Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act
- Bill Number
- H.R. 5935
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Native Americans
- Status
- Introduced
- Latest Action
- 2025-11-07: Referred to the House Committee on Natural Resources.
- Last Updated
- 2026-01-21T09:05:33Z
AI-Generated Summary
Purpose
The Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act (H.R. 5935) aims to achieve a fair and final settlement of water rights claims by the Agua Caliente Band of Cahuilla Indians (the Tribe) and the United States (acting as trustee for the Tribe and individual landholders known as Allottees) in California. It resolves related disputes over water fees, taxes on property interests, and ongoing litigation. The Act ratifies a settlement agreement among the Tribe, the Coachella Valley Water District (CVWD), and the Desert Water Agency (DWA); authorizes federal funding and actions to implement the agreement; and facilitates land transfers to support water management and tribal sovereignty.
Key Provisions
- Ratification of Settlement Agreement: The Act authorizes and confirms the "Agua Caliente Band of Cahuilla Indians Water Rights Settlement Agreement" (dated May 19, 2025), including any amendments needed for consistency. The Secretary of the Interior must execute it and ensure compliance with federal environmental laws like the National Environmental Policy Act and Endangered Species Act.
- Tribal Water Rights:
- Confirms the Tribe's right to produce and use up to 20,000 acre-feet per year (AFY) of groundwater in the Indio Subbasin, with a priority date of 1876–1877 (making it senior to other local claims).
- Held in trust by the United States; not subject to loss by non-use or state jurisdiction (except in a full groundwater adjudication).
- Allows tribal use on or off the reservation (with Secretary approval for off-reservation use, up to 99-year leases), reuse of water, and traditional/cultural uses without counting toward the limit.
- Includes surface water rights from specific creeks and ranch lands, plus rights to store imported water.
- Requires the Tribe to amend its water management rules (with Secretary approval) to ensure fair allocation to Allottees (individual tribal landholders) for irrigation and other needs.
- Funding and Trust Fund:
- Establishes the Agua Caliente Settlement Trust Fund with four accounts: Development Projects ($300 million), Groundwater Augmentation ($100 million), Water Management ($50 million), and Operation/Maintenance/Replacement ($50 million).
- Provides mandatory appropriations from the U.S. Treasury, adjustable for inflation and construction costs.
- Funds support water infrastructure improvements, reimbursements to water districts, administration, and maintenance; the Tribe can withdraw funds via approved plans, but no per-capita distributions to members.
- $50 million available immediately for initial projects.
- Waivers and Releases of Claims:
- The Tribe, United States (as trustee for Tribe and Allottees), and water districts mutually waive claims related to water rights, damages from overdraft or fees, and litigation up to the "Enforceability Date" (when all conditions like funding and court approval are met).
- Retains rights to enforce the agreement, environmental claims (e.g., under Clean Water Act), and protections against misconduct.
- Tolls (pauses) statutes of limitations on claims during implementation.
- Taxes and Fees:
- Preempts (overrides) Riverside County's property tax on "possessory interests" (long-term rights to use tribal land) when the Tribe imposes its own equivalent tax; requires distributions to local agencies mirroring what they would receive otherwise.
- Authorizes tribal fees on groundwater production, water delivery, and service to reservation users; exempts tribal water from local "replenishment assessment charges" (fees for aquifer recharge).
- Land Transfers:
- Transfers about 2,742 acres of federal land (managed by Bureau of Land Management) into trust for the Tribe as part of the reservation, overriding some desert protection laws; no gaming allowed on these lands.
- Conveys approximately 842 acres (Facility Land) to CVWD at fair market value for water recharge operations, with protections for tribal cultural resources (e.g., halting work on discoveries and involving the Tribe in decisions).
- Implementation and Enforcement:
- Enforceability Date triggers full effect; Act expires by 2035 if not met (reverting funds and voiding actions).
- Secretary administers allottee rights temporarily until tribal rules are approved; limited waiver of U.S. sovereign immunity for compliance enforcement.
- No precedential effect on other tribes' water claims.
Significant Changes to Existing Law
- Water Rights Quantification: Establishes a fixed, senior groundwater right for the Tribe, resolving uncertainties from litigation (e.g., Agua Caliente Band v. Coachella Valley Water District); protects against forfeiture and state control, altering prior reliance on federal reserved water rights doctrines.
- Tax Preemption: Overrides state and local property taxes on tribal lands for possessory interests, shifting authority to the Tribe while ensuring revenue sharing; introduces tribal taxing power in lieu of county taxes, a departure from standard California ad valorem (value-based) taxation.
- Fee Exemptions and Authorizations: Exempts tribal water use from local replenishment fees; newly allows tribal-specific fees on water production and delivery, preempting conflicting state water district laws.
- Land Management Overrides: Bypasses restrictions in the California Desert Protection Act (1994) and Santa Rosa and San Jacinto Mountains National Monument Act (2000) for trust transfers, facilitating tribal expansion without full environmental planning under the Federal Land Policy and Management Act.
Potential Impacts
- Government Agencies: The Department of the Interior gains trust responsibilities for water rights and lands, with funding obligations ($500 million total) straining budgets but resolving litigation costs. Water districts (CVWD, DWA) benefit from settled disputes, land acquisition, and reimbursements for aquifer projects, improving regional water reliability. Riverside County and other local agencies maintain tax revenue flows via distributions but lose direct taxing authority.
- Citizens and Tribe: Secures reliable water for ~500 tribal members and allottees, funding infrastructure to combat overdraft in the arid Indio Subbasin (affecting broader Coachella Valley agriculture and urban use). Allottees gain protected irrigation access; non-tribal water users may see stabilized supplies but face indirect costs from fee shifts.
- International Relations: No direct impacts; focuses on domestic water and land issues in California.
Main Stakeholders Affected
- Agua Caliente Band of Cahuilla Indians: Primary beneficiary, gaining quantified water rights, funding for projects, taxing authority, and ~2,742 acres of trust land to enhance sovereignty and water security.
- Allottees: Individual tribal landholders protected by ensured water allocations and federal oversight.
- United States (as Trustee): Bears implementation duties, funding, and liability limits.
- Coachella Valley Water District (CVWD) and Desert Water Agency (DWA): Resolve claims, acquire land for recharge, and receive augmentation funding, but waive damages suits.
- Riverside County and Other Local Agencies: Retain tax equivalents via distributions but subject to tribal administration or delegation.
- Broader Community: Farmers, residents, and businesses in the Indio Subbasin affected by improved groundwater management and potential fee adjustments.
Notable Legal, Constitutional, or Political Implications
- Legal: Limits state jurisdiction over tribal water (preempting local laws), enforces waivers via federal court, and tolls claim deadlines to facilitate settlement; ensures environmental compliance but exempts agreement execution from full NEPA review. Introduces enforceable intergovernmental agreements for tax delegation.
- Constitutional: Upholds federal trust obligations to tribes under treaties and the Indian Commerce Clause by confirming senior water rights and land trusts; balances tribal sovereignty with allottee protections under the 1887 Dawes Act (ensuring equitable water distribution).
- Political: Ends decades of litigation (e.g., since 2013), promoting cooperative water governance in a water-scarce region amid climate pressures; signals congressional support for tribe-state settlements without setting broad precedents, potentially influencing similar disputes elsewhere but emphasizing this as unique to Agua Caliente.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-11-07: Referred to the House Committee on Natural Resources.
- 2025-11-07: Introduced in House
- 2025-11-07: Introduced in House
Bill Versions
- Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act — issued 2025-11-07 — PDF (71 pages)