I 
119TH CONGRESS 
1ST SESSION H. R. 5935 
To approve the settlement of the water rights claims of the Agua Caliente 
Band of Cahuilla Indians, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 7, 2025 
Mr. CALVERT introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To approve the settlement of the water rights claims of 
the Agua Caliente Band of Cahuilla Indians, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Agua Caliente Band of Cahuilla Indians Water Rights 
Settlement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Sec. 4. Ratification of Agreement. 
Sec. 5. Tribal water right. 
Sec. 6. Settlement trust fund. 
Sec. 7. Funding. 
Sec. 8. Enforceability date. 
Sec. 9. Waiver and release of claims. 
Sec. 10. Satisfaction of claims. 
Sec. 11. Possessory interest tax. 
Sec. 12. Transfer of land into trust. 
Sec. 13. Conveyance of Federal land to the Coachella Valley Water District. 
Sec. 14. Miscellaneous provisions. 
Sec. 15. Antideficiency. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims in the State of California to rights 
to water for— 
(A) the Tribe; and 
(B) the United States, acting as trustee 
for the Tribe and Allottees; 
(2) to achieve a fair, equitable, and final settle-
ment of claims regarding the Tribe’s water related 
fees, the RAC, and the Tribal Possessory Interest 
Tax; 
(3) to authorize, ratify and confirm the Agree-
ment among the Tribe, CVWD, and DWA to the ex-
tent that the Agreement is consistent with this Act; 
(4) to authorize and direct the Secretary 
(A) to execute the Agreement; and 
(B) to take any other actions necessary to 
carry out the Agreement in accordance with 
this Act; 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(5) to authorize funds necessary for the imple-
mentation of the Agreement and this Act; 
(6) to authorize the transfer of Federal land to 
the Tribe; and 
(7) to authorize the sale of Federal land to 
CVWD. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJACENT
LANDS.—The term ‘‘Adjacent 
Lands’’ means lands that CVWD owns, leases, uses, 
occupies, controls, or manages that are immediately 
adjacent to the Facility. 
(2) AFY.—The term ‘‘AFY’’ means acre-feet 
per calendar year. 
(3) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means— 
(A) the document entitled ‘‘Agua Caliente 
Band of Cahuilla Indians Water Rights Settle-
ment Agreement’’ and dated May 19, 2025, and 
exhibits attached thereto; and 
(B) any amendment to the document re-
ferred to in subparagraph (A) (including an 
amendment to an exhibit) that is executed to 
ensure that the Agreement is consistent with 
this Act. 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) AGUA
CALIENTE
OR
TRIBE.—The term 
‘‘Agua Caliente’’ or ‘‘Tribe’’ means the Agua 
Caliente Band of Cahuilla Indians, a federally recog-
nized sovereign Indian Tribe with an elected legisla-
tive body operating under a Constitution and by- 
laws approved by the Commissioner of Indian Af-
fairs on April 18, 1957, as amended. 
(5) 
AGUA
CALIENTE
DEVELOPMENT 
PROJECTS.—The term ‘‘Agua Caliente Development 
Projects’’ means water related projects which im-
prove the water supply, water reliability, water infra-
structure, or water quality for the Agua Caliente In-
dian Reservation and/or the Indio Subbasin. 
(6) AGUA CALIENTE INDIAN RESERVATION OR 
RESERVATION.—The terms ‘‘Agua Caliente Indian 
Reservation’’ or ‘‘Reservation’’ means all land within 
the exterior boundaries of the Reservation, as estab-
lished by Presidential Executive Order, Federal pat-
ent, or department order, and any other lands that 
are held in trust by the United States for the Tribe 
or Allottees. 
(7) AGUA
CALIENTE
INDIAN
RESERVATION 
TRUST
LAND.—The term ‘‘Agua Caliente Indian 
Reservation Trust Land’’ means land or lands held 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in trust by the United States for the Tribe or 
Allottees. 
(8) AGUA
CALIENTE
LITIGATION.—The term 
‘‘Agua Caliente Litigation’’ means Agua Caliente 
Band of Cahuilla Indians v. Coachella Valley Water 
District , et al., EDCV 13–883 JGB, Agua Caliente 
Band of Cahuilla Indians v. Coachella Valley Water 
District , et al., EDCV 20–174 JGB, or both. 
(9) AGUA
CALIENTE
WATER
AUTHORITY
OR 
ACWA.—The term ‘‘Agua Caliente Water Authority’’ 
or ‘‘ACWA’’ means the branch of the Agua Caliente 
Tribal government established by the Agua Caliente 
Water Authority Ordinance (Chapter 7.12 of the 
Tribal Code). 
(10) ALLOCATE, 
ALLOCATED
OR
ALLOCA-
TION.—The terms ‘‘Allocate’’, ‘‘Allocated’’, or ‘‘Allo-
cation’’ means the Tribe’s administration of the 
Tribal Water Right under the Tribe’s Water Ordi-
nance to Allottees. 
(11) 
ALLOTMENT.—The 
term 
‘‘Allotment’’ 
means a parcel of land held in trust by the United 
States for the benefit of an individual or individuals 
that is— 
(A) located within the exterior boundaries 
of the Agua Caliente Indian Reservation; or 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) Bureau of Indian Affairs tract num-
bers 584–1006 and 584–1010 in Riverside 
County, California, consisting of approximately 
37 acres located in Sections 3, 11, 13 and 29, 
Township 4 South, Range 5 East, SBBM, set 
aside by the United States for the benefit of a 
Tribal Member. 
(12) ALLOTTEE.—The term ‘‘Allottee’’ means a 
person with a beneficial real property interest in an 
Allotment. 
(13) BUREAU
OF
LAND
MANAGEMENT
OR 
BLM.—The term ‘‘Bureau of Land Management’’ or 
‘‘BLM’’ shall mean the Bureau of Land Manage-
ment in the United States Department of the Inte-
rior. 
(14) CLAIMS.—The term ‘‘Claims’’ means 
rights, claims, demands, actions, compensation or 
causes of action, whether known or unknown, and 
arising under any source of law. 
(15) COACHELLA VALLEY WATER DISTRICT OR 
CVWD.—The terms ‘‘Coachella Valley Water Dis-
trict’’ or ‘‘CVWD’’ means a county water district 
formed in 1918 and organized and operating pursu-
ant to the County Water District Law and the 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Coachella District Merger Law of the California 
Water Code. 
(16) DECREE
COURT.—The term ‘‘Decree 
Court’’ means the United States District Court for 
the Central District of California or any successor 
Federal court with jurisdiction over the Agreement. 
(17) DESERT WATER AGENCY OR DWA.—The 
terms ‘‘Desert Water Agency’’ or ‘‘DWA’’ means an 
independent special district created by a special act 
of the California State Legislature in 1961. 
(18) 
DISTRIBUTE
OR
DISTRIBUTION.—The 
term ‘‘Distribute’’ or ‘‘Distribution’’ means, when 
referencing the Tribal Water Right, the provision of 
water by the Tribe under the Tribal Water Right to 
Third Parties through lease, gift, transfer, or any 
other means. 
(19) DIVERSION.—The term ‘‘Diversion’’ means 
to receive, withdraw, develop, produce, or capture 
water using a ditch, canal, flume, bypass, pipeline, 
pit, collection or infiltration gallery, conduit, well, 
pump, turnout, dam, or any other mechanism or de-
vice. 
(20) DOMESTIC WATER.—The term ‘‘Domestic 
Water’’ means potable water suitable for human 
consumption that is delivered for any purpose to a 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
residential customer, nonresidential customer, com-
mercial or industrial customer, governmental cus-
tomer, or institutional customer. 
