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Colorado River Indian Tribes Water Resiliency Act of 2022

USA117th CongressS-3308| Senate 
| Updated: 1/5/2023
Mark Kelly

Mark Kelly

Democratic Senator

Arizona

Cosponsors (3)
Dianne Feinstein (Democratic)Alex Padilla (Democratic)Kyrsten Sinema (Independent)

Indian Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Colorado River Indian Tribes Water Resiliency Act of 2022 This act authorizes the Colorado River Indian tribes (CRIT) to enter into agreements for the transfer or storage of a portion of its water allocation to be used in other locations in Arizona. The CRIT include four Indian tribes—the Mohave, Chemehuevi, Hopi, and Navajo. The reservation is located along the Colorado River in both Arizona and California. (Sec. 4) The CRIT is authorized to enter into an agreement to lease or exchange a portion of the CRIT's consumptive use of water for use off the reservation if the receiving facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of a lease under this section must not exceed 100 years. (Sec. 5) The CRIT is authorized to enter into a storage agreement, including with the Arizona Water Banking Authority, for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under this act, at one or more underground storage facilities or groundwater savings facilities off the reservation if the facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. (Sec. 6) The CRIT is authorized to enter into an agreement for water conservation or other methods for voluntarily leaving a portion of the CRIT reduced consumptive use in Lake Mead, which is located in Arizona and Nevada. If the conserved water is delivered, the delivery must be located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of an agreement under this section must not exceed 100 years. (Sec. 7) This section grants authority to the Department of the Interior to approve or disapprove of an agreement under this act. Interior is also authorized to enter into agreements with CRIT under this act, provided Interior pays fair market value for the reduced consumptive use. Among other requirements, Interior must ensure that water agreements under this act do not permanently alienate any portion of the CRIT water allocation. (Sec. 8) Interior, when approving an agreement under this act, must ensure that such agreement complies with the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and other federal environmental laws. (Sec. 9) The CRIT must enter into an agreement with the state of Arizona prior to entering into an agreement under this act. The agreement with Arizona must outline all notice, information sharing, and collaboration requirements. (Sec. 10) Interior must enter into an agreement with the state of Arizona and the CRIT describing the procedural, technical, and accounting methodologies for an agreement under this act. (Sec. 11) This section reserves the CRIT's allocated water rights, including by ensuring that no agreement reduces or limits the right of the CRIT to use the remaining portion of their allocation. (Sec. 12) This section prohibits an agreement under this act from interfering with an allottee's water rights. (Sec. 13) This section establishes that the CRIT is entitled to all consideration from an agreement under this act. (Sec. 14) The United States has limited liability against claims under this act, except for those relating to the above environmental requirements.

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Timeline
Dec 2, 2021
Introduced in Senate
Dec 2, 2021
Read twice and referred to the Committee on Indian Affairs.
Mar 23, 2022
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.
Nov 16, 2022
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Dec 19, 2022
Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.
Dec 19, 2022
Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.
Dec 19, 2022
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Dec 19, 2022
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7287-7288; text of amendment in the nature of a substitute: CR S7287-7288)
Dec 20, 2022
Message on Senate action sent to the House.
Dec 21, 2022
Received in the House.
Dec 21, 2022
Held at the desk.
Dec 21, 2022
Mrs. Peltola moved to suspend the rules and pass the bill.
Dec 21, 2022
Considered under suspension of the rules. (consideration: CR H9939-9941)
Dec 21, 2022
DEBATE - The House proceeded with forty minutes of debate on S. 3308.
Dec 21, 2022
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Dec 22, 2022
Considered as unfinished business. (consideration: H9980-9981)
Dec 22, 2022
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 397 - 12 (Roll no. 538). (text: CR H9939-9941)
View Vote
Dec 22, 2022
Motion to reconsider laid on the table Agreed to without objection.
Dec 22, 2022
By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-286.
Dec 28, 2022
Presented to President.
Jan 5, 2023
Signed by President.
Jan 5, 2023
Became Public Law No: 117-343.
  • December 2, 2021
    Introduced in Senate


  • December 2, 2021
    Read twice and referred to the Committee on Indian Affairs.


  • March 23, 2022
    Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.


  • November 16, 2022
    Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • December 19, 2022
    Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.


  • December 19, 2022
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.


  • December 19, 2022
    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.


  • December 19, 2022
    Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7287-7288; text of amendment in the nature of a substitute: CR S7287-7288)


  • December 20, 2022
    Message on Senate action sent to the House.


  • December 21, 2022
    Received in the House.


  • December 21, 2022
    Held at the desk.


  • December 21, 2022
    Mrs. Peltola moved to suspend the rules and pass the bill.


  • December 21, 2022
    Considered under suspension of the rules. (consideration: CR H9939-9941)


  • December 21, 2022
    DEBATE - The House proceeded with forty minutes of debate on S. 3308.


  • December 21, 2022
    At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.


  • December 22, 2022
    Considered as unfinished business. (consideration: H9980-9981)


  • December 22, 2022
    On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 397 - 12 (Roll no. 538). (text: CR H9939-9941)
    View Vote


  • December 22, 2022
    Motion to reconsider laid on the table Agreed to without objection.


  • December 22, 2022
    By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-286.


  • December 28, 2022
    Presented to President.


  • January 5, 2023
    Signed by President.


  • January 5, 2023
    Became Public Law No: 117-343.

Transportation and Public Works

Related Bills

  • HR 117-5118: Wildfire Response and Drought Resiliency Act
Indian lands and resources rights

Colorado River Indian Tribes Water Resiliency Act of 2022

USA117th CongressS-3308| Senate 
| Updated: 1/5/2023
Colorado River Indian Tribes Water Resiliency Act of 2022 This act authorizes the Colorado River Indian tribes (CRIT) to enter into agreements for the transfer or storage of a portion of its water allocation to be used in other locations in Arizona. The CRIT include four Indian tribes—the Mohave, Chemehuevi, Hopi, and Navajo. The reservation is located along the Colorado River in both Arizona and California. (Sec. 4) The CRIT is authorized to enter into an agreement to lease or exchange a portion of the CRIT's consumptive use of water for use off the reservation if the receiving facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of a lease under this section must not exceed 100 years. (Sec. 5) The CRIT is authorized to enter into a storage agreement, including with the Arizona Water Banking Authority, for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under this act, at one or more underground storage facilities or groundwater savings facilities off the reservation if the facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. (Sec. 6) The CRIT is authorized to enter into an agreement for water conservation or other methods for voluntarily leaving a portion of the CRIT reduced consumptive use in Lake Mead, which is located in Arizona and Nevada. If the conserved water is delivered, the delivery must be located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of an agreement under this section must not exceed 100 years. (Sec. 7) This section grants authority to the Department of the Interior to approve or disapprove of an agreement under this act. Interior is also authorized to enter into agreements with CRIT under this act, provided Interior pays fair market value for the reduced consumptive use. Among other requirements, Interior must ensure that water agreements under this act do not permanently alienate any portion of the CRIT water allocation. (Sec. 8) Interior, when approving an agreement under this act, must ensure that such agreement complies with the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and other federal environmental laws. (Sec. 9) The CRIT must enter into an agreement with the state of Arizona prior to entering into an agreement under this act. The agreement with Arizona must outline all notice, information sharing, and collaboration requirements. (Sec. 10) Interior must enter into an agreement with the state of Arizona and the CRIT describing the procedural, technical, and accounting methodologies for an agreement under this act. (Sec. 11) This section reserves the CRIT's allocated water rights, including by ensuring that no agreement reduces or limits the right of the CRIT to use the remaining portion of their allocation. (Sec. 12) This section prohibits an agreement under this act from interfering with an allottee's water rights. (Sec. 13) This section establishes that the CRIT is entitled to all consideration from an agreement under this act. (Sec. 14) The United States has limited liability against claims under this act, except for those relating to the above environmental requirements.

Bill Text Versions

View Text
5 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Dec 2, 2021
Introduced in Senate
Dec 2, 2021
Read twice and referred to the Committee on Indian Affairs.
Mar 23, 2022
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.
Nov 16, 2022
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Dec 19, 2022
Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.
Dec 19, 2022
Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.
Dec 19, 2022
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Dec 19, 2022
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7287-7288; text of amendment in the nature of a substitute: CR S7287-7288)
Dec 20, 2022
Message on Senate action sent to the House.
Dec 21, 2022
Received in the House.
Dec 21, 2022
Held at the desk.
Dec 21, 2022
Mrs. Peltola moved to suspend the rules and pass the bill.
Dec 21, 2022
Considered under suspension of the rules. (consideration: CR H9939-9941)
Dec 21, 2022
DEBATE - The House proceeded with forty minutes of debate on S. 3308.
Dec 21, 2022
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Dec 22, 2022
Considered as unfinished business. (consideration: H9980-9981)
Dec 22, 2022
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 397 - 12 (Roll no. 538). (text: CR H9939-9941)
View Vote
Dec 22, 2022
Motion to reconsider laid on the table Agreed to without objection.
Dec 22, 2022
By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-286.
Dec 28, 2022
Presented to President.
Jan 5, 2023
Signed by President.
Jan 5, 2023
Became Public Law No: 117-343.
  • December 2, 2021
    Introduced in Senate


  • December 2, 2021
    Read twice and referred to the Committee on Indian Affairs.


  • March 23, 2022
    Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.


  • November 16, 2022
    Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • December 19, 2022
    Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.


  • December 19, 2022
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.


  • December 19, 2022
    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.


  • December 19, 2022
    Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7287-7288; text of amendment in the nature of a substitute: CR S7287-7288)


  • December 20, 2022
    Message on Senate action sent to the House.


  • December 21, 2022
    Received in the House.


  • December 21, 2022
    Held at the desk.


  • December 21, 2022
    Mrs. Peltola moved to suspend the rules and pass the bill.


  • December 21, 2022
    Considered under suspension of the rules. (consideration: CR H9939-9941)


  • December 21, 2022
    DEBATE - The House proceeded with forty minutes of debate on S. 3308.


  • December 21, 2022
    At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.


  • December 22, 2022
    Considered as unfinished business. (consideration: H9980-9981)


  • December 22, 2022
    On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 397 - 12 (Roll no. 538). (text: CR H9939-9941)
    View Vote


  • December 22, 2022
    Motion to reconsider laid on the table Agreed to without objection.


  • December 22, 2022
    By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-286.


  • December 28, 2022
    Presented to President.


  • January 5, 2023
    Signed by President.


  • January 5, 2023
    Became Public Law No: 117-343.
Mark Kelly

Mark Kelly

Democratic Senator

Arizona

Cosponsors (3)
Dianne Feinstein (Democratic)Alex Padilla (Democratic)Kyrsten Sinema (Independent)

Indian Affairs Committee

Transportation and Public Works

Related Bills

  • HR 117-5118: Wildfire Response and Drought Resiliency Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Indian lands and resources rights