I 
118TH CONGRESS 
2D SESSION 
H. R. 8949 
To approve the settlement of water rights claims of the Yavapai-Apache 
Nation in the State of Arizona, to authorize construction of a water 
project relating to those water rights claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 8, 2024 
Mr. SCHWEIKERT (for himself, Mrs. LESKO, Mr. CISCOMANI, and Mr. STAN-
TON) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To approve the settlement of water rights claims of the 
Yavapai-Apache Nation in the State of Arizona, to au-
thorize construction of a water project relating to those 
water rights claims, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Yavapai-Apache Nation Water Rights Settlement Act of 
2024’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Purposes and findings. 
Sec. 3. Definitions. 
TITLE I—YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT 
AGREEMENT 
Sec. 101. Ratification and execution of the Yavapai-Apache Nation Water 
Rights Settlement Agreement. 
Sec. 102. Water rights. 
Sec. 103. Tu´ n´lnı´choh Water Infrastructure Project. 
Sec. 104. Tu´ n´lnı´choh Water Infrastructure Project Fund. 
Sec. 105. Yavapai-Apache Nation Water Settlement Trust Fund. 
Sec. 106. Gaging station. 
Sec. 107. Funding. 
Sec. 108. Waivers, releases and retentions of claims. 
Sec. 109. Satisfaction of water rights and other benefits; effect on members of 
the Yavapai-Apache Nation and Dinah Hood Allotment. 
Sec. 110. Trust land. 
Sec. 111. Yavapai-Apache Nation Cap Water. 
Sec. 112. Enforceability date. 
Sec. 113. Administration. 
Sec. 114. Miscellaneous. 
TITLE II—YAVAPAI-APACHE LAND EXCHANGE 
Sec. 201. Yavapai-Apache land exchange. 
Sec. 202. Town of Camp Verde and Forest Service. 
SEC. 2. PURPOSES AND FINDINGS. 
The purposes of this Act are— 
(1) to resolve, fully and finally, all claims to 
rights to water, including damages claims related to 
water, in the State, including in the Verde River 
Watershed and the Colorado River, of— 
(A) the Yavapai-Apache Nation, on behalf 
of the Yavapai-Apache Nation and the Members 
of the Yavapai-Apache Nation (but not Mem-
bers in the capacity of the Members as 
Allottees); 
(B) the United States, acting as trustee 
for the Yavapai-Apache Nation and the Mem-
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bers of the Yavapai-Apache Nation (but not 
Members in the capacity of the Members as 
Allottees); 
(2) to authorize, ratify, and confirm the 
Yavapai-Apache Nation Water Rights Settlement 
Agreement, to the extent that agreement is con-
sistent with this Act; 
(3) to authorize and direct the Secretary to exe-
cute and perform the duties and obligations of the 
Secretary under the Yavapai-Apache Nation Water 
Rights Settlement Agreement and this Act; 
(4) to authorize the appropriation of funds nec-
essary to carry out the Yavapai-Apache Nation 
Water Rights Settlement Agreement and this Act; 
and 
(5) to recognize the important cultural, tradi-
tional and religious value of the Verde River to the 
Yavepe´ (Yavapai) who know the Verde River as 
Hatayakehela (‘‘big river’’), and to the Dilzhe˛″ 
(Apache) who know the Verde River as Tu´ n´lnı´choh 
(‘‘big water flowing’’), and to protect the existing 
flows of the Verde River, including flood flows, as 
described in the Agreement and this Act, on the 
Yavapai-Apache Reservation, now and in the future. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) AFY.—The term ‘‘AFY’’ means acre-feet 
per Year. 
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means (A) the Yavapai-Apache Nation Water Rights 
Settlement Agreement dated June 26, 2024; and 
(B) any amendment or exhibit (including exhibit 
amendments) to the Agreement that are (i) made in 
accordance with the Act, or (ii) otherwise approved 
by the Secretary and the Parties to the Agreement. 
(3) ALLOTTEE.—The term ‘‘Allottee’’ means 
(A) an individual Indian holding an undivided frac-
tional beneficial interest in the Dinah Hood Allot-
ment; or (B) an Indian Tribe holding an undivided 
fractional beneficial interest in the Dinah Hood Al-
lotment. 
