[Congressional Record Volume 160, Number 97 (Friday, June 20, 2014)]
[House]
[Page H5598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 4924.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This legislation is constitutionally appropriate pursuant 
     to Article I, Section 8, Clause 3 (the Commerce Clause) which 
     grants Congress the power to regulate Commerce with foreign 
     Nations, and among several states and with the Indian Tribes; 
     Article II, Section 2, Clause 2 (the Treaty Clause) which 
     gives the President the Power to make Treaties; Article IV, 
     Section 3, Clause 2 (the Property Clause) which gives 
     Congress the Power to make all Rules and Regulations 
     respecting the Territory or other Property belonging to the 
     United States.
       The Supreme Court, in Winters v. United States (1901), 
     reasoned that an Indian Tribe's water rights are established 
     when the reservation is created, regardless of whether the 
     Tribe actually uses the water on that reservation at that 
     time. The Act settles water right claims of the Hualapai 
     Tribe and is thus constitutionally permissible.