I 

116TH CONGRESS 

1ST SESSION H. R. 2459 

To approve the settlement of water rights claims of the Hualapai Tribe 

and certain allottees in the State of Arizona, to authorize construction 

of a water project relating to those water rights claims, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2019 

Mr. O’HALLERAN (for himself, Mr. STANTON, Mrs. KIRKPATRICK, Mr. 

GALLEGO, Mr. BIGGS, Mr. GOSAR, Mr. SCHWEIKERT, and Mrs. LESKO) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To approve the settlement of water rights claims of the 

Hualapai Tribe and certain allottees in the State of 

Arizona, to authorize construction of a water project 

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

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hualapai Tribe Water 

5 Rights Settlement Act of 2019’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

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

4 rights to water in the State, including the Verde 

5 River, the Bill Williams River, and the Colorado 

6 River, of— 

7 (A) the Hualapai Tribe, on behalf of the 

8 Hualapai Tribe and the members of the 

9 Hualapai Tribe; and 

10 (B) the United States, acting as trustee 

11 for the Hualapai Tribe, the members of the 

12 Hualapai Tribe, and the allottees; 

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

14 Hualapai Tribe water rights settlement agreement 

15 entered into among the Hualapai Tribe, the United 

16 States, the State, and others, to the extent that 

17 agreement is consistent with this Act; 

18 (3) to authorize and direct the Secretary to exe19 cute and perform the duties and obligations of the 

20 Secretary under the Hualapai Tribe water rights 

21 settlement agreement and this Act; and 

22 (4) to authorize the appropriation of amounts 

23 necessary for the implementation of the Hualapai 

24 Tribe water rights settlement agreement and this 

25 Act. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) 1947 JUDGMENT.—The term ‘‘1947 Judg4 ment’’ means the Judgment and the Stipulation and 

5 Agreement, including exhibits to the Judgment and 

6 the Stipulation and Agreement, entered on March 

7 13, 1947, in United States v. Santa Fe Pac. R.R. 

8 Co., No. E–190 (D. Ariz.) and attached to the 

9 Hualapai Tribe water rights settlement agreement 

10 as Exhibit 3.1.1. 

11 (2) AFY.—The term ‘‘AFY’’ means acre-feet 

12 per year. 

13 (3) ALLOTMENT.—The term ‘‘allotment’’ means 

14 any of the 4 off-reservation parcels that are— 

15 (A) held in trust by the United States for 

16 individual Indians in the Big Sandy River basin 

17 in Mohave County, Arizona, under the patents 

18 numbered 1039995, 1039996, 1039997, and 

19 1019494; and 

20 (B) identified as Parcels 1A, 1B, 1C, and 

21 2 on the map attached to the Hualapai Tribe 

22 water rights settlement agreement as Exhibit 

23 3.1.6. 

24 (4) ALLOTTEE.—The term ‘‘allottee’’ means 

25 any Indian owner of an allotment. 


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1 (5) AVAILABLE CAP SUPPLY.—The term ‘‘avail2 able CAP supply’’ means, for any year— 

3 (A) all fourth priority water available for 

4 delivery through the CAP system; 

5 (B) water available from Central Arizona 

6 Project dams and reservoirs other than the 

7 Modified Roosevelt Dam; and 

8 (C) return flows captured by the Secretary 

9 for Central Arizona Project use. 

10 (6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil11 liams Act’’ means the Bill Williams River Water 

12 Rights Settlement Act of 2014 (Public Law 113– 

13 223; 128 Stat. 2096). 

14 (7) BILL WILLIAMS AGREEMENTS.—The term 

15 ‘‘Bill Williams agreements’’ means the Amended and 

16 Restated Big Sandy River-Planet Ranch Water 

17 Rights Settlement Agreement and the Amended and 

18 Restated Hualapai Tribe Bill Williams River Water 

19 Rights Settlement Agreement, including all exhibits 

20 to each agreement, copies of which (excluding exhib21 its) are attached to the Hualapai Tribe water rights 

22 settlement agreement as Exhibit 3.1.11. 

23 (8) BILL WILLIAMS RIVER PHASE 2 WATER

24 RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 

25 Williams River phase 2 water rights settlement 


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1 agreement’’ means the agreement of that name that 

2 is attached to, and incorporated in, the Hualapai 

3 Tribe water rights settlement agreement as Exhibit 

4 4.3.3. 

5 (9) CAP CONTRACT.—The term ‘‘CAP con6 tract’’ means a long-term contract (as defined in the 

7 CAP repayment stipulation) with the United States 

8 for delivery of CAP water through the CAP system. 

9 (10) CAP CONTRACTOR.— 

10 (A) IN GENERAL.—The term ‘‘CAP con11 tractor’’ means a person that has entered into 

12 a CAP contract. 

13 (B) INCLUSION.—The term ‘‘CAP con14 tractor’’ includes the Hualapai Tribe. 

15 (11) CAP FIXED OM&R CHARGE.—The term 

16 ‘‘CAP fixed OM&R charge’’ has the meaning given 

17 the term ‘‘Fixed OM&R Charge’’ in the CAP repay18 ment stipulation. 

19 (12) CAP M&I PRIORITY WATER.—The term 

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

21 that has a municipal and industrial delivery priority 

22 under the CAP repayment contract. 

23 (13) CAP NIA PRIORITY WATER.—The term 

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

25 deliverable under a CAP contract or a CAP subVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 contract providing for the delivery of non-Indian ag2 ricultural priority water. 

3 (14) CAP OPERATING AGENCY.—The term 

4 ‘‘CAP operating agency’’ means— 

5 (A) the one or more entities authorized to 

6 assume responsibility for the care, operation, 

7 maintenance, and replacement of the CAP sys8 tem; and 

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

10 Act, the Central Arizona Water Conservation 

11 District. 

12 (15) CAP PUMPING ENERGY CHARGE.—The 

13 term ‘‘CAP pumping energy charge’’ has the mean14 ing given the term ‘‘Pumping Energy Charge’’ in the 

15 CAP repayment stipulation. 

16 (16) CAP REPAYMENT CONTRACT.—The term 

17 ‘‘CAP repayment contract’’ means— 

18 (A) the contract entitled ‘‘Contract be19 tween the United States and CAWCD for Deliv20 ery of Water and Repayment of Costs of the 

21 CAP’’, numbered 14–06–W–245 (Amendment 

22 No. 1), and dated December 1, 1988; and 

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

24 contract. 


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1 (17) CAP REPAYMENT STIPULATION.—The 

2 term ‘‘CAP repayment stipulation’’ means the Stipu3 lated Judgment and the Stipulation for Judgment, 

4 including any exhibits to those documents, entered 

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

6 Court for the District of Arizona in the consolidated 

7 civil action Central Arizona Water Conservation Dis8 trict v. United States, numbered CIV 95–625–TUC– 

9 WDB (EHC) and CIV 95–1720–PHX–EHC. 

10 (18) CAP SUBCONTRACT.—The term ‘‘CAP 

11 subcontract’’ means a long-term subcontract (as de12 fined in the CAP repayment stipulation) with the 

13 United States and the Central Arizona Water Con14 servation District for the delivery of CAP water 

15 through the CAP system. 

16 (19) CAP SUBCONTRACTOR.—The term ‘‘CAP 

17 subcontractor’’ means a person that has entered into 

18 a CAP subcontract. 

19 (20) CAP SYSTEM.—The term ‘‘CAP system’’ 

20 means— 

21 (A) the Mark Wilmer Pumping Plant; 

22 (B) the Hayden-Rhodes Aqueduct; 

23 (C) the Fannin-McFarland Aqueduct; 

24 (D) the Tucson Aqueduct; 


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1 (E) any pumping plant or appurtenant 

2 work of a feature described in subparagraph 

3 (A), (B), (C), or (D); and 

4 (F) any extension of, addition to, or re5 placement for a feature described in subpara6 graph (A), (B), (C), (D), or (E). 

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

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

9 CAP repayment stipulation. 

10 (22) CENTRAL ARIZONA PROJECT.—The term 

11 ‘‘Central Arizona Project’’ means the reclamation 

12 project authorized and constructed by the United 

13 States in accordance with title III of the Colorado 

14 River Basin Project Act (43 U.S.C. 1521 et seq.). 

15 (23) CENTRAL ARIZONA WATER CONSERVATION

16 DISTRICT.—The term ‘‘Central Arizona Water Con17 servation District’’ means the political subdivision of 

18 the State that is the contractor under the CAP re19 payment contract. 

20 (24) COLORADO RIVER COMPACT.—The term 

21 ‘‘Colorado River Compact’’ means the Colorado 

22 River Compact of 1922, as ratified and reprinted in 

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

24 Statutes. 


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1 (25) COLORADO RIVER WATER.—The term 

2 ‘‘Colorado River water’’ means the water of the Col3 orado River within the United States, including— 

4 (A) the water of reservoirs on the Colorado 

5 River within the United States; 

6 (B) the water of all tributaries to the Colo7 rado River within the United States, other than 

8 tributaries located within the State; 

9 (C) the water beneath the surface of the 

10 Earth that is hydraulically connected to the 

11 Colorado River within the United States; and 

12 (D) all water beneath the surface of the 

13 Earth that is hydraulically connected to tribu14 taries to the Colorado River within the United 

15 States, other than tributaries located within the 

16 State. 

17 (26) COLORADO RIVER WATER ENTITLE18 MENT.— 

19 (A) IN GENERAL.—The term ‘‘Colorado 

20 River water entitlement’’ means the right or au21 thorization to use Colorado River water in the 

22 State. 

23 (B) EXCLUSION.—The term ‘‘Colorado 

24 River water entitlement’’ does not include the 

25 right of the Hualapai Tribe to use Hualapai 


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1 Tribe CAP water in accordance with the 

2 Hualapai Tribe water delivery contract. 

3 (27) COMMISSIONER.—The term ‘‘Commis4 sioner’’ means the Commissioner of Reclamation. 

5 (28) DIVERSION.—The term ‘‘diversion’’ means 

6 an act to divert. 

7 (29) DIVERT.—The term ‘‘divert’’ means the 

8 receipt, withdrawal, development, production, or cap9 ture of water using a ditch, canal, flume, bypass, 

10 pipeline, pit, collection or infiltration gallery, con11 duit, well, pump, turnout, dam, or any other me12 chanical device, or any other act of man. 

13 (30) EFFLUENT.—The term ‘‘effluent’’ means 

14 water that— 

15 (A) has been used in the State for domes16 tic, municipal, or industrial purposes, other 

17 than solely for hydropower generation; and 

18 (B) is available for reuse for any purpose, 

19 whether or not the water has been treated to 

20 improve the quality of the water. 

21 (31) ENFORCEABILITY DATE.—The term ‘‘en22 forceability date’’ means the date described in sec23 tion 12(a). 

24 (32) EXCHANGE.—The term ‘‘exchange’’ means 

25 a trade between one or more persons of any water 


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1 for any other water, if each person has a right or 

2 claim to use the water the person provides in the 

3 trade, regardless of whether the water is traded in 

4 equal amounts or other consideration is included in 

5 the trade. 

6 (33) FOURTH PRIORITY WATER.—The term 

7 ‘‘fourth priority water’’ means Colorado River water 

8 that is available for delivery in the State for the sat9 isfaction of entitlements— 

10 (A) in accordance with contracts, Secre11 tarial reservations, perfected rights, and other 

12 arrangements between the United States and 

13 water users in the State entered into or estab14 lished more recently than September 30, 1968, 

15 for use on Federal, State, or privately owned 

16 land in the State, in a total quantity not great17 er than 164,652 AFY of diversions; and 

18 (B) after first providing for the delivery of 

19 Colorado River water for the CAP system, in20 cluding for use on Indian land, under section 

21 304(e) of the Colorado River Basin Project Act 

22 (43 U.S.C. 1524(e)), in accordance with the 

23 CAP repayment contract. 

24 (34) FREEPORT.— 


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1 (A) IN GENERAL.—The term ‘‘Freeport’’ 

2 means the Delaware corporation named ‘‘Free3 port Minerals Corporation’’. 

