Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act
- Sponsor
- Rep. Calvert, Ken [R-CA-41]
- Committees
- Natural Resources Committee (primary)
- Last action
- Sep 10, 2026
Bottom line
This legislation aims to provide a fair, equitable, and final resolution to long-standing water rights claims for the Agua Caliente Band, ensuring water security and economic development for the Tribe while bringing certainty to regional water management.
What it actually does
This bill ratifies a comprehensive settlement agreement resolving the water rights claims of the Agua Caliente Band of Cahuilla Indians in California's Indio Subbasin. It quantifies the Tribe's water rights, establishes a federal trust fund with $500 million for water-related projects and management, authorizes the Tribe to levy water-related fees and a possessory interest tax, and facilitates the transfer of federal lands into trust for the Tribe while conveying other federal land to the Coachella Valley Water District.
Proponents argue
Proponents argue that the bill provides a fair, equitable, and final settlement of complex and long-standing water rights claims, avoiding costly and protracted litigation. They contend it ensures water security for the Tribe, supports economic development on the Reservation, and provides certainty for water management in the Indio Subbasin for all parties. The bill's significant federal funding is seen as fulfilling federal trust responsibilities and investing in critical water infrastructure.
Opponents contend
The provided bill text does not explicitly detail opposition arguments. However, potential critics might raise concerns regarding the substantial federal financial commitment, the preemption of local taxing authority, or the transfer of federal lands, arguing about the fiscal implications or potential impacts on existing land use and governance structures.
The bill is moderately complex due to its detailed legal definitions, intergovernmental agreements, and specific land descriptions, requiring careful reading to understand its full implications.
Sec. 4
Ratification of Water Rights Settlement Agreement
This section formally approves and confirms the "Agua Caliente Band of Cahuilla Indians Water Rights Settlement Agreement" (dated May 19, 2025) between the Tribe, Coachella Valley Water District (CVWD), Desert Water Agency (DWA), and the United States. It directs the Secretary of the Interior to execute the agreement and ensures compliance with environmental laws during implementation, with costs primarily covered by the Tribe's settlement trust fund.
Supporters argue
Supporters argue that ratifying the agreement is crucial for resolving decades of litigation, providing legal certainty for water management in the region, and fostering cooperative relationships between the Tribe and water districts.
Critics contend
No specific opposition is typically raised against the ratification of a negotiated settlement agreement once terms are finalized, especially if it avoids prolonged litigation.
Tradeoffs
The tradeoff involves the federal commitment to the settlement terms and funding in exchange for resolving complex and potentially costly water rights litigation.
Sec. 5
Confirmation and Quantification of Tribal Water Right
This section confirms the Tribe's water right to produce and use up to 20,000 acre-feet per year (AFY) of Groundwater in the Indio Subbasin, with a priority date no later than 1876-1877. It specifies that this right is held in trust by the United States, is not subject to State law (except in comprehensive adjudication), and cannot be lost through non-use. The Tribe is granted authority to use this water on and off the Reservation, subject to Secretarial approval for off-Reservation use.
Sec. 5(g)
Tribal Authority to Levy Water-Related Fees and Preemption of RAC
This section preempts the Coachella Valley Water District's (CVWD) and Desert Water Agency's (DWA) replenishment assessment charge (RAC) on the Tribal Water Right. It authorizes the Tribe to impose its own Tribal Production Fee on Groundwater, a Tribal Water Fee on Reservation Customers receiving Domestic Water, and a Tribal Water Delivery Charge, all governed by Tribal Law and the Agreement.
Sec. 6
Establishment and Management of Agua Caliente Settlement Trust Fund
Establishes the "Agua Caliente Settlement Trust Fund" with four accounts: Development Projects, Groundwater Augmentation, Water Management, and Operation, Maintenance, and Replacement Costs. These funds are to be managed by the Secretary of the Interior and made available to the Tribe for water-related projects, groundwater reimbursement, and water management, subject to Tribal management or expenditure plans.
Sec. 7
Mandatory Appropriations for Settlement Trust Fund
Mandates the appropriation of $500,000,000 from the Treasury to the Agua Caliente Settlement Trust Fund, allocated across the four accounts: $300M for Development Projects, $100M for Groundwater Augmentation, $50M for Water Management, and $50M for O&M Costs. These amounts are subject to adjustment based on the Bureau of Reclamation Construction Cost Index.
Sec. 11
Preemption of Riverside County Ad Valorem Property Tax and Tribal Tax Authority
This section preempts the Riverside County Ad Valorem Property Tax on Possessory Interests within the Reservation when the Tribe imposes its own Tribal Possessory Interest Tax. The Tribal Tax rate cannot be lower than the county's rate, and the Tribe must distribute proceeds to other public agencies that would have received county tax revenue. The Tribe can delegate collection to Riverside County via intergovernmental agreement.
Sec. 12
Transfer of Federal Lands into Trust for the Tribe
Directs the transfer of approximately 2,742 acres of specified Bureau of Land Management (BLM) lands into trust for the Agua Caliente Band, making them part of the Reservation. These transfers are subject to existing rights and certain environmental acts, and the lands are withdrawn from public land laws, mining laws, and mineral leasing.
Sec. 13
Conveyance of Whitewater River Recharge Facility Land to CVWD
Authorizes the Secretary of the Interior to convey approximately 842.4 acres of federal land, known as the "Facility Land" (where the Whitewater River Recharge Facility is located), to the Coachella Valley Water District (CVWD) at fair market value. The conveyance is contingent on CVWD's offer to acquire the land within 30 days of appraisal completion. The section also includes provisions for the protection of Tribal Cultural Resources on the Facility and Adjacent Lands.
States the intent of Congress to provide Allottees with benefits that are equivalent to, or exceed, the benefits they possess on the day before the enactment of this Act, considering litigation risks, funding, water availability, and existing protections.
Sec. 5(b)
Why it matters:Standard legislative practice to provide interpretive guidance without creating new explicit rights or obligations that could complicate the settlement. Its placement ensures it is considered in the context of the overall water right.
Case for: Supporters would argue this ensures Allottee interests are explicitly considered and protected within the broader tribal settlement, addressing potential concerns about individual rights being subsumed.
Case against: Critics might argue that "intent of Congress" statements are not legally binding and may not provide sufficient protection for Allottee rights if conflicts arise, potentially leading to future disputes.
Estimated impact: Potentially significant for Allottees, as it guides the Secretary's actions and the Tribe's Water Ordinance amendments (Sec. 5(i)), ensuring their water access is maintained or improved.
The Tribe waives a broad range of claims against the United States, including those related to water rights, foregone benefits, damages from water loss, water quality degradation (under certain conditions), and failures of CVWD/DWA to deliver water or comply with agreements, all arising before the Enforceability Date.
Sec. 9(c)
Why it matters:Standard practice in settlement agreements to clearly delineate the scope of claims being released in exchange for the settlement benefits. The length and detail can make it seem like fine print, but it's crucial for legal finality.
Case for: Supporters argue this comprehensive waiver is essential for the United States to agree to the settlement, providing finality and protecting the federal government from future litigation over past actions or inactions related to the Tribe's water rights.
Case against: Critics might argue that such broad waivers could limit the Tribe's ability to seek redress for unforeseen issues or future federal missteps, potentially undermining the long-term protection of tribal interests.
Estimated impact: Eliminates potential federal liability for a wide array of historical claims, potentially saving billions in future litigation and damages.
States that the United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act.
Sec. 15
Why it matters:Standard legislative practice to include an antideficiency clause, protecting the federal government from liability for unfunded mandates or obligations. Its placement is typical for such general administrative provisions.
Case for: Supporters would argue this is a necessary fiscal safeguard, ensuring that federal obligations are tied to actual appropriations and preventing the creation of open-ended liabilities.
Case against: Critics might argue that this clause weakens the federal commitment to the settlement, potentially leaving the Tribe vulnerable if Congress fails to appropriate the promised funds, despite the "mandatory appropriations" language in Sec. 7.
Estimated impact: Shifts the risk of non-appropriation from the federal government to the Tribe, potentially impacting the full implementation of the settlement if funds are not provided.