137 
Subtitle B—Improved Water 
Technology and Data 
SEC. 221. X-PRIZE FOR WATER TECHNOLOGY BREAK-
THROUGHS. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘board’’ means the 
board established under subsection (c). 
(2) ELIGIBLE PERSON.—The term ‘‘eligible per-
son’’ means— 
(A) an individual who is— 
(i) a citizen or legal resident of the 
United States; or 
(ii) a member of a group that includes 
citizens or legal residents of the United 
States; 
(B) an entity that is incorporated and 
maintains its primary place of business in the 
United States; or 
(C) a public water agency. 
(3) FINANCIAL
AWARD
COMPETITION.—The 
term ‘‘financial award competition’’ means the 
award competition under subsection (d)(1). 
(4) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (b).
138 
(b) WATER TECHNOLOGY AWARD PROGRAM ESTAB-
LISHED.—The Secretary, working through the Bureau of 
Reclamation, and in coordination with the Secretary of 
Energy, shall establish a program to award prizes to eligi-
ble persons for achievement in one or more of the following 
applications of water technology: 
(1) Demonstration of wastewater and industrial 
process water purification for reuse or desalination 
of brackish water or seawater with significantly less 
energy than current municipally and commercially 
adopted technologies. 
(2) Demonstration of portable or modular de-
salination units that can process 1 to 5,000,000 gal-
lons per day that could be deployed for temporary 
emergency uses in coastal communities or commu-
nities with brackish groundwater supplies. 
(3) Demonstration of significant advantages 
over current municipally and commercially adopted 
reverse osmosis technologies as determined by the 
board established under subsection (c). 
(4) Demonstration of significant improvements 
in the recovery of residual or waste energy from the 
desalination process. 
(5) Reducing open water evaporation. 
(c) ESTABLISHMENT OF BOARD.—
139 
(1) IN GENERAL.—The Secretary shall establish 
a board to administer the program. 
(2) MEMBERSHIP.—The board shall be com-
posed of not less than 15 and not more than 21 
members appointed by the Secretary, of whom not 
less than 2 shall— 
(A) be a representative of the interests of 
public water districts or other public organiza-
tions with water delivery authority; 
(B) be a representative of the interests of 
academic organizations with expertise in the 
field of water technology, including desalination 
or water reuse; 
(C) be representative of a non-profit con-
servation organization; 
(D) have expertise in administering award 
competitions; and 
(E) be a representative of the Bureau of 
Reclamation of the Department of the Interior 
with expertise in the deployment of desalination 
or water reuse. 
(d) AWARDS.—Subject to the availability of appro-
priations, the board may make the following awards: 
(1) FINANCIAL PRIZE.—A financial award given 
through a competition in an amount determined be-
140 
fore the commencement of the competition to the 
first competitor to meet such criteria as the board 
shall establish. 
(2) RECOGNITION
PRIZE.—A non-monetary 
award, through which the board recognizes an eligi-
ble person for superlative achievement in 1 or more 
applications described in subsection (a). An award 
under this paragraph shall not include any financial 
remuneration. 
(e) ADMINISTRATION.— 
(1) CONTRACTING.—The board may contract 
with a private organization to administer a financial 
award competition described in subsection (d)(1). 
(2) SOLICITATION OF FUNDS.—A member of 
the board or any administering organization with 
which the board has a contract under paragraph (1) 
may solicit gifts from private and public entities to 
be used for a financial award competition. 
(3) LIMITATION
ON
PARTICIPATION
OF
DO-
NORS.—The board may allow a donor who is a pri-
vate person described in paragraph (2) to participate 
in the determination of criteria for an award under 
subsection (d), but such donor may not solely deter-
mine the criteria for such award.
141 
(4) NO ADVANTAGE FOR DONATION.—A donor 
who is a private person described in paragraph (3) 
shall not be entitled to any special consideration or 
advantage with respect to participation in a financial 
award competition. 
(f) INTELLECTUAL PROPERTY.—The Federal Gov-
ernment may not acquire an intellectual property right in 
any product or idea by virtue of the submission of such 
product or idea in the financial award competition. 
(g) LIABILITY.—The board may require a competitor 
in a financial award competition to waive liability against 
the Federal Government for injuries and damages that re-
sult from participation in such competition. 
(h) ANNUAL REPORT.—Each year, the board shall 
submit to the relevant committees of Congress a report 
on the program. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated sums for the program 
as follows: 
(1) For administration of the awards under 
subsection (d), $750,000 for each fiscal year 
through fiscal year 2027, to remain available until 
expended. 
(2) For the financial prize award under sub-
section (d)(1), in addition to any amounts received
142 
under subsection (e)(2), $5,000,000 for each fiscal 
year through fiscal year 2027, to remain available 
until expended. 
SEC. 222. WATER TECHNOLOGY INVESTMENT PROGRAM ES-
TABLISHED. 
