A bill to establish the Federal Board on Indian Water Rights Disputes to provide a forum for resolving disputes concerning Indian water rights in a fair and expeditious manner and to authorize the payment of legal fees of parties litigating such disputes.
Indian Water Rights Disputes Act - Establishes the Federal Board on Indian Water Rights Disputes to: (1) assist in dispute resolution of Indian water rights; (2) investigate disputes and issue findings of fact and conclusions of law; (3) monitor Indian water usage; and (4) mediate Indian water rights disputes. Provides procedural guidelines for Board adjudication and mediation of disputes. Requires the Board to monitor on a continuing basis water use in disputed areas.
Sets membership and appointment guidelines for the Board, including vacancies, terms of office and removal procedures. Requires that a minimum of three members shall be members of the bar of the Supreme Court at all times.
Prohibits Board members from representing anyone in any Indian water rights matter for a maximum of two years after leaving office or during such term of office.
Authorizes the Board to obtain staff and consulting services. Grants the Board powers to: (1) conduct hearings; (2) obtain data; and (3) issue subpoenas.
Grants the Federal courts of appeals exclusive jurisdiction to review final Board determinations subject to review by the Supreme Court. Grants the Board original, exclusive jurisdiction over Indian water rights disputes after passage of this Act. Makes technical and conforming amendments.
Directs the Board to award specified litigants reasonable and necessary legal fees if the Board (or a court) finds the position of such litigants was substantially justified and the action was brought by the United States or an Indian tribe. Specifies circumstances under which the Board (or a court) is authorized to modify or deny such awards.
Introduced in House
Introduced in House
Referred to House Committee on Interior and Insular Affairs.
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