before the date of enactment of this Act, taking into con-
sideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Settlement Agreement and this Act; 
(2) the availability of funding under this Act 
and from other sources; 
(3) the availability of water from the Tribal 
water rights; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381), and this Act to 
protect the interests of allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHT.— 
(1) IN GENERAL.—A consumptive Tribal water 
right of up to 4,705 acre-feet of water per year is 
confirmed in accordance with the terms and condi-
tions of the Settlement Agreement. 
(2) PRIORITY DATE.—Consistent with the Set-
tlement Agreement, the priority date of the Tribal 
water right shall be October 24, 1832. 
(3) USE.—The Tribe may use the Tribal water 
right for any purpose set forth in the Settlement 
Agreement, this Act, and applicable Federal law. 
(c) TRUST STATUS OF TRIBAL WATER RIGHTS.— 
The Tribal water right— 
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(1) shall be held in trust by the United States 
on behalf of the Tribe its members and allottees in 
accordance with this section; and 
(2) shall not be subject to forfeiture or aban-
donment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 
1887.—The provisions of section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381), relating to the use 
of water for irrigation purposes shall apply to the 
Tribal water right. 
(2) ENTITLEMENT
TO
WATER.—Any entitle-
ment to water of an allottee under Federal law shall 
be satisfied from the Tribal water right. 
(3) ALLOCATIONS.—An allottee shall be entitled 
to a just and equitable allocation of water for irriga-
tion. 
(4) MEMBERS.—Members who do not own in-
terests in allotted land shall nonetheless be entitled 
to the use of a portion of the Tribal water rights 
pursuant to the terms and conditions of the Kick-
apoo Tribe Water Rights Settlement Agreement and 
the Tribal Water Code. 
(5) CLAIMS.— 
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(A) EXHAUSTION OF REMEDIES.—Before 
asserting any claim against the United States 
under section 7 of the Act of February 8, 1887 
(25 U.S.C. 381), or any other applicable law, 
an allottee shall exhaust remedies available 
under the Tribal Water Code or other applica-
ble Tribal law. 
(B) ACTION FOR RELIEF.—Following ex-
haustion of all remedies available under the 
Tribal Water Code or other applicable Tribal 
law, an allottee may seek relief under section 7 
of the Act of February 8, 1887 (25 U.S.C. 
381), or other applicable law. 
(6) AUTHORITY OF THE SECRETARY.—The Sec-
retary shall have the authority to protect the rights 
of members or allottees in accordance with this sec-
tion. 
(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Tribe shall have authority to use, al-
locate, distribute, and lease the Tribal water right 
for any use on the Reservation in accordance with 
the Settlement Agreement, this Act, the Tribal 
Water Code or other Tribal law, and applicable Fed-
eral law. 
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(2) OFF-RESERVATION
USE.—The Tribe may 
allocate, distribute, and lease the Tribal water right 
for off-Reservation use in accordance with the Set-
tlement Agreement, subject to the approval of the 
Secretary. 
(3) LEASES BY ALLOTTEES.— 
(A) IN GENERAL.—An allottee may lease 
any interest in land held by the allottee, to-
gether with any water rights determined to be 
appurtenant to that interest in land, in accord-
ance with the Tribal Water Code. 
(B) OFF-RESERVATION USE.—An allottee 
may lease any water rights determined to be 
appurtenant to its allotment for off-Reservation 
in accordance with the Settlement Agreement, 
subject to the approval of the Secretary. 
(f) TRIBAL WATER CODE.— 
(1) IN GENERAL.—Not later than 3 years after 
the enforceability date, the Tribe shall enact a Trib-
al Water Code, that provides for— 
(A) the management, regulation, and gov-
ernance of all uses of the Tribal water right in 
accordance with the Settlement Agreement and 
this Act; and 
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(B) establishment by the Tribe of condi-
tions, permit requirements, and other require-
ments for the allocation, distribution, diversion, 
storage, and use of the Tribal water right in ac-
cordance with the Settlement Agreement and 
this Act. 
(2) INCLUSIONS.—Subject to the approval of 
the Secretary, the Tribal Water Code shall provide— 
(A) that any use of water by allottees shall 
be satisfied with water from the Tribal water 
right; 
(B) a process by which an allottee may re-
quest that the Tribe provide water for irrigation 
purposes in accordance with this Act, including 
the provision of water under any allottee lease 
under section 4 of the Act of June 25, 1910 
(25 U.S.C. 403); 
(C) that charges for delivery of water for 
irrigation purposes for allottees shall be as-
sessed in accordance with section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381); 
(D) a due process system for the consider-
ation and determination by the Tribe of any re-
quest by a member or allottee (or a successor 
in interest to an allottee) for an allocation of 
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water for irrigation on allotted land, including 
a process for— 
(i) appeal and adjudication of any de-
nied or disputed distribution of water; and 
(ii) resolution of any contested admin-
istrative decision; and 
(E) a requirement that any member or al-
lottee with a claim relating to the enforcement 
of rights of the member or allottee under the 
Tribal Water Code, or to the quantity of water 
allocated to land of the allottee, shall exhaust 
all remedies available to the member or allottee 
under Tribal law before initiating an action 
against the United States or petitioning the 
Secretary pursuant to subsection (d)(5). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—During the period be-
ginning on the date of enactment of this Act 
and ending on the date on which a Tribal water 
code described in paragraphs (1) and (2) is en-
acted, the Secretary shall administer, with re-
spect to the rights of allottees, the Tribal water 
right in accordance with this Act. 
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