II 

113TH CONGRESS 

2D SESSION S. 2503 

To direct the Secretary of the Interior to enter into the Big Sandy RiverPlanet Ranch Water Rights Settlement Agreement and the Hualapai 

Tribe Bill Williams River Water Rights Settlement Agreement, to provide 

for the lease of certain land located within Planet Ranch on the Bill 

Williams River in the State of Arizona to benefit the Lower Colorado 

River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed 

in the State of Arizona. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2014 

Mr. FLAKE (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To direct the Secretary of the Interior to enter into the 

Big Sandy River-Planet Ranch Water Rights Settlement 

Agreement and the Hualapai Tribe Bill Williams River 

Water Rights Settlement Agreement, to provide for the 

lease of certain land located within Planet Ranch on 

the Bill Williams River in the State of Arizona to benefit 

the Lower Colorado River Multi-Species Conservation 

Program, and to provide for the settlement of specific 

water rights claims in the Bill Williams River watershed 

in the State of Arizona. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bill Williams River 

5 Water Rights Settlement Act of 2014’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

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

10 water rights in the Bill Williams River watershed in 

11 the State of Arizona for— 

12 (A) the Hualapai Tribe (acting on behalf 

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

14 (B) the Department of the Interior, includ15 ing, and acting on behalf of, the constituent bu16 reaus of the Department and, as specified, the 

17 United States as trustee for the Hualapai 

18 Tribe, the members of the Tribe, and the 

19 allottees; 

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

21 (A) the Big Sandy River-Planet Ranch 

22 Water Rights Settlement Agreement entered 

23 into among the Hualapai Tribe, the United 

24 States as trustee for the Tribe, the members of 

25 the Tribe and allottees, the Secretary of the InVerDate Mar 15 2010 04:06 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2503.IS S2503

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1 terior, the Arizona department of water re2 sources, and others, to the extent the Big 

3 Sandy River-Planet Ranch Agreement is con4 sistent with this Act; and 

5 (B) the Hualapai Tribe Big Sandy River6 Planet Ranch Water Rights Settlement Agree7 ment entered into among the Tribe, the United 

8 States, and the Freeport Minerals Corporation, 

9 to the extent the Hualapai Tribe Agreement is 

10 consistent with this Act; 

11 (3) to authorize and direct the Secretary— 

12 (A) to execute the duties and obligations of 

13 the Secretary under the Big Sandy River-Planet 

14 Ranch Agreement, the Hualapai Tribe Agree15 ment, and this Act; 

16 (B)(i) to remove objections to the applica17 tions for the severance and transfer of certain 

18 water rights, in partial consideration of the 

19 agreement of the parties to impose certain lim20 its on the extent of the use and transferability 

21 of the severed and transferred water right and 

22 other water rights; and 

23 (ii) to provide confirmation of those water 

24 rights; and 


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

4 Agreement in accordance with this Act; 

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

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

8 Planet Ranch, along with appurtenant water rights 

9 primarily along the Bill Williams River corridor, for 

10 use in the Conservation Program; 

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

12 into public ownership for the long-term benefit of 

13 the Conservation Program; and 

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

16 (A) to support a tribal water supply study 

17 necessary for the advancement of a settlement 

18 of the claims of the Tribe for rights to Colorado 

19 River water; and 

20 (B) to enable the Tribe to secure Colorado 

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

23 and facilitate a settlement of the claims of the 

24 Tribe for rights to Colorado River water. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 Arizona department of water resources, established 

5 pursuant to title 45 of the Arizona Revised Statutes 

6 (or a successor agency or entity). 

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

8 any allotment that— 

9 (A) was originally allotted to an individual 

10 Indian in the allotting document; 

11 (B) is located on land outside the bound12 aries of an Indian reservation within Mohave 

13 County, Arizona; and 

14 (C) as of the enforceability date, is held in 

15 trust by the United States for the benefit of an 

16 allottee. 

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

18 any individual who holds a beneficial real property 

19 interest in an allotment. 

20 (4) ARIZONA GAME AND FISH COMMISSION.— 

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

22 means the entity established pursuant to title 17 of 

23 the Arizona Revised Statutes to control the Arizona 

24 game and fish department (or a successor agency or 

25 entity). 


