I
105TH CONGRESS
2D SESSION
H. R. 3658
To provide for the settlement of the water rights claims of the Chippewa
Cree Tribe of the Rocky Boy’s Reservation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. HILL introduced the following bill; which was referred to the Committee
on Resources
A BILL
To provide for the settlement of the water rights claims
of the Chippewa Cree Tribe of the Rocky Boy’s Reserva-
tion, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chippewa Cree Tribe
of the Rocky Boy’s Reservation Indian Reserved Water
Rights Settlement Act of 1998’’.
SEC. 2. FINDINGS.
Congress hereby finds that—
(1) in fulfillment of its trust responsibility to
Indian tribes and to promote tribal sovereignty and
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economic self sufficiency, it is the policy of the
United States to settle the water rights claims of the
tribes without lengthy and costly litigation;
(2) the Rocky Boy’s Reservation was estab-
lished as a homeland for the Chippewa Cree Tribe;
(3) adequate water for the Chippewa Cree
Tribe of the Rocky Boy’s Reservation is important
to a permanent, sustainable and sovereign homeland
for the Tribe and its members;
(4) the Chippewa Cree Tribe’s sovereignty and
Reservation economy depend on the development of
the Reservation’s water resources;
(5) the planning, design, and construction of
the facilities needed to utilize water supplies effec-
tively are necessary to the development of a viable
Reservation economy and to implementation of the
Chippewa Cree-Montana Water Rights Compact;
(6) the Rocky Boy’s Reservation is located in a
water short area of the State of Montana and the
Compact contemplates the development of additional
water supplies, including importation of domestic
water, to meet the needs of the Chippewa Cree
Tribe;
(7) proceedings to determine the full extent of
the Chippewa Cree Tribe’s water rights are currently
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pending before the Montana Water Court as a part
of In the Matter of the Adjudication of All Rights
to the Use of Water, Both Surface and Under-
ground, within the State of Montana;
(8) recognizing that final resolution of the gen-
eral stream adjudication will take many years and
entail great expense to all parties, prolong uncer-
tainty as to the availability of water supplies, and
seriously impair the long-term economic planning
and development of all parties, the Chippewa Cree
Tribe and the State of Montana entered into a
Water Rights Compact on April 14, 1997; and
(9) the allocation of water resources from the
Tiber Reservoir to the Tribe under this Act is
uniquely suited to the geographic, social, and eco-
nomic characteristics of the area and situation in-
volved.
SEC. 3. PURPOSES OF ACT.
The purposes of this Act are—
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the State of
Montana for—
(A) the Chippewa Cree Tribe; and
(B) the United States of America for the
benefit of the Chippewa Cree Tribe;
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(2) to approve, ratify, and confirm, as modified
herein, the Water Rights Compact entered into by
the Chippewa Cree Tribe of the Rocky Boy’s Res-
ervation and the State of Montana on April 14,
1997, and to provide funding and other authoriza-
tion necessary to its implementation;
(3) to authorize the Secretary of the Interior to
execute and implement the Water Rights Compact
and to take such other actions as are necessary to
implement the Compact consistent with this Act;
(4) to authorize Federal feasibility studies de-
signed to identify and analyze potential mechanisms
to enhance, through conservation or otherwise, water
supplies in North Central Montana, including, but
not limited to, mechanisms to import domestic water
supplies for the future growth of the Rocky Boy’s
Indian Reservation;
(5) to authorize certain projects on the Rocky
Boy’s Indian Reservation, Montana, in order to im-
plement the Compact;
(6) to authorize certain modifications to the
purposes and operation of the Bureau of Reclama-
tion’s Tiber Dam and Lake Elwell on the Marias
River in Montana in order to implement the Com-
pact; and
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(7) to authorize appropriation of funds nec-
essary for the implementation of the Compact.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) ‘‘Compact’’ means the water rights compact
between the Chippewa Cree Tribe of the Rocky
Boy’s Reservation and the State of Montana pub-
lished at 85–20–601 MCA (1997).
