I
105TH CONGRESS
2D SESSION
H. R. 4392
To amend the San Luis Rey Indian Water Rights Settlement Act, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1998
Mr. CUNNINGHAM (for himself and Mr. PACKARD) introduced the following
bill; which was referred to the Committee on Resources
A BILL
To amend the San Luis Rey Indian Water Rights Settlement
Act, 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. AMENDMENTS RELATED TO SUPPLEMENTAL
WATER SUPPLY AND FUNDING.
(a) 
SUPPLEMENTAL
WATER
SUPPLY.—Section
106(a) of the San Luis Rey Indian Water Rights Settle-
ment Act (Public Law 100–675; 102 Stat. 4000) is
amended to read as follows:
‘‘(a) OBLIGATION TO ARRANGE FOR DEVELOPMENT
OF WATER FOR BANDS AND LOCAL ENTITIES.—
‘‘(1) To provide a supplemental water supply
for the benefit of the Bands and the local entities,
subject to the provisions of the settlement agree-
ment, the Secretary shall—
‘‘(A) arrange for the development of not
more than 16,000 acre-feet per year of supple-
mental water from public lands within the
boundaries of the State of California outside
the service area of the Central Valley Project;
‘‘(B) obtain not more than 16,000 acre-
feet per year either from water conserved by the
works authorized in title II, or through contract
with the Metropolitan Water District of South-
ern California; or
‘‘(C) construct that portion of the works
authorized in title II that is necessary to con-
serve 16,000 acre-feet of water per year, and
arrange to deliver such water to the Bands and
the local entities by exchange or through con-
tract with the Metropolitan Water District of
Southern California and other parties with con-
veyance facilities.
‘‘(2) Except as provided in subsection (d)(3),
the right to the 16,000 acre-feet of water per year
provided pursuant to paragraph (1) shall be held in
perpetuity by the United States in trust for the San
Luis Rey Indian Water Authority and shall be sub-
ject to the provisions of this title and of the settle-
ment agreement governing the use and disposition of
supplemental water. The use of such water shall not
be subject to the provisions of section 204. Nothing
in this section or any other provision of this title
shall authorize the construction of any new dams,
reservoirs, or surface water storage facilities.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
106(d) of such Act is amended to read as follows:
‘‘(d) COST
OF
DEVELOPING
AND
DELIVERING
WATER.—
‘‘(1) USE OF FEDERAL FUNDS.—There are au-
thorized to be appropriated such funds as may be
necessary to construct that portion of the works au-
thorized in title II that is necessary to conserve
16,000 acre-feet of water per year. Neither the costs
of delivering supplemental water nor the costs of op-
erating, maintaining, and replacing the works nec-
essary to conserve 16,000 acre-feet of water per year
once those works have been constructed shall be
borne by the United States, and no Federal appro-
priations are authorized for those purposes.
‘‘(2) OPERATION
AND
MAINTENANCE
DETER-
MINATION.—The Secretary shall determine the im-
pact of the works constructed pursuant to subsection
(a)(1)(C) on the cost of operation and maintenance
and the existing regulating and storage capacity of
the All American Canal and its Coachella Branch. If
the works result in any added operation and mainte-
nance costs which exceed the benefits derived from
increasing the regulating and storage capacity of the
canals to the Imperial Irrigation District or the
Coachella Valley Water District, the Indian Water
Authority and the local entities shall reimburse the
agency which experiences such additional costs on an
annual basis pursuant to the Secretary’s determina-
tion.
‘‘(3) OBLIGATION TO MAINTAIN CONSERVATION
PROVIDED BY WORKS.—The right to 16,000 acre-
feet of water per year obtained by the construction
of the works described in subsection (a)(1)(C), al-
though perpetual in nature, is subject to the works
described in subsection (a)(1)(C) being maintained
so as to continue to conserve 16,000 acre-feet of
water per year as compared to the situation that ex-
isted prior to the construction of those works. The
Secretary shall determine the amount of water so
conserved by said works on an ongoing basis, and
shall allow said water to be delivered to the Indian
Water Authority and the local entities only to the
extent that said water has actually been so con-
served by said works.’’.
(c) LIMITATION ON FUNDS.—Section 203(e)(1) of
such Act is amended to read as follows:
‘‘(1) Except as provided in section 106(d), no
Federal funds may be used for construction of the
works described in subsection (a)(1).’’.
(d) BENEFICIAL
USE
IN
CALIFORNIA.—Section
204(b) of such Act is amended to read as follows:
‘‘(b) BENEFICIAL USE IN CALIFORNIA.—
‘‘(1) The water identified in subsection (a)
(other than that provided pursuant to section
106(a)) shall be made available, subject to the ap-
proval requirement established in section 203(c)(3),
for consumptive use by California Contractors within
their service areas according to their priorities under
the Seven Party Agreement.
‘‘(2) If the water made available under para-
graph (1) is used during the term of the funding
agreements by a California Contractor other than a
Participating Contractor, or a Participating Con-
tractor in an amount in excess of its proportionate
share as measured by the amount of its contributed
funds in relation to the total contributed funds, such
contractor shall reimburse the Participating Con-
tractors in an amount equal to the sum of—
‘‘(A) the annualized amounts of their re-
spective contributions which funded the con-
servation of water so used;
‘‘(B) any added costs of operation and
maintenance as determined in section 203(b);
and
‘‘(C) related mitigation costs under section
203(a)(2).
‘‘(3) Reimbursements made pursuant to para-
graph (3) shall be based on the costs each Partici-
pating Contractor incurs in contributing funds, its
total contribution, and the life of the works.’’.
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