II 

Calendar No. 682 

117TH CONGRESS 

2D 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, Ms. SINEMA, Mrs. FEINSTEIN, and Mr. PADILLA) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

DECEMBER 19, 2022 

Reported by Mr. SCHATZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Tribes Water Resiliency Act of 2021’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

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

7 exchange agreements and storage agreements for the 

8 economic well-being of the CRIT; and 

9 (2) to authorize the Secretary to approve any 

10 lease or exchange agreements or storage agreements 

11 entered into by the CRIT. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

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

15 individual who holds a beneficial real property inter16 est in an allotment of Indian land that is— 

17 (A) located within the exterior boundaries 

18 of the Reservation; and 

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

20 (2) CONSOLIDATED DECREE.—The term ‘‘Con21 solidated Decree’’ means the decree entered by the 

22 Supreme Court of the United States in Arizona v. 

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

24 (3) CONSUMPTIVE USE.—The term ‘‘consump25 tive use’’ means a portion of the decreed allocation 

26 that has been consumptively used by the CRIT withVerDate Sep 11 2014 06:47 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3308.RS S3308

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1 in the exterior boundary of the Reservation for a 

2 minimum of 4 of the 5 years immediately preceding 

3 the year of delivery of a portion of the decreed allo4 cation according to a lease or exchange agreement or 

5 storage agreement. Any verified reduction in con6 sumptive use pursuant to a system conservation 

7 agreement, a lease or exchange agreement, or stor8 age agreement, or from the creation of intentionally 

9 created surplus, shall be deemed to be a consumptive 

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

11 the reduction is reflected in the Water Accounting 

12 Report. 

13 (4) CRIT.—The term ‘‘CRIT’’ means the Colo14 rado River Indian Tribes, a federally recognized In15 dian Tribe. 

16 (5) DECREED ALLOCATION.—The term ‘‘de17 creed allocation’’ means the volume of water of the 

18 mainstream of the Colorado River allocated to the 

19 CRIT that is accounted for as part of the apportion20 ment for the State in part I–A of the Appendix of 

21 the Consolidated Decree. 

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

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

24 the Colorado River Compact of 1922, as approved by 

25 Congress in section 13 of the Boulder Canyon 


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1 Project Act (43 U.S.C. 617l), and by the Presi2 dential Proclamation of June 25, 1929 (46 Stat. 

3 3000). 

4 (7) PERSON.—The term ‘‘person’’ means an in5 dividual, a public or private corporation, a company, 

6 a partnership, a joint venture, a firm, an associa7 tion, a society, an estate or trust, a private organiza8 tion or enterprise, the United States, any Indian 

9 Tribe, a governmental entity, or a political subdivi10 sion or municipal corporation organized under, or 

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

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

13 means the portion of the reservation established for 

14 the CRIT that is located in the State. 

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

16 the Secretary of the Interior. 

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

18 15, the term ‘‘State’’ means the State of Arizona. 

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

20 underground storage, in accordance with State law, 

21 of a portion of the consumptive use off the Reserva22 tion within the Lower Basin in the State. 

23 (12) WATER ACCOUNTING REPORT.—The term 

24 ‘‘Water Accounting Report’’ means the annual re25 port of the Bureau of Reclamation entitled the ‘‘ColVerDate Sep 11 2014 06:47 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3308.RS S3308

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1 orado River Accounting and Water Use Report: Ari2 zona, California, and Nevada’’ which includes the 

3 compilation of records in accordance with article V 

4 of the Consolidated Decree. 

5 SEC. 4. LEASE OR EXCHANGE AGREEMENTS. 

6 (a) AUTHORIZATION.—Notwithstanding section 2116 

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

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

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

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

11 sole authority to, enter into, with any person, an agree12 ment to lease or exchange, or an option to lease or ex13 change, a portion of the consumptive use for a use off 

14 the Reservation (referred to in this Act as a ‘‘lease or ex15 change agreement’’), on the condition that the use off the 

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

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

18 The term of any lease or exchange agreement entered into 

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

20 the term shall not exceed 100 years. 

21 (c) MODIFICATIONS.—Any lease or exchange agree22 ment entered into under subsection (a) may be renegoti23 ated or modified at any time during the term of the lease 

24 or exchange agreement, subject to the approval of the Sec25 retary under section 6(a), on the condition that the term 


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1 of the renegotiated lease or exchange agreement does not 

2 exceed 100 years. 

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

4 lease or exchange agreement with the CRIT under this 

5 section shall use the water received under the lease or ex6 change agreement in accordance with applicable Federal 

7 and State law. 

8 SEC. 5. STORAGE AGREEMENTS. 

9 (a) AUTHORIZATION.—Notwithstanding section 2116 

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

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

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

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

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

15 the Arizona Water Banking Authority (or successor agen16 cy or entity), for the storage of a portion of the consump17 tive use, or the water received under an exchange pursuant 

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

19 underground storage facilities or groundwater savings fa20 cilities off the Reservation (referred to in this Act as a 

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

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

23 (b) APPLICABLE LAW.—Any storage agreement en24 tered into under this section shall be in accordance with 

25 applicable Federal and State law. 


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

2 or sell any longterm storage credits accrued as a result 

3 of a storage agreement, on the condition that the assign4 ment or sale is in accordance with applicable State law. 

5 SEC. 6. APPROVAL BY THE SECRETARY. 

6 (a) AUTHORIZATION.—The Secretary shall approve 

7 or disapprove any lease or exchange agreement, or any 

8 modification to a lease or exchange agreement, or any 

9 storage agreement. 

10 (b) REQUIREMENTS.— 

11 (1) IN GENERAL.—The Secretary shall not ap12 prove any lease or exchange agreement, or any modi13 fication to a lease or exchange agreement, or any 

14 storage agreement that is not in compliance with— 

15 (A) this Act; and 

16 (B) the agreement entered into between 

17 the CRIT, the State, and the Secretary under 

18 section 9(a). 

19 (2) PERMANENT ALIENATION.—The Secretary 

20 shall not approve any lease or exchange agreement, 

21 or any modification to a lease or exchange agree22 ment, or any storage agreement that permanently 

23 alienates any portion of the CRIT decreed allocation. 

24 (c) OTHER REQUIREMENTS.—The requirement for 

25 Secretarial approval under subsection (a) shall satisfy the 


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1 requirements of section 2116 of the Revised Statutes 

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

3 Act’’) (25 U.S.C. 177). 

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

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

6 the Secretary under this Act, including any lease or ex7 change agreement or storage agreement, shall diminish or 

8 abrogate the authority of the Secretary to act under appli9 cable Federal law or regulation, including the Consoli10 dated Decree. 

11 SEC. 7. RESPONSIBILITIES OF THE SECRETARY. 

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

13 lease or exchange agreement or a storage agreement under 

14 this Act, shall ensure such agreement complies with— 

15 (1) the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.); 

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

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

19 (3) all other applicable Federal environmental 

20 laws. 

21 (b) DOCUMENTATION.—The Secretary shall docu22 ment any lease or exchange agreement or storage agree23 ment in the Water Accounting Report. 


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

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

3 lease or exchange agreement or storage agreement, the 

4 CRIT shall enter into an agreement with the State that 

5 outlines all notice, information sharing, and collaboration 

6 requirements that shall apply to any potential lease or ex7 change agreement or storage agreement the CRIT may 

8 enter into. 

9 (b) REQUIREMENT.—The agreement under sub10 section (a) shall include a provision that requires the 

11 CRIT to submit to the State all documents regarding a 

12 potential lease or exchange agreement or storage agree13 ment. 

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

15 THE SECRETARY. 

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

17 or exchange agreement or storage agreement under sec18 tion 6, the Secretary shall enter into an agreement with 

19 the State and the CRIT that describes the procedural, 

20 technical, and accounting methodologies for any lease or 

21 exchange agreement or storage agreement the CRIT may 

22 enter into, including quantification of the reduction in con23 sumptive use and water accounting. 

