,,ii #aagth ,,congress #ast ,session ,s4 #ccjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #b1 #bjba,mr4 ,kelly 7for himself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,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 ,tribes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,colorado ,river ,indian ,tribes ,water ,resiliency ,act of #bjba4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to authorize the ,,crit to enter into lease or exchange agreements and storage agreements for the economic well-being of the ,,crit2 and 7#b7 to authorize the ,secretary to approve any lease or exchange agreements or storage agreements entered into by the ,,crit4 #c4 ,definitions ,in this ,act3 7#a7 ,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 the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#b7 ,consolidated decree ,the term ,consolidated ,decree means the decree entered by the ,supreme ,court of the ,united ,states in ,arizona v4 ,california1 #edg ,u4,s4 #aej 7#bjjf74 7#c7 ,consumptive use ,the term consumptive use means a portion of the decreed allocation that has been consumptively used by the ,,crit within the exterior boundary of the ,reservation for a minimum of #d of the #e years immediately preceding the year of delivery of a portion of the decreed allocation according to a lease or exchange agreement or storage agreement4 ,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#d7 ,,crit ,the term ,,crit means the ,colorado ,river ,indian ,tribes1 a federally recognized ,indian ,tribe4 7#e7 ,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 ,decree4 7#f7 ,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#g7 ,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#h7 ,reservation ,the term ,reservation means the portion of the reservation established for the ,,crit that is located in the ,state4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,state ,except for purposes of section #ae1 the term ,state means the ,state of ,arizona4 7#aa7 ,storage ,the term storage means the underground storage1 in accordance with ,state law1 of a portion of the consumptive use off the ,reservation within the ,lower ,basin in the ,state4 7#ab7 ,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 ,nevada which includes the compilation of records in accordance with article ,v of the ,consolidated ,decree4 #d4 ,lease or exchange agreements 7a7 ,authorization ,notwithstanding section #baaf of the ,revised ,statutes 7commonly known as the 8,indian ,trade and ,intercourse ,act07 7#be ,u4,s4,c4 #agg7 or any other provision of law1 the ,,crit is authorized to1 subject to the approval of the ,secretary under section #f7;a71 and has the sole authority to1 enter into1 with any person1 an agreement to lease or exchange1 or an option to lease or exchange1 a portion of the consumptive use for a use off the ,reservation 7referred to in this ,act as a lease or exchange agreement71 on the condition that the use off the ,reservation is located in the ,lower ,basin in the ,state4 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 #f7;a71 on the condition that the term of the renegotiated lease or exchange agreement does not exceed #ajj years4 7d7 ,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 law4 #e4 ,storage agreements 7a7 ,authorization ,notwithstanding 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 law1 the ,,crit is authorized to1 subject to the approval of the ,secretary under section #f7;a71 and has the sole authority to1 enter into 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 exchange agreement under section #d1 at #a or more underground storage facilities or groundwater savings facilities off the ,reservation 7referred to in this ,act as a storage agreement71 on the condition that the facility shall be located in the ,lower ,basin in the ,state4 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 ,the ,,crit may assign or sell any longterm 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 #f4 ,approval by the ,secretary 7a7 ,authorization ,the ,secretary shall approve or disapprove any lease or exchange agreement1 or any modification to a lease or exchange agreement1 or any storage agreement4 7b7 ,requirements 7#a7 ,in general ,the ,secretary shall not approve any lease or exchange agreement1 or any modification to a lease or exchange agreement1 or any storage agreement that is not in compliance with-- 7,a7 this ,act2 and 7,b7 the agreement entered into between the ,,crit1 the ,state1 and the ,secretary under section #i7;a74 7#b7 ,permanent alienation ,the ,secretary shall not approve any lease or exchange agreement1 or any modification to a lease or exchange agreement1 or any storage agreement that permanently alienates any portion of the ,,crit decreed allocation4 7c7 ,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 8,indian ,trade and ,intercourse ,act07 7#be ,u4,s4,c4 #agg74 7d7 ,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 regulation1 including the ,consolidated ,decree4 #g4 ,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 #h4 ,agreement between the ,,crit and the ,state 7a7 ,in general ,prior to entering into the first lease or exchange agreement or storage agreement1 the ,,crit 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 the ,,crit may enter into4 7b7 ,requirement ,the agreement under subsection 7a7 shall include a provision that requires the ,,crit to submit to the ,state all documents regarding a potential lease or exchange agreement or storage agreement4 #i4 ,agreement between the ,,crit1 the ,state1 and the ,secretary 7a7 ,in general ,prior to approving the first lease or exchange agreement or storage agreement under section #f1 the ,secretary shall enter into an agreement with the ,state and the ,,crit that describes the procedural1 technical1 and accounting methodologies for any lease or exchange agreement or storage agreement the ,,crit may enter into1 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 ,,crit 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 8,indian ,trade and ,intercourse ,act07 7#be ,u4,s4,c4 #agg7 or any other provision of law4 #aj4 ,no effect on the ,,crit decreed allocation 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 the ,reservation2 and 7#b7 shall not permanently alienate the decreed allocation4 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 ,consolidated ,decree4 7#b7 ,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 forfeiture1 abandonment1 relinquishment1 or other loss by the ,,crit of all or any portion of the decreed allocation4 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 ,,crit to use the remaining portion of the decreed allocation on the ,reservation4 7d7 ,storage agreements ,any storage agreement shall account for the quantity of water in storage off the ,reservation in accordance with applicable ,state law4 #aa4 ,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 #ab4 ,consideration paid to the ,,crit ,the ,,crit1 and not the ,united ,states in any capacity1 shall be entitled to all consideration due to the ,,crit under any lease or exchange agreement or storage agreement4 #ac4 ,liability of the ,united ,states 7a7 ,limitation of liability ,the ,united ,states shall not be liable in any claim relating to the negotiation1 execution1 or approval of any lease or exchange agreement or storage agreement1 including any claims relating to the terms included in such an agreement4 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 the ,,crit as consideration under any lease or exchange agreement or storage agreement2 or 7#b7 the expenditure of such funds4 #ad4 ,application 7a7 ,in general ,this ,act shall apply only to the portion of the decreed allocation that is available for use in the ,state4 7b7 ,requirement ,the portion of the decreed allocation described in subsection 7a7 shall not be used1 directly or indirectly1 outside the ,lower ,basin in the ,state4 #ae4 ,rule of construction ,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