I
106TH CONGRESS
2D SESSION
H. R. 5529
To provide for adjustments to the Central Arizona Project in Arizona, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 24, 2000
Mr. HAYWORTH (for himself, Mr. STUMP, Mr. KOLBE, Mr. PASTOR, Mr.
SALMON, and Mr. SHADEGG) introduced the following bill; which was re-
ferred to the Committee on Resources
A BILL
To provide for adjustments to the Central Arizona Project
in 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Arizona Water Settlements Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
the Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—CENTRAL ARIZONA PROJECT ADJUSTMENT ACT OF 2000
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
Sec. 104. General provisions.
Sec. 105. Allocation of CAP water.
Sec. 106. Firming of CAP indian water.
Sec. 107. Acquisition of non-indian agricultural priority CAP water.
Sec. 108. Lower colorado river basin development fund.
TITLE II—GILA RIVER INDIAN COMMUNITY WATER RIGHTS
SETTLEMENT ACT OF 2000
Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions.
Sec. 204. Approval of the Gila River Indian Community Water Rights Settle-
ment Agreement.
Sec. 205. Rights to water.
Sec. 206. Community water delivery contract amendments.
Sec. 207. Claims extinguishment: waivers and releases.
Sec. 208. Community trust funds.
Sec. 209. Community subsidence recovery trust account.
Sec. 210. Authorization of appropriations.
Sec. 211. After acquired trust lands.
Sec. 212. Miscellaneous provisions.
Sec. 213. Additional Upper Gila Valley issues.
TITLE III—SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
AMENDMENTS
Sec. 301. Amendment to Southern Arizona Water Rights Settlement Act of
1982.
‘‘TITLE III—SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
AMENDMENTS
‘‘Sec. 301. Short title.
‘‘Sec. 302. Congressional findings.
‘‘Sec. 303. Definitions.
‘‘Sec. 304. Water delivery and construction obligations.
‘‘Sec. 305. Deliveries under existing contract; alternative water supplies.
‘‘Sec. 306. Additional water delivery.
‘‘Sec. 307. Conditions on construction, water delivery, revenue sharing.
‘‘Sec. 308. Water code; water management plan; storage projects; storage
accounts; ground water.
‘‘Sec. 309. Status of lands acquired in exchange for lands within the Gila
Bend Indian Reservation.
‘‘Sec. 310. Uses of water.
‘‘Sec. 311. Expenditures from the trust fund of the Nation.
‘‘Sec. 312. Cooperative fund; expenditures.
‘‘Sec. 313. Contracting authority; environmental compliance; water quality;
studies; arid lands assistance.
‘‘Sec. 314. Authorization of appropriations.
‘‘Sec. 315. Settlement of claims.
‘‘Sec. 316. Nonreimbursable costs.
‘‘Sec. 317. Effective date.’’
TITLE IV—SAN CARLOS APACHE TRIBE WATER RIGHTS
SETTLEMENT ACT OF 2000
Sec. 401. Short title.
TITLE V—ENFORCEMENT AND EFFECTIVE DATE
Sec. 501. Effective date of authorization of appropriations.
Sec. 502. Expiration of effective date.
TITLE 
I—CENTRAL 
ARIZONA
PROJECT ADJUSTMENT ACT
OF 2000
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Central Arizona
Project Adjustment Act of 2000’’.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) The Central Arizona Project, and the water
that it brings to Maricopa, Pinal and Pima Counties
in Arizona, are vital resources to Arizona’s citizens.
(2) An agreement on final allocations of Central
Arizona Project water among all interested stake-
holders, including both Federal and State interests,
will provide important benefits to the Federal Gov-
ernment, the State of Arizona, and all of Arizona’s
citizens.
SEC. 103. DEFINITIONS.
In this title:
(1) ACRE-FEET.—The term ‘‘acre-feet’’ means
acre-feet per year.
(2) ARIZONA INDIAN TRIBES.—The term ‘‘Ari-
zona Indian Tribes’’ means any Indian tribe, band,
nation, or other organized group or community that
is recognized as eligible for the special programs and
services provided by the United States to Indians be-
cause of their status as Indians that is located in the
State of Arizona.
(3) CENTRAL ARIZONA PROJECT.—The terms
‘‘Central Arizona Project’’ and ‘‘CAP’’ mean the
reclamation project authorized and constructed by
the United States pursuant to title III of the Colo-
rado River Basin Project Act (43 U.S.C. 1501 et
seq.).
(4) CAP MASTER REPAYMENT CONTRACT.—The
term ‘‘CAP Master Repayment Contract’’ means the
Contract between the United States and the Central
Arizona Water Conservation District for Delivery of
Water and Repayment of Costs of the Central Ari-
zona Project, dated December 1, 1988 (Contract No.
14–06–W–245, Amendment No. 1), and any amend-
ment or revision thereof.
(5) CAWCD.—The term ‘‘CAWCD’’ means the
Central Arizona Water Conservation District (a po-
litical subdivision of the State of Arizona and a tax-
levying public improvement district organized under
the laws of the State of Arizona), or its successor,
which is the contractor under a contract with the
United States, dated December 15, 1972, for the de-
livery of water and repayment of costs of the Central
Arizona Project.
(6) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Arizona Department of Water
Resources.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(8) STIPULATION.—The term ‘‘Stipulation’’
means the Stipulation Regarding A Stay of Litiga-
tion, Resolution of Issues During the Stay and for
Ultimate Judgment Upon the Satisfaction of Condi-
tions as filed with the United States District Court
on May 3, 2000, in Central Arizona Water Con-
servation District v. United States (No. CIV 95–
625–TUC–WDB (EHC), No. CIV 95–1720–PHX–
EHC) (Consolidated Action)).
SEC. 104. GENERAL PROVISIONS.
(a) GENERAL RULE
OF CONSTRUCTION.—Except
with respect to the allocation of CAP water made in this
title, nothing in this title shall be construed to supersede
or otherwise affect any treaty, law, or agreement gov-
erning the use of water from the Colorado River or exist-
ing rights to use Colorado River water.
(b) REFERENCES.—Any references in this title to the
Arizona Department of Water Resources or the CAWCD
shall not be construed to limit the authority of the Gov-
ernor of Arizona or the Arizona State legislature to des-
ignate the appropriate State official or agency for actions
to be undertaken under this title.
(c) REPEAL.—Effective upon the entry of a final
judgment in Central Arizona Water Conservation District
v. United States (No. CIV 95–625–TUC–WDB (EHC),
No. CIV 95–1720–09–PHX–EHC) (Consolidated Ac-
tion)), consistent with the Order entered in that action
on May 9, 2000, section 11(h) of the Salt River Pima-
Maricopa Indian Community Water Rights Settlement Act
of 1988 (Public Law 100–512) is repealed.
(d) GENERAL PERMISSIBLE USES.—The Central Ari-
zona Project may be used for the transport of non-project
water for domestic, municipal, fish and wildlife, industrial,
and other beneficial purposes, including any purpose au-
thorized under the Central Arizona Project in accordance
with the CAP Master Repayment Contract.
(e) REPAYMENT OBLIGATION.—The Secretary is au-
thorized to establish the repayment obligation for CAWCD
as set forth in the Stipulation.
SEC. 105. ALLOCATION OF CAP WATER.
(a) 
NON-INDIAN
AGRICULTURAL
PRIORITY
WATER.—The Secretary shall reallocate and contract the
293,795 acre-feet of CAP non-Indian agricultural priority
water acquired pursuant to section 107 in the following
manner:
(1) 197,500 acre-feet of such water shall, while
retaining its non-Indian agricultural priority, be allo-
cated for use by Arizona Indian Tribes, and with re-
spect to such water the Secretary shall allocate and
contract—
(A) 102,000 acre-feet of such water to the
Gila River Indian Community;
(B) 28,200 acre-feet of such water to the
Tohono O’odham Nation; and
(C) the residual amount of 67,300 acre-
feet of such water to Arizona Indian Tribes
subject to the following:
(i) Such water shall be used to resolve
Indian water claims, and may be allocated
by the Secretary to Arizona Indian Tribes
in fulfillment of future Indian water rights
settlement agreements approved by an Act
of Congress. In the absence of an Indian
water rights settlement that is approved by
an Act of Congress after the date of enact-
section shall be leased, exchanged, or oth-
erwise transferred in any way for use di-
rectly or indirectly outside of the State of
Arizona.
(2) 96,295 acre-feet of such water shall be allo-
cated to the Arizona Department of Water Re-
sources to be held under contract in trust for future
allocation. Such water shall retain its non-Indian ag-
ricultural priority and shall be subject to the provi-
sions of the escrow agreement ratified and confirmed
under section 407(a), including certain rights pro-
vided to Pinal County water users under such agree-
ment. The Secretary shall execute appropriate docu-
mentation, including allocation decisions and a trust
contract, to memorialize the allocation of such water
under this paragraph. Such contract shall not au-
thorize the direct use of water by the Arizona De-
partment of Water Resources. With respect to the
water allocated under this paragraph, the following
shall apply:
(A) The Secretary shall not re-allocate any
water allocated under this paragraph unless the
Director of the Arizona Department of Water
Resources first makes a recommendation for
such an allocation. Upon such recommendation,
the Secretary shall implement such rec-
ommendation, pursuant to applicable Federal
law. The Secretary shall commence all nec-
essary reviews of the proposed allocation under
applicable Federal law, and pursue that review
until completion.
(B) In the event that any recommendation
made pursuant to subparagraph (A) is rejected,
the Secretary shall immediately upon such re-
jection request a revised recommendation from
the Director of the Arizona Department of
Water Resources and shall re-commence all nec-
essary reviews of the proposed allocation under
applicable Federal law.
(b) UNCONTRACTED CAP MUNICIPAL AND INDUS-
TRIAL PRIORITY WATER.—
(1) IN GENERAL.—The Secretary shall reallo-
cate and contract 65,647 acre-feet of, as of the date
of enactment of this Act, uncontracted CAP munic-
ipal and industrial priority water in the following
manner:
(A) 285 acre-feet of such water shall be al-
located to the Town of Superior, Arizona.
(B) 806 acre-feet of such water shall be al-
located to the Cave Creek Water Company.
(C) 1,931 acre-feet of such water shall be
allocated to the Chaparral Water Company.
(D) 508 acre-feet of such water shall be al-
located to the Town of El Mirage, Arizona.
(E) 7,211 acre-feet of such water shall be
allocated to the City of Goodyear, Arizona.
(F) 147 acre-feet of such water shall be al-
located to the H2O Water Company.
(G) 7,115 acre-feet of such water shall be
allocated to the City of Mesa, Arizona.
(H) 5,527 acre-feet of such water shall be
allocated to the City of Peoria, Arizona.
(I) 2,981 acre-feet of such water shall be
allocated to the City of Scottsdale, Arizona.
(J) 808 acre-feet of such water shall be al-
located to the AVRA Cooperative.
(K) 4,986 acre-feet of such water shall be
allocated to the City of Chandler, Arizona.
(L) 1,071 acre-feet of such water shall be
allocated to the Del Lago (Vail) Water Com-
pany.
(M) 3,053 acre-feet of such water shall be
allocated to the City of Glendale, Arizona.
(N) 1,521 acre-feet of such water shall be
allocated to the Community Water Company of
Green Valley, Arizona.
(O) 4,602 acre-feet of such water shall be
allocated to the Metropolitan Domestic Water
Improvement District.
(P) 3,557 acre-feet of such water shall be
allocated to the Town of Oro Valley, Arizona.
(Q) 8,206 acre-feet of such water shall be
allocated to the City of Phoenix, Arizona.
(R) 2,876 acre-feet of such water shall be
allocated to the City of Surprise, Arizona.
(S) 8,206 acre-feet of such water shall be
allocated to the City of Tucson, Arizona.
(T) 250 acre-feet of such water shall be al-
located to the Valley Utilities Water Company.
(2) DOCUMENTATION.—The Secretary shall
execute appropriate documentation, including alloca-
tion decisions and water delivery contracts, to me-
morialize the allocation of water under paragraph
(1) to the individual municipal and industrial users
immediately following the date of enactment of this
title and upon the satisfaction of all applicable provi-
sions of Federal law, including environmental re-
views required under applicable Federal law.
(3) RECOMMENDATIONS.—In the event that
any of the recommendations of the Director of the
Arizona Department of Water Resources for specific
allocations set forth in paragraph is rejected by the
Secretary, the Secretary shall proceed with all other
allocations and contracts, and immediately request a
revised recommendation from the Director for the
specific allocation rejected. Upon receipt of such a
request, the Secretary shall re-commence all nec-
essary reviews of the proposed allocation under ap-
plicable Federal law.
(4) SHORTAGE
SHARING
PRIORITY.—Shortage
sharing priority of CAP municipal and industrial
priority water allocations under this subsection shall
be as established in paragraph 8.5 of the Agreement
referred to in title II.
(c) TOTAL AMOUNTS ALLOCATED.—
(1) FEDERAL USE.—After the allocations have
been made under subsections (a) and (b), the re-
maining amount of CAP water shall be available to
be allocated to Arizona Indian Tribes, or to the Sec-
retary for use in future Indian water rights settle-
ments. Such amount shall, for purposes of para-
graph (2) by designated as ‘‘[x]’’ acre feet.
(2) NON-FEDERAL USE.—The amount of CAP
water available for long-term contracts to municipal
and industrial entities, the Arizona Department of
Water Resources, and non-Indian agricultural users
under subsections (a) and (b) shall be equal to 1.415
less [x] acre-feet, which shall be the total amount
available for non-Federal use.
(3) LIMITATION.—The allocations under this
section shall preclude the transfer of CAP water
from a non-Federal use to a Federal use, but shall
not prohibit the transfer of CAP water from one
non-Federal user to another non-Federal user.
(4) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to prohibit the leasing
of CAP water pursuant to an Indian water rights
settlement from an Arizona Indian Tribe to a non-
Federal user. Any such transfer shall be subject to
the approval of the Secretary who shall consult with
the Director of the Arizona Department of Water
Resources.
(5) CONSULTATION.—The requirement for con-
sultation with the Director under paragraph (4)
shall not apply to any transfer by Arizona Indian
Tribes. An exchange of CAP water is not a transfer
within the meaning of this subsection.
(d) LONG-TERM CONTRACTS.—The total amount of
water from the CAP that shall be available for long-term
contracts with the Secretary shall not exceed 1,415,000
acre-feet in the State of Arizona.
(e) AMENDMENTS BY SECRETARY.—Notwithstanding
the limitations of section 6 of the Act of August 4, 1939
(commonly known as the Reclamation Project Act of 1939
(43 U.S.C. 485e)) and subsections (b)(2) and (b)(3) of
section 304 of the Colorado River Basin Project Act (43
U.S.C. 1524(b)(2) and (3)), the Secretary shall offer
amendments to all CAP municipal and industrial
subcontracts—
(1) to provide that such subcontract be for per-
manent service (as such term is used in section 5 of
the Boulder Canyon Project Act of 1928 (43 U.S.C.
617d)), with a delivery term of 100 years;
(2) to conform to the shortage sharing criteria
set forth in paragraph 8.5 of the Agreement referred
to in title II; and
(3) to delete the provisions of such subcontracts
that require that any CAP water received by a city
in exchange for effluent shall be deducted from that
city’s CAP contractual entitlement.
All remaining terms of such municipal and industrial sub-
contracts shall remain unchanged.
SEC. 106. FIRMING OF CAP INDIAN WATER.
(a) FIRMING PROGRAM.—The Secretary and the
State of Arizona shall develop a firming program to ensure
that 60,648 acre-feet of the 197,500 acre-feet of non-In-
dian agricultural priority water to be allocated by the Sec-
retary to Arizona Indian Tribes under section 105(a)(1),
will be delivered in times of shortage as if such water were
municipal and industrial priority water within the CAP
system. Such firming program shall remain in effect for
the 100-year period beginning on the date of enactment
of this Act.
(b) LEVELS OF COOPERATION.—
(1) IN GENERAL.—The Secretary and the State
of Arizona may enter into an agreement to—
(A) cooperate in implementing the firming
program under subsection (a); or
(B) separately fulfill the obligations of
each respective official under the such program.
(2) ASSIGNED
RESPONSIBILITIES.—Notwith-
standing an agreement under paragraph (1), the fol-
lowing shall apply with respect to the responsibility
of the Secretary and the State of Arizona certain
costs and firming burdens:
(A) The Secretary shall be responsible for
firming the 28,200 acre-feet of non-Indian agri-
cultural priority water allocated to the Tohono
O’odham Nation under section 105.
(B) The State of Arizona shall be respon-
sible for firming 15,000 acre-feet of the
102,000 acre-feet of non-Indian agricultural
priority water allocated to the Gila River Indian
Community under section 105.
(C) The Secretary shall be responsible for
firming 8,724 acre-feet of the 67,300 acre-feet
of non-Indian agricultural priority water re-
tained by the Secretary under section 105 for
allocation to Arizona Indian Tribes.
(D) The State of Arizona shall be respon-
sible for firming 8,724 acre-feet of the 67,300
acre-feet of non-Indian agricultural priority
water retained by the Secretary under section
105 for allocation to Arizona Indian Tribes.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated, such sums as may be nec-
essary to enable the Secretary to comply with the obliga-
tions imposed under this section.
SEC. 107. ACQUISITION OF NON-INDIAN AGRICULTURAL
PRIORITY CAP WATER.
(a) RATIFICATION OF AGREEMENT.—The agreement
entitled ‘‘Escrow Agreement for the Acquisition and Allo-
cation of Central Arizona Water’’ and executed by the Sec-
retary on lllllll is hereby ratified and con-
firmed.
(b) DEBT.—In accordance with the terms of the
agreement described in subsection (a), the portion of the
debt incurred under section 9(d) of the Act of August 4,
1939 (commonly known as the Reclamation Project Act
of 1939 (43 U.S.C. 485h)), and identified in that Agree-
ment to be declared non-repayable to the United States,
is hereby declared to be non-repayable to the United
States in an amount not to exceed $73,561,337.
(c) NONAPPLICATION
OF PROVISIONS.—All lands
within the Gila River Indian Reservation, Salt River
Project Agricultural Improvement and Power District,
Roosevelt Water Conservation District, San Carlos Irriga-
tion and Drainage District, Maricopa Stanfield Irrigation
& Drainage District, Roosevelt Irrigation District, Central
Arizona Irrigation and Drainage District, Maricopa Water
District, Hohokam Irrigation and Drainage District, New
Magma Irrigation and Drainage District, Queen Creek Ir-
rigation District, San Tan Irrigation District and Chan-
dler Heights Citrus Irrigation District, and any other such
lands as may become part of such districts or Reservation
after the date of enactment of this Act, shall be free from
the ownership and full cost pricing limitations of Federal
reclamation law and from all full cost pricing provisions
of Federal law.
