H. R. 3716 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Lake Paiute Tribe - Fish Springs Ranch Settlement Act’’. 

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

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ORIGINAL AGREEMENT.—The term ‘‘Original Agreement’’ 

means the ‘‘Pyramid Lake Paiute Tribe Fish Springs Ranch 

Settlement Agreement’’ dated May 30, 2007, entered into by 

the Tribe and Fish Springs (including all exhibits to that agreement). 

(2) AGREEMENT.—The term ‘‘Agreement’’ means the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement 

to the 2007 Settlement Agreement dated November 20, 2013, 

entered into by the Tribe and Fish Springs, and all exhibits 

to that Agreement. 

(3) ENVIRONMENTAL IMPACT STATEMENT.—The term 

‘‘environmental impact statement’’ means the final environmental impact statement for the North Valleys Rights-of-Way 

Projects prepared by the Bureau of Land Management (70 

Fed. Reg. 68473). 

(4) FINAL PAYMENT DATE.—The term ‘‘final payment date’’ 

means 30 days after the date on which the Tribe executes 

the waivers, as authorized in section 4, on or before which 

Fish Springs shall pay to the Tribe the $3,600,000 and accumulated interest pursuant to subparagraph 4.2 of the Agreement. 

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

Fish Springs Ranch, LLC, a Nevada limited liability company 

(or a successor in interest). 
H. R. 3716—2 

(6) FISH SPRINGS WATER RIGHTS.—The term ‘‘Fish Springs 

water rights’’ means the 14,108 acre feet of water available 

to Fish Springs pursuant to certificates of water rights issued 

to Fish Springs or its predecessors in interest by the State 

Engineer for the State of Nevada, copies of which are attached 

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

(7) ADDITIONAL FISH SPRINGS WATER RIGHTS.—The term 

‘‘additional Fish Springs water rights’’ means the rights to 

pump and transfer up to 5,000 acre feet per year of Fish 

Springs water rights in excess of 8,000 acre feet per year, 

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

No. 3787 signed by the State Engineer for the State of Nevada 

on March 1, 1991, and Supplemental Ruling on Remand No. 

3787A signed by the State Engineer for the State of Nevada 

on October 9, 1992. 

(8) HONEY LAKE VALLEY BASIN.—The term ‘‘Honey Lake 

Valley Basin’’ means the Honey Lake Valley Hydrographic 

Basin described as Nevada Hydrographic Water Basin 97. 

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

pumping within Honey Lake Valley Basin and transfer outside 

of the basin by Fish Springs of not more than 13,000 acre 

feet per year of Fish Springs water rights, including— 

(A) not more than 8,000 acre feet as described in 

the environmental impact statement (but not the Intermountain Water Supply, Ltd., Project described in the 

environmental impact statement) and the record of decision; 

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

water rights; and 

(C) the rights and approvals for Fish Springs to pump 

and transfer up to said 13,000 acre feet of groundwater 

per year. 

(10) RECORD OF DECISION.—The term ‘‘record of decision’’ 

means the public record of the decision of the District Manager 

of the United States Bureau of Land Management’s Carson 

City District in the State of Nevada issued on May 31, 2006, 

regarding the environmental impact statement and the Project. 

(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior (or a designee of the Secretary). 

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

Paiute Tribe of Indians organized under section 16 of the Act 

of June 18, 1934 (commonly known as the ‘‘Indian Reorganization Act’’; 25 U.S.C. 476). 

(13) TRUCKEE RIVER OPERATING AGREEMENT.—The term 

‘‘Truckee River Operating Agreement’’ means— 

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

Agreement negotiated for the purpose of carrying out the 

terms of the Truckee-Carson-Pyramid Lake Water Rights 

Settlement Act (Public Law 101–618); and 

(B) any final, signed version of the Truckee River Operating Agreement that becomes effective under the terms 

of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. 
H. R. 3716—3 

SEC. 3. RATIFICATION OF AGREEMENT. 

(a) IN GENERAL.—Except to the extent that a provision of 

the Agreement conflicts with this Act, the Agreement is authorized 

and ratified. 

(b) WAIVER AND RETENTION OF CLAIMS.—Notwithstanding any 

provision of the Agreement, any waiver or retention of a claim 

by the Tribe relating to the Agreement shall be carried out in 

accordance with section 4. 

