Colorado River Indian Tribes Water Resiliency Act of 2022

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. Short title This Act may be cited as the Colorado River Indian Tribes Water Resiliency Act of 2021 2. Purposes The purposes of this Act are— (1) to authorize the CRIT to enter into lease or exchange agreements and storage agreements for the economic well-being of the CRIT; and (2) to authorize the Secretary to approve any lease or exchange agreements or storage agreements entered into by the CRIT. 3. Definitions In this Act: (1) Allottee The term allottee (A) located within the exterior boundaries of the Reservation; and (B) held in trust by the United States. (2) Consolidated decree The term Consolidated Decree (3) Consumptive use The term consumptive use (4) CRIT The term CRIT (5) Decreed allocation The term decreed allocation (6) Lower Basin The term Lower Basin 43 U.S.C. 617l (7) Person The term person (8) Reservation The term Reservation (9) Secretary The term Secretary (10) State Except for purposes of section 15, the term State (11) Storage The term storage (12) Water Accounting Report The term Water Accounting Report Colorado River Accounting and Water Use Report: Arizona, California, and Nevada 4. Lease or exchange agreements (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 lease or exchange agreement (b) Term of lease or exchange agreement The term of any lease or exchange agreement entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years. (c) Modifications Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 6(a), on the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years. (d) Applicable law Any person entering into a lease or exchange agreement with the CRIT under this section shall use the water received under the lease or exchange agreement in accordance with applicable Federal and State law. 5. Storage agreements (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 storage agreement (b) Applicable law Any storage agreement entered into under this section shall be in accordance with applicable Federal and State law. (c) Delegation of rights The CRIT may assign or sell any longterm storage credits accrued as a result of a storage agreement, on the condition that the assignment or sale is in accordance with applicable State law. 6. Approval by the Secretary (a) Authorization The Secretary shall approve or disapprove any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement. (b) Requirements (1) In general The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement that is not in compliance with— (A) this Act; and (B) the agreement entered into between the CRIT, the State, and the Secretary under section 9(a). (2) Permanent alienation The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement that permanently alienates any portion of the CRIT decreed allocation. (c) Other requirements The requirement for Secretarial approval under subsection (a) shall satisfy the requirements of section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 (d) Authority of the Secretary Nothing in this Act, or any agreement entered into or approved by the Secretary under this Act, including any lease or exchange agreement or storage agreement, shall diminish or abrogate the authority of the Secretary to act under applicable Federal law or regulation, including the Consolidated Decree. 7. Responsibilities of the Secretary (a) Compliance The Secretary, when approving a lease or exchange agreement or a storage agreement under this Act, shall ensure such agreement complies with— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) all other applicable Federal environmental laws. (b) Documentation The Secretary shall document any lease or exchange agreement or storage agreement in the Water Accounting Report. 8. Agreement between the CRIT and the State (a) In general Prior to entering into the first lease or exchange agreement or storage agreement, the CRIT shall enter into an agreement with the State that outlines all notice, information sharing, and collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into. (b) Requirement The agreement under subsection (a) shall include a provision that requires the CRIT to submit to the State all documents regarding a potential lease or exchange agreement or storage agreement. 9. Agreement between the CRIT, the State, and the Secretary (a) In general Prior to approving the first lease or exchange agreement or storage agreement under section 6, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting. (b) NEPA The execution of the agreement under subsection (a) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (c) Effect Nothing in this Act shall prohibit the Secretary from agreeing with the CRIT and the State to a modification to an agreement entered into under subsection (a) (including an appendix or exhibit to the agreement) on the condition that the modification— (1) is in compliance with this Act; and (2) does not otherwise require congressional approval under section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 10. No effect on the CRIT decreed allocation (a) Temporary use A lease or exchange agreement or storage agreement— (1) shall provide for the temporary use or storage of a portion of the consumptive use off the Reservation; and (2) shall not permanently alienate the decreed allocation. (b) Priority status (1) In general The lease or exchange of a portion of the consumptive use shall not cause that portion to lose or change its priority under the Consolidated Decree. (2) Nonuse Any nonuse by a person who is a party to any lease or exchange agreement or storage agreement with the CRIT shall not result in forfeiture, abandonment, relinquishment, or other loss by the CRIT of all or any portion of the decreed allocation. (c) Reservation of rights The lease, exchange, or storage of a portion of the consumptive use shall not reduce or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation. (d) Storage agreements Any storage agreement shall account for the quantity of water in storage off the Reservation in accordance with applicable State law. 11. Allottee use of water (a) Interference The lease, exchange, or storage of a portion of the consumptive use shall not directly or indirectly interfere with, or diminish, any entitlement to water for an allottee under Federal or Tribal law. (b) Water rights of allottees The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act 25 U.S.C. 381 Act (c) Relief under Tribal law Prior to asserting any claim against the United States pursuant to the Act, or any other applicable law, an allottee shall exhaust all remedies available under applicable Tribal law. (d) Relief under the Indian General Allotment Act Following an exhaustion of remedies available under applicable Tribal law, an allottee may seek relief under the Act, or any other applicable law. (e) Relief from the Secretary Following exhaustion of remedies available under the Act, or any other applicable law, an allottee may petition the Secretary for relief. 12. Consideration paid to the CRIT The CRIT, and not the United States in any capacity, shall be entitled to all consideration due to the CRIT under any lease or exchange agreement or storage agreement. 13. Liability of the United States (a) Limitation of liability The United States shall not be liable in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement or storage agreement, including any claims relating to the terms included in such an agreement. (b) Obligations The United States shall have no trust obligation or other obligation to monitor, administer, or account for— (1) any funds received by the CRIT as consideration under any lease or exchange agreement or storage agreement; or (2) the expenditure of such funds. 14. Application (a) In general This Act shall apply only to the portion of the decreed allocation that is available for use in the State. (b) Requirement The portion of the decreed allocation described in subsection (a) shall not be used, directly or indirectly, outside the Lower Basin in the State. 15. Rule of construction Nothing in this Act establishes, or shall be considered to establish, a precedent in any litigation involving, or alters, affects, or quantifies, any water right with respect to— (1) the United States; (2) any other Indian Tribe, band, or community; (3) any State or political subdivision or district of a State; or (4) any person. 1. Short title This Act may be cited as the Colorado River Indian Tribes Water Resiliency Act of 2022 2. Purposes The purposes of this Act are to authorize— (1) the CRIT to enter into lease or exchange agreements, storage agreements, and agreements for conserved water for the economic well-being of the CRIT; and (2) the Secretary to approve any lease or exchange agreements, storage agreements, or agreements for conserved water entered into by the CRIT. 3. Definitions In this Act: (1) Agreement for conserved water The term agreement for conserved water (2) Allottee The term allottee (A) located within the exterior boundaries of the Reservation; and (B) held in trust by the United States. (3) Consolidated decree The term Consolidated Decree (4) Consumptive use The term consumptive use (5) CRIT The term CRIT (6) Decreed allocation The term decreed allocation (7) Lower basin The term Lower Basin 43 U.S.C. 617l (8) Person The term person (9) Reservation The term Reservation (10) Secretary The term Secretary (11) State Except for purposes of section 16, the term State (12) Storage The term storage (13) Water accounting report The term Water Accounting Report Colorado River Accounting and Water Use Report: Arizona, California, and Nevada 4. Lease or exchange agreements (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 lease or exchange agreement (b) Term of lease or exchange agreement The term of any lease or exchange agreement entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years. (c) Modifications Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 7(a), subject to the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years. (d) Applicable law Any person entering into a lease or exchange agreement with the CRIT under this section shall use the water received under the lease or exchange agreement in accordance with applicable Federal and State law. 5. Storage agreements (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 storage agreement (b) Modifications Any storage agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the storage agreement, subject to the approval of the Secretary under section 7(a). (c) Applicable law Any storage agreement entered into under subsection (a) shall be in accordance with applicable Federal and State law. (d) Delegation of rights The CRIT may assign or sell any long-term storage credits accrued as a result of a storage agreement, subject to the condition that the assignment or sale is in accordance with applicable State law. 6. Agreements for creation of water for the Colorado River system for storing water in Lake Mead (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 (b) Term of an agreement for conserved water The term of any agreement for conserved water entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years. (c) Modifications Any agreement for conserved water entered into under subsection (a) may be renegotiated or modified at any time during the term of the agreement for conserved water, subject to the approval of the Secretary under section 7(a). (d) Applicable law Any agreement for conserved water entered into under subsection (a), and any use of conserved water, shall be in accordance with Federal law, including any program authorized by Federal law. 7. Secretarial approval; disapproval; agreements (a) Authorization The Secretary shall approve or disapprove any— (1) lease or exchange agreement; (2) modification to a lease or exchange agreement; (3) storage agreement; (4) modification to a storage agreement; (5) agreement for conserved water; or (6) modification to an agreement for conserved water. (b) Secretarial agreements The Secretary is authorized to enter into a lease or exchange agreement, a storage agreement, or an agreement for conserved water with the CRIT, subject to the condition that the Secretary pays the fair market value for the CRIT reduced consumptive use. (c) Requirements (1) Lease or exchange agreements and storage agreements The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement, or any modification to a storage agreement, that is not in compliance with— (A) this Act; and (B) the agreement entered into between the CRIT, the State, and the Secretary under section 10(a). (2) Agreements for conserved water The Secretary shall not approve any agreement for conserved water, or any modification to an agreement for conserved water, that is not in compliance with— (A) this Act; and (B) other applicable Federal law, including any program authorized by Federal law. (3) Permanent alienation The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, any storage agreement, or any modification to a storage agreement, or any agreement for conserved water, or any modification to an agreement for conserved water, that permanently alienates any portion of the CRIT decreed allocation. (d) Other requirements The requirement for Secretarial approval under subsection (a) shall satisfy the requirements of section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 (e) Authority of the Secretary Nothing in this Act, or any agreement entered into or approved by the Secretary under this Act, including any lease or exchange agreement, storage agreement, or agreement for conserved water, shall diminish or abrogate the authority of the Secretary to act under applicable Federal law or regulation, including the Consolidated Decree. 8. Responsibilities of the Secretary (a) Compliance When approving a lease or exchange agreement, a storage agreement, or an agreement for conserved water, the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. (b) Documentation The Secretary shall document any lease or exchange agreement, storage agreement, or agreement for conserved water in the Water Accounting Report. 9. Agreement between the CRIT and the State (a) In general Before entering into the first lease or exchange agreement or storage agreement, the CRIT shall enter into an agreement with the State that outlines all notice, information sharing, and collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into. (b) Requirement The agreement required under subsection (a) shall include a provision that requires the CRIT to submit to the State all documents regarding a potential lease or exchange agreement or storage agreement. 10. Agreement between the CRIT, the State, and the Secretary (a) In general Before approving the first lease or exchange agreement or storage agreement under section 7, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting. (b) NEPA The execution of the agreement required under subsection (a) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (c) Effect Nothing in this Act prohibits the Secretary from agreeing with the CRIT and the State to a modification to an agreement entered into under subsection (a) (including an appendix or exhibit to the agreement) if the modification— (1) is in compliance with this Act; and (2) does not otherwise require congressional approval under section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act 25 U.S.C. 177 11. No effect on the CRIT decreed allocation (a) Temporary use A lease or exchange agreement, a storage agreement, or an agreement for conserved water— (1) shall provide for the temporary use, storage, or conservation of a portion of the consumptive use off the Reservation; and (2) shall not permanently alienate the decreed allocation. (b) Priority status (1) In general The lease or exchange of a portion of the consumptive use shall not cause that portion to lose or change its priority under the Consolidated Decree. (2) Nonuse Any nonuse by a person who is a party to any lease or exchange agreement or storage agreement with the CRIT shall not result in forfeiture, abandonment, relinquishment, or other loss by the CRIT of all or any portion of the decreed allocation. (c) Reservation of rights The lease, exchange, storage, or conservation of a portion of the consumptive use shall not reduce or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation. (d) Storage agreements A storage agreement entered into under this Act shall account for the quantity of water in storage off the Reservation in accordance with applicable State law. 12. Allottee use of water (a) Interference The lease, exchange, storage, or conservation of a portion of the consumptive use shall not directly or indirectly interfere with, or diminish, any entitlement to water for an allottee under Federal or Tribal law. (b) Water rights of allottees The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act 25 U.S.C. 381 Act (c) Relief under tribal law Prior to asserting any claim against the United States pursuant to the Act, or any other applicable law, an allottee shall exhaust all remedies available under applicable Tribal law. (d) Relief under the indian general allotment act Following an exhaustion of remedies available under applicable Tribal law, an allottee may seek relief under the Act or any other applicable law. (e) Relief from the secretary Following exhaustion of remedies available under the Act, or any other applicable law, an allottee may petition the Secretary for relief. 