(21) DOMESTIC
WATER
SERVICE.—The term 
‘‘Domestic Water Service’’ means the delivery of Do-
mestic Water from CVWD’s or DWA’s water infra-
structure (including water pipelines, booster sta-
tions, wells, treatment facilities, reservoirs, and hy-
drants) and delivery of water for public and private 
fire protection service. 
(22) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 8. 
(23) FACILITY
LAND.—The term ‘‘Facility 
Land’’ means the approximately 842.4 acres of land 
depicted on the map attached to Exhibit 5 of the 
Agreement and described as follows, subject to a 
final survey by the United States and any technical 
corrections to conform to that survey: 
San Bernardino Meridian 
Area A: T. 3S., R. 3E, section 14: S1/ 
2NE1/4SE1/4 
Area B: T. 3S., R. 3E, section 14: SE1/ 
4SE1/4 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Area C: T. 3S., R. 3E, section 23: NE1/ 
4NE1/4 (BLM lot 4 North of Highway 111) 
Area D: T. 3S., R.3E, section 23; NW1/ 
4NE1/4 (North of Highway 111) 
Areas E, F and G: T. 3S, R. 3E, section 
24: N1/2NE1/4, N1/2NW1/4 (BLM lot 1 and 2 
north of Highway 111) 
Areas H, I and J: T. 3S., R. 4E. section 
20: S1/2NE1/4, S1/2NW1/4, S1/2 
Areas K and L: T. 3S., R. 4E. section 28: 
W1/2NW1/4NW1/4, NW1/4SW1/4NW1/4 
Area M: T. 3S., R. 4E. section 30: N1/ 
2NE1/4 (north of Highway 111) 
(24) FINAL
DECREE.—The term ‘‘Final De-
cree’’ means the ‘‘Final Judgment and Decree’’ to 
be entered by the Decree Court with respect to the 
Tribal Water Right— 
(A) that is substantially in the form set 
forth in Exhibit 2 of the Agreement, as amend-
ed if needed to ensure consistency with this Act; 
and 
(B) from which no further appeal may be 
taken. 
(25) GROUNDWATER.—The term ‘‘Ground-
water’’ means the water beneath the surface of the 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ground and within the zone of saturation that is 
below the water table of the Indio Subbasin exclud-
ing water flowing in defined beds and banks of 
creeks and rivers. 
(26) IMPORTED WATER.—The term ‘‘Imported 
Water’’ means water that any person or entity im-
ports into the Indio Subbasin. 
(27) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(28) 
INDIO
SUBBASIN.—The 
term 
‘‘Indio 
Subbasin’’ means the Indio Subbasin (Subbasin 7– 
21.01) as defined by California Department of 
Water Resources Bulletin 118. 
(29) 
IRRIGATION.—The 
term 
‘‘Irrigation’’ 
means water used for agricultural purposes. 
(30) MEMORANDUM
OF
COOPERATION.—The 
term ‘‘Memorandum of Cooperation’’ means the 
Memorandum of Cooperation Regarding Water Man-
agement among and between Agua Caliente, CVWD, 
and DWA (attached as Exhibit 1 to the Agreement). 
(31) MOST
LIKELY
DESCENDANT.—The term 
‘‘Most Likely Descendant’’ has the same meaning as 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
used in California Code, Public Resources Code 
5097.98. 
(32) NATIVE GROUNDWATER.—The term ‘‘Na-
tive Groundwater’’ means the water which naturally 
replenishes and accumulates in the aquifer and does 
not include Imported Water. 
(33) 
NON-CONSUMPTIVE
USE.—The 
term 
‘‘Non-Consumptive Use’’ means any use that does 
not remove water from a natural water body. 
(34) OPERATIONS, MAINTENANCE, AND
RE-
PLACEMENT.—The term ‘‘operations, maintenance, 
and replacement’’ means— 
(A) any recurring or ongoing activity asso-
ciated with the day-to-day operation of a 
project; 
(B) any activity related to scheduled or un-
scheduled maintenance of a project; and 
(C) any activity relating to repairing, re-
placing, or rehabilitating a feature of a project. 
(35) OTHER
PUBLIC
AGENCY.—The term 
‘‘Other Public Agency’’ shall mean any and all polit-
ical subdivisions or public agencies of the State of 
California, other than Riverside County, that but for 
the preemption in this Act otherwise would have re-
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ceived revenue from the Riverside County Ad Valo-
rem Property Tax imposed on Possessory Interests. 
(36) PARTIES.—The term ‘‘Parties’’ means 
Agua Caliente, CVWD, DWA, and the United 
States. 
(37) 
POSSESSORY
INTEREST.—The 
term 
‘‘Possessory Interest’’ means possession of, claim to, 
or right of possession of land or improvements that 
is independent, durable, and exclusive of rights held 
by others in the property, except when coupled with 
ownership of the land or improvements in the same 
person when such lands or improvements are within 
the exterior boundaries of Agua Caliente Indian Res-
ervation Trust Land. 
(38) PRODUCE, PRODUCING, OR
PRODUCTION 
OF WATER.—The terms ‘‘Produce’’, ‘‘Producing’’, or 
‘‘Production of water’’ means the extraction of 
Groundwater or the diversion of surface water, by 
pumping or any other method. 
(39) RAC.—The term ‘‘RAC’’ means the replen-
ishment assessment charge that a Water District 
levies on the production of Groundwater or the di-
version of surface water as described in Cal. Water 
Code § 31630, et seq. or Cal. Water Code Appendix 
§ 100–15.4(b), or any comparable charge or fee. 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(40) RESERVATION
CUSTOMER.—The 
term 
‘‘Reservation Customer’’ means water users located 
on Agua Caliente Indian Reservation Trust Land re-
ceiving delivery of Domestic Water from the Water 
Districts. 
(41) RIVERSIDE
COUNTY.—The term ‘‘River-
side County’’ means the County of Riverside in the 
State of California. 
(42) RIVERSIDE COUNTY AD VALOREM PROP-
ERTY TAX.—The term ‘‘Riverside County Ad Valo-
rem Property Tax’’ means the ad valorem property 
tax imposed by Riverside County on a Possessory 
Interest, as authorized by the California Constitu-
tion, article XIII, section 1, on behalf of various tax-
ing entities, that is subject to the limit described in 
section 93(b) of the California Revenue & Taxation 
Code or any similar tax levied by the Riverside 
County in the future. The term shall not include any 
tax levy on behalf of any taxing entity that is not 
subject to the limit described in section 93(b), such 
as any levy identified in sections 93(a), 93(c), or 
96.31(a) of the California Revenue & Taxation Code. 
(43) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(44) STATE.—The term ‘‘State’’ means the 
State of California and all officers, agents, depart-
ments, and political subdivisions of the State of Cali-
fornia. 
(45) TAX
APPORTIONMENT
SCHEDULE.—The 
term ‘‘Tax Apportionment Schedule’’ means the 
schedule established by Riverside County for distrib-
uting funds from the Riverside County Ad Valorem 
Property Tax to taxing entities. 
(46) 
TRIBAL
CULTURAL
RESOURCE.—The 
terms ‘‘Tribal Cultural Resource’’ means— 
(A) human remains and associated grave 
goods; 
(B) a burial site (as defined in section 2 
of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001)); 
(C) cultural items (as defined in section 2 
of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001)); 
(D) archaeological resources (as defined in 
section 3 of the Archaeological Resources Pro-
tection Act of 1979 (16 U.S.C. 470bb)); or 
(E) Native American historic property (as 
defined in section 300308 of title 54, United 
States Code). 
VerDate Sep 11 2014 
02:25 Nov 08, 2025
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5935.IH
H5935
kjohnson on DSK7ZCZBW3PROD with $$_JOB