4 (B) INCLUSIONS.—The term ‘‘Freeport’’ 

5 includes all subsidiaries, affiliates, successors, 

6 and assigns of Freeport, including Byner Cattle 

7 Company, a Nevada corporation. 

8 (35) GILA RIVER ADJUDICATION.—The term 

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

10 in the Superior Court of the State, in and for the 

11 County of Maricopa, In Re the General Adjudication 

12 of All Rights To Use Water In The Gila River Sys13 tem and Source, W–1 (Salt), W–2 (Verde), W–3 

14 (Upper Gila), W–4 (San Pedro) (Consolidated). 

15 (36) GILA RIVER ADJUDICATION COURT.—The 

16 term ‘‘Gila River adjudication court’’ means the Su17 perior Court of the State, in and for the County of 

18 Maricopa, exercising jurisdiction over the Gila River 

19 adjudication. 

20 (37) GILA RIVER ADJUDICATION DECREE.—The 

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

22 judgment or decree entered by the Gila River adju23 dication court in substantially the same form as the 

24 form of judgment attached to the Hualapai Tribe 

25 water rights settlement agreement as Exhibit 3.1.43. 


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1 (38) GROUNDWATER.—The term ‘‘ground2 water’’ means all water beneath the surface of the 

3 Earth within the State that is not— 

4 (A) surface water; 

5 (B) effluent; or 

6 (C) Colorado River water. 

7 (39) HUALAPAI FEE LAND.—The term 

8 ‘‘Hualapai fee land’’ means land, other than 

9 Hualapai trust land, that— 

10 (A) is located in the State; 

11 (B) is located outside the exterior bound12 aries of the Hualapai Reservation or Hualapai 

13 trust land; and 

14 (C) as of the enforceability date, is owned 

15 by the Hualapai Tribe, including ownership 

16 through a related entity. 

17 (40) HUALAPAI LAND.—The term ‘‘Hualapai 

18 land’’ means— 

19 (A) the Hualapai Reservation; 

20 (B) Hualapai trust land; and 

21 (C) Hualapai fee land. 

22 (41) HUALAPAI OM&R TRUST ACCOUNT.—The 

23 term ‘‘Hualapai OM&R Trust Account’’ means the 

24 account established by section 6(c)(1). 


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1 (42) HUALAPAI RESERVATION.—The term 

2 ‘‘Hualapai Reservation’’ means the land within the 

3 exterior boundaries of the Hualapai Reservation, in4 cluding— 

5 (A) all land withdrawn by the Executive 

6 order dated January 4, 1883, as modified by 

7 the May 28, 1942, Order of the Secretary pur8 suant to the Act of February 20, 1925 (43 

9 Stat. 954, chapter 273); 

10 (B) the land identified by the Executive or11 ders dated December 22, 1898, May 14, 1900, 

12 and June 2, 1911; and 

13 (C) the land added to the Hualapai Res14 ervation by section 9. 

15 (43) HUALAPAI TRIBE.—The term ‘‘Hualapai 

16 Tribe’’ means the Hualapai Tribe, a federally recog17 nized Indian tribe of Hualapai Indians organized 

18 under section 16 of the Act of June 18, 1934 (25 

19 U.S.C. 5123) (commonly known as the ‘‘Indian Re20 organization Act’’). 

21 (44) HUALAPAI TRIBE CAP WATER.—The term 

22 ‘‘Hualapai Tribe CAP water’’ means the 4,000 AFY 

23 of the CAP NIA priority water that— 

24 (A) was previously allocated to non-Indian 

25 agricultural entities; 


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1 (B) was retained by the Secretary for re2 allocation to Indian tribes in the State pursuant 

3 to section 104(a)(1)(A)(iii) of the Central Ari4 zona Project Settlement Act of 2004 (Public 

5 Law 108–451; 118 Stat. 3487); and 

6 (C) is reallocated to the Hualapai Tribe 

7 pursuant to section 11. 

8 (45) HUALAPAI TRIBE WATER RIGHTS SETTLE9 MENT AGREEMENT.— 

10 (A) IN GENERAL.—The term ‘‘Hualapai 

11 Tribe water rights settlement agreement’’ 

12 means the agreement, including exhibits, enti13 tled the ‘‘Hualapai Tribe Water Rights Settle14 ment Agreement’’. 

15 (B) INCLUSIONS.—The term ‘‘Hualapai 

16 Tribe water rights settlement agreement’’ in17 cludes— 

18 (i) any amendments necessary to 

19 make the Hualapai Tribe water rights set20 tlement agreement consistent with this 

21 Act; and 

22 (ii) any other amendments approved 

23 by the parties to the Hualapai Tribe water 

24 rights settlement agreement and the Sec25 retary. 


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1 (46) HUALAPAI TRIBE WATER DELIVERY CON2 TRACT.—The term ‘‘Hualapai Tribe water delivery 

3 contract’’ means the contract entered into in accord4 ance with the Hualapai Tribe water rights settle5 ment agreement and section 11(c) for the delivery of 

6 Hualapai Tribe CAP water. 

7 (47) HUALAPAI TRUST LAND.—The term 

8 ‘‘Hualapai trust land’’ means land, other than 

9 Hualapai fee land, that is— 

10 (A) located— 

11 (i) in the State; and 

12 (ii) outside the exterior boundaries of 

13 the Hualapai Reservation; and 

14 (B) as of the enforceability date, held in 

15 trust by the United States for the benefit of the 

16 Hualapai Tribe. 

17 (48) HUALAPAI WATER PROJECT.—The term 

18 ‘‘Hualapai Water Project’’ means the project con19 structed in accordance with section 6. 

20 (49) HUALAPAI WATER PROJECT ACCOUNT.— 

21 The term ‘‘Hualapai Water Project Account’’ means 

22 the account established by section 6(b)(1). 

23 (50) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (51) INJURY TO WATER RIGHTS.— 

4 (A) IN GENERAL.—The term ‘‘injury to 

5 water rights’’ means any interference with, dim6 inution of, or deprivation of, a water right 

7 under Federal, State, or other law. 

8 (B) EXCLUSION.—The term ‘‘injury to 

9 water rights’’ does not include any injury to 

10 water quality. 

11 (52) LOWER BASIN.—The term ‘‘lower basin’’ 

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

13 the Colorado River Compact. 

14 (53) LOWER COLORADO RIVER BASIN DEVELOP15 MENT FUND.—The term ‘‘Lower Colorado River 

16 Basin Development Fund’’ means the fund estab17 lished by section 403 of the Colorado River Basin 

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

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

20 any person duly enrolled as a member of the 

21 Hualapai Tribe. 

22 (55) OM&R.—The term ‘‘OM&R’’ means— 

23 (A) any recurring or ongoing activity relat24 ing to the day-to-day operation of a project; 


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1 (B) any activity relating to scheduled or 

2 unscheduled maintenance of a project; and 

3 (C) any activity relating to replacing a fea4 ture of a project. 

5 (56) PARCEL 1.—The term ‘‘Parcel 1’’ means 

6 the parcel of land that— 

7 (A) is depicted as 3 contiguous allotments 

8 identified as 1A, 1B, and 1C on the map at9 tached to the Hualapai Tribe water rights set10 tlement agreement as Exhibit 3.1.6; and 

11 (B) is held in trust for certain allottees. 

12 (57) PARCEL 2.—The term ‘‘Parcel 2’’ means 

13 the parcel of land that— 

14 (A) is depicted as ‘‘Parcel 2’’ on the map 

15 attached to the Hualapai Tribe water rights 

16 settlement agreement as Exhibit 3.1.6; and 

17 (B) is held in trust for certain allottees. 

18 (58) PARCEL 3.—The term ‘‘Parcel 3’’ means 

19 the parcel of land that— 

20 (A) is depicted as ‘‘Parcel 3’’ on the map 

21 attached to the Hualapai Tribe water rights 

22 settlement agreement as Exhibit 3.1.6; 

23 (B) is held in trust for the Hualapai Tribe; 

24 and 


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1 (C) is part of the Hualapai Reservation 

2 pursuant to Executive Order 1368 of June 2, 

3 1911. 

4 (59) PARTY.—The term ‘‘party’’ means a per5 son that is a signatory to the Hualapai Tribe water 

6 rights settlement agreement. 

7 (60) PERSON.— 

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

9 means— 

10 (i) an individual; 

11 (ii) a public or private corporation; 

12 (iii) a company; 

13 (iv) a partnership; 

14 (v) a joint venture; 

15 (vi) a firm; 

16 (vii) an association; 

17 (viii) a society; 

18 (ix) an estate or trust; 

19 (x) a private organization or enter20 prise; 

21 (xi) the United States; 

22 (xii) any Indian tribe; 

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

24 (xiv) a governmental entity; and 


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1 (xv) a political subdivision or munic2 ipal corporation organized under or subject 

3 to the constitution and laws of the State. 

4 (B) INCLUSIONS.—The term ‘‘person’’ in5 cludes an officer, director, agent, insurer, rep6 resentative, employee, attorney, assign, sub7 sidiary, affiliate, enterprise, legal representative, 

8 any predecessor and successor in interest, and 

9 any heir of a predecessor and successor in in10 terest of a person. 

11 (61) PRECONSTRUCTION ACTIVITY.— 

12 (A) IN GENERAL.—The term 

13 ‘‘preconstruction activity’’ means the work re14 lating to the preplanning, planning, and design 

15 phases of construction, as those terms are de16 fined in paragraphs (1) through (3) of section 

17 900.112(a) of title 25, Code of Federal Regula18 tions (or a successor regulation). 

19 (B) INCLUSION.—The term ‘‘preconstruc20 tion activity’’ includes the activities described in 

21 section 900.112(b) of title 25, Code of Federal 

22 Regulations (or a successor regulation). 

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

24 means the Secretary of the Interior. 


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1 (63) STATE.—The term ‘‘State’’ means the 

2 State of Arizona. 

3 (64) SURFACE WATER.—The term ‘‘surface 

4 water’’ means all water in the State that is appro5 priable under State law. 

6 (65) WATER.—The term ‘‘water’’, when used 

7 without a modifying adjective, means— 

8 (A) groundwater; 

9 (B) surface water; 

10 (C) effluent; or 

11 (D) Colorado River water. 

12 (66) WATER RIGHT.—The term ‘‘water right’’ 

13 means any right or rights in or to groundwater, sur14 face water, effluent, or Colorado River water under 

15 Federal, State, or other law. 

16 SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 

17 TRIBE WATER RIGHTS SETTLEMENT AGREE18 MENT. 

19 (a) RATIFICATION.— 

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

21 Act and to the extent that the Hualapai Tribe water 

22 rights settlement agreement does not conflict with 

23 this Act, the Hualapai Tribe water rights settlement 

24 agreement is authorized, ratified, and confirmed. 


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

2 Hualapai Tribe water rights settlement agreement, 

3 or to any exhibit attached to the Hualapai Tribe 

4 water rights settlement agreement requiring the sig5 nature of the Secretary, is executed in accordance 

6 with this Act to make the Hualapai Tribe water 

7 rights settlement agreement consistent with this Act, 

8 the amendment is authorized, ratified, and con9 firmed, to the extent the amendment is consistent 

10 with this Act. 

11 (b) EXECUTION.— 

12 (1) IN GENERAL.—To the extent the Hualapai 

13 Tribe water rights settlement agreement does not 

14 conflict with this Act, the Secretary shall execute the 

15 Hualapai Tribe water rights settlement agreement, 

16 including all exhibits to, or parts of, the Hualapai 

17 Tribe water rights settlement agreement requiring 

18 the signature of the Secretary. 

19 (2) MODIFICATIONS.—Nothing in this Act pro20 hibits the Secretary from approving any modification 

21 to an appendix or exhibit to the Hualapai Tribe 

22 water rights settlement agreement that is consistent 

23 with this Act, to the extent that the modification 

24 does not otherwise require congressional approval 

25 under section 2116 of the Revised Statutes (25 


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1 U.S.C. 177) or any other applicable provision of 

2 Federal law. 

3 (c) ENVIRONMENTAL COMPLIANCE.— 

4 (1) IN GENERAL.—The Secretary shall carry 

5 out all Federal compliance activities necessary to im6 plement the Hualapai Tribe water rights settlement 

7 agreement (including all exhibits to the Hualapai 

8 Tribe water rights settlement agreement requiring 

9 the signature of the Secretary) and this Act, includ10 ing activities necessary to comply with all applicable 

11 provisions of— 

12 (A) the Endangered Species Act of 1973 

13 (16 U.S.C. 1531 et seq.); 

14 (B) the National Environmental Policy Act 

15 of 1969 (42 U.S.C. 4321 et seq.); and 

16 (C) all other applicable Federal environ17 mental laws. 

