Congressional Record, Volume 168 Issue 199 (Wednesday, December 21, 2022)

[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9939-H9941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COLORADO RIVER INDIAN TRIBES WATER RESILIENCY ACT OF 2022

Mrs. PELTOLA. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3308) to authorize the Colorado River Indian Tribes to enter
into lease or exchange agreements and storage agreements relating to
water of the Colorado River allocated to the Colorado River Indian
Tribes, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 3308

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 ``Colorado River Indian Tribes
Water Resiliency Act of 2022''.

SEC. 2. PURPOSES.

The purposes of this Act are to authorize--
(1) the CRIT to enter into lease or exchange agreements,
storage agreements, and agreements for conserved water for
the economic well-being of the CRIT; and
(2) the Secretary to approve any lease or exchange
agreements, storage agreements, or agreements for conserved
water entered into by the CRIT.

SEC. 3. DEFINITIONS.

In this Act:
(1) Agreement for conserved water.--The term ``agreement
for conserved water'' means an agreement for the creation of
system conservation, storage of conserved water in Lake Mead,
or other mechanisms for voluntarily leaving a portion of the
CRIT reduced consumptive use in Lake Mead.
(2) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the exterior boundaries of the
Reservation; and
(B) held in trust by the United States.
(3) Consolidated decree.--The term ``Consolidated Decree''
means the decree entered by the Supreme Court of the United
States in Arizona v. California, 547 U.S. 150 (2006).
(4) Consumptive use.--The term ``consumptive use'' means a
portion of the decreed allocation that has a recent history
of use by the CRIT within the exterior boundary of the
Reservation. Any verified reduction in consumptive use
pursuant to a lease or exchange agreement, a storage
agreement, or an agreement for conserved water shall be
deemed to be a consumptive use in the year in which the
reduction occurred, subject to the condition that the
reduction is reflected in the Water Accounting Report.
(5) CRIT.--The term ``CRIT'' means the Colorado River
Indian Tribes, a federally recognized Indian Tribe.
(6) Decreed allocation.--The term ``decreed allocation''
means the volume of water of the mainstream of the Colorado
River allocated to the CRIT that is accounted for as part of
the apportionment for the State in part I-A of the Appendix
of the Consolidated Decree.
(7) Lower basin.--The term ``Lower Basin'' has the meaning
given the term in article II(g) of the Colorado River Compact
of 1922, as approved by Congress in section 13 of the Boulder
Canyon Project Act (43 U.S.C. 617l) and by the Presidential
Proclamation of June 25, 1929 (46 Stat. 3000).
(8) Person.--The term ``person'' means an individual, a
public or private corporation, a company, a partnership, a
joint venture, a firm, an association, a society, an estate
or trust, a private organization or enterprise, the United
States, an Indian Tribe, a governmental entity, or a
political subdivision or municipal corporation organized
under, or subject to, the constitution and laws of the State.
(9) Reservation.--The term ``Reservation'' means the
portion of the reservation established for the CRIT that is
located in the State.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--Except for purposes of section 16, the term
``State'' means the State of Arizona.
(12) Storage.--The term ``storage'' means the underground
storage, in accordance with State law, of a portion of the
consumptive use off the Reservation within the Lower Basin in
the State.
(13) Water accounting report.--The term ``Water Accounting
Report'' means the annual report of the Bureau of Reclamation
entitled the ``Colorado River Accounting and Water Use
Report: Arizona, California, and Nevada'' which includes the
compilation of records in accordance with article V of the
Consolidated Decree.

SEC. 4. LEASE OR EXCHANGE AGREEMENTS.

[[Page H9940]]

agreement entered into under subsection (a) shall be mutually
agreed, except that the term shall not exceed 100 years.
(c) Modifications.--Any lease or exchange agreement entered
into under subsection (a) may be renegotiated or modified at
any time during the term of the lease or exchange agreement,
subject to the approval of the Secretary under section 7(a),
subject to the condition that the term of the renegotiated
lease or exchange agreement does not exceed 100 years.
(d) Applicable Law.--Any person entering into a lease or
exchange agreement with the CRIT under this section shall use
the water received under the lease or exchange agreement in
accordance with applicable Federal and State law.

SEC. 5. STORAGE AGREEMENTS.