(a) IN GENERAL.—The Secretary, acting through the 
Bureau of Reclamation, shall establish a program, pursu-
ant to the Reclamation Wastewater and Groundwater 
Study and Facilities Act (Public Law 102–575, title XVI), 
the Water Desalination Act of 1996 (Public Law 104– 
298), and other applicable laws, to promote the expanded 
use of technology for improving availability and resiliency 
of water supplies and power deliveries, which shall include 
investments to enable expanded and accelerated— 
(1) deployment of desalination technology; and 
(2) use of recycled water. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each fis-
cal year through fiscal year 2027 for the Secretary to 
carry out the purposes and provisions of this section. 
SEC. 223. FEDERAL PRIORITY STREAMGAGES. 
(a) FEDERAL PRIORITY STREAMGAGES.—The Sec-
retary shall make every reasonable effort to make oper-
ational all streamgages identified as Federal Priority 
Streamgages by the United States Geological Survey not
143 
later than 10 years after the date of the enactment of this 
Act. 
(b) COLLABORATION WITH STATES.—The Secretary 
shall, to the maximum extent practicable, seek to leverage 
Federal investments in Federal Priority Streamgages 
through collaborative partnerships with States and local 
agencies that invest non-Federal funds to maintain and 
enhance streamgage networks to improve both environ-
mental quality and water supply reliability. 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise available, there is authorized 
to be appropriated $150,000,000 to the Secretary to carry 
out this section, to remain available until expended. 
Subtitle C—Drought Response and 
Preparedness for Ecosystems 
SEC. 231. AQUATIC ECOSYSTEM RESTORATION PROGRAM. 
In addition to amounts otherwise available, there is 
authorized to be appropriated $150,000,000 to remain 
available until expended for design, study, and construc-
tion of aquatic ecosystem restoration and protection 
projects in accordance with section 1109 of division FF 
of the Consolidated Appropriations Act, 2021 (Public Law 
116–260).
144 
SEC. 232. WATERSHED HEALTH PROGRAM. 
In addition to amounts otherwise available, there is 
authorized to be appropriated $200,000,000 to carry out 
section 40907 of the Infrastructure Investment and Jobs 
Act (43 U.S.C. 3207), to remain available until expended. 
SEC. 233. WATERBIRD HABITAT CREATION PROGRAM. 
(a) AUTHORIZATION OF HABITAT CREATION PRO-
GRAM.—The Secretary shall establish a program to 
incentivize farmers to keep fields flooded during appro-
priate time periods for the purposes of waterbird habitat 
creation and maintenance, including waterfowl and 
shorebird habitat creation and maintenance, provided 
that— 
(1) such incentives may not exceed $3,500,000 
annually, either directly or through credits against 
other contractual payment obligations; 
(2) the holder of a water contract receiving pay-
ments under this section pass such payments 
through to farmers participating in the program, 
less reasonable contractor costs, if any; and 
(3) the Secretary determines that habitat cre-
ation activities receiving financial support under this 
section will create new habitat that is not likely to 
be created without the financial incentives provided 
under this section.
145 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $3,500,000 
for each fiscal year through fiscal year 2027 to carry out 
this section, to remain available until expended. 
(c) REPORT.—Not later than October 1, 2023, and 
every 2 years thereafter, the Secretary shall submit to 
Congress a report summarizing the environmental per-
formance of activities that are receiving, or have received, 
assistance under the program authorized by this section. 
SEC. 234. SUPPORT FOR REFUGE WATER DELIVERIES. 
(a) REPORT ON HISTORIC REFUGE WATER DELIV-
ERIES.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary shall submit to the rel-
evant committees of Congress and make publicly available 
a report that describes the following: 
(1) Compliance with section 3406(d)(1) and 
section 3406(d)(2) of the Central Valley Project Im-
provement Act (title XXXIV of Public Law 102– 
575) in each of years 1992 through 2018, including 
an indication of the amount of water identified as 
the Level 2 amount and incremental Level 4 amount 
for each wetland area. 
(2) The difference between the mandated quan-
tity of water to be delivered to each wetland habitat 
area described in section 3406(d)(2) and the actual
146 
quantity of water delivered since October 30, 1992, 
including a listing of every year in which the full de-
livery of water to wetland habitat areas was achieved 
in accordance with Level 4 of the ‘‘Dependable 
Water Supply Needs’’ table, described in section 
3406(d)(2) of the Central Valley Project Improve-
ment Act (title XXXIV of Public Law 102–575). 
(3) Which of the authorities granted to the Sec-
retary under Public Law 102–575 to achieve the full 
Level 4 deliveries of water to wetland habitat areas 
was employed in achieving the increment of water 
delivery above the Level 2 amount for each wetland 
habitat area, including whether water conservation, 
conjunctive use, water purchases, water leases, dona-
tions, water banking, or other authorized activities 
have been used and the extent to which such au-
thorities have been used. 
(4) An assessment of the degree to which the 
elimination of water transaction fees for the dona-
tion of water rights to wildlife refuges would help 
advance the goals of the Central Valley Project Im-
provement Act (title XXXIV of Public Law 102– 
575). 
(b) PRIORITY CONSTRUCTION LIST.—The Secretary 
shall establish, through a public process and in consulta-
147 
tion with the Interagency Refuge Water Management 
Team, a priority list for the completion of the conveyance 
construction projects at the wildlife habitat areas de-
scribed in section 3406(d)(2) of the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102–575), 
including the Mendota Wildlife Area, Pixley National 
Wildlife Refuge and Sutter National Wildlife Refuge. 
