Summary
# Tule River Tribe Reserved Water Rights Settlement Act of 2023
## WHAT THIS BILL DOES
This bill approves a settlement agreement that gives the Tule River Indian Tribe official rights to use water from the South Fork Tule River in California. The bill authorizes spending money to help the tribe build water projects and establishes a trust fund to manage those resources. It also transfers certain lands to the tribe to be held in trust.
## WHO IT AFFECTS
The Tule River Indian Tribe and the federal government (as trustee for the tribe) are the primary parties. The bill also affects the South Tule Independent Ditch Company and the Tule River Association, which hold other water rights in the area. State of California residents who use water from the South Fork Tule River may be indirectly affected.
## KEY PROVISIONS
* The Tule River Tribe gets the right to divert and use up to 5,828 acre-feet per year of water from the South Fork Tule River (Sec. 5(a)(2))
* The Secretary of the Interior must establish a trust fund with $518 million for water development projects and $50 million for operation and maintenance costs (Sec. 7(a))
* Specific lands totaling thousands of acres will be transferred to the tribe to be held in trust, including federal lands and tribally owned property (Sec. 8(a))
* The tribe waives all past water rights claims against the United States and other water users, and the United States waives certain claims against the tribe, in exchange for these benefits (Sec. 10(a))
* A federal court must approve the settlement agreement and may establish rules for how water flows are managed if the parties cannot agree (Sec. 12(b))
## WHAT CHANGES
If this bill becomes law, the Tule River Tribe will have a federally recognized and protected water right that cannot be lost through non-use. The tribe will receive funding to build water infrastructure and maintain it long-term. Large areas of federal forest land and private land will become tribal trust property. The tribe gives up the right to sue for past damages related to water but keeps the right to enforce its new water right going forward. A federal court will have power to settle any future disputes about how water is shared among the tribe and other users.
## IMPORTANT DEFINITIONS
* **Tribal Water Right:** The right to divert up to 5,828 acre-feet per year of surface water from the South Fork Tule River held in trust by the United States for the tribe's benefit (Sec. 3(a)(13))
* **2007 Agreement:** The settlement agreement dated November 21, 2007 (as amended April 22, 2009) between the tribe, the South Tule Independent Ditch Company, and the Tule River Association (Sec. 3(a)(1))
* **Divert/Diversion:** To remove water from its natural location using a ditch, canal, pipeline, well, pump, or similar structure (Sec. 3(a)(3))
* **Operation Rules:** Rules for operating the Phase I Reservoir established under the settlement agreement (Sec. 3(a)(7))
* **OM&R:** Operation, maintenance, and replacement activities related to day-to-day operation and upkeep of water projects (Sec. 3(a)(6))
* **Enforceability Date:** The date when the Secretary publishes findings that all conditions for the settlement have been met (Sec. 11)
## EFFECTIVE DATE
The settlement becomes effective on the "Enforceability Date," which occurs when the Secretary of the Interior publishes a statement in the Federal Register confirming that: the settlement agreement has been executed by all parties, a final court judgment has approved it with no pending appeals, all funding has been appropriated and deposited, and waivers of claims have been signed (Sec. 11). The Secretary must publish this statement by not later than 8 years from the date this bill becomes law, or the entire settlement expires (Sec. 10(f)).
II
Calendar No. 236
118TH CONGRESS
1ST SESSION
S. 306
[Report No. 118–110]
To approve the settlement of the water right claims of the Tule River
Tribe, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. PADILLA (for himself and Mrs. FEINSTEIN) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
NOVEMBER 6, 2023
Reported by Mr. SCHATZ, without amendment
A BILL
To approve the settlement of the water right claims of the
Tule River Tribe, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Tule River Tribe Reserved Water Rights Settlement Act
5
of 2023’’.
6
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(b) TABLE OF CONTENTS.—The table of contents of
1
this Act is as follows:
2
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of 2007 Agreement.
Sec. 5. Tribal Water Right.
Sec. 6. Tule River Tribe trust accounts.
Sec. 7. Funding.
Sec. 8. Transfer of land into trust.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Enforceability Date.
Sec. 12. Binding effect; judicial approval; enforceability.
Sec. 13. Miscellaneous provisions.
Sec. 14. Antideficiency.
SEC. 2. PURPOSES.
