IB 

Union Calendar No. 483 

108TH CONGRESS 

2D SESSION H. R. 885 

[Report No. 108–793] 

To provide for adjustments to the Central Arizona Project in Arizona, to 

authorize the Gila River Indian Community water rights settlement, 

to reauthorize and amend the Southern Arizona Water Rights Settlement 

Act of 1982, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2003 

Mr. HAYWORTH (for himself, Mr. KOLBE, Mr. FRANKS of Arizona, Mr. 

GRIJALVA, and Mr. PASTOR) introduced the following bill; which was referred to the Committee on Resources 

NOVEMBER 20, 2004 

Additional sponsors: Mr. SHADEGG, Mr. BACA, and Mr. FLAKE

NOVEMBER 20, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 25, 2003] 

A BILL 

To provide for adjustments to the Central Arizona Project 

in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend 

the Southern Arizona Water Rights Settlement Act of 

1982, and for other purposes. 
2 

•HR 885 RH 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ari5 zona Water Settlements Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Arbitration. 

Sec. 4. Antideficiency. 

TITLE I—CENTRAL ARIZONA PROJECT SETTLEMENT 

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. General permissible uses of the Central Arizona Project. 

Sec. 104. Allocation of Central Arizona Project water. 

Sec. 105. Firming of Central Arizona Project Indian water. 

Sec. 106. Acquisition of agricultural priority water. 

Sec. 107. Lower Colorado River Basin Development Fund. 

Sec. 108. Effect. 

Sec. 109. Repeal. 

Sec. 110. Authorization of appropriations. 

Sec. 111. Repeal on failure of enforceability date under title II. 

TITLE II—GILA RIVER INDIAN COMMUNITY WATER RIGHTS 

SETTLEMENT 

Sec. 201. Short title. 

Sec. 202. Purposes. 

Sec. 203. Approval of the Gila River Indian Community Water Rights Settlement 

Agreement. 

Sec. 204. Water rights. 

Sec. 205. Community water delivery contract amendments. 

Sec. 206. Satisfaction of claims. 

Sec. 207. Waiver and release of claims. 

Sec. 208. Gila River Indian Community Water OM&R Trust Fund. 

Sec. 209. Subsidence remediation program. 

Sec. 210. After-acquired trust land. 

Sec. 211. Reduction of water rights. 

Sec. 212. New Mexico Unit of the Central Arizona Project. 

Sec. 213. Miscellaneous provisions. 

Sec. 214. Authorization of appropriations. 

Sec. 215. Repeal on failure of enforceability date. 
3 

•HR 885 RH 

TITLE III—SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT 

Sec. 301. Southern Arizona water rights settlement. 

Sec. 302. Southern Arizona water rights settlement effective date. 

TITLE IV—SAN CARLOS APACHE TRIBE WATER RIGHTS 

SETTLEMENT 

Sec. 401. Effect of titles I, II, and III. 

Sec. 402. Annual report. 

Sec. 403. Authorization of appropriations.

1 SEC. 2. DEFINITIONS. 

2 In titles I and II: 

3 (1) ACRE-FEET.—The term ‘‘acre-feet’’ means 

4 acre-feet per year. 

5 (2) AFTER-ACQUIRED TRUST LAND.—The term 

6 ‘‘after-acquired trust land’’ means land that— 

7 (A) is located— 

8 (i) within the State; but 

9 (ii) outside the exterior boundaries of 

10 the Reservation; and 

11 (B) is taken into trust by the United States 

12 for the benefit of the Community after the en13 forceability date. 

14 (3) AGRICULTURAL PRIORITY WATER.—The term 

15 ‘‘agricultural priority water’’ means Central Arizona 

16 Project non-Indian agricultural priority water, as de17 fined in the Gila River agreement. 

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

19 person who holds a beneficial real property interest in 

20 an Indian allotment that is— 
4 

•HR 885 RH 

1 (A) located within the Reservation; and 

2 (B) held in trust by the United States. 

3 (5) ARIZONA INDIAN TRIBE.—The term ‘‘Arizona 

4 Indian tribe’’ means an Indian tribe (as defined in 

5 section 4 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 450b)) that is lo7 cated in the State. 

8 (6) ASARCO.—The term ‘‘Asarco’’ means Asarco 

9 Incorporated, a New Jersey corporation of that name, 

10 and its subsidiaries operating mining operations in 

11 the State. 

12 (7) CAP CONTRACTOR.—The term ‘‘CAP con13 tractor’’ means a person or entity that has entered 

14 into a long-term contract (as that term is used in the 

15 repayment stipulation) with the United States for de16 livery of water through the CAP system. 

17 (8) CAP OPERATING AGENCY.—The term ‘‘CAP 

18 operating agency’’ means the entity or entities au19 thorized to assume responsibility for the care, oper20 ation, maintenance, and replacement of the CAP sys21 tem. 

22 (9) CAP REPAYMENT CONTRACT.— 

23 (A) IN GENERAL.—The term ‘‘CAP repay24 ment contract’’ means the contract dated Decem25 ber 1, 1988 (Contract No. 14–0906–09W–09245, 
5 

•HR 885 RH 

1 Amendment No. 1) between the United States 

2 and the Central Arizona Water Conservation 

3 District for the delivery of water and the repay4 ment of costs of the Central Arizona Project. 

5 (B) INCLUSIONS.—The term ‘‘CAP repay6 ment contract’’ includes all amendments to and 

7 revisions of that contract. 

8 (10) CAP SUBCONTRACTOR.—The term ‘‘CAP 

9 subcontractor’’ means a person or entity that has en10 tered into a long-term subcontract (as that term is 

11 used in the repayment stipulation) with the United 

12 States and the Central Arizona Water Conservation 

13 District for the delivery of water through the CAP 

14 system. 

15 (11) CAP SYSTEM.—The term ‘‘CAP system’’ 

16 means— 

17 (A) the Mark Wilmer Pumping Plant; 

18 (B) the Hayden-Rhodes Aqueduct; 

19 (C) the Fannin-McFarland Aqueduct; 

20 (D) the Tucson Aqueduct; 

21 (E) the pumping plants and appurtenant 

22 works of the Central Arizona Project aqueduct 

23 system that are associated with the features de24 scribed in subparagraphs (A) through (D); and 
6 

•HR 885 RH 

1 (F) any extensions of, additions to, or re2 placements for the features described in subpara3 graphs (A) through (E). 

4 (12) CENTRAL ARIZONA PROJECT.—The term 

5 ‘‘Central Arizona Project’’ means the reclamation 

6 project authorized and constructed by the United 

7 States in accordance with title III of the Colorado 

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

9 (13) CENTRAL ARIZONA WATER CONSERVATION

10 DISTRICT.—The term ‘‘Central Arizona Water Con11 servation District’’ means the political subdivision of 

12 the State that is the contractor under the CAP repay13 ment contract. 

14 (14) CITIES.—The term ‘‘Cities’’ means the cities 

15 of Chandler, Glendale, Goodyear, Mesa, Peoria, Phoe16 nix, and Scottsdale, Arizona. 

17 (15) COMMUNITY.—The term ‘‘Community’’ 

18 means the Gila River Indian Community, a govern19 ment composed of members of the Pima Tribe and the 

20 Maricopa Tribe and organized under section 16 of the 

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

22 (16) COMMUNITY CAP WATER.—The term ‘‘Com23 munity CAP water’’ means water to which the Com24 munity is entitled under the Community water deliv25 ery contract. 
7 

•HR 885 RH 

1 (17) COMMUNITY REPAYMENT CONTRACT.— 

2 (A) IN GENERAL.—The term ‘‘Community 

3 repayment contract’’ means Contract No. 6– 

4 0907–0903–09W0345 between the United States 

5 and the Community dated July 20, 1998, pro6 viding for the construction of water delivery fa7 cilities on the Reservation. 

8 (B) INCLUSIONS.—The term ‘‘Community 

9 repayment contract’’ includes any amendments 

10 to the contract described in subparagraph (A). 

11 (18) COMMUNITY WATER DELIVERY CONTRACT.— 

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

13 water delivery contract’’ means Contract No. 3– 

14 0907–0930–09W0284 between the Community 

15 and the United States dated October 22, 1992. 

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

17 water delivery contract’’ includes any amend18 ments to the contract described in subparagraph 

19 (A). 

20 (19) CRR PROJECT WORKS.— 

21 (A) IN GENERAL.—The term ‘‘CRR project 

22 works’’ means the portions of the San Carlos Ir23 rigation Project located on the Reservation. 

24 (B) INCLUSION.—The term ‘‘CRR Project 

25 works’’ includes the portion of the San Carlos Ir-
8 

•HR 885 RH 

1 rigation Project known as the ‘‘Southside 

2 Canal’’, from the point at which the Southside 

3 Canal connects with the Pima Canal to the 

4 boundary of the Reservation. 

5 (20) DIRECTOR.—The term ‘‘Director’’ means— 

6 (A) the Director of the Arizona Department 

7 of Water Resources; or 

8 (B) with respect to an action to be carried 

9 out under this title, a State official or agency 

10 designated by the Governor or the State legisla11 ture. 

12 (21) ENFORCEABILITY DATE.—The term ‘‘en13 forceability date’’ means the date on which the Sec14 retary publishes in the Federal Register the statement 

15 of findings described in section 207(c). 

16 (22) FEE LAND.—The term ‘‘fee land’’ means 

17 land, other than off-Reservation trust land, owned by 

18 the Community outside the exterior boundaries of the 

19 Reservation as of December 31, 2002. 

20 (23) FIXED OM&R CHARGE.—The term ‘‘fixed 

21 OM&R charge’’ has the meaning given the term in the 

22 repayment stipulation. 

23 (24) FRANKLIN IRRIGATION DISTRICT.—The term 

24 ‘‘Franklin Irrigation District’’ means the entity of 
9 

•HR 885 RH 

1 that name that is a political subdivision of the State 

2 and organized under the laws of the State. 

3 (25) GILA RIVER ADJUDICATION PRO4 CEEDINGS.—The term ‘‘Gila River adjudication pro5 ceedings’’ means the action pending in the Superior 

6 Court of the State of Arizona in and for the County 

7 of Maricopa styled ‘‘In Re the General Adjudication 

8 of All Rights To Use Water In The Gila River System 

9 and Source’’ W–091 (Salt), W–092 (Verde), W–093 

10 (Upper Gila), W–094 (San Pedro) (Consolidated). 

11 (26) GILA RIVER AGREEMENT.— 

12 (A) IN GENERAL.—The term ‘‘Gila River 

13 agreement’’ means the agreement entitled the 

14 ‘‘Gila River Indian Community Water Rights 

15 Settlement Agreement’’, dated February 4, 2003. 

16 (B) INCLUSIONS.—The term ‘‘Gila River 

17 agreement’’ includes— 

18 (i) all exhibits to that agreement (in19 cluding the New Mexico Risk Allocation 

20 Agreement, which is also an exhibit to the 

21 UVD Agreement); and 

22 (ii) any amendment to that agreement 

23 or to an exhibit to that agreement made or 

24 added pursuant to that agreement consistent 
10 

•HR 885 RH 

1 with section 203(a) or as approved by the 

2 Secretary. 

3 (27) GILA VALLEY IRRIGATION DISTRICT.—The 

4 term ‘‘Gila Valley Irrigation District’’ means the en5 tity of that name that is a political subdivision of the 

6 State and organized under the laws of the State. 

7 (28) GLOBE EQUITY DECREE.— 

8 (A) IN GENERAL.—The term ‘‘Globe Equity 

9 Decree’’ means the decree dated June 29, 1935, 

10 entered in United States of America v. Gila Val11 ley Irrigation District, Globe Equity No. 59, et 

12 al., by the United States District Court for the 

13 District of Arizona. 

14 (B) INCLUSIONS.—The term ‘‘Globe Equity 

15 Decree’’ includes all court orders and decisions 

16 supplemental to that decree. 

17 (29) HAGGARD DECREE.— 

18 (A) IN GENERAL.—The term ‘‘Haggard De19 cree’’ means the decree dated June 11, 1903, en20 tered in United States of America, as guardian 

21 of Chief Charley Juan Saul and Cyrus Sam, 

22 Maricopa Indians and 400 other Maricopa Indi23 ans similarly situated v. Haggard, et al., Cause 

24 No. 19, in the District Court for the Third Judi-
11 

•HR 885 RH 

1 cial District of the Territory of Arizona, in and 

2 for the County of Maricopa. 

3 (B) INCLUSIONS.—The term ‘‘Haggard De4 cree’’ includes all court orders and decisions sup5 plemental to that decree. 

6 (30) INCLUDING.—The term ‘‘including’’ has the 

7 same meaning as the term ‘‘including, but not limited 

8 to’’. 

9 (31) INJURY TO WATER QUALITY.—The term ‘‘in10 jury to water quality’’ means any contamination, 

11 diminution, or deprivation of water quality under 

12 Federal, State, or other law. 

13 (32) INJURY TO WATER RIGHTS.— 

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

15 water rights’’ means an interference with, dimi16 nution of, or deprivation of water rights under 

17 Federal, State, or other law. 

18 (B) INCLUSION.—The term ‘‘injury to water 

19 rights’’ includes a change in the underground 

20 water table and any effect of such a change. 

21 (C) EXCLUSION.—The term ‘‘injury to 

22 water rights’’ does not include subsidence dam23 age or injury to water quality. 

24 (33) LOWER COLORADO RIVER BASIN DEVELOP25 MENT FUND.—The term ‘‘Lower Colorado River 
12 

•HR 885 RH 

1 Basin Development Fund’’ means the fund established 

2 by section 403 of the Colorado River Basin Project 

3 Act (43 U.S.C. 1543). 

4 (34) MASTER AGREEMENT.—The term ‘‘master 

5 agreement’’ means the agreement entitled ‘‘Arizona 

6 Water Settlement Agreement’’ among the Director, the 

7 Central Arizona Water Conservation District, and the 

8 Secretary, dated August 16, 2004. 

9 (35) NM CAP ENTITY.—The term ‘‘NM CAP enti10 ty’’ means the entity or entities that the State of New 

11 Mexico may authorize to assume responsibility for the 

12 design, construction, operation, maintenance, and re13 placement of the New Mexico Unit. 

14 (36) NEW MEXICO CONSUMPTIVE USE AND FOR15 BEARANCE AGREEMENT.— 

16 (A) IN GENERAL.—The term ‘‘New Mexico 

17 Consumptive Use and Forbearance Agreement’’ 

18 means that agreement entitled the ‘‘New Mexico 

19 Consumptive Use and Forbearance Agreement,’’ 

20 entered into by and among the United States, 

21 the Community, the San Carlos Irrigation and 

22 Drainage District, and all of the signatories to 

23 the UVD Agreement, and approved by the State 

24 of New Mexico, and authorized, ratified, and ap25 proved by section 212(b). 
13 

•HR 885 RH 

1 (B) INCLUSIONS.—The ‘‘New Mexico Con2 sumptive Use and Forbearance Agreement’’ in3 cludes— 

4 (i) all exhibits to that agreement (in5 cluding the New Mexico Risk Allocation 

6 agreement, which is also an exhibit to the 

7 UVD agreement); and 

8 (ii) any amendment to that agreement 

9 made or added pursuant to that agreement. 

10 (37) NEW MEXICO UNIT.—The term ‘‘New Mexico 

11 Unit’’ means that unit or units of the Central Ari12 zona Project authorized by sections 301(a)(4) and 304 

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

14 1521(a)(4), 1524) (as amended by section 212). 

15 (38) NEW MEXICO UNIT AGREEMENT.— 

16 (A) IN GENERAL.—The term ‘‘New Mexico 

17 Unit Agreement’’ means that agreement entitled 

18 the ‘‘New Mexico Unit Agreement,’’ to be entered 

19 into by and between the United States and the 

20 NM CAP entity upon notice to the Secretary 

21 from the State of New Mexico that the State of 

22 New Mexico intends to have the New Mexico 

23 Unit constructed or developed. 

24 (B) INCLUSIONS.—The ‘‘New Mexico Unit 

25 Agreement’’ includes— 
14 

•HR 885 RH 

1 (i) all exhibits to that agreement; and 

2 (ii) any amendment to that agreement 

3 made or added pursuant to that agreement. 

4 (39) OFF-RESERVATION TRUST LAND.—The term 

5 ‘‘off-Reservation trust land’’ means land outside the 

6 exterior boundaries of the Reservation that is held in 

7 trust by the United States for the benefit of the Com8 munity as of the enforceability date. 

9 (40) PHELPS DODGE.—The term ‘‘Phelps Dodge’’ 

10 means the Phelps Dodge Corporation, a New York 

11 corporation of that name, and Phelps Dodge’s subsidi12 aries (including Phelps Dodge Morenci, Inc., a Dela13 ware corporation of that name), and Phelps Dodge’s 

14 successors or assigns. 

15 (41) REPAYMENT STIPULATION.—The term ‘‘re16 payment stipulation’’ means the Revised Stipulation 

17 Regarding a Stay of Litigation, Resolution of Issues 

18 During the Stay, and for Ultimate Judgment Upon 

19 the Satisfaction of Conditions, filed with the United 

20 States District Court for the District of Arizona in 

21 Central Arizona Water Conservation District v. 

22 United States, et al., No. CIV 95–09625–09TUC– 

23 09WDB(EHC), No. CIV 95–091720–09PHX–09EHC 

24 (Consolidated Action), and that court’s order dated 
15 

•HR 885 RH 

1 April 28, 2003, and any amendments or revisions 

2 thereto. 

3 (42) RESERVATION.— 

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

5 sections 207(d) and 210(d), the term ‘‘Reserva6 tion’’ means the land located within the exterior 

7 boundaries of the reservation created under sec8 tions 3 and 4 of the Act of February 28, 1859 

9 (11 Stat. 401, chapter LXVI) and Executive Or10 ders of August 31, 1876, June 14, 1879, May 5, 

11 1882, November 15, 1883, July 31, 1911, June 

12 2, 1913, August 27, 1914, and July 19, 1915. 

13 (B) EXCLUSION.—The term ‘‘Reservation’’ 

14 does not include the land located in sections 16 

15 and 36, Township 4 South, Range 4 East, Salt 

16 and Gila River Base and Meridian. 

17 (43) ROOSEVELT HABITAT CONSERVATION

18 PLAN.—The term ‘‘Roosevelt Habitat Conservation 

19 Plan’’ means the habitat conservation plan approved 

20 by the United States Fish and Wildlife Service under 

21 section 10(a)(1)(B) of the Endangered Species Act of 

22 1973 (16 U.S.C. 1539(a)(1)(B)) for the incidental 

23 taking of endangered, threatened, and candidate spe24 cies resulting from the continued operation by the 
16 

•HR 885 RH 

1 Salt River Project of Roosevelt Dam and Lake, near 

2 Phoenix, Arizona. 

3 (44) ROOSEVELT WATER CONSERVATION DIS4 TRICT.—The term ‘‘Roosevelt Water Conservation 

5 District’’ means the entity of that name that is a po6 litical subdivision of the State and an irrigation dis7 trict organized under the law of the State. 

8 (45) SAFFORD.—The term ‘‘Safford’’ means the 

9 city of Safford, Arizona. 

10 (46) SALT RIVER PROJECT.—The term ‘‘Salt 

11 River Project’’ means the Salt River Project Agricul12 tural Improvement and Power District, a political 

13 subdivision of the State, and the Salt River Valley 

14 Water Users’ Association, an Arizona Territorial cor15 poration. 

16 (47) SAN CARLOS APACHE TRIBE.—The term 

17 ‘‘San Carlos Apache Tribe’’ means the San Carlos 

18 Apache Tribe, a tribe of Apache Indians organized 

19 under Section 16 of the Indian Reorganization Act of 

20 June 18, 1934, 48 Stat. 987 (25 U.S.C. 476). 

21 (48) SAN CARLOS IRRIGATION AND DRAINAGE

22 DISTRICT.—The term ‘‘San Carlos Irrigation and 

23 Drainage District’’ means the entity of that name 

24 that is a political subdivision of the State and an ir-
17 

•HR 885 RH 

1 rigation and drainage district organized under the 

2 laws of the State. 

3 (49) SAN CARLOS IRRIGATION PROJECT.— 

4 (A) IN GENERAL.—The term ‘‘San Carlos 

5 Irrigation Project’’ means the San Carlos irriga6 tion project authorized under the Act of June 7, 

7 1924 (43 Stat. 475). 

8 (B) INCLUSIONS.—The term ‘‘San Carlos 

9 Irrigation Project’’ includes any amendments 

10 and supplements to the Act described in subpara11 graph (A). 

12 (50) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (51) SPECIAL HOT LANDS.—The term ‘‘special 

15 hot lands’’ has the meaning given the term in sub16 paragraph 2.34 of the UVD agreement. 

17 (52) STATE.—The term ‘‘State’’ means the State 

18 of Arizona. 

19 (53) SUBCONTRACT.— 

20 (A) IN GENERAL.—The term ‘‘subcontract’’ 

21 means a Central Arizona Project water delivery 

22 subcontract. 

23 (B) INCLUSION.—The term ‘‘subcontract’’ 

24 includes an amendment to a subcontract. 
18 

•HR 885 RH 

1 (54) SUBSIDENCE DAMAGE.—The term ‘‘subsid2 ence damage’’ means injury to land, water, or other 

3 real property resulting from the settling of geologic 

4 strata or cracking in the surface of the Earth of any 

5 length or depth, which settling or cracking is caused 

6 by the pumping of underground water. 

7 (55) TBI ELIGIBLE ACRES.—The term ‘‘TBI eli8 gible acres’’ has the meaning given the term in sub9 paragraph 2.37 of the UVD agreement. 

10 (56) UNCONTRACTED MUNICIPAL AND INDUS11 TRIAL WATER.—The term ‘‘uncontracted municipal 

12 and industrial water’’ means Central Arizona Project 

13 municipal and industrial priority water that is not 

14 subject to subcontract on the date of enactment of this 

15 Act. 

16 (57) UV DECREED ACRES.— 

17 (A) IN GENERAL.—The term ‘‘UV decreed 

18 acres’’ means the land located upstream and to 

19 the east of the Coolidge Dam for which water 

20 may be diverted pursuant to the Globe Equity 

21 Decree. 

22 (B) EXCLUSION.—The term ‘‘UV decreed 

23 acres’’ does not include the reservation of the 

24 San Carlos Apache Tribe. 
19 

•HR 885 RH 

1 (58) UV DECREED WATER RIGHTS.—The term 

2 ‘‘UV decreed water rights’’ means the right to divert 

3 water for use on UV decreed acres in accordance with 

4 the Globe Equity Decree. 

5 (59) UV IMPACT ZONE.—The term ‘‘UV impact 

6 zone’’ has the meaning given the term in subpara7 graph 2.47 of the UVD agreement. 

8 (60) UV SUBJUGATED LAND.—The term ‘‘UV 

9 subjugated land’’ has the meaning given the term in 

10 subparagraph 2.50 of the UVD agreement. 

11 (61) UVD AGREEMENT.—The term ‘‘UVD agree12 ment’’ means the agreement among the Community, 

13 the United States, the San Carlos Irrigation and 

14 Drainage District, the Franklin Irrigation District, 

15 the Gila Valley Irrigation District, Phelps Dodge, and 

16 other parties located in the upper valley of the Gila 

17 River, dated September 2, 2004. 

18 (62) UV SIGNATORIES PARTIES.—The term ‘‘UV 

19 signatories’’ means the parties to the UVD agreement 

20 other than the United States, the San Carlos Irriga21 tion and Drainage District, and the Community. 

22 (63) WATER OM&R FUND.—The term ‘‘Water 

23 OM&R Fund’’ means the Gila River Indian Commu24 nity Water OM&R Trust Fund established by section 

25 208. 
20 

•HR 885 RH 

1 (64) WATER RIGHT.—The term ‘‘water right’’ 

2 means any right in or to groundwater, surface water, 

3 or effluent under Federal, State, or other law. 

4 (65) WATER RIGHTS APPURTENANT TO NEW

5 MEXICO 381 ACRES.—The term ‘‘water rights appur6 tenant to New Mexico 381 acres’’ means the water 

7 rights— 

8 (A) appurtenant to the 380.81 acres de9 scribed in the decree in Arizona v. California, 

10 376 U.S. 340, 349 (1964); and 

11 (B) appurtenant to other land, or for other 

12 uses, for which the water rights described in sub13 paragraph (A) may be modified or used in ac14 cordance with that decree. 

15 (66) WATER RIGHTS FOR NEW MEXICO DOMESTIC

16 PURPOSES.—The term ‘‘water rights for New Mexico 

17 domestic purposes’’ means the water rights for domes18 tic purposes of not more than 265 acre-feet of water 

19 for consumptive use described in paragraph IV(D)(2) 

20 of the decree in Arizona v. California, 376 U.S. 340, 

21 350 (1964). 

22 (67) 1994 BIOLOGICAL OPINION.—The term 

23 ‘‘1994 biological opinion’’ means the biological opin24 ion, numbered 2–21–90–F–119, and dated April 15, 

25 1994, relating to the transportation and delivery of 
21 

•HR 885 RH 

1 Central Arizona Project water to the Gila River 

2 basin. 

3 (68) 1996 BIOLOGICAL OPINION.—The term 

4 ‘‘1996 biological opinion’’ means the biological opin5 ion, numbered 2–21–95–F–462 and dated July 23, 

6 1996, relating to the impacts of modifying Roosevelt 

7 Dam on the southwestern willow flycatcher. 

8 (69) 1999 BIOLOGICAL OPINION.—The term 

9 ‘‘1999 biological opinion’’ means the draft biological 

10 opinion numbered 2–21–91–F–706, and dated May 

11 1999, relating to the impacts of the Central Arizona 

12 Project on Gila Topminnow in the Santa Cruz River 

13 basin through the introduction and spread of non14 native aquatic species. 

15 SEC. 3. ARBITRATION. 

16 (a) NO PARTICIPATION BY THE UNITED STATES.— 

17 (1) IN GENERAL.—No arbitration decision ren18 dered pursuant to subparagraph 12.1 of the UVD 

19 agreement or exhibit 20.1 of the Gila River agreement 

20 (including the joint control board agreement attached 

21 to exhibit 20.1) shall be considered invalid solely be22 cause the United States failed or refused to partici23 pate in such arbitration proceedings that resulted in 

24 such arbitration decision, so long as the matters in 

25 arbitration under subparagraph 12.1 of the UVD 
22 

•HR 885 RH 

1 agreement or exhibit 20.1 of the Gila River Agreement 

2 concern aspects of the water rights of the Community, 

3 the San Carlos Irrigation Project, or the Miscella4 neous Flow Lands (as defined in subparagraph 2.18A 

5 of the UVD agreement) and not the water rights of the 

6 United States in its own right, any other rights of the 

7 United States, or the water rights or any other rights 

8 of the United States acting on behalf of or for the ben9 efit of another tribe. 

10 (2) ARBITRATION INEFFECTIVE.—If an issue oth11 erwise subject to arbitration under subparagraph 12.1 

12 of the UVD agreement or exhibit 20.1 of the Gila 

13 River Agreement cannot be arbitrated or if an arbi14 tration decision will not be effective because the 

15 United States cannot or will not participate in the 

16 arbitration, then the issue shall be submitted for deci17 sion to a court of competent jurisdiction, but not a 

18 court of the Community. 

19 (b) PARTICIPATION BY THE SECRETARY.—Notwith20 standing any provision of any agreement, exhibit, attach21 ment, or other document ratified by this Act, if the Sec22 retary is required to enter arbitration pursuant to this Act 

23 or any such document, the Secretary shall follow the proce24 dures for arbitration established by chapter 5 of title 5, 

25 United States Code. 
23 

•HR 885 RH 

1 SEC. 4. ANTIDEFICIENCY. 

2 The United States shall not be liable for failure to 

3 carry out any obligation or activity required by this Act, 

4 including all titles and all agreements or exhibits ratified 

5 or confirmed by this Act, funded by— 

6 (1) the Lower Basin Development Fund estab7 lished by section 403 of the Colorado River Basin 

8 Project Act (43 U.S.C. 1543), if there are not enough 

9 monies in that fund to fulfill those obligations or 

10 carry out those activities; or 

11 (2) appropriations, if appropriations are not 

12 provided by Congress. 

13 TITLE I—CENTRAL ARIZONA 

14 PROJECT SETTLEMENT 

15 SEC. 101. SHORT TITLE. 

16 This title may be cited as the ‘‘Central Arizona Project 

17 Settlement Act of 2004’’. 

18 SEC. 102. FINDINGS. 

19 Congress finds that— 

20 (1) the water provided by the Central Arizona 

21 Project to Maricopa, Pinal, and Pima Counties in the 

22 State of Arizona, is vital to citizens of the State; and 

23 (2) an agreement on the allocation of Central 

24 Arizona Project water among interested persons, in25 cluding Federal and State interests, would provide 

26 important benefits to the Federal Government, the 
24 

•HR 885 RH 

1 State of Arizona, Arizona Indian Tribes, and the citi2 zens of the State. 

3 SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL 

4 ARIZONA PROJECT. 

5 In accordance with the CAP repayment contract, the 

6 Central Arizona Project may be used to transport non7 project water for— 

8 (1) domestic, municipal, fish and wildlife, and 

9 industrial purposes; and 

10 (2) any purpose authorized under the Colorado 

11 River Basin Project Act (43 U.S.C. 1501 et seq.). 

12 SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT 

13 WATER. 

14 (a) NON-INDIAN AGRICULTURAL PRIORITY WATER.— 

15 (1) REALLOCATION TO ARIZONA INDIAN

16 TRIBES.— 

17 (A) IN GENERAL.—The Secretary shall re18 allocate 197,500 acre-feet of agricultural priority 

19 water made available pursuant to the master 

20 agreement for use by Arizona Indian tribes, of 

21 which— 

22 (i) 102,000 acre-feet shall be reallo23 cated to the Gila River Indian Community; 

24 (ii) 28,200 acre-feet shall be reallocated 

25 to the Tohono O’odham Nation; and 
25 

•HR 885 RH 

1 (iii) subject to the conditions specified 

2 in subparagraph (B), 67,300 acre-feet shall 

3 be reallocated to Arizona Indian tribes. 

4 (B) CONDITIONS.—The reallocation of agri5 cultural priority water under subparagraph 

6 (A)(iii) shall be subject to the conditions that— 

7 (i) such water shall be used to resolve 

8 Indian water claims in Arizona, and may 

9 be allocated by the Secretary to Arizona In10 dian Tribes in fulfillment of future Arizona 

11 Indian water rights settlement agreements 

12 approved by an Act of Congress. In the ab13 sence of an Arizona Indian water rights set14 tlement that is approved by an Act of Con15 gress after the date of enactment of this Act, 

16 the Secretary shall not allocate any such 

17 water until December 31, 2030. Any alloca18 tions made by the Secretary after such date 

19 shall be accompanied by a certification that 

20 the Secretary is making the allocation in 

21 order to assist in the resolution of an Ari22 zona Indian water right claim. Any such 

23 water allocated to an Arizona Indian Tribe 

24 pursuant to a water delivery contract with 

25 the Secretary under this clause shall be 
26 

•HR 885 RH 

1 counted on an acre-foot per acre-foot basis 

2 against any claim to water for that Tribe’s 

3 reservation; 

4 (ii) notwithstanding clause (i), the 

5 Secretary shall retain 6,411 acre-feet of 

6 water for use for a future water rights set7 tlement agreement approved by an Act of 

8 Congress that settles the Navajo Nation’s 

9 claims to water in Arizona. If Congress does 

10 not approve this settlement before December 

11 31, 2030, the 6,411 acre-feet of CAP water 

12 shall be available to the Secretary under 

13 clause (i); and 

14 (iii) the agricultural priority water 

15 shall not, without specific authorization by 

16 Act of Congress, be leased, exchanged, 

17 forborne, or otherwise transferred by an Ar18 izona Indian tribe for any direct or indirect 

19 use outside the reservation of the Arizona 

20 Indian tribe. 

21 (C) REPORT.—The Secretary, in consulta22 tion with Arizona Indian tribes and the State, 

23 shall prepare a report for Congress by December 

24 31, 2016, that assesses whether the potential ben25 efits of subparagraph (A) are being conveyed to 
27 

•HR 885 RH 

1 Arizona Indian tribes pursuant to water rights 

2 settlements enacted subsequent to this Act. For 

3 those Arizona Indian tribes that have not yet set4 tled water rights claims, the Secretary shall de5 scribe whether any active negotiations are taking 

6 place, and identify any critical water needs that 

7 exist on the reservation of each such Arizona In8 dian tribe. The Secretary shall also identify and 

9 report on the use of unused quantities of agricul10 tural priority water made available to Arizona 

11 Indian tribes under subparagraph (A). 

12 (2) REALLOCATION TO THE ARIZONA DEPART13 MENT OF WATER RESOURCES.— 

14 (A) IN GENERAL.—Subject to subparagraph 

15 (B) and subparagraph 9.3 of the master agree16 ment, the Secretary shall reallocate up to 96,295 

17 acre-feet of agricultural priority water made 

18 available pursuant to the master agreement to 

19 the Arizona Department of Water Resources, to 

20 be held under contract in trust for further alloca21 tion under subparagraph (C). 

22 (B) REQUIRED DOCUMENTATION.—The re23 allocation of agricultural priority water under 

24 subparagraph (A) is subject to the condition that 
28 

•HR 885 RH 

1 the Secretary execute any appropriate documents 

2 to memorialize the reallocation, including— 

3 (i) an allocation decision; and 

4 (ii) a contract that prohibits the direct 

5 use of the agricultural priority water by the 

6 Arizona Department of Water Resources. 

7 (C) FURTHER ALLOCATION.—With respect 

8 to the allocation of agricultural priority water 

9 under subparagraph (A)— 

10 (i) before that water may be further al11 located— 

12 (I) the Director shall submit to 

13 the Secretary, and the Secretary shall 

14 receive, a recommendation for realloca15 tion; 

16 (II) as soon as practicable after 

17 receiving the recommendation, the Sec18 retary shall carry out all necessary re19 views of the proposed reallocation, in 

20 accordance with applicable Federal 

21 law; and 

22 (III) if the recommendation is re23 jected by the Secretary, the Secretary 

24 shall— 
29 

•HR 885 RH 

1 (aa) request a revised rec2 ommendation from the Director; 

3 and 

4 (bb) proceed with any re5 views required under subclause 

6 (II); and 

7 (ii) as soon as practicable after the 

8 date on which agricultural priority water is 

9 further allocated, the Secretary shall offer to 

10 enter into a subcontract for that water in 

11 accordance with paragraphs (1) and (2) of 

12 subsection (d). 

13 (D) MASTER AGREEMENT.—The realloca14 tion of agricultural priority water under sub15 paragraphs (A) and (C) is subject to the master 

16 agreement, including certain rights provided by 

17 the master agreement to water users in Pinal 

18 County, Arizona. 

19 (3) PRIORITY.—The agricultural priority water 

20 reallocated under paragraphs (1) and (2) shall be 

21 subject to the condition that the water retain its non22 Indian agricultural delivery priority. 

23 (b) UNCONTRACTED CENTRAL ARIZONA PROJECT MU24 NICIPAL AND INDUSTRIAL PRIORITY WATER.— 
30 

•HR 885 RH 

1 (1) REALLOCATION.—The Secretary shall, on the 

2 recommendation of the Director, reallocate 65,647 

3 acre-feet of uncontracted municipal and industrial 

4 water, of which— 

5 (A) 285 acre-feet shall be reallocated to the 

6 town of Superior, Arizona; 

7 (B) 806 acre-feet shall be reallocated to the 

8 Cave Creek Water Company; 

9 (C) 1,931 acre-feet shall be reallocated to the 

10 Chaparral Water Company; 

11 (D) 508 acre-feet shall be reallocated to the 

12 town of El Mirage, Arizona; 

13 (E) 7,211 acre-feet shall be reallocated to the 

14 city of Goodyear, Arizona; 

15 (F) 147 acre-feet shall be reallocated to the 

16 H2O Water Company; 

17 (G) 7,115 acre-feet shall be reallocated to the 

18 city of Mesa, Arizona; 

19 (H) 5,527 acre-feet shall be reallocated to 

20 the city of Peoria, Arizona; 

21 (I) 2,981 acre-feet shall be reallocated to the 

22 city of Scottsdale, Arizona; 

23 (J) 808 acre-feet shall be reallocated to the 

24 AVRA Cooperative; 
31 

•HR 885 RH 

1 (K) 4,986 acre-feet shall be reallocated to 

2 the city of Chandler, Arizona; 

3 (L) 1,071 acre-feet shall be reallocated to the 

4 Del Lago (Vail) Water Company; 

5 (M) 3,053 acre-feet shall be reallocated to 

6 the city of Glendale, Arizona; 

7 (N) 1,521 acre-feet shall be reallocated to the 

8 Community Water Company of Green Valley, 

9 Arizona; 

10 (O) 4,602 acre-feet shall be reallocated to the 

11 Metropolitan Domestic Water Improvement Dis12 trict; 

13 (P) 3,557 acre-feet shall be reallocated to the 

14 town of Oro Valley, Arizona; 

15 (Q) 8,206 acre-feet shall be reallocated to the 

16 city of Phoenix, Arizona; 

17 (R) 2,876 acre-feet shall be reallocated to the 

18 city of Surprise, Arizona; 

19 (S) 8,206 acre-feet shall be reallocated to the 

20 city of Tucson, Arizona; and 

21 (T) 250 acre-feet shall be reallocated to the 

22 Valley Utilities Water Company. 

23 (2) SUBCONTRACTS.— 

24 (A) IN GENERAL.—As soon as practicable 

25 after the date of enactment of this Act, and in 
32 

•HR 885 RH 

1 accordance with paragraphs (1) and (2) of sub2 section (d) and any other applicable Federal 

3 laws, the Secretary shall offer to enter into sub4 contracts for the delivery of the uncontracted mu5 nicipal and industrial water reallocated under 

6 paragraph (1). 