18 (2) EFFECT OF EXECUTION.—The execution of 

19 the Hualapai Tribe water rights settlement agree20 ment by the Secretary under this section shall not 

21 constitute a major action for purposes of the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.). 

24 SEC. 5. WATER RIGHTS. 

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


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1 (1) HUALAPAI TRIBE.—The United States shall 

2 hold the following water rights in trust for the ben3 efit of the Hualapai Tribe: 

4 (A) The water rights for the Hualapai 

5 Reservation described in subparagraph 4.2 of 

6 the Hualapai Tribe water rights settlement 

7 agreement. 

8 (B) The water rights for Hualapai trust 

9 land described in subparagraph 4.4 of the 

10 Hualapai Tribe water rights settlement agree11 ment. 

12 (C) The water rights described in section 

13 10(b)(2) for any land taken into trust by the 

14 United States for the benefit of the Hualapai 

15 Tribe— 

16 (i) after the enforceability date; and 

17 (ii) in accordance with section 

18 10(b)(1). 

19 (D) All Hualapai Tribe CAP water. 

20 (2) ALLOTTEES.—The United States shall hold 

21 in trust for the benefit of the allottees all water 

22 rights for the allotments described in subparagraph 

23 4.3.2 of the Hualapai Tribe water rights settlement 

24 agreement. 


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1 (b) FORFEITURE AND ABANDONMENT.—The fol2 lowing water rights shall not be subject to loss through 

3 non-use, forfeiture, abandonment, or other operation of 

4 law: 

5 (1) The water rights for the Hualapai Reserva6 tion described in subparagraph 4.2 of the Hualapai 

7 Tribe water rights settlement agreement. 

8 (2) The water rights for Hualapai trust land 

9 described in subparagraph 4.4 of the Hualapai Tribe 

10 water rights settlement agreement. 

11 (3) Any Colorado River water entitlement pur12 chased by the Hualapai Tribe wholly or substantially 

13 with amounts contributed by Freeport to the Eco14 nomic Development Fund described in section 8.1 of 

15 the Amended and Restated Hualapai Tribe Bill Wil16 liams River Water Rights Settlement Agreement. 

17 (c) ALIENATION.—Any Colorado River water entitle18 ment purchased by the Hualapai Tribe wholly or substan19 tially with amounts contributed by Freeport to the Eco20 nomic Development Fund described in section 8.1 of the 

21 Amended and Restated Hualapai Tribe Bill Williams 

22 River Water Rights Settlement Agreement shall be re23 stricted against permanent alienation by the Tribe. 


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1 (d) HUALAPAI TRIBE CAP WATER.—The Hualapai 

2 Tribe shall have the right to divert, use, and store the 

3 Hualapai Tribe CAP water in accordance with section 11. 

4 (e) COLORADO RIVER WATER ENTITLEMENTS.— 

5 (1) USES.—The Hualapai Tribe shall have the 

6 right to use any Colorado River water entitlement 

7 purchased by or donated to the Hualapai Tribe at 

8 the location to which the entitlement is appurtenant 

9 on the date on which the entitlement is purchased 

10 or donated. 

11 (2) STORAGE.— 

12 (A) IN GENERAL.—Subject to paragraphs 

13 (3) and (5), the Hualapai Tribe may store Colo14 rado River water available under any Colorado 

15 River water entitlement purchased by or do16 nated to the Hualapai Tribe at underground 

17 storage facilities or groundwater savings facili18 ties located within the State and in accordance 

19 with State law. 

20 (B) ASSIGNMENTS.—The Hualapai Tribe 

21 may assign any long-term storage credits ac22 crued as a result of storage under subpara23 graph (A) in accordance with State law. 

24 (3) TRANSFERS.—The Hualapai Tribe may 

25 transfer the entitlement for use or storage under 


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1 paragraph (1) or (2), respectively, to another loca2 tion within the State, including the Hualapai Res3 ervation, in accordance with the Hualapai Tribe 

4 water rights settlement agreement and all applicable 

5 Federal and State laws governing the transfer of 

6 Colorado River water entitlements within the State. 

7 (4) LEASES.—The Hualapai Tribe may lease 

8 the entitlement for use or storage to a water user 

9 within the State, in accordance with the Hualapai 

10 Tribe water rights settlement agreement and all ap11 plicable Federal and State laws governing the trans12 fer of Colorado River water entitlements within the 

13 State. 

14 (5) TRANSPORTS.—The Hualapai Tribe, or any 

15 person who leases the entitlement from the Hualapai 

16 Tribe under paragraph (4), may transport Colorado 

17 River water available under the entitlement through 

18 the Central Arizona Project in accordance with all 

19 laws of the United States and the Central Arizona 

20 Water Conservation District governing the use of the 

21 Central Arizona Project to transport water other 

22 than CAP water. 

23 (f) USE OFF-RESERVATION.—No water rights to 

24 groundwater under the Hualapai Reservation or Hualapai 

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1 tion or Hualapai trust land, may be sold, leased, trans2 ferred, or used outside the boundaries of the Hualapai 

3 Reservation or Hualapai trust land, other than under an 

4 exchange. 

5 SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF 

6 HUALAPAI WATER PROJECT; FUNDING. 

7 (a) HUALAPAI WATER PROJECT.— 

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

9 appropriations, the Secretary, acting through the 

10 Commissioner, shall plan, design, and construct the 

11 Hualapai Water Project, which shall be designed to 

12 divert, treat, and convey not less than 3,414 AFY of 

13 water from the Colorado River for municipal, com14 mercial, and industrial uses on the Hualapai Res15 ervation. 

16 (2) LEAD AGENCY.—The Bureau of Reclama17 tion shall serve as the lead agency with respect to 

18 any activity to plan, design, and construct the water 

19 diversion and delivery features of the Hualapai 

20 Water Project. 

21 (3) SCOPE.— 

22 (A) IN GENERAL.—The scope of the plan23 ning, design, and construction activities for the 

24 Hualapai Water Project shall be as generally 

25 described in the document entitled ‘‘Appraisal 


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1 Design Report revised with Addendum (June 

2 2016)’’ and prepared by DOWL HKM, subject 

3 to the condition that, before commencing final 

4 design and construction activities, the Secretary 

5 shall— 

6 (i) review the design of the proposed 

7 construction; 

8 (ii) perform value engineering anal9 yses; and 

10 (iii) perform appropriate Federal com11 pliance activities. 

12 (B) REQUIREMENTS.—The Hualapai 

13 Water Project shall— 

14 (i) be capable of delivering 3,414 AFY 

15 of water from the Colorado River to the 

16 Reservation; 

17 (ii) include all facilities and appur18 tenant items necessary to divert, store, 

19 treat, and deliver water for municipal, 

20 commercial, and industrial uses on the 

21 Hualapai Reservation; and 

22 (iii) to the maximum extent prac23 ticable, be designed and constructed to 

24 minimize OM&R costs. 


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1 (C) NEGOTIATIONS WITH HUALAPAI

2 TRIBE.—On the basis of the review described in 

3 subparagraph (A)(i), the Secretary shall peri4 odically offer to negotiate and reach agreement 

5 with the Hualapai Tribe regarding any appro6 priate changes to the final design— 

7 (i) to ensure that the final design 

8 meets applicable industry standards; 

9 (ii) to improve the cost-effectiveness 

10 of the delivery of Colorado River water; 

11 and 

12 (iii) to ensure that the Hualapai 

13 Water Project will be constructed using 

14 only the amounts made available pursuant 

15 to subsection (b)(6). 

16 (4) APPLICABILITY OF ISDEAA.—On request of 

17 the Hualapai Tribe and in accordance with the In18 dian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 5301 et seq.), the Secretary shall 

20 enter into one or more agreements with the 

21 Hualapai Tribe to carry out this subsection. 

22 (5) OPERATION AND MAINTENANCE.— 

23 (A) IN GENERAL.—In accordance with 

24 subsection (c) and subject to the availability of 

25 appropriations, during the period beginning on 


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1 the enforceability date and ending on the date 

2 on which title to the Hualapai Water Project is 

3 transferred to the Hualapai Tribe pursuant to 

4 paragraph (6), the Secretary, acting through 

5 the Commissioner, in consultation with the 

6 Hualapai Tribe, shall operate, maintain, and re7 place the Hualapai Water Project. 

8 (B) AUTHORIZATION OF APPROPRIA9 TIONS.— 

10 (i) IN GENERAL.—There is authorized 

11 to be appropriated to the Secretary to 

12 carry out the activities described in sub13 paragraph (A) $5,000,000, to remain 

14 available until expended. 

15 (ii) UNEXPENDED FUNDS.—Any 

16 funds that remain unexpended on the date 

17 on which title to the Hualapai Water 

18 Project is transferred to the Hualapai 

19 Tribe pursuant to paragraph (6) shall re20 vert to the Treasury. 

21 (iii) PROHIBITION.—The Secretary 

22 shall not use any amounts from the 

23 Hualapai Water Project Account or the 

24 Hualapai OM&R Trust Account to carry 


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1 out the activities described in subpara2 graph (A). 

3 (6) TITLE TO HUALAPAI WATER PROJECT.— 

4 (A) IN GENERAL.—The Secretary shall 

5 convey to the Hualapai Tribe title to the 

6 Hualapai Water Project on the date on which 

7 the Secretary issues a notice including— 

8 (i) a certification that the infrastruc9 ture constructed is capable of storing, di10 verting, treating, transmitting, and distrib11 uting a supply of water as generally set 

12 forth in the final project design described 

13 in paragraph (3); 

14 (ii) a finding that the Hualapai Water 

15 Project is substantially complete; and 

16 (iii) a certification that the Secretary 

17 has consulted with the Hualapai Tribe re18 garding the finding described in clause (ii). 

19 (B) LIMITATION ON LIABILITY.— 

20 (i) IN GENERAL.—Subject to clause 

21 (ii), beginning on the date on which the 

22 Secretary transfers to the Hualapai Tribe 

23 title to the Hualapai Water Project under 

24 subparagraph (A), the United States shall 

25 not be held liable by any court for damages 


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1 arising out of any act, omission, or occur2 rence relating to the facilities transferred. 

3 (ii) SAVINGS CLAUSE.—Clause (i) 

4 shall not apply to liability for damages 

5 caused by an intentional act or an act of 

6 negligence committed by the United 

7 States, or by employees or agents of the 

8 United States, occurring prior to the date 

9 on which the Secretary transfers to the 

10 Hualapai Tribe title to the Hualapai Water 

11 Project under subparagraph (A). 

12 (C) OM&R OBLIGATION OF UNITED

13 STATES AFTER CONVEYANCE.—Beginning on 

14 the date on which the Secretary transfers to the 

15 Hualapai Tribe title to the Hualapai Water 

16 Project under subparagraph (A), the United 

17 States shall have no obligation to pay for the 

18 OM&R costs of the Hualapai Water Project. 

19 (7) TECHNICAL ASSISTANCE.— 

20 (A) IN GENERAL.—Subject to the avail21 ability of appropriations, the Secretary shall 

22 provide to the Hualapai Tribe technical assist23 ance, including operation and management 

24 training, to prepare the Hualapai Tribe for the 

25 operation of the Hualapai Water Project. 


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1 (B) AUTHORIZATION OF APPROPRIA2 TIONS.— 

3 (i) IN GENERAL.—There is authorized 

4 to be appropriated to the Secretary to 

5 carry out the activities described in sub6 paragraph (A) $2,000,000, to remain 

7 available until expended. 

8 (ii) UNEXPENDED FUNDS.—Any 

9 funds that remain unexpended on the date 

10 on which title to the Hualapai Water 

11 Project is transferred to the Hualapai 

12 Tribe pursuant to paragraph (6) shall re13 vert to the Treasury. 

14 (8) PROJECT MANAGEMENT COMMITTEE.—The 

15 Secretary shall facilitate the formation of a project 

16 management committee composed of representatives 

17 from the Bureau of Reclamation, the Bureau of In18 dian Affairs, the National Park Service, the United 

19 States Fish and Wildlife Service, and the Hualapai 

20 Tribe— 

21 (A) to review cost factors and budgets for 

22 construction, operation, and maintenance activi23 ties for the Hualapai Water Project; 


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•HR 2459 IH

1 (B) to improve management of inherently 

2 governmental functions through enhanced com3 munication; and 

4 (C) to seek additional ways to reduce over5 all costs for the Hualapai Water Project. 

