Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Ari-
zona Water Settlements Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Arbitration. 
Sec. 4. Antideficiency. 
TITLE I—CENTRAL ARIZONA PROJECT SETTLEMENT 
Sec. 101. Short title. 
Sec. 102. Findings. 
Sec. 103. General permissible uses of the Central Arizona Project. 
Sec. 104. Allocation of Central Arizona Project water. 
Sec. 105. Firming of Central Arizona Project Indian water. 
Sec. 106. Acquisition of agricultural priority water. 
Sec. 107. Lower Colorado River Basin Development Fund. 
Sec. 108. Effect. 
Sec. 109. Repeal. 
Sec. 110. Authorization of appropriations. 
Sec. 111. Repeal on failure of enforceability date under title II. 
TITLE II—GILA RIVER INDIAN COMMUNITY WATER RIGHTS 
SETTLEMENT 
Sec. 201. Short title. 
Sec. 202. Purposes. 
Sec. 203. Approval of the Gila River Indian Community Water Rights Settlement 
Agreement. 
Sec. 204. Water rights. 
Sec. 205. Community water delivery contract amendments. 
Sec. 206. Satisfaction of claims. 
Sec. 207. Waiver and release of claims. 
Sec. 208. Gila River Indian Community Water OM&R Trust Fund. 
Sec. 209. Subsidence remediation program. 
Sec. 210. After-acquired trust land. 
Sec. 211. Reduction of water rights. 
Sec. 212. New Mexico Unit of the Central Arizona Project. 
Sec. 213. Miscellaneous provisions. 
Sec. 214. Authorization of appropriations. 
Sec. 215. Repeal on failure of enforceability date.
TITLE III—SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT 
Sec. 301. Southern Arizona water rights settlement. 
Sec. 302. Southern Arizona water rights settlement effective date. 
TITLE IV—SAN CARLOS APACHE TRIBE WATER RIGHTS 
SETTLEMENT 
Sec. 401. Effect of titles I, II, and III. 
Sec. 402. Annual report. 
Sec. 403. Authorization of appropriations.
SEC. 2. DEFINITIONS. 
In titles I and II: 
(1) ACRE-FEET.—The term ‘‘acre-feet’’ means 
acre-feet per year. 
(2) AFTER-ACQUIRED TRUST LAND.—The term 
‘‘after-acquired trust land’’ means land that— 
(A) is located— 
(i) within the State; but 
(ii) outside the exterior boundaries of 
the Reservation; and 
(B) is taken into trust by the United States 
for the benefit of the Community after the en-
forceability date. 
(3) AGRICULTURAL PRIORITY WATER.—The term 
‘‘agricultural priority water’’ means Central Arizona 
Project non-Indian agricultural priority water, as de-
fined in the Gila River agreement. 
(4) ALLOTTEE.—The term ‘‘allottee’’ means a 
person who holds a beneficial real property interest in 
an Indian allotment that is—
(A) located within the Reservation; and 
(B) held in trust by the United States. 
(5) ARIZONA INDIAN TRIBE.—The term ‘‘Arizona 
Indian tribe’’ means an Indian tribe (as defined in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) that is lo-
cated in the State. 
(6) ASARCO.—The term ‘‘Asarco’’ means Asarco 
Incorporated, a New Jersey corporation of that name, 
and its subsidiaries operating mining operations in 
the State. 
(7) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’ means a person or entity that has entered 
into a long-term contract (as that term is used in the 
repayment stipulation) with the United States for de-
livery of water through the CAP system. 
(8) CAP OPERATING AGENCY.—The term ‘‘CAP 
operating agency’’ means the entity or entities au-
thorized to assume responsibility for the care, oper-
ation, maintenance, and replacement of the CAP sys-
tem. 
(9) CAP REPAYMENT CONTRACT.— 
(A) IN GENERAL.—The term ‘‘CAP repay-
ment contract’’ means the contract dated Decem-
ber 1, 1988 (Contract No. 14–0906–09W–09245,
Amendment No. 1) between the United States 
and the Central Arizona Water Conservation 
District for the delivery of water and the repay-
ment of costs of the Central Arizona Project. 
(B) INCLUSIONS.—The term ‘‘CAP repay-
ment contract’’ includes all amendments to and 
revisions of that contract. 
(10) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means a person or entity that has en-
tered into a long-term subcontract (as that term is 
used in the repayment stipulation) with the United 
States and the Central Arizona Water Conservation 
District for the delivery of water through the CAP 
system. 
(11) CAP SYSTEM.—The term ‘‘CAP system’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) the pumping plants and appurtenant 
works of the Central Arizona Project aqueduct 
system that are associated with the features de-
scribed in subparagraphs (A) through (D); and
(F) any extensions of, additions to, or re-
placements for the features described in subpara-
graphs (A) through (E). 
(12) 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.). 
(13) 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 repay-
ment contract. 
(14) CITIES.—The term ‘‘Cities’’ means the cities 
of Chandler, Glendale, Goodyear, Mesa, Peoria, Phoe-
nix, and Scottsdale, Arizona. 
(15) 
COMMUNITY.—The 
term 
‘‘Community’’ 
means the Gila River Indian Community, a govern-
ment composed of members of the Pima Tribe and the 
Maricopa Tribe and organized under section 16 of the 
Act of June 18, 1934 (25 U.S.C. 476). 
(16) COMMUNITY CAP WATER.—The term ‘‘Com-
munity CAP water’’ means water to which the Com-
munity is entitled under the Community water deliv-
ery contract.
(17) COMMUNITY REPAYMENT CONTRACT.— 
(A) IN GENERAL.—The term ‘‘Community 
repayment contract’’ means Contract No. 6– 
0907–0903–09W0345 between the United States 
and the Community dated July 20, 1998, pro-
viding for the construction of water delivery fa-
cilities on the Reservation. 
(B) INCLUSIONS.—The term ‘‘Community 
repayment contract’’ includes any amendments 
to the contract described in subparagraph (A). 
(18) COMMUNITY WATER DELIVERY CONTRACT.— 
(A) IN GENERAL.—The term ‘‘Community 
water delivery contract’’ means Contract No. 3– 
0907–0930–09W0284 between the Community 
and the United States dated October 22, 1992. 
(B) INCLUSIONS.—The term ‘‘Community 
water delivery contract’’ includes any amend-
ments to the contract described in subparagraph 
(A). 
(19) CRR PROJECT WORKS.— 
(A) IN GENERAL.—The term ‘‘CRR project 
works’’ means the portions of the San Carlos Ir-
rigation Project located on the Reservation. 
(B) INCLUSION.—The term ‘‘CRR Project 
works’’ includes the portion of the San Carlos Ir-
rigation Project known as the ‘‘Southside 
Canal’’, from the point at which the Southside 
Canal connects with the Pima Canal to the 
boundary of the Reservation. 
(20) DIRECTOR.—The term ‘‘Director’’ means— 
(A) the Director of the Arizona Department 
of Water Resources; or 
(B) with respect to an action to be carried 
out under this title, a State official or agency 
designated by the Governor or the State legisla-
ture. 
(21) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the statement 
of findings described in section 207(c). 
(22) FEE LAND.—The term ‘‘fee land’’ means 
land, other than off-Reservation trust land, owned by 
the Community outside the exterior boundaries of the 
Reservation as of December 31, 2002. 
(23) FIXED
OM&R
CHARGE.—The term ‘‘fixed 
OM&R charge’’ has the meaning given the term in the 
repayment stipulation. 
(24) FRANKLIN IRRIGATION DISTRICT.—The term 
‘‘Franklin Irrigation District’’ means the entity of
that name that is a political subdivision of the State 
and organized under the laws of the State. 
(25) 
GILA
RIVER
ADJUDICATION
PRO-
CEEDINGS.—The term ‘‘Gila River adjudication pro-
ceedings’’ means the action pending in the Superior 
Court of the State of Arizona in and for the County 
of Maricopa styled ‘‘In Re the General Adjudication 
of All Rights To Use Water In The Gila River System 
and Source’’ W–091 (Salt), W–092 (Verde), W–093 
(Upper Gila), W–094 (San Pedro) (Consolidated). 
(26) GILA RIVER AGREEMENT.— 
(A) IN GENERAL.—The term ‘‘Gila River 
agreement’’ means the agreement entitled the 
‘‘Gila River Indian Community Water Rights 
Settlement Agreement’’, dated February 4, 2003. 
(B) INCLUSIONS.—The term ‘‘Gila River 
agreement’’ includes— 
(i) all exhibits to that agreement (in-
cluding the New Mexico Risk Allocation 
Agreement, which is also an exhibit to the 
UVD Agreement); and 
(ii) any amendment to that agreement 
or to an exhibit to that agreement made or 
added pursuant to that agreement consistent
with section 203(a) or as approved by the 
Secretary. 
(27) GILA VALLEY IRRIGATION DISTRICT.—The 
term ‘‘Gila Valley Irrigation District’’ means the en-
tity of that name that is a political subdivision of the 
State and organized under the laws of the State. 
(28) GLOBE EQUITY DECREE.— 
(A) IN GENERAL.—The term ‘‘Globe Equity 
Decree’’ means the decree dated June 29, 1935, 
entered in United States of America v. Gila Val-
ley Irrigation District, Globe Equity No. 59, et 
al., by the United States District Court for the 
District of Arizona. 
(B) INCLUSIONS.—The term ‘‘Globe Equity 
Decree’’ includes all court orders and decisions 
supplemental to that decree. 
(29) HAGGARD DECREE.— 
(A) IN GENERAL.—The term ‘‘Haggard De-
cree’’ means the decree dated June 11, 1903, en-
tered in United States of America, as guardian 
of Chief Charley Juan Saul and Cyrus Sam, 
Maricopa Indians and 400 other Maricopa Indi-
ans similarly situated v. Haggard, et al., Cause 
No. 19, in the District Court for the Third Judi-
cial District of the Territory of Arizona, in and 
for the County of Maricopa. 
(B) INCLUSIONS.—The term ‘‘Haggard De-
cree’’ includes all court orders and decisions sup-
plemental to that decree. 
(30) INCLUDING.—The term ‘‘including’’ has the 
same meaning as the term ‘‘including, but not limited 
to’’. 
(31) INJURY TO WATER QUALITY.—The term ‘‘in-
jury to water quality’’ means any contamination, 
diminution, or deprivation of water quality under 
Federal, State, or other law. 
(32) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means an interference with, dimi-
nution of, or deprivation of water rights under 
Federal, State, or other law. 
(B) INCLUSION.—The term ‘‘injury to water 
rights’’ includes a change in the underground 
water table and any effect of such a change. 
(C) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include subsidence dam-
age or injury to water quality. 
(33) LOWER COLORADO RIVER BASIN DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River
Basin Development Fund’’ means the fund established 
by section 403 of the Colorado River Basin Project 
Act (43 U.S.C. 1543). 
(34) MASTER AGREEMENT.—The term ‘‘master 
agreement’’ means the agreement entitled ‘‘Arizona 
Water Settlement Agreement’’ among the Director, the 
Central Arizona Water Conservation District, and the 
Secretary, dated August 16, 2004. 
(35) NM CAP ENTITY.—The term ‘‘NM CAP enti-
ty’’ means the entity or entities that the State of New 
Mexico may authorize to assume responsibility for the 
design, construction, operation, maintenance, and re-
placement of the New Mexico Unit. 
(36) NEW MEXICO CONSUMPTIVE USE AND FOR-
BEARANCE AGREEMENT.— 
(A) IN GENERAL.—The term ‘‘New Mexico 
Consumptive Use and Forbearance Agreement’’ 
means that agreement entitled the ‘‘New Mexico 
Consumptive Use and Forbearance Agreement,’’ 
entered into by and among the United States, 
the Community, the San Carlos Irrigation and 
Drainage District, and all of the signatories to 
the UVD Agreement, and approved by the State 
of New Mexico, and authorized, ratified, and ap-
proved by section 212(b).
(B) INCLUSIONS.—The ‘‘New Mexico Con-
sumptive Use and Forbearance Agreement’’ in-
cludes— 
(i) all exhibits to that agreement (in-
cluding the New Mexico Risk Allocation 
agreement, which is also an exhibit to the 
UVD agreement); and 
(ii) any amendment to that agreement 
made or added pursuant to that agreement. 
(37) NEW MEXICO UNIT.—The term ‘‘New Mexico 
Unit’’ means that unit or units of the Central Ari-
zona Project authorized by sections 301(a)(4) and 304 
of the Colorado River Basin Project Act (43 U.S.C. 
1521(a)(4), 1524) (as amended by section 212). 
(38) NEW MEXICO UNIT AGREEMENT.— 
(A) IN GENERAL.—The term ‘‘New Mexico 
Unit Agreement’’ means that agreement entitled 
the ‘‘New Mexico Unit Agreement,’’ to be entered 
into by and between the United States and the 
NM CAP entity upon notice to the Secretary 
from the State of New Mexico that the State of 
New Mexico intends to have the New Mexico 
Unit constructed or developed. 
(B) INCLUSIONS.—The ‘‘New Mexico Unit 
Agreement’’ includes—
(i) all exhibits to that agreement; and 
(ii) any amendment to that agreement 
made or added pursuant to that agreement. 
(39) OFF-RESERVATION TRUST LAND.—The term 
‘‘off-Reservation trust land’’ means land outside the 
exterior boundaries of the Reservation that is held in 
trust by the United States for the benefit of the Com-
munity as of the enforceability date. 
(40) PHELPS DODGE.—The term ‘‘Phelps Dodge’’ 
means the Phelps Dodge Corporation, a New York 
corporation of that name, and Phelps Dodge’s subsidi-
aries (including Phelps Dodge Morenci, Inc., a Dela-
ware corporation of that name), and Phelps Dodge’s 
successors or assigns. 
(41) REPAYMENT STIPULATION.—The term ‘‘re-
payment stipulation’’ means the Revised Stipulation 
Regarding a Stay of Litigation, Resolution of Issues 
During the Stay, and for Ultimate Judgment Upon 
the Satisfaction of Conditions, filed with the United 
States District Court for the District of Arizona in 
Central Arizona Water Conservation District v. 
United States, et al., No. CIV 95–09625–09TUC– 
09WDB(EHC), No. CIV 95–091720–09PHX–09EHC 
(Consolidated Action), and that court’s order dated
April 28, 2003, and any amendments or revisions 
thereto. 
(42) RESERVATION.— 
(A) IN GENERAL.—Except as provided in 
sections 207(d) and 210(d), the term ‘‘Reserva-
tion’’ means the land located within the exterior 
boundaries of the reservation created under sec-
tions 3 and 4 of the Act of February 28, 1859 
(11 Stat. 401, chapter LXVI) and Executive Or-
ders of August 31, 1876, June 14, 1879, May 5, 
1882, November 15, 1883, July 31, 1911, June 
2, 1913, August 27, 1914, and July 19, 1915. 
(B) EXCLUSION.—The term ‘‘Reservation’’ 
does not include the land located in sections 16 
and 36, Township 4 South, Range 4 East, Salt 
and Gila River Base and Meridian. 
(43) 
ROOSEVELT
HABITAT
CONSERVATION 
PLAN.—The term ‘‘Roosevelt Habitat Conservation 
Plan’’ means the habitat conservation plan approved 
by the United States Fish and Wildlife Service under 
section 10(a)(1)(B) of the Endangered Species Act of 
1973 (16 U.S.C. 1539(a)(1)(B)) for the incidental 
taking of endangered, threatened, and candidate spe-
cies resulting from the continued operation by the
Salt River Project of Roosevelt Dam and Lake, near 
Phoenix, Arizona. 
(44) ROOSEVELT
WATER
CONSERVATION
DIS-
TRICT.—The term ‘‘Roosevelt Water Conservation 
District’’ means the entity of that name that is a po-
litical subdivision of the State and an irrigation dis-
trict organized under the law of the State. 
(45) SAFFORD.—The term ‘‘Safford’’ means the 
city of Safford, Arizona. 
(46) SALT
RIVER
PROJECT.—The term ‘‘Salt 
River Project’’ means the Salt River Project Agricul-
tural Improvement and Power District, a political 
subdivision of the State, and the Salt River Valley 
Water Users’ Association, an Arizona Territorial cor-
poration. 
(47) SAN
CARLOS
APACHE
TRIBE.—The term 
‘‘San Carlos Apache Tribe’’ means the San Carlos 
Apache Tribe, a tribe of Apache Indians organized 
under Section 16 of the Indian Reorganization Act of 
June 18, 1934, 48 Stat. 987 (25 U.S.C. 476). 
(48) SAN
CARLOS
IRRIGATION
AND
DRAINAGE 
DISTRICT.—The term ‘‘San Carlos Irrigation and 
Drainage District’’ means the entity of that name 
that is a political subdivision of the State and an ir-
rigation and drainage district organized under the 
laws of the State. 
(49) SAN CARLOS IRRIGATION PROJECT.— 
(A) IN GENERAL.—The term ‘‘San Carlos 
Irrigation Project’’ means the San Carlos irriga-
tion project authorized under the Act of June 7, 
1924 (43 Stat. 475). 
(B) INCLUSIONS.—The term ‘‘San Carlos 
Irrigation Project’’ includes any amendments 
and supplements to the Act described in subpara-
graph (A). 
(50) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(51) SPECIAL HOT LANDS.—The term ‘‘special 
hot lands’’ has the meaning given the term in sub-
paragraph 2.34 of the UVD agreement. 
(52) STATE.—The term ‘‘State’’ means the State 
of Arizona. 
(53) SUBCONTRACT.— 
(A) IN GENERAL.—The term ‘‘subcontract’’ 
means a Central Arizona Project water delivery 
subcontract. 
(B) INCLUSION.—The term ‘‘subcontract’’ 
includes an amendment to a subcontract.
(54) SUBSIDENCE DAMAGE.—The term ‘‘subsid-
ence damage’’ means injury to land, water, or other 
real property resulting from the settling of geologic 
strata or cracking in the surface of the Earth of any 
length or depth, which settling or cracking is caused 
by the pumping of underground water. 
(55) TBI ELIGIBLE ACRES.—The term ‘‘TBI eli-
gible acres’’ has the meaning given the term in sub-
paragraph 2.37 of the UVD agreement. 
(56) UNCONTRACTED
MUNICIPAL
AND
INDUS-
TRIAL
WATER.—The term ‘‘uncontracted municipal 
and industrial water’’ means Central Arizona Project 
municipal and industrial priority water that is not 
subject to subcontract on the date of enactment of this 
Act. 
(57) UV DECREED ACRES.— 
(A) IN GENERAL.—The term ‘‘UV decreed 
acres’’ means the land located upstream and to 
the east of the Coolidge Dam for which water 
may be diverted pursuant to the Globe Equity 
Decree. 
(B) EXCLUSION.—The term ‘‘UV decreed 
acres’’ does not include the reservation of the 
San Carlos Apache Tribe.
(58) UV DECREED WATER RIGHTS.—The term 
‘‘UV decreed water rights’’ means the right to divert 
water for use on UV decreed acres in accordance with 
the Globe Equity Decree. 
(59) UV IMPACT ZONE.—The term ‘‘UV impact 
zone’’ has the meaning given the term in subpara-
graph 2.47 of the UVD agreement. 
(60) UV SUBJUGATED
LAND.—The term ‘‘UV 
subjugated land’’ has the meaning given the term in 
subparagraph 2.50 of the UVD agreement. 
(61) UVD AGREEMENT.—The term ‘‘UVD agree-
ment’’ means the agreement among the Community, 
the United States, the San Carlos Irrigation and 
Drainage District, the Franklin Irrigation District, 
the Gila Valley Irrigation District, Phelps Dodge, and 
other parties located in the upper valley of the Gila 
River, dated September 2, 2004. 
(62) UV SIGNATORIES PARTIES.—The term ‘‘UV 
signatories’’ means the parties to the UVD agreement 
other than the United States, the San Carlos Irriga-
tion and Drainage District, and the Community. 
(63) WATER
OM&R
FUND.—The term ‘‘Water 
OM&R Fund’’ means the Gila River Indian Commu-
nity Water OM&R Trust Fund established by section 
208.
(64) WATER
RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface water, 
or effluent under Federal, State, or other law. 
(65) WATER
RIGHTS
APPURTENANT
TO
NEW 
MEXICO 381 ACRES.—The term ‘‘water rights appur-
tenant to New Mexico 381 acres’’ means the water 
rights— 
(A) appurtenant to the 380.81 acres de-
scribed in the decree in Arizona v. California, 
376 U.S. 340, 349 (1964); and 
(B) appurtenant to other land, or for other 
uses, for which the water rights described in sub-
paragraph (A) may be modified or used in ac-
cordance with that decree. 
(66) WATER RIGHTS FOR NEW MEXICO DOMESTIC 
PURPOSES.—The term ‘‘water rights for New Mexico 
domestic purposes’’ means the water rights for domes-
tic purposes of not more than 265 acre-feet of water 
for consumptive use described in paragraph IV(D)(2) 
of the decree in Arizona v. California, 376 U.S. 340, 
350 (1964). 
(67) 1994 
BIOLOGICAL
OPINION.—The term 
‘‘1994 biological opinion’’ means the biological opin-
ion, numbered 2–21–90–F–119, and dated April 15, 
1994, relating to the transportation and delivery of
Central Arizona Project water to the Gila River 
basin. 
(68) 1996 
BIOLOGICAL
OPINION.—The term 
‘‘1996 biological opinion’’ means the biological opin-
ion, numbered 2–21–95–F–462 and dated July 23, 
1996, relating to the impacts of modifying Roosevelt 
Dam on the southwestern willow flycatcher. 
(69) 1999 
BIOLOGICAL
OPINION.—The term 
‘‘1999 biological opinion’’ means the draft biological 
opinion numbered 2–21–91–F–706, and dated May 
1999, relating to the impacts of the Central Arizona 
Project on Gila Topminnow in the Santa Cruz River 
basin through the introduction and spread of non-
native aquatic species. 
SEC. 3. ARBITRATION. 
(a) NO PARTICIPATION BY THE UNITED STATES.— 
(1) IN GENERAL.—No arbitration decision ren-
dered pursuant to subparagraph 12.1 of the UVD 
agreement or exhibit 20.1 of the Gila River agreement 
(including the joint control board agreement attached 
to exhibit 20.1) shall be considered invalid solely be-
cause the United States failed or refused to partici-
pate in such arbitration proceedings that resulted in 
such arbitration decision, so long as the matters in 
arbitration under subparagraph 12.1 of the UVD
agreement or exhibit 20.1 of the Gila River Agreement 
concern aspects of the water rights of the Community, 
the San Carlos Irrigation Project, or the Miscella-
neous Flow Lands (as defined in subparagraph 2.18A 
of the UVD agreement) and not the water rights of the 
United States in its own right, any other rights of the 
United States, or the water rights or any other rights 
of the United States acting on behalf of or for the ben-
efit of another tribe. 
(2) ARBITRATION INEFFECTIVE.—If an issue oth-
erwise subject to arbitration under subparagraph 12.1 
of the UVD agreement or exhibit 20.1 of the Gila 
River Agreement cannot be arbitrated or if an arbi-
tration decision will not be effective because the 
United States cannot or will not participate in the 
arbitration, then the issue shall be submitted for deci-
sion to a court of competent jurisdiction, but not a 
court of the Community. 
(b) PARTICIPATION
BY
THE SECRETARY.—Notwith-
standing any provision of any agreement, exhibit, attach-
ment, or other document ratified by this Act, if the Sec-
retary is required to enter arbitration pursuant to this Act 
or any such document, the Secretary shall follow the proce-
dures for arbitration established by chapter 5 of title 5, 
United States Code.
SEC. 4. ANTIDEFICIENCY. 
The United States shall not be liable for failure to 
carry out any obligation or activity required by this Act, 
including all titles and all agreements or exhibits ratified 
or confirmed by this Act, funded by— 
(1) the Lower Basin Development Fund estab-
lished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543), if there are not enough 
monies in that fund to fulfill those obligations or 
carry out those activities; or 
(2) appropriations, if appropriations are not 
provided by Congress. 
