[117th Congress Public Law 343]
[From the U.S. Government Publishing Office]
[[Page 6185]]
COLORADO RIVER INDIAN TRIBES WATER RESILIENCY ACT OF 2022
[[Page 136 STAT. 6186]]
Public Law 117-343
117th Congress
An Act
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. <<NOTE: Jan. 5, 2023 - [S. 3308]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Colorado River
Indian Tribes Water Resiliency Act of 2022.>>
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.
[[Page 136 STAT. 6187]]
(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.
(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 to lease or
exchange, or an option to lease or exchange, a portion of the
consumptive use for a use off the Reservation (referred to in this Act
as a ``lease or exchange agreement''), subject to the conditions that
the use off the Reservation 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) Term of Lease or Exchange Agreement.--The term of any lease or
exchange 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
[[Page 136 STAT. 6188]]
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.
[[Page 136 STAT. 6189]]
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.
[[Page 136 STAT. 6190]]
(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. <<NOTE: Applicability.>> 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
[[Page 136 STAT. 6191]]
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 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.
[[Page 136 STAT. 6192]]
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.
Approved January 5, 2022.
LEGISLATIVE HISTORY--S. 3308:
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SENATE REPORTS: No. 117-286 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 19, considered and passed Senate.
Dec. 21, considered and passed House.
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