IB 

Union Calendar No. 398 

113TH CONGRESS 

2D SESSION H. R. 3716 

[Report No. 113–532] 

To ratify a water settlement agreement affecting the Pyramid Lake Paiute 

Tribe, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

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

Committee on Natural Resources 

JULY 17, 2014 

Additional sponsor: Mr. HORSFORD

JULY 17, 2014 

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

and ordered to be printed 


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A BILL 

To ratify a water settlement agreement affecting the 

Pyramid Lake Paiute Tribe, and for other purposes. 


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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. 

Sec. 6. Beneficiaries to agreement. 

Sec. 7. Jurisdiction. 

Sec. 8. Environmental compliance. 

Sec. 9. Miscellaneous provisions. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) ORIGINAL AGREEMENT.—The term ‘‘Origi12 nal Agreement’’ means the ‘‘Pyramid Lake Paiute 

13 Tribe Fish Springs Ranch Settlement Agreement’’ 

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

15 Fish Springs (including all exhibits to that agree16 ment). 

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

18 means the Pyramid Lake Paiute Tribe-Fish Springs 

19 Ranch 2013 Supplement to the 2007 Settlement 

20 Agreement dated November 20, 2013, entered into 


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

2 that Agreement. 

3 (3) ENVIRONMENTAL IMPACT STATEMENT.— 

4 The term ‘‘environmental impact statement’’ means 

5 the final environmental impact statement for the 

6 North Valleys Rights-of-Way Projects prepared by 

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

8 68473). 

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

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

11 which the Tribe executes the waivers, as authorized 

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

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

14 interest pursuant to subparagraph 4.2 of the Agree15 ment. 

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

17 means the Fish Springs Ranch, LLC, a Nevada lim18 ited liability company (or a successor in interest). 

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

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

21 feet of water available to Fish Springs pursuant to 

22 certificates of water rights issued to Fish Springs or 

23 its predecessors in interest by the State Engineer for 

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

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


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1 (7) ADDITIONAL FISH SPRINGS WATER

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

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

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

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

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

7 Ruling No. 3787 signed by the State Engineer for 

8 the State of Nevada on March 1, 1991, and Supple9 mental Ruling on Remand No. 3787A signed by the 

10 State Engineer for the State of Nevada on October 

11 9, 1992. 

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

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

14 Valley Hydrographic Basin described as Nevada Hy15 drographic Water Basin 97. 

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

17 project for pumping within Honey Lake Valley 

18 Basin and transfer outside of the basin by Fish 

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

20 of Fish Springs water rights, including— 

21 (A) not more than 8,000 acre feet as de22 scribed in the environmental impact statement 

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

24 Project described in the environmental impact 

25 statement) and the record of decision; 


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

2 Fish Springs water rights; and 

3 (C) the rights and approvals for Fish 

4 Springs to pump and transfer up to said 

5 13,000 acre feet of groundwater per year. 

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

7 of decision’’ means the public record of the decision 

8 of the District Manager of the United States Bureau 

9 of Land Management’s Carson City District in the 

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

11 the environmental impact statement and the Project. 

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

13 means the Secretary of the Interior (or a designee 

14 of the Secretary). 

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

16 Pyramid Lake Paiute Tribe of Indians organized 

17 under section 16 of the Act of June 18, 1934 (com18 monly known as the ‘‘Indian Reorganization Act’’; 

19 25 U.S.C. 476). 

20 (13) TRUCKEE RIVER OPERATING AGREE21 MENT.—The term ‘‘Truckee River Operating Agree22 ment’’ means— 

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

24 Operating Agreement negotiated for the pur25 pose of carrying out the terms of the TruckeeVerDate Mar 15 2010 03:04 Jul 18, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3716.RH H3716

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1 Carson-Pyramid Lake Water Rights Settlement 

2 Act (Public Law 101–618); and 

3 (B) any final, signed version of the Truck4 ee River Operating Agreement that becomes ef5 fective under the terms of the Truckee-Carson6 Pyramid Lake Water Rights Settlement Act. 

7 SEC. 3. RATIFICATION OF AGREEMENT. 

8 (a) IN GENERAL.—Except to the extent that a provi9 sion of the Agreement conflicts with this Act, the Agree10 ment is authorized and ratified. 

11 (b) WAIVER AND RETENTION OF CLAIMS.—Notwith12 standing any provision of the Agreement, any waiver or 

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

14 shall be carried out in accordance with section 4. 

