S. 4104 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

Settlement Act of 2022’’. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

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

water in the State, including the Verde River, the Bill Williams 

River, and the Colorado River, of— 

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

Tribe and the members of the Hualapai Tribe; and 

(B) the United States, acting as trustee for the 

Hualapai Tribe, the members of the Hualapai Tribe, and 

the allottees; 

(2) to authorize, ratify, and confirm the Hualapai Tribe 

water rights settlement agreement, to the extent that agreement is consistent with this Act; 

(3) to authorize and direct the Secretary to execute and 

perform the duties and obligations of the Secretary under the 

Hualapai Tribe water rights settlement agreement and this 

Act; and 

(4) to authorize the appropriation of funds necessary to 

carry out the Hualapai Tribe water rights settlement agreement 

and this Act. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) 1947 JUDGMENT.—The term ‘‘1947 Judgment’’ means 

the Judgment and the Stipulation and Agreement, including 

exhibits to the Judgment and the Stipulation and Agreement, 

entered on March 13, 1947, in United States v. Santa Fe 

Pac. R.R. Co., No. E–190 (D. Ariz.) and attached to the Hualapai 

Tribe water rights settlement agreement as Exhibit 3.1.1. 

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

(3) ALLOTMENT.—The term ‘‘allotment’’ means any of the 

4 off-reservation parcels that are— 

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

Indians in the Big Sandy River basin in Mohave County, 
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Arizona, under the patents numbered 1039995, 1039996, 

1039997, and 1019494; and 

(B) identified as Parcels 1A, 1B, 1C, and 2 on the 

map attached to the Hualapai Tribe water rights settlement 

agreement as Exhibit 3.1.6. 

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

owner of an allotment. 

(5) AVAILABLE CAP SUPPLY.—The term ‘‘available CAP 

supply’’ means, for any year— 

(A) all fourth priority water available for delivery 

through the Central Arizona Project; 

(B) water available from Central Arizona Project dams 

and reservoirs other than the Modified Roosevelt Dam; 

and 

(C) return flows captured by the Secretary for Central 

Arizona Project use. 

(6) BILL WILLIAMS ACT.—The term ‘‘Bill Williams Act’’ 

means the Bill Williams River Water Rights Settlement Act 

of 2014 (Public Law 113–223; 128 Stat. 2096). 

(7) BILL WILLIAMS AGREEMENTS.—The term ‘‘Bill Williams 

agreements’’ means the Amended and Restated Big Sandy 

River-Planet Ranch Water Rights Settlement Agreement and 

the Amended and Restated Hualapai Tribe Bill Williams River 

Water Rights Settlement Agreement, including all exhibits to 

each agreement, copies of which (excluding exhibits) are 

attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.11. 

(8) BILL WILLIAMS RIVER PHASE 2 ENFORCEABILITY DATE.— 

The term ‘‘Bill Williams River Phase 2 Enforceability Date’’ 

means the date described in section 14(d). 

(9) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill Williams River phase 2 

water rights settlement agreement’’ means the agreement of 

that name that is attached to, and incorporated in, the Hualapai 

Tribe water rights settlement agreement as Exhibit 4.3.3. 

(10) CAP CONTRACT.—The term ‘‘CAP contract’’ means a 

long-term contract (as defined in the CAP repayment stipulation) with the United States for delivery of CAP water through 

the CAP system. 

(11) CAP CONTRACTOR.— 

(A) IN GENERAL.—The term ‘‘CAP contractor’’ means 

a person that has entered into a CAP contract. 

(B) INCLUSION.—The term ‘‘CAP contractor’’ includes 

the Hualapai Tribe. 

(12) CAP FIXED OM&R CHARGE.—The term ‘‘CAP fixed 

OM&R charge’’ has the meaning given the term ‘‘Fixed OM&R 

Charge’’ in the CAP repayment stipulation. 

(13) CAP M&I PRIORITY WATER.—The term ‘‘CAP M&I priority water’’ means water within the available CAP supply 

having a municipal and industrial delivery priority. 

(14) CAP NIA PRIORITY WATER.—The term ‘‘CAP NIA priority 

water’’ means water within the available CAP supply having 

a non-Indian agricultural delivery priority. 

(15) CAP OPERATING AGENCY.—The term ‘‘CAP operating 

agency’’ means— 
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(A) the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and 

(B) as of the date of enactment of this Act, the Central 

Arizona Water Conservation District. 

(16) CAP PUMPING ENERGY CHARGE.—The term ‘‘CAP 

pumping energy charge’’ has the meaning given the term 

‘‘Pumping Energy Charge’’ in the CAP repayment stipulation. 

(17) CAP REPAYMENT CONTRACT.—The term ‘‘CAP repayment contract’’ means— 

(A) the contract dated December 1, 1988 (Contract 

No. 14–06–W–245, Amendment No. 1), between the United 

States and the Central Arizona Water Conservation District for the Delivery of Water and Repayment of Costs 

of the Central Arizona Project; and 

(B) any amendment to, or revision of, that contract. 

(18) CAP REPAYMENT STIPULATION.—The term ‘‘CAP repayment stipulation’’ means the Stipulated Judgment and the 

Stipulation for Judgment, including any exhibits to those documents, entered on November 21, 2007, in the United States 

District Court for the District of Arizona in the consolidated 

civil action Central Arizona Water Conservation District v. 

United States, numbered CIV 95–625–TUC–WDB (EHC) and 

CIV 95–1720–PHX–EHC. 

(19) CAP SUBCONTRACT.—The term ‘‘CAP subcontract’’ 

means a long-term subcontract (as defined in the CAP repayment stipulation) with the United States and the Central 

Arizona Water Conservation District for the delivery of CAP 

water through the CAP system. 

(20) CAP SUBCONTRACTOR.—The term ‘‘CAP subcontractor’’ 

means a person that has entered into a CAP subcontract. 

(21) CAP SYSTEM.—The term ‘‘CAP system’’ means— 

(A) the Mark Wilmer Pumping Plant; 

(B) the Hayden-Rhodes Aqueduct; 

(C) the Fannin-McFarland Aqueduct; 

(D) the Tucson Aqueduct; 

(E) any pumping plant or appurtenant work of a feature described in subparagraph (A), (B), (C), or (D); and 

(F) any extension of, addition to, or replacement for 

a feature described in subparagraph (A), (B), (C), (D), or 

(E). 

(22) CAP WATER.—The term ‘‘CAP water’’ has the meaning 

given the term ‘‘Project Water’’ in the CAP repayment stipulation. 

(23) CENTRAL ARIZONA PROJECT.—The term ‘‘Central 

Arizona Project’’ means the reclamation project authorized and 

constructed by the United States in accordance with title III 

of the Colorado River Basin Project Act (43 U.S.C. 1521 et 

seq.). 

(24) CENTRAL ARIZONA WATER CONSERVATION DISTRICT.— 

The term ‘‘Central Arizona Water Conservation District’’ means 

the political subdivision of the State that is the contractor 

under the CAP repayment contract. 

(25) COLORADO RIVER COMPACT.—The term ‘‘Colorado River 

Compact’’ means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona 

Revised Statutes. 
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(26) COLORADO RIVER WATER ENTITLEMENT.—The term 

‘‘Colorado River water entitlement’’ means the right or 

authorization to use Colorado River water in the State through 

a mainstem contract with the Secretary pursuant to section 

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

(27) DIVERSION.—The term ‘‘diversion’’ means an act to 

divert. 

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

(A) a ditch, canal, flume, bypass, pipeline, pit, collection 

or infiltration gallery, conduit, well, pump, turnout, dam, 

or any other mechanical device; or 

(B) any other act of man. 

(29) DOMESTIC PURPOSE.— 

(A) IN GENERAL.—The term ‘‘domestic purpose’’ means 

any use relating to the supply, service, or activity of a 

household or private residence. 

(B) INCLUSIONS.—The term ‘‘domestic purpose’’ 

includes the application of water to not more than 2 acres 

of land to produce a plant or parts of a plant for— 

(i) sale or human consumption; or 

(ii) use as feed for livestock, range livestock, or 

poultry. 

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

(A) has been used in the State for domestic, municipal, 

or industrial purposes, other than solely for hydropower 

generation; and 

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

or whether the water has been treated to improve the 

quality of the water. 

(31) ENFORCEABILITY DATE.—The term ‘‘Enforceability 

Date’’ means the date described in section 14(a). 

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

between 1 or more persons of any water for any other water, 

if each person has a right or claim to use the water the 

person provides in the trade, regardless of whether the water 

is traded in equal quantities or other consideration is included 

in the trade. 

(33) FOURTH PRIORITY WATER.—The term ‘‘fourth priority 

water’’ means Colorado River water that is available for delivery 

in the State for the satisfaction of entitlements— 

(A) in accordance with contracts, Secretarial reservations, perfected rights, and other arrangements between 

the United States and water users in the State entered 

into or established after September 30, 1968, for use on 

Federal, State, or privately owned land in the State, in 

a total quantity of not greater than 164,652 AFY of diversions; and 

(B) after first providing for the delivery of Colorado 

River water for the CAP system, including for use on 

Indian land, under section 304(e) of the Colorado River 

Basin Project Act (43 U.S.C. 1524(e)), in accordance with 

the CAP repayment contract. 

(34) FREEPORT.— 

(A) IN GENERAL.—The term ‘‘Freeport’’ means the Delaware corporation named ‘‘Freeport Minerals Corporation’’. 
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(B) INCLUSIONS.—The term ‘‘Freeport’’ includes all 

subsidiaries, affiliates, successors, and assigns of Freeport 

Minerals Corporation, including Byner Cattle Company, 

a Nevada corporation. 

(35) GILA RIVER ADJUDICATION.—The term ‘‘Gila River adjudication’’ means the action pending in the Superior Court of 

the State, in and for the County of Maricopa, In Re the General 

Adjudication of All Rights To Use Water In The Gila River 

System and Source, W–1 (Salt), W–2 (Verde), W–3 (Upper 

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

(36) GILA RIVER ADJUDICATION COURT.—The term ‘‘Gila 

River adjudication court’’ means the Superior Court of the 

State, in and for the County of Maricopa, exercising jurisdiction 

over the Gila River adjudication. 

(37) GILA RIVER ADJUDICATION DECREE.—The term ‘‘Gila 

River adjudication decree’’ means the judgment or decree 

entered by the Gila River adjudication court in substantially 

the same form as the form of judgment attached to the Hualapai 

Tribe water rights settlement agreement as Exhibit 3.1.43. 

(38) GROUNDWATER.—The term ‘‘groundwater’’ means all 

water beneath the surface of the Earth within the State that 

is not— 

(A) surface water; 

(B) effluent; or 

(C) Colorado River water. 

(39) HUALAPAI FEE LAND.—The term ‘‘Hualapai fee land’’ 

means land, other than Hualapai trust land, that— 

(A) is located in the State; 

(B) is located outside the exterior boundaries of the 

Hualapai Reservation or Hualapai trust land; and 

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

Hualapai Tribe, including by a tribally owned corporation. 

(40) HUALAPAI LAND.—The term ‘‘Hualapai land’’ means— 

(A) the Hualapai Reservation; 

(B) Hualapai trust land; and 

(C) Hualapai fee land. 

(41) HUALAPAI RESERVATION.—The term ‘‘Hualapai Reservation’’ means the land within the exterior boundaries of 

the Hualapai Reservation, including— 

(A) all land withdrawn by the Executive order dated 

January 4, 1883, as modified by the May 28, 1942, order 

of the Secretary pursuant to the Act of February 20, 1925 

(43 Stat. 954, chapter 273); 

(B) the land identified by the Executive orders dated 

December 22, 1898, May 14, 1900, and June 2, 1911; and 

(C) the land added to the Hualapai Reservation by 

sections 11 and 12. 

(42) HUALAPAI TRIBE.—The term ‘‘Hualapai Tribe’’ means 

the Hualapai Tribe, a federally recognized Indian Tribe of 

Hualapai Indians organized under section 16 of the Act of 

June 18, 1934 (25 U.S.C. 5123) (commonly known as the ‘‘Indian 

Reorganization Act’’). 

(43) HUALAPAI TRIBE CAP WATER.—The term ‘‘Hualapai 

Tribe CAP water’’ means the 4,000 AFY of the CAP NIA priority 

water that— 

(A) was previously allocated to non-Indian agricultural 

entities; 
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(B) was retained by the Secretary for reallocation to 

Indian Tribes in the State pursuant to section 

104(a)(1)(A)(iii) of the Central Arizona Project Settlement 

Act of 2004 (Public Law 108–451; 118 Stat. 3487); and 

(C) is reallocated to the Hualapai Tribe pursuant to 

section 13. 

(44) HUALAPAI TRIBE WATER DELIVERY CONTRACT.—The 

term ‘‘Hualapai Tribe water delivery contract’’ means the contract entered into in accordance with the Hualapai Tribe water 

rights settlement agreement and section 13(c) for the delivery 

of Hualapai Tribe CAP water. 

(45) HUALAPAI TRIBE WATER RIGHTS SETTLEMENT AGREEMENT.— 

(A) IN GENERAL.—The term ‘‘Hualapai Tribe water 

rights settlement agreement’’ means the agreement, 

including exhibits, entitled ‘‘Hualapai Tribe Water Rights 

Settlement Agreement’’ and dated February 11, 2019. 

(B) INCLUSIONS.—The term ‘‘Hualapai Tribe water 

rights settlement agreement’’ includes— 

(i) any amendments necessary to make the 

Hualapai Tribe water rights settlement agreement consistent with this Act; and 

(ii) any other amendments approved by the parties 

to the Hualapai Tribe water rights settlement agreement and the Secretary. 

(46) HUALAPAI TRUST LAND.—The term ‘‘Hualapai trust 

land’’ means land, other than Hualapai fee land, that is— 

(A) located— 

(i) in the State; and 

(ii) outside the exterior boundaries of the Hualapai 

Reservation; and 

(B) as of the Enforceability Date, held in trust by 

the United States for the benefit of the Hualapai Tribe. 

(47) HUALAPAI WATER PROJECT.—The term ‘‘Hualapai 

Water Project’’ means the project constructed in accordance 

with section 6(a)(7)(A). 

(48) HUALAPAI WATER TRUST FUND ACCOUNT.—The term 

‘‘Hualapai Water Trust Fund Account’’ means the account 

established under section 6(a)(1). 

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

meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 

(50) INJURY TO WATER RIGHTS.— 

(A) IN GENERAL.—The term ‘‘injury to water rights’’ 

means any interference with, diminution of, or deprivation 

of, a water right under Federal, State, or other law. 

(B) EXCLUSION.—The term ‘‘injury to water rights’’ does 

not include any injury to water quality. 

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

meaning given the term in article II(g) of the Colorado River 

Compact. 

(52) LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.— 

The term ‘‘Lower Colorado River Basin Development Fund’’ 

means the fund established by section 403(a) of the Colorado 

River Basin Project Act (43 U.S.C. 1543(a)). 

(53) MEMBER.—The term ‘‘member’’ means any person duly 

enrolled as a member of the Hualapai Tribe. 
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(54) OM&R.—The term ‘‘OM&R’’ means— 

(A) any recurring or ongoing activity relating to the 

day-to-day operation of a project; 

(B) any activity relating to scheduled or unscheduled 

maintenance of a project; and 

(C) any activity relating to replacing a feature of a 

project. 

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

of land that is— 

(A) depicted as 3 contiguous allotments identified as 

1A, 1B, and 1C on the map attached to the Hualapai 

Tribe water rights settlement agreement as Exhibit 3.1.6; 

and 

(B) held in trust for certain allottees. 

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

of land that is— 

(A) depicted as ‘‘Parcel 2’’ on the map attached to 

the Hualapai Tribe water rights settlement agreement as 

Exhibit 3.1.6; and 

(B) held in trust for certain allottees. 

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

of land that is— 

(A) depicted as ‘‘Parcel 3’’ on the map attached to 

the Hualapai Tribe water rights settlement agreement as 

Exhibit 3.1.6; 

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

(C) part of the Hualapai Reservation pursuant to 

Executive Order 1368, dated June 2, 1911. 

(58) PARTY.—The term ‘‘party’’ means a person that is 

a signatory to the Hualapai Tribe water rights settlement agreement. 

(59) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

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

(61) STOCK WATERING.—The term ‘‘stock watering’’ means 

the watering of livestock, range livestock, or poultry. 

(62) SURFACE WATER.—The term ‘‘surface water’’ means 

all water in the State that is appropriable under State law. 

(63) TRUXTON BASIN.—The term ‘‘Truxton Basin’’ means 

the groundwater aquifer described in the report issued by the 

United States Geological Survey entitled ‘‘Groundwater Availability in the Truxton Basin, Northwestern Arizona’’, Scientific 

Investigations Report No. 2020–5017–A. 

(64) WATER.—The term ‘‘water’’, when used without a modifying adjective, means— 

(A) groundwater; 

(B) surface water; 

(C) effluent; and 

(D) Colorado River water. 

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

right in or to groundwater, surface water, effluent, or Colorado 

River water under Federal, State, or other law. 

SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER 

RIGHTS SETTLEMENT AGREEMENT. 

(a) RATIFICATION.— 
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(1) IN GENERAL.—Except as modified by this Act and to 

the extent the Hualapai Tribe water rights settlement agreement does not conflict with this Act, the Hualapai Tribe water 

rights settlement agreement is authorized, ratified, and confirmed. 

(2) AMENDMENTS.—If an amendment to the Hualapai Tribe 

water rights settlement agreement, or to any exhibit attached 

to the Hualapai Tribe water rights settlement agreement 

requiring the signature of the Secretary, is executed in accordance with this Act to make the Hualapai Tribe water rights 

settlement agreement consistent with this Act, the amendment 

is authorized, ratified, and confirmed, to the extent the amendment is consistent with this Act. 

(b) EXECUTION.— 

(1) IN GENERAL.—To the extent the Hualapai Tribe water 

rights settlement agreement does not conflict with this Act, 

the Secretary shall execute the Hualapai Tribe water rights 

settlement agreement, including all exhibits to, or parts of, 

the Hualapai Tribe water rights settlement agreement 

requiring the signature of the Secretary. 

(2) MODIFICATIONS.—Nothing in this Act prohibits the Secretary from approving any modification to an appendix or 

exhibit to the Hualapai Tribe water rights settlement agreement that is consistent with this Act, to the extent the modification does not otherwise require congressional approval under 

section 2116 of the Revised Statutes (25 U.S.C. 177) or any 

other applicable provision of Federal law. 

(c) ENVIRONMENTAL COMPLIANCE.— (1) IN GENERAL.—In implementing the Hualapai Tribe 

water rights settlement agreement (including all exhibits to 

the Hualapai Tribe water rights settlement agreement 

requiring the signature of the Secretary) and this Act, the 

Secretary shall comply with all applicable provisions of— 

(A) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 

(B) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and 

(C) all other applicable Federal environmental laws 

and regulations. 

(2) COMPLIANCE.— (A) IN GENERAL.—In implementing the Hualapai Tribe 

water rights settlement agreement and this Act, the 

Hualapai Tribe shall prepare any necessary environmental 

documents, consistent with all applicable provisions of— 

(i) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 

(ii) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), including the implementing 

regulations of that Act; and 

(iii) all other applicable Federal environmental 

laws and regulations. 

(B) AUTHORIZATIONS.—The Secretary shall— 

(i) independently evaluate the documentation submitted under subparagraph (A); and 

(ii) be responsible for the accuracy, scope, and 

contents of that documentation. 
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(3) EFFECT OF EXECUTION.—The execution of the Hualapai 

Tribe water rights settlement agreement by the Secretary under 

this section shall not constitute a major action for purposes 

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

4321 et seq.). 

SEC. 5. WATER RIGHTS. 

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

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

following water rights in trust for the benefit of the Hualapai 

Tribe: 

(A) The water rights for the Hualapai Reservation 

described in subparagraph 4.2 of the Hualapai Tribe water 

rights settlement agreement. 

(B) The water rights for Hualapai trust land described 

in subparagraph 4.4 of the Hualapai Tribe water rights 

settlement agreement. 

(C) The water rights described in section 12(e)(2) for 

any land taken into trust by the United States for the 

benefit of the Hualapai Tribe— 

(i) after the Enforceability Date; and 

(ii) in accordance with section 12(e)(1). 

(D) All Hualapai Tribe CAP water. 

(2) ALLOTTEES.—The United States shall hold in trust for 

the benefit of the allottees all water rights for the allotments 

described in subparagraph 4.3.2 of the Hualapai Tribe water 

rights settlement agreement. 

(b) FORFEITURE AND ABANDONMENT.—The following water 

rights shall not be subject to loss through non-use, forfeiture, 

abandonment, or other operation of law: 

(1) The water rights for the Hualapai Reservation described 

in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement. 

(2) The water rights for Hualapai trust land described 

in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement. 

(3) Any Colorado River water entitlement purchased by 

the Hualapai Tribe wholly or substantially with amounts in 

the Economic Development Fund described in section 8.1 of 

the Amended and Restated Hualapai Tribe Bill Williams River 

Water Rights Settlement Agreement. 

(c) ALIENATION.—Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts 

in the Economic Development Fund described in section 8.1 of 

the Amended and Restated Hualapai Tribe Bill Williams River 

Water Rights Settlement Agreement shall be restricted against 

permanent alienation by the Hualapai Tribe. 

(d) HUALAPAI TRIBE CAP WATER.—The Hualapai Tribe shall 

have the right to divert, use, and store the Hualapai Tribe CAP 

water in accordance with section 13. 

(e) COLORADO RIVER WATER ENTITLEMENTS.— 

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

use any Colorado River water entitlement purchased by or 

donated to the Hualapai Tribe at the location to which the 

entitlement is appurtenant on the date on which the entitlement is purchased or donated. 

(2) STORAGE.— 
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(A) IN GENERAL.—Subject to paragraphs (3) and (5), 

the Hualapai Tribe may store Colorado River water available under any Colorado River water entitlement purchased 

by or donated to the Hualapai Tribe at underground storage 

facilities or groundwater savings facilities located within 

the State and in accordance with State law. 

(B) ASSIGNMENTS.—The Hualapai Tribe may assign 

any long-term storage credits accrued as a result of storage 

under subparagraph (A) in accordance with State law. 

(3) TRANSFERS.—The Hualapai Tribe may transfer the 

entitlement for use or storage under paragraph (1) or (2), 

respectively, to another location within the State, including 

the Hualapai Reservation, in accordance with the Hualapai 

Tribe water rights settlement agreement and all applicable 

Federal and State laws governing the transfer of Colorado 

River water entitlements within the State. 

(4) LEASES.—The Hualapai Tribe may lease any Colorado 

River water entitlement for use or storage under paragraph 

(1) or (2), respectively, to a water user within the State, in 

accordance with the Hualapai Tribe water rights settlement 

agreement and all applicable Federal and State laws governing 

the transfer of Colorado River water entitlements within the 

State. 

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

leases a Colorado River water entitlement from the Hualapai 

Tribe under paragraph (4), may transport Colorado River water 

available under the Colorado River water entitlement through 

the Central Arizona Project in accordance with all laws of 

the United States and the agreements between the United 

States and the Central Arizona Water Conservation District 

governing the use of the Central Arizona Project to transport 

water other than CAP water. 

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

under the Hualapai Reservation or Hualapai trust land, or to surface water on the Hualapai Reservation or Hualapai trust land, 

may be sold, leased, transferred, or used outside the boundaries 

of the Hualapai Reservation or Hualapai trust land, other than 

under an exchange. 

(g) GROUNDWATER TRANSPORTATION.— (1) FEE LAND.—Groundwater may be transported in accordance with State law away from Hualapai fee land and away 

from land acquired in fee by the Hualapai Tribe, including 

by a tribally owned corporation, after the Enforceability Date. 

(2) LAND ADDED TO HUALAPAI RESERVATION.—Groundwater 

may be transported in accordance with State law away from 

land added to the Hualapai Reservation by sections 11 and 

12 to other land within the Hualapai Reservation. 

SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION 

OF HUALAPAI WATER PROJECT; FUNDING. 

(a) HUALAPAI WATER TRUST FUND ACCOUNT.— 

(1) ESTABLISHMENT.—The Secretary shall establish a trust 

fund account, to be known as the ‘‘Hualapai Water Trust Fund 

Account’’, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, 

or reverted to the general fund of the Treasury, consisting 

of the amounts deposited in the Hualapai Water Trust Fund 
S. 4104—11 

Account under paragraph (2), together with any interest earned 

on those amounts, for the purposes of carrying out this Act. 

(2) DEPOSITS.—The Secretary shall deposit in the Hualapai 

Water Trust Fund Account the amounts made available pursuant to section 7(a)(1). 

(3) MANAGEMENT AND INTEREST.— 

(A) MANAGEMENT.—On receipt and deposit of funds 

into the Hualapai Water Trust Fund Account, the Secretary 

shall manage, invest, and distribute all amounts in the 

Hualapai Water Trust Fund Account in a manner that 

is consistent with the investment authority of the Secretary 

under— 

(i) the first section of the Act of June 24, 1938 

(25 U.S.C. 162a); 

(ii) the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.); and 

(iii) this subsection. 

(B) INVESTMENT EARNINGS.—In addition to the deposits 

made to the Hualapai Water Trust Fund Account under 

paragraph (2), any investment earnings, including interest, 

credited to amounts held in the Hualapai Water Trust 

Fund Account are authorized to be appropriated to be 

used in accordance with paragraph (7). 

(4) AVAILABILITY OF AMOUNTS.— 

(A) IN GENERAL.—Amounts appropriated to, and deposited in, the Hualapai Water Trust Fund Account, including 

any investment earnings, shall be made available to the 

Hualapai Tribe by the Secretary beginning on the Enforceability Date, subject to the requirements of this section. 

(B) USE.—Notwithstanding subparagraph (A), amounts 

deposited in the Hualapai Water Trust Fund Account shall 

be available to the Hualapai Tribe on the date on which 

the amounts are deposited for environmental compliance, 

as provided in section 8. 

(5) WITHDRAWALS.— (A) WITHDRAWALS UNDER THE AMERICAN INDIAN TRUST

FUND MANAGEMENT REFORM ACT OF 1994.— (i) IN GENERAL.—The Hualapai Tribe may withdraw any portion of the amounts in the Hualapai 

Water Trust Fund Account on approval by the Secretary of a Tribal management plan submitted by the 

Tribe in accordance with the American Indian Trust 

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

et seq.). 

(ii) REQUIREMENTS.—In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 

the Tribal management plan under this subparagraph 

shall require that the Hualapai Tribe spend all 

amounts withdrawn from the Hualapai Water Trust 

Fund Account and any investment earnings accrued 

through the investments under the Tribal management 

plan in accordance with this Act. 

(iii) ENFORCEMENT.—The Secretary may carry out 

such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal 

management plan under this subparagraph to ensure 
S. 4104—12 

that amounts withdrawn by the Hualapai Tribe from 

the Hualapai Water Trust Fund Account under clause 

(i) are used in accordance with this Act. 

(B) WITHDRAWALS UNDER EXPENDITURE PLAN.— 

(i) IN GENERAL.—The Hualapai Tribe may submit 

to the Secretary a request to withdraw funds from 

the Hualapai Water Trust Fund Account pursuant to 

an approved expenditure plan. 

(ii) REQUIREMENTS.—To be eligible to withdraw 

amounts under an expenditure plan under this 

subparagraph, the Hualapai Tribe shall submit to the 

Secretary an expenditure plan for any portion of the 

Hualapai Water Trust Fund Account that the Hualapai 

Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall 

be used for the purposes described in this Act. 

(iii) INCLUSIONS.—An expenditure plan under this 

subparagraph shall include a description of the manner 

and purpose for which the amounts proposed to be 

withdrawn from the Hualapai Water Trust Fund 

Account will be used by the Hualapai Tribe, in accordance with paragraph (7). 

(iv) APPROVAL.—The Secretary shall approve an 

expenditure plan submitted under clause (ii) if the 

Secretary determines that the plan— 

(I) is reasonable; and 

(II) is consistent with, and will be used for, 

the purposes of this Act. 

(v) ENFORCEMENT.—The Secretary may carry out 

such judicial and administrative actions as the Secretary determines to be necessary to enforce an 

expenditure plan to ensure that amounts disbursed 

under this subparagraph are used in accordance with 

this Act. 

(6) EFFECT.—Nothing in this section gives the Hualapai 

Tribe the right to judicial review of a determination of the 

Secretary relating to whether to approve a Tribal management 

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

paragraph (5)(B) except under subchapter II of chapter 5, and 

chapter 7, of title 5, United States Code (commonly known 

as the ‘‘Administrative Procedure Act’’). 

(7) USES.—Amounts from the Hualapai Water Trust Fund 

Account shall be used by the Hualapai Tribe— 

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

activities, including compliance with Federal environmental 

laws under section 8, the Hualapai Water Project, which 

shall be designed to divert, treat, and convey up to 3,414 

AFY of water from the Colorado River in the lower basin 

in the State, including locations on or directly adjacent 

to the Hualapai Reservation, for municipal, commercial, 

and industrial uses on the Hualapai Reservation; 

(B) to perform OM&R on the Hualapai Water Project; 

(C) to construct facilities to transport electrical power 

to pump water for the Hualapai Water Project; 

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

as may be necessary for groundwater wells on the Hualapai 
S. 4104—13 

Reservation and to construct infrastructure for delivery 

and use of such groundwater on the Hualapai Reservation; 

(E) to acquire land, interests in land, and water rights 

outside the exterior boundaries of the Hualapai Reservation 

that are located in the Truxton Basin; 

(F) to reimburse the Hualapai Tribe for any— 

(i) planning, design, and engineering costs associated with the Hualapai Water Project that the 

Hualapai Tribe incurs using Tribal funds during the 

period— 

(I) beginning on the date of enactment of this 

Act; and 

(II) ending on the Enforceability Date; and 

(ii) construction costs associated with the Hualapai 

Water Project that the Hualapai Tribe incurs using 

Tribal funds during the period— 

(I) beginning on the date on which the Secretary issues a record of decision; and 

(II) ending on the Enforceability Date; and 

(G) to make contributions to the Economic Development Fund described in section 8.1 of the Amended and 

Restated Hualapai Tribe Bill Williams River Water Rights 

Settlement Agreement for the purpose of purchasing additional Colorado River water entitlements and appurtenant 

land. 

(8) LIABILITY.—The Secretary and the Secretary of the 

Treasury shall not be liable for the expenditure or investment 

of any amounts withdrawn from the Hualapai Water Trust 

Fund Account by the Hualapai Tribe under paragraph (5). 

(9) TITLE TO INFRASTRUCTURE.—Title to, control over, and 

operation of any project constructed using funds from the 

Hualapai Water Trust Fund Account shall remain in the 

Hualapai Tribe. 

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

using funds from the Hualapai Water Trust Fund Account 

shall be the responsibility of the Hualapai Tribe. 

(11) NO PER CAPITA DISTRIBUTIONS.—No portion of the 

Hualapai Water Trust Fund Account shall be distributed on 

a per capita basis to any member of the Hualapai Tribe. 

(12) EXPENDITURE REPORTS.—The Hualapai Tribe shall 

annually submit to the Secretary an expenditure report 

describing accomplishments and amounts spent from use of 

withdrawals under a Tribal management plan or an expenditure plan under this Act. 

(b) HUALAPAI WATER SETTLEMENT IMPLEMENTATION FUND

ACCOUNT.— 

(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a nontrust, interest-bearing account, to 

be known as the ‘‘Hualapai Water Settlement Implementation 

Fund Account’’ (referred to in this subsection as the 

‘‘Implementation Fund Account’’) to be managed and distributed 

by the Secretary, for use by the Secretary for carrying out 

this Act. 

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

Implementation Fund Account the amounts made available 

pursuant to section 7(a)(2). 
S. 4104—14 

(3) USES.—The Implementation Fund Account shall be used 

by the Secretary to carry out section 15(c), including for groundwater monitoring in the Truxton Basin. 

(4) INTEREST.—In addition to the deposits under paragraph 

(2), any investment earnings, including interest, credited to 

amounts unexpended in the Implementation Fund Account are 

authorized to be appropriated to be used in accordance with 

paragraph (3). 

SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 

(a) AUTHORIZATIONS.— (1) HUALAPAI WATER TRUST FUND ACCOUNT.—There is 

authorized to be appropriated to the Secretary for deposit in 

the Hualapai Water Trust Fund Account $312,000,000, to be 

available until expended, withdrawn, or reverted to the general 

fund of the Treasury. 

(2) HUALAPAI WATER SETTLEMENT IMPLEMENTATION FUND

ACCOUNT.—There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Settlement 

Implementation Fund account established by section 6(b)(1) 

$5,000,000. 

(3) PROHIBITION.—Notwithstanding any other provision of 

law, any amounts made available under paragraph (1) or (2) 

shall not be made available from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus 

Public Land Management Act of 2009 (43 U.S.C. 407(a)). 

(b) FLUCTUATION IN COSTS.— (1) IN GENERAL.—The amount authorized to be appropriated under subsection (a)(1) shall be increased or decreased, 

as appropriate, by such amounts as may be justified by reason 

of ordinary fluctuations in costs occurring after the date of 

enactment of this Act, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. 

(2) CONSTRUCTION COSTS ADJUSTMENT.—The amount 

authorized to be appropriated under subsection (a)(1) shall 

be adjusted to address construction cost changes necessary 

to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined 

by the Secretary, including repricing applicable to the types 

of construction and current industry standards involved. 

(3) REPETITION.—The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been 

appropriated. 

(4) PERIOD OF INDEXING.—The period of indexing adjustment for any increment of funding shall end on the date on 

which the funds are deposited in the Hualapai Water Trust 

Fund Account. 

SEC. 8. ENVIRONMENTAL COMPLIANCE. 

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

of funds in the Hualapai Water Trust Fund Account, the Hualapai 

Tribe may commence any environmental, cultural, and historical 

compliance activities necessary to implement the Hualapai Tribe 

water rights settlement agreement and this Act, including activities 

necessary to comply with all applicable provisions of— 

(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.); 
S. 4104—15 

(2) the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), including the implementing regulations 

of that Act; and 

(3) all other applicable Federal environmental or historical 

and cultural protection laws and regulations. 

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

directs the outcome of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other 

applicable Federal environmental or historical and cultural protection law. 

(c) COMPLIANCE COSTS.—Any costs associated with the performance of the compliance activities under subsection (a) shall be 

paid from funds deposited in the Hualapai Water Trust Fund 

Account, subject to the condition that any costs associated with 

the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions 

shall remain the responsibility of the Secretary. 

(d) RECORD OF DECISION.—Construction of the Hualapai Water 

Project shall not commence until the Secretary issues a record 

of decision after completion of an environmental impact statement 

for the Hualapai Water Project. 

(e) CONSTRUCTION COSTS.—Any costs of construction incurred 

by the Hualapai Tribe during the period beginning on the date 

on which the Secretary issues a record of decision and ending 

on the Enforceability Date shall be paid by the Hualapai Tribe 

and not from funds deposited in the Hualapai Water Trust Fund 

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

the Hualapai Tribe may be reimbursed after the Enforceability 

Date from the Hualapai Water Trust Fund Account for any such 

costs of construction incurred by the Hualapai Tribe prior to the 

Enforceability Date. 

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

(a) WAIVERS AND RELEASES OF CLAIMS BY THE HUALAPAI

TRIBE.— (1) CLAIMS AGAINST THE STATE AND OTHERS.— (A) IN GENERAL.—Except as provided in subparagraph 

(C), the Hualapai Tribe, on behalf of the Hualapai Tribe 

and the members of the Hualapai Tribe (but not members 

in the capacity of the members as allottees) and the United 

States, acting as trustee for the Hualapai Tribe and the 

members of the Hualapai Tribe (but not members in the 

capacity of the members as allottees), as part of the 

performance of the respective obligations of the Hualapai 

Tribe and the United States under the Hualapai Tribe 

water rights settlement agreement and this Act, are authorized to execute a waiver and release of any claims against 

the State (or any agency or political subdivision of the 

State) and any other individual, entity, corporation, or 

municipal corporation under Federal, State, or other law 

for all— 

(i) past, present, and future claims for water rights, 

including rights to Colorado River water, for Hualapai 

land, arising from time immemorial and, thereafter, 

forever; 

(ii) past, present, and future claims for water 

rights, including rights to Colorado River water, arising 
S. 4104—16 

from time immemorial and, thereafter, forever, that 

are based on the aboriginal occupancy of land by the 

Hualapai Tribe, the predecessors of the Hualapai Tribe, 

the members of the Hualapai Tribe, or predecessors 

of the members of the Hualapai Tribe; 

(iii) past and present claims for injury to water 

rights, including injury to rights to Colorado River 

water, for Hualapai land, arising from time immemorial through the Enforceability Date; 

(iv) past, present, and future claims for injury 

to water rights, including injury to rights to Colorado 

River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors 

of the Hualapai Tribe, the members of the Hualapai 

Tribe, or predecessors of the members of the Hualapai 

Tribe; 

(v) claims for injury to water rights, including 

injury to rights to Colorado River water, arising after 

the Enforceability Date, for Hualapai land, resulting 

from the off-reservation diversion or use of surface 

water, Colorado River water, or effluent in a manner 

not in violation of the Hualapai Tribe water rights 

settlement agreement or State law; 

(vi) past, present, and future claims arising out 

of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights 

settlement agreement, any judgment or decree 

approving or incorporating the Hualapai Tribe water 

rights settlement agreement, or this Act; 

(vii) claims for water rights of the Hualapai Tribe 

or the United States, acting as trustee for the Hualapai 

Tribe and members of the Hualapai Tribe, with respect 

to Parcel 3, in excess of 300 AFY; 

(viii) claims for injury to water rights arising after 

the Enforceability Date for Hualapai land resulting 

from the off-reservation diversion or use of groundwater from— 

(I) any well constructed outside of the Truxton 

Basin on or before the date of enactment of this 

Act; 

(II) any well constructed outside of the 

Truxton Basin, and not more than 2 miles from 

the exterior boundaries of the Hualapai Reservation, after the date of enactment of this Act if— 

(aa) the well was constructed to replace 

a well in existence on the date of enactment 

of this Act; 

(bb) the replacement well was constructed 

within 660 feet of the well being replaced; 

and 

(cc) the pumping capacity and case 

diameter of the replacement well do not exceed 

the pumping capacity and case diameter of 

the well being replaced; or 

(III) any well constructed outside the Truxton 

Basin, and not less than 2 miles from the exterior 
S. 4104—17 

boundaries of the Hualapai Reservation, after the 

date of enactment of this Act, subject to the condition that the authorizations and restrictions 

regarding the location, size, and operation of wells 

in the Bill Williams River watershed set forth 

in the Bill Williams agreements and the Bill Williams Act, and the waivers of claims in the Bill 

Williams agreements and the Bill Williams Act, 

shall continue to apply to the parties to the Bill 

Williams agreements, notwithstanding the provisions of this subsection; and 

(ix) claims for injury to water rights arising after 

the Enforceability Date, for Hualapai land, resulting 

from the off-reservation diversion or use of groundwater in the Truxton Basin from— 

(I) any well constructed within the Truxton 

Basin for domestic purposes or stock watering— 

(aa) on or before the date on which the 

Secretary provides written notice to the State 

pursuant to section 15(c)(2); or 

(bb) after the date on which the Secretary 

provides written notice to the State pursuant 

to that section if— 

(AA) the well was constructed to 

replace a well in existence on the date 

on which the notice was provided; 

(BB) the replacement well was constructed within 660 feet of the well being 

replaced; and 

(CC) the pumping capacity and case 

diameter of the replacement well do not 

exceed the pumping capacity and case 

diameter of the well being replaced; and 

(II) any well constructed within the Truxton 

Basin for purposes other than domestic purposes 

or stock watering— 

(aa) on or before the date of enactment 

of this Act; 

(bb) after the date of enactment of this 

Act if the Secretary has not provided written 

notice to the State pursuant to section 15(c)(2); 

or 

(cc) after the date of enactment of this 

Act if the Secretary has provided written 

notice to the State pursuant to section 15(c)(2) 

and if— 

(AA) the well was constructed to 

replace a well in existence on the on which 

date the notice was provided; 

(BB) the replacement well was constructed within 660 feet of the well being 

replaced; and 

(CC) the pumping capacity and case 

diameter of the replacement well do not 

exceed the pumping capacity and case 

diameter of the well being replaced. 
S. 4104—18 

(B) EFFECTIVE DATE.—The waiver and release of claims 

described in subparagraph (A) shall take effect on the 

Enforceability Date. 

(C) RESERVATION OF RIGHTS AND RETENTION OF

CLAIMS.—Notwithstanding the waiver and release of claims 

described in subparagraph (A), the Hualapai Tribe, acting 

on behalf of the Hualapai Tribe and the members of the 

Hualapai Tribe, and the United States, acting as trustee 

for the Hualapai Tribe and the members of the Hualapai 

Tribe (but not members in the capacity of the members 

as allottees), shall retain any right— 

(i) subject to subparagraph 12.7 of the Hualapai 

Tribe water rights settlement agreement, to assert 

claims for injuries to, and seek enforcement of, the 

rights of the Hualapai Tribe under the Hualapai Tribe 

water rights settlement agreement or this Act in any 

Federal or State court of competent jurisdiction; 

(ii) to assert claims for injuries to, and seek 

enforcement of, the rights of the Hualapai Tribe under 

any judgment or decree approving or incorporating 

the Hualapai Tribe water rights settlement agreement; 

(iii) to assert claims for water rights based on 

State law for land owned or acquired by the Hualapai 

Tribe in fee, under subparagraph 4.8 of the Hualapai 

Tribe water rights settlement agreement; 

(iv) to object to any claims for water rights or 

injury to water rights by or for any Indian Tribe or 

the United States, acting on behalf of any Indian Tribe; 

(v) to assert past, present, or future claims for 

injury to water rights against any Indian Tribe or 

the United States, acting on behalf of any Indian Tribe; 

(vi) to assert claims for injuries to, and seek 

enforcement of, the rights of the Hualapai Tribe under 

the Bill Williams agreements or the Bill Williams Act 

in any Federal or State court of competent jurisdiction; 

(vii) subject to paragraphs (1), (3), (4), and (5) 

of section 5(e), to assert the rights of the Hualapai 

Tribe under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe; and 

(viii) to assert claims for injury to water rights 

arising after the Enforceability Date for Hualapai land 

resulting from any off-reservation diversion or use of 

groundwater, without regard to quantity, from— 

(I) any well constructed after the date of enactment of this Act outside of the Truxton Basin 

and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, except a 

replacement well described in subparagraph 

(A)(viii)(II), subject to the authorizations and 

restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed, 

and the waivers of claims, set forth in the Bill 

Williams agreements and the Bill Williams Act; 

(II) any well constructed within the Truxton 

Basin for domestic purposes or stock watering after 

the date on which the Secretary has provided written notice to the State pursuant to section 15(c)(2), 
S. 4104—19 

except for a replacement well described in subparagraph (A)(ix)(I)(bb); and 

(III) any well constructed within the Truxton 

Basin for purposes other than domestic purposes 

or stock watering after the date of enactment of 

this Act, if the Secretary has provided notice to 

the State pursuant to section 15(c)(2), except for 

a replacement well as described in subparagraph 

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

(2) CLAIMS AGAINST UNITED STATES.— 

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

(C), the Hualapai Tribe, acting on behalf of the Hualapai 

Tribe and the members of the Hualapai Tribe (but not 

members in the capacity of the members as allottees) as 

part of the performance of the obligations of the Hualapai 

Tribe under the Hualapai Tribe water rights settlement 

agreement and this Act, is authorized to execute a waiver 

and release of all claims against the United States, 

including agencies, officials, and employees of the United 

States, under Federal, State, or other law for all— 

(i) past, present, and future claims for water rights, 

including rights to Colorado River water, for Hualapai 

land, arising from time immemorial and, thereafter, 

forever; 

(ii) past, present, and future claims for water 

rights, including rights to Colorado River water, arising 

from time immemorial and, thereafter, forever, that 

are based on the aboriginal occupancy of land by the 

Hualapai Tribe, the predecessors of the Hualapai Tribe, 

the members of the Hualapai Tribe, or predecessors 

of the members of the Hualapai Tribe; 

(iii) past and present claims relating in any 

manner to damages, losses, or injury to water rights 

(including injury to rights to Colorado River water), 

land, or other resources due to loss of water or water 

rights (including damages, losses, or injuries to 

hunting, fishing, gathering, or cultural rights due to 

loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims 

relating to the failure to protect, acquire, or develop 

water, water rights, or water infrastructure) within 

the State that first accrued at any time prior to the 

Enforceability Date; 

(iv) past and present claims for injury to water 

rights, including injury to rights to Colorado River 

water, for Hualapai land, arising from time immemorial through the Enforceability Date; 

(v) past, present, and future claims for injury to 

water rights, including injury to rights to Colorado 

River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors 

of the Hualapai Tribe, the members of the Hualapai 

Tribe, or predecessors of the members of the Hualapai 

Tribe; 

(vi) claims for injury to water rights, including 

injury to rights to Colorado River water, arising after 
S. 4104—20 

the Enforceability Date for Hualapai land, resulting 

from the off-reservation diversion or use of surface 

water, Colorado River water, or effluent in a manner 

not in violation of the Hualapai Tribe water rights 

settlement agreement or State law; 

(vii) past, present, and future claims arising out 

of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights 

settlement agreement, any judgment or decree 

approving or incorporating the Hualapai Tribe water 

rights settlement agreement, or this Act; 

(viii) claims for injury to water rights arising after 

the Enforceability Date for Hualapai land resulting 

from the off-Reservation diversion or use of groundwater from— 

(I) any well constructed on public domain land 

outside of the Truxton Basin on or before the date 

of enactment of this Act; 

(II) any well constructed on public domain 

land outside of the Truxton Basin, and not more 

than 2 miles from the exterior boundaries of the 

Hualapai Reservation, after the date of enactment 

of this Act if— 

(aa) the well was constructed to replace 

a well in existence on the date of enactment 

of this Act; 

(bb) the replacement well was constructed 

within 660 feet of the well being replaced; 

and 

(cc) the pumping capacity and case 

diameter of the replacement well do not exceed 

the pumping capacity and case diameter of 

the well being replaced; or 

(III) any well constructed on public domain 

land outside of the Truxton Basin, and not less 

than 2 miles from the exterior boundaries of the 

Hualapai Reservation, after the date of enactment 

of this Act, subject to the condition that the 

authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed set forth in the Bill Williams agreements and the Bill Williams Act, and 

the waivers of claims in the Bill Williams agreements and the Bill Williams Act, shall continue 

to apply to the parties to the Bill Williams agreements, notwithstanding the provisions of this subsection; and 

(ix) claims for injury to water rights arising after 

the Enforceability Date for Hualapai land resulting 

from the off-reservation diversion or use of groundwater in the Truxton Basin from— 

(I) any well constructed on public domain land 

within the Truxton Basin for domestic purposes 

or stock watering— 

(aa) on or before the date on which the 

Secretary provides written notice to the State 

pursuant to section 15(c)(2); or 
S. 4104—21 

(bb) after the date on which the Secretary 

provides written notice to the State pursuant 

to that section if— 

(AA) the well was constructed to 

replace a well in existence on the date 

on which the notice was provided; 

(BB) the replacement well was constructed within 660 feet of the well being 

replaced; and 

(CC) the pumping capacity and case 

diameter of the replacement well do not 

exceed the pumping capacity and case 

diameter of the well being replaced; and 

(II) any well constructed on public domain 

land within the Truxton Basin for purposes other 

than domestic purposes or stock watering— 

(aa) on or before the date of enactment 

of this Act; 

(bb) after the date of enactment of this 

Act if the Secretary has not provided written 

notice to the State pursuant to section 15(c)(2); 

or 

(cc) after the date of enactment of this 

Act if the Secretary has provided written 

notice to the State pursuant to section 15(c)(2) 

and if— 

(AA) the well was constructed to 

replace a well in existence on the date 

on which the notice was provided; 

(BB) the replacement well was constructed within 660 feet of the well being 

replaced; and 

(CC) the pumping capacity and case 

diameter of the replacement well do not 

exceed the pumping capacity and case 

diameter of the well being replaced. 

(B) EFFECTIVE DATE.—The waiver and release of claims 

described in subparagraph (A) shall take effect on the 

Enforceability Date. 

(C) RETENTION OF CLAIMS.—Notwithstanding the 

waiver and release of claims described in subparagraph 

(A), the Hualapai Tribe and the members of the Hualapai 

Tribe (but not members in the capacity of the members 

as allottees) shall retain any right— 

(i) subject to subparagraph 12.7 of the Hualapai 

Tribe water rights settlement agreement, to assert 

claims for injuries to, and seek enforcement of, the 

rights of the Hualapai Tribe under the Hualapai Tribe 

water rights settlement agreement or this Act in any 

Federal or State court of competent jurisdiction; 

(ii) to assert claims for injuries to, and seek 

enforcement of, the rights of the Hualapai Tribe under 

any judgment or decree approving or incorporating 

the Hualapai Tribe water rights settlement agreement; 

(iii) to assert claims for water rights based on 

State law for land owned or acquired by the Hualapai 
S. 4104—22 

Tribe in fee under subparagraph 4.8 of the Hualapai 

Tribe water rights settlement agreement; 

(iv) to object to any claims for water rights or 

injury to water rights by or for any Indian Tribe or 

the United States, acting on behalf of any Indian Tribe; 

(v) to assert past, present, or future claims for 

injury to water rights against any Indian Tribe or 

the United States, acting on behalf of any Indian Tribe; 

(vi) to assert claims for injuries to, and seek 

enforcement of, the rights of the Hualapai Tribe under 

the Bill Williams agreements or the Bill Williams Act 

in any Federal or State court of competent jurisdiction; 

(vii) subject to paragraphs (1), (3), (4), and (5) 

of section 5(e), to assert the rights of the Hualapai 

Tribe under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe; and 

(viii) to assert any claims for injury to water rights 

arising after the Enforceability Date for Hualapai land 

resulting from any off-reservation diversion or use of 

groundwater, without regard to quantity, from— 

(I) any well constructed after the date of enactment of this Act on public domain land outside 

of the Truxton Basin and not more than 2 miles 

from the exterior boundaries of the Hualapai Reservation, except for a replacement well described 

in subparagraph (A)(viii)(II), subject to the 

authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed, and the waivers of claims, 

set forth in the Bill Williams agreements and the 

Bill Williams Act; 

(II) any well constructed on public domain 

land within the Truxton Basin for domestic purposes or stock watering after the date on which 

the Secretary has provided written notice to the 

State pursuant to section 15(c)(2), except for a 

replacement well described in subparagraph 

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

(III) any well constructed on public domain 

land within the Truxton Basin for purposes other 

than domestic purposes or stock watering after 

the date of enactment of this Act, if the Secretary 

has provided notice to the State pursuant to section 15(c)(2), except for a replacement well as 

described in subparagraph (A)(ix)(II)(cc). 

(b) WAIVERS AND RELEASES OF CLAIMS BY UNITED STATES, 

ACTING AS TRUSTEE FOR ALLOTTEES.— 

(1) IN GENERAL.—Except as provided in paragraph (3), the 

United States, acting as trustee for the allottees of the Hualapai 

Tribe, as part of the performance of the obligations of the 

United States under the Hualapai Tribe water rights settlement 

agreement and this Act, is authorized to execute a waiver 

and release of any claims against the State (or any agency 

or political subdivision of the State), the Hualapai Tribe, and 

any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all— 
S. 4104—23 

(A) past, present, and future claims for water rights, 

including rights to Colorado River water, for the allotments, 

arising from time immemorial and, thereafter, forever; 

(B) past, present, and future claims for water rights, 

including rights to Colorado River water, arising from time 

immemorial and, thereafter, forever, that are based on 

the aboriginal occupancy of land by the allottees or predecessors of the allottees; 

(C) past and present claims for injury to water rights, 

including injury to rights to Colorado River water, for 

the allotments, arising from time immemorial through the 

Enforceability Date; 

(D) past, present, and future claims for injury to water 

rights, if any, including injury to rights to Colorado River 

water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land 

by the allottees or predecessors of the allottees; 

(E) claims for injury to water rights, including injury 

to rights to Colorado River water, arising after the Enforceability Date, for the allotments, resulting from the offreservation diversion or use of water in a manner not 

in violation of the Hualapai Tribe water rights settlement 

agreement or State law; 

(F) past, present, and future claims arising out of, 

or relating in any manner to, the negotiation, execution, 

or adoption of the Hualapai Tribe water rights settlement 

agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this Act; and 

(G) claims for any water rights of the allottees or 

the United States acting as trustee for the allottees with 

respect to— 

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

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

(2) EFFECTIVE DATE.—The waiver and release of claims 

under paragraph (1) shall take effect on the Enforceability 

Date. 

(3) RETENTION OF CLAIMS.—Notwithstanding the waiver 

and release of claims described in paragraph (1), the United 

States, acting as trustee for the allottees of the Hualapai Tribe, 

shall retain any right— 

(A) subject to subparagraph 12.7 of the Hualapai Tribe 

water rights settlement agreement, to assert claims for 

injuries to, and seek enforcement of, the rights of the 

allottees, if any, under the Hualapai Tribe water rights 

settlement agreement or this Act in any Federal or State 

court of competent jurisdiction; 

(B) to assert claims for injuries to, and seek enforcement of, the rights of the allottees under any judgment 

or decree approving or incorporating the Hualapai Tribe 

water rights settlement agreement; 

(C) to object to any claims for water rights or injury 

to water rights by or for— 

(i) any Indian Tribe other than the Hualapai Tribe; 

or 

(ii) the United States, acting on behalf of any 

Indian Tribe other than the Hualapai Tribe; 
S. 4104—24 

(D) to assert past, present, or future claims for injury 

to water rights against— 

(i) any Indian Tribe other than the Hualapai Tribe; 

or 

(ii) the United States, acting on behalf of any 

Indian Tribe other than the Hualapai Tribe; and 

(E) to assert claims for injuries to, and seek enforcement of, the rights of the allottees under the Bill Williams 

agreements or the Bill Williams Act in any Federal or 

State court of competent jurisdiction. 

(c) WAIVER AND RELEASE OF CLAIMS BY UNITED STATES AGAINST

HUALAPAI TRIBE.— 

(1) IN GENERAL.—Except as provided in paragraph (3), the 

United States, in all capacities (except as trustee for an Indian 

Tribe other than the Hualapai Tribe), as part of the performance of the obligations of the United States under the Hualapai 

Tribe water rights settlement agreement and this Act, is 

authorized to execute a waiver and release of all claims against 

the Hualapai Tribe, the members of the Hualapai Tribe, or 

any agency, official, or employee of the Hualapai Tribe, under 

Federal, State or any other law for all— 

(A) past and present claims for injury to water rights, 

including injury to rights to Colorado River water, resulting 

from the diversion or use of water on Hualapai land arising 

from time immemorial through the Enforceability Date; 

(B) claims for injury to water rights, including injury 

to rights to Colorado River water, arising after the Enforceability Date, resulting from the diversion or use of water 

on Hualapai land in a manner that is not in violation 

of the Hualapai Tribe water rights settlement agreement 

or State law; and 

(C) past, present, and future claims arising out of, 

or related in any manner to, the negotiation, execution, 

or adoption of the Hualapai Tribe water rights settlement 

agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this Act. 

(2) EFFECTIVE DATE.—The waiver and release of claims 

under paragraph (1) shall take effect on the Enforceability 

Date. 

(3) RETENTION OF CLAIMS.—Notwithstanding the waiver 

and release of claims described in paragraph (1), the United 

States shall retain any right to assert any claim not expressly 

waived in accordance with that paragraph, including any right 

to assert a claim for injury to, and seek enforcement of, any 

right of the United States under the Bill Williams agreements 

or the Bill Williams Act, in any Federal or State court of 

competent jurisdiction. 

(d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS SETTLEMENT

AGREEMENT WAIVER, RELEASE, AND RETENTION OF CLAIMS.— 

(1) CLAIMS AGAINST FREEPORT.— 

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

(C), the United States, acting solely on behalf of the Department of the Interior (including the Bureau of Land Management and the United States Fish and Wildlife Service), 

as part of the performance of the obligations of the United 

States under the Bill Williams River phase 2 water rights 
S. 4104—25 

settlement agreement, is authorized to execute a waiver 

and release of all claims of the United States against 

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

(i) any past or present claim for injury to water 

rights resulting from— 

(I) the diversion or use of water by Freeport 

pursuant to the water rights described in Exhibit 

4.1(ii) to the Bill Williams River phase 2 water 

rights settlement agreement; and 

(II) any other diversion or use of water for 

mining purposes authorized by the Bill Williams 

River phase 2 water rights settlement agreement; 

(ii) any claim for injury to water rights arising 

after the Bill Williams River Phase 2 Enforceability 

Date resulting from— 

(I) the diversion or use of water by Freeport 

pursuant to the water rights described in Exhibit 

4.1(ii) to the Bill Williams River phase 2 water 

rights settlement agreement in a manner not in 

violation of the Bill Williams River phase 2 water 

rights settlement agreement; 

(II) the diversion of up to 2,500 AFY of water 

by Freeport from Sycamore Creek as permitted 

by section 4.3(iv) of the Bill Williams River phase 

2 water rights settlement agreement; and 

(III) any other diversion or use of water by 

Freeport authorized by the Bill Williams River 

phase 2 water rights settlement agreement, subject 

to the condition that such a diversion and use 

of water is conducted in a manner not in violation 

of the Bill Williams River phase 2 water rights 

settlement agreement; and 

(iii) any past, present, or future claim arising out 

of, or relating in any manner to, the negotiation or 

execution of the Bill Williams River phase 2 water 

rights settlement agreement, the Hualapai Tribe water 

rights settlement agreement, or this Act. 

(B) EFFECTIVE DATE.—The waiver and release of claims 

under subparagraph (A) shall take effect on the Bill Williams River Phase 2 Enforceability Date. 

(C) RETENTION OF CLAIMS.—The United States shall 

retain all rights not expressly waived in the waiver and 

release of claims under subparagraph (A), including, subject 

to section 6.4 of the Bill Williams River phase 2 water 

rights settlement agreement, the right to assert a claim 

for injury to, and seek enforcement of, the Bill Williams 

River phase 2 water rights settlement agreement or this 

Act, in any Federal or State court of competent jurisdiction 

(but not a Tribal court). 

(2) NO PRECEDENTIAL EFFECT.— 

(A) PENDING AND FUTURE PROCEEDINGS.—The Bill Williams River phase 2 water rights settlement agreement 

shall have no precedential effect in any other administrative or judicial proceeding, including— 

(i) any pending or future general stream adjudication, or any other litigation involving Freeport or the 
S. 4104—26 

United States, including any proceeding to establish 

or quantify a Federal reserved water right; 

(ii) any pending or future administrative or judicial 

proceeding relating to an application— 

(I) to appropriate water (for instream flow or 

other purposes); 

(II) to sever and transfer a water right; 

(III) to change a point of diversion; or 

(IV) to change a place of use for any water 

right; and 

(iii) any proceeding regarding water rights or a 

claim relating to any Federal land. 

(B) NO METHODOLOGY OR STANDARD.—Nothing in the 

Bill Williams River phase 2 water rights settlement agreement establishes any standard or methodology to be used 

for the quantification of any claim to water rights (whether 

based on Federal or State law) in any judicial or administrative proceeding, other than a proceeding to enforce the 

terms of the Bill Williams River phase 2 water rights 

settlement agreement. 

SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS. 

(a) HUALAPAI TRIBE AND MEMBERS.— 

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

Tribe and the members of the Hualapai Tribe (but not members 

in the capacity of the members as allottees) under the Hualapai 

Tribe water rights settlement agreement, this Act, the Bill 

Williams agreements, and the Bill Williams Act shall be in 

full satisfaction of all claims of the Hualapai Tribe, the members 

of the Hualapai Tribe, and the United States, acting in the 

capacity of the United States as trustee for the Hualapai Tribe 

and the members of the Hualapai Tribe, for water rights and 

injury to water rights under Federal, State, or other law with 

respect to Hualapai land. 

(2) SATISFACTION.—Any entitlement to water of the 

Hualapai Tribe and the members of the Hualapai Tribe (but 

not members in the capacity of the members as allottees) or 

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

as trustee for the Hualapai Tribe and the members of the 

Hualapai Tribe (but not members in the capacity of the members as allottees), for Hualapai land shall be satisfied out 

of the water resources and other benefits granted, confirmed, 

quantified, or recognized by the Hualapai Tribe water rights 

settlement agreement, this Act, the Bill Williams agreements, 

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

members of the Hualapai Tribe (but not members in the 

capacity of the members as allottees), and the United States, 

acting in the capacity of the United States as trustee for the 

Hualapai Tribe and the members of the Hualapai Tribe (but 

not members in the capacity of the members as allottees). 

(b) ALLOTTEE WATER CLAIMS.— 

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

of the Hualapai Tribe under the Hualapai Tribe water rights 

settlement agreement, this Act, the Bill Williams agreements, 

and the Bill Williams Act shall be in complete replacement 

of and substitution for, and full satisfaction of, all claims with 

respect to allotments of the allottees and the United States, 
S. 4104—27 

acting in the capacity of the United States as trustee for the 

allottees, for water rights and injury to water rights under 

Federal, State, or other law. 

(2) SATISFACTION.—Any entitlement to water of the 

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

United States as trustee for the allottees, for allotments shall 

be satisfied out of the water resources and other benefits 

granted, confirmed, or recognized by the Hualapai Tribe water 

rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act to or for the allottees and 

the United States, acting as trustee for the allottees. 

(c) EFFECT.—Notwithstanding subsections (a) and (b), nothing 

in this Act or the Hualapai Tribe water rights settlement agreement— 

(1) recognizes or establishes any right of a member of 

the Hualapai Tribe or an allottee to water on Hualapai land; 

or 

(2) prohibits the Hualapai Tribe or an allottee from 

acquiring additional water rights by purchase of land, credits, 

or water rights. 

SEC. 11. LAND ADDED TO HUALAPAI RESERVATION. 

The following land in the State is added to the Hualapai Reservation: 

(1) PUBLIC LAW 93–560.—The land held in trust by the 

United States for the Hualapai Tribe pursuant to the first 

section of Public Law 93–560 (88 Stat. 1820). 

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

in the capacity of the United States as trustee for the Hualapai 

Tribe pursuant to the 1947 judgment. 

(3) TRUXTON TRIANGLE.—That portion of the S1⁄2 sec. 3, 

lying south of the south boundary of the Hualapai Reservation 

and north of the north right-of-way boundary of Arizona Highway 66, and bounded by the west section line of that sec. 

3 and the south section line of that sec. 3, T. 24 N., R. 12 

W., Gila and Salt River Base and Meridian, Mohave County, 

Arizona. 

(4) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 25 N., R. 13 

W., Gila and Salt River Base and Meridian, Mohave County, 

Arizona. 

(5) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 14 W., Gila 

and Salt River Base and Meridian, Mohave County, Arizona— 

(A) NE1⁄4SW1⁄4 sec. 9; and 

(B) NW1⁄4SE1⁄4 sec. 27. 

(6) HUNT PARCEL 3.—SW1⁄4NE1⁄4 sec. 25, T. 27 N., R. 15 

W., Gila and Salt River Base and Meridian, Mohave County, 

Arizona. 

(7) HUNT PARCEL 5.—In sec. 1, T. 25 N., R. 14 W., Gila 

and Salt River Base and Meridian, Mohave County, Arizona— 

(A) SE1⁄4; 

(B) E1⁄2SW1⁄4; and 

(C) SW1⁄4SW1⁄4. 

(8) VALENTINE CEMETERY PARCEL.—W1⁄2NW1⁄4SW1⁄4 sec. 22, 

T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, 

Mohave County, Arizona, excepting and reserving to the United 

States a right-of-way for ditches or canals constructed by the 
S. 4104—28 

authority of the United States, pursuant to the Act of August 

30, 1890 (43 U.S.C. 945). 

SEC. 12. TRUST LAND. 

(a) LAND TO BE TAKEN INTO TRUST.— 

(1) IN GENERAL.—On the date of enactment of this Act, 

the Secretary is authorized and directed to take legal title 

to the land described in paragraph (2) and hold such land 

in trust for the benefit of the Hualapai Tribe. 

(2) CHOLLA CANYON RANCH PARCELS.—The land referred 

to in paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt 

River Base and Meridian, Mohave County, Arizona— 

(A) SW1⁄4 sec. 25; and 

(B) NE1⁄4 and NE1⁄4 SE1⁄4 sec. 35. 

(b) RESERVATION STATUS.—The land taken into trust under 

subsection (a) shall be part of the Hualapai Reservation and 

administered in accordance with the laws and regulations generally 

applicable to land held in trust by the United States for an Indian 

Tribe. 

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

subsection (a) shall be subject to valid existing rights, including 

easements, rights-of-way, contracts, and management agreements. 

(d) LIMITATIONS.—Nothing in subsection (a) affects— 

(1) any water right of the Hualapai Tribe in existence 

under State law before the date of enactment of this Act; 

or 

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

or interest in land in existence before the date of enactment 

of this Act. 

(e) FUTURE TRUST LAND.— 

(1) NEW STATUTORY REQUIREMENT.—Effective beginning on 

the date of enactment of this Act, and except as provided 

in subsection (a), any land located in the State outside the 

exterior boundaries of the Hualapai Reservation may only be 

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

Hualapai Tribe by an Act of Congress— 

(A) that specifically authorizes the transfer of the land 

for the benefit of the Hualapai Tribe; and 

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

of enactment of this Act. 

(2) WATER RIGHTS.—Any land taken into trust for the benefit of the Hualapai Tribe under paragraph (1)— 

(A) shall include water rights only under State law; 

and 

(B) shall not include any federally reserved water 

rights. 

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

WATER DELIVERY CONTRACT; COLORADO RIVER 

ACCOUNTING. 

(a) REALLOCATION TO THE HUALAPAI TRIBE.—On the Enforceability Date, the Secretary shall reallocate to the Hualapai Tribe 

the Hualapai Tribe CAP water. 

(b) FIRMING.— 

(1) HUALAPAI TRIBE CAP WATER.—Except as provided in 

subsection (c)(2)(H), the Hualapai Tribe CAP water shall be 

firmed as follows: 
S. 4104—29 

(A) In accordance with section 105(b)(1)(B) of the Central Arizona Project Settlement Act of 2004 (Public Law 

108–451; 118 Stat. 3492), for the 100-year period beginning 

on January 1, 2008, the Secretary shall firm 557.50 AFY 

of the Hualapai Tribe CAP water to the equivalent of 

CAP M&I priority water. 

(B) In accordance with section 105(b)(2)(B) of the Central Arizona Project Settlement Act of 2004 (Public Law 

108–451; 118 Stat. 3492), for the 100-year period beginning 

on January 1, 2008, the State shall firm 557.50 AFY of 

the Hualapai Tribe CAP water to the equivalent of CAP 

M&I priority water. 

(2) ADDITIONAL FIRMING.—The Hualapai Tribe may, at the 

expense of the Hualapai Tribe, take additional actions to firm 

or supplement the Hualapai Tribe CAP water, including by 

entering into agreements for that purpose with the Central 

Arizona Water Conservation District, the Arizona Water 

Banking Authority, or any other lawful authority, in accordance 

with State law. 

(c) HUALAPAI TRIBE WATER DELIVERY CONTRACT.— 

(1) IN GENERAL.—In accordance with the Hualapai Tribe 

water rights settlement agreement and the requirements 

described in paragraph (2), the Secretary shall enter into the 

Hualapai Tribe water delivery contract. 

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

(A) IN GENERAL.—The Hualapai Tribe water delivery 

contract shall— 

(i) be for permanent service (as that term is used 

in section 5 of the Boulder Canyon Project Act (43 

U.S.C. 617d)); 

(ii) take effect on the Enforceability Date; and 

(iii) be without limit as to term. 

(B) HUALAPAI TRIBE CAP WATER.— 

(i) IN GENERAL.—The Hualapai Tribe CAP water 

may be delivered for use in the lower basin in the 

State through— 

(I) the Hualapai Water Project; or 

(II) the CAP system. 

(ii) METHOD OF DELIVERY.—The Secretary shall 

authorize the delivery of Hualapai Tribe CAP water 

under this subparagraph to be effected by the diversion 

and use of water directly from the Colorado River 

in the State. 

(C) CONTRACTUAL DELIVERY.—The Secretary shall 

deliver the Hualapai Tribe CAP water to the Hualapai 

Tribe in accordance with the terms and conditions of the 

Hualapai Tribe water delivery contract. 

(D) DISTRIBUTION OF CAP NIA PRIORITY WATER.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

if, for any year, the available CAP supply is insufficient 

to meet all demands under CAP contracts and CAP 

subcontracts for the delivery of CAP NIA priority 

water, the Secretary and the CAP operating agency 

shall prorate the available CAP NIA priority water 

among the CAP contractors and CAP subcontractors 

holding contractual entitlements to CAP NIA priority 
S. 4104—30 

water on the basis of the quantity of CAP NIA priority 

water used by each such CAP contractor and CAP 

subcontractor in the last year in which the available 

CAP supply was sufficient to fill all orders for CAP 

NIA priority water. 

(ii) EXCEPTION.— 

(I) IN GENERAL.—Notwithstanding clause (i), 

if the available CAP supply is insufficient to meet 

all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority 

water in the year following the year in which 

the Enforceability Date occurs, the Secretary shall 

assume that the Hualapai Tribe used the full 

volume of Hualapai Tribe CAP water in the last 

year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water. 

(II) CONTINUATION.—The assumption 

described in subclause (I) shall continue until the 

available CAP supply is sufficient to meet all 

demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority 

water. 

(III) DETERMINATION.—The Secretary shall 

determine the quantity of CAP NIA priority water 

used by the Gila River Indian Community and 

the Tohono O’odham Nation in the last year in 

which the available CAP supply was sufficient to 

fill all orders for CAP NIA priority water in a 

manner consistent with the settlement agreements 

with those Tribes. 

(E) LEASES AND EXCHANGES OF HUALAPAI TRIBE CAP

WATER.—On and after the date on which the Hualapai 

Tribe water delivery contract becomes effective, the 

Hualapai Tribe may, with the approval of the Secretary, 

enter into contracts or options to lease, or contracts or 

options to exchange, the Hualapai Tribe CAP water within 

the lower basin in the State, and not in Navajo, Apache, 

or Cochise Counties, providing for the temporary delivery 

to other persons of any portion of Hualapai Tribe CAP 

water. 

(F) TERM OF LEASES AND EXCHANGES.— 

(i) LEASING.—Contracts or options to lease under 

subparagraph (E) shall be for a term of not more 

than 100 years. 

(ii) EXCHANGING.—Contracts or options to 

exchange under subparagraph (E) shall be for the term 

provided for in the contract or option, as applicable. 

(iii) RENEGOTIATION.—The Hualapai Tribe may, 

with the approval of the Secretary, renegotiate any 

lease described in subparagraph (E), at any time 

during the term of the lease, if the term of the renegotiated lease does not exceed 100 years. 

(G) PROHIBITION ON PERMANENT ALIENATION.—No 

Hualapai Tribe CAP water may be permanently alienated. 

(H) NO FIRMING OF LEASED WATER.—The firming 

obligations described in subsection (b)(1) shall not apply 
S. 4104—31 

to any Hualapai Tribe CAP water leased by the Hualapai 

Tribe to another person. 

(I) ENTITLEMENT TO LEASE AND EXCHANGE FUNDS; 

OBLIGATIONS OF UNITED STATES.— 

(i) ENTITLEMENT.— 

(I) IN GENERAL.—The Hualapai Tribe shall be 

entitled to all consideration due to the Hualapai 

Tribe under any contract to lease, option to lease, 

contract to exchange, or option to exchange the 

Hualapai Tribe CAP water entered into by the 

Hualapai Tribe. 

(II) EXCLUSION.—The United States shall not, 

in any capacity, be entitled to the consideration 

described in subclause (I). 

(ii) OBLIGATIONS OF UNITED STATES.—The United 

States shall not, in any capacity, have any trust or 

other obligation to monitor, administer, or account for, 

in any manner, any funds received by the Hualapai 

Tribe as consideration under any contract to lease, 

option to lease, contract to exchange, or option to 

exchange the Hualapai Tribe CAP water entered into 

by the Hualapai Tribe, except in a case in which the 

Hualapai Tribe deposits the proceeds of any lease, 

option to lease, contract to exchange, or option to 

exchange into an account held in trust for the Hualapai 

Tribe by the United States. 

(J) WATER USE AND STORAGE.— 

(i) IN GENERAL.—The Hualapai Tribe may use the 

Hualapai Tribe CAP water on or off the Hualapai 

Reservation within the lower basin in the State for 

any purpose. 

(ii) STORAGE.—The Hualapai Tribe, in accordance 

with State law, may store the Hualapai Tribe CAP 

water at 1 or more underground storage facilities or 

groundwater savings facilities, subject to the condition 

that, if the Hualapai Tribe stores Hualapai Tribe CAP 

water that has been firmed pursuant to subsection 

(b)(1), the stored water may only be— 

(I) used by the Hualapai Tribe; or 

(II) exchanged by the Hualapai Tribe for water 

that will be used by the Hualapai Tribe. 

(iii) ASSIGNMENT.—The Hualapai Tribe, in accordance with State law, may assign any long-term storage 

credit accrued as a result of storage described in clause 

(ii), subject to the condition that the Hualapai Tribe 

shall not assign any long-term storage credit accrued 

as a result of the storage of Hualapai Tribe CAP water 

that has been firmed pursuant to subsection (b)(1). 

(K) USE OUTSIDE STATE.—The Hualapai Tribe may not 

use, lease, exchange, forbear, or otherwise transfer any 

Hualapai Tribe CAP water for use directly or indirectly 

outside of the lower basin in the State. 

(L) CAP FIXED OM&R CHARGES.— 

(i) IN GENERAL.—The CAP operating agency shall 

be paid the CAP fixed OM&R charges associated with 

the delivery of all Hualapai Tribe CAP water. 
S. 4104—32 

(ii) PAYMENT OF CHARGES.—Except as provided in 

subparagraph (O), all CAP fixed OM&R charges associated with the delivery of the Hualapai Tribe CAP 

water to the Hualapai Tribe shall be paid by— 

(I) the Secretary, pursuant to section 

403(f)(2)(A) of the Colorado River Basin Project 

Act (43 U.S.C. 1543(f)(2)(A)), subject to the condition that funds for that payment are available 

in the Lower Colorado River Basin Development 

Fund; and 

(II) if the funds described in subclause (I) 

become unavailable, the Hualapai Tribe. 

(M) CAP PUMPING ENERGY CHARGES.— 

(i) IN GENERAL.—The CAP operating agency shall 

be paid the CAP pumping energy charges associated 

with the delivery of Hualapai Tribe CAP water only 

in cases in which the CAP system is used for the 

delivery of that water. 

(ii) PAYMENT OF CHARGES.—Except for CAP water 

not delivered through the CAP system, which does 

not incur a CAP pumping energy charge, or water 

delivered to other persons as described in subparagraph (O), any applicable CAP pumping energy charges 

associated with the delivery of the Hualapai Tribe 

CAP water shall be paid by the Hualapai Tribe. 

(N) WAIVER OF PROPERTY TAX EQUIVALENCY PAYMENTS.—No property tax or in-lieu property tax equivalency shall be due or payable by the Hualapai Tribe for 

the delivery of CAP water or for the storage of CAP water 

in an underground storage facility or groundwater savings 

facility. 

(O) LESSEE RESPONSIBILITY FOR CHARGES.— 

(i) IN GENERAL.—Any lease or option to lease providing for the temporary delivery to other persons of 

any Hualapai Tribe CAP water shall require the lessee 

to pay the CAP operating agency all CAP fixed OM&R 

charges and all CAP pumping energy charges associated with the delivery of the leased water. 

(ii) NO RESPONSIBILITY FOR PAYMENT.—Neither the 

Hualapai Tribe nor the United States in any capacity 

shall be responsible for the payment of any charges 

associated with the delivery of the Hualapai Tribe 

CAP water leased to other persons. 

(P) ADVANCE PAYMENT.—No Hualapai Tribe CAP water 

shall be delivered unless the CAP fixed OM&R charges 

and any applicable CAP pumping energy charges associated 

with the delivery of that water have been paid in advance. 

(Q) CALCULATION.—The charges for delivery of the 

Hualapai Tribe CAP water pursuant to the Hualapai Tribe 

water delivery contract shall be calculated in accordance 

with the CAP repayment stipulation. 

(R) CAP REPAYMENT.—For purposes of determining the 

allocation and repayment of costs of any stages of the 

CAP system constructed after November 21, 2007, the costs 

associated with the delivery of the Hualapai Tribe CAP 

water, regardless of whether the Hualapai Tribe CAP water 

is delivered for use by the Hualapai Tribe or in accordance 
S. 4104—33 

with any lease, option to lease, exchange, or option to 

exchange providing for the delivery to other persons of 

the Hualapai Tribe CAP water, shall be— 

(i) nonreimbursable; and 

(ii) excluded from the repayment obligation of the 

Central Arizona Water Conservation District. 

(S) NONREIMBURSABLE CAP CONSTRUCTION COSTS.— 

(i) IN GENERAL.—With respect to the costs associated with the construction of the CAP system allocable 

to the Hualapai Tribe— 

(I) the costs shall be nonreimbursable; and 

(II) the Hualapai Tribe shall have no repayment obligation for the costs. 

(ii) CAPITAL CHARGES.—No CAP water service capital charges shall be due or payable for the Hualapai 

Tribe CAP water, regardless of whether the Hualapai 

Tribe CAP water is delivered— 

(I) for use by the Hualapai Tribe; or 

(II) under any lease, option to lease, exchange, 

or option to exchange entered into by the Hualapai 

Tribe. 

(d) COLORADO RIVER ACCOUNTING.—All Hualapai Tribe CAP 

water diverted directly from the Colorado River shall be accounted 

for as deliveries of CAP water within the State. 

SEC. 14. ENFORCEABILITY DATE. 

(a) IN GENERAL.—Except as provided in subsection (d), the 

Hualapai Tribe water rights settlement agreement, including the 

waivers and releases of claims described in section 9, shall take 

effect and be fully enforceable on the date on which the Secretary 

publishes in the Federal Register a statement of findings that— 

(1) to the extent the Hualapai Tribe water rights settlement 

agreement conflicts with this Act— 

(A) the Hualapai Tribe water rights settlement agreement has been revised through an amendment to eliminate 

the conflict; and 

(B) the revised Hualapai Tribe water rights settlement 

agreement, including any exhibits requiring execution by 

any party to the Hualapai Tribe water rights settlement 

agreement, has been executed by the required party; 

(2) the waivers and releases of claims described in section 

9 have been executed by the Hualapai Tribe and the United 

States; 

(3) the abstracts referred to in subparagraphs 4.8.1.2, 

4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement agreement have been completed by the Hualapai Tribe; 

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

by section 7(b), has been deposited in the Hualapai Water 

Trust Fund Account; 

(5) the Gila River adjudication decree has been approved 

by the Gila River adjudication court substantially in the form 

of the judgment and decree attached to the Hualapai Tribe 

water rights settlement agreement as Exhibit 3.1.43, as 

amended to ensure consistency with this Act; and 

(6) the Secretary has executed the Hualapai Tribe water 

delivery contract described in section 13(c). 

(b) REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE.— 
S. 4104—34 

(1) IN GENERAL.—Except as provided in paragraph (2), if 

the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or 

such alternative later date as may be agreed to by the Hualapai 

Tribe, the Secretary, and the State— 

(A) this Act is repealed; 

(B) any action taken by the Secretary and any contract 

or agreement entered into pursuant to this Act shall be 

void; and 

(C) any amounts appropriated under section 7, together 

with any investment earnings on those amounts, less any 

amounts expended under section 6(a)(4)(B), shall revert 

immediately to the general fund of the Treasury. 

(2) SEVERABILITY.—Notwithstanding paragraph (1), if the 

Secretary fails to publish in the Federal Register a statement 

of findings under subsection (a) by April 15, 2029, or such 

alternative later date as may be agreed to by the Hualapai 

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

(a), (b), (c), and (d) of section 12 shall remain in effect. 

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

the Federal Register the statement of findings under subsection 

(a) by April 15, 2029, or such alternative later date as may be 

agreed to by the Hualapai Tribe, the Secretary, and the State, 

the United States shall be entitled to offset any Federal amounts 

made available under section 6(a)(4)(B) that were used or authorized 

for any use under that section against any claim asserted by the 

Hualapai Tribe against the United States described in section 

9(a)(2)(A). 

(d) BILL WILLIAMS RIVER PHASE 2 ENFORCEABILITY DATE.— 

Notwithstanding any other provision of this Act, the Bill Williams 

River phase 2 water rights settlement agreement (including the 

waivers and releases described in section 9(d) of this Act and 

section 5 of the Bill Williams River phase 2 water rights settlement 

agreement) shall take effect and become enforceable among the 

parties to the Bill Williams River phase 2 water rights settlement 

agreement on the date on which all of the following conditions 

have occurred: 

(1) The Hualapai Tribe water rights settlement agreement 

becomes enforceable pursuant to subsection (a). 

(2) Freeport has submitted to the Arizona Department 

of Water Resources a conditional withdrawal of any objection 

to the Bill Williams River watershed instream flow applications 

pursuant to section 4.4(i) of the Bill Williams River phase 

2 water rights settlement agreement, which withdrawal shall 

take effect on the Bill Williams River Phase 2 Enforceability 

Date described in this subsection. 

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

Department of Water Resources has issued an appealable, 

conditional decision and order for the Bill Williams River watershed instream flow applications pursuant to section 4.4(iii) 

of the Bill Williams River phase 2 water rights settlement 

agreement, which order shall become nonconditional and effective on the Bill Williams River Phase 2 Enforceability Date 

described in this subsection. 

(4) The conditional decision and order described in paragraph (3)— 

(A) becomes final; and 
S. 4104—35 

(B) is not subject to any further appeal. 

SEC. 15. ADMINISTRATION. 

(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

(1) WAIVER.— 

(A) IN GENERAL.—In any circumstance described in 

paragraph (2)— 

(i) the United States or the Hualapai Tribe may 

be joined in the action described in the applicable 

subparagraph of that paragraph; and 

(ii) subject to subparagraph (B), any claim by the 

United States or the Hualapai Tribe to sovereign 

immunity from the action is waived. 

(B) LIMITATION.—A waiver under subparagraph 

(A)(ii)— 

(i) shall only be for the limited and sole purpose 

of the interpretation or enforcement of— 

(I) this Act; 

(II) the Hualapai Tribe water rights settlement 

agreement, as ratified by this Act; or 

(III) the Bill Williams River phase 2 water 

right settlement agreement, as ratified by this Act; 

and 

(ii) shall not include any award against the United 

States or the Hualapai Tribe for money damages, court 

costs, or attorney fees. 

(2) CIRCUMSTANCES DESCRIBED.—A circumstance referred 

to in paragraph (1)(A) is any of the following: 

(A) Any party to the Hualapai Tribe water rights settlement agreement— 

(i) brings an action in any court of competent 

jurisdiction relating only and directly to the interpretation or enforcement of— 

(I) this Act; or 

(II) the Hualapai Tribe water rights settlement 

agreement; and 

(ii) names the United States or the Hualapai Tribe 

as a party in that action. 

(B) Any landowner or water user in the Verde River 

Watershed— 

(i) brings an action in any court of competent 

jurisdiction relating only and directly to the interpretation or enforcement of— 

(I) paragraph 10.0 of the Hualapai Tribe water 

rights settlement agreement; 

(II) Exhibit 3.1.43 to the Hualapai Tribe water 

rights settlement agreement; or 

(III) section 9; and 

(ii) names the United States or the Hualapai Tribe 

as a party in that action. 

(C) Any party to the Bill Williams River phase 2 settlement agreement— 

(i) brings an action in any court of competent 

jurisdiction relating only and directly to the interpretation or enforcement of— 

(I) this Act; or 
S. 4104—36 

(II) the Bill Williams River phase 2 settlement 

agreement; and 

(ii) names the United States or the Hualapai Tribe 

as a party in that action. 

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

the law with respect to pre-enforcement review of Federal environmental or safety-related enforcement actions. 

(c) BASIN GROUNDWATER WITHDRAWAL ESTIMATES.— 

(1) GROUNDWATER WITHDRAWAL ESTIMATES.— 

(A) IN GENERAL.—Not later than 1 year of the date 

of enactment of this Act, the Secretary, acting through 

the United States Geological Survey Water Use Program, 

shall issue an estimate for groundwater withdrawals in 

the Truxton Basin outside the boundaries of the Hualapai 

Reservation. 

(B) ANNUAL ESTIMATES.—Each year after publication 

of the initial estimate required by subparagraph (A), the 

Secretary, acting through the United States Geological 

Survey Water Use Program, shall issue an estimate for 

groundwater withdrawals in the Truxton Basin outside 

the boundaries of the Hualapai Reservation until such 

time as the Secretary, after consultation with the Hualapai 

Tribe, determines that annual estimates are not warranted. 

(2) NOTICE TO THE STATE.—Based on the estimates under 

paragraph (1), the Secretary shall notify the State, in writing, 

if the total withdrawal of groundwater from the Truxton Basin 

outside the boundaries of the Hualapai Reservation exceeds 

the estimate prepared pursuant to that paragraph by 3,000 

or more AFY, exclusive of any diversion or use of groundwater 

on Hualapai fee land and any land acquired by the Hualapai 

Tribe, including by a tribally owned corporation, in fee after 

the Enforceability Date. 

(d) ANTIDEFICIENCY.—Notwithstanding any authorization of 

appropriations to carry out this Act, the United States shall not 

be liable for any failure of the United States to carry out any 

obligation or activity authorized by this Act (including all agreements or exhibits ratified or confirmed by this Act) if— 

(1) adequate appropriations are not provided expressly by 

Congress to carry out the purposes of this Act; or 

(2) there are not enough monies available to carry out 

this Act in the Lower Colorado River Basin Development Fund. 

(e) APPLICATION OF RECLAMATION REFORM ACT OF 1982.—The 

Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and 

any other acreage limitation or full-cost pricing provision of Federal 

law shall not apply to any person, entity, or tract of land solely 

on the basis of— 

(1) receipt of any benefit under this Act; 

(2) execution or performance of this Act; or 

(3) the use, storage, delivery, lease, or exchange of CAP 

water. 

(f) EFFECT.— 

(1) NO MODIFICATION OR PREEMPTION OF OTHER LAW.— 

Unless expressly provided in this Act, nothing in this Act 

modifies, conflicts with, preempts, or otherwise affects— 

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

et seq.); 
S. 4104—37 

(B) the Boulder Canyon Project Adjustment Act (43 

U.S.C. 618 et seq.); 

(C) the Act of April 11, 1956 (commonly known as 

the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 

et seq.); 

(D) the Colorado River Basin Project Act (Public Law 

90–537; 82 Stat. 885); 

(E) the Treaty between the United States of America 

and Mexico respecting utilization of waters of the Colorado 

and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219); 

(F) the Colorado River Compact; 

(G) the Upper Colorado River Basin Compact; 

(H) the Omnibus Public Land Management Act of 2009 

(Public Law 111–11; 123 Stat. 991); or 

(I) case law concerning water rights in the Colorado 

River system other than any case to enforce the Hualapai 

Tribe water rights settlement agreement or this Act. 

(2) EFFECT ON AGREEMENTS.—Nothing in this Act or the 

Hualapai Tribe water rights settlement agreement limits the 

right of the Hualapai Tribe to enter into any agreement for 

the storage or banking of water in accordance with State law 

with— 

(A) the Arizona Water Banking Authority (or a successor agency or entity); or 

(B) any other lawful authority. 

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

(A) quantifies or otherwise affects the water rights, 

claims, or entitlements to water of any Indian Tribe other 

than the Hualapai Tribe; 

(B) affects the ability of the United States to take 

action on behalf of any Indian Tribe other than the 

Hualapai Tribe, the members of the Hualapai Tribe, and 

the allottees; or 

(C) limits the right of the Hualapai Tribe to use any 

water of the Hualapai Tribe in any location on the Hualapai 

Reservation. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.