I 

108TH CONGRESS 

1ST SESSION H. R. 885

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 

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.

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 

5 ‘‘Arizona Water Settlements Act’’. 

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

7 this Act is as follows:
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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. Findings and 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. Extinguishment 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. Miscellaneous provisions. 

Sec. 213. Authorization of appropriations. 

Sec. 214. Repeal on failure of enforceability date. 

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

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—
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1 (A) is located—

2 (i) within the State; but 

3 (ii) outside the exterior boundaries of 

4 the Reservation; and 

5 (B) is taken into trust by the United 

6 States for the benefit of the Community after 

7 the enforceability date. 

8 (3) AGRICULTURAL PRIORITY WATER.—The 

9 term ‘‘agricultural priority water’’ means Central 

10 Arizona Project non-Indian agricultural priority 

11 water, as defined in the Gila River agreement. 

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

13 person that holds a beneficial real property interest 

14 in an Indian allotment that is—

15 (A) located within the Reservation; and 

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

17 (5) ARIZONA INDIAN TRIBE.—The term ‘‘Ari18 zona Indian tribe’’ means an Indian tribe (as de19 fined in section 4 of the Indian Self-Determination 

20 and Education Assistance Act (25 U.S.C. 450b)) 

21 that is located in the State. 

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

23 Asarco Incorporated, a New Jersey corporation of 

24 that name, and its subsidiaries operating mining op25 erations in the State. 
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1 (7) CAP CONTRACTOR.—The term ‘‘CAP con2 tractor’’ means a person or entity that has entered 

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

4 the repayment stipulation) with the United States 

5 for delivery of water through the CAP system. 

6 (8) CAP OPERATING AGENCY.—The term 

7 ‘‘CAP operating agency’’ means the entity or entities 

8 authorized to assume responsibility for the care, op9 eration, maintenance, and replacement of the CAP 

10 system. 

11 (9) CAP REPAYMENT CONTRACT.—

12 (A) IN GENERAL.—The term ‘‘CAP repay13 ment contract’’ means the contract dated De14 cember 1, 1988 (Contract No. 14–06–W–245, 

15 Amendment No. 1) between the United States 

16 and the Central Arizona Water Conservation 

17 District for the delivery of water and the repay18 ment of costs of the Central Arizona Project. 

19 (B) INCLUSIONS.—The term ‘‘CAP repay20 ment contract’’ includes all amendments to and 

21 revisions of that contract. 

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

23 subcontractor’’ means a person or entity that has 

24 entered into a long-term subcontract (as that term 

25 is used in the repayment stipulation) with the 
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1 United States and the Central Arizona Water Con2 servation District for the delivery of water through 

3 the CAP system. 

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

5 means—

6 (A) the Mark Wilmer Pumping Plant; 

7 (B) the Hayden-Rhodes Aqueduct; 

8 (C) the Fannin-McFarland Aqueduct; 

9 (D) the Tucson Aqueduct; 

10 (E) the pumping plants and appurtenant 

11 works of the Central Arizona Project aqueduct 

12 system that are associated with the features de13 scribed in subparagraphs (A) through (D); and 

14 (F) any extensions of, additions to, or re15 placements for the features described in sub16 paragraphs (A) through (E). 

17 (12) CENTRAL ARIZONA PROJECT.—The term 

18 ‘‘Central Arizona Project’’ means the reclamation 

19 project authorized and constructed by the United 

20 States in accordance with title III of the Colorado 

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

22 (13) CENTRAL ARIZONA WATER CONSERVATION

23 DISTRICT.—The term ‘‘Central Arizona Water Con24 servation District’’ means the political subdivision of 
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1 the State that is the contractor under the CAP re2 payment contract. 

3 (14) CITIES.—The term ‘‘Cities’’ means the cit4 ies of Chandler, Glendale, Goodyear, Mesa, Peoria, 

5 Phoenix, and Scottsdale, Arizona. 

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

7 means the Gila River Indian Community, a govern8 ment composed of members of the Pima Tribe and 

9 the Maricopa Tribe and organized under section 16 

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

11 (16) COMMUNITY CAP WATER.—The term 

12 ‘‘Community CAP water’’ means water to which the 

13 Community is entitled under the water delivery con14 tract. 

15 (17) COMMUNITY REPAYMENT CONTRACT.—

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

17 repayment contract’’ means Contract No. 6–

18 07–03–W0345 between the United States and 

19 the Community dated May 4, 1998, providing 

20 for the construction of water delivery facilities 

21 on the Reservation. 

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

23 repayment contract’’ includes any amendments 

24 to the contract described in subparagraph (A). 
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1 (18) COMMUNITY WATER DELIVERY CON2 TRACT.—

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

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

5 07–30–W0284 between the Community and the 

6 United States dated October 22, 1992. 

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

8 water delivery contract’’ includes any amend9 ments to the contract described in subpara10 graph (A). 

11 (19) CRR PROJECT WORKS.—

12 (A) IN GENERAL.—The term ‘‘CRR 

13 Project works’’ means the portions of the San 

14 Carlos Irrigation Project located on the Res15 ervation. 

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

17 works’’ includes the portion of the San Carlos 

18 Irrigation Project known as the ‘‘Southside 

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

20 Canal connects with the Pima Canal to the 

21 boundary of the Reservation. 

22 (20) DIRECTOR.—The term ‘‘Director’’ 

23 means—

24 (A) the Director of the Arizona Depart25 ment of Water Resources; or 
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1 (B) with respect to an action to be carried 

2 out under this title, a State official or agency 

3 designated by the Governor or the State legisla4 ture. 

5 (21) ENFORCEABILITY DATE.—The term ‘‘en6 forceability date’’ means the date on which the Sec7 retary publishes in the Federal Register the state8 ment of findings described in section 207(d). 

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

10 land, other than off-Reservation trust land, owned 

11 by the Community outside the exterior boundaries of 

12 the Reservation as of December 31, 2002. 

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

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

15 the repayment stipulation. 

16 (24) GILA RIVER ADJUDICATION PRO17 CEEDINGS.—The term ‘‘Gila River adjudication pro18 ceedings’’ means the action pending in the Superior 

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

20 of Maricopa styled ‘‘In Re the General Adjudication 

21 of All Rights To Use Water In The Gila River Sys22 tem and Source’’ W–1 (Salt), W–2 (Verde), W–3 

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

24 (25) GILA RIVER AGREEMENT.—
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1 (A) IN GENERAL.—The term ‘‘Gila River 

2 agreement’’ means the agreement entitled the 

3 ‘‘Gila River Indian Community Water Rights 

4 Settlement Agreement’’, dated July 1, 2002. 

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

6 agreement’’ includes—

7 (i) all exhibits to that agreement; and 

8 (ii) any amendment to that agreement 

9 or to an exhibit to that agreement made or 

10 added pursuant to that agreement. 

11 (26) GLOBE EQUITY DECREE.—

12 (A) IN GENERAL.—The term ‘‘Globe Eq13 uity Decree’’ means the decree dated June 29, 

14 1935, entered in United States of America v. 

15 Gila Valley Irrigation District, Globe Equity 

16 No. 59, et al., by the United States District 

17 Court for the District of Arizona. 

18 (B) INCLUSIONS.—The term ‘‘Globe Eq19 uity Decree’’ includes all court orders and deci20 sions supplemental to that decree. 

21 (27) HAGGARD DECREE.—

22 (A) IN GENERAL.—The term ‘‘Haggard 

23 Decree’’ means the decree dated June 11, 1903, 

24 entered in United States of America, as guard25 ian of Chief Charley Juan Saul and Cyrus Sam, 
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1 Maricopa Indians and 400 other Maricopa Indi2 ans similarly situated v. Haggard, et al., Cause 

3 No. 19, in the District Court for the Third Ju4 dicial District of the Territory of Arizona, in 

5 and for the County of Maricopa. 

6 (B) INCLUSIONS.—The term ‘‘Haggard 

7 Decree’’ includes all court orders and decisions 

8 supplemental to that decree. 

9 (28) INCLUDING.—The term ‘‘including’’ has 

10 the same meaning as the term ‘‘including, but not 

11 limited to’’. 

12 (29) INJURY TO WATER QUALITY.—The term 

13 ‘‘injury to water quality’’ means any contamination, 

14 diminution, or deprivation of water quality under 

15 Federal, State, or other law. 

16 (30) INJURY TO WATER RIGHTS.—

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

18 water rights’’ means an interference with, dimi19 nution of, or deprivation of water rights under 

20 Federal, State, or other law. 

21 (B) INCLUSION.—The term ‘‘injury to 

22 water rights’’ includes a change in the under23 ground water table and any effect of such a 

24 change.
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1 (C) EXCLUSION.— The term ‘‘injury to 

2 water rights’’ does not include subsidence dam3 age or injury to water quality. 

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

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

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

9 (32) MASTER AGREEMENT.—The term ‘‘master 

10 agreement’’ means the agreement entitled ‘‘Arizona 

11 Water Settlement Agreement’’ entered into by the 

12 Director, the Central Arizona Water Conservation 

13 District, and the Secretary, dated July 1, 2002. 

14 (33) OFF-RESERVATION TRUST LAND.—The 

15 term ‘‘off-Reservation trust land’’ means land out16 side the exterior boundaries of the Reservation that 

17 is held in trust by the United States for the benefit 

18 of the Community and the Community members as 

19 of the enforceability date. 

20 (34) PHELPS DODGE.—The term ‘‘Phelps 

21 Dodge’’ means the Phelps Dodge Corporation, a 

22 New York corporation of that name, and its subsidi23 aries, successors, or assigns. 

24 (35) REPAYMENT STIPULATION.—
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1 (A) IN GENERAL.—The term ‘‘repayment 

2 stipulation’’ means the Stipulation Regarding a 

3 Stay of Litigation, Resolution of Issues During 

4 the Stay, and for Ultimate Judgment Upon the 

5 Satisfaction of Conditions, filed with the United 

6 States District Court for the District of Arizona 

7 on May 3, 2000, in Central Arizona Water Con8 servation District v. United States, et al., No. 

9 CIV 95–625–TUC–WDB(EHC), No. CIV 95–

10 1720–PHX–EHC (Consolidated Action). 

11 (B) INCLUSIONS.—The term ‘‘repayment 

12 stipulation’’ includes any amendment to or revi13 sion of the stipulation described in subpara14 graph (A). 

15 (36) RESERVATION.—

16 (A) IN GENERAL.—The term ‘‘Reserva17 tion’’ means the land located within the exterior 

18 boundaries of the reservation created under sec19 tions 3 and 4 of the Act of February 28, 1859 

20 (11 Stat. 401, chapter LXVI) and Executive 

21 Orders of August 31, 1876, June 14, 1879, 

22 May 5, 1882, November 15, 1883, July 31, 

23 1911, June 2, 1913, August 27, 1914, and July 

24 19, 1915. 
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1 (B) EXCLUSION.—The term ‘‘Reservation’’ 

2 does not include the land located in sections 16 

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

4 and Gila River Base and Meridian. 

5 (37) ROOSEVELT HABITAT CONSERVATION

6 PLAN.—The term ‘‘Roosevelt Habitat Conservation 

7 Plan’’ means the habitat conservation plan approved 

8 by the United States Fish and Wildlife Service 

9 under section 10(a)(1)(B) of the Endangered Spe10 cies Act of 1973 (16 U.S.C. 1539(a)(1)(B)) for the 

11 incidental taking of endangered, threatened, and 

12 candidate species resulting from the continued oper13 ation by the Salt River Project of Roosevelt Dam 

14 and Lake, near Phoenix, Arizona. 

15 (38) ROOSEVELT WATER CONSERVATION DIS16 TRICT.—The term ‘‘Roosevelt Water Conservation 

17 District’’ means the entity of that name that is a po18 litical subdivision of the State and an irrigation dis19 trict organized under the law of the State. 

20 (39) SAFFORD.—The term ‘‘Safford’’ means 

21 the city of Safford, Arizona. 

22 (40) SALT RIVER PROJECT.—The term ‘‘Salt 

23 River Project’’ means the Salt River Project Agricul24 tural Improvement and Power District, a political 

25 subdivision of the State, and the Salt River Valley 
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1 Water Users’ Association, an Arizona Territorial 

2 corporation. 

3 (41) SAN CARLOS APACHE TRIBE.—The term 

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

5 Apache Tribe, a tribe of Apache Indians organized 

6 under Section 16 of the Indian Reorganization Act 

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

8 (42) SAN CARLOS IRRIGATION AND DRAINAGE

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

10 Drainage District’’ means the entity of that name 

11 that is a political subdivision of the State and an ir12 rigation and drainage district organized under the 

13 laws of the State. 

14 (43) SAN CARLOS IRRIGATION PROJECT.—

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

16 Irrigation Project’’ means the San Carlos irri17 gation project authorized under the Act of June 

18 7, 1924 (43 Stat. 475). 

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

20 Irrigation Project’’ includes any amendments 

21 and supplements to the Act described in sub22 paragraph (A). 

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

24 means the Secretary of the Interior. 
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1 (45) SPECIAL HOT LANDS.—The term ‘‘special 

2 hot lands’’ has the meaning given the term in sub3 paragraph 2.34 of the UVD agreement. 

4 (46) STATE.—The term ‘‘State’’ means the 

5 State of Arizona. 

6 (47) SUBCONTRACT.—

7 (A) IN GENERAL.—The term ‘‘sub8 contract’’ means a Central Arizona Project 

9 water delivery subcontract. 

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

11 includes an amendment to a subcontract. 

12 (48) SUBSIDENCE DAMAGE.—The term ‘‘sub13 sidence damage’’ means injury to land, water, or 

14 other real property resulting from the settling of 

15 geologic strata or cracking in the surface of the 

16 Earth of any length or depth, which settling or 

17 cracking is caused by the pumping of underground 

18 water. 

19 (49) TBI ELIGIBLE ACRES.—The term ‘‘TBI 

20 eligible acres’’ has the meaning given the term in 

21 subparagraph 2.37 of the UVD agreement. 

22 (50) UNCONTRACTED MUNICIPAL AND INDUS23 TRIAL WATER.—The term ‘‘uncontracted municipal 

24 and industrial water’’ means Central Arizona 

25 Project municipal and industrial priority water that 
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1 is not subject to subcontract on the date of enact2 ment of this Act. 

3 (51) UV DECREED ACRES.—

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

5 acres’’ means the land located upstream and to 

6 the east of the Coolidge Dam for which water 

7 may be diverted pursuant to the Globe Equity 

8 Decree. 

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

10 acres’’ does not include the reservation of the 

11 San Carlos Apache Tribe. 

12 (52) UV DECREED WATER RIGHTS.—The term 

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

14 water for use on UV decreed acres in accordance 

15 with the Globe Equity Decree. 

16 (53) UV SUBJUGATED LAND.—The term ‘‘UV 

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

18 subparagraph 2.50 of the UVD agreement. 

19 (54) UVD AGREEMENT.—The term ‘‘UVD 

20 agreement’’ means the agreement among the Com21 munity, the United States, the San Carlos Irrigation 

22 and Drainage District, the Franklin Irrigation Dis23 trict, the Gila Valley Irrigation District, and other 

24 parties located in the upper valley of the Gila River, 

25 dated July 1, 2002. 
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1 (55) UVD SETTLING PARTIES.—The term 

2 ‘‘UVD settling parties’’ means the parties to the 

3 UVD agreement other than the United States, the 

4 San Carlos Irrigation and Drainage District, and 

5 the Community. 

6 (56) WATER OM&R FUND.—The term ‘‘Water 

7 OM&R Fund’’ means the Gila River Indian Commu8 nity Water OM&R Trust Fund established by sec9 tion 208. 

10 (57) WATER RIGHT.—The term ‘‘water right’’ 

11 means any right in or to groundwater, surface 

12 water, or effluent under Federal, State, or other law. 

13 (58) WATER RIGHTS APPURTENANT TO NM 381

14 ACRES.—The term ‘‘water rights appurtenant to NM 

15 381 acres’’ means the water rights—

16 (A) appurtenant to the 380.81 acres de17 scribed in the decree in Arizona v. California, 

18 376 U.S. 340, 349 (1964); and 

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

20 uses, for which the water rights described in 

21 subparagraph (A) may be modified or used in 

22 accordance with that decree. 

23 (59) WATER RIGHTS FOR NM DOMESTIC PUR24 POSES.—The term ‘‘water rights for NM domestic 

25 purposes’’ means the water rights for domestic pur-
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1 poses of not more than 265 acre-feet of water for 

2 consumptive use described in paragraph IV(D)(2) of 

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

4 350 (1964). 

5 (60) 1994 BIOLOGICAL OPINION.—The term 

6 ‘‘1994 biological opinion’’ means the biological opin7 ion, numbered 2–21–90–F–119, and dated April 15, 

8 1994, relating to the transportation and delivery of 

9 Central Arizona Project water to the Gila River 

10 basin. 

11 (61) 1996 BIOLOGICAL OPINION.—The term 

12 ‘‘1996 biological opinion’’ means the biological opin13 ion, numbered 2–21–95–F–462 and dated July 23, 

14 1996, relating to the impacts of modifying Roosevelt 

15 Dam on the southwestern willow flycatcher. 

16 (62) 1999 BIOLOGICAL OPINION.—The term 

17 ‘‘1999 biological opinion’’ means the draft biological 

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

19 1999, relating to the impacts of the Central Arizona 

20 Project on Gila Topminnow in the Santa Cruz River 

21 basin through the introduction and spread of non22 native aquatic species.
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1 TITLE I—CENTRAL ARIZONA 

2 PROJECT SETTLEMENT 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Central Arizona 

5 Project Settlement Act of 2003’’. 

6 SEC. 102. FINDINGS. 

7 Congress finds that—

8 (1) the water provided by the Central Arizona 

9 Project to Maricopa, Pinal, and Pima Counties in 

10 the State of Arizona, is vital to citizens of the State; 

11 and 

12 (2) an agreement on the allocation of Central 

13 Arizona Project water among interested persons, in14 cluding Federal and State interests, would provide 

15 important benefits to the Federal Government, the 

16 State of Arizona, and the citizens of the State. 

17 SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL 

18 ARIZONA PROJECT. 

19 In accordance with the CAP repayment contract, the 

20 Central Arizona Project may be used to transport non21 project water for—

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

23 industrial purposes; and 

24 (2) any purpose authorized under the Colorado 

25 River Basin Project Act (43 U.S.C. 1501 et seq.). 
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1 SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT 

2 WATER. 

3 (a) NON-INDIAN AGRICULTURAL PRIORITY

4 WATER.—

5 (1) REALLOCATION TO INDIAN TRIBES.—

6 (A) IN GENERAL.—The Secretary shall re7 allocate 197,500 acre-feet of agricultural pri8 ority water made available pursuant to the mas9 ter agreement for use by Arizona Indian tribes, 

10 of which—

11 (i) 102,000 acre-feet shall be reallo12 cated to the Gila River Indian Community; 

13 (ii) 28,200 acre-feet shall be reallo14 cated to the Tohono O’odham Nation; and 

15 (iii) subject to the conditions specified 

16 in subparagraph (B), 67,300 acre-feet 

17 shall be reallocated to Arizona Indian 

18 tribes. 

19 (B) CONDITIONS.—The reallocation of ag20 ricultural priority water under subparagraph 

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

22 (i) before the Secretary may reallocate 

23 the water to an Arizona Indian tribe, Con24 gress enacts a law approving an Indian 

25 water rights settlement for that Arizona 
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1 Indian tribe that provides for the realloca2 tion; and 

3 (ii) the agricultural priority water 

4 shall not, without specific authorization by 

5 Act of Congress, be leased, exchanged, 

6 forborne, or otherwise transferred by an 

7 Arizona Indian tribe for any direct or indi8 rect use outside the reservation of the Ari9 zona Indian tribe. 

10 (2) REALLOCATION TO THE ARIZONA DEPART11 MENT OF WATER RESOURCES.—

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary shall reallocate 96,295 

14 acre-feet of agricultural priority water made 

15 available pursuant to the master agreement to 

16 the Arizona Department of Water Resources, to 

17 be held under contract in trust for further allo18 cation under subparagraph (C). 

19 (B) REQUIRED DOCUMENTATION.—The re20 allocation of agricultural priority water under 

21 subparagraph (A) is subject to the condition 

22 that the Secretary execute any appropriate doc23 uments to memorialize the reallocation, includ24 ing—

25 (i) an allocation decision; and 
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1 (ii) a contract that prohibits the direct 

2 use of the agricultural priority water by 

3 the Arizona Department of Water Re4 sources. 

5 (C) FURTHER ALLOCATION.—With respect 

6 to the allocation of agricultural priority water 

7 under subparagraph (A)—

8 (i) before that water may be further 

9 allocated—

10 (I) the Director shall submit to 

11 the Secretary, and the Secretary shall 

12 receive, a recommendation for re13 allocation; 

14 (II) as soon as practicable after 

15 receiving the recommendation, the 

16 Secretary shall carry out all necessary 

17 reviews of the proposed reallocation, 

18 in accordance with applicable Federal 

19 law; and 

20 (III) if the recommendation is re21 jected by the Secretary, the Secretary 

22 shall—

23 (aa) request a revised rec24 ommendation from the Director; 

25 and 
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1 (bb) proceed with any re2 views required under subclause 

3 (II); and 

4 (ii) as soon as practicable after the 

5 date on which agricultural priority water is 

6 further allocated, the Secretary shall offer 

7 to enter into a subcontract for that water 

8 in accordance with paragraphs (1) and (2) 

9 of subsection (d). 

10 (D) MASTER AGREEMENT.—The realloca11 tion of agricultural priority water under sub12 paragraphs (A) and (C) is subject to the master 

13 agreement, including certain rights provided by 

14 the master agreement to water users in Pinal 

15 County, Arizona. 

16 (3) PRIORITY.—The agricultural priority water 

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

18 subject to the condition that the water retain its 

19 non-Indian agricultural delivery priority. 

20 (b) UNCONTRACTED CENTRAL ARIZONA PROJECT

21 MUNICIPAL AND INDUSTRIAL PRIORITY WATER.—

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

23 the recommendation of the Director, reallocate 

24 65,647 acre-feet of uncontracted municipal and in25 dustrial water, of which—
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1 (A) 285 acre-feet shall be reallocated to 

2 the town of Superior, Arizona; 

3 (B) 806 acre-feet shall be reallocated to 

4 the Cave Creek Water Company; 

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

6 the Chaparral Water Company; 

7 (D) 508 acre-feet shall be reallocated to 

8 the town of El Mirage, Arizona; 

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

10 the city of Goodyear, Arizona; 

11 (F) 147 acre-feet shall be reallocated to 

12 the H2O Water Company; 

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

14 the city of Mesa, Arizona; 

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

16 the city of Peoria, Arizona; 

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

18 the city of Scottsdale, Arizona; 

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

20 AVRA Cooperative; 

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

22 the city of Chandler, Arizona; 

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

24 the Del Lago (Vail) Water Company; 
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1 (M) 3,053 acre-feet shall be reallocated to 

2 the city of Glendale, Arizona; 

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

4 the Community Water Company of Green Val5 ley, Arizona; 

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

7 the Metropolitan Domestic Water Improvement 

8 District; 

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

10 the town of Oro Valley, Arizona; 

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

12 the city of Phoenix, Arizona; 

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

14 the city of Surprise, Arizona; 

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

16 the city of Tucson, Arizona; and 

17 (T) 250 acre-feet shall be reallocated to 

18 the Valley Utilities Water Company. 

19 (2) SUBCONTRACTS.—

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

21 after the date of enactment of this Act, in ac22 cordance with paragraphs (1) and (2) of sub23 section (d) and any applicable Federal laws, the 

24 Secretary shall offer to enter into subcontracts 

25 for the delivery of the uncontracted municipal 
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1 and industrial water reallocated under para2 graph (1). 

3 (B) REVISED RECOMMENDATION.—If the 

4 Secretary is precluded under applicable Federal 

5 law from entering into a subcontract with an 

6 entity identified in paragraph (1), the Secretary 

7 shall—

8 (i) request a revised recommendation 

9 from the Director; and 

10 (ii) on receipt of a recommendation 

11 under clause (i), reallocate and enter into 

12 a subcontract for the delivery of the water 

13 in accordance with subparagraph (A). 

14 (c) LIMITATIONS.—

15 (1) AMOUNT.—

16 (A) IN GENERAL.—The total amount of 

17 entitlements under long-term contracts (as de18 fined in the repayment stipulation) for the de19 livery of Central Arizona Project water in the 

20 State shall not exceed 1,415,000 acre-feet, of 

21 which—

22 (i) 667,724 acre-feet shall be—

23 (I) under contract to Arizona In24 dian tribes; or 
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1 (II) available to the Secretary for 

2 allocation to Arizona Indian tribes; 

3 and 

4 (ii) 747,276 acre-feet shall be under 

5 contract or available for allocation to—

6 (I) non-Indian municipal and in7 dustrial entities; 

8 (II) the Arizona Department of 

9 Water Resources; and 

10 (III) non-Indian agricultural en11 tities. 

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

13 not apply to Central Arizona Project water de14 livered to water users in Arizona in exchange 

15 for Gila River water delivered to the State of 

16 New Mexico or to water users in New Mexico 

17 as provided in section 304 of the Colorado 

18 River Basin Project Act (43 U.S.C. 1524). 

19 (2) TRANSFER.—

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

21 master agreement, Central Arizona Project 

22 water may not be transferred from—

23 (i) a use authorized under paragraph 

24 (1)(A)(i) to a use authorized under para25 graph (1)(A)(ii); or 
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1 (ii) a use authorized under paragraph 

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

4 (B) EXCEPTIONS.—

5 (i) LEASES.—A lease of Central Ari6 zona Project water by an Arizona Indian 

7 tribe to an entity described in paragraph 

8 (1)(A)(ii) under an Indian water rights 

9 settlement approved by an Act of Congress 

10 shall not be considered to be a transfer for 

11 purposes of subparagraph (A). 

12 (ii) EXCHANGES.—An exchange of 

13 Central Arizona Project water by an Ari14 zona Indian tribe to an entity described in 

15 paragraph (1)(A)(ii) shall not be consid16 ered to be a transfer for purposes of sub17 paragraph (A). 

18 (d) CENTRAL ARIZONA PROJECT CONTRACTS AND

19 SUBCONTRACTS.—

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

21 the Act of August 4, 1939 (commonly known as the 

22 ‘‘Reclamation Project Act of 1939’’) (43 U.S.C. 

23 485e), and paragraphs (2) and (3) of section 304(b) 

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

25 1524(b)), as soon as practicable after the date of en-
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1 actment of this Act, the Secretary shall offer to 

2 enter into subcontracts or to amend all Central Ari3 zona Project contracts and subcontracts in effect as 

4 of that date in accordance with paragraph (2). 

5 (2) REQUIREMENTS.—All subcontracts and 

6 amendments to Central Arizona Project contracts 

7 and subcontracts under paragraph (1)—

8 (A) shall be for permanent service (within 

9 the meaning of section 5 of the Boulder Canyon 

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

11 (B) shall have an initial delivery term that 

12 is the greater of—

13 (i) 100 years; or 

14 (ii) a term—

15 (I) authorized by Congress; or 

16 (II) provided under the appro17 priate Central Arizona Project con18 tract or subcontract in existence on 

19 the date of enactment of this Act; 

20 (C) shall conform to the shortage sharing 

21 criteria described in paragraph 8.16 of the Gila 

22 River agreement and paragraph 5.3 of the 

23 Tohono O’odham settlement agreement; 

24 (D) shall include the prohibition and ex25 ception described in subsection (e); and 
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1 (E) shall not require—

2 (i) that any Central Arizona Project 

3 water received in exchange for effluent be 

4 deducted from the contractual entitlement 

5 of the CAP contractor or CAP subcon6 tractor; or 

7 (ii) that any additional modification of 

8 the Central Arizona Project contracts or 

9 subcontracts be made as a condition of ac10 ceptance of the subcontract or amend11 ments. 