(c) ECOLOGICAL MONITORING
AND EVALUATION 
PROGRAM.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary, acting through the 
Director of the United States Fish and Wildlife Service, 
shall design and implement an ecological monitoring and 
evaluation program, for all Central Valley wildlife refuges, 
that produces an annual report based on existing and 
newly collected information, including— 
(1) the United States Fish and Wildlife Service 
Animal Health Lab disease reports; 
(2) mid-winter waterfowl inventories; 
(3) nesting and brood surveys; 
(4) additional data collected regularly by the 
refuges, such as herptile distribution and abundance; 
(5) a new coordinated systemwide monitoring 
effort for at least one key migrant species and two 
resident species listed as threatened and endangered 
pursuant to the Endangered Species Act of 1973
148 
(16 U.S.C. 1531 et seq.) (including one warm-blood-
ed and one cold-blooded), that identifies population 
numbers and survival rates for the 3 previous years; 
and 
(6) an estimate of the bioenergetic food produc-
tion benefits to migrant waterfowl, consistent with 
the methodology used by the Central Valley Joint 
Venture, to compliment and inform the Central Val-
ley Joint Venture implementation plan. 
(d) ADEQUATE STAFFING FOR REFUGE WATER DE-
LIVERY OBJECTIVES.—The Secretary shall ensure that 
adequate staffing is provided to advance the refuge water 
supply delivery objectives under the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102–575). 
(e) FUNDING.—There is authorized to be appro-
priated $25,000,000 to carry out subsections (a) through 
(d), which shall remain available until expended. 
(f) EFFECT ON OTHER FUNDS.—Amounts author-
ized under this section shall be in addition to amounts col-
lected or appropriated under the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102–575). 
SEC. 235. DROUGHT PLANNING AND PREPAREDNESS FOR 
CRITICALLY IMPORTANT FISHERIES. 
(a) DEFINITIONS.—In this section:
149 
(1) CRITICALLY IMPORTANT FISHERIES.—The 
term ‘‘critically important fisheries’’ means— 
(A) commercially and recreationally impor-
tant fisheries located within the Reclamation 
States; 
(B) fisheries containing fish species that 
are listed as threatened or endangered pursuant 
to the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) within the Reclamation 
States; or 
(C) fisheries used by Indian Tribes within 
the Reclamation States for ceremonial, subsist-
ence, or commercial purposes. 
(2) QUALIFIED
TRIBAL
GOVERNMENT.—The 
term ‘‘qualified Tribal Government’’ means any gov-
ernment of an Indian Tribe that the Secretary deter-
mines— 
(A) is involved in fishery management and 
recovery activities including under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et 
seq.); or 
(B) has the management and organiza-
tional capability to maximize the benefits of as-
sistance provided under this section.
150 
(b) DROUGHT PLAN FOR CRITICALLY IMPORTANT 
FISHERIES.—Not later than January 1, 2024, and every 
three years thereafter, the Secretary, acting through the 
Director of the United States Fish and Wildlife Service 
shall, in consultation with the National Marine Fisheries 
Service, the Bureau of Reclamation, the Army Corps of 
Engineers, State fish and wildlife agencies, and affected 
Indian Tribes, prepare a plan to sustain the survival of 
critically important fisheries within the Reclamation 
States during periods of extended drought. The plan shall 
focus on actions that can aid the survival of critically im-
portant fisheries during the driest years. In preparing 
such plan, the Director shall consider— 
(1) habitat restoration efforts designed to pro-
vide drought refugia and increased fisheries resil-
ience during droughts; 
(2) relocating the release location and timing of 
hatchery fish to avoid predation and temperature 
impacts; 
(3) barging of hatchery release fish to improve 
survival and reduce straying; 
(4) coordination with water users, the Bureau 
of Reclamation, State fish and wildlife agencies, and 
interested public water agencies regarding voluntary 
water transfers, including through groundwater sub-
151 
stitution activities, to determine if water releases can 
be collaboratively managed in a way that provides 
additional benefits for critically important fisheries 
without negatively impacting wildlife habitat; 
(5) hatchery management modifications, such 
as expanding hatchery production of fish during the 
driest years, if appropriate for a particular river 
basin; 
(6) hatchery retrofit projects, such as the in-
stallation and operation of filtration equipment and 
chillers, to reduce disease outbreaks, egg mortality 
and other impacts of droughts and high water tem-
peratures; 
(7) increasing rescue operations of upstream 
migrating fish; 
(8) improving temperature modeling and related 
forecasted information to predict water management 
impacts to the habitat of critically important fish-
eries with a higher degree of accuracy than current 
models; 
(9) testing the potential for parentage-based 
tagging and other genetic testing technologies to im-
prove the management of hatcheries; 
(10) programs to reduce predation losses at ar-
tificially created predation hot spots; and
152 
(11) retrofitting existing water facilities to pro-
vide improved temperature conditions for fish. 
