II 

113TH CONGRESS 

1ST 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 

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’’. 

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

8 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. 

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Sec. 6. Beneficiaries to agreement. 

Sec. 7. Jurisdiction. 

Sec. 8. Environmental compliance. 

Sec. 9. Miscellaneous provisions. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ORIGINAL AGREEMENT.—The term ‘‘Origi4 nal Agreement’’ means the ‘‘Pyramid Lake Paiute 

5 Tribe Fish Springs Ranch Settlement Agreement’’ 

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

7 Fish Springs (including all exhibits to that agree8 ment). 

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

10 means the Pyramid Lake Paiute Tribe-Fish Springs 

11 Ranch 2013 Supplement to the 2007 Settlement 

12 Agreement dated November 20, 2013, entered into 

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

14 that Agreement. 

15 (3) ENVIRONMENTAL IMPACT STATEMENT.— 

16 The term ‘‘environmental impact statement’’ means 

17 the final environmental impact statement for the 

18 North Valleys Rights-of-Way Projects prepared by 

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

20 68473). 

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

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

23 which the Tribe executes the waivers, as authorized 

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

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

3 interest pursuant to subparagraph 4.2 of the Agree4 ment. 

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

6 means the Fish Springs Ranch, LLC, a Nevada lim7 ited liability company (or a successor in interest). 

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

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

10 feet of water available to Fish Springs pursuant to 

11 certificates of water rights issued to Fish Springs or 

12 its predecessors in interest by the State Engineer for 

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

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

15 (7) ADDITIONAL FISH SPRINGS WATER

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

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

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

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

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

21 Ruling No. 3787 signed by the State Engineer for 

22 the State of Nevada on March 1, 1991, and Supple23 mental Ruling on Remand No. 3787A signed by the 

24 State Engineer for the State of Nevada on October 

25 9, 1992. 

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

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

3 Valley Hydrographic Basin described as Nevada Hy4 drographic Water Basin 97. 

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

6 project for pumping within Honey Lake Valley 

7 Basin and transfer outside of the basin by Fish 

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

9 of Fish Springs water rights, including— 

10 (A) not more than 8,000 acre feet as de11 scribed in the environmental impact statement 

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

13 Project described in the environmental impact 

14 statement) and the record of decision; 

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

16 Fish Springs water rights; and 

17 (C) the rights and approvals for Fish 

18 Springs to pump and transfer up to said 

19 13,000 acre feet of groundwater per year. 

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

21 of decision’’ means the public record of the decision 

22 of the District Manager of the United States Bureau 

23 of Land Management’s Carson City District in the 

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

25 the environmental impact statement and the Project. 

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

2 means the Secretary of the Interior (or a designee 

3 of the Secretary). 

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

5 Pyramid Lake Paiute Tribe of Indians organized 

6 under section 16 of the Act of June 18, 1934 (com7 monly known as the ‘‘Indian Reorganization Act’’; 

8 25 U.S.C. 476). 

9 (13) TRUCKEE RIVER OPERATING AGREE10 MENT.—The term ‘‘Truckee River Operating Agree11 ment’’ means— 

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

13 Operating Agreement negotiated for the pur14 pose of carrying out the terms of the Truckee15 Carson-Pyramid Lake Water Rights Settlement 

16 Act (Public Law 101–618); and 

17 (B) any final, signed version of the Truck18 ee River Operating Agreement that becomes ef19 fective under the terms of the Truckee-Carson20 Pyramid Lake Water Rights Settlement Act. 

21 SEC. 3. RATIFICATION OF AGREEMENT. 

22 (a) IN GENERAL.—Except to the extent that a provi23 sion of the Agreement conflicts with this Act, the Agree24 ment is authorized and ratified. 

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1 (b) WAIVER AND RETENTION OF CLAIMS.—Notwith2 standing any provision of the Agreement, any waiver or 

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

4 shall be carried out in accordance with section 4. 

5 (c) COMPLIANCE WITH APPLICABLE LAW.—This sec6 tion, the Original Agreement, and the Agreement satisfy 

7 all applicable requirements of section 2116 of the Revised 

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

9 SEC. 4. WAIVER AND RELEASES OF CLAIMS. 

10 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBE

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

12 Tribe as set forth in the Original Agreement, the Agree13 ment, and this Act, the Tribe, on behalf of itself and the 

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

15 and release against Fish Springs of the following: 

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

17 law to challenge the validity, characteristics, or exer18 cise of the Project or use of Fish Springs water 

19 rights (including additional Fish Springs water 

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

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

22 or Fish Springs water rights (including additional 

23 Fish Springs water rights) regardless of the extent 

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

25 establishes a water right that is senior to the Project 

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1 or Fish Springs water rights (including additional 

2 Fish Springs water rights). 

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

4 the Tribe’s water rights or claims of interference 

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

6 rights, including— 

7 (A) claims for injury to lands or resources 

8 resulting from such damages, losses, injuries, or 

9 interference with, diversion of, or taking of trib10 al water rights under the Agreement or Original 

11 Agreement; and 

12 (B) claims relating to the quality of water 

13 underlying the Pyramid Lake Indian Reserva14 tion that are related to use of Fish Springs 

15 water rights (including additional Fish Springs 

16 water rights) by the Project or the implementa17 tion or operation of the Project in accordance 

18 with the Agreement or Original Agreement. 

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

20 interfere with one or more of the following: 

21 (A) Implementation of the Project pursu22 ant to the terms of the Agreement or Original 

23 Agreement. 

24 (B) Deliveries of water by the Project pur25 suant to the terms of— 

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1 (i) the Agreement; 

2 (ii) the Original Agreement; or 

3 (iii) the February 28, 2006, Water 

4 Banking Trust Agreement between Washoe 

5 County and Fish Springs. 

6 (C) Assignments of water rights credits 

7 pursuant to the terms of the February 28, 

8 2006, Water Banking Trust Agreement be9 tween Washoe County and Fish Springs. 

10 (4) All claims against Fish Springs relating in 

11 any manner to the negotiation or adoption of the 

12 Agreement or the Original Agreement. 

13 (b) RESERVATION OF RIGHTS AND RETENTION OF

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

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

16 Tribe, shall retain against Fish Springs the following: 

17 (1) All claims for enforcement of the Agree18 ment, the Original Agreement or this Act through 

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

20 Court for the District of Nevada. 

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

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

23 release by the Tribe in subsection (a)— 

24 (A) the right to assert and protect any 

25 right of the Tribe to surface or groundwater 

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1 and any other trust resource, including the 

2 right to assert a senior priority against or to 

3 place a call for water on any water right other 

4 than against the Project or Fish Springs water 

5 rights; 

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

7 a water right in accordance with applicable law 

8 and to use and protect any water right acquired 

9 after the date of the enactment of this Act that 

10 is not in conflict with the Agreement, the Origi11 nal Agreement or this Act; and 

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

13 immunities, powers, and claims not specifically 

14 waived and released pursuant to this Act and 

15 the Agreement. 

16 (3) The right to enforce— 

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

18 the Truckee River Operating Agreement; 

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

20 the Truckee River Water Quality Settlement 

21 Agreement; and 

22 (C) whatever rights exist to seek compli23 ance with any permit issued to any wastewater 

24 treatment or reclamation facility treating waste25 water generated by users of Project water. 

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

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

3 lands issued to Fish Springs for the Project and 

4 Project water. 

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

6 AGAINST THE UNITED STATES.—In return for the bene7 fits to the Tribe as set forth in the Agreement, the Origi8 nal Agreement, and this Act, the Tribe, on behalf of itself 

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

10 a waiver and release of all claims against the United 

11 States, including the agencies and employees of the United 

12 States, related to the Project and Fish Springs water 

13 rights (including additional Fish Springs water rights) 

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

15 Springs makes the payment to the Tribe as provided in 

16 paragraph 4 of the Agreement for damages, losses or inju17 ries that are related to— 

18 (1) the Project, Fish Springs water rights (in19 cluding additional Fish Springs water rights), and 

20 the implementation, operation, or approval of the 

21 Project, including claims related to— 

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

23 natural resources due to loss of water or water 

24 rights (including damages, losses, or injuries to 

25 hunting, fishing, and gathering rights due to 

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1 loss of water, water rights or subordination of 

2 water rights) resulting from the Project or Fish 

3 Springs water rights (including additional Fish 

4 Springs water rights); 

5 (B) interference with, diversion, or taking 

6 of water resulting from the Project; or 

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

8 develop water, water rights, or water infrastruc9 ture as a result of the Project or Fish Springs 

10 water rights (including additional Fish Springs 

11 water rights); 

12 (2) the record of decision, the environmental 

13 impact statement, the Agreement or the Original 

14 Agreement; 

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

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

17 asserted in any past proceeding related to the 

18 Project; 

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

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

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

22 paid to the Tribe under the Agreement or the Origi23 nal Agreement; 

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

25 under the Original Agreement; and 

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

2 satisfaction of the obligations of the United States 

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

4 (d) RESERVATION OF RIGHTS AND RETENTION OF

5 CLAIMS BY TRIBE AGAINST THE UNITED STATES.—Not6 withstanding the waivers and releases authorized in this 

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

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

9 (1) All claims for enforcement of this Act 

10 through such legal and equitable remedies as are 

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

12 of Nevada. 

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

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

15 lands issued to Fish Springs for the Project and 

16 Project water. 

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

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

19 privileges, immunities, powers, and claims not spe20 cifically waived and released pursuant to this Act 

21 and the Agreement. 

22 (e) EXTINGUISHMENT OF WAIVED AND RELEASED

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

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

25 final payment by Fish Springs pursuant to the terms of 

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

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

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

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

5 and releases of claims authorized, the waived and released 

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

7 (f) NO UNITED STATES LIABILITY FOR WAIVED

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

9 claims waived and released by the Tribe pursuant to this 

10 Act. 

11 (g) UNITED STATES RESERVATION OF RIGHTS.— 

12 Nothing in this Act shall affect any rights, remedies, privi13 leges, immunities, or powers of the United States, includ14 ing the right to enforce the terms of the right-of-way 

15 across Federal lands for the Project granted by the Sec16 retary to Fish Springs pursuant to the Federal Lands Pol17 icy and Management Act of 1976 (43 U.S.C. 1701 et 

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

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

20 pursuant to subsection (e). 

21 (h) EFFECTIVE DATE OF WAIVERS AND RELEASES

22 OF CLAIMS.—The waivers and releases authorized under 

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

24 Springs makes the payment to the Tribe as provided in 

25 subparagraph 4.2 of the Agreement. 

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1 SEC. 5. SATISFACTION OF CLAIMS. 

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

3 under the Agreement, the Original Agreement, and this 

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

5 of the Tribe waived and released pursuant to section 4 

6 and pursuant to the Original Agreement and any claims 

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

8 are extinguished pursuant to section 4. 

9 (b) EFFECT OF FAILURE TO EXECUTE WAIVERS

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

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

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

13 Agreement shall be null and void. 

14 SEC. 6. BENEFICIARIES TO AGREEMENT. 

15 (a) REQUIREMENT.—The beneficiaries to the Agree16 ment shall be limited to— 

17 (1) the parties to the Agreement; 

18 (2) any municipal water purveyor that provides 

19 Project water for wholesale or retail water service to 

20 the area serviced by the Project; 

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

22 use Project water for purposes other than serving 

23 retail or wholesale customers; and 

24 (4) any assignee of Water Rights Credits for 

25 Project water pursuant to the terms of the February 

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1 28, 2006, Water Banking Trust Agreement between 

2 Washoe County and Fish Springs. 

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

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

5 individual or entity third-party beneficiary status relating 

6 to the Agreement. 

7 SEC. 7. JURISDICTION. 

8 Jurisdiction over any civil action relating to the en9 forcement of the Agreement, the Original Agreement, or 

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

11 for the District of Nevada. 

12 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

13 Nothing in this Act precludes the United States or 

14 the Tribe, when delegated regulatory authority, from en15 forcing Federal environmental laws, including— 

16 (1) the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42 

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

19 for harm to natural resources; 

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

21 300f et seq.); 

22 (3) the Federal Water Pollution Control Act 

23 (33 U.S.C. 1251 et seq.); 

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

25 6901 et seq.); and 

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1 (5) any regulation implementing one or more of 

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

3 SEC. 9. MISCELLANEOUS PROVISIONS. 

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

5 this Act establishes a standard for the quantification of 

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

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

8 administrative proceeding. 

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

10 Original Agreement, or this Act quantifies or otherwise 

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

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

13 community other than the Tribe. 

Æ 

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