Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act
Summary
The Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act aims to resolve water rights claims in California for the Agua Caliente Tribe and the United States acting as trustee. It ratifies an agreement between the Tribe, Coachella Valley Water District (CVWD), and Desert Water Agency (DWA). The Act establishes a trust fund for water-related projects and authorizes land transfers to the Tribe and CVWD.
Expected Effects
This act will provide the Agua Caliente Tribe with a confirmed water right and funding for water infrastructure. It will also resolve existing water rights disputes, potentially leading to more efficient water management in the region. The act also preempts certain local taxes, establishing a tribal tax in their place.
Potential Benefits
- Provides a definitive quantification of the Tribe's water rights, ensuring access to a vital resource.
- Establishes a trust fund to support water infrastructure development and management, improving water reliability for the Tribe and surrounding areas.
- Resolves long-standing water rights disputes, reducing legal uncertainty and fostering cooperation.
- Transfers federal land into trust for the Tribe, expanding their reservation and providing additional resources.
- Promotes tribal self-determination by granting the Tribe authority over its water resources.
Potential Disadvantages
- Preemption of Riverside County property tax on possessory interests could impact local government revenues, requiring careful management of the Tribal Tax to offset potential losses.
- Potential for increased complexity in water management due to the introduction of a Tribal Production Fee and other tribal water fees.
- The Act's reliance on future appropriations may create uncertainty if Congress does not fully fund the settlement.
- Potential for disputes over the implementation of the Tribe's Water Ordinance and the allocation of water rights among allottees.
- Environmental compliance costs associated with water projects may strain the trust fund.
Constitutional Alignment
This Act aligns with the Constitution through the Commerce Clause (Article I, Section 8), which grants Congress the power to regulate commerce with Indian tribes. It also aligns with the federal government's trust responsibility to Native American tribes, which has been recognized by the Supreme Court. The Act's provisions regarding water rights and land transfers are consistent with the federal government's authority over tribal affairs.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).