(c) PUBLIC COMMENT.—The Director of the United 
States Fish and Wildlife Service shall provide for a public 
comment period of not less than 90 days before finalizing 
a plan under subsection (b). 
(d) AUTHORIZATION OF APPROPRIATIONS FOR FISH 
RECOVERY EFFORTS.—There is authorized to be appro-
priated $25,000,000 for the United States Fish and Wild-
life Service for fiscal year 2023 for fish, stream, and 
hatchery activities related to fish recovery efforts, includ-
ing work with the National Marine Fisheries Service, the 
Bureau of Reclamation, the Army Corps of Engineers, 
State fish and wildlife agencies, or a qualified Tribal Gov-
ernment. 
(e) EFFECT.—Nothing in this section is intended to 
expand, diminish, or affect any obligation under Federal 
or State environmental law. 
SEC. 236. REAUTHORIZATION OF THE FISHERIES RESTORA-
TION AND IRRIGATION MITIGATION ACT OF 
2000. 
Section 10(a) of the Fisheries Restoration and Irriga-
tion Mitigation Act of 2000 (16 U.S.C. 777 note; Public 
Law 106–502) is amended by striking ‘‘$15 million
153 
through 2021’’ and inserting ‘‘$25,000,000 through 
2028’’. 
SEC. 237. SUSTAINING BIODIVERSITY DURING DROUGHTS. 
Section 9503(b) of the Omnibus Public Land Man-
agement Act of 2009 (42 U.S.C. 10363(b)) is amended— 
(1) in paragraph (3)(D), by inserting ‘‘and na-
tive biodiversity’’ after ‘‘wildlife habitat’’; and 
(2) in paragraph (4)(B), by inserting ‘‘and 
drought biodiversity plans to address sustaining na-
tive biodiversity during periods of drought’’ after 
‘‘restoration plans’’. 
SEC. 238. WATER RESOURCE EDUCATION. 
(a) GENERAL AUTHORITY.—In accordance with this 
section, the Secretary may enter into a cooperative agree-
ment or contract or provide financial assistance in the 
form of a grant, to support activities related to education 
on water resources. 
(b) ELIGIBLE ACTIVITIES.—The Secretary may enter 
into a cooperative agreement or contract or provide finan-
cial assistance for activities that improve water resources 
education, including through tours, publications or other 
activities that— 
(1) disseminate information on water resources 
via educational tools, materials or programs;
154 
(2) publish relevant information on water re-
source issues, including environmental and ecological 
conditions; 
(3) advance projects that improve public under-
standing of water resource issues or management 
challenges, including education on drought, drought 
awareness, and drought resiliency; 
(4) provide training or related education for 
teachers, faculty, or related personnel, including in 
a specific geographic area or region; or 
(5) enable tours, conferences, or other activities 
to foster cooperation in addressing water resources 
or management challenges, including cooperation re-
lating to water resources shared by the United 
States and Canada or Mexico. 
(c) GRANT PRIORITY.—In making grants under this 
section, the Secretary shall give priority to activities 
that— 
(1) provide training for the professional devel-
opment of legal and technical experts in the field of 
water resources management; or 
(2) help educate the public, teachers or key 
stakeholders on—
155 
(A) a new or significantly improved water 
resource management practice, method, or tech-
nique; 
(B) the existence of a water resource man-
agement practice, method, or technique that 
may have wide application; 
(C) a water resource management practice, 
method, or technique related to a scientific field 
or skill identified as a priority by the Secretary; 
or 
(D) general water resource issues or man-
agement challenges, including as part of a 
science curricula in elementary or secondary 
education setting. 
TITLE III—OPEN ACCESS 
EVAPOTRANSPIRATION DATA 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Open Access 
Evapotranspiration Data Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) 
EVAPOTRANSPIRATION.—The 
term 
‘‘evapotranspiration’’ or ‘‘ET’’ means the process by 
which water is transferred from the land to the at-
mosphere by—
156 
(A) evaporation from soil and other sur-
faces; and 
(B) transpiration from plants. 
(2) PROGRAM.—The term ‘‘Program’’ means 
the Open Access Evapotranspiration (OpenET) Data 
Program established under section 304(a). 
(3) PROGRAM PARTNER.—The term ‘‘Program 
partner’’ means— 
(A) an institution of higher education; 
(B) a State (including a State agency); 
(C) an Indian Tribe as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304); 
(D) a private sector entity; 
(E) a nongovernmental organization; or 
(F) any other entity determined to be ap-
propriate by the Secretary. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the United States Geological Survey. 
SEC. 303. FINDINGS. 
Congress finds that— 
(1) evapotranspiration is the second largest 
component of the water budget, which is an account-
157 
ing of the allocation of water resources to various 
water uses; 
(2) evapotranspiration is a measure of the 
water that is consumed and lost from a water sys-
tem, removed from available supplies, and unavail-
able for other uses within a watershed; 
(3) accurate information on evapotranspiration 
is required to balance water supply and water de-
mand in a watershed and ensure that adequate 
water supplies for beneficial uses are available over 
time; 
(4) water users and managers are impeded in 
more efficient decision making by— 
(A) the lack of consistent and comprehen-
sive water use data; and 
(B) the fact that access to existing data is 
often limited and cost-prohibitive; and 
(5) evapotranspiration data may be applied for 
the purposes of— 
(A) assisting users and decisionmakers to 
better manage resources and protect financial 
viability of farm operations during drought; 
(B) developing more accurate water budg-
ets and innovative management programs to
158 
better promote conservation and sustainability 
efforts; and 
(C) employing greater groundwater man-
agement practices and understanding impacts 
of consumptive water use. 