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1 (5) BAGDAD MINE COMPLEX AND BAGDAD

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

3 Bagdad Townsite’’ means the geographical area de4 picted on the map attached as exhibit 2.9 to the Big 

5 Sandy River-Planet Ranch Agreement. 

6 (6) BIG SANDY RIVER-PLANET RANCH AGREE7 MENT.— 

8 (A) IN GENERAL.—The term ‘‘Big Sandy 

9 River-Planet Ranch Agreement’’ means the Big 

10 Sandy River-Planet Ranch Water Rights Settle11 ment Agreement dated øllllll, 2014¿ 

12 and entered into among— 

13 (i) the Tribe; 

14 (ii) Department, including, and acting 

15 on behalf of, the constituent bureaus of the 

16 Department and, as specified, the United 

17 States as trustee for the Hualapai Tribe, 

18 the members of the Tribe, and the 

19 allottees; 

20 (iii) the Arizona Game and Fish Com21 mission; 

22 (iv) ADWR; and 

23 (v) the Corporation. 

24 (B) INCLUSIONS.—The term ‘‘Big Sandy 

25 River-Planet Ranch Agreement’’ includes— 


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1 (i) all exhibits to the agreement re2 ferred to in subparagraph (A); 

3 (ii) any amendments necessary to 

4 make the agreement consistent with this 

5 Act; and 

6 (iii) any other amendment approved 

7 by the parties to the agreement that are 

8 affected by the amendment (including the 

9 Secretary, acting on behalf of the United 

10 States). 

11 (7) BILL WILLIAMS RIVER WATERSHED.—The 

12 term ‘‘Bill Williams River watershed’’ means the wa13 tershed drained by the Bill Williams River and the 

14 tributaries of that river, including the Big Sandy 

15 and Santa Maria Rivers. 

16 (8) CONSERVATION PROGRAM.—The term 

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

18 term ‘‘Lower Colorado River Multi-Species Con19 servation Program’’ in section 9401 of the Omnibus 

20 Public Land Management Act of 2009 (Public Law 

21 111–11; 123 Stat. 1327). 

22 (9) CORPORATION.— 

23 (A) IN GENERAL.—The term ‘‘Corpora24 tion’’ means the Freeport Minerals Corporation, 

25 incorporated in the State of Delaware. 


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1 (B) INCLUSIONS.—The term ‘‘Corpora2 tion’’ includes all subsidiaries, affiliates, succes3 sors, and assigns of the Freeport Minerals Cor4 poration (such as Byner Cattle Company, incor5 porated in the State of Nevada). 

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

7 means the Department of the Interior. 

8 (11) ENFORCEABILITY DATE.—The term ‘‘en9 forceability date’’ means the applicable date de10 scribed in section 9. 

11 (12) FREEPORT GROUNDWATER WELLS.— 

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

13 Groundwater Wells’’ means the 5 wells identi14 fied by ADWR well registration numbers— 

15 (i) 55–592824; 

16 (ii) 55–595808; 

17 (iii) 55–595810; 

18 (iv) 55–200964; and 

19 (v) 55–908273. 

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

21 Groundwater Wells’’ includes any replacement 

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

23 by or for the Corporation to supply water to the 

24 Bagdad Mine Complex and Bagdad Townsite. 


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

2 Groundwater Wells’’ does not include any other 

3 well owned by the Corporation at any other lo4 cation. 

5 (13) HUALAPAI TRIBE AGREEMENT.— 

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

7 Tribe Agreement’’ means the Hualapai Tribe 

8 Bill Williams River Water Rights Settlement 

9 Agreement dated øllllll, 2014¿ en10 tered into among— 

11 (i) the Tribe; 

12 (ii) the United States, as trustee for 

13 the Tribe, the members of the Tribe, and 

14 the allottees; and 

15 (iii) the Corporation. 

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

17 Tribe Agreement’’ includes— 

18 (i) all exhibits to the agreement re19 ferred to in subparagraph (A); 

20 (ii) any amendments necessary to 

21 make the agreement consistent with this 

22 Act; and 

23 (iii) any other amendments approved 

24 by— 


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1 (I) each party to the agreement 

2 that is affected by the amendment; 

3 and 

4 (II) the Secretary. 

