IB
Union Calendar No. 424
106TH CONGRESS
2D SESSION
H. R. 3291
[Report No. 106–743]
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.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. HANSEN introduced the following bill; which was referred to the
Committee on Resources
JULY 17, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 10, 1999]
A BILL
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,
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 Shivwits
Band by Executive order dated April 21, 1916. An
additional 1,280 acres 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 adjudication
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 deliv-
ered through a canal devoted exclusively to non-In-
dian use that traverses the reservation 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 access to water has frustrated its ef-
forts to achieve meaningful self-determination and
economic self-sufficiency.
(6) On July 21, 1980, the State of Utah, pursu-
ant to title 73, chapter 4, Utah Code Ann., initiated
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 under-
ground, within the drainage area of the Virgin River
and its tributaries in Utah (‘‘Virgin River Adjudica-
tion’’), including the Santa Clara River Drainage
(‘‘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 water rights and aboriginal
claims for the benefit of the Shivwits Band to water
from the Santa Clara River System; said claim cov-
ered all potential water rights for Indian tribes or
bands in the Virgin River System.
(8) The Virgin River Adjudication will take
many years to conclude, entail great expense, and
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 Washington
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 entitlement of the
Shivwits Band, and to provide for the construction of
water projects to facilitate the settlement 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 pol-
icy and consistent with the trust responsibility of the
United States to the Shivwits Band, it is appropriate
that the United States participate in the implementa-
tion of the St. George Water Reuse Project Agreement,
the Santa Clara Project Agreement, and the Settle-
ment 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 Agreement,
the Santa Clara Project Agreement, and the Settle-
ment Agreement, and to take such actions as are nec-
essary 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 Re-
sources.
(3) 
SHIVWITS
BAND.—The 
term 
‘‘Shivwits
Band’’ means the Shivwits Band of the Paiute Indian
Tribe of Utah, a constituent band of the Paiute In-
dian 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 (48
Stat. 987; 25 U.S.C. 476), and the Act of April 3,
1980 (94 Stat. 317), comprised of five bands of South-
ern 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 corporation.
(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 AGREE-
MENT.—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 Interior pursuant to section
8 of this Act.
(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 Irrigation
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 ‘‘Set-
tlement Agreement’’ means that 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 Company, the St. George
Clara Field Canal Company, the Ivins Irrigation
Company, the Southgate Irrigation Company, Bloom-
ington Irrigation Company, Ed Bowler, and the
Lower Gunlock Reservoir Company, together with all
exhibits thereto, as the same is approved 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 Agreement
and as settled, confirmed, and ratified by section 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 pur-
poses of the Settlement Agreement and this Act.
(13) VIRGIN RIVER RESOURCE MANAGEMENT AND
RECOVERY PROGRAM.—The term ‘‘Virgin River Re-
source Management and Recovery Program’’ means
the proposed multiagency program, to be adminis-
tered 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 recovery 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 treatment
facilities, a pipeline, and associated pumping and delivery
facilities owned and operated by St. George, which is a com-
ponent of, and shall divert water from, the Water Reclama-
tion Facility located in St. George, Utah, and shall trans-
port 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.
in accordance with the Santa Clara Project Agreement 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 con-
struction of the Santa Clara Project. The District shall pro-
vide any additional funding required for the construction
of the Santa Clara Project.
(d) PROJECT CONSTRUCTION, OPERATION, AND MAIN-
TENANCE.—The District shall be responsible for the permit-
ting, design, engineering, construction, and the initial oper-
ation, maintenance, repair, and replacement of the Santa
Clara Project. Operation, maintenance, repair, and replace-
ment 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, im-
pound, 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
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 ben-
efit of the Shivwits Band.
(c) SETTLEMENT.—The Shivwits Band may use water
from the springs and runoff located on the Shivwits Res-
ervation. The amount used from these sources will be re-
ported 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 aban-
donment, forfeiture, or nonuse.
(e) USE OF LEASE.—The Shivwits Band may use or
lease the Shivwits Water Right for either or both of the fol-
lowing:
(1) For any purpose permitted by tribal or Fed-
eral law anywhere on the Shivwits Band Reservation.
Once the water is delivered to the Reservation, such
use shall not be subject to State law, regulation, or ju-
risdiction.
(2) For any beneficial use off the Shivwits Res-
ervation in accordance with the St. George Water
Reuse Agreement, the Santa Clara Project Agreement,
the Settlement Agreement, and all applicable Federal
and State laws.
No service contract, lease, exchange, or other agreement en-
tered into under this subsection may permanently alienate
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 execute,
and take such other actions as are necessary to implement,
such agreements.
SEC. 9. SATISFACTION OF CLAIMS.
(a) FULL SATISFACTION OF CLAIMS.—The benefits re-
alized 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 members, 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 immemorial to the
effective date of this Act. Notwithstanding the foregoing,
nothing in this Act shall be—
(1) deemed to recognize or establish any right of
a member of the Shivwits Band to water on the
Shivwits Reservation; or
(2) interpreted or construed to prevent or pro-
hibit the Shivwits Band from participating in the fu-
ture in other water projects, or from purchasing addi-
tional water rights for their benefit and use, to the
same extent as any other entity.
(b) RELEASE.—By the approval, ratification, and con-
firmation herein of the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, and the Set-
tlement Agreement, the United States executes the following
waiver to be effective upon satisfaction of the conditions set
forth in section 14 of this Act. For purposes of this section—
(1) ‘‘water rights’’ means rights under State and
Federal law to divert, pump, impound, use, or reuse,
or to permit others to divert, pump, impound, use or
reuse water; and
(2) ‘‘injuries to water rights’’ means the loss,
deprivation, or diminution of water rights.
(c) WAIVER AND RELEASE.—Except as otherwise pro-
vided in the Settlement Agreement, this Act, or the proposed
judgment and decree referred to in section 14(a)(7) of this
Act, the United States, on behalf of the Shivwits Band and
the Paiute Indian Tribe of Utah acting on behalf of the
Shivwits Band, waives and releases the following:
(1) All claims for water rights or injuries to
water rights for lands within the Shivwits Reserva-
tion that accrued at any time up to and including
the effective date determined by section 14 of this Act,
and any continuation thereafter of any of these
claims, that the United States for the benefit of the
Shivwits Band may have against Utah, any agency
or political subdivision thereof, or any person, entity,
corporation, or municipal corporation.
(2) All claims for water rights or injuries to
water rights for lands outside of the Shivwits Res-
ervation, where such claims are based on aboriginal
occupancy of the Shivwits Band, its members, or their
predecessors, that accrued at any time up to and in-
cluding the effective date determined by section 14 of
this Act, and any continuation thereafter of any of
these claims, that the United States for the benefit of
the Shivwits Band may have against Utah, any agen-
cy or political subdivision thereof, or any person, en-
tity, corporation, or municipal corporation.
(3) All claims for trespass to lands on the
Shivwits Reservation regarding the use of Ivins Res-
ervoir that accrued at any time up to and including
the effective date determined by section 14 of this Act.
(d) SAVINGS PROVISION.—In the event the authoriza-
tions contained in subsection (d) of this section do not be-
come effective pursuant to section 14, the Shivwits Band
and the United States shall retain the right to assert past
and future water rights claims as to all lands of the
Shivwits Reservation, and the water rights claims and de-
fenses of all other parties to the agreements shall also be
retained.
SEC. 10. WATER RIGHTS AND HABITAT ACQUISITION PRO-
GRAM.
(a) IN GENERAL.—The Secretary is authorized to es-
tablish a water rights and habitat acquisition program in
the Virgin River Basin—
(1) primarily for the benefit of native plant and
animal species in the Santa Clara River Basin which
have been listed, are likely to be listed, or are the sub-
ject of a duly approved conservation agreement under
the Endangered Species Act; and
(2) secondarily for the benefit of native plant
and animal species in other parts of the Virgin River
Basin which have been listed, are likely to be listed,
or are the subject of a duly approved conservation
agreement under the Endangered Species Act.
(b) WATER AND WATER RIGHTS.—The Secretary is
authorized to acquire water and water rights, with or with-
out the lands to which such rights are appurtenant, and
to acquire shares in irrigation and water companies, and
to transfer, hold, and exercise such water and water rights
and related interests to assist the conservation and recovery
of any native plant or animal species described in sub-
section (a).
(c) REQUIREMENTS.—Acquisition of the water rights
and related interests pursuant to this section shall be subject
to the following requirements:
(1) Water rights acquired must satisfy eligibility
criteria adopted by the Secretary.
(2) Water right purchases shall be only from
willing sellers, but the Secretary may target purchases
in areas deemed by the Secretary to be most beneficial
to the water rights acquisition program established by
this section.
(3) All water rights shall be transferred and ad-
ministered in accordance with any applicable State
law.
(d) HABITAT PROPERTY.—The Secretary is authorized
to acquire, hold, and transfer habitat property to assist the
conservation and recovery of any native plant or animal
species described in section 10(a). Acquisition of habitat
property pursuant to this section shall be subject to the fol-
lowing requirements:
(1) Habitat property acquired must satisfy eligi-
bility criteria adopted by the Secretary.
(2) Habitat property purchases shall be only
from willing sellers, but the Secretary may target
purchases in areas deemed by the Secretary to be most
beneficial to the habitat acquisition program estab-
lished by this section.
(e) CONTRACT.—The Secretary is authorized to admin-
ister the water rights and habitat acquisition program by
contract or agreement with a non-Federal entity which the
Secretary determines to be qualified to administer such pro-
gram. The water rights and habitat acquisition program
shall be administered pursuant to the Virgin River Re-
source Management and Recovery Program.
(f) AUTHORIZATION.—There is authorized to be appro-
priated from the Land and Water Conservation Fund in
fiscal year 2003 or any year thereafter, a total of
$3,000,000 for the water rights and habitat acquisition pro-
gram authorized in this section. The Secretary is authorized
to deposit and maintain this appropriation in an interest
bearing account, said interest to be used for the purposes
of this section. The funds authorized to be appropriated by
this section shall not be in lieu of or supersede any other
commitments by Federal, State, or local agencies. The funds
appropriated pursuant to this section shall be available
until expended, and shall not be expended for the purpose
set forth in subsection (a)(2) until the Secretary has evalu-
ated the effectiveness of the instream flow required and pro-
vided by the Santa Clara Project Agreement, and has as-
sured that the appropriations authorized in this section are
first made available for the purpose set forth in subsection
(a)(1).
SEC. 11. SHIVWITS BAND TRUST FUND.
(a) ESTABLISHMENT OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a fund to
be known as the ‘‘Shivwits Band Trust Fund’’ (hereinafter
called the ‘‘Trust Fund’’). The Secretary shall deposit into
the Trust Fund the funds authorized to be appropriated in
subsections (b) and (c). Except as otherwise provided in this
Act, the Trust Fund principal and any income accruing
thereon shall be managed in accordance with the American
Indian Trust Fund Management Reform Act (108 Stat.
4239; 25 U.S.C. 4001 et seq.).
(b) AUTHORIZATION.—There is authorized to be ap-
propriated a total of $20,000,000, in the 2001, 2002, or
2003 fiscal years for the following purposes:
(1) $5,000,000, which shall be made available to
the Shivwits Band from the Trust Fund for purposes
including but not limited to those that would enable
the Shivwits Band to put to beneficial use all or part
of the Shivwits Water Right, to defray the costs of
any water development project in which the Shivwits
Band is participating, or to undertake any other ac-
tivity that may be necessary or desired for implemen-
tation of the St. George Water Reuse Project Agree-
ment, the Santa Clara Project Agreement, the Settle-
ment Agreement, or for economic development on the
Shivwits Reservation.
(2) $15,000,000, which shall be made available
by the Secretary and the Shivwits Band to St. George
for the St. George Water Reuse Project, in accordance
with the St. George Water Reuse Project Agreement.
(c) SHARE OF CERTAIN COSTS.—There is authorized
to be appropriated to the Trust Fund in fiscal year 2001,
2002, or 2003 a total of $1,000,000 to assist with the
Shivwits Band’s proportionate share of operation, mainte-
nance, repair, and replacement costs of the Santa Clara
Project as provided for in the Santa Clara Project Agree-
ment.
(d) USE
OF
THE TRUST FUND.—Except for the
$15,000,000 appropriated pursuant to subsection (b)(2), all
Trust Fund principal and income accruing thereon may
be used by the Shivwits Band for the purposes described
in subsection (b)(1). The Shivwits Band, with the approval
of the Secretary, may withdraw the Trust Fund and deposit
it in a mutually agreed upon private financial institution.
That withdrawal shall be made pursuant to the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.). If the Shivwits Band exercises its right
pursuant to this subsection to withdraw the Trust Fund
and deposit it in a private financial institution, except as
provided in the withdrawal plan, neither the Secretary nor
the Secretary of the Treasury shall retain any oversight over
or liability for the accounting, disbursement, or investment
of the funds.
(e) NO PER CAPITA PAYMENTS.—No part of the prin-
cipal of the Trust Fund, or of the income accruing thereon,
or of any revenue generated from any water use sub-
contract, shall be distributed to any member of the Shivwits
Band on a per capita basis.
(f) LIMITATION.—The moneys authorized to be appro-
priated under subsections (b) and(c) shall not be available
for expenditure or withdrawal by the Shivwits Band until
the requirements of section 14 have been met so that the
decree has become final and the waivers and releases exe-
cuted pursuant to section 9(b) have become effective. Once
the settlement becomes effective pursuant to the terms of sec-
tion 14 of this Act, the assets of the Trust Fund belong to
the Shivwits Band and are not returnable to the United
States Government.
SEC. 12. ENVIRONMENTAL COMPLIANCE.
(a) NATIONAL ENVIRONMENTAL POLICY ACT.—Execu-
tion by the Secretary of the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, or the Set-
tlement Agreement shall not constitute major Federal action
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) OTHER REQUIREMENTS.—The Secretary shall
comply with all other aspects of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
other applicable environmental laws in implementing the
terms of the St. George Water Reuse Agreement, the Santa
Clara Project Agreement, the Settlement Agreement, and
this Act.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) OTHER INDIAN TRIBES.—Nothing in the Settle-
ment Agreement or this Act shall be construed in any way
to quantify or otherwise adversely affect the land and water
rights, claims, or entitlements to water of any Indian tribe,
pueblo, or community, other than the Shivwits Band and
the Paiute Indian Tribe of Utah acting on behalf of the
Shivwits Band.
(b) PRECEDENT.—Nothing in this Act shall be con-
strued or interpreted as a precedent for the litigation of re-
served water rights or the interpretation or administration
of future water settlement Acts.
(c) WAIVER OF SOVEREIGN IMMUNITY.—Except to the
extent provided in subsections (a), (b), and (c) of section
208 of the Department of Justice Appropriation Act, 1953
(43 U.S.C. 666), nothing in this Act may be construed to
waive the sovereign immunity of the United States. Fur-
thermore, the submission of any portion of the Settlement
Agreement to the District Court in the Virgin River Adju-
dication shall not expand State court jurisdiction or ex-
pand in any manner the waiver of sovereign immunity of
the United States in section 666 of title 43, United States
Code, or any other provision of Federal law.
(d) APPRAISALS.—Notwithstanding any other law to
the contrary, the Secretary is authorized to approve any
right-of-way appraisal which has been completed in accord-
ance with the provisions of the Santa Clara Project Agree-
ment.
SEC. 14. EFFECTIVE DATE.
(a) IN GENERAL.—The authorization contained in sec-
tion 9(b) of this Act shall become effective as of the date
the Secretary causes to be published in the Federal Register
a statement of findings that—
(1) the funds authorized by section 11 (b) and
(c) have been appropriated and deposited into the
Trust Fund;
(2) the funds authorized by section 10(c) have
been appropriated;
(3) the St. George Water Reuse Project Agree-
ment has been modified to the extent it is in conflict
with this Act and has been executed by all parties
thereto;
(4) the Santa Clara Project Agreement has been
modified to the extent it is in conflict with this Act
and has been executed by all parties thereto;
(5) the Settlement Agreement has been modified
to the extent it is in conflict with this Act and has
been executed by all parties thereto;
(6) the State Engineer of Utah has taken all ac-
tions and approved all applications necessary to im-
plement the provisions of the St. George Water Reuse
Agreement, the Santa Clara Project Agreement, and
the Settlement Agreement, from which no further ap-
peals may be taken; and
(7) the court has entered a judgment and decree
confirming the Shivwits Water Right in the Virgin
River Adjudication pursuant to Utah Rule of Civil
Procedure 54(b), that confirms the Shivwits Water
Right and is final as to all parties to the Santa Clara
Division of the Virgin River Adjudication and from
which no further appeals may be taken, which the
United States and Utah find is consistent in all ma-
terial aspects with the Settlement Agreement and with
the proposed judgment and decree agreed to by the
parties to the Settlement Agreement.
(b) DEADLINE.—If the requirements of paragraphs (1)
through (7) of subsection (a) are not completed to allow the
Secretary’s statement of findings to be published by Decem-
ber 31, 2003—
(1) except as provided in section 9(c), this Act
shall be of no further force and effect; and
(2) all unexpended funds appropriated under
section 11(b) and (c), together with all interest earned
on such funds shall revert to the general fund of the
United States Treasury on December 31, 2004.
Union Calendar No. 424
106TH CONGRESS
2D SESSION
H. R. 3291
[Report No. 106–743]
A BILL
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.
JULY 17, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed