United States 117th Congress ✓ Enacted · P.L. 117-343 Bipartisan · 3 D · 1 I cosponsors

S 3308 — Colorado River Indian Tribes Water Resiliency Act of 2022

Last action — Became Public Law No: 117-343.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 02, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 I) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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

What changed in the latest version

114 added · 112 removed

Plain-language change summary

The changes to the bill clarify the definitions of "agreement for conserved water" and "allottee" but do not substantially alter their content. They affirm that any verified reduction in consumptive use, related to various agreements, will be considered a consumptive use in the year it happens, as long as it is noted in the Water Accounting Report. This could impact how water conservation efforts and usage are tracked and reported within the Colorado River Indian Tribes' territory.

→
Previous
Latest
[Congressional Bills 117th Congress] [From the U.S.
[117th Congress Public Law 343] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 6185]] COLORADO RIVER INDIAN TRIBES WATER RESILIENCY ACT OF 2022 [[Page 136 STAT.
3308 Engrossed in Senate (ES)] <DOC> 117th CONGRESS 2d Session S.
6186]] Public Law 117-343 117th Congress An Act To authorize the Colorado River Indian Tribes to enter into lease or exchange agreements and storage agreements relating to water of the Colorado River allocated to the Colorado River Indian Tribes, and for other purposes.
3308 _______________________________________________________________________ AN ACT To authorize the Colorado River Indian Tribes to enter into lease or exchange agreements and storage agreements relating to water of the Colorado River allocated to the Colorado River Indian Tribes, and for other purposes.
<<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Jan.
5, 2023 - [S.
3308]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Colorado River Indian Tribes Water Resiliency Act of 2022.>> SECTION 1.
(5) CRIT.--The term ``CRIT'' means the Colorado River Indian Tribes, a federally recognized Indian Tribe.
[[Page 136 STAT.
6187]] (5) CRIT.--The term ``CRIT'' means the Colorado River Indian Tribes, a federally recognized Indian Tribe.
(c) Modifications.--Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 7(a), subject to the condition that the term of the renegotiated lease or exchange agreement does not exceed years.
(c) Modifications.--Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 7(a), subject to [[Page 136 STAT.
6188]] the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years.
177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 7(a), and has the sole authority, to enter into an agreement, including with the Arizona Water Banking Authority (or a successor agency or entity), for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under section 4, at or more underground storage facilities or groundwater savings facilities off the Reservation (referred to in this Act as a ``storage agreement''), subject to the conditions that the facility is located in the Lower Basin in the State and is not located in the counties of Navajo, Apache, or Cochise in the State.
177) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 7(a), and has the sole authority, to enter into an agreement, including with the Arizona Water Banking Authority (or a successor agency or entity), for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under section 4, at 1 or more underground storage facilities or groundwater savings facilities off the Reservation (referred to in this Act as a ``storage agreement''), subject to the conditions that the facility is located in the Lower Basin in the State and is not located in the counties of Navajo, Apache, or Cochise in the State.
(d) Delegation of Rights.--The CRIT may assign or sell any long- term storage credits accrued as a result of a storage agreement, subject to the condition that the assignment or sale is in accordance with applicable State law.
(d) Delegation of Rights.--The CRIT may assign or sell any long-term storage credits accrued as a result of a storage agreement, subject to the condition that the assignment or sale is in accordance with applicable State law.
SEC.
[[Page 136 STAT.
6189]] SEC.
(b) Documentation.--The Secretary shall document any lease or exchange agreement, storage agreement, or agreement for conserved water in the Water Accounting Report.
[[Page 136 STAT.
6190]] (b) Documentation.--The Secretary shall document any lease or exchange agreement, storage agreement, or agreement for conserved water in the Water Accounting Report.
AGREEMENT BETWEEN THE CRIT AND THE STATE.
<<NOTE:
Applicability.>> AGREEMENT BETWEEN THE CRIT AND THE STATE.
(c) Reservation of Rights.--The lease, exchange, storage, or conservation of a portion of the consumptive use shall not reduce or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation.
(c) Reservation of Rights.--The lease, exchange, storage, or conservation of a portion of the consumptive use shall not reduce [[Page 136 STAT.
6191]] or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation.
(b) Water Rights of Allottees.--The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, 1887 (commonly known as the ``Indian General Allotment Act'') (24 Stat.
(b) Water Rights of Allottees.--The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, (commonly known as the ``Indian General Allotment Act'') (24 Stat.
SEC.
[[Page 136 STAT.
6192]] SEC.
Passed the Senate December 19, 2022.
Approved January 5, 2022.
Attest:
LEGISLATIVE HISTORY--S.
Secretary.
3308:
117th CONGRESS 2d Session S.
--------------------------------------------------------------------------- SENATE REPORTS:
3308 _______________________________________________________________________ AN ACT To authorize the Colorado River Indian Tribes to enter into lease or exchange agreements and storage agreements relating to water of the Colorado River allocated to the Colorado River Indian Tribes, and for other purposes.
No.
117-286 (Comm.
on Indian Affairs).
CONGRESSIONAL RECORD, Vol.
168 (2022):
Dec.
19, considered and passed Senate.
Dec.
21, considered and passed House.
<all>
⬇ Download PDF
View plain text versions (5)

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Indian Affairs.

  3. Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.

  4. Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.

  6. Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.

  7. Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.

  8. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

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

  10. Message on Senate action sent to the House.

  11. Received in the House.

  12. Held at the desk.

  13. Mrs. Peltola moved to suspend the rules and pass the bill.

  14. Considered under suspension of the rules. (consideration: CR H9939-9941)

  15. DEBATE - The House proceeded with forty minutes of debate on S. 3308.

  16. 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.

  17. Considered as unfinished business. (consideration: H9980-9981)

  18. Passed/agreed to in House: 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).

  19. 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)

  20. Motion to reconsider laid on the table Agreed to without objection.

  21. By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-286.

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

  23. Presented to President.

  24. Presented to President.

  25. Signed by President.

  26. Signed by President.

  27. Became Public Law No: 117-343.

  28. Became Public Law No: 117-343.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 543 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (543)

543 members have not signed on to this bill.

Show all 543 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 3308 do?
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.
Who sponsors S 3308?
S 3308 is sponsored by Kelly, Mark (Democratic), Sinema, Kyrsten (Independent), Feinstein, Dianne (Democratic), and Padilla, Alex (Democratic).
What is the current status of S 3308?
This bill has been enacted into law. Introduced December 02, 2021. Enacted.
Where can I track S 3308?
Track S 3308 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on S 3308

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of S 3308

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →