I
106TH CONGRESS
1ST SESSION
H. R. 3291
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
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 that—
(1) on July 21, 1980, the State of Utah, pursu-
ant to title 73, chapter 4, Utah Code Ann. initiated
ment, the Santa Clara Project Agreement, and the
Settlement Agreement, and to take such actions as
are necessary to implement these agreements in a
manner consistent with this Act; and
(4) to authorize the appropriation of funds nec-
essary for implementation of the St. George Water
Reuse Project Agreement, the Santa Clara Project
Agreement, and the Settlement Agreement.
SEC. 4. DEFINITIONS.
In this Act:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(2) UTAH.—The term ‘‘Utah’’ means the State
of Utah, by and through its Department of Natural
Resources.
(3) SHIVWITS
BAND.—The term ‘‘Shivwits
Band’’ means the Shivwits Band of the Paiute In-
dian Tribe of Utah, a constituent band of the Paiute
Indian Tribe of Utah, a federally recognized Indian
tribe organized under section 16 of the Indian Reor-
ganization Act of June 18, 1934 (48 Stat. 987; 25
U.S.C. 476), and the Act of April 3, 1980 (94 Stat.
317).
(4) DISTRICT.—The term ‘‘District’’ means the
Washington County Water Conservancy District, a
Utah water conservancy district.
(5) ST. GEORGE.—The term ‘‘St. George’’
means St. George City, a Utah municipal corpora-
tion.
(6) 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.
(7) ST. 
GEORGE
WATER
REUSE
PROJECT
AGREEMENT.—The term ‘‘St. George Water Reuse
Project Agreement’’ means the agreement among
the United States, 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.
(8) SANTA CLARA PROJECT AGREEMENT.—The
term ‘‘Santa Clara Project Agreement’’ means the
agreement among the United States, Utah, the
Shivwits Band, the Washington County Water Con-
servancy District, St. George City, the town of Ivins,
the town of Santa Clara, the New Santa Clara Field
Canal Company, the St. George Clara Field Canal
Company, the Ivins Irrigation Company, the
Southgate Irrigation Company, Bloomington Irriga-
tion Company, Ed Bowler, and the Lower Gunlock
Reservoir Company, together with all exhibits there-
to, as the same is approved and executed by the Sec-
retary of the Interior pursuant to section 8 of this
Act.
(9) 
SETTLEMENT
AGREEMENT.—The 
term
‘‘Settlement Agreement’’ means that agreement
among the United States, Utah, the Shivwits Band,
the Washington County Water Conservancy District,
St. George City, the town of Ivins, the town of
Santa Clara, the New Santa Clara Field Canal Com-
pany, the St. George Clara Field Canal Company,
the Ivins Irrigation Company, the Southgate Irriga-
tion Company, Bloomington Irrigation Company, Ed
Bowler, and the Lower Gunlock Reservoir Company,
together with all exhibits thereto, as the same is ap-
proved and executed by the Secretary of the Interior
pursuant to section 8 of this Act.
(10) SHIVWITS
WATER
RIGHT.—The term
‘‘Shivwits Water Right’’ means the water right of
the Shivwits Band set forth in the Settlement Agree-
ment and as settled, confirmed, and ratified by sec-
tion 7 of this Act.
(11) SHIVWITS
BAND
WATER
DEVELOPMENT
TRUST FUND.—The term ‘‘Shivwits Band Water De-
velopment Trust Fund’’ means the Trust Fund au-
thorized in section 11 of this Act to further the pur-
poses of the Settlement Agreement and 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 owned and operated by St. George which
is a component of and which shall divert water from the
Water Reclamation Facility located in St. George, Utah,
and shall transport this water for delivery and use by St.
George and the Shivwits Band. St. George shall make
2,000 acre-feet of water available annually to the Shivwits
Band at the eastern boundary of the Shivwits Reservation
from the St. George Water Reuse Project and in accord-
ance with the St. George Water Reuse Project Agreement
and this Act.
(b) PROJECT CONSTRUCTION OPERATION AND MAIN-
TENANCE.—(1) St. George shall be responsible for the en-
gineering, permitting, construction, operation, mainte-
nance, repair, and replacement of the St. George Water
Reuse Project, and the payment of its proportionate share
of these project costs as provided for in the St. George
Water Reuse Project Agreement.
(2) The Shivwits Band and the United States on be-
half of the Shivwits Band shall make available, in accord-
ance with the terms of the St. George Water Reuse Agree-
ment and this Act, a total of $15,000,000 to St. George
for the proportionate share of the engineering, permitting,
construction, operation, maintenance, repair, and replace-
ment of the St. George Water Reuse Project associated
with the 2,000 acre-feet annually to be provided to the
Shivwits Band.
SEC. 6. SANTA CLARA PROJECT.
(a) SANTA CLARA PROJECT.—The Santa Clara
Project shall consist of a pressurized pipeline from the ex-
isting Gunlock Reservoir across the Shivwits Reservation
to and including Ivins Reservoir, along with main lateral
pipelines. The Santa Clara Project shall pool and deliver
the water rights of the parties as set forth in the Santa
Clara Agreement. The Santa Clara Project shall deliver
to the Shivwits Band a total of 1,900 acre-feet annually
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
Congress have each appropriated grants of $750,000 for
the construction of the Santa Clara Project. The District
shall provide a grant of $750,000 for the construction of
the Santa Clara Project. The District shall provide any
additional funding required for the construction of the
Santa Clara Project. The parties to the Santa Clara
Project Agreement, except the Paiute Indian Tribe of
Utah, Shivwits Band, and the United States on behalf of
the Shivwits Band, shall pay the District their propor-
tionate share of costs advanced by the District for the con-
struction of the project in excess of the Federal, State,
and District grants.
(d) PROJECT
CONSTRUCTION, OPERATION, AND
MAINTENANCE.—The District shall be responsible for the
permitting, engineering, construction, and the initial oper-
ation and maintenance of the Santa Clara Project. Oper-
ation, maintenance, repair, and replacement activities and
costs of the Santa Clara Project shall be handled in ac-
cordance with the terms of the Santa Clara Project Agree-
ment.
SEC. 7. SHIVWITS WATER RIGHT.
The Shivwits Band and its members shall have the
following rights to water, which are hereby settled, rati-
fied, and confirmed and which shall be held in trust by
the United States on behalf of the Shivwits Band and its
members:
(1) The Shivwits Band shall have the right in
perpetuity to a total of 1,900 acre-feet annually
from the Santa Clara River System as set forth in
the Santa Clara Project Agreement. The priority of
the Shivwits Band Water Right from the Santa
Clara River shall be 1890.
(2) The Shivwits Band shall have the right in
perpetuity to 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
water generated by the St. George Water Reuse
Project.
(3) The Shivwits Band shall have a right in
perpetuity to 100 acre-feet annually from ground-
water on the Shivwits Reservation. The priority of
the Shivwits groundwater right shall be 1916.
(4) The Shivwits Water Right shall not be sub-
ject to loss by abandonment or forfeiture for nonuse.
(5) The Shivwits Band may use the Shivwits
Water Right for either or both of the following:
(A) For any purpose 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 jurisdic-
tion.
(B) For any beneficial use off the Shivwits
Reservation 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 agree-
ment entered into under this subsection may perma-
nently 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 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
realized by the Shivwits Band and its members under the
St. George Water Reuse Project Agreement, the Santa
Clara Project Agreement, the Settlement Agreement, and
this Act shall constitute full and complete satisfaction of
all water rights claims of the Shivwits Band and its mem-
bers for water rights or injuries to water rights under Fed-
eral 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 ad-
ditional water rights for their benefit and use, to the
same extent as any other entity.
(b) RELEASE.—The Shivwits Band on behalf of itself
and its members, the Paiute Indian Tribe of Utah on be-
half of itself and its members in the Santa Clara River
System, and on behalf of the Shivwits Band, and the Sec-
retary on behalf of the United States, are authorized as
part of the performance of the obligations under the St.
George Water Reuse Project Agreement, the Santa Clara
Project Agreement, and the Settlement Agreement, to exe-
cute a waiver and release, except as provided in the agree-
ments, of all claims of water rights or injuries to water
rights from time immemorial to the effective date of this
Act, which the Shivwits Band and its members may have
against the United States, the State of Utah or any agen-
cy or political subdivision thereof, or any other person,
corporation, or municipal corporation, arising under the
laws of the United States or the State of Utah.
(c) SAVINGS PROVISION.—In the event the authoriza-
tions contained in subsection (b) 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 species and
plants in the Santa Clara 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; and
(2) secondarily for the benefit of species and
plants 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 agree-
ment 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 recov-
ery of any species or plant described in subsection (a).
(c) REQUIREMENTS.—Acquisition of the water rights
and related interests pursuant to this section shall be sub-
ject to the following requirements:
(1) Water rights acquired must satisfy eligi-
bility criteria adopted by the Secretary.
(2) Water right purchases shall be only from
willing sellers, but the Secretary may target pur-
chases in areas deemed by the Secretary to be most
beneficial to the water rights acquisition program es-
tablished 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 author-
ized to acquire, hold, and transfer habitat property to as-
sist the conservation and recovery of any species or plants
described in section 10(a). Acquisition of habitat property
pursuant to this section shall be subject to the following
requirements:
(1) Habitat property acquired must satisfy eli-
gibility 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
established by this section.
(e) CONTRACT.—The Secretary is authorized to ad-
minister 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 program. The water rights and habitat acquisition
program shall be administered pursuant to the Virgin
River Management Program.
(f) AUTHORIZATION.—There is authorized to be ap-
propriated $3,000,000 for the water rights and habitat ac-
quisition program authorized in 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.
SEC. 11. SHIVWITS BAND WATER DEVELOPMENT 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 Water Development
Trust Fund’’ (hereinafter called the ‘‘Trust Fund’’). The
Secretary shall deposit into the Trust Fund the funds au-
thorized to be appropriated in subsections (b) and (c). Ex-
cept as otherwise provided in this Act, the Trust Fund
principal and any income accruing thereon shall be man-
aged 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 2 equal annual in-
stallments in the 2001 and 2002 fiscal years for the fol-
lowing purposes:
(1) $5,000,000 which shall be made available to
the Shivwits Band from the Trust Fund for pur-
poses 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 activity that may be necessary or desired for
implementation of the St. George Water Reuse
Project Agreement, the Santa Clara Project Agree-
ment, the Settlement Agreement, or to fulfill the
purposes of this Act.
(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 2003
a total of $1,000,000 to cover the present value of 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 de-
posit it in a mutually agreed upon private financial institu-
tion. That withdrawal shall be made pursuant to the
American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(e) NO PER CAPITA PAYMENTS.—No part of the
principal of the Trust Fund, or of the income accruing
thereon, or of any revenue generated from any water use
subcontract, shall be distributed to any member of the
Shivwits Band on a per capita basis.
SEC. 12. ENVIRONMENTAL COMPLIANCE.
(a) NATIONAL ENVIRONMENTAL POLICY ACT.—Exe-
cution by the Secretary of the St. George Water Reuse
Project Agreement, the Santa Clara Project Agreement,
or the Settlement 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 (42 U.S.C. 4321 et seq.), and other ap-
plicable 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 In-
dian tribe, pueblo, or community, other than the Shivwits
Band.
(b) PRECEDENT.—Nothing in this Act shall be con-
strued or interpreted as a precedent for the litigation of
reserved water rights or the interpretation or administra-
tion of future water settlement Acts.
SEC. 14. EFFECTIVE DATE.
The authorization contained in section 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 modi-
fied 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
actions and approved all applications necessary to
implement the provisions of the St. George Water
Reuse Agreement, the Santa Clara Project Agree-
ment, and the Settlement Agreement, from which no
further appeals may be taken; and
(7) the court has entered a decree confirming
the Shivwits Water Right in the Virgin River Adju-
dication.
Æ