TITLE I—CENTRAL ARIZONA 
PROJECT SETTLEMENT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Central Arizona Project 
Settlement Act of 2004’’. 
SEC. 102. FINDINGS. 
Congress finds that— 
(1) the water provided by the Central Arizona 
Project to Maricopa, Pinal, and Pima Counties in the 
State of Arizona, is vital to citizens of the State; and 
(2) an agreement on the allocation of Central 
Arizona Project water among interested persons, in-
cluding Federal and State interests, would provide 
important benefits to the Federal Government, the
State of Arizona, Arizona Indian Tribes, and the citi-
zens of the State. 
SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL 
ARIZONA PROJECT. 
In accordance with the CAP repayment contract, the 
Central Arizona Project may be used to transport non-
project water for— 
(1) domestic, municipal, fish and wildlife, and 
industrial purposes; and 
(2) any purpose authorized under the Colorado 
River Basin Project Act (43 U.S.C. 1501 et seq.). 
SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT 
WATER. 
(a) NON-INDIAN AGRICULTURAL PRIORITY WATER.— 
(1) 
REALLOCATION
TO
ARIZONA
INDIAN 
TRIBES.— 
(A) IN GENERAL.—The Secretary shall re-
allocate 197,500 acre-feet of agricultural priority 
water made available pursuant to the master 
agreement for use by Arizona Indian tribes, of 
which— 
(i) 102,000 acre-feet shall be reallo-
cated to the Gila River Indian Community; 
(ii) 28,200 acre-feet shall be reallocated 
to the Tohono O’odham Nation; and
counted on an acre-foot per acre-foot basis 
against any claim to water for that Tribe’s 
reservation; 
(ii) notwithstanding clause (i), the 
Secretary shall retain 6,411 acre-feet of 
water for use for a future water rights set-
tlement agreement approved by an Act of 
Congress that settles the Navajo Nation’s 
claims to water in Arizona. If Congress does 
not approve this settlement before December 
31, 2030, the 6,411 acre-feet of CAP water 
shall be available to the Secretary under 
clause (i); and 
(iii) the agricultural priority water 
shall not, without specific authorization by 
Act of Congress, be leased, exchanged, 
forborne, or otherwise transferred by an Ar-
izona Indian tribe for any direct or indirect 
use outside the reservation of the Arizona 
Indian tribe. 
(C) REPORT.—The Secretary, in consulta-
tion with Arizona Indian tribes and the State, 
shall prepare a report for Congress by December 
31, 2016, that assesses whether the potential ben-
efits of subparagraph (A) are being conveyed to
Arizona Indian tribes pursuant to water rights 
settlements enacted subsequent to this Act. For 
those Arizona Indian tribes that have not yet set-
tled water rights claims, the Secretary shall de-
scribe whether any active negotiations are taking 
place, and identify any critical water needs that 
exist on the reservation of each such Arizona In-
dian tribe. The Secretary shall also identify and 
report on the use of unused quantities of agricul-
tural priority water made available to Arizona 
Indian tribes under subparagraph (A). 
(2) REALLOCATION TO THE ARIZONA DEPART-
MENT OF WATER RESOURCES.— 
(A) IN GENERAL.—Subject to subparagraph 
(B) and subparagraph 9.3 of the master agree-
ment, the Secretary shall reallocate up to 96,295 
acre-feet of agricultural priority water made 
available pursuant to the master agreement to 
the Arizona Department of Water Resources, to 
be held under contract in trust for further alloca-
tion under subparagraph (C). 
(B) REQUIRED DOCUMENTATION.—The re-
allocation of agricultural priority water under 
subparagraph (A) is subject to the condition that
the Secretary execute any appropriate documents 
to memorialize the reallocation, including— 
(i) an allocation decision; and 
(ii) a contract that prohibits the direct 
use of the agricultural priority water by the 
Arizona Department of Water Resources. 
(C) FURTHER
ALLOCATION.—With respect 
to the allocation of agricultural priority water 
under subparagraph (A)— 
(i) before that water may be further al-
located— 
(I) the Director shall submit to 
the Secretary, and the Secretary shall 
receive, a recommendation for realloca-
tion; 
(II) as soon as practicable after 
receiving the recommendation, the Sec-
retary shall carry out all necessary re-
views of the proposed reallocation, in 
accordance with applicable Federal 
law; and 
(III) if the recommendation is re-
jected by the Secretary, the Secretary 
shall—
(aa) request a revised rec-
ommendation from the Director; 
and 
(bb) proceed with any re-
views required under subclause 
(II); and 
(ii) as soon as practicable after the 
date on which agricultural priority water is 
further allocated, the Secretary shall offer to 
enter into a subcontract for that water in 
accordance with paragraphs (1) and (2) of 
subsection (d). 
(D) MASTER
AGREEMENT.—The realloca-
tion of agricultural priority water under sub-
paragraphs (A) and (C) is subject to the master 
agreement, including certain rights provided by 
the master agreement to water users in Pinal 
County, Arizona. 
(3) PRIORITY.—The agricultural priority water 
reallocated under paragraphs (1) and (2) shall be 
subject to the condition that the water retain its non- 
Indian agricultural delivery priority. 
(b) UNCONTRACTED CENTRAL ARIZONA PROJECT MU-
NICIPAL AND INDUSTRIAL PRIORITY WATER.—
(1) REALLOCATION.—The Secretary shall, on the 
recommendation of the Director, reallocate 65,647 
acre-feet of uncontracted municipal and industrial 
water, of which— 
(A) 285 acre-feet shall be reallocated to the 
town of Superior, Arizona; 
(B) 806 acre-feet shall be reallocated to the 
Cave Creek Water Company; 
(C) 1,931 acre-feet shall be reallocated to the 
Chaparral Water Company; 
(D) 508 acre-feet shall be reallocated to the 
town of El Mirage, Arizona; 
(E) 7,211 acre-feet shall be reallocated to the 
city of Goodyear, Arizona; 
(F) 147 acre-feet shall be reallocated to the 
H2O Water Company; 
(G) 7,115 acre-feet shall be reallocated to the 
city of Mesa, Arizona; 
(H) 5,527 acre-feet shall be reallocated to 
the city of Peoria, Arizona; 
(I) 2,981 acre-feet shall be reallocated to the 
city of Scottsdale, Arizona; 
(J) 808 acre-feet shall be reallocated to the 
AVRA Cooperative;
(K) 4,986 acre-feet shall be reallocated to 
the city of Chandler, Arizona; 
(L) 1,071 acre-feet shall be reallocated to the 
Del Lago (Vail) Water Company; 
(M) 3,053 acre-feet shall be reallocated to 
the city of Glendale, Arizona; 
(N) 1,521 acre-feet shall be reallocated to the 
Community Water Company of Green Valley, 
Arizona; 
(O) 4,602 acre-feet shall be reallocated to the 
Metropolitan Domestic Water Improvement Dis-
trict; 
(P) 3,557 acre-feet shall be reallocated to the 
town of Oro Valley, Arizona; 
(Q) 8,206 acre-feet shall be reallocated to the 
city of Phoenix, Arizona; 
(R) 2,876 acre-feet shall be reallocated to the 
city of Surprise, Arizona; 
(S) 8,206 acre-feet shall be reallocated to the 
city of Tucson, Arizona; and 
(T) 250 acre-feet shall be reallocated to the 
Valley Utilities Water Company. 
(2) SUBCONTRACTS.— 
(A) IN GENERAL.—As soon as practicable 
after the date of enactment of this Act, and in
accordance with paragraphs (1) and (2) of sub-
section (d) and any other applicable Federal 
laws, the Secretary shall offer to enter into sub-
contracts for the delivery of the uncontracted mu-
nicipal and industrial water reallocated under 
paragraph (1). 
(B) REVISED
RECOMMENDATION.—If the 
Secretary is precluded under applicable Federal 
law from entering into a subcontract with an en-
tity identified in paragraph (1), the Secretary 
shall— 
(i) request a revised recommendation 
from the Director; and 
(ii) on receipt of a recommendation 
under clause (i), reallocate and enter into a 
subcontract for the delivery of the water in 
accordance with subparagraph (A). 
(c) LIMITATIONS.— 
(1) AMOUNT.— 
(A) IN GENERAL.—The total amount of en-
titlements under long-term contracts (as defined 
in the repayment stipulation) for the delivery of 
Central Arizona Project water in the State shall 
not exceed 1,415,000 acre-feet, of which— 
(i) 650,724 acre-feet shall be—
(I) under contract to Arizona In-
dian tribes; or 
(II) available to the Secretary for 
allocation to Arizona Indian tribes; 
and 
(ii) 764,276 acre-feet shall be under 
contract or available for allocation to— 
(I) non-Indian municipal and in-
dustrial entities; 
(II) the Arizona Department of 
Water Resources; and 
(III) non-Indian agricultural en-
tities. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to Central Arizona Project water de-
livered to water users in Arizona in exchange for 
Gila River water used in New Mexico as pro-
vided in section 304 of the Colorado River Basin 
Project Act (43 U.S.C. 1524) (as amended by 
section 212). 
(2) TRANSFER.— 
(A) IN GENERAL.—Except pursuant to the 
master agreement, Central Arizona Project water 
may not be transferred from—
(i) a use authorized under paragraph 
(1)(A)(i) to a use authorized under para-
graph (1)(A)(ii); or 
(ii) a use authorized under paragraph 
(1)(A)(ii) to a use authorized under para-
graph (1)(A)(i). 
(B) EXCEPTIONS.— 
(i) LEASES.—A lease of Central Ari-
zona Project water by an Arizona Indian 
tribe to an entity described in paragraph 
(1)(A)(ii) under an Indian water rights set-
tlement approved by an Act of Congress 
shall not be considered to be a transfer for 
purposes of subparagraph (A). 
(ii) EXCHANGES.—An exchange of 
Central Arizona Project water by an Ari-
zona Indian tribe to an entity described in 
paragraph (1)(A)(ii) shall not be considered 
to be a transfer for purposes of subpara-
graph (A). 
(iii) Notwithstanding subparagraph 
(A), up to 17,000 acre-feet of CAP munic-
ipal and industrial water under the sub-
contract among the United States, the Cen-
tral Arizona Water Conservation District,
and Asarco, subcontract No. 3–07–30– 
W0307, dated November 7, 1993, may be re-
allocated to the Community on execution of 
an exchange and lease agreement among the 
Community, the United States, and Asarco. 
(d) CENTRAL ARIZONA PROJECT CONTRACTS
AND 
SUBCONTRACTS.— 
(1) IN GENERAL.—Notwithstanding section 6 of 
the Reclamation Project Act of 1939 (43 U.S.C. 485e), 
and paragraphs (2) and (3) of section 304(b) of the 
Colorado River Basin Project Act (43 U.S.C. 
1524(b)), as soon as practicable after the date of en-
actment of this Act, the Secretary shall offer to enter 
into subcontracts or to amend all Central Arizona 
Project contracts and subcontracts in effect as of that 
date in accordance with paragraph (2). 
(2) 
REQUIREMENTS.—All 
subcontracts 
and 
amendments to Central Arizona Project contracts and 
subcontracts under paragraph (1)— 
(A) shall be for permanent service (within 
the meaning of section 5 of the Boulder Canyon 
Project Act of 1928 (43 U.S.C. 617d)); 
(B) shall have an initial delivery term that 
is the greater of— 
(i) 100 years; or
(ii) a term— 
(I) authorized by Congress; or 
(II) provided under the appro-
priate Central Arizona Project contract 
or subcontract in existence on the date 
of enactment of this Act; 
(C) shall conform to the shortage sharing 
criteria described in paragraph 5.3 of the 
Tohono O’odham settlement agreement; 
(D) shall include the prohibition and excep-
tion described in subsection (e); and 
(E) shall not require— 
(i) that any Central Arizona Project 
water received in exchange for effluent be 
deducted from the contractual entitlement of 
the CAP contractor or CAP subcontractor; 
or 
(ii) that any additional modification 
of the Central Arizona Project contracts or 
subcontracts be made as a condition of ac-
ceptance of the subcontract or amendments. 
(3) APPLICABILITY.—This subsection does not 
apply to— 
(A) a subcontract for non-Indian agricul-
tural use; or
(B) a contract executed under paragraph 
5(d) of the repayment stipulation. 
(e) PROHIBITION ON TRANSFER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no Central Arizona Project water shall be 
leased, exchanged, forborne, or otherwise transferred 
in any way for use directly or indirectly outside the 
State. 
(2) 
EXCEPTIONS.—Central 
Arizona 
Project 
water may be— 
(A) leased, exchanged, forborne, or otherwise 
transferred under an agreement with the Arizona 
Water Banking Authority that is in accordance 
with part 414 of title 43, Code of Federal Regu-
lations; and 
(B) delivered to users in Arizona in ex-
change for Gila River water used in New Mexico 
as provided in section 304 of the Colorado River 
Basin Project Act (43 U.S.C. 1524) (as amended 
by section 212). 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection prohibits any entity from entering into a 
contract with the Arizona Water Banking Authority 
or a successor of the Authority under State law.
hibits to the master agreement that have not been exe-
cuted as of the date of enactment of this Act. 
(3) DEBT
COLLECTION.—For any agricultural 
priority water that is not relinquished under the mas-
ter agreement, the subcontractor shall continue to 
pay, consistent with the master agreement, the por-
tion of the debt associated with any retained water 
under section 9(d) of the Reclamation Project Act of 
1939 (43 U.S.C. 485h(d)), and the Secretary shall 
apply such revenues toward the reimbursable section 
9(d) debt of that subcontractor. 
(4) EFFECTIVE DATE.—The provisions of sub-
sections (b) and (c) shall take effect on the date of en-
actment of this Act. 
(b) NONREIMBURSABLE DEBT.— 
(1) IN GENERAL.—In accordance with the master 
agreement, the portion of debt incurred under section 
9(d) of the Reclamation Project Act of 1939 (43 
U.S.C. 485h(d)), and identified in the master agree-
ment as nonreimbursable to the United States, shall 
be nonreimbursable and nonreturnable to the United 
States in an amount not to exceed $73,561,337. 
(2) EXTENSION.—In accordance with the master 
agreement, the Secretary may extend, on an annual 
basis, the repayment schedule of debt incurred under
section 9(d) of the Reclamation Project Act of 1939 
(43 U.S.C. 485h(d)) by CAP subcontractors. 
(c) EXEMPTION.—The Reclamation Reform Act of 
1982 (43 U.S.C. 390aa et seq.) and any other acreage limi-
tation or full cost pricing provisions of Federal law shall 
not apply to— 
(1) land within the exterior boundaries of the 
Central Arizona Water Conservation District or 
served by Central Arizona Project water; 
(2) land within the exterior boundaries of the 
Salt River Reservoir District; 
(3) land held in trust by the United States for 
an Arizona Indian tribe that is— 
(A) within the exterior boundaries of the 
Central Arizona Water Conservation District; or 
(B) served by Central Arizona Project 
water; or 
(4) any person, entity, or land, solely on the 
basis of— 
(A) receipt of any benefits under this Act; 
(B) execution or performance of the Gila 
River agreement; or 
(C) the use, storage, delivery, lease, or ex-
change of Central Arizona Project water.
SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT 
FUND. 
(a) IN GENERAL.—Section 403 of the Colorado River 
Basin Project Act (43 U.S.C. 1543) is amended by striking 
subsection (f) and inserting the following: 
‘‘(f) ADDITIONAL USES OF REVENUE FUNDS.— 
‘‘(1) CREDITING
AGAINST
CENTRAL
ARIZONA 
WATER CONSERVATION DISTRICT PAYMENTS.—Funds 
credited to the development fund pursuant to sub-
section (b) and paragraphs (1) and (3) of subsection 
(c), the portion of revenues derived from the sale of 
power and energy for use in the State of Arizona pur-
suant to subsection (c)(2) in excess of the amount nec-
essary to meet the requirements of paragraphs (1) 
and (2) of subsection (d), and any annual payment 
by the Central Arizona Water Conservation District 
to effect repayment of reimbursable Central Arizona 
Project construction costs, shall be credited annually 
against the annual payment owed by the Central Ari-
zona Water Conservation District to the United 
States for the Central Arizona Project. 
‘‘(2) FURTHER USE OF REVENUE FUNDS CRED-
ITED
AGAINST
PAYMENTS
OF
CENTRAL
ARIZONA 
WATER CONSERVATION DISTRICT.—After being cred-
ited in accordance with paragraph (1), the funds and 
portion of revenues described in that paragraph shall
be available annually, without further appropriation, 
in order of priority— 
‘‘(A) to pay annually the fixed operation, 
maintenance, and replacement charges associated 
with the delivery of Central Arizona Project 
water held under long-term contracts for use by 
Arizona Indian tribes (as defined in section 2 of 
the Arizona Water Settlements Act) in accord-
ance with clause 8(d)(i)(1)(i) of the Repayment 
Stipulation (as defined in section 2 of the Ari-
zona Water Settlements Act); 
‘‘(B) to make deposits, totaling $53,000,000 
in the aggregate, in the Gila River Indian Com-
munity Water OM&R Trust Fund established by 
section 208 of the Arizona Water Settlements 
Act; 
‘‘(C) to pay $147,000,000 for the rehabilita-
tion of the San Carlos Irrigation Project, of 
which not more than $25,000,000 shall be avail-
able annually consistent with attachment 6.5.1 of 
exhibit 20.1 of the Gila River agreement, except 
that the total amount of $147,000,000 shall be 
increased or decreased, as appropriate, based on 
ordinary fluctuations since January 1, 2000, in
construction cost indices applicable to the types 
of construction involved in the rehabilitation; 
‘‘(D) in addition to amounts made avail-
able for the purpose through annual appropria-
tions, as reasonably allocated by the Secretary 
without regard to any trust obligation on the 
part of the Secretary to allocate the funding 
under any particular priority and without re-
gard to priority (except that payments required 
by clause (i) shall be made first)— 
‘‘(i) 
to 
make 
deposits 
totaling 
$66,000,000, adjusted to reflect changes 
since January 1, 2004, in the construction 
cost indices applicable to the types of con-
struction involved in construction of the 
New Mexico Unit, into the New Mexico 
Unit Fund as provided by section 212(i) of 
the Arizona Water Settlements Act in 10 
equal annual payments beginning in 2012; 
‘‘(ii) upon satisfaction of the condi-
tions set forth in subsections (j) and (k) of 
section 212, to pay certain of the costs asso-
ciated with construction of the New Mexico 
Unit, in addition to any amounts that may 
be expended from the New Mexico Unit
Fund, 
in 
a 
minimum 
amount 
of 
$34,000,000 and a maximum amount of 
$62,000,000, as provided in section 212 of 
the Arizona Water Settlements Act, as ad-
justed to reflect changes since January 1, 
2004, in the construction cost indices appli-
cable to the types of construction involved 
in construction of the New Mexico Unit; 
‘‘(iii) to pay the costs associated with 
the construction of distribution systems re-
quired to implement the provisions of— 
‘‘(I) the contract entered into be-
tween the United States and the Gila 
River Indian Community, numbered 
6–07–03–W0345, and dated July 20, 
1998; 
‘‘(II) section 3707(a)(1) of the 
San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 (106 Stat. 
4747); and 
‘‘(III) section 304 of the Southern 
Arizona 
Water 
Rights 
Settlement 
Amendments Act of 2004; 
‘‘(iv) to pay $52,396,000 for the reha-
bilitation of the San Carlos Irrigation
Project as provided in section 203(d)(4) of 
the Arizona Water Settlements Act, of which 
not more than $9,000,000 shall be available 
annually, except that the total amount of 
$52,396,000 shall be increased or decreased, 
as appropriate, based on ordinary fluctua-
tions since January 1, 2000, in construc-
tion cost indices applicable to the types of 
construction involved in the rehabilitation; 
‘‘(v) to pay other costs specifically 
identified under— 
‘‘(I) sections 213(g)(1) and 214 of 
the Arizona Water Settlements Act; 
and 
‘‘(II) the Southern Arizona Water 
Rights Settlement Amendments Act of 
2004; 
‘‘(vi) to pay a total of not more than 
$250,000,000 to the credit of the Future In-
dian Water Settlement Subaccount of the 
Lower Colorado Basin Development Fund, 
for use for Indian water rights settlements 
in Arizona approved by Congress after the 
date of enactment of this Act, subject to the 
requirement 
that, 
notwithstanding 
any
other provision of this Act, any funds cred-
ited to the Future Indian Water Settlement 
Subaccount that are not used in furtherance 
of a congressionally approved Indian water 
rights settlement in Arizona by December 
31, 2030, shall be returned to the main 
Lower Colorado Basin Development Fund 
for expenditure on authorized uses pursuant 
to this Act, provided that any interest 
earned on funds held in the Future Indian 
Water Settlement Subaccount shall remain 
in such subaccount until disbursed or re-
turned in accordance with this section; 
‘‘(vii) to pay costs associated with the 
installation of gages on the Gila River and 
its tributaries to measure the water level of 
the Gila River and its tributaries for pur-
poses of the New Mexico Consumptive Use 
and Forbearance Agreement in an amount 
not to exceed $500,000; and 
‘‘(viii) to pay the Secretary’s costs of 
implementing the Central Arizona Project 
Settlement Act of 2004;
‘‘(E) in addition to amounts made available 
for the purpose through annual appropria-
tions— 
‘‘(i) to pay the costs associated with 
the construction of on-reservation Central 
Arizona Project distribution systems for the 
Yavapai Apache (Camp Verde), Tohono 
O’odham Nation (Sif Oidak District), 
Pascua Yaqui, and Tonto Apache tribes; 
and 
‘‘(ii) to make payments to those tribes 
in accordance with paragraph 8(d)(i)(1)(iv) 
of the repayment stipulation (as defined in 
section 2 of the Arizona Water Settlements 
Act), except that if a water rights settlement 
Act of Congress authorizes such construc-
tion, payments to those tribes shall be made 
from funds in the Future Indian Water Set-
tlement Subaccount; and 
‘‘(F) if any amounts remain in the develop-
ment fund at the end of a fiscal year, to be car-
ried over to the following fiscal year for use for 
the purposes described in subparagraphs (A) 
through (E).
‘‘(3) REVENUE FUNDS IN EXCESS OF REVENUE 
FUNDS CREDITED AGAINST CENTRAL ARIZONA WATER 
CONSERVATION DISTRICT PAYMENTS.—The funds and 
portion of revenues described in paragraph (1) that 
are in excess of amounts credited under paragraph 
(1) shall be available, on an annual basis, without 
further appropriation, in order of priority— 
‘‘(A) to pay annually the fixed operation, 
maintenance and replacement charges associated 
with the delivery of Central Arizona Project 
water under long-term contracts held by Arizona 
Indian tribes (as defined in section 2 of the Ari-
zona Water Settlements Act); 
‘‘(B) to make the final outstanding annual 
payment for the costs of each unit of the projects 
authorized under title III that are to be repaid 
by the Central Arizona Water Conservation Dis-
trict; 
‘‘(C) to reimburse the general fund of the 
Treasury for fixed operation, maintenance, and 
replacement charges previously paid under para-
graph (2)(A); 
‘‘(D) to reimburse the general fund of the 
Treasury for costs previously paid under sub-
paragraphs (B) through (E) of paragraph (2);
‘‘(E) to pay to the general fund of the 
Treasury the annual installment on any debt re-
lating to the Central Arizona Project under sec-
tion 9(d) of the Reclamation Project Act of 1939 
(43 U.S.C. 485h(d)), made nonreimbursable 
under section 106(b) of the Arizona Water Settle-
ments Act; 
‘‘(F) to pay to the general fund of the 
Treasury the difference between— 
‘‘(i) the costs of each unit of the 
projects authorized under title III that are 
repayable by the Central Arizona Water 
Conservation District; and 
‘‘(ii) any costs allocated to reimburs-
able functions under any Central Arizona 
Project cost allocation undertaken by the 
United States; and 
‘‘(G) for deposit in the general fund of the 
Treasury. 
‘‘(4) INVESTMENT OF AMOUNTS.— 
‘‘(A) IN
GENERAL.—The Secretary of the 
Treasury shall invest such portion of the develop-
ment fund as is not, in the judgment of the Sec-
retary of the Interior, required to meet current 
needs of the development fund.
‘‘(B) PERMITTED INVESTMENTS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, including any 
provision requiring the consent or concur-
rence of any party, the investments referred 
to in subparagraph (A) shall include 1 or 
more of the following: 
‘‘(I) Any investments referred to 
in the Act of June 24, 1938 (25 U.S.C. 
162a). 
‘‘(II) Investments in obligations of 
government corporations and govern-
ment-sponsored entities whose charter 
statutes provide that their obligations 
are lawful investments for federally 
managed funds. 
‘‘(III) The obligations referred to 
in section 201 of the Social Security 
Act (42 U.S.C. 401). 
‘‘(ii) 
LAWFUL
INVESTMENTS.—For 
purposes of clause (i), obligations of govern-
ment corporations and government-spon-
sored entities whose charter statutes provide 
that their obligations are lawful investments 
for federally managed funds includes any of
the following securities or securities with 
comparable language concerning the invest-
ment of federally managed funds: 
‘‘(I) Obligations of the United 
States Postal Service as authorized by 
section 2005 of title 39, United States 
Code. 
‘‘(II) Bonds and other obligations 
of the Tennessee Valley Authority as 
authorized by section 15d of the Ten-
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 as author-
ized by section 303 of the Federal 
Home Loan Mortgage Corporation Act 
(12 U.S.C. 1452). 
‘‘(IV) Bonds, notes, or debentures 
of the Commodity Credit Corporation 
as authorized by section 4 of the Act of 
March 4, 1939 (15 U.S.C. 713a–4). 
‘‘(C) ACQUISITION
OF
OBLIGATIONS.—For 
the purpose of investments under subparagraph 
(A), obligations may be acquired—
‘‘(i) on original issue at the issue 
price; or 
‘‘(ii) by purchase of outstanding obli-
gations at the market price. 
‘‘(D) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the development fund may be 
sold by the Secretary of the Treasury at the mar-
ket price. 
‘‘(E) CREDITS TO FUND.—The interest on, 
and the proceeds from the sale or redemption of, 
any obligations held in the development fund 
shall be credited to and form a part of the devel-
opment fund. 
‘‘(5) AMOUNTS
NOT
AVAILABLE
FOR
CERTAIN 
FEDERAL OBLIGATIONS.—None of the provisions of 
this section, including paragraphs (2)(A) and (3)(A), 
shall be construed to make any of the funds referred 
to in this section available for the fulfillment of any 
Federal obligation relating to the payment of OM&R 
charges if such obligation is undertaken pursuant to 
Public Law 95–328, Public Law 98–530, or any set-
tlement agreement with the United States (or amend-
ments thereto) approved by or pursuant to either of 
those Acts.’’.
(b) LIMITATION.—Amounts made available under the 
amendment made by subsection (a)— 
(1) shall be identified and retained in the Lower 
Colorado River Basin Development Fund established 
by section 403 of the Colorado River Basin Project 
Act (43 U.S.C. 1543); and 
(2) shall not be expended or withdrawn from 
that fund until the later of— 
(A) the date on which the findings described 
in section 207(c) are published in the Federal 
Register; or 
(B) January 1, 2010. 
(c) TECHNICAL AMENDMENTS.—The Colorado River 
Basin Project Act (43 U.S.C. 1501 et seq.) is amended— 
(1) in section 403(g), by striking ‘‘clause (c)(2)’’ 
and inserting ‘‘subsection (c)(2)’’; and 
(2) in section 403(e), by striking ‘‘Revenues’’ and 
inserting ‘‘Except as provided in subsection (f), reve-
nues’’. 
SEC. 108. EFFECT. 
Except for provisions relating to the allocation of Cen-
tral Arizona Project water and the Reclamation Reform Act 
of 1982 (43 U.S.C. 390aa et seq.), nothing in this title af-
fects—
(1) any treaty, law, or agreement governing the 
use of water from the Colorado River; or 
(2) any rights to use Colorado River water exist-
ing on the date of enactment of this Act. 
SEC. 109. REPEAL. 
Section 11(h) of the Salt River Pima-Maricopa Indian 
Community Water Rights Settlement Act of 1988 (102 Stat. 
2559) is repealed. 
SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to comply with— 
(1) the 1994 biological opinion, including any 
funding transfers required by the opinion; 
(2) the 1996 biological opinion, including any 
funding transfers required by the opinion; and 
(3) any final biological opinion resulting from 
the 1999 biological opinion, including any funding 
transfers required by the opinion. 
(b) CONSTRUCTION COSTS.—Amounts made available 
under subsection (a) shall be treated as Central Arizona 
Project construction costs. 
(c) AGREEMENTS.— 
(1) IN GENERAL.—Any amounts made available 
under subsection (a) may be used to carry out agree-
ments to permanently fund long-term reasonable and
prudent alternatives in accepted biological opinions 
relating to the Central Arizona Project. 
(2) REQUIREMENTS.—To ensure that long-term 
environmental compliance may be met without fur-
ther appropriations, an agreement under paragraph 
(1) shall include a provision requiring that the con-
tractor manage the funds through interest-bearing in-
vestments. 
SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE 
UNDER TITLE II. 
(a) IN GENERAL.—Except as provided in subsection 
(b), if the Secretary does not publish a statement of findings 
under section 207(c) by December 31, 2007— 
(1) this title is repealed effective January 1, 
2008, and any action taken by the Secretary and any 
contract entered under any provision of this title shall 
be void; and 
(2) any amounts appropriated under section 110 
that remain unexpended shall immediately revert to 
the general fund of the Treasury. 
(b) EXCEPTION.—No subcontract amendment executed 
by the Secretary under the notice of June 18, 2003 (67 Fed. 
Reg. 36578), shall be considered to be a contract entered 
into by the Secretary for purposes of subsection (a)(1).
TITLE II—GILA RIVER INDIAN 
COMMUNITY WATER RIGHTS 
SETTLEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Gila River Indian Com-
munity Water Rights Settlement Act of 2004’’. 
SEC. 202. PURPOSES. 
The purposes of this title are— 
(1) to resolve permanently certain damage 
claims and all water rights claims among the United 
States on behalf of the Community, its members, and 
allottees, and the Community and its neighbors; 
(2) to authorize, ratify, and confirm the Gila 
River agreement; 
(3) to authorize and direct the Secretary to exe-
cute and perform all obligations of the Secretary 
under the Gila River agreement; 
(4) to authorize the actions and appropriations 
necessary for the United States to meet obligations of 
the United States under the Gila River agreement 
and this title; and 
(5) to authorize and direct the Secretary to exe-
cute the New Mexico Consumptive Use and Forbear-
ance Agreement to allow the Secretary to exercise the 
rights authorized by subsections (d) and (f) of section
304 of the Colorado River Basin Project Act (43 
U.S.C. 1524). 
SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMU-
NITY WATER RIGHTS SETTLEMENT AGREE-
MENT. 
(a) IN GENERAL.—Except to the extent that any provi-
sion of the Gila River agreement conflicts with any provi-
sion of this title, the Gila River agreement is authorized, 
ratified, and confirmed. To the extent amendments are exe-
cuted to make the Gila River agreement consistent with this 
title, such amendments are also authorized, ratified, and 
confirmed. 
(b) EXECUTION OF AGREEMENT.—To the extent that 
the Gila River agreement does not conflict with this title, 
the Secretary is directed to and shall execute the Gila River 
agreement, including all exhibits to the Gila River agree-
ment requiring the signature of the Secretary and any 
amendments necessary to make the Gila River agreement 
consistent with this title, after the Community has executed 
the Gila River agreement and any such amendments. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL
COMPLIANCE.—In imple-
menting the Gila River agreement, the Secretary shall 
promptly comply with all aspects of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and all other applicable environmental 
Acts and regulations. 
(2) EXECUTION
OF
THE
GILA
RIVER
AGREE-
MENT.—Execution of the Gila River agreement by the 
Secretary under this section shall not constitute a 
major Federal action under the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.). The Sec-
retary is directed to carry out all necessary environ-
mental compliance required by Federal law in imple-
menting the Gila River agreement. 
(3) LEAD AGENCY.—The Bureau of Reclamation 
shall be designated as the lead agency with respect to 
environmental compliance. 
(d) REHABILITATION AND OPERATION, MAINTENANCE, 
AND REPLACEMENT OF CERTAIN WATER WORKS.— 
(1) IN GENERAL.—In addition to any obligations 
of the Secretary with respect to the San Carlos Irriga-
tion Project, including any operation or maintenance 
responsibility existing on the date of enactment of this 
Act, the Secretary shall— 
(A) in accordance with exhibit 20.1 to the 
Gila River agreement, provide for the rehabilita-
tion of the San Carlos Irrigation Project water 
diversion and delivery works with the funds pro-
vided for under section 403(f)(2) of the Colorado 
River Basin Project Act; and 
(B) provide electric power for San Carlos 
Irrigation Project wells and irrigation pumps at 
the Secretary’s direct cost of transmission, dis-
tribution, and administration, using the least ex-
pensive source of power available. 
(2) JOINT CONTROL BOARD AGREEMENT.— 
(A) IN GENERAL.—Except to the extent that 
it is in conflict with this title, the Secretary 
shall execute the joint control board agreement 
described in exhibit 20.1 to the Gila River agree-
ment, including all exhibits to the joint control 
board agreement requiring the signature of the 
Secretary and any amendments necessary to the 
joint control board agreement consistent with 
this title. 
(B) CONTROLS.—The joint control board 
agreement shall contain the following provisions, 
among others: 
(i) The Secretary, acting through the 
Bureau of Indian Affairs, shall continue to 
be responsible for the operation and mainte-
nance of Picacho Dam and Coolidge Dam 
and Reservoir, and for scheduling and de-
livering water to the Community and the 
District through the San Carlos Irrigation 
Project joint works. 
(ii) The actions and decisions of the 
joint control board that pertain to construc-
tion and maintenance of those San Carlos 
Irrigation Project joint works that are the 
subject of the joint control board agreement 
shall be subject to the approval of the Sec-
retary, acting through the Bureau of Indian 
Affairs within 30 days thereof, or sooner in 
emergency situations, which approval shall 
not be unreasonably withheld. Should a re-
quired decision of the Bureau of Indian Af-
fairs not be received by the joint control 
board within 60 days following an action or 
decision of the joint control board, the joint 
control board action or decision shall be 
deemed to have been approved by the Sec-
retary. 
(3) REHABILITATION COSTS ALLOCABLE TO THE 
COMMUNITY.—The rehabilitation costs allocable to the 
Community under exhibit 20.1 to the Gila River 
agreement shall be paid from the funds available 
under paragraph (2)(C) of section 403(f) of the Colo-
rado River Basin Project Act (43 U.S.C. 1543(f)) (as 
amended by section 107(a)). 
(4) REHABILITATION COSTS NOT ALLOCABLE TO 
THE COMMUNITY.— 
(A) IN GENERAL.—The rehabilitation costs 
not allocable to the Community under exhibit 
20.1 to the Gila River agreement shall be pro-
vided from funds available under paragraph 
(2)(D)(iv) of section 403(f) of the Colorado River 
Basin Project Act (43 U.S.C. 1543(f)) (as 
amended by section 107(a)). 
(B) SUPPLEMENTARY
REPAYMENT
CON-
TRACT.—Prior to the advance of any funds made 
available to the San Carlos Irrigation and 
Drainage District pursuant to the provisions of 
this Act, the Secretary shall execute a supple-
mentary repayment contract with the San Car-
los Irrigation and Drainage District in the form 
provided for in exhibit 20.1 to the Gila River 
agreement which shall, among other things, pro-
vide that— 
(i) in accomplishing the work under 
the supplemental repayment contract— 
(I) the San Carlos Irrigation and 
Drainage District—
(aa) may use locally accepted 
engineering standards and the 
labor and contracting authorities 
that are available to the District 
under State law; and 
(bb) shall be subject to the 
value engineering program of the 
Bureau of Reclamation established 
pursuant to OMB Circular A– 
131; and 
(II) in accordance with FAR Part 
48.101(b), the incentive returned to the 
contractor 
through 
this 
‘‘Incentive 
Clause’’ shall be 55 percent after the 
Contractor is reimbursed for the allow-
able costs of developing and imple-
menting the proposal and the Govern-
ment shall retain 45 percent of such 
savings in the form of reduced expendi-
tures; 
(ii) up to 18,000 acre-feet annually of 
conserved water will be made available by 
the San Carlos Irrigation and Drainage 
District to the United States pursuant to
the terms of exhibit 20.1 to the Gila River 
agreement; and 
(iii) a portion of the San Carlos Irri-
gation and Drainage District’s share of the 
rehabilitation costs specified in exhibit 20.1 
to the Gila River agreement shall be non-
reimbursable. 
(5) LEAD AGENCY.—The Bureau of Reclamation 
shall be designated as the lead agency for oversight of 
the construction and rehabilitation of the San Carlos 
Irrigation Project authorized by this section. 
(6) FINANCIAL RESPONSIBILITY.—Except as ex-
pressly provided by this section, nothing in this Act 
shall affect— 
(A) any responsibility of the Secretary 
under the provisions of the Act of June 7, 1924 
(commonly known as the ‘‘San Carlos Irrigation 
Project Act of 1924’’) (43 Stat. 475); or 
(B) any other financial responsibility of the 
Secretary relating to operation and maintenance 
of the San Carlos Irrigation Project existing on 
the date of enactment of this Act. 
SEC. 204. WATER RIGHTS. 
(a) RIGHTS HELD IN TRUST; ALLOTTEES.—
(1) INTENT OF CONGRESS.—It is the intent of 
Congress to provide allottees with benefits that are 
equal to or that exceed the benefits that the allottees 
currently possess, taking into account— 
(A) the potential risks, cost, and time delay 
associated with the litigation that will be re-
solved by the Gila River agreement; 
(B) the availability of funding under title I 
for the rehabilitation of the San Carlos Irriga-
tion Project and for other benefits; 
(C) the availability of water from the CAP 
system and other sources after the enforceability 
date, which will supplement less secure existing 
water supplies; and 
(D) the applicability of section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381), and this 
title to protect the interests of allottees. 
(2) HOLDING IN TRUST.—The water rights and 
resources described in the Gila River agreement shall 
be held in trust by the United States on behalf of the 
Community and the allottees as described in this sec-
tion. 
(3) ALLOTTED LAND.—As specified in and pro-
vided for under this Act—
(A) 
agricultural 
allottees, 
other 
than 
allottees with rights under the Globe Equity De-
cree, shall be entitled to a just and equitable allo-
cation of water from the Community for irriga-
tion purposes from the water resources described 
in the Gila River agreement; 
(B) allotted land with rights under the 
Globe Equity Decree shall be entitled to receive— 
(i) a similar quantity of water from 
the Community to the quantity historically 
delivered under the Globe Equity Decree; 
and 
(ii) the benefit of the rehabilitation of 
the San Carlos Irrigation Project as pro-
vided in this Act, a more secure source of 
water, and other benefits under this Act; 
(C) the water rights and resources and other 
benefits provided by this Act are a complete sub-
stitution of any rights that may have been held 
by, or any claims that may have been asserted 
by, the allottees before the date of enactment of 
this Act for land within the exterior boundaries 
of the Reservation; 
(D) any entitlement to water of allottees for 
land located within the exterior boundaries of the
Reservation shall be satisfied by the Community 
using the water resources described in subpara-
graph 4.1 in the Gila River agreement; 
(E) before asserting any claim against the 
United States under section 1491(a) of title 28, 
United States Code, or under section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381), an allottee 
shall first exhaust remedies available to the allot-
tee under the Community’s water code and Com-
munity law; and 
(F) following exhaustion of remedies on 
claims relating to section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381), a claimant may 
petition the Secretary for relief. 
(4) ACTIONS, CLAIMS, AND LAWSUITS.— 
(A) IN GENERAL.—Nothing in this Act au-
thorizes any action, claim, or lawsuit by an al-
lottee against any person, entity, corporation, or 
municipal corporation, under Federal, State, or 
other law. 
(B) THE
COMMUNITY
AND
THE
UNITED 
STATES.—Except as provided in subparagraphs 
(E) and (F) of paragraph (3) and subsection 
(e)(2)(C), nothing in this Act either authorizes 
any action, claim, or lawsuit by an allottee
against the Community under Federal, State, or 
other law, or alters available actions pursuant to 
section 1491(a) of title 28, of the United States 
Code, or section 381 of title 25, of the United 
States Code. 
(b) REALLOCATION.— 
(1) IN GENERAL.—In accordance with this title 
and the Gila River agreement, the Secretary shall re-
allocate and contract with the Community for the de-
livery in accordance with this section of— 
(A) an annual entitlement to 18,600 acre- 
feet of CAP agricultural priority water in ac-
cordance with the agreement among the Sec-
retary, the Community, and Roosevelt Water 
Conservation District dated August 7, 1992; 
(B) an annual entitlement to 18,100 acre- 
feet of CAP Indian priority water, which was 
permanently relinquished by Harquahala Valley 
Irrigation District in accordance with Contract 
No. 3–0907–0930–09W0290 among the Central 
Arizona 
Water 
Conservation 
District, 
the 
Harquahala Valley Irrigation District, and the 
United States, and converted to CAP Indian pri-
ority water under the Fort McDowell Indian
Community Water Rights Settlement Act of 1990 
(104 Stat. 4480); 
(C) on execution of an exchange and lease 
agreement among the Community, the United 
States, and Asarco, an annual entitlement of up 
to 17,000 acre-feet of CAP municipal and indus-
trial priority water under the subcontract among 
the United States, the Central Arizona Water 
Conservation District, and Asarco, Subcontract 
No. 3–07–30–W0307, dated November 7, 1993; 
and 
(D) as provided in section 104(a)(1)(A)(i), 
an annual entitlement to 102,000 acre-feet of 
CAP agricultural priority water acquired pursu-
ant to the master agreement. 
(2) SOLE AUTHORITY.—In accordance with this 
section, the Community shall have the sole authority, 
subject to the Secretary’s approval pursuant to section 
205(a)(2), to lease, distribute, exchange, or allocate 
the CAP water described in this subsection, except 
that this paragraph shall not impair the right of an 
allottee to lease land of the allottee together with the 
water rights appurtenant to the land. Nothing in this 
paragraph shall affect the validity of any lease or ex-
change ratified in section 205(c) or 205(d).
(c) WATER SERVICE CAPITAL CHARGES.—The Com-
munity shall not be responsible for water service capital 
charges for CAP water. 
(d) ALLOCATION AND REPAYMENT.—For the purpose 
of determining the allocation and repayment of costs of any 
stages of the Central Arizona Project constructed after the 
date of enactment of this Act, the costs associated with the 
delivery of water described in subsection (b), whether that 
water is delivered for use by the Community or in accord-
ance with any assignment, exchange, lease, option to lease, 
or other agreement for the temporary disposition of water 
entered into by the Community— 
(1) shall be nonreimbursable; and 
(2) shall be excluded from the repayment obliga-
tion of the Central Arizona Water Conservation Dis-
trict. 
(e) APPLICATION OF PROVISIONS.— 
(1) IN GENERAL.—The water rights recognized 
and confirmed to the Community and allottees by the 
Gila River agreement and this title shall be subject to 
section 7 of the Act of February 8, 1887 (25 U.S.C. 
381). 
(2) WATER CODE.— 
(A) IN
GENERAL.—Not later than 18 
months after the enforceability date, the Commu-
nity shall enact a water code, subject to any ap-
plicable provision of law (including subsection 
(a)(3)), that— 
(i) manages, regulates, and controls the 
water resources on the Reservation; 
(ii) governs all of the water rights that 
are held in trust by the United States; and 
(iii) provides that, subject to approval 
of the Secretary— 
(I) the Community shall manage, 
regulate, and control the water re-
sources described in the Gila River 
agreement and allocate water to all 
water users on the Reservation pursu-
ant to the water code; 
(II) the Community shall estab-
lish conditions, limitations, and per-
mit requirements relating to the stor-
age, recovery, and use of the water re-
sources described in the Gila River 
agreement; 
(III) any allocation of water shall 
be from the pooled water resources de-
scribed in the Gila River agreement;
(IV) charges for delivery of water 
for irrigation purposes to water users 
on the Reservation (including water 
users on allotted land) shall be assessed 
on a just and equitable basis without 
regard to the status of the Reservation 
land on which the water is used; 
(V) there is a process by which 
any user of or applicant to use water 
for 
irrigation 
purposes 
(including 
water users on allotted land) may re-
quest that the Community provide 
water for irrigation use in accordance 
with this title; 
(VI) there is a due process system 
for the consideration and determina-
tion by the Community of any request 
by any water user on the Reservation 
(including water users on allotted 
land), for an allocation of water, in-
cluding a process for appeal and adju-
dication of denied or disputed distribu-
tions of water and for resolution of 
contested administrative decisions; and
(VII) there is a requirement that 
any allottee with a claim relating to 
the enforcement of rights of the allottee 
under the water code or relating to the 
amount of water allocated to land of 
the allottee must first exhaust remedies 
available to the allottee under Commu-
nity law and the water code before ini-
tiating an action against the United 
States or petitioning the Secretary 
pursuant to subsection (a)(3)(F). 
(B) APPROVAL.—Any provision of the water 
code and any amendments to the water code that 
affect the rights of the allottees shall be subject to 
the approval of the Secretary, and no such provi-
sion or amendment shall be valid until approved 
by the Secretary. 
(C) INCLUSION OF REQUIREMENT IN WATER 
CODE.—The Community is authorized to and 
shall include in the water code the requirement 
in subparagraph (A)(VII) that any allottee with 
a claim relating to the enforcement of rights of 
the allottee under the water code or relating to 
the amount of water allocated to land of the al-
lottee must first exhaust remedies available to the
allottee under Community law and the water 
code before initiating an action against the 
United States. 
(3) ADMINISTRATION.—The Secretary shall ad-
minister all rights to water granted or confirmed to 
the Community and allottees by the Gila River agree-
ment and this Act until such date as the water code 
described in paragraph (2) has been enacted and ap-
proved by the Secretary, at which time the Commu-
nity shall have authority, subject to the Secretary’s 
authority under section 7 of the Act of February 8, 
1887 (25 U.S.C. 381), to manage, regulate, and con-
trol the water resources described in the Gila River 
agreement, subject to paragraph (2), except that this 
paragraph shall not impair the right of an allottee to 
lease land of the allottee together with the water rights 
appurtenant to the land. 
SEC. 
205. 
COMMUNITY 
WATER 
DELIVERY 
CONTRACT 
AMENDMENTS. 
