Native American Water Rights Settlement Project
 

Title

Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act

Alternative Title

Water Infrastructure Improvements for the Nation Act (WIIN Act); Title III - Natural Resources; Subtitle D—Pechanga Water Rights Settlement

Tribes

Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation

Settlement

Pechanga Band of Luiseño Mission Indians Water Rights Settlement

Reservation

Pechanga Indian Reservation

State

CA

Watershed

California Region

HUC Refined

Santa Margarita River Watershed

Litigation

United States v. Fallbrook Public Utility District et al., Civ. No. 3:51–cv–01247 (S.D.C.A.)

Document Type

Federal legislation

Publisher

United States 114th Congress

Publication Date

12-16-2016

Abstract

Federal Legislation: Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act (WIIN Act of 2016, Title III - Natural Resource, Subtitle D). Parties: Pechanga Band of Luiseño Mission Indians, United States. The lead agency for environmental compliance is the Bureau of Reclamation. The Act confirms the Tribal water right as The Act designates that 1) the rights of allottees are protected; 2) a Tribal Water Right of up to 4,994 acre-feet of water per year is confirmed in accordance with Interlocutory Judgement No. 41 as affirmed by the Fallbrook Decree; 3)water right can be used for any purpose; 4) the right will be held in trust by the US for the Band and the Allottees; 5) with priority as set forth in Fallbrook Decree; 6) the right is not subject to forfeiture or abandonment. Allottee rights will be satisfied from Tribal Water Right.the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right. Leasing allowed by Allottees. Provides for development of tribal water code. Adjudication Court must enter a final judgment & decree. Act provides for a Pechanga Settlement Fund. Band may submit an expenditure plan to the Secretary. Various agreements are designated. Water facilities are to be built including recycled water infrastructure. Act provides for interim and permanent capacity. Settlement agreement to be reconciled with this Act. [Source: https://www.congress.gov/bill/114th-congress/senate-bill/612/text]

Comments

Winn Act - 227 pages, Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act- 20 pages, Sec. 3401-3413

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