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8 are unaffected by the bilL The Indian Intercourse Act of 1834 prohibits the conveyance of Indian land without Con- gressional consent. The Committee's view is that the Inter- course Act probably applies also to conveyances of water rights. See New Mexico v. Aamodt, 537 F, 2d 1102, 1111 (10th Cir. 1976), The intention of the Committee amendment is for the question of the marketability of Indian water rights to be left to future litigation, Simply put, the bill as ordered re- ported and its legislative history are neutral on the ques- tion. The Committee does not intend for this amendment to the bill as introduced to be construed to prohibit, either , expressly or by implication, the sale, exchange, lease or other disposition of water outside the State of Colorado, as contemplated in the Agreement, Likewise, as previously mentioned, by waiving the Indian Intercourse Act the Committee does riot intend, either expressly or by implica- tion, to authorize the sale, exchange, lease or other disposi- tion of water outside the State of Colorado, Committee Amendments Nos, 3-16, The remainder of the Com- mittee amendments are technical in nature and are self-explanato- ry. The Energy and Natural Resources Committee's discussion of the amendment made to subsection (c) of section 5 states that "subsec- tion (c) provides that the water rights confirmed in the Agreement will be governed solely as provided in the Agreement, and that the claims with respect to Federal reserved rights will be extinguished upon entry of the final consent decrees," The explanatory provision of the Committee amendment would indicate that any Federal reserved right would be extinguished upon entry of the final consent decree, including, under the Energy Committee's characterization of Indian reserved water rights as Federal reserved water rights, the extinguishment of Indian re- served water rights, While the members of the Select Committee do not agree with the characterization of Indian reserved water rights as being identical to Federal reserved water rights, any express as- sertion as is contained in the explanation of the energy Committee amendment to section 5(c) that such rights will be extinguished upon entry of the final consent decree, would be totally inconsist- ent with the understanding of the parties and all who have been involved in the Congress' consideration of S, 1415, Le., that while water is being used oil the tribes' reservations or once water has ceased to be used off the reservation, the water has all the charac- teristics that accord to an Indian water right when used on the res- ervation, To represent that the tribes' claims based on their re- served rights are extinguished upon entry of the final consent decree, is to leave the tribes with no legal recourse should any of the benefits contemplated for the tribes under the terms of the set- tlement fail to be forthcoming, The Select Committee on Indian Affairs stl'ongly <lisagreeswith ~ concel?ts ,e~bodied4n the, Et:l;ergy .and Natural Resources Co;m- IDlttee'S disCUSSion of the Cornrmttee's amendlnent number 2 With