3
The purposes of this Act are—
4
(1) to achieve a fair, equitable, and final settle-
5
ment of claims to water rights in the State of Cali-
6
fornia for—
7
(A) the Tule River Tribe; and
8
(B) the United States, acting as trustee
9
for the Tribe;
10
(2) to authorize, ratify, and confirm the 2007
11
Agreement entered by the Tribe, the South Tule
12
Independent Ditch Company, and the Tule River As-
13
sociation, to the extent that the 2007 Agreement is
14
consistent with this Act;
15
(3) to authorize and direct the Secretary—
16
(A) to execute the 2007 Agreement, with
17
amendments to facilitate implementation and
18
approval of the 2007 Agreement; and
19
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(B) to take any other actions necessary to
1
carry out the 2007 Agreement in accordance
2
with this Act;
3
(4) to authorize funds necessary for the imple-
4
mentation of the 2007 Agreement and this Act; and
5
(5) to authorize the transfer of certain lands to
6
the Tribe, to be held in trust.
7
SEC. 3. DEFINITIONS.
8
(a) IN GENERAL.—In this Act:
9
(1) 2007
AGREEMENT.—The term ‘‘2007
10
Agreement’’ means—
11
(A) the agreement dated November 21,
12
2007, as amended on April 22, 2009, between
13
the Tribe, the South Tule Independent Ditch
14
Company, and the Tule River Association, and
15
exhibits attached thereto; and
16
(B) any amendment to the Agreement re-
17
ferred to in subparagraph (A) (including an
18
amendment to any exhibit) that is executed in
19
accordance with section 4(a)(2).
20
(2) COURT.—The term ‘‘Court’’ means the
21
United States District Court for the Eastern Dis-
22
trict of California, unless otherwise specified herein.
23
(3) DIVERT; DIVERSION.—The terms ‘‘divert’’
24
and ‘‘diversion’’ mean to remove water from its nat-
25
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ural course or location by means of a ditch, canal,
1
flume, bypass, pipeline, conduit, well, pump, or other
2
structure or device, or act of a person.
3
(4) DOWNSTREAM
WATER
USERS.—The term
4
‘‘Downstream Water Users’’ means—
5
(A) the Tule River Association and its suc-
6
cessors and assigns;
7
(B) the South Tule Independent Ditch
8
Company and its successors and assigns; and
9
(C) any and all other holders of water
10
rights in the South Fork Tule River Basin.
11
(5) ENFORCEABILITY DATE.—The term ‘‘En-
12
forceability Date’’ means the date described in sec-
13
tion 11.
14
(6) OM&R.—
15
(A) IN
GENERAL.—The term ‘‘OM&R’’
16
means operation, maintenance, and replace-
17
ment.
18
(B) INCLUSIONS.—The term ‘‘OM&R’’ in-
19
cludes—
20
(i) any recurring or ongoing activity
21
relating to the day-to-day operation of a
22
project;
23
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(ii) any activity relating to scheduled
1
or unscheduled maintenance of a project;
2
and
3
(iii) any activity relating to repairing
4
or replacing a feature of a project.
5
(7) OPERATION RULES.—The term ‘‘Operation
6
Rules’’ means the rules of operation for the Phase
7
I Reservoir, as established in accordance with the
8
2007 Agreement and this Act.
9
(8) PARTIES.—The term ‘‘Parties’’ means the
10
signatories to the 2007 Agreement, including the
11
Secretary.
12
(9) PHASE I RESERVOIR.—The term ‘‘Phase I
13
Reservoir’’ means the reservoir described in either
14
section 3.4.B.(1) or section 3.4.B.(2) of the 2007
15
Agreement.
16
(10) RESERVATION; TULE
RIVER
RESERVA-
17
TION.—The terms ‘‘Reservation’’ and ‘‘Tule River
18
Reservation’’ mean the reservation of lands set aside
19
for the Tribe by the Executive Orders of January 9,
20
1873, October 3, 1873, and August 3, 1878, includ-
21
ing lands added to the Reservation pursuant to sec-
22
tion 8.
23
(11)
SECRETARY.—The
term
‘‘Secretary’’
24
means the Secretary of the Interior.
