I 
117TH CONGRESS 
2D SESSION 
H. R. 7633 
To approve the settlement of water rights claims of the Hualapai Tribe 
and certain allottees 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 
APRIL 28, 2022 
Mr. O’HALLERAN 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 
Hualapai Tribe and certain allottees in the State of 
Arizona, to authorize construction of a water project 
relating to those water rights claims, and for other pur-
poses. 
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 ‘‘Hualapai Tribe Water 
Rights Settlement Act of 2022’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
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(1) to resolve, fully and finally, all claims to 
rights to water in the State, including the Verde 
River, the Bill Williams River, and the Colorado 
River, of— 
(A) the Hualapai Tribe, on behalf of the 
Hualapai Tribe and the members of the 
Hualapai Tribe; and 
(B) the United States, acting as trustee 
for the Hualapai Tribe, the members of the 
Hualapai Tribe, and the allottees; 
(2) to authorize, ratify, and confirm the 
Hualapai Tribe water rights settlement agreement, 
to the extent that agreement is consistent with this 
Act; 
(3) to authorize and direct the Secretary to exe-
cute and perform the duties and obligations of the 
Secretary under the Hualapai Tribe water rights 
settlement agreement and this Act; and 
(4) to authorize the appropriation of funds nec-
essary to carry out the Hualapai Tribe water rights 
settlement agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 1947 JUDGMENT.—The term ‘‘1947 Judg-
ment’’ means the Judgment and the Stipulation and 
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Agreement, including exhibits to the Judgment and 
the Stipulation and Agreement, entered on March 
13, 1947, in United States v. Santa Fe Pac. R.R. 
Co., No. E–190 (D. Ariz.) and attached to the 
Hualapai Tribe water rights settlement agreement 
as Exhibit 3.1.1. 
(2) AFY.—The term ‘‘AFY’’ means acre-feet 
per year. 
(3) ALLOTMENT.—The term ‘‘allotment’’ means 
any of the 4 off-reservation parcels that are— 
(A) held in trust by the United States for 
individual Indians in the Big Sandy River basin 
in Mohave County, Arizona, under the patents 
numbered 1039995, 1039996, 1039997, and 
1019494; and 
(B) identified as Parcels 1A, 1B, 1C, and 
2 on the map attached to the Hualapai Tribe 
water rights settlement agreement as Exhibit 
3.1.6. 
(4) ALLOTTEE.—The term ‘‘allottee’’ means 
any Indian owner of an allotment. 
(5) AVAILABLE CAP SUPPLY.—The term ‘‘avail-
able CAP supply’’ means, for any year— 
(A) all fourth priority water available for 
delivery through the Central Arizona Project; 
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(B) water available from Central Arizona 
Project dams and reservoirs other than the 
Modified Roosevelt Dam; and 
(C) return flows captured by the Secretary 
for Central Arizona Project use. 
(6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil-
liams Act’’ means the Bill Williams River Water 
Rights Settlement Act of 2014 (Public Law 113– 
223; 128 Stat. 2096). 
(7) BILL WILLIAMS AGREEMENTS.—The term 
‘‘Bill Williams agreements’’ means the Amended and 
Restated Big Sandy River-Planet Ranch Water 
Rights Settlement Agreement and the Amended and 
Restated Hualapai Tribe Bill Williams River Water 
Rights Settlement Agreement, including all exhibits 
to each agreement, copies of which (excluding exhib-
its) are attached to the Hualapai Tribe water rights 
settlement agreement as Exhibit 3.1.11. 
(8) BILL WILLIAMS RIVER PHASE 2 ENFORCE-
ABILITY
DATE.—The term ‘‘Bill Williams River 
Phase 2 Enforceability Date’’ means the date de-
scribed in section 14(d). 
(9) BILL
WILLIAMS
RIVER
PHASE
WATER 
RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 
Williams River phase 2 water rights settlement 
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available CAP supply having a non-Indian agricul-
tural delivery priority. 
(15) 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, the Central Arizona Water Conservation 
District. 
(16) CAP
PUMPING
ENERGY
CHARGE.—The 
term ‘‘CAP pumping energy charge’’ has the mean-
ing given the term ‘‘Pumping Energy Charge’’ in the 
CAP repayment stipulation. 
(17) 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 Central Arizona Project; and 
(B) any amendment to, or revision of, that 
contract. 
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(18) 
CAP
REPAYMENT
STIPULATION.—The 
term ‘‘CAP repayment stipulation’’ means the Stipu-
lated 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, numbered CIV 95–625–TUC– 
WDB (EHC) and CIV 95–1720–PHX–EHC. 
(19) CAP SUBCONTRACT.—The term ‘‘CAP sub-
contract’’ means a long-term subcontract (as defined 
in the CAP repayment stipulation) with the United 
States and the Central Arizona Water Conservation 
District for the delivery of CAP water through the 
CAP system. 
(20) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means a person that has entered into 
a CAP subcontract. 
(21) 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; 
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(E) any pumping plant or appurtenant 
work of a feature described in subparagraph 
(A), (B), (C), or (D); and 
(F) any extension of, addition to, or re-
placement for a feature described in subpara-
graph (A), (B), (C), (D), or (E). 
