San Luis Rey Indian Water Rights Settlement Act
PL 100-675 (S.795), enacted 11/17/1988

102 STAT. 4000 
PUBLIC LAW 100-675—NOV. 17, 1988 
Public Law 100-675 
100th Congress 
An Act 
Nov. 17, 198» 
rj.jj provide for the settlement of water rights claims of the La JoUa, Rincon, San 
[S. 795] 
Pasqual, Pauma, and Pala Bands of Mission Indians in San Diego County, Califor-
nia, to authorize the lining of the All American Canal, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
San Luis Ray 
TITLE I—SAN LUIS REY INDIAN WATER RIGHTS 
Rights 
"^ 
SETTLEMENT ACT 
Settlement Act. 
SEC. lOL SHORT TITLE. 
This title may be cited as the "San Luis Rey Indian Water Rights 
Settlement Act'. 
SEC. 102. DEFINITIONS. 
For purposes of this title: 
(1) BANDS.—The term "Bands" means the La Jolla, Rincon, 
San Pasqual, Pauma, and Pala Bands of Mission Indians which 
are recognized by the Secretary of the Interior as the governing 
bodies of their respective reservations in San Diego County, 
California. 
(2) FUND.—The term "Fund" means the San Luis Rey Tribal 
Development Fund established by section 105. 
(3) INDIAN WATER AUTHORITY.—The term "Indian Water 
Authority" means the San Luis Rey River Indian Water 
Authority, an intertribal Indian entity established by the 
Bands. 
(4) LOCAL ENTITIES.—The term "local entities" means the city 
of Escondido, California; the Escondido Mutual Water Com-
pany; and the Vista Irrigation District. 
(5) SETTLEMENT AGREEMENT.—The term "settlement agree-
ment" means the agreement to be entered into by the United 
States, the Bands, and the local entities which will resolve all 
claims, controversies, and issues involved in all the pending 
proceedings among the parties. 
(6) SECRETARY.—The term "Secretary" means the Secretary of 
the Interior. 
(7) SUPPLEMENTAL WATER.—The term "supplemental water" 
means water from a source other than the San Luis Rey River. 
SEC. 103. CONGRESSIONAL FINDINGS; LOCAL CONTRIBUTIONS; PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Reservations established by the United States for the 
La JoUa, Rincon, San Pasqual, Pauma, and Pala Bands of 
Mission Indians on or near the San Luis Rey River in San Diego 
County, California, need a reliable source of water. 
(2) Diversions of water from the San Luis Rey River for the 
benefit of the local entities commenced in the early 1890s and 
PUBLIC LAW 100-675—NOV. 17, 1988 
102 STAT. 4001 
continue to be an important source of supply to those 
communities. 
(3) The inadequacy of the San Luis Rey River to supply the 
needs of both the Bands and the local entities has given rise to 
litigation to determine the rights of various parties to water 
from the San Luis Rey River. 
(4) The pendency of the litigation has— 
(A) severely impaired the Bands' efforts to achieve eco-
nomic development on their respective reservations, 
(B) contributed to the continuation of high rates of 
unemployment among the members of the Bands, 
(C) increased the extent to which the Bands are finan-
cially dependent on the Federal Government, and 
(D) impeded the Bands and the local entities from taking 
effective action to develop and conserve scarce water re-
sources and to preserve those resources for their highest 
and best uses. 
(5) In the absence of a negotiated settlement— 
(A) the litigation, which was initiated almost 20 years 
ago, is likely to continue for many years, 
(B) the economy of the region and the development of the 
reservations will continue to be adversely affected by the 
water rights dispute, and 
(C) the implementation of a plan for improved water 
management and conservation will continue to be delayed. 
(6) An agreement in principle has been reached under which a 
comprehensive settlement of the litigation would be achieved, 
the Bands' claims would be fairly and justly resolved, the 
Federal Government's trust responsibility to the Bands would 
be fulfilled, and the local entities and the Bands would make 
fair and reasonable contributions. 
