II 

117TH CONGRESS 

1ST SESSION S. 3308 

To authorize the Colorado River Indian Tribes to enter into lease or exchange 

agreements and storage agreements relating to water of the Colorado 

River allocated to the Colorado River Indian Tribes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 2, 2021 

Mr. KELLY (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To authorize the Colorado River Indian Tribes to enter into 

lease or exchange agreements and storage agreements 

relating to water of the Colorado River allocated to the 

Colorado River Indian Tribes, 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. 

4 This Act may be cited as the ‘‘Colorado River Indian 

5 Tribes Water Resiliency Act of 2021’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to authorize the CRIT to enter into lease or 

2 exchange agreements and storage agreements for the 

3 economic well-being of the CRIT; and 

4 (2) to authorize the Secretary to approve any 

5 lease or exchange agreements or storage agreements 

6 entered into by the CRIT. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ALLOTTEE.—The term ‘‘allottee’’ means an 

10 individual who holds a beneficial real property inter11 est in an allotment of Indian land that is— 

12 (A) located within the exterior boundaries 

13 of the Reservation; and 

14 (B) held in trust by the United States. 

15 (2) CONSOLIDATED DECREE.—The term ‘‘Con16 solidated Decree’’ means the decree entered by the 

17 Supreme Court of the United States in Arizona v. 

18 California, 547 U.S. 150 (2006). 

19 (3) CONSUMPTIVE USE.—The term ‘‘consump20 tive use’’ means a portion of the decreed allocation 

21 that has been consumptively used by the CRIT with22 in the exterior boundary of the Reservation for a 

23 minimum of 4 of the 5 years immediately preceding 

24 the year of delivery of a portion of the decreed allo25 cation according to a lease or exchange agreement or 


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1 storage agreement. Any verified reduction in con2 sumptive use pursuant to a system conservation 

3 agreement, a lease or exchange agreement, or stor4 age agreement, or from the creation of intentionally 

5 created surplus, shall be deemed to be a consumptive 

6 use in the year in which the reduction occurred, if 

7 the reduction is reflected in the Water Accounting 

8 Report. 

9 (4) CRIT.—The term ‘‘CRIT’’ means the Colo10 rado River Indian Tribes, a federally recognized In11 dian Tribe. 

12 (5) DECREED ALLOCATION.—The term ‘‘de13 creed allocation’’ means the volume of water of the 

14 mainstream of the Colorado River allocated to the 

15 CRIT that is accounted for as part of the apportion16 ment for the State in part I–A of the Appendix of 

17 the Consolidated Decree. 

18 (6) LOWER BASIN.—The term ‘‘Lower Basin’’ 

19 has the meaning given the term in article II(g) of 

20 the Colorado River Compact of 1922, as approved by 

21 Congress in section 13 of the Boulder Canyon 

22 Project Act (43 U.S.C. 617l), and by the Presi23 dential Proclamation of June 25, 1929 (46 Stat. 

24 3000). 


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1 (7) PERSON.—The term ‘‘person’’ means an in2 dividual, a public or private corporation, a company, 

3 a partnership, a joint venture, a firm, an associa4 tion, a society, an estate or trust, a private organiza5 tion or enterprise, the United States, any Indian 

6 Tribe, a governmental entity, or a political subdivi7 sion or municipal corporation organized under, or 

8 subject to, the constitution and laws of the State. 

9 (8) RESERVATION.—The term ‘‘Reservation’’ 

10 means the portion of the reservation established for 

11 the CRIT that is located in the State. 

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

13 the Secretary of the Interior. 

14 (10) STATE.—Except for purposes of section 

15 15, the term ‘‘State’’ means the State of Arizona. 

16 (11) STORAGE.—The term ‘‘storage’’ means the 

17 underground storage, in accordance with State law, 

18 of a portion of the consumptive use off the Reserva19 tion within the Lower Basin in the State. 

20 (12) WATER ACCOUNTING REPORT.—The term 

21 ‘‘Water Accounting Report’’ means the annual re22 port of the Bureau of Reclamation entitled the ‘‘Col23 orado River Accounting and Water Use Report: Ari24 zona, California, and Nevada’’ which includes the 


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1 compilation of records in accordance with article V 

2 of the Consolidated Decree. 

3 SEC. 4. LEASE OR EXCHANGE AGREEMENTS. 

4 (a) AUTHORIZATION.—Notwithstanding section 2116 

5 of the Revised Statutes (commonly known as the ‘‘Indian 

6 Trade and Intercourse Act’’) (25 U.S.C. 177) or any other 

7 provision of law, the CRIT is authorized to, subject to the 

8 approval of the Secretary under section 6(a), and has the 

9 sole authority to, enter into, with any person, an agree10 ment to lease or exchange, or an option to lease or ex11 change, a portion of the consumptive use for a use off 

12 the Reservation (referred to in this Act as a ‘‘lease or ex13 change agreement’’), on the condition that the use off the 

14 Reservation is located in the Lower Basin in the State. 

15 (b) TERM OF LEASE OR EXCHANGE AGREEMENT.— 

16 The term of any lease or exchange agreement entered into 

17 under subsection (a) shall be mutually agreed, except that 

18 the term shall not exceed 100 years. 

19 (c) MODIFICATIONS.—Any lease or exchange agree20 ment entered into under subsection (a) may be renegoti21 ated or modified at any time during the term of the lease 

22 or exchange agreement, subject to the approval of the Sec23 retary under section 6(a), on the condition that the term 

24 of the renegotiated lease or exchange agreement does not 

25 exceed 100 years. 


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1 (d) APPLICABLE LAW.—Any person entering into a 

2 lease or exchange agreement with the CRIT under this 

3 section shall use the water received under the lease or ex4 change agreement in accordance with applicable Federal 

5 and State law. 

6 SEC. 5. STORAGE AGREEMENTS. 

7 (a) AUTHORIZATION.—Notwithstanding section 2116 

8 of the Revised Statutes (commonly known as the ‘‘Indian 

9 Trade and Intercourse Act’’) (25 U.S.C. 177) or any other 

10 provision of law, the CRIT is authorized to, subject to the 

11 approval of the Secretary under section 6(a), and has the 

12 sole authority to, enter into an agreement, including with 

13 the Arizona Water Banking Authority (or successor agen14 cy or entity), for the storage of a portion of the consump15 tive use, or the water received under an exchange pursuant 

16 to an exchange agreement under section 4, at 1 or more 

17 underground storage facilities or groundwater savings fa18 cilities off the Reservation (referred to in this Act as a 

19 ‘‘storage agreement’’), on the condition that the facility 

20 shall be located in the Lower Basin in the State. 

21 (b) APPLICABLE LAW.—Any storage agreement en22 tered into under this section shall be in accordance with 

23 applicable Federal and State law. 

24 (c) DELEGATION OF RIGHTS.—The CRIT may assign 

25 or sell any longterm storage credits accrued as a result 


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1 of a storage agreement, on the condition that the assign2 ment or sale is in accordance with applicable State law. 

3 SEC. 6. APPROVAL BY THE SECRETARY. 

4 (a) AUTHORIZATION.—The Secretary shall approve 

5 or disapprove any lease or exchange agreement, or any 

6 modification to a lease or exchange agreement, or any 

7 storage agreement. 

8 (b) REQUIREMENTS.— 

9 (1) IN GENERAL.—The Secretary shall not ap10 prove any lease or exchange agreement, or any modi11 fication to a lease or exchange agreement, or any 

12 storage agreement that is not in compliance with— 

13 (A) this Act; and 

14 (B) the agreement entered into between 

15 the CRIT, the State, and the Secretary under 

16 section 9(a). 

17 (2) PERMANENT ALIENATION.—The Secretary 

18 shall not approve any lease or exchange agreement, 

19 or any modification to a lease or exchange agree20 ment, or any storage agreement that permanently 

21 alienates any portion of the CRIT decreed allocation. 

22 (c) OTHER REQUIREMENTS.—The requirement for 

23 Secretarial approval under subsection (a) shall satisfy the 

24 requirements of section 2116 of the Revised Statutes 


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1 (commonly known as the ‘‘Indian Trade and Intercourse 

2 Act’’) (25 U.S.C. 177). 

3 (d) AUTHORITY OF THE SECRETARY.—Nothing in 

4 this Act, or any agreement entered into or approved by 

5 the Secretary under this Act, including any lease or ex6 change agreement or storage agreement, shall diminish or 

7 abrogate the authority of the Secretary to act under appli8 cable Federal law or regulation, including the Consoli9 dated Decree. 

10 SEC. 7. RESPONSIBILITIES OF THE SECRETARY. 

11 (a) COMPLIANCE.—The Secretary, when approving a 

12 lease or exchange agreement or a storage agreement under 

13 this Act, shall ensure such agreement complies with— 

14 (1) the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.); 

16 (2) the Endangered Species Act of 1973 (16 

17 U.S.C. 1531 et seq.); and 

18 (3) all other applicable Federal environmental 

19 laws. 

20 (b) DOCUMENTATION.—The Secretary shall docu21 ment any lease or exchange agreement or storage agree22 ment in the Water Accounting Report. 

23 SEC. 8. AGREEMENT BETWEEN THE CRIT AND THE STATE. 

24 (a) IN GENERAL.—Prior to entering into the first 

25 lease or exchange agreement or storage agreement, the 


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1 CRIT shall enter into an agreement with the State that 

2 outlines all notice, information sharing, and collaboration 

3 requirements that shall apply to any potential lease or ex4 change agreement or storage agreement the CRIT may 

5 enter into. 

6 (b) REQUIREMENT.—The agreement under sub7 section (a) shall include a provision that requires the 

8 CRIT to submit to the State all documents regarding a 

9 potential lease or exchange agreement or storage agree10 ment. 

11 SEC. 9. AGREEMENT BETWEEN THE CRIT, THE STATE, AND 

12 THE SECRETARY. 

13 (a) IN GENERAL.—Prior to approving the first lease 

14 or exchange agreement or storage agreement under sec15 tion 6, the Secretary shall enter into an agreement with 

16 the State and the CRIT that describes the procedural, 

17 technical, and accounting methodologies for any lease or 

18 exchange agreement or storage agreement the CRIT may 

19 enter into, including quantification of the reduction in con20 sumptive use and water accounting. 

21 (b) NEPA.—The execution of the agreement under 

22 subsection (a) shall not constitute a major Federal action 

23 for purposes of the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.). 


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1 (c) EFFECT.—Nothing in this Act shall prohibit the 

2 Secretary from agreeing with the CRIT and the State to 

3 a modification to an agreement entered into under sub4 section (a) (including an appendix or exhibit to the agree5 ment) on the condition that the modification— 

6 (1) is in compliance with this Act; and 

7 (2) does not otherwise require congressional ap8 proval under section 2116 of the Revised Statutes 

9 (commonly known as the ‘‘Indian Trade and Inter10 course Act’’) (25 U.S.C. 177) or any other provision 

11 of law. 

12 SEC. 10. NO EFFECT ON THE CRIT DECREED ALLOCATION. 

13 (a) TEMPORARY USE.—A lease or exchange agree14 ment or storage agreement— 

15 (1) shall provide for the temporary use or stor16 age of a portion of the consumptive use off the Res17 ervation; and 

18 (2) shall not permanently alienate the decreed 

19 allocation. 

20 (b) PRIORITY STATUS.— 

21 (1) IN GENERAL.—The lease or exchange of a 

22 portion of the consumptive use shall not cause that 

23 portion to lose or change its priority under the Con24 solidated Decree. 


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1 (2) NONUSE.—Any nonuse by a person who is 

2 a party to any lease or exchange agreement or stor3 age agreement with the CRIT shall not result in for4 feiture, abandonment, relinquishment, or other loss 

5 by the CRIT of all or any portion of the decreed al6 location. 

7 (c) RESERVATION OF RIGHTS.—The lease, exchange, 

8 or storage of a portion of the consumptive use shall not 

9 reduce or limit the right of the CRIT to use the remaining 

10 portion of the decreed allocation on the Reservation. 

11 (d) STORAGE AGREEMENTS.—Any storage agreement 

12 shall account for the quantity of water in storage off the 

13 Reservation in accordance with applicable State law. 

14 SEC. 11. ALLOTTEE USE OF WATER. 

15 (a) INTERFERENCE.—The lease, exchange, or storage 

16 of a portion of the consumptive use shall not directly or 

17 indirectly interfere with, or diminish, any entitlement to 

18 water for an allottee under Federal or Tribal law. 

19 (b) WATER RIGHTS OF ALLOTTEES.—The Secretary 

20 shall protect the rights of the allottees to a just and equi21 table distribution of water for irrigation purposes, pursu22 ant to section 7 of the Act of February 8, 1887 (commonly 

23 known as the ‘‘Indian General Allotment Act’’) (24 Stat. 

24 390, chapter 119; 25 U.S.C. 381) (referred to in this sec25 tion as the ‘‘Act’’). 


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1 (c) RELIEF UNDER TRIBAL LAW.—Prior to asserting 

2 any claim against the United States pursuant to the Act, 

3 or any other applicable law, an allottee shall exhaust all 

4 remedies available under applicable Tribal law. 

5 (d) RELIEF UNDER THE INDIAN GENERAL ALLOT6 MENT ACT.—Following an exhaustion of remedies avail7 able under applicable Tribal law, an allottee may seek re8 lief under the Act, or any other applicable law. 

9 (e) RELIEF FROM THE SECRETARY.—Following ex10 haustion of remedies available under the Act, or any other 

11 applicable law, an allottee may petition the Secretary for 

12 relief. 

13 SEC. 12. CONSIDERATION PAID TO THE CRIT. 

14 The CRIT, and not the United States in any capac15 ity, shall be entitled to all consideration due to the CRIT 

16 under any lease or exchange agreement or storage agree17 ment. 

18 SEC. 13. LIABILITY OF THE UNITED STATES. 

19 (a) LIMITATION OF LIABILITY.—The United States 

20 shall not be liable in any claim relating to the negotiation, 

21 execution, or approval of any lease or exchange agreement 

22 or storage agreement, including any claims relating to the 

23 terms included in such an agreement. 


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1 (b) OBLIGATIONS.—The United States shall have no 

2 trust obligation or other obligation to monitor, administer, 

3 or account for— 

4 (1) any funds received by the CRIT as consid5 eration under any lease or exchange agreement or 

6 storage agreement; or 

7 (2) the expenditure of such funds. 

8 SEC. 14. APPLICATION. 

9 (a) IN GENERAL.—This Act shall apply only to the 

10 portion of the decreed allocation that is available for use 

11 in the State. 

12 (b) REQUIREMENT.—The portion of the decreed allo13 cation described in subsection (a) shall not be used, di14 rectly or indirectly, outside the Lower Basin in the State. 

15 SEC. 15. RULE OF CONSTRUCTION. 

16 Nothing in this Act establishes, or shall be considered 

17 to establish, a precedent in any litigation involving, or al18 ters, affects, or quantifies, any water right with respect 

19 to— 

20 (1) the United States; 

21 (2) any other Indian Tribe, band, or commu22 nity; 

23 (3) any State or political subdivision or district 

24 of a State; or 


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1 (4) any person. 

Æ 


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