Fort Hall Indian Water Rights Act of 1990
PL 101-602 (H.R.5308), enacted 11/16/1990

PUBLIC LAW 101-602—NOV. 16, 1990 
104 STAT. 3059 
Public Law 101-602 
101st Congress 
An Act 
To approve the Fort Hall Indian Water Rights Settlement, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Fort Hall Indian Water Rights Act 
of 1990". 
SEC. 2. DEFINITIONS. 
For the purposes of this Act, and for no other purposes— 
(1) The term "Agreement" means the "1990 Fort Hall Indian 
Water Rights Agreement" between the State of Idaho, the 
Shoshone-Bannock Tribes, the United States, and other partici-
pating parties. 
(2) The term "Committee of Nine" means the advisory 
committee of water district 01, which is the instrumentality 
created by the Director of the Idaho Department of Water 
Resources pursuant to Idaho Code 42-604. 
(3) The term "Final Decree" means the partial decree 
confirming the Tribal water rights described and quantified in 
Article 7 of the Agreement to be entered after the date of 
enactment of this Act and following submission of the Agree-
ment as provided for in Article 10 of the Agreement in Civil 
Case No. 39576 filed in the Fifth Judicial District Court of the 
State of Idaho in and for Twin Falls County on June 17, 1987, 
entitled In Re the General Adjudication of Rights to the Use of 
Water from the Snake River Basin Water System. 
(4) The term "Fort Hall Indian Irrigation Project" means the 
Federal project constructed to provide water for the irrigation 
of Reservation lands and certain ceded lands. 
(5) The term "Idaho Water Resource Board" means the Idaho 
State Water Resource Agency constituted in accordance with 
Idaho Constitution article XV, section 7, or any successor 
agency. 
(6) The term "Indian" means any person who is a member of a 
tribe recognized as eligible for special programs and services 
provided by the United States because of the person's status as 
an Indian; is recognized as an Indian under tribal law; or holds 
or is recognized by the Secretary as eligible to hold restricted 
trust property on the Reservation. 
(7) The term "Indian lands" means (A) all lands within the 
exterior boundaries of the Reservation that are held in trust or 
owned for the Shoshone-Bannock Tribes or an Indian, and (B) 
those lands outside the exterior boundaries of the Reservation 
held in trust for or owned by the Shoshone-Bannock Tribes or 
held in trust for or owned subject to a restriction on alienation 
by a member of the Shoshone-Bannock Tribes. 
Nov. 16, 1990 
[H.R. 5308] 
Fort Hall Indian 
Water Rights 
Act of 1990. 
Idaho. 
104 STAT. 3060 
PUBLIC LAW 101-602—NOV. 16, 1990 
(8) The term "Michaud Act" means the Act of August 31, 
1954, chapter 1159, 68 Stat. 1026. 
(9) The term "Michaud Contract" means that Memorandum 
Agreement of April 25, 1957, between the Bureau of Reclama-
tion and the Bureau of Indian Affairs relating to the water 
supply for the Michaud Division. 
(10) The term "Michaud Division" means that division of the 
Fort Hall Indian Irrigation Project authorized by the Act of 
August 31,1954, chapter 1159, 68 Stat. 1026. 
(11) The term "Party" or "Parties" means any entity or 
entities that are party to the Agreement. 
(12) The term "Reservation" means the Fort Hall Indian 
Reservation. 
(13) The term "Secretary" means the Secretary of the In-
terior. 
(14) The term "Tribes" or "Tribal" means the Shoshone-
Bannock Tribes, its members, and its allottees. 
(15) The term "Upper Snake River Basin" means that portion 
of the Snake River Basin upstream from the Hells Canyon Dam, 
the lowest of the 3 dams authorized as FERC Project No. 1971. 
SEC. 3. FINDINGS. 
The purpose of the Fort Hall Indian Water Rights Settlement Act 
of 1990 is to achieve a fair, equitable, and final settlement of all 
claims of the Shoshone-Bannock Tribes, its members, and its 
allottees and the United States on behalf of the Shoshone-Bannock 
Tribes, its members, and its allottees to water rights in the Upper 
Snake River Basin. 