(7) The United States should contribute to the settlement by 
providing funding and delivery of water from a supplemental 
source. Water developed through conjunctive use of ground-
water on public lands in southern California or water to be 
reclaimed from lining the previously unlined portions of the All 
American Caned can provide an appropriate supplemental 
water source. 
(h) PURPOSE.—It is the purpose of this title to provide for the 
settlement of the reserved water rights claims of the La Jolla, 
Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians in 
San Diego County, California, in a fair and just manner which— 
(1) provides the Bands with a reliable water supply sufficient 
to meet their present and future needs; 
(2) promotes conservation and the wise use of scarce water 
resources in the upper San Luis Rey River System; 
(3) establishes the basis for a mutually beneficial, lasting, and 
cooperative partnership among the Bands and the local entities 
to replace the adversary relationships that have existed for 
several decades; and 
(4) fosters the development of an independent economic base 
for the Bands. 
SEC. 104. SETTLEMENT OF WATER RIGHTS DISPUTE. 
Sections 106 and 109 of this Act shall take effect only when— 
(1) the United States; the City of Escondido, California; the 
Escondido Mutual Water Company; the Vista Irrigation Dis-
102 STAT. 4002 
PUBLIC LAW 100-675—NOV. 17, 1988 
trict; and the La JoUa, Rincon, San Pasqual, Pauma, and Pala 
Bands of Mission Indians have entered into a settlement agree-
ment providing for the complete resolution of all claims, con-
troversies, and issues involved in all of the pending proceedings 
among the parties in the United States District Court for the 
Southern District of California and the Federal Energy Regu-
latory Commission; and 
(2) stipulated judgments or other appropriate final disposi-
tions have been entered in said proceedings. 
SEC. 105. SAN LUIS REY TRIBAL DEVELOPMENT FUND. 
(a) EsTABUSHMENT OF FuND.—There is hereby established within 
the Treasury of the United States the "San Luis Rey Tribal Develop-
ment Fund . 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) There is authorized to be appropriated to the San Luis Rey 
Tribal Development Fund $30,000,000, together with interest 
accruing from the date of enactment of this Act at a rate 
determined by the Secretary of the Treasury taking into consid-
eration the average market yield on outstanding Federal obli-
gations of comparable maturity. Following execution of the 
settlement agreement, judgments, and other appropriate final 
dispositions specified in section 104, the Secretaiy of the Treas-
ury shall allocate and make available such monies from the 
trust fund as are requested by the Indian Water Authority. 
(2) Any monies not allocated to the Indian Water Authority 
and remaining in the fund authorized by this section shall be 
invested by the Secretary of the Treasury in interest-bearing 
deposits and securities in accordance with the Act of June 24, 
1938 (25 U.S.C. 162a). Such interest shall be made available to 
the Indian Water Authority in the same manner as the monies 
identified in paragraph (1). 
SEC. 106. DUTIES OF THE UNITED STATES FOR DEVELOPMENT OF 
SUPPLEMENTAL WATER 
(a) OBUGATION TO ARRANGE FOR DEVELOPMENT OF WATER FOR 
BANDS AND LOCAL ENTITIES.—To provide a supplemental water 
supply for the benefit of the Bands and the local entities, subject 
to the provisions of the settlement agreement, the Secretary is 
authorized and directed to: 
(1) arrange for the development of not more than a total of 
16,000 acre-feet per year of supplemental water from public 
lands within the State of California outside the service area of 
the Central Valley Project; or 
(2) arrange to obtain not more than a total of 16,000 acre-feet 
per year either from water conserved by the works authorized 
in title II of this Act, or through contract with the Metropolitan 
Water District of Southern California. 