(d) DISCLAIMER.—No person, entity, or land shall
become subject to the provisions of the Reclamation Re-
form Act of 1982 (43 U.S.C. 390aa et seq.), or any full
cost pricing provision of Federal law, by virtue of the par-
ticipation of such person, entity, or land in the settlement,
or the execution and performance of the Agreement or the
use, storage, or delivery of CAP water pursuant to a lease,
sublease, or exchange of water to which Arizona Indian
Tribes are entitled under this Act.
SEC. 108. LOWER COLORADO RIVER BASIN DEVELOPMENT
FUND.
(a) IN GENERAL.—Section 403(f) of the Colorado
River Basin Project Act (43 U.S.C. 1543(f)) is amended
to read as follows:
‘‘(f)(1) Moneys credited to the development fund pur-
suant to subsection (b) and clauses (1) and (3) of sub-
section (c), and the portion of revenues derived from the
sale of power and energy for use in Arizona pursuant to
clause (2) of subsection (c) in excess of the amount nec-
essary to meet the requirements of clauses (1) and (2)
of subsection (d), shall be credited annually against the
annual payment owed by the Central Arizona Water Con-
servation District to the United States for the Central Ari-
zona Project.
‘‘(2) After being credited in accordance with clause
(1), moneys credited to the development fund pursuant to
subsection (b) and clauses (1) and (3) of subsection (c),
and the portion of revenues derived from the sale of power
and energy for use in Arizona pursuant to clause (2) of
subsection (c) in excess of the amount necessary to meet
the requirements of clauses (1) and (2) of subsection (d),
shall be available without further appropriation for, in
order of priority—
‘‘(A) fixed operation, maintenance and replace-
ment charges associated with the delivery of Central
Arizona Project water under long-term contracts
held by Arizona Indian Tribes (as defined in section
103(2) of the Central Arizona Project Adjustment
Act of 2000);
‘‘(B) payment to the Gila River Indian Commu-
nity Settlement Development Trust Fund, estab-
lished pursuant to section 208 of the Gila River In-
dian Community Water Rights Settlement Act of
2000, which payments shall, in the aggregate, total
$200,000,000;
‘‘(C) in addition to funds made available
through annual appropriations, and without regard
to any particular priority—
‘‘(i) costs associated with the construction
of Gila River Indian Community Central Ari-
zona Project distribution systems under Con-
tract No. 6–07–03–W0345 between the United
States and the Community dated May 4, 1998;
‘‘(ii) costs associated with the construction
of distribution systems required to implement
the provisions of section 3707(a)(1) of the San
Carlos Apache Tribe Water Rights Settlement
Act of 1992 (106 Stat. 4740);
‘‘(iii) costs associated with the construction
of distribution systems required to implement
the provisions of 303(a)(1) and (2) of the
Southern Arizona Water Rights Settlement Act
of 1982 (96 Stat. 1279);
‘‘(iv) costs authorized by Congress (includ-
ing any costs to construct distribution systems,
but not including costs otherwise payable by
non-Federal, non-Indian parties) pursuant to
future Arizona Indian water rights settlement
Acts; and
‘‘(v) other costs authorized pursuant to
Gila River Indian Community Water Rights
Settlement Act of 2000 or the Southern Ari-
zona Water Rights Settlement Amendments Act
of 2000;
‘‘(D) in addition to funds made available
through annual appropriations Acts, costs associated
with the construction of on-reservation Central Ari-
zona Project distribution systems for the Yavapai
Apache (Camp Verde), Tohono O’odham Nation (Sif
Oidak District), Pascua Yaqui, and Tonto Apache
tribes or for cash payments to such tribes as pro-
vided for in paragraph 8(d)(i)(1)(iv) of the Stipula-
tion (as defined in section 103(8) of the Central Ari-
zona Project Adjustment Act of 2000), except that
in the event of a water rights settlement Act author-
izing such construction in the case of any of the
tribes described in this subparagraph, the provisions
of subparagraph (C) of this clause shall apply to
such tribe or tribes; and
‘‘(E) payment to the general fund of the Treas-
ury.
‘‘(3) Any moneys credited to the development fund
pursuant to subsection (b) and clauses (1) and (3) of sub-
section (c), and the portion of revenues derived from the
sale of power and energy for use in Arizona pursuant to
clause (2) of subsection (c) that are in excess of the
amount necessary to meet the requirements of clauses (1)
and (2) of subsection (d) and that are in excess of the
amount credited annually under clause (1), shall be avail-
able without further appropriation for, in order of priority:
‘‘(A) fixed operation, maintenance and replace-
ment charges associated with the delivery of Central
Arizona Project water under long-term contracts
held by Arizona Indian Tribes (as defined for pur-
poses of paragraph (2));
‘‘(B) the final remaining year’s annual payment
for the costs of each unit of the projects or separable
feature thereof authorized pursuant to title III that
are repayable by the Central Arizona Water Con-
servation District;
‘‘(C) repayment to the Treasury of fixed oper-
ation, maintenance and replacement costs previously
paid pursuant to clause (2)(A);
‘‘(D) repayment to the Treasury of costs associ-
ated with any Indian water rights settlement pre-
viously paid pursuant to clause (2)(B), 2(C) or
(2)(D);
‘‘(E) payment to the Treasury of any annual
installment on any Central Arizona Project-related
debt under section 9(d) of the Act of August 4,
1939 (referred to as the Reclamation Project Act of
1939 (43 U.S.C. 485h(d))) assumed by the United
States pursuant to section 107(b) of the Central Ar-
izona Project Adjustment Act of 2000;
‘‘(F) payment to the Treasury of the difference
between the costs of each unit of the projects or sep-
arable features thereof authorized pursuant to title
III that are repayable by the Central Arizona Water
Conservation District and the result of any Central
Arizona Project cost allocation undertaken by the
United States; and
‘‘(G) payment to the general fund of the Treas-
ury.’’
(b) COMPLIANCE
WITH
BIOLOGICAL
ORDERS.—
There is authorized to be appropriated—
(1) funds necessary to comply with Biological
Opinion Number 2–21–90–F–119 relating to the
Transportation and Delivery of Central Arizona
Project Water to the Gila River Basin dated April
15, 1994, including any funding transfers required
by such opinion, and all such funds shall be treated
as construction costs; and
(2) funds necessary to comply with any final
Biological Opinion resulting from the draft Biologi-
cal Opinion Number 2–21–91–F–706 dated May
1999 dealing with the Impacts of the Central Ari-
zona Project to Gila Topminnow in the Santa Cruz
River Basin through introduction and Spread of
Nonnative Aquatic Species including any funding
transfers required by such opinion, and all such ex-
pended funds shall be treated as construction costs.
(c) NAVAJO POWER MARKETING PLAN.—The Sec-
retary shall amend the Navajo Power Marketing Plan con-
sistent with the provisions of paragraph 8(c) of the Stipu-
lation.
(d) TERMINATION.—If a final judgment is not en-
tered in Central Arizona Water Conservation District v.
United States (No. CIV–95–625–TUC–WDB (EHC), No.
CIV 95–1720–PHX–EHC (Consolidated)), in accordance
with the Stipulation, the authority granted under section
403(f)(2) and 403(f)(3) of the Colorado River Basin
Project Act (as amended by subsection (a)) shall be termi-
nated and have no force or effect.
TITLE II—GILA RIVER INDIAN
COMMUNITY WATER RIGHTS
SETTLEMENT ACT OF 2000
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Gila River Indian
Community Water Rights Settlement Act of 2000’’.
SEC. 202. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds and declares that—
(1) it is the policy of the United States, in
keeping its trust responsibility to Indian tribes, to
promote Indian self-determination and economic
self-sufficiency, and to settle, wherever possible, In-
dian water rights claims without lengthy and costly
litigation;
(2) meaningful Indian self-determination and
economic self-sufficiency largely depend on the devel-
opment of a viable Indian reservation economy;
(3) the quantification of rights to water and de-
velopment of facilities needed to utilize tribal water
supplies in an effective manner is essential to the de-
velopment of viable reservation economies, particu-
larly in arid western States;
(4) the United States obtained certain water
entitlements pursuant to the Globe Equity Decree of
1935 for use on the reservation, however, continued
uncertainty as to the full extent of the Community’s
entitlement to water has severely limited its access
to water and financial resources necessary to develop
its valuable agricultural lands and frustrated its ef-
fort to achieve meaningful self-determination and
self-sufficiency;
(5) proceedings to determine and enforce the
full extent and nature of the Community’s water
rights and damages thereto are currently pending
before the United States District Court in Arizona,
and water rights claims are pending in the Superior
Court of the State of Arizona in and for Maricopa
County as part of the General Stream Adjudication
of the Gila River System and Source;
(6) since final resolution of pending litigation
will take many years and entail great expense, con-
tinue economically and socially damaging limits to
the access to water for the Community, prolong un-
certainty as to the availability of water supplies, and
seriously impair long-term economic planning and
development, the Community and its neighbors have
therefore sought to settle their disputes concerning
water and reduce the burdens of litigation;
(7) after many years of negotiations, the United
States, the Community, and its neighbors, many of
whom are parties to the General Stream Adjudica-
tion of the Gila River and its Source, have entered
into the Agreement to permanently resolve all water
rights and damage claims between and among them-
selves, and to quantify the Community’s and
allottees’ entitlement to water; and
(8) to advance the goals of Federal Indian pol-
icy and to act consistently with the trust responsi-
bility of the United States to the Community and to
allottees, it is appropriate that the United States
participate in the implementation of the Agreement
and contribute funds so as to enable the Community
and allottees to utilize their water entitlements rec-
ognized or provided for in the Agreement or this
title in developing a diverse and efficient economy.
(b) PURPOSES.—It is the purpose of this Act—
(1) to approve, ratify, and confirm the Agree-
ment;
(2) to authorize and direct the Secretary of the
Interior to execute and perform all obligations of the
Secretary under the Agreement; and
(3) to authorize the actions and appropriations
of amounts necessary for the United States to meet
its obligations as provided for in the Agreement and
this title.
SEC. 203. DEFINITIONS.
In this title:
(1) AFTER
ACQUIRED
TRUST
LANDS.—The
term ‘‘after acquired trust lands’’ means lands with-
in the State of Arizona and outside the exterior
boundaries of the Gila River Indian Reservation that
are taken into trust by the United States for the
benefit of the Community after the effective date de-
scribed in title V. After acquired trust lands shall
not be considered lands within an Indian reservation
or lands owned or held by any Indian for the pur-
poses of article 20, paragraph 5 of the Arizona Con-
stitution, for the purpose of paying in lieu taxes pur-
suant to section 211(d) and the Intergovernmental
Agreement between the Gila River Indian Commu-
nity and the State of Arizona, Intergovernmental
Trust Consultation as of the effective date of the
Settlement Agreement.
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’
means the Gila River Indian Community Water
Rights Settlement Agreement, including all exhibits,
dated lll, and executed by the parties.
(3) ALLOTTEES.—The term ‘‘allottees’’ means
individuals who have an ownership interest in an In-
dian allotment located within the Gila River Indian
Reservation, which interest is held in trust by the
United States.
(4) ASARCO.—The term ‘‘Asarco’’ shall mean
Asarco Incorporated, a New Jersey corporation oper-
ating mining operations in Arizona.
(5) CENTRAL ARIZONA PROJECT.—The terms
‘‘Central Arizona Project’’ and ‘‘CAP’’ mean the
reclamation project authorized and constructed by
the United States pursuant to title III of the Colo-
rado River Basin Project Act (43 U.S.C. 1501 et
seq.).
(6) CAP MASTER REPAYMENT CONTRACT.—The
term ‘‘CAP Master Repayment Contract’’ means the
Contract between the United States and the Central
Arizona Water Conservation District for Delivery of
Water and Repayment of Costs of the Central Ari-
zona Project, dated December 1, 1988 (Contract No.
14–06–W–245, Amendment No. 1), and any amend-
ment or revision thereof.
(7) CAP SYSTEM.—The term ‘‘CAP system’’
means the Mark Wilmer Pumping Plant, the Hay-
den-Rhodes Aqueduct, the Fannin-McFarland Aque-
duct, the Tucson Aqueduct, the associated pumping
plants and appurtenant works of the Central Ari-
zona Project aqueduct system and any extensions,
additions thereto, or replacement features thereof.
(8) COMMUNITY CAP WATER.—The term ‘‘Com-
munity CAP water’’ means water to which the Com-
munity is entitled pursuant to the Community’s
CAP Water Delivery Contract.
(9) COMMUNITY’S CAP WATER DELIVERY CON-
TRACT.—The term ‘‘Community’s CAP water deliv-
ery contract’’ means Contract No. 3–07–30–W0284
between the Community and the United States
dated October 22, 1992, as amended.
(10) COMMUNITY’S MASTER REPAYMENT CON-
TRACT.—The term ‘‘Community’s master repayment
contract’’ means Contract No. 6–07–03–W0345 be-
tween the United States and the Community dated
May 4, 1998, providing for the construction of the
water delivery facilities on the reservation.
(11) GENERAL STREAM ADJUDICATION OF THE
GILA RIVER SYSTEM AND SOURCE.—The term ‘‘gen-
eral stream adjudication of the Gila River system
and source’’ means the action pending in the Supe-
rior Court of the State of Arizona in and for the
County of Maricopa styled as ‘‘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)).
(l2) GILA RIVER INDIAN COMMUNITY; COMMU-
NITY.—The terms ‘‘Gila River Indian Community’’
or ‘‘Community’’ mean the government, composed of
members of the Pima Tribe and the Maricopa Tribe,
which is organized under section 16 of the Act of
June 18, 1934 (25 U.S.C. 476), and which was
originally recognized by the Secretary as the Gila
River Pima-Maricopa Indian Community of the Gila
River Indian Reservation and has subsequently been
recognized by the Secretary as the Gila River Indian
Community of the Gila River Indian Reservation,
and its members.
(13) GILA RIVER INDIAN RESERVATION; RES-
ERVATION.—The terms ‘‘Gila River Indian reserva-
tion’’ or ‘‘reservation’’ mean those lands held in
trust by the United States for the benefit of the Gila
River Indian Community and its members located
within the exterior borders of the reservation, as cre-
ated pursuant to the Act of February 28, 1859, and
modified by the Executive Orders of August 31,
1876, June 14, 1879, May 5, 1882, November 15,
1883, July 31, 1911, June 2, 1913, August 27,
1914, and July 19, 1915.
(14) GLOBE
EQUITY
DECREE.—The term
‘‘Globe equity decree’’ means the decree dated June
29, 1935, and entered in The United States of
America v. Gila Valley Irrigation District, et al.,
Globe Equity No. 59, in the United States District
Court in and for the District of Arizona, and all
court orders and decisions supplemental thereto.
(15) INJURIES TO WATER RIGHTS.—The term
‘‘injuries to water rights’’ means any interference
with, diminution of, or deprivation of water rights or
water quality, under Federal, State or other law, in-
cluding changes in the underground water table and
the effects of such changes. Such term does not in-
clude claims related to subsidence damage.
(16) IGA WITH RESPECT TO WATER RIGHTS.—
The term ‘‘IGA with respect to water rights’’ means
the Intergovernmental Agreement between the Gila
River Indian Community and the State of Arizona
for Water Rights and Management on After Ac-
quired Trust Lands attached as exhibit lll to
the Agreement.
(17) INTERGOVERNMENTAL TRUST CONSULTA-
TION
AGREEMENT.—The term ‘‘Intergovernmental
Trust Consultation Agreement’’ means the Intergov-
ernmental Agreement between the Gila River Indian
Community and the State of Arizona for Intergov-
ernmental Trust Consultation attached as Exhibit
lll to the Agreement.
(18) ROOSEVELT WATER CONSERVATION DIS-
TRICT.—The terms ‘‘Roosevelt Water Conservation
District’’ and ‘‘RWCD’’ mean the entity of that
name which is a political subdivision of the State of
Arizona and an irrigation district organized under
the laws of the State of Arizona.
(19) SAN CARLOS IRRIGATION AND DRAINAGE
DISTRICT.—The terms ‘‘San Carlos Irrigation and
Drainage District’’ and ‘‘SCIDD’’ mean the non-In-
dian component of the entity of that name which is
a political subdivision of the State of Arizona and an
irrigation and drainage district organized under the
laws of the State of Arizona.
(20) SCIP.—The term ‘‘SCIP’’ means the San
Carlos Irrigation Project authorized pursuant to the
Act of June 7, 1924 (43 Stat. 475) and expanded
pursuant to the Act of March 7, 1928 (45 Stat.
200).
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(22) SUBSIDENCE DAMAGE.—The term ‘‘sub-
sidence damage’’ means injury to land, water, or
other property from the settling of geologic strata or
from cracking in the earth’s surface of any length or
depth, which is caused by the withdrawal of ground
water.
(23) TRUST LANDS.—The term ‘‘trust lands’’
means any lands outside the reservation that are
held in trust by the United States for the benefit of
the Community and its members as of the effective
date of this title.
(24) WATER RIGHTS.—The term ‘‘water rights’’
means any and all rights in or to ground water, sur-
face water, or effluent under Federal, State or other
law.
SEC. 204. APPROVAL OF THE GILA RIVER INDIAN COMMU-
NITY WATER RIGHTS SETTLEMENT AGREE-
MENT.
(a) IN GENERAL.—Except to the extent that the
Agreement conflicts with a provision of this title, such
Agreement is hereby approved, ratified and confirmed.
(b) EXECUTION
OF AGREEMENT.—The Secretary
shall execute the Agreement, including any amendments
necessary to make the Agreement consistent with this
title, after the Community has executed the Agreement
and such amendments.
(c) NATIONAL ENVIRONMENTAL POLICY ACT.—Exe-
cution of the Agreement by the Secretary under this sec-
tion shall not constitute a major Federal action under the
National Environmental Policy Act (42 U.S.C. 4321 et.
seq.). The Secretary shall carry out all necessary environ-
mental compliance activities during the implementation of
the Agreement, including activities under the National En-
vironmental Policy Act and the Endangered Species Act
(16 U.S.C. 1531 et. seq.). With respect to the Agreement,
the Bureau of Reclamation shall be designated as the lead
agency in regard to environmental compliance.
(d) REHABILITATION OF CERTAIN WATER WORKS.—
(1) IN GENERAL.—The Secretary shall rehabili-
tate the SCIP water diversion and delivery works.
(2) EXISTING CONTRACTS.—The Pima Lateral
and those distribution canals receiving water there-
from shall be rehabilitated under paragraph (1)
through contracts with the Community that are in
effect on the date of enactment of this Act.
(3) REMAINDER.—The Secretary shall accom-
plish the remainder of the rehabilitation required
under paragraph (1) through the execution of a sup-
plemental repayment contract with SCIDD in the
form provided for in Exhibit 21lll of the Agree-
ment.
SEC. 205. RIGHTS TO WATER.
(a) RIGHTS HELD IN TRUST.—The Community’s and
allottees’ rights to water as described in the Agreement
shall be held in trust by the United States on their behalf.
(b) REALLOCATION.—In accordance with this title
and the Agreement the Secretary shall reallocate to the
Community—
(1) an annual entitlement to 18,600 acre-feet of
CAP non-Indian agricultural priority water, held by
the Secretary on the date of enactment of this Act
for the benefit of the Community pursuant to an
agreement among the Secretary, the Community,
and the RWCD pursuant to which RWCD relin-
quished its entitlement to CAP non-Indian agricul-
tural priority water under that agreement among the
United States, CAWCD, and RWCD dated Novem-
ber 18, 1991 (No. 2–07–30–W0268), together with
any entitlement to agricultural priority water reallo-
cated to the RWCD under the Final Reallocation
Decision published in the Federal Register (Volume
47, No. 24, on February 25, 1992, at page 4470 et
seq.);
(2) an annual entitlement to 17,800 acre-feet of
CAP Indian priority water which was previously allo-
cated with a non-Indian agricultural priority to the
Harquahala Valley Irrigation District (referred to in
this title as ‘‘HVID’’), and thereafter, permanently
relinquished by HVID in accordance with Contract
No. 3–07–W0290 among the Central Arizona Water
Conservation District, HVID, and the United States,
and converted to CAP Indian priority water pursu-
ant to Public Law 101–468;
(3) an annual entitlement to 17,000 acre-feet of
CAP municipal and industrial priority water which
the Secretary previously allocated to Asarco in the
Notice of Final Allocation to Indian and Non-Indian
Water Users and Related Decisions, dated March
24, 1983 (48 Fed Reg 12466, et seq.) as provided
for in and subject to the terms of Exhibit 12.1 to
the Agreement; and
(4) an annual entitlement to 102,000 acre-feet
of CAP non-Indian agricultural priority water made
available pursuant to the agreement ratified in sec-
tion 107(a).
(c) WATER SERVICE CAPITAL CHARGES.—The Com-
munity shall not be responsible for water service capital
charges, or any other charges or payments, for CAP
water, except for operation, maintenance and replacement
costs as provided for in section 206.
(d) ALLOCATION AND REPAYMENT.—For the pur-
pose of determining the allocation and repayment of costs
of the CAP as provided for in article 9.3 of the CAP Mas-
ter Repayment Contract, the costs associated with the de-
livery of water under the Community CAP Water Delivery
Contract shall be non-reimbursable, and such costs shall
be excluded from the repayment obligation of the Central
Arizona Water Conservation District.
(e) APPLICATION OF PROVISIONS.—The water rights
recognized and confirmed to the Community by the Agree-
ment, and this title, shall be subject to section 7 of the
Act of February 8, 1887 (25 U.S.C. 381). The community
shall enact a water code, subject to any applicable provi-
sion of law, that—
(1) manages, regulates, and controls the water
resources on the reservation;
(2) governs all of the water rights which are
held in trust by the United States for the benefit of
the Community and allottees; and
(3) includes, subject to approval of the
Secretary—
(A) a process by which any allottee, or any
successor in interest to an allottee, may request
and be provided with a fair and equitable dis-
tribution of water for use on his or her allotted
lands; and
(B) a due process system for the consider-
ation and determination of any request by any
allottee, or any successor in interest to an allot-
tee, for distribution of water, including a proc-
ess for appeal and adjudication of denied or dis-
puted distributions of water and for resolution
of contested administrative decisions.
SEC. 
206. 
COMMUNITY 
WATER 
DELIVERY 
CONTRACT
AMENDMENTS.
(a) IN GENERAL.—The Secretary shall amend the
Community’s CAP Water Delivery Contract as provided
for in the Agreement to—
(1) provide that the contract shall be for per-
manent service, as that term is used for purposes of
section 5 of the Boulder Canyon Project Act of 1928
(43 U.S.C. 617d) and without limit as to term;
(2) authorize the Community to lease or to
enter into an option or options to lease, as provided
for in the Agreement, and such other leases, or op-
tions to lease, providing for the delivery to or use by
others of any portion of the water to which the Com-
munity is entitled under the contract for terms not
exceeding 100 years, and to authorize the Commu-
nity to renegotiate any lease or enter into new leases
during the term of any existing leases so long as the
term of any new lease does not exceed 100 years;
(3) authorize the Community to use water to
which the Community is entitled under the contract
on lands owned by the Community or held in trust
for the benefit of the Community within Arizona;
(4) provide that all CAP water to which the
Community is entitled under the contract shall be
delivered through the CAP System; and
(5) provide that the costs allocable to the Com-
munity for the construction of the CAP System shall
be non-reimbursable, and such costs shall be ex-
cluded from any repayment obligation of the Com-
munity.
(b) PAYMENT OF CHARGES.—As authorized by sec-
tion 403(f) of the Colorado River Basin Project Act (as
amended by section 108(a)), the United States shall pay,
or provide for the payment of, CAP Fixed OM&R Charges
as provided for in paragraph 8 of the Agreement.
(c) RATIFICATION OF LEASES.—The leases of Com-
munity CAP water by the Community to Asarco, Phelps
Dodge and to any or all of the cities of Chandler, Glendale,
Goodyear, Mesa, Peoria, Phoenix, and Scottsdale, Ari-
zona, attached as exhibits to the Agreement, are hereby
authorized, ratified and confirmed, and the Secretary shall
execute such leases. Neither the Community nor any re-
cipient of Community CAP water through lease or ex-
change, shall be obligated to pay water service capital
charges or any other charges, payments or fees for such
water, except as expressly provided for in the lease or ex-
change agreement.
(d) RECLAIMED WATER EXCHANGE AGREEMENT.—
The Reclaimed Water Exchange Agreement among Chan-
dler Arizona, Mesa Arizona, the Community, RWCD and
the United States, attached as Exhibit 19.1 to the Agree-
ment, is hereby approved, ratified and confirmed.
(e) PROHIBITIONS.—
(1) USE OUTSIDE OF ARIZONA.—None of the
Community’s CAP water shall be leased, exchanged,
forborne or otherwise transferred in any way by the
Community for use directly or indirectly outside of
the State of Arizona.
(2) USE OFF OF RESERVATION.—Except as au-
thorized by this section, no water made available to
the Community pursuant to the Agreement, the
Globe Equity Decree, or this title, may be sold,
leased, transferred or in any way used off the res-
ervation other than by exchange. Nothing in this Act
or in the Agreement shall be construed as a limita-
tion on the Community’s ability to enter into any
agreement with the Arizona Water Banking Author-
ity, or its successor agency or entity, in accordance
with State law.
SEC. 207. CLAIMS EXTINGUISHMENT: WAIVERS AND RE-
LEASES.
(a) SATISFACTION OF CLAIMS.—The benefits realized
by the Community, its members and allottees under this
title shall constitute full and complete satisfaction of all
members’ and allottees’ claims for water rights or injuries
to water rights under Federal, State, and other laws for
the Reservation and Trust Lands whether such claims
arise prior to or after the date of enactment of this Act.
Notwithstanding the preceding sentence, nothing in this
title shall be deemed to recognize or establish any right
of a member of the Community to water on the Reserva-
tion.
(b) WAIVER OR RELEASE.—The community, on be-
half of itself and its members, and the Secretary, on behalf
of the United States and the allottees, are authorized, as
part of the performance of the obligations under the
Agreement, to execute a waiver and release, except as pro-
vided for in the Agreement, of any and all claims against
the State of Arizona, or any agency or political subdivision
thereof, or any other person, entity, corporation or munic-
ipal corporation under Federal, State or other law for any
and all—
(1) water rights or injuries to water rights,
whether such claims arise prior to or after the date
of enactment of this Act;
(2) claims for water rights with respect to Res-
ervation and Trust Lands that arise after the date
of enactment of this Act;
(3) claims for injuries to water rights resulting
from the diversion or use of ground water, surface
water, CAP water or effluent, whether such claims
arise prior to or after the date of enactment of this
Act, in a manner both consistent with the Agree-
ment and not in violation of applicable State law;
(4) water rights and injuries to water rights
based upon aboriginal occupancy of lands by the
Community, its members, allottees, or their prede-
cessors, whether such claims arise prior to or after
the date of enactment of this Act;
(5) claims (including claims for damages or in-
junction resulting from injuries to land, water rights
or property) against the Salt River Project or its of-
ficers, directors, employees, agents or shareholders
arising from the discharge, transportation, seepage
or other movement of water, whether such claims
arise prior to or after the date of enactment of this
Act, in or through drains, canals or other structures
within the Salt River Reservoir District to lands
within the reservation;
(6) subsidence damages, whether such claims
arise prior to or after the date of enactment of this
Act;
(7) claims for subsidence damages resulting
from the diversion or use of underground water after
the effective date of this title, in a manner both con-
sistent with the Agreement and not in violation of
applicable State law; and
(8) claims arising out of or related in any man-
ner to the negotiations or execution of the Agree-
ment, or for the negotiation or enactment of this
Act, or any specific terms or provisions thereof.
(c) PROHIBITION.—No allottee may assert any past,
present or future claims for water rights or claims for in-
juries to water rights against the United States, the State
of Arizona or any political subdivision thereof, or any
other person, entity, corporation or municipal corporation.
(d) LIMITATION
ON
CLAIMS
BY
THE
UNITED
STATES.—Except as provided in the Agreement, the
United States shall not assert any claim against the State
of Arizona or any political subdivision thereof, or any
other person, entity, corporation or municipal corporation,
under Federal, State or other laws in its own right or on
behalf of the Community, its members or allottees based
upon any of the claims described in paragraphs (1)
through (8) of subsection (b).
(e) FUNDING.—If, because of the operation of sec-
tions 501 and 502, the authority provided for in sub-
section (b) does not become effective, the Community and
the United States shall retain the right to assert past,
present and future water rights claims and claims for inju-
ries to water rights as to all reservation lands.
SEC. 208. COMMUNITY TRUST FUNDS.
(a) ESTABLISHMENT.—The Secretary shall establish
in the Treasury of the United States a trust fund to be
known as the ‘‘Gila River Indian Community Settlement
Development Trust Fund’’ (referred to in this section as
the ‘‘Fund’’).
(b) DEPOSITS.—The Secretary shall deposit into the
Fund, $200,000,000 of the amounts made available pur-
suant to section 403(f)(2)(B) of the Colorado River Basin
Project Act (as amended under section 108). Except as
otherwise provided for in this title, the principal of the
Fund, and any interest or income accruing thereon, shall
be managed in accordance with the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(c) USE OF FUND.—The principal of the Fund, and
any interest or income accruing thereon, shall be used by
the Community for the development of irrigation works
above the 40 acre distribution or as otherwise provided
for in the Agreement.
(d) WITHDRAWAL.—The Community may withdraw
amounts from the fund and deposit such amounts in a
private financial institution selected by mutual agreement
of the Community and the Secretary. Such a withdrawal
shall be made pursuant to the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001
et seq.). If the Community exercises its rights pursuant
to this subsection to withdraw funds and make deposits
in a private financial institution, neither the Secretary nor
the Secretary of the Treasury, except as provided in the
withdrawal plan, shall retain any oversight over or liability
for the accounting, disbursement, or investment of such
funds.
(e) LIMITATIONS.—
(1) NO DISTRIBUTION TO MEMBERS.—No part
of the principal of the Fund, or the interest or in-
come accruing thereon, shall be distributed to any
member of the Community on a per capita basis.
(2) FUNDS NOT AVAILABLE UNTIL ENFORCE-
ABILITY DATE.—Amounts deposited into the Fund
pursuant to subsection (b) shall not be available for
expenditure or withdrawal by the Community until
the enforceability date of the Agreement.
SEC. 209. COMMUNITY SUBSIDENCE RECOVERY TRUST AC-
COUNT.
(a) ESTABLISHMENT OF ACCOUNT.—
(1) IN GENERAL.—The Secretary shall establish
in the Treasury of the United States an account to
be known as the ‘‘Community Subsidence Recovery
Trust Account’’ (referred to in this section as the
‘‘Account’’).
(2) DEPOSITS.—The Account shall consist of
amounts deposited into the Account pursuant to an
appropriation under section 210(c)(1) for claims as
of June 30, 2003, and any amounts appropriated
pursuant to section 210(c)(2) from time to time to
satisfy claims after June 30, 2003.
(b) INVESTMENTS.—The Secretary of the Treasury
shall invest all amounts deposited into, accruing to, and
remaining in, the Account in accordance with the Act of
November 4, 1983 (25 U.S.C. 162a).
(c) DISTRIBUTION.—Amounts in the Account shall be
available for distribution to the Community subject to the
following terms and conditions:
(1) Funds may only be used by the Community
for the repair and remediation of subsidence damage
on the Reservation or trust lands.
(2) Funds shall be distributed by the Secretary
only after—
(A) a claim for subsidence damage is sub-
mitted by the Community to the Secretary de-
tailing the subsidence damage on the Reserva-
tion or trust lands and containing a profes-
sional estimate of the costs of the repair or re-
mediation;
(B) the Secretary has determined and vali-
dated through an independent survey or review
by a private sector engineering firm that the
subsidence damage described in the claim has
occurred and that the cost estimate is reason-
able and the community has been in compliance
with the water code described in section 205(e);
and
(C) the Community has agreed—
(i) that upon completion of each re-
pair or remediation for which it receives a
distribution of funds, the Community will
file with the Secretary a report detailing
the expenditures of the funds for such re-
pair or remediation; and
(ii) in the event that any portion of
the funds distributed are not expended by
the Community on the repair or remedi-
ation, the unexpended portion will be re-
turned to the Account.
(d) LIMITATION ON LIABILITY.—The United States
shall not be liable for any claim or cause of action arising
from the Community’s use or expenditure of moneys dis-
tributed from the Account.
(e) SATISFACTION OF CLAIMS.—Except as provided
in this subsection and in the Agreement, the Account shall
be in full satisfaction of all claims of the Community, its
members, and allottees of reservation land for subsidence
damage on the Reservation and trust lands. Any claim of
the Community, its members, and allottees, or of the
United States on behalf of the Community, its members,
and allottees, for subsidence damage on the Reservation
or trust lands shall be satisfied out of the monies deposited
into the Account and any increase thereof, as provided for
in section llof the Agreement. No allottee of land with-
in the Reservation may assert any claims for subsidence
damage on the Reservation except as provided for in the
Agreement.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNTS FOR REHABILITATION OF IRRIGATION
WORKS.—There is authorized to be appropriated for the
rehabilitation of the SCIDD irrigation works authorized
in section 204(d)(2), $40,000,000 for fiscal year 2001,
and such sums as may be necessary for each subsequent
fiscal year taking into account ordinary fluctuations in
construction costs as indicated by engineering cost indices
applicable to the types of construction involved under such
section.
(b) REDUCTION OF IRRIGATABLE ACREAGE.—There
is authorized to be appropriated, not to exceed $7,000,000
for fiscal year 2001, and such sums as may be necessary
for each fiscal year thereafter, to carry out section 212(b).
(c) COMMUNITY SUBSISTENCE RECOVERY TRUST
ACCOUNT.—There is authorized to be appropriated to the
Community Subsidence Recovery Trust Account under
section 209—
(1) $4,000,000, and until such time as the en-
tire amount is appropriated and deposited into the
account, such amount shall include an adjustment
representing the interest that would have been
earned on such amount if such amount had been ap-
propriated and deposited into the Account by of
June 30, 2003, at rates determined by the Secretary
of the Treasury, taking into consideration the aver-
age market yield on outstanding Federal obligations
of comparable maturity; and
(2) such sums as may be necessary to pay
claims made on the Account after June 30, 2003.
(d) ENVIRONMENTAL COMPLIANCE.—There is au-
thorized to be appropriated such sums as may be nec-
essary to carry out all necessary environmental compliance
activities associated with the Agreement and this title, in-
cluding any mitigation measures adopted by the Secretary.
SEC. 211. AFTER ACQUIRED TRUST LANDS.
(a) LIMITATION.—The United States shall not take
legal title to any lands within the State of Arizona that
is outside the exterior boundaries of the Reservation in
trust for the benefit of the Community until all of the fol-
lowing conditions have been satisfied:
(1) The Community and the State of Arizona
have executed the Intergovernmental Trust Con-
sultation Agreement and such agreement has become
enforceable according to its terms.
(2) The Community has satisfied all of the re-
quirements of the Intergovernmental Trust Con-
sultation Agreement for each parcel of land to be
taken into trust by the United States for the benefit
of the Community.
(3) The Community and the State of Arizona
have executed the Intergovernmental Agreement
with Respect to Water Rights, and it has become en-
forceable according to its terms.
(4) The Community has adopted the Water
Program required by the Intergovernmental Agree-
ment with Respect to Water Rights.
(b) CERTIFICATION.—After publication in the Fed-
eral Register of a written certification by the Secretary
to the Governor of the State of Arizona that all of the
conditions in subsection (a) have been fully satisfied for
each parcel of land to be taken into trust by the United
States for the benefit of the Community, the United
States may consider whether to take such parcels into
trust in accordance with Federal law.
(c) FINAL AGENCY ACTION.—Any written certifi-
cation by the Secretary under subsection (b) shall con-
stitute final agency action under the Administrative Proce-
dure Act and shall be reviewable as provided for in section
702 of title 5, United States Code.
(d) PAYMENT IN LIEU OF TAXES.—For each parcel
of land taken into trust by the United States for the ben-
efit of the Community under this section, the Community
shall make payments in lieu of all current and future
State, county, and local ad valorem property taxes for
after acquired trust lands as provided for in the Intergov-
ernmental Trust Consultation Agreement.
(e) RIGHT TO SURFACE AND GROUND WATER.—
After acquired trust lands shall only have the rights to
surface water and ground water authorized in the IGA
with respect to water rights.
(f) TRIBAL RESOURCE ATTRIBUTES.—Upon acquisi-
tion of a parcel of land in trust by the United States for
the benefit of the Community under this section, the rights
to surface water and ground water authorized in the IGA
with respect to water rights shall become tribal resources
held in trust status by the United States for the benefit
of the Community and shall have the following attributes:
(1) The Community’s rights to water for after
acquired trust lands shall not be subject to for-
feiture, relinquishment, or abandonment arising
from events occurring after the date the lands are
taken into trust.
(2) The Community’s rights to water for after
acquired trust lands shall not be subject to con-
demnation by any State authority.
