the MR&I System is completed and the amounts re-
quired to be deposited in the MR&I System OM&R 
account have been deposited under section 11 the 
Federal Government shall have no obligation to pay 
for the operation, maintenance, and replacement 
costs of the MR&I System. 
SEC. 7. TRIBAL WATER RIGHTS. 
(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 
Compact 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 RIGHTS.— 
(1) IN GENERAL.—The tribal water rights are 
ratified, confirmed, and declared to be valid. 
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(2) USE.—Use of the tribal water rights shall 
be subject to the terms and conditions established by 
the Compact. 
(c) HOLDING IN TRUST.—The tribal water rights 
shall be held in trust by the United States for the use 
and benefit of the Tribe, 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 rights. 
(2) ENTITLEMENT
TO
WATER.—Any entitle-
ment to water of an allottee under Federal law shall 
be satisfied from the tribal water rights. 
(3) ALLOCATIONS.—Allottees shall be entitled 
to a just and equitable allocation of water for irriga-
tion purposes. 
(4) SATISFACTION
OF
CLAIMS.—The water 
rights and other benefits granted by this Act shall 
be considered full satisfaction of any claim of an al-
lottee waived pursuant to section 10(a)(2). 
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(5) 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 tribal water 
code or other applicable tribal law. 
(6) CLAIMS.—Following exhaustion of remedies 
available under the tribal water code or other appli-
cable 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. 
(7) AUTHORITY.—The Secretary shall have the 
authority to protect allottees’ rights as specified in 
this section. 
(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Tribe shall have authority to allocate, 
distribute, and lease the tribal water rights— 
(A) in accordance with the Compact; and 
(B) subject to approval of the Secretary of 
the 
tribal 
water 
code 
under 
subsection 
(f)(3)(B). 
(2) LEASES BY ALLOTTEES.—Notwithstanding 
paragraph (1), an allottee may lease any interest in 
land held by the allottee, together with any water 
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right determined to be appurtenant to the interest in 
land. 
(f) TRIBAL WATER CODE.— 
(1) IN
GENERAL.—Notwithstanding the time 
period set forth in article IV(A)(2)(b) of the Com-
pact, not later than 3 years after the date on which 
the Tribe ratifies the Compact as set forth in section 
10(e)(1)(E), the Tribe shall enact a tribal water 
code, that provides for— 
(A) the management, regulation and gov-
ernance of all uses of the tribal water rights in 
accordance with the Compact; and 
(B) establishment by the Tribe of condi-
tions, permit requirements, and other limita-
tions relating to the storage, recovery, and use 
of the tribal water rights in accordance with the 
Compact. 
(2) INCLUSIONS.—Subject to the approval of 
the Secretary, the tribal water code shall provide 
that— 
(A) tribal allocations of water to allottees 
shall be satisfied with water from the tribal 
water rights; 
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(B) charges for delivery of water for irriga-
tion purposes for allottees shall be assessed on 
a just and equitable basis; 
(C) there is a process by which an allottee 
may request that the Tribe provide water for ir-
rigation use in accordance with this Act; 
(D) there is a due process system for the 
consideration and determination by the Tribe of 
any request by an allottee, or any successor in 
interest to an allottee, for an allocation of such 
water for irrigation purposes 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) there is a requirement that any allot-
tee with a claim relating to the enforcement of 
rights of the allottee under the tribal water 
code or relating to the amount of water allo-
cated to land of the allottee must first exhaust 
remedies available to the allottee under tribal 
law and the tribal water code before initiating 
an action against the United States or peti-
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tioning the Secretary pursuant to subsection 
(d)(6). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall ad-
minister the tribal water rights until the tribal 
water code is enacted in accordance with para-
graph (1) and those provisions requiring ap-
proval pursuant to paragraph (2). 
(B) APPROVAL.—The tribal water code 
shall not be valid unless— 
(i) the provisions of the tribal water 
code required by paragraph (2) are ap-
proved by the Secretary; and 
(ii) each amendment to the tribal 
water code that affects a right of an allot-
tee is approved by the Secretary. 
(C) APPROVAL PERIOD.— 
(i) IN GENERAL.—Except as provided 
by clause (ii), if the Secretary does not ap-
prove or disapprove the tribal water code 
before the date that is 180 days after the 
date on which the tribal water code is sub-
mitted to the Secretary for approval, the 
tribal water code shall be considered to 
have been approved by the Secretary to the 
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