12 (3) APPLICABILITY.—This subsection does not 

13 apply to—

14 (A) a subcontract for non-Indian agricul15 tural use; and 

16 (B) a contract executed under paragraph 

17 5(d) of the repayment stipulation. 

18 (e) PROHIBITION ON TRANSFER.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), no Central Arizona Project water shall be 

21 leased, exchanged, forborne, or otherwise transferred 

22 in any way for use directly or indirectly outside the 

23 State. 

24 (2) EXCEPTIONS.—Central Arizona Project 

25 water may be—
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•HR 885 IH 

1 (A) leased, exchanged, forborne, or other2 wise transferred under an agreement with the 

3 Arizona Water Banking Authority that is in ac4 cordance with section 414 of title 43, Code of 

5 Federal Regulations; and 

6 (B) delivered to users in Arizona in ex7 change for Gila River water delivered to the 

8 State of New Mexico or to water users in New 

9 Mexico as provided in section 304 of the Colo10 rado River Basin Project Act (43 U.S.C. 1524). 

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

12 subsection prohibits any entity from entering into a 

13 contract with the Arizona Water Banking Authority 

14 or a successor of the Authority under State law. 

15 SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN 

16 WATER. 

17 (a) FIRMING PROGRAM.—The Secretary and the 

18 State shall develop a firming program to ensure that 

19 60,648 acre-feet of the agricultural priority water made 

20 available pursuant to the master agreement and reallo21 cated to Arizona Indian tribes under subsection 104(a)(1), 

22 shall, for a 100-year period, be delivered during water 

23 shortages in the same manner as water with a municipal 

24 and industrial delivery priority in the Central Arizona 

25 Project system is delivered during water shortages. 
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1 (b) DUTIES.—

2 (1) SECRETARY.—The Secretary shall—

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

4 priority water reallocated to the Tohono 

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

6 and 

7 (B) firm 8,724 acre-feet of agricultural 

8 priority water reallocated to Arizona Indian 

9 tribes under section 104(a)(1)(A)(iii). 

10 (2) STATE.—The State shall—

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

12 priority water reallocated to the Gila River In13 dian Community under section 104(a)(1)(A)(i); 

14 (B) firm 8,724 acre-feet of agricultural 

15 priority water reallocated to Arizona Indian 

16 tribes under section 104(a)(1)(A)(iii); and 

17 (C) assist the Secretary in carrying out ob18 ligations of the Secretary under paragraph 

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

20 Southern Arizona Water Rights Settlement 

21 Amendments Act (as added by section 301). 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary such 

24 sums as are necessary to carry out the duties of the Sec25 retary under subsection (b)(1). 
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1 SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY 

2 WATER. 

3 (a) APPROVAL OF AGREEMENT.—

4 (1) IN GENERAL.—The master agreement is au5 thorized, ratified, and confirmed. 

6 (2) EXHIBITS.—The Secretary shall execute 

7 any of the exhibits to the master agreement that 

8 have not been executed as of the date of enactment 

9 of this Act. 

10 (b) NONREIMBURSABLE DEBT.—In accordance with 

11 the master agreement, the portion of debt incurred under 

12 section 9(d) of the Act of August 4, 1939 (commonly 

13 known as the ‘‘Reclamation Project Act of 1939’’) (43 

14 U.S.C. 485h), and identified in the master agreement as 

15 nonreimbursable to the United States, shall be non16 reimbursable and nonreturnable to the United States in 

17 an amount not to exceed $73,561,337. 

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

19 1982 (43 U.S.C. 390aa et seq.) and any other acreage 

20 limitation or full cost pricing provisions of Federal law 

21 shall not apply to—

22 (1) land within the exterior boundaries of the 

23 Central Arizona Water Conservation District or 

24 served by Central Arizona Project water; 

25 (2) land within the exterior boundaries of the 

26 Salt River Reservoir District; 
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1 (3) land held in trust by the United States for 

2 an Arizona Indian tribe that is—

3 (A) within the exterior boundaries of the 

4 Central Arizona Water Conservation District; 

5 or 

6 (B) served by Central Arizona Project 

7 water; and 

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

9 basis of—

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

11 (B) execution or performance of the Gila 

12 River agreement; or 

13 (C) the use, storage, delivery, lease, or ex14 change of Central Arizona Project water. 

15 SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT 

16 FUND. 

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

18 Basin Project Act (43 U.S.C. 1543) is amended by strik19 ing subsection (f) and inserting the following: 

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

21 ‘‘(1) CREDITING AGAINST CENTRAL ARIZONA

22 WATER CONSERVATION DISTRICT PAYMENTS.—

23 Funds credited to the development fund pursuant to 

24 subsection (b) and paragraphs (1) and (3) of sub25 section (c), the portion of revenues derived from the 
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•HR 885 IH 

1 sale of power and energy for use in the State of Ari2 zona pursuant to subsection (c)(2) in excess of the 

3 amount necessary to meet the requirements of para4 graphs (1) and (2) of subsection (d), and any annual 

5 payment by the Central Arizona Water Conservation 

6 District to effect repayment of reimbursable Central 

7 Arizona Water Conservation District to effect repay8 ment of reimbursable Central Arizona Project con9 struction costs, shall be credited annually against 

10 the annual payment owed by the Central Arizona 

11 Water Conservation District to the United States for 

12 the Central Arizona Project. 

13 ‘‘(2) FURTHER USE OF REVENUE FUNDS CRED14 ITED AGAINST PAYMENTS OF CENTRAL ARIZONA

15 WATER CONSERVATION DISTRICT.—After being cred16 ited in accordance with paragraph (1), the funds 

17 and portion of revenues described in that paragraph 

18 shall be available annually, without further appro19 priation, in order of priority—

20 ‘‘(A) to pay fixed operation, maintenance, 

21 and replacement charges associated with the de22 livery of Central Arizona Project water under 

23 long-term contracts for use by Arizona Indian 

24 tribes (as defined in section 2 of the Arizona 

25 Water Settlements Act);
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1 ‘‘(B) to make deposits, totaling 

2 $53,000,000 in the aggregate, in the Gila River 

3 Indian Community Water OM&R Trust Fund 

4 established by section 207 of the Gila River In5 dian Community Water Rights Settlement Act 

6 of 2003; 

7 ‘‘(C) to pay an amount equal to 

8 $147,000,000, adjusted to reflect changes since 

9 January 1, 2000, in the Consumer Price Index 

10 for all urban consumers published by the De11 partment of Labor, to the Gila River Indian 

12 Community to rehabilitate the San Carlos Irri13 gation Project, of which not more than 

14 $25,000,000 shall be available annually, on re15 quest by the Gila River Indian Community in 

16 accordance with attachment 6.5.1 of exhibit 

17 20.1 of the Gila River Indian Community 

18 Water Rights Settlement, dated July 1, 2002, 

19 except that the total amount shall be increased 

20 or decreased, as appropriate, based on ordinary 

21 fluctuations in construction cost indices applica22 ble to the types of construction involved in the 

23 rehabilitation; 
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•HR 885 IH 

1 ‘‘(D) in addition to amounts made avail2 able for the purpose through annual appropria3 tions, and without regard to priority—

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

5 the construction of distribution systems re6 quired to implement the provisions of—

7 ‘‘(I) the contract entered into be8 tween the United States and the Gila 

9 River Indian Community, numbered 

10 6–07–03–W0345, and dated May 4, 

11 1998; 

12 ‘‘(II) section 3707(a)(1) of the 

13 San Carlos Apache Tribe Water 

14 Rights Settlement Act of 1992 (106 

15 Stat. 4747); and 

16 ‘‘(III) subsections (a) and (b) of 

17 section 304 of the Southern Arizona 

18 Water Rights Settlement Amendments 

19 Act of 2003; 

20 ‘‘(ii) to pay any costs authorized by 

21 Congress to be paid (including any costs to 

22 construct distribution systems and exclud23 ing costs otherwise payable by non-Fed24 eral, non-Indian parties) under any Ari-
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1 zona Indian water rights settlement Act 

2 enacted after May 9, 2000; and 

3 ‘‘(iii) to pay other costs authorized 

4 under—

5 ‘‘(I) the Gila River Indian Com6 munity Water Rights Settlement Act 

7 of 2003; or 

8 ‘‘(II) the Southern Arizona 

9 Water Rights Settlement Amendments 

10 Act of 2003; 

11 ‘‘(E) in addition to amounts made avail12 able for the purpose through annual appropria13 tions—

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

15 the construction of on-reservation Central 

16 Arizona Project distribution systems for 

17 the Yavapai Apache (Camp Verde), 

18 Tohono O’odham Nation (Sif Oidak Dis19 trict), Pascua Yaqui, and Tonto Apache 

20 tribes; and 

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

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

23 of the Central Arizona Project repayment 

24 stipulation (as defined in section 2 of the 

25 Arizona Water Settlements Act), except 
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1 that if a water rights settlement Act of 

2 Congress authorizes such construction, the 

3 applicable tribes shall be treated, and pay4 ments shall be made, in accordance with 

5 subparagraph (D)(ii); and 

6 ‘‘(F) if any amounts remain in the develop7 ment fund at the end of a fiscal year, to be car8 ried over to the following fiscal year for use for 

9 the purposes described in subparagraphs (A) 

10 through (E). 

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

12 FUNDS CREDITED AGAINST CENTRAL ARIZONA

13 WATER CONSERVATION DISTRICT PAYMENTS.—The 

14 funds and portion of revenues described in para15 graph (1) that are in excess of amounts credited 

16 under paragraph (1) shall be available, on an annual 

17 basis, without further appropriation, in order of pri18 ority—

19 ‘‘(A) to pay fixed operation, maintenance 

20 and replacement charges associated with the de21 livery of Central Arizona Project water under 

22 long-term contracts held by Arizona Indian 

23 tribes (as defined in section 2 of the Arizona 

24 Water Settlements Act); 
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1 ‘‘(B) to make the final outstanding annual 

2 payment for the costs of each unit of the 

3 projects authorized under title III that are to 

4 be repaid by the Central Arizona Water Con5 servation District; 

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

7 Treasury for fixed operation, maintenance, and 

8 replacement charges previously paid under 

9 paragraph (2)(A); 

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

11 Treasury for costs associated with any Indian 

12 water rights settlement previously paid under 

13 subparagraphs (B) through (E) of paragraph 

14 (2); 

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

16 Treasury the annual installment on any debt 

17 relating to the Central Arizona Project under 

18 section 9(d) of the Act of August 4, 1939 (com19 monly known as the ‘‘Reclamation Project Act 

20 of 1939’’) (43 U.S.C. 485h(d)) made non21 reimbursable under section 106(b) of the Cen22 tral Arizona Project Settlement Act of 2003; 

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

24 Treasury the difference between—
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•HR 885 IH 

1 ‘‘(I) the costs of each unit of the 

2 projects authorized under title III 

3 that are repayable by the Central Ari4 zona Water Conservation District; and 

5 ‘‘(II) any costs allocated to re6 payable functions under any Central 

7 Arizona Project cost allocation under8 taken by the United States; and 

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

10 Treasury. 

11 ‘‘(4) INVESTMENT OF AMOUNTS.—

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

13 Treasury shall invest such portion of the devel14 opment fund as is not, in the judgment of the 

15 Secretary of the Interior, required to meet cur16 rent needs of the development fund. Invest17 ments may be made only in interest-bearing ob18 ligations of the United States. 

19 ‘‘(B) ACQUISITION OF OBLIGATIONS.—For 

20 the purpose of investments under subparagraph 

21 (A), obligations may be acquired—

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

23 price; or 

24 ‘‘(ii) by purchase of outstanding obli25 gations at the market price. 
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•HR 885 IH 

1 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga2 tion acquired by the development fund may be 

3 sold by the Secretary of the Treasury at the 

4 market price. 

5 ‘‘(D) CREDITS TO FUND.—The interest on, 

6 and the proceeds from the sale or redemption 

7 of, any obligations held in the development fund 

8 shall be credited to and form a part of the de9 velopment fund.’’. 

10 (b) LIMITATION.—Before the date on which the find11 ings of the Secretary under section 207(d) have been pub12 lished in the Federal Register, amounts made available 

13 under the amendments in subsection (a)—

14 (1) shall be identified and retained in the 

15 Lower Colorado River Basin Development Fund es16 tablished by section 403 of the Colorado River Basin 

17 Project Act (43 U.S.C. 1543); and 

18 (2) shall not be expended or withdrawn from 

19 that fund until the date on which the findings de20 scribed in section 207(d) are published in the Fed21 eral Register. 

22 (c) TECHNICAL AMENDMENTS.—The Colorado River 

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

24 (1) in section 403(g), by striking ‘‘clause 

25 (c)(2)’’ and inserting ‘‘subsection (c)(2)’’; 
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1 (2) by striking ‘‘clause’’ each other place it ap2 pears and inserting ‘‘paragraph’’; and 

3 (3) by striking ‘‘clauses’’ each place it appears 

4 and inserting ‘‘paragraphs’’. 

5 SEC. 108. EFFECT. 

6 Except for provisions relating to the allocation of 

7 Central Arizona Project water and the Reclamation Re8 form Act of 1982 (43 U.S.C. 390aa et seq.), nothing in 

9 this title affects—

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

11 use of water from the Colorado River; or 

12 (2) any existing rights to use Colorado River 

13 water. 

14 SEC. 109. REPEAL. 

15 Section 11(h) of the Salt River Pima-Maricopa In16 dian Community Water Rights Settlement Act of 1988 

17 (102 Stat. 2559) is repealed. 

18 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There are authorized to be appro20 priated such sums as are necessary to comply with—

21 (1) the 1994 biological opinion, including any 

22 funding transfers required by the opinion; 

23 (2) the 1996 biological opinion, including any 

24 funding transfers required by the opinion; and 
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1 (3) any final biological opinion resulting from 

2 the 1999 biological opinion, including any funding 

3 transfers required by the opinion. 

4 (b) CONSTRUCTION COSTS.—Amounts made avail5 able under subsection (a) shall be treated as Central Ari6 zona Project construction costs. 

7 (c) AGREEMENTS.—

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

9 under subsection (a) may be used to carry out agree10 ments to permanently fund long-term reasonable and 

11 prudent alternatives in accepted biological opinions 

12 relating to the Central Arizona Project. 

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

14 environmental compliance may be met without fur15 ther appropriations, an agreement under paragraph 

16 (1) shall include a provision requiring that the con17 tractor manage the funds through interest-bearing 

18 investments. 

19 SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE 

20 UNDER TITLE II. 

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

22 (b), if the Secretary does not publish a statement of find23 ings under section 207(d) by December 31, 2007—

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

25 2008, and any action taken by the Secretary and 
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1 any contract entered under any provision of this title 

2 shall be void; and 

3 (2) any amounts appropriated under section 

4 110 that remain unexpended shall immediately re5 vert to the general fund of the Treasury. 

6 (b) EXCEPTION.—No subcontract amendment exe7 cuted by the Secretary under the notice of June 4, 2002 

8 (67 Fed. Reg. 38514) shall be considered to be a contract 

9 entered into by the Secretary for purposes of subsection 

10 (a)(1). 

11 TITLE II—GILA RIVER INDIAN 

12 COMMUNITY WATER RIGHTS 

13 SETTLEMENT 

14 SEC. 201. SHORT TITLE. 

15 This title may be cited as the ‘‘Gila River Indian 

16 Community Water Rights Settlement Act of 2003’’. 

17 SEC. 202. FINDINGS AND PURPOSES. 

18 (a) FINDINGS.—Congress finds that—

19 (1) it is the policy of the United States, in 

20 keeping with the trust responsibility of the United 

21 States to Indian tribes—

22 (A) to promote Indian self-determination 

23 and economic self-sufficiency; and
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1 (B) to settle, whenever possible, Indian 

2 water rights claims without lengthy and costly 

3 litigation; 

4 (2) meaningful Indian self-determination and 

5 economic self-sufficiency largely depend on the devel6 opment of viable Indian reservation economies; 

7 (3) the quantification of rights to water and de8 velopment of facilities needed to use tribal water 

9 supplies in an effective manner is essential to the de10 velopment of viable Indian reservation economies, 

11 particularly in arid western States; 

12 (4) continued uncertainty concerning the extent 

13 of the entitlement of the Gila River Indian Commu14 nity to water—

15 (A) has severely limited access by the 

16 Community to water and financial resources 

17 necessary to develop valuable agricultural land; 

18 and 

19 (B) has frustrated the efforts of the Com20 munity to achieve meaningful self-determination 

21 and self-sufficiency; 

22 (5) proceedings to determine and enforce the 

23 full extent and nature of, and injury to, the water 

24 rights of the Community are currently pending in 

25 the United States District Court for the District of 
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1 Arizona, and water rights claims are pending in the 

2 Superior Court of the State in and for Maricopa 

3 County as part of the Gila River adjudication pro4 ceedings; 

5 (6) because final resolution of pending litigation 

6 would take many years and entail great expense, 

7 continue economically and socially damaging limits 

8 to access to water by the Community, prolong uncer9 tainty concerning the availability of water supplies, 

10 and seriously impair long-term economic planning 

11 and development, the Community and the neighbors 

12 of the Community have sought to settle their dis13 putes concerning water and reduce the burdens of 

14 litigation; 

15 (7) after many years of negotiation, the United 

16 States, the Community, and the neighbors of the 

17 Community, many of whom are parties to the Gila 

18 River adjudication proceedings, have entered into a 

19 settlement agreement to—

20 (A) resolve permanently certain damage 

21 claims and all water rights claims between the 

22 United States and the Community and its 

23 neighbors; and 
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•HR 885 IH 

1 (B) recognize the right of the allottees to 

2 use water for irrigation purposes on the Res3 ervation; and 

4 (8) to advance the goals of Federal Indian pol5 icy and to act consistently with the trust responsi6 bility of the United States to the Community and 

7 the allottees, it is appropriate that the United States 

8 participate in the implementation of the Gila River 

9 agreement and contribute funds to enable the Com10 munity and the allottees to use the water entitle11 ments recognized or provided for in the Gila River 

12 agreement or this title in developing a diverse and 

13 efficient economy. 

14 (b) PURPOSES.—The purposes of this title are—

15 (1) to authorize, ratify, and confirm the Gila 

16 River agreement; 

17 (2) to authorize and direct the Secretary to exe18 cute and perform all obligations of the Secretary 

19 under the Gila River agreement; and 

20 (3) to authorize the actions and appropriations 

21 necessary for the United States to meet obligations 

22 of the United States under the Gila River agreement 

23 and this title. 
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1 SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMU2 NITY WATER RIGHTS SETTLEMENT AGREE3 MENT. 

4 (a) IN GENERAL.—Except to the extent that the Gila 

5 River agreement conflicts with a provision of this title, the 

6 Gila River agreement is authorized, ratified, and con7 firmed. 

8 (b) EXECUTION OF AGREEMENT.—The Secretary 

9 shall execute the Gila River agreement, including all exhib10 its to the Gila River agreement requiring the signature 

11 of the Secretary and any amendments necessary to make 

12 the Gila River agreement consistent with this title, after 

13 the Community has executed the Gila River agreement 

14 and any such amendments. 

15 (c) NATIONAL ENVIRONMENTAL POLICY ACT.—

16 (1) NO MAJOR FEDERAL ACTION.—Execution of 

17 the Gila River agreement by the Secretary under 

18 this section shall not constitute a major Federal ac19 tion under the National Environmental Policy Act 

20 (42 U.S.C. 4321 et seq.). 

21 (2) ENVIRONMENTAL COMPLIANCE ACTIVI22 TIES.—The Secretary shall promptly carry out the 

23 environmental compliance activities necessary to im24 plement the Gila River agreement, including activi25 ties under the National Environmental Policy Act 
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1 and the Endangered Species Act (16 U.S.C. 1531 et 

2 seq.). 

3 (3) LEAD AGENCY.—The Bureau of Reclama4 tion shall be designated as the lead agency with re5 spect to environmental compliance. 

6 (d) REHABILITATION AND OPERATION, MAINTE7 NANCE, AND REPLACEMENT OF CERTAIN WATER

8 WORKS.—

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

10 and exhibit 20.1 to the Gila River agreement, and 

11 as provided in this subsection, the Secretary shall 

12 provide for the rehabilitation and operation, mainte13 nance, and replacement of the San Carlos Irrigation 

14 Project water diversion and delivery works. 

15 (2) JOINT CONTROL BOARD AGREEMENT.—The 

16 Secretary shall execute the joint control board agree17 ment described in exhibit 20.1 to the Gila River 

18 agreement. 

19 (3) REHABILITATION COSTS ALLOCABLE TO

20 THE COMMUNITY.—The rehabilitation costs allocable 

21 to the Community under exhibit 20.1 to the Gila 

22 River agreement shall be paid from the funds avail23 able under paragraph (2)(C) of section 403(f) of the 

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

25 1543(f)) (as amended by section 107(a)).
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1 (4) REHABILITATION COSTS NOT ALLOCABLE

2 TO THE COMMUNITY.—

3 (A) IN GENERAL.—The rehabilitation costs 

4 not allocable to the Community under exhibit 

5 20.1 to the Gila River agreement shall be pro6 vided from—

7 (i) funds available under paragraph 

8 (2)(D)(iii)(I) of section 403(f) of the Colo9 rado River Basin Project Act (43 U.S.C. 

10 1543(f)) (as amended by section 107(a)); 

11 or 

12 (ii) funds made available under sec13 tion 213(a). 

14 (B) SUPPLEMENTARY REPAYMENT CON15 TRACT.—The Secretary shall execute a supple16 mentary repayment contract with the San Car17 los Irrigation and Drainage District in the form 

18 provided for in exhibit 20.1 to the Gila River 

19 agreement which shall, among other things, 

20 provide that—

21 (i) in accomplishing the work under 

22 the supplemental repayment contract, the 

23 San Carlos Irrigation and Drainage Dis24 trict may use the labor and contracting au-
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1 thorities that are available under State 

2 law; and 

3 (ii) a portion of the San Carlos Irriga4 tion and Drainage District’s share of the 

5 rehabilitation costs specified in exhibit 

6 20.1 to the Gila River agreement shall be 

7 nonreimbursable. 

8 (5) LEAD AGENCY.—The Bureau of Reclama9 tion shall be designated as the lead agency for over10 sight of the construction and rehabilitation of the 

11 San Carlos Irrigation Project authorized by this sec12 tion. 

13 (6) OPERATION AND MAINTENANCE RESPONSI14 BILITY.—

15 (A) IN GENERAL.—The Secretary shall re16 tain the operation and maintenance responsi17 bility for the CRR Project works until such 

18 time as the Community assumes that responsi19 bility pursuant to applicable law. 

20 (B) FINANCIAL RESPONSIBILITY.—The 

21 Secretary shall retain sole financial responsi22 bility for the payment, on behalf of the Commu23 nity, of the portion of the operation and main24 tenance costs that are attributable to the Com-
53

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1 munity for the operation and maintenance of 

2 the San Carlos Irrigation Project. 

3 SEC. 204. WATER RIGHTS. 

4 (a) RIGHTS HELD IN TRUST.—

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 the water rights of the Community described in the 

7 Gila River agreement shall be held in trust by the 

8 United States on behalf of the Community. 

9 (2) ALLOTTEES.—As specified in and provided 

10 for under this Act, allottees shall be entitled to an 

11 allocation of water for irrigation purposes from the 

12 water resources described in subparagraph 4.1.1 of 

13 the Gila River agreement. 

14 (3) NO AUTHORIZATION.—Nothing in this Act 

15 authorizes any action, claim, or lawsuit by an allot16 tee against any person, entity, corporation, or mu17 nicipal corporation, or a tribal government or the 

18 United States, under Federal, State, or other law. 

19 (b) REALLOCATION.—In accordance with this title 

20 and the Gila River agreement, the Secretary shall reallo21 cate to the Community and contract for the delivery of—

22 (1) an annual entitlement to 18,600 acre-feet of 

23 CAP agricultural priority water in accordance with 

24 the agreement among the Secretary, the Community, 
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•HR 885 IH 

1 and Roosevelt Water Conservation District dated 

2 August 7, 1992; 

3 (2) an annual entitlement to 18,100 acre-feet of 

4 CAP Indian priority water, which was permanently 

5 relinquished by Harquahala Valley Irrigation Dis6 trict in accordance with Contract No. 3–07–W0290 

7 among the Central Arizona Water Conservation Dis8 trict, the Harquahala Valley Irrigation District, and 

9 the United States, and converted to CAP Indian pri10 ority water under the Fort McDowell Indian Com11 munity Water Rights Settlement Act of 1990 (104 

12 Stat. 4480); 

13 (3) on execution of an exchange and lease 

14 agreement among the Community, the United 

15 States, and Asarco, an annual entitlement to 17,000 

16 acre-feet of CAP municipal and industrial priority 

17 water under the subcontract among the United 

18 States, the Central Arizona Water Conservation Dis19 trict, and Asarco, Subcontract No. 3–07–30–W0307, 

20 dated November 7, 1993; and 

21 (4) as provided in section 104(a)(1)(A)(i), an 

22 annual entitlement to 102,000 acre-feet of CAP ag23 ricultural priority water acquired pursuant to the 

24 master agreement. 
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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 pur5 pose of determining the allocation and repayment of costs 

6 of any stages of the Central Arizona Project constructed 

7 after the date of enactment of this Act, the costs associ8 ated with the delivery of Community CAP water, whether 

9 that water is delivered for use by the Community or in 

10 accordance with any assignment, exchange, lease, option 

11 to lease, or other agreement for the temporary disposition 

12 of water entered into by the Community—

13 (1) shall be nonreimbursable; and 

14 (2) shall be excluded from the repayment obli15 gation of the Central Arizona Water Conservation 

16 District. 

17 (e) APPLICATION OF PROVISIONS.—

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

19 and confirmed to the Community by the Gila River 

20 agreement and this title shall be subject to section 

21 7 of the Act of February 8, 1887 (25 U.S.C. 381). 

22 (2) WATER CODE.—Not later than 3 years after 

23 the enforceability date, the Community shall enact a 

24 water code, subject to any applicable provision of 

25 law, that—
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•HR 885 IH 

1 (A) manages, regulates, and controls the 

2 water resources on the Reservation; 

3 (B) governs all of the water rights that are 

4 held in trust by the United States for the ben5 efit of the Community; and 

6 (C) includes, subject to approval of the 

7 Secretary—

8 (i) a process by which any allottee, or 

9 any successor in interest to an allottee, 

10 may request and be provided with an allo11 cation of water for irrigation use on allot12 ted land of the allottee; and 

13 (ii) a due process system for the con14 sideration and determination of any re15 quest by any allottee, or any successor in 

16 interest to an allottee, for an allocation of 

17 water, including a process for appeal and 

18 adjudication of denied or disputed distribu19 tions of water and for resolution of con20 tested administrative decisions. 

