[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S202-S203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Udall of New Mexico):
  S. 134. A bill to authorize the Mescalero Apache Tribe to lease 
adjudicated water rights; to the Committee on Indian Affairs.
  Mr. BINGAMAN. Mr. President, today I am introducing a bill entitled 
the Mescalero Apache Tribe Leasing Authorization Act to allow the 
Mescalero Apache Tribe in New Mexico to lease certain adjudicated water 
rights to other communities in need of water. My colleague Senator Tom 
Udall is co-sponsoring this measure and I am looking forward to working 
with him on this issue.
  As competition for limited water supplies increases and water 
supplies become more uncertain as a result of a changing climate, more 
flexibility in water management strategies is essential. This bill will 
enable the Mescalero Apache Tribe to lease certain unused water rights 
adjudicated to the Tribe to other communities in New Mexico that have 
significant water needs. Through this bill, communities including the 
Village of Ruidoso, the Village of Cloudcroft and the City of 
Alamogordo would be able to negotiate with the Mescalero Apache Tribe 
to lease water through a process overseen by the New Mexico State 
Engineer. These mutually beneficial transactions will provide 
additional water to communities in times of need and will provide 
economic benefits to the Tribe. Allowing these types of transactions to 
occur will also help to strengthen the relationship between Indian and 
non-Indian communities that co-exist in many parts of New Mexico.
  This bill will greatly benefit the Mescalero Apache Tribe and its 
surrounding neighbors and it is my hope that my colleagues will 
ultimately support its enactment.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 134

       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 ``Mescalero Apache Tribe 
     Leasing Authorization Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Adjudicated water rights.--The term ``adjudicated water 
     rights'' means water rights that were adjudicated to the 
     Tribe in State v. Lewis, 116 N.M. 194, 861 P. 2d 235 (1993).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.
       (4) Tribe.--The term ``Tribe'' means the Mescalero Apache 
     Tribe.

     SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER RIGHTS.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to subsections (b) and (c), the Tribe may lease, 
     enter into a contract with respect to, or otherwise transfer 
     to another party, for another purpose, or to another place of 
     use in the State, all or any portion of the adjudicated water 
     rights.
       (b) State Law.--In carrying out any action under subsection 
     (a), the Tribe shall comply with all laws (including 
     regulations) of the State with respect to the leasing or 
     transfer of water rights.
       (c) Alienation; Maximum Term.--
       (1) Alienation.--The Tribe shall not permanently alienate 
     any adjudicated water rights.
       (2) Maximum term.--The term of any water use lease, 
     contract, or other agreement under this section (including a 
     renewal of such an agreement) shall be not more than 99 
     years.
       (d) Liability.--The Secretary shall not be liable to the 
     Tribe or any other person for any loss or other detriment 
     resulting from a lease, contract, or other arrangement 
     entered into pursuant to this section.
       (e) Purchases or Grants of Land From Indians.--The 
     authorization provided by this Act for the leasing, 
     contracting, and transfer of the adjudicated water rights 
     shall be considered to satisfy any requirement for 
     authorization of the action by treaty or convention imposed 
     by section 2116 of the Revised Statutes (25 U.S.C. 177).
       (f) Prohibition on Forfeiture.--The nonuse of all or any 
     portion of the adjudicated water rights by a lessee or 
     contractor shall not result in the forfeiture, abandonment, 
     relinquishment, or other loss of all or any portion of the 
     adjudicated water rights.

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