Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act
- Bill Number
- S. 4368
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Native Americans
- Status
- Introduced
- Latest Action
- 2026-04-22: Read twice and referred to the Committee on Indian Affairs. (Sponsor introductory remarks on measure: CR S1937)
- Last Updated
- 2026-06-16T15:01:23Z
AI-Generated Summary
Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act (S. 4368)
Purpose
This legislation aims to provide a fair, equitable, and final settlement of all 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 Indian landowners, known as allottees) in California. It resolves related disputes over water fees, taxes, and litigation, while ratifying a settlement agreement among the Tribe, Coachella Valley Water District (CVWD), and Desert Water Agency (DWA). The Act authorizes funding, land transfers, and actions by the Secretary of the Interior to implement the agreement.
Key Provisions
- Ratification of Agreement: Authorizes and confirms the "Agua Caliente Band of Cahuilla Indians Water Rights Settlement Agreement" (dated May 19, 2025), with any amendments needed for consistency; requires the Secretary to execute it.
- Tribal Water Right:
- Confirms a right to 20,000 acre-feet per year (AFY) (a measure of water volume) of groundwater in the Indio Subbasin, with priority dating to 1876–1877 (senior to water districts' rights).
- Held in trust by the U.S.; no loss through non-use or forfeiture.
- Tribe can use, allocate to allottees, lease (up to 99 years off-reservation with approval), reuse water, and impose its own fees (preempting state "replenishment assessment charges" or RAC).
- Protects allottees' irrigation rights; requires Tribal water ordinance amendments with Secretary approval.
- Settlement Trust Fund: Establishes a fund with four accounts totaling $500 million (mandatory appropriations, adjustable for inflation/costs):
| Account | Amount | Uses | |---------|--------|------| | Development Projects | $300M | Water supply/reliability projects, infrastructure, recycling. | | Groundwater Augmentation | $100M | Reimburse water districts for basin replenishment. | | Water Management | $50M | Administer Tribal water right. | | Operations, Maintenance, Replacement | $50M | Maintain Tribal water projects. |
- Tribe can withdraw funds via approved plans; no per capita distributions.
- Waivers and Releases: Tribe and U.S. (as trustee) waive claims against water districts and each other related to water rights, damages, overdraft, fees, and litigation up to the enforceability date (retaining rights for enforcement, water quality, etc.).
- Taxes and Fees: Preempts Riverside County property tax on tribal "possessory interests" (long-term leases/rights on tribal land); authorizes equivalent Tribal tax, with distributions to local agencies.
- Land Transfers:
- ~2,742 acres of federal land into trust for the Tribe (no gaming allowed).
- ~842 acres (Facility Land) sold to CVWD at fair market value for water recharge.
- Enforceability Date: Effective when Secretary publishes findings (agreement executed, funds appropriated, court decree entered); Act expires by 2035 if not met, voiding actions.
- Environmental and Other: Requires compliance with federal laws (e.g., NEPA, Endangered Species Act); protects cultural resources.
Significant Changes to Existing Law
- Quantifies and Prioritizes Water Rights: Establishes a fixed, senior tribal groundwater right, superseding state/local fees (RAC) and county taxes on tribal lands.
- Preempts State/Local Authority: Overrides conflicting state laws on water fees, taxes, and jurisdiction over tribal water (except in full basin adjudication).
- Authorizes Tribal Sovereignty: Permits Tribe to impose its own production fees, water delivery charges, and taxes; delegates possible tax collection to county.
- Land Status: Overrides protections under California Desert Protection Act and Santa Rosa Mountains Act to transfer lands into trust.
Potential Impacts
- Government Agencies: Secretary of Interior manages trust fund/water right, executes transfers; Bureau of Land Management handles land withdrawals; water districts gain litigation resolution, land, and continued domestic water service on reservation.
- Citizens/Tribe/Allottees: Secures reliable water supply, funding for infrastructure, protects allottee irrigation; ends uncertainty from ongoing lawsuits (Agua Caliente Litigation).
- Local Communities: Riverside County/other agencies receive equivalent tax revenues; supports regional water reliability in water-scarce Indio Subbasin.
- No International Relations Impact: Purely domestic (U.S.-tribal-state water settlement).
Main Stakeholders Affected
- Agua Caliente Band of Cahuilla Indians (primary beneficiary: water security, funding, land, tax authority).
- Allottees (individual tribal landowners: protected water access).
- Coachella Valley Water District (CVWD) and Desert Water Agency (DWA) (litigation settled, infrastructure funded, land acquired).
- U.S. Government (Department of Interior: trust duties resolved; Treasury: $500M funding).
- Riverside County and Other Local Agencies (tax revenue maintained via tribal distributions).
- Tribal Members (indirect benefits via tribal projects; no per capita payouts).
Notable Legal, Constitutional, or Political Implications
- Tribal Sovereignty and Trust Responsibility: Affirms federal plenary power over Indian water rights (held in trust); balances tribal authority with U.S. oversight (e.g., ordinance approvals, allottee protections under 1887 Act).
- Preemption and Immunity: Limited waivers of sovereign immunity for enforcement; tolls statutes of limitations during settlement.
- No Precedent: Explicitly avoids setting standards for other tribes' water claims.
- Litigation Closure: Ends federal lawsuits, promoting certainty in arid region's water management.
- Constitutional Neutrality: Complies with appropriations clause (mandatory funding with antideficiency protection); no gaming on new lands preserves IGRA limits.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Schiff, Adam B. [D-CA], Sen. Sullivan, Dan [R-AK]
Recent Actions
- 2026-04-22: Read twice and referred to the Committee on Indian Affairs. (Sponsor introductory remarks on measure: CR S1937)
- 2026-04-22: Introduced in Senate
Bill Versions
- Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act — issued 2026-04-22 — PDF (71 pages)