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) AUTHORITY TO UTILIZE EXISTING PROGRAMS AND PUBLIC 
LANDS.—To carry out the provisions of subsection (a), the Secretary 
may, subject to the rights and interests of other parties and to the 
extent consistent with the requirements of the laws of the State of 
California and such other laws as may be applicable: 
(1) utilize existing programs and authorities; and 
PUBLIC LAW 100-675—NOV. 17, 1988 
102 STAT. 4003 
(2) permit water to be pumped from beneath public lands and, 
in conjunction therewith, authorize a program to recharge some 
or all of the groundwater that is so pumped. 
(c) TERMS AND CJONDITIONS OF WATER DELIVERIES.—Such supple-
mental water shall be provided for use by the Bands on their 
reservation and the local entities in their service areas pursuant to 
the terms of the settlement agreement and shall be delivered at 
locations, on a schedule and under terms and conditions to be agreed 
upon by the Secretary, the Indian Water Authority, the local enti-
ties and any agencies participating in the delivery of the water. It 
may be exchanged for water from other sources for use on the 
Bands' reservations or in the local entities' service areas. 
(d) COST OF DEVELOPING AND DEUVERING WATER.—The cost of 
developing and delivering supplemental water pursuant to this 
section shall not be borne by the United States, and no Federal 
appropriations are authorized for this purpose. 
(e) REPORT TO CONGRESS.—Notwithstanding the provisions of sec-
tion 104, within nine months following enactment of this Act, the 
Secretary shall report to the Committee on Interior and Insular 
Affairs of the House of Representatives and to the Committee on 
Energy and Natural Resources and the Select Committee on Indian 
Affairs of the Senate on (1) the Secretary's recommendations for 
providing a supplemental water source including a description of 
the worl^, their costs and impacts, and the method of financing; and 
(2) the proposed form of contract for delivery of supplemental water 
to the Bands and the local entities. When 60 calendar days have Contracts. 
elapsed following submission of the Secretary's report, the Secretary 
shall execute the necessary contracts and carry out the rec-
ommended program unless otherwise directed by the Congress. 
SEC. 107. ESTABLISHMENT. STATUS, AND GENERAL POWERS OF SAN LUIS 
REY RIVER INDIAN WATER AUTHORITY. 
(a) ESTABUSHMENT OF INDIAN W A T E R AUTHORITY APPROVED AND 
RECOGNIZED.— 
(1) IN GENERAL.—The establishment by the Bands of the San 
Luis Rey River Indian Water Authority as a permanent inter-
tribal entity pursuant to duly adopted ordinances and the power 
of the Indian Water Authority to act for the Bands are hereby 
recognized and approved. 
(2) LIMITATION ON POWER TO AMEND OR MODIFY ORDINANCES.— 
Any proposed modification or repeal of any ordinance referred 
to in paragraph (1) must be approved by the Secretan^, except 
that no such approval may be granted unless the Secretary 
finds that the proposed modification or repeal will not interfere 
with or impair the ability of the Indian Water Authority to 
carry out its responsibilities and obligations pursuant to this 
Act and the settlement agreement. 
O
t
)
) STATUS AND GENERAL POWERS OF INDIAN WATER AUTHORITY.— 
(1) STATUS AS INDIAN ORGANIZATION.—To the extent provided 
in the ordinances of the Bands which established the Indian 
Water Authority, such Authority shall be treated as an Indian 
entity under Federal law with which the United States has a 
trust relationship. 
(2) POWER TO ENTER INTO AGREEMENTS.—The Indian Water 
Authority may enter into such agreements as it may deem 
necessary to implement the provisions of this title and the 
settlement agreement. 
102 STAT. 4004 
PUBLIC LAW 100-675—NOV. 17, 1988 
(3) INVESTMENT POWER.—^Notwithstanding paragraph (1) or 
any other provision of law, the Indian Water Authority shall 
have complete discretion to invest and manage its own funds: 
Provided, That the United States shall not b e ^ any obligation 
or liability r^arding the investment, management or use of 
such funds. 
