S. 3308 — what changed

changed to authorize the CRIT to enter into lease or exchange agreements and agreements, storage agreements, and agreements for conserved water for the economic well-being of the CRIT; and

changed to authorize the Secretary to approve any lease or exchange agreements or agreements, storage agreements, or agreements for conserved water entered into by the CRIT.

changed Person—Lower basin— The term person means an individual, a public or private corporation, a company, a partnership, a joint venture, a firm, an association, a society, an estate or trust, a private organization or enterprise, Lower Basin has the United States, any Indian Tribe, a governmental entity, or a political subdivision or municipal corporation organized under, or subject to, meaning given the constitution and laws term in article II(g) of the State.Colorado River Compact of 1922, as approved by Congress in section 13 of the Boulder Canyon Project Act (43 U.S.C. 617l) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000).

changed Authorization— Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) (25 U.S.C. 177) or any other provision of law, the CRIT is authorized to, authorized, subject to the approval of the Secretary under section 6(a), 7(a), and has the sole authority to, authority, to enter into, with any person, an agreement to lease or exchange, or an option to lease or exchange, a portion of the consumptive use for a use off the Reservation (referred to in this Act as a “lease or exchange agreement”), on subject to the condition conditions that the use off the Reservation is located in the Lower Basin in the State and is not located in the counties of Navajo, Apache, or Cochise in the State.

changed Modifications— Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 6(a), on 7(a), subject to the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years.

changed Authorization— Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) (25 U.S.C. 177) or any other provision of law, the CRIT is authorized to, authorized, subject to the approval of the Secretary under section 6(a), 7(a), and has the sole authority to, authority, to enter into an agreement, including with the Arizona Water Banking Authority (or a successor agency or entity), for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under section 4, at 1 or more underground storage facilities or groundwater savings facilities off the Reservation (referred to in this Act as a “storage agreement”), on subject to the condition conditions that the facility shall be is located in the Lower Basin in the State and is not located in the counties of Navajo, Apache, or Cochise in the State.

changed Applicable law—Modifications— Any storage agreement entered into under this section shall subsection (a) may be in accordance with applicable Federal and State law.renegotiated or modified at any time during the term of the storage agreement, subject to the approval of the Secretary under section 7(a).

changed Delegation of rights—Applicable law— The CRIT may assign or sell any longterm storage credits accrued as a result of a Any storage agreement, on the condition that the assignment or sale is agreement entered into under subsection (a) shall be in accordance with applicable Federal and State law.

changed Authorization— The Secretary shall approve Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) (25 U.S.C. 177) or disapprove any lease or exchange agreement, or other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 7(a), and has the sole authority, to enter into, with any modification person, an agreement for conserved water, subject to the conditions that if the conserved water is delivered, the delivery is to a lease or exchange agreement, location in the Lower Basin in the State and is not to a location in the counties of Navajo, Apache, or any storage agreement.Cochise in the State.

changed Other requirements—Modifications— The requirement Any agreement for Secretarial approval conserved water entered into under subsection (a) shall satisfy may be renegotiated or modified at any time during the requirements of section 2116 term of the Revised Statutes (commonly known as agreement for conserved water, subject to the “Indian Trade and Intercourse Act”) (25 U.S.C. 177).approval of the Secretary under section 7(a).

changed Authority of the Secretary—Applicable law— Nothing in this Act, or any Any agreement for conserved water entered into or approved by the Secretary under this Act, including subsection (a), and any lease or exchange agreement or storage agreement, shall diminish or abrogate the authority use of the Secretary to act under applicable conserved water, shall be in accordance with Federal law or regulation, law, including the Consolidated Decree.any program authorized by Federal law.

changed Compliance—Authorization— The Secretary, when approving a lease or exchange agreement or a storage agreement under this Act, Secretary shall ensure such agreement complies with—approve or disapprove any—

changed the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);lease or exchange agreement;

changed the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); andmodification to a lease or exchange agreement;

changed all other applicable Federal environmental laws.storage agreement;

changed Documentation—Secretarial agreements— The Secretary shall document any is authorized to enter into a lease or exchange agreement or agreement, a storage agreement, or an agreement in for conserved water with the Water Accounting Report.CRIT, subject to the condition that the Secretary pays the fair market value for the CRIT reduced consumptive use.

changed In general—Compliance— Prior to entering into the first When approving a lease or exchange agreement or agreement, a storage agreement, the CRIT shall enter into or an agreement for conserved water, the Secretary shall promptly comply with all aspects of the State that outlines National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all notice, information sharing, other applicable environmental laws and collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into.regulations.

changed Requirement—Documentation— The agreement under subsection (a) Secretary shall include a provision that requires the CRIT to submit to the State all documents regarding a potential document any lease or exchange agreement or agreement, storage agreement.agreement, or agreement for conserved water in the Water Accounting Report.

changed In general— Prior to approving Before entering into the first lease or exchange agreement or storage agreement under section 6, agreement, the Secretary CRIT shall enter into an agreement with the State and the CRIT that describes the procedural, technical, outlines all notice, information sharing, and accounting methodologies for collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting.into.

changed NEPA—Requirement— The execution of the agreement required under subsection (a) shall not constitute include a major Federal action for purposes of provision that requires the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CRIT to submit to the State all documents regarding a potential lease or exchange agreement or storage agreement.

changed Temporary use—In general— A Before approving the first lease or exchange agreement or storage agreement—agreement under section 7, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting.

changed Reservation of rights—Effect— The lease, exchange, or storage of a portion of the consumptive use shall not reduce or limit Nothing in this Act prohibits the right of Secretary from agreeing with the CRIT to use and the remaining portion of State to a modification to an agreement entered into under subsection (a) (including an appendix or exhibit to the decreed allocation on agreement) if the Reservation.modification—

changed Interference—Temporary use— The lease, exchange, A lease or storage of exchange agreement, a portion of the consumptive use shall not directly or indirectly interfere with, storage agreement, or diminish, any entitlement to water for an allottee under Federal or Tribal law.agreement for conserved water—

changed Relief under Tribal law—Reservation of rights— Prior to asserting any claim against The lease, exchange, storage, or conservation of a portion of the United States pursuant consumptive use shall not reduce or limit the right of the CRIT to use the Act, or any other applicable law, an allottee shall exhaust all remedies available under applicable Tribal law.remaining portion of the decreed allocation on the Reservation.

changed Relief under the Indian General Allotment Act—Storage agreements— Following an exhaustion of remedies available under applicable Tribal law, an allottee may seek relief A storage agreement entered into under this Act shall account for the Act, or any other quantity of water in storage off the Reservation in accordance with applicable State law.

changed In general—Limitation of liability— This Act The United States shall apply only not be liable to the portion of CRIT or to any party to a lease or exchange agreement, a storage agreement, or an agreement for conserved water in any claim relating to the decreed allocation that is available negotiation, execution, or approval of any lease or exchange agreement, storage agreement, or agreement for use conserved water, including any claim relating to the terms included in such an agreement, except for claims relating to the State.requirements of section 8(a).

changed Requirement—Obligations— The portion of the decreed allocation described in subsection (a) United States shall not be used, directly have no trust obligation or indirectly, outside the Lower Basin in the State.other obligation to monitor, administer, or account for—

changed In general— Nothing in this This Act establishes, or shall be considered only apply to establish, a precedent the portion of the decreed allocation that is available for use in any litigation involving, or alters, affects, or quantifies, any water right with respect to—the State.