7 (B) REVISED RECOMMENDATION.—If the 

8 Secretary is precluded under applicable Federal 

9 law from entering into a subcontract with an en10 tity identified in paragraph (1), the Secretary 

11 shall— 

12 (i) request a revised recommendation 

13 from the Director; and 

14 (ii) on receipt of a recommendation 

15 under clause (i), reallocate and enter into a 

16 subcontract for the delivery of the water in 

17 accordance with subparagraph (A). 

18 (c) LIMITATIONS.— 

19 (1) AMOUNT.— 

20 (A) IN GENERAL.—The total amount of en21 titlements under long-term contracts (as defined 

22 in the repayment stipulation) for the delivery of 

23 Central Arizona Project water in the State shall 

24 not exceed 1,415,000 acre-feet, of which— 

25 (i) 650,724 acre-feet shall be— 
33 

•HR 885 RH 

1 (I) under contract to Arizona In2 dian tribes; or 

3 (II) available to the Secretary for 

4 allocation to Arizona Indian tribes; 

5 and 

6 (ii) 764,276 acre-feet shall be under 

7 contract or available for allocation to— 

8 (I) non-Indian municipal and in9 dustrial entities; 

10 (II) the Arizona Department of 

11 Water Resources; and 

12 (III) non-Indian agricultural en13 tities. 

14 (B) EXCEPTION.—Subparagraph (A) shall 

15 not apply to Central Arizona Project water de16 livered to water users in Arizona in exchange for 

17 Gila River water used in New Mexico as pro18 vided in section 304 of the Colorado River Basin 

19 Project Act (43 U.S.C. 1524) (as amended by 

20 section 212). 

21 (2) TRANSFER.— 

22 (A) IN GENERAL.—Except pursuant to the 

23 master agreement, Central Arizona Project water 

24 may not be transferred from— 
34 

•HR 885 RH 

1 (i) a use authorized under paragraph 

2 (1)(A)(i) to a use authorized under para3 graph (1)(A)(ii); or 

4 (ii) a use authorized under paragraph 

5 (1)(A)(ii) to a use authorized under para6 graph (1)(A)(i). 

7 (B) EXCEPTIONS.— 

8 (i) LEASES.—A lease of Central Ari9 zona Project water by an Arizona Indian 

10 tribe to an entity described in paragraph 

11 (1)(A)(ii) under an Indian water rights set12 tlement approved by an Act of Congress 

13 shall not be considered to be a transfer for 

14 purposes of subparagraph (A). 

15 (ii) EXCHANGES.—An exchange of 

16 Central Arizona Project water by an Ari17 zona Indian tribe to an entity described in 

18 paragraph (1)(A)(ii) shall not be considered 

19 to be a transfer for purposes of subpara20 graph (A). 

21 (iii) Notwithstanding subparagraph 

22 (A), up to 17,000 acre-feet of CAP munic23 ipal and industrial water under the sub24 contract among the United States, the Cen25 tral Arizona Water Conservation District, 
35 

•HR 885 RH 

1 and Asarco, subcontract No. 3–07–30– 

2 W0307, dated November 7, 1993, may be re3 allocated to the Community on execution of 

4 an exchange and lease agreement among the 

5 Community, the United States, and Asarco. 

6 (d) CENTRAL ARIZONA PROJECT CONTRACTS AND

7 SUBCONTRACTS.— 

8 (1) IN GENERAL.—Notwithstanding section 6 of 

9 the Reclamation Project Act of 1939 (43 U.S.C. 485e), 

10 and paragraphs (2) and (3) of section 304(b) of the 

11 Colorado River Basin Project Act (43 U.S.C. 

12 1524(b)), as soon as practicable after the date of en13 actment of this Act, the Secretary shall offer to enter 

14 into subcontracts or to amend all Central Arizona 

15 Project contracts and subcontracts in effect as of that 

16 date in accordance with paragraph (2). 

17 (2) REQUIREMENTS.—All subcontracts and 

18 amendments to Central Arizona Project contracts and 

19 subcontracts under paragraph (1)— 

20 (A) shall be for permanent service (within 

21 the meaning of section 5 of the Boulder Canyon 

22 Project Act of 1928 (43 U.S.C. 617d)); 

23 (B) shall have an initial delivery term that 

24 is the greater of— 

25 (i) 100 years; or 
36 

•HR 885 RH 

1 (ii) a term— 

2 (I) authorized by Congress; or 

3 (II) provided under the appro4 priate Central Arizona Project contract 

5 or subcontract in existence on the date 

6 of enactment of this Act; 

7 (C) shall conform to the shortage sharing 

8 criteria described in paragraph 5.3 of the 

9 Tohono O’odham settlement agreement; 

10 (D) shall include the prohibition and excep11 tion described in subsection (e); and 

12 (E) shall not require— 

13 (i) that any Central Arizona Project 

14 water received in exchange for effluent be 

15 deducted from the contractual entitlement of 

16 the CAP contractor or CAP subcontractor; 

17 or 

18 (ii) that any additional modification 

19 of the Central Arizona Project contracts or 

20 subcontracts be made as a condition of ac21 ceptance of the subcontract or amendments. 

22 (3) APPLICABILITY.—This subsection does not 

23 apply to— 

24 (A) a subcontract for non-Indian agricul25 tural use; or 
37 

•HR 885 RH 

1 (B) a contract executed under paragraph 

2 5(d) of the repayment stipulation. 

3 (e) PROHIBITION ON TRANSFER.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), no Central Arizona Project water shall be 

6 leased, exchanged, forborne, or otherwise transferred 

7 in any way for use directly or indirectly outside the 

8 State. 

9 (2) EXCEPTIONS.—Central Arizona Project 

10 water may be— 

11 (A) leased, exchanged, forborne, or otherwise 

12 transferred under an agreement with the Arizona 

13 Water Banking Authority that is in accordance 

14 with part 414 of title 43, Code of Federal Regu15 lations; and 

16 (B) delivered to users in Arizona in ex17 change for Gila River water used in New Mexico 

18 as provided in section 304 of the Colorado River 

19 Basin Project Act (43 U.S.C. 1524) (as amended 

20 by section 212). 

21 (3) EFFECT OF SUBSECTION.—Nothing in this 

22 subsection prohibits any entity from entering into a 

23 contract with the Arizona Water Banking Authority 

24 or a successor of the Authority under State law. 
38 

•HR 885 RH 

1 SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN 

2 WATER. 

3 (a) FIRMING PROGRAM.—The Secretary and the State 

4 shall develop a firming program to ensure that 60,648 acre5 feet of the agricultural priority water made available pur6 suant to the master agreement and reallocated to Arizona 

7 Indian tribes under section 104(a)(1), shall, for a 100-year 

8 period, be delivered during water shortages in the same 

9 manner as water with a municipal and industrial delivery 

10 priority in the Central Arizona Project system is delivered 

11 during water shortages. 

12 (b) DUTIES.— 

13 (1) SECRETARY.—The Secretary shall— 

14 (A) firm 28,200 acre-feet of agricultural 

15 priority water reallocated to the Tohono 

16 O’odham Nation under section 104(a)(1)(A)(ii); 

17 and 

18 (B) firm 8,724 acre-feet of agricultural pri19 ority water reallocated to Arizona Indian tribes 

20 under section 104(a)(1)(A)(iii). 

21 (2) STATE.—The State shall— 

22 (A) firm 15,000 acre-feet of agricultural 

23 priority water reallocated to the Community 

24 under section 104(a)(1)(A)(i); 
39 

•HR 885 RH 

1 (B) firm 8,724 acre-feet of agricultural pri2 ority water reallocated to Arizona Indian tribes 

3 under section 104(a)(1)(A)(iii); and 

4 (C) assist the Secretary in carrying out ob5 ligations of the Secretary under paragraph 

6 (1)(A) in accordance with section 306 of the 

7 Southern Arizona Water Rights Settlement 

8 Amendments Act (as added by section 301). 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated to the Secretary such sums 

11 as are necessary to carry out the duties of the Secretary 

12 under subsection (b)(1). 

13 SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY 

14 WATER. 

15 (a) APPROVAL OF AGREEMENT.— 

16 (1) IN GENERAL.—Except to the extent that any 

17 provision of the master agreement conflicts with any 

18 provision of this title, the master agreement is author19 ized, ratified, and confirmed. To the extent that 

20 amendments are executed to make the master agree21 ment consistent with this title, such amendments are 

22 also authorized, ratified, and confirmed. 

23 (2) EXHIBITS.—The Secretary is directed to and 

24 shall execute the master agreement and any of the ex-
40 

•HR 885 RH 

1 hibits to the master agreement that have not been exe2 cuted as of the date of enactment of this Act. 

3 (3) DEBT COLLECTION.—For any agricultural 

4 priority water that is not relinquished under the mas5 ter agreement, the subcontractor shall continue to 

6 pay, consistent with the master agreement, the por7 tion of the debt associated with any retained water 

8 under section 9(d) of the Reclamation Project Act of 

9 1939 (43 U.S.C. 485h(d)), and the Secretary shall 

10 apply such revenues toward the reimbursable section 

11 9(d) debt of that subcontractor. 

12 (4) EFFECTIVE DATE.—The provisions of sub13 sections (b) and (c) shall take effect on the date of en14 actment of this Act. 

15 (b) NONREIMBURSABLE DEBT.— 

16 (1) IN GENERAL.—In accordance with the master 

17 agreement, the portion of debt incurred under section 

18 9(d) of the Reclamation Project Act of 1939 (43 

19 U.S.C. 485h(d)), and identified in the master agree20 ment as nonreimbursable to the United States, shall 

21 be nonreimbursable and nonreturnable to the United 

22 States in an amount not to exceed $73,561,337. 

23 (2) EXTENSION.—In accordance with the master 

24 agreement, the Secretary may extend, on an annual 

25 basis, the repayment schedule of debt incurred under 
41 

•HR 885 RH 

1 section 9(d) of the Reclamation Project Act of 1939 

2 (43 U.S.C. 485h(d)) by CAP subcontractors. 

3 (c) EXEMPTION.—The Reclamation Reform Act of 

4 1982 (43 U.S.C. 390aa et seq.) and any other acreage limi5 tation or full cost pricing provisions of Federal law shall 

6 not apply to— 

7 (1) land within the exterior boundaries of the 

8 Central Arizona Water Conservation District or 

9 served by Central Arizona Project water; 

10 (2) land within the exterior boundaries of the 

11 Salt River Reservoir District; 

12 (3) land held in trust by the United States for 

13 an Arizona Indian tribe that is— 

14 (A) within the exterior boundaries of the 

15 Central Arizona Water Conservation District; or 

16 (B) served by Central Arizona Project 

17 water; or 

18 (4) any person, entity, or land, solely on the 

19 basis of— 

20 (A) receipt of any benefits under this Act; 

21 (B) execution or performance of the Gila 

22 River agreement; or 

23 (C) the use, storage, delivery, lease, or ex24 change of Central Arizona Project water. 
42 

•HR 885 RH 

1 SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT 

2 FUND. 

3 (a) IN GENERAL.—Section 403 of the Colorado River 

4 Basin Project Act (43 U.S.C. 1543) is amended by striking 

5 subsection (f) and inserting the following: 

6 ‘‘(f) ADDITIONAL USES OF REVENUE FUNDS.— 

7 ‘‘(1) CREDITING AGAINST CENTRAL ARIZONA

8 WATER CONSERVATION DISTRICT PAYMENTS.—Funds 

9 credited to the development fund pursuant to sub10 section (b) and paragraphs (1) and (3) of subsection 

11 (c), the portion of revenues derived from the sale of 

12 power and energy for use in the State of Arizona pur13 suant to subsection (c)(2) in excess of the amount nec14 essary to meet the requirements of paragraphs (1) 

15 and (2) of subsection (d), and any annual payment 

16 by the Central Arizona Water Conservation District 

17 to effect repayment of reimbursable Central Arizona 

18 Project construction costs, shall be credited annually 

19 against the annual payment owed by the Central Ari20 zona Water Conservation District to the United 

21 States for the Central Arizona Project. 

22 ‘‘(2) FURTHER USE OF REVENUE FUNDS CRED23 ITED AGAINST PAYMENTS OF CENTRAL ARIZONA

24 WATER CONSERVATION DISTRICT.—After being cred25 ited in accordance with paragraph (1), the funds and 

26 portion of revenues described in that paragraph shall 
43 

•HR 885 RH 

1 be available annually, without further appropriation, 

2 in order of priority— 

3 ‘‘(A) to pay annually the fixed operation, 

4 maintenance, and replacement charges associated 

5 with the delivery of Central Arizona Project 

6 water held under long-term contracts for use by 

7 Arizona Indian tribes (as defined in section 2 of 

8 the Arizona Water Settlements Act) in accord9 ance with clause 8(d)(i)(1)(i) of the Repayment 

10 Stipulation (as defined in section 2 of the Ari11 zona Water Settlements Act); 

12 ‘‘(B) to make deposits, totaling $53,000,000 

13 in the aggregate, in the Gila River Indian Com14 munity Water OM&R Trust Fund established by 

15 section 208 of the Arizona Water Settlements 

16 Act; 

17 ‘‘(C) to pay $147,000,000 for the rehabilita18 tion of the San Carlos Irrigation Project, of 

19 which not more than $25,000,000 shall be avail20 able annually consistent with attachment 6.5.1 of 

21 exhibit 20.1 of the Gila River agreement, except 

22 that the total amount of $147,000,000 shall be 

23 increased or decreased, as appropriate, based on 

24 ordinary fluctuations since January 1, 2000, in 
44 

•HR 885 RH 

1 construction cost indices applicable to the types 

2 of construction involved in the rehabilitation; 

3 ‘‘(D) in addition to amounts made avail4 able for the purpose through annual appropria5 tions, as reasonably allocated by the Secretary 

6 without regard to any trust obligation on the 

7 part of the Secretary to allocate the funding 

8 under any particular priority and without re9 gard to priority (except that payments required 

10 by clause (i) shall be made first)— 

11 ‘‘(i) to make deposits totaling 

12 $66,000,000, adjusted to reflect changes 

13 since January 1, 2004, in the construction 

14 cost indices applicable to the types of con15 struction involved in construction of the 

16 New Mexico Unit, into the New Mexico 

17 Unit Fund as provided by section 212(i) of 

18 the Arizona Water Settlements Act in 10 

19 equal annual payments beginning in 2012; 

20 ‘‘(ii) upon satisfaction of the condi21 tions set forth in subsections (j) and (k) of 

22 section 212, to pay certain of the costs asso23 ciated with construction of the New Mexico 

24 Unit, in addition to any amounts that may 

25 be expended from the New Mexico Unit 
45 

•HR 885 RH 

1 Fund, in a minimum amount of 

2 $34,000,000 and a maximum amount of 

3 $62,000,000, as provided in section 212 of 

4 the Arizona Water Settlements Act, as ad5 justed to reflect changes since January 1, 

6 2004, in the construction cost indices appli7 cable to the types of construction involved 

8 in construction of the New Mexico Unit; 

9 ‘‘(iii) to pay the costs associated with 

10 the construction of distribution systems re11 quired to implement the provisions of— 

12 ‘‘(I) the contract entered into be13 tween the United States and the Gila 

14 River Indian Community, numbered 

15 6–07–03–W0345, and dated July 20, 

16 1998; 

17 ‘‘(II) section 3707(a)(1) of the 

18 San Carlos Apache Tribe Water Rights 

19 Settlement Act of 1992 (106 Stat. 

20 4747); and 

21 ‘‘(III) section 304 of the Southern 

22 Arizona Water Rights Settlement 

23 Amendments Act of 2004; 

24 ‘‘(iv) to pay $52,396,000 for the reha25 bilitation of the San Carlos Irrigation 
46 

•HR 885 RH 

1 Project as provided in section 203(d)(4) of 

2 the Arizona Water Settlements Act, of which 

3 not more than $9,000,000 shall be available 

4 annually, except that the total amount of 

5 $52,396,000 shall be increased or decreased, 

6 as appropriate, based on ordinary fluctua7 tions since January 1, 2000, in construc8 tion cost indices applicable to the types of 

9 construction involved in the rehabilitation; 

10 ‘‘(v) to pay other costs specifically 

11 identified under— 

12 ‘‘(I) sections 213(g)(1) and 214 of 

13 the Arizona Water Settlements Act; 

14 and 

15 ‘‘(II) the Southern Arizona Water 

16 Rights Settlement Amendments Act of 

17 2004; 

18 ‘‘(vi) to pay a total of not more than 

19 $250,000,000 to the credit of the Future In20 dian Water Settlement Subaccount of the 

21 Lower Colorado Basin Development Fund, 

22 for use for Indian water rights settlements 

23 in Arizona approved by Congress after the 

24 date of enactment of this Act, subject to the 

25 requirement that, notwithstanding any 
47 

•HR 885 RH 

1 other provision of this Act, any funds cred2 ited to the Future Indian Water Settlement 

3 Subaccount that are not used in furtherance 

4 of a congressionally approved Indian water 

5 rights settlement in Arizona by December 

6 31, 2030, shall be returned to the main 

7 Lower Colorado Basin Development Fund 

8 for expenditure on authorized uses pursuant 

9 to this Act, provided that any interest 

10 earned on funds held in the Future Indian 

11 Water Settlement Subaccount shall remain 

12 in such subaccount until disbursed or re13 turned in accordance with this section; 

14 ‘‘(vii) to pay costs associated with the 

15 installation of gages on the Gila River and 

16 its tributaries to measure the water level of 

17 the Gila River and its tributaries for pur18 poses of the New Mexico Consumptive Use 

19 and Forbearance Agreement in an amount 

20 not to exceed $500,000; and 

21 ‘‘(viii) to pay the Secretary’s costs of 

22 implementing the Central Arizona Project 

23 Settlement Act of 2004; 
48 

•HR 885 RH 

1 ‘‘(E) in addition to amounts made available 

2 for the purpose through annual appropria3 tions— 

4 ‘‘(i) to pay the costs associated with 

5 the construction of on-reservation Central 

6 Arizona Project distribution systems for the 

7 Yavapai Apache (Camp Verde), Tohono 

8 O’odham Nation (Sif Oidak District), 

9 Pascua Yaqui, and Tonto Apache tribes; 

10 and 

11 ‘‘(ii) to make payments to those tribes 

12 in accordance with paragraph 8(d)(i)(1)(iv) 

13 of the repayment stipulation (as defined in 

14 section 2 of the Arizona Water Settlements 

15 Act), except that if a water rights settlement 

16 Act of Congress authorizes such construc17 tion, payments to those tribes shall be made 

18 from funds in the Future Indian Water Set19 tlement Subaccount; and 

20 ‘‘(F) if any amounts remain in the develop21 ment fund at the end of a fiscal year, to be car22 ried over to the following fiscal year for use for 

23 the purposes described in subparagraphs (A) 

24 through (E). 
49 

•HR 885 RH 

1 ‘‘(3) REVENUE FUNDS IN EXCESS OF REVENUE

2 FUNDS CREDITED AGAINST CENTRAL ARIZONA WATER

3 CONSERVATION DISTRICT PAYMENTS.—The funds and 

4 portion of revenues described in paragraph (1) that 

5 are in excess of amounts credited under paragraph 

6 (1) shall be available, on an annual basis, without 

7 further appropriation, in order of priority— 

8 ‘‘(A) to pay annually the fixed operation, 

9 maintenance and replacement charges associated 

10 with the delivery of Central Arizona Project 

11 water under long-term contracts held by Arizona 

12 Indian tribes (as defined in section 2 of the Ari13 zona Water Settlements Act); 

14 ‘‘(B) to make the final outstanding annual 

15 payment for the costs of each unit of the projects 

16 authorized under title III that are to be repaid 

17 by the Central Arizona Water Conservation Dis18 trict; 

19 ‘‘(C) to reimburse the general fund of the 

20 Treasury for fixed operation, maintenance, and 

21 replacement charges previously paid under para22 graph (2)(A); 

23 ‘‘(D) to reimburse the general fund of the 

24 Treasury for costs previously paid under sub25 paragraphs (B) through (E) of paragraph (2); 
50 

•HR 885 RH 

1 ‘‘(E) to pay to the general fund of the 

2 Treasury the annual installment on any debt re3 lating to the Central Arizona Project under sec4 tion 9(d) of the Reclamation Project Act of 1939 

5 (43 U.S.C. 485h(d)), made nonreimbursable 

6 under section 106(b) of the Arizona Water Settle7 ments Act; 

8 ‘‘(F) to pay to the general fund of the 

9 Treasury the difference between— 

10 ‘‘(i) the costs of each unit of the 

11 projects authorized under title III that are 

12 repayable by the Central Arizona Water 

13 Conservation District; and 

14 ‘‘(ii) any costs allocated to reimburs15 able functions under any Central Arizona 

16 Project cost allocation undertaken by the 

17 United States; and 

18 ‘‘(G) for deposit in the general fund of the 

19 Treasury. 

20 ‘‘(4) INVESTMENT OF AMOUNTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary of the 

22 Treasury shall invest such portion of the develop23 ment fund as is not, in the judgment of the Sec24 retary of the Interior, required to meet current 

25 needs of the development fund. 
51 

•HR 885 RH 

1 ‘‘(B) PERMITTED INVESTMENTS.— 

2 ‘‘(i) IN GENERAL.—Notwithstanding 

3 any other provision of law, including any 

4 provision requiring the consent or concur5 rence of any party, the investments referred 

6 to in subparagraph (A) shall include 1 or 

7 more of the following: 

8 ‘‘(I) Any investments referred to 

9 in the Act of June 24, 1938 (25 U.S.C. 

10 162a). 

11 ‘‘(II) Investments in obligations of 

12 government corporations and govern13 ment-sponsored entities whose charter 

14 statutes provide that their obligations 

15 are lawful investments for federally 

16 managed funds. 

17 ‘‘(III) The obligations referred to 

18 in section 201 of the Social Security 

19 Act (42 U.S.C. 401). 

20 ‘‘(ii) LAWFUL INVESTMENTS.—For 

21 purposes of clause (i), obligations of govern22 ment corporations and government-spon23 sored entities whose charter statutes provide 

24 that their obligations are lawful investments 

25 for federally managed funds includes any of 
52 

•HR 885 RH 

1 the following securities or securities with 

2 comparable language concerning the invest3 ment of federally managed funds: 

4 ‘‘(I) Obligations of the United 

5 States Postal Service as authorized by 

6 section 2005 of title 39, United States 

7 Code. 

8 ‘‘(II) Bonds and other obligations 

9 of the Tennessee Valley Authority as 

10 authorized by section 15d of the Ten11 nessee Valley Authority Act of 1933 (16 

12 U.S.C. 831n–4). 

13 ‘‘(III) Mortgages, obligations, or 

14 other securities of the Federal Home 

15 Loan Mortgage Corporation as author16 ized by section 303 of the Federal 

17 Home Loan Mortgage Corporation Act 

18 (12 U.S.C. 1452). 

19 ‘‘(IV) Bonds, notes, or debentures 

20 of the Commodity Credit Corporation 

21 as authorized by section 4 of the Act of 

22 March 4, 1939 (15 U.S.C. 713a–4). 

23 ‘‘(C) ACQUISITION OF OBLIGATIONS.—For 

24 the purpose of investments under subparagraph 

25 (A), obligations may be acquired— 
53 

•HR 885 RH 

1 ‘‘(i) on original issue at the issue 

2 price; or 

3 ‘‘(ii) by purchase of outstanding obli4 gations at the market price. 

5 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga6 tion acquired by the development fund may be 

7 sold by the Secretary of the Treasury at the mar8 ket price. 

9 ‘‘(E) CREDITS TO FUND.—The interest on, 

10 and the proceeds from the sale or redemption of, 

11 any obligations held in the development fund 

12 shall be credited to and form a part of the devel13 opment fund. 

14 ‘‘(5) AMOUNTS NOT AVAILABLE FOR CERTAIN

15 FEDERAL OBLIGATIONS.—None of the provisions of 

16 this section, including paragraphs (2)(A) and (3)(A), 

17 shall be construed to make any of the funds referred 

18 to in this section available for the fulfillment of any 

19 Federal obligation relating to the payment of OM&R 

20 charges if such obligation is undertaken pursuant to 

21 Public Law 95–328, Public Law 98–530, or any set22 tlement agreement with the United States (or amend23 ments thereto) approved by or pursuant to either of 

24 those Acts.’’. 
54 

•HR 885 RH 

1 (b) LIMITATION.—Amounts made available under the 

2 amendment made by subsection (a)— 

3 (1) shall be identified and retained in the Lower 

4 Colorado River Basin Development Fund established 

5 by section 403 of the Colorado River Basin Project 

6 Act (43 U.S.C. 1543); and 

7 (2) shall not be expended or withdrawn from 

8 that fund until the later of— 

9 (A) the date on which the findings described 

10 in section 207(c) are published in the Federal 

11 Register; or 

12 (B) January 1, 2010. 

13 (c) TECHNICAL AMENDMENTS.—The Colorado River 

14 Basin Project Act (43 U.S.C. 1501 et seq.) is amended— 

15 (1) in section 403(g), by striking ‘‘clause (c)(2)’’ 

16 and inserting ‘‘subsection (c)(2)’’; and 

17 (2) in section 403(e), by striking ‘‘Revenues’’ and 

18 inserting ‘‘Except as provided in subsection (f), reve19 nues’’. 

20 SEC. 108. EFFECT. 

21 Except for provisions relating to the allocation of Cen22 tral Arizona Project water and the Reclamation Reform Act 

23 of 1982 (43 U.S.C. 390aa et seq.), nothing in this title af24 fects— 
55 

•HR 885 RH 

1 (1) any treaty, law, or agreement governing the 

2 use of water from the Colorado River; or 

3 (2) any rights to use Colorado River water exist4 ing on the date of enactment of this Act. 

5 SEC. 109. REPEAL. 

6 Section 11(h) of the Salt River Pima-Maricopa Indian 

7 Community Water Rights Settlement Act of 1988 (102 Stat. 

8 2559) is repealed. 

9 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated such sums as are necessary to comply with— 

12 (1) the 1994 biological opinion, including any 

13 funding transfers required by the opinion; 

14 (2) the 1996 biological opinion, including any 

15 funding transfers required by the opinion; and 

16 (3) any final biological opinion resulting from 

17 the 1999 biological opinion, including any funding 

18 transfers required by the opinion. 

19 (b) CONSTRUCTION COSTS.—Amounts made available 

20 under subsection (a) shall be treated as Central Arizona 

21 Project construction costs. 

22 (c) AGREEMENTS.— 

23 (1) IN GENERAL.—Any amounts made available 

24 under subsection (a) may be used to carry out agree25 ments to permanently fund long-term reasonable and 
56 

•HR 885 RH 

1 prudent alternatives in accepted biological opinions 

2 relating to the Central Arizona Project. 

3 (2) REQUIREMENTS.—To ensure that long-term 

4 environmental compliance may be met without fur5 ther appropriations, an agreement under paragraph 

6 (1) shall include a provision requiring that the con7 tractor manage the funds through interest-bearing in8 vestments. 

9 SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE 

10 UNDER TITLE II. 

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

12 (b), if the Secretary does not publish a statement of findings 

13 under section 207(c) by December 31, 2007— 

14 (1) this title is repealed effective January 1, 

15 2008, and any action taken by the Secretary and any 

16 contract entered under any provision of this title shall 

17 be void; and 

18 (2) any amounts appropriated under section 110 

19 that remain unexpended shall immediately revert to 

20 the general fund of the Treasury. 

21 (b) EXCEPTION.—No subcontract amendment executed 

22 by the Secretary under the notice of June 18, 2003 (67 Fed. 

23 Reg. 36578), shall be considered to be a contract entered 

24 into by the Secretary for purposes of subsection (a)(1). 
57 

•HR 885 RH 

1 TITLE II—GILA RIVER INDIAN 

2 COMMUNITY WATER RIGHTS 

3 SETTLEMENT 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Gila River Indian Com6 munity Water Rights Settlement Act of 2004’’. 

7 SEC. 202. PURPOSES. 

8 The purposes of this title are— 

9 (1) to resolve permanently certain damage 

10 claims and all water rights claims among the United 

11 States on behalf of the Community, its members, and 

12 allottees, and the Community and its neighbors; 

13 (2) to authorize, ratify, and confirm the Gila 

14 River agreement; 

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

17 under the Gila River agreement; 

18 (4) to authorize the actions and appropriations 

19 necessary for the United States to meet obligations of 

20 the United States under the Gila River agreement 

21 and this title; and 

22 (5) to authorize and direct the Secretary to exe23 cute the New Mexico Consumptive Use and Forbear24 ance Agreement to allow the Secretary to exercise the 

25 rights authorized by subsections (d) and (f) of section 
58 

•HR 885 RH 

1 304 of the Colorado River Basin Project Act (43 

2 U.S.C. 1524). 

3 SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMU4 NITY WATER RIGHTS SETTLEMENT AGREE5 MENT. 

6 (a) IN GENERAL.—Except to the extent that any provi7 sion of the Gila River agreement conflicts with any provi8 sion of this title, the Gila River agreement is authorized, 

9 ratified, and confirmed. To the extent amendments are exe10 cuted to make the Gila River agreement consistent with this 

11 title, such amendments are also authorized, ratified, and 

12 confirmed. 

13 (b) EXECUTION OF AGREEMENT.—To the extent that 

14 the Gila River agreement does not conflict with this title, 

15 the Secretary is directed to and shall execute the Gila River 

16 agreement, including all exhibits to the Gila River agree17 ment requiring the signature of the Secretary and any 

18 amendments necessary to make the Gila River agreement 

19 consistent with this title, after the Community has executed 

20 the Gila River agreement and any such amendments. 

21 (c) NATIONAL ENVIRONMENTAL POLICY ACT.— 

22 (1) ENVIRONMENTAL COMPLIANCE.—In imple23 menting the Gila River agreement, the Secretary shall 

24 promptly comply with all aspects of the National En25 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
59 

•HR 885 RH 

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

2 1531 et seq.), and all other applicable environmental 

3 Acts and regulations. 

4 (2) EXECUTION OF THE GILA RIVER AGREE5 MENT.—Execution of the Gila River agreement by the 

6 Secretary under this section shall not constitute a 

7 major Federal action under the National Environ8 mental Policy Act (42 U.S.C. 4321 et seq.). The Sec9 retary is directed to carry out all necessary environ10 mental compliance required by Federal law in imple11 menting the Gila River agreement. 

12 (3) LEAD AGENCY.—The Bureau of Reclamation 

13 shall be designated as the lead agency with respect to 

14 environmental compliance. 

15 (d) REHABILITATION AND OPERATION, MAINTENANCE, 

16 AND REPLACEMENT OF CERTAIN WATER WORKS.— 

17 (1) IN GENERAL.—In addition to any obligations 

18 of the Secretary with respect to the San Carlos Irriga19 tion Project, including any operation or maintenance 

20 responsibility existing on the date of enactment of this 

21 Act, the Secretary shall— 

22 (A) in accordance with exhibit 20.1 to the 

23 Gila River agreement, provide for the rehabilita24 tion of the San Carlos Irrigation Project water 

25 diversion and delivery works with the funds pro-
60 

•HR 885 RH 

1 vided for under section 403(f)(2) of the Colorado 

2 River Basin Project Act; and 

3 (B) provide electric power for San Carlos 

4 Irrigation Project wells and irrigation pumps at 

5 the Secretary’s direct cost of transmission, dis6 tribution, and administration, using the least ex7 pensive source of power available. 

8 (2) JOINT CONTROL BOARD AGREEMENT.— 

9 (A) IN GENERAL.—Except to the extent that 

10 it is in conflict with this title, the Secretary 

11 shall execute the joint control board agreement 

12 described in exhibit 20.1 to the Gila River agree13 ment, including all exhibits to the joint control 

14 board agreement requiring the signature of the 

15 Secretary and any amendments necessary to the 

16 joint control board agreement consistent with 

17 this title. 

18 (B) CONTROLS.—The joint control board 

19 agreement shall contain the following provisions, 

20 among others: 

21 (i) The Secretary, acting through the 

22 Bureau of Indian Affairs, shall continue to 

23 be responsible for the operation and mainte24 nance of Picacho Dam and Coolidge Dam 

25 and Reservoir, and for scheduling and de-
61 

•HR 885 RH 

1 livering water to the Community and the 

2 District through the San Carlos Irrigation 

3 Project joint works. 

4 (ii) The actions and decisions of the 

5 joint control board that pertain to construc6 tion and maintenance of those San Carlos 

7 Irrigation Project joint works that are the 

8 subject of the joint control board agreement 

9 shall be subject to the approval of the Sec10 retary, acting through the Bureau of Indian 

11 Affairs within 30 days thereof, or sooner in 

12 emergency situations, which approval shall 

13 not be unreasonably withheld. Should a re14 quired decision of the Bureau of Indian Af15 fairs not be received by the joint control 

16 board within 60 days following an action or 

17 decision of the joint control board, the joint 

18 control board action or decision shall be 

19 deemed to have been approved by the Sec20 retary. 

21 (3) REHABILITATION COSTS ALLOCABLE TO THE

22 COMMUNITY.—The rehabilitation costs allocable to the 

23 Community under exhibit 20.1 to the Gila River 

24 agreement shall be paid from the funds available 

25 under paragraph (2)(C) of section 403(f) of the Colo-
62 

•HR 885 RH 

1 rado River Basin Project Act (43 U.S.C. 1543(f)) (as 

2 amended by section 107(a)). 

3 (4) REHABILITATION COSTS NOT ALLOCABLE TO

4 THE COMMUNITY.— 

5 (A) IN GENERAL.—The rehabilitation costs 

6 not allocable to the Community under exhibit 

7 20.1 to the Gila River agreement shall be pro8 vided from funds available under paragraph 

9 (2)(D)(iv) of section 403(f) of the Colorado River 

10 Basin Project Act (43 U.S.C. 1543(f)) (as 

11 amended by section 107(a)). 

12 (B) SUPPLEMENTARY REPAYMENT CON13 TRACT.—Prior to the advance of any funds made 

14 available to the San Carlos Irrigation and 

15 Drainage District pursuant to the provisions of 

16 this Act, the Secretary shall execute a supple17 mentary repayment contract with the San Car18 los Irrigation and Drainage District in the form 

19 provided for in exhibit 20.1 to the Gila River 

20 agreement which shall, among other things, pro21 vide that— 

22 (i) in accomplishing the work under 

23 the supplemental repayment contract— 

24 (I) the San Carlos Irrigation and 

25 Drainage District— 
63 

•HR 885 RH 

1 (aa) may use locally accepted 

2 engineering standards and the 

3 labor and contracting authorities 

4 that are available to the District 

5 under State law; and 

6 (bb) shall be subject to the 

7 value engineering program of the 

8 Bureau of Reclamation established 

9 pursuant to OMB Circular A– 

10 131; and 

11 (II) in accordance with FAR Part 

12 48.101(b), the incentive returned to the 

13 contractor through this ‘‘Incentive 

14 Clause’’ shall be 55 percent after the 

15 Contractor is reimbursed for the allow16 able costs of developing and imple17 menting the proposal and the Govern18 ment shall retain 45 percent of such 

19 savings in the form of reduced expendi20 tures; 

21 (ii) up to 18,000 acre-feet annually of 

22 conserved water will be made available by 

23 the San Carlos Irrigation and Drainage 

24 District to the United States pursuant to 
64 

•HR 885 RH 

1 the terms of exhibit 20.1 to the Gila River 

2 agreement; and 

3 (iii) a portion of the San Carlos Irri4 gation and Drainage District’s share of the 

5 rehabilitation costs specified in exhibit 20.1 

6 to the Gila River agreement shall be non7 reimbursable. 

8 (5) LEAD AGENCY.—The Bureau of Reclamation 

9 shall be designated as the lead agency for oversight of 

10 the construction and rehabilitation of the San Carlos 

11 Irrigation Project authorized by this section. 

12 (6) FINANCIAL RESPONSIBILITY.—Except as ex13 pressly provided by this section, nothing in this Act 

14 shall affect— 

15 (A) any responsibility of the Secretary 

16 under the provisions of the Act of June 7, 1924 

17 (commonly known as the ‘‘San Carlos Irrigation 

18 Project Act of 1924’’) (43 Stat. 475); or 

19 (B) any other financial responsibility of the 

20 Secretary relating to operation and maintenance 

21 of the San Carlos Irrigation Project existing on 

22 the date of enactment of this Act. 