5 (14) HUALAPAI TRIBE WATER RIGHTS SETTLE6 MENT AGREEMENT.—The term ‘‘Hualapai Tribe 

7 Water Rights Settlement Agreement’’ means the set8 tlement agreement in the process of negotiation as 

9 of the date of enactment of this Act among the 

10 Tribe, the United States, the State of Arizona, the 

11 Central Arizona Water Conservation District, the 

12 Salt River Agricultural Improvement and Power 

13 District and Salt River Valley Water Users Associa14 tion, and the Corporation to resolve the claims of the 

15 Tribe for rights to Colorado River water and Verde 

16 River water. 

17 (15) INJURY.—The term ‘‘injury’’, with respect 

18 to a water right, means any interference with, dimi19 nution of, or deprivation of the water right under 

20 Federal, State, or other law. 

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

22 Ranch’’ means the property owned by the Corpora23 tion described in the special warranty deed recorded 

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


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1 05874 in the official records of La Paz County, Ari2 zona. 

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

4 the parcel of land that— 

5 (A) is depicted as 3 contiguous allotments 

6 identified as 1A, 1B, and 1C on the map at7 tached to the Big Sandy River-Planet Ranch 

8 Agreement as exhibit 2.10; and 

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

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

11 the parcel of land that— 

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

13 Big Sandy River-Planet Ranch Agreement as 

14 exhibit 2.10; and 

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

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

17 the parcel of land that— 

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

19 Big Sandy River-Planet Ranch Agreement as 

20 exhibit 2.10; 

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

22 (C) is part of the Hualapai Reservation 

23 pursuant to Executive Order 1368 of June 2, 

24 1911. 


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1 (20) PARTY.—The term ‘‘party’’ means an indi2 vidual or entity that is a signatory to— 

3 (A) the Big Sandy River-Planet Ranch 

4 Agreement; 

5 (B) the Hualapai Tribe Agreement; or 

6 (C) an exhibit to the Big Sandy River7 Planet Ranch Agreement or the Hualapai Tribe 

8 Agreement. 

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

10 Ranch’’ means the property owned by the Corpora11 tion described— 

12 (A) in the special warranty deed recorded 

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

14 05267 in the official records of La Paz County, 

15 Arizona; and 

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

17 the official records of Mohave County, Arizona. 

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

19 means the Secretary of the Interior. 

20 (23) SEVER AND TRANSFER APPLICATIONS.— 

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

22 the applications filed or amended by the Corporation 

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

24 sever and transfer certain water rights— 


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1 (A) from Lincoln Ranch and from Planet 

2 Ranch to the Wikieup Wellfield for use at the 

3 Bagdad Mine Complex and Bagdad Townsite; 

4 and 

5 (B) from portions of Planet Ranch (as de6 termined on the date on which the applications 

7 were filed or amended) to new locations within 

8 Planet Ranch. 

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

10 Hualapai Tribe, organized under section 16 of the 

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

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

13 recognized by the Secretary. 

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

15 means— 

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

17 water, or effluent under Federal, State, or 

18 other law; and 

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

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

21 (26) WIKIEUP WELLFIELD.—The term 

22 ‘‘Wikieup Wellfield’’ means the geographical area de23 picted on the map attached as exhibit 2.10 to the 

24 Big Sandy River-Planet Ranch Agreement. 


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

2 (a) IN GENERAL.—Except to the extent that any pro3 vision of, or amendment to, the Big Sandy River-Planet 

4 Ranch Agreement conflicts with this Act— 

5 (1) the Big Sandy River-Planet Ranch Agree6 ment is authorized, ratified, and confirmed; and 

7 (2) any amendment to the Big Sandy River8 Planet Ranch Agreement executed to make the Big 

9 Sandy River-Planet Ranch Agreement consistent 

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

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

12 River-Planet Ranch Agreement does not conflict with this 

13 Act, and in support of the purposes of this Act, the Sec14 retary shall execute— 

15 (1) the Big Sandy River-Planet Ranch Agree16 ment (including all exhibits to the Big Sandy River17 Planet Ranch Agreement requiring the signature of 