6 (9) AUTHORIZATION TO CONSTRUCT.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), beginning on the day after the en9 forceability date, the Secretary may construct 

10 the Hualapai Water Project. 

11 (B) PRECONSTRUCTION ACTIVITIES.— 

12 (i) IN GENERAL.—Notwithstanding 

13 subparagraph (A) and subject to clause 

14 (ii), on or before the enforceability date, 

15 the Secretary may use not more than 

16 $15,233,000 of the amounts deposited in 

17 the Hualapai Water Project Account under 

18 subsection (b)(6) to carry out, for the 

19 Hualapai Water Project— 

20 (I) preconstruction activities; and 

21 (II) necessary environmental 

22 studies. 

23 (ii) FLUCTUATION IN COSTS.—The 

24 amount described in clause (i) shall be in25 creased or decreased, as appropriate, by 


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•HR 2459 IH

1 such amounts as may be justified by rea2 son of fluctuations in applicable engineer3 ing cost indices occurring after February 

4 29, 2016. 

5 (b) HUALAPAI WATER PROJECT ACCOUNT.— 

6 (1) ESTABLISHMENT.— 

7 (A) IN GENERAL.—There is established in 

8 the Treasury of the United States an account, 

9 to be known as the ‘‘Hualapai Water Project 

10 Account’’, for use in constructing the Hualapai 

11 Water Project. 

12 (B) ADMINISTRATION.—The Hualapai 

13 Water Project Account shall be administered by 

14 the Secretary. 

15 (C) COMPOSITION.—The Hualapai Water 

16 Project Account shall consist of the amounts 

17 deposited in the account under paragraph (6), 

18 together with any interest accrued on those 

19 amounts. 

20 (2) MANAGEMENT.— 

21 (A) IN GENERAL.—The Secretary shall 

22 manage the Hualapai Water Project Account in 

23 a manner that is consistent with— 


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•HR 2459 IH

1 (i) the American Indian Trust Fund 

2 Management Reform Act of 1994 (25 

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

4 (ii) this subsection. 

5 (B) INVESTMENTS.—The Secretary shall 

6 invest amounts in the Hualapai Water Project 

7 Account in accordance with— 

8 (i) the Act of April 1, 1880 (21 Stat. 

9 70, chapter 41; 25 U.S.C. 161); 

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

11 24, 1938 (52 Stat. 1037, chapter 648; 25 

12 U.S.C. 162a); and 

13 (iii) obligations of Federal corpora14 tions and Federal Government-sponsored 

15 entities, the charter documents of which 

16 provide that the obligations of the entities 

17 are lawful investments for federally man18 aged funds, including— 

19 (I) obligations of the United 

20 States Postal Service described in sec21 tion 2005 of title 39, United States 

22 Code; 

23 (II) bonds and other obligations 

24 of the Tennessee Valley Authority de25 scribed in section 15d of the TenVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 nessee Valley Authority Act of 1933 

2 (16 U.S.C. 831n–4); 

3 (III) mortgages, obligations, or 

4 other securities of the Federal Home 

5 Loan Mortgage Corporation described 

6 in section 303 of the Federal Home 

7 Loan Mortgage Corporation Act (12 

8 U.S.C. 1452); and 

9 (IV) bonds, notes, or debentures 

10 of the Commodity Credit Corporation 

11 described in section 4 of the Act of 

12 March 8, 1938 (52 Stat. 108, chapter 

13 44; 15 U.S.C. 713a–4). 

14 (C) CREDITS TO ACCOUNT.—The interest 

15 on, and the proceeds from, the sale or redemp16 tion of any obligations held in the Hualapai 

17 Water Project Account shall be credited to, and 

18 form a part of, the Hualapai Water Project Ac19 count. 

20 (3) PROJECT EFFICIENCIES.—If the total cost 

21 of planning, design, and construction activities of 

22 the Hualapai Water Project results in cost savings 

23 and is less than the amounts authorized to be appro24 priated under paragraph (6), the Secretary, at the 

25 request of the Hualapai Tribe, may— 


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•HR 2459 IH

1 (A) use those cost savings to carry out 

2 capital improvement projects associated with 

3 the Hualapai Water Project; or 

4 (B) transfer those cost savings to the 

5 Hualapai OM&R Trust Account. 

6 (4) NO REIMBURSEMENT.—The Secretary shall 

7 not be reimbursed by any entity, including the 

8 Hualapai Tribe, for any amounts expended by the 

9 Secretary in carrying out this section. 

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

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

13 subsection (a)(9)(B), amounts appropriated to, 

14 and deposited in, the Hualapai Water Project 

15 Account shall not be available to the Secretary 

16 for expenditure until the enforceability date. 

17 (B) INVESTMENT EARNINGS.—Investment 

18 earnings under paragraph (2) on amounts de19 posited in the Hualapai Water Project Account 

20 shall not be available to the Secretary for ex21 penditure until the enforceability date. 

22 (6) AUTHORIZATION OF APPROPRIATIONS.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), there is authorized to be appro25 priated to the Secretary for deposit in the 


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1 Hualapai Water Project Account $134,500,000, 

2 to remain available until expended. 

3 (B) FLUCTUATION IN COSTS.—The 

4 amount authorized to be appropriated under 

5 subparagraph (A) shall be increased or de6 creased, as appropriate, by such amounts as 

7 may be justified by reason of fluctuations in ap8 plicable engineering cost indices occurring after 

9 February 29, 2016, until the date on which title 

10 to the Hualapai Water Project is transferred to 

11 the Hualapai Tribe under subsection (a)(6)(A). 

12 (c) HUALAPAI OM&R TRUST ACCOUNT.— 

13 (1) ESTABLISHMENT.— 

14 (A) IN GENERAL.—There is established in 

15 the Treasury of the United States a trust ac16 count, to be known as the ‘‘Hualapai OM&R 

17 Trust Account’’, for the OM&R of the Hualapai 

18 Water Project. 

19 (B) ADMINISTRATION.—The Hualapai 

20 OM&R Trust Account shall be administered by 

21 the Secretary. 

22 (C) COMPOSITION.—The Hualapai OM&R 

23 Trust Account shall consist of the amounts de24 posited in the account under paragraph (4), toVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 gether with any interest accrued on those 

2 amounts. 

3 (2) MANAGEMENT.— 

4 (A) IN GENERAL.—The Secretary shall 

5 manage the Hualapai OM&R Trust Account in 

6 a manner that is consistent with— 

7 (i) the American Indian Trust Fund 

8 Management Reform Act of 1994 (25 

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

10 (ii) this subsection. 

11 (B) INVESTMENTS.—The Secretary shall 

12 invest amounts in the Hualapai OM&R Trust 

13 Account in accordance with the laws and obliga14 tions described in clauses (i) through (iii) of 

15 subsection (b)(2)(B). 

16 (3) AVAILABILITY OF AMOUNTS.—Beginning on 

17 the date on which title to the Hualapai Water 

18 Project is transferred to the Hualapai Tribe under 

19 subsection (a)(6)(A), the Secretary shall make avail20 able to the Hualapai Tribe all amounts appropriated 

21 to, and deposited in, the Hualapai OM&R Trust Ac22 count. 

23 (4) AUTHORIZATION OF APPROPRIATIONS.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B) and in addition to any amounts 


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•HR 2459 IH

1 transferred from the Hualapai Water Project 

2 Account pursuant to subsection (b)(3)(B), there 

3 is authorized to be appropriated to the Sec4 retary for deposit and retention in the Hualapai 

5 OM&R Trust Account $32,000,000, to remain 

6 available until expended. 

7 (B) FLUCTUATION IN COSTS.—The 

8 amount authorized to be appropriated under 

9 subparagraph (A) shall be increased or de10 creased, as appropriate, by such amounts as 

11 may be justified by reason of fluctuations in ap12 plicable engineering cost indices occurring after 

13 February 29, 2016. 

14 SEC. 7. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 

15 (a) HUALAPAI TRIBE.— 

16 (1) CLAIMS AGAINST THE STATE AND OTH17 ERS.— 

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

19 subparagraph (C), the Hualapai Tribe, on be20 half of the Hualapai Tribe and the members of 

21 the Hualapai Tribe (but not members in the ca22 pacity of the members as allottees) and the 

23 United States, acting as trustee for the 

24 Hualapai Tribe and the members of the 

25 Hualapai Tribe (but not members in the capacVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 ity of the members as allottees), as part of the 

2 performance of the respective obligations of the 

3 Hualapai Tribe and the United States under 

4 the Hualapai Tribe water rights settlement 

5 agreement and this Act, are authorized to exe6 cute a waiver and release of any claims against 

7 the State (or any agency or political subdivision 

8 of the State) and any other individual, entity, 

9 corporation, or municipal corporation under 

10 Federal, State, or other law for all— 

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

12 water rights, including rights to Colorado 

13 River water, for Hualapai land, arising 

14 from time immemorial and, thereafter, for15 ever; 

16 (ii) past, present, and future claims 

17 for water rights, including rights to Colo18 rado River water, arising from time imme19 morial and, thereafter, forever, that are 

20 based on the aboriginal occupancy of land 

21 by the Hualapai Tribe, the predecessors of 

22 the Hualapai Tribe, the members of the 

23 Hualapai Tribe, or predecessors of the 

24 members of the Hualapai Tribe; 


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1 (iii) past and present claims for injury 

2 to water rights, including injury to rights 

3 to Colorado River water, for Hualapai 

4 land, arising from time immemorial 

5 through the enforceability date; 

6 (iv) past, present, and future claims 

7 for injury to water rights, including injury 

8 to rights to Colorado River water, arising 

9 from time immemorial and, thereafter, for10 ever, that are based on the aboriginal occu11 pancy of land by the Hualapai Tribe, the 

12 predecessors of the Hualapai Tribe, the 

13 members of the Hualapai Tribe, or prede14 cessors of the members of the Hualapai 

15 Tribe; 

16 (v) claims for injury to water rights, 

17 including injury to rights to Colorado 

18 River water, arising after the enforceability 

19 date, for Hualapai land, resulting from the 

20 off-Reservation diversion or use of water in 

21 a manner not in violation of the Hualapai 

22 Tribe water rights settlement agreement or 

23 State law; 

24 (vi) past, present, and future claims 

25 arising out of, or relating in any manner 


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1 to, the negotiation, execution, or adoption 

2 of the Hualapai Tribe water rights settle3 ment agreement, any judgment or decree 

4 approving or incorporating the Hualapai 

5 Tribe water rights settlement agreement, 

6 or this Act; and 

7 (vii) claims for water rights of the 

8 Hualapai Tribe or the United States, act9 ing as trustee for the Hualapai Tribe and 

10 members of the Hualapai Tribe with re11 spect to Parcel 3, in excess of 300 AFY. 

12 (B) EFFECTIVE DATE.—The waiver and 

13 release of claims described in subparagraph (A) 

14 shall take effect on the enforceability date. 

