117TH CONGRESS 

2D SESSION S. 4104 

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. 

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

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

3 Rights Settlement Act of 2022’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

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

7 rights to water in the State, including the Verde 

8 River, the Bill Williams River, and the Colorado 

9 River, of— 

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

11 Hualapai Tribe and the members of the 

12 Hualapai Tribe; and 

13 (B) the United States, acting as trustee 

14 for the Hualapai Tribe, the members of the 

15 Hualapai Tribe, and the allottees; 

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

17 Hualapai Tribe water rights settlement agreement, 

18 to the extent that agreement is consistent with this 

19 Act; 

20 (3) to authorize and direct the Secretary to exe21 cute and perform the duties and obligations of the 

22 Secretary under the Hualapai Tribe water rights 

23 settlement agreement and this Act; and 

24 (4) to authorize the appropriation of funds nec25 essary to carry out the Hualapai Tribe water rights 

26 settlement agreement and this Act. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

5 Agreement, including exhibits to the Judgment and 

6 the Stipulation and Agreement, entered on March 

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

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

9 Hualapai Tribe water rights settlement agreement 

10 as Exhibit 3.1.1. 

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

12 per year. 

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

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

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

16 individual Indians in the Big Sandy River basin 

17 in Mohave County, Arizona, under the patents 

18 numbered 1039995, 1039996, 1039997, and 

19 1019494; and 

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

21 2 on the map attached to the Hualapai Tribe 

22 water rights settlement agreement as Exhibit 

23 3.1.6. 

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

25 any Indian owner of an allotment. 
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1 (5) AVAILABLE CAP SUPPLY.—The term ‘‘avail2 able CAP supply’’ means, for any year— 

3 (A) all fourth priority water available for 

4 delivery through the Central Arizona Project; 

5 (B) water available from Central Arizona 

6 Project dams and reservoirs other than the 

7 Modified Roosevelt Dam; and 

8 (C) return flows captured by the Secretary 

9 for Central Arizona Project use. 

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

12 Rights Settlement Act of 2014 (Public Law 113– 

13 223; 128 Stat. 2096). 

14 (7) BILL WILLIAMS AGREEMENTS.—The term 

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

16 Restated Big Sandy River-Planet Ranch Water 

17 Rights Settlement Agreement and the Amended and 

18 Restated Hualapai Tribe Bill Williams River Water 

19 Rights Settlement Agreement, including all exhibits 

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

22 settlement agreement as Exhibit 3.1.11. 

23 (8) BILL WILLIAMS RIVER PHASE 2 ENFORCE24 ABILITY DATE.—The term ‘‘Bill Williams River 
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1 Phase 2 Enforceability Date’’ means the date de2 scribed in section 14(d). 

3 (9) BILL WILLIAMS RIVER PHASE 2 WATER

4 RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 

5 Williams River phase 2 water rights settlement 

6 agreement’’ means the agreement of that name that 

7 is attached to, and incorporated in, the Hualapai 

8 Tribe water rights settlement agreement as Exhibit 

9 4.3.3. 

10 (10) CAP CONTRACT.—The term ‘‘CAP con11 tract’’ means a long-term contract (as defined in the 

12 CAP repayment stipulation) with the United States 

13 for delivery of CAP water through the CAP system. 

14 (11) CAP CONTRACTOR.— 

15 (A) IN GENERAL.—The term ‘‘CAP con16 tractor’’ means a person that has entered into 

17 a CAP contract. 

18 (B) INCLUSION.—The term ‘‘CAP con19 tractor’’ includes the Hualapai Tribe. 

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

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

22 the term ‘‘Fixed OM&R Charge’’ in the CAP repay23 ment stipulation. 

24 (13) CAP M&I PRIORITY WATER.—The term 

25 ‘‘CAP M&I priority water’’ means water within the 
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1 available CAP supply having a municipal and indus2 trial delivery priority. 

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

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

5 available CAP supply having a non-Indian agricul6 tural delivery priority. 

7 (15) CAP OPERATING AGENCY.—The term 

8 ‘‘CAP operating agency’’ means— 

9 (A) the 1 or more entities authorized to as10 sume responsibility for the care, operation, 

11 maintenance, and replacement of the CAP sys12 tem; and 

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

14 Act, the Central Arizona Water Conservation 

15 District. 

16 (16) CAP PUMPING ENERGY CHARGE.—The 

17 term ‘‘CAP pumping energy charge’’ has the mean18 ing given the term ‘‘Pumping Energy Charge’’ in the 

19 CAP repayment stipulation. 

20 (17) CAP REPAYMENT CONTRACT.—The term 

21 ‘‘CAP repayment contract’’ means— 

22 (A) the contract dated December 1, 1988 

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

24 1), between the United States and the Central 

25 Arizona Water Conservation District for the 
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1 Delivery of Water and Repayment of Costs of 

2 the Central Arizona Project; and 

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

4 contract. 

5 (18) CAP REPAYMENT STIPULATION.—The 

6 term ‘‘CAP repayment stipulation’’ means the Stipu7 lated Judgment and the Stipulation for Judgment, 

8 including any exhibits to those documents, entered 

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

10 Court for the District of Arizona in the consolidated 

11 civil action Central Arizona Water Conservation Dis12 trict v. United States, numbered CIV 95–625–TUC– 

13 WDB (EHC) and CIV 95–1720–PHX–EHC. 

14 (19) CAP SUBCONTRACT.—The term ‘‘CAP sub15 contract’’ means a long-term subcontract (as defined 

16 in the CAP repayment stipulation) with the United 

17 States and the Central Arizona Water Conservation 

18 District for the delivery of CAP water through the 

19 CAP system. 

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

21 subcontractor’’ means a person that has entered into 

22 a CAP subcontract. 

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

24 means— 

25 (A) the Mark Wilmer Pumping Plant; 
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1 (B) the Hayden-Rhodes Aqueduct; 

2 (C) the Fannin-McFarland Aqueduct; 

3 (D) the Tucson Aqueduct; 

4 (E) any pumping plant or appurtenant 

5 work of a feature described in subparagraph 

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

7 (F) any extension of, addition to, or re8 placement for a feature described in subpara9 graph (A), (B), (C), (D), or (E). 

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

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

12 CAP repayment stipulation. 

13 (23) CENTRAL ARIZONA PROJECT.—The term 

14 ‘‘Central Arizona Project’’ means the reclamation 

15 project authorized and constructed by the United 

16 States in accordance with title III of the Colorado 

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

18 (24) CENTRAL ARIZONA WATER CONSERVATION

19 DISTRICT.—The term ‘‘Central Arizona Water Con20 servation District’’ means the political subdivision of 

21 the State that is the contractor under the CAP re22 payment contract. 

23 (25) COLORADO RIVER COMPACT.—The term 

24 ‘‘Colorado River Compact’’ means the Colorado 

25 River Compact of 1922, as ratified and reprinted in 
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1 article 2 of chapter 7 of title 45, Arizona Revised 

2 Statutes. 

3 (26) COLORADO RIVER WATER ENTITLE4 MENT.—The term ‘‘Colorado River water entitle5 ment’’ means the right or authorization to use Colo6 rado River water in the State through a mainstem 

7 contract with the Secretary pursuant to section 5 of 

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

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

10 an act to divert. 

11 (28) DIVERT.—The term ‘‘divert’’ means to re12 ceive, withdraw, develop, produce, or capture water 

13 using— 

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

15 pit, collection or infiltration gallery, conduit, 

16 well, pump, turnout, dam, or any other mechan17 ical device; or 

18 (B) any other act of man. 

19 (29) DOMESTIC PURPOSE.— 

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

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

22 service, or activity of a household or private res23 idence. 

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

25 purpose’’ includes the application of water to 
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1 not more than 2 acres of land to produce a 

2 plant or parts of a plant for— 

3 (i) sale or human consumption; or 

4 (ii) use as feed for livestock, range 

5 livestock, or poultry. 

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

7 water that— 

8 (A) has been used in the State for domes9 tic, municipal, or industrial purposes, other 

10 than solely for hydropower generation; and 

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

12 regardless or whether the water has been treat13 ed to improve the quality of the water. 

14 (31) ENFORCEABILITY DATE.—The term ‘‘En15 forceability Date’’ means the date described in sec16 tion 14(a). 

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

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

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

20 to use the water the person provides in the trade, re21 gardless of whether the water is traded in equal 

22 quantities or other consideration is included in the 

23 trade. 

24 (33) FOURTH PRIORITY WATER.—The term 

25 ‘‘fourth priority water’’ means Colorado River water 
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1 that is available for delivery in the State for the sat2 isfaction of entitlements— 

3 (A) in accordance with contracts, Secre4 tarial reservations, perfected rights, and other 

5 arrangements between the United States and 

6 water users in the State entered into or estab7 lished after September 30, 1968, for use on 

8 Federal, State, or privately owned land in the 

9 State, in a total quantity of not greater than 

10 164,652 AFY of diversions; and 

11 (B) after first providing for the delivery of 

12 Colorado River water for the CAP system, in13 cluding for use on Indian land, under section 

14 304(e) of the Colorado River Basin Project Act 

15 (43 U.S.C. 1524(e)), in accordance with the 

16 CAP repayment contract. 

17 (34) FREEPORT.— 

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

19 means the Delaware corporation named ‘‘Free20 port Minerals Corporation’’. 

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

22 includes all subsidiaries, affiliates, successors, 

23 and assigns of Freeport Minerals Corporation, 

24 including Byner Cattle Company, a Nevada cor25 poration. 
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1 (35) GILA RIVER ADJUDICATION.—The term 

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

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

4 County of Maricopa, In Re the General Adjudication 

5 of All Rights To Use Water In The Gila River Sys6 tem and Source, W–1 (Salt), W–2 (Verde), W–3 

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

8 (36) GILA RIVER ADJUDICATION COURT.—The 

9 term ‘‘Gila River adjudication court’’ means the Su10 perior Court of the State, in and for the County of 

11 Maricopa, exercising jurisdiction over the Gila River 

12 adjudication. 

13 (37) GILA RIVER ADJUDICATION DECREE.—The 

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

15 judgment or decree entered by the Gila River adju16 dication court in substantially the same form as the 

17 form of judgment attached to the Hualapai Tribe 

18 water rights settlement agreement as Exhibit 3.1.43. 

19 (38) GROUNDWATER.—The term ‘‘ground20 water’’ means all water beneath the surface of the 

21 Earth within the State that is not— 

22 (A) surface water; 

23 (B) effluent; or 

24 (C) Colorado River water. 
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1 (39) HUALAPAI FEE LAND.—The term 

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

3 Hualapai trust land, that— 

4 (A) is located in the State; 

5 (B) is located outside the exterior bound6 aries of the Hualapai Reservation or Hualapai 

7 trust land; and 

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

9 by the Hualapai Tribe, including by a tribally 

10 owned corporation. 

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

12 land’’ means— 

13 (A) the Hualapai Reservation; 

14 (B) Hualapai trust land; and 

15 (C) Hualapai fee land. 

16 (41) HUALAPAI RESERVATION.—The term 

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

18 exterior boundaries of the Hualapai Reservation, in19 cluding— 

20 (A) all land withdrawn by the Executive 

21 order dated January 4, 1883, as modified by 

22 the May 28, 1942, order of the Secretary pur23 suant to the Act of February 20, 1925 (43 

24 Stat. 954, chapter 273); 
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1 (B) the land identified by the Executive or2 ders dated December 22, 1898, May 14, 1900, 

3 and June 2, 1911; and 

4 (C) the land added to the Hualapai Res5 ervation by sections 11 and 12. 