(a) Authorization.--Notwithstanding section 2116 of the
Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act'') (25 U.S.C. 177) or any other provision of
law, the CRIT is authorized, subject to the approval of the
Secretary under section 7(a), and has the sole authority, to
enter into an agreement, including with the Arizona Water
Banking Authority (or a successor agency or entity), for the
storage of a portion of the consumptive use, or the water
received under an exchange pursuant to an exchange agreement
under section 4, at 1 or more underground storage facilities
or groundwater savings facilities off the Reservation
(referred to in this Act as a ``storage agreement''), subject
to the conditions that the facility is located in the Lower
Basin in the State and is not located in the counties of
Navajo, Apache, or Cochise in the State.
(b) Modifications.--Any storage agreement entered into
under subsection (a) may be renegotiated or modified at any
time during the term of the storage agreement, subject to the
approval of the Secretary under section 7(a).
(c) Applicable Law.--Any storage agreement entered into
under subsection (a) shall be in accordance with applicable
Federal and State law.
(d) Delegation of Rights.--The CRIT may assign or sell any
long-term storage credits accrued as a result of a storage
agreement, subject to the condition that the assignment or
sale is in accordance with applicable State law.

SEC. 6. AGREEMENTS FOR CREATION OF WATER FOR THE COLORADO
RIVER SYSTEM FOR STORING WATER IN LAKE MEAD.

(a) Authorization.--Notwithstanding section 2116 of the
Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act'') (25 U.S.C. 177) or any other provision of
law, the CRIT is authorized, subject to the approval of the
Secretary under section 7(a), and has the sole authority, to
enter into, with any person, an agreement for conserved
water, subject to the conditions that if the conserved water
is delivered, the delivery is to a location in the Lower
Basin in the State and is not to a location in the counties
of Navajo, Apache, or Cochise in the State.
(b) Term of an Agreement for Conserved Water.--The term of
any agreement for conserved water entered into under
subsection (a) shall be mutually agreed, except that the term
shall not exceed 100 years.
(c) Modifications.--Any agreement for conserved water
entered into under subsection (a) may be renegotiated or
modified at any time during the term of the agreement for
conserved water, subject to the approval of the Secretary
under section 7(a).
(d) Applicable Law.--Any agreement for conserved water
entered into under subsection (a), and any use of conserved
water, shall be in accordance with Federal law, including any
program authorized by Federal law.

SEC. 7. SECRETARIAL APPROVAL; DISAPPROVAL; AGREEMENTS.

(a) Authorization.--The Secretary shall approve or
disapprove any--
(1) lease or exchange agreement;
(2) modification to a lease or exchange agreement;
(3) storage agreement;
(4) modification to a storage agreement;
(5) agreement for conserved water; or
(6) modification to an agreement for conserved water.
(b) Secretarial Agreements.--The Secretary is authorized to
enter into a lease or exchange agreement, a storage
agreement, or an agreement for conserved water with the CRIT,
subject to the condition that the Secretary pays the fair
market value for the CRIT reduced consumptive use.
(c) Requirements.--
(1) Lease or exchange agreements and storage agreements.--
The Secretary shall not approve any lease or exchange
agreement, or any modification to a lease or exchange
agreement, or any storage agreement, or any modification to a
storage agreement, that is not in compliance with--
(A) this Act; and
(B) the agreement entered into between the CRIT, the State,
and the Secretary under section 10(a).
(2) Agreements for conserved water.--The Secretary shall
not approve any agreement for conserved water, or any
modification to an agreement for conserved water, that is not
in compliance with--
(A) this Act; and
(B) other applicable Federal law, including any program
authorized by Federal law.
(3) Permanent alienation.--The Secretary shall not approve
any lease or exchange agreement, or any modification to a
lease or exchange agreement, any storage agreement, or any
modification to a storage agreement, or any agreement for
conserved water, or any modification to an agreement for
conserved water, that permanently alienates any portion of
the CRIT decreed allocation.
(d) Other Requirements.--The requirement for Secretarial
approval under subsection (a) shall satisfy the requirements
of section 2116 of the Revised Statutes (commonly known as
the ``Indian Trade and Intercourse Act'') (25 U.S.C. 177).
(e) Authority of the Secretary.--Nothing in this Act, or
any agreement entered into or approved by the Secretary under
this Act, including any lease or exchange agreement, storage
agreement, or agreement for conserved water, shall diminish
or abrogate the authority of the Secretary to act under
applicable Federal law or regulation, including the
Consolidated Decree.

SEC. 8. RESPONSIBILITIES OF THE SECRETARY.

(a) Compliance.--When approving a lease or exchange
agreement, a storage agreement, or an agreement for conserved
water, the Secretary shall promptly comply with all aspects
of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and all other applicable environmental laws
and regulations.
(b) Documentation.--The Secretary shall document any lease
or exchange agreement, storage agreement, or agreement for
conserved water in the Water Accounting Report.

SEC. 9. AGREEMENT BETWEEN THE CRIT AND THE STATE.

(a) In General.--Before entering into the first lease or
exchange agreement or storage agreement, the CRIT shall enter
into an agreement with the State that outlines all notice,
information sharing, and collaboration requirements that
shall apply to any potential lease or exchange agreement or
storage agreement the CRIT may enter into.
(b) Requirement.--The agreement required under subsection
(a) shall include a provision that requires the CRIT to
submit to the State all documents regarding a potential lease
or exchange agreement or storage agreement.

SEC. 10. AGREEMENT BETWEEN THE CRIT, THE STATE, AND THE
SECRETARY.

(a) In General.--Before approving the first lease or
exchange agreement or storage agreement under section 7, the
Secretary shall enter into an agreement with the State and
the CRIT that describes the procedural, technical, and
accounting methodologies for any lease or exchange agreement
or storage agreement the CRIT may enter into, including
quantification of the reduction in consumptive use and water
accounting.
(b) NEPA.--The execution of the agreement required under
subsection (a) shall not constitute a major Federal action
for purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Effect.--Nothing in this Act prohibits the Secretary
from agreeing with the CRIT and the State to a modification
to an agreement entered into under subsection (a) (including
an appendix or exhibit to the agreement) if the
modification--
(1) is in compliance with this Act; and
(2) does not otherwise require congressional approval under
section 2116 of the Revised Statutes (commonly known as the
``Indian Trade and Intercourse Act'') (25 U.S.C. 177) or any
other provision of law.

SEC. 11. NO EFFECT ON THE CRIT DECREED ALLOCATION.

(a) Temporary Use.--A lease or exchange agreement, a
storage agreement, or an agreement for conserved water--
(1) shall provide for the temporary use, storage, or
conservation of a portion of the consumptive use off the
Reservation; and
(2) shall not permanently alienate the decreed allocation.
(b) Priority Status.--
(1) In general.--The lease or exchange of a portion of the
consumptive use shall not cause that portion to lose or
change its priority under the Consolidated Decree.
(2) Nonuse.--Any nonuse by a person who is a party to any
lease or exchange agreement or storage agreement with the
CRIT shall not result in forfeiture, abandonment,
relinquishment, or other loss by the CRIT of all or any
portion of the decreed allocation.
(c) Reservation of Rights.--The lease, exchange, storage,
or conservation of a portion of the consumptive use shall not
reduce or limit the right of the CRIT to use the remaining
portion of the decreed allocation on the Reservation.
(d) Storage Agreements.--A storage agreement entered into
under this Act shall account for the quantity of water in
storage off the Reservation in accordance with applicable
State law.

SEC. 12. ALLOTTEE USE OF WATER.

(a) Interference.--The lease, exchange, storage, or
conservation of a portion of the consumptive use shall not
directly or indirectly interfere with, or diminish, any
entitlement to water for an allottee under Federal or Tribal
law.
(b) Water Rights of Allottees.--The Secretary shall protect
the rights of the allottees to a just and equitable
distribution of water for irrigation purposes, pursuant to
section 7 of the Act of February 8, 1887 (commonly known as
the ``Indian General Allotment Act'') (24 Stat. 390, chapter
119; 25 U.S.C. 381) (referred to in this section as the
``Act'').
(c) Relief Under Tribal Law.--Prior to asserting any claim
against the United States pursuant to the Act, or any other
applicable law, an allottee shall exhaust all

[[Page H9941]]

remedies available under applicable Tribal law.
(d) Relief Under the Indian General Allotment Act.--
Following an exhaustion of remedies available under
applicable Tribal law, an allottee may seek relief under the
Act or any other applicable law.
(e) Relief From the Secretary.--Following exhaustion of
remedies available under the Act, or any other applicable
law, an allottee may petition the Secretary for relief.

