CRIT Water Resiliency Act (S. 3308)

Summary

Gives the Colorado River Indian Tribes the power to lease, trade, or store their share of Colorado River water to benefit the tribes financially.

What problem does this solve?

The Colorado River Indian Tribes could not easily lease or store their water rights off their land to earn money or help with water shortages. This law allows the tribes to make deals to lease, trade, or store their water, creating new income and helping manage water resources.

What does this law do?

Authorizes water lease and exchange agreements

Allows the Colorado River Indian Tribes to enter into agreements to lease or exchange their consumptive water use with others for use off the reservation within specific areas of Arizona.

Authorizes water storage agreements

Allows the tribes to store their water in underground facilities off the reservation, including with the Arizona Water Banking Authority, and to sell the resulting storage credits.

Authorizes water conservation agreements for Lake Mead

Permits the tribes to make deals to conserve water and leave it in Lake Mead, helping to boost the reservoir's water levels.

Requires approval from the Secretary of the Interior

Mandates that the Secretary of the Interior must approve any lease, exchange, or storage agreement made by the tribes to ensure it complies with federal law.

Protects the tribe's permanent water rights

Ensures that any agreement is temporary and does not permanently give away or reduce the tribes' legally decreed water allocation or its priority status.

Protects water rights of individual tribal members (allottees)

States that these agreements cannot interfere with the water entitlements of individual tribal members who hold land allotments and outlines a process for them to seek relief.

Limits United States liability

States the U.S. government is not financially responsible for the agreements and has no duty to manage the money the tribes receive from them.

Who does this affect?

Colorado River Indian Tribes
Water users in Arizona
Department of the Interior

What is the real world impact?

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Provides economic opportunities for the CRIT

Allows the Colorado River Indian Tribes to generate income by leasing or storing their unused water allocation, which can be used for tribal programs and services.

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Increases water management flexibility in Arizona

Creates a new, voluntary source of water for cities and farms in Arizona facing shortages by allowing them to lease water from the tribes, helping address regional drought conditions.

When does this start?

This law became effective on January 5, 2023, but certain agreements require further steps before they can be made.

Agreement between CRIT and Arizona

Before the first lease or storage agreement can be made, the CRIT must enter into an agreement with the State of Arizona about notice and information sharing.

Agreement between CRIT, Arizona, and the Secretary

Before the Secretary of the Interior can approve the first lease or storage agreement, the Secretary, the CRIT, and Arizona must agree on the technical and accounting methods.