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

7 Tribe’’ means the Hualapai Tribe, a federally recog8 nized Indian Tribe of Hualapai Indians organized 

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

10 U.S.C. 5123) (commonly known as the ‘‘Indian Re11 organization Act’’). 

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

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

14 of the CAP NIA priority water that— 

15 (A) was previously allocated to non-Indian 

16 agricultural entities; 

17 (B) was retained by the Secretary for re18 allocation to Indian Tribes in the State pursu19 ant to section 104(a)(1)(A)(iii) of the Central 

20 Arizona Project Settlement Act of 2004 (Public 

21 Law 108–451; 118 Stat. 3487); and 

22 (C) is reallocated to the Hualapai Tribe 

23 pursuant to section 13. 

24 (44) HUALAPAI TRIBE WATER DELIVERY CON25 TRACT.—The term ‘‘Hualapai Tribe water delivery 
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1 contract’’ means the contract entered into in accord2 ance with the Hualapai Tribe water rights settle3 ment agreement and section 13(c) for the delivery of 

4 Hualapai Tribe CAP water. 

5 (45) HUALAPAI TRIBE WATER RIGHTS SETTLE6 MENT AGREEMENT.— 

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

8 Tribe water rights settlement agreement’’ 

9 means the agreement, including exhibits, enti10 tled ‘‘Hualapai Tribe Water Rights Settlement 

11 Agreement’’ and dated February 11, 2019. 

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

13 Tribe water rights settlement agreement’’ in14 cludes— 

15 (i) any amendments necessary to 

16 make the Hualapai Tribe water rights set17 tlement agreement consistent with this 

18 Act; and 

19 (ii) any other amendments approved 

20 by the parties to the Hualapai Tribe water 

21 rights settlement agreement and the Sec22 retary. 

23 (46) HUALAPAI TRUST LAND.—The term 

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

25 Hualapai fee land, that is— 
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1 (A) located— 

2 (i) in the State; and 

3 (ii) outside the exterior boundaries of 

4 the Hualapai Reservation; and 

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

6 trust by the United States for the benefit of the 

7 Hualapai Tribe. 

8 (47) HUALAPAI WATER PROJECT.—The term 

9 ‘‘Hualapai Water Project’’ means the project con10 structed in accordance with section 6(a)(7)(A). 

11 (48) HUALAPAI WATER TRUST FUND AC12 COUNT.—The term ‘‘Hualapai Water Trust Fund 

13 Account’’ means the account established under sec14 tion 6(a)(1). 

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

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

17 Indian Self-Determination and Education Assistance 

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

19 (50) INJURY TO WATER RIGHTS.— 

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

21 water rights’’ means any interference with, dim22 inution of, or deprivation of, a water right 

23 under Federal, State, or other law. 
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1 (B) EXCLUSION.—The term ‘‘injury to 

2 water rights’’ does not include any injury to 

3 water quality. 

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

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

6 the Colorado River Compact. 

7 (52) LOWER COLORADO RIVER BASIN DEVELOP8 MENT FUND.—The term ‘‘Lower Colorado River 

9 Basin Development Fund’’ means the fund estab10 lished by section 403(a) of the Colorado River Basin 

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

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

13 any person duly enrolled as a member of the 

14 Hualapai Tribe. 

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

16 (A) any recurring or ongoing activity relat17 ing to the day-to-day operation of a project; 

18 (B) any activity relating to scheduled or 

19 unscheduled maintenance of a project; and 

20 (C) any activity relating to replacing a fea21 ture of a project. 

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

23 the parcel of land that is— 

24 (A) depicted as 3 contiguous allotments 

25 identified as 1A, 1B, and 1C on the map at-
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1 tached to the Hualapai Tribe water rights set2 tlement agreement as Exhibit 3.1.6; and 

3 (B) held in trust for certain allottees. 

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

5 the parcel of land that is— 

6 (A) depicted as ‘‘Parcel 2’’ on the map at7 tached to the Hualapai Tribe water rights set8 tlement agreement as Exhibit 3.1.6; and 

9 (B) held in trust for certain allottees. 

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

11 the parcel of land that is— 

12 (A) depicted as ‘‘Parcel 3’’ on the map at13 tached to the Hualapai Tribe water rights set14 tlement agreement as Exhibit 3.1.6; 

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

16 and 

17 (C) part of the Hualapai Reservation pur18 suant to Executive Order 1368, dated June 2, 

19 1911. 

20 (58) PARTY.—The term ‘‘party’’ means a per21 son that is a signatory to the Hualapai Tribe water 

22 rights settlement agreement. 

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

24 means the Secretary of the Interior. 
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1 (60) STATE.—The term ‘‘State’’ means the 

2 State of Arizona. 

3 (61) STOCK WATERING.—The term ‘‘stock wa4 tering’’ means the watering of livestock, range live5 stock, or poultry. 

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

7 water’’ means all water in the State that is appro8 priable under State law. 

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

10 Basin’’ means the groundwater aquifer described in 

11 the report issued by the United States Geological 

12 Survey entitled ‘‘Groundwater Availability in the 

13 Truxton Basin, Northwestern Arizona’’, Scientific 

14 Investigations Report No. 2020–5017–A. 

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

16 without a modifying adjective, means— 

17 (A) groundwater; 

18 (B) surface water; 

19 (C) effluent; and 

20 (D) Colorado River water. 

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

22 means any right in or to groundwater, surface 

23 water, effluent, or Colorado River water under Fed24 eral, State, or other law. 
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1 SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 

2 TRIBE WATER RIGHTS SETTLEMENT AGREE3 MENT. 

4 (a) RATIFICATION.— 

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

6 Act and to the extent the Hualapai Tribe water 

7 rights settlement agreement does not conflict with 

8 this Act, the Hualapai Tribe water rights settlement 

9 agreement is authorized, ratified, and confirmed. 

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

11 Hualapai Tribe water rights settlement agreement, 

12 or to any exhibit attached to the Hualapai Tribe 

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

15 with this Act to make the Hualapai Tribe water 

16 rights settlement agreement consistent with this Act, 

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

19 with this Act. 

20 (b) EXECUTION.— 

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

22 Tribe water rights settlement agreement does not 

23 conflict with this Act, the Secretary shall execute the 

24 Hualapai Tribe water rights settlement agreement, 

25 including all exhibits to, or parts of, the Hualapai 
21 

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1 Tribe water rights settlement agreement requiring 

2 the signature of the Secretary. 

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

5 to an appendix or exhibit to the Hualapai Tribe 

6 water rights settlement agreement that is consistent 

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

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

10 or any other applicable provision of Federal law. 

11 (c) ENVIRONMENTAL COMPLIANCE.— 

12 (1) IN GENERAL.—In implementing the 

13 Hualapai Tribe water rights settlement agreement 

14 (including all exhibits to the Hualapai Tribe water 

15 rights settlement agreement requiring the signature 

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

17 comply with all applicable provisions of— 

18 (A) the Endangered Species Act of 1973 

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

20 (B) the National Environmental Policy Act 

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

22 implementing regulations of that Act; and 

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

25 (2) COMPLIANCE.— 
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1 (A) IN GENERAL.—In implementing the 

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

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

6 of— 

7 (i) the Endangered Species Act of 

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

9 (ii) the National Environmental Policy 

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

12 that Act; and 

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

15 (B) AUTHORIZATIONS.—The Secretary 

16 shall— 

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

19 (A); and 

20 (ii) be responsible for the accuracy, 

21 scope, and contents of that documentation. 

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

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

25 constitute a major action for purposes of the Na-
23 

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

2 4321 et seq.). 

3 SEC. 5. WATER RIGHTS. 

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

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

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

8 (A) The water rights for the Hualapai 

9 Reservation described in subparagraph 4.2 of 

10 the Hualapai Tribe water rights settlement 

11 agreement. 

12 (B) The water rights for Hualapai trust 

13 land described in subparagraph 4.4 of the 

14 Hualapai Tribe water rights settlement agree15 ment. 

16 (C) The water rights described in section 

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

18 United States for the benefit of the Hualapai 

19 Tribe— 

20 (i) after the Enforceability Date; and 

21 (ii) in accordance with section 

22 12(e)(1). 

23 (D) All Hualapai Tribe CAP water. 

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

25 in trust for the benefit of the allottees all water 
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1 rights for the allotments described in subparagraph 

2 4.3.2 of the Hualapai Tribe water rights settlement 

3 agreement. 

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

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

7 law: 

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

10 Tribe water rights settlement agreement. 

11 (2) The water rights for Hualapai trust land 

12 described in subparagraph 4.4 of the Hualapai Tribe 

13 water rights settlement agreement. 

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

16 with amounts in the Economic Development Fund 

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

19 Rights Settlement Agreement. 

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

23 described in section 8.1 of the Amended and Restated 

24 Hualapai Tribe Bill Williams River Water Rights Settle-
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1 ment Agreement shall be restricted against permanent 

2 alienation by the Hualapai Tribe. 

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

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

5 Hualapai Tribe CAP water in accordance with section 13. 

6 (e) COLORADO RIVER WATER ENTITLEMENTS.— 

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

8 right to use any Colorado River water entitlement 

9 purchased by or donated to the Hualapai Tribe at 

10 the location to which the entitlement is appurtenant 

11 on the date on which the entitlement is purchased 

12 or donated. 

13 (2) STORAGE.— 

14 (A) IN GENERAL.—Subject to paragraphs 

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

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

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

21 with State law. 

22 (B) ASSIGNMENTS.—The Hualapai Tribe 

23 may assign any long-term storage credits ac24 crued as a result of storage under subpara25 graph (A) in accordance with State law. 
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1 (3) TRANSFERS.—The Hualapai Tribe may 

2 transfer the entitlement for use or storage under 

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

6 water rights settlement agreement and all applicable 

7 Federal and State laws governing the transfer of 

8 Colorado River water entitlements within the State. 

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

10 any Colorado River water entitlement for use or 

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

12 a water user within the State, in accordance with 

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

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

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

20 may transport Colorado River water available under 

21 the Colorado River water entitlement through the 

22 Central Arizona Project in accordance with all laws 

23 of the United States and the agreements between 

24 the United States and the Central Arizona Water 

25 Conservation District governing the use of the Cen-
27 

†S 4104 ES

1 tral Arizona Project to transport water other than 

2 CAP water. 

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

4 groundwater under the Hualapai Reservation or Hualapai 

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

8 Reservation or Hualapai trust land, other than under an 

9 exchange. 

10 (g) GROUNDWATER TRANSPORTATION.— 

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

13 Hualapai fee land and away from land acquired in 

14 fee by the Hualapai Tribe, including by a tribally 

15 owned corporation, after the Enforceability Date. 

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

19 Hualapai Reservation by sections 11 and 12 to other 

20 land within the Hualapai Reservation. 

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

23 FUNDING. 

24 (a) HUALAPAI WATER TRUST FUND ACCOUNT.— 
28 

†S 4104 ES

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

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

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

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

10 for the purposes of carrying out this Act. 

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

12 the Hualapai Water Trust Fund Account the 

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

14 (3) MANAGEMENT AND INTEREST.— 

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

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

19 Water Trust Fund Account in a manner that is 

20 consistent with the investment authority of the 

21 Secretary under— 

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

23 24, 1938 (25 U.S.C. 162a); 
29 

†S 4104 ES

1 (ii) the American Indian Trust Fund 

2 Management Reform Act of 1994 (25 

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

4 (iii) this subsection. 

5 (B) INVESTMENT EARNINGS.—In addition 

6 to the deposits made to the Hualapai Water 

7 Trust Fund Account under paragraph (2), any 

8 investment earnings, including interest, credited 

9 to amounts held in the Hualapai Water Trust 

10 Fund Account are authorized to be appro11 priated to be used in accordance with para12 graph (7). 

13 (4) AVAILABILITY OF AMOUNTS.— 

14 (A) IN GENERAL.—Amounts appropriated 

15 to, and deposited in, the Hualapai Water Trust 

16 Fund Account, including any investment earn17 ings, shall be made available to the Hualapai 

18 Tribe by the Secretary beginning on the En19 forceability Date, subject to the requirements of 

20 this section. 

21 (B) USE.—Notwithstanding subparagraph 

22 (A), amounts deposited in the Hualapai Water 

23 Trust Fund Account shall be available to the 

24 Hualapai Tribe on the date on which the 
30 

†S 4104 ES

1 amounts are deposited for environmental com2 pliance, as provided in section 8. 

3 (5) WITHDRAWALS.— 

4 (A) WITHDRAWALS UNDER THE AMERICAN

5 INDIAN TRUST FUND MANAGEMENT REFORM

6 ACT OF 1994.— 

7 (i) IN GENERAL.—The Hualapai 

8 Tribe may withdraw any portion of the 

9 amounts in the Hualapai Water Trust 

10 Fund Account on approval by the Sec11 retary of a Tribal management plan sub12 mitted by the Tribe in accordance with the 

13 American Indian Trust Fund Management 

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

15 seq.). 

16 (ii) REQUIREMENTS.—In addition to 

17 the requirements under the American In18 dian Trust Fund Management Reform Act 

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

20 Tribal management plan under this sub21 paragraph shall require that the Hualapai 

22 Tribe spend all amounts withdrawn from 

23 the Hualapai Water Trust Fund Account 

24 and any investment earnings accrued 

25 through the investments under the Tribal 
31 

†S 4104 ES

1 management plan in accordance with this 

2 Act. 

3 (iii) ENFORCEMENT.—The Secretary 

4 may carry out such judicial and adminis5 trative actions as the Secretary determines 

6 to be necessary to enforce the Tribal man7 agement plan under this subparagraph to 

8 ensure that amounts withdrawn by the 

9 Hualapai Tribe from the Hualapai Water 

10 Trust Fund Account under clause (i) are 

11 used in accordance with this Act. 

12 (B) WITHDRAWALS UNDER EXPENDITURE

13 PLAN.— 

14 (i) IN GENERAL.—The Hualapai 

15 Tribe may submit to the Secretary a re16 quest to withdraw funds from the 

17 Hualapai Water Trust Fund Account pur18 suant to an approved expenditure plan. 

19 (ii) REQUIREMENTS.—To be eligible 

20 to withdraw amounts under an expenditure 

21 plan under this subparagraph, the 

22 Hualapai Tribe shall submit to the Sec23 retary an expenditure plan for any portion 

24 of the Hualapai Water Trust Fund Ac25 count that the Hualapai Tribe elects to 
32 

†S 4104 ES

1 withdraw pursuant to this subparagraph, 

2 subject to the condition that the amounts 

3 shall be used for the purposes described in 

4 this Act. 

5 (iii) INCLUSIONS.—An expenditure 

6 plan under this subparagraph shall include 

7 a description of the manner and purpose 

8 for which the amounts proposed to be 

9 withdrawn from the Hualapai Water Trust 

10 Fund Account will be used by the 

11 Hualapai Tribe, in accordance with para12 graph (7). 

13 (iv) APPROVAL.—The Secretary shall 

14 approve an expenditure plan submitted 

15 under clause (ii) if the Secretary deter16 mines that the plan— 

17 (I) is reasonable; and 

18 (II) is consistent with, and will 

19 be used for, the purposes of this Act. 

20 (v) ENFORCEMENT.—The Secretary 

21 may carry out such judicial and adminis22 trative actions as the Secretary determines 

23 to be necessary to enforce an expenditure 

24 plan to ensure that amounts disbursed 
33 

†S 4104 ES

1 under this subparagraph are used in ac2 cordance with this Act. 

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

4 Hualapai Tribe the right to judicial review of a de5 termination of the Secretary relating to whether to 

6 approve a Tribal management plan under paragraph 

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

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

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

10 known as the ‘‘Administrative Procedure Act’’). 

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

12 Trust Fund Account shall be used by the Hualapai 

13 Tribe— 

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

15 related activities, including compliance with 

16 Federal environmental laws under section 8, the 

17 Hualapai Water Project, which shall be de18 signed to divert, treat, and convey up to 3,414 

19 AFY of water from the Colorado River in the 

20 lower basin in the State, including locations on 

21 or directly adjacent to the Hualapai Reserva22 tion, for municipal, commercial, and industrial 

23 uses on the Hualapai Reservation; 

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

25 Water Project; 
34 

†S 4104 ES

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

3 Water Project; 

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

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

7 construct infrastructure for delivery and use of 

8 such groundwater on the Hualapai Reservation; 

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

10 water rights outside the exterior boundaries of 

11 the Hualapai Reservation that are located in 

12 the Truxton Basin; 

13 (F) to reimburse the Hualapai Tribe for 

14 any— 

15 (i) planning, design, and engineering 

16 costs associated with the Hualapai Water 

17 Project that the Hualapai Tribe incurs 

18 using Tribal funds during the period— 

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

21 (II) ending on the Enforceability 

22 Date; and 

23 (ii) construction costs associated with 

24 the Hualapai Water Project that the 
35 

†S 4104 ES

1 Hualapai Tribe incurs using Tribal funds 

2 during the period— 

3 (I) beginning on the date on 

4 which the Secretary issues a record of 

5 decision; and 

6 (II) ending on the Enforceability 

7 Date; and 

8 (G) to make contributions to the Economic 

9 Development Fund described in section 8.1 of 

10 the Amended and Restated Hualapai Tribe Bill 

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

13 Colorado River water entitlements and appur14 tenant land. 

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

18 from the Hualapai Water Trust Fund Account by 

19 the Hualapai Tribe under paragraph (5). 

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

22 using funds from the Hualapai Water Trust Fund 

23 Account shall remain in the Hualapai Tribe. 

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

25 constructed using funds from the Hualapai Water 
36 

†S 4104 ES

1 Trust Fund Account shall be the responsibility of 

2 the Hualapai Tribe. 

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

5 shall be distributed on a per capita basis to any 

6 member of the Hualapai Tribe. 

7 (12) EXPENDITURE REPORTS.—The Hualapai 

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

10 amounts spent from use of withdrawals under a 

11 Tribal management plan or an expenditure plan 

12 under this Act. 

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

15 (1) ESTABLISHMENT.—There is established in 

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

18 Water Settlement Implementation Fund Account’’ 

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

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

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

24 the Implementation Fund Account the amounts 

25 made available pursuant to section 7(a)(2). 
37 

†S 4104 ES

1 (3) USES.—The Implementation Fund Account 

2 shall be used by the Secretary to carry out section 

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

4 Truxton Basin. 

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

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

8 the Implementation Fund Account are authorized to 

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

11 SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 

12 (a) AUTHORIZATIONS.— 

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

15 the Secretary for deposit in the Hualapai Water 

16 Trust Fund Account $312,000,000, to be available 

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

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

21 appropriated to the Secretary for deposit in the 

22 Hualapai Water Settlement Implementation Fund 

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

24 (3) PROHIBITION.—Notwithstanding any other 

25 provision of law, any amounts made available under 
38 

†S 4104 ES

1 paragraph (1) or (2) shall not be made available 

2 from the Reclamation Water Settlements Fund es3 tablished by section 10501(a) of the Omnibus Public 

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

5 (b) FLUCTUATION IN COSTS.— 

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

7 be appropriated under subsection (a)(1) shall be in8 creased or decreased, as appropriate, by such 

9 amounts as may be justified by reason of ordinary 

10 fluctuations in costs occurring after the date of en11 actment of this Act, as indicated by the Bureau of 

12 Reclamation Construction Cost Index—Composite 

13 Trend. 

14 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

15 amount authorized to be appropriated under sub16 section (a)(1) shall be adjusted to address construc17 tion cost changes necessary to account for unfore18 seen market volatility that may not otherwise be 

19 captured by engineering cost indices as determined 

20 by the Secretary, including repricing applicable to 

21 the types of construction and current industry 

22 standards involved. 

23 (3) REPETITION.—The adjustment process 

24 under this subsection shall be repeated for each sub-
39 

†S 4104 ES

1 sequent amount appropriated until the amount au2 thorized, as adjusted, has been appropriated. 

3 (4) PERIOD OF INDEXING.—The period of in4 dexing adjustment for any increment of funding 

5 shall end on the date on which the funds are depos6 ited in the Hualapai Water Trust Fund Account. 

7 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

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

9 of deposit of funds in the Hualapai Water Trust Fund 

10 Account, the Hualapai Tribe may commence any environ11 mental, cultural, and historical compliance activities nec12 essary to implement the Hualapai Tribe water rights set13 tlement agreement and this Act, including activities nec14 essary to comply with all applicable provisions of— 

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

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

17 (2) the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.), including the imple19 menting regulations of that Act; and 

20 (3) all other applicable Federal environmental 

21 or historical and cultural protection laws and regula22 tions. 

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

24 affects or directs the outcome of any analysis under the 

25 National Environmental Policy Act of 1969 (42 U.S.C. 
40 

†S 4104 ES

1 4321 et seq.) or any other applicable Federal environ2 mental or historical and cultural protection law. 

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

4 the performance of the compliance activities under sub5 section (a) shall be paid from funds deposited in the 

6 Hualapai Water Trust Fund Account, subject to the con7 dition that any costs associated with the performance of 

8 Federal approval or other review of such compliance work 

9 or costs associated with inherently Federal functions shall 

10 remain the responsibility of the Secretary. 

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

12 Hualapai Water Project shall not commence until the Sec13 retary issues a record of decision after completion of an 

14 environmental impact statement for the Hualapai Water 

15 Project. 

16 (e) CONSTRUCTION COSTS.—Any costs of construc17 tion incurred by the Hualapai Tribe during the period be18 ginning on the date on which the Secretary issues a record 

19 of decision and ending on the Enforceability Date shall 

20 be paid by the Hualapai Tribe and not from funds depos21 ited in the Hualapai Water Trust Fund Account, subject 

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

23 Hualapai Tribe may be reimbursed after the Enforce24 ability Date from the Hualapai Water Trust Fund Ac-
41 

†S 4104 ES

1 count for any such costs of construction incurred by the 

2 Hualapai Tribe prior to the Enforceability Date. 

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

4 (a) WAIVERS AND RELEASES OF CLAIMS BY THE

5 HUALAPAI TRIBE.— 

6 (1) CLAIMS AGAINST THE STATE AND OTH7 ERS.— 

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

9 subparagraph (C), the Hualapai Tribe, on be10 half of the Hualapai Tribe and the members of 

11 the Hualapai Tribe (but not members in the ca12 pacity of the members as allottees) and the 

13 United States, acting as trustee for the 

14 Hualapai Tribe and the members of the 

15 Hualapai Tribe (but not members in the capac16 ity of the members as allottees), as part of the 

17 performance of the respective obligations of the 

18 Hualapai Tribe and the United States under 

19 the Hualapai Tribe water rights settlement 

20 agreement and this Act, are authorized to exe21 cute a waiver and release of any claims against 

22 the State (or any agency or political subdivision 

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

24 corporation, or municipal corporation under 

25 Federal, State, or other law for all— 
42 

†S 4104 ES

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

2 water rights, including rights to Colorado 

3 River water, for Hualapai land, arising 

4 from time immemorial and, thereafter, for5 ever; 

