I
103D CONGRESS
1ST SESSION
H. R. 2514
To provide for the settlement of the water rights claims of the Yavapai-
Prescott Indian Tribe in Yavapai County, Arizona, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1993
Mr. STUMP introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To provide for the settlement of the water rights claims
of the Yavapai-Prescott Indian Tribe in Yavapai County,
Arizona, 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 ‘‘Yavapai-Prescott In-
dian Tribe Water Rights Settlement Act of 1993’’.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATIONS.
(a) FINDINGS.—The Congress finds that—
(1) it is the policy of the United States, in ful-
fillment of its trust responsibility to the Indian
tribes, to promote Indian self-determination and eco-
nomic self-sufficiency, and to settle, wherever pos-
sible, the water rights claims of Indian tribes with-
out lengthy and costly litigation;
(2) meaningful Indian self-determination and
economic self-sufficiency depend on the development
of viable Indian reservation economies;
(3) quantification of rights to water and devel-
opment of facilities needed to utilize tribal water
supplies effectively is essential to the development of
viable Indian reservation economies, particularly in
arid western States;
(4) on June 7, 1935, and by actions subsequent
thereto, the United States established a reservation
for the Yavapai-Prescott Indian Tribe in Arizona
adjacent to the city of Prescott;
(5) proceedings to determine the full extent of
Yavapai-Prescott Tribe’s water rights are currently
pending before the Superior Court of the State of
Arizona in and for Maricopa County, as part of the
general adjudication of the Gila River system and
source;
(6) recognizing that final resolution of the gen-
eral adjudication will take many years and entail
great expense to all parties, prolong uncertainty as
to the full extent of the Yavapai-Prescott Tribe’s en-
titlement to water and the availability of water sup-
plies to fulfill that entitlement, and impair orderly
planning and development by the Tribe and the city
of Prescott; the Tribe, the city of Prescott, the
Chino Valley Irrigation District, the State of Ari-
zona and the United States have sought to settle all
claims to water between and among them;
(7) representatives of the Yavapai-Prescott
Tribe, the city of Prescott, the Chino Valley Irriga-
tion District, the State of Arizona and the United
States have negotiated a Settlement Agreement to
resolve all water rights claims between and among
them, and to provide the Tribe with long term, reli-
able water supplies for the orderly development and
maintenance of the Tribe’s reservation;
(8) pursuant to the Settlement Agreement and
the Water Service Agreement, the quantity of water
made available to the Yavapai-Prescott Tribe by the
city of Prescott and the Chino Valley Irrigation Dis-
trict will be secured, such Agreements will be contin-
ued in perpetuity, and the Tribe’s continued on-res-
ervation use of water for municipal and industrial,
recreational and agricultural purposes will be pro-
vided for;
(9) to advance the goals of Federal Indian pol-
icy and to fulfill the trust responsibility of the Unit-
ed States to the Tribe, it is appropriate that the
United States participate in the implementation of
the Settlement Agreement and contribute funds to
firm up the city of Prescott and the Yavapai-Pres-
cott Tribe’s long-term water supplies so as to enable
the Tribe to utilize fully its water entitlements in de-
veloping a diverse, efficient reservation economy; and
(10) providing funds for the acquisition and de-
velopment of replacement water in exchange for the
CAP contract of the Yavapai-Prescott Tribe and the
CAP subcontract of the city of Prescott is a cost-ef-
fective means for the United States to ensure reli-
able, long-term water supplies for the Yavapai-Pres-
cott Tribe and to promote efficient, environmentally
sound use of available water supplies in the Verde
River basin.
(b) DECLARATION OF PURPOSES.—The Congress de-
clares that the purposes of this Act are:
(1) to approve, ratify and confirm the Settle-
ment Agreement among the Yavapai-Prescott Tribe,
the city of Prescott, the Chino Valley Irrigation Dis-
trict, the State of Arizona and the United States;
(2) to authorize and direct the Secretary of the
Interior to execute and perform the Settlement
Agreement;
(3) to authorize the actions and appropriations
necessary for the United States to fulfill its legal
and trust obligations to the Yavapai-Prescott Tribe
as provided in the Settlement Agreement and this
Act;
(4) to authorize appropriation of such sums as
may be agreed upon by the Secretary, city of Pres-
cott, and the Yavapai-Prescott Tribe as necessary
for the Secretary to acquire the contract of the
Yavapai-Prescott Tribe for 500 acre-feet of CAP
water and the subcontract of the city of Prescott for
7,167 acre-feet of CAP water for use in the settle-
ment of water rights of other Indian tribes having
claims to the water in the Salt and Verde River
system;
(5) to require that expenditures of such appro-
priations by the Yavapai-Prescott Tribe and Prescott
for the acquisition or development of replacement
water supplies in the Verde River basin shall not be
inconsistent with the goals of the Prescott Active
Management Area, preservation of riparian habitat,
flows and biota of the Verde River and its tribu-
taries;
(6) to authorize the Secretary to substitute all
or part of CAP Indian and non-Indian municipal
and industrial priority water acquired pursuant to
this Act for CAP water of agricultural or municipal
and industrial priority acquired by the Secretary
pursuant to Public Law 101–628, the Fort
McDowell Indian Community Water Rights Settle-
ment Act, and assigned to that Community; and
(7) to repeal section 406(k) of Public Law 101–
628 which authorizes $30,000,000 in appropriations
for the acquisition of land and water resources in
the Verde River basin and for the development
thereof as an alternative source of water for the
Fort McDowell Indian Community.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘CAP’’ means the Central Ari-
zona Project, a reclamation project authorized under
title III of the Colorado River Basin Project Act of
1968 (43 U.S.C. 1521 et seq.).
(2) The term ‘‘CAWCD’’ means the Central Ar-
izona Water Conservation District, organized under
the laws of the State of Arizona, which is the con-
(b) PERPETUITY.—The Settlement Agreement and
Water Service Agreement shall include provisions which
will ensure that the benefits to the Tribe thereunder shall
be secure in perpetuity. Notwithstanding the provisions of
section 2103 of the Revised Statutes of the United States
(25 U.S.C. 81) relating to the term of the Agreement, the
Secretary is authorized and directed to approve the Water
Service Agreement with a perpetual term.
SEC. 5. ACQUISITION AND ALLOCATION OF CAP WATER.
(a) ACQUISITION OF CONTRACTS.—The Secretary is
authorized and directed to acquire the CAP contract of
the Tribe, and the CAP subcontract of the city of Prescott
in exchange for an appropriate share of funds appro-
priated to the Verde River Basin Water Fund established
pursuant to section 6.
(b) ALLOCATION OF WATER.—The Secretary may al-
locate to the Fort McDowell Indian Community all or part
of the water acquired pursuant to section 5(a) directly or
in lieu of water which the Secretary acquired from the
Harquahala 
Valley 
Irrigation 
District 
(hereinafter
‘‘HVID’’) pursuant to section 406(b) of the Act of Novem-
ber 28, 1990 (Public Law 101–628; 104 Stat. 4483), and
allocated to the Community in fulfillment of the United
States’ obligations. In the event the Secretary allocates
water acquired pursuant to section 5(a) in lieu of water
acquired from the HVID, the Secretary may reallocate
HVID water to one or more other Arizona Indian tribes,
bands or communities with claims to the Salt and Verde
River System. The Secretary may reallocate HVID water
either with its original CAP agricultural priority or as con-
verted to a CAP Indian priority.
(c) PRIORITY.—The priority of water acquired under
this section, if allocated by the Secretary to the Commu-
nity, or to any other Arizona Indian tribe, band or commu-
nity, shall be the same as established in the Notice of
Final Water Allocations to Indian and non-Indian Water
Users and Related Decisions, dated March 24, 1983 (48
FR 2446 et seq.). The Community or any other Arizona
tribe, band or community to whom such water may be allo-
cated shall pay the United States or, if directed by the
Secretary, the CAWCD, all operation, maintenance and
replacement costs associated with such CAP water. Water
service capital charges, or any other charges or payments
for such CAP water other than operation, maintenance
and replacement costs shall be nonreimbursable.
(d) EXCLUSION OF CERTAIN COSTS.—The Secretary
shall, for the purpose of determining the allocation and
repayment of costs of the CAP as provided in Article 9.3
of Contract No. 14–06–W–245, Amendment No. 1, be-
tween the United States and the CAWCD dated December
1, 1988, and any amendment or revision thereof, exclude
the costs associated with water acquired under this section
from the CAWCD’s repayment obligation and such costs
shall be nonreimbursable.
SEC. 6. REPLACEMENT WATER FUND; CONTRACTS.
(a) FUND.—The Secretary shall establish a fund to
be known as the ‘‘Verde River Basin Water Fund’’ (here-
inafter called the ‘‘Fund’’) to provide replacement water
for the CAP water relinquished by the Tribe and by Pres-
cott. Moneys in the Fund shall be available without fiscal
year limitations.
(b) CONTENT OF FUND.—The Fund shall consist of
moneys appropriated to it pursuant to the authorization
in section 9(a), and any moneys returned to the Fund pur-
suant to subsection (d).
(c) PAYMENTS FROM FUND.—The Secretary shall,
subsequent to the publication of a statement of findings
as provided in section 12(a), cause to be paid from the
Fund to the Tribe and to Prescott an amount equal to
the number of acre-feet of CAP water relinquished by the
Tribe and by Prescott times a value to be negotiated by
the Secretary with the Tribe and Prescott, respectively,
together with interest as provided in section 9(b).
(d) CONTRACTS.—The Secretary shall require, as a
condition precedent to the payment of any moneys pursu-
ant to subsection (c), that the Tribe and Prescott agree,
by contract with the Secretary, to establish trust accounts
into which the payments would be deposited and adminis-
tered, to use such moneys consistent with the purpose and
intent of section 7, to provide for audits of such accounts,
and for the repayment to the Fund, with interest, any
amount determined by the Secretary not to have been used
within the purpose and intent of section 7.
SEC. 7. EXPENDITURES OF FUNDS.
(a) BY THE CITY.—All moneys paid to Prescott for
relinquishing its CAP subcontract to the Secretary and de-
posited into a trust account pursuant to section 6(d), shall
be used for the purposes of defraying expenses associated
with the investigation, acquisition or development of alter-
native sources of water to replace the CAP water relin-
quished under this Act. Alternative sources shall be under-
stood to include, but not be limited to, retirement of agri-
cultural land and acquisition of associated water rights,
development of ground water resources outside the Pres-
cott Active Management Area established pursuant to the
laws of the State of Arizona, and artificial recharge.
(b) BY THE TRIBE.—All funds paid to the Tribe for
relinquishing its CAP contract to the Secretary, and de-
posited into a trust account pursuant to section 6(d), shall
be used to defray its water service costs under the Water
Service Agreement or to develop and maintain facilities
for on-reservation water or effluent use.
(c) NO PER CAPITA PAYMENTS.—No amount of the
Tribe’s portion of the Fund may be used to make per cap-
ita payments to any member of the Tribe, nor may any
amount of any payment made pursuant to section 6(c) be
distributed as a dividend or per capita payment to any
constituent, member, shareholder, director or employee of
Prescott.
(d) DISCLAIMER.—Effective with the payment of
funds pursuant to section 6(c), the United States shall not
be liable for any claim or cause of action arising from the
use of such funds by the Tribe or by Prescott.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
The Secretary, the Tribe and Prescott shall comply
with all applicable Federal environmental and State envi-
ronmental and water laws in developing alternative water
sources pursuant to section 7(a). Development of such al-
ternative water sources shall not be inconsistent with the
goals of the Prescott Active Management Area, preserva-
tion of the riparian habitat, flows and biota of the Verde
River and its tributaries.
SEC. 9. APPROPRIATIONS AUTHORIZATION AND REPEAL.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Fund established pursuant to section
6(a):
(1) Such sums as may be required to meet the
amount agreed upon by the Secretary, city of Pres-
cott, and the Yavapai-Prescott Tribe as necessary
for the acquisition of the CAP contract of the Tribe
and the CAP subcontract of the city of Prescott,
plus an amount necessary for any accrued interest
in accordance with subsection (b).
(2) Such sums as may be necessary, but not to
exceed $200,000, to the Secretary for the Tribe’s
costs associated with judicial confirmation of the set-
tlement.
(3) Such sums as may be necessary to provide
for the study required under section 11(d).
(4) Such sums as may be necessary to estab-
lish, maintain and operate the gauging station re-
quired under section 11(e).
(b) INTEREST.—Interest shall accrue and be paid by
the United States on the amount authorized in subsection
(a)(1) beginning October 1, 1993, or the date the agree-
ment referred to in subsection (a) is entered into, which-
ever last occurs, and shall continue to accrue until appro-
priated, at rates determined by the Secretary of the Treas-
ury, taking into consideration the average market yield on
outstanding Federal obligations of comparable maturity.
(c) STATE CONTRIBUTION.—The State of Arizona
shall contribute $200,000 to the trust account established
by the Tribe pursuant to the Settlement Agreement and
section 6(d) for uses consistent with section 7(b).
(d) REPEAL.—Subsection 406(k) of the Act of No-
vember 28, 1990 (Public Law 101–628; 104 Stat. 4487)
is repealed.
SEC. 10. SATISFACTION OF CLAIMS.
(a) WAIVER.—The benefits realized by the Tribe and
its members under the Settlement Agreement and this Act
shall constitute full and complete satisfaction of all mem-
bers’ claims for water rights or injuries to water rights
under Federal and State laws (including claims for water
rights in ground water, surface water and effluent) from
time immemorial to the effective date of this Act, and for
any and all future claims of water rights (including claims
for water rights in ground water, surface water, and efflu-
ent) from and after the effective date of this Act. Nothing
in this Act shall be deemed to recognize or establish any
right of a member of the Tribe to water on the Tribe’s
reservation.
(b) WAIVER AND RELEASE.—The Tribe, on behalf of
itself and its members, and the Secretary on behalf of the
SEC. 11. MISCELLANEOUS PROVISIONS.
(a) JOINING OF PARTIES.—In the event any party
to the Settlement Agreement should file a lawsuit in any
United States district court relating only and directly to
the interpretation or enforcement of the Settlement Agree-
ment or this Act, naming the United States of America
or the Tribe as parties, authorization is hereby granted
to join the United States of America or the Tribe, or both,
in any such litigation, and any claim by the United States
of America or the Tribe to sovereign immunity from such
suit is hereby waived. In the event Prescott submits a dis-
pute under the Water Service Agreement to arbitration
or seeks review by the United States District Court for
the District of Arizona of an arbitration award under the
Water Service Agreement, any claim by the Tribe to sov-
ereign immunity from such arbitration or review is hereby
waived.
(b) NO REIMBURSEMENT.—The United States of
America shall make no claims for reimbursement of costs
arising out of the implementation of the Settlement Agree-
ment or this Act against any lands within the Yavapai-
Prescott Indian Reservation, and no assessment shall be
made with regard to such costs against such lands.
(c) GROUND WATER MANAGEMENT PLAN.—The Sec-
retary, in consultation with the Tribe, is authorized to es-
tablish a ground water management plan for the reserva-
tion which, except as is necessary to be consistent with
the Water Service Agreement, the Settlement Agreement
and this Act, will be compatible with the ground water
management plan in effect for the Prescott Active Man-
agement Area. In establishing a ground water manage-
ment plan pursuant to this section, the Secretary may con-
sult with the Arizona Department of Water Resources or
the Prescott Active Management Area Director.
(d) WATER STUDY.—The Secretary is authorized and
directed to study the sources and costs of water supplies
which may be available to fulfill the trust responsibility
of the United States to the Tonto Apache Tribe of Arizona
with respect to water. Sources to be studied shall include
water service from the town of Payson, Arizona. The study
shall be commenced within 180 days after the enactment
of this Act and shall be completed within 1 year after it
is commenced. Copies of this study shall be provided to
the Committee on Interior and Insular Affairs of the
House of Representatives and the Select Committee on
Indian Affairs of the Senate.
(e) GAUGING
STATION.—The Secretary, acting
through the Geological Survey, shall establish, maintain
and operate a gauging station at the State Highway 89
bridge across Granite Creek adjacent to the reservation
to assist the Tribe and the CVID in allocating the surface
flows from Granite Creek as provided in the Settlement
Agreement.
SEC. 12. EFFECTIVE DATE.
(a) WAIVERS AND RELEASES.—The waivers and re-
leases required by section 10(b) of this Act shall become
effective as of the date the Secretary causes to be pub-
lished in the Federal Register a statement of findings
that—
(1) the Secretary has executed contracts for the
acquisition of the Tribe’s CAP contract and the city
of Prescott’s CAP subcontract as provided in section
6(d);
(2) the stipulation which is attached to the Set-
tlement Agreement as exhibit 9.5, has been approved
in substantially the form of such exhibit no later
than December 31, 1994, such approval conditioned
upon subsequent appropriation of funds authorized
in section 9(a)(1) and deposit of such funds into the
Tribe’s and Prescott’s respective trust accounts;
(3) the Settlement Agreement has been modi-
fied to the extent it is in conflict with this Act and
has been executed by the Secretary; and
(4) the State of Arizona has appropriated and
deposited into the Tribe’s trust account $200,000 as
required by the Settlement Agreement.
(b) DEADLINE.—If the actions described in para-
graphs (1), (2), (3), and (4) of subsection (a) have not
occurred by December 31, 1995, any contract between
Prescott and the United States entered into pursuant to
section 6(d) shall not thereafter be effective, any funds
appropriated pursuant to section 9(a)(1) shall be returned
to the Treasury of the United States, and any funds ap-
propriated by the State of Arizona pursuant to the Settle-
ment Agreement shall be returned by the Tribe to the
State of Arizona.
SEC. 13. OTHER CLAIMS.
(a) OTHER TRIBES.—Nothing in the Settlement
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 Arizona
Indian tribe, band or community, other than the Tribe.
(b) FEDERAL AGENCIES.—Nothing in this Act shall
be construed to affect the water rights or the water rights
claims of any Federal agency, other than the Bureau of
Indian Affairs on behalf of the Tribe.
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