(b) PURPOSES.—The purposes of this Act are— 
(1) to authorize, ratify, and confirm the Agree-
ment; 
(2) to authorize and direct the Secretary to exe-
cute the Agreement and carry out all obligations of 
the Secretary under the Agreement; 
(3) to authorize the actions and appropriations 
necessary for the United States to meet the obliga-
tions of the United States under the Agreement and 
this Act; and 
(4) to permanently resolve certain damage 
claims and all water rights claims among— 
(A) the Tribe and its members; 
(B) the United States in its capacity as 
trustee for the Tribe and its members; 
(C) the parties to the Agreement; and 
(D) all other claimants in the proceedings 
referred to in subsection (a)(1). 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGREEMENT.—The ‘‘Agreement’’ means— 
(A) the WMAT Water Rights Quantifica-
tion Agreement dated January 13, 2009; and 
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(B) any amendment or exhibit (including 
exhibit amendments) to that agreement that 
are— 
(i) made in accordance with this Act; 
or 
(ii) otherwise approved by the Sec-
retary. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) CAP.—The term ‘‘CAP’’ means the rec-
lamation project authorized and constructed by the 
United States in accordance with title III of the Col-
orado River Basin Project Act (43 U.S.C. 1521 et 
seq.). 
(4) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’ means an individual or entity that has en-
tered into a long-term contract (as that term is used 
in the repayment stipulation) with the United States 
for delivery of water through the CAP system. 
(5) CAP FIXED
OM&R
CHARGE.—The term 
‘‘CAP fixed OM&R charge’’ has the meaning given 
the term in the repayment stipulation. 
(6) CAP M&I
PRIORITY
WATER.—The term 
‘‘CAP M&I priority water’’ means the CAP water 
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having a municipal and industrial delivery priority 
under the repayment contract. 
(7) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means an individual or entity that 
has entered into a long-term subcontract (as that 
term is used in the repayment stipulation) with the 
United States and the District for the delivery of 
water through the CAP system. 
(8) CAP SYSTEM.—The term ‘‘CAP system’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant 
works of a feature described in any of subpara-
graphs (A) through (D); and 
(F) any extension of, addition to, or re-
placement for a feature described in any of sub-
paragraphs (A) through (E). 
(9) CAP WATER.—The term ‘‘CAP water’’ 
means ‘‘Project Water’’ (as that term is defined in 
the repayment stipulation). 
(10) 
CONTRACT.—The 
term 
‘‘Contract’’ 
means— 
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(A) the contract between the Tribe and the 
United States attached as exhibit 7.1 to the 
Agreement and numbered 08–XX–30–W0529 
and dated øllll¿; and 
(B) any amendments to that contract. 
(11) DISTRICT.—The term ‘‘District’’ means 
the Central Arizona Water Conservation District, a 
political subdivision of the State that is the con-
tractor under the repayment contract. 
(12) ENFORCEABILITY DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 12(c)(1). 
(13) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means an interference with, dimi-
nution of, or deprivation of, a water right under 
Federal, State, or other law. 
(B) INCLUSIONS.—The term ‘‘injury to 
water rights’’ includes— 
(i) a change in the groundwater table; 
and 
(ii) any effect of such a change. 
(C) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include any injury to 
water quality. 
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(14) OFF-RESERVATION
TRUST
LAND.—The 
term ‘‘off-reservation trust land’’ means land— 
(A) located outside the exterior boundaries 
of the reservation that is held in trust by the 
United States for the benefit of the Tribe as of 
the enforceability date; and 
(B) depicted on the map attached to the 
Agreement as exhibit 2.57. 
(15) OPERATING
AGENCY.—The term ‘‘Oper-
ating Agency’’ means the 1 or more entities author-
ized to assume responsibility for the care, operation, 
maintenance, and replacement of the CAP system. 
(16) REPAYMENT CONTRACT.—The term ‘‘re-
payment contract’’ means— 
(A) the contract between the United States 
and the District for delivery of water and re-
payment of the costs of the CAP, numbered 
14–06–W–245 (Amendment No. 1), and dated 
December 1, 1988; and 
(B) any amendment to, or revision of, that 
contract. 
(17) REPAYMENT
STIPULATION.—The term 
‘‘repayment stipulation’’ means the stipulated judg-
ment and the stipulation for judgment (including 
any exhibits to those documents) entered on Novem-
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ber 21, 2007, in the United States District Court 
for the District of Arizona in the consolidated civil 
action styled Central Arizona Water Conservation 
District v. United States, et al., and numbered CIV 
95–625–TUC–WDB (EHC) and CIV 95–1720– 
PHX–EHC. 
(18) RESERVATION.— 
(A) IN GENERAL.—The term ‘‘reservation’’ 
means the land within the exterior boundary of 
the White Mountain Indian Reservation estab-
lished by the Executive order dated November 
9, 1871, as modified by subsequent Executive 
orders and Acts of Congress— 
(i) known on the date of enactment of 
this Act as the ‘‘Fort Apache Reservation’’ 
pursuant to the Act of June 7, 1897 (30 
Stat. 62, chapter 3); and 
(ii) generally depicted on the map at-
tached to the Agreement as exhibit 2.81. 