21 (3) ADMINISTRATION.—The Secretary shall ad22 minister all rights to water granted or confirmed to 

23 the Community by the Gila River agreement until 

24 such date as the water code described in paragraph 

25 (2) has been enacted and approved by the Secretary. 
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•HR 885 IH 

1 SEC. 205. COMMUNITY WATER DELIVERY CONTRACT 

2 AMENDMENTS. 

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

4 Community water delivery contract to provide, among 

5 other things, in accordance with the Gila River agreement, 

6 that—

7 (1) the contract shall be—

8 (A) for permanent service (within the 

9 meaning of section 5 of the Boulder Canyon 

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

11 (B) without limit as to term; 

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

13 the Secretary—

14 (A) enter into contracts or options to lease 

15 (for a term not to exceed 100 years) or con16 tracts or options to exchange, Community CAP 

17 water within Maricopa, Pinal, Pima, La Paz, 

18 Yavapai, Gila, Graham, Greenlee, Santa Cruz, 

19 or Coconino Counties, Arizona, providing for 

20 the temporary delivery to others of any portion 

21 of the Community CAP water; and 

22 (B) renegotiate any lease at any time dur23 ing the term of the lease, so long as the term 

24 of the renegotiated lease does not exceed 100 

25 years; 
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•HR 885 IH 

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

2 States, shall be entitled to all consideration due to 

3 the Community under any leases or options to lease 

4 and exchanges or options to exchange Community 

5 CAP water entered into by the Community; 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 Com9 munity under any such leases or options to lease and 

10 exchanges or options to exchange; 

11 (4)(A) all Community CAP water shall be deliv12 ered through the CAP system; and 

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

14 is significantly reduced or is anticipated to be sig15 nificantly reduced for an extended period of time, 

16 the Community shall have the same CAP delivery 

17 rights as other CAP contractors and CAP sub18 contractors, if such CAP contractors or CAP sub19 contractors are allowed to take delivery of water 

20 other than through the CAP system; 

21 (5) the Community may use Community CAP 

22 water on or off the Reservation for Community pur23 poses; 

24 (6) as authorized by subparagraph (A) of sec25 tion 403(f)(2) of the Colorado River Basin Project 
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•HR 885 IH 

1 Act (43 U.S.C. 1543(f)(2)) (as amended by section 

2 107(a)) and to the extent that funds are available in 

3 the Lower Colorado River Basin Development Fund 

4 established by section 403 of that Act (43 U.S.C. 

5 1543), the United States shall pay to the CAP oper6 ating agency the fixed OM&R charges associated 

7 with the delivery of Community CAP water, except 

8 for Community CAP water leased by others; 

9 (7) the costs associated with the construction of 

10 the CAP system—

11 (A) shall be nonreimbursable; and 

12 (B) shall be excluded from any repayment 

13 obligation of the Community; and 

14 (8) no CAP water service capital charges shall 

15 be due or payable for Community CAP water, 

16 whether CAP water is delivered for use by the Com17 munity or is delivered under any leases, options to 

18 lease, exchanges or options to exchange Community 

19 CAP water entered into by the Community. 

20 (b) AMENDED AND RESTATED COMMUNITY WATER

21 DELIVERY CONTRACT.—Notwithstanding any other provi22 sion of law, the Amended and Restated Community CAP 

23 water Delivery Contract set forth in exhibit 8.2 to the Gila 

24 River agreement is authorized, ratified, and confirmed, 

25 and the Secretary shall execute the contract. 
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•HR 885 IH 

1 (c) LEASES.—The leases of Community CAP water 

2 by the Community to Phelps Dodge, and any of the Cities, 

3 attached as exhibits to the Gila River agreement, are au4 thorized, ratified, and confirmed, and the Secretary shall 

5 execute the leases. 

6 (d) RECLAIMED WATER EXCHANGE AGREEMENT.—

7 The Reclaimed Water Exchange Agreement among the 

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

9 the United States, attached as exhibit 18.1 to the Gila 

10 River agreement, is authorized, ratified, and confirmed, 

11 and the Secretary shall execute the agreement. 

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

13 nor any recipient of Community CAP water through lease 

14 or exchange shall be obligated to pay water service capital 

15 charges or any other charges, payments, or fees for the 

16 CAP water, except as provided in the lease or exchange 

17 agreement. 

18 (f) PROHIBITIONS.—

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

20 Community CAP water shall be leased, exchanged, 

21 forborne, or otherwise transferred in any way by the 

22 Community for use directly or indirectly outside the 

23 State. 

24 (2) USE OFF RESERVATION.—Except as author25 ized by this section and subparagraph 4.7 of the 
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•HR 885 IH 

1 Gila River agreement, no water made available to 

2 the Community under the Gila River agreement, the 

3 Globe Equity Decree, the Haggard Decree, or this 

4 title may be sold, leased, transferred, or used off the 

5 Reservation other than by exchange. 

6 (3) AGREEMENTS WITH THE ARIZONA WATER

7 BANKING AUTHORITY.—Nothing in this Act or the 

8 Gila River agreement limits the right of the Commu9 nity to enter into any agreement with the Arizona 

10 Water Banking Authority, or any successor agency 

11 or entity, in accordance with State law. 

12 SEC. 206. SATISFACTION OF CLAIMS. 

13 (a) IN GENERAL.—The benefits realized by the Com14 munity, Community members, and allottees under this 

15 title shall be in complete replacement of and substitution 

16 for, and full satisfaction of, all claims of the Community, 

17 Community members, and allottees for water rights, in18 jury to water rights, injury to water quality and subsid19 ence damage, except as set forth in the Gila River agree20 ment, under Federal, State, or other law with respect to 

21 the Reservation, off-Reservation trust land, and fee land. 

22 (b) NO RECOGNITION OF WATER RIGHTS.—Notwith23 standing subsection (a) and except as provided in sub24 section 204(e), nothing in this title has the effect of recog-
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•HR 885 IH 

1 nizing or establishing any right of a Community member 

2 or allottee to water on the Reservation. 

3 SEC. 207. WAIVER AND RELEASE OF CLAIMS. 

4 (a) IN GENERAL.—

5 (1) CLAIMS AGAINST THE STATE AND OTHERS

6 ACTING UNDER FEDERAL, STATE, OR OTHER LAW.—

7 (A) BY THE COMMUNITY.—Except as pro8 vided in the Gila River agreement, the Commu9 nity, on behalf of the Community and Commu10 nity members (but not members in their capac11 ities as allottees), and the Secretary, on behalf 

12 of the Community and Community members 

13 (but not members in their capacities as 

14 allottees), as part of the performance of obliga15 tions under the Gila River agreement, are au16 thorized to execute a waiver and release of any 

17 claims against the State (or any agency or po18 litical subdivision of the State) or any other 

19 person, entity, corporation, or municipal cor20 poration under Federal, State, or other law 

21 for—

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

23 for water rights for land within the Res24 ervation, off-Reservation trust land, and 
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•HR 885 IH 

1 fee land arising from time immemorial 

2 and, thereafter, forever; and 

3 (II) past, present, and future claims 

4 for water rights based on aboriginal occu5 pancy of land by the Community and Com6 munity members, or their predecessors 

7 arising from time immemorial and, there8 after, forever; 

9 (ii)(I) past and present injury to 

10 water rights for land within the Reserva11 tion, off-Reservation trust land, and fee 

12 land arising from time immemorial 

13 through the enforceability date; 

14 (II) past, present, and future injury 

15 to water rights based on aboriginal occu16 pancy of land by the Community and Com17 munity members, or their predecessors 

18 arising from time immemorial and, there19 after, forever; and 

20 (III) injury to water rights arising 

21 after the enforceability date for land within 

22 the Reservation, off-Reservation trust land, 

23 and fee land resulting from the off-Res24 ervation diversion or use of water in a 
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•HR 885 IH 

1 manner not in violation of the Gila River 

2 agreement or State law; 

3 (iii)(I) past and present injury to 

4 water quality (other than claims arising 

5 out of the actions that resulted in the re6 mediations described in exhibit 25.2.1.6 to 

7 the Gila River agreement), including 

8 claims for trespass, nuisance, and real 

9 property damage and claims under all cur10 rent and future Federal, State, and other 

11 environmental laws and regulations (in12 cluding claims under the Comprehensive 

13 Environmental Response, Compensation, 

14 and Liability Act of 1980 (42 U.S.C. 9601 

15 et seq.) and Ariz. Rev. Stat. 49–282), for 

16 land within the exterior boundaries of the 

17 Reservation, off-Reservation trust land, 

18 and fee land arising from time immemorial 

19 through December 31, 2002; 

20 (II) past, present, and future injury 

21 to water quality (other than claims arising 

22 out of actions that resulted in the remedi23 ations described in exhibit 25.2.1.6 to the 

24 Gila River agreement), including claims for 

25 trespass, nuisance, and real property dam-
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•HR 885 IH 

1 age and claims under all current and fu2 ture Federal, State, and other environ3 mental laws and regulations (including 

4 claims under the Comprehensive Environ5 mental Response, Compensation, and Li6 ability Act of 1980 (42 U.S.C. 9601 et 

7 seq.) and Ariz. Rev. Stat. 49–282), that 

8 are based on aboriginal occupancy of land 

9 by the Community and Community mem10 bers, or their predecessors, arising from 

11 time immemorial and, thereafter, forever; 

12 (III) injury to water quality (other 

13 than claims arising out of actions that re14 sulted in the remediations described in ex15 hibit 25.2.1.6 to the Gila River agreement) 

16 arising after December 31, 2002, including 

17 claims for trespass, nuisance, and real 

18 property damage and claims under all cur19 rent and future Federal, State, and other 

20 environmental laws and regulations (in21 cluding claims under the Comprehensive 

22 Environmental Response, Compensation, 

23 and Liability Act of 1980 (42 U.S.C. 9601 

24 et seq.) and Ariz. Rev. Stat. 49–282), that 

25 result from—
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•HR 885 IH 

1 (aa) the delivery of water to the 

2 Community under the Gila River 

3 agreement; 

4 (bb) the off-Reservation diversion 

5 (other than pumping), or ownership 

6 or operation of structures for the off7 Reservation diversion (other than 

8 pumping), of water; 

9 (cc) the off-Reservation pumping, 

10 or ownership or operation of struc11 tures for the off-Reservation pumping, 

12 of water in a manner not in violation 

13 of the Gila River agreement or of any 

14 applicable pumping limitations under 

15 State law; 

16 (dd) the recharge, or ownership 

17 or operation of structures for the re18 charge, of water under a State permit; 

19 and 

20 (ee) the off-Reservation applica21 tion of water to land for irrigation; 

22 except that the waiver provided in this sub23 clause shall extend only to the State (or 

24 any agency or political subdivision of the 

25 State) or any other person, entity, or mu-
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•HR 885 IH 

1 nicipal or other corporation to the extent 

2 that the person, entity, or corporation is 

3 engaged in an activity specified in this sub4 clause; 

5 (iv) past, present, and future claims 

6 arising out of or relating in any manner to 

7 the negotiation or execution of the Gila 

8 River agreement or the negotiation or en9 actment of titles I and II; and 

10 (v)(I) past and present claims for sub11 sidence damage occurring to land within 

12 the Reservation, off-Reservation trust land, 

13 or fee land arising from time immemorial 

14 through the enforceability date; and 

15 (II) subsidence damage arising after 

16 the enforceability date occurring to land 

17 within the Reservation, off-Reservation 

18 trust land, or fee land resulting from the 

19 diversion of underground water in a man20 ner not in violation of the Gila River 

21 agreement or State law. 

22 (B) BY THE UNITED STATES.—Except as 

23 provided in the Gila River agreement, the 

24 United States, as trustee for the allottees, as 

25 part of the performance of obligations under 
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•HR 885 IH 

1 the Gila River agreement, are authorized to 

2 execute a waiver and release of any claims 

3 against the State (or any agency or political 

4 subdivision of the State) or any other person, 

5 entity, corporation, or municipal corporation 

6 under Federal, State, or other law, for—

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

8 for water rights for land within the Res9 ervation arising from time immemorial 

10 and, thereafter, forever; and 

11 (II) past, present, and future claims 

12 for water rights based on aboriginal occu13 pancy of land by allottees, or their prede14 cessors arising from time immemorial and, 

15 thereafter, forever; 

16 (ii)(I) past and present injury to 

17 water rights for land within the Reserva18 tion arising from time immemorial through 

19 the enforceability date; 

20 (II) past, present, and future injury 

21 to water rights that are based on aborigi22 nal occupancy of land by allottees or their 

23 predecessors arising from time immemorial 

24 and, thereafter, forever; and 
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•HR 885 IH 

1 (III) injury to water rights arising 

2 after the enforceability date for land within 

3 the Reservation, off-Reservation trust land, 

4 and fee land resulting from the off-Res5 ervation diversion or use of water in a 

6 manner not in violation of the Gila River 

7 agreement or State law; 

8 (iii)(I) past and present injury to 

9 water quality (other than claims arising 

10 out of actions that resulted in the remedi11 ations described in exhibit 25.2.1.6 to the 

12 Gila River agreement), including claims for 

13 trespass, nuisance, and real property dam14 age and claims under all current and fu15 ture Federal, State, and other environ16 mental laws and regulations (including 

17 claims under the Comprehensive Environ18 mental Response, Compensation, and Li19 ability Act of 1980 (42 U.S.C. 9601 et 

20 seq.) and Ariz. Rev. Stat. 49–282), with 

21 respect to land within the Reservation, 

22 arising from time immemorial through De23 cember 31, 2002; 

24 (II) past, present, and future injury 

25 to water quality (other than claims arising 
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•HR 885 IH 

1 out of actions that resulted in the remedi2 ations described in exhibit 25.2.1.6 to the 

3 Gila River agreement), including claims for 

4 trespass, nuisance, and real property dam5 age and claims under all current and fu6 ture Federal, State, and other environ7 mental laws and regulations (including 

8 claims under the Comprehensive Environ9 mental Response, Compensation, and Li10 ability Act of 1980 (42 U.S.C. 9601 et 

11 seq.) and Ariz. Rev. Stat. 49–282), that 

12 are based on aboriginal occupancy of land 

13 by allottees or their predecessors, from 

14 time immemorial and, thereafter, forever; 

15 (III) injury to water quality (other 

16 than claims arising out of actions that re17 sulted in the remediations described in ex18 hibit 25.2.1.6 to the Gila River agreement) 

19 arising after December 31, 2002, including 

20 claims for trespass, nuisance, and real 

21 property damage and claims under all cur22 rent and future Federal, State, and other 

23 environmental laws and regulations (in24 cluding claims under the Comprehensive 

25 Environmental Response, Compensation, 
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•HR 885 IH 

1 and Liability Act of 1980 (42 U.S.C. 9601 

2 et seq.) and Ariz. Rev. Stat. 49–282), that 

3 result from—

4 (aa) the delivery of water to the 

5 Community or the Allottees under the 

6 Gila River agreement; 

7 (bb) the off-Reservation diversion 

8 (other than pumping), or ownership 

9 or operation of structures for the off10 Reservation diversion (other than 

11 pumping), of water; 

12 (cc) the off-Reservation pumping, 

13 or ownership or operation of struc14 tures for the off-Reservation pumping, 

15 of water in a manner not in violation 

16 of the Gila River agreement or any 

17 applicable pumping limitations under 

18 State law; 

19 (dd) the recharge, or ownership 

20 or operation of structures for the re21 charge, of water under a State permit; 

22 and 

23 (ee) the off-Reservation applica24 tion of water to land for irrigation; 
72

•HR 885 IH 

1 except that the waiver provided in this sub2 clause shall extend only to the State (or 

3 any agency or political subdivision of the 

4 State) or any other person, entity, or mu5 nicipal or other corporation to the extent 

6 that the person, entity, or corporation is 

7 engaged in an activity specified in this sub8 clause; 

9 (iv) 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 en13 actment of titles I and II; and 

14 (v) past and present subsidence dam15 age occurring to land within the Reserva16 tion from time immemorial through the en17 forceability date. 

18 (2) CLAIMS FOR SUBSIDENCE.—In accordance 

19 with the subsidence remediation program under sec20 tion 209, the Community, a Community member, or 

21 an allottee, and the United States, on behalf of the 

22 Community, a Community member, or an allottee, 

23 as part of the performance of obligations under the 

24 Gila River agreement, are authorized to execute a 

25 waiver and release of all claims against the State (or 
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•HR 885 IH 

1 any agency or political subdivision of the State) or 

2 any other person, entity, corporation or municipal 

3 corporation under Federal, State, or other law for 

4 the damage claimed. 

5 (3) CLAIMS AGAINST THE SALT RIVER

6 PROJECT.—Except as provided in the Gila River 

7 agreement, the Community, on behalf of the Com8 munity and Community members (but not members 

9 in their capacities as allottees), and the United 

10 States, as trustee for the Community, Community 

11 members, and allottees, as part of the performance 

12 of obligations under the Gila River agreement, are 

13 authorized to execute a waiver and release of any 

14 claim against the Salt River Project (or its succes15 sors or assigns or its officers, governors, directors, 

16 employees, agents, or shareholders) arising from the 

17 discharge, transportation, seepage, or other move18 ment of water in, through, or from drains, canals, 

19 or other facilities or land in the Salt River Reservoir 

20 District to land in the Reservation for—

21 (A) past and present injury to water 

22 rights, injury to water quality, or injury to real 

23 property arising from time immemorial through 

24 December 31, 2002; and 
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•HR 885 IH 

1 (B) injury to water rights, injury to water 

2 quality, or injury to real property arising after 

3 December 31, 2002, and through the enforce4 ability date, if the Salt River Project (or its 

5 successors or assigns) acts in accordance with 

6 the annual reservoir operations plan of the Salt 

7 River Project through the enforceability date. 

8 (4) CLAIMS AGAINST THE UNITED STATES.—

9 Except as provided in the Gila River agreement, the 

10 Community, on behalf of the Community and Com11 munity members (but not members in their capac12 ities as allottees), as part of the performance of obli13 gations under the Gila River agreement, is author14 ized to execute a waiver and release of any claim 

15 against the United States (or agencies, officials, or 

16 employees of the United States) under Federal, 

17 State, or other law for—

18 (A)(i) past, present, and future claims for 

19 water rights for land within the Reservation, 

20 off-Reservation trust land, and fee land arising 

21 from time immemorial and, thereafter, forever; 

22 and 

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

24 water rights based on aboriginal occupancy of 

25 land by the Community and Community mem-
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•HR 885 IH 

1 bers, or their predecessors arising from time 

2 immemorial and, thereafter, forever; 

3 (B)(i) past and present injury to water 

4 rights for land within the Reservation, off-Res5 ervation trust land, and fee land arising from 

6 time immemorial through the enforceability 

7 date; 

8 (ii) past, present, and future injury to 

9 water rights based on aboriginal occupancy of 

10 land by the Community and Community mem11 bers, or their predecessors arising from time 

12 immemorial and, thereafter, forever; and 

13 (iii) injury to water rights arising after the 

14 enforceability date for land within the Reserva15 tion, off-Reservation trust land, or fee land re16 sulting from the off-Reservation diversion or 

17 use of water in a manner not in violation of the 

18 Gila River agreement or applicable law; 

19 (C) past, present, and future claims aris20 ing out of or relating in any manner to the ne21 gotiation or execution of the Gila River agree22 ment or the negotiation or enactment of titles 

23 I and II; 

24 (D)(i) past and present subsidence damage 

25 occurring to land within the Reservation, off-
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•HR 885 IH 

1 Reservation trust land, or fee land arising from 

2 time immemorial through the enforceability 

3 date; and 

4 (ii) subsidence damage arising after the 

5 enforceability date occurring to land within the 

6 Reservation, off-Reservation trust land or fee 

7 land resulting from the diversion of under8 ground water in a manner not in violation of 

9 the Gila River agreement or applicable law; and 

10 (E) past and present claims for failure to 

11 protect, acquire, or develop water rights for or 

12 on behalf of the Community and Community 

13 members arising before December 31, 2002. 

14 (5) CLAIMS AGAINST THE COMMUNITY.—Except 

15 as provided in the Gila River agreement, the United 

16 States, in all its capacities (except as trustee for an 

17 Indian tribe other than the Community), as part of 

18 the performance of obligations under the Gila River 

19 agreement, is authorized to execute a waiver and re20 lease of any and all claims against the Community, 

21 or any agency, official, or employee of the Commu22 nity, under Federal, State, or any other law for—

23 (A)(i) past, present, and future claims for 

24 water rights; and 
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•HR 885 IH 

1 (ii) past and present injury to water rights 

2 arising from time immemorial through the en3 forceability date; 

4 (B) injury to water rights arising after the 

5 enforceability date resulting from the diversion 

6 or use of water in a manner not in violation of 

7 the Gila River agreement or applicable law; 

8 (C) past, present, and future claims aris9 ing out of or relating in any manner to the ne10 gotiation or execution of the Gila River agree11 ment, or the negotiation or enactment of titles 

12 I and II; 

13 (D) past and present injury to water qual14 ity, including claims described in paragraph 

15 (1)(A)(iii)(I), arising from time immemorial 

16 through December 31, 2002; and 

17 (E) past and present subsidence damage 

18 arising from time immemorial through the en19 forceability date. 

20 (6) CLAIMS AGAINST CERTAIN PERSONS AND

21 ENTITIES IN THE UPPER GILA VALLEY.—

22 (A) BY THE COMMUNITY AND THE UNITED

23 STATES.—Except as provided in the UVD 

24 agreement, the Community, on behalf of the 

25 Community and Community members (but not 
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•HR 885 IH 

1 members in their capacities as allottees), and 

2 the United States on behalf of the Community 

3 and Community members (but not members in 

4 their capacities as allottees) and, to the extent 

5 of the interest of the United States as owner of 

6 water rights for land described in articles V and 

7 VI of the Globe Equity Decree (excluding land 

8 described in article VI(2)), are authorized, as 

9 part of the performance of obligations under 

10 the UVD agreement, to execute a waiver and 

11 release of any claims against the UVD settling 

12 parties and all other persons or entities divert13 ing or using water in a manner that is not in 

14 violation of or contrary to the terms, conditions, 

15 requirements, limitations, or other provisions of 

16 the UVD agreement, for—

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

18 for water rights within the Reservation and 

19 the San Carlos Irrigation Project and, to 

20 the extent of the interest of the United 

21 States, land described in articles V and VI 

22 of the Globe Equity Decree (excluding land 

23 described in article VI(2)), arising from 

24 time immemorial and, thereafter, forever; 

25 and 
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1 (II) past, present, and future claims 

2 for water rights based on aboriginal occu3 pancy of land by the Community, Commu4 nity members, or predecessors of Commu5 nity members, arising from time immemo6 rial and, thereafter, forever; 

7 (ii)(I) past and present injury to 

8 water rights for land within the Reserva9 tion and the San Carlos Irrigation Project, 

10 and, to the extent of the interest of the 

11 United States, land described in articles V 

12 and VI of the Globe Equity Decree (ex13 cluding land described in article VI(2)), 

14 arising from time immemorial and, there15 after, forever; 

16 (II) past, present, and future injury 

17 to water rights based on aboriginal occu18 pancy of land by the Community, Commu19 nity members, or predecessors of Commu20 nity members, arising from time immemo21 rial and, thereafter, forever; and 

22 (III) injury to water rights for land 

23 within the Reservation and the San Carlos 

24 Irrigation Project, and, to the extent of the 

25 interest of the United States, land de-
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1 scribed in articles V and VI of the Globe 

2 Equity Decree (excluding land described in 

3 article VI(2)), resulting from the diversion, 

4 pumping, or use of water in a manner not 

5 in violation of or contrary to the terms, 

6 conditions, limitations, requirements, or 

7 provisions of the UVD agreement; 

8 (iii)(I) past, present, and future 

9 claims arising out of or relating to the use 

10 of water rights appurtenant to NM 381 

11 acres, on the conditions that such water 

12 rights remain subject to the oversight and 

13 reporting requirements set forth in the de14 cree in Arizona v. California, 376 U.S. 340 

15 (1964), and that the State of New Mexico 

16 shall make available on request a copy of 

17 any records prepared pursuant to that de18 cree; and 

19 (II) past, present, and future claims 

20 arising out of and relating to the use of 

21 water rights for NM domestic purposes, on 

22 the conditions that such water rights re23 main subject to the oversight and reporting 

24 requirements set forth in the decree in Ari25 zona v. California, 376 U.S. 340 (1964), 
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1 and that the State of New Mexico shall 

2 make available on request a copy of any 

3 records prepared pursuant to that decree; 

4 and 

5 (iv) past, present, and future claims 

6 arising out of or relating to the negotiation 

7 or execution of the UVD agreement, or the 

8 negotiation or enactment of this Act. 

9 (B) BY THE UNITED STATES ON BEHALF

10 OF ALLOTTEES.—Except as provided in the 

11 UVD agreement, the United States as trustee 

12 for the allottees, as part of the performance 

13 under the UVD agreement, is authorized to 

14 execute a waiver and release against the UV 

15 settling parties and all other persons or entities 

16 diverting or using water in a manner that is not 

17 in violation of or contrary to the terms, condi18 tions, requirements, limitations, or other provi19 sions of the UVD agreement, for—

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

21 for water rights lands within the Reserva22 tion arising from time immemorial, and 

23 thereafter, forever; and 

24 (II) past, present, and future claims 

25 for water rights based on aboriginal occu-
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1 pancy of lands by allottees or their prede2 cessors arising from time immemorial, and 

3 thereafter, forever; 

4 (ii)(I) past and present injury to 

5 water rights for lands within the Reserva6 tion arising from time immemorial, and 

7 thereafter, forever; 

8 (II) past, present, and future injury 

9 to water rights based on aboriginal occu10 pancy of lands by allottees or their prede11 cessors arising from time immemorial, and 

12 thereafter, forever; and 

13 (III) injury to water rights for land 

14 within the Reservation resulting from the 

15 diversion, pumping, or use of water in a 

16 manner not in violation of or contrary to 

17 the terms, conditions, limitations, require18 ments, or provisions of the UVD agree19 ment; 

20 (iii)(I) past, present, and future 

21 claims arising out of or relating to the use 

22 of water rights appurtenant to NM 381 

23 acres, on the conditions that such water 

24 rights remain subject to the oversight and 

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

2 (1964), and that the State of New Mexico 

3 shall make available on request a copy of 

4 any records prepared pursuant to that de5 cree; and 

6 (II) past, present, and future claims 

7 arising out of or relating to the use of 

8 water rights for NM domestic purposes, on 

9 the conditions that such water rights re10 main subject to the oversight and reporting 

11 requirements set forth in the decree in Ari12 zona v. California, 376 U.S. 340 (1964), 

13 and that the State of New Mexico shall 

14 make available on request a copy of any 

15 records prepared pursuant to that decree; 

16 and 

17 (iv) past, present, and future claims 

18 arising out of or relating to the negotiation 

19 or execution of the UVD agreement, or the 

20 negotiation or enactment of titles I and II. 

21 (b) EFFECTIVENESS OF WAIVER AND RELEASES.—

22 (1) IN GENERAL.—The waivers under para23 graphs (1) and (3) through (6) of subsection (a) 

24 shall become effective on the enforceability date. 
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1 (2) CLAIMS FOR SUBSIDENCE.—The waiver 

2 under subsection (a)(2) shall become effective on 

3 execution of the waiver by—

4 (A) the Community, a Community mem5 ber, or an allottee; and 

6 (B) the United States, on behalf of the 

7 Community, a Community member, or an allot8 tee. 

9 (c) LIMITATION ON CLAIMS BY THE UNITED

10 STATES.—The United States shall not assert any claim 

11 against the State (or any agency or political subdivision 

12 of the State) or any other person, entity, or municipal or 

13 other corporation under Federal, State, or other law in 

14 the own right of the United States or on behalf of the 

15 Community, Community members, and allottees for any 

16 of the claims described in subsection (a). 

