I
105TH CONGRESS
2D SESSION
H. R. 4746
To provide for the settlement of the reserved water rights of the Shivwits
and for the construction of certain water projects.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 8, 1998
Mr. HANSEN introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the settlement of the reserved water rights
of the Shivwits and for the construction of certain water
projects.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shivwits Paiute Indian
Band Settlement Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Santa Clara River, a tributary of the
Virgin River, flows through the reservation of the
Shivwits Paiute Indian Band.
(2) The Santa Clara River is subject to erratic
flows and in most years does not supply sufficient
water to satisfy all existing water rights. The annual
flow of the Santa Clara River is characterized by ei-
ther low flows or extremely high flood flows, with
very few average water years.
(3) The Virgin River system is the subject of a
Statutory Adjudication of Water Rights pending in
the Fifth Judicial Court in and for Washington
County, Utah (Civil No. 800507596).
(4) The United States has been joined as a
party in the Statutory Adjudication of Water Rights
and has filed a water users claim asserting a re-
served water right claim on behalf of the Shivwits.
(5) It is the official policy of the United States,
in fulfillment of 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.
(6) Any meaningful policy of Indian self-deter-
mination and economic self-sufficiency requires the
development of viable Indian reservation economies.
(7) The quantification of water rights and the
development of water use and storage facilities is es-
sential to the development of viable Indian reserva-
tion economies, particularly in arid western States.
(8) Recognizing that final resolution of pending
Statutory Adjudication litigation will take many
years and entail great expense to all parties, as well
as prolong uncertainty as to the availability of water
supplies and impair the long-term economic planning
and development of all parties, the Shivwits, the
State of Utah and local water users have sought to
settle disputes over water and reduce the burdens of
litigation.
(9) After more than 5 years of negotiation
(which included participation by representatives of
the United States Government), the Shivwits, the
Washington County Water Conservancy District, the
State of Utah, the City of St. George, the Towns of
Ivins and Santa Clara and local water user compa-
nies have entered into a Memorandum of Under-
standing executed by the Shivwits Band on March
26, 1998, to resolve all water rights claims between
and among themselves, to quantify the Shivwits’ en-
titlement to water, and to provide for the construc-
tion of water projects to facilitate the settlement of
all claims.
(10) Pursuant to the Memorandum of Under-
standing, the Shivwits Band will receive a total of
4,000 acre-feet of water from a combination of the
Santa Clara drainage and the Virgin River drainage
which will be provided through the construction of
the Santa Clara Project and the St. George Water
Reuse Project (which are identified in the Memoran-
dum of Understanding).
(11) To advance the goals of Federal Indian
policy and to fulfill the trust responsibility of the
United States to the Shivwits Band, it is appro-
priate that the United States participate in the im-
plementation of the Settlement Agreement and con-
tribute funds for the construction of such project fa-
cilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) The term ‘‘Utah’’ means the State of Utah.
(3) The term ‘‘Shivwits’’ means the Shivwits
Paiute Indian Band, a constituent band of the Pai-
ute Indian Tribe of Utah, a federally recognized
American Indian Tribe.
(4) The term ‘‘District’’ means the Washington
County Water Conservancy District.
(5) The term ‘‘St. George’’ means St. George
City.
(6) The term ‘‘Statutory Adjudication’’ means
the statutory adjudication of water rights pending in
Washington County, Civil No. 800507596.
(7) The term ‘‘MOU’’ means the Memorandum
of Understanding executed by the Shivwits on March
26, 1998, to implement construction, operation, and
maintenance of the St. George Water Reuse Project
and the Santa Clara Project.
(8) The term ‘‘St. George Water Reuse
Project’’ means the St. George Water Reuse Project
described in paragraph (2) of the MOU.
(9) The term ‘‘Santa Clara Project’’ means the
Santa Clara Project as described in paragraph (1)
of the MOU.
SEC. 4. PURPOSES.
The purposes of this Act are to—
(1) approve, ratify, and incorporate by ref-
erence the Memorandum of Understanding between
the Parties, and implement the construction of the
St. George Water Reuse Project and the Santa
Clara Project as provided for herein; and
(2) authorize the actions and appropriations
necessary for the United States to fulfill its obliga-
tions under this Act.
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-
livery facilities which will divert water from the Waste-
water Treatment Plant located near St. George, Utah and
transport this water for delivery and use in the Santa
Clara River Basin by St. George and the Shivwits. The
St. George Water Reuse Project shall be sized to deliver
2,000 acre-feet annually for use by the Shivwits, which
will be in addition to the water delivered to St. George
for its use. The Shivwits water shall be delivered by St.
