[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5935 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5935
To approve the settlement of the water rights claims of the Agua
Caliente Band of Cahuilla Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2025
Mr. Calvert introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To approve the settlement of the water rights claims of the Agua
Caliente Band of Cahuilla Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agua Caliente Band
of Cahuilla Indians Water Rights Settlement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of Agreement.
Sec. 5. Tribal water right.
Sec. 6. Settlement trust fund.
Sec. 7. Funding.
Sec. 8. Enforceability date.
Sec. 9. Waiver and release of claims.
Sec. 10. Satisfaction of claims.
Sec. 11. Possessory interest tax.
Sec. 12. Transfer of land into trust.
Sec. 13. Conveyance of Federal land to the Coachella Valley Water
District.
Sec. 14. Miscellaneous provisions.
Sec. 15. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims in the State of California to rights to water for--
(A) the Tribe; and
(B) the United States, acting as trustee for the
Tribe and Allottees;
(2) to achieve a fair, equitable, and final settlement of
claims regarding the Tribe's water related fees, the RAC, and
the Tribal Possessory Interest Tax;
(3) to authorize, ratify and confirm the Agreement among
the Tribe, CVWD, and DWA to the extent that the Agreement is
consistent with this Act;
(4) to authorize and direct the Secretary
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this Act;
(5) to authorize funds necessary for the implementation of
the Agreement and this Act;
(6) to authorize the transfer of Federal land to the Tribe;
and
(7) to authorize the sale of Federal land to CVWD.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adjacent lands.--The term ``Adjacent Lands'' means
lands that CVWD owns, leases, uses, occupies, controls, or
manages that are immediately adjacent to the Facility.
(2) Afy.--The term ``AFY'' means acre-feet per calendar
year.
(3) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Agua Caliente Band of
Cahuilla Indians Water Rights Settlement Agreement''
and dated May 19, 2025, and exhibits attached thereto;
and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an exhibit)
that is executed to ensure that the Agreement is
consistent with this Act.
(4) Agua caliente or tribe.--The term ``Agua Caliente'' or
``Tribe'' means the Agua Caliente Band of Cahuilla Indians, a
federally recognized sovereign Indian Tribe with an elected
legislative body operating under a Constitution and by-laws
approved by the Commissioner of Indian Affairs on April 18,
1957, as amended.
(5) Agua caliente development projects.--The term ``Agua
Caliente Development Projects'' means water related projects
which improve the water supply, water reliability, water
infrastructure, or water quality for the Agua Caliente Indian
Reservation and/or the Indio Subbasin.
(6) Agua caliente indian reservation or reservation.--The
terms ``Agua Caliente Indian Reservation'' or ``Reservation''
means all land within the exterior boundaries of the
Reservation, as established by Presidential Executive Order,
Federal patent, or department order, and any other lands that
are held in trust by the United States for the Tribe or
Allottees.
(7) Agua caliente indian reservation trust land.--The term
``Agua Caliente Indian Reservation Trust Land'' means land or
lands held in trust by the United States for the Tribe or
Allottees.
(8) Agua caliente litigation.--The term ``Agua Caliente
Litigation'' means Agua Caliente Band of Cahuilla Indians v.
Coachella Valley Water District , et al., EDCV 13-883 JGB, Agua
Caliente Band of Cahuilla Indians v. Coachella Valley Water
District , et al., EDCV 20-174 JGB, or both.
(9) Agua caliente water authority or acwa.--The term ``Agua
Caliente Water Authority'' or ``ACWA'' means the branch of the
Agua Caliente Tribal government established by the Agua
Caliente Water Authority Ordinance (Chapter 7.12 of the Tribal
Code).
(10) Allocate, allocated or allocation.--The terms
``Allocate'', ``Allocated'', or ``Allocation'' means the
Tribe's administration of the Tribal Water Right under the
Tribe's Water Ordinance to Allottees.
(11) Allotment.--The term ``Allotment'' means a parcel of
land held in trust by the United States for the benefit of an
individual or individuals that is--
(A) located within the exterior boundaries of the
Agua Caliente Indian Reservation; or
(B) Bureau of Indian Affairs tract numbers 584-1006
and 584-1010 in Riverside County, California,
consisting of approximately 37 acres located in
Sections 3, 11, 13 and 29, Township 4 South, Range 5
East, SBBM, set aside by the United States for the
benefit of a Tribal Member.
(12) Allottee.--The term ``Allottee'' means a person with a
beneficial real property interest in an Allotment.
(13) Bureau of land management or blm.--The term ``Bureau
of Land Management'' or ``BLM'' shall mean the Bureau of Land
Management in the United States Department of the Interior.
(14) Claims.--The term ``Claims'' means rights, claims,
demands, actions, compensation or causes of action, whether
known or unknown, and arising under any source of law.
(15) Coachella valley water district or cvwd.--The terms
``Coachella Valley Water District'' or ``CVWD'' means a county
water district formed in 1918 and organized and operating
pursuant to the County Water District Law and the Coachella
District Merger Law of the California Water Code.
(16) Decree court.--The term ``Decree Court'' means the
United States District Court for the Central District of
California or any successor Federal court with jurisdiction
over the Agreement.
(17) Desert water agency or dwa.--The terms ``Desert Water
Agency'' or ``DWA'' means an independent special district
created by a special act of the California State Legislature in
1961.
(18) Distribute or distribution.--The term ``Distribute''
or ``Distribution'' means, when referencing the Tribal Water
Right, the provision of water by the Tribe under the Tribal
Water Right to Third Parties through lease, gift, transfer, or
any other means.
(19) Diversion.--The term ``Diversion'' means to receive,
withdraw, develop, produce, or capture water using a ditch,
canal, flume, bypass, pipeline, pit, collection or infiltration
gallery, conduit, well, pump, turnout, dam, or any other
mechanism or device.
(20) Domestic water.--The term ``Domestic Water'' means
potable water suitable for human consumption that is delivered
for any purpose to a residential customer, nonresidential
customer, commercial or industrial customer, governmental
customer, or institutional customer.
(21) Domestic water service.--The term ``Domestic Water
Service'' means the delivery of Domestic Water from CVWD's or
DWA's water infrastructure (including water pipelines, booster
stations, wells, treatment facilities, reservoirs, and
hydrants) and delivery of water for public and private fire
protection service.
(22) Enforceability date.--The term ``Enforceability Date''
means the date described in section 8.
(23) Facility land.--The term ``Facility Land'' means the
approximately 842.4 acres of land depicted on the map attached
to Exhibit 5 of the Agreement and described as follows, subject
to a final survey by the United States and any technical
corrections to conform to that survey:
San Bernardino Meridian
Area A: T. 3S., R. 3E, section 14: S1/2NE1/4SE1/4
Area B: T. 3S., R. 3E, section 14: SE1/4SE1/4
Area C: T. 3S., R. 3E, section 23: NE1/4NE1/4 (BLM
lot 4 North of Highway 111)
Area D: T. 3S., R.3E, section 23; NW1/4NE1/4 (North
of Highway 111)
Areas E, F and G: T. 3S, R. 3E, section 24: N1/
2NE1/4, N1/2NW1/4 (BLM lot 1 and 2 north of Highway
111)
Areas H, I and J: T. 3S., R. 4E. section 20: S1/
2NE1/4, S1/2NW1/4, S1/2
Areas K and L: T. 3S., R. 4E. section 28: W1/2NW1/
4NW1/4, NW1/4SW1/4NW1/4
Area M: T. 3S., R. 4E. section 30: N1/2NE1/4 (north
of Highway 111)
(24) Final decree.--The term ``Final Decree'' means the
``Final Judgment and Decree'' to be entered by the Decree Court
with respect to the Tribal Water Right--
(A) that is substantially in the form set forth in
Exhibit 2 of the Agreement, as amended if needed to
ensure consistency with this Act; and
(B) from which no further appeal may be taken.
(25) Groundwater.--The term ``Groundwater'' means the water
beneath the surface of the ground and within the zone of
saturation that is below the water table of the Indio Subbasin
excluding water flowing in defined beds and banks of creeks and
rivers.
(26) Imported water.--The term ``Imported Water'' means
water that any person or entity imports into the Indio
Subbasin.
(27) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(28) Indio subbasin.--The term ``Indio Subbasin'' means the
Indio Subbasin (Subbasin 7-21.01) as defined by California
Department of Water Resources Bulletin 118.
(29) Irrigation.--The term ``Irrigation'' means water used
for agricultural purposes.
(30) Memorandum of cooperation.--The term ``Memorandum of
Cooperation'' means the Memorandum of Cooperation Regarding
Water Management among and between Agua Caliente, CVWD, and DWA
(attached as Exhibit 1 to the Agreement).
(31) Most likely descendant.--The term ``Most Likely
Descendant'' has the same meaning as used in California Code,
Public Resources Code 5097.98.
(32) Native groundwater.--The term ``Native Groundwater''
means the water which naturally replenishes and accumulates in
the aquifer and does not include Imported Water.
(33) Non-consumptive use.--The term ``Non-Consumptive Use''
means any use that does not remove water from a natural water
body.
(34) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity related to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to repairing, replacing,
or rehabilitating a feature of a project.
