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Colorado River Indian Tribes Water Resiliency Act of 2022

Public Law 117-343 · S. 3308 · 117th Congress · began in the Senate

Signed by Joe Biden (D) on Jan 5, 2023 · Transportation and Public Works

Sponsor: Sen. Mark Kelly (D-AZ)

Cosponsors (3): Sen. Kyrsten Sinema,

Passage votesYeaNay

  • HouseRecorded vote: 397 yea, 12 nay397–12
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

This act authorizes the Colorado River Indian tribes (CRIT) to enter into agreements for the transfer or storage of a portion of its water allocation to be used in other locations in Arizona. The CRIT include four Indian tribes—the Mohave, Chemehuevi, Hopi, and Navajo. The reservation is located along the Colorado River in both Arizona and California.

(Sec. 4) The CRIT is authorized to enter into an agreement to lease or exchange a portion of the CRIT's consumptive use of water for use off the reservation if the receiving facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of a lease under this section must not exceed 100 years.

(Sec. 5) The CRIT is authorized to enter into a storage agreement, including with the Arizona Water Banking Authority, for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under this act, at one or more underground storage facilities or groundwater savings facilities off the reservation if the facility is located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona.

(Sec. 6) The CRIT is authorized to enter into an agreement for water conservation or other methods for voluntarily leaving a portion of the CRIT reduced consumptive use in Lake Mead, which is located in Arizona and Nevada. If the conserved water is delivered, the delivery must be located in the Lower Basin of the Colorado River in Arizona and is not located in Navajo, Apache, or Cochise counties in Arizona. The term of an agreement under this section must not exceed 100 years.

(Sec. 7) This section grants authority to the Department of the Interior to approve or disapprove of an agreement under this act. Interior is also authorized to enter into agreements with CRIT under this act, provided Interior pays fair market value for the reduced consumptive use. Among other requirements, Interior must ensure that water agreements under this act do not permanently alienate any portion of the CRIT water allocation.

(Sec. 8) Interior, when approving an agreement under this act, must ensure that such agreement complies with the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and other federal environmental laws.

(Sec. 9) The CRIT must enter into an agreement with the state of Arizona prior to entering into an agreement under this act. The agreement with Arizona must outline all notice, information sharing, and collaboration requirements.

(Sec. 10) Interior must enter into an agreement with the state of Arizona and the CRIT describing the procedural, technical, and accounting methodologies for an agreement under this act.

(Sec. 11) This section reserves the CRIT's allocated water rights, including by ensuring that no agreement reduces or limits the right of the CRIT to use the remaining portion of their allocation.

(Sec. 12) This section prohibits an agreement under this act from interfering with an allottee's water rights.

(Sec. 13) This section establishes that the CRIT is entitled to all consideration from an agreement under this act.

(Sec. 14) The United States has limited liability against claims under this act, except for those relating to the above environmental requirements.

Who voted for it

Every House member of the 117th Congress on the ideology compass. Highlighted: the 397 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

397 yea12 nay21 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(212)

Republicans who voted yea(185)

Data notes

The House’s recorded vote on the final version of the law (roll call 985 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • H.R. 5118Related bill

    Continental Divide Trail Completion Act

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 22 actions.

  1. Jan 5, 2023Became lawBecame law · Became Public Law No: 117-343.
  2. Became lawBecame law · Signed by President.
  3. Dec 28, 2022FloorFloor · Presented to President.
  4. Dec 22, 2022FloorFloor · By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-286.
  5. Dec 21, 2022FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  6. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 397 - 12 (Roll no. 538).House roll call 538
  7. FloorFloor · Considered as unfinished business.
  8. FloorFloor · At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  9. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 3308.
  10. FloorFloor · Considered under suspension of the rules.
  11. FloorFloor · Mrs. Peltola moved to suspend the rules and pass the bill.
  12. FloorFloor · Held at the desk.
  13. FloorFloor · Received in the House.
  14. Dec 20, 2022FloorFloor · Message on Senate action sent to the House.
  15. Dec 19, 2022FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  16. CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.
  17. CommitteeCommittee · Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.
  18. Nov 16, 2022CommitteeCommittee · Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
  19. Mar 23, 2022CommitteeCommittee · Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.
  20. CommitteeCommittee · Hearings by Senate Indian Affairs Committee
  21. Dec 2, 2021CommitteeCommittee · Read twice and referred to the Committee on Indian Affairs.
  22. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

No amendments to this bill are on record.

Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.