I 
116TH CONGRESS 
1ST SESSION H. R. 2459 
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 
MAY 1, 2019 
Mr. O’HALLERAN (for himself, Mr. STANTON, Mrs. KIRKPATRICK, Mr. 
GALLEGO, Mr. BIGGS, Mr. GOSAR, Mr. SCHWEIKERT, and Mrs. LESKO) 
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 2019’’. 
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SEC. 2. PURPOSES. 
The purposes of this Act are— 
(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 
entered into among the Hualapai Tribe, the United 
States, the State, and others, 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 amounts 
necessary for the implementation of the Hualapai 
Tribe water rights settlement agreement and this 
Act. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) 1947 JUDGMENT.—The term ‘‘1947 Judg-
ment’’ means the Judgment and the Stipulation and 
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. 
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(5) AVAILABLE CAP SUPPLY.—The term ‘‘avail-
able CAP supply’’ means, for any year— 
(A) all fourth priority water available for 
delivery through the CAP system; 
(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
WATER 
RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 
Williams River phase 2 water rights settlement 
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agreement’’ means the agreement of that name that 
is attached to, and incorporated in, the Hualapai 
Tribe water rights settlement agreement as Exhibit 
4.3.3. 
(9) 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. 
(10) CAP CONTRACTOR.— 
(A) IN GENERAL.—The term ‘‘CAP con-
tractor’’ means a person that has entered into 
a CAP contract. 
(B) INCLUSION.—The term ‘‘CAP con-
tractor’’ includes the Hualapai Tribe. 
(11) 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. 
(12) CAP M&I
PRIORITY
WATER.—The term 
‘‘CAP M&I priority water’’ means the CAP water 
that has a municipal and industrial delivery priority 
under the CAP repayment contract. 
(13) CAP NIA
PRIORITY
WATER.—The term 
‘‘CAP NIA priority water’’ means the CAP water 
deliverable under a CAP contract or a CAP sub-
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contract providing for the delivery of non-Indian ag-
ricultural priority water. 
(14) CAP 
OPERATING
AGENCY.—The term 
‘‘CAP operating agency’’ means— 
(A) the one or more entities authorized to 
assume 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. 
(15) 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. 
(16) CAP REPAYMENT CONTRACT.—The term 
‘‘CAP repayment contract’’ means— 
(A) the contract entitled ‘‘Contract be-
tween the United States and CAWCD for Deliv-
ery of Water and Repayment of Costs of the 
CAP’’, numbered 14–06–W–245 (Amendment 
No. 1), and dated December 1, 1988; and 
(B) any amendment to, or revision of, that 
contract. 
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(17) 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. 
(18) 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. 
(19) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means a person that has entered into 
a CAP subcontract. 
(20) 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). 
(21) CAP WATER.—The term ‘‘CAP water’’ has 
the meaning given the term ‘‘Project Water’’ in the 
CAP repayment stipulation. 
(22) 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.). 
(23) 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. 
(24) 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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(25) COLORADO
RIVER
WATER.—The term 
‘‘Colorado River water’’ means the water of the Col-
orado River within the United States, including— 
(A) the water of reservoirs on the Colorado 
River within the United States; 
(B) the water of all tributaries to the Colo-
rado River within the United States, other than 
tributaries located within the State; 
(C) the water beneath the surface of the 
Earth that is hydraulically connected to the 
Colorado River within the United States; and 
(D) all water beneath the surface of the 
Earth that is hydraulically connected to tribu-
taries to the Colorado River within the United 
States, other than tributaries located within the 
State. 
(26) 
COLORADO
RIVER
WATER
ENTITLE-
MENT.— 
(A) IN
GENERAL.—The term ‘‘Colorado 
River water entitlement’’ means the right or au-
thorization to use Colorado River water in the 
State. 
(B) EXCLUSION.—The term ‘‘Colorado 
River water entitlement’’ does not include the 
right of the Hualapai Tribe to use Hualapai 
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Tribe CAP water in accordance with the 
Hualapai Tribe water delivery contract. 
(27) COMMISSIONER.—The term ‘‘Commis-
sioner’’ means the Commissioner of Reclamation. 
(28) DIVERSION.—The term ‘‘diversion’’ means 
an act to divert. 
(29) DIVERT.—The term ‘‘divert’’ means the 
receipt, withdrawal, development, production, or cap-
ture of water using a ditch, canal, flume, bypass, 
pipeline, pit, collection or infiltration gallery, con-
duit, well, pump, turnout, dam, or any other me-
chanical device, or any other act of man. 
(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, 
whether or not the water has been treated to 
improve the quality of the water. 
(31) ENFORCEABILITY DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 12(a). 
(32) EXCHANGE.—The term ‘‘exchange’’ means 
a trade between one or more persons of any water 
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for any other water, if each person has a right or 
claim to use the water the person provides in the 
trade, regardless of whether the water is traded in 
equal amounts 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— 
(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 more recently than September 30, 1968, 
for use on Federal, State, or privately owned 
land in the State, in a total quantity not great-
er 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.— 
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(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, including Byner Cattle 
Company, a Nevada corporation. 
(35) GILA
RIVER
ADJUDICATION.—The term 
‘‘Gila River adjudication’’ means the action pending 
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. 
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(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— 
(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 ownership 
through a related entity. 
(40) HUALAPAI
LAND.—The term ‘‘Hualapai 
land’’ means— 
(A) the Hualapai Reservation; 
(B) Hualapai trust land; and 
(C) Hualapai fee land. 
(41) HUALAPAI OM&R TRUST ACCOUNT.—The 
term ‘‘Hualapai OM&R Trust Account’’ means the 
account established by section 6(c)(1). 
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(42) 
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 
(C) the land added to the Hualapai Res-
ervation by section 9. 
(43) 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’’). 
(44) 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; 
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(B) was retained by the Secretary for re-
allocation to Indian tribes in the State pursuant 
to section 104(a)(1)(A)(iii) of the Central Ari-
zona Project Settlement Act of 2004 (Public 
Law 108–451; 118 Stat. 3487); and 
(C) is reallocated to the Hualapai Tribe 
pursuant to section 11. 
(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 the ‘‘Hualapai Tribe Water Rights Settle-
ment Agreement’’. 
(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. 
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(46) 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-
ment agreement and section 11(c) for the delivery of 
Hualapai Tribe CAP water. 
(47) HUALAPAI
TRUST
LAND.—The term 
‘‘Hualapai trust land’’ means land, other than 
Hualapai fee land, that is— 
(A) located— 
(i) in the State; and 
(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. 
(48) HUALAPAI
WATER
PROJECT.—The term 
‘‘Hualapai Water Project’’ means the project con-
structed in accordance with section 6. 
(49) HUALAPAI WATER PROJECT ACCOUNT.— 
The term ‘‘Hualapai Water Project Account’’ means 
the account established by section 6(b)(1). 
(50) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
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Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(51) 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. 
(52) LOWER BASIN.—The term ‘‘lower basin’’ 
has the meaning given the term in article II(g) of 
the Colorado River Compact. 
(53) LOWER COLORADO RIVER BASIN DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
lished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543). 
(54) MEMBER.—The term ‘‘member’’ means 
any person duly enrolled as a member of the 
Hualapai Tribe. 
(55) OM&R.—The term ‘‘OM&R’’ means— 
(A) any recurring or ongoing activity relat-
ing to the day-to-day operation of a project; 
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(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. 
(56) PARCEL 1.—The term ‘‘Parcel 1’’ means 
the parcel of land that— 
(A) is 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) is held in trust for certain allottees. 
(57) PARCEL 2.—The term ‘‘Parcel 2’’ means 
the parcel of land that— 
(A) is depicted as ‘‘Parcel 2’’ on the map 
attached to the Hualapai Tribe water rights 
settlement agreement as Exhibit 3.1.6; and 
(B) is held in trust for certain allottees. 
(58) PARCEL 3.—The term ‘‘Parcel 3’’ means 
the parcel of land that— 
(A) is depicted as ‘‘Parcel 3’’ on the map 
attached to the Hualapai Tribe water rights 
settlement agreement as Exhibit 3.1.6; 
(B) is held in trust for the Hualapai Tribe; 
and 
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(xv) a political subdivision or munic-
ipal corporation organized under or subject 
to the constitution and laws of the State. 