23 SEC. 204. WATER RIGHTS. 

24 (a) RIGHTS HELD IN TRUST; ALLOTTEES.— 
65 

•HR 885 RH 

1 (1) INTENT OF CONGRESS.—It is the intent of 

2 Congress to provide allottees with benefits that are 

3 equal to or that exceed the benefits that the allottees 

4 currently possess, taking into account— 

5 (A) the potential risks, cost, and time delay 

6 associated with the litigation that will be re7 solved by the Gila River agreement; 

8 (B) the availability of funding under title I 

9 for the rehabilitation of the San Carlos Irriga10 tion Project and for other benefits; 

11 (C) the availability of water from the CAP 

12 system and other sources after the enforceability 

13 date, which will supplement less secure existing 

14 water supplies; and 

15 (D) the applicability of section 7 of the Act 

16 of February 8, 1887 (25 U.S.C. 381), and this 

17 title to protect the interests of allottees. 

18 (2) HOLDING IN TRUST.—The water rights and 

19 resources described in the Gila River agreement shall 

20 be held in trust by the United States on behalf of the 

21 Community and the allottees as described in this sec22 tion. 

23 (3) ALLOTTED LAND.—As specified in and pro24 vided for under this Act— 
66 

•HR 885 RH 

1 (A) agricultural allottees, other than 

2 allottees with rights under the Globe Equity De3 cree, shall be entitled to a just and equitable allo4 cation of water from the Community for irriga5 tion purposes from the water resources described 

6 in the Gila River agreement; 

7 (B) allotted land with rights under the 

8 Globe Equity Decree shall be entitled to receive— 

9 (i) a similar quantity of water from 

10 the Community to the quantity historically 

11 delivered under the Globe Equity Decree; 

12 and 

13 (ii) the benefit of the rehabilitation of 

14 the San Carlos Irrigation Project as pro15 vided in this Act, a more secure source of 

16 water, and other benefits under this Act; 

17 (C) the water rights and resources and other 

18 benefits provided by this Act are a complete sub19 stitution of any rights that may have been held 

20 by, or any claims that may have been asserted 

21 by, the allottees before the date of enactment of 

22 this Act for land within the exterior boundaries 

23 of the Reservation; 

24 (D) any entitlement to water of allottees for 

25 land located within the exterior boundaries of the 
67 

•HR 885 RH 

1 Reservation shall be satisfied by the Community 

2 using the water resources described in subpara3 graph 4.1 in the Gila River agreement; 

4 (E) before asserting any claim against the 

5 United States under section 1491(a) of title 28, 

6 United States Code, or under section 7 of the Act 

7 of February 8, 1887 (25 U.S.C. 381), an allottee 

8 shall first exhaust remedies available to the allot9 tee under the Community’s water code and Com10 munity law; and 

11 (F) following exhaustion of remedies on 

12 claims relating to section 7 of the Act of Feb13 ruary 8, 1887 (25 U.S.C. 381), a claimant may 

14 petition the Secretary for relief. 

15 (4) ACTIONS, CLAIMS, AND LAWSUITS.— 

16 (A) IN GENERAL.—Nothing in this Act au17 thorizes any action, claim, or lawsuit by an al18 lottee against any person, entity, corporation, or 

19 municipal corporation, under Federal, State, or 

20 other law. 

21 (B) THE COMMUNITY AND THE UNITED

22 STATES.—Except as provided in subparagraphs 

23 (E) and (F) of paragraph (3) and subsection 

24 (e)(2)(C), nothing in this Act either authorizes 

25 any action, claim, or lawsuit by an allottee 
68 

•HR 885 RH 

1 against the Community under Federal, State, or 

2 other law, or alters available actions pursuant to 

3 section 1491(a) of title 28, of the United States 

4 Code, or section 381 of title 25, of the United 

5 States Code. 

6 (b) REALLOCATION.— 

7 (1) IN GENERAL.—In accordance with this title 

8 and the Gila River agreement, the Secretary shall re9 allocate and contract with the Community for the de10 livery in accordance with this section of— 

11 (A) an annual entitlement to 18,600 acre12 feet of CAP agricultural priority water in ac13 cordance with the agreement among the Sec14 retary, the Community, and Roosevelt Water 

15 Conservation District dated August 7, 1992; 

16 (B) an annual entitlement to 18,100 acre17 feet of CAP Indian priority water, which was 

18 permanently relinquished by Harquahala Valley 

19 Irrigation District in accordance with Contract 

20 No. 3–0907–0930–09W0290 among the Central 

21 Arizona Water Conservation District, the 

22 Harquahala Valley Irrigation District, and the 

23 United States, and converted to CAP Indian pri24 ority water under the Fort McDowell Indian 
69 

•HR 885 RH 

1 Community Water Rights Settlement Act of 1990 

2 (104 Stat. 4480); 

3 (C) on execution of an exchange and lease 

4 agreement among the Community, the United 

5 States, and Asarco, an annual entitlement of up 

6 to 17,000 acre-feet of CAP municipal and indus7 trial priority water under the subcontract among 

8 the United States, the Central Arizona Water 

9 Conservation District, and Asarco, Subcontract 

10 No. 3–07–30–W0307, dated November 7, 1993; 

11 and 

12 (D) as provided in section 104(a)(1)(A)(i), 

13 an annual entitlement to 102,000 acre-feet of 

14 CAP agricultural priority water acquired pursu15 ant to the master agreement. 

16 (2) SOLE AUTHORITY.—In accordance with this 

17 section, the Community shall have the sole authority, 

18 subject to the Secretary’s approval pursuant to section 

19 205(a)(2), to lease, distribute, exchange, or allocate 

20 the CAP water described in this subsection, except 

21 that this paragraph shall not impair the right of an 

22 allottee to lease land of the allottee together with the 

23 water rights appurtenant to the land. Nothing in this 

24 paragraph shall affect the validity of any lease or ex25 change ratified in section 205(c) or 205(d). 
70 

•HR 885 RH 

1 (c) WATER SERVICE CAPITAL CHARGES.—The Com2 munity shall not be responsible for water service capital 

3 charges for CAP water. 

4 (d) ALLOCATION AND REPAYMENT.—For the purpose 

5 of determining the allocation and repayment of costs of any 

6 stages of the Central Arizona Project constructed after the 

7 date of enactment of this Act, the costs associated with the 

8 delivery of water described in subsection (b), whether that 

9 water is delivered for use by the Community or in accord10 ance with any assignment, exchange, lease, option to lease, 

11 or other agreement for the temporary disposition of water 

12 entered into by the Community— 

13 (1) shall be nonreimbursable; and 

14 (2) shall be excluded from the repayment obliga15 tion of the Central Arizona Water Conservation Dis16 trict. 

17 (e) APPLICATION OF PROVISIONS.— 

18 (1) IN GENERAL.—The water rights recognized 

19 and confirmed to the Community and allottees by the 

20 Gila River agreement and this title shall be subject to 

21 section 7 of the Act of February 8, 1887 (25 U.S.C. 

22 381). 

23 (2) WATER CODE.— 

24 (A) IN GENERAL.—Not later than 18 

25 months after the enforceability date, the Commu-
71 

•HR 885 RH 

1 nity shall enact a water code, subject to any ap2 plicable provision of law (including subsection 

3 (a)(3)), that— 

4 (i) manages, regulates, and controls the 

5 water resources on the Reservation; 

6 (ii) governs all of the water rights that 

7 are held in trust by the United States; and 

8 (iii) provides that, subject to approval 

9 of the Secretary— 

10 (I) the Community shall manage, 

11 regulate, and control the water re12 sources described in the Gila River 

13 agreement and allocate water to all 

14 water users on the Reservation pursu15 ant to the water code; 

16 (II) the Community shall estab17 lish conditions, limitations, and per18 mit requirements relating to the stor19 age, recovery, and use of the water re20 sources described in the Gila River 

21 agreement; 

22 (III) any allocation of water shall 

23 be from the pooled water resources de24 scribed in the Gila River agreement; 
72 

•HR 885 RH 

1 (IV) charges for delivery of water 

2 for irrigation purposes to water users 

3 on the Reservation (including water 

4 users on allotted land) shall be assessed 

5 on a just and equitable basis without 

6 regard to the status of the Reservation 

7 land on which the water is used; 

8 (V) there is a process by which 

9 any user of or applicant to use water 

10 for irrigation purposes (including 

11 water users on allotted land) may re12 quest that the Community provide 

13 water for irrigation use in accordance 

14 with this title; 

15 (VI) there is a due process system 

16 for the consideration and determina17 tion by the Community of any request 

18 by any water user on the Reservation 

19 (including water users on allotted 

20 land), for an allocation of water, in21 cluding a process for appeal and adju22 dication of denied or disputed distribu23 tions of water and for resolution of 

24 contested administrative decisions; and 
73 

•HR 885 RH 

1 (VII) there is a requirement that 

2 any allottee with a claim relating to 

3 the enforcement of rights of the allottee 

4 under the water code or relating to the 

5 amount of water allocated to land of 

6 the allottee must first exhaust remedies 

7 available to the allottee under Commu8 nity law and the water code before ini9 tiating an action against the United 

10 States or petitioning the Secretary 

11 pursuant to subsection (a)(3)(F). 

12 (B) APPROVAL.—Any provision of the water 

13 code and any amendments to the water code that 

14 affect the rights of the allottees shall be subject to 

15 the approval of the Secretary, and no such provi16 sion or amendment shall be valid until approved 

17 by the Secretary. 

18 (C) INCLUSION OF REQUIREMENT IN WATER

19 CODE.—The Community is authorized to and 

20 shall include in the water code the requirement 

21 in subparagraph (A)(VII) that any allottee with 

22 a claim relating to the enforcement of rights of 

23 the allottee under the water code or relating to 

24 the amount of water allocated to land of the al25 lottee must first exhaust remedies available to the 
74 

•HR 885 RH 

1 allottee under Community law and the water 

2 code before initiating an action against the 

3 United States. 

4 (3) ADMINISTRATION.—The Secretary shall ad5 minister all rights to water granted or confirmed to 

6 the Community and allottees by the Gila River agree7 ment and this Act until such date as the water code 

8 described in paragraph (2) has been enacted and ap9 proved by the Secretary, at which time the Commu10 nity shall have authority, subject to the Secretary’s 

11 authority under section 7 of the Act of February 8, 

12 1887 (25 U.S.C. 381), to manage, regulate, and con13 trol the water resources described in the Gila River 

14 agreement, subject to paragraph (2), except that this 

15 paragraph shall not impair the right of an allottee to 

16 lease land of the allottee together with the water rights 

17 appurtenant to the land. 

18 SEC. 205. COMMUNITY WATER DELIVERY CONTRACT 

19 AMENDMENTS. 

20 (a) IN GENERAL.—The Secretary shall amend the 

21 Community water delivery contract to provide, among other 

22 things, in accordance with the Gila River agreement, that— 

23 (1) the contract shall be— 
75 

•HR 885 RH 

1 (A) for permanent service (as that term is 

2 used in section 5 of the Boulder Canyon Project 

3 Act (43 U.S.C. 617d)); and 

4 (B) without limit as to term; 

5 (2) the Community may, with the approval of 

6 the Secretary, including approval as to the Sec7 retary’s authority under section 7 of the Act of Feb8 ruary 8, 1887 (25 U.S.C. 381)— 

9 (A) enter into contracts or options to lease 

10 (for a term not to exceed 100 years) or contracts 

11 or options to exchange, Community CAP water 

12 within Maricopa, Pinal, Pima, La Paz, 

13 Yavapai, Gila, Graham, Greenlee, Santa Cruz, 

14 or Coconino Counties, Arizona, providing for the 

15 temporary delivery to others of any portion of 

16 the Community CAP water; and 

17 (B) renegotiate any lease at any time dur18 ing the term of the lease, so long as the term of 

19 the renegotiated lease does not exceed 100 years; 

20 (3)(A) the Community, and not the United 

21 States, shall be entitled to all consideration due to the 

22 Community under any leases or options to lease and 

23 exchanges or options to exchange Community CAP 

24 water entered into by the Community; and 
76 

•HR 885 RH 

1 (B) the United States shall have no trust obliga2 tion or other obligation to monitor, administer, or ac3 count for— 

4 (i) any funds received by the Community as 

5 consideration under any such leases or options to 

6 lease and exchanges or options to exchange; or 

7 (ii) the expenditure of such funds; 

8 (4)(A) all Community CAP water shall be deliv9 ered through the CAP system; and 

10 (B) if the delivery capacity of the CAP system 

11 is significantly reduced or is anticipated to be signifi12 cantly reduced for an extended period of time, the 

13 Community shall have the same CAP delivery rights 

14 as other CAP contractors and CAP subcontractors, if 

15 such CAP contractors or CAP subcontractors are al16 lowed to take delivery of water other than through the 

17 CAP system; 

18 (5) the Community may use Community CAP 

19 water on or off the Reservation for Community pur20 poses; 

21 (6) as authorized by subparagraph (A) of section 

22 403(f)(2) of the Colorado River Basin Project Act (43 

23 U.S.C. 1543(f)(2)) (as amended by section 107(a)) 

24 and to the extent that funds are available in the 

25 Lower Colorado River Basin Development Fund es-
77 

•HR 885 RH 

1 tablished by section 403 of that Act (43 U.S.C. 1543), 

2 the United States shall pay to the CAP operating 

3 agency the fixed OM&R charges associated with the 

4 delivery of Community CAP water, except for Com5 munity CAP water leased by others; 

6 (7) the costs associated with the construction of 

7 the CAP system allocable to the Community— 

8 (A) shall be nonreimbursable; and 

9 (B) shall be excluded from any repayment 

10 obligation of the Community; and 

11 (8) no CAP water service capital charges shall be 

12 due or payable for Community CAP water, whether 

13 CAP water is delivered for use by the Community or 

14 is delivered under any leases, options to lease, ex15 changes or options to exchange Community CAP 

16 water entered into by the Community. 

17 (b) AMENDED AND RESTATED COMMUNITY WATER

18 DELIVERY CONTRACT.—To the extent it is not in conflict 

19 with the provisions of this Act, the Amended and Restated 

20 Community CAP Water Delivery Contract set forth in ex21 hibit 8.2 to the Gila River agreement is authorized, ratified, 

22 and confirmed, and the Secretary is directed to and shall 

23 execute the contract. To the extent amendments are executed 

24 to make the Amended and Restated Community CAP Water 
78 

•HR 885 RH 

1 Delivery Contract consistent with this title, such amend2 ments are also authorized, ratified, and confirmed. 

3 (c) LEASES.—To the extent they are not in conflict 

4 with the provisions of this Act, the leases of Community 

5 CAP water by the Community to Phelps Dodge, and any 

6 of the Cities, attached as exhibits to the Gila River agree7 ment, are authorized, ratified, and confirmed, and the Sec8 retary is directed to and shall execute the leases. To the ex9 tent amendments are executed to make such leases consistent 

10 with this title, such amendments are also authorized, rati11 fied, and confirmed. 

12 (d) RECLAIMED WATER EXCHANGE AGREEMENT.—To 

13 the extent it is not in conflict with the provisions of this 

14 Act, the Reclaimed Water Exchange Agreement among the 

15 cities of Chandler and Mesa, Arizona, the Community, and 

16 the United States, attached as exhibit 18.1 to the Gila River 

17 agreement, is authorized, ratified, and confirmed, and the 

18 Secretary shall execute the agreement. To the extent amend19 ments are executed to make the Reclaimed Water Exchange 

20 Agreement consistent with this title, such amendments are 

21 also authorized, ratified, and confirmed. 

22 (e) PAYMENT OF CHARGES.—Neither the Community 

23 nor any recipient of Community CAP water through lease 

24 or exchange shall be obligated to pay water service capital 

25 charges or any other charges, payments, or fees for the CAP 
79 

•HR 885 RH 

1 water, except as provided in the lease or exchange agree2 ment. 

3 (f) PROHIBITIONS.— 

4 (1) USE OUTSIDE THE STATE.—None of the 

5 Community CAP water shall be leased, exchanged, 

6 forborne, or otherwise transferred in any way by the 

7 Community for use directly or indirectly outside the 

8 State. 

9 (2) USE OFF RESERVATION.—Except as author10 ized by this section and subparagraph 4.7 of the Gila 

11 River agreement, no water made available to the 

12 Community under the Gila River agreement, the 

13 Globe Equity Decree, the Haggard Decree, or this title 

14 may be sold, leased, transferred, or used off the Res15 ervation other than by exchange. 

16 (3) AGREEMENTS WITH THE ARIZONA WATER

17 BANKING AUTHORITY.—Nothing in this Act or the 

18 Gila River agreement limits the right of the Commu19 nity to enter into any agreement with the Arizona 

20 Water Banking Authority, or any successor agency or 

21 entity, in accordance with State law. 

22 SEC. 206. SATISFACTION OF CLAIMS. 

23 (a) IN GENERAL.—The benefits realized by the Com24 munity, Community members, and allottees under this title 

25 shall be in complete replacement of and substitution for, 
80 

•HR 885 RH 

1 and full satisfaction of, all claims of the Community, Com2 munity members, and allottees for water rights, injury to 

3 water rights, injury to water quality and subsidence dam4 age, except as set forth in the Gila River agreement, under 

5 Federal, State, or other law with respect to land within the 

6 exterior boundaries of the Reservation, off-Reservation trust 

7 land, and fee land. 

8 (b) NO RECOGNITION OF WATER RIGHTS.—Notwith9 standing subsection (a) and except as provided in section 

10 204(a), nothing in this title has the effect of recognizing 

11 or establishing any right of a Community member or allot12 tee to water on the Reservation. 

13 SEC. 207. WAIVER AND RELEASE OF CLAIMS. 

14 (a) IN GENERAL.— 

15 (1) CLAIMS AGAINST THE STATE AND OTHERS.— 

16 (A) CLAIMS FOR WATER RIGHTS AND IN17 JURY TO WATER RIGHTS BY THE COMMUNITY

18 AND THE UNITED STATES ON BEHALF OF THE

19 COMMUNITY.—Except as provided in subpara20 graph 25.12 of the Gila River agreement, the 

21 Community, on behalf of the Community and 

22 Community members (but not members in their 

23 capacities as allottees), and the United States, on 

24 behalf of the Community and Community mem25 bers (but not members in their capacities as 
81 

•HR 885 RH 

1 allottees), as part of the performance of their ob2 ligations under the Gila River agreement, are 

3 authorized to execute a waiver and release of any 

4 claims against the State (or any agency or polit5 ical subdivision of the State) or any other per6 son, entity, corporation, or municipal corpora7 tion under Federal, State, or other law for— 

8 (i)(I) past, present, and future claims 

9 for water rights for land within the exterior 

10 boundaries of the Reservation, off-Reserva11 tion trust land, and fee land arising from 

12 time immemorial and, thereafter, forever; 

13 and 

14 (II) past, present, and future claims 

15 for water rights arising from time immemo16 rial and, thereafter, forever, that are based 

17 on aboriginal occupancy of land by the 

18 Community and Community members, or 

19 their predecessors; 

20 (ii)(I) past and present claims for in21 jury to water rights for land within the ex22 terior boundaries of the Reservation, off23 Reservation trust land, and fee land arising 

24 from time immemorial through the enforce25 ability date; 
82 

•HR 885 RH 

1 (II) past, present, and future claims 

2 for injury to water rights arising from time 

3 immemorial and, thereafter, forever, that 

4 are based on aboriginal occupancy of land 

5 by the Community and Community mem6 bers, or their predecessors; and 

7 (III) claims for injury to water rights 

8 arising after the enforceability date for land 

9 within the exterior boundaries of the Res10 ervation, off-Reservation trust land, and fee 

11 land resulting from the off-Reservation di12 version or use of water in a manner not in 

13 violation of the Gila River agreement or 

14 State law; 

15 (iii) past, present, and future claims 

16 arising out of or relating in any manner to 

17 the negotiation or execution of the Gila 

18 River agreement or the negotiation or enact19 ment of titles I and II; and 

20 (iv)(I) past and present claims for sub21 sidence damage occurring to land within 

22 the exterior boundaries of the Reservation, 

23 off-Reservation trust land, or fee land aris24 ing from time immemorial through the en25 forceability date; and 
83 

•HR 885 RH 

1 (II) claims for subsidence damage aris2 ing after the enforceability date occurring to 

3 land within the exterior boundaries of the 

4 Reservation, off-Reservation trust land, or 

5 fee land resulting from the diversion of un6 derground water in a manner not in viola7 tion of the Gila River agreement or State 

8 law. 

9 (B) CLAIMS FOR WATER RIGHTS AND IN10 JURY TO WATER RIGHTS BY THE UNITED STATES

11 AS TRUSTEE FOR THE ALLOTTEES.—Except as 

12 provided in subparagraph 25.12 of the Gila 

13 River agreement, the United States, as trustee 

14 for the allottees, as part of the performance of its 

15 obligations under the Gila River agreement, is 

16 authorized to execute a waiver and release of any 

17 claims against the State (or any agency or polit18 ical subdivision of the State) or any other per19 son, entity, corporation, or municipal corpora20 tion under Federal, State, or other law, for— 

21 (i)(I) past, present, and future claims 

22 for water rights for land within the exterior 

23 boundaries of the Reservation arising from 

24 time immemorial and, thereafter, forever; 

25 and 
84 

•HR 885 RH 

1 (II) past, present, and future claims 

2 for water rights arising from time immemo3 rial and, thereafter, forever, that are based 

4 on aboriginal occupancy of land by 

5 allottees, or their predecessors; 

6 (ii)(I) past and present claims for in7 jury to water rights for land within the ex8 terior boundaries of the Reservation arising 

9 from time immemorial through the enforce10 ability date; 

11 (II) past, present, and future claims 

12 for injury to water rights arising from time 

13 immemorial and, thereafter, forever, that 

14 are based on aboriginal occupancy of land 

15 by allottees or their predecessors; and 

16 (III) claims for injury to water rights 

17 arising after the enforceability date for land 

18 within the exterior boundaries of the Res19 ervation resulting from the off-Reservation 

20 diversion or use of water in a manner not 

21 in violation of the Gila River agreement or 

22 State law; 

23 (iii) past, present, and future claims 

24 arising out of or relating in any manner to 

25 the negotiation or execution of the Gila 
85 

•HR 885 RH 

1 River agreement or the negotiation or enact2 ment of titles I and II; and 

3 (iv) past and present claims for subsid4 ence damage occurring to land within the 

5 exterior boundaries of the Reservation aris6 ing from time immemorial through the en7 forceability date. 

8 (C) CLAIMS FOR INJURY TO WATER QUALITY

9 BY THE COMMUNITY.—Except as provided in 

10 subparagraph 25.12 of the Gila River agreement, 

11 the Community, on behalf of the Community and 

12 Community members (but not members in their 

13 capacities as allottees), as part of the perform14 ance of its obligations under the Gila River 

15 agreement, is authorized to execute a waiver and 

16 release of any claims, and to agree to waive its 

17 right to request the United States to bring any 

18 claims, against the State (or any agency or po19 litical subdivision of the State) or any other per20 son, entity, corporation, or municipal corpora21 tion under Federal, State, or other law for— 

22 (i) past and present claims for injury 

23 to water quality (other than claims arising 

24 out of the actions that resulted in the reme25 diations described in exhibit 25.4.1.1 to the 
86 

•HR 885 RH 

1 Gila River agreement), including claims for 

2 trespass, nuisance, and real property dam3 age and claims under all current and future 

4 Federal, State, and other environmental 

5 laws and regulations, including claims 

6 under the Comprehensive Environmental 

7 Response, Compensation, and Liability Act 

8 of 1980 (42 U.S.C. 9601 et seq.) and the Ar9 izona Water Quality Assurance Revolving 

10 Fund (Ariz. Rev. Stat. 49–281 et seq. as 

11 amended) arising from time immemorial 

12 through December 31, 2002, for land within 

13 the exterior boundaries of the Reservation, 

14 off-Reservation trust land, and fee land; 

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

16 injury to water quality (other than claims 

17 arising out of actions that resulted in the 

18 remediations described in exhibit 25.4.1.1 to 

19 the Gila River agreement), including claims 

20 for trespass, nuisance, and real property 

21 damage and claims under all current and 

22 future Federal, State, and other environ23 mental laws and regulations, including 

24 claims under the Comprehensive Environ25 mental Response, Compensation, and Li-
87 

•HR 885 RH 

1 ability Act of 1980 (42 U.S.C. 9601 et seq.) 

2 and the Arizona Water Quality Assurance 

3 Revolving Fund (Ariz. Rev. Stat. 49–281 et 

4 seq.), arising from time immemorial and, 

5 thereafter, forever, that are based on ab6 original occupancy of land by the Commu7 nity and Community members, or their 

8 predecessors; 

9 (iii) claims for injury to water quality 

10 (other than claims arising out of actions 

11 that resulted in the remediations described 

12 in exhibit 25.4.1.1 to the Gila River agree13 ment) arising after December 31, 2002, in14 cluding claims for trespass, nuisance, and 

15 real property damage and claims under all 

16 current and future Federal, State, and other 

17 environmental laws and regulations, includ18 ing claims under the Comprehensive Envi19 ronmental Response, Compensation, and Li20 ability Act of 1980 (42 U.S.C. 9601 et seq.) 

21 and the Arizona Water Quality Assurance 

22 Revolving Fund (Ariz. Rev. Stat. 49–9281 

23 et seq.), that result from— 

24 (I) the delivery of water to the 

25 Community; 
88 

•HR 885 RH 

1 (II) the off-Reservation diversion 

2 (other than pumping), or ownership or 

3 operation of structures for the off-Res4 ervation diversion (other than pump5 ing), of water; 

6 (III) the off-Reservation pumping, 

7 or ownership or operation of structures 

8 for the off-Reservation pumping, of 

9 water in a manner not in violation of 

10 the Gila River agreement or of any ap11 plicable pumping limitations under 

12 State law; 

13 (IV) the recharge, or ownership or 

14 operation of structures for the recharge, 

15 of water under a State permit; and 

16 (V) the off-Reservation applica17 tion of water to land for irrigation, 

18 except that the waiver provided in this 

19 clause shall extend only to the State (or any 

20 agency or political subdivision of the State) 

21 or any other person, entity, or municipal or 

22 other corporation to the extent that the per23 son, entity, or corporation is engaged in an 

24 activity specified in this clause. 
89 

•HR 885 RH 

1 (D) PAST AND PRESENT CLAIMS FOR IN2 JURY TO WATER QUALITY BY THE UNITED

3 STATES.—Except as provided in subparagraph 

4 25.12 of the Gila River agreement and except for 

5 any claims arising out of the actions that re6 sulted in the remediations described in exhibit 

7 25.4.1.1 to the Gila River agreement, the United 

8 States, acting as trustee for the Community, 

9 Community members and allottees, and as part 

10 of the performance of its obligations under the 

11 Gila River agreement, to the extent consistent 

12 with this section, is authorized to execute a waiv13 er and release of any claims arising from time 

14 immemorial through December 31, 2002, for in15 jury to water quality where all of the following 

16 conditions are met: 

17 (i) The claims are brought solely on be18 half of the Community, members, or 

19 allottees. 

20 (ii) The claims are brought against the 

21 State (or any agency or political subdivi22 sion of the State) or any person, entity, cor23 poration, or municipal corporation. 

24 (iii) The claims arise under Federal, 

25 State, or other law, including claims, if 
90 

•HR 885 RH 

1 any, for trespass, nuisance, and real prop2 erty damage, and claims, if any, under any 

3 current or future Federal, State, or other 

4 environmental laws or regulation, including 

5 under the Comprehensive Environmental 

6 Response, Compensation, and Liability Act 

7 of 1980 (42 U.S.C. 9601 et seq.) or the Ari8 zona Water Quality Assurance Revolving 

9 Fund (Ariz. Rev. Stat. 49–281 et seq.). 

10 (iv) The claimed injury is to land, 

11 water, or natural resources located on trust 

12 land within the exterior boundaries of the 

13 Reservation or on off-Reservation trust 

14 land. 

15 (E) FUTURE CLAIMS FOR INJURY TO WATER

16 QUALITY BY THE UNITED STATES.—Except as 

17 provided in subparagraph 25.12 of the Gila 

18 River agreement and except for any claims aris19 ing out of the actions that resulted in the remedi20 ations described in exhibit 25.4.1.1 to the Gila 

21 River agreement, the United States, in its own 

22 right and as trustee for the Community, its 

23 members and allottees, as part of the perform24 ance of its obligations under the Gila River 

25 agreement, to the extent consistent with this sec-
91 

•HR 885 RH 

1 tion, is authorized to execute a waiver and re2 lease of the following claims for injury or threat 

3 of injury to water quality arising after December 

4 31, 2002, against the State (or any agency or 

5 political subdivision of the State) or any other 

6 person, entity, corporation, or municipal cor7 poration under Federal, State, or other law: 

8 (i) All common law claims for injury 

9 or threat of injury to water quality where 

10 the injury or threat of injury asserted is to 

11 the Community’s, Community members’ or 

12 allottees’ interests in trust land, water, or 

13 natural resources located within the exterior 

14 boundaries of the Reservation or within off15 Reservation trust lands caused by— 

16 (I) the delivery of water to the 

17 Community; 

18 (II) the off-Reservation diversion 

19 (other than pumping), or ownership or 

20 operation of structures for the off-Res21 ervation diversion (other than pump22 ing), of water; 

23 (III) the off-Reservation pumping, 

24 or ownership or operation of structures 

25 for the off-Reservation pumping, of 
92 

•HR 885 RH 

1 water in a manner not in violation of 

2 the Gila River agreement or of any ap3 plicable pumping limitations under 

4 State law; 

5 (IV) the recharge, or ownership or 

6 operation of structures for the recharge, 

7 of water under a State permit; and 

8 (V) the off-Reservation applica9 tion of water to land for irrigation. 

10 (ii) All natural resource damage 

11 claims for injury or threat of injury to 

12 water quality where the United States, 

13 through the Secretary of the Interior or 

14 other designated officials, would act on be15 half of the Community, its members or 

16 allottees as a natural resource trustee pur17 suant to the National Contingency Plan, (as 

18 currently set forth in section 300.600(b)(2) 

19 of title 40, Code of Federal Regulations, or 

20 as it may hereafter be amended), and where 

21 the claim is based on injury to natural re22 sources or threat of injury to natural re23 sources within the exterior boundaries of the 

24 Reservation or off-Reservation trust lands, 

25 caused by— 
93 

•HR 885 RH 

1 (I) the delivery of water to the 

2 Community; 

3 (II) the off-Reservation diversion 

4 (other than pumping), or ownership or 

5 operation of structures for the off-Res6 ervation diversion (other than pump7 ing), of water; 

8 (III) the off-Reservation pumping, 

9 or ownership or operation of structures 

10 for the off-Reservation pumping, of 

11 water in a manner not in violation of 

12 the Gila River agreement or of any ap13 plicable pumping limitations under 

14 State law; 

15 (IV) the recharge, or ownership or 

16 operation of structures for the recharge, 

17 of water under a State permit; and 

18 (V) the off-Reservation applica19 tion of water to land for irrigation. 

20 (F) CLAIMS BY THE COMMUNITY AGAINST

21 THE SALT RIVER PROJECT.— 

22 (i) IN GENERAL.—Except as provided 

23 in subparagraph 25.12 of the Gila River 

24 agreement, to the extent consistent with this 

25 section, the Community, on behalf of the 
94 

•HR 885 RH 

1 Community and Community members (but 

2 not members in their capacities as 

3 allottees), as part of the performance of its 

4 obligations under the Gila River agreement, 

5 is authorized to execute a waiver and re6 lease of claims against the Salt River 

7 Project (or its successors or assigns or its of8 ficers, governors, directors, employees, 

9 agents, or shareholders), where all of the fol10 lowing conditions are met: 

11 (I) The claims are brought solely 

12 on behalf of the Community or its, 

13 members. 

14 (II) The claims arise from the dis15 charge, transportation, seepage, or 

16 other movement of water in, through, 

17 or from drains, canals, or other facili18 ties or land in the Salt River Reservoir 

19 District to trust land located within 

20 the exterior boundaries of the Reserva21 tion. 

22 (III) The claims arise from time 

23 immemorial through the enforceability 

24 date. 
95 

•HR 885 RH 

1 (IV) The claims assert a past or 

2 present injury to water rights, injury 

3 on the Reservation to water quality, or 

4 injury to trust property located within 

5 the exterior boundaries of the Reserva6 tion. 

7 (ii) EFFECT OF WAIVER.—The waiver 

8 provided for in this subparagraph is effec9 tive as of December 31, 2002, and shall con10 tinue to preclude claims as they may arise 

11 until the enforceability date, or until such 

12 time as the Salt River Project alters its his13 torical operations of the drains, canals, or 

14 other facilities within the Salt River Res15 ervoir District in a manner that would 

16 cause significant harm to trust lands within 

17 the exterior boundaries of the Reservation, 

18 whichever occurs earlier. 

19 (G) CLAIMS BY THE UNITED STATES

20 AGAINST THE SALT RIVER PROJECT.— 

21 (i) IN GENERAL.—Except as provided 

22 in subparagraph 25.12 of the Gila River 

23 agreement, to the extent consistent with this 

24 section, the United States, acting as trustee 

25 for the Community, Community members 
96 

•HR 885 RH 

1 and allottees, and as part of the perform2 ance of its obligations under the Gila River 

3 agreement, is authorized to execute a waiver 

4 and release of claims against the Salt River 

5 Project (or its successors or assigns or its of6 ficers, governors, directors, employees, 

7 agents, or shareholders), where all of the fol8 lowing conditions are met: 

9 (I) The claims are brought solely 

10 on behalf of the Community, members, 

11 or allottees. 

12 (II) The claims arise from the dis13 charge, transportation, seepage, or 

14 other movement of water in, through, 

15 or from drains, canals, or other facili16 ties or land in the Salt River Reservoir 

17 District to trust land located within 

18 the exterior boundaries of the Reserva19 tion. 

20 (III) The claims arise from time 

21 immemorial through the enforceability 

22 date. 

23 (IV) The claims assert a past or 

24 present injury to water rights, injury 

25 on the Reservation to water quality, or 
97 

•HR 885 RH 

1 injury to trust property located within 

2 the exterior boundaries of the Reserva3 tion. 

4 (ii) EFFECT OF WAIVER.—The waiver 

5 provided for in this subsection is effective as 

6 of December 31, 2002, and shall continue to 

7 preclude claims as they may arise until the 

8 enforceability date, or until such time as the 

9 Salt River Project alters its historical oper10 ations of the drains, canals, or other facili11 ties within the Salt River Reservoir District 

12 in a manner that would cause significant 

13 harm to trust lands within the exterior 

14 boundaries of the Reservation, whichever oc15 curs earlier. 

16 (H) UNITED STATES ENFORCEMENT AU17 THORITY.—Except as provided in subparagraphs 

18 (D), (E), and (G), nothing in this Act or the 

19 Gila River agreement affects any right of the 

20 United States, or the State, to take any action, 

21 including environmental actions, under any laws 

22 (including regulations and the common law) re23 lating to human health, safety, or the environ24 ment. 
98 

•HR 885 RH 

1 (2) CLAIMS FOR SUBSIDENCE BY THE COMMU2 NITY, ALLOTTEES, AND THE UNITED STATES ON BE3 HALF OF THE COMMUNITY AND ALLOTTEES.—In ac4 cordance with the subsidence remediation program 

5 under section 209, the Community, a Community 

6 member, or an allottee, and the United States, on be7 half of the Community, a Community member, or an 

8 allottee, as part of the performance of obligations 

9 under the Gila River agreement, are authorized to 

10 execute a waiver and release of all claims against the 

11 State (or any agency or political subdivision of the 

12 State) or any other person, entity, corporation or mu13 nicipal corporation under Federal, State, or other law 

14 for the damage claimed. 