13. Consideration paid to the crit The CRIT, and not the United States in any capacity, shall be entitled to all consideration due to the CRIT under any lease or exchange agreement, storage agreement, or agreement for conserved water. 14. Liability of the United States (a) Limitation of liability The United States shall not be liable to the CRIT or to any party to a lease or exchange agreement, a storage agreement, or an agreement for conserved water in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement, storage agreement, or agreement for conserved water, including any claim relating to the terms included in such an agreement, except for claims relating to the requirements of section 8(a). (b) Obligations The United States shall have no trust obligation or other obligation to monitor, administer, or account for— (1) any funds received by the CRIT as consideration under any lease or exchange agreement, storage agreement, or agreement for conserved water; or (2) the expenditure of such funds. 15. Application (a) In general This Act shall only apply to the portion of the decreed allocation that is available for use in the State. (b) Requirement The portion of the decreed allocation that is available for use in the State shall not be used, directly or indirectly outside the Lower Basin in the State or in the counties of Navajo, Apache, or Cochise in the State. 16. Rule of construction Nothing in this Act establishes, or shall be considered to establish, a precedent in any litigation involving, or alters, affects, or quantifies, any water right with respect to— (1) the United States; (2) any other Indian Tribe, band, or community; (3) any State or political subdivision or district of a State; or (4) any person. December 19, 2022 Reported with an amendment

Summary: Colorado River Indian Tribes Water Resiliency Act of 2022 This act authorizes the Colorado River Indian tribes (CRIT) to enter into agreements for the transfer or storage of a portion of its water allocation to be used in other locations in Arizona. The CRIT include four Indian tribes&#8212;the Mohave, Chemehuevi, Hopi, and Navajo. The reservation is located along the Colorado River in both Arizona and California. (Sec. 4) The CRIT is authorized to enter into an agreement to lease or exchange a portion of the CRIT's consumptive use of water for use off the reservation if the receiving facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of a lease under this section must not exceed 100 years. (Sec. 5) The CRIT is authorized to enter into a storage agreement, including with the Arizona Water Banking Authority, for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under this act, at one or more underground storage facilities or groundwater savings facilities off the reservation if the facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. (Sec. 6) The CRIT is authorized to enter into an agreement for water conservation or other methods for voluntarily leaving a portion of the CRIT reduced consumptive use in Lake Mead, which is located in Arizona and Nevada. If the conserved water is delivered, the delivery must be located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of an agreement under this section must not exceed 100 years. (Sec. 7) This section grants authority to the Department of the Interior to approve or disapprove of an agreement under this act. Interior is also authorized to enter into agreements with CRIT under this act, provided Interior pays fair market value for the reduced consumptive use. Among other requirements, Interior must ensure that water agreements under this act do not permanently alienate any portion of the CRIT water allocation. (Sec. 8) Interior, when approving an agreement under this act, must ensure that such agreement complies with the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and other federal environmental laws. (Sec. 9) The CRIT must enter into an agreement with the state of Arizona prior to entering into an agreement under this act. The agreement with Arizona must outline all notice, information sharing, and collaboration requirements. (Sec. 10) Interior must enter into an agreement with the state of Arizona and the CRIT describing the procedural, technical, and accounting methodologies for an agreement under this act. (Sec. 11) This section reserves the CRIT's allocated water rights, including by ensuring that no agreement reduces or limits the right of the CRIT to use the remaining portion of their allocation. (Sec. 12) This section prohibits an agreement under this act from interfering with an allottee's water rights. (Sec. 13) This section establishes that the CRIT is entitled to all consideration from an agreement under this act. (Sec. 14) The United States has limited liability against claims under this act, except for those relating to the above environmental requirements.