39–010 

Calendar No. 476 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–220 

TO RATIFY A WATER SETTLEMENT AGREEMENT AFFECTING THE PYRAMID LAKE PAIUTE TRIBE, AND FOR 

OTHER PURPOSES 

JULY 28, 2014.—Ordered to be printed 

Mr. TESTER, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1818] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 1818) to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes, having considered 

the same, reports favorably thereon, without amendment, and recommends that the bill do pass. 

PURPOSE

The purpose of S. 1818 is to ratify a water settlement agreement 

affecting the Pyramid Lake Paiute Tribe. 

BACKGROUND

The United States has distinct legal obligations to provide for the 

general welfare of and protect the trust assets of American Indian 

tribes, including water resources. 

The Pyramid Lake Paiute Tribe (Tribe) resides on the Pyramid 

Lake Indian Reservation, which is located 35 miles northeast of 

Reno, Nevada, in a remote desert area in Washoe, Lyon, and 

Storey Counties. The reservation contains 475,000 acres, or 742.2 

square miles. The Pyramid Lake, a terminal desert lake, covers approximately 112,000 acres of this reservation. Pyramid Lake is one 

of the most valuable assets of the Tribe and is entirely enclosed 

within the boundaries of the reservation. This lake is approximately 15 miles long and 11 miles wide and measures 350 feet at 

its deepest point. Much of the history, tradition and economy of the 


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Tribe is centered around fishing and recreational activities on the 

Pyramid Lake. 

Near the Nevada and California border, a dispute arose between 

the Tribe and Fish Springs Ranch (Fish Springs) over water rights 

and alleged injuries to tribal water rights in connection with the 

pumping and transport by Fish Springs of groundwater from the 

Honey Lake Valley Basin to the suburban Stead/Lemmon Valley 

area north of Reno, Nevada. 

In 2005, the Bureau of Land Management (BLM) issued a Final 

Environmental Impact Statement analyzing the impacts of water 

pipeline projects crossing public lands to provide groundwater from 

the Honey Lake Valley of Nevada to the Reno-Stead area. A Record 

of Decision and a water pipeline right-of-way across public lands 

for Fish Springs was issued in 2006. The Tribe opposed the BLM 

action by appealing the decision of the BLM to the Interior Board 

of Land Appeals and by suing in federal court. Fish Springs and 

the Tribe reached a settlement in 2007 that, among other things, 

resulted in dismissal of the appeal and resolution of the suit pending approval of Congressional legislation to approve the settlement. 

S. 1818 authorizes, ratifies and confirms this 2007 settlement 

agreement and the supplement to the agreement between the Tribe 

and Fish Springs. The part of the settlement still pending and requiring federal legislation provides that the Tribe would subordinate its water rights and any groundwater rights it could establish 

in the future to Fish Springs’ pumping of up to 14,108 acre-feet of 

groundwater. The Tribe would waive potential claims against Fish 

Springs for damages related to impacts or injuries to existing as 

well as claimed tribal water rights. In return, the Tribe would receive $3.6 million, plus interest, from January 8, 2007, from Fish 

Springs. 

Through enactment of the proposed legislation, the United States 

would extinguish any claims it may have against Fish Springs on 

behalf of the Tribe to the same extent that the Tribe waives its 

claims against Fish Springs. In addition to the Tribe’s waiver of 

claims against Fish Springs, the Tribe is also waiving claims 

against the United States relating to trust responsibilities for the 

claims waived by the Tribe and the BLM’s 2006 decision. The Tribe 

would also dismiss pending litigation against the BLM for violations of NEPA and trust responsibilities related to the Fish Springs 

groundwater project. No authorization of appropriations of federal 

funds is sought under the Agreement or S. 1818. 

The Committee on Indian Affairs held a hearing on the bill on 

May 7, 2014, where the Tribe testified in support of the bill. The 

Department of the Interior did not participate in the negotiation of 

the settlement, but testified that it did not object to the bill. 

NEED FOR LEGISLATION

The settlement agreement between the Tribe and Fish Springs 

contains waivers and release of claims by the Tribe against Fish 

Springs and the United States that must be ratified by Congress, 

as they involve trust assets held by the United States for the benefit of the Tribe. The legislation also contains waivers and releases 

of claims by the United States on behalf of the Tribe. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short Title; Table of Contents 

The Act may be cited as the ‘‘Pyramid Lake Paiute Tribe—Fish 

Springs Ranch Settlement Act.’’ 

