(bb) after the date of enact-
ment of this Act if the Secretary 
has not provided written notice to 
the State pursuant to section 
15(c)(2); or 
(cc) after the date of enact-
ment of this Act if the Secretary 
has provided written notice to the 
State 
pursuant 
to 
section 
15(c)(2) and if— 
(AA) the well was con-
structed to replace a well in 
existence on the date on 
which the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity 
and case diameter of the 
well being replaced. 
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(B) EFFECTIVE
DATE.—The waiver and 
release of claims described in subparagraph (A) 
shall take effect on the Enforceability Date. 
(C) RETENTION
OF
CLAIMS.—Notwith-
standing the waiver and release of claims de-
scribed in subparagraph (A), the Hualapai 
Tribe and the members of the Hualapai Tribe 
(but not members in the capacity of the mem-
bers as allottees) shall retain any right— 
(i) subject to subparagraph 12.7 of 
the Hualapai Tribe water rights settlement 
agreement, to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Hualapai Tribe 
water rights settlement agreement or this 
Act in any Federal or State court of com-
petent jurisdiction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under any judgment or de-
cree 
approving 
or 
incorporating 
the 
Hualapai Tribe water rights settlement 
agreement; 
(iii) to assert claims for water rights 
based on State law for land owned or ac-
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quired by the Hualapai Tribe in fee under 
subparagraph 4.8 of the Hualapai Tribe 
water rights settlement agreement; 
(iv) to object to any claims for water 
rights or injury to water rights by or for 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(v) to assert past, present, or future 
claims for injury to water rights against 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(vi) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Bill Williams 
agreements or the Bill Williams Act in any 
Federal or State court of competent juris-
diction; 
(vii) subject to paragraphs (1), (3), 
(4), and (5) of section 5(e), to assert the 
rights of the Hualapai Tribe under any 
Colorado River water entitlement pur-
chased by or donated to the Hualapai 
Tribe; and 
(viii) to assert any claims for injury to 
water rights arising after the Enforce-
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ability Date for Hualapai land resulting 
from any off-reservation diversion or use of 
groundwater, without regard to quantity, 
from— 
(I) any well constructed after the 
date of enactment of this Act on pub-
lic domain land outside of the Truxton 
Basin and not more than 2 miles from 
the 
exterior 
boundaries 
of 
the 
Hualapai Reservation, except for a re-
placement well described in subpara-
graph (A)(viii)(II), subject to the au-
thorizations and restrictions regarding 
the location, size, and operation of 
wells in the Bill Williams River water-
shed, and the waivers of claims, set 
forth in the Bill Williams agreements 
and the Bill Williams Act; 
(II) any well constructed on pub-
lic domain land within the Truxton 
Basin for domestic purposes or stock 
watering after the date on which the 
Secretary has provided written notice 
to the State pursuant to section 
15(c)(2), except for a replacement 
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well 
described 
in 
subparagraph 
(A)(ix)(I)(bb); and 
(III) any well constructed on 
public 
domain 
land 
within 
the 
Truxton Basin for purposes other 
than domestic purposes or stock wa-
tering after the date of enactment of 
this Act, if the Secretary has provided 
notice to the State pursuant to section 
15(c)(2), except for a replacement 
well as described in subparagraph 
(A)(ix)(II)(cc). 
(b) WAIVERS AND RELEASES OF CLAIMS BY UNITED 
STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
the allottees of the Hualapai Tribe, as part of the 
performance of the obligations of the United States 
under the Hualapai Tribe water rights settlement 
agreement and this Act, is authorized to execute a 
waiver and release of any claims against the State 
(or any agency or political subdivision of the State), 
the Hualapai Tribe, and any other individual, entity, 
corporation, or municipal corporation under Federal, 
State, or other law, for all— 
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(A) past, present, and future claims for 
water rights, including rights to Colorado River 
water, for the allotments, arising from time im-
memorial and, thereafter, forever; 
(B) past, present, and future claims for 
water rights, including rights to Colorado River 
water, arising from time immemorial and, 
thereafter, forever, that are based on the ab-
original occupancy of land by the allottees or 
predecessors of the allottees; 
(C) past and present claims for injury to 
water rights, including injury to rights to Colo-
rado River water, for the allotments, arising 
from time immemorial through the Enforce-
ability Date; 
(D) past, present, and future claims for in-
jury to water rights, if any, including injury to 
rights to Colorado River water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
by the allottees or predecessors of the allottees; 
(E) claims for injury to water rights, in-
cluding injury to rights to Colorado River 
water, arising after the Enforceability Date, for 
the allotments, resulting from the off-reserva-
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tion diversion or use of water in a manner not 
in violation of the Hualapai Tribe water rights 
settlement agreement or State law; 
(F) past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement, or this Act; and 
(G) claims for any water rights of the 
allottees or the United States acting as trustee 
for the allottees with respect to— 
(i) Parcel 1, in excess of 82 AFY; or 
(ii) Parcel 2, in excess of 312 AFY. 
(2) EFFECTIVE DATE.—The waiver and release 
of claims under paragraph (1) shall take effect on 
the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States, acting as trustee for 
the allottees of the Hualapai Tribe, shall retain any 
right— 
(A) subject to subparagraph 12.7 of the 
Hualapai Tribe water rights settlement agree-
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ment, to assert claims for injuries to, and seek 
enforcement of, the rights of the allottees, if 
any, under the Hualapai Tribe water rights set-
tlement agreement or this Act in any Federal or 
State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement; 
(C) to object to any claims for water rights 
or injury to water rights by or for— 
(i) any Indian Tribe other than the 
Hualapai Tribe; or 
(ii) the United States, acting on be-
half of any Indian Tribe other than the 
Hualapai Tribe; 
(D) to assert past, present, or future 
claims for injury to water rights against— 
(i) any Indian Tribe other than the 
Hualapai Tribe; or 
(ii) the United States, acting on be-
half of any Indian Tribe other than the 
Hualapai Tribe; and 
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(E) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under the Bill Williams agreements or the Bill 
Williams Act in any Federal or State court of 
competent jurisdiction. 
(c) WAIVER AND RELEASE OF CLAIMS BY UNITED 
STATES AGAINST HUALAPAI TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Hualapai Tribe), as part of the performance of the 
obligations of the United States under the Hualapai 
Tribe water rights settlement agreement and this 
Act, is authorized to execute a waiver and release of 
all claims against the Hualapai Tribe, the members 
of the Hualapai Tribe, or any agency, official, or 
employee of the Hualapai Tribe, under Federal, 
State or any other law for all— 
(A) past and present claims for injury to 
water rights, including injury to rights to Colo-
rado River water, resulting from the diversion 
or use of water on Hualapai land arising from 
time immemorial through the Enforceability 
Date; 
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(B) claims for injury to water rights, in-
cluding injury to rights to Colorado River 
water, arising after the Enforceability Date, re-
sulting from the diversion or use of water on 
Hualapai land in a manner that is not in viola-
tion of the Hualapai Tribe water rights settle-
ment agreement or State law; and 
(C) past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement, or this Act. 
(2) EFFECTIVE DATE.—The waiver and release 
of claims under paragraph (1) shall take effect on 
the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States shall retain any right 
to assert any claim not expressly waived in accord-
ance with that paragraph, including any right to as-
sert a claim for injury to, and seek enforcement of, 
any right of the United States under the Bill Wil-
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liams agreements or the Bill Williams Act, in any 
Federal or State court of competent jurisdiction. 
(d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS 
SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE-
TENTION OF CLAIMS.— 
(1) CLAIMS AGAINST FREEPORT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the United States, acting 
solely on behalf of the Department of the Inte-
rior (including the Bureau of Land Manage-
ment and the United States Fish and Wildlife 
Service), as part of the performance of the obli-
gations of the United States under the Bill Wil-
liams River phase 2 water rights settlement 
agreement, is authorized to execute a waiver 
and release of all claims of the United States 
against Freeport under Federal, State, or any 
other law for— 
(i) any past or present claim for in-
jury to water rights resulting from— 
(I) the diversion or use of water 
by Freeport pursuant to the water 
rights described in Exhibit 4.1(ii) to 
the Bill Williams River phase 2 water 
rights settlement agreement; and 
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(II) any other diversion or use of 
water for mining purposes authorized 
by the Bill Williams River phase 2 
water rights settlement agreement; 
(ii) any claim for injury to water 
rights arising after the Bill Williams River 
Phase 2 Enforceability Date resulting 
from— 
(I) the diversion or use of water 
by Freeport pursuant to the water 
rights described in Exhibit 4.1(ii) to 
the Bill Williams River phase 2 water 
rights settlement agreement in a man-
ner not in violation of the Bill Wil-
liams River phase 2 water rights set-
tlement agreement; 
(II) the diversion of up to 2,500 
AFY of water by Freeport from Syca-
more Creek as permitted by section 
4.3(iv) of the Bill Williams River 
phase 2 water rights settlement agree-
ment; and 
(III) any other diversion or use 
of water by Freeport authorized by 
the Bill Williams River phase 2 water 
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rights settlement agreement, subject 
to the condition that such a diversion 
and use of water is conducted in a 
manner not in violation of the Bill 
Williams River phase 2 water rights 
settlement agreement; and 
(iii) any past, present, or future claim 
arising out of, or relating in any manner 
to, the negotiation or execution of the Bill 
Williams River phase 2 water rights settle-
ment agreement, the Hualapai Tribe water 
rights settlement agreement, or this Act. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
take effect on the Bill Williams River Phase 2 
Enforceability Date. 
(C) RETENTION OF CLAIMS.—The United 
States shall retain all rights not expressly 
waived in the waiver and release of claims 
under subparagraph (A), including, subject to 
section 6.4 of the Bill Williams River phase 2 
water rights settlement agreement, the right to 
assert a claim for injury to, and seek enforce-
ment of, the Bill Williams River phase 2 water 
rights settlement agreement or this Act, in any 
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Federal or State court of competent jurisdiction 
(but not a Tribal court). 
(2) NO PRECEDENTIAL EFFECT.— 
(A) 
PENDING
AND
FUTURE
PRO-
CEEDINGS.—The Bill Williams River phase 2 
water rights settlement agreement shall have no 
precedential effect in any other administrative 
or judicial proceeding, including— 
(i) any pending or future general 
stream adjudication, or any other litigation 
involving Freeport or the United States, 
including any proceeding to establish or 
quantify a Federal reserved water right; 
(ii) any pending or future administra-
tive or judicial proceeding relating to an 
application— 
(I) to appropriate water (for 
instream flow or other purposes); 
(II) to sever and transfer a water 
right; 
(III) to change a point of diver-
sion; or 
(IV) to change a place of use for 
any water right; and 
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(iii) any proceeding regarding water 
rights or a claim relating to any Federal 
land. 
(B) NO METHODOLOGY OR STANDARD.— 
Nothing in the Bill Williams River phase 2 
water rights settlement agreement establishes 
any standard or methodology to be used for the 
quantification of any claim to water rights 
(whether based on Federal or State law) in any 
judicial or administrative proceeding, other than 
a proceeding to enforce the terms of the Bill 
Williams River phase 2 water rights settlement 
agreement. 
SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER 
BENEFITS. 
(a) HUALAPAI TRIBE AND MEMBERS.— 
(1) IN GENERAL.—The benefits realized by the 
Hualapai Tribe and the members of the Hualapai 
Tribe (but not members in the capacity of the mem-
bers as allottees) under the Hualapai Tribe water 
rights settlement agreement, this Act, the Bill Wil-
liams agreements, and the Bill Williams Act shall be 
in full satisfaction of all claims of the Hualapai 
Tribe, the members of the Hualapai Tribe, and the 
United States, acting in the capacity of the United 
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States as trustee for the Hualapai Tribe and the 
members of the Hualapai Tribe, for water rights and 
injury to water rights under Federal, State, or other 
law with respect to Hualapai land. 
(2) SATISFACTION.—Any entitlement to water 
of the Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capacity of 
the members as allottees) or the United States, act-
ing in the capacity of the United States as trustee 
for the Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capacity of 
the members as allottees), for Hualapai land shall be 
satisfied out of the water resources and other bene-
fits granted, confirmed, quantified, or recognized by 
the Hualapai Tribe water rights settlement agree-
ment, this Act, the Bill Williams agreements, and 
the Bill Williams Act to or for the Hualapai Tribe, 
the members of the Hualapai Tribe (but not mem-
bers in the capacity of the members as allottees), 
and the United States, acting in the capacity of the 
United States as trustee for the Hualapai Tribe and 
the members of the Hualapai Tribe (but not mem-
bers in the capacity of the members as allottees). 
(b) ALLOTTEE WATER CLAIMS.— 
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(1) IN GENERAL.—The benefits realized by the 
allottees of the Hualapai Tribe under the Hualapai 
Tribe water rights settlement agreement, this Act, 
the Bill Williams agreements, and the Bill Williams 
Act shall be in complete replacement of and substi-
tution for, and full satisfaction of, all claims with re-
spect to allotments of the allottees and the United 
States, acting in the capacity of the United States 
as trustee for the allottees, for water rights and in-
jury to water rights under Federal, State, or other 
law. 
(2) SATISFACTION.—Any entitlement to water 
of the allottees or the United States, acting in the 
capacity of the United States as trustee for the 
allottees, for allotments shall be satisfied out of the 
water resources and other benefits granted, con-
firmed, or recognized by the Hualapai Tribe water 
rights settlement agreement, this Act, the Bill Wil-
liams agreements, and the Bill Williams Act to or 
for the allottees and the United States, acting as 
trustee for the allottees. 
(c) EFFECT.—Notwithstanding subsections (a) and 
(b), nothing in this Act or the Hualapai Tribe water rights 
settlement agreement— 
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(1) recognizes or establishes any right of a 
member of the Hualapai Tribe or an allottee to 
water on Hualapai land; or 
(2) prohibits the Hualapai Tribe or an allottee 
from acquiring additional water rights by purchase 
of land, credits, or water rights. 
SEC. 11. LAND ADDED TO HUALAPAI RESERVATION. 
The following land in the State is added to the 
Hualapai Reservation: 
(1) PUBLIC
LAW
93–560.—The land held in 
trust by the United States for the Hualapai Tribe 
pursuant to the first section of Public Law 93–560 
(88 Stat. 1820). 
(2) 1947 JUDGMENT.—The land deeded to the 
United States in the capacity of the United States 
as trustee for the Hualapai Tribe pursuant to the 
1947 judgment. 
(3) TRUXTON TRIANGLE.—That portion of the 
S1⁄2 sec. 3, lying south of the south boundary of the 
Hualapai Reservation and north of the north right- 
of-way boundary of Arizona Highway 66, and 
bounded by the west section line of that sec. 3 and 
the south section line of that sec. 3, T. 24 N., R. 
12 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona. 
