Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act

This bill aims to settle long-standing water rights claims of the Agua Caliente Band of Cahuilla Indians in California. It establishes and quantifies the Tribe's water rights, creates a framework for water management and infrastructure development, and provides funding mechanisms to support tribal water projects. The legislation seeks to resolve potential litigation, provide certainty for water rights in the region, and support the Tribe's economic development while ensuring environmental protections are maintained.

The bill recognizes and quantifies the Agua Caliente Band's water rights, including a Tribal Water Right of up to 20,000 acre-feet per year of groundwater. It establishes the Agua Caliente Settlement Trust Fund with multiple accounts to support water projects, infrastructure, and management. The legislation authorizes the Tribe to impose water-related fees and taxes, subject to certain conditions. It provides for land transfers to be held in trust for the Tribe and conveys some federal land to local water districts. The bill includes waivers and releases of claims by the Tribe and the United States related to water rights, with some exceptions. It requires compliance with federal environmental laws and establishes procedures for protecting Tribal cultural resources discovered during water-related activities.

The Secretary of the Interior is responsible for implementing many provisions of the bill, including approving the Tribe's water ordinance amendments, managing the Settlement Trust Fund, and overseeing land transfers. The Tribe is required to develop management and expenditure plans for approval by the Secretary. The Coachella Valley Water District and Desert Water Agency have obligations related to water management and infrastructure development. The bill establishes an enforceability date contingent on various actions being completed, including appropriation of funds, approval of the agreement, and execution of waivers and releases. Annual reporting requirements are imposed on the Tribe for expenditures from the Settlement Trust Fund.

The primary beneficiary of this legislation is the Agua Caliente Band of Cahuilla Indians, who gain recognized water rights, funding for water projects, and expanded authority over water management on their lands. The bill authorizes significant appropriations, including $300 million for the Agua Caliente Development Projects Account and additional funds for other water-related accounts. Local water agencies benefit from increased certainty regarding water rights and potential infrastructure improvements. The administrative burden falls primarily on the Department of the Interior and the Tribe, with new management and reporting requirements. Expected outcomes include improved water infrastructure, more efficient water management in the region, and reduced potential for future litigation over water rights.

The bill is grounded in the federal government's trust responsibility to Native American tribes and its authority to settle Indian water rights claims. It interacts with and partially preempts state water law, asserting that the Tribal Water Right is not subject to state law except in limited circumstances. The legislation explicitly preempts certain state and local taxes on tribal lands when replaced by tribal taxes. It preserves the application of federal environmental laws and regulations. The bill provides for limited waivers of sovereign immunity to allow enforcement of certain provisions in federal court. It does not explicitly address judicial review provisions for most of its components, potentially leaving such matters to existing administrative and judicial review frameworks.

Implementation challenges may arise from the complex interplay between tribal, federal, state, and local authorities in water management. The significant appropriations required may face opposition in a budget-conscious Congress. There may be concerns about the impact on state water rights systems and non-tribal water users in the region. The bill's interaction with state tax systems and potential revenue impacts on local governments could be contentious. Environmental groups may scrutinize the bill's impact on water resources and ecosystems in the already stressed Coachella Valley. The complexity of the settlement and its many interlocking provisions could lead to disputes over interpretation and implementation, potentially resulting in future litigation despite the bill's aim to resolve conflicts.