II

106TH CONGRESS

2D SESSION S. 3231

To provide for adjustments to the Central Arizona Project in Arizona, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 24 (legislative day, SEPTEMBER 22), 2000

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To provide for adjustments to the Central Arizona Project

in Arizona, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Arizona Water Settlements Act of 2000’’.

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

7 the Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CENTRAL ARIZONA PROJECT ADJUSTMENT ACT OF 2000

Sec. 101. Short title.

Sec. 102. Findings.
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Sec. 103. Definitions.

Sec. 104. General provisions.

Sec. 105. Allocation of CAP water.

Sec. 106. Firming of CAP indian water.

Sec. 107. Acquisition of non-indian agricultural priority CAP water.

Sec. 108. Lower Colorado River basin development fund.

TITLE II—GILA RIVER INDIAN COMMUNITY WATER RIGHTS

SETTLEMENT ACT OF 2000

Sec. 201. Short title.

Sec. 202. Findings and purposes.

Sec. 203. Definitions.

Sec. 204. Approval of the Gila River Indian Community Water Rights Settlement Agreement.

Sec. 205. Rights to water.

Sec. 206. Community water delivery contract amendments.

Sec. 207. Claims extinguishment: waivers and releases.

Sec. 208. Community trust funds.

Sec. 209. Community subsidence recovery trust account.

Sec. 210. Authorization of appropriations.

Sec. 211. After acquired trust lands.

Sec. 212. Miscellaneous provisions.

Sec. 213. Additional Upper Gila Valley issues.

TITLE III—SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

AMENDMENTS

Sec. 301. Amendment to Southern Arizona Water Rights Settlement Act of

1982.

‘‘TITLE III—SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

AMENDMENTS

‘‘Sec. 301. Short title.

‘‘Sec. 302. Congressional findings.

‘‘Sec. 303. Definitions.

‘‘Sec. 304. Water delivery and construction obligations.

‘‘Sec. 305. Deliveries under existing contract; alternative water supplies.

‘‘Sec. 306. Additional water delivery.

‘‘Sec. 307. Conditions on construction, water delivery, revenue sharing.

‘‘Sec. 308. Water code; water management plan; storage projects; storage

accounts; ground water.

‘‘Sec. 309. Status of lands acquired in exchange for lands within the Gila

Bend Indian Reservation.

‘‘Sec. 310. Uses of water.

‘‘Sec. 311. Expenditures from the trust fund of the Nation.

‘‘Sec. 312. Cooperative fund; expenditures.

‘‘Sec. 313. Contracting authority; environmental compliance; water quality;

studies; arid lands assistance.

‘‘Sec. 314. Authorization of appropriations.

‘‘Sec. 315. Settlement of claims.

‘‘Sec. 316. Nonreimbursable costs.

‘‘Sec. 317. Effective date.’’

TITLE IV—SAN CARLOS APACHE TRIBE WATER RIGHTS

SETTLEMENT ACT OF 2000
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Sec. 401. Short title.

TITLE V—ENFORCEMENT AND EFFECTIVE DATE

Sec. 501. Effective date of authorization of appropriations.

Sec. 502. Expiration of effective date.

1 TITLE I—CENTRAL ARIZONA

2 PROJECT ADJUSTMENT ACT

3 OF 2000

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Central Arizona

6 Project Adjustment Act of 2000.’’

7 SEC. 102. FINDINGS.

8 The Congress finds the following:

9 (1) The Central Arizona Project, and the water

10 that it brings to Maricopa, Pinal and Pima Counties

11 in Arizona, are vital resources to Arizona’s citizens.

12 (2) An agreement on final allocations of Central

13 Arizona Project water among all interested stake14 holders, including both Federal and State interests,

15 will provide important benefits to the Federal Gov16 ernment, the State of Arizona, and all of Arizona’s

17 citizens.

18 SEC. 103. DEFINITIONS.

19 In this title:

20 (1) ACRE-FEET.—The term ‘‘acre-feet’’ means

21 acre-feet per year.

22 (2) ARIZONA INDIAN TRIBES.—The term ‘‘Ari23 zona Indian Tribes’’ means any Indian tribe, band,
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1 nation, or other organized group or community that

2 is recognized as eligible for the special programs and

3 services provided by the United States to Indians be4 cause of their status as Indians that is located in the

5 State of Arizona.

6 (3) CENTRAL ARIZONA PROJECT.—The terms

7 ‘‘Central Arizona Project’’ and ‘‘CAP’’ mean the

8 reclamation project authorized and constructed by

9 the United States pursuant to title III of the Colo10 rado River Basin Project Act (43 U.S.C. 1501 et

11 seq.).

12 (4) CAP MASTER REPAYMENT CONTRACT.—The

13 term ‘‘CAP Master Repayment Contract’’ means the

14 Contract between the United States and the Central

15 Arizona Water Conservation District for Delivery of

16 Water and Repayment of Costs of the Central Ari17 zona Project, dated December 1, 1988 (Contract No.

18 14–06–W–245, Amendment No. 1), and any amend19 ment or revision thereof.

20 (5) CAWCD.—The term ‘‘CAWCD’’ means the

21 Central Arizona Water Conservation District (a po22 litical subdivision of the State of Arizona and a tax23 levying public improvement district organized under

24 the laws of the State of Arizona), or its successor,

25 which is the contractor under a contract with the
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1 United States, dated December 15, 1972, for the de2 livery of water and repayment of costs of the Central

3 Arizona Project.

4 (6) DIRECTOR.—The term ‘‘Director’’ means

5 the Director of the Arizona Department of Water

6 Resources.

7 (7) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 (8) STIPULATION.—The term ‘‘Stipulation’’

10 means the Stipulation Regarding A Stay of Litiga11 tion, Resolution of Issues During the Stay and for

12 Ultimate Judgment Upon the Satisfaction of Condi13 tions as filed with the United States District Court

14 on May 3, 2000, in Central Arizona Water Con15 servation District v. United States (No. CIV 95–

16 625–TUC–WDB (EHC), No. CIV 95–1720–PHX–

17 EHC) (Consolidated Action)).

18 SEC. 104. GENERAL PROVISIONS.

19 (a) GENERAL RULE OF CONSTRUCTION.—Except

20 with respect to the allocation of CAP water made in this

21 title, nothing in this title shall be construed to supersede

22 or otherwise affect any treaty, law, or agreement gov23 erning the use of water from the Colorado River or exist24 ing rights to use Colorado River water.
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1 (b) REFERENCES.—Any references in this title to the

2 Arizona Department of Water Resources or the CAWCD

3 shall not be construed to limit the authority of the Gov4 ernor of Arizona or the Arizona State legislature to des5 ignate the appropriate State official or agency for actions

6 to be undertaken under this title.

7 (c) REPEAL.—Effective upon the entry of a final

8 judgment in Central Arizona Water Conservation District

9 v. United States (No. CIV 95–625–TUC–WDB (EHC),

10 No. CIV 95–1720–09–PHX–EHC) (Consolidated Ac11 tion)), consistent with the Order entered in that action

12 on May 9, 2000, section 11(h) of the Salt River Pima13 Maricopa Indian Community Water Rights Settlement Act

14 of 1988 (Public Law 100–512) is repealed.

15 (d) GENERAL PERMISSIBLE USES.—The Central Ari16 zona Project may be used for the transport of non-project

17 water for domestic, municipal, fish and wildlife, industrial,

18 and other beneficial purposes, including any purpose au19 thorized under the Central Arizona Project in accordance

20 with the CAP Master Repayment Contract.

21 (e) REPAYMENT OBLIGATION.—The Secretary is au22 thorized to establish the repayment obligation for CAWCD

23 as set forth in the Stipulation.
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1 SEC. 105. ALLOCATION OF CAP WATER.

2 (a) NON-INDIAN AGRICULTURAL PRIORITY

3 WATER.—The Secretary shall reallocate and contract the

4 293,795 acre-feet of CAP non-Indian agricultural priority

5 water acquired pursuant to section 107 in the following

6 manner:

7 (1) 197,500 acre-feet of such water shall, while

8 retaining its non-Indian agricultural priority, be allo9 cated for use by Arizona Indian Tribes, and with re10 spect to such water the Secretary shall allocate and

11 contract—

12 (A) 102,000 acre-feet of such water to the

13 Gila River Indian Community;

14 (B) 28,200 acre-feet of such water to the

15 Tohono O’odham Nation; and

16 (C) the residual amount of 67,300 acre17 feet of such water to Arizona Indian Tribes

18 subject to the following:

19 (i) Such water shall be used to resolve

20 Indian water claims, and may be allocated

21 by the Secretary to Arizona Indian Tribes

22 in fulfillment of future Indian water rights

23 settlement agreements approved by an Act

24 of Congress. In the absence of an Indian

25 water rights settlement that is approved by

26 an Act of Congress after the date of enact-
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1 ment of this Act, the Secretary shall not

2 allocate any such water during the 15-year

3 period beginning on the date of enactment

4 of this Act. Any allocations made by the

5 Secretary after such 15-year period shall

6 be accompanied by a certification that the

7 Secretary is making the allocation in order

8 to assist in the resolution of an Indian

9 water right claim. Any such water allo10 cated to an Arizona Indian Tribe pursuant

11 to a water delivery contract with the Sec12 retary under this clause shall be counted

13 on an acre-foot per acre-foot basis against

14 any claim to water for that Tribe’s res15 ervation.

16 (ii) Any water allocated to any Ari17 zona Indian Tribe pursuant to this sub18 paragraph shall not, in the absence of Con19 gressional authorization, be leased, ex20 changed, forborne, or otherwise transferred

21 in any way by the Tribe for use directly or

22 indirectly off the Tribe’s reservation or

23 outside of the State of Arizona.

24 (iii) None of the water allocated to

25 any Arizona Indian Tribe pursuant to this
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1 section shall be leased, exchanged, or oth2 erwise transferred in any way for use di3 rectly or indirectly outside of the State of

4 Arizona.

5 (2) 96,295 acre-feet of such water shall be allo6 cated to the Arizona Department of Water Re7 sources to be held under contract in trust for future

8 allocation. Such water shall retain its non-Indian ag9 ricultural priority and shall be subject to the provi10 sions of the escrow agreement ratified and confirmed

11 under section 407(a), including certain rights pro12 vided to Pinal County water users under such agree13 ment. The Secretary shall execute appropriate docu14 mentation, including allocation decisions and a trust

15 contract, to memorialize the allocation of such water

16 under this paragraph. Such contract shall not au17 thorize the direct use of water by the Arizona De18 partment of Water Resources. With respect to the

19 water allocated under this paragraph, the following

20 shall apply:

21 (A) The Secretary shall not re-allocate any

22 water allocated under this paragraph unless the

23 Director of the Arizona Department of Water

24 Resources first makes a recommendation for

25 such an allocation. Upon such recommendation,
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1 the Secretary shall implement such rec2 ommendation, pursuant to applicable Federal

3 law. The Secretary shall commence all nec4 essary reviews of the proposed allocation under

5 applicable Federal law, and pursue that review

6 until completion.

7 (B) In the event that any recommendation

8 made pursuant to subparagraph (A) is rejected,

9 the Secretary shall immediately upon such re10 jection request a revised recommendation from

11 the Director of the Arizona Department of

12 Water Resources and shall re-commence all nec13 essary reviews of the proposed allocation under

14 applicable Federal law.

15 (b) UNCONTRACTED CAP MUNICIPAL AND INDUS16 TRIAL PRIORITY WATER.—

17 (1) IN GENERAL.—The Secretary shall reallo18 cate and contract 65,647 acre-feet of, as of the date

19 of enactment of this Act, uncontracted CAP munic20 ipal and industrial priority water in the following

21 manner:

22 (A) 285 acre-feet of such water shall be al23 located to the Town of Superior, Arizona.

24 (B) 806 acre-feet of such water shall be al25 located to the Cave Creek Water Company.
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1 (C) 1,931 acre-feet of such water shall be

2 allocated to the Chaparral Water Company.

3 (D) 508 acre-feet of such water shall be al4 located to the Town of El Mirage, Arizona.

5 (E) 7,211 acre-feet of such water shall be

6 allocated to the City of Goodyear, Arizona.

7 (F) 147 acre-feet of such water shall be al8 located to the H2O Water Company.

9 (G) 7,115 acre-feet of such water shall be

10 allocated to the City of Mesa, Arizona.

11 (H) 5,527 acre-feet of such water shall be

12 allocated to the City of Peoria, Arizona.

13 (I) 2,981 acre-feet of such water shall be

14 allocated to the City of Scottsdale, Arizona.

15 (J) 808 acre-feet of such water shall be al16 located to the AVRA Cooperative.

17 (K) 4,986 acre-feet of such water shall be

18 allocated to the City of Chandler, Arizona.

19 (L) 1,071 acre-feet of such water shall be

20 allocated to the Del Lago (Vail) Water Com21 pany.

22 (M) 3,053 acre-feet of such water shall be

23 allocated to the City of Glendale, Arizona.
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1 (N) 1,521 acre-feet of such water shall be

2 allocated to the Community Water Company of

3 Green Valley, Arizona.

4 (O) 4,602 acre-feet of such water shall be

5 allocated to the Metropolitan Domestic Water

6 Improvement District.

7 (P) 3,557 acre-feet of such water shall be

8 allocated to the Town of Oro Valley, Arizona.

9 (Q) 8,206 acre-feet of such water shall be

10 allocated to the City of Phoenix, Arizona.

11 (R) 2,876 acre-feet of such water shall be

12 allocated to the City of Surprise, Arizona.

13 (S) 8,206 acre-feet of such water shall be

14 allocated to the City of Tucson, Arizona.

15 (T) 250 acre-feet of such water shall be al16 located to the Valley Utilities Water Company.

17 (2) DOCUMENTATION.—The Secretary shall

18 execute appropriate documentation, including alloca19 tion decisions and water delivery contracts, to me20 morialize the allocation of water under paragraph

21 (1) to the individual municipal and industrial users

22 immediately following the date of enactment of this

23 title and upon the satisfaction of all applicable provi24 sions of Federal law, including environmental re25 views required under applicable Federal law.
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1 (3) RECOMMENDATIONS.—In the event that

2 any of the recommendations of the Director of the

3 Arizona Department of Water Resources for specific

4 allocations set forth in paragraph is rejected by the

5 Secretary, the Secretary shall proceed with all other

6 allocations and contracts, and immediately request a

7 revised recommendation from the Director for the

8 specific allocation rejected. Upon receipt of such a

9 request, the Secretary shall re-commence all nec10 essary reviews of the proposed allocation under ap11 plicable Federal law.

12 (4) SHORTAGE SHARING PRIORITY.—Shortage

13 sharing priority of CAP municipal and industrial

14 priority water allocations under this subsection shall

15 be as established in paragraph 8.5 of the Agreement

16 referred to in title II.

17 (c) TOTAL AMOUNTS ALLOCATED.—

18 (1) FEDERAL USE.—After the allocations have

19 been made under subsections (a) and (b), the re20 maining amount of CAP water shall be available to

21 be allocated to Arizona Indian Tribes, or to the Sec22 retary for use in future Indian water rights settle23 ments. Such amount shall, for purposes of para24 graph (2) by designated as ‘‘[x]’’ acre feet.
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1 (2) NON-FEDERAL USE.—The amount of CAP

2 water available for long-term contracts to municipal

3 and industrial entities, the Arizona Department of

4 Water Resources, and non-Indian agricultural users

5 under subsections (a) and (b) shall be equal to 1.415

6 less [x] acre-feet, which shall be the total amount

7 available for non-Federal use.

8 (3) LIMITATION.—The allocations under this

9 section shall preclude the transfer of CAP water

10 from a non-Federal use to a Federal use, but shall

11 not prohibit the transfer of CAP water from one

12 non-Federal user to another non-Federal user.

13 (4) RULE OF CONSTRUCTION.—Nothing in this

14 subsection shall be construed to prohibit the leasing

15 of CAP water pursuant to an Indian water rights

16 settlement from an Arizona Indian Tribe to a non17 Federal user. Any such transfer shall be subject to

18 the approval of the Secretary who shall consult with

19 the Director of the Arizona Department of Water

20 Resources.

21 (5) CONSULTATION.—The requirement for con22 sultation with the Director under paragraph (4)

23 shall not apply to any transfer by Arizona Indian

24 Tribes. An exchange of CAP water is not a transfer

25 within the meaning of this subsection.
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1 (d) LONG-TERM CONTRACTS.—The total amount of

2 water from the CAP that shall be available for long-term

3 contracts with the Secretary shall not exceed 1,415,000

4 acre-feet in the State of Arizona.

5 (e) AMENDMENTS BY SECRETARY.—Notwithstanding

6 the limitations of section 6 of the Act of August 4, 1939

7 (commonly known as the Reclamation Project Act of 1939

8 (43 U.S.C. 485e)) and subsections (b)(2) and (b)(3) of

9 section 304 of the Colorado River Basin Project Act (43

10 U.S.C. 1524(b)(2) and (3)), the Secretary shall offer

11 amendments to all CAP municipal and industrial

12 subcontracts—

13 (1) to provide that such subcontract be for per14 manent service (as such term is used in section 5 of

15 the Boulder Canyon Project Act of 1928 (43 U.S.C.

16 617d)), with a delivery term of 100 years;

17 (2) to conform to the shortage sharing criteria

18 set forth in paragraph 8.5 of the Agreement referred

19 to in title II; and

20 (3) to delete the provisions of such subcontracts

21 that require that any CAP water received by a city

22 in exchange for effluent shall be deducted from that

23 city’s CAP contractual entitlement.

24 All remaining terms of such municipal and industrial sub25 contracts shall remain unchanged.
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1 SEC. 106. FIRMING OF CAP INDIAN WATER.

2 (a) FIRMING PROGRAM.—The Secretary and the

3 State of Arizona shall develop a firming program to ensure

4 that 60,648 acre-feet of the 197,500 acre-feet of non-In5 dian agricultural priority water to be allocated by the Sec6 retary to Arizona Indian Tribes under section 105(a)(1),

7 will be delivered in times of shortage as if such water were

8 municipal and industrial priority water within the CAP

9 system. Such firming program shall remain in effect for

10 the 100-year period beginning on the date of enactment

11 of this Act.

12 (b) LEVELS OF COOPERATION.—

13 (1) IN GENERAL.—The Secretary and the State

14 of Arizona may enter into an agreement to—

15 (A) cooperate in implementing the firming

16 program under subsection (a); or

17 (B) separately fulfill the obligations of

18 each respective official under the such program.

19 (2) ASSIGNED RESPONSIBILITIES.—Notwith20 standing an agreement under paragraph (1), the fol21 lowing shall apply with respect to the responsibility

22 of the Secretary and the State of Arizona certain

23 costs and firming burdens:

24 (A) The Secretary shall be responsible for

25 firming the 28,200 acre-feet of non-Indian agri-
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1 cultural priority water allocated to the Tohono

2 O’odham Nation under section 105.

3 (B) The State of Arizona shall be respon4 sible for firming 15,000 acre-feet of the

5 102,000 acre-feet of non-Indian agricultural

6 priority water allocated to the Gila River Indian

7 Community under section 105.

8 (C) The Secretary shall be responsible for

9 firming 8,724 acre-feet of the 67,300 acre-feet

10 of non-Indian agricultural priority water re11 tained by the Secretary under section 105 for

12 allocation to Arizona Indian Tribes.

13 (D) The State of Arizona shall be respon14 sible for firming 8,724 acre-feet of the 67,300

15 acre-feet of non-Indian agricultural priority

16 water retained by the Secretary under section

17 105 for allocation to Arizona Indian Tribes.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated, such sums as may be nec20 essary to enable the Secretary to comply with the obliga21 tions imposed under this section.

22 SEC. 107. ACQUISITION OF NON-INDIAN AGRICULTURAL

23 PRIORITY CAP WATER.

24 (a) RATIFICATION OF AGREEMENT.—The agreement

25 entitled ‘‘Escrow Agreement for the Acquisition and Allo-
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1 cation of Central Arizona Water’’ and executed by the Sec2 retary on lllllll is hereby ratified and con3 firmed.

4 (b) DEBT.—In accordance with the terms of the

5 agreement described in subsection (a), the portion of the

6 debt incurred under section 9(d) of the Act of August 4,

7 1939 (commonly known as the Reclamation Project Act

8 of 1939 (43 U.S.C. 485h)), and identified in that Agree9 ment to be declared non-repayable to the United States,

10 is hereby declared to be non-repayable to the United

11 States in an amount not to exceed $73,561,337.

12 (c) NONAPPLICATION OF PROVISIONS.—All lands

13 within the Gila River Indian Reservation, Salt River

14 Project Agricultural Improvement and Power District,

15 Roosevelt Water Conservation District, San Carlos Irriga16 tion and Drainage District, Maricopa Stanfield Irrigation

17 & Drainage District, Roosevelt Irrigation District, Central

18 Arizona Irrigation and Drainage District, Maricopa Water

19 District, Hohokam Irrigation and Drainage District, New

20 Magma Irrigation and Drainage District, Queen Creek Ir21 rigation District, San Tan Irrigation District and Chan22 dler Heights Citrus Irrigation District, and any other such

23 lands as may become part of such districts or Reservation

24 after the date of enactment of this Act, shall be free from

25 the ownership and full cost pricing limitations of Federal
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1 reclamation law and from all full cost pricing provisions

2 of Federal law.

3 (d) DISCLAIMER.—No person, entity, or land shall

4 become subject to the provisions of the Reclamation Re5 form Act of 1982 (43 U.S.C. 390aa et seq.), or any full

6 cost pricing provision of Federal law, by virtue of the par7 ticipation of such person, entity, or land in the settlement,

8 or the execution and performance of the Agreement or the

9 use, storage, or delivery of CAP water pursuant to a lease,

10 sublease, or exchange of water to which Arizona Indian

11 Tribes are entitled under this Act.

12 SEC. 108. LOWER COLORADO RIVER BASIN DEVELOPMENT

13 FUND.

14 (a) IN GENERAL.—Section 403(f) of the Colorado

15 River Basin Project Act (43 U.S.C. 1543(f)) is amended

16 to read as follows:

17 ‘‘(f)(1) Moneys credited to the development fund pur18 suant to subsection (b) and clauses (1) and (3) of sub19 section (c), and the portion of revenues derived from the

20 sale of power and energy for use in Arizona pursuant to

21 clause (2) of subsection (c) in excess of the amount nec22 essary to meet the requirements of clauses (1) and (2)

23 of subsection (d), shall be credited annually against the

24 annual payment owed by the Central Arizona Water Con-
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1 servation District to the United States for the Central Ari2 zona Project.

3 ‘‘(2) After being credited in accordance with clause

4 (1), moneys credited to the development fund pursuant to

5 subsection (b) and clauses (1) and (3) of subsection (c),

6 and the portion of revenues derived from the sale of power

7 and energy for use in Arizona pursuant to clause (2) of

8 subsection (c) in excess of the amount necessary to meet

9 the requirements of clauses (1) and (2) of subsection (d),

10 shall be available without further appropriation for, in

11 order of priority—

12 ‘‘(A) fixed operation, maintenance and replace13 ment charges associated with the delivery of Central

14 Arizona Project water under long-term contracts

15 held by Arizona Indian Tribes (as defined in section

16 103(2) of the Central Arizona Project Adjustment

17 Act of 2000);

18 ‘‘(B) payment to the Gila River Indian Commu19 nity Settlement Development Trust Fund, estab20 lished pursuant to section 208 of the Gila River In21 dian Community Water Rights Settlement Act of

22 2000, which payments shall, in the aggregate, total

23 $200,000,000;
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1 ‘‘(C) in addition to funds made available

2 through annual appropriations, and without regard

3 to any particular priority—

4 ‘‘(i) costs associated with the construction

5 of Gila River Indian Community Central Ari6 zona Project distribution systems under Con7 tract No. 6–07–03–W0345 between the United

8 States and the Community dated May 4, 1998;

9 ‘‘(ii) costs associated with the construction

10 of distribution systems required to implement

11 the provisions of section 3707(a)(1) of the San

12 Carlos Apache Tribe Water Rights Settlement

13 Act of 1992 (106 Stat. 4740);

14 ‘‘(iii) costs associated with the construction

15 of distribution systems required to implement

16 the provisions of 303(a)(1) and (2) of the

17 Southern Arizona Water Rights Settlement Act

18 of 1982 (96 Stat. 1279);

19 ‘‘(iv) costs authorized by Congress (includ20 ing any costs to construct distribution systems,

21 but not including costs otherwise payable by

22 non-Federal, non-Indian parties) pursuant to

23 future Arizona Indian water rights settlement

24 Acts; and
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1 ‘‘(v) other costs authorized pursuant to

2 Gila River Indian Community Water Rights

3 Settlement Act of 2000 or the Southern Ari4 zona Water Rights Settlement Amendments Act

5 of 2000;

6 ‘‘(D) in addition to funds made available

7 through annual appropriations Acts, costs associated

8 with the construction of on-reservation Central Ari9 zona Project distribution systems for the Yavapai

10 Apache (Camp Verde), Tohono O’odham Nation (Sif

11 Oidak District), Pascua Yaqui, and Tonto Apache

12 tribes or for cash payments to such tribes as pro13 vided for in paragraph 8(d)(i)(1)(iv) of the Stipula14 tion (as defined in section 103(8) of the Central Ari15 zona Project Adjustment Act of 2000), except that

16 in the event of a water rights settlement Act author17 izing such construction in the case of any of the

18 tribes described in this subparagraph, the provisions

19 of subparagraph (C) of this clause shall apply to

20 such tribe or tribes; and

21 ‘‘(E) payment to the general fund of the Treas22 ury.

23 ‘‘(3) Any moneys credited to the development fund

24 pursuant to subsection (b) and clauses (1) and (3) of sub25 section (c), and the portion of revenues derived from the
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1 sale of power and energy for use in Arizona pursuant to

2 clause (2) of subsection (c) that are in excess of the

3 amount necessary to meet the requirements of clauses (1)

4 and (2) of subsection (d) and that are in excess of the

5 amount credited annually under clause (1), shall be avail6 able without further appropriation for, in order of priority:

7 ‘‘(A) fixed operation, maintenance and replace8 ment charges associated with the delivery of Central

9 Arizona Project water under long-term contracts

10 held by Arizona Indian Tribes (as defined for pur11 poses of paragraph (2));

12 ‘‘(B) the final remaining year’s annual payment

13 for the costs of each unit of the projects or separable

14 feature thereof authorized pursuant to title III that

15 are repayable by the Central Arizona Water Con16 servation District;

17 ‘‘(C) repayment to the Treasury of fixed oper18 ation, maintenance and replacement costs previously

19 paid pursuant to clause (2)(A);

20 ‘‘(D) repayment to the Treasury of costs associ21 ated with any Indian water rights settlement pre22 viously paid pursuant to clause (2)(B), 2(C) or

23 (2)(D);

24 ‘‘(E) payment to the Treasury of any annual

25 installment on any Central Arizona Project-related
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1 debt under section 9(d) of the Act of August 4,

2 1939 (referred to as the Reclamation Project Act of

3 1939 (43 U.S.C. 485h(d))) assumed by the United

4 States pursuant to section 107(b) of the Central Ar5 izona Project Adjustment Act of 2000;

6 ‘‘(F) payment to the Treasury of the difference

7 between the costs of each unit of the projects or sep8 arable features thereof authorized pursuant to title

9 III that are repayable by the Central Arizona Water

10 Conservation District and the result of any Central

11 Arizona Project cost allocation undertaken by the

12 United States; and

13 ‘‘(G) payment to the general fund of the Treas14 ury.’’

15 (b) COMPLIANCE WITH BIOLOGICAL ORDERS.—

16 There is authorized to be appropriated—

17 (1) funds necessary to comply with Biological

18 Opinion Number 2–21–90–F–119 relating to the

19 Transportation and Delivery of Central Arizona

20 Project Water to the Gila River Basin dated April

21 15, 1994, including any funding transfers required

22 by such opinion, and all such funds shall be treated

23 as construction costs; and

24 (2) funds necessary to comply with any final

25 Biological Opinion resulting from the draft Biologi-
25

•S 3231 IS

1 cal Opinion Number 2–21–91–F–706 dated May

2 1999 dealing with the Impacts of the Central Ari3 zona Project to Gila Topminnow in the Santa Cruz

4 River Basin through introduction and Spread of

5 Nonnative Aquatic Species including any funding

6 transfers required by such opinion, and all such ex7 pended funds shall be treated as construction costs.

8 (c) NAVAJO POWER MARKETING PLAN.—The Sec9 retary shall amend the Navajo Power Marketing Plan con10 sistent with the provisions of paragraph 8(c) of the Stipu11 lation.

12 (d) TERMINATION.—If a final judgment is not en13 tered in Central Arizona Water Conservation District v.

14 United States (No. CIV–95–625–TUC–WDB (EHC), No.

15 CIV 95–1720–PHX–EHC (Consolidated)), in accordance

16 with the Stipulation, the authority granted under section

17 403(f)(2) and 403(f)(3) of the Colorado River Basin

18 Project Act (as amended by subsection (a)) shall be termi19 nated and have no force or effect.

20 TITLE II—GILA RIVER INDIAN

21 COMMUNITY WATER RIGHTS

22 SETTLEMENT ACT OF 2000

23 SEC. 201. SHORT TITLE.

24 This title may be cited as the ‘‘Gila River Indian

25 Community Water Rights Settlement Act of 2000’’.
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•S 3231 IS

1 SEC. 202. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds and declares that—

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

4 keeping its trust responsibility to Indian tribes, to

5 promote Indian self-determination and economic

6 self-sufficiency, and to settle, wherever possible, In7 dian water rights claims without lengthy and costly

8 litigation;

9 (2) meaningful Indian self-determination and

10 economic self-sufficiency largely depend on the devel11 opment of a viable Indian reservation economy;

12 (3) the quantification of rights to water and de13 velopment of facilities needed to utilize tribal water

14 supplies in an effective manner is essential to the de15 velopment of viable reservation economies, particu16 larly in arid western States;

17 (4) the United States obtained certain water

18 entitlements pursuant to the Globe Equity Decree of

19 1935 for use on the reservation, however, continued

20 uncertainty as to the full extent of the Community’s

21 entitlement to water has severely limited its access

22 to water and financial resources necessary to develop

23 its valuable agricultural lands and frustrated its ef24 fort to achieve meaningful self-determination and

25 self-sufficiency;
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•S 3231 IS

1 (5) proceedings to determine and enforce the

2 full extent and nature of the Community’s water

3 rights and damages thereto are currently pending

4 before the United States District Court in Arizona,

5 and water rights claims are pending in the Superior

6 Court of the State of Arizona in and for Maricopa

7 County as part of the General Stream Adjudication

8 of the Gila River System and Source;

9 (6) since final resolution of pending litigation

10 will take many years and entail great expense, con11 tinue economically and socially damaging limits to

12 the access to water for the Community, prolong un13 certainty as to the availability of water supplies, and

14 seriously impair long-term economic planning and

15 development, the Community and its neighbors have

16 therefore sought to settle their disputes concerning

17 water and reduce the burdens of litigation;

18 (7) after many years of negotiations, the United

19 States, the Community, and its neighbors, many of

20 whom are parties to the General Stream Adjudica21 tion of the Gila River and its Source, have entered

22 into the Agreement to permanently resolve all water

23 rights and damage claims between and among them24 selves, and to quantify the Community’s and

25 allottees’ entitlement to water; and
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1 (8) to advance the goals of Federal Indian pol2 icy and to act consistently with the trust responsi3 bility of the United States to the Community and to

4 allottees, it is appropriate that the United States

5 participate in the implementation of the Agreement

6 and contribute funds so as to enable the Community

7 and allottees to utilize their water entitlements rec8 ognized or provided for in the Agreement or this

9 title in developing a diverse and efficient economy.

10 (b) PURPOSES.—It is the purpose of this Act—

11 (1) to approve, ratify, and confirm the Agree12 ment;

13 (2) to authorize and direct the Secretary of the

14 Interior to execute and perform all obligations of the

15 Secretary under the Agreement; and

16 (3) to authorize the actions and appropriations

17 of amounts necessary for the United States to meet

18 its obligations as provided for in the Agreement and

19 this title.

20 SEC. 203. DEFINITIONS.

21 In this title:

22 (1) AFTER ACQUIRED TRUST LANDS.—The

23 term ‘‘after acquired trust lands’’ means lands with24 in the State of Arizona and outside the exterior

25 boundaries of the Gila River Indian Reservation that
29

•S 3231 IS

1 are taken into trust by the United States for the

2 benefit of the Community after the effective date de3 scribed in title V. After acquired trust lands shall

4 not be considered lands within an Indian reservation

5 or lands owned or held by any Indian for the pur6 poses of article 20, paragraph 5 of the Arizona Con7 stitution, for the purpose of paying in lieu taxes pur8 suant to section 211(d) and the Intergovernmental

9 Agreement between the Gila River Indian Commu10 nity and the State of Arizona, Intergovernmental

11 Trust Consultation as of the effective date of the

12 Settlement Agreement.

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

14 means the Gila River Indian Community Water

15 Rights Settlement Agreement, including all exhibits,

16 dated lll, and executed by the parties.

17 (3) ALLOTTEES.—The term ‘‘allottees’’ means

18 individuals who have an ownership interest in an In19 dian allotment located within the Gila River Indian

20 Reservation, which interest is held in trust by the

21 United States.

22 (4) ASARCO.—The term ‘‘Asarco’’ shall mean

23 Asarco Incorporated, a New Jersey corporation oper24 ating mining operations in Arizona.
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1 (5) CENTRAL ARIZONA PROJECT.—The terms

2 ‘‘Central Arizona Project’’ and ‘‘CAP’’ mean the

3 reclamation project authorized and constructed by

4 the United States pursuant to title III of the Colo5 rado River Basin Project Act (43 U.S.C. 1501 et

6 seq.).

7 (6) CAP MASTER REPAYMENT CONTRACT.—The

8 term ‘‘CAP Master Repayment Contract’’ means the

9 Contract between the United States and the Central

10 Arizona Water Conservation District for Delivery of

11 Water and Repayment of Costs of the Central Ari12 zona Project, dated December 1, 1988 (Contract No.

13 14–06–W–245, Amendment No. 1), and any amend14 ment or revision thereof.

15 (7) CAP SYSTEM.—The term ‘‘CAP system’’

16 means the Mark Wilmer Pumping Plant, the Hay17 den-Rhodes Aqueduct, the Fannin-McFarland Aque18 duct, the Tucson Aqueduct, the associated pumping

19 plants and appurtenant works of the Central Ari20 zona Project aqueduct system and any extensions,

21 additions thereto, or replacement features thereof.

22 (8) COMMUNITY CAP WATER.—The term ‘‘Com23 munity CAP water’’ means water to which the Com24 munity is entitled pursuant to the Community’s

25 CAP Water Delivery Contract.
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1 (9) COMMUNITY’S CAP WATER DELIVERY CON2 TRACT.—The term ‘‘Community’s CAP water deliv3 ery contract’’ means Contract No. 3–07–30–W0284

4 between the Community and the United States

5 dated October 22, 1992, as amended.

6 (10) COMMUNITY’S MASTER REPAYMENT CON7 TRACT.—The term ‘‘Community’s master repayment

8 contract’’ means Contract No. 6–07–03–W0345 be9 tween the United States and the Community dated

10 May 4, 1998, providing for the construction of the

11 water delivery facilities on the reservation.

12 (11) GENERAL STREAM ADJUDICATION OF THE

13 GILA RIVER SYSTEM AND SOURCE.—The term ‘‘gen14 eral stream adjudication of the Gila River system

15 and source’’ means the action pending in the Supe16 rior Court of the State of Arizona in and for the

17 County of Maricopa styled as ‘‘In Re the General

18 Adjudication of All Rights To Use Water In The

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

20 (Verde), W–3 (Upper Gila), W–4 (San Pedro)).

21 (12) GILA RIVER INDIAN COMMUNITY; COMMU22 NITY.—The terms ‘‘Gila River Indian Community’’

23 or ‘‘Community’’ mean the government, composed of

24 members of the Pima Tribe and the Maricopa Tribe,

25 which is organized under section 16 of the Act of
32

•S 3231 IS

1 June 18, 1934 (25 U.S.C. 476), and which was

2 originally recognized by the Secretary as the Gila

3 River Pima-Maricopa Indian Community of the Gila

4 River Indian Reservation and has subsequently been

5 recognized by the Secretary as the Gila River Indian

6 Community of the Gila River Indian Reservation,

7 and its members.

8 (13) GILA RIVER INDIAN RESERVATION; RES9 ERVATION.—The terms ‘‘Gila River Indian reserva10 tion’’ or ‘‘reservation’’ mean those lands held in

11 trust by the United States for the benefit of the Gila

12 River Indian Community and its members located

13 within the exterior borders of the reservation, as cre14 ated pursuant to the Act of February 28, 1859, and

15 modified by the Executive Orders of August 31,

16 1876, June 14, 1879, May 5, 1882, November 15,

17 1883, July 31, 1911, June 2, 1913, August 27,

18 1914, and July 19, 1915.

19 (14) GLOBE EQUITY DECREE.—The term

20 ‘‘Globe equity decree’’ means the decree dated June

21 29, 1935, and entered in The United States of

22 America v. Gila Valley Irrigation District, et al.,

23 Globe Equity No. 59, in the United States District

24 Court in and for the District of Arizona, and all

25 court orders and decisions supplemental thereto.
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1 (15) INJURIES TO WATER RIGHTS.—The term

2 ‘‘injuries to water rights’’ means any interference

3 with, diminution of, or deprivation of water rights or

4 water quality, under Federal, State or other law, in5 cluding changes in the underground water table and

6 the effects of such changes. Such term does not in7 clude claims related to subsidence damage.

8 (16) IGA WITH RESPECT TO WATER RIGHTS.—

9 The term ‘‘IGA with respect to water rights’’ means

10 the Intergovernmental Agreement between the Gila

11 River Indian Community and the State of Arizona

12 for Water Rights and Management on After Ac13 quired Trust Lands attached as exhibit lll to

14 the Agreement.

15 (17) INTERGOVERNMENTAL TRUST CONSULTA16 TION AGREEMENT.—The term ‘‘Intergovernmental

17 Trust Consultation Agreement’’ means the Intergov18 ernmental Agreement between the Gila River Indian

19 Community and the State of Arizona for Intergov20 ernmental Trust Consultation attached as Exhibit

21 lll to the Agreement.

22 (18) ROOSEVELT WATER CONSERVATION DIS23 TRICT.—The terms ‘‘Roosevelt Water Conservation

24 District’’ and ‘‘RWCD’’ mean the entity of that

25 name which is a political subdivision of the State of
34

•S 3231 IS

1 Arizona and an irrigation district organized under

2 the laws of the State of Arizona.

3 (19) SAN CARLOS IRRIGATION AND DRAINAGE

4 DISTRICT.—The terms ‘‘San Carlos Irrigation and

5 Drainage District’’ and ‘‘SCIDD’’ mean the non-In6 dian component of the entity of that name which is

7 a political subdivision of the State of Arizona and an

8 irrigation and drainage district organized under the

9 laws of the State of Arizona.

10 (20) SCIP.—The term ‘‘SCIP’’ means the San

11 Carlos Irrigation Project authorized pursuant to the

12 Act of June 7, 1924 (43 Stat. 475) and expanded

13 pursuant to the Act of March 7, 1928 (45 Stat.

14 200).

15 (21) SECRETARY.—The term ‘‘Secretary’’

16 means the Secretary of the Interior.

17 (22) SUBSIDENCE DAMAGE.—The term ‘‘sub18 sidence damage’’ means injury to land, water, or

19 other property from the settling of geologic strata or

20 from cracking in the earth’s surface of any length or

21 depth, which is caused by the withdrawal of ground

22 water.

23 (23) TRUST LANDS.—The term ‘‘trust lands’’

24 means any lands outside the reservation that are

25 held in trust by the United States for the benefit of
35

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1 the Community and its members as of the effective

2 date of this title.

3 (24) WATER RIGHTS.—The term ‘‘water rights’’

4 means any and all rights in or to ground water, sur5 face water, or effluent under Federal, State or other

6 law.

7 SEC. 204. APPROVAL OF THE GILA RIVER INDIAN COMMU8 NITY WATER RIGHTS SETTLEMENT AGREE9 MENT.

10 (a) IN GENERAL.—Except to the extent that the

11 Agreement conflicts with a provision of this title, such

12 Agreement is hereby approved, ratified and confirmed.

13 (b) EXECUTION OF AGREEMENT.—The Secretary

14 shall execute the Agreement, including any amendments

15 necessary to make the Agreement consistent with this

16 title, after the Community has executed the Agreement

17 and such amendments.

18 (c) NATIONAL ENVIRONMENTAL POLICY ACT.—Exe19 cution of the Agreement by the Secretary under this sec20 tion shall not constitute a major Federal action under the

21 National Environmental Policy Act (42 U.S.C. 4321 et.

22 seq.). The Secretary shall carry out all necessary environ23 mental compliance activities during the implementation of

24 the Agreement, including activities under the National En25 vironmental Policy Act and the Endangered Species Act
36

•S 3231 IS

1 (16 U.S.C. 1531 et. seq.). With respect to the Agreement,

2 the Bureau of Reclamation shall be designated as the lead

3 agency in regard to environmental compliance.

4 (d) REHABILITATION OF CERTAIN WATER WORKS.—

5 (1) IN GENERAL.—The Secretary shall rehabili6 tate the SCIP water diversion and delivery works.

7 (2) EXISTING CONTRACTS.—The Pima Lateral

8 and those distribution canals receiving water there9 from shall be rehabilitated under paragraph (1)

10 through contracts with the Community that are in

11 effect on the date of enactment of this Act.

12 (3) REMAINDER.—The Secretary shall accom13 plish the remainder of the rehabilitation required

14 under paragraph (1) through the execution of a sup15 plemental repayment contract with SCIDD in the

16 form provided for in Exhibit 21lll of the Agree17 ment.

18 SEC. 205. RIGHTS TO WATER.

19 (a) RIGHTS HELD IN TRUST.—The Community’s and

20 allottees’ rights to water as described in the Agreement

21 shall be held in trust by the United States on their behalf.

22 (b) REALLOCATION.—In accordance with this title

23 and the Agreement the Secretary shall reallocate to the

24 Community—
37

•S 3231 IS

1 (1) an annual entitlement to 18,600 acre-feet of

2 CAP non-Indian agricultural priority water, held by

3 the Secretary on the date of enactment of this Act

4 for the benefit of the Community pursuant to an

5 agreement among the Secretary, the Community,

6 and the RWCD pursuant to which RWCD relin7 quished its entitlement to CAP non-Indian agricul8 tural priority water under that agreement among the

9 United States, CAWCD, and RWCD dated Novem10 ber 18, 1991 (No. 2–07–30–W0268), together with

11 any entitlement to agricultural priority water reallo12 cated to the RWCD under the Final Reallocation

13 Decision published in the Federal Register (Volume

14 47, No. 24, on February 25, 1992, at page 4470 et

15 seq.);

16 (2) an annual entitlement to 17,800 acre-feet of

17 CAP Indian priority water which was previously allo18 cated with a non-Indian agricultural priority to the

19 Harquahala Valley Irrigation District (referred to in

20 this title as ‘‘HVID’’), and thereafter, permanently

21 relinquished by HVID in accordance with Contract

22 No. 3–07–W0290 among the Central Arizona Water

23 Conservation District, HVID, and the United States,

24 and converted to CAP Indian priority water pursu25 ant to Public Law 101–468;
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1 (3) an annual entitlement to 17,000 acre-feet of

2 CAP municipal and industrial priority water which

3 the Secretary previously allocated to Asarco in the

4 Notice of Final Allocation to Indian and Non-Indian

5 Water Users and Related Decisions, dated March

6 24, 1983 (48 Fed Reg 12466, et seq.) as provided

7 for in and subject to the terms of Exhibit 12.1 to

8 the Agreement; and

9 (4) an annual entitlement to 102,000 acre-feet

10 of CAP non-Indian agricultural priority water made

11 available pursuant to the agreement ratified in sec12 tion 107(a).

13 (c) WATER SERVICE CAPITAL CHARGES.—The Com14 munity shall not be responsible for water service capital

15 charges, or any other charges or payments, for CAP

16 water, except for operation, maintenance and replacement

17 costs as provided for in section 206.

18 (d) ALLOCATION AND REPAYMENT.—For the pur19 pose of determining the allocation and repayment of costs

20 of the CAP as provided for in article 9.3 of the CAP Mas21 ter Repayment Contract, the costs associated with the de22 livery of water under the Community CAP Water Delivery

23 Contract shall be non-reimbursable, and such costs shall

24 be excluded from the repayment obligation of the Central

25 Arizona Water Conservation District.
39

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1 (e) APPLICATION OF PROVISIONS.—The water rights

2 recognized and confirmed to the Community by the Agree3 ment, and this title, shall be subject to section 7 of the

4 Act of February 8, 1887 (25 U.S.C. 381). The community

5 shall enact a water code, subject to any applicable provi6 sion of law, that—

7 (1) manages, regulates, and controls the water

8 resources on the reservation;

9 (2) governs all of the water rights which are

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

11 the Community and allottees; and

12 (3) includes, subject to approval of the

13 Secretary—

14 (A) a process by which any allottee, or any

15 successor in interest to an allottee, may request

16 and be provided with a fair and equitable dis17 tribution of water for use on his or her allotted

18 lands; and

19 (B) a due process system for the consider20 ation and determination of any request by any

21 allottee, or any successor in interest to an allot22 tee, for distribution of water, including a proc23 ess for appeal and adjudication of denied or dis24 puted distributions of water and for resolution

25 of contested administrative decisions.
40

•S 3231 IS

1 SEC. 206. COMMUNITY WATER DELIVERY CONTRACT

2 AMENDMENTS.

3 (a) IN GENERAL.—The Secretary shall amend the

4 Community’s CAP Water Delivery Contract as provided

5 for in the Agreement to—

6 (1) provide that the contract shall be for per7 manent service, as that term is used for purposes of

8 section 5 of the Boulder Canyon Project Act of 1928

9 (43 U.S.C. 617d) and without limit as to term;

10 (2) authorize the Community to lease or to

11 enter into an option or options to lease, as provided

12 for in the Agreement, and such other leases, or op13 tions to lease, providing for the delivery to or use by

14 others of any portion of the water to which the Com15 munity is entitled under the contract for terms not

16 exceeding 100 years, and to authorize the Commu17 nity to renegotiate any lease or enter into new leases

18 during the term of any existing leases so long as the

19 term of any new lease does not exceed 100 years;

20 (3) authorize the Community to use water to

21 which the Community is entitled under the contract

22 on lands owned by the Community or held in trust

23 for the benefit of the Community within Arizona;

24 (4) provide that all CAP water to which the

25 Community is entitled under the contract shall be

26 delivered through the CAP System; and
41

•S 3231 IS

1 (5) provide that the costs allocable to the Com2 munity for the construction of the CAP System shall

3 be non-reimbursable, and such costs shall be ex4 cluded from any repayment obligation of the Com5 munity.

6 (b) PAYMENT OF CHARGES.—As authorized by sec7 tion 403(f) of the Colorado River Basin Project Act (as

8 amended by section 108(a)), the United States shall pay,

9 or provide for the payment of, CAP Fixed OM&R Charges

10 as provided for in paragraph 8 of the Agreement.

11 (c) RATIFICATION OF LEASES.—The leases of Com12 munity CAP water by the Community to Asarco, Phelps

13 Dodge and to any or all of the cities of Chandler, Glendale,

14 Goodyear, Mesa, Peoria, Phoenix, and Scottsdale, Ari15 zona, attached as exhibits to the Agreement, are hereby

16 authorized, ratified and confirmed, and the Secretary shall

17 execute such leases. Neither the Community nor any re18 cipient of Community CAP water through lease or ex19 change, shall be obligated to pay water service capital

20 charges or any other charges, payments or fees for such

21 water, except as expressly provided for in the lease or ex22 change agreement.

23 (d) RECLAIMED WATER EXCHANGE AGREEMENT.—

24 The Reclaimed Water Exchange Agreement among Chan25 dler Arizona, Mesa Arizona, the Community, RWCD and
42

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1 the United States, attached as Exhibit 19.1 to the Agree2 ment, is hereby approved, ratified and confirmed.

3 (e) PROHIBITIONS.—

4 (1) USE OUTSIDE OF ARIZONA.—None of the

5 Community’s CAP water shall be leased, exchanged,

6 forborne or otherwise transferred in any way by the

7 Community for use directly or indirectly outside of

8 the State of Arizona.

9 (2) USE OFF OF RESERVATION.—Except as au10 thorized by this section, no water made available to

11 the Community pursuant to the Agreement, the

12 Globe Equity Decree, or this title, may be sold,

13 leased, transferred or in any way used off the res14 ervation other than by exchange. Nothing in this Act

15 or in the Agreement shall be construed as a limita16 tion on the Community’s ability to enter into any

17 agreement with the Arizona Water Banking Author18 ity, or its successor agency or entity, in accordance

19 with State law.

20 SEC. 207. CLAIMS EXTINGUISHMENT: WAIVERS AND RE21 LEASES.

22 (a) SATISFACTION OF CLAIMS.—The benefits realized

23 by the Community, its members and allottees under this

24 title shall constitute full and complete satisfaction of all

25 members’ and allottees’ claims for water rights or injuries
43

•S 3231 IS

1 to water rights under Federal, State, and other laws for

2 the Reservation and Trust Lands whether such claims

3 arise prior to or after the date of enactment of this Act.

4 Notwithstanding the preceding sentence, nothing in this

5 title shall be deemed to recognize or establish any right

6 of a member of the Community to water on the Reserva7 tion.

8 (b) WAIVER OR RELEASE.—The community, on be9 half of itself and its members, and the Secretary, on behalf

10 of the United States and the allottees, are authorized, as

11 part of the performance of the obligations under the

12 Agreement, to execute a waiver and release, except as pro13 vided for in the Agreement, of any and all claims against

14 the State of Arizona, or any agency or political subdivision

15 thereof, or any other person, entity, corporation or munic16 ipal corporation under Federal, State or other law for any

17 and all—

18 (1) water rights or injuries to water rights,

19 whether such claims arise prior to or after the date

20 of enactment of this Act;

21 (2) claims for water rights with respect to Res22 ervation and Trust Lands that arise after the date

23 of enactment of this Act;

24 (3) claims for injuries to water rights resulting

25 from the diversion or use of ground water, surface
44

•S 3231 IS

1 water, CAP water or effluent, whether such claims

2 arise prior to or after the date of enactment of this

3 Act, in a manner both consistent with the Agree4 ment and not in violation of applicable State law;

5 (4) water rights and injuries to water rights

6 based upon aboriginal occupancy of lands by the

7 Community, its members, allottees, or their prede8 cessors, whether such claims arise prior to or after

9 the date of enactment of this Act;

10 (5) claims (including claims for damages or in11 junction resulting from injuries to land, water rights

12 or property) against the Salt River Project or its of13 ficers, directors, employees, agents or shareholders

14 arising from the discharge, transportation, seepage

15 or other movement of water, whether such claims

16 arise prior to or after the date of enactment of this

17 Act, in or through drains, canals or other structures

18 within the Salt River Reservoir District to lands

19 within the reservation;

20 (6) subsidence damages, whether such claims

21 arise prior to or after the date of enactment of this

22 Act;

23 (7) claims for subsidence damages resulting

24 from the diversion or use of underground water after

25 the effective date of this title, in a manner both con-
45

•S 3231 IS

1 sistent with the Agreement and not in violation of

2 applicable State law; and

3 (8) claims arising out of or related in any man4 ner to the negotiations or execution of the Agree5 ment, or for the negotiation or enactment of this

6 Act, or any specific terms or provisions thereof.

7 (c) PROHIBITION.—No allottee may assert any past,

8 present or future claims for water rights or claims for in9 juries to water rights against the United States, the State

10 of Arizona or any political subdivision thereof, or any

11 other person, entity, corporation or municipal corporation.

12 (d) LIMITATION ON CLAIMS BY THE UNITED

13 STATES.—Except as provided in the Agreement, the

14 United States shall not assert any claim against the State

15 of Arizona or any political subdivision thereof, or any

16 other person, entity, corporation or municipal corporation,

17 under Federal, State or other laws in its own right or on

18 behalf of the Community, its members or allottees based

19 upon any of the claims described in paragraphs (1)

20 through (8) of subsection (b).

21 (e) FUNDING.—If, because of the operation of sec22 tions 501 and 502, the authority provided for in sub23 section (b) does not become effective, the Community and

24 the United States shall retain the right to assert past,
46

•S 3231 IS

1 present and future water rights claims and claims for inju2 ries to water rights as to all reservation lands.

3 SEC. 208. COMMUNITY TRUST FUNDS.

4 (a) ESTABLISHMENT.—The Secretary shall establish

5 in the Treasury of the United States a trust fund to be

6 known as the ‘‘Gila River Indian Community Settlement

7 Development Trust Fund’’ (referred to in this section as

8 the ‘‘Fund’’).

9 (b) DEPOSITS.—The Secretary shall deposit into the

10 Fund, $200,000,000 of the amounts made available pur11 suant to section 403(f)(2)(B) of the Colorado River Basin

12 Project Act (as amended under section 108). Except as

13 otherwise provided for in this title, the principal of the

14 Fund, and any interest or income accruing thereon, shall

15 be managed in accordance with the American Indian

16 Trust Fund Management Reform Act of 1994 (25 U.S.C.

17 4001 et seq.).

18 (c) USE OF FUND.—The principal of the Fund, and

19 any interest or income accruing thereon, shall be used by

20 the Community for the development of irrigation works

21 above the 40 acre distribution or as otherwise provided

22 for in the Agreement.

23 (d) WITHDRAWAL.—The Community may withdraw

24 amounts from the fund and deposit such amounts in a

25 private financial institution selected by mutual agreement
47

•S 3231 IS

1 of the Community and the Secretary. Such a withdrawal

2 shall be made pursuant to the American Indian Trust

3 Fund Management Reform Act of 1994 (25 U.S.C. 4001

4 et seq.). If the Community exercises its rights pursuant

5 to this subsection to withdraw funds and make deposits

6 in a private financial institution, neither the Secretary nor

7 the Secretary of the Treasury, except as provided in the

8 withdrawal plan, shall retain any oversight over or liability

9 for the accounting, disbursement, or investment of such

10 funds.

11 (e) LIMITATIONS.—

12 (1) NO DISTRIBUTION TO MEMBERS.—No part

13 of the principal of the Fund, or the interest or in14 come accruing thereon, shall be distributed to any

15 member of the Community on a per capita basis.

16 (2) FUNDS NOT AVAILABLE UNTIL ENFORCE17 ABILITY DATE.—Amounts deposited into the Fund

18 pursuant to subsection (b) shall not be available for

19 expenditure or withdrawal by the Community until

20 the enforceability date of the Agreement.

21 SEC. 209. COMMUNITY SUBSIDENCE RECOVERY TRUST AC22 COUNT.

23 (a) ESTABLISHMENT OF ACCOUNT.—

24 (1) IN GENERAL.—The Secretary shall establish

25 in the Treasury of the United States an account to
48

•S 3231 IS

1 be known as the ‘‘Community Subsidence Recovery

2 Trust Account’’ (referred to in this section as the

3 ‘‘Account’’).

4 (2) DEPOSITS.—The Account shall consist of

5 amounts deposited into the Account pursuant to an

6 appropriation under section 210(c)(1) for claims as

7 of June 30, 2003, and any amounts appropriated

8 pursuant to section 210(c)(2) from time to time to

9 satisfy claims after June 30, 2003.

10 (b) INVESTMENTS.—The Secretary of the Treasury

11 shall invest all amounts deposited into, accruing to, and

12 remaining in, the Account in accordance with the Act of

13 November 4, 1983 (25 U.S.C. 162a).

14 (c) DISTRIBUTION.—Amounts in the Account shall be

15 available for distribution to the Community subject to the

16 following terms and conditions:

17 (1) Funds may only be used by the Community

18 for the repair and remediation of subsidence damage

19 on the Reservation or trust lands.

20 (2) Funds shall be distributed by the Secretary

21 only after—

22 (A) a claim for subsidence damage is sub23 mitted by the Community to the Secretary de24 tailing the subsidence damage on the Reserva25 tion or trust lands and containing a profes-
49

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1 sional estimate of the costs of the repair or re2 mediation;

3 (B) the Secretary has determined and vali4 dated through an independent survey or review

5 by a private sector engineering firm that the

6 subsidence damage described in the claim has

7 occurred and that the cost estimate is reason8 able and the community has been in compliance

9 with the water code described in section 205(e);

10 and

11 (C) the Community has agreed—

12 (i) that upon completion of each re13 pair or remediation for which it receives a

14 distribution of funds, the Community will

15 file with the Secretary a report detailing

16 the expenditures of the funds for such re17 pair or remediation; and

18 (ii) in the event that any portion of

19 the funds distributed are not expended by

20 the Community on the repair or remedi21 ation, the unexpended portion will be re22 turned to the Account.

23 (d) LIMITATION ON LIABILITY.—The United States

24 shall not be liable for any claim or cause of action arising
50

•S 3231 IS

1 from the Community’s use or expenditure of moneys dis2 tributed from the Account.

3 (e) SATISFACTION OF CLAIMS.—Except as provided

4 in this subsection and in the Agreement, the Account shall

5 be in full satisfaction of all claims of the Community, its

6 members, and allottees of reservation land for subsidence

7 damage on the Reservation and trust lands. Any claim of

8 the Community, its members, and allottees, or of the

9 United States on behalf of the Community, its members,

10 and allottees, for subsidence damage on the Reservation

11 or trust lands shall be satisfied out of the monies deposited

12 into the Account and any increase thereof, as provided for

13 in section llof the Agreement. No allottee of land with14 in the Reservation may assert any claims for subsidence

15 damage on the Reservation except as provided for in the

16 Agreement.

17 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

18 (a) AMOUNTS FOR REHABILITATION OF IRRIGATION

19 WORKS.—There is authorized to be appropriated for the

20 rehabilitation of the SCIDD irrigation works authorized

21 in section 204(d)(2), $40,000,000 for fiscal year 2001,

22 and such sums as may be necessary for each subsequent

23 fiscal year taking into account ordinary fluctuations in

24 construction costs as indicated by engineering cost indices
51

•S 3231 IS

1 applicable to the types of construction involved under such

2 section.

3 (b) REDUCTION OF IRRIGATABLE ACREAGE.—There

4 is authorized to be appropriated, not to exceed $7,000,000

5 for fiscal year 2001, and such sums as may be necessary

6 for each fiscal year thereafter, to carry out section 212(b).

7 (c) COMMUNITY SUBSISTENCE RECOVERY TRUST

8 ACCOUNT.—There is authorized to be appropriated to the

9 Community Subsidence Recovery Trust Account under

10 section 209—

11 (1) $4,000,000, and until such time as the en12 tire amount is appropriated and deposited into the

13 account, such amount shall include an adjustment

14 representing the interest that would have been

15 earned on such amount if such amount had been ap16 propriated and deposited into the Account by of

17 June 30, 2003, at rates determined by the Secretary

18 of the Treasury, taking into consideration the aver19 age market yield on outstanding Federal obligations

20 of comparable maturity; and

21 (2) such sums as may be necessary to pay

22 claims made on the Account after June 30, 2003.

23 (d) ENVIRONMENTAL COMPLIANCE.—There is au24 thorized to be appropriated such sums as may be nec25 essary to carry out all necessary environmental compliance
52

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1 activities associated with the Agreement and this title, in2 cluding any mitigation measures adopted by the Secretary.

3 SEC. 211. AFTER ACQUIRED TRUST LANDS.

4 (a) LIMITATION.—The United States shall not take

5 legal title to any lands within the State of Arizona that

6 is outside the exterior boundaries of the Reservation in

7 trust for the benefit of the Community until all of the fol8 lowing conditions have been satisfied:

9 (1) The Community and the State of Arizona

10 have executed the Intergovernmental Trust Con11 sultation Agreement and such agreement has become

12 enforceable according to its terms.

13 (2) The Community has satisfied all of the re14 quirements of the Intergovernmental Trust Con15 sultation Agreement for each parcel of land to be

16 taken into trust by the United States for the benefit

17 of the Community.

18 (3) The Community and the State of Arizona

19 have executed the Intergovernmental Agreement

20 with Respect to Water Rights, and it has become en21 forceable according to its terms.

22 (4) The Community has adopted the Water

23 Program required by the Intergovernmental Agree24 ment with Respect to Water Rights.
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1 (b) CERTIFICATION.—After publication in the Fed2 eral Register of a written certification by the Secretary

3 to the Governor of the State of Arizona that all of the

4 conditions in subsection (a) have been fully satisfied for

5 each parcel of land to be taken into trust by the United

6 States for the benefit of the Community, the United

7 States may consider whether to take such parcels into

8 trust in accordance with Federal law.

9 (c) FINAL AGENCY ACTION.—Any written certifi10 cation by the Secretary under subsection (b) shall con11 stitute final agency action under the Administrative Proce12 dure Act and shall be reviewable as provided for in section

13 702 of title 5, United States Code.

14 (d) PAYMENT IN LIEU OF TAXES.—For each parcel

15 of land taken into trust by the United States for the ben16 efit of the Community under this section, the Community

17 shall make payments in lieu of all current and future

18 State, county, and local ad valorem property taxes for

19 after acquired trust lands as provided for in the Intergov20 ernmental Trust Consultation Agreement.

21 (e) RIGHT TO SURFACE AND GROUND WATER.—

22 After acquired trust lands shall only have the rights to

23 surface water and ground water authorized in the IGA

24 with respect to water rights.
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1 (f) TRIBAL RESOURCE ATTRIBUTES.—Upon acquisi2 tion of a parcel of land in trust by the United States for

3 the benefit of the Community under this section, the rights

4 to surface water and ground water authorized in the IGA

5 with respect to water rights shall become tribal resources

6 held in trust status by the United States for the benefit

7 of the Community and shall have the following attributes:

8 (1) The Community’s rights to water for after

9 acquired trust lands shall not be subject to for10 feiture, relinquishment, or abandonment arising

11 from events occurring after the date the lands are

12 taken into trust.

13 (2) The Community’s rights to water for after

14 acquired trust lands shall not be subject to con15 demnation by any State authority.

16 (3) The Community’s rights to water for after

17 acquired trust lands shall not be subject to the regu18 latory jurisdiction of the State of Arizona, except

19 that if the water rights associated with after ac20 quired trust lands were—

21 (A) on the date on which the after ac22 quired trust lands were taken into trust status,

23 subject to adjudication and administration in

24 the court presiding over the Arizona general

25 stream adjudication; or
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•S 3231 IS

1 (B) subsequent to the date on which the

2 after acquired trust lands were taken into trust

3 status, determined by a court of competent ju4 risdiction to be subject to the Arizona general

5 stream adjudication;

6 then the water rights associated with the after ac7 quired trust lands shall continue to be subject to the

8 Arizona general stream adjudication to the extent

9 that such rights were or subsequently are deter10 mined to be subject to such adjudication.

11 (4) Subject to paragraph (3) and the intergov12 ernmental agreements, the Community may divert or

13 use the surface water and ground water rights asso14 ciated with after acquired trust lands for community

15 purposes at the discretion of the Community on such

16 after acquired trust lands.

17 (g) NO RESERVED RIGHTS.—After acquired trust

18 lands shall not have Federal reserved rights to surface

19 water or ground water.

20 (h) NOT SUBJECT TO STATE JURISDICTION.—Ex21 cept as provided in subsection (f)(2), rights to ground

22 water for after acquired trust lands shall not be subject

23 to the State’s regulatory jurisdiction, except that any

24 claim by the Community, the United States on behalf of

25 the Community, or any other person with respect to such
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•S 3231 IS

1 rights to ground water shall be brought in the Superior

2 Court of the State of Arizona.

3 (i) AUTHORITY OF COMMUNITY.—For purposes of

4 complying with the provisions of this section, the Commu5 nity is authorized to enter into the Intergovernmental

6 Agreement between the Gila River Indian Community and

7 the State of Arizona, Water Management on After Ac8 quired Trust Lands, and the Intergovernmental Agree9 ment between the Gila River Indian Community and the

10 State of Arizona, Intergovernmental Trust Consultation.

11 The Community is authorized to waive its sovereign immu12 nity and consent to suit in the Superior Court of the State

13 of Arizona for the limited purposes required by those

14 agreements, and for any intergovernmental agreement re15 quired to be entered into by the Community under the

16 terms of those agreements.

17 (j) TERMS OF AGREEMENT.—The Secretary shall ac18 knowledge the terms of any intergovernmental agreement

19 entered into by the Community under this section and

20 shall not seek to abrogate those terms in any administra21 tive or judicial action. If a judicial action is commenced

22 during a dispute over any intergovernmental agreement

23 entered into under this section, and the United States is

24 allowed to intervene in such action, the United States shall

25 not remove such action to the Federal courts.
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1 (k) RULE OF CONSTRUCTION.—Notwithstanding any

2 other provision of this Act, nothing in this Act shall be

3 construed to alter the continued application of the Act of

4 May 25, 1918 (25 U.S.C. 211) within Arizona.

5 SEC. 212. MISCELLANEOUS PROVISIONS.

6 (a) AUTHORITY OF JOINDER OF UNITED STATES.—

7 If any party to the Agreement commences an action in

8 any Federal Court relating only and directly to the inter9 pretation or enforcement of this Act or the Agreement and

10 names the United States or the Community as a party,

11 the United States or the Community, or both, may be

12 joined in any such action, and any claim by the United

13 States or the Community to sovereign immunity from such

14 action is hereby waived.

15 (b) REDUCTION IN IRRIGABLE ACREAGE.—As pro16 vided for in paragraph ll of the Agreement, the Sec17 retary is authorized to expend amounts appropriated

18 under this Act for the purpose of reducing by 2,000 acres

19 the maximum number of acres that may be irrigated under

20 the Globe Equity Decree upstream from the San Carlos

21 Apache Indian Reservation.

22 (c) RULE OF CONSTRUCTION.—Nothing in this Act

23 shall be construed to quantify or otherwise affect the

24 water rights, claims or entitlements to water of any Indian
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1 tribe, band or community, other than the Gila River In2 dian Community.

3 (d) LIMITATION ON CLAIMS FOR REIMBURSE4 MENT.—The United States shall not make a claim for re5 imbursement of costs arising out of the implementation

6 of this title or the Agreement against any Indian-owned

7 land within the Reservation, and no assessment shall be

8 made in regard to such costs against such lands.

9 (e) NO AFFECT ON FUTURE ALLOCATIONS.—Water

10 received pursuant to a lease or exchange of community

11 CAP water under this Act shall not affect any future allo12 cation or reallocation of CAP water by the Secretary.

13 (f) MASTER REPAYMENT CONTRACT OF COMMU14 NITY.—The Secretary shall amend the Community’s Mas15 ter Repayment Contract to provide that the costs under

16 such contract to the community shall be non-reimbursable.

17 Nothing in this Act or the Agreement shall expand the

18 Secretary’s obligations under the Community’s Master Re19 payment Contract.
59

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1 SEC. 213. ADDITIONAL UPPER GILA VALLEY ISSUES.

2 TITLE III—SOUTHERN ARIZONA

3 WATER RIGHTS SETTLEMENT

4 AMENDMENTS ACT OF 2000.

5 SEC. 301. AMENDMENT TO SOUTHERN ARIZONA WATER

6 RIGHTS SETTLEMENT ACT OF 1982.

7 Title III of Public Law 97–293 (the Southern Ari8 zona Water Rights Settlement Act of 1982 (96 Stat.

9 1261)) is amended to read as follows:

10 ‘‘TITLE III—SOUTHERN ARIZONA

11 WATER RIGHTS SETTLEMENT

12 AMENDMENTS ACT OF 2000

13 ‘‘SEC. 301. SHORT TITLE.

14 ‘‘This title may be cited as the ‘Southern Arizona

15 Water Rights Settlement Amendments Act of 2000’.

16 ‘‘SEC. 302. CONGRESSIONAL FINDINGS.

17 ‘‘Congress finds that—

18 ‘‘(1) water rights claims within the San Xavier

19 Indian Reservation and the eastern Schuk Toak Dis20 trict of the Tohono O’odham Nation, the members

21 of the Nation and allottees are the subject of law22 suits pending against the United States, and numer23 ous parties in southern Arizona, including major

24 mining companies, agricultural interests, and the

25 city of Tucson, on the date of enactment of the Ari26 zona Water Settlement Act of 2000;
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1 ‘‘(2) the lawsuits referred to in paragraph (1)

2 are not only expensive and time consuming for all

3 participants but also threaten to cause profound ad4 verse impacts on the health and development of the

5 Indian and non-Indian economies of southern Ari6 zona;

7 ‘‘(3) the parties to the lawsuits referred to in

8 paragraph (1) and other persons interested in the

9 settlement of the water rights claims of the Nation

10 and its members and allottees within the Tucson

11 management area have diligently attempted to settle

12 those lawsuits;

13 ‘‘(4) the requirements of paragraph (1) of sec14 tion 307(a) (as in effect on the day before the date

15 of enactment of the Arizona Water Settlement Act

16 of 2000) were met within 1 year of the date of en17 actment of such paragraph in the following

18 manner—

19 ‘‘(A) the city of Tucson, Arizona entered

20 into an agreement dated October 11, 1983 with

21 the United States to make available 28,200

22 acre-feet of reclaimed water to the Secretary to

23 be disposed of as the Secretary sees fit and in24 cluding a provision that permits the Secretary

25 to provide terms and conditions under which
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•S 3231 IS

1 the Secretary may relinquish to the city of Tuc2 son such quantities of water as are not needed

3 to satisfy the Secretary’s obligations under this

4 title;

5 ‘‘(B) the city of Tucson, the State of Ari6 zona, and others entered into an agreement

7 dated October 11, 1983 with the United States

8 to establish the Cooperative Fund, and con9 tributions that were required to be made pursu10 ant to section 313 (as in effect on the day be11 fore the date of enactment of the Arizona

12 Water Settlement Act of 2000) were subse13 quently made;

14 ‘‘(C) the Nation entered into an agreement

15 dated October 11, 1983 with the United States

16 in compliance with subparagraph (C) of section

17 307(a)(1) (as in effect on the day before the

18 date of enactment of the Arizona Water Settle19 ment Act of 2000); and

20 ‘‘(D) in the agreement dated October 11,

21 1983 with the United States, the Nation exe22 cuted a waiver and release in compliance with

23 subparagraph (D) of section 307(a)(1) (as in

24 effect on the day before the date of enactment

25 of the Arizona Water Settlement Act of 2000);
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1 ‘‘(5) by providing the assistance specified in

2 this title, the Federal Government will make possible

3 the implementation of a settlement of the lawsuits

4 referred to in paragraph (1);

5 ‘‘(6) it is in the long-term interest of the United

6 States, the State of Arizona and political subdivi7 sions of the State, the Tohono O’odham Nation, the

8 San Xavier and Schuk Toak Districts of the Tohono

9 O’odham Nation, and the non-Indian community of

10 southern Arizona, that the Federal Government as11 sist in the implementation of a fair and equitable

12 settlement of the water rights claims of the Tohono

13 O’odham Nation, and the members of the Nation

14 and allottees within the San Xavier Indian Reserva15 tion and the eastern Schuk Toak District of the

16 Tohono O’odham Nation; and

17 ‘‘(7) the settlement provided for by this title

18 will—

19 ‘‘(A)(i) provide flexibility in the manage20 ment of water resources; and

21 ‘‘(ii) encourage the allocation of such re22 sources in accordance with the highest and best

23 uses of the resources;

24 ‘‘(B) promote the conservation and man25 agement of water resources; and
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1 ‘‘(C) carry out the trust responsibility of

2 the United States to the Nation and the owners

3 of individual beneficial interests in allotted trust

4 lands within the San Xavier Indian Reserva5 tion.

6 ‘‘SEC. 303. DEFINITIONS.

7 ‘‘In this title:

8 ‘‘(1) ADAMS V. UNITED STATES.—The term

9 ‘Adams v. United States’ means Adams et al. v.

10 United States et al. (Civ. No. 93–240 TUC–FRZ

11 (D. Ariz.)).

12 ‘‘(2) AGREEMENT OF DECEMBER 11, 1980.—The

13 term ‘Agreement of December 11, 1980’ means the

14 contract for the delivery of Central Arizona Project

15 water that the United States and the Nation entered

16 into on December 11, 1980.

17 ‘‘(3) AGREEMENT OF OCTOBER 11, 1983.—The

18 term ‘Agreement of October 11, 1983’ means the

19 contract to provide water and to settle claims to

20 water under this title (as in effect on the day before

21 the date of enactment of the Arizona Water Settle22 ment Act of 2000) that the United States and the

23 Nation entered into on October 11, 1983.

24 ‘‘(4) ALLOTTEES.—The term ‘allottees’ means

25 individuals who hold a beneficial real property inter-
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1 est in an Indian allotment within the San Xavier In2 dian Reservation that is held in trust by the United

3 States or is subject to a restriction against alien4 ation, pursuant to section 7 of the Act of February

5 8, 1887 (24 Stat. 390).

6 ‘‘(5) ALVAREZ V. TUCSON.—The term ‘Alvarez

7 v. Tucson’ means Alvarez et al. v. City of Tucson et

8 al. (Civ. No. 93–039 TUC–FRZ (D. Ariz.)).

9 ‘‘(6) CENTRAL ARIZONA PROJECT.—The term

10 ‘Central Arizona Project’ means the Federal rec11 lamation project authorized under title III of the

12 Colorado River Basin Project Act (43 U.S.C. 1521

13 et seq.).

14 ‘‘(7) CENTRAL ARIZONA PROJECT LINK PIPE15 LINE.—The term ‘Central Arizona Project Link

16 Pipeline’ means the pipeline from the San Xavier

17 Turnout No. 2 of the Tucson Aqueduct of the Cen18 tral Arizona Project to, and including, the flow con19 trol structure at the southwest corner of field 155,

20 or from such other turnout of the Tucson Aqueduct

21 of the Central Arizona Project to such other point

22 as provided for in the contract authorized in section

23 313 or, in the event that such contract is not exe24 cuted, as determined by the Secretary.
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1 ‘‘(8) CENTRAL ARIZONA PROJECT MASTER RE2 PAYMENT CONTRACT.—The term ‘Central Arizona

3 Project Master Repayment Contract’ means contract

4 No. 14–06–W–245 entitled ‘contract between the

5 United States and the Central Arizona Water Con6 servation District for the delivery of water and re7 payment of costs of the Central Arizona Project’

8 dated December 1, 1988.

9 ‘‘(9) CENTRAL ARIZONA PROJECT SERVICE

10 AREA.—The term ‘Central Arizona Project Service

11 Area’ means the geographical area in which the Cen12 tral Arizona Water Conservation District delivers

13 Central Arizona Project water, defined as the three14 county area of Maricopa, Pinal and Pima Counties,

15 as that area may be expanded.

16 ‘‘(10) CENTRAL ARIZONA WATER CONSERVA17 TION DISTRICT.—The term ‘Central Arizona Water

18 Conservation District’ means the Central Arizona

19 Water Conservation District, organized under the

20 laws of the State of Arizona, which is the contractor

21 under a contract with the United States for the de22 livery of water and repayment of costs of the Central

23 Arizona Project.

24 ‘‘(11) COOPERATIVE FARM.—The term ‘Cooper25 ative Farm’ means the farm on lands in which
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•S 3231 IS

1 allottees hold an interest that is served by the exist2 ing irrigation system and the extension of the exist3 ing irrigation system provided for under paragraphs

4 (1) and (2) of section 304(c).

5 ‘‘(12) COOPERATIVE FUND.—The term ‘Cooper6 ative Fund’ means the Cooperative Fund referred to

7 in section 311.

8 ‘‘(13) DELIVERY AND DISTRIBUTION SYSTEM.—

9 The term ‘delivery and distribution system’ means

10 the Central Arizona Project aqueduct, the Central

11 Arizona Project Link Pipeline, and the pipelines, ca12 nals, aqueducts, conduits, and other necessary facili13 ties for water delivery, including pumping facilities,

14 powerplants, and electric power transmission facili15 ties external to the boundaries of a farm on which

16 the water is distributed.

17 ‘‘(14) EASTERN SCHUK TOAK DISTRICT.—The

18 term ‘eastern Schuk Toak District’ means the por19 tion of the Schuk Toak District (1 of 11 political

20 subdivisions of the Nation established under the con21 stitution of the Nation) that lies within the Tucson

22 management area.

23 ‘‘(15) EXEMPT WELL.—The term ‘exempt well’

24 means a water well—
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1 ‘‘(A) with a maximum pumping capacity of

2 not more than 35 gallons per minute; and

3 ‘‘(B) the water from which is used for the

4 supply, service, and activities of households and

5 private residences, landscaping, livestock water6 ing, and irrigation of not more than 2 acres of

7 land for the production of plants and crops for

8 sale or human consumption, or for feed for live9 stock or poultry.

10 ‘‘(16) FARM.—The term ‘farm’ means a unit of

11 lands designated to be served by an irrigation sys12 tem.

13 ‘‘(17) FEE OWNERS OF ALLOTTED LAND.—The

14 term ‘fee owners of allotted land’ means persons who

15 hold fee simple title in real property that was for16 merly held in trust as an Indian allotment within the

17 San Xavier Indian Reservation.

18 ‘‘(18) IRRIGATION SYSTEM.—The term ‘irriga19 tion system’ means canals, laterals, ditches, sprin20 klers, bubblers and other irrigation works to dis21 tribute water within the boundaries of a farm, and,

22 with respect to the cooperative farm only, includes

23 the rehabilitation of fields, the remediation of sink

24 holes and stabilization of the banks of the Santa

25 Cruz River.
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1 ‘‘(19) NATION.—The term ‘Nation’ means the

2 Tohono O’odham Nation (formerly known as the

3 Papago Tribe) organized under a constitution ap4 proved pursuant to section 16 of the Act of June 18,

5 1934 (25 U.S.C. 476).

6 ‘‘(20) NATION’S TERRITORIAL JURISDICTION.—

7 The term ‘Nation’s territorial jurisdiction’ means all

8 lands within the geographical boundaries over which

9 the sovereign powers, authority, and jurisdiction of

10 the Nation extend.

11 ‘‘(21) NET IRRIGABLE ACRES.—The term ‘net

12 irrigable acres’ means only those acres of land with13 in a farm that are suitable for growing crops.

14 ‘‘(22) SAN XAVIER ALLOTTEES ASSOCIATION.—

15 The term ‘San Xavier Allottees Association’ means

16 the organization incorporated as a nonprofit cor17 poration under Arizona law for the purpose of rep18 resenting and advocating the interests of individual

19 Indian owners of beneficial interests in trust allot20 ments on the San Xavier Indian Reservation.

21 ‘‘(23) SAN XAVIER COOPERATIVE ASSOCIA22 TION.—The term ‘San Xavier Cooperative Associa23 tion’ means the entity chartered under the laws of

24 the Nation that is the lessee of lands within the co25 operative farm and the authorized operator of the
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1 cooperative farm under leases entered into with

2 allottees whose lands are within the cooperative

3 farm, and the operator’s successors in interest.

4 ‘‘(24) SAN XAVIER DISTRICT.—The term ‘San

5 Xavier District’ means 1 of 11 political subdivisions

6 of the Nation established under the constitution of

7 the Nation.

8 ‘‘(25) SAN XAVIER DISTRICT COUNCIL.—The

9 term ‘San Xavier District Council’ means the gov10 erning body of the San Xavier District established

11 pursuant to Article IX of the Constitution of the

12 Nation.

13 ‘‘(26) SAN XAVIER INDIAN RESERVATION.—The

14 term ‘San Xavier Indian Reservation’ means the

15 Reservation established by the Executive Order of

16 July 1, 1874, which is a part of the Tohono

17 O’odham Nation and has boundaries coterminous

18 with those of the San Xavier District.

19 ‘‘(27) SCHUK TOAK FARM.—The term ‘Schuk

20 Toak Farm’ means a farm constructed in the east21 ern Schuk Toak District served by the irrigation sys22 tem provided for under section 304(c)(3).

23 ‘‘(28) SECRETARY.—The term ‘Secretary’

24 means the Secretary of the Interior.
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1 ‘‘(29) SETTLEMENT AGREEMENT.—The term

2 ‘Settlement Agreement’ means the agreement and all

3 exhibits and attachments thereto settling and dis4 missing with prejudice the claims of United States

5 v. Tucson, Adams v. United States and Counts 1

6 through 4 of the consolidated claims of Alvarez v.

7 Tucson as executed by the parties and filed with the

8 court.

9 ‘‘(30) SHORTAGE YEAR.—The term ‘shortage

10 year’ means any calendar year for which the Sec11 retary has declared a water shortage on the Colo12 rado River pursuant to the agreement of December

13 11, 1980, and applicable Federal law.

14 ‘‘(31) SUBJUGATE.—The term ‘subjugate’

15 means to prepare land for the growing of crops

16 through irrigation.

17 ‘‘(32) TRANSACTION DATE.—The term ‘trans18 action date’ means the date designated by the Na19 tion on which the Nation intends to enter into a

20 sale, assignment, exchange, lease, option to lease or

21 other disposal of water pursuant to section 310(c).

22 ‘‘(33) TUCSON MANAGEMENT AREA.—The term

23 ‘Tucson Management Area’ means the area of land

24 corresponding to the area initially designated as the

25 Tucson Active Management Area pursuant to the
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1 Arizona Groundwater Management Act of 1980 (ses2 sion laws of the State of Arizona, 1980, 34th legisla3 ture, fourth special session, chapter 1) (subsequently

4 divided into the Tucson Active Management Area

5 and the Santa Cruz Active Management Area pursu6 ant to Arizona Laws of 1994, Ch. 296) and that

7 part of the Upper Santa Cruz Basin not within the

8 area initially designated as the Tucson Active Man9 agement Area.

10 ‘‘(34) TUCSON INTERIM WATER LEASE.—The

11 term ‘Tucson Interim Water Lease’ means the lease

12 between the city of Tucson, Arizona and the Nation,

13 dated October 24, 1992, as amended and extended.

14 ‘‘(35) TUCSON WATER LEASE.—The term ‘Tuc15 son Water Lease’ means the lease between the city

16 of Tucson, Arizona and the Nation referred to in

17 section 310(j).

18 ‘‘(36) TURNOUT.—The term ‘turnout’ means,

19 with respect to the Central Arizona Project, a point

20 of water delivery on the Central Arizona Project aq21 ueduct.

22 ‘‘(37) UNDERGROUND STORAGE.—The term

23 ‘underground storage’ means direct storage, indirect

24 storage and deferred storage as described in section

25 308.
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1 ‘‘(38) UNITED STATES V. TUCSON.—The term

2 ‘United States v. Tucson’ means United States et al.

3 v. the City of Tucson, et al. (Civ. No. 75–39 TUC

4 consol. with Civ. No. 75–51 TUC–FRZ (D. Ariz.)).

5 ‘‘(39) VALUE.—The term ‘value’ means the

6 value attributed to the water based on the antici7 pated or actual use of the water, or its fair market

8 value, whichever is greater.

9 ‘‘SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGA10 TIONS.

11 ‘‘(a) WATER DELIVERY.—With respect to the agree12 ment entered into by the Nation on October 11, 1983,

13 with the United States as required by section 306(a) (as

14 in effect on the day before the date of enactment of the

15 Arizona Water Settlement Act of 2000), the Secretary

16 shall deliver, on an annual basis, from the main project

17 works of the Central Arizona Project, a total of 37,800

18 acre-feet of water suitable for agricultural use, of which—

19 ‘‘(1) 27,000 acre-feet shall be deliverable for

20 use to the San Xavier Indian Reservation or shall

21 otherwise be used in accordance with section 310;

22 and

23 ‘‘(2) 10,800 acre-feet shall be deliverable for

24 use to the eastern Schuk Toak District or shall oth25 erwise be used in accordance with section 310.
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1 ‘‘(b) CONSTRUCTION.—The Secretary shall, without

2 cost to the Nation, allottees, the San Xavier Cooperative

3 Association, or the San Xavier Allottees Association, as

4 part of the main project works of the Central Arizona

5 Project, design, construct, operate, maintain, and replace

6 the delivery and distribution systems appropriate to

7 deliver—

8 ‘‘(1) 27,000 acre-feet of water for irrigation use

9 to the San Xavier Indian Reservation; and

10 ‘‘(2) 10,800 acre-feet of water for irrigation use

11 to the eastern Schuk Toak District.

12 ‘‘(c) DUTIES OF THE SECRETARY.—

13 ‘‘(1) COMPLETION OF DELIVERY AND DIS14 TRIBUTION SYSTEM AND IMPROVEMENT TO EXIST15 ING IRRIGATION SYSTEM.—Except as provided in

16 subsection (d), not later than 2 years after the effec17 tive date described in section 317, the Secretary

18 shall complete the design and construction of the de19 livery and distribution system and, not later than 8

20 years after such effective date, the Secretary shall

21 complete improvements to the irrigation system that

22 serves the Cooperative Farm on such effective date.

23 Upon completion of such improvements, the irriga24 tion system shall serve not less than 900 and not

25 more than 1,000 net irrigable acres.
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1 ‘‘(2) EXTENSION OF EXISTING IRRIGATION SYS2 TEM WITHIN THE SAN XAVIER INDIAN RESERVA3 TION.—Except as provided in subsection (d), not

4 later than 8 years after the effective date described

5 in section 317, the Secretary shall complete the de6 sign and construction of the extension of the irriga7 tion system that serves the Cooperative Farm on

8 such effective date. Upon completion of the exten9 sion, the irrigation system shall serve 2,289 net irri10 gable acres.

11 ‘‘(3) IRRIGATION AND DELIVERY AND DIS12 TRIBUTION SYSTEMS IN THE EASTERN SCHUK TOAK

13 DISTRICT.—Except as provided in subsection (d),

14 not later than 1 year after the effective date de15 scribed in section 317, the Secretary shall complete

16 the design and construction of an irrigation system

17 and delivery and distribution system to serve a farm

18 of not less than 2,200 and not more than 2,400 net

19 irrigable acres in the eastern Schuk Toak District.

20 ‘‘(d) EXTENSION OF DEADLINES.—

21 ‘‘(1) IN GENERAL.—The Secretary may extend

22 a deadline under subsection (c) if the Secretary

23 makes a finding that the deadline cannot be met by

24 reason of—
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•S 3231 IS

1 ‘‘(A) a material breach by the contractor of

2 a contract that is relevant to carrying out a

3 project described in subsection (c) (referred to

4 in this subsection as a ‘relevant contract’);

5 ‘‘(B) the inability of a contractor, under a

6 relevant contract, to carry out the contract by

7 reason of force majeure, as defined by the Sec8 retary in the contract;

9 ‘‘(C) unavoidable delays in compliance with

10 applicable Federal and tribal laws (as deter11 mined by the Secretary), including the National

12 Environmental Policy Act and the Endangered

13 Species Act; or

14 ‘‘(D) stoppages in work resulting from the

15 imposition of confiscatory or discriminatory

16 taxes or fees.

17 ‘‘(2) NOTICE OF FINDING.—If the Secretary ex18 tends a deadline under paragraph (1), the Secretary

19 shall issue a notice and shall—

20 ‘‘(A) include an estimate of the additional

21 period of time needed to complete the project

22 that is the subject of the extension; and

23 ‘‘(B) specify a deadline that provides for a

24 period not longer than the period described in

25 subparagraph (A).
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1 ‘‘(e) AUTHORITY OF THE SECRETARY.—To carry out

2 this title, after giving reasonable notice, the Secretary is

3 authorized to enter upon, construct works on, and take

4 such other actions as are related to the entry or construc5 tion on lands within the San Xavier District and the

6 Schuk Toak District of the Nation, except that the Sec7 retary shall comply with all otherwise applicable laws of

8 the Nation (including local laws of the San Xavier District

9 and the Schuk Toak District) and the United States.

10 Nothing in this subsection shall be construed to prevent

11 the United States or any Federal official, agent, employee

12 or contractor from conducting official Federal business or

13 duties, including obligations under this title within the

14 eastern Schuk Toak District and the San Xavier District.

15 ‘‘(f) PAYMENTS TO THE SAN XAVIER DISTRICT.—

16 ‘‘(1) CONSTRUCTION OF IRRIGATION SYS17 TEM.—Pursuant to section 303(a)(1)(B) (as in ef18 fect on the day before the date of enactment of the

19 Arizona Water Settlement Act of 2000), the Sec20 retary shall provide for the design and construction,

21 within the San Xavier Indian Reservation, of an irri22 gation system which includes additional canals,

23 laterals, farm ditches, and irrigation works as are

24 necessary for the efficient distribution for agricul25 tural purposes of that portion of the 27,000 acre-
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•S 3231 IS

1 feet of water not required for the irrigation system

2 described in paragraphs (1)(A) and (2)(A) of section

3 303(c) (as in effect on the day before the date of en4 actment of the Arizona Water Settlement Act of

5 2000).

6 ‘‘(2) PAYMENT IN LIEU OF OBLIGATION.—The

7 Secretary of the Treasury shall, not later than 1

8 year after the end of the fiscal year that includes the

9 effective date described in section 317, pay to the

10 San Xavier District $18,300,000 in lieu of the

11 United States fulfilling its obligations to construct

12 ‘such additional canals, laterals, farm ditches and ir13 rigation works as are necessary for the efficient dis14 tribution for agricultural purposes of the water re15 ferred to in subparagraph (A)’ as required by sec16 tion 303(a)(1)(B) (as in effect on the day before the

17 date of enactment of the Arizona Water Settlement

18 Act of 2000).

19 ‘‘(g) USE OF FUNDS.—

20 ‘‘(1) IN GENERAL.—With respect to funds re21 ceived under subsection (f), the San Xavier

22 District—

23 ‘‘(A) shall hold such funds in trust and in24 vest such funds in interest-bearing deposits and

25 securities until expended;
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1 ‘‘(B) may expend the principal of such

2 funds, and the interest and dividends accruing

3 thereon, only pursuant to a budget authorized

4 by the San Xavier District Council and ap5 proved by resolution of the Nation’s Legislative

6 Council; and

7 ‘‘(C) expend such funds—

8 ‘‘(i) for the subjugation of land, devel9 opment of water resources, and the con10 struction, operation, maintenance, and re11 placement of the facilities within the San

12 Xavier Indian Reservation that are not the

13 obligation of the United States under this

14 title or under any other provision of law;

15 ‘‘(ii) to provide governmental services,

16 including senior citizen programs, health

17 care, education, economic development

18 loans and assistance, and legal assistance

19 programs;

20 ‘‘(iii) to provide benefits to the

21 allottees;

22 ‘‘(iv) to fund activities of the San Xa23 vier Allottees Association; and

24 ‘‘(v) to pay any administrative costs

25 incurred by the Nation or the San Xavier
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•S 3231 IS

1 District in conjunction with any of the ac2 tivities described in clauses (i) through

3 (iv).

4 ‘‘(2) NO LIABILITY OF SECRETARY; LIMITA5 TION.—The Secretary shall not be responsible for

6 the review, approval or audit of the use and expendi7 ture of the funds referred to in this subsection and

8 subsection (f), nor shall the Secretary be subject to

9 liability for any claim or cause of action arising from

10 the Nation’s or the San Xavier District’s use and ex11 penditure of such funds. No portion of such funds

12 shall be used for per capita payments to any mem13 bers of the Nation or allottees.

14 ‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; AL15 TERNATIVE WATER SUPPLIES.

16 ‘‘(a) AMENDMENT OF AGREEMENTS.—The Secretary

17 and the Nation shall make such amendments to the agree18 ment of December 11, 1980, and the agreement of Octo19 ber 11, 1983, as are necessary to carry out this title.

20 ‘‘(b) DELIVERY OF WATER.—

21 ‘‘(1) IN GENERAL.—The Secretary shall deliver

22 water from the main project works of the Central

23 Arizona Project, in such amounts, and according to

24 such terms and conditions, as are set forth in the

25 Agreement of December 11, 1980, and the Agree-
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•S 3231 IS

1 ment of October 11, 1983 (including any amend2 ments made to the agreements pursuant to sub3 section (a)), to any or all of the following:

4 ‘‘(A) The San Xavier Cooperative Farm.

5 ‘‘(B) The eastern Schuk Toak District.

6 ‘‘(C) Turnouts existing on the date of en7 actment of the Arizona Water Settlement Act of

8 2000, as specified in writing by the Nation.

9 ‘‘(D) Any other point or points of delivery

10 on the Central Arizona Project main aqueduct

11 agreed to by the Secretary and the Nation.

12 ‘‘(2) DELIVERY.—The Secretary shall deliver

13 the water specified in section 304(a) and section

14 306, or an equivalent quantity from the source iden15 tified in subsection (c), notwithstanding—

16 ‘‘(A) a declaration by the Secretary of a

17 water shortage on the Colorado River; or

18 ‘‘(B) any other occurrence affecting water

19 delivery caused by an act or omission of the

20 Secretary, the United States, or any of their

21 employees, officials, contractors or agents.

22 ‘‘(c) ACQUISITION OF LAND AND WATER.—

23 ‘‘(1) IN GENERAL.—If the Secretary, pursuant

24 to the terms and conditions of the agreements re25 ferred to in subsection (b)(1), is unable, during any
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•S 3231 IS

1 year, to deliver from the main project works of the

2 Central Arizona Project any portion of the full

3 amount of water specified in paragraphs (1) and (2)

4 of section 304(a) and section 306, the Secretary

5 shall acquire and deliver an equivalent quantity of

6 water from any source, except that the Secretary

7 shall not acquire any water in a transaction which

8 would cause depletion of ground water supplies or

9 aquifers in the San Xavier District or the eastern

10 Schuk Toak District. The Secretary may acquire

11 private lands or interests therein having rights in

12 surface or ground water recognized under State law,

13 that are necessary for the acquisition and delivery of

14 water under this subsection.

15 ‘‘(2) PROHIBITION ON TAKING.—The Secretary

16 may not acquire any land, water, water rights, or

17 contract rights under paragraph (1) without the con18 sent of the owner.

19 ‘‘(3) PREFERENCE.—In acquiring any private

20 lands, the Secretary shall give preference to the ac21 quisition of lands upon which water has been put to

22 beneficial use during any 1-year period during the 5-

23 year period preceding the date of acquisition of the

24 water.
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1 ‘‘(4) DELIVERIES FROM ACQUIRED LANDS.—

2 Deliveries of water from lands described in para3 graph (1) shall be made only to the extent such

4 water may be transported within the Tucson man5 agement area pursuant to applicable law.

6 ‘‘(5) DELIVERY OF EFFLUENT.—Except upon

7 the prior written consent of the Nation, the Sec8 retary shall not directly deliver effluent to the Na9 tion under this subsection. The Secretary shall not

10 construct a separate delivery system to deliver efflu11 ent to the San Xavier Indian Reservation or the

12 eastern Schuk Toak District. Nothing in this para13 graph shall be construed as imposing an obligation

14 on the United States to deliver effluent to the Na15 tion.

16 ‘‘(d) AGREEMENTS AND CONTRACTS.—To facilitate

17 the delivery of water to the San Xavier Indian Reservation

18 and the eastern Schuk Toak District under this title, the

19 Secretary may enter into a contract or agreement with the

20 State of Arizona or any political subdivision of the State,

21 an irrigation district or project, or an authority, corpora22 tion, partnership, individual, or other legal entity—

23 ‘‘(1) for—

24 ‘‘(A) the exchange of water; or
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•S 3231 IS

1 ‘‘(B) the use of aqueducts, canals, con2 duits, and other facilities for water delivery, in3 cluding pumping plants; or

4 ‘‘(2) to use facilities constructed in whole or in

5 part with Federal funds.

6 ‘‘(e) DAMAGES AND DISBURSEMENTS.—

7 ‘‘(1) DAMAGES.—If the Secretary is unable to

8 acquire and deliver sufficient quantities of water

9 that are adequate to fulfill the obligations of the

10 Secretary under paragraphs (1) and (2) of section

11 304(a), this section, or section 306, the Secretary

12 shall pay damages in amounts equal to—

13 ‘‘(A)(i) the value of such quantities of

14 water as are not acquired and delivered where

15 the delivery and distribution system for, and

16 the improvements to, the existing irrigation sys17 tem for the cooperative farm have not been

18 completed by the deadline described in section

19 304(c)(1)(A); or

20 ‘‘(ii) the value of such quantities of water

21 ordered by the Nation for use by the coopera22 tive association in the existing irrigation system

23 and not delivered in any calendar year;

24 ‘‘(B)(i) the value of such quantities of

25 water as are not acquired and delivered where
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•S 3231 IS

1 the extension of the existing irrigation system is

2 not completed by the deadline described in sec3 tion 304(c)(2)(A); or

4 ‘‘(ii) the value of such quantities of water

5 ordered by the Nation for use by the coopera6 tive association in the extension to the existing

7 irrigation system and not delivered in any cal8 endar year; and

9 ‘‘(C)(i) the value of such quantities of

10 water as are not acquired and delivered where

11 the irrigation system is not completed by the

12 deadline described in section 304(c)(3); or

13 ‘‘(ii) except as provided in clause (i), the

14 value of such quantities of water ordered by the

15 Nation for use in such irrigation system or for

16 use by any person or entity, other than the co17 operative association, and not delivered in any

18 calendar year;

19 ‘‘(2) DISBURSEMENT.—The damages payable

20 pursuant to paragraph (1) shall be disbursed as fol21 lows:

22 ‘‘(A) With respect to damages payable

23 under subparagraphs (A) and (B) of such para24 graph, to the cooperative association.
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•S 3231 IS

1 ‘‘(B) With respect to damages payable

2 under subparagraph (C) of such paragraph, to

3 the Nation for retention by the Nation or dis4 bursement to water users, pursuant to the pro5 visions of the Nation’s water code or other ap6 plicable laws of the Nation.

7 ‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this

8 section shall be construed to authorize the Secretary to

9 acquire or disturb the water rights of any Indian tribe,

10 band, group, or community.

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There are authorized to be

13 appropriated, in addition to any other amounts au14 thorized to be appropriated under this title, an

15 amount equal to the portion of the total costs of

16 phase B of the Tucson Aqueduct of the Central Ari17 zona Project that the Secretary determines to be

18 properly allocable to the construction of facilities for

19 the delivery of water to Indian lands under this title.

20 ‘‘(2) AUTHORITY FOR CASH OUT PAYMENTS.—

21 There is authorized to be appropriated, $18,300,000

22 to make the payment required in section 304(f).

23 ‘‘(3) ADDITIONAL AUTHORIZATION.—There is

24 authorized to be appropriated, not to exceed

25 $3,500,000 to be used for those features of the irri-
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•S 3231 IS

1 gation systems described in paragraphs (1) through

2 (3) of section 304(c) that are not authorized to be

3 constructed under any other provision of law. The

4 amount described in the preceding sentence may be

5 adjusted to account for ordinary fluctuations in the

6 costs of construction from October 12, 1982, as indi7 cated by engineering cost indices applicable to the

8 type of construction involved.

9 ‘‘SEC. 306. ADDITIONAL WATER DELIVERY.

10 ‘‘(a) IN GENERAL.—In addition to the delivery of

11 water described in section 304(a), the Secretary shall de12 liver, on an annual basis, from the main project works of

13 the Central Arizona Project, a total of 28,200 acre feet

14 of water suitable for agricultural use, of which—

15 ‘‘(1) 23,000 acre feet shall be deliverable for

16 use to the San Xavier Indian Reservation or shall

17 otherwise be used in accordance with section 310;

18 and

19 ‘‘(2) 5,200 acre feet shall be deliverable for use

20 to the eastern Schuk Toak District or shall other21 wise be used in accordance with section 310.

22 ‘‘(b) FIRMING OF SECTION 305 WATER.—

23 ‘‘(1) IN GENERAL.—The source of water to

24 meet the obligation described in subsection (a) shall

25 be Central Arizona Project Non-Indian Agricultural
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•S 3231 IS

1 (referred to in this section as ‘NIA’) priority water.

2 The Secretary is authorized and directed to firm

3 such NIA priority water against the potential of fu4 ture shortages within the Central Arizona Project

5 system to a priority equal to Central Arizona Project

6 Municipal and Industrial priority water for a 100-

7 year period. Reclaimed water available to the Sec8 retary from the city of Tucson agreement of October

9 11, 1983, may be used for such firming obligation.

10 ‘‘(2) DEFINITIONS.—In this section:

11 ‘‘(A) M&I PRIORITY WATER.—The term

12 ‘M&I priority water’ means Central Arizona

13 Project water having a municipal and industrial

14 delivery priority under the Central Arizona

15 Project Master Repayment Contract.

16 ‘‘(B) NIA PRIORITY WATER.—The term

17 ‘NIA priority water’ means Central Arizona

18 Project water having a non-Indian agricultural

19 delivery priority under the Central Arizona

20 Project Master Repayment Contract.

21 ‘‘(c) STATE CONTRIBUTION.—To assist the Secretary

22 in meeting the firming obligation under subsection (b), the

23 State of Arizona shall contribute not to exceed

24 $3,000,000, on a mutually acceptable schedule of funding

25 or services through the Arizona Water Banking Authority,
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1 for firming the NIA priority water to a priority equal to

2 Central Arizona Project M&I priority water for a 100 year

3 period.

4 ‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIV5 ERY, REVENUE SHARING.

6 ‘‘(a) CONDITIONS TO SECRETARY’S ACTIONS.—The

7 Secretary shall carry out the obligations under paragraphs

8 (1), (2) and (3) of section 304(c), subsections (b), (c) and

9 (e) of section 305, and section 306 only if—

10 ‘‘(1) the Nation agrees—

11 ‘‘(A) except as provided in section 308, to

12 limit the quantity of ground water withdrawn

13 by nonexempt wells from beneath the San Xa14 vier Indian Reservation to not more than

15 10,000 acre-feet per year;

16 ‘‘(B) except as provided in section 308, to

17 limit the quantity of ground water withdrawn

18 by nonexempt wells from beneath the eastern

19 Schuk Toak District to not more than 3,200

20 acre-feet per year;

21 ‘‘(C) to comply with the Water Manage22 ment Plan established by the Secretary under

23 section 308;

24 ‘‘(D) to consent to the San Xavier District

25 being deemed a ‘tribal organization’ as defined
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•S 3231 IS

1 in section 900.6 of title 25, Code of Federal

2 Regulations, (or any subsequent similar regula3 tion) pursuant to section 900.8(d) of such title,

4 and subject to compliance with other applicable

5 provisions of part 900 of title 25, Code of Fed6 eral Regulations, (or any subsequent similar

7 regulation) to consent to contracting by the San

8 Xavier District under section 313(b), on the

9 condition that—

10 ‘‘(i) the plaintiffs in United States v.

11 Tucson, Alvarez v. Tucson and Adams v.

12 United States have stipulated to the dis13 missal, with prejudice, of claims in such

14 lawsuits (other than the claims in Alvarez

15 v. Tucson that are preserved under section

16 315(d)) and those lawsuits have been fi17 nally dismissed with prejudice;

18 ‘‘(ii) the San Xavier Cooperative Asso19 ciation has agreed to assume responsibility,

20 following the completion of each of the irri21 gation systems described in paragraphs (1)

22 and (2) of section 303(c) and upon the de23 livery of water through such system, for

24 the operation, maintenance and replace25 ment of such system in accordance with
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•S 3231 IS

1 the first section of the Act of August 1,

2 1914 (25 U.S.C. 385); and

3 ‘‘(iii) with respect to the consent of

4 the Nation to such contracting—

5 ‘‘(I) such consent is limited solely

6 to contracts for—

7 ‘‘(aa) the design and con8 struction of the delivery and dis9 tribution system and the rehabili10 tation of the existing irrigation

11 system for the Cooperative Farm,

12 the extension of the irrigation

13 system for the Cooperative Farm,

14 and the subjugation of lands to

15 be served by such systems;

16 ‘‘(bb) the design and con17 struction of storage facilities sole18 ly for water deliverable for use

19 within the San Xavier Indian

20 Reservation; and

21 ‘‘(cc) the completion of a

22 water resources study of the San

23 Xavier Indian Reservation and

24 the preparation of a Water Man25 agement Plan under section 308;
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•S 3231 IS

1 ‘‘(II) the Nation shall reserves

2 the right to seek retrocession, or re3 assumption of any such contract and

4 recontracting with the Nation pursu5 ant to subpart P and other applicable

6 provisions of part 900 of title 25,

7 Code of Federal Regulations (or any

8 subsequent similar regulations);

9 ‘‘(III) the Nation, upon giving

10 such consent, shall be released from

11 any responsibility, liability, claim, or

12 cost from and after the date of such

13 consent, with respect to past action or

14 inaction by the Nation, and subse15 quent action or inaction by the San

16 Xavier District relating to the design

17 and construction of irrigation systems

18 for the Cooperative Farm or the Cen19 tral Arizona Project Link Pipeline;

20 and

21 ‘‘(IV) the Secretary shall, upon

22 the request of the Nation, execute a

23 waiver and release that conforms to

24 the requirements of subparagraph

25 (E);
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•S 3231 IS

1 ‘‘(E) to subjugate, at no cost to the United

2 States, the lands for which the irrigation sys3 tems under paragraphs (2) and (3) of section

4 303(c) will be planned, designed, and con5 structed by the Secretary, on the condition

6 that—

7 ‘‘(i) the obligation of the Nation to

8 subjugate the lands in the Cooperative

9 Farm that are to be served by the exten10 sion of the existing irrigation system pur11 suant to section 303(c)(2) shall be deter12 mined by the Secretary, in consultation

13 with the Nation and the San Xavier Coop14 erative Association; and

15 ‘‘(ii) subject to approval by the Sec16 retary of a contract with the San Xavier

17 District pursuant to section 313(b) to per18 form such subjugation, a determination by

19 the Secretary of the subjugation costs pur20 suant to clause (i) and notice by the San

21 Xavier District to the Nation not less than

22 180 days prior to the date the District

23 Council certifies by resolution that the sub24 jugation is scheduled to commence, the

25 Nation shall pay to the San Xavier District
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•S 3231 IS

1 from the section 311 trust fund, or from

2 other sources of funds held by the Nation,

3 the amount determined by the Secretary

4 pursuant to clause (i), not less than 90

5 days prior to the date the subjugation is

6 scheduled to commence; and

7 ‘‘(F) subject to pre-existing rights and sec8 tion 7 of the Act of February 8, 1887 (25

9 U.S.C. 381), this title, other applicable laws of

10 the United States, the Water Management Plan

11 developed under section 308, the Nation’s water

12 code and other applicable laws of the Nation,

13 that the Nation—

14 ‘‘(i) shall—

15 ‘‘(I) allocate as a first right of

16 beneficial consumptive use by

17 allottees, the San Xavier District and

18 other persons within the San Xavier

19 Indian Reservation—

20 ‘‘(aa) 35,000 acre-feet of the

21 50,000 acre-feet of water deliver22 able under sections 304(a)(1)

23 and 306(a)(1), including the use

24 of such allocation to fulfill the

25 obligations prescribed in the
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•S 3231 IS

1 ASARCO Agreement referred to

2 in section 310(l)(2) and for

3 ground water storage, mainte4 nance of instream flows and

5 maintenance of riparian vegeta6 tion and habitat;

7 ‘‘(bb) the 10,000 acre-feet of

8 ground water identified in section

9 307(a)(1)(A);

10 ‘‘(cc) the ground water with11 drawn from exempt wells;

12 ‘‘(dd) the deferred pumping

13 storage credits identified in sec14 tion 308(e); and

15 ‘‘(ee) the direct and indirect

16 storage credits respectively iden17 tified in subsections (d) and (g)

18 of section 308 which cannot be

19 lawfully transferred or otherwise

20 disposed of to persons for recov21 ery outside the territorial juris22 diction of the Nation; and

23 ‘‘(II) have the right to—

24 ‘‘(aa) use, or authorize other

25 persons or entities to use, any
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•S 3231 IS

1 portion of the allocation of

2 35,000 acre-feet of water deliver3 able under sections 304(a)(1)

4 and 306(a)(1) outside the San

5 Xavier Indian Reservation for the

6 period or periods during which

7 there is no identified actual use

8 of the water within such Reserva9 tion;

10 ‘‘(bb) as a first right of use,

11 use the remaining 15,000 acre12 feet of water deliverable under

13 section 304(a)(1) and 306(a)(1)

14 for any purpose and duration

15 within or outside the territorial

16 jurisdiction of the Nation author17 ized by this title; and

18 ‘‘(cc) subject to the limita19 tions in subsections (c)(2)(F) and

20 (d)(4) of section 308, as an ex21 clusive right, transfer or other22 wise dispose of the direct and in23 direct storage credits which may

24 be lawfully transferred or other25 wise disposed of to persons for
96

•S 3231 IS

1 recovery outside the territorial

2 jurisdiction of the Nation;

3 ‘‘(ii) shall issue permits to persons or

4 entities for use of the water resources re5 ferred to in clause (i);

6 ‘‘(iii) shall, upon timely receipt of

7 water orders by a permittee under a permit

8 for Central Arizona Project water referred

9 to in clause (i), transmit such orders to the

10 United States or operating agency for the

11 Central Arizona Project;

12 ‘‘(iv) shall issue permits for water de13 liverable under sections 304(a)(2) and

14 306(a)(2), including quantities of water

15 reasonably necessary for the irrigation sys16 tem referred to in section 304(c)(3);

17 ‘‘(v) shall issue permits for ground

18 water withdrawable from non-exempt wells

19 in the eastern Schuk Toak District; and

20 ‘‘(vi) shall, upon timely receipt of

21 water orders by a permittee under a permit

22 for water referred to in clause (iv), trans23 mit such orders to the United States or op24 erating agency for the Central Arizona

25 Project; and
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•S 3231 IS

1 ‘‘(2) the plaintiffs in United States v. Tucson,

2 Alvarez v. Tucson and Adams v. United States have

3 stipulated to the dismissal, with prejudice, of claims

4 in such lawsuits (other than the claims in Alvarez v.

5 Tucson preserved under section 315(d)) and those

6 lawsuits have been dismissed with prejudice.

7 ‘‘(b) RESPONSIBILITIES UPON COMPLETION.—Upon

8 completion of an irrigation system described in paragraphs

9 (1) or (2) of section 303(c), the United States and the

10 Nation shall not be responsible for the operation, mainte11 nance, or replacement of the system.

12 ‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN;

13 STORAGE PROJECTS; STORAGE ACCOUNTS;

14 GROUND WATER.

15 ‘‘(a) IN GENERAL.—Certain water rights recognized

16 as owned by the Nation under this title shall be subject

17 to the provisions of section 7 of the Act of February 8,

18 1887 (25 U.S.C. 381) relating to allottee water rights.

19 Such water rights are the rights described in section

20 307(a)(1)(F)(i), excluding the rights of the Nation identi21 fied in section 307(a)(1)(F)(i)(II).

22 ‘‘(b) WATER CODE.—Subject to the provisions of this

23 title and any other applicable law, the Nation shall—
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•S 3231 IS

1 ‘‘(1) manage, regulate, and control the water

2 resources of the Nation including the water re3 sources granted to the Nation under this title;

4 ‘‘(2) establish permit requirements, regulations,

5 conditions, and limitations on the storage, recovery,

6 and use of surface water and ground water; and

7 ‘‘(3) enact and maintain—

8 ‘‘(A) not later than 3 years after the effec9 tive date described in section 317, a comprehen10 sive water code pertaining to those water re11 sources which the Nation or the United States

12 owns or holds for the benefit of the lands within

13 the territorial jurisdiction of the Nation, the In14 dians residing thereon with respect to those

15 lands, the members of the Nation, or any allot16 tee; and

17 ‘‘(B) an Interim Allottee Water Rights

18 Code that—

19 ‘‘(i) designates, pursuant to sub20 section (a), those water rights recognized

21 as owned by the Nation under this title

22 and subject to section 7 of the Act of Feb23 ruary 8, 1887 (25 U.S.C. 381);

24 ‘‘(ii) prescribes the other rights of

25 allottees identified in paragraph (4); and
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1 ‘‘(iii) provides that such code shall be

2 incorporated in the comprehensive water

3 code referred to in subparagraph (A) and

4 in a form substantially the same as that

5 attached to the settlement agreement;

6 ‘‘(4) include in the water code—

7 ‘‘(A) an acknowledgement of the rights set

8 forth in subsection (a);

9 ‘‘(B) a process by which a just and equi10 table distribution of the water resources re11 ferred to in subsection (a) and damages pursu12 ant to section 305(e) shall be provided to

13 allottees;

14 ‘‘(C) a process by which an allottee may

15 request and receive a permit for use of the

16 water resources referred to in subsection (a)

17 which are subject to a first right of beneficial

18 consumptive use or are otherwise available

19 under section 307(a)(1)(F)(i)(ii)(bb), subject to

20 the Nation’s first right of use;

21 ‘‘(D) due process protection of members of

22 the Nation and allottees, that include—

23 ‘‘(i) a fair procedure for the consider24 ation and determination of any request

25 by—
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•S 3231 IS

1 ‘‘(I) a member of the Nation for

2 a permit for use of available water re3 sources granted or confirmed by this

4 title; and

5 ‘‘(II) an allottee for a permit for

6 use of the water resources identified

7 in section 307(a)(1)(F)(i) and subject

8 to a first right of beneficial consump9 tive use or for a permit for use of

10 available water resources identified in

11 section 307(a)(1)(F)(i)(II)(bb), sub12 ject to the Nation’s first right of use;

13 ‘‘(ii) an appeal and adjudication of de14 nied or disputed permits and for resolution

15 of contested administrative decisions; and

16 ‘‘(iii) a waiver by the Nation of its im17 munity only as to proceedings described in

18 clause (ii) for claims of declaratory and in19 junctive relief; and

20 ‘‘(E) a process for satisfying any entitle21 ment to the water resources referred to in sub22 paragraph (C) for which a fee owner of allotted

23 land has received a final determination under

24 applicable law; and
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•S 3231 IS

1 ‘‘(5) submit the water code to the Secretary

2 solely for ratification and approval of the provisions

3 of the water code which implement, as to the

4 allottees, the standards described in paragraph (4).

5 The Secretary shall issue a written ratification and ap6 proval of the water code or provide a written notification

7 to the Nation identifying each instance in which the water

8 code does not satisfactorily conform to the standards de9 scribed in paragraph (4) and setting forth specific correc10 tive language for each asserted deficiency. In the event

11 that the Secretary provides written notification of the need

12 to correct the water code to comply with the standards

13 described in paragraph (4), the Nation shall amend the

14 water code consistent with the Secretary’s recommenda15 tions. Until such time as the Nation amends the water

16 code consistent with the Secretary’s recommendations and

17 the Secretary, thereafter, ratifies and approves the water

18 code, the Secretary shall have the right to exercise any

19 lawful authority conferred in section 7 of the Act of Feb20 ruary 8, 1887 (25 U.S.C. 381). Except as provided in this

21 subsection, nothing in this title shall be construed as re22 quiring the approval by the Secretary of the Nation’s

23 water code or any amendment thereto.

24 ‘‘(c) WATER MANAGEMENT PLANS.—The Secretary

25 shall establish water management plans for the San Xa-
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•S 3231 IS

1 vier Indian Reservation and the eastern Schuk Toak Dis2 trict (referred to in this section as the ‘Plans’). The Plans

3 shall—

4 ‘‘(1) be developed under contracts for the San

5 Xavier Indian Reservation in an amount not to ex6 ceed $891,200 and the eastern Schuk Toak District

7 in an amount not to exceed $237,200 that the Sec8 retary shall enter into with the Nation pursuant to

9 subsection 313(a);

10 ‘‘(2) at a minimum, provide in the Plans—

11 ‘‘(A) for the measurement of all ground

12 water withdrawals, including withdrawals from

13 each well that is not an exempt well under

14 paragraph 303(14);

15 ‘‘(B) for reasonable recordkeeping of water

16 use, including the quantities of water stored un17 derground and recovered each calendar year,

18 and a system for the reporting of withdrawals

19 from each well that is not an exempt well;

20 ‘‘(C) for the direct storage, indirect storage

21 and deferred storage of water, including the im22 plementation of underground storage and recov23 ery projects, as provided for under this section;

24 ‘‘(D) for the annual exchange of informa25 tion collected pursuant to subparagraphs (A)
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•S 3231 IS

1 through (C) with the Arizona Department of

2 Water Resources and the city of Tucson, Ari3 zona;

4 ‘‘(E) for the efficient use of water and the

5 prevention of waste;

6 ‘‘(F) except upon the approval of the Dis7 trict Council for the District in which a direct

8 storage project is established under subsection

9 (d), that no direct storage credits earned in

10 such project be recovered at locations where the

11 recovery will adversely affect surface or ground

12 water supplies or lower the water table any13 where within such District; and

14 ‘‘(G) for amendments to the Plans con15 sistent with this title; and

16 ‘‘(3) be implemented and maintained by the

17 Nation, and for which the Secretary shall have no

18 continuing obligation.

19 ‘‘(d) UNDERGROUND STORAGE AND RECOVERY

20 PROJECTS.—

21 ‘‘(1) ESTABLISHMENT.—The Plans shall au22 thorize the establishment and maintenance of one or

23 more underground storage and recovery projects

24 within the San Xavier Indian Reservation and the

25 eastern Schuk Toak District.
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1 ‘‘(2) DIRECT STORAGE ACCOUNT.—For each

2 underground storage or recovery project which is es3 tablished under paragraph (1), a direct storage ac4 count shall be maintained to credit the quantities of

5 water stored underground and to debit the water re6 covered pursuant to the storage credits.

7 ‘‘(3) CREDITING AND DEBITING ACCOUNT.—

8 The Nation, at the end of each calendar year, begin9 ning with the first full calendar year after the effec10 tive date described in section 317, shall—

11 ‘‘(A) for each storage project under para12 graph (1), credit the quantity of water stored

13 underground within the San Xavier Indian Res14 ervation and within the eastern Schuk Toak

15 District during the year; and

16 ‘‘(B) for each recovery project under para17 graph (1), debit the quantity of water recovered

18 from direct storage during the year.

19 ‘‘(4) LIMITATION.—Direct storage credits in di20 rect storage accounts established for an underground

21 storage and recovery project in the San Xavier In22 dian Reservation shall be recovered under this sub23 section only within the San Xavier Indian Reserva24 tion pursuant to the Water Management Plan devel25 oped for such Reservation pursuant to subsection
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•S 3231 IS

1 (c), except that credits which may be lawfully recov2 ered or transferred outside the San Xavier Indian

3 Reservation shall be held by the Nation and subject

4 to recovery or transfer pursuant to the Water Man5 agement Plan developed for the Reservation or any

6 agreement for the establishment and operation of

7 the underground storage and recovery project from

8 which the credits were earned.

9 ‘‘(e) SAN XAVIER DEFERRED PUMPING STORAGE

10 ACCOUNT.—A deferred pumping storage account shall be

11 established to credit the quantities of water stored under12 ground in lieu of pumping within the San Xavier Indian

13 Reservation and debit the water recovered pursuant to the

14 deferred pumping storage credits. Such account shall be

15 maintained as follows—

16 ‘‘(1) to initiate the account, the Nation shall

17 credit an initial 50,000 acre-feet of water to the ac18 count;

19 ‘‘(2) beginning with the first full calendar year

20 after the effective date described in section 317, the

21 Nation shall—

22 ‘‘(A) if the quantity of ground water with23 drawn from all non-exempt wells on the San

24 Xavier Indian Reservation is less than 10,000

25 acre-feet, credit to the account the difference
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•S 3231 IS

1 between 10,000 acre-feet and the quantity of

2 ground water withdrawn that year by all non3 exempt wells; or

4 ‘‘(B) if the quantity of ground water with5 drawn from all non-exempt wells on the San

6 Xavier Indian Reservation is more than 10,000

7 acre-feet, debit to the account the difference be8 tween the ground water withdrawn from all

9 non-exempt wells and 10,000 acre-feet.

10 ‘‘(f) EASTERN SCHUK TOAK DEFERRED PUMPING

11 STORAGE ACCOUNT.—A deferred pumping storage ac12 count shall be established to credit the quantities of water

13 stored underground in lieu of pumping within the eastern

14 Schuk Toak District and debit the water recovered pursu15 ant to the deferred pumping storage credits. Such account

16 shall be maintained as follows—

17 ‘‘(1) to initiate the account, the Nation shall

18 credit an initial 16,000 acre-feet of water to the ac19 count;

20 ‘‘(2) beginning with the first full calendar year

21 after the effective date described in section 317, the

22 Nation shall—

23 ‘‘(A) if the quantity of ground water with24 drawn from all non-exempt wells within the

25 eastern Schuk Toak District is less than 3,200
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•S 3231 IS

1 acre-feet, credit to the account the difference

2 between 3,200 acre-feet and the quantity of

3 ground water withdrawn that year by all non4 exempt wells; or

5 ‘‘(B) if the quantity of ground water with6 drawn from all non-exempt wells within the

7 eastern Schuk Toak District is more than 3,200

8 acre-feet, debit to the account the difference be9 tween the ground water withdrawn from all

10 non-exempt wells and 3,200 acre-feet.

11 ‘‘(g) SAN XAVIER INDIRECT STORAGE ACCOUNT.—

12 An indirect storage account shall be established to credit

13 the quantities of effluent and Central Arizona Project

14 water delivered to a person or entity within the San Xavier

15 Indian Reservation in substitution for an equivalent reduc16 tion in the quantity of ground water withdrawn by such

17 person or entity and to debit the water recovered pursuant

18 to the indirect storage credits.

19 ‘‘(h) SCHUK TOAK INDIRECT STORAGE ACCOUNT.—

20 An indirect storage account shall be established to credit

21 the quantities of effluent and Central Arizona Project

22 water delivered to a person or entity within the eastern

23 Schuk Toak District in substitution for an equivalent re24 duction in the quantity of ground water withdrawn by
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•S 3231 IS

1 such person or entity and to debit the water recovered pur2 suant to the indirect storage credits.

3 ‘‘(i) ADDITIONAL GROUND WATER.—

4 ‘‘(1) SAN XAVIER INDIAN RESERVATION.—In

5 addition to the 10,000 acre-feet of ground water

6 that may be pumped annually within the San Xavier

7 Indian Reservation in accordance with the agree8 ment that the Nation has entered into with the Sec9 retary pursuant to subsection 307(a), the Nation

10 may recover annually within the San Xavier Indian

11 Reservation, all or part of the stored water credits

12 pursuant to subsection (d), deferred pumping stor13 age credits pursuant to subsection (e), and indirect

14 storage credits pursuant to subsection (g), except

15 that the quantity of deferred pumping storage cred16 its recovered under this paragraph shall not exceed

17 50,000 acre-feet for any 10 year period or 10,000

18 acre-feet in any year.

19 ‘‘(2) SCHUK TOAK DISTRICT.—In addition to

20 the 3,200 acre-feet of ground water that the Nation

21 may pump annually within the eastern Schuk Toak

22 District in accordance with the agreement that the

23 Nation has entered into with the Secretary pursuant

24 to subsection 307(a), the Nation may recover annu25 ally within the eastern Schuk Toak District, all or
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•S 3231 IS

1 part of the stored water credits pursuant to sub2 section (d), deferred pumping credits pursuant to

3 subsection (f), and indirect storage credits pursuant

4 to subsection (h), except that the quantity of de5 ferred pumping storage credits recovered shall not

6 exceed 16,000 acre-feet for any 10 year period or

7 3,200 acre-feet in any year.

8 ‘‘(3) INABILITY TO RECOVER GROUND

9 WATER.—The authorization to recover additional

10 ground water pursuant to paragraphs (1) and (2)

11 and the ability of the Nation to withdraw ground

12 water from beneath the eastern Schuk Toak District

13 lying within the Tucson Management Area in excess

14 of the quantities being withdrawn as of January 1,

15 1981, does not warrant or guaranty that such

16 ground water physically exists or can be recovered.

17 The inability to pump or recover such ground water

18 may not be the basis for any claim by the United

19 States or the Nation against any person or entity

20 withdrawing or using water from any common sup21 ply, and the United States and the Nation shall be

22 barred from asserting any and all claims for re23 served water rights with respect to any such water.

24 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in

25 this subsection shall be construed to establish wheth-
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•S 3231 IS

1 er or not there is a reserved right to ground water

2 or whether or not any of the other rights to with3 draw and use ground water under this subsection

4 are Federal reserved water rights. Nothing in this

5 section shall be construed to limit the rights that the

6 United States or the Nation would otherwise have

7 under State law.

8 ‘‘(j) EXEMPT WELLS.—Exempt wells may be drilled

9 within the San Xavier Indian Reservation and within the

10 eastern Schuk Toak District and ground water withdrawn

11 from such exempt wells shall not be subject to the pump12 ing limitations prescribed in this title.

13 ‘‘(k) INABILITY TO ACQUIRE AND DELIVER WATER

14 DURING SHORTAGE YEAR.—If, during any shortage year,

15 the Secretary is unable, by reason of an interruption in

16 delivery or any other reason, to acquire and deliver the

17 quantities of water required to fulfill the obligations of the

18 Secretary under sections 304(a) and 306(a), and the Na19 tion has no remaining credits in either the indirect storage

20 accounts under subsections (f) or (g) or deferred pumping

21 storage accounts established under subsections (d) or (e),

22 the Nation may, during the shortage year pump an addi23 tional quantity of ground water equal to—

24 ‘‘(1) with respect to water from the San Xavier

25 Indian Reservation—
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•S 3231 IS

1 ‘‘(A) the quantity of acre-feet of water de2 livered by the Secretary to the San Xavier In3 dian Reservation in the most recent year that

4 is not a shortage year; less

5 ‘‘(B) the quantity of acre-feet of water de6 livered in the shortage year; and

7 ‘‘(2) with respect to water from the eastern

8 Schuk Toak District—

9 ‘‘(A) the quantity of acre-feet of water de10 livered by the Secretary to the eastern Schuk

11 Toak District in the most recent year that is

12 not a shortage year; less

13 ‘‘(B) the quantity of acre-feet of water de14 livered in the shortage year.

15 ‘‘(l) INABILITY TO ACQUIRE AND DELIVER WATER

16 DURING NONSHORTAGE YEAR.—If, during a year other

17 than a shortage year, the delivery of water by the Sec18 retary to the San Xavier Indian Reservation or the eastern

19 Schuk Toak District is interrupted, and the Nation has

20 no remaining credits in either the direct account of an un21 derground storage and recovery project established under

22 subsection (c) or a deferred pumping storage account es23 tablished under subsections (d) or (e), the Nation may,

24 during the period of such interruption, pump an additional

25 quantity of ground water equivalent to the quantity of
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•S 3231 IS

1 water delivered by the Secretary to the San Xavier Indian

2 Reservation or the eastern Schuk Toak District, respec3 tively, during the same period of time during the most re4 cent preceding nonshortage year.

5 ‘‘(m) STATUTORY CONSTRUCTION.—

6 ‘‘(1) PAYMENT OF DAMAGES.—Nothing in sub7 section (k) or (l) shall be construed to affect, or re8 lieve the Secretary from, any obligation to pay dam9 ages as provided for in subsection 305(e).

10 ‘‘(2) FEDERAL RESERVED RIGHTS.—Nothing in

11 this title shall be construed to establish the applica12 bility or inapplicability of any doctrine of Federal re13 served rights to ground water.

14 ‘‘SEC. 309. STATUS OF LANDS ACQUIRED IN EXCHANGE FOR

15 LANDS WITHIN THE GILA BEND INDIAN RES16 ERVATION.

17 ‘‘(a) IN GENERAL.—Lands acquired to replace lands

18 within the Gila Bend Indian Reservation that are rendered

19 unsuitable for agriculture by reason of the operation of

20 the Painted Rock Dam and lands taken into trust pursu21 ant to section 308(c) (as in effect on the day before the

22 date of enactment of the Arizona Water Settlement Act

23 of 2000) shall be deemed to have been reserved as of the

24 date of the reservation of the lands which they replace.
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•S 3231 IS

1 ‘‘(b) PART OF RESERVATION.—The lands exchanged

2 under this title shall be held in trust for the Nation and

3 shall be part of the Gila Bend Reservation for all pur4 poses. Such lands shall be deemed to have been reserved

5 as of the date of the reservation of the lands for which

6 they are exchanged.

7 ‘‘SEC. 310. USES OF WATER.

8 ‘‘(a) PERMISSIBLE USES.—

9 ‘‘(1) IN GENERAL.—Any use of water referred

10 to in this section or other provisions of this title

11 shall be subject to the limitations imposed herein or

12 by other applicable law.

13 ‘‘(2) SPECIFIC USES.—The Nation shall have

14 the right to devote all water supplies granted or con15 firmed to the Nation under this title, whether deliv16 ered by the Secretary or pumped by the Nation, to

17 any use, including any agricultural, municipal, do18 mestic, industrial, commercial, mining, underground

19 storage, instream flows, maintenance of riparian

20 habitat or recreational use.

21 ‘‘(b) USE AREA.—

22 ‘‘(1) USE WITHIN RESERVATION.—Subject only

23 to the limitations contained in subsection (d), the

24 Nation may use the water supplies acquired pursu25 ant to sections 304(a) and 306(a), ground water
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•S 3231 IS

1 supplies, and direct, indirect and deferred pumping

2 storage credits acquired under sections 307 and 308

3 anywhere within the Nation’s territorial jurisdiction.

4 ‘‘(2) USE OUTSIDE RESERVATION.—

5 ‘‘(A) IN GENERAL.—Water received by the

6 Nation pursuant to this title may only be sold,

7 leased, transferred, or used outside of the Na8 tion’s territorial jurisdiction, as authorized by

9 this title.

10 ‘‘(B) USE WITHIN CERTAIN AREA.—Sub11 ject only to the limitations contained in sub12 section (c), the Nation may use the water sup13 plies acquired pursuant to sections 304(a) and

14 306(a) within the Central Arizona Project Serv15 ice Area.

16 ‘‘(C) COMPLIANCE WITH LAWS.—The Na17 tion may use the ground water supplies and di18 rect storage credits and the indirect storage

19 credits acquired under section 308 anywhere

20 outside of the Nation’s territorial jurisdiction

21 and within the State of Arizona, subject to

22 compliance with applicable State laws.

23 ‘‘(D) LIMITATION.—None of the water

24 supplies acquired pursuant to sections 304(a)

25 and 306(a) shall be leased, exchanged, forborne
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•S 3231 IS

1 or otherwise transferred in any way by the Na2 tion for use directly or indirectly outside of the

3 State of Arizona. Nothing in this title shall be

4 construed as a limitation on the Nation’s ability

5 to enter into any agreement with the Arizona

6 Water Banking Authority, or its successor

7 agency or entity, in accordance with State law.

8 ‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EX9 CHANGES AND LEASES; RIGHT OF FIRST REFUSAL.—

10 ‘‘(1) IN GENERAL.—The Nation may, for a

11 term of not to exceed 100 years, assign, exchange,

12 lease, provide an option to lease, or temporarily dis13 pose of water to which the Nation is entitled to

14 under sections 304(a) and 306(a) and direct and in15 direct storage credits acquired under sections 307

16 and 308 to users outside the Nation’s territorial ju17 risdiction if such assignment, exchange, lease, op18 tion, or disposal is in accordance with this sub19 section.

20 ‘‘(2) LIMITATION ON ALIENATION.—The Nation

21 may not permanently alienate any water rights

22 under paragraph (1).

23 ‘‘(3) AUTHORIZED USES.—The water described

24 in paragraph (1) shall be delivered within the Cen-
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•S 3231 IS

1 tral Arizona Project Service Area for any use au2 thorized under applicable laws governing the user.

3 ‘‘(4) CONTRACT.—The transaction with respect

4 to water described in paragraph (1) shall be made

5 pursuant to a contract that the Nation has accepted

6 and ratified pursuant to a resolution of the Nation’s

7 Legislative Council, and shall be approved by the

8 Secretary as trustee of the Nation.

9 ‘‘(5) ACTIONS.—The contract referred to in

10 paragraph (4) shall specifically provide that an ac11 tion may be maintained by the contracting party

12 against the United States and the Secretary for a

13 breach of the contract by the United States or Sec14 retary.

15 ‘‘(6) TERMS EXCEEDING 25 YEARS.—

16 ‘‘(A) OFFERS.—In the event that the Na17 tion offers a contract under paragraph (4) with

18 a term of more than 25 years, the Nation shall

19 agree to initially make such offer to users with20 in the Tucson Management Area.

21 ‘‘(B) ARBITRATION.—In the event that a

22 party proposes to enter into a contract de23 scribed in subparagraph (A) for use of the

24 water within the Tucson Management Area, but

25 the Nation and the proposing party cannot
117

•S 3231 IS

1 agree on the consideration to be paid by the

2 proposing party for such contract, the issue of

3 consideration may be submitted by the Nation

4 or the proposing party to the American Arbitra5 tion Association for arbitration by a panel of 3

6 arbitrators, with any such arbitration pro7 ceeding to be conducted in accordance with the

8 Commercial Arbitration Rules of the Associa9 tion and pursuant to the following:

10 ‘‘(i) In resolving the controversy over

11 consideration, the arbitrators shall take

12 into account the consideration given and

13 accepted in other contracts for the sale, as14 signment, lease or option to lease of water

15 of comparable reliability for comparable

16 terms and with comparable contract provi17 sions in the State of Arizona.

18 ‘‘(ii) The final decision or award re19 sulting from such arbitration shall be advi20 sory, and shall not be binding or enforce21 able against either party. Except with re22 spect to the United States, the arbitrators’

23 assessment of costs against the parties

24 shall be binding and enforceable.
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•S 3231 IS

1 ‘‘(7) USE OUTSIDE TUCSON MANAGEMENT

2 AREA.—In the event that the Nation receives no pro3 posal for the use of the water within the Tucson

4 Management Area under paragraph (6), or the Na5 tion and a proposing party are unable to reach

6 agreement after advisory arbitration under such

7 paragraph, the Nation’s offer may be extended for

8 use of the water outside the Tucson Management

9 Area, subject to the provisions of paragraph (8).

10 ‘‘(8) RIGHT OF FIRST REFUSAL.—

11 ‘‘(A) SUBMISSION OF INFORMATION.—On

12 or before the 180th day prior to the Trans13 action Date on which the Nation desires to

14 enter into a transaction under paragraph (4)

15 with an entity intending to use the water ac16 quired pursuant to sections 304(a) and 306(a)

17 and direct and indirect storage credits acquired

18 under sections 307 and 308 outside of the Na19 tion’s territorial jurisdiction and the Tucson

20 Management Area, the Nation shall submit to

21 the Secretary, the President of the Central Ari22 zona Water Conservation District, and the Di23 rector of the Arizona Department of Water Re24 sources, the proposed transaction and all re25 lated exhibits and agreements.
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•S 3231 IS

1 ‘‘(B) NOTICE.—On or before the 150th

2 day prior to the Transaction Date, the Nation,

3 or the Director under agreement with the Na4 tion, shall provide notice of the proposed trans5 action involved by mail to all current Central

6 Arizona Project contractors and subcontractors

7 in the Tucson Management Area, municipal

8 providers that have member service areas in the

9 Central Arizona Groundwater Replenishment

10 District within the Tucson Management Area,

11 and by publication in a newspaper of general

12 circulation in the city of Tucson, Arizona, once

13 a week for two consecutive weeks.

14 ‘‘(C) COUNTEROFFERS.—

15 ‘‘(i) IN GENERAL.—On or before the

16 90th day prior to the Transaction Date,

17 any qualified entity may submit a

18 counteroffer to the Nation with a copy to

19 the Director. If the Nation does not receive

20 any counteroffers from a qualified entity, it

21 may submit the original transaction offer

22 for approval under paragraph (4).

23 ‘‘(ii) DEFINITION.—In clause (i), the

24 term ‘qualified entity’ means any current

25 Central Arizona Project contractor or sub-
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•S 3231 IS

1 contractor within the Tucson Management

2 Area, any municipal provider that has a

3 member service area in the Central Ari4 zona Groundwater Replenishment District

5 within the Tucson Management Area, the

6 Arizona Water Banking Authority so long

7 as it agrees to store the water within the

8 Tucson Management Area, or any other

9 entity that agrees to use the water within

10 the Tucson Management Area and dem11 onstrates the financial and physical ability

12 to utilize the water.

13 ‘‘(9) COUNTEROFFERS.—

14 ‘‘(A) SELECTION.—If the Nation has re15 ceived one or more counteroffers from qualified

16 entities, the Nation shall select one or more of

17 such counteroffers that match or are superior

18 to the original transaction offer. A counteroffer

19 matches or is superior to the original trans20 action offer if it matches the price and other

21 substantive terms of the original transaction

22 offer.

23 ‘‘(B) NO MATCHING OFFER.—If no

24 counteroffer from a qualified entity matches or
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•S 3231 IS

1 is superior to the original transaction offer, the

2 Nation may select the original offer.

3 ‘‘(C) NOTICE.—The Nation shall notify all

4 parties who submitted an offer or counteroffer

5 of its selection and shall submit the selected

6 offer or counteroffer for approval under para7 graph (4).

8 ‘‘(d) LIMITATIONS ON USE, EXCHANGES AND

9 LEASES.—The rights of the Nation to use water supplies

10 pursuant to subsection (a), and to exchange, lease, provide

11 options to lease, or temporarily dispose of the water sup12 plies pursuant to subsection (c), shall be exercised on con13 ditions which assure the availability of water supplies sub14 ject to the first right of beneficial consumptive use in sec15 tion 307(a)(1)(F)(i) and water supplies subject to the pro16 visions of federal law identified in section 308(a).

17 ‘‘(e) REQUIREMENTS FOR LEASES.—In any trans18 action entered into by the Nation under subsection (c)

19 with respect to the Nation’s Central Arizona Project

20 water, the other party shall not be obligated to pay to the

21 United States or the Central Arizona Water Conservation

22 District water service capital charges or any other charges

23 or payments (other than charges and payments for fixed

24 and variable operation, maintenance and replacement) for

25 such Central Arizona Project water.
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•S 3231 IS

1 ‘‘(f) WATER RIGHTS UNAFFECTED BY USE OR NON2 USE.—The lack of use of water by the Nation or the use

3 or lack of use of water by any person or entity with whom

4 the Nation enters into a contract for an exchange, lease,

5 option for the lease or disposition of water pursuant to

6 subsection (c) shall not diminish, reduce or impair.

7 ‘‘(1) the water rights of the Nation, as estab8 lished under this title or any other applicable law; or

9 ‘‘(2) any use rights recognized under this title,

10 including the first right of beneficial consumptive

11 use referred to in section 307(a)(1)(F)(i) or the al12 lottee use rights referred to in section 308(a).

13 ‘‘(g) USE OF PROCEEDS.—The Nation shall use the

14 proceeds from any exchange, lease, option to lease, or dis15 position of water made pursuant to this section for social

16 or economic programs or for any other governmental pur17 pose that benefits the Nation.

18 ‘‘(h) AGREEMENT TO AMEND THE AGREEMENT OF

19 DECEMBER 11, 1980.—Pursuant to section 305(a), the

20 Secretary shall enter into an agreement with the Nation

21 to amend the Agreement of December 11, 1980, to—

22 ‘‘(1) provide that it shall be permanent service,

23 as that term is used in section 5 of the Boulder

24 Canyon Project Act of 1928 (43 U.S.C. 617d), and

25 shall be without term;
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•S 3231 IS

1 ‘‘(2) as set forth in subsection (b)(2), authorize

2 the Nation to exchange, lease, enter into an option

3 to lease or temporarily dispose of water to which the

4 Nation is entitled under sections 304(a) and 306(a);

5 and

6 ‘‘(3) otherwise conform the Agreement of De7 cember 11, 1980 to this title.

8 ‘‘(i) APPROVAL AND CONFIRMATION BY CONGRESS

9 OF AGREEMENTS.—Notwithstanding any other provision

10 of law, any agreement made pursuant to subsection (h)

11 shall be deemed to be approved by Congress.

12 ‘‘(j) APPROVAL BY CONGRESS OF WATER LEASES.—

13 The following leases are hereby ratified and approved by

14 Congress, effective on the effective date described in sec15 tion 317:

16 ‘‘(1) THE TUCSON WATER LEASE.—The Sec17 retary is authorized to approve and execute the Tuc18 son Water Lease in a form substantially the same as

19 that attached to the Settlement Agreement.

20 ‘‘(2) THE ASARCO WATER LEASE.—The Sec21 retary is authorized to approve and execute the

22 ASARCO Water Lease in a form substantially the

23 same as that attached to the Settlement Agreement.
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•S 3231 IS

1 ‘‘(k) DISBURSEMENTS FROM TUCSON INTERIM

2 WATER LEASE, TUCSON WATER LEASE AND ASARCO

3 WATER LEASE.—The Secretary shall—

4 ‘‘(1) disburse to the Nation, without condition,

5 all proceeds from the Tucson Interim Water Lease;

6 ‘‘(2) disburse to the Nation without condition,

7 all proceeds from the Tucson Water Lease; and

8 ‘‘(3) disburse all proceeds from the ASARCO

9 Water Lease to the entities and for the purposes

10 prescribed in such ASARCO Lease and the

11 ASARCO Agreement.

12 ‘‘(l) APPROVAL BY CONGRESS OF AGREEMENTS AND

13 INTERIM ALLOTTEE WATER RIGHTS CODE.—The fol14 lowing agreements and interim allottee water rights code

15 are hereby ratified and approved by the Congress, effective

16 on the effective date described in section 317:

17 ‘‘(1) THE TUCSON AGREEMENT.—The Sec18 retary is authorized to approve and execute the Tuc19 son Agreement in a form substantially the same as

20 that attached to the Settlement Agreement.

21 ‘‘(2) THE ASARCO AGREEMENT.—The Secretary

22 is authorized to approve and execute the ASARCO

23 Agreement in a form substantially the same as that

24 attached to the Settlement Agreement.
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1 ‘‘(3) THE FICO AGREEMENT.—The Secretary is

2 authorized to approve and execute the FICO Agree3 ment in a form substantially the same as that at4 tached to the Settlement Agreement.

5 ‘‘(4) THE INTERIM ALLOTTEE WATER RIGHTS

6 CODE.—The Secretary is authorized to approve the

7 Interim Allottee Water Rights Code in the form sub8 stantially the same as that attached to the Settle9 ment Agreement.

10 ‘‘(m) STATUTORY CONSTRUCTION.—Pursuant to sec11 tion 306(d) (as in effect on the day before the date of

12 enactment of the Arizona Water Settlement Act of 2000),

13 nothing in this section shall be construed to establish

14 whether or not reserved water may be put to use, or sold

15 for use, off of any reservation to which reserved water

16 rights attach.

17 ‘‘SEC. 311. EXPENDITURES FROM THE TRUST FUND OF THE

18 NATION.

19 ‘‘(a) IN GENERAL.—Subject to the limitations con20 tained in subsection (b), the principal and all accrued in21 terest and dividends in the trust fund established under

22 section 309 (as in effect on the day before the date of

23 enactment of the Arizona Water Settlement Act of 2000),

24 may be—
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•S 3231 IS

1 ‘‘(1) expended by the Nation for any govern2 mental purpose; and

3 ‘‘(2) invested by the Nation in accordance with

4 such policies as the Nation may adopt.

5 The Secretary shall not be responsible for the review, ap6 proval or audit of the use and expenditure of the moneys

7 from such trust fund, nor shall the Secretary be subject

8 to liability for any claim or cause of action arising from

9 the Nation’s use and expenditure of such funds.

10 ‘‘(b) CONDITIONS OF TRUST.—

11 ‘‘(1) RESERVE FOR THE COST OF SUBJUGA12 TION.—In order to secure the obligation of the Na13 tion to pay the cost of subjugation of the lands to

14 be served by the extension to the existing irrigation

15 system referred to in section 304(c)(2), the Nation

16 shall reserve in the trust fund the principal amount

17 of $3,000,000, plus interest thereon from the effec18 tive date described in section 317 until—

19 ‘‘(A) the date on which full payment of

20 such costs has been made; or

21 ‘‘(B) the date that is 10 years after such

22 effective date.

23 ‘‘(2) PAYMENT.—The subjugation costs de24 scribed in paragraph (1) shall be paid in the amount
127

•S 3231 IS

1 and on the terms as prescribed in sections

2 306(a)(1)(E).

3 ‘‘(3) LIMITATION ON RESTRICTIONS.—Upon the

4 occurrence of either of the events described in sub5 paragraphs (A) and (B) of paragraph (1), the re6 strictions imposed on such funds under such para7 graph shall cease, and any remaining funds pre8 viously reserved shall be subject to use by the Na9 tion pursuant to subsection (a).

10 ‘‘SEC. 312. COOPERATIVE FUND; EXPENDITURES.

11 ‘‘(a) IN GENERAL.—Notwithstanding any applicable

12 date specified in any other provision of law, and except

13 as provided in this section, the Secretary of the Treasury

14 shall not terminate the Cooperative Fund established prior

15 to the effective date described in section 317 to carry out

16 the duties of the Secretary under sections 304, 305, 306

17 and 308, including payment of the costs related to delivery

18 of water pursuant to contracts entered into under section

19 310. The Cooperative Fund shall be used for carrying out

20 the obligations of the Secretary under this title,

21 including—

22 ‘‘(1) to pay the fixed and variable operation,

23 maintenance, and replacement costs related to the

24 delivery of water under sections 304 and 306;
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•S 3231 IS

1 ‘‘(2) to pay the costs of acquisition and delivery

2 of water from alternative sources under section 305;

3 ‘‘(3) to pay any capital or other charges related

4 to the acquisition or delivery of water under sections

5 304, 305 and 306; and

6 ‘‘(4) to pay any damages payable by the Sec7 retary under section 305(e).

8 ‘‘(b) AMOUNTS IN COOPERATIVE FUND.—

9 ‘‘(1) IN GENERAL.—The Cooperative Fund

10 shall consist of—

11 ‘‘(A)(i) $5,250,000, which was appro12 priated to the Fund pursuant to this title (as

13 in effect on the day before the date of enact14 ment of the Arizona Water Settlement Act of

15 2000);

16 ‘‘(ii) such sums, not to exceed $16,000,000

17 (adjusted as provided for in paragraph (2)),

18 that the Secretary determines by notice to Con19 gress, are necessary to meet the obligations

20 under this title; and

21 ‘‘(iii) any additional Federal funds depos22 ited into the Fund pursuant to Federal law;

23 ‘‘(B) $5,250,000, which was contributed to

24 the Fund pursuant to this title (as in effect on

25 the day before the date of enactment of the Ari-
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•S 3231 IS

1 zona Water Settlement Act of 2000), of

2 which—

3 ‘‘(i) $2,750,000 was contributed by

4 the State of Arizona;

5 ‘‘(ii) $1,500,000 was contributed by

6 the city of Tucson, Arizona;

7 ‘‘(iii) $1,000,000 was contributed by

8 the Anamax Mining Company, the Cyprus9 Pima Mining Company, the American

10 Smelting and Refining Company, the

11 Duval Corporation, and the Farmers In12 vestment Company; and

13 ‘‘(iv) all interest accrued on all con14 tributions and appropriations to the Coop15 erative Fund during the period beginning

16 October 12, 1982 and ending on the effec17 tive date described in section 317 and all

18 interest accrued on all contributions and

19 appropriations to the Cooperative Fund

20 after such date, less any interest expended

21 pursuant to subsection (c); and

22 ‘‘(C) all revenues received from the sale or

23 lease of the effluent received by the Secretary

24 under the Contract between the United States

25 and the City of Tucson to Provide for Delivery
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1 of Reclaimed Water to the Secretary dated Oc2 tober 11, 1983, or from the sale or lease of

3 storage credits derived from the storage of such

4 effluent, the entire amount of which shall be in5 come to the Cooperative Fund and be available

6 for expenditure in accordance with subsection

7 (c).

8 ‘‘(2) INTEREST.—Until funds are appropriated

9 and made available to the Cooperative Fund from

10 the sums referred to in subsection (b)(1)(A)(ii), the

11 amount authorized to be appropriated under such

12 subsection shall include an adjustment representing

13 the interest that the Cooperative Fund would have

14 earned on such amount if such amount had been ap15 propriated to the Fund as of October 12, 1983.

16 ‘‘(c) EXPENDITURES FROM THE COOPERATIVE

17 FUND.—Only interest accruing and income to the Cooper18 ative Fund after the effective date described in section 317

19 shall be expended. Interest accruing and income to the Co20 operative Fund shall be available for expenditure by the

21 Secretary pursuant to this section without further appro22 priation.

23 ‘‘(d) INVESTMENTS BY THE SECRETARY OF THE

24 TREASURY.—The Secretary of the Treasury shall serve as

25 the trustee of the Cooperative Fund, and shall invest such
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•S 3231 IS

1 portion of the Cooperative Fund as is not, in the judgment

2 of the Secretary and in consultation with the Secretary

3 of the Treasury, required to be withdrawn to meet the Sec4 retary’s obligations under this title. Such investments

5 shall be in public debt securities with maturities suitable

6 for the needs of such Cooperative Fund and that bear in7 terest at rates determined by the Secretary of the Treas8 ury, taking into consideration current market yields on

9 outstanding marketable obligations of the United States

10 or comparable maturities.

11 ‘‘(e) TERMINATION OF COOPERATIVE FUND.—If the

12 final judgment in United States v. Tucson does not dis13 miss, with prejudice, all claims against the defendants

14 named therein, and a final judgment in Alvarez v. United

15 States does not dismiss with prejudice, all claims against

16 the defendants named therein, other than the claims pre17 served under section 315(c), the Cooperative Fund shall

18 be terminated and the Secretary of the Treasury shall re19 turn all amounts contributed to the Cooperative Fund, to20 gether with a ratable share of the remaining accrued inter21 est, to the respective contributors.

22 ‘‘(f) SHARE OF COOPERATIVE FUND CONTRIBUTED

23 BY THE UNITED STATES.—If the final judgment in

24 United States v. Tucson does not dismiss, with prejudice,

25 all claims against the defendants named therein, and a
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1 final judgment in Alvarez v. United States does not dis2 miss, with prejudice, all claims against the defendants

3 named therein, other than the claims preserved under sec4 tion 315(c), the share of the Cooperative Fund contributed

5 by the United States shall be deposited in the General

6 Fund of the Treasury of the United States.

7 ‘‘SEC. 313. CONTRACTING AUTHORITY; ENVIRONMENTAL

8 COMPLIANCE; WATER QUALITY; STUDIES;

9 ARID LANDS ASSISTANCE.

10 ‘‘(a) FUNCTIONS OF SECRETARY.—The functions of

11 the Secretary, and the Bureau of Reclamation acting on

12 behalf of the Secretary, under this title shall be subject

13 to the Indian Self-Determination and Education Assist14 ance Act (25 U.S.C. 450 et seq.) to the same extent as

15 if the functions were performed by the Bureau of Indian

16 Affairs.

17 ‘‘(b) SAN XAVIER DISTRICT AS A CONTRACTOR.—

18 ‘‘(1) IN GENERAL.—Subject to the consent of

19 the Nation pursuant to section 307(a)(4) and the

20 conditions and limitations described in subpara21 graphs (A) through (F) of section 306(a)(1), the

22 San Xavier District shall be considered an eligible

23 contractor for purposes of this section.

24 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary

25 shall make available to the San Xavier District tech-
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•S 3231 IS

1 nical assistance in satisfying the contracting require2 ments of the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 450 et seq.)

4 ‘‘(c) GROUND WATER MONITORING PROGRAMS.—

5 ‘‘(1) SAN XAVIER INDIAN RESERVATION PRO6 GRAM.—Not later than 180 days after the effective

7 date described in section 317, the Secretary shall de8 sign and carry out a comprehensive ground water

9 monitoring program, including drilling of wells and

10 other appropriate actions, to test, assess, and pro11 vide for the long-term monitoring of the quality of

12 ground water withdrawn from exempt wells and

13 other wells within the San Xavier Indian Reserva14 tion. In carrying out this paragraph, the Secretary

15 shall not expend in excess of $215,000.

16 ‘‘(2) EASTERN SCHUK TOAK DISTRICT PRO17 GRAM.—Not later than 180 days after the effective

18 date described in section 317, the Secretary shall de19 sign and carry out a comprehensive ground water

20 monitoring program, including drilling of wells and

21 other appropriate actions, to test, assess, and pro22 vide for the long-term monitoring of the quality of

23 ground water withdrawn from exempt wells and

24 other wells within the eastern Schuk Toak District.
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1 In carrying out this paragraph, the Secretary shall

2 not expend in excess of $175,000.

3 ‘‘(3) DUTIES OF SECRETARY.—In designing

4 and carrying out a program under paragraph (1) or

5 (2), the Secretary shall consult with the Nation, the

6 San Xavier and Schuk Toak Districts, and appro7 priate State and local entities. The Secretary shall

8 have no continuing obligation beyond the obligations

9 described in such paragraphs with respect to ground

10 water monitoring programs.

11 ‘‘(d) WATER RESOURCES STUDY.—Pursuant to this

12 Act, the Secretary shall complete a study to determine the

13 availability and suitability of water resources within the

14 Nation, but outside the Tucson Management Area, to as15 sist the Nation with the development of sources of water.

16 ‘‘(e) ARID LAND RENEWABLE RESOURCES.—Pursu17 ant to this Act, if a Federal entity is established to provide

18 financial assistance to undertake arid land renewable re19 sources projects and to encourage and ensure investment

20 in the development of domestic sources of arid land renew21 able resources, such entity shall give first priority to the

22 needs of the Nation in providing such assistance. Such en23 tity shall make available to the Nation, the San Xavier

24 and Schuk Toak Districts, and the San Xavier Coopera25 tive Association, price guarantees, loans, loan guarantees,
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•S 3231 IS

1 purchase agreements, and joint venture projects at a level

2 to adequately cultivate a minimum number of acres as de3 termined by such entity to be necessary to the economi4 cally successful cultivation of arid land crops and a level

5 to contribute significantly to the economy of the Nation.

6 ‘‘(f) ASARCO LAND EXCHANGE STUDY.—The Sec7 retary shall, not later than 5 years after the date of enact8 ment of the Arizona Water Settlement Act of 2000, con9 duct a study, and report to Congress, concerning the feasi10 bility of a land exchange or land exchanges with ASARCO

11 to—

12 ‘‘(1) provide lands for future use by the bene13 ficial landowners of the Mission Complex Mining

14 Leases of September 18, 1959; and

15 ‘‘(2) provide lands for future use by the bene16 ficial landowners of the Mission Complex Business

17 Leases of May 12, 1959.

18 The study shall examine how land exchanges could be ac19 complished in a manner to maintain a contiguous land

20 base for the San Xavier Indian Reservation, and what

21 legal status exchanged lands should have in order to main22 tain the political integrity of the San Xavier Indian Res23 ervation.
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1 ‘‘SEC. 314. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘In addition to the amounts otherwise authorized to

3 be appropriated under this title, there are authorized to

4 be appropriated to the Secretary—

5 ‘‘(1) such sums as may be necessary to carry

6 out the ground water monitoring programs under

7 section 313(c); and

8 ‘‘(2) such sums as may be necessary to carry

9 out subsections (d) and (e) of section 313.

10 ‘‘SEC. 315. SETTLEMENT OF CLAIMS.

11 ‘‘(a) SETTLEMENT OF LITIGATION BY UNITED

12 STATES.—

13 ‘‘(1) APPROVAL OF SETTLEMENT AGREEMENT,

14 LEASES AND OTHER AGREEMENTS.—The United

15 States hereby approves, ratifies and confirms the

16 Settlement Agreement. Notwithstanding the effective

17 date provided for in section 317, the Secretary shall,

18 upon the enactment of the Arizona Water Settle19 ment Act of 2000, execute the Settlement Agree20 ment and enter into those agreements with the set21 tling parties necessary to effectuate the Settlement

22 Agreement, including the leases described in section

23 310(j) and the agreements described in section

24 310(l).

25 ‘‘(2) RELATION TO OTHER LAW.—The execu26 tion of the Settlement Agreement, the leases de-
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•S 3231 IS

1 scribed in section 310(j) and the agreements de2 scribed in 310(l) shall not constitute major Federal

3 action under the National Environmental Policy Act

4 (42 U.S.C. 4321 et seq.).

5 ‘‘(3) APPROPRIATION OF AUTHORIZATION.—

6 There is authorized to be appropriated such sums as

7 may be necessary to carry out all necessary environ8 mental compliance activities associated with the Set9 tlement Agreement, the leases described in section

10 310(j) and the agreements described in section

11 310(1), including mitigation measures adopted by

12 the Secretary.

13 ‘‘(b) WAIVER AND RELEASE OF CLAIMS.—

14 ‘‘(1) DEFINITIONS.—In this section:

15 ‘‘(A) ALLOTTEE CLASSES.—The term ‘al16 lottee classes’ means the plaintiff class certified

17 in United States v. Tucson and the plaintiff

18 class certified for causes of action 1 through 3

19 of Alvarez v. Tucson.

20 ‘‘(B) INJURIES TO WATER RIGHTS.—The

21 term ‘injuries to water rights’ means the loss,

22 deprivation or diminution of the use of water

23 rights until the effective date described in sec24 tion 317.
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•S 3231 IS

1 ‘‘(C) PERMITTED DIVERSIONS.—The term

2 ‘permitted diversions’ means diversions or with3 drawals of—

4 ‘‘(i) ground water by the United

5 States, the State of Arizona and any agen6 cy or political subdivision thereof, any mu7 nicipal corporation, any entity, or any per8 son which do not exceed the largest annual

9 diversion or withdrawal by that entity or

10 person in the 5 years immediately pre11 ceding the effective date described in sec12 tion 317; and

13 ‘‘(ii) stored water as defined, on the

14 effective date described in section 317, in

15 section 45–802.01 of the Arizona Revised

16 Statutes, and which water is recognized

17 under the laws of Arizona and recovered in

18 the area of hydrologic impact of the facility

19 in which such water is stored.

20 ‘‘(D) WATER RIGHTS.—The term ‘water

21 rights’ means water rights in ground water,

22 surface water and effluent within the Tucson

23 Management Area under Federal, State and

24 other law.
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•S 3231 IS

1 ‘‘(2) WAIVER OF CLAIMS BY THE NATION.—The

2 Settlement Agreement referred to in subsection (a)

3 shall provide that the Nation, on behalf of itself and

4 its members, waives and releases—

5 ‘‘(A) any and all claims for water rights,

6 and claims for injuries to water rights, for

7 lands within the Tucson Management Area,

8 against the State of Arizona or any agency or

9 political subdivision thereof, or any person, enti10 ty, corporation or municipal corporation;

11 ‘‘(B) any and all claims for water rights,

12 for lands within the Tucson Management Area,

13 against the United States and its agencies, offi14 cials and employees;

15 ‘‘(C) any and all claims for injuries to

16 water rights or for failure to protect, acquire or

17 develop water rights for lands within the San

18 Xavier Indian Reservation and the eastern

19 Schuk Toak District from time immemorial to

20 the effective date described in section 317

21 against the United States and its agencies, offi22 cials and employees; and

23 ‘‘(D) any and all claims arising out of or

24 related in any manner to the negotiation or

25 adoption of the Settlement Agreement, exhibits
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•S 3231 IS

1 to the Settlement Agreement, or this title, or

2 any specific terms and provisions thereof,

3 against the United States and its agencies, offi4 cials and employees.

5 ‘‘(3) WAIVER OF CLAIMS BY THE ALLOTTEE

6 CLASSES.—The Settlement Agreement referred to in

7 subsection (a) shall provide that each allottee class

8 waives and releases—

9 ‘‘(A) any and all claims for water rights,

10 claims for injuries to water rights, and claims

11 for future injuries to water rights from per12 mitted diversions for lands within the Tucson

13 Management Area, against the State of Arizona

14 or any agency or political subdivision thereof, or

15 any person, entity, corporation or municipal

16 corporation;

17 ‘‘(B) any and all claims for water rights,

18 for lands within the Tucson Management Area,

19 against the United States and its agencies, offi20 cials and employees;

21 ‘‘(C) any and all claims for injuries to

22 water rights or for failure to protect, acquire or

23 develop water rights for lands within the San

24 Xavier Indian Reservation against the United

25 States and its agencies, officials and employees;
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•S 3231 IS

1 ‘‘(D) any and all claims arising out of or

2 related in any manner to the negotiation or

3 adoption of the Settlement Agreement, exhibits

4 to the Settlement Agreement, or this title, or

5 any specific terms and provisions thereof,

6 against the United States and its agencies, offi7 cials and employees; and

8 ‘‘(E) any and all claims for water rights

9 and claims for injuries to water rights against

10 the Nation, except that pursuant to section

11 307(a)(1)(G), section 308(a), section 308(b),

12 and subsection (h)(1)(A)(ii) the allottees and

13 fee owners of allotted land shall retain any

14 rights they may have to share in the water re15 sources granted or confirmed in this title and

16 the Settlement Agreement with respect to uses

17 within the San Xavier Indian Reservation.

18 ‘‘(4) WAIVER OF CLAIMS BY THE UNITED

19 STATES.—The Settlement Agreement referred to in

20 subsection (a) shall provide that the United States

21 waives and releases—

22 ‘‘(A) any and all claims for water rights

23 and claims for injuries to water rights within

24 the Tucson Management Area, on behalf of the

25 Nation, its members, or the allottees against
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•S 3231 IS

1 the Nation, the State of Arizona or any agency

2 or political subdivision thereof, or any person,

3 entity, corporation or municipal corporation;

4 ‘‘(B) any and all claims for future injuries

5 to water rights from permitted diversions on be6 half of the allottees against the Nation, the

7 State of Arizona or any agency or political sub8 division thereof, or any person, entity, corpora9 tion or municipal corporation;

10 ‘‘(C) any and all claims for injuries to

11 water rights against the Nation from and after

12 the effective date described in section 317, on

13 behalf of the allottees, except that pursuant to

14 section 307(a)(1)(G), section 308(a), section

15 308(b), and subsection (h)(1)(A)(ii) the

16 allottees shall retain any rights they may have

17 to share in the water resources granted or con18 firmed in this title and the Settlement Agree19 ment with respect to uses within the San Xa20 vier Indian Reservation; and

21 ‘‘(D) contingent upon the effectiveness of a

22 waiver of such claims as provided for in the

23 ASARCO Agreement, any and all claims for

24 ground water contamination against ASARCO

25 on behalf of the Alvarez v. Tucson Count 4
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•S 3231 IS

1 Plaintiff Class as defined in the Settlement

2 Agreement.

3 ‘‘(5) SUPPLEMENTAL WAIVERS OF CLAIMS.—

4 Any party to the Settlement Agreement may waive

5 and release, prohibit the assertion of or agree not to

6 assert any claims in addition to claims for water

7 rights, claims for Injuries to water rights and claims

8 for injuries to water rights from permitted diversions

9 on such terms and conditions as may be agreed to

10 by the parties.

11 ‘‘(c) RIGHTS OF ALLOTTEES; PROHIBITION OF

12 CLAIMS.—

13 ‘‘(1) IN GENERAL.—As of the effective date de14 scribed in section 317—

15 ‘‘(A) the water rights and other benefits

16 granted or confirmed by this title and the Set17 tlement Agreement shall be in full satisfaction

18 of all claims for water rights and claims for in19 juries to water rights of the Nation and its

20 members, and all claims for water rights, claims

21 for injuries to water rights and claims for inju22 ries to water rights from permitted diversions of

23 the allottees and fee owners of allotted land

24 within the San Xavier Indian Reservation;
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•S 3231 IS

1 ‘‘(B) any entitlement to water within the

2 Tucson Management Area of the Nation and its

3 individual members, any allottee or fee owner of

4 allotted land within the San Xavier Indian Res5 ervation shall be satisfied out of the water re6 sources granted or confirmed by this title; and

7 ‘‘(C) any rights that the allottees or fee

8 owners of allotted land within the San Xavier

9 Indian Reservation may have to ground water,

10 surface water or effluent shall be limited to the

11 water rights granted or confirmed by this title

12 and the Settlement Agreement.

13 ‘‘(2) LIMITATION OF CERTAIN CLAIMS.—No al14 lottee or fee owner of allotted land within the San

15 Xavier Indian Reservation may assert any claims for

16 water rights, claims for injuries to water rights, or

17 claims for future injuries to water rights from per18 mitted diversions against the United States, the

19 State of Arizona or any agency or political subdivi20 sion thereof, or any person, entity, corporation or

21 municipal corporation, nor may any allottee or fee

22 owner of allotted land continue to assert against the

23 United States, the State of Arizona or any agency

24 or political subdivision thereof, or any person, entity,

25 corporation or municipal corporation, any claims for
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•S 3231 IS

1 water rights, claims for injuries to water rights, or

2 claims for future injuries to water rights from per3 mitted diversions that have been asserted prior to

4 the effective date of this title.

5 ‘‘(3) LIMITATION OF CLAIMS AGAINST SET6 TLING PARTIES.—No allottee or fee owner of allotted

7 land within the San Xavier Indian Reservation may

8 assert any claim against any settling party to the ex9 tent that—

10 ‘‘(A) such claim has been waived and re11 leased in the Settlement Agreement by the al12 lottee classes; and

13 ‘‘(B) the allottees or fee owners of allotted

14 land within the San Xavier Indian Reservation

15 receive the benefit afforded to members of the

16 allottee classes.

17 ‘‘(4) LIMITATION OF CLAIMS AGAINST THE NA18 TION.—No allottee or fee owner of allotted land

19 within the San Xavier Indian Reservation may as20 sert against the Nation any claims for water rights,

21 claims for injuries to water rights, or , beginning on

22 the effective date of this title, claims for injuries to

23 water rights, except that pursuant to section

24 307(a)(1)(G), section 308(a), section 308(b), and

25 subsection (h)(1)(A)(ii) the allottees and fee owners
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•S 3231 IS

1 of allotted land within the San Xavier Indian Res2 ervation shall retain any rights they may have to

3 share in the water resources granted or confirmed in

4 this title and the Settlement Agreement with respect

5 to uses in the San Xavier Indian Reservation.

6 ‘‘(d) ACQUISITION OF ADDITIONAL WATER

7 RIGHTS.—Nothing in this title shall be construed to pro8 hibit the Nation, or its members, the allottees or fee own9 ers of allotted land in the San Xavier Indian Reservation

10 from lawfully acquiring water rights for use in the Tucson

11 Management Area in addition to the water rights granted

12 or confirmed by this title and the Settlement Agreement.

13 ‘‘(e) NO ABROGATION OF RIGHTS.—This title shall

14 not be construed to abrogate any rights or remedies exist15 ing under section 1346 or 1491 of title 28, United States

16 Code.

17 ‘‘(f) CONSENT.—Congress hereby grants consent to

18 each obligee under section 305(e) to maintain actions

19 against the United States in the courts of the United

20 States pursuant to sections 1346 or 1491 of title 28,

21 United States Code, respectively, to recover damages, if

22 any, for the breach of any of the Secretarial obligations

23 under this section. The lack of sufficient funds in the Co24 operative Fund to fulfill the Secretarial obligations may

25 not be raised by the United States as a defense to the
147

•S 3231 IS

1 breach. The exclusive remedy for an action maintained

2 under this subsection shall be monetary damages. Nothing

3 in the subsection shall be deemed to create any claims

4 against the United States. The court shall offset against

5 any award for any such claim the amount of funds made

6 available by appropriations Acts by Congress and paid to

7 the obligee by the Secretary in partial or complete satisfac8 tion of the claim.

9 ‘‘(g) JURISDICTION; WAIVER OF IMMUNITY; PAR10 TIES.—

11 ‘‘(1) JURISDICTION.—

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

13 subsection (h), the courts of the United States

14 shall have original and exclusive jurisdiction

15 over—

16 ‘‘(i) actions for the interpretation and

17 enforcement of this title and the Settle18 ment Agreement; and

19 ‘‘(ii) actions by or against the

20 allottees or fee owners of allotted land for

21 the interpretation of, or legal or equitable

22 remedies with respect to, claims of water

23 rights of the allottees or fee owners of al24 lotted land which are not claims for water

25 rights, claims for permitted diversions or
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•S 3231 IS

1 claims waived and released in the Settle2 ment Agreement.

3 ‘‘(B) LIMITATION.—Neither the courts of

4 the State of Arizona nor the courts of the Na5 tion shall have jurisdiction over actions de6 scribed in subparagraph (A).

7 ‘‘(2) WAIVER.—

8 ‘‘(A) IN GENERAL.—The immunity from

9 suit of the United States and the Nation is

10 hereby waived solely for—

11 ‘‘(i) declaratory judgment or injunc12 tive relief in any action arising under this

13 title; and

14 ‘‘(ii) such claims and remedies as may

15 be prescribed in any agreement authorized

16 by this title.

17 ‘‘(B) LIMITATION ON STANDING.—A gov18 ernmental entity not described in subparagraph

19 (A) that asserts immunity from suit shall not

20 have standing to initiate or assert any claim or

21 seek any remedy against the United States or

22 the Nation in any action, and the waivers of im23 munity of the United States and the Nation re24 ferred to in subparagraph (A) shall have no ef25 fect therein, if the action—
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•S 3231 IS

1 ‘‘(i) arises under this title, unless such

2 entity waives immunity for declaratory

3 judgment or injunctive relief; or

4 ‘‘(ii) arises under any agreement au5 thorized by this title, unless such entity

6 waives immunity for the claims and rem7 edies prescribed in the agreement.

8 ‘‘(C) RULE OF CONSTRUCTION.—A waiver

9 of immunity under this paragraph shall not be

10 construed to extend to any claims for damages,

11 costs, attorneys’ fees or other monetary relief.

12 ‘‘(3) NATION AS A PARTY.—An allottee or fee

13 owner of allotted land who intends to file an action

14 under paragraph (1)(A)(ii) shall give the Nation a

15 notice of intent to file such action, accompanied by

16 a request for consultation, not less than 60 days

17 prior to the date the action is commenced. If the

18 Nation is not a party in an action as originally com19 menced under paragraph (1)(A)(ii), the Nation shall

20 be joined as a party.

21 ‘‘(h) REGULATION OF WATER RESOURCES AND AC22 TIONS WITHIN THE EXCLUSIVE JURISDICTION OF THE

23 NATION.—

24 ‘‘(1) REGULATION AND DISPUTE RESOLU25 TION.—
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1 ‘‘(A) REGULATION.—The Nation shall

2 have jurisdiction to manage, control, permit,

3 administer and otherwise regulate the water re4 sources granted or confirmed in this title and

5 the Settlement Agreement pursuant to section

6 308—

7 ‘‘(i) with respect to the use of such re8 sources by the Nation, individual members

9 of the Nation, districts of the Nation, and

10 allottees; and

11 ‘‘(ii) with respect to any entitlement

12 to such resources for which a fee owner of

13 allotted land has received a final deter14 mination under applicable law.

15 ‘‘(B) DISPUTE RESOLUTION.—Jurisdiction

16 over any disputes related to the matters de17 scribed in subparagraph (A) shall be vested in

18 the courts of the Nation, subject to first ex19 hausting any administrative or other remedies

20 prescribed under the laws of the Nation.

21 ‘‘(C) APPLICABLE LAW.—The regulatory

22 and remedial procedures referred to in subpara23 graphs (A) and (B) shall be governed by and

24 construed in accordance with the laws of the
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1 Nation and the laws of the United States which

2 are expressly applicable thereto.

3 ‘‘(2) RESERVATION OF POWERS.—Nothing in

4 this title shall be construed to prohibit—

5 ‘‘(A) the United States, in its own behalf

6 or as trustee, from exercising such rights as

7 may be expressly applicable to any issues which

8 may arise under section 308(i); or

9 ‘‘(B) except as expressly prohibited by this

10 title or the Settlement Agreement, the Nation

11 from exercising regulatory or judicial authority

12 over other persons or entities regarding the

13 water resources referred to herein or otherwise

14 held by the Nation.

15 ‘‘(i) STATUTORY CONSTRUCTION.—

16 Nothing in this title shall be construed to

17 diminish or abrogate any obligations of the

18 Secretary or the Nation under the Agree19 ments of December 11, 1980 and October

20 11, 1983, as amended pursuant to sections

21 305(a) and 310(h).

22 ‘‘SEC. 316. NONREIMBURSABLE COSTS.

23 ‘‘(a) CENTRAL ARIZONA WATER CONSERVATION DIS24 TRICT.—For the purpose of determining the allocation

25 and repayment of costs of the Central Arizona Project as
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1 provided for in article 9.3 of contract numbered 14–06–

2 W–245 between the United States and the Central Ari3 zona Water Conservation District, dated December 1,

4 1988, and any amendment or revision thereof, the costs

5 associated with the construction of facilities and with the

6 delivery of Central Arizona Project water for any use au7 thorized under this title shall be non-reimbursable, and

8 such costs shall be excluded from the repayment obligation

9 of the Central Arizona Water Conservation District.

10 ‘‘(b) UNITED STATES.—The United States shall—

11 ‘‘(1) make no claims against the Nation or the

12 allottees for reimbursement or repayment of the

13 costs associated with the construction of facilities

14 under the Colorado River Basin Project Act (Public

15 Law 90–537; 82 Stat. 885) (referred to in this sub16 section as ‘‘CRBPA’’), the delivery of Central Ari17 zona Project water for any use authorized by this

18 title, or any other costs arising out of the implemen19 tation of this title;

20 ‘‘(2) make no claims against the Nation for re21 imbursement or repayment of the costs associated

22 with the construction of facilities under CRBA for

23 the benefit of lands known as the San Lucy Farm,

24 acquired by the Nation under the Gila Bend Indian

25 Reservation Lands Replacement Act (Public Law
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1 99–503; 100 Stat. 1798), or the delivery of Central

2 Arizona Project water for use on such lands; and

3 ‘‘(3) impose no assessment with regard to the

4 costs referred to in paragraphs (1) and (2) against

5 trust or allotted lands within the territorial jurisdic6 tion of the Nation or against the lands of the San

7 Lucy Farm.

8 ‘‘SEC. 317. EFFECTIVE DATE.

9 This title shall be effective upon the final dismissal

10 with prejudice of United States v. Tucson, Adams v.

11 United States, and the consolidated claims of Alvarez v.

12 Tucson.’’

13 TITLE IV—SAN CARLOS APACHE

14 TRIBE WATER RIGHTS SET15 TLEMENT ACT OF 2000

16 SEC. 401. SHORT TITLE.

17 This title may be cited as the ‘‘San Carlos Apache

18 Tribe Water Rights Settlement Act of 2000’’.

19 TITLE V—ENFORCEMENT AND

20 EFFECTIVE DATE

21 SEC. 501. EFFECTIVE DATE OF AUTHORIZATION OF APPRO22 PRIATIONS.

23 The authorizations contained in section 207 and sec24 tion 315 shall become effective as of the date on which
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1 the Secretary of the Interior causes to be published in the

2 Federal Register a statement of findings that—

3 (1) the Gila River Indian Community Water

4 Settlement Agreement (as defined in section 203(b))

5 has been amended to the extent that such agreement

6 conflicts with title I, and has been executed by the

7 Secretary;

8 (2) the Secretary has fulfilled the requirements

9 of subsections (a), (b), and (e) of section 105, and

10 sections 107, 205, and 206;

11 (3) at least $40,000,000 of the funds made

12 available pursuant to section 108(a) has been depos13 ited into the Fund as provided for in section 108(b);

14 (4) the funds authorized to be appropriated by

15 section 106 and subsections (a), (b), and (c)(1) of

16 section 210 have been appropriated and are available

17 for the purposes authorized by such sections;

18 (5) the State of Arizona has appropriated and

19 paid to the Gila River Indian Community the

20 $llll required to be paid under paragraph

21 ll of the Gila River Indian Community (referred

22 to in this title as ‘‘GRIC’’) Agreement;

23 (6) the Salt River Project has paid to the Gila

24 River Indian Community $500,000 pursuant to Sub25 paragraph 17.9 of the GRIC Agreement;
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1 (7) the stipulations attached to the GRIC

2 Agreement as Exhibits 27.8.1 Gila River General

3 Stream Adjudication, 27.8.2 Modified Globe Equity,

4 and 30.5.1.3 dismissal of other lawsuits, have been

5 approved by the respective courts;

6 (8) legislation has been adopted by the State of

7 Arizona to implement the Southside M&I Ground8 water Protection Program described in Paragraph

9 5.3 of the GRIC Agreement;

10 (9) the final dismissals with prejudice of United

11 States v. Tucson, (Civ. No. 75–39 TUC consol. with

12 Civ. No. 75–51 TUC-FRZ (D. Ariz.)), Adams v.

13 United States (Civ. No. 93–240 TUC–FRZ (D.

14 Ariz.)), and the consolidated claims of Alvarez v.

15 Tucson (Civ. No. 93–039 TUC–FRZ (D. Ariz.)),

16 have been entered by the United States District

17 Court for the District of Arizona; and

18 (10) a final judgment in Central Arizona Water

19 Conservation District v. United States (No. CIV 95–

20 625–TUC–WDB (EHC), No. CIV 95–1720 PHX–

21 EHC) (Consolidated Action) consistent with the

22 Order entered in that action by the Honorable Earl

23 H. Carroll on May 9, 2000, has been entered by the

24 United States District Court for the District of Ari25 zona.
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1 SEC. 502. EXPIRATION OF EFFECTIVE DATE.

2 If the Secretarial statement of findings described in

3 section 501 has not been published by December 31,

4 2005—

5 (1) titles I, II, III and IV of this Act, and sec6 tion 501, together with any contracts entered into

7 pursuant to any provision of such titles, shall not be

8 effective; and

9 (2) any funds appropriated pursuant to sections

10 106(c) and 210, and any funds made available pur11 suant to section 108(a) and deposited in the fund

12 established in section 208(b), together with any in13 terest thereon, shall immediately revert to the Treas14 ury, as general revenues, and any funds appro15 priated by the State of Arizona pursuant to the

16 GRIC Agreement, together with any interest there17 on, shall immediately revert to the State of Arizona,

18 and any funds paid by the Salt River Project shall

19 immediately be returned to such Project.

Æ