[Congressional Record Volume 163, Number 209 (Thursday, December 21, 2017)]
[House]
[Page H10420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            By Mr. GOSAR:
        H.R. 4723.
        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.