(2) ‘‘Final’’ with reference to approval of the
decree in section 5(b) means completion of any di-
rect appeal to the Montana Supreme Court of a final
decree by the Water Court pursuant to 85–2–235,
MCA (1997), or to the Federal Court of Appeals, in-
cluding the expiration of the time in which a petition
for certiorari may be filed in the United States Su-
preme Court, denial of such a petition, or the
issuance of the Supreme Court’s mandate, whichever
occurs last.
(3) ‘‘Missouri River System’’ means the
mainstem of the Missouri River and its tributaries,
including but not limited to the Marias River.
(4) ‘‘Secretary’’ means the Secretary of the
United States Department of the Interior, or his or
her duly authorized representative.
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(5) ‘‘Towe Ponds’’ means the reservoir or res-
ervoirs referred to as ‘‘Stoneman Reservoir’’ in the
Compact.
(6) ‘‘Tribal Compact Administration’’ means
the activities assumed by the Tribe for implementa-
tion of the Compact as set forth in article IV of the
Compact.
(7) ‘‘Tribal Water Right’’ means the right of
the Chippewa Cree Tribe of the Rocky Boy’s Res-
ervation to divert, use, or store water as described
by article III of the Compact.
(8) ‘‘Tribe’’ means the Chippewa Cree Tribe of
the Rocky Boy’s Reservation and all officers, agents,
and departments thereof.
(9) ‘‘Water development’’ includes all activities
that involve the use of water or modification of
water courses or water bodies in any way.
SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE-
CREE.
(a) WATER RIGHTS COMPACT APPROVED.—Except
as modified by this Act, and to the extent the Compact
does not conflict with this Act, the Water Rights Compact
entered into by the Chippewa Cree Tribe of the Rocky
Boy’s Reservation and the State of Montana on April 14,
1997, is hereby approved, ratified and confirmed and the
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Secretary shall execute and implement the Compact to-
gether with any amendments agreed to by the parties or
necessary to bring the Compact into conformity with this
Act, and to take such other actions as are necessary to
implement the Compact.
(b) APPROVAL OF ‘‘PROPOSED DECREE’’.—No later
than 180 days after the date of the enactment of this Act,
the United States, the Tribe, or the State of Montana
shall petition the Montana Water Court, individually or
jointly, to enter and approve the ‘‘Proposed Decree’’
agreed to by the United States; the Tribe, and the State
of Montana attached as appendix 1 to the Compact, or
any amended version thereof agreed to by the United
States, the Tribe and the State of Montana. Resort may
be had to the Federal District Court in the circumstances
set forth in article VII.B.4 of the Compact. In the event
the approval by the appropriate court, including any direct
appeal, does not become final within three (3) years fol-
lowing the filing of the decree, or the decree is approved
but is subsequently set aside by the appropriate court, the
Compact shall be void. The Secretary may act for the
United States to extend this three (3) year deadline twice
in one (1) year increments on agreement with the State
and the Tribe.
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SEC. 6. USE AND TRANSFER OF THE TRIBAL WATER RIGHT.
(a) ADMINISTRATION AND ENFORCEMENT.—As pro-
vided in the Compact, until the adoption and approval of
a tribal water code, the Secretary shall administer and en-
force the Tribal Water Right.
(b) TRIBAL MEMBER ENTITLEMENT.—Any entitle-
ment to Federal Indian reserved water of any tribal mem-
ber shall be satisfied solely from the water secured to the
Tribe by the Compact and shall be governed by the terms
and conditions thereof. Such entitlement shall be adminis-
tered by the Tribe pursuant to a tribal water code devel-
oped and adopted pursuant to article IV.A.2. of the Com-
pact, or by the Secretary pending the adoption and ap-
proval of the tribal water code.
(c) TEMPORARY
TRANSFER
OF
TRIBAL
WATER
RIGHT.—Notwithstanding any other provision of statutory
or common law, the Tribe may, with the approval of the
Secretary and subject to the limitations and conditions set
forth in the Compact, including limitation on transfer of
any portion of the Tribal Water Right to within the Mis-
souri River Basin, enter into a service contract, lease, ex-
change, or other agreement providing for the temporary
delivery, use, or transfer of the water rights confirmed to
the Tribe in the Compact: Provided, however, That no
service contract, lease, exchange, or other agreement en-
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tered into under this subsection may permanently alienate
any portion of the Tribal Water Right.
SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.
(a) MUNICIPAL, RURAL AND INDUSTRIAL FEASIBIL-
ITY STUDY.—The Secretary of the Interior, through the
Bureau of Reclamation shall perform a municipal, rural,
and industrial (MR&I) feasibility study of water and relat-
ed resources in North Central Montana to evaluate alter-
natives for an MR&I supply for the Rocky Boy’s Reserva-
tion. The study shall include but not be limited to the fea-
sibility of releasing the Tribe’s Tiber allocation as provided
in section 8 of this Act into the Missouri River System
for later diversion to a treatment and delivery system for
the Rocky Boy’s Reservation. The MR&I Study shall in-
clude utilization of existing Federal and non-Federal stud-
ies and shall be planned and conducted in consultation
with other Federal agencies, the State of Montana, and
the Chippewa-Cree Tribe.
(b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED
OFF-RESERVATION SYSTEM.—The United States, the
Chippewa Cree Tribe of the Rocky Boy’s Reservation, and
the State of Montana shall not be obligated to accept or
participate in any potential off-reservation water supply
system identified in the MR&I Feasibility Study author-
ized in subsection 7(a) of this Act.
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(c) REGIONAL FEASIBILITY STUDY.—The Secretary,
through the Bureau of Reclamation, shall conduct, pursu-
ant to Reclamation Law, a Regional Feasibility Study to
evaluate water and related resources in North Central
Montana in order to determine the limitations of such re-
sources and how they can best be managed and developed
to serve the needs of the citizens of Montana. The Re-
gional Study shall evaluate existing and potential water
supplies, uses, and management; identify major water re-
lated issues, including environmental, water supply and
economic issues; evaluate opportunities to resolve such
issues; and evaluate options for implementation of resolu-
tions to issues. Because of the regional and international
impact of the Regional Study, it may not be segmented.
The Regional Study shall utilize, to the maximum extent
possible, existing information and shall be planned and
conducted in consultation with all affected interests, in-
cluding interests in Canada.
SEC. 8. TIBER RESERVOIR ALLOCATION.
(a) ALLOCATION OF WATER TO THE TRIBE.—
(1) The Secretary shall permanently allocate to
the Tribe, without cost to the Tribe, 10,000 acre-
feet per year of stored water from the water right
of the Bureau of Reclamation in Lake Elwell, Lower
Marias Unit, Upper Missouri Division, Pick-Sloan
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Missouri Basin Program, Montana, measured at the
outlet works of the dam or at the diversion point
from the reservoir. The allocation shall be effective
when the requirements of section 5(b) of this Act
are met.
(2) The Secretary shall enter into an agreement
with the Tribe setting forth the terms of the alloca-
tion and providing for the Tribe’s use or temporary
transfer of water stored in Lake Elwell, subject to
the terms and conditions of the Compact and this
Act.
(3) The allocation provided in this section shall
be subject to the prior reserved water rights, if any,
of any Indian tribe, or persons claiming water
through any Indian Tribe.
(b) USE AND TEMPORARY TRANSFER OF ALLOCA-
TION.—
(1) Subject to the limitations and conditions set
forth in the Compact and this Act, the Tribe shall
have the right to devote the water allocated by this
section to any use, including, but not limited to, ag-
ricultural, municipal, commercial, industrial, mining,
or recreational uses, within or outside the Rocky
Boy’s Reservation.
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(2) Notwithstanding any other provision of stat-
utory or common law, the Tribe may, with the ap-
proval of the Secretary and subject to the limitations
and conditions set forth in the Compact, enter into
a service contact, lease, exchange, or other agree-
ment providing for the temporary delivery, use, or
transfer of the water allocated by this section: Pro-
vided, however, That no service contract, lease, ex-
change, or other agreement may permanently alien-
ate any portion of the tribal allocation.
(c) REMAINING STORAGE.—The United States shall
retain the right to use for any authorized purpose, any
and all storage remaining in Lake Elwell after the alloca-
tion made to the Tribe in subsection (a)(1) of this section.