SEC. 304. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) 
DATA PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program to be known as the ‘‘Open Access 
Evapotranspiration (OpenET) Data Program’’ under 
which the Secretary shall provide for the delivery of sat-
ellite-based evapotranspiration data, as available, sup-
ported by other ET methods— 
(1) to advance the quantification of evaporation 
and consumptive water use; and 
(2) to provide data users with estimates of 
evapotranspiration data across large landscapes over 
certain periods of time, with a priority for Landsat 
scale (30–100m) when available. 
(b) PURPOSE.—The purpose of the Program is to 
support the operational distribution of satellite-based 
evapotranspiration data generated under the Program to 
sustain and enhance water resources in the United States. 
(c) DUTIES.—In carrying out the Program, the Sec-
retary shall—
159 
(1) evaluate, use, and modify sources of sat-
ellite-based evapotranspiration data, supported by 
other ET methods, based on best available science 
and technologies; and 
(2) coordinate and consult with— 
(A) the heads of other relevant Federal 
agencies, including— 
(i) the Commissioner of Reclamation; 
(ii) the Administrator of the National 
Aeronautics and Space Administration; 
(iii) the Administrator of the National 
Oceanic and Atmospheric Administration; 
(iv) the Administrator of the Agricul-
tural Research Service; and 
(v) the Chief of the Natural Resources 
Conservation Service; and 
(B) Program partners. 
(d) COMPONENTS.—In carrying out the Program, the 
Secretary shall, in coordination with other relevant agen-
cies, carry out activities to develop, maintain, establish, 
expand, 
or 
advance 
delivery 
of 
satellite-based 
evapotranspiration data, supported by other ET methods, 
to advance the quantification of evaporation and consump-
tive water use, with an emphasis on carrying out activities 
that—
160 
(1) support the development and maintenance 
of evapotranspiration data and software systems and 
associated research and development in a manner 
that ensures that Program data are reflective of the 
best available science, including by providing support 
to Program partners, or coordinating activities with 
other programs within the Department of the Inte-
rior, that have developed and are maintaining 
evapotranspiration software systems and datasets; 
(2) demonstrate or test new and existing 
evapotranspiration measurement technology; 
(3) improve evapotranspiration measurement 
science and technology; and 
(4) develop or refine the application of satellite- 
based evapotranspiration data available to Federal 
agencies, States, and Indian Tribes, including pro-
grams within both the Water Resources and Core 
Science Systems divisions of the United States Geo-
logical Survey. These may include— 
(A) the Water Availability and Use Science 
Program, the National Water Census, and Inte-
grated Water Availability Assessments; and 
(B) the National Land Imaging Program, 
the Land Change Science Program, and the 
Science Analytics and Synthesis Program.
161 
(e) WATER USE AND AVAILABILITY OF PROGRAM 
DATA.—The Secretary— 
(1) shall incorporate, to the maximum extent 
practicable, program information and data for pur-
poses of determining consumptive water use on irri-
gated or other vegetated landscapes for use by water 
resource management agencies; 
(2) may continue to coordinate data analyses, 
use, and collection efforts with other Federal agen-
cies, States, and Tribal governments through exist-
ing coordinating organizations, such as— 
(A) the Western States Water Council; and 
(B) the Western States Federal Agency 
Support Team; and 
(3) may provide information collected and ana-
lyzed under the Program to Program partners 
through appropriate mechanisms, including through 
agreements with Federal agencies, States (including 
State agencies), or Indian Tribes, leases, contracts, 
cooperative agreements, grants, loans, and memo-
randa of understanding. 
(f) COOPERATIVE
AGREEMENTS.—The Secretary 
shall— 
(1) enter into cooperative agreements with Pro-
gram partners to provide for the efficient and cost-
162 
effective administration of the Program, including 
through cost sharing or by providing additional in- 
kind resources necessary to carry out the Program; 
and 
(2) provide nonreimbursable matching funding, 
as permissible, for programmatic and operational ac-
tivities under this section, in consultation with Pro-
gram partners. 
(g) ENVIRONMENTAL LAWS.—Nothing in this title 
modifies any obligation of the Secretary to comply with 
applicable Federal and State environmental laws in car-
rying out this title. 
SEC. 305. REPORT. 
Not later than 5 years after the date of the enact-
ment of this title, the Secretary shall submit to the Com-
mittees on Energy and Natural Resources, Agriculture, 
Nutrition, and Forestry, and Appropriations of the Senate 
and the Committees on Natural Resources, Agriculture, 
and Appropriations of the House of Representatives a re-
port that includes— 
(1) a status update on the operational incorpo-
ration of Program data into modeling, water plan-
ning, and reporting efforts of relevant Federal agen-
cies; and
163 
(2) a list of Federal agencies and Program 
partners that are applying Program data to bene-
ficial use, including a description of examples of ben-
eficial uses. 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary to carry out this title $23,000,000 for each of fiscal 
years 2023 through 2027, to remain available until ex-
pended. 
