IB 
Union Calendar No. 644 
114TH CONGRESS 
2D SESSION 
H. R. 5984 
[Report No. 114–821] 
To authorize the Pechanga Band of Luisen˜o Mission Indians Water Rights 
Settlement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2016 
Mr. CALVERT (for himself and Mr. HUNTER) introduced the following bill; 
which was referred to the Committee on Natural Resources 
NOVEMBER 14, 2016 
Additional sponsors: Mrs. TORRES and Mrs. NAPOLITANO 
NOVEMBER 14, 2016 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To authorize the Pechanga Band of Luisen˜o Mission Indians 
Water Rights Settlement, and for other purposes. 
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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 
‘‘Pechanga Band of Luisen˜o Mission Indians Water 
Rights Settlement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Approval of the Pechanga Settlement Agreement. 
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. Expiration on failure of enforceability date. 
Sec. 13. Antideficiency. 
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; 
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(2) to achieve a fair, equitable, and final settle-
ment of certain claims by the Band and Allottees 
against the United States; 
(3) to authorize, ratify, and confirm the 
Pechanga Settlement Agreement to be entered into 
by the Band, RCWD, and the United States; 
(4) to authorize and direct the Secretary— 
(A) to execute the Pechanga Settlement 
Agreement; and 
(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 amounts 
necessary for the implementation of the Pechanga 
Settlement 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, which 
exercises continuing jurisdiction over the Adjudica-
tion Proceeding. 
(2) ADJUDICATION
PROCEEDING.—The term 
‘‘Adjudication Proceeding’’ means litigation initiated 
by the United States regarding relative water rights 
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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 continuing jurisdiction of the 
Adjudication Court over the Fallbrook Decree. 
(3) ALLOTTEE.—The term ‘‘Allottee’’ means an 
individual who holds a beneficial real property inter-
est in an Indian allotment that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
(4) BAND.—The term ‘‘Band’’ means Pechanga 
Band of Luisen˜o Mission Indians, a federally recog-
nized sovereign Indian tribe that functions as a cus-
tom and tradition Indian tribe, acting on behalf of 
itself and its members, but not acting on behalf of 
members in their capacities as Allottees. 
(5) CLAIMS.—The term ‘‘claims’’ means rights, 
claims, demands, actions, compensation, or causes of 
action, whether known or unknown. 
(6) EMWD.—The term ‘‘EMWD’’ means East-
ern Municipal Water District, a municipal water dis-
trict organized and existing in accordance with the 
Municipal Water District Law of 1911, Division 20 
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of the Water Code of the State of California, as 
amended. 
(7) EMWD 
CONNECTION
FEE.—The term 
‘‘EMWD Connection Fee’’ has the meaning set forth 
in the Extension of Service Area Agreement. 
(8) 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(e). 
(9) ESAA CAPACITY AGREEMENT.—The term 
‘‘ESAA Capacity Agreement’’ means the ‘‘ESAA 
Capacity Agreement’’, among the Band, RCWD, and 
the United States. 
(10) 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 and delivered by 
RCWD pursuant to the ESAA Water Delivery 
Agreement. 
(11) ESAA WATER DELIVERY AGREEMENT.— 
The term ‘‘ESAA Water Delivery Agreement’’ 
means the agreement among EMWD, RCWD, and 
the Band, establishing the terms and conditions of 
water service to the Band. 
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(12) EXTENSION
OF
SERVICE
AREA
AGREE-
MENT.—The term ‘‘Extension of Service Area 
Agreement’’ means the ‘‘Extension of Service Area 
Agreement’’, among the Band, EMWD, and MWD, 
for the provision of water service by EMWD to a 
designated portion of the Reservation using water 
supplied by MWD. 
(13) FALLBROOK DECREE.— 
(A) IN
GENERAL.—The term ‘‘Fallbrook 
Decree’’ means the ‘‘Modified Final Judgment 
And Decree’’, entered in the Adjudication Pro-
ceeding on April 6, 1966. 
(B) INCLUSIONS.—The term ‘‘Fallbrook 
Decree’’ includes all court orders, interlocutory 
judgments, and decisions supplemental to the 
‘‘Modified Final Judgment And Decree’’, in-
cluding Interlocutory Judgment No. 30, Inter-
locutory Judgment No. 35, and Interlocutory 
Judgment No. 41. 
(14) FUND.—The term ‘‘Fund’’ means the 
Pechanga Settlement Fund established by section 9. 
(15) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
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(16) INJURY
TO
WATER
RIGHTS.—The term 
‘‘injury to water rights’’ means an interference with, 
diminution of, or deprivation of water rights under 
Federal or State law. 
(17) INTERIM CAPACITY.—The term ‘‘Interim 
Capacity’’ has the meaning set forth in the ESAA 
Capacity Agreement. 
(18) INTERIM
CAPACITY
NOTICE.—The term 
‘‘Interim Capacity Notice’’ has the meaning set 
forth in the ESAA Capacity Agreement. 
(19) INTERLOCUTORY JUDGMENT NO. 41.—The 
term ‘‘Interlocutory Judgment No. 41’’ means Inter-
locutory Judgment No. 41 issued in the Adjudica-
tion Proceeding on November 8, 1962, including all 
court orders, judgments, and decisions supplemental 
to that interlocutory judgment. 
(20) MWD.—The term ‘‘MWD’’ means the 
Metropolitan Water District of Southern California, 
a metropolitan water district organized and incor-
porated under the Metropolitan Water District Act 
of the State of California (Stats. 1969, Chapter 209, 
as amended). 
(21) MWD 
CONNECTION
FEE.—The term 
‘‘MWD Connection Fee’’ has the meaning set forth 
in the Extension of Service Area Agreement. 
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(22) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—The term ‘‘Pechanga ESAA Delivery Ca-
pacity account’’ means the account established by 
section 9(c)(2). 
(23) PECHANGA
RECYCLED
WATER
INFRA-
STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy-
cled Water Infrastructure account’’ means the ac-
count established by section 9(c)(1). 
(24) PECHANGA SETTLEMENT AGREEMENT.— 
The term ‘‘Pechanga Settlement Agreement’’ means 
the Pechanga Settlement Agreement, dated April 8, 
2016, together with the exhibits to that agreement, 
entered into by the Band, the United States on be-
half of the Band, its members and Allottees, MWD, 
EMWD, and RCWD, including— 
(A) the Extension of Service Area Agree-
ment; 
(B) the ESAA Capacity Agreement; and 
(C) the ESAA Water Delivery Agreement. 
(25) PECHANGA
WATER
CODE.—The term 
‘‘Pechanga Water Code’’ means a water code to be 
adopted by the Band in accordance with section 5(f). 
(26) PECHANGA WATER FUND ACCOUNT.—The 
term ‘‘Pechanga Water Fund account’’ means the 
account established by section 9(c)(3). 
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(27) PECHANGA WATER QUALITY ACCOUNT.— 
The term ‘‘Pechanga Water Quality account’’ means 
the account established by section 9(c)(4). 
(28) PERMANENT CAPACITY.—The term ‘‘Per-
manent Capacity’’ has the meaning set forth in the 
ESAA Capacity Agreement. 
(29) PERMANENT
CAPACITY
NOTICE.—The 
term ‘‘Permanent Capacity Notice’’ has the meaning 
set forth in the ESAA Capacity Agreement. 
(30) RCWD.— 
(A) IN
GENERAL.—The term ‘‘RCWD’’ 
means the Rancho California Water District or-
ganized pursuant to section 34000 et seq. of 
the California Water Code. 
(B) INCLUSIONS.—The term ‘‘RCWD’’ in-
cludes all real property owners for whom 
RCWD acts as an agent pursuant to an agency 
agreement. 
(31) 
RECYCLED
WATER
INFRASTRUCTURE 
AGREEMENT.—The term ‘‘Recycled Water Infra-
structure Agreement’’ means the ‘‘Recycled Water 
Infrastructure 
Agreement’’ 
among 
the 
Band, 
RCWD, and the United States. 
(32) RECYCLED
WATER
TRANSFER
AGREE-
MENT.—The term ‘‘Recycled Water Transfer Agree-
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ment’’ means the ‘‘Recycled Water Transfer Agree-
ment’’ between the Band and RCWD. 
(33) RESERVATION.— 
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the land depicted on the map at-
tached to the Pechanga Settlement Agreement 
as Exhibit I. 
(B) APPLICABILITY OF TERM.—The term 
‘‘Reservation’’ shall be used solely for the pur-
poses of the Pechanga Settlement Agreement, 
this Act, and any judgment or decree issued by 
the Adjudication Court approving the Pechanga 
Settlement Agreement. 
(34) SANTA MARGARITA RIVER WATERSHED.— 
The term ‘‘Santa Margarita River Watershed’’ 
means the watershed that is the subject of the Adju-
dication Proceeding and the Fallbrook Decree. 
(35) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(36) STATE.—The term ‘‘State’’ means the 
State of California. 
(37) STORAGE
POND.—The term ‘‘Storage 
Pond’’ has the meaning set forth in the Recycled 
Water Infrastructure Agreement. 
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(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 set forth and described 
in section 5. 
SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 
AGREEMENT. 
(a) RATIFICATION
OF
PECHANGA
SETTLEMENT 
AGREEMENT.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Pechanga Settlement 
Agreement does not conflict with this Act, the 
Pechanga Settlement Agreement is authorized, rati-
fied, and confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Pechanga Settlement Agreement is authorized, rati-
fied, and confirmed, to the extent that the amend-
ment is executed to make the Pechanga Settlement 
Agreement consistent with this Act. 
(b) EXECUTION OF PECHANGA SETTLEMENT AGREE-
MENT.— 
(1) IN
GENERAL.—To the extent that the 
Pechanga Settlement Agreement does not conflict 
with this Act, the Secretary is directed to and 
promptly shall execute— 
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(A) the Pechanga Settlement Agreement 
(including any exhibit to the Pechanga Settle-
ment Agreement requiring the signature of the 
Secretary); and 
(B) any amendment to the Pechanga Set-
tlement Agreement necessary to make the 
Pechanga Settlement Agreement consistent with 
this Act. 
(2) MODIFICATIONS.—Nothing in this Act pre-
cludes the Secretary from approving modifications to 
exhibits to the Pechanga Settlement Agreement not 
inconsistent with this Act, to the extent those modi-
fications do not otherwise require congressional ap-
proval pursuant to section 2116 of the Revised Stat-
utes (25 U.S.C. 177) or other applicable Federal 
law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) 
IN
GENERAL.—In 
implementing 
the 
Pechanga Settlement Agreement, the Secretary shall 
promptly comply with all applicable requirements 
of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
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(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION
OF
THE
PECHANGA
SETTLE-
MENT AGREEMENT.— 
(A) 
IN
GENERAL.—Execution 
of 
the 
Pechanga Settlement Agreement by the Sec-
retary under this section shall not constitute a 
major Federal action under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(B) COMPLIANCE.—The Secretary is di-
rected to carry out all Federal compliance nec-
essary 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. 
SEC. 5. TRIBAL WATER RIGHT. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each Allottee benefits that are equal 
to or exceed the benefits Allottees possess as of the date 
of enactment of this Act, taking into consideration— 
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(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.—A Tribal Water Right of up 
to 4,994 acre-feet of water per year that, under nat-
ural conditions, is physically available on the Res-
ervation is confirmed in accordance with the Find-
ings of Fact and Conclusions of Law set forth in In-
terlocutory Judgment No. 41, as affirmed by the 
Fallbrook Decree. 
(2) USE.—Subject to the terms of the 
Pechanga Settlement Agreement, this Act, the 
Fallbrook Decree, and applicable Federal law, the 
Band may use the Tribal Water Right for any pur-
pose on the Reservation. 
(c) HOLDING IN TRUST.—The Tribal Water Right, 
as set forth in subsection (b), shall— 
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(1) be held in trust by the United States on be-
half of the Band and the Allottees in accordance 
with this section; 
(2) include the priority dates described in Inter-
locutory Judgment No. 41, as affirmed by the 
Fallbrook Decree; and 
(3) not be subject to forfeiture or abandonment. 
(d) ALLOTTEES.— 
(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 shall 
be satisfied from the Tribal Water Right. 
(3) ALLOCATIONS.—Allotted land located within 
the exterior boundaries of the Reservation shall be 
entitled to a just and equitable allocation of water 
for irrigation and domestic purposes from the Tribal 
Water Right. 
(4) 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 
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exhaust remedies available under the Pechanga 
Water Code or other applicable tribal law. 
(5) 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. 
(6) AUTHORITY.—The Secretary shall have the 
authority to protect the rights of Allottees as speci-
fied 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 
on the Reservation in accordance with— 
(A) the Pechanga Settlement Agreement; 
and 
(B) applicable Federal law. 
(2) LEASES BY ALLOTTEES.— 
(A) IN GENERAL.—An Allottee may lease 
any interest in land held by the Allottee, to-
gether with any water right determined to be 
appurtenant to that interest in land. 
(B) WATER
RIGHT
APPURTENANT.—Any 
water right determined to be appurtenant to an 
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interest in land leased by an Allottee shall be 
used on such land on the Reservation. 
(f) PECHANGA WATER CODE.— 
(1) IN GENERAL.—Not later than 18 months 
after 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.—Subject to the approval of 
the Secretary, the Pechanga Water Code shall pro-
vide— 
(A) that allocations of water to Allottees 
shall be satisfied with water from the Tribal 
Water Right; 
(B) that charges for delivery of water for 
irrigation purposes for Allottees shall be as-
sessed on a just and equitable basis; 
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