(22) CAP WATER.—The term ‘‘CAP water’’ has 
the meaning given the term ‘‘Project Water’’ in the 
CAP repayment stipulation. 
(23) CENTRAL ARIZONA PROJECT.—The term 
‘‘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.). 
(24) CENTRAL ARIZONA WATER CONSERVATION 
DISTRICT.—The term ‘‘Central Arizona Water Con-
servation District’’ means the political subdivision of 
the State that is the contractor under the CAP re-
payment contract. 
(25) COLORADO
RIVER
COMPACT.—The term 
‘‘Colorado River Compact’’ means the Colorado 
River Compact of 1922, as ratified and reprinted in 
article 2 of chapter 7 of title 45, Arizona Revised 
Statutes. 
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(26) 
COLORADO
RIVER
WATER
ENTITLE-
MENT.—The term ‘‘Colorado River water entitle-
ment’’ means the right or authorization to use Colo-
rado River water in the State through a mainstem 
contract with the Secretary pursuant to section 5 of 
the Boulder Canyon Project Act (43 U.S.C. 617d). 
(27) DIVERSION.—The term ‘‘diversion’’ means 
an act to divert. 
(28) DIVERT.—The term ‘‘divert’’ means to re-
ceive, withdraw, develop, produce, or capture water 
using— 
(A) a ditch, canal, flume, bypass, pipeline, 
pit, collection or infiltration gallery, conduit, 
well, pump, turnout, dam, or any other mechan-
ical device; or 
(B) any other act of man. 
(29) DOMESTIC PURPOSE.— 
(A) IN
GENERAL.—The term ‘‘domestic 
purpose’’ means any use relating to the supply, 
service, or activity of a household or private res-
idence. 
(B) INCLUSIONS.—The term ‘‘domestic 
purpose’’ includes the application of water to 
not more than 2 acres of land to produce a 
plant or parts of a plant for— 
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(i) sale or human consumption; or 
(ii) use as feed for livestock, range 
livestock, or poultry. 
(30) EFFLUENT.—The term ‘‘effluent’’ means 
water that— 
(A) has been used in the State for domes-
tic, municipal, or industrial purposes, other 
than solely for hydropower generation; and 
(B) is available for reuse for any purpose, 
regardless or whether the water has been treat-
ed to improve the quality of the water. 
(31) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 14(a). 
(32) EXCHANGE.—The term ‘‘exchange’’ means 
a trade between 1 or more persons of any water for 
any other water, if each person has a right or claim 
to use the water the person provides in the trade, re-
gardless of whether the water is traded in equal 
quantities or other consideration is included in the 
trade. 
(33) FOURTH
PRIORITY
WATER.—The term 
‘‘fourth priority water’’ means Colorado River water 
that is available for delivery in the State for the sat-
isfaction of entitlements— 
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(A) in accordance with contracts, Secre-
tarial reservations, perfected rights, and other 
arrangements between the United States and 
water users in the State entered into or estab-
lished after September 30, 1968, for use on 
Federal, State, or privately owned land in the 
State, in a total quantity of not greater than 
164,652 AFY of diversions; and 
(B) after first providing for the delivery of 
Colorado River water for the CAP system, in-
cluding for use on Indian land, under section 
304(e) of the Colorado River Basin Project Act 
(43 U.S.C. 1524(e)), in accordance with the 
CAP repayment contract. 
(34) FREEPORT.— 
(A) IN GENERAL.—The term ‘‘Freeport’’ 
means the Delaware corporation named ‘‘Free-
port Minerals Corporation’’. 
(B) INCLUSIONS.—The term ‘‘Freeport’’ 
includes all subsidiaries, affiliates, successors, 
and assigns of Freeport Minerals Corporation, 
including Byner Cattle Company, a Nevada cor-
poration. 
(35) GILA
RIVER
ADJUDICATION.—The term 
‘‘Gila River adjudication’’ means the action pending 
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in the Superior 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 Sys-
tem and Source, W–1 (Salt), W–2 (Verde), W–3 
(Upper Gila), W–4 (San Pedro) (Consolidated). 
(36) GILA RIVER ADJUDICATION COURT.—The 
term ‘‘Gila River adjudication court’’ means the Su-
perior Court of the State, in and for the County of 
Maricopa, exercising jurisdiction over the Gila River 
adjudication. 
(37) GILA RIVER ADJUDICATION DECREE.—The 
term ‘‘Gila River adjudication decree’’ means the 
judgment or decree entered by the Gila River adju-
dication court in substantially the same form as the 
form of judgment attached to the Hualapai Tribe 
water rights settlement agreement as Exhibit 3.1.43. 
(38) 
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. 
(39) 
HUALAPAI
FEE
LAND.—The 
term 
‘‘Hualapai fee land’’ means land, other than 
Hualapai trust land, that— 
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(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the Hualapai Reservation or Hualapai 
trust land; and 
(C) as of the Enforceability Date, is owned 
by the Hualapai Tribe, including by a tribally 
owned corporation. 
(40) HUALAPAI
LAND.—The term ‘‘Hualapai 
land’’ means— 
(A) the Hualapai Reservation; 
(B) Hualapai trust land; and 
(C) Hualapai fee land. 