(4) LIMITATION ON SPENDING AUTHORITY.—All funds of the 
Indian Water Authority which are not required for administra-
tive or operational expenses of the Authority or to fulfill 
obligations of the Authority under this title, the settlement 
agreement, or any other agreement entered into by the Indian 
Water Authority shall be invested or used for economic develop-
ment of the Bands, the Bands' reservation lands, and their 
members. Such funds may not be used for per capita pajrments 
to members of any Band. 
(c) INDIAN WATER AUTHORITY TREATED AS TRIBAL GOVERNMENT 
F
O
R CERTAIN PURPOSES.—The Indian Water Authority shall be 
considered to be an Indian tribal government for purposes of section 
7871(aX4) of the Internal Revenue Code of 1986. 
SEC 106. DELEGATION OF AUTHORITY. 
Contracts. 
The Secretary and the Attorney General of the United States, 
acting on behalf of the United States, and the Bands, acting through 
their duly authorized governing bodies, are authorized to enter into 
the settlement agreement. The Secretary is authorized to enter into 
such agreements and to take such measures as the Secretary may 
deem necessary or appropriate to fulfill the provisions of this title. 
SEC 109. AUTHORITY OF THE FEDERAL ENERGY REGULATORY COMMIS-
SION AND THE SECRETARY OF THE INTERIOR OVER POWER 
FACILITIES AND GOVERNMENT AND INDIAN LANDS. 
(a) POWER FACILITIES.—Any license issued under the Act of 
June 10,1920 (16 U.S.C. 791a et seq., commonly referred to as Part I 
of the Federal Power Act) for any part of the system that diverts the 
waters of the San Luis Rey River originating adbove the intake to the 
Elscondido Canal— 
(1) shall be subject to all of the terms, conditions, and provi-
sions of the settlement agreement and this title; and 
(2) shall not in any way interfere with, impair or affect the 
abiUty of the Bands, the local entities and the United States to 
implement, perform, and comply fully with all of the terms, 
conditions, and provisions of the settlement agreement. 
(b) INDIAN AND GOVERNMENT LANDS.—Notwithstanding any provi-
sion of Part I of the Federal Power Act to the contrary, the Sec-
retary is exclusively authorized, subject to subsection (c), to lease, 
grant rights-of-way across, or transfer title to, any Indian tribal or 
allotted land, or any other land subject to the authority of the 
Secretary, which is used, or may be useful, in connection with the 
operation, maintenance, repair, or replacement of the system to 
divert, convey, and store the waters of the San Luis Rey River 
originating above the intake to the Escondido Canal or the supple-
mental water supplied by the Secretary under this Act. 
(c) 
APPROVAL BY INDIAN BANDS; COMPENSATION TO INDIAN 
OWNERS.—^Any disposition of Indian tribal or allotted land by the 
Secretary under the subsection (b) shall be subject to the approval of 
the governing Indian Band. Any individual Indian owner or allottee 
• 
'^<:-v 
PUBLIC LAW 100-675—NOV. 17, 1988 
102 STAT. 4005 
whose land is disposed of by any action of the Secretary under 
subsection 0?) shall be entitled to receive just compensation. 
SEC. 110. RULES OF CONSTRUCTION. 
(a) EMINENT DOMAIN.—No provision of this title shall be con-
strued as authorizing the acquisition by the Federal Government of 
any water or power supply or any water conveyance or power 
transmission facility through the power of eminent domain or any 
other nonconsensual arrangement. 
(h) STATUS AND AUTHORITY OF INDIAN WATER AUTHORITY.—No 
provision of this title shall be construed as creating any implication 
with respect to the status or authority which the Indian Water 
Authority would have under any other law or rule of law in the 
absence of this title. 
SEC. 111. COMPLIANCE WITH BUDGET ACT. 
To the extent any provision of this title provides new spending 
authority described in section 401(cX2XA) of the Congressional 
Budget Act of 1974, such authority shall be effective for any fiscal 
year only to such extent or in such amounts as are provided in 
advance in appropriation Acts. 
TITLE II—ALL AMERICAN CANAL LINING 
SEC. 201. CONGRESSIONAL FINDINGS. 