SEC. 13. CONSIDERATION PAID TO THE CRIT.

The CRIT, and not the United States in any capacity, shall
be entitled to all consideration due to the CRIT under any
lease or exchange agreement, storage agreement, or agreement
for conserved water.

SEC. 14. LIABILITY OF THE UNITED STATES.

(a) Limitation of Liability.--The United States shall not
be liable to the CRIT or to any party to a lease or exchange
agreement, a storage agreement, or an agreement for conserved
water in any claim relating to the negotiation, execution, or
approval of any lease or exchange agreement, storage
agreement, or agreement for conserved water, including any
claim relating to the terms included in such an agreement,
except for claims relating to the requirements of section
8(a).
(b) Obligations.--The United States shall have no trust
obligation or other obligation to monitor, administer, or
account for--
(1) any funds received by the CRIT as consideration under
any lease or exchange agreement, storage agreement, or
agreement for conserved water; or
(2) the expenditure of such funds.

SEC. 15. APPLICATION.

(a) In General.--This Act shall only apply to the portion
of the decreed allocation that is available for use in the
State.
(b) Requirement.--The portion of the decreed allocation
that is available for use in the State shall not be used,
directly or indirectly outside the Lower Basin in the State
or in the counties of Navajo, Apache, or Cochise in the
State.

SEC. 16. RULE OF CONSTRUCTION.

Nothing in this Act establishes, or shall be considered to
establish, a precedent in any litigation involving, or
alters, affects, or quantifies, any water right with respect
to--
(1) the United States;
(2) any other Indian Tribe, band, or community;
(3) any State or political subdivision or district of a
State; or
(4) any person.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Alaska (Mrs. Peltola) and the gentleman from Arkansas (Mr. Westerman)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Alaska.

General Leave

Mrs. PELTOLA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Alaska?
There was no objection.
Mrs. PELTOLA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3308, the Colorado River Indian
Tribes Water Resiliency Act introduced by Senator Mark Kelly of
Arizona.
This bill authorizes the Colorado River Indian Tribes, or CRIT, to
lease a portion of its Colorado River allocation to assist Arizona
communities and to help slow unprecedented water level declines behind
Hoover Dam, which supplies water to tens of millions of people.
This authority will enable the CRIT to enter agreements to lease or
conserve water to support Tribal economic development and to help
address water shortages in the Colorado River Basin, which is currently
in its 23rd year of a historic drought.
I want to commend the Natural Resources Committee Chair Grijalva for
his work to develop this important legislation, along with Senator
Kelly's efforts to advance this bill in the Senate.
I urge my colleagues to vote ``yes'' on this bill, and I reserve the
balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise again in qualified support of the Colorado River
Indian Tribes Water Resiliency Act. This bill would authorize the
Colorado River Indian Tribes, or CRIT, to enter into agreements with
non-Indian water users to lease, exchange, or store a portion of its
decreed water rights in Arizona.
At a time when Arizona and the West are facing historic drought and
water supply cutbacks, this bill could actually provide some near-term
relief to those in desperate need of water.
In Arizona, for example, agricultural and other water deliveries from
the Colorado River have been reduced. The farmers who feed America are
staring at a bleak water future as a result.
This bill is not a cure-all, but it could help facilitate water
transactions between the Colorado River Indian Tribes and Indian and
non-Indian communities in Arizona increasing availability of water at
no cost to the Federal Government.
Again, it is unfortunate that despite the legislation's potential
benefits, it has not gone through regular order. In fact, this bill was
never introduced in the House of Representatives, and the Natural
Resources Committee did not have an opportunity to discuss the merits
of this legislation or offer amendments at markup. Congress can do
better than this, and the House fully intends to do so in the next
Congress under a Republican watch.
Nevertheless, this no-Federal-cost legislation aims to give the
Colorado River Indian Tribes parity with the authorities granted to
Tribes under various other Indian water rights settlements in Arizona.

{time} 1545

Mr. Speaker, despite my reservations over the lack of process on this
measure, I join with my Republican and Democrat colleagues from
Arizona, I urge adoption of this bill, and I yield back the balance of
my time
Mrs. PELTOLA. Mr. Speaker, in closing, I have no further requests for
time, I urge my colleagues to support the legislation, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Alaska (Mrs. Peltola) that the House suspend the rules
and pass the bill, S. 3308.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

____________________