II 

118TH CONGRESS 

2D SESSION S. 4705 

To approve the settlement of water rights claims of the Yavapai-Apache 

Nation in the State of Arizona, to authorize construction of a water 

project relating to those water rights claims, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11 (legislative day, JULY 10), 2024 

Mr. KELLY (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To approve the settlement of water rights claims of the 

Yavapai-Apache Nation in the State of Arizona, to authorize construction of a water project relating to those 

water rights claims, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Yavapai-Apache Nation Water Rights Settlement Act of 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

TITLE I—YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT 

AGREEMENT 

Sec. 101. Ratification and execution of the Yavapai-Apache Nation Water 

Rights Settlement Agreement. 

Sec. 102. Water rights. 

Sec. 103. Tu ́ n ́lnı ́choh Water Infrastructure Project. 

Sec. 104. Tu ́ n ́lnı ́choh Water Infrastructure Project Fund. 

Sec. 105. Yavapai-Apache Nation Water Settlement Trust Fund. 

Sec. 106. Gaging station. 

Sec. 107. Funding. 

Sec. 108. Waivers, releases and retentions of claims. 

Sec. 109. Satisfaction of water rights and other benefits; effect on members of 

the Yavapai-Apache Nation and Dinah Hood Allotment. 

Sec. 110. Trust land. 

Sec. 111. Yavapai-Apache Nation Cap Water. 

Sec. 112. Enforceability date. 

Sec. 113. Administration. 

Sec. 114. Miscellaneous. 

TITLE II—YAVAPAI-APACHE LAND EXCHANGE 

Sec. 201. Yavapai-Apache land exchange. 

Sec. 202. Town of Camp Verde and Forest Service. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to resolve, fully and finally, all claims to 

4 rights to water, including damages claims related to 

5 water, in the State, including in the Verde River 

6 Watershed and the Colorado River, of— 

7 (A) the Yavapai-Apache Nation, on behalf 

8 of the Yavapai-Apache Nation and the Members 

9 of the Yavapai-Apache Nation (but not Mem10 bers in the capacity of the Members as 

11 Allottees); 

12 (B) the United States, acting as trustee 

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1 bers of the Yavapai-Apache Nation (but not 

2 Members in the capacity of the Members as 

3 Allottees); 

4 (2) to authorize, ratify, and confirm the 

5 Yavapai-Apache Nation Water Rights Settlement 

6 Agreement, to the extent that agreement is con7 sistent with this Act; 

8 (3) to authorize and direct the Secretary to exe9 cute and perform the duties and obligations of the 

10 Secretary under the Yavapai-Apache Nation Water 

11 Rights Settlement Agreement and this Act; 

12 (4) to authorize the appropriation of funds nec13 essary to carry out the Yavapai-Apache Nation 

14 Water Rights Settlement Agreement and this Act; 

15 and 

16 (5) to recognize the important cultural, tradi17 tional and religious value of the Verde River to the 

18 Yavepe ́ (Yavapai) who know the Verde River as 

19 Hatayakehela (‘‘big river’’), and to the Dilzhe ̨

20 (Apache) who know the Verde River as Tu ́ n ́lnı ́choh 

21 (‘‘big water flowing’’), and to protect the existing 

22 flows of the Verde River, including flood flows, as 

23 described in the Agreement and this Act, on the 

24 Yavapai-Apache Reservation, now and in the future. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) AFY.—The term ‘‘AFY’’ means acre-feet 

4 per Year. 

5 (2) AGREEMENT.—The term ‘‘Agreement’’ 

6 means (A) the Yavapai-Apache Nation Water Rights 

7 Settlement Agreement dated June 26, 2024; and 

8 (B) any amendment or exhibit (including exhibit 

9 amendments) to the Agreement that are (i) made in 

10 accordance with the Act, or (ii) otherwise approved 

11 by the Secretary and the Parties to the Agreement. 

12 (3) ALLOTTEE.—The term ‘‘Allottee’’ means 

13 (A) an individual Indian holding an undivided frac14 tional beneficial interest in the Dinah Hood Allot15 ment; or (B) an Indian Tribe holding an undivided 

16 fractional beneficial interest in the Dinah Hood Al17 lotment. 

18 (4) ARIZONA WATER BANKING AUTHORITY.— 

19 The term ‘‘Arizona Water Banking Authority’’ 

20 means the Arizona Water Banking Authority, 

21 formed pursuant to A.R.S. §§ 45–2401 et seq. 

22 (5) AVAILABLE CAP SUPPLY.—The term ‘‘Avail23 able CAP Supply’’ means for any Year (A) all 

24 Fourth Priority River Water available for delivery 

25 through the CAP; (B) water available from CAP 

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1 sevelt Dam; and (C) return flows captured by the 

2 Secretary for CAP use. 

3 (6) BUREAU OF RECLAMATION.—The term 

4 ‘‘Bureau of Reclamation’’ means the United States 

5 Bureau of Reclamation. 

6 (7) CAP OR CENTRAL ARIZONA PROJECT.—The 

7 term ‘‘CAP’’ or ‘‘Central Arizona Project’’ means 

8 the reclamation project authorized and constructed 

9 by the United States in accordance with Title III of 

10 the Colorado River Basin Project Act (43 U.S.C. 

11 §1521 et seq.). 

12 (8) CAP CONTRACT.—The term ‘‘CAP Con13 tract’’ means a long-term contract (as defined in the 

14 CAP Repayment Stipulation) with the United States 

15 for delivery of CAP Water through the CAP System. 

16 (9) CAP CONTRACTOR.— 

17 (A) IN GENERAL.—The term ‘‘CAP Con18 tractor’’ means a person or entity that has en19 tered into a CAP Contract. 

20 (B) INCLUSION.—The term ‘‘CAP Con21 tractor’’ includes the Yavapai-Apache Nation. 

22 (10) CAP FIXED OM&R CHARGE.—The term 

23 ‘‘CAP Fixed OM&R Charge’’ has the meaning given 

24 the term ‘‘Fixed OM&R Charge’’ in the CAP Repay25 ment Stipulation. 


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1 (11) CAP INDIAN PRIORITY WATER.—The term 

2 ‘‘CAP Indian Priority Water’’ means water within 

3 the Available CAP Supply having an Indian delivery 

4 priority. 

5 (12) CAP OPERATING AGENCY.—The term 

6 ‘‘CAP Operating Agency’’ means— 

7 (A) the 1 or more entities authorized to as8 sume responsibility for the care, operation, 

9 maintenance and replacement of the CAP Sys10 tem; and 

11 (B) as of the date of enactment of this 

12 Act, is CAWCD. 

13 (13) CAP PUMPING ENERGY CHARGE.—The 

14 term ‘‘CAP Pumping Energy Charge’’ means the 

15 term ‘‘Pumping Energy Charge’’ in the CAP Repay16 ment Stipulation. 

17 (14) CAP REPAYMENT CONTRACT.—The term 

18 ‘‘CAP Repayment Contract’’ means— 

19 (A) the contract dated December 1, 1988 

20 (Contract No. 14–06–W–245, Amendment No. 

21 1), between the United States and the Central 

22 Arizona Water Conservation District for the 

23 Delivery of Water and Repayment of Costs of 

24 the CAP; and 


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1 (B) any amendment to, or revision of, that 

2 contract. 

3 (15) CAP REPAYMENT STIPULATION.—The 

4 term ‘‘CAP Repayment Stipulation’’ means the Stip5 ulated Judgment and the Stipulation for Judgment, 

6 including any exhibits to those documents, entered 

7 on November 21, 2007, in the United States District 

8 Court for the District of Arizona in the consolidated 

9 civil action Central Arizona Water Conservation Dis10 trict v. United States, et al., numbered CIV 95– 

11 625–TUC–WDB–EHC and CIV 95–1720–PHX– 

12 EHC. 

13 (16) CAPSA.—The term ‘‘CAPSA’’ means the 

14 Central Arizona Project Settlement Act of 2004, 

15 Title I of the Arizona Water Settlements Act, P.L. 

16 108–451, 118 Stat. 3478 (2004). 

17 (17) CAP SUBCONTRACT.—The term ‘‘CAP 

18 Subcontract’’ means a long-term subcontract (as de19 fined in the CAP Repayment Stipulation) with the 

20 United States and the Central Arizona Water Con21 servation District for the delivery of CAP water 

22 through the CAP System. 

23 (18) CAP SUBCONTRATOR.—The term ‘‘CAP 

24 Subcontractor’’ means a person or entity that has 

25 entered into a CAP Subcontract. 


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1 (19) CAP SYSTEM.—The term ‘‘CAP System’’ 

2 means— 

3 (A) the Mark Wilmer Pumping Plant; 

4 (B) the Hayden-Rhodes Aqueduct; 

5 (C) the Fannin-McFarland Aqueduct; 

6 (D) the Tucson Aqueduct; 

7 (E) any pumping plant or appurtenant 

8 work of a feature described in (A), (B), (C), or 

9 (D); and 

10 (F) any extension of, addition to, or re11 placement of a feature described in Subpara12 graph (A), (B), (C), (D), or (E). 

13 (20) CAP SYSTEM USE AGREEMENT.—The term 

14 ‘‘CAP System Use Agreement’’ means that certain 

15 Central Arizona Project System Use Agreement 

16 dated February 2, 2017, between the United States 

17 of America and the Central Arizona Water Con18 servation District. 

19 (21) CAP WATER.—The term ‘‘CAP Water’’ has 

20 the meaning given the term ‘‘Project Water’’ in the 

21 CAP Repayment Stipulation. 

22 (22) CAWCD.—The term ‘‘CAWCD’’ means the 

23 political subdivision of the State that is the con24 tractor under the CAP Repayment Contract and is 


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1 the CAP Operating Agency as of the date of enact2 ment of the Act. 

3 (23) C.C. CRAGIN DAM AND RESERVOIR.— 

4 (A) IN GENERAL.—The term ‘‘C.C. Cragin 

5 Dam and Reservoir’’ means— 

6 (i) the C.C. Cragin Dam and Res7 ervoir located on East Clear Creek in 

8 Coconino County, Arizona, owned by the 

9 United States and operated by the Salt 

10 River Project Agricultural Improvement 

11 and Power District; 

12 (ii) associated facilities located in Gila 

13 and Coconino Counties, Arizona, including 

14 pipelines, tunnels, buildings, hydroelectric 

15 generating facilities and other structures of 

16 every kind; transmission, telephone and 

17 fiber optic lines; pumps, machinery, tools 

18 and appliances; and 

19 (iii) all real or personal property, ap20 purtenant to or used, or constructed or 

21 otherwise acquired to be used, in connec22 tion with the C.C. Cragin Dam and Res23 ervoir. 


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1 (B) EXCLUSION.—The term ‘‘C.C. Cragin 

2 Dam and Reservoir’’ does not include the 

3 Cragin-Verde Pipeline Project. 

4 (24) COMMISSIONER.—The term ‘‘Commis5 sioner’’ means the Commissioner of the Bureau of 

6 Reclamation. 

7 (25) CRAGIN CAPITAL COSTS.—The term 

8 ‘‘Cragin Capital Costs’’ means all costs incurred by 

9 SRP for the acquisition and improvement of land, 

10 facilities, equipment, and inventories related to the 

11 C.C. Cragin Dam and Reservoir, which shall include: 

12 labor, overhead, materials, supplies, spare parts, 

13 equipment purchase and rental, and transportation. 

14 Prior to May 1, 2009, all expenses incurred by SRP 

15 are accrued as Cragin Capital Costs excluding cap16 ital costs of the SRP-Cragin Pumping System. 

17 (26) CRAGIN O&M COSTS.—The term ‘‘Cragin 

18 O&M Costs’’ means all costs incurred by SRP for 

19 the operation and maintenance of all C.C. Cragin fa20 cilities, except for those costs defined as Cragin Cap21 ital Costs. Such costs shall include costs for the fol22 lowing items: insurance, inspections, permits, taxes, 

23 fees, licenses, contract services, legal services, ac24 counting, travel, environmental compliance, repairs, 

25 testing, labor, salaries, overhead, materials, supplies, 


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1 expenses, equipment, vehicles, energy, fuel, and any 

2 cost borne by SRP prior to the assumption of care, 

3 operation, and maintenance of the Cragin-Verde 

4 Pipeline Project by SRP from the United States 

5 pursuant to the 1917 Agreement, excluding O&M 

6 Costs and A&G Costs of SRP-Cragin Pumping Sys7 tem as defined in the YAN-SRP Water Delivery and 

8 Use Agreement. 

9 (27) CRAGIN-VERDE PIPELINE PROJECT.—The 

10 term ‘‘Cragin-Verde Pipeline Project’’ means the 

11 water infrastructure project under the Tu ́ n ́lnı ́choh 

12 Water Infrastructure Project, as described in section 

13 103(b) of this Act, which will deliver water from the 

14 C.C. Cragin Dam and Reservoir to the Yavapai15 Apache Nation, and to other beneficiaries in accord16 ance with section 114(a) of this Act. 

17 (28) CAP/SRP INTERCONNECTION FACILITY.— 

18 The term ‘‘CAP/SRP Interconnection Facility’’ 

19 means the interconnection facility that connects the 

20 Hayden-Rhodes Aqueduct of the CAP System to 

21 SRP’s water delivery system. 

22 (29) DATE OF SUBSTANTIAL COMPLETION.— 

23 The term ‘‘Date of Substantial Completion’’ means 

24 the date described in section 103(d). 


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1 (30) DEPLETION OR DEPLETE.—The term 

2 ‘‘Depletion’’ or ‘‘Deplete’’ means the amount of 

3 Water Diverted less return flows to the Verde River 

4 Watershed. 

5 (31) DINAH HOOD ALLOTMENT.—The term 

6 ‘‘Dinah Hood Allotment’’ means the tract of land al7 lotted pursuant to Section 4 of the General Allot8 ment Act of 1887, 24 Stat. 389, ch. 119 (formerly 

9 codified at 25 U.S.C. § 334) that is held in trust by 

10 the United States for the benefit of Allottees under 

11 patent number 926562, as described and depicted in 

12 Exhibit 2.37 to the Agreement. 

13 (32) DIVERSION.—The term ‘‘Diversion’’ means 

14 an act to Divert. 

15 (33) DIVERT OR DIVERTING.—The term ‘‘Di16 vert’’ or ‘‘Diverting’’ means to receive, withdraw or 

17 develop and produce or capture Water (A) using a 

18 ditch, canal, flume, bypass, pipeline, pit, collection or 

19 infiltration gallery, conduit, well, pump, turnout, 

20 dam, or any other mechanical device; or (B) by any 

21 other human act. 

22 (34) DOMESTIC USE.—The term ‘‘Domestic 

23 Use’’ means, for purposes of Paragraph 13.0 of the 

24 Agreement and section 108 of this Act, a Use of 

25 Water serving a residence, or multiple residences up 


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1 to a maximum of three residential connections, for 

2 household purposes with associated irrigation of 

3 lawns, gardens or landscape in an amount of not 

4 more than one-half acre per residence. Domestic Use 

5 does not include the Use of Water delivered to a res6 idence or multiple residences by a city, town, private 

7 water company, irrigation provider or special taxing 

8 district established pursuant to Title 48, Arizona 

9 Revised Statutes. 

10 (35) EFFECTIVE DATE.—The term ‘‘Effective 

11 Date’’ means the date that the Agreement is signed 

12 by all of the Parties, other than the United States. 

13 (36) EFFLUENT.—The term ‘‘Effluent’’ means 

14 water that—(A) has been used in the State for do15 mestic, municipal, or industrial purposes, other than 

16 solely for hydropower generation; and (B) is avail17 able for reuse for any purpose in accordance with 

18 applicable law and the Agreement, regardless of 

19 whether the water has been treated to improve the 

20 quality of the water. 

21 (37) ENFORCEABILITY DATE.—The term ‘‘En22 forceability Date’’ means the date described in sec23 tion 112. 

24 (38) EXCHANGE.—The term ‘‘Exchange’’ 

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1 ties, of any water for any other water, if each person 

2 or entity has a right or claim to use the water the 

3 person or entity provides in the trade, regardless of 

4 whether the water is traded in equal quantities or 

5 other consideration is included in the trade. 

6 (39) FEDERAL LAND.—The term ‘‘Federal 

7 Land’’ means the land described in section 

8 201(a)(5). 