SEC. 4. RATIFICATION OF AGREEMENT. 
The Agreement is hereby approved, ratified, and confirmed. The 
Secretary is authorized and directed to implement the Agreement 
on behalf of the United States. 
SEC. 5. PROTECTION OF EXISTING USES. 
(a) CONTRACT FOR STORAGE SPACE.—The Secretary is authorized 
and directed to contract with the Idaho Water Resource Board or 
another appropriate contracting entity acceptable to the Committee 
of Nine for 18,900 acre feet of storage space in the Palisades 
Reservoir and the 80,500 acre feet of storage space in the Ririe 
Reservoir provided that the contracting entity makes application for 
the noncontracted storage space within 1 year of the date of this Act 
and the contracting party agrees to pay all operation and mainte-
nance costs associated with the space. The repayment obligation 
associated with the construction costs for such noncontracted stor-
age space is hereby deemed repaid by this Act. All exemptions that 
result from such a repayment shall be deemed to be applicable 
without further qualification on the part of such contracting entity, 
and with respect to subsequent users of this water, the Reclamation 
laws shall apply only to the extent such laws would have applied to 
such subsequent users prior to the date of this Act. 
(b) LIMITATION ON SETTING ASIDE FINAL DECREE.—Neither the 
Committee of Nine nor the State shall have the right to set aside the 
Final Decree because either fails to make application for the storage 
space referred to in subsection (a) of this section within 1 year of the 
date of this Act. 
PUBLIC LAW 101-602—NOV. 16, 1990 
104 STAT. 3061 
SEC. 6. USE, TRANSFER, AND LEASE OF TRIBAL WATER RIGHTS. 
(a) TRANSFER AND LEASE OF TRIBAL WATER RIGHTS WITHIN THE 
RESERVATION.—The Tribes shall have the right to transfer or lease 
within the Reservation all or any part of the Tribal water right 
confirmed in the Final Decree on the terms and conditions set forth 
in article 7 of the Agreement. 
0)) RENTAL OF THE TRIBES FEDERAL CONTRACT STORAGE WATER.— 
The Tribes shall have the right to rent, pursuant to Idaho Code 42-
1761 through 42-1765 as specified in article 7 of the Agreement, the 
water accruing to Federal storage space held in trust for the Tribes 
under the Michaud Act. 
(c) INSTREAM FLOWS.—The Tribes shall have the right to use any 
or all of the water accruing to Federal storage space held in trust for 
the Tribes under the Michaud Act for instream flows for river 
reaches on or adjacent to the Reservation and up to 15,000 acre feet 
per year of the storage water rights described in articles 7.1.19 and 
7.1.20 of the Agreement for instream flows in reaches of the Black-
foot River on the terms and conditions set forth in article 7.4 of the 
Agreement. 
(d) 
REQUISITE CONGRESSIONAL APPROVAL.—Ratification 
of 
the 
Agreement as provided for by section 4 of this Act shall constitute 
the congressional approval, to the extent it is required by Federal 
law, of the uses described in subsections (a), OJ). and (c) of this 
section. 
(e) AMENDMENT OF MICHAUD ACT AND CONTRACT.—The Michaud 
Act and the Michaud Contract are hereby amended to the extent 
68 Stat. 1026. 
necessary to authorize the uses described in subsections (a), (b), and 
(c) of the proprietary rights described in article 7 of the Agreement. 
(f) No AUENATION OR TAXATION OF PROCEEDS.—The proceeds from 
leasing water pursuant to subsection (a) of this section or from 
renting all or any part of the water accruing to the Federal contract 
storage space pursuant to subsection (b) of this section shall not be 
subject to any form of taxation or alienation by the State. 
(g) No FORFEITURE, ABANDONMENT, Loss, OR CONSTRAINTS ON 
INCOME.—The Tribes' exercise of the rights described in subsections 
(a), (b), and (c) of this section or nonuse of the Tribal water rights 
shall in no event be construed or interpreted as any forfeiture, 
abandonment, relinquishment, or other loss of all or any part of the 
Tribal water rights. Nor shall the exercise of the rights described in 
subsections (a) and (b) of this section be subject to any constraints on 
the amount of income or other compensation received by the Tribes. 