Congress hereby finds and declares that: 
(1) The Boulder Canyon Project Act ("Project Act") was 
enacted to conserve the waters of the lower Colorado River for a 
number of public purposes, including the storage and delivery of 
water for reclamation of public l a n ^ and other uses exclusively 
within the United States. 
(2) The Secretary of the Interior ("Secretary") was authorized 
by the Project Act to construct what is now Hoover Dam, Lake 
Mead, and the All American Canal and "to contract for the 
storage of water in said reservoir and for the delivery thereof at 
such points on the river and on said canal as may be agreed 
upon . . .". 
(3) The Project Act provides that "no person shall have or be 
entitled to have the use for any purpose of the water stored as 
aforesaid except by contract" and in California the Secretary 
has entered into water delivery contracts with public agencies. 
(4) The Secretary's water delivery contracts incorporate the 
Seven Party Agreement of August 18, 1931, under which water 
that is not applied to beneficial use by a California Contractor is 
available for use by the California Contractor with the next 
priority. 
(5) The available supply of Colorado River water in California 
is insufficient to meet the priorities set forth in the Seven Party 
Agreement. 
(6) The Secretary's water delivery contracts with the Califor-
nia Contractors provide that the total beneficial consumptive 
use under the first three priorities established in the contracts 
shall not exceed 3.85 million acre-feet of water per year. 
(7) The rights of all California Contractors are defined by the 
Project Act, their contracts, and decisions and decrees of the 
United States Supreme Court. 
102 STAT. 4006 
PUBLIC LAW 100-675—NOV. 17, 1988 
(8) The Secretary has promulgated regulations pursuant to 
his authority under the Project Act establishing procedures to 
assure that deliveries of Colorado River water to each user will 
not exceed those reasonably required for its beneficial use. 
(9) The Secretary has constructed the All American Canal 
and delivers water to the Imperial Irrigation District and 
Coachella Valley Water District under water delivery contracts 
by which those districts are entitled to receive deliveries of 
water in amounts reasonably required for potable and irrigation 
purposes. 
(10) Studies conducted by the Secretary show that significant 
quantities of water currently delivered into the All American 
Canal and its Coachella Branch are lost by seepage from the 
canals and that such losses could be reduced or eliminated by 
lining these canals. 
SEC. 202. DEFINITIONS. 
As used in this title, the term— 
(1) "All American Canal Service Area" shall mean the Impe-
rial Service Area and the Coachella Service Area as defined in 
the Imperial Irrigation District and Coachella Valley Water 
District water delivery contracts with the Secretary dated 
December 1,1932, and October 14,1934, respectively. 
(2) "California Contractors" shall mean the Palo Verde Irriga-
tion District; Imperial Irrigation District; Coachella Valley 
Water District; and, The Metropolitan Water District of South-
ern California. 
(3) "Participating Contractor" shall mean a California Con-
tractor who elects to participate in, and fund, all or a portion of 
the works described in section 203 of this title. 
(4) "Project Act" shall mean the Boulder Canyon Project Act 
(45 Stat. 1057; 43 U.S.C. 617-617t). 
(5) "Secretary" shall mean the Secretary of the Interior. 
(6) "Seven Party Agreement" shall mean that agreement 
dated August 18, 1931, providing the schedule of priorities for 
use of the waters of the Colorado River within California as 
published in section 6 of the General Regulations of the Sec-
retary of the Interior dated September 28, 1931, and incor-
porated in the Secretary's water delivery contracts with the 
California Contractors. 
(7) "Works" shall mean the facilities and measures specified 
in section 203(a) of this title. 
SEC. 203. AUTHORIZATION OF PROJECT. 
(a) CANAL LINING AUTHORIZED.—The Secretary, in order to reduce 
the seepage of water, is authorized to— 
Safety. 
