II 

Calendar No. 476 

113TH CONGRESS 

2D SESSION S. 1818 

To ratify a water settlement agreement affecting the Pyramid Lake Paiute 

Tribe, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12 (legislative day, DECEMBER 11), 2013 

Mr. REID (for himself and Mr. HELLER) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

JULY 22, 2014 

Reported by Mr. TESTER, without amendment 

A BILL 

To ratify a water settlement agreement affecting the 

Pyramid Lake Paiute Tribe, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pyramid Lake Paiute Tribe - Fish Springs Ranch Settle6 ment Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Ratification of agreement. 

Sec. 4. Waiver and releases of claims. 

Sec. 5. Satisfaction of claims. 

Sec. 6. Beneficiaries to agreement. 

Sec. 7. Jurisdiction. 

Sec. 8. Environmental compliance. 

Sec. 9. Miscellaneous provisions. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ORIGINAL AGREEMENT.—The term ‘‘Origi6 nal Agreement’’ means the ‘‘Pyramid Lake Paiute 

7 Tribe Fish Springs Ranch Settlement Agreement’’ 

8 dated May 30, 2007, entered into by the Tribe and 

9 Fish Springs (including all exhibits to that agree10 ment). 

11 (2) AGREEMENT.—The term ‘‘Agreement’’ 

12 means the Pyramid Lake Paiute Tribe-Fish Springs 

13 Ranch 2013 Supplement to the 2007 Settlement 

14 Agreement dated November 20, 2013, entered into 

15 by the Tribe and Fish Springs, and all exhibits to 

16 that Agreement. 

17 (3) ENVIRONMENTAL IMPACT STATEMENT.— 

18 The term ‘‘environmental impact statement’’ means 

19 the final environmental impact statement for the 

20 North Valleys Rights-of-Way Projects prepared by 


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1 the Bureau of Land Management (70 Fed. Reg. 

2 68473). 

3 (4) FINAL PAYMENT DATE.—The term ‘‘final 

4 payment date’’ means 30 days after the date on 

5 which the Tribe executes the waivers, as authorized 

6 in section 4, on or before which Fish Springs shall 

7 pay to the Tribe the $3,600,000 and accumulated 

8 interest pursuant to subparagraph 4.2 of the Agree9 ment. 

10 (5) FISH SPRINGS.—The term ‘‘Fish Springs’’ 

11 means the Fish Springs Ranch, LLC, a Nevada lim12 ited liability company (or a successor in interest). 

13 (6) FISH SPRINGS WATER RIGHTS.—The term 

14 ‘‘Fish Springs water rights’’ means the 14,108 acre 

15 feet of water available to Fish Springs pursuant to 

16 certificates of water rights issued to Fish Springs or 

17 its predecessors in interest by the State Engineer for 

18 the State of Nevada, copies of which are attached as 

19 Exhibit ‘‘G’’ to the Original Agreement. 

20 (7) ADDITIONAL FISH SPRINGS WATER

21 RIGHTS.—The term ‘‘additional Fish Springs water 

22 rights’’ means the rights to pump and transfer up 

23 to 5,000 acre feet per year of Fish Springs water 

24 rights in excess of 8,000 acre feet per year, up to 

25 a total of 13,000 acre feet per year, pursuant to 


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1 Ruling No. 3787 signed by the State Engineer for 

2 the State of Nevada on March 1, 1991, and Supple3 mental Ruling on Remand No. 3787A signed by the 

4 State Engineer for the State of Nevada on October 

5 9, 1992. 

6 (8) HONEY LAKE VALLEY BASIN.—The term 

7 ‘‘Honey Lake Valley Basin’’ means the Honey Lake 

8 Valley Hydrographic Basin described as Nevada Hy9 drographic Water Basin 97. 

10 (9) PROJECT.—The term ‘‘Project’’ means the 

11 project for pumping within Honey Lake Valley 

12 Basin and transfer outside of the basin by Fish 

13 Springs of not more than 13,000 acre feet per year 

14 of Fish Springs water rights, including— 

15 (A) not more than 8,000 acre feet as de16 scribed in the environmental impact statement 

17 (but not the Intermountain Water Supply, Ltd., 

18 Project described in the environmental impact 

19 statement) and the record of decision; 

20 (B) up to the 5,000 acre feet of additional 

21 Fish Springs water rights; and 

22 (C) the rights and approvals for Fish 

23 Springs to pump and transfer up to said 

24 13,000 acre feet of groundwater per year. 


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1 (10) RECORD OF DECISION.—The term ‘‘record 

2 of decision’’ means the public record of the decision 

3 of the District Manager of the United States Bureau 

4 of Land Management’s Carson City District in the 

5 State of Nevada issued on May 31, 2006, regarding 

6 the environmental impact statement and the Project. 