15 (3) CLAIMS AGAINST THE COMMUNITY.— 

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

17 subparagraph 25.12 of the Gila River agreement, 

18 to the extent consistent with this Act, the United 

19 States, in all its capacities (except as trustee for 

20 an Indian tribe other than the Community), as 

21 part of the performance of obligations under the 

22 Gila River agreement, is authorized to execute a 

23 waiver and release of any and all claims against 

24 the Community, or any agency, official, or em-
99 

•HR 885 RH 

1 ployee of the Community, under Federal, State, 

2 or any other law for— 

3 (i) past and present claims for subsid4 ence damage to trust land within the exte5 rior boundaries of the Reservation, off-Res6 ervation trust lands, and fee land arising 

7 from time immemorial through the enforce8 ability date; and 

9 (ii) past, present, and future claims 

10 arising out of or relating in any manner to 

11 the negotiation or execution of the Gila 

12 River agreement or the negotiation or enact13 ment of titles I and II. 

14 (4) CLAIMS AGAINST THE UNITED STATES.— 

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

16 subparagraph 25.12 of the Gila River agreement, 

17 the Community, on behalf of the Community and 

18 Community members (but not members in their 

19 capacities as allottees), as part of the perform20 ance of obligations under the Gila River agree21 ment, is authorized to execute a waiver and re22 lease of any claim against the United States (or 

23 agencies, officials, or employees of the United 

24 States) under Federal, State, or other law for— 
100 

•HR 885 RH 

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

2 for water rights for land within the exterior 

3 boundaries of the Reservation, off-Reserva4 tion trust land, and fee land arising from 

5 time immemorial and, thereafter, forever; 

6 and 

7 (II) past, present, and future claims 

8 for water rights arising from time immemo9 rial and, thereafter, forever, that are based 

10 on aboriginal occupancy of land by the 

11 Community and Community members, or 

12 their predecessors; 

13 (ii)(I) past and present claims for in14 jury to water rights for land within the ex15 terior boundaries of the Reservation, off16 Reservation trust land, and fee land arising 

17 from time immemorial through the enforce18 ability date; 

19 (II) past, present, and future claims 

20 for injury to water rights arising from time 

21 immemorial and, thereafter, forever, that 

22 are based on aboriginal occupancy of land 

23 by the Community and Community mem24 bers, or their predecessors; and 
101 

•HR 885 RH 

1 (III) claims for injury to water rights 

2 arising after the enforceability date for land 

3 within the exterior boundaries of the Res4 ervation, off-Reservation trust land, or fee 

5 land resulting from the off-Reservation di6 version or use of water in a manner not in 

7 violation of the Gila River agreement or ap8 plicable law; 

9 (iii) past, present, and future claims 

10 arising out of or relating in any manner to 

11 the negotiation or execution of the Gila 

12 River agreement or the negotiation or enact13 ment of titles I and II; 

14 (iv)(I) past and present claims for sub15 sidence damage occurring to land within 

16 the exterior boundaries of the Reservation, 

17 off-Reservation trust land, or fee land aris18 ing from time immemorial through the en19 forceability date; and 

20 (II) claims for subsidence damage aris21 ing after the enforceability date occurring to 

22 land within the exterior boundaries of the 

23 Reservation, off-Reservation trust land or 

24 fee land resulting from the diversion of un25 derground water in a manner not in viola-
102 

•HR 885 RH 

1 tion of the Gila River agreement or applica2 ble law; 

3 (v) past and present claims for failure 

4 to protect, acquire, or develop water rights 

5 for or on behalf of the Community and 

6 Community members arising before Decem7 ber 31, 2002; and 

8 (vi) past, present, and future claims 

9 relating to failure to assert any claims ex10 pressly waived pursuant to section 

11 207(a)(1) (C) through (E). 

12 (B) EXHAUSTION OF REMEDIES.—To the 

13 extent that members in their capacity as allottees 

14 assert that this title impairs or alters their 

15 present or future claims to water or constitutes 

16 an injury to present or future water rights, the 

17 members shall be required to exhaust their rem18 edies pursuant to the tribal water code prior to 

19 asserting claims against the United States. 

20 (5) CLAIMS AGAINST CERTAIN PERSONS AND EN21 TITIES IN THE UPPER GILA VALLEY.— 

22 (A) BY THE COMMUNITY AND THE UNITED

23 STATES.—Except as provided in the UVD agree24 ment, the Community, on behalf of the Commu25 nity and Community members (but not members 
103 

•HR 885 RH 

1 in their capacities as allottees), and the United 

2 States on behalf of the Community and Commu3 nity members (but not members in their capac4 ities as allottees), are authorized, as part of the 

5 performance of obligations under the UVD agree6 ment, to execute a waiver and release of the fol7 lowing claims against the UV signatories and 

8 the UV Non-signatories (and the predecessors in 

9 interest of each) for— 

10 (i)(I) past, present, and future claims 

11 for water rights for land within the exterior 

12 boundaries of the Reservation and the San 

13 Carlos Irrigation Project arising from time 

14 immemorial and, thereafter, forever; and 

15 (II) past, present, and future claims 

16 for water rights arising from time immemo17 rial and, thereafter, forever, that are based 

18 on aboriginal occupancy of land by the 

19 Community, Community members, or pred20 ecessors of the Community or Community 

21 members; 

22 (ii)(I) past, present, and future claims 

23 for injuries to water rights for land within 

24 the exterior boundaries of the Reservation or 

25 the San Carlos Irrigation Project arising 
104 

•HR 885 RH 

1 from time immemorial and, thereafter, for2 ever; 

3 (II) past, present, and future claims 

4 for injury to water rights arising from time 

5 immemorial and, thereafter, forever, that 

6 are based on aboriginal occupancy of land 

7 by the Community, Community members, 

8 or predecessors of Community members, for 

9 so long as and to the extent that any indi10 vidual beneficiary of such waiver is acting 

11 in a manner that is consistent with and not 

12 in violation of or contrary to the terms, 

13 conditions, requirements, limitations, or 

14 other provisions of the UVD agreement; 

15 (III) claims for injury to water rights 

16 arising after the enforceability date for land 

17 within the exterior boundaries of the Res18 ervation and the San Carlos Irrigation 

19 Project, resulting from the diversion, pump20 ing, or use of water in a manner that is 

21 consistent with and not in violation of or 

22 contrary to the terms, conditions, limita23 tions, requirements, or provisions of the 

24 UVD agreement; and 
105 

•HR 885 RH 

1 (IV) claims for injury to water rights 

2 arising after the enforceability date for 

3 water rights transferred to the Project pur4 suant to section 211 resulting from the di5 version, pumping or use of water in a man6 ner that is consistent with and not in viola7 tion of or contrary to the terms, conditions, 

8 limitations, requirements, or provisions of 

9 the UVD agreement; 

10 (iii)(I) past, present, and future claims 

11 for injuries to water rights arising out of or 

12 relating to the use of water rights appur13 tenant to New Mexico 381 acres, on the con14 ditions that such water rights remain sub15 ject to the oversight and reporting require16 ments set forth in the decree in Arizona v. 

17 California, 376 U.S. 340 (1964), and that 

18 the State of New Mexico shall make avail19 able on request a copy of any records pre20 pared pursuant to that decree; and 

21 (II) past, present, and future claims 

22 arising out of and relating to the use of 

23 water rights for New Mexico domestic pur24 poses, on the conditions that such water 

25 rights remain subject to the oversight and 
106 

•HR 885 RH 

1 reporting requirements set forth in the de2 cree in Arizona v. California, 376 U.S. 340 

3 (1964), and that the State of New Mexico 

4 shall make available on request a copy of 

5 any records prepared pursuant to that de6 cree; and 

7 (iv) past, present, and future claims 

8 arising out of or relating to the negotiation 

9 or execution of the UVD agreement, or the 

10 negotiation or enactment of titles I and II. 

11 (B) BY THE UNITED STATES ON BEHALF OF

12 ALLOTTEES.—Except as provided in the UVD 

13 agreement, to the extent consistent with this sec14 tion, the United States as trustee for the 

15 allottees, as part of the performance under the 

16 UVD agreement, is authorized to execute a waiv17 er and release of the following claims under Fed18 eral, State, or other law against the UV signato19 ries and the UV Non-signatories (and the prede20 cessors in interest of each) for— 

21 (i)(I) past, present, and future claims 

22 for water rights for land within the exterior 

23 boundaries of the Reservation arising from 

24 time immemorial, and thereafter, forever; 

25 and 
107 

•HR 885 RH 

1 (II) past, present, and future claims 

2 for water rights arising from time immemo3 rial and, thereafter, forever, that are based 

4 on aboriginal occupancy of lands by 

5 allottees or their predecessors; 

6 (ii)(I) past and present claims for in7 jury to water rights for lands within the ex8 terior boundaries of the Reservation arising 

9 from time immemorial, through the enforce10 ability date, for so long as and to the extent 

11 that any individual beneficiary of such 

12 waiver is acting in a manner that is con13 sistent with and not in violation of or con14 trary to the terms, conditions, requirements, 

15 limitations, or other provisions of the UVD 

16 agreement; 

17 (II) past, present, and future claims 

18 for injury to water rights arising from time 

19 immemorial and, thereafter, forever, that 

20 are based on aboriginal occupancy of lands 

21 by allottees or their predecessors, for so long 

22 as and to the extent that any individual 

23 beneficiary of such waiver is acting in a 

24 manner that is consistent with and not in 

25 violation of or contrary to the terms, condi-
108 

•HR 885 RH 

1 tions, requirements, limitations, or other 

2 provisions of the UVD agreement; and 

3 (III) claims for injury to water rights 

4 for land within the exterior boundaries of 

5 the Reservation arising after the enforce6 ability date resulting from the diversion, 

7 pumping, or use of water in a manner that 

8 is consistent with and not in violation of or 

9 contrary to the terms, conditions, limita10 tions, requirements, or provisions of the 

11 UVD agreement; 

12 (iii)(I) past, present, and future claims 

13 for injuries to water rights arising out of or 

14 relating to the use of water rights appur15 tenant to New Mexico 381 acres, on the con16 ditions that such water rights remain sub17 ject to the oversight and reporting require18 ments set forth in the decree in Arizona v. 

19 California, 376 U.S. 340 (1964), as supple20 mented, and that the State of New Mexico 

21 shall make available on request a copy of 

22 any records prepared pursuant to that de23 cree; and 

24 (II) past, present, and future claims 

25 arising out of or relating to the use of water 
109 

•HR 885 RH 

1 rights for New Mexico domestic purposes, on 

2 the conditions that such water rights re3 main subject to the oversight and reporting 

4 requirements set forth in the decree in Ari5 zona v. California, 376 U.S. 340 (1964), as 

6 supplemented, and that the State of New 

7 Mexico shall make available on request a 

8 copy of any records prepared pursuant to 

9 that decree; and 

10 (iv) past, present, and future claims 

11 arising out of or relating to the negotiation 

12 or execution of the UVD agreement, or the 

13 negotiation or enactment of titles I and II. 

14 (C) ADDITIONAL WAIVER OF CERTAIN

15 CLAIMS BY THE UNITED STATES.—Except as 

16 provided in the UVD Agreement, the United 

17 States (to the extent the waiver and release au18 thorized by this subparagraph is not duplicative 

19 of the waiver and release provided in subpara20 graph (B) and to the extent the United States 

21 holds legal title to (but not the beneficial interest 

22 in) the water rights as described in article V or 

23 VI of the Globe Equity Decree (but not on behalf 

24 of the San Carlos Apache Tribe pursuant to arti25 cle VI(2) of the Globe Equity Decree) on behalf 
110 

•HR 885 RH 

1 of lands within the San Carlos Irrigation and 

2 Drainage District and the Miscellaneous Flow 

3 Lands) shall execute a waiver and release of the 

4 following claims under Federal, State or other 

5 law against the UV signatories and the UV Non6 signatories (and the predecessors of each) for— 

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

8 water rights for land within the San Carlos 

9 Irrigation and Drainage District and the 

10 Miscellaneous Flow Lands arising from 

11 time immemorial, and thereafter, forever; 

12 (ii)(I) past and present claims for in13 jury to water rights for land within the San 

14 Carlos Irrigation and Drainage District 

15 and the Miscellaneous Flow Lands arising 

16 from time immemorial through the enforce17 ability date, for so long as and to the extent 

18 that any individual beneficiary of such 

19 waiver is acting in a manner that is con20 sistent with and not in violation of or con21 trary to the terms, conditions, requirements, 

22 limitations, or other provisions of the UVD 

23 agreement; and 

24 (II) claims for injury to water rights 

25 arising after the enforceability date for land 
111 

•HR 885 RH 

1 within the San Carlos Irrigation and 

2 Drainage District and the Miscellaneous 

3 Flow Lands resulting from the diversion, 

4 pumping, or use of water in a manner that 

5 is consistent with and not in violation of or 

6 contrary to the terms, conditions, limita7 tions, requirements, or provisions of the 

8 UVD agreement; 

9 (iii)(I) past, present, and future claims 

10 for injuries to water rights arising out of or 

11 relating to the use of water rights appur12 tenant to New Mexico 381 acres, on the con13 ditions that such water rights remain sub14 ject to the oversight and reporting require15 ments set forth in the decree in Arizona v. 

16 California, 376 U.S. 340 (1964), as supple17 mented, and that the State of New Mexico 

18 shall make available on request a copy of 

19 any records prepared pursuant to that de20 cree; and 

21 (II) past, present, and future claims 

22 arising out of or relating to the use of water 

23 rights for New Mexico domestic purposes, on 

24 the conditions that such water rights re25 main subject to the oversight and reporting 
112 

•HR 885 RH 

1 requirements set forth in the decree in Ari2 zona v. California, 376 U.S. 340 (1964), as 

3 supplemented, and that the State of New 

4 Mexico shall make available on request a 

5 copy of any records prepared pursuant to 

6 that decree; and 

7 (iv) past, present, and future claims 

8 arising out of or relating to the negotiation 

9 or execution of the UVD agreement, or the 

10 negotiation or enactment of titles I and II. 

11 (6) TRIBAL WATER QUALITY STANDARDS.—The 

12 Community, on behalf of the Community and Com13 munity members, as part of the performance of its ob14 ligations under the Gila River agreement, is author15 ized to agree never to adopt any water quality stand16 ards, or ask the United States to promulgate such 

17 standards, that are more stringent than water quality 

18 standards adopted by the State if the Community’s 

19 adoption of such standards could result in the imposi20 tion by the State or the United States of more strin21 gent water quality limitations or requirements than 

22 those that would otherwise be imposed by the State or 

23 the United States on— 

24 (A) any water delivery system used to de25 liver water to the Community; or 
113 

•HR 885 RH 

1 (B) the discharge of water into any such 

2 system. 

3 (b) EFFECTIVENESS OF WAIVER AND RELEASES.— 

4 (1) IN GENERAL.—The waivers under para5 graphs (1) and (3) through (5) of subsection (a) shall 

6 become effective on the enforceability date. 

7 (2) CLAIMS FOR SUBSIDENCE DAMAGE.—The 

8 waiver under subsection (a)(2) shall become effective 

9 on execution of the waiver by— 

10 (A) the Community, a Community member, 

11 or an allottee; and 

12 (B) the United States, on behalf of the Com13 munity, a Community member, or an allottee. 

14 (c) ENFORCEABILITY DATE.— 

15 (1) IN GENERAL.—This section takes effect on the 

16 date on which the Secretary publishes in the Federal 

17 Register a statement of findings that— 

18 (A) to the extent the Gila River agreement 

19 conflicts with this title, the Gila River agreement 

20 has been revised through an amendment to elimi21 nate the conflict and the Gila River agreement, 

22 so revised, has been executed by the Secretary 

23 and the Governor of the State; 

24 (B) the Secretary has fulfilled the require25 ments of— 
114 

•HR 885 RH 

1 (i) paragraphs (1)(A)(i) and (2) of 

2 subsection (a) and subsections (b) and (d) of 

3 section 104; and 

4 (ii) sections 204, 205, and 209(a); 

5 (C) the master agreement authorized, rati6 fied, and confirmed by section 106(a) has been 

7 executed by the parties to the master agreement, 

8 and all conditions to the enforceability of the 

9 master agreement have been satisfied; 

10 (D) $53,000,000 has been identified and re11 tained in the Lower Colorado River Basin Devel12 opment Fund for the benefit of the Community 

13 in accordance with section 107(b); 

14 (E) the State has appropriated and paid to 

15 the Community any amount to be paid under 

16 paragraph 27.4 of the Gila River agreement; 

17 (F) the Salt River Project has paid to the 

18 Community $500,000 under subparagraph 16.9 

19 of the Gila River agreement; 

20 (G) the judgments and decrees attached to 

21 the Gila River agreement as exhibits 25.18A 

22 (Gila River adjudication proceedings) and 

23 25.18B (Globe Equity Decree proceedings) have 

24 been approved by the respective courts; 
115 

•HR 885 RH 

1 (H) the dismissals attached to the Gila 

2 River agreement as exhibits 25.17.1A and B, 

3 25.17.2, and 25.17.3A and B have been filed 

4 with the respective courts and any necessary dis5 missal orders entered; 

6 (I) legislation has been enacted by the State 

7 to— 

8 (i) implement the Southside Replenish9 ment Program in accordance with subpara10 graph 5.3 of the Gila River agreement; 

11 (ii) authorize the firming program re12 quired by section 105; and 

13 (iii) establish the Upper Gila River 

14 Watershed Maintenance Program in accord15 ance with subparagraph 26.8.1 of the Gila 

16 River agreement; 

17 (J) the State has entered into an agreement 

18 with the Secretary to carry out the obligation of 

19 the State under section 105(b)(2)(A); and 

20 (K) a final judgment has been entered in 

21 Central Arizona Water Conservation District v. 

22 United States (No. CIV 95–625–TUC– 

23 WDB(EHC), No. CIV 95–1720PHX–EHC) 

24 (Consolidated Action) in accordance with the re25 payment stipulation. 
116 

•HR 885 RH 

1 (2) FAILURE OF ENFORCEABILITY DATE TO

2 OCCUR.—If, because of the failure of the enforceability 

3 date to occur by December 31, 2007, this section does 

4 not become effective, the Community, Community 

5 members, and allottees, and the United States on be6 half of the San Carlos Irrigation and Drainage Dis7 trict, the Community, Community members, and 

8 allottees, shall retain the right to assert past, present, 

9 and future water rights claims, claims for injury to 

10 water rights, claims for injury to water quality, and 

11 claims for subsidence damage as to all land within 

12 the exterior boundaries of the Reservation, off-Res13 ervation trust land, and fee land. 

14 (d) ALL LAND WITHIN EXTERIOR BOUNDARIES OF

15 THE RESERVATION.—Notwithstanding section 2(42), for 

16 purposes of this section, section 206, and section 210(d)— 

17 (1) the term ‘‘land within the exterior bound18 aries of the Reservation’’ includes— 

19 (A) land within the Reservation created 

20 pursuant to the Act of February 28, 1859, and 

21 modified by the executive orders of August 31, 

22 1876, June 14, 1879, May 5, 1882, November 15, 

23 1883, July 31, 1911, June 2, 1913, August 27, 

24 1914, and July 19, 1915; and 
117 

•HR 885 RH 

1 (B) land located in sections 16 and 36, T. 

2 4 S., R. 4 E., Salt and Gila River Baseline and 

3 Meridian; and 

4 (2) the term ‘‘off-Reservation’’ refers to land lo5 cated outside the exterior boundaries of the Reserva6 tion (as defined in paragraph (1)). 

7 (e) NO RIGHTS TO WATER.—Upon the occurrence of 

8 the enforceability date— 

9 (1) all land held by the United States in trust 

10 for the Community, Community members, and 

11 allottees and all land held by the Community within 

12 the exterior boundaries of the Reservation shall have 

13 no rights to water other than those specifically grant14 ed to the Community and the United States for the 

15 Reservation pursuant to paragraph 4.0 of the Gila 

16 River agreement; and 

17 (2) all water usage on land within the exterior 

18 boundaries of the Reservation, including the land lo19 cated in sections 16 and 36, T. 4 S., R. 4 E., Salt 

20 and Gila River Baseline and Meridian, upon acquisi21 tion by the Community or the United States on behalf 

22 of the Community, shall be taken into account in de23 termining compliance by the Community and the 

24 United States with the limitations on total diversions 
118 

•HR 885 RH 

1 specified in subparagraph 4.2 of the Gila River agree2 ment. 

3 SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R 

4 TRUST FUND. 

5 (a) ESTABLISHMENT.—There is established in the 

6 Treasury of the United States a fund to be known as the 

7 ‘‘Gila River Indian Community Water OM&R Fund’’, to 

8 be managed and invested by the Secretary, consisting of 

9 $53,000,000, the amount made available for this purpose 

10 under paragraph (2)(B) of section 403(f) of the Colorado 

11 River Basin Project Act (43 U.S.C. 1543(f)) (as amended 

12 by section 107(a)). 

13 (b) MANAGEMENT.—The Secretary shall manage the 

14 Water OM&R Fund, make investments from the Fund, and 

15 make monies available from the Fund for distribution to 

16 the Community consistent with the American Indian Trust 

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

18 seq.), hereafter referred to in this section as the ‘‘Trust Fund 

19 Reform Act’’. 

20 (c) INVESTMENT OF THE FUND.—The Secretary shall 

21 invest amounts in the Fund in accordance with— 

22 (1) the Act of April 1, 1880 (21 Stat. 70, chapter 

23 41; 25 U.S.C. 161); 

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

25 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a); and 
119 

•HR 885 RH 

1 (3) subsection (b). 

2 (d) EXPENDITURES AND WITHDRAWALS.— 

3 (1) TRIBAL MANAGEMENT PLAN.— 

4 (A) IN GENERAL.—The Community may 

5 withdraw all or part of the Water OM&R Fund 

6 on approval by the Secretary of a tribal manage7 ment plan as described in the Trust Fund Re8 form Act. 

9 (B) REQUIREMENTS.—In addition to the 

10 requirements under the Trust Fund Reform Act, 

11 the tribal management plan shall require that 

12 the Community only spend any funds, as pro13 vided in the Gila River agreement, to assist in 

14 paying operation, maintenance, and replacement 

15 costs associated with the delivery of CAP water 

16 for Community purposes. 

17 (2) ENFORCEMENT.—The Secretary may take ju18 dicial or administrative action to enforce the provi19 sions of any tribal management plan to ensure that 

20 the monies withdrawn from the Water OM&R Fund 

21 are used in accordance with this Act. 

22 (3) LIABILITY.—If the Community exercises the 

23 right to withdraw monies from the Water OM&R 

24 Fund, neither the Secretary nor the Secretary of the 
120 

•HR 885 RH 

1 Treasury shall retain any liability for the expendi2 ture or investment of the monies withdrawn. 

3 (4) EXPENDITURE PLAN.— 

4 (A) IN GENERAL.—The Community shall 

5 submit to the Secretary for approval an expendi6 ture plan for any portion of the funds made 

7 available under this section that the Community 

8 does not withdraw under this subsection. 

9 (B) DESCRIPTION.—The expenditure plan 

10 shall describe the manner in which, and the pur11 poses for which, funds of the Community re12 maining in the Water OM&R Fund will be used. 

13 (C) APPROVAL.—On receipt of an expendi14 ture plan under subparagraph (A), the Secretary 

15 shall approve the plan if the Secretary deter16 mines that the plan is reasonable and consistent 

17 with this Act. 

18 (5) ANNUAL REPORT.—The Community shall 

19 submit to the Secretary an annual report that de20 scribes all expenditures from the Water OM&R Fund 

21 during the year covered by the report. 

22 (e) NO DISTRIBUTION TO MEMBERS.—No part of the 

23 principal of the Water OM&R Fund, or of the interest or 

24 income accruing on the principal, shall be distributed to 

25 any Community member on a per capita basis. 
121 

•HR 885 RH 

1 (f) FUNDS NOT AVAILABLE UNTIL ENFORCEABILITY

2 DATE.—Amounts in the Water OM&R Fund shall not be 

3 available for expenditure or withdrawal by the Community 

4 until the enforceability date, or until January 1, 2010, 

5 whichever is later. 

6 SEC. 209. SUBSIDENCE REMEDIATION PROGRAM. 

7 (a) IN GENERAL.—Subject to the availability of funds 

8 and consistent with the provisions of section 107(a), the 

9 Secretary shall establish a program under which the Bu10 reau of Reclamation shall repair and remediate subsidence 

11 damage and related damage that occurs after the enforce12 ability date. 

13 (b) DAMAGE.—Under the program, the Community, a 

14 Community member, or an allottee may submit to the Sec15 retary a request for the repair or remediation of— 

16 (1) subsidence damage; and 

17 (2) damage to personal property caused by the 

18 settling of geologic strata or cracking in the earth’s 

19 surface of any length or depth, which settling or 

20 cracking is caused by pumping of underground water. 

21 (c) REPAIR OR REMEDIATION.—The Secretary shall 

22 perform the requested repair or remediation if— 

23 (1) the Secretary determines that the Community 

24 has not exceeded its right to withdraw underground 

25 water under the Gila River agreement; and 
122 

•HR 885 RH 

1 (2) the Community, Community member, or al2 lottee, and the Secretary as trustee for the Commu3 nity, Community member, or allottee, execute a waiv4 er and release of claim in the form specified in ex5 hibit 25.9.1, 25.9.2, or 25.9.3 to the Gila River agree6 ment, as applicable, to become effective on satisfactory 

7 completion of the requested repair or remediation, as 

8 determined under the Gila River agreement. 

9 (d) SPECIFIC SUBSIDENCE DAMAGE.—Subject to the 

10 availability of funds, the Secretary, acting through the 

11 Commissioner of Reclamation, shall repair, remediate, and 

12 rehabilitate the subsidence damage that has occurred to 

13 land before the enforceability date within the Reservation, 

14 as specified in exhibit 30.21 to the Gila River agreement. 

15 SEC. 210. AFTER-ACQUIRED TRUST LAND. 

16 (a) REQUIREMENT OF ACT OF CONGRESS.—The Com17 munity may seek to have legal title to additional land in 

18 the State located outside the exterior boundaries of the Res19 ervation taken into trust by the United States for the benefit 

20 of the Community pursuant only to an Act of Congress en21 acted after the date of enactment of this Act specifically au22 thorizing the transfer for the benefit of the Community. 

23 (b) WATER RIGHTS.—After-acquired trust land shall 

24 not include federally reserved rights to surface water or 

25 groundwater. 
123 

•HR 885 RH 

1 (c) SENSE OF CONGRESS.—It is the sense of Congress 

2 that future Acts of Congress authorizing land to be taken 

3 into trust under subsection (a) should provide that such 

4 land will have only such water rights and water use privi5 leges as would be consistent with State water law and State 

6 water management policy. 

7 (d) ACCEPTANCE OF LAND IN TRUST STATUS.— 

8 (1) IN GENERAL.—If the Community acquires 

9 legal fee title to land that is located within the exte10 rior boundaries of the Reservation (as defined in sec11 tion 207(d)), the Secretary shall accept the land in 

12 trust status for the benefit of the Community upon re13 ceipt by the Secretary of a submission from the Com14 munity that provides evidence that— 

15 (A) the land meets the Department of the 

16 Interior’s minimum environmental standards 

17 and requirements for real estate acquisitions set 

18 forth in 602 DM 2.6, or any similar successor 

19 standards or requirements for real estate acquisi20 tions in effect on the date of the Community’s 

21 submission; and 

22 (B) the title to the land meets applicable 

23 Federal title standards in effect on the date of 

24 the Community’s submission. 
124 

•HR 885 RH 

1 (2) RESERVATION STATUS.—Land taken or held 

2 in trust by the Secretary under paragraph (1) shall 

3 be deemed part of the Community’s reservation. 

4 SEC. 211. REDUCTION OF WATER RIGHTS. 

5 (a) REDUCTION OF TBI ELIGIBLE ACRES.— 

6 (1) IN GENERAL.—Consistent with this title and 

7 as provided in the UVD agreement to assist in reduc8 ing the total water demand for irrigation use in the 

9 upper valley of the Gila River, the Secretary shall 

10 provide funds to the Gila Valley Irrigation District 

11 and the Franklin Irrigation District (hereafter in this 

12 section referred to as ‘‘the Districts’’) for the acquisi13 tion of UV decreed water rights and the extinguish14 ment of those rights to decrease demands on the Gila 

15 River, or severance and transfer of those rights to the 

16 San Carlos Irrigation Project for the benefit of the 

17 Community and the San Carlos Irrigation and 

18 Drainage District in accordance with applicable law. 

19 (2) ACQUISITIONS.— 

20 (A) REQUIRED PHASE I ACQUISITION.—Not 

21 later than December 31 of the third calendar 

22 year that begins after the enforceability date (or 

23 December 31 of the first calendar year that be24 gins after the payment provided by subpara25 graph (D)(iii), if later), the Districts shall ac-
125 

•HR 885 RH 

1 quire the UV decreed water rights appurtenant 

2 to 1,000 acres of land (other than special hot 

3 lands). 

4 (B) REQUIRED PHASE II ACQUISITION.— 

5 Not later than December 31 of the sixth calendar 

6 year that begins after the enforceability date (or 

7 December 31 of the first calendar year that be8 gins after the payment provided by subpara9 graph (D)(iii), if later), the Districts shall ac10 quire the UV decreed water rights appurtenant 

11 to 1,000 acres of land (other than special hot 

12 lands). The reduction of TBI eligible acres under 

13 this subparagraph shall be in addition to that 

14 accomplished under subparagraph (A). 

15 (C) ADDITIONAL ACQUISITION IN CASE OF

16 SETTLEMENT.—If the San Carlos Apache Tribe 

17 reaches a comprehensive settlement that is ap18 proved by Congress and finally approved by all 

19 courts the approval of which is required, the Sec20 retary shall offer to acquire for fair market value 

21 the UV decreed water rights associated with not 

22 less than 500 nor more than 3,000 TBI eligible 

23 acres of land (other than special hot lands). 
126 

•HR 885 RH 

1 (D) METHODS OF ACQUISITION FOR RIGHTS

2 ACQUIRED PURSUANT TO SUBPARAGRAPHS (A)

3 AND (B).— 

4 (i) DETERMINATION OF VALUE.— 

5 (I) APPRAISALS.—Not later than 

6 December 31 of the first calendar year 

7 that begins after the enforceability date 

8 in the case of the phase I acquisition, 

9 and not later than December 31 of the 

10 fourth calendar year that begins after 

11 the enforceability date in the case of 

12 the phase II acquisition, the Districts 

13 shall submit to the Secretary an ap14 praisal of the average value of water 

15 rights appurtenant to 1,000 TBI eligi16 ble acres. 

17 (II) REVIEW.—The Secretary 

18 shall review the appraisal submitted to 

19 ensure its consistency with the Uni20 form Appraisal Standards for Federal 

21 Land Acquisition and notify the Dis22 tricts of the results of the review within 

23 30 days of submission of the appraisal. 

24 In the event that the Secretary finds 

25 that the appraisal is not consistent 
127 

•HR 885 RH 

1 with such standards, the Secretary 

2 shall so notify the Districts with a full 

3 explanation of the reasons for that 

4 finding. Within 60 days of being noti5 fied by the Secretary that the ap6 praisal is not consistent with such 

7 Standards, the Districts shall resubmit 

8 an appraisal to the Secretary that is 

9 consistent with such standards. The 

10 Secretary shall review the resubmitted 

11 appraisal to ensure its consistency 

12 with nationally approved standards 

13 and notify the Districts of the results 

14 of the review within 30 days of resub15 mission. 

16 (III) PETITION.—In the event 

17 that the Secretary finds that such re18 submitted appraisal is not consistent 

19 with those Standards, either the Dis20 tricts or the Secretary may petition a 

21 Federal court in the District of Ari22 zona for a determination of whether 

23 the appraisal is consistent with na24 tionally approved Standards. If such 

25 court finds the appraisal is so con-
128 

•HR 885 RH 

1 sistent, the value stated in the ap2 praisal shall be final for all purposes. 

3 If such court finds the appraisal is not 

4 so consistent, the court shall determine 

5 the average value of water rights ap6 purtenant to 1,000 TBI eligible acres. 

7 (IV) NO OBJECTION.—If the Sec8 retary does not object to an appraisal 

9 within the time periods provided in 

10 this clause (i), the value determined in 

11 the appraisal shall be final for all pur12 poses. 

13 (ii) APPRAISAL.—In determining the 

14 value of water rights pursuant to this para15 graph, any court, the Districts, the Sec16 retary, and any appraiser shall take into 

17 account the obligations the owner of the 

18 land (to which the rights are appurtenant) 

19 will have after acquisition for phreatophyle 

20 control as provided in the UVD agreement 

21 and to comply with environmental laws be22 cause of the acquisition and severance and 

23 transfer or extinguishment of the water 

24 rights. 
129 

•HR 885 RH 

1 (iii) PAYMENT.—No more than 30 

2 days after the average value of water rights 

3 appurtenant to 1,000 acres of land has been 

4 determined in accordance with clauses (i) 

5 and (ii), the Secretary shall pay 125 per6 cent of such values to the Districts. 

7 (iv) REDUCTION OF ACREAGE.—No 

8 later than December 31 of the first calendar 

9 year that begins after each such payment, 

10 the Districts shall acquire the UV decreed 

11 water rights appurtenant to one thousand 

12 (1,000) acres of lands that would have been 

13 included in the calculation of TBI eligible 

14 acres (other than special hot lands), if the 

15 calculation of TBI eligible acres had been 

16 undertaken at the time of acquisition. To 

17 the extent possible, the Districts shall select 

18 the rights to be acquired in compliance with 

19 subsection 5.3.7 of the UVD agreement. 

20 (3) REDUCTION OF TBI ELIGIBLE ACRES.—Si21 multaneously with the acquisition of UV decreed 

22 water rights under paragraph (2), the number of TBI 

23 eligible acres, but not the number of acres of UV sub24 jugated land, shall be reduced by the number of acres 

25 associated with those UV decreed water rights. 
130 

•HR 885 RH 

1 (4) ALTERNATIVES TO ACQUISITION.— 

2 (A) SPECIAL HOT LANDS.—After the pay3 ments provided by paragraph (2)(D)(iii), the 

4 Districts may fulfill the requirements of para5 graphs (2) and (3) in full or in part, by entering 

6 into an agreement with an owner of special hot 

7 lands to prohibit permanently future irrigation 

8 of the special hot lands if the UVD settling par9 ties simultaneously— 

10 (i) acquire UV decreed water rights as11 sociated with a like number of UV decreed 

12 acres that are not TBI eligible acres; and 

13 (ii) sever and transfer those rights to 

14 the San Carlos Irrigation Project for the 

15 benefit of the Community and the San Car16 los Irrigation and Drainage District. 

17 (B) FALLOWING AGREEMENT.—After the 

18 payment provided by paragraph (2)(D)(iii), the 

19 Districts may fulfill the requirements of para20 graphs (2) and (3) in full or in part, by entering 

21 into an agreement with 1 or more owners of UV 

22 decreed acres and the UV irrigation district in 

23 which the acres are located, if any, under 

24 which— 
131 

•HR 885 RH 

1 (i) the number of TBI eligible acres is 

2 reduced; but 

3 (ii) the owner of the UV decreed acres 

4 subject to the reduction is permitted to peri5 odically irrigate the UV decreed acres under 

6 a fallowing agreement authorized under the 

7 UVD agreement. 

8 (5) DISPOSITION OF ACQUIRED WATER

9 RIGHTS.— 

10 (A) IN GENERAL.—Of the UV decreed water 

11 rights acquired by the Districts pursuant to sub12 paragraphs (A) and (B) of paragraph (2), the 

13 Districts shall, in accordance with all applicable 

14 law and the UVD agreement— 

15 (i) sever, and transfer to the San Car16 los Irrigation Project for the benefit of the 

17 Community and the San Carlos Irrigation 

18 and Drainage District, the UV decreed 

19 water rights associated with up to 900 UV 

20 decreed acres; and 

21 (ii) extinguish the balance of the UV 

22 decreed water rights so acquired (except and 

23 only to the extent that those rights are asso24 ciated with a fallowing agreement author25 ized under paragraph (4)(B)). 
132 

•HR 885 RH 

1 (B) SAN CARLOS APACHE SETTLEMENT.— 

2 With respect to water rights acquired by the Sec3 retary pursuant to paragraph (2)(C), the Sec4 retary shall, in accordance with applicable 

5 law— 

6 (i) cause to be severed and transferred 

7 to the San Carlos Irrigation Project, for the 

8 benefit of the Community and the San Car9 los Irrigation and Drainage District, the 

10 UV decreed water rights associated with 200 

11 UV decreed acres; 

12 (ii) cause to be extinguished the UV de13 creed water rights associated with 300 UV 

14 decreed acres; and 

15 (iii) cause to be transferred the balance 

16 of those acquired water rights to the San 

17 Carlos Apache Tribe pursuant to the terms 

18 of the settlement described in paragraph 

19 (2)(C). 

20 (6) MITIGATION.—To the extent the Districts, 

21 after the payments provided by paragraph 

22 (2)(D)(iii), do not comply with the acquisition re23 quirements of paragraph (2) or otherwise comply 

24 with the alternatives to acquisition provided by para25 graph (4), the Districts shall provide mitigation to 
133 

•HR 885 RH 

1 the San Carlos Irrigation Project as provided by the 

2 UVD agreement. 

3 (b) ADDITIONAL REDUCTIONS.— 

4 (1) COOPERATIVE PROGRAM.—In addition to the 

5 reduction of TBI eligible acres to be accomplished 

6 under subsection (a), not later than 1 year after the 

7 enforceability date, the Secretary and the UVD set8 tling parties shall cooperatively establish a program 

9 to purchase and extinguish UV decreed water rights 

10 associated with UV decreed acres that have not been 

11 recently irrigated. 

12 (2) FOCUS.—The primary focus of the program 

13 under paragraph (1) shall be to prevent any land 

14 that contains riparian habitat from being reclaimed 

15 for irrigation. 

16 (3) FUNDS AND RESOURCES.—The program 

17 under this subsection shall not require any expendi18 ture of funds, or commitment of resources, by the 

19 UVD signatories other than such incidental expendi20 tures of funds and commitments of resources as are 

21 required to cooperatively participate in the program. 

22 SEC. 212. NEW MEXICO UNIT OF THE CENTRAL ARIZONA 

23 PROJECT. 

24 (a) REQUIRED APPROVALS.—The Secretary shall not 

25 execute the Gila River agreement pursuant to section 
134 

•HR 885 RH 

1 203(b), and the agreement shall not become effective, unless 

2 and until the New Mexico Consumptive Use and Forbear3 ance Agreement has been executed by all signatory parties 

4 and approved by the State of New Mexico. 