(4) ARIZONA WATER BANKING AUTHORITY.— 
The term ‘‘Arizona Water Banking Authority’’ 
means the Arizona Water Banking Authority, 
formed pursuant to A.R.S. §§ 45–2401 et seq. 
(5) AVAILABLE CAP SUPPLY.—The term ‘‘Avail-
able CAP Supply’’ means for any Year (A) all 
Fourth Priority River Water available for delivery 
through the CAP; (B) water available from CAP 
dams and reservoirs other than the Modified Roo-
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sevelt Dam; and (C) return flows captured by the 
Secretary for CAP use. 
(6) BUREAU
OF
RECLAMATION.—The term 
‘‘Bureau of Reclamation’’ means the United States 
Bureau of Reclamation. 
(7) CAP OR CENTRAL ARIZONA PROJECT.—The 
term ‘‘CAP’’ or ‘‘Central Arizona Project’’ means 
the reclamation project authorized and constructed 
by the United States in accordance with Title III of 
the Colorado River Basin Project Act (43 U.S.C. 
§1521 et seq.). 
(8) CAP
CONTRACT.—The term ‘‘CAP Con-
tract’’ means a long-term contract (as defined in the 
CAP Repayment Stipulation) with the United States 
for delivery of CAP Water through the CAP System. 
(9) CAP CONTRACTOR.— 
(A) IN GENERAL.—The term ‘‘CAP Con-
tractor’’ means a person or entity that has en-
tered into a CAP Contract. 
(B) INCLUSION.—The term ‘‘CAP Con-
tractor’’ includes the Yavapai-Apache Nation. 
(10) CAP
FIXED
OM&R
CHARGE.—The term 
‘‘CAP Fixed OM&R Charge’’ has the meaning given 
the term ‘‘Fixed OM&R Charge’’ in the CAP Repay-
ment Stipulation. 
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(11) CAP INDIAN PRIORITY WATER.—The term 
‘‘CAP Indian Priority Water’’ means water within 
the Available CAP Supply having an Indian delivery 
priority. 
(12) CAP
OPERATING
AGENCY.—The term 
‘‘CAP Operating Agency’’ means— 
(A) the 1 or more entities authorized to as-
sume responsibility for the care, operation, 
maintenance and replacement of the CAP Sys-
tem; and 
(B) as of the date of enactment of this 
Act, is CAWCD. 
(13) CAP
PUMPING
ENERGY
CHARGE.—The 
term ‘‘CAP Pumping Energy Charge’’ means the 
term ‘‘Pumping Energy Charge’’ in the CAP Repay-
ment Stipulation. 
(14) CAP REPAYMENT CONTRACT.—The term 
‘‘CAP Repayment Contract’’ means— 
(A) the contract dated December 1, 1988 
(Contract No. 14–06–W–245, Amendment No. 
1), between the United States and the Central 
Arizona Water Conservation District for the 
Delivery of Water and Repayment of Costs of 
the CAP; and 
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(B) any amendment to, or revision of, that 
contract. 
(15) 
CAP
REPAYMENT
STIPULATION.—The 
term ‘‘CAP Repayment Stipulation’’ means the Stip-
ulated Judgment and the Stipulation for Judgment, 
including any exhibits to those documents, entered 
on November 21, 2007, in the United States District 
Court for the District of Arizona in the consolidated 
civil action Central Arizona Water Conservation Dis-
trict v. United States, et al., numbered CIV 95– 
625–TUC–WDB–EHC and CIV 95–1720–PHX– 
EHC. 
(16) CAPSA.—The term ‘‘CAPSA’’ means the 
Central Arizona Project Settlement Act of 2004, 
Title I of the Arizona Water Settlements Act, P.L. 
108–451, 118 Stat. 3478 (2004). 
(17) CAP
SUBCONTRACT.—The term ‘‘CAP 
Subcontract’’ means a long-term subcontract (as de-
fined in the CAP Repayment Stipulation) with the 
United States and the Central Arizona Water Con-
servation District for the delivery of CAP water 
through the CAP System. 
(18) CAP
SUBCONTRATOR.—The term ‘‘CAP 
Subcontractor’’ means a person or entity that has 
entered into a CAP Subcontract. 
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(19) CAP SYSTEM.—The term ‘‘CAP System’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant 
work of a feature described in (A), (B), (C), or 
(D); and 
(F) any extension of, addition to, or re-
placement of a feature described in Subpara-
graph (A), (B), (C), (D), or (E). 
