II 

Calendar No. 522 

112TH CONGRESS 

2D SESSION S. 134 

[Report No. 112–218] 

To authorize the Mescalero Apache Tribe to lease adjudicated water rights. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

SEPTEMBER 19, 2012 

Reported by Mr. AKAKA, without amendment 

A BILL 

To authorize the Mescalero Apache Tribe to lease adjudicated 

water rights. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mescalero Apache 

5 Tribe Leasing Authorization Act’’. 


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•S 134 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADJUDICATED WATER RIGHTS.—The term 

4 ‘‘adjudicated water rights’’ means water rights that 

5 were adjudicated to the Tribe in State v. Lewis, 116 

6 N.M. 194, 861 P. 2d 235 (1993). 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (3) STATE.—The term ‘‘State’’ means the State 

10 of New Mexico. 

11 (4) TRIBE.—The term ‘‘Tribe’’ means the Mes12 calero Apache Tribe. 

13 SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER 

14 RIGHTS. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, subject to subsections (b) and (c), the Tribe 

17 may lease, enter into a contract with respect to, or other18 wise transfer to another party, for another purpose, or to 

19 another place of use in the State, all or any portion of 

20 the adjudicated water rights. 

21 (b) STATE LAW.—In carrying out any action under 

22 subsection (a), the Tribe shall comply with all laws (in23 cluding regulations) of the State with respect to the leas24 ing or transfer of water rights. 

25 (c) ALIENATION; MAXIMUM TERM.— 


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•S 134 RS

1 (1) ALIENATION.—The Tribe shall not perma2 nently alienate any adjudicated water rights. 

3 (2) MAXIMUM TERM.—The term of any water 

4 use lease, contract, or other agreement under this 

5 section (including a renewal of such an agreement) 

6 shall be not more than 99 years. 

7 (d) LIABILITY.—The Secretary shall not be liable to 

8 the Tribe or any other person for any loss or other det9 riment resulting from a lease, contract, or other arrange10 ment entered into pursuant to this section. 

11 (e) PURCHASES OR GRANTS OF LAND FROM INDI12 ANS.—The authorization provided by this Act for the leas13 ing, contracting, and transfer of the adjudicated water 

14 rights shall be considered to satisfy any requirement for 

15 authorization of the action by treaty or convention im16 posed by section 2116 of the Revised Statutes (25 U.S.C. 

17 177). 

18 (f) PROHIBITION ON FORFEITURE.—The nonuse of 

19 all or any portion of the adjudicated water rights by a 

20 lessee or contractor shall not result in the forfeiture, aban21 donment, relinquishment, or other loss of all or any por22 tion of the adjudicated water rights. 


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Calendar No. 522 

112TH CONGRESS 

2D SESSION S. 134 

[Report No. 112–218] 

A BILL 

To authorize the Mescalero Apache Tribe to lease 

adjudicated water rights. 

SEPTEMBER 19, 2012 

Reported without amendment 


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