5 (b) NEW MEXICO CONSUMPTIVE USE AND FORBEAR6 ANCE AGREEMENT.— 

7 (1) IN GENERAL.—Except to the extent a provi8 sion of the New Mexico Consumptive Use and For9 bearance Agreement conflicts with a provision of this 

10 title, the New Mexico Consumptive Use and Forbear11 ance Agreement is authorized, ratified, and con12 firmed. To the extent amendments are executed to 

13 make the New Mexico Consumptive Use and Forbear14 ance Agreement consistent with this title, such 

15 amendments are also authorized, ratified, and con16 firmed. 

17 (2) EXECUTION.—To the extent the New Mexico 

18 Consumptive Use and Forbearance Agreement does 

19 not conflict with this title, the Secretary shall execute 

20 the New Mexico Consumptive Use and Forbearance 

21 Agreement, including all exhibits to which the Sec22 retary is a party to the New Mexico Consumptive Use 

23 and Forbearance Agreement and any amendments to 

24 the New Mexico Consumptive Use and Forbearance 

25 necessary to make it consistent with this title. 
135 

•HR 885 RH 

1 (c) NEW MEXICO UNIT AGREEMENT.—The Secretary 

2 is authorized to execute the New Mexico Unit Agreement, 

3 which agreement shall be executed within 1 year of receipt 

4 by the Secretary of written notice from the State of New 

5 Mexico that the State of New Mexico intends to build the 

6 New Mexico Unit, which notice must be received not later 

7 than December 31, 2014. The New Mexico Unit Agreement 

8 shall, among other things, provide that— 

9 (1) all funds from the Lower Colorado River 

10 Basin Development Fund disbursed in accordance 

11 with section 403(f)(2)(D) (i) and (ii) of the Colorado 

12 River Basin Project Act (as amended by section 

13 107(a)) shall be nonreimbursable (and such costs shall 

14 be excluded from the repayment obligation, if any, of 

15 the NM CAP entity under the New Mexico Unit 

16 Agreement); 

17 (2) in determining payment for CAP water 

18 under the New Mexico Unit Agreement, the NM CAP 

19 entity shall be responsible only for its share of oper20 ations, maintenance, and replacement costs (and no 

21 capital costs attendant to other units or portions of 

22 the Central Arizona Project shall be charged to the 

23 NM CAP entity); 

24 (3) upon request by the NM CAP entity, the Sec25 retary shall transfer to the NM CAP entity the re-
136 

•HR 885 RH 

1 sponsibility to design, build, or operate and maintain 

2 the New Mexico Unit, or all or any combination of 

3 those responsibilities, provided that the Secretary 

4 shall not transfer the authority to divert water pursu5 ant to the New Mexico Consumptive Use and Forbear6 ance Agreement, provided further that the Secretary, 

7 shall remain responsible to the parties to the New 

8 Mexico Consumptive Use and Forbearance Agreement 

9 for the NM CAP entity’s compliance with the terms 

10 and conditions of that agreement; 

11 (4) the Secretary shall divert water and other12 wise exercise her rights and authorities pursuant to 

13 the New Mexico Consumptive Use and Forbearance 

14 Agreement solely for the benefit of the NM CAP entity 

15 and for no other purpose; 

16 (5) the NM CAP entity shall own and hold title 

17 to all portions of the New Mexico Unit constructed 

18 pursuant to the New Mexico Unit Agreement; and 

19 (6) the Secretary shall provide a waiver of sov20 ereign immunity for the sole and exclusive purpose of 

21 resolving a dispute in Federal court of any claim, 

22 dispute, or disagreement arising under the New Mex23 ico Unit Agreement. 
137 

•HR 885 RH 

1 (d) AMENDMENT TO SECTION 304.—Section 304(f) of 

2 the Colorado River Basin Project Act (43 U.S.C. 1524(f)) 

3 is amended— 

4 (1) by striking paragraph (1) and inserting the 

5 following: ‘‘(1) In the operation of the Central Ari6 zona Project, the Secretary shall offer to contract with 

7 water users in the State of New Mexico, with the ap8 proval of its Interstate Stream Commission, or with 

9 the State of New Mexico, through its Interstate 

10 Stream Commission, for water from the Gila River, 

11 its tributaries and underground water sources in 

12 amounts that will permit consumptive use of water in 

13 New Mexico of not to exceed an annual average in 

14 any period of 10 consecutive years of 14,000 acre-feet, 

15 including reservoir evaporation, over and above the 

16 consumptive uses provided for by article IV of the de17 cree of the Supreme Court of the United States in Ar18 izona v. California (376 U.S. 340). Such increased 

19 consumptive uses shall continue only so long as deliv20 ery of Colorado River water to downstream Gila 

21 River users in Arizona is being accomplished in ac22 cordance with this Act, in quantities sufficient to re23 place any diminution of their supply resulting from 

24 such diversion from the Gila River, its tributaries 

25 and underground water sources. In determining the 
138 

•HR 885 RH 

1 amount required for this purpose, full consideration 

2 shall be given to any differences in the quality of the 

3 water involved.’’; 

4 (2) by striking paragraph (2); and 

5 (3) by redesignating paragraph (3) as para6 graph (2). 

7 (e) COST LIMITATION.—In determining payment for 

8 CAP water under the New Mexico Consumptive Use and 

9 Forbearance Agreement, the NM CAP entity shall be respon10 sible only for its share of operations, maintenance, and re11 pair costs. No capital costs attendant to other Units or por12 tions of the Central Arizona Project shall be charged to the 

13 NM CAP entity. 

14 (f) EXCLUSION OF COSTS.—For the purpose of deter15 mining the allocation and repayment of costs of the Central 

16 Arizona Project under the CAP Repayment Contract, the 

17 costs associated with the New Mexico Unit and the delivery 

18 of Central Arizona Project water pursuant to the New Mex19 ico Consumptive Use and Forbearance Agreement shall be 

20 nonreimbursable, and such costs shall be excluded from the 

21 Central Arizona Water Conservation District’s repayment 

22 obligation. 

23 (g) NEW MEXICO UNIT CONSTRUCTION AND OPER24 ATIONS.—The Secretary is authorized to design, build, and 

25 operate and maintain the New Mexico Unit. Upon request 
139 

•HR 885 RH 

1 by the State of New Mexico, the Secretary shall transfer 

2 to the NM CAP entity responsibility to design, build, or 

3 operate and maintain the New Mexico Unit, or all or any 

4 combination of those functions. 

5 (h) NATIONAL ENVIRONMENTAL POLICY ACT.— 

6 (1) ENVIRONMENTAL COMPLIANCE.—Upon execu7 tion of the New Mexico Consumptive Use and For8 bearance Agreement and the New Mexico Unit Agree9 ment, the Secretary shall promptly comply with all 

10 aspects of the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.), the Endangered Spe12 cies Act of 1973 (16 U.S.C. 1531 et seq.), and all 

13 other applicable environmental Acts and regulations. 

14 (2) EXECUTION OF THE NEW MEXICO CONSUMP15 TIVE USE AND FORBEARANCE AGREEMENT AND THE

16 NEW MEXICO UNIT AGREEMENT.—Execution of the 

17 New Mexico Consumptive Use and Forbearance 

18 Agreement and the New Mexico Unit Agreement by 

19 the Secretary under this section shall not constitute a 

20 major Federal action under the National Environ21 mental Policy Act (42 U.S.C. 4321 et seq.). The Sec22 retary is directed to carry out all necessary environ23 mental compliance required by Federal law in imple24 menting the New Mexico Consumptive Use and For-
140 

•HR 885 RH 

1 bearance Agreement and the New Mexico Unit Agree2 ment. 

3 (3) LEAD AGENCY.—The Bureau of Reclamation 

4 shall be designated as the lead agency with respect to 

5 environmental compliance. Upon request by the State 

6 of New Mexico to the Secretary, the State of New Mex7 ico shall be designated as joint lead agency with re8 spect to environmental compliance. 

9 (i) NEW MEXICO UNIT FUND.—The Secretary shall de10 posit the amounts made available under paragraph 

11 (2)(D)(i) of section 403(f) of the Colorado River Basin 

12 Project Act (43 U.S.C. 1543(f)) (as amended by section 

13 107(a)) into the New Mexico Unit Fund, a State of New 

14 Mexico Fund established and administered by the New Mex15 ico Interstate Stream Commission. Withdrawals from the 

16 New Mexico Unit Fund shall be for the purpose of paying 

17 costs of the New Mexico Unit or other water utilization al18 ternatives to meet water supply demands in the Southwest 

19 Water Planning Region of New Mexico, as determined by 

20 the New Mexico Interstate Stream Commission in consulta21 tion with the Southwest New Mexico Water Study Group 

22 or its successor, including costs associated with planning 

23 and environmental compliance activities and environ24 mental mitigation and restoration. 
141 

•HR 885 RH 

1 (j) ADDITIONAL FUNDING FOR NEW MEXICO UNIT.— 

2 The Secretary shall pay for an additional portion of the 

3 costs of constructing the New Mexico Unit from funds made 

4 available under paragraph (2)(D)(ii) of section 403(f) of 

5 the Colorado River Basin Project Act (43 U.S.C. 1543(f)) 

6 (as amended by section 107(a)) on a construction schedule 

7 basis, up to a maximum amount under this subparagraph 

8 (j) of $34,000,000, as adjusted to reflect changes since Janu9 ary 1, 2004, in the construction cost indices applicable to 

10 the types of construction involved in construction of the New 

11 Mexico Unit, upon satisfaction of the conditions that— 

12 (1) the State of New Mexico must provide notice 

13 to the Secretary in writing not later than December 

14 31, 2014, that the State of New Mexico intends to 

15 have constructed or developed the New Mexico Unit; 

16 and 

17 (2) the Secretary must have issued in the Federal 

18 Register not later than December 31, 2019, a Record 

19 of Decision approving the project based on an envi20 ronmental analysis required pursuant to applicable 

21 Federal law and on a demonstration that construc22 tion of a project for the New Mexico Unit that would 

23 deliver an average annual safe yield, based on a 50- 

24 year planning period, greater than 10,000 acre feet 

25 per year, would not cost more per acre foot of water 
142 

•HR 885 RH 

1 diverted than a project sized to produce an average 

2 annual safe yield of 10,000 acre feet per year. If New 

3 Mexico exercises all reasonable efforts to obtain the 

4 issuance of such Record of Decision, but the Secretary 

5 is not able to issue such Record of Decision by Decem6 ber 31, 2019, for reasons outside the control of the 

7 State of New Mexico, the Secretary may extend the 

8 deadline for a reasonable period of time, not to extend 

9 beyond December 31, 2030. 

10 (k) RATE OF RETURN EXCEEDING 4 PERCENT.—If the 

11 rate of return on carryover funds held in the Lower Colo12 rado Basin Development Fund on the date that construction 

13 of the New Mexico Unit is initiated exceeds an average effec14 tive annual rate of 4 percent for the period beginning on 

15 the date of enactment of this Act through the date of initi16 ation of construction of the New Mexico Unit, the Secretary 

17 shall pay an additional portion of the costs of the construc18 tion costs associated with the New Mexico Unit, on a con19 struction schedule basis, using funds made available under 

20 paragraph (2)(D)(ii) of section 403(f) of the Colorado River 

21 Basin Project Act (43 U.S.C. 1543(f)) (as amended by sec22 tion 107(a)). The amount of such additional payments shall 

23 be equal to 25 percent of the total return on the carryover 

24 funds earned during the period in question that is in excess 

25 of a return on such funds at an annual average effective 
143 

•HR 885 RH 

1 return of 4 percent, up to a maximum total of not more 

2 than $28,000,000, as adjusted to reflect changes since Janu3 ary 1, 2004, in the construction cost indices applicable to 

4 the types of construction involved in construction of the New 

5 Mexico Unit. 

6 (l) DISCLAIMER.—Nothing in this Act shall affect, 

7 alter, or diminish rights to use of water of the Gila River 

8 within New Mexico, or the authority of the State of New 

9 Mexico to administer such rights for use within the State, 

10 as such rights are quantified by article IV of the decree of 

11 the United States Supreme Court in Arizona v. California 

12 (376 U.S. 340). 

13 (m) PRIORITY OF OTHER EXCHANGES.—The Sec14 retary shall not approve any exchange of Gila River water 

15 for water supplied by the CAP that would amend, alter, 

16 or conflict with the exchanges authorized by section 304(f) 

17 of the Colorado River Basin Project Act (43 U.S.C. 1524(f)). 

18 SEC. 213. MISCELLANEOUS PROVISIONS. 

19 (a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 

20 to the Gila River agreement or signatory to an exhibit exe21 cuted pursuant to section 203(b) or to the New Mexico Con22 sumptive Use and Forbearance Agreement brings an action 

23 in any court of the United States or any State court relat24 ing only and directly to the interpretation or enforcement 

25 of this title or the Gila River agreement (including enforce-
144 

•HR 885 RH 

1 ment of any indemnity provisions contained in the Gila 

2 River agreement) or the New Mexico Consumptive Use and 

3 Forbearance Agreement, and names the United States or 

4 the Community as a party, or if any other landowner or 

5 water user in the Gila River basin in Arizona (except any 

6 party referred to in subparagraph 28.1.4 of the Gila River 

7 agreement) files a lawsuit relating only and directly to the 

8 interpretation or enforcement of subparagraph 6.2, sub9 paragraph 6.3, paragraph 25, subparagraph 26.2, subpara10 graph 26.8, and subparagraph 28.1.3 of the Gila River 

11 agreement, naming the United States or the Community as 

12 a party— 

13 (1) the United States, the Community, or both, 

14 may be joined in any such action; and 

15 (2) any claim by the United States or the Com16 munity to sovereign immunity from the action is 

17 waived, but only for the limited and sole purpose of 

18 such interpretation or enforcement (including any in19 demnity provisions contained in the Gila River agree20 ment). 

21 (b) EFFECT OF ACT.—Nothing in this title quantifies 

22 or otherwise affects the water rights, or claims or entitle23 ments to water, of any Indian tribe, band, or community, 

24 other than the Community. 
145 

•HR 885 RH 

1 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

2 The United States shall not make a claim for reimburse3 ment of costs arising out of the implementation of this title 

4 or the Gila River agreement against any Indian-owned 

5 land within the Reservation, and no assessment shall be 

6 made in regard to those costs against that land. 

7 (d) NO EFFECT ON FUTURE ALLOCATIONS.—Water re8 ceived under a lease or exchange of Community CAP water 

9 under this title shall not affect any future allocation or re10 allocation of CAP water by the Secretary. 

11 (e) COMMUNITY REPAYMENT CONTRACT.—To the ex12 tent it is not in conflict with this Act, the Secretary is di13 rected to and shall execute Amendment No. 1 to the Commu14 nity repayment contract, attached as exhibit 8.1 to the Gila 

15 River agreement, to provide, among other things, that the 

16 costs incurred under that contract shall be nonreimbursable 

17 by the Community. To the extent amendments are executed 

18 to make Amendment No. 1 consistent with this title, such 

19 amendments are also authorized, ratified, and confirmed. 

20 (f) SALT RIVER PROJECT RIGHTS AND CONTRACTS.— 

21 (1) IN GENERAL.—Subject to paragraph (2), the 

22 agreement between the United States and the Salt 

23 River Valley Water Users’ Association dated Sep24 tember 6, 1917, as amended, and the rights of the Salt 

25 River Project to store water from the Salt River and 
146 

•HR 885 RH 

1 Verde River at Roosevelt Dam, Horse Mesa Dam, 

2 Mormon Flat Dam, Stewart Mountain Dam, Horse3 shoe Dam, and Bartlett Dam and to deliver the stored 

4 water to shareholders of the Salt River Project and 

5 others for all beneficial uses and purposes recognized 

6 under State law and to the Community under the 

7 Gila River agreement, are authorized, ratified, and 

8 confirmed. 

9 (2) PRIORITY DATE; QUANTIFICATION.—The pri10 ority date and quantification of rights described in 

11 paragraph (1) shall be determined in an appropriate 

12 proceeding in State court. 

13 (3) CARE, OPERATION, AND MAINTENANCE.—The 

14 Salt River Project shall retain authority and respon15 sibility existing on the date of enactment of this Act 

16 for decisions relating to the care, operation, and 

17 maintenance of the Salt River Project water delivery 

18 system, including the Salt River Project reservoirs on 

19 the Salt River and Verde River, vested in Salt River 

20 Project under the 1917 agreement, as amended, de21 scribed in paragraph (1). 

22 (g) UV IRRIGATION DISTRICTS.— 

23 (1) IN GENERAL.—As partial consideration for 

24 obligations the UV irrigation districts shall be under25 taking, the obligation to comply with the terms and 
147 

•HR 885 RH 

1 conditions of term 5 of exhibit 2.30 (New Mexico Risk 

2 Allocation Terms) to the New Mexico Consumptive 

3 Use and Forbearance Agreement, the Gila Valley Irri4 gation District, in 2010, shall receive funds from the 

5 Secretary in an amount of $15,000,000 (adjusted to 

6 reflect changes since the date of enactment of this Act 

7 in the cost indices applicable to the type of design 

8 and construction involved in the design and construc9 tion of a pipeline at or upstream from the Ft. Thom10 as Diversion Dam to the lands farmed by the San 

11 Carlos Apache Tribe, together with canal connections 

12 upstream from the Ft. Thomas Diversion Dam and 

13 connection devices appropriate to introduce pumped 

14 water into the Pipeline). 

15 (2) RESTRICTION.—The funds to be received by 

16 the Gila Valley Irrigation District shall be used solely 

17 for the purpose of developing programs or con18 structing facilities to assist with mitigating the risks 

19 and costs associated with compliance with the terms 

20 and conditions of term 5 of exhibit 2.30 (New Mexico 

21 Risk Allocation Terms) of the New Mexico Consump22 tive and Forbearance Agreement, and for no other 

23 purpose. 

24 (h) LIMITATION ON LIABILITY OF UNITED STATES.— 
148 

•HR 885 RH 

1 (1) IN GENERAL.—The United States shall have 

2 no trust or other obligation— 

3 (A) to monitor, administer, or account for, 

4 in any manner, any of the funds paid to the 

5 Community by any party to the Gila River 

6 agreement; or 

7 (B) to review or approve the expenditure of 

8 those funds. 

9 (2) INDEMNIFICATION.—The Community shall 

10 indemnify the United States, and hold the United 

11 States harmless, with respect to any and all claims 

12 (including claims for takings or breach of trust) aris13 ing out of the receipt or expenditure of funds de14 scribed in paragraph (1)(A). 

15 (i) BLUE RIDGE PROJECT TRANSFER AUTHORIZA16 TION.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) BLUE RIDGE PROJECT.—The term 

19 ‘‘Blue Ridge Project’’ means the water storage 

20 reservoir known as ‘‘Blue Ridge Reservoir’’ situ21 ated in Coconino and Gila Counties, Arizona, 

22 consisting generally of— 

23 (i) Blue Ridge Dam and all pipelines, 

24 tunnels, buildings, hydroelectric generating 

25 facilities, and other structures of every kind, 
149 

•HR 885 RH 

1 transmission, telephone and fiber optic 

2 lines, pumps, machinery, tools, and appli3 ances; and 

4 (ii) all real or personal property, ap5 purtenant to or used, or constructed or oth6 erwise acquired to be used, in connection 

7 with Blue Ridge Reservoir. 

8 (B) SALT RIVER PROJECT AGRICULTURAL

9 IMPROVEMENT AND POWER DISTRICT.—The term 

10 ‘‘Salt River Project Agricultural Improvement 

11 and Power District’’ means the Salt River 

12 Project Agricultural Improvement and Power 

13 District, a political subdivision of the State of 

14 Arizona. 

15 (2) TRANSFER OF TITLE.—The United States, 

16 acting through the Secretary of the Interior, shall ac17 cept from the Salt River Project Agricultural Im18 provement and Power District the transfer of title to 

19 the Blue Ridge Project. The transfer of title to the 

20 Blue Ridge Project from the Salt River Project Agri21 cultural Improvement and Power District to the 

22 United States shall be without cost to the United 

23 States. The transfer, change of use or change of place 

24 of use of any water rights associated with the Blue 
150 

•HR 885 RH 

1 Ridge Project shall be made in accordance with Ari2 zona law. 

3 (3) USE AND BENEFIT OF SALT RIVER FEDERAL

4 RECLAMATION PROJECT.— 

5 (A) IN GENERAL.—Subject to subparagraph 

6 (B), the United States shall hold title to the Blue 

7 Ridge Project for the exclusive use and benefit of 

8 the Salt River Federal Reclamation Project. 

9 (B) AVAILABILITY OF WATER.—Up to 3,500 

10 acre-feet of water per year may be made avail11 able from Blue Ridge Reservoir for municipal 

12 and domestic uses in Northern Gila County, Ari13 zona, without cost to the Salt River Federal Rec14 lamation Project. 

15 (4) TERMINATION OF JURISDICTION.— 

16 (A) LICENSING AND REGULATORY AUTHOR17 ITY.—Upon the transfer of title of the Blue Ridge 

18 Project to the United States under paragraph 

19 (2), the Federal Energy Regulatory Commission 

20 shall have no further licensing and regulatory 

21 authority over Project Number 2304, the Blue 

22 Ridge Project, located within the State. 

23 (B) ENVIRONMENTAL LAWS.—All other ap24 plicable Federal environmental laws shall con25 tinue to apply to the Blue Ridge Project, includ-
151 

•HR 885 RH 

1 ing the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.) and the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.). 

5 (5) CARE, OPERATION, AND MAINTENANCE.— 

6 Upon the transfer of title of the Blue Ridge Project 

7 to the United States under paragraph (2), the Salt 

8 River Valley Water Users’ Association and the Salt 

9 River Project Agricultural Improvement and Power 

10 District shall be responsible for the care, operation, 

11 and maintenance of the project pursuant to the con12 tract between the United States and the Salt River 

13 Valley Water Users’ Association, dated September 6, 

14 1917, as amended. 

15 (6) C.C. CRAGIN DAM & RESERVOIR.—Upon the 

16 transfer of title of the Blue Ridge Project to the 

17 United States under paragraph (2), Blue Ridge Dam 

18 and Reservoir shall thereafter be known as the ‘‘C.C. 

19 Cragin Dam and Reservoir’’. 

20 (j) EFFECT ON CURRENT LAW; JURISDICTION OF

21 COURTS.—Nothing in this section— 

22 (1) alters law in effect on the day before the date 

23 of enactment of this Act with respect to pre-enforce24 ment review of Federal environmental enforcement ac25 tions; or 
152 

•HR 885 RH 

1 (2) confers jurisdiction on any State court to in2 terpret subparagraphs (D), (E), and (G) of section 

3 207(a)(1) where such jurisdiction does not otherwise 

4 exist. 

5 SEC. 214. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) REHABILITATION OF IRRIGATION WORKS.— 

8 (A) IN GENERAL.—There is authorized to be 

9 appropriated $52,396,000, adjusted to reflect 

10 changes since January 1, 2000, under subpara11 graph (B) for the rehabilitation of irrigation 

12 works under section 203(d)(4). 

13 (B) ADJUSTMENT.—The amount under sub14 paragraph (A) shall be adjusted by such 

15 amounts, if any, as may be required by reason 

16 of changes in construction costs as indicated by 

17 engineering cost indices applicable to the types of 

18 construction required by the rehabilitation. 

19 (2) BUREAU OF RECLAMATION CONSTRUCTION

20 OVERSIGHT.—There are authorized to be appropriated 

21 such sums as are necessary for the Bureau of Rec22 lamation to undertake the oversight of the construc23 tion projects authorized under section 203. 

24 (3) SUBSIDENCE REMEDIATION PROGRAM.— 

25 There are authorized to be appropriated such sums as 
153 

•HR 885 RH 

1 are necessary to carry out the subsidence remediation 

2 program under section 209 (including such sums as 

3 are necessary, not to exceed $4,000,000, to carry out 

4 the subsidence remediation and repair required under 

5 section 209(d)). 

6 (4) WATER RIGHTS REDUCTION.—There are au7 thorized to be appropriated such sums as are nec8 essary to carry out the water rights reduction pro9 gram under section 211. 

10 (5) SAFFORD FACILITY.—There are authorized to 

11 be appropriated such sums as are necessary to— 

12 (A) retire $13,900,000, minus any amounts 

13 appropriated for this purpose, of the debt in14 curred by Safford to pay costs associated with 

15 the construction of the Safford facility as identi16 fied in exhibit 26.1 to the Gila River agreement; 

17 and 

18 (B) pay the interest accrued on that 

19 amount. 

20 (6) ENVIRONMENTAL COMPLIANCE.—There are 

21 authorized to be appropriated— 

22 (A) such sums as are necessary to carry 

23 out— 

24 (i) all necessary environmental compli25 ance activities undertaken by the Secretary 
154 

•HR 885 RH 

1 associated with the Gila River agreement 

2 and this title; 

3 (ii) any mitigation measures adopted 

4 by the Secretary that are the responsibility 

5 of the Community associated with the con6 struction of the diversion and delivery fa7 cilities of the water referred to in section 

8 204 for use on the reservation; and 

9 (iii) no more than 50 percent of the 

10 cost of any mitigation measures adopted by 

11 the Secretary that are the responsibility of 

12 the Community associated with the diver13 sion or delivery of the water referred to in 

14 section 204 for use on the Reservation, other 

15 than any responsibility related to water de16 livered to any other person by lease or ex17 change; and 

18 (B) to carry out the mitigation measures in 

19 the Roosevelt Habitat Conservation Plan, not 

20 more than $10,000,000. 

21 (7) UV IRRIGATION DISTRICTS.—There are au22 thorized to be appropriated such sums as are nec23 essary to pay the Gila Valley Irrigation District an 

24 amount of $15,000,000 (adjusted to reflect changes 

25 since the date of enactment of the Arizona Water Set-
155 

•HR 885 RH 

1 tlements Act of 2004 in the cost indices applicable to 

2 the type of design and construction involved in the 

3 design and construction of a pipeline at or upstream 

4 from the Ft. Thomas Diversion Dam to the lands 

5 farmed by the San Carlos Apache Tribe, together with 

6 canal connections upstream from the Ft. Thomas Di7 version Dam and connection devices appropriate to 

8 introduce pumped water into the Pipeline). 

9 (b) IDENTIFIED COSTS.— 

10 (1) IN GENERAL.—Amounts made available 

11 under subsection (a) shall be considered to be identi12 fied costs for purposes of paragraph (2)(D)(v)(I) of 

13 section 403(f) of the Colorado River Basin Project Act 

14 (43 U.S.C. 1543(f)) (as amended by section 107(a)). 

15 (2) EXCEPTION.—Amounts made available under 

16 subsection (a)(4) to carry out section 211(b) shall not 

17 be considered to be identified costs for purposes of sec18 tion 403(f)(2)(D)(v)(I) of the Colorado River Basin 

19 Project Act (43 U.S.C. 1543(f)(2)(D)(v)(I)) (as 

20 amended by section 107(a)). 

21 SEC. 215. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 

22 If the Secretary does not publish a statement of find23 ings under section 207(c) by December 31, 2007— 

24 (1) except for section 213(i), this title is repealed 

25 effective January 1, 2008, and any action taken by 
156 

•HR 885 RH 

1 the Secretary and any contract entered under any 

2 provision of this title shall be void; 

3 (2) any amounts appropriated under paragraphs 

4 (1) through (7) of section 214(a), together with any 

5 interest on those amounts, shall immediately revert to 

6 the general fund of the Treasury; 

7 (3) any amounts made available under section 

8 214(b) that remain unexpended shall immediately re9 vert to the general fund of the Treasury; and 

10 (4) any amounts paid by the Salt River Project 

11 in accordance with the Gila River agreement shall 

12 immediately be returned to the Salt River Project. 

13 TITLE III—SOUTHERN ARIZONA 

14 WATER RIGHTS SETTLEMENT 

15 SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLE16 MENT. 

17 The Southern Arizona Water Rights Settlement Act of 

18 1982 (96 Stat. 1274) is amended to read as follows: 

19 ‘‘TITLE III—SOUTHERN ARIZONA 

20 WATER RIGHTS SETTLEMENT 

21 ‘‘SEC. 301. SHORT TITLE. 

22 ‘‘This title may be cited as the ‘Southern Arizona 

23 Water Rights Settlement Amendments Act of 2004’. 

24 ‘‘SEC. 302. PURPOSES. 

25 ‘‘The purposes of this title are— 
157 

•HR 885 RH 

1 ‘‘(1) to authorize, ratify, and confirm the agree2 ments referred to in section 309(h); 

3 ‘‘(2) to authorize and direct the Secretary to exe4 cute and perform all obligations of the Secretary 

5 under those agreements; and 

6 ‘‘(3) to authorize the actions and appropriations 

7 necessary for the United States to meet obligations of 

8 the United States under those agreements and this 

9 title. 

10 ‘‘SEC. 303. DEFINITIONS. 

11 ‘‘In this title: 

12 ‘‘(1) ACRE-FOOT.—The term ‘acre-foot’ means 

13 the quantity of water necessary to cover 1 acre of land 

14 to a depth of 1 foot. 

15 ‘‘(2) AFTER-ACQUIRED TRUST LAND.—The term 

16 ‘after-acquired trust land’ means land that— 

17 ‘‘(A) is located— 

18 ‘‘(i) within the State; but 

19 ‘‘(ii) outside the exterior boundaries of 

20 the Nation’s Reservation; and 

21 ‘‘(B) is taken into trust by the United 

22 States for the benefit of the Nation after the en23 forceability date. 

24 ‘‘(3) AGREEMENT OF DECEMBER 11, 1980.—The 

25 term ‘agreement of December 11, 1980’ means the 
158 

•HR 885 RH 

1 contract entered into by the United States and the 

2 Nation on December 11, 1980. 

3 ‘‘(4) AGREEMENT OF OCTOBER 11, 1983.—The 

4 term ‘agreement of October 11, 1983’ means the con5 tract entered into by the United States and the Na6 tion on October 11, 1983. 

7 ‘‘(5) ALLOTTEE.—The term ‘allottee’ means a 

8 person that holds a beneficial real property interest in 

9 an Indian allotment that is— 

10 ‘‘(A) located within the Reservation; and 

11 ‘‘(B) held in trust by the United States. 

12 ‘‘(6) ALLOTTEE CLASS.—The term ‘allottee class’ 

13 means an applicable plaintiff class certified by the 

14 court of jurisdiction in— 

15 ‘‘(A) the Alvarez case; or 

16 ‘‘(B) the Tucson case. 

17 ‘‘(7) ALVAREZ CASE.—The term ‘Alvarez case’ 

18 means the first through third causes of action of the 

19 third amended complaint in Alvarez v. City of Tuc20 son (Civ. No. 93–09039 TUC FRZ (D. Ariz., filed 

21 April 21, 1993)). 

22 ‘‘(8) APPLICABLE LAW.—The term ‘applicable 

23 law’ means any applicable Federal, State, tribal, or 

24 local law. 
159 

•HR 885 RH 

1 ‘‘(9) ASARCO.—The term ‘Asarco’ means Asarco 

2 Incorporated, a New Jersey corporation of that name, 

3 and its subsidiaries operating mining operations in 

4 the State. 

5 ‘‘(10) ASARCO AGREEMENT.—The term ‘Asarco 

6 agreement’ means the agreement by that name at7 tached to the Tohono O’odham settlement agreement 

8 as exhibit 13.1. 

9 ‘‘(11) CAP REPAYMENT CONTRACT.— 

10 ‘‘(A) IN GENERAL.—The term ‘CAP repay11 ment contract’ means the contract dated Decem12 ber 1, 1988 (Contract No. 14–0906–09W–09245, 

13 Amendment No. 1) between the United States 

14 and the Central Arizona Water Conservation 

15 District for the delivery of water and the repay16 ment of costs of the Central Arizona Project. 

17 ‘‘(B) INCLUSIONS.—The term ‘CAP repay18 ment contract’ includes all amendments to and 

19 revisions of that contract. 

20 ‘‘(12) CENTRAL ARIZONA PROJECT.—The term 

21 ‘Central Arizona Project’ means the reclamation 

22 project authorized and constructed by the United 

23 States in accordance with title III of the Colorado 

24 River Basin Project Act (43 U.S.C. 1521 et seq.). 
160 

•HR 885 RH 

1 ‘‘(13) CENTRAL ARIZONA PROJECT LINK PIPE2 LINE.—The term ‘Central Arizona Project link pipe3 line’ means the pipeline extending from the Tucson 

4 Aqueduct of the Central Arizona Project to Station 

5 293+36. 

6 ‘‘(14) CENTRAL ARIZONA PROJECT SERVICE

7 AREA.—The term ‘Central Arizona Project service 

8 area’ means— 

9 ‘‘(A) the geographical area comprised of 

10 Maricopa, Pinal, and Pima Counties, Arizona, 

11 in which the Central Arizona Water Conserva12 tion District delivers Central Arizona Project 

13 water; and 

14 ‘‘(B) any expansion of that area under ap15 plicable law. 

16 ‘‘(15) CENTRAL ARIZONA WATER CONSERVATION

17 DISTRICT.—The term ‘Central Arizona Water Con18 servation District’ means the political subdivision of 

19 the State that is the contractor under the CAP repay20 ment contract. 

21 ‘‘(16) COOPERATIVE FARM.—The term ‘coopera22 tive farm’ means the farm on land served by an irri23 gation system and the extension of the irrigation sys24 tem provided for under paragraphs (1) and (2) of sec25 tion 304(c). 
161 

•HR 885 RH 

1 ‘‘(17) COOPERATIVE FUND.—The term ‘coopera2 tive fund’ means the cooperative fund established by 

3 section 313 of the 1982 Act and reauthorized by sec4 tion 310. 

5 ‘‘(18) DELIVERY AND DISTRIBUTION SYSTEM.— 

6 ‘‘(A) IN GENERAL.—The term ‘delivery and 

7 distribution system’ means— 

8 ‘‘(i) the Central Arizona Project aque9 duct; 

10 ‘‘(ii) the Central Arizona Project link 

11 pipeline; and 

12 ‘‘(iii) the pipelines, canals, aqueducts, 

13 conduits, and other necessary facilities for 

14 the delivery of water under the Central Ari15 zona Project. 

16 ‘‘(B) INCLUSIONS.—The term ‘delivery and 

17 distribution system’ includes pumping facilities, 

18 power plants, and electric power transmission 

19 facilities external to the boundaries of any farm 

20 to which the water is distributed. 

21 ‘‘(19) EASTERN SCHUK TOAK DISTRICT.—The 

22 term ‘eastern Schuk Toak District’ means the portion 

23 of the Schuk Toak District (1 of 11 political subdivi24 sions of the Nation established under the constitution 
162 

•HR 885 RH 

1 of the Nation) that is located within the Tucson man2 agement area. 

3 ‘‘(20) ENFORCEABILITY DATE.—The term ‘en4 forceability date’ means the date on which title III of 

5 the Arizona Water Settlements Act takes effect (as de6 scribed in section 302(b) of the Arizona Water Settle7 ments Act). 

8 ‘‘(21) EXEMPT WELL.—The term ‘exempt well’ 

9 means a water well— 

10 ‘‘(A) the maximum pumping capacity of 

11 which is not more than 35 gallons per minute; 

12 and 

13 ‘‘(B) the water from which is used for— 

14 ‘‘(i) the supply, service, or activities of 

15 households or private residences; 

16 ‘‘(ii) landscaping; 

17 ‘‘(iii) livestock watering; or 

18 ‘‘(iv) the irrigation of not more than 2 

19 acres of land for the production of 1 or 

20 more agricultural or other commodities 

21 for— 

22 ‘‘(I) sale; 

23 ‘‘(II) human consumption; or 

24 ‘‘(III) use as feed for livestock or 

25 poultry. 
163 

•HR 885 RH 

1 ‘‘(22) FEE OWNER OF ALLOTTED LAND.—The 

2 term ‘fee owner of allotted land’ means a person that 

3 holds fee simple title in real property on the Reserva4 tion that, at any time before the date on which the 

5 person acquired fee simple title, was held in trust by 

6 the United States as an Indian allotment. 

7 ‘‘(23) FICO.—The term ‘FICO’ means collec8 tively the Farmers Investment Co., an Arizona cor9 poration of that name, and the Farmers Water Co., 

10 an Arizona corporation of that name. 

11 ‘‘(24) INDIAN TRIBE.—The term ‘Indian tribe’ 

12 has the meaning given the term in section 4 of the In13 dian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 450b). 

15 ‘‘(25) INJURY TO WATER QUALITY.—The term 

16 ‘injury to water quality’ means any contamination, 

17 diminution, or deprivation of water quality under 

18 applicable law. 

19 ‘‘(26) INJURY TO WATER RIGHTS.— 

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

21 water rights’ means an interference with, dimi22 nution of, or deprivation of water rights under 

23 applicable law. 

24 ‘‘(B) INCLUSION.—The term ‘injury to 

25 water rights’ includes a change in the under-
164 

•HR 885 RH 

1 ground water table and any effect of such a 

2 change. 