7 (11) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of the Interior (or a designee 

9 of the Secretary). 

10 (12) TRIBE.—The term ‘‘Tribe’’ means the 

11 Pyramid Lake Paiute Tribe of Indians organized 

12 under section 16 of the Act of June 18, 1934 (com13 monly known as the ‘‘Indian Reorganization Act’’; 

14 25 U.S.C. 476). 

15 (13) TRUCKEE RIVER OPERATING AGREE16 MENT.—The term ‘‘Truckee River Operating Agree17 ment’’ means— 

18 (A) the September 6, 2008, Truckee River 

19 Operating Agreement negotiated for the pur20 pose of carrying out the terms of the Truckee21 Carson-Pyramid Lake Water Rights Settlement 

22 Act (Public Law 101–618); and 

23 (B) any final, signed version of the Truck24 ee River Operating Agreement that becomes efVerDate Mar 15 2010 23:18 Jul 22, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1818.RS S1818

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1 fective under the terms of the Truckee-Carson2 Pyramid Lake Water Rights Settlement Act. 

3 SEC. 3. RATIFICATION OF AGREEMENT. 

4 (a) IN GENERAL.—Except to the extent that a provi5 sion of the Agreement conflicts with this Act, the Agree6 ment is authorized and ratified. 

7 (b) WAIVER AND RETENTION OF CLAIMS.—Notwith8 standing any provision of the Agreement, any waiver or 

9 retention of a claim by the Tribe relating to the Agreement 

10 shall be carried out in accordance with section 4. 

11 (c) COMPLIANCE WITH APPLICABLE LAW.—This sec12 tion, the Original Agreement, and the Agreement satisfy 

13 all applicable requirements of section 2116 of the Revised 

14 Statutes (25 U.S.C. 177). 

15 SEC. 4. WAIVER AND RELEASES OF CLAIMS. 

16 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBE

17 AGAINST FISH SPRINGS.—In return for benefits to the 

18 Tribe as set forth in the Original Agreement, the Agree19 ment, and this Act, the Tribe, on behalf of itself and the 

20 members of the Tribe, is authorized to execute a waiver 

21 and release against Fish Springs of the following: 

22 (1) All rights under Federal, State, and other 

23 law to challenge the validity, characteristics, or exer24 cise of the Project or use of Fish Springs water 

25 rights (including additional Fish Springs water 


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1 rights), including the right to assert a senior priority 

2 against or to place a call for water on the Project 

3 or Fish Springs water rights (including additional 

4 Fish Springs water rights) regardless of the extent 

5 to which the Tribe has a water right or in the future 

6 establishes a water right that is senior to the Project 

7 or Fish Springs water rights (including additional 

8 Fish Springs water rights). 

9 (2) All claims for damages, losses, or injuries to 

10 the Tribe’s water rights or claims of interference 

11 with, diversion of, or taking of the Tribe’s water 

12 rights, including— 

13 (A) claims for injury to lands or resources 

14 resulting from such damages, losses, injuries, or 

15 interference with, diversion of, or taking of trib16 al water rights under the Agreement or Original 

17 Agreement; and 

18 (B) claims relating to the quality of water 

19 underlying the Pyramid Lake Indian Reserva20 tion that are related to use of Fish Springs 

21 water rights (including additional Fish Springs 

22 water rights) by the Project or the implementa23 tion or operation of the Project in accordance 

24 with the Agreement or Original Agreement. 


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1 (3) All claims that would impair, prevent, or 

2 interfere with one or more of the following: 

3 (A) Implementation of the Project pursu4 ant to the terms of the Agreement or Original 

5 Agreement. 

6 (B) Deliveries of water by the Project pur7 suant to the terms of— 

8 (i) the Agreement; 

9 (ii) the Original Agreement; or 

10 (iii) the February 28, 2006, Water 

11 Banking Trust Agreement between Washoe 

12 County and Fish Springs. 

13 (C) Assignments of water rights credits 

14 pursuant to the terms of the February 28, 

15 2006, Water Banking Trust Agreement be16 tween Washoe County and Fish Springs. 

