I
105TH CONGRESS
1ST SESSION
H. R. 2947
To encourage and to assist in the permanent settlement of all litigation
and other claims to the waters of the Walker River Basin, Nevada,
and to conserve and stabilize the water quantity and quality for fish
habitat and recreation in the Walker River Basin, consistent with the
Walker River Decree issued by the United States district court for
the District of Nevada.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 1997
Mr. GIBBONS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To encourage and to assist in the permanent settlement
of all litigation and other claims to the waters of the
Walker River Basin, Nevada, and to conserve and sta-
bilize the water quantity and quality for fish habitat
and recreation in the Walker River Basin, consistent
with the Walker River Decree issued by the United
States district court for the District of Nevada.
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 ‘‘Walker River Basin
Act of 1997’’.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) Facilitate efforts to negotiate the perma-
nent settlement of all litigation and other claims to
the waters of the Walker River Basin, Nevada, in-
cluding those of the Walker River Paiute Tribe and
Walker Lake.
(2) Encourage an equitable apportionment of
the waters of the Walker River between California
and Nevada.
(3) Direct the management of water rights ac-
quired by the United States on the Walker River.
(4) Protect the fish and wildlife associated habi-
tats in the Walker River Basin of California and Ne-
vada.
(5) Stabilize the water quality and quantity of
Walker Lake at acceptable levels.
(6) Protect recreation resources associated with
the Walker River and its reservoirs, and Walker
Lake.
(7) Protect and preserve agriculture in the
Walker River Basin.
(8) Enhance stream flows.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Locally Affected Interests’’
means, collectively, Mineral County of Nevada, the
Walker River Basin Water Users Association, the
Walker River Irrigation District, the Walker River
Paiute Tribe of Indians, and Mono County of Cali-
fornia.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of
the Bureau of Reclamation.
(3) The term ‘‘Walker River Basin’’ means the
hydrologic area which naturally drains into the
Walker River or Walker Lake (or both), located in
Mineral County, Nevada.
(4) The term ‘‘Walker River Basin Water Users
Association’’ means a nonprofit corporation whose
membership includes, but is not limited to, irrigators
in California and Nevada who possess water rights
pursuant to the Walker River Decree, but not in-
cluding the Walker River Paiute Tribe.
(5) The term ‘‘Walker River Decree’’ means the
final decree in the case of United States v. Walker
River Irrigation District, et al., United States dis-
trict court for the District of Nevada, Equity No. C–
125, filed April 15, 1936, as amended by the Order
of the Honorable A.F. St. Sure, dated April 24,
1940.
SEC. 4. FURTHER SETTLEMENT.
(a) IN GENERAL.—The Secretary, the Locally Af-
fected Interests, the State of Nevada, and the State of
California shall initiate negotiations to explore the poten-
tial for comprehensive and permanent settlement of all
claims to the waters of the Walker River, in California
and Nevada.
(b) REPORT.—If the terms of any settlement nego-
tiated under subsection (a) require legislation by Con-
gress, the Secretary shall submit to Congress a report de-
scribing the necessary legislation.
SEC. 5. AUTHORIZATIONS.
(a) STUDIES AND PROJECTS.—In order to assist the
Locally Affected Interests and the States of Nevada and
California in negotiating a settlement under section 4, the
Secretary shall assist in the development and implementa-
tion of studies, pilot projects or long-term projects (or
both) including, but not limited to, the following:
(1) In accordance with Nevada law, California
law, and other applicable law, a locally managed
Walker River Water Bank to facilitate voluntary
water transfers, including the transfer of any water
delivered pursuant to the water conservation provi-
sion of this Act, within the Walker River Basin in
the States of Nevada and California: Provided, That
the Walker River Water Bank may include water
held by the Walker River Paiute Tribe pursuant to
reserved water rights confirmed in the Walker River
Decree or water rights held by the Walker River
Paiute Tribe (or both). The Locally Affected Inter-
ests shall have the ability to both purchase from and
transfer water to the Walker River Water Bank.
(2) Water conservation, compatible with local
land use, designed to encourage the Locally Affected
Interests to voluntarily conserve water in the Walker
River Basin.
(3) Enhancement of stream flows through
phreatophyte control and debris control and removal
on the Walker River and in Walker Lake, in order
to protect and improve water quality in Walker Lake
and to improve water efficiency for agricultural use.
(4) Improvement of agricultural water manage-
ment practices in the Walker River Basin.
(5) Improvement of water quality in Walker
Lake through the construction and operation of fa-
cilities designed to address problems in Walker Lake
associated with decreased oxygen and increased
salinity.
(2) There are authorized to be appropriated to
the Secretary to carry out the studies, pilot projects,
and long-term projects described in subsection (a),
$10,000,000, which will constitute the maximum of
the United States 75 percent share of costs associ-
ated with the studies, pilot projects, and long-term
projects authorized by this Act. Funds appropriated
under this section shall be made available to the Lo-
cally Affected Interests to carry out the studies, pilot
projects, and long-term projects specified in sub-
section (a). Funds appropriated under this section
shall remain available until expended.
SEC. 6. ADMINISTRATION OF WATER RIGHTS HELD BY THE
UNITED STATES.
(a) IN GENERAL.—To the extent that the Secretary
or any other department or agency of the United States
has acquired or in the future acquires water and water
rights from the Walker River and its tributaries such
water and water rights—
(1) may not be changed except in compliance
with Administrative Rules and Regulations Regard-
ing Change of Point of Diversion, Manner of Use or
Place of Use of Water of the Walker River and its
Tributaries adopted pursuant to the Walker River
Decree;
(2) shall be managed by the Secretary or an-
other department or agency of the United States for
purposes consistent with the purposes of this Act,
including, but not limited to, the utilization of water
to augment instream flows for use within the Walker
River Water Bank or to otherwise benefit Walker
Lake, after consultation with the State of Nevada
and the State of California to ensure compliance
with applicable State laws;
(3) may not be changed without the approval of
the Walker River Irrigation District, if they include
stored water from Bridgeport or Topaz Reservoirs;
and
(4) if they are appurtenant to lands within the
boundaries of the Walker River Irrigation District
may not be exercised for any purpose unless the
United States has paid all assessments associated
with such lands and water rights to the Walker
River Irrigation District.
(b) LIMITATION ON APPLICATION.—The provisions of
subsection (a) do not apply to water rights held or ac-
quired by the United States in trust for the Walker River
Paiute Tribe.
SEC. 7. MORATORIUM.
(a) IN GENERAL.—Until the date that is 1 year after
the date of enactment of this Act and during the period
in which a study or pilot project under section 5(a) is un-
dertaken, no court or administrative tribunal shall have
jurisdiction to hear or determine a claim or matter related
to a claim for additional water for the Walker River Indian
Reservation or for Walker Lake or a claim to amend the
Walker River Decree in any manner.
(b) TOLLING.—Any applicable period of limitation
shall be tolled during the moratorium period under sub-
section (a).
(c) NO LIMITATION ON JURISDICTION.—Nothing in
this Act affects the jurisdiction of the United States dis-
trict court for the District of Nevada to ensure that own-
ers of water rights recognized in the Walker River Decree
receive the quantity of water to which the owners are enti-
tled under the Decree.
SEC. 8. ACCESS TO INFORMATION.
No person may use information furnished in connec-
tion with or derived from a study or pilot project under
section 5(a) for any purpose (including introduction as evi-
dence in any court or administrative proceeding) except
for the purpose of facilitating settlement under section 4.
SEC. 9. COMPLIANCE WITH WALKER RIVER DECREE.
The Secretary shall not take any action that would
undermine, contradict, or diminish the water rights con-
firmed in the Walker River Decree other than action that
the Secretary determines is necessary and within the au-
thority of the Secretary as trustee for the Walker River
Paiute Indian Tribe and members of the Tribe.
SEC. 10. EXISTING AUTHORITY.
Except as provided in section 7, nothing in this Act
affects the authority of the Secretary, the Walker River
Paiute Indian Tribe, the State of Nevada, or the State
of California in existence on the date of enactment of this
Act.
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