15 (C) RESERVATION OF RIGHTS AND RETEN16 TION OF CLAIMS.—Notwithstanding the waiver 

17 and release of claims described in subparagraph 

18 (A), the Hualapai Tribe, acting on behalf of the 

19 Hualapai Tribe and the members of the 

20 Hualapai Tribe, and the United States, acting 

21 as trustee for the Hualapai Tribe and the mem22 bers of the Hualapai Tribe (but not members in 

23 the capacity of the members as allottees), shall 

24 retain any right— 


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1 (i) subject to subparagraph 12.7 of 

2 the Hualapai Tribe water rights settlement 

3 agreement, to assert claims for injuries to, 

4 and seek enforcement of, the rights of the 

5 Tribe under the Hualapai Tribe water 

6 rights settlement agreement or this Act in 

7 any Federal or State court of competent 

8 jurisdiction; 

9 (ii) to assert claims for injuries to, 

10 and seek enforcement of, the rights of the 

11 Hualapai Tribe under any judgment or de12 cree approving or incorporating the 

13 Hualapai Tribe water rights settlement 

14 agreement; 

15 (iii) to assert claims for water rights 

16 based on State law for land owned or ac17 quired by the Hualapai Tribe in fee, under 

18 subparagraph 4.8 of the Hualapai Tribe 

19 water rights settlement agreement; 

20 (iv) to object to any claims for water 

21 rights or injury to water rights by or for 

22 any Indian tribe or the United States, act23 ing on behalf of any Indian tribe; 

24 (v) to assert past, present, or future 

25 claims for injury to water rights against 


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•HR 2459 IH

1 any Indian tribe or the United States, act2 ing on behalf of any Indian tribe; 

3 (vi) to assert claims for injuries to, 

4 and seek enforcement of, the rights of the 

5 Hualapai Tribe under the Bill Williams 

6 agreements or the Bill Williams Act in any 

7 Federal or State court of competent juris8 diction; and 

9 (vii) subject to paragraphs (1), (3), 

10 (4), and (5) of section 5(e), to assert the 

11 rights of the Hualapai Tribe under any 

12 Colorado River water entitlement pur13 chased by or donated to the Hualapai 

14 Tribe. 

15 (2) CLAIMS AGAINST UNITED STATES.— 

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

17 subparagraph (C), the Hualapai Tribe, acting 

18 on behalf of the Hualapai Tribe and the mem19 bers of the Hualapai Tribe (but not members in 

20 the capacity of the members as allottees) as 

21 part of the performance of the obligations of 

22 the Hualapai Tribe under the Hualapai Tribe 

23 water rights settlement agreement and this Act, 

24 is authorized to execute a waiver and release of 

25 all claims against the United States, including 


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1 agencies, officials, and employees of the United 

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

3 all— 

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

5 water rights, including rights to Colorado 

6 River water, for Hualapai land, arising 

7 from time immemorial and, thereafter, for8 ever; 

9 (ii) past, present, and future claims 

10 for water rights, including rights to Colo11 rado River water, arising from time imme12 morial and, thereafter, forever, that are 

13 based on the aboriginal occupancy of land 

14 by the Hualapai Tribe, the predecessors of 

15 the Hualapai Tribe, the members of the 

16 Hualapai Tribe, or predecessors of the 

17 members of the Hualapai Tribe; 

18 (iii) past and present claims relating 

19 in any manner to damages, losses, or in20 jury to water rights (including injury to 

21 rights to Colorado River water), land, or 

22 other resources due to loss of water or 

23 water rights (including damages, losses, or 

24 injuries to hunting, fishing, gathering, or 

25 cultural rights due to loss of water or 


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1 water rights, claims relating to interference 

2 with, diversion, or taking of water, or 

3 claims relating to the failure to protect, ac4 quire, or develop water, water rights, or 

5 water infrastructure) within the State that 

6 first accrued at any time prior to the en7 forceability date; 

8 (iv) past and present claims for injury 

9 to water rights, including injury to rights 

10 to Colorado River water, for Hualapai 

11 land, arising from time immemorial 

12 through the enforceability date; 

13 (v) past, present, and future claims 

14 for injury to water rights, including injury 

15 to rights to Colorado River water, arising 

16 from time immemorial and, thereafter, for17 ever, that are based on the aboriginal occu18 pancy of land by the Hualapai Tribe, the 

19 predecessors of the Hualapai Tribe, the 

20 members of the Hualapai Tribe, or prede21 cessors of the members of the Hualapai 

22 Tribe; 

23 (vi) claims for injury to water rights, 

24 including injury to rights to Colorado 

25 River water, arising after the enforceability 


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1 date for Hualapai land, resulting from the 

2 off-Reservation diversion or use of water in 

3 a manner not in violation of the Hualapai 

4 Tribe water rights settlement agreement or 

5 State law; and 

6 (vii) past, present, and future claims 

7 arising out of, or relating in any manner 

8 to, the negotiation, execution, or adoption 

9 of the Hualapai Tribe water rights settle10 ment agreement, any judgment or decree 

11 approving or incorporating the Hualapai 

12 Tribe water rights settlement agreement, 

13 or this Act. 

14 (B) EFFECTIVE DATE.—The waiver and 

15 release of claims described in subparagraph (A) 

16 shall take effect on the enforceability date. 

17 (C) RETENTION OF CLAIMS.—Notwith18 standing the waiver and release of claims de19 scribed in subparagraph (A), the Hualapai 

20 Tribe and the members of the Hualapai Tribe 

21 (but not members in the capacity of the mem22 bers as allottees) shall retain any right— 

23 (i) subject to subparagraph 12.7 of 

24 the Hualapai Tribe water rights settlement 

25 agreement, to assert claims for injuries to, 


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•HR 2459 IH

1 and seek enforcement of, the rights of the 

2 Tribe under the Hualapai Tribe water 

3 rights settlement agreement or this Act in 

4 any Federal or State court of competent 

5 jurisdiction; 

6 (ii) to assert claims for injuries to, 

7 and seek enforcement of, the rights of the 

8 Hualapai Tribe under any judgment or de9 cree approving or incorporating the 

10 Hualapai Tribe water rights settlement 

11 agreement; 

12 (iii) to assert claims for water rights 

13 based on State law for land owned or ac14 quired by the Hualapai Tribe in fee, under 

15 subparagraph 4.8 of the Hualapai Tribe 

16 water rights settlement agreement; 

17 (iv) to object to any claims for water 

18 rights or injury to water rights by or for 

19 any Indian tribe or the United States, act20 ing on behalf of any Indian tribe; 

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

22 claims for injury to water rights against 

23 any Indian tribe or the United States, act24 ing on behalf of any Indian tribe; 


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1 (vi) to assert claims for injuries to, 

2 and seek enforcement of, the rights of the 

3 Hualapai Tribe under the Bill Williams 

4 agreements or the Bill Williams Act in any 

5 Federal or State court of competent juris6 diction; and 

7 (vii) subject to paragraphs (1), (3), 

8 (4), and (5) of section 5(e), to assert the 

9 rights of the Hualapai Tribe under any 

10 Colorado River water entitlement pur11 chased by or donated to the Hualapai 

12 Tribe. 

13 (b) WAIVERS AND RELEASES OF CLAIMS BY UNITED

14 STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (3), the United States, acting as trustee for 

17 the allottees of the Hualapai Tribe, as part of the 

18 performance of the obligations of the United States 

19 under the Hualapai Tribe water rights settlement 

20 agreement and this Act, is authorized to execute a 

21 waiver and release of any claims against the State 

22 (or any agency or political subdivision of the State), 

23 the Hualapai Tribe, and any other individual, entity, 

24 corporation, or municipal corporation under Federal, 

25 State, or other law, for all— 


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

2 water rights, including rights to Colorado River 

3 water, for the allotments, arising from time im4 memorial and, thereafter, forever; 

5 (B) past, present, and future claims for 

6 water rights, including rights to Colorado River 

7 water, arising from time immemorial and, 

8 thereafter, forever, that are based on the ab9 original occupancy of land by the allottees or 

10 predecessors of the allottees; 

11 (C) past and present claims for injury to 

12 water rights, including injury to rights to Colo13 rado River water, for the allotments, arising 

14 from time immemorial through the enforce15 ability date; 

16 (D) past, present, and future claims for in17 jury to water rights, if any, including injury to 

18 rights to Colorado River water, arising from 

19 time immemorial and, thereafter, forever, that 

20 are based on the aboriginal occupancy of land 

21 by the allottees or predecessors of the allottees; 

22 (E) claims for injury to water rights, in23 cluding injury to rights to Colorado River 

24 water, arising after the enforceability date, for 

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1 tion diversion or use of water in a manner not 

2 in violation of the Hualapai Tribe water rights 

3 settlement agreement or State law; 

4 (F) past, present, and future claims aris5 ing out of, or relating in any manner to, the ne6 gotiation, execution, or adoption of the 

7 Hualapai Tribe water rights settlement agree8 ment, any judgment or decree approving or in9 corporating the Hualapai Tribe water rights 

10 settlement agreement, or this Act; and 

11 (G) claims for any water rights of the 

12 allottees or the United States acting as trustee 

13 for the allottees with respect to— 

14 (i) Parcel 1, in excess of 82 AFY; or 

15 (ii) Parcel 2, in excess of 312 AFY. 

16 (2) EFFECTIVE DATE.—The waiver and release 

17 of claims under subparagraph (A) shall take effect 

18 on the enforceability date. 

19 (3) RETENTION OF CLAIMS.—Notwithstanding 

20 the waiver and release of claims described in para21 graph (1), the United States, acting as trustee for 

22 the allottees of the Hualapai Tribe, shall retain any 

23 right— 

24 (A) subject to subparagraph 12.7 of the 

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1 ment, to assert claims for injuries to, and seek 

2 enforcement of, the rights of the allottees, if 

3 any, under the Hualapai Tribe water rights set4 tlement agreement or this Act in any Federal or 

5 State court of competent jurisdiction; 

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

7 seek enforcement of, the rights of the allottees 

8 under any judgment or decree approving or in9 corporating the Hualapai Tribe water rights 

10 settlement agreement; 

11 (C) to object to any claims for water rights 

12 or injury to water rights by or for— 

13 (i) any Indian tribe other than the 

14 Hualapai Tribe; or 

15 (ii) the United States, acting on be16 half of any Indian tribe other than the 

17 Hualapai Tribe; 

18 (D) to assert past, present, or future 

19 claims for injury to water rights against— 

20 (i) any Indian tribe other than the 

21 Hualapai Tribe; or 

22 (ii) the United States, acting on be23 half of any Indian tribe other than the 

24 Hualapai Tribe; and 


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

2 seek enforcement of, the rights of the allottees 

3 under the Bill Williams agreements or the Bill 

4 Williams Act in any Federal or State court of 

5 competent jurisdiction. 

6 (c) WAIVER AND RELEASE OF CLAIMS BY UNITED

7 STATES AGAINST HUALAPAI TRIBE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (3), the United States, in all capacities (ex10 cept as trustee for an Indian tribe other than the 

11 Hualapai Tribe), as part of the performance of the 

12 obligations of the United States under the Hualapai 

13 Tribe water rights settlement agreement and this 

14 Act, is authorized to execute a waiver and release of 

15 all claims against the Hualapai Tribe, the members 

16 of the Hualapai Tribe, or any agency, official, or 

17 employee of the Hualapai Tribe, under Federal, 

18 State or any other law for all— 

19 (A) past and present claims for injury to 

20 water rights, including injury to rights to Colo21 rado River water, resulting from the diversion 

22 or use of water on Hualapai land arising from 

23 time immemorial through the enforceability 

24 date; 


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1 (B) claims for injury to water rights, in2 cluding injury to rights to Colorado River 

3 water, arising after the enforceability date, re4 sulting from the diversion or use of water on 

5 Hualapai land in a manner that is not in viola6 tion of the Hualapai Tribe water rights settle7 ment agreement or State law; and 

8 (C) past, present, and future claims aris9 ing out of, or related in any manner to, the ne10 gotiation, execution, or adoption of the 

11 Hualapai Tribe water rights settlement agree12 ment, any judgment or decree approving or in13 corporating the Hualapai Tribe water rights 

14 settlement agreement, or this Act. 

15 (2) EFFECTIVE DATE.—The waiver and release 

16 of claims described in paragraph (1) shall take effect 

17 on the enforceability date. 