25
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(12) SOUTH TULE INDEPENDENT DITCH COM-
1
PANY.—The term ‘‘South Tule Independent Ditch
2
Company’’ means the nonprofit mutual water com-
3
pany incorporated in 1895 that has claims to owner-
4
ship of water rights dating back to 1854, which pro-
5
vides water diverted from the South Fork of the
6
Tule River to its shareholders on lands downstream
7
from the Tule River Reservation.
8
(13) TRIBAL WATER RIGHT.—The term ‘‘Tribal
9
Water Right’’ means the water rights ratified, con-
10
firmed, and declared to be valid for the benefit of
11
the Tribe as set forth and described in the 2007
12
Agreement and this Act.
13
(14) TRIBE.—The term ‘‘Tribe’’ means the
14
Tule River Indian Tribe of the Tule River Reserva-
15
tion, California, a federally recognized Indian Tribe.
16
(15) TRUST FUND.—The term ‘‘Trust Fund’’
17
means the Tule River Indian Tribe Settlement Trust
18
Fund established under section 6(a).
19
(16) TULE RIVER ASSOCIATION.—
20
(A) IN GENERAL.—The term ‘‘Tule River
21
Association’’ means the association formed by
22
agreement in 1965, the members of which are
23
representatives of all pre-1914 appropriative
24
and certain riparian water right holders of the
25
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Tule River at and below the Richard L. Schafer
1
Dam and Reservoir.
2
(B) INCLUSIONS.—The term ‘‘Tule River
3
Association’’ includes the Pioneer Water Com-
4
pany, the Vandalia Irrigation District, the
5
Porterville Irrigation District, and the Lower
6
Tule River Irrigation District.
7
(17) WATER
DEVELOPMENT
PROJECT.—The
8
term ‘‘Water Development Project’’ means a project
9
for domestic, commercial, municipal, and industrial
10
water supply, including but not limited to water
11
treatment, storage, and distribution infrastructure,
12
to be constructed, in whole or in part, using monies
13
from the Trust Fund.
14
(b) DEFINITIONS
OF OTHER TERMS.—Any other
15
term used in this Act but not defined in subsection (a)—
16
(1) has the meaning given the term in the 2007
17
Agreement; or
18
(2) if no definition for the term is provided in
19
the 2007 Agreement, shall be used in a manner con-
20
sistent with its use in the 2007 Agreement.
21
SEC. 4. RATIFICATION OF 2007 AGREEMENT.
22
(a) RATIFICATION.—
23
(1) IN GENERAL.—Except as modified by this
24
Act and to the extent that the 2007 Agreement does
25
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not conflict with this Act, the 2007 Agreement is au-
1
thorized, ratified, and confirmed.
2
(2) AMENDMENTS.—
3
(A)
GENERAL
AMENDMENTS.—If
an
4
amendment to the 2007 Agreement, or to any
5
exhibit attached to the 2007 Agreement requir-
6
ing the signature of the Secretary, is executed
7
in accordance with this Act to make the 2007
8
Agreement consistent with this Act, the amend-
9
ment is authorized, ratified, and confirmed.
10
(B) SPECIFIC AMENDMENTS.—
11
(i) SUBSTITUTE
SITES.—If a sub-
12
stitute site for the Phase I Reservoir is
13
identified by the Tribe pursuant to section
14
3.4.B.(2)(a) of the 2007 Agreement, then
15
amendments related to the Operation
16
Rules are authorized, ratified, and con-
17
firmed, to the extent that such Amend-
18
ments are consistent with the 2007 Agree-
19
ment and this Act.
20
(ii) PRIORITY
DATE.—Amendments
21
agreed to by the Parties to establish that
22
the priority date for the Tribal Water
23
Right is no later than January 9, 1873, is
24
authorized, ratified, and confirmed.
25
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(iii)
SENIOR
WATER
RIGHTS.—
1
Amendments agreed to by the Parties to
2
accommodate senior water rights of those
3
Downstream Water Users described in sec-
4
tion 3(a)(4)(C) are authorized, ratified,
5
and confirmed, to the extent that the
6
Court finds any such Downstream Water
7
Users possess senior water rights that can
8
be accommodated only by amendment of
9
the 2007 Agreement.
10
(iv)
OTHER
AMENDMENTS.—Other
11
amendments agreed to by the Parties to
12
facilitate implementation and approval of
13
the 2007 Agreement are authorized, rati-
14
fied, and confirmed, to the extent that
15
such amendments are otherwise consistent
16
with this Act and with other applicable
17
law.
18
(b) EXECUTION.—
19
(1) IN
GENERAL.—To the extent the 2007
20
Agreement does not conflict with this Act, the Sec-
21
retary shall execute the 2007 Agreement, in accord-
22
ance with paragraph (2), including all exhibits to, or
23
parts of, the 2007 Agreement requiring the signa-
24
ture of the Secretary.
25
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(2) TIMING.—The Secretary shall not execute
1
the 2007 Agreement until—
2
(A) the Parties agree on amendments re-
3
lated to the priority date for the Tribal Water
4
Right; and
5
(B) either—
6
(i) the Tribe moves forward with the
7
Phase I Reservoir described in section
8
3.4.B.(1) of the 2007 Agreement; or
9
(ii) if the Tribe selects a substitute
10
site pursuant to section 3.4.B.(2) of the
11
2007 Agreement, either—
12
(I) the Parties agree on Oper-
13
ation Rules; or
14
(II) the Secretary determines, in
15
the discretion of the Secretary, that
16
the Parties have reached an impasse
17
in attempting to negotiate the Oper-
18
ation Rules.
19
(3) MODIFICATIONS.—Nothing in this Act pro-
20
hibits the Secretary, after execution of the 2007
21
Agreement, from approving any modification to the
22
2007 Agreement, including any exhibit to the 2007
23
Agreement, that is consistent with this Act, to the
24
extent that the modification does not otherwise re-
25
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quire congressional approval under section 2116 of
1
the Revised Statutes (25 U.S.C. 177) or any other
2
applicable provision of Federal law.
3
(c) ENVIRONMENTAL COMPLIANCE.—
4
(1) IN GENERAL.—In implementing the 2007
5
Agreement and this Act, the Secretary shall comply
6
with all applicable provisions of—
7
(A) the Endangered Species Act of 1973
8
(16 U.S.C. 1531 et seq.);
9
(B) the National Environmental Policy Act
10
of 1969 (42 U.S.C. 4321 et seq.), including the
11
implementing regulations of that Act; and
12
(C) other applicable Federal environmental
13
laws and regulations.
14
(2) COMPLIANCE.—
15
(A) IN
GENERAL.—In implementing the
16
2007 Agreement and this Act, the Tribe shall
17
prepare any necessary environmental docu-
18
ments, consistent with all applicable provisions
19
of—
20
(i) the Endangered Species Act of
21
1973 (16 U.S.C. 1531 et seq.);
22
(ii) the National Environmental Policy
23
Act of 1969 (42 U.S.C. 4231 et seq.), in-
24
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cluding the implementing regulations of
1
that Act; and
2
(iii) all other applicable Federal envi-
3
ronmental laws and regulations.
4
(B)
AUTHORIZATIONS.—The
Secretary
5
shall—
6
(i) independently evaluate the docu-
7
mentation submitted under subparagraph
8
(A); and
9
(ii) be responsible for the accuracy,
10
scope, and contents of that documentation.
11
(3) EFFECT OF EXECUTION.—The execution of
12
the 2007 Agreement by the Secretary under this sec-
13
tion shall not constitute a major Federal action for
14
purposes of the National Environmental Policy Act
15
of 1969 (42 U.S.C. 4321 et seq.).
16
(4) COSTS.—Any costs associated with the per-
17
formance of the compliance activities under this sub-
18
section shall be paid from funds deposited in the
19
Trust Fund, subject to the condition that any costs
20
associated with the performance of Federal approval
21
or other review of such compliance work or costs as-
22
sociated with inherently Federal functions shall re-
23
main the responsibility of the Secretary.
24
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SEC. 5. TRIBAL WATER RIGHT.
1
(a) CONFIRMATION OF TRIBAL WATER RIGHT.—
2
(1) IN GENERAL.—The Tribal Water Right is
3
ratified, confirmed, and declared valid.
4
(2) QUANTIFICATION.—The Tribal Water Right
5
includes the right to divert and use or permit the di-
6
version and use of up to 5,828 acre-feet per year of
7
surface water from the South Fork Tule River, as
8
described in the 2007 Agreement and as confirmed
9
in the decree entered by the Court pursuant to sub-
10
sections (b) and (c) of section 12
[Text truncated for display. Full text available on Congress.gov.]