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119-s-4368119th CongressWALLET

Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act

Sponsored By: Senator Padilla, Alex [D-CA]

In Committee

Summary

This bill would create a comprehensive settlement that _settles and funds Agua Caliente Tribal water rights_. It would confirm a quantified Tribal Water Right and set up a multi-account trust to pay for water projects, augmentation, management, and operations.

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 4 benefits, 0 costs, 5 mixed.

Federal parcels put into Tribal trust

If enacted, the bill would take specified Federal parcels into trust for the Tribe on the Enforceability Date and withdraw those lands from public-land entry and mining laws on enactment. Existing rights and improvements remain subject to valid rights and must be removed within 90 days after rights expire unless otherwise agreed. The Secretary must issue trust deeds within 10 years and lands taken into trust would not be eligible for class II or III gaming.

Tribal tax for possessory interests

If enacted, the bill would let the Tribe impose a Tribal Tax on possessory interests in place of the Riverside County ad valorem tax for taxable periods after the first January 1 following the Enforceability Date. The Tribal Tax could not be set at a lower rate or assessed value than the County tax, and governments and nonprofits exempt under California law would remain exempt. The Tribe must distribute proceeds to other local public agencies the same way the County would, may delegate collection to the County, and may not use proceeds for per-capita payments.

Waivers and limits on past water claims

If enacted, the bill would require the Tribe and the United States acting as trustee to execute broad waivers and releases of many historical water-related claims against Coachella Valley Water District and Desert Water Agency on the Enforceability Date. The waivers would preserve specific exceptions, such as enforcement of the Agreement and some State and Federal water quality claims. Statutes of limitation for those waived claims would be tolled from enactment until the Enforceability Date.

$500M Agua Caliente Trust Fund

If enacted, the bill would create a $500 million Agua Caliente Settlement Trust Fund split into four accounts: $300 million for Development Projects (with $50 million available on deposit), $100 million for Groundwater Augmentation, $50 million for Water Management, and $50 million for operation and maintenance. The Tribe could withdraw money only after the Secretary approves a Tribal management plan or an approved spending plan. Funding levels could be adjusted for construction cost changes using a federal index starting May 19, 2025. The United States would not be liable to perform Act obligations unless Congress provides adequate appropriations, and many fund actions depend on an Enforceability Date or the Act could expire by December 31, 2035.

Legal rules for enforcing the agreement

If enacted, the bill would say the Act controls if the Agreement conflicts with this statute. It would grant a limited waiver of the United States' sovereign immunity only as federal law permits to enforce the Act and Agreement. The bill would also preserve existing pre-enforcement review rules for federal environmental enforcement that were in effect the day before enactment.

Tribal groundwater right up to 20,000 AFY

If enacted, the bill would confirm a Tribal Water Right in trust for the Tribe and Allottees to produce or use up to 20,000 acre-feet per year of groundwater with a priority date no later than 1876–1877. The right would not be lost for non-use, may be reused, and off-Reservation leases are limited to 99 years total. Allottee water interests may be leased under the Tribe's ordinances and the Agreement.

Stop work if tribal remains found

If enacted, the bill would require CVWD and its representatives to stop ground-disturbing work immediately if suspected Tribal cultural resources or human remains are found at the Facility or adjacent lands. CVWD must notify the Tribe's preservation official and legal counsel, and must notify the County Coroner and pay reasonable coroner fees for human remains. If the Tribe is the most likely descendant, the Tribe would decide treatment and could require on-site reburial at an agreed undisturbable location.

Environmental review and cost rules

If enacted, the bill would require implementation actions under the Agreement and Act to follow NEPA, the Endangered Species Act, and other federal environmental laws. The Tribe would prepare necessary environmental documents, and the Secretary would independently evaluate and remain responsible for them. Most compliance costs would be paid from the Trust Fund, but costs for Federal approval, review, or inherently Federal functions would remain the Secretary's responsibility.

Sale of facility land to water district

If enacted, the bill would let the Secretary sell specific Facility Land to the Coachella Valley Water District (CVWD) if CVWD offers to buy it at fair market value. CVWD must pay appraisal and conveyance costs, submit an offer within 30 days after appraisal, and pay FMV within 30 days after conveyance. Sale proceeds would go to a federal land deposit account for federal land uses.

Sponsors & CoSponsors

Sponsor

Padilla, Alex [D-CA]

CA • D

Cosponsors

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 4/22/2026

Roll Call Votes

No roll call votes available for this bill.

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