17 (4) All claims against Fish Springs relating in 

18 any manner to the negotiation or adoption of the 

19 Agreement or the Original Agreement. 

20 (b) RESERVATION OF RIGHTS AND RETENTION OF

21 CLAIMS BY TRIBE AGAINST FISH SPRINGS.—The Tribe, 

22 on its own behalf and on behalf of the members of the 

23 Tribe, shall retain against Fish Springs the following: 

24 (1) All claims for enforcement of the Agree25 ment, the Original Agreement or this Act through 


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1 such remedies as are available in the U.S. District 

2 Court for the District of Nevada. 

3 (2) Subject to the right of Fish Springs to 

4 carry out the Project, and subject to the waiver and 

5 release by the Tribe in subsection (a)— 

6 (A) the right to assert and protect any 

7 right of the Tribe to surface or groundwater 

8 and any other trust resource, including the 

9 right to assert a senior priority against or to 

10 place a call for water on any water right other 

11 than against the Project or Fish Springs water 

12 rights; 

13 (B) all rights to establish, claim or acquire 

14 a water right in accordance with applicable law 

15 and to use and protect any water right acquired 

16 after the date of the enactment of this Act that 

17 is not in conflict with the Agreement, the Origi18 nal Agreement or this Act; and 

19 (C) all other rights, remedies, privileges, 

20 immunities, powers, and claims not specifically 

21 waived and released pursuant to this Act and 

22 the Agreement. 

23 (3) The right to enforce— 

24 (A) the Tribe’s rights against any party to 

25 the Truckee River Operating Agreement; 


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1 (B) the Tribe’s rights against any party to 

2 the Truckee River Water Quality Settlement 

3 Agreement; and 

4 (C) whatever rights exist to seek compli5 ance with any permit issued to any wastewater 

6 treatment or reclamation facility treating waste7 water generated by users of Project water. 

8 (4) The right to seek to have enforced the 

9 terms of any permit or right-of-way across Federal 

10 lands issued to Fish Springs for the Project and 

11 Project water. 

12 (c) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE

13 AGAINST THE UNITED STATES.—In return for the bene14 fits to the Tribe as set forth in the Agreement, the Origi15 nal Agreement, and this Act, the Tribe, on behalf of itself 

16 and the members of the Tribe, is authorized to execute 

17 a waiver and release of all claims against the United 

18 States, including the agencies and employees of the United 

19 States, related to the Project and Fish Springs water 

20 rights (including additional Fish Springs water rights) 

21 that accrued at any time before and on the date that Fish 

22 Springs makes the payment to the Tribe as provided in 

23 paragraph 4 of the Agreement for damages, losses or inju24 ries that are related to— 


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1 (1) the Project, Fish Springs water rights (in2 cluding additional Fish Springs water rights), and 

3 the implementation, operation, or approval of the 

4 Project, including claims related to— 

5 (A) loss of water, water rights, land, or 

6 natural resources due to loss of water or water 

7 rights (including damages, losses, or injuries to 

8 hunting, fishing, and gathering rights due to 

9 loss of water, water rights or subordination of 

10 water rights) resulting from the Project or Fish 

11 Springs water rights (including additional Fish 

12 Springs water rights); 

13 (B) interference with, diversion, or taking 

14 of water resulting from the Project; or 

15 (C) failure to protect, acquire, replace, or 

16 develop water, water rights, or water infrastruc17 ture as a result of the Project or Fish Springs 

18 water rights (including additional Fish Springs 

19 water rights); 

20 (2) the record of decision, the environmental 

21 impact statement, the Agreement or the Original 

22 Agreement; 

23 (3) claims the United States, acting as trustee 

24 for the Tribe or otherwise, asserted, or could have 


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1 asserted in any past proceeding related to the 

2 Project; 

3 (4) the negotiation, execution, or adoption of 

4 the Agreement, the Original Agreement, or this Act; 

5 (5) the Tribe’s use and expenditure of funds 

6 paid to the Tribe under the Agreement or the Origi7 nal Agreement; 

8 (6) the Tribe’s acquisition and use of land 

9 under the Original Agreement; and 

10 (7) the extinguishment of claims, if any, and 

11 satisfaction of the obligations of the United States 

12 on behalf of the Tribe as set forth in subsection (e). 

13 (d) RESERVATION OF RIGHTS AND RETENTION OF

14 CLAIMS BY TRIBE AGAINST THE UNITED STATES.—Not15 withstanding the waivers and releases authorized in this 

16 Act, the Tribe, on behalf of itself and the members of the 

17 Tribe, shall retain against the United States the following: 

18 (1) All claims for enforcement of this Act 

19 through such legal and equitable remedies as are 

20 available in the U.S. District Court for the District 

21 of Nevada. 

22 (2) The right to seek to have enforced the 

23 terms of any permit or right-of-way across Federal 

24 lands issued to Fish Springs for the Project and 

25 Project water. 


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1 (3) Subject to the right of Fish Springs to 

2 carry out the Project, all other rights, remedies, 

3 privileges, immunities, powers, and claims not spe4 cifically waived and released pursuant to this Act 

5 and the Agreement. 

6 (e) EXTINGUISHMENT OF WAIVED AND RELEASED

7 CLAIMS.—Upon execution of the waiver and releases by 

8 the Tribe pursuant to subsections (a) and (c) and upon 

9 final payment by Fish Springs pursuant to the terms of 

10 the Agreement, the United States acting on behalf of the 

11 Tribe shall have no right or obligation to bring or assert 

12 any claims waived and released by the Tribe as set forth 

13 in subsection (a). Upon the effective date of the waivers 

14 and releases of claims authorized, the waived and released 

15 claims as set forth in subsection (a) are extinguished. 

