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119-s-689119th CongressWALLET

Tule River Tribe Reserved Water Rights Settlement Act of 2025

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

In Committee

Summary

This bill would settle and fund the Tule River Tribe's water rights by ratifying a long-standing agreement, creating a tribal trust fund for water projects, and transferring specified federal and tribal lands into trust to implement the settlement.

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  • Tribal households and the Tribe: Confirms a tribal right to divert and use up to 5,828 acre-feet per year from the South Fork Tule River and creates the Tule River Tribe Settlement Trust Fund with $518 million for water development and $50 million for operation, maintenance, and replacement. Per-capita cash distributions are prohibited and infrastructure paid for with trust funds vests in the Tribe.
  • Downstream water users and local irrigators: Requires Operation Rules for the Phase I Reservoir or any substitute site and a structured dispute-resolution path; rules include minimum flow protections tied to low-flow bands starting at 1 cubic-foot-per-second to reduce harm to domestic and stock uses.
  • Federal landholders and the Tribe's reservation: Moves thousands of acres, including about 9,037 acres of national forest headwaters, into trust for the Tribe, conditions transfers on clearing liens and hazards, and preserves environmental review responsibilities.

*This bill would authorize $568 million in Treasury transfers to a tribal trust fund, increasing federal outlays.*

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 0 costs, 4 mixed.

Settlement waivers, tolling, and court limits

If enacted, the Tribe and trustee would sign broad waivers of many pre-Enforceability Date California water claims in exchange for settlement benefits, while certain environmental and post-Enforceability claims are preserved. If enacted, limitation periods for covered claims would be tolled from enactment until the Enforceability Date. If enacted and the Secretary fails to publish required findings within eight years (unless extended), the Act could expire, undo waivers, void approvals, and require return or offset of federal funds. If enacted, the United States could be joined in certain suits but sovereign immunity otherwise remains.

Tribal water right confirmed and protected

If enacted, the bill would confirm a Tribal Water Right held in federal trust to divert up to 5,828 acre-feet per year from the South Fork Tule River. If enacted, the bill would set the Tribe's priority date no later than January 9, 1873, protect the right from loss by non-use, and bar permanent sale of the right. If enacted, the Tribe could allocate and distribute that water on the Reservation under the Agreement and this Act. If enacted, the bill would also say it does not reduce other tribes' or the United States' separate water rights.

Big federal fund for tribal water projects

If enacted, the bill would create a Tule River settlement trust fund and require one-time Treasury transfers of $518 million for water projects and $50 million for operation, maintenance, and replacement. If enacted, the Secretary would manage and invest the funds and investment earnings could be used for the same project purposes. If enacted, withdrawals would be allowed under approved Tribal management plans or approved expenditure plans, with Secretary oversight and required annual spending reports. If enacted, $20 million of the water projects account would be set aside for Phase I Reservoir studies. If enacted, Trust Fund money could not be paid out per person and the Tribe would pay ongoing operation and replacement costs for projects.

Rules for reservoir site and river flows

If enacted, the Secretary could not finalize the Agreement until Parties agree on priority-date amendments and Phase I Reservoir siting or substitute-site Operation Rules. If enacted and Parties cannot agree, the Court would mediate, hold hearings, and pick Operation Rules. If enacted, the Court could apply diversion limits measured at a specified point: under 3 cfs the Tribe could take 1 cfs; 3–under 5 cfs the Tribe could take 1.5 cfs; 5–under 10 cfs the Tribe could take 2 cfs; at 10 cfs or more the Tribe could take any amount.

Federal land transfers into tribal trust

If enacted, the bill would take listed BLM, Forest Service, and tribal fee parcels into trust for the Tule River Tribe on the Enforceability Date, including about 9,037 acres in the South Fork Tule River headwaters. If enacted, transferred lands stay subject to valid existing rights and BIA would assume management and send land receipts earned after transfer to the Tribe. If enacted, federal land rules would temporarily bar new mining and leasing on those lands before transfer. If enacted, holders would have 90 days after their right ends to remove improvements or pay removal costs.

Tribe keeps project ownership and control

If enacted, the bill would keep title and control of any project built with Trust Fund money with the Tule River Tribe. The Tribe would own and run those projects after they are finished.

Environmental review and who pays

If enacted, the Secretary must follow NEPA, the Endangered Species Act, and other laws when implementing the Agreement. If enacted, the Tribe would prepare environmental documents but the Secretary must independently review them and remain responsible for their accuracy. If enacted, some compliance costs tied to tribal projects may be paid from the Trust Fund, while costs that are inherently federal stay with the Secretary.

Sponsors & CoSponsors

Sponsor

Padilla, Alex [D-CA]

CA • D

Cosponsors

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 2/24/2025

Roll Call Votes

No roll call votes available for this bill.

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