(B) INCLUSIONS.—The term ‘‘person’’ in-
cludes an officer, director, agent, insurer, rep-
resentative, employee, attorney, assign, sub-
sidiary, affiliate, enterprise, legal representative, 
any predecessor and successor in interest, and 
any heir of a predecessor and successor in in-
terest of a person. 
(61) PRECONSTRUCTION ACTIVITY.— 
(A) 
IN
GENERAL.—The 
term 
‘‘preconstruction activity’’ means the work re-
lating to the preplanning, planning, and design 
phases of construction, as those terms are de-
fined in paragraphs (1) through (3) of section 
900.112(a) of title 25, Code of Federal Regula-
tions (or a successor regulation). 
(B) INCLUSION.—The term ‘‘preconstruc-
tion activity’’ includes the activities described in 
section 900.112(b) of title 25, Code of Federal 
Regulations (or a successor regulation). 
(62) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
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(63) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
(64) SURFACE
WATER.—The term ‘‘surface 
water’’ means all water in the State that is appro-
priable under State law. 
(65) WATER.—The term ‘‘water’’, when used 
without a modifying adjective, means— 
(A) groundwater; 
(B) surface water; 
(C) effluent; or 
(D) Colorado River water. 
(66) WATER RIGHT.—The term ‘‘water right’’ 
means any right or rights in or to groundwater, sur-
face water, effluent, or Colorado River water under 
Federal, State, or other law. 
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 that 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. 
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(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 
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 that the modification 
does not otherwise require congressional approval 
under section 2116 of the Revised Statutes (25 
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U.S.C. 177) or any other applicable provision of 
Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary shall carry 
out all Federal compliance activities necessary to im-
plement 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, includ-
ing activities necessary to 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.); and 
(C) all other applicable Federal environ-
mental laws. 
(2) 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-
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.— 
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(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 
10(b)(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 
10(b)(1). 
(D) All Hualapai Tribe CAP water. 
(2) ALLOTTEES.—The United States shall hold 
in trust for the benefit of the allottees all water 
rights for the allotments described in subparagraph 
4.3.2 of the Hualapai Tribe water rights settlement 
agreement. 
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(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 contributed by Freeport to the Eco-
nomic Development Fund described in section 8.1 of 
the Amended and Restated Hualapai Tribe Bill Wil-
liams River Water Rights Settlement Agreement. 
(c) ALIENATION.—Any Colorado River water entitle-
ment purchased by the Hualapai Tribe wholly or substan-
tially with amounts contributed by Freeport to the Eco-
nomic Development Fund described in section 8.1 of the 
Amended and Restated Hualapai Tribe Bill Williams 
River Water Rights Settlement Agreement shall be re-
stricted against permanent alienation by the Tribe. 
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(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 11. 
(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. 
(3) TRANSFERS.—The Hualapai Tribe may 
transfer the entitlement for use or storage under 
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paragraph (1) or (2), respectively, to another loca-
tion within the State, including the Hualapai Res-
ervation, in accordance with the Hualapai Tribe 
water rights settlement agreement and all applicable 
Federal and State laws governing the transfer of 
Colorado River water entitlements within the State. 
(4) LEASES.—The Hualapai Tribe may lease 
the entitlement for use or storage to a water user 
within the State, in accordance with the Hualapai 
Tribe water rights settlement agreement and all ap-
plicable Federal and State laws governing the trans-
fer of Colorado River water entitlements within the 
State. 
(5) TRANSPORTS.—The Hualapai Tribe, or any 
person who leases the entitlement from the Hualapai 
Tribe under paragraph (4), may transport Colorado 
River water available under the entitlement through 
the Central Arizona Project in accordance with all 
laws of the United States and the Central Arizona 
Water Conservation District governing the use of the 
Central Arizona Project to transport water other 
than CAP water. 
(f) USE OFF-RESERVATION.—No water rights to 
groundwater under the Hualapai Reservation or Hualapai 
trust land, or to surface water on the Hualapai Reserva-
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tion or Hualapai trust land, may be sold, leased, trans-
ferred, or used outside the boundaries of the Hualapai 
Reservation or Hualapai trust land, other than under an 
exchange. 
SEC. 
6. 
AUTHORIZATION 
FOR 
CONSTRUCTION 
OF 
HUALAPAI WATER PROJECT; FUNDING. 
(a) HUALAPAI WATER PROJECT.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary, acting through the 
Commissioner, shall plan, design, and construct the 
Hualapai Water Project, which shall be designed to 
divert, treat, and convey not less than 3,414 AFY of 
water from the Colorado River for municipal, com-
mercial, and industrial uses on the Hualapai Res-
ervation. 
(2) LEAD AGENCY.—The Bureau of Reclama-
tion shall serve as the lead agency with respect to 
any activity to plan, design, and construct the water 
diversion and delivery features of the Hualapai 
Water Project. 
(3) SCOPE.— 
(A) IN GENERAL.—The scope of the plan-
ning, design, and construction activities for the 
Hualapai Water Project shall be as generally 
described in the document entitled ‘‘Appraisal 
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Design Report revised with Addendum (June 
2016)’’ and prepared by DOWL HKM, subject 
to the condition that, before commencing final 
design and construction activities, the Secretary 
shall— 
(i) review the design of the proposed 
construction; 
(ii) perform value engineering anal-
yses; and 
(iii) perform appropriate Federal com-
pliance activities. 
(B) 
REQUIREMENTS.—The 
Hualapai 
Water Project shall— 
(i) be capable of delivering 3,414 AFY 
of water from the Colorado River to the 
Reservation; 
(ii) include all facilities and appur-
tenant items necessary to divert, store, 
treat, and deliver water for municipal, 
commercial, and industrial uses on the 
Hualapai Reservation; and 
(iii) to the maximum extent prac-
ticable, be designed and constructed to 
minimize OM&R costs. 
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(C) 
NEGOTIATIONS
WITH
HUALAPAI 
TRIBE.—On the basis of the review described in 
subparagraph (A)(i), the Secretary shall peri-
odically offer to negotiate and reach agreement 
with the Hualapai Tribe regarding any appro-
priate changes to the final design— 
(i) to ensure that the final design 
meets applicable industry standards; 
(ii) to improve the cost-effectiveness 
of the delivery of Colorado River water; 
and 
(iii) to ensure that the Hualapai 
Water Project will be constructed using 
only the amounts made available pursuant 
to subsection (b)(6). 
(4) APPLICABILITY OF ISDEAA.—On request of 
the Hualapai Tribe and in accordance with the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5301 et seq.), the Secretary shall 
enter into one or more agreements with the 
Hualapai Tribe to carry out this subsection. 
(5) OPERATION AND MAINTENANCE.— 
(A) IN
GENERAL.—In accordance with 
subsection (c) and subject to the availability of 
appropriations, during the period beginning on 
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the enforceability date and ending on the date 
on which title to the Hualapai Water Project is 
transferred to the Hualapai Tribe pursuant to 
paragraph (6), the Secretary, acting through 
the Commissioner, in consultation with the 
Hualapai Tribe, shall operate, maintain, and re-
place the Hualapai Water Project. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN GENERAL.—There is authorized 
to be appropriated to the Secretary to 
carry out the activities described in sub-
paragraph (A) $5,000,000, to remain 
available until expended. 
(ii) 
UNEXPENDED
FUNDS.—Any 
funds that remain unexpended on the date 
on which title to the Hualapai Water 
Project is transferred to the Hualapai 
Tribe pursuant to paragraph (6) shall re-
vert to the Treasury. 
(iii) 
PROHIBITION.—The 
Secretary 
shall not use any amounts from the 
Hualapai Water Project Account or the 
Hualapai OM&R Trust Account to carry 
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out the activities described in subpara-
graph (A). 
(6) TITLE TO HUALAPAI WATER PROJECT.— 
(A) IN
GENERAL.—The Secretary shall 
convey to the Hualapai Tribe title to the 
Hualapai Water Project on the date on which 
the Secretary issues a notice including— 
(i) a certification that the infrastruc-
ture constructed is capable of storing, di-
verting, treating, transmitting, and distrib-
uting a supply of water as generally set 
forth in the final project design described 
in paragraph (3); 
(ii) a finding that the Hualapai Water 
Project is substantially complete; and 
(iii) a certification that the Secretary 
has consulted with the Hualapai Tribe re-
garding the finding described in clause (ii). 
(B) LIMITATION ON LIABILITY.— 
(i) IN
GENERAL.—Subject to clause 
(ii), beginning on the date on which the 
Secretary transfers to the Hualapai Tribe 
title to the Hualapai Water Project under 
subparagraph (A), the United States shall 
not be held liable by any court for damages 
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arising out of any act, omission, or occur-
rence relating to the facilities transferred. 
(ii) SAVINGS
CLAUSE.—Clause (i) 
shall not apply to liability for damages 
caused by an intentional act or an act of 
negligence 
committed 
by 
the 
United 
States, or by employees or agents of the 
United States, occurring prior to the date 
on which the Secretary transfers to the 
Hualapai Tribe title to the Hualapai Water 
Project under subparagraph (A). 
(C) 
OM&R 
OBLIGATION
OF
UNITED 
STATES
AFTER
CONVEYANCE.—Beginning on 
the date on which the Secretary transfers to the 
Hualapai Tribe title to the Hualapai Water 
Project under subparagraph (A), the United 
States shall have no obligation to pay for the 
OM&R costs of the Hualapai Water Project. 
(7) TECHNICAL ASSISTANCE.— 
(A) IN
GENERAL.—Subject to the avail-
ability of appropriations, the Secretary shall 
provide to the Hualapai Tribe technical assist-
ance, including operation and management 
training, to prepare the Hualapai Tribe for the 
operation of the Hualapai Water Project. 
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(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN GENERAL.—There is authorized 
to be appropriated to the Secretary to 
carry out the activities described in sub-
paragraph (A) $2,000,000, to remain 
available until expended. 
(ii) 
UNEXPENDED
FUNDS.—Any 
funds that remain unexpended on the date 
on which title to the Hualapai Water 
Project is transferred to the Hualapai 
Tribe pursuant to paragraph (6) shall re-
vert to the Treasury. 
(8) PROJECT MANAGEMENT COMMITTEE.—The 
Secretary shall facilitate the formation of a project 
management committee composed of representatives 
from the Bureau of Reclamation, the Bureau of In-
dian Affairs, the National Park Service, the United 
States Fish and Wildlife Service, and the Hualapai 
Tribe— 
(A) to review cost factors and budgets for 
construction, operation, and maintenance activi-
ties for the Hualapai Water Project; 
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(B) to improve management of inherently 
governmental functions through enhanced com-
munication; and 
(C) to seek additional ways to reduce over-
all costs for the Hualapai Water Project. 
(9) AUTHORIZATION TO CONSTRUCT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), beginning on the day after the en-
forceability date, the Secretary may construct 
the Hualapai Water Project. 
(B) PRECONSTRUCTION ACTIVITIES.— 
(i) IN
GENERAL.—Notwithstanding 
subparagraph (A) and subject to clause 
(ii), on or before the enforceability date, 
the Secretary may use not more than 
$15,233,000 of the amounts deposited in 
the Hualapai Water Project Account under 
subsection (b)(6) to carry out, for the 
Hualapai Water Project— 
(I) preconstruction activities; and 
(II) 
necessary 
environmental 
studies. 
(ii) FLUCTUATION
IN
COSTS.—The 
amount described in clause (i) shall be in-
creased or decreased, as appropriate, by 
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such amounts as may be justified by rea-
son of fluctuations in applicable engineer-
ing cost indices occurring after February 
29, 2016. 
(b) HUALAPAI WATER PROJECT ACCOUNT.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—There is established in 
the Treasury of the United States an account, 
to be known as the ‘‘Hualapai Water Project 
Account’’, for use in constructing the Hualapai 
Water Project. 
(B) 
ADMINISTRATION.—The 
Hualapai 
Water Project Account shall be administered by 
the Secretary. 
(C) COMPOSITION.—The Hualapai Water 
Project Account shall consist of the amounts 
deposited in the account under paragraph (6), 
together with any interest accrued on those 
amounts. 
(2) MANAGEMENT.— 
(A) IN
GENERAL.—The Secretary shall 
manage the Hualapai Water Project Account in 
a manner that is consistent with— 
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(i) the American Indian Trust Fund 
Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.); and 
(ii) this subsection. 
(B) INVESTMENTS.—The Secretary shall 
invest amounts in the Hualapai Water Project 
Account in accordance with— 
(i) the Act of April 1, 1880 (21 Stat. 
70, chapter 41; 25 U.S.C. 161); 
(ii) the first section of the Act of June 
24, 1938 (52 Stat. 1037, chapter 648; 25 
U.S.C. 162a); and 
(iii) obligations of Federal corpora-
tions and Federal Government-sponsored 
entities, the charter documents of which 
provide that the obligations of the entities 
are lawful investments for federally man-
aged funds, including— 
(I) obligations of the United 
States Postal Service described in sec-
tion 2005 of title 39, United States 
Code; 
(II) bonds and other obligations 
of the Tennessee Valley Authority de-
scribed in section 15d of the Ten-
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nessee Valley Authority Act of 1933 
(16 U.S.C. 831n–4); 
(III) mortgages, obligations, or 
other securities of the Federal Home 
Loan Mortgage Corporation described 
in section 303 of the Federal Home 
Loan Mortgage Corporation Act (12 
U.S.C. 1452); and 
(IV) bonds, notes, or debentures 
of the Commodity Credit Corporation 
described in section 4 of the Act of 
March 8, 1938 (52 Stat. 108, chapter 
44; 15 U.S.C. 713a–4). 
(C) CREDITS TO ACCOUNT.—The interest 
on, and the proceeds from, the sale or redemp-
tion of any obligations held in the Hualapai 
Water Project Account shall be credited to, and 
form a part of, the Hualapai Water Project Ac-
count. 
(3) PROJECT EFFICIENCIES.—If the total cost 
of planning, design, and construction activities of 
the Hualapai Water Project results in cost savings 
and is less than the amounts authorized to be appro-
priated under paragraph (6), the Secretary, at the 
request of the Hualapai Tribe, may— 
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(A) use those cost savings to carry out 
capital improvement projects associated with 
the Hualapai Water Project; or 
(B) transfer those cost savings to the 
Hualapai OM&R Trust Account. 
(4) NO REIMBURSEMENT.—The Secretary shall 
not be reimbursed by any entity, including the 
Hualapai Tribe, for any amounts expended by the 
Secretary in carrying out this section. 
(5) AVAILABILITY OF AMOUNTS AND INVEST-
MENT EARNINGS.— 
(A) IN GENERAL.—Except as provided in 
subsection (a)(9)(B), amounts appropriated to, 
and deposited in, the Hualapai Water Project 
Account shall not be available to the Secretary 
for expenditure until the enforceability date. 
(B) INVESTMENT EARNINGS.—Investment 
earnings under paragraph (2) on amounts de-
posited in the Hualapai Water Project Account 
shall not be available to the Secretary for ex-
penditure until the enforceability date. 
(6) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), there is authorized to be appro-
priated to the Secretary for deposit in the 
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Hualapai Water Project Account $134,500,000, 
to remain available until expended. 
(B) 
FLUCTUATION
IN
COSTS.—The 
amount authorized to be appropriated under 
subparagraph (A) shall be increased or de-
creased, as appropriate, by such amounts as 
may be justified by reason of fluctuations in ap-
plicable engineering cost indices occurring after 
February 29, 2016, until the date on which title 
to the Hualapai Water Project is transferred to 
the Hualapai Tribe under subsection (a)(6)(A). 
(c) HUALAPAI OM&R TRUST ACCOUNT.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—There is established in 
the Treasury of the United States a trust ac-
count, to be known as the ‘‘Hualapai OM&R 
Trust Account’’, for the OM&R of the Hualapai 
Water Project. 
(B) 
ADMINISTRATION.—The 
Hualapai 
OM&R Trust Account shall be administered by 
the Secretary. 
(C) COMPOSITION.—The Hualapai OM&R 
Trust Account shall consist of the amounts de-
posited in the account under paragraph (4), to-
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gether with any interest accrued on those 
amounts. 
(2) MANAGEMENT.— 
(A) IN
GENERAL.—The Secretary shall 
manage the Hualapai OM&R Trust Account in 
a manner that is consistent with— 
(i) the American Indian Trust Fund 
Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.); and 
(ii) this subsection. 
(B) INVESTMENTS.—The Secretary shall 
invest amounts in the Hualapai OM&R Trust 
Account in accordance with the laws and obliga-
tions described in clauses (i) through (iii) of 
subsection (b)(2)(B). 
(3) AVAILABILITY OF AMOUNTS.—Beginning on 
the date on which title to the Hualapai Water 
Project is transferred to the Hualapai Tribe under 
subsection (a)(6)(A), the Secretary shall make avail-
able to the Hualapai Tribe all amounts appropriated 
to, and deposited in, the Hualapai OM&R Trust Ac-
count. 
(4) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and in addition to any amounts 
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transferred from the Hualapai Water Project 
Account pursuant to subsection (b)(3)(B), there 
is authorized to be appropriated to the Sec-
retary for deposit and retention in the Hualapai 
OM&R Trust Account $32,000,000, to remain 
available until expended. 
(B) 
FLUCTUATION
IN
COSTS.—The 
amount authorized to be appropriated under 
subparagraph (A) shall be increased or de-
creased, as appropriate, by such amounts as 
may be justified by reason of fluctuations in ap-
plicable engineering cost indices occurring after 
February 29, 2016. 
SEC. 7. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 
(a) HUALAPAI TRIBE.— 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.— 
(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-
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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-
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; 
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(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 enforceability 
date, for Hualapai land, resulting from the 
off-Reservation diversion or use of water 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 
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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; and 
(vii) subject to paragraphs (1), (3), 
(4), and (5) of section 5(e), to assert the 
rights of the Hualapai Tribe under any 
Colorado River water entitlement pur-
chased by or donated to the Hualapai 
Tribe. 
(2) CLAIMS AGAINST UNITED STATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hualapai Tribe, acting 
on behalf of the Hualapai Tribe and the mem-
bers of the Hualapai Tribe (but not members in 
the capacity of the members as allottees) as 
part of the performance of the obligations of 
the Hualapai Tribe under the Hualapai Tribe 
water rights settlement agreement and this Act, 
is authorized to execute a waiver and release of 
all claims against the United States, including 
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agencies, officials, and employees of the United 
States, 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-
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 relating 
in any manner to damages, losses, or in-
jury to water rights (including injury to 
rights to Colorado River water), land, or 
other resources due to loss of water or 
water rights (including damages, losses, or 
injuries to hunting, fishing, gathering, or 
cultural rights due to loss of water or 
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water rights, claims relating to interference 
with, diversion, or taking of water, or 
claims relating to the failure to protect, ac-
quire, or develop water, water rights, or 
water infrastructure) within the State that 
first accrued at any time prior to the en-
forceability date; 
(iv) 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; 
(v) 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; 
(vi) claims for injury to water rights, 
including injury to rights to Colorado 
River water, arising after the enforceability 
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date for Hualapai land, resulting from the 
off-Reservation diversion or use of water in 
a manner not in violation of the Hualapai 
Tribe water rights settlement agreement or 
State law; and 
(vii) 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. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims described in subparagraph (A) 
shall take effect on the enforceability date. 
(C) RETENTION
OF
CLAIMS.—Notwith-
standing the waiver and release of claims de-
scribed in subparagraph (A), the Hualapai 
Tribe and the members of the Hualapai Tribe 
(but not members in the capacity of the mem-
bers 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, 
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and seek enforcement of, the rights of the 
Tribe under the Hualapai Tribe water 
rights settlement agreement or this Act in 
any Federal or State court of competent 
jurisdiction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
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; 
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pamtmann on DSKBFK8HB2PROD with BILLS
(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; and 
(vii) subject to paragraphs (1), (3), 
(4), and (5) of section 5(e), to assert the 
rights of the Hualapai Tribe under any 
Colorado River water entitlement pur-
chased by or donated to the Hualapai 
Tribe. 
(b) WAIVERS AND RELEASES OF CLAIMS BY UNITED 
STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
the allottees of the Hualapai Tribe, as part of the 
performance of the obligations of the United States 
under the Hualapai Tribe water rights settlement 
agreement and this Act, is authorized to execute a 
waiver and release of any claims against the State 
(or any agency or political subdivision of the State), 
the Hualapai Tribe, and any other individual, entity, 
corporation, or municipal corporation under Federal, 
State, or other law, for all— 
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pamtmann on DSKBFK8HB2PROD with BILLS
(A) past, present, and future claims for 
water rights, including rights to Colorado River 
water, for the allotments, arising from time im-
memorial and, thereafter, forever; 
(B) past, present, and future claims for 
water rights, including rights to Colorado River 
water, arising from time immemorial and, 
thereafter, forever, that are based on the ab-
original occupancy of land by the allottees or 
predecessors of the allottees; 
(C) past and present claims for injury to 
water rights, including injury to rights to Colo-
rado River water, for the allotments, arising 
from time immemorial through the enforce-
ability date; 
(D) past, present, and future claims for in-
jury to water rights, if any, including injury to 
rights to Colorado River water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
by the allottees or predecessors of the allottees; 
(E) claims for injury to water rights, in-
cluding injury to rights to Colorado River 
water, arising after the enforceability date, for 
the allotments, resulting from the off-Reserva-
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pamtmann on DSKBFK8HB2PROD with BILLS
tion diversion or use of water in a manner not 
in violation of the Hualapai Tribe water rights 
settlement agreement or State law; 
(F) past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement, or this Act; and 
(G) claims for any water rights of the 
allottees or the United States acting as trustee 
for the allottees with respect to— 
(i) Parcel 1, in excess of 82 AFY; or 
(ii) Parcel 2, in excess of 312 AFY. 
(2) EFFECTIVE DATE.—The waiver and release 
of claims under subparagraph (A) shall take effect 
on the enforceability date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States, acting as trustee for 
the allottees of the Hualapai Tribe, shall retain any 
right— 
(A) subject to subparagraph 12.7 of the 
Hualapai Tribe water rights settlement agree-
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ment, to assert claims for injuries to, and seek 
enforcement of, the rights of the allottees, if 
any, under the Hualapai Tribe water rights set-
tlement agreement or this Act in any Federal or 
State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement; 
(C) to object to any claims for water rights 
or injury to water rights by or for— 
(i) any Indian tribe other than the 
Hualapai Tribe; or 
(ii) the United States, acting on be-
half of any Indian tribe other than the 
Hualapai Tribe; 
(D) to assert past, present, or future 
claims for injury to water rights against— 
(i) any Indian tribe other than the 
Hualapai Tribe; or 
(ii) the United States, acting on be-
half of any Indian tribe other than the 
Hualapai Tribe; and 
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(E) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under the Bill Williams agreements or the Bill 
Williams Act in any Federal or State court of 
competent jurisdiction. 
(c) WAIVER AND RELEASE OF CLAIMS BY UNITED 
STATES AGAINST HUALAPAI TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian tribe other than the 
Hualapai Tribe), as part of the performance of the 
obligations of the United States under the Hualapai 
Tribe water rights settlement agreement and this 
Act, is authorized to execute a waiver and release of 
all claims against the Hualapai Tribe, the members 
of the Hualapai Tribe, or any agency, official, or 
employee of the Hualapai Tribe, under Federal, 
State or any other law for all— 
(A) past and present claims for injury to 
water rights, including injury to rights to Colo-
rado River water, resulting from the diversion 
or use of water on Hualapai land arising from 
time immemorial through the enforceability 
date; 
VerDate Sep 11 2014 
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(B) claims for injury to water rights, in-
cluding injury to rights to Colorado River 
water, arising after the enforceability date, re-
sulting from the diversion or use of water on 
Hualapai land in a manner that is not in viola-
tion of the Hualapai Tribe water rights settle-
ment agreement or State law; and 
(C) past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement, or this Act. 
(2) EFFECTIVE DATE.—The waiver and release 
of claims described in paragraph (1) shall take effect 
on the enforceability date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States shall retain any right 
to assert any claim not expressly waived in accord-
ance with paragraph (1), including any right to as-
sert a claim for injury to, and seek enforcement of, 
any right of the United States under the Bill Wil-
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pamtmann on DSKBFK8HB2PROD with BILLS
liams agreements or the Bill Williams Act, in any 
Federal or State court of competent jurisdiction. 
(d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS 
SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE-
TENTION OF CLAIMS.— 
(1) CLAIMS AGAINST FREEPORT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the United States, acting 
solely on behalf of the Department of the Inte-
rior (including the Bureau of Land Manage-
ment and the United States Fish and Wildlife 
Service), as part of the performance of the obli-
gations of the United States under the Bill Wil-
liams River phase 2 water rights settlement 
agreement, is authorized to execute a waiver 
and release of all claims of the United States 
against Freeport under Federal, State, or any 
other law for— 
(i) any past or present claim for in-
jury to water rights resulting from— 
(I) the diversion or use of water 
by Freeport pursuant to the water 
rights described in Exhibit 4.1(ii) to 
the Bill Williams River phase 2 water 
rights settlement agreement; and 
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pamtmann on DSKBFK8HB2PROD with BILLS
(II) any other diversion or use of 
water for mining purposes authorized 
by the Bill Williams River phase 2 
water rights settlement agreement; 
(ii) any claim for injury to water 
rights arising after the enforceability date 
described in section 12(d) resulting from— 
(I) the diversion or use of water 
by Freeport pursuant to the water 
rights described in Exhibit 4.1(ii) to 
the Bill Williams River phase 2 water 
rights settlement agreement in a man-
ner not in violation of the Bill Wil-
liams River phase 2 water rights set-
tlement agreement; 
(II) the diversion of up to 2,500 
AFY of water by Freeport from Syca-
more Creek as permitted by section 
4.3(iv) of the Bill Williams River 
phase 2 water rights settlement agree-
ment; and 
(III) any other diversion or use 
of water by Freeport authorized by 
the Bill Williams River phase 2 water 
rights settlement agreement, subject 
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to the condition that such a diversion 
and use of water is conducted in a 
manner not in violation of the Bill 
Williams River phase 2 water rights 
settlement agreement; and 
(iii) any past, present, or future claim 
arising out of, or relating in any manner 
to, the negotiation or execution of the Bill 
Williams River phase 2 water rights settle-
ment agreement, the Hualapai Tribe water 
rights settlement agreement, or this Act. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
take effect on the enforceability date described 
in section 12(d). 
(C) RETENTION OF CLAIMS.—The United 
States shall retain all rights not expressly 
waived in the waiver and release of claims 
under subparagraph (A), including, subject to 
section 6.4 of the Bill Williams River phase 2 
water rights settlement agreement, the right to 
assert a claim for injury to, and seek enforce-
ment of, the Bill Williams River phase 2 water 
rights settlement agreement or this Act, in any 
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Federal or State court of competent jurisdiction 
(but not a tribal court). 
(2) NO PRECEDENTIAL EFFECT.— 
(A) 
PENDING
AND
FUTURE
PRO-
CEEDINGS.—The Bill Williams River phase 2 
water rights settlement agreement shall have no 
precedential effect in any other administrative 
or judicial proceeding, including— 
(i) any pending or future general 
stream adjudication, or any other litigation 
involving Freeport or the United States, 
including any proceeding to establish or 
quantify a Federal reserved water right; 
(ii) any pending or future administra-
tive or judicial proceeding relating to an 
application— 
(I) to appropriate water (for 
instream flow or other purposes); 
(II) to sever and transfer a water 
right; 
(III) to change a point of diver-
sion; or 
(IV) to change a place of use for 
any water right; or 
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(iii) any proceeding regarding water 
rights or a claim relating to any Federal 
land. 
(B) NO METHODOLOGY OR STANDARD.— 
Nothing in the Bill Williams River phase 2 
water rights settlement agreement establishes 
any standard or methodology to be used for the 
quantification of any claim to water rights 
(whether based on Federal or State law) in any 
judicial or administrative proceeding, other than 
a proceeding to enforce the terms of the Bill 
Williams River phase 2 water rights settlement 
agreement. 
SEC. 8. SATISFACTION OF WATER RIGHTS AND OTHER BEN-
EFITS. 
(a) HUALAPAI TRIBE AND MEMBERS.— 
(1) IN GENERAL.—The benefits realized by the 
Hualapai Tribe and the members of the Hualapai 
Tribe (but not members in the capacity of the mem-
bers as allottees) under the Hualapai Tribe water 
rights settlement agreement, this Act, the Bill Wil-
liams agreements, and the Bill Williams Act shall be 
in full satisfaction of all claims of the Hualapai 
Tribe, the members of the Hualapai Tribe, and the 
United States, acting in the capacity of the United 
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States as trustee for the Hualapai Tribe and the 
members of the Hualapai Tribe, for water rights and 
injury to water rights under Federal, State, or other 
law with respect to Hualapai land. 
(2) SATISFACTION.—Any entitlement to water 
of the Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capacity of 
the members as allottees) or the United States, act-
ing in the capacity of the United States as trustee 
for the Hualapai Tribe and the members of the 
Hualapai Tribe, for Hualapai land shall be satisfied 
out of the water resources and other benefits grant-
ed, confirmed, quantified, or recognized by the 
Hualapai Tribe water rights settlement agreement, 
this Act, the Bill Williams agreements, and the Bill 
Williams Act to or for the Hualapai Tribe, the mem-
bers of the Hualapai Tribe, and the United States, 
acting in the capacity of the United States as trust-
ee for the Hualapai Tribe and the members of the 
Hualapai Tribe. 
(b) ALLOTTEE WATER CLAIMS.— 
(1) IN GENERAL.—The benefits realized by the 
allottees of the Hualapai Tribe under the Hualapai 
Tribe water rights settlement agreement, this Act, 
the Bill Williams agreements, and the Bill Williams 
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Act shall be in complete replacement of and substi-
tution for, and full satisfaction of, all claims with re-
spect to allotments of the allottees and the United 
States, acting in the capacity of the United States 
as trustee for the allottees, for water rights and in-
jury to water rights under Federal, State, or other 
law. 
(2) SATISFACTION.—Any entitlement to water 
of the allottees or the United States, acting in the 
capacity of the United States as trustee for the 
allottees, for allotments shall be satisfied out of the 
water resources and other benefits granted, con-
firmed or recognized by the Hualapai Tribe water 
rights settlement agreement, this Act, the Bill Wil-
liams agreements, and the Bill Williams Act to or 
for the allottees and the United States, acting as 
trustee for the allottees. 
(c) EFFECT.—Notwithstanding subsections (a) and 
(b), nothing in this Act or the Hualapai Tribe water rights 
settlement agreement— 
(1) recognizes or establishes any right of a 
member of the Hualapai Tribe or an allottee to 
water on Hualapai land; or 
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(2) prohibits the Hualapai Tribe or an allottee 
from acquiring additional water rights by purchase 
of land, credits, or water rights. 
SEC. 9. LAND ADDED TO HUALAPAI RESERVATION. 
The following land in the State is added to the 
Hualapai Reservation: 
(1) The land held in trust by the United States 
for the Hualapai Tribe by the first section of Public 
Law 93–560 (88 Stat. 1820). 
(2) The land deeded to the United States in the 
capacity of the United States as trustee for the 
Hualapai Tribe pursuant to the 1947 judgment. 
SEC. 10. TRUST LAND. 
(a) NEW TRUST LAND.—Beginning on the date of 
enactment of this Act, the Secretary shall accept the con-
veyance of, and hold in trust for the benefit of the 
Hualapai Tribe, the following parcels of land owned in fee 
as of that date of enactment by the Hualapai Tribe: 
(1) CHOLLA CANYON RANCH PARCELS.—In T. 
16 N., R. 13 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona— 
(A) SW1⁄4 sec. 25; and 
(B) NE1⁄4 and NE1⁄4SE1⁄4 sec. 35. 
(2) TRUXTON TRIANGLE.—That portion of the 
S1⁄2 sec. 3, lying south of the south boundary of the 
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Hualapai Reservation and north of the north right- 
of-way boundary of Arizona Highway 66, and 
bounded by the west section line of that sec. 3 and 
the south section line of that sec. 3, T. 24 N., R. 
12 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona. 
(3) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 
25 N., R. 13 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(4) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 
14 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) NE1⁄4SW1⁄4 sec. 9; and 
(B) NW1⁄4SE 1⁄4 sec. 27. 
(5) HUNT PARCEL 3.—SW1⁄4NE1⁄4 sec. 25, T. 
27 N., R. 15 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(b) FUTURE TRUST LAND.— 
(1) NEW STATUTORY REQUIREMENT.—Effective 
beginning on the date of enactment of this Act, any 
land located in the State outside the exterior bound-
aries of the Hualapai Reservation may only be taken 
into trust by the United States for the benefit of the 
Hualapai Tribe by an Act of Congress— 
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(A) that specifically authorizes the transfer 
of the land for the benefit of the Hualapai 
Tribe; and 
(B) the date of enactment of which is after 
the date of enactment of this Act. 
(2) WATER RIGHTS.—Any land taken into trust 
for the benefit of the Hualapai Tribe under para-
graph (1)— 
(A) shall include water rights only under 
State law; and 
(B) shall not include any federally reserved 
water rights. 
SEC. 11. REALLOCATION OF CAP NIA PRIORITY WATER; 
FIRMING; WATER DELIVERY CONTRACT; COL-
ORADO RIVER ACCOUNTING. 
(a) REALLOCATION TO THE HUALAPAI TRIBE.—On 
the enforceability date, the Secretary shall reallocate to 
the Hualapai Tribe the Hualapai Tribe CAP water. 
(b) FIRMING.— 
(1) HUALAPAI TRIBE CAP WATER.—Except as 
provided in subsection (c)(2)(H), the Hualapai Tribe 
CAP water shall be firmed as follows: 
(A) 
In 
accordance 
with 
section 
105(b)(1)(B) of the Arizona Water Settlements 
Act (Public Law 108–451; 118 Stat. 3492), for 
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the 100-year period beginning on January 1, 
2008, the Secretary shall firm 557.50 AFY of 
the Hualapai Tribe CAP water to the equiva-
lent of CAP M&I priority water. 
(B) 
In 
accordance 
with 
section 
105(b)(2)(B) of the Arizona Water Settlements 
Act (Public Law 108–451; 118 Stat. 3492), for 
the 100-year period beginning on January 1, 
2008, the State shall firm 557.50 AFY of the 
Hualapai Tribe CAP water to the equivalent of 
CAP M&I priority water. 
(2) 
ADDITIONAL
FIRMING.—The 
Hualapai 
Tribe may, at the expense of the Hualapai Tribe, 
take additional actions to firm or supplement the 
Hualapai Tribe CAP water, including by entering 
into agreements for that purpose with the Central 
Arizona Water Conservation District, the Arizona 
Water Banking Authority, or any other lawful au-
thority, in accordance with State law. 
(c) HUALAPAI
TRIBE
WATER
DELIVERY
CON-
TRACT.— 
(1) IN
GENERAL.—In accordance with the 
Hualapai Tribe water rights settlement agreement 
and the requirements described in paragraph (2), 
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the Secretary shall enter into the Hualapai Tribe 
water delivery contract. 
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following: 
(A) IN
GENERAL.—The Hualapai Tribe 
water delivery contract shall— 
(i) be for permanent service (as that 
term is used in section 5 of the Boulder 
Canyon Project Act (43 U.S.C. 617d)); 
(ii) take effect on the enforceability 
date; and 
(iii) be without limit as to term. 
(B) HUALAPAI TRIBE CAP WATER.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe CAP water may be delivered for use 
in the lower basin in Arizona through— 
(I) the Hualapai Water Project; 
or 
(II) the CAP system. 
(ii) METHOD
OF
DELIVERY.—The 
Secretary shall authorize the delivery of 
Hualapai Tribe CAP water under this 
clause to be effected by the diversion and 
use of water directly from the Colorado 
River in Arizona. 
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(C) CONTRACTUAL DELIVERY.—The Sec-
retary shall deliver the Hualapai Tribe CAP 
water to the Hualapai Tribe in accordance with 
the terms and conditions of the Hualapai Tribe 
water delivery contract. 
(D) DISTRIBUTION OF CAP NIA PRIORITY 
WATER.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), if, for any year, the available 
CAP supply is insufficient to meet all de-
mands under CAP contracts and CAP sub-
contracts for the delivery of CAP NIA pri-
ority water, the Secretary and the CAP op-
erating agency shall prorate the available 
CAP NIA priority water among the CAP 
contractors and CAP subcontractors hold-
ing contractual entitlements to CAP NIA 
priority water on the basis of the quantity 
of CAP NIA priority water used by each 
such CAP contractor and CAP subcon-
tractor in the last year in which the avail-
able CAP supply was sufficient to fill all 
orders for CAP NIA priority water. 
(ii) EXCEPTION.— 
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(I) 
IN
GENERAL.—Notwith-
standing clause (i), if the available 
CAP supply is insufficient to meet all 
demands under CAP contracts and 
CAP subcontracts for the delivery of 
CAP NIA priority water in the year 
following the year in which the en-
forceability date occurs, the Secretary 
shall assume that the Hualapai Tribe 
used the full volume of Hualapai 
Tribe CAP water in the last year in 
which the available CAP supply was 
sufficient to fill all orders for CAP 
NIA priority water. 
(II) 
CONTINUATION.—The 
as-
sumption described in subclause (I) 
shall continue until the available CAP 
supply is sufficient to meet all de-
mands under CAP contracts and CAP 
subcontracts for the delivery of CAP 
NIA priority water. 
(III) 
DETERMINATION.—The 
Secretary shall determine the quantity 
of CAP NIA priority water used by 
the Gila River Indian Community and 
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the Tohono O’odham Nation in the 
last year in which the available CAP 
supply was sufficient to fill all orders 
for CAP NIA priority water in a man-
ner consistent with the settlement 
agreements with those tribes. 
(E) 
LEASES
AND
EXCHANGES
OF 
HUALAPAI TRIBE CAP WATER.—On and after 
the date on which the Hualapai Tribe water de-
livery contract becomes effective, the Hualapai 
Tribe may, with the approval of the Secretary, 
enter into contracts or options to lease, or con-
tracts or options to exchange, the Hualapai 
Tribe CAP water within the lower basin in Ari-
zona, providing for the temporary delivery to 
other persons of any portion of Hualapai Tribe 
CAP water. 
(F) TERM OF LEASES AND EXCHANGES.— 
(i) LEASING.—Contracts to lease and 
options to lease under subparagraph (E) 
shall be for a term of not more than 100 
years. 
(ii) EXCHANGING.—Contracts to ex-
change and options to exchange under sub-
paragraph (E) shall be for the term pro-
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vided for in the contract or option, as ap-
plicable. 
(iii) RENEGOTIATION.—The Hualapai 
Tribe may, with the approval of the Sec-
retary, renegotiate any lease described in 
subparagraph (E), at any time during the 
term of the lease, if the term of the re-
negotiated lease does not exceed 100 years. 
(G) PROHIBITION ON PERMANENT ALIEN-
ATION.—No Hualapai Tribe CAP water may be 
permanently alienated. 
(H) NO
FIRMING
OF
LEASED
WATER.— 
The firming obligations described in subsection 
(b)(1) shall not apply to any Hualapai Tribe 
CAP water leased by the Hualapai Tribe to an-
other person. 
(I) ENTITLEMENT
TO
LEASE
AND
EX-
CHANGE
FUNDS; 
OBLIGATIONS
OF
UNITED 
STATES.— 
(i) ENTITLEMENT.— 
(I) IN GENERAL.—The Hualapai 
Tribe shall be entitled to all consider-
ation due to the Hualapai Tribe under 
any contract to lease, option to lease, 
contract to exchange, or option to ex-
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change the Hualapai Tribe CAP water 
entered into by the Hualapai Tribe. 
(II) EXCLUSION.—The United 
States shall not, in any capacity, be 
entitled to the consideration described 
in subclause (I). 
(ii) 
OBLIGATIONS
OF
UNITED 
STATES.—The United States shall not, in 
any capacity, have any trust or other obli-
gation to monitor, administer, or account 
for, in any manner, any funds received by 
the Hualapai Tribe as consideration under 
any contract to lease, option to lease, con-
tract exchange, or option to exchange the 
Hualapai Tribe CAP water entered into by 
the Hualapai Tribe, except in a case in 
which the Hualapai Tribe deposits the pro-
ceeds of any lease, option to lease, ex-
change, or option to exchange into an ac-
count held in trust for the Hualapai Tribe 
by the United States. 
(J) WATER USE AND STORAGE.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may use the Hualapai Tribe CAP 
water on or off the Hualapai Reservation 
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within the lower basin in Arizona for any 
purpose. 
(ii) STORAGE.—The Hualapai Tribe, 
in accordance with State law, may store 
the Hualapai Tribe CAP water at one or 
more underground storage facilities or 
groundwater savings facilities, subject to 
the condition that, if the Hualapai Tribe 
stores Hualapai Tribe CAP water that has 
been firmed pursuant to subsection (b)(1), 
the stored water may only be— 
(I) used by the Hualapai Tribe; 
or 
(II) exchanged by the Hualapai 
Tribe for water that will be used by 
the Hualapai Tribe. 
(iii) 
ASSIGNMENT.—The 
Hualapai 
Tribe, in accordance with State law, may 
assign any long-term storage credit ac-
crued as a result of storage described in 
clause (ii), subject to the condition that the 
Hualapai Tribe shall not assign any long- 
term storage credit accrued as a result of 
the storage of Hualapai Tribe CAP water 
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that has been firmed pursuant to sub-
section (b)(1). 
(K) USE OUTSIDE STATE.—The Hualapai 
Tribe may not use, lease, exchange, forbear, or 
otherwise transfer any Hualapai Tribe CAP 
water for use directly or indirectly outside of 
the lower basin in Arizona. 
(L) CAP FIXED OM&R CHARGES.— 
(i) IN GENERAL.—The CAP operating 
agency shall be paid the CAP fixed OM&R 
charges associated with the delivery of all 
the Hualapai Tribe CAP water. 
(ii) PAYMENT OF CHARGES.—Except 
as provided in subparagraph (O), all CAP 
fixed OM&R charges associated with the 
delivery of the Hualapai Tribe CAP water 
to the Hualapai Tribe shall be paid by— 
(I) the Secretary, pursuant to 
section 403(f)(2)(A) of the Colorado 
River Basin Project Act (43 U.S.C. 
1543(f)(2)(A)), subject to the condi-
tion that funds for that payment are 
available in the Lower Colorado River 
Basin Development Fund; and 
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derground storage facility or groundwater sav-
ings facility. 
(O) 
LESSEE
RESPONSIBILITY
FOR 
CHARGES.— 
(i) IN GENERAL.—Any lease or option 
to lease providing for the temporary deliv-
ery to other persons of any Hualapai Tribe 
CAP water shall require the lessee to pay 
the CAP operating agency all CAP fixed 
OM&R charges and all CAP pumping en-
ergy charges associated with the delivery of 
the leased water. 
(ii) NO
RESPONSIBILITY
FOR
PAY-
MENT.—Neither the Hualapai Tribe nor 
the United States in any capacity shall be 
responsible for the payment of any charges 
associated 
with 
the 
delivery 
of 
the 
Hualapai Tribe CAP water leased to other 
persons. 
(P) ADVANCE
PAYMENT.—No Hualapai 
Tribe CAP water shall be delivered unless the 
CAP fixed OM&R charges and any applicable 
CAP pumping energy charges associated with 
the delivery of that water have been paid in ad-
vance. 
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(Q) CALCULATION.—The charges for deliv-
ery of the Hualapai Tribe CAP water pursuant 
to the Hualapai Tribe water delivery contract 
shall be calculated in accordance with the CAP 
repayment stipulation. 
(R) CAP REPAYMENT.—For purposes of 
determining the allocation and repayment of 
costs of any stages of the CAP system con-
structed after November 21, 2007, the costs as-
sociated with the delivery of the Hualapai Tribe 
CAP water, regardless of whether the Hualapai 
Tribe CAP water is delivered for use by the 
Hualapai Tribe or in accordance with any lease, 
option to lease, exchange, or option to exchange 
providing for the delivery to other persons of 
the Hualapai Tribe CAP water, shall be— 
(i) nonreimbursable; and 
(ii) excluded from the repayment obli-
gation of the Central Arizona Water Con-
servation District. 
(S) NONREIMBURSABLE
CAP
CONSTRUC-
TION COSTS.— 
(i) IN GENERAL.—With respect to the 
costs associated with the construction of 
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the CAP system allocable to the Hualapai 
Tribe— 
(I) the costs shall be nonreim-
bursable; and 
(II) the Hualapai Tribe shall 
have no repayment obligation for the 
costs. 
(ii) CAPITAL
CHARGES.—No CAP 
water service capital charges shall be due 
or payable for the Hualapai Tribe CAP 
water, regardless of whether the water— 
(I) is delivered for use by the 
Hualapai Tribe; or 
(II) is delivered under any lease, 
option to lease, exchange, or option to 
exchange the Hualapai Tribe CAP 
water entered into by the Hualapai 
Tribe. 
(d) COLORADO RIVER ACCOUNTING.—All Hualapai 
Tribe CAP water diverted directly from the Colorado 
River shall be accounted for as deliveries of CAP water 
within the State. 
SEC. 12. ENFORCEABILITY DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(d), the Hualapai Tribe water rights settlement agree-
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ment, including the waivers and releases of claims de-
scribed in section 7, shall take effect and be fully enforce-
able, and construction of the Hualapai Water Project may 
begin, on the date on which the Secretary publishes in the 
Federal Register a statement of findings that— 
(1) to the extent that the Hualapai Tribe water 
rights settlement agreement conflicts with this Act— 
(A) the Hualapai Tribe water rights settle-
ment agreement has been revised through an 
amendment to eliminate the conflict; and 
(B) the revised Hualapai Tribe water 
rights settlement agreement, including any ex-
hibit to that agreement requiring execution by 
any party to the agreement, has been executed 
by the required party; 
(2) the waivers and releases of claims described 
in section 7 have been executed by the Hualapai 
Tribe and the United States; 
(3) the abstracts referenced in subparagraphs 
4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 
water rights settlement agreement have been com-
pleted by the Hualapai Tribe; 
(4) the full amount described in section 
6(b)(6)(A), as adjusted by section 6(b)(6)(B), has 
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been deposited in the Hualapai Water Project Ac-
count; 
(5) the full amount described in section 
6(c)(4)(A), as adjusted by section 6(c)(4)(B), has 
been deposited in the Hualapai OM&R Trust Ac-
count; 
(6) the full amounts described in paragraphs 
(5)(B)(i) and (7)(B)(i) of section 6(a) have been ap-
propriated; 
(7) the Gila River adjudication decree has been 
approved by the Gila River adjudication court sub-
stantially in the form of the judgment and decree at-
tached to the Hualapai Tribe water rights settlement 
agreement as exhibit 3.1.43; 
(8) the Secretary has executed the Hualapai 
Tribe water delivery contract described in section 
11(c); and 
(9) the Secretary has issued a final Record of 
Decision approving the construction of the Hualapai 
Water Project in a configuration substantially as de-
scribed in section 6. 
(b) REPEAL
ON FAILURE TO MEET ENFORCE-
ABILITY DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Secretary fails to publish in the 
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Federal Register a statement of findings under sub-
section (a) by April 15, 2029— 
(A) this Act is repealed; and 
(B)(i) any action taken by the Secretary 
and any contract or agreement entered into 
pursuant to this Act shall be void; and 
(ii) any amounts appropriated under sec-
tion 6, together with any investment earnings 
on those amounts, less any amounts expended 
under section 6(a)(9)(B), shall revert imme-
diately to the general fund of the Treasury. 
(2) 
SEVERABILITY.—Notwithstanding 
para-
graph (1), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by April 15, 2029, sections 9 and 10(a) 
shall remain in effect. 
(c) RIGHT TO OFFSET.—If the Secretary has not 
published in the Federal Register the statement of find-
ings under subsection (a) by April 15, 2029, the United 
States shall be entitled to offset any Federal amounts 
made available under section 6(a)(9) that were used or 
authorized for any use under that subsection against any 
claim asserted by the Hualapai Tribe against the United 
States described in section 7(a)(2)(A). 
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(d) ENFORCEABILITY DATE
FOR BILL WILLIAMS 
RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREE-
MENT.—Notwithstanding any other provision of this Act, 
the Bill Williams River phase 2 water rights settlement 
agreement (including the waivers and releases described 
in section 7(d) of this Act and section 5 of the Bill Wil-
liams River phase 2 water rights settlement agreement) 
shall take effect and become enforceable among the parties 
to the Bill Williams River phase 2 water rights settlement 
agreement on the date on which all of the following condi-
tions have occurred: 
(1) The Hualapai Tribe water rights settlement 
agreement becomes enforceable pursuant to sub-
section (a). 
(2) Freeport has submitted to the Arizona De-
partment of Water Resources a conditional with-
drawal of any objection to the Bill Williams River 
watershed instream flow applications pursuant to 
section 4.4(i) of the Bill Williams River phase 2 
water rights settlement agreement, which withdrawal 
shall take effect on the enforceability date described 
in this subsection. 
(3) Not later than the enforceability date de-
scribed in subsection (a), the Arizona Department of 
Water Resources has issued an appealable, condi-
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tional decision and order for the Bill Williams River 
watershed instream flow applications pursuant to 
section 4.4(iii) of the Bill Williams River phase 2 
water rights settlement agreement, which order shall 
become nonconditional and effective on the enforce-
ability date described in this subsection. 
(4) The conditional decision and order de-
scribed in paragraph (3)— 
(A) becomes final; and 
(B) is not subject to any further appeal. 
SEC. 13. ADMINISTRATION. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
(1) WAIVER.— 
(A) IN
GENERAL.—In any circumstance 
described in paragraph (2)— 
(i) the United States or the Hualapai 
Tribe may be joined in the action described 
in the applicable subparagraph of that 
paragraph; and 
(ii) subject to subparagraph (B), any 
claim by the United States or the Hualapai 
Tribe to sovereign immunity from the ac-
tion is waived. 
(B) LIMITATION.—A waiver under sub-
paragraph (A)(ii)— 
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(i) shall only be for the limited and 
sole purpose of the interpretation or en-
forcement of— 
(I) this Act; 
(II) the Hualapai Tribe water 
rights settlement agreement; or 
(III) in accordance with para-
graph (2)(D)— 
(aa) the Bill Williams Act; 
or 
(bb) the Bill Williams agree-
ments; and 
(ii) shall not include any award 
against the Hualapai Tribe for money 
damages, court costs, or attorneys fees. 
(2) 
CIRCUMSTANCES
DESCRIBED.—A 
cir-
cumstance referred to in paragraph (1)(A) is any of 
the following: 
(A) Any party to the Hualapai Tribe water 
rights settlement agreement— 
(i) brings an action in any Federal or 
State court relating only and directly to 
the interpretation or enforcement of— 
(I) this Act; or 
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(II) the Hualapai Tribe water 
rights settlement agreement; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(B) Any landowner or water user in the 
Verde River Watershed or the Colorado River 
basin within the State of Arizona— 
(i) brings an action in any Federal or 
State court relating only and directly to 
the interpretation or enforcement of— 
(I) 
paragraph 
10.0 
of 
the 
Hualapai Tribe water rights settle-
ment agreement; or 
(II) section 7; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(C) The State of California or the State of 
Nevada— 
(i) brings an action in any Federal or 
State court relating only and directly to 
the interpretation or enforcement of a pro-
vision relating to the Colorado River 
under— 
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(I) 
paragraph 
10.0 
of 
the 
Hualapai Tribe water rights settle-
ment agreement; or 
(II) section 7; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(D) Any party to the Bill Williams agree-
ments— 
(i) brings an action in any Federal or 
State court relating only and directly to 
the interpretation or enforcement of— 
(I) the Bill Williams Act; or 
(II) the Bill Williams agree-
ments; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(b) ANTIDEFICIENCY.—Notwithstanding any author-
ization of appropriations to carry out this Act, the United 
States shall not be liable for any failure of the United 
States to carry out any obligation or activity authorized 
by this Act (including all titles and all agreements or ex-
hibits ratified or confirmed by this Act) if— 
(1) adequate appropriations are not provided 
expressly by Congress to carry out the purposes of 
this Act; or 
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(2) there are not enough monies available to 
carry out this Act in the Lower Colorado River 
Basin Development Fund established by section 
403(a) of the Colorado River Basin Project Act (43 
U.S.C. 1543(a)). 
(c) APPLICATION OF RECLAMATION REFORM ACT OF 
1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 
390aa et seq.) and any other acreage limitation or full- 
cost pricing provision of Federal law shall not apply to 
any person, entity, or tract of land solely on the basis of— 
(1) receipt of any benefit under this Act; 
(2) execution or performance of this Act; or 
(3) the use, storage, delivery, lease, or exchange 
of CAP water. 
(d) EFFECT.— 
(1) 
DEFINITION
OF
COLORADO
RIVER 
WATER.—The definition of ‘‘Colorado River water’’ 
contained in section 3, or in any provision of the 
Hualapai Tribe water rights settlement agreement— 
(A) shall only be used for purposes of in-
terpreting this Act or the Hualapai Tribe water 
rights settlement agreement, as applicable; and 
(B) shall not be used for any interpreta-
tion of any other applicable provision of Federal 
law, including— 
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(i) the Colorado River Compact; 
(ii) section 5 of the Boulder Canyon 
Project Act (43 U.S.C. 617d); 
(iii) the Colorado River Basin Project 
Act (Public Law 90–537; 82 Stat. 885); 
and 
(iv) any contract or agreement en-
tered into pursuant a law described in 
clause (i), (ii), or (iii). 
(2) NO
MODIFICATION
OR
PREEMPTION
OF 
OTHER LAW.—Unless expressly provided in this Act, 
nothing in this Act modifies, conflicts with, pre-
empts, or otherwise affects— 
(A) the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.); 
(B) the Boulder Canyon Project Adjust-
ment Act (43 U.S.C. 618 et seq.); 
(C) the Act of April 11, 1956 (commonly 
known as the ‘‘Colorado River Storage Project 
Act’’ (43 U.S.C. 620 et seq.)); 
(D) the Colorado River Basin Project Act 
(Public Law 90–537; 82 Stat. 885); 
(E) the Treaty between the United States 
of America and Mexico respecting utilization of 
waters of the Colorado and Tijuana Rivers and 
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of the Rio Grande, signed at Washington Feb-
ruary 3, 1944 (59 Stat. 1219); 
(F) the Colorado River Compact; 
(G) the Upper Colorado River Basin Com-
pact; 
(H) the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 
Stat. 991); or 
(I) case law concerning water rights in the 
Colorado River system other than any case to 
enforce the Hualapai Tribe water rights settle-
ment agreement or this Act. 
(3) EFFECT ON AGREEMENTS.—Nothing in this 
Act or the Hualapai Tribe water rights settlement 
agreement limits the right of the Hualapai Tribe to 
enter into any agreement for the storage or banking 
of water in accordance with State law with— 
(A) the Arizona Water Banking Authority 
(or a successor agency or entity); or 
(B) any other lawful authority. 
(4) EFFECT OF ACT.—Nothing in this Act— 
(A) quantifies or otherwise affects the 
water rights, claims, or entitlements to water of 
any Indian tribe, nation, band, or community, 
other than the Hualapai Tribe; 
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(B) affects the ability of the United States 
to take action on behalf of any Indian tribe, na-
tion, band, or community, other than the 
Hualapai Tribe, the members of the Hualapai 
Tribe, and the allottees; or 
(C) limits the right of the Hualapai Tribe 
to use any water of the Hualapai Tribe in any 
location on the Hualapai Reservation. 
Æ 
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