(1) construct a new lined canal or to line the previously 
unlined portions of the All American Canal from the vicinity of 
Pilot Knob to Drop 4 and its Coachella Branch from Siphon 7 to 
Siphon 32, or construct seepage recovery facilities in the vi-
cinity of Pilot Knob to Drop 4, including measures to protect 
public safety; and 
Fish and fishing. 
(2) implement measures for the replacement of incidental fish 
Wildlife. 
and wildlife values adjacent to the canals foregone as a result of 
the lining of the canal or mitigation of resulting impacts on fish 
and wildlife resources from construction of a new canal, or a 
portion thereof. Such measures shall be on an acre-for-acre 
PUBLIC LAW 100-675—NOV. 17, 1988 
102 STAT. 4007 
basis, based on ecological equivalency, and shall be imple-
mented concurrent with construction of the works. The Sec- Public lands. 
retaiy shall make available such public lands as he deems 
appropriate to meet the requirements of this subsection. The 
Secretary is authorized to develop ground water, with a priority 
given to nonpotable sources, from public lands to supply water 
for fish and wildlife purposes. 
(b) OPERATION AND MAINTENANCE DETERMINATION.—The Sec-
retary shall determine the impact of the works on the cost of 
operation and maintenance and the existing r^ulating and storage 
capacity of the All American Canal and its Coachella Branch. If the 
works result in any added operation and maintenance 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 Secretary shall include 
such costs in the funding agreement for the works. 
(c) CONSTRUCTION AND FUNDING AGREEMENT.—The Secretary, sub-
ject to the provision of section 205 of this title, may enter into an 
agreement or agreements with one or more of the California Con-
tractors for the construction or funding of all or a portion of the 
works authorized in subsection (a) of this section. The Secretary 
shall ensure that such agreement or agreements include provisions 
setting forth— 
(1) the responsibilities of the parties to the s^reement for 
funding and assisting with implementing all the duties of the 
Secretary identified in subsections (a) and (b) of this section; 
(2) the obligation of the Participating Contractors to pay the 
additional costs identified in subsection (b) of this section as a 
result of the works; 
(3) the procedures and requirement for approval and accept- Safety. 
ance by the Secretary of such works, including approval of the 
quality of construction, measures to protect ^ e public health 
and safety, mitigation or replacement, as appropriate, of fish 
and wildlife resources or values, and pnx^ures for operation, 
maintenance, and protection of such works; 
(4) the rights, responsibilities, and liabilities of each party to 
the agreement; 
(5) the term of such agreements which shall not exceed 55 
years and may be renewed if consented to by Imperial Irrigation 
District and Coachella Valley Water District according to their 
respective interests in the conserved water. If the funding 
agreements are not renewed, the Participating Contractors 
shall be compensated by the Imperial Irrigation District or the 
Coachella Valley Water District for their participation in 
the cost of the works. Such compensation shall be equal to the 
replacement value of the works less depreciation. Such depre-
ciated value is to be based upon an engineering analysis by the 
Secretary of the remaining useful life of the works at the 
expiration of the funding agreements; 
(6) the obligation of the Participating Contractors or the 
United States for repair or other corrective action which would 
not have occurred in the absence of the works in the case of 
earthquake or other acts of God; 
(7) the obligation of the Participating Contractors or the 
United States to hold harmless Imperial Irrigation District and 
Coachella Valley Water District for liability to third parties 
102 STAT. 4008 
PUBLIC LAW 100-675—NOV. 17, 1988 
which occurs after the Secretary accepts the works and would 
not have occurred in the absence of the works; and, 
(8) the requirement that the remaining net obligations due 
the United States for construction of the All American Canal 
owed on the date of enactment of this Act be paid by the 
Participating Contractors. 