(h) LIMITATION ON OFF-RESERVATION USE.—Except as authorized 
by this section, no Tribal water rights or water described in the 
Agreement may be sold, leased, rented, transferred, or otherwise 
used off the Fort Hall Indian Reservation. 
SEC. 7. CONTRIBUTION TO SETTLEMENT. 
Appropriation 
(a) TRIBAL DEVELOPMENT FUND.—There are hereby authorized to 
^" °"^ ^°"^' 
be appropriated to the Department of the Interior Bureau of Indian 
Affairs $4,000,000 in the first fiscal year, $3,000,000 in the second 
fiscal year, and $3,000,000 in the third fiscal year following the 
effective date of this Act for payment to the Tribal Development 
Fund, which the Secretary is authorized and directed to establish for 
the Shoshone-Bannock Tribes. Within 60 days of appropriation of 
moneys for the Tribal Development Fund, the Secretary shall allo-
cate and make payment to the Fund. Once the funds are deposited 
104 STAT. 3062 
PUBLIC LAW 101-602—NOV. 16, 1990 
into the Tribal Development Fund, the Secretary shall disburse the 
funds to the Tribes upon request. 
(b) RESERVATION WATER MANAGEMENT SYSTEM.—There is hereby 
authorized to be appropriated to the Department of the Interior 
Bureau of Indian Affairs the sum of $3,000,000 in the first fiscal 
year, $2,000,000 in the second fiscal year, and $2,000,000 in the third 
fiscal year following the effective date of this Act for use by the 
Tribes for development of a Reservation water management system. 
Within 60 days of appropriation of moneys for the Reservation 
water management system, the Secretary shall allocate and make 
pa)nnent to the Tribes for the purposes described in this section. 
(c) ACQUISITION OF LANDS, GRAZING RIGHTS, AND IMPROVEMENTS.— 
There are hereby authorized to be appropriated to the Department 
of the Interior Bureau of Indian Affairs $5,000,000 for the primary 
purposes of acquiring for the Fort Hall Indian Irrigation Project 
available lands and grazing rights adjacent to Grays Lake to en-
hance the operation and management of the project and of making 
related improvements as well as providing collateral benefits for the 
operation of the Fish and Wildlife Service Refuge at Grays Lake, 
(d) LIMITATION ON PER CAPITA DISTRIBUTIONS.—Under no cir-
cumstances may any appropriated funds authorized by subsections 
(a), 0)), and (c) of this section be distributed on a per capita basis to 
members of the Tribes. 
(e) LIMITATION ON SETTING ASIDE FINAL DECREE.—Neither the 
Tribes nor the United States shall have the right to set aside the 
Final Decree because Congress fails to appropriate the funds au-
thorized by subsection (a), (b), or (c) of this section or because the 
United States fails to acquire the grazing allotments adjacent to 
Grays Lake. 
(f) TRUST RESPONSIBIUTY.—Nothing in this Act shall be construed 
or interpreted to alter the future trust responsibility of the United 
States to the Tribes nor to prohibit the Tribes from seeking addi-
tional authorization or appropriation of funds for Tribal programs 
or purposes. 
SEC. 8. WAIVER OF CLAIMS. 
(a) GENERAL AUTHORITY.—Upon the effective date of the Agree-
ment, the Tribes and the United States shall be deemed to have 
waived and released emy und all water rights or claims to water 
rights of the Tribes, its members and its allottees from any source 
within the Upper Snake River Basin other than those set forth in 
article 7 of the Agreement. This release shall not apply to water 
right claims under State law of Tribal members for lands not 
defined as Indian lands for purposes of this Act nor to any other 
Indian tribe or to any Federal agency other than the Bureau of 
Indian Affairs, Fort Hall Indian Agency. 
