II 

112TH CONGRESS 

2D SESSION S. 2109 

To approve the settlement of water rights claims of the Navajo Nation, 

the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe 

in the State of Arizona, to authorize construction of municipal water 

projects relating to the water rights claims, to resolve litigation against 

the United States concerning Colorado River operations affecting the 

States of California, Arizona, and Nevada, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2012 

Mr. KYL (for himself and Mr. MCCAIN) 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 

Navajo Nation, the Hopi Tribe, and the allottees of 

the Navajo Nation and Hopi Tribe in the State of Arizona, to authorize construction of municipal water 

projects relating to the water rights claims, to resolve 

litigation against the United States concerning Colorado 

River operations affecting the States of California, Arizona, and Nevada, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Navajo-Hopi Little Colorado River Water Rights Settle4 ment Act of 2012’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purposes. 

Sec. 4. Definitions. 

TITLE I—NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS 

SETTLEMENT AGREEMENT 

Sec. 101. Ratification and execution of the Navajo-Hopi Little Colorado River 

water rights settlement agreement. 

Sec. 102. Water rights. 

Sec. 103. Authorization for construction of municipal, domestic, commercial, 

and industrial water projects. 

Sec. 104. Funding. 

Sec. 105. Waivers, releases, and retentions of claims. 

Sec. 106. Satisfaction of water rights and other benefits. 

Sec. 107. After-acquired trust land. 

Sec. 108. Enforceability date. 

Sec. 109. Administration. 

Sec. 110. Environmental compliance. 

TITLE II—CENTRAL ARIZONA PROJECT WATER 

Sec. 201. Conditions for reallocation of CAP NIA priority water. 

Sec. 202. Reallocation of CAP NIA priority water, firming, water delivery contract. 

Sec. 203. Colorado River accounting. 

Sec. 204. No modification of existing laws. 

Sec. 205. Amendments. 

Sec. 206. Retention of Lower Colorado River water for future Lower Colorado 

River settlement. 

Sec. 207. Authorization of appropriations for feasibility study. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

9 (1) it is the policy of the United States, in 

10 keeping with the trust responsibility of the United 

11 States to Indian tribes, to settle Indian water rights 


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1 claims whenever possible without lengthy and costly 

2 litigation; 

3 (2) the water rights settlements described in 

4 paragraph (1) typically require congressional review 

5 and approval; 

6 (3) the Navajo Nation and the United States, 

7 acting as trustee for the Navajo Nation and allottees 

8 of the Navajo Nation, claim the right to an 

9 unquantified amount of water from the Little Colo10 rado River system and source; 

11 (4) the Navajo Nation claims the right to an 

12 unquantified amount of water from the lower basin 

13 of the Colorado River and has challenged the legality 

14 of the Colorado River Interim Surplus Guidelines, 

15 the Colorado River Quantification Settlement Agree16 ment of the State of California, interstate water 

17 banking regulations, and Central Arizona Project 

18 water deliveries; 

19 (5) the defendants in the action described in 

20 paragraph (4) include— 

21 (A) the Department of the Interior, includ22 ing the Bureau of Reclamation and the Bureau 

23 of Indian Affairs, and 

24 (B) intervenor-defendants, including— 


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1 (i) the Southern Nevada Water Au2 thority; 

3 (ii) the Colorado River Commission of 

4 Nevada; 

5 (iii) the State of Arizona; 

6 (iv) the State of Nevada; 

7 (v) the Central Arizona Water Con8 servation District; 

9 (vi) the Southern California Metro10 politan Water District; 

11 (vii) the Imperial Irrigation District; 

12 (viii) the Coachella Valley Water Dis13 trict; 

14 (ix) the Arizona Power Authority; 

15 (x) the Salt River Project Agricultural 

16 Improvement and Power District; and 

17 (xi) the Salt River Valley Water Users 

18 Association; 

19 (6) the Hopi Tribe and the United States, act20 ing as trustee for the Hopi Tribe and allottees of the 

21 Hopi Tribe, claim the right to an unquantified 

22 amount of water from the Little Colorado River sys23 tem and source; and 

24 (7) consistent with the policy of the United 

25 States, this Act settles the water rights claims of the 


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1 Navajo Nation, allottees of the Navajo Nation, the 

2 Hopi Tribe, and allottees of the Hopi Tribe by pro3 viding drinking water infrastructure to the Navajo 

4 Nation and the Hopi Tribe in exchange for limiting 

5 the legal exposure and litigation expenses of the 

6 United States, the States of Arizona and Nevada, 

7 and agricultural, municipal, and industrial water 

8 users in the States of Arizona, Nevada, and Cali9 fornia. 

10 SEC. 3. PURPOSES. 

11 The purposes of this Act are— 

12 (1) to resolve, fully and finally— 

13 (A) any and all claims to the Little Colo14 rado River system and source in the State of 

15 Arizona of— 

16 (i) the Navajo Nation, on behalf of 

17 itself and the members of the Navajo Na18 tion; 

19 (ii) the United States, acting as trust20 ee for the Navajo Nation, the members of 

21 the Navajo Nation, and allottees of the 

22 Navajo Nation; 

23 (iii) the Hopi Tribe, on behalf of itself 

24 and the members of the Hopi Tribe; and 


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1 (iv) the United States, acting as 

2 trustee for the Hopi Tribe, the members of 

3 the Hopi Tribe, and allottees of the Hopi 

4 Tribe; and 

5 (B) any and all claims to the Gila River 

6 system and source in the State of Arizona of 

7 the Navajo Nation, on behalf of itself and the 

8 members of the Navajo Nation; 

9 (2) to approve, ratify, and confirm the settle10 ment agreement entered into among the Navajo Na11 tion, the Hopi Tribe, the United States, the State of 

12 Arizona, and any other party; 

13 (3) to authorize and direct the Secretary to exe14 cute and perform the duties and obligations of the 

15 Secretary under the settlement agreement and this 

16 Act; and 

17 (4) to authorize any actions and appropriations 

18 necessary for the United States to fulfill the duties 

19 and obligations of the United States to the Navajo 

20 Nation, allottees of the Navajo Nation, the Hopi 

21 Tribe, and allottees of the Hopi Tribe, as provided 

22 in the settlement agreement and this Act. 

23 SEC. 4. DEFINITIONS. 

24 In this Act: 


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1 (1) 1934 ACT CASE.—The term ‘‘1934 Act 

2 case’’ means the litigation styled Honyoama v. Shir3 ley, Case No. CIV 74–842–PHX–EHC (D. Ariz. 

4 2006). 

5 (2) ABSTRACT.—The term ‘‘abstract’’ means a 

6 summary of water rights or uses held or owned by 

7 any person, as represented in a form substantially 

8 similar to the form attached as exhibit 3.1.4 to the 

9 settlement agreement. 

10 (3) AFY.—The term ‘‘afy’’ means acre-feet per 

11 year. 

12 (4) ALLOTMENT.—The term ‘‘allotment’’ means 

13 an allotment that— 

14 (A) was originally allotted to an individual 

15 identified as a Navajo or Hopi Indian in the al16 lotting document; 

17 (B) is located— 

18 (i) within the exterior boundaries of 

19 the Navajo Reservation; 

20 (ii) within the exterior boundaries of 

21 the Hopi Reservation; or 

22 (iii) on land that is— 

23 (I) off-reservation land; and 

24 (II) within Apache, Coconino, or 

25 Navajo County, in the State; and 


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1 (C) is held in trust by the United States 

2 for the benefit of an allottee. 

3 (5) ALLOTTEE.—The term ‘‘allottee’’ means a 

4 person who holds a beneficial real property interest 

5 in an allotment. 

6 (6) AVAILABLE CAP SUPPLY.—The term ‘‘avail7 able CAP supply’’ means, for any given year— 

8 (A) all fourth priority Colorado River 

9 water available for delivery through the CAP 

10 system; 

11 (B) water available from CAP dams and 

12 reservoirs other than Modified Roosevelt Dam; 

13 and 

14 (C) return flows captured by the Secretary 

15 for CAP use. 

16 (7) CAP CONTRACT.—The term ‘‘CAP con17 tract’’ means a long-term contract or subcontract, as 

18 those terms are used in the CAP repayment stipula19 tion, for delivery of CAP water. 

20 (8) CAP CONTRACTOR.—The term ‘‘CAP con21 tractor’’ means a person or entity that has entered 

22 into a long-term contract or subcontract (as those 

23 terms are used in the CAP repayment stipulation) 

24 with the United States or the United States and the 


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1 Central Arizona Water Conservation District for de2 livery of water through the CAP system. 

3 (9) CAP FIXED OM&R CHARGE.—The term 

4 ‘‘CAP fixed OM&R charge’’ means ‘‘Fixed OM&R 

5 Charge’’, as that term is defined in the CAP repay6 ment stipulation. 

7 (10) CAP M&I PRIORITY WATER.—The term 

8 ‘‘CAP M&I priority water’’ means the CAP water 

9 that has a municipal and industrial delivery priority 

10 under the CAP repayment contract. 

11 (11) CAP NIA PRIORITY WATER.—The term 

12 ‘‘CAP NIA priority water’’ means the CAP water 

13 deliverable under a CAP contract providing for the 

14 delivery of non-Indian agricultural priority water. 

15 (12) CAP OPERATING AGENCY.— 

16 (A) IN GENERAL.—The term ‘‘CAP oper17 ating agency’’ has the meaning given the term 

18 in section 2 of the Arizona Water Settlements 

19 Act (Public Law 108–451; 118 Stat. 3478). 

20 (B) ADMINISTRATION.—As of the date of 

21 enactment of this Act, the ‘‘CAP operating 

22 agency’’ is the Central Arizona Water Con23 servation District. 

24 (13) CAP PUMPING ENERGY CHARGE.—The 

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1 ing Energy Charge’’, as that term is defined in the 

2 CAP repayment stipulation. 

3 (14) CAP REPAYMENT CONTRACT.—The term 

4 ‘‘CAP repayment contract’’ has the meaning given 

5 the term in section 2 of the Arizona Water Settle6 ments Act (Public Law 108–451; 118 Stat. 3478). 

7 (15) CAP REPAYMENT STIPULATION.—The 

8 term ‘‘CAP repayment stipulation’’ means the Stipu9 lated Judgment and the Stipulation for Judgment 

10 (including exhibits), entered on November 21, 2007, 

11 in the case styled Central Arizona Water Conserva12 tion District v. United States, et al., No. CIV 95– 

13 625–TUC–WDB (EHC), No. CIV 95–1720–PHX– 

14 EHC (Consolidated Action), United States District 

15 Court for the District of Arizona (including any 

16 amendments or revisions). 

17 (16) CAP SYSTEM.—The term ‘‘CAP system’’ 

18 has the meaning given the term in section 2 of the 

19 Arizona Water Settlements Act (Public Law 108– 

20 451; 118 Stat. 3478). 

21 (17) CAP WATER.—The term ‘‘CAP water’’ 

22 means ‘‘Project Water’’, as that term is defined in 

23 the CAP repayment stipulation. 

24 (18) CENTRAL ARIZONA PROJECT OR CAP.— 

25 The term ‘‘Central Arizona Project’’ or ‘‘CAP’’ 


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1 means the Federal reclamation project authorized 

2 and constructed by the United States in accordance 

3 with title III of the Colorado River Basin Project 

4 Act (43 U.S.C. 1521 et seq.). 

5 (19) CENTRAL ARIZONA WATER CONSERVATION

6 DISTRICT.—The term ‘‘Central Arizona Water Con7 servation District’’ means the political subdivision of 

8 the State that is the contractor under the CAP re9 payment contract. 

10 (20) COLORADO RIVER COMPACT.—The term 

11 ‘‘Colorado River Compact’’ means the Colorado 

12 River Compact of 1922, as ratified and reprinted in 

13 article 2 of chapter 7 of title 45, Arizona Revised 

14 Statutes. 

15 (21) COLORADO RIVER SYSTEM.—The term 

16 ‘‘Colorado River system’’ has the meaning given the 

17 term in article II(a) of the Colorado River Compact. 

18 (22) COMMISSIONER.—The term ‘‘Commis19 sioner’’ means the Commissioner of Reclamation. 

20 (23) DECREE.—The term ‘‘decree’’, when used 

21 without a modifying adjective, means— 

22 (A) the decree of the Supreme Court in the 

23 case styled Arizona v. California (376 U.S. 340 

24 (1964)); 


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1 (B) the Consolidated Decree entered on 

2 March 27, 2006 (547 U.S. 150), in the case de3 scribed in subparagraph (A); and 

4 (C) any modifications to the decrees de5 scribed in subparagraphs (A) and (B). 

6 (24) DIVERT.—The term ‘‘divert’’ means to re7 ceive, withdraw, develop, produce, or capture 

8 groundwater, surface water, Navajo Nation CAP 

9 water, or effluent by means of a ditch, canal, flume, 

10 bypass, pipeline, pit, collection or infiltration gallery, 

11 conduit, well, pump, turnout, other mechanical de12 vice, or any other human act, including the initial 

13 impoundment of that water. 

14 (25) EFFLUENT.— 

15 (A) IN GENERAL.—The term ‘‘effluent’’ 

16 means water that— 

17 (i) has been used in the State for do18 mestic, municipal, or industrial purposes; 

19 and 

20 (ii) is available for use for any pur21 pose. 

22 (B) EXCLUSION.—The term ‘‘effluent’’ 

23 does not include water that has been used solely 

24 for hydropower generation. 


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1 (26) FOURTH PRIORITY COLORADO RIVER

2 WATER.—The term ‘‘fourth priority Colorado River 

3 water’’ means Colorado River water that is available 

4 for delivery in the State for satisfaction of entitle5 ments— 

6 (A) pursuant to contracts, Secretarial res7 ervations, perfected rights, and other arrange8 ments between the United States and water 

9 users in the State entered into or established 

10 subsequent to September 30, 1968, for use on 

11 Federal, State, or privately owned land in the 

12 State, in a total quantity that does not exceed 

13 164,652 afy of diversions; and 

14 (B) after first providing for the delivery of 

15 water under section 304(e) of the Colorado 

16 River Basin Project Act (43 U.S.C. 1524(e)), 

17 pursuant to the CAP repayment contract for 

18 the delivery of Colorado River water for the 

19 CAP, including use of Colorado River water on 

20 Indian land. 

21 (27) GILA RIVER ADJUDICATION.—The term 

22 ‘‘Gila River adjudication’’ means the action pending 

23 in the Superior Court of the State of Arizona in and 

24 for the County of Maricopa styled In Re the General 

25 Adjudication of All Rights To Use Water In The 


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1 Gila River System and Source, W–1 (Salt), W–2 

2 (Verde), W–3 (Upper Gila), W–4 (San Pedro) (Con3 solidated). 

4 (28) GILA RIVER ADJUDICATION COURT.—The 

5 term ‘‘Gila River adjudication court’’ means the Su6 perior Court of the State of Arizona in and for the 

7 County of Maricopa, exercising jurisdiction over the 

8 Gila River adjudication. 

9 (29) GILA RIVER ADJUDICATION DECREE.—The 

10 term ‘‘Gila River adjudication decree’’ means the 

11 judgment or decree entered by the Gila River adju12 dication court, which shall be in substantially the 

13 same form as the form of judgment attached to the 

14 settlement agreement as exhibit 3.1.49. 

15 (30) GROUNDWATER.—The term ‘‘ground16 water’’ means all water beneath the surface of the 

17 earth within the State that is not— 

18 (A) surface water; 

19 (B) underground water within the Upper 

20 Basin; 

21 (C) Lower Colorado River water; or 

22 (D) effluent. 

23 (31) HOPI FEE LAND.—The term ‘‘Hopi fee 

24 land’’ means land, other than Hopi trust land, 

25 that— 


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1 (A) is located in the State; 

2 (B) is located outside the exterior bound3 aries of the Hopi Reservation; and 

4 (C) as of the LCR enforceability date, is 

5 owned by the Hopi Tribe, including ownership 

6 through a related entity. 

7 (32) HOPI GROUNDWATER PROJECT.—The 

8 term ‘‘Hopi Groundwater Project’’ means the project 

9 carried out in accordance with section 103(b). 

10 (33) HOPI GROUNDWATER PROJECT AC11 COUNT.—The term ‘‘Hopi Groundwater Project Ac12 count’’ means the account created in the Treasury 

13 of the United States pursuant to section 104(c). 

14 (34) HOPI LAND.—The term ‘‘Hopi land’’ 

15 means— 

16 (A) the Hopi Reservation; 

17 (B) Hopi trust land; and 

18 (C) Hopi fee land. 

19 (35) HOPI OM&R TRUST ACCOUNT.—The term 

20 ‘‘Hopi OM&R Trust Account’’ means the account 

21 created in the Treasury of the United States pursu22 ant to section 104(d). 

23 (36) HOPI RESERVATION.— 

24 (A) IN GENERAL.—The term ‘‘Hopi Res25 ervation’’ means the land within the exterior 


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1 boundaries of the Hopi Reservation, includ2 ing— 

3 (i) all land withdrawn by the Execu4 tive Order dated December 16, 1882, and 

5 in which the Hopi Tribe is recognized as 

6 having an exclusive interest in the case 

7 styled Healing v. Jones, Case No. CIV– 

8 579 (D. Ariz. September 28, 1962), or 

9 that was partitioned to the Hopi Tribe in 

10 accordance with section 4 of the Act of De11 cember 22, 1974 (Public Law 93–531; 88 

12 Stat. 1713), and codified in the Navajo13 Hopi Land Dispute Settlement Act of 

14 1996 (25 U.S.C. 640d note; Public Law 

15 104–301); 

16 (ii) all land partitioned to the Hopi 

17 Tribe by Judgment of Partition, dated 

18 February 10, 1977, in the case styled 

19 Sekaquaptewa v. MacDonald, Case No. 

20 CIV–579–PCT–JAW (D. Ariz.); 

21 (iii) all land recognized as part of the 

22 Hopi Reservation in the 1934 Act case; 

23 and 


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1 (iv) all individual allotments made to 

2 members of the Hopi Tribe within the 

3 boundaries of the Hopi Reservation. 

4 (B) MAP.— 

5 (i) IN GENERAL.—The ‘‘Hopi Res6 ervation’’ is also depicted more particularly 

7 on the map attached to the settlement 

8 agreement as exhibit 3.1.100. 

9 (ii) APPLICABILITY.—In case of a 

10 conflict relating to the ‘‘Hopi Reservation’’ 

11 as depicted on the map under clause (i) 

12 and the definition in subparagraph (A), 

13 the definition under subparagraph (A) 

14 shall control. 

15 (C) EXCLUSION.—The term ‘‘Hopi Res16 ervation’’ does not include any land held in 

17 trust by the United States for the benefit of the 

18 Navajo Nation within the exterior boundaries of 

19 the Hopi Reservation. 

20 (37) HOPI TRIBE.—The term ‘‘Hopi Tribe’’ 

21 means the Hopi Tribe, a Tribe of Hopi Indians or22 ganized under section 16 of the Act of June 18, 

23 1934 (25 U.S.C. 476) (commonly known as the ‘‘In24 dian Reorganization Act’’). 


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1 (38) HOPI TRUST LAND.—The term ‘‘Hopi 

2 trust land’’ means land that— 

3 (A) is located in the State; 

4 (B) is located outside the exterior bound5 aries of the Hopi Reservation; and 

6 (C) as of the LCR enforceability date, is 

7 held in trust by the United States for the ben8 efit of the Hopi Tribe. 

9 (39) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given the term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 450b). 

13 (40) INJURY TO QUALITY OF LOWER COLORADO

14 RIVER WATER.—The term ‘‘injury to quality of 

15 Lower Colorado River water’’ means— 

16 (A) any diminution or degradation of the 

17 quality of Lower Colorado River water due to a 

18 change in the salinity or concentration of natu19 rally occurring chemical constituents of Lower 

20 Colorado River water; and 

21 (B) any effect of a change described in 

22 subparagraph (A) if the change and effect of 

23 the change are due to the withdrawal, diversion, 

24 or use of Lower Colorado River water. 


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1 (41) INJURY TO RIGHTS TO LOWER COLORADO

2 RIVER WATER.—The term ‘‘injury to rights to Lower 

3 Colorado River water’’ means any interference with, 

4 diminution of, or deprivation of the right of any en5 tity to Lower Colorado River water under applicable 

6 law. 

7 (42) INJURY TO WATER QUALITY.—The term 

8 ‘‘injury to water quality’’ means— 

9 (A) any diminution or degradation of the 

10 quality of water due to a change in the salinity 

11 or concentration of naturally occurring chemical 

12 constituents of water; and 

13 (B) any effect of a change described in 

14 subparagraph (A) if the change and effect of 

15 the change are due to the withdrawal, diversion, 

16 or use of water. 

17 (43) INJURY TO WATER RIGHTS.—The term 

18 ‘‘injury to water rights’’ means an interference with, 

19 diminution of, or deprivation of, water rights under 

20 applicable law. 

21 (44) LCR.—The term ‘‘LCR’’ means the Little 

22 Colorado River, a tributary of the Colorado River in 

23 Arizona. 

24 (45) LCR ADJUDICATION.—The term ‘‘LCR 

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1 rior Court of the State of Arizona in and for the 

2 County of Apache styled In Re the General Adju3 dication of All Rights To Use Water In The Little 

4 Colorado River System and Source, CIV No. 6417. 

5 (46) LCR ADJUDICATION COURT.—The term 

6 ‘‘LCR adjudication court’’ means the Superior Court 

7 of the State of Arizona in and for the County of 

8 Apache, exercising jurisdiction over the LCR adju9 dication. 

10 (47) LCR DECREE.—The term ‘‘LCR decree’’ 

11 means the judgment and decree entered by the LCR 

12 adjudication court, which shall be in substantially 

13 the same form as the form of judgment attached to 

14 the settlement agreement as exhibit 3.1.70. 

15 (48) LCR ENFORCEABILITY DATE.—The term 

16 ‘‘LCR enforceability date’’ means the date on which 

17 the Secretary publishes in the Federal Register the 

18 statement of findings described in section 108(a). 

19 (49) LCR WATERSHED.—The term ‘‘LCR wa20 tershed’’ means all land located within the surface 

21 water drainage of the LCR and the tributaries of 

22 the LCR in the State. 

23 (50) LEE FERRY.—The term ‘‘Lee Ferry’’ has 

24 the meaning given the term in article II(e) of the 

25 Colorado River Compact. 


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1 (51) LOWER BASIN.—The term ‘‘lower basin’’ 

2 has the meaning given the term in article II(g) of 

3 the Colorado River Compact. 

4 (52) LOWER COLORADO RIVER.—The term 

5 ‘‘Lower Colorado River’’ means the portion of the 

6 Colorado River that is in the United States and 

7 downstream from Lee Ferry, including any res8 ervoirs on that portion of the Colorado River. 

9 (53) LOWER COLORADO RIVER BASIN DEVELOP10 MENT FUND.—The term ‘‘Lower Colorado River 

11 Basin Development Fund’’ means the fund estab12 lished by section 403 of the Colorado River Basin 

13 Project Act (43 U.S.C. 1543). 

14 (54) LOWER COLORADO RIVER WATER.— 

15 (A) IN GENERAL.—The term ‘‘Lower Colo16 rado River water’’ means the waters of the 

17 Lower Colorado River, including— 

18 (i) the waters of the reservoirs on the 

19 Lower Colorado River; 

20 (ii) the waters of the tributaries to the 

21 Lower Colorado River, other than— 

22 (I) tributaries located within the 

23 State; 


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1 (II) tributaries located within the 

2 Western Navajo Colorado River 

3 Basin; or 

4 (III) tributaries of the LCR in 

5 the State of New Mexico; 

6 (iii) all underground water that is hy7 draulically connected to the Lower Colo8 rado River; and 

9 (iv) all underground water that is hy10 draulically connected to tributaries to the 

11 Lower Colorado River, other than— 

12 (I) tributaries located within the 

13 State; 

14 (II) tributaries located within the 

15 Western Navajo Colorado River 

16 Basin; or 

17 (III) tributaries of the LCR in 

18 the State of New Mexico. 

19 (B) APPLICABILITY.—The definition of the 

20 term ‘‘Lower Colorado River water’’ in subpara21 graph (A) and any definition of the term in22 cluded in the settlement agreement— 

23 (i) shall apply only to this Act and the 

24 settlement agreement, as applicable; and 


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1 (ii) shall not be used in any interpre2 tation of— 

3 (I) the Colorado River Compact; 

4 (II) the Boulder Canyon Project 

5 Act (43 U.S.C. 617 et seq.); 

6 (III) the Colorado River Basin 

7 Project Act (43 U.S.C. 1501 et seq.); 

8 or 

9 (IV) any contract or agreement 

10 entered into pursuant to the docu11 ments described in subclauses (I) 

12 through (III). 

13 (55) NAVAJO FEE LAND.—The term ‘‘Navajo 

14 fee land’’ means land, other than Navajo trust land, 

15 that— 

16 (A) is located in the State; 

17 (B) is located outside the exterior bound18 aries of the Navajo Reservation; and 

19 (C) as of the LCR enforceability date, is 

20 owned by the Navajo Nation, including through 

21 a related entity. 

22 (56) NAVAJO-GALLUP WATER SUPPLY

23 PROJECT.—The term ‘‘Navajo-Gallup water supply 

24 project’’ means the project authorized, constructed, 

25 and operated pursuant to the Northwestern New 


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1 Mexico Rural Water Projects Act (Public Law 111– 

2 11; 123 Stat. 1368). 

3 (57) NAVAJO GENERATING STATION.—The 

4 term ‘‘Navajo generating station’’ means the Navajo 

5 generating station, a steam electric generating sta6 tion located on the Navajo Reservation near Page, 

7 Arizona, and consisting of Units 1, 2, and 3, the 

8 switchyard facilities, and all facilities and structures 

9 used or related to the Navajo generating station. 

10 (58) NAVAJO GROUNDWATER PROJECTS.—The 

11 term ‘‘Navajo Groundwater Projects’’ means the 

12 projects carried out in accordance with section 

13 103(a). 

14 (59) NAVAJO GROUNDWATER PROJECTS AC15 COUNT.—The term ‘‘Navajo Groundwater Projects 

16 Account’’ means the account created in the Treasury 

17 of the United States pursuant to section 104(a). 

18 (60) NAVAJO LAND.—The term ‘‘Navajo land’’ 

19 means— 

20 (A) the Navajo Reservation; 

21 (B) Navajo trust land; and 

22 (C) Navajo fee land. 

23 (61) NAVAJO NATION.— 

24 (A) IN GENERAL.—The term ‘‘Navajo Na25 tion’’ means the Navajo Nation, a body politic 


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1 and federally recognized Indian nation, as pro2 vided in the notice of the Department of the In3 terior entitled ‘‘Indian Entities Recognized and 

4 Eligible To Receive Services From The United 

5 States Bureau of Indian Affairs’’ (75 Fed. Reg. 

6 60810 (October 1, 2010)) published pursuant 

7 to section 104 of the Federally Recognized In8 dian Tribe List Act of 1994 (25 U.S.C. 479a– 

9 1). 

10 (B) INCLUSIONS.— 

11 (i) IN GENERAL.—The term ‘‘Navajo 

12 Nation’’ includes— 

13 (I) the Navajo Tribe; 

14 (II) the Navajo Tribe of Arizona, 

15 New Mexico & Utah; 

16 (III) the Navajo Tribe of Indi17 ans; and 

18 (IV) other similar names. 

19 (ii) BANDS AND CHAPTERS.—The 

20 term ‘‘Navajo Nation’’ includes all bands 

21 of Navajo Indians and chapters of the 

22 Navajo Nation. 

23 (62) NAVAJO NATION CAP WATER.—The term 

24 ‘‘Navajo Nation CAP water’’ means the 6,411 afy of 

25 the CAP NIA priority water retained by the SecVerDate Mar 15 2010 00:10 Feb 15, 2012 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2109.IS S2109

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1 retary pursuant to section 104(a)(1)(B)(ii) of the 

2 Arizona Water Settlements Act of 2004 (Public Law 

3 108–451; 118 Stat. 3487) and reallocated to the 

4 Navajo Nation pursuant to section 202(a) of this 

5 Act. 

6 (63) NAVAJO NATION WATER DELIVERY CON7 TRACT.—The term ‘‘Navajo Nation water delivery 

8 contract’’ means the contract entered into pursuant 

9 to the settlement agreement and section 202(c) of 

10 this Act for the delivery of Navajo Nation CAP 

11 water. 

12 (64) NAVAJO OM&R TRUST ACCOUNT.—The 

13 term ‘‘Navajo OM&R Trust Account’’ means the ac14 count created in the Treasury of the United States 

15 pursuant to section 104(b). 

16 (65) NAVAJO PROJECT LEASE.—The term 

17 ‘‘Navajo Project lease’’ means the Indenture of 

18 Lease made and entered into on September 29, 

19 1969, between— 

20 (A) the Navajo Nation, as lessor; and 

21 (B) lessees— 

22 (i) the Arizona Public Service Com23 pany (including any successor or assignee); 


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1 (ii) the Department of Water and 

2 Power of the City of Los Angeles (includ3 ing any successor or assignee); 

4 (iii) the Nevada Power Company (in5 cluding any successor or assignee); 

6 (iv) the Salt River Project Agricul7 tural Improvement and Power District (in8 cluding any successor or assignee); and 

9 (v) the Tucson Gas & Electric Com10 pany (including any successor or assignee). 

11 (66) NAVAJO PROJECT LESSEES.—The term 

12 ‘‘Navajo Project lessees’’ means the lessees described 

13 in paragraph (65)(B). 

14 (67) NAVAJO RESERVATION.— 

15 (A) IN GENERAL.—The term ‘‘Navajo Res16 ervation’’ means land that is within the exterior 

17 boundaries of the Navajo Reservation in the 

18 State, as defined by the Act of June 14, 1934 

19 (48 Stat. 960, chapter 521), including— 

20 (i) all land— 

21 (I) withdrawn by the Executive 

22 Order dated December 16, 1882, and 

23 partitioned to the Navajo Nation in 

24 accordance with the Act of December 

25 22, 1974 (Public Law 93–531; 88 


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1 Stat. 1713), and codified in the Nav2 ajo-Hopi Land Dispute Settlement 

3 Act of 1996 (25 U.S.C. 640d note; 

4 Public Law 104–301); and 

5 (II) partitioned to the Navajo 

6 Nation by Judgment of Partition, 

7 dated February 10, 1977, in the case 

8 styled Sekaquaptewa v. MacDonald, 

9 Case No. CIV–579–PCT–JAW (D. 

10 Ariz.); and 

11 (ii) all land taken into trust as a part 

12 of the Navajo Reservation pursuant to sec13 tion 11 of the Act of December 22, 1974 

14 (25 U.S.C. 640d–10) and codified in the 

15 Navajo-Hopi Land Dispute Settlement Act 

16 of 1996 (25 U.S.C. 640d note; Public Law 

17 104–301). 

18 (B) MAP.— 

19 (i) IN GENERAL.—The ‘‘Navajo Res20 ervation’’ is also depicted more particularly 

21 on the map attached to the settlement 

22 agreement as exhibit 3.1.100. 

23 (ii) APPLICABILITY.—In case of a 

24 conflict relating to the ‘‘Navajo Reserva25 tion’’ as depicted on the map under clause 


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1 (i) and the definition in subparagraph (A), 

2 the map under clause (i) shall control. 

3 (C) EXCLUSION.—Except as provided in 

4 paragraph (36)(C), the term ‘‘Navajo Reserva5 tion’’ does not include any land within the 

6 boundaries of the Hopi Reservation. 

7 (68) NAVAJO TRUST LAND.—The term ‘‘Navajo 

8 trust land’’ means land that— 

9 (A) is located in the State; 

10 (B) is located outside the exterior bound11 aries of the Navajo Reservation; and 

12 (C) as of the LCR enforceability date, is 

13 held in trust by the United States for the ben14 efit of the Navajo Nation. 

15 (69) NORVIEL DECREE.—The term ‘‘Norviel 

16 Decree’’ means the final decree of the State of Ari17 zona Superior Court in and for the County of 

18 Apache in the case styled The St. John’s Irrigation 

19 Company and the Meadows Reservoir Irrigation 

20 Company, et al. v. Round Valley Water Storage & 

21 Ditch Company, Eagar Irrigation Company, 

22 Springerville Water Right and Ditch Company, et 

23 al., Case No. 569 (Apr. 29, 1918), including any 

24 modifications to the final decree. 


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1 (70) OM&R.—The term ‘‘OM&R’’ means oper2 ation, maintenance, and replacement. 

3 (71) PARTY.—The term ‘‘party’’ means a per4 son who is a signatory to the settlement agreement. 

5 (72) PEABODY.—The term ‘‘Peabody’’ means 

6 the Peabody Western Coal Company, including any 

7 affiliate or successor of the Peabody Western Coal 

8 Company. 

9 (73) PERSON.— 

10 (A) IN GENERAL.—The term ‘‘person’’ 

11 means— 

12 (i) an individual; 

13 (ii) a public or private corporation; 

14 (iii) a company; 

15 (iv) a partnership; 

16 (v) a joint venture; 

17 (vi) a firm; 

18 (vii) an association; 

19 (viii) a society; 

20 (ix) an estate or trust; 

21 (x) a private organization or enter22 prise; 

23 (xi) the United States; 

24 (xii) an Indian tribe; 

25 (xiii) a State, territory, or country; 


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1 (xiv) a governmental entity; and 

2 (xv) a political subdivision or munic3 ipal corporation organized under or subject 

4 to the constitution and laws of the State. 

5 (B) INCLUSIONS.—The term ‘‘person’’ in6 cludes an officer, director, agent, insurer, rep7 resentative, employee, attorney, assign, sub8 sidiary, affiliate, enterprise, legal representative, 

9 any predecessor and successor in interest and 

10 any heir of a predecessor and successor in in11 terest of a person. 

12 (74) PRECONSTRUCTION ACTIVITY.— 

13 (A) IN GENERAL.—The term 

14 ‘‘preconstruction activity’’ means the work asso15 ciated with the preplanning, planning, and de16 sign phases of construction, as those terms are 

17 defined in paragraphs (1) through (3) of section 

18 900.112(a) of title 25, Code of Federal Regula19 tions (or successor regulation). 

20 (B) INCLUSION.—The term 

21 ‘‘preconstruction activity’’ includes activities de22 scribed in section 900.112(b) of title 25, Code 

23 of Federal Regulations (or successor regula24 tion). 


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1 (75) RAILROAD GRANTED LAND.—The term 

2 ‘‘Railroad granted land’’ means the land granted 

3 (including Federal rights-of-way and easements) to 

4 Navajo Project lessees in accordance with sections 

5 1.16 and 2 of the grant issued by the Secretary and 

6 dated January 19, 1971. 

7 (76) RIGHTS TO LOWER COLORADO RIVER

8 WATER.—The term ‘‘rights to Lower Colorado River 

9 water’’ means any and all rights in or to Lower Col10 orado River water under applicable law. 

11 (77) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary of the Interior (or the designee 

13 of the Secretary). 

14 (78) SETTLEMENT AGREEMENT.— 

15 (A) IN GENERAL.—The term ‘‘settlement 

16 agreement’’ means the 2012 agreement, includ17 ing exhibits, entitled the ‘‘Navajo-Hopi Little 

18 Colorado River Water Rights Settlement Agree19 ment’’. 

20 (B) INCLUSIONS.—The term ‘‘settlement 

21 agreement’’ includes— 

22 (i) any amendments necessary to 

23 make the settlement agreement consistent 

24 with this Act; and 


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1 (ii) any other amendments approved 

2 by the parties to the settlement agreement 

3 and the Secretary. 

4 (79) STATE.—The term ‘‘State’’ means the 

5 State of Arizona. 

6 (80) STATE IMPLEMENTING LAW.—The term 

7 ‘‘State implementing law’’ means a law enacted by 

8 the State that includes terms that are substantially 

9 similar to the terms of the settlement agreement and 

10 attached to the settlement agreement as exhibit 

11 3.1.128. 

12 (81) SURFACE WATER.— 

13 (A) IN GENERAL.—The term ‘‘surface 

14 water’’ means all water in the State that is ap15 propriable under State law. 

16 (B) EXCLUSIONS.—The term ‘‘surface 

17 water’’ does not include— 

18 (i) appropriable water that is located 

19 within the upper basin; or 

20 (ii) Lower Colorado River water. 

21 (82) UNDERGROUND WATER.— 

22 (A) IN GENERAL.—The term ‘‘under23 ground water’’ means all water beneath the sur24 face of the earth within the boundaries of the 

25 State, regardless of the legal characterization of 


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1 that water as appropriable or nonappropriable 

2 under applicable law. 

3 (B) EXCLUSION.—The term ‘‘underground 

4 water’’ does not include effluent. 

5 (83) UPPER BASIN.—The term ‘‘upper basin’’ 

6 has the meaning given the term in article II(f) of 

7 the Colorado River Compact. 

8 (84) UPPER BASIN COMPACT.—The term 

9 ‘‘Upper Basin Compact’’ means the Upper Colorado 

10 River Basin Compact of 1948, as ratified and re11 printed in article 3 of chapter 7 of title 45, Arizona 

12 Revised Statutes. 

13 (85) UPPER BASIN WATER.—The term ‘‘upper 

14 basin water’’ means the waters of the upper basin. 

15 (86) WATER.—The term ‘‘water’’, when used 

16 without a modifying adjective, means— 

17 (A) groundwater; 

18 (B) surface water; and 

19 (C) effluent. 

20 (87) WATER RIGHT.—The term ‘‘water right’’ 

21 means any right in or to water under Federal, State, 

22 or law. 

23 (88) WESTERN NAVAJO COLORADO RIVER

24 BASIN.—The term ‘‘Western Navajo Colorado River 

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1 tion that are located in the lower basin and outside 

2 of the LCR watershed. 

3 (89) WINDOW ROCK.—The term ‘‘Window 

4 Rock’’ means the geographical area in the State to 

5 be served by the Navajo-Gallup water supply project, 

6 which shall include Window Rock, Arizona. 

7 TITLE I—NAVAJO-HOPI LITTLE 

8 COLORADO RIVER WATER 

9 RIGHTS SETTLEMENT AGREE10 MENT 

11 SEC. 101. RATIFICATION AND EXECUTION OF THE NAVAJO12 HOPI LITTLE COLORADO RIVER WATER 

13 RIGHTS SETTLEMENT AGREEMENT. 

14 (a) IN GENERAL.—Except to the extent that any pro15 vision of the settlement agreement conflicts with this Act, 

16 the settlement agreement is authorized, ratified, and con17 firmed. 

18 (b) AMENDMENTS TO SETTLEMENT AGREEMENT.— 

19 If an amendment to the settlement agreement is executed 

20 to make the settlement agreement consistent with this Act, 

21 the amendment is authorized, ratified, and confirmed. 

22 (c) EXECUTION OF SETTLEMENT AGREEMENT.—To 

23 the extent the settlement agreement does not conflict with 

24 this Act, the Secretary shall promptly execute— 


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1 (1) the settlement agreement, including all ex2 hibits to the settlement agreement requiring the sig3 nature of the Secretary; and 

4 (2) any amendments to the settlement agree5 ment, including any amendment to any exhibit to 

6 the settlement agreement requiring the signature of 

7 the Secretary, necessary to make the settlement 

8 agreement consistent with this Act. 

9 (d) DISCRETION OF THE SECRETARY.—The Sec10 retary may execute any other amendment to the settle11 ment agreement, including any amendment to any exhibit 

12 to the settlement agreement requiring the signature of the 

13 Secretary, that is not inconsistent with this Act if the 

14 amendment does not require congressional approval pur15 suant to the Trade and Intercourse Act (25 U.S.C. 177) 

16 or other applicable Federal law (including regulations). 

17 SEC. 102. WATER RIGHTS. 

18 (a) WATER RIGHTS TO BE HELD IN TRUST.— 

19 (1) NAVAJO NATION WATER RIGHTS.—All water 

20 rights of the Navajo Nation for the Navajo Reserva21 tion and land held in trust by the United States for 

22 the Navajo Nation and allottees of the Navajo Na23 tion and all Navajo Nation CAP water shall be held 

24 in trust by the United States for the benefit of the 


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1 Navajo Nation and allottees of the Navajo Nation, 

2 respectively. 

3 (2) HOPI TRIBE WATER RIGHTS.—All water 

4 rights of the Hopi Tribe for the Hopi Reservation 

5 and land held in trust by the United States for the 

6 Hopi Tribe and allottees of the Hopi Tribe shall be 

7 held in trust by the United States for the benefit of 

8 the Hopi Tribe and allottees of the Hopi Tribe, re9 spectively. 

10 (b) FORFEITURE AND ABANDONMENT.—Any water 

11 right held in trust by the United States under subsection 

12 (a) shall not be subject to loss by nonuse, forfeiture, aban13 donment, or any other provision of law. 

14 (c) USE OF WATER DIVERTED FROM LCR WATER15 SHED.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the Navajo Nation may— 

18 (A) divert surface water or groundwater 

19 described in paragraph 4.0 of the settlement 

20 agreement; and 

21 (B) subject to the condition that the water 

22 remain on the Navajo Reservation, move any 

23 water diverted under subparagraph (A) out of 

24 the LCR watershed for use by the Navajo Na25 tion. 


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1 (2) EFFECT OF DIVERSION.—Any water di2 verted and moved out of the LCR watershed pursu3 ant to paragraph (1)— 

4 (A) shall be considered to be a part of the 

5 LCR; and 

6 (B) shall not be considered to be part of, 

7 or charged against, the consumptive use appor8 tionment made— 

9 (i) to the State by article III(a)(1) of 

10 the Upper Basin Compact; or 

11 (ii) to the upper basin by article III(a) 

12 of the Colorado River Compact. 

13 (d) WATER RIGHTS OF ALLOTTEES.— 

14 (1) NAVAJO RESERVATION ALLOTMENTS.— 

15 (A) IN GENERAL.—The right of an allottee 

16 (and of the United States acting as trustee for 

17 an allottee), to use water on an allotment lo18 cated on the Navajo Reservation shall be— 

19 (i) satisfied solely from the water se20 cured to the Navajo Nation (and to the 

21 United States acting as trustee for the 

22 Navajo Nation) by the LCR decree; and 

23 (ii) subject to the terms of the LCR 

24 decree. 


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1 (B) ADMINISTRATION.—A right under sub2 paragraph (A) shall be enforceable only pursu3 ant to the Navajo Nation water code, which 

4 shall provide allottees a process to enforce such 

5 rights against the Navajo Nation. 

6 (2) HOPI RESERVATION ALLOTMENTS.— 

7 (A) IN GENERAL.—The right of an allottee 

8 (and of the United States acting as trustee for 

9 an allottee), to use water on an allotment lo10 cated on the Hopi Reservation shall be— 

11 (i) satisfied solely from the water se12 cured to the Hopi Tribe (and to the United 

13 States acting as trustee for the Hopi 

14 Tribe) by the LCR decree; and 

15 (ii) subject to the terms of the LCR 

16 decree. 

17 (B) ADMINISTRATION.—A right under sub18 paragraph (A) shall be enforceable only pursu19 ant to the Hopi Tribe water code, which shall 

20 provide allottees a process to enforce such 

21 rights against the Hopi Tribe. 

22 (3) OFF-RESERVATION ALLOTMENTS.—The 

23 right of an allottee (and of the United States acting 

24 as trustee for an allottee), to use water on an allot25 ment located off the Navajo and Hopi Reservations 


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1 shall be as described in the abstracts attached to the 

2 settlement agreement as exhibit 4.7.3. 

3 SEC. 103. AUTHORIZATION FOR CONSTRUCTION OF MUNIC4 IPAL, DOMESTIC, COMMERCIAL, AND INDUS5 TRIAL WATER PROJECTS. 

6 (a) NAVAJO GROUNDWATER PROJECTS.— 

7 (1) IN GENERAL.—Subject to the availability of 

8 appropriations, the Secretary, acting through the 

9 Commissioner, shall plan, design, and construct the 

10 water diversion and delivery features of the Navajo 

11 Groundwater Projects. 

12 (2) LEAD AGENCY.—The Bureau of Reclama13 tion shall serve as the lead agency for any activity 

14 relating to the planning, design, and construction of 

15 the water diversion and delivery features of the Nav16 ajo Groundwater Projects. 

17 (3) SCOPE.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the scope of the planning, design, 

20 and construction activities for the Navajo 

21 Groundwater Projects shall be as generally de22 scribed in the documents prepared by Brown & 

23 Caldwell entitled— 


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1 (i) ‘‘Final Summary Report Leupp, 

2 Birdsprings, and Tolani Lake Water Dis3 tribution System Analysis (May 2008)’’; 

4 (ii) ‘‘Final Summary Report Dilkon 

5 and Teestoh Water Distribution System 

6 Analysis (May 2008)’’; 

7 (iii) ‘‘Raw Water Transmission Pipe8 line Alignment Alternative Evaluation 

9 Final Report (May 2008)’’; and 

10 (iv) ‘‘Ganado C-Aquifer Project Re11 port (October 2008)’’. 

12 (B) REVIEW.— 

13 (i) IN GENERAL.—Before beginning 

14 construction activities for the Navajo 

15 Groundwater Projects, the Secretary 

16 shall— 

17 (I) review the proposed designs 

18 of the Navajo Groundwater Projects; 

19 and 

20 (II) carry out value engineering 

21 analyses of the proposed designs. 

22 (ii) NEGOTIATIONS WITH THE NAVAJO

23 NATION.—As necessary, the Secretary shall 

24 periodically negotiate and reach agreement 

25 with the Navajo Nation regarding any 


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1 change to the proposed designs of the Nav2 ajo Groundwater Projects if, on the basis 

3 of the review under clause (i), the Sec4 retary determines that a change is nec5 essary— 

6 (I) to meet applicable industry 

7 standards; 

8 (II) to ensure the Navajo 

9 Groundwater Projects will be con10 structed for not more than the 

11 amount set forth in paragraph (4); 

12 and 

13 (III) to improve the cost-effec14 tiveness of the delivery of water. 

15 (4) FUNDING.— 

16 (A) IN GENERAL.—The total amount of 

17 obligations incurred by the Secretary in car18 rying out this subsection shall not exceed 

19 $199,000,000, except that the total amount of 

20 obligations shall be increased or decreased, as 

21 appropriate, based on ordinary fluctuations 

22 from May 1, 2011, in construction cost indices 

23 applicable to the types of construction involved 

24 in the planning, design, and construction of the 

25 Navajo Groundwater Projects. 


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1 (B) NO REIMBURSEMENT.—The Secretary 

2 shall not be reimbursed by any entity, including 

3 the Navajo Nation, for any amounts expended 

4 by the Secretary in carrying out this subsection. 

5 (C) PROJECT EFFICIENCIES.—If the total 

6 cost of planning, design, and construction ac7 tivities of the Navajo Groundwater Projects re8 sults in cost savings and is less than the 

9 amounts authorized to be obligated under this 

10 paragraph, the Secretary, at the request of the 

11 Navajo Nation, may— 

12 (i) use those cost savings to carry out 

13 capital improvement projects associated 

14 with the Navajo Groundwater Projects; or 

15 (ii) transfer those cost savings to the 

16 Navajo OM&R Trust Account. 

17 (5) APPLICABILITY OF THE ISDEAA.— 

18 (A) IN GENERAL.—At the request of the 

19 Navajo Nation and in accordance with the In20 dian Self-Determination and Education Assist21 ance Act (25 U.S.C. 450 et seq.), the Secretary 

22 shall enter into 1 or more agreements with the 

23 Navajo Nation to carry out this subsection. 

24 (B) ADMINISTRATION.—The Commissioner 

25 and the Navajo Nation shall negotiate the cost 


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1 of any oversight activity carried out by the Bu2 reau of Reclamation for an agreement entered 

3 into under subparagraph (A), subject to the 

4 condition that the total cost for the oversight 

5 shall not exceed 4.0 percent of the total costs 

6 of the Navajo Groundwater Projects. 

7 (6) TITLE TO NAVAJO GROUNDWATER

8 PROJECTS.— 

9 (A) IN GENERAL.—The Secretary shall 

10 convey to the Navajo Nation title to each of the 

11 Navajo Groundwater Projects on the date on 

12 which the Secretary issues a notice of substan13 tial completion that— 

14 (i) the infrastructure constructed is 

15 capable of storing, diverting, treating, 

16 transmitting, and distributing a supply of 

17 water as generally set forth in the final 

18 project design described in paragraph (3); 

19 and 

20 (ii) the Secretary has consulted with 

21 the Navajo Nation regarding the proposed 

22 finding that the respective Navajo Ground23 water Project is substantially complete. 

24 (B) LIMITATION ON LIABILITY.—Effective 

25 beginning on the date on which the Secretary 


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1 transfers to the Navajo Nation title to the 

2 Leupp-Dilkon Groundwater Project or the 

3 Ganado Groundwater Project under subpara4 graph (A), the United States shall not be held 

5 liable by any court for damages arising out of 

6 any act, omission, or occurrence relating to the 

7 facilities transferred, other than damages 

8 caused by an intentional act or an act of neg9 ligence committed by the United States, or by 

10 employees or agents of the United States, prior 

11 to the date on which the Secretary transfers 

12 title to the Leupp-Dilkon Groundwater Project 

13 or the Ganado Groundwater Project to the Nav14 ajo Nation. 

15 (C) OM&R OBLIGATION OF THE UNITED

16 STATES AFTER CONVEYANCE.—The United 

17 States shall have no obligation to pay for the 

18 OM&R costs of the Navajo Groundwater 

19 Projects beginning on the date on which— 

20 (i) title to the Navajo Groundwater 

21 Projects is transferred to the Navajo Na22 tion; and 

23 (ii) the amounts required to be depos24 ited in the Navajo OM&R Trust Account 


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1 pursuant to section 104(b) have been de2 posited in that account. 

3 (7) TECHNICAL ASSISTANCE.—Subject to the 

4 availability of appropriations, the Secretary shall 

5 provide technical assistance, including operation and 

6 management training, to the Navajo Nation to pre7 pare the Navajo Nation for the operation of the 

8 Navajo Groundwater Projects. 

9 (8) PROJECT MANAGEMENT COMMITTEE.—The 

10 Secretary shall facilitate the formation of a project 

11 management committee composed of representatives 

12 from the Bureau of Reclamation, the Bureau of In13 dian Affairs, and the Navajo Nation— 

14 (A) to review cost factors and budgets for 

15 construction, operation, and maintenance activi16 ties for the Navajo Groundwater Projects; 

17 (B) to improve management of inherently 

18 governmental functions through enhanced com19 munication; and 

20 (C) to seek additional ways to reduce over21 all costs for the Navajo Groundwater Projects. 

22 (9) AUTHORIZATION TO CONSTRUCT.— 

23 (A) IN GENERAL.—The Secretary is au24 thorized to construct the Navajo Groundwater 

25 Projects beginning on the day after the date on 


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1 which the Secretary publishes in the Federal 

2 Register the statement of findings under section 

3 108(a). 

4 (B) PRECONSTRUCTION ACTIVITIES.—Not5 withstanding subparagraph (A), the Secretary 

6 is authorized to use amounts appropriated to 

7 the Navajo Groundwater Projects Account pur8 suant to section 104(a) to carry out prior to the 

9 LCR enforceability date preconstruction activi10 ties for the Navajo Groundwater Projects. 

11 (b) HOPI GROUNDWATER PROJECT.— 

12 (1) IN GENERAL.—Subject to the availability of 

13 appropriations, the Secretary, acting through the 

14 Commissioner, shall plan, design, and construct the 

15 water diversion and delivery features of the Hopi 

16 Groundwater Project. 

17 (2) LEAD AGENCY.—The Bureau of Reclama18 tion shall serve as the lead agency for any activity 

19 relating to the planning, design, and construction of 

20 the water diversion and delivery features of the Hopi 

21 Groundwater Project. 

22 (3) SCOPE.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the scope of the planning, design, 

25 and construction activities for the Hopi 


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1 Groundwater Project shall be as generally de2 scribed in the document entitled ‘‘Hopi Tribe 

3 2012 Little Colorado River Adjudication Settle4 ment Domestic, Commercial, Municipal and In5 dustrial Water System Memorandum (February 

6 2012)’’ by Dowl HKM. 

7 (B) REVIEW.— 

8 (i) IN GENERAL.—Before beginning 

9 construction activities, the Secretary 

10 shall— 

11 (I) review the proposed design of 

12 the Hopi Groundwater Project; and 

13 (II) carry out value engineering 

14 analyses of the proposed design. 

15 (ii) NEGOTIATIONS WITH THE HOPI

16 TRIBE.—As necessary, the Secretary shall 

17 periodically negotiate and reach agreement 

18 with the Hopi Tribe regarding any change 

19 to the proposed design of the Hopi 

20 Groundwater Project if, on the basis of the 

21 review under clause (i), the Secretary de22 termines that a change is necessary— 

23 (I) to meet applicable industry 

24 standards; 


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1 (II) to ensure that the Hopi 

2 Groundwater Project will be con3 structed for not more than the 

4 amount set forth in paragraph (4); 

5 and 

6 (III) to improve the cost-effec7 tiveness of the delivery of water. 

8 (4) FUNDING.— 

9 (A) IN GENERAL.—The total amount of 

10 obligations incurred by the Secretary in car11 rying out this subsection shall not exceed 

12 $113,000,000, except that the total amount of 

13 obligations shall be increased or decreased, as 

14 appropriate, based on ordinary fluctuations 

15 from May 1, 2011, in construction cost indices 

16 applicable to the types of construction involved 

17 in the planning, design, and construction of the 

18 Hopi Groundwater Project. 

19 (B) NO REIMBURSEMENT.—The Secretary 

20 shall not be reimbursed by any entity, including 

21 the Hopi Tribe, for any amounts expended by 

22 the Secretary in carrying out this subsection. 

23 (C) PROJECT EFFICIENCIES.—If the total 

24 cost of planning, design, and construction ac25 tivities of the Hopi Groundwater Project results 


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1 in cost savings and is less than the amounts au2 thorized to be obligated under this paragraph, 

3 the Secretary, at the request of the Hopi Tribe, 

4 may— 

5 (i) use those cost savings to carry out 

6 capital improvement projects associated 

7 with the Hopi Groundwater Project; or 

8 (ii) transfer those cost savings to the 

9 Hopi OM&R Trust Account. 

10 (5) APPLICABILITY OF THE ISDEAA.— 

11 (A) IN GENERAL.—At the request of the 

12 Hopi Tribe and in accordance with the Indian 

13 Self-Determination and Education Assistance 

14 Act (25 U.S.C. 450 et seq.), the Secretary shall 

15 enter into 1 or more agreements with the Hopi 

16 Tribe to carry out this subsection. 

17 (B) ADMINISTRATION.—The Commissioner 

18 and the Hopi Tribe shall negotiate the cost of 

19 any oversight activity carried out by the Bureau 

20 of Reclamation for an agreement entered into 

21 under subparagraph (A), subject to the condi22 tion that the total cost for the oversight shall 

23 not exceed 4.0 percent of the total costs of the 

24 Hopi Groundwater Project. 

25 (6) TITLE TO HOPI GROUNDWATER PROJECT.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 convey to the Hopi Tribe title to the Hopi 

3 Groundwater Project on the date on which the 

4 Secretary issues a notice of substantial comple5 tion that— 

6 (i) the infrastructure constructed is 

7 capable of storing, diverting, treating, 

8 transmitting, and distributing a supply of 

9 water as generally set forth in the final 

10 project design described in paragraph (3); 

11 and 

12 (ii) the Secretary has consulted with 

13 the Hopi Tribe regarding the proposed 

14 finding that the Hopi Groundwater Project 

15 is substantially complete. 

16 (B) LIMITATION ON LIABILITY.—Effective 

17 beginning on the date on which the Secretary 

18 transfers to the Hopi Tribe title to the Hopi 

19 Groundwater Project under subparagraph (A), 

20 the United States shall not be held liable by 

21 any court for damages arising out of any act, 

22 omission, or occurrence relating to the facilities 

23 transferred, other than damages caused by an 

24 intentional act or an act of negligence com25 mitted by the United States, or by employees or 


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1 agents of the United States, prior to the date 

2 on which the Secretary transfers title to the 

3 Hopi Groundwater Project to the Hopi Tribe. 

4 (C) OM&R OBLIGATION OF THE UNITED

5 STATES AFTER CONVEYANCE.—The United 

6 States shall have no obligation to pay for the 

7 OM&R costs of the Hopi Groundwater Project 

8 beginning on the date on which— 

9 (i) title to the Hopi Groundwater 

10 Project is transferred to the Hopi Tribe; 

11 and 

12 (ii) the amounts required to be depos13 ited in the Hopi OM&R Trust Account 

14 pursuant to section 104(d) have been de15 posited in that account. 

16 (7) TECHNICAL ASSISTANCE.—Subject to the 

17 availability of appropriations, the Secretary shall 

18 provide technical assistance, including operation and 

19 management training, to the Hopi Tribe to prepare 

20 the Hopi Tribe for the operation of the Hopi 

21 Groundwater Project. 

22 (8) PROJECT MANAGEMENT COMMITTEE.—The 

23 Secretary shall facilitate the formation of a project 

24 management committee composed of representatives 


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1 from the Bureau of Reclamation, the Bureau of In2 dian Affairs, and the Hopi Tribe— 

3 (A) to review cost factors and budgets for 

4 construction, operation, and maintenance activi5 ties for the Hopi Groundwater Project; 

6 (B) to improve management of inherently 

7 governmental activities through enhanced com8 munication; and 

9 (C) to seek additional ways to reduce over10 all costs for the Hopi Groundwater Project. 

11 (9) AUTHORIZATION TO CONSTRUCT.— 

12 (A) IN GENERAL.—The Secretary is au13 thorized to construct the Hopi Groundwater 

14 Project beginning on the day after the date on 

15 which the Secretary publishes in the Federal 

16 Register the statement of findings under section 

17 108(a). 

18 (B) PRECONSTRUCTION ACTIVITIES.—Not19 withstanding subparagraph (A), the Secretary 

20 is authorized to use amounts appropriated to 

21 the Hopi Groundwater Project Account pursu22 ant to section 104(c) to carry out prior to the 

23 LCR enforceability date preconstruction activi24 ties for the Hopi Groundwater Project. 

25 (c) N-AQUIFER MANAGEMENT PLAN.— 


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1 (1) IN GENERAL.—Prior to the LCR enforce2 ability date, the Secretary, acting through the Direc3 tor of the United States Geological Survey and in 

4 consultation with the Navajo Nation and the Hopi 

5 Tribe, is authorized to use amounts appropriated to 

6 the N-Aquifer Account pursuant to section 104(e) to 

7 conduct modeling and monitoring activities of the N8 Aquifer as provided for in paragraph 6.2 of the set9 tlement agreement. 

10 (2) CONTINUING ASSISTANCE.—After the LCR 

11 enforceability date, the Secretary, in consultation 

12 with the Navajo Nation and the Hopi Tribe, is au13 thorized to use amounts appropriated to the N-Aqui14 fer Account pursuant to section 104(e) to assist the 

15 Navajo Nation and the Hopi Tribe in implementing 

16 the N-Aquifer Management Plan and the Pasture 

17 Canyon Springs Protection Program Account pursu18 ant to section 104(f) to assist the Navajo Nation 

19 and the Hopi Tribe in implementing the Pasture 

20 Canyon Springs Protection Program, both as de21 scribed in paragraph 6.2 of the settlement agree22 ment. 

23 (3) LIMITED LIABILITY.—The Secretary shall 

24 have no liability with respect to the management of 

25 the N-Aquifer, subject to the condition that the SecVerDate Mar 15 2010 22:27 Feb 14, 2012 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2109.IS S2109

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1 retary complies with the responsibilities of the Sec2 retary, as set forth in the N-Aquifer Management 

3 Plan. 

4 SEC. 104. FUNDING. 

5 (a) NAVAJO GROUNDWATER PROJECTS ACCOUNT.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States an account, to be 

8 known as the ‘‘Navajo Groundwater Projects Ac9 count’’, to be administered by the Secretary, con10 sisting of the amounts deposited in the account 

11 under paragraph (2), together with any interest ac12 crued by those amounts, for use by the Navajo Na13 tion in constructing the Navajo Groundwater 

14 Projects. 

15 (2) TRANSFERS TO ACCOUNT.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (C), there are authorized to be appro18 priated to the Secretary for deposit in the Nav19 ajo Groundwater Projects Account— 

20 (i) $199,000,000, to remain available 

21 until expended; less 

22 (ii) the amounts deposited in the ac23 count under subparagraph (B). 

24 (B) TRANSFERS FROM OTHER SOURCES.— 


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1 (i) LOWER COLORADO RIVER BASIN

2 DEVELOPMENT FUND.— 

3 (I) IN GENERAL.—The Secretary 

4 of the Treasury shall transfer, without 

5 further appropriation, $25,000,000 to 

6 the Navajo Groundwater Projects Ac7 count from the Future Indian Water 

8 Settlement Subaccount of the Lower 

9 Colorado River Basin Development 

10 Fund established pursuant to section 

11 403(f)(2)(D)(vi) of the Colorado River 

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

13 1543(f)(2)(D)(vi)). 

14 (II) AVAILABILITY.—The 

15 amounts transferred under subclause 

16 (I) shall not be available to the Sec17 retary for expenditure until the date 

18 on which the Secretary publishes in 

19 the Federal Register the statement of 

20 findings under section 108(a). 

21 (ii) RECLAMATION WATER SETTLE22 MENTS FUND.— 

23 (I) IN GENERAL.—If amounts re24 main available for expenditure in the 

25 Reclamation Water Settlements Fund 


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1 established by section 10501 of the 

2 Omnibus Public Land Management 

3 Act of 2009 (43 U.S.C. 407), the Sec4 retary of the Treasury shall transfer 

5 to the Navajo Groundwater Projects 

6 Account, without further appropria7 tion, not more than $50,000,000. 

8 (II) AVAILABILITY.—The 

9 amounts transferred under subclause 

10 (I) shall not be available to the Sec11 retary for expenditure until the date 

12 on which the Secretary publishes in 

13 the Federal Register the statement of 

14 findings under section 108(a). 

15 (iii) STATE CONTRIBUTION.—Pursu16 ant to subparagraph 13.22 of the settle17 ment agreement, the State shall transfer to 

18 the Navajo Groundwater Projects Account 

19 $1,000,000. 

20 (C) FLUCTUATION IN DEVELOPMENT

21 COSTS.—The amount authorized to be appro22 priated under subparagraph (A)(i) and depos23 ited in the Navajo Groundwater Projects Ac24 count shall be increased or decreased, as appro25 priate, by such amounts as may be justified by 


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1 reason of ordinary fluctuations in development 

2 costs occurring after May 1, 2011, as indicated 

3 by engineering cost indices applicable to the 

4 type of construction involved, until the Sec5 retary declares that the Navajo Groundwater 

6 Projects are substantially complete. 

7 (3) MANAGEMENT OF ACCOUNT.— 

8 (A) IN GENERAL.—The Secretary shall 

9 manage the Navajo Groundwater Projects Ac10 count in a manner that is consistent with— 

11 (i) the American Indian Trust Fund 

12 Management Reform Act of 1994 (25 

13 U.S.C. 4001 et seq.); and 

14 (ii) this subsection. 

15 (B) INVESTMENTS.—The Secretary shall 

16 invest amounts in the Navajo Groundwater 

17 Projects Account in accordance with— 

18 (i) the Act of April 1, 1880 (25 

19 U.S.C. 161); 

20 (ii) the first section of the Act of June 

21 24, 1938 (25 U.S.C. 162a); and 

22 (iii) obligations of Federal corpora23 tions and Federal Government-sponsored 

24 entities, the charter documents of which 

25 provide that the obligations of the entities 


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1 are lawful investments for federally man2 aged funds, including— 

3 (I) obligations of the United 

4 States Postal Service described in sec5 tion 2005 of title 39, United States 

6 Code; 

7 (II) bonds and other obligations 

8 of the Tennessee Valley Authority de9 scribed in section 15d of the Ten10 nessee Valley Authority Act of 1933 

11 (16 U.S.C. 831n–4); 

12 (III) mortgages, obligations, or 

13 other securities of the Federal Home 

14 Loan Mortgage Corporation described 

15 in section 303 of the Federal Home 

16 Loan Mortgage Corporation Act (12 

17 U.S.C. 1452); and 

18 (IV) bonds, notes, or debentures 

19 of the Commodity Credit Corporation 

20 described in section 4 of the Act of 

21 March 8, 1938 (15 U.S.C. 713a–4). 

22 (C) CREDITS TO ACCOUNT.—The interest 

23 on, and the proceeds from, the sale or redemp24 tion of, any obligations held in the Navajo 


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1 Groundwater Projects Account shall be credited 

2 to, and form a part of, the account. 

3 (4) AVAILABILITY OF AMOUNTS AND INVEST4 MENT EARNINGS.— 

5 (A) IN GENERAL.—Except as provided in 

6 section 103(a)(9), amounts appropriated to and 

7 deposited in the Navajo Groundwater Projects 

8 Account shall not be available to the Secretary 

9 for expenditure until the date on which the Sec10 retary publishes in the Federal Register the 

11 statement of findings under section 108(a). 

12 (B) INVESTMENT EARNINGS.—Investment 

13 earnings on amounts deposited in the Navajo 

14 Groundwater Projects Account under paragraph 

15 (3) shall not be available to the Secretary for 

16 expenditure until the date on which the Sec17 retary publishes in the Federal Register the 

18 statement of findings under section 108(a). 

19 (b) NAVAJO OM&R TRUST ACCOUNT.— 

20 (1) ESTABLISHMENT.—There is established in 

21 the Treasury of the United States a trust account, 

22 to be known as the ‘‘Navajo OM&R Trust Account’’, 

23 to be administered by the Secretary and to be avail24 able until expended, consisting of the amounts de25 posited in the account under paragraph (2), together 


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1 with any interest accrued by those amounts, for the 

2 OM&R of the Navajo Groundwater Projects. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B) and in addition to any amounts 

6 transferred to the Navajo OM&R Trust Ac7 count pursuant to section 103(a)(4), there is 

8 authorized to be appropriated, deposited, and 

9 retained in the Navajo OM&R Trust Account, 

10 $23,000,000. 

11 (B) FLUCTUATION IN COSTS.—The 

12 amount authorized to be appropriated under 

13 subparagraph (A) shall be increased or de14 creased, as appropriate, by such amounts as 

15 may be justified by reason of ordinary fluctua16 tions in costs occurring after May 1, 2011, as 

17 indicated by applicable engineering cost indices. 

18 (3) MANAGEMENT OF ACCOUNT.— 

19 (A) IN GENERAL.—The Secretary shall 

20 manage the Navajo OM&R Trust Account in a 

21 manner that is consistent with— 

22 (i) the American Indian Trust Fund 

23 Management Reform Act of 1994 (25 

24 U.S.C. 4001 et seq.); and 

25 (ii) this subsection. 


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1 (B) INVESTMENTS.—The Secretary shall 

2 invest amounts in the Navajo OM&R Trust Ac3 count in accordance with subsection (a)(3)(B). 

4 (4) AVAILABILITY OF AMOUNTS.—Amounts ap5 propriated to and deposited in the Navajo OM&R 

6 Trust Account, including any investment earnings, 

7 shall be made available to the Navajo Nation by the 

8 Secretary beginning on the date on which title to the 

9 Navajo Groundwater Projects is transferred to the 

10 Navajo Nation. 

11 (c) HOPI GROUNDWATER PROJECT ACCOUNT.— 

12 (1) ESTABLISHMENT.—There is established in 

13 the Treasury of the United States an account, to be 

14 known as the ‘‘Hopi Groundwater Project Account’’, 

15 to be administered by the Secretary, and consisting 

16 of the amounts deposited in the account under para17 graph (2), together with any interest accrued by 

18 those amounts, for use in constructing the Hopi 

19 Groundwater Project. 

20 (2) TRANSFERS TO ACCOUNT.— 

21 (A) IN GENERAL.—Subject to subpara22 graphs (C), there is authorized to be appro23 priated to the Secretary for deposit in the Hopi 

24 Groundwater Project Account— 


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1 (i) $113,000,000, to remain available 

2 until expended; less 

3 (ii) the amounts deposited in the ac4 count under subparagraph (B). 

5 (B) TRANSFERS FROM OTHER SOURCES.— 

6 (i) LOWER COLORADO RIVER BASIN

7 DEVELOPMENT FUND.— 

8 (I) IN GENERAL.—The Secretary 

9 of the Treasury shall transfer, without 

10 further appropriation, $25,000,000 to 

11 the Hopi Groundwater Project Ac12 count from the Future Indian Water 

13 Settlement Subaccount of the Lower 

14 Colorado River Basin Development 

15 Fund established pursuant to section 

16 403(f)(2)(D)(vi) of the Colorado River 

17 Basin Project Act (43 U.S.C. 

18 1543(f)(2)(D)(vi)). 

19 (II) AVAILABILITY.—The 

20 amounts transferred under subclause 

21 (I) shall not be available to the Sec22 retary for expenditure until the date 

23 on which the Secretary publishes in 

24 the Federal Register the statement of 

25 findings under section 108(a). 


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1 (ii) STATE CONTRIBUTION.—Pursuant 

2 to subparagraph 13.22 of the settlement 

3 agreement, the State shall transfer to the 

4 Hopi Groundwater Project Account 

5 $1,000,000. 

6 (C) FLUCTUATION IN DEVELOPMENT

7 COSTS.—The amount authorized to be appro8 priated under subparagraph (A)(i) shall be in9 creased or decreased, as appropriate, by such 

10 amounts as may be justified by reason of ordi11 nary fluctuations in development costs occur12 ring after May 1, 2011, as indicated by engi13 neering cost indices applicable to the type of 

14 construction involved, until the Secretary de15 clares that the Hopi Groundwater Project is 

16 substantially complete. 

17 (3) MANAGEMENT OF ACCOUNT.— 

18 (A) IN GENERAL.—The Secretary shall 

19 manage the Hopi Groundwater Project Account 

20 in a manner that is consistent with— 

21 (i) the American Indian Trust Fund 

22 Management Reform Act of 1994 (25 

23 U.S.C. 4001 et seq.); and 

24 (ii) this subsection. 


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1 (B) INVESTMENTS.—The Secretary shall 

2 invest amounts in the Hopi Groundwater 

3 Project Account in accordance with subsection 

4 (a)(3)(B). 

5 (C) CREDITS TO ACCOUNT.—The interest 

6 on, and the proceeds from, the sale or redemp7 tion of, any obligations held in the Hopi 

8 Groundwater Project Account shall be credited 

9 to, and form a part of, the account. 

10 (4) AVAILABILITY OF AMOUNTS AND INVEST11 MENT EARNINGS.— 

12 (A) IN GENERAL.—Except as provided in 

13 section 103(b)(9), amounts appropriated to and 

14 deposited in the Hopi Groundwater Project Ac15 count shall not be available to the Secretary for 

16 expenditure until the date on which the Sec17 retary publishes findings under section 108(a). 

18 (B) INVESTMENT EARNINGS.—Investment 

19 earnings on amounts deposited in the Hopi 

20 Groundwater Project Account under paragraph 

21 (3) shall not be available to the Secretary for 

22 expenditure until after the date on which the 

23 Secretary publishes in the Federal Register the 

24 statement of findings under section 108(a). 

25 (d) HOPI OM&R TRUST ACCOUNT.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a trust account, 

3 to be known as the ‘‘Hopi OM&R Trust Account’’, 

4 to be administered by the Secretary and to be avail5 able until expended, consisting of the amounts de6 posited in the account under paragraph (2), together 

7 with any interest accrued by those amounts, for the 

8 OM&R of the Hopi Groundwater Project. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B) and in addition to any amounts 

12 transferred to the Hopi OM&R Trust Account 

13 pursuant to section 103(b)(4), there is author14 ized to be appropriated, deposited, and retained 

15 in the Hopi OM&R Trust Account, $5,000,000. 

16 (B) FLUCTUATION IN COSTS.—The 

17 amount authorized to be appropriated under 

18 subparagraph (A) shall be increased or de19 creased, as appropriate, by such amounts as 

20 may be justified by reason of ordinary fluctua21 tions in costs occurring after May 1, 2011, as 

22 indicated by applicable engineering cost indices. 

23 (3) MANAGEMENT OF ACCOUNT.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 manage the Hopi OM&R Trust Account in a 

3 manner that is consistent with— 

4 (i) the American Indian Trust Fund 

5 Management Reform Act of 1994 (25 

6 U.S.C. 4001 et seq.); and 

7 (ii) this subsection. 

8 (B) INVESTMENTS.—The Secretary shall 

9 invest amounts in the Hopi OM&R Trust Ac10 count in accordance with subsection (a)(3)(B). 

11 (4) AVAILABILITY OF AMOUNTS.—Amounts ap12 propriated to and deposited in the Hopi OM&R 

13 Trust Account, including any investment earnings, 

14 shall be made available to the Hopi Tribe by the 

15 Secretary beginning on the date on which title to the 

16 Hopi Groundwater Project is transferred to the 

17 Hopi Tribe. 

18 (e) N-AQUIFER ACCOUNT.— 

19 (1) ESTABLISHMENT.—There is established in 

20 the Treasury of the United States an account, to be 

21 known as the ‘‘N-Aquifer Account’’, to be adminis22 tered by the Secretary and to be available until ex23 pended, consisting of the amounts deposited in the 

24 account under paragraph (2) to carry out activities 

25 relating to the N-Aquifer in accordance with section 


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1 103(c) and subparagraph 6.2 of the settlement 

2 agreement. 

3 (2) AUTHORIZATION OF APPROPRIATIONS FOR

4 N-AQUIFER MANAGEMENT PLAN.— 

5 (A) IN GENERAL.—In addition to any 

6 amounts transferred to the Aquifer account 

7 pursuant to subsection (g), there is authorized 

8 to be appropriated, deposited, and retained to 

9 carry out section 103(c) and subparagraph 6.2 

10 of the settlement agreement $5,000,000. 

11 (B) FLUCTUATIONS IN COSTS.—The 

12 amount authorized to be appropriated under 

13 subparagraph (A) shall be increased or de14 creased, as appropriate, by such amounts as 

15 may be justified by reason of ordinary fluctua16 tions in costs occurring after May 1, 2011, as 

17 indicated by applicable engineering cost indices. 

18 (3) AVAILABILITY.—Amounts appropriated to 

19 and deposited in the N-Aquifer Account shall be 

20 made available by the Secretary prior to the LCR 

21 enforceability date to carry out the activities relating 

22 to the N-Aquifer management plan in accordance 

23 with section 103(c)(1) and subparagraph 6.2 of the 

24 settlement agreement. 


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1 (f) PASTURE CANYON SPRINGS PROTECTION PRO2 GRAM ACCOUNT.— 

3 (1) ESTABLISHMENT.—There is established in 

4 the Treasury of the United States a trust account, 

5 to be known as the ‘‘Pasture Canyon Springs Pro6 tection Program Account’’, to be administered by 

7 the Secretary and to be available until expended, 

8 consisting of the amounts deposited in the account 

9 under paragraph (2), together with any interest ac10 crued by those amounts, to carry out activities relat11 ing to the Pasture Canyon Springs Protection Pro12 gram in accordance with section 103(c) and sub13 paragraph 6.2 of the settlement agreement. 

14 (2) AUTHORIZATION OF APPROPRIATION FOR

15 PASTURE CANYON SPRINGS PROTECTION PRO16 GRAM.— 

17 (A) IN GENERAL.—There is authorized to 

18 be appropriated to carry out activities relating 

19 to the Pasture Canyon Springs Protection Pro20 gram in accordance with section 103(c)(2) and 

21 to implement the Pasture Canyon Springs Pro22 tection Program provisions of subparagraph 6.2 

23 of the settlement agreement $10,400,000. 

24 (B) FLUCTUATIONS IN COSTS.—The 

25 amount authorized to be appropriated under 


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1 subparagraph (A) shall be increased or de2 creased, as appropriate, by such amounts as 

3 may be justified by reason of ordinary fluctua4 tions in costs occurring after May 1, 2011, as 

5 indicated by applicable engineering cost indices. 

6 (3) MANAGEMENT OF ACCOUNT.— 

7 (A) IN GENERAL.—The Secretary shall 

8 manage the Pasture Canyon Springs Protection 

9 Program Account in a manner that is con10 sistent with— 

11 (i) the American Indian Trust Fund 

12 Management Reform Act of 1994 (25 

13 U.S.C. 4001 et seq.); and 

14 (ii) this subsection. 

15 (B) INVESTMENTS.—The Secretary shall 

16 invest amounts in the Pasture Canyon Springs 

17 Protection Program Account in accordance with 

18 subsection (a)(3)(B). 

19 (4) AVAILABILITY.—Amounts made available 

20 under this subsection shall not be available to the 

21 Secretary for expenditure until the date on which 

22 the Secretary publishes in the Federal Register the 

23 statement of findings under section 108(a). 

24 (g) TRANSFER OF FUNDS.— 


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1 (1) NAVAJO NATION.—The Secretary may, 

2 upon request of the Navajo Nation, transfer 

3 amounts from an account established by subsections 

4 (a) and (b) to any other account established by this 

5 section. 

6 (2) HOPI TRIBE.—The Secretary may, upon re7 quest of the Hopi Tribe, transfer amounts from an 

8 account established by subsections (c), (d), and (f) 

9 to any other account established by this section. 

10 (3) AVAILABILITY.— 

11 (A) IN GENERAL.—The Secretary shall not 

12 transfer amounts under this subsection until 

13 the day after the date on which the Secretary 

14 publishes in the Federal Register the statement 

15 of findings under section 108(a). 

16 (B) AVAILABLE UNTIL EXPENDED.—Any 

17 amounts transferred under this subsection shall 

18 remain available until expended. 

19 (h) OFFSET.—To the extent necessary, the Secretary 

20 shall offset any direct spending authorized and any inter21 est earned on amounts expended pursuant to this section 

22 using such additional amounts as may be made available 

23 to the Secretary for the applicable fiscal year. 


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1 SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF 

2 CLAIMS. 

3 (a) NAVAJO NATION WAIVERS, RELEASES, AND RE4 TENTIONS OF CLAIMS.— 

5 (1) CLAIMS AGAINST THE STATE AND OTH6 ERS.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (C), the Navajo Nation, on behalf 

9 of itself and the members of the Navajo Nation 

10 (but not members in their capacity as allottees), 

11 and the United States, acting as trustee for the 

12 Navajo Nation and the members of the Navajo 

13 Nation (but not members in their capacity as 

14 allottees), as part of the performance of the re15 spective obligations of the Navajo Nation and 

16 the United States under the settlement agree17 ment, are authorized to execute a waiver and 

18 release of any claims against the State (or any 

19 agency or political subdivision of the State), the 

20 Hopi Tribe, or any other person, entity, cor21 poration or municipal corporation under Fed22 eral, State or other law for all— 

23 (i) past, present, and future claims for 

24 water rights for Navajo land and land of 

25 the Navajo Nation outside of the State, 

26 whether held in fee or held in trust by the 


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1 United States on behalf of the Navajo Na2 tion, arising from time immemorial and, 

3 thereafter, forever; 

4 (ii) past, present, and future claims 

5 for water rights arising from time imme6 morial and, thereafter, forever, that are 

7 based on aboriginal occupancy of land both 

8 within and outside of the State by the 

9 Navajo Nation, the members of the Navajo 

10 Nation, or their predecessors; 

11 (iii) past and present claims for injury 

12 to water rights and injury to water quality 

13 for Navajo land and land of the Navajo 

14 Nation outside of the State, whether held 

15 in fee or held in trust by the United States 

16 on behalf of the Navajo Nation, arising 

17 from time immemorial through the LCR 

18 enforceability date; 

19 (iv) past, present, and future claims 

20 for injury to water rights and injury to 

21 water quality arising from time immemo22 rial and, thereafter, forever, that are based 

23 on aboriginal occupancy of land both with24 in and outside of the State by the Navajo 


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1 Nation, the members of the Navajo Na2 tion, or their predecessors; 

3 (v) claims for injury to water rights 

4 and injury to water quality arising after 

5 the LCR enforceability date for Navajo 

6 land and land of the Navajo Nation out7 side of the State, whether held in fee or 

8 held in trust by the United States on be9 half of the Navajo Nation, resulting from 

10 the diversion or use of water in a manner 

11 not in violation of the settlement agree12 ment; and 

13 (vi) past, present, and future claims 

14 arising out of, or relating in any manner 

15 to, the negotiation, execution, or adoption 

16 of the settlement agreement, an applicable 

17 settlement judgment or decree, or this Act. 

18 (B) EFFECTIVE DATE.—The waiver and 

19 release of claims under subparagraph (A) shall 

20 be effective on the LCR enforceability date. 

21 (C) RETENTION OF CLAIMS.—The Navajo 

22 Nation, on behalf of itself and the members of 

23 the Navajo Nation (but not members in their 

24 capacity as allottees), and the United States, 

25 acting as trustee for the Navajo Nation and the 


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•S 2109 IS

1 members of the Navajo Nation (but not mem2 bers in their capacity as allottees), shall retain 

3 all rights not expressly waived under subpara4 graph (A), including any right— 

5 (i) subject to subparagraph 13.14 of 

6 the settlement agreement— 

7 (I) to assert claims of rights to 

8 upper basin water for Navajo land; 

9 and 

10 (II) to assert claims of rights to 

11 upper basin water that are based on 

12 aboriginal occupancy of land within 

13 the upper basin by the Navajo Nation, 

14 the members of the Navajo Nation, or 

15 their predecessors; 

16 (ii) subject to subparagraphs 6.3 and 

17 13.8 of the settlement agreement, to assert 

18 claims for injuries to, and seek enforce19 ment of, the rights of the Navajo Nation 

20 under the settlement agreement or this 

21 Act, in any Federal or State court of com22 petent jurisdiction; 

23 (iii) to assert claims for injuries to, 

24 and seek enforcement of, the rights of the 

25 Navajo Nation under the LCR decree; 


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•S 2109 IS

1 (iv) to assert claims for injuries to, 

2 and seek enforcement of, the rights of the 

3 Navajo Nation under the Gila River Adju4 dication decree; 

5 (v) to participate in the LCR adju6 dication to the extent provided in the set7 tlement agreement; 

8 (vi) to participate in the Gila River 

9 adjudication to the extent provided in sub10 paragraphs 4.12, 4.13 and 4.14 of the set11 tlement agreement; 

12 (vii) except as provided in the settle13 ment agreement, to object to any claims 

14 for water rights, injury to water rights, or 

15 injury to water quality by or for any In16 dian tribe or the United States on behalf 

17 of the Indian tribe; 

18 (viii) except as provided in the settle19 ment agreement, to assert past, present, or 

20 future claims for injury to water rights, in21 jury to water quality, or any other claims 

22 other than a claim for water rights, 

23 against any Indian tribe or the United 

24 States on behalf of the Indian tribe; 


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•S 2109 IS

1 (ix) to assert past, present, or future 

2 claims for rights to Lower Colorado River 

3 water, injury to rights to Lower Colorado 

4 River water, or injury to quality of Lower 

5 Colorado River water for Navajo land; and 

6 (x) to assert past, present, or future 

7 claims for rights to Lower Colorado River 

8 water, injury to rights to Lower Colorado 

9 River water, or injury to quality of Lower 

10 Colorado River water that are based on ab11 original occupancy of land by the Navajo 

12 Nation, the members of the Navajo Na13 tion, or their predecessors. 

14 (2) CLAIMS AGAINST THE UNITED STATES.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (C), the Navajo Nation, on behalf 

17 of itself and the members of the Navajo Nation 

18 (but not members in their capacity as allottees), 

19 as part of the performance of the obligations of 

20 the Navajo Nation under the settlement agree21 ment, is authorized to execute a waiver and re22 lease of any claims against the United States 

23 (or agencies, officials, or employees of the 

24 United States) under Federal, State, or other 

25 law for all— 


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•S 2109 IS

1 (i) past, present, and future claims for 

2 water rights for Navajo land and land of 

3 the Navajo Nation outside of the State, 

4 whether held in fee or held in trust by the 

5 United States on behalf of the Navajo Na6 tion, arising from time immemorial and, 

7 thereafter, forever; 

8 (ii) past, present, and future claims 

9 for water rights arising from time imme10 morial and, thereafter, forever, that are 

11 based on aboriginal occupancy of land both 

12 within and outside of the State by the 

13 Navajo Nation, the members of the Navajo 

14 Nation, or their predecessors; 

15 (iii) past and present claims for injury 

16 to water rights and injury to water quality 

17 for Navajo land and land of the Navajo 

18 Nation outside of the State, whether held 

19 in fee or held in trust by the United States 

20 on behalf of the Navajo Nation, arising 

21 from time immemorial through the LCR 

22 enforceability date; 

23 (iv) past, present, and future claims 

24 for injury to water rights and injury to 

25 water quality arising from time immemoVerDate Mar 15 2010 22:27 Feb 14, 2012 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S2109.IS S2109

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•S 2109 IS

1 rial and, thereafter, forever, that are based 

2 on aboriginal occupancy of land both with3 in and outside of the State by the Navajo 

4 Nation, the members of the Navajo Na5 tion, or their predecessors; 

6 (v) claims for injury to water rights 

7 and injury to water quality arising after 

8 the LCR enforceability date for Navajo 

9 land and land of the Navajo Nation out10 side of the State, whether held in fee or 

11 held in trust by the United States on be12 half of the Navajo Nation, resulting from 

13 the diversion or use of water in a manner 

14 not in violation of the settlement agree15 ment; 

16 (vi) past, present, and future claims 

17 arising out of, or relating in any manner 

18 to, the negotiation, execution, or adoption 

19 of the settlement agreement, an applicable 

20 settlement judgment or decree, or this Act; 

21 (vii) past, present, and future claims 

22 for failure to protect, acquire, or develop 

23 water rights for or on behalf of the Navajo 

24 Nation and the members of the Navajo 


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•S 2109 IS

1 Nation arising from time immemorial and, 

2 thereafter, forever; 

3 (viii) past, present, and future claims 

4 relating to failure to assert any claims au5 thorized to be waived under this sub6 section; 

7 (ix) claims for the OM&R costs of the 

8 Navajo Groundwater Projects, which shall 

9 be effective on the date on which the Sec10 retary transfers title to, and OM&R re11 sponsibility for, the Navajo Groundwater 

12 Projects to the Navajo Nation; 

13 (x) claims in the case styled The Nav14 ajo Nation v. United States Department of 

15 the Interior, Case No. CV–03–0507–PCT– 

16 PGR, pending in the United States Dis17 trict Court for the District of Arizona, in18 cluding all claims based on the facts al19 leged in the complaint filed in the action, 

20 except any claim that is dismissed without 

21 prejudice pursuant to section 108(a)(14); 

22 and 

23 (xi) past and present claims relating 

24 in any manner to damages, losses, or inju25 ries to water, water rights, land, or other 


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•S 2109 IS

1 resources due to loss of water or water 

2 rights (including damages, losses, or inju3 ries to hunting, fishing, gathering, or cul4 tural rights due to loss of water or water 

5 rights, claims relating to interference with, 

6 diversion, or taking of water, or claims re7 lating to failure to protect, acquire, or de8 velop water, water rights, or water infra9 structure) within the reservation and off10 reservation trust land that first accrued at 

11 any time prior to the LCR enforceability 

12 date. 

13 (B) EFFECTIVE DATE.—Except as pro14 vided in subparagraph (A)(ix), the waiver and 

15 release of claims under subparagraph (A) shall 

16 be effective on the LCR enforceability date. 

17 (C) RETENTION OF CLAIMS.—The Navajo 

18 Nation and the members of the Navajo Nation 

19 (but not members in their capacity as allottees) 

20 shall retain all rights not expressly waived in 

21 under subparagraph (A), including any right— 

22 (i) subject to subparagraph 13.14 of 

23 the settlement agreement— 


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•S 2109 IS

1 (I) to assert claims of rights to 

2 upper basin water for Navajo land; 

3 and 

4 (II) to assert claims of rights to 

5 upper basin water that are based on 

6 aboriginal occupancy of land within 

7 the upper basin by the Navajo Nation, 

8 the members of the Navajo Nation, or 

9 their predecessors; 

10 (ii) subject to subparagraph 13.8 of 

11 the settlement agreement, to assert claims 

12 for injuries to, and seek enforcement of, 

13 the rights of the Navajo Nation under the 

14 settlement agreement or this Act in any 

15 Federal or State court of competent juris16 diction; 

17 (iii) to assert claims for injuries to, 

18 and seek enforcement of, the rights of the 

19 Navajo Nation under the LCR decree; 

20 (iv) to assert claims for injuries to, 

21 and seek enforcement of, the rights of the 

22 Navajo Nation under the Gila River adju23 dication decree; 


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•S 2109 IS

1 (v) to participate in the LCR adju2 dication to the extent provided in the set3 tlement agreement; 

4 (vi) to participate in the Gila River 

5 adjudication to the extent provided in sub6 paragraphs 4.12, 4.13, and 4.14 of the set7 tlement agreement; 

8 (vii) except as provided in the settle9 ment agreement, to object to any claims 

10 for water rights, injury to water rights, or 

11 injury to water quality by or for any In12 dian tribe or the United States on behalf 

13 of the Indian tribe; 

14 (viii) except as provided in the settle15 ment agreement, to assert past, present, or 

16 future claims for injury to water rights, in17 jury to water quality, or any other claims 

18 other than a claim for water rights, 

19 against any Indian tribe or the United 

20 States on behalf of the Indian tribe; 

21 (ix) to assert past, present, or future 

22 claims for rights to Lower Colorado River 

23 water, injury to rights to Lower Colorado 

24 River water, or injury to quality of Lower 

25 Colorado River water for Navajo land; and 


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84 

•S 2109 IS

1 (x) to assert past, present, or future 

2 claims for rights to Lower Colorado River 

3 water, injury to rights to Lower Colorado 

4 River water, or injury to quality of Lower 

5 Colorado River water that are based on ab6 original occupancy of land by the Navajo 

7 Nation, the members of the Navajo Na8 tion, or their predecessors. 

9 (b) HOPI TRIBE WAIVERS, RELEASES, AND RETEN10 TIONS OF CLAIMS.— 

11 (1) CLAIMS AGAINST THE STATE AND OTH12 ERS.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (C), the Hopi Tribe, on behalf of 

15 itself and the members of the Hopi Tribe (but 

16 not members in their capacity as allottees), and 

17 the United States, acting as trustee for the 

18 Hopi Tribe and the members of the Hopi Tribe 

19 (but not members in their capacity as allottees), 

20 as part of the performance of the respective ob21 ligations of the Hopi Tribe and the United 

22 States under the settlement agreement, are au23 thorized to execute a waiver and release of any 

24 claims against the State (or any agency or po25 litical subdivision of the State), the Navajo NaVerDate Mar 15 2010 22:27 Feb 14, 2012 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S2109.IS S2109

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•S 2109 IS

1 tion, or any other person, entity, corporation, or 

2 municipal corporation under Federal, State, or 

3 other law for all— 

4 (i) past, present, and future claims for 

5 water rights for Hopi land arising from 

6 time immemorial and, thereafter, forever; 

7 (ii) past, present, and future claims 

8 for water rights arising from time imme9 morial and, thereafter, forever, that are 

10 based on aboriginal occupancy of land by 

11 the Hopi Tribe, the members of the Hopi 

12 Tribe, or their predecessors; 

13 (iii) past and present claims for injury 

14 to water rights and injury to water quality 

15 for Hopi land arising from time immemo16 rial through the LCR enforceability date; 

17 (iv) past, present, and future claims 

18 for injury to water rights and injury to 

19 water quality arising from time immemo20 rial and, thereafter, forever, that are based 

21 on aboriginal occupancy of land by the 

22 Hopi Tribe, the members of the Hopi 

23 Tribe, or their predecessors; 

24 (v) claims for injury to water rights 

25 and injury to water quality arising after 


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86 

•S 2109 IS

1 the LCR enforceability date for Hopi land 

2 resulting from the diversion or use of 

3 water in a manner not in violation of the 

4 settlement agreement; and 

5 (vi) past, present, and future claims 

6 arising out of, or relating in any manner 

7 to, the negotiation, execution, or adoption 

8 of the settlement agreement, an applicable 

9 settlement judgment or decree, or this Act. 

10 (B) EFFECTIVE DATE.—The waiver and 

11 release of claims under subparagraph (A) shall 

12 be effective on the LCR enforceability date. 

13 (C) RETENTION OF CLAIMS.—The Hopi 

14 Tribe on behalf of itself and the members of the 

15 Hopi Tribe (but not members in their capacity 

16 as allottees), and the United States, acting as 

17 trustee for the Hopi Tribe and the members of 

18 the Hopi Tribe (but not members in their ca19 pacity as allottees), shall retain all rights not 

20 expressly waived under subparagraph (A), in21 cluding any right— 

22 (i) to assert claims for injuries to, and 

23 seek enforcement of, the rights of the Hopi 

24 Tribe under the Norviel Decree, as set 

25 forth in the abstracts required pursuant to 


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•S 2109 IS

1 subparagraph 5.4.1 of the settlement 

2 agreement; 

3 (ii) subject to subparagraphs 6.3 and 

4 13.8 of the settlement agreement, to assert 

5 claims for injuries to, and seek enforce6 ment of, the rights of the Hopi Tribe 

7 under the settlement agreement or this 

8 Act, in any Federal or State court of com9 petent jurisdiction; 

10 (iii) to assert claims for injuries to, 

11 and seek enforcement of, the rights of the 

12 Hopi Tribe under the LCR decree; 

13 (iv) to participate in the LCR adju14 dication to the extent provided in the set15 tlement agreement; 

16 (v) except as provided in the settle17 ment agreement, to object to any claims 

18 for water rights, injury to water rights, or 

19 injury to water quality by or for any In20 dian tribe or the United States on behalf 

21 of the Indian tribe; 

22 (vi) except as provided in the settle23 ment agreement, to assert past, present, or 

24 future claims for injury to water rights, in25 jury to water quality, or any other claims 


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88 

•S 2109 IS

1 other than a claim for water rights, 

2 against any Indian tribe or the United 

3 States on behalf of the Indian tribe; 

4 (vii) to assert past, present, or future 

5 claims for rights to Lower Colorado River 

6 water, injury to rights to Lower Colorado 

7 River water, or injury to quality of Lower 

8 Colorado River water for Hopi land; and 

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

10 claims for rights to Lower Colorado River 

11 water, injury to rights to Lower Colorado 

12 River water, or injury to quality of Lower 

13 Colorado River water that are based on ab14 original occupancy of land by the Hopi 

15 Tribe, the members of the Hopi Tribe, or 

16 their predecessors. 

17 (2) CLAIMS AGAINST THE UNITED STATES.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (C), the Hopi Tribe, on behalf of 

20 itself and the members of the Hopi Tribe (but 

21 not members in their capacity as allottees), as 

22 part of the performance of the obligations of 

23 the Hopi Tribe under the settlement agreement, 

24 is authorized to execute a waiver and release of 

25 any claims against the United States (or agenVerDate Mar 15 2010 22:27 Feb 14, 2012 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S2109.IS S2109

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•S 2109 IS

1 cies, officials, or employees of the United 

2 States) under Federal, State, or other law for 

3 all— 

4 (i) past, present, and future claims for 

5 water rights for Hopi land arising from 

6 time immemorial and, thereafter, forever; 

7 (ii) past, present, and future claims 

8 for water rights arising from time imme9 morial and, thereafter, forever, that are 

10 based on aboriginal occupancy of land by 

11 the Hopi Tribe, the members of the Hopi 

12 Tribe, or their predecessors; 

13 (iii) past and present claims for injury 

14 to water rights and injury to water quality 

15 for Hopi land arising from time immemo16 rial through the LCR enforceability date; 

17 (iv) past, present, and future claims 

18 for injury to water rights and injury to 

19 water quality arising from time immemo20 rial and, thereafter, forever, that are based 

21 on aboriginal occupancy of land by the 

22 Hopi Tribe, the members of the Hopi 

23 Tribe, or their predecessors; 

24 (v) claims for injury to water rights 

25 and injury to water quality arising after 


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90 

•S 2109 IS

1 the LCR enforceability date for Hopi land 

2 resulting from the diversion or use of 

3 water in a manner not in violation of the 

4 settlement agreement; 

5 (vi) past, present, and future claims 

6 arising out of, or relating in any manner 

7 to, the negotiation, execution, or adoption 

8 of the settlement agreement, an applicable 

9 settlement judgment or decree, or this Act; 

10 (vii) past, present, and future claims 

11 for failure to protect, acquire, or develop 

12 water rights for or on behalf of the Hopi 

13 Tribe and the members of the Hopi Tribe 

14 arising from time immemorial and, there15 after, forever; 

16 (viii) past, present, and future claims 

17 relating to failure to assert any claims au18 thorized to be waived under this sub19 section; 

20 (ix) claims for the OM&R costs of the 

21 Hopi Groundwater Project, which shall be22 come effective on the date on which the 

23 Secretary transfers title to, and OM&R re24 sponsibility for, the Hopi Groundwater 

25 Project to the Hopi Tribe; and 


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•S 2109 IS

1 (x) past and present claims relating in 

2 any manner to damages, losses, or injuries 

3 to water, water rights, land, or other re4 sources due to loss of water or water rights 

5 (including damages, losses, or injuries to 

6 hunting, fishing, gathering, or cultural 

7 rights due to loss of water or water rights, 

8 claims relating to interference with, diver9 sion, or taking of water, or claims relating 

10 to failure to protect, acquire, or develop 

11 water, water rights, or water infrastruc12 ture) within the reservation and off-res13 ervation trust land that first accrued at 

14 any time prior to the LCR enforceability 

15 date. 

16 (B) EFFECTIVE DATE.—Except as pro17 vided in subparagraph (A)(ix), the waiver and 

18 release of claims under subparagraph (A) shall 

19 be effective on the LCR enforceability date. 

20 (C) RETENTION OF CLAIMS.—The Hopi 

21 Tribe on behalf of itself and the members of the 

22 Hopi Tribe (but not members in their capacity 

23 as allottees) shall retain all rights not expressly 

24 waived under subparagraph (A), including any 

25 right— 


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92 

•S 2109 IS

1 (i) to assert claims for injuries to, and 

2 seek enforcement of, the rights of the Hopi 

3 Tribe under the Norviel Decree, as set 

4 forth in the abstracts required pursuant to 

5 subparagraph 5.4.1 of the settlement 

6 agreement; 

7 (ii) subject to subparagraph 13.8 of 

8 the settlement agreement, to assert claims 

9 for injuries to, and seek enforcement of, 

10 the rights of the Hopi Tribe under the set11 tlement agreement or this Act, in any Fed12 eral or State court of competent jurisdic13 tion; 

14 (iii) to assert claims for injuries to, 

15 and seek enforcement of, the rights of the 

16 Hopi Tribe under the LCR decree; 

17 (iv) to participate in the LCR adju18 dication to the extent provided in the set19 tlement agreement; 

20 (v) except as provided in the settle21 ment agreement, to object to any claims 

22 for water rights, injury to water rights, or 

23 injury to water quality by or for any In24 dian tribe or the United States on behalf 


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•S 2109 IS

1 of the Indian tribe other than the Navajo 

2 Nation and the Hopi Tribe; 

3 (vi) except as provided in the settle4 ment agreement, to assert past, present, or 

5 future claims for injury to water rights, in6 jury to water quality, or any other claims 

7 other than a claim for water rights, 

8 against any Indian tribe or the United 

9 States on behalf of the Indian tribe other 

10 than the Navajo Nation and the Hopi 

11 Tribe; 

12 (vii) to assert past, present, or future 

13 claims for rights to Lower Colorado River 

14 water, injury to rights to Lower Colorado 

15 River water, or injury to quality of Lower 

16 Colorado River water for Hopi land; and 

17 (viii) to assert past, present, or future 

18 claims for rights to Lower Colorado River 

19 water, injury to rights to Lower Colorado 

20 River water, or injury to quality of Lower 

21 Colorado River water that are based on ab22 original occupancy of land by the Hopi 

23 Tribe, the members of the Hopi Tribe, or 

24 their predecessors. 


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•S 2109 IS

1 (c) WAIVERS AND RELEASES OF CLAIMS BY THE

2 UNITED STATES.— 

3 (1) ACTING AS TRUSTEE FOR ALLOTTEES.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (C), the United States, acting as 

6 trustee for allottees of the Navajo Nation and 

7 Hopi Tribe, as part of the performance of the 

8 obligations of the United States under the set9 tlement agreement, is authorized to execute a 

10 waiver and release of any claims against the 

11 State (or any agency or political subdivision of 

12 the State), the Navajo Nation, the Hopi Tribe, 

13 or any other person, entity, corporation, or mu14 nicipal corporation under Federal, State, or 

15 other law, for all— 

16 (i) past, present, and future claims for 

17 water rights for allotments arising from 

18 time immemorial, and, thereafter, forever; 

19 (ii) past, present, and future claims 

20 for water rights arising from time imme21 morial and, thereafter, forever, that are 

22 based on aboriginal occupancy of land by 

23 allottees or their predecessors; 

24 (iii) past and present claims for injury 

25 to water rights and injury to water quality 


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95 

•S 2109 IS

1 for allotments arising from time immemo2 rial through the LCR enforceability date; 

3 (iv) past, present, and future claims 

4 for injury to water rights and injury to 

5 water quality, if any, arising from time im6 memorial and, thereafter, forever, that are 

7 based on aboriginal occupancy of land by 

8 allottees or their predecessors; 

9 (v) claims for injury to water rights 

10 and injury to water quality arising after 

11 the LCR enforceability date for allotments 

12 resulting from the diversion or use of 

13 water in a manner not in violation of the 

14 settlement agreement; and 

15 (vi) past, present, and future claims 

16 arising out of, or relating in any manner 

17 to, the negotiation, execution, or adoption 

18 of the settlement agreement, an applicable 

19 settlement judgment or decree, or this Act. 

20 (B) EFFECTIVE DATE.—The waiver and 

21 release of claims under subparagraph (A) shall 

22 be effective on the LCR enforceability date. 

23 (C) RETENTION OF CLAIMS.—The United 

24 States, acting as trustee for allottees of the 

25 Navajo Nation and Hopi Tribe, shall retain all 


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•S 2109 IS

1 rights not expressly waived under subparagraph 

2 (A), including any right— 

3 (i) subject to subparagraph 13.14 of 

4 the settlement agreement— 

5 (I) to assert claims of rights to 

6 upper basin water, if any, for allot7 ments; and 

8 (II) to assert claims of rights to 

9 upper basin water that are based on 

10 aboriginal occupancy of land within 

11 the upper basin in the State by 

12 allottees or their predecessors; 

13 (ii) subject to subparagraph 13.8 of 

14 the settlement agreement, to assert claims 

15 for injuries to, and seek enforcement of, 

16 the rights of allottees, if any, under the 

17 settlement agreement or this Act, in any 

18 Federal or State court of competent juris19 diction; 

20 (iii) to assert claims for injuries to, 

21 and seek enforcement of, the rights of 

22 allottees, if any, under the LCR decree; 

23 (iv) to participate in the LCR adju24 dication to the extent provided in the set25 tlement agreement; 


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•S 2109 IS

1 (v) except as provided in the settle2 ment agreement, to object to any claims 

3 for water rights, injury to water rights, or 

4 injury to water quality by or for any In5 dian tribe; 

6 (vi) except as provided in the settle7 ment agreement, to assert past, present, or 

8 future claims for injury to water rights, in9 jury to water quality, or any other claims 

10 other than a claim for water rights, 

11 against any Indian tribe; 

12 (vii) to assert past, present, or future 

13 claims for rights to Lower Colorado River 

14 water, injury to rights to Lower Colorado 

15 River water, or injury to quality of Lower 

16 Colorado River water for allotments; and 

17 (viii) to assert past, present, or future 

18 claims for rights to Lower Colorado River 

19 water, injury to rights to Lower Colorado 

20 River water, or injury to quality of Lower 

21 Colorado River water that are based on ab22 original occupancy of land by allottees or 

23 their predecessors. 


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•S 2109 IS

1 (2) WAIVER AND RELEASE OF CLAIMS BY THE

2 UNITED STATES AGAINST THE NAVAJO NATION AND

3 THE HOPI TRIBE.— 

4 (A) IN GENERAL.—Except as provided 

5 subparagraph (C), the United States, except 

6 when acting as trustee for an Indian tribe other 

7 than the Navajo Nation or the Hopi Tribe, as 

8 part of the performance of the obligations of 

9 the United States under the settlement agree10 ment, is authorized to execute a waiver and re11 lease of any and all claims of the United States 

12 against the Navajo Nation and the Hopi Tribe, 

13 including any agency, official, or employee of 

14 the Navajo Nation or the Hopi Tribe, under 

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

16 (i) past, present, and future claims 

17 arising out of, or relating in any manner 

18 to, the negotiation or execution of the set19 tlement agreement or this Act; 

20 (ii) past and present claims for injury 

21 to water rights and injury to water quality 

22 resulting from the diversion or use of 

23 water on Navajo land and Hopi land aris24 ing from time immemorial through the 

25 LCR enforceability date; and 


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•S 2109 IS

1 (iii) claims for injury to water rights 

2 and injury to water quality arising after 

3 the LCR enforceability date resulting from 

4 the diversion or use of water on Navajo 

5 land and Hopi land in a manner not in vio6 lation of the settlement agreement. 

7 (B) EFFECTIVE DATE.—The waiver and 

8 release of claims under subparagraph (A) shall 

9 be effective on the LCR enforceability date. 

10 (C) RETENTION OF CLAIMS.—The United 

11 States shall retain all rights not expressly 

12 waived under subparagraph (A), including— 

13 (i) subject to subparagraph 13.8 of 

14 the settlement agreement, to assert claims 

15 for injuries to, and seek enforcement of, 

16 the settlement agreement or this Act, in 

17 any Federal or State court of competent 

18 jurisdiction; 

19 (ii) to enforce the Gila River adjudica20 tion decree; and 

21 (iii) to enforce the LCR decree. 

22 SEC. 106. SATISFACTION OF WATER RIGHTS AND OTHER 

23 BENEFITS. 

24 (a) NAVAJO NATION.— 


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1 (1) IN GENERAL.—Except as provided in the 

2 settlement agreement, the benefits realized by the 

3 Navajo Nation under the settlement agreement and 

4 this Act shall be in complete and full satisfaction of 

5 all claims of the Navajo Nation and the members of 

6 the Navajo Nation, and the United States, acting as 

7 trustee for the Navajo Nation and the members of 

8 the Navajo Nation, for water rights, injury to water 

9 rights, and injury to water quality, under Federal, 

10 State, or other law with respect to Navajo land. 

11 (2) SOURCE.—Any entitlement to water of the 

12 Navajo Nation and the members of the Navajo Na13 tion, or the United States, acting as trustee for the 

14 Navajo Nation and the members of the Navajo Na15 tion, for Navajo land shall be satisfied out of the 

16 water resources and other benefits granted, con17 firmed, or recognized to or for the Navajo Nation, 

18 and the United States, acting as trustee for the 

19 Navajo Nation, by the settlement agreement, the 

20 LCR decree, the Navajo Nation water delivery con21 tract, and this Act. 

22 (3) EFFECT.—Notwithstanding paragraph (2), 

23 nothing in the settlement agreement or this Act has 

24 the effect of recognizing or establishing any right of 


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1 a member of the Navajo Nation to water on Navajo 

2 land. 

3 (b) HOPI TRIBE.— 

4 (1) IN GENERAL.—Except as provided in the 

5 settlement agreement, the benefits realized by the 

6 Hopi Tribe under the settlement agreement and this 

7 Act shall be in complete and full satisfaction of all 

8 claims of the Hopi Tribe and the members of the 

9 Hopi Tribe, and the United States, acting as trustee 

10 for the Hopi Tribe and the members of the Hopi 

11 Tribe, for water rights, injury to water rights, and 

12 injury to water quality under Federal, State, or 

13 other law with respect to Hopi land. 

14 (2) SOURCE.—Any entitlement to water of the 

15 Hopi Tribe and the members of the Hopi Tribe, or 

16 the United States, acting as trustee for the Hopi 

17 Tribe and the members of the Hopi Tribe, for Hopi 

18 land shall be satisfied out of the water resources and 

19 other benefits granted, confirmed, or recognized to 

20 or for the Hopi Tribe, and the United States, acting 

21 as trustee for the Hopi Tribe, by the settlement 

22 agreement, the LCR decree, and this Act. 

23 (3) EFFECT.—Notwithstanding paragraph (2), 

24 nothing in the settlement agreement or this Act has 


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1 the effect of recognizing or establishing any right of 

2 a member of the Hopi Tribe to water on Hopi land. 

3 (c) ALLOTTEES WATER CLAIMS.— 

4 (1) IN GENERAL.—Except as provided in the 

5 settlement agreement, the benefits realized by 

6 allottees under the settlement agreement and this 

7 Act shall be in complete replacement of and substi8 tution for, and full satisfaction of, all claims of 

9 allottees, and the United States, acting as trustee 

10 for allottees, for water rights, injury to water rights, 

11 and injury to water quality under Federal, State, or 

12 other law with respect to allotments. 

13 (2) SOURCE.—Except as provided in exhibit 

14 4.7.3 of the settlement agreement, any entitlement 

15 to water of allottees, or the United States, acting as 

16 trustee for allottees, for allotments shall be satisfied 

17 out of the water resources and other benefits grant18 ed, confirmed, or recognized to or for the Navajo 

19 Nation, the Hopi Tribe, and the United States, act20 ing as trustee for the Navajo Nation, the Hopi 

21 Tribe, and allottees, by the settlement agreement, 

22 the LCR decree, and this Act. 

23 (d) EXCEPTIONS.—Except as provided in section 

24 105, nothing in this Act affects any right to water of any 

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1 lottee for land outside of Navajo land, Hopi land, or allot2 ments. 

3 (e) NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT

4 OF 1996.— 

5 (1) WATER RIGHTS.—Except as expressly pro6 vided in the settlement agreement, the water rights 

7 of the Hopi Tribe on land acquired pursuant to the 

8 Navajo-Hopi Land Dispute Settlement Act of 1996 

9 (25 U.S.C. 640d note; Public Law 104–301), and 

10 the rights of the Hopi Tribe to object to surface 

11 water and groundwater uses on the basis of water 

12 rights associated with that land, shall be governed 

13 by that Act. 

14 (2) AMENDMENT.—Section 12 of the Navajo15 Hopi Land Dispute Settlement Act of 1996 (25 

16 U.S.C. 640d note; Public Law 104–301) is amend17 ed— 

18 (A) in subsection (a)(1)(C), by striking 

19 ‘‘beneficial use’’ and inserting ‘‘beneficial use of 

20 surface water’’; and 

21 (B) by striking subsection (e) and insert22 ing the following: 

23 ‘‘(e) PROHIBITION.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

25 water rights for newly acquired trust land shall not 


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1 be used, leased, sold, or transported for use off of 

2 that land or the other trust land of the Tribe, except 

3 that the Tribe may agree with other persons having 

4 junior water rights to subordinate the senior water 

5 rights of the Tribe. 

6 ‘‘(2) RESTRICTIONS.— 

7 ‘‘(A) IN GENERAL.—Water rights for 

8 newly acquired trust land shall only be used on 

9 that land or other trust land of the Tribe that 

10 is located within the same river basin tributary 

11 as the main stream of the Colorado River. 

12 ‘‘(B) TEMPORARY TRANSFER FOR USE

13 OFF-RESERVATION.—Notwithstanding any 

14 other provision of statutory or common law or 

15 subparagraph (A) and in accordance with sub16 paragraphs (C) through (J), on approval of the 

17 Secretary, the Hopi Tribe may enter into a 

18 service contract, lease, exchange, or other 

19 agreement providing for the temporary delivery, 

20 use, or transfer of not more than 10,000 acre21 feet per year of groundwater from newly ac22 quired trust land that is located within 20 miles 

23 of the municipal boundaries of Winslow, Ari24 zona, but is not within the Protection Areas (as 

25 that term is described in paragraph 3.1.119 of 


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1 the Navajo-Hopi Little Colorado River Water 

2 Rights Settlement Agreement) for use at— 

3 ‘‘(i) Hopi fee land that is located 

4 within 5 miles of the municipal boundaries 

5 of Winslow, Arizona; and 

6 ‘‘(ii) the City of Winslow, Arizona, for 

7 municipal use by the City of Winslow and 

8 the residents of that city, with the consent 

9 of the Hopi Tribe, as provided in para10 graph 5.3 and exhibit 5.3 of the Navajo11 Hopi Little Colorado River Water Rights 

12 Settlement Agreement. 

13 ‘‘(C) MAXIMUM TERM.— 

14 ‘‘(i) IN GENERAL.—The maximum 

15 term of any service contract, lease, ex16 change, or other agreement under subpara17 graph (B) (including all renewals of such 

18 an agreement) shall not exceed 99 years in 

19 duration. 

20 ‘‘(ii) ALIENATION.—The Hopi Tribe 

21 shall not permanently alienate any ground22 water transported off of newly acquired 

23 trust land pursuant to subparagraph (B). 

24 ‘‘(D) WEED AND DUST CONTROL.—The 

25 Tribe shall maintain newly acquired trust land 


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1 from which groundwater is or will be trans2 ported pursuant to subparagraph (B) free of 

3 noxious weeds and blowing dust that creates a 

4 threat to health or safety consistent with sec5 tion 45-546 of the Arizona Revised Statutes. 

6 ‘‘(E) DAMAGE TO SURROUNDING LAND OR

7 OTHER WATER USERS.— 

8 ‘‘(i) DAMAGES.—Any transportation 

9 of groundwater off of newly acquired trust 

10 land pursuant to subsection (B) shall be 

11 subject to payment of damages to the ex12 tent the groundwater withdrawals unrea13 sonably increase damage to surrounding 

14 land or other water users from the con15 centration of wells. 

16 ‘‘(ii) NO PRESUMPTION OF DAM17 AGE.—Neither injury to nor impairment of 

18 the water supply of any landowner shall be 

19 presumed from the fact of transportation 

20 of groundwater off of newly acquired trust 

21 land pursuant to subparagraph (B). 

22 ‘‘(iii) MITIGATION.—In determining 

23 whether there has been injury and the ex24 tent of any injury, the court shall consider 

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1 water toward the mitigation of injury, in2 cluding the retirement of land from irriga3 tion, discontinuance of other preexisting 

4 uses of groundwater, water conservation 

5 techniques, and procurement of additional 

6 sources of water that benefit the sub-basin 

7 or landowners within the sub-basin. 

8 ‘‘(iv) COURT FEES.—The court may 

9 award reasonable attorney fees, expert wit10 ness expenses and fees, and court costs to 

11 the prevailing party in litigation seeking 

12 damages for transporting groundwater off 

13 of newly acquired trust land pursuant to 

14 subparagraph (B). 

15 ‘‘(F) NO OBLIGATION.—The United States 

16 (in any capacity) shall have no trust or other 

17 obligation to monitor, administer, or account 

18 for, in any manner, groundwater delivered pur19 suant to subparagraph (B). 

20 ‘‘(G) LIABILITY.—The Secretary shall not 

21 be liable to the Hopi Tribe, the City of Wins22 low, Arizona, or any other person for any loss 

23 or other detriment resulting from an agreement 

24 entered into pursuant to subparagraph (B). 

25 ‘‘(H) APPLICABLE LAW.— 


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1 ‘‘(i) STATE LAW.—Any transportation 

2 or use of groundwater off of the newly ac3 quired trust land pursuant subparagraph 

4 (B) shall be subject to and consistent with 

5 all laws (including regulations) of the State 

6 that apply to the transportation and use of 

7 water, including all applicable permitting 

8 and reporting requirements. 

9 ‘‘(ii) PURCHASES OR GRANTS OF

10 LANDS FROM INDIANS.—Section 2116 of 

11 the Revised Statutes (25 U.S.C. 177) shall 

12 not apply to any groundwater transported 

13 off of newly acquired trust land pursuant 

14 to subparagraph (B). 

15 ‘‘(I) APPROVAL OF SECRETARY.—The Sec16 retary shall approve or disapprove any service 

17 contract, lease, exchange, or other agreement 

18 under subparagraph (B) submitted by the Hopi 

19 Tribe for approval within a reasonable period of 

20 time after submission, except that approval by 

21 the Secretary shall not be required for any 

22 groundwater lease under subparagraph (B) for 

23 less than 10 acre-feet per year with a term of 

24 less than 7 years, including renewals. 


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1 ‘‘(J) NO FORFEITURE OR ABANDON2 MENT.—The nonuse of groundwater of the 

3 Hopi Tribe from the newly acquired trust land 

4 pursuant to subparagraph (B) shall not result 

5 in a forfeiture, abandonment, relinquishment, 

6 or other loss of all or any part of applicable 

7 rights.’’. 

8 SEC. 107. AFTER-ACQUIRED TRUST LAND. 

9 (a) REQUIREMENT OF ACT OF CONGRESS.—Except 

10 as provided in section 11 of Public Law 93–531 (25 

11 U.S.C. 640d–10) and the Navajo-Hopi Land Dispute Set12 tlement Act of 1996 (25 U.S.C. 640d note; Public Law 

13 104–301), the Navajo Nation or the Hopi Tribe may only 

14 seek to have legal title to additional land in the State, lo15 cated outside the exterior boundaries of the land that is, 

16 on the date of enactment of this Act, in reservation status 

17 or held in trust for the benefit of the Navajo Nation or 

18 the Hopi Tribe, taken into trust by the United States for 

19 the benefit of the Navajo Nation or the Hopi Tribe, re20 spectively, pursuant to an Act of Congress enacted after 

21 the date of enactment of this Act. 

22 (b) WATER RIGHTS.—Any land taken into trust for 

23 the benefit of the Navajo Nation or the Hopi Tribe after 

24 the date of the enactment of this Act shall have only those 

25 rights to water provided under the settlement agreement, 


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1 the Navajo-Hopi Land Dispute Settlement Act of 1996 

2 (25 U.S.C. 640d note; Public Law 104–301), and this Act, 

3 unless provided otherwise in a subsequent Act of Con4 gress, as provided in subsection (a). 

5 (c) ACCEPTANCE OF LAND IN TRUST STATUS.— 

6 (1) MANDATORY TRUST ACQUISITION.—Not7 withstanding subsections (a) and (b), if the Navajo 

8 Nation or Hopi Tribe acquires legal fee title to land 

9 that is located within the exterior boundaries of the 

10 Navajo Reservation or the Hopi Reservation, respec11 tively, upon application by the Navajo Nation or the 

12 Hopi Tribe to take the land into trust, the Secretary 

13 shall accept the land into trust status for the benefit 

14 of the Navajo Nation or Hopi Tribe in accordance 

15 with applicable Federal law (including regulations). 

16 (2) RESERVATION STATUS.—Land taken or 

17 held in trust by the Secretary under paragraph (1) 

18 shall be part of the Navajo Reservation or the Hopi 

19 Reservation, respectively. 

20 SEC. 108. ENFORCEABILITY DATE. 

21 (a) LITTLE COLORADO RIVER AND GILA RIVER

22 WAIVERS.—The waivers and releases of claims described 

23 in section 105 shall take effect and be fully enforceable, 

24 and construction of the Navajo Groundwater Projects and 

25 the Hopi Groundwater Project may begin, on the date on 


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1 which the Secretary publishes in the Federal Register a 

2 statement of findings that— 

3 (1) to the extent that the settlement agreement 

4 conflicts with this Act, the settlement agreement has 

5 been revised through an amendment to eliminate the 

6 conflict and the revised settlement agreement has 

7 been executed by the Secretary, the Navajo Nation, 

8 the Hopi Tribe, the Governor of Arizona, and not 

9 less than 19 other parties; 

10 (2) the waivers and releases of claims described 

11 in section 105 have been executed by the Navajo Na12 tion, the Hopi Tribe, and the United States; 

13 (3) the State contributions described in sub14 sections (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 

15 104 have been made; 

16 (4) the full amount described in section 

17 104(a)(2)(A)(i), as adjusted by section 104(a)(2)(C), 

18 has been deposited in the Navajo Groundwater 

19 Projects Account; 

20 (5) the full amount described in section 

21 104(b)(2) has been deposited in the Navajo OM&R 

22 Trust Account; 

23 (6) the full amount described in section 

24 104(c)(2)(A)(i), as adjusted by section 104(c)(2)(C), 


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1 has been deposited in the Hopi Groundwater Project 

2 Account; 

3 (7) the full amount described in section 

4 104(d)(2) has been deposited in the Hopi OM&R 

5 Trust Account; 

6 (8) the full amount described in section 

7 104(e)(2)(A), as adjusted by section 104(e)(2)(B), 

8 has been deposited in the N-Aquifer Account and is 

9 available for use to implement the N-Aquifer Man10 agement Plan; 

11 (9) the full amount described in section 

12 104(f)(2)(A), as adjusted by section 104(f)(2)(B), 

13 has been deposited in the Pasture Canyon Springs 

14 Protection Program Account and is available for use 

15 to implement the Pasture Canyon Springs Protec16 tion Program; 

17 (10) the judgments and decrees in the LCR ad18 judication and the Gila River adjudication have been 

19 approved by the LCR adjudication court and the 

20 Gila River adjudication court substantially in the 

21 form of the judgments and decrees attached to the 

22 settlement agreement as exhibits 3.1.70 and 3.1.49, 

23 respectively; 

24 (11) a law has been enacted by the State sub25 stantially in the form of a State implementing law 


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1 attached to the settlement agreement as exhibit 

2 3.1.128 and the law remains effective; 

3 (12) the provisions of section 45–544 of the Ar4 izona Revised Statutes restricting the transporting 

5 of groundwater from the Little Colorado River Pla6 teau Groundwater Basin are in effect; 

7 (13) the Secretary has completed a record of 

8 decision approving construction of— 

9 (A) the Navajo Groundwater Projects in a 

10 configuration substantially similar to the con11 figuration described in section 103(a); and 

12 (B) the Hopi Groundwater Project, in a 

13 configuration substantially similar to the con14 figuration described in section 103(b); and 

15 (14) the Navajo Nation has moved for the dis16 missal with prejudice of the first, second, third, 

17 fourth, and fifth claims for relief contained in the 

18 complaint for declaratory and injunctive relief filed 

19 by the Navajo Nation on March 14, 2003, in the 

20 United States District Court for the District of Ari21 zona, as part of the case styled The Navajo Nation 

22 v. United States Department of the Interior (No. 

23 CV–03–0507–PCT–PGR), and has moved for the 

24 dismissal without prejudice of sixth claim for relief 

25 contained in the complaint, substantially in the form 


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1 of the dismissal attached to the settlement agree2 ment as exhibit 11.9. 

3 (b) FAILURE OF THE LITTLE COLORADO RIVER

4 WAIVERS.— 

5 (1) IN GENERAL.—If the Secretary does not 

6 publish in the Federal Register a statement of find7 ings under subsection (a) by October 31, 2022, this 

8 Act is repealed and any amounts— 

9 (A) appropriated under section 104, to10 gether with any investment earnings on those 

11 amounts, less any amounts expended under 

12 subsections (a)(9), (b)(9), and (c)(1) of section 

13 103, shall revert immediately to the general 

14 fund of the Treasury; 

15 (B) transferred pursuant to subsections 

16 (a)(2)(B)(i) and (c)(2)(B)(i) of section 104 to 

17 the Navajo Groundwater Projects Account and 

18 the Hopi Groundwater Project Account from 

19 the Future Indian Water Settlement Sub20 account of the Lower Colorado River Basin De21 velopment Fund established pursuant to section 

22 403(f)(2)(D)(vi) of the Colorado River Basin 

23 Project Act (43 U.S.C. 1543(f)(2)(D)(vi)), to24 gether with any investment earnings on those 

25 amounts, shall be returned immediately to the 


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1 Future Indian Water Settlement Subaccount of 

2 the Lower Colorado River Basin Development 

3 Fund; 

4 (C) transferred pursuant to section 

5 104(a)(2)(B)(ii) to the Navajo Groundwater 

6 Projects Account from the Reclamation Water 

7 Settlements Fund established by section 10501 

8 of the Omnibus Public Land Management Act 

9 of 2009 (43 U.S.C. 407), together with any in10 vestment earnings on those amounts, shall be 

11 returned immediately to the Reclamation Water 

12 Settlements Fund; and 

13 (D) transferred pursuant to subsections 

14 (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 to 

15 the Navajo Groundwater Projects Account and 

16 the Hopi Groundwater Project Account, to17 gether with any investment earnings on those 

18 amounts, shall be returned immediately to the 

19 State. 

20 (2) SEVERABILITY.—Notwithstanding para21 graph (1), if the Secretary does not publish in the 

22 Federal Register a statement of findings under sub23 section (a) by October 31, 2022, the designation 

24 under section 109(g) and the provisions of sections 


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1 205(a)(1), 205(a)(2)(B), 205(a)(3), 205(a)(4), 

2 205(a)(5), and 206 shall remain in effect. 

3 (c) RIGHT TO OFFSET.— 

4 (1) NAVAJO NATION.—If the Secretary has not 

5 published in the Federal Register the statement of 

6 findings under subsection (a) by October 31, 2022, 

7 the United States shall be entitled to offset any Fed8 eral amounts made available under subsections 

9 (a)(9) and (c)(1) of section 103 that were used or 

10 authorized for any use under those subsections 

11 against any claim asserted by the Navajo Nation 

12 against the United States described in section 

13 105(a)(2)(A). 

14 (2) HOPI TRIBE.—If the Secretary has not pub15 lished in the Federal Register the statement of find16 ing under subsection (a) by October 31, 2022, the 

17 United States shall be entitled to offset any Federal 

18 amounts made available under subsections (b)(9) 

19 and (c)(1) of section 103 that were used or author20 ized for any use under those subsections against any 

21 claim asserted by the Hopi Tribe against the United 

22 States described in section 105(b)(2)(A). 

23 SEC. 109. ADMINISTRATION. 

24 (a) SOVEREIGN IMMUNITY.—If any party to the set25 tlement agreement brings an action in any court of the 


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1 United States or any State court relating only and directly 

2 to the interpretation or enforcement of this Act or the set3 tlement agreement and names the United States, the Nav4 ajo Nation, or the Hopi Tribe as a party, or if any other 

5 landowner or water user in the Gila River or LCR basins 

6 in the State files a lawsuit relating only and directly to 

7 the interpretation or enforcement of paragraph 11.0 of the 

8 settlement agreement or section 105 of this Act, naming 

9 the United States, or the Navajo Nation or the Hopi Tribe 

10 as a party— 

11 (1) the United States, the Navajo Nation, or 

12 the Hopi Tribe may be joined in the action; and 

13 (2) any claim by the United States, the Navajo 

14 Nation, or the Hopi Tribe to sovereign immunity 

15 from the action is waived, but only for the limited 

16 and sole purpose of the interpretation or enforce17 ment of this Act or the settlement agreement. 

18 (b) NO QUANTIFICATION OR EFFECT ON RIGHTS OF

19 OTHER INDIAN TRIBES OR THE UNITED STATES ON BE20 HALF OF OTHER INDIAN TRIBES.— 

21 (1) IN GENERAL.—Except as provided in para22 graph 7.2 of the settlement agreement or in para23 graph (2), nothing in this Act— 

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1 ments to water of any Indian tribe, nation, 

2 band, or community, including the San Juan 

3 Southern Paiute Tribe, other than the Hopi 

4 Tribe and the Navajo Nation; or 

5 (B) shall affect the ability of the United 

6 States to take action on behalf of any Indian 

7 tribe, nation, band, or community, including the 

8 San Juan Southern Paiute Tribe, other than 

9 the Hopi Tribe, members of the Hopi Tribe, 

10 allottees of the Hopi Tribe, the Navajo Nation, 

11 members of the Navajo Nation, and allottees of 

12 the Navajo Nation. 

13 (c) ANTIDEFICIENCY.— 

14 (1) IN GENERAL.—The expenditure or advance 

15 of any money or the performance of any obligation 

16 by the United States, in any capacity, under this Act 

17 shall be contingent on the appropriation of funds. 

18 (2) LIABILITY.—The United States shall not be 

19 liable for the failure to carry out any obligation or 

20 activity authorized under this Act (including any ob21 ligation or activity under this Act) if Congress does 

22 not provide adequate appropriations expressly to 

23 carry out the purposes of this Act. 

24 (d) RECLAMATION REFORM ACT.—The Reclamation 

25 Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any 


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1 other acreage limitation or full-cost pricing provision of 

2 Federal law shall not apply to any person, entity, or tract 

3 of land solely on the basis of— 

4 (1) receipt of any benefit under this Act; 

5 (2) execution or performance of this Act; or 

6 (3) the use, storage, delivery, lease, or exchange 

7 of CAP water. 

8 (e) DISMISSAL OF PENDING NAVAJO NATION COURT

9 CASE.—Not later than 30 days after the date on which 

10 the settlement agreement is executed by the United 

11 States, the Navajo Nation shall execute and file a stipula12 tion and proposed order, substantially in the form at13 tached to the settlement agreement as exhibit 11.9 for— 

14 (1) the dismissal with prejudice of the first, sec15 ond, third, fourth, and fifth claims for relief con16 tained in the complaint for declaratory and injunc17 tive relief in the case styled Navajo Nation v. United 

18 States Department of the Interior, No. CV–03– 

19 0507–PCT–PGR (D. Ariz. March 14, 2003); and 

20 (2) the dismissal without prejudice of the sixth 

21 claim for relief contained in the complaint described 

22 in paragraph (1). 

23 (f) TOLLING OF STATUTES OF LIMITATIONS.—Any 

24 statute of limitations that may otherwise apply to, limit, 


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1 or bar the sixth claim for relief described in subsection 

2 (e)(2) shall be tolled as follows: 

3 (1) If a settlement of the claims by the Navajo 

4 Nation to Lower Colorado River water has been ap5 proved by an Act of Congress enacted on or before 

6 December 15, 2022, then any statute of limitations 

7 that may otherwise apply to, limit, or bar the sixth 

8 claim for relief shall be tolled until the Navajo Na9 tion waives the claims to Lower Colorado River 

10 water under the Act of Congress. 

11 (2) If a settlement of the claims of the Navajo 

12 Nation to Lower Colorado River water has not been 

13 approved by An act of Congress on or before Decem14 ber 15, 2022, then any statute of limitations that 

15 may otherwise apply to, limit, or bar the sixth claim 

16 for relief shall be tolled until December 15, 2022. 

17 (g) PETE SHUMWAY DAM & RESERVOIR.— 

18 (1) IN GENERAL.—The facility known as 

19 Schoens Lake, Schoens Dam, and Schoens Res20 ervoir, located on Show Low Creek in Navajo Coun21 ty, Arizona shall be known and designated as the 

22 ‘‘Pete Shumway Dam and Reservoir’’. 

23 (2) REFERENCES.—Any reference in a law, 

24 map, regulation, document, paper, or other record of 

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1 graph (1) shall be deemed to be a reference to the 

2 ‘‘Pete Shumway Dam and Reservoir’’. 

3 SEC. 110. ENVIRONMENTAL COMPLIANCE. 

4 (a) ENVIRONMENTAL COMPLIANCE.—In imple5 menting the settlement agreement and this Act, the Sec6 retary shall comply with all applicable Federal environ7 mental laws and regulations, including the National Envi8 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

9 and the Endangered Species Act of 1973 (16 U.S.C. 1531 

10 et seq.). 

11 (b) EXECUTION OF THE SETTLEMENT AGREE12 MENT.—Execution of the settlement agreement by the 

13 Secretary as provided in this Act shall not constitute a 

14 major Federal action under section 102 of the National 

15 Environmental Policy Act of 1969 (42 U.S.C. 4332). 

16 (c) LEAD AGENCY.—The Commissioner of the Bu17 reau of Reclamation shall be primarily responsible to en18 sure environmental compliance in carrying out this Act. 

19 (d) NO EFFECT ON ENFORCEMENT OF ENVIRON20 MENTAL LAWS.—Nothing in this Act precludes the United 

21 States, the Navajo Nation, or the Hopi Tribe, when dele22 gated regulatory authority, from enforcing Federal envi23 ronmental laws, including— 

24 (1) the Comprehensive Environmental Re25 sponse, Compensation, and Liability Act of 1980 (42 


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1 U.S.C. 9601 et seq.), including claims for damages 

2 for harm to natural resources; 

3 (2) the Safe Drinking Water Act (42 U.S.C. 

4 300f et seq.); 

5 (3) the Federal Water Pollution Control Act 

6 (33 U.S.C. 1251 et seq.); 

7 (4) the Solid Waste Disposal Act (42 U.S.C. 

8 6901 et seq.); or 

9 (5) any regulation implementing 1 or more of 

10 those Acts. 

11 TITLE II—CENTRAL ARIZONA 

12 PROJECT WATER 

13 SEC. 201. CONDITIONS FOR REALLOCATION OF CAP NIA 

14 PRIORITY WATER. 

15 (a) REALLOCATION.— 

16 (1) IN GENERAL.—The Secretary shall neither 

17 reallocate any CAP NIA priority water to the Nav18 ajo Nation under section 202(a) nor enter into a 

19 contract with the Navajo Nation for the delivery of 

20 that water under section 202(c) unless and until the 

21 Secretary has published in the Federal Register the 

22 statement of findings referred to in subsection (b) 

23 that all of the conditions described in paragraph (2) 

24 have been satisfied. 


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1 (2) CONDITIONS.—The conditions described in 

2 this paragraph are that— 

3 (A) the LCR enforceability date has oc4 curred; 

5 (B) the Navajo Nation and the Navajo 

6 project lessees, with the approval of the Sec7 retary, have executed an amendment to the 

8 Navajo Project Lease extending the term of the 

9 Navajo Project Lease through December 23, 

10 2044; 

11 (C) the Secretary, with the consent of the 

12 Navajo Nation, has issued or renewed to the 

13 Navajo project lessees, in a form acceptable to 

14 the Navajo project lessees, grants of Federal 

15 rights-of-way and easements pursuant to the 

16 first section of the Act of February 5, 1948 (25 

17 U.S.C. 323), for— 

18 (i) the land subject to the Navajo 

19 Project Lease and for the railroad-granted 

20 land, the terms of which shall extend 

21 through the term of the Navajo Project 

22 Lease, as amended; and 

23 (ii) the power transmission lines over 

24 and across land on the Navajo Reserva25 tion, the terms of which shall extend 


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1 through the term of the Navajo Project 

2 Lease, as amended, described as— 

3 (I) the grant entitled ‘‘Grant of 

4 Easement or Right of Way from the 

5 Bureau of Indian Affairs, Window 

6 Rock, Arizona, Grantor’’, dated Feb7 ruary 1971, for the construction, op8 eration, maintenance, replacement, 

9 and removal of the Navajo Project 

10 Southern Transmission System, with 

11 Map Nos. INH–96, sheets 1–4, 

12 B29036, dated May 28, 1970, marked 

13 as Exhibit B to that grant, and the 

14 complete centerline description shown 

15 on Exhibit A of that grant; 

16 (II) the grant entitled ‘‘Grant of 

17 Easement and Right-of-Way by the 

18 United States of America, Bureau of 

19 Indian Affairs, Department of the In20 terior, Window Rock, Arizona, Grant21 or’’, dated September 8, 1988, includ22 ing amendments to that grant, for the 

23 construction, operation, and mainte24 nance of the Navajo-McCullough 

25 Transmission Line, as shown on the 


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1 Map marked Exhibit B to that grant 

2 and more particularly described in the 

3 right-of-way description marked Ex4 hibit A to that grant; and 

5 (III) a right-of-way or permit for 

6 the Navajo Generating Station/West7 ern Area Power Administrative 

8 Intertie Transmission System, run9 ning from the Navajo Generating Sta10 tion switchyard approximately 200 

11 feet to the Western Area Power Ad12 ministration transmission line; 

13 (D) Peabody has leased coal in sufficient 

14 quantity and quality from the Navajo Nation, 

15 or the Navajo Nation and the Hopi Tribe, for 

16 the Navajo Generating Station to operate 

17 through the term of the Navajo Project Lease, 

18 as amended; 

19 (E) the surface coal mining permit, or a 

20 revision of that permit, has been issued by the 

21 Secretary, acting through the Office of Surface 

22 Mining, Reclamation and Enforcement, to Pea23 body authorizing the operation of the Kayenta 

24 mine and the mining of the quantities of coal 


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1 referred to in subparagraph (D) through the 

2 term of the Navajo Project Lease, as amended; 

3 (F) Peabody and the Navajo project les4 sees have entered into a coal supply contract for 

5 the purchase of the quantities and quality of 

6 coal referred to in subparagraph (D) that ex7 tends through the term of the Navajo Project 

8 Lease, as amended; 

9 (G) the term of the contract for water 

10 service among the Navajo project lessees and 

11 the Bureau of Reclamation for the consumptive 

12 use at the Navajo Generating Station of up to 

13 34,100 afy of upper basin water has been ex14 tended through the term of the Navajo Project 

15 Lease, as amended; and 

16 (H) the Secretary, acting through the Di17 rector of the National Park Service, has re18 issued or extended the right-of-way permit No. 

19 RW GLCA–06–002, issued on August 30, 

20 2006, through the term of the Navajo Project 

21 Lease, as amended. 

22 (b) PUBLICATION OF STATEMENT OF FINDINGS.— 

23 Upon satisfaction of all of the conditions described in sub24 section (a)(2), the Secretary shall publish in the Federal 


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1 Register a statement of findings that each of the condi2 tions has been met. 

3 (c) TIMING OF REALLOCATION.—Upon publication in 

4 the Federal Register of the statement of findings referred 

5 to in subsection (b), the Secretary shall reallocate to the 

6 Navajo Nation the CAP NIA priority water in accordance 

7 with section 202(a) and enter into a contract with the 

8 Navajo Nation for the delivery of that water in accordance 

9 with section 202(c), through the Navajo-Gallup water sup10 ply project in accordance with this Act. 

11 (d) FAILURE TO PUBLISH NOTICE.—If the Secretary 

12 fails to publish a statement of findings in the Federal Reg13 ister under subsection (b) by October 31, 2022— 

14 (1) the authority provided under this section 

15 and section 202 shall terminate; and 

16 (2) this section and section 202, 203, 204, 

17 205(a)(2)(A), and 205(b) shall be of no further 

18 force or effect. 

19 SEC. 202. REALLOCATION OF CAP NIA PRIORITY WATER, 

20 FIRMING, WATER DELIVERY CONTRACT. 

21 (a) REALLOCATION TO THE NAVAJO NATION.— 

22 (1) IN GENERAL.—On the date on which the 

23 Secretary publishes in the Federal Register the 

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1 retary shall reallocate to the Navajo Nation the Nav2 ajo Nation CAP water. 

3 (2) AVAILABILITY AND USE.—The water reallo4 cated under paragraph (1) shall be available for di5 version and use from the San Juan River pursuant 

6 to and consistent with section 10603(b)(2)(D) of the 

7 Omnibus Public Land Management Act of 2009 

8 (Public Law 111–11; 123 Stat. 1383) (as amended 

9 by section 205). 

10 (b) FIRMING.— 

11 (1) NAVAJO NATION CAP WATER.—The Navajo 

12 Nation CAP water shall be firmed as follows: 

13 (A) In accordance with section 

14 105(b)(1)(B) of the Arizona Water Settlements 

15 Act (Public Law 108–451; 118 Stat. 3492), the 

16 Secretary shall firm 50 percent of the Navajo 

17 Nation CAP water to the equivalent of CAP 

18 M&I priority water for the period of 100 years 

19 beginning on January 1, 2008. 

20 (B) In accordance with section 

21 105(b)(2)(B) of the Arizona Water Settlements 

22 Act (Public Law 108–451; 118 Stat. 3492), the 

23 State shall firm 50 percent of the Navajo Na24 tion CAP water to the equivalent of CAP M&I 


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1 priority water for the period of 100 years begin2 ning on January 1, 2008. 

3 (2) ADDITIONAL FIRMING.—The Navajo Nation 

4 may, at the expense of the Navajo Nation, take ad5 ditional actions to firm or supplement the Navajo 

6 Nation CAP water, including by entering into agree7 ments for that purpose with the Central Arizona 

8 Water Conservation District, the Arizona Water 

9 Banking Authority, or any other lawful authority, in 

10 accordance with State law. 

11 (c) NAVAJO NATION WATER DELIVERY CON12 TRACT.— 

13 (1) CONTRACT.— 

14 (A) IN GENERAL.—The Secretary shall 

15 enter into the Navajo Nation water delivery 

16 contract, in accordance with the settlement 

17 agreement, which shall meet, at a minimum, 

18 the requirements described in subparagraph 

19 (B). 

20 (B) REQUIREMENTS.—The requirements 

21 described in this subparagraph are as follows: 

22 (i) AUTHORIZATION.—The contract 

23 entered into under subparagraph (A) shall 

24 be for permanent service (as that term is 

25 used in section 5 of the Boulder Canyon 


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1 Project Act (43 U.S.C. 617d)), and shall 

2 be without limit as to term. 

3 (ii) NAVAJO NATION CAP WATER.— 

4 (I) IN GENERAL.—The Navajo 

5 Nation CAP water may be delivered 

6 through the Navajo-Gallup water sup7 ply project for use in the State. 

8 (II) METHOD OF DELIVERY.— 

9 Subject to the physical availability of 

10 water from the San Juan River and to 

11 the rights of the Navajo Nation to use 

12 that water, deliveries under this 

13 clause shall be effected by the diver14 sion and use of water from the San 

15 Juan River pursuant to section 10603 

16 of the Omnibus Public Land Manage17 ment Act of 2009 (Public Law 111– 

18 11; 123 Stat. 1382) (as amended by 

19 section 205). 

20 (iii) CONTRACTUAL DELIVERY.—The 

21 Secretary shall deliver the Navajo Nation 

22 CAP water to the Navajo Nation in ac23 cordance with the terms and conditions of 

24 the Navajo Nation water delivery contract. 


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1 (iv) CURTAILMENT.—Except to the 

2 extent that the Navajo Nation CAP water 

3 is firmed by the United States and the 

4 State under subsection (b)(1) or is other5 wise firmed by the Navajo Nation, deliv6 eries of the Navajo Nation CAP water 

7 shall be subject to curtailment in that— 

8 (I) deliveries of the Navajo Na9 tion CAP water effected by the diver10 sion of water from the San Juan 

11 River shall be curtailed during short12 ages of CAP NIA priority water to 

13 the same extent as other CAP NIA 

14 priority water supplies; and 

15 (II) the extent of that curtail16 ment shall be determined in accord17 ance with clause (xvi). 

18 (v) LEASES AND EXCHANGES OF NAV19 AJO NATION CAP WATER.—On and after 

20 the date on which the Navajo Nation water 

21 delivery contract becomes effective, the 

22 Navajo Nation may, with the approval of 

23 the Secretary, enter into contracts to lease, 

24 options to lease, exchange, or options to 

25 exchange the Navajo Nation CAP water 


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1 within Apache, Cochise, Coconino, Gila, 

2 Graham, Maricopa, Navajo, Pima, Pinal, 

3 Santa Cruz, and Yavapai Counties, Ari4 zona, providing for the temporary delivery 

5 to other persons of any portion of Navajo 

6 Nation CAP water. 

7 (vi) TERM OF LEASES AND EX8 CHANGES.— 

9 (I) LEASING.—Contracts to lease 

10 and options to lease under clause (v) 

11 shall be for a term not to exceed 100 

12 years. 

13 (II) EXCHANGING.—Contracts to 

14 exchange or options to exchange 

15 under clause (v) shall be for the term 

16 provided for in each such contract or 

17 option. 

18 (III) RENEGOTIATION.—The 

19 Navajo Nation may, with the approval 

20 of the Secretary, renegotiate any lease 

21 described in clause (v), at any time 

22 during the term of the lease, if the 

23 term of the renegotiated lease does 

24 not exceed 100 years. 


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1 (vii) PROHIBITION ON PERMANENT

2 ALIENATION.—No Navajo Nation CAP 

3 water may be permanently alienated. 

4 (viii) NO FIRMING OF LEASED

5 WATER.—The firming obligations described 

6 in subsection (b)(1) shall not apply to any 

7 Navajo Nation CAP water leased by the 

8 Navajo Nation to other persons. 

9 (ix) ENTITLEMENT TO LEASE AND

10 EXCHANGE FUNDS.— 

11 (I) IN GENERAL.—Only the Nav12 ajo Nation, and not the United States 

13 in any capacity, shall be entitled to all 

14 consideration due to the Navajo Na15 tion under any contracts to lease, op16 tions to lease, contracts to exchange, 

17 or options to exchange the Navajo Na18 tion CAP water entered into by the 

19 Navajo Nation. 

20 (II) OBLIGATIONS OF UNITED

21 STATES.—The United States in any 

22 capacity shall have no trust or other 

23 obligation to monitor, administer, or 

24 account for, in any manner, any funds 

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1 sideration under any contracts to 

2 lease, options to lease, contracts ex3 change, or options to exchange the 

4 Navajo Nation CAP water entered 

5 into by the Navajo Nation, except in 

6 a case in which the Navajo Nation de7 posits the proceeds of any such lease, 

8 option to lease, exchange, or option to 

9 exchange into an account held in trust 

10 for the Navajo Nation by the United 

11 States. 

12 (x) WATER USE ON NAVAJO LAND.— 

13 (I) IN GENERAL.—Except as au14 thorized by clause (v), the Navajo Na15 tion CAP water may only be used 

16 on— 

17 (aa) the Navajo Reservation; 

18 (bb) land held in trust by 

19 the United States for the benefit 

20 of the Navajo Nation; or 

21 (cc) land owned by the Nav22 ajo Nation in fee that is located 

23 within the State. 

24 (II) STORAGE.—The Navajo Na25 tion may store the Navajo Nation 


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1 CAP water at underground storage 

2 facilities or groundwater savings fa3 cilities located within the CAP system 

4 service area, consisting of Pima, 

5 Pinal, and Maricopa Counties, in ac6 cordance with State law. 

7 (III) ASSIGNMENT.—The Navajo 

8 Nation may assign any long-term 

9 storage credits accrued as a result of 

10 storage under subclause (II) in ac11 cordance with State law. 

12 (xi) NO USE OUTSIDE ARIZONA.— 

13 (I) IN GENERAL.—No Navajo 

14 Nation CAP water may be used, 

15 leased, exchanged, forborne, or other16 wise transferred by the Navajo Nation 

17 for use directly or indirectly outside of 

18 the State. 

19 (II) AGREEMENTS.—Nothing in 

20 this Act or the settlement agreement 

21 limits the right of the Navajo Nation 

22 to enter into any agreement with the 

23 Arizona Water Banking Authority, or 

24 any successor agency or entity, in ac25 cordance with State law. 


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1 (xii) CAP FIXED OM&R CHARGES.— 

2 (I) IN GENERAL.—The CAP op3 erating agency shall be paid the CAP 

4 fixed OM&R charges associated with 

5 the delivery of all the Navajo Nation 

6 CAP water. 

7 (II) PAYMENT OF CHARGES.— 

8 Except as provided in clause (xiii), all 

9 CAP fixed OM&R charges associated 

10 with the delivery of the Navajo Nation 

11 CAP water to the Navajo Nation shall 

12 be paid by— 

13 (aa) the Secretary, pursuant 

14 to section 403(f)(2)(A) of the 

15 Colorado River Basin Project Act 

16 (43 U.S.C. 1543(f)(2)(A)), as 

17 long as funds for that payment 

18 are available in the Lower Colo19 rado River Basin Development 

20 Fund; and 

21 (bb) if those funds become 

22 unavailable, the Navajo Nation. 

23 (xiii) LESSEE RESPONSIBILITY FOR

24 CHARGES.— 


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1 (I) IN GENERAL.—Any lease or 

2 option to lease providing for the tem3 porary delivery to other persons of 

4 any Navajo Nation CAP water shall 

5 require the lessee to pay the CAP op6 erating agency all CAP fixed OM&R 

7 charges and all CAP pumping energy 

8 charges associated with the delivery of 

9 the leased water. 

10 (II) NO RESPONSIBILITY FOR

11 PAYMENT.—Neither the Navajo Na12 tion nor the United States in any ca13 pacity shall be responsible for the pay14 ment of any charges associated with 

15 the delivery of the Navajo Nation 

16 CAP water leased to other persons. 

17 (xiv) ADVANCE PAYMENT.—No Nav18 ajo Nation CAP water shall be delivered 

19 unless the CAP fixed OM&R charges and 

20 the CAP pumping energy charges associ21 ated with the delivery of that water have 

22 been paid in advance. 

23 (xv) CALCULATION.—The charges for 

24 delivery of the Navajo Nation CAP water 

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1 ery contract shall be calculated in accord2 ance with the CAP repayment stipulation. 

3 (xvi) SHORTAGES OF NAVAJO NATION

4 CAP WATER.—If, for any year, the avail5 able CAP supply is insufficient to meet all 

6 demands under CAP contracts for the de7 livery of CAP NIA priority water, the Sec8 retary and the CAP operating agency shall 

9 prorate the available CAP NIA priority 

10 water among the CAP contractors holding 

11 contractual entitlements to CAP NIA pri12 ority water on the basis of the quantity of 

13 CAP NIA priority water used by each such 

14 CAP contractor in the last year for which 

15 the available CAP supply was sufficient to 

16 fill all orders for CAP NIA priority water. 

17 (xvii) CAP REPAYMENT.—For purpose 

18 of determining the allocation and repay19 ment of costs of any stages of the CAP 

20 constructed after November 21, 2007, the 

21 costs associated with the delivery of the 

22 Navajo Nation CAP water, regardless of 

23 whether the Navajo Nation CAP water is 

24 delivered for use by the Navajo Nation or 

25 in accordance with any lease, option to 


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1 lease, exchange, or option to exchange pro2 viding for the delivery to other persons of 

3 the Navajo Nation CAP water, shall be— 

4 (I) nonreimbursable; and 

5 (II) excluded from the repayment 

6 obligation of the Central Arizona 

7 Water Conservation District. 

8 (xviii) NONREIMBURSABLE CAP CON9 STRUCTION COSTS.— 

10 (I) IN GENERAL.—With respect 

11 to the costs associated with the con12 struction of the CAP system allocable 

13 to the Navajo Nation— 

14 (aa) the costs shall be non15 reimbursable; and 

16 (bb) the Navajo Nation shall 

17 have no repayment obligation for 

18 the costs. 

19 (II) CAPITAL CHARGES.—No 

20 CAP water service capital charges 

21 shall be due or payable for the Navajo 

22 Nation CAP water, regardless of 

23 whether the water is delivered for use 

24 by the Navajo Nation or is delivered 

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1 change, or option to exchange the 

2 Navajo Nation CAP water entered 

3 into by the Navajo Nation. 

4 SEC. 203. COLORADO RIVER ACCOUNTING. 

5 (a) ACCOUNTING FOR THE TYPE OF WATER DELIV6 ERED.—All deliveries of the Navajo Nation CAP water ef7 fected by the diversion of water from the San Juan River 

8 shall be accounted for as deliveries of CAP water. 

9 (b) ACCOUNTING FOR AS LOWER BASIN USE IN ARI10 ZONA REGARDLESS OF PLACE OF USE OR POINT OF DI11 VERSION.—All Navajo Nation CAP water delivered to and 

12 consumptively used by the Navajo Nation or lessees of the 

13 Navajo Nation pursuant to the settlement agreement and 

14 this Act shall be— 

15 (1) accounted for as if the use had occurred in 

16 the lower basin, regardless of the point of diversion 

17 or place of use; 

18 (2) credited as water reaching Lee Ferry pursu19 ant to articles III(c) and III(d) of the Colorado 

20 River Compact; 

21 (3) charged against the consumptive use appor22 tionment made to the lower basin by article III(a) 

23 of the Colorado River Compact; and 

24 (4) accounted for as part of and charged 

25 against the 2,800,000 afy of Colorado River water 


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1 apportioned to Arizona in article II(B)(1) of the de2 cree. 

3 (c) LIMITATIONS.— 

4 (1) IN GENERAL.—Notwithstanding subsections 

5 (a) and (b) and subject to paragraphs (2) and (3), 

6 no water diverted by the Navajo-Gallup water supply 

7 project shall be accounted for as provided in sub8 sections (a) and (b) until such time as the Secretary 

9 has developed and, as necessary, modified, in con10 sultation with the Upper Colorado River Commission 

11 and the representatives of Governors on Colorado 

12 River Operations from each of the respective State 

13 signatories to the Colorado River Compact, all oper14 ational and decisional criteria, policies, contracts, 

15 guidelines, or other documents that control the oper16 ations of the Colorado River system reservoirs and 

17 diversion works, so as to adjust, account for, and 

18 offset the diversion of water apportioned to the 

19 State, pursuant to the Boulder Canyon Project Act 

20 (43 U.S.C. 617 et seq.), from a point of diversion 

21 on the San Juan River in New Mexico. 

22 (2) MODIFICATIONS.—All modifications under 

23 paragraph (1) shall be— 

24 (A) consistent with section 10603(c)(2)(A) 

25 of the Omnibus Public Land Management Act 


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1 of 2009 (Public Law 111–11; 123 Stat. 1384) 

2 and this Act; and 

3 (B) applicable only for the duration of any 

4 diversion described in paragraph (1) pursuant 

5 to section 10603(c)(2)(B) of the Omnibus Pub6 lic Land Management Act of 2009 (Public Law 

7 111–11; 123 Stat. 1384) and this Act. 

8 (3) ADMINISTRATION.—Article II(B) of the de9 cree shall be administered so that diversions from 

10 the mainstream of the Colorado River for the Cen11 tral Arizona Project, as served under existing con12 tracts with the United States by diversion works 

13 constructed before the date of enactment of this Act, 

14 shall be limited and reduced to offset any diversions 

15 of CAP water made pursuant to section 

16 10603(c)(2)(B) of the Omnibus Public Land Man17 agement Act of 2009 (Public Law 111–11; 123 Stat. 

18 1384) and this Act. 

19 (4) EFFECT OF SUBSECTION.—This subsection 

20 shall not— 

21 (A) affect, in any manner, the quantity of 

22 water apportioned to the State pursuant to the 

23 Boulder Canyon Project Act (43 U.S.C. 617 et 

24 seq.) and the decree; or 


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1 (B) amend any provision of the decree or 

2 the Colorado River Basin Project Act (43 

3 U.S.C. 1501 et seq.). 

4 SEC. 204. NO MODIFICATION OF EXISTING LAWS. 

5 (a) NO MODIFICATION OR PREEMPTION OF OTHER

6 LAWS.—Unless expressly provided in this Act, nothing in 

7 this Act modifies, conflicts with, preempts, or otherwise 

8 affects— 

9 (1) the Boulder Canyon Project Act (43 U.S.C. 

10 617 et seq.); 

11 (2) the Boulder Canyon Project Adjustment Act 

12 (43 U.S.C. 618 et seq.); 

13 (3) the Act of April 11, 1956 (commonly known 

14 as the ‘‘Colorado River Storage Project Act’’) (43 

15 U.S.C. 620 et seq.); 

16 (4) the Colorado River Basin Project Act (43 

17 U.S.C. 1501 et seq.); 

18 (5) the Treaty between the United States of 

19 America and Mexico respecting utilization of waters 

20 of the Colorado and Tijuana Rivers and of the Rio 

21 Grande, signed at Washington on February 3, 1944 

22 (59 Stat. 1219); 

23 (6) the Colorado River Compact; 

24 (7) the Upper Colorado River Basin Compact; 

25 or 


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1 (8) the Omnibus Public Land Management Act 

2 of 2009 (Public Law 111–11; 123 Stat. 991). 

3 (b) NO PRECEDENT.—Nothing in this Act— 

4 (1) authorizes or establishes a precedent for 

5 any type of transfer of Colorado River system water 

6 between the upper basin and the lower basin; or 

7 (2) expands the authority of the Secretary in 

8 the upper basin. 

9 (c) PRESERVATION OF EXISTING RIGHTS.— 

10 (1) IN GENERAL.—Rights to the consumptive 

11 use of water available to the upper basin from the 

12 Colorado River system under the Colorado River 

13 Compact and the Upper Colorado River Basin Com14 pact shall not be reduced or prejudiced by any use 

15 of water pursuant to section 10603(c) of the Omni16 bus Public Land Management Act of 2009 (Public 

17 Law 111–11; 123 Stat. 1384) or this Act. 

18 (2) NO EFFECT ON DUTIES AND POWERS.— 

19 Nothing in this Act impairs, conflicts with, or other20 wise changes the duties and powers of the Upper 

21 Colorado River Commission. 

22 (d) UNIQUE SITUATION.—Diversions through the 

23 Navajo-Gallup water supply project consistent with this 

24 Act address critical tribal and non-Indian water supply 

25 needs under unique circumstances, including— 


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1 (1) the intent to benefit Indian tribes in the 

2 United States; 

3 (2) the location of the Navajo Nation in both 

4 the upper basin and the lower basin; 

5 (3) the intent to address critical Indian and 

6 non-Indian water needs in the State; and 

7 (4) the lack of other reasonable options avail8 able for developing a firm, sustainable supply of mu9 nicipal water for the Navajo Nation in the State. 

10 (e) EFFICIENT USE.—The diversions and uses au11 thorized for the Navajo-Gallup water supply project under 

12 this Act represent unique and efficient uses of Colorado 

13 River apportionments in a manner that Congress has de14 termined would be consistent with the obligations of the 

15 United States to the Navajo Nation. 

16 SEC. 205. AMENDMENTS. 

17 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND

18 MANAGEMENT ACT OF 2009.— 

19 (1) DEFINITIONS.—Section 10302 of the Omni20 bus Public Land Management Act of 2009 (43 

21 U.S.C. 407 note; Public Law 111–11) is amended— 

22 (A) in paragraph (2), by striking 

23 ‘‘Arrellano’’ and inserting ‘‘Arellano’’; and 

24 (B) in paragraph (27), by striking ‘‘75– 

25 185’’ and inserting ‘‘75–184’’. 


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1 (2) DELIVERY AND USE OF NAVAJO-GALLUP

2 WATER SUPPLY PROJECT WATER.—Section 10603(c) 

3 of the Omnibus Public Land Management Act of 

4 2009 (Public Law 111–11; 123 Stat. 1384) is 

5 amended— 

6 (A) in paragraph (1)(A), by striking 

7 ‘‘Lower Basin and’’ and inserting ‘‘Lower 

8 Basin or’’; and 

9 (B) in paragraph (2)(A)— 

10 (i) in clause (i), by striking ‘‘Article 

11 III(c)’’ and inserting ‘‘Articles III(c)’’; and 

12 (ii) in clause (ii)(II), by striking ‘‘Ar13 ticle III(c)’’ and inserting ‘‘Articles III(c)’’. 

14 (3) PROJECT CONTRACTS.—Section 10604(f)(1) 

15 of the Omnibus Public Land Management Act of 

16 2009 (Public Law 111–11; 123 Stat. 1391) is 

17 amended by inserting ‘‘Project’’ before ‘‘water.’’ 

18 (4) AUTHORIZATION OF APPROPRIATIONS.— 

19 Section 10609 of the Omnibus Public Land Manage20 ment Act of 2009 (Public Law 111–11; 123 Stat. 

21 1395) is amended— 

22 (A) in paragraphs (1) and (2) of sub23 section (b), by striking ‘‘construction or reha24 bilitation’’ each place it appears and inserting 


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1 ‘‘planning, design, construction, rehabilita2 tion,’’; 

3 (B) in subsection (e)(1), by striking ‘‘2 

4 percent’’ and inserting ‘‘4 percent’’; and 

5 (C) in subsection (f)(1), by striking ‘‘4 

6 percent’’ and inserting ‘‘2 percent’’. 

7 (5) AGREEMENT.—Section 10701(e) of the Om8 nibus Public Land Management Act of 2009 (Public 

9 Law 111–11; 123 Stat. 1400) is amended in para10 graphs (2)(A), (2)(B), and (3)(A) by striking ‘‘and 

11 Contract’’ each place it appears. 

12 (b) AMENDMENTS TO THE ARIZONA WATER SETTLE13 MENTS ACT OF 2004.—Section 104(a)(1)(B)(ii) of the Ar14 izona Water Settlements Act of 2004 (Public Law 108– 

15 451; 118 Stat. 3487) is amended in the first sentence by 

16 striking ‘‘claims to water in Arizona’’ and inserting 

17 ‘‘claims to the Little Colorado River in Arizona.’’ 

18 (c) EFFECTIVE DATES.—The amendments made by 

19 subsections (a)(2)(A) and (b) take effect on the date of 

20 publication in the Federal Register of the statement of 

21 findings described in section 201(b). 


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1 SEC. 206. RETENTION OF LOWER COLORADO RIVER WATER 

2 FOR FUTURE LOWER COLORADO RIVER SET3 TLEMENT. 

4 (a) RETENTION OF CAP NIA PRIORITY WATER.— 

5 Notwithstanding section 104(a)(1)(B)(i) of the Arizona 

6 Water Settlements Act (Public Law 108–451; 118 Stat. 

7 3487), the Secretary shall retain until January 1, 2031— 

8 (1) 22,589 afy of the CAP NIA priority water 

9 referred to in section 104(a)(1)(A)(iii) of that Act 

10 (Public Law 108–451; 118 Stat. 3487) for use in a 

11 future settlement of the claims of the Navajo Nation 

12 to Lower Colorado River water; and 

13 (2) 1,000 afy of the CAP NIA priority water 

14 referred to in section 104(a)(1)(A)(iii) of that Act 

15 (Public Law 108–451; 118 Stat. 3487) for use in a 

16 future settlement of the claims of the Hopi Tribe to 

17 Lower Colorado River water. 

18 (b) RETENTION OF FOURTH PRIORITY MAINSTREAM

19 COLORADO RIVER WATER.—The Secretary shall retain— 

20 (1) 2,000 afy of the 3,500 afy of uncontracted 

21 Arizona fourth priority Colorado River water re22 ferred to in section 11.3 of the Arizona Water Set23 tlement Agreement, among the Director of the Ari24 zona Department of Water Resources, the Central 

25 Arizona Water Conservation District, and the Sec26 retary, dated August 16, 2004, for use in a future 


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1 settlement of the claims of the Navajo Nation to 

2 Lower Colorado River water; and 

3 (2) 1,500 afy of the 3,500 afy of uncontracted 

4 Arizona fourth priority Colorado River water re5 ferred to in subparagraph 11.3 of the Arizona Water 

6 Settlement Agreement, among the Director of the 

7 Arizona Department of Water Resources, the Cen8 tral Arizona Water Conservation District, and the 

9 Secretary, dated August 16, 2004, for use in a fu10 ture settlement of the claims of the Hopi Tribe to 

11 Lower Colorado River water. 

12 (c) CONDITIONS.— 

13 (1) NAVAJO NATION.—If Congress does not ap14 prove a settlement of the claims of the Navajo Na15 tion to Lower Colorado River water by January 1, 

16 2031, the 22,589 afy of CAP NIA priority water re17 ferred to in subsection (a)(1) shall be available to 

18 the Secretary under section 104(a)(1)(B)(i) of the 

19 Arizona Water Settlements Act (Public Law 108– 

20 451; 118 Stat. 3487). 

21 (2) HOPI TRIBE.—If Congress does not approve 

22 a settlement of the claims of the Hopi Tribe to 

23 Lower Colorado River water by January 1, 2031, 

24 the 1,000 afy of CAP NIA priority water referred to 

25 in subsection (a)(2) shall be available to the SecVerDate Mar 15 2010 22:27 Feb 14, 2012 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S2109.IS S2109

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1 retary under section 104(a)(1)(B)(i) of the Arizona 

2 Water Settlements Act (Public Law 108–451; 118 

3 Stat. 3487). 

4 (3) WATER RETAINED FOR THE NAVAJO NA5 TION.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the fourth priority Colorado 

8 River water retained for the Navajo Nation 

9 under subsection (b)(1) shall not be allocated, 

10 nor shall any contract be issued under the 

11 Boulder Canyon Project Act (42 U.S.C. 617 et 

12 seq.) for the use of the water, until a final In13 dian water rights settlement for the Navajo Na14 tion has been approved by Congress, resolving 

15 the claims of the Navajo Nation to Lower Colo16 rado River water within the State. 

17 (B) ADJUDICATION OF NAVAJO NATION

18 CLAIMS.— 

19 (i) IN GENERAL.—Except as provided 

20 in paragraph (1) and subparagraph (C), if 

21 the claims of the Navajo Nation to Lower 

22 Colorado River water are fully and finally 

23 adjudicated through litigation without a 

24 settlement of those claims, the 22,589 afy 

25 of CAP NIA priority water referred to in 


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1 subsection (a)(1) and the 2,000 afy of 

2 fourth priority Colorado River water re3 ferred to in subsection (b)(1)— 

4 (I) shall no longer be retained as 

5 provided in those subsections; but 

6 (II) shall be used to satisfy, in 

7 whole or in part, any rights of the 

8 Navajo Nation to Lower Colorado 

9 River water determined through that 

10 litigation. 

11 (ii) MANNER AND EXTENT OF DIS12 TRIBUTION.— 

13 (I) IN GENERAL.—Notwith14 standing the last sentence of section 

15 104(a)(1)(B)(i) of the Arizona Water 

16 Settlements Act (Public Law 108– 

17 451; 118 Stat. 3487), the manner and 

18 extent to which the water described in 

19 clause (i) shall be used to satisfy any 

20 rights of the Navajo Nation shall be 

21 determined by the court in the litiga22 tion. 

23 (II) CAP NIA PRIORITY

24 WATER.—To the extent that any of 

25 the CAP NIA priority water is not 


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•S 2109 IS

1 needed to satisfy any rights of the 

2 Navajo Nation described in clause (i), 

3 the water shall be available to the 

4 Secretary under section 

5 104(a)(1)(B)(i) of the Arizona Water 

6 Settlements Act (Public Law 108– 

7 451; 118 Stat. 3487). 

8 (III) FOURTH PRIORITY COLO9 RADO RIVER WATER.—To the extent 

10 that any of the fourth priority Colo11 rado River water is not needed to sat12 isfy any rights of the Navajo Nation 

13 described in clause (i), the water shall 

14 be retained by the Secretary for uses 

15 relating to Indian water right settle16 ments in the State. 

17 (C) TERMINATION OF RETENTION OF CAP

18 WATER.— 

19 (i) IN GENERAL.—If the Navajo Na20 tion files an action against the United 

21 States regarding the claims of the Navajo 

22 Nation to Lower Colorado River water or 

23 the operation of the Lower Colorado River 

24 after the Navajo Nation dismisses the 

25 court case described in section 109(e) and 


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1 before January 1, 2031, the Secretary 

2 may, prior to any judicial determination of 

3 the claims asserted in the action, terminate 

4 the retention of the 22,589 afy of CAP 

5 NIA priority water described in subsection 

6 (a)(1). 

7 (ii) REQUIREMENTS FOLLOWING TER8 MINATION.—If the Secretary terminates 

9 the retention of the 22,589 afy of CAP 

10 NIA priority water under this subsection, 

11 the Secretary shall— 

12 (I) promptly give written notice 

13 of that action to the Navajo Nation 

14 and the Arizona Department of Water 

15 Resources; and 

16 (II) use the 22,589 afy of CAP 

17 NIA priority water as provided in sec18 tion 104(a)(1)(B)(i) of the Arizona 

19 Water Settlements Act (Public Law 

20 108–451; 118 Stat. 3487). 

21 (4) WATER RETAINED FOR HOPI TRIBE.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the fourth priority Colorado 

24 River water retained for the Hopi Tribe under 

25 subsection (b)(2) shall not be allocated, nor 


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1 shall any contract be issued under the Boulder 

2 Canyon Project Act (43 U.S.C. 617 et seq.) for 

3 the use of the water, until a final Indian water 

4 rights settlement for the Hopi Tribe and the 

5 Navajo Nation has been approved by Congress, 

6 resolving the claims of the Hopi Tribe and the 

7 Navajo Nation to Lower Colorado River water 

8 within the State. 

9 (B) ADJUDICATION OF HOPI TRIBE

10 CLAIMS.— 

11 (i) IN GENERAL.—Except as provided 

12 in paragraph (1) and subparagraph (C), if 

13 the claims of the Hopi Tribe to the Lower 

14 Colorado River are fully and finally adju15 dicated through litigation without a settle16 ment of those claims, the 1,000 afy of 

17 CAP NIA priority water referred to in sub18 section (a)(2) and the 1,500 afy of fourth 

19 priority Colorado River water referred to 

20 in subsection (b)(2)— 

21 (I) shall no longer be retained as 

22 provided in those subsections; but 

23 (II) shall be used to satisfy, in 

24 whole or in part, any rights of the 

25 Hopi Tribe to Lower Colorado River 


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1 water determined through that litiga2 tion. 

3 (ii) MANNER AND EXTENT OF DIS4 TRIBUTION OF WATER.— 

5 (I) IN GENERAL.—Notwith6 standing the last sentence of section 

7 104(a)(1)(B)(i) of the Arizona Water 

8 Settlements Act (Public Law 108– 

9 451; 118 Stat. 3487), the manner and 

10 extent to which the water described in 

11 clause (i) shall be used to satisfy any 

12 rights of the Hopi Tribe shall be de13 termined by the court in the litigation. 

14 (II) CAP NIA PRIORITY

15 WATER.—To the extent that any of 

16 the CAP NIA priority water is not 

17 needed to satisfy any rights of the 

18 Hopi Tribe described in clause (i), 

19 that water shall be available to the 

20 Secretary under section 

21 104(A)(1)(B)(i) of the Arizona Water 

22 Settlements Act (Public Law 108– 

23 451; 118 Stat. 3487). 

24 (III) FOURTH PRIORITY COLO25 RADO RIVER WATER.—To the extent 


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•S 2109 IS

1 that any of the fourth priority Colo2 rado River water is not needed to sat3 isfy any rights of the Hopi Tribe de4 scribed in clause (i), that water shall 

5 be retained by the Secretary for uses 

6 relating to Indian water right settle7 ments in the State. 

8 (C) TERMINATION OF RETENTION OF CAP

9 WATER.— 

10 (i) IN GENERAL.—If the Hopi Tribe 

11 files an action against the United States 

12 regarding the claims of the Hopi Tribe to 

13 Lower Colorado River water or the oper14 ation of the Lower Colorado River before 

15 January 1, 2031, the Secretary may, prior 

16 to any judicial determination of those 

17 claims, terminate the retention of the 

18 1,000 afy of CAP NIA priority water de19 scribed in subsection (a)(2). 

20 (ii) REQUIREMENTS FOLLOWING TER21 MINATION.—If the Secretary terminates 

22 the retention of the 1,000 afy of CAP NIA 

23 priority water under this subparagraph, 

24 the Secretary shall— 


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1 (I) promptly give written notice 

2 of that action to the Hopi Tribe and 

3 the Arizona Department of Water Re4 sources; and 

5 (II) use the 1,000 afy of CAP 

6 NIA priority water as provided in sec7 tion 104(A)(1)(B)(i) of the Arizona 

8 Water Settlements Act (Public Law 

9 108–451; 118 Stat. 3487). 

10 (5) EFFECT OF SECTION.—Nothing in this sec11 tion determines, confirms, or limits the validity or 

12 extent of the claims of the Navajo Nation and the 

13 Hopi Tribe to Lower Colorado River water. 

14 SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR FEA15 SIBILITY STUDY. 

16 There is authorized to be appropriated to complete 

17 the feasibility investigations of the Western Navajo Pipe18 line component of the North Central Arizona Water Sup19 ply Study $3,300,000. 

Æ 


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