16 (f) NO UNITED STATES LIABILITY FOR WAIVED

17 CLAIMS.—The United States shall bear no liability for 

18 claims waived and released by the Tribe pursuant to this 

19 Act. 

20 (g) UNITED STATES RESERVATION OF RIGHTS.— 

21 Nothing in this Act shall affect any rights, remedies, privi22 leges, immunities, or powers of the United States, includ23 ing the right to enforce the terms of the right-of-way 

24 across Federal lands for the Project granted by the Sec25 retary to Fish Springs pursuant to the Federal Lands PolVerDate Mar 15 2010 23:18 Jul 22, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1818.RS S1818

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1 icy and Management Act of 1976 (43 U.S.C. 1701 et 

2 seq.), with the exception that the United States may not 

3 assert any claim on the Tribe’s behalf that is extinguished 

4 pursuant to subsection (e). 

5 (h) EFFECTIVE DATE OF WAIVERS AND RELEASES

6 OF CLAIMS.—The waivers and releases authorized under 

7 subsections (a) and (c) shall take effect on the day Fish 

8 Springs makes the payment to the Tribe as provided in 

9 subparagraph 4.2 of the Agreement. 

10 SEC. 5. SATISFACTION OF CLAIMS. 

11 (a) IN GENERAL.—The benefits provided to the Tribe 

12 under the Agreement, the Original Agreement, and this 

13 Act shall be considered to be full satisfaction of all claims 

14 of the Tribe waived and released pursuant to section 4 

15 and pursuant to the Original Agreement and any claims 

16 the United States might make on behalf of the Tribe that 

17 are extinguished pursuant to section 4. 

18 (b) EFFECT OF FAILURE TO EXECUTE WAIVERS

19 AND RELEASES.—If the Tribe fails to execute the waivers 

20 and releases as authorized by this Act within 60 days after 

21 the date of the enactment of this Act, this Act and the 

22 Agreement shall be null and void. 

23 SEC. 6. BENEFICIARIES TO AGREEMENT. 

24 (a) REQUIREMENT.—The beneficiaries to the Agree25 ment shall be limited to— 


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1 (1) the parties to the Agreement; 

2 (2) any municipal water purveyor that provides 

3 Project water for wholesale or retail water service to 

4 the area serviced by the Project; 

5 (3) any water purveyor that obtains the right to 

6 use Project water for purposes other than serving 

7 retail or wholesale customers; and 

8 (4) any assignee of Water Rights Credits for 

9 Project water pursuant to the terms of the February 

10 28, 2006, Water Banking Trust Agreement between 

11 Washoe County and Fish Springs. 

12 (b) PROHIBITION.—Except as provided in subsection 

13 (a), nothing in the Agreement or this Act provides to any 

14 individual or entity third-party beneficiary status relating 

15 to the Agreement. 

16 SEC. 7. JURISDICTION. 

17 Jurisdiction over any civil action relating to the en18 forcement of the Agreement, the Original Agreement, or 

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

20 for the District of Nevada. 

21 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

22 Nothing in this Act precludes the United States or 

23 the Tribe, when delegated regulatory authority, from en24 forcing Federal environmental laws, including— 


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1 (1) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 1980 (42 

3 U.S.C. 9601 et seq.) including claims for damages 

4 for harm to natural resources; 

5 (2) the Safe Drinking Water Act (42 U.S.C. 

6 300f et seq.); 

7 (3) the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.); 

9 (4) the Solid Waste Disposal Act (42 U.S.C. 

10 6901 et seq.); and 

11 (5) any regulation implementing one or more of 

12 the Acts listed in paragraphs (1) through (4). 

13 SEC. 9. MISCELLANEOUS PROVISIONS. 

14 (a) NO ESTABLISHMENT OF STANDARD.—Nothing in 

15 this Act establishes a standard for the quantification of 

16 a Federal reserved water right or any other claim of an 

17 Indian tribe other than the Tribe in any other judicial or 

18 administrative proceeding. 

19 (b) OTHER CLAIMS.—Nothing in the Agreement, the 

20 Original Agreement, or this Act quantifies or otherwise 

21 adversely affects any water right, claim, or entitlement to 

22 water, or any other right of any Indian tribe, band, or 

23 community other than the Tribe. 


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Calendar No. 476 

113TH CONGRESS 

2D SESSION S. 1818 

A BILL 

To ratify a water settlement agreement affecting 

purposes. the Pyramid Lake Paiute Tribe, and for other 

JULY 22, 2014 

Reported without amendment 


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