(3) The Community’s rights to water for after
acquired trust lands shall not be subject to the regu-
latory jurisdiction of the State of Arizona, except
that if the water rights associated with after ac-
quired trust lands were—
(A) on the date on which the after ac-
quired trust lands were taken into trust status,
subject to adjudication and administration in
the court presiding over the Arizona general
stream adjudication; or
(B) subsequent to the date on which the
after acquired trust lands were taken into trust
status, determined by a court of competent ju-
risdiction to be subject to the Arizona general
stream adjudication;
then the water rights associated with the after ac-
quired trust lands shall continue to be subject to the
Arizona general stream adjudication to the extent
that such rights were or subsequently are deter-
mined to be subject to such adjudication.
(4) Subject to paragraph (3) and the intergov-
ernmental agreements, the Community may divert or
use the surface water and ground water rights asso-
ciated with after acquired trust lands for community
purposes at the discretion of the Community on such
after acquired trust lands.
(g) NO RESERVED RIGHTS.—After acquired trust
lands shall not have Federal reserved rights to surface
water or ground water.
(h) NOT SUBJECT TO STATE JURISDICTION.—Ex-
cept as provided in subsection (f)(2), rights to ground
water for after acquired trust lands shall not be subject
to the State’s regulatory jurisdiction, except that any
claim by the Community, the United States on behalf of
the Community, or any other person with respect to such
rights to ground water shall be brought in the Superior
Court of the State of Arizona.
(i) AUTHORITY OF COMMUNITY.—For purposes of
complying with the provisions of this section, the Commu-
nity is authorized to enter into the Intergovernmental
Agreement between the Gila River Indian Community and
the State of Arizona, Water Management on After Ac-
quired Trust Lands, and the Intergovernmental Agree-
ment between the Gila River Indian Community and the
State of Arizona, Intergovernmental Trust Consultation.
The Community is authorized to waive its sovereign immu-
nity and consent to suit in the Superior Court of the State
of Arizona for the limited purposes required by those
agreements, and for any intergovernmental agreement re-
quired to be entered into by the Community under the
terms of those agreements.
(j) TERMS OF AGREEMENT.—The Secretary shall ac-
knowledge the terms of any intergovernmental agreement
entered into by the Community under this section and
shall not seek to abrogate those terms in any administra-
tive or judicial action. If a judicial action is commenced
during a dispute over any intergovernmental agreement
entered into under this section, and the United States is
allowed to intervene in such action, the United States shall
not remove such action to the Federal courts.
(k) RULE OF CONSTRUCTION.—Notwithstanding any
other provision of this Act, nothing in this Act shall be
construed to alter the continued application of the Act of
May 25, 1918 (25 U.S.C. 211) within Arizona.
SEC. 212. MISCELLANEOUS PROVISIONS.
(a) AUTHORITY OF JOINDER OF UNITED STATES.—
If any party to the Agreement commences an action in
any Federal Court relating only and directly to the inter-
pretation or enforcement of this Act or the Agreement and
names the United States or the Community as a party,
the United States or the Community, or both, may be
joined in any such action, and any claim by the United
States or the Community to sovereign immunity from such
action is hereby waived.
(b) REDUCTION IN IRRIGABLE ACREAGE.—As pro-
vided for in paragraph ll of the Agreement, the Sec-
retary is authorized to expend amounts appropriated
under this Act for the purpose of reducing by 2,000 acres
the maximum number of acres that may be irrigated under
the Globe Equity Decree upstream from the San Carlos
Apache Indian Reservation.
(c) RULE OF CONSTRUCTION.—Nothing in this Act
shall be construed to quantify or otherwise affect the
water rights, claims or entitlements to water of any Indian
tribe, band or community, other than the Gila River In-
dian Community.
(d) LIMITATION
ON
CLAIMS
FOR
REIMBURSE-
MENT.—The United States shall not make a claim for re-
imbursement of costs arising out of the implementation
of this title or the Agreement against any Indian-owned
land within the Reservation, and no assessment shall be
made in regard to such costs against such lands.
(e) NO AFFECT ON FUTURE ALLOCATIONS.—Water
received pursuant to a lease or exchange of community
CAP water under this Act shall not affect any future allo-
cation or reallocation of CAP water by the Secretary.
(f) MASTER REPAYMENT CONTRACT
OF COMMU-
NITY.—The Secretary shall amend the Community’s Mas-
ter Repayment Contract to provide that the costs under
such contract to the community shall be non-reimbursable.
Nothing in this Act or the Agreement shall expand the
Secretary’s obligations under the Community’s Master Re-
payment Contract.
SEC. 213. ADDITIONAL UPPER GILA VALLEY ISSUES.
TITLE III—SOUTHERN ARIZONA
WATER RIGHTS SETTLEMENT
AMENDMENTS ACT OF 2000.
SEC. 301. AMENDMENT TO SOUTHERN ARIZONA WATER
RIGHTS SETTLEMENT ACT OF 1982.
Title III of Public Law 97–293 (the Southern Ari-
zona Water Rights Settlement Act of 1982 (96 Stat.
1261)) is amended to read as follows:
‘‘TITLE III—SOUTHERN ARIZONA
WATER RIGHTS SETTLEMENT
AMENDMENTS ACT OF 2000
‘‘SEC. 301. SHORT TITLE.
‘‘This title may be cited as the ‘Southern Arizona
Water Rights Settlement Amendments Act of 2000’.
‘‘SEC. 302. CONGRESSIONAL FINDINGS.
‘‘Congress finds that—
‘‘(1) water rights claims within the San Xavier
Indian Reservation and the eastern Schuk Toak Dis-
trict of the Tohono O’odham Nation, the members
of the Nation and allottees are the subject of law-
suits pending against the United States, and numer-
ous parties in southern Arizona, including major
mining companies, agricultural interests, and the
city of Tucson, on the date of enactment of the Ari-
zona Water Settlement Act of 2000;
‘‘(2) the lawsuits referred to in paragraph (1)
are not only expensive and time consuming for all
participants but also threaten to cause profound ad-
verse impacts on the health and development of the
Indian and non-Indian economies of southern Ari-
zona;
‘‘(3) the parties to the lawsuits referred to in
paragraph (1) and other persons interested in the
settlement of the water rights claims of the Nation
and its members and allottees within the Tucson
management area have diligently attempted to settle
those lawsuits;
‘‘(4) the requirements of paragraph (1) of sec-
tion 307(a) (as in effect on the day before the date
of enactment of the Arizona Water Settlement Act
of 2000) were met within 1 year of the date of en-
actment of such paragraph in the following
manner—
‘‘(A) the city of Tucson, Arizona entered
into an agreement dated October 11, 1983 with
the United States to make available 28,200
acre-feet of reclaimed water to the Secretary to
be disposed of as the Secretary sees fit and in-
cluding a provision that permits the Secretary
to provide terms and conditions under which
the Secretary may relinquish to the city of Tuc-
son such quantities of water as are not needed
to satisfy the Secretary’s obligations under this
title;
‘‘(B) the city of Tucson, the State of Ari-
zona, and others entered into an agreement
dated October 11, 1983 with the United States
to establish the Cooperative Fund, and con-
tributions that were required to be made pursu-
ant to section 313 (as in effect on the day be-
fore the date of enactment of the Arizona
Water Settlement Act of 2000) were subse-
quently made;
‘‘(C) the Nation entered into an agreement
dated October 11, 1983 with the United States
in compliance with subparagraph (C) of section
307(a)(1) (as in effect on the day before the
date of enactment of the Arizona Water Settle-
ment Act of 2000); and
‘‘(D) in the agreement dated October 11,
1983 with the United States, the Nation exe-
cuted a waiver and release in compliance with
subparagraph (D) of section 307(a)(1) (as in
effect on the day before the date of enactment
of the Arizona Water Settlement Act of 2000);
‘‘(5) by providing the assistance specified in
this title, the Federal Government will make possible
the implementation of a settlement of the lawsuits
referred to in paragraph (1);
‘‘(6) it is in the long-term interest of the United
States, the State of Arizona and political subdivi-
sions of the State, the Tohono O’odham Nation, the
San Xavier and Schuk Toak Districts of the Tohono
O’odham Nation, and the non-Indian community of
southern Arizona, that the Federal Government as-
sist in the implementation of a fair and equitable
settlement of the water rights claims of the Tohono
O’odham Nation, and the members of the Nation
and allottees within the San Xavier Indian Reserva-
tion and the eastern Schuk Toak District of the
Tohono O’odham Nation; and
‘‘(7) the settlement provided for by this title
will—
‘‘(A)(i) provide flexibility in the manage-
ment of water resources; and
‘‘(ii) encourage the allocation of such re-
sources in accordance with the highest and best
uses of the resources;
‘‘(B) promote the conservation and man-
agement of water resources; and
‘‘(C) carry out the trust responsibility of
the United States to the Nation and the owners
of individual beneficial interests in allotted trust
lands within the San Xavier Indian Reserva-
tion.
‘‘SEC. 303. DEFINITIONS.
‘‘In this title:
‘‘(1) ADAMS
V. UNITED
STATES.—The term
‘Adams v. United States’ means Adams et al. v.
United States et al. (Civ. No. 93–240 TUC–FRZ
(D. Ariz.)).
‘‘(2) AGREEMENT OF DECEMBER 11, 1980.—The
term ‘Agreement of December 11, 1980’ means the
contract for the delivery of Central Arizona Project
water that the United States and the Nation entered
into on December 11, 1980.
‘‘(3) AGREEMENT OF OCTOBER 11, 1983.—The
term ‘Agreement of October 11, 1983’ means the
contract to provide water and to settle claims to
water under this title (as in effect on the day before
the date of enactment of the Arizona Water Settle-
ment Act of 2000) that the United States and the
Nation entered into on October 11, 1983.
‘‘(4) ALLOTTEES.—The term ‘allottees’ means
individuals who hold a beneficial real property inter-
est in an Indian allotment within the San Xavier In-
dian Reservation that is held in trust by the United
States or is subject to a restriction against alien-
ation, pursuant to section 7 of the Act of February
8, 1887 (24 Stat. 390).
‘‘(5) ALVAREZ V. TUCSON.—The term ‘Alvarez
v. Tucson’ means Alvarez et al. v. City of Tucson et
al. (Civ. No. 93–039 TUC–FRZ (D. Ariz.)).
‘‘(6) CENTRAL ARIZONA PROJECT.—The term
‘Central Arizona Project’ means the Federal rec-
lamation project authorized under title III of the
Colorado River Basin Project Act (43 U.S.C. 1521
et seq.).
‘‘(7) CENTRAL ARIZONA PROJECT LINK PIPE-
LINE.—The term ‘Central Arizona Project Link
Pipeline’ means the pipeline from the San Xavier
Turnout No. 2 of the Tucson Aqueduct of the Cen-
tral Arizona Project to, and including, the flow con-
trol structure at the southwest corner of field 155,
or from such other turnout of the Tucson Aqueduct
of the Central Arizona Project to such other point
as provided for in the contract authorized in section
313 or, in the event that such contract is not exe-
cuted, as determined by the Secretary.
‘‘(8) CENTRAL ARIZONA PROJECT MASTER RE-
PAYMENT
CONTRACT.—The term ‘Central Arizona
Project Master Repayment Contract’ means contract
No. 14–06–W–245 entitled ‘contract between the
United States and the Central Arizona Water Con-
servation District for the delivery of water and re-
payment of costs of the Central Arizona Project’
dated December 1, 1988.
‘‘(9) CENTRAL
ARIZONA
PROJECT
SERVICE
AREA.—The term ‘Central Arizona Project Service
Area’ means the geographical area in which the Cen-
tral Arizona Water Conservation District delivers
Central Arizona Project water, defined as the three-
county area of Maricopa, Pinal and Pima Counties,
as that area may be expanded.
‘‘(10) CENTRAL
ARIZONA
WATER
CONSERVA-
TION DISTRICT.—The term ‘Central Arizona Water
Conservation District’ means the Central Arizona
Water Conservation District, organized under the
laws of the State of Arizona, which is the contractor
under a contract with the United States for the de-
livery of water and repayment of costs of the Central
Arizona Project.
‘‘(11) COOPERATIVE FARM.—The term ‘Cooper-
ative Farm’ means the farm on lands in which
allottees hold an interest that is served by the exist-
ing irrigation system and the extension of the exist-
ing irrigation system provided for under paragraphs
(1) and (2) of section 304(c).
‘‘(12) COOPERATIVE FUND.—The term ‘Cooper-
ative Fund’ means the Cooperative Fund referred to
in section 311.
‘‘(13) DELIVERY AND DISTRIBUTION SYSTEM.—
The term ‘delivery and distribution system’ means
the Central Arizona Project aqueduct, the Central
Arizona Project Link Pipeline, and the pipelines, ca-
nals, aqueducts, conduits, and other necessary facili-
ties for water delivery, including pumping facilities,
powerplants, and electric power transmission facili-
ties external to the boundaries of a farm on which
the water is distributed.
‘‘(14) EASTERN SCHUK TOAK DISTRICT.—The
term ‘eastern Schuk Toak District’ means the por-
tion of the Schuk Toak District (1 of 11 political
subdivisions of the Nation established under the con-
stitution of the Nation) that lies within the Tucson
management area.
‘‘(15) EXEMPT WELL.—The term ‘exempt well’
means a water well—
‘‘(A) with a maximum pumping capacity of
not more than 35 gallons per minute; and
‘‘(B) the water from which is used for the
supply, service, and activities of households and
private residences, landscaping, livestock water-
ing, and irrigation of not more than 2 acres of
land for the production of plants and crops for
sale or human consumption, or for feed for live-
stock or poultry.
‘‘(16) FARM.—The term ‘farm’ means a unit of
lands designated to be served by an irrigation sys-
tem.
‘‘(17) FEE OWNERS OF ALLOTTED LAND.—The
term ‘fee owners of allotted land’ means persons who
hold fee simple title in real property that was for-
merly held in trust as an Indian allotment within the
San Xavier Indian Reservation.
‘‘(18) IRRIGATION SYSTEM.—The term ‘irriga-
tion system’ means canals, laterals, ditches, sprin-
klers, bubblers and other irrigation works to dis-
tribute water within the boundaries of a farm, and,
with respect to the cooperative farm only, includes
the rehabilitation of fields, the remediation of sink
holes and stabilization of the banks of the Santa
Cruz River.
‘‘(19) NATION.—The term ‘Nation’ means the
Tohono O’odham Nation (formerly known as the
Papago Tribe) organized under a constitution ap-
proved pursuant to section 16 of the Act of June 18,
1934 (25 U.S.C. 476).
‘‘(20) NATION’S TERRITORIAL JURISDICTION.—
The term ‘Nation’s territorial jurisdiction’ means all
lands within the geographical boundaries over which
the sovereign powers, authority, and jurisdiction of
the Nation extend.
‘‘(21) NET IRRIGABLE ACRES.—The term ‘net
irrigable acres’ means only those acres of land with-
in a farm that are suitable for growing crops.
‘‘(22) SAN XAVIER ALLOTTEES ASSOCIATION.—
The term ‘San Xavier Allottees Association’ means
the organization incorporated as a nonprofit cor-
poration under Arizona law for the purpose of rep-
resenting and advocating the interests of individual
Indian owners of beneficial interests in trust allot-
ments on the San Xavier Indian Reservation.
‘‘(23) SAN
XAVIER
COOPERATIVE
ASSOCIA-
TION.—The term ‘San Xavier Cooperative Associa-
tion’ means the entity chartered under the laws of
the Nation that is the lessee of lands within the co-
operative farm and the authorized operator of the
cooperative farm under leases entered into with
allottees whose lands are within the cooperative
farm, and the operator’s successors in interest.
‘‘(24) SAN XAVIER DISTRICT.—The term ‘San
Xavier District’ means 1 of 11 political subdivisions
of the Nation established under the constitution of
the Nation.
‘‘(25) SAN
XAVIER
DISTRICT
COUNCIL.—The
term ‘San Xavier District Council’ means the gov-
erning body of the San Xavier District established
pursuant to Article IX of the Constitution of the
Nation.
‘‘(26) SAN XAVIER INDIAN RESERVATION.—The
term ‘San Xavier Indian Reservation’ means the
Reservation established by the Executive Order of
July 1, 1874, which is a part of the Tohono
O’odham Nation and has boundaries coterminous
with those of the San Xavier District.
‘‘(27) SCHUK TOAK FARM.—The term ‘Schuk
Toak Farm’ means a farm constructed in the east-
ern Schuk Toak District served by the irrigation sys-
tem provided for under section 304(c)(3).
‘‘(28) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of the Interior.
‘‘(29) SETTLEMENT
AGREEMENT.—The term
‘Settlement Agreement’ means the agreement and all
exhibits and attachments thereto settling and dis-
missing with prejudice the claims of United States
v. Tucson, Adams v. United States and Counts 1
through 4 of the consolidated claims of Alvarez v.
Tucson as executed by the parties and filed with the
court.
‘‘(30) SHORTAGE
YEAR.—The term ‘shortage
year’ means any calendar year for which the Sec-
retary has declared a water shortage on the Colo-
rado River pursuant to the agreement of December
11, 1980, and applicable Federal law.
‘‘(31) 
SUBJUGATE.—The 
term 
‘subjugate’
means to prepare land for the growing of crops
through irrigation.
‘‘(32) TRANSACTION DATE.—The term ‘trans-
action date’ means the date designated by the Na-
tion on which the Nation intends to enter into a
sale, assignment, exchange, lease, option to lease or
other disposal of water pursuant to section 310(c).–
‘‘(33) TUCSON MANAGEMENT AREA.—The term
‘Tucson Management Area’ means the area of land
corresponding to the area initially designated as the
Tucson Active Management Area pursuant to the
Arizona Groundwater Management Act of 1980 (ses-
sion laws of the State of Arizona, 1980, 34th legisla-
ture, fourth special session, chapter 1) (subsequently
divided into the Tucson Active Management Area
and the Santa Cruz Active Management Area pursu-
ant to Arizona Laws of 1994, Ch. 296) and that
part of the Upper Santa Cruz Basin not within the
area initially designated as the Tucson Active Man-
agement Area.
‘‘(34) TUCSON INTERIM WATER LEASE.—The
term ‘Tucson Interim Water Lease’ means the lease
between the city of Tucson, Arizona and the Nation,
dated October 24, 1992, as amended and extended.
‘‘(35) TUCSON WATER LEASE.—The term ‘Tuc-
son Water Lease’ means the lease between the city
of Tucson, Arizona and the Nation referred to in
section 310(j).
‘‘(36) TURNOUT.—The term ‘turnout’ means,
with respect to the Central Arizona Project, a point
of water delivery on the Central Arizona Project aq-
ueduct.
