,i #aagth ,,congress #b;d ,session ,h4 ,r4 #ifcc ,,in ,,the ,,house ,,of ,,representatives ,december #bj1 #bjbb,mr4 ,o',halleran introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to authorize ,arizona ,tribes to enter into lease or exchange agreements and storage agreements relating to their decreed water entitlements as a long-term source of water supply1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,arizona ,tribes ,water ,marketing ,act of #bjbb4 #b4 ,findings ,congress finds as follows3 7#a7 ,the entire ,american ,west and ,southwest are facing forecasts of prolonged droughts that will leave ,states and ,tribes facing major water shortages4 7#b7 ,recent periods of drought in the ,american ,west have also occurred with higher temperatures and reduced snowpack and led to what climate scientists recently concluded was possibly the most severe drought in over #a1bjj years4 7#c7 ,the ,colorado ,river has been under drought conditions since #bjjj1 most recently denoted as the most endangered river in the ,united ,states1 and the ,state of ,arizona is in a mega-drought according to climate scientists4 7#d7 ,the ,secretary manages the lower ,colorado ,river system in accordance with ,federal law including-- 7,a7 the ,boulder ,canyon ,project ,act of #aibh2 7,b7 the #aifc ,decision of the ,u4,s4 ,supreme ,court in ,arizona v4 ,california2 7,c7 the #bjjf ,consolidated ,decree of the ,u4,s4 ,supreme ,court in ,arizona v4 ,california2 7,d7 the ,colorado ,river ,basin ,project ,act of #aifh2 7,e7 the ,criteria for ,coordinated ,long-,range ,operation of ,colorado ,river ,reservoirs ,pursuant to the ,colorado ,river ,basin ,project ,act of ,september #cj1 #aifh2 7,f7 the ,grand ,canyon ,protection ,act of #aiib2 7,g7 the #bjjg ,interim ,guidelines2 and 7,h7 other applicable provisions of ,federal law4 7#e7 ,the #bjjg ,interim ,guidelines will expire in #bjbf4 ,the #g ,states that are within the ,colorado ,river basin are re-negotiating these guidelines with the ,federal ,government to take account of current forecasts of available supply from the ,colorado ,river1 which is dramatically reduced from what it had been when the guidelines were adopted in #bjjg4 7#f7 ,colorado ,river water that had been stored in ,lake ,powell and ,lake ,mead has been gradually used up as the drought has continued4 ,conservation of water supplies is for the foreseeable future the only viable way to address water shortage and water supplies from the ,colorado ,river4 7#g7 ,while conservation is the current focus to address the mega-drought in the ,state of ,arizona1 additional efforts should be made now to identify future long-term water supplies to offset the reduced supplies available from the ,colorado ,river and other natural rivers and streams flowing in the ,state4 7#h7 ,congress recognizes that there are #bb ,tribes in the ,state of ,arizona4 ,of those ,tribes1 some have judicially decreed water entitlements decreed to them through various ,state and ,federal court decrees4 ,other ,arizona ,tribes have claims pending for additional water entitlements1 many of which will also result in judicially decreed ,tribal entitlements4 ,these judicially decreed ,tribal entitlements to water are currently not available as a potential water supply to offset the reduced supplies available from the ,colorado ,river and other natural rivers and streams flowing in the ,state4 7#i7 ,congress further recognizes that ,arizona ,tribes that hold judicially decreed rights to water from the ,colorado ,river or other rivers and streams flowing in ,arizona should be able to enter into lease or exchange agreements and storage agreements to make such decreed entitlements potentially available to other water users in the ,state as part of a long-term alternative supply4 7#aj7 ,making such judicially decreed ,tribal water supplies available as a long-term water supply should be considered and implemented as part of a long-term strategy for addressing the mega-drought in the ,southwest1 and should be considered as part of the ongoing basin ,state re-negotiation of the #bjjg ,interim ,guidelines4 7#aa7 ,in the meantime1 to address the current crisis1 all parties with excess supplies of water should consider ways of conserving those supplies through existing ,federal and ,state programs that provide for the conservation of such supplies for the benefit of both ,lake ,mead and ,lake ,powell4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to authorize ,arizona ,tribes to enter into ,lease or ,exchange ,agreements and ,storage ,agreements to make their judicially decreed ,tribal water entitlements available for use off of their respective ,reservations for their economic well-being and for the benefit of their surrounding jurisdictions as water supplies in ,arizona become more scarce2 and 7#b7 to authorize the ,secretary to approve any ,lease or ,exchange ,agreements or ,storage ,agreements entered into by ,arizona ,tribes pursuant to paragraph 7#a74 #d4 ,definitions ,in this ,act3 7#a7 #bjjg interim guidelines ,the term #bjjg ,interim ,guidelines means ,the ,final ,environmental ,impact ,statement--,colorado ,river ,interim ,guidelines for ,lower ,basin ,shortages and ,coordinated ,operations for ,lake ,powell and ,lake ,mead1 dated ,october #bjjg1 prepared pursuant to the ,national ,environmental ,policy ,act of #aifi1 the ,council on ,environmental ,quality's ,regulations for ,implementing the ,procedural ,provisions of ,,nepa 7#dj ,c4,f4,r4 ,parts #aejj through #aejh71 ,department of the ,interior ,policies1 and the ,bureau of ,reclamation's ,,nepa ,handbook4 7#b7 ,allottee ,the term allottee means an individual who holds a beneficial real property interest in an allotment of ,indian land that is-- 7,a7 located within the exterior boundaries of a ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#c7 ,arizona ,indian ,water ,settlement ,the term ,arizona ,indian ,water ,settlement means an ,indian water settlement for an ,indian ,tribe located within the ,state that-- 7,a7 has been approved and authorized by ,congress2 and 7,b7 includes as part of the ,indian ,tribe's approved and authorized entitlement a judicially decreed entitlement to water for lands located within the boundaries of the ,state4 7#d7 ,arizona ,tribe ,the term ,arizona ,tribe means an ,indian ,tribe with lands located within the ,state that has a decreed water right4 7#e7 ,decreed water right ,the term decreed water right means an entitlement to water included in any final decree entered by a ,federal court on behalf of an ,arizona ,tribe that is appurtenant to lands located within such ,arizona ,tribe's ,reservation4 7#f7 ,consumptive use ,the term ,consumptive ,use means-- 7,a7 a portion of the decreed water right that has been consumptively used by an ,arizona ,tribe within the exterior boundary of its ,reservation for a minimum of #d of the #e calendar years immediately preceding the year of delivery of a portion of the decreed right according to a ,lease or ,exchange ,agreement or ,storage ,agreement2 and 7,b7 any verified reduction in ,consumptive ,use pursuant to a ,system ,conservation ,agreement1 a ,lease or ,exchange ,agreement1 or ,storage ,agreement1 or from the creation of ,intentionally ,created ,surplus1 shall be deemed to be a ,consumptive ,use in the year in which the reduction occurred1 if the reduction is reflected in the ,water ,accounting ,report4 7#g7 ,intentionally created surplus or ,,ics ,the term ,intentionally ,created ,surplus or ,,ics means water that is conserved to ,lake ,mead for future use by a water user pursuant to the #bjjg ,interim ,guidelines4 7#h7 ,lease or exchange agreement ,the term ,lease or ,exchange ,agreement means an agreement to lease or exchange1 or an option to lease or exchange1 a portion of the ,consumptive ,use off of a ,reservation4 7#i7 ,lower basin ,the term ,lower ,basin has the meaning given the term in article ,,ii7g7 of the ,colorado ,river ,compact of #aibb1 as approved by ,congress in section #ac of the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fagl71 and by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj74 7#aj7 ,person ,the term person means an individual1 a public or private corporation1 a company1 a partnership1 a joint venture1 a firm1 an association1 a society1 an estate or trust1 a private organization or enterprise1 the ,united ,states1 any ,indian ,tribe1 a governmental entity1 or a political subdivision or municipal corporation organized under1 or subject to1 the constitution and laws of the ,state4 7#aa7 ,reservation ,the term ,reservation means the reservation established for each ,arizona ,tribe but only as to those reservation lands that are located in the ,state4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ac7 ,state ,the term ,state means the ,state of ,arizona4 7#ad7 ,storage ,the term storage means the underground storage1 in accordance with ,state law1 of a portion of the ,consumptive ,use off of the ,reservation within the ,lower ,basin in the ,state4 7#ae7 ,storage agreement ,the term ,storage ,agreement means an agreement1 including with the ,arizona ,water ,banking ,authority 7or successor agency or entity71 for the storage of a portion of the ,consumptive ,use1 or the water received under an exchange pursuant to an ,lease or ,exchange ,agreement1 or more underground storage facilities or groundwater savings facilities located in the ,state4 7#af7 ,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 ,report3 ,arizona1 ,california1 and ,nevada4 #e4 ,lease or exchange agreements 7a7 ,authorization ,notwithstanding section #baaf of the ,revised ,statutes 7commonly known as the ,indian ,trade and ,intercourse ,act2 #be ,u4,s4,c4 #agg7 or any other provision of law1 beginning on ,january #a1 #bjbf1 each ,arizona ,tribe is authorized to1 subject to the approval of the ,secretary under section #g7;a71 and has the sole authority to1 enter into1 with any person1 a ,lease or ,exchange ,agreement1 on the condition that the use off of the ,reservation is located in the ,lower ,basin in the ,state and is not in ,navajo1 ,apache1 or ,cochise counties4 7b7 ,term of lease or exchange agreement ,the term of any ,lease or ,exchange ,agreement entered into under subsection 7a7 shall be mutually agreed1 except that the term shall not exceed #ajj years4 7c7 ,modifications ,any ,lease or ,exchange ,agreement entered into under subsection 7a7 may be renegotiated or modified at any time during the term of the ,lease or ,exchange ,agreement1 subject to the approval of the ,secretary under section #g7;a71 on the condition that the term of the renegotiated ,lease or ,exchange ,agreement and the term of the original ,lease or ,exchange ,agreement1 in the aggregate1 does not exceed #ajj years4 7d7 ,applicable law ,any person entering into a ,lease or ,exchange ,agreement with an ,arizona ,tribe under this section shall use the water received under the ,lease or ,exchange ,agreement in accordance with applicable ,federal and ,state law4 7e7 ,effect on ,arizona indian water settlements 7#a7 ,in general ,this ,act shall not be construed to amend any ,arizona ,indian ,water ,settlement that prohibits off-,reservation ,lease and ,exchange ,agreements4 ,before entering into a ,lease or ,exchange ,agreement pursuant to the authority set forth in this ,act1 an ,arizona ,tribe with a restriction on its authority to lease or exchange its decreed water rights outside the exterior boundaries of its ,reservation set forth in its ,arizona ,indian ,water ,settlement must first amend the settlement agreement to modify such restrictions in a manner in accordance with its terms4 7#b7 ,authorization1 ratification and confirmation of amendments ,an amendment to an ,arizona ,indian ,water ,settlement to allow a ,lease and ,exchange ,agreement is hereby deemed to be authorized1 ratified1 and confirmed in accordance with its terms without further need for congressional action4 #f4 ,storage agreements 7a7 ,authorization ,notwithstanding section #baaf of the ,revised ,statutes 7commonly known as the ,indian ,trade and ,intercourse ,act2 #be ,u4,s4,c4 #agg7 or any other provision of law1 each ,arizona ,tribe is authorized to1 subject to the approval of the ,secretary under section #g7;a71 and has the sole authority to1 enter into a ,storage ,agreement1 on the condition that the facility shall be located in the ,lower ,basin in the ,state and is not in ,navajo1 ,apache1 or ,cochise counties4 7b7 ,applicable law ,any ,storage ,agreement entered into under this section shall be in accordance with applicable ,federal and ,state law4 7c7 ,delegation of rights ,an ,arizona ,tribe may assign or sell any long-term storage credits accrued as a result of a ,storage ,agreement1 on the condition that the assignment or sale is in accordance with applicable ,state law4 7d7 ,effect on ,arizona indian water settlements 7#a7 ,in general ,this ,act shall not be construed to amend any ,arizona ,indian ,water ,settlement that prohibits off-,reservation ,storage ,agreements4 ,before entering into a ,storage ,agreement pursuant to the authority set forth in this ,act1 an ,arizona ,tribe with a restriction on its authority to store its decreed water rights outside the exterior boundaries of its ,reservation set forth in its ,arizona ,indian ,water ,settlement must first amend the settlement agreement to modify such restrictions in a manner in accordance with its terms4 7#b7 ,authorization1 ratification and confirmation of amendments ,an amendment to an ,arizona ,indian ,water ,settlement ,agreement to allow ,storage ,agreements1 is hereby deemed to be authorized1 ratified