18 (3) RETENTION OF CLAIMS.—Notwithstanding 

19 the waiver and release of claims described in para20 graph (1), the United States shall retain any right 

21 to assert any claim not expressly waived in accord22 ance with paragraph (1), including any right to as23 sert a claim for injury to, and seek enforcement of, 

24 any right of the United States under the Bill WilVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 liams agreements or the Bill Williams Act, in any 

2 Federal or State court of competent jurisdiction. 

3 (d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS

4 SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE5 TENTION OF CLAIMS.— 

6 (1) CLAIMS AGAINST FREEPORT.— 

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

8 subparagraph (C), the United States, acting 

9 solely on behalf of the Department of the Inte10 rior (including the Bureau of Land Manage11 ment and the United States Fish and Wildlife 

12 Service), as part of the performance of the obli13 gations of the United States under the Bill Wil14 liams River phase 2 water rights settlement 

15 agreement, is authorized to execute a waiver 

16 and release of all claims of the United States 

17 against Freeport under Federal, State, or any 

18 other law for— 

19 (i) any past or present claim for in20 jury to water rights resulting from— 

21 (I) the diversion or use of water 

22 by Freeport pursuant to the water 

23 rights described in Exhibit 4.1(ii) to 

24 the Bill Williams River phase 2 water 

25 rights settlement agreement; and 


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1 (II) any other diversion or use of 

2 water for mining purposes authorized 

3 by the Bill Williams River phase 2 

4 water rights settlement agreement; 

5 (ii) any claim for injury to water 

6 rights arising after the enforceability date 

7 described in section 12(d) resulting from— 

8 (I) the diversion or use of water 

9 by Freeport pursuant to the water 

10 rights described in Exhibit 4.1(ii) to 

11 the Bill Williams River phase 2 water 

12 rights settlement agreement in a man13 ner not in violation of the Bill Wil14 liams River phase 2 water rights set15 tlement agreement; 

16 (II) the diversion of up to 2,500 

17 AFY of water by Freeport from Syca18 more Creek as permitted by section 

19 4.3(iv) of the Bill Williams River 

20 phase 2 water rights settlement agree21 ment; and 

22 (III) any other diversion or use 

23 of water by Freeport authorized by 

24 the Bill Williams River phase 2 water 

25 rights settlement agreement, subject 


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•HR 2459 IH

1 to the condition that such a diversion 

2 and use of water is conducted in a 

3 manner not in violation of the Bill 

4 Williams River phase 2 water rights 

5 settlement agreement; and 

6 (iii) any past, present, or future claim 

7 arising out of, or relating in any manner 

8 to, the negotiation or execution of the Bill 

9 Williams River phase 2 water rights settle10 ment agreement, the Hualapai Tribe water 

11 rights settlement agreement, or this Act. 

12 (B) EFFECTIVE DATE.—The waiver and 

13 release of claims under subparagraph (A) shall 

14 take effect on the enforceability date described 

15 in section 12(d). 

16 (C) RETENTION OF CLAIMS.—The United 

17 States shall retain all rights not expressly 

18 waived in the waiver and release of claims 

19 under subparagraph (A), including, subject to 

20 section 6.4 of the Bill Williams River phase 2 

21 water rights settlement agreement, the right to 

22 assert a claim for injury to, and seek enforce23 ment of, the Bill Williams River phase 2 water 

24 rights settlement agreement or this Act, in any 


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•HR 2459 IH

1 Federal or State court of competent jurisdiction 

2 (but not a tribal court). 

3 (2) NO PRECEDENTIAL EFFECT.— 

4 (A) PENDING AND FUTURE PRO5 CEEDINGS.—The Bill Williams River phase 2 

6 water rights settlement agreement shall have no 

7 precedential effect in any other administrative 

8 or judicial proceeding, including— 

9 (i) any pending or future general 

10 stream adjudication, or any other litigation 

11 involving Freeport or the United States, 

12 including any proceeding to establish or 

13 quantify a Federal reserved water right; 

14 (ii) any pending or future administra15 tive or judicial proceeding relating to an 

16 application— 

17 (I) to appropriate water (for 

18 instream flow or other purposes); 

19 (II) to sever and transfer a water 

20 right; 

21 (III) to change a point of diver22 sion; or 

23 (IV) to change a place of use for 

24 any water right; or 


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•HR 2459 IH

1 (iii) any proceeding regarding water 

2 rights or a claim relating to any Federal 

3 land. 

4 (B) NO METHODOLOGY OR STANDARD.— 

5 Nothing in the Bill Williams River phase 2 

6 water rights settlement agreement establishes 

7 any standard or methodology to be used for the 

8 quantification of any claim to water rights 

9 (whether based on Federal or State law) in any 

10 judicial or administrative proceeding, other than 

11 a proceeding to enforce the terms of the Bill 

12 Williams River phase 2 water rights settlement 

13 agreement. 

14 SEC. 8. SATISFACTION OF WATER RIGHTS AND OTHER BEN15 EFITS. 

16 (a) HUALAPAI TRIBE AND MEMBERS.— 

17 (1) IN GENERAL.—The benefits realized by the 

18 Hualapai Tribe and the members of the Hualapai 

19 Tribe (but not members in the capacity of the mem20 bers as allottees) under the Hualapai Tribe water 

21 rights settlement agreement, this Act, the Bill Wil22 liams agreements, and the Bill Williams Act shall be 

23 in full satisfaction of all claims of the Hualapai 

24 Tribe, the members of the Hualapai Tribe, and the 

25 United States, acting in the capacity of the United 


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•HR 2459 IH

1 States as trustee for the Hualapai Tribe and the 

2 members of the Hualapai Tribe, for water rights and 

3 injury to water rights under Federal, State, or other 

4 law with respect to Hualapai land. 

5 (2) SATISFACTION.—Any entitlement to water 

6 of the Hualapai Tribe and the members of the 

7 Hualapai Tribe (but not members in the capacity of 

8 the members as allottees) or the United States, act9 ing in the capacity of the United States as trustee 

10 for the Hualapai Tribe and the members of the 

11 Hualapai Tribe, for Hualapai land shall be satisfied 

12 out of the water resources and other benefits grant13 ed, confirmed, quantified, or recognized by the 

14 Hualapai Tribe water rights settlement agreement, 

15 this Act, the Bill Williams agreements, and the Bill 

16 Williams Act to or for the Hualapai Tribe, the mem17 bers of the Hualapai Tribe, and the United States, 

18 acting in the capacity of the United States as trust19 ee for the Hualapai Tribe and the members of the 

20 Hualapai Tribe. 

21 (b) ALLOTTEE WATER CLAIMS.— 

22 (1) IN GENERAL.—The benefits realized by the 

23 allottees of the Hualapai Tribe under the Hualapai 

24 Tribe water rights settlement agreement, this Act, 

25 the Bill Williams agreements, and the Bill Williams 


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1 Act shall be in complete replacement of and substi2 tution for, and full satisfaction of, all claims with re3 spect to allotments of the allottees and the United 

4 States, acting in the capacity of the United States 

5 as trustee for the allottees, for water rights and in6 jury to water rights under Federal, State, or other 

7 law. 

8 (2) SATISFACTION.—Any entitlement to water 

9 of the allottees or the United States, acting in the 

10 capacity of the United States as trustee for the 

11 allottees, for allotments shall be satisfied out of the 

12 water resources and other benefits granted, con13 firmed or recognized by the Hualapai Tribe water 

14 rights settlement agreement, this Act, the Bill Wil15 liams agreements, and the Bill Williams Act to or 

16 for the allottees and the United States, acting as 

17 trustee for the allottees. 

18 (c) EFFECT.—Notwithstanding subsections (a) and 

19 (b), nothing in this Act or the Hualapai Tribe water rights 

20 settlement agreement— 

21 (1) recognizes or establishes any right of a 

22 member of the Hualapai Tribe or an allottee to 

23 water on Hualapai land; or 


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1 (2) prohibits the Hualapai Tribe or an allottee 

2 from acquiring additional water rights by purchase 

3 of land, credits, or water rights. 

4 SEC. 9. LAND ADDED TO HUALAPAI RESERVATION. 

5 The following land in the State is added to the 

6 Hualapai Reservation: 

7 (1) The land held in trust by the United States 

8 for the Hualapai Tribe by the first section of Public 

9 Law 93–560 (88 Stat. 1820). 

10 (2) The land deeded to the United States in the 

11 capacity of the United States as trustee for the 

12 Hualapai Tribe pursuant to the 1947 judgment. 

13 SEC. 10. TRUST LAND. 

14 (a) NEW TRUST LAND.—Beginning on the date of 

15 enactment of this Act, the Secretary shall accept the con16 veyance of, and hold in trust for the benefit of the 

17 Hualapai Tribe, the following parcels of land owned in fee 

18 as of that date of enactment by the Hualapai Tribe: 

19 (1) CHOLLA CANYON RANCH PARCELS.—In T. 

20 16 N., R. 13 W., Gila and Salt River Base and Me21 ridian, Mohave County, Arizona— 

(A) SW1 22 ⁄4 sec. 25; and 

(B) NE1⁄4 and NE1⁄4SE1 23 ⁄4 sec. 35. 

24 (2) TRUXTON TRIANGLE.—That portion of the 

S1 25 ⁄2 sec. 3, lying south of the south boundary of the 


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1 Hualapai Reservation and north of the north right2 of-way boundary of Arizona Highway 66, and 

3 bounded by the west section line of that sec. 3 and 

4 the south section line of that sec. 3, T. 24 N., R. 

5 12 W., Gila and Salt River Base and Meridian, Mo6 have County, Arizona. 

(3) HUNT PARCEL 4.—SW1⁄4NE1 7 ⁄4 sec. 7, T. 

8 25 N., R. 13 W., Gila and Salt River Base and Me9 ridian, Mohave County, Arizona. 

10 (4) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 

11 14 W., Gila and Salt River Base and Meridian, Mo12 have County, Arizona— 

(A) NE1⁄4SW1 13 ⁄4 sec. 9; and 

(B) NW1⁄4SE 1 14 ⁄4 sec. 27. 

(5) HUNT PARCEL 3.—SW1⁄4NE1 15 ⁄4 sec. 25, T. 

16 27 N., R. 15 W., Gila and Salt River Base and Me17 ridian, Mohave County, Arizona. 

18 (b) FUTURE TRUST LAND.— 

19 (1) NEW STATUTORY REQUIREMENT.—Effective 

20 beginning on the date of enactment of this Act, any 

21 land located in the State outside the exterior bound22 aries of the Hualapai Reservation may only be taken 

23 into trust by the United States for the benefit of the 

24 Hualapai Tribe by an Act of Congress— 


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1 (A) that specifically authorizes the transfer 

2 of the land for the benefit of the Hualapai 

3 Tribe; and 

4 (B) the date of enactment of which is after 

5 the date of enactment of this Act. 

6 (2) WATER RIGHTS.—Any land taken into trust 

7 for the benefit of the Hualapai Tribe under para8 graph (1)— 

9 (A) shall include water rights only under 

10 State law; and 

11 (B) shall not include any federally reserved 

12 water rights. 

13 SEC. 11. REALLOCATION OF CAP NIA PRIORITY WATER; 

14 FIRMING; WATER DELIVERY CONTRACT; COL15 ORADO RIVER ACCOUNTING. 

16 (a) REALLOCATION TO THE HUALAPAI TRIBE.—On 

17 the enforceability date, the Secretary shall reallocate to 

18 the Hualapai Tribe the Hualapai Tribe CAP water. 

19 (b) FIRMING.— 

20 (1) HUALAPAI TRIBE CAP WATER.—Except as 

21 provided in subsection (c)(2)(H), the Hualapai Tribe 

22 CAP water shall be firmed as follows: 

23 (A) In accordance with section 

24 105(b)(1)(B) of the Arizona Water Settlements 

25 Act (Public Law 108–451; 118 Stat. 3492), for 


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1 the 100-year period beginning on January 1, 

2 2008, the Secretary shall firm 557.50 AFY of 

3 the Hualapai Tribe CAP water to the equiva4 lent of CAP M&I priority water. 

5 (B) In accordance with section 

6 105(b)(2)(B) of the Arizona Water Settlements 

7 Act (Public Law 108–451; 118 Stat. 3492), for 

8 the 100-year period beginning on January 1, 

9 2008, the State shall firm 557.50 AFY of the 

10 Hualapai Tribe CAP water to the equivalent of 

11 CAP M&I priority water. 

12 (2) ADDITIONAL FIRMING.—The Hualapai 

13 Tribe may, at the expense of the Hualapai Tribe, 

14 take additional actions to firm or supplement the 

15 Hualapai Tribe CAP water, including by entering 

16 into agreements for that purpose with the Central 

17 Arizona Water Conservation District, the Arizona 

18 Water Banking Authority, or any other lawful au19 thority, in accordance with State law. 

20 (c) HUALAPAI TRIBE WATER DELIVERY CON21 TRACT.— 

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

23 Hualapai Tribe water rights settlement agreement 

24 and the requirements described in paragraph (2), 


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•HR 2459 IH

1 the Secretary shall enter into the Hualapai Tribe 

2 water delivery contract. 