TITLE IV—COLORADO RIVER IN-
DIAN TRIBES WATER RESIL-
IENCY 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Colorado River Indian 
Tribes Water Resiliency Act of 2022’’. 
SEC. 402. FINDINGS. 
The purposes of this title 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 ex-
change agreements, storage agreements, or agree-
ments for conserved water entered into by the CRIT.
164 
SEC. 403. DEFINITIONS. 
In this title: 
(1) AGREEMENT
FOR
CONSERVED
WATER.— 
The term ‘‘agreement for conserved water’’ means 
an agreement for the creation of system conserva-
tion, storage of conserved water in Lake Mead, or 
other mechanisms for voluntarily leaving a portion of 
the CRIT reduced consumptive use in Lake Mead. 
(2) ALLOTTEE.—The term ‘‘allottee’’ means an 
individual who holds a beneficial real property inter-
est in an allotment of Indian land that is— 
(A) located within the exterior boundaries 
of the Reservation; and 
(B) held in trust by the United States. 
(3) CONSOLIDATED DECREE.—The term ‘‘Con-
solidated Decree’’ means the decree entered by the 
Supreme Court of the United States in Arizona v. 
California (547 U.S. 150 (2006)). 
(4) CONSUMPTIVE USE.—The term ‘‘consump-
tive use’’ means a portion of the decreed allocation 
that has a recent history of use by the CRIT within 
the exterior boundary of the Reservation. Any 
verified reduction in consumptive use pursuant to a 
lease or exchange agreement, storage agreement, or 
agreement for conserved water, shall be deemed to 
be a consumptive use in the year in which the reduc-
165 
tion occurred, if the reduction is reflected in the 
Water Accounting Report. 
(5) CRIT.—The term ‘‘CRIT’’ means the Colo-
rado River Indian Tribes, a federally recognized In-
dian Tribe. 
(6) DECREED
ALLOCATION.—The term ‘‘de-
creed allocation’’ means the volume of water of the 
mainstream of the Colorado River allocated to the 
CRIT that is accounted for as part of the apportion-
ment for the State in part I–A of the Appendix of 
the Consolidated Decree. 
(7) LOWER BASIN.—The term ‘‘Lower Basin’’ 
has the meaning given the term in article II(g) of 
the Colorado River Compact of 1922, as approved by 
Federal law in section 13 of the Boulder Canyon 
Project Act (43 U.S.C. 617l) and by the Presidential 
Proclamation of June 25, 1929 (46 Stat. 3000). 
(8) PERSON.—The term ‘‘person’’ means an in-
dividual, a public or private corporation, a company, 
a partnership, a joint venture, a firm, an associa-
tion, a society, an estate or trust, a private organiza-
tion or enterprise, the United States, an Indian 
Tribe, a governmental entity, or a political subdivi-
sion or municipal corporation organized under, or 
subject to, the constitution and laws of the State.
166 
(9) RESERVATION.—The term ‘‘Reservation’’ 
means the portion of the reservation established for 
the CRIT that is located in the State. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(11) STATE.—Except for purposes of section 
416, the term ‘‘State’’ means the State of Arizona. 
(12) STORAGE.—The term ‘‘storage’’ means the 
underground storage, in accordance with State law, 
of a portion of the consumptive use off the Reserva-
tion within the Lower Basin in the State. 
(13) WATER ACCOUNTING REPORT.—The term 
‘‘Water Accounting Report’’ means the annual re-
port of the Bureau of Reclamation entitled the ‘‘Col-
orado River Accounting and Water Use Report: Ari-
zona, California, and Nevada’’ which includes the 
compilation of records in accordance with article V 
of the Consolidated Decree. 
SEC. 404. 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) or any other 
provision of law, the CRIT is authorized, subject to the 
approval of the Secretary under section 407(a), and has 
the sole authority, to enter into, with any person, an
167 
agreement to lease or exchange, or an option to lease or 
exchange, a portion of the consumptive use for a use off 
the Reservation (referred to in this title as a ‘‘lease or 
exchange agreement’’), on the condition that the use off 
the Reservation is located in the Lower Basin in the State 
and is not in Navajo, Apache, or Cochise counties. 
(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 agree-
ment entered into under subsection (a) may be renegoti-
ated or modified at any time during the term of the lease 
or exchange agreement, subject to the approval of the Sec-
retary under section 407(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 ex-
change agreement in accordance with applicable Federal 
and State law. 
SEC. 405. STORAGE AGREEMENTS. 