9 (40) FOREST SERVICE.—The term ‘‘Forest 

10 Service’’ means the United States Forest Service. 

11 (41) FOURTH PRIORITY WATER.—The term 

12 ‘‘Fourth Priority Water’’ means Colorado River 

13 water available for delivery within the State for sat14 isfaction of entitlements (A) in accordance with con15 tracts, Secretarial reservations, perfected rights, and 

16 other arrangements between the United States and 

17 water users in the State entered into or established 

18 subsequent to September 30, 1968, for use on Fed19 eral, State, or privately owned lands in the State, in 

20 a total quantity not to exceed 164,652 AFY of diver21 sions; and (B) after first providing for the delivery 

22 of Colorado River water for the CAP System, includ23 ing for Use on Indian land, under section 304(e) of 

24 the Colorado River Basin Project Act (43 U.S.C. 


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1 1524(e)), in accordance with the CAP Repayment 

2 Contract. 

3 (42) GILA RIVER ADJUDICATION PRO4 CEEDINGS.—The term ‘‘Gila River Adjudication 

5 Proceedings’’ means the action pending in the Supe6 rior Court of the State, in and for the County of 

7 Maricopa, In re the General Adjudication of All 

8 Rights To Use Water In The Gila River System and 

9 Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), 

10 W-4 (San Pedro) (Consolidated). 

11 (43) GILA RIVER ADJUDICATION COURT.—The 

12 term ‘‘Gila River Adjudication Court’’ means the 

13 Superior Court of the State, in and for the County 

14 of Maricopa, exercising jurisdiction over the Gila 

15 River Adjudication Proceedings. 

16 (44) GROUNDWATER.—The term ‘‘Ground17 water’’ means all water beneath the surface of the 

18 Earth within the State that is not—(A) Surface 

19 Water; (B) Effluent; or (C) Colorado River Water. 

20 (45) IMPOUNDMENT.—The term ‘‘Impound21 ment’’ means any human-made permanent body of 

22 water on the surface of the Earth, including 

23 Stockponds, lakes, Effluent ponds, open-air water 

24 storage tanks, irrigation ponds, and gravel pits. For 

25 purposes of the Agreement and this Act, the term 


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1 Impoundment does not include recharge basins or 

2 swimming pools. 

3 (46) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 shall have the meaning given the term in section 4 

5 of the Indian Self-Determination and Education As6 sistance Act (25 U.S.C. 5304). 

7 (47) INJURY TO WATER RIGHTS.— 

8 (A) IN GENERAL.—The term ‘‘Injury to 

9 Water Rights’’ means an interference with, 

10 diminution of, or deprivation of Water Rights 

11 under Federal, State or other law. 

12 (B) INCLUSION.—The term ‘‘Injury to 

13 Water Rights’’ includes a change in the 

14 Groundwater table and any effect of such a 

15 change. 

16 (C) EXCLUSION.—The term ‘‘Injury to 

17 Water Rights’’ does not include any injury to 

18 water quality. 

19 (48) INTERIM PERIOD.—The term ‘‘Interim Pe20 riod’’ means the period beginning on the Effective 

21 Date and ending on the Date of Substantial Comple22 tion. 

23 (49) LEASE AGREEMENT.—The term ‘‘Lease 

24 Agreement’’ means any agreement entered into be25 tween the Yavapai-Apache Nation, the Secretary, 


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1 and any other person or entity pursuant to the 

2 agreement. 

3 (50) LEASED WATER.—The term ‘‘Leased 

4 Water’’ means the YAN CAP Water that is leased 

5 pursuant to a Lease Agreement. 

6 (51) M&I USE.—The term ‘‘M&I Use’’ or ‘‘M&I 

7 Uses’’ means the Use of Water for domestic, munic8 ipal, industrial, and commercial purposes. 

9 (52) MAXIMUM ANNUAL DEPLETION

10 AMOUNT.—The term ‘‘Maximum Annual Depletion 

11 Amount’’ means the maximum amount of Water De12 pleted per Year for each Water Right set forth in 

13 Subparagraph 4.1 of the Agreement. 

14 (53) MAXIMUM ANNUAL DIVERSION AMOUNT.— 

15 The term ‘‘Maximum Annual Diversion Amount’’ 

16 means the maximum amount of Water Diverted per 

17 Year for each Water Right set forth Subparagraph 

18 4.1 the Agreement. 

19 (54) MEMBER.—The term ‘‘Member’’ means 

20 any person duly enrolled as a member of the 

21 Yavapai-Apache Nation. 

22 (55) MUNICIPAL WATER PROVIDER.—The term 

23 ‘‘Municipal Water Provider’’ means a city, town, pri24 vate water company, specially designated home25 owners association, or any special taxing district esVerDate Sep 11 2014 21:59 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705

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1 tablished pursuant to Title 48 of the Arizona Re2 vised Statutes that supplies water for M&I Use. 

3 (56) NON-FEDERAL LAND.—The term ‘‘Non4 Federal Land’’ means the land described in section 

5 201(a)(4). 

6 (57) OM&R.—The term ‘‘OM&R’’ means—(A) 

7 any recurring or ongoing activity relating to the day8 to-day operation of a project; (B) any activity relat9 ing to scheduled or unscheduled maintenance of a 

10 project; and (C) any activity relating to replacing a 

11 feature of a project. 

12 (58) PARTY.—The term ‘‘Party’’ means a per13 son or entity that is a signatory to the Agreement. 

14 The participation of the State as a Party shall be as 

15 described in Subparagraph 17.5 in the Agreement. 

16 The United States participation as a Party shall be 

17 in the capacity as described in Subparagraph 2.80 of 

18 the Agreement. 

19 (59) PUBLIC WATER SYSTEM.—The term ‘‘Pub20 lic Water System’’ means a water system that—(A) 

21 provides water for human consumption through 

22 pipes or other constructed conveyances; and (B) has 

23 at least fifteen service connections or regularly 

24 serves an average of at least twenty-five persons 

25 daily for at least sixty days a year. 


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1 (60) REPLACEMENT WELL.—The term ‘‘Re2 placement Well’’ means a well that—(A) is con3 structed to replace a well in existence on the Effec4 tive Date; (B) is located no more than 660 feet from 

5 the well being replaced; and (C) has a pumping ca6 pacity and case diameter that do not exceed the 

7 pumping capacity and case diameter of the well 

8 being replaced. 

9 (61) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of the United States Depart11 ment of the Interior or the Secretary’s designee. 

12 (62) SRP.—The term ‘‘SRP’’ means the Salt 

13 River Project Agricultural Improvement and Power 

14 District, a political subdivision of the State, and the 

15 Salt River Valley Water Users’ Association, an Ari16 zona Territorial Corporation. 

17 (63) SRP WATER.—The term ‘‘SRP Water’’ 

18 means the Water made available in Subparagraph 

19 8.1 of the Agreement, not to exceed an average of 

20 500 AFY, up to maximum of 583.86 acre-feet in 

21 any given Year, to be stored in C.C. Cragin Res22 ervoir, without cost to SRP, and delivered for Use 

23 on the Reservation, YAN Trust Land, and YAN 

24 After-Acquired Trust Land for beneficial purposes. 


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1 (64) SRRD.—The term ‘‘SRRD’’ means the 

2 Salt River Reservoir District as defined on Decem3 ber 31, 2023 in Article IV, Section 3, of the Articles 

4 of Incorporation of the Salt River Valley Water 

5 Users’ Association. 

6 (65) STATE.—The term ‘‘State’’ means the 

7 State of Arizona. 

8 (66) STOCKPOND.—The term ‘‘Stockpond’’ 

9 means an on-channel or off-channel impoundment of 

10 any size that stores water that is appropriable under 

11 Title 45, Arizona Revised Statutes, and that is for 

12 the sole purpose of watering livestock and wildlife. 

13 (67) STOCK WATERING USE.—The term ‘‘Stock 

14 Watering Use’’ means the consumption of water by 

15 livestock and wildlife, either: (A) directly from a nat16 urally occurring body of water, such as an undevel17 oped spring, cienega, seep, bog, lake, depression, 

18 sink or stream; or (B) from small facilities, other 

19 than a Stockpond, that are served by a Diversion of 

20 Water. 

21 (68) SURFACE WATER.—The term ‘‘Surface 

22 Water’’ means all Water that is appropriable under 

23 State law. 

24 (69) TOTAL MAXIMUM ANNUAL DEPLETION

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1 pletion Amount’’ means the total of all Maximum 

2 Annual Depletion Amounts as described in Subpara3 graph 4.1 of the Agreement. 

4 (70) TOTAL MAXIMUM ANNUAL DIVERSION

5 AMOUNT.—The term ‘‘Total Maximum Annual Di6 version Amount’’ means the total of all Maximum 

7 Annual Diversion Amounts as described in Subpara8 graph 4.1 of the Agreement. 

9 (71) TU ́ N ́LNI ́CHOH WATER INFRASTRUCTURE

10 PROJECT.—The term ‘‘Tu ́ n ́lnı ́choh Water Infra11 structure Project’’ means the water infrastructure 

12 project including (A) the Cragin-Verde Pipeline 

13 Project, as described in section 103(b), which will 

14 deliver Water from the C.C. Cragin Dam and Res15 ervoir to the Yavapai-Apache Nation and to other 

16 beneficiaries in the Verde Valley Watershed; and (B) 

17 the YAN Drinking Water System Project, as de18 scribed in section 103(c), which will treat and dis19 tribute the water delivered from the Cragin-Verde 

20 Pipeline Project. 

21 (72) USE.—The term ‘‘Use’’ means any bene22 ficial use, including instream flows, recharge, under23 ground storage, recovery or any other use recognized 

24 as beneficial under applicable law. 


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1 (73) USGS.—The term ‘‘USGS’’ means the 

2 United States Geological Survey. 

3 (74) VERDE RIVER DECREE.—The term ‘‘Verde 

4 River Decree’’ means the decree to be entered by the 

5 Gila River Adjudication Court adjudicating all rights 

6 to water in the Verde River Watershed. 

7 (75) VERDE RIVER SUBFLOW ZONE.—The term 

8 ‘‘Verde River Subflow Zone’’ means the area in the 

9 Verde River Watershed delineated by the Arizona 

10 Department of Water Resources as the subflow zone 

11 on a map or maps that are approved by the Gila 

12 River Adjudication Court. 

13 (76) VERDE RIVER WATER.—The term ‘‘Verde 

14 River Water’’ means the Water as described in 

15 Paragraph 5.0 of the Agreement, whether Diverted 

16 from the stream or pumped from a well. 

17 (77) VERDE RIVER WATERSHED.—The term 

18 ‘‘Verde River Watershed’’ means all lands located 

19 within the surface water drainage of the Verde River 

20 and its tributaries, depicted on the map attached as 

21 Exhibit 2.86 to the Agreement. 

22 (78) WATER.—The term ‘‘Water,’’ when used 

23 without a modifying adjective, means—(A) Ground24 water; (B) Surface Water; (C) Colorado River 

25 Water; (D) Effluent; or (E) CAP Water. 


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1 (79) WATER RIGHT.—The term ‘‘Water Right’’ 

2 means any right in or to Groundwater, Surface 

3 Water, Colorado River Water, or Effluent under 

4 Federal, State, or other law. 

5 (80) YAN AFTER-ACQUIRED TRUST LAND.—The 

6 term ‘‘YAN After-Acquired Trust Land’’ means 

7 lands that is taken into trust by the United States 

8 for the benefit of the Yavapai-Apache Nation pursu9 ant to applicable federal law after the Enforceability 

10 Date. 

11 (81) YAN AMENDED CAP WATER DELIVERY

12 CONTRACT.—The term ‘‘YAN Amended CAP Water 

13 Delivery Contract’’ means—(A) the proposed con14 tract between the Yavapai-Apache Nation and the 

15 United States attached as Exhibit 6.1 to the Agree16 ment and numbered lllll; and any amend17 ments to that contract. 

18 (82) YAN CAP WATER.—The term ‘‘YAN CAP 

19 Water’’ means CAP Water to which the Yavapai20 Apache Nation is entitled pursuant to the Agree21 ment and section 111 of this Act, and as provided 

22 in the YAN Amended CAP Water Delivery Contract. 

23 (83) YAN CRAGIN WATER.—The term ‘‘YAN 

24 Cragin Water’’ means that amount of the water 

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1 ment, not to exceed an average of 2,910.26 AFY, up 

2 to a maximum of 3,394.06 acre-feet in any given 

3 Year, to be stored in C.C. Cragin Dam and Res4 ervoir, without cost to SRP, and delivered for Use 

5 on the Yavapai-Apache Reservation, YAN Trust 

6 Land, and YAN After-Acquired Trust Land for ben7 eficial purposes. 

8 (84) YAN DELIVERY POINT.—The term ‘‘YAN 

9 Delivery Point’’ means the point or points located at 

10 the end of the Cragin-Verde Pipeline Project where 

11 Water may be delivered to the YAN or the United 

12 States acting as trustee for the YAN pursuant to 

13 the YAN-SRP Water Delivery and Use Agreement. 

14 (85) YAN DISTRICTS.—The term ‘‘YAN Dis15 tricts’’ means (A) the Camp Verde District; (B) the 

16 Middle Verde District; (C) the Montezuma District; 

17 (D) the Clarkdale District; and (E) the Rimrock 

18 District, of the Yavapai-Apache Reservation, each of 

19 which districts is separately depicted in Exhibits 

20 2.96A, 2.96B, 2.96C, 2.96D and 2.96E to the 

21 Agreement, and any additions to a YAN District 

22 under applicable law. 

23 (86) YAN DRINKING WATER SYSTEM

24 PROJECT.—The term ‘‘YAN Drinking Water System 

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1 tem Project’’ means the Yavapai-Apache Nation’s 

2 water treatment and water distribution system 

3 project under the Tu ́ n ́lnı ́choh Water Infrastructure 

4 Project, as described in section 103(c) of the Act, 

5 that will treat and distribute water delivered from 

6 the C.C. Cragin Reservoir. 

7 (87) YAN FEE LAND.—The term ‘‘YAN Fee 

8 Land’’ means land that, as of the Enforceability 

9 Date, is: (A) located outside the exterior boundaries 

10 of the Yavapai-Apache Reservation; (B) owned in fee 

11 by the Yavapai-Apache Nation and has not been 

12 taken into trust by the United States for the benefit 

13 of the Yavapai-Apache Nation; and (C) described 

14 and shown in Exhibit 2.98 to the Agreement. 

15 (88) YAN JUDGMENT.—The term ‘‘YAN Judg16 ment’’ means the judgment and decree entered by 

17 the Gila River Adjudication Court as described in 

18 the Agreement. 

19 (89) YAN LAND.—The term ‘‘YAN Land’’ 

20 means, collectively, the YAN Reservation, YAN 

21 Trust Land and YAN Fee Land. 

22 (90) YAN POINT OF COMPLIANCE.—The term 

23 ‘‘YAN Point of Compliance’’ means the location of 

24 the Verde River proximate to USGS gage number 

25 09504950 identified as the ‘‘Verde River Above 


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1 Camp Verde’’ gage, located at Global Positioning 

2 System coordinates 34.6116972, -111.8984306 with3 in the Middle Verde District of the Reservation. 

4 (91) YAN PUMPED WATER.—The term ‘‘YAN 

5 Pumped Water’’ means the Water pumped from be6 neath the surface of the Earth, regardless of its 

7 legal characterization as appropriable or non-appro8 priable under Federal, State or other law. 

9 (92) YAN-SRP EXCHANGE AGREEMENT.—The 

10 term ‘‘YAN-SRP Exchange Agreement’’ means that 

11 agreement between the Nation and SRP, as ap12 proved by the United States, in the form substan13 tially similar to that attached as Exhibit 6.5 to the 

14 Agreement. 

15 (93) YAN-SRP WATER DELIVERY AND USE

16 AGREEMENT OR YAN-SRP WDUA.—The term ‘‘YAN17 SRP Water Delivery and Use Agreement’’ or ‘‘YAN18 SRP WDUA’’ means that agreement between the 

19 Nation and SRP, as approved by the United States, 

20 in the form substantially similar to that attached as 

21 Exhibit 10.1 to the Agreement. 

22 (94) YAVAPAI-APACHE NATION, YAN OR NA23 TION.—The term ‘‘Yavapai-Apache Nation’’, 

24 ‘‘YAN’’, or ‘‘Nation’’ means the Yavapai-Apache 

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1 zona, a federally recognized Indian Tribe organized 

2 pursuant to Section 16 of the Indian Reorganization 

3 Act of June 18, 1934, 48 Stat. 987 (25 U.S.C. 

4 5123). 

5 (95) YAN TRUST LAND.—The term ‘‘YAN 

6 Trust Land’’ means land that, as of the Enforce7 ability Date, is—(A) located outside the boundaries 

8 of the YAN Reservation; (B) held in trust by the 

9 United States for the benefit of the YAN; and (C) 

10 depicted on the map attached as Exhibit 2.102 to 

11 the Agreement. 

12 (96) YAVAPAI-APACHE RESERVATION, YAN RES13 ERVATION OR RESERVATION.—The term ‘‘Yavapai14 Apache Reservation’’, ‘‘YAN Reservation’’ or ‘‘Res15 ervation’’ means the land described in section 

16 110(a). 

17 (97) YEAR.—The term ‘‘Year’’ (A) when used 

18 in the context of deliveries of YAN Cragin Water 

19 and SRP Water pursuant to Paragraph 8.0 of the 

20 Agreement, means May 1 through April 30; and (B) 

21 in all other instances, the term ‘‘Year’’ means a cal22 endar year. 


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1 TITLE I—YAVAPAI-APACHE NA2 TION WATER RIGHTS SETTLE3 MENT AGREEMENT 

4 SEC. 101. RATIFICATION AND EXECUTION OF THE YAVAPAI5 APACHE NATION WATER RIGHTS SETTLE6 MENT AGREEMENT. 

7 (a) RATIFICATION.— 

8 (1) IN GENERAL.—Except as modified by this 

9 Act, and to the extent the Yavapai-Apache Nation 

10 Water Rights Settlement Agreement does not con11 flict with this Act, the Agreement is authorized, rati12 fied, and confirmed. 

13 (2) AMENDMENTS.—If an amendment to the 

14 Agreement, including an amendment to any exhibit 

15 attached to the Agreement requiring the signature 

16 or approval of the Secretary, is executed in accord17 ance with this Act to make the Agreement consistent 

18 with this Act, the amendment is authorized, ratified, 

19 and confirmed, to the extent the amendment is con20 sistent with this Act. 

21 (b) EXECUTION.— 

22 (1) IN GENERAL.—To the extent the Agreement 

23 does not conflict with this Act, the Secretary shall 

24 execute the Agreement, including all exhibits to, or 


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1 parts of, the Agreement requiring the signature of 

2 the Secretary. 

3 (2) MODIFICATIONS.—Nothing in this Act pro4 hibits the Secretary from approving any modification 

5 to the Agreement, including any Exhibit to the 

6 Agreement, that is consistent with this Act, to the 

7 extent the modification does not otherwise require 

8 congressional approval under section 2116 of the 

9 Revised Statutes (25 U.S.C. 177) or any other ap10 plicable Federal law. 

11 (c) ENVIRONMENTAL COMPLIANCE.— 

12 (1) IN GENERAL.—In implementing the Agree13 ment (including all exhibits to the Agreement requir14 ing the signature of the Secretary) and this Act, the 

15 Secretary shall comply with all applicable provisions 

16 of— 

17 (A) the Endangered Species Act of 1973 

18 (16 U.S.C. 1531 et seq.); 

19 (B) the National Environmental Policy Act 

20 of 1969 (42 U.S.C. 4321 et seq.), including the 

21 implementing regulations of that Act; and 

22 (C) all other applicable Federal environ23 mental laws and regulations. 

24 (2) AUTHORIZATIONS.—The Secretary shall— 


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1 (A) independently evaluate the documenta2 tion prepared and submitted under paragraph 

3 (1); and 

4 (B) be responsible for the accuracy, scope, 

5 and contents of that documentation. 

6 (3) EFFECT OF EXECUTION.—The execution of 

7 the Agreement by the Secretary under this section 

8 shall not constitute a major action for purposes of 

9 the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.). 

11 (4) COSTS.—Any costs associated with the per12 formance of the compliance and coordination activi13 ties under this subsection shall be paid from funds 

14 deposited in the Project Fund, subject to the condi15 tion that any costs associated with the performance 

16 of Federal approval or other review of that compli17 ance work or costs associated with inherently Fed18 eral functions shall remain the responsibility of the 

19 Secretary. 

20 SEC. 102. WATER RIGHTS. 

21 (a) CONFIRMATION OF WATER RIGHTS.— 

22 (1) IN GENERAL.—The Water Rights of the 

23 Yavapai-Apache Nation as set forth in the Yavapai24 Apache Nation Water Rights Settlement Agreement 

25 are ratified, confirmed and declared to be valid. 


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1 (2) USE.—Any use of Water pursuant to the 

2 Water Rights described in paragraph (1) by the 

3 Yavapai-Apache Nation shall be subject to the terms 

4 and conditions of the Agreement and this Act. 

5 (3) CONFLICT.—In the event of a conflict be6 tween the Agreement and this Act, this Act shall 

7 control. 

8 (b) WATER RIGHTS TO BE HELD IN TRUST FOR THE

9 YAVAPAI-APACHE NATION.—The United States shall hold 

10 the following Water Rights in trust for the benefit of the 

11 Yavapai-Apache Nation: 

12 (1) The Water Rights described in Paragraphs 

13 5.0, 6.0, 8.0, 9.0 and 11.0 of the Agreement; and 

14 (2) Any future Water Rights taken into trust 

15 pursuant to subsection (f) and (g). 

16 (c) OFF-RESERVATION USE.—Except for Effluent as 

17 provided in Subparagraphs 4.15 of the Agreement, YAN 

18 CAP Water as provided in Subparagraph 6.0 of the Agree19 ment, and Water that is subject to an Exchange in accord20 ance with State law, the rights to Water set forth in Sub21 paragraph 4.1 of the Agreement may not be sold, leased, 

22 transferred or used outside the boundaries of the YAN 

23 Reservation, YAN Trust Land, or YAN After-Acquired 

24 Trust Land. 


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1 (d) FORFEITURE AND ABANDONMENT.—None of the 

2 water rights described in subsection (b)(1) shall be subject 

3 to loss through non-use, forfeiture, abandonment, or other 

4 operation of law. 

5 (e) YAVAPAI-APACHE NATION CAP WATER.—The 

6 Yavapai-Apache Nation shall have the right to divert, use, 

7 and store YAN CAP Water in accordance with the Agree8 ment and section 111 of this Act. 

9 (f) WATER RIGHTS HELD IN TRUST FOR YAN

10 AFTER-ACQUIRED TRUST LAND.—As described in Sub11 paragraph 4.13.2.1 of the Agreement, and subject to all 

12 valid and existing rights, any Water Rights appurtenant 

13 to YAN After-Acquired Trust Land at the time such land 

14 is taken into trust by the Secretary shall be held in trust 

15 by the United States for the benefit of the Yavapai-Apache 

16 Nation. 

17 (g) WATER RIGHTS HELD IN TRUST FOR FUTURE

18 ACQUISITIONS OF WATER RIGHTS.—As described in Sub19 paragraphs 4.14.1 and 4.14.2 of the Agreement, and sub20 ject to all valid and existing rights, upon the request of 

21 the Yavapai-Apache Nation, and in accordance with appli22 cable Federal law, the Secretary shall accept and take into 

23 trust for the benefit of the Yavapai-Apache Nation, any 

24 Water Rights severed and transferred to the Reservation, 

25 YAN Trust Land, or YAN After-Acquired Trust Land. 


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SEC. 103. TU ́ N ́ LNI 1  ́CHOH WATER INFRASTRUCTURE 

2 PROJECT. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Commissioner, shall plan, design and construct the Tu ́

5 n ́lnı ́choh Water Infrastructure Project, which shall con6 sist of— 

7 (1) the Cragin-Verde Pipeline Project as de8 scribed in subsection (b); and 

9 (2) the Yavapai-Apache Nation Drinking Water 

10 System Project as described in subsection (c). 

11 (b) CRAGIN-VERDE PIPELINE PROJECT.— 

12 (1) IN GENERAL.—The Secretary, acting 

13 through the Commissioner, and without cost to the 

14 Salt River Federal Reclamation Project, shall— 

15 (A) Plan, design and construct the Cragin16 Verde Pipeline Project as part of the Salt River 

17 Federal Reclamation Project; and 

18 (B) Obtain any rights-of-way or other in19 terests in land needed to construct the Cragin20 Verde Pipeline Project. 

21 (2) SCOPE.—The scope of the planning, design, 

22 and construction activities for the Cragin-Verde 

23 Pipeline Project shall be as generally described as 

24 Alternative 5A in the document entitled Phase II: 

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1 tion, Interior Region 8, Lower Colorado Basin, as 

2 amended. 

3 (3) REQUIREMENTS.—The Cragin-Verde Pipe4 line Project shall— 

5 (A) be capable of delivering no less than 

6 6,836.92 AFY of water from the C.C. Cragin 

7 Dam and Reservoir for Use by the YAN as pro8 vided in the Settlement Agreement and this 

9 Act, and up to an additional 1,912.18 AFY for 

10 Use by water users in Yavapai County as pro11 vided in section 114(a)(2); 

12 (B) include all facilities and appurtenant 

13 items necessary to divert, store, and deliver 

14 water to the YAN Delivery Point on the 

15 Yavapai-Apache Reservation; and 

16 (C) to the maximum extent practicable, be 

17 designed and constructed to minimize care, op18 eration, and maintenance costs. 

19 (4) TITLE TO FACILITIES.—Title to the Cragin20 Verde Pipeline Project shall be held by the United 

21 States as part of the Salt River Federal Reclamation 

22 Project pursuant to the Reclamation Act of 1902, 

23 43 U.S.C. 371 et seq., as amended. 

24 (5) ASSUMPTION OF AND RESPONSIBILITY FOR

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1 VERDE PIPELINE PROJECT.—Upon the Date of Sub2 stantial Completion, SRP shall assume and be re3 sponsible for the care, operation, and maintenance of 

4 the Cragin-Verde Pipeline Project pursuant to the 

5 contract between the United States and the Salt 

6 River Valley Water Users’ Association dated Sep7 tember 6, 1917, as amended. 

8 (6) COSTS OF CARE, OPERATION, AND MAINTE9 NANCE TO BE BORNE BY PROJECT BENE10 FICIARIES.—The costs of the care, operation, and 

11 maintenance of the Cragin-Verde Pipeline Project 

12 shall not be borne by SRP. Except as provided in 

13 Subparagraph 10.10 of the Agreement, the Yavapai14 Apache Nation and any other beneficiaries of the 

15 Cragin-Verde Pipeline Project shall bear the costs of 

16 the care, operation, and maintenance of the Cragin17 Verde Pipeline Project on a pro rata basis after the 

18 Date of Substantial Completion. Until the Date of 

19 Substantial Completion, the costs of care, operation, 

20 and maintenance shall be borne by the Secretary. 

21 (7) WITHDRAWAL AND RESERVATION.— 

22 (A) DEFINITIONS.—For purposes of this 

23 paragraph (7), the term ‘‘covered land’’ means 

24 the portion of the National Forest System land 

25 determined by the Secretary of the Interior to 


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1 be necessary for the construction and operation 

2 of the Cragin-Verde Pipeline Project as de3 picted on the map prepared under subpara4 graph (D). 

5 (B) WITHDRAWAL OF COVERED LAND.— 

6 The covered land is permanently withdrawn 

7 from— 

8 (i) all forms of entry, appropriation, 

9 and disposal under the public land laws; 

10 (ii) location, entry, and patent under 

11 the mining laws; and 

12 (iii) operation of the mineral leasing, 

13 mineral materials, and geothermal leasing 

14 laws. 

15 (C) RESERVATION OF COVERED LAND.— 

16 Subject to valid existing rights, the covered 

17 land is reserved to the United States, through 

18 the Secretary of the Interior, for the exclusive 

19 right to use the covered land and interests in 

20 the covered land for Bureau of Reclamation 

21 purposes to construct the Cragin-Verde Pipeline 

22 Project as part of the Salt River Federal Rec23 lamation Project and operated by SRP pursu24 ant to the contract between the United States 


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1 and the Salt River Valley Water Users’ Associa2 tion dated September 6, 1917, as amended. 

3 (D) MAP OF COVERED LAND.—As soon as 

4 practicable after the date of enactment of this 

5 Act, the Secretary of Interior shall prepare a 

6 map depicting the boundary of the covered land 

7 which shall be on file and available for public 

8 inspection in the appropriate offices of the For9 est Service and the Bureau of Reclamation. 

10 (c) YAVAPAI-APACHE NATION DRINKING WATER

11 SYSTEM PROJECT.— 

12 (1) IN GENERAL.—The Secretary, acting 

13 through the Commissioner, shall— 

14 (A) plan, design and construct the YAN 

15 Drinking Water System Project; 

16 (B) comply with all requirements of section 

17 101(c)(1); and 

18 (C) obtain any rights-of-way or other inter19 ests in land needed to construct the YAN 

20 Drinking Water System Project. 

21 (2) SCOPE.—The scope of the planning, design, 

22 and construction activities for the YAN Drinking 

23 Water System Project shall be as generally described 

24 in the document entitled Yavapai-Apache Nation 

25 Drinking Water Infrastructure Plan dated July 


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1 2024, provided that, the design of the project may 

2 be adjusted by mutual agreement of the Secretary 

3 and the Yavapai-Apache Nation if the requirements 

4 of subsection (c)(3) can be met and the adjustment 

5 is not expected to increase the total cost of the 

6 project. 

7 (3) REQUIREMENTS.—The YAN Drinking 

8 Water System Project shall— 

9 (A) include a surface water treatment fa10 cility capable of treating up to 2.25 million gal11 lons of water per day (mgd), with a peak of 3.0 

12 mgd, for water delivered to the YAN Delivery 

13 Point from the C.C. Cragin Dam and Reservoir 

14 via the Cragin-Verde Pipeline Project, except as 

15 otherwise provided for in paragraph (4); 

16 (B) include pipelines, water storage tanks, 

17 pump stations, transmission mains and other 

18 associated infrastructure necessary for the de19 livery of the treated water from the surface 

20 water treatment facility described in subpara21 graph (A) to the locations described in the 

22 Yavapai-Apache Nation Drinking Water Infra23 structure Plan dated July 2024, or as otherwise 

24 agreed to by the Nation and the Secretary; and 


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1 (C) to the maximum extent practicable, be 

2 designed and constructed to minimize care, op3 eration, and maintenance costs. 

4 (4) INCREASE IN CAPACITY AND COST SHARE.— 

5 For the water described in section 114(a), the Sec6 retary is authorized to increase the capacity of the 

7 YAN Drinking Water System Project to treat and 

8 deliver up to 1.9 mgd, with a peak of 2.5 mgd, for 

9 such water delivered to the YAN Delivery Point 

10 from the C.C. Cragain Dam and Reservoir via the 

11 Cragin-Verde Pipeline Project, provided that— 

12 (A) the Yavapai-Apache Nation and the 

13 water user or users described in section 114(a) 

14 agree to terms and conditions for the Nation to 

15 treat and distribute the water described in sec16 tion 114(a); 

17 (B) the water user or water users located 

18 in Yavapai County pay their share of the cost 

19 of construction to increase the capacity of the 

20 YAN Drinking Water System Project; and pay21 ment for such costs are deposited into the YAN 

22 Drinking Water System Project Fund Account 

23 described in section 104(c) for use for the pur24 poses described in subsection (c)(1); and 


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1 (C) the request to increase the capacity of 

2 the YAN Drinking Water System Project and 

3 meeting the conditions required of this para4 graph (4) will not delay the timely completion 

5 of the YAN Drinking Water System Project to 

6 accept delivery of water from the Cragin-Verde 

7 Pipeline Project to the YAN Delivery Point for 

8 the benefit of the Yavapai-Apache Nation. 

9 (5) TITLE TO FACILITIES.—The YAN Drinking 

10 Water System Project shall be owned by the United 

11 States during construction. Upon the Date of Sub12 stantial Completion of the Tu ́ n ́lnı ́choh Water In13 frastructure Project described in subsection (a), the 

14 Secretary shall transfer title to the YAN Drinking 

15 Water System Project to the Yavapai-Apache Na16 tion. 

17 (6) ASSUMPTION OF AND RESPONSIBILITY

18 CARE, OPERATION, AND MAINTENANCE OF THE YAN

19 DRINKING WATER SYSTEM PROJECT.—Upon the 

20 Date of Substantial Completion of the Tu ́ n ́lnı ́choh 

21 Water Infrastructure Project described in subsection 

22 (a), the Yavapai-Apache Nation shall assume and be 

23 responsible for the care, operation, and maintenance 

24 of the YAN Drinking Water System Project. Until 

25 the Date of Substantial Completion, the costs of 


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•S 4705 IS

1 care, operation, and maintenance shall be borne by 

2 the Secretary. 

3 (7) APPLICABILITY OF ISDEAA.—On receipt of 

4 a request of the Yavapai-Apache Nation, and in ac5 cordance with the Indian Self-Determination and 

6 Education Assistance Act (25 U.S.C. 5301 et seq.), 

7 the Secretary shall enter into 1 or more agreements 

8 with the Nation to carry out the activities authorized 

9 by this subsection. 

10 (8) CONDITION.—As a condition of construction 

11 of the YAN Drinking Water System Project author12 ized by this subsection, the Nation shall authorize, 

13 at no cost to the Secretary, the use of all land or 

14 interests in land located on the Reservation, YAN 

15 Trust Land and YAN After-Acquired Trust Land 

16 that the Secretary identifies as necessary for the 

17 planning, design, construction, operation and main18 tenance of the YAN Drinking Water System Project 

19 until the transfer of title to the YAN Drinking 

20 Water System Project to the Nation pursuant to 

21 paragraph (5). 

22 (d) DATE OF SUBSTANTIAL COMPLETION.—The Tu ́

23 n ́lnı ́choh Water Infrastructure Project shall be deemed 

24 substantially complete on the date on which written notice 

25 is provided to the Parties by the Bureau of Reclamation 


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•S 4705 IS

1 that the Cragin-Verde Pipeline Project and the YAN 

2 Drinking Water System Project are sufficiently complete 

3 to place the projects into service for their intended use 

4 (‘‘Date of Substantial Completion’’). 

SEC. 104. TU ́ N ́ LNI 5  ́CHOH WATER INFRASTRUCTURE 

6 PROJECT FUND. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a non-trust interest-bearing account to be known as the 

9 Tu ́ n ́lnı ́choh Water Infrastructure Project Fund 

10 (‘‘Project Fund’’) to be managed and distributed by the 

11 Secretary, for use by the Secretary for carrying out this 

12 Act. 

13 (b) ACCOUNTS.—The Secretary shall establish within 

14 the Project Fund the following accounts— 

15 (1) the Cragin-Verde Pipeline Account; and 

16 (2) the YAN Drinking Water System Account. 

17 (c) DEPOSITS.—The Secretary shall deposit— 

18 (1) in the Cragin-Verde Pipeline Account, the 

19 amounts made available pursuant to section 

20 107(a)(1)(A); and 

21 (2) in the YAN Drinking Water System Ac22 count, the amounts made available pursuant to sec23 tion 107(a)(1)(B). 

24 (d) USES.— 


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1 (1) CRAGIN-VERDE PIPELINE ACCOUNT.—The 

2 Cragin-Verde Pipeline Account shall be used by the 

3 Secretary to— 

4 (A) carry out section 103(b) of this Act, 

5 including all required environmental compliance 

6 under section 101(c), for the Cragin-Verde 

7 Pipeline Project; and 

8 (B) reimburse SRP for the proportional 

9 Cragin Capital Costs and Cragin O&M Costs 

10 associated with water delivered to the Yavapai11 Apache Nation from the C.C. Cragin Dam and 

12 Reservoir under Subparagraph 8.6.1 of the 

13 Agreement. 

14 (2) YAN DRINKING WATER SYSTEM ACCOUNT.— 

15 The YAN Drinking Water System Account shall be 

16 used by the Secretary to carry out section 103(c) of 

17 this Act, including all required environmental com18 pliance under section 101(c), for the YAN Drinking 

19 Water System Project. 

20 (e) AVAILABILITY OF AMOUNTS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), amounts appropriated to and deposited in 

23 the Project Fund Accounts under sections 

24 107(a)(1)(A) and 107(a)(1)(B) shall not be made 


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•S 4705 IS

1 available for expenditure until the Enforceability 

2 Date. 

3 (2) EXCEPTION.—Of the amounts made avail4 able under paragraph (1), $13,000,000 shall be 

5 made available before the Enforceability Date for 

6 the Bureau of Reclamation to carry out environ7 mental compliance and preliminary design of the Tu ́

8 n ́lnı ́choh Water Infrastructure Project, subject to 

9 the following: 

10 (A) The revision of the Settlement Agree11 ment and exhibits to conform to this Act. 

12 (B) Execution by all of the required settle13 ment parties, including the United States, of 

14 the conformed Settlement Agreement and ex15 hibits, including the waivers and releases of 

16 claims under section 108. 

17 (f) INTEREST.—In addition to the deposits under 

18 subsection (c), any investment earnings, including interest 

19 credited to amounts unexpended, are authorized to be ap20 propriated to be used in accordance with the uses de21 scribed in subsections (d)(1) and (d)(2). 

22 (g) PROJECT EFFICIENCIES.— 

23 (1) If the total cost of the activities described 

24 in either section 103(b) or 103(c) are less than the 

25 amounts authorized to be obligated under sections 


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•S 4705 IS

1 107(a)(1)(A) and 107(a)(1)(B) to carry out those 

2 activities, the Secretary shall deposit the savings 

3 into the other account within the Project Fund as 

4 described in subsection (b), if such funds are nec5 essary to complete the construction of any compo6 nent of the Tu ́ n ́lnı ́choh Water Infrastructure 

7 Project. 

8 (2) Any funds remaining in the Project Fund at 

9 the Date of Substantial Completion shall be depos10 ited in the Yavapai-Apache Nation Water Settlement 

11 Trust Fund no later than 60 days after the Date of 

12 Substantial Completion. No later than 30 days after 

13 the Date of Substantial Completion, the Yavapai14 Apache Nation may direct the allocation and 

15 amounts for the deposit of such funds to one or 

16 more of the accounts described in section 105(b), 

17 but if no timely direction is provided to the Sec18 retary, the Secretary shall deposit the full amount of 

19 such funds to the Yavapai-Apache Water Projects 

20 Account described in section 105(b)(2). 

21 SEC. 105. YAVAPAI-APACHE NATION WATER SETTLEMENT 

22 TRUST FUND. 

23 (a) ESTABLISHMENT.—The Secretary shall establish 

24 a trust fund for the Yavapai-Apache Nation, to be known 

25 as the ‘‘Yavapai-Apache Nation Water Settlement Trust 


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•S 4705 IS

1 Fund’’ (‘‘Trust Fund’’) to be managed, invested, and dis2 tributed by the Secretary and to remain available until ex3 pended, withdrawn, or reverted to the general fund of the 

4 Treasury, consisting of the amounts deposited in the 

5 Trust Fund under subsection (c), together with any in6 vestment earnings, including interest, earned on those 

7 amounts for the purpose of carrying out this Act. 

8 (b) ACCOUNTS.—The Secretary shall establish in the 

9 Trust Fund the following accounts: 

10 (1) The Yavapai-Apache Water Settlement Im11 plementation Account; 

12 (2) The Yavapai-Apache Water Projects Ac13 count; 

14 (3) The Yavapai-Apache Wastewater Projects 

15 Account; 

16 (4) The Yavapai-Apache OM&R Account; and 

17 (5) The Yavapai-Apache Watershed Rehabilita18 tion and Restoration Account. 

19 (c) DEPOSITS.—The Secretary shall deposit— 

20 (1) in the Yavapai-Apache Water Settlement 

21 Implementation Account established under sub22 section (b)(1), the amounts made available pursuant 

23 to subparagraph (A) of section 107(a)(2); 

24 (2) in the Yavapai-Apache Water Projects Ac25 count established under subsection (b)(2), the 


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•S 4705 IS

1 amounts made available pursuant to subparagraph 

2 (B) of section 107(a)(2); 

3 (3) in the Yavapai-Apache Wastewater Projects 

4 Account established under subsection (b)(3), the 

5 amounts made available pursuant to subparagraph 

6 (C) of section 107(a)(2); 

7 (4) in the Yavapai-Apache OM&R Account es8 tablished under subsection (b)(4), the amounts made 

9 available pursuant to subparagraph (D) of section 

10 107(a)(2); and 

11 (5) in the Yavapai-Apache Watershed Rehabili12 tation and Restoration Account established under 

13 subsection (b)(5), the amounts made available pur14 suant to subparagraph (E) of section 107(a)(2). 

15 (d) MANAGEMENT AND INTEREST.— 

16 (1) MANAGEMENT.—On receipt and deposit of 

17 funds into the Trust Fund pursuant to subsection 

18 (b), the Secretary shall manage, invest, and dis19 tribute all amounts in the Trust Fund in a manner 

20 that is consistent with the investment authority of 

21 the Secretary under— 

22 (A) the first section of the Act of June 24, 

23 1938 (25 U.S.C. 162a); 


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•S 4705 IS

1 (B) the American Indian Trust Fund Man2 agement Reform Act of 1994 (25 U.S.C. 4001 

3 et seq.); and 

4 (C) this subsection. 

5 (2) INVESTMENT EARNINGS.—In addition to 

6 the deposits made to the Trust Fund under sub7 section (b), any investment earnings, including inter8 est, credited to amounts held in the Trust Fund are 

9 authorized to be used in accordance with subsection 

10 (g). 

11 (e) AVAILABILITY OF AMOUNTS.—Amounts deposited 

12 in the Trust Fund (including any investment earnings) 

13 shall be made available to the Yavapai-Apache Nation by 

14 the Secretary beginning on the Enforceability Date, sub15 ject to the requirements of this Act. 

16 (f) WITHDRAWALS.— 

17 (1) WITHDRAWALS UNDER THE AMERICAN IN18 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

19 1994.— 

20 (A) IN GENERAL.—The Yavapai-Apache 

21 Nation may withdraw any portion of the 

22 amounts in the Trust Fund on approval by the 

23 Secretary of a Tribal management plan sub24 mitted by the Nation in accordance with the 


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•S 4705 IS

1 American Indian Trust Fund Management Re2 form Act of 1994 (25 U.S.C. 4001 et seq.). 

3 (B) REQUIREMENTS.—In addition to the 

4 requirements under the American Indian Trust 

5 Fund Management Reform Act of 1994 (25 

6 U.S.C. 4001 et seq.), the Tribal management 

7 plan under this subsection shall require that the 

8 Yavapai-Apache Nation spend all amounts with9 drawn from the Trust Fund and any invest10 ment earnings accrued through the investments 

11 under the Tribal management plan in accord12 ance with this Act. 

13 (C) ENFORCEMENT.—The Secretary may 

14 carry out such judicial and administrative ac15 tions as the Secretary determines to be nec16 essary— 

17 (i) to enforce the Tribal management 

18 plan; and 

19 (ii) to ensure that amounts withdrawn 

20 by the Yavapai-Apache Nation from the 

21 Trust Fund under this subsection are used 

22 in accordance with this Act. 

23 (2) EXPENDITURE PLAN.— 

24 (A) IN GENERAL.—The Yavapai-Apache 

25 Nation may submit to the Secretary a request 


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•S 4705 IS

1 to withdraw funds from the Trust Fund pursu2 ant to an approved expenditure plan. 

3 (B) REQUIREMENTS.—To be eligible to 

4 withdraw amounts under an expenditure plan 

5 under this subparagraph, the Yavapai-Apache 

6 Nation shall submit to the Secretary an expend7 iture plan for any portion of the Trust Fund 

8 that the Yavapai-Apache Nation elects to with9 draw pursuant to this subparagraph, subject to 

10 the condition that the amounts shall be used for 

11 the purposes described in this Act. 

12 (C) INCLUSIONS.—An expenditure plan 

13 under this subparagraph shall include a descrip14 tion of the manner and purpose for which the 

15 amounts proposed to be withdrawn from the 

16 Trust Fund will be used by the Yavapai-Apache 

17 Nation in accordance this Act. 

18 (D) APPROVAL.—The Secretary shall ap19 prove an expenditure plan submitted under 

20 clause (ii) if the Secretary determines that the 

21 plan— 

22 (i) is reasonable; and 

23 (ii) is consistent with, and will be used 

24 for, the purposes of this Act. 


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1 (E) ENFORCEMENT.—The Secretary may 

2 carry out such judicial and administrative ac3 tions as the Secretary determines to be nec4 essary to enforce an expenditure plan to ensure 

5 that amounts disbursed under this subsection 

6 are used in accordance with this Act. 

7 (g) USES.—The amounts from the Trust Fund shall 

8 be used by the Yavapai-Apache Nation for the following 

9 purposes: 

10 (1) THE YAVAPAI-APACHE WATER SETTLEMENT

11 IMPLEMENTATION ACCOUNT.—Amounts in the 

12 Yavapai-Apache Water Settlement Implementation 

13 Account may only be used for the following pur14 poses— 

15 (A) to pay fees and costs incurred by the 

16 Yavapai-Apache Nation for filing and proc17 essing any application or obtaining any permit 

18 required under Paragraphs 5.0, 8.0, or 11.0 of 

19 the Agreement; 

20 (B) to pay costs incurred by the Yavapai21 Apache Nation to participate in the planning, 

22 preliminary design, and environmental compli23 ance activities for the Cragin-Verde Pipeline 

24 Project; 


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•S 4705 IS

1 (C) to engage in water management plan2 ning to comply with Paragraph 12.0 of the 

3 Agreement; and 

4 (D) to pay, reimburse, or retire debt for 

5 costs incurred by the Yavapai-Apache Nation 

6 after the date of enactment of this Act for work 

7 under subparagraphs (A), (B) or (C). 

8 (2) THE YAVAPAI-APACHE WATER PROJECTS

9 ACCOUNT.—Amounts in the Yavapai-Apache Water 

10 Projects Account may only be used for the following 

11 purposes— 

12 (A) environmental compliance, permitting, 

13 planning, engineering and design, and construc14 tion, including acquisition of any necessary 

15 rights-of-way or other interests in land, and any 

16 other related activities necessary for the com17 pletion of construction for— 

18 (i) expansion of the YAN Drinking 

19 Water System Project after the Date of 

20 Substantial Completion; 

21 (ii) water infrastructure, and water 

22 storage and recovery projects, that facili23 tate the use or management of the water 

24 sources identified in Subparagraph 4.1 of 

25 the Agreement; 


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•S 4705 IS

1 (iii) the Yavapai-Apache Nation’s pro2 portionate share for any joint project with 

3 communities in the Verde Valley Water4 shed that facilitate the use or management 

5 of the water sources identified in Subpara6 graph 4.1 of the Agreement; and 

7 (B) to pay, reimburse, or retire debt for 

8 costs incurred by the Yavapai-Apache Nation 

9 after the date of enactment of this Act for 

10 projects under subparagraph (A). 

11 (3) THE YAVAPAI-APACHE WASTEWATER

12 PROJECTS ACCOUNT.—Amounts in the Apache 

13 Wastewater Projects Account may only be used for 

14 the following purposes— 

15 (A) environmental compliance, planning, 

16 permitting, engineering and design, and con17 struction, including acquisition of any necessary 

18 rights-of-way or other interests in land, and any 

19 other related activities necessary for the com20 pletion of construction for— 

21 (i) wastewater infrastructure, and 

22 wastewater storage and recovery projects, 

23 that facilitate the reuse or management of 

24 Effluent; 


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•S 4705 IS

1 (ii) the Yavapai-Apache Nation’s pro2 portionate share for any joint project or 

3 projects with communities in the Verde 

4 Valley Watershed that facilitate the reuse 

5 or management of Effluent; 

6 (B) to pay, reimburse, or retire debt for 

7 costs incurred by the Yavapai-Apache Nation 

8 after the date of enactment of this Act for 

9 projects under subparagraph (A); and 

10 (C) to pay the outstanding debt on the 

11 Yavapai-Apache Nation’s loan with the Water 

12 Infrastructure and Finance Authority of Ari13 zona for the construction of the Middle Verde 

14 Water Reclamation Facility (MVWRF) and to 

15 reimburse the Yavapai-Apache Nation up to 

16 $8,000,000 in additional construction costs re17 lated to construction of the MVWRF. 

18 (4) THE YAVAPAI-APACHE OM&R ACCOUNT.— 

19 Amounts in the Yavapai-Apache OM&R Account 

20 may only be used to pay costs of the following— 

21 (A) OM&R and energy costs for the Tu ́

22 n ́lnı ́choh Water Infrastructure Project which 

23 includes the Cragin-Verde Pipeline Project and 

24 the YAN Drinking Water System Project; 


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•S 4705 IS

1 (B) OM&R, energy costs, and any other 

2 charges assessed to the Yavapai-Apache Nation 

3 pursuant to the YAN-SRP Water Delivery and 

4 Use Agreement, the YAN-SRP Exchange 

5 Agreement, and the YAN Amended CAP Water 

6 Delivery Contract; and 

7 (C) OM&R for Yavapai-Apache Nation 

8 projects described in subsections (a)(2), (a)(3) 

9 and (a)(5). 