6 (ii) past, present, and future claims 

7 for water rights, including rights to Colo8 rado River water, arising from time imme9 morial and, thereafter, forever, that are 

10 based on the aboriginal occupancy of land 

11 by the Hualapai Tribe, the predecessors of 

12 the Hualapai Tribe, the members of the 

13 Hualapai Tribe, or predecessors of the 

14 members of the Hualapai Tribe; 

15 (iii) past and present claims for injury 

16 to water rights, including injury to rights 

17 to Colorado River water, for Hualapai 

18 land, arising from time immemorial 

19 through the Enforceability Date; 

20 (iv) past, present, and future claims 

21 for injury to water rights, including injury 

22 to rights to Colorado River water, arising 

23 from time immemorial and, thereafter, for24 ever, that are based on the aboriginal occu25 pancy of land by the Hualapai Tribe, the 
43 

†S 4104 ES

1 predecessors of the Hualapai Tribe, the 

2 members of the Hualapai Tribe, or prede3 cessors of the members of the Hualapai 

4 Tribe; 

5 (v) claims for injury to water rights, 

6 including injury to rights to Colorado 

7 River water, arising after the Enforce8 ability Date, for Hualapai land, resulting 

9 from the off-reservation diversion or use of 

10 surface water, Colorado River water, or ef11 fluent in a manner not in violation of the 

12 Hualapai Tribe water rights settlement 

13 agreement or State law; 

14 (vi) past, present, and future claims 

15 arising out of, or relating in any manner 

16 to, the negotiation, execution, or adoption 

17 of the Hualapai Tribe water rights settle18 ment agreement, any judgment or decree 

19 approving or incorporating the Hualapai 

20 Tribe water rights settlement agreement, 

21 or this Act; 

22 (vii) claims for water rights of the 

23 Hualapai Tribe or the United States, act24 ing as trustee for the Hualapai Tribe and 
44 

†S 4104 ES

1 members of the Hualapai Tribe, with re2 spect to Parcel 3, in excess of 300 AFY; 

3 (viii) claims for injury to water rights 

4 arising after the Enforceability Date for 

5 Hualapai land resulting from the off-res6 ervation diversion or use of groundwater 

7 from— 

8 (I) any well constructed outside 

9 of the Truxton Basin on or before the 

10 date of enactment of this Act; 

11 (II) any well constructed outside 

12 of the Truxton Basin, and not more 

13 than 2 miles from the exterior bound14 aries of the Hualapai Reservation, 

15 after the date of enactment of this 

16 Act if— 

17 (aa) the well was con18 structed to replace a well in ex19 istence on the date of enactment 

20 of this Act; 

21 (bb) the replacement well 

22 was constructed within 660 feet 

23 of the well being replaced; and 

24 (cc) the pumping capacity 

25 and case diameter of the replace-
45 

†S 4104 ES

1 ment well do not exceed the 

2 pumping capacity and case di3 ameter of the well being replaced; 

4 or 

5 (III) any well constructed outside 

6 the Truxton Basin, and not less than 

7 2 miles from the exterior boundaries 

8 of the Hualapai Reservation, after the 

9 date of enactment of this Act, subject 

10 to the condition that the authoriza11 tions and restrictions regarding the lo12 cation, size, and operation of wells in 

13 the Bill Williams River watershed set 

14 forth in the Bill Williams agreements 

15 and the Bill Williams Act, and the 

16 waivers of claims in the Bill Williams 

17 agreements and the Bill Williams Act, 

18 shall continue to apply to the parties 

19 to the Bill Williams agreements, not20 withstanding the provisions of this 

21 subsection; and 

22 (ix) claims for injury to water rights 

23 arising after the Enforceability Date, for 

24 Hualapai land, resulting from the off-res-
46 

†S 4104 ES

1 ervation diversion or use of groundwater in 

2 the Truxton Basin from— 

3 (I) any well constructed within 

4 the Truxton Basin for domestic pur5 poses or stock watering— 

6 (aa) on or before the date on 

7 which the Secretary provides 

8 written notice to the State pursu9 ant to section 15(c)(2); or 

10 (bb) after the date on which 

11 the Secretary provides written 

12 notice to the State pursuant to 

13 that section if— 

14 (AA) the well was con15 structed to replace a well in 

16 existence on the date on 

17 which the notice was pro18 vided; 

19 (BB) the replacement 

20 well was constructed within 

21 660 feet of the well being re22 placed; and 

23 (CC) the pumping ca24 pacity and case diameter of 

25 the replacement well do not 
47 

†S 4104 ES

1 exceed the pumping capacity 

2 and case diameter of the 

3 well being replaced; and 

4 (II) any well constructed within 

5 the Truxton Basin for purposes other 

6 than domestic purposes or stock wa7 tering— 

8 (aa) on or before the date of 

9 enactment of this Act; 

10 (bb) after the date of enact11 ment of this Act if the Secretary 

12 has not provided written notice to 

13 the State pursuant to section 

14 15(c)(2); or 

15 (cc) after the date of enact16 ment of this Act if the Secretary 

17 has provided written notice to the 

18 State pursuant to section 

19 15(c)(2) and if— 

20 (AA) the well was con21 structed to replace a well in 

22 existence on the on which 

23 date the notice was pro24 vided; 
48 

†S 4104 ES

1 (BB) the replacement 

2 well was constructed within 

3 660 feet of the well being re4 placed; and 

5 (CC) the pumping ca6 pacity and case diameter of 

7 the replacement well do not 

8 exceed the pumping capacity 

9 and case diameter of the 

10 well being replaced. 

11 (B) EFFECTIVE DATE.—The waiver and 

12 release of claims described in subparagraph (A) 

13 shall take effect on the Enforceability Date. 

14 (C) RESERVATION OF RIGHTS AND RETEN15 TION OF CLAIMS.—Notwithstanding the waiver 

16 and release of claims described in subparagraph 

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

18 Hualapai Tribe and the members of the 

19 Hualapai Tribe, and the United States, acting 

20 as trustee for the Hualapai Tribe and the mem21 bers of the Hualapai Tribe (but not members in 

22 the capacity of the members as allottees), shall 

23 retain any right— 

24 (i) subject to subparagraph 12.7 of 

25 the Hualapai Tribe water rights settlement 
49 

†S 4104 ES

1 agreement, to assert claims for injuries to, 

2 and seek enforcement of, the rights of the 

3 Hualapai Tribe under the Hualapai Tribe 

4 water rights settlement agreement or this 

5 Act in any Federal or State court of com6 petent jurisdiction; 

7 (ii) to assert claims for injuries to, 

8 and seek enforcement of, the rights of the 

9 Hualapai Tribe under any judgment or de10 cree approving or incorporating the 

11 Hualapai Tribe water rights settlement 

12 agreement; 

13 (iii) to assert claims for water rights 

14 based on State law for land owned or ac15 quired by the Hualapai Tribe in fee, under 

16 subparagraph 4.8 of the Hualapai Tribe 

17 water rights settlement agreement; 

18 (iv) to object to any claims for water 

19 rights or injury to water rights by or for 

20 any Indian Tribe or the United States, act21 ing on behalf of any Indian Tribe; 

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

23 claims for injury to water rights against 

24 any Indian Tribe or the United States, act25 ing on behalf of any Indian Tribe; 
50 

†S 4104 ES

1 (vi) to assert claims for injuries to, 

2 and seek enforcement of, the rights of the 

3 Hualapai Tribe under the Bill Williams 

4 agreements or the Bill Williams Act in any 

5 Federal or State court of competent juris6 diction; 

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

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

9 rights of the Hualapai Tribe under any 

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

12 Tribe; and 

13 (viii) to assert claims for injury to 

14 water rights arising after the Enforce15 ability Date for Hualapai land resulting 

16 from any off-reservation diversion or use of 

17 groundwater, without regard to quantity, 

18 from— 

19 (I) any well constructed after the 

20 date of enactment of this Act outside 

21 of the Truxton Basin and not more 

22 than 2 miles from the exterior bound23 aries of the Hualapai Reservation, ex24 cept a replacement well described in 

25 subparagraph (A)(viii)(II), subject to 
51 

†S 4104 ES

1 the authorizations and restrictions re2 garding the location, size, and oper3 ation of wells in the Bill Williams 

4 River watershed, and the waivers of 

5 claims, set forth in the Bill Williams 

6 agreements and the Bill Williams Act; 

7 (II) any well constructed within 

8 the Truxton Basin for domestic pur9 poses or stock watering after the date 

10 on which the Secretary has provided 

11 written notice to the State pursuant 

12 to section 15(c)(2), except for a re13 placement well described in subpara14 graph (A)(ix)(I)(bb); and 

15 (III) any well constructed within 

16 the Truxton Basin for purposes other 

17 than domestic purposes or stock wa18 tering after the date of enactment of 

19 this Act, if the Secretary has provided 

20 notice to the State pursuant to section 

21 15(c)(2), except for a replacement 

22 well as described in subparagraph 

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

24 (2) CLAIMS AGAINST UNITED STATES.— 
52 

†S 4104 ES

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

2 subparagraph (C), the Hualapai Tribe, acting 

3 on behalf of the Hualapai Tribe and the mem4 bers of the Hualapai Tribe (but not members in 

5 the capacity of the members as allottees) as 

6 part of the performance of the obligations of 

7 the Hualapai Tribe under the Hualapai Tribe 

8 water rights settlement agreement and this Act, 

9 is authorized to execute a waiver and release of 

10 all claims against the United States, including 

11 agencies, officials, and employees of the United 

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

13 all— 

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

15 water rights, including rights to Colorado 

16 River water, for Hualapai land, arising 

17 from time immemorial and, thereafter, for18 ever; 

19 (ii) past, present, and future claims 

20 for water rights, including rights to Colo21 rado River water, arising from time imme22 morial and, thereafter, forever, that are 

23 based on the aboriginal occupancy of land 

24 by the Hualapai Tribe, the predecessors of 

25 the Hualapai Tribe, the members of the 
53 

†S 4104 ES

1 Hualapai Tribe, or predecessors of the 

2 members of the Hualapai Tribe; 

3 (iii) past and present claims relating 

4 in any manner to damages, losses, or in5 jury to water rights (including injury to 

6 rights to Colorado River water), land, or 

7 other resources due to loss of water or 

8 water rights (including damages, losses, or 

9 injuries to hunting, fishing, gathering, or 

10 cultural rights due to loss of water or 

11 water rights, claims relating to interference 

12 with, diversion, or taking of water, or 

13 claims relating to the failure to protect, ac14 quire, or develop water, water rights, or 

15 water infrastructure) within the State that 

16 first accrued at any time prior to the En17 forceability Date; 

18 (iv) past and present claims for injury 

19 to water rights, including injury to rights 

20 to Colorado River water, for Hualapai 

21 land, arising from time immemorial 

22 through the Enforceability Date; 

23 (v) past, present, and future claims 

24 for injury to water rights, including injury 

25 to rights to Colorado River water, arising 
54 

†S 4104 ES

1 from time immemorial and, thereafter, for2 ever, that are based on the aboriginal occu3 pancy of land by the Hualapai Tribe, the 

4 predecessors of the Hualapai Tribe, the 

5 members of the Hualapai Tribe, or prede6 cessors of the members of the Hualapai 

7 Tribe; 

8 (vi) claims for injury to water rights, 

9 including injury to rights to Colorado 

10 River water, arising after the Enforce11 ability Date for Hualapai land, resulting 

12 from the off-reservation diversion or use of 

13 surface water, Colorado River water, or ef14 fluent in a manner not in violation of the 

15 Hualapai Tribe water rights settlement 

16 agreement or State law; 

17 (vii) past, present, and future claims 

18 arising out of, or relating in any manner 

19 to, the negotiation, execution, or adoption 

20 of the Hualapai Tribe water rights settle21 ment agreement, any judgment or decree 

22 approving or incorporating the Hualapai 

23 Tribe water rights settlement agreement, 

24 or this Act; 
55 

†S 4104 ES

1 (viii) claims for injury to water rights 

2 arising after the Enforceability Date for 

3 Hualapai land resulting from the off-Res4 ervation diversion or use of groundwater 

5 from— 

6 (I) any well constructed on public 

7 domain land outside of the Truxton 

8 Basin on or before the date of enact9 ment of this Act; 

10 (II) any well constructed on pub11 lic domain land outside of the Truxton 

12 Basin, and not more than 2 miles 

13 from the exterior boundaries of the 

14 Hualapai Reservation, after the date 

15 of enactment of this Act if— 

16 (aa) the well was con17 structed to replace a well in ex18 istence on the date of enactment 

19 of this Act; 

20 (bb) the replacement well 

21 was constructed within 660 feet 

22 of the well being replaced; and 

23 (cc) the pumping capacity 

24 and case diameter of the replace25 ment well do not exceed the 
56 

†S 4104 ES

1 pumping capacity and case di2 ameter of the well being replaced; 

3 or 

4 (III) any well constructed on 

5 public domain land outside of the 

6 Truxton Basin, and not less than 2 

7 miles from the exterior boundaries of 

8 the Hualapai Reservation, after the 

9 date of enactment of this Act, subject 

10 to the condition that the authoriza11 tions and restrictions regarding the lo12 cation, size, and operation of wells in 

13 the Bill Williams River watershed set 

14 forth in the Bill Williams agreements 

15 and the Bill Williams Act, and the 

16 waivers of claims in the Bill Williams 

17 agreements and the Bill Williams Act, 

18 shall continue to apply to the parties 

19 to the Bill Williams agreements, not20 withstanding the provisions of this 

21 subsection; and 

22 (ix) claims for injury to water rights 

23 arising after the Enforceability Date for 

24 Hualapai land resulting from the off-res-
57 

†S 4104 ES

1 ervation diversion or use of groundwater in 

2 the Truxton Basin from— 

3 (I) any well constructed on public 

4 domain land within the Truxton Basin 

5 for domestic purposes or stock water6 ing— 

7 (aa) on or before the date on 

8 which the Secretary provides 

9 written notice to the State pursu10 ant to section 15(c)(2); or 

11 (bb) after the date on which 

12 the Secretary provides written 

13 notice to the State pursuant to 

14 that section if— 

15 (AA) the well was con16 structed to replace a well in 

17 existence on the date on 

18 which the notice was pro19 vided; 

20 (BB) the replacement 

21 well was constructed within 

22 660 feet of the well being re23 placed; and 

24 (CC) the pumping ca25 pacity and case diameter of 
58 

†S 4104 ES

1 the replacement well do not 

2 exceed the pumping capacity 

3 and case diameter of the 

4 well being replaced; and 

5 (II) any well constructed on pub6 lic domain land within the Truxton 

7 Basin for purposes other than domes8 tic purposes or stock watering— 

9 (aa) on or before the date of 

10 enactment of this Act; 

11 (bb) after the date of enact12 ment of this Act if the Secretary 

13 has not provided written notice to 

14 the State pursuant to section 

15 15(c)(2); or 

16 (cc) after the date of enact17 ment of this Act if the Secretary 

18 has provided written notice to the 

19 State pursuant to section 

20 15(c)(2) and if— 

21 (AA) the well was con22 structed to replace a well in 

23 existence on the date on 

24 which the notice was pro25 vided; 
59 

†S 4104 ES

1 (BB) the replacement 

2 well was constructed within 

3 660 feet of the well being re4 placed; and 

5 (CC) the pumping ca6 pacity and case diameter of 

7 the replacement well do not 

8 exceed the pumping capacity 

9 and case diameter of the 

10 well being replaced. 

11 (B) EFFECTIVE DATE.—The waiver and 

12 release of claims described in subparagraph (A) 

13 shall take effect on the Enforceability Date. 

14 (C) RETENTION OF CLAIMS.—Notwith15 standing the waiver and release of claims de16 scribed in subparagraph (A), the Hualapai 

17 Tribe and the members of the Hualapai Tribe 

18 (but not members in the capacity of the mem19 bers as allottees) shall retain any right— 

20 (i) subject to subparagraph 12.7 of 

21 the Hualapai Tribe water rights settlement 

22 agreement, to assert claims for injuries to, 

23 and seek enforcement of, the rights of the 

24 Hualapai Tribe under the Hualapai Tribe 

25 water rights settlement agreement or this 
60 

†S 4104 ES

1 Act in any Federal or State court of com2 petent jurisdiction; 

3 (ii) to assert claims for injuries to, 

4 and seek enforcement of, the rights of the 

5 Hualapai Tribe under any judgment or de6 cree approving or incorporating the 

7 Hualapai Tribe water rights settlement 

8 agreement; 

9 (iii) to assert claims for water rights 

10 based on State law for land owned or ac11 quired by the Hualapai Tribe in fee under 

12 subparagraph 4.8 of the Hualapai Tribe 

13 water rights settlement agreement; 

14 (iv) to object to any claims for water 

15 rights or injury to water rights by or for 

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

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

19 claims for injury to water rights against 

20 any Indian Tribe or the United States, act21 ing on behalf of any Indian Tribe; 

22 (vi) to assert claims for injuries to, 

23 and seek enforcement of, the rights of the 

24 Hualapai Tribe under the Bill Williams 

25 agreements or the Bill Williams Act in any 
61 

†S 4104 ES

1 Federal or State court of competent juris2 diction; 

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

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

5 rights of the Hualapai Tribe under any 

6 Colorado River water entitlement pur7 chased by or donated to the Hualapai 

8 Tribe; and 

9 (viii) to assert any claims for injury to 

10 water rights arising after the Enforce11 ability Date for Hualapai land resulting 

12 from any off-reservation diversion or use of 

13 groundwater, without regard to quantity, 

14 from— 

15 (I) any well constructed after the 

16 date of enactment of this Act on pub17 lic domain land outside of the Truxton 

18 Basin and not more than 2 miles from 

19 the exterior boundaries of the 

20 Hualapai Reservation, except for a re21 placement well described in subpara22 graph (A)(viii)(II), subject to the au23 thorizations and restrictions regarding 

24 the location, size, and operation of 

25 wells in the Bill Williams River water-
62 

†S 4104 ES

1 shed, and the waivers of claims, set 

2 forth in the Bill Williams agreements 

3 and the Bill Williams Act; 

4 (II) any well constructed on pub5 lic domain land within the Truxton 

6 Basin for domestic purposes or stock 

7 watering after the date on which the 

8 Secretary has provided written notice 

9 to the State pursuant to section 

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

11 well described in subparagraph 

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

13 (III) any well constructed on 

14 public domain land within the 

15 Truxton Basin for purposes other 

16 than domestic purposes or stock wa17 tering after the date of enactment of 

18 this Act, if the Secretary has provided 

19 notice to the State pursuant to section 

20 15(c)(2), except for a replacement 

21 well as described in subparagraph 

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

23 (b) WAIVERS AND RELEASES OF CLAIMS BY UNITED

24 STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 
63 

†S 4104 ES

1 (1) IN GENERAL.—Except as provided in para2 graph (3), the United States, acting as trustee for 

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

4 performance of the obligations of the United States 

5 under the Hualapai Tribe water rights settlement 

6 agreement and this Act, is authorized to execute a 

7 waiver and release of any claims against the State 

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

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

10 corporation, or municipal corporation under Federal, 

11 State, or other law, for all— 

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

13 water rights, including rights to Colorado River 

14 water, for the allotments, arising from time im15 memorial and, thereafter, forever; 

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

17 water rights, including rights to Colorado River 

18 water, arising from time immemorial and, 

19 thereafter, forever, that are based on the ab20 original occupancy of land by the allottees or 

21 predecessors of the allottees; 

22 (C) past and present claims for injury to 

23 water rights, including injury to rights to Colo24 rado River water, for the allotments, arising 
64 

†S 4104 ES

1 from time immemorial through the Enforce2 ability Date; 

3 (D) past, present, and future claims for in4 jury to water rights, if any, including injury to 

5 rights to Colorado River water, arising from 

6 time immemorial and, thereafter, forever, that 

7 are based on the aboriginal occupancy of land 

8 by the allottees or predecessors of the allottees; 

9 (E) claims for injury to water rights, in10 cluding injury to rights to Colorado River 

11 water, arising after the Enforceability Date, for 

12 the allotments, resulting from the off-reserva13 tion diversion or use of water in a manner not 

14 in violation of the Hualapai Tribe water rights 

15 settlement agreement or State law; 

16 (F) past, present, and future claims aris17 ing out of, or relating in any manner to, the ne18 gotiation, execution, or adoption of the 

19 Hualapai Tribe water rights settlement agree20 ment, any judgment or decree approving or in21 corporating the Hualapai Tribe water rights 

22 settlement agreement, or this Act; and 

23 (G) claims for any water rights of the 

24 allottees or the United States acting as trustee 

25 for the allottees with respect to— 
65 

†S 4104 ES

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

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

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

4 of claims under paragraph (1) shall take effect on 

5 the Enforceability Date. 

6 (3) RETENTION OF CLAIMS.—Notwithstanding 

7 the waiver and release of claims described in para8 graph (1), the United States, acting as trustee for 

9 the allottees of the Hualapai Tribe, shall retain any 

10 right— 

11 (A) subject to subparagraph 12.7 of the 

12 Hualapai Tribe water rights settlement agree13 ment, to assert claims for injuries to, and seek 

14 enforcement of, the rights of the allottees, if 

15 any, under the Hualapai Tribe water rights set16 tlement agreement or this Act in any Federal or 

17 State court of competent jurisdiction; 

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

19 seek enforcement of, the rights of the allottees 

20 under any judgment or decree approving or in21 corporating the Hualapai Tribe water rights 

22 settlement agreement; 

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

24 or injury to water rights by or for— 
66 

†S 4104 ES

1 (i) any Indian Tribe other than the 

2 Hualapai Tribe; or 

3 (ii) the United States, acting on be4 half of any Indian Tribe other than the 

5 Hualapai Tribe; 

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

7 claims for injury to water rights against— 

8 (i) any Indian Tribe other than the 

9 Hualapai Tribe; or 

10 (ii) the United States, acting on be11 half of any Indian Tribe other than the 

12 Hualapai Tribe; and 

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

14 seek enforcement of, the rights of the allottees 

15 under the Bill Williams agreements or the Bill 

16 Williams Act in any Federal or State court of 

17 competent jurisdiction. 

