IB 

Union Calendar No. 207 

112TH CONGRESS 

1ST SESSION H. R. 1461 

[Report No. 112–307] 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2011 

Mr. PEARCE introduced the following bill; which was referred to the 

Committee on Natural Resources 

DECEMBER 1, 2011 

Additional sponsors: Mr. LUJA ́N and Mr. HEINRICH

DECEMBER 1, 2011 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 1461 RH

A BILL 

To authorize the Mescalero Apache Tribe to lease adjudicated 

water rights. 


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•HR 1461 RH

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADJUDICATED WATER RIGHTS.—The term 

9 ‘‘adjudicated water rights’’ means water rights that 

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

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

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

13 the Secretary of the Interior. 

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

15 of New Mexico. 

16 (4) TRIBE.—The term ‘‘Tribe’’ means the Mes17 calero Apache Tribe. 

18 SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER 

19 RIGHTS. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, subject to subsections (b) and (c), the Tribe 

22 may lease, enter into a contract with respect to, or other23 wise transfer to another party, for another purpose, or to 

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

25 the adjudicated water rights. 


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

2 subsection (a), the Tribe shall comply with all laws (in3 cluding regulations) of the State with respect to the leas4 ing or transfer of water rights. 

5 (c) ALIENATION; MAXIMUM TERM.— 

6 (1) ALIENATION.—The Tribe shall not perma7 nently alienate any adjudicated water rights. 

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

9 use lease, contract, or other agreement under this 

10 section (including a renewal of such an agreement) 

11 shall be not more than 99 years. 

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

13 the Tribe or any other person for any loss or other det14 riment resulting from a lease, contract, or other arrange15 ment entered into pursuant to this section. 

16 (e) PURCHASES OR GRANTS OF LAND FROM INDI17 ANS.—The authorization provided by this Act for the leas18 ing, contracting, and transfer of the adjudicated water 

19 rights shall be considered to satisfy any requirement for 

20 authorization of the action by treaty or convention im21 posed by section 2116 of the Revised Statutes (25 U.S.C. 

22 177). 

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

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

25 lessee or contractor shall not result in the forfeiture, abanVerDate Mar 15 2010 23:14 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1461.RH H1461

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1 donment, relinquishment, or other loss of all or any por2 tion of the adjudicated water rights. 


srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 207 

112TH CONGRESS 

1ST SESSION H. R. 1461 

[Report No. 112–307] 

A BILL 

To authorize the Mescalero Apache Tribe to lease 

adjudicated water rights. 

DECEMBER 1, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSK4SPTVN1PROD with BILLS