(d) TITLE TO THE WORKS.—A Participating Contractor shall not 
receive title to any works constructed pursuant to this section by 
virtue of its participation in the funding for the works. Title to all 
such works shall remain with the United States. Upon completion of 
the works and upon request by an All American Canal Contractor 
(City of San Diego, Imperial Irrigation District, or Coachella Valley 
Water District) for transfer of title of the All American Canal, its 
Coachella Branch, and appurtenant structures below Syphon Drop 
(including the works constructed pursuant to this section), the Sec-
retary shall, within 90 days, take such necessary action as the 
Secretary deems appropriate to complete transfer of title to the 
requesting contractor, according to the contractor's respective in-
terest unless the Secretary determines that such transfer would 
impair any existing rights of other All American Canal contractors, 
the rights or obligations of the United States, or would inhibit the 
Secretary's ability to fulfill his responsibility under the Project Act 
or other applicable law. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) No Federal funds are authorized to be appropriated to the 
Secretary for construction of the works described in subsection 
(aXD of this section. 
(2) The Secretary is authorized to receive funds in advance 
from one or more Participating Contractors pursuant to the 
Contributed Funds Act of March 4, 1921 (41 Stat. 1401) under 
terms and conditions acceptable to the Secretary in order to 
carry out the Secretary's responsibilities under subsections (a), 
(b), and (c) of this section. 
SEC. 204. USE OF CONSERVED WATER 
(a) SECRETARIAL DETERMINATION.—The Secretary shall determine 
the quantity of water conserved by the works and may revise such 
determination at reasonable intervals based on such information as 
the Secretary deems appropriate. Such initial determination and 
subsequent revision shall be made in consultation with the Califor-
nia Contractors. 
(b) BENEFICIAL USE IN CAUFORNIA.— 
(1) The water identified in subsection (a) of this section shall 
be made available, subject to the approval requirement estab-
lished in section 203(cX3), for consumptive use by California 
Contractors within their service areas according to their prior-
ities under the Seven Party Agreement. 
(2) If the water identified in subsection (a) of this section is 
used during the term of the funding agreements by (A) a 
California Contractor other than a Participating Contractor, or 
(B) by a Participating Contractor in an amount in excess of its 
proportionate share as measured by the amount of its contrib-
uted funds in relation to the total contributed funds, such 
contractor shall reimburse the Participating Contractors for the 
annualized amounts of their respective contributions which 
funded the conservation of water so used, any added costs of 
operation and maintenance as determined in section 203(b), and 
PUBLIC LAW 100-675—NOV. 17, 1988 
102 STAT. 4009 
related mitigation costs under section 203(aX2). Such reimburse-
ment shall be based on the costs each Participating (Contractor 
incurs in contributing funds and its total contribution, and the 
life of the works. 
SEC 205. IMPLEMENTATION. 
The authorities contained in this title shall take effect upon 
enactment and the Secretary is authorized to proceed with all 
preconstruction activities. For a period not to exceed 15 months 
thereafter, or such additional period as the Secretary and the 
Imperial Irrigation District, the Coachella Valley Water District, 
and the Metropolitan Water District of Southern California may 
agree, the Secretary shall provide to the Imperial Irrigation District 
the opportunity to become the sole Participating Contractor for the 
works on the AU American Canal from Pilot Knob to Drop 4, and 
assume all non-Federal obligations to finance the works. After the 
expiration of the 15-month period or any extension thereto, the 
Secretary is authorized to enter into agreements with the California 
Contractors as provided in section 203(c) of this Act. 
SEC 206. PROTECTION OF EXISTING WATER USES. 
As of the effective date of this Act, any action of the Secretary to 
use, sell, grant, dispose, lease or provide rights-of-way across Federal 
public domain lands located within the All American Canal Service 
Area shall include the following conditions: (1) those lands within 
the boundary of the Imperial Irrigation District as of July 1,1988, as 
shown in Imperial Irrigation District Drawing 7534, excluding Fed-
eral lands without a history of irrigation or other water using 
purposes; (2) those lands within the Imperial Irrigation District 
Service Area as shown on General Map of Imperial Irrigation 
District dated January 1988 (Imperial Irrigation District No. 27F 
0189) with a history of irrigation or other water using purposes; and 
(3) those lands within the Coachella Valley Water District's 
Improvement District No. 1 shall have a priority for irrigation or 
other water using purposes over the lands benefiting firom the action 
of the Secretary: Provided, That rights to use water on lands having 
such priority may be transferred for use on lands having a lower 
priority if such transfer does not deprive other lands with the higher 
priority of Colorado River water that can be put to reasonable and 
beneficial use. 