(a) IN GENERAL.—The Secretary shall amend the 
Community water delivery contract to provide, among other 
things, in accordance with the Gila River agreement, that— 
(1) the contract shall be—
(A) for permanent service (as that term is 
used in section 5 of the Boulder Canyon Project 
Act (43 U.S.C. 617d)); and 
(B) without limit as to term; 
(2) the Community may, with the approval of 
the Secretary, including approval as to the Sec-
retary’s authority under section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381)— 
(A) enter into contracts or options to lease 
(for a term not to exceed 100 years) or contracts 
or options to exchange, Community CAP water 
within 
Maricopa, 
Pinal, 
Pima, 
La 
Paz, 
Yavapai, Gila, Graham, Greenlee, Santa Cruz, 
or Coconino Counties, Arizona, providing for the 
temporary delivery to others of any portion of 
the Community CAP water; and 
(B) renegotiate any lease at any time dur-
ing the term of the lease, so long as the term of 
the renegotiated lease does not exceed 100 years; 
(3)(A) the Community, and not the United 
States, shall be entitled to all consideration due to the 
Community under any leases or options to lease and 
exchanges or options to exchange Community CAP 
water entered into by the Community; and
(B) the United States shall have no trust obliga-
tion or other obligation to monitor, administer, or ac-
count for— 
(i) any funds received by the Community as 
consideration under any such leases or options to 
lease and exchanges or options to exchange; or 
(ii) the expenditure of such funds; 
(4)(A) all Community CAP water shall be deliv-
ered through the CAP system; and 
(B) if the delivery capacity of the CAP system 
is significantly reduced or is anticipated to be signifi-
cantly reduced for an extended period of time, the 
Community shall have the same CAP delivery rights 
as other CAP contractors and CAP subcontractors, if 
such CAP contractors or CAP subcontractors are al-
lowed to take delivery of water other than through the 
CAP system; 
(5) the Community may use Community CAP 
water on or off the Reservation for Community pur-
poses; 
(6) as authorized by subparagraph (A) of section 
403(f)(2) of the Colorado River Basin Project Act (43 
U.S.C. 1543(f)(2)) (as amended by section 107(a)) 
and to the extent that funds are available in the 
Lower Colorado River Basin Development Fund es-
tablished by section 403 of that Act (43 U.S.C. 1543), 
the United States shall pay to the CAP operating 
agency the fixed OM&R charges associated with the 
delivery of Community CAP water, except for Com-
munity CAP water leased by others; 
(7) the costs associated with the construction of 
the CAP system allocable to the Community— 
(A) shall be nonreimbursable; and 
(B) shall be excluded from any repayment 
obligation of the Community; and 
(8) no CAP water service capital charges shall be 
due or payable for Community CAP water, whether 
CAP water is delivered for use by the Community or 
is delivered under any leases, options to lease, ex-
changes or options to exchange Community CAP 
water entered into by the Community. 
(b) AMENDED
AND RESTATED COMMUNITY WATER 
DELIVERY CONTRACT.—To the extent it is not in conflict 
with the provisions of this Act, the Amended and Restated 
Community CAP Water Delivery Contract set forth in ex-
hibit 8.2 to the Gila River agreement is authorized, ratified, 
and confirmed, and the Secretary is directed to and shall 
execute the contract. To the extent amendments are executed 
to make the Amended and Restated Community CAP Water
Delivery Contract consistent with this title, such amend-
ments are also authorized, ratified, and confirmed. 
(c) LEASES.—To the extent they are not in conflict 
with the provisions of this Act, the leases of Community 
CAP water by the Community to Phelps Dodge, and any 
of the Cities, attached as exhibits to the Gila River agree-
ment, are authorized, ratified, and confirmed, and the Sec-
retary is directed to and shall execute the leases. To the ex-
tent amendments are executed to make such leases consistent 
with this title, such amendments are also authorized, rati-
fied, and confirmed. 
(d) RECLAIMED WATER EXCHANGE AGREEMENT.—To 
the extent it is not in conflict with the provisions of this 
Act, the Reclaimed Water Exchange Agreement among the 
cities of Chandler and Mesa, Arizona, the Community, and 
the United States, attached as exhibit 18.1 to the Gila River 
agreement, is authorized, ratified, and confirmed, and the 
Secretary shall execute the agreement. To the extent amend-
ments are executed to make the Reclaimed Water Exchange 
Agreement consistent with this title, such amendments are 
also authorized, ratified, and confirmed. 
(e) PAYMENT OF CHARGES.—Neither the Community 
nor any recipient of Community CAP water through lease 
or exchange shall be obligated to pay water service capital 
charges or any other charges, payments, or fees for the CAP
water, except as provided in the lease or exchange agree-
ment. 
(f) PROHIBITIONS.— 
(1) USE
OUTSIDE
THE
STATE.—None of the 
Community CAP water shall be leased, exchanged, 
forborne, or otherwise transferred in any way by the 
Community for use directly or indirectly outside the 
State. 
(2) USE OFF RESERVATION.—Except as author-
ized by this section and subparagraph 4.7 of the Gila 
River agreement, no water made available to the 
Community under the Gila River agreement, the 
Globe Equity Decree, the Haggard Decree, or this title 
may be sold, leased, transferred, or used off the Res-
ervation other than by exchange. 
(3) AGREEMENTS
WITH
THE
ARIZONA
WATER 
BANKING
AUTHORITY.—Nothing in this Act or the 
Gila River agreement limits the right of the Commu-
nity to enter into any agreement with the Arizona 
Water Banking Authority, or any successor agency or 
entity, in accordance with State law. 
SEC. 206. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits realized by the Com-
munity, Community members, and allottees under this title 
shall be in complete replacement of and substitution for,
and full satisfaction of, all claims of the Community, Com-
munity members, and allottees for water rights, injury to 
water rights, injury to water quality and subsidence dam-
age, except as set forth in the Gila River agreement, under 
Federal, State, or other law with respect to land within the 
exterior boundaries of the Reservation, off-Reservation trust 
land, and fee land. 
(b) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a) and except as provided in section 
204(a), nothing in this title has the effect of recognizing 
or establishing any right of a Community member or allot-
tee to water on the Reservation. 
SEC. 207. WAIVER AND RELEASE OF CLAIMS. 
(a) IN GENERAL.— 
(1) CLAIMS AGAINST THE STATE AND OTHERS.— 
(A) CLAIMS FOR WATER RIGHTS AND IN-
JURY
TO
WATER
RIGHTS
BY
THE
COMMUNITY 
AND THE UNITED STATES ON BEHALF OF THE 
COMMUNITY.—Except as provided in subpara-
graph 25.12 of the Gila River agreement, the 
Community, on behalf of the Community and 
Community members (but not members in their 
capacities as allottees), and the United States, on 
behalf of the Community and Community mem-
bers (but not members in their capacities as
(II) past, present, and future claims 
for injury to water rights arising from time 
immemorial and, thereafter, forever, that 
are based on aboriginal occupancy of land 
by the Community and Community mem-
bers, or their predecessors; and 
(III) claims for injury to water rights 
arising after the enforceability date for land 
within the exterior boundaries of the Res-
ervation, off-Reservation trust land, and fee 
land resulting from the off-Reservation di-
version or use of water in a manner not in 
violation of the Gila River agreement or 
State law; 
(iii) past, present, and future claims 
arising out of or relating in any manner to 
the negotiation or execution of the Gila 
River agreement or the negotiation or enact-
ment of titles I and II; and 
(iv)(I) past and present claims for sub-
sidence damage occurring to land within 
the exterior boundaries of the Reservation, 
off-Reservation trust land, or fee land aris-
ing from time immemorial through the en-
forceability date; and
(II) claims for subsidence damage aris-
ing after the enforceability date occurring to 
land within the exterior boundaries of the 
Reservation, off-Reservation trust land, or 
fee land resulting from the diversion of un-
derground water in a manner not in viola-
tion of the Gila River agreement or State 
law. 
(B) CLAIMS FOR WATER RIGHTS AND IN-
JURY TO WATER RIGHTS BY THE UNITED STATES 
AS TRUSTEE FOR THE ALLOTTEES.—Except as 
provided in subparagraph 25.12 of the Gila 
River agreement, the United States, as trustee 
for the allottees, as part of the performance of its 
obligations under the Gila River agreement, is 
authorized to execute a waiver and release of any 
claims against the State (or any agency or polit-
ical subdivision of the State) or any other per-
son, entity, corporation, or municipal corpora-
tion under Federal, State, or other law, for— 
(i)(I) past, present, and future claims 
for water rights for land within the exterior 
boundaries of the Reservation arising from 
time immemorial and, thereafter, forever; 
and
(II) past, present, and future claims 
for water rights arising from time immemo-
rial and, thereafter, forever, that are based 
on 
aboriginal 
occupancy 
of 
land 
by 
allottees, or their predecessors; 
(ii)(I) past and present claims for in-
jury to water rights for land within the ex-
terior boundaries of the Reservation arising 
from time immemorial through the enforce-
ability date; 
(II) past, present, and future claims 
for injury to water rights arising from time 
immemorial and, thereafter, forever, that 
are based on aboriginal occupancy of land 
by allottees or their predecessors; and 
(III) claims for injury to water rights 
arising after the enforceability date for land 
within the exterior boundaries of the Res-
ervation resulting from the off-Reservation 
diversion or use of water in a manner not 
in violation of the Gila River agreement or 
State law; 
(iii) past, present, and future claims 
arising out of or relating in any manner to 
the negotiation or execution of the Gila
River agreement or the negotiation or enact-
ment of titles I and II; and 
(iv) past and present claims for subsid-
ence damage occurring to land within the 
exterior boundaries of the Reservation aris-
ing from time immemorial through the en-
forceability date. 
(C) CLAIMS FOR INJURY TO WATER QUALITY 
BY
THE
COMMUNITY.—Except as provided in 
subparagraph 25.12 of the Gila River agreement, 
the Community, on behalf of the Community and 
Community members (but not members in their 
capacities as allottees), as part of the perform-
ance of its obligations under the Gila River 
agreement, is authorized to execute a waiver and 
release of any claims, and to agree to waive its 
right to request the United States to bring any 
claims, against the State (or any agency or po-
litical subdivision of the State) or any other per-
son, entity, corporation, or municipal corpora-
tion under Federal, State, or other law for— 
(i) past and present claims for injury 
to water quality (other than claims arising 
out of the actions that resulted in the reme-
diations described in exhibit 25.4.1.1 to the
Gila River agreement), including claims for 
trespass, nuisance, and real property dam-
age and claims under all current and future 
Federal, State, and other environmental 
laws and regulations, including claims 
under the Comprehensive Environmental 
Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) and the Ar-
izona Water Quality Assurance Revolving 
Fund (Ariz. Rev. Stat. 49–281 et seq. as 
amended) arising from time immemorial 
through December 31, 2002, for land within 
the exterior boundaries of the Reservation, 
off-Reservation trust land, and fee land; 
(ii) past, present, and future claims for 
injury to water quality (other than claims 
arising out of actions that resulted in the 
remediations described in exhibit 25.4.1.1 to 
the Gila River agreement), including claims 
for trespass, nuisance, and real property 
damage and claims under all current and 
future Federal, State, and other environ-
mental laws and regulations, including 
claims under the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.) 
and the Arizona Water Quality Assurance 
Revolving Fund (Ariz. Rev. Stat. 49–281 et 
seq.), arising from time immemorial and, 
thereafter, forever, that are based on ab-
original occupancy of land by the Commu-
nity and Community members, or their 
predecessors; 
(iii) claims for injury to water quality 
(other than claims arising out of actions 
that resulted in the remediations described 
in exhibit 25.4.1.1 to the Gila River agree-
ment) arising after December 31, 2002, in-
cluding claims for trespass, nuisance, and 
real property damage and claims under all 
current and future Federal, State, and other 
environmental laws and regulations, includ-
ing claims under the Comprehensive Envi-
ronmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.) 
and the Arizona Water Quality Assurance 
Revolving Fund (Ariz. Rev. Stat. 49–9281 
et seq.), that result from— 
(I) the delivery of water to the 
Community;
(II) the off-Reservation diversion 
(other than pumping), or ownership or 
operation of structures for the off-Res-
ervation diversion (other than pump-
ing), of water; 
(III) the off-Reservation pumping, 
or ownership or operation of structures 
for the off-Reservation pumping, of 
water in a manner not in violation of 
the Gila River agreement or of any ap-
plicable pumping limitations under 
State law; 
(IV) the recharge, or ownership or 
operation of structures for the recharge, 
of water under a State permit; and 
(V) the off-Reservation applica-
tion of water to land for irrigation, 
except that the waiver provided in this 
clause shall extend only to the State (or any 
agency or political subdivision of the State) 
or any other person, entity, or municipal or 
other corporation to the extent that the per-
son, entity, or corporation is engaged in an 
activity specified in this clause.
(D) PAST AND PRESENT CLAIMS FOR IN-
JURY
TO
WATER
QUALITY
BY
THE
UNITED 
STATES.—Except as provided in subparagraph 
25.12 of the Gila River agreement and except for 
any claims arising out of the actions that re-
sulted in the remediations described in exhibit 
25.4.1.1 to the Gila River agreement, the United 
States, acting as trustee for the Community, 
Community members and allottees, and as part 
of the performance of its obligations under the 
Gila River agreement, to the extent consistent 
with this section, is authorized to execute a waiv-
er and release of any claims arising from time 
immemorial through December 31, 2002, for in-
jury to water quality where all of the following 
conditions are met: 
(i) The claims are brought solely on be-
half of the Community, members, or 
allottees. 
(ii) The claims are brought against the 
State (or any agency or political subdivi-
sion of the State) or any person, entity, cor-
poration, or municipal corporation. 
(iii) The claims arise under Federal, 
State, or other law, including claims, if
any, for trespass, nuisance, and real prop-
erty damage, and claims, if any, under any 
current or future Federal, State, or other 
environmental laws or regulation, including 
under the Comprehensive Environmental 
Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) or the Ari-
zona Water Quality Assurance Revolving 
Fund (Ariz. Rev. Stat. 49–281 et seq.). 
(iv) The claimed injury is to land, 
water, or natural resources located on trust 
land within the exterior boundaries of the 
Reservation or on off-Reservation trust 
land. 
(E) FUTURE CLAIMS FOR INJURY TO WATER 
QUALITY BY THE UNITED STATES.—Except as 
provided in subparagraph 25.12 of the Gila 
River agreement and except for any claims aris-
ing out of the actions that resulted in the remedi-
ations described in exhibit 25.4.1.1 to the Gila 
River agreement, the United States, in its own 
right and as trustee for the Community, its 
members and allottees, as part of the perform-
ance of its obligations under the Gila River 
agreement, to the extent consistent with this sec-
tion, is authorized to execute a waiver and re-
lease of the following claims for injury or threat 
of injury to water quality arising after December 
31, 2002, against the State (or any agency or 
political subdivision of the State) or any other 
person, entity, corporation, or municipal cor-
poration under Federal, State, or other law: 
(i) All common law claims for injury 
or threat of injury to water quality where 
the injury or threat of injury asserted is to 
the Community’s, Community members’ or 
allottees’ interests in trust land, water, or 
natural resources located within the exterior 
boundaries of the Reservation or within off- 
Reservation trust lands caused by— 
(I) the delivery of water to the 
Community; 
(II) the off-Reservation diversion 
(other than pumping), or ownership or 
operation of structures for the off-Res-
ervation diversion (other than pump-
ing), of water; 
(III) the off-Reservation pumping, 
or ownership or operation of structures 
for the off-Reservation pumping, of
water in a manner not in violation of 
the Gila River agreement or of any ap-
plicable pumping limitations under 
State law; 
(IV) the recharge, or ownership or 
operation of structures for the recharge, 
of water under a State permit; and 
(V) the off-Reservation applica-
tion of water to land for irrigation. 
(ii) 
All 
natural 
resource 
damage 
claims for injury or threat of injury to 
water quality where the United States, 
through the Secretary of the Interior or 
other designated officials, would act on be-
half of the Community, its members or 
allottees as a natural resource trustee pur-
suant to the National Contingency Plan, (as 
currently set forth in section 300.600(b)(2) 
of title 40, Code of Federal Regulations, or 
as it may hereafter be amended), and where 
the claim is based on injury to natural re-
sources or threat of injury to natural re-
sources within the exterior boundaries of the 
Reservation or off-Reservation trust lands, 
caused by—
(I) the delivery of water to the 
Community; 
(II) the off-Reservation diversion 
(other than pumping), or ownership or 
operation of structures for the off-Res-
ervation diversion (other than pump-
ing), of water; 
(III) the off-Reservation pumping, 
or ownership or operation of structures 
for the off-Reservation pumping, of 
water in a manner not in violation of 
the Gila River agreement or of any ap-
plicable pumping limitations under 
State law; 
(IV) the recharge, or ownership or 
operation of structures for the recharge, 
of water under a State permit; and 
(V) the off-Reservation applica-
tion of water to land for irrigation. 
(F) CLAIMS BY THE COMMUNITY AGAINST 
THE SALT RIVER PROJECT.— 
(i) IN GENERAL.—Except as provided 
in subparagraph 25.12 of the Gila River 
agreement, to the extent consistent with this 
section, the Community, on behalf of the
Community and Community members (but 
not 
members 
in 
their 
capacities 
as 
allottees), as part of the performance of its 
obligations under the Gila River agreement, 
is authorized to execute a waiver and re-
lease of claims against the Salt River 
Project (or its successors or assigns or its of-
ficers, 
governors, 
directors, 
employees, 
agents, or shareholders), where all of the fol-
lowing conditions are met: 
(I) The claims are brought solely 
on behalf of the Community or its, 
members. 
(II) The claims arise from the dis-
charge, 
transportation, 
seepage, 
or 
other movement of water in, through, 
or from drains, canals, or other facili-
ties or land in the Salt River Reservoir 
District to trust land located within 
the exterior boundaries of the Reserva-
tion. 
(III) The claims arise from time 
immemorial through the enforceability 
date.
(IV) The claims assert a past or 
present injury to water rights, injury 
on the Reservation to water quality, or 
injury to trust property located within 
the exterior boundaries of the Reserva-
tion. 
(ii) EFFECT OF WAIVER.—The waiver 
provided for in this subparagraph is effec-
tive as of December 31, 2002, and shall con-
tinue to preclude claims as they may arise 
until the enforceability date, or until such 
time as the Salt River Project alters its his-
torical operations of the drains, canals, or 
other facilities within the Salt River Res-
ervoir District in a manner that would 
cause significant harm to trust lands within 
the exterior boundaries of the Reservation, 
whichever occurs earlier. 
(G) CLAIMS
BY
THE
UNITED
STATES 
AGAINST THE SALT RIVER PROJECT.— 
(i) IN GENERAL.—Except as provided 
in subparagraph 25.12 of the Gila River 
agreement, to the extent consistent with this 
section, the United States, acting as trustee 
for the Community, Community members
and allottees, and as part of the perform-
ance of its obligations under the Gila River 
agreement, is authorized to execute a waiver 
and release of claims against the Salt River 
Project (or its successors or assigns or its of-
ficers, 
governors, 
directors, 
employees, 
agents, or shareholders), where all of the fol-
lowing conditions are met: 
(I) The claims are brought solely 
on behalf of the Community, members, 
or allottees. 
(II) The claims arise from the dis-
charge, 
transportation, 
seepage, 
or 
other movement of water in, through, 
or from drains, canals, or other facili-
ties or land in the Salt River Reservoir 
District to trust land located within 
the exterior boundaries of the Reserva-
tion. 
(III) The claims arise from time 
immemorial through the enforceability 
date. 
(IV) The claims assert a past or 
present injury to water rights, injury 
on the Reservation to water quality, or
injury to trust property located within 
the exterior boundaries of the Reserva-
tion. 
(ii) EFFECT OF WAIVER.—The waiver 
provided for in this subsection is effective as 
of December 31, 2002, and shall continue to 
preclude claims as they may arise until the 
enforceability date, or until such time as the 
Salt River Project alters its historical oper-
ations of the drains, canals, or other facili-
ties within the Salt River Reservoir District 
in a manner that would cause significant 
harm to trust lands within the exterior 
boundaries of the Reservation, whichever oc-
curs earlier. 
(H) UNITED
STATES
ENFORCEMENT
AU-
THORITY.—Except as provided in subparagraphs 
(D), (E), and (G), nothing in this Act or the 
Gila River agreement affects any right of the 
United States, or the State, to take any action, 
including environmental actions, under any laws 
(including regulations and the common law) re-
lating to human health, safety, or the environ-
ment.
(2) CLAIMS FOR SUBSIDENCE BY THE COMMU-
NITY, ALLOTTEES, AND THE UNITED STATES ON BE-
HALF OF THE COMMUNITY AND ALLOTTEES.—In ac-
cordance with the subsidence remediation program 
under section 209, the Community, a Community 
member, or an allottee, and the United States, on be-
half of the Community, a Community member, or an 
allottee, as part of the performance of obligations 
under the Gila River agreement, are authorized to 
execute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
State) or any other person, entity, corporation or mu-
nicipal corporation under Federal, State, or other law 
for the damage claimed. 
(3) CLAIMS AGAINST THE COMMUNITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph 25.12 of the Gila River agreement, 
to the extent consistent with this Act, the United 
States, in all its capacities (except as trustee for 
an Indian tribe other than the Community), as 
part of the performance of obligations under the 
Gila River agreement, is authorized to execute a 
waiver and release of any and all claims against 
the Community, or any agency, official, or em-
ployee of the Community, under Federal, State, 
or any other law for— 
(i) past and present claims for subsid-
ence damage to trust land within the exte-
rior boundaries of the Reservation, off-Res-
ervation trust lands, and fee land arising 
from time immemorial through the enforce-
ability date; and 
(ii) past, present, and future claims 
arising out of or relating in any manner to 
the negotiation or execution of the Gila 
River agreement or the negotiation or enact-
ment of titles I and II. 
(4) CLAIMS AGAINST THE UNITED STATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph 25.12 of the Gila River agreement, 
the Community, on behalf of the Community and 
Community members (but not members in their 
capacities as allottees), as part of the perform-
ance of obligations under the Gila River agree-
ment, is authorized to execute a waiver and re-
lease of any claim against the United States (or 
agencies, officials, or employees of the United 
States) under Federal, State, or other law for—
100 
(i)(I) past, present, and future claims 
for water rights for land within the exterior 
boundaries of the Reservation, off-Reserva-
tion trust land, and fee land arising from 
time immemorial and, thereafter, forever; 
and 
(II) past, present, and future claims 
for water rights arising from time immemo-
rial and, thereafter, forever, that are based 
on aboriginal occupancy of land by the 
Community and Community members, or 
their predecessors; 
(ii)(I) past and present claims for in-
jury to water rights for land within the ex-
terior boundaries of the Reservation, off- 
Reservation trust land, and fee land arising 
from time immemorial through the enforce-
ability date; 
(II) past, present, and future claims 
for injury to water rights arising from time 
immemorial and, thereafter, forever, that 
are based on aboriginal occupancy of land 
by the Community and Community mem-
bers, or their predecessors; and
101 
(III) claims for injury to water rights 
arising after the enforceability date for land 
within the exterior boundaries of the Res-
ervation, off-Reservation trust land, or fee 
land resulting from the off-Reservation di-
version or use of water in a manner not in 
violation of the Gila River agreement or ap-
plicable law; 
(iii) past, present, and future claims 
arising out of or relating in any manner to 
the negotiation or execution of the Gila 
River agreement or the negotiation or enact-
ment of titles I and II; 
(iv)(I) past and present claims for sub-
sidence damage occurring to land within 
the exterior boundaries of the Reservation, 
off-Reservation trust land, or fee land aris-
ing from time immemorial through the en-
forceability date; and 
(II) claims for subsidence damage aris-
ing after the enforceability date occurring to 
land within the exterior boundaries of the 
Reservation, off-Reservation trust land or 
fee land resulting from the diversion of un-
derground water in a manner not in viola-
102 
tion of the Gila River agreement or applica-
ble law; 
(v) past and present claims for failure 
to protect, acquire, or develop water rights 
for or on behalf of the Community and 
Community members arising before Decem-
ber 31, 2002; and 
(vi) past, present, and future claims 
relating to failure to assert any claims ex-
pressly 
waived 
pursuant 
to 
section 
207(a)(1) (C) through (E). 
(B) EXHAUSTION
OF
REMEDIES.—To the 
extent that members in their capacity as allottees 
assert that this title impairs or alters their 
present or future claims to water or constitutes 
an injury to present or future water rights, the 
members shall be required to exhaust their rem-
edies pursuant to the tribal water code prior to 
asserting claims against the United States. 
(5) CLAIMS AGAINST CERTAIN PERSONS AND EN-
TITIES IN THE UPPER GILA VALLEY.— 
(A) BY THE COMMUNITY AND THE UNITED 
STATES.—Except as provided in the UVD agree-
ment, the Community, on behalf of the Commu-
nity and Community members (but not members
103 
in their capacities as allottees), and the United 
States on behalf of the Community and Commu-
nity members (but not members in their capac-
ities as allottees), are authorized, as part of the 
performance of obligations under the UVD agree-
ment, to execute a waiver and release of the fol-
lowing claims against the UV signatories and 
the UV Non-signatories (and the predecessors in 
interest of each) for— 
(i)(I) past, present, and future claims 
for water rights for land within the exterior 
boundaries of the Reservation and the San 
Carlos Irrigation Project arising from time 
immemorial and, thereafter, forever; and 
(II) past, present, and future claims 
for water rights arising from time immemo-
rial and, thereafter, forever, that are based 
on aboriginal occupancy of land by the 
Community, Community members, or pred-
ecessors of the Community or Community 
members; 
(ii)(I) past, present, and future claims 
for injuries to water rights for land within 
the exterior boundaries of the Reservation or 
the San Carlos Irrigation Project arising
104 
from time immemorial and, thereafter, for-
ever; 
(II) past, present, and future claims 
for injury to water rights arising from time 
immemorial and, thereafter, forever, that 
are based on aboriginal occupancy of land 
by the Community, Community members, 
or predecessors of Community members, for 
so long as and to the extent that any indi-
vidual beneficiary of such waiver is acting 
in a manner that is consistent with and not 
in violation of or contrary to the terms, 
conditions, requirements, limitations, or 
other provisions of the UVD agreement; 
(III) claims for injury to water rights 
arising after the enforceability date for land 
within the exterior boundaries of the Res-
ervation and the San Carlos Irrigation 
Project, resulting from the diversion, pump-
ing, or use of water in a manner that is 
consistent with and not in violation of or 
contrary to the terms, conditions, limita-
tions, requirements, or provisions of the 
UVD agreement; and
105 
(IV) claims for injury to water rights 
arising after the enforceability date for 
water rights transferred to the Project pur-
suant to section 211 resulting from the di-
version, pumping or use of water in a man-
ner that is consistent with and not in viola-
tion of or contrary to the terms, conditions, 
limitations, requirements, or provisions of 
the UVD agreement; 
(iii)(I) past, present, and future claims 
for injuries to water rights arising out of or 
relating to the use of water rights appur-
tenant to New Mexico 381 acres, on the con-
ditions that such water rights remain sub-
ject to the oversight and reporting require-
ments set forth in the decree in Arizona v. 
California, 376 U.S. 340 (1964), and that 
the State of New Mexico shall make avail-
able on request a copy of any records pre-
pared pursuant to that decree; and 
(II) past, present, and future claims 
arising out of and relating to the use of 
water rights for New Mexico domestic pur-
poses, on the conditions that such water 
rights remain subject to the oversight and
106 
reporting requirements set forth in the de-
cree in Arizona v. California, 376 U.S. 340 
(1964), and that the State of New Mexico 
shall make available on request a copy of 
any records prepared pursuant to that de-
cree; and 
(iv) past, present, and future claims 
arising out of or relating to the negotiation 
or execution of the UVD agreement, or the 
negotiation or enactment of titles I and II. 
(B) BY THE UNITED STATES ON BEHALF OF 
ALLOTTEES.—Except as provided in the UVD 
agreement, to the extent consistent with this sec-
tion, the United States as trustee for the 
allottees, as part of the performance under the 
UVD agreement, is authorized to execute a waiv-
er and release of the following claims under Fed-
eral, State, or other law against the UV signato-
ries and the UV Non-signatories (and the prede-
cessors in interest of each) for— 
(i)(I) past, present, and future claims 
for water rights for land within the exterior 
boundaries of the Reservation arising from 
time immemorial, and thereafter, forever; 
and
107 
(II) past, present, and future claims 
for water rights arising from time immemo-
rial and, thereafter, forever, that are based 
on aboriginal occupancy of lands by 
allottees or their predecessors; 
(ii)(I) past and present claims for in-
jury to water rights for lands within the ex-
terior boundaries of the Reservation arising 
from time immemorial, through the enforce-
ability date, for so long as and to the extent 
that any individual beneficiary of such 
waiver is acting in a manner that is con-
sistent with and not in violation of or con-
trary to the terms, conditions, requirements, 
limitations, or other provisions of the UVD 
agreement; 
(II) past, present, and future claims 
for injury to water rights arising from time 
immemorial and, thereafter, forever, that 
are based on aboriginal occupancy of lands 
by allottees or their predecessors, for so long 
as and to the extent that any individual 
beneficiary of such waiver is acting in a 
manner that is consistent with and not in 
violation of or contrary to the terms, condi-
109 
rights for New Mexico domestic purposes, on 
the conditions that such water rights re-
main subject to the oversight and reporting 
requirements set forth in the decree in Ari-
zona v. California, 376 U.S. 340 (1964), as 
supplemented, and that the State of New 
Mexico shall make available on request a 
copy of any records prepared pursuant to 
that decree; and 
(iv) past, present, and future claims 
arising out of or relating to the negotiation 
or execution of the UVD agreement, or the 
negotiation or enactment of titles I and II. 
(C) 
ADDITIONAL
WAIVER
OF
CERTAIN 
CLAIMS
BY
THE
UNITED
STATES.—Except as 
provided in the UVD Agreement, the United 
States (to the extent the waiver and release au-
thorized by this subparagraph is not duplicative 
of the waiver and release provided in subpara-
graph (B) and to the extent the United States 
holds legal title to (but not the beneficial interest 
in) the water rights as described in article V or 
VI of the Globe Equity Decree (but not on behalf 
of the San Carlos Apache Tribe pursuant to arti-
cle VI(2) of the Globe Equity Decree) on behalf
111 
within the San Carlos Irrigation and 
Drainage District and the Miscellaneous 
Flow Lands resulting from the diversion, 
pumping, or use of water in a manner that 
is consistent with and not in violation of or 
contrary to the terms, conditions, limita-
tions, requirements, or provisions of the 
UVD agreement; 
(iii)(I) past, present, and future claims 
for injuries to water rights arising out of or 
relating to the use of water rights appur-
tenant to New Mexico 381 acres, on the con-
ditions that such water rights remain sub-
ject to the oversight and reporting require-
ments set forth in the decree in Arizona v. 
California, 376 U.S. 340 (1964), as supple-
mented, and that the State of New Mexico 
shall make available on request a copy of 
any records prepared pursuant to that de-
cree; and 
(II) past, present, and future claims 
arising out of or relating to the use of water 
rights for New Mexico domestic purposes, on 
the conditions that such water rights re-
main subject to the oversight and reporting
112 
requirements set forth in the decree in Ari-
zona v. California, 376 U.S. 340 (1964), as 
supplemented, and that the State of New 
Mexico shall make available on request a 
copy of any records prepared pursuant to 
that decree; and 
(iv) past, present, and future claims 
arising out of or relating to the negotiation 
or execution of the UVD agreement, or the 
negotiation or enactment of titles I and II. 
(6) TRIBAL WATER QUALITY STANDARDS.—The 
Community, on behalf of the Community and Com-
munity members, as part of the performance of its ob-
ligations under the Gila River agreement, is author-
ized to agree never to adopt any water quality stand-
ards, or ask the United States to promulgate such 
standards, that are more stringent than water quality 
standards adopted by the State if the Community’s 
adoption of such standards could result in the imposi-
tion by the State or the United States of more strin-
gent water quality limitations or requirements than 
those that would otherwise be imposed by the State or 
the United States on— 
(A) any water delivery system used to de-
liver water to the Community; or
113 
(B) the discharge of water into any such 
system. 
(b) EFFECTIVENESS OF WAIVER AND RELEASES.— 
(1) IN
GENERAL.—The waivers under para-
graphs (1) and (3) through (5) of subsection (a) shall 
become effective on the enforceability date. 
(2) CLAIMS
FOR
SUBSIDENCE
DAMAGE.—The 
waiver under subsection (a)(2) shall become effective 
on execution of the waiver by— 
(A) the Community, a Community member, 
or an allottee; and 
(B) the United States, on behalf of the Com-
munity, a Community member, or an allottee. 
(c) ENFORCEABILITY DATE.— 
(1) IN GENERAL.—This section takes effect on the 
date on which the Secretary publishes in the Federal 
Register a statement of findings that— 
(A) to the extent the Gila River agreement 
conflicts with this title, the Gila River agreement 
has been revised through an amendment to elimi-
nate the conflict and the Gila River agreement, 
so revised, has been executed by the Secretary 
and the Governor of the State; 
(B) the Secretary has fulfilled the require-
ments of—
114 
(i) paragraphs (1)(A)(i) and (2) of 
subsection (a) and subsections (b) and (d) of 
section 104; and 
(ii) sections 204, 205, and 209(a); 
(C) the master agreement authorized, rati-
fied, and confirmed by section 106(a) has been 
executed by the parties to the master agreement, 
and all conditions to the enforceability of the 
master agreement have been satisfied; 
(D) $53,000,000 has been identified and re-
tained in the Lower Colorado River Basin Devel-
opment Fund for the benefit of the Community 
in accordance with section 107(b); 
(E) the State has appropriated and paid to 
the Community any amount to be paid under 
paragraph 27.4 of the Gila River agreement; 
(F) the Salt River Project has paid to the 
Community $500,000 under subparagraph 16.9 
of the Gila River agreement; 
(G) the judgments and decrees attached to 
the Gila River agreement as exhibits 25.18A 
(Gila River adjudication proceedings) and 
25.18B (Globe Equity Decree proceedings) have 
been approved by the respective courts;
115 
(H) the dismissals attached to the Gila 
River agreement as exhibits 25.17.1A and B, 
25.17.2, and 25.17.3A and B have been filed 
with the respective courts and any necessary dis-
missal orders entered; 
(I) legislation has been enacted by the State 
to— 
(i) implement the Southside Replenish-
ment Program in accordance with subpara-
graph 5.3 of the Gila River agreement; 
(ii) authorize the firming program re-
quired by section 105; and 
(iii) establish the Upper Gila River 
Watershed Maintenance Program in accord-
ance with subparagraph 26.8.1 of the Gila 
River agreement; 
(J) the State has entered into an agreement 
with the Secretary to carry out the obligation of 
the State under section 105(b)(2)(A); and 
(K) a final judgment has been entered in 
Central Arizona Water Conservation District v. 
United 
States 
(No. 
CIV 
95–625–TUC– 
WDB(EHC), 
No. 
CIV 
95–1720PHX–EHC) 
(Consolidated Action) in accordance with the re-
payment stipulation.
116 
(2) FAILURE
OF
ENFORCEABILITY
DATE
TO 
OCCUR.—If, because of the failure of the enforceability 
date to occur by December 31, 2007, this section does 
not become effective, the Community, Community 
members, and allottees, and the United States on be-
half of the San Carlos Irrigation and Drainage Dis-
trict, the Community, Community members, and 
allottees, shall retain the right to assert past, present, 
and future water rights claims, claims for injury to 
water rights, claims for injury to water quality, and 
claims for subsidence damage as to all land within 
the exterior boundaries of the Reservation, off-Res-
ervation trust land, and fee land. 
(d) ALL LAND WITHIN EXTERIOR BOUNDARIES OF 
THE RESERVATION.—Notwithstanding section 2(42), for 
purposes of this section, section 206, and section 210(d)— 
(1) the term ‘‘land within the exterior bound-
aries of the Reservation’’ includes— 
(A) land within the Reservation created 
pursuant to the Act of February 28, 1859, and 
modified by the executive orders of August 31, 
1876, June 14, 1879, May 5, 1882, November 15, 
1883, July 31, 1911, June 2, 1913, August 27, 
1914, and July 19, 1915; and
117 
(B) land located in sections 16 and 36, T. 
4 S., R. 4 E., Salt and Gila River Baseline and 
Meridian; and 
(2) the term ‘‘off-Reservation’’ refers to land lo-
cated outside the exterior boundaries of the Reserva-
tion (as defined in paragraph (1)). 
(e) NO RIGHTS TO WATER.—Upon the occurrence of 
the enforceability date— 
(1) all land held by the United States in trust 
for the Community, Community members, and 
allottees and all land held by the Community within 
the exterior boundaries of the Reservation shall have 
no rights to water other than those specifically grant-
ed to the Community and the United States for the 
Reservation pursuant to paragraph 4.0 of the Gila 
River agreement; and 
(2) all water usage on land within the exterior 
boundaries of the Reservation, including the land lo-
cated in sections 16 and 36, T. 4 S., R. 4 E., Salt 
and Gila River Baseline and Meridian, upon acquisi-
tion by the Community or the United States on behalf 
of the Community, shall be taken into account in de-
termining compliance by the Community and the 
United States with the limitations on total diversions
118 
specified in subparagraph 4.2 of the Gila River agree-
ment. 
SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R 
TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Gila River Indian Community Water OM&R Fund’’, to 
be managed and invested by the Secretary, consisting of 
$53,000,000, the amount made available for this purpose 
under paragraph (2)(B) of section 403(f) of the Colorado 
River Basin Project Act (43 U.S.C. 1543(f)) (as amended 
by section 107(a)). 
(b) MANAGEMENT.—The Secretary shall manage the 
Water OM&R Fund, make investments from the Fund, and 
make monies available from the Fund for distribution to 
the Community consistent with the American Indian Trust 
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
seq.), hereafter referred to in this section as the ‘‘Trust Fund 
Reform Act’’. 
(c) INVESTMENT OF THE FUND.—The Secretary shall 
invest amounts in the Fund in accordance with— 
(1) the Act of April 1, 1880 (21 Stat. 70, chapter 
41; 25 U.S.C. 161); 
(2) the first section of the Act of June 24, 1938 
(52 Stat. 1037, chapter 648; 25 U.S.C. 162a); and
119 
(3) subsection (b). 
(d) EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN
GENERAL.—The Community may 
withdraw all or part of the Water OM&R Fund 
on approval by the Secretary of a tribal manage-
ment plan as described in the Trust Fund Re-
form Act. 
(B) REQUIREMENTS.—In addition to the 
requirements under the Trust Fund Reform Act, 
the tribal management plan shall require that 
the Community only spend any funds, as pro-
vided in the Gila River agreement, to assist in 
paying operation, maintenance, and replacement 
costs associated with the delivery of CAP water 
for Community purposes. 
(2) ENFORCEMENT.—The Secretary may take ju-
dicial or administrative action to enforce the provi-
sions of any tribal management plan to ensure that 
the monies withdrawn from the Water OM&R Fund 
are used in accordance with this Act. 
(3) LIABILITY.—If the Community exercises the 
right to withdraw monies from the Water OM&R 
Fund, neither the Secretary nor the Secretary of the
120 
Treasury shall retain any liability for the expendi-
ture or investment of the monies withdrawn. 
(4) EXPENDITURE PLAN.— 
(A) IN
GENERAL.—The Community shall 
submit to the Secretary for approval an expendi-
ture plan for any portion of the funds made 
available under this section that the Community 
does not withdraw under this subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the pur-
poses for which, funds of the Community re-
maining in the Water OM&R Fund will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Secretary 
shall approve the plan if the Secretary deter-
mines that the plan is reasonable and consistent 
with this Act. 
(5) ANNUAL
REPORT.—The Community shall 
submit to the Secretary an annual report that de-
scribes all expenditures from the Water OM&R Fund 
during the year covered by the report. 
(e) NO DISTRIBUTION TO MEMBERS.—No part of the 
principal of the Water OM&R Fund, or of the interest or 
income accruing on the principal, shall be distributed to 
any Community member on a per capita basis.
121 
(f) FUNDS NOT AVAILABLE UNTIL ENFORCEABILITY 
DATE.—Amounts in the Water OM&R Fund shall not be 
available for expenditure or withdrawal by the Community 
until the enforceability date, or until January 1, 2010, 
whichever is later. 
SEC. 209. SUBSIDENCE REMEDIATION PROGRAM. 
(a) IN GENERAL.—Subject to the availability of funds 
and consistent with the provisions of section 107(a), the 
Secretary shall establish a program under which the Bu-
reau of Reclamation shall repair and remediate subsidence 
damage and related damage that occurs after the enforce-
ability date. 
(b) DAMAGE.—Under the program, the Community, a 
Community member, or an allottee may submit to the Sec-
retary a request for the repair or remediation of— 
(1) subsidence damage; and 
(2) damage to personal property caused by the 
settling of geologic strata or cracking in the earth’s 
surface of any length or depth, which settling or 
cracking is caused by pumping of underground water. 
(c) REPAIR OR REMEDIATION.—The Secretary shall 
perform the requested repair or remediation if— 
(1) the Secretary determines that the Community 
has not exceeded its right to withdraw underground 
water under the Gila River agreement; and
122 
(2) the Community, Community member, or al-
lottee, and the Secretary as trustee for the Commu-
nity, Community member, or allottee, execute a waiv-
er and release of claim in the form specified in ex-
hibit 25.9.1, 25.9.2, or 25.9.3 to the Gila River agree-
ment, as applicable, to become effective on satisfactory 
completion of the requested repair or remediation, as 
determined under the Gila River agreement. 
(d) SPECIFIC SUBSIDENCE DAMAGE.—Subject to the 
availability of funds, the Secretary, acting through the 
Commissioner of Reclamation, shall repair, remediate, and 
rehabilitate the subsidence damage that has occurred to 
land before the enforceability date within the Reservation, 
as specified in exhibit 30.21 to the Gila River agreement. 
SEC. 210. AFTER-ACQUIRED TRUST LAND. 
(a) REQUIREMENT OF ACT OF CONGRESS.—The Com-
munity may seek to have legal title to additional land in 
the State located outside the exterior boundaries of the Res-
ervation taken into trust by the United States for the benefit 
of the Community pursuant only to an Act of Congress en-
acted after the date of enactment of this Act specifically au-
thorizing the transfer for the benefit of the Community. 
(b) WATER RIGHTS.—After-acquired trust land shall 
not include federally reserved rights to surface water or 
groundwater.
123 
(c) SENSE OF CONGRESS.—It is the sense of Congress 
that future Acts of Congress authorizing land to be taken 
into trust under subsection (a) should provide that such 
land will have only such water rights and water use privi-
leges as would be consistent with State water law and State 
water management policy. 
(d) ACCEPTANCE OF LAND IN TRUST STATUS.— 
(1) IN GENERAL.—If the Community acquires 
legal fee title to land that is located within the exte-
rior boundaries of the Reservation (as defined in sec-
tion 207(d)), the Secretary shall accept the land in 
trust status for the benefit of the Community upon re-
ceipt by the Secretary of a submission from the Com-
munity that provides evidence that— 
(A) the land meets the Department of the 
Interior’s minimum environmental standards 
and requirements for real estate acquisitions set 
forth in 602 DM 2.6, or any similar successor 
standards or requirements for real estate acquisi-
tions in effect on the date of the Community’s 
submission; and 
(B) the title to the land meets applicable 
Federal title standards in effect on the date of 
the Community’s submission.
124 
(2) RESERVATION STATUS.—Land taken or held 
in trust by the Secretary under paragraph (1) shall 
be deemed part of the Community’s reservation. 
SEC. 211. REDUCTION OF WATER RIGHTS. 
(a) REDUCTION OF TBI ELIGIBLE ACRES.— 
(1) IN GENERAL.—Consistent with this title and 
as provided in the UVD agreement to assist in reduc-
ing the total water demand for irrigation use in the 
upper valley of the Gila River, the Secretary shall 
provide funds to the Gila Valley Irrigation District 
and the Franklin Irrigation District (hereafter in this 
section referred to as ‘‘the Districts’’) for the acquisi-
tion of UV decreed water rights and the extinguish-
ment of those rights to decrease demands on the Gila 
River, or severance and transfer of those rights to the 
San Carlos Irrigation Project for the benefit of the 
Community and the San Carlos Irrigation and 
Drainage District in accordance with applicable law. 
(2) ACQUISITIONS.— 
(A) REQUIRED PHASE I ACQUISITION.—Not 
later than December 31 of the third calendar 
year that begins after the enforceability date (or 
December 31 of the first calendar year that be-
gins after the payment provided by subpara-
graph (D)(iii), if later), the Districts shall ac-
126 
(D) METHODS OF ACQUISITION FOR RIGHTS 
ACQUIRED
PURSUANT
TO
SUBPARAGRAPHS
(A) 
AND (B).— 
(i) DETERMINATION OF VALUE.— 
(I) APPRAISALS.—Not later than 
December 31 of the first calendar year 
that begins after the enforceability date 
in the case of the phase I acquisition, 
and not later than December 31 of the 
fourth calendar year that begins after 
the enforceability date in the case of 
the phase II acquisition, the Districts 
shall submit to the Secretary an ap-
praisal of the average value of water 
rights appurtenant to 1,000 TBI eligi-
ble acres. 
(II) 
REVIEW.—The 
Secretary 
shall review the appraisal submitted to 
ensure its consistency with the Uni-
form Appraisal Standards for Federal 
Land Acquisition and notify the Dis-
tricts of the results of the review within 
30 days of submission of the appraisal. 
In the event that the Secretary finds 
that the appraisal is not consistent
127 
with such standards, the Secretary 
shall so notify the Districts with a full 
explanation of the reasons for that 
finding. Within 60 days of being noti-
fied by the Secretary that the ap-
praisal is not consistent with such 
Standards, the Districts shall resubmit 
an appraisal to the Secretary that is 
consistent with such standards. The 
Secretary shall review the resubmitted 
appraisal to ensure its consistency 
with nationally approved standards 
and notify the Districts of the results 
of the review within 30 days of resub-
mission. 
(III) PETITION.—In the event 
that the Secretary finds that such re-
submitted appraisal is not consistent 
with those Standards, either the Dis-
tricts or the Secretary may petition a 
Federal court in the District of Ari-
zona for a determination of whether 
the appraisal is consistent with na-
tionally approved Standards. If such 
court finds the appraisal is so con-
128 
sistent, the value stated in the ap-
praisal shall be final for all purposes. 
If such court finds the appraisal is not 
so consistent, the court shall determine 
the average value of water rights ap-
purtenant to 1,000 TBI eligible acres. 
(IV) NO OBJECTION.—If the Sec-
retary does not object to an appraisal 
within the time periods provided in 
this clause (i), the value determined in 
the appraisal shall be final for all pur-
poses. 
(ii) APPRAISAL.—In determining the 
value of water rights pursuant to this para-
graph, any court, the Districts, the Sec-
retary, and any appraiser shall take into 
account the obligations the owner of the 
land (to which the rights are appurtenant) 
will have after acquisition for phreatophyle 
control as provided in the UVD agreement 
and to comply with environmental laws be-
cause of the acquisition and severance and 
transfer or extinguishment of the water 
rights.
129 
(iii) PAYMENT.—No more than 30 
days after the average value of water rights 
appurtenant to 1,000 acres of land has been 
determined in accordance with clauses (i) 
and (ii), the Secretary shall pay 125 per-
cent of such values to the Districts. 
(iv) REDUCTION
OF
ACREAGE.—No 
later than December 31 of the first calendar 
year that begins after each such payment, 
the Districts shall acquire the UV decreed 
water rights appurtenant to one thousand 
(1,000) acres of lands that would have been 
included in the calculation of TBI eligible 
acres (other than special hot lands), if the 
calculation of TBI eligible acres had been 
undertaken at the time of acquisition. To 
the extent possible, the Districts shall select 
the rights to be acquired in compliance with 
subsection 5.3.7 of the UVD agreement. 
(3) REDUCTION OF TBI ELIGIBLE ACRES.—Si-
multaneously with the acquisition of UV decreed 
water rights under paragraph (2), the number of TBI 
eligible acres, but not the number of acres of UV sub-
jugated land, shall be reduced by the number of acres 
associated with those UV decreed water rights.
130 
(4) ALTERNATIVES TO ACQUISITION.— 
(A) SPECIAL HOT LANDS.—After the pay-
ments provided by paragraph (2)(D)(iii), the 
Districts may fulfill the requirements of para-
graphs (2) and (3) in full or in part, by entering 
into an agreement with an owner of special hot 
lands to prohibit permanently future irrigation 
of the special hot lands if the UVD settling par-
ties simultaneously— 
(i) acquire UV decreed water rights as-
sociated with a like number of UV decreed 
acres that are not TBI eligible acres; and 
(ii) sever and transfer those rights to 
the San Carlos Irrigation Project for the 
benefit of the Community and the San Car-
los Irrigation and Drainage District. 
(B) FALLOWING
AGREEMENT.—After the 
payment provided by paragraph (2)(D)(iii), the 
Districts may fulfill the requirements of para-
graphs (2) and (3) in full or in part, by entering 
into an agreement with 1 or more owners of UV 
decreed acres and the UV irrigation district in 
which the acres are located, if any, under 
which—
131 
(i) the number of TBI eligible acres is 
reduced; but 
(ii) the owner of the UV decreed acres 
subject to the reduction is permitted to peri-
odically irrigate the UV decreed acres under 
a fallowing agreement authorized under the 
UVD agreement. 
(5) 
DISPOSITION
OF
ACQUIRED
WATER 
RIGHTS.— 
(A) IN GENERAL.—Of the UV decreed water 
rights acquired by the Districts pursuant to sub-
paragraphs (A) and (B) of paragraph (2), the 
Districts shall, in accordance with all applicable 
law and the UVD agreement— 
(i) sever, and transfer to the San Car-
los Irrigation Project for the benefit of the 
Community and the San Carlos Irrigation 
and Drainage District, the UV decreed 
water rights associated with up to 900 UV 
decreed acres; and 
(ii) extinguish the balance of the UV 
decreed water rights so acquired (except and 
only to the extent that those rights are asso-
ciated with a fallowing agreement author-
ized under paragraph (4)(B)).
132 
(B) SAN CARLOS APACHE SETTLEMENT.— 
With respect to water rights acquired by the Sec-
retary pursuant to paragraph (2)(C), the Sec-
retary shall, in accordance with applicable 
law— 
(i) cause to be severed and transferred 
to the San Carlos Irrigation Project, for the 
benefit of the Community and the San Car-
los Irrigation and Drainage District, the 
UV decreed water rights associated with 200 
UV decreed acres; 
(ii) cause to be extinguished the UV de-
creed water rights associated with 300 UV 
decreed acres; and 
(iii) cause to be transferred the balance 
of those acquired water rights to the San 
Carlos Apache Tribe pursuant to the terms 
of the settlement described in paragraph 
(2)(C). 
(6) MITIGATION.—To the extent the Districts, 
after 
the 
payments 
provided 
by 
paragraph 
(2)(D)(iii), do not comply with the acquisition re-
quirements of paragraph (2) or otherwise comply 
with the alternatives to acquisition provided by para-
graph (4), the Districts shall provide mitigation to
133 
the San Carlos Irrigation Project as provided by the 
UVD agreement. 
(b) ADDITIONAL REDUCTIONS.— 
(1) COOPERATIVE PROGRAM.—In addition to the 
reduction of TBI eligible acres to be accomplished 
under subsection (a), not later than 1 year after the 
enforceability date, the Secretary and the UVD set-
tling parties shall cooperatively establish a program 
to purchase and extinguish UV decreed water rights 
associated with UV decreed acres that have not been 
recently irrigated. 
(2) FOCUS.—The primary focus of the program 
under paragraph (1) shall be to prevent any land 
that contains riparian habitat from being reclaimed 
for irrigation. 
(3) FUNDS
AND
RESOURCES.—The program 
under this subsection shall not require any expendi-
ture of funds, or commitment of resources, by the 
UVD signatories other than such incidental expendi-
tures of funds and commitments of resources as are 
required to cooperatively participate in the program. 
SEC. 212. NEW MEXICO UNIT OF THE CENTRAL ARIZONA 
PROJECT. 
(a) REQUIRED APPROVALS.—The Secretary shall not 
execute the Gila River agreement pursuant to section
134 
203(b), and the agreement shall not become effective, unless 
and until the New Mexico Consumptive Use and Forbear-
ance Agreement has been executed by all signatory parties 
and approved by the State of New Mexico. 
(b) NEW MEXICO CONSUMPTIVE USE AND FORBEAR-
ANCE AGREEMENT.— 
(1) IN GENERAL.—Except to the extent a provi-
sion of the New Mexico Consumptive Use and For-
bearance Agreement conflicts with a provision of this 
title, the New Mexico Consumptive Use and Forbear-
ance Agreement is authorized, ratified, and con-
firmed. To the extent amendments are executed to 
make the New Mexico Consumptive Use and Forbear-
ance Agreement consistent with this title, such 
amendments are also authorized, ratified, and con-
firmed. 
(2) EXECUTION.—To the extent the New Mexico 
Consumptive Use and Forbearance Agreement does 
not conflict with this title, the Secretary shall execute 
the New Mexico Consumptive Use and Forbearance 
Agreement, including all exhibits to which the Sec-
retary is a party to the New Mexico Consumptive Use 
and Forbearance Agreement and any amendments to 
the New Mexico Consumptive Use and Forbearance 
necessary to make it consistent with this title.
135 
(c) NEW MEXICO UNIT AGREEMENT.—The Secretary 
is authorized to execute the New Mexico Unit Agreement, 
which agreement shall be executed within 1 year of receipt 
by the Secretary of written notice from the State of New 
Mexico that the State of New Mexico intends to build the 
New Mexico Unit, which notice must be received not later 
than December 31, 2014. The New Mexico Unit Agreement 
shall, among other things, provide that— 
(1) all funds from the Lower Colorado River 
Basin Development Fund disbursed in accordance 
with section 403(f)(2)(D) (i) and (ii) of the Colorado 
River Basin Project Act (as amended by section 
107(a)) shall be nonreimbursable (and such costs shall 
be excluded from the repayment obligation, if any, of 
the NM CAP entity under the New Mexico Unit 
Agreement); 
(2) in determining payment for CAP water 
under the New Mexico Unit Agreement, the NM CAP 
entity shall be responsible only for its share of oper-
ations, maintenance, and replacement costs (and no 
capital costs attendant to other units or portions of 
the Central Arizona Project shall be charged to the 
NM CAP entity); 
(3) upon request by the NM CAP entity, the Sec-
retary shall transfer to the NM CAP entity the re-
136 
sponsibility to design, build, or operate and maintain 
the New Mexico Unit, or all or any combination of 
those responsibilities, provided that the Secretary 
shall not transfer the authority to divert water pursu-
ant to the New Mexico Consumptive Use and Forbear-
ance Agreement, provided further that the Secretary, 
shall remain responsible to the parties to the New 
Mexico Consumptive Use and Forbearance Agreement 
for the NM CAP entity’s compliance with the terms 
and conditions of that agreement; 
(4) the Secretary shall divert water and other-
wise exercise her rights and authorities pursuant to 
the New Mexico Consumptive Use and Forbearance 
Agreement solely for the benefit of the NM CAP entity 
and for no other purpose; 
(5) the NM CAP entity shall own and hold title 
to all portions of the New Mexico Unit constructed 
pursuant to the New Mexico Unit Agreement; and 
(6) the Secretary shall provide a waiver of sov-
ereign immunity for the sole and exclusive purpose of 
resolving a dispute in Federal court of any claim, 
dispute, or disagreement arising under the New Mex-
ico Unit Agreement.
137 
(d) AMENDMENT TO SECTION 304.—Section 304(f) of 
the Colorado River Basin Project Act (43 U.S.C. 1524(f)) 
is amended— 
(1) by striking paragraph (1) and inserting the 
following: ‘‘(1) In the operation of the Central Ari-
zona Project, the Secretary shall offer to contract with 
water users in the State of New Mexico, with the ap-
proval of its Interstate Stream Commission, or with 
the State of New Mexico, through its Interstate 
Stream Commission, for water from the Gila River, 
its tributaries and underground water sources in 
amounts that will permit consumptive use of water in 
New Mexico of not to exceed an annual average in 
any period of 10 consecutive years of 14,000 acre-feet, 
including reservoir evaporation, over and above the 
consumptive uses provided for by article IV of the de-
cree of the Supreme Court of the United States in Ar-
izona v. California (376 U.S. 340). Such increased 
consumptive uses shall continue only so long as deliv-
ery of Colorado River water to downstream Gila 
River users in Arizona is being accomplished in ac-
cordance with this Act, in quantities sufficient to re-
place any diminution of their supply resulting from 
such diversion from the Gila River, its tributaries 
and underground water sources. In determining the
138 
amount required for this purpose, full consideration 
shall be given to any differences in the quality of the 
water involved.’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(e) COST LIMITATION.—In determining payment for 
CAP water under the New Mexico Consumptive Use and 
Forbearance Agreement, the NM CAP entity shall be respon-
sible only for its share of operations, maintenance, and re-
pair costs. No capital costs attendant to other Units or por-
tions of the Central Arizona Project shall be charged to the 
NM CAP entity. 
(f) EXCLUSION OF COSTS.—For the purpose of deter-
mining the allocation and repayment of costs of the Central 
Arizona Project under the CAP Repayment Contract, the 
costs associated with the New Mexico Unit and the delivery 
of Central Arizona Project water pursuant to the New Mex-
ico Consumptive Use and Forbearance Agreement shall be 
nonreimbursable, and such costs shall be excluded from the 
Central Arizona Water Conservation District’s repayment 
obligation. 
(g) NEW MEXICO UNIT CONSTRUCTION AND OPER-
ATIONS.—The Secretary is authorized to design, build, and 
operate and maintain the New Mexico Unit. Upon request
139 
by the State of New Mexico, the Secretary shall transfer 
to the NM CAP entity responsibility to design, build, or 
operate and maintain the New Mexico Unit, or all or any 
combination of those functions. 
(h) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL COMPLIANCE.—Upon execu-
tion of the New Mexico Consumptive Use and For-
bearance Agreement and the New Mexico Unit Agree-
ment, the Secretary shall promptly comply with all 
aspects of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.), and all 
other applicable environmental Acts and regulations. 
(2) EXECUTION OF THE NEW MEXICO CONSUMP-
TIVE USE AND FORBEARANCE AGREEMENT AND THE 
NEW
MEXICO
UNIT
AGREEMENT.—Execution of the 
New Mexico Consumptive Use and Forbearance 
Agreement and the New Mexico Unit Agreement by 
the Secretary under this section shall not constitute a 
major Federal action under the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.). The Sec-
retary is directed to carry out all necessary environ-
mental compliance required by Federal law in imple-
menting the New Mexico Consumptive Use and For-
140 
bearance Agreement and the New Mexico Unit Agree-
ment. 
(3) LEAD AGENCY.—The Bureau of Reclamation 
shall be designated as the lead agency with respect to 
environmental compliance. Upon request by the State 
of New Mexico to the Secretary, the State of New Mex-
ico shall be designated as joint lead agency with re-
spect to environmental compliance. 
(i) NEW MEXICO UNIT FUND.—The Secretary shall de-
posit the amounts made available under paragraph 
(2)(D)(i) of section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)) (as amended by section 
107(a)) into the New Mexico Unit Fund, a State of New 
Mexico Fund established and administered by the New Mex-
ico Interstate Stream Commission. Withdrawals from the 
New Mexico Unit Fund shall be for the purpose of paying 
costs of the New Mexico Unit or other water utilization al-
ternatives to meet water supply demands in the Southwest 
Water Planning Region of New Mexico, as determined by 
the New Mexico Interstate Stream Commission in consulta-
tion with the Southwest New Mexico Water Study Group 
or its successor, including costs associated with planning 
and environmental compliance activities and environ-
mental mitigation and restoration.
141 
(j) ADDITIONAL FUNDING FOR NEW MEXICO UNIT.— 
The Secretary shall pay for an additional portion of the 
costs of constructing the New Mexico Unit from funds made 
available under paragraph (2)(D)(ii) of section 403(f) of 
the Colorado River Basin Project Act (43 U.S.C. 1543(f)) 
(as amended by section 107(a)) on a construction schedule 
basis, up to a maximum amount under this subparagraph 
(j) of $34,000,000, as adjusted to reflect changes since Janu-
ary 1, 2004, in the construction cost indices applicable to 
the types of construction involved in construction of the New 
Mexico Unit, upon satisfaction of the conditions that— 
(1) the State of New Mexico must provide notice 
to the Secretary in writing not later than December 
31, 2014, that the State of New Mexico intends to 
have constructed or developed the New Mexico Unit; 
and 
(2) the Secretary must have issued in the Federal 
Register not later than December 31, 2019, a Record 
of Decision approving the project based on an envi-
ronmental analysis required pursuant to applicable 
Federal law and on a demonstration that construc-
tion of a project for the New Mexico Unit that would 
deliver an average annual safe yield, based on a 50- 
year planning period, greater than 10,000 acre feet 
per year, would not cost more per acre foot of water
142 
diverted than a project sized to produce an average 
annual safe yield of 10,000 acre feet per year. If New 
Mexico exercises all reasonable efforts to obtain the 
issuance of such Record of Decision, but the Secretary 
is not able to issue such Record of Decision by Decem-
ber 31, 2019, for reasons outside the control of the 
State of New Mexico, the Secretary may extend the 
deadline for a reasonable period of time, not to extend 
beyond December 31, 2030. 
(k) RATE OF RETURN EXCEEDING 4 PERCENT.—If the 
rate of return on carryover funds held in the Lower Colo-
rado Basin Development Fund on the date that construction 
of the New Mexico Unit is initiated exceeds an average effec-
tive annual rate of 4 percent for the period beginning on 
the date of enactment of this Act through the date of initi-
ation of construction of the New Mexico Unit, the Secretary 
shall pay an additional portion of the costs of the construc-
tion costs associated with the New Mexico Unit, on a con-
struction schedule basis, using funds made available under 
paragraph (2)(D)(ii) of section 403(f) of the Colorado River 
Basin Project Act (43 U.S.C. 1543(f)) (as amended by sec-
tion 107(a)). The amount of such additional payments shall 
be equal to 25 percent of the total return on the carryover 
funds earned during the period in question that is in excess 
of a return on such funds at an annual average effective
143 
return of 4 percent, up to a maximum total of not more 
than $28,000,000, as adjusted to reflect changes since Janu-
ary 1, 2004, in the construction cost indices applicable to 
the types of construction involved in construction of the New 
Mexico Unit. 
(l) DISCLAIMER.—Nothing in this Act shall affect, 
alter, or diminish rights to use of water of the Gila River 
within New Mexico, or the authority of the State of New 
Mexico to administer such rights for use within the State, 
as such rights are quantified by article IV of the decree of 
the United States Supreme Court in Arizona v. California 
(376 U.S. 340). 
(m) PRIORITY
OF OTHER EXCHANGES.—The Sec-
retary shall not approve any exchange of Gila River water 
for water supplied by the CAP that would amend, alter, 
or conflict with the exchanges authorized by section 304(f) 
of the Colorado River Basin Project Act (43 U.S.C. 1524(f)). 
SEC. 213. MISCELLANEOUS PROVISIONS. 
(a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 
to the Gila River agreement or signatory to an exhibit exe-
cuted pursuant to section 203(b) or to the New Mexico Con-
sumptive Use and Forbearance Agreement brings an action 
in any court of the United States or any State court relat-
ing only and directly to the interpretation or enforcement 
of this title or the Gila River agreement (including enforce-
144 
ment of any indemnity provisions contained in the Gila 
River agreement) or the New Mexico Consumptive Use and 
Forbearance Agreement, and names the United States or 
the Community as a party, or if any other landowner or 
water user in the Gila River basin in Arizona (except any 
party referred to in subparagraph 28.1.4 of the Gila River 
agreement) files a lawsuit relating only and directly to the 
interpretation or enforcement of subparagraph 6.2, sub-
paragraph 6.3, paragraph 25, subparagraph 26.2, subpara-
graph 26.8, and subparagraph 28.1.3 of the Gila River 
agreement, naming the United States or the Community as 
a party— 
(1) the United States, the Community, or both, 
may be joined in any such action; and 
(2) any claim by the United States or the Com-
munity to sovereign immunity from the action is 
waived, but only for the limited and sole purpose of 
such interpretation or enforcement (including any in-
demnity provisions contained in the Gila River agree-
ment). 
(b) EFFECT OF ACT.—Nothing in this title quantifies 
or otherwise affects the water rights, or claims or entitle-
ments to water, of any Indian tribe, band, or community, 
other than the Community.
145 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 
The United States shall not make a claim for reimburse-
ment of costs arising out of the implementation of this title 
or the Gila River agreement against any Indian-owned 
land within the Reservation, and no assessment shall be 
made in regard to those costs against that land. 
(d) NO EFFECT ON FUTURE ALLOCATIONS.—Water re-
ceived under a lease or exchange of Community CAP water 
under this title shall not affect any future allocation or re-
allocation of CAP water by the Secretary. 
(e) COMMUNITY REPAYMENT CONTRACT.—To the ex-
tent it is not in conflict with this Act, the Secretary is di-
rected to and shall execute Amendment No. 1 to the Commu-
nity repayment contract, attached as exhibit 8.1 to the Gila 
River agreement, to provide, among other things, that the 
costs incurred under that contract shall be nonreimbursable 
by the Community. To the extent amendments are executed 
to make Amendment No. 1 consistent with this title, such 
amendments are also authorized, ratified, and confirmed. 
(f) SALT RIVER PROJECT RIGHTS AND CONTRACTS.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
agreement between the United States and the Salt 
River Valley Water Users’ Association dated Sep-
tember 6, 1917, as amended, and the rights of the Salt 
River Project to store water from the Salt River and
146 
Verde River at Roosevelt Dam, Horse Mesa Dam, 
Mormon Flat Dam, Stewart Mountain Dam, Horse-
shoe Dam, and Bartlett Dam and to deliver the stored 
water to shareholders of the Salt River Project and 
others for all beneficial uses and purposes recognized 
under State law and to the Community under the 
Gila River agreement, are authorized, ratified, and 
confirmed. 
(2) PRIORITY DATE; QUANTIFICATION.—The pri-
ority date and quantification of rights described in 
paragraph (1) shall be determined in an appropriate 
proceeding in State court. 
(3) CARE, OPERATION, AND MAINTENANCE.—The 
Salt River Project shall retain authority and respon-
sibility existing on the date of enactment of this Act 
for decisions relating to the care, operation, and 
maintenance of the Salt River Project water delivery 
system, including the Salt River Project reservoirs on 
the Salt River and Verde River, vested in Salt River 
Project under the 1917 agreement, as amended, de-
scribed in paragraph (1). 
(g) UV IRRIGATION DISTRICTS.— 
(1) IN GENERAL.—As partial consideration for 
obligations the UV irrigation districts shall be under-
taking, the obligation to comply with the terms and
147 
conditions of term 5 of exhibit 2.30 (New Mexico Risk 
Allocation Terms) to the New Mexico Consumptive 
Use and Forbearance Agreement, the Gila Valley Irri-
gation District, in 2010, shall receive funds from the 
Secretary in an amount of $15,000,000 (adjusted to 
reflect changes since the date of enactment of this Act 
in the cost indices applicable to the type of design 
and construction involved in the design and construc-
tion of a pipeline at or upstream from the Ft. Thom-
as Diversion Dam to the lands farmed by the San 
Carlos Apache Tribe, together with canal connections 
upstream from the Ft. Thomas Diversion Dam and 
connection devices appropriate to introduce pumped 
water into the Pipeline). 
(2) RESTRICTION.—The funds to be received by 
the Gila Valley Irrigation District shall be used solely 
for the purpose of developing programs or con-
structing facilities to assist with mitigating the risks 
and costs associated with compliance with the terms 
and conditions of term 5 of exhibit 2.30 (New Mexico 
Risk Allocation Terms) of the New Mexico Consump-
tive and Forbearance Agreement, and for no other 
purpose. 
(h) LIMITATION ON LIABILITY OF UNITED STATES.—
148 
(1) IN GENERAL.—The United States shall have 
no trust or other obligation— 
(A) to monitor, administer, or account for, 
in any manner, any of the funds paid to the 
Community by any party to the Gila River 
agreement; or 
(B) to review or approve the expenditure of 
those funds. 
(2) INDEMNIFICATION.—The Community shall 
indemnify the United States, and hold the United 
States harmless, with respect to any and all claims 
(including claims for takings or breach of trust) aris-
ing out of the receipt or expenditure of funds de-
scribed in paragraph (1)(A). 
(i) BLUE RIDGE PROJECT TRANSFER AUTHORIZA-
TION.— 
(1) DEFINITIONS.—In this subsection: 
(A) BLUE
RIDGE
PROJECT.—The term 
‘‘Blue Ridge Project’’ means the water storage 
reservoir known as ‘‘Blue Ridge Reservoir’’ situ-
ated in Coconino and Gila Counties, Arizona, 
consisting generally of— 
(i) Blue Ridge Dam and all pipelines, 
tunnels, buildings, hydroelectric generating 
facilities, and other structures of every kind,
150 
Ridge Project shall be made in accordance with Ari-
zona law. 
(3) USE AND BENEFIT OF SALT RIVER FEDERAL 
RECLAMATION PROJECT.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the United States shall hold title to the Blue 
Ridge Project for the exclusive use and benefit of 
the Salt River Federal Reclamation Project. 
(B) AVAILABILITY OF WATER.—Up to 3,500 
acre-feet of water per year may be made avail-
able from Blue Ridge Reservoir for municipal 
and domestic uses in Northern Gila County, Ari-
zona, without cost to the Salt River Federal Rec-
lamation Project. 
(4) TERMINATION OF JURISDICTION.— 
(A) LICENSING AND REGULATORY AUTHOR-
ITY.—Upon the transfer of title of the Blue Ridge 
Project to the United States under paragraph 
(2), the Federal Energy Regulatory Commission 
shall have no further licensing and regulatory 
authority over Project Number 2304, the Blue 
Ridge Project, located within the State. 
(B) ENVIRONMENTAL LAWS.—All other ap-
plicable Federal environmental laws shall con-
tinue to apply to the Blue Ridge Project, includ-
151 
ing the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(5) CARE, OPERATION, AND
MAINTENANCE.— 
Upon the transfer of title of the Blue Ridge Project 
to the United States under paragraph (2), the Salt 
River Valley Water Users’ Association and the Salt 
River Project Agricultural Improvement and Power 
District shall be responsible for the care, operation, 
and maintenance of the project pursuant to the con-
tract between the United States and the Salt River 
Valley Water Users’ Association, dated September 6, 
1917, as amended. 
(6) C.C. CRAGIN DAM & RESERVOIR.—Upon the 
transfer of title of the Blue Ridge Project to the 
United States under paragraph (2), Blue Ridge Dam 
and Reservoir shall thereafter be known as the ‘‘C.C. 
Cragin Dam and Reservoir’’. 
(j) EFFECT
ON CURRENT LAW; JURISDICTION
OF 
COURTS.—Nothing in this section— 
(1) alters law in effect on the day before the date 
of enactment of this Act with respect to pre-enforce-
ment review of Federal environmental enforcement ac-
tions; or
152 
(2) confers jurisdiction on any State court to in-
terpret subparagraphs (D), (E), and (G) of section 
207(a)(1) where such jurisdiction does not otherwise 
exist. 
SEC. 214. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) REHABILITATION OF IRRIGATION WORKS.— 
(A) IN GENERAL.—There is authorized to be 
appropriated $52,396,000, adjusted to reflect 
changes since January 1, 2000, under subpara-
graph (B) for the rehabilitation of irrigation 
works under section 203(d)(4). 
(B) ADJUSTMENT.—The amount under sub-
paragraph (A) shall be adjusted by such 
amounts, if any, as may be required by reason 
of changes in construction costs as indicated by 
engineering cost indices applicable to the types of 
construction required by the rehabilitation. 
(2) BUREAU
OF
RECLAMATION
CONSTRUCTION 
OVERSIGHT.—There are authorized to be appropriated 
such sums as are necessary for the Bureau of Rec-
lamation to undertake the oversight of the construc-
tion projects authorized under section 203. 
(3) SUBSIDENCE
REMEDIATION
PROGRAM.— 
There are authorized to be appropriated such sums as
153 
are necessary to carry out the subsidence remediation 
program under section 209 (including such sums as 
are necessary, not to exceed $4,000,000, to carry out 
the subsidence remediation and repair required under 
section 209(d)). 
(4) WATER RIGHTS REDUCTION.—There are au-
thorized to be appropriated such sums as are nec-
essary to carry out the water rights reduction pro-
gram under section 211. 
(5) SAFFORD FACILITY.—There are authorized to 
be appropriated such sums as are necessary to— 
(A) retire $13,900,000, minus any amounts 
appropriated for this purpose, of the debt in-
curred by Safford to pay costs associated with 
the construction of the Safford facility as identi-
fied in exhibit 26.1 to the Gila River agreement; 
and 
(B) pay the interest accrued on that 
amount. 
(6) ENVIRONMENTAL
COMPLIANCE.—There are 
authorized to be appropriated— 
(A) such sums as are necessary to carry 
out— 
(i) all necessary environmental compli-
ance activities undertaken by the Secretary
154 
associated with the Gila River agreement 
and this title; 
(ii) any mitigation measures adopted 
by the Secretary that are the responsibility 
of the Community associated with the con-
struction of the diversion and delivery fa-
cilities of the water referred to in section 
204 for use on the reservation; and 
(iii) no more than 50 percent of the 
cost of any mitigation measures adopted by 
the Secretary that are the responsibility of 
the Community associated with the diver-
sion or delivery of the water referred to in 
section 204 for use on the Reservation, other 
than any responsibility related to water de-
livered to any other person by lease or ex-
change; and 
(B) to carry out the mitigation measures in 
the Roosevelt Habitat Conservation Plan, not 
more than $10,000,000. 
(7) UV IRRIGATION DISTRICTS.—There are au-
thorized to be appropriated such sums as are nec-
essary to pay the Gila Valley Irrigation District an 
amount of $15,000,000 (adjusted to reflect changes 
since the date of enactment of the Arizona Water Set-
155 
tlements Act of 2004 in the cost indices applicable to 
the type of design and construction involved in the 
design and construction of a pipeline at or upstream 
from the Ft. Thomas Diversion Dam to the lands 
farmed by the San Carlos Apache Tribe, together with 
canal connections upstream from the Ft. Thomas Di-
version Dam and connection devices appropriate to 
introduce pumped water into the Pipeline). 
(b) IDENTIFIED COSTS.— 
(1) IN
GENERAL.—Amounts made available 
under subsection (a) shall be considered to be identi-
fied costs for purposes of paragraph (2)(D)(v)(I) of 
section 403(f) of the Colorado River Basin Project Act 
(43 U.S.C. 1543(f)) (as amended by section 107(a)). 
(2) EXCEPTION.—Amounts made available under 
subsection (a)(4) to carry out section 211(b) shall not 
be considered to be identified costs for purposes of sec-
tion 403(f)(2)(D)(v)(I) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(2)(D)(v)(I)) (as 
amended by section 107(a)). 
SEC. 215. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 
If the Secretary does not publish a statement of find-
ings under section 207(c) by December 31, 2007— 
(1) except for section 213(i), this title is repealed 
effective January 1, 2008, and any action taken by
156 
the Secretary and any contract entered under any 
provision of this title shall be void; 
(2) any amounts appropriated under paragraphs 
(1) through (7) of section 214(a), together with any 
interest on those amounts, shall immediately revert to 
the general fund of the Treasury; 
(3) any amounts made available under section 
214(b) that remain unexpended shall immediately re-
vert to the general fund of the Treasury; and 
(4) any amounts paid by the Salt River Project 
in accordance with the Gila River agreement shall 
immediately be returned to the Salt River Project. 
TITLE III—SOUTHERN ARIZONA 
WATER RIGHTS SETTLEMENT 
SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLE-
MENT. 
The Southern Arizona Water Rights Settlement Act of 
1982 (96 Stat. 1274) is amended to read as follows: 
‘‘TITLE III—SOUTHERN ARIZONA 
WATER RIGHTS SETTLEMENT 
‘‘SEC. 301. SHORT TITLE. 
‘‘This title may be cited as the ‘Southern Arizona 
Water Rights Settlement Amendments Act of 2004’. 
‘‘SEC. 302. PURPOSES. 
‘‘The purposes of this title are—
157 
‘‘(1) to authorize, ratify, and confirm the agree-
ments referred to in section 309(h); 
‘‘(2) to authorize and direct the Secretary to exe-
cute and perform all obligations of the Secretary 
under those agreements; and 
‘‘(3) to authorize the actions and appropriations 
necessary for the United States to meet obligations of 
the United States under those agreements and this 
title. 
‘‘SEC. 303. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ACRE-FOOT.—The term ‘acre-foot’ means 
the quantity of water necessary to cover 1 acre of land 
to a depth of 1 foot. 
‘‘(2) AFTER-ACQUIRED TRUST LAND.—The term 
‘after-acquired trust land’ means land that— 
‘‘(A) is located— 
‘‘(i) within the State; but 
‘‘(ii) outside the exterior boundaries of 
the Nation’s Reservation; and 
‘‘(B) is taken into trust by the United 
States for the benefit of the Nation after the en-
forceability date. 
‘‘(3) AGREEMENT OF DECEMBER 11, 1980.—The 
term ‘agreement of December 11, 1980’ means the
158 
contract entered into by the United States and the 
Nation on December 11, 1980. 
‘‘(4) AGREEMENT
OF
OCTOBER
11, 1983.—The 
term ‘agreement of October 11, 1983’ means the con-
tract entered into by the United States and the Na-
tion on October 11, 1983. 
‘‘(5) ALLOTTEE.—The term ‘allottee’ means a 
person that holds a beneficial real property interest in 
an Indian allotment that is— 
‘‘(A) located within the Reservation; and 
‘‘(B) held in trust by the United States. 
‘‘(6) ALLOTTEE CLASS.—The term ‘allottee class’ 
means an applicable plaintiff class certified by the 
court of jurisdiction in— 
‘‘(A) the Alvarez case; or 
‘‘(B) the Tucson case. 
‘‘(7) ALVAREZ CASE.—The term ‘Alvarez case’ 
means the first through third causes of action of the 
third amended complaint in Alvarez v. City of Tuc-
son (Civ. No. 93–09039 TUC FRZ (D. Ariz., filed 
April 21, 1993)). 
‘‘(8) APPLICABLE
LAW.—The term ‘applicable 
law’ means any applicable Federal, State, tribal, or 
local law.
159 
‘‘(9) ASARCO.—The term ‘Asarco’ means Asarco 
Incorporated, a New Jersey corporation of that name, 
and its subsidiaries operating mining operations in 
the State. 
‘‘(10) ASARCO AGREEMENT.—The term ‘Asarco 
agreement’ means the agreement by that name at-
tached to the Tohono O’odham settlement agreement 
as exhibit 13.1. 
‘‘(11) CAP REPAYMENT CONTRACT.— 
‘‘(A) IN GENERAL.—The term ‘CAP repay-
ment contract’ means the contract dated Decem-
ber 1, 1988 (Contract No. 14–0906–09W–09245, 
Amendment No. 1) between the United States 
and the Central Arizona Water Conservation 
District for the delivery of water and the repay-
ment of costs of the Central Arizona Project. 
‘‘(B) INCLUSIONS.—The term ‘CAP repay-
ment contract’ includes all amendments to and 
revisions of that contract. 
‘‘(12) 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.).
160 
‘‘(13) CENTRAL ARIZONA PROJECT LINK PIPE-
LINE.—The term ‘Central Arizona Project link pipe-
line’ means the pipeline extending from the Tucson 
Aqueduct of the Central Arizona Project to Station 
293+36. 
‘‘(14) CENTRAL
ARIZONA
PROJECT
SERVICE 
AREA.—The term ‘Central Arizona Project service 
area’ means— 
‘‘(A) the geographical area comprised of 
Maricopa, Pinal, and Pima Counties, Arizona, 
in which the Central Arizona Water Conserva-
tion District delivers Central Arizona Project 
water; and 
‘‘(B) any expansion of that area under ap-
plicable law. 
‘‘(15) 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 repay-
ment contract. 
‘‘(16) COOPERATIVE FARM.—The term ‘coopera-
tive farm’ means the farm on land served by an irri-
gation system and the extension of the irrigation sys-
tem provided for under paragraphs (1) and (2) of sec-
tion 304(c).
161 
‘‘(17) COOPERATIVE FUND.—The term ‘coopera-
tive fund’ means the cooperative fund established by 
section 313 of the 1982 Act and reauthorized by sec-
tion 310. 
‘‘(18) DELIVERY AND DISTRIBUTION SYSTEM.— 
‘‘(A) IN GENERAL.—The term ‘delivery and 
distribution system’ means— 
‘‘(i) the Central Arizona Project aque-
duct; 
‘‘(ii) the Central Arizona Project link 
pipeline; and 
‘‘(iii) the pipelines, canals, aqueducts, 
conduits, and other necessary facilities for 
the delivery of water under the Central Ari-
zona Project. 
‘‘(B) INCLUSIONS.—The term ‘delivery and 
distribution system’ includes pumping facilities, 
power plants, and electric power transmission 
facilities external to the boundaries of any farm 
to which the water is distributed. 
‘‘(19) EASTERN
SCHUK
TOAK
DISTRICT.—The 
term ‘eastern Schuk Toak District’ means the portion 
of the Schuk Toak District (1 of 11 political subdivi-
sions of the Nation established under the constitution
162 
of the Nation) that is located within the Tucson man-
agement area. 
‘‘(20) ENFORCEABILITY
DATE.—The term ‘en-
forceability date’ means the date on which title III of 
the Arizona Water Settlements Act takes effect (as de-
scribed in section 302(b) of the Arizona Water Settle-
ments Act). 
‘‘(21) EXEMPT WELL.—The term ‘exempt well’ 
means a water well— 
‘‘(A) the maximum pumping capacity of 
which is not more than 35 gallons per minute; 
and 
‘‘(B) the water from which is used for— 
‘‘(i) the supply, service, or activities of 
households or private residences; 
‘‘(ii) landscaping; 
‘‘(iii) livestock watering; or 
‘‘(iv) the irrigation of not more than 2 
acres of land for the production of 1 or 
more agricultural or other commodities 
for— 
‘‘(I) sale; 
‘‘(II) human consumption; or 
‘‘(III) use as feed for livestock or 
poultry.
163 
‘‘(22) FEE
OWNER
OF
ALLOTTED
LAND.—The 
term ‘fee owner of allotted land’ means a person that 
holds fee simple title in real property on the Reserva-
tion that, at any time before the date on which the 
person acquired fee simple title, was held in trust by 
the United States as an Indian allotment. 
‘‘(23) FICO.—The term ‘FICO’ means collec-
tively the Farmers Investment Co., an Arizona cor-
poration of that name, and the Farmers Water Co., 
an Arizona corporation of that name. 
‘‘(24) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(25) INJURY
TO
WATER
QUALITY.—The term 
‘injury to water quality’ means any contamination, 
diminution, or deprivation of water quality under 
applicable law. 
‘‘(26) INJURY TO WATER RIGHTS.— 
‘‘(A) IN
GENERAL.—The term ‘injury to 
water rights’ means an interference with, dimi-
nution of, or deprivation of water rights under 
applicable law. 
‘‘(B) INCLUSION.—The term ‘injury to 
water rights’ includes a change in the under-
164 
ground water table and any effect of such a 
change. 
‘‘(C) EXCLUSION.—The term ‘injury to 
water rights’ does not include subsidence damage 
or injury to water quality. 
‘‘(27) IRRIGATION SYSTEM.— 
‘‘(A) IN
GENERAL.—The term ‘irrigation 
system’ means canals, laterals, ditches, sprin-
klers, bubblers, and other irrigation works used 
to distribute water within the boundaries of a 
farm. 
‘‘(B) INCLUSIONS.—The term ‘irrigation 
system’, with respect to the cooperative farm, in-
cludes activities, procedures, works, and devices 
for— 
‘‘(i) rehabilitation of fields; 
‘‘(ii) remediation of sinkholes, sinks, 
depressions, and fissures; and 
‘‘(iii) stabilization of the banks of the 
Santa Cruz River. 
‘‘(28) LOWER COLORADO RIVER BASIN DEVELOP-
MENT FUND.—The term ‘Lower Colorado River Basin 
Development Fund’ means the fund established by sec-
tion 403 of the Colorado River Basin Project Act (43 
U.S.C. 1543).
165 
‘‘(29) M&I PRIORITY WATER.—The term ‘M&I 
priority water’ means Central Arizona Project water 
that has municipal and industrial priority. 
‘‘(30) NATION.—The term ‘Nation’ means the 
Tohono O’odham Nation (formerly known as the 
Papago Tribe) organized under a constitution ap-
proved in accordance with section 16 of the Act of 
June 18, 1934 (25 U.S.C. 476). 
‘‘(31) NATION’S RESERVATION.—The term ‘Na-
tion’s Reservation’ means all land within the exterior 
boundaries of— 
‘‘(A) the Sells Tohono O’odham Reservation 
established by the Executive order of February 1, 
1917, and the Act of February 21, 1931 (46 Stat. 
1202, chapter 267); 
‘‘(B) the San Xavier Reservation established 
by the Executive order of July 1, 1874; 
‘‘(C) the Gila Bend Indian Reservation es-
tablished by the Executive order of December 12, 
1882, and modified by the Executive order of 
June 17, 1909; 
‘‘(D) the Florence Village established by 
Public Law 95µ09361 (92 Stat. 595); 
‘‘(E) all land acquired in accordance with 
the Gila Bend Indian Reservation Lands Re-
166 
placement Act (100 Stat. 1798), if title to the 
land is held in trust by the Secretary for the ben-
efit of the Nation; and 
‘‘(F) all other land to which the United 
States holds legal title in trust for the benefit of 
the Nation and that is added to the Nation’s 
Reservation or granted reservation status in ac-
cordance with applicable Federal law before the 
enforceability date. 
‘‘(32) NET IRRIGABLE ACRES.—The term ‘net ir-
rigable acres’ means, with respect to a farm, the acre-
age of the farm that is suitable for agriculture, as de-
termined by the Nation and the Secretary. 
‘‘(33) NIA PRIORITY
WATER.—The term ‘NIA 
priority water’ means Central Arizona Project water 
that has non-Indian agricultural priority. 
‘‘(34) SAN XAVIER ALLOTTEES ASSOCIATION.— 
The term ‘San Xavier Allottees Association’ means the 
nonprofit corporation established under State law for 
the purpose of representing and advocating the inter-
ests of allottees. 
‘‘(35) SAN XAVIER COOPERATIVE ASSOCIATION.— 
The term ‘San Xavier Cooperative Association’ means 
the entity chartered under the laws of the Nation (or
167 
a successor of that entity) that is a lessee of land 
within the cooperative farm. 
‘‘(36) SAN
XAVIER
DISTRICT.—The term ‘San 
Xavier District’ means the district of that name, 1 of 
11 political subdivisions of the Nation established 
under the constitution of the Nation. 
‘‘(37) SAN XAVIER DISTRICT COUNCIL.—The term 
‘San Xavier District Council’ means the governing 
body of the San Xavier District, as established under 
the constitution of the Nation. 
‘‘(38) SAN
XAVIER
RESERVATION.—The term 
‘San Xavier Reservation’ means the San Xavier In-
dian Reservation established by the Executive order of 
July 1, 1874. 
‘‘(39) SCHUK
TOAK
FARM.—The term ‘Schuk 
Toak Farm’ means a farm constructed in the eastern 
Schuk Toak District served by the irrigation system 
provided for under section 304(c)(4). 
‘‘(40) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior. 
‘‘(41) STATE.—The term ‘State’ means the State 
of Arizona. 
‘‘(42) SUBJUGATE.—The term ‘subjugate’ means 
to prepare land for agricultural use through irriga-
tion.
168 
‘‘(43) SUBSIDENCE DAMAGE.—The term ‘subsid-
ence damage’ means injury to land, water, or other 
real property resulting from the settling of geologic 
strata or cracking in the surface of the earth of any 
length or depth, which settling or cracking is caused 
by the pumping of water. 
‘‘(44) SURFACE
WATER.—The term ‘surface 
water’ means all water that is appropriable under 
State law. 
‘‘(45) TOHONO
O’ODHAM
SETTLEMENT
AGREE-
MENT.—The term ‘Tohono O’odham settlement agree-
ment’ means the agreement dated April 30, 2003 (in-
cluding all exhibits of and attachments to the agree-
ment). 
‘‘(46) TUCSON
CASE.—The term ‘Tucson case’ 
means United States et al. v. City of Tucson, et al. 
(Civ. No. 75–0939 TUC consol. with Civ. No. 75– 
0951 TUC FRZ (D. Ariz., filed February 20, 1975)). 
‘‘(47) TUCSON
INTERIM
WATER
LEASE.—The 
term ‘Tucson interim water lease’ means the lease, 
and any pre-2004 amendments and extensions of the 
lease, approved by the Secretary, between the city of 
Tucson, Arizona, and the Nation, dated October 24, 
1992.
169 
‘‘(48) TUCSON MANAGEMENT AREA.—The term 
‘Tucson management area’ means the area in the 
State comprised of— 
‘‘(A) the area— 
‘‘(i) designated as the Tucson Active 
Management 
Area 
under 
the 
Arizona 
Groundwater Management Act of 1980 
(1980 Ariz. Sess. Laws 1); and 
‘‘(ii) subsequently divided into the 
Tucson Active Management Area and the 
Santa Cruz Active Management Area (1994 
Ariz. Sess. Laws 296); and 
‘‘(B) the portion of the Upper Santa Cruz 
Basin that is not located within the area de-
scribed in subparagraph (A)(i). 
‘‘(49) TURNOUT.—The term ‘turnout’ means a 
point of water delivery on the Central Arizona Project 
aqueduct. 
‘‘(50) UNDERGROUND STORAGE.—The term ‘un-
derground storage’ means storage of water accom-
plished under a project authorized under section 
308(e). 
‘‘(51) UNITED STATES AS TRUSTEE.—The term 
‘United States as Trustee’ means the United States,
170 
acting on behalf of the Nation and allottees, but in no 
other capacity. 
‘‘(52) VALUE.—The term ‘value’ means the value 
attributed to water based on the greater of— 
‘‘(A) the anticipated or actual use of the 
water; or 
‘‘(B) the fair market value of the water. 
‘‘(53) WATER
RIGHT.—The term ‘water right’ 
means any right in or to groundwater, surface water, 
or effluent under applicable law. 
‘‘(54) 1982 ACT.—The term ‘1982 Act’ means the 
Southern Arizona Water Rights Settlement Act of 
1982 (96 Stat. 1274; 106 Stat. 3256), as in effect on 
the day before the enforceability date. 
‘‘SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGA-
TIONS. 
‘‘(a) WATER DELIVERY.—The Secretary shall deliver 
annually from the main project works of the Central Ari-
zona Project, a total of 37,800 acre-feet of water suitable 
for agricultural use, of which— 
‘‘(1) 27,000 acre-feet shall— 
‘‘(A) be deliverable for use to the San Xa-
vier Reservation; or 
‘‘(B) otherwise be used in accordance with 
section 309; and
171 
‘‘(2) 10,800 acre-feet shall— 
‘‘(A) be deliverable for use to the eastern 
Schuk Toak District; or 
‘‘(B) otherwise be used in accordance with 
section 309. 
‘‘(b) DELIVERY AND DISTRIBUTION SYSTEMS.—The 
Secretary shall (without cost to the Nation, any allottee, 
the San Xavier Cooperative Association, or the San Xavier 
Allottees Association), as part of the main project works of 
the Central Arizona Project, design, construct, operate, 
maintain, and replace the delivery and distribution systems 
necessary to deliver the water described in subsection (a). 
‘‘(c) DUTIES OF THE SECRETARY.— 
‘‘(1) COMPLETION OF DELIVERY AND DISTRIBU-
TION SYSTEM AND IMPROVEMENT TO EXISTING IRRI-
GATION SYSTEM.—Except as provided in subsection 
(d), not later than 8 years after the enforceability 
date, the Secretary shall complete the design and con-
struction of improvements to the irrigation system 
that serves the cooperative farm. 
‘‘(2) EXTENSION OF EXISTING IRRIGATION SYS-
TEM WITHIN THE SAN XAVIER RESERVATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (d), not later than 8 years after the 
enforceability date, in addition to the improve-
172 
ments described in paragraph (1), the Secretary 
shall complete the design and construction of the 
extension of the irrigation system for the cooper-
ative farm. 
‘‘(B) CAPACITY.—On completion of the ex-
tension, the extended cooperative farm irrigation 
system shall serve 2,300 net irrigable acres on 
the San Xavier Reservation, unless the Secretary 
and the San Xavier Cooperative Association 
agree on fewer net irrigable acres. 
‘‘(3) CONSTRUCTION OF NEW FARM.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (d), not later than 8 years after the 
enforceability date, the Secretary shall— 
‘‘(i) design and construct within the 
San Xavier Reservation such additional ca-
nals, laterals, farm ditches, and irrigation 
works as are necessary for the efficient dis-
tribution for agricultural purposes of that 
portion of the 27,000 acre-feet annually of 
water described in subsection (a)(1) that is 
not required for the irrigation systems de-
scribed in paragraphs (1) and (2) of sub-
section (c); or
173 
‘‘(ii) in lieu of the actions described in 
clause (i), pay to the San Xavier District 
$18,300,000 (adjusted as provided in section 
317(a)(2)) in full satisfaction of the obliga-
tions of the United States described in 
clause (i). 
‘‘(B) ELECTION.— 
‘‘(i) IN
GENERAL.—The San Xavier 
District Council may make a nonrevocable 
election whether to receive the benefits de-
scribed under clause (i) or (ii) of subpara-
graph (A) by notifying the Secretary by not 
later than 180 days after the enforceability 
date or January 1, 2010, whichever is later, 
by written and certified resolution of the 
San Xavier District Council. 
‘‘(ii) NO
RESOLUTION.—If the Sec-
retary does not receive such a resolution by 
the deadline specified in clause (i), the Sec-
retary shall pay $18,300,000 (adjusted as 
provided in section 317(a)(2)) to the San 
Xavier District in lieu of carrying out the 
obligations of the United States under sub-
paragraph (A)(i).
174 
‘‘(C) SOURCE OF FUNDS AND TIME OF PAY-
MENT.— 
‘‘(i) 
IN
GENERAL.—Payment 
of 
$18,300,000 (adjusted as provided in section 
317(a)(2)) under this paragraph shall be 
made by the Secretary from the Lower Colo-
rado River Basin Development Fund— 
‘‘(I) not later than 60 days after 
an election described in subparagraph 
(B) is made (if such an election is 
made), but in no event earlier than the 
enforceability date or January 1, 2010, 
whichever is later; or 
‘‘(II) not later than 240 days 
after the enforceability date or Janu-
ary 1, 2010, whichever is later, if no 
timely election is made. 
‘‘(ii) 
PAYMENT
FOR
ADDITIONAL 
STRUCTURES.—Payment of amounts nec-
essary to design and construct such addi-
tional canals, laterals, farm ditches, and ir-
rigation works as are described in subpara-
graph (A)(i) shall be made by the Secretary 
from the Lower Colorado River Basin De-
velopment Fund, if an election is made to
175 
receive the benefits under subparagraph 
(A)(i). 
‘‘(4) IRRIGATION AND DELIVERY AND DISTRIBU-
TION SYSTEMS IN THE EASTERN SCHUK TOAK DIS-
TRICT.—Except as provided in subsection (d), not 
later than 1 year after the enforceability date, the 
Secretary shall complete the design and construction 
of an irrigation system and delivery and distribution 
system to serve the farm that is constructed in the 
eastern Schuk Toak District. 