3 ‘‘(C) EXCLUSION.—The term ‘injury to 

4 water rights’ does not include subsidence damage 

5 or injury to water quality. 

6 ‘‘(27) IRRIGATION SYSTEM.— 

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

8 system’ means canals, laterals, ditches, sprin9 klers, bubblers, and other irrigation works used 

10 to distribute water within the boundaries of a 

11 farm. 

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

13 system’, with respect to the cooperative farm, in14 cludes activities, procedures, works, and devices 

15 for— 

16 ‘‘(i) rehabilitation of fields; 

17 ‘‘(ii) remediation of sinkholes, sinks, 

18 depressions, and fissures; and 

19 ‘‘(iii) stabilization of the banks of the 

20 Santa Cruz River. 

21 ‘‘(28) LOWER COLORADO RIVER BASIN DEVELOP22 MENT FUND.—The term ‘Lower Colorado River Basin 

23 Development Fund’ means the fund established by sec24 tion 403 of the Colorado River Basin Project Act (43 

25 U.S.C. 1543). 
165 

•HR 885 RH 

1 ‘‘(29) M&I PRIORITY WATER.—The term ‘M&I 

2 priority water’ means Central Arizona Project water 

3 that has municipal and industrial priority. 

4 ‘‘(30) NATION.—The term ‘Nation’ means the 

5 Tohono O’odham Nation (formerly known as the 

6 Papago Tribe) organized under a constitution ap7 proved in accordance with section 16 of the Act of 

8 June 18, 1934 (25 U.S.C. 476). 

9 ‘‘(31) NATION’S RESERVATION.—The term ‘Na10 tion’s Reservation’ means all land within the exterior 

11 boundaries of— 

12 ‘‘(A) the Sells Tohono O’odham Reservation 

13 established by the Executive order of February 1, 

14 1917, and the Act of February 21, 1931 (46 Stat. 

15 1202, chapter 267); 

16 ‘‘(B) the San Xavier Reservation established 

17 by the Executive order of July 1, 1874; 

18 ‘‘(C) the Gila Bend Indian Reservation es19 tablished by the Executive order of December 12, 

20 1882, and modified by the Executive order of 

21 June 17, 1909; 

22 ‘‘(D) the Florence Village established by 

23 Public Law 95μ09361 (92 Stat. 595); 

24 ‘‘(E) all land acquired in accordance with 

25 the Gila Bend Indian Reservation Lands Re-
166 

•HR 885 RH 

1 placement Act (100 Stat. 1798), if title to the 

2 land is held in trust by the Secretary for the ben3 efit of the Nation; and 

4 ‘‘(F) all other land to which the United 

5 States holds legal title in trust for the benefit of 

6 the Nation and that is added to the Nation’s 

7 Reservation or granted reservation status in ac8 cordance with applicable Federal law before the 

9 enforceability date. 

10 ‘‘(32) NET IRRIGABLE ACRES.—The term ‘net ir11 rigable acres’ means, with respect to a farm, the acre12 age of the farm that is suitable for agriculture, as de13 termined by the Nation and the Secretary. 

14 ‘‘(33) NIA PRIORITY WATER.—The term ‘NIA 

15 priority water’ means Central Arizona Project water 

16 that has non-Indian agricultural priority. 

17 ‘‘(34) SAN XAVIER ALLOTTEES ASSOCIATION.— 

18 The term ‘San Xavier Allottees Association’ means the 

19 nonprofit corporation established under State law for 

20 the purpose of representing and advocating the inter21 ests of allottees. 

22 ‘‘(35) SAN XAVIER COOPERATIVE ASSOCIATION.— 

23 The term ‘San Xavier Cooperative Association’ means 

24 the entity chartered under the laws of the Nation (or 
167 

•HR 885 RH 

1 a successor of that entity) that is a lessee of land 

2 within the cooperative farm. 

3 ‘‘(36) SAN XAVIER DISTRICT.—The term ‘San 

4 Xavier District’ means the district of that name, 1 of 

5 11 political subdivisions of the Nation established 

6 under the constitution of the Nation. 

7 ‘‘(37) SAN XAVIER DISTRICT COUNCIL.—The term 

8 ‘San Xavier District Council’ means the governing 

9 body of the San Xavier District, as established under 

10 the constitution of the Nation. 

11 ‘‘(38) SAN XAVIER RESERVATION.—The term 

12 ‘San Xavier Reservation’ means the San Xavier In13 dian Reservation established by the Executive order of 

14 July 1, 1874. 

15 ‘‘(39) SCHUK TOAK FARM.—The term ‘Schuk 

16 Toak Farm’ means a farm constructed in the eastern 

17 Schuk Toak District served by the irrigation system 

18 provided for under section 304(c)(4). 

19 ‘‘(40) SECRETARY.—The term ‘Secretary’ means 

20 the Secretary of the Interior. 

21 ‘‘(41) STATE.—The term ‘State’ means the State 

22 of Arizona. 

23 ‘‘(42) SUBJUGATE.—The term ‘subjugate’ means 

24 to prepare land for agricultural use through irriga25 tion. 
168 

•HR 885 RH 

1 ‘‘(43) SUBSIDENCE DAMAGE.—The term ‘subsid2 ence damage’ means injury to land, water, or other 

3 real property resulting from the settling of geologic 

4 strata or cracking in the surface of the earth of any 

5 length or depth, which settling or cracking is caused 

6 by the pumping of water. 

7 ‘‘(44) SURFACE WATER.—The term ‘surface 

8 water’ means all water that is appropriable under 

9 State law. 

10 ‘‘(45) TOHONO O’ODHAM SETTLEMENT AGREE11 MENT.—The term ‘Tohono O’odham settlement agree12 ment’ means the agreement dated April 30, 2003 (in13 cluding all exhibits of and attachments to the agree14 ment). 

15 ‘‘(46) TUCSON CASE.—The term ‘Tucson case’ 

16 means United States et al. v. City of Tucson, et al. 

17 (Civ. No. 75–0939 TUC consol. with Civ. No. 75– 

18 0951 TUC FRZ (D. Ariz., filed February 20, 1975)). 

19 ‘‘(47) TUCSON INTERIM WATER LEASE.—The 

20 term ‘Tucson interim water lease’ means the lease, 

21 and any pre-2004 amendments and extensions of the 

22 lease, approved by the Secretary, between the city of 

23 Tucson, Arizona, and the Nation, dated October 24, 

24 1992. 
169 

•HR 885 RH 

1 ‘‘(48) TUCSON MANAGEMENT AREA.—The term 

2 ‘Tucson management area’ means the area in the 

3 State comprised of— 

4 ‘‘(A) the area— 

5 ‘‘(i) designated as the Tucson Active 

6 Management Area under the Arizona 

7 Groundwater Management Act of 1980 

8 (1980 Ariz. Sess. Laws 1); and 

9 ‘‘(ii) subsequently divided into the 

10 Tucson Active Management Area and the 

11 Santa Cruz Active Management Area (1994 

12 Ariz. Sess. Laws 296); and 

13 ‘‘(B) the portion of the Upper Santa Cruz 

14 Basin that is not located within the area de15 scribed in subparagraph (A)(i). 

16 ‘‘(49) TURNOUT.—The term ‘turnout’ means a 

17 point of water delivery on the Central Arizona Project 

18 aqueduct. 

19 ‘‘(50) UNDERGROUND STORAGE.—The term ‘un20 derground storage’ means storage of water accom21 plished under a project authorized under section 

22 308(e). 

23 ‘‘(51) UNITED STATES AS TRUSTEE.—The term 

24 ‘United States as Trustee’ means the United States, 
170 

•HR 885 RH 

1 acting on behalf of the Nation and allottees, but in no 

2 other capacity. 

3 ‘‘(52) VALUE.—The term ‘value’ means the value 

4 attributed to water based on the greater of— 

5 ‘‘(A) the anticipated or actual use of the 

6 water; or 

7 ‘‘(B) the fair market value of the water. 

8 ‘‘(53) WATER RIGHT.—The term ‘water right’ 

9 means any right in or to groundwater, surface water, 

10 or effluent under applicable law. 

11 ‘‘(54) 1982 ACT.—The term ‘1982 Act’ means the 

12 Southern Arizona Water Rights Settlement Act of 

13 1982 (96 Stat. 1274; 106 Stat. 3256), as in effect on 

14 the day before the enforceability date. 

15 ‘‘SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGA16 TIONS. 

17 ‘‘(a) WATER DELIVERY.—The Secretary shall deliver 

18 annually from the main project works of the Central Ari19 zona Project, a total of 37,800 acre-feet of water suitable 

20 for agricultural use, of which— 

21 ‘‘(1) 27,000 acre-feet shall— 

22 ‘‘(A) be deliverable for use to the San Xa23 vier Reservation; or 

24 ‘‘(B) otherwise be used in accordance with 

25 section 309; and 
171 

•HR 885 RH 

1 ‘‘(2) 10,800 acre-feet shall— 

2 ‘‘(A) be deliverable for use to the eastern 

3 Schuk Toak District; or 

4 ‘‘(B) otherwise be used in accordance with 

5 section 309. 

6 ‘‘(b) DELIVERY AND DISTRIBUTION SYSTEMS.—The 

7 Secretary shall (without cost to the Nation, any allottee, 

8 the San Xavier Cooperative Association, or the San Xavier 

9 Allottees Association), as part of the main project works of 

10 the Central Arizona Project, design, construct, operate, 

11 maintain, and replace the delivery and distribution systems 

12 necessary to deliver the water described in subsection (a). 

13 ‘‘(c) DUTIES OF THE SECRETARY.— 

14 ‘‘(1) COMPLETION OF DELIVERY AND DISTRIBU15 TION SYSTEM AND IMPROVEMENT TO EXISTING IRRI16 GATION SYSTEM.—Except as provided in subsection 

17 (d), not later than 8 years after the enforceability 

18 date, the Secretary shall complete the design and con19 struction of improvements to the irrigation system 

20 that serves the cooperative farm. 

21 ‘‘(2) EXTENSION OF EXISTING IRRIGATION SYS22 TEM WITHIN THE SAN XAVIER RESERVATION.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subsection (d), not later than 8 years after the 

25 enforceability date, in addition to the improve-
172 

•HR 885 RH 

1 ments described in paragraph (1), the Secretary 

2 shall complete the design and construction of the 

3 extension of the irrigation system for the cooper4 ative farm. 

5 ‘‘(B) CAPACITY.—On completion of the ex6 tension, the extended cooperative farm irrigation 

7 system shall serve 2,300 net irrigable acres on 

8 the San Xavier Reservation, unless the Secretary 

9 and the San Xavier Cooperative Association 

10 agree on fewer net irrigable acres. 

11 ‘‘(3) CONSTRUCTION OF NEW FARM.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subsection (d), not later than 8 years after the 

14 enforceability date, the Secretary shall— 

15 ‘‘(i) design and construct within the 

16 San Xavier Reservation such additional ca17 nals, laterals, farm ditches, and irrigation 

18 works as are necessary for the efficient dis19 tribution for agricultural purposes of that 

20 portion of the 27,000 acre-feet annually of 

21 water described in subsection (a)(1) that is 

22 not required for the irrigation systems de23 scribed in paragraphs (1) and (2) of sub24 section (c); or 
173 

•HR 885 RH 

1 ‘‘(ii) in lieu of the actions described in 

2 clause (i), pay to the San Xavier District 

3 $18,300,000 (adjusted as provided in section 

4 317(a)(2)) in full satisfaction of the obliga5 tions of the United States described in 

6 clause (i). 

7 ‘‘(B) ELECTION.— 

8 ‘‘(i) IN GENERAL.—The San Xavier 

9 District Council may make a nonrevocable 

10 election whether to receive the benefits de11 scribed under clause (i) or (ii) of subpara12 graph (A) by notifying the Secretary by not 

13 later than 180 days after the enforceability 

14 date or January 1, 2010, whichever is later, 

15 by written and certified resolution of the 

16 San Xavier District Council. 

17 ‘‘(ii) NO RESOLUTION.—If the Sec18 retary does not receive such a resolution by 

19 the deadline specified in clause (i), the Sec20 retary shall pay $18,300,000 (adjusted as 

21 provided in section 317(a)(2)) to the San 

22 Xavier District in lieu of carrying out the 

23 obligations of the United States under sub24 paragraph (A)(i). 
174 

•HR 885 RH 

1 ‘‘(C) SOURCE OF FUNDS AND TIME OF PAY2 MENT.— 

3 ‘‘(i) IN GENERAL.—Payment of 

4 $18,300,000 (adjusted as provided in section 

5 317(a)(2)) under this paragraph shall be 

6 made by the Secretary from the Lower Colo7 rado River Basin Development Fund— 

8 ‘‘(I) not later than 60 days after 

9 an election described in subparagraph 

10 (B) is made (if such an election is 

11 made), but in no event earlier than the 

12 enforceability date or January 1, 2010, 

13 whichever is later; or 

14 ‘‘(II) not later than 240 days 

15 after the enforceability date or Janu16 ary 1, 2010, whichever is later, if no 

17 timely election is made. 

18 ‘‘(ii) PAYMENT FOR ADDITIONAL

19 STRUCTURES.—Payment of amounts nec20 essary to design and construct such addi21 tional canals, laterals, farm ditches, and ir22 rigation works as are described in subpara23 graph (A)(i) shall be made by the Secretary 

24 from the Lower Colorado River Basin De25 velopment Fund, if an election is made to 
175 

•HR 885 RH 

1 receive the benefits under subparagraph 

2 (A)(i). 

3 ‘‘(4) IRRIGATION AND DELIVERY AND DISTRIBU4 TION SYSTEMS IN THE EASTERN SCHUK TOAK DIS5 TRICT.—Except as provided in subsection (d), not 

6 later than 1 year after the enforceability date, the 

7 Secretary shall complete the design and construction 

8 of an irrigation system and delivery and distribution 

9 system to serve the farm that is constructed in the 

10 eastern Schuk Toak District. 

11 ‘‘(d) EXTENSION OF DEADLINES.— 

12 ‘‘(1) IN GENERAL.—The Secretary may extend a 

13 deadline under subsection (c) if the Secretary deter14 mines that compliance with the deadline is impracti15 cable by reason of— 

16 ‘‘(A) a material breach by a contractor of a 

17 contract that is relevant to carrying out a 

18 project or activity described in subsection (c); 

19 ‘‘(B) the inability of such a contractor, 

20 under such a contract, to carry out the contract 

21 by reason of force majeure, as defined by the Sec22 retary in the contract; 

23 ‘‘(C) unavoidable delay in compliance with 

24 applicable Federal and tribal laws, as deter25 mined by the Secretary, including— 
176 

•HR 885 RH 

1 ‘‘(i) the Endangered Species Act of 

2 1973 (16 U.S.C. 1531 et seq.); and 

3 ‘‘(ii) the National Environmental Pol4 icy Act of 1969 (42 U.S.C. 4321 et seq.); or 

5 ‘‘(D) stoppage in work resulting from the 

6 assessment of a tax or fee that is alleged in any 

7 court of jurisdiction to be confiscatory or dis8 criminatory. 

9 ‘‘(2) NOTICE OF FINDING.—If the Secretary ex10 tends a deadline under paragraph (1), the Secretary 

11 shall— 

12 ‘‘(A) publish a notice of the extension in the 

13 Federal Register; and 

14 ‘‘(B)(i) include in the notice an estimate of 

15 such additional period of time as is necessary to 

16 complete the project or activity that is the subject 

17 of the extension; and 

18 ‘‘(ii) specify a deadline that provides for a 

19 period for completion of the project before the end 

20 of the period described in clause (i). 

21 ‘‘(e) AUTHORITY OF SECRETARY.— 

22 ‘‘(1) IN GENERAL.—In carrying out this title, 

23 after providing reasonable notice to the Nation, the 

24 Secretary, in compliance with all applicable law, 

25 may enter, construct works on, and take such other 
177 

•HR 885 RH 

1 actions as are related to the entry or construction on 

2 land within the San Xavier District and the eastern 

3 Schuk Toak District. 

4 ‘‘(2) EFFECT ON FEDERAL ACTIVITY.—Nothing 

5 in this subsection affects the authority of the United 

6 States, or any Federal officer, agent, employee, or 

7 contractor, to conduct official Federal business or 

8 carry out any Federal duty (including any Federal 

9 business or duty under this title) on land within the 

10 eastern Schuk Toak District or the San Xavier Dis11 trict. 

12 ‘‘(f) USE OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—With respect to any funds 

14 received under subsection (c)(3)(A), the San Xavier 

15 District— 

16 ‘‘(A) shall hold the funds in trust, and in17 vest the funds in interest-bearing deposits and 

18 securities, until expended; 

19 ‘‘(B) may expend the principal of the funds, 

20 and any interest and dividends that accrue on 

21 the principal, only in accordance with a budget 

22 that is— 

23 ‘‘(i) authorized by the San Xavier Dis24 trict Council; and 
178 

•HR 885 RH 

1 ‘‘(ii) approved by resolution of the Leg2 islative Council of the Nation; and 

3 ‘‘(C) shall expend the funds— 

4 ‘‘(i) for any subjugation of land, devel5 opment of water resources, or construction, 

6 operation, maintenance, or replacement of 

7 facilities within the San Xavier Reservation 

8 that is not required to be carried out by the 

9 United States under this title or any other 

10 provision of law; 

11 ‘‘(ii) to provide governmental services, 

12 including— 

13 ‘‘(I) programs for senior citizens; 

14 ‘‘(II) health care services; 

15 ‘‘(III) education; 

16 ‘‘(IV) economic development loans 

17 and assistance; and 

18 ‘‘(V) legal assistance programs; 

19 ‘‘(iii) to provide benefits to allottees; 

20 ‘‘(iv) to pay the costs of activities of 

21 the San Xavier Allottees Association; or 

22 ‘‘(v) to pay any administrative costs 

23 incurred by the Nation or the San Xavier 

24 District in conjunction with any of the ac25 tivities described in clauses (i) through (iv). 
179 

•HR 885 RH 

1 ‘‘(2) NO LIABILITY OF SECRETARY; LIMITA2 TION.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 not— 

5 ‘‘(i) be responsible for any review, ap6 proval, or audit of the use and expenditure 

7 of the funds described in paragraph (1); or 

8 ‘‘(ii) be subject to liability for any 

9 claim or cause of action arising from the 

10 use or expenditure, by the Nation or the 

11 San Xavier District, of those funds. 

12 ‘‘(B) LIMITATION.—No portion of any funds 

13 described in paragraph (1) shall be used for per 

14 capita payments to any individual member of 

15 the Nation or any allottee. 

16 ‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; AL17 TERNATIVE WATER SUPPLIES. 

18 ‘‘(a) DELIVERY OF WATER.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall deliver 

20 water from the main project works of the Central Ari21 zona Project, in such quantities, and in accordance 

22 with such terms and conditions, as are contained in 

23 the agreement of December 11, 1980, the 1982 Act, the 

24 agreement of October 11, 1983, and the Tohono 

25 O’odham settlement agreement (to the extent that the 
180 

•HR 885 RH 

1 settlement agreement does not conflict with this Act), 

2 to 1 or more of— 

3 ‘‘(A) the cooperative farm; 

4 ‘‘(B) the eastern Schuk Toak District; 

5 ‘‘(C) turnouts existing on the enforceability 

6 date; and 

7 ‘‘(D) any other point of delivery on the Cen8 tral Arizona Project main aqueduct that is 

9 agreed to by— 

10 ‘‘(i) the Secretary; 

11 ‘‘(ii) the operator of the Central Ari12 zona Project; and 

13 ‘‘(iii) the Nation. 

14 ‘‘(2) DELIVERY.—The Secretary shall deliver the 

15 water covered by sections 304(a) and 306(a), or an 

16 equivalent quantity of water from a source identified 

17 under subsection (b)(1), notwithstanding— 

18 ‘‘(A) any declaration by the Secretary of a 

19 water shortage on the Colorado River; or 

20 ‘‘(B) any other occurrence affecting water 

21 delivery caused by an act or omission of— 

22 ‘‘(i) the Secretary; 

23 ‘‘(ii) the United States; or 

24 ‘‘(iii) any officer, employee, contractor, 

25 or agent of the Secretary or United States. 
181 

•HR 885 RH 

1 ‘‘(b) ACQUISITION OF LAND AND WATER.— 

2 ‘‘(1) DELIVERY.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), if the Secretary, under the 

5 terms and conditions of the agreements referred 

6 to in subsection (a)(1), is unable, during any 

7 year, to deliver annually from the main project 

8 works of the Central Arizona Project any portion 

9 of the quantity of water covered by sections 

10 304(a) and 306(a), the Secretary shall identify, 

11 acquire and deliver an equivalent quantity of 

12 water from, any appropriate source. 

13 ‘‘(B) EXCEPTION.—The Secretary shall not 

14 acquire any water under subparagraph (A) 

15 through any transaction that would cause deple16 tion of groundwater supplies or aquifers in the 

17 San Xavier District or the eastern Schuk Toak 

18 District. 

19 ‘‘(2) PRIVATE LAND AND INTERESTS.— 

20 ‘‘(A) ACQUISITION.— 

21 ‘‘(i) IN GENERAL.—Subject to subpara22 graph (B), the Secretary may acquire, for 

23 not more than market value, such private 

24 land, or interests in private land, that in25 clude rights in surface or groundwater rec-
182 

•HR 885 RH 

1 ognized under State law, as are necessary 

2 for the acquisition and delivery of water 

3 under this subsection. 

4 ‘‘(ii) COMPLIANCE.—In acquiring 

5 rights in surface water under clause (i), the 

6 Secretary shall comply with all applicable 

7 severance and transfer requirements under 

8 State law. 

9 ‘‘(B) PROHIBITION ON TAKING.—The Sec10 retary shall not acquire any land, water, water 

11 rights, or contract rights under subparagraph 

12 (A) without the consent of the owner of the land, 

13 water, water rights, or contract rights. 

14 ‘‘(C) PRIORITY.—In acquiring any private 

15 land or interest in private land under this para16 graph, the Secretary shall give priority to the ac17 quisition of land on which water has been put to 

18 beneficial use during any 1-year period during 

19 the 5-year period preceding the date of acquisi20 tion of the land by the Secretary. 

21 ‘‘(3) DELIVERIES FROM ACQUIRED LAND.—Deliv22 eries of water from land acquired under paragraph 

23 (2) shall be made only to the extent that the water 

24 may be transported within the Tucson management 

25 area under applicable law. 
183 

•HR 885 RH 

1 ‘‘(4) DELIVERY OF EFFLUENT.— 

2 ‘‘(A) IN GENERAL.—Except on receipt of 

3 prior written consent of the Nation, the Sec4 retary shall not deliver effluent directly to the 

5 Nation under this subsection. 

6 ‘‘(B) NO SEPARATE DELIVERY SYSTEM.— 

7 The Secretary shall not construct a separate de8 livery system to deliver effluent to the San Xa9 vier Reservation or the eastern Schuk Toak Dis10 trict. 

11 ‘‘(C) NO IMPOSITION OF OBLIGATION.— 

12 Nothing in this paragraph imposes any obliga13 tion on the United States to deliver effluent to 

14 the Nation. 

15 ‘‘(c) AGREEMENTS AND CONTRACTS.—To facilitate the 

16 delivery of water to the San Xavier Reservation and the 

17 eastern Schuk Toak District under this title, the Secretary 

18 may enter into a contract or agreement with the State, an 

19 irrigation district or project, or entity— 

20 ‘‘(1) for— 

21 ‘‘(A) the exchange of water; or 

22 ‘‘(B) the use of aqueducts, canals, conduits, 

23 and other facilities (including pumping plants) 

24 for water delivery; or 
184 

•HR 885 RH 

1 ‘‘(2) to use facilities constructed, in whole or in 

2 part, with Federal funds. 

3 ‘‘(d) COMPENSATION AND DISBURSEMENTS.— 

4 ‘‘(1) COMPENSATION.—If the Secretary is unable 

5 to acquire and deliver sufficient quantities of water 

6 under section 304(a), this section, or section 306(a), 

7 the Secretary shall provide compensation in accord8 ance with paragraph (2) in amounts equal to— 

9 ‘‘(A)(i) the value of such quantities of water 

10 as are not acquired and delivered, if the delivery 

11 and distribution system for, and the improve12 ments to, the irrigation system for the coopera13 tive farm have not been completed by the dead14 line required under section 304(c)(1); or 

15 ‘‘(ii) the value of such quantities of water 

16 as— 

17 ‘‘(I) are ordered by the Nation for use 

18 by the San Xavier Cooperative Association 

19 in the irrigation system; but 

20 ‘‘(II) are not delivered in any calendar 

21 year; 

22 ‘‘(B)(i) the value of such quantities of water 

23 as are not acquired and delivered, if the exten24 sion of the irrigation system is not completed by 

25 the deadline required under section 304(c)(2); or 
185 

•HR 885 RH 

1 ‘‘(ii) the value of such quantities of water 

2 as— 

3 ‘‘(I) are ordered by the Nation for use 

4 by the San Xavier Cooperative Association 

5 in the extension to the irrigation system; 

6 but 

7 ‘‘(II) are not delivered in any calendar 

8 year; and 

9 ‘‘(C)(i) the value of such quantities of water 

10 as are not acquired and delivered, if the irriga11 tion system is not completed by the deadline re12 quired under section 304(c)(4); or 

13 ‘‘(ii) except as provided in clause (i), the 

14 value of such quantities of water as— 

15 ‘‘(I) are ordered by the Nation for use 

16 in the irrigation system, or for use by any 

17 person or entity (other than the San Xavier 

18 Cooperative Association); but 

19 ‘‘(II) are not delivered in any calendar 

20 year. 

21 ‘‘(2) DISBURSEMENT.—Any compensation pay22 able under paragraph (1) shall be disbursed— 

23 ‘‘(A) with respect to compensation payable 

24 under subparagraphs (A) and (B) of paragraph 
186 

•HR 885 RH 

1 (1), to the San Xavier Cooperative Association; 

2 and 

3 ‘‘(B) with respect to compensation payable 

4 under paragraph (1)(C), to the Nation for reten5 tion by the Nation or disbursement to water 

6 users, under the provisions of the water code or 

7 other applicable laws of the Nation. 

8 ‘‘(e) NO EFFECT ON WATER RIGHTS.—Nothing in this 

9 section authorizes the Secretary to acquire or otherwise af10 fect the water rights of any Indian tribe. 

11 ‘‘SEC. 306. ADDITIONAL WATER DELIVERY. 

12 ‘‘(a) IN GENERAL.—In addition to the delivery of 

13 water described in section 304(a), the Secretary shall de14 liver annually from the main project works of the Central 

15 Arizona Project, a total of 28,200 acre-feet of NIA priority 

16 water suitable for agricultural use, of which— 

17 ‘‘(1) 23,000 acre-feet shall— 

18 ‘‘(A) be delivered to, and used by, the San 

19 Xavier Reservation; or 

20 ‘‘(B) otherwise be used by the Nation in ac21 cordance with section 309; and 

22 ‘‘(2) 5,200 acre-feet shall— 

23 ‘‘(A) be delivered to, and used by, the east24 ern Schuk Toak District; or 
187 

•HR 885 RH 

1 ‘‘(B) otherwise be used by the Nation in ac2 cordance with section 309. 

3 ‘‘(b) STATE CONTRIBUTION.—To assist the Secretary 

4 in firming water under section 105(b)(1)(A) of the Arizona 

5 Water Settlements Act, the State shall contribute 

6 $3,000,000— 

7 ‘‘(1) in accordance with a schedule that is ac8 ceptable to the Secretary and the State; and 

9 ‘‘(2) in the form of cash or in-kind goods and 

10 services. 

11 ‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIV12 ERY, REVENUE SHARING. 

13 ‘‘(a) CONDITIONS ON ACTIONS OF SECRETARY.—The 

14 Secretary shall carry out section 304(c), subsections (a), (b), 

15 and (d) of section 305, and section 306, only if— 

16 ‘‘(1) the Nation agrees— 

17 ‘‘(A) except as provided in section 308(f)(1), 

18 to limit the quantity of groundwater withdrawn 

19 by nonexempt wells from beneath the San Xavier 

20 Reservation to not more than 10,000 acre-feet; 

21 ‘‘(B) except as provided in section 308(f)(2), 

22 to limit the quantity of groundwater withdrawn 

23 by nonexempt wells from beneath the eastern 

24 Schuk Toak District to not more than 3,200 

25 acre-feet; 
188 

•HR 885 RH 

1 ‘‘(C) to comply with water management 

2 plans established by the Secretary under section 

3 308(d); 

4 ‘‘(D) to consent to the San Xavier District 

5 being deemed a tribal organization (as defined 

6 in section 900.6 of title 25, Code of Federal Reg7 ulations (or any successor regulations)) for pur8 poses identified in subparagraph (E)(iii)(I), as 

9 permitted with respect to tribal organizations 

10 under title I of the Indian Self-Determination 

11 and Education Assistance Act (25 U.S.C. 450 et 

12 seq.); 

13 ‘‘(E) subject to compliance by the Nation 

14 with other applicable provisions of part 900 of 

15 title 25, Code of Federal Regulations (or any 

16 successor regulations), to consent to contracting 

17 by the San Xavier District under section 311(b), 

18 on the conditions that— 

19 ‘‘(i)(I) the plaintiffs in the Alvarez 

20 case and Tucson case have stipulated to the 

21 dismissal, with prejudice, of claims in those 

22 cases; and 

23 ‘‘(II) those cases have been dismissed 

24 with prejudice; 
189 

•HR 885 RH 

1 ‘‘(ii) the San Xavier Cooperative Asso2 ciation has agreed to assume responsibility, 

3 after completion of each of the irrigation 

4 systems described in paragraphs (1), (2), 

5 and (3) of section 304(c) and on the deliv6 ery of water to those systems, for the oper7 ation, maintenance, and replacement of 

8 those systems in accordance with the first 

9 section of the Act of August 1, 1914 (25 

10 U.S.C. 385); and 

11 ‘‘(iii) with respect to the consent of the 

12 Nation to contracting— 

13 ‘‘(I) the consent is limited solely 

14 to contracts for— 

15 ‘‘(aa) the design and con16 struction of the delivery and dis17 tribution system and the rehabili18 tation of the irrigation system for 

19 the cooperative farm; 

20 ‘‘(bb) the extension of the ir21 rigation system for the cooperative 

22 farm; 

23 ‘‘(cc) the subjugation of land 

24 to be served by the extension of the 

25 irrigation system; 
190 

•HR 885 RH 

1 ‘‘(dd) the design and con2 struction of storage facilities sole3 ly for water deliverable for use 

4 within the San Xavier Reserva5 tion; and 

6 ‘‘(ee) the completion by the 

7 Secretary of a water resources 

8 study of the San Xavier Reserva9 tion and subsequent preparation 

10 of a water management plan 

11 under section 308(d); 

12 ‘‘(II) the Nation shall reserve the 

13 right to seek retrocession or reassump14 tion of contracts described in subclause 

15 (I), and recontracting under subpart P 

16 and other applicable provisions of part 

17 900 of title 25, Code of Federal Regula18 tions (or any successor regulations); 

19 ‘‘(III) the Nation, on granting 

20 consent to such contracting, shall be re21 leased from any responsibility, liabil22 ity, claim, or cost from and after the 

23 date on which consent is given, with 

24 respect to past action or inaction by 

25 the Nation, and subsequent action or 
191 

•HR 885 RH 

1 inaction by the San Xavier District, 

2 relating to the design and construction 

3 of irrigation systems for the coopera4 tive farm or the Central Arizona 

5 Project link pipeline; and 

6 ‘‘(IV) the Secretary shall, on the 

7 request of the Nation, execute a waiver 

8 and release to carry out subclause 

9 (III); 

10 ‘‘(F) to subjugate, at no cost to the United 

11 States, the land for which the irrigation systems 

12 under paragraphs (2) and (3) of section 304(c) 

13 will be planned, designed, and constructed by the 

14 Secretary, on the condition that— 

15 ‘‘(i) the obligation of the Nation to sub16 jugate the land in the cooperative farm that 

17 is to be served by the extension of the irriga18 tion system under section 304(c)(2) shall be 

19 determined by the Secretary, in consulta20 tion with the Nation and the San Xavier 

21 Cooperative Association; and 

22 ‘‘(ii) subject to approval by the Sec23 retary of a contract with the San Xavier 

24 District executed under section 311, to per25 form that subjugation, a determination by 
192 

•HR 885 RH 

1 the Secretary of the subjugation costs under 

2 clause (i), and the provision of notice by the 

3 San Xavier District to the Nation at least 

4 180 days before the date on which the San 

5 Xavier District Council certifies by resolu6 tion that the subjugation is scheduled to 

7 commence, the Nation pays to the San Xa8 vier District, not later than 90 days before 

9 the date on which the subjugation is sched10 uled to commence, from the trust fund 

11 under section 315, or from other sources of 

12 funds held by the Nation, the amount deter13 mined by the Secretary under clause (i); 

14 and 

15 ‘‘(G) subject to business lease No. H54–16– 

16 72 dated April 26, 1972, of San Xavier Reserva17 tion land to Asarco and approved by the United 

18 States on Novermber 14, 1972, that the Nation— 

19 ‘‘(i) shall allocate as a first right of 

20 beneficial use by allottees, the San Xavier 

21 District, and other persons within the San 

22 Xavier Reservation— 

23 ‘‘(I) 35,000 acre-feet of the 50,000 

24 acre-feet of water deliverable under sec-
193 

•HR 885 RH 

1 tions 304(a)(1) and 306(a)(1), includ2 ing the use of the allocation— 

3 ‘‘(aa) to fulfill the obligations 

4 prescribed in the Asarco agree5 ment; and 

6 ‘‘(bb) for groundwater stor7 age, maintenance of instream 

8 flows, and maintenance of ripar9 ian vegetation and habitat; 

10 ‘‘(II) the 10,000 acre-feet of 

11 groundwater identified in subsection 

12 (a)(1)(A); 

13 ‘‘(III) the groundwater withdrawn 

14 from exempt wells; 

15 ‘‘(IV) the deferred pumping stor16 age credits authorized by section 

17 308(f)(1)(B); and 

18 ‘‘(V) the storage credits resulting 

19 from a project authorized in section 

20 308(e) that cannot be lawfully trans21 ferred or otherwise disposed of to per22 sons for recovery outside the Nation’s 

23 Reservation; 

24 ‘‘(ii) subject to section 309(b)(2), has 

25 the right— 
194 

•HR 885 RH 

1 ‘‘(I) to use, or authorize other per2 sons or entities to use, any portion of 

3 the allocation of 35,000 acre-feet of 

4 water deliverable under sections 

5 304(a)(1) and 306(a)(1) outside the 

6 San Xavier Reservation for any period 

7 during which there is no identified ac8 tual use of the water within the San 

9 Xavier Reservation; 

10 ‘‘(II) as a first right of use, to use 

11 the remaining acre-feet of water deliv12 erable under sections 304(a)(1) and 

13 306(a)(1) for any purpose and dura14 tion authorized by this title within or 

15 outside the Nation’s Reservation; and 

16 ‘‘(III) subject to section 308(e), as 

17 an exclusive right, to transfer or other18 wise dispose of the storage credits that 

19 may be lawfully transferred or other20 wise disposed of to persons for recovery 

21 outside the Nation’s Reservation; 

22 ‘‘(iii) shall issue permits to persons or 

23 entities for use of the water resources re24 ferred to in clause (i); 
195 

•HR 885 RH 

1 ‘‘(iv) shall, on timely receipt of an 

2 order for water by a permittee under a per3 mit for Central Arizona Project water re4 ferred to in clause (i), submit the order to— 

5 ‘‘(I) the Secretary; or 

6 ‘‘(II) the operating agency for the 

7 Central Arizona Project; 

8 ‘‘(v) shall issue permits for water deliv9 erable under sections 304(a)(2) and 

10 306(a)(2), including quantities of water 

11 reasonably necessary for the irrigation sys12 tem referred to in section 304(c)(3); 

13 ‘‘(vi) shall issue permits for ground14 water that may be withdrawn from non15 exempt wells in the eastern Schuk Toak Dis16 trict; and 

17 ‘‘(vii) shall, on timely receipt of an 

18 order for water by a permittee under a per19 mit for water referred to in clause (v), sub20 mit the order to— 

21 ‘‘(I) the Secretary; or 

22 ‘‘(II) the operating agency for the 

23 Central Arizona Project; and 

24 ‘‘(2) the Alvarez case and Tucson case have been 

25 dismissed with prejudice. 
196 

•HR 885 RH 

1 ‘‘(b) RESPONSIBILITIES ON COMPLETION.—On com2 pletion of an irrigation system or extension of an irrigation 

3 system described in paragraph (1) or (2) of section 304(c), 

4 or in the case of the irrigation system described in section 

5 304(c)(3), if such irrigation system is constructed on indi6 vidual Indian trust allotments, neither the United States 

7 nor the Nation shall be responsible for the operation, main8 tenance, or replacement of the system. 

9 ‘‘(c) PAYMENT OF CHARGES.—The Nation shall not be 

10 responsible for payment of any water service capital charge 

11 for Central Arizona Project water delivered under section 

12 304, subsection (a) or (b) of section 305, or section 306. 

13 ‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STOR14 AGE PROJECTS; STORAGE ACCOUNTS; 

15 GROUNDWATER. 

16 ‘‘(a) WATER RESOURCES.—Water resources described 

17 in clauses (i) and (ii) of section 307(a)(1)(G)— 

18 ‘‘(1) shall be subject to section 7 of the Act of 

19 February 8, 1887 (25 U.S.C. 381); and 

20 ‘‘(2) shall be apportioned pursuant to clauses (i) 

21 and (ii) of section 307(a)(1)(G). 

22 ‘‘(b) WATER CODE.—Subject to this title and any other 

23 applicable law, the Nation shall— 
197 

•HR 885 RH 

1 ‘‘(1) manage, regulate, and control the water re2 sources of the Nation and the water resources granted 

3 or confirmed under this title; 

4 ‘‘(2) establish conditions, limitations, and permit 

5 requirements, and promulgate regulations, relating to 

6 the storage, recovery, and use of surface water and 

7 groundwater within the Nation’s Reservation; 

8 ‘‘(3) enact and maintain— 

9 ‘‘(A) an interim allottee water rights code 

10 that— 

11 ‘‘(i) is consistent with subsection (a); 

12 ‘‘(ii) prescribes the rights of allottees 

13 identified in paragraph (4); and 

14 ‘‘(iii) provides that the interim allottee 

15 water rights code shall be incorporated in 

16 the comprehensive water code referred to in 

17 subparagraph (B); and 

18 ‘‘(B) not later than 3 years after the en19 forceability date, a comprehensive water code ap20 plicable to the water resources granted or con21 firmed under this title; 

22 ‘‘(4) include in each of the water codes enacted 

23 under subparagraphs (A) and (B) of paragraph (3)— 

24 ‘‘(A) an acknowledgement of the rights de25 scribed in subsection (a); 
198 

•HR 885 RH 

1 ‘‘(B) a process by which a just and equi2 table distribution of the water resources referred 

3 to in subsection (a), and any compensation pro4 vided under section 305(d), shall be provided to 

5 allottees; 

6 ‘‘(C) a process by which an allottee may re7 quest and receive a permit for the use of any 

8 water resources referred to in subsection (a), ex9 cept the water resources referred to in section 

10 307(a)(1)(G)(ii)(III) and subject to the Nation’s 

11 first right of use under section 

12 307(a)(1)(G)(ii)(II); 

13 ‘‘(D) provisions for the protection of due 

14 process, including— 

15 ‘‘(i) a fair procedure for consideration 

16 and determination of any request by— 

17 ‘‘(I) a member of the Nation, for 

18 a permit for use of available water re19 sources granted or confirmed by this 

20 title; and 

21 ‘‘(II) an allottee, for a permit for 

22 use of— 

23 ‘‘(aa) the water resources 

24 identified in section 
199 

•HR 885 RH 

1 307(a)(1)(G)(i) that are subject to 

2 a first right of beneficial use; or 

3 ‘‘(bb) subject to the first right 

4 of use of the Nation, available 

5 water resources identified in sec6 tion 307(a)(1)(G)(i)(II); 

7 ‘‘(ii) provisions for— 

8 ‘‘(I) appeals and adjudications of 

9 denied or disputed permits; and 

10 ‘‘(II) resolution of contested ad11 ministrative decisions; and 

12 ‘‘(iii) a waiver by the Nation of the 

13 sovereign immunity of the Nation only with 

14 respect to proceedings described in clause 

15 (ii) for claims of declaratory and injunctive 

16 relief; and 

17 ‘‘(E) a process for satisfying any entitle18 ment to the water resources referred to in section 

19 307(a)(1)(G)(i) for which fee owners of allotted 

20 land have received final determinations under 

21 applicable law; and 

22 ‘‘(5) submit to the Secretary the comprehensive 

23 water code, for approval by the Secretary only of the 

24 provisions of the water code (and any amendments to 
200 

•HR 885 RH 

1 the water code), that implement, with respect to the 

2 allottees, the standards described in paragraph (4). 

3 ‘‘(c) WATER CODE APPROVAL.— 

4 ‘‘(1) IN GENERAL.—On receipt of a comprehen5 sive water code under subsection (b)(5), the Secretary 

6 shall— 

7 ‘‘(A) issue a written approval of the water 

8 code; or 

9 ‘‘(B) provide a written notification to the 

10 Nation that— 

11 ‘‘(i) identifies such provisions of the 

12 water code that do not conform to sub13 section (b) or other applicable Federal law; 

14 and 

15 ‘‘(ii) recommends specific corrective 

16 language for each nonconforming provision. 

17 ‘‘(2) REVISION BY NATION.—If the Secretary 

18 identifies nonconforming provisions in the water code 

19 under paragraph (1)(B)(i), the Nation shall revise the 

20 water code in accordance with the recommendations 

21 of the Secretary under paragraph (1)(B)(ii). 

22 ‘‘(3) INTERIM AUTHORITY.—Until such time as 

23 the Nation revises the water code of the Nation in ac24 cordance with paragraph (2) and the Secretary subse25 quently approves the water code, the Secretary may 
201 

•HR 885 RH 

1 exercise any lawful authority of the Secretary under 

2 section 7 of the Act of February 8, 1887 (25 U.S.C. 

3 381). 

4 ‘‘(4) LIMITATION.—Except as provided in this 

5 subsection, nothing in this title requires the approval 

6 of the Secretary of the water code of the Nation (or 

7 any amendment to that water code). 

8 ‘‘(d) WATER MANAGEMENT PLANS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall establish, 

10 for the San Xavier Reservation and the eastern Schuk 

11 Toak District, water management plans that meet the 

12 requirements described in paragraph (2). 

13 ‘‘(2) REQUIREMENTS.—Water management plans 

14 established under paragraph (1)— 

15 ‘‘(A) shall be developed under contracts exe16 cuted under section 311 between the Secretary 

17 and the San Xavier District for the San 

18 XavierReservation, and between the Secretary 

19 and the Nation for the eastern Schuk Toak Dis20 trict, as applicable, that permit expenditures, ex21 clusive of administrative expenses of the Sec22 retary, of not more than— 

23 ‘‘(i) with respect to a contract between 

24 the Secretary and the San Xavier District, 

25 $891,200; and 
202 

•HR 885 RH 

1 ‘‘(ii) with respect to a contract between 

2 the Secretary and the Nation, $237,200; 

3 ‘‘(B) shall, at a minimum— 

4 ‘‘(i) provide for the measurement of all 

5 groundwater withdrawals, including with6 drawals from each well that is not an ex7 empt well; 

8 ‘‘(ii) provide for— 

9 ‘‘(I) reasonable recordkeeping of 

10 water use, including the quantities of 

11 water stored underground and recov12 ered each calendar year; and 

13 ‘‘(II) a system for the reporting of 

14 withdrawals from each well that is not 

15 an exempt well; 

16 ‘‘(iii) provide for the direct storage and 

17 deferred storage of water, including the im18 plementation of underground storage and 

19 recovery projects, in accordance with this 

20 section; 

21 ‘‘(iv) provide for the annual exchange 

22 of information collected under clauses (i) 

23 through (iii)— 
203 

•HR 885 RH 

1 ‘‘(I) between the Nation and the 

2 Arizona Department of Water Re3 sources; and 

4 ‘‘(II) between the Nation and the 

5 city of Tucson, Arizona; 

6 ‘‘(v) provide for— 

7 ‘‘(I) the efficient use of water; and 

8 ‘‘(II) the prevention of waste; 

9 ‘‘(vi) except on approval of the district 

10 council for a district in which a direct stor11 age project is established under subsection 

12 (e), provide that no direct storage credits 

13 earned as a result of the project shall be re14 covered at any location at which the recov15 ery would adversely affect surface or 

16 groundwater supplies, or lower the water 

17 table at any location, within the district; 

18 and 

19 ‘‘(vii) provide for amendments to the 

20 water plan in accordance with this title; 

21 ‘‘(C) shall authorize the establishment and 

22 maintenance of 1 or more underground storage 

23 and recovery projects in accordance with sub24 section (e), as applicable, within— 

25 ‘‘(i) the San Xavier Reservation; or 
204 

•HR 885 RH 

1 ‘‘(ii) the eastern Schuk Toak District; 

2 and 

3 ‘‘(D) shall be implemented and maintained 

4 by the Nation, with no obligation by the Sec5 retary. 

6 ‘‘(e) UNDERGROUND STORAGE AND RECOVERY

7 PROJECTS.—The Nation is authorized to establish direct 

8 storage and recovery projects in accordance with the Tohono 

9 O’odham settlement agreement. The Secretary shall have no 

10 responsibility to fund or otherwise administer such projects. 

11 ‘‘(f) GROUNDWATER.— 

12 ‘‘(1) SAN XAVIER RESERVATION.— 

13 ‘‘(A) IN GENERAL.—In accordance with sec14 tion 307(a)(1)(A), 10,000 acre-feet of ground15 water may be pumped annually within the San 

16 Xavier Reservation. 

17 ‘‘(B) DEFERRED PUMPING.— 

18 ‘‘(i) IN GENERAL.—Subject to clause 

19 (ii), all or any portion of the 10,000 acre20 feet of water not pumped under subpara21 graph (A) in a year— 

22 ‘‘(I) may be withdrawn in a sub23 sequent year; and 

24 ‘‘(II) if any of that water is with25 drawn, shall be accounted for in ac-
205 

•HR 885 RH 

1 cordance with the Tohono O’odham set2 tlement agreement as a debit to the de3 ferred pumping storage account. 

4 ‘‘(ii) LIMITATION.—The quantity of 

5 water authorized to be recovered as deferred 

6 pumping storage credits under this sub7 paragraph shall not exceed— 

8 ‘‘(I) 50,000 acre-feet for any 10- 

9 year period; or 

10 ‘‘(II) 10,000 acre-feet in any year. 

11 ‘‘(C) RECOVERY OF ADDITIONAL WATER.— 

12 In addition to the quantity of groundwater au13 thorized to be pumped under subparagraphs (A) 

14 and (B), the Nation may annually recover with15 in the San Xavier Reservation all or a portion 

16 of the credits for water stored under a project de17 scribed in subsection (e). 

18 ‘‘(2) EASTERN SCHUK TOAK DISTRICT.— 

19 ‘‘(A) IN GENERAL.—In accordance with sec20 tion 307(a)(1)(B), 3,200 acre-feet of groundwater 

21 may be pumped annually within the eastern 

22 Schuk Toak District. 

23 ‘‘(B) DEFERRED PUMPING.— 

24 ‘‘(i) IN GENERAL.—Subject to clause 

25 (ii), all or any portion of the 3,200 acre-feet 
206 

•HR 885 RH 

1 of water not pumped under subparagraph 

2 (A) in a year— 

3 ‘‘(I) may be withdrawn in a sub4 sequent year; and 

5 ‘‘(II) if any of that water is with6 drawn, shall be accounted for in ac7 cordance with the Tohono O’odham set8 tlement agreement as a debit to the de9 ferred pumping storage account. 

10 ‘‘(ii) LIMITATION.—The quantity of 

11 water authorized to be recovered as deferred 

12 pumping storage credits under this sub13 paragraph shall not exceed— 

14 ‘‘(I) 16,000 acre-feet for any 10- 

15 year period; or 

16 ‘‘(II) 3,200 acre-feet in any year. 

17 ‘‘(C) RECOVERY OF ADDITIONAL WATER.— 

18 In addition to the quantity of groundwater au19 thorized to be pumped under subparagraphs (A) 

20 and (B), the Nation may annually recover with21 in the eastern Schuk Toak District all or a por22 tion of the credits for water stored under a 

23 project described in subsection (e). 

24 ‘‘(3) INABILITY TO RECOVER GROUNDWATER.— 
207 

•HR 885 RH 

1 ‘‘(A) IN GENERAL.—The authorizations to 

2 pump groundwater in paragraphs (1) and (2) 

3 neither warrant nor guarantee that the ground4 water— 

5 ‘‘(i) physically exists; or 

6 ‘‘(ii) is recoverable. 

7 ‘‘(B) CLAIMS.—With respect to groundwater 

8 described in subparagraph (A)— 

9 ‘‘(i) subject to paragraph 8.8 of the 

10 Tohono O’odham settlement agreement, the 

11 inability of any person to pump or recover 

12 that groundwater shall not be the basis for 

13 any claim by the United States or the Na14 tion against any person or entity with15 drawing or using the water from any com16 mon supply; and 

17 ‘‘(ii) the United States and the Nation 

18 shall be barred from asserting any and all 

19 claims for reserved water rights with respect 

20 to that groundwater. 

21 ‘‘(g) EXEMPT WELLS.—Any groundwater pumped 

22 from an exempt well located within the San Xavier Res23 ervation or the eastern Schuk Toak District shall be exempt 

24 from all pumping limitations under this title. 
208 

•HR 885 RH 

1 ‘‘(h) INABILITY OF SECRETARY TO DELIVER

2 WATER.—The Nation is authorized to pump additional 

3 groundwater in any year in which the Secretary is unable 

4 to deliver water required to carry out sections 304(a) and 

5 306(a) in accordance with the Tohono O’odham settlement 

6 agreement. 

7 ‘‘(i) PAYMENT OF COMPENSATION.—Nothing in this 

8 section affects any obligation of the Secretary to pay com9 pensation in accordance with section 305(d). 

10 ‘‘SEC. 309. USES OF WATER. 

11 ‘‘(a) PERMISSIBLE USES.—Subject to other provisions 

12 of this section and other applicable law, the Nation may 

13 devote all water supplies granted or confirmed under this 

14 title, whether delivered by the Secretary or pumped by the 

15 Nation, to any use (including any agricultural, municipal, 

16 domestic, industrial, commercial, mining, underground 

17 storage, instream flow, riparian habitat maintenance, or 

18 recreational use). 

19 ‘‘(b) USE AREA.— 

20 ‘‘(1) USE WITHIN NATION’S RESERVATION.—Sub21 ject to subsection (d), the Nation may use at any loca22 tion within the Nation’s Reservation— 

23 ‘‘(A) the water supplies acquired under sec24 tions 304(a) and 306(a); 

25 ‘‘(B) groundwater supplies; and 
209 

•HR 885 RH 

1 ‘‘(C) storage credits acquired as a result of 

2 projects authorized under section 308(e), or de3 ferred storage credits described in section 308(f), 

4 except to the extent that use of those storage cred5 its causes the withdrawal of groundwater in vio6 lation of applicable Federal law. 

7 ‘‘(2) USE OUTSIDE THE NATION’S RESERVA8 TION.— 

9 ‘‘(A) IN GENERAL.—Water resources grant10 ed or confirmed under this title may be sold, 

11 leased, transferred, or used by the Nation outside 

12 of the Nation’s Reservation only in accordance 

13 with this title. 

14 ‘‘(B) USE WITHIN CERTAIN AREA.—Subject 

15 to subsection (c), the Nation may use the Central 

16 Arizona Project water supplies acquired under 

17 sections 304(a) and 306(a) within the Central 

18 Arizona Project service area. 

19 ‘‘(C) STATE LAW.—With the exception of 

20 Central Arizona Project water and groundwater 

21 withdrawals under the Asarco agreement, the 

22 Nation may sell, lease, transfer, or use any water 

23 supplies and storage credits acquired as a result 

24 of a project authorized under section 308(e) at 

25 any location outside of the Nation’s Reservation, 
210 

•HR 885 RH 

1 but within the State, only in accordance with 

2 State law. 

3 ‘‘(D) LIMITATION.—Deferred pumping stor4 age credits provided for in section 308(f) shall 

5 not be sold, leased, transferred, or used outside 

6 the Nation’s Reservation. 

7 ‘‘(E) PROHIBITION ON USE OUTSIDE THE

8 STATE.—No water acquired under section 304(a) 

9 or 306(a) shall be leased, exchanged, forborne, or 

10 otherwise transferred by the Nation for any di11 rect or indirect use outside the State. 

12 ‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EX13 CHANGES AND LEASES.— 

14 ‘‘(1) IN GENERAL.—With respect to users outside 

15 the Nation’s Reservation, the Nation may, for a term 

16 of not to exceed 100 years, assign, exchange, lease, 

17 provide an option to lease, or otherwise temporarily 

18 dispose of to the users, Central Arizona Project water 

19 to which the Nation is entitled under sections 304(a) 

20 and 306(a) or storage credits acquired under section 

21 308(e), if the assignment, exchange, lease, option, or 

22 temporary disposal is carried out in accordance 

23 with— 

24 ‘‘(A) this subsection; and 

25 ‘‘(B) subsection (b)(2). 
211 

•HR 885 RH 

1 ‘‘(2) LIMITATION ON ALIENATION.—The Nation 

2 shall not permanently alienate any water right under 

3 paragraph (1). 

4 ‘‘(3) AUTHORIZED USES.—The water described 

5 in paragraph (1) shall be delivered within the Central 

6 Arizona Project service area for any use authorized 

7 under applicable law. 

8 ‘‘(4) CONTRACT.—An assignment, exchange, 

9 lease, option, or temporary disposal described in 

10 paragraph (1) shall be executed only in accordance 

11 with a contract that— 

12 ‘‘(A) is accepted by the Nation; 

13 ‘‘(B) is ratified under a resolution of the 

14 Legislative Council of the Nation; 

15 ‘‘(C) is approved by the United States as 

16 Trustee; and 

17 ‘‘(D) with respect to any contract to which 

18 the United States or the Secretary is a party, 

19 provides that an action may be maintained by 

20 the contracting party against the United States 

21 and the Secretary for a breach of the contract by 

22 the United States or Secretary, as appropriate. 

23 ‘‘(5) TERMS EXCEEDING 25 YEARS.—The terms 

24 and conditions established in paragraph 11 of the 

25 Tohono O’odham settlement agreement shall apply to 
212 

•HR 885 RH 

1 any contract under paragraph (4) that has a term of 

2 greater than 25 years. 

3 ‘‘(d) LIMITATIONS ON USE, EXCHANGES, AND

4 LEASES.—The rights of the Nation to use water supplies 

5 under subsection (a), and to assign, exchange, lease, provide 

6 options to lease, or temporarily dispose of the water supplies 

7 under subsection (c), shall be exercised on conditions that 

8 ensure the availability of water supplies to satisfy the first 

9 right of beneficial use under section 307(a)(1)(G)(i). 

10 ‘‘(e) WATER SERVICE CAPITAL CHARGES.—In any 

11 transaction entered into by the Nation and another person 

12 under subsection (c) with respect to Central Arizona Project 

13 water of the Nation, the person shall not be obligated to 

14 pay to the United States or the Central Arizona Water Con15 servation District any water service capital charge. 

16 ‘‘(f) WATER RIGHTS UNAFFECTED BY USE OR NON17 USE.—The failure of the Nation to make use of water pro18 vided under this title, or the use of, or failure to make use 

19 of, that water by any other person that enters into a con20 tract with the Nation under subsection (c) for the assign21 ment, exchange, lease, option for lease, or temporary dis22 posal of water, shall not diminish, reduce, or impair— 

23 ‘‘(1) any water right of the Nation, as estab24 lished under this title or any other applicable law; or 
213 

•HR 885 RH 

1 ‘‘(2) any water use right recognized under this 

2 title, including— 

3 ‘‘(A) the first right of beneficial use referred 

4 to in section 307(a)(1)(G)(i); or 

5 ‘‘(B) the allottee use rights referred to in 

6 section 308(a). 

7 ‘‘(g) AMENDMENT TO AGREEMENT OF DECEMBER 11, 

8 1980.—The Secretary shall amend the agreement of Decem9 ber 11, 1980, to provide that— 

10 ‘‘(1) the contract shall be— 

11 ‘‘(A) for permanent service (within the 

12 meaning of section 5 of the Boulder Canyon 

13 Project Act of 1928 (43 U.S.C. 617d)); and 

14 ‘‘(B) without limit as to term; 

15 ‘‘(2) the Nation may, with the approval of the 

16 Secretary— 

17 ‘‘(A) in accordance with subsection (c), as18 sign, exchange, lease, enter into an option to 

19 lease, or otherwise temporarily dispose of water 

20 to which the Nation is entitled under sections 

21 304(a) and 306(a); and 

22 ‘‘(B) renegotiate any lease at any time dur23 ing the term of the lease if the term of the renego24 tiated lease does not exceed 100 years; 
214 

•HR 885 RH 

1 ‘‘(3)(A) the Nation shall be entitled to all consid2 eration due to the Nation under any leases and any 

3 options to lease or exchanges or options to exchange 

4 the Nation’s Central Arizona Project water entered 

5 into by the Nation; and 

6 ‘‘(B) the United States shall have no trust obli7 gation or other obligation to monitor, administer, or 

8 account for any consideration received by the Nation 

9 under those leases or options to lease and exchanges 

10 or options to exchange; 

11 ‘‘(4)(A) all of the Nation’s Central Arizona 

12 Project water shall be delivered through the Central 

13 Arizona Project aqueduct; and 

14 ‘‘(B) if the delivery capacity of the Central Ari15 zona Project aqueduct is significantly reduced or is 

16 anticipated to be significantly reduced for an ex17 tended period of time, the Nation shall have the same 

18 Central Arizona Project delivery rights as other Cen19 tral Arizona Project contractors and Central Arizona 

20 Project subcontractors, if the Central Arizona Project 

21 contractors or Central Arizona Project subcontractors 

22 are allowed to take delivery of water other than 

23 through the Central Arizona Project aqueduct; 

24 ‘‘(5) the Nation may use the Nation’s Central 

25 Arizona Project water on or off of the Nation’s Res-
215 

•HR 885 RH 

1 ervation for the purposes of the Nation consistent 

2 with this title; 

3 ‘‘(6) as authorized by subparagraph (A) of sec4 tion 403(f)(2) of the Colorado River Basin Project Act 

5 (43 U.S.C. 1543(f)(2)) (as amended by section 

6 107(a)) and to the extent that funds are available in 

7 the Lower Colorado River Basin Development Fund 

8 established by section 403 of that Act (43 U.S.C. 

9 1543), the United States shall pay to the Central Ari10 zona Project operating agency the fixed operation, 

11 maintenance, and replacement charges associated 

12 with the delivery of the Nation’s Central Arizona 

13 Project water, except for the Nation’s Central Arizona 

14 Project water leased by others; 

15 ‘‘(7) the allocated costs associated with the con16 struction of the delivery and distribution system— 

17 ‘‘(A) shall be nonreimbursable; and 

18 ‘‘(B) shall be excluded from any repayment 

19 obligation of the Nation; 

20 ‘‘(8) no water service capital charges shall be due 

21 or payable for the Nation’s Central Arizona Project 

22 water, regardless of whether the Central Arizona 

23 Project water is delivered for use by the Nation or is 

24 delivered pursuant to any leases or options to lease or 
216 

•HR 885 RH 

1 exchanges or options to exchange the Nation’s Central 

2 Arizona Project water entered into by the Nation; 

3 ‘‘(9) the agreement of December 11, 1980, con4 forms with section 104(d) and section 306(a) of the 

5 Arizona Water Settlements Act; and 

6 ‘‘(10) the amendments required by this sub7 section shall not apply to the 8,000 acre feet of Cen8 tral Arizona Project water contracted by the Nation 

9 in the agreement of December 11, 1980, for the Sif 

10 Oidak District. 

11 ‘‘(h) RATIFICATION OF AGREEMENTS.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, each agreement described in para14 graph (2), to the extent that the agreement is not in 

15 conflict with this Act— 

16 ‘‘(A) is authorized, ratified, and confirmed; 

17 and 

18 ‘‘(B) shall be executed by the Secretary. 

19 ‘‘(2) AGREEMENTS.—The agreements described 

20 in this paragraph are— 

21 ‘‘(A) the Tohono O’odham settlement agree22 ment, to the extent that— 

23 ‘‘(i) the Tohono O’odham settlement 

24 agreement is consistent with this title; and 
217 

•HR 885 RH 

1 ‘‘(ii) parties to the Tohono O’odham 

2 settlement agreement other than the Sec3 retary have executed that agreement; 

4 ‘‘(B) the Tucson agreement (attached to the 

5 Tohono O’odham settlement agreement as exhibit 

6 12.1); and 

7 ‘‘(C)(i) the Asarco agreement (attached to 

8 the Tohono O’odham settlement agreement as ex9 hibit 13.1 to the Tohono O’odham settlement 

10 agreement); 

11 ‘‘(ii) lease No. H54–0916–0972, dated April 

12 26, 1972, and approved by the United States on 

13 November 14, 1972; and 

14 ‘‘(iii) any new well site lease as provided 

15 for in the Asarco agreement; and 

16 ‘‘(D) the FICO agreement (attached to the 

17 Tohono O’odham settlement agreement as Ex18 hibit 14.1). 

19 ‘‘(3) RELATION TO OTHER LAW.— 

20 ‘‘(A) ENVIRONMENTAL COMPLIANCE.—In 

21 implementing an agreement described in para22 graph (2), the Secretary shall promptly comply 

23 with all aspects of the National Environmental 

24 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 

25 Endangered Species Act of 1973 (16 U.S.C. 1531 
218 

•HR 885 RH 

1 et seq.), and all other applicable environmental 

2 Acts and regulations. 

3 ‘‘(B) EXECUTION OF AGREEMENT.—Execu4 tion of an agreement described in paragraph (2) 

5 by the Secretary under this section shall not con6 stitute a major Federal action under the Na7 tional Environmental Policy Act (42 U.S.C. 

8 4321 et seq.). The Secretary is directed to carry 

9 out all necessary environmental compliance re10 quired by Federal law in implementing an 

11 agreement described in paragraph (2). 

12 ‘‘(C) LEAD AGENCY.—The Bureau of Rec13 lamation shall be the lead agency with respect to 

14 environmental compliance under the agreements 

15 described in paragraph (2). 

16 ‘‘(i) DISBURSEMENTS FROM TUCSON INTERIM WATER

17 LEASE.—The Secretary shall disburse to the Nation, with18 out condition, all proceeds from the Tucson interim water 

19 lease. 

20 ‘‘(j) USE OF GROSS PROCEEDS.— 

21 ‘‘(1) DEFINITION OF GROSS PROCEEDS.—In this 

22 subsection, the term ‘gross proceeds’ means all pro23 ceeds, without reduction, received by the Nation 

24 from— 

25 ‘‘(A) the Tucson interim water lease; 
219 

•HR 885 RH 

1 ‘‘(B) the Asarco agreement; and 

2 ‘‘(C) any agreement similar to the Asarco 

3 agreement to store Central Arizona Project water 

4 of the Nation, instead of pumping groundwater, 

5 for the purpose of protecting water of the Nation; 

6 provided, however, that gross proceeds shall not 

7 include proceeds from the transfer of Central Ar8 izona Project water in excess of 20,000 acre feet 

9 annually pursuant to any agreement under this 

10 subparagraph or under the Asarco agreement ref11 erenced in subparagraph (B). 

12 ‘‘(2) ENTITLEMENT.—The Nation shall be enti13 tled to receive all gross proceeds. 

14 ‘‘(k) STATUTORY CONSTRUCTION.—Nothing in this 

15 title establishes whether reserved water may be put to use, 

16 or sold for use, off any reservation to which reserved water 

17 rights attach. 

18 ‘‘SEC. 310. COOPERATIVE FUND. 

19 ‘‘(a) REAUTHORIZATION.— 

20 ‘‘(1) IN GENERAL.—Congress reauthorizes, for 

21 use in carrying out this title, the cooperative fund es22 tablished in the Treasury of the United States by sec23 tion 313 of the 1982 Act. 

24 ‘‘(2) AMOUNTS IN COOPERATIVE FUND.—The co25 operative fund shall consist of— 
220 

•HR 885 RH 

1 ‘‘(A)(i) $5,250,000, as appropriated to the 

2 cooperative fund under section 313(b)(3)(A) of 

3 the 1982 Act; and 

4 ‘‘(ii) such amount, not to exceed 

5 $32,000,000, as the Secretary determines, after 

6 providing notice to Congress, is necessary to 

7 carry out this title; 

8 ‘‘(B) any additional Federal funds depos9 ited to the cooperative fund under Federal law; 

10 ‘‘(C) $5,250,000, as deposited in the cooper11 ative fund under section 313(b)(1)(B) of the 

12 1982 Act, of which— 

13 ‘‘(i) $2,750,000 was contributed by the 

14 State; 

15 ‘‘(ii) $1,500,000 was contributed by the 

16 city of Tucson; and 

17 ‘‘(iii) $1,000,000 was contributed by— 

18 ‘‘(I) the Anamax Mining Com19 pany; 

20 ‘‘(II) the Cyprus-Pima Mining 

21 Company; 

22 ‘‘(III) the American Smelting and 

23 Refining Company; 

24 ‘‘(IV) the Duval Corporation; and 
221 

•HR 885 RH 

1 ‘‘(V) the Farmers Investment 

2 Company; 

3 ‘‘(D) all interest accrued on all amounts in 

4 the cooperative fund beginning on October 12, 

5 1982, less any interest expended under subsection 

6 (b)(2); and 

7 ‘‘(E) all revenues received from— 

8 ‘‘(i) the sale or lease of effluent received 

9 by the Secretary under the contract between 

10 the United States and the city of Tucson to 

11 provide for delivery of reclaimed water to 

12 the Secretary, dated October 11, 1983; and 

13 ‘‘(ii) the sale or lease of storage credits 

14 derived from the storage of that effluent. 

15 ‘‘(b) EXPENDITURES FROM FUND.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 upon request by the Secretary, the Secretary of the 

18 Treasury shall transfer from the cooperative fund to 

19 the Secretary such amounts as the Secretary deter20 mines are necessary to carry out obligations of the 

21 Secretary under this title, including to pay— 

22 ‘‘(A) the variable costs relating to the deliv23 ery of water under sections 304 through 306; 

24 ‘‘(B) fixed operation maintenance and re25 placement costs relating to the delivery of water 
222 

•HR 885 RH 

1 under sections 304 through 306, to the extent 

2 that funds are not available from the Lower Col3 orado River Basin Development Fund to pay 

4 those costs; 

5 ‘‘(C) the costs of acquisition and delivery of 

6 water from alternative sources under section 305; 

7 and 

8 ‘‘(D) any compensation provided by the 

9 Secretary under section 305(d). 

10 ‘‘(2) EXPENDITURE OF INTEREST.—Except as 

11 provided in paragraph (3), the Secretary may expend 

12 only interest income accruing to the cooperative fund, 

13 and that interest income may be expended by the Sec14 retary, without further appropriation. 

15 ‘‘(3) EXPENDITURE OF REVENUES.—Revenues 

16 described in subsection (a)(2)(E) shall be available for 

17 expenditure under paragraph (1). 

18 ‘‘(c) INVESTMENT OF AMOUNTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary of the Treas20 ury shall invest such portion of the cooperative fund 

21 as is not, in the judgment of the Secretary of the 

22 Treasury, required to meet current withdrawals deter23 mined by the Secretary. Investments may be made 

24 only in interest-bearing obligations of the United 

25 States. 
223 

•HR 885 RH 

1 ‘‘(2) CREDITS TO COOPERATIVE FUND.—The in2 terest on, and the proceeds from the sale or redemp3 tion of, any obligations held in the cooperative fund 

4 shall be credited to and form a part of the cooperative 

5 fund. 

6 ‘‘(d) TRANSFERS OF AMOUNTS.— 

7 ‘‘(1) IN GENERAL.—The amounts required to be 

8 transferred to the cooperative fund under this section 

9 shall be transferred at least monthly from the general 

10 fund of the Treasury to the cooperative fund on the 

11 basis of estimates made by the Secretary of the Treas12 ury. 

13 ‘‘(2) ADJUSTMENTS.—Proper adjustment shall be 

14 made in amounts subsequently transferred to the ex15 tent prior estimates were in excess of or less than the 

16 amounts required to be transferred. 

17 ‘‘(e) DAMAGES.—Damages arising under this title or 

18 any contract for the delivery of water recognized by this 

19 title shall not exceed, in any given year, the amounts avail20 able for expenditure in that year from the cooperative fund. 

21 ‘‘SEC. 311. CONTRACTING AUTHORITY; WATER QUALITY; 

22 STUDIES; ARID LAND ASSISTANCE. 

23 ‘‘(a) FUNCTIONS OF SECRETARY.—Except as provided 

24 in subsection (f), the functions of the Secretary (or the Com25 missioner of Reclamation, acting on behalf of the Secretary) 
224 

•HR 885 RH 

1 under this title shall be subject to the Indian Self-Deter2 mination and Education Assistance Act (25 U.S.C. 450 et 

3 seq.) to the same extent as if those functions were carried 

4 out by the Assistant Secretary for Indian Affairs. 

5 ‘‘(b) SAN XAVIER DISTRICT AS CONTRACTOR.— 

6 ‘‘(1) IN GENERAL.—Subject to the consent of the 

7 Nation and other requirements under section 

8 307(a)(1)(E), the San Xavier District shall be consid9 ered to be an eligible contractor for purposes of this 

10 title. 

11 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

12 shall provide to the San Xavier District technical as13 sistance in carrying out the contracting requirements 

14 under the Indian Self-Determination and Education 

15 Assistance Act (25 U.S.C. 450 et seq.). 

16 ‘‘(c) GROUNDWATER MONITORING PROGRAMS.— 

17 ‘‘(1) SAN XAVIER INDIAN RESERVATION PRO18 GRAM.— 

19 ‘‘(A) IN GENERAL.—Not later than 180 

20 days after the enforceability date, the Secretary 

21 shall develop and initiate a comprehensive 

22 groundwater monitoring program (including the 

23 drilling of wells and other appropriate actions) 

24 to test, assess, and provide for the long-term 

25 monitoring of the quality of groundwater with-
225 

•HR 885 RH 

1 drawn from exempt wells and other wells within 

2 the San Xavier Reservation. 

3 ‘‘(B) LIMITATION ON EXPENDITURES.—In 

4 carrying out this paragraph, the Secretary shall 

5 expend not more than $215,000. 

6 ‘‘(2) EASTERN SCHUK TOAK DISTRICT PRO7 GRAM.— 

8 ‘‘(A) IN GENERAL.—Not later than 180 

9 days after the enforceability date, the Secretary 

10 shall develop and initiate a comprehensive 

11 groundwater monitoring program (including the 

12 drilling of wells and other appropriate actions) 

13 to test, assess, and provide for the long-term 

14 monitoring of the quality of groundwater with15 drawn from exempt wells and other wells within 

16 the eastern Schuk Toak District. 

17 ‘‘(B) LIMITATION ON EXPENDITURES.—In 

18 carrying out this paragraph, the Secretary shall 

19 expend not more than $175,000. 

20 ‘‘(3) DUTIES OF SECRETARY.— 

21 ‘‘(A) CONSULTATION.—In carrying out 

22 paragraphs (1) and (2), the Secretary shall con23 sult with representatives of— 

24 ‘‘(i) the Nation; 
226 

•HR 885 RH 

1 ‘‘(ii) the San Xavier District and 

2 Schuk Toak District, respectively; and 

3 ‘‘(iii) appropriate State and local enti4 ties. 

5 ‘‘(B) LIMITATION ON OBLIGATIONS OF SEC6 RETARY.—With respect to the groundwater moni7 toring programs described in paragraphs (1) and 

8 (2), the Secretary shall have no continuing obli9 gation relating to those programs beyond the ob10 ligations described in those paragraphs. 

11 ‘‘(d) WATER RESOURCES STUDY.—To assist the Na12 tion in developing sources of water, the Secretary shall con13 duct a study to determine the availability and suitability 

14 of water resources that are located— 

15 ‘‘(1) within the Nation’s Reservation; but 

16 ‘‘(2) outside the Tucson management area. 

17 ‘‘(e) ARID LAND RENEWABLE RESOURCES.—If a Fed18 eral entity is established to provide financial assistance to 

19 carry out arid land renewable resources projects and to en20 courage and ensure investment in the development of domes21 tic sources of arid land renewable resources, the entity 

22 shall— 

23 ‘‘(1) give first priority to the needs of the Nation 

24 in providing that assistance; and 
227 

•HR 885 RH 

1 ‘‘(2) make available to the Nation, San Xavier 

2 District, Schuk Toak District, and San Xavier Coop3 erative Association price guarantees, loans, loan guar4 antees, purchase agreements, and joint venture 

5 projects at a level that the entity determines will— 

6 ‘‘(A) facilitate the cultivation of such min7 imum number of acres as is determined by the 

8 entity to be necessary to ensure economically suc9 cessful cultivation of arid land crops; and 

10 ‘‘(B) contribute significantly to the economy 

11 of the Nation. 

12 ‘‘(f) ASARCO LAND EXCHANGE STUDY.— 

13 ‘‘(1) IN GENERAL.—Not later than 2 years after 

14 the enforceability date, the Secretary, in consultation 

15 with the Nation, the San Xavier District, the San Xa16 vier Allottees’ Association, and Asarco, shall conduct 

17 and submit to Congress a study on the feasibility of 

18 a land exchange or land exchanges with Asarco to 

19 provide land for future use by— 

20 ‘‘(A) beneficial landowners of the Mission 

21 Complex Mining Leases of September 18, 1959; 

22 and 

23 ‘‘(B) beneficial landowners of the Mission 

24 Complex Business Leases of May 12, 1959. 
228 

•HR 885 RH 

1 ‘‘(2) COMPONENTS.—The study under paragraph 

2 (1) shall include— 

3 ‘‘(A) an analysis of the manner in which 

4 land exchanges could be accomplished to main5 tain a contiguous land base for the San Xavier 

6 Reservation; and 

7 ‘‘(B) a description of the legal status ex8 changed land should have to maintain the polit9 ical integrity of the San Xavier Reservation. 