SEC 207. WATER CONSERVATION STUDY. 
(a) PREPARATION AND TRANSMITTAL.—Any agreement entered into 
pursuant to section 203 between the Secretary and The Metropoli-
tan Water District of Southern (California (hereafter referred to as 
the "District") shall require, prior to the initiation of construction 
but in no case later than two years from the date of enactment of 
this Act, the preparation and transmittal to the Secretary by the 
District of a water conservation study as described in this section, 
together with the conclusions and recommendations of the District. 
(b) PURPOSE.—^The purpose of the study required by this section 
shall be the evaluation of various pricing options within the Dis-
trict's service area, an estimation of demand elasticity for each of 
the principal cat^ories of end use of water within the District's 
service area, and the estimation of the quantity of water saved 
under the various options evaluated. 
102 STAT. 4010 
PUBLIC LAW 100-675—NOV. 17, 1988 
(c) PRICING ALTERNATIVES.—Such study shall include a thorough 
evaluation of all the pricing alternatives, alone and in various 
combinations, that could be employed by the District, including but 
not limited to— 
(1) recovery of all costs through water rates; 
(2) seasonal rate differentials; 
(3) dry year surcharges; 
(4) increasing block rates; and 
(5) marginal cost pricing. 
(d) PuBuc REVIEW AND COMMENT.—Not less than 90 days prior to 
its transmittal to the Secretary, the study, together with the Dis-
trict's preliminary conclusions and recommendations and all 
supporting documentation, shall be available for public review and 
comment, including the transcripts of public hearings which shall be 
held during the course of the study. AH significant comments, and 
the District's response thereto, shall accompany the study transmit-
ted to the Secretary. 
(e) LIMITATION ON INITIATION OF CONSTRUCTION.—Prior to 
the 
initiation of construction, the Secretary shall determine that the 
requirements of this section have been satisfied. Nothing in this 
section shall be deemed to authorize the Secretary to require the 
implementation of any policies or recommendations contained in 
the study. 
SEC. 208. SALTON SEA NATIONAL WILDLIFE REFUGE. 
Reports. 
Within 90 days from the date of enactment of this title, the 
Secretary is directed to prepare and submit a report to the Congress 
which describes the current condition of habitat at the Salton Sea 
National Wildlife Refuge, California. The report shall also— 
(1) assess water quality conditions within the refuge; 
(2) identify actions which could be undertaken to improve 
habitat at the refuge; 
(3) describe the status of wildlife, including waterfowl popu-
lations, and how wildlife populations have fluctuated or other-
wise changed over the past ten years; and 
(4) describe current and future water requirements of the 
refuge, the availability of funds for water purchases, and steps 
which may be necessary to acquire additional water supplies, if 
needed. 
SEC. 209. RELATION TO RECLAMATION LAW. 
No contract or agreement entered into pursuant to this title shall 
be deemed to be a new or amended'contract for the purposes of 
PUBLIC LAW 100-675—NOV. 17, 1988 
102 STAT. 4011 
section 203(a) of the Reclamation Reform Act of 1982 (Public Law 
97-293, 96 Stat. 1263). 
Approved November 17, 1988. 
LEGISLATIVE HISTORY—S. 795: 
HOUSE REPORTS: No. 100-780 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-47 and No. 100-254 (both from Select Comm. on Indian 
Affairs). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Dec. 19, considered and passed Senate. 
Vol. 134 (1988): Oct. 3, 4, considered and passed House, amended. 
Oct. 19, Senate concurred in House amendment with an 
amendment. 
Oct. 20, House concurred in Senate amendment.