‘‘(d) EXTENSION OF DEADLINES.— 
‘‘(1) IN GENERAL.—The Secretary may extend a 
deadline under subsection (c) if the Secretary deter-
mines that compliance with the deadline is impracti-
cable by reason of— 
‘‘(A) a material breach by a contractor of a 
contract that is relevant to carrying out a 
project or activity described in subsection (c); 
‘‘(B) the inability of such a contractor, 
under such a contract, to carry out the contract 
by reason of force majeure, as defined by the Sec-
retary in the contract; 
‘‘(C) unavoidable delay in compliance with 
applicable Federal and tribal laws, as deter-
mined by the Secretary, including—
176 
‘‘(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); and 
‘‘(ii) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); or 
‘‘(D) stoppage in work resulting from the 
assessment of a tax or fee that is alleged in any 
court of jurisdiction to be confiscatory or dis-
criminatory. 
‘‘(2) NOTICE OF FINDING.—If the Secretary ex-
tends a deadline under paragraph (1), the Secretary 
shall— 
‘‘(A) publish a notice of the extension in the 
Federal Register; and 
‘‘(B)(i) include in the notice an estimate of 
such additional period of time as is necessary to 
complete the project or activity that is the subject 
of the extension; and 
‘‘(ii) specify a deadline that provides for a 
period for completion of the project before the end 
of the period described in clause (i). 
‘‘(e) AUTHORITY OF SECRETARY.— 
‘‘(1) IN GENERAL.—In carrying out this title, 
after providing reasonable notice to the Nation, the 
Secretary, in compliance with all applicable law, 
may enter, construct works on, and take such other
177 
actions as are related to the entry or construction on 
land within the San Xavier District and the eastern 
Schuk Toak District. 
‘‘(2) EFFECT ON FEDERAL ACTIVITY.—Nothing 
in this subsection affects the authority of the United 
States, or any Federal officer, agent, employee, or 
contractor, to conduct official Federal business or 
carry out any Federal duty (including any Federal 
business or duty under this title) on land within the 
eastern Schuk Toak District or the San Xavier Dis-
trict. 
‘‘(f) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—With respect to any funds 
received under subsection (c)(3)(A), the San Xavier 
District— 
‘‘(A) shall hold the funds in trust, and in-
vest the funds in interest-bearing deposits and 
securities, until expended; 
‘‘(B) may expend the principal of the funds, 
and any interest and dividends that accrue on 
the principal, only in accordance with a budget 
that is— 
‘‘(i) authorized by the San Xavier Dis-
trict Council; and
178 
‘‘(ii) approved by resolution of the Leg-
islative Council of the Nation; and 
‘‘(C) shall expend the funds— 
‘‘(i) for any subjugation of land, devel-
opment of water resources, or construction, 
operation, maintenance, or replacement of 
facilities within the San Xavier Reservation 
that is not required to be carried out by the 
United States under this title or any other 
provision of law; 
‘‘(ii) to provide governmental services, 
including— 
‘‘(I) programs for senior citizens; 
‘‘(II) health care services; 
‘‘(III) education; 
‘‘(IV) economic development loans 
and assistance; and 
‘‘(V) legal assistance programs; 
‘‘(iii) to provide benefits to allottees; 
‘‘(iv) to pay the costs of activities of 
the San Xavier Allottees Association; or 
‘‘(v) to pay any administrative costs 
incurred by the Nation or the San Xavier 
District in conjunction with any of the ac-
tivities described in clauses (i) through (iv).
179 
‘‘(2) NO
LIABILITY
OF
SECRETARY; LIMITA-
TION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
not— 
‘‘(i) be responsible for any review, ap-
proval, or audit of the use and expenditure 
of the funds described in paragraph (1); or 
‘‘(ii) be subject to liability for any 
claim or cause of action arising from the 
use or expenditure, by the Nation or the 
San Xavier District, of those funds. 
‘‘(B) LIMITATION.—No portion of any funds 
described in paragraph (1) shall be used for per 
capita payments to any individual member of 
the Nation or any allottee. 
‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; AL-
TERNATIVE WATER SUPPLIES. 
‘‘(a) DELIVERY OF WATER.— 
‘‘(1) IN GENERAL.—The Secretary shall deliver 
water from the main project works of the Central Ari-
zona Project, in such quantities, and in accordance 
with such terms and conditions, as are contained in 
the agreement of December 11, 1980, the 1982 Act, the 
agreement of October 11, 1983, and the Tohono 
O’odham settlement agreement (to the extent that the
180 
settlement agreement does not conflict with this Act), 
to 1 or more of— 
‘‘(A) the cooperative farm; 
‘‘(B) the eastern Schuk Toak District; 
‘‘(C) turnouts existing on the enforceability 
date; and 
‘‘(D) any other point of delivery on the Cen-
tral Arizona Project main aqueduct that is 
agreed to by— 
‘‘(i) the Secretary; 
‘‘(ii) the operator of the Central Ari-
zona Project; and 
‘‘(iii) the Nation. 
‘‘(2) DELIVERY.—The Secretary shall deliver the 
water covered by sections 304(a) and 306(a), or an 
equivalent quantity of water from a source identified 
under subsection (b)(1), notwithstanding— 
‘‘(A) any declaration by the Secretary of a 
water shortage on the Colorado River; or 
‘‘(B) any other occurrence affecting water 
delivery caused by an act or omission of— 
‘‘(i) the Secretary; 
‘‘(ii) the United States; or 
‘‘(iii) any officer, employee, contractor, 
or agent of the Secretary or United States.
181 
‘‘(b) ACQUISITION OF LAND AND WATER.— 
‘‘(1) DELIVERY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if the Secretary, under the 
terms and conditions of the agreements referred 
to in subsection (a)(1), is unable, during any 
year, to deliver annually from the main project 
works of the Central Arizona Project any portion 
of the quantity of water covered by sections 
304(a) and 306(a), the Secretary shall identify, 
acquire and deliver an equivalent quantity of 
water from, any appropriate source. 
‘‘(B) EXCEPTION.—The Secretary shall not 
acquire any water under subparagraph (A) 
through any transaction that would cause deple-
tion of groundwater supplies or aquifers in the 
San Xavier District or the eastern Schuk Toak 
District. 
‘‘(2) PRIVATE LAND AND INTERESTS.— 
‘‘(A) ACQUISITION.— 
‘‘(i) IN GENERAL.—Subject to subpara-
graph (B), the Secretary may acquire, for 
not more than market value, such private 
land, or interests in private land, that in-
clude rights in surface or groundwater rec-
182 
ognized under State law, as are necessary 
for the acquisition and delivery of water 
under this subsection. 
‘‘(ii) 
COMPLIANCE.—In 
acquiring 
rights in surface water under clause (i), the 
Secretary shall comply with all applicable 
severance and transfer requirements under 
State law. 
‘‘(B) PROHIBITION ON TAKING.—The Sec-
retary shall not acquire any land, water, water 
rights, or contract rights under subparagraph 
(A) without the consent of the owner of the land, 
water, water rights, or contract rights. 
‘‘(C) PRIORITY.—In acquiring any private 
land or interest in private land under this para-
graph, the Secretary shall give priority to the ac-
quisition of land on which water has been put to 
beneficial use during any 1-year period during 
the 5-year period preceding the date of acquisi-
tion of the land by the Secretary. 
‘‘(3) DELIVERIES FROM ACQUIRED LAND.—Deliv-
eries of water from land acquired under paragraph 
(2) shall be made only to the extent that the water 
may be transported within the Tucson management 
area under applicable law.
184 
‘‘(2) to use facilities constructed, in whole or in 
part, with Federal funds. 
‘‘(d) COMPENSATION AND DISBURSEMENTS.— 
‘‘(1) COMPENSATION.—If the Secretary is unable 
to acquire and deliver sufficient quantities of water 
under section 304(a), this section, or section 306(a), 
the Secretary shall provide compensation in accord-
ance with paragraph (2) in amounts equal to— 
‘‘(A)(i) the value of such quantities of water 
as are not acquired and delivered, if the delivery 
and distribution system for, and the improve-
ments to, the irrigation system for the coopera-
tive farm have not been completed by the dead-
line required under section 304(c)(1); or 
‘‘(ii) the value of such quantities of water 
as— 
‘‘(I) are ordered by the Nation for use 
by the San Xavier Cooperative Association 
in the irrigation system; but 
‘‘(II) are not delivered in any calendar 
year; 
‘‘(B)(i) the value of such quantities of water 
as are not acquired and delivered, if the exten-
sion of the irrigation system is not completed by 
the deadline required under section 304(c)(2); or
185 
‘‘(ii) the value of such quantities of water 
as— 
‘‘(I) are ordered by the Nation for use 
by the San Xavier Cooperative Association 
in the extension to the irrigation system; 
but 
‘‘(II) are not delivered in any calendar 
year; and 
‘‘(C)(i) the value of such quantities of water 
as are not acquired and delivered, if the irriga-
tion system is not completed by the deadline re-
quired under section 304(c)(4); or 
‘‘(ii) except as provided in clause (i), the 
value of such quantities of water as— 
‘‘(I) are ordered by the Nation for use 
in the irrigation system, or for use by any 
person or entity (other than the San Xavier 
Cooperative Association); but 
‘‘(II) are not delivered in any calendar 
year. 
‘‘(2) DISBURSEMENT.—Any compensation pay-
able under paragraph (1) shall be disbursed— 
‘‘(A) with respect to compensation payable 
under subparagraphs (A) and (B) of paragraph
186 
(1), to the San Xavier Cooperative Association; 
and 
‘‘(B) with respect to compensation payable 
under paragraph (1)(C), to the Nation for reten-
tion by the Nation or disbursement to water 
users, under the provisions of the water code or 
other applicable laws of the Nation. 
‘‘(e) NO EFFECT ON WATER RIGHTS.—Nothing in this 
section authorizes the Secretary to acquire or otherwise af-
fect the water rights of any Indian tribe. 
‘‘SEC. 306. ADDITIONAL WATER DELIVERY. 
‘‘(a) IN GENERAL.—In addition to the delivery of 
water described in section 304(a), the Secretary shall de-
liver annually from the main project works of the Central 
Arizona Project, a total of 28,200 acre-feet of NIA priority 
water suitable for agricultural use, of which— 
‘‘(1) 23,000 acre-feet shall— 
‘‘(A) be delivered to, and used by, the San 
Xavier Reservation; or 
‘‘(B) otherwise be used by the Nation in ac-
cordance with section 309; and 
‘‘(2) 5,200 acre-feet shall— 
‘‘(A) be delivered to, and used by, the east-
ern Schuk Toak District; or
187 
‘‘(B) otherwise be used by the Nation in ac-
cordance with section 309. 
‘‘(b) STATE CONTRIBUTION.—To assist the Secretary 
in firming water under section 105(b)(1)(A) of the Arizona 
Water 
Settlements 
Act, 
the 
State 
shall 
contribute 
$3,000,000— 
‘‘(1) in accordance with a schedule that is ac-
ceptable to the Secretary and the State; and 
‘‘(2) in the form of cash or in-kind goods and 
services. 
‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIV-
ERY, REVENUE SHARING. 
‘‘(a) CONDITIONS ON ACTIONS OF SECRETARY.—The 
Secretary shall carry out section 304(c), subsections (a), (b), 
and (d) of section 305, and section 306, only if— 
‘‘(1) the Nation agrees— 
‘‘(A) except as provided in section 308(f)(1), 
to limit the quantity of groundwater withdrawn 
by nonexempt wells from beneath the San Xavier 
Reservation to not more than 10,000 acre-feet; 
‘‘(B) except as provided in section 308(f)(2), 
to limit the quantity of groundwater withdrawn 
by nonexempt wells from beneath the eastern 
Schuk Toak District to not more than 3,200 
acre-feet;
188 
‘‘(C) to comply with water management 
plans established by the Secretary under section 
308(d); 
‘‘(D) to consent to the San Xavier District 
being deemed a tribal organization (as defined 
in section 900.6 of title 25, Code of Federal Reg-
ulations (or any successor regulations)) for pur-
poses identified in subparagraph (E)(iii)(I), as 
permitted with respect to tribal organizations 
under title I of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et 
seq.); 
‘‘(E) subject to compliance by the Nation 
with other applicable provisions of part 900 of 
title 25, Code of Federal Regulations (or any 
successor regulations), to consent to contracting 
by the San Xavier District under section 311(b), 
on the conditions that— 
‘‘(i)(I) the plaintiffs in the Alvarez 
case and Tucson case have stipulated to the 
dismissal, with prejudice, of claims in those 
cases; and 
‘‘(II) those cases have been dismissed 
with prejudice;
189 
‘‘(ii) the San Xavier Cooperative Asso-
ciation has agreed to assume responsibility, 
after completion of each of the irrigation 
systems described in paragraphs (1), (2), 
and (3) of section 304(c) and on the deliv-
ery of water to those systems, for the oper-
ation, maintenance, and replacement of 
those systems in accordance with the first 
section of the Act of August 1, 1914 (25 
U.S.C. 385); and 
‘‘(iii) with respect to the consent of the 
Nation to contracting— 
‘‘(I) the consent is limited solely 
to contracts for— 
‘‘(aa) the design and con-
struction of the delivery and dis-
tribution system and the rehabili-
tation of the irrigation system for 
the cooperative farm; 
‘‘(bb) the extension of the ir-
rigation system for the cooperative 
farm; 
‘‘(cc) the subjugation of land 
to be served by the extension of the 
irrigation system;
190 
‘‘(dd) the design and con-
struction of storage facilities sole-
ly for water deliverable for use 
within the San Xavier Reserva-
tion; and 
‘‘(ee) the completion by the 
Secretary of a water resources 
study of the San Xavier Reserva-
tion and subsequent preparation 
of a water management plan 
under section 308(d); 
‘‘(II) the Nation shall reserve the 
right to seek retrocession or reassump-
tion of contracts described in subclause 
(I), and recontracting under subpart P 
and other applicable provisions of part 
900 of title 25, Code of Federal Regula-
tions (or any successor regulations); 
‘‘(III) the Nation, on granting 
consent to such contracting, shall be re-
leased from any responsibility, liabil-
ity, claim, or cost from and after the 
date on which consent is given, with 
respect to past action or inaction by 
the Nation, and subsequent action or
191 
inaction by the San Xavier District, 
relating to the design and construction 
of irrigation systems for the coopera-
tive farm or the Central Arizona 
Project link pipeline; and 
‘‘(IV) the Secretary shall, on the 
request of the Nation, execute a waiver 
and release to carry out subclause 
(III); 
‘‘(F) to subjugate, at no cost to the United 
States, the land for which the irrigation systems 
under paragraphs (2) and (3) of section 304(c) 
will be planned, designed, and constructed by the 
Secretary, on the condition that— 
‘‘(i) the obligation of the Nation to sub-
jugate the land in the cooperative farm that 
is to be served by the extension of the irriga-
tion system under section 304(c)(2) shall be 
determined by the Secretary, in consulta-
tion with the Nation and the San Xavier 
Cooperative Association; and 
‘‘(ii) subject to approval by the Sec-
retary of a contract with the San Xavier 
District executed under section 311, to per-
form that subjugation, a determination by
192 
the Secretary of the subjugation costs under 
clause (i), and the provision of notice by the 
San Xavier District to the Nation at least 
180 days before the date on which the San 
Xavier District Council certifies by resolu-
tion that the subjugation is scheduled to 
commence, the Nation pays to the San Xa-
vier District, not later than 90 days before 
the date on which the subjugation is sched-
uled to commence, from the trust fund 
under section 315, or from other sources of 
funds held by the Nation, the amount deter-
mined by the Secretary under clause (i); 
and 
‘‘(G) subject to business lease No. H54–16– 
72 dated April 26, 1972, of San Xavier Reserva-
tion land to Asarco and approved by the United 
States on Novermber 14, 1972, that the Nation— 
‘‘(i) shall allocate as a first right of 
beneficial use by allottees, the San Xavier 
District, and other persons within the San 
Xavier Reservation— 
‘‘(I) 35,000 acre-feet of the 50,000 
acre-feet of water deliverable under sec-
193 
tions 304(a)(1) and 306(a)(1), includ-
ing the use of the allocation— 
‘‘(aa) to fulfill the obligations 
prescribed in the Asarco agree-
ment; and 
‘‘(bb) for groundwater stor-
age, maintenance of instream 
flows, and maintenance of ripar-
ian vegetation and habitat; 
‘‘(II) 
the 
10,000 
acre-feet 
of 
groundwater identified in subsection 
(a)(1)(A); 
‘‘(III) the groundwater withdrawn 
from exempt wells; 
‘‘(IV) the deferred pumping stor-
age 
credits 
authorized 
by 
section 
308(f)(1)(B); and 
‘‘(V) the storage credits resulting 
from a project authorized in section 
308(e) that cannot be lawfully trans-
ferred or otherwise disposed of to per-
sons for recovery outside the Nation’s 
Reservation; 
‘‘(ii) subject to section 309(b)(2), has 
the right—
194 
‘‘(I) to use, or authorize other per-
sons or entities to use, any portion of 
the allocation of 35,000 acre-feet of 
water 
deliverable 
under 
sections 
304(a)(1) and 306(a)(1) outside the 
San Xavier Reservation for any period 
during which there is no identified ac-
tual use of the water within the San 
Xavier Reservation; 
‘‘(II) as a first right of use, to use 
the remaining acre-feet of water deliv-
erable under sections 304(a)(1) and 
306(a)(1) for any purpose and dura-
tion authorized by this title within or 
outside the Nation’s Reservation; and 
‘‘(III) subject to section 308(e), as 
an exclusive right, to transfer or other-
wise dispose of the storage credits that 
may be lawfully transferred or other-
wise disposed of to persons for recovery 
outside the Nation’s Reservation; 
‘‘(iii) shall issue permits to persons or 
entities for use of the water resources re-
ferred to in clause (i);
195 
‘‘(iv) shall, on timely receipt of an 
order for water by a permittee under a per-
mit for Central Arizona Project water re-
ferred to in clause (i), submit the order to— 
‘‘(I) the Secretary; or 
‘‘(II) the operating agency for the 
Central Arizona Project; 
‘‘(v) shall issue permits for water deliv-
erable 
under 
sections 
304(a)(2) 
and 
306(a)(2), including quantities of water 
reasonably necessary for the irrigation sys-
tem referred to in section 304(c)(3); 
‘‘(vi) shall issue permits for ground-
water that may be withdrawn from non-
exempt wells in the eastern Schuk Toak Dis-
trict; and 
‘‘(vii) shall, on timely receipt of an 
order for water by a permittee under a per-
mit for water referred to in clause (v), sub-
mit the order to— 
‘‘(I) the Secretary; or 
‘‘(II) the operating agency for the 
Central Arizona Project; and 
‘‘(2) the Alvarez case and Tucson case have been 
dismissed with prejudice.
196 
‘‘(b) RESPONSIBILITIES ON COMPLETION.—On com-
pletion of an irrigation system or extension of an irrigation 
system described in paragraph (1) or (2) of section 304(c), 
or in the case of the irrigation system described in section 
304(c)(3), if such irrigation system is constructed on indi-
vidual Indian trust allotments, neither the United States 
nor the Nation shall be responsible for the operation, main-
tenance, or replacement of the system. 
‘‘(c) PAYMENT OF CHARGES.—The Nation shall not be 
responsible for payment of any water service capital charge 
for Central Arizona Project water delivered under section 
304, subsection (a) or (b) of section 305, or section 306. 
‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STOR-
AGE 
PROJECTS; 
STORAGE 
ACCOUNTS; 
GROUNDWATER. 
‘‘(a) WATER RESOURCES.—Water resources described 
in clauses (i) and (ii) of section 307(a)(1)(G)— 
‘‘(1) shall be subject to section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381); and 
‘‘(2) shall be apportioned pursuant to clauses (i) 
and (ii) of section 307(a)(1)(G). 
‘‘(b) WATER CODE.—Subject to this title and any other 
applicable law, the Nation shall—
197 
‘‘(1) manage, regulate, and control the water re-
sources of the Nation and the water resources granted 
or confirmed under this title; 
‘‘(2) establish conditions, limitations, and permit 
requirements, and promulgate regulations, relating to 
the storage, recovery, and use of surface water and 
groundwater within the Nation’s Reservation; 
‘‘(3) enact and maintain— 
‘‘(A) an interim allottee water rights code 
that— 
‘‘(i) is consistent with subsection (a); 
‘‘(ii) prescribes the rights of allottees 
identified in paragraph (4); and 
‘‘(iii) provides that the interim allottee 
water rights code shall be incorporated in 
the comprehensive water code referred to in 
subparagraph (B); and 
‘‘(B) not later than 3 years after the en-
forceability date, a comprehensive water code ap-
plicable to the water resources granted or con-
firmed under this title; 
‘‘(4) include in each of the water codes enacted 
under subparagraphs (A) and (B) of paragraph (3)— 
‘‘(A) an acknowledgement of the rights de-
scribed in subsection (a);
198 
‘‘(B) a process by which a just and equi-
table distribution of the water resources referred 
to in subsection (a), and any compensation pro-
vided under section 305(d), shall be provided to 
allottees; 
‘‘(C) a process by which an allottee may re-
quest and receive a permit for the use of any 
water resources referred to in subsection (a), ex-
cept the water resources referred to in section 
307(a)(1)(G)(ii)(III) and subject to the Nation’s 
first 
right 
of 
use 
under 
section 
307(a)(1)(G)(ii)(II); 
‘‘(D) provisions for the protection of due 
process, including— 
‘‘(i) a fair procedure for consideration 
and determination of any request by— 
‘‘(I) a member of the Nation, for 
a permit for use of available water re-
sources granted or confirmed by this 
title; and 
‘‘(II) an allottee, for a permit for 
use of— 
‘‘(aa) the water resources 
identified 
in 
section
199 
307(a)(1)(G)(i) that are subject to 
a first right of beneficial use; or 
‘‘(bb) subject to the first right 
of use of the Nation, available 
water resources identified in sec-
tion 307(a)(1)(G)(i)(II); 
‘‘(ii) provisions for— 
‘‘(I) appeals and adjudications of 
denied or disputed permits; and 
‘‘(II) resolution of contested ad-
ministrative decisions; and 
‘‘(iii) a waiver by the Nation of the 
sovereign immunity of the Nation only with 
respect to proceedings described in clause 
(ii) for claims of declaratory and injunctive 
relief; and 
‘‘(E) a process for satisfying any entitle-
ment to the water resources referred to in section 
307(a)(1)(G)(i) for which fee owners of allotted 
land have received final determinations under 
applicable law; and 
‘‘(5) submit to the Secretary the comprehensive 
water code, for approval by the Secretary only of the 
provisions of the water code (and any amendments to
200 
the water code), that implement, with respect to the 
allottees, the standards described in paragraph (4). 
‘‘(c) WATER CODE APPROVAL.— 
‘‘(1) IN GENERAL.—On receipt of a comprehen-
sive water code under subsection (b)(5), the Secretary 
shall— 
‘‘(A) issue a written approval of the water 
code; or 
‘‘(B) provide a written notification to the 
Nation that— 
‘‘(i) identifies such provisions of the 
water code that do not conform to sub-
section (b) or other applicable Federal law; 
and 
‘‘(ii) recommends specific corrective 
language for each nonconforming provision. 
‘‘(2) REVISION
BY
NATION.—If the Secretary 
identifies nonconforming provisions in the water code 
under paragraph (1)(B)(i), the Nation shall revise the 
water code in accordance with the recommendations 
of the Secretary under paragraph (1)(B)(ii). 
‘‘(3) INTERIM AUTHORITY.—Until such time as 
the Nation revises the water code of the Nation in ac-
cordance with paragraph (2) and the Secretary subse-
quently approves the water code, the Secretary may