Tule River Tribe Reserved Water Rights Settlement Act of 2025
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Would ratify a long-negotiated water rights settlement for the Tule River Indian Tribe of California, confirming the Tribe's right to divert up to 5,828 acre-feet of water per year from the South Fork Tule River and authorizing $568 million to fund water infrastructure projects.
The bill would also transfer more than 10,000 acres of federal and tribal fee lands into trust for the Tribe, and would provide a framework for resolving remaining disputes over reservoir operation rules through the federal courts.
What this bill would do
What it would do
The bill would authorize, ratify, and confirm a 2007 water rights settlement agreement among the Tule River Indian Tribe, the South Tule Independent Ditch Company, and the Tule River Association, directing the Secretary of the Interior to execute the agreement. It would formally confirm the Tribe's right to divert and use up to 5,828 acre-feet per year of surface water from the South Fork Tule River, held in trust by the United States, and protected from loss through non-use or abandonment. It would establish the Tule River Indian Tribe Settlement Trust Fund with two accounts — one for water development projects ($518 million) and one for operation, maintenance, and replacement ($50 million) — and transfer thousands of acres of Bureau of Land Management lands, Sequoia National Forest lands, and tribally owned fee lands into federal trust for the Tribe.
The bill would not take effect until an "Enforceability Date" — when the Secretary publishes Federal Register findings that the agreement has been amended, executed, funded, and approved by a federal court decree. The Act would expire if those findings are not published within eight years of enactment. Lands transferred into trust would be explicitly ineligible for Class II or Class III gaming.
Key provisions
- 1Would authorize, ratify, and confirm the 2007 water rights settlement agreement among the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and direct the Secretary of the Interior to execute it.
- 2Would confirm the Tribe's right to divert and use up to 5,828 acre-feet per year of surface water from the South Fork Tule River, held in federal trust and protected from forfeiture or abandonment.
- 3Would establish the Tule River Indian Tribe Settlement Trust Fund with separate accounts for water development projects and for operation, maintenance, and replacement of those projects.
- 4Would appropriate $518,000,000 for water development projects and $50,000,000 for operation, maintenance, and replacement, with amounts subject to adjustment for construction cost inflation.
- 5Would transfer approximately 9,037 acres of Sequoia National Forest lands, Bureau of Land Management parcels, and tribally owned fee lands into federal trust for the benefit of the Tribe as part of the Reservation.
- 6Would require the Tribe and the United States as trustee to waive and release water rights claims against California and other parties accruing before the Enforceability Date, while retaining claims under environmental laws and post-Enforceability Date rights.
- 7Would vest the U.S. District Court for the Eastern District of California with exclusive jurisdiction to approve the water right and agreement, resolve operation rules disputes, and enforce the settlement.
Who would be affected
The Tule River Indian Tribe and its members on the Tule River Reservation in Tulare County, California, who would gain secure water rights and infrastructure funding. Downstream water users — including the South Tule Independent Ditch Company, the Tule River Association, and other South Fork Tule River Basin rights holders — whose water allocations are defined relative to the Tribe's confirmed right. The Department of the Interior and Forest Service, which would manage the trust fund and execute land transfers.
Why it matters
If enacted, the Tribe would receive a legally secured, federally protected water right and $568 million to build water treatment, storage, and distribution infrastructure on the reservation — resolving claims that have been in negotiation since at least 2007. Downstream users would gain long-term certainty about their own allocations. The land transfers would add over 10,000 acres — including Sequoia National Forest watershed lands — to the tribal reservation.
What would change
Agencies directed to act
Effective dates
- Federal lands within described parcels withdrawn from entry, mining, and mineral leasing
- Trust fund distributions, land transfers, and waivers and releases of claims all become effective
- Secretary must issue trust deeds for all land transfers
- Act expires if Secretary has not published required findings
Funding and costs
- $518,000,000
Tule River Tribe Water Development Projects Account — to plan, design, and construct water supply, treatment, storage, and distribution infrastructure on the Reservation
- $50,000,000
Tule River Tribe OM&R Account — for operation, maintenance, and replacement of water development projects
- $20,000,000
Technical studies and investigations regarding the Phase I Reservoir and establishment of appropriate Operation Rules, drawn from the Water Development Projects Account
Congressional Budget Office estimate
CBO estimates S. 689 would increase the federal deficit by $902 million over the 2025–2035 period, primarily due to the transfer of a settlement trust fund — including accrued interest — to the Tule River Tribe.
CBO estimates the bill would increase direct spending (mandatory outlays) by $902 million over the 2025–2035 period, with no effect on revenues, resulting in a net increase in the deficit of the same amount. The dominant cost driver is the appropriation of $695 million to capitalize a Tule River Indian Tribe Settlement Trust Fund, plus an estimated $207 million in interest credited to the fund; CBO expects both amounts to be transferred to the tribe in 2033 once settlement conditions are met. Spending subject to annual appropriations (discretionary) would be less than $500,000 per year, totaling about $1 million over 2025–2030. The bill contains intergovernmental mandates — including waivers of tribal water-rights claims and restrictions on taxing land transferred to the tribe — but CBO could not determine whether their aggregate cost would exceed the UMRA annual threshold of $103 million; it contains no private-sector mandates.
How implementation would work
The bill's operative provisions would not take effect until the Secretary of the Interior publishes Federal Register findings confirming that the 2007 Agreement has been amended, executed by all parties, funded, and approved by a final federal court decree. The Tribe and parties may file suit in the Eastern District of California to obtain that decree; if parties cannot agree on reservoir operation rules, the court may select among proposed rules or refer parties to voluntary dispute resolution. Once the Enforceability Date arrives, the Tribe may withdraw trust funds through a Secretary-approved tribal management plan under the American Indian Trust Fund Management Reform Act of 1994, or through an approved expenditure plan. The Tribe must file annual expenditure reports. Trust deeds for all land transfers must be issued within 10 years of the Enforceability Date.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 75.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill recognizes and settles the water rights of the Tule River Indian Tribe of the Tule River Reservation in California. It also establishes and provides funding for a settlement trust fund.
Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the tribe, the South Tule Independent Ditch Company, and the Tule River Association, thus satisfying claims to water rights in California.
Additionally, the bill outlines the tribe's water rights, including the right to divert and use 5,828 acre-feet of water per year from the South Fork Tule River.
Next, the bill establishes and provides funding for the Tule River Indian Tribe Settlement Trust Fund. Amounts deposited in this trust fund shall be made available to the tribe for water development projects.
The bill also transfers specified lands, including a portion of federal lands in the Sequoia National Forest, into trust for the benefit of the tribe.
The bill outlines waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement.
Legislative subjects
California; Federal-Indian relations; Government trust funds; Indian claims; Indian lands and resources rights; Lakes and rivers; Land transfers; Native Americans; Water quality; Water use and supply
Committee report
S. Rept. 119-22