San Luis Rey Indian Water Rights Settlement Act

(Senate agreed to House amendment with an amendment)

Title I: San Luis Rey Indian Water Rights Settlement - San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States, local entities, and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California).

Establishes the San Luis Rey Tribal Development Fund and authorizes appropriations to the fund. Directs the Secretary of the Treasury to allocate and make available, following execution of the settlement agreement, judgments, and other specified final dispositions, fund assets as are requested by the San Luis Rey River Indian Water Authority (an intertribal Indian entity established by the Bands).

Authorizes and directs the Secretary of the Interior, subject to the provisions of the settlement agreement, to arrange for the development of supplemental water for the benefit of the Bands and the local entities. Sets conditions on the delivery of water for the use of such Bands and entities.

Prohibits the United States from bearing the costs of developing and delivering such supplemental water.

Directs the Secretary to: (1) report to specified congressional committees on the Secretary's recommendations for providing a supplemental water source, the method of financing, and the proposed form of contract for such water delivery; and (2) execute the necessary contracts and carry out the recommended program 60 calendar days after submission of the report, unless otherwise directed by the Congress.

Recognizes and approves the establishment of the San Luis Rey Indian Water Authority as a permanent inter-tribal entity pursuant to duly adopted ordinances. Sets limitations on the Authority's power to amend or repeal such ordinances. Provides for the status of the Authority as an Indian entity under Federal law, with which the United States has a trust relationship. Prescribes the general powers of the Authority to enter into agreements, invest funds, and exercise other spending authorities.

States that the Secretary and the Attorney General and the Bands are authorized to enter into the settlement agreement.

Sets forth the authority of the Federal Energy Regulatory Commission over power facility licenses diverting river waters, subjecting them to the settlement agreement and prohibiting any interference with the terms of the agreement.

Provides that the Secretary is exclusively authorized, subject to Band approval, to lease, grant rights-of-way across, or transfer title to any Indian or other land which is used in connection with operation of the system to divert San Luis Rey River waters originating above the Escondido Canal intake or the supplemental waters. Entitles Indians to compensation for any taking of land.

States that no provision of this title shall be construed as: (1) authorizing Federal acquisition of any water or power supply or transmission facility through the power of eminent domain; or (2) creating any implication with respect to the status of the Indian Water Authority under other law.

Title II: All American Canal Lining - Authorizes the Secretary, in order to reduce water seepage, to construct a new lined canal or to line unlined portions of the All American Canal and to take action to replace fish and wildlife values adjacent to the canal foregone as a result of the lining of the canal or to mitigate resulting impacts on fish and wildlife resources. Authorizes construction and funding agreements for such work with specified California irrigation district and water district contractors. States that title to any constructed works shall remain with the United States. States that no Federal funds are authorized to be appropriated for the construction of the works.

Authorizes use of conserved water for the San Luis Rey River Indian water rights settlement and for beneficial comsumptive use in California.

Places conditions on any action by the Secretary to use, sell, grant, dispose, lease, or provide rights-of-way across Federal public domain lands located within the All American Canal service area.

Requires any canal lining or construction agreement with the Metropolitan Water District of Southern California to require a water conservation study evaluating pricing options, demand elasticity, and water savings under each option. Sets forth pricing alternatives to be evaluated, including dry year surcharges and public hearings regarding the study.

Directs the Secretary to submit to the Congress a report describing current conditions of habitats and water requirements at the Salton Sea National Wildlife Refuge, California.