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

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


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1 for purposes of the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

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

4 Secretary from agreeing with the CRIT and the State to 

5 a modification to an agreement entered into under sub6 section (a) (including an appendix or exhibit to the agree7 ment) on the condition that the modification— 

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

9 (2) does not otherwise require congressional ap10 proval under section 2116 of the Revised Statutes 

11 (commonly known as the ‘‘Indian Trade and Inter12 course Act’’) (25 U.S.C. 177) or any other provision 

13 of law. 

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

15 (a) TEMPORARY USE.—A lease or exchange agree16 ment or storage agreement— 

17 (1) shall provide for the temporary use or stor18 age of a portion of the consumptive use off the Res19 ervation; and 

20 (2) shall not permanently alienate the decreed 

21 allocation. 

22 (b) PRIORITY STATUS.— 

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

24 portion of the consumptive use shall not cause that 


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1 portion to lose or change its priority under the Con2 solidated Decree. 

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

4 a party to any lease or exchange agreement or stor5 age agreement with the CRIT shall not result in for6 feiture, abandonment, relinquishment, or other loss 

7 by the CRIT of all or any portion of the decreed al8 location. 

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

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

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

12 portion of the decreed allocation on the Reservation. 

13 (d) STORAGE AGREEMENTS.—Any storage agreement 

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

15 Reservation in accordance with applicable State law. 

16 SEC. 11. ALLOTTEE USE OF WATER. 

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

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

19 indirectly interfere with, or diminish, any entitlement to 

20 water for an allottee under Federal or Tribal law. 

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

22 shall protect the rights of the allottees to a just and equi23 table distribution of water for irrigation purposes, pursu24 ant to section 7 of the Act of February 8, 1887 (commonly 

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


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1 390, chapter 119; 25 U.S.C. 381) (referred to in this sec2 tion as the ‘‘Act’’). 

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

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

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

6 remedies available under applicable Tribal law. 

7 (d) RELIEF UNDER THE INDIAN GENERAL ALLOT8 MENT ACT.—Following an exhaustion of remedies avail9 able under applicable Tribal law, an allottee may seek re10 lief under the Act, or any other applicable law. 

11 (e) RELIEF FROM THE SECRETARY.—Following ex12 haustion of remedies available under the Act, or any other 

13 applicable law, an allottee may petition the Secretary for 

14 relief. 

15 SEC. 12. CONSIDERATION PAID TO THE CRIT. 

16 The CRIT, and not the United States in any capac17 ity, shall be entitled to all consideration due to the CRIT 

18 under any lease or exchange agreement or storage agree19 ment. 

20 SEC. 13. LIABILITY OF THE UNITED STATES. 

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

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

23 execution, or approval of any lease or exchange agreement 

24 or storage agreement, including any claims relating to the 

25 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 

25 (4) any person. 


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1 SECTION 1. SHORT TITLE. 

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

3 Tribes Water Resiliency Act of 2022’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are to authorize— 

6 (1) the CRIT to enter into lease or exchange 

7 agreements, storage agreements, and agreements for 

8 conserved water for the economic well-being of the 

9 CRIT; and 

10 (2) the Secretary to approve any lease or ex11 change agreements, storage agreements, or agreements 

12 for conserved water entered into by the CRIT. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) AGREEMENT FOR CONSERVED WATER.—The 

16 term ‘‘agreement for conserved water’’ means an 

17 agreement for the creation of system conservation, 

18 storage of conserved water in Lake Mead, or other 

19 mechanisms for voluntarily leaving a portion of the 

20 CRIT reduced consumptive use in Lake Mead. 

21 (2) ALLOTTEE.—The term ‘‘allottee’’ means an 

22 individual who holds a beneficial real property inter23 est in an allotment of Indian land that is— 

24 (A) located within the exterior boundaries of 

25 the Reservation; and 

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


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1 (3) CONSOLIDATED DECREE.—The term ‘‘Con2 solidated Decree’’ means the decree entered by the Su3 preme Court of the United States in Arizona v. Cali4 fornia, 547 U.S. 150 (2006). 