15 (c) COMPLIANCE WITH APPLICABLE LAW.—This sec16 tion, the Original Agreement, and the Agreement satisfy 

17 all applicable requirements of section 2116 of the Revised 

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

19 SEC. 4. WAIVER AND RELEASES OF CLAIMS. 

20 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBE

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

22 Tribe as set forth in the Original Agreement, the Agree23 ment, and this Act, the Tribe, on behalf of itself and the 

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

25 and release against Fish Springs of the following: 


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

2 law to challenge the validity, characteristics, or exer3 cise of the Project or use of Fish Springs water 

4 rights (including additional Fish Springs water 

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

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

7 or Fish Springs water rights (including additional 

8 Fish Springs water rights) regardless of the extent 

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

10 establishes a water right that is senior to the Project 

11 or Fish Springs water rights (including additional 

12 Fish Springs water rights). 

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

14 the Tribe’s water rights or claims of interference 

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

16 rights, including— 

17 (A) claims for injury to lands or resources 

18 resulting from such damages, losses, injuries, or 

19 interference with, diversion of, or taking of trib20 al water rights under the Agreement or Original 

21 Agreement; and 

22 (B) claims relating to the quality of water 

23 underlying the Pyramid Lake Indian Reserva24 tion that are related to use of Fish Springs 

25 water rights (including additional Fish Springs 


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1 water rights) by the Project or the implementa2 tion or operation of the Project in accordance 

3 with the Agreement or Original Agreement. 

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

5 interfere with one or more of the following: 

6 (A) Implementation of the Project pursu7 ant to the terms of the Agreement or Original 

8 Agreement. 

9 (B) Deliveries of water by the Project pur10 suant to the terms of— 

11 (i) the Agreement; 

12 (ii) the Original Agreement; or 

13 (iii) the February 28, 2006, Water 

14 Banking Trust Agreement between Washoe 

15 County and Fish Springs. 

16 (C) Assignments of water rights credits 

17 pursuant to the terms of the February 28, 

18 2006, Water Banking Trust Agreement be19 tween Washoe County and Fish Springs. 

20 (4) All claims against Fish Springs relating in 

21 any manner to the negotiation or adoption of the 

22 Agreement or the Original Agreement. 

23 (b) RESERVATION OF RIGHTS AND RETENTION OF

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


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

2 Tribe, shall retain against Fish Springs the following: 

3 (1) All claims for enforcement of the Agree4 ment, the Original Agreement or this Act through 

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

6 Court for the District of Nevada. 

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

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

9 release by the Tribe in subsection (a)— 

10 (A) the right to assert and protect any 

11 right of the Tribe to surface or groundwater 

12 and any other trust resource, including the 

13 right to assert a senior priority against or to 

14 place a call for water on any water right other 

15 than against the Project or Fish Springs water 

16 rights; 

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

18 a water right in accordance with applicable law 

19 and to use and protect any water right acquired 

20 after the date of the enactment of this Act that 

21 is not in conflict with the Agreement, the Origi22 nal Agreement or this Act; and 

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

24 immunities, powers, and claims not specifically 


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1 waived and released pursuant to this Act and 

2 the Agreement. 

3 (3) The right to enforce— 

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

5 the Truckee River Operating Agreement; 

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

7 the Truckee River Water Quality Settlement 

8 Agreement; and 

9 (C) whatever rights exist to seek compli10 ance with any permit issued to any wastewater 

11 treatment or reclamation facility treating waste12 water generated by users of Project water. 

13 (4) 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 (c) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE

18 AGAINST THE UNITED STATES.—In return for the bene19 fits to the Tribe as set forth in the Agreement, the Origi20 nal Agreement, and this Act, the Tribe, on behalf of itself 

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

22 a waiver and release of all claims against the United 

23 States, including the agencies and employees of the United 

24 States, related to the Project and Fish Springs water 

25 rights (including additional Fish Springs water rights) 


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

2 Springs makes the payment to the Tribe as provided in 

3 Paragraph 4 of the Agreement for damages, losses or inju4 ries that are related to— 

5 (1) the Project, Fish Springs water rights (in6 cluding additional Fish Springs water rights), and 

7 the implementation, operation, or approval of the 

8 Project, including claims related to— 

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

10 natural resources due to loss of water or water 

11 rights (including damages, losses, or injuries to 

12 hunting, fishing, and gathering rights due to 

13 loss of water, water rights or subordination of 

14 water rights) resulting from the Project or Fish 

15 Springs water rights (including additional Fish 

16 Springs water rights); 

17 (B) interference with, diversion, or taking 

18 of water resulting from the Project; or 

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

20 develop water, water rights, or water infrastruc21 ture as a result of the Project or Fish Springs 

22 water rights (including additional Fish Springs 

23 water rights); 


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1 (2) the record of decision, the environmental 

2 impact statement, the Agreement or the Original 

3 Agreement; 

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

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

6 asserted in any past proceeding related to the 

7 Project; 

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

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

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

11 paid to the Tribe under the Agreement or the Origi12 nal Agreement; 

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

14 under the Original Agreement; and 

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

16 satisfaction of the obligations of the United States 

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

18 (d) RESERVATION OF RIGHTS AND RETENTION OF

19 CLAIMS BY TRIBE AGAINST THE UNITED STATES.—Not20 withstanding the waivers and releases authorized in this 

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

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

23 (1) All claims for enforcement of this Act 

24 through such legal and equitable remedies as are 


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

2 of Nevada. 

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

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

5 lands issued to Fish Springs for the Project and 

6 Project water. 

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

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

9 privileges, immunities, powers, and claims not spe10 cifically waived and released pursuant to this Act 

11 and the Agreement. 

12 (e) EXTINGUISHMENT OF WAIVED AND RELEASED

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

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

15 final payment by Fish Springs pursuant to the terms of 

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

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

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

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

20 and releases of claims authorized, the waived and released 

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

22 (f) NO UNITED STATES LIABILITY FOR WAIVED

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

24 claims waived and released by the Tribe pursuant to this 

25 Act. 


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1 (g) UNITED STATES RESERVATION OF RIGHTS.— 

2 Nothing in this Act shall affect any rights, remedies, privi3 leges, immunities, or powers of the United States, includ4 ing the right to enforce the terms of the right-of-way 

5 across Federal lands for the Project granted by the Sec6 retary to Fish Springs pursuant to the Federal Lands Pol7 icy and Management Act of 1976 (43 U.S.C. 1701 et 

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

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

10 pursuant to subsection (e). 

11 (h) EFFECTIVE DATE OF WAIVERS AND RELEASES

12 OF CLAIMS.—The waivers and releases authorized under 

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

14 Springs makes the payment to the Tribe as provided in 

15 subparagraph 4.2 of the Agreement. 

16 SEC. 5. SATISFACTION OF CLAIMS. 

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

18 under the Agreement, the Original Agreement, and this 

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

20 of the Tribe waived and released pursuant to section 4 

21 and pursuant to the Original Agreement and any claims 

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

23 are extinguished pursuant to section 4. 

24 (b) EFFECT OF FAILURE TO EXECUTE WAIVERS

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


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

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

3 Agreement shall be null and void. 

4 SEC. 6. BENEFICIARIES TO AGREEMENT. 

5 (a) REQUIREMENT.—The beneficiaries to the Agree6 ment shall be limited to— 

7 (1) the parties to the Agreement; 

8 (2) any municipal water purveyor that provides 

9 Project water for wholesale or retail water service to 

10 the area serviced by the Project; 

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

12 use Project water for purposes other than serving 

13 retail or wholesale customers; and 

14 (4) any assignee of Water Rights Credits for 

15 Project water pursuant to the terms of the February 

16 28, 2006, Water Banking Trust Agreement between 

17 Washoe County and Fish Springs. 

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

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

20 individual or entity third-party beneficiary status relating 

21 to the Agreement. 

22 SEC. 7. JURISDICTION. 

23 Jurisdiction over any civil action relating to the en24 forcement of the Agreement, the Original Agreement, or 


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

2 for the District of Nevada. 

3 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

4 Nothing in this Act precludes the United States or 

5 the Tribe, when delegated regulatory authority, from en6 forcing Federal environmental laws, including— 

7 (1) the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42 

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

10 for harm to natural resources; 

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

12 300f et seq.); 

13 (3) the Federal Water Pollution Control Act 

14 (33 U.S.C. 1251 et seq.); 

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

16 6901 et seq.); and 

17 (5) any regulation implementing one or more of 

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

19 SEC. 9. MISCELLANEOUS PROVISIONS. 

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

21 this Act establishes a standard for the quantification of 

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

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

24 administrative proceeding. 


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

2 Original Agreement, or this Act quantifies or otherwise 

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

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

5 community other than the Tribe. 


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Union Calendar No. 398 

113TH CONGRESS 

2D SESSION H. R. 3716 

[Report No. 113–532] 

A BILL 

To ratify a water settlement agreement affecting 

purposes. the Pyramid Lake Paiute Tribe, and for other 

JULY 17, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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