George through the St. George Water Reuse Project facili-
ties to the eastern boundary of the Shivwits Reservation.
(b) PROJECT CONSTRUCTION OPERATION AND MAIN-
TENANCE.—St. George shall be responsible for the engi-
neering, construction, operation, and maintenance of the
St. George Water Reuse Project.
(c) PAYMENT OF PROJECT COSTS.—St. George and
the Shivwits shall each be responsible for their propor-
tionate share of the construction, operation, and mainte-
nance costs of the St. George Water Reuse Project based
on the respective quantity of water delivered to St. George
and the Shivwits.
(1) SHARE.—St. George shall fund its propor-
tionate share of the construction, operation, and
maintenance of the St. George Water Reuse Project.
(2) SHIVWITS ASSISTANCE FOR PROJECT.—In
furtherance of the settlement of the reserved water
right claims of the Shivwits, the Secretary shall
make a grant in an amount equal to $15,000,000 to
St. George to cover the Shivwits’ portion of the con-
struction, operation, and maintenance costs of the
St. George Water Reuse Project, on the condition
that—
(A) the appropriate officials of St. George
provide assurances to the Secretary that St.
George will carry out the St. George Water
Reuse Project and provide the Shivwits with
2,000 acre-feet of water annually in a manner
consistent with the MOU;
(B) parties involved in the Santa Clara
Project agree that the Santa Clara Project will
be carried out and will provide the Shivwits up
to an additional 1,900 acre-feet annually in a
manner consistent with the MOU; and
(C) the parties involved in the St. George
Water Reuse Project and the Santa Clara
Project recognize an additional 100 acre-feet
annually of groundwater for the Shivwits, as
provided for in section 7(c) of this Act.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the De-
partment of the Interior to provide for the grant
under paragraph (2), $15,000,000.
(d) ST. GEORGE WATER REUSE PROJECT AGREE-
MENT.—The parties, including the Secretary shall imple-
ment the MOU and the construction of the St. George
Water Reuse Project by the execution of a St. George
Water Reuse Project Agreement consistent with the provi-
sions of this Act.
SEC. 6. SANTA CLARA PROJECT.
(a) SANTA CLARA PROJECT.—The Santa Clara
Project shall consist of a pressurized irrigation pipeline
from the existing Gunlock Reservoir to the lower part of
the Santa Clara River, along with main lateral pipelines.
The Santa Clara Project will result in the pooling of the
water rights of the Parties to the MOU, including the
Shivwits. The water users shall receive their irrigation
water from the Santa Clara Project based on a set delivery
schedule. The water supply from the Santa Clara River
for irrigation purposes shall be supplemented by ground-
water provided by St. George and other water users and
from the modified operation of the Gunlock Reservoir. It
is projected that in an average or above average year, the
Shivwits will receive 1,900 acre-feet of water from the
Santa Clara Project. In a below average year, all users,
including the Shivwits, shall have a proportionate reduc-
tion in the quantity of water delivered.
(b) PROJECT FUNDING.—The Utah Legislature and
Congress have each appropriated $750,000 toward 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 District shall also provide fund-
ing for the project in excess of the grants. All beneficiaries
of the Santa Clara Project, except the Shivwits, shall pay
the District their pro rata share of costs advanced by the
District for the construction of the Project in excess of
the Federal, State, and District grants.
(c) PROJECT
CONSTRUCTION, OPERATION, 
AND
MAINTENANCE.—The District shall be responsible for the
engineering, construction, operation, and maintenance of
the Santa Clara Project. An advisory committee, including
all of the parties to the MOU, will assist the District in
developing the final plan and budget for the Santa Clara
Project, and advise the District on related construction,
operation, and maintenance matters. All project bene-
ficiaries, including the Shivwits, shall pay their pro rata
share of operation and maintenance costs.
(d) SANTA CLARA PROJECT AGREEMENT.—The par-
ties, including the Secretary, will implement the MOU and
the construction of the Santa Clara Project by the execu-
tion of a Santa Clara Project Agreement consistent with
the provisions of this Act.
SEC. 7. SHIVWITS WATER RIGHTS.
Subject to the provisions of this Act and the imple-
mentation of the MOU through the execution of a St.
George Water Reuse Project Agreement and a Santa
Clara Project Agreement and the construction of these 2
projects, the Shivwits’ claim to water is hereby settled as
follows:
(1) The Shivwits will receive a total of 1,900
acre-feet annually from the Santa Clara River in an
average and above average year, and will have a pro-
portionate reduction with other Santa Clara Project
water users in a below average year. The 1,900 acre-
feet provided for herein shall include the 500.60
acre-feet of water under Water Right Nos. 81–2313
and 81–2425 specified in the Proposed Determina-
tion of Water Rights for the Santa Clara River-Bea-
ver Dam Wash Division, Book No. 1 at Pages 199–
Federal reserved water rights and shall not be sub-
ject to loss by abandonment or forfeiture for nonuse.
(5) The Shivwits may use the Shivwits Water
Right for either or both of the following:
(A) For any purpose anywhere on the
Shivwits Reservation.
(B) Off the Shivwits Reservation within
the Virgin River Drainage Basin in Washington
County, Utah. The Shivwits or the United
States on behalf of the Shivwits shall comply
with the provisions of section 73–3–3, Utah
Code Annotated with regard to any change in
point of diversion, place, or nature of use off
the Shivwits Reservation. Any off reservation
use of the Shivwits Water Right shall also be
in accordance with applicable Federal law.
SEC. 8. INTERLOCUTORY DECREE.
Following the construction of the St. George Water
Reuse Project and the Santa Clara Project, the parties,
including the Secretary, shall cooperate in obtaining an
interlocutory decree in the Statutory Adjudication con-
firming the Shivwits’ water right as provided for in section
7.
SEC. 9. ADDITIONAL PROJECTS.
(a) BEAVER DAM WASH PROJECT.—The Shivwits
shall have the right to participate with the District in the
development and construction of the Beaver Dam Wash
Project. The Shivwits will have the right to receive up to
1,000 acre-feet of water annually from the Beaver Dam
Wash Project subject to the payment of their propor-
tionate share of construction, operation, maintenance, and
repair costs.
(b) OTHER PROJECTS AND PURCHASES.—Nothing in
this Act shall be interpreted or construed to prevent the
Shivwits from participating in other water development
projects, including the Lake Powell Pipeline Project, or
from purchasing additional water rights for their benefit
and use.
SEC. 10. ESTABLISHMENT OF TRUST FUND.
(a) ESTABLISHMENT OF TRUST FUND.—There is
hereby established in the Treasury a fund to be known
as the Shivwits Band Resources Development Trust Fund
(in this section referred to as the ‘‘Fund’’).
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated—
(1) $5,000,000 for deposit, in accordance with
the following schedule, in the Fund, to be expended
by the Band for any water resource development
costs, including costs associated with this settle-
ment—
(A) $2,000,000 shall be deposited in the
first fiscal year which commences following the
date of the enactment of this Act;
(B) $2,000,000 during the fiscal year next
following the first fiscal year referred to in sub-
paragraph (A); and
(C) $1,000,000 during the fiscal year next
following the second fiscal year referred to in
subparagraph (B); and
(2) such amounts as are necessary, for expendi-
tures by the Secretary, to pay the Band’s share of
the construction, operation, maintenance, and re-
placement costs for the Gunlock Pipeline Project
and the St. George Reuse Project.
(c) NO PER CAPITA PAYMENTS.—No part of the
principal of the fund, or of the income accruing to such
fund, or the revenue from any water use subcontract, shall
be distributed to any member of the Band on a per capita
basis.
SEC. 11. ENVIRONMENTAL COMPLIANCE.
(a) NATIONAL ENVIRONMENTAL POLICY ACT.—Exe-
cution of the St. George Water Reuse Agreement and the
construction of the St. George Water Reuse Project shall
not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) by reason of the participation of the Shivwits or the
Secretary in the St. George Water Reuse Project. The Sec-
retary shall comply with all other aspects of the National
Environmental Policy Act of 1969, the Endangered Spe-
cies Act, and other applicable environmental laws and reg-
ulations in fulfilling the terms of the Santa Clara Project
and the St. George Water Reuse Project Agreements.
(b) ENVIRONMENTAL COMPLIANCE.—There is hereby
authorized to be appropriated such sums as may be nec-
essary to carry out all necessary environmental compliance
associated with this settlement, including mitigation meas-
ures adopted by the Secretary. The Secretary shall pay
any additional environmental compliance costs associated
with the St. George Water Reuse Project and the Santa
Clara Project by reason of the Shivwits’ involvement in
these 2 projects.
(c) BUREAU OF LAND MANAGEMENT.—With respect
to this settlement, the Bureau of Land Management shall
be designated as the lead agency in regard to environ-
mental compliance, and shall coordinate and cooperate
with the other affected Federal agencies as required under
applicable environmental laws.
SEC. 12. MISCELLANEOUS PROVISIONS.
Nothing in the Settlement Agreement or this Act
shall be construed in any way to quantify or otherwise ad-
versely affect the land and water rights, claims, or entitle-
ments to water of any Indian tribe, pueblo, or community,
other than the Shivwits Band.
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