5 (4) CONSUMPTIVE USE.—The term ‘‘consumptive 

6 use’’ means a portion of the decreed allocation that 

7 has a recent history of use by the CRIT within the 

8 exterior boundary of the Reservation. Any verified re9 duction in consumptive use pursuant to a lease or ex10 change agreement, a storage agreement, or an agree11 ment for conserved water shall be deemed to be a con12 sumptive use in the year in which the reduction oc13 curred, subject to the condition that the reduction is 

14 reflected in the Water Accounting Report. 

15 (5) CRIT.—The term ‘‘CRIT’’ means the Colo16 rado River Indian Tribes, a federally recognized In17 dian Tribe. 

18 (6) DECREED ALLOCATION.—The term ‘‘decreed 

19 allocation’’ means the volume of water of the main20 stream of the Colorado River allocated to the CRIT 

21 that is accounted for as part of the apportionment for 

22 the State in part I–A of the Appendix of the Consoli23 dated Decree. 

24 (7) LOWER BASIN.—The term ‘‘Lower Basin’’ 

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


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1 Colorado River Compact of 1922, as approved by 

2 Congress in section 13 of the Boulder Canyon Project 

3 Act (43 U.S.C. 617l) and by the Presidential Procla4 mation of June 25, 1929 (46 Stat. 3000). 

5 (8) PERSON.—The term ‘‘person’’ means an in6 dividual, a public or private corporation, a company, 

7 a partnership, a joint venture, a firm, an association, 

8 a society, an estate or trust, a private organization 

9 or enterprise, the United States, an Indian Tribe, a 

10 governmental entity, or a political subdivision or mu11 nicipal corporation organized under, or subject to, the 

12 constitution and laws of the State. 

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

14 means the portion of the reservation established for 

15 the CRIT that is located in the State. 

16 (10) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (11) STATE.—Except for purposes of section 16, 

19 the term ‘‘State’’ means the State of Arizona. 

20 (12) STORAGE.—The term ‘‘storage’’ means the 

21 underground storage, in accordance with State law, of 

22 a portion of the consumptive use off the Reservation 

23 within the Lower Basin in the State. 

24 (13) WATER ACCOUNTING REPORT.—The term 

25 ‘‘Water Accounting Report’’ means the annual report 


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1 of the Bureau of Reclamation entitled the ‘‘Colorado 

2 River Accounting and Water Use Report: Arizona, 

3 California, and Nevada’’ which includes the compila4 tion of records in accordance with article V of the 

5 Consolidated Decree. 

6 SEC. 4. LEASE OR EXCHANGE 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, subject to the ap11 proval of the Secretary under section 7(a), and has the sole 

12 authority, to enter into, with any person, an agreement to 

13 lease or exchange, or an option to lease or exchange, a por14 tion of the consumptive use for a use off the Reservation 

15 (referred to in this Act as a ‘‘lease or exchange agreement’’), 

16 subject to the conditions that the use off the Reservation is 

17 located in the Lower Basin in the State and is not located 

18 in the counties of Navajo, Apache, or Cochise in the State. 

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

20 The term of any lease or exchange agreement entered into 

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

22 the term shall not exceed 100 years. 

23 (c) MODIFICATIONS.—Any lease or exchange agreement 

24 entered into under subsection (a) may be renegotiated or 

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1 change agreement, subject to the approval of the Secretary 

2 under section 7(a), subject to the condition that the term 

3 of the renegotiated lease or exchange agreement does not ex4 ceed 100 years. 

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

6 lease or exchange agreement with the CRIT under this sec7 tion shall use the water received under the lease or exchange 

8 agreement in accordance with applicable Federal and State 

9 law. 

10 SEC. 5. STORAGE AGREEMENTS. 

11 (a) AUTHORIZATION.—Notwithstanding section 2116 

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

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

14 provision of law, the CRIT is authorized, subject to the ap15 proval of the Secretary under section 7(a), and has the sole 

16 authority, to enter into an agreement, including with the 

17 Arizona Water Banking Authority (or a successor agency 

18 or entity), for the storage of a portion of the consumptive 

19 use, or the water received under an exchange pursuant to 

20 an exchange agreement under section 4, at 1 or more under21 ground storage facilities or groundwater savings facilities 

22 off the Reservation (referred to in this Act as a ‘‘storage 

23 agreement’’), subject to the conditions that the facility is 

24 located in the Lower Basin in the State and is not located 

25 in the counties of Navajo, Apache, or Cochise in the State. 


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1 (b) MODIFICATIONS.—Any storage agreement entered 

2 into under subsection (a) may be renegotiated or modified 

3 at any time during the term of the storage agreement, sub4 ject to the approval of the Secretary under section 7(a). 

5 (c) APPLICABLE LAW.—Any storage agreement entered 

6 into under subsection (a) shall be in accordance with appli7 cable Federal and State law. 

8 (d) DELEGATION OF RIGHTS.—The CRIT may assign 

9 or sell any long-term storage credits accrued as a result of 

10 a storage agreement, subject to the condition that the assign11 ment or sale is in accordance with applicable State law. 

12 SEC. 6. AGREEMENTS FOR CREATION OF WATER FOR THE 

13 COLORADO RIVER SYSTEM FOR STORING 

14 WATER IN LAKE MEAD. 

15 (a) AUTHORIZATION.—Notwithstanding section 2116 

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

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

18 provision of law, the CRIT is authorized, subject to the ap19 proval of the Secretary under section 7(a), and has the sole 

20 authority, to enter into, with any person, an agreement for 

21 conserved water, subject to the conditions that if the con22 served water is delivered, the delivery is to a location in 

23 the Lower Basin in the State and is not to a location in 

24 the counties of Navajo, Apache, or Cochise in the State. 


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1 (b) TERM OF AN AGREEMENT FOR CONSERVED

2 WATER.—The term of any agreement for conserved water 

3 entered into under subsection (a) shall be mutually agreed, 

4 except that the term shall not exceed 100 years. 

5 (c) MODIFICATIONS.—Any agreement for conserved 

6 water entered into under subsection (a) may be renegotiated 

7 or modified at any time during the term of the agreement 

8 for conserved water, subject to the approval of the Secretary 

9 under section 7(a). 

10 (d) APPLICABLE LAW.—Any agreement for conserved 

11 water entered into under subsection (a), and any use of con12 served water, shall be in accordance with Federal law, in13 cluding any program authorized by Federal law. 

14 SEC. 7. SECRETARIAL APPROVAL; DISAPPROVAL; AGREE15 MENTS. 

16 (a) AUTHORIZATION.—The Secretary shall approve or 

17 disapprove any— 

18 (1) lease or exchange agreement; 

19 (2) modification to a lease or exchange agree20 ment; 

21 (3) storage agreement; 

22 (4) modification to a storage agreement; 

23 (5) agreement for conserved water; or 

24 (6) modification to an agreement for conserved 

25 water. 


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1 (b) SECRETARIAL AGREEMENTS.—The Secretary is 

2 authorized to enter into a lease or exchange agreement, a 

3 storage agreement, or an agreement for conserved water 

4 with the CRIT, subject to the condition that the Secretary 

5 pays the fair market value for the CRIT reduced consump6 tive use. 

7 (c) REQUIREMENTS.— 

8 (1) LEASE OR EXCHANGE AGREEMENTS AND

9 STORAGE AGREEMENTS.—The Secretary shall not ap10 prove any lease or exchange agreement, or any modi11 fication to a lease or exchange agreement, or any stor12 age agreement, or any modification to a storage 

13 agreement, that is not in compliance with— 

14 (A) this Act; and 

15 (B) the agreement entered into between the 

16 CRIT, the State, and the Secretary under section 

17 10(a). 

18 (2) AGREEMENTS FOR CONSERVED WATER.—The 

19 Secretary shall not approve any agreement for con20 served water, or any modification to an agreement for 

21 conserved water, that is not in compliance with— 

22 (A) this Act; and 

23 (B) other applicable Federal law, including 

24 any program authorized by Federal law. 


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1 (3) PERMANENT ALIENATION.—The Secretary 

2 shall not approve any lease or exchange agreement, or 

3 any modification to a lease or exchange agreement, 

4 any storage agreement, or any modification to a stor5 age agreement, or any agreement for conserved water, 

6 or any modification to an agreement for conserved 

7 water, that permanently alienates any portion of the 

8 CRIT decreed allocation. 

9 (d) OTHER REQUIREMENTS.—The requirement for 

10 Secretarial approval under subsection (a) shall satisfy the 

11 requirements of section 2116 of the Revised Statutes (com12 monly known as the ‘‘Indian Trade and Intercourse Act’’) 

13 (25 U.S.C. 177). 

14 (e) AUTHORITY OF THE SECRETARY.—Nothing in this 

15 Act, or any agreement entered into or approved by the Sec16 retary under this Act, including any lease or exchange 

17 agreement, storage agreement, or agreement for conserved 

18 water, shall diminish or abrogate the authority of the Sec19 retary to act under applicable Federal law or regulation, 

20 including the Consolidated Decree. 

21 SEC. 8. RESPONSIBILITIES OF THE SECRETARY. 

22 (a) COMPLIANCE.—When approving a lease or ex23 change agreement, a storage agreement, or an agreement for 

24 conserved water, the Secretary shall promptly comply with 

25 all aspects of the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act 

2 of 1973 (16 U.S.C. 1531 et seq.), and all other applicable 

3 environmental laws and regulations. 

4 (b) DOCUMENTATION.—The Secretary shall document 

5 any lease or exchange agreement, storage agreement, or 

6 agreement for conserved water in the Water Accounting Re7 port. 

8 SEC. 9. AGREEMENT BETWEEN THE CRIT AND THE STATE. 

9 (a) IN GENERAL.—Before entering into the first lease 

10 or exchange agreement or storage agreement, the CRIT shall 

11 enter into an agreement with the State that outlines all no12 tice, information sharing, and collaboration requirements 

13 that shall apply to any potential lease or exchange agree14 ment or storage agreement the CRIT may enter into. 

15 (b) REQUIREMENT.—The agreement required under 

16 subsection (a) shall include a provision that requires the 

17 CRIT to submit to the State all documents regarding a po18 tential lease or exchange agreement or storage agreement. 

19 SEC. 10. AGREEMENT BETWEEN THE CRIT, THE STATE, AND 

20 THE SECRETARY. 

21 (a) IN GENERAL.—Before approving the first lease or 

22 exchange agreement or storage agreement under section 7, 

23 the Secretary shall enter into an agreement with the State 

24 and the CRIT that describes the procedural, technical, and 

25 accounting methodologies for any lease or exchange agreeVerDate Sep 11 2014 06:47 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S3308.RS S3308

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•S 3308 RS

1 ment or storage agreement the CRIT may enter into, in2 cluding quantification of the reduction in consumptive use 

3 and water accounting. 

4 (b) NEPA.—The execution of the agreement required 

5 under subsection (a) shall not constitute a major Federal 

6 action for purposes of the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.). 

8 (c) EFFECT.—Nothing in this Act prohibits the Sec9 retary from agreeing with the CRIT and the State to a 

10 modification to an agreement entered into under subsection 

11 (a) (including an appendix or exhibit to the agreement) if 

12 the modification— 

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

14 (2) does not otherwise require congressional ap15 proval under section 2116 of the Revised Statutes 

16 (commonly known as the ‘‘Indian Trade and Inter17 course Act’’) (25 U.S.C. 177) or any other provision 

18 of law. 

19 SEC. 11. NO EFFECT ON THE CRIT DECREED ALLOCATION. 

20 (a) TEMPORARY USE.—A lease or exchange agreement, 

21 a storage agreement, or an agreement for conserved water— 

22 (1) shall provide for the temporary use, storage, 

23 or conservation of a portion of the consumptive use off 

24 the Reservation; and 


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•S 3308 RS

1 (2) shall not permanently alienate the decreed 

2 allocation. 

3 (b) PRIORITY STATUS.— 

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

5 portion of the consumptive use shall not cause that 

6 portion to lose or change its priority under the Con7 solidated Decree. 

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

9 party to any lease or exchange agreement or storage 

10 agreement with the CRIT shall not result in for11 feiture, abandonment, relinquishment, or other loss by 

12 the CRIT of all or any portion of the decreed alloca13 tion. 

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

15 storage, or conservation of a portion of the consumptive use 

16 shall not reduce or limit the right of the CRIT to use the 

17 remaining portion of the decreed allocation on the Reserva18 tion. 

19 (d) STORAGE AGREEMENTS.—A storage agreement en20 tered into under this Act shall account for the quantity of 

21 water in storage off the Reservation in accordance with ap22 plicable State law. 

23 SEC. 12. ALLOTTEE USE OF WATER. 

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

25 conservation of a portion of the consumptive use shall not 


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•S 3308 RS

1 directly or indirectly interfere with, or diminish, any enti2 tlement to water for an allottee under Federal or Tribal 

3 law. 

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

5 shall protect the rights of the allottees to a just and equitable 

6 distribution of water for irrigation purposes, pursuant to 

7 section 7 of the Act of February 8, 1887 (commonly known 

8 as the ‘‘Indian General Allotment Act’’) (24 Stat. 390, 

9 chapter 119; 25 U.S.C. 381) (referred to in this section as 

10 the ‘‘Act’’). 

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

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

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

14 remedies available under applicable Tribal law. 

15 (d) RELIEF UNDER THE INDIAN GENERAL ALLOT16 MENT ACT.—Following an exhaustion of remedies available 

17 under applicable Tribal law, an allottee may seek relief 

18 under the Act or any other applicable law. 

19 (e) RELIEF FROM THE SECRETARY.—Following ex20 haustion of remedies available under the Act, or any other 

21 applicable law, an allottee may petition the Secretary for 

22 relief. 

23 SEC. 13. CONSIDERATION PAID TO THE CRIT. 

24 The CRIT, and not the United States in any capacity, 

25 shall be entitled to all consideration due to the CRIT under 


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1 any lease or exchange agreement, storage agreement, or 

2 agreement for conserved water. 

3 SEC. 14. LIABILITY OF THE UNITED STATES. 

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

5 shall not be liable to the CRIT or to any party to a lease 

6 or exchange agreement, a storage agreement, or an agree7 ment for conserved water in any claim relating to the nego8 tiation, execution, or approval of any lease or exchange 

9 agreement, storage agreement, or agreement for conserved 

10 water, including any claim relating to the terms included 

11 in such an agreement, except for claims relating to the re12 quirements of section 8(a). 

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

14 trust obligation or other obligation to monitor, administer, 

15 or account for— 

16 (1) any funds received by the CRIT as consider17 ation under any lease or exchange agreement, storage 

18 agreement, or agreement for conserved water; or 

19 (2) the expenditure of such funds. 

20 SEC. 15. APPLICATION. 

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

22 portion of the decreed allocation that is available for use 

23 in the State. 

24 (b) REQUIREMENT.—The portion of the decreed alloca25 tion that is available for use in the State shall not be used, 


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1 directly or indirectly outside the Lower Basin in the State 

2 or in the counties of Navajo, Apache, or Cochise in the 

3 State. 

4 SEC. 16. RULE OF CONSTRUCTION. 

5 Nothing in this Act establishes, or shall be considered 

6 to establish, a precedent in any litigation involving, or al7 ters, affects, or quantifies, any water right with respect to— 

8 (1) the United States; 

9 (2) any other Indian Tribe, band, or community; 

10 (3) any State or political subdivision or district 

11 of a State; or 

12 (4) any person. 


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Calendar No. 682 

117TH CONGRESS 

2D SESSION S. 3308 

A BILL 

To authorize the Colorado River Indian Tribes to 

Tribes, and for other purposes. rado River allocated to the Colorado River Indian storage agreements relating to water of the Coloenter into lease or exchange agreements and 

DECEMBER 19, 2022 

Reported with an amendment 


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