Padilla Advocates for Advancement of Tribal Sovereignty, Water Security Bills

WASHINGTON, D.C. - Today, U.S. Senator Alex Padilla (D-Calif.) testified at a Senate Committee on Indian Affairs hearing to advocate for critical water investments for California Tribes. As the Committee considered Padilla's Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act and Pechanga Band of Indians Water Rights Settlement Technical Amendments Act, Padilla detailed the essential and long overdue need for water resource security and authority.

In his remarks, Padilla recognized the Pechanga Band of Indians and their commitment to protecting land and water resources in California's Temecula Valley. Padilla highlighted his bill that would help fulfill the federal government's long-standing responsibility to protect Tribal water resources and update the Tribe's water rights settlement to allow current and future trust lands to be eligible for the Tribe's water rights, ultimately improving long-term water supply and sustainability.

"For generations, the Pechanga Band of Indians has been a dedicated steward of land and water resources in the Temecula Valley, Pechanga's water rights settlement was codified in 2016 and made fully enforceable in 2020," said Senator Padilla. "The Tribe has worked with the surrounding water users to develop agreements on water rights and to protect the Santa Margherita River watershed. I urge my colleagues to support this technical fix that would preserve Pechanga's sovereignty over their water rights."

Padilla then addressed the need to support the Agua Caliente Band of Cahuilla Indians to secure its sovereign authority over its water resources and trust lands. He emphasized his bill that would ratify a historic agreement between the Agua Caliente Band of Cahuilla Indians, the United States government, the Coachella Valley Water District, and the Desert Water Agency. The bill would also establish a fund to support critical water infrastructure investments as part of the settlement and transfer additional land administered by the Bureau of Land Management into trust for the Tribe.

"The Agua Caliente's land is held in a distinct checkerboard pattern of land ownership, interspersed with railroad and private property. As you might imagine, it has been quite challenging to resolve how to manage groundwater that is overlain by multiple checkerboard landowners, all of whose actions affect the groundwater below, not just their own property but also their neighbors," continued Senator Padilla. "All parties reached a comprehensive agreement last May to secure the Tribe's federally reserved water rights and to promote the Tribe's sovereign authority over its water resources and trust lands. The Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act would ratify this agreement."

Padilla has been a strong advocate for strengthening water resilience across California and advancing partnerships with Tribal communities to secure sustainable water resources. In 2023, President Biden signed into law legislation supported by Padilla to restore Tribal stewardship of sacred lands and ensure federal land management respects Tribal sovereignty. The package included provisions to take more than 2,500 acres of land in the San Jacinto Mountains into trust for the Agua Caliente Band of Cahuilla Indians, place roughly 1,000 acres of federal land in Humboldt and Siskiyou counties into trust for the Karuk Tribe, and authorize the Bureau of Land Management to sell or lease certain public lands to Tribes below market value for public and recreational uses.

Video of Padilla's testimony is available here.

Transcript of Padilla's remarks is available below:

Thank you, Madam Chair. And before I begin, I also want to take a moment, Madam Chair, to thank you and your staff for your assistance on the conservation and tribal lands bills that we discussed earlier today in the Energy and Natural Resources Committee. But both Chairman Murkowski and Vice Chairman Schatz, I appreciate you convening this hearing to discuss important Tribal water settlement bills, including two in California. I also want to thank you and your teams for all your hard work on behalf of Indian Country.

I want to recognize Council Member Chacon from the Pechanga Band of Indians and Chairman Gruby from the Agua Caliente Band of Cahuilla Indians. I thank them both for their service, for their leadership, for being here today, and for testifying at today's hearing. For generations, the Pechanga Band of Indians has been a dedicated steward of land and water resources in the Temecula Valley, Pechanga's water rights settlement was codified in 2016 and made fully enforceable in 2020. The Pechanga Band of Indians Water Rights Settlement Technical Amendments Act would update the Tribe's water rights settlement to allow current and future trust lands to be eligible for the Tribe's water rights. The legislation would also expand allowable uses of the water quality fund to reflect modern water quality challenges, such as the challenges raised by PFAS and other emerging contaminants. These technical updates are important for public health, long-term water supply, and sustainability in the region. The Tribe has worked with the surrounding water users to develop agreements on water rights and to protect the Santa Margherita River watershed. I urge my colleagues to support this technical fix that would preserve Pechanga's sovereignty over their water rights.

The second bill I have before you today would support the historic settlement for the Agua Caliente Band of Cahuilla Indians. In a 2017 ruling, the U.S. Court of Appeals for the Ninth Circuit issued the first controlling federal appellate decision explicitly extending to groundwater, the Winter's Doctrine, which establishes federal reserved water rights for Tribes. This ruling means that the federal government reserved groundwater rights along with the land when Agua Caliente Reservation was created. The Agua Caliente's land is held in a distinct checkerboard pattern of land ownership, interspersed with railroad and private property. As you might imagine, it has been quite challenging to resolve how to manage groundwater that is overlain by multiple checkerboard landowners, all of whose actions affect the groundwater below, not just their own property but also their neighbors. So I commend all the dedicated efforts to negotiate an agreement over the last few years by Agua Caliente, the United States government, the Coachella Valley Water District, and the Desert Water Agency. All parties reached a comprehensive agreement last May to secure the Tribe's federally reserved water rights and to promote the Tribe's sovereign authority over its water resources and trust lands. The Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act would ratify this agreement. This bill also includes provisions to establish a fund to support critical water infrastructure investments as part of the settlement, and to transfer additional land administered by the Bureau of Land Management into trust for the Tribe.

And before I conclude, I just want to highlight the broad support for this bill. I'd like to enter into the record 11 letters of support, ranging from the state of California, the county of Riverside, local municipalities, and Southern California Tribes. Chairman Murkowski and Vice Chairman Schatz, thank you again for all your work and for allowing me to testify in support of these important bills.

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