17 (d) ENFORCEABILITY DATE.—

18 (1) IN GENERAL.—This section takes effect on 

19 the date on which the Secretary publishes in the 

20 Federal Register a statement of findings that—

21 (A) to the extent the Gila River agreement 

22 conflicts with this title, the Gila River agree23 ment has been revised through an amendment 

24 to eliminate the conflict and the Gila River 
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1 agreement, so revised, has been executed by the 

2 Secretary and the Governor of the State; 

3 (B) the Secretary has fulfilled the require4 ments of—

5 (i) paragraphs (1)(A)(i) and (2) of 

6 subsection (a) and subsections (b) and (d) 

7 of section 104; and 

8 (ii) sections 204, 205, and 209(a); 

9 (C) the master agreement authorized, rati10 fied, and confirmed by section 106(a) has been 

11 executed by the parties to the master agree12 ment, and all conditions to the enforceability of 

13 the master agreement have been satisfied; 

14 (D) $53,000,000 has been identified and 

15 retained in the Lower Colorado River Basin De16 velopment Fund for the benefit of the Commu17 nity in accordance with section 107(b); 

18 (E) the State has appropriated and paid to 

19 the Community any amount to be paid under 

20 paragraph 27.4 of the Gila River agreement; 

21 (F) the Salt River Project has paid to the 

22 Community $500,000 under subparagraph 16.9 

23 of the Gila River agreement; 

24 (G) the judgments and decrees attached to 

25 the Gila River agreement as exhibits 25.11A 
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1 (Gila River adjudication proceedings) and 

2 25.11B (Globe Equity Decree proceedings) have 

3 been approved by the respective courts; 

4 (H) the dismissals attached to the Gila 

5 River agreement as exhibits 25.17.1A–C, 

6 25.17.2A–B, and 25.17.3A–B have been filed 

7 with the respective courts and any necessary 

8 dismissal orders entered; 

9 (I) legislation has been enacted by the 

10 State to—

11 (i) implement the Southside Replen12 ishment Program in accordance with sub13 paragraph 5.3 of the Gila River agreement; 

14 (ii) authorize the firming program re15 quired by section 105; and 

16 (iii) establish the Upper Gila River 

17 Watershed Maintenance Program in ac18 cordance with subparagraph 26.8.1 of the 

19 Gila River agreement; 

20 (J) the State has entered into an agree21 ment with the Secretary to carry out the obliga22 tion of the State under section 105(b)(2)(A); 

23 and 

24 (K) a final judgment has been entered in 

25 Central Arizona Water Conservation District v. 
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1 United States (No. CIV 95–625–TUC–

2 WDB(EHC), No. CIV 95–1720–PHX–EHC) 

3 (Consolidated Action) in accordance with the 

4 repayment stipulation. 

5 (2) FAILURE OF ENFORCEABILITY DATE TO

6 OCCUR.—If, because of the failure of the enforce7 ability date to occur by December 31, 2007, this sec8 tion does not become effective, the Community, 

9 Community members, and allottees, and the United 

10 States on behalf of the San Carlos Irrigation and 

11 Drainage District, the Community, Community 

12 members, and allottees, shall retain the right to as13 sert past, present, and future water rights claims, 

14 claims for injury to water rights, claims for injury 

15 to water quality, and claims for subsidence damage 

16 as to all land within the exterior boundaries of the 

17 Reservation, off-Reservation trust land, and fee 

18 land. 

19 SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R 

20 TRUST FUND. 

21 (a) ESTABLISHMENT.—There is established in the 

22 Treasury of the United States a trust fund to be known 

23 as the ‘‘Gila River Indian Community Water OM&R Trust 

24 Fund’’. 
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1 (b) DEPOSITS.—Of the amounts made available 

2 under paragraph (2)(B) of section 403(f) of the Colorado 

3 River Basin Project Act (43 U.S.C. 1543(f)), the Sec4 retary shall deposit $53,000,000 into the Water OM&R 

5 Fund. 

6 (c) MANAGEMENT.—Except as provided in subsection 

7 (f)(2)(A), the principal of the Water OM&R Fund, and 

8 any interest or income accruing on the principal, shall be 

9 managed in accordance with the American Indian Trust 

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

11 et seq.). 

12 (d) USE.—The principal of the Water OM&R Fund, 

13 and any interest or income accruing on the principal, shall 

14 be used by the Community as provided in the Gila River 

15 agreement to assist in paying the costs of operation, main16 tenance, and replacement costs associated with the deliv17 ery of CAP water for Community purposes. 

18 (e) WITHDRAWALS.—As provided in the American 

19 Indian Trust Fund Management Reform Act of 1994 (25 

20 U.S.C. 4001 et seq.), the Community may—

21 (1) withdraw amounts from the Water OM&R 

22 Fund; and 

23 (2) deposit the amounts in a private financial 

24 institution selected by agreement of the Community 

25 and the Secretary. 
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1 (f) LIMITATIONS.—

2 (1) NO DISTRIBUTION TO MEMBERS.—No part 

3 of the principal of the Water OM&R Fund, or the 

4 interest or income accruing on the principal, shall be 

5 distributed to any Community member on a per cap6 ita basis. 

7 (2) FUNDS NOT AVAILABLE UNTIL ENFORCE8 ABILITY DATE.—

9 (A) IN GENERAL.—Amounts in the Water 

10 OM&R Fund shall not be available for expendi11 ture or withdrawal by the Community until the 

12 enforceability date. 

13 (B) ASSETS.—On and after the enforce14 ability date, the assets of the Water OM&R 

15 Fund shall be the property of the Community. 

16 SEC. 209. SUBSIDENCE REMEDIATION PROGRAM. 

17 (a) IN GENERAL.—The Secretary shall establish a 

18 program under which the Bureau of Reclamation shall re19 pair and remediate subsidence damage and related dam20 age that occurs after the enforceability date. 

21 (b) DAMAGE.—Under the program, the Community, 

22 a Community member, or an allottee may submit to the 

23 Secretary a request for the repair or remediation of—

24 (1) subsidence damage; and 
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1 (2) damage to personal property caused by the 

2 settling of geologic strata or cracking in the earth’s 

3 surface of any length or depth, which settling or 

4 cracking is caused by pumping of underground 

5 water. 

6 (c) REPAIR OR REMEDIATION.—The Secretary shall 

7 perform the requested repair or remediation if—

8 (1) the Secretary determines that the Commu9 nity has not exceeded its right to withdraw under10 ground water under the Gila River agreement; and 

11 (2) the Community, Community member, or al12 lottee, and the Secretary as trustee for the Commu13 nity, Community member, or allottee, execute a 

14 waiver and release of claim in the form specified in 

15 exhibit 25.5.1, 25.5.2, or 25.5.3 to the Gila River 

16 agreement, as applicable, to become effective on sat17 isfactory completion of the requested repair or reme18 diation, as determined under the Gila River agree19 ment. 

20 (d) SPECIFIC SUBSIDENCE DAMAGE.—Notwith21 standing any other provision of this section, the Secretary, 

22 acting through the Commissioner of Reclamation, shall re23 pair, remediate, and rehabilitate the subsidence damage 

24 that has occurred to land within the Reservation, as speci25 fied in exhibit 29.21 to the Gila River agreement.
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1 SEC. 210. AFTER-ACQUIRED TRUST LAND. 

2 (a) REQUIREMENT OF ACT OF CONGRESS.—The 

3 Community may seek to have legal title to additional land 

4 in the State located outside the exterior boundaries of the 

5 Reservation taken into trust by the United States for the 

6 benefit of the Community pursuant only to an Act of Con7 gress enacted after the date of enactment of this Act spe8 cifically authorizing the transfer for the benefit of the 

9 Community. 

10 (b) WATER RIGHTS.—After-acquired trust land shall 

11 not include federally reserved rights to surface water or 

12 groundwater. 

13 (c) SENSE OF CONGRESS.—It is the sense of Con14 gress that future Acts of Congress authorizing land to be 

15 taken into trust under subsection (a) should provide that 

16 such land will have only such water rights and water use 

17 privileges as would be consistent with State water law and 

18 State water management policy. 

19 SEC. 211. REDUCTION OF WATER RIGHTS. 

20 (a) REDUCTION OF TBI ELIGIBLE ACRES.—

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

22 and as provided in the UVD agreement, the Sec23 retary shall assist in reducing the total water de24 mand for irrigation use in the upper valley of the 

25 Gila River by—
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1 (A) acquiring UV decreed water rights and 

2 extinguishing or severing and transferring those 

3 rights to the San Carlos Irrigation Project for 

4 the benefit of the Community and the San Car5 los Irrigation and Drainage District in accord6 ance with applicable law; and 

7 (B) entering into agreements regarding re8 duction of water demand through fallowing pro9 grams. 

10 (2) ACQUISITIONS.—

11 (A) REQUIRED PHASE I ACQUISITION.—

12 Not later than December 31 of the second cal13 endar year that begins after the enforceability 

14 date, the Secretary shall acquire the UV de15 creed water rights associated with 1,000 acres 

16 of land (other than special hot lands) that 

17 would have been included in the initial calcula18 tion of TBI eligible acres under the UVD 

19 agreement if the initial calculation of TBI eligi20 ble acres had been undertaken at the time of 

21 acquisition. 

22 (B) REQUIRED PHASE II ACQUISITION.—

23 (i) IN GENERAL.—Not later than De24 cember 31 of the sixth calendar year that 

25 begins after the enforceability date, the 
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1 Secretary shall acquire the UV decreed 

2 water rights associated with 1,000 acres of 

3 land (other than special hot lands) that 

4 would have been included in the initial cal5 culation of TBI eligible acres under the 

6 UVD agreement if the initial calculation of 

7 TBI eligible acres had been undertaken at 

8 the time of the acquisition. 

9 (ii) REDUCTION.—The reduction of 

10 TBI eligible acres under clause (i) shall be 

11 in addition to that accomplished under 

12 subparagraph (A). 

13 (C) ADDITIONAL ACQUISITION IN CASE OF

14 SETTLEMENT.—If the San Carlos Apache Tribe 

15 reaches a comprehensive settlement with the 

16 UVD settling parties and other necessary par17 ties that is approved by Congress and finally 

18 approved by all courts the approval of which is 

19 required, not later than December 31 of the 

20 second calendar year that begins after the effec21 tive date of that settlement, the Secretary shall 

22 acquire the UV decreed water rights associated 

23 with not less than 500 nor more than 3,000 

24 TBI eligible acres of land (other than special 

25 hot lands). 
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1 (D) AMOUNT OF PAYMENT.—In deter2 mining the amount to be paid for water rights 

3 acquired pursuant to this paragraph, the Sec4 retary shall take into account the fact that land 

5 associated with those rights shall be subject to 

6 the phreatophyle control requirements as pro7 vided in the UVD agreement. 

8 (3) REDUCTION OF ACREAGE.—Simultaneously 

9 with the acquisition of UV decreed water rights 

10 under paragraph (2), the number of TBI eligible 

11 acres, but not the number of acres of UV subjugated 

12 land, shall be reduced by the number of acres associ13 ated with those UV decreed water rights. 

14 (4) ALTERNATIVES TO ACQUISITION.—

15 (A) SPECIAL HOT LANDS.—The Secretary 

16 may fulfill the requirements of subparagraphs 

17 (A) and (B) of paragraph (2), in full or in part, 

18 by entering into an agreement with an owner of 

19 special hot lands to prohibit permanently future 

20 irrigation of the special hot lands if the UVD 

21 settling parties simultaneously—

22 (i) acquire UV decreed water rights 

23 associated with a like number of UV de24 creed acres that are not TBI eligible acres; 

25 and 
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1 (ii) sever and transfer those rights to 

2 the San Carlos Irrigation Project for the 

3 benefit of the Community and the San 

4 Carlos Irrigation and Drainage District. 

5 (B) FALLOWING AGREEMENT.—The Sec6 retary may carry out all or any portion of the 

7 responsibilities of the Secretary under subpara8 graphs (A) and (B) of paragraph (2) by enter9 ing into an agreement with 1 or more owners 

10 of UV decreed acres and the UV irrigation dis11 trict in which the acres are located, if any, 

12 under which—

13 (i) the number of TBI eligible acres is 

14 reduced; but 

15 (ii) the owner of the UV decreed acres 

16 subject to the reduction is permitted to pe17 riodically irrigate the UV decreed acres 

18 under a fallowing agreement authorized 

19 under the UVD agreement. 

20 (5) DISPOSITION OF ACQUIRED WATER

21 RIGHTS.—

22 (A) IN GENERAL.—Of the UV decreed 

23 water rights acquired by the Secretary pursuant 

24 to subparagraphs (A) and (B) of paragraph (2), 
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1 the Secretary shall, in accordance with all appli2 cable law and the UVD agreement—

3 (i) sever, and transfer to the San Car4 los Irrigation Project for the benefit of the 

5 Community and the San Carlos Irrigation 

6 and Drainage District, the UV decreed 

7 water rights associated with up to 900 UV 

8 decreed acres; and 

9 (ii) extinguish the balance of the UV 

10 decreed water rights so acquired (except 

11 and only to the extent that those rights are 

12 associated with a fallowing agreement au13 thorized under paragraph (4)(B)). 

14 (B) SAN CARLOS APACHE SETTLEMENT.—

15 With respect to water rights acquired by the 

16 Secretary pursuant to paragraph (2)(C), the 

17 Secretary shall, in accordance with applicable 

18 law—

19 (i) sever and transfer to the San Car20 los Irrigation Project, for the benefit of the 

21 Community and the San Carlos Irrigation 

22 and Drainage District, the UV decreed 

23 water rights associated with 200 UV de24 creed acres; 
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1 (ii) extinguish the UV decreed water 

2 rights associated with 300 UV decreed 

3 acres; and 

4 (iii) transfer the balance of those ac5 quired water rights to the San Carlos 

6 Apache Tribe pursuant to the terms of the 

7 settlement described in paragraph (2)(C). 

8 (b) ADDITIONAL REDUCTIONS.—

9 (1) COOPERATIVE PROGRAM.—In addition to 

10 the reduction of TBI eligible acres to be accom11 plished under subsection (a), not later than 1 year 

12 after the enforceability date, the Secretary and the 

13 UVD settling parties shall cooperatively establish a 

14 program to purchase and extinguish UV decreed 

15 water rights associated with UV decreed acres that 

16 have not been recently irrigated. 

17 (2) FOCUS.—The primary focus of the program 

18 under paragraph (1) shall be to prevent any land 

19 that contains riparian habitat from being reclaimed 

20 for irrigation. 

21 (3) FUNDS AND RESOURCES.—The program 

22 under this subsection shall not require any expendi23 ture of funds, or commitment of resources, by the 

24 UVD settling parties other than such incidental ex25 penditures of funds and commitments of resources 
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1 as are required to cooperatively participate in the 

2 program. 

3 SEC. 212. MISCELLANEOUS PROVISIONS. 

4 (a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 

5 to the Gila River agreement brings an action in any court 

6 of the United States or any State court relating only and 

7 directly to the interpretation or enforcement of this title 

8 or the Gila River agreement (including enforcement of any 

9 indemnity provisions contained in the Gila River agree10 ment and enforcement of an arbitration award rendered 

11 pursuant to subparagraph 12.1.9 of the UVD agreement 

12 or a petition for and collection of attorney’s fees and costs 

13 pursuant to subparagraph 12.3 of the UVD agreement), 

14 and names the United States or the Community as a 

15 party—

16 (1) the United States, the Community, or both, 

17 may be joined in any such action; and 

18 (2) any claim by the United States or the Com19 munity to sovereign immunity from the action is 

20 waived, but only for the limited and sole purpose of 

21 such interpretation or enforcement (including any 

22 indemnity provisions contained in the Gila River 

23 agreement and enforcement of an arbitration award 

24 rendered pursuant to subparagraph 12.1.9 of the 

25 UVD agreement or a petition for and collection of 
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1 attorney’s fees and costs pursuant to subparagraph 

2 12.3 of the UVD agreement). 

3 (b) EFFECT OF ACT.—Nothing in this title quantifies 

4 or otherwise affects the water rights, or claims or entitle5 ments to water, of any Indian tribe, band, or community, 

6 other than the Community. 

7 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—

8 The United States shall not make a claim for reimburse9 ment of costs arising out of the implementation of this 

10 title or the Gila River agreement against any Indian11 owned land within the Reservation, and no assessment 

12 shall be made in regard to those costs against that land. 

13 (d) NO EFFECT ON FUTURE ALLOCATIONS.—Water 

14 received under a lease or exchange of Community CAP 

15 water under this title shall not affect any future allocation 

16 or reallocation of CAP water by the Secretary. 

17 (e) COMMUNITY REPAYMENT CONTRACT.—The Sec18 retary shall execute Amendment No. 1 to the Community 

19 repayment contract, attached as exhibit 8.1 to the Gila 

20 River agreement, to provide, among other things, that the 

21 costs incurred under that contract shall be nonreimburs22 able by the Community. 

23 (f) SALT RIVER PROJECT RIGHTS AND CON24 TRACTS.—
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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the agreement between the United States and the 

3 Salt River Valley Water Users’ Association dated 

4 September 6, 1917, and the rights of the Salt River 

5 Project to store water from the Salt River and Verde 

6 River at Roosevelt Dam, Horse Mesa Dam, Mormon 

7 Flat Dam, Stewart Mountain Dam, Horseshoe Dam, 

8 and Bartlett Dam and to deliver the stored water to 

9 shareholders of the Salt River Project and others for 

10 all beneficial uses and purposes recognized under 

11 State law and to the Community under the Gila 

12 River agreement, are authorized, ratified, and con13 firmed. 

14 (2) PRIORITY DATE; QUANTIFICATION.—The 

15 priority date and quantification of rights under the 

16 agreement described in paragraph (1) shall be deter17 mined in an appropriate proceeding in State court. 

18 (3) CARE, OPERATION, AND MAINTENANCE.—

19 The Salt River Project shall retain sole authority 

20 and responsibility for all decisions relating to the 

21 care, operation, and maintenance of the Salt River 

22 Project water delivery system, including the Salt 

23 River Project reservoirs on the Salt River and Verde 

24 River, vested in Salt River Project under the agree25 ment described in paragraph (1).
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1 (g) NEW MEXICO EXCHANGE.—Nothing in this Act 

2 affects or impairs the right of the State of New Mexico, 

3 or any water user in the State of New Mexico, to use Gila 

4 River water as provided by section 304 of the Colorado 

5 River Basin Project Act (43 U.S.C. 1524). 

6 (h) LIMITATION ON LIABILITY OF UNITED

7 STATES.—

8 (1) IN GENERAL.—The United States shall 

9 have no trust or other obligation—

10 (A) to monitor, administer, or account for, 

11 in any manner, any of the funds paid to the 

12 Community by any party to the Gila River 

13 agreement; or 

14 (B) to review or approve the expenditure of 

15 those funds. 

16 (2) INDEMNIFICATION.—The Community shall 

17 indemnify the United States, and hold the United 

18 States harmless, with respect to any and all claims 

19 (including claims for takings or breach of trust) 

20 arising out of the receipt or expenditure of funds de21 scribed in paragraph (1)(A). 

22 SEC. 213. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—

24 (1) REHABILITATION OF IRRIGATION WORKS.—
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1 (A) IN GENERAL.—There is authorized to 

2 be appropriated $52,396,000, adjusted to re3 flect changes since January 1, 2000, under sub4 paragraph (B) for the rehabilitation of irriga5 tion works under section 203(d)(4). 

6 (B) ADJUSTMENT.—The amount under 

7 subparagraph (A) shall be adjusted by such 

8 amounts, if any, as may be required by reason 

9 of changes in construction costs as indicated by 

10 engineering cost indices applicable to the types 

11 of construction required by the rehabilitation. 

12 (2) BUREAU OF RECLAMATION CONSTRUCTION

13 OVERSIGHT.—There are authorized to be appro14 priated such sums as are necessary for the Bureau 

15 of Reclamation to undertake the oversight of the 

16 construction projects authorized under section 203. 

17 (3) SUBSIDENCE REMEDIATION PROGRAM.—

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out the subsidence remedi20 ation program under section 209 (including such 

21 sums as are necessary, not to exceed $4,000,000, to 

22 carry out the subsidence remediation and repair re23 quired under section 209(d)). 

24 (4) WATER RIGHTS REDUCTION.—There are 

25 authorized to be appropriated such sums as are nec-
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1 essary to carry out the water rights reduction pro2 gram under section 211. 

3 (5) SAFFORD FACILITY.—There are authorized 

4 to be appropriated such sums as are necessary to—

5 (A) retire $13,900,000 of the debt in6 curred by Safford to pay costs associated with 

7 the construction of the Safford facility as iden8 tified in exhibit 26.1 to the Gila River agree9 ment; and 

10 (B) pay the interest accrued on that 

11 amount. 

12 (6) ENVIRONMENTAL COMPLIANCE.—There are 

13 authorized to be appropriated—

14 (A) such sums as are necessary to carry 

15 out—

16 (i) all necessary environmental compli17 ance activities and related preconstruction 

18 technical analyses associated with the Gila 

19 River agreement and this title; and 

20 (ii) any mitigation measures adopted 

21 by the Secretary; and 

22 (B) to carry out the mitigation measures 

23 in the Roosevelt Habitat Conservation Plan, not 

24 more than $10,000,000. 

25 (b) AUTHORIZED COSTS.—
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1 (1) IN GENERAL.—Amounts made available 

2 under subsection (a) shall be considered to be au3 thorized costs for purposes of paragraph (2)(D)(iii) 

4 of section 403(f) of the Colorado River Basin 

5 Project Act (43 U.S.C. 1543(f)) (as amended by sec6 tion 107(a)). 

7 (2) EXCEPTION.—Amounts made available 

8 under subsection (a)(4) to carry out section 211(b) 

9 shall not be considered to be authorized costs for 

10 purposes of section 403(f)(2)(D)(iii) of the Colorado 

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

12 1543(f)(2)(D)(iii)) (as amended by section 107(a)). 

13 SEC. 214. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 

14 If the Secretary does not publish a statement of find15 ings under section 207(d) by December 31, 2007—

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

17 2008, and any action taken by the Secretary and 

18 any contract entered under any provision of this title 

19 shall be void; 

20 (2) any amounts appropriated under para21 graphs (1) through (5) of section 213(a), together 

22 with any interest on those amounts, shall imme23 diately revert to the general fund of the Treasury;
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1 (3) any amounts made available under section 

2 213(b) that remain unexpended shall immediately 

3 revert to the general fund of the Treasury; and 

4 (4) any amounts paid by the Salt River Project 

5 in accordance with the Gila River agreement shall 

6 immediately be returned to the Salt River Project.

7 TITLE III—SOUTHERN ARIZONA 

8 WATER RIGHTS SETTLEMENT 

9 SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLE10 MENT. 

11 The Southern Arizona Water Rights Settlement Act 

12 of 1982 (96 Stat. 1274) is amended to read as follows: 

13 ‘‘TITLE III—SOUTHERN ARIZONA 

14 WATER RIGHTS SETTLEMENT 

15 ‘‘SEC. 301. SHORT TITLE. 

16 ‘‘This title may be cited as the ‘Southern Arizona 

17 Water Rights Settlement Amendments Act of 2003’. 

18 ‘‘SEC. 302. FINDINGS. 

19 ‘‘Congress finds that—

20 ‘‘(1) water rights claims within the San Xavier 

21 Reservation and the eastern Schuk Toak District of 

22 the Tohono O’odham Nation, including water rights 

23 claims of the Nation and allottees, are the subject of 

24 lawsuits pending against the United States and nu25 merous parties in southern Arizona (including min-
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1 ing companies, agricultural interests, and the city of 

2 Tucson); 

3 ‘‘(2) the lawsuits referred to in paragraph (1)—

4 ‘‘(A) are expensive and time-consuming for 

5 all participants; and 

6 ‘‘(B) threaten to cause profound adverse 

7 impacts on the health and development of the 

8 Indian and non-Indian economies of southern 

9 Arizona; 

10 ‘‘(3) the parties to the lawsuits referred to in 

11 paragraph (1) and other persons interested in the 

12 settlement of the water rights claims within the Tuc13 son management area have diligently attempted to 

14 settle those lawsuits; 

15 ‘‘(4) the requirements of paragraph (1) of sec16 tion 307(a) of the 1982 Act were met within 1 year 

17 of the date of enactment of that paragraph in that—

18 ‘‘(A) on October 11, 1983, the city of Tuc19 son, Arizona, and the United States entered 

20 into an agreement—

21 ‘‘(i) to make available to the Sec22 retary, for disposal in such manner as the 

23 Secretary determines appropriate, 28,200 

24 acre-feet of reclaimed water; and 
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1 ‘‘(ii) to permit the Secretary to pro2 vide terms and conditions under which the 

3 Secretary may relinquish to the city of 

4 Tucson, Arizona, such quantities of water 

5 as are not needed to carry out the duties 

6 of the Secretary under the 1982 Act; 

7 ‘‘(B)(i) on October 11, 1983, the city of 

8 Tucson, Arizona, the State, and other parties 

9 entered into an agreement with the United 

10 States to establish a cooperative fund; and 

11 ‘‘(ii) contributions to that fund that were 

12 required to be made in accordance with section 

13 313 of the 1982 Act were subsequently made; 

14 ‘‘(C) on October 11, 1983, the Nation en15 tered into an agreement with the United States 

16 in compliance with section 307(a)(1)(C) of the 

17 1982 Act; 

18 ‘‘(D) in the agreement of October 11, 

19 1983, between the Nation and the United 

20 States, the Nation executed a waiver and re21 lease in compliance with section 307(a)(1)(D) 

22 of the 1982 Act; 

23 ‘‘(5) by providing the assistance specified in 

24 this title, the United States will enable the imple-
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1 mentation of a settlement of the lawsuits referred to 

2 in paragraph (1); 

3 ‘‘(6) it is in the long term interest of the 

4 United States, the State, the Nation, the San Xavier 

5 District and Schuk Toak District of the Nation, and 

6 the non-Indian community of southern Arizona, that 

7 the United States assist in the implementation of a 

8 fair and equitable settlement of the water rights 

9 claims of the Nation and allottees; and 

10 ‘‘(7) the settlement provided for under this title 

11 will—

12 ‘‘(A) provide flexibility in the management 

13 of water resources; 

14 ‘‘(B) encourage the allocation of water re15 sources in accordance with the best uses of the 

16 resources; 

17 ‘‘(C) promote the conservation and man18 agement of water resources; and 

19 ‘‘(D) carry out the trust responsibility of 

20 the United States with respect to—

21 ‘‘(i) the Nation; and 

22 ‘‘(ii) the allottees. 

23 ‘‘SEC. 303. DEFINITIONS. 

24 ‘‘In this title: 
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1 ‘‘(1) ACRE-FOOT.—The term ‘acre-foot’ means 

2 the quantity of water necessary to cover 1 acre of 

3 land to a depth of 1 foot. 

4 ‘‘(2) ADAMS CASE.—The term ‘Adams case’ 

5 means Adams v. United States (Civ. No. 93–240 

6 TUC FRZ (D. Ariz., filed January 25, 1993)). 

7 ‘‘(3) AFTER-ACQUIRED TRUST LAND.—The 

8 term ‘after-acquired trust land’ means land that—

9 ‘‘(A) is located—

10 ‘‘(i) within the State; but 

11 ‘‘(ii) outside the exterior boundaries of 

12 the Nation’s Reservation; and 

13 ‘‘(B) is taken into trust by the United 

14 States for the benefit of the Nation after the 

15 enforceability date. 

16 ‘‘(4) AGREEMENT OF DECEMBER 11, 1980.—The 

17 term ‘agreement of December 11, 1980’ means the 

18 contract for delivery of Central Arizona Project 

19 water entered into by the United States and the Na20 tion on December 11, 1980. 

21 ‘‘(5) AGREEMENT OF OCTOBER 11, 1983.—The 

22 term ‘agreement of October 11, 1983’ means the 

23 contract for the provision of water and the settle24 ment of claims to water under the 1982 Act entered 
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1 into by the United States and the Nation on October 

2 11, 1983. 

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

4 person that holds a beneficial real property interest 

5 in an Indian allotment that is—

6 ‘‘(A) located within the Reservation; and 

7 ‘‘(B) held in trust by the United States. 

8 ‘‘(7) ALLOTTEE CLASS.—The term ‘allottee 

9 class’ means an applicable plaintiff class certified by 

10 the court of jurisdiction in—

11 ‘‘(A) the Alvarez case; or 

12 ‘‘(B) the Tucson case. 

13 ‘‘(8) ALVAREZ CASE.—The term ‘Alvarez case’ 

14 means the first through fourth causes of action of 

15 the third amended complaint in Alvarez v. City of 

16 Tucson (Civ. No. 93–039 TUC FRZ (D. Ariz., filed 

17 April 21, 1993)). 

18 ‘‘(9) APPLICABLE LAW.—The term ‘applicable 

19 law’ means any applicable Federal, State, tribal, or 

20 local law. 

21 ‘‘(10) ASARCO.—The term ‘Asarco’ means 

22 Asarco Incorporated, a New Jersey corporation of 

23 that name, and its subsidiaries operating mining op24 erations in the State. 
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1 ‘‘(11) ASARCO AGREEMENT.—The term ‘Asarco 

2 agreement’ means the agreement by that name at3 tached to the Tohono O’odham settlement agreement 

4 as exhibit 13.1. 

5 ‘‘(12) CAP REPAYMENT CONTRACT.—

6 ‘‘(A) IN GENERAL.—The term ‘CAP repay7 ment contract’ means the contract dated De8 cember 1, 1988 (Contract No. 14–06–W–245, 

9 Amendment No. 1) between the United States 

10 and the Central Arizona Water Conservation 

11 District for the delivery of water and the repay12 ment of costs of the Central Arizona Project. 

13 ‘‘(B) INCLUSIONS.—The term ‘CAP repay14 ment contract’ includes all amendments to and 

15 revisions of that contract. 

16 ‘‘(13) CENTRAL ARIZONA PROJECT.—The term 

17 ‘Central Arizona Project’ means the reclamation 

18 project authorized and constructed by the United 

19 States in accordance with title III of the Colorado 

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

21 ‘‘(14) CENTRAL ARIZONA PROJECT LINK PIPE22 LINE.—The term ‘Central Arizona Project link pipe23 line’ means the pipeline extending from the Tucson 

24 Aqueduct of the Central Arizona Project to a point 

25 within the cooperative farm. 
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1 ‘‘(15) CENTRAL ARIZONA PROJECT SERVICE

2 AREA.—The term ‘Central Arizona Project service 

3 area’ means—

4 ‘‘(A) the geographical area comprised of 

5 Maricopa, Pinal, and Pima Counties, Arizona, 

6 in which the Central Arizona Water Conserva7 tion District delivers Central Arizona Project 

8 water; and 

9 ‘‘(B) any expansion of that area under ap10 plicable law. 

11 ‘‘(16) CENTRAL ARIZONA WATER CONSERVA12 TION DISTRICT.—The term ‘Central Arizona Water 

13 Conservation District’ means the political subdivi14 sion of the State that is the contractor under the 

15 CAP repayment contract. 

16 ‘‘(17) COOPERATIVE FARM.—The term ‘cooper17 ative farm’ means the farm on land served by an ir18 rigation system and the extension of the irrigation 

19 system provided for under paragraphs (1) and (2) of 

20 section 304(c). 

21 ‘‘(18) COOPERATIVE FUND.—The term ‘cooper22 ative fund’ means the cooperative fund established 

23 by section 313 of the 1982 Act and reauthorized by 

24 section 310. 

25 ‘‘(19) DELIVERY AND DISTRIBUTION SYSTEM.—
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1 ‘‘(A) IN GENERAL.—The term ‘delivery 

2 and distribution system’ means—

3 ‘‘(i) the Central Arizona Project aque4 duct; 

5 ‘‘(ii) the Central Arizona Project link 

6 pipeline; and 

7 ‘‘(iii) the pipelines, canals, aqueducts, 

8 conduits, and other necessary facilities for 

9 the delivery of water under the Central Ar10 izona Project. 

11 ‘‘(B) INCLUSIONS.—The term ‘delivery and 

12 distribution system’ includes pumping facilities, 

13 power plants, and electric power transmission 

14 facilities external to the boundaries of any farm 

15 to which the water is distributed. 

16 ‘‘(20) EASTERN SCHUK TOAK DISTRICT.—The 

17 term ‘eastern Schuk Toak District’ means the por18 tion of the Schuk Toak District (1 of 11 political 

19 subdivisions of the Nation established under the con20 stitution of the Nation) that is located within the 

21 Tucson management area. 

22 ‘‘(21) ENFORCEABILITY DATE.—The term ‘en23 forceability date’ means the date on which title III 

24 of the Arizona Water Settlements Act takes effect 
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1 (as described in section 302(b) of the Arizona Water 

2 Settlements Act). 

3 ‘‘(22) EXEMPT WELL.—The term ‘exempt well’ 

4 means a water well—

5 ‘‘(A) the maximum pumping capacity of 

6 which is not more than 35 gallons per minute; 

7 and 

8 ‘‘(B) the water from which is used for—

9 ‘‘(i) the supply, service, or activities of 

10 households or private residences; 

11 ‘‘(ii) landscaping; 

12 ‘‘(iii) livestock watering; or 

13 ‘‘(iv) the irrigation of not more than 

14 2 acres of land for the production of 1 or 

15 more agricultural or other commodities 

16 for—

17 ‘‘(I) sale; 

18 ‘‘(II) human consumption; or 

19 ‘‘(III) use as feed for livestock or 

20 poultry. 

21 ‘‘(23) FEE OWNER OF ALLOTTED LAND.—The 

22 term ‘fee owner of allotted land’ means a person 

23 that holds fee simple title in real property on the 

24 Reservation that, at any time before the date on 

25 which the person acquired fee simple title, was held 
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1 in trust by the United States as an Indian allot2 ment. 

3 ‘‘(24) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 ‘‘(25) INJURY TO WATER QUALITY.—The term 

8 ‘injury to water quality’ means any contamination, 

9 diminution, or deprivation of water quality under ap10 plicable law. 

11 ‘‘(26) INJURY TO WATER RIGHTS.—

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

13 water rights’ means an interference with, dimi14 nution of, or deprivation of water rights under 

15 applicable law. 

16 ‘‘(B) INCLUSION.—The term ‘injury to 

17 water rights’ includes a change in the under18 ground water table and any effect of such a 

19 change. 

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

21 water rights’ does not include subsidence dam22 age or injury to water quality. 

23 ‘‘(27) IRRIGATION SYSTEM.—

24 ‘‘(A) IN GENERAL.—The term ‘irrigation 

25 system’ means canals, laterals, ditches, sprin-
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1 klers, bubblers, and other irrigation works used 

2 to distribute water within the boundaries of a 

3 farm. 

4 ‘‘(B) INCLUSIONS.—The term ‘irrigation 

5 system’, with respect to the cooperative farm, 

6 includes activities, procedures, works, and de7 vices for—

8 ‘‘(i) rehabilitation of fields; 

9 ‘‘(ii) remediation of sinkholes, sinks, 

10 depressions, and fissures; and 

11 ‘‘(iii) stabilization of the banks of the 

12 Santa Cruz River. 

13 ‘‘(28) LOWER COLORADO RIVER BASIN DEVEL14 OPMENT FUND.—The term ‘Lower Colorado River 

15 Basin Development Fund’ means the fund estab16 lished by section 403 of the Colorado River Basin 

17 Project Act (43 U.S.C. 1543). 

18 ‘‘(29) M&I PRIORITY WATER.—The term ‘M&I 

19 priority water’ means Central Arizona Project water 

20 that has municipal and industrial priority. 

21 ‘‘(30) NATION.—The term ‘Nation’ means the 

22 Tohono O’odham Nation (formerly known as the 

23 Papago Tribe) organized under a constitution ap24 proved in accordance with section 16 of the Act of 

25 June 18, 1934 (25 U.S.C. 476). 
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1 ‘‘(31) NATION’S RESERVATION.—The term ‘Na2 tion’s Reservation’ means all land within the exterior 

3 boundaries of—

4 ‘‘(A) the Sells Tohono O’odham Reserva5 tion established by the Executive order of Feb6 ruary 1, 1917, and the Act of February 21, 

7 1931 (46 Stat. 1202, chapter 267); 

8 ‘‘(B) the San Xavier Reservation estab9 lished by the Executive order of July 1, 1874; 

10 ‘‘(C) the Gila Bend Indian Reservation es11 tablished by the Executive order of December 

12 12, 1882, and modified by Executive order of 

13 June 17, 1909; 

14 ‘‘(D) the Florence Village established by 

15 Public Law 95–361 (92 Stat. 595); 

16 ‘‘(E) all land acquired in accordance with 

17 the Gila Bend Indian Reservation Lands Re18 placement Act (100 Stat. 1798), if title to the 

19 land is held in trust by the Secretary for the 

20 benefit of the Nation; and 

21 ‘‘(F) all other land to which the United 

22 States holds legal title in trust for the benefit 

23 of the Nation and that is added to the Nation’s 

24 Reservation or granted reservation status in ac-
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1 cordance with applicable Federal law before the 

2 enforceability date. 

3 ‘‘(32) NET IRRIGABLE ACRES.—The term ‘net 

4 irrigable acres’ means, with respect to a farm, the 

5 acreage of the farm that is suitable for agriculture, 

6 as determined by the Nation. 

7 ‘‘(33) NIA PRIORITY WATER.—The term ‘NIA 

8 priority water’ means Central Arizona Project water 

9 that has non-Indian agricultural priority. 

10 ‘‘(34) SAN XAVIER ALLOTTEES ASSOCIATION.—

11 The term ‘San Xavier Allottees Association’ means 

12 the nonprofit corporation established under State 

13 law for the purpose of representing and advocating 

14 the interests of allottees. 

15 ‘‘(35) SAN XAVIER COOPERATIVE ASSOCIA16 TION.—The term ‘San Xavier Cooperative Associa17 tion’ means the entity chartered under the laws of 

18 the Nation (or a successor of that entity) that is a 

19 lessee of land within the cooperative farm. 

20 ‘‘(36) SAN XAVIER DISTRICT.—The term ‘San 

21 Xavier District’ means the district of that name, 1 

22 of 11 political subdivisions of the Nation established 

23 under the constitution of the Nation. 

24 ‘‘(37) SAN XAVIER DISTRICT COUNCIL.—The 

25 term ‘San Xavier District Council’ means the gov-
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1 erning body of the San Xavier District, as estab2 lished under the constitution of the Nation. 

3 ‘‘(38) SAN XAVIER RESERVATION.—The term 

4 ‘San Xavier Reservation’ means the San Xavier In5 dian Reservation established by the Executive order 

6 of July 1, 1874. 

7 ‘‘(39) SCHUK TOAK FARM.—The term ‘Schuk 

8 Toak Farm’ means a farm constructed in the east9 ern Schuk Toak District served by the irrigation sys10 tem provided for under section 304(c)(4). 

11 ‘‘(40) SECRETARY.—The term ‘Secretary’ 

12 means the Secretary of the Interior. 

13 ‘‘(41) STATE.—The term ‘State’ means the 

14 State of Arizona. 

15 ‘‘(42) SUBJUGATE.—The term ‘subjugate’ 

16 means to prepare land for agricultural use through 

17 irrigation. 

18 ‘‘(43) SUBSIDENCE DAMAGE.—The term ‘sub19 sidence damage’ means injury to land, water, or 

20 other real property resulting from the settling of 

21 geologic strata or grading in the surface of the earth 

22 of any length or depth, which settling or cracking is 

23 caused by the pumping of water.
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1 ‘‘(44) SURFACE WATER.—The term ‘surface 

2 water’ means all water that is appropriable under 

3 State law. 

4 ‘‘(45) TOHONO O’ODHAM SETTLEMENT AGREE5 MENT.—The term ‘Tohono O’odham settlement 

6 agreement’ means the agreement (including all ex7 hibits of and attachments to the agreement) that 

8 settles, and provides for the dismissal with prejudice 

9 of, the claims asserted in the Adams case, the Alva10 rez case, and the Tucson case, as executed by the 

11 parties to those cases and filed with the court of ju12 risdiction. 

13 ‘‘(46) TUCSON CASE.—The term ‘Tucson case’ 

14 means United States et al. v. City of Tucson, et al. 

15 (Civ. No. 75–39 TUC consol. with Civ. No. 75–51 

16 TUC FRZ (D. Ariz., filed February 20, 1975)). 

17 ‘‘(47) TUCSON INTERIM WATER LEASE.—The 

18 term ‘Tucson interim water lease’ means the lease, 

19 and any amendments and extensions of the lease, 

20 between the city of Tucson, Arizona, and the Nation, 

21 dated October 24, 1992. 

22 ‘‘(48) TUCSON MANAGEMENT AREA.—The term 

23 ‘Tucson management area’ means the area in the 

24 State comprised of—

25 ‘‘(A) the area—
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1 ‘‘(i) designated as the Tucson Active 

2 Management Area under the Arizona 

3 Groundwater Management Act of 1980 

4 (1980 Ariz. Sess. Laws 1); and 

5 ‘‘(ii) subsequently divided into the 

6 Tucson Active Management Area and the 

7 Santa Cruz Active Management Area 

8 (1994 Ariz. Sess. Laws 296); and 

9 ‘‘(B) the portion of the Upper Santa Cruz 

10 Basin that is not located within the area de11 scribed in subparagraph (A)(i). 

12 ‘‘(49) TURNOUT.—The term ‘turnout’ means a 

13 point of water delivery on the Central Arizona 

14 Project aqueduct. 

15 ‘‘(50) UNDERGROUND STORAGE.—The term 

16 ‘underground storage’ means storage of water ac17 complished under a project authorized under section 

18 308(e). 

19 ‘‘(51) UNITED STATES AS TRUSTEE.—The term 

20 ‘United States as Trustee’ means the United States, 

21 acting on behalf of the Nation and allottees, but in 

22 no other capacity. 

23 ‘‘(52) VALUE.—The term ‘value’ means the 

24 value attributed to water based on the greater of—
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1 ‘‘(A) the anticipated or actual use of the 

2 water; or 

3 ‘‘(B) the fair market value of the water. 

4 ‘‘(53) WATER RIGHT.—The term ‘water right’ 

5 means any right in or to groundwater, surface 

6 water, or effluent under applicable law. 

7 ‘‘(54) 1982 ACT.—The term ‘1982 Act’ means 

8 the Southern Arizona Water Rights Settlement Act 

9 of 1982 (96 Stat. 1274; 106 Stat. 3256), as in ef10 fect on the day before the enforceability date. 

11 ‘‘SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGA12 TIONS. 

13 ‘‘(a) WATER DELIVERY.—The Secretary shall deliver 

14 from the main project works of the Central Arizona 

15 Project, a total of 37,800 acre-feet of water suitable for 

16 agricultural use, of which—

17 ‘‘(1) 27,000 acre-feet shall—

18 ‘‘(A) be deliverable for use to the San Xa19 vier Reservation; or 

20 ‘‘(B) otherwise be used in accordance with 

21 section 309; and 

22 ‘‘(2) 10,800 acre-feet shall—

23 ‘‘(A) be deliverable for use to the eastern 

24 Schuk Toak District; or 
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1 ‘‘(B) otherwise be used in accordance with 

2 section 309. 

3 ‘‘(b) DELIVERY AND DISTRIBUTION SYSTEMS.—The 

4 Secretary shall (without cost to the Nation, any allottee, 

5 the San Xavier Cooperative Association, or the San Xavier 

6 Allottees Association), as part of the main project works 

7 of the Central Arizona Project, design, construct, operate, 

8 maintain, and replace the delivery and distribution sys9 tems necessary to deliver the water described in subsection 

10 (a). 

11 ‘‘(c) DUTIES OF THE SECRETARY.—

12 ‘‘(1) COMPLETION OF DELIVERY AND DIS13 TRIBUTION SYSTEM AND IMPROVEMENT TO EXIST14 ING IRRIGATION SYSTEM.—Except as provided in 

15 subsection (d), not later than 8 years after the en16 forceability date, the Secretary shall complete the 

17 design and construction of improvements to the irri18 gation system that serves the cooperative farm. 

19 ‘‘(2) EXTENSION OF EXISTING IRRIGATION SYS20 TEM WITHIN THE SAN XAVIER RESERVATION.—

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subsection (d), not later than 8 years after the 

23 enforceability date, in addition to the improve24 ments described in paragraph (1), the Secretary 

25 shall complete the design and construction of 
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1 the extension of the irrigation system for the 

2 cooperative farm. 

3 ‘‘(B) CAPACITY.—On completion of the ex4 tension, the extended cooperative farm irriga5 tion system shall serve 2,300 net irrigable acres 

6 on the San Xavier Reservation, unless the Sec7 retary and the San Xavier Cooperative Associa8 tion agree on fewer net irrigable acres. 

9 ‘‘(3) CONSTRUCTION OF NEW FARM.—

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subsection (d), not later than 8 years after the 

12 enforceability date, the Secretary shall—

13 ‘‘(i) design and construct within the 

14 San Xavier Reservation such additional ca15 nals, laterals, farm ditches, and irrigation 

16 works as are necessary for the efficient dis17 tribution for agricultural purposes that 

18 portion of the 27,000 acre-feet annually of 

19 water described in subsection (a)(1) that is 

20 not required for the irrigation systems de21 scribed in paragraphs (1) and (2) of sub22 section (c); or 

23 ‘‘(ii) in lieu of the actions described in 

24 clause (i), pay to the San Xavier District 

25 $18,300,000 in full satisfaction of the obli-
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1 gations of the United States described in 

2 clause (i).

3 ‘‘(B) ELECTION.—

4 ‘‘(i) IN GENERAL.—The San Xavier 

5 District Council may make a nonrevocable 

6 election whether to receive the benefits de7 scribed under subparagraph (A) by noti8 fying the Secretary by not later than 180 

9 days after the enforceability date, by writ10 ten and certified resolution of the San Xa11 vier District Council. 

12 ‘‘(ii) NO RESOLUTION.—If the Sec13 retary does not receive such a resolution by 

14 the deadline specified in clause (i), the Sec15 retary shall pay $18,300,000 to the San 

16 Xavier District in lieu of carrying out the 

17 obligations of the United States under sub18 paragraph (A)(i). 

19 ‘‘(C) SOURCE OF FUNDS AND TIME OF

20 PAYMENT.—

21 ‘‘(i) IN GENERAL.—Payment of 

22 $18,300,000 under this paragraph shall be 

23 made by the Secretary from the Lower 

24 Colorado River Basin Development 

25 Fund—
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1 ‘‘(I) not later than 60 days after 

2 an election described in subparagraph 

3 (B) is made (if such an election is 

4 made); or 

5 ‘‘(II) not later than 240 days 

6 after the enforceability date, if no 

7 timely election is made. 

8 ‘‘(ii) PAYMENT FOR ADDITIONAL

9 STRUCTURES.—Payment of amounts nec10 essary to design and construct such addi11 tional canals, laterals, farm ditches, and ir12 rigation works as are described in subpara13 graph (A)(i) shall be made by the Sec14 retary from the Lower Colorado River 

15 Basin Development Fund, if an election is 

16 made to receive the benefits under sub17 paragraph (A)(i). 

18 ‘‘(4) IRRIGATION AND DELIVERY AND DIS19 TRIBUTION SYSTEMS IN THE EASTERN SCHUK TOAK

20 DISTRICT.—Except as provided in subsection (d), 

21 not later than 1 year after the enforceability date, 

22 the Secretary shall complete the design and con23 struction of an irrigation system and delivery and 

24 distribution system to serve the farm that is con25 structed in the eastern Schuk Toak District. 
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1 ‘‘(d) EXTENSION OF DEADLINES.—

2 ‘‘(1) IN GENERAL.—The Secretary may extend 

3 a deadline under subsection (c) if the Secretary de4 termines that compliance with the deadline is im5 practicable by reason of—

6 ‘‘(A) a material breach by a contractor of 

7 a contract that is relevant to carrying out a 

8 project or activity described in subsection (c); 

9 ‘‘(B) the inability of such a contractor, 

10 under such a contract, to carry out the contract 

11 by reason of force majeure, as defined by the 

12 Secretary in the contract; 

13 ‘‘(C) unavoidable delay in compliance with 

14 applicable Federal and tribal laws, as deter15 mined by the Secretary, including—

16 ‘‘(i) the Endangered Species Act of 

17 1973 (16 U.S.C. 1531 et seq.); and 

18 ‘‘(ii) the National Environmental Pol19 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

20 or 

21 ‘‘(D) stoppage in work resulting from the 

22 assessment of a tax or fee that is alleged in any 

23 court of jurisdiction to be confiscatory or dis24 criminatory. 
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1 ‘‘(2) NOTICE OF FINDING.—If the Secretary ex2 tends a deadline under paragraph (1), the Secretary 

3 shall—

4 ‘‘(A) publish a notice of the extension in 

5 the Federal Register; and 

6 ‘‘(B)(i) include in the notice an estimate of 

7 such additional period of time as is necessary to 

8 complete the project or activity that is the sub9 ject of the extension; and 

10 ‘‘(ii) specify a deadline that provides for a 

11 period for completion of the project before the 

12 end of the period described in clause (i). 

13 ‘‘(e) AUTHORITY OF SECRETARY.—

14 ‘‘(1) IN GENERAL.—In carrying out this title, 

15 after providing reasonable notice to the Nation, the 

16 Secretary, in compliance with all applicable law, may 

17 enter, construct works on, and take such other ac18 tions as are related to the entry or construction on 

19 land within the San Xavier District and the Schuk 

20 Toak District. 

21 ‘‘(2) EFFECT ON FEDERAL ACTIVITY.—Nothing 

22 in this subsection affects the authority of the United 

23 States, or any Federal officer, agent, employee, or 

24 contractor, to conduct official Federal business or 

25 carry out any Federal duty (including any Federal 
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1 business or duty under this title) on land within the 

2 eastern Schuk Toak District or the San Xavier Dis3 trict. 

4 ‘‘(f) USE OF FUNDS.—

5 ‘‘(1) IN GENERAL.—With respect to any funds 

6 received under subsection (c)(3)(A), the San Xavier 

7 District—

8 ‘‘(A) shall hold the funds in trust, and in9 vest the funds in interest-bearing deposits and 

10 securities, until expended; 

11 ‘‘(B) may expend the principal of the 

12 funds, and any interest and dividends that ac13 crue on the principal, only in accordance with 

14 a budget that is—

15 ‘‘(i) authorized by the San Xavier 

16 District Council; and 

17 ‘‘(ii) approved by resolution of the 

18 Legislative Council of the Nation; and 

19 ‘‘(C) shall expend the funds—

20 ‘‘(i) for any subjugation of land, de21 velopment of water resources, or construc22 tion, operation, maintenance, or replace23 ment of facilities within the San Xavier 

24 Reservation that is not required to be car-
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1 ried out by the United States under this 

2 title or any other provision of law; 

3 ‘‘(ii) to provide governmental services, 

4 including—

5 ‘‘(I) programs for senior citizens; 

6 ‘‘(II) health care services; 

7 ‘‘(III) education; 

8 ‘‘(IV) economic development 

9 loans and assistance; and 

10 ‘‘(V) legal assistance programs; 

11 ‘‘(iii) to provide benefits to allottees; 

12 ‘‘(iv) to pay the costs of activities of 

13 the San Xavier Allottees Association; or 

14 ‘‘(v) to pay any administrative costs 

15 incurred by the Nation or the San Xavier 

16 District in conjunction with any of the ac17 tivities described in clauses (i) through 

18 (iv). 

19 ‘‘(2) NO LIABILITY OF SECRETARY; LIMITA20 TION.—

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 not—

23 ‘‘(i) be responsible for any review, ap24 proval, or audit of the use and expenditure 

25 of the funds described in paragraph (1); or 
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1 ‘‘(ii) be subject to liability for any 

2 claim or cause of action arising from the 

3 use or expenditure, by the Nation or the 

4 San Xavier District, of those funds. 

5 ‘‘(B) LIMITATION.—No portion of any 

6 funds described in paragraph (1) shall be used 

7 for per capita payments to any individual mem8 ber of the Nation or any allottee. 

9 ‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; AL10 TERNATIVE WATER SUPPLIES. 

11 ‘‘(a) DELIVERY OF WATER.—

12 ‘‘(1) IN GENERAL.—The Secretary shall deliver 

13 water from the main project works of the Central 

14 Arizona Project, in such quantities, and in accord15 ance with such terms and conditions, as are con16 tained in the agreement of December 11, 1980, the 

17 1982 Act, and the agreement of October 11, 1983, 

18 to 1 or more of—

19 ‘‘(A) the cooperative farm; 

20 ‘‘(B) the eastern Schuk Toak District; 

21 ‘‘(C) turnouts existing on the enforceability 

22 date; and 

23 ‘‘(D) any other point of delivery on the 

24 Central Arizona Project main aqueduct that is 

25 agreed to by—
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•HR 885 IH 

1 ‘‘(i) the Secretary; 

2 ‘‘(ii) the operator of the Central Ari3 zona Project; and 

4 ‘‘(iii) the Nation. 

5 ‘‘(2) DELIVERY.—The Secretary shall deliver 

6 the water covered by sections 304(a) and 306(a), or 

7 an equivalent quantity of water from a source identi8 fied under subsection (b)(1), notwithstanding—

9 ‘‘(A) any declaration by the Secretary of a 

10 water shortage on the Colorado River; or 

11 ‘‘(B) any other occurrence affecting water 

12 delivery caused by an act or omission of—

13 ‘‘(i) the Secretary; 

14 ‘‘(ii) the United States; or 

15 ‘‘(iii) any officer, employee, con16 tractor, or agent of the Secretary or 

17 United States. 

18 ‘‘(b) ACQUISITION OF LAND AND WATER.—

19 ‘‘(1) DELIVERY.—

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), if the Secretary, under the 

22 terms and conditions of the agreements referred 

23 to in subsection (a)(1), is unable, during any 

24 year, to deliver from the main project works of 

25 the Central Arizona Project any portion of the 
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•HR 885 IH 

1 quantity of water covered by sections 304(a) 

2 and 306(a), the Secretary shall identify, acquire 

3 and deliver an equivalent quantity of water 

4 from, any appropriate source. 

5 ‘‘(B) EXCEPTION.—The Secretary shall 

6 not acquire any water under subparagraph (A) 

7 through any transaction that would cause de8 pletion of groundwater supplies or aquifers in 

9 the San Xavier District or the eastern Schuk 

10 Toak District. 

11 ‘‘(2) PRIVATE LAND AND INTERESTS.—

12 ‘‘(A) ACQUISITION.—

13 ‘‘(i) IN GENERAL.—Subject to sub14 paragraph (B), the Secretary may acquire 

15 such private land, or interests in private 

16 land, that include rights in surface or 

17 groundwater recognized under State law, 

18 as are necessary for the acquisition and de19 livery of water under this subsection. 

20 ‘‘(ii) COMPLIANCE.—In acquiring 

21 rights in surface water under clause (i), 

22 the Secretary shall comply with all applica23 ble severance and transfer requirements 

24 under State law.
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•HR 885 IH 

1 ‘‘(B) PROHIBITION ON TAKING.—The Sec2 retary shall not acquire any land, water, water 

3 rights, or contract rights under subparagraph 

4 (A) without the consent of the owner of the 

5 land, water, water rights, or contract rights. 

6 ‘‘(C) PRIORITY.—In acquiring any private 

7 land or interest in private land under this para8 graph, the Secretary shall give priority to the 

9 acquisition of land on which water has been put 

10 to beneficial use during any 1-year period dur11 ing the 5-year period preceding the date of ac12 quisition of the land by the Secretary. 

13 ‘‘(3) DELIVERIES FROM ACQUIRED LAND.—De14 liveries of water from land acquired under paragraph 

15 (2) shall be made only to the extent that the water 

16 may be transported within the Tucson management 

17 area under applicable law. 

18 ‘‘(4) DELIVERY OF EFFLUENT.—

19 ‘‘(A) IN GENERAL.—Except on receipt of 

20 prior written consent of the Nation, the Sec21 retary shall not deliver effluent directly to the 

22 Nation under this subsection. 

23 ‘‘(B) NO SEPARATE DELIVERY SYSTEM.—

24 The Secretary shall not construct a separate de25 livery system to deliver effluent to the San Xa-
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•HR 885 IH 

1 vier Reservation or the eastern Schuk Toak 

2 District. 

3 ‘‘(C) NO IMPOSITION OF OBLIGATION.—

4 Nothing in this paragraph imposes any obliga5 tion on the United States to deliver effluent to 

6 the Nation. 

7 ‘‘(c) AGREEMENTS AND CONTRACTS.—To facilitate 

8 the delivery of water to the San Xavier Reservation and 

9 the eastern Schuk Toak District under this title, the Sec10 retary may enter into a contract or agreement with the 

11 State, an irrigation district or project, or entity—

12 ‘‘(1) for—

13 ‘‘(A) the exchange of water; or 

14 ‘‘(B) the use of aqueducts, canals, con15 duits, and other facilities (including pumping 

16 plants) for water delivery; or 

17 ‘‘(2) to use facilities constructed, in whole or in 

18 part, with Federal funds. 

19 ‘‘(d) COMPENSATION AND DISBURSEMENTS.—

20 ‘‘(1) COMPENSATION.—If the Secretary is un21 able to acquire and deliver sufficient quantities of 

22 water under section 304(a), this section, or section 

23 306(a), the Secretary shall provide compensation in 

24 accordance with paragraph (2) in amounts equal 

25 to—
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•HR 885 IH 

1 ‘‘(A)(i) the value of such quantities of 

2 water as are not acquired and delivered, if the 

3 delivery and distribution system for, and the 

4 improvements to, the irrigation system for the 

5 cooperative farm have not been completed by 

6 the deadline required under section 304(c)(1); 

7 or 

8 ‘‘(ii) the value of such quantities of water 

9 as—

10 ‘‘(I) are ordered by the Nation for use 

11 by the Cooperative Association in the irri12 gation system; but 

13 ‘‘(II) are not delivered in any calendar 

14 year; 

15 ‘‘(B)(i) the value of such quantities of 

16 water as are not acquired and delivered, if the 

17 extension of the irrigation system is not com18 pleted by the deadline required under section 

19 304(c)(2); or 

20 ‘‘(ii) the value of such quantities of water 

21 as—

22 ‘‘(I) are ordered by the Nation for use 

23 by the Cooperative Association in the ex24 tension to the irrigation system; but 
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•HR 885 IH 

1 ‘‘(II) are not delivered in any calendar 

2 year; and 

3 ‘‘(C)(i) the value of such quantities of 

4 water as are not acquired and delivered, if the 

5 irrigation system is not completed by the dead6 line required under section 304(c)(4); or 

7 ‘‘(ii) except as provided in clause (i), the 

8 value of such quantities of water as—

9 ‘‘(I) are ordered by the Nation for use 

10 in the irrigation system, or for use by any 

11 person or entity (other than the Coopera12 tive Association); but 

13 ‘‘(II) are not delivered in any calendar 

14 year. 

15 ‘‘(2) DISBURSEMENT.—Any compensation pay16 able under paragraph (1) shall be disbursed—

17 ‘‘(A) with respect to compensation payable 

18 under subparagraphs (A) and (B) of paragraph 

19 (1), to the Cooperative Association; and 

20 ‘‘(B) with respect to compensation payable 

21 under paragraph (1)(C), to the Nation for re22 tention by the Nation or disbursement to water 

23 users, under the provisions of the water code or 

24 other applicable laws of the Nation. 
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1 ‘‘(e) NO EFFECT ON WATER RIGHTS.—Nothing in 

2 this section authorizes the Secretary to acquire or other3 wise affect the water rights of any Indian tribe. 

4 ‘‘SEC. 306. ADDITIONAL WATER DELIVERY. 

5 ‘‘(a) IN GENERAL.—In addition to the delivery of 

6 water described in section 304(a), the Secretary shall de7 liver from the main project works of the Central Arizona 

8 Project, a total of 28,200 acre-feet of NIA priority water 

9 suitable for agricultural use, of which—

10 ‘‘(1) 23,000 acre-feet shall—

11 ‘‘(A) be delivered to, and used by, the San 

12 Xavier Reservation; or 

13 ‘‘(B) otherwise be used by the Nation in 

14 accordance with section 309; and 

15 ‘‘(2) 5,200 acre-feet shall—

16 ‘‘(A) be delivered to, and used by, the east17 ern Schuk Toak District; or 

18 ‘‘(B) otherwise be used by the Nation in 

19 accordance with section 309. 

20 ‘‘(b) STATE CONTRIBUTION.—To assist the Secretary 

21 in firming water under section 105(b)(1)(A) of the Ari22 zona Water Settlements Act, the State shall contribute 

23 $3,000,000—

24 ‘‘(1) in accordance with a schedule that is ac25 ceptable to the Secretary and the State; and
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•HR 885 IH 

1 ‘‘(2) in the form of cash or in-kind goods and 

2 services. 

3 ‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIV4 ERY, REVENUE SHARING. 

5 ‘‘(a) CONDITIONS ON ACTIONS OF SECRETARY.—The 

6 Secretary shall carry out section 304(c), subsections (a), 

7 (b), and (d) of section 305, and section 306, only if—

8 ‘‘(1) the Nation agrees—

9 ‘‘(A) except as provided in section 

10 308(f)(1), to limit the quantity of groundwater 

11 withdrawn by nonexempt wells from beneath 

12 the San Xavier Reservation to not more than 

13 10,000 acre-feet; 

14 ‘‘(B) except as provided in section 

15 308(f)(2), to limit the quantity of groundwater 

16 withdrawn by nonexempt wells from beneath 

17 the eastern Schuk Toak District to not more 

18 than 3,200 acre-feet; 

19 ‘‘(C) to comply with water management 

20 plans established by the Secretary under section 

21 308(d); 

22 ‘‘(D) to consent to the San Xavier District 

23 being deemed a tribal organization (as defined 

24 in section 900.6 of title 25, Code of Federal 

25 Regulations (or any successor regulations)) for 
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•HR 885 IH 

1 purposes identified in subparagraph (E)(iii)(I), 

2 as permitted with respect to tribal organizations 

3 under title I of the Indian Self-Determination 

4 and Education Assistance Act (25 U.S.C. 450 

5 et seq.); 

6 ‘‘(E) subject to compliance by the Nation 

7 with other applicable provisions of part 900 of 

8 title 25, Code of Federal Regulations (or any 

9 successor regulations), to consent to contracting 

10 by the San Xavier District under section 

11 311(b), on the conditions that—

12 ‘‘(i)(I) the plaintiffs in the Adams 

13 case, Alvarez case, and Tucson case have 

14 stipulated to the dismissal, with prejudice, 

15 of claims in those cases; and 

16 ‘‘(II) those cases have been dismissed 

17 with prejudice; 

18 ‘‘(ii) the San Xavier Cooperative Asso19 ciation has agreed to assume responsibility, 

20 after completion of each of the irrigation 

21 systems described in paragraphs (1), (2), 

22 and (3) of section 304(c) and on the deliv23 ery of water to those systems, for the oper24 ation, maintenance, and replacement of 

25 those systems in accordance with the first 
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•HR 885 IH 

1 section of the Act of August 1, 1914 (25 

2 U.S.C. 385); and 

3 ‘‘(iii) with respect to the consent of 

4 the Nation to contracting—

5 ‘‘(I) the consent is limited solely 

6 to contracts for—

7 ‘‘(aa) the design and con8 struction of the delivery and dis9 tribution system and the rehabili10 tation of the irrigation system for 

11 the cooperative farm; 

12 ‘‘(bb) the extension of the ir13 rigation system for the coopera14 tive farm; 

15 ‘‘(cc) the subjugation of land 

16 to be served by the extension of 

17 the irrigation system; 

18 ‘‘(dd) the design and con19 struction of storage facilities sole20 ly for water deliverable for use 

21 within the San Xavier Reserva22 tion; and 

23 ‘‘(ee) the completion by the 

24 Secretary of a water resources 

25 study of the San Xavier Reserva-
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•HR 885 IH 

1 tion and subsequent preparation 

2 of a water management plan 

3 under section 308(d); 

4 ‘‘(II) the Nation shall reserve the 

5 right to seek retrocession or re6 assumption of contracts described in 

7 subclause (I), and recontracting under 

8 subpart P and other applicable provi9 sions of part 900 of title 25, Code of 

10 Federal Regulations (or any successor 

11 regulations); 

12 ‘‘(III) the Nation, on granting 

13 consent to such contracting, shall be 

14 released from any responsibility, li15 ability, claim, or cost from and after 

16 the date on which consent is given, 

17 with respect to past action or inaction 

18 by the Nation, and subsequent action 

19 or inaction by the San Xavier Dis20 trict, relating to the design and con21 struction of irrigation systems for the 

22 cooperative farm or the Central Ari23 zona Project link pipeline; and 

24 ‘‘(IV) the Secretary shall, on the 

25 request of the Nation, execute a waiv-
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•HR 885 IH 

1 er and release to carry out subclause 

2 (III); 

3 ‘‘(F) to subjugate, at no cost to the United 

4 States, the land for which the irrigation sys5 tems under paragraphs (2) and (3) of section 

6 304(c) will be planned, designed, and con7 structed by the Secretary, on the condition 

8 that—

9 ‘‘(i) the obligation of the Nation to 

10 subjugate the land in the cooperative farm 

11 that is to be served by the extension of the 

12 irrigation system under section 304(c)(2) 

13 shall be determined by the Secretary, in 

14 consultation with the Nation and the San 

15 Xavier Cooperative Association; and 

16 ‘‘(ii) subject to approval by the Sec17 retary of a contract with the San Xavier 

18 District executed under section 311, to 

19 perform that subjugation, a determination 

20 by the Secretary of the subjugation costs 

21 under clause (i), and the provision of no22 tice by the San Xavier District to the Na23 tion at least 180 days before the date on 

24 which the District Council certifies by reso25 lution that the subjugation is scheduled to 
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•HR 885 IH 

1 commence, the Nation pays to the San Xa2 vier District, not later than 90 days before 

3 the date on which the subjugation is sched4 uled to commence, from the trust fund 

5 under section 315, or from other sources 

6 of funds held by the Nation, the amount 

7 determined by the Secretary under clause 

8 (i); and 

9 ‘‘(G) subject to valid existing rights, sec10 tion 7 of the Act of February 8, 1887 (25 

11 U.S.C. 381), this title, other applicable Federal 

12 law, a water management plan developed under 

13 section 308(d), and the water code and other 

14 applicable laws of the Nation, that the Na15 tion—

16 ‘‘(i) shall allocate as a first right of 

17 beneficial use by allottees, the San Xavier 

18 District, and other persons within the San 

19 Xavier Reservation—

20 ‘‘(I) 35,000 acre-feet of the 

21 50,000 acre-feet of water deliverable 

22 under sections 304(a)(1) and 

23 306(a)(1), including the use of the al24 location—
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•HR 885 IH 

1 ‘‘(aa) to fulfill the obliga2 tions prescribed in the Asarco 

3 agreement; and 

4 ‘‘(bb) for groundwater stor5 age, maintenance of instream 

6 flows, and maintenance of ripar7 ian vegetation and habitat; 

8 ‘‘(II) the 10,000 acre-feet of 

9 groundwater identified in subsection 

10 (a)(1)(A); 

11 ‘‘(III) the groundwater with12 drawn from exempt wells; 

13 ‘‘(IV) the deferred pumping stor14 age credits authorized by section 

15 308(f)(1)(B); and 

16 ‘‘(V) the storage credits resulting 

17 from a project authorized in section 

18 308(e) that cannot be lawfully trans19 ferred or otherwise disposed of to per20 sons for recovery outside the Nation’s 

21 Reservation; and 

22 ‘‘(ii) subject to section 309(b)(2), has 

23 the right—

24 ‘‘(I) to use, or authorize other 

25 persons or entities to use, any portion 
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•HR 885 IH 

1 of the allocation of 35,000 acre-feet of 

2 water deliverable under sections 

3 304(a)(1) and 306(a)(1) outside the 

4 San Xavier Reservation for any period 

5 during which there is no identified ac6 tual use of the water within the San 

7 Xavier Reservation; 

8 ‘‘(II) as a first right of use, to 

9 use the remaining acre-feet of water 

10 deliverable under sections 304(a)(1) 

11 and 306(a)(1) for any purpose and 

12 duration authorized by this title with13 in or outside the Nation’s Reserva14 tion; and 

15 ‘‘(III) subject to section 308(e), 

16 as an exclusive right, to transfer or 

17 otherwise dispose of the storage cred18 its that may be lawfully transferred or 

19 otherwise disposed of to persons for 

20 recovery outside the Nation’s Reserva21 tion; 

22 ‘‘(iii) shall issue permits to persons or 

23 entities for use of the water resources re24 ferred to in clause (i); 
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•HR 885 IH 

1 ‘‘(iv) shall, on timely receipt of an 

2 order for water by a permittee under a 

3 permit for Central Arizona Project water 

4 referred to in clause (i), submit the order 

5 to—

6 ‘‘(I) the Secretary; or 

7 ‘‘(II) the operating agency for 

8 the Central Arizona Project; 

9 ‘‘(v) shall issue permits for water de10 liverable under sections 304(a)(2) and 

11 306(a)(2), including quantities of water 

12 reasonably necessary for the irrigation sys13 tem referred to in section 304(c)(3); 

14 ‘‘(vi) shall issue permits for ground15 water that may be withdrawn from non16 exempt wells in the eastern Schuk Toak 

17 District; and 

18 ‘‘(vii) shall, on timely receipt of an 

19 order for water by a permittee under a 

20 permit for water referred to in clause (v), 

21 submit the order to—

22 ‘‘(I) the Secretary; or 

23 ‘‘(II) the operating agency for 

24 the Central Arizona Project; and 
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•HR 885 IH 

1 ‘‘(2) the Adams case, Alvarez case, and Tucson 

2 case have been dismissed with prejudice. 

3 ‘‘(b) RESPONSIBILITIES ON COMPLETION.—On com4 pletion of an irrigation system or extension of an irrigation 

5 system described in paragraph (1) or (2) of section 304(c), 

6 or in the case of the irrigation system described in section 

7 304(c)(3), if such irrigation system is constructed on indi8 vidual Indian trust allotments, neither the United States 

9 nor the Nation shall be responsible for the operation, 

10 maintenance, or replacement of the system. 

11 ‘‘(c) PAYMENT OF CHARGES.—The Nation shall not 

12 be responsible for payment of any water service capital 

13 charge for Central Arizona Project water delivered under 

14 section 304, subsection (a) or (b) of section 305, or section 

15 306. 

16 ‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; 

17 STORAGE PROJECTS; STORAGE ACCOUNTS; 

18 GROUNDWATER. 

19 ‘‘(a) WATER RESOURCES.—Water resources de20 scribed in clauses (i) and (ii) of section 307(a)(1)(G)—

21 ‘‘(1) shall be subject to section 7 of the Act of 

22 February 8, 1887 (25 U.S.C. 381); and 

23 ‘‘(2) shall be apportioned pursuant to clauses 

24 (i) and (ii) of section 307(a)(1)(G).
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•HR 885 IH 

1 ‘‘(b) WATER CODE.—Subject to this title and any 

2 other applicable law, the Nation shall—

3 ‘‘(1) manage, regulate, and control the water 

4 resources of the Nation and the water resources 

5 granted or confirmed under this title; 

6 ‘‘(2) establish conditions, limitations, and per7 mit requirements, and promulgate regulations, relat8 ing to the storage, recovery, and use of surface 

9 water and groundwater within the Nation’s Reserva10 tion; and 

11 ‘‘(3) enact and maintain—

12 ‘‘(A) as soon as practicable after the en13 forceability date, an interim allottee water 

14 rights code that—

15 ‘‘(i) is consistent with subsection (a); 

16 ‘‘(ii) prescribes the rights of allottees 

17 identified in paragraph (4); and 

18 ‘‘(iii) provides that the interim allottee 

19 water rights code shall be incorporated in 

20 the comprehensive water code referred to 

21 in subparagraph (B); and 

22 ‘‘(B) not later than 3 years after the en23 forceability date, a comprehensive water code 

24 applicable to the water resources granted or 

25 confirmed under this title; 
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•HR 885 IH 

1 ‘‘(4) include in each of the water codes enacted 

2 under subparagraphs (A) and (B) of paragraph 

3 (3)—

4 ‘‘(A) an acknowledgement of the rights de5 scribed in subsection (a); 

6 ‘‘(B) a process by which a just and equi7 table distribution of the water resources re8 ferred to in subsection (a), and any compensa9 tion provided under section 305(d), shall be 

10 provided to allottees; 

11 ‘‘(C) a process by which an allottee may 

12 request and receive a permit for the use of any 

13 water resources referred to in subsection (a), 

14 except the water resources referred to in section 

15 307(a)(1)(G)(ii)(III) and subject to the Na16 tion’s first right of use under section 

17 307(a)(1)(G)(ii)(II); 

18 ‘‘(D) provisions for the protection of due 

19 process with respect to members of the Nation 

20 and allottees, including—

21 ‘‘(i) a fair procedure for consideration 

22 and determination of any request by—

23 ‘‘(I) a member of the Nation, for 

24 a permit for use of available water re-
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•HR 885 IH 

1 sources granted or confirmed by this 

2 title; and 

3 ‘‘(II) an allottee, for a permit for 

4 use of—

5 ‘‘(aa) the water resources 

6 identified in section 

7 307(a)(1)(G)(i) that are subject 

8 to a first right of beneficial use; 

9 or 

10 ‘‘(bb) subject to the first 

11 right of use of the Nation, avail12 able water resources identified in 

13 section 307(a)(1)(G)(i)(II); 

14 ‘‘(ii) provisions for—

15 ‘‘(I) appeals and adjudications of 

16 denied or disputed permits; and 

17 ‘‘(II) resolution of contested ad18 ministrative decisions; and 

19 ‘‘(iii) a waiver by the Nation of the 

20 sovereign immunity of the Nation only 

21 with respect to proceedings described in 

22 clause (ii) for claims of declaratory and in23 junctive relief; and 

24 ‘‘(E) a process for satisfying any entitle25 ment to the water resources referred to in sec-
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•HR 885 IH 

1 tion 307(a)(1)(G)(i) for which fee owners of al2 lotted land have received final determinations 

3 under applicable law; and 

4 ‘‘(5) submit to the Secretary the comprehensive 

5 water code, for approval by the Secretary only of the 

6 provisions of the water code (and any amendments 

7 to the water code), that implement, with respect to 

8 the allottees, the standards described in paragraph 

9 (4). 

10 ‘‘(c) WATER CODE APPROVAL.—

11 ‘‘(1) IN GENERAL.—On receipt of a comprehen12 sive water code under subsection (b)(5), the Sec13 retary shall—

14 ‘‘(A) issue a written approval of the water 

15 code; or 

16 ‘‘(B) provide a written notification to the 

17 Nation that—

18 ‘‘(i) identifies such provisions of the 

19 water code that do not conform to sub20 section (b); and 

21 ‘‘(ii) recommends specific corrective 

22 language for each nonconforming provi23 sion. 

24 ‘‘(2) REVISION BY NATION.—If the Secretary 

25 identifies nonconforming provisions in the water 
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•HR 885 IH 

1 code under paragraph (1)(B)(i), the Nation shall re2 vise the water code in accordance with the rec3 ommendations of the Secretary under paragraph 

4 (1)(B)(ii). 

5 ‘‘(3) INTERIM AUTHORITY.—Until such time as 

6 the Nation revises the water code of the Nation in 

7 accordance with paragraph (2) and the Secretary 

8 subsequently approves the water code, the Secretary 

9 may exercise any lawful authority of the Secretary 

10 under section 7 of the Act of February 8, 1887 (25 

11 U.S.C. 381). 

12 ‘‘(4) LIMITATION.—Except as provided in this 

13 subsection, nothing in this title requires the approval 

14 of the Secretary of the water code of the Nation (or 

15 any amendment to that water code). 

16 ‘‘(d) WATER MANAGEMENT PLANS.—

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish, for the San Xavier Reservation and the eastern 

19 Schuk Toak District, water management plans that 

20 meet the requirements described in paragraph (2). 

21 ‘‘(2) REQUIREMENTS.—Water management 

22 plans established under paragraph (1)—

23 ‘‘(A) shall be developed under contracts ex24 ecuted under section 311 between the Secretary 

25 and the San Xavier District for the San Xavier 
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•HR 885 IH 

1 Reservation, and between the Secretary and the 

2 Nation for the eastern Schuk Toak District, as 

3 applicable, that permit expenditures, exclusive 

4 of administrative expenses of the Secretary, of 

5 not more than—

6 ‘‘(i) with respect to a contract be7 tween the Secretary and the San Xavier 

8 District, $891,200; and 

9 ‘‘(ii) with respect to a contract be10 tween the Secretary and the Nation, 

11 $237,200; 

12 ‘‘(B) shall, at a minimum—

13 ‘‘(i) provide for the measurement of 

14 all groundwater withdrawals, including 

15 withdrawals from each well that is not an 

16 exempt well; 

17 ‘‘(ii) provide for—

18 ‘‘(I) reasonable recordkeeping of 

19 water use, including the quantities of 

20 water stored underground and recov21 ered each calendar year; and 

22 ‘‘(II) a system for the reporting 

23 of withdrawals from each well that is 

24 not an exempt well; 
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•HR 885 IH 

1 ‘‘(iii) provide for the direct storage 

2 and deferred storage of water, including 

3 the implementation of underground storage 

4 and recovery projects, in accordance with 

5 this section; 

6 ‘‘(iv) provide for the annual exchange 

7 of information collected under clauses (i) 

8 through (iii)—

9 ‘‘(I) between the Nation and the 

10 Arizona Department of Water Re11 sources; and 

12 ‘‘(II) between the Nation and the 

13 city of Tucson, Arizona; 

14 ‘‘(v) provide for—

15 ‘‘(I) the efficient use of water; 

16 and 

17 ‘‘(II) the prevention of waste; 

18 ‘‘(vi) except on approval of the district 

19 council for a district in which a direct stor20 age project is established under subsection 

21 (e), provide that no direct storage credits 

22 earned as a result of the project shall be 

23 recovered at any location at which the re24 covery would adversely affect surface or 

25 groundwater supplies, or lower the water 
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•HR 885 IH 

1 table at any location, within the district; 

2 and 

3 ‘‘(vii) provide for amendments to the 

4 water plan in accordance with this title; 

5 ‘‘(C) shall authorize the establishment and 

6 maintenance of 1 or more underground storage 

7 and recovery projects in accordance with sub8 section (e), as applicable, within—

9 ‘‘(i) the San Xavier Reservation; or 

10 ‘‘(ii) the eastern Schuk Toak District; 

11 and 

12 ‘‘(D) shall be implemented and maintained 

13 by the Nation, with no obligation by the Sec14 retary. 

15 ‘‘(e) UNDERGROUND STORAGE AND RECOVERY

16 PROJECTS.—The Nation is authorized to establish direct 

17 storage and recovery projects in accordance with the 

18 Tohono O’odham settlement agreement. 

19 ‘‘(f) GROUNDWATER.—

20 ‘‘(1) SAN XAVIER RESERVATION.—

21 ‘‘(A) IN GENERAL.—In accordance with 

22 section 307(a)(1)(A), 10,000 acre-feet of 

23 groundwater may be pumped annually within 

24 the San Xavier Reservation. 

25 ‘‘(B) DEFERRED PUMPING.—
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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), all or any portion of the 10,000 acre3 feet of water not pumped under subpara4 graph (A) in a year—

5 ‘‘(I) may be withdrawn in a sub6 sequent year; and 

7 ‘‘(II) if any of that water is with8 drawn, shall be accounted for in ac9 cordance with the Tohono O’odham 

10 settlement agreement as a debit to the 

11 deferred pumping storage account. 

12 ‘‘(ii) LIMITATION.—The quantity of 

13 water authorized to be recovered as de14 ferred pumping storage credits under this 

15 subparagraph shall not exceed—

16 ‘‘(I) 50,000 acre-feet for any 10-

17 year period; or 

18 ‘‘(II) 10,000 acre-feet in any 

19 year. 

20 ‘‘(C) RECOVERY OF ADDITIONAL WATER.—

21 In addition to the quantity of groundwater au22 thorized to be pumped under subparagraphs 

23 (A) and (B), the Nation may annually recover 

24 within the San Xavier Reservation all or a por-
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1 tion of the credits for water stored under a 

2 project described in subsection (e). 

3 ‘‘(2) EASTERN SCHUK TOAK DISTRICT.—

4 ‘‘(A) IN GENERAL.—In accordance with 

5 section 307(a)(1)(B), 3,200 acre-feet of ground6 water may be pumped annually within the east7 ern Schuk Toak District. 

8 ‘‘(B) DEFERRED PUMPING.—

9 ‘‘(i) IN GENERAL.—Subject to clause 

10 (ii), all or any portion of the 3,200 acre11 feet of water not pumped under subpara12 graph (A) in a year—

13 ‘‘(I) may be withdrawn in a sub14 sequent year; and 

15 ‘‘(II) if any of that water is with16 drawn, shall be accounted for in ac17 cordance with the Tohono O’odham 

18 settlement agreement as a debit to the 

19 deferred pumping storage account. 

20 ‘‘(ii) LIMITATION.—The quantity of 

21 water authorized to be recovered as de22 ferred pumping storage credits under this 

23 subparagraph shall not exceed—

24 ‘‘(I) 16,000 acre-feet for any 10-

25 year period; or
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1 ‘‘(II) 3,200 acre-feet in any year. 

2 ‘‘(C) RECOVERY OF ADDITIONAL WATER.—

3 In addition to the quantity of groundwater au4 thorized to be pumped under subparagraphs 

5 (A) and (B), the Nation may annually recover 

6 within the eastern Schuk Toak District all or a 

7 portion of the credits for water stored under a 

8 project described in subsection (e). 

9 ‘‘(3) INABILITY TO RECOVER GROUNDWATER.—

10 ‘‘(A) IN GENERAL.—The authorizations to 

11 pump groundwater in paragraphs (1) and (2) 

12 neither warrant nor guarantee that the ground13 water—

14 ‘‘(i) physically exists; or 

15 ‘‘(ii) is recoverable. 

16 ‘‘(B) CLAIMS.—With respect to ground17 water described in subparagraph (A)—

18 ‘‘(i) subject to paragraph 8.8 of the 

19 Tohono O’odham settlement agreement, 

20 the inability of any person to pump or re21 cover that groundwater shall not be the 

22 basis for any claim by the United States or 

23 the Nation against any person or entity 

24 withdrawing or using the water from any 

25 common supply; and 
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1 ‘‘(ii) the United States and the Nation 

2 shall be barred from asserting any and all 

3 claims for reserved water rights with re4 spect to that groundwater. 

5 ‘‘(g) EXEMPT WELLS.—Any groundwater pumped 

6 from an exempt well located within the San Xavier Res7 ervation or the eastern Schuk Toak District shall be ex8 empt from all pumping limitations under this title. 

9 ‘‘(h) INABILITY OF SECRETARY TO DELIVER

10 WATER.—The Nation is authorized to pump additional 

11 groundwater in any year in which the Secretary is unable 

12 to deliver water required to carry out sections 304(a) and 

13 306(a) in accordance with the Tohono O’odham settlement 

14 agreement. 

15 ‘‘(i) PAYMENT OF COMPENSATION.—Nothing in this 

16 section affects any obligation of the Secretary to pay com17 pensation in accordance with section 305(d). 

18 ‘‘SEC. 309. USES OF WATER. 

19 ‘‘(a) PERMISSIBLE USES.—Subject to other provi20 sions of this section and other applicable law, the Nation 

21 may devote all water supplies granted or confirmed under 

22 this title, whether delivered by the Secretary or pumped 

23 by the Nation, to any use (including any agricultural, mu24 nicipal, domestic, industrial, commercial, mining, under-
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1 ground storage, instream flow, riparian habitat mainte2 nance, or recreational use). 

3 ‘‘(b) USE AREA.—

4 ‘‘(1) USE WITHIN NATION’S RESERVATION.—

5 Subject to subsection (d), the Nation may use at any 

6 location within the Nation’s Reservation—

7 ‘‘(A) the water supplies acquired under 

8 sections 304(a) and 306(a); 

9 ‘‘(B) groundwater supplies; and 

10 ‘‘(C) storage credits acquired as a result of 

11 projects authorized under section 308(e), or de12 ferred storage credits described in section 

13 308(f), except to the extent that use of those 

14 storage credits causes the withdrawal of 

15 groundwater in violation of applicable Federal 

16 law. 

17 ‘‘(2) USE OUTSIDE THE NATION’S RESERVA18 TION.—

19 ‘‘(A) IN GENERAL.—Water resources 

20 granted or confirmed under this title may be 

21 sold, leased, transferred, or used by the Nation 

22 outside of the Nation’s Reservation only in ac23 cordance with this title. 

24 ‘‘(B) USE WITHIN CERTAIN AREA.—Sub25 ject to subsection (c), the Nation may use the 
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1 Central Arizona Project water supplies acquired 

2 under sections 304(a) and 306(a) within the 

3 Central Arizona Project service area. 

4 ‘‘(C) STATE LAW.—With the exception of 

5 Central Arizona Project water and groundwater 

6 withdrawals under the Asarco agreement, the 

7 Nation may sell, lease, transfer, or use any 

8 water supplies and storage credits acquired as 

9 a result of a project authorized under section 

10 308(e) at any location outside of the Nation’s 

11 Reservation, but within the State, only in ac12 cordance with State law. 

13 ‘‘(D) LIMITATION.—Deferred pumping 

14 storage credits provided for in section 308(f) 

15 shall not be sold, leased, transferred, or used 

16 outside the Nation’s Reservation. 

17 ‘‘(E) PROHIBITION ON USE OUTSIDE THE

18 STATE.—No water acquired under section 

19 304(a) or 306(a) shall be leased, exchanged, 

20 forborne, or otherwise transferred by the Na21 tion for any direct or indirect use outside the 

22 State. 

23 ‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EX24 CHANGES AND LEASES; RIGHT OF FIRST REFUSAL.—
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1 ‘‘(1) IN GENERAL.—With respect to users out2 side the Nation’s Reservation, the Nation may, for 

3 a term of not to exceed 100 years, assign, exchange, 

4 lease, provide an option to lease, or otherwise tempo5 rarily dispose of to the users, Central Arizona 

6 Project water to which the Nation is entitled under 

7 sections 304(a) and 306(a) or storage credits ac8 quired under section 308(e), if the assignment, ex9 change, lease, option, or temporary disposal is car10 ried out in accordance with—

11 ‘‘(A) this subsection; and 

12 ‘‘(B) subsection (b)(2). 

13 ‘‘(2) LIMITATION ON ALIENATION.—The Nation 

14 shall not permanently alienate any water right under 

15 paragraph (1). 

16 ‘‘(3) AUTHORIZED USES.—The water described 

17 in paragraph (1) shall be delivered within the Cen18 tral Arizona Project service area for any use author19 ized under applicable law. 

20 ‘‘(4) CONTRACT.—An assignment, exchange, 

21 lease, option, or temporary disposal described in 

22 paragraph (1) shall be executed only in accordance 

23 with a contract that—

24 ‘‘(A) is accepted by the Nation;
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1 ‘‘(B) is ratified under a resolution of the 

2 Legislative Council of the Nation; 

3 ‘‘(C) is approved by the United States as 

4 Trustee; and 

5 ‘‘(D) with respect to any contract to which 

6 the United States or the Secretary is a party, 

7 provides that an action may be maintained by 

8 the contracting party against the United States 

9 and the Secretary for a breach of the contract 

10 by the United States or Secretary, as appro11 priate. 

12 ‘‘(5) TERMS EXCEEDING 25 YEARS.—The terms 

13 and conditions established in paragraph 11 of the 

14 Tohono O’odham settlement agreement shall apply 

15 to any contract under paragraph (4) that has a term 

16 of greater than 25 years. 

17 ‘‘(d) LIMITATIONS ON USE, EXCHANGES, AND

18 LEASES.—The rights of the Nation to use water supplies 

19 under subsection (a), and to assign, exchange, lease, pro20 vide options to lease, or temporarily dispose of the water 

21 supplies under subsection (c), shall be exercised on condi22 tions that ensure, to the maximum extent practicable, the 

23 availability of water supplies to satisfy the first right of 

24 beneficial use under section 307(a)(1)(G)(i). 
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1 ‘‘(e) WATER SERVICE CAPITAL CHARGES.—In any 

2 transaction entered into by the Nation and another person 

3 under subsection (c) with respect to Central Arizona 

4 Project water of the Nation, the person shall not be obli5 gated to pay to the United States or the Central Arizona 

6 Water Conservation District any water service capital 

7 charge. 

8 ‘‘(f) WATER RIGHTS UNAFFECTED BY USE OR NON9 USE.—The failure of the Nation to make use of water pro10 vided under this title, or the use of, or failure to make 

11 use of, that water by any other person that enters into 

12 a contract with the Nation under subsection (c) for the 

13 assignment, exchange, lease, option for lease, or tem14 porary disposal of water, shall not diminish, reduce, or im15 pair—

16 ‘‘(1) any water right of the Nation, as estab17 lished under this title or any other applicable law; or 

18 ‘‘(2) any water use right recognized under this 

19 title, including—

20 ‘‘(A) the first right of beneficial use re21 ferred to in section 307(a)(1)(G)(i); or 

22 ‘‘(B) the allottee use rights referred to in 

23 section 308(a). 
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1 ‘‘(g) AMENDMENT TO AGREEMENT OF DECEMBER

2 11, 1980.—The Secretary shall amend the agreement of 

3 December 11, 1980 to provide that—

4 ‘‘(1) the contract shall be—

5 ‘‘(A) for permanent service (within the 

6 meaning of section 5 of the Boulder Canyon 

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

8 ‘‘(B) without limit as to term; 

9 ‘‘(2) the Nation may, with the approval of the 

10 Secretary—

11 ‘‘(A) in accordance with subsection (c), as12 sign, exchange, lease, enter into an option to 

13 lease, or otherwise temporarily dispose of water 

14 to which the Nation is entitled under sections 

15 304(a) and 306(a); and 

16 ‘‘(B) renegotiate any lease at any time 

17 during the term of the lease if the term of the 

18 renegotiated lease does not exceed 100 years; 

19 ‘‘(3)(A) the Nation shall be entitled to all con20 sideration due to the Nation under any leases and 

21 any options to lease or exchanges or options to ex22 change the Nation’s Central Arizona Project water 

23 entered into by the Nation; and 

24 ‘‘(B) the United States shall have no trust obli25 gation or other obligation to monitor, administer, or 
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1 account for any consideration received by the Nation 

2 under those leases or options to lease and exchanges 

3 or options to exchange; 

4 ‘‘(4)(A) all of the Nation’s Central Arizona 

5 Project water shall be delivered through the Central 

6 Arizona Project aqueduct; and 

7 ‘‘(B) if the delivery capacity of the Central Ari8 zona Project aqueduct is significantly reduced or is 

9 anticipated to be significantly reduced for an ex10 tended period of time, the Nation shall have the 

11 same Central Arizona Project delivery rights as 

12 other Central Arizona Project contractors and Cen13 tral Arizona Project subcontractors, if the Central 

14 Arizona Project contractors or Central Arizona 

15 Project subcontractors are allowed to take delivery 

16 of water other than through the Central Arizona 

17 Project aqueduct; 

18 ‘‘(5) the Nation may use the Nation’s Central 

19 Arizona Project water on or off of the Nation’s Res20 ervation for the purposes of the Nation consistent 

21 with this title; 

22 ‘‘(6) as authorized by subparagraph (A) of sec23 tion 403(f)(2) of the Colorado River Basin Project 

24 Act (43 U.S.C. 1543(f)(2)) (as amended by section 

25 107(a)) and to the extent that funds are available in 
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1 the Lower Colorado River Basin Development Fund 

2 established by section 403 of that Act (43 U.S.C. 

3 1543), the United States shall pay to the Central 

4 Arizona Project operating agency the fixed oper5 ation, maintenance, and replacement charges associ6 ated with the delivery of the Nation’s Central Ari7 zona Project water, except for the Nation’s Central 

8 Arizona Project water leased by others; 

9 ‘‘(7) the costs associated with the construction 

10 of the delivery and distribution system—

11 ‘‘(A) shall be nonreimbursable; and 

12 ‘‘(B) shall be excluded from any repayment 

13 obligation of the Nation; 

14 ‘‘(8) no water service capital charges shall be 

15 due or payable for the Nation’s Central Arizona 

16 Project water, regardless of whether the Central Ari17 zona Project water is delivered for use by the Nation 

18 or is delivered pursuant to any leases or options to 

19 lease or exchanges or options to exchange the Na20 tion’s Central Arizona Project water entered into by 

21 the Nation; 

22 ‘‘(9) the agreement of December 11, 1980, con23 forms with section 104(d) and section 306(a) of the 

24 Arizona Water Settlements Act; and
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1 ‘‘(10) the amendments required by this sub2 section shall not apply to the 8,000 acre feet of Cen3 tral Arizona Project water contracted by the Nation 

4 in the agreement of December 11, 1980 for the Sif 

5 Oidak District. 

6 ‘‘(h) RATIFICATION OF AGREEMENTS.—

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of law, each of the agreements described in 

9 paragraph (2)—

10 ‘‘(A) is authorized, ratified, and confirmed; 

11 and 

12 ‘‘(B) shall be executed by the Secretary. 

13 ‘‘(2) AGREEMENTS.—The agreements described 

14 in this paragraph are—

15 ‘‘(A) the Tohono O’odham settlement 

16 agreement, to the extent that—

17 ‘‘(i) the Tohono O’odham settlement 

18 agreement is consistent with this title; and 

19 ‘‘(ii) parties to the Tohono O’odham 

20 settlement agreement other than the Sec21 retary have executed that agreement; 

22 ‘‘(B) the Tucson agreement (attached to 

23 the Tohono O’odham settlement agreement as 

24 exhibit 12.1); and 
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1 ‘‘(C)(i) the Asarco agreement (attached to 

2 the Tohono O’odham settlement agreement as 

3 exhibit 13.1 to the Tohono O’odham settlement 

4 agreement); 

5 ‘‘(ii) lease No. H54–16–72, dated April 26, 

6 1972, and approved by the United States on 

7 November 14, 1972; and 

8 ‘‘(iii) any new well site lease as provided 

9 for in the Asarco agreement; and 

10 ‘‘(D) the FICO agreement (attached to the 

11 Tohono O’odham settlement agreement as Ex12 hibit 14.1). 

13 ‘‘(3) RELATION TO OTHER LAW.—

14 ‘‘(A) IN GENERAL.—Execution of an 

15 agreement described in paragraph (2) shall not 

16 constitute major Federal action under the Na17 tional Environmental Policy Act (42 U.S.C. 

18 4321 et seq.). 

19 ‘‘(B) ENVIRONMENTAL COMPLIANCE AC20 TIVITIES.—The Secretary shall carry out all 

21 necessary environmental compliance activities 

22 during the implementation of the agreements 

23 described in paragraph (2), including activities 

24 under—
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1 ‘‘(i) the National Environmental Pol2 icy Act (42 U.S.C. 4321 et seq.); and 

3 ‘‘(ii) the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.). 

5 ‘‘(C) LEAD AGENCY.—The Bureau of Rec6 lamation shall be the lead agency with respect 

7 to environmental compliance under the agree8 ments described in paragraph (2). 

9 ‘‘(i) DISBURSEMENTS FROM TUCSON INTERIM

10 WATER LEASE.—The Secretary shall disburse to the Na11 tion, without condition, all proceeds from the Tucson in12 terim water lease. 

13 ‘‘(j) USE OF GROSS PROCEEDS.—

14 ‘‘(1) DEFINITION OF GROSS PROCEEDS.—In 

15 this subsection, the term ‘gross proceeds’ means all 

16 proceeds, without reduction, received by the Nation 

17 from—

18 ‘‘(A) the Tucson interim water lease; 

19 ‘‘(B) the Asarco agreement; and 

20 ‘‘(C) any agreement similar to the Asarco 

21 agreement to store Central Arizona Project 

22 water of the Nation, instead of pumping 

23 groundwater, for the purpose of protecting 

24 water of the Nation. 
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1 ‘‘(2) ENTITLEMENT.—The Nation shall be enti2 tled to receive all gross proceeds. 

3 ‘‘(k) STATUTORY CONSTRUCTION.—Nothing in this 

4 title establishes whether reserved water may be put to use, 

5 or sold for use, off any reservation to which reserved water 

6 rights attach. 

7 ‘‘SEC. 310. COOPERATIVE FUND. 

8 ‘‘(a) REAUTHORIZATION.—

9 ‘‘(1) IN GENERAL.—Congress reauthorizes, for 

10 use in carrying out this title, the cooperative fund 

11 established in the Treasury of the United States by 

12 section 313 of the 1982 Act. 

13 ‘‘(2) AMOUNTS IN COOPERATIVE FUND.—The 

14 cooperative fund shall consist of—

15 ‘‘(A)(i) $5,250,000, as appropriated to the 

16 cooperative fund under section 313(b)(3)(A) of 

17 the 1982 Act; and 

18 ‘‘(ii) such amount, not to exceed 

19 $32,000,000, as the Secretary determines, after 

20 providing notice to Congress, is necessary to 

21 carry out this title; 

22 ‘‘(B) any additional Federal funds depos23 ited to the cooperative fund under Federal law; 
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1 ‘‘(C) $5,250,000, as deposited in the coop2 erative fund under section 313(b)(1)(B) of the 

3 1982 Act, of which—

4 ‘‘(i) $2,750,000 was contributed by 

5 the State; 

6 ‘‘(ii) $1,500,000 was contributed by 

7 the city of Tucson; and 

8 ‘‘(iii) $1,000,000 was contributed 

9 by—

10 ‘‘(I) the Anamax Mining Com11 pany; 

12 ‘‘(II) the Cyprus-Pima Mining 

13 Company; 

14 ‘‘(III) the American Smelting 

15 and Refining Company; 

16 ‘‘(IV) the Duval Corporation; and 

17 ‘‘(V) the Farmers Investment 

18 Company; 

19 ‘‘(D) all interest accrued on all amounts in 

20 the cooperative fund beginning on October 12, 

21 1982, less any interest expended under sub22 section (b)(2); and 

23 ‘‘(E) all revenues received from—

24 ‘‘(i) the sale or lease of effluent re25 ceived by the Secretary under the contract 
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1 between the United States and the city of 

2 Tucson to provide for delivery of reclaimed 

3 water to the Secretary, dated October 11, 

4 1983; and 

5 ‘‘(ii) the sale or lease of storage cred6 its derived from the storage of that efflu7 ent. 

8 ‘‘(b) EXPENDITURES FROM FUND.—

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 upon request by the Secretary, the Secretary of the 

11 Treasury shall transfer from the cooperative fund to 

12 the Secretary such amounts as the Secretary deter13 mines are necessary to carry out obligations of the 

14 Secretary under this title, including to pay—

15 ‘‘(A) the variable costs relating to the de16 livery of water under sections 304 through 306; 

17 ‘‘(B) fixed operation maintenance and re18 placement costs relating to the delivery of water 

19 under sections 304 through 306, to the extent 

20 that funds are not available from the Lower 

21 Colorado River Basin Development Fund to pay 

22 those costs; 

23 ‘‘(C) the costs of acquisition and delivery 

24 of water from alternative sources under section 

25 305; and 
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1 ‘‘(D) any compensation provided by the 

2 Secretary under section 305(e). 

3 ‘‘(2) EXPENDITURE OF INTEREST.—With re4 spect to interest income accruing from amounts in 

5 the cooperative fund—

6 ‘‘(A) except as provided in paragraph (3), 

7 the Secretary of the Interior may expend only 

8 interest income accruing after the effective 

9 date; and 

10 ‘‘(B) that interest income may be expended 

11 by the Secretary of the Interior, without further 

12 appropriation. 

13 ‘‘(3) EXPENDITURE OF REVENUES.—Revenues 

14 described in subpargraph (a)(2)(E) shall be available 

15 for expenditure under paragraph (1). 

16 ‘‘(c) INVESTMENT OF AMOUNTS.—

17 ‘‘(1) IN GENERAL.—The Secretary of the 

18 Treasury shall invest such portion of the cooperative 

19 fund as is not, in the judgment of the Secretary of 

20 the Treasury, required to meet current withdrawals 

21 determined by the Secretary. Investments may be 

22 made only in interest-bearing obligations of the 

23 United States. 

24 ‘‘(2) CREDITS TO COOPERATIVE FUND.—The 

25 interest on, and the proceeds from the sale or re-
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1 demption of, any obligations held in the cooperative 

2 fund shall be credited to and form a part of the co3 operative fund. 

4 ‘‘(d) TRANSFERS OF AMOUNTS.—

5 ‘‘(1) IN GENERAL.—The amounts required to 

6 be transferred to the cooperative fund under this 

7 section shall be transferred at least monthly from 

8 the general fund of the Treasury to the cooperative 

9 fund on the basis of estimates made by the Sec10 retary of the Treasury. 

11 ‘‘(2) ADJUSTMENTS.—Proper adjustment shall 

12 be made in amounts subsequently transferred to the 

13 extent prior estimates were in excess of or less than 

14 the amounts required to be transferred. 

15 ‘‘SEC. 311. CONTRACTING AUTHORITY; WATER QUALITY; 

16 STUDIES; ARID LAND ASSISTANCE. 

17 ‘‘(a) FUNCTIONS OF SECRETARY.—Except as pro18 vided in subsection (f), the functions of the Secretary (or 

19 the Commissioner of Reclamation, acting on behalf of the 

20 Secretary) under this title shall be subject to the Indian 

21 Self-Determination and Education Assistance Act (25 

22 U.S.C. 450 et seq.) to the same extent as if those func23 tions were carried out by the Assistant Secretary for In24 dian Affairs. 

25 ‘‘(b) SAN XAVIER DISTRICT AS CONTRACTOR.—
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1 ‘‘(1) IN GENERAL.—Subject to the consent of 

2 the Nation and other requirements under section 

3 307(a)(1)(E), the San Xavier District shall be con4 sidered to be an eligible contractor for purposes of 

5 this title. 

6 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

7 shall provide to the San Xavier District technical as8 sistance in carrying out the contracting require9 ments under the Indian Self-Determination and 

10 Education Assistance Act (25 U.S.C. 450 et seq.). 

11 ‘‘(c) GROUNDWATER MONITORING PROGRAMS.—

12 ‘‘(1) SAN XAVIER INDIAN RESERVATION PRO13 GRAM.—

14 ‘‘(A) IN GENERAL.—Not later than 180 

15 days after the enforceability date, the Secretary 

16 shall design and carry out a comprehensive 

17 groundwater monitoring program (including the 

18 drilling of wells and other appropriate actions) 

19 to test, assess, and provide for the long-term 

20 monitoring of the quality of groundwater with21 drawn from exempt wells and other wells within 

22 the San Xavier Reservation. 

23 ‘‘(B) LIMITATION ON EXPENDITURES.—In 

24 carrying out this paragraph, the Secretary shall 

25 expend not more than $215,000. 
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1 ‘‘(2) EASTERN SCHUK TOAK DISTRICT PRO2 GRAM.—

3 ‘‘(A) IN GENERAL.—Not later than 180 

4 days after the enforceability date, the Secretary 

5 shall design and carry out a comprehensive 

6 groundwater monitoring program (including the 

7 drilling of wells and other appropriate actions) 

8 to test, assess, and provide for the long-term 

9 monitoring of the quality of groundwater with10 drawn from exempt wells and other wells within 

11 the eastern Schuk Toak District. 

12 ‘‘(B) LIMITATION ON EXPENDITURES.—In 

13 carrying out this paragraph, the Secretary shall 

14 expend not more than $175,000. 

15 ‘‘(3) DUTIES OF SECRETARY.—

16 ‘‘(A) CONSULTATION.—In carrying out 

17 paragraphs (1) and (2), the Secretary shall con18 sult with representatives of—

19 ‘‘(i) the Nation; 

20 ‘‘(ii) the San Xavier District and 

21 Schuk Toak District, respectively; and 

22 ‘‘(iii) appropriate State and local enti23 ties. 

24 ‘‘(B) LIMITATION ON OBLIGATIONS OF

25 SECRETARY.—With respect to the groundwater 
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1 monitoring programs described in paragraphs 

2 (1) and (2), the Secretary shall have no con3 tinuing obligation relating to those programs 

4 beyond the obligations described in those para5 graphs. 

6 ‘‘(d) WATER RESOURCES STUDY.—To assist the Na7 tion in developing sources of water, the Secretary shall 

8 conduct a study to determine the availability and suit9 ability of water resources that are located—

10 ‘‘(1) within the Nation’s Reservation; but 

11 ‘‘(2) outside the Tucson management area. 

12 ‘‘(e) ARID LAND RENEWABLE RESOURCES.—If a 

13 Federal entity is established to provide financial assistance 

14 to carry out arid land renewable resources projects and 

15 to encourage and ensure investment in the development 

16 of domestic sources of arid land renewable resources, the 

17 entity shall—

18 ‘‘(1) give first priority to the needs of the Na19 tion in providing that assistance; and 

20 ‘‘(2) make available to the Nation, San Xavier 

21 District, Schuk Toak District, and San Xavier Coop22 erative Association price guarantees, loans, loan 

23 guarantees, purchase agreements, and joint venture 

24 projects at a level that the entity determines will—
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1 ‘‘(A) facilitate the cultivation of such min2 imum number of acres as is determined by the 

3 entity to be necessary to ensure economically 

4 successful cultivation of arid land crops; and 

5 ‘‘(B) contribute significantly to the econ6 omy of the Nation. 

7 ‘‘(f) ASARCO LAND EXCHANGE STUDY.—

8 ‘‘(1) IN GENERAL.—Not later than 2 years 

9 after the enforceability date, the Secretary, in con10 sultation with the Nation, the San Xavier District, 

11 the San Xavier Allottees’ Association, and Asarco, 

12 shall conduct and submit to Congress a study on the 

13 feasibility of a land exchange or land exchanges with 

14 Asarco to provide land for future use by—

15 ‘‘(A) beneficial landowners of the Mission 

16 Complex Mining Leases of September 18, 1959; 

17 and 

18 ‘‘(B) beneficial landowners of the Mission 

19 Complex Business Leases of May 12, 1959. 

20 ‘‘(2) COMPONENTS.—The study under para21 graph (1) shall include—

22 ‘‘(A) an analysis of the manner in which 

23 land exchanges could be accomplished to main24 tain a contiguous land base for the San Xavier 

25 Reservation; and 
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1 ‘‘(B) a description of the legal status ex2 changed land should have to maintain the polit3 ical integrity of the San Xavier Reservation. 

4 ‘‘(3) LIMITATION ON EXPENDITURES.—In car5 rying out this paragraph, the Secretary shall expend 

6 not more than $250,000. 

7 ‘‘SEC. 312. WAIVER AND RELEASE OF CLAIMS. 

8 ‘‘(a) WAIVER OF CLAIMS BY THE NATION.—Except 

9 as provided in subsection (d), the Tohono O’odham settle10 ment agreement shall provide that the Nation waives and 

11 releases—

12 ‘‘(1) any and all past, present, and future 

13 claims for water rights (including claims based on 

14 aboriginal occupancy) arising from time immemorial 

15 and, thereafter, forever, and claims for injuries to 

16 water rights arising from time immemorial through 

17 the enforceability date, for land within the Tucson 

18 management area, against—

19 ‘‘(A) the State (or any agency or political 

20 subdivision of the State); 

21 ‘‘(B) any municipal corporation; and 

22 ‘‘(C) any other person or entity; 

23 ‘‘(2) any and all claims for water rights arising 

24 from time immemorial and, thereafter, forever, 

25 claims for injuries to water rights arising from time 
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1 immemorial through the enforceability date, and 

2 claims for failure to protect, acquire, or develop 

3 water rights for land within the San Xavier Reserva4 tion and the eastern Schuk Toak District from time 

5 immemorial through the enforceability date, against 

6 the United States (including any agency, officer, and 

7 employee of the United States); 

8 ‘‘(3) 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 agree14 ment or State law against—

15 ‘‘(A) the United States;

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 ‘‘(4) any and all past, present, and future 

21 claims arising out of or relating to the negotiation 

22 or execution of the Tohono O’odham settlement 

23 agreement or the negotiation or enactment of this 

24 title, against—

25 ‘‘(A) the United States; 
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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. 

5 ‘‘(b) WAIVER OF CLAIMS BY THE ALLOTTEE CLASS6 ES.—The Tohono O’odham settlement agreement shall 

7 provide that each allottee class waives and releases—

8 ‘‘(1) any and all past, present, and future 

9 claims for water rights (including claims based on 

10 aboriginal occupancy) arising from time immemorial 

11 and, thereafter, forever, claims for injuries to water 

12 rights arising from time immemorial through the en13 forceability date for land within the San Xavier Res14 ervation, against—

15 ‘‘(A) the State (or any agency or political 

16 subdivision of the State); 

17 ‘‘(B) any municipal corporation; and 

18 ‘‘(C) any other person or entity (other 

19 than the Nation); 

20 ‘‘(2) any and all claims for water rights arising 

21 from time immemorial and, thereafter, forever, 

22 claims for injuries to water rights arising from time 

23 immemorial through the enforceability date, and 

24 claims for failure to protect, acquire, or develop 

25 water rights for land within the San Xavier Reserva-
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1 tion from time immemorial through the enforce2 ability date, against the United States (including 

3 any agency, officer, and employee of the United 

4 States); 

5 ‘‘(3) any and all claims for injury to water 

6 rights arising after the enforceability date for land 

7 within the San Xavier Reservation resulting from 

8 the off-Reservation diversion or use of water in a 

9 manner not in violation of the Tohono O’odham set10 tlement agreement or State law against—

11 ‘‘(A) the United States; 

12 ‘‘(B) the State (or any agency or political 

13 subdivision of the State); 

14 ‘‘(C) any municipal corporation; and 

15 ‘‘(D) any other person or entity; and 

16 ‘‘(4) any and all past, present, and future 

17 claims arising out of or relating to the negotiation 

18 or execution of the Tohono O’odham settlement 

19 agreement or the negotiation or enactment of this 

20 title, against—

21 ‘‘(A) the United States; 

22 ‘‘(B) the State (or any agency or political 

23 subdivision of the State); 

24 ‘‘(C) any municipal corporation; and 

25 ‘‘(D) any other person or entity; and 
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1 ‘‘(5) any and all past, present, and future 

2 claims for water rights arising from time immemo3 rial and, thereafter, forever, and claims for injuries 

4 to water rights arising from time immemorial 

5 through the enforceability date, against the Nation 

6 (except that under section 307(a)(1)(G) and sub7 sections (a) and (b) of section 308, the allottees and 

8 fee owners of allotted land shall retain rights to 

9 share in the water resources granted or confirmed 

10 under this title and the Tohono O’odham settlement 

11 agreement with respect to uses within the San Xa12 vier Reservation). 

13 ‘‘(c) WAIVER OF CLAIMS BY THE UNITED STATES.—

14 Except as provided in subsection (d), the Tohono O’odham 

15 settlement agreement shall provide that the United States 

16 as Trustee waives and releases—

17 ‘‘(1) any and all past, present, and future 

18 claims for water rights (including claims based on 

19 aboriginal occupancy) arising from time immemorial 

20 and, thereafter, forever, and claims for injuries to 

21 water rights arising from time immemorial through 

22 the enforceability date, for land within the Tucson 

23 management area or State law against—

24 ‘‘(A) the Nation; 
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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; 

5 ‘‘(2) any and all claims for injury to water 

6 rights arising after the enforceability date for land 

7 within the San Xavier Reservation and the eastern 

8 Schuk Toak District resulting from the off-Reserva9 tion diversion or use of water in a manner not in 

10 violation of the Tohono O’odham settlement agree11 ment or State law against—

12 ‘‘(A) the Nation; 

13 ‘‘(B) the State (or any agency or political 

14 subdivision of the State); 

15 ‘‘(C) any municipal corporation; and 

16 ‘‘(D) any other person or entity; 

17 ‘‘(3) on and after the enforceability date, any 

18 and all claims on behalf of the allottees for injuries 

19 to water rights against the Nation (except that 

20 under section 307(a)(1)(G) and subsections (a) and 

21 (b) of section 308, the allottees shall retain rights to 

22 share in the water resources granted or confirmed 

23 under this title and the Tohono O’odham settlement 

24 agreement with respect to uses within the San Xa25 vier Reservation); and 
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1 ‘‘(4) contingent on the effectiveness of a waiver 

2 of such claims as are provided for in the Asarco 

3 agreement, claims against Asarco on behalf of the 

4 allottee class for the fourth cause of action in the Al5 varez case, as defined in the Tohono O’odham settle6 ment agreement. 

7 ‘‘(d) CLAIMS RELATING TO GROUNDWATER PROTEC8 TION PROGRAM.—The Nation and the United States as 

9 Trustee—

10 ‘‘(1) shall have the right to assert any claims 

11 granted by a State law implementing the ground12 water protection program described in paragraph 8.8 

13 of the Tohono O’odham settlement agreement; and 

14 ‘‘(2) if, after the enforceability date, the State 

15 law is amended so as to have a material adverse ef16 fect on the Nation, shall have a right to relief in the 

17 State court having jurisdiction over Gila River adju18 dication proceedings and decrees, against an owner 

19 of any nonexempt well drilled after the effective date 

20 of the amendment (if the well actually and substan21 tially interferes with groundwater pumping occurring 

22 on the San Xavier Reservation), from the incre23 mental effect of the groundwater pumping that ex24 ceeds that which would have been allowable had the 

25 State law not been amended.
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1 ‘‘(e) SUPPLEMENTAL WAIVERS OF CLAIMS.—Any 

2 party to the Tohono O’odham settlement agreement may 

3 waive and release, prohibit the assertion of, or agree not 

4 to assert, any claims (including claims for subsidence dam5 age or injury to water quality) in addition to claims for 

6 water rights and injuries to water rights on such terms 

7 and conditions as may be agreed to by the parties. 

8 ‘‘(f) RIGHTS OF ALLOTTEES; PROHIBITION OF

9 CLAIMS.—

10 ‘‘(1) IN GENERAL.—As of the enforceability 

11 date—

12 ‘‘(A) the water rights and other benefits 

13 granted or confirmed by this title and the 

14 Tohono O’odham settlement agreement shall be 

15 in full satisfaction of—

16 ‘‘(i) all claims for water rights and 

17 claims for injuries to water rights of the 

18 Nation; and 

19 ‘‘(ii) all claims for water rights and 

20 injuries to water rights of the allottees; 

21 ‘‘(B) any entitlement to water within the 

22 Tucson management area of the Nation, or of 

23 any allottee, shall be satisfied out of the water 

24 resources granted or confirmed under this title 
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1 and the Tohono O’odham settlement agreement; 

2 and 

3 ‘‘(C) any rights of the allottees to ground4 water, surface water, or effluent shall be limited 

5 to the water rights granted or confirmed under 

6 this title and the Tohono O’odham settlement 

7 agreement. 

8 ‘‘(2) LIMITATION OF CERTAIN CLAIMS BY

9 ALLOTTEES.—No allottee within the San Xavier 

10 Reservation may—

11 ‘‘(A) assert any past, present, or future 

12 claim for water rights arising from time imme13 morial and, thereafter, forever, or any claim for 

14 injury to water rights (including future injury 

15 to water rights) arising from time immemorial 

16 and thereafter, forever, against—

17 ‘‘(i) the United States; 

18 ‘‘(ii) the State (or any agency or polit19 ical subdivision of the State); 

20 ‘‘(iii) any municipal corporation; or 

21 ‘‘(iv) any other person or entity; or 

22 ‘‘(B) continue to assert a claim described 

23 in subparagraph (A), if the claim was first as24 serted before the enforceability date. 
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1 ‘‘(3) CLAIMS BY FEE OWNERS OF ALLOTTED

2 LAND.—

3 ‘‘(A) IN GENERAL.—No fee owner of allot4 ted land within the San Xavier Reservation may 

5 assert 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 suc14 cessful claim shall be offset by benefits received 

15 by that fee owner of allotted land under this 

16 title. 

17 ‘‘(4) LIMITATION OF CLAIMS AGAINST THE NA18 TION.—

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), no allottee may assert 

21 against the Nation any claims for water rights 

22 arising from time immemorial and, thereafter, 

23 forever, claims for injury to water rights arising 

24 from time immemorial and thereafter forever. 
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1 ‘‘(B) EXCEPTION.—Under section 

2 307(a)(1)(G) and subsections (a) and (b) of 

3 section 308, the allottees shall retain rights to 

4 share in the water resources granted or con5 firmed under this title and the Tohono 

6 O’odham settlement agreement. 

7 ‘‘(g) CONSENT.—

8 ‘‘(1) GRANT OF CONSENT.—Congress grants to 

9 the Nation and the San Xavier Cooperative Associa10 tion under section 305(d) consent to maintain civil 

11 actions against the United States in the courts of 

12 the United States under section 1346, 1491, or 

13 1505 of title 28, United States Code, respectively, to 

14 recover damages, if any, for the breach of any obli15 gation of the Secretary under those sections. 

16 ‘‘(2) NO SUFFICIENT FUNDS DEFENSE.—The 

17 lack of sufficient funds in the cooperative fund to 

18 carry out the obligations of the Secretary may not 

19 be raised by the United States as a defense to any 

20 claim asserted under paragraph (1). 

21 ‘‘(3) REMEDY.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), the exclusive remedy for a civil ac24 tion maintained under this subsection shall be 

25 monetary damages. 
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1 ‘‘(B) OFFSET.—An award for damages for 

2 a claim under this subsection shall be offset 

3 against the amount of funds—

4 ‘‘(i) made available by any Act of 

5 Congress; and 

6 ‘‘(ii) paid to the claimant by the Sec7 retary in partial or complete satisfaction of 

8 the claim. 

9 ‘‘(4) NO CLAIMS ESTABLISHED.—Except as 

10 provided in paragraph (1), nothing in the subsection 

11 establishes any claim against the United States. 

12 ‘‘(h) JURISDICTION; WAIVER OF IMMUNITY; PAR13 TIES.—

14 ‘‘(1) JURISDICTION.—

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

16 subsection (i), the State court having jurisdic17 tion over Gila River adjudication proceedings 

18 and decrees, shall have jurisdiction over—

19 ‘‘(i) civil actions relating to the inter20 pretation and enforcement of—

21 ‘‘(I) this title; 

22 ‘‘(II) the Tohono O’odham settle23 ment agreement; and 

24 ‘‘(III) agreements referred to in 

25 section 309(h)(2); and
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1 ‘‘(ii) civil actions brought by or 

2 against the allottees or fee owners of allot3 ted land for the interpretation of, or legal 

4 or equitable remedies with respect to, 

5 claims of the allottees or fee owners of al6 lotted land that are not claims for water 

7 rights, injuries to water rights or other 

8 claims that are barred or waived and re9 leased under this title or the Tohono 

10 O’odham settlement agreement. 

11 ‘‘(B) LIMITATION.—Except as provided in 

12 subparagraph (A), no State court or court of 

13 the Nation shall have jurisdiction over any civil 

14 action described in subparagraph (A). 

15 ‘‘(2) WAIVER.—

16 ‘‘(A) IN GENERAL.—The United States 

17 and the Nation waive sovereign immunity solely 

18 for claims for—

19 ‘‘(i) declaratory judgment or injunc20 tive relief in any civil action arising under 

21 this title; and 

22 ‘‘(ii) such claims and remedies as may 

23 be prescribed in any agreement authorized 

24 under this title. 
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1 ‘‘(B) LIMITATION ON STANDING.—If a 

2 governmental entity not described in subpara3 graph (A) asserts immunity in any civil action 

4 that arises under this title (unless the entity 

5 waives immunity for declaratory judgment or 

6 injunctive relief) or any agreement authorized 

7 under this title (unless the entity waives immu8 nity for the claims and remedies prescribed in 

9 the agreement)—

10 ‘‘(i) the governmental entity shall not 

11 have standing to initiate or assert any 

12 claim, or seek any remedy against the 

13 United States or the Nation, in the civil 

14 action; and 

15 ‘‘(ii) the waivers of sovereign immu16 nity under subparagraph (A) shall have no 

17 effect in the civil action. 

18 ‘‘(C) MONETARY RELIEF.—A waiver of im19 munity under this paragraph shall not extend 

20 to any claim for damages, costs, attorneys’ fees, 

21 or other monetary relief. 

22 ‘‘(3) NATION AS A PARTY.—

23 ‘‘(A) IN GENERAL.—Not later than 60 

24 days before the date on which a civil action 

25 under paragraph (1)(A)(ii) is filed by an allot-
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•HR 885 IH 

1 tee or fee owner of allotted land, the allottee or 

2 fee owner, as the case may be, shall provide to 

3 the Nation a notice of intent to file the civil ac4 tion, accompanied by a request for consultation. 

5 ‘‘(B) JOINDER.—If the Nation is not a 

6 party to a civil action as originally commenced 

7 under paragraph (1)(A)(ii), the Nation shall be 

8 joined as a party. 

9 ‘‘(i) REGULATION AND JURISDICTION OVER DISPUTE

10 RESOLUTION.—

11 ‘‘(1) REGULATION.—The Nation shall have ju12 risdiction to manage, control, permit, administer, 

13 and otherwise regulate the water resources granted 

14 or confirmed under this title and the Tohono 

15 O’odham settlement agreement—

16 ‘‘(A) with respect to the use of those re17 sources by—

18 ‘‘(i) the Nation; 

19 ‘‘(ii) individual members of the Na20 tion; 

21 ‘‘(iii) districts of the Nation; and 

22 ‘‘(iv) allottees; and 

23 ‘‘(B) with respect to any entitlement to 

24 those resources for which a fee owner of allot-
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•HR 885 IH 

1 ted land has received a final determination 

2 under applicable law. 

3 ‘‘(2) JURISDICTION.—Subject to a requirement 

4 of exhaustion of any administrative or other rem5 edies prescribed under the laws of the Nation, juris6 diction over any disputes relating to the matters de7 scribed in paragraph (1) shall be vested in the 

8 courts of the Nation. 

9 ‘‘(3) APPLICABLE LAW.—The regulatory and 

10 remedial procedures referred to in paragraphs (1) 

11 and (2) shall be subject to all applicable law. 

12 ‘‘(j) FEDERAL JURISDICTION.—The Federal Courts 

13 shall have concurrent jurisdiction over actions described 

14 in subsection 312(h) to the extent otherwise provided in 

15 Federal law. 

16 ‘‘SEC. 313. AFTER-ACQUIRED TRUST LAND. 

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

18 (b)—

19 ‘‘(1) the Nation may seek to have taken into 

20 trust by the United States, for the benefit of the 

21 Nation, legal title to additional land within the State 

22 and outside the exterior boundaries of the Nation’s 

23 Reservation only in accordance with an Act of Con24 gress specifically authorizing the transfer for the 

25 benefit of the Nation; 
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1 ‘‘(2) it is the intent of Congress in enacting this 

2 title that future Acts of Congress described in para3 graph (1) should provide that land taken into trust 

4 under that paragraph will include only such water 

5 rights and water use privileges as are consistent 

6 with State water law and State water management 

7 policy; and 

8 ‘‘(3) after-acquired trust land shall not include 

9 Federal reserved rights to surface water or ground10 water. 

11 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

12 land acquired by the Nation under the Gila Bend Indian 

13 Reservation Lands Replacement Act (100 Stat. 1798). 

14 ‘‘SEC. 314. NONREIMBURSABLE COSTS. 

15 ‘‘(a) CENTRAL ARIZONA WATER CONSERVATION DIS16 TRICT.—For the purpose of determining the allocation 

17 and repayment of costs of any stage of the Central Ari18 zona Project constructed after the effective date, the costs 

19 associated with the delivery of Central Arizona Project 

20 water acquired under sections 304(a) and 306(a), whether 

21 that water is delivered for use by the Nation or in accord22 ance with any assignment, exchange, lease, option to lease, 

23 or other agreement for the temporary disposition of water 

24 entered into by the Nation—

25 ‘‘(1) shall be nonreimbursable; and
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•HR 885 IH 

1 ‘‘(2) shall be excluded from the repayment obli2 gation of the Central Arizona Water Conservation 

3 District. 

4 ‘‘(b) CLAIMS BY UNITED STATES.—The United 

5 States shall—

6 ‘‘(1) make no claim against the Nation or any 

7 allottee for reimbursement or repayment of any cost 

8 associated with—

9 ‘‘(A) the construction of facilities under 

10 the Colorado River Basin Project Act (43 

11 U.S.C. 1501 et seq.); 

12 ‘‘(B) the delivery of Central Arizona 

13 Project water for any use authorized under this 

14 title; or 

15 ‘‘(C) the implementation of this title; 

16 ‘‘(2) make no claim against the Nation for re17 imbursement or repayment of the costs associated 

18 with the construction of facilities described in para19 graph (1)(A) for the benefit of and use on land 

20 that—

21 ‘‘(A) is known as the ‘San Lucy Farm’; 

22 and 

23 ‘‘(B) was acquired by the Nation under the 

24 Gila Bend Indian Reservation Lands Replace25 ment Act (100 Stat. 1798); and 
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1 ‘‘(3) impose no assessment with respect to the 

2 costs referred to in paragraphs (1) and (2) 

3 against—

4 ‘‘(A) trust or allotted land within the Na5 tion’s Reservation; or 

6 ‘‘(B) the land described in paragraph (2). 

7 ‘‘SEC. 315. TRUST FUND. 

8 ‘‘(a) REAUTHORIZATION.—Congress reauthorizes the 

9 trust fund established by section 309 of the 1982 Act, con10 taining an initial deposit of $15,000,000 made under that 

11 section, for use in carrying out this title. 

12 ‘‘(b) EXPENDITURE AND INVESTMENT.—Subject to 

13 the limitations of subsection (d), the principal and all ac14 crued interest and dividends in the trust fund established 

15 under section 309 of the 1982 Act may be—

16 ‘‘(1) expended by the Nation for any govern17 mental purpose; and 

18 ‘‘(2) invested by the Nation in accordance with 

19 such polices as the Nation may adopt. 

20 ‘‘(c) RESPONSIBILITY OF SECRETARY.—The Sec21 retary shall not—

22 ‘‘(A) be responsible for the review, ap23 proval, or audit of the use and expenditure of 

24 any funds from the trust fund reauthorized by 

25 subsection (a); or 
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1 ‘‘(B) be subject to liability for any claim or 

2 cause of action arising from the use or expendi3 ture by the Nation of those funds. 

4 ‘‘(d) CONDITIONS OF TRUST.—

5 ‘‘(1) RESERVE FOR THE COST OF SUBJUGA6 TION.—The Nation shall reserve in the trust fund 

7 reauthorized by subsection (a)—

8 ‘‘(A) the principal amount of at least 

9 $3,000,000; and 

10 ‘‘(B) interest on that amount that accrues 

11 during the period beginning on the enforce12 ability date and ending on the earlier of—

13 ‘‘(i) the date on which full payment of 

14 such costs has been made; or 

15 ‘‘(ii) the date that is 10 years after 

16 the enforceability date. 

17 ‘‘(2) PAYMENT.—The costs described in para18 graph (1) shall be paid in the amount, on the terms, 

19 and for the purposes prescribed in section 

20 307(a)(1)(F). 

21 ‘‘(3) LIMITATION ON RESTRICTIONS.—On the 

22 occurrence of an event described in clause (i) or (ii) 

23 of paragraph (1)(B)—
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1 ‘‘(A) the restrictions imposed on funds 

2 from the trust fund described in paragraph (1) 

3 shall terminate; and 

4 ‘‘(B) any of those funds remaining that 

5 were reserved under paragraph (1) may be used 

6 by the Nation under subsection (b)(1). 

7 ‘‘SEC. 316. MISCELLANEOUS PROVISIONS. 

8 ‘‘(a) IN GENERAL.—Nothing in this title—

9 ‘‘(1) establishes the applicability or inapplica10 bility to groundwater of any doctrine of Federal re11 served rights; 

12 ‘‘(2) limits the ability of the Nation to enter 

13 into any agreement with the Arizona Water Banking 

14 Authority (or a successor agency) in accordance with 

15 State law; 

16 ‘‘(3) prohibits the Nation, any individual mem17 ber of the Nation, an allottee, or a fee owner of al18 lotted land in the San Xavier Reservation from law19 fully acquiring water rights for use in the Tucson 

20 management area in addition to the water rights 

21 granted or confirmed under this title and the 

22 Tohono O’odham settlement agreement; 

23 ‘‘(4) abrogates any rights or remedies existing 

24 under section 1346 or 1491 of title 28, United 

25 States Code;
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1 ‘‘(5) affects the obligations of the parties under 

2 the Agreement of December 11, 1980 with respect 

3 to the 8,000 acre feet of Central Arizona Project 

4 water contracted by the Nation for the Sif Oidak 

5 District; 

6 ‘‘(6)(A) applies to any exempt well; 

7 ‘‘(B) prohibits or limits the drilling of any ex8 empt well within—

9 ‘‘(i) the San Xavier Reservation; or 

10 ‘‘(ii) the eastern Schuk Toak District; or 

11 ‘‘(C) subjects water from any exempt well to 

12 any pumping limitation under this title; or 

13 ‘‘(7) diminishes or abrogates rights to use water 

14 under—

15 ‘‘(A) contracts of the Nation in existence 

16 before the enforceability date; or 

17 ‘‘(B) the well site agreement referred to in 

18 the Asarco agreement and any well site agree19 ment entered into under the Asarco agreement. 

20 ‘‘(b) NO EFFECT ON FUTURE ALLOCATIONS.—Water 

21 received under a lease or exchange of Central Arizona 

22 Project water under this title does not affect any future 

23 allocation or reallocation of Central Arizona Project water 

24 by the Secretary. 
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1 ‘‘SEC. 317. AUTHORIZED COSTS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to the Secretary from the Lower Colorado 

4 River Basin Development Fund—

5 ‘‘(1) to construct features of irrigation systems 

6 described in paragraphs (1) through (4) of section 

7 304(c) that are not authorized to be constructed 

8 under any other provision of law, an amount equal 

9 to the sum of—

10 ‘‘(A) $3,500,000; and 

11 ‘‘(B) such additional amount as the Sec12 retary determines to be necessary to adjust the 

13 amount under subparagraph (A) to account for 

14 ordinary fluctuations in the costs of construc15 tion of irrigation features for the period begin16 ning on October 12, 1982, and ending on the 

17 date on which the construction of the features 

18 described in this subparagraph is initiated, as 

19 indicated by engineering cost indices applicable 

20 to the type of construction involved; 

21 ‘‘(2) $18,300,000 in lieu of construction to im22 plement section 304(c)(3)(B); 

23 ‘‘(3) $891,200 to implement a water manage24 ment plan for the San Xavier Reservation under sec25 tion 308(d); 
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1 ‘‘(4) $237,200 to implement a water manage2 ment plan for the eastern Schuk Toak District 

3 under section 308(d); 

4 ‘‘(5) $4,000,000 to complete the water re5 sources study under section 311(d); 

6 ‘‘(6) $215,000 to develop and implement a 

7 groundwater monitoring program for the San Xavier 

8 Reservation under section 311(c)(1); 

9 ‘‘(7) $175,000 to develop and implement a 

10 groundwater monitoring program for the eastern 

11 Schuk Toak District under section 311(c)(2); 

12 ‘‘(8) $250,000 to complete the Asarco land ex13 change study under section 311(f); and 

14 ‘‘(9) such additional sums as are necessary to 

15 carry out the provisions of this title other than the 

16 provisions referred to in paragraphs (1) through (8). 

17 ‘‘(b) TREATMENT OF APPROPRIATED AMOUNTS.—

18 Amounts made available under subsection (a) shall be con19 sidered to be authorized costs for purposes of section 

20 403(f)(2)(D)(iii) of the Colorado River Basin Project Act 

21 (43 U.S.C. 1543(f)(2)(D)(iii)) (as amended by section 

22 107(a) of the Arizona Water Settlements Act).’’.
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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 2003 (as contained in the amendment made 

6 by section 301) shall apply to this title. 

7 (b) EFFECTIVE DATE.—This title and the amend8 ments made by this title take effect as of the date on 

9 which the Secretary publishes in the Federal Register a 

10 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 

18 the Secretary; 

19 (2) the Secretary and other parties to the 

20 agreements described in section 309(h)(2) of the 

21 Southern Arizona Water Rights Settlement Amend22 ments Act of 2003 (as contained in the amendment 

23 made by section 301) have executed those agree24 ments; 

25 (3) the Secretary has approved the interim al26 lottee water rights code described in section 
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•HR 885 IH 

1 308(b)(3)(A) of the Southern Arizona Water Rights 

2 Settlement Amendments Act of 2003 (as contained 

3 in the amendment made by section 301); 

4 (4) final dismissal with prejudice has been en5 tered in each of the Adams case, the Alvarez case, 

6 and the Tucson case on the sole condition that the 

7 Secretary publishes the findings specified in this sec8 tion; 

9 (5) the judgment and decree attached to the 

10 Tohono O’odham settlement agreement as exhibit 

11 17.1 has been approved by the State court having 

12 jurisdiction over the Gila River adjudication pro13 ceedings, and that judgment and decree have become 

14 final and nonappealable; 

15 (6) implementation costs have been identified 

16 and retained in the Lower Colorado River Basin De17 velopment Fund, specifically—

18 (A) $18,300,000 in lieu of construction to 

19 implement section 304(c)(3)(A)(ii); 

20 (B) $891,200 to implement a water man21 agement plan for the San Xavier Reservation 

22 under section 308(d) of the Southern Arizona 

23 Water Rights Settlement Amendments Act of 

24 2003 (as contained in the amendment made by 

25 section 301); 
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1 (C) $237,200 to implement a water man2 agement plan for the eastern Schuk Toak Dis3 trict under section 308(d) of the Southern Ari4 zona Water Rights Settlement Amendments Act 

5 of 2003 (as contained in the amendment made 

6 by section 301); 

7 (D) $4,000,000 to complete the water re8 sources study under section 311(d) of the 

9 Southern Arizona Water Rights Settlement 

10 Amendments Act of 2003 (as contained in the 

11 amendment made by section 301); 

12 (E) $215,000 to develop and implement a 

13 groundwater monitoring program for the San 

14 Xavier Reservation under section 311(c)(1) of 

15 the Southern Arizona Water Rights Settlement 

16 Amendments Act of 2003 (as contained in the 

17 amendment made by section 301); 

18 (F) $175,000 to develop and implement a 

19 groundwater monitoring program for the east20 ern Schuk Toak District under section 

21 311(c)(2) of the Southern Arizona Water 

22 Rights Settlement Amendments Act of 2003 (as 

23 contained in the amendment made by section 

24 301); and 
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1 (G) $250,000 to complete the Asarco land 

2 exchange study under section 311(f) of the 

3 Southern Arizona Water Rights Settlement 

4 Amendments Act of 2003 (as contained in the 

5 amendment made by section 301); 

6 (7) the State has enacted legislation that—

7 (A) qualifies the Nation to earn long-term 

8 storage credits under the Asarco agreement; 

9 (B) implements the San Xavier ground10 water protection program in accordance with 

11 paragraph 8.8 of the Tohono O’odham settle12 ment agreement; 

13 (C) enables the State to carry out section 

14 306(b); and 

15 (D) confirms the jurisdiction of the State 

16 court having jurisdiction over Gila River adju17 dication proceedings and decrees to carry out 

18 the provisions of sections 312(d) and 312(h) of 

19 the Southern Arizona Water Rights Settlement 

20 Amendments Act of 2003 (as contained in the 

21 amendment made by section 301); 

22 (8) the Secretary and the State have agreed to 

23 an acceptable firming schedule referred to in section 

24 105(b)(2)(C); and 
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1 (9) a final judgment has been entered in Cen2 tral Arizona Water Conservation District v. United 

3 States (No. CIV 95–625–TUC–WDB(EHC), No. 

4 CIV 95–1720–PHX–EHC) (Consolidated Action) in 

5 accordance with the repayment stipulation as pro6 vided in section 207. 

7 (c) FAILURE TO PUBLISH STATEMENT OF FIND8 INGS.—If the Secretary does not publish a statement of 

9 findings under subsection (a) by December 31, 2007—

10 (1) the 1982 Act shall remain in full force and 

11 effect; 

12 (2) this title shall not take effect; and 

13 (3) any funds made available by the State 

14 under this title that are not expended, together with 

15 any interest on those funds, shall immediately revert 

16 to the State. 

17 TITLE IV—SAN CARLOS APACHE 

18 TRIBE WATER RIGHTS SET19 TLEMENT

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