I 
111TH CONGRESS 
2D SESSION 
H. R. 5413 
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
Settlement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2010 
Mr. BACA (for himself, Mr. KILDEE, Mr. GRIJALVA, Mr. BOREN, Ms. RICH-
ARDSON, Mr. HONDA, and Mr. LUJA´N) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To authorize the Pechanga Band of Luiseno Mission Indians 
Water Rights Settlement, 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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pechanga Band of Luisen˜o Mission Indians Water 
Rights Settlement Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Approval of the Pechanga Settlement Agreement. 
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Sec. 5. Tribal Water Right. 
Sec. 6. Satisfaction of claims. 
Sec. 7. Waiver of claims. 
Sec. 8. Water facilities. 
Sec. 9. Pechanga Settlement Fund. 
Sec. 10. Miscellaneous provisions. 
Sec. 11. Authorization of appropriations. 
Sec. 12. Repeal on failure of enforceability date. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights and certain claims for 
injuries to water rights in the Santa Margarita 
River Watershed for— 
(A) the Band; and 
(B) the United States acting in its capac-
ity as trustee for the Band and Allottees; 
(2) to achieve a fair, equitable, and final settle-
ment of certain claims by the Band against the 
United States; 
(3) to authorize, ratify, and confirm the 
Pechanga Settlement Agreement to be entered into 
by the Band, RCWD, EMWD, and the United 
States; 
(4) to authorize and direct the Secretary— 
(A) to execute the Pechanga Settlement 
Agreement; and 
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(B) to take any other action necessary to 
carry out the Pechanga Settlement Agreement 
in accordance with this Act; and 
(5) to authorize the appropriation of funds nec-
essary for the implementation of the Pechanga Set-
tlement Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act— 
(1) ADJUDICATION COURT.—The term ‘‘Adju-
dication Court’’ means the United States District 
Court for the Southern District of California exer-
cising continuing jurisdiction over the Adjudication 
Proceeding. 
(2) ADJUDICATION
PROCEEDING.—The term 
‘‘Adjudication Proceeding’’ means litigation initiated 
by the United States regarding relative water rights 
in the Santa Margarita River Watershed in United 
States v. Fallbrook Public Utility District et al., Civ. 
No. 3:51–cv–01247 (S.D.C.A.), including any litiga-
tion initiated to interpret or enforce the relative 
water rights in the Santa Margarita River Water-
shed pursuant to the Adjudication Court’s con-
tinuing jurisdiction over the Fallbrook Decree. 
(3) AFY.—The term ‘‘AFY’’ means acre-feet 
per year. 
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(4) ALLOTTEE.—The term ‘‘allottee’’ means a 
person who holds a beneficial real property interest 
in an Indian allotment that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
(5) BAND.—The term ‘‘Band’’ means the sov-
ereign government of the Pechanga Band of Luisen˜o 
Mission Indians, which is organized under section 16 
of the Act of June 18, 1934 (25 U.S.C. 476), acting 
on behalf of itself and its members. 
(6) BRINE DISPOSAL FACILITY NOTICE.—The 
term ‘‘Brine Disposal Facility Notice’’ has the 
meaning set forth in section 5 of the Recycled Water 
Infrastructure Agreement. 
(7) CLAIMS.—The term ‘‘claims’’ means rights, 
claims, demands, actions, compensation, or causes of 
action whether known or unknown as of June 30, 
2009. 
(8) DEMINERALIZATION AND BRINE DISPOSAL 
PROJECT.—The term ‘‘Demineralization and Brine 
Disposal Project’’ has the meaning set forth in sec-
tion 1 of the Recycled Water Infrastructure Agree-
ment. 
(9) EMWD.—The term ‘‘EMWD’’ means East-
ern Municipal Water District, a municipal water dis-
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trict organized and existing in accordance with the 
Municipal Water District Law of 1911, Division 20 
of the Water Code of the State of California, as 
amended. 
(10) EMWD CONNECTION
FEE.—The term 
‘‘EMWD Connection Fee’’ has the meaning set forth 
in section 2.3(b) of the Extension of Service Area 
Agreement. 
(11) ENFORCEABILITY DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the state-
ment of findings described in section 7(f). 
(12) ESAA CAPACITY AGREEMENT.—The term 
‘‘ESAA Capacity Agreement’’ means the ‘‘Agree-
ment to Provide Capacity for Delivery of ESAA 
Water’’, among the Band, RCWD, and the United 
States. 
(13) ESAA WATER.—The term ‘‘ESAA Water’’ 
means imported potable water that the Band re-
ceives from EMWD and MWD pursuant to the Ex-
tension of Service Area Agreement. 
(14) EXTENSION
OF
SERVICE
AREA
AGREE-
MENT.—The term ‘‘Extension of Service Area 
Agreement’’ means the ‘‘Agreement for Extension of 
Existing Service Area’’, among the Band, EMWD, 
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(37) STORAGE
POND.—The term ‘‘Storage 
Pond’’ has the meaning set forth in section 1 of the 
Recycled Water Infrastructure Agreement. 
(38) TRIBAL WATER RIGHT.—The term ‘‘Tribal 
Water Right’’ means the water rights ratified, con-
firmed, and declared to be valid for the benefit of 
the Band and allottees as specifically set forth and 
described in section 5 of the Act. 
SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 
AGREEMENT. 
(a) IN GENERAL.—Except as modified by this Act, 
and to the extent the Pechanga Settlement Agreement 
does not conflict with this Act, the Pechanga Settlement 
Agreement is authorized, ratified, and confirmed. To the 
extent amendments are executed to make the Pechanga 
Settlement Agreement consistent with this Act, such 
amendments are also authorized, ratified, and confirmed. 
(b) EXECUTION OF PECHANGA SETTLEMENT AGREE-
MENT.—To the extent that the Pechanga Settlement 
Agreement does not conflict with this Act, the Secretary 
is directed to and shall promptly execute the Pechanga 
Settlement Agreement, including all exhibits to or parts 
of the Pechanga Settlement Agreement requiring the sig-
nature of the Secretary. Nothing herein precludes the Sec-
retary from approving modifications to exhibits to the 
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Pechanga Settlement Agreement not inconsistent with this 
Act, to the extent such modifications do not otherwise re-
quire Congressional approval pursuant to the Trade and 
Intercourse Act, 25 U.S.C. 177, or pursuant to other Fed-
eral statute. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT
OF 
1969.— 
(1) ENVIRONMENTAL COMPLIANCE.—In imple-
menting the Pechanga Settlement Agreement, the 
Secretary shall promptly comply with all applicable 
aspects of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.), and all 
other applicable environmental Acts and regulations. 
(2) EXECUTION
OF
THE
PECHANGA
SETTLE-
MENT
AGREEMENT.—Execution of the Pechanga 
Settlement Agreement by the Secretary under this 
section shall not constitute a major Federal action 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). The Secretary is di-
rected to carry out all Federal compliance necessary 
to implement the Pechanga Settlement Agreement. 
(3) LEAD AGENCY.—The Bureau of Reclama-
tion shall be designated as the lead agency with re-
spect to environmental compliance. 
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SEC. 5. TRIBAL WATER RIGHT. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each allottee benefits that are equiva-
lent to or exceed the benefits allottees currently possess, 
taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Pechanga Settlement Agreement and this Act; 
(2) the availability of funding under this Act; 
(3) the availability of water from the Tribal 
Water Right and other water sources as set forth in 
the Pechanga Settlement Agreement; 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.—The Tribal Water Right is 
ratified, confirmed, and declared to be valid. 
(2) CHARACTERISTICS
OF
TRIBAL
WATER 
RIGHT.—The Tribal Water Right shall be equal to 
4,994 AFY of water that is subject to the jurisdic-
tion of the Adjudication Court. The priority date for 
3,019 AFY of the Tribal Water Right shall be June 
27, 1882. The priority date for 182 AFY of the 
Tribal Water Right shall be August 29, 1893. The 
priority date for 729 AFY of the Tribal Water Right 
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shall be January 9, 1907. The priority date for 563 
AFY of the Tribal Water Right shall be March 11, 
1907. The priority date for 501 AFY of the Tribal 
Water Right shall be May 25, 1931. 
(3) USE.—Subject to the terms of the 
Pechanga Settlement Agreement, this Act, and the 
Fallbrook Decree, the Band may use the Tribal 
Water Right for any purpose on the Reservation. 
(c) HOLDING IN TRUST.—The Tribal Water Right 
shall be held in trust by the United States for the use 
and benefit of the Band and the allottees in accordance 
with this section. 
(d) ALLOTTEES.—As specified in and provided for in 
this Act: 
(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 for 
such allottee’s allotment shall be satisfied by the 
Band and no allottee shall have any additional enti-
tlement to water except as set forth in the Pechanga 
Settlement Agreement and this Act. 
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(3) EXHAUSTION
OF
REMEDIES.—Before as-
serting 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 Pechanga 
Water Code or other applicable tribal law. 
(4) CLAIMS.—Following exhaustion of remedies 
available under the Pechanga 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. 
(5) AUTHORITY.—The Secretary shall have the 
authority to protect allottees’ rights as specified in 
this section. 
(e) AUTHORITY OF BAND.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Band shall have authority to use, al-
locate, distribute, and lease the Tribal Water Right 
in accordance with— 
(A) the Pechanga Settlement Agreement; 
and 
(B) applicable Federal law. 
(2) LEASES BY ALLOTTEES.—Notwithstanding 
paragraph (1), an allottee may lease any interest in 
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land held by the allottee, together with any water 
right appurtenant to such interest in land. 
(f) PECHANGA WATER CODE.— 
(1) IN GENERAL.—No later than 18 months 
following the enforceability date, the Band shall 
enact a Pechanga Water Code that provides for— 
(A) the management, regulation, and gov-
ernance of all uses of the Tribal Water Right 
in accordance with the Pechanga Settlement 
Agreement; and 
(B) establishment by the Band of condi-
tions, permit requirements, and other limita-
tions relating to the storage, recovery, and use 
of the Tribal Water Right in accordance with 
the Pechanga Settlement Agreement. 
(2) INCLUSIONS.—The Pechanga Water Code 
shall provide that— 
(A) tribal allocations of water to allottees 
shall be satisfied with water from the Tribal 
Water Right; 
(B) charges for delivery of water for irriga-
tion purposes for allottees shall be assessed in 
accordance with section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381); 
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