(c) COMPLIANCE WITH APPLICABLE LAW.—This section, the 

Original Agreement, and the Agreement satisfy all applicable 

requirements of section 2116 of the Revised Statutes (25 U.S.C. 

177). 

SEC. 4. WAIVER AND RELEASES OF CLAIMS. 

(a) WAIVER AND RELEASE OF CLAIMS BY TRIBE AGAINST FISH

SPRINGS.—In return for benefits to the Tribe as set forth in the 

Original Agreement, the Agreement, and this Act, the Tribe, on 

behalf of itself and the members of the Tribe, is authorized to 

execute a waiver and release against Fish Springs of the following: 

(1) All rights under Federal, State, and other law to challenge the validity, characteristics, or exercise of the Project 

or use of Fish Springs water rights (including additional Fish 

Springs water rights), including the right to assert a senior 

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

or Fish Springs water rights (including additional Fish Springs 

water rights) regardless of the extent to which the Tribe has 

a water right or in the future establishes a water right that 

is senior to the Project or Fish Springs water rights (including 

additional Fish Springs water rights). 

(2) All claims for damages, losses, or injuries to the Tribe’s 

water rights or claims of interference with, diversion of, or 

taking of the Tribe’s water rights, including— 

(A) claims for injury to lands or resources resulting 

from such damages, losses, injuries, or interference with, 

diversion of, or taking of tribal water rights under the 

Agreement or Original Agreement; and 

(B) claims relating to the quality of water underlying 

the Pyramid Lake Indian Reservation that are related to 

use of Fish Springs water rights (including additional Fish 

Springs water rights) by the Project or the implementation 

or operation of the Project in accordance with the Agreement or Original Agreement. 

(3) All claims that would impair, prevent, or interfere with 

one or more of the following: 

(A) Implementation of the Project pursuant to the 

terms of the Agreement or Original Agreement. 

(B) Deliveries of water by the Project pursuant to 

the terms of— 

(i) the Agreement; 

(ii) the Original Agreement; or 

(iii) the February 28, 2006, Water Banking Trust 

Agreement between Washoe County and Fish Springs. 

(C) Assignments of water rights credits pursuant to 

the terms of the February 28, 2006, Water Banking Trust 

Agreement between Washoe County and Fish Springs. 
H. R. 3716—4 

(4) All claims against Fish Springs relating in any manner 

to the negotiation or adoption of the Agreement or the Original 

Agreement. 

(b) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS BY

TRIBE AGAINST FISH SPRINGS.—The Tribe, on its own behalf and 

on behalf of the members of the Tribe, shall retain against Fish 

Springs the following: 

(1) All claims for enforcement of the Agreement, the 

Original Agreement or this Act through such remedies as are 

available in the U.S. District Court for the District of Nevada. 

(2) Subject to the right of Fish Springs to carry out the 

Project, and subject to the waiver and release by the Tribe 

in subsection (a)— 

(A) the right to assert and protect any right of the 

Tribe to surface or groundwater and any other trust 

resource, including the right to assert a senior priority 

against or to place a call for water on any water right 

other than against the Project or Fish Springs water rights; 

(B) all rights to establish, claim or acquire a water 

right in accordance with applicable law and to use and 

protect any water right acquired after the date of the 

enactment of this Act that is not in conflict with the Agreement, the Original Agreement or this Act; and 

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

powers, and claims not specifically waived and released 

pursuant to this Act and the Agreement. 

(3) The right to enforce— 

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

River Operating Agreement; 

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

River Water Quality Settlement Agreement; and 

(C) whatever rights exist to seek compliance with any 

permit issued to any wastewater treatment or reclamation 

facility treating wastewater generated by users of Project 

water. 

(4) The right to seek to have enforced the terms of any 

permit or right-of-way across Federal lands issued to Fish 

Springs for the Project and Project water. 

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

THE UNITED STATES.—In return for the benefits to the Tribe as 

set forth in the Agreement, the Original Agreement, and this Act, 

the Tribe, on behalf of itself and the members of the Tribe, is 

authorized to execute a waiver and release of all claims against 

the United States, including the agencies and employees of the 

United States, related to the Project and Fish Springs water rights 

(including additional Fish Springs water rights) that accrued at 

any time before and on the date that Fish Springs makes the 

payment to the Tribe as provided in Paragraph 4 of the Agreement 

for damages, losses or injuries that are related to— 

(1) the Project, Fish Springs water rights (including additional Fish Springs water rights), and the implementation, 

operation, or approval of the Project, including claims related 

to— 

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

resources due to loss of water or water rights (including 
H. R. 3716—5 

damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights or subordination of water rights) resulting from the Project or Fish 

Springs water rights (including additional Fish Springs 

water rights); 

(B) interference with, diversion, or taking of water 

resulting from the Project; or 

(C) failure to protect, acquire, replace, or develop water, 

water rights, or water infrastructure as a result of the 

Project or Fish Springs water rights (including additional 

Fish Springs water rights); 

(2) the record of decision, the environmental impact statement, the Agreement or the Original Agreement; 

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

Tribe or otherwise, asserted, or could have asserted in any 

past proceeding related to the Project; 

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

the Original Agreement, or this Act; 

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

Tribe under the Agreement or the Original Agreement; 

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

Original Agreement; and 

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

of the obligations of the United States on behalf of the Tribe 

as set forth in subsection (e). 

(d) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS BY

TRIBE AGAINST THE UNITED STATES.—Notwithstanding the waivers 

and releases authorized in this Act, the Tribe, on behalf of itself 

and the members of the Tribe, shall retain against the United 

States the following: 

(1) All claims for enforcement of this Act through such 

legal and equitable remedies as are available in the U.S. District Court for the District of Nevada. 

(2) The right to seek to have enforced the terms of any 

permit or right-of-way across Federal lands issued to Fish 

Springs for the Project and Project water. 

(3) Subject to the right of Fish Springs to carry out the 

Project, all other rights, remedies, privileges, immunities, 

powers, and claims not specifically waived and released pursuant to this Act and the Agreement. 

(e) EXTINGUISHMENT OF WAIVED AND RELEASED CLAIMS.—Upon 

execution of the waiver and releases by the Tribe pursuant to 

subsections (a) and (c) and upon final payment by Fish Springs 

pursuant to the terms of the Agreement, the United States acting 

on behalf of the Tribe shall have no right or obligation to bring 

or assert any claims waived and released by the Tribe as set 

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

and releases of claims authorized, the waived and released claims 

as set forth in subsection (a) are extinguished. 

(f) NO UNITED STATES LIABILITY FOR WAIVED CLAIMS.—The 

United States shall bear no liability for claims waived and released 

by the Tribe pursuant to this Act. 

(g) UNITED STATES RESERVATION OF RIGHTS.—Nothing in this 

Act shall affect any rights, remedies, privileges, immunities, or 

powers of the United States, including the right to enforce the 

terms of the right-of-way across Federal lands for the Project 

granted by the Secretary to Fish Springs pursuant to the Federal 
H. R. 3716—6 

Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et 

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

any claim on the Tribe’s behalf that is extinguished pursuant to 

subsection (e). 

(h) EFFECTIVE DATE OF WAIVERS AND RELEASES OF CLAIMS.— 

The waivers and releases authorized under subsections (a) and 

(c) shall take effect on the day Fish Springs makes the payment 

to the Tribe as provided in subparagraph 4.2 of the Agreement. 

SEC. 5. SATISFACTION OF CLAIMS. 

(a) IN GENERAL.—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. 

(b) EFFECT OF FAILURE TO EXECUTE WAIVERS AND RELEASES.— 

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. 

SEC. 6. BENEFICIARIES TO AGREEMENT. 

(a) REQUIREMENT.—The beneficiaries 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. 

(b) PROHIBITION.—Except as provided in subsection (a), nothing 

in the Agreement or this Act provides to any individual or entity 

third-party beneficiary status relating to the Agreement. 

SEC. 7. JURISDICTION. 

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. 

SEC. 8. ENVIRONMENTAL COMPLIANCE. 

Nothing in this Act precludes the United States or the Tribe, 

when delegated regulatory authority, from enforcing Federal 

environmental laws, including— 

(1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

including claims for damages for harm to natural resources; 

(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 

(3) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); 

(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 

and 

(5) any regulation implementing one or more of the Acts 

listed in paragraphs (1) through (4). 
H. R. 3716—7 

SEC. 9. MISCELLANEOUS PROVISIONS. 

(a) NO ESTABLISHMENT OF STANDARD.—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. 

(b) OTHER CLAIMS.—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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.