10 (5) YAVAPAI-APACHE WATERSHED REHABILITA11 TION AND RESTORATION ACCOUNT.—Amounts in the 

12 Yavapai-Apache Watershed Rehabilitation and Res13 toration Account may only be used for the purpose 

14 of environmental compliance, permitting, planning, 

15 engineering and design activities, and construction 

16 of projects for the protection and restoration of the 

17 Verde River Watershed, and any other related activi18 ties necessary for the completion of such projects. 

19 (h) LIABILITY.—The Secretary and the Secretary of 

20 the Treasury shall not be liable for the expenditure or in21 vestment of any amounts withdrawn from the Trust Fund 

22 by the Yavapai-Apache Nation under subsection (f). 

23 (i) TITLE TO INFRASTRUCTURE.—Title to, control 

24 over, and operation of any project constructed using funds 


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•S 4705 IS

1 from the Trust Fund, shall remain in the Yavapai-Apache 

2 Nation. 

3 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

4 the Trust Fund shall be distributed on a per capita basis 

5 to any Member of the Yavapai-Apache Nation. 

6 (k) EXPENDITURE REPORTS.—The Yavapai-Apache 

7 Nation shall annually submit to the Secretary an expendi8 ture report describing accomplishments and amounts 

9 spent from use of withdrawals under a Tribal management 

10 plan or an expenditure plan under this Act. 

11 (l) EFFECT.—Nothing in this section gives the 

12 Yavapai-Apache Nation the right to judicial review of a 

13 determination of the Secretary relating to whether to ap14 prove a Tribal management plan under subsection (f)(1) 

15 or an expenditure plan under subsection (f)(2) except 

16 under subchapter II of chapter 5, and chapter 7, of title 

17 5, United States Code (commonly known as the ‘‘Adminis18 trative Procedure Act’’). 

19 SEC. 106. GAGING STATION. 

20 The Secretary, acting through the Director of the 

21 USGS, shall continue to maintain and operate the existing 

22 USGS gaging station at the YAN Point of Compliance, 

23 identified as ‘‘Verde River Above Camp Verde - 

24 09504950,’’ within the Middle Verde District of the 

25 Yavapai-Apache Reservation, for the purpose of moniVerDate Sep 11 2014 21:59 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705

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1 toring the instream flow right of the Yavapai-Apache Na2 tion to the Verde River as described in section 

3 102(b)(1)(A) and Paragraph 11.0 of the Agreement. 

4 SEC. 107. FUNDING. 

5 (a) MANDATORY APPROPRIATIONS.—Out of any 

6 money in the Treasury not otherwise appropriated, the 

7 Secretary of the Treasury shall transfer to the Secretary, 

8 to remain available to the Secretary until expended, with9 drawn or reverted to the general fund of the Treasury, 

10 the following amounts: 

11 (1) TU ́ N ́LNI ́CHOH WATER INFRASTRUCTURE

12 PROJECT FUND.— 

13 (A) $731,059,000 in the Cragin-Verde 

14 Pipeline Account described in section 104(b)(1); 

15 and 

16 (B) $152,490,000 in the YAN Drinking 

17 Water System Account described in section 

18 104(b)(2). 

19 (2) YAVAPAI-APACHE NATION WATER SETTLE20 MENT TRUST FUND ACCOUNT.— 

21 (A) $300,000 in the Yavapai-Apache 

22 Water Settlement Implementation Account de23 scribed in section 105(b)(1); 


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•S 4705 IS

1 (B) $58,000,000 in the Yavapai-Apache 

2 Water Projects Account described in section 

3 105(b)(2); 

4 (C) $31,000,000 in the Yavapai-Apache 

5 Wastewater Projects Account described in sec6 tion 105(b)(3); 

7 (D) $66,000,000 in the Yavapai-Apache 

8 OM&R Account described in section 105(b)(4); 

9 and 

10 (E) $700,000 in the Yavapai-Apache Wa11 tershed Rehabilitation and Restoration Account 

12 described in section 105(b)(5). 

13 (b) TU ́ N ́LNI ́CHOH WATER INFRASTRUCTURE

14 PROJECT ADDITIONAL AUTHORIZATION.—In addition to 

15 the mandatory appropriation made available under sub16 section (a)(1), there is authorized to be appropriated to 

17 the Project Fund such funds as are necessary to complete 

18 the construction of the Tu ́ n ́lnı ́choh Water Infrastructure 

19 Project, to remain available until expended, withdrawn, or 

20 reverted to the general fund of the Treasury. 

21 (c) ADDITIONAL AUTHORIZATIONS.—In general there 

22 are authorized to be appropriated— 

23 (1) such sums as necessary for section 106 of 

24 this Act; and 


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•S 4705 IS

1 (2) such sums as necessary for the care, oper2 ation, and maintenance of the Tu ́ n ́lnı ́choh Water 

3 Infrastructure Project until the Date of Substantial 

4 Completion. 

5 (d) FLUCTUATION IN COSTS.— 

6 (1) PROJECT FUND.—The amounts authorized 

7 to be appropriated under subsection (a)(1) shall 

8 be— 

9 (A) increased or decreased, as appropriate, 

10 by such amounts as may be justified by reason 

11 of ordinary fluctuations in costs occurring after 

12 January 1, 2024, as indicated by the Bureau of 

13 Reclamation Construction Cost Index applicable 

14 to the types of construction involved; and 

15 (B) adjusted to address construction cost 

16 changes necessary to account for unforeseen 

17 market volatility that may not otherwise be cap18 tured by engineering cost indices as determined 

19 by the Secretary, including repricing applicable 

20 to the means of construction and current indus21 try standards involved. 

22 (2) TRUST FUND.—The amounts authorized to 

23 be appropriated under subsection (a)(2) shall be— 

24 (A) increased or decreased, as appropriate, 

25 by such amounts as may be justified by reason 


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1 of ordinary fluctuations in costs occurring after 

2 January 1, 2024, as indicated by the Bureau of 

3 Reclamation Construction Cost Index—Com4 posite Trend; and 

5 (B) adjusted to address construction cost 

6 changes necessary to account for unforeseen 

7 market volatility that may not otherwise be cap8 tured by engineering cost indices as determined 

9 by the Secretary, including repricing applicable 

10 to the means of construction and current indus11 try standards involved. 

12 (3) REPETITION.—The adjustment process 

13 under this subsection shall be repeated for each sub14 sequent amount appropriated until the amount au15 thorized, as adjusted, has been appropriated. 

16 (4) REQUIREMENTS FOR ADJUSTMENT PROC17 ESS.—The adjustment process under this subsection 

18 shall be repeated for each subsequent amount appro19 priated for deposit in the Project Fund under sub20 section (a)(1) and the Trust Fund under subsection 

21 (a)(2), until the amount authorized to be appro22 priated, as so adjusted, has been appropriated. 

23 (5) PERIOD OF INDEXING.— 

24 (A) PROJECT FUND.—With respect to the 

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1 ment for any increment of funding shall be an2 nual until the Tu ́ n ́lnı ́choh Water Infrastruc3 ture Project is completed. 

4 (B) TRUST FUND.—With respect to the 

5 Yavapai-Apache Nation Water Settlement Trust 

6 Fund, the period of indexing adjustment for 

7 any increment of funding shall end on the date 

8 on which funds are deposited into the Trust 

9 Fund. 

10 (e) COMMENCEMENT OF ENVIRONMENTAL COMPLI11 ANCE.—Subject to the requirements of section 

12 104(e)(2)(A) and (B), effective beginning on the date of 

13 deposit of funds in the Project Fund, the Secretary shall 

14 commence any planning, design, environmental, cultural, 

15 and historical compliance activities necessary to imple16 ment the Agreement and this Act, including activities nec17 essary to comply with section 101(c)(1)(A)(B)(C) of this 

18 Act. 

19 SEC. 108. WAIVERS, RELEASES AND RETENTIONS OF 

20 CLAIMS. 

21 (a) WAIVER, RELEASE, AND RETENTION OF CLAIMS

22 FOR WATER RIGHTS AND INJURY TO WATER RIGHTS BY

23 THE YAVAPAI-APACHE NATION, ON BEHALF OF THE

24 YAVAPAI-APACHE NATION AND THE MEMBERS OF THE

25 YAVAPAI-APACHE NATION (BUT NOT MEMBERS IN THE


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1 CAPACITY OF THE MEMBERS AS ALLOTTEES), AND THE

2 UNITED STATES, ACTING AS TRUSTEE FOR THE

3 YAVAPAI-APACHE NATION (BUT NOT MEMBERS IN THE

4 CAPACITY OF THE MEMBERS AS ALLOTTEES).— 

5 (1) Except as provided in paragraph (3), the 

6 Yavapai-Apache Nation, on behalf of the Yavapai7 Apache Nation and the Members of the Yavapai8 Apache Nation (but not Members in the capacity of 

9 the Members as Allottees), and the United States, 

10 acting as trustee for the Yavapai-Apache Nation and 

11 the Members of the Yavapai-Apache Nation (but not 

12 Members in the capacity of the Members as 

13 Allottees), as part of the performance of the respec14 tive obligations of the Yavapai-Apache Nation and 

15 the United States under the Agreement and this 

16 Act, shall execute a waiver and release of any claims 

17 against the State (or any agency or political subdivi18 sion of the State), and any other individual, entity, 

19 corporation, or municipal corporation under Federal, 

20 State, or other law for all— 

21 (A) Past, present, and future claims for 

22 Water Rights, including rights to Colorado 

23 River water, for YAN Land, arising from time 

24 immemorial and, thereafter, forever; 


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1 (B) Past, present, and future claims for 

2 Water Rights, including rights to Colorado 

3 River water, arising from time immemorial and, 

4 thereafter, forever, that are based on the ab5 original occupancy of land by the Yavapai6 Apache Nation, the predecessors of the 

7 Yavapai-Apache Nation, the Members of the 

8 Yavapai-Apache Nation, or the predecessors of 

9 the Members of the Yavapai-Apache Nation; 

10 (C) Past and present claims for Injury to 

11 Water Rights, including rights to Colorado 

12 River water, for YAN Land, arising from time 

13 immemorial through the Enforceability Date; 

14 (D) Past, present, and future claims for 

15 Injury to Water Rights, including rights to Col16 orado River water, arising from time immemo17 rial and, thereafter, forever, that are based on 

18 the aboriginal occupancy of land by the 

19 Yavapai-Apache Nation, the predecessors of the 

20 Yavapai-Apache Nation, the Members of the 

21 Yavapai-Apache Nation, or the predecessors of 

22 the Members of the Yavapai-Apache Nation; 

23 (E) Claims for Injury to Water Rights, in24 cluding rights to Colorado River water, arising 

25 after the Enforceability Date, for YAN Land, 


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1 resulting from the off-Reservation Diversion or 

2 Use of Water in a manner not in violation of 

3 the Agreement or State law; and 

4 (F) Past, present, and future claims aris5 ing out of, or relating in any manner to, the ne6 gotiation, execution, or adoption of the Agree7 ment, any judgment or decree approving or in8 corporating the Agreement, or this Act. 

9 (2) The waiver and release of claims described 

10 in paragraph (1) shall be in the form set forth in 

11 Exhibit 13.1 to the Agreement and shall take effect 

12 on the Enforceability Date. 

13 (3) Notwithstanding the waiver and release of 

14 claims described in paragraph (1) and set forth in 

15 Exhibit 13.1 to the Agreement, the Yavapai-Apache 

16 Nation, acting on behalf of the Yavapai-Apache Na17 tion and the Members of the Yavapai-Apache Na18 tion, and the United States, acting as trustee for the 

19 YAN and the Members of the YAN (but not Mem20 bers in the capacity of the Members as Allottees), 

21 shall retain any right— 

22 (A) subject to Subparagraph 17.9 of the 

23 Agreement, to assert claims for injuries to, and 

24 seek enforcement of, their rights under the 


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•S 4705 IS

1 Agreement or this Act in any Federal or State 

2 court of competent jurisdiction; 

3 (B) to assert claims for injuries to, and 

4 seek enforcement of, their rights under any 

5 judgment or decree entered by the Gila River 

6 Adjudication Court, including the Verde River 

7 Decree; 

8 (C) to assert claims for Water Rights or 

9 Injury to Water Rights acquired before the En10 forceability Date pursuant to Subparagraph 

11 4.14.1 of the Agreement; 

12 (D) to challenge or object to any claims for 

13 Water Rights or Injury to Water Rights by or 

14 for any Indian tribe, or the United States, act15 ing on behalf of any Indian tribe; 

16 (E) to assert past, present, or future 

17 claims for Injury to Water Rights against any 

18 Indian tribe, or the United States, acting on be19 half of any Indian tribe; 

20 (F) to assert claims for Injury to Water 

21 Rights arising after the Enforceability Date for 

22 YAN Land resulting from any off-Reservation 

23 Diversion of Surface Water within the Verde 

24 River Watershed, other than from a well, if the 

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1 tiated after the Effective Date and was not the 

2 subject of a permit to appropriate Surface 

3 Water issued by the Arizona Department of 

4 Water Resources before the Effective Date; and 

5 (G) to assert claims for Injury to Water 

6 Rights arising after the Enforceability Date for 

7 YAN Land resulting from any off-Reservation 

8 Diversion or Use of Water from a well, if— 

9 (i) the Water is determined by the 

10 Gila River Adjudication Court to be Sur11 face Water; 

12 (ii) the well is located within the 

13 Verde River Watershed above USGS Gage 

14 No. 09506000 identified as ‘‘Verde River 

15 near Camp Verde, AZ’’; 

16 (iii) the well was constructed after the 

17 Effective Date; and 

18 (iv) the well is not: 

19 (I) a Replacement Well; 

20 (II) a new point of Diversion for 

21 a Surface Water Use predating the 

22 Effective Date; 

23 (III) operated by a Municipal 

24 Water Provider pursuant to an agree25 ment with the Yavapai-Apache Nation 


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•S 4705 IS

1 under Subparagraph 16.1.2 of the 

2 Agreement; 

3 (IV) constructed for Domestic 

4 Use or Stock Watering Use; 

5 (V) constructed to supply a 

6 Stockpond with a capacity not to ex7 ceed 4 acre-feet; 

8 (VI) used by a city or town in 

9 the Prescott active management area 

10 to: 

11 (aa) withdraw Underground 

12 Water from land located in the 

13 Big Chino sub-basin of the Verde 

14 River groundwater basin that has 

15 historically irrigated acres for 

16 transportation to an adjacent ini17 tial active management area 

18 under the criteria set forth in 

19 A.R.S. §45–555(A)–(D), as that 

20 statute exists as of the Effective 

21 Date, a copy of which is attached 

22 as Exhibit 13.1.3 to the Agree23 ment; 

24 (bb) withdraw and transport 

25 8,068 AFY of Underground 


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•S 4705 IS

1 Water from the Big Chino sub2 basin of the Verde River ground3 water basin to the Prescott active 

4 management area pursuant to 

5 the criteria set forth in A.R.S. 

6 §45-555(E) and (G), as that 

7 statute exists as of the Effective 

8 Date, a copy of which is attached 

9 as Exhibit 13.1.3 to the Agree10 ment; or 

11 (cc) withdraw and transport 

12 Underground Water from land 

13 located in the Big Chino sub14 basin of the Verde River ground15 water basin to the Prescott active 

16 management area to meet the ad17 ditional needs of an Indian tribe 

18 in the Prescott active manage19 ment area pursuant to a feder20 ally-approved Indian water rights 

21 settlement under A.R.S §45- 

22 555(G) and (F), as that statute 

23 exists as of the Effective date, a 

24 copy of which is attached as ExVerDate Sep 11 2014 21:59 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705

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•S 4705 IS

1 hibit 13.1.3 to the Agreement; 

2 and 

3 (VII) providing a source of sup4 ply for an M&I Use for a Municipal 

5 Water Provider or a Public Water 

6 System (that does not have an agree7 ment with the YAN pursuant to sub8 paragraph 16.1.2 of the Agreement) 

9 that meets all of the following condi10 tions: 

11 (aa) The well is located out12 side the lateral limits of the 

13 Verde River Subflow Zone. 

14 (bb) All buildings con15 structed after the well is drilled 

16 that are served by the Municipal 

17 Water Provider or Public Water 

18 System have WaterSense Labeled 

19 Fixtures, or fixtures that are 

20 equivalent to or exceed 

21 WaterSense specifications for 

22 water efficiency and performance 

23 as set forth in Exhibit 2.90 to 

24 the Agreement. 


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•S 4705 IS

1 (cc) The Municipal Water 

2 Provider or Public Water System 

3 uses its best efforts to ensure 

4 that all outdoor landscaping in5 stalled after the well is drilled 

6 that is served by the Municipal 

7 Water Provider or Public Water 

8 System uses only native or 

9 drought tolerant plants, except as 

10 provided for in item (dd). 