18 the Secretary); 

19 (2) any amendment to the Big Sandy River20 Planet Ranch Agreement (including any amendment 

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

22 Agreement requiring the signature of the Secretary) 

23 that is necessary to make the Big Sandy River-Plan24 et Ranch Agreement consistent with this Act; and 

25 (3) a conditional withdrawal of each objection 

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


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1 Land Management, and the United States Fish and 

2 Wildlife Service to the sever and transfer applica3 tions in the form set forth in exhibit 4.2.1(ii)(b) to 

4 the Big Sandy River-Planet Ranch Agreement. 

5 (c) DISCRETION OF SECRETARY.—The Secretary 

6 may execute any other amendment to the Big Sandy 

7 River-Planet Ranch Agreement (including any amendment 

8 to an exhibit to the Big Sandy River-Planet Ranch Agree9 ment requiring the signature of the Secretary) that is not 

10 inconsistent with this Act, if the amendment does not re11 quire approval by Congress. 

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

13 objection to any amendment to the sever and transfer ap14 plications or any new sever or transfer application filed 

15 by the Corporation to accomplish the sever and transfer 

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

17 Ranch and Lincoln Ranch to the Wikieup Wellfield, sub18 ject to the condition that the form of such an amendment 

19 or new application shall be substantially similar to a form 

20 attached to the Big Sandy River-Planet Ranch Agreement 

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

22 SEC. 5. HUALAPAI TRIBE AGREEMENT. 

23 (a) IN GENERAL.—Except to the extent that any pro24 vision of, or amendment to, the Hualapai Tribe Agreement 

25 conflicts with this Act— 


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1 (1) the Hualapai Tribe Agreement is author2 ized, ratified, and confirmed; and 

3 (2) any amendment to the Hualapai Tribe 

4 Agreement executed to make the Hualapai Tribe 

5 Agreement consistent with this Act is authorized, 

6 ratified, and confirmed. 

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

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

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

10 execute— 

11 (1) the Hualapai Tribe Agreement (including 

12 all exhibits to the Hualapai Tribe Agreement requir13 ing the signature of the Secretary); and 

14 (2) any amendment to the Hualapai Tribe 

15 Agreement (including any amendment to an exhibit 

16 of the Hualapai Tribe Agreement requiring the sig17 nature of the Secretary) that is necessary to make 

18 the Hualapai Tribe Agreement consistent with this 

19 Act. 

20 (c) DISCRETION OF SECRETARY.—The Secretary 

21 may execute any other amendment to the Hualapai Tribe 

22 Agreement (including any amendment to an exhibit to the 

23 Hualapai Tribe Agreement requiring the signature of the 

24 Secretary) that is not inconsistent with this Act, if the 

25 amendment does not require approval by Congress. 


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1 (d) CONTRIBUTION OF CORPORATION TO ECONOMIC

2 DEVELOPMENT FUND.— 

3 (1) IN GENERAL.—The contribution of the Cor4 poration to the economic development fund of the 

5 Tribe, as provided in section 8.1 of the Hualapai 

6 Tribe Agreement— 

7 (A) may be used by the Tribe for the lim8 ited purpose of enabling the Tribe— 

9 (i) to acquire Colorado River water 

10 rights with the intent to increase the secu11 rity of the water rights of the Tribe; and 

12 (ii) to otherwise facilitate the use of 

13 water on the Hualapai Reservation; and 

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

15 contribution that counts toward any non-Fed16 eral contribution associated with a settlement of 

17 the claims of the Tribe for rights to Colorado 

18 River water. 

19 (2) LIMITATION ON TRANSFER OF WATER

20 RIGHTS.—The Colorado River water rights acquired 

21 by the Tribe may be used off the Hualapai Reserva22 tion only for irrigation of acquired appurtenant land, 

23 or for storage in accordance with Federal and State 

24 law in a permitted recharge facility in the State of 

25 Arizona, subject to the conditions that— 


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

2 sell accumulated long-term storage credits gen3 erated from the storage of the acquired Colo4 rado River water rights; and 

5 (B) the Tribe shall not seek approval to 

6 change the place of use of the acquired Colo7 rado River water rights, except for the purposes 

8 of storing the water in accordance with sub9 paragraph (A). 

10 (3) EXPIRATION.—The authority provided 

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

12 (A) the date on which the Hualapai Tribe 

13 Water Rights Settlement Agreement becomes 

14 enforceable; and 

15 (B) December 31, 2039. 

16 (4) COLORADO RIVER WATER RIGHTS COUNTED

17 AGAINST CLAIMS OF TRIBE.— 

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

19 Water Rights Settlement Agreement does not 

20 become enforceable by December 31, 2039, any 

21 Colorado River water rights acquired by the 

22 Tribe with the contribution of the Corporation 

23 to the economic development fund of the Tribe 

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

25 basis, toward the claims of the Tribe for rights 


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1 to Colorado River water in any subsequent set2 tlement or adjudication of those claims. 

3 (B) EFFECT OF PARAGRAPH.—Nothing in 

4 this paragraph restricts any claim for rights of 

5 the Tribe to Colorado River water in any subse6 quent settlement or adjudication. 

7 (e) FUTURE LIMITATIONS ON LAND TAKEN INTO

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

9 Tribe Agreement, the parties to the Hualapai Tribe Agree10 ment shall negotiate in good faith with other parties the 

11 terms under which any land within the State of Arizona 

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

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

14 with any applicable terms to be incorporated into a future 

15 agreement settling the claims of the Tribe for rights to 

16 Colorado River water, and the Federal law approving the 

17 agreement, subject to approval by Congress. 

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

19 (a) CLAIMS BY DEPARTMENT UNDER BIG SANDY

20 RIVER-PLANET RANCH AGREEMENT.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (3), the Secretary is authorized to execute a 

23 waiver and release of all claims of the Department 

24 against the Corporation under Federal, State, or any 

25 other law for— 


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1 (A) all past and present claims for injury 

2 to water rights resulting from the diversion of 

3 water by the Corporation from the Wikieup 

4 Wellfield or the Freeport Groundwater Wells 

5 arising prior to the enforceability date; 

6 (B) all claims for injury to water rights 

7 arising after the enforceability date resulting 

8 from the diversion of water by the Corporation 

9 from the Wikieup Wellfield or the Freeport 

10 Groundwater Wells in a manner not in violation 

11 of the Big Sandy River-Planet Ranch Agree12 ment; and 

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

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

15 negotiation or execution of the Big Sandy 

16 River-Planet Ranch Agreement. 

17 (2) EFFECTIVE DATE.—The waivers and re18 leases of claims under paragraph (1) shall— 

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

20 7.2(ii) to the Big Sandy River-Planet Ranch 

21 Agreement; and 

22 (B) take effect on the enforceability date. 

23 (3) RETENTION OF RIGHTS.—The Department 

24 shall retain all rights not expressly waived under 

25 paragraph (1), including the right— 


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

2 seek enforcement of, the Big Sandy River-Plan3 et Ranch Agreement or this Act in any United 

4 States court or State court of competent juris5 diction; and 

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

7 claim to a water right that is not inconsistent 

8 with the Big Sandy River-Planet Ranch Agree9 ment or this Act. 

10 (b) CLAIMS BY TRIBE AND UNITED STATES AS

11 TRUSTEE UNDER BIG SANDY RIVER-PLANET RANCH

12 AGREEMENT.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (3), the Tribe and the United States, acting 

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

16 are authorized to execute a waiver and release of all 

17 claims against the Corporation for— 

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

19 United States as trustee for the Tribe and 

20 members of the Tribe with respect to Parcel 3 

21 in excess of 300 acre-feet per year; 

22 (B) all past and present claims for injury 

23 to water rights arising before the enforceability 

24 date resulting from the diversion of water by 


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1 the Corporation from the Wikieup Wellfield or 

2 the Freeport Groundwater Wells; and 

3 (C) all claims for injury to water rights 

4 arising after the enforceability date resulting 

5 from the diversion of water by the Corporation 

6 from the Wikieup Wellfield or the Freeport 

7 Groundwater Wells in a manner not in violation 

8 of the Big Sandy River-Planet Ranch Agree9 ment or the Hualapai Tribe Agreement. 

10 (2) EFFECTIVE DATE.—The waivers and re11 leases of claims under paragraph (1) shall— 

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

13 7.1(ii) to the Hualapai Tribe Agreement; and 

14 (B) take effect on the enforceability date. 

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

16 the United States, acting as trustee for the Tribe 

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

18 expressly waived under paragraph (1), including the 

19 right— 

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

21 seek enforcement of, the Big Sandy River-Plan22 et Ranch Agreement or this Act in any United 

23 States court or State court of competent juris24 diction; and 


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

2 claim to a water right that is not inconsistent 

3 with the Big Sandy River-Planet Ranch Agree4 ment or this Act. 

5 (c) CLAIMS BY UNITED STATES AS TRUSTEE FOR

6 ALLOTTEES UNDER BIG SANDY RIVER-PLANET RANCH

7 AGREEMENT.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (3), the United States, acting as trustee for 

10 the allottees, is authorized to execute a waiver and 

11 release of all claims against the Corporation for— 

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

13 United States as trustee for the allottees with 

14 respect to— 

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

16 per year; or 

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

18 per year; 

19 (B) all past and present claims for injury 

20 to water rights arising before the enforceability 

21 date resulting from the diversion of water by 

22 the Corporation from the Wikieup Wellfield or 

23 the Freeport Groundwater Wells; and 

24 (C) all claims for injury to water rights 

25 arising after the enforceability date resulting 


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1 from the diversion of water by the Corporation 

2 from the Wikieup Wellfield or the Freeport 

3 Groundwater Wells in a manner not in violation 

4 of the Big Sandy River-Planet Ranch Agree5 ment. 

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

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

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

10 (B) take effect on the enforceability date. 

11 (3) RETENTION OF RIGHTS.—The United 

12 States, acting as trustee for the allottees, shall re13 tain all rights not expressly waived under paragraph 

14 (1), including the right— 

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

16 seek enforcement of, the Big Sandy River-Plan17 et Ranch Agreement or this Act in any United 

18 States court or State court of competent juris19 diction; and 

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

21 claim to a water right that is not inconsistent 

22 with the Big Sandy River-Planet Ranch Agree23 ment or this Act. 

24 (d) CLAIMS BY TRIBE AND UNITED STATES AS

25 TRUSTEE UNDER HUALAPAI TRIBE AGREEMENT.— 


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

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

4 the allottees, as part of the performance of obliga5 tions under the Hualapai Tribe Agreement, are au6 thorized to execute a waiver and release of all claims 

7 that the Tribe or the United States as trustee for 

8 the Tribe, members of the Tribe, or the allottees 

9 may have against the Corporation under Federal, 

10 State, or any other law, for— 

11 (A) all past and present claims for injury 

12 to water rights resulting from the diversion of 

13 water by the Corporation from the Bill Williams 

14 River watershed arising prior to the enforce15 ability date; 

16 (B) all claims for injury to water rights 

17 arising after the enforceability date resulting 

18 from the diversion of water by the Corporation 

19 from the Bill Williams River watershed in a 

20 manner not in violation of the Hualapai Tribe 

21 Agreement; and 

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

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

24 negotiation or execution of the Hualapai Tribe 

25 Agreement. 


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1 (2) EFFECTIVE DATE.—The waivers and re2 leases of claims under paragraph (1) shall— 

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

4 7.1(ii) to the Hualapai Tribe Agreement; and 

5 (B) take effect on the enforceability date. 

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

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

8 the members of the Tribe, and the allottees, shall re9 tain all rights not expressly waived under paragraph 

10 (1), including the right to assert— 

11 (A) subject to paragraph 10.5 of the 

12 Hualapai Tribe Agreement, a claim for breach 

13 of, or to seek enforcement of, the Hualapai 

14 Tribe Agreement or this Act in any United 

15 States court or State court of competent juris16 diction; 

17 (B) any claim for injury to, or to seek en18 forcement of, the rights of the Tribe under any 

19 applicable judgment or decree approving or in20 corporating the Hualapai Tribe Agreement; and 

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

22 water rights that is not inconsistent with the 

23 Hualapai Tribe Agreement or this Act. 


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1 (e) CLAIMS BY TRIBE AGAINST UNITED STATES

2 UNDER BIG SANDY RIVER-PLANET RANCH AGREEMENT

3 AND HUALAPAI TRIBE AGREEMENT.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (3), the Tribe, on behalf of the Tribe and the 

6 members of the Tribe, is authorized to execute a 

7 waiver and release of all claims against the Depart8 ment and the agents and employees of the Depart9 ment for— 

10 (A) all past, present, and future claims re11 lating to injury to water rights associated with 

12 Parcel 3 in excess of 300 acre-feet per year that 

13 the Department, acting as trustee for the Tribe, 

14 asserted or could have asserted against any 

15 party to the Hualapai Tribe Agreement, includ16 ing the Corporation; 

17 (B) all past and present claims relating to 

18 injury to water rights arising before the en19 forceability date associated with Parcel 3, in20 cluding any injury from withdrawal of a protest 

21 to the sever and transfer applications; 

22 (C) all claims relating to injury to water 

23 rights arising after the enforceability date asso24 ciated with Parcel 3, except for injury to the 


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1 water right for 300 acre-feet per year associ2 ated with Parcel 3; and 

3 (D) all past, present, and future claims re4 lating to any potential injury arising out of, or 

5 relating in any manner to, the negotiation or 

6 execution of the Big Sandy River-Planet Ranch 

7 Agreement or the Hualapai Tribe Agreement. 

8 (2) EFFECTIVE DATE.—The waivers and re9 leases of claims under paragraph (1) shall— 

10 (A) be in the form set forth in, as applica11 ble— 

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

13 River-Planet Ranch Agreement; or 

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

15 Tribe Agreement; and 

16 (B) take effect on the enforceability date. 

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

18 retain all rights not expressly waived under para19 graph (1), including the right— 

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

21 seek enforcement of, the Big Sandy River-Plan22 et Ranch Agreement, the Hualapai Tribe 

23 Agreement, or this Act in any United States 

24 court or State court of competent jurisdiction; 

25 and 


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

2 claim to a water right that is not inconsistent 

3 with the Big Sandy River-Planet Ranch Agree4 ment, the Hualapai Tribe Agreement, or this 

5 Act. 

6 SEC. 7. ADMINISTRATION. 

7 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

8 (1) IN GENERAL.—In the case of a civil action 

9 described in paragraph (2)— 

10 (A) the United States or the Tribe, or 

11 both, may be joined in a civil action commenced 

12 by any party to the Big Sandy River-Planet 

13 Ranch Agreement or the Hualapai Tribe Agree14 ment; and 

15 (B) any claim by the United States or the 

16 Tribe to sovereign immunity from the civil ac17 tion is waived for the sole purpose of resolving 

18 any issue regarding the interpretation or en19 forcement of, as applicable— 

20 (i) this Act; 

21 (ii) the Big Sandy River-Planet Ranch 

22 Agreement; or 

23 (iii) the Hualapai Tribe Agreement. 

24 (2) DESCRIPTION OF CIVIL ACTION.—A civil ac25 tion referred to in paragraph (1) is a civil action 


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1 filed by any party in a United States court or State 

2 court that— 

3 (A) relates solely and directly to the inter4 pretation or enforcement of this Act, the Big 

5 Sandy River-Planet Ranch Agreement, or the 

6 Hualapai Tribe Agreement; 

7 (B) does not seek any award against the 

8 United States or the Tribe for monetary dam9 ages, costs, or attorneys’ fees; and 

10 (C) names the United States or the Tribe 

11 as a party. 

12 (b) ANTIDEFICIENCY.— 

13 (1) IN GENERAL.—Notwithstanding any author14 ization of appropriations to carry out this Act, the 

15 expenditure or advance of any funds, and the per16 formance of any obligation by the Department in 

17 any capacity, pursuant to this Act shall be contin18 gent on the appropriation of funds for that expendi19 ture, advance, or performance. 

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

21 liable for the failure to carry out any obligation or 

22 activity authorized by this Act if adequate appro23 priations are not provided to carry out this Act. 

24 (c) PUBLIC ACCESS.—Nothing in this Act prohibits 

25 reasonable public access to Planet Ranch or Lincoln 


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1 Ranch in a manner that is consistent with all applicable 

2 Federal and State laws and any applicable conservation 

3 management plan implemented under the Conservation 

4 Program. 

5 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

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

7 River-Planet Ranch Agreement, the Hualapai Tribe 

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

9 all applicable Federal environmental laws (including regu10 lations), including— 

11 (1) the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.); and 

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

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

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

16 the Secretary of the Big Sandy River-Planet Ranch Agree17 ment and the Hualapai Tribe Agreement in accordance 

18 with this Act shall not constitute a major Federal action 

19 for purposes of section 102 of the National Environmental 

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

21 (c) UNITED STATES ENFORCEMENT AUTHORITY.— 

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

23 Agreement, or the Hualapai Tribe Agreement affects any 

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

25 any environmental action) under any law (including reguVerDate Mar 15 2010 04:06 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2503.IS S2503

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1 lations and common law) relating to human health, safety, 

2 or the environment. 

3 SEC. 9. ENFORCEABILITY DATE. 

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

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

6 Secretary publishes in the Federal Register a statement 

7 of findings that— 

8 (1)(A) to the extent that the Big Sandy River9 Planet Ranch Agreement or the Hualapai Tribe 

10 Agreement conflict with this Act, the applicable 

11 agreement has been revised by amendment to elimi12 nate the conflict; and 

13 (B) the Big Sandy River-Planet Ranch Agree14 ment and the Hualapai Tribe Agreement have been 

15 executed by all parties to those agreements; 

16 (2) the Corporation has submitted to ADWR a 

17 conditional amendment of the sever and transfer ap18 plications for the Lincoln Ranch water right and 

19 amendments to the sever and transfer applications 

20 for Planet Ranch and Lincoln Ranch water rights 

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

22 River-Planet Ranch Agreement; 

23 (3) the Secretary and the Arizona Game and 

24 Fish Commission have executed and filed with 


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1 ADWR a conditional withdrawal of each objection 

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

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

4 approving the sever and transfer applications of the 

5 Corporation; and 

6 (B) all objections to the sever and transfer ap7 plications have been— 

8 (i) conditionally withdrawn; or 

9 (ii) resolved in a decision issued by ADWR 

10 that is final and nonappealable; 

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

12 parties to the Big Sandy River-Planet Ranch Agree13 ment and the Hualapai Tribe Agreement that the 

14 Department has completed the legally required envi15 ronmental compliance described in section 8; 

16 (6) the steering committee for the Conservation 

17 Program has approved and authorized the manager 

18 of the Conservation Program to execute the lease in 

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

20 Sandy River-Planet Ranch Agreement; and 

21 (7) the waivers and releases authorized by sec22 tion 6 have been executed by the Tribe and the Sec23 retary. 

24 (b) RATIFICATION AND EXECUTION OF AGREE25 MENTS.—Notwithstanding subsection (a), for purposes of 


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1 sections 4, 5, and 8, the Secretary shall carry out the re2 quirements of this Act as promptly as practicable after 

3 the date of enactment of this Act. 

4 (c) FAILURE OF ENFORCEABILITY DATE TO

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

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

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

8 and the Corporation, after providing reasonable notice to 

9 the State of Arizona— 

10 (1) this Act is repealed effective beginning on 

11 the later of— 

12 (A) December 31, 2015; and 

13 (B) the date that is 14 days after the ex14 tended date agreed to by the Tribe, the Sec15 retary, and the Corporation, after providing 

16 reasonable notice to the State of Arizona; 

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

18 out this Act shall cease, and any agreement executed 

19 pursuant to this Act, shall be void; and 

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

21 allottees, and the United States, acting as trustee 

22 for the Tribe, members of the Tribe, and the 

23 allottees, shall retain the right to assert past, 

24 present, and future claims to water rights and 


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1 claims for injury to water rights in the Bill Williams 

2 River watershed. 

Æ 


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