(20) CAP SYSTEM USE AGREEMENT.—The term 
‘‘CAP System Use Agreement’’ means that certain 
Central Arizona Project System Use Agreement 
dated February 2, 2017, between the United States 
of America and the Central Arizona Water Con-
servation District. 
(21) CAP WATER.—The term ‘‘CAP Water’’ has 
the meaning given the term ‘‘Project Water’’ in the 
CAP Repayment Stipulation. 
(22) CAWCD.—The term ‘‘CAWCD’’ means 
the political subdivision of the State that is the con-
tractor under the CAP Repayment Contract and is 
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the CAP Operating Agency as of the date of enact-
ment of the Act. 
(23) C.C. CRAGIN DAM AND RESERVOIR.— 
(A) The term ‘‘C.C. Cragin Dam and Res-
ervoir’’ means— 
(i) the C.C. Cragin Dam and Res-
ervoir located on East Clear Creek in 
Coconino County, Arizona, owned by the 
United States and operated by the Salt 
River Project Agricultural Improvement 
and Power District; 
(ii) associated facilities located in Gila 
and Coconino Counties, Arizona, including 
pipelines, tunnels, buildings, hydroelectric 
generating facilities and other structures of 
every kind; transmission, telephone and 
fiber optic lines; pumps, machinery, tools 
and appliances; and 
(iii) all real or personal property, ap-
purtenant to or used, or constructed or 
otherwise acquired to be used, in connec-
tion with the C.C. Cragin Dam and Res-
ervoir. 
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(B) EXCLUSION.—The term ‘‘C.C. Cragin 
Dam and Reservoir’’ does not include the 
Cragin-Verde Pipeline Project. 
(24) COMMISSIONER.—The term ‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
(25) 
CRAGIN
CAPITAL
COSTS.—The 
term 
‘‘Cragin Capital Costs’’ means all costs incurred by 
SRP for the acquisition and improvement of land, 
facilities, equipment, and inventories related to the 
C.C. Cragin Dam and Reservoir, which shall include: 
labor, overhead, materials, supplies, spare parts, 
equipment purchase and rental, and transportation. 
Prior to May 1, 2009, all expenses incurred by SRP 
are accrued as Cragin Capital Costs excluding cap-
ital costs of the SRP-Cragin Pumping System. 
(26) CRAGIN O&M COSTS.—The term ‘‘Cragin 
O&M Costs’’ means all costs incurred by SRP for 
the operation and maintenance of all C.C. Cragin fa-
cilities, except for those costs defined as Cragin Cap-
ital Costs. Such costs shall include costs for the fol-
lowing items: insurance, inspections, permits, taxes, 
fees, licenses, contract services, legal services, ac-
counting, travel, environmental compliance, repairs, 
testing, labor, salaries, overhead, materials, supplies, 
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expenses, equipment, vehicles, energy, fuel, and any 
cost borne by SRP prior to the assumption of care, 
operation, and maintenance of the Cragin-Verde 
Pipeline Project by SRP from the United States 
pursuant to the 1917 Agreement, excluding O&M 
Costs and A&G Costs of SRP-Cragin Pumping Sys-
tem as defined in the YAN-SRP Water Delivery and 
Use Agreement. 
(27) CRAGIN-VERDE PIPELINE PROJECT.—The 
term ‘‘Cragin-Verde Pipeline Project’’ means the 
water infrastructure project under the Tu´ n´lnı´choh 
Water Infrastructure Project, as described in section 
103(b) of this Act, which will deliver water from the 
C.C. Cragin Dam and Reservoir to the Yavapai- 
Apache Nation, and to other beneficiaries in accord-
ance with section 114(a) of the Act. 
(28) CAP/SRP INTERCONNECTION FACILITY.— 
The term ‘‘CAP/SRP Interconnection Facility’’ 
means the interconnection facility that connects the 
Hayden-Rhodes Aqueduct of the CAP System to 
SRP’s water delivery system. 
(29) DATE
OF
SUBSTANTIAL
COMPLETION.— 
The term ‘‘Date of Substantial Completion’’ means 
the date described in section 103(d). 
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(30) DEPLETION
OR
DEPLETE.—The term 
‘‘Depletion’’ or ‘‘Deplete’’ means the amount of 
Water Diverted less return flows to the Verde River 
Watershed. 