and confirmed in accordance with its terms without need for further congressional action4 #g4 ,approval by the ,secretary 7a7 ,authorization ,the ,secretary shall approve or disapprove any-- 7#a7 ,lease or ,exchange ,agreement2 7#b7 modification to a ,lease or ,exchange ,agreement2 7#c7 ,storage ,agreement2 or 7#d7 modification to a ,storage ,agreement4 7b7 ,secretarial ,agreements ,the ,secretary is authorized to enter ,lease or ,exchange ,agreements or ,storage ,agreements with an ,arizona ,tribe1 provided the ,secretary pays the fair market value for the ,arizona ,tribe's reduced consumptive use4 7c7 ,requirements 7#a7 ,in general ,the ,secretary shall not approve any ,lease or ,exchange ,agreement1 or any modification to a ,lease or ,exchange ,agreement1 any ,storage ,agreement1 or any modification to a ,storage ,agreement that is not in compliance with-- 7,a7 this ,act2 and 7,b7 the agreement entered into between the ,arizona ,tribe1 the ,state1 and the ,secretary under section #aj7;a74 7#b7 ,permanent alienation ,the ,secretary shall not approve any ,lease or ,exchange ,agreement1 any modification to a ,lease or ,exchange ,agreement1 or any ,storage ,agreement that permanently alienates any portion of any ,arizona ,tribe decreed water right4 7d7 ,other requirements ,the requirement for ,secretarial approval under subsection 7a7 shall satisfy the requirements of section #baaf of the ,revised ,statutes 7commonly known as the ,indian ,trade and ,intercourse ,act2 #be ,u4,s4,c4 #agg74 7e7 ,authority of the secretary ,nothing in this ,act1 or any agreement entered into or approved by the ,secretary under this ,act1 including any ,lease or ,exchange ,agreement or ,storage ,agreement1 shall diminish or abrogate the authority of the ,secretary to act under applicable ,federal law or regulation4 #h4 ,responsibilities of the ,secretary 7a7 ,compliance ,the ,secretary1 when approving a ,lease or ,exchange ,agreement or a ,storage ,agreement under this ,act1 shall ensure such agreement complies with-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#c7 all other applicable ,federal environmental laws4 7b7 ,documentation ,the ,secretary shall document any ,lease or ,exchange ,agreement or ,storage ,agreement in the ,water ,accounting ,report4 #i4 ,agreement between an ,arizona ,tribe and the ,state 7a7 ,in general ,before entering into the first ,lease or ,exchange ,agreement or ,storage ,agreement1 an ,arizona ,tribe shall enter into an agreement with the ,state that outlines all notice1 information sharing1 and collaboration requirements that shall apply to any potential ,lease or ,exchange ,agreement or ,storage ,agreement into which the ,arizona ,tribe may enter4 7b7 ,requirement ,the agreement under subsection 7a7 shall include a provision that requires the ,arizona ,tribe to submit to the ,state all documents regarding a proposed ,lease or ,exchange ,agreement or ,storage ,agreement4 #aj4 ,agreement between an ,arizona ,tribe1 the ,state1 and the ,secretary 7a7 ,in general ,before approving the first ,lease or ,exchange ,agreement or ,storage ,agreement under section #g1 the ,secretary shall enter into an agreement with the ,state and the ,arizona ,tribe that describes the procedural1 technical1 and accounting methodologies for any ,lease or ,exchange ,agreement or ,storage ,agreement into which the ,arizona ,tribe may enter1 including quantification of the reduction in ,consumptive ,use and water accounting4 7b7 ,,nepa ,the execution of the agreement under subsection 7a7 shall not constitute a major ,federal action for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,effect ,nothing in this ,act shall prohibit the ,secretary from agreeing with the ,arizona ,tribe and the ,state to a modification to an agreement entered into under subsection 7a7 7including an appendix or exhibit to the agreement7 on the condition that the modification-- 7#a7 is in compliance with this ,act2 and 7#b7 does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7commonly known as the ,indian ,trade and ,intercourse ,act7 7#be ,u4,s4,c4 #agg7 or any other provision of law4 #aa4 ,no effect on ,arizona ,tribe decreed water rights 7a7 ,temporary use ,a ,lease or ,exchange ,agreement or ,storage ,agreement-- 7#a7 shall provide for the temporary use or storage of a portion of the ,consumptive ,use off of the ,arizona ,tribe's ,reservation2 and 7#b7 shall not permanently alienate the decreed water right4 7b7 ,priority status 7#a7 ,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 relevant decree4 7#b7 ,non-use ,any non-use by a person who is a party to any ,lease or ,exchange ,agreement or ,storage ,agreement with the ,arizona ,tribe shall not result in forfeiture1 abandonment1 relinquishment1 or other loss by the ,arizona ,tribe of all or any portion of the decreed water right4 7c7 ,reservation of rights ,the lease1 exchange1 or storage of a portion of the ,consumptive ,use shall not reduce or limit the right of the ,arizona ,tribe to use the remaining portion of the decreed water right on its ,reservation4 7d7 ,storage agreements ,any ,storage ,agreement shall account for the quantity of water in storage off of an ,arizona ,tribe's ,reservation in accordance with applicable ,state law4 #ab4 ,allottee use of water 7a7 ,interference ,the lease1 exchange1 or storage of a portion of the ,consumptive ,use shall not directly or indirectly interfere with1 or diminish1 any entitlement to water for an allottee under ,federal or ,tribal law4 7b7 ,water rights of allottees ,the ,secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes1 pursuant to section #g of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #cij1 chapter #aai2 #be ,u4,s4,c4 #cha7 7referred to in this section as the ,act74 7c7 ,relief under ,tribal law ,prior to asserting any claim against the ,united ,states pursuant to the ,act1 or any other applicable law1 an allottee shall exhaust all remedies available under applicable ,tribal law4 7d7 ,relief under the indian general allotment act ,following an exhaustion of remedies available under applicable ,tribal law1 an allottee may seek relief under the ,act1 or any other applicable law4 7e7 ,relief from the secretary ,following exhaustion of remedies available under the ,act1 or any other applicable law1 an allottee may petition the ,secretary for relief4 #ac4 ,consideration paid to ,arizona ,tribes ,an ,arizona ,tribe1 and not the ,united ,states in any capacity1 shall be entitled to all consideration due to an ,arizona ,tribe under any ,lease or ,exchange ,agreement or ,storage ,agreement4 #ad4 ,liability of the ,united ,states 7a7 ,limitation of liability ,the ,united ,states shall not be liable to an ,arizona ,tribe or to any party to a ,lease or ,exchange ,agreement or ,storage ,agreement in any claim relating to the negotiation1 execution1 or approval of any ,lease or ,exchange ,agreement or ,storage ,agreement1 including any claim relating to the terms included in such an agreement1 except for claims related to section #h7;a74 7b7 ,obligations ,the ,united ,states shall have no trust obligation or other obligation to monitor1 administer1 or account for-- 7#a7 any funds received by an ,arizona ,tribe as consideration under any ,lease or ,exchange ,agreement or ,storage ,agreement2 or 7#b7 the expenditure of such funds4 #ae4 ,application 7a7 ,in general ,this ,act shall apply only to the portion of the decreed water right that is available for use in the ,state4 7b7 ,requirement ,the portion of the decreed water right described in subsection 7a7 shall not be used1 directly or indirectly1 outside the ,lower ,basin in the ,state or in ,navajo1 ,apache1 or ,cochise ,counties1 unless such use is otherwise authorized pursuant to a congressionally approved ,indian water rights settlement4 7c7 ,no effect on ,navajo-,utah water rights settlement ,this ,act shall not affect any provisions in the ,navajo-,utah ,water ,rights ,settlement ,act1 ,consolidated ,appropriations ,act1 section #aajb 7,public ,law #aaf-bfj1 ,december #bg1 #bjbj71 that authorize the ,navajo ,nation to allocate1 distribute1 and lease the ,navajo water rights for any use on the ,reservation in accordance with the ,navajo-,utah settlement agreement1 and applicable ,tribal and ,federal law or allocate1 distribute1 and lease the ,navajo water rights for off-,reservation use in accordance with the ,navajo-,utah settlement agreement1 subject to the approval of the ,secretary4 #af4 ,rule of construction 7a7 ,in general ,nothing in this ,act establishes1 or shall be considered to establish1 a precedent in any litigation involving1 or alters1 affects1 or quantifies1 any water right with respect to-- 7#a7 the ,united ,states2 7#b7 any other ,indian ,tribe1 band1 or community2 7#c7 any ,state or political subdivision or district of a ,state2 or 7#d7 any person4 7b7 ,effect ,nothing in this ,act exempts the implementation of a ,lease or ,exchange ,agreement1 or a ,storage ,agreement and the operation of applicable ,colorado ,river ,system reservoirs from any requirements of applicable ,federal environmental laws4