II
106TH CONGRESS
2D SESSION
H. R. 3291
IN THE SENATE OF THE UNITED STATES
JULY 26, 2000
Received
AN ACT
To provide for the settlement of the water rights claims
of the Shivwits Band of the Paiute Indian Tribe of
Utah, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shivwits Band of the
Paiute Indian Tribe of Utah Water Rights Settlement
Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is the official policy of the United States,
in keeping with its trust responsibility to Indian
tribes, to promote Indian self-determination and eco-
nomic self-sufficiency, and to settle the water rights
claims of Indian tribes to avoid lengthy and costly
litigation.
(2) Any meaningful policy of Indian self-deter-
mination and economic self-sufficiency requires the
development of viable Indian reservation economies.
(3) The quantification of water rights and the
development of water use facilities is essential to the
development of viable Indian reservation economies,
particularly in the arid Western States.
(4) The Act of March 3, 1891, provided for the
temporary support of the Shebit (or Shivwits) tribe
of Indians in Washington County, Utah, and appro-
priated moneys for the purchase of improvements on
lands along the Santa Clara River for the use of
said Indians. Approximately 26,880 acres in the
same area were set aside as a reservation for the
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Shivwits Band by Executive order dated April 21,
1916. Additional lands were added to the reservation
by Congress on May 28, 1937.
(5) The waters of the Santa Clara River are
fully appropriated except during high flow periods. A
water right was awarded to the United States for
the benefit of the Shivwits Band in the 1922 adju-
dication entitled St. George Santa Clara Field Co.,
et al. v. Newcastle Reclamation Co., et al., for ‘‘1.38
cubic feet of water per second for the irrigation of
83.2 acres of land and for culinary, domestic, and
stock watering purposes’’, but no provision has been
made for water resource development to benefit the
Shivwits Band. In general, the remainder of the
Santa Clara River’s flow is either diverted on the
reservation and delivered through a canal devoted
exclusively to non-Indian use that traverses the res-
ervation to a reservoir owned by the Ivins Irrigation
Company; dedicated to decreed and certificated
rights of irrigation companies downstream of the
reservation; or impounded in the Gunlock Reservoir
upstream of the reservation. The Band’s lack of ac-
cess to water has frustrated its efforts to achieve
meaningful self-determination and economic self-suf-
ficiency.
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(6) On July 21, 1980, the State of Utah, pur-
suant to title 73, chapter 4, Utah Code Ann., initi-
ated a statutory adjudication of water rights in the
Fifth Judicial District Court in Washington County,
Utah, Civil No. 800507596, which encompasses all
of the rights to the use of water, both surface and
underground, within the drainage area of the Virgin
River and its tributaries in Utah (‘‘Virgin River Ad-
judication’’), including the Santa Clara River Drain-
age (‘‘Santa Clara System’’).
(7) The United States was joined as a party in
the Virgin River Adjudication pursuant to section
666 of title 43, United States Code. On February
17, 1987, the United States filed a Statement of
Water User Claim asserting a water right based on
State law and a Federal reserved water rights claim
for the benefit of the Shivwits Band to water from
the Santa Clara River System. This was the only
claim the United States filed for any Indian tribe or
band in the Virgin River Adjudication within the pe-
riod allowed by Title 73, Chapter 4, Utah Code
Ann., which bars the filing of claims after the time
prescribed therein.
(8) The Virgin River adjudication will take
many years to conclude, entail great expense, and
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prolong uncertainty as to the availability of water
supplies, and thus, the parties have sought to settle
their dispute over water and reduce the burdens of
litigation.
(9) After lengthy negotiation, which included
participation by representatives of the United States
Government for the benefit of the Shivwits Band,
the State of Utah, the Shivwits Band, the Wash-
ington County Water Conservancy District, the city
of St. George, and others on the Santa Clara River
System, the parties have entered into agreements to
resolve all water rights claims between and among
themselves and to quantify the water right entitle-
ment of the Shivwits Band, and to provide for the
construction of water projects to facilitate the settle-
ment of these claims.
(10) Pursuant to the St. George Water Reuse
Project Agreement, the Santa Clara Project Agree-
ment, and the Settlement Agreement, the Shivwits
Band will receive the right to a total of 4,000 acre-
feet of water annually in settlement of its existing
State law claims and Federal reserved water right
claims.
(11) To advance the goals of Federal Indian
policy and consistent with the trust responsibility of
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the United States to the Shivwits Band, it is appro-
priate that the United States participate in the im-
plementation of the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, and
the Settlement Agreement in accordance with this
Act.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the Santa Clara
River for the Shivwits Band, and the United States
for the benefit of the Shivwits Band;
(2) to promote the self-determination and eco-
nomic self-sufficiency of the Shivwits Band, in part
by providing funds to the Shivwits Band for its use
in developing a viable reservation economy;
(3) to approve, ratify, and confirm the St.
George Water Reuse Project Agreement, the Santa
Clara Project Agreement, and the Settlement Agree-
ment, and the Shivwits Water Right described there-
in;
(4) to authorize the Secretary of the Interior to
execute the St. George Water Reuse Project Agree-
ment, the Santa Clara Project Agreement, and the
Settlement Agreement, and to take such actions as
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are necessary to implement these agreements in a
manner consistent with this Act; and
(5) to authorize the appropriation of funds nec-
essary for implementation of the St. George Water
Reuse Project Agreement, the Santa Clara Project
Agreement, and the Settlement Agreement.
SEC. 4. DEFINITIONS.
In this Act:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(2) UTAH.—The term ‘‘Utah’’ means the State
of Utah, by and through its Department of Natural
Resources.
(3) SHIVWITS
BAND.—The term ‘‘Shivwits
Band’’ means the Shivwits Band of the Paiute In-
dian Tribe of Utah, a constituent band of the Paiute
Indian Tribe of Utah, a federally recognized Indian
tribe organized under section 16 of the Indian Reor-
ganization Act of June 18, 1934 (48 Stat. 987; 25
U.S.C. 476), and the Act of April 3, 1980 (94 Stat.
317).
(4) PAIUTE INDIAN TRIBE OF UTAH.—The term
‘‘Paiute Indian Tribe of Utah’’ means the federally
recognized Indian Tribe organized under section 16
of the Indian Reorganization Act of June 18, 1934
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(48 Stat. 987; 25 U.S.C. 476), and the Act of April
3, 1980 (94 Stat. 317), comprised of five bands of
Southern Paiute Indians (Shivwits, Indian Peaks,
Cedar, Koosharem, and Kanosh Bands).
(5) DISTRICT.—The term ‘‘District’’ means the
Washington County Water Conservancy District, a
Utah water conservancy district.
(6) ST. GEORGE.—The term ‘‘St. George’’
means St. George City, a Utah municipal corpora-
tion.
(7) VIRGIN RIVER ADJUDICATION.—The term
‘‘Virgin River Adjudication’’ means the statutory ad-
judication of water rights initiated pursuant to title
73, chapter 4, Utah Code Ann. and pending in the
Fifth Judicial District Court in Washington County,
Utah, Civil No. 800507596.
(8) ST. 
GEORGE
WATER
REUSE
PROJECT
AGREEMENT.—The term ‘‘St. George Water Reuse
Project Agreement’’ means the agreement among
the United States for the benefit of the Shivwits
Band, Utah, the Shivwits Band, and St. George
City, together with all exhibits thereto, as the same
is approved and executed by the Secretary of the In-
terior pursuant to section 8 of this Act.
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(9) SANTA CLARA PROJECT AGREEMENT.—The
term ‘‘Santa Clara Project Agreement’’ means the
agreement among the United States for the benefit
of the Shivwits Band, Utah, the Shivwits Band, the
Washington County Water Conservancy District, St.
George City, the New Santa Clara Field Canal Com-
pany, the St. George Clara Field Canal Company,
the Ivins Irrigation Company, the Southgate Irriga-
tion Company, Bloomington Irrigation Company, Ed
Bowler, and the Lower Gunlock Reservoir Company,
together with all exhibits thereto, as the same is ap-
proved and executed by the Secretary of the Interior
pursuant to section 8 of this Act.
(10) SETTLEMENT
AGREEMENT.—The term
‘‘Settlement Agreement’’ means that agreement
among the United States for the benefit of the
Shivwits Band, Utah, the Shivwits Band, the Wash-
ington County Water Conservancy District, St.
George City, the New Santa Clara Field Canal Com-
pany, the St. George Clara Field Canal Company,
the Ivins Irrigation Company, the Southgate Irriga-
tion Company, Bloomington Irrigation Company, Ed
Bowler, and the Lower Gunlock Reservoir Company,
together with all exhibits thereto, as the same is ap-
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proved and executed by the Secretary of the Interior
pursuant to section 8 of this Act.
(11) SHIVWITS
WATER
RIGHT.—The term
‘‘Shivwits Water Right’’ means the water rights of
the Shivwits Band set forth in the Settlement Agree-
ment and as settled, confirmed, and ratified by sec-
tion 7 of this Act.
(12) SHIVWITS BAND TRUST FUND.—The term
‘‘Shivwits Band Trust Fund’’ means the Trust Fund
authorized in section 11 of this Act to further the
purposes of the Settlement Agreement and this Act.
(13) VIRGIN
RIVER
RESOURCE
MANAGEMENT
AND RECOVERY PROGRAM.—The term ‘‘Virgin River
Resource Management and Recovery Program’’
means the proposed multiagency program, to be ad-
ministered by the United States Fish and Wildlife
Service, Bureau of Land Management, National
Park Service, Utah, and the District, whose primary
purpose is to prioritize and implement native fish re-
covery actions that offset impacts due to future
water development in the Virgin River basin.
SEC. 5. ST. GEORGE WATER REUSE PROJECT.
(a) ST. GEORGE WATER REUSE PROJECT.—The St.
George Water Reuse Project shall consist of water treat-
ment facilities, a pipeline, and associated pumping and de-
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livery facilities owned and operated by St. George, which
is a component of, and shall divert water from, the Water
Reclamation Facility located in St. George, Utah, and
shall transport this water for delivery to and use by St.
George and the Shivwits Band. St. George shall make
2,000 acre-feet of water available annually for use by the
Shivwits Band in accordance with the St. George Water
Reuse Project Agreement and this Act.
(b) PROJECT CONSTRUCTION OPERATION AND MAIN-
TENANCE.—(1) St. George shall be responsible for the de-
sign, engineering, permitting, construction, operation,
maintenance, repair, and replacement of the St. George
Water Reuse Project, and the payment of its propor-
tionate share of these project costs as provided for in the
St. George Water Reuse Project Agreement.
(2) The Shivwits Band and the United States for the
benefit of the Shivwits Band shall make available, in ac-
cordance with the terms of the St. George Water Reuse
Agreement and this Act, a total of $15,000,000 to St.
George for the proportionate share of the design, engineer-
ing, permitting, construction, operation, maintenance, re-
pair, and replacement of the St. George Water Reuse
Project associated with the 2,000 acre-feet annually to be
provided to the Shivwits Band.
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SEC. 6. SANTA CLARA PROJECT.
(a) SANTA CLARA PROJECT.—The Santa Clara
Project shall consist of a pressurized pipeline from the ex-
isting Gunlock Reservoir across the Shivwits Reservation
to and including Ivins Reservoir, along with main lateral
pipelines. The Santa Clara Project shall pool and deliver
the water rights of the parties as set forth in the Santa
Clara Project Agreement. The Santa Clara Project shall
deliver to the Shivwits Band a total of 1,900 acre-feet an-
nually in accordance with the Santa Clara Project Agree-
ment and this Act.
(b) INSTREAM FLOW.—The Santa Clara Project shall
release instream flow water from the Gunlock Reservoir
into the Santa Clara River for the benefit of the Virgin
Spinedace, in accordance with the Santa Clara Project
Agreement and this Act.
(c) PROJECT FUNDING.—The Utah Legislature and
the United States Congress have each appropriated grants
of $750,000 for the construction of the Santa Clara
Project. The District shall provide a grant of $750,000
for the construction of the Santa Clara Project. The Dis-
trict shall provide any additional funding required for the
construction of the Santa Clara Project.
(d) PROJECT
CONSTRUCTION, OPERATION, AND
MAINTENANCE.—The District shall be responsible for the
permitting, design, engineering, construction, and the ini-
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tial operation, maintenance, repair, and replacement of the
Santa Clara Project. Operation, maintenance, repair, and
replacement activities and costs of the Santa Clara Project
shall be handled in accordance with the terms of the Santa
Clara Project Agreement.
SEC. 7. SHIVWITS WATER RIGHT.
(a) IN GENERAL.—The Shivwits Band and its mem-
bers shall have the right in perpetuity to divert, pump,
impound, use, and reuse a total of 4,000 acre-feet of water
annually from the Virgin River and Santa Clara River sys-
tems, to be taken as follows:
(1) 1,900 acre-feet annually from the Santa
Clara River System, with an 1890 priority date in
accordance with the terms of the Santa Clara
Project Agreement.
(2) 2,000 acre-feet of water annually from the
St. George Water Reuse Project as provided for in
the St. George Water Reuse Project Agreement. The
Shivwits Band shall have first priority to the reuse
water provided from the St. George Water Reclama-
tion Facility.
(3) 100 acre-feet annually, with a 1916 priority
date, from groundwater on the Shivwits Reservation.
(b) WATER RIGHTS CLAIMS.—All water rights claims
of the Shivwits Band, and the Paiute Indian Tribe of Utah
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acting on behalf of the Shivwits Band, are hereby settled.
The Shivwits Water Right is hereby ratified, confirmed,
and shall be held in trust by the United States for the
benefit of the Shivwits Band.
(c) SETTLEMENT.—The Shivwits Band may use
water from the springs and runoff located on the Shivwits
Reservation. The amount used from these sources will be
reported annually to the Utah State Engineer by the
Shivwits Band and shall be counted against the annual
4,000 acre-feet Shivwits Water Right.
(d) ABANDONMENT, FORFEITURE, OR NONUSE.—
The Shivwits Water Right shall not be subject to loss by
abandonment, forfeiture, or nonuse.
(e) USE OR LEASE.—The Shivwits Band may use or
lease the Shivwits Water Right for either or both of the
following:
(1) For any purpose permitted by tribal or Fed-
eral law anywhere on the Shivwits Band Reserva-
tion. Once the water is delivered to the Reservation,
such use shall not be subject to State law, regula-
tion, or jurisdiction.
(2) For any beneficial use off the Shivwits Res-
ervation in accordance with the St. George Water
Reuse Agreement, the Santa Clara Project Agree-
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ment, the Settlement Agreement, and all applicable
Federal and State laws.
No service contract, lease, exchange, or other agreement
entered into under this subsection may permanently alien-
ate any portion of the Shivwits Water Right.
SEC. 8. RATIFICATION OF AGREEMENTS.
Except to the extent that the St. George Water Reuse
Project Agreement, the Santa Clara Project Agreement,
and the Settlement Agreement conflict with the provisions
of this Act, such agreements are hereby approved, ratified,
and confirmed. The Secretary is hereby authorized to exe-
cute, and take such other actions as are necessary to im-
plement, such agreements.
SEC. 9. SATISFACTION OF CLAIMS.
(a) FULL SATISFACTION OF CLAIMS.—The benefits
realized by the Shivwits Band and its members under the
St. George Water Reuse Project Agreement, the Santa
Clara Project Agreement, the Settlement Agreement, and
this Act shall constitute full and complete satisfaction of
all water rights claims, and any continuation thereafter
of any of these claims, of the Shivwits Band and its mem-
bers, and the Paiute Indian Tribe of Utah acting on behalf
of the Shivwits Band, for water rights or injuries to water
rights under Federal and State laws from time immemo-