Page:United States Statutes at Large Volume 124.djvu/3131

 124 STAT. 3105 PUBLIC LAW 111–291—DEC. 8, 2010 (2) ENTITLEMENT TO WATER.—Any entitlement to water of an allottee under Federal law shall be satisfied from the tribal water rights. (3) ALLOCATIONS.—Allottees shall be entitled to a just and equitable allocation of water for irrigation purposes. (4) 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 any other applicable law, an allottee shall exhaust remedies available under the tribal water code or other applicable tribal law. (5) CLAIMS.—Following exhaustion of remedies available under the tribal water code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of Feb- ruary 8, 1887 (25 U.S.C. 381), or other applicable law. (6) AUTHORITY.—The Secretary shall have the authority to protect the rights of allottees as specified in this section. (e) AUTHORITY OF TRIBE.— (1) IN GENERAL.—Except as provided in paragraph (2), the Tribe shall have authority to allocate, distribute, and lease the tribal water rights— (A) in accordance with the Compact; and (B) subject to approval of the Secretary of the tribal water code under subsection (f)(3)(B). (2) LEASES BY ALLOTTEES.—Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land. (f) TRIBAL WATER CODE.— (1) IN GENERAL.—Notwithstanding the time period set forth in article IV(A)(2)(b) of the Compact, not later than 3 years after the date on which the Tribe ratifies the Compact as set forth in section 410(e)(1)(E), the Tribe shall enact a tribal water code, that provides for— (A) the management, regulation, and governance of all uses of the tribal water rights in accordance with the Compact; and (B) establishment by the Tribe of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the tribal water rights in accordance with the Compact. (2) INCLUSIONS.—Subject to the approval of the Secretary, the tribal water code shall provide that— (A) tribal allocations of water to allottees shall be satisfied with water from the tribal water rights; (B) charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis; (C) there is a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this title; (D) there is a due process system for the consideration and determination by the Tribe 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— (i) appeal and adjudication of any denied or dis- puted distribution of water; and Deadline.