II 

113TH CONGRESS 

2D SESSION H. R. 4924 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 2, 2014 

Received 

AN ACT 

To direct the Secretary of the Interior to enter into the 

Big Sandy River-Planet Ranch Water Rights Settlement 

Agreement and the Hualapai Tribe Bill Williams River 

Water Rights Settlement Agreement, to provide for the 

lease of certain land located within Planet Ranch on 

the Bill Williams River in the State of Arizona to benefit 

the Lower Colorado River Multi-Species Conservation 

Program, and to provide for the settlement of specific 

water rights claims in the Bill Williams River watershed 

in the State of Arizona. 


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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 ‘‘Bill Williams River 

5 Water Rights Settlement Act of 2014’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to achieve a fair, equitable, and final settle9 ment of certain claims among certain parties to 

10 water rights in the Bill Williams River watershed in 

11 the State of Arizona for— 

12 (A) the Hualapai Tribe (acting on behalf 

13 of the Tribe and members of the Tribe); and 

14 (B) the Department of the Interior, acting 

15 on behalf of the Department and, as specified, 

16 the United States as trustee for the Hualapai 

17 Tribe, the members of the Tribe, and the 

18 allottees; 

19 (2) to approve, ratify, and confirm— 

20 (A) the Big Sandy River-Planet Ranch 

21 Water Rights Settlement Agreement entered 

22 into among the Hualapai Tribe, the United 

23 States as trustee for the Tribe, the members of 

24 the Tribe and allottees, the Secretary of the In25 terior, the Arizona department of water reVerDate Sep 11 2014 23:00 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RDS H4924

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1 sources, Freeport Minerals Corporation, and 

2 the Arizona Game and Fish Commission, to the 

3 extent the Big Sandy River-Planet Ranch 

4 Agreement is consistent with this Act; and 

5 (B) the Hualapai Tribe Bill Williams River 

6 Water Rights Settlement Agreement entered 

7 into among the Tribe, the United States as 

8 trustee for the Tribe, members of the Tribe, the 

9 allottees, and the Freeport Minerals Corpora10 tion, to the extent the Hualapai Tribe Agree11 ment is consistent with this Act; 

12 (3) to authorize and direct the Secretary— 

13 (A) to execute the duties and obligations of 

14 the Secretary under the Big Sandy River-Planet 

15 Ranch Agreement, the Hualapai Tribe Agree16 ment, and this Act; 

17 (B)(i) to remove objections to the applica18 tions for the severance and transfer of certain 

19 water rights, in partial consideration of the 

20 agreement of the parties to impose certain lim21 its on the extent of the use and transferability 

22 of the severed and transferred water right and 

23 other water rights; and 

24 (ii) to provide confirmation of those water 

25 rights; and 


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1 (C) to carry out any other activity nec2 essary to implement the Big Sandy River-Plan3 et Ranch Agreement and the Hualapai Tribe 

4 Agreement in accordance with this Act; 

5 (4) to advance the purposes of the Lower Colo6 rado River Multi-Species Conservation Program; 

7 (5) to secure a long-term lease for a portion of 

8 Planet Ranch, along with appurtenant water rights 

9 primarily along the Bill Williams River corridor, for 

10 use in the Conservation Program; 

11 (6) to bring the leased portion of Planet Ranch 

12 into public ownership for the long-term benefit of 

13 the Conservation Program; and 

14 (7) to secure from the Freeport Minerals Cor15 poration non-Federal contributions— 

16 (A) to support a tribal water supply study 

17 necessary for the advancement of a settlement 

18 of the claims of the Tribe for rights to Colorado 

19 River water; and 

20 (B) to enable the Tribe to secure Colorado 

21 River water rights and appurtenant land, in22 crease security of the water rights of the Tribe, 

23 and facilitate a settlement of the claims of the 

24 Tribe for rights to Colorado River water. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADWR.—The term ‘‘ADWR’’ means the 

4 Arizona department of water resources, established 

5 pursuant to title 45 of the Arizona Revised Statutes 

6 (or a successor agency or entity). 

7 (2) ALLOTMENT.—The term ‘‘allotment’’ means 

8 the 4 off-reservation parcels held in trust by the 

9 United States for individual Indians in the Big 

10 Sandy River basin in Mohave County, Arizona, 

11 under the patents numbered 1039995, 1039996, 

12 1039997, and 1019494. 

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

14 any Indian owner of an allotment under a patent 

15 numbered 1039995, 1039996, 1039997, or 

16 1019494. 

17 (4) ARIZONA GAME AND FISH COMMISSION.— 

18 The term ‘‘Arizona Game and Fish Commission’’ 

19 means the entity established pursuant to title 17 of 

20 the Arizona Revised Statutes to control the Arizona 

21 game and fish department (or a successor agency or 

22 entity). 

23 (5) BAGDAD MINE COMPLEX AND BAGDAD

24 TOWNSITE.—The term ‘‘Bagdad Mine Complex and 

25 Bagdad Townsite’’ means the geographical area deVerDate Sep 11 2014 23:00 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RDS H4924

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1 picted on the map attached as exhibit 2.9 to the Big 

2 Sandy River-Planet Ranch Agreement. 

3 (6) BIG SANDY RIVER-PLANET RANCH AGREE4 MENT.—The term ‘‘Big Sandy River-Planet Ranch 

5 Agreement’’ means the Big Sandy River-Planet 

6 Ranch Water Rights Settlement Agreement dated 

7 July 2, 2014, and any amendment or exhibit (in8 cluding exhibit amendments) to that Agreement that 

9 is— 

10 (A) made in accordance with this Act; or 

11 (B) otherwise approved by the Secretary 

12 and the parties to the Big Sandy River-Planet 

13 Ranch Agreement. 

14 (7) BILL WILLIAMS RIVER WATERSHED.—The 

15 term ‘‘Bill Williams River watershed’’ means the wa16 tershed drained by the Bill Williams River and the 

17 tributaries of that river, including the Big Sandy 

18 and Santa Maria Rivers. 

