I 
113TH CONGRESS 
1ST SESSION H. R. 3716 
To ratify a water settlement agreement affecting the Pyramid Lake Paiute 
Tribe, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2013 
Mr. AMODEI introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To ratify a water settlement agreement affecting the 
Pyramid Lake Paiute Tribe, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pyramid Lake Paiute Tribe - Fish Springs Ranch Settle-
ment Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Ratification of agreement. 
Sec. 4. Waiver and releases of claims. 
Sec. 5. Satisfaction of claims. 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
Sec. 6. Beneficiaries to agreement. 
Sec. 7. Jurisdiction. 
Sec. 8. Environmental compliance. 
Sec. 9. Miscellaneous provisions. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ORIGINAL AGREEMENT.—The term ‘‘Origi-
nal Agreement’’ means the ‘‘Pyramid Lake Paiute 
Tribe Fish Springs Ranch Settlement Agreement’’ 
dated May 30, 2007, entered into by the Tribe and 
Fish Springs (including all exhibits to that agree-
ment). 
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the Pyramid Lake Paiute Tribe-Fish Springs 
Ranch 2013 Supplement to the 2007 Settlement 
Agreement dated November 20, 2013, entered into 
by the Tribe and Fish Springs, and all exhibits to 
that Agreement. 
(3) ENVIRONMENTAL
IMPACT
STATEMENT.— 
The term ‘‘environmental impact statement’’ means 
the final environmental impact statement for the 
North Valleys Rights-of-Way Projects prepared by 
the Bureau of Land Management (70 Fed. Reg. 
68473). 
(4) FINAL PAYMENT DATE.—The term ‘‘final 
payment date’’ means 30 days after the date on 
which the Tribe executes the waivers, as authorized 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
in section 4, on or before which Fish Springs shall 
pay to the Tribe the $3,600,000 and accumulated 
interest pursuant to subparagraph 4.2 of the Agree-
ment. 
(5) FISH SPRINGS.—The term ‘‘Fish Springs’’ 
means the Fish Springs Ranch, LLC, a Nevada lim-
ited liability company (or a successor in interest). 
(6) FISH SPRINGS WATER RIGHTS.—The term 
‘‘Fish Springs water rights’’ means the 14,108 acre 
feet of water available to Fish Springs pursuant to 
certificates of water rights issued to Fish Springs or 
its predecessors in interest by the State Engineer for 
the State of Nevada, copies of which are attached as 
Exhibit ‘‘G’’ to the Original Agreement. 
(7) 
ADDITIONAL
FISH
SPRINGS
WATER 
RIGHTS.—The term ‘‘additional Fish Springs water 
rights’’ means the rights to pump and transfer up 
to 5,000 acre feet per year of Fish Springs water 
rights in excess of 8,000 acre feet per year, up to 
a total of 13,000 acre feet per year, pursuant to 
Ruling No. 3787 signed by the State Engineer for 
the State of Nevada on March 1, 1991, and Supple-
mental Ruling on Remand No. 3787A signed by the 
State Engineer for the State of Nevada on October 
9, 1992. 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
(8) HONEY
LAKE
VALLEY
BASIN.—The term 
‘‘Honey Lake Valley Basin’’ means the Honey Lake 
Valley Hydrographic Basin described as Nevada Hy-
drographic Water Basin 97. 
(9) PROJECT.—The term ‘‘Project’’ means the 
project for pumping within Honey Lake Valley 
Basin and transfer outside of the basin by Fish 
Springs of not more than 13,000 acre feet per year 
of Fish Springs water rights, including— 
(A) not more than 8,000 acre feet as de-
scribed in the environmental impact statement 
(but not the Intermountain Water Supply, Ltd., 
Project described in the environmental impact 
statement) and the record of decision; 
(B) up to the 5,000 acre feet of additional 
Fish Springs water rights; and 
(C) the rights and approvals for Fish 
Springs to pump and transfer up to said 
13,000 acre feet of groundwater per year. 
(10) RECORD OF DECISION.—The term ‘‘record 
of decision’’ means the public record of the decision 
of the District Manager of the United States Bureau 
of Land Management’s Carson City District in the 
State of Nevada issued on May 31, 2006, regarding 
the environmental impact statement and the Project. 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior (or a designee 
of the Secretary). 
(12) TRIBE.—The term ‘‘Tribe’’ means the 
Pyramid Lake Paiute Tribe of Indians organized 
under section 16 of the Act of June 18, 1934 (com-
monly known as the ‘‘Indian Reorganization Act’’; 
25 U.S.C. 476). 
(13) TRUCKEE
RIVER
OPERATING
AGREE-
MENT.—The term ‘‘Truckee River Operating Agree-
ment’’ means— 
(A) the September 6, 2008, Truckee River 
Operating Agreement negotiated for the pur-
pose of carrying out the terms of the Truckee- 
Carson-Pyramid Lake Water Rights Settlement 
Act (Public Law 101–618); and 
(B) any final, signed version of the Truck-
ee River Operating Agreement that becomes ef-
fective under the terms of the Truckee-Carson- 
Pyramid Lake Water Rights Settlement Act. 
SEC. 3. RATIFICATION OF AGREEMENT. 
(a) IN GENERAL.—Except to the extent that a provi-
sion of the Agreement conflicts with this Act, the Agree-
ment is authorized and ratified. 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
and any other trust resource, including the 
right to assert a senior priority against or to 
place a call for water on any water right other 
than against the Project or Fish Springs water 
rights; 
(B) all rights to establish, claim or acquire 
a water right in accordance with applicable law 
and to use and protect any water right acquired 
after the date of the enactment of this Act that 
is not in conflict with the Agreement, the Origi-
nal Agreement or this Act; and 
(C) all other rights, remedies, privileges, 
immunities, powers, and claims not specifically 
waived and released pursuant to this Act and 
the Agreement. 
(3) The right to enforce— 
(A) the Tribe’s rights against any party to 
the Truckee River Operating Agreement; 
(B) the Tribe’s rights against any party to 
the Truckee River Water Quality Settlement 
Agreement; and 
(C) whatever rights exist to seek compli-
ance with any permit issued to any wastewater 
treatment or reclamation facility treating waste-
water generated by users of Project water. 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
(4) The right to seek to have enforced the 
terms of any permit or right-of-way across Federal 
lands issued to Fish Springs for the Project and 
Project water. 
(c) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE 
AGAINST THE UNITED STATES.—In return for the bene-
fits to the Tribe as set forth in the Agreement, the Origi-
nal Agreement, and this Act, the Tribe, on behalf of itself 
and the members of the Tribe, is authorized to execute 
a waiver and release of all claims against the United 
States, including the agencies and employees of the United 
States, related to the Project and Fish Springs water 
rights (including additional Fish Springs water rights) 
that accrued at any time before and on the date that Fish 
Springs makes the payment to the Tribe as provided in 
Paragraph 4 of the Agreement for damages, losses or inju-
ries that are related to— 
(1) the Project, Fish Springs water rights (in-
cluding additional Fish Springs water rights), and 
the implementation, operation, or approval of the 
Project, including claims related to— 
(A) loss of water, water rights, land, or 
natural resources due to loss of water or water 
rights (including damages, losses, or injuries to 
hunting, fishing, and gathering rights due to 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
loss of water, water rights or subordination of 
water rights) resulting from the Project or Fish 
Springs water rights (including additional Fish 
Springs water rights); 
(B) interference with, diversion, or taking 
of water resulting from the Project; or 
(C) failure to protect, acquire, replace, or 
develop water, water rights, or water infrastruc-
ture as a result of the Project or Fish Springs 
water rights (including additional Fish Springs 
water rights); 
(2) the record of decision, the environmental 
impact statement, the Agreement or the Original 
Agreement; 
(3) claims the United States, acting as trustee 
for the Tribe or otherwise, asserted, or could have 
asserted in any past proceeding related to the 
Project; 
(4) the negotiation, execution, or adoption of 
the Agreement, the Original Agreement, or this Act; 
(5) the Tribe’s use and expenditure of funds 
paid to the Tribe under the Agreement or the Origi-
nal Agreement; 
(6) the Tribe’s acquisition and use of land 
under the Original Agreement; and 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
(7) the extinguishment of claims, if any, and 
satisfaction of the obligations of the United States 
on behalf of the Tribe as set forth in subsection (e). 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS BY TRIBE AGAINST THE UNITED STATES.—Not-
withstanding the waivers and releases authorized in this 
Act, the Tribe, on behalf of itself and the members of the 
Tribe, shall retain against the United States the following: 
(1) All claims for enforcement of this Act 
through such legal and equitable remedies as are 
available in the U.S. District Court for the District 
of Nevada. 
(2) The right to seek to have enforced the 
terms of any permit or right-of-way across Federal 
lands issued to Fish Springs for the Project and 
Project water. 
(3) Subject to the right of Fish Springs to 
carry out the Project, all other rights, remedies, 
privileges, immunities, powers, and claims not spe-
cifically waived and released pursuant to this Act 
and the Agreement. 
(e) EXTINGUISHMENT OF WAIVED AND RELEASED 
CLAIMS.—Upon execution of the waiver and releases by 
the Tribe pursuant to subsections (a) and (c) and upon 
final payment by Fish Springs pursuant to the terms of 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
the Agreement, the United States acting on behalf of the 
Tribe shall have no right or obligation to bring or assert 
any claims waived and released by the Tribe as set forth 
in subsection (a). Upon the effective date of the waivers 
and releases of claims authorized, the waived and released 
claims as set forth in subsection (a) are extinguished. 
(f) NO UNITED STATES LIABILITY
FOR WAIVED 
CLAIMS.—The United States shall bear no liability for 
claims waived and released by the Tribe pursuant to this 
Act. 
(g) UNITED STATES RESERVATION OF RIGHTS.— 
Nothing in this Act shall affect any rights, remedies, privi-
leges, immunities, or powers of the United States, includ-
ing the right to enforce the terms of the right-of-way 
across Federal lands for the Project granted by the Sec-
retary to Fish Springs pursuant to the Federal Lands Pol-
icy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), with the exception that the United States may not 
assert any claim on the Tribe’s behalf that is extinguished 
pursuant to subsection (e). 
(h) EFFECTIVE DATE OF WAIVERS AND RELEASES 
OF CLAIMS.—The waivers and releases authorized under 
subsections (a) and (c) shall take effect on the day Fish 
Springs makes the payment to the Tribe as provided in 
subparagraph 4.2 of the Agreement. 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
SEC. 5. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided to the Tribe 
under the Agreement, the Original Agreement, and this 
Act shall be considered to be full satisfaction of all claims 
of the Tribe waived and released pursuant to section 4 
and pursuant to the Original Agreement and any claims 
the United States might make on behalf of the Tribe that 
are extinguished pursuant to section 4. 
(b) EFFECT OF FAILURE TO EXECUTE WAIVERS 
AND RELEASES.—If the Tribe fails to execute the waivers 
and releases as authorized by this Act within 60 days after 
the date of the enactment of this Act, this Act and the 
Agreement shall be null and void. 
SEC. 6. BENEFICIARIES TO AGREEMENT. 
(a) REQUIREMENT.—The beneficiaries to the Agree-
ment shall be limited to— 
(1) the parties to the Agreement; 
(2) any municipal water purveyor that provides 
Project water for wholesale or retail water service to 
the area serviced by the Project; 
(3) any water purveyor that obtains the right to 
use Project water for purposes other than serving 
retail or wholesale customers; and 
(4) any assignee of Water Rights Credits for 
Project water pursuant to the terms of the February 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
28, 2006, Water Banking Trust Agreement between 
Washoe County and Fish Springs. 
(b) PROHIBITION.—Except as provided in subsection 
(a), nothing in the Agreement or this Act provides to any 
individual or entity third-party beneficiary status relating 
to the Agreement. 
SEC. 7. JURISDICTION. 
Jurisdiction over any civil action relating to the en-
forcement of the Agreement, the Original Agreement, or 
this Act shall be vested in the United States District Court 
for the District of Nevada. 
SEC. 8. ENVIRONMENTAL COMPLIANCE. 
Nothing in this Act precludes the United States or 
the Tribe, when delegated regulatory authority, from en-
forcing Federal environmental laws, including— 
(1) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) including claims for damages 
for harm to natural resources; 
(2) the Safe Drinking Water Act (42 U.S.C. 
300f et seq.); 
(3) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
(4) the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.); and 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS
(5) any regulation implementing one or more of 
the Acts listed in paragraphs (1) through (4). 
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) NO ESTABLISHMENT OF STANDARD.—Nothing in 
this Act establishes a standard for the quantification of 
a Federal reserved water right or any other claim of an 
Indian tribe other than the Tribe in any other judicial or 
administrative proceeding. 
(b) OTHER CLAIMS.—Nothing in the Agreement, the 
Original Agreement, or this Act quantifies or otherwise 
adversely affects any water right, claim, or entitlement to 
water, or any other right of any Indian tribe, band, or 
community other than the Tribe. 
Æ 
VerDate Mar 15 2010 
22:55 Dec 17, 2013
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H3716.IH
H3716
sroberts on DSK5SPTVN1PROD with BILLS