(d) WATER TRANSPORT OBLIGATION; DEVELOP-
MENT AND DELIVERY COSTS.—The United States shall
have no responsibility or obligation to provide any facilities
for the transport of the water allocated by this section to
the Rocky Boy’s Reservation or to any other location. Ex-
cept for the contribution set forth in section 11(b)(3) of
this Act, the cost of developing and delivering the water
allocated by this section or any other supplemental water
to the Rocky Boy’s Reservation shall not be borne by the
United States.
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(e) ACT NOT PRECEDENTIAL.—The provisions of
this Act regarding the allocation of water resources from
the Tiber Reservoir to the Tribe shall not be precedent
for any other Indian water right claims.
SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP-
MENT.
(a) WATER DEVELOPMENT PROJECTS.—The Sec-
retary of the Interior, through the Bureau of Reclamation,
is authorized and directed to plan, design, and construct,
or to provide, pursuant to subsection (b) of this section,
for the planning, design, and construction of the following
water development projects on the Rocky Boy’s Reserva-
tion:
(1) Bonneau Dam and Reservoir Enlargement.
(2) East Fork of Beaver Creek Dam Repair
and Enlargement.
(3) Brown’s Dam Enlargement.
(4) Towe Ponds’ Enlargement.
(5) Such other water development projects as
the Tribe shall from time to time deem appropriate.
(b) IMPLEMENTATION AGREEMENT.—The Secretary,
at the request of the Tribe, shall enter into an agreement
with the Tribe to implement the provisions of this Act
through the Tribe’s Self-Governance Compact and Annual
Funding Agreement by which the Tribe shall plan, design,
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and construct any or all of the projects authorized by this
section.
(c) BUREAU OF RECLAMATION PROJECT ADMINIS-
TRATION.—The Secretary, through the Bureau of Rec-
lamation, has entered into an agreement with the Tribe,
pursuant to Public Law 93–638, as amended by the Self
Governance Act, defining and limiting the role of the Bu-
reau of Reclamation in its administration of the projects
authorized in subsection (a) of this section; establishing
the standards upon which the projects will be constructed;
and for other purposes necessary to implement this sec-
tion. This agreement shall be effective on the Tribe exer-
cising its right under subsection (b) of this section.
SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER
RIGHTS SETTLEMENT FUND.
(a) ESTABLISHMENT OF TRUST FUND.—There is
hereby established in the Treasury of the United States
a trust fund for the Chippewa Cree Tribe of the Rocky
Boy’s Reservation to be known as the ‘‘Chippewa Cree In-
dian Reserved Water Rights Settlement Trust Fund’’.
Pursuant to the provisions of the Trust Fund Manage-
ment Act of 1994, 25 U.S.C. 4001 et seq., the Tribe, with
the approval of the Secretary, may transfer the Fund to
a mutually agreed upon private financial institution. The
Fund shall consist of the following accounts:
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(1) Tribal Compact Administration Account.
(2) Economic Development Account.
(3) Future Water Supply Facilities Account.
(b) FUND COMPOSITION.—The Fund shall consist of
such amounts as are appropriated to its accounts in ac-
cordance with the authorizations for appropriations in
subsections (b) (1), (2), and (3) of section 11 of this Act
together with all interest which accrues on the Fund: Pro-
vided, That if the Tribe exercises its right pursuant to
subsection (a) of this section to transfer the funds to a
private financial institution, except as provided in the
transfer agreement, the Secretary shall retain no oversight
over the investment of the funds. In addition, the transfer
agreement shall provide for the appropriate terms and
conditions, if any, on expenditures from the Fund in addi-
tion to the plans set forth in subsections (c)(2) and (c)(3)
of this section.
(c) USE OF FUND.—The Tribe may use the Fund
to fulfill the purposes of this Act, subject to the following
restrictions on expenditures:
(1) Except for $400,000 necessary for capital
expenditures in connection with tribal compact ad-
ministration, only interest accrued on the Tribal
Compact Administration Account shall be available
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to satisfy the Tribe’s obligations for tribal compact
administration under the provisions of the Compact.
(2) Both principal and accrued interest on the
Economic Development Account shall be available to
the Tribe for expenditure pursuant to an Economic
Development Plan approved by the Secretary.