(35) Other public agency.--The term ``Other Public Agency''
shall mean any and all political subdivisions or public
agencies of the State of California, other than Riverside
County, that but for the preemption in this Act otherwise would
have received revenue from the Riverside County Ad Valorem
Property Tax imposed on Possessory Interests.
(36) Parties.--The term ``Parties'' means Agua Caliente,
CVWD, DWA, and the United States.
(37) Possessory interest.--The term ``Possessory Interest''
means possession of, claim to, or right of possession of land
or improvements that is independent, durable, and exclusive of
rights held by others in the property, except when coupled with
ownership of the land or improvements in the same person when
such lands or improvements are within the exterior boundaries
of Agua Caliente Indian Reservation Trust Land.
(38) Produce, producing, or production of water.--The terms
``Produce'', ``Producing'', or ``Production of water'' means
the extraction of Groundwater or the diversion of surface
water, by pumping or any other method.
(39) Rac.--The term ``RAC'' means the replenishment
assessment charge that a Water District levies on the
production of Groundwater or the diversion of surface water as
described in Cal. Water Code Sec. 31630, et seq. or Cal. Water
Code Appendix Sec. 100-15.4(b), or any comparable charge or
fee.
(40) Reservation customer.--The term ``Reservation
Customer'' means water users located on Agua Caliente Indian
Reservation Trust Land receiving delivery of Domestic Water
from the Water Districts.
(41) Riverside county.--The term ``Riverside County'' means
the County of Riverside in the State of California.
(42) Riverside county ad valorem property tax.--The term
``Riverside County Ad Valorem Property Tax'' means the ad
valorem property tax imposed by Riverside County on a
Possessory Interest, as authorized by the California
Constitution, article XIII, section 1, on behalf of various
taxing entities, that is subject to the limit described in
section 93(b) of the California Revenue & Taxation Code or any
similar tax levied by the Riverside County in the future. The
term shall not include any tax levy on behalf of any taxing
entity that is not subject to the limit described in section
93(b), such as any levy identified in sections 93(a), 93(c), or
96.31(a) of the California Revenue & Taxation Code.
(43) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(44) State.--The term ``State'' means the State of
California and all officers, agents, departments, and political
subdivisions of the State of California.
(45) Tax apportionment schedule.--The term ``Tax
Apportionment Schedule'' means the schedule established by
Riverside County for distributing funds from the Riverside
County Ad Valorem Property Tax to taxing entities.
(46) Tribal cultural resource.--The terms ``Tribal Cultural
Resource'' means--
(A) human remains and associated grave goods;
(B) a burial site (as defined in section 2 of the
Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001));
(C) cultural items (as defined in section 2 of the
Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001));
(D) archaeological resources (as defined in section
3 of the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470bb)); or
(E) Native American historic property (as defined
in section 300308 of title 54, United States Code).
(47) Tribal law.--The term ``Tribal Law'' means any law
duly enacted by Agua Caliente.
(48) Tribal member.--The term ``Tribal Member'' means any
person who is a duly enrolled member of the Agua Caliente.
(49) Tribal possessory interest tax.--The term ``Tribal
Possessory Interest Tax'' or ``Tribal Tax'' means the Tribe's
tax on Possessory Interests that the Tribe has the sovereign
governmental authority to impose, assess, collect, and disburse
pursuant to this Act.
(50) Tribal possessory interest tax ordinance.--The term
``Tribal Possessory Interest Tax Ordinance'' means an ordinance
adopted by Agua Caliente and authorized by this Act governing
the imposition, assessment, levy, charge, or collection of the
Tribal Possessory Interest Tax on the Reservation.
(51) Tribal production fee.--The term ``Tribal Production
Fee'' means the fee authorized by this Act that Agua Caliente
may levy or impose under Tribal Law on the Production of
Groundwater that is part of the Tribal Water Right.
(52) Tribal water delivery charge.--The term ``Tribal Water
Delivery Charge'' means the charge authorized by this Act that
Agua Caliente may levy or impose under Tribal Law on
Reservation Customers using the Tribal Water Right and that is
retained by a Water District pursuant to a water services
contract.
(53) Tribal water fee.--The term ``Tribal Water Fee'' means
the fee authorized by this Act that Agua Caliente may levy or
impose under Tribal Law on Reservation Customers receiving the
delivery of Domestic Water
(54) Tribal water right.--The term ``Tribal Water Right''
means the Agua Caliente's water rights--
(A) as identified in Section III of the Agreement
and section 5 of this Act, and
(B) as confirmed in the Final Decree.
(55) Tribe's water ordinance.--The term ``Tribe's Water
Ordinance'' means the Agua Caliente Water Authority Ordinance
(Chapter 7.12 of the Tribal Code), as amended, or any other
ordinance enacted by Agu