19 (8) CONSERVATION PROGRAM.—The term 

20 ‘‘Conservation Program’’ has the meaning given the 

21 term ‘‘Lower Colorado River Multi-Species Con22 servation Program’’ in section 9401 of the Omnibus 

23 Public Land Management Act of 2009 (Public Law 

24 111–11; 123 Stat. 1327). 

25 (9) CORPORATION.— 


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1 (A) IN GENERAL.—The term ‘‘Corpora2 tion’’ means the Freeport Minerals Corporation, 

3 incorporated in the State of Delaware. 

4 (B) INCLUSIONS.—The term ‘‘Corpora5 tion’’ includes all subsidiaries, affiliates, succes6 sors, and assigns of the Freeport Minerals Cor7 poration (such as Byner Cattle Company, incor8 porated in the State of Nevada). 

9 (10) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of the Interior and all con11 stituent bureaus of that Department. 

12 (11) ENFORCEABILITY DATE.—The term ‘‘en13 forceability date’’ means the date described in sec14 tion 9. 

15 (12) FREEPORT GROUNDWATER WELLS.— 

16 (A) IN GENERAL.—The term ‘‘Freeport 

17 Groundwater Wells’’ means the 5 wells identi18 fied by ADWR well registration numbers— 

19 (i) 55–592824; 

20 (ii) 55–595808; 

21 (iii) 55–595810; 

22 (iv) 55–200964; and 

23 (v) 55–908273. 

24 (B) INCLUSIONS.—The term ‘‘Freeport 

25 Groundwater Wells’’ includes any replacement 


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1 of a well referred to in subparagraph (A) drilled 

2 by or for the Corporation to supply water to the 

3 Bagdad Mine Complex and Bagdad Townsite. 

4 (C) EXCLUSIONS.—The term ‘‘Freeport 

5 Groundwater Wells’’ does not include any other 

6 well owned by the Corporation at any other lo7 cation. 

8 (13) HUALAPAI TRIBE AGREEMENT.—The term 

9 ‘‘Hualapai Tribe Agreement’’ means the Hualapai 

10 Tribe Bill Williams River Water Rights Settlement 

11 Agreement dated July 2, 2014, including any 

12 amendment or exhibit (including exhibit amend13 ments) to that Agreement that is— 

14 (A) made in accordance with this Act; or 

15 (B) otherwise approved by the Secretary 

16 and the parties to the Agreement. 

17 (14) HUALAPAI TRIBE WATER RIGHTS SETTLE18 MENT AGREEMENT.—The term ‘‘Hualapai Tribe 

19 Water Rights Settlement Agreement’’ means the 

20 comprehensive settlement agreement in the process 

21 of negotiation as of the date of enactment of this 

22 Act to resolve the claims of the Tribe for rights to 

23 Colorado River water and Verde River water with fi24 nality. 

25 (15) INJURY.— 


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

2 with respect to a water right, means any inter3 ference with, diminution of, or deprivation of 

4 the water right under Federal, State, or other 

5 law. 

6 (B) EXCLUSION.—The term ‘‘injury’’ does 

7 not include any injury to water quality. 

8 (16) LINCOLN RANCH.—The term ‘‘Lincoln 

9 Ranch’’ means the property owned by the Corpora10 tion described in the special warranty deed recorded 

11 on December 4, 1995, at Book 1995 and Page 

12 05874 in the official records of La Paz County, Ari13 zona. 

14 (17) PARCEL 1.—The term ‘‘Parcel 1’’ means 

15 the parcel of land that— 

16 (A) is depicted as 3 contiguous allotments 

17 identified as 1A, 1B, and 1C on the map at18 tached to the Big Sandy River-Planet Ranch 

19 Agreement as exhibit 2.10; and 

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

21 (18) PARCEL 2.—The term ‘‘Parcel 2’’ means 

22 the parcel of land that— 

23 (A) is depicted on the map attached to the 

24 Big Sandy River-Planet Ranch Agreement as 

25 exhibit 2.10; and 


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

2 (19) PARCEL 3.—The term ‘‘Parcel 3’’ means 

3 the parcel of land that— 

4 (A) is depicted on the map attached to the 

5 Big Sandy River-Planet Ranch Agreement as 

6 exhibit 2.10; 

7 (B) is held in trust for the Tribe; and 

8 (C) is part of the Hualapai Reservation 

9 pursuant to Executive Order No. 1368 of June 

10 2, 1911. 

11 (20) PARTY.—The term ‘‘party’’ means an indi12 vidual or entity that is a signatory to— 

13 (A) the Big Sandy River-Planet Ranch 

14 Agreement; or 

15 (B) the Hualapai Tribe Agreement. 

16 (21) PLANET RANCH.—The term ‘‘Planet 

17 Ranch’’ means the property owned by the Corpora18 tion described— 

19 (A) in the special warranty deed recorded 

20 on December 14, 2011, at Book 2011 and Page 

21 05267 in the official records of La Paz County, 

22 Arizona; and 

23 (B) as Instrument No. 2011–062804 in 

24 the official records of Mohave County, Arizona. 


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1 (22) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior. 

3 (23) SEVER AND TRANSFER APPLICATIONS.— 

4 The term ‘‘sever and transfer applications’’ means 

5 the applications filed or amended by the Corporation 

6 and pending on the date of enactment of this Act to 

7 sever and transfer certain water rights— 

8 (A) from Lincoln Ranch and from Planet 

9 Ranch to the Wikieup Wellfield for use at the 

10 Bagdad Mine Complex and Bagdad Townsite; 

11 and 

12 (B) from portions of Planet Ranch (as de13 termined on the date on which the applications 

14 were filed or amended) to new locations within 

15 Planet Ranch. 

16 (24) TRIBE.—The term ‘‘Tribe’’ means the 

17 Hualapai Tribe, organized under section 16 of the 

18 Act of June 18, 1934 (25 U.S.C. 476) (commonly 

19 known as the ‘‘Indian Reorganization Act’’), and 

20 recognized by the Secretary. 

21 (25) WATER RIGHT.—The term ‘‘water right’’ 

22 means— 

23 (A) any right in or to groundwater, surface 

24 water, or effluent under Federal, State, or 

25 other law; and 


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1 (B) for purposes of subsections (d) and (e) 

2 of section 5, any right to Colorado River water. 

3 (26) WIKIEUP WELLFIELD.—The term 

4 ‘‘Wikieup Wellfield’’ means the geographical area de5 picted on the map attached as exhibit 2.10 to the 

6 Big Sandy River-Planet Ranch Agreement. 

7 SEC. 4. BIG SANDY RIVER-PLANET RANCH AGREEMENT. 

8 (a) IN GENERAL.—Except to the extent that any pro9 vision of, or amendment to, the Big Sandy River-Planet 

10 Ranch Agreement conflicts with this Act— 

11 (1) the Big Sandy River-Planet Ranch Agree12 ment is authorized, ratified, and confirmed; and 

13 (2) any amendment to the Big Sandy River14 Planet Ranch Agreement executed to make the Big 

15 Sandy River-Planet Ranch Agreement consistent 

16 with this Act is authorized, ratified, and confirmed. 

17 (b) EXECUTION.—To the extent that the Big Sandy 

18 River-Planet Ranch Agreement does not conflict with this 

19 Act, and in support of the purposes of this Act, the Sec20 retary shall execute— 

21 (1) the Big Sandy River-Planet Ranch Agree22 ment (including all exhibits to the Big Sandy River23 Planet Ranch Agreement requiring the signature of 

24 the Secretary); 


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1 (2) any amendment to the Big Sandy River2 Planet Ranch Agreement (including any amendment 

3 to an exhibit of the Big Sandy River-Planet Ranch 

4 Agreement requiring the signature of the Secretary) 

5 that is necessary to make the Big Sandy River-Plan6 et Ranch Agreement consistent with this Act; and 

7 (3) a conditional withdrawal of each objection 

8 filed by the Bureau of Indian Affairs, the Bureau of 

9 Land Management, and the United States Fish and 

10 Wildlife Service to the sever and transfer applica11 tions in the form set forth in exhibit 4.2.1(ii)(b) to 

12 the Big Sandy River-Planet Ranch Agreement. 

13 (c) MODIFICATIONS AND CORRECTIONS.—The Sec14 retary may execute any other amendment to the Big 

15 Sandy River Planet-Ranch Agreement (including any 

16 amendment to an exhibit to the Big Sandy River-Planet 

17 Ranch Agreement requiring the signature of the Sec18 retary) that is not inconsistent with this Act, if the amend19 ment— 

20 (1) is approved by the Secretary and the parties 

21 to the Big Sandy River-Planet Ranch Agreement; 

22 and 

23 (2) does not require approval by Congress. 

24 (d) PROHIBITION.—The Secretary shall not file an 

25 objection to any amendment to the sever and transfer apVerDate Sep 11 2014 23:00 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RDS H4924

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1 plications or any new sever or transfer application filed 

2 by the Corporation to accomplish the sever and transfer 

3 of 10,055 acre-feet per year of water rights from Planet 

4 Ranch and Lincoln Ranch to the Wikieup Wellfield, sub5 ject to the condition that the form of such an amendment 

6 or new application shall be substantially similar to a form 

7 attached to the Big Sandy River-Planet Ranch Agreement 

8 as exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2). 

9 SEC. 5. HUALAPAI TRIBE AGREEMENT. 

10 (a) IN GENERAL.—Except to the extent that any pro11 vision of, or amendment to, the Hualapai Tribe Agreement 

12 conflicts with this Act— 

13 (1) the Hualapai Tribe Agreement is author14 ized, ratified, and confirmed; and 

15 (2) any amendment to the Hualapai Tribe 

16 Agreement executed to make the Hualapai Tribe 

17 Agreement consistent with this Act is authorized, 

18 ratified, and confirmed. 

19 (b) EXECUTION.—To the extent that the Hualapai 

20 Tribe Agreement does not conflict with this Act, and in 

21 support of the purposes of this Act, the Secretary shall 

22 execute— 

23 (1) the Hualapai Tribe Agreement (including 

24 all exhibits to the Hualapai Tribe Agreement requir25 ing the signature of the Secretary); and 


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1 (2) any amendment to the Hualapai Tribe 

2 Agreement (including any amendment to an exhibit 

3 of the Hualapai Tribe Agreement requiring the sig4 nature of the Secretary) that is necessary to make 

5 the Hualapai Tribe Agreement consistent with this 

6 Act. 

7 (c) MODIFICATIONS AND CORRECTIONS.—The Sec8 retary may execute any other amendment to the Hualapai 

9 Tribe Agreement (including any amendment to an exhibit 

10 to the Hualapai Tribe Agreement requiring the signature 

11 of the Secretary) that is not inconsistent with this Act, 

12 if the amendment— 

13 (1) is approved by the Secretary and the parties 

14 to the Hualapai Tribe Agreement; and 

15 (2) does not require approval by Congress. 