11 (dd) All turf or other land12 scape areas not using native or 

13 drought tolerant plants, including 

14 for schools, parks, cemeteries, 

15 golf courses, or common areas, 

16 installed after the well is drilled 

17 are, to the extent permitted by 

18 State law, prohibited by the Mu19 nicipal Water Provider or Public 

20 Water System unless the plants 

21 are 100 percent served with Ef22 fluent, greywater, harvested rain23 water, or some combination 

24 thereof. 


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•S 4705 IS

1 (ee) Ornamental water fea2 tures (except swimming pools), 

3 ponds, and lakes constructed 

4 after the well is drilled are, to the 

5 extent permitted by State law, 

6 prohibited by the Municipal 

7 Water Provider or Public Water 

8 System unless the features, 

9 ponds, and lakes are 100 percent 

10 served with Effluent, greywater, 

11 harvested rainwater, or some 

12 combination thereof. 

13 (b) WAIVER, RELEASE, AND RETENTION OF CLAIMS

14 FOR WATER RIGHTS AND INJURY TO WATER RIGHTS BY

15 THE YAVAPAI-APACHE NATION, ON BEHALF OF THE

16 YAVAPAI-APACHE NATION AND THE MEMBERS OF THE

17 YAVAPAI-APACHE NATION (BUT NOT MEMBERS IN THE

18 CAPACITY OF THE MEMBERS AS ALLOTTEES), AGAINST

19 THE UNITED STATES.— 

20 (1) Except as provided in paragraph (3), the 

21 Yavapai-Apache Nation, acting on behalf of the 

22 Yavapai-Apache Nation and the Members of the 

23 Yavapai-Apache Nation (but not Members in the ca24 pacity of the Members as Allottees), as part of the 

25 performance of the obligations of the YavapaiVerDate Sep 11 2014 21:59 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705

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•S 4705 IS

1 Apache Nation under the Agreement and this Act, 

2 shall execute a waiver and release of all claims 

3 against the United States, including agencies, offi4 cials, and employees of the United States, under 

5 Federal, State, or other law for all— 

6 (A) Past, present, and future claims for 

7 Water Rights, including rights to Colorado 

8 River water, for YAN Land, arising from time 

9 immemorial and, thereafter, forever; 

10 (B) Past, present, and future claims for 

11 Water Rights, including rights to Colorado 

12 River water, arising from time immemorial and, 

13 thereafter, forever, that are based on the ab14 original occupancy of land by the Yavapai15 Apache Nation, the predecessors of the 

16 Yavapai-Apache Nation, the Members of the 

17 Yavapai-Apache Nation, or the predecessors of 

18 the members of the Yavapai-Apache Nation; 

19 (C) Past and present claims relating in 

20 any manner to damage, losses, or injury to land 

21 or other resources due to loss of Water or 

22 Water Rights (including damages, losses, or in23 juries to hunting, fishing, gathering, or cultural 

24 rights due to loss of Water or Water Rights, 

25 claims relating to interference with, Diversion, 


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•S 4705 IS

1 or taking of Water, or claims relating to the 

2 failure to protect, acquire, or develop Water, 

3 Water Rights, or Water infrastructure) within 

4 the State that first accrued at any time prior 

5 to the Enforceability Date; 

6 (D) Past and present claims for Injury to 

7 Water Rights, including rights to Colorado 

8 River water, for YAN Land, arising from time 

9 immemorial through the Enforceability Date; 

10 (E) Past, present, and future claims for 

11 Injury to Water Rights, including rights to Col12 orado River water, arising from time immemo13 rial and, thereafter, forever, that are based on 

14 the aboriginal occupancy of land by the 

15 Yavapai-Apache Nation, the predecessors of the 

16 Yavapai-Apache Nation, the Members of the 

17 Yavapai-Apache Nation, or the predecessors of 

18 the members of the Yavapai-Apache Nation; 

19 (F) Claims for Injury to Water Rights, in20 cluding injury to rights to Colorado River 

21 water, arising after the Enforceability Date for 

22 YAN Land, resulting from the off-Reservation 

23 Diversion or Use of Water in a manner not in 

24 violation of the Agreement or State law; and 


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•S 4705 IS

1 (G) Past, present, and future claims aris2 ing out of, or relating in any manner to, the ne3 gotiation, execution, or adoption of the Agree4 ment, any judgment or decree approving or in5 corporating the Agreement, or this Act. 

6 (2) The waiver and release of claims described 

7 in paragraph (1) shall be in the form set forth in 

8 Exhibit 13.2 to the Agreement and shall take effect 

9 on the Enforceability Date. 

10 (3) Notwithstanding the waiver and release of 

11 claims described in paragraph (1) and set forth in 

12 Exhibit 13.2 to the Agreement, the Yavapai-Apache 

13 Nation and the Members of the Yavapai-Apache Na14 tion (but not Members in the capacity of the Mem15 bers as Allottees) shall retain any right— 

16 (A) subject to Subparagraph 17.9 of the 

17 Agreement, to assert claims for injuries to, and 

18 seek enforcement of, their rights under the 

19 Agreement or this Act in any Federal or State 

20 court of competent jurisdiction; 

21 (B) to assert claims for injuries to, and 

22 seek enforcement of, their rights under any 

23 judgment or decree entered by the Gila River 

24 Adjudication Court, including the Verde River 

25 Decree; 


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•S 4705 IS

1 (C) to assert claims for Water Rights or 

2 Injury to Water Rights acquired before the En3 forceability Date pursuant to Subparagraph 

4 4.14.1 of the Agreement; 

5 (D) to challenge or object to any claims for 

6 Water Rights or Injury to Water Rights by or 

7 for any Indian Tribe or the United States, act8 ing on behalf of any Indian Tribe; 

9 (E) to assert past, present, or future 

10 claims for Injury to Water Rights against any 

11 Indian Tribe or the United States, acting on 

12 behalf of any Indian Tribe; 

13 (F) to assert claims for Injury to Water 

14 Rights arising after the Enforceability Date for 

15 YAN Land resulting from any off-Reservation 

16 Diversion of Surface Water within the Verde 

17 River Watershed, other than from a well, if the 

18 Diversion or Use of Surface Water was first ini19 tiated after the Effective Date and was not the 

20 subject of a permit to appropriate Surface 

21 Water issued by the Arizona Department of 

22 Water Resources before the Effective Date; and 

23 (G) to assert claims for Injury to Water 

24 Rights arising after the Enforceability Date for 


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•S 4705 IS

1 YAN Land resulting from any off-Reservation 

2 Diversion or Use of Water from a well, if— 

3 (i) the Water is determined by the 

4 Gila River Adjudication Court to be Sur5 face Water; 

6 (ii) the well is located within the 

7 Verde River Watershed above Gage No. 

8 09506000, Verde River near Camp Verde, 

9 AZ; 

10 (iii) the well was constructed after the 

11 Effective Date; and 

12 (iv) the well is not: 

13 (I) a Replacement Well; 

14 (II) a new point of Diversion for 

15 a Surface Water Use predating the 

16 Effective Date; 

17 (III) operated by a Municipal 

18 Water Provider pursuant to an agree19 ment with the Yavapai-Apache Nation 

20 under Subparagraph 16.1.2 of the 

21 Agreement; 

22 (IV) constructed for Domestic 

23 Use or Stock Watering Use; or 


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•S 4705 IS

1 (V) constructed to supply a 

2 Stockpond with a capacity not to ex3 ceed 4 acre-feet. 

4 (c) WAIVER, RELEASE AND RETENTION OF CLAIMS

5 BY THE UNITED STATES IN ALL CAPACITIES (EXCEPT

6 AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN THE

7 YAVAPAI-APACHE NATION) AGAINST THE YAVAPAI8 APACHE NATION AND THE MEMBERS OF THE YAVAPAI9 APACHE NATION.— 

10 (1) Except as provided in paragraph (3), the 

11 United States, in all capacities (except as trustee for 

12 an Indian Tribe other than the Yavapai-Apache Na13 tion), as part of the performance of the obligations 

14 of the United States under the Agreement and this 

15 Act, shall execute a waiver and release of all claims 

16 against the Yavapai-Apache Nation, the Members of 

17 the Yavapai-Apache Nation, or any agency, official, 

18 or employee of the Yavapai-Apache Nation, under 

19 Federal, State, or any other law for all— 

20 (A) Past and present claims for Injury to 

21 Water Rights, including injury to rights to Col22 orado River water, resulting from the Diversion 

23 or Use of Water on YAN Land arising from 

24 time immemorial through the Enforceability 

25 Date; 


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•S 4705 IS

1 (B) Claims for Injury to Water Rights, in2 cluding injury to rights to Colorado River 

3 water, arising after the Enforceability Date, re4 sulting from the Diversion or Use of Water on 

5 YAN Land in a manner that is not in violation 

6 of the Agreement or State law; and 

7 (C) Past, present, and future claims aris8 ing out of, or related in any manner to, the ne9 gotiation, execution, or adoption of the Agree10 ment, any judgment or decree approving or in11 corporating the Agreement, or this Act. 

12 (2) The waiver and release of claims described 

13 in paragraph (1) shall be in the form set forth in 

14 Exhibit 13.3 to the Agreement and shall take effect 

15 on the Enforceability Date. 

16 (3) Notwithstanding the waiver and release of 

17 claims described in paragraph (1) and set forth in 

18 Exhibit 13.3 to the Agreement, the United States 

19 shall retain any right to assert any claim not ex20 pressly waived in accordance with that paragraph 

21 and that exhibit. 

22 (d) NO EFFECT ON ACTIONS RELATING TO HEALTH, 

23 SAFETY OR ENVIRONMENT.—Nothing in the Agreement 

24 or this Act affects any right of the United States or the 

25 Yavapai-Apache Nation on behalf of the Yavapai-Apache 


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•S 4705 IS

1 Nation, or on behalf of the Members of the Yavapai2 Apache Nation, to take any action authorized by law relat3 ing to health, safety, or the environment, including— 

4 (1) The Federal Water Pollution Control Act, 

5 commonly known as ‘‘the Clean Water Act’’, (33 

6 U.S.C. 1251 et seq.); 

7 (2) The Safe Drinking Water Act (42 U.S.C. 

8 300f et seq.). 

9 (3) The Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 (42 

11 U.S.C. 9601 et seq.); and 

12 (4) any regulations implementing the Acts de13 scribed in subsection (d)(1), (d)(2) or (d)(3). 

14 SEC. 109. SATISFACTION OF WATER RIGHTS AND OTHER 

15 BENEFITS; EFFECT ON MEMBERS OF THE 

16 YAVAPAI-APACHE NATION AND DINAH HOOD 

17 ALLOTMENT. 

18 (a) IN GENERAL.—The benefits provided under the 

19 Agreement and this Act shall be in complete replacement 

20 of, complete substitution for, and full satisfaction of any 

21 claim of the Yavapai-Apache Nation and the Members of 

22 the Yavapai-Apache Nation (but not Members in the ca23 pacity of the Members as Allottees) against the parties 

24 to the Agreement, including the United States, that is 

25 waived and released by the Yavapai-Apache Nation acting 


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•S 4705 IS

1 on behalf of the Yavapai-Apache Nation and the Members 

2 of the Yavapai-Apache Nation (but not Members in the 

3 capacity of the Members as Allottees) pursuant to sections 

4 108(a) and 108(b) of this Act and Subparagraphs 13.1 

5 and 13.2 to the Agreement. 

6 (b) ENTITLEMENTS.—Any entitlement to Water of 

7 the Yavapai-Apache Nation and the Members of the 

8 Yavapai-Apache Nation (but not Members in the capacity 

9 of the Members as Allottees) or the United States acting 

10 in the capacity of the United States as trustee for the 

11 Yavapai-Apache Nation and the Members of the Yavapai12 Apache Nation (but not Members in the capacity of the 

13 Members as Allottees), for YAN Land shall be satisfied 

14 out of the water resources and other benefits granted, con15 firmed, quantified, or recognized by the Agreement or this 

16 Act to or for the Yavapai-Apache Nation, the Members 

17 of the Yavapai-Apache Nation (but not Members in the 

18 capacity of the Members as Allottees), and the United 

19 States, acting in the capacity of the United States as 

20 trustee for the Yavapai-Apache Nation and the Members 

21 of the Yavapai-Apache Nation (but not Members in the 

22 capacity of the Members as Allottees). 

23 (c) SAVINGS PROVISION.—Notwithstanding sub24 sections (a) and (b), nothing in the Agreement or this 

25 Act— 


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•S 4705 IS

1 (1) recognizes or establishes any right of a 

2 Member of the Yavapai-Apache Nation to Water on 

3 YAN Land; or 

4 (2) prohibits the Yavapai-Apache Nation from 

5 acquiring additional Water Rights by purchase or 

6 donation of land, credits, or Water Rights. 

7 (d) EFFECT ON MEMBERS OF THE YAVAPAI-APACHE

8 NATION.—Except as provided in subsections (a) and (b) 

9 and sections 108(a) and 108(b), the Agreement and this 

10 Act shall not affect any rights of any Member of the 

11 Yavapai-Apache Nation to water for land outside of YAN 

12 Land. 

13 (e) EFFECT ON DINAH HOOD ALLOTMENT.— 

14 (1) IN GENERAL.— 

15 (A) Nothing in the Agreement and this Act 

16 quantifies or diminishes any Water Right, or 

17 any claim or entitlement to Water for the 

18 Dinah Hood Allotment; or 

19 (B) precludes beneficial owners of the 

20 Dinah Hood Allotment, or the United States, 

21 acting in its capacity as trustee for beneficial 

22 owners of the Dinah Hood allotment, from 

23 making claims for Water Rights in Arizona. To 

24 the extent authorized by applicable law, bene25 ficial owners of the Dinah Hood Allotment, or 


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•S 4705 IS

1 the United States, acting in its capacity as 

2 trustee for beneficial owners of the Dinah Hood 

3 allotment, may make claims to, and may be ad4 judicated, individual Water Rights in Arizona. 

5 (2) EXCEPTION.—Notwithstanding paragraph 

6 (1), the Yavapai-Apache Nation, in its capacity as a 

7 holder of a beneficial real property interest in the 

8 Dinah Hood Allotment, shall not object to, challenge 

9 or dispute the claims of Water users to Water from 

10 the Verde River Watershed, in the Gila River Adju11 dication Proceedings or in any other judicial or ad12 ministrative proceeding. 

13 SEC. 110. TRUST LAND. 

14 (a) YAVAPAI-APACHE RESERVATION.—The Yavapai15 Apache Reservation includes— 

16 (1) the land located within the exterior bound17 aries of the Yavapai-Apache Reservation as de18 scribed and depicted in Exhibits 2.96A through E 

19 and Exhibit 2.102 to the Agreement, as documented 

20 by the Department Interior Division of Land Titles 

21 and Records Office; 

22 (2) the land added to the Reservation pursuant 

23 to subsection (b); 

24 (3) the land added to the Reservation pursuant 

25 to section 201(c); and 


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•S 4705 IS

1 (4) land that, as of the Enforceability Date, has 

2 been added to the Reservation pursuant to Federal 

3 law. 

