Page:United States Statutes at Large Volume 118.djvu/3465

 118 STAT. 3435 PUBLIC LAW 108–447—DEC. 8, 2004 (i) a due process system for the consideration and determination of any request by an allottee, or any successor in interest to an allottee, for an allocation of such water for irrigation purposes on allotted land, including a process for an appeal and adjudication of denied or disputed distribution of water and for resolution of contested administrative decisions; and (ii) a process to protect the interests of allottees when entering into any lease under subsection (e). (2) SECRETARIAL APPROVAL.—Any provision of the water code and any amendments to the water code that affect the rights of the allottees shall be subject to approval by the Sec retary, and no such provision or amendment shall be valid until approved by the Secretary. (3) INTERIM ADMINISTRATION.—The Secretary shall admin ister the consumptive use reserved water right until such date as the water code described in paragraph (2) has been enacted by the Tribe and the Secretary has approved the relevant portions of the water code. (c) EXHAUSTION OF REMEDIES.—Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381) or other applicable law, a claimant shall exhaust remedies available under the Tribe’s water code and Tribal law. (d) PETITION TO THE SECRETARY.—Following exhaustion of rem edies in accordance with subsection (c), a claimant may petition the Secretary for relief. (e) SATISFACTION OF CLAIMS.— (1) IN GENERAL.—The water rights and other benefits granted or confirmed by the Agreement and this Act shall be in full satisfaction of all claims for water rights and injuries to water rights of the allottees. (2) SATISFACTION OF ENTITLEMENTS.—Any entitlement to water of any allottee under Federal law shall be satisfied out of the consumptive use reserved water right. (3) COMPLETE SUBSTITUTION.—The water rights, resources, and other benefits provided by this Act are a complete substi tution for any rights that may have been held by, or any claims that may have been asserted by, allottees within the exterior boundaries of the Reservation before the date of enact ment of this Act. (f) ABANDONMENT, FORFEITURE, OR NONUSE.—The consumptive use reserved water right and the springs or fountains water right shall not be subject to loss by abandonment, forfeiture, or nonuse. (g) LEASE OF WATER.— (1) IN GENERAL.—Subject to the water code, the Tribe, without further approval of the Secretary, may lease water to which the Tribe is entitled under the consumptive use reserved water right through any State water bank in the same manner and subject to the same rules and requirements that govern any other lessor of water to the water bank. (2) FUNDS.—Any funds accruing to the Tribe from any lease under paragraph (1) shall be the property of the Tribe, and the United States shall have no trust obligation or other obligation to monitor, administer, or account for any consider ation received by the Tribe under any such lease.

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