(b) WAIVER OF CLAIMS AGAINST THE UNITED STATES.—In consider-
ation of performance by the United States of all actions required by 
the Agreement and this Act, including the congressional authoriza-
tion, appropriation, and payment of all funds authorized in section 7 
of this Act, the Tribes shall be deemed to have executed in return a 
waiver and releeise of any and all existing claims against the United 
States arising in whole or in part from or concerning water rights 
finally settled by the Agreement and for lands or water that have 
been inundated by the past construction or enlargement of Amer-
ican Falls Reservoir. 
PUBLIC LAW 101-602—NOV. 16, 1990 
104 STAT. 3063 
(c) WAIVER OF CLAIMS AGAINST NON-FEDERAL PERSONS.—Upon 
entry of the Final Decree confirming the Tribal water rights, the 
United States and the Tribes agree not to make any claims against, 
or seek compensation from, any non-Federal person for lands or 
water that have been inundated by the past construction or enlarge-
ment of American Falls Reservoir. In the event funds are not paid 
as set forth in section 7, the Tribes are authorized to bring an action 
in the United States Claims Court for such funds plus applicable 
interest. The United States hereby waives any defense of sovereign 
immunity to such action. 
SEC. 9. INDIVIDUAL MEMBERS AND ALLOTTEES OF THE TRIBES. 
The water rights described in the Agreement and confirmed in the 
Final Decree are in full satisfaction of all water right claims of 
members of the Tribes and allottees for Indian lands in the Upper 
Snake River Basin. If any Tribal member or allottee is decreed a 
water right for Indian lands in Civil Case No. 89576 filed in the Fifth 
Judicial District Court of the State of Idaho in and for Twin Falls 
County on June 17, 1987, entitled "In Re the General Adjudication 
of Rights to the Use of Water from the Snake River Basin Water 
System", there shall be a corresponding reduction made in the 
Tribal water rights set forth in the Agreement and the Final Decree. 
SEC. 10. EFFECTIVE DATE. 
(a) DISBURSEMENT OF FUNDS UPON EFFECTIVE DATE.—The moneys 
appropriated pursuant to the authorization in section 7 of this Act 
shall not be disbursed until such time as the Agreement becomes 
effective. If the Agreement does not become effective, the moneys 
shall be returned to the General Fund of the Treasury, and the 
Agreement may be voided by any party to the Agreement. 
(b) FORCE AND EFFECT.—No provision of this Act shall be of any 
force unless the Agreement becomes effective as provided by article 
18 of the Agreement. 
SEC. 11. DISCLAIMER, 
(a) GENERAL DISCLAIMER.—Nothing in the Agreement or this Act 
shall be construed in any way to quantify or otherwise affect the 
water rights or water right claims of the city of Pocatello, Idaho, or 
of any Indian tribe, band, or community, other than the Shoshone-
Bannock Tribes. 
Qo) RESERVATION OF TRIBAL CLAIMS.—Nothing in this Act shall be 
construed to waive any water rights or water right claims of the 
Tribe or the United States on behalf of the Tribes except as set forth 
in the Agreement. Nor shall anything in the Agreement or this Act 
affect the water rights or water right claims of any Federal agency, 
other than the Bureau of Indian Affairs, Fort Hall Indian Agency. 
(c) RESERVATION OF RIGHTS.—The parties expressly reserve all 
rights not granted, recognized, or settled by the Agreement or this 
Act. 
(d) DISCLAIMER REGARDING OTHER AGREEMENTS.—Except as 
ex-
pressly provided in this Act, nothing herein shall be considered to 
104 STAT. 3064 
PUBLIC LAW 101-602—NOV. 16, 1990 
amend, construe, supersede, or preempt any State law. Federal law, 
Tribal law, or interstate compact that pertains to the Snake River or 
its tributaries. 
SEC. 12. PROTECTION OF TRIBAL WATER RIGHTS. 
The Tribal water rights confirmed by the Final Decree shall bind 
and inure to the benefit of the Tribes and shall not be taken fi-om 
them absent their consent and pajrment of 
just compensation. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 5308: 
HOUSE REPORTS: No. 101-831 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 10, considered and passed House. 
Oct. 27, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential statement.