‘‘(37) UNDERGROUND
STORAGE.—The term
‘underground storage’ means direct storage, indirect
storage and deferred storage as described in section
308.
‘‘(38) UNITED STATES V. TUCSON.—The term
‘United States v. Tucson’ means United States et al.
v. the City of Tucson, et al. (Civ. No. 75–39 TUC
consol. with Civ. No. 75–51 TUC–FRZ (D. Ariz.)).
‘‘(39) VALUE.—The term ‘value’ means the
value attributed to the water based on the antici-
pated or actual use of the water, or its fair market
value, whichever is greater.
‘‘SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGA-
TIONS.
‘‘(a) WATER DELIVERY.—With respect to the agree-
ment entered into by the Nation on October 11, 1983,
with the United States as required by section 306(a) (as
in effect on the day before the date of enactment of the
Arizona Water Settlement Act of 2000), the Secretary
shall deliver, on an annual basis, from the main project
works of the Central Arizona Project, a total of 37,800
acre-feet of water suitable for agricultural use, of which—
‘‘(1) 27,000 acre-feet shall be deliverable for
use to the San Xavier Indian Reservation or shall
otherwise be used in accordance with section 310;
and
‘‘(2) 10,800 acre-feet shall be deliverable for
use to the eastern Schuk Toak District or shall oth-
erwise be used in accordance with section 310.
‘‘(b) CONSTRUCTION.—The Secretary shall, without
cost to the Nation, allottees, the San Xavier Cooperative
Association, or the San Xavier Allottees Association, as
part of the main project works of the Central Arizona
Project, design, construct, operate, maintain, and replace
the delivery and distribution systems appropriate to
deliver—
‘‘(1) 27,000 acre-feet of water for irrigation use
to the San Xavier Indian Reservation; and
‘‘(2) 10,800 acre-feet of water for irrigation use
to the eastern Schuk Toak District.
‘‘(c) DUTIES OF THE SECRETARY.—
‘‘(1) COMPLETION
OF
DELIVERY
AND
DIS-
TRIBUTION SYSTEM AND IMPROVEMENT TO EXIST-
ING
IRRIGATION
SYSTEM.—Except as provided in
subsection (d), not later than 2 years after the effec-
tive date described in section 317, the Secretary
shall complete the design and construction of the de-
livery and distribution system and, not later than 8
years after such effective date, the Secretary shall
complete improvements to the irrigation system that
serves the Cooperative Farm on such effective date.
Upon completion of such improvements, the irriga-
tion system shall serve not less than 900 and not
more than 1,000 net irrigable acres.
‘‘(2) EXTENSION OF EXISTING IRRIGATION SYS-
TEM
WITHIN
THE
SAN
XAVIER
INDIAN
RESERVA-
TION.—Except as provided in subsection (d), not
later than 8 years after the effective date described
in section 317, the Secretary shall complete the de-
sign and construction of the extension of the irriga-
tion system that serves the Cooperative Farm on
such effective date. Upon completion of the exten-
sion, the irrigation system shall serve 2,289 net irri-
gable acres.
‘‘(3) IRRIGATION
AND
DELIVERY
AND
DIS-
TRIBUTION SYSTEMS IN THE EASTERN SCHUK TOAK
DISTRICT.—Except as provided in subsection (d),
not later than 1 year after the effective date de-
scribed in section 317, the Secretary shall complete
the design and construction of an irrigation system
and delivery and distribution system to serve a farm
of not less than 2,200 and not more than 2,400 net
irrigable acres in the eastern Schuk Toak District.
‘‘(d) EXTENSION OF DEADLINES.—
‘‘(1) IN GENERAL.—The Secretary may extend
a deadline under subsection (c) if the Secretary
makes a finding that the deadline cannot be met by
reason of—
‘‘(A) a material breach by the contractor of
a contract that is relevant to carrying out a
project described in subsection (c) (referred to
in this subsection as a ‘relevant contract’);
‘‘(B) the inability of a contractor, under a
relevant contract, to carry out the contract by
reason of force majeure, as defined by the Sec-
retary in the contract;
‘‘(C) unavoidable delays in compliance with
applicable Federal and tribal laws (as deter-
mined by the Secretary), including the National
Environmental Policy Act and the Endangered
Species Act; or
‘‘(D) stoppages in work resulting from the
imposition of confiscatory or discriminatory
taxes or fees.
‘‘(2) NOTICE OF FINDING.—If the Secretary ex-
tends a deadline under paragraph (1), the Secretary
shall issue a notice and shall—
‘‘(A) include an estimate of the additional
period of time needed to complete the project
that is the subject of the extension; and
‘‘(B) specify a deadline that provides for a
period not longer than the period described in
subparagraph (A).
‘‘(e) AUTHORITY OF THE SECRETARY.—To carry out
this title, after giving reasonable notice, the Secretary is
authorized to enter upon, construct works on, and take
such other actions as are related to the entry or construc-
tion on lands within the San Xavier District and the
Schuk Toak District of the Nation, except that the Sec-
retary shall comply with all otherwise applicable laws of
the Nation (including local laws of the San Xavier District
and the Schuk Toak District) and the United States.
Nothing in this subsection shall be construed to prevent
the United States or any Federal official, agent, employee
or contractor from conducting official Federal business or
duties, including obligations under this title within the
eastern Schuk Toak District and the San Xavier District.
‘‘(f) PAYMENTS TO THE SAN XAVIER DISTRICT.—
‘‘(1) CONSTRUCTION
OF
IRRIGATION
SYS-
TEM.—Pursuant to section 303(a)(1)(B) (as in ef-
fect on the day before the date of enactment of the
Arizona Water Settlement Act of 2000), the Sec-
retary shall provide for the design and construction,
within the San Xavier Indian Reservation, of an irri-
gation system which includes additional canals,
laterals, farm ditches, and irrigation works as are
necessary for the efficient distribution for agricul-
tural purposes of that portion of the 27,000 acre-
feet of water not required for the irrigation system
described in paragraphs (1)(A) and (2)(A) of section
303(c) (as in effect on the day before the date of en-
actment of the Arizona Water Settlement Act of
2000).
‘‘(2) PAYMENT IN LIEU OF OBLIGATION.—The
Secretary of the Treasury shall, not later than 1
year after the end of the fiscal year that includes the
effective date described in section 317, pay to the
San Xavier District $18,300,000 in lieu of the
United States fulfilling its obligations to construct
‘such additional canals, laterals, farm ditches and ir-
rigation works as are necessary for the efficient dis-
tribution for agricultural purposes of the water re-
ferred to in subparagraph (A)’ as required by sec-
tion 303(a)(1)(B) (as in effect on the day before the
date of enactment of the Arizona Water Settlement
Act of 2000).
‘‘(g) USE OF FUNDS.—
‘‘(1) IN GENERAL.—With respect to funds re-
ceived under subsection (f), the San Xavier
District—
‘‘(A) shall hold such funds in trust and in-
vest such funds in interest-bearing deposits and
securities until expended;
‘‘(B) may expend the principal of such
funds, and the interest and dividends accruing
thereon, only pursuant to a budget authorized
by the San Xavier District Council and ap-
proved by resolution of the Nation’s Legislative
Council; and
‘‘(C) expend such funds—
‘‘(i) for the subjugation of land, devel-
opment of water resources, and the con-
struction, operation, maintenance, and re-
placement of the facilities within the San
Xavier Indian Reservation that are not the
obligation of the United States under this
title or under any other provision of law;
‘‘(ii) to provide governmental services,
including senior citizen programs, health
care, education, economic development
loans and assistance, and legal assistance
programs;
‘‘(iii) to provide benefits to the
allottees;
‘‘(iv) to fund activities of the San Xa-
vier Allottees Association; and
‘‘(v) to pay any administrative costs
incurred by the Nation or the San Xavier
District in conjunction with any of the ac-
tivities described in clauses (i) through
(iv).
‘‘(2) NO
LIABILITY
OF
SECRETARY; LIMITA-
TION.—The Secretary shall not be responsible for
the review, approval or audit of the use and expendi-
ture of the funds referred to this subsection and
subsection (f), nor shall the Secretary be subject to
liability for any claim or cause of action arising from
the Nation’s or the San Xavier District’s use and ex-
penditure of such funds. No portion of such funds
shall be used for per capita payments to any mem-
bers of the Nation or allottees.
‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; AL-
TERNATIVE WATER SUPPLIES.
‘‘(a) AMENDMENT OF AGREEMENTS.—The Secretary
and the Nation shall make such amendments to the agree-
ment of December 11, 1980, and the agreement of Octo-
ber 11, 1983, as are necessary to carry out this title.
‘‘(b) DELIVERY OF WATER.—
‘‘(1) IN GENERAL.—The Secretary shall deliver
water from the main project works of the Central
Arizona Project, in such amounts, and according to
such terms and conditions, as are set forth in the
Agreement of December 11, 1980, and the Agree-
ment of October 11, 1983 (including any amend-
ments made to the agreements pursuant to sub-
section (a)), to any or all of the following:
‘‘(A) The San Xavier Cooperative Farm.
‘‘(B) The eastern Schuk Toak District.
‘‘(C) Turnouts existing on the date of en-
actment of the Arizona Water Settlement Act of
2000, as specified in writing by the Nation.
‘‘(D) Any other point or points of delivery
on the Central Arizona Project main aqueduct
agreed to by the Secretary and the Nation.
‘‘(2) DELIVERY.—The Secretary shall deliver
the water specified in section 304(a) and section
306, or an equivalent quantity from the source iden-
tified in subsection (c), notwithstanding—
‘‘(A) a declaration by the Secretary of a
water shortage on the Colorado River; or
‘‘(B) any other occurrence affecting water
delivery caused by an act or omission of the
Secretary, the United States, or any of their
employees, officials, contractors or agents.
‘‘(c) ACQUISITION OF LAND AND WATER.—
‘‘(1) IN GENERAL.—If the Secretary, pursuant
to the terms and conditions of the agreements re-
ferred to in subsection (b)(1), is unable, during any
year, to deliver from the main project works of the
Central Arizona Project any portion of the full
amount of water specified in paragraphs (1) and (2)
of section 304(a) and section 306, the Secretary
shall acquire and deliver an equivalent quantity of
water from any source, except that the Secretary
shall not acquire any water in a transaction which
would cause depletion of ground water supplies or
aquifers in the San Xavier District or the eastern
Schuk Toak District. The Secretary may acquire
private lands or interests therein having rights in
surface or ground water recognized under State law,
that are necessary for the acquisition and delivery of
water under this subsection.
‘‘(2) PROHIBITION ON TAKING.—The Secretary
may not acquire any land, water, water rights, or
contract rights under paragraph (1) without the con-
sent of the owner.
‘‘(3) PREFERENCE.—In acquiring any private
lands, the Secretary shall give preference to the ac-
quisition of lands upon which water has been put to
beneficial use during any 1-year period during the 5-
year period preceding the date of acquisition of the
water.
‘‘(4) DELIVERIES
FROM
ACQUIRED
LANDS.—
Deliveries of water from lands described in para-
graph (1) shall be made only to the extent such
water may be transported within the Tucson man-
agement area pursuant to applicable law.
‘‘(5) DELIVERY OF EFFLUENT.—Except upon
the prior written consent of the Nation, the Sec-
retary shall not directly deliver effluent to the Na-
tion under this subsection. The Secretary shall not
construct a separate delivery system to deliver efflu-
ent to the San Xavier Indian Reservation or the
eastern Schuk Toak District. Nothing in this para-
graph shall be construed as imposing an obligation
on the United States to deliver effluent to the Na-
tion.
‘‘(d) AGREEMENTS AND CONTRACTS.—To facilitate
the delivery of water to the San Xavier Indian Reservation
and the eastern Schuk Toak District under this title, the
Secretary may enter into a contract or agreement with the
State of Arizona or any political subdivision of the State,
an irrigation district or project, or an authority, corpora-
tion, partnership, individual, or other legal entity—
‘‘(1) for—
‘‘(A) the exchange of water; or
‘‘(B) the use of aqueducts, canals, con-
duits, and other facilities for water delivery, in-
cluding pumping plants; or
‘‘(2) to use facilities constructed in whole or in
part with Federal funds.
‘‘(e) DAMAGES AND DISBURSEMENTS.—
‘‘(1) DAMAGES.—If the Secretary is unable to
acquire and deliver sufficient quantities of water
that are adequate to fulfill the obligations of the
Secretary under paragraphs (1) and (2) of section
304(a), this section, or section 306, the Secretary
shall pay damages in amounts equal to—
‘‘(A)(i) the value of such quantities of
water as are not acquired and delivered where
the delivery and distribution system for, and
the improvements to, the existing irrigation sys-
tem for the cooperative farm have not been
completed by the deadline described in section
304(c)(1)(A); or
‘‘(ii) the value of such quantities of water
ordered by the Nation for use by the coopera-
tive association in the existing irrigation system
and not delivered in any calendar year;
‘‘(B)(i) the value of such quantities of
water as are not acquired and delivered where
the extension of the existing irrigation system is
not completed by the deadline described in sec-
tion 304(c)(2)(A); or
‘‘(ii) the value of such quantities of water
ordered by the Nation for use by the coopera-
tive association in the extension to the existing
irrigation system and not delivered in any cal-
endar year; and
‘‘(C)(i) the value of such quantities of
water as are not acquired and delivered where
the irrigation system is not completed by the
deadline described in section 304(c)(3); or
‘‘(ii) except as provided in clause (i), the
value of such quantities of water ordered by the
Nation for use in such irrigation system or for
use by any person or entity, other than the co-
operative association, and not delivered in any
calendar year;
‘‘(2) DISBURSEMENT.—The damages payable
pursuant to paragraph (1) shall be disbursed as fol-
lows:
‘‘(A) With respect to damages payable
under subparagraphs (A) and (B) of such para-
graph, to the cooperative association.
‘‘(B) With respect to damages payable
under subparagraph (C) of such paragraph, to
the Nation for retention by the Nation or dis-
bursement to water users, pursuant to the pro-
visions of the Nation’s water code or other ap-
plicable laws of the Nation.
‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to authorize the Secretary to
acquire or disturb the water rights of any Indian tribe,
band, group, or community.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated, in addition to any other amounts au-
thorized to be appropriated under this title, an
amount equal to the portion of the total costs of
phase B of the Tucson Aqueduct of the Central Ari-
zona Project that the Secretary determines to be
properly allocable to the construction of facilities for
the delivery of water to Indian lands under this title.
‘‘(2) AUTHORITY FOR CASH OUT PAYMENTS.—
There is authorized to be appropriated, $18,300,000
to make the payment required in section 304(f).
‘‘(3) ADDITIONAL
AUTHORIZATION.—There is
authorized to be appropriated, not to exceed
$3,500,000 to be used for those features of the irri-
gation systems described in paragraphs (1) through
(3) of section 304(c) that are not authorized to be
constructed under any other provision of law. The
amount described in the preceding sentence may be
adjusted to account for ordinary fluctuations in the
costs of construction from October 12, 1982, as indi-
cated by engineering cost indices applicable to the
type of construction involved.
‘‘SEC. 306. ADDITIONAL WATER DELIVERY.
‘‘(a) IN GENERAL.—In addition to the delivery of
water described in section 304(a), the Secretary shall de-
liver, on an annual basis, from the main project works of
the Central Arizona Project, a total of 28,200 acre feet
of water suitable for agricultural use, of which—
‘‘(1) 23,000 acre feet shall be deliverable for
use to the San Xavier Indian Reservation or shall
otherwise be used in accordance with section 310;
and
‘‘(2) 5,200 acre feet shall be deliverable for use
to the eastern Schuk Toak District or shall other-
wise be used in accordance with section 310.
‘‘(b) FIRMING OF SECTION 305 WATER.—
‘‘(1) IN
GENERAL.—The source of water to
meet the obligation described in subsection (a) shall
be Central Arizona Project Non-Indian Agricultural
(referred to in this section as ‘NIA’) priority water.
The Secretary is authorized and directed to firm
such NIA priority water against the potential of fu-
ture shortages within the Central Arizona Project
system to a priority equal to Central Arizona Project
Municipal and Industrial priority water for a 100-
year period. Reclaimed water available to the Sec-
retary from the city of Tucson agreement of October
11, 1983, may be used for such firming obligation.
‘‘(2) DEFINITIONS.—In this section:
‘‘(A) M&I PRIORITY
WATER.—The term
‘M&I priority water’ means Central Arizona
Project water having a municipal and industrial
delivery priority under the Central Arizona
Project Master Repayment Contract.
‘‘(B) NIA PRIORITY
WATER.—The term
‘NIA priority water’ means Central Arizona
Project water having a non-Indian agricultural
delivery priority under the Central Arizona
Project Master Repayment Contract.
‘‘(c) STATE CONTRIBUTION.—To assist the Secretary
in meeting the firming obligation under subsection (b), the
State of Arizona shall contribute not to exceed
$3,000,000, on a mutually acceptable schedule of funding
or services through the Arizona Water Banking Authority,
for firming the NIA priority water to a priority equal to
Central Arizona Project M&I priority water for a 100 year
period.
‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIV-
ERY, REVENUE SHARING.
‘‘(a) CONDITIONS TO SECRETARY’S ACTIONS.—The
Secretary shall carry out the obligations under paragraphs
(1), (2) and (3) of section 304(c), subsections (b), (c) and
(e) of section 305, and section 306 only if—
‘‘(1) the Nation agrees—
‘‘(A) except as provided in section 308, to
limit the quantity of ground water withdrawn
by nonexempt wells from beneath the San Xa-
vier Indian Reservation to not more than
10,000 acre-feet per year;
‘‘(B) except as provided in section 308, to
limit the quantity of ground water withdrawn
by nonexempt wells from beneath the eastern
Schuk Toak District to not more than 3,200
acre-feet per year;
‘‘(C) to comply with the Water Manage-
ment Plan established by the Secretary under
section 308;
‘‘(D) to consent to the San Xavier District
being deemed a ‘tribal organization’ as defined
in section 900.6 of title 25, Code of Federal
Regulations, (or any subsequent similar regula-
tion) pursuant to section 900.8(d) of such title,
and subject to compliance with other applicable
provisions of part 900 of title 25, Code of Fed-
eral Regulations, (or any subsequent similar
regulation) to consent to contracting by the San
Xavier District under section 313(b), on the
condition that—
‘‘(i) the plaintiffs in United States v.
Tucson, Alvarez v. Tucson and Adams v.
United States have stipulated to the dis-
missal, with prejudice, of claims in such
lawsuits (other than the claims in Alvarez
v. Tucson that are preserved under section
315(d)) and those lawsuits have been fi-
nally dismissed with prejudice;
‘‘(ii) the San Xavier Cooperative Asso-
ciation has agreed to assume responsibility,
following the completion of each of the irri-
gation systems described in paragraphs (1)
and (2) of section 303(c) and upon the de-
livery of water through such system, for
the operation, maintenance and replace-
ment of such system in accordance with
the first section of the Act of August 1,
1914 (25 U.S.C. 385); and
‘‘(iii) with respect to the consent of
the Nation to such contracting—
‘‘(I) such consent is limited solely
to contracts for—
‘‘(aa) the design and con-
struction of the delivery and dis-
tribution system and the rehabili-
tation of the existing irrigation
system for the Cooperative Farm,
the extension of the irrigation
system for the Cooperative Farm,
and the subjugation of lands to
be served by such systems;
‘‘(bb) the design and con-
struction of storage facilities sole-
ly for water deliverable for use
within the San Xavier Indian
Reservation; and
‘‘(cc) the completion of a
water resources study of the San
Xavier Indian Reservation and
the preparation of a Water Man-
agement Plan under section 308;
‘‘(II) the Nation shall reserves
the right to seek retrocession, or re-
assumption of any such contract and
recontracting with the Nation pursu-
ant to subpart P and other applicable
provisions of part 900 of title 25,
Code of Federal Regulations (or any
subsequent similar regulations);
‘‘(III) the Nation, upon giving
such consent, shall be released from
any responsibility, liability, claim, or
cost from and after the date of such
consent, with respect to past action or
inaction by the Nation, and subse-
quent action or inaction by the San
Xavier District relating to the design
and construction of irrigation systems
for the Cooperative Farm or the Cen-
tral Arizona Project Link Pipeline;
and
‘‘(IV) the Secretary shall, upon
the request of the Nation, execute a
waiver and release that conforms to
the requirements of subparagraph
(E);
‘‘(E) to subjugate, at no cost to the United
States, the lands for which the irrigation sys-
tems under paragraphs (2) and (3) of section
303(c) will be planned, designed, and con-
structed by the Secretary, on the condition
that—
‘‘(i) the obligation of the Nation to
subjugate the lands in the Cooperative
Farm that are to be served by the exten-
sion of the existing irrigation system pur-
suant to section 303(c)(2) shall be deter-
mined by the Secretary, in consultation
with the Nation and the San Xavier Coop-
erative Association; and
‘‘(ii) subject to approval by the Sec-
retary of a contract with the San Xavier
District pursuant to section 313(b) to per-
form such subjugation, a determination by
the Secretary of the subjugation costs pur-
suant to clause (i) and notice by the San
Xavier District to the Nation not less than
180 days prior to the date the District
Council certifies by resolution that the sub-
jugation is scheduled to commence, the
Nation shall pay to the San Xavier District
from the section 311 trust fund, or from
other sources of funds held by the Nation,
the amount determined by the Secretary
pursuant to clause (i), not less than 90
days prior to the date the subjugation is
scheduled to commence; and
‘‘(F) subject to pre-existing rights and sec-
tion 7 of the Act of February 8, 1887 (25
U.S.C. 381), this title, other applicable laws of
the United States, the Water Management Plan
developed under section 308, the Nation’s water
code and other applicable laws of the Nation,
that the Nation—
‘‘(i) shall—
‘‘(I) allocate as a first right of
beneficial 
consumptive 
use 
by
allottees, the San Xavier District and
other persons within the San Xavier
Indian Reservation—
‘‘(aa) 35,000 acre-feet of the
50,000 acre-feet of water deliver-
able under sections 304(a)(1)
and 306(a)(1), including the use
of such allocation to fulfill the
obligations 
prescribed 
in 
the
Asarco Agreement referred to in
section 310(l)(2) and for ground
water storage, maintenance of
instream flows and maintenance
of riparian vegetation and habi-
tat;
‘‘(bb) the 10,000 acre-feet of
ground water identified in section
307(a)(1)(A);
‘‘(cc) the ground water with-
drawn from exempt wells;
‘‘(dd) the deferred pumping
storage credits identified in sec-
tion 308(e); and
‘‘(ee) the direct and indirect
storage credits respectively iden-
tified in subsections (d) and (g)
of section 308 which cannot be
lawfully transferred or otherwise
disposed of to persons for recov-
ery outside the territorial juris-
diction of the Nation; and
‘‘(II) have the right to—
‘‘(aa) use, or authorize other
persons or entities to use, any
portion 
of 
the 
allocation 
of
35,000 acre-feet of water deliver-
able under sections 304(a)(1)
and 306(a)(1) outside the San
Xavier Indian Reservation for the
period or periods during which
there is no identified actual use
of the water within such Reserva-
tion;
‘‘(bb) as a first right of use,
use the remaining 15,000 acre-
feet of water deliverable under
section 304(a)(1) and 306(a)(1)
for any purpose and duration
within or outside the territorial
jurisdiction of the Nation author-
ized by this title; and
‘‘(cc) subject to the limita-
tions in subsections (c)(2)(F) and
(d)(4) of section 308, as an ex-
clusive right, transfer or other-
wise dispose of the direct and in-
direct storage credits which may
be lawfully transferred or other-
wise disposed of to persons for
recovery outside the territorial
jurisdiction of the Nation;
‘‘(ii) shall issue permits to persons or
entities for use of the water resources re-
ferred to in clause (i);
‘‘(iii) shall, upon timely receipt of
water orders by a permittee under a permit
for Central Arizona Project water referred
to in clause (i), transmit such orders to the
United States or operating agency for the
Central Arizona Project;
‘‘(iv) shall issue permits for water de-
liverable under sections 304(a)(2) and
306(a)(2), including quantities of water
reasonably necessary for the irrigation sys-
tem referred to in section 304(c)(3);
‘‘(v) shall issue permits for ground
water withdrawable from non-exempt wells
in the eastern Schuk Toak District; and
‘‘(vi) shall, upon timely receipt of
water orders by a permittee under a permit
for water referred to in clause (iv), trans-
mit such orders to the United States or op-
erating agency for the Central Arizona
Project; and
‘‘(2) the plaintiffs in United States v. Tucson,
Alvarez v. Tucson and Adams v. United States have
stipulated to the dismissal, with prejudice, of claims
in such lawsuits (other than the claims in Alvarez v.
Tucson preserved under section 315(d)) and those
lawsuits have been dismissed with prejudice.
‘‘(b) RESPONSIBILITIES UPON COMPLETION.—Upon
completion of an irrigation system described in paragraphs
(1) or (2) of section 303(c), the United States and the
Nation shall not be responsible for the operation, mainte-
nance, or replacement of the system.
‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN;
STORAGE PROJECTS; STORAGE ACCOUNTS;
GROUND WATER.
‘‘(a) IN GENERAL.—Certain water rights recognized
as owned by the Nation under this title shall be subject
to the provisions of section 7 of the Act of February 8,
1887 (25 U.S.C. 381) relating to allottee water rights.
Such water rights are the rights described in section
307(a)(1)(F)(i), excluding the rights of the Nation identi-
fied in section 307(a)(1)(F)(i)(II).
‘‘(b) WATER CODE.—Subject to the provisions of this
title and any other applicable law, the Nation shall—
‘‘(1) manage, regulate, and control the water
resources of the Nation including the water re-
sources granted to the Nation under this title;
‘‘(2) establish permit requirements, regulations,
conditions, and limitations on the storage, recovery,
and use of surface water and ground water; and
‘‘(3) enact and maintain—
‘‘(A) not later than 3 years after the effec-
tive date described in section 317, a comprehen-
sive water code pertaining to those water re-
sources which the Nation or the United States
owns or holds for the benefit of the lands within
the territorial jurisdiction of the Nation, the In-
dians residing thereon with respect to those
lands, the members of the Nation, or any allot-
tee; and
‘‘(B) an Interim Allottee Water Rights
Code that—
‘‘(i) designates, pursuant to sub-
section (a), those water rights recognized
as owned by the Nation under this title
and subject to section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381);
‘‘(ii) prescribes the other rights of
allottees identified in paragraph (4); and
‘‘(iii) provides that such code shall be
incorporated in the comprehensive water
code referred to in subparagraph (A) and
in a form substantially the same as that
attached to the settlement agreement;
‘‘(4) include in the water code—
‘‘(A) an acknowledgement of the rights set
forth in subsection (a);
‘‘(B) a process by which a just and equi-
table distribution of the water resources re-
ferred to in subsection (a) and damages pursu-
ant to section 305(e) shall be provided to
allottees;
‘‘(C) a process by which an allottee may
request and receive a permit for use of the
water resources referred to in subsection (a)
which are subject to a first right of beneficial
consumptive use or are otherwise available
under section 307(a)(1)(F)(i)(II)(bb), subject to
the Nation’s first right of use;
‘‘(D) due process protection of members of
the Nation and allottees, that include—
‘‘(i) a fair procedure for the consider-
ation and determination of any request
by—
100
‘‘(I) a member of the Nation for
a permit for use of available water re-
sources granted or confirmed by this
title; and
‘‘(II) an allottee for a permit for
use of the water resources identified
in section 307(a)(1)(F)(i) and subject
to a first right of beneficial consump-
tive use or for a permit for use of
available water resources identified in
section 307(a)(1)(F)(i)(II)(bb), sub-
ject to the Nation’s first right of use;
‘‘(ii) an appeal and adjudication of de-
nied or disputed permits and for resolution
of contested administrative decisions; and
‘‘(iii) a waiver by the Nation of its im-
munity only as to proceedings described in
clause (ii) for claims of declaratory and in-
junctive relief; and
‘‘(E) a process for satisfying any entitle-
ment to the water resources referred to in sub-
paragraph (C) for which a fee owner of allotted
land has received a final determination under
applicable law; and
101
‘‘(5) submit the water code to the Secretary
solely for ratification and approval of the provisions
of the water code which implement, as to the
allottees, the standards described in paragraph (4).
The Secretary shall issue a written ratification and ap-
proval of the water code or provide a written notification
to the Nation identifying each instance in which the water
code does not satisfactorily conform to the standards de-
scribed in paragraph (4) and setting forth specific correc-
tive language for each asserted deficiency. In the event
that the Secretary provides written notification of the need
to correct the water code to comply with the standards
described in paragraph (4), the Nation shall amend the
water code consistent with the Secretary’s recommenda-
tions. Until such time as the Nation amends the water
code consistent with the Secretary’s recommendations and
the Secretary, thereafter, ratifies and approves the water
code, the Secretary shall have the right to exercise any
lawful authority conferred in section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381). Except as provided in this
subsection, nothing in this title shall be construed as re-
quiring the approval by the Secretary of the Nation’s
water code or any amendment thereto.
‘‘(c) WATER MANAGEMENT PLANS.—The Secretary
shall establish water management plans for the San Xa-
102
vier Indian Reservation and the eastern Schuk Toak Dis-
trict (referred to in this section as the ‘Plans’). The Plans
shall—
‘‘(1) be developed under contracts for the San
Xavier Indian Reservation in an amount not to ex-
ceed $891,200 and the eastern Schuk Toak District
in an amount not to exceed $237,200 that the Sec-
retary shall enter into with the Nation pursuant to
subsection 313(a);
‘‘(2) at a minimum, provide in the Plans—
‘‘(A) for the measurement of all ground
water withdrawals, including withdrawals from
each well that is not an exempt well under
paragraph 303(14);
‘‘(B) for reasonable recordkeeping of water
use, including the quantities of water stored un-
derground and recovered each calendar year,
and a system for the reporting of withdrawals
from each well that is not an exempt well;
‘‘(C) for the direct storage, indirect storage
and deferred storage of water, including the im-
plementation of underground storage and recov-
ery projects, as provided for under this section;
‘‘(D) for the annual exchange of informa-
tion collected pursuant to subparagraphs (A)
103
through (C) with the Arizona Department of
Water Resources and the city of Tucson, Ari-
zona;
‘‘(E) for the efficient use of water and the
prevention of waste;
‘‘(F) except upon the approval of the Dis-
trict Council for the District in which a direct
storage project is established under subsection
(d), that no direct storage credits earned in
such project be recovered at locations where the
recovery will adversely affect surface or ground
water supplies or lower the water table any-
where within such District; and
‘‘(G) for amendments to the Plans con-
sistent with this title; and
‘‘(3) be implemented and maintained by the
Nation, and for which the Secretary shall have no
continuing obligation.
‘‘(d) UNDERGROUND
STORAGE
AND
RECOVERY
PROJECTS.—
‘‘(1) ESTABLISHMENT.—The Plans shall au-
thorize the establishment and maintenance of one or
more underground storage and recovery projects
within the San Xavier Indian Reservation and the
eastern Schuk Toak District.
104
‘‘(2) DIRECT
STORAGE
ACCOUNT.—For each
underground storage or recovery project which is es-
tablished under paragraph (1), a direct storage ac-
count shall be maintained to credit the quantities of
water stored underground and to debit the water re-
covered pursuant to the storage credits.
‘‘(3) CREDITING
AND
DEBITING
ACCOUNT.—
The Nation, at the end of each calendar year, begin-
ning with the first full calendar year after the effec-
tive date described in section 317, shall—
‘‘(A) for each storage project under para-
graph (1), credit the quantity of water stored
underground within the San Xavier Indian Res-
ervation and within the eastern Schuk Toak
District during the year; and
‘‘(B) for each recovery project under para-
graph (1), debit the quantity of water recovered
from direct storage during the year.
‘‘(4) LIMITATION.—Direct storage credits in di-
rect storage accounts established for an underground
storage and recovery project in the San Xavier In-
dian Reservation shall be recovered under this sub-
section only within the San Xavier Indian Reserva-
tion pursuant to the Water Management Plan devel-
oped for such Reservation pursuant to subsection
105
(c), except that credits which may be lawfully recov-
ered or transferred outside the San Xavier Indian
Reservation shall be held by the Nation and subject
to recovery or transfer pursuant to the Water Man-
agement Plan developed for the Reservation or any
agreement for the establishment and operation of
the underground storage and recovery project from
which the credits were earned.
‘‘(e) SAN XAVIER DEFERRED PUMPING STORAGE
ACCOUNT.—A deferred pumping storage account shall be
established to credit the quantities of water stored under-
ground in lieu of pumping within the San Xavier Indian
Reservation and debit the water recovered pursuant to the
deferred pumping storage credits. Such account shall be
maintained as follows—
‘‘(1) to initiate the account, the Nation shall
credit an initial 50,000 acre-feet of water to the ac-
count;
‘‘(2) beginning with the first full calendar year
after the effective date described in section 317, the
Nation shall—
‘‘(A) if the quantity of ground water with-
drawn from all non-exempt wells on the San
Xavier Indian Reservation is less than 10,000
acre-feet, credit to the account the difference
107
acre-feet, credit to the account the difference
between 3,200 acre-feet and the quantity of
ground water withdrawn that year by all non-
exempt wells; or
‘‘(B) if the quantity of ground water with-
drawn from all non-exempt wells within the
eastern Schuk Toak District is more than 3,200
acre-feet, debit to the account the difference be-
tween the ground water withdrawn from all
non-exempt wells and 3,200 acre-feet.
‘‘(g) SAN XAVIER INDIRECT STORAGE ACCOUNT.—
An indirect storage account shall be established to credit
the quantities of effluent and Central Arizona Project
water delivered to a person or entity within the San Xavier
Indian Reservation in substitution for an equivalent reduc-
tion in the quantity of ground water withdrawn by such
person or entity and to debit the water recovered pursuant
to the indirect storage credits.
‘‘(h) SCHUK TOAK INDIRECT STORAGE ACCOUNT.—
An indirect storage account shall be established to credit
the quantities of effluent and Central Arizona Project
water delivered to a person or entity within the eastern
Schuk Toak District in substitution for an equivalent re-
duction in the quantity of ground water withdrawn by
108
such person or entity and to debit the water recovered pur-
suant to the indirect storage credits.
‘‘(i) ADDITIONAL GROUND WATER.—
‘‘(1) SAN
XAVIER
INDIAN
RESERVATION.—In
addition to the 10,000 acre-feet of ground water
that may be pumped annually within the San Xavier
Indian Reservation in accordance with the agree-
ment that the Nation has entered into with the Sec-
retary pursuant to subsection 307(a), the Nation
may recover annually within the San Xavier Indian
Reservation, all or part of the stored water credits
pursuant to subsection (d), deferred pumping stor-
age credits pursuant to subsection (e), and indirect
storage credits pursuant to subsection (g), except
that the quantity of deferred pumping storage cred-
its recovered under this paragraph shall not exceed
50,000 acre-feet for any 10 year period or 10,000
acre-feet in any year.
‘‘(2) SCHUK TOAK DISTRICT.—In addition to
the 3,200 acre-feet of ground water that the Nation
may pump annually within the eastern Schuk Toak
District in accordance with the agreement that the
Nation has entered into with the Secretary pursuant
to subsection 307(a), the Nation may recover annu-
ally within the eastern Schuk Toak District, all or
109
part of the stored water credits pursuant to sub-
section (d), deferred pumping credits pursuant to
subsection (f), and indirect storage credits pursuant
to subsection (h), except that the quantity of de-
ferred pumping storage credits recovered shall not
exceed 16,000 acre-feet for any 10 year period or
3,200 acre-feet in any year.
‘‘(3) 
INABILITY
TO
RECOVER
GROUND
WATER.—The authorization to recover additional
ground water pursuant to paragraphs (1) and (2)
and the ability of the Nation to withdraw ground
water from beneath the eastern Schuk Toak District
lying within the Tucson Management Area in excess
of the quantities being withdrawn as of January 1,
1981, does not warrant or guaranty that such
ground water physically exists or can be recovered.
The inability to pump or recover such ground water
may not be the basis for any claim by the United
States or the Nation against any person or entity
withdrawing or using water from any common sup-
ply, and the United States and the Nation shall be
barred from asserting any and all claims for re-
served water rights with respect to any such water.
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed to establish wheth-
110
er or not there is a reserved right to ground water
or whether or not any of the other rights to with-
draw and use ground water under this subsection
are Federal reserved water rights. Nothing in this
section shall be construed to limit the rights that the
United States or the Nation would otherwise have
under State law.
‘‘(j) EXEMPT WELLS.—Exempt wells may be drilled
within the San Xavier Indian Reservation and within the
eastern Schuk Toak District and ground water withdrawn
from such exempt wells shall not be subject to the pump-
ing limitations prescribed in this title.
‘‘(k) INABILITY TO ACQUIRE AND DELIVER WATER
DURING SHORTAGE YEAR.—If, during any shortage year,
the Secretary is unable, by reason of an interruption in
delivery or any other reason, to acquire and deliver the
quantities of water required to fulfill the obligations of the
Secretary under sections 304(a) and 306(a), and the Na-
tion has no remaining credits in either the indirect storage
accounts under subsections (f) or (g) or deferred pumping
storage accounts established under subsections (d) or (e),
the Nation may, during the shortage year pump an addi-
tional quantity of ground water equal to—
‘‘(1) with respect to water from the San Xavier
Indian Reservation—
111
‘‘(A) the quantity of acre-feet of water de-
livered by the Secretary to the San Xavier In-
dian Reservation in the most recent year that
is not a shortage year; less
‘‘(B) the quantity of acre-feet of water de-
livered in the shortage year; and
‘‘(2) with respect to water from the eastern
Schuk Toak District—
‘‘(A) the quantity of acre-feet of water de-
livered by the Secretary to the eastern Schuk
Toak District in the most recent year that is
not a shortage year; less
‘‘(B) the quantity of acre-feet of water de-
livered in the shortage year.
‘‘(l) INABILITY TO ACQUIRE AND DELIVER WATER
DURING NONSHORTAGE YEAR.—If, during a year other
than a shortage year, the delivery of water by the Sec-
retary to the San Xavier Indian Reservation or the eastern
Schuk Toak District is interrupted, and the Nation has
no remaining credits in either the direct account of an un-
derground storage and recovery project established under
subsection (c) or a deferred pumping storage account es-
tablished under subsections (d) or (e), the Nation may,
during the period of such interruption, pump an additional
quantity of ground water equivalent to the quantity of
112
water delivered by the Secretary to the San Xavier Indian
Reservation or the eastern Schuk Toak District, respec-
tively, during the same period of time during the most re-
cent preceding nonshortage year.
‘‘(m) STATUTORY CONSTRUCTION.—
‘‘(1) PAYMENT OF DAMAGES.—Nothing in sub-
section (k) or (l) shall be construed to affect, or re-
lieve the Secretary from, any obligation to pay dam-
ages as provided for in subsection 305(e).
‘‘(2) FEDERAL RESERVED RIGHTS.—Nothing in
this title shall be construed to establish the applica-
bility or inapplicability of any doctrine of Federal re-
served rights to ground water.
‘‘SEC. 309. STATUS OF LANDS ACQUIRED IN EXCHANGE FOR
LANDS WITHIN THE GILA BEND INDIAN RES-
ERVATION.
‘‘(a) IN GENERAL.—Lands acquired to replace lands
within the Gila Bend Indian Reservation that are rendered
unsuitable for agriculture by reason of the operation of
the Painted Rock Dam and lands taken into trust pursu-
ant to section 308(c) (as in effect on the day before the
date of enactment of the Arizona Water Settlement Act
of 2000) shall be deemed to have been reserved as of the
date of the reservation of the lands which they replace.
113
‘‘(b) PART OF RESERVATION.—The lands exchanged
under this title shall be held in trust for the Nation and
shall be part of the Gila Bend Reservation for all pur-
poses. Such lands shall be deemed to have been reserved
as of the date of the reservation of the lands for which
they are exchanged.
‘‘SEC. 310. USES OF WATER.
‘‘(a) PERMISSIBLE USES.—
‘‘(1) IN GENERAL.—Any use of water referred
to in this section or other provisions of this title
shall be subject to the limitations imposed herein or
by other applicable law.
‘‘(2) SPECIFIC USES.—The Nation shall have
the right to devote all water supplies granted or con-
firmed to the Nation under this title, whether deliv-
ered by the Secretary or pumped by the Nation, to
any use, including any agricultural, municipal, do-
mestic, industrial, commercial, mining, underground
storage, instream flows, maintenance of riparian
habitat or recreational use.
‘‘(b) USE AREA.—
‘‘(1) USE WITHIN RESERVATION.—Subject only
to the limitations contained in subsection (d), the
Nation may use the water supplies acquired pursu-
ant to sections 304(a) and 306(a), ground water
114
supplies, and direct, indirect and deferred pumping
storage credits acquired under sections 307 and 308
anywhere within the Nation’s territorial jurisdiction.
‘‘(2) USE OUTSIDE RESERVATION.—
‘‘(A) IN GENERAL.—Water received by the
Nation pursuant to this title may only be sold,
leased, transferred, or used outside of the Na-
tion’s territorial jurisdiction, as authorized by
this title.
‘‘(B) USE WITHIN CERTAIN AREA.—Sub-
ject only to the limitations contained in sub-
section (c), the Nation may use the water sup-
plies acquired pursuant to sections 304(a) and
306(a) within the Central Arizona Project Serv-
ice Area.
‘‘(C) COMPLIANCE WITH LAWS.—The Na-
tion may use the ground water supplies and di-
rect storage credits and the indirect storage
credits acquired under section 308 anywhere
outside of the Nation’s territorial jurisdiction
and within the State of Arizona, subject to
compliance with applicable State laws.
‘‘(D) LIMITATION.—None of the water
supplies acquired pursuant to sections 304(a)
and 306(a) shall be leased, exchanged, forborne
115
or otherwise transferred in any way by the Na-
tion for use directly or indirectly outside of the
State of Arizona. Nothing in this title shall be
construed as a limitation on the Nation’s ability
to enter into any agreement with the Arizona
Water Banking Authority, or its successor
agency or entity, in accordance with State law.
‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EX-
CHANGES AND LEASES; RIGHT OF FIRST REFUSAL.—
‘‘(1) IN
GENERAL.—The Nation may, for a
term of not to exceed 100 years, assign, exchange,
lease, provide an option to lease, or temporarily dis-
pose of water to which the Nation is entitled to
under sections 304(a) and 306(a) and direct and in-
direct storage credits acquired under sections 307
and 308 to users outside the Nation’s territorial ju-
risdiction if such assignment, exchange, lease, op-
tion, or disposal is in accordance with this sub-
section.
‘‘(2) LIMITATION ON ALIENATION.—The Nation
may not permanently alienate any water rights
under paragraph (1).
‘‘(3) AUTHORIZED USES.—The water described
in paragraph (1) shall be delivered within the Cen-
116
tral Arizona Project Service Area for any use au-
thorized under applicable laws governing the user.
‘‘(4) CONTRACT.—The transaction with respect
to water described in paragraph (1) shall be made
pursuant to a contract that the Nation has accepted
and ratified pursuant to a resolution of the Nation’s
Legislative Council, and shall be approved by the
Secretary as trustee of the Nation.
‘‘(5) ACTIONS.—The contract referred to in
paragraph (4) shall specifically provide that an ac-
tion may be maintained by the contracting party
against the United States and the Secretary for a
breach of the contract by the United States or Sec-
retary.
‘‘(6) TERMS EXCEEDING 25 YEARS.—
‘‘(A) OFFERS.—In the event that the Na-
tion offers a contract under paragraph (4) with
a term of more than 25 years, the Nation shall
agree to initially make such offer to users with-
in the Tucson Management Area.
‘‘(B) ARBITRATION.—In the event that a
party proposes to enter into a contract de-
scribed in subparagraph (A) for use of the
water within the Tucson Management Area, but
the Nation and the proposing party cannot
117
agree on the consideration to be paid by the
proposing party for such contract, the issue of
consideration may be submitted by the Nation
or the proposing party to the American Arbitra-
tion Association for arbitration by a panel of 3
arbitrators, with any such arbitration pro-
ceeding to be conducted in accordance with the
Commercial Arbitration Rules of the Associa-
tion and pursuant to the following:
‘‘(i) In resolving the controversy over
consideration, the arbitrators shall take
into account the consideration given and
accepted in other contracts for the sale, as-
signment, lease or option to lease of water
of comparable reliability for comparable
terms and with comparable contract provi-
sions in the State of Arizona.
‘‘(ii) The final decision or award re-
sulting from such arbitration shall be advi-
sory, and shall not be binding or enforce-
able against either party. Except with re-
spect to the United States, the arbitrators’
assessment of costs against the parties
shall be binding and enforceable.
118
‘‘(7) USE
OUTSIDE
TUCSON
MANAGEMENT
AREA.—In the event that the Nation receives no pro-
posal for the use of the water within the Tucson
Management Area under paragraph (6), or the Na-
tion and a proposing party are unable to reach
agreement after advisory arbitration under such
paragraph, the Nation’s offer may be extended for
use of the water outside the Tucson Management
Area, subject to the provisions of paragraph (8).
‘‘(8) RIGHT OF FIRST REFUSAL.—
‘‘(A) SUBMISSION OF INFORMATION.—On
or before the 180th day prior to the Trans-
action Date on which the Nation desires to
enter into a transaction under paragraph (4)
with an entity intending to use the water ac-
quired pursuant to sections 304(a) and 306(a)
and direct and indirect storage credits acquired
under sections 307 and 308 outside of the Na-
tion’s territorial jurisdiction and the Tucson
Management Area, the Nation shall submit to
the Secretary, the President of the Central Ari-
zona Water Conservation District, and the Di-
rector of the Arizona Department of Water Re-
sources, the proposed transaction and all re-
lated exhibits and agreements.
119
‘‘(B) NOTICE.—On or before the 150th
day prior to the Transaction Date, the Nation,
or the Director under agreement with the Na-
tion, shall provide notice of the proposed trans-
action involved by mail to all current Central
Arizona Project contractors and subcontractors
in the Tucson Management Area, municipal
providers that have member service areas in the
Central Arizona Groundwater Replenishment
District within the Tucson Management Area,
and by publication in a newspaper of general
circulation in the city of Tucson, Arizona, once
a week for two consecutive weeks.
‘‘(C) COUNTEROFFERS.—
‘‘(i) IN GENERAL.—On or before the
90th day prior to the Transaction Date,
any 
qualified 
entity 
may 
submit 
a
counteroffer to the Nation with a copy to
the Director. If the Nation does not receive
any counteroffers from a qualified entity, it
may submit the original transaction offer
for approval under paragraph (4).
‘‘(ii) DEFINITION.—In clause (i), the
term ‘qualified entity’ means any current
Central Arizona Project contractor or sub-
120
contractor within the Tucson Management
Area, any municipal provider that has a
member service area in the Central Ari-
zona Groundwater Replenishment District
within the Tucson Management Area, the
Arizona Water Banking Authority so long
as it agrees to store the water within the
Tucson Management Area, or any other
entity that agrees to use the water within
the Tucson Management Area and dem-
onstrates the financial and physical ability
to utilize the water.
‘‘(9) COUNTEROFFERS.—
‘‘(A) SELECTION.—If the Nation has re-
ceived one or more counteroffers from qualified
entities, the Nation shall select one or more of
such counteroffers that match or are superior
to the original transaction offer. A counteroffer
matches or is superior to the original trans-
action offer if it matches the price and other
substantive terms of the original transaction
offer.
‘‘(B) 
NO
MATCHING
OFFER.—If 
no
counteroffer from a qualified entity matches or
121
is superior to the original transaction offer, the
Nation may select the original offer.
‘‘(C) NOTICE.—The Nation shall notify all
parties who submitted an offer or counteroffer
of its selection and shall submit the selected
offer or counteroffer for approval under para-
graph (4).
‘‘(d) LIMITATIONS
ON
USE, EXCHANGES
AND
LEASES.—The rights of the Nation to use water supplies
pursuant to subsection (a), and to exchange, lease, provide
options to lease, or temporarily dispose of the water sup-
plies pursuant to subsection (c), shall be exercised on con-
ditions which assure the availability of water supplies sub-
ject to the first right of beneficial consumptive use in sec-
tion 307(a)(1)(F)(i) and water supplies subject to the pro-
visions of federal law identified in section 308(a).
‘‘(e) REQUIREMENTS FOR LEASES.—In any trans-
action entered into by the Nation under subsection (c)
with respect to the Nation’s Central Arizona Project
water, the other party shall not be obligated to pay to the
United States or the Central Arizona Water Conservation
District water service capital charges or any other charges
or payments (other than charges and payments for fixed
and variable operation, maintenance and replacement) for
such Central Arizona Project water.
122
‘‘(f) WATER RIGHTS UNAFFECTED BY USE OR NON-
USE.—The lack of use of water by the Nation or the use
or lack of use of water by any person or entity with whom
the Nation enters into a contract for an exchange, lease,
option for the lease or disposition of water pursuant to
subsection (c) shall not diminish, reduce or impair.
‘‘(1) the water rights of the Nation, as estab-
lished under this title or any other applicable law; or
‘‘(2) any use rights recognized under this title,
including the first right of beneficial consumptive
use referred to in section 307(a)(1)(F)(i) or the al-
lottee use rights referred to in section 308(a).
‘‘(g) USE OF PROCEEDS.—The Nation shall use the
proceeds from any exchange, lease, option to lease, or dis-
position of water made pursuant to this section for social
or economic programs or for any other governmental pur-
pose that benefits the Nation.
‘‘(h) AGREEMENT TO AMEND THE AGREEMENT OF
DECEMBER 11, 1980.—Pursuant to section 305(a), the
Secretary shall enter into an agreement with the Nation
to amend the Agreement of December 11, 1980, to—
‘‘(1) provide that it shall be permanent service,
as that term is used in section 5 of the Boulder
Canyon Project Act of 1928 (43 U.S.C. 617d), and
shall be without term;
123
‘‘(2) as set forth in subsection (b)(2), authorize
the Nation to exchange, lease, enter into an option
to lease or temporarily dispose of water to which the
Nation is entitled under sections 304(a) and 306(a);
and
‘‘(3) otherwise conform the Agreement of De-
cember 11, 1980 to this title.
‘‘(i) APPROVAL AND CONFIRMATION BY CONGRESS
OF AGREEMENTS.—Notwithstanding any other provision
of law, any agreement made pursuant to subsection (h)
shall be deemed to be approved by Congress.
‘‘(j) APPROVAL BY CONGRESS OF WATER LEASES.—
The following leases are hereby ratified and approved by
Congress, effective on the effective date described in sec-
tion 317:
‘‘(1) THE TUCSON WATER LEASE.—The Sec-
retary is authorized to approve and execute the Tuc-
son Water Lease in a form substantially the same as
that attached to the Settlement Agreement.
‘‘(2) THE
ASARCO
WATER
LEASE.—The Sec-
retary is authorized to approve and execute the
Asarco Water Lease in a form substantially the
same as that attached to the Settlement Agreement.
124
‘‘(k) DISBURSEMENTS
FROM
TUCSON
INTERIM
WATER LEASE, TUCSON WATER LEASE
AND ASARCO
WATER LEASE.—The Secretary shall—
‘‘(1) disburse to the Nation, without condition,
all proceeds from the Tucson Interim Water Lease;
‘‘(2) disburse to the Nation without condition,
all proceeds from the Tucson Water Lease; and
‘‘(3) disburse all proceeds from the Asarco
Water Lease to the entities and for the purposes
prescribed in such Asarco Lease and the Asarco
Agreement.
‘‘(l) APPROVAL BY CONGRESS OF AGREEMENTS AND
INTERIM ALLOTTEE WATER RIGHTS CODE.—The fol-
lowing agreements and interim allottee water rights code
are hereby ratified and approved by the Congress, effective
on the effective date described in section 317:
‘‘(1) THE
TUCSON
AGREEMENT.—The Sec-
retary is authorized to approve and execute the Tuc-
son Agreement in a form substantially the same as
that attached to the Settlement Agreement.
‘‘(2) THE ASARCO AGREEMENT.—The Secretary
is authorized to approve and execute the Asarco
Agreement in a form substantially the same as that
attached to the Settlement Agreement.
125
‘‘(3) THE FICO AGREEMENT.—The Secretary is
authorized to approve and execute the FICO Agree-
ment in a form substantially the same as that at-
tached to the Settlement Agreement.
‘‘(4) THE INTERIM ALLOTTEE WATER RIGHTS
CODE.—The Secretary is authorized to approve the
Interim Allottee Water Rights Code in the form sub-
stantially the same as that attached to the Settle-
ment Agreement.
‘‘(m) STATUTORY CONSTRUCTION.—Pursuant to sec-
tion 306(d) (as in effect on the day before the date of
enactment of the Arizona Water Settlement Act of 2000),
nothing in this section shall be construed to establish
whether or not reserved water may be put to use, or sold
for use, off of any reservation to which reserved water
rights attach.
‘‘SEC. 311. EXPENDITURES FROM THE TRUST FUND OF THE
NATION.
‘‘(a) IN GENERAL.—Subject to the limitations con-
tained in subsection (b), the principal and all accrued in-
terest and dividends in the trust fund established under
section 309 (as in effect on the day before the date of
enactment of the Arizona Water Settlement Act of 2000),
may be—
126
‘‘(1) expended by the Nation for any govern-
mental purpose; and
‘‘(2) invested by the Nation in accordance with
such policies as the Nation may adopt.
The Secretary shall not be responsible for the review, ap-
proval or audit of the use and expenditure of the moneys
from such trust fund, nor shall the Secretary be subject
to liability for any claim or cause of action arising from
the Nation’s use and expenditure of such funds.
‘‘(b) CONDITIONS OF TRUST.—
‘‘(1) RESERVE
FOR
THE
COST
OF
SUBJUGA-
TION.—In order to secure the obligation of the Na-
tion to pay the cost of subjugation of the lands to
be served by the extension to the existing irrigation
system referred to in section 304(c)(2), the Nation
shall reserve in the trust fund the principal amount
of $3,000,000, plus interest thereon from the effec-
tive date described in section 317 until—
‘‘(A) the date on which full payment of
such costs has been made; or
‘‘(B) the date that is 10 years after such
effective date.
‘‘(2) PAYMENT.—The subjugation costs de-
scribed in paragraph (1) shall be paid in the amount
127
and on the terms as prescribed in sections
306(a)(1)(E).
‘‘(3) LIMITATION ON RESTRICTIONS.—Upon the
occurrence of either of the events described in sub-
paragraphs (A) and (B) of paragraph (1), the re-
strictions imposed on such funds under such para-
graph shall cease, and any remaining funds pre-
viously reserved shall be subject to use by the Na-
tion pursuant to subsection (a).
‘‘SEC. 312. COOPERATIVE FUND; EXPENDITURES.
‘‘(a) IN GENERAL.—Notwithstanding any applicable
date specified in any other provision of law, and except
as provided in this section, the Secretary of the Treasury
shall not terminate the Cooperative Fund established prior
to the effective date described in section 317 to carry out
the duties of the Secretary under sections 304, 305, 306
and 308, including payment of the costs related to delivery
of water pursuant to contracts entered into under section
310. The Cooperative Fund shall be used for carrying out
the obligations of the Secretary under this title, including
‘‘(1) to pay the fixed and variable operation,
maintenance, and replacement costs related to the
delivery of water under sections 304 and 306;
‘‘(2) to pay the costs of acquisition and delivery
of water from alternative sources under section 305;
128
‘‘(3) to pay any capital or other charges related
to the acquisition or delivery of water under sections
304, 305 and 306; and
‘‘(4) to pay any damages payable by the Sec-
retary under section 305(e).
‘‘(b) AMOUNTS IN COOPERATIVE FUND.—
‘‘(1) IN
GENERAL.—The Cooperative Fund
shall consist of—
‘‘(A)(i) $5,250,000, which was appro-
priated to the Fund pursuant to this title (as
in effect on the day before the date of enact-
ment of the Arizona Water Settlement Act of
2000);
‘‘(ii) such sums, not to exceed $16,000,000
(adjusted as provided for in paragraph (2)),
that the Secretary determines by notice to Con-
gress, are necessary to meet the obligations
under this title; and
‘‘(iii) any additional Federal funds depos-
ited into the Fund pursuant to Federal law;
‘‘(B) $5,250,000, which was contributed to
the Fund pursuant to this title (as in effect on
the day before the date of enactment of the Ari-
zona Water Settlement Act of 2000), of
which—
129
‘‘(i) $2,750,000 was contributed by
the State of Arizona;
‘‘(ii) $1,500,000 was contributed by
the city of Tucson, Arizona;
‘‘(iii) $1,000,000 was contributed by
the Anamax Mining Company, the Cyprus-
Pima Mining Company, the American
Smelting and Refining Company, the
Duval Corporation, and the Farmers In-
vestment Company; and
‘‘(iv) all interest accrued on all con-
tributions and appropriations to the Coop-
erative Fund during the period beginning
October 12, 1982 and ending on the effec-
tive date described in section 317 and all
interest accrued on all contributions and
appropriations to the Cooperative Fund
after such date, less any interest expended
pursuant to subsection (c); and
‘‘(C) all revenues received from the sale or
lease of the effluent received by the Secretary
under the Contract between the United States
and the City of Tucson to Provide for Delivery
of Reclaimed Water to the Secretary dated Oc-
tober 11, 1983, or from the sale or lease of
130
storage credits derived from the storage of such
effluent, the entire amount of which shall be in-
come to the Cooperative Fund and be available
for expenditure in accordance with subsection
(c).
‘‘(2) INTEREST.—Until funds are appropriated
and made available to the Cooperative Fund from
the sums referred to in subsection (b)(1)(A)(ii), the
amount authorized to be appropriated under such
subsection shall include an adjustment representing
the interest that the Cooperative Fund would have
earned on such amount if such amount had been ap-
propriated to the Fund as of October 12, 1983.
‘‘(c) EXPENDITURES
FROM
THE
COOPERATIVE
FUND.—Only interest accruing and income to the Cooper-
ative Fund after the effective date described in section 317
shall be expended. Interest accruing and income to the Co-
operative Fund shall be available for expenditure by the
Secretary pursuant to this section without further appro-
priation.
‘‘(d) INVESTMENTS
BY
THE SECRETARY
OF
THE
TREASURY.—The Secretary of the Treasury shall serve as
the trustee of the Cooperative Fund, and shall invest such
portion of the Cooperative Fund as is not, in the judgment
of the Secretary and in consultation with the Secretary
131
of the Treasury, required to be withdrawn to meet the Sec-
retary’s obligations under this title. Such investments
shall be in public debt securities with maturities suitable
for the needs of such Cooperative Fund and that bear in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketable obligations of the United States
or comparable maturities.
‘‘(e) TERMINATION OF COOPERATIVE FUND.—If the
final judgment in United States v. Tucson does not dis-
miss, with prejudice, all claims against the defendants
named therein, and a final judgment in Alvarez v. United
States does not dismiss with prejudice, all claims against
the defendants named therein, other than the claims pre-
served under section 315(c), the Cooperative Fund shall
be terminated and the Secretary of the Treasury shall re-
turn all amounts contributed to the Cooperative Fund, to-
gether with a ratable share of the remaining accrued inter-
est, to the respective contributors.
‘‘(f) SHARE OF COOPERATIVE FUND CONTRIBUTED
BY
THE UNITED STATES.—If the final judgment in
United States v. Tucson does not dismiss, with prejudice,
all claims against the defendants named therein, and a
final judgment in Alvarez v. United States does not dis-
miss, with prejudice, all claims against the defendants
132
named therein, other than the claims preserved under sec-
tion 315(c), the share of the Cooperative Fund contributed
by the United States shall be deposited in the General
Fund of the Treasury of the United States.
‘‘SEC. 313. CONTRACTING AUTHORITY; ENVIRONMENTAL
COMPLIANCE; 
WATER 
QUALITY; 
STUDIES;
ARID LANDS ASSISTANCE.
‘‘(a) FUNCTIONS OF SECRETARY.—The functions of
the Secretary, and the Bureau of Reclamation acting on
behalf of the Secretary, under this title shall be subject
to the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) to the same extent as
if the functions were performed by the Bureau of Indian
Affairs.
‘‘(b) SAN XAVIER DISTRICT AS A CONTRACTOR.—
‘‘(1) IN GENERAL.—Subject to the consent of
the Nation pursuant to section 307(a)(4) and the
conditions and limitations described in subpara-
graphs (A) through (F) of section 306(a)(1), the
San Xavier District shall be considered an eligible
contractor for purposes of this section.
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary
shall make available to the San Xavier District tech-
nical assistance in satisfying the contracting require-
134
‘‘(3) DUTIES
OF
SECRETARY.—In designing
and carrying out a program under paragraph (1) or
(2), the Secretary shall consult with the Nation, the
San Xavier and Schuk Toak Districts, and appro-
priate State and local entities. The Secretary shall
have no continuing obligation beyond the obligations
described in such paragraphs with respect to ground
water monitoring programs.
‘‘(d) WATER RESOURCES STUDY.—Pursuant to this
Act, the Secretary shall complete a study to determine the
availability and suitability of water resources within the
Nation, but outside the Tucson Management Area, to as-
sist the Nation with the development of sources of water.
‘‘(e) ARID LAND RENEWABLE RESOURCES.—Pursu-
ant to this Act, if a Federal entity is established to provide
financial assistance to undertake arid land renewable re-
sources projects and to encourage and ensure investment
in the development of domestic sources of arid land renew-
able resources, such entity shall give first priority to the
needs of the Nation in providing such assistance. Such en-
tity shall make available to the Nation, the San Xavier
and Schuk Toak Districts, and the San Xavier Coopera-
tive Association, price guarantees, loans, loan guarantees,
purchase agreements, and joint venture projects at a level
to adequately cultivate a minimum number of acres as de-
135
termined by such entity to be necessary to the economi-
cally successful cultivation of arid land crops and a level
to contribute significantly to the economy of the Nation.
‘‘(f) ASARCO LAND EXCHANGE STUDY.—The Sec-
retary shall, not later than 5 years after the date of enact-
ment of the Arizona Water Settlement Act of 2000, con-
duct a study, and report to Congress, concerning the feasi-
bility of a land exchange or land exchanges with Asarco
to—
‘‘(1) provide lands for future use by the bene-
ficial landowners of the Mission Complex Mining
Leases of September 18, 1959; and
‘‘(2) provide lands for future use by the bene-
ficial landowners of the Mission Complex Business
Leases of May 12, 1959.
The study shall examine how land exchanges could be ac-
complished in a manner to maintain a contiguous land
base for the San Xavier Indian Reservation, and what
legal status exchanged lands should have in order to main-
tain the political integrity of the San Xavier Indian Res-
ervation.
‘‘SEC. 314. AUTHORIZATION OF APPROPRIATIONS.
‘‘In addition to the amounts otherwise authorized to be
appropriated under this title, there are authorized to be
appropriated to the Secretary—
136
‘‘(1) such sums as may be necessary to carry
out the ground water monitoring programs under
section 313(c); and
‘‘(2) such sums as may be necessary to carry
out subsections (d) and (e) of section 313.
‘‘SEC. 315. SETTLEMENT OF CLAIMS.
‘‘(a) SETTLEMENT
OF
LITIGATION
BY
UNITED
STATES.—
‘‘(1) APPROVAL OF SETTLEMENT AGREEMENT,
LEASES
AND
OTHER
AGREEMENTS.—The United
States hereby approves, ratifies and confirms the
Settlement Agreement. Notwithstanding the effective
date provided for in section 317, the Secretary shall,
upon the enactment of the Arizona Water Settle-
ment Act of 2000, execute the Settlement Agree-
ment and enter into those agreements with the set-
tling parties necessary to effectuate the Settlement
Agreement, including the leases described in section
310(j) and the agreements described in section
310(l).
‘‘(2) RELATION TO OTHER LAW.—The execu-
tion of the Settlement Agreement, the leases de-
scribed in section 310(j) and the agreements de-
scribed in 310(l) shall not constitute major Federal
137
action under the National Environmental Policy Act
(42 U.S.C. 4321 et seq.).
‘‘(3) APPROPRIATION
OF
AUTHORIZATION.—
There is authorized to be appropriated such sums as
may be necessary to carry out all necessary environ-
mental compliance activities associated with the Set-
tlement Agreement, the leases described in section
310(j) and the agreements described in section
310(1), including mitigation measures adopted by
the Secretary.
‘‘(b) WAIVER AND RELEASE OF CLAIMS.—
‘‘(1) DEFINITIONS.—In this section:
‘‘(A) ALLOTTEE CLASSES.—The term ‘al-
lottee classes’ means the plaintiff class certified
in United States v. Tucson and the plaintiff
class certified for causes of action 1 through 3
of Alvarez v. Tucson.
‘‘(B) INJURIES TO WATER RIGHTS.—The
term ‘injuries to water rights’ means the loss,
deprivation or diminution of the use of water
rights until the effective date described in sec-
tion 317.
‘‘(C) PERMITTED DIVERSIONS.—The term
‘permitted diversions’ means diversions or with-
drawals of—
138
‘‘(i) ground water by the United
States, the State of Arizona and any agen-
cy or political subdivision thereof, any mu-
nicipal corporation, any entity, or any per-
son which do not exceed the largest annual
diversion or withdrawal by that entity or
person in the 5 years immediately pre-
ceding the effective date described in sec-
tion 317; and
‘‘(ii) stored water as defined, on the
effective date described in section 317, in
section 45–802.01 of the Arizona Revised
Statutes, and which water is recognized
under the laws of Arizona and recovered in
the area of hydrologic impact of the facility
in which such water is stored.
‘‘(D) WATER
RIGHTS.—The term ‘water
rights’ means water rights in ground water,
surface water and effluent within the Tucson
Management Area under Federal, State and
other law.
‘‘(2) WAIVER OF CLAIMS BY THE NATION.—The
Settlement Agreement referred to in subsection (a)
shall provide that the Nation, on behalf of itself and
its members, waives and releases—
139
‘‘(A) any and all claims for water rights,
and claims for injuries to water rights, for
lands within the Tucson Management Area,
against the State of Arizona or any agency or
political subdivision thereof, or any person, enti-
ty, corporation or municipal corporation;
‘‘(B) any and all claims for water rights,
for lands within the Tucson Management Area,
against the United States and its agencies, offi-
cials and employees;
‘‘(C) any and all claims for injuries to
water rights or for failure to protect, acquire or
develop water rights for lands within the San
Xavier Indian Reservation and the eastern
Schuk Toak District from time immemorial to
the effective date described in section 317
against the United States and its agencies, offi-
cials and employees; and
‘‘(D) any and all claims arising out of or
related in any manner to the negotiation or
adoption of the Settlement Agreement, exhibits
to the Settlement Agreement, or this title, or
any specific terms and provisions thereof,
against the United States and its agencies, offi-
cials and employees.
141
any specific terms and provisions thereof,
against the United States and its agencies, offi-
cials and employees; and
‘‘(E) any and all claims for water rights
and claims for injuries to water rights against
the Nation, except that pursuant to section
307(a)(1)(G), section 308(a), section 308(b),
and subsection (h)(1)(A)(ii) the allottees and
fee owners of allotted land shall retain any
rights they may have to share in the water re-
sources granted or confirmed in this title and
the Settlement Agreement with respect to uses
within the San Xavier Indian Reservation.
‘‘(4) WAIVER
OF
CLAIMS
BY
THE
UNITED
STATES.—The Settlement Agreement referred to in
subsection (a) shall provide that the United States
waives and releases—
‘‘(A) any and all claims for water rights
and claims for injuries to water rights within
the Tucson Management Area, on behalf of the
Nation, its members, or the allottees against
the Nation, the State of Arizona or any agency
or political subdivision thereof, or any person,
entity, corporation or municipal corporation;
142
‘‘(B) any and all claims for future injuries
to water rights from permitted diversions on be-
half of the allottees against the Nation, the
State of Arizona or any agency or political sub-
division thereof, or any person, entity, corpora-
tion or municipal corporation;
‘‘(C) any and all claims for injuries to
water rights against the Nation from and after
the effective date described in section 317, on
behalf of the allottees, except that pursuant to
section 307(a)(1)(G), section 308(a), section
308(b), 
and 
subsection 
(h)(1)(A)(ii) 
the
allottees shall retain any rights they may have
to share in the water resources granted or con-
firmed in this title and the Settlement Agree-
ment with respect to uses within the San Xa-
vier Indian Reservation; and
‘‘(D) contingent upon the effectiveness of a
waiver of such claims as provided for in the
Asarco Agreement, any and all claims for
ground water contamination against Asarco on
behalf of the Alvarez v. Tucson Count 4 Plain-
tiff Class as defined in the Settlement Agree-
ment.
143
‘‘(5) SUPPLEMENTAL
WAIVERS
OF
CLAIMS.—
Any party to the Settlement Agreement may waive
and release, prohibit the assertion of or agree not to
assert any claims in addition to claims for water
rights, claims for injuries to water rights and claims
for injuries to water rights from permitted diversions
on such terms and conditions as may be agreed to
by the parties.
‘‘(c) RIGHTS
OF
ALLOTTEES; PROHIBITION
OF
CLAIMS.—
‘‘(1) IN GENERAL.—As of the effective date de-
scribed in section 317—
‘‘(A) the water rights and other benefits
granted or confirmed by this title and the Set-
tlement Agreement shall be in full satisfaction
of all claims for water rights and claims for in-
juries to water rights of the Nation and its
members, and all claims for water rights, claims
for injuries to water rights and claims for inju-
ries to water rights from permitted diversions of
the allottees and fee owners of allotted land
within the San Xavier Indian Reservation;
‘‘(B) any entitlement to water within the
Tucson Management Area of the Nation and its
individual members, any allottee or fee owner of
144
allotted land within the San Xavier Indian Res-
ervation shall be satisfied out of the water re-
sources granted or confirmed by this title; and
‘‘(C) any rights that the allottees or fee
owners of allotted land within the San Xavier
Indian Reservation may have to ground water,
surface water or effluent shall be limited to the
water rights granted or confirmed by this title
and the Settlement Agreement.
‘‘(2) LIMITATION OF CERTAIN CLAIMS.—No al-
lottee or fee owner of allotted land within the San
Xavier Indian Reservation may assert any claims for
water rights, claims for injuries to water rights, or
claims for future injuries to water rights from per-
mitted diversions against the United States, the
State of Arizona or any agency or political subdivi-
sion thereof, or any person, entity, corporation or
municipal corporation, nor may any allottee or fee
owner of allotted land continue to assert against the
United States, the State of Arizona or any agency
or political subdivision thereof, or any person, entity,
corporation or municipal corporation, any claims for
water rights, claims for injuries to water rights, or
claims for future injuries to water rights from per-
145
mitted diversions that have been asserted prior to
the effective date of this title.
‘‘(3) LIMITATION
OF
CLAIMS
AGAINST
SET-
TLING PARTIES.—No allottee or fee owner of allotted
land within the San Xavier Indian Reservation may
assert any claim against any settling party to the ex-
tent that—
‘‘(A) such claim has been waived and re-
leased in the Settlement Agreement by the al-
lottee classes; and
‘‘(B) the allottees or fee owners of allotted
land within the San Xavier Indian Reservation
receive the benefit afforded to members of the
allottee classes.
‘‘(4) LIMITATION OF CLAIMS AGAINST THE NA-
TION.—No allottee or fee owner of allotted land
within the San Xavier Indian Reservation may as-
sert against the Nation any claims for water rights,
claims for injuries to water rights, or, beginning on
the effective date of this title, claims for injuries to
water rights, except that pursuant to section
307(a)(1)(G), section 308(a), section 308(b), and
subsection (h)(1)(A)(ii) the allottees and fee owners
of allotted land within the San Xavier Indian Res-
ervation shall retain any rights they may have to
146
share in the water resources granted or confirmed in
this title and the Settlement Agreement with respect
to uses in the San Xavier Indian Reservation.
‘‘(d) 
ACQUISITION
OF
ADDITIONAL
WATER
RIGHTS.—Nothing in this title shall be construed to pro-
hibit the Nation, or its members, the allottees or fee own-
ers of allotted land in the San Xavier Indian Reservation
from lawfully acquiring water rights for use in the Tucson
Management Area in addition to the water rights granted
or confirmed by this title and the Settlement Agreement.
‘‘(e) NO ABROGATION OF RIGHTS.—This title shall
not be construed to abrogate any rights or remedies exist-
ing under section 1346 or 1491 of title 28, United States
Code.
‘‘(f) CONSENT.—Congress hereby grants consent to
each obligee under section 305(e) to maintain actions
against the United States in the courts of the United
States pursuant to sections 1346 or 1491 of title 28,
United States Code, respectively, to recover damages, if
any, for the breach of any of the Secretarial obligations
under this section. The lack of sufficient funds in the Co-
operative Fund to fulfill the Secretarial obligations may
not be raised by the United States as a defense to the
breach. The exclusive remedy for an action maintained
under this subsection shall be monetary damages. Nothing
147
in the subsection shall be deemed to create any claims
against the United States. The court shall offset against
any award for any such claim the amount of funds made
available by appropriations Acts by Congress and paid to
the obligee by the Secretary in partial or complete satisfac-
tion of the claim.
‘‘(g) JURISDICTION; WAIVER
OF IMMUNITY; PAR-
TIES.—
‘‘(1) JURISDICTION.—
‘‘(A) IN GENERAL.—Except as provided in
subsection (h), the courts of the United States
shall have original and exclusive jurisdiction
over—
‘‘(i) actions for the interpretation and
enforcement of this title and the Settle-
ment Agreement; and
‘‘(ii) 
actions 
by 
or 
against 
the
allottees or fee owners of allotted land for
the interpretation of, or legal or equitable
remedies with respect to, claims of water
rights of the allottees or fee owners of al-
lotted land which are not claims for water
rights, claims for permitted diversions or
claims waived and released in the Settle-
ment Agreement.