I
106TH CONGRESS
1ST SESSION
H.R. 2647
To amend the Act entitled ‘‘An Act relating to the water rights of the
Ak-Chin Indian Community’’ to clarify certain provisions concerning the
leasing of such water rights, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 29, 1999
Mr. SHADEGG introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the Act entitled ‘‘An Act relating to the water
rights of the Ak-Chin Indian Community’’ to clarify cer-
tain provisions concerning the leasing of such water
rights, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONSTITUTIONAL AUTHORITY.
The Constitutional authority for this Act rests in ar-
ticle I, section 8, authorizing Congress to ‘‘regulate Com-
merce with foreign Nations, and among the several States,
and with the Indian tribes’’.
SEC. 2. TECHNICAL AMENDMENTS TO AK-CHIN WATER USE
ACT OF 1984.
(a) SHORT TITLE.—This section may be cited as the
‘‘Ak-Chin Water Use Amendments Act of 1999’’.
(b) AUTHORIZATION OF USE OF WATER.—Section
2(j) of the Act of October 19, 1984 (Public Law 98–530;
98 Stat. 2698), as amended by section 10 of the Act of
October 24, 1992 (Public Law 102–497; 106 Stat. 3258),
is amended to read as follows:
‘‘(j)(1) The Ak-Chin Indian Community (hereafter in
this Act referred to as the ‘Community’) shall have the
right to devote the permanent water supply provided for
by this Act to any use, including agricultural, municipal,
industrial, commercial, mining, recreational, or other ben-
eficial use, in the areas initially designated as the Pinal,
Phoenix, and Tucson Active Management Areas pursuant
to the Arizona Groundwater Management Act of 1980,
laws 1980, fourth special session, chapter 1. The Commu-
nity is authorized to lease or enter into options to lease,
to renew options to lease, to extend the initial terms of
leases for the same or a lesser term as the initial term
of the lease, to renew leases for the same or a lesser term
as the initial term of the lease, to exchange or temporarily
dispose of water to which it is entitled for the beneficial
use in the areas initially designated as the Pinal, Phoenix,
and Tucson Active Management Areas pursuant to the Ar-
izona Groundwater Management Act of 1980, laws 1980,
fourth special session, chapter 1.
‘‘(2) Notwithstanding paragraph (1), the initial term
of any lease entered into under this subsection shall not
exceed 100 years and the Community may not perma-
nently alienate any water right. In the event the Commu-
nity leases, enters into an option to lease, renews an option
to lease, extends a lease, renews a lease, or exchanges or
temporarily disposes of water, such action shall only be
valid pursuant to a contract that has been accepted and
ratified by a resolution of the Ak-Chin Indian Community
Council and approved and executed by the Secretary.’’.
(c) APPROVAL
OF LEASE
AND AMENDMENT
OF
LEASE.—The option and lease agreement among the Ak-
Chin Indian Community, the United States of America,
and Del Webb Corporation, dated as of December 14,
1996, and the Amendment Number One thereto among
the Ak-Chin Indian Community, the United States of
America, and Del Webb Corporation, dated as of January
7, 1999, are hereby ratified and approved. The Secretary
of the Interior is hereby authorized and directed to execute
Amendment Number One, and the restated agreement as
provided in Amendment Number One, not later than 60
days after the date of the enactment of this Act.
Æ