113TH CONGRESS 

2D SESSION H. R. 3716 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Pyramid Lake Paiute Tribe - Fish Springs Ranch Settle4 ment Act’’. 

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

6 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. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ORIGINAL AGREEMENT.—The term ‘‘Origi10 nal Agreement’’ means the ‘‘Pyramid Lake Paiute 

11 Tribe Fish Springs Ranch Settlement Agreement’’ 

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

13 Fish Springs (including all exhibits to that agree14 ment). 

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

16 means the Pyramid Lake Paiute Tribe-Fish Springs 

17 Ranch 2013 Supplement to the 2007 Settlement 

18 Agreement dated November 20, 2013, entered into 

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

20 that Agreement. 
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1 (3) ENVIRONMENTAL IMPACT STATEMENT.— 

2 The term ‘‘environmental impact statement’’ means 

3 the final environmental impact statement for the 

4 North Valleys Rights-of-Way Projects prepared by 

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

6 68473). 

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

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

9 which the Tribe executes the waivers, as authorized 

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

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

12 interest pursuant to subparagraph 4.2 of the Agree13 ment. 

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

15 means the Fish Springs Ranch, LLC, a Nevada lim16 ited liability company (or a successor in interest). 

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

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

19 feet of water available to Fish Springs pursuant to 

20 certificates of water rights issued to Fish Springs or 

21 its predecessors in interest by the State Engineer for 

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

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

24 (7) ADDITIONAL FISH SPRINGS WATER

25 RIGHTS.—The term ‘‘additional Fish Springs water 
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1 rights’’ means the rights to pump and transfer up 

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

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

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

5 Ruling No. 3787 signed by the State Engineer for 

6 the State of Nevada on March 1, 1991, and Supple7 mental Ruling on Remand No. 3787A signed by the 

8 State Engineer for the State of Nevada on October 

9 9, 1992. 

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

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

12 Valley Hydrographic Basin described as Nevada Hy13 drographic Water Basin 97. 

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

15 project for pumping within Honey Lake Valley 

16 Basin and transfer outside of the basin by Fish 

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

18 of Fish Springs water rights, including— 

19 (A) not more than 8,000 acre feet as de20 scribed in the environmental impact statement 

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

22 Project described in the environmental impact 

23 statement) and the record of decision; 

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

25 Fish Springs water rights; and 
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1 (C) the rights and approvals for Fish 

2 Springs to pump and transfer up to said 

3 13,000 acre feet of groundwater per year. 

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

5 of decision’’ means the public record of the decision 

6 of the District Manager of the United States Bureau 

7 of Land Management’s Carson City District in the 

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

9 the environmental impact statement and the Project. 

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

11 means the Secretary of the Interior (or a designee 

12 of the Secretary). 

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

14 Pyramid Lake Paiute Tribe of Indians organized 

15 under section 16 of the Act of June 18, 1934 (com16 monly known as the ‘‘Indian Reorganization Act’’; 

17 25 U.S.C. 476). 

18 (13) TRUCKEE RIVER OPERATING AGREE19 MENT.—The term ‘‘Truckee River Operating Agree20 ment’’ means— 

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

22 Operating Agreement negotiated for the pur23 pose of carrying out the terms of the Truckee24 Carson-Pyramid Lake Water Rights Settlement 

25 Act (Public Law 101–618); and 
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1 (B) any final, signed version of the Truck2 ee River Operating Agreement that becomes ef3 fective under the terms of the Truckee-Carson4 Pyramid Lake Water Rights Settlement Act. 

5 SEC. 3. RATIFICATION OF AGREEMENT. 

6 (a) IN GENERAL.—Except to the extent that a provi7 sion of the Agreement conflicts with this Act, the Agree8 ment is authorized and ratified. 

9 (b) WAIVER AND RETENTION OF CLAIMS.—Notwith10 standing any provision of the Agreement, any waiver or 

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

12 shall be carried out in accordance with section 4. 

13 (c) COMPLIANCE WITH APPLICABLE LAW.—This sec14 tion, the Original Agreement, and the Agreement satisfy 

15 all applicable requirements of section 2116 of the Revised 

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

17 SEC. 4. WAIVER AND RELEASES OF CLAIMS. 

18 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBE

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

20 Tribe as set forth in the Original Agreement, the Agree21 ment, and this Act, the Tribe, on behalf of itself and the 

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

23 and release against Fish Springs of the following: 

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

25 law to challenge the validity, characteristics, or exer-
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1 cise of the Project or use of Fish Springs water 

2 rights (including additional Fish Springs water 

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

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

5 or Fish Springs water rights (including additional 

6 Fish Springs water rights) regardless of the extent 

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

8 establishes a water right that is senior to the Project 

9 or Fish Springs water rights (including additional 

10 Fish Springs water rights). 

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

12 the Tribe’s water rights or claims of interference 

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

14 rights, including— 

15 (A) claims for injury to lands or resources 

16 resulting from such damages, losses, injuries, or 

17 interference with, diversion of, or taking of trib18 al water rights under the Agreement or Original 

19 Agreement; and 

20 (B) claims relating to the quality of water 

21 underlying the Pyramid Lake Indian Reserva22 tion that are related to use of Fish Springs 

23 water rights (including additional Fish Springs 

24 water rights) by the Project or the implementa-
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1 tion or operation of the Project in accordance 

2 with the Agreement or Original Agreement. 

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

4 interfere with one or more of the following: 

5 (A) Implementation of the Project pursu6 ant to the terms of the Agreement or Original 

7 Agreement. 

8 (B) Deliveries of water by the Project pur9 suant to the terms of— 

10 (i) the Agreement; 

11 (ii) the Original Agreement; or 

12 (iii) the February 28, 2006, Water 

13 Banking Trust Agreement between Washoe 

14 County and Fish Springs. 

15 (C) Assignments of water rights credits 

16 pursuant to the terms of the February 28, 

17 2006, Water Banking Trust Agreement be18 tween Washoe County and Fish Springs. 

19 (4) All claims against Fish Springs relating in 

20 any manner to the negotiation or adoption of the 

21 Agreement or the Original Agreement. 

22 (b) RESERVATION OF RIGHTS AND RETENTION OF

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

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

25 Tribe, shall retain against Fish Springs the following: 
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1 (1) All claims for enforcement of the Agree2 ment, the Original Agreement or this Act through 

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

4 Court for the District of Nevada. 

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

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

7 release by the Tribe in subsection (a)— 

8 (A) the right to assert and protect any 

9 right of the Tribe to surface or groundwater 

10 and any other trust resource, including the 

11 right to assert a senior priority against or to 

12 place a call for water on any water right other 

13 than against the Project or Fish Springs water 

14 rights; 

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

16 a water right in accordance with applicable law 

17 and to use and protect any water right acquired 

18 after the date of the enactment of this Act that 

19 is not in conflict with the Agreement, the Origi20 nal Agreement or this Act; and 

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

22 immunities, powers, and claims not specifically 

23 waived and released pursuant to this Act and 

24 the Agreement. 

25 (3) The right to enforce— 
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1 (A) the Tribe’s rights against any party to 

2 the Truckee River Operating Agreement; 

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

4 the Truckee River Water Quality Settlement 

5 Agreement; and 

6 (C) whatever rights exist to seek compli7 ance with any permit issued to any wastewater 

8 treatment or reclamation facility treating waste9 water generated by users of Project water. 

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

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

12 lands issued to Fish Springs for the Project and 

13 Project water. 

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

15 AGAINST THE UNITED STATES.—In return for the bene16 fits to the Tribe as set forth in the Agreement, the Origi17 nal Agreement, and this Act, the Tribe, on behalf of itself 

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

19 a waiver and release of all claims against the United 

20 States, including the agencies and employees of the United 

21 States, related to the Project and Fish Springs water 

22 rights (including additional Fish Springs water rights) 

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

24 Springs makes the payment to the Tribe as provided in 
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1 Paragraph 4 of the Agreement for damages, losses or inju2 ries that are related to— 

3 (1) the Project, Fish Springs water rights (in4 cluding additional Fish Springs water rights), and 

5 the implementation, operation, or approval of the 

6 Project, including claims related to— 

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

8 natural resources due to loss of water or water 

9 rights (including damages, losses, or injuries to 

10 hunting, fishing, and gathering rights due to 

11 loss of water, water rights or subordination of 

12 water rights) resulting from the Project or Fish 

13 Springs water rights (including additional Fish 

14 Springs water rights); 

15 (B) interference with, diversion, or taking 

16 of water resulting from the Project; or 

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

18 develop water, water rights, or water infrastruc19 ture as a result of the Project or Fish Springs 

20 water rights (including additional Fish Springs 

21 water rights); 

22 (2) the record of decision, the environmental 

23 impact statement, the Agreement or the Original 

24 Agreement; 
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1 (3) claims the United States, acting as trustee 

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

3 asserted in any past proceeding related to the 

4 Project; 

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

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

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

8 paid to the Tribe under the Agreement or the Origi9 nal Agreement; 

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

11 under the Original Agreement; and 

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

13 satisfaction of the obligations of the United States 

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

15 (d) RESERVATION OF RIGHTS AND RETENTION OF

16 CLAIMS BY TRIBE AGAINST THE UNITED STATES.—Not17 withstanding the waivers and releases authorized in this 

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

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

20 (1) All claims for enforcement of this Act 

21 through such legal and equitable remedies as are 

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

23 of Nevada. 

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

25 terms of any permit or right-of-way across Federal 
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1 lands issued to Fish Springs for the Project and 

2 Project water. 

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

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

5 privileges, immunities, powers, and claims not spe6 cifically waived and released pursuant to this Act 

7 and the Agreement. 

8 (e) EXTINGUISHMENT OF WAIVED AND RELEASED

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

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

11 final payment by Fish Springs pursuant to the terms of 

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

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

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

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

16 and releases of claims authorized, the waived and released 

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

18 (f) NO UNITED STATES LIABILITY FOR WAIVED

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

20 claims waived and released by the Tribe pursuant to this 

21 Act. 

22 (g) UNITED STATES RESERVATION OF RIGHTS.— 

23 Nothing in this Act shall affect any rights, remedies, privi24 leges, immunities, or powers of the United States, includ25 ing the right to enforce the terms of the right-of-way 
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1 across Federal lands for the Project granted by the Sec2 retary to Fish Springs pursuant to the Federal Lands Pol3 icy and Management Act of 1976 (43 U.S.C. 1701 et 

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

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

6 pursuant to subsection (e). 

7 (h) EFFECTIVE DATE OF WAIVERS AND RELEASES

8 OF CLAIMS.—The waivers and releases authorized under 

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

10 Springs makes the payment to the Tribe as provided in 

11 subparagraph 4.2 of the Agreement. 

12 SEC. 5. SATISFACTION OF CLAIMS. 

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

14 under the Agreement, the Original Agreement, and this 

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

16 of the Tribe waived and released pursuant to section 4 

17 and pursuant to the Original Agreement and any claims 

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

19 are extinguished pursuant to section 4. 

20 (b) EFFECT OF FAILURE TO EXECUTE WAIVERS

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

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

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

24 Agreement shall be null and void. 
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1 SEC. 6. BENEFICIARIES TO AGREEMENT. 

2 (a) REQUIREMENT.—The beneficiaries to the Agree3 ment shall be limited to— 

4 (1) the parties to the Agreement; 

5 (2) any municipal water purveyor that provides 

6 Project water for wholesale or retail water service to 

7 the area serviced by the Project; 

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

9 use Project water for purposes other than serving 

10 retail or wholesale customers; and 

11 (4) any assignee of Water Rights Credits for 

12 Project water pursuant to the terms of the February 

13 28, 2006, Water Banking Trust Agreement between 

14 Washoe County and Fish Springs. 

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

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

17 individual or entity third-party beneficiary status relating 

18 to the Agreement. 

19 SEC. 7. JURISDICTION. 

20 Jurisdiction over any civil action relating to the en21 forcement of the Agreement, the Original Agreement, or 

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

23 for the District of Nevada. 
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1 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

2 Nothing in this Act precludes the United States or 

3 the Tribe, when delegated regulatory authority, from en4 forcing Federal environmental laws, including— 

5 (1) the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 1980 (42 

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

8 for harm to natural resources; 

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

10 300f et seq.); 

11 (3) the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.); 

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

14 6901 et seq.); and 

15 (5) any regulation implementing one or more of 

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

17 SEC. 9. MISCELLANEOUS PROVISIONS. 

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

19 this Act establishes a standard for the quantification of 

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

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

22 administrative proceeding. 

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

24 Original Agreement, or this Act quantifies or otherwise 

25 adversely affects any water right, claim, or entitlement to 
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1 water, or any other right of any Indian tribe, band, or 

2 community other than the Tribe. 

Passed the House of Representatives July 22, 2014. 

Attest: 

Clerk. 
113TH CONGRESS 

2D SESSION H. R. 3716 

AN ACT 

To ratify a water settlement agreement affecting 

purposes. the Pyramid Lake Paiute Tribe, and for other