San Luis Rey Indian Water Rights Settlement Act

(Senate agreed to House amendment with an amendment) Title I: San Luis Rey Indian Water Rights Settlement - San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States, local entities, and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Establishes the San Luis Rey Tribal Development Fund and authorizes appropriations to the fund. Directs the Secretary of the Treasury to allocate and make available, following execution of the settlement agreement, judgments, and other specified final dispositions, fund assets as are requested by the San Luis Rey River Indian Water Authority (an intertribal Indian entity established by the Bands). Authorizes and directs the Secretary of the Interior, subject to the provisions of the settlement agreement, to arrange for the development of supplemental water for the benefit of the Bands and the local entities. Sets conditions on the delivery of water for the use of such Bands and entities. Prohibits the United States from bearing the costs of developing and delivering such supplemental water. Directs the Secretary to: (1) report to specified congressional committees on the Secretary's recommendations for providing a supplemental water source, the method of financing, and the proposed form of contract for such water delivery; and (2) execute the necessary contracts and carry out the recommended program 60 calendar days after submission of the report, unless otherwise directed by the Congress. Recognizes and approves the establishment of the San Luis Rey Indian Water Authority as a permanent inter-tribal entity pursuant to duly adopted ordinances. Sets limitations on the Authority's power to amend or repeal such ordinances. Provides for the status of the Authority as an Indian entity under Federal law, with which the United States has a trust relationship. Prescribes the general powers of the Authority to enter into agreements, invest funds, and exercise other spending authorities. States that the Secretary and the Attorney General and the Bands are authorized to enter into the settlement agreement. Sets forth the authority of the Federal Energy Regulatory Commission over power facility licenses diverting river waters, subjecting them to the settlement agreement and prohibiting any interference with the terms of the agreement. Provides that the Secretary is exclusively authorized, subject to Band approval, to lease, grant rights-of-way across, or transfer title to any Indian or other land which is used in connection with operation of the system to divert San Luis Rey River waters originating above the Escondido Canal intake or the supplemental waters. Entitles Indians to compensation for any taking of land. States that no provision of this title shall be construed as: (1) authorizing Federal acquisition of any water or power supply or transmission facility through the power of eminent domain; or (2) creating any implication with respect to the status of the Indian Water Authority under other law. Title II: All American Canal Lining - Authorizes the Secretary, in order to reduce water seepage, to construct a new lined canal or to line unlined portions of the All American Canal and to take action to replace fish and wildlife values adjacent to the canal foregone as a result of the lining of the canal or to mitigate resulting impacts on fish and wildlife resources. Authorizes construction and funding agreements for such work with specified California irrigation district and water district contractors. States that title to any constructed works shall remain with the United States. States that no Federal funds are authorized to be appropriated for the construction of the works. Authorizes use of conserved water for the San Luis Rey River Indian water rights settlement and for beneficial comsumptive use in California. Places conditions on any action by the Secretary to use, sell, grant, dispose, lease, or provide rights-of-way across Federal public domain lands located within the All American Canal service area. Requires any canal lining or construction agreement with the Metropolitan Water District of Southern California to require a water conservation study evaluating pricing options, demand elasticity, and water savings under each option. Sets forth pricing alternatives to be evaluated, including dry year surcharges and public hearings regarding the study. Directs the Secretary to submit to the Congress a report describing current conditions of habitats and water requirements at the Salton Sea National Wildlife Refuge, California.

(Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 100-780) Title I: San Luis Rey Indian Water Rights Settlement - San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States, local entities, and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Establishes the San Luis Rey Tribal Development Fund and authorizes appropriations to the fund for the next three fiscal years. Directs the Secretary of the Treasury to allocate and make available, subject to appropriation and other conditions, fund assets as are requested by the San Luis Rey River Indian Water Authority (an intertribal Indian entity established by the Bands). States that as part of the settlement agreement, the Secretary of the Interior shall: (1) retain title to 2,000 acre-feet of San Luis Rey River water for the benefit of the Bands and the Authority; and (2) transfer to local entities all U.S. interests in remaining water originating above the intake to the Escondido Canal. Directs the Secretary to determine yearly the total amount of water each Band is able to place into beneficial use and deliver supplemental water to each reservation. Prohibits the sale of supplemental water. Provides for judicial review of the Secretary's determinations. Directs the Secretary to invest in the lining of the previously unlined portions of the All American Canal for the purpose of acquiring supplemental water supply rights. States that if the Secretary fails to provide supplemental water, the United States shall pay damages to the Bands. Recognizes and approves the establishment of the San Luis Rey Indian Water Authority as a permanent inter-tribal entity pursuant to duly adopted ordinances. Sets limitations on the Authority's power to amend or repeal such ordinances. Provides for the status of the Authority as an Indian entity under Federal law, with which the United States has a trust relationship. Prescribes the general powers of the Authority to enter into agreements, invest funds, and exercise other spending authorities. States that the Secretary and the Attorney General and the Bands are authorized to enter into the settlement agreement. Provides that the execution of the agreement shall not be withheld or delayed for any reason associated with providing the supplemental water supply. Sets forth the authority of the Federal Energy Regulatory Commission over power facility licenses diverting river waters, subjecting them to the settlement agreement, and prohibiting any interference with the terms of the agreement. Provides that the Secretary is exclusively authorized, subject to Band approval, to lease, grant rights-of-way across, or transfer title to any Indian or other land which is used in connection with operation of the system to divert San Luis Rey River waters originating above the Escondido Canal intake or the supplemental waters. Entitles Indians to compensation for any taking of land. States that no provision of this title shall be construed as: (1) authorizing Federal acquisition of any water or power supply or transmission facility through the power of eminent domain; or (2) creating any implication with respect to the status of the Indian Water Authority under other law. Title II: Restriction of Dams in Parks - Prohibits any individual, corporation, Federal or State agency, or other entity from commencing construction of: (1) any new dam or impoundment within the boundaries of a national park or monument except as developed by the National Park Service if necessary to meet park requirements and if not resource-degrading; or (2) any new dam or impoundment which will, after the date of enactment of this title, inundate land within a national park or monument. States that no Federal lands may be used for expansion of the capacity of any reservoir within Yosemite National Park unless the Congress enacts specific statutory authorization. Title III: Related Reclamation Provisions - Amends the Flood Control Act of 1962 to authorize the Secretary to make available unallocated carryover storage from the New Melones project to the Oakdale and South San Joaquin irrigation districts during drought emergency conditions. Authorizes a temperature control curtain demonstration project at Shasta Dam, Central Valley project, California, to protect anadromous fisheries. Directs the Secretary to annually offer the Lakeview Irrigation District, Wyoming, an option to purchase storage in the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program. Directs the Secretary of Energy, acting through the Western Area Power Administration, to offer an extension of energy purchase contract provisions to the Shoshone Irrigation District, Wyoming. Provides for successive one-year extensions following an initial five-year extension. States that in no event shall sales of electric energy to the United States be made after September 30, 1999. Title IV: Emergency Drought Authority - Reclamation States Drought Assistance Act of 1988 - Directs the Secretary of the Interior to: (1) identify opportunities to augment, utilize, or conserve water supplies available to Federal reclamation projects and undertake activities, consistent with existing contracts and State law, to mitigate losses from the 1987-1989 drought; (2) assist buyers in the purchase of water supplies and redistribute such water to minimize drought losses; and (3) undertake expedited evaluations of potential facilities to mitigate the effects of a recurrence of the 1987-1989 drought, making recommendations to the President and the Congress evaluating such potential undertakings. States that payments for project water acquired for project purposes from willing sellers shall be at a negotiated price, but shall not confer any profit. Requires such price to be sufficient to recover costs to the United States in providing the water. Authorizes the Secretary to make available surplus water at existing Federal reclamation projects on a temporary basis to mitigate 1987-1989 drought losses. Sets the terms of surplus water contracts. Allows the Secretary to make surplus water available for protecting fish and wildlife resources. Empowers the Secretary to defer, without penalty, the 1988 and 1989 installment charge payments owed by irrigators as deemed necessary because of financial hardship caused by drought conditions. Authorizes the Secretary to request reprogramming of funds previously made available to carry out emergency drought measures of this title. Sets up an emergency loan program to water users who undertake activities to mitigate drought losses. Authorizes appropriations for such purposes. Requires that the program established by this title be coordinated with emergency and disaster relief operations conducted by Federal and State agencies under other law. Directs the Secretary to submit to the President and the Congress: (1) a report on expenditures and accomplishments under this Act; and (2) legislative recommendations for a national plan for a Federal agency response to droughts. Sets deadlines for the initiation and termination of programs of this title. Amends the Warren Act to authorize the Secretary to make available surplus water or capacity in canals for use by municipal, industrial, and domestic customers, and for fish and wildlife protection. Authorizes appropriations to carry out this title. Title V: All American Canal Lining - Authorizes the Secretary of the Interior, in order to reduce water seepage and waste, to construct a new lined canal or to line unlined portions of the All American Canal and to take action to mitigate resulting impacts on fish and wildlife resources. Authorizes construction and funding agreements for such work with specified California irrigation district and water district contractors. States that title to any constructed works shall remain with the United States. States that no funds are authorized to be appropriated for the construction of the works, except for a specified amount as necessary for proportionate U.S. participation. Authorizes use of conserved water for the San Luis Rey River Indian water rights settlement and for beneficial consumptive use in California. Grants contractors a proportionate share of conserved water based on funding contract percentages. Prohibits the Secretary from: (1) making available within the All American Canal service area any Federal lands for agricultural use requiring irrigation with Colorado River water; or (2) issuing any land use privileges for facilities to convey Colorado River water to private lands not previously irrigated with such water. Requires that any disposition of public lands have as a condition that such lands will not be put to agricultural use requiring irrigation with Colorado River water without the express consent of the Congress. Requires any canal lining or construction agreement with the Metropolitan Water District of Southern California to require a water conservation study evaluating pricing options, demand elasticity, and water savings under each option. Sets forth pricing alternatives to be evaluated, including dry year surcharges. Directs the Secretary to submit to the Congress a report describing current conditions of habitats and water requirements at the Salton Sea National Wildlife Refuge, California.

(Measure passed Senate, amended) San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Requires the Secretary of the Interior, subject to the provisions of the settlement agreement, to deliver a specified amount of water to the Indian Water Authority and the local entities. Requires the Secretary to deliver a portion of such water to the Indian Water Authority in the San Diego Aqueduct in the vicinity of the Bands' Reservation, except for so much as the Bands may not require for use on their reservations. Requires the remainder to be delivered to the local entities in the San Diego Aqueduct in the vicinity of their service areas. Requires such water to be delivered on a schedule to be agreed upon by the Secretary, the Indian Water Authority, and the local entities, and may be rejected by the Authority or the local entities in whole or in part. Declares the use of such water to be subject to the Reclamation Act of 1902, except that nothing in this Act or any other law shall require compliance with State laws governing changes in the places of use, purposes of use, or points of diversion of such water in the water rights permits for the Central Valley Project. Requires the local entities to reimburse the United States at the rate charged for Central Valley Project irrigation water for all costs incurred in the delivery to them of 6,000 acre-feet per year. Requires the Indian Water Authority and the local entities to reimburse the United States for the operation and maintenance costs incurred in the delivery of all remaining water. Declares that construction costs associated with providing such remainder water shall be a non-reimbursable cost of the Central Valley Project. Requires such operation and maintenance costs to be based on the project use rate for irrigation water. Requires the Indian Water Authority to pay costs associated with the conveyance of such water through non-Federal facilities. Prohibits the Secretary from being obligated to deliver such water if: (1) such delivery would require the construction of new Federal facilities; (2) consent cannot be obtained for the use of non-Federal facilities; or (3) necessary contracts have not been executed. Requires the Secretary to take the necessary steps to ensure that the delivery of such water will not result in added costs for Central Valley Project customers. Requires the Secretary to use power from the Central Valley Project to deliver water from the Sacramento-San Joaquin Delta to the Indian Water Authority and local entities. Requires the local entities to reimburse the United States at the project use rate for irrigation water for the operation and maintenance costs incurred in providing power for the delivery of the 6,000 acre-feet of water. Requires the Indian Water Authority and the local entities to reimburse the United States for the operation and maintenance costs incurred in providing power for the delivery of remaining water. Sets forth limitations on the costs of providing such power. Declares that nothing in this Act shall diminish the amount of firm project water than is available for eventual contracting within the service area of the Central Valley Project as it existed on January 1, 1987. Directs the Secretary to take such measures as necessary to ensure that the implementation of this Act does not result in such diminishment. Prohibits the Secretary from taking any such measures until: (1) a report is submitted to specified congressional committees describing such measures, estimated costs, and possible alternatives; (2) 90 calendar days have elapsed; and (3) appropriations are made available. Provides for injuctive or declaratory relief in any appropriate U.S. district court. Provides for the Secretary and the Secretary of Energy to obtain water and power for the Bands, the Indian Water Authority, and the local entities from authorized alternative sources, after: (1) reporting to specified congressional committees; (2) 90 calendar days have elapsed; and (3) appropriations are made available. Establishes the San Luis Rey River Indian Water Authority. Authorizes the Authority to enter into agreements to implement the provisions of this Act. Authorizes the Secretary of the Interior and the Attorney General, acting on behalf of the United States, and the Bands, acting through their authorized governing bodies, to enter into a settlement agreement to implement this Act. Declares that any license issued under the Federal Power Act for any part of the system that diverts the waters of the San Luis Rey River originating above the intake to the Escondido Canal: (1) shall be subject to the provisions of the settlement agreement; and (2) shall not interfere with the ability of the Bands, the local entities, and the United States to implement, perform, and comply with the provisions of the settlement agreement. Authorizes the Secretary to lease, grant rights-of-way across, or transfer title to any Indian tribal or allotted land which is used to divert, convey, and store the waters of the San Luis Rey River originating above the intake to the Escondido Canal.

(Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 100-47) San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Requires the Secretary of the Interior, upon the settlement of all water rights claims, to deliver water to the Indian Water Authority in the vicinity of the Bands' Reservations. Requires the Indian Water Authority to reimburse the United States for operational and maintenance costs (except construction costs) incurred in the delivery of such water. Requires the Indian Water Authority to pay costs associated with the conveyance of such water through non-Federal facilities. Prohibits the Secretary from being obligated to deliver such water if: (1) such delivery would require the construction of new Federal facilities; (2) consent is denied for the use of non-Federal facilities; or (3) necessary contracts have not been executed. Requires the Secretary to take the necessary steps to ensure that the delivery of such water will not result in added costs for Central Valley Project customers. Provides that no law shall require compliance with State laws governing changes in the places of use, purposes of use, or points of diversion of water under this Act in the water rights permits for the Central Valley Project. Requires the Secretary to use power from the Central Valley Project to deliver water from the Sacramento-San Joaquin Delta to the Indian Water Authority. Requires the Indian Water Authority to reimburse the United States at the project use rate for irrigation water for the operation and maintenance costs incurred in providing power for the delivery of water. Sets forth limitations on the costs of providing such power. Establishes the San Luis Rey River Indian Water Authority. Provides that the Authority, upon the approval of the Secretary, may lease, sell, and manage any water or power resource on or off the Reservations of the Bands. Authorizes the Secretary to lease, grant rights-of-way across, or transfer title to any Indian tribal or allotted land which is used to divert, convey, and store the waters of the San Luis Rey River for the local entities, including the Rincon and Bear Valley powerplants.

San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Requires the Secretary of the Interior, upon the settlement of all water rights claims, to deliver water to the Indian Water Authority in the vicinity of the Bands' Reservations. Requires the Indian Water Authority to reimburse the United States for operational and maintenance costs (except construction costs) incurred in the delivery of such water. Requires the Indian Water Authority to pay costs associated with the conveyance of such water through non-Federal facilities. Prohibits the Secretary from being obligated to deliver such water if: (1) such delivery would require the construction of new Federal facilities; (2) consent is denied for the use of non-Federal facilities; or (3) necessary contracts have not been executed. Requires the Secretary to take the necessary steps to ensure that the delivery of such water will not result in added costs for Central Valley Project customers. Provides that no law shall require compliance with State laws governing changes in the places of use, purposes of use, or points of diversion of water under this Act in the water rights permits for the Central Valley Project. Requires the Secretary to use power from the Central Valley Project to deliver water from the Sacramento-San Joaquin Delta to the Indian Water Authority. Requires the Indian Water Authority to reimburse the United States at the project use rate for irrigation water for the operation and maintenance costs incurred in providing power for the delivery of water. Sets forth limitations on the costs of providing such power. Establishes the San Luis Rey Indian Water Authority. Provides that the Authority, upon the approval of the Secretary, may lease, sell, and manage any water or power resource on or off the reservations of the Bands. Authorizes the Secretary to lease, grant rights-of-way across, or transfer title to any Indian tribal or allotted land which is used to divert, convey, and store the waters of the San Luis Rey River for the local entities, including the Rincon and Bear Valley powerplants.