II 

117TH CONGRESS 

2D SESSION S. 4104 

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 SENATE OF THE UNITED STATES 

APRIL 28, 2022 

Ms. SINEMA (for herself and Mr. KELLY) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To approve the settlement of water rights claims of the 

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 2022’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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

2 rights to water in the State, including the Verde 

3 River, the Bill Williams River, and the Colorado 

4 River, of— 

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

6 Hualapai Tribe and the members of the 

7 Hualapai Tribe; and 

8 (B) the United States, acting as trustee 

9 for the Hualapai Tribe, the members of the 

10 Hualapai Tribe, and the allottees; 

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

12 Hualapai Tribe water rights settlement agreement, 

13 to the extent that agreement is consistent with this 

14 Act; 

15 (3) to authorize and direct the Secretary to exe16 cute and perform the duties and obligations of the 

17 Secretary under the Hualapai Tribe water rights 

18 settlement agreement and this Act; and 

19 (4) to authorize the appropriation of funds nec20 essary to carry out the Hualapai Tribe water rights 

21 settlement agreement and this Act. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) 1947 JUDGMENT.—The term ‘‘1947 Judg25 ment’’ means the Judgment and the Stipulation and 


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1 Agreement, including exhibits to the Judgment and 

2 the Stipulation and Agreement, entered on March 

3 13, 1947, in United States v. Santa Fe Pac. R.R. 

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

5 Hualapai Tribe water rights settlement agreement 

6 as Exhibit 3.1.1. 

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

8 per year. 

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

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

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

12 individual Indians in the Big Sandy River basin 

13 in Mohave County, Arizona, under the patents 

14 numbered 1039995, 1039996, 1039997, and 

15 1019494; and 

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

17 2 on the map attached to the Hualapai Tribe 

18 water rights settlement agreement as Exhibit 

19 3.1.6. 

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

21 any Indian owner of an allotment. 

22 (5) AVAILABLE CAP SUPPLY.—The term ‘‘avail23 able CAP supply’’ means, for any year— 

24 (A) all fourth priority water available for 

25 delivery through the Central Arizona Project; 


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1 (B) water available from Central Arizona 

2 Project dams and reservoirs other than the 

3 Modified Roosevelt Dam; and 

4 (C) return flows captured by the Secretary 

5 for Central Arizona Project use. 

6 (6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil7 liams Act’’ means the Bill Williams River Water 

8 Rights Settlement Act of 2014 (Public Law 113– 

9 223; 128 Stat. 2096). 

10 (7) BILL WILLIAMS AGREEMENTS.—The term 

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

12 Restated Big Sandy River-Planet Ranch Water 

13 Rights Settlement Agreement and the Amended and 

14 Restated Hualapai Tribe Bill Williams River Water 

15 Rights Settlement Agreement, including all exhibits 

16 to each agreement, copies of which (excluding exhib17 its) are attached to the Hualapai Tribe water rights 

18 settlement agreement as Exhibit 3.1.11. 

19 (8) BILL WILLIAMS RIVER PHASE 2 ENFORCE20 ABILITY DATE.—The term ‘‘Bill Williams River 

21 Phase 2 Enforceability Date’’ means the date de22 scribed in section 14(d). 

23 (9) 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 (10) 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 (11) 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 (12) 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 (13) CAP M&I PRIORITY WATER.—The term 

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

21 available CAP supply having a municipal and indus22 trial delivery priority. 

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

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


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1 available CAP supply having a non-Indian agricul2 tural delivery priority. 

3 (15) CAP OPERATING AGENCY.—The term 

4 ‘‘CAP operating agency’’ means— 

5 (A) the 1 or more entities authorized to as6 sume 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 (16) 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 (17) CAP REPAYMENT CONTRACT.—The term 

17 ‘‘CAP repayment contract’’ means— 

18 (A) the contract dated December 1, 1988 

19 (Contract No. 14–06–W–245, Amendment No. 

20 1), between the United States and the Central 

21 Arizona Water Conservation District for the 

22 Delivery of Water and Repayment of Costs of 

23 the Central Arizona Project; and 

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

25 contract. 


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1 (18) 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 (19) CAP SUBCONTRACT.—The term ‘‘CAP sub11 contract’’ means a long-term subcontract (as defined 

12 in the CAP repayment stipulation) with the United 

13 States and the Central Arizona Water Conservation 

14 District for the delivery of CAP water through the 

15 CAP system. 

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

17 subcontractor’’ means a person that has entered into 

18 a CAP subcontract. 

19 (21) 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 (22) CAP WATER.—The term ‘‘CAP water’’ has 

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

9 CAP repayment stipulation. 

10 (23) 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 (24) 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 (25) 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 (26) COLORADO RIVER WATER ENTITLE2 MENT.—The term ‘‘Colorado River water entitle3 ment’’ means the right or authorization to use Colo4 rado River water in the State through a mainstem 

5 contract with the Secretary pursuant to section 5 of 

6 the Boulder Canyon Project Act (43 U.S.C. 617d). 

7 (27) DIVERSION.—The term ‘‘diversion’’ means 

8 an act to divert. 

9 (28) DIVERT.—The term ‘‘divert’’ means to re10 ceive, withdraw, develop, produce, or capture water 

11 using— 

12 (A) a ditch, canal, flume, bypass, pipeline, 

13 pit, collection or infiltration gallery, conduit, 

14 well, pump, turnout, dam, or any other mechan15 ical device; or 

16 (B) any other act of man. 

17 (29) DOMESTIC PURPOSE.— 

18 (A) IN GENERAL.—The term ‘‘domestic 

19 purpose’’ means any use relating to the supply, 

20 service, or activity of a household or private res21 idence. 

22 (B) INCLUSIONS.—The term ‘‘domestic 

23 purpose’’ includes the application of water to 

24 not more than 2 acres of land to produce a 

25 plant or parts of a plant for— 


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1 (i) sale or human consumption; or 

2 (ii) use as feed for livestock, range 

3 livestock, or poultry. 

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

5 water that— 

6 (A) has been used in the State for domes7 tic, municipal, or industrial purposes, other 

8 than solely for hydropower generation; and 

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

10 regardless or whether the water has been treat11 ed to improve the quality of the water. 

12 (31) ENFORCEABILITY DATE.—The term ‘‘En13 forceability Date’’ means the date described in sec14 tion 14(a). 

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

16 a trade between 1 or more persons of any water for 

17 any other water, if each person has a right or claim 

18 to use the water the person provides in the trade, re19 gardless of whether the water is traded in equal 

20 quantities or other consideration is included in the 

21 trade. 

22 (33) FOURTH PRIORITY WATER.—The term 

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

24 that is available for delivery in the State for the sat25 isfaction of entitlements— 


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1 (A) in accordance with contracts, Secre2 tarial reservations, perfected rights, and other 

3 arrangements between the United States and 

4 water users in the State entered into or estab5 lished after September 30, 1968, for use on 

6 Federal, State, or privately owned land in the 

7 State, in a total quantity of not greater than 

8 164,652 AFY of diversions; and 

9 (B) after first providing for the delivery of 

10 Colorado River water for the CAP system, in11 cluding for use on Indian land, under section 

12 304(e) of the Colorado River Basin Project Act 

13 (43 U.S.C. 1524(e)), in accordance with the 

14 CAP repayment contract. 

15 (34) FREEPORT.— 

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

17 means the Delaware corporation named ‘‘Free18 port Minerals Corporation’’. 

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

20 includes all subsidiaries, affiliates, successors, 

21 and assigns of Freeport Minerals Corporation, 

22 including Byner Cattle Company, a Nevada cor23 poration. 

24 (35) GILA RIVER ADJUDICATION.—The term 

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


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

2 County of Maricopa, In Re the General Adjudication 

3 of All Rights To Use Water In The Gila River Sys4 tem and Source, W–1 (Salt), W–2 (Verde), W–3 

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

6 (36) GILA RIVER ADJUDICATION COURT.—The 

7 term ‘‘Gila River adjudication court’’ means the Su8 perior Court of the State, in and for the County of 

9 Maricopa, exercising jurisdiction over the Gila River 

10 adjudication. 

11 (37) GILA RIVER ADJUDICATION DECREE.—The 

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

13 judgment or decree entered by the Gila River adju14 dication court in substantially the same form as the 

15 form of judgment attached to the Hualapai Tribe 

16 water rights settlement agreement as Exhibit 3.1.43. 

17 (38) GROUNDWATER.—The term ‘‘ground18 water’’ means all water beneath the surface of the 

19 Earth within the State that is not— 

20 (A) surface water; 

21 (B) effluent; or 

22 (C) Colorado River water. 

23 (39) HUALAPAI FEE LAND.—The term 

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

25 Hualapai trust land, that— 


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1 (A) is located in the State; 

2 (B) is located outside the exterior bound3 aries of the Hualapai Reservation or Hualapai 

4 trust land; and 

5 (C) as of the Enforceability Date, is owned 

6 by the Hualapai Tribe, including by a tribally 

7 owned corporation. 

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

9 land’’ means— 

10 (A) the Hualapai Reservation; 

11 (B) Hualapai trust land; and 

12 (C) Hualapai fee land. 

13 (41) HUALAPAI RESERVATION.—The term 

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

15 exterior boundaries of the Hualapai Reservation, in16 cluding— 

17 (A) all land withdrawn by the Executive 

18 order dated January 4, 1883, as modified by 

19 the May 28, 1942, order of the Secretary pur20 suant to the Act of February 20, 1925 (43 

21 Stat. 954, chapter 273); 

22 (B) the land identified by the Executive or23 ders dated December 22, 1898, May 14, 1900, 

24 and June 2, 1911; and 


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1 (C) the land added to the Hualapai Res2 ervation by sections 11 and 12. 

3 (42) HUALAPAI TRIBE.—The term ‘‘Hualapai 

4 Tribe’’ means the Hualapai Tribe, a federally recog5 nized Indian Tribe of Hualapai Indians organized 

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

7 U.S.C. 5123) (commonly known as the ‘‘Indian Re8 organization Act’’). 

9 (43) HUALAPAI TRIBE CAP WATER.—The term 

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

11 of the CAP NIA priority water that— 

12 (A) was previously allocated to non-Indian 

13 agricultural entities; 

14 (B) was retained by the Secretary for re15 allocation to Indian Tribes in the State pursu16 ant to section 104(a)(1)(A)(iii) of the Central 

17 Arizona Project Settlement Act of 2004 (Public 

18 Law 108–451; 118 Stat. 3487); and 

19 (C) is reallocated to the Hualapai Tribe 

20 pursuant to section 13. 

21 (44) HUALAPAI TRIBE WATER DELIVERY CON22 TRACT.—The term ‘‘Hualapai Tribe water delivery 

23 contract’’ means the contract entered into in accord24 ance with the Hualapai Tribe water rights settleVerDate Sep 11 2014 03:09 Apr 29, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4104.IS S4104

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1 ment agreement and section 13(c) for the delivery of 

2 Hualapai Tribe CAP water. 

3 (45) HUALAPAI TRIBE WATER RIGHTS SETTLE4 MENT AGREEMENT.— 

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

6 Tribe water rights settlement agreement’’ 

7 means the agreement, including exhibits, enti8 tled ‘‘Hualapai Tribe Water Rights Settlement 

9 Agreement’’ and dated February 11, 2019. 

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

11 Tribe water rights settlement agreement’’ in12 cludes— 

13 (i) any amendments necessary to 

14 make the Hualapai Tribe water rights set15 tlement agreement consistent with this 

16 Act; and 

17 (ii) any other amendments approved 

18 by the parties to the Hualapai Tribe water 

19 rights settlement agreement and the Sec20 retary. 

21 (46) HUALAPAI TRUST LAND.—The term 

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

23 Hualapai fee land, that is— 

24 (A) located— 

25 (i) in the State; and 


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1 (ii) outside the exterior boundaries of 

2 the Hualapai Reservation; and 

3 (B) as of the Enforceability Date, held in 

4 trust by the United States for the benefit of the 

5 Hualapai Tribe. 

6 (47) HUALAPAI WATER PROJECT.—The term 

7 ‘‘Hualapai Water Project’’ means the project con8 structed in accordance with section 6(a)(7)(A). 

9 (48) HUALAPAI WATER TRUST FUND AC10 COUNT.—The term ‘‘Hualapai Water Trust Fund 

11 Account’’ means the account established under sec12 tion 6(a)(1). 

13 (49) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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

15 Indian Self-Determination and Education Assistance 

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

17 (50) INJURY TO WATER RIGHTS.— 

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

19 water rights’’ means any interference with, dim20 inution of, or deprivation of, a water right 

21 under Federal, State, or other law. 

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

23 water rights’’ does not include any injury to 

24 water quality. 


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

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

3 the Colorado River Compact. 

4 (52) LOWER COLORADO RIVER BASIN DEVELOP5 MENT FUND.—The term ‘‘Lower Colorado River 

6 Basin Development Fund’’ means the fund estab7 lished by section 403(a) of the Colorado River Basin 

8 Project Act (43 U.S.C. 1543(a)). 

9 (53) MEMBER.—The term ‘‘member’’ means 

10 any person duly enrolled as a member of the 

11 Hualapai Tribe. 

12 (54) OM&R.—The term ‘‘OM&R’’ means— 

13 (A) any recurring or ongoing activity relat14 ing to the day-to-day operation of a project; 

15 (B) any activity relating to scheduled or 

16 unscheduled maintenance of a project; and 

17 (C) any activity relating to replacing a fea18 ture of a project. 

19 (55) PARCEL 1.—The term ‘‘Parcel 1’’ means 

20 the parcel of land that is— 

21 (A) depicted as 3 contiguous allotments 

22 identified as 1A, 1B, and 1C on the map at23 tached to the Hualapai Tribe water rights set24 tlement agreement as Exhibit 3.1.6; and 

25 (B) held in trust for certain allottees. 


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1 (56) PARCEL 2.—The term ‘‘Parcel 2’’ means 

2 the parcel of land that is— 

3 (A) depicted as ‘‘Parcel 2’’ on the map at4 tached to the Hualapai Tribe water rights set5 tlement agreement as Exhibit 3.1.6; and 

6 (B) held in trust for certain allottees. 

7 (57) PARCEL 3.—The term ‘‘Parcel 3’’ means 

8 the parcel of land that is— 

9 (A) depicted as ‘‘Parcel 3’’ on the map at10 tached to the Hualapai Tribe water rights set11 tlement agreement as Exhibit 3.1.6; 

12 (B) held in trust for the Hualapai Tribe; 

13 and 

14 (C) part of the Hualapai Reservation pur15 suant to Executive Order 1368, dated June 2, 

16 1911. 

17 (58) PARTY.—The term ‘‘party’’ means a per18 son that is a signatory to the Hualapai Tribe water 

19 rights settlement agreement. 

20 (59) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of the Interior. 

22 (60) STATE.—The term ‘‘State’’ means the 

23 State of Arizona. 


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1 (61) STOCK WATERING.—The term ‘‘stock wa2 tering’’ means the watering of livestock, range live3 stock, or poultry. 

4 (62) SURFACE WATER.—The term ‘‘surface 

5 water’’ means all water in the State that is appro6 priable under State law. 

7 (63) TRUXTON BASIN.—The term ‘‘Truxton 

8 Basin’’ means the groundwater aquifer described in 

9 the report issued by the United States Geological 

10 Survey entitled ‘‘Groundwater Availability in the 

11 Truxton Basin, Northwestern Arizona’’, Scientific 

12 Investigations Report No. 2020–5017–A. 

13 (64) WATER.—The term ‘‘water’’, when used 

14 without a modifying adjective, means— 

15 (A) groundwater; 

16 (B) surface water; 

17 (C) effluent; and 

18 (D) Colorado River water. 

19 (65) WATER RIGHT.—The term ‘‘water right’’ 

20 means any right in or to groundwater, surface 

21 water, effluent, or Colorado River water under Fed22 eral, State, or other law. 


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1 SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 

2 TRIBE WATER RIGHTS SETTLEMENT AGREE3 MENT. 

4 (a) RATIFICATION.— 

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

6 Act and to the extent the Hualapai Tribe water 

7 rights settlement agreement does not conflict with 

8 this Act, the Hualapai Tribe water rights settlement 

9 agreement is authorized, ratified, and confirmed. 

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

11 Hualapai Tribe water rights settlement agreement, 

12 or to any exhibit attached to the Hualapai Tribe 

13 water rights settlement agreement requiring the sig14 nature of the Secretary, is executed in accordance 

15 with this Act to make the Hualapai Tribe water 

16 rights settlement agreement consistent with this Act, 

17 the amendment is authorized, ratified, and con18 firmed, to the extent the amendment is consistent 

19 with this Act. 

20 (b) EXECUTION.— 

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

22 Tribe water rights settlement agreement does not 

23 conflict with this Act, the Secretary shall execute the 

24 Hualapai Tribe water rights settlement agreement, 

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


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1 Tribe water rights settlement agreement requiring 

2 the signature of the Secretary. 

3 (2) MODIFICATIONS.—Nothing in this Act pro4 hibits the Secretary from approving any modification 

5 to an appendix or exhibit to the Hualapai Tribe 

6 water rights settlement agreement that is consistent 

7 with this Act, to the extent the modification does not 

8 otherwise require congressional approval under sec9 tion 2116 of the Revised Statutes (25 U.S.C. 177) 

10 or any other applicable provision of Federal law. 

11 (c) ENVIRONMENTAL COMPLIANCE.— 

12 (1) IN GENERAL.—In implementing the 

13 Hualapai Tribe water rights settlement agreement 

14 (including all exhibits to the Hualapai Tribe water 

15 rights settlement agreement requiring the signature 

16 of the Secretary) and this Act, the Secretary shall 

17 comply with all applicable provisions of— 

18 (A) the Endangered Species Act of 1973 

19 (16 U.S.C. 1531 et seq.); 

20 (B) the National Environmental Policy Act 

21 of 1969 (42 U.S.C. 4321 et seq.), including the 

22 implementing regulations of that Act; and 

23 (C) all other applicable Federal environ24 mental laws and regulations. 

25 (2) COMPLIANCE.— 


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1 (A) IN GENERAL.—In implementing the 

2 Hualapai Tribe water rights settlement agree3 ment and this Act, the Hualapai Tribe shall 

4 prepare any necessary environmental docu5 ments, consistent with all applicable provisions 

6 of— 

7 (i) the Endangered Species Act of 

8 1973 (16 U.S.C. 1531 et seq.); 

9 (ii) the National Environmental Policy 

10 Act of 1969 (42 U.S.C. 4321 et seq.), in11 cluding the implementing regulations of 

12 that Act; and 

13 (iii) all other applicable Federal envi14 ronmental laws and regulations. 

15 (B) AUTHORIZATIONS.—The Secretary 

16 shall— 

17 (i) independently evaluate the docu18 mentation submitted under subparagraph 

19 (A); and 

20 (ii) be responsible for the accuracy, 

21 scope, and contents of that documentation. 

22 (3) EFFECT OF EXECUTION.—The execution of 

23 the Hualapai Tribe water rights settlement agree24 ment by the Secretary under this section shall not 

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1 tional Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.). 

3 SEC. 5. WATER RIGHTS. 

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

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

6 hold the following water rights in trust for the ben7 efit of the Hualapai Tribe: 

8 (A) The water rights for the Hualapai 

9 Reservation described in subparagraph 4.2 of 

10 the Hualapai Tribe water rights settlement 

11 agreement. 

12 (B) The water rights for Hualapai trust 

13 land described in subparagraph 4.4 of the 

14 Hualapai Tribe water rights settlement agree15 ment. 

16 (C) The water rights described in section 

17 12(e)(2) for any land taken into trust by the 

18 United States for the benefit of the Hualapai 

19 Tribe— 

20 (i) after the Enforceability Date; and 

21 (ii) in accordance with section 

22 12(e)(1). 

23 (D) All Hualapai Tribe CAP water. 

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

25 in trust for the benefit of the allottees all water 


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1 rights for the allotments described in subparagraph 

2 4.3.2 of the Hualapai Tribe water rights settlement 

3 agreement. 

4 (b) FORFEITURE AND ABANDONMENT.—The fol5 lowing water rights shall not be subject to loss through 

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

7 law: 

8 (1) The water rights for the Hualapai Reserva9 tion described in subparagraph 4.2 of the Hualapai 

10 Tribe water rights settlement agreement. 

11 (2) The water rights for Hualapai trust land 

12 described in subparagraph 4.4 of the Hualapai Tribe 

13 water rights settlement agreement. 

14 (3) Any Colorado River water entitlement pur15 chased by the Hualapai Tribe wholly or substantially 

16 with amounts in the Economic Development Fund 

17 described in section 8.1 of the Amended and Re18 stated Hualapai Tribe Bill Williams River Water 

19 Rights Settlement Agreement. 

20 (c) ALIENATION.—Any Colorado River water entitle21 ment purchased by the Hualapai Tribe wholly or substan22 tially with amounts in the Economic Development Fund 

23 described in section 8.1 of the Amended and Restated 

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1 ment Agreement shall be restricted against permanent 

2 alienation by the Hualapai Tribe. 

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

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

5 Hualapai Tribe CAP water in accordance with section 13. 

6 (e) COLORADO RIVER WATER ENTITLEMENTS.— 

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

8 right to use any Colorado River water entitlement 

9 purchased by or donated to the Hualapai Tribe at 

10 the location to which the entitlement is appurtenant 

11 on the date on which the entitlement is purchased 

12 or donated. 

13 (2) STORAGE.— 

14 (A) IN GENERAL.—Subject to paragraphs 

15 (3) and (5), the Hualapai Tribe may store Colo16 rado River water available under any Colorado 

17 River water entitlement purchased by or do18 nated to the Hualapai Tribe at underground 

19 storage facilities or groundwater savings facili20 ties located within the State and in accordance 

21 with State law. 

22 (B) ASSIGNMENTS.—The Hualapai Tribe 

23 may assign any long-term storage credits ac24 crued as a result of storage under subpara25 graph (A) in accordance with State law. 


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1 (3) TRANSFERS.—The Hualapai Tribe may 

2 transfer the entitlement for use or storage under 

3 paragraph (1) or (2), respectively, to another loca4 tion within the State, including the Hualapai Res5 ervation, in accordance with the Hualapai Tribe 

6 water rights settlement agreement and all applicable 

7 Federal and State laws governing the transfer of 

8 Colorado River water entitlements within the State. 

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

10 any Colorado River water entitlement for use or 

11 storage under paragraph (1) or (2), respectively, to 

12 a water user within the State, in accordance with 

13 the Hualapai Tribe water rights settlement agree14 ment and all applicable Federal and State laws gov15 erning the transfer of Colorado River water entitle16 ments within the State. 

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

18 person who leases a Colorado River water entitle19 ment from the Hualapai Tribe under paragraph (4), 

20 may transport Colorado River water available under 

21 the Colorado River water entitlement through the 

22 Central Arizona Project in accordance with all laws 

23 of the United States and the agreements between 

24 the United States and the Central Arizona Water 

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•S 4104 IS

1 tral Arizona Project to transport water other than 

2 CAP water. 

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

4 groundwater under the Hualapai Reservation or Hualapai 

5 trust land, or to surface water on the Hualapai Reserva6 tion or Hualapai trust land, may be sold, leased, trans7 ferred, or used outside the boundaries of the Hualapai 

8 Reservation or Hualapai trust land, other than under an 

9 exchange. 

10 (g) GROUNDWATER TRANSPORTATION.— 

11 (1) FEE LAND.—Groundwater may be trans12 ported in accordance with State law away from 

13 Hualapai fee land and away from land acquired in 

14 fee by the Hualapai Tribe, including by a tribally 

15 owned corporation, after the Enforceability Date. 

16 (2) LAND ADDED TO HUALAPAI RESERVA17 TION.—Groundwater may be transported in accord18 ance with State law away from land added to the 

19 Hualapai Reservation by sections 11 and 12 to other 

20 land within the Hualapai Reservation. 

21 SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CON22 STRUCTION OF HUALAPAI WATER PROJECT; 

23 FUNDING. 

24 (a) HUALAPAI WATER TRUST FUND ACCOUNT.— 


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1 (1) ESTABLISHMENT.—The Secretary shall es2 tablish a trust fund account, to be known as the 

3 ‘‘Hualapai Water Trust Fund Account’’, to be man4 aged, invested, and distributed by the Secretary and 

5 to remain available until expended, withdrawn, or re6 verted to the general fund of the Treasury, con7 sisting of the amounts deposited in the Hualapai 

8 Water Trust Fund Account under paragraph (2), to9 gether with any interest earned on those amounts, 

10 for the purposes of carrying out this Act. 

11 (2) DEPOSITS.—The Secretary shall deposit in 

12 the Hualapai Water Trust Fund Account the 

13 amounts made available pursuant to section 7(a)(1). 

14 (3) MANAGEMENT AND INTEREST.— 

15 (A) MANAGEMENT.—On receipt and de16 posit of funds into the Hualapai Water Trust 

17 Fund Account, the Secretary shall manage, in18 vest, and distribute all amounts in the Hualapai 

19 Water Trust Fund Account in a manner that is 

20 consistent with the investment authority of the 

21 Secretary under— 

22 (i) the first section of the Act of June 

23 24, 1938 (25 U.S.C. 162a); 


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•S 4104 IS

1 (ii) the American Indian Trust Fund 

2 Management Reform Act of 1994 (25 

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

4 (iii) this subsection. 

5 (B) INVESTMENT EARNINGS.—In addition 

6 to the deposits made to the Hualapai Water 

7 Trust Fund Account under paragraph (2), any 

8 investment earnings, including interest, credited 

9 to amounts held in the Hualapai Water Trust 

10 Fund Account are authorized to be used in ac11 cordance with paragraph (7). 

12 (4) AVAILABILITY OF AMOUNTS.— 

13 (A) IN GENERAL.—Amounts appropriated 

14 to, and deposited in, the Hualapai Water Trust 

15 Fund Account, including any investment earn16 ings, shall be made available to the Hualapai 

17 Tribe by the Secretary beginning on the En18 forceability Date, subject to the requirements of 

19 this section. 

20 (B) USE.—Notwithstanding subparagraph 

21 (A), amounts deposited in the Hualapai Water 

22 Trust Fund Account shall be available to the 

23 Hualapai Tribe on the date on which the 

24 amounts are deposited for environmental com25 pliance, as provided in section 8. 


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1 (5) WITHDRAWALS.— 

2 (A) WITHDRAWALS UNDER THE AMERICAN

3 INDIAN TRUST FUND MANAGEMENT REFORM

4 ACT OF 1994.— 

5 (i) IN GENERAL.—The Hualapai 

6 Tribe may withdraw any portion of the 

7 amounts in the Hualapai Water Trust 

8 Fund Account on approval by the Sec9 retary of a Tribal management plan sub10 mitted by the Tribe in accordance with the 

11 American Indian Trust Fund Management 

12 Reform Act of 1994 (25 U.S.C. 4001 et 

13 seq.). 

14 (ii) REQUIREMENTS.—In addition to 

15 the requirements under the American In16 dian Trust Fund Management Reform Act 

17 of 1994 (25 U.S.C. 4001 et seq.), the 

18 Tribal management plan under this sub19 paragraph shall require that the Hualapai 

20 Tribe spend all amounts withdrawn from 

21 the Hualapai Water Trust Fund Account 

22 and any investment earnings accrued 

23 through the investments under the Tribal 

24 management plan in accordance with this 

25 Act. 


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1 (iii) ENFORCEMENT.—The Secretary 

2 may carry out such judicial and adminis3 trative actions as the Secretary determines 

4 to be necessary to enforce the Tribal man5 agement plan under this subparagraph to 

6 ensure that amounts withdrawn by the 

7 Hualapai Tribe from the Hualapai Water 

8 Trust Fund Account under clause (i) are 

9 used in accordance with this Act. 

10 (B) WITHDRAWALS UNDER EXPENDITURE

11 PLAN.— 

12 (i) IN GENERAL.—The Hualapai 

13 Tribe may submit to the Secretary a re14 quest to withdraw funds from the 

15 Hualapai Water Trust Fund Account pur16 suant to an approved expenditure plan. 

17 (ii) REQUIREMENTS.—To be eligible 

18 to withdraw amounts under an expenditure 

19 plan under this subparagraph, the 

20 Hualapai Tribe shall submit to the Sec21 retary an expenditure plan for any portion 

22 of the Hualapai Water Trust Fund Ac23 count that the Hualapai Tribe elects to 

24 withdraw pursuant to this subparagraph, 

25 subject to the condition that the amounts 


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•S 4104 IS

1 shall be used for the purposes described in 

2 this Act. 

3 (iii) INCLUSIONS.—An expenditure 

4 plan under this subparagraph shall include 

5 a description of the manner and purpose 

6 for which the amounts proposed to be 

7 withdrawn from the Hualapai Water Trust 

8 Fund Account will be used by the 

9 Hualapai Tribe, in accordance with para10 graph (7). 

11 (iv) APPROVAL.—The Secretary shall 

12 approve an expenditure plan submitted 

13 under clause (ii) if the Secretary deter14 mines that the plan— 

15 (I) is reasonable; and 

16 (II) is consistent with, and will 

17 be used for, the purposes of this Act. 

18 (v) ENFORCEMENT.—The Secretary 

19 may carry out such judicial and adminis20 trative actions as the Secretary determines 

21 to be necessary to enforce an expenditure 

22 plan to ensure that amounts disbursed 

23 under this subparagraph are used in ac24 cordance with this Act. 


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1 (6) EFFECT OF TITLE.—Nothing in this section 

2 gives the Hualapai Tribe the right to judicial review 

3 of a determination of the Secretary relating to 

4 whether to approve a Tribal management plan under 

5 paragraph (5)(A) or an expenditure plan under 

6 paragraph (5)(B) except under subchapter II of 

7 chapter 5, and chapter 7, of title 5, United States 

8 Code (commonly known as the ‘‘Administrative Pro9 cedure Act’’). 

10 (7) USES.—Amounts from the Hualapai Water 

11 Trust Fund Account shall be used by the Hualapai 

12 Tribe— 

13 (A) to plan, design, construct, and conduct 

14 related activities, including compliance with 

15 Federal environmental laws under section 8, the 

16 Hualapai Water Project, which shall be de17 signed to divert, treat, and convey up to 3,414 

18 AFY of water from the Colorado River in the 

19 lower basin in the State, including locations on 

20 or directly adjacent to the Hualapai Reserva21 tion, for municipal, commercial, and industrial 

22 uses on the Hualapai Reservation; 

23 (B) to perform OM&R on the Hualapai 

24 Water Project; 


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•S 4104 IS

1 (C) to construct facilities to transport elec2 trical power to pump water for the Hualapai 

3 Water Project; 

4 (D) to construct, repair, and replace such 

5 infrastructure as may be necessary for ground6 water wells on the Hualapai Reservation and to 

7 construct infrastructure for delivery and use of 

8 such groundwater on the Hualapai Reservation; 

9 (E) to acquire land, interests in land, and 

10 water rights outside the exterior boundaries of 

11 the Hualapai Reservation that are located in 

12 the Truxton Basin; 

13 (F) to reimburse the Hualapai Tribe for 

14 any— 

15 (i) planning, design, and engineering 

16 costs associated with the Hualapai Water 

17 Project that the Hualapai Tribe incurs 

18 using Tribal funds during the period— 

19 (I) beginning on the date of en20 actment of this Act; and 

21 (II) ending on the Enforceability 

22 Date; and 

23 (ii) construction costs associated with 

24 the Hualapai Water Project that the 


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•S 4104 IS

1 Hualapai Tribe incurs using Tribal funds 

2 during the period— 

3 (I) beginning on the date on 

4 which the Secretary issues a record of 

5 decision; and 

6 (II) ending on the Enforceability 

7 Date; and 

8 (G) to make contributions to the Economic 

9 Development Fund described in section 8.1 of 

10 the Amended and Restated Hualapai Tribe Bill 

11 Williams River Water Rights Settlement Agree12 ment for the purpose of purchasing additional 

13 Colorado River water entitlements and appur14 tenant land. 

15 (8) LIABILITY.—The Secretary and the Sec16 retary of the Treasury shall not be liable for the ex17 penditure or investment of any amounts withdrawn 

18 from the Hualapai Water Trust Fund Account by 

19 the Hualapai Tribe under paragraph (5). 

20 (9) TITLE TO INFRASTRUCTURE.—Title to, con21 trol over, and operation of any project constructed 

22 using funds from the Hualapai Water Trust Fund 

23 Account shall remain in the Hualapai Tribe. 

24 (10) OM&R.—All OM&R costs of any project 

25 constructed using funds from the Hualapai Water 


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•S 4104 IS

1 Trust Fund Account shall be the responsibility of 

2 the Hualapai Tribe. 

3 (11) NO PER CAPITA DISTRIBUTIONS.—No por4 tion of the Hualapai Water Trust Fund Account 

5 shall be distributed on a per capita basis to any 

6 member of the Hualapai Tribe. 

7 (12) EXPENDITURE REPORTS.—The Hualapai 

8 Tribe shall annually submit to the Secretary an ex9 penditure report describing accomplishments and 

10 amounts spent from use of withdrawals under a 

11 Tribal management plan or an expenditure plan 

12 under this Act. 

13 (b) HUALAPAI WATER SETTLEMENT IMPLEMENTA14 TION FUND ACCOUNT.— 

15 (1) ESTABLISHMENT.—There is established in 

16 the Treasury of the United States a nontrust, inter17 est-bearing account, to be known as the ‘‘Hualapai 

18 Water Settlement Implementation Fund Account’’ 

19 (referred to in this subsection as the ‘‘Implementa20 tion Fund Account’’) to be managed and distributed 

21 by the Secretary, for use by the Secretary for car22 rying out this Act. 

23 (2) DEPOSITS.—The Secretary shall deposit in 

24 the Implementation Fund Account the amounts 

25 made available pursuant to section 7(a)(2). 


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•S 4104 IS

1 (3) USES.—The Implementation Fund Account 

2 shall be used by the Secretary to carry out section 

3 15(c), including for groundwater monitoring in the 

4 Truxton Basin. 

5 (4) INTEREST.—In addition to the deposits 

6 under paragraph (2), any investment earnings, in7 cluding interest, credited to amounts unexpended in 

8 the Implementation Fund Account are authorized to 

9 be appropriated to be used in accordance with para10 graph (3). 

11 SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 

12 (a) AUTHORIZATIONS.— 

13 (1) HUALAPAI WATER TRUST FUND AC14 COUNT.—There is authorized to be appropriated to 

15 the Secretary for deposit in the Hualapai Water 

16 Trust Fund Account $180,000,000, to be available 

17 until expended, withdrawn, or reverted to the gen18 eral fund of the Treasury. 

19 (2) HUALAPAI WATER SETTLEMENT IMPLEMEN20 TATION FUND ACCOUNT.—There is authorized to be 

21 appropriated to the Secretary for deposit in the 

22 Hualapai Water Settlement Implementation Fund 

23 account established by section 6(b)(1) $5,000,000. 

24 (b) FLUCTUATION IN COSTS.— 


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•S 4104 IS

1 (1) IN GENERAL.—The amount authorized to 

2 be appropriated under subsection (a)(1) shall be in3 creased or decreased, as appropriate, by such 

4 amounts as may be justified by reason of ordinary 

5 fluctuations in costs occurring after the date of en6 actment of this Act, as indicated by the Bureau of 

7 Reclamation Construction Cost Index—Composite 

8 Trend. 

9 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

10 amount authorized to be appropriated under sub11 section (a)(1) shall be adjusted to address construc12 tion cost changes necessary to account for unfore13 seen market volatility that may not otherwise be 

14 captured by engineering cost indices as determined 

15 by the Secretary, including repricing applicable to 

16 the types of construction and current industry 

17 standards involved. 

18 (3) REPETITION.—The adjustment process 

19 under this subsection shall be repeated for each sub20 sequent amount appropriated until the amount au21 thorized, as adjusted, has been appropriated. 

22 (4) PERIOD OF INDEXING.—The period of in23 dexing adjustment for any increment of funding 

24 shall end on the date on which the funds are depos25 ited in the Hualapai Water Trust Fund Account. 


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•S 4104 IS

1 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

2 (a) IN GENERAL.—Effective beginning on the date 

3 of deposit of funds in the Hualapai Water Trust Fund 

4 Account, the Hualapai Tribe may commence any environ5 mental, cultural, and historical compliance activities nec6 essary to implement the Hualapai Tribe water rights set7 tlement agreement and this Act, including activities nec8 essary to comply with all applicable provisions of— 

9 (1) the Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq.); 

11 (2) the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.), including the imple13 menting regulations of that Act; and 

14 (3) all other applicable Federal environmental 

15 or historical and cultural protection laws and regula16 tions. 

17 (b) NO EFFECT ON OUTCOME.—Nothing in this Act 

18 affects or directs the outcome of any analysis under the 

19 National Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) or any other applicable Federal environ21 mental or historical and cultural protection law. 

22 (c) COMPLIANCE COSTS.—Any costs associated with 

23 the performance of the compliance activities under sub24 section (a) shall be paid from funds deposited in the 

25 Hualapai Water Trust Fund Account, subject to the con26 dition that any costs associated with the performance of 


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•S 4104 IS

1 Federal approval or other review of such compliance work 

2 or costs associated with inherently Federal functions shall 

3 remain the responsibility of the Secretary. 

4 (d) RECORD OF DECISION.—Construction of the 

5 Hualapai Water Project shall not commence until the Sec6 retary issues a record of decision after completion of an 

7 environmental impact statement for the Hualapai Water 

8 Project. 

9 (e) CONSTRUCTION COSTS.—Any costs of construc10 tion incurred by the Hualapai Tribe during the period be11 ginning on the date on which the Secretary issues a record 

12 of decision and ending on the Enforceability Date shall 

13 be paid by the Hualapai Tribe and not from funds depos14 ited in the Hualapai Water Trust Fund Account, subject 

15 to the condition that, pursuant to section 6(a)(7)(F), the 

16 Hualapai Tribe may be reimbursed after the Enforce17 ability Date from the Hualapai Water Trust Fund Ac18 count for any such costs of construction incurred by the 

19 Hualapai Tribe prior to the Enforceability Date. 

20 SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 

21 (a) WAIVERS AND RELEASES OF CLAIMS BY THE

22 HUALAPAI TRIBE.— 

23 (1) CLAIMS AGAINST THE STATE AND OTH24 ERS.— 


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•S 4104 IS

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

2 subparagraph (C), the Hualapai Tribe, on be3 half of the Hualapai Tribe and the members of 

4 the Hualapai Tribe (but not members in the ca5 pacity of the members as allottees) and the 

6 United States, acting as trustee for the 

7 Hualapai Tribe and the members of the 

8 Hualapai Tribe (but not members in the capac9 ity of the members as allottees), as part of the 

10 performance of the respective obligations of the 

11 Hualapai Tribe and the United States under 

12 the Hualapai Tribe water rights settlement 

13 agreement and this Act, are authorized to exe14 cute a waiver and release of any claims against 

15 the State (or any agency or political subdivision 

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

17 corporation, or municipal corporation under 

18 Federal, State, or other law for all— 

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

20 water rights, including rights to Colorado 

21 River water, for Hualapai land, arising 

22 from time immemorial and, thereafter, for23 ever; 

24 (ii) past, present, and future claims 

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•S 4104 IS

1 rado River water, arising from time imme2 morial and, thereafter, forever, that are 

3 based on the aboriginal occupancy of land 

4 by the Hualapai Tribe, the predecessors of 

5 the Hualapai Tribe, the members of the 

6 Hualapai Tribe, or predecessors of the 

7 members of the Hualapai Tribe; 

8 (iii) 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 (iv) 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 (v) claims for injury to water rights, 

24 including injury to rights to Colorado 

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•S 4104 IS

1 ability Date, for Hualapai land, resulting 

2 from the off-reservation diversion or use of 

3 surface water, Colorado River water, or ef4 fluent in a manner not in violation of the 

5 Hualapai Tribe water rights settlement 

6 agreement or State law; 

7 (vi) past, present, and future claims 

8 arising out of, or relating in any manner 

9 to, the negotiation, execution, or adoption 

10 of the Hualapai Tribe water rights settle11 ment agreement, any judgment or decree 

12 approving or incorporating the Hualapai 

13 Tribe water rights settlement agreement, 

14 or this Act; 

15 (vii) claims for water rights of the 

16 Hualapai Tribe or the United States, act17 ing as trustee for the Hualapai Tribe and 

18 members of the Hualapai Tribe, with re19 spect to Parcel 3, in excess of 300 AFY; 

20 (viii) claims for injury to water rights 

21 arising after the Enforceability Date for 

22 Hualapai land resulting from the off-res23 ervation diversion or use of groundwater 

24 from— 


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•S 4104 IS

1 (I) any well constructed outside 

2 of the Truxton Basin on or before the 

3 date of enactment of this Act; 

4 (II) any well constructed outside 

5 of the Truxton Basin, and not more 

6 than 2 miles from the exterior bound7 aries of the Hualapai Reservation, 

8 after the date of enactment of this 

9 Act if— 

10 (aa) the well was con11 structed to replace a well in ex12 istence on the date of enactment 

13 of this Act; 

14 (bb) the replacement well 

15 was constructed within 660 feet 

16 of the well being replaced; and 

17 (cc) the pumping capacity 

18 and case diameter of the replace19 ment well do not exceed the 

20 pumping capacity and case di21 ameter of the well being replaced; 

22 or 

23 (III) any well constructed outside 

24 the Truxton Basin, and not less than 

25 2 miles from the exterior boundaries 


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•S 4104 IS

1 of the Hualapai Reservation, after the 

2 date of enactment of this Act, subject 

3 to the condition that the authoriza4 tions and restrictions regarding the lo5 cation, size, and operation of wells in 

6 the Bill Williams River watershed set 

7 forth in the Bill Williams agreements 

8 and the Bill Williams Act, and the 

9 waivers of claims in the Bill Williams 

10 agreements and the Bill Williams Act, 

11 shall continue to apply to the parties 

12 to the Bill Williams agreements, not13 withstanding the provisions of this 

14 subsection; and 

15 (ix) claims for injury to water rights 

16 arising after the Enforceability Date, for 

17 Hualapai land, resulting from the off-res18 ervation diversion or use of groundwater in 

19 the Truxton Basin from— 

20 (I) any well constructed within 

21 the Truxton Basin for domestic pur22 poses or stock watering— 

23 (aa) on or before the date on 

24 which the Secretary provides 


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•S 4104 IS

1 written notice to the State pursu2 ant to section 15(c)(2); or 

3 (bb) after the date on which 

4 the Secretary provides written 

5 notice to the State pursuant to 

6 that section if— 

7 (AA) the well was con8 structed to replace a well in 

9 existence on the date on 

10 which the notice was pro11 vided; 

12 (BB) the replacement 

13 well was constructed within 

14 660 feet of the well being re15 placed; and 

16 (CC) the pumping ca17 pacity and case diameter of 

18 the replacement well do not 

19 exceed the pumping capacity 

20 and case diameter of the 

21 well being replaced; and 

22 (II) any well constructed within 

23 the Truxton Basin for purposes other 

24 than domestic purposes or stock wa25 tering— 


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•S 4104 IS

1 (aa) on or before the date of 

2 enactment of this Act; 

3 (bb) after the date of enact4 ment of this Act if the Secretary 

5 has not provided written notice to 

6 the State pursuant to section 

7 15(c)(2); or 

8 (cc) after the date of enact9 ment of this Act if the Secretary 

10 has provided written notice to the 

11 State pursuant to section 

12 15(c)(2) and if— 

13 (AA) the well was con14 structed to replace a well in 

15 existence on the on which 

16 date the notice was pro17 vided; 

18 (BB) the replacement 

19 well was constructed within 

20 660 feet of the well being re21 placed; and 

22 (CC) the pumping ca23 pacity and case diameter of 

24 the replacement well do not 

25 exceed the pumping capacity 


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•S 4104 IS

1 and case diameter of the 

2 well being replaced. 

3 (B) EFFECTIVE DATE.—The waiver and 

4 release of claims described in subparagraph (A) 

5 shall take effect on the Enforceability Date. 

6 (C) RESERVATION OF RIGHTS AND RETEN7 TION OF CLAIMS.—Notwithstanding the waiver 

8 and release of claims described in subparagraph 

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

10 Hualapai Tribe and the members of the 

11 Hualapai Tribe, and the United States, acting 

12 as trustee for the Hualapai Tribe and the mem13 bers of the Hualapai Tribe (but not members in 

14 the capacity of the members as allottees), shall 

15 retain any right— 

16 (i) subject to subparagraph 12.7 of 

17 the Hualapai Tribe water rights settlement 

18 agreement, to assert claims for injuries to, 

19 and seek enforcement of, the rights of the 

20 Hualapai Tribe under the Hualapai Tribe 

21 water rights settlement agreement or this 

22 Act in any Federal or State court of com23 petent jurisdiction; 

24 (ii) to assert claims for injuries to, 

25 and seek enforcement of, the rights of the 


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•S 4104 IS

1 Hualapai Tribe under any judgment or de2 cree approving or incorporating the 

3 Hualapai Tribe water rights settlement 

4 agreement; 

5 (iii) to assert claims for water rights 

6 based on State law for land owned or ac7 quired by the Hualapai Tribe in fee, under 

8 subparagraph 4.8 of the Hualapai Tribe 

9 water rights settlement agreement; 

10 (iv) to object to any claims for water 

11 rights or injury to water rights by or for 

12 any Indian Tribe or the United States, act13 ing on behalf of any Indian Tribe; 

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

15 claims for injury to water rights against 

16 any Indian Tribe or the United States, act17 ing on behalf of any Indian Tribe; 

18 (vi) to assert claims for injuries to, 

19 and seek enforcement of, the rights of the 

20 Hualapai Tribe under the Bill Williams 

21 agreements or the Bill Williams Act in any 

22 Federal or State court of competent juris23 diction; 

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

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


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•S 4104 IS

1 rights of the Hualapai Tribe under any 

2 Colorado River water entitlement pur3 chased by or donated to the Hualapai 

4 Tribe; and 

5 (viii) to assert claims for injury to 

6 water rights arising after the Enforce7 ability Date for Hualapai land resulting 

8 from any off-reservation diversion or use of 

9 groundwater, without regard to quantity, 

10 from— 

11 (I) any well constructed after the 

12 date of enactment of this Act outside 

13 of the Truxton Basin and not more 

14 than 2 miles from the exterior bound15 aries of the Hualapai Reservation, ex16 cept a replacement well described in 

17 subparagraph (A)(viii)(II), subject to 

18 the authorizations and restrictions re19 garding the location, size, and oper20 ation of wells in the Bill Williams 

21 River watershed, and the waivers of 

22 claims, set forth in the Bill Williams 

23 agreements and the Bill Williams Act; 

24 (II) any well constructed within 

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•S 4104 IS

1 poses or stock watering after the date 

2 on which the Secretary has provided 

3 written notice to the State pursuant 

4 to section 15(c)(2), except for a re5 placement well described in subpara6 graph (A)(ix)(I)(bb); and 

7 (III) any well constructed within 

8 the Truxton Basin for purposes other 

9 than domestic purposes or stock wa10 tering after the date of enactment of 

11 this Act, if the Secretary has provided 

12 notice to the State pursuant to section 

13 15(c)(2), except for a replacement 

14 well as described in subparagraph 

15 (A)(ix)(II)(cc). 

16 (2) CLAIMS AGAINST UNITED STATES.— 

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

18 subparagraph (C), the Hualapai Tribe, acting 

19 on behalf of the Hualapai Tribe and the mem20 bers of the Hualapai Tribe (but not members in 

21 the capacity of the members as allottees) as 

22 part of the performance of the obligations of 

23 the Hualapai Tribe under the Hualapai Tribe 

24 water rights settlement agreement and this Act, 

25 is authorized to execute a waiver and release of 


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52 

•S 4104 IS

1 all claims against the United States, including 

2 agencies, officials, and employees of the United 

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

4 all— 

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

6 water rights, including rights to Colorado 

7 River water, for Hualapai land, arising 

8 from time immemorial and, thereafter, for9 ever; 

10 (ii) past, present, and future claims 

11 for water rights, including rights to Colo12 rado River water, arising from time imme13 morial and, thereafter, forever, that are 

14 based on the aboriginal occupancy of land 

15 by the Hualapai Tribe, the predecessors of 

16 the Hualapai Tribe, the members of the 

17 Hualapai Tribe, or predecessors of the 

18 members of the Hualapai Tribe; 

19 (iii) past and present claims relating 

20 in any manner to damages, losses, or in21 jury to water rights (including injury to 

22 rights to Colorado River water), land, or 

23 other resources due to loss of water or 

24 water rights (including damages, losses, or 

25 injuries to hunting, fishing, gathering, or 


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53 

•S 4104 IS

1 cultural rights due to loss of water or 

2 water rights, claims relating to interference 

3 with, diversion, or taking of water, or 

4 claims relating to the failure to protect, ac5 quire, or develop water, water rights, or 

6 water infrastructure) within the State that 

7 first accrued at any time prior to the En8 forceability Date; 

9 (iv) past and present claims for injury 

10 to water rights, including injury to rights 

11 to Colorado River water, for Hualapai 

12 land, arising from time immemorial 

13 through the Enforceability Date; 

14 (v) past, present, and future claims 

15 for injury to water rights, including injury 

16 to rights to Colorado River water, arising 

17 from time immemorial and, thereafter, for18 ever, that are based on the aboriginal occu19 pancy of land by the Hualapai Tribe, the 

20 predecessors of the Hualapai Tribe, the 

21 members of the Hualapai Tribe, or prede22 cessors of the members of the Hualapai 

23 Tribe; 

24 (vi) claims for injury to water rights, 

25 including injury to rights to Colorado 


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54 

•S 4104 IS

1 River water, arising after the Enforce2 ability Date for Hualapai land, resulting 

3 from the off-reservation diversion or use of 

4 surface water, Colorado River water, or ef5 fluent in a manner not in violation of the 

6 Hualapai Tribe water rights settlement 

7 agreement or State law; 

8 (vii) past, present, and future claims 

9 arising out of, or relating in any manner 

10 to, the negotiation, execution, or adoption 

11 of the Hualapai Tribe water rights settle12 ment agreement, any judgment or decree 

13 approving or incorporating the Hualapai 

14 Tribe water rights settlement agreement, 

15 or this Act; 

16 (viii) claims for injury to water rights 

17 arising after the Enforceability Date for 

18 Hualapai land resulting from the off-Res19 ervation diversion or use of groundwater 

20 from— 

21 (I) any well constructed on public 

22 domain land outside of the Truxton 

23 Basin on or before the date of enact24 ment of this Act; 


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•S 4104 IS

1 (II) any well constructed on pub2 lic domain land outside of the Truxton 

3 Basin, and not more than 2 miles 

4 from the exterior boundaries of the 

5 Hualapai Reservation, after the date 

6 of enactment of this Act if— 

7 (aa) the well was con8 structed to replace a well in ex9 istence on the date of enactment 

10 of this Act; 

11 (bb) the replacement well 

12 was constructed within 660 feet 

13 of the well being replaced; and 

14 (cc) the pumping capacity 

15 and case diameter of the replace16 ment well do not exceed the 

17 pumping capacity and case di18 ameter of the well being replaced; 

19 or 

20 (III) any well constructed on 

21 public domain land outside of the 

22 Truxton Basin, and not less than 2 

23 miles from the exterior boundaries of 

24 the Hualapai Reservation, after the 

25 date of enactment of this Act, subject 


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56 

•S 4104 IS

1 to the condition that the authoriza2 tions and restrictions regarding the lo3 cation, size, and operation of wells in 

4 the Bill Williams River watershed set 

5 forth in the Bill Williams agreements 

6 and the Bill Williams Act, and the 

7 waivers of claims in the Bill Williams 

8 agreements and the Bill Williams Act, 

9 shall continue to apply to the parties 

10 to the Bill Williams agreements, not11 withstanding the provisions of this 

12 subsection; and 

13 (ix) claims for injury to water rights 

14 arising after the Enforceability Date for 

15 Hualapai land resulting from the off-res16 ervation diversion or use of groundwater in 

17 the Truxton Basin from— 

18 (I) any well constructed on public 

19 domain land within the Truxton Basin 

20 for domestic purposes or stock water21 ing— 

22 (aa) on or before the date on 

23 which the Secretary provides 

24 written notice to the State pursu25 ant to section 15(c)(2); or 


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•S 4104 IS

1 (bb) after the date on which 

2 the Secretary provides written 

3 notice to the State pursuant to 

4 that section if— 

5 (AA) the well was con6 structed to replace a well in 

7 existence on the date on 

8 which the notice was pro9 vided; 

10 (BB) the replacement 

11 well was constructed within 

12 660 feet of the well being re13 placed; and 

14 (CC) the pumping ca15 pacity and case diameter of 

16 the replacement well do not 

17 exceed the pumping capacity 

18 and case diameter of the 

19 well being replaced; and 

20 (II) any well constructed on pub21 lic domain land within the Truxton 

22 Basin for purposes other than domes23 tic purposes or stock watering— 

24 (aa) on or before the date of 

25 enactment of this Act; 


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58 

•S 4104 IS

1 (bb) after the date of enact2 ment of this Act if the Secretary 

3 has not provided written notice to 

4 the State pursuant to section 

5 15(c)(2); or 

6 (cc) after the date of enact7 ment of this Act if the Secretary 

8 has provided written notice to the 

9 State pursuant to section 

10 15(c)(2) and if— 

11 (AA) the well was con12 structed to replace a well in 

13 existence on the date on 

14 which the notice was pro15 vided; 

16 (BB) the replacement 

17 well was constructed within 

18 660 feet of the well being re19 placed; and 

20 (CC) the pumping ca21 pacity and case diameter of 

22 the replacement well do not 

23 exceed the pumping capacity 

24 and case diameter of the 

25 well being replaced. 


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•S 4104 IS

1 (B) EFFECTIVE DATE.—The waiver and 

2 release of claims described in subparagraph (A) 

3 shall take effect on the Enforceability Date. 

4 (C) RETENTION OF CLAIMS.—Notwith5 standing the waiver and release of claims de6 scribed in subparagraph (A), the Hualapai 

7 Tribe and the members of the Hualapai Tribe 

8 (but not members in the capacity of the mem9 bers as allottees) shall retain any right— 

10 (i) subject to subparagraph 12.7 of 

11 the Hualapai Tribe water rights settlement 

12 agreement, to assert claims for injuries to, 

13 and seek enforcement of, the rights of the 

14 Hualapai Tribe under the Hualapai Tribe 

15 water rights settlement agreement or this 

16 Act in any Federal or State court of com17 petent jurisdiction; 

18 (ii) to assert claims for injuries to, 

19 and seek enforcement of, the rights of the 

20 Hualapai Tribe under any judgment or de21 cree approving or incorporating the 

22 Hualapai Tribe water rights settlement 

23 agreement; 

24 (iii) to assert claims for water rights 

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•S 4104 IS

1 quired by the Hualapai Tribe in fee under 

2 subparagraph 4.8 of the Hualapai Tribe 

3 water rights settlement agreement; 

4 (iv) to object to any claims for water 

5 rights or injury to water rights by or for 

6 any Indian Tribe or the United States, act7 ing on behalf of any Indian Tribe; 

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

9 claims for injury to water rights against 

10 any Indian Tribe or the United States, act11 ing on behalf of any Indian Tribe; 

12 (vi) to assert claims for injuries to, 

13 and seek enforcement of, the rights of the 

14 Hualapai Tribe under the Bill Williams 

15 agreements or the Bill Williams Act in any 

16 Federal or State court of competent juris17 diction; 

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

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

20 rights of the Hualapai Tribe under any 

21 Colorado River water entitlement pur22 chased by or donated to the Hualapai 

23 Tribe; and 

24 (viii) to assert any claims for injury to 

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•S 4104 IS

1 ability Date for Hualapai land resulting 

2 from any off-reservation diversion or use of 

3 groundwater, without regard to quantity, 

4 from— 

5 (I) any well constructed after the 

6 date of enactment of this Act on pub7 lic domain land outside of the Truxton 

8 Basin and not more than 2 miles from 

9 the exterior boundaries of the 

10 Hualapai Reservation, except for a re11 placement well described in subpara12 graph (A)(viii)(II), subject to the au13 thorizations and restrictions regarding 

14 the location, size, and operation of 

15 wells in the Bill Williams River water16 shed, and the waivers of claims, set 

17 forth in the Bill Williams agreements 

18 and the Bill Williams Act; 

19 (II) any well constructed on pub20 lic domain land within the Truxton 

21 Basin for domestic purposes or stock 

22 watering after the date on which the 

23 Secretary has provided written notice 

24 to the State pursuant to section 

25 15(c)(2), except for a replacement 


kjohnson on DSK79L0C42PROD with BILLS
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•S 4104 IS

1 well described in subparagraph 

2 (A)(ix)(I)(bb); and 

3 (III) any well constructed on 

4 public domain land within the 

5 Truxton Basin for purposes other 

6 than domestic purposes or stock wa7 tering after the date of enactment of 

8 this Act, if the Secretary has provided 

9 notice to the State pursuant to section 

10 15(c)(2), except for a replacement 

11 well as described in subparagraph 

12 (A)(ix)(II)(cc). 

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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•S 4104 IS

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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•S 4104 IS

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 paragraph (1) shall take effect on 

18 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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•S 4104 IS

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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•S 4104 IS

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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•S 4104 IS

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 under paragraph (1) shall take effect on 

17 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 that paragraph, including any right to as23 sert a claim for injury to, and seek enforcement of, 

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•S 4104 IS

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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•S 4104 IS

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 Bill Williams River 

7 Phase 2 Enforceability Date resulting 

8 from— 

9 (I) the diversion or use of water 

10 by Freeport pursuant to the water 

11 rights described in Exhibit 4.1(ii) to 

12 the Bill Williams River phase 2 water 

13 rights settlement agreement in a man14 ner not in violation of the Bill Wil15 liams River phase 2 water rights set16 tlement agreement; 

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

18 AFY of water by Freeport from Syca19 more Creek as permitted by section 

20 4.3(iv) of the Bill Williams River 

21 phase 2 water rights settlement agree22 ment; and 

23 (III) any other diversion or use 

24 of water by Freeport authorized by 

25 the Bill Williams River phase 2 water 


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•S 4104 IS

1 rights settlement agreement, subject 

2 to the condition that such a diversion 

3 and use of water is conducted in a 

4 manner not in violation of the Bill 

5 Williams River phase 2 water rights 

6 settlement agreement; and 

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

8 arising out of, or relating in any manner 

9 to, the negotiation or execution of the Bill 

10 Williams River phase 2 water rights settle11 ment agreement, the Hualapai Tribe water 

12 rights settlement agreement, or this Act. 

13 (B) EFFECTIVE DATE.—The waiver and 

14 release of claims under subparagraph (A) shall 

15 take effect on the Bill Williams River Phase 2 

16 Enforceability Date. 

17 (C) RETENTION OF CLAIMS.—The United 

18 States shall retain all rights not expressly 

19 waived in the waiver and release of claims 

20 under subparagraph (A), including, subject to 

21 section 6.4 of the Bill Williams River phase 2 

22 water rights settlement agreement, the right to 

23 assert a claim for injury to, and seek enforce24 ment of, the Bill Williams River phase 2 water 

25 rights settlement agreement or this Act, in any 


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•S 4104 IS

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; and 


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•S 4104 IS

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. 10. SATISFACTION OF WATER RIGHTS AND OTHER 

15 BENEFITS. 

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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•S 4104 IS

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 (but not members in the capacity of 

12 the members as allottees), for Hualapai land shall be 

13 satisfied out of the water resources and other bene14 fits granted, confirmed, quantified, or recognized by 

15 the Hualapai Tribe water rights settlement agree16 ment, this Act, the Bill Williams agreements, and 

17 the Bill Williams Act to or for the Hualapai Tribe, 

18 the members of the Hualapai Tribe (but not mem19 bers in the capacity of the members as allottees), 

20 and the United States, acting in the capacity of the 

21 United States as trustee for the Hualapai Tribe and 

22 the members of the Hualapai Tribe (but not mem23 bers in the capacity of the members as allottees). 

24 (b) ALLOTTEE WATER CLAIMS.— 


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•S 4104 IS

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

2 allottees of the Hualapai Tribe under the Hualapai 

3 Tribe water rights settlement agreement, this Act, 

4 the Bill Williams agreements, and the Bill Williams 

5 Act shall be in complete replacement of and substi6 tution for, and full satisfaction of, all claims with re7 spect to allotments of the allottees and the United 

8 States, acting in the capacity of the United States 

9 as trustee for the allottees, for water rights and in10 jury to water rights under Federal, State, or other 

11 law. 

12 (2) SATISFACTION.—Any entitlement to water 

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

14 capacity of the United States as trustee for the 

15 allottees, for allotments shall be satisfied out of the 

16 water resources and other benefits granted, con17 firmed, or recognized by the Hualapai Tribe water 

18 rights settlement agreement, this Act, the Bill Wil19 liams agreements, and the Bill Williams Act to or 

20 for the allottees and the United States, acting as 

21 trustee for the allottees. 

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

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

24 settlement agreement— 


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1 (1) recognizes or establishes any right of a 

2 member of the Hualapai Tribe or an allottee to 

3 water on Hualapai land; or 

4 (2) prohibits the Hualapai Tribe or an allottee 

5 from acquiring additional water rights by purchase 

6 of land, credits, or water rights. 

7 SEC. 11. LAND ADDED TO HUALAPAI RESERVATION. 

8 The following land in the State is added to the 

9 Hualapai Reservation: 

10 (1) PUBLIC LAW 93–560.—The land held in 

11 trust by the United States for the Hualapai Tribe 

12 pursuant to the first section of Public Law 93–560 

13 (88 Stat. 1820). 

14 (2) 1947 JUDGMENT.—The land deeded to the 

15 United States in the capacity of the United States 

16 as trustee for the Hualapai Tribe pursuant to the 

17 1947 judgment. 

18 (3) TRUXTON TRIANGLE.—That portion of the 

S1 19 ⁄2 sec. 3, lying south of the south boundary of the 

20 Hualapai Reservation and north of the north right21 of-way boundary of Arizona Highway 66, and 

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

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

24 12 W., Gila and Salt River Base and Meridian, Mo25 have County, Arizona. 


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(4) HUNT PARCEL 4.—SW1⁄4NE1 1 ⁄4 sec. 7, T. 

2 25 N., R. 13 W., Gila and Salt River Base and Me3 ridian, Mohave County, Arizona. 

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

5 14 W., Gila and Salt River Base and Meridian, Mo6 have County, Arizona— 

(A) NE1⁄4SW1 7 ⁄4 sec. 9; and 

(B) NW1⁄4SE1 8 ⁄4 sec. 27. 

(6) HUNT PARCEL 3.—SW1⁄4NE1 9 ⁄4 sec. 25, T. 

10 27 N., R. 15 W., Gila and Salt River Base and Me11 ridian, Mohave County, Arizona. 

12 (7) HUNT PARCEL 5.—In sec. 1, T. 25 N., R. 

13 14 W., Gila and Salt River Base and Meridian, Mo14 have County, Arizona— 

(A) SE1 15 ⁄4; 

(B) E1⁄2SW1 16 ⁄4; and 

(C) SW1⁄4SW1 17 ⁄4. 

18 (8) VALENTINE CEMETERY PARCEL.— 

W1⁄2W1⁄4SW1 19 ⁄4 sec. 22, T. 23 N., R. 13 W., Gila 

20 and Salt River Base and Meridian, Mohave County, 

21 Arizona, excepting and reserving to the United 

22 States a right-of-way for ditches or canals con23 structed by the authority of the United States, pur24 suant to the Act of August 30, 1890 (43 U.S.C. 

25 945). 


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1 SEC. 12. TRUST LAND. 

2 (a) LAND TO BE TAKEN INTO TRUST.— 

3 (1) IN GENERAL.—On the date of enactment of 

4 this Act, the Secretary is authorized and directed to 

5 take legal title to the land described in paragraph 

6 (2) and hold such land in trust for the benefit of the 

7 Hualapai Tribe. 

8 (2) CHOLLA CANYON RANCH PARCELS.—The 

9 land referred to in paragraph (1) is, in T. 16 N., R. 

10 13 W., Gila and Salt River Base and Meridian, Mo11 have County, Arizona— 

(A) SW1 12 ⁄4 sec. 25; and 

(B) NE1⁄4 and NE1⁄4 SE1 13 ⁄4 sec. 35. 

14 (b) RESERVATION STATUS.—The land taken into 

15 trust under subsection (a) shall be part of the Hualapai 

16 Reservation and administered in accordance with the laws 

17 and regulations generally applicable to land held in trust 

18 by the United States for an Indian Tribe. 

19 (c) VALID EXISTING RIGHTS.—The land taken into 

20 trust under subsection (a) shall be subject to valid existing 

21 rights, including easements, rights-of-way, contracts, and 

22 management agreements. 

23 (d) LIMITATIONS.—Nothing in subsection (a) af24 fects— 


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1 (1) any water right of the Hualapai Tribe in ex2 istence under State law before the date of enactment 

3 of this Act; or 

4 (2) any right or claim of the Hualapai Tribe to 

5 any land or interest in land in existence before the 

6 date of enactment of this Act. 

7 (e) FUTURE TRUST LAND.— 

8 (1) NEW STATUTORY REQUIREMENT.—Effective 

9 beginning on the date of enactment of this Act, and 

10 except as provided in subsection (a), any land lo11 cated in the State outside the exterior boundaries of 

12 the Hualapai Reservation may only be taken into 

13 trust by the United States for the benefit of the 

14 Hualapai Tribe by an Act of Congress— 

15 (A) that specifically authorizes the transfer 

16 of the land for the benefit of the Hualapai 

17 Tribe; and 

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

19 the date of enactment of this Act. 

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

21 for the benefit of the Hualapai Tribe under para22 graph (1)— 

23 (A) shall include water rights only under 

24 State law; and 


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1 (B) shall not include any federally reserved 

2 water rights. 

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

4 FIRMING; WATER DELIVERY CONTRACT; COL5 ORADO RIVER ACCOUNTING. 

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

7 the Enforceability Date, the Secretary shall reallocate to 

8 the Hualapai Tribe the Hualapai Tribe CAP water. 

9 (b) FIRMING.— 

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

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

12 CAP water shall be firmed as follows: 

13 (A) In accordance with section 

14 105(b)(1)(B) of the Central Arizona Project 

15 Settlement Act of 2004 (Public Law 108–451; 

16 118 Stat. 3492), for the 100-year period begin17 ning on January 1, 2008, the Secretary shall 

18 firm 557.50 AFY of the Hualapai Tribe CAP 

19 water to the equivalent of CAP M&I priority 

20 water. 

21 (B) In accordance with section 

22 105(b)(2)(B) of the Central Arizona Project 

23 Settlement Act of 2004 (Public Law 108–451; 

24 118 Stat. 3492), for the 100-year period begin25 ning on January 1, 2008, the State shall firm 


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•S 4104 IS

1 557.50 AFY of the Hualapai Tribe CAP water 

2 to the equivalent of CAP M&I priority water. 

3 (2) ADDITIONAL FIRMING.—The Hualapai 

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

5 take additional actions to firm or supplement the 

6 Hualapai Tribe CAP water, including by entering 

7 into agreements for that purpose with the Central 

8 Arizona Water Conservation District, the Arizona 

9 Water Banking Authority, or any other lawful au10 thority, in accordance with State law. 

11 (c) HUALAPAI TRIBE WATER DELIVERY CON12 TRACT.— 

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

14 Hualapai Tribe water rights settlement agreement 

15 and the requirements described in paragraph (2), 

16 the Secretary shall enter into the Hualapai Tribe 

17 water delivery contract. 

18 (2) REQUIREMENTS.—The requirements re19 ferred to in paragraph (1) are the following: 

20 (A) IN GENERAL.—The Hualapai Tribe 

21 water delivery contract shall— 

22 (i) be for permanent service (as that 

23 term is used in section 5 of the Boulder 

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


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1 (ii) take effect on the Enforceability 

2 Date; and 

3 (iii) be without limit as to term. 

4 (B) HUALAPAI TRIBE CAP WATER.— 

5 (i) IN GENERAL.—The Hualapai 

6 Tribe CAP water may be delivered for use 

7 in the lower basin in the State through— 

8 (I) the Hualapai Water Project; 

9 or 

10 (II) the CAP system. 

11 (ii) METHOD OF DELIVERY.—The 

12 Secretary shall authorize the delivery of 

13 Hualapai Tribe CAP water under this sub14 paragraph to be effected by the diversion 

15 and use of water directly from the Colo16 rado River in the State. 

17 (C) CONTRACTUAL DELIVERY.—The Sec18 retary shall deliver the Hualapai Tribe CAP 

19 water to the Hualapai Tribe in accordance with 

20 the terms and conditions of the Hualapai Tribe 

21 water delivery contract. 

22 (D) DISTRIBUTION OF CAP NIA PRIORITY

23 WATER.— 

24 (i) IN GENERAL.—Except as provided 

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


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1 CAP supply is insufficient to meet all de2 mands under CAP contracts and CAP sub3 contracts for the delivery of CAP NIA pri4 ority water, the Secretary and the CAP op5 erating agency shall prorate the available 

6 CAP NIA priority water among the CAP 

7 contractors and CAP subcontractors hold8 ing contractual entitlements to CAP NIA 

9 priority water on the basis of the quantity 

10 of CAP NIA priority water used by each 

11 such CAP contractor and CAP subcon12 tractor in the last year in which the avail13 able CAP supply was sufficient to fill all 

14 orders for CAP NIA priority water. 

15 (ii) EXCEPTION.— 

16 (I) IN GENERAL.—Notwith17 standing clause (i), if the available 

18 CAP supply is insufficient to meet all 

19 demands under CAP contracts and 

20 CAP subcontracts for the delivery of 

21 CAP NIA priority water in the year 

22 following the year in which the En23 forceability Date occurs, the Secretary 

24 shall assume that the Hualapai Tribe 

25 used the full volume of Hualapai 


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•S 4104 IS

1 Tribe CAP water in the last year in 

2 which the available CAP supply was 

3 sufficient to fill all orders for CAP 

4 NIA priority water. 

5 (II) CONTINUATION.—The as6 sumption described in subclause (I) 

7 shall continue until the available CAP 

8 supply is sufficient to meet all de9 mands under CAP contracts and CAP 

10 subcontracts for the delivery of CAP 

11 NIA priority water. 

12 (III) DETERMINATION.—The 

13 Secretary shall determine the quantity 

14 of CAP NIA priority water used by 

15 the Gila River Indian Community and 

16 the Tohono O’odham Nation in the 

17 last year in which the available CAP 

18 supply was sufficient to fill all orders 

19 for CAP NIA priority water in a man20 ner consistent with the settlement 

21 agreements with those Tribes. 

22 (E) LEASES AND EXCHANGES OF

23 HUALAPAI TRIBE CAP WATER.—On and after 

24 the date on which the Hualapai Tribe water de25 livery contract becomes effective, the Hualapai 


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•S 4104 IS

1 Tribe may, with the approval of the Secretary, 

2 enter into contracts or options to lease, or con3 tracts or options to exchange, the Hualapai 

4 Tribe CAP water within the lower basin in the 

5 State, providing for the temporary delivery to 

6 other persons of any portion of Hualapai Tribe 

7 CAP water. 

8 (F) TERM OF LEASES AND EXCHANGES.— 

9 (i) LEASING.—Contracts or options to 

10 lease under subparagraph (E) shall be for 

11 a term of not more than 100 years. 

12 (ii) EXCHANGING.—Contracts or op13 tions to exchange under subparagraph (E) 

14 shall be for the term provided for in the 

15 contract or option, as applicable. 

16 (iii) RENEGOTIATION.—The Hualapai 

17 Tribe may, with the approval of the Sec18 retary, renegotiate any lease described in 

19 subparagraph (E), at any time during the 

20 term of the lease, if the term of the re21 negotiated lease does not exceed 100 years. 

22 (G) PROHIBITION ON PERMANENT ALIEN23 ATION.—No Hualapai Tribe CAP water may be 

24 permanently alienated. 


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1 (H) NO FIRMING OF LEASED WATER.— 

2 The firming obligations described in subsection 

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

4 CAP water leased by the Hualapai Tribe to an5 other person. 

6 (I) ENTITLEMENT TO LEASE AND EX7 CHANGE FUNDS; OBLIGATIONS OF UNITED

8 STATES.— 

9 (i) ENTITLEMENT.— 

10 (I) IN GENERAL.—The Hualapai 

11 Tribe shall be entitled to all consider12 ation due to the Hualapai Tribe under 

13 any contract to lease, option to lease, 

14 contract to exchange, or option to ex15 change the Hualapai Tribe CAP water 

16 entered into by the Hualapai Tribe. 

17 (II) EXCLUSION.—The United 

18 States shall not, in any capacity, be 

19 entitled to the consideration described 

20 in subclause (I). 

21 (ii) OBLIGATIONS OF UNITED

22 STATES.—The United States shall not, in 

23 any capacity, have any trust or other obli24 gation to monitor, administer, or account 

25 for, in any manner, any funds received by 


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•S 4104 IS

1 the Hualapai Tribe as consideration under 

2 any contract to lease, option to lease, con3 tract to exchange, or option to exchange 

4 the Hualapai Tribe CAP water entered 

5 into by the Hualapai Tribe, except in a 

6 case in which the Hualapai Tribe deposits 

7 the proceeds of any lease, option to lease, 

8 contract to exchange, or option to ex9 change into an account held in trust for 

10 the Hualapai Tribe by the United States. 

11 (J) WATER USE AND STORAGE.— 

12 (i) IN GENERAL.—The Hualapai 

13 Tribe may use the Hualapai Tribe CAP 

14 water on or off the Hualapai Reservation 

15 within the lower basin in the State for any 

16 purpose. 

17 (ii) STORAGE.—The Hualapai Tribe, 

18 in accordance with State law, may store 

19 the Hualapai Tribe CAP water at 1 or 

20 more underground storage facilities or 

21 groundwater savings facilities, subject to 

22 the condition that, if the Hualapai Tribe 

23 stores Hualapai Tribe CAP water that has 

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

25 the stored water may only be— 


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•S 4104 IS

1 (I) used by the Hualapai Tribe; 

2 or 

3 (II) exchanged by the Hualapai 

4 Tribe for water that will be used by 

5 the Hualapai Tribe. 

6 (iii) ASSIGNMENT.—The Hualapai 

7 Tribe, in accordance with State law, may 

8 assign any long-term storage credit ac9 crued as a result of storage described in 

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

11 Hualapai Tribe shall not assign any long12 term storage credit accrued as a result of 

13 the storage of Hualapai Tribe CAP water 

14 that has been firmed pursuant to sub15 section (b)(1). 

16 (K) USE OUTSIDE STATE.—The Hualapai 

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

18 otherwise transfer any Hualapai Tribe CAP 

19 water for use directly or indirectly outside of 

20 the lower basin in the State. 

21 (L) CAP FIXED OM&R CHARGES.— 

22 (i) IN GENERAL.—The CAP operating 

23 agency shall be paid the CAP fixed OM&R 

24 charges associated with the delivery of all 

25 Hualapai Tribe CAP water. 


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1 (ii) PAYMENT OF CHARGES.—Except 

2 as provided in subparagraph (O), all CAP 

3 fixed OM&R charges associated with the 

4 delivery of the Hualapai Tribe CAP water 

5 to the Hualapai Tribe shall be paid by— 

6 (I) the Secretary, pursuant to 

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

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

9 1543(f)(2)(A)), subject to the condi10 tion that funds for that payment are 

11 available in the Lower Colorado River 

12 Basin Development Fund; and 

13 (II) if the funds described in sub14 clause (I) become unavailable, the 

15 Hualapai Tribe. 

16 (M) CAP PUMPING ENERGY CHARGES.— 

17 (i) IN GENERAL.—The CAP operating 

18 agency shall be paid the CAP pumping en19 ergy charges associated with the delivery of 

20 Hualapai Tribe CAP water only in cases in 

21 which the CAP system is used for the de22 livery of that water. 

23 (ii) PAYMENT OF CHARGES.—Except 

24 for CAP water not delivered through the 

25 CAP system, which does not incur a CAP 


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•S 4104 IS

1 pumping energy charge, or water delivered 

2 to other persons as described in subpara3 graph (O), any applicable CAP pumping 

4 energy charges associated with the delivery 

5 of the Hualapai Tribe CAP water shall be 

6 paid by the Hualapai Tribe. 

7 (N) WAIVER OF PROPERTY TAX EQUIVA8 LENCY PAYMENTS.—No property tax or in-lieu 

9 property tax equivalency shall be due or payable 

10 by the Hualapai Tribe for the delivery of CAP 

11 water or for the storage of CAP water in an un12 derground storage facility or groundwater sav13 ings facility. 

14 (O) LESSEE RESPONSIBILITY FOR

15 CHARGES.— 

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

17 to lease providing for the temporary deliv18 ery to other persons of any Hualapai Tribe 

19 CAP water shall require the lessee to pay 

20 the CAP operating agency all CAP fixed 

21 OM&R charges and all CAP pumping en22 ergy charges associated with the delivery of 

23 the leased water. 

24 (ii) NO RESPONSIBILITY FOR PAY25 MENT.—Neither the Hualapai Tribe nor 


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•S 4104 IS

1 the United States in any capacity shall be 

2 responsible for the payment of any charges 

3 associated with the delivery of the 

4 Hualapai Tribe CAP water leased to other 

5 persons. 

6 (P) ADVANCE PAYMENT.—No Hualapai 

7 Tribe CAP water shall be delivered unless the 

8 CAP fixed OM&R charges and any applicable 

9 CAP pumping energy charges associated with 

10 the delivery of that water have been paid in ad11 vance. 

12 (Q) CALCULATION.—The charges for deliv13 ery of the Hualapai Tribe CAP water pursuant 

14 to the Hualapai Tribe water delivery contract 

15 shall be calculated in accordance with the CAP 

16 repayment stipulation. 

17 (R) CAP REPAYMENT.—For purposes of 

18 determining the allocation and repayment of 

19 costs of any stages of the CAP system con20 structed after November 21, 2007, the costs as21 sociated with the delivery of the Hualapai Tribe 

22 CAP water, regardless of whether the Hualapai 

23 Tribe CAP water is delivered for use by the 

24 Hualapai Tribe or in accordance with any lease, 

25 option to lease, exchange, or option to exchange 


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•S 4104 IS

1 providing for the delivery to other persons of 

2 the Hualapai Tribe CAP water, shall be— 

3 (i) nonreimbursable; and 

4 (ii) excluded from the repayment obli5 gation of the Central Arizona Water Con6 servation District. 

7 (S) NONREIMBURSABLE CAP CONSTRUC8 TION COSTS.— 

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

10 costs associated with the construction of 

11 the CAP system allocable to the Hualapai 

12 Tribe— 

13 (I) the costs shall be nonreim14 bursable; and 

15 (II) the Hualapai Tribe shall 

16 have no repayment obligation for the 

17 costs. 

18 (ii) CAPITAL CHARGES.—No CAP 

19 water service capital charges shall be due 

20 or payable for the Hualapai Tribe CAP 

21 water, regardless of whether the Hualapai 

22 Tribe CAP water is delivered— 

23 (I) for use by the Hualapai 

24 Tribe; or 


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1 (II) under any lease, option to 

2 lease, exchange, or option to exchange 

3 entered into by the Hualapai Tribe. 

4 (d) COLORADO RIVER ACCOUNTING.—All Hualapai 

5 Tribe CAP water diverted directly from the Colorado 

6 River shall be accounted for as deliveries of CAP water 

7 within the State. 

8 SEC. 14. ENFORCEABILITY DATE. 

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

10 (d), the Hualapai Tribe water rights settlement agree11 ment, including the waivers and releases of claims de12 scribed in section 9, shall take effect and be fully enforce13 able on the date on which the Secretary publishes in the 

14 Federal Register a statement of findings that— 

15 (1) to the extent the Hualapai Tribe water 

16 rights settlement agreement conflicts with this Act— 

17 (A) the Hualapai Tribe water rights settle18 ment agreement has been revised through an 

19 amendment to eliminate the conflict; and 

20 (B) the revised Hualapai Tribe water 

21 rights settlement agreement, including any ex22 hibits requiring execution by any party to the 

23 Hualapai Tribe water rights settlement agree24 ment, has been executed by the required party; 


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•S 4104 IS

1 (2) the waivers and releases of claims described 

2 in section 9 have been executed by the Hualapai 

3 Tribe and the United States; 

4 (3) the abstracts referred to in subparagraphs 

5 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 

6 water rights settlement agreement have been com7 pleted by the Hualapai Tribe; 

8 (4) the full amount described in section 7(a)(1), 

9 as adjusted by section 7(b), has been deposited in 

10 the Hualapai Water Trust Fund Account; 

11 (5) the Gila River adjudication decree has been 

12 approved by the Gila River adjudication court sub13 stantially in the form of the judgment and decree at14 tached to the Hualapai Tribe water rights settlement 

15 agreement as Exhibit 3.1.43, as amended to ensure 

16 consistency with this Act; 

17 (6) the Secretary has executed the Hualapai 

18 Tribe water delivery contract described in section 

19 13(c); and 

20 (7) the Secretary has issued the record of deci21 sion required by section 8(d). 

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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•S 4104 IS

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

3 later date as may be agreed to by the Hualapai 

4 Tribe, the Secretary, and the State— 

5 (A) this Act is repealed; 

6 (B) any action taken by the Secretary and 

7 any contract or agreement entered into pursu8 ant to this Act shall be void; and 

9 (C) any amounts appropriated under sec10 tion 7, together with any investment earnings 

11 on those amounts, less any amounts expended 

12 under section 6(a)(4)(B), shall revert imme13 diately to the general fund of the Treasury. 

14 (2) SEVERABILITY.—Notwithstanding para15 graph (1), if the Secretary fails to publish in the 

16 Federal Register a statement of findings under sub17 section (a) by April 15, 2029, or such alternative 

18 later date as may be agreed to by the Hualapai 

19 Tribe, the Secretary, and the State, section 11 and 

20 subsections (a), (b), (c), and (d) of section 12 shall 

21 remain in effect. 

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

23 published in the Federal Register the statement of find24 ings under subsection (a) by April 15, 2029, or such alter25 native later date as may be agreed to by the Hualapai 


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•S 4104 IS

1 Tribe, the Secretary, and the State, the United States 

2 shall be entitled to offset any Federal amounts made avail3 able under section 6(a)(4)(B) that were used or authorized 

4 for any use under that section against any claim asserted 

5 by the Hualapai Tribe against the United States described 

6 in section 9(a)(2)(A). 

7 (d) BILL WILLIAMS RIVER PHASE 2 ENFORCE8 ABILITY DATE.—Notwithstanding any other provision of 

9 this Act, the Bill Williams River phase 2 water rights set10 tlement agreement (including the waivers and releases de11 scribed in section 9(d) of this Act and section 5 of the 

12 Bill Williams River phase 2 water rights settlement agree13 ment) shall take effect and become enforceable among the 

14 parties to the Bill Williams River phase 2 water rights 

15 settlement agreement on the date on which all of the fol16 lowing conditions have occurred: 

17 (1) The Hualapai Tribe water rights settlement 

18 agreement becomes enforceable pursuant to sub19 section (a). 

20 (2) Freeport has submitted to the Arizona De21 partment of Water Resources a conditional with22 drawal of any objection to the Bill Williams River 

23 watershed instream flow applications pursuant to 

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

25 water rights settlement agreement, which withdrawal 


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•S 4104 IS

1 shall take effect on the Bill Williams River Phase 2 

2 Enforceability Date described in this subsection. 

3 (3) Not later than the Enforceability Date, the 

4 Arizona Department of Water Resources has issued 

5 an appealable, conditional decision and order for the 

6 Bill Williams River watershed instream flow applica7 tions pursuant to section 4.4(iii) of the Bill Williams 

8 River phase 2 water rights settlement agreement, 

9 which order shall become nonconditional and effec10 tive on the Bill Williams River Phase 2 Enforce11 ability Date described in this subsection. 

12 (4) The conditional decision and order de13 scribed in paragraph (3)— 

14 (A) becomes final; and 

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

16 SEC. 15. ADMINISTRATION. 

17 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

18 (1) WAIVER.— 

19 (A) IN GENERAL.—In any circumstance 

20 described in paragraph (2)— 

21 (i) the United States or the Hualapai 

22 Tribe may be joined in the action described 

23 in the applicable subparagraph of that 

24 paragraph; and 


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•S 4104 IS

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

2 claim by the United States or the Hualapai 

3 Tribe to sovereign immunity from the ac4 tion is waived. 

5 (B) LIMITATION.—A waiver under sub6 paragraph (A)(ii)— 

7 (i) shall only be for the limited and 

8 sole purpose of the interpretation or en9 forcement of— 

10 (I) this Act; 

11 (II) the Hualapai Tribe water 

12 rights settlement agreement, as rati13 fied by this Act; or 

14 (III) the Bill Williams River 

15 phase 2 water right settlement agree16 ment, as ratified by this Act; and 

17 (ii) shall not include any award 

18 against the United States or the Hualapai 

19 Tribe for money damages, court costs, or 

20 attorney fees. 

21 (2) CIRCUMSTANCES DESCRIBED.—A cir22 cumstance referred to in paragraph (1)(A) is any of 

23 the following: 

24 (A) Any party to the Hualapai Tribe water 

25 rights settlement agreement— 


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•S 4104 IS

1 (i) brings an action in any court of 

2 competent jurisdiction relating only and di3 rectly to the interpretation or enforcement 

4 of— 

5 (I) this Act; or 

6 (II) the Hualapai Tribe water 

7 rights settlement agreement; and 

8 (ii) names the United States or the 

9 Hualapai Tribe as a party in that action. 

10 (B) Any landowner or water user in the 

11 Verde River Watershed— 

12 (i) brings an action in any court of 

13 competent jurisdiction relating only and di14 rectly to the interpretation or enforcement 

15 of— 

16 (I) paragraph 10.0 of the 

17 Hualapai Tribe water rights settle18 ment agreement; 

19 (II) Exhibit 3.1.43 to the 

20 Hualapai Tribe water rights settle21 ment agreement; or 

22 (III) section 9; and 

23 (ii) names the United States or the 

24 Hualapai Tribe as a party in that action. 


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1 (C) Any party to the Bill Williams River 

2 phase 2 settlement agreement— 

3 (i) brings an action in any court of 

4 competent jurisdiction relating only and di5 rectly to the interpretation or enforcement 

6 of— 

7 (I) this Act; or 

8 (II) the Bill Williams River phase 

9 2 settlement agreement; and 

10 (ii) names the United States or the 

11 Hualapai Tribe as a party in that action. 

12 (b) EFFECT ON CURRENT LAW.—Nothing in this 

13 section alters the law with respect to pre-enforcement re14 view of Federal environmental or safety-related enforce15 ment actions. 

16 (c) BASIN GROUNDWATER WITHDRAWAL ESTI17 MATES.— 

18 (1) GROUNDWATER WITHDRAWAL ESTI19 MATES.— 

20 (A) IN GENERAL.—Not later than 1 year 

21 of the date of enactment of this Act, the Sec22 retary, acting through the United States Geo23 logical Survey Water Use Program, shall issue 

24 an estimate for groundwater withdrawals in the 


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1 Truxton Basin outside the boundaries of the 

2 Hualapai Reservation. 

3 (B) ANNUAL ESTIMATES.—Each year after 

4 publication of the initial estimate required by 

5 subparagraph (A), the Secretary, acting 

6 through the United States Geological Survey 

7 Water Use Program, shall issue an estimate for 

8 groundwater withdrawals in the Truxton Basin 

9 outside the boundaries of the Hualapai Res10 ervation until such time as the Secretary, after 

11 consultation with the Hualapai Tribe, deter12 mines that annual estimates are not warranted. 

13 (2) NOTICE TO THE STATE.—Based on the esti14 mates under paragraph (1), the Secretary shall no15 tify the State, in writing, if the total withdrawal of 

16 groundwater from the Truxton Basin outside the 

17 boundaries of the Hualapai Reservation exceeds the 

18 estimate prepared pursuant to that paragraph by 

19 3,000 or more AFY, exclusive of any diversion or 

20 use of groundwater on Hualapai fee land and any 

21 land acquired by the Hualapai Tribe, including by a 

22 tribally owned corporation, in fee after the Enforce23 ability Date. 

24 (d) ANTIDEFICIENCY.—Notwithstanding any author25 ization of appropriations to carry out this Act, the United 


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

2 States to carry out any obligation or activity authorized 

3 by this Act (including all agreements or exhibits ratified 

4 or confirmed by this Act) if— 

5 (1) adequate appropriations are not provided 

6 expressly by Congress to carry out the purposes of 

7 this Act; or 

8 (2) there are not enough monies available to 

9 carry out this Act in the Lower Colorado River 

10 Basin Development Fund. 

11 (e) APPLICATION OF RECLAMATION REFORM ACT OF

12 1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 

13 390aa et seq.) and any other acreage limitation or full14 cost pricing provision of Federal law shall not apply to 

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

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

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

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

19 of CAP water. 

20 (f) EFFECT.— 

21 (1) NO MODIFICATION OR PREEMPTION OF

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

23 nothing in this Act modifies, conflicts with, pre24 empts, or otherwise affects— 


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1 (A) the Boulder Canyon Project Act (43 

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

3 (B) the Boulder Canyon Project Adjust4 ment Act (43 U.S.C. 618 et seq.); 

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

6 known as the ‘‘Colorado River Storage Project 

7 Act’’) (43 U.S.C. 620 et seq.); 

8 (D) the Colorado River Basin Project Act 

9 (Public Law 90–537; 82 Stat. 885); 

10 (E) the Treaty between the United States 

11 of America and Mexico respecting utilization of 

12 waters of the Colorado and Tijuana Rivers and 

13 of the Rio Grande, signed at Washington Feb14 ruary 3, 1944 (59 Stat. 1219); 

15 (F) the Colorado River Compact; 

16 (G) the Upper Colorado River Basin Com17 pact; 

18 (H) the Omnibus Public Land Manage19 ment Act of 2009 (Public Law 111–11; 123 

20 Stat. 991); or 

21 (I) case law concerning water rights in the 

22 Colorado River system other than any case to 

23 enforce the Hualapai Tribe water rights settle24 ment agreement or this Act. 


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1 (2) EFFECT ON AGREEMENTS.—Nothing in this 

2 Act or the Hualapai Tribe water rights settlement 

3 agreement limits the right of the Hualapai Tribe to 

4 enter into any agreement for the storage or banking 

5 of water in accordance with State law with— 

6 (A) the Arizona Water Banking Authority 

7 (or a successor agency or entity); or 

8 (B) any other lawful authority. 

9 (3) EFFECT OF ACT.—Nothing in this Act— 

10 (A) quantifies or otherwise affects the 

11 water rights, claims, or entitlements to water of 

12 any Indian Tribe other than the Hualapai 

13 Tribe; 

14 (B) affects the ability of the United States 

15 to take action on behalf of any Indian Tribe 

16 other than the Hualapai Tribe, the members of 

17 the Hualapai Tribe, and the allottees; or 

18 (C) limits the right of the Hualapai Tribe 

19 to use any water of the Hualapai Tribe in any 

20 location on the Hualapai Reservation. 

Æ 


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