[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2947 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2947

     To encourage and to assist in the permanent settlement of all 
 litigation and other claims to the waters of the Walker River Basin, 
 Nevada, and to conserve and stabilize the water quantity and quality 
 for fish habitat and recreation in the Walker River Basin, consistent 
with the Walker River Decree issued by the United States district court 
                      for the District of Nevada.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1997

 Mr. Gibbons introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To encourage and to assist in the permanent settlement of all 
 litigation and other claims to the waters of the Walker River Basin, 
 Nevada, and to conserve and stabilize the water quantity and quality 
 for fish habitat and recreation in the Walker River Basin, consistent 
with the Walker River Decree issued by the United States district court 
                      for the District of Nevada.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Walker River Basin Act of 1997''.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) Facilitate efforts to negotiate the permanent 
        settlement of all litigation and other claims to the waters of 
        the Walker River Basin, Nevada, including those of the Walker 
        River Paiute Tribe and Walker Lake.
            (2) Encourage an equitable apportionment of the waters of 
        the Walker River between California and Nevada.
            (3) Direct the management of water rights acquired by the 
        United States on the Walker River.
            (4) Protect the fish and wildlife associated habitats in 
        the Walker River Basin of California and Nevada.
            (5) Stabilize the water quality and quantity of Walker Lake 
        at acceptable levels.
            (6) Protect recreation resources associated with the Walker 
        River and its reservoirs, and Walker Lake.
            (7) Protect and preserve agriculture in the Walker River 
        Basin.
            (8) Enhance stream flows.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Locally Affected Interests'' means, 
        collectively, Mineral County of Nevada, the Walker River Basin 
        Water Users Association, the Walker River Irrigation District, 
        the Walker River Paiute Tribe of Indians, and Mono County of 
        California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior, acting through the Commissioner of the Bureau of 
        Reclamation.
            (3) The term ``Walker River Basin'' means the hydrologic 
        area which naturally drains into the Walker River or Walker 
        Lake (or both), located in Mineral County, Nevada.
            (4) The term ``Walker River Basin Water Users Association'' 
        means a nonprofit corporation whose membership includes, but is 
        not limited to, irrigators in California and Nevada who possess 
        water rights pursuant to the Walker River Decree, but not 
        including the Walker River Paiute Tribe.
            (5) The term ``Walker River Decree'' means the final decree 
        in the case of United States v. Walker River Irrigation 
        District, et al., United States district court for the District 
        of Nevada, Equity No. C-125, filed April 15, 1936, as amended 
        by the Order of the Honorable A.F. St. Sure, dated April 24, 
        1940.

SEC. 4. FURTHER SETTLEMENT.

    (a) In General.--The Secretary, the Locally Affected Interests, the 
State of Nevada, and the State of California shall initiate 
negotiations to explore the potential for comprehensive and permanent 
settlement of all claims to the waters of the Walker River, in 
California and Nevada.
    (b) Report.--If the terms of any settlement negotiated under 
subsection (a) require legislation by Congress, the Secretary shall 
submit to Congress a report describing the necessary legislation.

SEC. 5. AUTHORIZATIONS.

    (a) Studies and Projects.--In order to assist the Locally Affected 
Interests and the States of Nevada and California in negotiating a 
settlement under section 4, the Secretary shall assist in the 
development and implementation of studies, pilot projects or long-term 
projects (or both) including, but not limited to, the following:
            (1) In accordance with Nevada law, California law, and 
        other applicable law, a locally managed Walker River Water Bank 
        to facilitate voluntary water transfers, including the transfer 
        of any water delivered pursuant to the water conservation 
        provision of this Act, within the Walker River Basin in the 
        States of Nevada and California: Provided, That the Walker 
        River Water Bank may include water held by the Walker River 
        Paiute Tribe pursuant to reserved water rights confirmed in the 
        Walker River Decree or water rights held by the Walker River 
        Paiute Tribe (or both). The Locally Affected Interests shall 
        have the ability to both purchase from and transfer water to 
        the Walker River Water Bank.
            (2) Water conservation, compatible with local land use, 
        designed to encourage the Locally Affected Interests to 
        voluntarily conserve water in the Walker River Basin.
            (3) Enhancement of stream flows through phreatophyte 
        control and debris control and removal on the Walker River and 
        in Walker Lake, in order to protect and improve water quality 
        in Walker Lake and to improve water efficiency for agricultural 
        use.
            (4) Improvement of agricultural water management practices 
        in the Walker River Basin.
            (5) Improvement of water quality in Walker Lake through the 
        construction and operation of facilities designed to address 
        problems in Walker Lake associated with decreased oxygen and 
        increased salinity.
            (6) A program to allow any or all of the Locally Affected 
        Interests to extract and utilize available groundwater in lieu 
        of surface water entitlements.
            (7) A groundwater recharge program.
            (8) A facility to assist in acclimating Lahanton cutthroat 
        trout to Walker Lake.
            (9) A program to facilitate the purchase and transfer of 
        water rights for use in Walker Lake or to otherwise benefit the 
        environmental needs of the Walker River system.
    (b) Form of Assistance; Cost Share; Authorization of 
Appropriations.--
            (1) The Secretary shall, subject to the availability of 
        appropriations, provide assistance under subsection (a) through 
        grants to, cooperative agreements with, and technical 
        assistance to the Locally Affected Interests. The United States 
        share of costs associated with the studies, pilot projects, and 
        long-term projects described in subsection (a) shall be 75 
        percent of the total thereof, with the remaining 25 percent 
        equitably apportioned among the Locally Affected Interests, the 
        State of California, and the State of Nevada. The Locally 
        Affected Interests may pay all or a portion of their 25 percent 
        share of costs in the form of in-kind services.
            (2) There are authorized to be appropriated to the 
        Secretary to carry out the studies, pilot projects, and long-
        term projects described in subsection (a), $10,000,000, which 
        will constitute the maximum of the United States 75 percent 
        share of costs associated with the studies, pilot projects, and 
        long-term projects authorized by this Act. Funds appropriated 
        under this section shall be made available to the Locally 
        Affected Interests to carry out the studies, pilot projects, 
        and long-term projects specified in subsection (a). Funds 
        appropriated under this section shall remain available until 
        expended.

SEC. 6. ADMINISTRATION OF WATER RIGHTS HELD BY THE UNITED STATES.

    (a) In General.--To the extent that the Secretary or any other 
department or agency of the United States has acquired or in the future 
acquires water and water rights from the Walker River and its 
tributaries such water and water rights--
            (1) may not be changed except in compliance with 
        Administrative Rules and Regulations Regarding Change of Point 
        of Diversion, Manner of Use or Place of Use of Water of the 
        Walker River and its Tributaries adopted pursuant to the Walker 
        River Decree;
            (2) shall be managed by the Secretary or another department 
        or agency of the United States for purposes consistent with the 
        purposes of this Act, including, but not limited to, the 
        utilization of water to augment instream flows for use within 
        the Walker River Water Bank or to otherwise benefit Walker 
        Lake, after consultation with the State of Nevada and the State 
        of California to ensure compliance with applicable State laws;
            (3) may not be changed without the approval of the Walker 
        River Irrigation District, if they include stored water from 
        Bridgeport or Topaz Reservoirs; and
            (4) if they are appurtenant to lands within the boundaries 
        of the Walker River Irrigation District may not be exercised 
        for any purpose unless the United States has paid all 
        assessments associated with such lands and water rights to the 
        Walker River Irrigation District.
    (b) Limitation on Application.--The provisions of subsection (a) do 
not apply to water rights held or acquired by the United States in 
trust for the Walker River Paiute Tribe.

SEC. 7. MORATORIUM.

    (a) In General.--Until the date that is 1 year after the date of 
enactment of this Act and during the period in which a study or pilot 
project under section 5(a) is undertaken, no court or administrative 
tribunal shall have jurisdiction to hear or determine a claim or matter 
related to a claim for additional water for the Walker River Indian 
Reservation or for Walker Lake or a claim to amend the Walker River 
Decree in any manner.
    (b) Tolling.--Any applicable period of limitation shall be tolled 
during the moratorium period under subsection (a).
    (c) No Limitation on Jurisdiction.--Nothing in this Act affects the 
jurisdiction of the United States district court for the District of 
Nevada to ensure that owners of water rights recognized in the Walker 
River Decree receive the quantity of water to which the owners are 
entitled under the Decree.

SEC. 8. ACCESS TO INFORMATION.

    No person may use information furnished in connection with or 
derived from a study or pilot project under section 5(a) for any 
purpose (including introduction as evidence in any court or 
administrative proceeding) except for the purpose of facilitating 
settlement under section 4.

SEC. 9. COMPLIANCE WITH WALKER RIVER DECREE.

    The Secretary shall not take any action that would undermine, 
contradict, or diminish the water rights confirmed in the Walker River 
Decree other than action that the Secretary determines is necessary and 
within the authority of the Secretary as trustee for the Walker River 
Paiute Indian Tribe and members of the Tribe.

SEC. 10. EXISTING AUTHORITY.

    Except as provided in section 7, nothing in this Act affects the 
authority of the Secretary, the Walker River Paiute Indian Tribe, the 
State of Nevada, or the State of California in existence on the date of 
enactment of this Act.
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