(31) DINAH
HOOD
ALLOTMENT.—The term 
‘‘Dinah Hood Allotment’’ means the tract of land al-
lotted pursuant to Section 4 of the General Allot-
ment Act of 1887, 24 Stat. 389, ch. 119 (formerly 
codified at 25 U.S.C. § 334) that is held in trust by 
the United States for the benefit of Allottees under 
patent number 926562, as described and depicted in 
Exhibit 2.37 to the Agreement. 
(32) DIVERSION.—The term ‘‘Diversion’’ means 
an act to Divert. 
(33) DIVERT OR DIVERTING.—The term ‘‘Di-
vert’’ or ‘‘Diverting’’ means to receive, withdraw or 
develop and produce or capture Water (A) using a 
ditch, canal, flume, bypass, pipeline, pit, collection or 
infiltration gallery, conduit, well, pump, turnout, 
dam, or any other mechanical device; or (B) by any 
other human act. 
(34) DOMESTIC
USE.—The term ‘‘Domestic 
Use’’ means, for purposes of Paragraph 13.0 of the 
Agreement and section 108 of this Act, a Use of 
Water serving a residence, or multiple residences up 
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to a maximum of three residential connections, for 
household purposes with associated irrigation of 
lawns, gardens or landscape in an amount of not 
more than one-half acre per residence. Domestic Use 
does not include the Use of Water delivered to a res-
idence or multiple residences by a city, town, private 
water company, irrigation provider or special taxing 
district established pursuant to Title 48, Arizona 
Revised Statutes. 
(35) EFFECTIVE DATE.—The term ‘‘Effective 
Date’’ means the date that the Agreement is signed 
by all of the Parties, other than the United States. 
(36) EFFLUENT.—The term ‘‘Effluent’’ means 
water that—(A) has been used in the State for do-
mestic, municipal, or industrial purposes, other than 
solely for hydropower generation; and (B) is avail-
able for reuse for any purpose in accordance with 
applicable law and the Agreement, regardless of 
whether the water has been treated to improve the 
quality of the water. 
(37) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 112. 
(38) 
EXCHANGE.—The 
term 
‘‘Exchange’’ 
means a trade between 1 or more persons or enti-
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ties, of any water for any other water, if each person 
or entity has a right or claim to use the water the 
person or entity provides in the trade, regardless of 
whether the water is traded in equal quantities or 
other consideration is included in the trade. 
(39) FEDERAL
LAND.—The term ‘‘Federal 
Land’’ means the land described in section 
201(a)(5). 
(40) FOREST
SERVICE.—The term ‘‘Forest 
Service’’ means the United States Forest Service. 
(41) FOURTH
PRIORITY
WATER.—The term 
‘‘Fourth Priority Water’’ means Colorado River 
water available for delivery within the State for sat-
isfaction of entitlements (A) in accordance with con-
tracts, Secretarial reservations, perfected rights, and 
other arrangements between the United States and 
water users in the State entered into or established 
subsequent to September 30, 1968, for use on Fed-
eral, State, or privately owned lands in the State, in 
a total quantity not to exceed 164,652 AFY of diver-
sions; and (B) after first providing for the delivery 
of Colorado River water for the CAP System, includ-
ing for Use on Indian land, under section 304(e) of 
the Colorado River Basin Project Act (43 U.S.C. 
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1524(e)), in accordance with the CAP Repayment 
Contract. 
(42) 
GILA
RIVER
ADJUDICATION
PRO-
CEEDINGS.—The term ‘‘Gila River Adjudication 
Proceedings’’ means the action pending in the Supe-
rior Court of the State, in and for the County of 
Maricopa, In re the General Adjudication of All 
Rights To Use Water In The Gila River System and 
Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), 
W-4 (San Pedro) (Consolidated). 
(43) GILA RIVER ADJUDICATION COURT.—The 
term ‘‘Gila River Adjudication Court’’ means the 
Superior Court of the State, in and for the County 
of Maricopa, exercising jurisdiction over the Gila 
River Adjudication Proceedings. 
(44) GROUNDWATER.—The term ‘‘Ground-
water’’ means all water beneath the surface of the 
Earth within the State that is not—(A) Surface 
Water; (B) Effluent; or (C) Colorado River Water. 
(45) IMPOUNDMENT.—The term ‘‘Impound-
ment’’ means any human-made permanent body of 
water on the surface of the Earth, including 
Stockponds, lakes, Effluent ponds, open-air water 
storage tanks, irrigation ponds, and gravel pits. For 
purposes of the Agreement and this Act, the term 
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Impoundment does not include recharge basins or 
swimming pools. 
(46) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
shall have the meaning given the term in section 4 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 5304). 
(47) INJURY TO WATER RIGHTS.— 
(A) IN GENERAL.—The term ‘‘Injury to 
Water Rights’’ means an interference with, 
diminution of, or deprivation of Water Rights 
under Federal, State or other law. 
(B) INCLUSION.—The term ‘‘Injury to 
Water Rights’’ includes a change in the 
Groundwater table and any effect of such a 
change. 
(C) EXCLUSION.—The term ‘‘Injury to 
Water Rights’’ does not include any injury to 
water quality. 
(48) INTERIM PERIOD.—The term ‘‘Interim Pe-
riod’’ means the period beginning on the Effective 
Date and ending on the Date of Substantial Comple-
tion. 
(49) LEASE
AGREEMENT.—The term ‘‘Lease 
Agreement’’ means any agreement entered into be-
tween the Yavapai-Apache Nation, the Secretary, 
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and any other person or entity pursuant to the 
agreement. 
(50) LEASED
WATER.—The term ‘‘Leased 
Water’’ means the YAN CAP Water that is leased 
pursuant to a Lease Agreement. 
(51) M&I USE.—The term ‘‘M&I Use’’ or ‘‘M&I 
Uses’’ means the Use of Water for domestic, munic-
ipal, industrial, and commercial purposes. 
(52) 
MAXIMUM
ANNUAL
DEPLETION 
AMOUNT.—The term ‘‘Maximum Annual Depletion 
Amount’’ means the maximum amount of Water De-
pleted per Year for each Water Right set forth in 
Subparagraph 4.1 of the Agreement. 
(53) MAXIMUM ANNUAL DIVERSION AMOUNT.— 
The term ‘‘Maximum Annual Diversion Amount’’ 
means the maximum amount of Water Diverted per 
Year for each Water Right set forth Subparagraph 
4.1 the Agreement. 
(54) MEMBER.—The term ‘‘Member’’ means 
any person duly enrolled as a member of the 
Yavapai-Apache Nation. 
(55) MUNICIPAL WATER PROVIDER.—The term 
‘‘Municipal Water Provider’’ means a city, town, pri-
vate water company, specially designated home-
owners association, or any special taxing district es-
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tablished pursuant to Title 48 of the Arizona Re-
vised Statutes that supplies water for M&I Use. 
(56) NON-FEDERAL
LAND.—The term ‘‘Non- 
Federal Land’’ means the land described in section 
201(a)(4). 
(57) OM&R.—The term ‘‘OM&R’’ means—(A) 
any recurring or ongoing activity relating to the day- 
to-day operation of a project; (B) any activity relat-
ing to scheduled or unscheduled maintenance of a 
project; and (C) any activity relating to replacing a 
feature of a project. 
(58) PARTY.—The term ‘‘Party’’ means a per-
son or entity that is a signatory to the Agreement. 
The participation of the State as a Party shall be as 
described in Subparagraph 17.5 in the Agreement. 
The United States participation as a Party shall be 
in the capacity as described in Subparagraph 2.80 of 
the Agreement. 
(59) PUBLIC WATER SYSTEM.—The term ‘‘Pub-
lic Water System’’ means a water system that—(A) 
provides water for human consumption through 
pipes or other constructed conveyances; and (B) has 
at least fifteen service connections or regularly 
serves an average of at least twenty-five persons 
daily for at least sixty days a year. 
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(60) REPLACEMENT
WELL.—The term ‘‘Re-
placement Well’’ means a well that—(A) is con-
structed to replace a well in existence on the Effec-
tive Date; (B) is located no more than 660 feet from 
the well being replaced; and (C) has a pumping ca-
pacity and case diameter that do not exceed the 
pumping capacity and case diameter of the well 
being replaced. 
(61) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the United States Depart-
ment of the Interior or the Secretary’s designee. 
(62) SRP.—The term ‘‘SRP’’ means the Salt 
River Project Agricultural Improvement and Power 
District, a political subdivision of the State, and the 
Salt River Valley Water Users’ Association, an Ari-
zona Territorial Corporation. 
(63) SRP WATER.—The term ‘‘SRP Water’’ 
means the Water made available in Subparagraph 
8.1 of the Agreement, not to exceed an average of 
500 AFY, up to maximum of 583.86 acre-feet in 
any given Year, to be stored in C.C. Cragin Res-
ervoir, without cost to SRP, and delivered for Use 
on the Reservation, YAN Trust Land, and YAN 
After-Acquired Trust Land for beneficial purposes. 
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(64) SRRD.—The term ‘‘SRRD’’ means the 
Salt River Reservoir District as defined on Decem-
ber 31, 2023 in Article IV, Section 3, of the Articles 
of Incorporation of the Salt River Valley Water 
Users’ Association. 
(65) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
(66) STOCKPOND.—The term ‘‘Stockpond’’ 
means an on-channel or off-channel impoundment of 
any size that stores water that is appropriable under 
Title 45, Arizona Revised Statutes, and that is for 
the sole purpose of watering livestock and wildlife. 
(67) STOCK WATERING USE.—The term ‘‘Stock 
Watering Use’’ means the consumption of water by 
livestock and wildlife, either: (A) directly from a nat-
urally occurring body of water, such as an undevel-
oped spring, cienega, seep, bog, lake, depression, 
sink or stream; or (B) from small facilities, other 
than a Stockpond, that are served by a Diversion of 
Water. 
(68) SURFACE
WATER.—The term ‘‘Surface 
Water’’ means all Water that is appropriable under 
State law. 
(69) TOTAL
MAXIMUM
ANNUAL
DEPLETION 
AMOUNT.—The term ‘‘Total Maximum Annual De-
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pletion Amount’’ means the total of all Maximum 
Annual Depletion Amounts as described in Subpara-
graph 4.1 of the Agreement. 
(70) TOTAL
MAXIMUM
ANNUAL
DIVERSION 
AMOUNT.—The term ‘‘Total Maximum Annual Di-
version Amount’’ means the total of all Maximum 
Annual Diversion Amounts as described in Subpara-
graph 4.1 of the Agreement. 
(71) TU´ N´LNI´CHOH WATER INFRASTRUCTURE 
PROJECT.—The term ‘‘Tu´ n´lnı´choh Water Infra-
structure Project’’ means the water infrastructure 
project including (A) the Cragin-Verde Pipeline 
Project, as described in section 103(b), which will 
deliver Water from the C.C. Cragin Dam and Res-
ervoir to the Yavapai-Apache Nation and to other 
beneficiaries in the Verde Valley Watershed; and (B) 
the YAN Drinking Water System Project, as de-
scribed in section 103(c), which will treat and dis-
tribute the water delivered from the Cragin-Verde 
Pipeline Project. 
(72) USE.—The term ‘‘Use’’ means any bene-
ficial use, including instream flows, recharge, under-
ground storage, recovery or any other use recognized 
as beneficial under applicable law. 
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(73) USGS.—The term ‘‘USGS’’ means the 
United States Geological Survey. 
(74) VERDE RIVER DECREE.—The term ‘‘Verde 
River Decree’’ means the decree to be entered by the 
Gila River Adjudication Court adjudicating all rights 
to water in the Verde River Watershed. 
(75) VERDE RIVER SUBFLOW ZONE.—The term 
‘‘Verde River Subflow Zone’’ means the area in the 
Verde River Watershed delineated by the Arizona 
Department of Water Resources as the subflow zone 
on a map or maps that are approved by the Gila 
River Adjudication Court. 
(76) VERDE RIVER WATER.—The term ‘‘Verde 
River Water’’ means the Water as described in 
Paragraph 5.0 of the Agreement, whether Diverted 
from the stream or pumped from a well. 
(77) VERDE
RIVER
WATERSHED.—The term 
‘‘Verde River Watershed’’ means all lands located 
within the surface water drainage of the Verde River 
and its tributaries, depicted on the map attached as 
Exhibit 2.86 to the Agreement. 
(78) WATER.—The term ‘‘Water,’’ when used 
without a modifying adjective, means—(A) Ground-
water; (B) Surface Water; (C) Colorado River 
Water; (D) Effluent; or (E) CAP Water. 
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(79) WATER RIGHT.—The term ‘‘Water Right’’ 
means any right in or to Groundwater, Surface 
Water, Colorado River Water, or Effluent under 
Federal, State, or other law. 
(80) YAN AFTER-ACQUIRED TRUST LAND.—The 
term ‘‘YAN After-Acquired Trust Land’’ means 
lands that is taken into trust by the United States 
for the benefit of the Yavapai-Apache Nation pursu-
ant to applicable federal law after the Enforceability 
Date. 
(81) YAN
AMENDED
CAP
WATER
DELIVERY 
CONTRACT.—The term ‘‘YAN Amended CAP Water 
Delivery Contract’’ means—(A) the proposed con-
tract between the Yavapai-Apache Nation and the 
United States attached as Exhibit 6.1 to the Agree-
ment and numbered lllll; and any amend-
ments to that contract. 
(82) YAN CAP WATER.—The term ‘‘YAN CAP 
Water’’ means CAP Water to which the Yavapai- 
Apache Nation is entitled pursuant to the Agree-
ment and section 111 of this Act, and as provided 
in the YAN Amended CAP Water Delivery Contract. 
(83) YAN
CRAGIN
WATER.—The term ‘‘YAN 
Cragin Water’’ means that amount of the water 
made available in Subparagraph 8.2 of the Agree-
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ment, not to exceed an average of 2,910.26 AFY, up 
to a maximum of 3,394.06 acre-feet in any given 
Year, to be stored in C.C. Cragin Dam and Res-
ervoir, without cost to SRP, and delivered for Use 
on the Yavapai-Apache Reservation, YAN Trust 
Land, and YAN After-Acquired Trust Land for ben-
eficial purposes. 
(84) YAN DELIVERY POINT.—The term ‘‘YAN 
Delivery Point’’ means the point or points located at 
the end of the Cragin-Verde Pipeline Project where 
Water may be delivered to the YAN or the United 
States acting as trustee for the YAN pursuant to 
the YAN-SRP Water Delivery and Use Agreement. 
(85) YAN
DISTRICTS.—The term ‘‘YAN Dis-
tricts’’ means (A) the Camp Verde District; (B) the 
Middle Verde District; (C) the Montezuma District; 
(D) the Clarkdale District; and (E) the Rimrock 
District, of the Yavapai-Apache Reservation, each of 
which districts is separately depicted in Exhibits 
2.96A, 2.96B, 2.96C, 2.96D and 2.96E to the 
Agreement, and any additions to a YAN District 
under applicable law. 
(86) 
YAN
DRINKING
WATER
SYSTEM 
PROJECT.—The term ‘‘YAN Drinking Water System 
Project’’ or ‘‘Yavapai-Apache Drinking Water Sys-
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tem Project’’ means the Yavapai-Apache Nation’s 
water treatment and water distribution system 
project under the Tu´ n´lnı´choh Water Infrastructure 
Project, as described in section 103(c) of the Act, 
that will treat and distribute water delivered from 
the C.C. Cragin Reservoir. 
(87) YAN FEE LAND.—The term ‘‘YAN Fee 
Land’’ means land that, as of the Enforceability 
Date, is: (A) located outside the exterior boundaries 
of the Yavapai-Apache Reservation; (B) owned in fee 
by the Yavapai-Apache Nation and has not been 
taken into trust by the United States for the benefit 
of the Yavapai-Apache Nation; and (C) described 
and shown in Exhibit 2.98 to the Agreement. 
(88) YAN JUDGMENT.—The term ‘‘YAN Judg-
ment’’ means the judgment and decree entered by 
the Gila River Adjudication Court as described in 
the Agreement. 
(89) YAN
LAND.—The term ‘‘YAN Land’’ 
means, collectively, the YAN Reservation, YAN 
Trust Land and YAN Fee Land. 
(90) YAN POINT OF COMPLIANCE.—The term 
‘‘YAN Point of Compliance’’ means the location of 
the Verde River proximate to USGS gage number 
09504950 identified as the ‘‘Verde River Above 
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Camp Verde’’ gage, located at Global Positioning 
System coordinates 34.6116972, -111.8984306 with-
in the Middle Verde District of the Reservation. 
(91) YAN PUMPED WATER.—The term ‘‘YAN 
Pumped Water’’ means the Water pumped from be-
neath the surface of the Earth, regardless of its 
legal characterization as appropriable or non-appro-
priable under Federal, State or other law. 
(92) YAN-SRP
EXCHANGE
AGREEMENT.—The 
term ‘‘YAN-SRP Exchange Agreement’’ means that 
agreement between the Nation and SRP, as ap-
proved by the United States, in the form substan-
tially similar to that attached as Exhibit 6.5 to the 
Agreement. 
(93) YAN-SRP
WATER
DELIVERY
AND
USE 
AGREEMENT OR YAN-SRP WDUA.—The term ‘‘YAN- 
SRP Water Delivery and Use Agreement’’ or ‘‘YAN- 
SRP WDUA’’ means that agreement between the 
Nation and SRP, as approved by the United States, 
in the form substantially similar to that attached as 
Exhibit 10.1 to the Agreement. 
(94) YAVAPAI-APACHE
NATION, YAN
OR
NA-
TION.—The 
term 
‘‘Yavapai-Apache 
Nation’’, 
‘‘YAN’’, or ‘‘Nation’’ means the Yavapai-Apache 
Nation of the Camp Verde Indian Reservation, Ari-
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zona, a federally recognized Indian Tribe organized 
pursuant to Section 16 of the Indian Reorganization 
Act of June 18, 1934, 48 Stat. 987 (25 U.S.C. 
5123). 
(95) YAN
TRUST
LAND.—The term ‘‘YAN 
Trust Land’’ means land that, as of the Enforce-
ability Date, is—(A) located outside the boundaries 
of the YAN Reservation; (B) held in trust by the 
United States for the benefit of the YAN; and (C) 
depicted on the map attached as Exhibit 2.102 to 
the Agreement. 
(96) YAVAPAI-APACHE RESERVATION, YAN RES-
ERVATION OR RESERVATION.—The term ‘‘Yavapai- 
Apache Reservation’’, ‘‘YAN Reservation’’ or ‘‘Res-
ervation’’ means the land described in section 
110(a). 
(97) YEAR.—The term ‘‘Year’’ (A) when used 
in the context of deliveries of YAN Cragin Water 
and SRP Water pursuant to Paragraph 8.0 of the 
Agreement, means May 1 through April 30; and (B) 
in all other instances, the term ‘‘Year’’ means a cal-
endar year. 
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TITLE I—YAVAPAI-APACHE NA-
TION WATER RIGHTS SETTLE-
MENT AGREEMENT 
SEC. 101. RATIFICATION AND EXECUTION OF THE YAVAPAI- 
APACHE NATION WATER RIGHTS SETTLE-
MENT AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent the Yavapai-Apache Nation 
Water Rights Settlement Agreement does not con-
flict with this Act, the Agreement is authorized, rati-
fied, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Agreement, including an amendment to any exhibit 
attached to the Agreement requiring the signature 
or approval of the Secretary, is executed in accord-
ance with this Act to make the Agreement consistent 
with this Act, the amendment is authorized, ratified, 
and confirmed, to the extent the amendment is con-
sistent with this Act. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Agreement 
does not conflict with this Act, the Secretary shall 
execute the Agreement, including all exhibits to, or 
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parts of, the Agreement requiring the signature of 
the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary from approving any modification 
to the Agreement, including any Exhibit to the 
Agreement, that is consistent with this Act, to the 
extent the modification does not otherwise require 
congressional approval under section 2116 of the 
Revised Statutes (25 U.S.C. 177) or any other ap-
plicable Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Agree-
ment (including all exhibits to the Agreement requir-
ing the signature of the Secretary) and this Act, the 
Secretary shall comply with all applicable provisions 
of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other applicable Federal environ-
mental laws and regulations. 
(2) AUTHORIZATIONS.—The Secretary shall— 
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under Subparagraph 16.1.2 of the 
Agreement; 
(IV) constructed for Domestic 
Use or Stock Watering Use; 
(V) constructed to supply a 
Stockpond with a capacity not to ex-
ceed 4 acre-feet; or 
(VI) used by a city or town in 
the Prescott active management area 
to: 
(aa) withdraw Underground 
Water from land located in the 
Big Chino sub-basin of the Verde 
River groundwater basin that has 
historically irrigated acres for 
transportation to an adjacent ini-
tial 
active 
management 
area 
under the criteria set forth in 
A.R.S. §45–555(A)–(D), as that 
statute exists as of the Effective 
Date, a copy of which is attached 
as Exhibit 13.1.3 to the Agree-
ment; 
(bb) withdraw and transport 
8,068 
AFY 
of 
Underground 
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