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117-s-3308117th Congress

Colorado River Indian Tribes Water Resiliency Act of 2022

Sponsored By: Senator Kelly, Mark [D-AZ]

Became Law

Summary

Authorizes the Colorado River Indian Tribes to enter into limited off‑reservation water‑use agreements in Arizona’s Lower Basin. Those arrangements operate under federal approval, state coordination, and environmental rules.

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  • The tribe can enter into three types of off‑reservation arrangements: leases or exchanges, storage agreements, and conserved‑water agreements. Terms are limited to 100 years with renegotiation allowed, and the CRIT keeps its decreed allocation and receives all consideration.
  • Off‑reservation uses are restricted to the Lower Basin inside Arizona and expressly exclude Navajo, Apache, and Cochise counties. Before the first approval the tribe and the Secretary must make agreements with the State on notice, information sharing, and the technical and accounting methods for measuring reductions in consumptive use.
  • The Secretary must approve each agreement, pay fair market value for reduced consumptive use, and ensure compliance with the National Environmental Policy Act (NEPA) and the Endangered Species Act. Allottee irrigation entitlements are protected and the United States disclaims most liability for negotiation or approval.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Protects irrigation water for tribal allottees

If you are an allottee, these deals cannot reduce your irrigation water rights. The Secretary must protect a fair share of water for your land. You must first use tribal remedies before suing the United States. After that, you may seek relief under federal law or ask the Secretary for help.

Colorado River Indian Tribes can lease water

The law lets the Colorado River Indian Tribes lease, exchange, or store part of their water off the Reservation. Use or storage must be in Arizona’s Lower Basin, not in Navajo, Apache, or Cochise counties. Deals can last up to 100 years and need the Secretary’s approval, with NEPA and Endangered Species Act review. Before the first deal, the Secretary and the State set accounting methods, and the Tribe must agree with the State on notice and sharing documents. Approved deals are recorded in the Water Accounting Report and cannot permanently give away the Tribe’s decreed water.

Colorado River Indian Tribes get paid; less U.S. oversight

The Tribe gets all payments from leases, exchanges, storage, or conserved‑water deals. When the Secretary is the counterparty, the Secretary must pay fair market value for the Tribe’s reduced use. The United States is generally not liable for claims about negotiating or approving these deals and has no duty to monitor how the Tribe uses the money. The U.S. remains responsible for environmental compliance claims under section 8(a).

Sponsors & CoSponsors

Sponsor

Kelly, Mark [D-AZ]

AZ • D

Cosponsors

  • Rep. Sinema, Kyrsten [D-AZ-9]

    AZ • D

    Sponsored 12/2/2021

  • Sen. Feinstein, Dianne [D-CA]

    CA • D

    Sponsored 7/12/2022

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 7/12/2022

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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