3 (2) REQUIREMENTS.—The requirements re4 ferred to in paragraph (1) are the following: 

5 (A) IN GENERAL.—The Hualapai Tribe 

6 water delivery contract shall— 

7 (i) be for permanent service (as that 

8 term is used in section 5 of the Boulder 

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

10 (ii) take effect on the enforceability 

11 date; and 

12 (iii) be without limit as to term. 

13 (B) HUALAPAI TRIBE CAP WATER.— 

14 (i) IN GENERAL.—The Hualapai 

15 Tribe CAP water may be delivered for use 

16 in the lower basin in Arizona through— 

17 (I) the Hualapai Water Project; 

18 or 

19 (II) the CAP system. 

20 (ii) METHOD OF DELIVERY.—The 

21 Secretary shall authorize the delivery of 

22 Hualapai Tribe CAP water under this 

23 clause to be effected by the diversion and 

24 use of water directly from the Colorado 

25 River in Arizona. 


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1 (C) CONTRACTUAL DELIVERY.—The Sec2 retary shall deliver the Hualapai Tribe CAP 

3 water to the Hualapai Tribe in accordance with 

4 the terms and conditions of the Hualapai Tribe 

5 water delivery contract. 

6 (D) DISTRIBUTION OF CAP NIA PRIORITY

7 WATER.— 

8 (i) IN GENERAL.—Except as provided 

9 in clause (ii), if, for any year, the available 

10 CAP supply is insufficient to meet all de11 mands under CAP contracts and CAP sub12 contracts for the delivery of CAP NIA pri13 ority water, the Secretary and the CAP op14 erating agency shall prorate the available 

15 CAP NIA priority water among the CAP 

16 contractors and CAP subcontractors hold17 ing contractual entitlements to CAP NIA 

18 priority water on the basis of the quantity 

19 of CAP NIA priority water used by each 

20 such CAP contractor and CAP subcon21 tractor in the last year in which the avail22 able CAP supply was sufficient to fill all 

23 orders for CAP NIA priority water. 

24 (ii) EXCEPTION.— 


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1 (I) IN GENERAL.—Notwith2 standing clause (i), if the available 

3 CAP supply is insufficient to meet all 

4 demands under CAP contracts and 

5 CAP subcontracts for the delivery of 

6 CAP NIA priority water in the year 

7 following the year in which the en8 forceability date occurs, the Secretary 

9 shall assume that the Hualapai Tribe 

10 used the full volume of Hualapai 

11 Tribe CAP water in the last year in 

12 which the available CAP supply was 

13 sufficient to fill all orders for CAP 

14 NIA priority water. 

15 (II) CONTINUATION.—The as16 sumption described in subclause (I) 

17 shall continue until the available CAP 

18 supply is sufficient to meet all de19 mands under CAP contracts and CAP 

20 subcontracts for the delivery of CAP 

21 NIA priority water. 

22 (III) DETERMINATION.—The 

23 Secretary shall determine the quantity 

24 of CAP NIA priority water used by 

25 the Gila River Indian Community and 


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•HR 2459 IH

1 the Tohono O’odham Nation in the 

2 last year in which the available CAP 

3 supply was sufficient to fill all orders 

4 for CAP NIA priority water in a man5 ner consistent with the settlement 

6 agreements with those tribes. 

7 (E) LEASES AND EXCHANGES OF

8 HUALAPAI TRIBE CAP WATER.—On and after 

9 the date on which the Hualapai Tribe water de10 livery contract becomes effective, the Hualapai 

11 Tribe may, with the approval of the Secretary, 

12 enter into contracts or options to lease, or con13 tracts or options to exchange, the Hualapai 

14 Tribe CAP water within the lower basin in Ari15 zona, providing for the temporary delivery to 

16 other persons of any portion of Hualapai Tribe 

17 CAP water. 

18 (F) TERM OF LEASES AND EXCHANGES.— 

19 (i) LEASING.—Contracts to lease and 

20 options to lease under subparagraph (E) 

21 shall be for a term of not more than 100 

22 years. 

23 (ii) EXCHANGING.—Contracts to ex24 change and options to exchange under sub25 paragraph (E) shall be for the term proVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 vided for in the contract or option, as ap2 plicable. 

3 (iii) RENEGOTIATION.—The Hualapai 

4 Tribe may, with the approval of the Sec5 retary, renegotiate any lease described in 

6 subparagraph (E), at any time during the 

7 term of the lease, if the term of the re8 negotiated lease does not exceed 100 years. 

9 (G) PROHIBITION ON PERMANENT ALIEN10 ATION.—No Hualapai Tribe CAP water may be 

11 permanently alienated. 

12 (H) NO FIRMING OF LEASED WATER.— 

13 The firming obligations described in subsection 

14 (b)(1) shall not apply to any Hualapai Tribe 

15 CAP water leased by the Hualapai Tribe to an16 other person. 

17 (I) ENTITLEMENT TO LEASE AND EX18 CHANGE FUNDS; OBLIGATIONS OF UNITED

19 STATES.— 

20 (i) ENTITLEMENT.— 

21 (I) IN GENERAL.—The Hualapai 

22 Tribe shall be entitled to all consider23 ation due to the Hualapai Tribe under 

24 any contract to lease, option to lease, 

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1 change the Hualapai Tribe CAP water 

2 entered into by the Hualapai Tribe. 

3 (II) EXCLUSION.—The United 

4 States shall not, in any capacity, be 

5 entitled to the consideration described 

6 in subclause (I). 

7 (ii) OBLIGATIONS OF UNITED

8 STATES.—The United States shall not, in 

9 any capacity, have any trust or other obli10 gation to monitor, administer, or account 

11 for, in any manner, any funds received by 

12 the Hualapai Tribe as consideration under 

13 any contract to lease, option to lease, con14 tract exchange, or option to exchange the 

15 Hualapai Tribe CAP water entered into by 

16 the Hualapai Tribe, except in a case in 

17 which the Hualapai Tribe deposits the pro18 ceeds of any lease, option to lease, ex19 change, or option to exchange into an ac20 count held in trust for the Hualapai Tribe 

21 by the United States. 

22 (J) WATER USE AND STORAGE.— 

23 (i) IN GENERAL.—The Hualapai 

24 Tribe may use the Hualapai Tribe CAP 

25 water on or off the Hualapai Reservation 


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1 within the lower basin in Arizona for any 

2 purpose. 

3 (ii) STORAGE.—The Hualapai Tribe, 

4 in accordance with State law, may store 

5 the Hualapai Tribe CAP water at one or 

6 more underground storage facilities or 

7 groundwater savings facilities, subject to 

8 the condition that, if the Hualapai Tribe 

9 stores Hualapai Tribe CAP water that has 

10 been firmed pursuant to subsection (b)(1), 

11 the stored water may only be— 

12 (I) used by the Hualapai Tribe; 

13 or 

14 (II) exchanged by the Hualapai 

15 Tribe for water that will be used by 

16 the Hualapai Tribe. 

17 (iii) ASSIGNMENT.—The Hualapai 

18 Tribe, in accordance with State law, may 

19 assign any long-term storage credit ac20 crued as a result of storage described in 

21 clause (ii), subject to the condition that the 

22 Hualapai Tribe shall not assign any long23 term storage credit accrued as a result of 

24 the storage of Hualapai Tribe CAP water 


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1 that has been firmed pursuant to sub2 section (b)(1). 

3 (K) USE OUTSIDE STATE.—The Hualapai 

4 Tribe may not use, lease, exchange, forbear, or 

5 otherwise transfer any Hualapai Tribe CAP 

6 water for use directly or indirectly outside of 

7 the lower basin in Arizona. 

8 (L) CAP FIXED OM&R CHARGES.— 

9 (i) IN GENERAL.—The CAP operating 

10 agency shall be paid the CAP fixed OM&R 

11 charges associated with the delivery of all 

12 the Hualapai Tribe CAP water. 

13 (ii) PAYMENT OF CHARGES.—Except 

14 as provided in subparagraph (O), all CAP 

15 fixed OM&R charges associated with the 

16 delivery of the Hualapai Tribe CAP water 

17 to the Hualapai Tribe shall be paid by— 

18 (I) the Secretary, pursuant to 

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

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

21 1543(f)(2)(A)), subject to the condi22 tion that funds for that payment are 

23 available in the Lower Colorado River 

24 Basin Development Fund; and 


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1 (II) if the funds described in sub2 clause (I) become unavailable, the 

3 Hualapai Tribe. 

4 (M) CAP PUMPING ENERGY CHARGES.— 

5 (i) IN GENERAL.—The CAP operating 

6 agency shall be paid the CAP pumping en7 ergy charges associated with the delivery of 

8 all the Hualapai Tribe CAP water only in 

9 cases in which the CAP system is used for 

10 the delivery of that water. 

11 (ii) PAYMENT OF CHARGES.—Except 

12 for CAP water not delivered through the 

13 CAP system, which does not incur a CAP 

14 pumping energy charge, or water delivered 

15 to other persons as described in subpara16 graph (O), any applicable CAP pumping 

17 energy charges associated with the delivery 

18 of the Hualapai Tribe CAP water shall be 

19 paid by the Hualapai Tribe. 

20 (N) WAIVER OF PROPERTY TAX EQUIVA21 LENCY PAYMENTS.—No property tax or in-lieu 

22 property tax equivalency shall be due or payable 

23 by the Hualapai Tribe for the delivery of CAP 

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1 derground storage facility or groundwater sav2 ings facility. 

3 (O) LESSEE RESPONSIBILITY FOR

4 CHARGES.— 

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

6 to lease providing for the temporary deliv7 ery to other persons of any Hualapai Tribe 

8 CAP water shall require the lessee to pay 

9 the CAP operating agency all CAP fixed 

10 OM&R charges and all CAP pumping en11 ergy charges associated with the delivery of 

12 the leased water. 

13 (ii) NO RESPONSIBILITY FOR PAY14 MENT.—Neither the Hualapai Tribe nor 

15 the United States in any capacity shall be 

16 responsible for the payment of any charges 

17 associated with the delivery of the 

18 Hualapai Tribe CAP water leased to other 

19 persons. 

20 (P) ADVANCE PAYMENT.—No Hualapai 

21 Tribe CAP water shall be delivered unless the 

22 CAP fixed OM&R charges and any applicable 

23 CAP pumping energy charges associated with 

24 the delivery of that water have been paid in ad25 vance. 


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1 (Q) CALCULATION.—The charges for deliv2 ery of the Hualapai Tribe CAP water pursuant 

3 to the Hualapai Tribe water delivery contract 

4 shall be calculated in accordance with the CAP 

5 repayment stipulation. 

6 (R) CAP REPAYMENT.—For purposes of 

7 determining the allocation and repayment of 

8 costs of any stages of the CAP system con9 structed after November 21, 2007, the costs as10 sociated with the delivery of the Hualapai Tribe 

11 CAP water, regardless of whether the Hualapai 

12 Tribe CAP water is delivered for use by the 

13 Hualapai Tribe or in accordance with any lease, 

14 option to lease, exchange, or option to exchange 

15 providing for the delivery to other persons of 

16 the Hualapai Tribe CAP water, shall be— 

17 (i) nonreimbursable; and 

18 (ii) excluded from the repayment obli19 gation of the Central Arizona Water Con20 servation District. 

21 (S) NONREIMBURSABLE CAP CONSTRUC22 TION COSTS.— 

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

24 costs associated with the construction of 


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1 the CAP system allocable to the Hualapai 

2 Tribe— 

3 (I) the costs shall be nonreim4 bursable; and 

5 (II) the Hualapai Tribe shall 

6 have no repayment obligation for the 

7 costs. 

8 (ii) CAPITAL CHARGES.—No CAP 

9 water service capital charges shall be due 

10 or payable for the Hualapai Tribe CAP 

11 water, regardless of whether the water— 

12 (I) is delivered for use by the 

13 Hualapai Tribe; or 

14 (II) is delivered under any lease, 

15 option to lease, exchange, or option to 

16 exchange the Hualapai Tribe CAP 

17 water entered into by the Hualapai 

18 Tribe. 

19 (d) COLORADO RIVER ACCOUNTING.—All Hualapai 

20 Tribe CAP water diverted directly from the Colorado 

21 River shall be accounted for as deliveries of CAP water 

22 within the State. 

