Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act
Sponsored By: Senator Padilla, Alex [D-CA]
Introduced
Summary
Recognizes and places into federal trust a quantified Agua Caliente tribal water right of up to 20,000 acre-feet per year. The bill would ratify a settlement agreement with local water districts, create a dedicated settlement trust fund, and authorize land transfers and sales needed to implement the deal.
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- Tribe and Allottees: Would get a federally recognized Tribal Water Right of up to 20,000 acre-feet per year with non-use protection and the ability to use or lease groundwater off-reservation, including leases up to 99 years. This aims to replace waived claims with specified benefits under the settlement.
- Local water districts and residents: Would see legal claims by the Tribe and the United States over many past water issues waived in exchange for the settlement. The bill would also allow conveyance of specific federal Facility Land to the Coachella Valley Water District at fair market value and impose cultural-resource protections for project sites.
- Federal roles and funding: Would create the Agua Caliente Settlement Trust Fund with four accounts to finance development, groundwater augmentation, management, and O&M. The Secretary would manage investments and environmental compliance costs would largely be paid from the Fund, with $50 million specifically set aside for development projects upon deposit.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 1 benefits, 0 costs, 4 mixed.
Large trust fund and spending rules
If enacted, this bill would create a $500 million Agua Caliente Settlement Trust Fund split into four accounts: $300 million for development, $100 million for groundwater, $50 million for water management, and $50 million for operation and maintenance. $50 million of the development money would be available to the Tribe on deposit. Tribe withdrawals would require a Secretary-approved Tribal management plan and Secretary-approved expenditure plans, and no trust money could be paid per capita to Tribal members. The bill would tie deposits to an "Enforceability Date" and says the United States is not liable to carry out obligations under the Act unless Congress expressly appropriates the money.
Tribal possessory tax replaces county
If enacted, this bill would let the Tribe impose a Tribal Possessory Interest Tax instead of Riverside County's ad valorem tax for possessory interests on the Reservation. The Tribe must distribute Tribal Tax proceeds to local agencies in the same amounts those agencies would have received from the county, and the proceeds can only be used for government and water infrastructure. The Tribal Tax cannot be paid out per capita to Tribal members. The Tribal tax regime would start the first January 1 after the Enforceability Date.
Tribal water rights and waivers
If enacted, this bill would confirm a Tribal groundwater right of up to 20,000 acre-feet per year held in trust for the Agua Caliente Tribe and Allottees, with a priority date no later than the 1876–1877 Executive Orders. The Tribe could use and lease that water, including leases up to 99 years, and the right would not be lost for non-use. At the same time, the Tribe and the United States would be required to execute broad waivers of many pre-Enforceability Date claims, and the bill would toll certain limitation periods from enactment until the Enforceability Date.
Limited U.S. waiver for enforcement
If enacted, this bill would provide a limited waiver of the United States' sovereign immunity to allow courts to compel compliance with this Act and the Settlement Agreement, but only to the extent Federal law allows.
Land transfers and cultural protections
If enacted, this bill would take specified federal parcels into trust for the Tribe on the Enforceability Date and withdraw those parcels from public-land entry and mining laws on enactment. The Secretary must issue trust deeds within ten years. The bill would let the United States sell identified Facility Land to the local water district (CVWD) at fair market value, with CVWD paying appraisal and conveyance costs on a tight timeline. The bill would require environmental reviews under Federal law and make trust funds available to pay many compliance costs. If cultural resources are found during work, CVWD must stop ground disturbance, notify tribal preservation authorities, and follow the Tribe's treatment decisions, including reburial procedures for human remains.
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.
View on Congress.gov