Section 2. Definitions 

Section 2 defines the key terms used throughout this act. 

Section 3. Ratification of Agreement 

Section 3 provides that except to the extent that a provision of 

the Agreement conflicts with this Act, the Agreement is authorized 

and ratified. 

Section 4. Waiver and release of claims 

Section 4 provides a waiver and release of certain claims by the 

Tribe against Fish Springs; a reservation of rights and retention of 

certain claims by the Tribe against Fish Springs; a waiver and release of certain claims by the Tribe against the United States; and 

a reservation of rights and retention of certain claims by the Tribe 

against the United States. 

Section 5. Satisfaction of claims 

Section 5 provides that the benefits provided to the Tribe under 

the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and 

released pursuant to section 4 and pursuant to the Original Agreement and any claims the United States might make on behalf of 

the Tribe that are extinguished pursuant to section 4. It also provides that if the Tribe fails to execute the waivers and releases as 

authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and 

void. 

Section 6. Beneficiaries to agreement 

Section 6 states the parties to the Agreement shall be limited to: 

(1) the parties to the Agreement; (2) any municipal water purveyor 

that provides Project water for wholesale or retail water service to 

the area serviced by the Project; (3) any water purveyor that obtains the right to use Project water for purposes other than serving 

retail or wholesale customers; and (4) any assignee of Water Rights 

Credits for Project water pursuant to the terms of the February 28, 

2006, Water Banking Trust Agreement between Washoe County 

and Fish Springs. 

Section 7. Jurisdiction 

Section 7 provides that jurisdiction over any civil action relating 

to the enforcement of the Agreement, the Original Agreement, or 

this Act shall be vested in the United States District Court for the 

District of Nevada. 

Section 8. Environmental compliance 

Section 8 provides that nothing in this Act precludes the United 

States or the Tribe, when delegated regulatory authority, from enforcing Federal environmental laws, including: (1) the ComprehenVerDate Mar 15 2010 20:45 Jul 29, 2014 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR220.XXX SR220

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sive Environmental Response, Compensation, and Liability Act of 

1980 including claims for damages for harm to natural resources; 

(2) the Safe Drinking Water Act; (3) the Federal Water Pollution 

Control Act; (4) the Solid Waste Disposal Act; and (5) any regulation implementing one or more of the Acts listed in paragraphs (1) 

through (4). 

Section 9. Miscellaneous provisions 

Section 9 provides that nothing in this Act establishes a standard 

for the quantification of a Federal reserved water right or any 

other claim of an Indian tribe other than the Tribe in any other 

judicial or administrative proceeding. Nothing in the Agreement, 

the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or 

any other right of any Indian tribe, band, or community other than 

the Tribe. 

LEGISLATIVE HISTORY

S. 1818 was introduced on December 12, 2013, by Senators Harry 

Reid (D–NV) and Dean Heller (R–NV). The bill was referred to the 

Committee on Indian Affairs. On May 7, 2014, the Committee held 

a hearing on the bill. On May 21, 2014, the Committee met to consider the bill. No amendments were offered, and the bill was ordered to be reported favorably to the full Senate. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated July 9, 2014, was prepared for S. 1818: 

Enclosure. 

S. 1818—Pyramid Lake Paiute Tribe—Fish Springs Ranch Settlement Act 

S. 1818 would ratify a settlement agreement between the Fish 

Springs Ranch LLC and the Pyramid Lake Paiute Tribe in the 

state of Nevada. The bill would authorize the tribe to grant waivers 

to Fish Springs pursuant to the settlement agreement. S. 1818 also 

would waive any claims against the federal government related to 

the settlement agreement. 

CBO estimates that implementing the legislation would have no 

effect on the federal budget. The federal government is not a party 

to the settlement agreement between Fish Springs and the tribe, 

and implementing the legislation would not increase operating 

costs for the Department of the Interior. Enacting S. 1818 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1818 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires each report accompanying a bill to evaluate the reguVerDate Mar 15 2010 20:45 Jul 29, 2014 Jkt 039010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR220.XXX SR220

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latory and paperwork impact that would be incurred in carrying 

out the bill. The Committee believes that S. 1818 will have a minimal impact on regulatory or paperwork requirements. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 1818. 

CHANGES IN EXISTING LAW

In accordance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that the enactment of S. 

1818 will not make any changes in existing law. 

Æ 


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