II

106TH CONGRESS

1ST SESSION S. 1913

To amend the Act entitled ‘‘An Act relating to the water rights of the

Ak-Chin Indian Community’’ to clarify certain provisions concerning the

leasing of such water rights, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10, 1999

Mr. LOTT (for Mr. MCCAIN (for himself and Mr. KYL)) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Act entitled ‘‘An Act relating to the water

rights of the Ak-Chin Indian Community’’ to clarify certain provisions concerning the leasing of such water

rights, 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. CONSTITUTIONAL AUTHORITY.

4 The Constitutional authority for this Act rests in ar5 ticle I, section 8, authorizing Congress to ‘‘regulate Com6 merce with foreign Nations, and among the several States,

7 and with the Indian tribes’’.
2

•S 1913 IS

1 SEC. 2. TECHNICAL AMENDMENTS TO AK-CHIN WATER USE

2 ACT OF 1984.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Ak-Chin Water Use Amendments Act of 1999’’.

5 (b) AUTHORIZATION OF USE OF WATER.—Section

6 2(j) of the Act of October 19, 1984 (Public Law 98–530;

7 98 Stat. 2698) is amended to read as follows:

8 ‘‘(j)(1) The Ak-Chin Indian Community (hereafter in

9 this subsection referred to as the ‘Community’) shall have

10 the right to devote the permanent water supply provided

11 for by this Act to any use, including agricultural, munic12 ipal, industrial, commercial, mining, recreational, or other

13 beneficial use, in the areas initially designated as the

14 Pinal, Phoenix, and Tucson Active Management Areas

15 pursuant to the Arizona Groundwater Management Act of

16 1980, laws 1980, fourth special session, chapter 1. The

17 Community is authorized to lease or enter into options to

18 lease, to renew options to lease, to extend the initial terms

19 of leases for the same or a lesser term as the initial term

20 of the lease, to renew leases for the same or a lesser term

21 as the initial term of the lease, to exchange or temporarily

22 dispose of water to which it is entitled for the beneficial

23 use in the areas initially designated as the Pinal, Phoenix,

24 and Tucson Active Management Areas pursuant to the Ar25 izona Groundwater Management Act of 1980, laws 1980,

26 fourth special session, chapter 1.
3

•S 1913 IS

1 ‘‘(2) Notwithstanding paragraph (1), the initial term

2 of any lease entered into under this subsection shall not

3 exceed 100 years and the Community may not perma4 nently alienate any water right. In the event the Commu5 nity leases, enters into an option to lease, renews an option

6 to lease, extends a lease, renews a lease, or exchanges or

7 temporarily disposes of water, such action shall only be

8 valid pursuant to a contract that has been accepted and

9 ratified by a resolution of the Ak-Chin Indian Community

10 Council and approved and executed by the Secretary.’’.

11 (c) APPROVAL OF LEASE AND AMENDMENT OF

12 LEASE.—The option and lease agreement among the Ak13 Chin Indian Community, the United States, and Del Webb

14 Corporation, dated as of December 14, 1996, and the

15 Amendment Number One thereto among the Ak-Chin In16 dian Community, the United States, and Del Webb Cor17 poration, dated as of January 7, 1999, are hereby ratified

18 and approved. The Secretary of the Interior is hereby au19 thorized and directed to execute Amendment Number One,

20 and the restated agreement as provided for in Amendment

21 Number One, not later than 60 days after the date of the

22 enactment of this Act.

Æ