18 (c) WAIVER AND RELEASE OF CLAIMS BY UNITED

19 STATES AGAINST HUALAPAI TRIBE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (3), the United States, in all capacities (ex22 cept as trustee for an Indian Tribe other than the 

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

24 obligations of the United States under the Hualapai 

25 Tribe water rights settlement agreement and this 
67 

†S 4104 ES

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

2 all claims against the Hualapai Tribe, the members 

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

4 employee of the Hualapai Tribe, under Federal, 

5 State or any other law for all— 

6 (A) past and present claims for injury to 

7 water rights, including injury to rights to Colo8 rado River water, resulting from the diversion 

9 or use of water on Hualapai land arising from 

10 time immemorial through the Enforceability 

11 Date; 

12 (B) claims for injury to water rights, in13 cluding injury to rights to Colorado River 

14 water, arising after the Enforceability Date, re15 sulting from the diversion or use of water on 

16 Hualapai land in a manner that is not in viola17 tion of the Hualapai Tribe water rights settle18 ment agreement or State law; and 

19 (C) past, present, and future claims aris20 ing out of, or related in any manner to, the ne21 gotiation, execution, or adoption of the 

22 Hualapai Tribe water rights settlement agree23 ment, any judgment or decree approving or in24 corporating the Hualapai Tribe water rights 

25 settlement agreement, or this Act. 
68 

†S 4104 ES

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

2 of claims under paragraph (1) shall take effect on 

3 the Enforceability Date. 

4 (3) RETENTION OF CLAIMS.—Notwithstanding 

5 the waiver and release of claims described in para6 graph (1), the United States shall retain any right 

7 to assert any claim not expressly waived in accord8 ance with that paragraph, including any right to as9 sert a claim for injury to, and seek enforcement of, 

10 any right of the United States under the Bill Wil11 liams agreements or the Bill Williams Act, in any 

12 Federal or State court of competent jurisdiction. 

13 (d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS

14 SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE15 TENTION OF CLAIMS.— 

16 (1) CLAIMS AGAINST FREEPORT.— 

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

18 subparagraph (C), the United States, acting 

19 solely on behalf of the Department of the Inte20 rior (including the Bureau of Land Manage21 ment and the United States Fish and Wildlife 

22 Service), as part of the performance of the obli23 gations of the United States under the Bill Wil24 liams River phase 2 water rights settlement 

25 agreement, is authorized to execute a waiver 
69 

†S 4104 ES

1 and release of all claims of the United States 

2 against Freeport under Federal, State, or any 

3 other law for— 

4 (i) any past or present claim for in5 jury to water rights resulting from— 

6 (I) the diversion or use of water 

7 by Freeport pursuant to the water 

8 rights described in Exhibit 4.1(ii) to 

9 the Bill Williams River phase 2 water 

10 rights settlement agreement; and 

11 (II) any other diversion or use of 

12 water for mining purposes authorized 

13 by the Bill Williams River phase 2 

14 water rights settlement agreement; 

15 (ii) any claim for injury to water 

16 rights arising after the Bill Williams River 

17 Phase 2 Enforceability Date resulting 

18 from— 

19 (I) the diversion or use of water 

20 by Freeport pursuant to the water 

21 rights described in Exhibit 4.1(ii) to 

22 the Bill Williams River phase 2 water 

23 rights settlement agreement in a man24 ner not in violation of the Bill Wil-
70 

†S 4104 ES

1 liams River phase 2 water rights set2 tlement agreement; 

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

4 AFY of water by Freeport from Syca5 more Creek as permitted by section 

6 4.3(iv) of the Bill Williams River 

7 phase 2 water rights settlement agree8 ment; and 

9 (III) any other diversion or use 

10 of water by Freeport authorized by 

11 the Bill Williams River phase 2 water 

12 rights settlement agreement, subject 

13 to the condition that such a diversion 

14 and use of water is conducted in a 

15 manner not in violation of the Bill 

16 Williams River phase 2 water rights 

17 settlement agreement; and 

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

19 arising out of, or relating in any manner 

20 to, the negotiation or execution of the Bill 

21 Williams River phase 2 water rights settle22 ment agreement, the Hualapai Tribe water 

23 rights settlement agreement, or this Act. 

24 (B) EFFECTIVE DATE.—The waiver and 

25 release of claims under subparagraph (A) shall 
71 

†S 4104 ES

1 take effect on the Bill Williams River Phase 2 

2 Enforceability Date. 

3 (C) RETENTION OF CLAIMS.—The United 

4 States shall retain all rights not expressly 

5 waived in the waiver and release of claims 

6 under subparagraph (A), including, subject to 

7 section 6.4 of the Bill Williams River phase 2 

8 water rights settlement agreement, the right to 

9 assert a claim for injury to, and seek enforce10 ment of, the Bill Williams River phase 2 water 

11 rights settlement agreement or this Act, in any 

12 Federal or State court of competent jurisdiction 

13 (but not a Tribal court). 

14 (2) NO PRECEDENTIAL EFFECT.— 

15 (A) PENDING AND FUTURE PRO16 CEEDINGS.—The Bill Williams River phase 2 

17 water rights settlement agreement shall have no 

18 precedential effect in any other administrative 

19 or judicial proceeding, including— 

20 (i) any pending or future general 

21 stream adjudication, or any other litigation 

22 involving Freeport or the United States, 

23 including any proceeding to establish or 

24 quantify a Federal reserved water right; 
72 

†S 4104 ES

1 (ii) any pending or future administra2 tive or judicial proceeding relating to an 

3 application— 

4 (I) to appropriate water (for 

5 instream flow or other purposes); 

6 (II) to sever and transfer a water 

7 right; 

8 (III) to change a point of diver9 sion; or 

10 (IV) to change a place of use for 

11 any water right; and 

12 (iii) any proceeding regarding water 

13 rights or a claim relating to any Federal 

14 land. 

15 (B) NO METHODOLOGY OR STANDARD.— 

16 Nothing in the Bill Williams River phase 2 

17 water rights settlement agreement establishes 

18 any standard or methodology to be used for the 

19 quantification of any claim to water rights 

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

21 judicial or administrative proceeding, other than 

22 a proceeding to enforce the terms of the Bill 

23 Williams River phase 2 water rights settlement 

24 agreement. 
73 

†S 4104 ES

1 SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER 

2 BENEFITS. 

3 (a) HUALAPAI TRIBE AND MEMBERS.— 

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

5 Hualapai Tribe and the members of the Hualapai 

6 Tribe (but not members in the capacity of the mem7 bers as allottees) under the Hualapai Tribe water 

8 rights settlement agreement, this Act, the Bill Wil9 liams agreements, and the Bill Williams Act shall be 

10 in full satisfaction of all claims of the Hualapai 

11 Tribe, the members of the Hualapai Tribe, and the 

12 United States, acting in the capacity of the United 

13 States as trustee for the Hualapai Tribe and the 

14 members of the Hualapai Tribe, for water rights and 

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

16 law with respect to Hualapai land. 

17 (2) SATISFACTION.—Any entitlement to water 

18 of the Hualapai Tribe and the members of the 

19 Hualapai Tribe (but not members in the capacity of 

20 the members as allottees) or the United States, act21 ing in the capacity of the United States as trustee 

22 for the Hualapai Tribe and the members of the 

23 Hualapai Tribe (but not members in the capacity of 

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

25 satisfied out of the water resources and other bene26 fits granted, confirmed, quantified, or recognized by 
74 

†S 4104 ES

1 the Hualapai Tribe water rights settlement agree2 ment, this Act, the Bill Williams agreements, and 

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

4 the members of the Hualapai Tribe (but not mem5 bers in the capacity of the members as allottees), 

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

7 United States as trustee for the Hualapai Tribe and 

8 the members of the Hualapai Tribe (but not mem9 bers in the capacity of the members as allottees). 

10 (b) ALLOTTEE WATER CLAIMS.— 

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

12 allottees of the Hualapai Tribe under the Hualapai 

13 Tribe water rights settlement agreement, this Act, 

14 the Bill Williams agreements, and the Bill Williams 

15 Act shall be in complete replacement of and substi16 tution for, and full satisfaction of, all claims with re17 spect to allotments of the allottees and the United 

18 States, acting in the capacity of the United States 

19 as trustee for the allottees, for water rights and in20 jury to water rights under Federal, State, or other 

21 law. 

22 (2) SATISFACTION.—Any entitlement to water 

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

24 capacity of the United States as trustee for the 

25 allottees, for allotments shall be satisfied out of the 
75 

†S 4104 ES

1 water resources and other benefits granted, con2 firmed, or recognized by the Hualapai Tribe water 

3 rights settlement agreement, this Act, the Bill Wil4 liams agreements, and the Bill Williams Act to or 

5 for the allottees and the United States, acting as 

6 trustee for the allottees. 

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

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

9 settlement agreement— 

10 (1) recognizes or establishes any right of a 

11 member of the Hualapai Tribe or an allottee to 

12 water on Hualapai land; or 

13 (2) prohibits the Hualapai Tribe or an allottee 

14 from acquiring additional water rights by purchase 

15 of land, credits, or water rights. 

16 SEC. 11. LAND ADDED TO HUALAPAI RESERVATION. 

17 The following land in the State is added to the 

18 Hualapai Reservation: 

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

20 trust by the United States for the Hualapai Tribe 

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

22 (88 Stat. 1820). 

23 (2) 1947 JUDGMENT.—The land deeded to the 

24 United States in the capacity of the United States 
76 

†S 4104 ES

1 as trustee for the Hualapai Tribe pursuant to the 

2 1947 judgment. 

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

S1 4 ⁄2 sec. 3, lying south of the south boundary of the 

5 Hualapai Reservation and north of the north right6 of-way boundary of Arizona Highway 66, and 

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

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

9 12 W., Gila and Salt River Base and Meridian, Mo10 have County, Arizona. 

(4) HUNT PARCEL 4.—SW1⁄4NE1 11 ⁄4 sec. 7, T. 

12 25 N., R. 13 W., Gila and Salt River Base and Me13 ridian, Mohave County, Arizona. 

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

15 14 W., Gila and Salt River Base and Meridian, Mo16 have County, Arizona— 

(A) NE1⁄4SW1 17 ⁄4 sec. 9; and 

(B) NW1⁄4SE1 18 ⁄4 sec. 27. 

(6) HUNT PARCEL 3.—SW1⁄4NE1 19 ⁄4 sec. 25, T. 

20 27 N., R. 15 W., Gila and Salt River Base and Me21 ridian, Mohave County, Arizona. 

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

23 14 W., Gila and Salt River Base and Meridian, Mo24 have County, Arizona— 

(A) SE1 25 ⁄4; 
77 

†S 4104 ES

(B) E1⁄2SW1 1 ⁄4; and 

(C) SW1⁄4SW1 2 ⁄4. 

3 (8) VALENTINE CEMETERY PARCEL.— 

W1⁄2NW1⁄4SW1 4 ⁄4 sec. 22, T. 23 N., R. 13 W., Gila 

5 and Salt River Base and Meridian, Mohave County, 

6 Arizona, excepting and reserving to the United 

7 States a right-of-way for ditches or canals con8 structed by the authority of the United States, pur9 suant to the Act of August 30, 1890 (43 U.S.C. 

10 945). 

11 SEC. 12. TRUST LAND. 

12 (a) LAND TO BE TAKEN INTO TRUST.— 

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

14 this Act, the Secretary is authorized and directed to 

15 take legal title to the land described in paragraph 

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

17 Hualapai Tribe. 

18 (2) CHOLLA CANYON RANCH PARCELS.—The 

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

20 13 W., Gila and Salt River Base and Meridian, Mo21 have County, Arizona— 

(A) SW1 22 ⁄4 sec. 25; and 

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

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

25 trust under subsection (a) shall be part of the Hualapai 
78 

†S 4104 ES

1 Reservation and administered in accordance with the laws 

2 and regulations generally applicable to land held in trust 

3 by the United States for an Indian Tribe. 

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

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

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

7 management agreements. 

8 (d) LIMITATIONS.—Nothing in subsection (a) af9 fects— 

10 (1) any water right of the Hualapai Tribe in ex11 istence under State law before the date of enactment 

12 of this Act; or 

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

14 any land or interest in land in existence before the 

15 date of enactment of this Act. 