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(4) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 
25 N., R. 13 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(5) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 
14 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) NE1⁄4SW1⁄4 sec. 9; and 
(B) NW1⁄4SE1⁄4 sec. 27. 
(6) HUNT PARCEL 3.—SW1⁄4NE1⁄4 sec. 25, T. 
27 N., R. 15 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(7) HUNT PARCEL 5.—In sec. 1, T. 25 N., R. 
14 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) SE1⁄4; 
(B) E1⁄2SW1⁄4; and 
(C) SW1⁄4SW1⁄4. 
(8) 
VALENTINE
CEMETERY
PARCEL.— 
W1⁄2W1⁄4SW1⁄4 sec. 22, T. 23 N., R. 13 W., Gila 
and Salt River Base and Meridian, Mohave County, 
Arizona, excepting and reserving to the United 
States a right-of-way for ditches or canals con-
structed by the authority of the United States, pur-
suant to the Act of August 30, 1890 (43 U.S.C. 
945). 
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SEC. 12. TRUST LAND. 
(a) LAND TO BE TAKEN INTO TRUST.— 
(1) IN GENERAL.—On the date of enactment of 
this Act, the Secretary is authorized and directed to 
take legal title to the land described in paragraph 
(2) and hold such land in trust for the benefit of the 
Hualapai Tribe. 
(2) CHOLLA
CANYON
RANCH
PARCELS.—The 
land referred to in paragraph (1) is, in T. 16 N., R. 
13 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) SW1⁄4 sec. 25; and 
(B) NE1⁄4 and NE1⁄4 SE1⁄4 sec. 35. 
(b) RESERVATION STATUS.—The land taken into 
trust under subsection (a) shall be part of the Hualapai 
Reservation and administered in accordance with the laws 
and regulations generally applicable to land held in trust 
by the United States for an Indian Tribe. 
(c) VALID EXISTING RIGHTS.—The land taken into 
trust under subsection (a) shall be subject to valid existing 
rights, including easements, rights-of-way, contracts, and 
management agreements. 
(d) LIMITATIONS.—Nothing in subsection (a) af-
fects— 
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557.50 AFY of the Hualapai Tribe CAP water 
to the equivalent of CAP M&I priority water. 
(2) 
ADDITIONAL
FIRMING.—The 
Hualapai 
Tribe may, at the expense of the Hualapai Tribe, 
take additional actions to firm or supplement the 
Hualapai Tribe CAP water, including by entering 
into agreements for that purpose with the Central 
Arizona Water Conservation District, the Arizona 
Water Banking Authority, or any other lawful au-
thority, in accordance with State law. 
(c) HUALAPAI
TRIBE
WATER
DELIVERY
CON-
TRACT.— 
(1) IN
GENERAL.—In accordance with the 
Hualapai Tribe water rights settlement agreement 
and the requirements described in paragraph (2), 
the Secretary shall enter into the Hualapai Tribe 
water delivery contract. 
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following: 
(A) IN
GENERAL.—The Hualapai Tribe 
water delivery contract shall— 
(i) be for permanent service (as that 
term is used in section 5 of the Boulder 
Canyon Project Act (43 U.S.C. 617d)); 
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(ii) take effect on the Enforceability 
Date; and 
(iii) be without limit as to term. 
(B) HUALAPAI TRIBE CAP WATER.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe CAP water may be delivered for use 
in the lower basin in the State through— 
(I) the Hualapai Water Project; 
or 
(II) the CAP system. 
(ii) METHOD
OF
DELIVERY.—The 
Secretary shall authorize the delivery of 
Hualapai Tribe CAP water under this sub-
paragraph to be effected by the diversion 
and use of water directly from the Colo-
rado River in the State. 
(C) CONTRACTUAL DELIVERY.—The Sec-
retary shall deliver the Hualapai Tribe CAP 
water to the Hualapai Tribe in accordance with 
the terms and conditions of the Hualapai Tribe 
water delivery contract. 
(D) DISTRIBUTION OF CAP NIA PRIORITY 
WATER.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), if, for any year, the available 
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CAP supply is insufficient to meet all de-
mands under CAP contracts and CAP sub-
contracts for the delivery of CAP NIA pri-
ority water, the Secretary and the CAP op-
erating agency shall prorate the available 
CAP NIA priority water among the CAP 
contractors and CAP subcontractors hold-
ing contractual entitlements to CAP NIA 
priority water on the basis of the quantity 
of CAP NIA priority water used by each 
such CAP contractor and CAP subcon-
tractor in the last year in which the avail-
able CAP supply was sufficient to fill all 
orders for CAP NIA priority water. 
(ii) EXCEPTION.— 
(I) 
IN
GENERAL.—Notwith-
standing clause (i), if the available 
CAP supply is insufficient to meet all 
demands under CAP contracts and 
CAP subcontracts for the delivery of 
CAP NIA priority water in the year 
following the year in which the En-
forceability Date occurs, the Secretary 
shall assume that the Hualapai Tribe 
used the full volume of Hualapai 
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Tribe CAP water in the last year in 
which the available CAP supply was 
sufficient to fill all orders for CAP 
NIA priority water. 
(II) 
CONTINUATION.—The 
as-
sumption described in subclause (I) 
shall continue until the available CAP 
supply is sufficient to meet all de-
mands under CAP contracts and CAP 
subcontracts for the delivery of CAP 
NIA priority water. 
(III) 
DETERMINATION.—The 
Secretary shall determine the quantity 
of CAP NIA priority water used by 
the Gila River Indian Community and 
the Tohono O’odham Nation in the 
last year in which the available CAP 
supply was sufficient to fill all orders 
for CAP NIA priority water in a man-
ner consistent with the settlement 
agreements with those Tribes. 
(E) 
LEASES
AND
EXCHANGES
OF 
HUALAPAI TRIBE CAP WATER.—On and after 
the date on which the Hualapai Tribe water de-
livery contract becomes effective, the Hualapai 
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Tribe may, with the approval of the Secretary, 
enter into contracts or options to lease, or con-
tracts or options to exchange, the Hualapai 
Tribe CAP water within the lower basin in the 
State, providing for the temporary delivery to 
other persons of any portion of Hualapai Tribe 
CAP water. 
(F) TERM OF LEASES AND EXCHANGES.— 
(i) LEASING.—Contracts or options to 
lease under subparagraph (E) shall be for 
a term of not more than 100 years. 
(ii) EXCHANGING.—Contracts or op-
tions to exchange under subparagraph (E) 
shall be for the term provided for in the 
contract or option, as applicable. 
(iii) RENEGOTIATION.—The Hualapai 
Tribe may, with the approval of the Sec-
retary, renegotiate any lease described in 
subparagraph (E), at any time during the 
term of the lease, if the term of the re-
negotiated lease does not exceed 100 years. 
(G) PROHIBITION ON PERMANENT ALIEN-
ATION.—No Hualapai Tribe CAP water may be 
permanently alienated. 
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(H) NO
FIRMING
OF
LEASED
WATER.— 
The firming obligations described in subsection 
(b)(1) shall not apply to any Hualapai Tribe 
CAP water leased by the Hualapai Tribe to an-
other person. 
(I) ENTITLEMENT
TO
LEASE
AND
EX-
CHANGE
FUNDS; 
OBLIGATIONS
OF
UNITED 
STATES.— 
(i) ENTITLEMENT.— 
(I) IN GENERAL.—The Hualapai 
Tribe shall be entitled to all consider-
ation due to the Hualapai Tribe under 
any contract to lease, option to lease, 
contract to exchange, or option to ex-
change the Hualapai Tribe CAP water 
entered into by the Hualapai Tribe. 
(II) EXCLUSION.—The United 
States shall not, in any capacity, be 
entitled to the consideration described 
in subclause (I). 
(ii) 
OBLIGATIONS
OF
UNITED 
STATES.—The United States shall not, in 
any capacity, have any trust or other obli-
gation to monitor, administer, or account 
for, in any manner, any funds received by 
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the Hualapai Tribe as consideration under 
any contract to lease, option to lease, con-
tract to exchange, or option to exchange 
the Hualapai Tribe CAP water entered 
into by the Hualapai Tribe, except in a 
case in which the Hualapai Tribe deposits 
the proceeds of any lease, option to lease, 
contract to exchange, or option to ex-
change into an account held in trust for 
the Hualapai Tribe by the United States. 
(J) WATER USE AND STORAGE.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may use the Hualapai Tribe CAP 
water on or off the Hualapai Reservation 
within the lower basin in the State for any 
purpose. 
(ii) STORAGE.—The Hualapai Tribe, 
in accordance with State law, may store 
the Hualapai Tribe CAP water at 1 or 
more underground storage facilities or 
groundwater savings facilities, subject to 
the condition that, if the Hualapai Tribe 
stores Hualapai Tribe CAP water that has 
been firmed pursuant to subsection (b)(1), 
the stored water may only be— 
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(I) used by the Hualapai Tribe; 
or 
(II) exchanged by the Hualapai 
Tribe for water that will be used by 
the Hualapai Tribe. 
(iii) 
ASSIGNMENT.—The 
Hualapai 
Tribe, in accordance with State law, may 
assign any long-term storage credit ac-
crued as a result of storage described in 
clause (ii), subject to the condition that the 
Hualapai Tribe shall not assign any long- 
term storage credit accrued as a result of 
the storage of Hualapai Tribe CAP water 
that has been firmed pursuant to sub-
section (b)(1). 
(K) USE OUTSIDE STATE.—The Hualapai 
Tribe may not use, lease, exchange, forbear, or 
otherwise transfer any Hualapai Tribe CAP 
water for use directly or indirectly outside of 
the lower basin in the State. 
(L) CAP FIXED OM&R CHARGES.— 
(i) IN GENERAL.—The CAP operating 
agency shall be paid the CAP fixed OM&R 
charges associated with the delivery of all 
Hualapai Tribe CAP water. 
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(ii) PAYMENT OF CHARGES.—Except 
as provided in subparagraph (O), all CAP 
fixed OM&R charges associated with the 
delivery of the Hualapai Tribe CAP water 
to the Hualapai Tribe shall be paid by— 
(I) the Secretary, pursuant to 
section 403(f)(2)(A) of the Colorado 
River Basin Project Act (43 U.S.C. 