(B) NO EFFECT ON DISPUTE OR AS ADMIS-
SION.—The depiction of the reservation de-
scribed in subparagraph (A)(ii) shall not— 
(i) be used to affect any dispute be-
tween the Tribe and the United States 
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(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL COMPLIANCE.—In imple-
menting the Agreement, the Secretary shall prompt-
ly comply with all applicable requirements of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION OF AGREEMENT.— 
(A) IN GENERAL.—Execution of the Agree-
ment by the Secretary under this section shall 
not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(B) ENVIRONMENTAL COMPLIANCE.—The 
Secretary shall carry out all necessary environ-
mental compliance required by Federal law in 
implementing the Agreement. 
(3) LEAD AGENCY.—The Bureau shall serve as 
the lead agency with respect to ensuring environ-
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mental compliance associated with the WMAT rural 
water system. 
SEC. 5. WATER RIGHTS. 
(a) RIGHTS HELD
IN TRUST.—The tribal water 
rights shall be held in trust by the United States on behalf 
of Tribe. 
(b) REALLOCATION.— 
(1) IN GENERAL.—In accordance with this Act 
and the Agreement, the Secretary shall reallocate to 
the Tribe, and offer to enter into a contract with the 
Tribe for the delivery in accordance with this section 
of— 
(A) an annual entitlement to 23,782 acre- 
feet per year of CAP water that has a non-In-
dian agricultural delivery priority (as defined in 
the Contract) in accordance with section 
104(a)(1)(A)(iii) of the Arizona Water Settle-
ments Act (Public Law 108–451; 118 Stat. 
3488), of which— 
(i) 3,750 acre-feet per year shall be 
firmed by the United States for the benefit 
of the Tribe for the 100-year period begin-
ning on January 1, 2008, with priority 
equivalent to CAP M&I priority water, in 
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accordance with section 105(b)(1)(B) of 
that Act (118 Stat. 3492); and 
(ii) 3,750 acre-feet per year shall be 
firmed by the State for the benefit of the 
Tribe for the 100-year period beginning on 
January 1, 2008, with priority equivalent 
to CAP M&I priority water, in accordance 
with section 105(b)(2)(B) of that Act (118 
Stat. 3492); and 
(B) an annual entitlement to 1,218 acre- 
feet per year of the water— 
(i) acquired by the Secretary through 
the permanent relinquishment of the 
Harquahala Valley Irrigation District CAP 
subcontract entitlement in accordance with 
the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Ir-
rigation District, and the United States; 
and 
(ii) converted to CAP Indian Priority 
water (as defined in the Contract) pursu-
ant to the Fort McDowell Indian Commu-
nity Water Rights Settlement Act of 1990 
(Public Law 101–628; 104 Stat. 4480). 
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(2) AUTHORITY OF TRIBE.—Subject to approval 
by the Secretary under section 6(a)(1), the Tribe 
shall have the sole authority to lease, distribute, ex-
change, or allocate the tribal CAP water described 
in paragraph (1). 
(c) WATER SERVICE CAPITAL CHARGES.—The Tribe 
shall not be responsible for any water service capital 
charge for tribal CAP water. 
(d) ALLOCATION AND REPAYMENT.—For the pur-
pose of determining the allocation and repayment of costs 
of any stages of the CAP constructed after November 21, 
2007, the costs associated with the delivery of water de-
scribed in subsection (b), regardless of whether the water 
is delivered for use by the Tribe or in accordance with 
any assignment, exchange, lease, option to lease, or other 
agreement for the temporary disposition of water entered 
into by Tribe, shall be— 
(1) nonreimbursable; and 
(2) excluded from the repayment obligation of 
the District. 
(e) WATER CODE.—Not later than 18 months after 
the enforceability date, the Tribe shall enact a water code 
that— 
(1) governs the tribal water rights; and 
(2) includes, at a minimum— 
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(A) provisions requiring the measurement, 
calculation, and recording of all diversions and 
depletions of water on the reservation and on 
off-reservation trust land; 
(B) terms of a water conservation plan, in-
cluding objectives, conservation measures, and 
an implementation timeline; 
(C) provisions requiring the approval of 
the Tribe for the severance and transfer of 
rights to the use of water from historically irri-
gated land identified in paragraph 11.3.2.1 of 
the Agreement to diversions and depletions on 
other non-historically irrigated land not located 
on the watershed of the same water source; and 
(D) provisions requiring the authorization 
of the Tribe for all diversions of water on the 
reservation and on off-reservation trust land by 
any individual or entity other than the Tribe. 
SEC. 6. CONTRACT. 
(a) IN GENERAL.—The Secretary shall enter into the 
Contract, in accordance with the Agreement, to provide, 
among other things, that— 
(1) the Tribe, on approval of the Secretary, 
may— 
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(A) enter into contracts or options to lease, 
contracts to exchange, or options to exchange 
tribal CAP water in Maricopa, Pinal, Pima, and 
Yavapai Counties in the State providing for the 
temporary delivery to any individual or entity of 
any portion of the tribal CAP water, subject to 
the condition that— 
(i) the term of the contract or option 
to lease shall not be longer than 100 years; 
(ii) the contracts or options to ex-
change shall be for the term provided in 
the contract or option; and 
(iii) a lease or option to lease pro-
viding for the temporary delivery of tribal 
CAP water shall require the lessee to pay 
to the Operating Agency all CAP fixed 
OM&R charges and all CAP pumping en-
ergy charges (as defined in the repayment 
stipulation) associated with the leased 
water; and 
(B) renegotiate any lease at any time dur-
ing the term of the lease, subject to the condi-
tion that the term of the renegotiated lease 
shall not exceed 100 years; 
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