10 ‘‘(3) LIMITATION ON EXPENDITURES.—In car11 rying out this subsection, the Secretary shall expend 

12 not more than $250,000. 

13 ‘‘SEC. 312. WAIVER AND RELEASE OF CLAIMS. 

14 ‘‘(a) WAIVER OF CLAIMS BY THE NATION.—Except as 

15 provided in subsection (d), the Tohono O’odham settlement 

16 agreement shall provide that the Nation waives and re17 leases— 

18 ‘‘(1) any and all past, present, and future claims 

19 for water rights (including claims based on aboriginal 

20 occupancy) arising from time immemorial and, there21 after, forever, and claims for injuries to water rights 

22 arising from time immemorial through the enforce23 ability date, for land within the Tucson management 

24 area, against— 
229 

•HR 885 RH 

1 ‘‘(A) the State (or any agency or political 

2 subdivision of the State); 

3 ‘‘(B) any municipal corporation; and 

4 ‘‘(C) any other person or entity; 

5 ‘‘(2) any and all claims for water rights arising 

6 from time immemorial and, thereafter, forever, claims 

7 for injuries to water rights arising from time imme8 morial through the enforceability date, and claims for 

9 failure to protect, acquire, or develop water rights for 

10 land within the San Xavier Reservation and the east11 ern Schuk Toak District from time immemorial 

12 through the enforceability date, against the United 

13 States (including any agency, officer, and employee of 

14 the United States); 

15 ‘‘(3) any and all claims for injury to water 

16 rights arising after the enforceability date for land 

17 within the San Xavier Reservation and the eastern 

18 Schuk Toak District resulting from the off-Reserva19 tion diversion or use of water in a manner not in 

20 violation of the Tohono O’odham settlement agreement 

21 or State law against— 

22 ‘‘(A) the United States; 

23 ‘‘(B) the State (or any agency or political 

24 subdivision of the State); 

25 ‘‘(C) any municipal corporation; and 
230 

•HR 885 RH 

1 ‘‘(D) any other person or entity; and 

2 ‘‘(4) any and all past, present, and future claims 

3 arising out of or relating to the negotiation or execu4 tion of the Tohono O’odham settlement agreement or 

5 the negotiation or enactment of this title, against— 

6 ‘‘(A) the United States; 

7 ‘‘(B) the State (or any agency or political 

8 subdivision of the State); 

9 ‘‘(C) any municipal corporation; and 

10 ‘‘(D) any other person or entity. 

11 ‘‘(b) WAIVER OF CLAIMS BY THE ALLOTTEE CLASS12 ES.—The Tohono O’odham settlement agreement shall pro13 vide that each allottee class waives and releases— 

14 ‘‘(1) any and all past, present, and future claims 

15 for water rights (including claims based on aboriginal 

16 occupancy) arising from time immemorial and, there17 after, forever, claims for injuries to water rights aris18 ing from time immemorial through the enforceability 

19 date for land within the San Xavier Reservation, 

20 against— 

21 ‘‘(A) the State (or any agency or political 

22 subdivision of the State); 

23 ‘‘(B) any municipal corporation; and 

24 ‘‘(C) any other person or entity (other than 

25 the Nation); 
231 

•HR 885 RH 

1 ‘‘(2) any and all claims for water rights arising 

2 from time immemorial and, thereafter, forever, claims 

3 for injuries to water rights arising from time imme4 morial through the enforceability date, and claims for 

5 failure to protect, acquire, or develop water rights for 

6 land within the San Xavier Reservation from time 

7 immemorial through the enforceability date, against 

8 the United States (including any agency, officer, and 

9 employee of the United States); 

10 ‘‘(3) any and all claims for injury to water 

11 rights arising after the enforceability date for land 

12 within the San Xavier Reservation resulting from the 

13 off-Reservation diversion or use of water in a manner 

14 not in violation of the Tohono O’odham settlement 

15 agreement or State law against— 

16 ‘‘(A) the United States; 

17 ‘‘(B) the State (or any agency or political 

18 subdivision of the State); 

19 ‘‘(C) any municipal corporation; and 

20 ‘‘(D) any other person or entity; 

21 ‘‘(4) any and all past, present, and future claims 

22 arising out of or relating to the negotiation or execu23 tion of the Tohono O’odham settlement agreement or 

24 the negotiation or enactment of this title, against— 

25 ‘‘(A) the United States; 
232 

•HR 885 RH 

1 ‘‘(B) the State (or any agency or political 

2 subdivision of the State); 

3 ‘‘(C) any municipal corporation; and 

4 ‘‘(D) any other person or entity; and 

5 ‘‘(5) any and all past, present, and future claims 

6 for water rights arising from time immemorial and, 

7 thereafter, forever, and claims for injuries to water 

8 rights arising from time immemorial through the en9 forceability date, against the Nation (except that 

10 under section 307(a)(1)(G) and subsections (a) and 

11 (b) of section 308, the allottees and fee owners of allot12 ted land shall retain rights to share in the water re13 sources granted or confirmed under this title and the 

14 Tohono O’odham settlement agreement with respect to 

15 uses within the San Xavier Reservation). 

16 ‘‘(c) WAIVER OF CLAIMS BY THE UNITED STATES.— 

17 Except as provided in subsection (d), the Tohono O’odham 

18 settlement agreement shall provide that the United States 

19 as Trustee waives and releases— 

20 ‘‘(1) any and all past, present, and future claims 

21 for water rights (including claims based on aboriginal 

22 occupancy) arising from time immemorial and, there23 after, forever, and claims for injuries to water rights 

24 arising from time immemorial through the enforce-
233 

•HR 885 RH 

1 ability date, for land within the Tucson management 

2 area against— 

3 ‘‘(A) the Nation; 

4 ‘‘(B) the State (or any agency or political 

5 subdivision of the State); 

6 ‘‘(C) any municipal corporation; and 

7 ‘‘(D) any other person or entity; 

8 ‘‘(2) any and all claims for injury to water 

9 rights arising after the enforceability date for land 

10 within the San Xavier Reservation and the eastern 

11 Schuk Toak District resulting from the off-Reserva12 tion diversion or use of water in a manner not in 

13 violation of the Tohono O’odham settlement agreement 

14 or State law against— 

15 ‘‘(A) the Nation; 

16 ‘‘(B) the State (or any agency or political 

17 subdivision of the State); 

18 ‘‘(C) any municipal corporation; and 

19 ‘‘(D) any other person or entity; 

20 ‘‘(3) on and after the enforceability date, any 

21 and all claims on behalf of the allottees for injuries 

22 to water rights against the Nation (except that under 

23 section 307(a)(1)(G) and subsections (a) and (b) of 

24 section 308, the allottees shall retain rights to share 

25 in the water resources granted or confirmed under 
234 

•HR 885 RH 

1 this title and the Tohono O’odham settlement agree2 ment with respect to uses within the San Xavier Res3 ervation); and 

4 ‘‘(4) claims against Asarco on behalf of the allot5 tee class for the fourth cause of action in Alvarez v. 

6 City of Tucson (Civ. No. 93–039 TUC FRZ (D. Ariz., 

7 filed April 21, 1993)), in accordance with the terms 

8 and conditions of the Asarco agreement. 

9 ‘‘(d) CLAIMS RELATING TO GROUNDWATER PROTEC10 TION PROGRAM.—The Nation and the United States as 

11 Trustee— 

12 ‘‘(1) shall have the right to assert any claims 

13 granted by a State law implementing the ground14 water protection program described in paragraph 8.8 

15 of the Tohono O’odham settlement agreement; and 

16 ‘‘(2) if, after the enforceability date, the State 

17 law is amended so as to have a material adverse effect 

18 on the Nation, shall have a right to relief in the State 

19 court having jurisdiction over Gila River adjudica20 tion proceedings and decrees, against an owner of any 

21 nonexempt well drilled after the effective date of the 

22 amendment (if the well actually and substantially 

23 interferes with groundwater pumping occurring on 

24 the San Xavier Reservation), from the incremental ef25 fect of the groundwater pumping that exceeds that 
235 

•HR 885 RH 

1 which would have been allowable had the State law 

2 not been amended. 

3 ‘‘(e) SUPPLEMENTAL WAIVERS OF CLAIMS.—Any 

4 party to the Tohono O’odham settlement agreement may 

5 waive and release, prohibit the assertion of, or agree not 

6 to assert, any claims (including claims for subsidence dam7 age or injury to water quality) in addition to claims for 

8 water rights and injuries to water rights on such terms and 

9 conditions as may be agreed to by the parties. 

10 ‘‘(f) RIGHTS OF ALLOTTEES; PROHIBITION OF

11 CLAIMS.— 

12 ‘‘(1) IN GENERAL.—As of the enforceability 

13 date— 

14 ‘‘(A) the water rights and other benefits 

15 granted or confirmed by this title and the 

16 Tohono O’odham settlement agreement shall be 

17 in full satisfaction of— 

18 ‘‘(i) all claims for water rights and 

19 claims for injuries to water rights of the 

20 Nation; and 

21 ‘‘(ii) all claims for water rights and 

22 injuries to water rights of the allottees; 

23 ‘‘(B) any entitlement to water within the 

24 Tucson management area of the Nation, or of 

25 any allottee, shall be satisfied out of the water 
236 

•HR 885 RH 

1 resources granted or confirmed under this title 

2 and the Tohono O’odham settlement agreement; 

3 and 

4 ‘‘(C) any rights of the allottees to ground5 water, surface water, or effluent shall be limited 

6 to the water rights granted or confirmed under 

7 this title and the Tohono O’odham settlement 

8 agreement. 

9 ‘‘(2) LIMITATION OF CERTAIN CLAIMS BY

10 ALLOTTEES.—No allottee within the San Xavier Res11 ervation may— 

12 ‘‘(A) assert any past, present, or future 

13 claim for water rights arising from time imme14 morial and, thereafter, forever, or any claim for 

15 injury to water rights (including future injury 

16 to water rights) arising from time immemorial 

17 and thereafter, forever, against— 

18 ‘‘(i) the United States; 

19 ‘‘(ii) the State (or any agency or polit20 ical subdivision of the State); 

21 ‘‘(iii) any municipal corporation; or 

22 ‘‘(iv) any other person or entity; or 

23 ‘‘(B) continue to assert a claim described in 

24 subparagraph (A), if the claim was first asserted 

25 before the enforceability date. 
237 

•HR 885 RH 

1 ‘‘(3) CLAIMS BY FEE OWNERS OF ALLOTTED

2 LAND.— 

3 ‘‘(A) IN GENERAL.—No fee owner of allotted 

4 land within the San Xavier Reservation may as5 sert any claim to the extent that— 

6 ‘‘(i) the claim has been waived and re7 leased in the Tohono O’odham settlement 

8 agreement; and 

9 ‘‘(ii) the fee owner of allotted land as10 serting the claim is a member of the appli11 cable allottee class. 

12 ‘‘(B) OFFSET.—Any benefits awarded to a 

13 fee owner of allotted land as a result of a success14 ful claim shall be offset by benefits received by 

15 that fee owner of allotted land under this title. 

16 ‘‘(4) LIMITATION OF CLAIMS AGAINST THE NA17 TION.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), no allottee may assert against 

20 the Nation any claims for water rights arising 

21 from time immemorial and, thereafter, forever, 

22 claims for injury to water rights arising from 

23 time immemorial and thereafter forever. 

24 ‘‘(B) EXCEPTION.—Under section 

25 307(a)(1)(G) and subsections (a) and (b) of sec-
238 

•HR 885 RH 

1 tion 308, the allottees shall retain rights to share 

2 in the water resources granted or confirmed 

3 under this title and the Tohono O’odham settle4 ment agreement. 

5 ‘‘(g) CONSENT.— 

6 ‘‘(1) GRANT OF CONSENT.—Congress grants to 

7 the Nation and the San Xavier Cooperative Associa8 tion under section 305(d) consent to maintain civil 

9 actions against the United States in the courts of the 

10 United States under section 1346, 1491, or 1505 of 

11 title 28, United States Code, respectively, to recover 

12 damages, if any, for the breach of any obligation of 

13 the Secretary under those sections. 

14 ‘‘(2) REMEDY.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), the exclusive remedy for a civil action 

17 maintained under this subsection shall be mone18 tary damages. 

19 ‘‘(B) OFFSET.—An award for damages for 

20 a claim under this subsection shall be offset 

21 against the amount of funds— 

22 ‘‘(i) made available by any Act of Con23 gress; and 
239 

•HR 885 RH 

1 ‘‘(ii) paid to the claimant by the Sec2 retary in partial or complete satisfaction of 

3 the claim. 

4 ‘‘(3) NO CLAIMS ESTABLISHED.—Except as pro5 vided in paragraph (1), nothing in the subsection es6 tablishes any claim against the United States. 

7 ‘‘(h) JURISDICTION; WAIVER OF IMMUNITY; PAR8 TIES.— 

9 ‘‘(1) JURISDICTION.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subsection (i), the State court having jurisdiction 

12 over Gila River adjudication proceedings and de13 crees, shall have jurisdiction over— 

14 ‘‘(i) civil actions relating to the inter15 pretation and enforcement of— 

16 ‘‘(I) this title; 

17 ‘‘(II) the Tohono O’odham settle18 ment agreement; and 

19 ‘‘(III) agreements referred to in 

20 section 309(h)(2); and 

21 ‘‘(ii) civil actions brought by or 

22 against the allottees or fee owners of allotted 

23 land for the interpretation of, or legal or eq24 uitable remedies with respect to, claims of 

25 the allottees or fee owners of allotted land 
240 

•HR 885 RH 

1 that are not claims for water rights, inju2 ries to water rights or other claims that are 

3 barred or waived and released under this 

4 title or the Tohono O’odham settlement 

5 agreement. 

6 ‘‘(B) LIMITATION.—Except as provided in 

7 subparagraph (A), no State court or court of the 

8 Nation shall have jurisdiction over any civil ac9 tion described in subparagraph (A). 

10 ‘‘(2) WAIVER.— 

11 ‘‘(A) IN GENERAL.—The United States and 

12 the Nation waive sovereign immunity solely for 

13 claims for— 

14 ‘‘(i) declaratory judgment or injunctive 

15 relief in any civil action arising under this 

16 title; and 

17 ‘‘(ii) such claims and remedies as may 

18 be prescribed in any agreement authorized 

19 under this title. 

20 ‘‘(B) LIMITATION ON STANDING.—If a gov21 ernmental entity not described in subparagraph 

22 (A) asserts immunity in any civil action that 

23 arises under this title (unless the entity waives 

24 immunity for declaratory judgment or injunctive 

25 relief) or any agreement authorized under this 
241 

•HR 885 RH 

1 title (unless the entity waives immunity for the 

2 claims and remedies prescribed in the agree3 ment)— 

4 ‘‘(i) the governmental entity shall not 

5 have standing to initiate or assert any 

6 claim, or seek any remedy against the 

7 United States or the Nation, in the civil ac8 tion; and 

9 ‘‘(ii) the waivers of sovereign immu10 nity under subparagraph (A) shall have no 

11 effect in the civil action. 

12 ‘‘(C) MONETARY RELIEF.—A waiver of im13 munity under this paragraph shall not extend to 

14 any claim for damages, costs, attorneys’ fees, or 

15 other monetary relief. 

16 ‘‘(3) NATION AS A PARTY.— 

17 ‘‘(A) IN GENERAL.—Not later than 60 days 

18 before the date on which a civil action under 

19 paragraph (1)(A)(ii) is filed by an allottee or fee 

20 owner of allotted land, the allottee or fee owner, 

21 as the case may be, shall provide to the Nation 

22 a notice of intent to file the civil action, accom23 panied by a request for consultation. 

24 ‘‘(B) JOINDER.—If the Nation is not a 

25 party to a civil action as originally commenced 
242 

•HR 885 RH 

1 under paragraph (1)(A)(ii), the Nation shall be 

2 joined as a party. 

3 ‘‘(i) REGULATION AND JURISDICTION OVER DISPUTE

4 RESOLUTION.— 

5 ‘‘(1) REGULATION.—The Nation shall have juris6 diction to manage, control, permit, administer, and 

7 otherwise regulate the water resources granted or con8 firmed under this title and the Tohono O’odham set9 tlement agreement— 

10 ‘‘(A) with respect to the use of those re11 sources by— 

12 ‘‘(i) the Nation; 

13 ‘‘(ii) individual members of the Na14 tion; 

15 ‘‘(iii) districts of the Nation; and 

16 ‘‘(iv) allottees; and 

17 ‘‘(B) with respect to any entitlement to 

18 those resources for which a fee owner of allotted 

19 land has received a final determination under 

20 applicable law. 

21 ‘‘(2) JURISDICTION.—Subject to a requirement of 

22 exhaustion of any administrative or other remedies 

23 prescribed under the laws of the Nation, jurisdiction 

24 over any disputes relating to the matters described in 
243 

•HR 885 RH 

1 paragraph (1) shall be vested in the courts of the Na2 tion. 

3 ‘‘(3) APPLICABLE LAW.—The regulatory and re4 medial procedures referred to in paragraphs (1) and 

5 (2) shall be subject to all applicable law. 

6 ‘‘(j) FEDERAL JURISDICTION.—The Federal Courts 

7 shall have concurrent jurisdiction over actions described in 

8 subsection 312(h) to the extent otherwise provided in Fed9 eral law. 

10 ‘‘SEC. 313. AFTER-ACQUIRED TRUST LAND. 

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

12 (b)— 

13 ‘‘(1) the Nation may seek to have taken into 

14 trust by the United States, for the benefit of the Na15 tion, legal title to additional land within the State 

16 and outside the exterior boundaries of the Nation’s 

17 Reservation only in accordance with an Act of Con18 gress specifically authorizing the transfer for the ben19 efit of the Nation; 

20 ‘‘(2) lands taken into trust under paragraph (1) 

21 shall include only such water rights and water use 

22 privileges as are consistent with State water law and 

23 State water management policy; and 
244 

•HR 885 RH 

1 ‘‘(3) after-acquired trust land shall not include 

2 Federal reserved rights to surface water or ground3 water. 

4 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

5 land acquired by the Nation under the Gila Bend Indian 

6 Reservation Lands Replacement Act (100 Stat. 1798). 

7 ‘‘SEC. 314. NONREIMBURSABLE COSTS. 

8 ‘‘(a) CENTRAL ARIZONA WATER CONSERVATION DIS9 TRICT.—For the purpose of determining the allocation and 

10 repayment of costs of any stage of the Central Arizona 

11 Project, the costs associated with the delivery of Central Ari12 zona Project water acquired under sections 304(a) and 

13 306(a), whether that water is delivered for use by the Nation 

14 or in accordance with any assignment, exchange, lease, op15 tion to lease, or other agreement for the temporary disposi16 tion of water entered into by the Nation— 

17 ‘‘(1) shall be nonreimbursable; and 

18 ‘‘(2) shall be excluded from the repayment obli19 gation of the Central Arizona Water Conservation 

20 District. 

21 ‘‘(b) CLAIMS BY UNITED STATES.—The United States 

22 shall— 

23 ‘‘(1) make no claim against the Nation or any 

24 allottee for reimbursement or repayment of any cost 

25 associated with— 
245 

•HR 885 RH 

1 ‘‘(A) the construction of facilities under the 

2 Colorado River Basin Project Act (43 U.S.C. 

3 1501 et seq.); 

4 ‘‘(B) the delivery of Central Arizona Project 

5 water for any use authorized under this title; or 

6 ‘‘(C) the implementation of this title; 

7 ‘‘(2) make no claim against the Nation for reim8 bursement or repayment of the costs associated with 

9 the construction of facilities described in paragraph 

10 (1)(A) for the benefit of and use on land that— 

11 ‘‘(A) is known as the ‘San Lucy Farm’; and 

12 ‘‘(B) was acquired by the Nation under the 

13 Gila Bend Indian Reservation Lands Replace14 ment Act (100 Stat. 1798); and 

15 ‘‘(3) impose no assessment with respect to the 

16 costs referred to in paragraphs (1) and (2) against— 

17 ‘‘(A) trust or allotted land within the Na18 tion’s Reservation; or 

19 ‘‘(B) the land described in paragraph (2). 

20 ‘‘SEC. 315. TRUST FUND. 

21 ‘‘(a) REAUTHORIZATION.—Congress reauthorizes the 

22 trust fund established by section 309 of the 1982 Act, con23 taining an initial deposit of $15,000,000 made under that 

24 section, for use in carrying out this title. 
246 

•HR 885 RH 

1 ‘‘(b) EXPENDITURE AND INVESTMENT.—Subject to the 

2 limitations of subsection (d), the principal and all accrued 

3 interest and dividends in the trust fund established under 

4 section 309 of the 1982 Act may be— 

5 ‘‘(1) expended by the Nation for any govern6 mental purpose; and 

7 ‘‘(2) invested by the Nation in accordance with 

8 such policies as the Nation may adopt. 

9 ‘‘(c) RESPONSIBILITY OF SECRETARY.—The Secretary 

10 shall not— 

11 ‘‘(1) be responsible for the review, approval, or 

12 audit of the use and expenditure of any funds from 

13 the trust fund reauthorized by subsection (a); or 

14 ‘‘(2) be subject to liability for any claim or cause 

15 of action arising from the use or expenditure by the 

16 Nation of those funds. 

17 ‘‘(d) CONDITIONS OF TRUST.— 

18 ‘‘(1) RESERVE FOR THE COST OF SUBJUGA19 TION.—The Nation shall reserve in the trust fund re20 authorized by subsection (a)— 

21 ‘‘(A) the principal amount of at least 

22 $3,000,000; and 

23 ‘‘(B) interest on that amount that accrues 

24 during the period beginning on the enforceability 

25 date and ending on the earlier of— 
247 

•HR 885 RH 

1 ‘‘(i) the date on which full payment of 

2 such costs has been made; or 

3 ‘‘(ii) the date that is 10 years after the 

4 enforceability date. 

5 ‘‘(2) PAYMENT.—The costs described in para6 graph (1) shall be paid in the amount, on the terms, 

7 and for the purposes prescribed in section 

8 307(a)(1)(F). 

9 ‘‘(3) LIMITATION ON RESTRICTIONS.—On the oc10 currence of an event described in clause (i) or (ii) of 

11 paragraph (1)(B)— 

12 ‘‘(A) the restrictions imposed on funds from 

13 the trust fund described in paragraph (1) shall 

14 terminate; and 

15 ‘‘(B) any of those funds remaining that 

16 were reserved under paragraph (1) may be used 

17 by the Nation under subsection (b)(1). 

18 ‘‘SEC. 316. MISCELLANEOUS PROVISIONS. 

19 ‘‘(a) IN GENERAL.—Nothing in this title— 

20 ‘‘(1) establishes the applicability or inapplica21 bility to groundwater of any doctrine of Federal re22 served rights; 

23 ‘‘(2) limits the ability of the Nation to enter into 

24 any agreement with the Arizona Water Banking Au-
248 

•HR 885 RH 

1 thority (or a successor agency) in accordance with 

2 State law; 

3 ‘‘(3) prohibits the Nation, any individual mem4 ber of the Nation, an allottee, or a fee owner of allot5 ted land in the San Xavier Reservation from lawfully 

6 acquiring water rights for use in the Tucson manage7 ment area in addition to the water rights granted or 

8 confirmed under this title and the Tohono O’odham 

9 settlement agreement; 

10 ‘‘(4) abrogates any rights or remedies existing 

11 under section 1346 or 1491 of title 28, United States 

12 Code; 

13 ‘‘(5) affects the obligations of the parties under 

14 the Agreement of December 11, 1980, with respect to 

15 the 8,000 acre feet of Central Arizona Project water 

16 contracted by the Nation for the Sif Oidak District; 

17 ‘‘(6)(A) applies to any exempt well; 

18 ‘‘(B) prohibits or limits the drilling of any ex19 empt well within— 

20 ‘‘(i) the San Xavier Reservation; or 

21 ‘‘(ii) the eastern Schuk Toak District; or 

22 ‘‘(C) subjects water from any exempt well to any 

23 pumping limitation under this title; or 

24 ‘‘(7) diminishes or abrogates rights to use water 

25 under— 
249 

•HR 885 RH 

1 ‘‘(A) contracts of the Nation in existence be2 fore the enforceability date; or 

3 ‘‘(B) the well site agreement referred to in 

4 the Asarco agreement and any well site agree5 ment entered into under the Asarco agreement. 

6 ‘‘(b) NO EFFECT ON FUTURE ALLOCATIONS.—Water 

7 received under a lease or exchange of Central Arizona 

8 Project water under this title does not affect any future allo9 cation or reallocation of Central Arizona Project water by 

10 the Secretary. 

11 ‘‘(c) LIMITATION ON LIABILITY OF UNITED STATES.— 

12 ‘‘(1) IN GENERAL.—The United States shall have 

13 no trust or other obligation— 

14 ‘‘(A) to monitor, administer, or account for, 

15 in any manner, any of the funds paid to the Na16 tion or the San Xavier District under this Act; 

17 or 

18 ‘‘(B) to review or approve the expenditure 

19 of those funds. 

20 ‘‘(2) INDEMNIFICATION.—The Nation shall in21 demnify the United States, and hold the United 

22 States harmless, with respect to any and all claims 

23 (including claims for takings or breach of trust) aris24 ing out of the receipt or expenditure of funds de25 scribed in paragraph (1)(A). 
250 

•HR 885 RH 

1 ‘‘SEC. 317. AUTHORIZED COSTS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be appro3 priated— 

4 ‘‘(1) to construct features of irrigation systems 

5 described in paragraphs (1) through (4) of section 

6 304(c) that are not authorized to be constructed under 

7 any other provision of law, an amount equal to the 

8 sum of— 

9 ‘‘(A) $3,500,000; and 

10 ‘‘(B) such additional amount as the Sec11 retary determines to be necessary to adjust the 

12 amount under subparagraph (A) to account for 

13 ordinary fluctuations in the costs of construction 

14 of irrigation features for the period beginning on 

15 October 12, 1982, and ending on the date on 

16 which the construction of the features described 

17 in this subparagraph is initiated, as indicated 

18 by engineering cost indices applicable to the type 

19 of construction involved; 

20 ‘‘(2) $18,300,000 in lieu of construction to im21 plement section 304(c)(3)(B), including an adjust22 ment representing interest that would have been 

23 earned if this amount had been deposited in the coop24 erative fund during the period beginning on January 

25 1, 2008, and ending on the date the amount is actu26 ally paid to the San Xavier District; 
251 

•HR 885 RH 

1 ‘‘(3) $891,200 to develop and initiate a water 

2 management plan for the San Xavier Reservation 

3 under section 308(d); 

4 ‘‘(4) $237,200 to develop and initiate a water 

5 management plan for the eastern Schuk Toak District 

6 under section 308(d); 

7 ‘‘(5) $4,000,000 to complete the water resources 

8 study under section 311(d); 

9 ‘‘(6) $215,000 to develop and initiate a ground10 water monitoring program for the San Xavier Res11 ervation under section 311(c)(1); 

12 ‘‘(7) $175,000 to develop and implement a 

13 groundwater monitoring program for the eastern 

14 Schuk Toak District under section 311(c)(2); 

15 ‘‘(8) $250,000 to complete the Asarco land ex16 change study under section 311(f); and 

17 ‘‘(9) such additional sums as are necessary to 

18 carry out the provisions of this title other than the 

19 provisions referred to in paragraphs (1) through (8). 

20 ‘‘(b) TREATMENT OF APPROPRIATED AMOUNTS.— 

21 Amounts made available under subsection (a) shall be con22 sidered to be authorized costs for purposes of section 

23 403(f)(2)(D)(iii) of the Colorado River Basin Project Act 

24 (43 U.S.C. 1543(f)(2)(D)(iii)) (as amended by section 

25 107(a) of the Arizona Water Settlements Act).’’. 
252 

•HR 885 RH 

1 SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLE2 MENT EFFECTIVE DATE. 

3 (a) DEFINITIONS.—The definitions under section 301 

4 of the Southern Arizona Water Rights Settlement Amend5 ments Act of 2004 (as contained in the amendment made 

6 by section 301) shall apply to this title. 

7 (b) EFFECTIVE DATE.—This title and the amendments 

8 made by this title take effect as of the enforceability date, 

9 which is the date the Secretary publishes in the Federal 

10 Register a statement of findings that— 

11 (1)(A) to the extent that the Tohono O’odham 

12 settlement agreement conflicts with this title or an 

13 amendment made by this title, the Tohono O’odham 

14 settlement agreement has been revised through an 

15 amendment to eliminate those conflicts; and 

16 (B) the Tohono O’odham settlement agreement, 

17 as so revised, has been executed by the parties and the 

18 Secretary; 

19 (2) the Secretary and other parties to the agree20 ments described in section 309(h)(2) of the Southern 

21 Arizona Water Rights Settlement Amendments Act of 

22 2004 (as contained in the amendment made by sec23 tion 301) have executed those agreements; 

24 (3) the Secretary has approved the interim allot25 tee water rights code described in section 308(b)(3)(A) 

26 of the Southern Arizona Water Rights Settlement 
253 

•HR 885 RH 

1 Amendments Act of 2004 (as contained in the amend2 ment made by section 301); 

3 (4) final dismissal with prejudice has been en4 tered in each of the Alvarez case and the Tucson case 

5 on the sole condition that the Secretary publishes the 

6 findings specified in this section; 

7 (5) the judgment and decree attached to the 

8 Tohono O’odham settlement agreement as exhibit 17.1 

9 has been approved by the State court having jurisdic10 tion over the Gila River adjudication proceedings, 

11 and that judgment and decree have become final and 

12 nonappealable; 

13 (6) implementation costs have been identified 

14 and retained in the Lower Colorado River Basin De15 velopment Fund, specifically— 

16 (A) $18,300,000 to implement section 

17 304(c)(3); 

18 (B) $891,200 to implement a water man19 agement plan for the San Xavier Reservation 

20 under section 308(d) of the Southern Arizona 

21 Water Rights Settlement Amendments Act of 

22 2004 (as contained in the amendment made by 

23 section 301); 

24 (C) $237,200 to implement a water man25 agement plan for the eastern Schuk Toak Dis-
254 

•HR 885 RH 

1 trict under section 308(d) of the Southern Ari2 zona Water Rights Settlement Amendments Act 

3 of 2004 (as contained in the amendment made 

4 by section 301); 

5 (D) $4,000,000 to complete the water re6 sources study under section 311(d) of the South7 ern Arizona Water Rights Settlement Amend8 ments Act of 2004 (as contained in the amend9 ment made by section 301); 

10 (E) $215,000 to develop and implement a 

11 groundwater monitoring program for the San 

12 Xavier Reservation under section 311(c)(1) of the 

13 Southern Arizona Water Rights Settlement 

14 Amendments Act of 2004 (as contained in the 

15 amendment made by section 301); 

16 (F) $175,000 to develop and implement a 

17 groundwater monitoring program for the eastern 

18 Schuk Toak District under section 311(c)(2) of 

19 the Southern Arizona Water Rights Settlement 

20 Amendments Act of 2004 (as contained in the 

21 amendment made by section 301); and 

22 (G) $250,000 to complete the Asarco land 

23 exchange study under section 311(f) of the South24 ern Arizona Water Rights Settlement Amend-
255 

•HR 885 RH 

1 ments Act of 2004 (as contained in the amend2 ment made by section 301); 

3 (7) the State has enacted legislation that— 

4 (A) qualifies the Nation to earn long-term 

5 storage credits under the Asarco agreement; 

6 (B) implements the San Xavier ground7 water protection program in accordance with 

8 paragraph 8.8 of the Tohono O’odham settlement 

9 agreement; 

10 (C) enables the State to carry out section 

11 306(b); and 

12 (D) confirms the jurisdiction of the State 

13 court having jurisdiction over Gila River adju14 dication proceedings and decrees to carry out the 

15 provisions of sections 312(d) and 312(h) of the 

16 Southern Arizona Water Rights Settlement 

17 Amendments Act of 2004 (as contained in the 

18 amendment made by section 301); 

19 (8) the Secretary and the State have agreed to 

20 an acceptable firming schedule referred to in section 

21 105(b)(2)(C); and 

22 (9) a final judgment has been entered in Central 

23 Arizona Water Conservation District v. United States 

24 (No. CIV 95–625–TUC–WDB(EHC), No. CIV 95– 

25 1720–PHX–EHC) (Consolidated Action) in accord-
256 

•HR 885 RH 

1 ance with the repayment stipulation as provided in 

2 section 207. 

3 (c) FAILURE TO PUBLISH STATEMENT OF FIND4 INGS.—If the Secretary does not publish a statement of 

5 findings under subsection (a) by December 31, 2007— 

6 (1) the 1982 Act shall remain in full force and 

7 effect; 

8 (2) this title shall not take effect; and 

9 (3) any funds made available by the State under 

10 this title that are not expended, together with any in11 terest on those funds, shall immediately revert to the 

12 State. 

13 TITLE IV—SAN CARLOS APACHE 

14 TRIBE WATER RIGHTS SET15 TLEMENT 

16 SEC. 401. EFFECT OF TITLES I, II, AND III. 

17 None of the provisions of title I, II, or III or the agree18 ments, attachments, exhibits, or stipulations referenced in 

19 those titles shall be construed to— 

20 (1) amend, alter, or limit the authority of— 

21 (A) the United States to assert any claim 

22 against any party, including any claim for 

23 water rights, injury to water rights, or injury to 

24 water quality in its capacity as trustee for the 

25 San Carlos Apache Tribe, its members and 
257 

•HR 885 RH 

1 allottees, or in any other capacity on behalf of 

2 the San Carlos Apache Tribe, its members, and 

3 allottees, in any judicial, administrative, or leg4 islative proceeding; or 

5 (B) the San Carlos Apache Tribe to assert 

6 any claim against any party, including any 

7 claim for water rights, injury to water rights, or 

8 injury to water quality in its own behalf or on 

9 behalf of its members and allottees in any judi10 cial, administrative, or legislative proceeding 

11 consistent with title XXXVII of Public Law 102– 

12 575 (106 Stat. 4600, 4740); or 

13 (2) amend or alter the CAP Contract for the San 

14 Carlos Apache Tribe dated December 11, 1980, as 

15 amended April 29, 1999. 

16 SEC. 402. ANNUAL REPORT. 

17 (a) IN GENERAL.—Not later than 1 year after the date 

18 of enactment of this Act and annually thereafter, the Sec19 retary shall submit to the Committee on Energy and Nat20 ural Resources of the Senate and the Committee on Re21 sources of the House of Representatives a report that de22 scribes the status of efforts to reach a negotiated agreement 

23 covering the Gila River water rights claims of the San Car24 los Apache Tribe. 
258 

•HR 885 RH 

1 (b) TERMINATION.—This section shall be of no effect 

2 after the later of— 

3 (1) the date that is 3 years after the date of en4 actment of this Act; or 

5 (2) the date on which the Secretary submits a 

6 third annual report under this section. 

7 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) SAN CARLOS APACHE TRIBE.—There is authorized 

9 to be appropriated to assist the San Carlos Apache Tribe 

10 in completing comprehensive water resources negotiations 

11 leading to a comprehensive Gila River water settlement for 

12 the Tribe, including soil and water technical analyses, legal, 

13 paralegal, and other related efforts, $150,000 for fiscal year 

14 2006. 

15 (b) WHITE MOUNTAIN APACHE TRIBE.—There is au16 thorized to be appropriated to assist the White Mountain 

17 Apache Tribe in completing comprehensive water resources 

18 negotiations leading to a comprehensive water settlement 

19 for the Tribe, including soil and water technical analyses, 

20 legal, paralegal, and other related efforts, $150,000 for fiscal 

21 year 2006. 

22 (c) OTHER ARIZONA INDIAN TRIBES.—There is au23 thorized to be appropriated to the Secretary to assist Ari24 zona Indian tribes (other than those specified in subsections 

25 (a) and (b)) in completing comprehensive water resources 
259 

•HR 885 RH 

1 negotiations leading to a comprehensive water settlement 

2 for the Arizona Indian tribes, including soil and water tech3 nical analyses, legal, paralegal, and other related efforts, 

4 $300,000 for fiscal year 2006. 

5 (d) NO LIMITATION ON OTHER FUNDING.—Amounts 

6 made available under subsections (a), (b), and (c) shall not 

7 limit, and shall be in addition to, other amounts available 

8 for Arizona tribal water rights negotiations leading to com9 prehensive water settlements. 
Union Calendar No. 483 

108TH CONGRESS 

2D SESSION H. R. 885 

[Report No. 108–793] 

A BILL 

To provide for adjustments to the Central Arizona 

Project in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend the Southern Arizona Water Rights Settlement Act of 1982, and for other purposes. 

NOVEMBER 20, 2004 

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed