II 
Calendar No. 340 
111TH CONGRESS 
2D SESSION 
H. R. 1065 
IN THE SENATE OF THE UNITED STATES 
JANUARY 22, 2010 
Received 
MARCH 26 (legislative day, MARCH 25), 2010 
Read twice and placed on the calendar 
AN ACT 
To resolve water rights claims of the White Mountain Apache 
Tribe in the State of Arizona, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘White Mountain 
Apache Tribe Water Rights Quantification Act of 2010’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) proceedings to determine the nature and ex-
tent of the water rights of the White Mountain 
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Apache Tribe, members of the Tribe, the United 
States, and other claimants are pending in— 
(A) the consolidated civil action in the Su-
perior Court of the State of Arizona for the 
County of Maricopa styled In re the General 
Adjudication of All Rights To Use Water In 
The Gila River System and Source, W–1 (Salt), 
W–2 (Verde), W–3 (Upper Gila), W–4 (San 
Pedro); and 
(B) the civil action pending in the Superior 
Court of the State of Arizona for the County of 
Apache styled In re the General Adjudication of 
All Rights to Use Water in the Little Colorado 
River System and Source and numbered CIV– 
6417; 
(2) a final resolution of those proceedings 
might— 
(A) take many years; 
(B) entail great expense; and 
(C) prolong uncertainty concerning the 
availability of water supplies; 
(3) the Tribe, non-Indian communities located 
near the reservation of the Tribe, and other Arizona 
water users have entered into the WMAT Water 
Rights Quantification Agreement— 
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(A) to permanently quantify the water 
rights of the Tribe, members of the Tribe, and 
the United States in its capacity as trustee for 
the Tribe and members in accordance with the 
Agreement; and 
(B) to seek funding, in accordance with 
applicable law, for the implementation of the 
Agreement; 
(4) it is the policy of the United States to quan-
tify and settle Indian water rights claims, and to 
promote Indian self-determination and economic 
self-sufficiency, without lengthy and costly litigation, 
if practicable; 
(5) certainty concerning the extent of the water 
rights of the Tribe will— 
(A) provide opportunities for economic de-
velopment of all parties to the proceeding; and 
(B) assist the Tribe to achieve self-deter-
mination and self-sufficiency; and 
(6) in keeping with the trust responsibility of 
the United States to Indian tribes, and to promote 
tribal sovereignty and economic self-sufficiency, it is 
appropriate that the United States implement the 
Agreement. 
(b) PURPOSES.—The purposes of this Act are— 
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(1) to authorize, ratify, and confirm the Agree-
ment; 
(2) to authorize and direct the Secretary to exe-
cute the Agreement and carry out all obligations of 
the Secretary under the Agreement; 
(3) to authorize the actions and appropriations 
necessary for the United States to meet the obliga-
tions of the United States under the Agreement and 
this Act; and 
(4) to permanently resolve certain damage 
claims and all water rights claims among— 
(A) the Tribe and its members; 
(B) the United States in its capacity as 
trustee for the Tribe and its members; 
(C) the parties to the Agreement; and 
(D) all other claimants in the proceedings 
referred to in subsection (a)(1). 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGREEMENT.—The ‘‘Agreement’’ means— 
(A) the WMAT Water Rights Quantifica-
tion Agreement dated January 13, 2009; and 
(B) any amendment or exhibit (including 
exhibit amendments) to that agreement that 
are— 
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(i) made in accordance with this Act; 
or 
(ii) otherwise approved by the Sec-
retary. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) CAP.—The term ‘‘CAP’’ means the rec-
lamation project authorized and constructed by the 
United States in accordance with title III of the Col-
orado River Basin Project Act (43 U.S.C. 1521 et 
seq.). 
(4) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’ means an individual or entity that has en-
tered into a long-term contract (as that term is used 
in the repayment stipulation) with the United States 
for delivery of water through the CAP system. 
(5) CAP FIXED
OM&R
CHARGE.—The term 
‘‘CAP fixed OM&R charge’’ has the meaning given 
the term in the repayment stipulation. 
(6) CAP M&I
PRIORITY
WATER.—The term 
‘‘CAP M&I priority water’’ means the CAP water 
having a municipal and industrial delivery priority 
under the repayment contract. 
(7) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means an individual or entity that 
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has entered into a long-term subcontract (as that 
term is used in the repayment stipulation) with the 
United States and the District for the delivery of 
water through the CAP system. 
(8) CAP SYSTEM.—The term ‘‘CAP system’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant 
works of a feature described in any of subpara-
graphs (A) through (D); and 
(F) any extension of, addition to, or re-
placement for a feature described in any of sub-
paragraphs (A) through (E). 
(9) CAP WATER.—The term ‘‘CAP water’’ 
means ‘‘Project Water’’ (as that term is defined in 
the repayment stipulation). 
(10) 
CONTRACT.—The 
term 
‘‘Contract’’ 
means— 
(A) the proposed contract between the 
Tribe and the United States attached as exhibit 
7.1 to the Agreement and numbered 08–XX– 
30–W0529; and 
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(B) any amendments to that contract. 
(11) DISTRICT.—The term ‘‘District’’ means 
the Central Arizona Water Conservation District, a 
political subdivision of the State that is the con-
tractor under the repayment contract. 
(12) ENFORCEABILITY DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 9(d)(1). 
(13) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(14) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means an interference with, dimi-
nution of, or deprivation of, a water right under 
Federal, State, or other law. 
(B) INCLUSIONS.—The term ‘‘injury to 
water rights’’ includes— 
(i) a change in the groundwater table; 
and 
(ii) any effect of such a change. 
(C) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include any injury to 
water quality. 
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(15) LOWER COLORADO RIVER BASIN DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
lished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543). 
(16) OFF-RESERVATION
TRUST
LAND.—The 
term ‘‘off-reservation trust land’’ means land— 
(A) located outside the exterior boundaries 
of the reservation that is held in trust by the 
United States for the benefit of the Tribe as of 
the enforceability date; and 
(B) depicted on the map attached to the 
Agreement as exhibit 2.57. 
(17) OPERATING
AGENCY.—The term ‘‘Oper-
ating Agency’’ means the 1 or more entities author-
ized to assume responsibility for the care, operation, 
maintenance, and replacement of the CAP system. 
(18) REPAYMENT CONTRACT.—The term ‘‘re-
payment contract’’ means— 
(A) the contract between the United States 
and the District for delivery of water and re-
payment of the costs of the CAP, numbered 
14–06–W–245 (Amendment No. 1), and dated 
December 1, 1988; and 
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(B) any amendment to, or revision of, that 
contract. 
(19) REPAYMENT
STIPULATION.—The term 
‘‘repayment stipulation’’ means the stipulated judg-
ment and the stipulation for judgment (including 
any exhibits to those documents) entered on Novem-
ber 21, 2007, in the United States District Court 
for the District of Arizona in the consolidated civil 
action styled Central Arizona Water Conservation 
District v. United States, et al., and numbered CIV 
95–625–TUC–WDB (EHC) and CIV 95–1720– 
PHX–EHC. 
(20) RESERVATION.— 
(A) IN GENERAL.—The term ‘‘reservation’’ 
means the land within the exterior boundary of 
the White Mountain Indian Reservation estab-
lished by the Executive order dated November 
9, 1871, as modified by subsequent Executive 
orders and Acts of Congress— 
(i) known on the date of enactment of 
this Act as the ‘‘Fort Apache Reservation’’ 
pursuant to the Act of June 7, 1897 (30 
Stat. 62, chapter 3); and 
(ii) generally depicted on the map at-
tached to the Agreement as exhibit 2.81. 
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known as the ‘‘Indian Reorganization Act’’) (25 
U.S.C. 476). 
(26) WATER RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface 
water, or effluent under Federal, State, or other law. 
(27) WMAT 
RURAL
WATER
SYSTEM.—The 
term ‘‘WMAT rural water system’’ means the mu-
nicipal, rural, and industrial water diversion, stor-
age, and delivery system described in section 7. 
(28) YEAR.—The term ‘‘year’’ means a cal-
endar year. 
SEC. 4. APPROVAL OF AGREEMENT. 
(a) APPROVAL.— 
(1) IN GENERAL.—Except to the extent that 
any provision of the Agreement conflicts with a pro-
vision of this Act, the Agreement is authorized, rati-
fied, and confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Agreement is authorized, ratified, and confirmed, to 
the extent that such an amendment is executed to 
make the Agreement consistent with this Act. 
(b) EXECUTION OF AGREEMENT.—To the extent that 
the Agreement does not conflict with this Act, the Sec-
retary shall— 
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(1) execute the Agreement (including signing 
any exhibit to the Agreement requiring the signature 
of the Secretary); and 
(2) execute any amendment to the Agreement 
necessary to make the Agreement consistent with 
this Act. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL COMPLIANCE.—In imple-
menting the Agreement, the Secretary shall prompt-
ly comply with all applicable requirements of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION OF AGREEMENT.— 
(A) IN GENERAL.—Execution of the Agree-
ment by the Secretary under this section shall 
not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
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(B) ENVIRONMENTAL COMPLIANCE.—The 
Secretary shall carry out all necessary environ-
mental compliance required by Federal law in 
implementing the Agreement. 
(3) LEAD AGENCY.—The Bureau shall serve as 
the lead agency with respect to ensuring environ-
mental compliance associated with the WMAT rural 
water system. 
SEC. 5. WATER RIGHTS. 
(a) TREATMENT OF TRIBAL WATER RIGHTS.—The 
tribal water rights— 
(1) shall be held in trust by the United States 
in perpetuity; and 
(2) shall not be subject to forfeiture or aban-
donment. 
(b) REALLOCATION.— 
(1) IN GENERAL.—In accordance with this Act 
and the Agreement, the Secretary shall reallocate to 
the Tribe, and offer to enter into a contract with the 
Tribe for the delivery in accordance with this section 
of— 
(A) an annual entitlement to 23,782 acre- 
feet per year of CAP water that has a non-In-
dian agricultural delivery priority (as defined in 
the Contract) in accordance with section 
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104(a)(1)(A)(iii) of the Arizona Water Settle-
ments Act (Public Law 108–451; 118 Stat. 
3488), of which— 
(i) 3,750 acre-feet per year shall be 
firmed by the United States for the benefit 
of the Tribe for the 100-year period begin-
ning on January 1, 2008, with priority 
equivalent to CAP M&I priority water, in 
accordance with section 105(b)(1)(B) of 
that Act (118 Stat. 3492); and 
(ii) 3,750 acre-feet per year shall be 
firmed by the State for the benefit of the 
Tribe for the 100-year period beginning on 
January 1, 2008, with priority equivalent 
to CAP M&I priority water, in accordance 
with section 105(b)(2)(B) of that Act (118 
Stat. 3492); and 
(B) an annual entitlement to 1,218 acre- 
feet per year of the water— 
(i) acquired by the Secretary through 
the permanent relinquishment of the 
Harquahala Valley Irrigation District CAP 
subcontract entitlement in accordance with 
the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Ir-
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rigation District, and the United States; 
and 
(ii) converted to CAP Indian Priority 
water (as defined in the Contract) pursu-
ant to the Fort McDowell Indian Commu-
nity Water Rights Settlement Act of 1990 
(Public Law 101–628; 104 Stat. 4480). 
(2) AUTHORITY OF TRIBE.—Subject to approval 
by the Secretary under section 6(a)(1), the Tribe 
shall have the sole authority to lease, distribute, ex-
change, or allocate the tribal CAP water described 
in paragraph (1). 
(c) WATER SERVICE CAPITAL CHARGES.—The Tribe 
shall not be responsible for any water service capital 
charge for tribal CAP water. 
(d) ALLOCATION AND REPAYMENT.—For the pur-
pose of determining the allocation and repayment of costs 
of any stages of the CAP constructed after November 21, 
2007, the costs associated with the delivery of water de-
scribed in subsection (b), regardless of whether the water 
is delivered for use by the Tribe or in accordance with 
any assignment, exchange, lease, option to lease, or other 
agreement for the temporary disposition of water entered 
into by Tribe, shall be— 
(1) nonreimbursable; and 
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(2) excluded from the repayment obligation of 
the District. 
(e) WATER CODE.—Not later than 18 months after 
the enforceability date, the Tribe shall enact a water code 
that— 
(1) governs the tribal water rights; and 
(2) includes, at a minimum— 
(A) provisions requiring the measurement, 
calculation, and recording of all diversions and 
depletions of water on the reservation and on 
off-reservation trust land; 
(B) terms of a water conservation plan, in-
cluding objectives, conservation measures, and 
an implementation timeline; 
(C) provisions requiring the approval of 
the Tribe for the severance and transfer of 
rights to the use of water from historically irri-
gated land identified in paragraph 11.3.2.1 of 
the Agreement to diversions and depletions on 
other non-historically irrigated land not located 
on the watershed of the same water source; and 
(D) provisions requiring the authorization 
of the Tribe for all diversions of water on the 
reservation and on off-reservation trust land by 
any individual or entity other than the Tribe. 
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SEC. 6. CONTRACT. 
(a) IN GENERAL.—The Secretary shall enter into the 
Contract, in accordance with the Agreement, to provide, 
among other things, that— 
(1) the Tribe, on approval of the Secretary, 
may— 
(A) enter into contracts or options to lease, 
contracts to exchange, or options to exchange 
tribal CAP water in Maricopa, Pinal, Pima, and 
Yavapai Counties in the State providing for the 
temporary delivery to any individual or entity of 
any portion of the tribal CAP water, subject to 
the condition that— 
(i) the term of the contract or option 
to lease shall not be longer than 100 years; 
(ii) the contracts or options to ex-
change shall be for the term provided in 
the contract or option; and 
(iii) a lease or option to lease pro-
viding for the temporary delivery of tribal 
CAP water shall require the lessee to pay 
to the Operating Agency all CAP fixed 
OM&R charges and all CAP pumping en-
ergy charges (as defined in the repayment 
stipulation) associated with the leased 
water; and 
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(B) renegotiate any lease at any time dur-
ing the term of the lease, subject to the condi-
tion that the term of the renegotiated lease 
shall not exceed 100 years; 
(2) no portion of the tribal CAP water may be 
permanently alienated; 
(3)(A) the Tribe (and not the United States in 
any capacity) shall be entitled to all consideration 
due to the Tribe under any contract or option to 
lease or exchange tribal CAP water entered into by 
the Tribe; and 
(B) the United States (in any capacity) has no 
trust or other obligation to monitor, administer, or 
account for, in any manner— 
(i) any funds received by the Tribe as con-
sideration under a contract or option to lease or 
exchange tribal CAP water; or 
(ii) the expenditure of those funds; 
(4)(A) all tribal CAP water shall be delivered 
through the CAP system; and 
(B) if the delivery capacity of the CAP system 
is significantly reduced or anticipated to be signifi-
cantly reduced for an extended period of time, the 
Tribe shall have the same CAP delivery rights as a 
CAP contractor or CAP subcontractor that is al-
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lowed to take delivery of water other than through 
the CAP system; 
(5) the Tribe may use tribal CAP water on or 
off the reservation for any purpose; 
(6) as authorized by subsection (f)(2)(A) of sec-
tion 403 of the Colorado River Basin Project Act 
(43 U.S.C. 1543) and to the extent that funds are 
available in the Lower Colorado River Basin Devel-
opment Fund established by subsection (a) of that 
section, the United States shall pay to the Operating 
Agency the CAP fixed OM&R charges associated 
with the delivery of tribal CAP water (except in the 
case of tribal CAP water leased by any individual or 
entity); 
(7) the Secretary shall waive the right of the 
Secretary to capture all return flow from project ex-
change water flowing from the exterior boundary of 
the reservation; and 
(8) no CAP water service capital charge shall 
be due or payable for the tribal CAP water, regard-
less of whether the water is delivered for use by the 
Tribe or pursuant to a contract or option to lease 
or exchange tribal CAP water entered into by the 
Tribe. 
(b) REQUIREMENTS.—The Contract shall be— 
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(1) for permanent service (within the meaning 
of section 5 of the Boulder Canyon Project Act (43 
U.S.C. 617d)); and 
(2) without limit as to term. 
(c) RATIFICATION.— 
(1) IN GENERAL.—Except to the extent that 
any provision of the Contract conflicts with a provi-
sion of this Act, the Contract is authorized, ratified, 
and confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Contract is authorized, ratified, and confirmed, to 
the extent that such an amendment is executed to 
make the Contract consistent with this Act. 
(d) EXECUTION OF CONTRACT.—To the extent that 
the Contract does not conflict with this Act, the Secretary 
shall execute the Contract. 
(e) PAYMENT OF CHARGES.—The Tribe, and any re-
cipient of tribal CAP water through a contract or option 
to lease or exchange, shall not be obligated to pay a water 
service capital charge or any other charge, payment, or 
fee for CAP water, except as provided in an applicable 
lease or exchange agreement. 
(f) PROHIBITIONS.— 
(1) USE
OUTSIDE
STATE.—No tribal CAP 
water may be leased, exchanged, forborne, or other-
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wise transferred by the Tribe in any way for use di-
rectly or indirectly outside the State. 
(2) USE OFF RESERVATION.—Except as author-
ized by this section and paragraph 4.7 of the Agree-
ment, no tribal water rights under this Act may be 
sold, leased, transferred, or used outside the bound-
aries of the reservation or off-reservation trust land 
other than pursuant to an exchange. 
(3) AGREEMENTS WITH ARIZONA WATER BANK-
ING AUTHORITY.—Nothing in this Act or the Agree-
ment limits the right of the Tribe to enter into an 
agreement with the Arizona Water Banking Author-
ity established by section 45–2421 of the Arizona 
Revised Statutes (or any successor entity), in ac-
cordance with State law. 
(g) LEASES.— 
(1) IN GENERAL.—To the extent the leases of 
tribal CAP Water by the Tribe to the District and 
to any of the cities, attached as exhibits to the 
Agreement, are not in conflict with the provisions of 
this Act— 
(A) those leases are authorized, ratified, 
and confirmed; and 
(B) the Secretary shall execute the leases. 
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(2) AMENDMENTS.—To the extent that amend-
ments are executed to make the leases described in 
paragraph (1) consistent with this Act, those amend-
ments are authorized, ratified, and confirmed. 
SEC. 7. AUTHORIZATION OF RURAL WATER SYSTEM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Bureau, 
shall plan, design, construct, operate, maintain, replace, 
and rehabilitate the WMAT rural water system as gen-
erally described in the project extension report dated Feb-
ruary 2007. 
(b) COMPONENTS.—The WMAT rural water system 
under subsection (a) shall consist of— 
(1) a dam and storage reservoir, pumping 
plant, and treatment facilities located along the 
North Fork White River near the community of 
Whiteriver; 
(2) pipelines extending from the water treat-
ment plants to existing water distribution systems 
serving the Whiteriver, Carrizo, and Cibecue areas, 
together with other communities along the pipeline; 
(3) connections to existing distribution facili-
ties, including public and private water systems in 
existence on the date of enactment of this Act; 
(4) appurtenant buildings and access roads; 
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(5) electrical power transmission and distribu-
tion facilities necessary for services to rural water 
system facilities; 
(6) all property and property rights necessary 
for the facilities described in this subsection; and 
(7) such other project components as the Sec-
retary determines to be appropriate to meet the 
water supply, economic, public health, and environ-
mental needs of the portions of the reservation 
served by the WMAT rural water system, including 
water storage tanks, water lines, and other facilities 
for the Tribe and the villages and towns on the res-
ervation. 
(c) SERVICE AREA.—The service area of the WMAT 
rural water system shall be as described in the Project 
Extension report dated February 2007. 
(d) CONSTRUCTION REQUIREMENTS.—The compo-
nents of the WMAT rural water system shall be planned 
and constructed to a size that is sufficient to meet the 
municipal, rural, and industrial water supply requirements 
of the WMAT rural water system service area during the 
period beginning on the date of enactment of this Act and 
ending not earlier than December 31, 2040. 
(e) TITLE.— 
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(1) IN GENERAL.—Title to the WMAT rural 
water system shall be held in trust by the United 
States in its capacity as trustee for the Tribe. 
(2) CONVEYANCE
TO
TRIBE.—The Secretary 
may convey to the Tribe title to the WMAT rural 
water system after publication by the Secretary in 
the Federal Register of a statement of findings 
that— 
(A) the designers’ operating criteria, 
standing operating procedures, emergency ac-
tion plan, and first filling and monitoring cri-
teria are established and in place, and the 
WMAT rural water system has been declared 
substantially complete; 
(B) the funds authorized to be appro-
priated under section 12(b)(3)(B) have been ap-
propriated and deposited in the WMAT Mainte-
nance Fund; and 
(C) the Tribe has been operating success-
fully under the established standing operating 
procedures for a period of 5 calendar years. 
(3) ALIENATION AND TAXATION.—Conveyance 
of title to the Tribe pursuant to paragraph (2) does 
not waive or alter any applicable Federal law prohib-
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iting alienation or taxation of the WMAT rural 
water system or the underlying reservation land. 
(f) TECHNICAL ASSISTANCE.—The Secretary shall 
provide such technical assistance as is necessary to enable 
the Tribe to plan, design, construct, operate, maintain, 
and replace the WMAT rural water system, including op-
eration and management training. 
(g) APPLICABILITY OF ISDEAA.— 
(1) AGREEMENT FOR SPECIFIC ACTIVITIES.— 
On receipt of a request of the Tribe, and in accord-
ance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), the 
Secretary shall enter into an agreement with the 
Tribe to carry out the activities authorized by this 
section. 
(2) CONTRACTS.—Any contract entered into 
pursuant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) for the 
purpose of carrying out any provision of this Act 
shall incorporate such provisions regarding periodic 
payment of funds, timing for use of funds, trans-
parency, oversight, reporting, and accountability as 
the Secretary determines to be necessary (at the sole 
discretion of the Secretary) to ensure appropriate 
stewardship of Federal funds. 
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(h) CONDITION.—As a condition of construction of 
the facilities authorized by this section, the Tribe shall 
provide, at no cost to the Secretary, all land or interests 
in land, as appropriate, that the Secretary identifies as 
being necessary for those facilities. 
(i) OPERATION AND MAINTENANCE.—Subject to the 
availability of appropriations as provided for in section 
12(e), the Secretary, acting through the Bureau, shall op-
erate and maintain the WMAT rural water system until 
the date on which title to the WMAT rural water system 
is conveyed to the Tribe pursuant to subsection (e)(2). 
SEC. 8. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits realized by the Tribe 
and its members under this Act shall be in full satisfaction 
of all claims of the Tribe and its members for water rights 
and injury to water rights, except as set forth in the 
Agreement, under Federal, State, or other law with re-
spect to the reservation and off-reservation trust land. 
(b) USES OF WATER.—All uses of water on land out-
side of the reservation, if and when such land is subse-
quently and finally determined to be part of the reserva-
tion through resolution of any dispute between the Tribe 
and the United States over the location of the reservation 
boundary, and any fee land within the reservation put into 
trust and made part of the reservation, shall be subject 
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to the maximum annual diversion amounts and the max-
imum annual depletion amounts specified in the Agree-
ment. 
(c) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a), nothing in this Act has the effect 
of recognizing or establishing any right of a member of 
the Tribe to water on the reservation. 
SEC. 9. WAIVER AND RELEASE OF CLAIMS. 
(a) IN GENERAL.—– 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.—Except as provided in subsection (b)(1), the 
Tribe, on behalf of itself and its members, and the 
United States, acting in its capacity of trustee for 
the Tribe and its members, as part of the perform-
ance of their obligations under the Agreement, are 
authorized to execute a waiver and release of any 
claims against the State (or any agency or political 
subdivision of the State), or any other person, enti-
ty, corporation, or municipal corporation under Fed-
eral, State, or other law for all— 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
and, thereafter, forever; and 
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(2) CLAIMS AGAINST TRIBE.—Except as pro-
vided in subsection (b)(3), the United States, in all 
its capacities (except as trustee for an Indian tribe 
other than the Tribe), as part of the performance of 
its obligations under the Agreement, is authorized to 
execute a waiver and release of any and all claims 
against the Tribe, its members, or any agency, offi-
cial, or employee of the Tribe, under Federal, State, 
or any other law for all— 
(A) past and present claims for injury to 
water rights resulting from the diversion or use 
of water on the reservation and on off-reserva-
tion trust land arising from time immemorial 
through the enforceability date; 
(B) claims for injury to water rights aris-
ing after the enforceability date resulting from 
the diversion or use of water on the reservation 
and on off-reservation trust land in a manner 
not in violation of the Agreement; and 
(C) past, present, and future claims aris-
ing out of or related in any manner to the nego-
tiation, execution, or adoption of the Agree-
ment, an applicable settlement judgement or de-
cree, or this Act. 
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(3) CLAIMS AGAINST UNITED STATES.—Except 
as provided in subsection (b)(2), the Tribe, on behalf 
of itself and its members, as part of the performance 
of the obligations of the Tribe under the Agreement, 
is authorized to execute a waiver and release of any 
claim against the United States, including agencies, 
officials, or employees of the United States (except 
in the capacity of the United States as trustee for 
other Indian tribes), under Federal, State, or other 
law for any and all— 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
and, thereafter, forever; and 
(ii) past, present, and future claims for 
water rights arising from time immemorial and, 
thereafter, forever that are based on aboriginal 
occupancy of land by the Tribe, its members, or 
their predecessors; 
(B)(i) past and present claims relating in 
any manner to damages, losses, or injuries to 
water, water rights, land, or other resources 
due to loss of water or water rights (including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
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water or water rights, claims relating to inter-
ference with, diversion, or taking of water, or 
claims relating to failure to protect, acquire, or 
develop water, water rights, or water infrastruc-
ture) within the reservation and off-reservation 
trust land that first accrued at any time prior 
to the enforceability date; 
(ii) past, present, and future claims for in-
jury to water rights arising from time immemo-
rial and, thereafter, forever that are based on 
aboriginal occupancy of land by the Tribe, its 
members, or their predecessors; and 
(iii) claims for injury to water rights aris-
ing after the enforceability date for the reserva-
tion and off-reservation trust land resulting 
from the off-reservation diversion or use of 
water in a manner not in violation of the Agree-
ment or applicable law; 
(C) past, present, and future claims aris-
ing out of or relating in any manner to the ne-
gotiation, execution, or adoption of the Agree-
ment, an applicable settlement judgment or de-
cree, or this Act; 
(D) past and present claims relating in any 
manner to pending litigation of claims relating 
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to the water rights of the Tribe for the reserva-
tion and off-reservation trust land; 
(E) past and present claims relating to the 
operation, maintenance, and replacement of ex-
isting irrigation systems on the reservation con-
structed prior to the enforceability date that 
first accrued at any time prior to the enforce-
ability date, which waiver shall only become ef-
fective on the full appropriation and payment to 
the Tribe of $4,950,000 authorized by section 
12(b)(2)(B); 
(F) future claims relating to operation, 
maintenance, and replacement of the WMAT 
rural water system, which waiver shall only be-
come effective on the full appropriation of funds 
authorized by section 12(b)(3)(B) and the de-
posit of those funds in the WMAT Maintenance 
Fund; 
(G) past and present breach of trust and 
negligence claims for damage to the land and 
natural resources of the Tribe caused by ripar-
ian and other vegetative manipulation by the 
United States for the purpose of increasing 
water runoff from the reservation that first ac-
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crued at any time prior to the enforceability 
date; and 
(H) past and present claims for trespass, 
use, and occupancy of the reservation in, on, 
and along the Black River that first accrued at 
any time prior to the enforceability date. 
(b) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.— 
(1) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY TRIBE AND UNITED STATES.— 
(A) IN
GENERAL.—Notwithstanding the 
waiver and release of claims authorized under 
subsection (a)(1), the Tribe, on behalf of itself 
and the members of the Tribe, and the United 
States, acting as trustee for the Tribe and 
members of the Tribe, shall retain any right— 
(i) subject to subparagraph 16.9 of 
the Agreement, to assert claims for inju-
ries to, and seek enforcement of, the rights 
of the Tribe and members of the Tribe 
under the Agreement or this Act in any 
Federal or State court of competent juris-
diction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
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Tribe under the judgment and decree en-
tered by the court in the Gila River adju-
dication proceedings; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe under the judgment and decree en-
tered by the court in the Little Colorado 
River adjudication proceedings; 
(iv) to object to any claims by or for 
any other Indian tribe, Indian community 
or nation, or dependent Indian community, 
or the United States on behalf of such a 
tribe, community, or nation; 
(v) to participate in the Gila River ad-
judication proceedings and the Little Colo-
rado River adjudication proceedings to the 
extent provided in subparagraph 14.1 of 
the Agreement; 
(vi) to assert any claims arising after 
the enforceability date for injury to water 
rights not specifically waived under this 
section; 
(vii) to assert any past, present, or fu-
ture claim for injury to water rights 
against any other Indian tribe, Indian 
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