(41) 
HUALAPAI
RESERVATION.—The 
term 
‘‘Hualapai Reservation’’ means the land within the 
exterior boundaries of the Hualapai Reservation, in-
cluding— 
(A) all land withdrawn by the Executive 
order dated January 4, 1883, as modified by 
the May 28, 1942, order of the Secretary pur-
suant to the Act of February 20, 1925 (43 
Stat. 954, chapter 273); 
(B) the land identified by the Executive or-
ders dated December 22, 1898, May 14, 1900, 
and June 2, 1911; and 
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(C) the land added to the Hualapai Res-
ervation by sections 11 and 12. 
(42) HUALAPAI TRIBE.—The term ‘‘Hualapai 
Tribe’’ means the Hualapai Tribe, a federally recog-
nized Indian Tribe of Hualapai Indians organized 
under section 16 of the Act of June 18, 1934 (25 
U.S.C. 5123) (commonly known as the ‘‘Indian Re-
organization Act’’). 
(43) HUALAPAI TRIBE CAP WATER.—The term 
‘‘Hualapai Tribe CAP water’’ means the 4,000 AFY 
of the CAP NIA priority water that— 
(A) was previously allocated to non-Indian 
agricultural entities; 
(B) was retained by the Secretary for re-
allocation to Indian Tribes in the State pursu-
ant to section 104(a)(1)(A)(iii) of the Central 
Arizona Project Settlement Act of 2004 (Public 
Law 108–451; 118 Stat. 3487); and 
(C) is reallocated to the Hualapai Tribe 
pursuant to section 13. 
(44) HUALAPAI TRIBE WATER DELIVERY CON-
TRACT.—The term ‘‘Hualapai Tribe water delivery 
contract’’ means the contract entered into in accord-
ance with the Hualapai Tribe water rights settle-
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ment agreement and section 13(c) for the delivery of 
Hualapai Tribe CAP water. 
(45) HUALAPAI TRIBE WATER RIGHTS SETTLE-
MENT AGREEMENT.— 
(A) IN
GENERAL.—The term ‘‘Hualapai 
Tribe water rights settlement agreement’’ 
means the agreement, including exhibits, enti-
tled ‘‘Hualapai Tribe Water Rights Settlement 
Agreement’’ and dated February 11, 2019. 
(B) INCLUSIONS.—The term ‘‘Hualapai 
Tribe water rights settlement agreement’’ in-
cludes— 
(i) any amendments necessary to 
make the Hualapai Tribe water rights set-
tlement agreement consistent with this 
Act; and 
(ii) any other amendments approved 
by the parties to the Hualapai Tribe water 
rights settlement agreement and the Sec-
retary. 
(46) HUALAPAI
TRUST
LAND.—The term 
‘‘Hualapai trust land’’ means land, other than 
Hualapai fee land, that is— 
(A) located— 
(i) in the State; and 
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(ii) outside the exterior boundaries of 
the Hualapai Reservation; and 
(B) as of the Enforceability Date, held in 
trust by the United States for the benefit of the 
Hualapai Tribe. 
(47) HUALAPAI
WATER
PROJECT.—The term 
‘‘Hualapai Water Project’’ means the project con-
structed in accordance with section 6(a)(7)(A). 
(48) HUALAPAI
WATER
TRUST
FUND
AC-
COUNT.—The term ‘‘Hualapai Water Trust Fund 
Account’’ means the account established under sec-
tion 6(a)(1). 
(49) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(50) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means any interference with, dim-
inution of, or deprivation of, a water right 
under Federal, State, or other law. 
(B) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include any injury to 
water quality. 
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(51) LOWER BASIN.—The term ‘‘lower basin’’ 
has the meaning given the term in article II(g) of 
the Colorado River Compact. 
(52) LOWER COLORADO RIVER BASIN DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
lished by section 403(a) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(a)). 
(53) MEMBER.—The term ‘‘member’’ means 
any person duly enrolled as a member of the 
Hualapai Tribe. 
(54) OM&R.—The term ‘‘OM&R’’ means— 
(A) any recurring or ongoing activity relat-
ing to the day-to-day operation of a project; 
(B) any activity relating to scheduled or 
unscheduled maintenance of a project; and 
(C) any activity relating to replacing a fea-
ture of a project. 
(55) PARCEL 1.—The term ‘‘Parcel 1’’ means 
the parcel of land that is— 
(A) depicted as 3 contiguous allotments 
identified as 1A, 1B, and 1C on the map at-
tached to the Hualapai Tribe water rights set-
tlement agreement as Exhibit 3.1.6; and 
(B) held in trust for certain allottees. 
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(56) PARCEL 2.—The term ‘‘Parcel 2’’ means 
the parcel of land that is— 
(A) depicted as ‘‘Parcel 2’’ on the map at-
tached to the Hualapai Tribe water rights set-
tlement agreement as Exhibit 3.1.6; and 
(B) held in trust for certain allottees. 
(57) PARCEL 3.—The term ‘‘Parcel 3’’ means 
the parcel of land that is— 
(A) depicted as ‘‘Parcel 3’’ on the map at-
tached to the Hualapai Tribe water rights set-
tlement agreement as Exhibit 3.1.6; 
(B) held in trust for the Hualapai Tribe; 
and 
(C) part of the Hualapai Reservation pur-
suant to Executive Order 1368, dated June 2, 
1911. 
(58) PARTY.—The term ‘‘party’’ means a per-
son that is a signatory to the Hualapai Tribe water 
rights settlement agreement. 
(59) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(60) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
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(61) STOCK WATERING.—The term ‘‘stock wa-
tering’’ means the watering of livestock, range live-
stock, or poultry. 
(62) SURFACE
WATER.—The term ‘‘surface 
water’’ means all water in the State that is appro-
priable under State law. 
(63) TRUXTON
BASIN.—The term ‘‘Truxton 
Basin’’ means the groundwater aquifer described in 
the report issued by the United States Geological 
Survey entitled ‘‘Groundwater Availability in the 
Truxton Basin, Northwestern Arizona’’, Scientific 
Investigations Report No. 2020–5017–A. 
(64) WATER.—The term ‘‘water’’, when used 
without a modifying adjective, means— 
(A) groundwater; 
(B) surface water; 
(C) effluent; and 
(D) Colorado River water. 
(65) WATER RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface 
water, effluent, or Colorado River water under Fed-
eral, State, or other law. 
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SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 
TRIBE WATER RIGHTS SETTLEMENT AGREE-
MENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act and to the extent the Hualapai Tribe water 
rights settlement agreement does not conflict with 
this Act, the Hualapai Tribe water rights settlement 
agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Hualapai Tribe water rights settlement agreement, 
or to any exhibit attached to the Hualapai Tribe 
water rights settlement agreement requiring the sig-
nature of the Secretary, is executed in accordance 
with this Act to make the Hualapai Tribe water 
rights settlement agreement consistent with this Act, 
the amendment is authorized, ratified, and con-
firmed, to the extent the amendment is consistent 
with this Act. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Hualapai 
Tribe water rights settlement agreement does not 
conflict with this Act, the Secretary shall execute the 
Hualapai Tribe water rights settlement agreement, 
including all exhibits to, or parts of, the Hualapai 
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Tribe water rights settlement agreement requiring 
the signature of the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary from approving any modification 
to an appendix or exhibit to the Hualapai Tribe 
water rights settlement agreement that is consistent 
with this Act, to the extent the modification does not 
otherwise require congressional approval under sec-
tion 2116 of the Revised Statutes (25 U.S.C. 177) 
or any other applicable provision of Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) 
IN
GENERAL.—In 
implementing 
the 
Hualapai Tribe water rights settlement agreement 
(including all exhibits to the Hualapai Tribe water 
rights settlement agreement requiring 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) COMPLIANCE.— 
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(A) IN
GENERAL.—In implementing the 
Hualapai Tribe water rights settlement agree-
ment and this Act, the Hualapai Tribe shall 
prepare any necessary environmental docu-
ments, consistent with all applicable provisions 
of— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), in-
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation submitted under subparagraph 
(A); and 
(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the Hualapai Tribe water rights settlement agree-
ment by the Secretary under this section shall not 
constitute a major action for purposes of the Na-
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tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
SEC. 5. WATER RIGHTS. 
(a) WATER RIGHTS TO BE HELD IN TRUST.— 
(1) HUALAPAI TRIBE.—The United States shall 
hold the following water rights in trust for the ben-
efit of the Hualapai Tribe: 
(A) The water rights for the Hualapai 
Reservation described in subparagraph 4.2 of 
the Hualapai Tribe water rights settlement 
agreement. 
(B) The water rights for Hualapai trust 
land described in subparagraph 4.4 of the 
Hualapai Tribe water rights settlement agree-
ment. 
(C) The water rights described in section 
12(e)(2) for any land taken into trust by the 
United States for the benefit of the Hualapai 
Tribe— 
(i) after the Enforceability Date; and 
(ii) 
in 
accordance 
with 
section 
12(e)(1). 
(D) All Hualapai Tribe CAP water. 
(2) ALLOTTEES.—The United States shall hold 
in trust for the benefit of the allottees all water 
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rights for the allotments described in subparagraph 
4.3.2 of the Hualapai Tribe water rights settlement 
agreement. 
(b) FORFEITURE
AND ABANDONMENT.—The fol-
lowing water rights shall not be subject to loss through 
non-use, forfeiture, abandonment, or other operation of 
law: 
(1) The water rights for the Hualapai Reserva-
tion described in subparagraph 4.2 of the Hualapai 
Tribe water rights settlement agreement. 
(2) The water rights for Hualapai trust land 
described in subparagraph 4.4 of the Hualapai Tribe 
water rights settlement agreement. 
(3) Any Colorado River water entitlement pur-
chased by the Hualapai Tribe wholly or substantially 
with amounts in the Economic Development Fund 
described in section 8.1 of the Amended and Re-
stated Hualapai Tribe Bill Williams River Water 
Rights Settlement Agreement. 
(c) ALIENATION.—Any Colorado River water entitle-
ment purchased by the Hualapai Tribe wholly or substan-
tially with amounts in the Economic Development Fund 
described in section 8.1 of the Amended and Restated 
Hualapai Tribe Bill Williams River Water Rights Settle-
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ment Agreement shall be restricted against permanent 
alienation by the Hualapai Tribe. 
(d) HUALAPAI TRIBE CAP WATER.—The Hualapai 
Tribe shall have the right to divert, use, and store the 
Hualapai Tribe CAP water in accordance with section 13. 
(e) COLORADO RIVER WATER ENTITLEMENTS.— 
(1) USES.—The Hualapai Tribe shall have the 
right to use any Colorado River water entitlement 
purchased by or donated to the Hualapai Tribe at 
the location to which the entitlement is appurtenant 
on the date on which the entitlement is purchased 
or donated. 
(2) STORAGE.— 
(A) IN GENERAL.—Subject to paragraphs 
(3) and (5), the Hualapai Tribe may store Colo-
rado River water available under any Colorado 
River water entitlement purchased by or do-
nated to the Hualapai Tribe at underground 
storage facilities or groundwater savings facili-
ties located within the State and in accordance 
with State law. 
(B) ASSIGNMENTS.—The Hualapai Tribe 
may assign any long-term storage credits ac-
crued as a result of storage under subpara-
graph (A) in accordance with State law. 
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(1) ESTABLISHMENT.—The Secretary shall es-
tablish a trust fund account, to be known as the 
‘‘Hualapai Water Trust Fund Account’’, to be man-
aged, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or re-
verted to the general fund of the Treasury, con-
sisting of the amounts deposited in the Hualapai 
Water Trust Fund Account under paragraph (2), to-
gether with any interest earned on those amounts, 
for the purposes of carrying out this Act. 
(2) DEPOSITS.—The Secretary shall deposit in 
the Hualapai Water Trust Fund Account the 
amounts made available pursuant to section 7(a)(1). 
(3) MANAGEMENT AND INTEREST.— 
(A) MANAGEMENT.—On receipt and de-
posit of funds into the Hualapai Water Trust 
Fund Account, the Secretary shall manage, in-
vest, and distribute all amounts in the Hualapai 
Water Trust Fund Account in a manner that is 
consistent with the investment authority of the 
Secretary under— 
(i) the first section of the Act of June 
24, 1938 (25 U.S.C. 162a); 
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(ii) the American Indian Trust Fund 
Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.); and 
(iii) this subsection. 
(B) INVESTMENT EARNINGS.—In addition 
to the deposits made to the Hualapai Water 
Trust Fund Account under paragraph (2), any 
investment earnings, including interest, credited 
to amounts held in the Hualapai Water Trust 
Fund Account are authorized to be used in ac-
cordance with paragraph (7). 
(4) AVAILABILITY OF AMOUNTS.— 
(A) IN GENERAL.—Amounts appropriated 
to, and deposited in, the Hualapai Water Trust 
Fund Account, including any investment earn-
ings, shall be made available to the Hualapai 
Tribe by the Secretary beginning on the En-
forceability Date, subject to the requirements of 
this section. 
(B) USE.—Notwithstanding subparagraph 
(A), amounts deposited in the Hualapai Water 
Trust Fund Account shall be available to the 
Hualapai Tribe on the date on which the 
amounts are deposited for environmental com-
pliance, as provided in section 8. 
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(5) WITHDRAWALS.— 
(A) WITHDRAWALS UNDER THE AMERICAN 
INDIAN
TRUST
FUND
MANAGEMENT
REFORM 
ACT OF 1994.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may withdraw any portion of the 
amounts in the Hualapai Water Trust 
Fund Account on approval by the Sec-
retary of a Tribal management plan sub-
mitted by the Tribe in accordance with the 
American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et 
seq.). 
(ii) REQUIREMENTS.—In addition to 
the requirements under the American In-
dian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001 et seq.), the 
Tribal management plan under this sub-
paragraph shall require that the Hualapai 
Tribe spend all amounts withdrawn from 
the Hualapai Water Trust Fund Account 
and any investment earnings accrued 
through the investments under the Tribal 
management plan in accordance with this 
Act. 
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(iii) ENFORCEMENT.—The Secretary 
may carry out such judicial and adminis-
trative actions as the Secretary determines 
to be necessary to enforce the Tribal man-
agement plan under this subparagraph to 
ensure that amounts withdrawn by the 
Hualapai Tribe from the Hualapai Water 
Trust Fund Account under clause (i) are 
used in accordance with this Act. 
(B) WITHDRAWALS UNDER EXPENDITURE 
PLAN.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may submit to the Secretary a re-
quest 
to 
withdraw 
funds 
from 
the 
Hualapai Water Trust Fund Account pur-
suant to an approved expenditure plan. 
(ii) REQUIREMENTS.—To be eligible 
to withdraw amounts under an expenditure 
plan 
under 
this 
subparagraph, 
the 
Hualapai Tribe shall submit to the Sec-
retary an expenditure plan for any portion 
of the Hualapai Water Trust Fund Ac-
count that the Hualapai Tribe elects to 
withdraw pursuant to this subparagraph, 
subject to the condition that the amounts 
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shall be used for the purposes described in 
this Act. 
(iii) 
INCLUSIONS.—An 
expenditure 
plan under this subparagraph shall include 
a description of the manner and purpose 
for which the amounts proposed to be 
withdrawn from the Hualapai Water Trust 
Fund Account will be used by the 
Hualapai Tribe, in accordance with para-
graph (7). 
(iv) APPROVAL.—The Secretary shall 
approve an expenditure plan submitted 
under clause (ii) if the Secretary deter-
mines that the plan— 
(I) is reasonable; and 
(II) is consistent with, and will 
be used for, the purposes of this Act. 
(v) ENFORCEMENT.—The Secretary 
may carry out such judicial and adminis-
trative actions as the Secretary determines 
to be necessary to enforce an expenditure 
plan to ensure that amounts disbursed 
under this subparagraph are used in ac-
cordance with this Act. 
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(6) EFFECT OF TITLE.—Nothing in this section 
gives the Hualapai Tribe the right to judicial review 
of a determination of the Secretary relating to 
whether to approve a Tribal management plan under 
paragraph (5)(A) or an expenditure plan under 
paragraph (5)(B) except under subchapter II of 
chapter 5, and chapter 7, of title 5, United States 
Code (commonly known as the ‘‘Administrative Pro-
cedure Act’’). 
(7) USES.—Amounts from the Hualapai Water 
Trust Fund Account shall be used by the Hualapai 
Tribe— 
(A) to plan, design, construct, and conduct 
related activities, including compliance with 
Federal environmental laws under section 8, the 
Hualapai Water Project, which shall be de-
signed to divert, treat, and convey up to 3,414 
AFY of water from the Colorado River in the 
lower basin in the State, including locations on 
or directly adjacent to the Hualapai Reserva-
tion, for municipal, commercial, and industrial 
uses on the Hualapai Reservation; 
(B) to perform OM&R on the Hualapai 
Water Project; 
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(C) to construct facilities to transport elec-
trical power to pump water for the Hualapai 
Water Project; 
(D) to construct, repair, and replace such 
infrastructure as may be necessary for ground-
water wells on the Hualapai Reservation and to 
construct infrastructure for delivery and use of 
such groundwater on the Hualapai Reservation; 
(E) to acquire land, interests in land, and 
water rights outside the exterior boundaries of 
the Hualapai Reservation that are located in 
the Truxton Basin; 
(F) to reimburse the Hualapai Tribe for 
any— 
(i) planning, design, and engineering 
costs associated with the Hualapai Water 
Project that the Hualapai Tribe incurs 
using Tribal funds during the period— 
(I) beginning on the date of en-
actment of this Act; and 
(II) ending on the Enforceability 
Date; and 
(ii) construction costs associated with 
the Hualapai Water Project that the 
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Hualapai Tribe incurs using Tribal funds 
during the period— 
(I) beginning on the date on 
which the Secretary issues a record of 
decision; and 
(II) ending on the Enforceability 
Date; and 
(G) to make contributions to the Economic 
Development Fund described in section 8.1 of 
the Amended and Restated Hualapai Tribe Bill 
Williams River Water Rights Settlement Agree-
ment for the purpose of purchasing additional 
Colorado River water entitlements and appur-
tenant land. 
(8) LIABILITY.—The Secretary and the Sec-
retary of the Treasury shall not be liable for the ex-
penditure or investment of any amounts withdrawn 
from the Hualapai Water Trust Fund Account by 
the Hualapai Tribe under paragraph (5). 
(9) TITLE TO INFRASTRUCTURE.—Title to, con-
trol over, and operation of any project constructed 
using funds from the Hualapai Water Trust Fund 
Account shall remain in the Hualapai Tribe. 
(10) OM&R.—All OM&R costs of any project 
constructed using funds from the Hualapai Water 
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Trust Fund Account shall be the responsibility of 
the Hualapai Tribe. 
(11) NO PER CAPITA DISTRIBUTIONS.—No por-
tion of the Hualapai Water Trust Fund Account 
shall be distributed on a per capita basis to any 
member of the Hualapai Tribe. 
(12) EXPENDITURE REPORTS.—The Hualapai 
Tribe shall annually submit to the Secretary an ex-
penditure report describing accomplishments and 
amounts spent from use of withdrawals under a 
Tribal management plan or an expenditure plan 
under this Act. 
(b) HUALAPAI WATER SETTLEMENT IMPLEMENTA-
TION FUND ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a nontrust, inter-
est-bearing account, to be known as the ‘‘Hualapai 
Water Settlement Implementation Fund Account’’ 
(referred to in this subsection as the ‘‘Implementa-
tion Fund Account’’) to be managed and distributed 
by the Secretary, for use by the Secretary for car-
rying out this Act. 
(2) DEPOSITS.—The Secretary shall deposit in 
the Implementation Fund Account the amounts 
made available pursuant to section 7(a)(2). 
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(3) USES.—The Implementation Fund Account 
shall be used by the Secretary to carry out section 
15(c), including for groundwater monitoring in the 
Truxton Basin. 
(4) INTEREST.—In addition to the deposits 
under paragraph (2), any investment earnings, in-
cluding interest, credited to amounts unexpended in 
the Implementation Fund Account are authorized to 
be appropriated to be used in accordance with para-
graph (3). 
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.— 
(1) HUALAPAI
WATER
TRUST
FUND
AC-
COUNT.—There is authorized to be appropriated to 
the Secretary for deposit in the Hualapai Water 
Trust Fund Account $180,000,000, to be available 
until expended, withdrawn, or reverted to the gen-
eral fund of the Treasury. 
(2) HUALAPAI WATER SETTLEMENT IMPLEMEN-
TATION FUND ACCOUNT.—There is authorized to be 
appropriated to the Secretary for deposit in the 
Hualapai Water Settlement Implementation Fund 
account established by section 6(b)(1) $5,000,000. 
(b) FLUCTUATION IN COSTS.— 
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(1) IN GENERAL.—The amount authorized to 
be appropriated under subsection (a)(1) shall be in-
creased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after the date of en-
actment of this Act, as indicated by the Bureau of 
Reclamation Construction Cost Index—Composite 
Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amount authorized to be appropriated under sub-
section (a)(1) shall be adjusted to address construc-
tion cost changes necessary to account for unfore-
seen market volatility that may not otherwise be 
captured by engineering cost indices as determined 
by the Secretary, including repricing applicable to 
the types of construction and current industry 
standards involved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the amount au-
thorized, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing adjustment for any increment of funding 
shall end on the date on which the funds are depos-
ited in the Hualapai Water Trust Fund Account. 
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SEC. 8. ENVIRONMENTAL COMPLIANCE. 
(a) IN GENERAL.—Effective beginning on the date 
of deposit of funds in the Hualapai Water Trust Fund 
Account, the Hualapai Tribe may commence any environ-
mental, cultural, and historical compliance activities nec-
essary to implement the Hualapai Tribe water rights set-
tlement agreement and this Act, including activities nec-
essary to comply with all applicable provisions of— 
(1) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(2) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), including the imple-
menting regulations of that Act; and 
(3) all other applicable Federal environmental 
or historical and cultural protection laws and regula-
tions. 
(b) NO EFFECT ON OUTCOME.—Nothing in this Act 
affects or directs the outcome of any analysis under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) or any other applicable Federal environ-
mental or historical and cultural protection law. 
(c) COMPLIANCE COSTS.—Any costs associated with 
the performance of the compliance activities under sub-
section (a) shall be paid from funds deposited in the 
Hualapai Water Trust Fund Account, subject to the con-
dition that any costs associated with the performance of 
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Federal approval or other review of such compliance work 
or costs associated with inherently Federal functions shall 
remain the responsibility of the Secretary. 
(d) RECORD
OF DECISION.—Construction of the 
Hualapai Water Project shall not commence until the Sec-
retary issues a record of decision after completion of an 
environmental impact statement for the Hualapai Water 
Project. 
(e) CONSTRUCTION COSTS.—Any costs of construc-
tion incurred by the Hualapai Tribe during the period be-
ginning on the date on which the Secretary issues a record 
of decision and ending on the Enforceability Date shall 
be paid by the Hualapai Tribe and not from funds depos-
ited in the Hualapai Water Trust Fund Account, subject 
to the condition that, pursuant to section 6(a)(7)(F), the 
Hualapai Tribe may be reimbursed after the Enforce-
ability Date from the Hualapai Water Trust Fund Ac-
count for any such costs of construction incurred by the 
Hualapai Tribe prior to the Enforceability Date. 
SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY THE 
HUALAPAI TRIBE.— 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hualapai Tribe, on be-
half of the Hualapai Tribe and the members of 
the Hualapai Tribe (but not members in the ca-
pacity of the members as allottees) and the 
United States, acting as trustee for the 
Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capac-
ity of the members as allottees), as part of the 
performance of the respective obligations of the 
Hualapai Tribe and the United States under 
the Hualapai Tribe water rights settlement 
agreement and this Act, are authorized to exe-
cute a waiver and release of any claims against 
the State (or any agency or political subdivision 
of the State) and any other individual, entity, 
corporation, or municipal corporation under 
Federal, State, or other law for all— 
(i) past, present, and future claims for 
water rights, including rights to Colorado 
River water, for Hualapai land, arising 
from time immemorial and, thereafter, for-
ever; 
(ii) past, present, and future claims 
for water rights, including rights to Colo-
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rado River water, arising from time imme-
morial and, thereafter, forever, that are 
based on the aboriginal occupancy of land 
by the Hualapai Tribe, the predecessors of 
the Hualapai Tribe, the members of the 
Hualapai Tribe, or predecessors of the 
members of the Hualapai Tribe; 
(iii) past and present claims for injury 
to water rights, including injury to rights 
to Colorado River water, for Hualapai 
land, 
arising 
from 
time 
immemorial 
through the Enforceability Date; 
(iv) past, present, and future claims 
for injury to water rights, including injury 
to rights to Colorado River water, arising 
from time immemorial and, thereafter, for-
ever, that are based on the aboriginal occu-
pancy of land by the Hualapai Tribe, the 
predecessors of the Hualapai Tribe, the 
members of the Hualapai Tribe, or prede-
cessors of the members of the Hualapai 
Tribe; 
(v) claims for injury to water rights, 
including injury to rights to Colorado 
River water, arising after the Enforce-
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ability Date, for Hualapai land, resulting 
from the off-reservation diversion or use of 
surface water, Colorado River water, or ef-
fluent in a manner not in violation of the 
Hualapai Tribe water rights settlement 
agreement or State law; 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the Hualapai Tribe water rights settle-
ment agreement, any judgment or decree 
approving or incorporating the Hualapai 
Tribe water rights settlement agreement, 
or this Act; 
(vii) claims for water rights of the 
Hualapai Tribe or the United States, act-
ing as trustee for the Hualapai Tribe and 
members of the Hualapai Tribe, with re-
spect to Parcel 3, in excess of 300 AFY; 
(viii) claims for injury to water rights 
arising after the Enforceability Date for 
Hualapai land resulting from the off-res-
ervation diversion or use of groundwater 
from— 
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(I) any well constructed outside 
of the Truxton Basin on or before the 
date of enactment of this Act; 
(II) any well constructed outside 
of the Truxton Basin, and not more 
than 2 miles from the exterior bound-
aries of the Hualapai Reservation, 
after the date of enactment of this 
Act if— 
(aa) 
the 
well 
was 
con-
structed to replace a well in ex-
istence on the date of enactment 
of this Act; 
(bb) the replacement well 
was constructed within 660 feet 
of the well being replaced; and 
(cc) the pumping capacity 
and case diameter of the replace-
ment well do not exceed the 
pumping capacity and case di-
ameter of the well being replaced; 
or 
(III) any well constructed outside 
the Truxton Basin, and not less than 
2 miles from the exterior boundaries 
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of the Hualapai Reservation, after the 
date of enactment of this Act, subject 
to the condition that the authoriza-
tions and restrictions regarding the lo-
cation, size, and operation of wells in 
the Bill Williams River watershed set 
forth in the Bill Williams agreements 
and the Bill Williams Act, and the 
waivers of claims in the Bill Williams 
agreements and the Bill Williams Act, 
shall continue to apply to the parties 
to the Bill Williams agreements, not-
withstanding the provisions of this 
subsection; and 
(ix) claims for injury to water rights 
arising after the Enforceability Date, for 
Hualapai land, resulting from the off-res-
ervation diversion or use of groundwater in 
the Truxton Basin from— 
(I) any well constructed within 
the Truxton Basin for domestic pur-
poses or stock watering— 
(aa) on or before the date on 
which the Secretary provides 
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written notice to the State pursu-
ant to section 15(c)(2); or 
(bb) after the date on which 
the Secretary provides written 
notice to the State pursuant to 
that section if— 
(AA) the well was con-
structed to replace a well in 
existence on the date on 
which the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity 
and case diameter of the 
well being replaced; and 
(II) any well constructed within 
the Truxton Basin for purposes other 
than domestic purposes or stock wa-
tering— 
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(aa) on or before the date of 
enactment of this Act; 
(bb) after the date of enact-
ment of this Act if the Secretary 
has not provided written notice to 
the State pursuant to section 
15(c)(2); or 
(cc) after the date of enact-
ment of this Act if the Secretary 
has provided written notice to the 
State 
pursuant 
to 
section 
15(c)(2) and if— 
(AA) the well was con-
structed to replace a well in 
existence on the on which 
date the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity 
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and case diameter of the 
well being replaced. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims described in subparagraph (A) 
shall take effect on the Enforceability Date. 
(C) RESERVATION OF RIGHTS AND RETEN-
TION OF CLAIMS.—Notwithstanding the waiver 
and release of claims described in subparagraph 
(A), the Hualapai Tribe, acting on behalf of the 
Hualapai Tribe and the members of the 
Hualapai Tribe, and the United States, acting 
as trustee for the Hualapai Tribe and the mem-
bers of the Hualapai Tribe (but not members in 
the capacity of the members as allottees), shall 
retain any right— 
(i) subject to subparagraph 12.7 of 
the Hualapai Tribe water rights settlement 
agreement, to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Hualapai Tribe 
water rights settlement agreement or this 
Act in any Federal or State court of com-
petent jurisdiction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
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Hualapai Tribe under any judgment or de-
cree 
approving 
or 
incorporating 
the 
Hualapai Tribe water rights settlement 
agreement; 
(iii) to assert claims for water rights 
based on State law for land owned or ac-
quired by the Hualapai Tribe in fee, under 
subparagraph 4.8 of the Hualapai Tribe 
water rights settlement agreement; 
(iv) to object to any claims for water 
rights or injury to water rights by or for 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(v) to assert past, present, or future 
claims for injury to water rights against 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(vi) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Bill Williams 
agreements or the Bill Williams Act in any 
Federal or State court of competent juris-
diction; 
(vii) subject to paragraphs (1), (3), 
(4), and (5) of section 5(e), to assert the 
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rights of the Hualapai Tribe under any 
Colorado River water entitlement pur-
chased by or donated to the Hualapai 
Tribe; and 
(viii) to assert claims for injury to 
water rights arising after the Enforce-
ability Date for Hualapai land resulting 
from any off-reservation diversion or use of 
groundwater, without regard to quantity, 
from— 
(I) any well constructed after the 
date of enactment of this Act outside 
of the Truxton Basin and not more 
than 2 miles from the exterior bound-
aries of the Hualapai Reservation, ex-
cept a replacement well described in 
subparagraph (A)(viii)(II), subject to 
the authorizations and restrictions re-
garding the location, size, and oper-
ation of wells in the Bill Williams 
River watershed, and the waivers of 
claims, set forth in the Bill Williams 
agreements and the Bill Williams Act; 
(II) any well constructed within 
the Truxton Basin for domestic pur-
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