16 (d) CONTRIBUTION OF CORPORATION TO ECONOMIC

17 DEVELOPMENT FUND.— 

18 (1) IN GENERAL.—The contribution of the Cor19 poration to the economic development fund of the 

20 Tribe, as provided in section 8.1 of the Hualapai 

21 Tribe Agreement— 

22 (A) may be used by the Tribe for the lim23 ited purpose of facilitating settlement of the 

24 claims of the Tribe for rights to Colorado River 

25 water by enabling the Tribe— 


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1 (i) to acquire Colorado River water 

2 rights with the intent to increase the secu3 rity of the water rights of the Tribe; and 

4 (ii) to otherwise facilitate the use of 

5 water on the Hualapai Reservation; 

6 (B) shall be considered to be a non-Federal 

7 contribution that counts toward any non-Fed8 eral contribution associated with a settlement of 

9 the claims of the Tribe for rights to Colorado 

10 River water; and 

11 (C) shall not be— 

12 (i) considered to be trust funds; or 

13 (ii) subject to responsibility or man14 agement by the United States as trustee 

15 for the Tribe, members of the Tribe, and 

16 the allottees. 

17 (2) LIMITATION ON TRANSFER OF WATER

18 RIGHTS.—The Colorado River water rights acquired 

19 by the Tribe may be used off the Hualapai Reserva20 tion only for irrigation of acquired appurtenant land, 

21 or for storage in accordance with Federal and State 

22 law in a permitted recharge facility in the State of 

23 Arizona, subject to the conditions that— 

24 (A) the Tribe shall not seek to transfer or 

25 sell accumulated long-term storage credits genVerDate Sep 11 2014 23:00 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RDS H4924

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1 erated from the storage of the acquired Colo2 rado River water rights; and 

3 (B) the Tribe shall not seek approval to 

4 change the place of use of the acquired Colo5 rado River water rights, except for the purposes 

6 of storing the water in accordance with this 

7 paragraph. 

8 (3) EXPIRATION.—The limitation provided 

9 under paragraph (2) expires on the earlier of— 

10 (A) the date on which the Hualapai Tribe 

11 Water Rights Settlement Agreement becomes 

12 enforceable; and 

13 (B) December 31, 2039. 

14 (4) COLORADO RIVER WATER RIGHTS COUNTED

15 AGAINST CLAIMS OF TRIBE.— 

16 (A) IN GENERAL.—If the Hualapai Tribe 

17 Water Rights Settlement Agreement does not 

18 become enforceable by December 31, 2039, any 

19 Colorado River water rights acquired by the 

20 Tribe with the contribution of the Corporation 

21 to the economic development fund of the Tribe 

22 shall be counted, on an acre-foot per acre-foot 

23 basis, toward the claims of the Tribe for rights 

24 to Colorado River water. 


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1 (B) EFFECT OF PARAGRAPH.—Nothing in 

2 this paragraph restricts any claim for rights of 

3 the Tribe to Colorado River water. 

4 (e) FUTURE LIMITATIONS ON LAND TAKEN INTO

5 TRUST.—As provided in section 10.11 of the Hualapai 

6 Tribe Agreement, the parties to the Hualapai Tribe Agree7 ment shall negotiate in good faith with other parties the 

8 terms under which any land within the State of Arizona 

9 held or acquired in fee by the Tribe may be taken into 

10 trust by the United States for the benefit of the Tribe, 

11 with any applicable terms to be incorporated into the 

12 Hualapai Tribe Water Rights Settlement Agreement, sub13 ject to approval by Congress. 

14 SEC. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS. 

15 (a) CLAIMS BY DEPARTMENT UNDER BIG SANDY

16 RIVER-PLANET RANCH AGREEMENT.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (3), the Secretary is authorized to execute a 

19 waiver and release of all claims of the Department, 

20 acting in its own capacity, against the Corporation 

21 under Federal, State, or any other law for— 

22 (A) all past and present claims for injury 

23 to water rights resulting from the diversion of 

24 water by the Corporation from the Wikieup 


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1 Wellfield or the Freeport Groundwater Wells 

2 arising prior to the enforceability date; 

3 (B) all claims for injury to water rights 

4 arising after the enforceability date resulting 

5 from the diversion of water by the Corporation 

6 from the Wikieup Wellfield or the Freeport 

7 Groundwater Wells in a manner not in violation 

8 of the Big Sandy River-Planet Ranch Agree9 ment; and 

10 (C) all past, present, and future claims 

11 arising out of, or relating in any manner to, the 

12 negotiation or execution of the Big Sandy 

13 River-Planet Ranch Agreement. 

14 (2) EFFECTIVE DATE.—The waivers and re15 leases of claims under paragraph (1) shall— 

16 (A) be in the form set forth in exhibit 

17 7.2(ii) to the Big Sandy River-Planet Ranch 

18 Agreement; and 

19 (B) take effect on the enforceability date. 

20 (3) RETENTION OF RIGHTS.—The Department 

21 shall retain all rights not expressly waived under 

22 paragraph (1), including the right— 

23 (A) to assert any claim for breach of, or to 

24 seek enforcement of, the Big Sandy River-Plan25 et Ranch Agreement or this Act in any court of 


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1 competent jurisdiction (but not a tribal court); 

2 and 

3 (B) to assert any past, present, or future 

4 claim to a water right that is not inconsistent 

5 with the Big Sandy River-Planet Ranch Agree6 ment or this Act. 