4 (b) LAND TO BE TAKEN INTO TRUST.— 

5 (1) IN GENERAL.—Within thirty (30) days of 

6 enactment of this Act, the Secretary is authorized 

7 and directed to accept the transfer of title to the 

8 land shown on the maps in Exhibits 2.98A and 

9 2.98B to the Agreement, as identified in subpara10 graphs (A), (B), (C), (D), (E), (F), and (G) and to 

11 hold such land in trust for the benefit of the 

12 Yavapai-Apache Nation. 

13 (A) OTTER WATERS.—A tract of land lo14 cated in Section 33, Township 15 North, Range 

15 4 East, Gila and Salt River Base and Meridian, 

16 Yavapai County, Arizona, as described in in17 strument number 2023-0005245 recorded on 

18 February 3, 2023 in the records of the Yavapai 

19 County Recorder. 

20 (B) CEMETERY PROPERTY.—A tract of 

21 land located in the East half of the Northeast 

22 quarter of Section 11, Township 14 North, 

23 Range 4 East, Gila and Salt River Meridian, 

24 Yavapai County, Arizona, as described in in25 strument number 2023-0025892 recorded on 


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•S 4705 IS

1 June 15, 2023 in the records of the Yavapai 

2 County Recorder. 

3 (C) BROWN PROPERTY.— 

4 (i) PARCEL 1.—A tract of land located 

5 in the Southwest quarter of the Southwest 

6 quarter of Section 2, Township 14 North, 

7 Range 4 East of the Gila and Salt River 

8 Base and Meridian, Yavapai County, Ari9 zona, as described in instrument number 

10 2021-0087445 recorded on December 9, 

11 2021 in the records of the Yavapai County 

12 Recorder. 

13 (ii) PARCEL 2.—A tract of land lo14 cated in the Southwest quarter of the 

15 Southwest quarter of Section 2 and the 

16 Northwest quarter of the Northwest quar17 ter of Section 11, Township 14 North, 

18 Range 4 East of the Gila and Salt River 

19 Base and Meridian, Yavapai County, Ari20 zona, as described in instrument number 

21 2021-0087445 recorded on December 9, 

22 2021 in the records of the Yavapai County 

23 Recorder. 

24 (D) DISTANTCE DRUMS RV PARK PROP25 ERTY.— 


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•S 4705 IS

1 (i) PARCEL 1.—A tract of land as re2 corded in Book 3627, Page 782, Records 

3 of Yavapai County, located in a portion of 

4 Government Lots 10 and 11 of Section 7 

5 and Government Lots 13 and 14 of Sec6 tion 18, Township 14 North, Range 5 East 

7 of the Gila and Salt River Base and Merid8 ian, Yavapai County, Arizona, as described 

9 in Book 4332, Page 281 recorded on No10 vember 7, 2005 in the records of the 

11 Yavapai County Recorder. 

12 (ii) PARCEL 2.—A tract of land lo13 cated in a portion of Government Lot 12 

14 of Section 7, Township 14 North, Range 5 

15 East of the Gila and Salt River Base and 

16 Meridian, Yavapai County, Arizona, as de17 scribed in Book 4332, Page 281 recorded 

18 on November 7, 2005 in the records of the 

19 Yavapai County Recorder. 

20 (iii) PARCEL 3.—A tract of land lo21 cated in Section 7, Township 14 North, 

22 Range 5 East of the Gila and Salt River 

23 Base and Meridian, Yavapai County, Ari24 zona, as described in Book 4332, Page 281 


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•S 4705 IS

1 recorded on November 7, 2005 in the 

2 records of the Yavapai County Recorder. 

3 (E) SONIC/CHEVRON PROPERTY.— 

4 (i) PARCEL 1.—A tract of land located 

5 in that part of Lot 13, Section 18, Town6 ship 14, North, Range 5 East of the Gila 

7 and Salt River Base and Meridian, 

8 Yavapai County, Arizona, being a portion 

9 of that parcel of land described in Book 

10 3068, Page 519 in the Office of the 

11 Yavapai County Recorder, as described in 

12 Book 4115, Page 876 recorded on Feb13 ruary 2, 2004 in the records of the 

14 Yavapai County Recorder. 

15 (ii) PARCEL 2.—A tract of land lo16 cated in that part of Lot 13, Section 18, 

17 Township 14 North, Range 5 East of the 

18 Gila and Salt River Base and Meridian, 

19 Yavapai County, Arizona, being a portion 

20 of that parcel of land described in Book 

21 3068, Page 519 in the Office of the 

22 Yavapai County Recorder, as described in 

23 Book 4115, Page 876 recorded on Feb24 ruary 2, 2004 in the records of the 

25 Yavapai County Recorder. 


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•S 4705 IS

1 (iii) PARCEL 3.—A tract of land lo2 cated in that part of Lot 13, Section 18, 

3 Township 14 North, Range 5 East of the 

4 Gila and Salt River Base and Meridian, 

5 Yavapai County, Arizona, being a portion 

6 of that parcel of land described in Book 

7 3068, Page 519 in the office of the 

8 Yavapai County Recorder, as described in 

9 Book 4115, Page 888 recorded on Feb10 ruary 2, 2004 in the records of the 

11 Yavapai County Recorder. 

12 (F) ARENA DEL LOMA PROPERTY.— 

13 (i) PARCEL 1.—A tract of land located 

14 in Section 19, Township 14 North, Range 

15 5 East of the Gila and Salt River Base 

16 and Meridian, Yavapai County, Arizona, as 

17 described in instrument number 2020- 

18 0044727 recorded on August 7, 2020 in 

19 the records of the Yavapai County Re20 corder. 

21 (ii) PARCEL 2.—A tract of land lo22 cated in Section 19, Township 14 North, 

23 Range 5 East of the Gila and Salt River 

24 Base and Meridian, Yavapai County, Ari25 zona, lying within South Middle Verde 


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•S 4705 IS

1 Road (Arena Del Loma Road) as aban2 doned by Town of Camp Verde, as shown 

3 on plat of record in Book 198 of Maps, 

4 Page 51, records of Yavapai County, Ari5 zona, as described in instrument number 

6 2020-0044727 recorded on August 7, 2020 

7 in the records of the Yavapai County Re8 corder. 

9 (iii) PARCEL 3.—A tract of land lo10 cated in the Northeast quarter of Section 

11 19, Township 14 North, Range 5 East, of 

12 the Gila and Salt River Base and Merid13 ian, Yavapai County, Arizona, being a por14 tion of that parcel described in Book 4227, 

15 page 525 Record Source #1 (R1), records 

16 of the Yavapai County Recorder’s Office, 

17 as described in instrument number 2022- 

18 0059695 recorded on October 6, 2022 in 

19 the records of the Yavapai County Re20 corder. 

21 (G) GIANT’S GRAVE PROPERTY.— 

22 (i) PARCEL 1.—A tract of land located 

23 in the Northeast quarter of the Southwest 

24 quarter of Section 19, Township 16 North, 

25 Range 3 East of the Gila and Salt River 


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•S 4705 IS

1 Base and Meridian, Yavapai County, Ari2 zona, as described in Book 3319, Page 

3 620, instrument number 9667800 recorded 

4 on November 27, 1996 in the records of 

5 the Yavapai County Recorder. 

6 (ii) PARCEL 2.—A tract of land lo7 cated in the South half of the South half 

8 of Section 19 and in the Northeast quarter 

9 of the Northwest quarter of Section 30, 

10 Township 16 North, Range 3 East of the 

11 Gila and Salt River Base and Meridian, 

12 Yavapai County, Arizona, as described in 

13 Book 3319, Page 620, instrument number 

14 9667800 recorded on November 27, 1996 

15 in the records of the Yavapai County Re16 corder. 

17 (iii) PARCEL 3.—A tract of land 20 

18 feet in width and more or less 178 feet in 

length located in the South 1 19 ⁄2 of Section 

20 19, Township 16 North, Range 3 East of 

21 the Gila and Salt River Base and Merid22 ian, Yavapai County, Arizona, being a por23 tion of that certain parcel of land described 

24 in Book 3568, Page 18, Official Records 

25 recorded in the Yavapai County Recorder’s 


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•S 4705 IS

1 Office, Yavapai County, Arizona, as de2 scribed in instrument number 2022- 

3 0036985 recorded on June 15, 2022 in the 

4 records of the Yavapai County Recorder. 

5 (2) RESERVATION STATUS.—The land taken 

6 into trust under paragraph (1) shall be a part of the 

7 Yavapai-Apache Reservation and administered in ac8 cordance with the laws and regulations generally ap9 plicable to the land held in trust by the United 

10 States for an Indian Tribe. 

11 (3) VALID EXISTING RIGHTS.—The land taken 

12 into trust under paragraph (1) shall be subject to 

13 valid existing rights, including easements, rights-of14 way, contracts, and managements agreements. 

15 (4) LIMITATIONS.—Nothing in this subsection 

16 affects any right or claim of the Yavapai-Apache 

17 Nation to any land or interest in land in existence 

18 before the date of enactment of this Act. 

19 (5) LAND DESCRIPTIONS.—The Secretary may 

20 correct, by mutual agreement with the Yavapai21 Apache Nation, any errors in the land descriptions 

22 of the land conveyed to the Secretary pursuant to 

23 this subsection and section 201(b). 

24 (6) CONFLICT.—If there is a conflict between a 

25 map and a description of land in this Act, the map 


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1 shall control unless the Secretary and the Yavapai2 Apache Nation mutually agree otherwise. 

3 SEC. 111. YAVAPAI-APACHE NATION CAP WATER. 

4 (a) YAVAPAI-APACHE NATION AMENDED CAP

5 WATER DELIVERY CONTRACT.— 

6 (1) IN GENERAL.—In accordance with the 

7 Yavapai-Apache Nation Water Rights Settlement 

8 Agreement and the requirements described in para9 graph (2), the Secretary shall enter into the YAN 

10 Amended CAP Water Delivery Contract. 

11 (2) REQUIREMENTS.—The requirements re12 ferred to in paragraph (1) are the following: 

13 (A) IN GENERAL.—The YAN Amended 

14 CAP Water Delivery Contract shall— 

15 (i) be for permanent service (as that 

16 term is used in section 5 of the Boulder 

17 Canyon Project Act (43 U.S.C. 617d)); 

18 (ii) take effect on the Enforceability 

19 Date; and 

20 (iii) be without limit as to term. 

21 (B) YAN CAP WATER.— 

22 (i) IN GENERAL.—The YAN CAP 

23 water may be delivered for use in the State 

24 through— 


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1 (I) any project authorized under 

2 this Act; or 

3 (II) the CAP System. 

4 (C) CONTRACTUAL DELIVERY.—The Sec5 retary shall deliver the YAN CAP water to 

6 Yavapai-Apache Nation in accordance with the 

7 terms and conditions of the YAN Amended 

8 CAP Water Delivery Contract . 

9 (D) DELIVERY OF CAP INDIAN PRIORITY

10 WATER.— 

11 (i) IN GENERAL.—If a time of short12 age exists, as that term is described in the 

13 YAN Amended CAP Water Delivery Con14 tract, the amount of CAP Indian Priority 

15 Water available to the YAN in such Year 

16 shall be computed in accordance with sub17 section 5.8 of the YAN Amended CAP Re18 payment Contract. 

19 (E) LEASES AND EXCHANGES OF YAVAPAI20 APACHE NATION CAP WATER.—On or after the 

21 date on which the YAN Amended CAP Water 

22 Delivery Contract becomes effective, the 

23 Yavapai-Apache Nation may, with the approval 

24 of the Secretary, enter into contracts or options 

25 to lease or to exchange YAN CAP Water in 


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1 Coconino, Gila, Maricopa, Pinal, Pima, and 

2 Yavapai counties, Arizona, providing for the 

3 temporary delivery to any individual or entity of 

4 any portion of the YAN CAP Water. 

5 (F) TERMS OF LEASES AND EX6 CHANGES.— 

7 (i) LEASING.—Contracts or options to 

8 lease under subparagraph (E) shall be for 

9 a term of not more than 100 years. 

10 (ii) EXCHANGES.—Contracts or op11 tions to exchange under subparagraph (E) 

12 shall be for the term provided for in the 

13 contract or option, as applicable. 

14 (iii) RENEGOTIATION.—The YAN 

15 may, with the approval of the Secretary, 

16 renegotiate any lease described in subpara17 graph (E), at any time during the term of 

18 the lease, if the term of the renegotiated 

19 lease does not exceed 100 years. 

20 (G) PROHIBITION ON PERMANENT ALIEN21 ATION.—No YAN CAP Water may be perma22 nently alienated. 

23 (H) ENTITLEMENT TO LEASE AND EX24 CHANGE FUNDS; OBLIGATIONS OF THE UNITED

25 STATES.— 


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1 (i) ENTITLEMENT.— 

2 (I) IN GENERAL.—The Yavapai3 Apache Nation shall be entitled to all 

4 consideration due to the Yavapai5 Apache Nation under any contract to 

6 lease, option to lease, contract to ex7 change, or option to exchange the 

8 YAN CAP Water entered into by the 

9 Yavapai-Apache Nation. 

10 (II) EXCLUSION.—The United 

11 States shall not, in any capacity, be 

12 entitled to the consideration described 

13 in subclause (I). 

14 (ii) OBLIGATIONS OF THE UNITED

15 STATES.—The United States shall not, in 

16 any capacity, have any trust or other obli17 gation to monitor, administer, or account 

18 for, in any manner, any funds received by 

19 the Yavapai-Apache Nation as consider20 ation under any contract to lease, option to 

21 lease, contract to exchange, or option to 

22 exchange the YAN CAP Water entered 

23 into by Yavapai-Apache Nation, except in 

24 a case in which the Yavapai-Apache Nation 

25 deposits the proceeds of any lease, option 


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1 to lease, contract to exchange, or option to 

2 exchange into an account held in trust for 

3 the Yavapai-Apache Nation by the United 

4 States. 

5 (I) WATER USE AND STORAGE.— 

6 (i) IN GENERAL.—The Yavapai7 Apache Nation may use YAN CAP Water 

8 on or off the YAN Reservation. 

9 (ii) STORAGE.—The Yavapai-Apache 

10 Nation, in accordance with State law, may 

11 store YAN CAP Water at 1 or more un12 derground storage facilities or groundwater 

13 savings facilities. 

14 (iii) ASSIGNMENT.—The Yavapai15 Apache Nation may, without the approval 

16 of the Secretary, sell, transfer, or assign 

17 any long-term storage credits accrued as a 

18 result of storage described in clause (ii). 

19 (J) USE OUTSIDE STATE.—The Yavapai20 Apache Nation may not use, lease, exchange, 

21 forbear, or otherwise transfer any YAN CAP 

22 Water for use directly or indirectly outside the 

23 State. 

24 (K) CAP FIXED OM&R CHARGES.— 


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1 (i) IN GENERAL.—The CAP Oper2 ating Agency shall be paid the CAP Fixed 

3 OM&R charges associated with the delivery 

4 of all YAN CAP Water. 

5 (ii) PAYMENT OF CHARGES.—Except 

6 as provided in subparagraph (N), all CAP 

7 Fixed OM&R charges associated with the 

8 delivery of YAN CAP Water to the 

9 Yavapai-Apache Nation shall be paid by— 

10 (I) the Secretary, pursuant to 

11 section 403(f)(2)(A) of the Colorado 

12 River Basin Project Act (43 U.S.C. 

13 1543(f)(2)(A)), subject to the condi14 tion that funds for that payment are 

15 available in the Lower Colorado River 

16 Basin Development Fund; and 

17 (II) if the funds described in sub18 clause (I) become unavailable, the 

19 Yavapai-Apache Nation. 

20 (L) CAP PUMPING ENERGY CHARGES.— 

21 (i) IN GENERAL.—The CAP Oper22 ating Agency shall be paid the CAP Pump23 ing Energy Charge associated with the de24 livery of YAN CAP Water only in cases in 


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1 which the CAP System is used for the de2 livery of that water. 

3 (ii) PAYMENT OF CHARGES.—Except 

4 for CAP Water not delivered through the 

5 CAP System, which does not incur a CAP 

6 Pumping Energy Charge, or water deliv7 ered to other persons as described in sub8 paragraph (N), any applicable CAP Pump9 ing Energy Charge associated with the de10 livery of the YAN CAP Water shall be paid 

11 by the Yavapai-Apache Nation. 

12 (M) WAIVER OF PROPERTY TAX EQUIVA13 LENCY PAYMENTS.—No property tax or in-lieu 

14 property tax equivalency shall be due or payable 

15 by the Yavapai-Apache Nation for the delivery 

16 of CAP Water or for the storage of CAP Water 

17 in an underground storage facility or ground18 water savings facility. 

19 (N) LESSEE RESPONSIBILITY FOR

20 CHARGES.— 

21 (i) IN GENERAL.—Any lease or option 

22 to lease providing for the temporary deliv23 ery to other persons of any YAN CAP 

24 Water shall require the lessee to pay to the 

25 CAP Operating Agency the CAP Fixed 


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1 OM&R Charge and the CAP Pumping En2 ergy Charge associated with the delivery of 

3 the leased water. 

4 (ii) NO RESPONSIBILITY FOR PAY5 MENT.—Neither the Yavapai-Apache Na6 tion nor the United States in any capacity 

7 shall be responsible for the payment of any 

8 charges associated with the delivery of the 

9 YAN CAP Water leased to other persons. 

10 (O) ADVANCE PAYMENT.—No YAN CAP 

11 Water shall be delivered unless the CAP Fixed 

12 OM&R Charge and any applicable CAP Pump13 ing Energy Charge associated with the delivery 

14 of that water have been paid in advance. 

15 (P) CALCULATION.—The charges for deliv16 ery of YAN CAP Water pursuant to the 

17 Yavapai-Apache Nation Amended CAP Water 

18 Delivery Contract shall be calculated in accord19 ance with the CAP Repayment Stipulation. 

20 (Q) CAP REPAYMENT.—For purposes of 

21 determining the allocation and repayment of 

22 costs of any stages of the CAP System con23 structed after November 21, 2007, the costs as24 sociated with the delivery of YAN CAP Water, 

25 whether such water is delivered for use by the 


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1 Yavapai-Apache Nation, or in accordance with 

2 any assignment, exchange, lease, option to 

3 lease, or other agreement for the temporary dis4 position of YAN CAP Water entered into by the 

5 YAN, shall be— 

6 (i) nonreimbursable; and 

7 (ii) excluded from the repayment obli8 gation of the Central Arizona Water Con9 servation District. 