16 (e) FUTURE TRUST LAND.— 

17 (1) NEW STATUTORY REQUIREMENT.—Effective 

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

19 except as provided in subsection (a), any land lo20 cated in the State outside the exterior boundaries of 

21 the Hualapai Reservation may only be taken into 

22 trust by the United States for the benefit of the 

23 Hualapai Tribe by an Act of Congress— 
79 

†S 4104 ES

1 (A) that specifically authorizes the transfer 

2 of the land for the benefit of the Hualapai 

3 Tribe; and 

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

5 the date of enactment of this Act. 

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

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

9 (A) shall include water rights only under 

10 State law; and 

11 (B) shall not include any federally reserved 

12 water rights. 

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

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

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

17 the Enforceability Date, the Secretary shall reallocate to 

18 the Hualapai Tribe the Hualapai Tribe CAP water. 

19 (b) FIRMING.— 

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

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

22 CAP water shall be firmed as follows: 

23 (A) In accordance with section 

24 105(b)(1)(B) of the Central Arizona Project 

25 Settlement Act of 2004 (Public Law 108–451; 
80 

†S 4104 ES

1 118 Stat. 3492), for the 100-year period begin2 ning on January 1, 2008, the Secretary shall 

3 firm 557.50 AFY of the Hualapai Tribe CAP 

4 water to the equivalent of CAP M&I priority 

5 water. 

6 (B) In accordance with section 

7 105(b)(2)(B) of the Central Arizona Project 

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

9 118 Stat. 3492), for the 100-year period begin10 ning on January 1, 2008, the State shall firm 

11 557.50 AFY of the Hualapai Tribe CAP water 

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

13 (2) ADDITIONAL FIRMING.—The Hualapai 

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

15 take additional actions to firm or supplement the 

16 Hualapai Tribe CAP water, including by entering 

17 into agreements for that purpose with the Central 

18 Arizona Water Conservation District, the Arizona 

19 Water Banking Authority, or any other lawful au20 thority, in accordance with State law. 

21 (c) HUALAPAI TRIBE WATER DELIVERY CON22 TRACT.— 

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

24 Hualapai Tribe water rights settlement agreement 

25 and the requirements described in paragraph (2), 
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1 the Secretary shall enter into the Hualapai Tribe 

2 water delivery contract. 

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

5 (A) IN GENERAL.—The Hualapai Tribe 

6 water delivery contract shall— 

7 (i) be for permanent service (as that 

8 term is used in section 5 of the Boulder 

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

10 (ii) take effect on the Enforceability 

11 Date; and 

12 (iii) be without limit as to term. 

13 (B) HUALAPAI TRIBE CAP WATER.— 

14 (i) IN GENERAL.—The Hualapai 

15 Tribe CAP water may be delivered for use 

16 in the lower basin in the State through— 

17 (I) the Hualapai Water Project; 

18 or 

19 (II) the CAP system. 

20 (ii) METHOD OF DELIVERY.—The 

21 Secretary shall authorize the delivery of 

22 Hualapai Tribe CAP water under this sub23 paragraph to be effected by the diversion 

24 and use of water directly from the Colo25 rado River in the State. 
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1 (C) CONTRACTUAL DELIVERY.—The Sec2 retary shall deliver the Hualapai Tribe CAP 

3 water to the Hualapai Tribe in accordance with 

4 the terms and conditions of the Hualapai Tribe 

5 water delivery contract. 

6 (D) DISTRIBUTION OF CAP NIA PRIORITY

7 WATER.— 

8 (i) IN GENERAL.—Except as provided 

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

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

15 CAP NIA priority water among the CAP 

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

18 priority water on the basis of the quantity 

19 of CAP NIA priority water used by each 

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

23 orders for CAP NIA priority water. 

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

3 CAP supply is insufficient to meet all 

4 demands under CAP contracts and 

5 CAP subcontracts for the delivery of 

6 CAP NIA priority water in the year 

7 following the year in which the En8 forceability Date occurs, the Secretary 

9 shall assume that the Hualapai Tribe 

10 used the full volume of Hualapai 

11 Tribe CAP water in the last year in 

12 which the available CAP supply was 

13 sufficient to fill all orders for CAP 

14 NIA priority water. 

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

17 shall continue until the available CAP 

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

20 subcontracts for the delivery of CAP 

21 NIA priority water. 

22 (III) DETERMINATION.—The 

23 Secretary shall determine the quantity 

24 of CAP NIA priority water used by 

25 the Gila River Indian Community and 
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1 the Tohono O’odham Nation in the 

2 last year in which the available CAP 

3 supply was sufficient to fill all orders 

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

6 agreements with those Tribes. 

7 (E) LEASES AND EXCHANGES OF

8 HUALAPAI TRIBE CAP WATER.—On and after 

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

11 Tribe may, with the approval of the Secretary, 

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

14 Tribe CAP water within the lower basin in the 

15 State, and not in Navajo, Apache, or Cochise 

16 Counties, providing for the temporary delivery 

17 to other persons of any portion of Hualapai 

18 Tribe CAP water. 

19 (F) TERM OF LEASES AND EXCHANGES.— 

20 (i) LEASING.—Contracts or options to 

21 lease under subparagraph (E) shall be for 

22 a term of not more than 100 years. 

23 (ii) EXCHANGING.—Contracts or op24 tions to exchange under subparagraph (E) 
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1 shall be for the term provided for in the 

2 contract or option, as applicable. 

3 (iii) RENEGOTIATION.—The Hualapai 

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

6 subparagraph (E), at any time during the 

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

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

11 permanently alienated. 

12 (H) NO FIRMING OF LEASED WATER.— 

13 The firming obligations described in subsection 

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

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

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

19 STATES.— 

20 (i) ENTITLEMENT.— 

21 (I) IN GENERAL.—The Hualapai 

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

24 any contract to lease, option to lease, 

25 contract to exchange, or option to ex-
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1 change the Hualapai Tribe CAP water 

2 entered into by the Hualapai Tribe. 

3 (II) EXCLUSION.—The United 

4 States shall not, in any capacity, be 

5 entitled to the consideration described 

6 in subclause (I). 

7 (ii) OBLIGATIONS OF UNITED

8 STATES.—The United States shall not, in 

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

11 for, in any manner, any funds received by 

12 the Hualapai Tribe as consideration under 

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

15 the Hualapai Tribe CAP water entered 

16 into by the Hualapai Tribe, except in a 

17 case in which the Hualapai Tribe deposits 

18 the proceeds of any lease, option to lease, 

19 contract to exchange, or option to ex20 change into an account held in trust for 

21 the Hualapai Tribe by the United States. 

22 (J) WATER USE AND STORAGE.— 

23 (i) IN GENERAL.—The Hualapai 

24 Tribe may use the Hualapai Tribe CAP 

25 water on or off the Hualapai Reservation 
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1 within the lower basin in the State for any 

2 purpose. 

3 (ii) STORAGE.—The Hualapai Tribe, 

4 in accordance with State law, may store 

5 the Hualapai Tribe CAP water at 1 or 

6 more underground storage facilities or 

7 groundwater savings facilities, subject to 

8 the condition that, if the Hualapai Tribe 

9 stores Hualapai Tribe CAP water that has 

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

11 the stored water may only be— 

12 (I) used by the Hualapai Tribe; 

13 or 

14 (II) exchanged by the Hualapai 

15 Tribe for water that will be used by 

16 the Hualapai Tribe. 

17 (iii) ASSIGNMENT.—The Hualapai 

18 Tribe, in accordance with State law, may 

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

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

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

24 the storage of Hualapai Tribe CAP water 
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1 that has been firmed pursuant to sub2 section (b)(1). 

3 (K) USE OUTSIDE STATE.—The Hualapai 

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

5 otherwise transfer any Hualapai Tribe CAP 

6 water for use directly or indirectly outside of 

7 the lower basin in the State. 

8 (L) CAP FIXED OM&R CHARGES.— 

9 (i) IN GENERAL.—The CAP operating 

10 agency shall be paid the CAP fixed OM&R 

11 charges associated with the delivery of all 

12 Hualapai Tribe CAP water. 

13 (ii) PAYMENT OF CHARGES.—Except 

14 as provided in subparagraph (O), all CAP 

15 fixed OM&R charges associated with the 

16 delivery of the Hualapai Tribe CAP water 

17 to the Hualapai Tribe shall be paid by— 

18 (I) the Secretary, pursuant to 

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

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

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

23 available in the Lower Colorado River 

24 Basin Development Fund; and 
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1 (II) if the funds described in sub2 clause (I) become unavailable, the 

3 Hualapai Tribe. 

4 (M) CAP PUMPING ENERGY CHARGES.— 

5 (i) IN GENERAL.—The CAP operating 

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

8 Hualapai Tribe CAP water only in cases in 

9 which the CAP system is used for the de10 livery of that water. 

11 (ii) PAYMENT OF CHARGES.—Except 

12 for CAP water not delivered through the 

13 CAP system, which does not incur a CAP 

14 pumping energy charge, or water delivered 

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

17 energy charges associated with the delivery 

18 of the Hualapai Tribe CAP water shall be 

19 paid by the Hualapai Tribe. 

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

22 property tax equivalency shall be due or payable 

23 by the Hualapai Tribe for the delivery of CAP 

24 water or for the storage of CAP water in an un-
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1 derground storage facility or groundwater sav2 ings facility. 

3 (O) LESSEE RESPONSIBILITY FOR

4 CHARGES.— 

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

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

8 CAP water shall require the lessee to pay 

9 the CAP operating agency all CAP fixed 

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

12 the leased water. 

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

15 the United States in any capacity shall be 

16 responsible for the payment of any charges 

17 associated with the delivery of the 

18 Hualapai Tribe CAP water leased to other 

19 persons. 

20 (P) ADVANCE PAYMENT.—No Hualapai 

21 Tribe CAP water shall be delivered unless the 

22 CAP fixed OM&R charges and any applicable 

23 CAP pumping energy charges associated with 

24 the delivery of that water have been paid in ad25 vance. 
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1 (Q) CALCULATION.—The charges for deliv2 ery of the Hualapai Tribe CAP water pursuant 

3 to the Hualapai Tribe water delivery contract 

4 shall be calculated in accordance with the CAP 

5 repayment stipulation. 

6 (R) CAP REPAYMENT.—For purposes of 

7 determining the allocation and repayment of 

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

11 CAP water, regardless of whether the Hualapai 

12 Tribe CAP water is delivered for use by the 

13 Hualapai Tribe or in accordance with any lease, 

14 option to lease, exchange, or option to exchange 

15 providing for the delivery to other persons of 

16 the Hualapai Tribe CAP water, shall be— 

17 (i) nonreimbursable; and 

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

21 (S) NONREIMBURSABLE CAP CONSTRUC22 TION COSTS.— 

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

24 costs associated with the construction of 
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1 the CAP system allocable to the Hualapai 

2 Tribe— 

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

5 (II) the Hualapai Tribe shall 

6 have no repayment obligation for the 

7 costs. 

8 (ii) CAPITAL CHARGES.—No CAP 

9 water service capital charges shall be due 

10 or payable for the Hualapai Tribe CAP 

11 water, regardless of whether the Hualapai 

12 Tribe CAP water is delivered— 

13 (I) for use by the Hualapai 

14 Tribe; or 

15 (II) under any lease, option to 

16 lease, exchange, or option to exchange 

17 entered into by the Hualapai Tribe. 

18 (d) COLORADO RIVER ACCOUNTING.—All Hualapai 

19 Tribe CAP water diverted directly from the Colorado 

20 River shall be accounted for as deliveries of CAP water 

21 within the State. 

