[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1527 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1527

     To encourage and to assist in the permanent settlement of all 
litigation and other claims to the waters of the Walker River Basin 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 SENATE OF THE UNITED STATES

                           November 13, 1997

   Mr. Reid introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural 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 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--
            (1) to facilitate efforts to negotiate the permanent 
        settlement of all litigation and other claims to the waters of 
        the Walker River Basin, including those of the Walker River 
        Paiute Tribe and Walker Lake;
            (2) to encourage an equitable apportionment of the waters 
        of the Walker River between California and Nevada;
            (3) to direct the management of water rights acquired by 
        the United States on the Walker River;
            (4) to protect the fish and wildlife associated habitats in 
        the Walker River Basin of California and Nevada;
            (5) to stabilize the water quality and quantity of Walker 
        Lake at acceptable levels;
            (6) to protect recreation resources associated with the 
        Walker River and its reservoirs, and Walker Lake;
            (7) to protect and preserve agriculture in the Walker River 
        Basin; and
            (8) to enhance stream flows.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Locally affected interests.--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 
        Indian Tribe, and Mono County, California.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Walker river basin.--The term ``Walker River Basin'' 
        means the hydrologic area that naturally drains into the Walker 
        River or Walker Lake, located in Mineral County, Nevada.
            (4) Walker river decree.--The term ``Walker River Decree'' 
        means the final decree in the case of United States v. Walker 
        River Irrigation District, United States District Court for the 
        District of Nevada, Equity No. C-125, filed April 15, 1936, as 
        amended April 24, 1940.
            (5) Walker river basin water users association.--The term 
        ``Walker River Basin Water Users Association'' means a 
        nonprofit corporation whose membership includes irrigators in 
        California and Nevada who possess water rights pursuant to the 
        Walker River Decree, but not including the Walker River Paiute 
        Tribe.

SEC. 4. SETTLEMENT OF WALKER RIVER CLAIMS.

    (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. STUDIES AND PROJECTS.

    (a) Federal Assistance.--
            (1) In general.--To assist the locally affected interests 
        and the States of Nevada and California in negotiating a 
        settlement under section 4, the Secretary may provide funds and 
        technical assistance for the development and implementation of 
        studies, pilot projects, or long-term projects, including 
        studies and projects for the following purposes:
                    (A) 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 water to 
                facilitate water conservation under paragraph (2)) 
                within the Walker River Basin in the States of Nevada 
                and California.
                    (B) Water conservation, compatible with local land 
                use, designed to encourage the locally affected 
                interests to voluntarily conserve water in the Walker 
                River Basin.
                    (C) Enhancement of stream flows through 
                phreatophyte control and debris control and removal on 
                the Walker River and in Walker Lake, to protect and 
                improve water quality in Walker Lake and to improve the 
                efficiency of agricultural water use.
                    (D) Improvement of agricultural water management 
                practices in the Walker River Basin.
                    (E) 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.
                    (F) A program to allow any or all of the locally 
                affected interests to extract and use ground water in 
                place of surface water entitlements.
                    (G) A ground water recharge program.
                    (H) A facility to assist in acclimating Lahanton 
                cutthroat trout to Walker Lake.
                    (I) 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.
            (2) Participation in water bank by the tribe.--The Walker 
        River water bank under paragraph (1)(A) may include water held 
        by the Walker River Paiute Indian Tribe pursuant to reserved 
        water rights confirmed in the Walker River Decree, or other 
        water rights held by the Walker River Paiute Indian Tribe. The 
        Walker River Paiute Indian Tribe shall be entitled to both 
        purchase from and transfer water to the Walker River Water 
        Bank.
    (b) Federal Share.--
            (1) In general.--The Federal share of the cost of a study 
        or project under subsection (a) shall be 75 percent, with the 
        remaining 25 percent allocated among the locally affected 
        interests and the State of California and the State of Nevada.
            (2) In-kind services.--The locally affected interests may 
        pay all or a portion of the non-Federal share of costs in the 
        form of in-kind services.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to fund studies, pilot projects, and long-term 
projects under subsection (a) $10,000,000.
            (2) Availability.--Funds made available under this section 
        shall remain available until expended.

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

    (a) In General.--If the Secretary or any other department or agency 
of the United States has acquired or in the future acquires water from 
or water rights in the Walker River and its tributaries, the water and 
water rights--
            (1) may not be changed except in compliance with the 
        administrative rules and regulations regarding the 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 other department 
        or agency for purposes consistent with this Act, including the 
        use 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 the change involves stored water 
        from Bridgeport or Topaz Reservoirs; and
            (4) if the rights are appurtenant to land 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 the land and water rights to the 
        Walker River Irrigation District.
    (b) Applicability.--Subsection (a) does not apply to water rights 
held or acquired by the United States in trust for the Walker River 
Paiute Indian 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 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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