10 (R) NONREIMBURSABLE CAP CONSTRUC11 TION COSTS.— 

12 (i) IN GENERAL.—With respect to the 

13 costs associated with the construction of 

14 the CAP System allocable to the Yavapai15 Apache Nation— 

16 (I) the costs shall be nonreim17 bursable; and 

18 (II) the Yavapai-Apache Nation 

19 shall have no repayment obligation for 

20 the costs. 

21 (ii) CAPITAL CHARGES.—No CAP 

22 water service capital charges shall be due 

23 or payable for the YAN CAP Water, re24 gardless of whether the YAN CAP Water 

25 is delivered— 


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1 (I) for use by the Yavapai2 Apache Nation; or 

3 (II) under any lease, option to 

4 lease, exchange, or option to exchange 

5 entered into by the Yavapai-Apache 

6 Nation. 

7 SEC. 112. ENFORCEABILITY DATE. 

8 (a) IN GENERAL.—The Agreement, including the 

9 waivers and releases of claims described in section 108, 

10 shall take effect and be fully enforceable on the date on 

11 which the Secretary publishes in the Federal Register a 

12 statement of findings that— 

13 (1) to the extent the Agreement conflicts with 

14 this Act— 

15 (A) the Agreement has been revised 

16 through an amendment to eliminate the con17 flict; and 

18 (B) the revised Agreement, including any 

19 exhibit requiring amendment or execution by 

20 any party to the Agreement, has been executed 

21 by all required parties; 

22 (2) the waivers, releases and retentions of 

23 claims described in paragraph 13.0 of the Agree24 ment and in section 108 of this Act have been exeVerDate Sep 11 2014 21:59 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705

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1 cuted by the Yavapai-Apache Nation, the United 

2 States, and the other parties to the Agreement; 

3 (3) the full amount described in section 

4 107(a)(1)(A), as adjusted by section 107(d)(1), has 

5 been deposited into the Cragin-Verde Pipeline Ac6 count of the Tu ́ n ́lnı ́choh Water Infrastructure 

7 Project Fund; 

8 (4) the full amount described in section 

9 107(a)(1)(B), as adjusted by section 107(d)(1), has 

10 been deposited into the YAN Drinking Water Sys11 tem Account of the Tu ́ n ́lnı ́choh Water Infrastruc12 ture Project Fund; 

13 (5) the full amounts described in sections 

14 107(a)(2)(A), (B), (C), (D) and (E), as adjusted by 

15 section 107(d)(2), have been deposited into the 

16 Trust Fund; 

17 (6) the Arizona Department of Water Re18 sources has conditionally approved the severance and 

19 transfer of the right of SRP to the diversion and 

20 beneficial use of water under Arizona Department of 

21 Water Rights Certificate of Water Right No. 

22 3696.0002 as described in Paragraph 8.0 of the 

23 Agreement, in an amount not to exceed an average 

24 of 3,410.26 AFY, up to a maximum of 3,977.92 

25 acre-feet in any given Year, to the Nation and the 


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1 United States in its capacity as trustee for the Na2 tion, and has issued a conditional certificate of water 

3 right to the Nation and the United States in its ca4 pacity as trustee for the Nation, to become effective 

5 on the Enforceability Date; 

6 (7) the changes in places of use and points of 

7 diversion for the surface water rights to the Verde 

8 River as described in Subparagraph 5.4 of the 

9 Agreement have been conditionally approved, to be10 come effective on the Enforceability Date, provided 

11 that the YAN, in its sole discretion, may waive this 

12 condition; 

13 (8) the Gila River Adjudication Court has in14 cluded the water right for instream flow for the Na15 tion and the United States as trustee for the Nation, 

16 as described in Subparagraphs 11.2 and 11.3 of the 

17 YAN Judgment, which substantially conforms to the 

18 attributes described in Exhibit 11.1B to the Agree19 ment, provided that the Nation, in its sole discre20 tion, may waive this condition; 

21 (9) except as otherwise provided in paragraph 

22 (7) and (8), the Gila River Adjudication Court has 

23 approved the YAN Judgment in substantially the 

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1 ment, as amended to ensure consistency with this 

2 Act; 

3 (10) the Secretary has issued a final record of 

4 decision approving the construction of the Tu ́

5 n ́lnı ́choh Water Infrastructure Project as described 

6 section 103 of this Act; 

7 (11) the Nation and the Town of Clarkdale 

8 have executed the Water and Sewer Service Agree9 ment described in Exhibit 16.1.2.3 to the Agree10 ment, provided that, the Nation, in its sole discre11 tion, may waive this condition; 

12 (12) the Nation and the Town of Camp Verde 

13 have executed the Interconnection and Exchange 

14 Agreement described in Exhibit 16.1.2.2 to the 

15 Agreement provided that, the Nation, in its sole dis16 cretion, may waive this condition; and 

17 (13) The tribal council of the Yavapai-Apache 

18 Nation has adopted a resolution, as described in sec19 tion 113(a) of this Act, consenting to the limited 

20 waiver of sovereign immunity from suit in the cir21 cumstances described in section 113(a)(3). 

22 (b) FAILURE TO SATISFY CONDITIONS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), if the Secretary fails to publish in the 

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1 section (a) by June 30, 2035, or such alternative 

2 later date as may be agreed to by the Yavapai3 Apache Nation, the Secretary, and the State: 

4 (A) this Act is repealed with the exception 

5 described in paragraph (2) below; 

6 (B) any action taken by the Secretary and 

7 any contract or agreement entered into pursu8 ant to this Act shall be void; 

9 (C) The United States shall be entitled to 

10 Offset any Federal amounts made available 

11 under section 107(e)(2) that were used under 

12 that section against any claims asserted by the 

13 Yavapai-Apache Nation against the United 

14 States; and 

15 (D) Any amounts appropriated under sec16 tion 107, together with any investment earnings 

17 on those amounts, less any amounts expended 

18 under section 104(e)(2), shall revert imme19 diately to the general fund of the Treasury. 

20 (2) EXCEPTION.—Notwithstanding subsection 

21 (b)(1), if the Secretary fails to publish in the Fed22 eral Register a statement of findings under sub23 section (a) by June 30, 2035, or such alternative 

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1 Apache Nation, the Secretary, and the State, sec2 tions 110 and 201 shall remain in effect. 

3 SEC. 113. ADMINISTRATION. 

4 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY BY

5 THE YAVAPAI-APACHE NATION AND THE UNITED STATES

6 ACTING AS TRUSTEE FOR THE YAVAPAI-APACHE NA7 TION.— 

8 (1) IN GENERAL.—The Yavapai-Apache Nation, 

9 and the United States acting as trustee for the 

10 Yavapai-Apache Nation, may be joined in any action 

11 brought in any circumstance described in paragraph 

12 (3), and any claim by the Yavapai-Apache Nation 

13 and the United States to sovereign immunity from 

14 any such action is waived. 

15 (2) CONSENT OF YAVAPAI-APACHE NATION.— 

16 By resolution dated June 26, 2024, the Yavapai17 Apache Nation Council has affirmatively consented 

18 to the limited waiver of sovereign immunity from 

19 suit in any circumstance described in paragraph (3) 

20 notwithstanding any provision of the Yavapai21 Apache Nation Code or any other Yavapai-Apache 

22 Nation law. 

23 (3) CIRCUMSTANCES DESCRIBED.—A cir24 cumstance referred to in paragraphs (1) and (2) is 

25 described as any of the following: 


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1 (A) Any party to the Agreement: 

2 (i) brings an action in any court of 

3 competent jurisdiction relating only and di4 rectly to the interpretation or enforcement 

5 of: 

6 (I) this Act; or 

7 (II) the Agreement and exhibits 

8 to the Agreement; 

9 (ii) names the Yavapai-Apache Na10 tion, or the United States acting as trustee 

11 for the Yavapai-Apache Nation, as a party 

12 in that action; and 

13 (iii) doesnot include any request for 

14 award against the Yavapai-Apache Nation, 

15 or the United States acting as trustee for 

16 the Yavapai-Apache Nation, for money 

17 damages, court costs, or attorney fees, ex18 cept for claims brought by a party pursu19 ant to the YAN-SRP Water Delivery and 

20 Use Agreement and YAN-SRP Exchange 

21 Agreement. 

22 (B) Any landowner or water user in the 

23 Gila River Watershed: 

24 (i) brings an action in any court of 

25 competent jurisdiction relating only and diVerDate Sep 11 2014 21:59 Aug 08, 2024 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705

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1 rectly to the interpretation or enforcement 

2 of: 

3 (I) paragraph 13.0 of the Agree4 ment; 

5 (II) the Gila River Adjudication 

6 Decree; 

7 (III) section 108 of this Act; or 

8 (ii) names the Yavapai-Apache Na9 tion, or the United States acting as trustee 

10 for the Yavapai-Apache Nation, as a party 

11 in that action; and 

12 (iii) shall not include any request for 

13 award against the Yavapai-Apache Nation, 

14 or the United States acting as trustee for 

15 the Yavapai-Apache Nation, for money 

16 damages, court costs or attorney fees. 

17 (b) ANTIDEFICIENCY.—Notwithstanding any author18 ization of appropriations to carry out this Act, the United 

19 States shall not be liable for any failure of the United 

20 States to carry out any obligation or activity authorized 

21 by this Act (including all agreements or exhibits ratified 

22 or confirmed by this Act) if adequate appropriations are 

23 not provided expressly by Congress to carry out the pur24 poses of this Act. 


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1 (c) APPLICABILITY OF RECLAMATION REFORM

2 ACT.—The Reclamation Reform Act of 1982 (43 U.S.C. 

3 390aa et seq.) and any other acreage limitation or full4 cost pricing provision under Federal law shall not apply 

5 to any individual, entity, or land solely on the basis of— 

6 (1) receipt of any benefit under this title; 

7 (2) the execution or performance of the Agree8 ment; or 

9 (3) the use, storage, delivery, lease, or exchange 

10 of CAP water. 

11 SEC. 114. MISCELLANEOUS. 

12 (a) C.C. CRAGIN DAM AND RESERVOIR.—Section 

13 213(i)(3)(B) of the Gila River Indian Community Water 

14 Rights Settlement Act of 2004 (Public Law 108–451; 118 

15 Stat. 3533) is amended— 

16 (1) by striking ‘‘Blue Ridge Reservoir’’ and in17 serting ‘‘C.C. Cragin Dam and Reservoir’’; and 

18 (2) by adding at the end the following: ‘‘Up to 

19 1,639.74 acre-feet of water per year may be made 

20 available from the C.C. Cragin Reservoir for munic21 ipal and domestic uses in Yavapai County, Arizona, 

22 without cost to the Salt River Federal Reclamation 

23 Project, provided that, on or before December 31, 

24 2029, water users in Yavapai County have con25 tracted with the Salt River Federal Reclamation 


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1 Project for the use of the water described in this 

2 subparagraph.’’. 

3 (b) EFFECT OF TITLE.—Nothing in this title quan4 tifies or otherwise affects any water right or claim or enti5 tlement to water of any Indian tribe, band, or community 

6 other than the Yavapai-Apache Nation. 

7 TITLE II—YAVAPAI-APACHE 

8 LAND EXCHANGE 

9 SEC. 201. YAVAPAI-APACHE LAND EXCHANGE. 

10 (a) YAVAPAI-APACHE LAND EXCHANGE.—Notwith11 standing any other provision of law, the Secretary of the 

12 Department of Agriculture is directed to— 

13 (1) within thirty (30) days of enactment of this 

14 Act, unless the Secretary of the Department of Agri15 culture has already accepted title to such land, ac16 cept title to the Non-Federal Land consisting of ap17 proximately 4,781.96 acres owned by the Yavapai18 Apache Nation in the State, as described in subpara19 graphs (4)(A), (B), (C), (D), (E) and (F) and Ex20 hibits 2.98G-1, 2.98G-2, 2.98G-3, 2.98G-4, 2.98G-5 

21 and 2.98G-6 to the Agreement, and such lands are 

22 deemed added to each National Forest listed in the 

23 description in subparagraphs (a)(4)(A)–(F) upon the 

24 date of acceptance of title by the Secretary of the 

25 Department of Agriculture; 


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1 (2) within thirty (30) days of enactment of this 

2 Act, unless such lands have already been transferred 

3 by the Forest Service to the Yavapai-Apache Nation, 

4 transfer the Federal Land consisting of approxi5 mately 3,087.90 acres held by the Forest Service, as 

6 described in subparagraphs (5)(A), (B), (C), (D), 

7 (E), (F), (G), (H) and (I) and shown in Exhibit 

8 2.98A to the Agreement, to the Secretary of the In9 terior to be held in trust by the United States for 

10 the benefit of the Yavapai-Apache Nation; and 

11 (3) within thirty (30) days of enactment of this 

12 Act, unless such lands have already been transferred 

13 by the Forest Service to the Yavapai-Apache Nation 

14 as of the date of enactment of this Act, convey the 

15 Federal Land consisting of approximately 118.92 

16 acres held by the Forest Service as described in sub17 paragraph (5)(J), to the Yavapai-Apache Nation in 

18 fee. 

19 (4) NON-FEDERAL LAND.—For purposes of this 

20 subsection (b), Non-Federal Land shall include the 

21 following as depicted in Exhibit 2.98 of the Agree22 ment: 

23 (A) Red Mountain at Yavapai Ranch Six 

24 Sections Parcel (YAN1) – Prescott National 

25 Forest 


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1 (B) Johnston Ranch Parcel (YAN2) – 

2 Coconino National Forest 

3 (C) Pinedale Parcel (YAN3) – Apache4 Sitgreaves National Forest 

5 (D) Laurel Leaf Parcel (YAN4) - Prescott 

6 National Forest 

7 (E) Heber Parcel (YAN5) - Apache8 Sitgreaves National Forest 

9 (F) Williams Parcel (YAN6) – Kaibab Na10 tional Forest 

11 (5) FEDERAL LAND.—For purposes of this sub12 section (b), Federal Land shall include the following 

13 as depicted in Exhibit 2.98 of the Agreement: 

14 (A) Montezuma A Parcel (NF1) 

15 (B) Montezuma B Parcel (NF2) 

16 (C) Montezuma C Parcel (NF3) 

17 (D) Montezuma D Parcel (NF4) 

18 (E) Lower 260 Parcel (NF5) 

19 (F) Upper 260 Parcel (NF6) 

20 (G) Middle Verde A Parcel (NF7) 

21 (H) Middle Verde B Parcel (NF8) 

22 (I) Middle Verde C Parcel (NF9) 

23 (J) Cedar Ridge Parcel (NF10) 

24 (b) LAND TO BE TAKEN INTO TRUST.—If the lands 

25 described in subparagraphs (5)(A), (B), (C), (D), (E), 


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1 (F), (G), (H) and (I) are held by the Yavapai-Apache Na2 tion in fee as of the date of enactment of this Act, within 

3 thirty (30) days of enactment of this Act, the Secretary 

4 is authorized and directed to take legal title to the land 

5 and hold such land in trust for the benefit of the Yavapai6 Apache Nation. 

7 (c) RESERVATION STATUS.—The land taken into 

8 trust under subsection (b) shall be a part of the Yavapai9 Apache Reservation and administered in accordance with 

10 the laws and regulations generally applicable to the land 

11 held in trust by the United States for an Indian Tribe. 

12 (d) VALID EXISTING RIGHTS.—The land taken into 

13 trust under subsection (b) shall be subject to valid existing 

14 rights, including easements, rights-of-way, contracts, and 

15 managements agreements. 

16 (e) LIMITATIONS.—Nothing in this section 201 af17 fects any right or claim of the Yavapai-Apache Nation to 

18 any land or interest in land in existence before the date 

19 of enactment of this Act. 

20 SEC. 202. TOWN OF CAMP VERDE AND FOREST SERVICE. 

21 Pursuant to existing authorities, the Forest Service 

22 shall work expeditiously with the Town of Camp Verde to 

23 transfer title to the Town of Camp Verde of up to 40 acres 

24 of Forest Service land located at the intersection of Inter25 state 17 and General Crook Trail within the municipal 


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•S 4705 IS

1 boundaries of the Town of Camp Verde for public safety 

2 and other municipal purposes. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB