(A) leased, exchanged, forborne, or other-
wise transferred under an agreement with the 
Arizona Water Banking Authority that is in ac-
cordance with section 414 of title 43, Code of 
Federal Regulations; and 
(B) delivered to users in Arizona in ex-
change for Gila River water delivered to the 
State of New Mexico or to water users in New 
Mexico as provided in section 304 of the Colo-
rado River Basin Project Act (43 U.S.C. 1524). 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection prohibits any entity from entering into a 
contract with the Arizona Water Banking Authority 
or a successor of the Authority under State law. 
SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN 
WATER. 
(a) FIRMING PROGRAM.—The Secretary and the 
State shall develop a firming program to ensure that 
60,648 acre-feet of the agricultural priority water made 
available pursuant to the master agreement and reallo-
cated to Arizona Indian tribes under subsection 104(a)(1), 
shall, for a 100-year period, be delivered during water 
shortages in the same manner as water with a municipal 
and industrial delivery priority in the Central Arizona 
Project system is delivered during water shortages.
(b) DUTIES.—
(1) SECRETARY.—The Secretary shall—
(A) firm 28,200 acre-feet of agricultural 
priority water reallocated to the Tohono 
O’odham Nation under section 104(a)(1)(A)(ii); 
and 
(B) firm 8,724 acre-feet of agricultural 
priority water reallocated to Arizona Indian 
tribes under section 104(a)(1)(A)(iii). 
(2) STATE.—The State shall—
(A) firm 15,000 acre-feet of agricultural 
priority water reallocated to the Gila River In-
dian Community under section 104(a)(1)(A)(i); 
(B) firm 8,724 acre-feet of agricultural 
priority water reallocated to Arizona Indian 
tribes under section 104(a)(1)(A)(iii); and 
(C) assist the Secretary in carrying out ob-
ligations of the Secretary under paragraph 
(1)(A) in accordance with section 306 of the 
Southern Arizona Water Rights Settlement 
Amendments Act (as added by section 301). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out the duties of the Sec-
retary under subsection (b)(1).
SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY 
WATER. 
(a) APPROVAL OF AGREEMENT.—
(1) IN GENERAL.—The master agreement is au-
thorized, ratified, and confirmed. 
(2) EXHIBITS.—The Secretary shall execute 
any of the exhibits to the master agreement that 
have not been executed as of the date of enactment 
of this Act. 
(b) NONREIMBURSABLE DEBT.—In accordance with 
the master agreement, the portion of 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 the master agreement as 
nonreimbursable to the United States, shall be non-
reimbursable and nonreturnable to the United States in 
an amount not to exceed $73,561,337. 
(c) EXEMPTION.—The Reclamation Reform Act of 
1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full cost pricing provisions of Federal law 
shall not apply to—
(1) land within the exterior boundaries of the 
Central Arizona Water Conservation District or 
served by Central Arizona Project water; 
(2) land within the exterior boundaries of the 
Salt River Reservoir District;
(3) land held in trust by the United States for 
an Arizona Indian tribe that is—
(A) within the exterior boundaries of the 
Central Arizona Water Conservation District; 
or 
(B) served by Central Arizona Project 
water; and 
(4) any person, entity, or land, solely on the 
basis of—
(A) receipt of any benefits under this Act; 
(B) execution or performance of the Gila 
River agreement; or 
(C) the use, storage, delivery, lease, or ex-
change of Central Arizona Project water. 
SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT 
FUND. 
(a) IN GENERAL.—Section 403 of the Colorado River 
Basin Project Act (43 U.S.C. 1543) is amended by strik-
ing subsection (f) and inserting the following: 
‘‘(f) ADDITIONAL USES OF REVENUE FUNDS.—
‘‘(1) CREDITING
AGAINST
CENTRAL
ARIZONA 
WATER
CONSERVATION
DISTRICT
PAYMENTS.—
Funds credited to the development fund pursuant to 
subsection (b) and paragraphs (1) and (3) of sub-
section (c), the portion of revenues derived from the
sale of power and energy for use in the State of Ari-
zona pursuant to subsection (c)(2) in excess of the 
amount necessary to meet the requirements of para-
graphs (1) and (2) of subsection (d), and any annual 
payment by the Central Arizona Water Conservation 
District to effect repayment of reimbursable Central 
Arizona Water Conservation District to effect repay-
ment of reimbursable Central Arizona Project con-
struction costs, shall be credited annually against 
the annual payment owed by the Central Arizona 
Water Conservation District to the United States for 
the Central Arizona Project. 
‘‘(2) FURTHER USE OF REVENUE FUNDS CRED-
ITED
AGAINST
PAYMENTS
OF
CENTRAL
ARIZONA 
WATER CONSERVATION DISTRICT.—After being cred-
ited in accordance with paragraph (1), the funds 
and portion of revenues described in that paragraph 
shall be available annually, without further appro-
priation, in order of priority—
‘‘(A) to pay fixed operation, maintenance, 
and replacement charges associated with the de-
livery of Central Arizona Project water under 
long-term contracts for use by Arizona Indian 
tribes (as defined in section 2 of the Arizona 
Water Settlements Act);
‘‘(B) 
to 
make 
deposits, 
totaling 
$53,000,000 in the aggregate, in the Gila River 
Indian Community Water OM&R Trust Fund 
established by section 207 of the Gila River In-
dian Community Water Rights Settlement Act 
of 2003; 
‘‘(C) 
to 
pay 
an 
amount 
equal 
to 
$147,000,000, adjusted to reflect changes since 
January 1, 2000, in the Consumer Price Index 
for all urban consumers published by the De-
partment of Labor, to the Gila River Indian 
Community to rehabilitate the San Carlos Irri-
gation Project, of which not more than 
$25,000,000 shall be available annually, on re-
quest by the Gila River Indian Community in 
accordance with attachment 6.5.1 of exhibit 
20.1 of the Gila River Indian Community 
Water Rights Settlement, dated July 1, 2002, 
except that the total amount shall be increased 
or decreased, as appropriate, based on ordinary 
fluctuations in construction cost indices applica-
ble to the types of construction involved in the 
rehabilitation;
‘‘(D) in addition to amounts made avail-
able for the purpose through annual appropria-
tions, and without regard to priority—
‘‘(i) to pay the costs associated with 
the construction of distribution systems re-
quired to implement the provisions of—
‘‘(I) the contract entered into be-
tween the United States and the Gila 
River Indian Community, numbered 
6–07–03–W0345, and dated May 4, 
1998; 
‘‘(II) section 3707(a)(1) of the 
San Carlos Apache Tribe Water 
Rights Settlement Act of 1992 (106 
Stat. 4747); and 
‘‘(III) subsections (a) and (b) of 
section 304 of the Southern Arizona 
Water Rights Settlement Amendments 
Act of 2003; 
‘‘(ii) to pay any costs authorized by 
Congress to be paid (including any costs to 
construct distribution systems and exclud-
ing costs otherwise payable by non-Fed-
eral, non-Indian parties) under any Ari-
zona Indian water rights settlement Act 
enacted after May 9, 2000; and 
‘‘(iii) to pay other costs authorized 
under—
‘‘(I) the Gila River Indian Com-
munity Water Rights Settlement Act 
of 2003; or 
‘‘(II) 
the 
Southern 
Arizona 
Water Rights Settlement Amendments 
Act of 2003; 
‘‘(E) in addition to amounts made avail-
able for the purpose through annual appropria-
tions—
‘‘(i) to pay the costs associated with 
the construction of on-reservation Central 
Arizona Project distribution systems for 
the 
Yavapai 
Apache 
(Camp 
Verde), 
Tohono O’odham Nation (Sif Oidak Dis-
trict), Pascua Yaqui, and Tonto Apache 
tribes; and 
‘‘(ii) to make payments to those tribes 
in accordance with paragraph 8(d)(i)(1)(iv) 
of the Central Arizona Project repayment 
stipulation (as defined in section 2 of the 
Arizona Water Settlements Act), except
that if a water rights settlement Act of 
Congress authorizes such construction, the 
applicable tribes shall be treated, and pay-
ments shall be made, in accordance with 
subparagraph (D)(ii); and 
‘‘(F) if any amounts remain in the develop-
ment fund at the end of a fiscal year, to be car-
ried over to the following fiscal year for use for 
the purposes described in subparagraphs (A) 
through (E). 
‘‘(3) REVENUE FUNDS IN EXCESS OF REVENUE 
FUNDS
CREDITED
AGAINST
CENTRAL
ARIZONA 
WATER CONSERVATION DISTRICT PAYMENTS.—The 
funds and portion of revenues described in para-
graph (1) that are in excess of amounts credited 
under paragraph (1) shall be available, on an annual 
basis, without further appropriation, in order of pri-
ority—
‘‘(A) to pay fixed operation, maintenance 
and replacement charges associated with the de-
livery of Central Arizona Project water under 
long-term contracts held by Arizona Indian 
tribes (as defined in section 2 of the Arizona 
Water Settlements Act);
‘‘(B) to make the final outstanding annual 
payment for the costs of each unit of the 
projects authorized under title III that are to 
be repaid by the Central Arizona Water Con-
servation District; 
‘‘(C) to reimburse the general fund of the 
Treasury for fixed operation, maintenance, and 
replacement charges previously paid under 
paragraph (2)(A); 
‘‘(D) to reimburse the general fund of the 
Treasury for costs associated with any Indian 
water rights settlement previously paid under 
subparagraphs (B) through (E) of paragraph 
(2); 
‘‘(E) to pay to the general fund of the 
Treasury the annual installment on any debt 
relating to the Central Arizona Project under 
section 9(d) of the Act of August 4, 1939 (com-
monly known as the ‘‘Reclamation Project Act 
of 1939’’) (43 U.S.C. 485h(d)) made non-
reimbursable under section 106(b) of the Cen-
tral Arizona Project Settlement Act of 2003; 
‘‘(F) to pay to the general fund of the 
Treasury the difference between—
‘‘(I) the costs of each unit of the 
projects authorized under title III 
that are repayable by the Central Ari-
zona Water Conservation District; and 
‘‘(II) any costs allocated to re-
payable functions under any Central 
Arizona Project cost allocation under-
taken by the United States; and 
‘‘(G) for deposit in the general fund of the 
Treasury. 
‘‘(4) INVESTMENT OF AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest such portion of the devel-
opment fund as is not, in the judgment of the 
Secretary of the Interior, required to meet cur-
rent needs of the development fund. Invest-
ments may be made only in interest-bearing ob-
ligations of the United States. 
‘‘(B) ACQUISITION OF OBLIGATIONS.—For 
the purpose of investments under subparagraph 
(A), obligations may be acquired—
‘‘(i) on original issue at the issue 
price; or 
‘‘(ii) by purchase of outstanding obli-
gations at the market price.
‘‘(C) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the development fund may be 
sold by the Secretary of the Treasury at the 
market price. 
‘‘(D) CREDITS TO FUND.—The interest on, 
and the proceeds from the sale or redemption 
of, any obligations held in the development fund 
shall be credited to and form a part of the de-
velopment fund.’’. 
(b) LIMITATION.—Before the date on which the find-
ings of the Secretary under section 207(d) have been pub-
lished in the Federal Register, amounts made available 
under the amendments in subsection (a)—
(1) shall be identified and retained in the 
Lower Colorado River Basin Development Fund es-
tablished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543); and 
(2) shall not be expended or withdrawn from 
that fund until the date on which the findings de-
scribed in section 207(d) are published in the Fed-
eral Register. 
(c) TECHNICAL AMENDMENTS.—The Colorado River 
Basin Project Act (43 U.S.C. 1501 et seq.) is amended—
(1) in section 403(g), by striking ‘‘clause 
(c)(2)’’ and inserting ‘‘subsection (c)(2)’’;
(2) by striking ‘‘clause’’ each other place it ap-
pears and inserting ‘‘paragraph’’; and 
(3) by striking ‘‘clauses’’ each place it appears 
and inserting ‘‘paragraphs’’. 
SEC. 108. EFFECT. 
Except for provisions relating to the allocation of 
Central Arizona Project water and the Reclamation Re-
form Act of 1982 (43 U.S.C. 390aa et seq.), nothing in 
this title affects—
(1) any treaty, law, or agreement governing the 
use of water from the Colorado River; or 
(2) any existing rights to use Colorado River 
water. 
SEC. 109. REPEAL. 
Section 11(h) of the Salt River Pima-Maricopa In-
dian Community Water Rights Settlement Act of 1988 
(102 Stat. 2559) is repealed. 
SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to comply with—
(1) the 1994 biological opinion, including any 
funding transfers required by the opinion; 
(2) the 1996 biological opinion, including any 
funding transfers required by the opinion; and
(3) any final biological opinion resulting from 
the 1999 biological opinion, including any funding 
transfers required by the opinion. 
(b) CONSTRUCTION COSTS.—Amounts made avail-
able under subsection (a) shall be treated as Central Ari-
zona Project construction costs. 
(c) AGREEMENTS.—
(1) IN GENERAL.—Any amounts made available 
under subsection (a) may be used to carry out agree-
ments to permanently fund long-term reasonable and 
prudent alternatives in accepted biological opinions 
relating to the Central Arizona Project. 
(2) REQUIREMENTS.—To ensure that long-term 
environmental compliance may be met without fur-
ther appropriations, an agreement under paragraph 
(1) shall include a provision requiring that the con-
tractor manage the funds through interest-bearing 
investments. 
SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE 
UNDER TITLE II. 
(a) IN GENERAL.—Except as provided in subsection 
(b), if the Secretary does not publish a statement of find-
ings under section 207(d) by December 31, 2007—
(1) this title is repealed effective January 1, 
2008, and any action taken by the Secretary and
any contract entered under any provision of this title 
shall be void; and 
(2) any amounts appropriated under section 
110 that remain unexpended shall immediately re-
vert to the general fund of the Treasury. 
(b) EXCEPTION.—No subcontract amendment exe-
cuted by the Secretary under the notice of June 4, 2002 
(67 Fed. Reg. 38514) shall be considered to be a contract 
entered into by the Secretary for purposes of subsection 
(a)(1). 
TITLE II—GILA RIVER INDIAN 
COMMUNITY WATER RIGHTS 
SETTLEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Gila River Indian 
Community Water Rights Settlement Act of 2003’’. 
SEC. 202. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that—
(1) it is the policy of the United States, in 
keeping with the trust responsibility of the United 
States to Indian tribes—
(A) to promote Indian self-determination 
and economic self-sufficiency; and
(B) to settle, whenever possible, Indian 
water rights claims without lengthy and costly 
litigation; 
(2) meaningful Indian self-determination and 
economic self-sufficiency largely depend on the devel-
opment of viable Indian reservation economies; 
(3) the quantification of rights to water and de-
velopment of facilities needed to use tribal water 
supplies in an effective manner is essential to the de-
velopment of viable Indian reservation economies, 
particularly in arid western States; 
(4) continued uncertainty concerning the extent 
of the entitlement of the Gila River Indian Commu-
nity to water—
(A) has severely limited access by the 
Community to water and financial resources 
necessary to develop valuable agricultural land; 
and 
(B) has frustrated the efforts of the Com-
munity to achieve meaningful self-determination 
and self-sufficiency; 
(5) proceedings to determine and enforce the 
full extent and nature of, and injury to, the water 
rights of the Community are currently pending in 
the United States District Court for the District of
Arizona, and water rights claims are pending in the 
Superior Court of the State in and for Maricopa 
County as part of the Gila River adjudication pro-
ceedings; 
(6) because final resolution of pending litigation 
would take many years and entail great expense, 
continue economically and socially damaging limits 
to access to water by the Community, prolong uncer-
tainty concerning the availability of water supplies, 
and seriously impair long-term economic planning 
and development, the Community and the neighbors 
of the Community have sought to settle their dis-
putes concerning water and reduce the burdens of 
litigation; 
(7) after many years of negotiation, the United 
States, the Community, and the neighbors of the 
Community, many of whom are parties to the Gila 
River adjudication proceedings, have entered into a 
settlement agreement to—
(A) resolve permanently certain damage 
claims and all water rights claims between the 
United States and the Community and its 
neighbors; and
(B) recognize the right of the allottees to 
use water for irrigation purposes on the Res-
ervation; 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 
the allottees, it is appropriate that the United States 
participate in the implementation of the Gila River 
agreement and contribute funds to enable the Com-
munity and the allottees to use the water entitle-
ments recognized or provided for in the Gila River 
agreement or this title in developing a diverse and 
efficient economy. 
(b) PURPOSES.—The purposes of this title are—
(1) to authorize, ratify, and confirm the Gila 
River agreement; 
(2) to authorize and direct the Secretary to exe-
cute and perform all obligations of the Secretary 
under the Gila River agreement; and 
(3) to authorize the actions and appropriations 
necessary for the United States to meet obligations 
of the United States under the Gila River agreement 
and this title.
SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMU-
NITY WATER RIGHTS SETTLEMENT AGREE-
MENT. 
(a) IN GENERAL.—Except to the extent that the Gila 
River agreement conflicts with a provision of this title, the 
Gila River agreement is authorized, ratified, and con-
firmed. 
(b) EXECUTION
OF AGREEMENT.—The Secretary 
shall execute the Gila River agreement, including all exhib-
its to the Gila River agreement requiring the signature 
of the Secretary and any amendments necessary to make 
the Gila River agreement consistent with this title, after 
the Community has executed the Gila River agreement 
and any such amendments. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.—
(1) NO MAJOR FEDERAL ACTION.—Execution of 
the Gila River agreement by the Secretary under 
this section shall not constitute a major Federal ac-
tion under the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.). 
(2) 
ENVIRONMENTAL
COMPLIANCE
ACTIVI-
TIES.—The Secretary shall promptly carry out the 
environmental compliance activities necessary to im-
plement the Gila River agreement, including activi-
ties under the National Environmental Policy Act
and the Endangered Species Act (16 U.S.C. 1531 et 
seq.). 
(3) LEAD AGENCY.—The Bureau of Reclama-
tion shall be designated as the lead agency with re-
spect to environmental compliance. 
(d) REHABILITATION
AND OPERATION, MAINTE-
NANCE, 
AND
REPLACEMENT
OF
CERTAIN
WATER 
WORKS.—
(1) IN GENERAL.—In accordance with this title 
and exhibit 20.1 to the Gila River agreement, and 
as provided in this subsection, the Secretary shall 
provide for the rehabilitation and operation, mainte-
nance, and replacement of the San Carlos Irrigation 
Project water diversion and delivery works. 
(2) JOINT CONTROL BOARD AGREEMENT.—The 
Secretary shall execute the joint control board agree-
ment described in exhibit 20.1 to the Gila River 
agreement. 
(3) REHABILITATION
COSTS
ALLOCABLE
TO 
THE COMMUNITY.—The rehabilitation costs allocable 
to the Community under exhibit 20.1 to the Gila 
River agreement shall be paid from the funds avail-
able under paragraph (2)(C) of section 403(f) of the 
Colorado River Basin Project Act (43 U.S.C. 
1543(f)) (as amended by section 107(a)).
(4) REHABILITATION
COSTS
NOT
ALLOCABLE 
TO THE COMMUNITY.—
(A) IN GENERAL.—The rehabilitation costs 
not allocable to the Community under exhibit 
20.1 to the Gila River agreement shall be pro-
vided from—
(i) funds available under paragraph 
(2)(D)(iii)(I) of section 403(f) of the Colo-
rado River Basin Project Act (43 U.S.C. 
1543(f)) (as amended by section 107(a)); 
or 
(ii) funds made available under sec-
tion 213(a). 
(B) SUPPLEMENTARY
REPAYMENT
CON-
TRACT.—The Secretary shall execute a supple-
mentary repayment contract with the San Car-
los Irrigation and Drainage District in the form 
provided for in exhibit 20.1 to the Gila River 
agreement which shall, among other things, 
provide that—
(i) in accomplishing the work under 
the supplemental repayment contract, the 
San Carlos Irrigation and Drainage Dis-
trict may use the labor and contracting au-
thorities that are available under State 
law; and 
(ii) a portion of the San Carlos Irriga-
tion and Drainage District’s share of the 
rehabilitation costs specified in exhibit 
20.1 to the Gila River agreement shall be 
nonreimbursable. 
(5) LEAD AGENCY.—The Bureau of Reclama-
tion shall be designated as the lead agency for over-
sight of the construction and rehabilitation of the 
San Carlos Irrigation Project authorized by this sec-
tion. 
(6) OPERATION AND MAINTENANCE RESPONSI-
BILITY.—
(A) IN GENERAL.—The Secretary shall re-
tain the operation and maintenance responsi-
bility for the CRR Project works until such 
time as the Community assumes that responsi-
bility pursuant to applicable law. 
(B) 
FINANCIAL
RESPONSIBILITY.—The 
Secretary shall retain sole financial responsi-
bility for the payment, on behalf of the Commu-
nity, of the portion of the operation and main-
tenance costs that are attributable to the Com-
munity for the operation and maintenance of 
the San Carlos Irrigation Project. 
SEC. 204. WATER RIGHTS. 
(a) RIGHTS HELD IN TRUST.—
(1) IN GENERAL.—Subject to paragraph (2), 
the water rights of the Community described in the 
Gila River agreement shall be held in trust by the 
United States on behalf of the Community. 
(2) ALLOTTEES.—As specified in and provided 
for under this Act, allottees shall be entitled to an 
allocation of water for irrigation purposes from the 
water resources described in subparagraph 4.1.1 of 
the Gila River agreement. 
(3) NO AUTHORIZATION.—Nothing in this Act 
authorizes any action, claim, or lawsuit by an allot-
tee against any person, entity, corporation, or mu-
nicipal corporation, or a tribal government or the 
United States, under Federal, State, or other law. 
(b) REALLOCATION.—In accordance with this title 
and the Gila River agreement, the Secretary shall reallo-
cate to the Community and contract for the delivery of—
(1) an annual entitlement to 18,600 acre-feet of 
CAP agricultural priority water in accordance with 
the agreement among the Secretary, the Community,
and Roosevelt Water Conservation District dated 
August 7, 1992; 
(2) an annual entitlement to 18,100 acre-feet of 
CAP Indian priority water, which was permanently 
relinquished by Harquahala Valley Irrigation Dis-
trict in accordance with Contract No. 3–07–W0290 
among the Central Arizona Water Conservation Dis-
trict, the Harquahala Valley Irrigation District, and 
the United States, and converted to CAP Indian pri-
ority water under the Fort McDowell Indian Com-
munity Water Rights Settlement Act of 1990 (104 
Stat. 4480); 
(3) on execution of an exchange and lease 
agreement among the Community, the United 
States, and Asarco, an annual entitlement to 17,000 
acre-feet of CAP municipal and industrial priority 
water under the subcontract among the United 
States, the Central Arizona Water Conservation Dis-
trict, and Asarco, Subcontract No. 3–07–30–W0307, 
dated November 7, 1993; and 
(4) as provided in section 104(a)(1)(A)(i), an 
annual entitlement to 102,000 acre-feet of CAP ag-
ricultural priority water acquired pursuant to the 
master agreement.
(c) WATER SERVICE CAPITAL CHARGES.—The Com-
munity shall not be responsible for water service capital 
charges for CAP water. 
(d) ALLOCATION AND REPAYMENT.—For the pur-
pose of determining the allocation and repayment of costs 
of any stages of the Central Arizona Project constructed 
after the date of enactment of this Act, the costs associ-
ated with the delivery of Community CAP water, whether 
that water is delivered for use by the Community or in 
accordance with any assignment, exchange, lease, option 
to lease, or other agreement for the temporary disposition 
of water entered into by the Community—
(1) shall be nonreimbursable; and 
(2) shall be excluded from the repayment obli-
gation of the Central Arizona Water Conservation 
District. 
(e) APPLICATION OF PROVISIONS.—
(1) IN GENERAL.—The water rights recognized 
and confirmed to the Community by the Gila River 
agreement and this title shall be subject to section 
7 of the Act of February 8, 1887 (25 U.S.C. 381). 
(2) WATER CODE.—Not later than 3 years after 
the enforceability date, the Community shall enact a 
water code, subject to any applicable provision of 
law, that—
(A) manages, regulates, and controls the 
water resources on the Reservation; 
(B) governs all of the water rights that are 
held in trust by the United States for the ben-
efit of the Community; and 
(C) includes, subject to approval of the 
Secretary—
(i) a process by which any allottee, or 
any successor in interest to an allottee, 
may request and be provided with an allo-
cation of water for irrigation use on allot-
ted land of the allottee; and 
(ii) a due process system for the con-
sideration and determination of any re-
quest by any allottee, or any successor in 
interest to an allottee, for an allocation of 
water, including a process for appeal and 
adjudication of denied or disputed distribu-
tions of water and for resolution of con-
tested administrative decisions. 
(3) ADMINISTRATION.—The Secretary shall ad-
minister all rights to water granted or confirmed to 
the Community by the Gila River agreement until 
such date as the water code described in paragraph 
(2) has been enacted and approved by the Secretary.
SEC. 
205. 
COMMUNITY 
WATER 
DELIVERY 
CONTRACT 
AMENDMENTS. 
(a) IN GENERAL.—The Secretary shall amend the 
Community water delivery contract to provide, among 
other things, in accordance with the Gila River agreement, 
that—
(1) the contract shall be—
(A) for permanent service (within the 
meaning of section 5 of the Boulder Canyon 
Project Act (43 U.S.C. 617d)); and 
(B) without limit as to term; 
(2) the Community may, with the approval of 
the Secretary—
(A) enter into contracts or options to lease 
(for a term not to exceed 100 years) or con-
tracts or options to exchange, Community CAP 
water within Maricopa, Pinal, Pima, La Paz, 
Yavapai, Gila, Graham, Greenlee, Santa Cruz, 
or Coconino Counties, Arizona, providing for 
the temporary delivery to others of any portion 
of the Community CAP water; and 
(B) renegotiate any lease at any time dur-
ing the term of the lease, so long as the term 
of the renegotiated lease does not exceed 100 
years;
(3)(A) the Community, and not the United 
States, shall be entitled to all consideration due to 
the Community under any leases or options to lease 
and exchanges or options to exchange Community 
CAP water entered into by the Community; and 
(B) the United States shall have no trust obli-
gation or other obligation to monitor, administer, or 
account for any consideration received by the Com-
munity under any such leases or options to lease and 
exchanges or options to exchange; 
(4)(A) all Community CAP water shall be deliv-
ered through the CAP system; and 
(B) if the delivery capacity of the CAP system 
is significantly reduced or is anticipated to be sig-
nificantly reduced for an extended period of time, 
the Community shall have the same CAP delivery 
rights as other CAP contractors and CAP sub-
contractors, if such CAP contractors or CAP sub-
contractors are allowed to take delivery of water 
other than through the CAP system; 
(5) the Community may use Community CAP 
water on or off the Reservation for Community pur-
poses; 
(6) as authorized by subparagraph (A) of sec-
tion 403(f)(2) of the Colorado River Basin Project
Act (43 U.S.C. 1543(f)(2)) (as amended by section 
107(a)) and to the extent that funds are available in 
the Lower Colorado River Basin Development Fund 
established by section 403 of that Act (43 U.S.C. 
1543), the United States shall pay to the CAP oper-
ating agency the fixed OM&R charges associated 
with the delivery of Community CAP water, except 
for Community CAP water leased by others; 
(7) the costs associated with the construction of 
the CAP system—
(A) shall be nonreimbursable; and 
(B) shall be excluded from any repayment 
obligation of the Community; and 
(8) no CAP water service capital charges shall 
be due or payable for Community CAP water, 
whether CAP water is delivered for use by the Com-
munity or is delivered under any leases, options to 
lease, exchanges or options to exchange Community 
CAP water entered into by the Community. 
(b) AMENDED AND RESTATED COMMUNITY WATER 
DELIVERY CONTRACT.—Notwithstanding any other provi-
sion of law, the Amended and Restated Community CAP 
water Delivery Contract set forth in exhibit 8.2 to the Gila 
River agreement is authorized, ratified, and confirmed, 
and the Secretary shall execute the contract.
(c) LEASES.—The leases of Community CAP water 
by the Community to Phelps Dodge, and any of the Cities, 
attached as exhibits to the Gila River agreement, are au-
thorized, ratified, and confirmed, and the Secretary shall 
execute the leases. 
(d) RECLAIMED WATER EXCHANGE AGREEMENT.—
The Reclaimed Water Exchange Agreement among the 
cities of Chandler and Mesa, Arizona, the Community, and 
the United States, attached as exhibit 18.1 to the Gila 
River agreement, is authorized, ratified, and confirmed, 
and the Secretary shall execute the agreement. 
(e) PAYMENT OF CHARGES.—Neither the Community 
nor any recipient of Community CAP water through lease 
or exchange shall be obligated to pay water service capital 
charges or any other charges, payments, or fees for the 
CAP water, except as provided in the lease or exchange 
agreement. 
(f) PROHIBITIONS.—
(1) USE OUTSIDE THE STATE.—None of the 
Community CAP water shall be leased, exchanged, 
forborne, or otherwise transferred in any way by the 
Community for use directly or indirectly outside the 
State. 
(2) USE OFF RESERVATION.—Except as author-
ized by this section and subparagraph 4.7 of the
Gila River agreement, no water made available to 
the Community under the Gila River agreement, the 
Globe Equity Decree, the Haggard Decree, or this 
title may be sold, leased, transferred, or used off the 
Reservation other than by exchange. 
(3) AGREEMENTS WITH THE ARIZONA WATER 
BANKING AUTHORITY.—Nothing in this Act or the 
Gila River agreement limits the right of the Commu-
nity to enter into any agreement with the Arizona 
Water Banking Authority, or any successor agency 
or entity, in accordance with State law. 
SEC. 206. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits realized by the Com-
munity, Community members, and allottees under this 
title shall be in complete replacement of and substitution 
for, and full satisfaction of, all claims of the Community, 
Community members, and allottees for water rights, in-
jury to water rights, injury to water quality and subsid-
ence damage, except as set forth in the Gila River agree-
ment, under Federal, State, or other law with respect to 
the Reservation, off-Reservation trust land, and fee land. 
(b) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a) and except as provided in sub-
section 204(e), nothing in this title has the effect of recog-
nizing or establishing any right of a Community member 
or allottee to water on the Reservation. 
SEC. 207. WAIVER AND RELEASE OF CLAIMS. 
(a) IN GENERAL.—
(1) CLAIMS AGAINST THE STATE AND OTHERS 
ACTING UNDER FEDERAL, STATE, OR OTHER LAW.—
(A) BY THE COMMUNITY.—Except as pro-
vided in the Gila River agreement, the Commu-
nity, on behalf of the Community and Commu-
nity members (but not members in their capac-
ities as allottees), and the Secretary, on behalf 
of the Community and Community members 
(but not members in their capacities as 
allottees), as part of the performance of obliga-
tions under the Gila River agreement, are au-
thorized to execute a waiver and release of any 
claims against the State (or any agency or po-
litical subdivision of the State) or any other 
person, entity, corporation, or municipal cor-
poration under Federal, State, or other law 
for—
(i)(I) past, present, and future claims 
for water rights for land within the Res-
ervation, off-Reservation trust land, and
fee land arising from time immemorial 
and, thereafter, forever; and 
(II) past, present, and future claims 
for water rights based on aboriginal occu-
pancy of land by the Community and Com-
munity members, or their predecessors 
arising from time immemorial and, there-
after, forever; 
(ii)(I) past and present injury to 
water rights for land within the Reserva-
tion, off-Reservation trust land, and fee 
land 
arising 
from 
time 
immemorial 
through the enforceability date; 
(II) past, present, and future injury 
to water rights based on aboriginal occu-
pancy of land by the Community and Com-
munity members, or their predecessors 
arising from time immemorial and, there-
after, forever; and 
(III) injury to water rights arising 
after the enforceability date for land within 
the Reservation, off-Reservation trust land, 
and fee land resulting from the off-Res-
ervation diversion or use of water in a
manner not in violation of the Gila River 
agreement or State law; 
(iii)(I) past and present injury to 
water quality (other than claims arising 
out of the actions that resulted in the re-
mediations described in exhibit 25.2.1.6 to 
the Gila River agreement), including 
claims for trespass, nuisance, and real 
property damage and claims under all cur-
rent and future Federal, State, and other 
environmental laws and regulations (in-
cluding claims under the Comprehensive 
Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and Ariz. Rev. Stat. 49–282), for 
land within the exterior boundaries of the 
Reservation, off-Reservation trust land, 
and fee land arising from time immemorial 
through December 31, 2002; 
(II) past, present, and future injury 
to water quality (other than claims arising 
out of actions that resulted in the remedi-
ations described in exhibit 25.2.1.6 to the 
Gila River agreement), including claims for 
trespass, nuisance, and real property dam-
age and claims under all current and fu-
ture Federal, State, and other environ-
mental laws and regulations (including 
claims under the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et 
seq.) and Ariz. Rev. Stat. 49–282), that 
are based on aboriginal occupancy of land 
by the Community and Community mem-
bers, or their predecessors, arising from 
time immemorial and, thereafter, forever; 
(III) injury to water quality (other 
than claims arising out of actions that re-
sulted in the remediations described in ex-
hibit 25.2.1.6 to the Gila River agreement) 
arising after December 31, 2002, including 
claims for trespass, nuisance, and real 
property damage and claims under all cur-
rent and future Federal, State, and other 
environmental laws and regulations (in-
cluding claims under the Comprehensive 
Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and Ariz. Rev. Stat. 49–282), that 
result from—
(aa) the delivery of water to the 
Community under the Gila River 
agreement; 
(bb) the off-Reservation diversion 
(other than pumping), or ownership 
or operation of structures for the off-
Reservation 
diversion 
(other 
than 
pumping), of water; 
(cc) the off-Reservation pumping, 
or ownership or operation of struc-
tures for the off-Reservation pumping, 
of water in a manner not in violation 
of the Gila River agreement or of any 
applicable pumping limitations under 
State law; 
(dd) the recharge, or ownership 
or operation of structures for the re-
charge, of water under a State permit; 
and 
(ee) the off-Reservation applica-
tion of water to land for irrigation; 
except that the waiver provided in this sub-
clause shall extend only to the State (or 
any agency or political subdivision of the 
State) or any other person, entity, or mu-
nicipal or other corporation to the extent 
that the person, entity, or corporation is 
engaged in an activity specified in this sub-
clause; 
(iv) past, present, and future claims 
arising out of or relating in any manner to 
the negotiation or execution of the Gila 
River agreement or the negotiation or en-
actment of titles I and II; and 
(v)(I) past and present claims for sub-
sidence damage occurring to land within 
the Reservation, off-Reservation trust land, 
or fee land arising from time immemorial 
through the enforceability date; and 
(II) subsidence damage arising after 
the enforceability date occurring to land 
within the Reservation, off-Reservation 
trust land, or fee land resulting from the 
diversion of underground water in a man-
ner not in violation of the Gila River 
agreement or State law. 
(B) BY THE UNITED STATES.—Except as 
provided in the Gila River agreement, the 
United States, as trustee for the allottees, as 
part of the performance of obligations under
the Gila River agreement, are authorized to 
execute a waiver and release of any claims 
against the State (or any agency or political 
subdivision of the State) or any other person, 
entity, corporation, or municipal corporation 
under Federal, State, or other law, for—
(i)(I) past, present, and future claims 
for water rights for land within the Res-
ervation arising from time immemorial 
and, thereafter, forever; and 
(II) past, present, and future claims 
for water rights based on aboriginal occu-
pancy of land by allottees, or their prede-
cessors arising from time immemorial and, 
thereafter, forever; 
(ii)(I) past and present injury to 
water rights for land within the Reserva-
tion arising from time immemorial through 
the enforceability date; 
(II) past, present, and future injury 
to water rights that are based on aborigi-
nal occupancy of land by allottees or their 
predecessors arising from time immemorial 
and, thereafter, forever; and
(III) injury to water rights arising 
after the enforceability date for land within 
the Reservation, off-Reservation trust land, 
and fee land resulting from the off-Res-
ervation diversion or use of water in a 
manner not in violation of the Gila River 
agreement or State law; 
(iii)(I) past and present injury to 
water quality (other than claims arising 
out of actions that resulted in the remedi-
ations described in exhibit 25.2.1.6 to the 
Gila River agreement), including claims for 
trespass, nuisance, and real property dam-
age and claims under all current and fu-
ture Federal, State, and other environ-
mental laws and regulations (including 
claims under the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et 
seq.) and Ariz. Rev. Stat. 49–282), with 
respect to land within the Reservation, 
arising from time immemorial through De-
cember 31, 2002; 
(II) past, present, and future injury 
to water quality (other than claims arising
and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and Ariz. Rev. Stat. 49–282), that 
result from—
(aa) the delivery of water to the 
Community or the Allottees under the 
Gila River agreement; 
(bb) the off-Reservation diversion 
(other than pumping), or ownership 
or operation of structures for the off-
Reservation 
diversion 
(other 
than 
pumping), of water; 
(cc) the off-Reservation pumping, 
or ownership or operation of struc-
tures for the off-Reservation pumping, 
of water in a manner not in violation 
of the Gila River agreement or any 
applicable pumping limitations under 
State law; 
(dd) the recharge, or ownership 
or operation of structures for the re-
charge, of water under a State permit; 
and 
(ee) the off-Reservation applica-
tion of water to land for irrigation;
except that the waiver provided in this sub-
clause shall extend only to the State (or 
any agency or political subdivision of the 
State) or any other person, entity, or mu-
nicipal or other corporation to the extent 
that the person, entity, or corporation is 
engaged in an activity specified in this sub-
clause; 
(iv) past, present, and future claims 
arising out of or relating in any manner to 
the negotiation or execution of the Gila 
River agreement or the negotiation or en-
actment of titles I and II; and 
(v) past and present subsidence dam-
age occurring to land within the Reserva-
tion from time immemorial through the en-
forceability date. 
(2) CLAIMS FOR SUBSIDENCE.—In accordance 
with the subsidence remediation program under sec-
tion 209, the Community, a Community member, or 
an allottee, and the United States, on behalf of the 
Community, a Community member, or an allottee, 
as part of the performance of obligations under the 
Gila River agreement, are authorized to execute a 
waiver and release of all claims against the State (or
any agency or political subdivision of the State) or 
any other person, entity, corporation or municipal 
corporation under Federal, State, or other law for 
the damage claimed. 
(3) 
CLAIMS
AGAINST
THE
SALT
RIVER 
PROJECT.—Except as provided in the Gila River 
agreement, the Community, on behalf of the Com-
munity and Community members (but not members 
in their capacities as allottees), and the United 
States, as trustee for the Community, Community 
members, and allottees, as part of the performance 
of obligations under the Gila River agreement, are 
authorized to execute a waiver and release of any 
claim against the Salt River Project (or its succes-
sors or assigns or its officers, governors, directors, 
employees, agents, or shareholders) arising from the 
discharge, transportation, seepage, or other move-
ment of water in, through, or from drains, canals, 
or other facilities or land in the Salt River Reservoir 
District to land in the Reservation for—
(A) past and present injury to water 
rights, injury to water quality, or injury to real 
property arising from time immemorial through 
December 31, 2002; and
(B) injury to water rights, injury to water 
quality, or injury to real property arising after 
December 31, 2002, and through the enforce-
ability date, if the Salt River Project (or its 
successors or assigns) acts in accordance with 
the annual reservoir operations plan of the Salt 
River Project through the enforceability date. 
(4) CLAIMS AGAINST THE UNITED STATES.—
Except as provided in the Gila River agreement, the 
Community, on behalf of the Community and Com-
munity members (but not members in their capac-
ities as allottees), as part of the performance of obli-
gations under the Gila River agreement, is author-
ized to execute a waiver and release of any claim 
against the United States (or agencies, officials, or 
employees of the United States) under Federal, 
State, or other law for—
(A)(i) past, present, and future claims for 
water rights for land within the Reservation, 
off-Reservation trust land, and fee land arising 
from time immemorial and, thereafter, forever; 
and 
(ii) past, present, and future claims for 
water rights based on aboriginal occupancy of 
land by the Community and Community mem-
bers, or their predecessors arising from time 
immemorial and, thereafter, forever; 
(B)(i) past and present injury to water 
rights for land within the Reservation, off-Res-
ervation trust land, and fee land arising from 
time immemorial through the enforceability 
date; 
(ii) past, present, and future injury to 
water rights based on aboriginal occupancy of 
land by the Community and Community mem-
bers, or their predecessors arising from time 
immemorial and, thereafter, forever; and 
(iii) injury to water rights arising after the 
enforceability date for land within the Reserva-
tion, off-Reservation trust land, or fee land re-
sulting from the off-Reservation diversion or 
use of water in a manner not in violation of the 
Gila River agreement or applicable law; 
(C) past, present, and future claims aris-
ing out of or relating in any manner to the ne-
gotiation or execution of the Gila River agree-
ment or the negotiation or enactment of titles 
I and II; 
(D)(i) past and present subsidence damage 
occurring to land within the Reservation, off-
Reservation trust land, or fee land arising from 
time immemorial through the enforceability 
date; and 
(ii) subsidence damage arising after the 
enforceability date occurring to land within the 
Reservation, off-Reservation trust land or fee 
land resulting from the diversion of under-
ground water in a manner not in violation of 
the Gila River agreement or applicable law; and 
(E) past and present claims for failure to 
protect, acquire, or develop water rights for or 
on behalf of the Community and Community 
members arising before December 31, 2002. 
(5) CLAIMS AGAINST THE COMMUNITY.—Except 
as provided in the Gila River agreement, the United 
States, in all its capacities (except as trustee for an 
Indian tribe other than the Community), as part of 
the performance of obligations under the Gila River 
agreement, is authorized to execute a waiver and re-
lease of any and all claims against the Community, 
or any agency, official, or employee of the Commu-
nity, under Federal, State, or any other law for—
(A)(i) past, present, and future claims for 
water rights; and
(ii) past and present injury to water rights 
arising from time immemorial through the en-
forceability date; 
(B) injury to water rights arising after the 
enforceability date resulting from the diversion 
or use of water in a manner not in violation of 
the Gila River agreement or applicable law; 
(C) past, present, and future claims aris-
ing out of or relating in any manner to the ne-
gotiation or execution of the Gila River agree-
ment, or the negotiation or enactment of titles 
I and II; 
(D) past and present injury to water qual-
ity, including claims described in paragraph 
(1)(A)(iii)(I), arising from time immemorial 
through December 31, 2002; and 
(E) past and present subsidence damage 
arising from time immemorial through the en-
forceability date. 
(6) CLAIMS
AGAINST
CERTAIN
PERSONS
AND 
ENTITIES IN THE UPPER GILA VALLEY.—
(A) BY THE COMMUNITY AND THE UNITED 
STATES.—Except as provided in the UVD 
agreement, the Community, on behalf of the 
Community and Community members (but not
members in their capacities as allottees), and 
the United States on behalf of the Community 
and Community members (but not members in 
their capacities as allottees) and, to the extent 
of the interest of the United States as owner of 
water rights for land described in articles V and 
VI of the Globe Equity Decree (excluding land 
described in article VI(2)), are authorized, as 
part of the performance of obligations under 
the UVD agreement, to execute a waiver and 
release of any claims against the UVD settling 
parties and all other persons or entities divert-
ing or using water in a manner that is not in 
violation of or contrary to the terms, conditions, 
requirements, limitations, or other provisions of 
the UVD agreement, for—
(i)(I) past, present, and future claims 
for water rights within the Reservation and 
the San Carlos Irrigation Project and, to 
the extent of the interest of the United 
States, land described in articles V and VI 
of the Globe Equity Decree (excluding land 
described in article VI(2)), arising from 
time immemorial and, thereafter, forever; 
and
(II) past, present, and future claims 
for water rights based on aboriginal occu-
pancy of land by the Community, Commu-
nity members, or predecessors of Commu-
nity members, arising from time immemo-
rial and, thereafter, forever; 
(ii)(I) past and present injury to 
water rights for land within the Reserva-
tion and the San Carlos Irrigation Project, 
and, to the extent of the interest of the 
United States, land described in articles V 
and VI of the Globe Equity Decree (ex-
cluding land described in article VI(2)), 
arising from time immemorial and, there-
after, forever; 
(II) past, present, and future injury 
to water rights based on aboriginal occu-
pancy of land by the Community, Commu-
nity members, or predecessors of Commu-
nity members, arising from time immemo-
rial and, thereafter, forever; and 
(III) injury to water rights for land 
within the Reservation and the San Carlos 
Irrigation Project, and, to the extent of the 
interest of the United States, land de-
scribed in articles V and VI of the Globe 
Equity Decree (excluding land described in 
article VI(2)), resulting from the diversion, 
pumping, or use of water in a manner not 
in violation of or contrary to the terms, 
conditions, limitations, requirements, or 
provisions of the UVD agreement; 
(iii)(I) past, present, and future 
claims arising out of or relating to the use 
of water rights appurtenant to NM 381 
acres, on the conditions that such water 
rights remain subject to the oversight and 
reporting requirements set forth in the de-
cree in Arizona v. California, 376 U.S. 340 
(1964), and that the State of New Mexico 
shall make available on request a copy of 
any records prepared pursuant to that de-
cree; and 
(II) past, present, and future claims 
arising out of and relating to the use of 
water rights for NM domestic purposes, on 
the conditions that such water rights re-
main subject to the oversight and reporting 
requirements set forth in the decree in Ari-
zona v. California, 376 U.S. 340 (1964),
and that the State of New Mexico shall 
make available on request a copy of any 
records prepared pursuant to that decree; 
and 
(iv) past, present, and future claims 
arising out of or relating to the negotiation 
or execution of the UVD agreement, or the 
negotiation or enactment of this Act. 
(B) BY THE UNITED STATES ON BEHALF 
OF
ALLOTTEES.—Except as provided in the 
UVD agreement, the United States as trustee 
for the allottees, as part of the performance 
under the UVD agreement, is authorized to 
execute a waiver and release against the UV 
settling parties and all other persons or entities 
diverting or using water in a manner that is not 
in violation of or contrary to the terms, condi-
tions, requirements, limitations, or other provi-
sions of the UVD agreement, for—
(i)(I) past, present, and future claims 
for water rights lands within the Reserva-
tion arising from time immemorial, and 
thereafter, forever; and 
(II) past, present, and future claims 
for water rights based on aboriginal occu-
pancy of lands by allottees or their prede-
cessors arising from time immemorial, and 
thereafter, forever; 
(ii)(I) past and present injury to 
water rights for lands within the Reserva-
tion arising from time immemorial, and 
thereafter, forever; 
(II) past, present, and future injury 
to water rights based on aboriginal occu-
pancy of lands by allottees or their prede-
cessors arising from time immemorial, and 
thereafter, forever; and 
(III) injury to water rights for land 
within the Reservation resulting from the 
diversion, pumping, or use of water in a 
manner not in violation of or contrary to 
the terms, conditions, limitations, require-
ments, or provisions of the UVD agree-
ment; 
(iii)(I) past, present, and future 
claims arising out of or relating to the use 
of water rights appurtenant to NM 381 
acres, on the conditions that such water 
rights remain subject to the oversight and 
reporting requirements set forth in the de-
cree in Arizona v. California, 376 U.S. 340 
(1964), and that the State of New Mexico 
shall make available on request a copy of 
any records prepared pursuant to that de-
cree; and 
(II) past, present, and future claims 
arising out of or relating to the use of 
water rights for NM domestic purposes, on 
the conditions that such water rights re-
main subject to the oversight and reporting 
requirements set forth in the decree in Ari-
zona v. California, 376 U.S. 340 (1964), 
and that the State of New Mexico shall 
make available on request a copy of any 
records prepared pursuant to that decree; 
and 
(iv) past, present, and future claims 
arising out of or relating to the negotiation 
or execution of the UVD agreement, or the 
negotiation or enactment of titles I and II. 
(b) EFFECTIVENESS OF WAIVER AND RELEASES.—
(1) IN
GENERAL.—The waivers under para-
graphs (1) and (3) through (6) of subsection (a) 
shall become effective on the enforceability date.
(2) CLAIMS
FOR
SUBSIDENCE.—The waiver 
under subsection (a)(2) shall become effective on 
execution of the waiver by—
(A) the Community, a Community mem-
ber, or an allottee; and 
(B) the United States, on behalf of the 
Community, a Community member, or an allot-
tee. 
(c) LIMITATION
ON
CLAIMS
BY
THE
UNITED 
STATES.—The United States shall not assert any claim 
against the State (or any agency or political subdivision 
of the State) or any other person, entity, or municipal or 
other corporation under Federal, State, or other law in 
the own right of the United States or on behalf of the 
Community, Community members, and allottees for any 
of the claims described in subsection (a). 
(d) ENFORCEABILITY DATE.—
(1) IN GENERAL.—This section takes effect on 
the date on which the Secretary publishes in the 
Federal Register a statement of findings that—
(A) to the extent the Gila River agreement 
conflicts with this title, the Gila River agree-
ment has been revised through an amendment 
to eliminate the conflict and the Gila River
agreement, so revised, has been executed by the 
Secretary and the Governor of the State; 
(B) the Secretary has fulfilled the require-
ments of—
(i) paragraphs (1)(A)(i) and (2) of 
subsection (a) and subsections (b) and (d) 
of section 104; and 
(ii) sections 204, 205, and 209(a); 
(C) the master agreement authorized, rati-
fied, and confirmed by section 106(a) has been 
executed by the parties to the master agree-
ment, and all conditions to the enforceability of 
the master agreement have been satisfied; 
(D) $53,000,000 has been identified and 
retained in the Lower Colorado River Basin De-
velopment Fund for the benefit of the Commu-
nity in accordance with section 107(b); 
(E) the State has appropriated and paid to 
the Community any amount to be paid under 
paragraph 27.4 of the Gila River agreement; 
(F) the Salt River Project has paid to the 
Community $500,000 under subparagraph 16.9 
of the Gila River agreement; 
(G) the judgments and decrees attached to 
the Gila River agreement as exhibits 25.11A
(Gila River adjudication proceedings) and 
25.11B (Globe Equity Decree proceedings) have 
been approved by the respective courts; 
(H) the dismissals attached to the Gila 
River 
agreement 
as 
exhibits 
25.17.1A–C, 
25.17.2A–B, and 25.17.3A–B have been filed 
with the respective courts and any necessary 
dismissal orders entered; 
(I) legislation has been enacted by the 
State to—
(i) implement the Southside Replen-
ishment Program in accordance with sub-
paragraph 5.3 of the Gila River agreement; 
(ii) authorize the firming program re-
quired by section 105; and 
(iii) establish the Upper Gila River 
Watershed Maintenance Program in ac-
cordance with subparagraph 26.8.1 of the 
Gila River agreement; 
(J) the State has entered into an agree-
ment with the Secretary to carry out the obliga-
tion of the State under section 105(b)(2)(A); 
and 
(K) a final judgment has been entered in 
Central Arizona Water Conservation District v.
United 
States 
(No. 
CIV 
95–625–TUC–
WDB(EHC), No. CIV 95–1720–PHX–EHC) 
(Consolidated Action) in accordance with the 
repayment stipulation. 
(2) FAILURE
OF
ENFORCEABILITY
DATE
TO 
OCCUR.—If, because of the failure of the enforce-
ability date to occur by December 31, 2007, this sec-
tion does not become effective, the Community, 
Community members, and allottees, and the United 
States on behalf of the San Carlos Irrigation and 
Drainage District, the Community, Community 
members, and allottees, shall retain the right to as-
sert past, present, and future water rights claims, 
claims for injury to water rights, claims for injury 
to water quality, and claims for subsidence damage 
as to all land within the exterior boundaries of the 
Reservation, off-Reservation trust land, and fee 
land. 
SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R 
TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘‘Gila River Indian Community Water OM&R Trust 
Fund’’.
(b) DEPOSITS.—Of the amounts made available 
under paragraph (2)(B) of section 403(f) of the Colorado 
River Basin Project Act (43 U.S.C. 1543(f)), the Sec-
retary shall deposit $53,000,000 into the Water OM&R 
Fund. 
(c) MANAGEMENT.—Except as provided in subsection 
(f)(2)(A), the principal of the Water OM&R Fund, and 
any interest or income accruing on the principal, shall be 
managed in accordance with the American Indian Trust 
Fund Management Reform Act of 1994 (25 U.S.C. 4001 
et seq.). 
(d) USE.—The principal of the Water OM&R Fund, 
and any interest or income accruing on the principal, shall 
be used by the Community as provided in the Gila River 
agreement to assist in paying the costs of operation, main-
tenance, and replacement costs associated with the deliv-
ery of CAP water for Community purposes. 
(e) WITHDRAWALS.—As provided in the American 
Indian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Community may—
(1) withdraw amounts from the Water OM&R 
Fund; and 
(2) deposit the amounts in a private financial 
institution selected by agreement of the Community 
and the Secretary.
(f) LIMITATIONS.—
(1) NO DISTRIBUTION TO MEMBERS.—No part 
of the principal of the Water OM&R Fund, or the 
interest or income accruing on the principal, shall be 
distributed to any Community member on a per cap-
ita basis. 
(2) FUNDS NOT AVAILABLE UNTIL ENFORCE-
ABILITY DATE.—
(A) IN GENERAL.—Amounts in the Water 
OM&R Fund shall not be available for expendi-
ture or withdrawal by the Community until the 
enforceability date. 
(B) ASSETS.—On and after the enforce-
ability date, the assets of the Water OM&R 
Fund shall be the property of the Community. 
SEC. 209. SUBSIDENCE REMEDIATION PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
program under which the Bureau of Reclamation shall re-
pair and remediate subsidence damage and related dam-
age that occurs after the enforceability date. 
(b) DAMAGE.—Under the program, the Community, 
a Community member, or an allottee may submit to the 
Secretary a request for the repair or remediation of—
(1) subsidence damage; and
(2) damage to personal property caused by the 
settling of geologic strata or cracking in the earth’s 
surface of any length or depth, which settling or 
cracking is caused by pumping of underground 
water. 
(c) REPAIR OR REMEDIATION.—The Secretary shall 
perform the requested repair or remediation if—
(1) the Secretary determines that the Commu-
nity has not exceeded its right to withdraw under-
ground water under the Gila River agreement; and 
(2) the Community, Community member, or al-
lottee, and the Secretary as trustee for the Commu-
nity, Community member, or allottee, execute a 
waiver and release of claim in the form specified in 
exhibit 25.5.1, 25.5.2, or 25.5.3 to the Gila River 
agreement, as applicable, to become effective on sat-
isfactory completion of the requested repair or reme-
diation, as determined under the Gila River agree-
ment. 
(d) SPECIFIC
SUBSIDENCE
DAMAGE.—Notwith-
standing any other provision of this section, the Secretary, 
acting through the Commissioner of Reclamation, shall re-
pair, remediate, and rehabilitate the subsidence damage 
that has occurred to land within the Reservation, as speci-
fied in exhibit 29.21 to the Gila River agreement.
SEC. 210. AFTER-ACQUIRED TRUST LAND. 
(a) REQUIREMENT
OF ACT
OF CONGRESS.—The 
Community may seek to have legal title to additional land 
in the State located outside the exterior boundaries of the 
Reservation taken into trust by the United States for the 
benefit of the Community pursuant only to an Act of Con-
gress enacted after the date of enactment of this Act spe-
cifically authorizing the transfer for the benefit of the 
Community. 
(b) WATER RIGHTS.—After-acquired trust land shall 
not include federally reserved rights to surface water or 
groundwater. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that future Acts of Congress authorizing land to be 
taken into trust under subsection (a) should provide that 
such land will have only such water rights and water use 
privileges as would be consistent with State water law and 
State water management policy. 
SEC. 211. REDUCTION OF WATER RIGHTS. 
(a) REDUCTION OF TBI ELIGIBLE ACRES.—
(1) IN GENERAL.—In accordance with this title 
and as provided in the UVD agreement, the Sec-
retary shall assist in reducing the total water de-
mand for irrigation use in the upper valley of the 
Gila River by—
(A) acquiring UV decreed water rights and 
extinguishing or severing and transferring those 
rights to the San Carlos Irrigation Project for 
the benefit of the Community and the San Car-
los Irrigation and Drainage District in accord-
ance with applicable law; and 
(B) entering into agreements regarding re-
duction of water demand through fallowing pro-
grams. 
(2) ACQUISITIONS.—
(A) REQUIRED
PHASE
I
ACQUISITION.—
Not later than December 31 of the second cal-
endar year that begins after the enforceability 
date, the Secretary shall acquire the UV de-
creed water rights associated with 1,000 acres 
of land (other than special hot lands) that 
would have been included in the initial calcula-
tion of TBI eligible acres under the UVD 
agreement if the initial calculation of TBI eligi-
ble acres had been undertaken at the time of 
acquisition. 
(B) REQUIRED PHASE II ACQUISITION.—
(i) IN GENERAL.—Not later than De-
cember 31 of the sixth calendar year that 
begins after the enforceability date, the
Secretary shall acquire the UV decreed 
water rights associated with 1,000 acres of 
land (other than special hot lands) that 
would have been included in the initial cal-
culation of TBI eligible acres under the 
UVD agreement if the initial calculation of 
TBI eligible acres had been undertaken at 
the time of the acquisition. 
(ii) REDUCTION.—The reduction of 
TBI eligible acres under clause (i) shall be 
in addition to that accomplished under 
subparagraph (A). 
(C) ADDITIONAL ACQUISITION IN CASE OF 
SETTLEMENT.—If the San Carlos Apache Tribe 
reaches a comprehensive settlement with the 
UVD settling parties and other necessary par-
ties that is approved by Congress and finally 
approved by all courts the approval of which is 
required, not later than December 31 of the 
second calendar year that begins after the effec-
tive date of that settlement, the Secretary shall 
acquire the UV decreed water rights associated 
with not less than 500 nor more than 3,000 
TBI eligible acres of land (other than special 
hot lands).
(D) AMOUNT
OF
PAYMENT.—In deter-
mining the amount to be paid for water rights 
acquired pursuant to this paragraph, the Sec-
retary shall take into account the fact that land 
associated with those rights shall be subject to 
the phreatophyle control requirements as pro-
vided in the UVD agreement. 
(3) REDUCTION OF ACREAGE.—Simultaneously 
with the acquisition of UV decreed water rights 
under paragraph (2), the number of TBI eligible 
acres, but not the number of acres of UV subjugated 
land, shall be reduced by the number of acres associ-
ated with those UV decreed water rights. 
(4) ALTERNATIVES TO ACQUISITION.—
(A) SPECIAL HOT LANDS.—The Secretary 
may fulfill the requirements of subparagraphs 
(A) and (B) of paragraph (2), in full or in part, 
by entering into an agreement with an owner of 
special hot lands to prohibit permanently future 
irrigation of the special hot lands if the UVD 
settling parties simultaneously—
(i) acquire UV decreed water rights 
associated with a like number of UV de-
creed acres that are not TBI eligible acres; 
and
(ii) sever and transfer those rights to 
the San Carlos Irrigation Project for the 
benefit of the Community and the San 
Carlos Irrigation and Drainage District. 
(B) FALLOWING
AGREEMENT.—The Sec-
retary may carry out all or any portion of the 
responsibilities of the Secretary under subpara-
graphs (A) and (B) of paragraph (2) by enter-
ing into an agreement with 1 or more owners 
of UV decreed acres and the UV irrigation dis-
trict in which the acres are located, if any, 
under which—
(i) the number of TBI eligible acres is 
reduced; but 
(ii) the owner of the UV decreed acres 
subject to the reduction is permitted to pe-
riodically irrigate the UV decreed acres 
under a fallowing agreement authorized 
under the UVD agreement. 
(5) 
DISPOSITION
OF
ACQUIRED
WATER 
RIGHTS.—
(A) IN
GENERAL.—Of the UV decreed 
water rights acquired by the Secretary pursuant 
to subparagraphs (A) and (B) of paragraph (2),
the Secretary shall, in accordance with all appli-
cable law and the UVD agreement—
(i) sever, and transfer to the San Car-
los Irrigation Project for the benefit of the 
Community and the San Carlos Irrigation 
and Drainage District, the UV decreed 
water rights associated with up to 900 UV 
decreed acres; and 
(ii) extinguish the balance of the UV 
decreed water rights so acquired (except 
and only to the extent that those rights are 
associated with a fallowing agreement au-
thorized under paragraph (4)(B)). 
(B) SAN CARLOS APACHE SETTLEMENT.—
With respect to water rights acquired by the 
Secretary pursuant to paragraph (2)(C), the 
Secretary shall, in accordance with applicable 
law—
(i) sever and transfer to the San Car-
los Irrigation Project, for the benefit of the 
Community and the San Carlos Irrigation 
and Drainage District, the UV decreed 
water rights associated with 200 UV de-
creed acres;
(ii) extinguish the UV decreed water 
rights associated with 300 UV decreed 
acres; and 
(iii) transfer the balance of those ac-
quired water rights to the San Carlos 
Apache Tribe pursuant to the terms of the 
settlement described in paragraph (2)(C). 
(b) ADDITIONAL REDUCTIONS.—
(1) COOPERATIVE
PROGRAM.—In addition to 
the reduction of TBI eligible acres to be accom-
plished under subsection (a), not later than 1 year 
after the enforceability date, the Secretary and the 
UVD settling parties shall cooperatively establish a 
program to purchase and extinguish UV decreed 
water rights associated with UV decreed acres that 
have not been recently irrigated. 
(2) FOCUS.—The primary focus of the program 
under paragraph (1) shall be to prevent any land 
that contains riparian habitat from being reclaimed 
for irrigation. 
(3) FUNDS
AND
RESOURCES.—The program 
under this subsection shall not require any expendi-
ture of funds, or commitment of resources, by the 
UVD settling parties other than such incidental ex-
penditures of funds and commitments of resources
as are required to cooperatively participate in the 
program. 
SEC. 212. MISCELLANEOUS PROVISIONS. 
(a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 
to the Gila River agreement brings an action in any court 
of the United States or any State court relating only and 
directly to the interpretation or enforcement of this title 
or the Gila River agreement (including enforcement of any 
indemnity provisions contained in the Gila River agree-
ment and enforcement of an arbitration award rendered 
pursuant to subparagraph 12.1.9 of the UVD agreement 
or a petition for and collection of attorney’s fees and costs 
pursuant to subparagraph 12.3 of the UVD agreement), 
and names the United States or the Community as a 
party—
(1) the United States, the Community, or both, 
may be joined in any such action; and 
(2) any claim by the United States or the Com-
munity to sovereign immunity from the action is 
waived, but only for the limited and sole purpose of 
such interpretation or enforcement (including any 
indemnity provisions contained in the Gila River 
agreement and enforcement of an arbitration award 
rendered pursuant to subparagraph 12.1.9 of the 
UVD agreement or a petition for and collection of
attorney’s fees and costs pursuant to subparagraph 
12.3 of the UVD agreement). 
(b) EFFECT OF ACT.—Nothing in this title quantifies 
or otherwise affects the water rights, or claims or entitle-
ments to water, of any Indian tribe, band, or community, 
other than the Community. 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—
The United States shall not make a claim for reimburse-
ment of costs arising out of the implementation of this 
title or the Gila River agreement against any Indian-
owned land within the Reservation, and no assessment 
shall be made in regard to those costs against that land. 
(d) NO EFFECT ON FUTURE ALLOCATIONS.—Water 
received under a lease or exchange of Community CAP 
water under this title shall not affect any future allocation 
or reallocation of CAP water by the Secretary. 
(e) COMMUNITY REPAYMENT CONTRACT.—The Sec-
retary shall execute Amendment No. 1 to the Community 
repayment contract, attached as exhibit 8.1 to the Gila 
River agreement, to provide, among other things, that the 
costs incurred under that contract shall be nonreimburs-
able by the Community. 
(f) SALT
RIVER
PROJECT
RIGHTS
AND
CON-
TRACTS.—
100
(1) IN GENERAL.—Subject to paragraph (2), 
the agreement between the United States and the 
Salt River Valley Water Users’ Association dated 
September 6, 1917, and the rights of the Salt River 
Project to store water from the Salt River and Verde 
River at Roosevelt Dam, Horse Mesa Dam, Mormon 
Flat Dam, Stewart Mountain Dam, Horseshoe Dam, 
and Bartlett Dam and to deliver the stored water to 
shareholders of the Salt River Project and others for 
all beneficial uses and purposes recognized under 
State law and to the Community under the Gila 
River agreement, are authorized, ratified, and con-
firmed. 
(2) PRIORITY
DATE; QUANTIFICATION.—The 
priority date and quantification of rights under the 
agreement described in paragraph (1) shall be deter-
mined in an appropriate proceeding in State court. 
(3) CARE, OPERATION, AND MAINTENANCE.—
The Salt River Project shall retain sole authority 
and responsibility for all decisions relating to the 
care, operation, and maintenance of the Salt River 
Project water delivery system, including the Salt 
River Project reservoirs on the Salt River and Verde 
River, vested in Salt River Project under the agree-
ment described in paragraph (1).
101
(g) NEW MEXICO EXCHANGE.—Nothing in this Act 
affects or impairs the right of the State of New Mexico, 
or any water user in the State of New Mexico, to use Gila 
River water as provided by section 304 of the Colorado 
River Basin Project Act (43 U.S.C. 1524). 
(h) 
LIMITATION
ON
LIABILITY
OF
UNITED 
STATES.—
(1) IN
GENERAL.—The United States shall 
have no trust or other obligation—
(A) to monitor, administer, or account for, 
in any manner, any of the funds paid to the 
Community by any party to the Gila River 
agreement; or 
(B) to review or approve the expenditure of 
those funds. 
(2) INDEMNIFICATION.—The Community shall 
indemnify the United States, and hold the United 
States harmless, with respect to any and all claims 
(including claims for takings or breach of trust) 
arising out of the receipt or expenditure of funds de-
scribed in paragraph (1)(A). 
SEC. 213. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) REHABILITATION OF IRRIGATION WORKS.—
102
(A) IN GENERAL.—There is authorized to 
be appropriated $52,396,000, adjusted to re-
flect changes since January 1, 2000, under sub-
paragraph (B) for the rehabilitation of irriga-
tion works under section 203(d)(4). 
(B) ADJUSTMENT.—The amount under 
subparagraph (A) shall be adjusted by such 
amounts, if any, as may be required by reason 
of changes in construction costs as indicated by 
engineering cost indices applicable to the types 
of construction required by the rehabilitation. 
(2) BUREAU OF RECLAMATION CONSTRUCTION 
OVERSIGHT.—There are authorized to be appro-
priated such sums as are necessary for the Bureau 
of Reclamation to undertake the oversight of the 
construction projects authorized under section 203. 
(3) SUBSIDENCE
REMEDIATION
PROGRAM.—
There are authorized to be appropriated such sums 
as are necessary to carry out the subsidence remedi-
ation program under section 209 (including such 
sums as are necessary, not to exceed $4,000,000, to 
carry out the subsidence remediation and repair re-
quired under section 209(d)). 
(4) WATER
RIGHTS
REDUCTION.—There are 
authorized to be appropriated such sums as are nec-
103
essary to carry out the water rights reduction pro-
gram under section 211. 
(5) SAFFORD FACILITY.—There are authorized 
to be appropriated such sums as are necessary to—
(A) retire $13,900,000 of the debt in-
curred by Safford to pay costs associated with 
the construction of the Safford facility as iden-
tified in exhibit 26.1 to the Gila River agree-
ment; and 
(B) pay the interest accrued on that 
amount. 
(6) ENVIRONMENTAL COMPLIANCE.—There are 
authorized to be appropriated—
(A) such sums as are necessary to carry 
out—
(i) all necessary environmental compli-
ance activities and related preconstruction 
technical analyses associated with the Gila 
River agreement and this title; and 
(ii) any mitigation measures adopted 
by the Secretary; and 
(B) to carry out the mitigation measures 
in the Roosevelt Habitat Conservation Plan, not 
more than $10,000,000. 
(b) AUTHORIZED COSTS.—
104
(1) IN
GENERAL.—Amounts made available 
under subsection (a) shall be considered to be au-
thorized costs for purposes of paragraph (2)(D)(iii) 
of section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)) (as amended by sec-
tion 107(a)). 
(2) 
EXCEPTION.—Amounts 
made 
available 
under subsection (a)(4) to carry out section 211(b) 
shall not be considered to be authorized costs for 
purposes of section 403(f)(2)(D)(iii) of the Colorado 
River 
Basin 
Project 
Act 
(43 
U.S.C. 
1543(f)(2)(D)(iii)) (as amended by section 107(a)). 
SEC. 214. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 
If the Secretary does not publish a statement of find-
ings under section 207(d) by December 31, 2007—
(1) this title is repealed effective January 1, 
2008, and any action taken by the Secretary and 
any contract entered under any provision of this title 
shall be void; 
(2) any amounts appropriated under para-
graphs (1) through (5) of section 213(a), together 
with any interest on those amounts, shall imme-
diately revert to the general fund of the Treasury;
105
(3) any amounts made available under section 
213(b) that remain unexpended shall immediately 
revert to the general fund of the Treasury; and 
(4) any amounts paid by the Salt River Project 
in accordance with the Gila River agreement shall 
immediately be returned to the Salt River Project.
TITLE III—SOUTHERN ARIZONA 
WATER RIGHTS SETTLEMENT 
SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLE-
MENT. 
The Southern Arizona Water Rights Settlement Act 
of 1982 (96 Stat. 1274) is amended to read as follows: 
‘‘TITLE III—SOUTHERN ARIZONA 
WATER RIGHTS SETTLEMENT 
‘‘SEC. 301. SHORT TITLE. 
‘‘This title may be cited as the ‘Southern Arizona 
Water Rights Settlement Amendments Act of 2003’. 
‘‘SEC. 302. FINDINGS. 
‘‘Congress finds that—
‘‘(1) water rights claims within the San Xavier 
Reservation and the eastern Schuk Toak District of 
the Tohono O’odham Nation, including water rights 
claims of the Nation and allottees, are the subject of 
lawsuits pending against the United States and nu-
merous parties in southern Arizona (including min-
106
ing companies, agricultural interests, and the city of 
Tucson); 
‘‘(2) the lawsuits referred to in paragraph (1)—
‘‘(A) are expensive and time-consuming for 
all participants; and 
‘‘(B) threaten to cause profound adverse 
impacts on the health and development of the 
Indian and non-Indian economies of southern 
Arizona; 
‘‘(3) the parties to the lawsuits referred to in 
paragraph (1) and other persons interested in the 
settlement of the water rights claims within the Tuc-
son management area have diligently attempted to 
settle those lawsuits; 
‘‘(4) the requirements of paragraph (1) of sec-
tion 307(a) of the 1982 Act were met within 1 year 
of the date of enactment of that paragraph in that—
‘‘(A) on October 11, 1983, the city of Tuc-
son, Arizona, and the United States entered 
into an agreement—
‘‘(i) to make available to the Sec-
retary, for disposal in such manner as the 
Secretary determines appropriate, 28,200 
acre-feet of reclaimed water; and
107
‘‘(ii) to permit the Secretary to pro-
vide terms and conditions under which the 
Secretary may relinquish to the city of 
Tucson, Arizona, such quantities of water 
as are not needed to carry out the duties 
of the Secretary under the 1982 Act; 
‘‘(B)(i) on October 11, 1983, the city of 
Tucson, Arizona, the State, and other parties 
entered into an agreement with the United 
States to establish a cooperative fund; and 
‘‘(ii) contributions to that fund that were 
required to be made in accordance with section 
313 of the 1982 Act were subsequently made; 
‘‘(C) on October 11, 1983, the Nation en-
tered into an agreement with the United States 
in compliance with section 307(a)(1)(C) of the 
1982 Act; 
‘‘(D) in the agreement of October 11, 
1983, between the Nation and the United 
States, the Nation executed a waiver and re-
lease in compliance with section 307(a)(1)(D) 
of the 1982 Act; 
‘‘(5) by providing the assistance specified in 
this title, the United States will enable the imple-
108
mentation 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, the Nation, the San Xavier 
District and Schuk Toak District of the Nation, and 
the non-Indian community of southern Arizona, that 
the United States assist in the implementation of a 
fair and equitable settlement of the water rights 
claims of the Nation and allottees; and 
‘‘(7) the settlement provided for under this title 
will—
‘‘(A) provide flexibility in the management 
of water resources; 
‘‘(B) encourage the allocation of water re-
sources in accordance with the best uses of the 
resources; 
‘‘(C) promote the conservation and man-
agement of water resources; and 
‘‘(D) carry out the trust responsibility of 
the United States with respect to—
‘‘(i) the Nation; and 
‘‘(ii) the allottees. 
‘‘SEC. 303. DEFINITIONS. 
‘‘In this title:
109
‘‘(1) ACRE-FOOT.—The term ‘acre-foot’ means 
the quantity of water necessary to cover 1 acre of 
land to a depth of 1 foot. 
‘‘(2) ADAMS
CASE.—The term ‘Adams case’ 
means Adams v. United States (Civ. No. 93–240 
TUC FRZ (D. Ariz., filed January 25, 1993)). 
‘‘(3) AFTER-ACQUIRED
TRUST
LAND.—The 
term ‘after-acquired trust land’ means land that—
‘‘(A) is located—
‘‘(i) within the State; but 
‘‘(ii) outside the exterior boundaries of 
the Nation’s Reservation; and 
‘‘(B) is taken into trust by the United 
States for the benefit of the Nation after the 
enforceability date. 
‘‘(4) AGREEMENT OF DECEMBER 11, 1980.—The 
term ‘agreement of December 11, 1980’ means the 
contract for delivery of Central Arizona Project 
water entered into by the United States and the Na-
tion on December 11, 1980. 
‘‘(5) AGREEMENT OF OCTOBER 11, 1983.—The 
term ‘agreement of October 11, 1983’ means the 
contract for the provision of water and the settle-
ment of claims to water under the 1982 Act entered
110
into by the United States and the Nation on October 
11, 1983. 
‘‘(6) ALLOTTEE.—The term ‘allottee’ means a 
person that holds a beneficial real property interest 
in an Indian allotment that is—
‘‘(A) located within the Reservation; and 
‘‘(B) held in trust by the United States. 
‘‘(7) ALLOTTEE
CLASS.—The term ‘allottee 
class’ means an applicable plaintiff class certified by 
the court of jurisdiction in—
‘‘(A) the Alvarez case; or 
‘‘(B) the Tucson case. 
‘‘(8) ALVAREZ CASE.—The term ‘Alvarez case’ 
means the first through fourth causes of action of 
the third amended complaint in Alvarez v. City of 
Tucson (Civ. No. 93–039 TUC FRZ (D. Ariz., filed 
April 21, 1993)). 
‘‘(9) APPLICABLE LAW.—The term ‘applicable 
law’ means any applicable Federal, State, tribal, or 
local law. 
‘‘(10) ASARCO.—The term ‘Asarco’ means 
Asarco Incorporated, a New Jersey corporation of 
that name, and its subsidiaries operating mining op-
erations in the State.
111
‘‘(11) ASARCO AGREEMENT.—The term ‘Asarco 
agreement’ means the agreement by that name at-
tached to the Tohono O’odham settlement agreement 
as exhibit 13.1. 
‘‘(12) CAP REPAYMENT CONTRACT.—
‘‘(A) IN GENERAL.—The term ‘CAP repay-
ment contract’ means the contract dated De-
cember 1, 1988 (Contract No. 14–06–W–245, 
Amendment No. 1) between the United States 
and the Central Arizona Water Conservation 
District for the delivery of water and the repay-
ment of costs of the Central Arizona Project. 
‘‘(B) INCLUSIONS.—The term ‘CAP repay-
ment contract’ includes all amendments to and 
revisions of that contract. 
‘‘(13) CENTRAL ARIZONA PROJECT.—The term 
‘Central Arizona Project’ means the reclamation 
project authorized and constructed by the United 
States in accordance with title III of the Colorado 
River Basin Project Act (43 U.S.C. 1521 et seq.). 
‘‘(14) CENTRAL ARIZONA PROJECT LINK PIPE-
LINE.—The term ‘Central Arizona Project link pipe-
line’ means the pipeline extending from the Tucson 
Aqueduct of the Central Arizona Project to a point 
within the cooperative farm.
112
‘‘(15) CENTRAL
ARIZONA
PROJECT
SERVICE 
AREA.—The term ‘Central Arizona Project service 
area’ means—
‘‘(A) the geographical area comprised of 
Maricopa, Pinal, and Pima Counties, Arizona, 
in which the Central Arizona Water Conserva-
tion District delivers Central Arizona Project 
water; and 
‘‘(B) any expansion of that area under ap-
plicable law. 
‘‘(16) CENTRAL
ARIZONA
WATER
CONSERVA-
TION DISTRICT.—The term ‘Central Arizona Water 
Conservation District’ means the political subdivi-
sion of the State that is the contractor under the 
CAP repayment contract. 
‘‘(17) COOPERATIVE FARM.—The term ‘cooper-
ative farm’ means the farm on land served by an ir-
rigation system and the extension of the irrigation 
system provided for under paragraphs (1) and (2) of 
section 304(c). 
‘‘(18) COOPERATIVE FUND.—The term ‘cooper-
ative fund’ means the cooperative fund established 
by section 313 of the 1982 Act and reauthorized by 
section 310. 
‘‘(19) DELIVERY AND DISTRIBUTION SYSTEM.—
113
‘‘(A) IN
GENERAL.—The term ‘delivery 
and distribution system’ means—
‘‘(i) the Central Arizona Project aque-
duct; 
‘‘(ii) the Central Arizona Project link 
pipeline; and 
‘‘(iii) the pipelines, canals, aqueducts, 
conduits, and other necessary facilities for 
the delivery of water under the Central Ar-
izona Project. 
‘‘(B) INCLUSIONS.—The term ‘delivery and 
distribution system’ includes pumping facilities, 
power plants, and electric power transmission 
facilities external to the boundaries of any farm 
to which the water is distributed. 
‘‘(20) 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 is located within the 
Tucson management area. 
‘‘(21) ENFORCEABILITY DATE.—The term ‘en-
forceability date’ means the date on which title III 
of the Arizona Water Settlements Act takes effect
114
(as described in section 302(b) of the Arizona Water 
Settlements Act). 
‘‘(22) EXEMPT WELL.—The term ‘exempt well’ 
means a water well—
‘‘(A) the maximum pumping capacity of 
which is not more than 35 gallons per minute; 
and 
‘‘(B) the water from which is used for—
‘‘(i) the supply, service, or activities of 
households or private residences; 
‘‘(ii) landscaping; 
‘‘(iii) livestock watering; or 
‘‘(iv) the irrigation of not more than 
2 acres of land for the production of 1 or 
more agricultural or other commodities 
for—
‘‘(I) sale; 
‘‘(II) human consumption; or 
‘‘(III) use as feed for livestock or 
poultry. 
‘‘(23) FEE OWNER OF ALLOTTED LAND.—The 
term ‘fee owner of allotted land’ means a person 
that holds fee simple title in real property on the 
Reservation that, at any time before the date on 
which the person acquired fee simple title, was held
115
in trust by the United States as an Indian allot-
ment. 
‘‘(24) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(25) INJURY TO WATER QUALITY.—The term 
‘injury to water quality’ means any contamination, 
diminution, or deprivation of water quality under ap-
plicable law. 
‘‘(26) INJURY TO WATER RIGHTS.—
‘‘(A) IN GENERAL.—The term ‘injury to 
water rights’ means an interference with, dimi-
nution of, or deprivation of water rights under 
applicable law. 
‘‘(B) INCLUSION.—The term ‘injury to 
water rights’ includes a change in the under-
ground water table and any effect of such a 
change. 
‘‘(C) EXCLUSION.—The term ‘injury to 
water rights’ does not include subsidence dam-
age or injury to water quality. 
‘‘(27) IRRIGATION SYSTEM.—
‘‘(A) IN GENERAL.—The term ‘irrigation 
system’ means canals, laterals, ditches, sprin-
116
klers, bubblers, and other irrigation works used 
to distribute water within the boundaries of a 
farm. 
‘‘(B) INCLUSIONS.—The term ‘irrigation 
system’, with respect to the cooperative farm, 
includes activities, procedures, works, and de-
vices for—
‘‘(i) rehabilitation of fields; 
‘‘(ii) remediation of sinkholes, sinks, 
depressions, and fissures; and 
‘‘(iii) stabilization of the banks of the 
Santa Cruz River. 
‘‘(28) LOWER COLORADO RIVER BASIN DEVEL-
OPMENT FUND.—The term ‘Lower Colorado River 
Basin Development Fund’ means the fund estab-
lished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543). 
‘‘(29) M&I PRIORITY WATER.—The term ‘M&I 
priority water’ means Central Arizona Project water 
that has municipal and industrial priority. 
‘‘(30) NATION.—The term ‘Nation’ means the 
Tohono O’odham Nation (formerly known as the 
Papago Tribe) organized under a constitution ap-
proved in accordance with section 16 of the Act of 
June 18, 1934 (25 U.S.C. 476).
117
‘‘(31) NATION’S RESERVATION.—The term ‘Na-
tion’s Reservation’ means all land within the exterior 
boundaries of—
‘‘(A) the Sells Tohono O’odham Reserva-
tion established by the Executive order of Feb-
ruary 1, 1917, and the Act of February 21, 
1931 (46 Stat. 1202, chapter 267); 
‘‘(B) the San Xavier Reservation estab-
lished by the Executive order of July 1, 1874; 
‘‘(C) the Gila Bend Indian Reservation es-
tablished by the Executive order of December 
12, 1882, and modified by Executive order of 
June 17, 1909; 
‘‘(D) the Florence Village established by 
Public Law 95–361 (92 Stat. 595); 
‘‘(E) all land acquired in accordance with 
the Gila Bend Indian Reservation Lands Re-
placement Act (100 Stat. 1798), if title to the 
land is held in trust by the Secretary for the 
benefit of the Nation; and 
‘‘(F) all other land to which the United 
States holds legal title in trust for the benefit 
of the Nation and that is added to the Nation’s 
Reservation or granted reservation status in ac-
118
cordance with applicable Federal law before the 
enforceability date. 
‘‘(32) NET IRRIGABLE ACRES.—The term ‘net 
irrigable acres’ means, with respect to a farm, the 
acreage of the farm that is suitable for agriculture, 
as determined by the Nation. 
‘‘(33) NIA PRIORITY WATER.—The term ‘NIA 
priority water’ means Central Arizona Project water 
that has non-Indian agricultural priority. 
‘‘(34) SAN XAVIER ALLOTTEES ASSOCIATION.—
The term ‘San Xavier Allottees Association’ means 
the nonprofit corporation established under State 
law for the purpose of representing and advocating 
the interests of allottees. 
‘‘(35) SAN
XAVIER
COOPERATIVE
ASSOCIA-
TION.—The term ‘San Xavier Cooperative Associa-
tion’ means the entity chartered under the laws of 
the Nation (or a successor of that entity) that is a 
lessee of land within the cooperative farm. 
‘‘(36) SAN XAVIER DISTRICT.—The term ‘San 
Xavier District’ means the district of that name, 1 
of 11 political subdivisions of the Nation established 
under the constitution of the Nation. 
‘‘(37) SAN
XAVIER
DISTRICT
COUNCIL.—The 
term ‘San Xavier District Council’ means the gov-
119
erning body of the San Xavier District, as estab-
lished under the constitution of the Nation. 
‘‘(38) SAN
XAVIER
RESERVATION.—The term 
‘San Xavier Reservation’ means the San Xavier In-
dian Reservation established by the Executive order 
of July 1, 1874. 
‘‘(39) 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)(4). 
‘‘(40) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of the Interior. 
‘‘(41) STATE.—The term ‘State’ means the 
State of Arizona. 
‘‘(42) 
SUBJUGATE.—The 
term 
‘subjugate’ 
means to prepare land for agricultural use through 
irrigation. 
‘‘(43) SUBSIDENCE DAMAGE.—The term ‘sub-
sidence damage’ means injury to land, water, or 
other real property resulting from the settling of 
geologic strata or grading in the surface of the earth 
of any length or depth, which settling or cracking is 
caused by the pumping of water.
120
‘‘(44) SURFACE
WATER.—The term ‘surface 
water’ means all water that is appropriable under 
State law. 
‘‘(45) TOHONO O’ODHAM SETTLEMENT AGREE-
MENT.—The term ‘Tohono O’odham settlement 
agreement’ means the agreement (including all ex-
hibits of and attachments to the agreement) that 
settles, and provides for the dismissal with prejudice 
of, the claims asserted in the Adams case, the Alva-
rez case, and the Tucson case, as executed by the 
parties to those cases and filed with the court of ju-
risdiction. 
‘‘(46) TUCSON CASE.—The term ‘Tucson case’ 
means United States et al. v. City of Tucson, et al. 
(Civ. No. 75–39 TUC consol. with Civ. No. 75–51 
TUC FRZ (D. Ariz., filed February 20, 1975)). 
‘‘(47) TUCSON INTERIM WATER LEASE.—The 
term ‘Tucson interim water lease’ means the lease, 
and any amendments and extensions of the lease, 
between the city of Tucson, Arizona, and the Nation, 
dated October 24, 1992. 
‘‘(48) TUCSON MANAGEMENT AREA.—The term 
‘Tucson management area’ means the area in the 
State comprised of—
‘‘(A) the area—
121
‘‘(i) designated as the Tucson Active 
Management Area under the Arizona 
Groundwater Management Act of 1980 
(1980 Ariz. Sess. Laws 1); and 
‘‘(ii) subsequently divided into the 
Tucson Active Management Area and the 
Santa Cruz Active Management Area 
(1994 Ariz. Sess. Laws 296); and 
‘‘(B) the portion of the Upper Santa Cruz 
Basin that is not located within the area de-
scribed in subparagraph (A)(i). 
‘‘(49) TURNOUT.—The term ‘turnout’ means a 
point of water delivery on the Central Arizona 
Project aqueduct. 
‘‘(50) UNDERGROUND
STORAGE.—The term 
‘underground storage’ means storage of water ac-
complished under a project authorized under section 
308(e). 
‘‘(51) UNITED STATES AS TRUSTEE.—The term 
‘United States as Trustee’ means the United States, 
acting on behalf of the Nation and allottees, but in 
no other capacity. 
‘‘(52) VALUE.—The term ‘value’ means the 
value attributed to water based on the greater of—
122
‘‘(A) the anticipated or actual use of the 
water; or 
‘‘(B) the fair market value of the water. 
‘‘(53) WATER RIGHT.—The term ‘water right’ 
means any right in or to groundwater, surface 
water, or effluent under applicable law. 
‘‘(54) 1982 ACT.—The term ‘1982 Act’ means 
the Southern Arizona Water Rights Settlement Act 
of 1982 (96 Stat. 1274; 106 Stat. 3256), as in ef-
fect on the day before the enforceability date. 
‘‘SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGA-
TIONS. 
‘‘(a) WATER DELIVERY.—The Secretary shall deliver 
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—
‘‘(A) be deliverable for use to the San Xa-
vier Reservation; or 
‘‘(B) otherwise be used in accordance with 
section 309; and 
‘‘(2) 10,800 acre-feet shall—
‘‘(A) be deliverable for use to the eastern 
Schuk Toak District; or
123
‘‘(B) otherwise be used in accordance with 
section 309. 
‘‘(b) DELIVERY AND DISTRIBUTION SYSTEMS.—The 
Secretary shall (without cost to the Nation, any allottee, 
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 sys-
tems necessary to deliver the water described in subsection 
(a). 
‘‘(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 8 years after the en-
forceability date, the Secretary shall complete the 
design and construction of improvements to the irri-
gation system that serves the cooperative farm. 
‘‘(2) EXTENSION OF EXISTING IRRIGATION SYS-
TEM WITHIN THE SAN XAVIER RESERVATION.—
‘‘(A) IN GENERAL.—Except as provided in 
subsection (d), not later than 8 years after the 
enforceability date, in addition to the improve-
ments described in paragraph (1), the Secretary 
shall complete the design and construction of
124
the extension of the irrigation system for the 
cooperative farm. 
‘‘(B) CAPACITY.—On completion of the ex-
tension, the extended cooperative farm irriga-
tion system shall serve 2,300 net irrigable acres 
on the San Xavier Reservation, unless the Sec-
retary and the San Xavier Cooperative Associa-
tion agree on fewer net irrigable acres. 
‘‘(3) CONSTRUCTION OF NEW FARM.—
‘‘(A) IN GENERAL.—Except as provided in 
subsection (d), not later than 8 years after the 
enforceability date, the Secretary shall—
‘‘(i) design and construct within the 
San Xavier Reservation such additional ca-
nals, laterals, farm ditches, and irrigation 
works as are necessary for the efficient dis-
tribution for agricultural purposes that 
portion of the 27,000 acre-feet annually of 
water described in subsection (a)(1) that is 
not required for the irrigation systems de-
scribed in paragraphs (1) and (2) of sub-
section (c); or 
‘‘(ii) in lieu of the actions described in 
clause (i), pay to the San Xavier District 
$18,300,000 in full satisfaction of the obli-
125
gations of the United States described in 
clause (i).
‘‘(B) ELECTION.—
‘‘(i) IN
GENERAL.—The San Xavier 
District Council may make a nonrevocable 
election whether to receive the benefits de-
scribed under subparagraph (A) by noti-
fying the Secretary by not later than 180 
days after the enforceability date, by writ-
ten and certified resolution of the San Xa-
vier District Council. 
‘‘(ii) NO
RESOLUTION.—If the Sec-
retary does not receive such a resolution by 
the deadline specified in clause (i), the Sec-
retary shall pay $18,300,000 to the San 
Xavier District in lieu of carrying out the 
obligations of the United States under sub-
paragraph (A)(i). 
‘‘(C) SOURCE
OF
FUNDS
AND
TIME
OF 
PAYMENT.—
‘‘(i) 
IN
GENERAL.—Payment 
of 
$18,300,000 under this paragraph shall be 
made by the Secretary from the Lower 
Colorado 
River 
Basin 
Development 
Fund—
126
‘‘(I) not later than 60 days after 
an election described in subparagraph 
(B) is made (if such an election is 
made); or 
‘‘(II) not later than 240 days 
after the enforceability date, if no 
timely election is made. 
‘‘(ii) 
PAYMENT
FOR
ADDITIONAL 
STRUCTURES.—Payment of amounts nec-
essary to design and construct such addi-
tional canals, laterals, farm ditches, and ir-
rigation works as are described in subpara-
graph (A)(i) shall be made by the Sec-
retary from the Lower Colorado River 
Basin Development Fund, if an election is 
made to receive the benefits under sub-
paragraph (A)(i). 
‘‘(4) 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 enforceability date, 
the Secretary shall complete the design and con-
struction of an irrigation system and delivery and 
distribution system to serve the farm that is con-
structed in the eastern Schuk Toak District.
127
‘‘(d) EXTENSION OF DEADLINES.—
‘‘(1) IN GENERAL.—The Secretary may extend 
a deadline under subsection (c) if the Secretary de-
termines that compliance with the deadline is im-
practicable by reason of—
‘‘(A) a material breach by a contractor of 
a contract that is relevant to carrying out a 
project or activity described in subsection (c); 
‘‘(B) the inability of such a contractor, 
under such a contract, to carry out the contract 
by reason of force majeure, as defined by the 
Secretary in the contract; 
‘‘(C) unavoidable delay in compliance with 
applicable Federal and tribal laws, as deter-
mined by the Secretary, including—
‘‘(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); and 
‘‘(ii) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
or 
‘‘(D) stoppage in work resulting from the 
assessment of a tax or fee that is alleged in any 
court of jurisdiction to be confiscatory or dis-
criminatory.
128
‘‘(2) NOTICE OF FINDING.—If the Secretary ex-
tends a deadline under paragraph (1), the Secretary 
shall—
‘‘(A) publish a notice of the extension in 
the Federal Register; and 
‘‘(B)(i) include in the notice an estimate of 
such additional period of time as is necessary to 
complete the project or activity that is the sub-
ject of the extension; and 
‘‘(ii) specify a deadline that provides for a 
period for completion of the project before the 
end of the period described in clause (i). 
‘‘(e) AUTHORITY OF SECRETARY.—
‘‘(1) IN GENERAL.—In carrying out this title, 
after providing reasonable notice to the Nation, the 
Secretary, in compliance with all applicable law, may 
enter, construct works on, and take such other ac-
tions as are related to the entry or construction on 
land within the San Xavier District and the Schuk 
Toak District. 
‘‘(2) EFFECT ON FEDERAL ACTIVITY.—Nothing 
in this subsection affects the authority of the United 
States, or any Federal officer, agent, employee, or 
contractor, to conduct official Federal business or 
carry out any Federal duty (including any Federal
129
business or duty under this title) on land within the 
eastern Schuk Toak District or the San Xavier Dis-
trict. 
‘‘(f) USE OF FUNDS.—
‘‘(1) IN GENERAL.—With respect to any funds 
received under subsection (c)(3)(A), the San Xavier 
District—
‘‘(A) shall hold the funds in trust, and in-
vest the funds in interest-bearing deposits and 
securities, until expended; 
‘‘(B) may expend the principal of the 
funds, and any interest and dividends that ac-
crue on the principal, only in accordance with 
a budget that is—
‘‘(i) authorized by the San Xavier 
District Council; and 
‘‘(ii) approved by resolution of the 
Legislative Council of the Nation; and 
‘‘(C) shall expend the funds—
‘‘(i) for any subjugation of land, de-
velopment of water resources, or construc-
tion, operation, maintenance, or replace-
ment of facilities within the San Xavier 
Reservation that is not required to be car-
130
ried out by the United States under this 
title or any other provision of law; 
‘‘(ii) to provide governmental services, 
including—
‘‘(I) programs for senior citizens; 
‘‘(II) health care services; 
‘‘(III) education; 
‘‘(IV) 
economic 
development 
loans and assistance; and 
‘‘(V) legal assistance programs; 
‘‘(iii) to provide benefits to allottees; 
‘‘(iv) to pay the costs of activities of 
the San Xavier Allottees Association; or 
‘‘(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.—
‘‘(A) IN
GENERAL.—The Secretary shall 
not—
‘‘(i) be responsible for any review, ap-
proval, or audit of the use and expenditure 
of the funds described in paragraph (1); or
131
‘‘(ii) be subject to liability for any 
claim or cause of action arising from the 
use or expenditure, by the Nation or the 
San Xavier District, of those funds. 
‘‘(B) LIMITATION.—No portion of any 
funds described in paragraph (1) shall be used 
for per capita payments to any individual mem-
ber of the Nation or any allottee. 
‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; AL-
TERNATIVE WATER SUPPLIES. 
‘‘(a) DELIVERY OF WATER.—
‘‘(1) IN GENERAL.—The Secretary shall deliver 
water from the main project works of the Central 
Arizona Project, in such quantities, and in accord-
ance with such terms and conditions, as are con-
tained in the agreement of December 11, 1980, the 
1982 Act, and the agreement of October 11, 1983, 
to 1 or more of—
‘‘(A) the cooperative farm; 
‘‘(B) the eastern Schuk Toak District; 
‘‘(C) turnouts existing on the enforceability 
date; and 
‘‘(D) any other point of delivery on the 
Central Arizona Project main aqueduct that is 
agreed to by—
132
‘‘(i) the Secretary; 
‘‘(ii) the operator of the Central Ari-
zona Project; and 
‘‘(iii) the Nation. 
‘‘(2) DELIVERY.—The Secretary shall deliver 
the water covered by sections 304(a) and 306(a), or 
an equivalent quantity of water from a source identi-
fied under subsection (b)(1), notwithstanding—
‘‘(A) any 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—
‘‘(i) the Secretary; 
‘‘(ii) the United States; or 
‘‘(iii) any officer, employee, con-
tractor, or agent of the Secretary or 
United States. 
‘‘(b) ACQUISITION OF LAND AND WATER.—
‘‘(1) DELIVERY.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if the Secretary, under the 
terms and conditions of the agreements referred 
to in subsection (a)(1), is unable, during any 
year, to deliver from the main project works of 
the Central Arizona Project any portion of the
133
quantity of water covered by sections 304(a) 
and 306(a), the Secretary shall identify, acquire 
and deliver an equivalent quantity of water 
from, any appropriate source. 
‘‘(B) EXCEPTION.—The Secretary shall 
not acquire any water under subparagraph (A) 
through any transaction that would cause de-
pletion of groundwater supplies or aquifers in 
the San Xavier District or the eastern Schuk 
Toak District. 
‘‘(2) PRIVATE LAND AND INTERESTS.—
‘‘(A) ACQUISITION.—
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B), the Secretary may acquire 
such private land, or interests in private 
land, that include rights in surface or 
groundwater recognized under State law, 
as are necessary for the acquisition and de-
livery of water under this subsection. 
‘‘(ii) 
COMPLIANCE.—In 
acquiring 
rights in surface water under clause (i), 
the Secretary shall comply with all applica-
ble severance and transfer requirements 
under State law.
134
‘‘(B) PROHIBITION ON TAKING.—The Sec-
retary shall not acquire any land, water, water 
rights, or contract rights under subparagraph 
(A) without the consent of the owner of the 
land, water, water rights, or contract rights. 
‘‘(C) PRIORITY.—In acquiring any private 
land or interest in private land under this para-
graph, the Secretary shall give priority to the 
acquisition of land on which water has been put 
to beneficial use during any 1-year period dur-
ing the 5-year period preceding the date of ac-
quisition of the land by the Secretary. 
‘‘(3) DELIVERIES FROM ACQUIRED LAND.—De-
liveries of water from land acquired under paragraph 
(2) shall be made only to the extent that the water 
may be transported within the Tucson management 
area under applicable law. 
‘‘(4) DELIVERY OF EFFLUENT.—
‘‘(A) IN GENERAL.—Except on receipt of 
prior written consent of the Nation, the Sec-
retary shall not deliver effluent directly to the 
Nation under this subsection. 
‘‘(B) NO SEPARATE DELIVERY SYSTEM.—
The Secretary shall not construct a separate de-
livery system to deliver effluent to the San Xa-
135
vier Reservation or the eastern Schuk Toak 
District. 
‘‘(C) NO
IMPOSITION
OF
OBLIGATION.—
Nothing in this paragraph imposes any obliga-
tion on the United States to deliver effluent to 
the Nation. 
‘‘(c) AGREEMENTS AND CONTRACTS.—To facilitate 
the delivery of water to the San Xavier Reservation and 
the eastern Schuk Toak District under this title, the Sec-
retary may enter into a contract or agreement with the 
State, an irrigation district or project, or entity—
‘‘(1) for—
‘‘(A) the exchange of water; or 
‘‘(B) the use of aqueducts, canals, con-
duits, and other facilities (including pumping 
plants) for water delivery; or 
‘‘(2) to use facilities constructed, in whole or in 
part, with Federal funds. 
‘‘(d) COMPENSATION AND DISBURSEMENTS.—
‘‘(1) COMPENSATION.—If the Secretary is un-
able to acquire and deliver sufficient quantities of 
water under section 304(a), this section, or section 
306(a), the Secretary shall provide compensation in 
accordance with paragraph (2) in amounts equal 
to—
136
‘‘(A)(i) the value of such quantities of 
water as are not acquired and delivered, if the 
delivery and distribution system for, and the 
improvements to, the irrigation system for the 
cooperative farm have not been completed by 
the deadline required under section 304(c)(1); 
or 
‘‘(ii) the value of such quantities of water 
as—
‘‘(I) are ordered by the Nation for use 
by the Cooperative Association in the irri-
gation system; but 
‘‘(II) are not delivered in any calendar 
year; 
‘‘(B)(i) the value of such quantities of 
water as are not acquired and delivered, if the 
extension of the irrigation system is not com-
pleted by the deadline required under section 
304(c)(2); or 
‘‘(ii) the value of such quantities of water 
as—
‘‘(I) are ordered by the Nation for use 
by the Cooperative Association in the ex-
tension to the irrigation system; but
137
‘‘(II) are not delivered in any calendar 
year; and 
‘‘(C)(i) the value of such quantities of 
water as are not acquired and delivered, if the 
irrigation system is not completed by the dead-
line required under section 304(c)(4); or 
‘‘(ii) except as provided in clause (i), the 
value of such quantities of water as—
‘‘(I) are ordered by the Nation for use 
in the irrigation system, or for use by any 
person or entity (other than the Coopera-
tive Association); but 
‘‘(II) are not delivered in any calendar 
year. 
‘‘(2) DISBURSEMENT.—Any compensation pay-
able under paragraph (1) shall be disbursed—
‘‘(A) with respect to compensation payable 
under subparagraphs (A) and (B) of paragraph 
(1), to the Cooperative Association; and 
‘‘(B) with respect to compensation payable 
under paragraph (1)(C), to the Nation for re-
tention by the Nation or disbursement to water 
users, under the provisions of the water code or 
other applicable laws of the Nation.
138
‘‘(e) NO EFFECT ON WATER RIGHTS.—Nothing in 
this section authorizes the Secretary to acquire or other-
wise affect the water rights of any Indian tribe. 
‘‘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 from the main project works of the Central Arizona 
Project, a total of 28,200 acre-feet of NIA priority water 
suitable for agricultural use, of which—
‘‘(1) 23,000 acre-feet shall—
‘‘(A) be delivered to, and used by, the San 
Xavier Reservation; or 
‘‘(B) otherwise be used by the Nation in 
accordance with section 309; and 
‘‘(2) 5,200 acre-feet shall—
‘‘(A) be delivered to, and used by, the east-
ern Schuk Toak District; or 
‘‘(B) otherwise be used by the Nation in 
accordance with section 309. 
‘‘(b) STATE CONTRIBUTION.—To assist the Secretary 
in firming water under section 105(b)(1)(A) of the Ari-
zona Water Settlements Act, the State shall contribute 
$3,000,000—
‘‘(1) in accordance with a schedule that is ac-
ceptable to the Secretary and the State; and
139
‘‘(2) in the form of cash or in-kind goods and 
services. 
‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIV-
ERY, REVENUE SHARING. 
‘‘(a) CONDITIONS ON ACTIONS OF SECRETARY.—The 
Secretary shall carry out section 304(c), subsections (a), 
(b), and (d) of section 305, and section 306, only if—
‘‘(1) the Nation agrees—
‘‘(A) 
except 
as 
provided 
in 
section 
308(f)(1), to limit the quantity of groundwater 
withdrawn by nonexempt wells from beneath 
the San Xavier Reservation to not more than 
10,000 acre-feet; 
‘‘(B) 
except 
as 
provided 
in 
section 
308(f)(2), to limit the quantity of groundwater 
withdrawn by nonexempt wells from beneath 
the eastern Schuk Toak District to not more 
than 3,200 acre-feet; 
‘‘(C) to comply with water management 
plans established by the Secretary under section 
308(d); 
‘‘(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 successor regulations)) for
140
purposes identified in subparagraph (E)(iii)(I), 
as permitted with respect to tribal organizations 
under title I of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 
et seq.); 
‘‘(E) subject to compliance by the Nation 
with other applicable provisions of part 900 of 
title 25, Code of Federal Regulations (or any 
successor regulations), to consent to contracting 
by the San Xavier District under section 
311(b), on the conditions that—
‘‘(i)(I) the plaintiffs in the Adams 
case, Alvarez case, and Tucson case have 
stipulated to the dismissal, with prejudice, 
of claims in those cases; and 
‘‘(II) those cases have been dismissed 
with prejudice; 
‘‘(ii) the San Xavier Cooperative Asso-
ciation has agreed to assume responsibility, 
after completion of each of the irrigation 
systems described in paragraphs (1), (2), 
and (3) of section 304(c) and on the deliv-
ery of water to those systems, for the oper-
ation, maintenance, and replacement of 
those systems in accordance with the first
141
section of the Act of August 1, 1914 (25 
U.S.C. 385); and 
‘‘(iii) with respect to the consent of 
the Nation to contracting—
‘‘(I) the 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 irrigation system for 
the cooperative farm; 
‘‘(bb) the extension of the ir-
rigation system for the coopera-
tive farm; 
‘‘(cc) the subjugation of land 
to be served by the extension of 
the irrigation system; 
‘‘(dd) the design and con-
struction of storage facilities sole-
ly for water deliverable for use 
within the San Xavier Reserva-
tion; and 
‘‘(ee) the completion by the 
Secretary of a water resources 
study of the San Xavier Reserva-
142
tion and subsequent preparation 
of a water management plan 
under section 308(d); 
‘‘(II) the Nation shall reserve the 
right to seek retrocession or re-
assumption of contracts described in 
subclause (I), and recontracting under 
subpart P and other applicable provi-
sions of part 900 of title 25, Code of 
Federal Regulations (or any successor 
regulations); 
‘‘(III) the Nation, on granting 
consent to such contracting, shall be 
released from any responsibility, li-
ability, claim, or cost from and after 
the date on which consent is given, 
with respect to past action or inaction 
by the Nation, and subsequent action 
or inaction by the San Xavier Dis-
trict, relating to the design and con-
struction of irrigation systems for the 
cooperative farm or the Central Ari-
zona Project link pipeline; and 
‘‘(IV) the Secretary shall, on the 
request of the Nation, execute a waiv-
143
er and release to carry out subclause 
(III); 
‘‘(F) to subjugate, at no cost to the United 
States, the land for which the irrigation sys-
tems under paragraphs (2) and (3) of section 
304(c) will be planned, designed, and con-
structed by the Secretary, on the condition 
that—
‘‘(i) the obligation of the Nation to 
subjugate the land in the cooperative farm 
that is to be served by the extension of the 
irrigation system under section 304(c)(2) 
shall be determined by the Secretary, in 
consultation with the Nation and the San 
Xavier Cooperative Association; and 
‘‘(ii) subject to approval by the Sec-
retary of a contract with the San Xavier 
District executed under section 311, to 
perform that subjugation, a determination 
by the Secretary of the subjugation costs 
under clause (i), and the provision of no-
tice by the San Xavier District to the Na-
tion at least 180 days before the date on 
which the District Council certifies by reso-
lution that the subjugation is scheduled to
144
commence, the Nation pays to the San Xa-
vier District, not later than 90 days before 
the date on which the subjugation is sched-
uled to commence, from the trust fund 
under section 315, or from other sources 
of funds held by the Nation, the amount 
determined by the Secretary under clause 
(i); and 
‘‘(G) subject to valid existing rights, sec-
tion 7 of the Act of February 8, 1887 (25 
U.S.C. 381), this title, other applicable Federal 
law, a water management plan developed under 
section 308(d), and the water code and other 
applicable laws of the Nation, that the Na-
tion—
‘‘(i) shall allocate as a first right of 
beneficial use by allottees, the San Xavier 
District, and other persons within the San 
Xavier Reservation—
‘‘(I) 35,000 acre-feet of the 
50,000 acre-feet of water deliverable 
under 
sections 
304(a)(1) 
and 
306(a)(1), including the use of the al-
location—
145
‘‘(aa) to fulfill the obliga-
tions prescribed in the Asarco 
agreement; and 
‘‘(bb) for groundwater stor-
age, maintenance of instream 
flows, and maintenance of ripar-
ian vegetation and habitat; 
‘‘(II) the 10,000 acre-feet of 
groundwater identified in subsection 
(a)(1)(A); 
‘‘(III) the groundwater with-
drawn from exempt wells; 
‘‘(IV) the deferred pumping stor-
age credits authorized by section 
308(f)(1)(B); and 
‘‘(V) the storage credits resulting 
from a project authorized in section 
308(e) that cannot be lawfully trans-
ferred or otherwise disposed of to per-
sons for recovery outside the Nation’s 
Reservation; and 
‘‘(ii) subject to section 309(b)(2), has 
the right—
‘‘(I) to use, or authorize other 
persons or entities to use, any portion
146
of the allocation of 35,000 acre-feet of 
water 
deliverable 
under 
sections 
304(a)(1) and 306(a)(1) outside the 
San Xavier Reservation for any period 
during which there is no identified ac-
tual use of the water within the San 
Xavier Reservation; 
‘‘(II) as a first right of use, to 
use the remaining acre-feet of water 
deliverable under sections 304(a)(1) 
and 306(a)(1) for any purpose and 
duration authorized by this title with-
in or outside the Nation’s Reserva-
tion; and 
‘‘(III) subject to section 308(e), 
as an exclusive right, to transfer or 
otherwise dispose of the storage cred-
its that may be lawfully transferred or 
otherwise disposed of to persons for 
recovery outside the Nation’s Reserva-
tion; 
‘‘(iii) shall issue permits to persons or 
entities for use of the water resources re-
ferred to in clause (i);
147
‘‘(iv) shall, on timely receipt of an 
order for water by a permittee under a 
permit for Central Arizona Project water 
referred to in clause (i), submit the order 
to—
‘‘(I) the Secretary; or 
‘‘(II) the operating agency for 
the Central Arizona Project; 
‘‘(v) 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); 
‘‘(vi) shall issue permits for ground-
water that may be withdrawn from non-
exempt wells in the eastern Schuk Toak 
District; and 
‘‘(vii) shall, on timely receipt of an 
order for water by a permittee under a 
permit for water referred to in clause (v), 
submit the order to—
‘‘(I) the Secretary; or 
‘‘(II) the operating agency for 
the Central Arizona Project; and
148
‘‘(2) the Adams case, Alvarez case, and Tucson 
case have been dismissed with prejudice. 
‘‘(b) RESPONSIBILITIES ON COMPLETION.—On com-
pletion of an irrigation system or extension of an irrigation 
system described in paragraph (1) or (2) of section 304(c), 
or in the case of the irrigation system described in section 
304(c)(3), if such irrigation system is constructed on indi-
vidual Indian trust allotments, neither the United States 
nor the Nation shall be responsible for the operation, 
maintenance, or replacement of the system. 
‘‘(c) PAYMENT OF CHARGES.—The Nation shall not 
be responsible for payment of any water service capital 
charge for Central Arizona Project water delivered under 
section 304, subsection (a) or (b) of section 305, or section 
306. 
‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; 
STORAGE PROJECTS; STORAGE ACCOUNTS; 
GROUNDWATER. 
‘‘(a) WATER
RESOURCES.—Water resources de-
scribed in clauses (i) and (ii) of section 307(a)(1)(G)—
‘‘(1) shall be subject to section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381); and 
‘‘(2) shall be apportioned pursuant to clauses 
(i) and (ii) of section 307(a)(1)(G).
149
‘‘(b) WATER CODE.—Subject to this title and any 
other applicable law, the Nation shall—
‘‘(1) manage, regulate, and control the water 
resources of the Nation and the water resources 
granted or confirmed under this title; 
‘‘(2) establish conditions, limitations, and per-
mit requirements, and promulgate regulations, relat-
ing to the storage, recovery, and use of surface 
water and groundwater within the Nation’s Reserva-
tion; and 
‘‘(3) enact and maintain—
‘‘(A) as soon as practicable after the en-
forceability date, an interim allottee water 
rights code that—
‘‘(i) is consistent with subsection (a); 
‘‘(ii) prescribes the rights of allottees 
identified in paragraph (4); and 
‘‘(iii) provides that the interim allottee 
water rights code shall be incorporated in 
the comprehensive water code referred to 
in subparagraph (B); and 
‘‘(B) not later than 3 years after the en-
forceability date, a comprehensive water code 
applicable to the water resources granted or 
confirmed under this title;
150
‘‘(4) include in each of the water codes enacted 
under subparagraphs (A) and (B) of paragraph 
(3)—
‘‘(A) an acknowledgement of the rights de-
scribed 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 any compensa-
tion provided under section 305(d), shall be 
provided to allottees; 
‘‘(C) a process by which an allottee may 
request and receive a permit for the use of any 
water resources referred to in subsection (a), 
except the water resources referred to in section 
307(a)(1)(G)(ii)(III) and subject to the Na-
tion’s 
first 
right 
of 
use 
under 
section 
307(a)(1)(G)(ii)(II); 
‘‘(D) provisions for the protection of due 
process with respect to members of the Nation 
and allottees, including—
‘‘(i) a fair procedure for consideration 
and determination of any request by—
‘‘(I) a member of the Nation, for 
a permit for use of available water re-
151
sources granted or confirmed by this 
title; and 
‘‘(II) an allottee, for a permit for 
use of—
‘‘(aa) the water resources 
identified 
in 
section 
307(a)(1)(G)(i) that are subject 
to a first right of beneficial use; 
or 
‘‘(bb) subject to the first 
right of use of the Nation, avail-
able water resources identified in 
section 307(a)(1)(G)(i)(II); 
‘‘(ii) provisions for—
‘‘(I) appeals and adjudications of 
denied or disputed permits; and 
‘‘(II) resolution of contested ad-
ministrative decisions; and 
‘‘(iii) a waiver by the Nation of the 
sovereign immunity of the Nation only 
with respect 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 sec-
152
tion 307(a)(1)(G)(i) for which fee owners of al-
lotted land have received final determinations 
under applicable law; and 
‘‘(5) submit to the Secretary the comprehensive 
water code, for approval by the Secretary only of the 
provisions of the water code (and any amendments 
to the water code), that implement, with respect to 
the allottees, the standards described in paragraph 
(4). 
‘‘(c) WATER CODE APPROVAL.—
‘‘(1) IN GENERAL.—On receipt of a comprehen-
sive water code under subsection (b)(5), the Sec-
retary shall—
‘‘(A) issue a written approval of the water 
code; or 
‘‘(B) provide a written notification to the 
Nation that—
‘‘(i) identifies such provisions of the 
water code that do not conform to sub-
section (b); and 
‘‘(ii) recommends specific corrective 
language for each nonconforming provi-
sion. 
‘‘(2) REVISION BY NATION.—If the Secretary 
identifies nonconforming provisions in the water
153
code under paragraph (1)(B)(i), the Nation shall re-
vise the water code in accordance with the rec-
ommendations of the Secretary under paragraph 
(1)(B)(ii). 
‘‘(3) INTERIM AUTHORITY.—Until such time as 
the Nation revises the water code of the Nation in 
accordance with paragraph (2) and the Secretary 
subsequently approves the water code, the Secretary 
may exercise any lawful authority of the Secretary 
under section 7 of the Act of February 8, 1887 (25 
U.S.C. 381). 
‘‘(4) LIMITATION.—Except as provided in this 
subsection, nothing in this title requires the approval 
of the Secretary of the water code of the Nation (or 
any amendment to that water code). 
‘‘(d) WATER MANAGEMENT PLANS.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish, for the San Xavier Reservation and the eastern 
Schuk Toak District, water management plans that 
meet the requirements described in paragraph (2). 
‘‘(2) 
REQUIREMENTS.—Water 
management 
plans established under paragraph (1)—
‘‘(A) shall be developed under contracts ex-
ecuted under section 311 between the Secretary 
and the San Xavier District for the San Xavier
154
Reservation, and between the Secretary and the 
Nation for the eastern Schuk Toak District, as 
applicable, that permit expenditures, exclusive 
of administrative expenses of the Secretary, of 
not more than—
‘‘(i) with respect to a contract be-
tween the Secretary and the San Xavier 
District, $891,200; and 
‘‘(ii) with respect to a contract be-
tween the Secretary and the Nation, 
$237,200; 
‘‘(B) shall, at a minimum—
‘‘(i) provide for the measurement of 
all groundwater withdrawals, including 
withdrawals from each well that is not an 
exempt well; 
‘‘(ii) provide for—
‘‘(I) reasonable recordkeeping of 
water use, including the quantities of 
water stored underground and recov-
ered each calendar year; and 
‘‘(II) a system for the reporting 
of withdrawals from each well that is 
not an exempt well;
155
‘‘(iii) provide for the direct storage 
and deferred storage of water, including 
the implementation of underground storage 
and recovery projects, in accordance with 
this section; 
‘‘(iv) provide for the annual exchange 
of information collected under clauses (i) 
through (iii)—
‘‘(I) between the Nation and the 
Arizona Department of Water Re-
sources; and 
‘‘(II) between the Nation and the 
city of Tucson, Arizona; 
‘‘(v) provide for—
‘‘(I) the efficient use of water; 
and 
‘‘(II) the prevention of waste; 
‘‘(vi) except on approval of the district 
council for a district in which a direct stor-
age project is established under subsection 
(e), provide that no direct storage credits 
earned as a result of the project shall be 
recovered at any location at which the re-
covery would adversely affect surface or 
groundwater supplies, or lower the water
156
table at any location, within the district; 
and 
‘‘(vii) provide for amendments to the 
water plan in accordance with this title; 
‘‘(C) shall authorize the establishment and 
maintenance of 1 or more underground storage 
and recovery projects in accordance with sub-
section (e), as applicable, within—
‘‘(i) the San Xavier Reservation; or 
‘‘(ii) the eastern Schuk Toak District; 
and 
‘‘(D) shall be implemented and maintained 
by the Nation, with no obligation by the Sec-
retary. 
‘‘(e) UNDERGROUND
STORAGE
AND
RECOVERY 
PROJECTS.—The Nation is authorized to establish direct 
storage and recovery projects in accordance with the 
Tohono O’odham settlement agreement. 
‘‘(f) GROUNDWATER.—
‘‘(1) SAN XAVIER RESERVATION.—
‘‘(A) IN
GENERAL.—In accordance with 
section 
307(a)(1)(A), 
10,000 
acre-feet 
of 
groundwater may be pumped annually within 
the San Xavier Reservation. 
‘‘(B) DEFERRED PUMPING.—
157
‘‘(i) IN GENERAL.—Subject to clause 
(ii), all or any portion of the 10,000 acre-
feet of water not pumped under subpara-
graph (A) in a year—
‘‘(I) may be withdrawn in a sub-
sequent year; and 
‘‘(II) if any of that water is with-
drawn, shall be accounted for in ac-
cordance with the Tohono O’odham 
settlement agreement as a debit to the 
deferred pumping storage account. 
‘‘(ii) LIMITATION.—The quantity of 
water authorized to be recovered as de-
ferred pumping storage credits under this 
subparagraph shall not exceed—
‘‘(I) 50,000 acre-feet for any 10-
year period; or 
‘‘(II) 10,000 acre-feet in any 
year. 
‘‘(C) RECOVERY OF ADDITIONAL WATER.—
In addition to the quantity of groundwater au-
thorized to be pumped under subparagraphs 
(A) and (B), the Nation may annually recover 
within the San Xavier Reservation all or a por-
158
tion of the credits for water stored under a 
project described in subsection (e). 
‘‘(2) EASTERN SCHUK TOAK DISTRICT.—
‘‘(A) IN
GENERAL.—In accordance with 
section 307(a)(1)(B), 3,200 acre-feet of ground-
water may be pumped annually within the east-
ern Schuk Toak District. 
‘‘(B) DEFERRED PUMPING.—
‘‘(i) IN GENERAL.—Subject to clause 
(ii), all or any portion of the 3,200 acre-
feet of water not pumped under subpara-
graph (A) in a year—
‘‘(I) may be withdrawn in a sub-
sequent year; and 
‘‘(II) if any of that water is with-
drawn, shall be accounted for in ac-
cordance with the Tohono O’odham 
settlement agreement as a debit to the 
deferred pumping storage account. 
‘‘(ii) LIMITATION.—The quantity of 
water authorized to be recovered as de-
ferred pumping storage credits under this 
subparagraph shall not exceed—
‘‘(I) 16,000 acre-feet for any 10-
year period; or
159
‘‘(II) 3,200 acre-feet in any year. 
‘‘(C) RECOVERY OF ADDITIONAL WATER.—
In addition to the quantity of groundwater au-
thorized to be pumped under subparagraphs 
(A) and (B), the Nation may annually recover 
within the eastern Schuk Toak District all or a 
portion of the credits for water stored under a 
project described in subsection (e). 
‘‘(3) INABILITY TO RECOVER GROUNDWATER.—
‘‘(A) IN GENERAL.—The authorizations to 
pump groundwater in paragraphs (1) and (2) 
neither warrant nor guarantee that the ground-
water—
‘‘(i) physically exists; or 
‘‘(ii) is recoverable. 
‘‘(B) CLAIMS.—With respect to ground-
water described in subparagraph (A)—
‘‘(i) subject to paragraph 8.8 of the 
Tohono O’odham settlement agreement, 
the inability of any person to pump or re-
cover that groundwater shall not be the 
basis for any claim by the United States or 
the Nation against any person or entity 
withdrawing or using the water from any 
common supply; and
160
‘‘(ii) the United States and the Nation 
shall be barred from asserting any and all 
claims for reserved water rights with re-
spect to that groundwater. 
‘‘(g) EXEMPT WELLS.—Any groundwater pumped 
from an exempt well located within the San Xavier Res-
ervation or the eastern Schuk Toak District shall be ex-
empt from all pumping limitations under this title. 
‘‘(h) INABILITY
OF
SECRETARY
TO
DELIVER 
WATER.—The Nation is authorized to pump additional 
groundwater in any year in which the Secretary is unable 
to deliver water required to carry out sections 304(a) and 
306(a) in accordance with the Tohono O’odham settlement 
agreement. 
‘‘(i) PAYMENT OF COMPENSATION.—Nothing in this 
section affects any obligation of the Secretary to pay com-
pensation in accordance with section 305(d). 
‘‘SEC. 309. USES OF WATER. 
‘‘(a) PERMISSIBLE USES.—Subject to other provi-
sions of this section and other applicable law, the Nation 
may devote all water supplies granted or confirmed under 
this title, whether delivered by the Secretary or pumped 
by the Nation, to any use (including any agricultural, mu-
nicipal, domestic, industrial, commercial, mining, under-
161
ground storage, instream flow, riparian habitat mainte-
nance, or recreational use). 
‘‘(b) USE AREA.—
‘‘(1) USE
WITHIN
NATION’S
RESERVATION.—
Subject to subsection (d), the Nation may use at any 
location within the Nation’s Reservation—
‘‘(A) the water supplies acquired under 
sections 304(a) and 306(a); 
‘‘(B) groundwater supplies; and 
‘‘(C) storage credits acquired as a result of 
projects authorized under section 308(e), or de-
ferred storage credits described in section 
308(f), except to the extent that use of those 
storage credits causes the withdrawal of 
groundwater in violation of applicable Federal 
law. 
‘‘(2) USE
OUTSIDE
THE
NATION’S
RESERVA-
TION.—
‘‘(A) 
IN
GENERAL.—Water 
resources 
granted or confirmed under this title may be 
sold, leased, transferred, or used by the Nation 
outside of the Nation’s Reservation only in ac-
cordance with this title. 
‘‘(B) USE WITHIN CERTAIN AREA.—Sub-
ject to subsection (c), the Nation may use the
162
Central Arizona Project water supplies acquired 
under sections 304(a) and 306(a) within the 
Central Arizona Project service area. 
‘‘(C) STATE LAW.—With the exception of 
Central Arizona Project water and groundwater 
withdrawals under the Asarco agreement, the 
Nation may sell, lease, transfer, or use any 
water supplies and storage credits acquired as 
a result of a project authorized under section 
308(e) at any location outside of the Nation’s 
Reservation, but within the State, only in ac-
cordance with State law. 
‘‘(D) 
LIMITATION.—Deferred 
pumping 
storage credits provided for in section 308(f) 
shall not be sold, leased, transferred, or used 
outside the Nation’s Reservation. 
‘‘(E) PROHIBITION ON USE OUTSIDE THE 
STATE.—No water acquired under section 
304(a) or 306(a) shall be leased, exchanged, 
forborne, or otherwise transferred by the Na-
tion for any direct or indirect use outside the 
State. 
‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EX-
CHANGES AND LEASES; RIGHT OF FIRST REFUSAL.—
163
‘‘(1) IN GENERAL.—With respect to users out-
side the Nation’s Reservation, the Nation may, for 
a term of not to exceed 100 years, assign, exchange, 
lease, provide an option to lease, or otherwise tempo-
rarily dispose of to the users, Central Arizona 
Project water to which the Nation is entitled under 
sections 304(a) and 306(a) or storage credits ac-
quired under section 308(e), if the assignment, ex-
change, lease, option, or temporary disposal is car-
ried out in accordance with—
‘‘(A) this subsection; and 
‘‘(B) subsection (b)(2). 
‘‘(2) LIMITATION ON ALIENATION.—The Nation 
shall not permanently alienate any water right under 
paragraph (1). 
‘‘(3) AUTHORIZED USES.—The water described 
in paragraph (1) shall be delivered within the Cen-
tral Arizona Project service area for any use author-
ized under applicable law. 
‘‘(4) CONTRACT.—An assignment, exchange, 
lease, option, or temporary disposal described in 
paragraph (1) shall be executed only in accordance 
with a contract that—
‘‘(A) is accepted by the Nation;
164
‘‘(B) is ratified under a resolution of the 
Legislative Council of the Nation; 
‘‘(C) is approved by the United States as 
Trustee; and 
‘‘(D) with respect to any contract to which 
the United States or the Secretary is a party, 
provides that an action 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 Secretary, as appro-
priate. 
‘‘(5) TERMS EXCEEDING 25 YEARS.—The terms 
and conditions established in paragraph 11 of the 
Tohono O’odham settlement agreement shall apply 
to any contract under paragraph (4) that has a term 
of greater than 25 years. 
‘‘(d) LIMITATIONS
ON
USE, EXCHANGES, 
AND 
LEASES.—The rights of the Nation to use water supplies 
under subsection (a), and to assign, exchange, lease, pro-
vide options to lease, or temporarily dispose of the water 
supplies under subsection (c), shall be exercised on condi-
tions that ensure, to the maximum extent practicable, the 
availability of water supplies to satisfy the first right of 
beneficial use under section 307(a)(1)(G)(i).
166
‘‘(g) AMENDMENT TO AGREEMENT OF DECEMBER 
11, 1980.—The Secretary shall amend the agreement of 
December 11, 1980 to provide that—
‘‘(1) the contract shall be—
‘‘(A) for permanent service (within the 
meaning of section 5 of the Boulder Canyon 
Project Act of 1928 (43 U.S.C. 617d)); and 
‘‘(B) without limit as to term; 
‘‘(2) the Nation may, with the approval of the 
Secretary—
‘‘(A) in accordance with subsection (c), as-
sign, exchange, lease, enter into an option to 
lease, or otherwise temporarily dispose of water 
to which the Nation is entitled under sections 
304(a) and 306(a); and 
‘‘(B) renegotiate any lease at any time 
during the term of the lease if the term of the 
renegotiated lease does not exceed 100 years; 
‘‘(3)(A) the Nation shall be entitled to all con-
sideration due to the Nation under any leases and 
any options to lease or exchanges or options to ex-
change the Nation’s Central Arizona Project water 
entered into by the Nation; and 
‘‘(B) the United States shall have no trust obli-
gation or other obligation to monitor, administer, or
167
account for any consideration received by the Nation 
under those leases or options to lease and exchanges 
or options to exchange; 
‘‘(4)(A) all of the Nation’s Central Arizona 
Project water shall be delivered through the Central 
Arizona Project aqueduct; and 
‘‘(B) if the delivery capacity of the Central Ari-
zona Project aqueduct is significantly reduced or is 
anticipated to be significantly reduced for an ex-
tended period of time, the Nation shall have the 
same Central Arizona Project delivery rights as 
other Central Arizona Project contractors and Cen-
tral Arizona Project subcontractors, if the Central 
Arizona Project contractors or Central Arizona 
Project subcontractors are allowed to take delivery 
of water other than through the Central Arizona 
Project aqueduct; 
‘‘(5) the Nation may use the Nation’s Central 
Arizona Project water on or off of the Nation’s Res-
ervation for the purposes of the Nation consistent 
with this title; 
‘‘(6) as authorized by subparagraph (A) of sec-
tion 403(f)(2) of the Colorado River Basin Project 
Act (43 U.S.C. 1543(f)(2)) (as amended by section 
107(a)) and to the extent that funds are available in
168
the Lower Colorado River Basin Development Fund 
established by section 403 of that Act (43 U.S.C. 
1543), the United States shall pay to the Central 
Arizona Project operating agency the fixed oper-
ation, maintenance, and replacement charges associ-
ated with the delivery of the Nation’s Central Ari-
zona Project water, except for the Nation’s Central 
Arizona Project water leased by others; 
‘‘(7) the costs associated with the construction 
of the delivery and distribution system—
‘‘(A) shall be nonreimbursable; and 
‘‘(B) shall be excluded from any repayment 
obligation of the Nation; 
‘‘(8) no water service capital charges shall be 
due or payable for the Nation’s Central Arizona 
Project water, regardless of whether the Central Ari-
zona Project water is delivered for use by the Nation 
or is delivered pursuant to any leases or options to 
lease or exchanges or options to exchange the Na-
tion’s Central Arizona Project water entered into by 
the Nation; 
‘‘(9) the agreement of December 11, 1980, con-
forms with section 104(d) and section 306(a) of the 
Arizona Water Settlements Act; and
169
‘‘(10) the amendments required by this sub-
section shall not apply to the 8,000 acre feet of Cen-
tral Arizona Project water contracted by the Nation 
in the agreement of December 11, 1980 for the Sif 
Oidak District. 
‘‘(h) RATIFICATION OF AGREEMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, each of the agreements described in 
paragraph (2)—
‘‘(A) is authorized, ratified, and confirmed; 
and 
‘‘(B) shall be executed by the Secretary. 
‘‘(2) AGREEMENTS.—The agreements described 
in this paragraph are—
‘‘(A) the Tohono O’odham settlement 
agreement, to the extent that—
‘‘(i) the Tohono O’odham settlement 
agreement is consistent with this title; and 
‘‘(ii) parties to the Tohono O’odham 
settlement agreement other than the Sec-
retary have executed that agreement; 
‘‘(B) the Tucson agreement (attached to 
the Tohono O’odham settlement agreement as 
exhibit 12.1); and
170
‘‘(C)(i) the Asarco agreement (attached to 
the Tohono O’odham settlement agreement as 
exhibit 13.1 to the Tohono O’odham settlement 
agreement); 
‘‘(ii) lease No. H54–16–72, dated April 26, 
1972, and approved by the United States on 
November 14, 1972; and 
‘‘(iii) any new well site lease as provided 
for in the Asarco agreement; and 
‘‘(D) the FICO agreement (attached to the 
Tohono O’odham settlement agreement as Ex-
hibit 14.1). 
‘‘(3) RELATION TO OTHER LAW.—
‘‘(A) IN
GENERAL.—Execution of an 
agreement described in paragraph (2) shall not 
constitute major Federal action under the Na-
tional Environmental Policy Act (42 U.S.C. 
4321 et seq.). 
‘‘(B) ENVIRONMENTAL
COMPLIANCE
AC-
TIVITIES.—The Secretary shall carry out all 
necessary environmental compliance activities 
during the implementation of the agreements 
described in paragraph (2), including activities 
under—
171
‘‘(i) the National Environmental Pol-
icy Act (42 U.S.C. 4321 et seq.); and 
‘‘(ii) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
‘‘(C) LEAD AGENCY.—The Bureau of Rec-
lamation shall be the lead agency with respect 
to environmental compliance under the agree-
ments described in paragraph (2). 
‘‘(i) DISBURSEMENTS
FROM
TUCSON
INTERIM 
WATER LEASE.—The Secretary shall disburse to the Na-
tion, without condition, all proceeds from the Tucson in-
terim water lease. 
‘‘(j) USE OF GROSS PROCEEDS.—
‘‘(1) DEFINITION
OF
GROSS
PROCEEDS.—In 
this subsection, the term ‘gross proceeds’ means all 
proceeds, without reduction, received by the Nation 
from—
‘‘(A) the Tucson interim water lease; 
‘‘(B) the Asarco agreement; and 
‘‘(C) any agreement similar to the Asarco 
agreement to store Central Arizona Project 
water of the Nation, instead of pumping 
groundwater, for the purpose of protecting 
water of the Nation.
172
‘‘(2) ENTITLEMENT.—The Nation shall be enti-
tled to receive all gross proceeds. 
‘‘(k) STATUTORY CONSTRUCTION.—Nothing in this 
title establishes whether reserved water may be put to use, 
or sold for use, off any reservation to which reserved water 
rights attach. 
‘‘SEC. 310. COOPERATIVE FUND. 
‘‘(a) REAUTHORIZATION.—
‘‘(1) IN GENERAL.—Congress reauthorizes, for 
use in carrying out this title, the cooperative fund 
established in the Treasury of the United States by 
section 313 of the 1982 Act. 
‘‘(2) AMOUNTS IN COOPERATIVE FUND.—The 
cooperative fund shall consist of—
‘‘(A)(i) $5,250,000, as appropriated to the 
cooperative fund under section 313(b)(3)(A) of 
the 1982 Act; and 
‘‘(ii) 
such 
amount, 
not 
to 
exceed 
$32,000,000, as the Secretary determines, after 
providing notice to Congress, is necessary to 
carry out this title; 
‘‘(B) any additional Federal funds depos-
ited to the cooperative fund under Federal law;
173
‘‘(C) $5,250,000, as deposited in the coop-
erative fund under section 313(b)(1)(B) of the 
1982 Act, of which—
‘‘(i) $2,750,000 was contributed by 
the State; 
‘‘(ii) $1,500,000 was contributed by 
the city of Tucson; and 
‘‘(iii) $1,000,000 was contributed 
by—
‘‘(I) the Anamax Mining Com-
pany; 
‘‘(II) the Cyprus-Pima Mining 
Company; 
‘‘(III) the American Smelting 
and Refining Company; 
‘‘(IV) the Duval Corporation; and 
‘‘(V) the Farmers Investment 
Company; 
‘‘(D) all interest accrued on all amounts in 
the cooperative fund beginning on October 12, 
1982, less any interest expended under sub-
section (b)(2); and 
‘‘(E) all revenues received from—
‘‘(i) the sale or lease of effluent re-
ceived by the Secretary under the contract
174
between the United States and the city of 
Tucson to provide for delivery of reclaimed 
water to the Secretary, dated October 11, 
1983; and 
‘‘(ii) the sale or lease of storage cred-
its derived from the storage of that efflu-
ent. 
‘‘(b) EXPENDITURES FROM FUND.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
upon request by the Secretary, the Secretary of the 
Treasury shall transfer from the cooperative fund to 
the Secretary such amounts as the Secretary deter-
mines are necessary to carry out obligations of the 
Secretary under this title, including to pay—
‘‘(A) the variable costs relating to the de-
livery of water under sections 304 through 306; 
‘‘(B) fixed operation maintenance and re-
placement costs relating to the delivery of water 
under sections 304 through 306, to the extent 
that funds are not available from the Lower 
Colorado River Basin Development Fund to pay 
those costs; 
‘‘(C) the costs of acquisition and delivery 
of water from alternative sources under section 
305; and
175
‘‘(D) any compensation provided by the 
Secretary under section 305(e). 
‘‘(2) EXPENDITURE
OF
INTEREST.—With re-
spect to interest income accruing from amounts in 
the cooperative fund—
‘‘(A) except as provided in paragraph (3), 
the Secretary of the Interior may expend only 
interest income accruing after the effective 
date; and 
‘‘(B) that interest income may be expended 
by the Secretary of the Interior, without further 
appropriation. 
‘‘(3) EXPENDITURE OF REVENUES.—Revenues 
described in subpargraph (a)(2)(E) shall be available 
for expenditure under paragraph (1). 
‘‘(c) INVESTMENT OF AMOUNTS.—
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury shall invest such portion of the cooperative 
fund as is not, in the judgment of the Secretary of 
the Treasury, required to meet current withdrawals 
determined by the Secretary. Investments may be 
made only in interest-bearing obligations of the 
United States. 
‘‘(2) CREDITS
TO
COOPERATIVE
FUND.—The 
interest on, and the proceeds from the sale or re-
176
demption of, any obligations held in the cooperative 
fund shall be credited to and form a part of the co-
operative fund. 
‘‘(d) TRANSFERS OF AMOUNTS.—
‘‘(1) IN GENERAL.—The amounts required to 
be transferred to the cooperative fund under this 
section shall be transferred at least monthly from 
the general fund of the Treasury to the cooperative 
fund on the basis of estimates made by the Sec-
retary of the Treasury. 
‘‘(2) ADJUSTMENTS.—Proper adjustment shall 
be made in amounts subsequently transferred to the 
extent prior estimates were in excess of or less than 
the amounts required to be transferred. 
‘‘SEC. 311. CONTRACTING AUTHORITY; WATER QUALITY; 
STUDIES; ARID LAND ASSISTANCE. 
‘‘(a) FUNCTIONS OF SECRETARY.—Except as pro-
vided in subsection (f), the functions of the Secretary (or 
the Commissioner of Reclamation, acting on behalf of the 
Secretary) under this title shall be subject to the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) to the same extent as if those func-
tions were carried out by the Assistant Secretary for In-
dian Affairs. 
‘‘(b) SAN XAVIER DISTRICT AS CONTRACTOR.—
177
‘‘(1) IN GENERAL.—Subject to the consent of 
the Nation and other requirements under section 
307(a)(1)(E), the San Xavier District shall be con-
sidered to be an eligible contractor for purposes of 
this title. 
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 
shall provide to the San Xavier District technical as-
sistance in carrying out the contracting require-
ments under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(c) GROUNDWATER MONITORING PROGRAMS.—
‘‘(1) SAN XAVIER INDIAN RESERVATION PRO-
GRAM.—
‘‘(A) IN
GENERAL.—Not later than 180 
days after the enforceability date, the Secretary 
shall design and carry out a comprehensive 
groundwater monitoring program (including the 
drilling of wells and other appropriate actions) 
to test, assess, and provide for the long-term 
monitoring of the quality of groundwater with-
drawn from exempt wells and other wells within 
the San Xavier Reservation. 
‘‘(B) LIMITATION ON EXPENDITURES.—In 
carrying out this paragraph, the Secretary shall 
expend not more than $215,000.
178
‘‘(2) EASTERN
SCHUK
TOAK
DISTRICT
PRO-
GRAM.—
‘‘(A) IN
GENERAL.—Not later than 180 
days after the enforceability date, the Secretary 
shall design and carry out a comprehensive 
groundwater monitoring program (including the 
drilling of wells and other appropriate actions) 
to test, assess, and provide for the long-term 
monitoring of the quality of groundwater with-
drawn from exempt wells and other wells within 
the eastern Schuk Toak District. 
‘‘(B) LIMITATION ON EXPENDITURES.—In 
carrying out this paragraph, the Secretary shall 
expend not more than $175,000. 
‘‘(3) DUTIES OF SECRETARY.—
‘‘(A) CONSULTATION.—In carrying out 
paragraphs (1) and (2), the Secretary shall con-
sult with representatives of—
‘‘(i) the Nation; 
‘‘(ii) the San Xavier District and 
Schuk Toak District, respectively; and 
‘‘(iii) appropriate State and local enti-
ties. 
‘‘(B) LIMITATION
ON
OBLIGATIONS
OF 
SECRETARY.—With respect to the groundwater
179
monitoring programs described in paragraphs 
(1) and (2), the Secretary shall have no con-
tinuing obligation relating to those programs 
beyond the obligations described in those para-
graphs. 
‘‘(d) WATER RESOURCES STUDY.—To assist the Na-
tion in developing sources of water, the Secretary shall 
conduct a study to determine the availability and suit-
ability of water resources that are located—
‘‘(1) within the Nation’s Reservation; but 
‘‘(2) outside the Tucson management area. 
‘‘(e) ARID LAND RENEWABLE RESOURCES.—If a 
Federal entity is established to provide financial assistance 
to carry out arid land renewable resources projects and 
to encourage and ensure investment in the development 
of domestic sources of arid land renewable resources, the 
entity shall—
‘‘(1) give first priority to the needs of the Na-
tion in providing that assistance; and 
‘‘(2) make available to the Nation, San Xavier 
District, Schuk Toak District, and San Xavier Coop-
erative Association price guarantees, loans, loan 
guarantees, purchase agreements, and joint venture 
projects at a level that the entity determines will—
180
‘‘(A) facilitate the cultivation of such min-
imum number of acres as is determined by the 
entity to be necessary to ensure economically 
successful cultivation of arid land crops; and 
‘‘(B) contribute significantly to the econ-
omy of the Nation. 
‘‘(f) ASARCO LAND EXCHANGE STUDY.—
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the enforceability date, the Secretary, in con-
sultation with the Nation, the San Xavier District, 
the San Xavier Allottees’ Association, and Asarco, 
shall conduct and submit to Congress a study on the 
feasibility of a land exchange or land exchanges with 
Asarco to provide land for future use by—
‘‘(A) beneficial landowners of the Mission 
Complex Mining Leases of September 18, 1959; 
and 
‘‘(B) beneficial landowners of the Mission 
Complex Business Leases of May 12, 1959. 
‘‘(2) COMPONENTS.—The study under para-
graph (1) shall include—
‘‘(A) an analysis of the manner in which 
land exchanges could be accomplished to main-
tain a contiguous land base for the San Xavier 
Reservation; and
181
‘‘(B) a description of the legal status ex-
changed land should have to maintain the polit-
ical integrity of the San Xavier Reservation. 
‘‘(3) LIMITATION ON EXPENDITURES.—In car-
rying out this paragraph, the Secretary shall expend 
not more than $250,000. 
‘‘SEC. 312. WAIVER AND RELEASE OF CLAIMS. 
‘‘(a) WAIVER OF CLAIMS BY THE NATION.—Except 
as provided in subsection (d), the Tohono O’odham settle-
ment agreement shall provide that the Nation waives and 
releases—
‘‘(1) any and all past, present, and future 
claims for water rights (including claims based on 
aboriginal occupancy) arising from time immemorial 
and, thereafter, forever, and claims for injuries to 
water rights arising from time immemorial through 
the enforceability date, for land within the Tucson 
management area, against—
‘‘(A) the State (or any agency or political 
subdivision of the State); 
‘‘(B) any municipal corporation; and 
‘‘(C) any other person or entity; 
‘‘(2) any and all claims for water rights arising 
from time immemorial and, thereafter, forever, 
claims for injuries to water rights arising from time
182
immemorial through the enforceability date, and 
claims for failure to protect, acquire, or develop 
water rights for land within the San Xavier Reserva-
tion and the eastern Schuk Toak District from time 
immemorial through the enforceability date, against 
the United States (including any agency, officer, and 
employee of the United States); 
‘‘(3) any and all claims for injury to water 
rights arising after the enforceability date for land 
within the San Xavier Reservation and the eastern 
Schuk Toak District resulting from the off-Reserva-
tion diversion or use of water in a manner not in 
violation of the Tohono O’odham settlement agree-
ment or State law against—
‘‘(A) the United States;
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity; 
‘‘(4) any and all past, present, and future 
claims arising out of or relating to the negotiation 
or execution of the Tohono O’odham settlement 
agreement or the negotiation or enactment of this 
title, against—
‘‘(A) the United States;
183
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity. 
‘‘(b) WAIVER OF CLAIMS BY THE ALLOTTEE CLASS-
ES.—The Tohono O’odham settlement agreement shall 
provide that each allottee class waives and releases—
‘‘(1) any and all past, present, and future 
claims for water rights (including claims based on 
aboriginal occupancy) arising from time immemorial 
and, thereafter, forever, claims for injuries to water 
rights arising from time immemorial through the en-
forceability date for land within the San Xavier Res-
ervation, against—
‘‘(A) the State (or any agency or political 
subdivision of the State); 
‘‘(B) any municipal corporation; and 
‘‘(C) any other person or entity (other 
than the Nation); 
‘‘(2) any and all claims for water rights arising 
from time immemorial and, thereafter, forever, 
claims for injuries to water rights arising from time 
immemorial through the enforceability date, and 
claims for failure to protect, acquire, or develop 
water rights for land within the San Xavier Reserva-
184
tion from time immemorial through the enforce-
ability date, against the United States (including 
any agency, officer, and employee of the United 
States); 
‘‘(3) any and all claims for injury to water 
rights arising after the enforceability date for land 
within the San Xavier Reservation resulting from 
the off-Reservation diversion or use of water in a 
manner not in violation of the Tohono O’odham set-
tlement agreement or State law against—
‘‘(A) the United States; 
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity; and 
‘‘(4) any and all past, present, and future 
claims arising out of or relating to the negotiation 
or execution of the Tohono O’odham settlement 
agreement or the negotiation or enactment of this 
title, against—
‘‘(A) the United States; 
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity; and
185
‘‘(5) any and all past, present, and future 
claims for water rights arising from time immemo-
rial and, thereafter, forever, and claims for injuries 
to water rights arising from time immemorial 
through the enforceability date, against the Nation 
(except that under section 307(a)(1)(G) and sub-
sections (a) and (b) of section 308, the allottees and 
fee owners of allotted land shall retain rights to 
share in the water resources granted or confirmed 
under this title and the Tohono O’odham settlement 
agreement with respect to uses within the San Xa-
vier Reservation). 
‘‘(c) WAIVER OF CLAIMS BY THE UNITED STATES.—
Except as provided in subsection (d), the Tohono O’odham 
settlement agreement shall provide that the United States 
as Trustee waives and releases—
‘‘(1) any and all past, present, and future 
claims for water rights (including claims based on 
aboriginal occupancy) arising from time immemorial 
and, thereafter, forever, and claims for injuries to 
water rights arising from time immemorial through 
the enforceability date, for land within the Tucson 
management area or State law against—
‘‘(A) the Nation;
186
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity; 
‘‘(2) any and all claims for injury to water 
rights arising after the enforceability date for land 
within the San Xavier Reservation and the eastern 
Schuk Toak District resulting from the off-Reserva-
tion diversion or use of water in a manner not in 
violation of the Tohono O’odham settlement agree-
ment or State law against—
‘‘(A) the Nation; 
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity; 
‘‘(3) on and after the enforceability date, any 
and all claims on behalf of the allottees for injuries 
to water rights against the Nation (except that 
under section 307(a)(1)(G) and subsections (a) and 
(b) of section 308, the allottees shall retain rights to 
share in the water resources granted or confirmed 
under this title and the Tohono O’odham settlement 
agreement with respect to uses within the San Xa-
vier Reservation); and
187
‘‘(4) contingent on the effectiveness of a waiver 
of such claims as are provided for in the Asarco 
agreement, claims against Asarco on behalf of the 
allottee class for the fourth cause of action in the Al-
varez case, as defined in the Tohono O’odham settle-
ment agreement. 
‘‘(d) CLAIMS RELATING TO GROUNDWATER PROTEC-
TION PROGRAM.—The Nation and the United States as 
Trustee—
‘‘(1) shall have the right to assert any claims 
granted by a State law implementing the ground-
water protection program described in paragraph 8.8 
of the Tohono O’odham settlement agreement; and 
‘‘(2) if, after the enforceability date, the State 
law is amended so as to have a material adverse ef-
fect on the Nation, shall have a right to relief in the 
State court having jurisdiction over Gila River adju-
dication proceedings and decrees, against an owner 
of any nonexempt well drilled after the effective date 
of the amendment (if the well actually and substan-
tially interferes with groundwater pumping occurring 
on the San Xavier Reservation), from the incre-
mental effect of the groundwater pumping that ex-
ceeds that which would have been allowable had the 
State law not been amended.
188
‘‘(e) SUPPLEMENTAL WAIVERS
OF CLAIMS.—Any 
party to the Tohono O’odham settlement agreement may 
waive and release, prohibit the assertion of, or agree not 
to assert, any claims (including claims for subsidence dam-
age or injury to water quality) in addition to claims for 
water rights and injuries to water rights on such terms 
and conditions as may be agreed to by the parties. 
‘‘(f) RIGHTS
OF
ALLOTTEES; PROHIBITION
OF 
CLAIMS.—
‘‘(1) IN
GENERAL.—As of the enforceability 
date—
‘‘(A) the water rights and other benefits 
granted or confirmed by this title and the 
Tohono O’odham settlement agreement shall be 
in full satisfaction of—
‘‘(i) all claims for water rights and 
claims for injuries to water rights of the 
Nation; and 
‘‘(ii) all claims for water rights and 
injuries to water rights of the allottees; 
‘‘(B) any entitlement to water within the 
Tucson management area of the Nation, or of 
any allottee, shall be satisfied out of the water 
resources granted or confirmed under this title
189
and the Tohono O’odham settlement agreement; 
and 
‘‘(C) any rights of the allottees to ground-
water, surface water, or effluent shall be limited 
to the water rights granted or confirmed under 
this title and the Tohono O’odham settlement 
agreement. 
‘‘(2) LIMITATION
OF
CERTAIN
CLAIMS
BY 
ALLOTTEES.—No allottee within the San Xavier 
Reservation may—
‘‘(A) assert any past, present, or future 
claim for water rights arising from time imme-
morial and, thereafter, forever, or any claim for 
injury to water rights (including future injury 
to water rights) arising from time immemorial 
and thereafter, forever, against—
‘‘(i) the United States; 
‘‘(ii) the State (or any agency or polit-
ical subdivision of the State); 
‘‘(iii) any municipal corporation; or 
‘‘(iv) any other person or entity; or 
‘‘(B) continue to assert a claim described 
in subparagraph (A), if the claim was first as-
serted before the enforceability date.
190
‘‘(3) CLAIMS BY FEE OWNERS OF ALLOTTED 
LAND.—
‘‘(A) IN GENERAL.—No fee owner of allot-
ted land within the San Xavier Reservation may 
assert any claim to the extent that—
‘‘(i) the claim has been waived and re-
leased in the Tohono O’odham settlement 
agreement; and 
‘‘(ii) the fee owner of allotted land as-
serting the claim is a member of the appli-
cable allottee class. 
‘‘(B) OFFSET.—Any benefits awarded to a 
fee owner of allotted land as a result of a suc-
cessful claim shall be offset by benefits received 
by that fee owner of allotted land under this 
title. 
‘‘(4) LIMITATION OF CLAIMS AGAINST THE NA-
TION.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no allottee may assert 
against the Nation any claims for water rights 
arising from time immemorial and, thereafter, 
forever, claims for injury to water rights arising 
from time immemorial and thereafter forever.
191
‘‘(B) 
EXCEPTION.—Under 
section 
307(a)(1)(G) and subsections (a) and (b) of 
section 308, the allottees shall retain rights to 
share in the water resources granted or con-
firmed under this title and the Tohono 
O’odham settlement agreement. 
‘‘(g) CONSENT.—
‘‘(1) GRANT OF CONSENT.—Congress grants to 
the Nation and the San Xavier Cooperative Associa-
tion under section 305(d) consent to maintain civil 
actions against the United States in the courts of 
the United States under section 1346, 1491, or 
1505 of title 28, United States Code, respectively, to 
recover damages, if any, for the breach of any obli-
gation of the Secretary under those sections. 
‘‘(2) NO SUFFICIENT FUNDS DEFENSE.—The 
lack of sufficient funds in the cooperative fund to 
carry out the obligations of the Secretary may not 
be raised by the United States as a defense to any 
claim asserted under paragraph (1). 
‘‘(3) REMEDY.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the exclusive remedy for a civil ac-
tion maintained under this subsection shall be 
monetary damages.
192
‘‘(B) OFFSET.—An award for damages for 
a claim under this subsection shall be offset 
against the amount of funds—
‘‘(i) made available by any Act of 
Congress; and 
‘‘(ii) paid to the claimant by the Sec-
retary in partial or complete satisfaction of 
the claim. 
‘‘(4) NO
CLAIMS
ESTABLISHED.—Except as 
provided in paragraph (1), nothing in the subsection 
establishes any claim against the United States. 
‘‘(h) JURISDICTION; WAIVER
OF IMMUNITY; PAR-
TIES.—
‘‘(1) JURISDICTION.—
‘‘(A) IN GENERAL.—Except as provided in 
subsection (i), the State court having jurisdic-
tion over Gila River adjudication proceedings 
and decrees, shall have jurisdiction over—
‘‘(i) civil actions relating to the inter-
pretation and enforcement of—
‘‘(I) this title; 
‘‘(II) the Tohono O’odham settle-
ment agreement; and 
‘‘(III) agreements referred to in 
section 309(h)(2); and
193
‘‘(ii) civil actions brought by or 
against the allottees or fee owners of allot-
ted land for the interpretation of, or legal 
or equitable remedies with respect to, 
claims of the allottees or fee owners of al-
lotted land that are not claims for water 
rights, injuries to water rights or other 
claims that are barred or waived and re-
leased under this title or the Tohono 
O’odham settlement agreement. 
‘‘(B) LIMITATION.—Except as provided in 
subparagraph (A), no State court or court of 
the Nation shall have jurisdiction over any civil 
action described in subparagraph (A). 
‘‘(2) WAIVER.—
‘‘(A) IN
GENERAL.—The United States 
and the Nation waive sovereign immunity solely 
for claims for—
‘‘(i) declaratory judgment or injunc-
tive relief in any civil action arising under 
this title; and 
‘‘(ii) such claims and remedies as may 
be prescribed in any agreement authorized 
under this title.
194
‘‘(B) LIMITATION
ON
STANDING.—If a 
governmental entity not described in subpara-
graph (A) asserts immunity in any civil action 
that arises under this title (unless the entity 
waives immunity for declaratory judgment or 
injunctive relief) or any agreement authorized 
under this title (unless the entity waives immu-
nity for the claims and remedies prescribed in 
the agreement)—
‘‘(i) the governmental entity shall not 
have standing to initiate or assert any 
claim, or seek any remedy against the 
United States or the Nation, in the civil 
action; and 
‘‘(ii) the waivers of sovereign immu-
nity under subparagraph (A) shall have no 
effect in the civil action. 
‘‘(C) MONETARY RELIEF.—A waiver of im-
munity under this paragraph shall not extend 
to any claim for damages, costs, attorneys’ fees, 
or other monetary relief. 
‘‘(3) NATION AS A PARTY.—
‘‘(A) IN
GENERAL.—Not later than 60 
days before the date on which a civil action 
under paragraph (1)(A)(ii) is filed by an allot-
195
tee or fee owner of allotted land, the allottee or 
fee owner, as the case may be, shall provide to 
the Nation a notice of intent to file the civil ac-
tion, accompanied by a request for consultation. 
‘‘(B) JOINDER.—If the Nation is not a 
party to a civil action as originally commenced 
under paragraph (1)(A)(ii), the Nation shall be 
joined as a party. 
‘‘(i) REGULATION AND JURISDICTION OVER DISPUTE 
RESOLUTION.—
‘‘(1) REGULATION.—The Nation shall have ju-
risdiction to manage, control, permit, administer, 
and otherwise regulate the water resources granted 
or confirmed under this title and the Tohono 
O’odham settlement agreement—
‘‘(A) with respect to the use of those re-
sources by—
‘‘(i) the Nation; 
‘‘(ii) individual members of the Na-
tion; 
‘‘(iii) districts of the Nation; and 
‘‘(iv) allottees; and 
‘‘(B) with respect to any entitlement to 
those resources for which a fee owner of allot-
196
ted land has received a final determination 
under applicable law. 
‘‘(2) JURISDICTION.—Subject to a requirement 
of exhaustion of any administrative or other rem-
edies prescribed under the laws of the Nation, juris-
diction over any disputes relating to the matters de-
scribed in paragraph (1) shall be vested in the 
courts of the Nation. 
‘‘(3) APPLICABLE
LAW.—The regulatory and 
remedial procedures referred to in paragraphs (1) 
and (2) shall be subject to all applicable law. 
‘‘(j) FEDERAL JURISDICTION.—The Federal Courts 
shall have concurrent jurisdiction over actions described 
in subsection 312(h) to the extent otherwise provided in 
Federal law. 
‘‘SEC. 313. AFTER-ACQUIRED TRUST LAND. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b)—
‘‘(1) the Nation may seek to have taken into 
trust by the United States, for the benefit of the 
Nation, legal title to additional land within the State 
and outside the exterior boundaries of the Nation’s 
Reservation only in accordance with an Act of Con-
gress specifically authorizing the transfer for the 
benefit of the Nation;