(3) Both principal and accrued interest on the
Future Water Supply Facilities Account shall be
available to the Tribe for expenditure pursuant to a
Water Supply Plan approved by the Secretary.
(d) AGREEMENT
REGARDING
FUND
EXPENDI-
TURES.—If the Tribe does not exercise its right under
subsection (a) of this section to transfer the funds to a
private financial institution, the Secretary shall enter into
an agreement with the Tribe providing for appropriate
terms and conditions, if any, on expenditures from the
Fund in addition to the plans set forth in subsections
(c)(2) and (c)(3) of this section.
(e) PER CAPITA DISTRIBUTIONS PROHIBITED.—No
part of the Fund shall be distributed on a per capita basis
to members of the Tribe.
(f) CONGRESSIONAL INTENT.—Nothing in this Act is
intended—
(1) to alter the trust responsibility of the
United States to the Tribe; or
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(2) to prohibit the Tribe from seeking addi-
tional authorization or appropriation of funds for
tribal programs or purposes.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) FEASIBILITY STUDIES.—There is authorized to
be appropriated to the Department of Interior, Bureau of
Reclamation, not to exceed $4,000,000 for the purpose of
conducting the Feasibility Studies authorized in section 7
(a) and (c) of this Act as follows:
(1) $1,000,000 in fiscal year 1999 to be divided
equally between the two studies.
(2) $3,000,000 in fiscal year 2000; $500,000
for the study authorized in section 7(a) and the bal-
ance for the study authorized in section 7(c).
(b) CHIPPEWA CREE FUND.—There is authorized to
be appropriated to the Department of the Interior, Bureau
of Indian Affairs, for the Chippewa Cree Fund, estab-
lished in section 10 of this Act, $21,000,000 as follows:
(1) TRIBAL
COMPACT
ADMINISTRATION
AC-
COUNT.—For tribal compact administration assumed
by the Tribe under the Compact and this Act
$3,000,000 in fiscal year 1999.
(2) ECONOMIC DEVELOPMENT ACCOUNT.—For
Tribal economic development, $3,000,000, in fiscal
year 2000.
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(3) FUTURE
WATER
SUPPLY
FACILITIES
AC-
COUNT.—For the total Federal contribution to the
planning, design, construction, operation, mainte-
nance and rehabilitation of a future Reservation
water supply systems, $15,000,000 as follows:
(A) $2,000,000 in fiscal year 1999.
(B) $5,000,000 in fiscal year 2000.
(C) $8,000,000 in fiscal year 2001.
(c) ON-RESERVATION
WATER
DEVELOPMENT.—
There is authorized to be appropriated to the Department
of the Interior, Bureau of Reclamation, $24,000,000 for
the construction of the on-Reservation water development
projects authorized by section 9 of this Act as follows:
(1) $13,000,000 in fiscal year 2000 for the
planning, design and construction of the Bonneau
Dam Enlargement. The Federal contribution is pro-
vided for the development of additional capacity in
Bonneau Reservoir for storage of water secured to
the Tribe under the Compact.
(2) $8,000,000 in fiscal year 2001 for: the
planning, design and construction of the East Fork
Dam and Reservoir enlargement ($4,000,000), of
the Brown’s Dam and Reservoir enlargement
($2,000,000), and of the Towe Ponds enlargement
($2,000,000).
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(3) $3,000,000 in fiscal year 2002 for the plan-
ning, design, and construction of such other water
resource developments as the Tribe, with the ap-
proval of the Secretary, from time to time may deem
appropriate or for the completion of the four
projects enumerated in subsection 11(c) (1) and (2)
of this Act.
(4) Any unexpended balance in the funds ap-
propriated under paragraphs (c)(1) and (c)(2) of
this section, after substantial completion of all of the
projects enumerated in sections 9(a) (1), (2), (3),
and (4) shall be available to the Tribe first for com-
pletion of the enumerated projects and then for
other water resource development projects under sec-
tion 9(a)(5).