23 SEC. 12. ENFORCEABILITY DATE. 

24 (a) IN GENERAL.—Except as provided in subsection 

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1 ment, including the waivers and releases of claims de2 scribed in section 7, shall take effect and be fully enforce3 able, and construction of the Hualapai Water Project may 

4 begin, on the date on which the Secretary publishes in the 

5 Federal Register a statement of findings that— 

6 (1) to the extent that the Hualapai Tribe water 

7 rights settlement agreement conflicts with this Act— 

8 (A) the Hualapai Tribe water rights settle9 ment agreement has been revised through an 

10 amendment to eliminate the conflict; and 

11 (B) the revised Hualapai Tribe water 

12 rights settlement agreement, including any ex13 hibit to that agreement requiring execution by 

14 any party to the agreement, has been executed 

15 by the required party; 

16 (2) the waivers and releases of claims described 

17 in section 7 have been executed by the Hualapai 

18 Tribe and the United States; 

19 (3) the abstracts referenced in subparagraphs 

20 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 

21 water rights settlement agreement have been com22 pleted by the Hualapai Tribe; 

23 (4) the full amount described in section 

24 6(b)(6)(A), as adjusted by section 6(b)(6)(B), has 


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1 been deposited in the Hualapai Water Project Ac2 count; 

3 (5) the full amount described in section 

4 6(c)(4)(A), as adjusted by section 6(c)(4)(B), has 

5 been deposited in the Hualapai OM&R Trust Ac6 count; 

7 (6) the full amounts described in paragraphs 

8 (5)(B)(i) and (7)(B)(i) of section 6(a) have been ap9 propriated; 

10 (7) the Gila River adjudication decree has been 

11 approved by the Gila River adjudication court sub12 stantially in the form of the judgment and decree at13 tached to the Hualapai Tribe water rights settlement 

14 agreement as exhibit 3.1.43; 

15 (8) the Secretary has executed the Hualapai 

16 Tribe water delivery contract described in section 

17 11(c); and 

18 (9) the Secretary has issued a final Record of 

19 Decision approving the construction of the Hualapai 

20 Water Project in a configuration substantially as de21 scribed in section 6. 

22 (b) REPEAL ON FAILURE TO MEET ENFORCE23 ABILITY DATE.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), if the Secretary fails to publish in the 


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1 Federal Register a statement of findings under sub2 section (a) by April 15, 2029— 

3 (A) this Act is repealed; and 

4 (B)(i) any action taken by the Secretary 

5 and any contract or agreement entered into 

6 pursuant to this Act shall be void; and 

7 (ii) any amounts appropriated under sec8 tion 6, together with any investment earnings 

9 on those amounts, less any amounts expended 

10 under section 6(a)(9)(B), shall revert imme11 diately to the general fund of the Treasury. 

12 (2) SEVERABILITY.—Notwithstanding para13 graph (1), if the Secretary fails to publish in the 

14 Federal Register a statement of findings under sub15 section (a) by April 15, 2029, sections 9 and 10(a) 

16 shall remain in effect. 

17 (c) RIGHT TO OFFSET.—If the Secretary has not 

18 published in the Federal Register the statement of find19 ings under subsection (a) by April 15, 2029, the United 

20 States shall be entitled to offset any Federal amounts 

21 made available under section 6(a)(9) that were used or 

22 authorized for any use under that subsection against any 

23 claim asserted by the Hualapai Tribe against the United 

24 States described in section 7(a)(2)(A). 


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1 (d) ENFORCEABILITY DATE FOR BILL WILLIAMS

2 RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREE3 MENT.—Notwithstanding any other provision of this Act, 

4 the Bill Williams River phase 2 water rights settlement 

5 agreement (including the waivers and releases described 

6 in section 7(d) of this Act and section 5 of the Bill Wil7 liams River phase 2 water rights settlement agreement) 

8 shall take effect and become enforceable among the parties 

9 to the Bill Williams River phase 2 water rights settlement 

10 agreement on the date on which all of the following condi11 tions have occurred: 

12 (1) The Hualapai Tribe water rights settlement 

13 agreement becomes enforceable pursuant to sub14 section (a). 

15 (2) Freeport has submitted to the Arizona De16 partment of Water Resources a conditional with17 drawal of any objection to the Bill Williams River 

18 watershed instream flow applications pursuant to 

19 section 4.4(i) of the Bill Williams River phase 2 

20 water rights settlement agreement, which withdrawal 

21 shall take effect on the enforceability date described 

22 in this subsection. 

23 (3) Not later than the enforceability date de24 scribed in subsection (a), the Arizona Department of 

25 Water Resources has issued an appealable, condiVerDate Sep 11 2014 21:31 May 03, 2019 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 tional decision and order for the Bill Williams River 

2 watershed instream flow applications pursuant to 

3 section 4.4(iii) of the Bill Williams River phase 2 

4 water rights settlement agreement, which order shall 

5 become nonconditional and effective on the enforce6 ability date described in this subsection. 

7 (4) The conditional decision and order de8 scribed in paragraph (3)— 

9 (A) becomes final; and 

10 (B) is not subject to any further appeal. 

11 SEC. 13. ADMINISTRATION. 

12 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

13 (1) WAIVER.— 

14 (A) IN GENERAL.—In any circumstance 

15 described in paragraph (2)— 

16 (i) the United States or the Hualapai 

17 Tribe may be joined in the action described 

18 in the applicable subparagraph of that 

19 paragraph; and 

20 (ii) subject to subparagraph (B), any 

21 claim by the United States or the Hualapai 

22 Tribe to sovereign immunity from the ac23 tion is waived. 

24 (B) LIMITATION.—A waiver under sub25 paragraph (A)(ii)— 


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1 (i) shall only be for the limited and 

2 sole purpose of the interpretation or en3 forcement of— 

4 (I) this Act; 

5 (II) the Hualapai Tribe water 

6 rights settlement agreement; or 

7 (III) in accordance with para8 graph (2)(D)— 

9 (aa) the Bill Williams Act; 

10 or 

11 (bb) the Bill Williams agree12 ments; and 

13 (ii) shall not include any award 

14 against the Hualapai Tribe for money 

15 damages, court costs, or attorneys fees. 

16 (2) CIRCUMSTANCES DESCRIBED.—A cir17 cumstance referred to in paragraph (1)(A) is any of 

18 the following: 

19 (A) Any party to the Hualapai Tribe water 

20 rights settlement agreement— 

21 (i) brings an action in any Federal or 

22 State court relating only and directly to 

23 the interpretation or enforcement of— 

24 (I) this Act; or 


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1 (II) the Hualapai Tribe water 

2 rights settlement agreement; and 

3 (ii) names the United States or the 

4 Hualapai Tribe as a party in that action. 

5 (B) Any landowner or water user in the 

6 Verde River Watershed or the Colorado River 

7 basin within the State of Arizona— 

8 (i) brings an action in any Federal or 

9 State court relating only and directly to 

10 the interpretation or enforcement of— 

11 (I) paragraph 10.0 of the 

12 Hualapai Tribe water rights settle13 ment agreement; or 

14 (II) section 7; and 

15 (ii) names the United States or the 

16 Hualapai Tribe as a party in that action. 

17 (C) The State of California or the State of 

18 Nevada— 

19 (i) brings an action in any Federal or 

20 State court relating only and directly to 

21 the interpretation or enforcement of a pro22 vision relating to the Colorado River 

23 under— 


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1 (I) paragraph 10.0 of the 

2 Hualapai Tribe water rights settle3 ment agreement; or 

4 (II) section 7; and 

5 (ii) names the United States or the 

6 Hualapai Tribe as a party in that action. 

7 (D) Any party to the Bill Williams agree8 ments— 

9 (i) brings an action in any Federal or 

10 State court relating only and directly to 

11 the interpretation or enforcement of— 

12 (I) the Bill Williams Act; or 

13 (II) the Bill Williams agree14 ments; and 

15 (ii) names the United States or the 

16 Hualapai Tribe as a party in that action. 

17 (b) ANTIDEFICIENCY.—Notwithstanding any author18 ization of appropriations to carry out this Act, the United 

19 States shall not be liable for any failure of the United 

20 States to carry out any obligation or activity authorized 

21 by this Act (including all titles and all agreements or ex22 hibits ratified or confirmed by this Act) if— 

23 (1) adequate appropriations are not provided 

24 expressly by Congress to carry out the purposes of 

25 this Act; or 


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1 (2) there are not enough monies available to 

2 carry out this Act in the Lower Colorado River 

3 Basin Development Fund established by section 

4 403(a) of the Colorado River Basin Project Act (43 

5 U.S.C. 1543(a)). 

6 (c) APPLICATION OF RECLAMATION REFORM ACT OF

7 1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 

8 390aa et seq.) and any other acreage limitation or full9 cost pricing provision of Federal law shall not apply to 

10 any person, entity, or tract of land solely on the basis of— 

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

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

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

14 of CAP water. 

15 (d) EFFECT.— 

16 (1) DEFINITION OF COLORADO RIVER

17 WATER.—The definition of ‘‘Colorado River water’’ 

18 contained in section 3, or in any provision of the 

19 Hualapai Tribe water rights settlement agreement— 

20 (A) shall only be used for purposes of in21 terpreting this Act or the Hualapai Tribe water 

22 rights settlement agreement, as applicable; and 

23 (B) shall not be used for any interpreta24 tion of any other applicable provision of Federal 

25 law, including— 


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1 (i) the Colorado River Compact; 

2 (ii) section 5 of the Boulder Canyon 

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

4 (iii) the Colorado River Basin Project 

5 Act (Public Law 90–537; 82 Stat. 885); 

6 and 

7 (iv) any contract or agreement en8 tered into pursuant a law described in 

9 clause (i), (ii), or (iii). 

10 (2) NO MODIFICATION OR PREEMPTION OF

11 OTHER LAW.—Unless expressly provided in this Act, 

12 nothing in this Act modifies, conflicts with, pre13 empts, or otherwise affects— 

14 (A) the Boulder Canyon Project Act (43 

15 U.S.C. 617 et seq.); 

16 (B) the Boulder Canyon Project Adjust17 ment Act (43 U.S.C. 618 et seq.); 

18 (C) the Act of April 11, 1956 (commonly 

19 known as the ‘‘Colorado River Storage Project 

20 Act’’ (43 U.S.C. 620 et seq.)); 

21 (D) the Colorado River Basin Project Act 

22 (Public Law 90–537; 82 Stat. 885); 

23 (E) the Treaty between the United States 

24 of America and Mexico respecting utilization of 

25 waters of the Colorado and Tijuana Rivers and 


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1 of the Rio Grande, signed at Washington Feb2 ruary 3, 1944 (59 Stat. 1219); 

3 (F) the Colorado River Compact; 

4 (G) the Upper Colorado River Basin Com5 pact; 

6 (H) the Omnibus Public Land Manage7 ment Act of 2009 (Public Law 111–11; 123 

8 Stat. 991); or 

9 (I) case law concerning water rights in the 

10 Colorado River system other than any case to 

11 enforce the Hualapai Tribe water rights settle12 ment agreement or this Act. 

13 (3) EFFECT ON AGREEMENTS.—Nothing in this 

14 Act or the Hualapai Tribe water rights settlement 

15 agreement limits the right of the Hualapai Tribe to 

16 enter into any agreement for the storage or banking 

17 of water in accordance with State law with— 

18 (A) the Arizona Water Banking Authority 

19 (or a successor agency or entity); or 

20 (B) any other lawful authority. 

21 (4) EFFECT OF ACT.—Nothing in this Act— 

22 (A) quantifies or otherwise affects the 

23 water rights, claims, or entitlements to water of 

24 any Indian tribe, nation, band, or community, 

25 other than the Hualapai Tribe; 


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1 (B) affects the ability of the United States 

2 to take action on behalf of any Indian tribe, na3 tion, band, or community, other than the 

4 Hualapai Tribe, the members of the Hualapai 

5 Tribe, and the allottees; or 

6 (C) limits the right of the Hualapai Tribe 

7 to use any water of the Hualapai Tribe in any 

8 location on the Hualapai Reservation. 

Æ 


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