7 (b) CLAIMS BY TRIBE AND UNITED STATES AS

8 TRUSTEE UNDER BIG SANDY RIVER-PLANET RANCH

9 AGREEMENT.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (3), the Tribe and the United States, acting 

12 as trustee for the Tribe and members of the Tribe, 

13 are authorized to execute a waiver and release of all 

14 claims against the Corporation for— 

15 (A) any water rights of the Tribe or the 

16 United States as trustee for the Tribe and 

17 members of the Tribe with respect to Parcel 3 

18 in excess of 300 acre-feet per year; 

19 (B) all past and present claims for injury 

20 to water rights arising before the enforceability 

21 date resulting from the diversion of water by 

22 the Corporation from the Wikieup Wellfield or 

23 the Freeport Groundwater Wells; and 

24 (C) all claims for injury to water rights 

25 arising after the enforceability date resulting 


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1 from the diversion of water by the Corporation 

2 from the Wikieup Wellfield or the Freeport 

3 Groundwater Wells in a manner not in violation 

4 of the Big Sandy River-Planet Ranch Agree5 ment or the Hualapai Tribe Agreement. 

6 (2) EFFECTIVE DATE.—The waivers and re7 leases of claims under paragraph (1) shall— 

8 (A) be in the form set forth in exhibit 

9 7.1(ii) to the Hualapai Tribe Agreement; and 

10 (B) take effect on the enforceability date. 

11 (3) RETENTION OF RIGHTS.—The Tribe and 

12 the United States, acting as trustee for the Tribe 

13 and members of the Tribe, shall retain all rights not 

14 expressly waived under paragraph (1), including the 

15 right— 

16 (A) to assert any claim for breach of, or to 

17 seek enforcement of, the Big Sandy River-Plan18 et Ranch Agreement or this Act in any court of 

19 competent jurisdiction (but not a tribal court); 

20 and 

21 (B) to assert any past, present, or future 

22 claim to a water right that is not inconsistent 

23 with the Big Sandy River-Planet Ranch Agree24 ment or this Act. 


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1 (c) CLAIMS BY UNITED STATES AS TRUSTEE FOR

2 ALLOTTEES UNDER BIG SANDY RIVER-PLANET RANCH

3 AGREEMENT.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (3), the United States, acting as trustee for 

6 the allottees, is authorized to execute a waiver and 

7 release of all claims against the Corporation for— 

8 (A) any water rights of the allottees or the 

9 United States as trustee for the allottees with 

10 respect to— 

11 (i) Parcel 1 in excess of 82 acre-feet 

12 per year; or 

13 (ii) Parcel 2 in excess of 312 acre-feet 

14 per year; 

15 (B) all past and present claims for injury 

16 to water rights arising before the enforceability 

17 date resulting from the diversion of water by 

18 the Corporation from the Wikieup Wellfield or 

19 the Freeport Groundwater Wells; and 

20 (C) all claims for injury to water rights 

21 arising after the enforceability date resulting 

22 from the diversion of water by the Corporation 

23 from the Wikieup Wellfield or the Freeport 

24 Groundwater Wells in a manner not in violation 


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1 of the Big Sandy River-Planet Ranch Agree2 ment. 

3 (2) EFFECTIVE DATE.—The waivers and re4 leases of claims under paragraph (1) shall— 

5 (A) be in the form set forth in exhibit 

6 7.1(ii) to the Hualapai Tribe Agreement; and 

7 (B) take effect on the enforceability date. 

8 (3) RETENTION OF RIGHTS.—The United 

9 States, acting as trustee for the allottees, shall re10 tain all rights not expressly waived under paragraph 

11 (1), including the right— 

12 (A) to assert any claim for breach of, or to 

13 seek enforcement of, the Big Sandy River-Plan14 et Ranch Agreement or this Act in any court of 

15 competent jurisdiction (but not a tribal court); 

16 and 

17 (B) to assert any past, present, or future 

18 claim to a water right that is not inconsistent 

19 with the Big Sandy River-Planet Ranch Agree20 ment or this Act. 

21 (d) CLAIMS BY TRIBE AND UNITED STATES AS

22 TRUSTEE UNDER HUALAPAI TRIBE AGREEMENT.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (3), the Tribe and the United States, acting 

25 as trustee for the Tribe, members of the Tribe, and 


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1 the allottees, as part of the performance of obliga2 tions under the Hualapai Tribe Agreement, are au3 thorized to execute a waiver and release of all claims 

4 that the Tribe or the United States as trustee for 

5 the Tribe, members of the Tribe, or the allottees 

6 may have against the Corporation under Federal, 

7 State, or any other law, for— 

8 (A) all past and present claims for injury 

9 to water rights resulting from the diversion of 

10 water by the Corporation from the Bill Williams 

11 River watershed arising prior to the enforce12 ability date; 

13 (B) all claims for injury to water rights 

14 arising after the enforceability date resulting 

15 from the diversion of water by the Corporation 

16 from the Bill Williams River watershed in a 

17 manner not in violation of the Hualapai Tribe 

18 Agreement or the Big Sandy River-Planet 

19 Ranch Agreement; and 

20 (C) all past, present, and future claims 

21 arising out of, or relating in any manner to, the 

22 negotiation or execution of the Hualapai Tribe 

23 Agreement. 

24 (2) EFFECTIVE DATE.—The waivers and re25 leases of claims under paragraph (1) shall— 


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1 (A) be in the form set forth in exhibit 

2 7.1(ii) to the Hualapai Tribe Agreement; and 

3 (B) take effect on the enforceability date. 

4 (3) RETENTION OF RIGHTS.—The Tribe and 

5 the United States, acting as trustee for the Tribe, 

6 the members of the Tribe, and the allottees, shall re7 tain all rights not expressly waived under paragraph 

8 (1), including the right to assert— 

9 (A) subject to paragraph 10.5 of the 

10 Hualapai Tribe Agreement, a claim for breach 

11 of, or to seek enforcement of, the Hualapai 

12 Tribe Agreement or this Act in any court of 

13 competent jurisdiction (but not a tribal court); 

14 (B) any claim for injury to, or to seek en15 forcement of, the rights of the Tribe under any 

16 applicable judgment or decree approving or in17 corporating the Hualapai Tribe Agreement; and 

18 (C) any past, present, or future claim to 

19 water rights that is not inconsistent with the 

20 Hualapai Tribe Agreement or this Act. 

21 (e) CLAIMS BY TRIBE AGAINST UNITED STATES

22 UNDER BIG SANDY RIVER-PLANET RANCH AGREEMENT

23 AND HUALAPAI TRIBE AGREEMENT.— 

24 (1) IN GENERAL.—In consideration for the ben25 efits to the Tribe, as set forth in the Big Sandy 


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1 River-Planet Ranch Agreement, the Hualapai Tribe 

2 Agreement, and this Act, except as provided in para3 graph (3), the Tribe, on behalf of the Tribe and the 

4 members of the Tribe, is authorized to execute a 

5 waiver and release of all claims against the United 

6 States and the agents and employees of the United 

7 States for— 

8 (A) all past, present, and future claims re9 lating to claims for water rights for Parcel 3 in 

10 excess of 300 acre-feet per year that the United 

11 States, acting as trustee for the Tribe, asserted 

12 or could have asserted against any party to the 

13 Big Sandy River-Planet Ranch Agreement or 

14 the Hualapai Tribe Agreement, including the 

15 Corporation, including claims relating to— 

16 (i) loss of water, water rights, land, or 

17 natural resources due to loss of water or 

18 water rights on Parcel 3 (including dam19 ages, losses, or injuries to hunting, fishing, 

20 and gathering rights due to loss of water, 

21 water rights, or subordination of water 

22 rights); or 

23 (ii) failure to protect, acquire, replace, 

24 or develop water, water rights, or water in25 frastructure on Parcel 3; 


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1 (B) all past, present, and future claims re2 lating to injury to water rights associated with 

3 Parcel 3 arising from withdrawal of a protest to 

4 the sever and transfer applications referenced 

5 in the Big Sandy River-Planet Ranch Agree6 ment; 

7 (C) all claims relating to injury to water 

8 rights arising after the enforceability date asso9 ciated with Parcel 3, resulting from the diver10 sion of water by the Corporation from the Bill 

11 Williams River watershed in a manner not in 

12 violation of the Hualapai Tribe Agreement; and 

13 (D) all past, present, and future claims re14 lating to any potential injury arising out of, or 

15 relating in any manner to, the negotiation or 

16 execution of the Big Sandy River-Planet Ranch 

17 Agreement or the Hualapai Tribe Agreement. 

18 (2) EFFECTIVE DATE.—The waivers and re19 leases of claims under paragraph (1) shall— 

20 (A) be in the form set forth in, as applica21 ble— 

22 (i) exhibit 7.6(ii) to the Big Sandy 

23 River-Planet Ranch Agreement; or 

24 (ii) exhibit 7.3(ii) to the Hualapai 

25 Tribe Agreement; and 


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1 (B) take effect on the enforceability date. 

2 (3) RETENTION OF RIGHTS.—The Tribe shall 

3 retain all rights not expressly waived under para4 graph (1), including the right— 

5 (A) to assert any claim for breach of, or to 

6 seek enforcement of, the Big Sandy River-Plan7 et Ranch Agreement, the Hualapai Tribe 

8 Agreement, or this Act in any court of com9 petent jurisdiction (but not a tribal court); and 

10 (B) to assert any past, present, or future 

11 claim to a water right that is not inconsistent 

12 with the Big Sandy River-Planet Ranch Agree13 ment, the Hualapai Tribe Agreement, or this 

14 Act. 

15 SEC. 7. ADMINISTRATION. 

16 (a) AMENDMENTS.— 

17 (1) DEFINITIONS.—Section 9401 of the Omni18 bus Public Land Management Act of 2009 (Public 

19 Law 111–11; 123 Stat. 1327) is amended— 

20 (A) by redesignating paragraphs (1) 

21 through (5) as paragraphs (2) through (6), re22 spectively; and 

23 (B) by inserting before paragraph (2) (as 

24 so redesignated) the following: 


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1 ‘‘(1) BIG SANDY RIVER-PLANET RANCH AGREE2 MENT.—The term ‘Big Sandy River-Planet Ranch 

3 Agreement’ has the meaning given the term in sec4 tion 3 of the Bill Williams River Water Rights Set5 tlement Act of 2014.’’. 

6 (2) ENFORCEABILITY.—Section 9403 of the 

7 Omnibus Public Land Management Act of 2009 

8 (Public Law 111–11; 123 Stat. 1328) is amended— 

9 (A) by striking the section designation and 

10 heading and all that follows through ‘‘Due to’’ 

11 in subsection (a) and inserting the following: 

12 ‘‘SEC. 9403. ENFORCEABILITY. 

13 ‘‘(a) CIVIL ACTIONS.— 

14 ‘‘(1) COLORADO RIVER CIVIL ACTIONS.— 

15 ‘‘(A) DESCRIPTION OF CIVIL ACTION.— 

16 Due to’’; and 

17 (B) in subsection (a) (as amended by sub18 paragraph (A))— 

19 (i) in paragraph (1) (as so amended), 

20 by adding at the end the following: 

21 ‘‘(B) VENUE.—Any civil action under this 

22 paragraph may be brought in any United States 

23 district court in the State in which any non24 Federal party to the civil action is situated.’’; 

25 and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(2) BILL WILLIAMS CIVIL ACTIONS.— 

4 ‘‘(A) DESCRIPTION OF CIVIL ACTION.— 

5 Due to the unique role of the Lower Colorado 

6 River Multi-Species Conservation Program in 

7 resolving competing water rights claims in the 

8 Bill Williams River watershed (as defined in 

9 section 3 of the Bill Williams River Water 

10 Rights Settlement Act of 2014) and other 

11 claims among the parties to the Big Sandy12 River Planet Ranch Agreement, any party to 

13 the Big Sandy River-Planet Ranch Agreement 

14 may commence a civil action in a court de15 scribed in subparagraph (B) relating only and 

16 directly to the interpretation or enforcement 

17 of— 

18 ‘‘(i) the Bill Williams River Water 

19 Rights Settlement Act of 2014; or 

20 ‘‘(ii) the Big Sandy River-Planet 

21 Ranch Agreement. 

22 ‘‘(B) VENUE.—A civil action under this 

23 paragraph may be brought in— 

24 ‘‘(i) the United States District Court 

25 for the District of Arizona; or 


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1 ‘‘(ii) a State court of competent juris2 diction where a pending action has been 

3 brought to adjudicate the water rights as4 sociated with the Bill Williams River sys5 tem and source, in accordance with the au6 thority provided by section 208 of the Act 

7 of July 10, 1952 (commonly known as the 

8 ‘McCarran Amendment’) (43 U.S.C. 

9 666).’’; 

10 (3) in subsection (b)— 

11 (A) by striking ‘‘The district’’ and insert12 ing the following: 

13 ‘‘(1) IN GENERAL.—The district’’; 

14 (B) in paragraph (1) (as so designated), by 

15 striking ‘‘such actions’’ and inserting ‘‘civil ac16 tions described in subsection (a)(1)’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(2) STATE COURTS AND DISTRICT COURTS.— 

19 A State court or United States district court— 

20 ‘‘(A) shall have jurisdiction over civil ac21 tions described in subsection (a)(2); and 

22 ‘‘(B) may issue such orders, judgments, 

23 and decrees as are consistent with the exercise 

24 of jurisdiction by the court pursuant to— 

25 ‘‘(i) this section; or 


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1 ‘‘(ii) section 7 of the Bill Williams 

2 River Water Rights Settlement Act of 

3 2014. 

4 ‘‘(3) EFFECT OF SUBSECTION.—Nothing in this 

5 subsection affects the jurisdiction that would other6 wise be available in accordance with the authority 

7 provided by section 208 of the Act of July 10, 1952 

8 (commonly known as the ‘McCarran Amendment’) 

9 (43 U.S.C. 666).’’; 

10 (4) in subsection (d)(2), by striking the para11 graph designation and heading and all that follows 

12 through subparagraph (A) and inserting the fol13 lowing: 

14 ‘‘(2) APPLICABILITY.—This section— 

15 ‘‘(A) applies only to— 

16 ‘‘(i) the Lower Colorado River Multi17 Species Conservation Program; 

18 ‘‘(ii) the Bill Williams River Water 

19 Rights Settlement Act of 2014; and 

20 ‘‘(iii) the Big Sandy River-Planet 

21 Ranch Agreement; and’’; and 

22 (5) by striking subsection (e). 

23 (b) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

24 (1) IN GENERAL.—If any party to the Big 

25 Sandy River-Planet Ranch Agreement or the 


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1 Hualapai Tribe Agreement brings a civil action in a 

2 court described in paragraph (2) relating only and 

3 directly to the interpretation or enforcement of this 

4 Act (or an amendment made by this Act), the Big 

5 Sandy River-Planet Ranch Agreement, or the 

6 Hualapai Tribe Agreement— 

7 (A) the Tribe and the United States, act8 ing as trustee for the Tribe, members of the 

9 Tribe, or the allottees, may be named as a 

10 party or joined in the civil action; and 

11 (B) any claim by the Tribe or the United 

12 States, acting as trustee for the Tribe, members 

13 of the Tribe, or the allottees, to sovereign im14 munity from the civil action is waived, but only 

15 for the limited and sole purpose of the interpre16 tation or enforcement of this Act (or an amend17 ment made by this Act), the Big Sandy River18 Planet Ranch Agreement, or the Hualapai 

19 Tribe Agreement. 

20 (2) VENUE.—A court referred to in paragraph 

21 (1) is— 

22 (A) the United States District Court for 

23 the District of Arizona; or 

24 (B) a State court of competent jurisdiction 

25 where a pending action has been brought to adVerDate Sep 11 2014 23:00 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RDS H4924

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1 judicate the water rights associated with the 

2 Bill Williams River system and source, in ac3 cordance with the authority provided by section 

4 208 of the Act of July 10, 1952 (commonly 

5 known as the ‘‘McCarran Amendment’’) (43 

6 U.S.C. 666). 

7 (3) JURISDICTION.—A State court or a United 

8 States district court— 

9 (A) shall have jurisdiction over civil actions 

10 described in paragraph (1); and 

11 (B) may issue such orders, judgments, and 

12 decrees as are consistent with the exercise of ju13 risdiction by the court pursuant to— 

14 (i) this section; or 

15 (ii) section 9403(b) of the Omnibus 

16 Public Land Management Act of 2009 

17 (Public Law 111–11; 123 Stat. 1328). 

18 (4) NONWAIVER FOR CERTAIN CLAIMS.—Noth19 ing in this subsection waives the sovereign immunity 

20 of the Tribe or the United States, acting as trustee 

21 for the Tribe, members of the Tribe, or the allottees, 

22 to claims for monetary damages, costs, or attorneys’ 

23 fees. 

24 (c) ANTIDEFICIENCY.— 


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1 (1) IN GENERAL.—Notwithstanding any author2 ization of appropriations to carry out this Act, the 

3 expenditure or advance of any funds, and the per4 formance of any obligation by the Department in 

5 any capacity, pursuant to this Act shall be contin6 gent on the appropriation of funds for that expendi7 ture, advance, or performance. 

8 (2) LIABILITY.—The Department shall not be 

9 liable for the failure to carry out any obligation or 

10 activity authorized by this Act if adequate appro11 priations are not provided to carry out this Act. 

12 (d) PUBLIC ACCESS.—Nothing in this Act prohibits 

13 reasonable public access to the Conservation Program land 

14 at Planet Ranch or Lincoln Ranch in a manner that is 

15 consistent with all applicable Federal and State laws and 

16 any applicable conservation management plan imple17 mented under the Conservation Program. 

18 (e) EFFECT.—Nothing in the Big Sandy River-Plan19 et Ranch Agreement, the Hualapai Tribe Agreement, or 

20 this Act— 

21 (1) affects the ability of the United States to 

22 carry out any action in the capacity of the United 

23 States as trustee for any other Indian tribe or allot24 tee; 


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1 (2) except as provided in subsections (a) and 

2 (b), confers jurisdiction on any State court— 

3 (A) to interpret Federal law or determine 

4 the duties of the United States or any other 

5 party pursuant to Federal law; or 

6 (B) to conduct judicial review of a Federal 

7 agency action; or 

8 (3) limits the right of any member of the Tribe 

9 (acting in an individual capacity) to assert or ac10 quire any water right based on State law. 

11 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

12 (a) IN GENERAL.—In implementing the Big Sandy 

13 River-Planet Ranch Agreement, the Hualapai Tribe 

14 Agreement, and this Act, the Secretary shall comply with 

15 all applicable Federal environmental laws (including regu16 lations), including— 

17 (1) the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.); and 

19 (2) the Endangered Species Act of 1973 (16 

20 U.S.C. 1531 et seq.). 

21 (b) EXECUTION OF AGREEMENTS.—The execution by 

22 the Secretary of the Big Sandy River-Planet Ranch Agree23 ment and the Hualapai Tribe Agreement in accordance 

24 with this Act shall not constitute a major Federal action 


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1 for purposes of section 102 of the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4332). 

3 (c) UNITED STATES ENFORCEMENT AUTHORITY.— 

4 Nothing in this Act, the Big Sandy River-Planet Ranch 

5 Agreement, or the Hualapai Tribe Agreement affects any 

6 right of the United States to take any action (including 

7 any environmental action) under any law (including regu8 lations and common law) relating to human health, safety, 

9 or the environment. 

10 SEC. 9. ENFORCEABILITY DATE. 

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

12 (b), the enforceability date shall be the date on which the 

13 Secretary publishes in the Federal Register a statement 

14 of findings that— 

15 (1)(A) to the extent that the Big Sandy River16 Planet Ranch Agreement or the Hualapai Tribe 

17 Agreement conflict with this Act, the applicable 

18 agreement has been revised by amendment to elimi19 nate the conflict; and 

20 (B) the Big Sandy River-Planet Ranch Agree21 ment and the Hualapai Tribe Agreement have been 

22 executed by all parties to those agreements; 

23 (2) the Corporation has submitted to ADWR a 

24 conditional amendment of the sever and transfer ap25 plications for the Lincoln Ranch water right and 


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1 amendments to the sever and transfer applications 

2 for Planet Ranch and Lincoln Ranch water rights 

3 consistent with section 4.2.1(ii)(a) of the Big Sandy 

4 River-Planet Ranch Agreement; 

5 (3) the Secretary and the Arizona Game and 

6 Fish Commission have executed and filed with 

7 ADWR a conditional withdrawal of each objection 

8 described in section 4(b)(3); 

9 (4)(A) ADWR has issued a conditional order 

10 approving the sever and transfer applications of the 

11 Corporation; and 

12 (B) all objections to the sever and transfer ap13 plications have been— 

14 (i) conditionally withdrawn; or 

15 (ii) resolved in a decision issued by ADWR 

16 that is final and nonappealable; 

17 (5) the Secretary has provided a notice to the 

18 parties to the Big Sandy River-Planet Ranch Agree19 ment and the Hualapai Tribe Agreement that the 

20 Department has completed the legally required envi21 ronmental compliance described in section 8; 

22 (6) the steering committee for the Conservation 

23 Program has approved and authorized the manager 

24 of the Conservation Program to execute the lease in 


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1 the form as set forth in exhibit 2.33 to the Big 

2 Sandy River-Planet Ranch Agreement; and 

3 (7) the waivers and releases authorized by sec4 tion 6 have been executed by the Tribe and the Sec5 retary. 

6 (b) RATIFICATION AND EXECUTION OF AGREE7 MENTS.—Notwithstanding subsection (a), for purposes of 

8 sections 4, 5, and 8, the Secretary shall carry out the re9 quirements of this Act as promptly as practicable after 

10 the date of enactment of this Act. 

11 (c) FAILURE OF ENFORCEABILITY DATE TO

12 OCCUR.—If the Secretary does not publish a statement 

13 of findings under subsection (a) by December 15, 2015, 

14 or an extended date agreed to by the Tribe, the Secretary, 

15 and the Corporation, after providing reasonable notice to 

16 the State of Arizona— 

17 (1) this Act is repealed effective beginning on 

18 the later of— 

19 (A) December 31, 2015; and 

20 (B) the date that is 14 days after the ex21 tended date agreed to by the Tribe, the Sec22 retary, and the Corporation, after providing 

23 reasonable notice to the State of Arizona; 


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1 (2) any action taken by the Secretary to carry 

2 out this Act shall cease, and any agreement executed 

3 pursuant to this Act, shall be void; and 

4 (3) the Tribe, members of the Tribe, the 

5 allottees, and the United States, acting as trustee 

6 for the Tribe, members of the Tribe, and the 

7 allottees, shall retain the right to assert past, 

8 present, and future claims to water rights and 

9 claims for injury to water rights in the Bill Williams 

10 River watershed. 

Passed the House of Representatives December 1, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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