22 SEC. 14. ENFORCEABILITY DATE. 

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

24 (d), the Hualapai Tribe water rights settlement agree25 ment, including the waivers and releases of claims de-
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1 scribed in section 9, shall take effect and be fully enforce2 able on the date on which the Secretary publishes in the 

3 Federal Register a statement of findings that— 

4 (1) to the extent the Hualapai Tribe water 

5 rights settlement agreement conflicts with this Act— 

6 (A) the Hualapai Tribe water rights settle7 ment agreement has been revised through an 

8 amendment to eliminate the conflict; and 

9 (B) the revised Hualapai Tribe water 

10 rights settlement agreement, including any ex11 hibits requiring execution by any party to the 

12 Hualapai Tribe water rights settlement agree13 ment, has been executed by the required party; 

14 (2) the waivers and releases of claims described 

15 in section 9 have been executed by the Hualapai 

16 Tribe and the United States; 

17 (3) the abstracts referred to in subparagraphs 

18 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 

19 water rights settlement agreement have been com20 pleted by the Hualapai Tribe; 

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

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

23 the Hualapai Water Trust Fund Account; 

24 (5) the Gila River adjudication decree has been 

25 approved by the Gila River adjudication court sub-
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1 stantially in the form of the judgment and decree at2 tached to the Hualapai Tribe water rights settlement 

3 agreement as Exhibit 3.1.43, as amended to ensure 

4 consistency with this Act; and 

5 (6) the Secretary has executed the Hualapai 

6 Tribe water delivery contract described in section 

7 13(c). 

8 (b) REPEAL ON FAILURE TO MEET ENFORCE9 ABILITY DATE.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), if the Secretary fails to publish in the 

12 Federal Register a statement of findings under sub13 section (a) by April 15, 2029, or such alternative 

14 later date as may be agreed to by the Hualapai 

15 Tribe, the Secretary, and the State— 

16 (A) this Act is repealed; 

17 (B) any action taken by the Secretary and 

18 any contract or agreement entered into pursu19 ant to this Act shall be void; and 

20 (C) any amounts appropriated under sec21 tion 7, together with any investment earnings 

22 on those amounts, less any amounts expended 

23 under section 6(a)(4)(B), shall revert imme24 diately to the general fund of the Treasury. 
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1 (2) SEVERABILITY.—Notwithstanding para2 graph (1), if the Secretary fails to publish in the 

3 Federal Register a statement of findings under sub4 section (a) by April 15, 2029, or such alternative 

5 later date as may be agreed to by the Hualapai 

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

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

8 remain in effect. 

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

10 published in the Federal Register the statement of find11 ings under subsection (a) by April 15, 2029, or such alter12 native later date as may be agreed to by the Hualapai 

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

14 shall be entitled to offset any Federal amounts made avail15 able under section 6(a)(4)(B) that were used or authorized 

16 for any use under that section against any claim asserted 

17 by the Hualapai Tribe against the United States described 

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

19 (d) BILL WILLIAMS RIVER PHASE 2 ENFORCE20 ABILITY DATE.—Notwithstanding any other provision of 

21 this Act, the Bill Williams River phase 2 water rights set22 tlement agreement (including the waivers and releases de23 scribed in section 9(d) of this Act and section 5 of the 

24 Bill Williams River phase 2 water rights settlement agree25 ment) shall take effect and become enforceable among the 
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1 parties to the Bill Williams River phase 2 water rights 

2 settlement agreement on the date on which all of the fol3 lowing conditions have occurred: 

4 (1) The Hualapai Tribe water rights settlement 

5 agreement becomes enforceable pursuant to sub6 section (a). 

7 (2) Freeport has submitted to the Arizona De8 partment of Water Resources a conditional with9 drawal of any objection to the Bill Williams River 

10 watershed instream flow applications pursuant to 

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

12 water rights settlement agreement, which withdrawal 

13 shall take effect on the Bill Williams River Phase 2 

14 Enforceability Date described in this subsection. 

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

16 Arizona Department of Water Resources has issued 

17 an appealable, conditional decision and order for the 

18 Bill Williams River watershed instream flow applica19 tions pursuant to section 4.4(iii) of the Bill Williams 

20 River phase 2 water rights settlement agreement, 

21 which order shall become nonconditional and effec22 tive on the Bill Williams River Phase 2 Enforce23 ability Date described in this subsection. 

24 (4) The conditional decision and order de25 scribed in paragraph (3)— 
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1 (A) becomes final; and 

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

3 SEC. 15. ADMINISTRATION. 

4 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

5 (1) WAIVER.— 

6 (A) IN GENERAL.—In any circumstance 

7 described in paragraph (2)— 

8 (i) the United States or the Hualapai 

9 Tribe may be joined in the action described 

10 in the applicable subparagraph of that 

11 paragraph; and 

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

13 claim by the United States or the Hualapai 

14 Tribe to sovereign immunity from the ac15 tion is waived. 

16 (B) LIMITATION.—A waiver under sub17 paragraph (A)(ii)— 

18 (i) shall only be for the limited and 

19 sole purpose of the interpretation or en20 forcement of— 

21 (I) this Act; 

22 (II) the Hualapai Tribe water 

23 rights settlement agreement, as rati24 fied by this Act; or 
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1 (III) the Bill Williams River 

2 phase 2 water right settlement agree3 ment, as ratified by this Act; and 

4 (ii) shall not include any award 

5 against the United States or the Hualapai 

6 Tribe for money damages, court costs, or 

7 attorney fees. 

8 (2) CIRCUMSTANCES DESCRIBED.—A cir9 cumstance referred to in paragraph (1)(A) is any of 

10 the following: 

11 (A) Any party to the Hualapai Tribe water 

12 rights settlement agreement— 

13 (i) brings an action in any court of 

14 competent jurisdiction relating only and di15 rectly to the interpretation or enforcement 

16 of— 

17 (I) this Act; or 

18 (II) the Hualapai Tribe water 

19 rights settlement agreement; and 

20 (ii) names the United States or the 

21 Hualapai Tribe as a party in that action. 

22 (B) Any landowner or water user in the 

23 Verde River Watershed— 

24 (i) brings an action in any court of 

25 competent jurisdiction relating only and di-
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1 rectly to the interpretation or enforcement 

2 of— 

3 (I) paragraph 10.0 of the 

4 Hualapai Tribe water rights settle5 ment agreement; 

6 (II) Exhibit 3.1.43 to the 

7 Hualapai Tribe water rights settle8 ment agreement; or 

9 (III) section 9; and 

10 (ii) names the United States or the 

11 Hualapai Tribe as a party in that action. 

12 (C) Any party to the Bill Williams River 

13 phase 2 settlement agreement— 

14 (i) brings an action in any court of 

15 competent jurisdiction relating only and di16 rectly to the interpretation or enforcement 

17 of— 

18 (I) this Act; or 

19 (II) the Bill Williams River phase 

20 2 settlement agreement; and 

21 (ii) names the United States or the 

22 Hualapai Tribe as a party in that action. 

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

24 section alters the law with respect to pre-enforcement re-
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1 view of Federal environmental or safety-related enforce2 ment actions. 

3 (c) BASIN GROUNDWATER WITHDRAWAL ESTI4 MATES.— 

5 (1) GROUNDWATER WITHDRAWAL ESTI6 MATES.— 

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

8 of the date of enactment of this Act, the Sec9 retary, acting through the United States Geo10 logical Survey Water Use Program, shall issue 

11 an estimate for groundwater withdrawals in the 

12 Truxton Basin outside the boundaries of the 

13 Hualapai Reservation. 

14 (B) ANNUAL ESTIMATES.—Each year after 

15 publication of the initial estimate required by 

16 subparagraph (A), the Secretary, acting 

17 through the United States Geological Survey 

18 Water Use Program, shall issue an estimate for 

19 groundwater withdrawals in the Truxton Basin 

20 outside the boundaries of the Hualapai Res21 ervation until such time as the Secretary, after 

22 consultation with the Hualapai Tribe, deter23 mines that annual estimates are not warranted. 

24 (2) NOTICE TO THE STATE.—Based on the esti25 mates under paragraph (1), the Secretary shall no-
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1 tify the State, in writing, if the total withdrawal of 

2 groundwater from the Truxton Basin outside the 

3 boundaries of the Hualapai Reservation exceeds the 

4 estimate prepared pursuant to that paragraph by 

5 3,000 or more AFY, exclusive of any diversion or 

6 use of groundwater on Hualapai fee land and any 

7 land acquired by the Hualapai Tribe, including by a 

8 tribally owned corporation, in fee after the Enforce9 ability Date. 

10 (d) ANTIDEFICIENCY.—Notwithstanding any author11 ization of appropriations to carry out this Act, the United 

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

13 States to carry out any obligation or activity authorized 

14 by this Act (including all agreements or exhibits ratified 

15 or confirmed by this Act) if— 

16 (1) adequate appropriations are not provided 

17 expressly by Congress to carry out the purposes of 

18 this Act; or 

19 (2) there are not enough monies available to 

20 carry out this Act in the Lower Colorado River 

21 Basin Development Fund. 

22 (e) APPLICATION OF RECLAMATION REFORM ACT OF

23 1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 

24 390aa et seq.) and any other acreage limitation or full- 
102 

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1 cost pricing provision of Federal law shall not apply to 

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

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

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

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

6 of CAP water. 

7 (f) EFFECT.— 

8 (1) NO MODIFICATION OR PREEMPTION OF

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

10 nothing in this Act modifies, conflicts with, pre11 empts, or otherwise affects— 

12 (A) the Boulder Canyon Project Act (43 

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

14 (B) the Boulder Canyon Project Adjust15 ment Act (43 U.S.C. 618 et seq.); 

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

17 known as the ‘‘Colorado River Storage Project 

18 Act’’) (43 U.S.C. 620 et seq.); 

19 (D) the Colorado River Basin Project Act 

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

21 (E) the Treaty between the United States 

22 of America and Mexico respecting utilization of 

23 waters of the Colorado and Tijuana Rivers and 

24 of the Rio Grande, signed at Washington Feb25 ruary 3, 1944 (59 Stat. 1219); 
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1 (F) the Colorado River Compact; 

2 (G) the Upper Colorado River Basin Com3 pact; 

4 (H) the Omnibus Public Land Manage5 ment Act of 2009 (Public Law 111–11; 123 

6 Stat. 991); or 

7 (I) case law concerning water rights in the 

8 Colorado River system other than any case to 

9 enforce the Hualapai Tribe water rights settle10 ment agreement or this Act. 

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

12 Act or the Hualapai Tribe water rights settlement 

13 agreement limits the right of the Hualapai Tribe to 

14 enter into any agreement for the storage or banking 

15 of water in accordance with State law with— 

16 (A) the Arizona Water Banking Authority 

17 (or a successor agency or entity); or 

18 (B) any other lawful authority. 

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

20 (A) quantifies or otherwise affects the 

21 water rights, claims, or entitlements to water of 

22 any Indian Tribe other than the Hualapai 

23 Tribe; 

24 (B) affects the ability of the United States 

25 to take action on behalf of any Indian Tribe 
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1 other than the Hualapai Tribe, the members of 

2 the Hualapai Tribe, and the allottees; or 

3 (C) limits the right of the Hualapai Tribe 

4 to use any water of the Hualapai Tribe in any 

5 location on the Hualapai Reservation. 

Passed the Senate December 19, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 4104 

AN ACT 

To approve the settlement of water rights claims of 

claims, and for other purposes. water project relating to those water rights State of Arizona, to authorize construction of a the Hualapai Tribe and certain allottees in the