(d) ADMINISTRATION COSTS.—There is authorized to
be appropriated to the Department of the Interior, Bureau
of Reclamation, in fiscal year 2000, $1,000,000 for its
costs of administration: Provided, That if such costs ex-
ceed $1,000,000, the Bureau of Reclamation may use
funds authorized for appropriation under subsection (c)
of this section for such costs: Provided further, That the
Bureau of Reclamation shall exercise its best efforts to
minimize such costs to avoid exceeding $1,000,000.
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(e) AVAILABILITY OF FUNDS.—The monies author-
ized in section 11 (a) and (b)(1) shall be available for use
immediately upon appropriation. Those monies deposited
in the Chippewa Cree Fund accounts shall draw interest
consistent with section 10(a), but the monies appropriated
under section 11(b) (2) and (3) and 11(c) are not available
for expenditure until completion of the requirements of
section 5(b) of this Act and execution of the waiver and
release required of section 13(c).
(f) WITHOUT FISCAL YEAR LIMITATION.—All money
appropriated pursuant to authorizations under this Act
shall be available without fiscal year limitation.
SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.
Consistent with article VI.C.2. and C.3. of the Com-
pact, the State contribution to settlement shall be as fol-
lows:
(1) $150,000 for the following purposes: water
quality discharge monitoring wells and monitoring
program; diversion structure on Big Sandy Creek;
conveyance structure on Box Elder Creek; and pur-
chase of contract water from Lower Beaver Creek
Reservoir.
(2) Subject to the availability of funds, the
State shall provide services valued at $400,000 for
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administration required by the Compact and for
water quality sampling required by the Compact.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) NON-EXERCISE OF TRIBE’S RIGHTS.—The Tribe
shall not exercise the rights set forth in article VII(A)(3)
of the Compact.
(b) WAIVER OF SOVEREIGN IMMUNITY.—The United
States shall not be deemed to have waived its sovereign
immunity except to the extent provided in subsections (a),
(b), and (c) of section 208 of the Act of July 10, 1952
(43 U.S.C. 666).
(c) TRIBAL RELEASE
OF CLAIMS AGAINST
THE
UNITED STATES.—
(1) Upon passage of this Act, the Tribe shall
execute a waiver and release of the following claims
against the United States, the validity of which are
not recognized by the United States: Provided, that
the waiver and release of claims shall not be effec-
tive until completion of the appropriation of the
funds set forth in section 11 of this Act and comple-
tion of the requirements of section 5(b) of this Act.
(2) Any and all claims to water rights (includ-
ing water rights in surface water, groundwater, and
effluent), claims for injuries to water rights, claims
for loss or deprivation of use of water rights, and
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claims for failure to acquire or develop water rights
for lands of the Tribe from time immemorial to the
date of ratification of the Compact by Congress.
(3) Any and all claims arising out of the nego-
tiation of the Compact and the settlement author-
ized by this Act.
(4) In the event the waiver and release does not
become effective as set forth in subsection (c)(1), the
United States shall be entitled to set-off against any
claim for damages asserted by the Tribe against the
United States any funds transferred to the Tribe
pursuant to section 11 and any interest accrued
thereon up to the date of set-off, and the United
States shall retain any other claims or defenses not
waived in this Act or in the Compact as modified by
this Act.
(d) OTHER TRIBES NOT ADVERSELY AFFECTED.—
Nothing in this Act is intended to quantify or otherwise
adversely affect the land and water rights, or claims or
entitlements to land or water of an Indian Tribe other
than the Chippewa Cree Tribe.
(e) ENVIRONMENTAL COMPLIANCE.—In implement-
ing the Compact, the Secretary shall comply with all as-
pects of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and the Endangered Species Act
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(16 U.S.C. 1531 et seq.), and all other applicable environ-
mental acts and regulations.
(f) EXECUTION
OF COMPACT.—Execution of the
Compact by the Secretary as provided for in this Act shall
not constitute a major Federal Action under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.). The
Secretary is directed to carry out all necessary environ-
mental compliance required by Federal law in implement-
ing this agreement.
(g) ACT NOT PRECEDENTIAL.—Nothing in this Act
shall be construed or interpreted as a precedent for the
litigation of reserved water rights or the interpretation or
administration of future water settlement acts.
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