1543(f)(2)(A)), subject to the condi-
tion that funds for that payment are 
available in the Lower Colorado River 
Basin Development Fund; and 
(II) if the funds described in sub-
clause (I) become unavailable, the 
Hualapai Tribe. 
(M) CAP PUMPING ENERGY CHARGES.— 
(i) IN GENERAL.—The CAP operating 
agency shall be paid the CAP pumping en-
ergy charges associated with the delivery of 
Hualapai Tribe CAP water only in cases in 
which the CAP system is used for the de-
livery of that water. 
(ii) PAYMENT OF CHARGES.—Except 
for CAP water not delivered through the 
CAP system, which does not incur a CAP 
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pumping energy charge, or water delivered 
to other persons as described in subpara-
graph (O), any applicable CAP pumping 
energy charges associated with the delivery 
of the Hualapai Tribe CAP water shall be 
paid by the Hualapai Tribe. 
(N) WAIVER OF PROPERTY TAX EQUIVA-
LENCY PAYMENTS.—No property tax or in-lieu 
property tax equivalency shall be due or payable 
by the Hualapai Tribe for the delivery of CAP 
water or for the storage of CAP water in an un-
derground storage facility or groundwater sav-
ings facility. 
(O) 
LESSEE
RESPONSIBILITY
FOR 
CHARGES.— 
(i) IN GENERAL.—Any lease or option 
to lease providing for the temporary deliv-
ery to other persons of any Hualapai Tribe 
CAP water shall require the lessee to pay 
the CAP operating agency all CAP fixed 
OM&R charges and all CAP pumping en-
ergy charges associated with the delivery of 
the leased water. 
(ii) NO
RESPONSIBILITY
FOR
PAY-
MENT.—Neither the Hualapai Tribe nor 
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the United States in any capacity shall be 
responsible for the payment of any charges 
associated 
with 
the 
delivery 
of 
the 
Hualapai Tribe CAP water leased to other 
persons. 
(P) ADVANCE
PAYMENT.—No Hualapai 
Tribe CAP water shall be delivered unless the 
CAP fixed OM&R charges and any applicable 
CAP pumping energy charges associated with 
the delivery of that water have been paid in ad-
vance. 
(Q) CALCULATION.—The charges for deliv-
ery of the Hualapai Tribe CAP water pursuant 
to the Hualapai Tribe water delivery contract 
shall be calculated in accordance with the CAP 
repayment stipulation. 
(R) CAP
REPAYMENT.—For purposes of 
determining the allocation and repayment of 
costs of any stages of the CAP system con-
structed after November 21, 2007, the costs as-
sociated with the delivery of the Hualapai Tribe 
CAP water, regardless of whether the Hualapai 
Tribe CAP water is delivered for use by the 
Hualapai Tribe or in accordance with any lease, 
option to lease, exchange, or option to exchange 
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providing for the delivery to other persons of 
the Hualapai Tribe CAP water, shall be— 
(i) nonreimbursable; and 
(ii) excluded from the repayment obli-
gation of the Central Arizona Water Con-
servation District. 
(S) NONREIMBURSABLE
CAP
CONSTRUC-
TION COSTS.— 
(i) IN GENERAL.—With respect to the 
costs associated with the construction of 
the CAP system allocable to the Hualapai 
Tribe— 
(I) the costs shall be nonreim-
bursable; and 
(II) the Hualapai Tribe shall 
have no repayment obligation for the 
costs. 
(ii) CAPITAL
CHARGES.—No CAP 
water service capital charges shall be due 
or payable for the Hualapai Tribe CAP 
water, regardless of whether the Hualapai 
Tribe CAP water is delivered— 
(I) for use by the Hualapai 
Tribe; or 
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(II) under any lease, option to 
lease, exchange, or option to exchange 
entered into by the Hualapai Tribe. 
(d) COLORADO RIVER ACCOUNTING.—All Hualapai 
Tribe CAP water diverted directly from the Colorado 
River shall be accounted for as deliveries of CAP water 
within the State. 
SEC. 14. ENFORCEABILITY DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(d), the Hualapai Tribe water rights settlement agree-
ment, including the waivers and releases of claims de-
scribed in section 9, shall take effect and be fully enforce-
able on the date on which the Secretary publishes in the 
Federal Register a statement of findings that— 
(1) to the extent the Hualapai Tribe water 
rights settlement agreement conflicts with this Act— 
(A) the Hualapai Tribe water rights settle-
ment agreement has been revised through an 
amendment to eliminate the conflict; and 
(B) the revised Hualapai Tribe water 
rights settlement agreement, including any ex-
hibits requiring execution by any party to the 
Hualapai Tribe water rights settlement agree-
ment, has been executed by the required party; 
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(2) the waivers and releases of claims described 
in section 9 have been executed by the Hualapai 
Tribe and the United States; 
(3) the abstracts referred to in subparagraphs 
4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 
water rights settlement agreement have been com-
pleted by the Hualapai Tribe; 
(4) the full amount described in section 7(a)(1), 
as adjusted by section 7(b), has been deposited in 
the Hualapai Water Trust Fund Account; 
(5) the Gila River adjudication decree has been 
approved by the Gila River adjudication court sub-
stantially in the form of the judgment and decree at-
tached to the Hualapai Tribe water rights settlement 
agreement as Exhibit 3.1.43, as amended to ensure 
consistency with this Act; 
(6) the Secretary has executed the Hualapai 
Tribe water delivery contract described in section 
13(c); and 
(7) the Secretary has issued the record of deci-
sion required by section 8(d). 
(b) REPEAL
ON FAILURE TO MEET ENFORCE-
ABILITY DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Secretary fails to publish in the 
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Federal Register a statement of findings under sub-
section (a) by April 15, 2029, or such alternative 
later date as may be agreed to by the Hualapai 
Tribe, the Secretary, and the State— 
(A) this Act is repealed; 
(B) any action taken by the Secretary and 
any contract or agreement entered into pursu-
ant to this Act shall be void; and 
(C) any amounts appropriated under sec-
tion 7, together with any investment earnings 
on those amounts, less any amounts expended 
under section 6(a)(4)(B), shall revert imme-
diately to the general fund of the Treasury. 
(2) 
SEVERABILITY.—Notwithstanding 
para-
graph (1), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by April 15, 2029, or such alternative 
later date as may be agreed to by the Hualapai 
Tribe, the Secretary, and the State, section 11 and 
subsections (a), (b), (c), and (d) of section 12 shall 
remain in effect. 
(c) RIGHT TO OFFSET.—If the Secretary has not 
published in the Federal Register the statement of find-
ings under subsection (a) by April 15, 2029, or such alter-
native later date as may be agreed to by the Hualapai 
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Tribe, the Secretary, and the State, the United States 
shall be entitled to offset any Federal amounts made avail-
able under section 6(a)(4)(B) that were used or authorized 
for any use under that section against any claim asserted 
by the Hualapai Tribe against the United States described 
in section 9(a)(2)(A). 
(d) BILL WILLIAMS RIVER PHASE 2 ENFORCE-
ABILITY DATE.—Notwithstanding any other provision of 
this Act, the Bill Williams River phase 2 water rights set-
tlement agreement (including the waivers and releases de-
scribed in section 9(d) of this Act and section 5 of the 
Bill Williams River phase 2 water rights settlement agree-
ment) shall take effect and become enforceable among the 
parties to the Bill Williams River phase 2 water rights 
settlement agreement on the date on which all of the fol-
lowing conditions have occurred: 
(1) The Hualapai Tribe water rights settlement 
agreement becomes enforceable pursuant to sub-
section (a). 
(2) Freeport has submitted to the Arizona De-
partment of Water Resources a conditional with-
drawal of any objection to the Bill Williams River 
watershed instream flow applications pursuant to 
section 4.4(i) of the Bill Williams River phase 2 
water rights settlement agreement, which withdrawal 
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shall take effect on the Bill Williams River Phase 2 
Enforceability Date described in this subsection. 
(3) Not later than the Enforceability Date, the 
Arizona Department of Water Resources has issued 
an appealable, conditional decision and order for the 
Bill Williams River watershed instream flow applica-
tions pursuant to section 4.4(iii) of the Bill Williams 
River phase 2 water rights settlement agreement, 
which order shall become nonconditional and effec-
tive on the Bill Williams River Phase 2 Enforce-
ability Date described in this subsection. 
(4) The conditional decision and order de-
scribed in paragraph (3)— 
(A) becomes final; and 
(B) is not subject to any further appeal. 
SEC. 15. ADMINISTRATION. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
(1) WAIVER.— 
(A) IN
GENERAL.—In any circumstance 
described in paragraph (2)— 
(i) the United States or the Hualapai 
Tribe may be joined in the action described 
in the applicable subparagraph of that 
paragraph; and 
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(ii) subject to subparagraph (B), any 
claim by the United States or the Hualapai 
Tribe to sovereign immunity from the ac-
tion is waived. 
(B) LIMITATION.—A waiver under sub-
paragraph (A)(ii)— 
(i) shall only be for the limited and 
sole purpose of the interpretation or en-
forcement of— 
(I) this Act; 
(II) the Hualapai Tribe water 
rights settlement agreement, as rati-
fied by this Act; or 
(III) the Bill Williams River 
phase 2 water right settlement agree-
ment, as ratified by this Act; and 
(ii) shall not include any award 
against the United States or the Hualapai 
Tribe for money damages, court costs, or 
attorney fees. 
(2) 
CIRCUMSTANCES
DESCRIBED.—A 
cir-
cumstance referred to in paragraph (1)(A) is any of 
the following: 
(A) Any party to the Hualapai Tribe water 
rights settlement agreement— 
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(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this Act; or 
(II) the Hualapai Tribe water 
rights settlement agreement; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(B) Any landowner or water user in the 
Verde River Watershed— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) 
paragraph 
10.0 
of 
the 
Hualapai Tribe water rights settle-
ment agreement; 
(II) 
Exhibit 
3.1.43 
to 
the 
Hualapai Tribe water rights settle-
ment agreement; or 
(III) section 9; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
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(C) Any party to the Bill Williams River 
phase 2 settlement agreement— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this Act; or 
(II) the Bill Williams River phase 
2 settlement agreement; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(b) EFFECT ON CURRENT LAW.—Nothing in this 
section alters the law with respect to pre-enforcement re-
view of Federal environmental or safety-related enforce-
ment actions. 
(c) BASIN
GROUNDWATER
WITHDRAWAL
ESTI-
MATES.— 
(1) 
GROUNDWATER
WITHDRAWAL
ESTI-
MATES.— 
(A) IN GENERAL.—Not later than 1 year 
of the date of enactment of this Act, the Sec-
retary, acting through the United States Geo-
logical Survey Water Use Program, shall issue 
an estimate for groundwater withdrawals in the 
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100 
Truxton Basin outside the boundaries of the 
Hualapai Reservation. 
(B) ANNUAL ESTIMATES.—Each year after 
publication of the initial estimate required by 
subparagraph 
(A), 
the 
Secretary, 
acting 
through the United States Geological Survey 
Water Use Program, shall issue an estimate for 
groundwater withdrawals in the Truxton Basin 
outside the boundaries of the Hualapai Res-
ervation until such time as the Secretary, after 
consultation with the Hualapai Tribe, deter-
mines that annual estimates are not warranted. 
(2) NOTICE TO THE STATE.—Based on the esti-
mates under paragraph (1), the Secretary shall no-
tify the State, in writing, if the total withdrawal of 
groundwater from the Truxton Basin outside the 
boundaries of the Hualapai Reservation exceeds the 
estimate prepared pursuant to that paragraph by 
3,000 or more AFY, exclusive of any diversion or 
use of groundwater on Hualapai fee land and any 
land acquired by the Hualapai Tribe, including by a 
tribally owned corporation, in fee after the Enforce-
ability Date. 
(d) ANTIDEFICIENCY.—Notwithstanding any author-
ization of appropriations to carry out this Act, the United 
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101 
States shall not be liable for any failure of the United 
States to carry out any obligation or activity authorized 
by this Act (including all agreements or exhibits ratified 
or confirmed by this Act) if— 
(1) adequate appropriations are not provided 
expressly by Congress to carry out the purposes of 
this Act; or 
(2) there are not enough monies available to 
carry out this Act in the Lower Colorado River 
Basin Development Fund. 
(e) APPLICATION OF RECLAMATION REFORM ACT OF 
1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 
390aa et seq.) and any other acreage limitation or full- 
cost pricing provision of Federal law shall not apply to 
any person, entity, or tract of land solely on the basis of— 
(1) receipt of any benefit under this Act; 
(2) execution or performance of this Act; or 
(3) the use, storage, delivery, lease, or exchange 
of CAP water. 
(f) EFFECT.— 
(1) NO
MODIFICATION
OR
PREEMPTION
OF 
OTHER LAW.—Unless expressly provided in this Act, 
nothing in this Act modifies, conflicts with, pre-
empts, or otherwise affects— 
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102 
(A) the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.); 
(B) the Boulder Canyon Project Adjust-
ment Act (43 U.S.C. 618 et seq.); 
(C) the Act of April 11, 1956 (commonly 
known as the ‘‘Colorado River Storage Project 
Act’’) (43 U.S.C. 620 et seq.); 
(D) the Colorado River Basin Project Act 
(Public Law 90–537; 82 Stat. 885); 
(E) the Treaty between the United States 
of America and Mexico respecting utilization of 
waters of the Colorado and Tijuana Rivers and 
of the Rio Grande, signed at Washington Feb-
ruary 3, 1944 (59 Stat. 1219); 
(F) the Colorado River Compact; 
(G) the Upper Colorado River Basin Com-
pact; 
(H) the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 
Stat. 991); or 
(I) case law concerning water rights in the 
Colorado River system other than any case to 
enforce the Hualapai Tribe water rights settle-
ment agreement or this Act. 
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103 
(2) EFFECT ON AGREEMENTS.—Nothing in this 
Act or the Hualapai Tribe water rights settlement 
agreement limits the right of the Hualapai Tribe to 
enter into any agreement for the storage or banking 
of water in accordance with State law with— 
(A) the Arizona Water Banking Authority 
(or a successor agency or entity); or 
(B) any other lawful authority. 
(3) EFFECT OF ACT.—Nothing in this Act— 
(A) quantifies or otherwise affects the 
water rights, claims, or entitlements to water of 
any Indian Tribe other than the Hualapai 
Tribe; 
(B) affects the ability of the United States 
to take action on behalf of any Indian Tribe 
other than the Hualapai Tribe, the members of 
the Hualapai Tribe, and the allottees; or 
(C) limits the right of the Hualapai Tribe 
to use any water of the Hualapai Tribe in any 
location on the Hualapai Reservation. 
Æ 
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