(a) AUTHORIZATION.—Notwithstanding section 2116 
of the Revised Statutes (commonly known as the ‘‘Indian
168 
Trade and Intercourse Act’’; 25 U.S.C. 177) or any other 
provision of law, the CRIT is authorized, subject to the 
approval of the Secretary under section 407(a), and has 
the sole authority, to enter into an agreement, including 
with the Arizona Water Banking Authority (or successor 
agency or entity), for the storage of a portion of the con-
sumptive use, or the water received under an exchange 
pursuant to an exchange agreement under section 404, at 
1 or more underground storage facilities or groundwater 
savings facilities off the Reservation (referred to in this 
title as a ‘‘storage agreement’’), on the condition that the 
facility is located in the Lower Basin in the State and 
is not in Navajo, Apache, or Cochise counties. 
(b) APPLICABLE LAW.—Any storage agreement en-
tered 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 long-term storage credits accrued as a result 
of a storage agreement, on the condition that the assign-
ment or sale is in accordance with applicable State law. 
SEC. 406. AGREEMENTS FOR CREATION OF WATER FOR 
THE COLORADO RIVER SYSTEM OR FOR 
STORING WATER IN LAKE MEAD. 
(a) AUTHORIZATION.—Notwithstanding section 2116 
of the Revised Statutes (commonly known as the ‘‘Indian
169 
Trade and Intercourse Act’’; 25 U.S.C. 177) or any other 
provision of law, the CRIT is authorized, subject to the 
approval of the Secretary under section 407(a), and has 
the sole authority, to enter into, with any person, an 
agreement for conserved water on the condition that if the 
conserved water is delivered, the delivery is to a location 
in the Lower Basin of the State and not in Navajo, 
Apache, or Cochise counties. 
(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) APPLICABLE LAW.—Any person entering into an 
agreement for conserved water with the CRIT under this 
section shall use the water received in accordance with ap-
plicable Federal and State law. 
SEC. 407. SECRETARIAL APPROVAL; DISAPPROVAL; AGREE-
MENTS. 
(a) AUTHORIZATION.—The Secretary shall approve 
or disapprove any— 
(1) lease or exchange agreement; 
(2) modification to a lease or exchange agree-
ment; 
(3) storage agreement; 
(4) modification to a storage agreement; or
170 
(5) agreement for conserved water. 
(b) SECRETARIAL AGREEMENTS.—The Secretary is 
authorized to enter lease or exchange agreements, storage 
agreements, or agreements for conserved water with the 
CRIT, provided the Secretary pays the fair market value 
for the CRIT reduced consumptive use. 
(c) REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary shall not ap-
prove any lease or exchange agreement, or any modi-
fication to a lease or exchange agreement, any stor-
age agreement, or any modification to a storage 
agreement that is not in compliance with— 
(A) this title; and 
(B) the agreement entered into between 
the CRIT, the State, and the Secretary under 
section 410(a). 
(2) CONSERVED WATER.—The Secretary shall 
not approve any agreement for conserved water that 
is not in compliance with— 
(A) this title; and 
(B) other applicable Federal law. 
(3) PERMANENT ALIENATION.—The Secretary 
shall not approve any lease or exchange agreement, 
or any modification to a lease or exchange agree-
ment, or any storage agreement, or modification to
171 
a storage agreement, or 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 title, or any agreement entered into or approved by 
the Secretary under this title, including any lease or ex-
change 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. 
SEC. 408. RESPONSIBILITIES OF THE SECRETARY. 
(a) COMPLIANCE.—When approving a lease or ex-
change 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.), the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and all other appli-
cable environmental Acts and regulations. 
(b) DOCUMENTATION.—The Secretary shall docu-
ment any lease or exchange agreement, storage agreement,
172 
or agreement for conserved water in the Water Accounting 
Report. 
SEC. 409. 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 ex-
change 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 agree-
ment. 
SEC. 410. AGREEMENT BETWEEN THE CRIT, THE STATE, 
AND THE SECRETARY. 
(a) IN GENERAL.—Before approving the first lease 
or exchange agreement or storage agreement under sec-
tion 407, 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
173 
enter into, including quantification of the reduction in con-
sumptive use and water accounting. 
(b) NEPA.—The execution of the agreement re-
quired under subsection (a) shall not constitute a major 
Federal action for purposes of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(c) EFFECT.—Nothing in this title shall prohibit the 
Secretary from agreeing with the CRIT and the State to 
a modification to an agreement entered into under sub-
section (a) (including an appendix or exhibit to the agree-
ment) if that the modification— 
(1) is in compliance with this title; and 
(2) does not otherwise require congressional ap-
proval under section 2116 of the Revised Statutes 
(commonly known as the ‘‘Indian Trade and Inter-
course Act’’; 25 U.S.C. 177) or any other provision 
of law. 
SEC. 411. NO EFFECT ON THE CRIT DECREED ALLOCATION. 
(a) TEMPORARY USE.—A lease or exchange agree-
ment, storage agreement, or 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
174 
(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 Con-
solidated Decree. 
(2) NONUSE.—Any nonuse by a person who is 
a party to any lease or exchange agreement or stor-
age agreement with the CRIT shall not result in for-
feiture, abandonment, relinquishment, or other loss 
by the CRIT of all or any portion of the decreed al-
location. 
(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 Res-
ervation. 
(d) STORAGE AGREEMENTS.—A storage agreement 
entered into under this title shall account for the quantity 
of water in storage off the Reservation in accordance with 
applicable State law. 
SEC. 412. ALLOTTEE USE OF WATER. 
(a) INTERFERENCE.—The lease, exchange, storage, 
or conservation of a portion of the consumptive use shall
175 
not directly or indirectly interfere with, or diminish, any 
entitlement to water for an allottee under Federal or Trib-
al law. 
(b) WATER RIGHTS OF ALLOTTEES.—The Secretary 
shall protect the rights of the allottees to a just and equi-
table distribution of water for irrigation purposes, pursu-
ant to section 7 of the Act of February 8, 1887 (commonly 
known as the ‘‘Indian General Allotment Act’’; 24 Stat. 
390, chapter 119; 25 U.S.C. 381) (referred to in this sec-
tion as the ‘‘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 ALLOT-
MENT ACT.—Following an exhaustion of remedies avail-
able under applicable Tribal law, an allottee may seek re-
lief under the Act, or any other applicable law. 
(e) RELIEF FROM THE SECRETARY.—Following ex-
haustion of remedies available under the Act, or any other 
applicable law, an allottee may petition the Secretary for 
relief. 
SEC. 413. CONSIDERATION PAID TO THE CRIT. 
The CRIT, and not the United States in any capac-
ity, shall be entitled to all consideration due to the CRIT
176 
under any lease or exchange agreement, storage agree-
ment, or agreement for conserved water. 
SEC. 414. 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, storage agreement, or agreement 
for conserved water in any claim relating to the negotia-
tion, execution, or approval of any lease or exchange 
agreement, storage agreement, or an agreement for con-
served water, including any claim relating to the terms 
included in such an agreement, except for claims related 
to section 408(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 consid-
eration under any lease or exchange agreement, stor-
age agreement, or agreement for conserved water; or 
(2) the expenditure of such funds. 
SEC. 415. APPLICATION. 
(a) IN GENERAL.—This title 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 allo-
cation that is available for use in the State shall not be
177 
used, directly or indirectly, outside the Lower Basin in the 
State or in Navajo, Apache, or Cochise counties. 
SEC. 416. RULE OF CONSTRUCTION. 
Nothing in this title establishes, or shall be consid-
ered to establish, a precedent in any litigation involving, 
or alters, affects, or quantifies, any water right with re-
spect to— 
(1) the United States; 
(2) any other Indian Tribe, band, or commu-
nity; 
(3) any State or political subdivision or district 
of a State; or 
(4) any person. 
TITLE V— HUALAPAI TRIBE 
WATER RIGHTS SETTLEMENT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Hualapai Tribe Water 
Rights Settlement Act of 2022’’. 
SEC. 502. PURPOSES. 
The purposes of this title are— 
(1) to resolve, fully and finally, all claims to 
rights to water in the State, including the Verde 
River, the Bill Williams River, and the Colorado 
River, of—
178 
(A) the Hualapai Tribe, on behalf of the 
Hualapai Tribe and the members of the 
Hualapai Tribe; and 
(B) the United States, acting as trustee 
for the Hualapai Tribe, the members of the 
Hualapai Tribe, and the allottees; 
(2) to authorize, ratify, and confirm the 
Hualapai Tribe water rights settlement agreement, 
to the extent that agreement is consistent with this 
title; 
(3) to authorize and direct the Secretary to exe-
cute and perform the duties and obligations of the 
Secretary under the Hualapai Tribe water rights 
settlement agreement and this title; and 
(4) to authorize the appropriation of funds nec-
essary to carry out the Hualapai Tribe water rights 
settlement agreement and this title. 
SEC. 503. DEFINITIONS. 
In this title: 
(1) 1947 JUDGMENT.—The term ‘‘1947 Judg-
ment’’ means the Judgment and the Stipulation and 
Agreement, including exhibits to the Judgment and 
the Stipulation and Agreement, entered on March 
13, 1947, in United States v. Santa Fe Pac. R.R. 
Co., No. E–190 (D. Ariz.) and attached to the
179 
Hualapai Tribe water rights settlement agreement 
as Exhibit 3.1.1. 
(2) AFY.—The term ‘‘AFY’’ means acre-feet 
per year. 
(3) ALLOTMENT.—The term ‘‘allotment’’ means 
any of the 4 off-reservation parcels that are— 
(A) held in trust by the United States for 
individual Indians in the Big Sandy River basin 
in Mohave County, Arizona, under the patents 
numbered 1039995, 1039996, 1039997, and 
1019494; and 
(B) identified as Parcels 1A, 1B, 1C, and 
2 on the map attached to the Hualapai Tribe 
water rights settlement agreement as Exhibit 
3.1.6. 
(4) ALLOTTEE.—The term ‘‘allottee’’ means 
any Indian owner of an allotment. 
(5) AVAILABLE CAP SUPPLY.—The term ‘‘avail-
able CAP supply’’ means, for any year— 
(A) all fourth priority water available for 
delivery through the Central Arizona Project; 
(B) water available from Central Arizona 
Project dams and reservoirs other than the 
Modified Roosevelt Dam; and