IB 
Union Calendar No. 228 
111TH CONGRESS 
2D SESSION 
H. R. 1065 
[Report No. 111–391] 
To resolve water rights claims of the White Mountain Apache Tribe in 
the State of Arizona, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2009 
Mrs. KIRKPATRICK of Arizona introduced the following bill; which was 
referred to the Committee on Natural Resources 
JANUARY 12, 2010 
Additional sponsors: Mr. SHADEGG, Ms. GIFFORDS, Mr. PASTOR of Arizona, 
Mr. MITCHELL, Mr. FRANKS of Arizona, Mr. FLAKE, and Mr. GRIJALVA 
JANUARY 12, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 13, 2009] 
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A BILL 
To resolve water rights claims of the White Mountain Apache 
Tribe in the State of Arizona, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘White Mountain Apache 
Tribe Water Rights Quantification Act of 2009’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) proceedings to determine the nature and ex-
tent of the water rights of the White Mountain Apache 
Tribe, members of the Tribe, the United States, and 
other claimants are pending in— 
(A) the consolidated civil action in the Su-
perior Court of the State of Arizona for the 
County of Maricopa styled In re the General Ad-
judication of All Rights To Use Water In The 
Gila River System and Source, W–1 (Salt), W– 
2 (Verde), W–3 (Upper Gila), W–4 (San Pedro); 
and 
(B) the civil action pending in the Superior 
Court of the State of Arizona for the County of 
Apache styled In re the General Adjudication of 
All Rights to Use Water in the Little Colorado 
River System and Source and numbered CIV– 
6417; 
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(2) a final resolution of those proceedings 
might— 
(A) take many years; 
(B) entail great expense; and 
(C) prolong uncertainty concerning the 
availability of water supplies; 
(3) the Tribe, non-Indian communities located 
near the reservation of the Tribe, and other Arizona 
water users have entered into the WMAT Water 
Rights Quantification Agreement— 
(A) to permanently quantify the water 
rights of the Tribe, members of the Tribe, and the 
United States in its capacity as trustee for the 
Tribe and members in accordance with the 
Agreement; and 
(B) to seek funding, in accordance with ap-
plicable law, for the implementation of the 
Agreement; 
(4) it is the policy of the United States to quan-
tify and settle Indian water rights claims, and to 
promote Indian self-determination and economic self- 
sufficiency, without lengthy and costly litigation, if 
practicable; 
(5) certainty concerning the extent of the water 
rights of the Tribe will— 
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(A) provide opportunities for economic de-
velopment of all parties to the proceeding; and 
(B) assist the Tribe to achieve self-deter-
mination and self-sufficiency; and 
(6) in keeping with the trust responsibility of the 
United States to Indian tribes, and to promote tribal 
sovereignty and economic self-sufficiency, it is appro-
priate that the United States implement the Agree-
ment. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to authorize, ratify, and confirm the Agree-
ment; 
(2) to authorize and direct the Secretary to exe-
cute the Agreement and carry out all obligations of 
the Secretary under the Agreement; 
(3) to authorize the actions and appropriations 
necessary for the United States to meet the obligations 
of the United States under the Agreement and this 
Act; and 
(4) to permanently resolve certain damage 
claims and all water rights claims among— 
(A) the Tribe and its members; 
(B) the United States in its capacity as 
trustee for the Tribe and its members; 
(C) the parties to the Agreement; and 
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(D) all other claimants in the proceedings 
referred to in subsection (a)(1). 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGREEMENT.—The ‘‘Agreement’’ means— 
(A) the WMAT Water Rights Quantification 
Agreement dated January 13, 2009; and 
(B) any amendment or exhibit (including 
exhibit amendments) to that agreement that 
are— 
(i) made in accordance with this Act; 
or 
(ii) otherwise approved by the Sec-
retary. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) CAP.—The term ‘‘CAP’’ means the reclama-
tion 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.). 
(4) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’ means an individual or entity that has en-
tered into a long-term contract (as that term is used 
in the repayment stipulation) with the United States 
for delivery of water through the CAP system. 
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(5) CAP FIXED OM&R CHARGE.—The term ‘‘CAP 
fixed OM&R charge’’ has the meaning given the term 
in the repayment stipulation. 
(6) CAP M&I PRIORITY WATER.—The term ‘‘CAP 
M&I priority water’’ means the CAP water having a 
municipal and industrial delivery priority under the 
repayment contract. 
(7) CAP SUBCONTRACTOR.—The term ‘‘CAP sub-
contractor’’ means an individual or entity that has 
entered into a long-term subcontract (as that term is 
used in the repayment stipulation) with the United 
States and the District for the delivery of water 
through the CAP system. 
(8) CAP SYSTEM.—The term ‘‘CAP system’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant 
works of a feature described in any of subpara-
graphs (A) through (D); and 
(F) any extension of, addition to, or re-
placement for a feature described in any of sub-
paragraphs (A) through (E). 
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(9) CAP WATER.—The term ‘‘CAP water’’ means 
‘‘Project Water’’ (as that term is defined in the repay-
ment stipulation). 
(10) CONTRACT.—The term ‘‘Contract’’ means— 
(A) the proposed contract between the Tribe 
and the United States attached as exhibit 7.1 to 
the Agreement and numbered 08–XX–30–W0529; 
and 
(B) any amendments to that contract. 
(11) DISTRICT.—The term ‘‘District’’ means the 
Central Arizona Water Conservation District, a polit-
ical subdivision of the State that is the contractor 
under the repayment contract. 
(12) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date described in section 
9(d)(1). 
(13) 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). 
(14) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means an interference with, dimi-
nution of, or deprivation of, a water right under 
Federal, State, or other law. 
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(B) INCLUSIONS.—The term ‘‘injury to 
water rights’’ includes— 
(i) a change in the groundwater table; 
and 
(ii) any effect of such a change. 
(C) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include any injury to 
water quality. 
(15) 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). 
(16) OFF-RESERVATION TRUST LAND.—The term 
‘‘off-reservation trust land’’ means land— 
(A) located outside the exterior boundaries 
of the reservation that is held in trust by the 
United States for the benefit of the Tribe as of 
the enforceability date; and 
(B) depicted on the map attached to the 
Agreement as exhibit 2.57. 
(17) OPERATING AGENCY.—The term ‘‘Operating 
Agency’’ means the 1 or more entities authorized to 
assume responsibility for the care, operation, mainte-
nance, and replacement of the CAP system. 
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(18) REPAYMENT CONTRACT.—The term ‘‘repay-
ment contract’’ means— 
(A) the contract between the United States 
and the District for delivery of water and repay-
ment of the costs of the CAP, numbered 14–06– 
W–245 (Amendment No. 1), and dated December 
1, 1988; and 
(B) any amendment to, or revision of, that 
contract. 
(19) REPAYMENT STIPULATION.—The term ‘‘re-
payment stipulation’’ means the stipulated judgment 
and the stipulation for judgment (including any ex-
hibits to those documents) entered on November 21, 
2007, in the United States District Court for the Dis-
trict of Arizona in the consolidated civil action styled 
Central Arizona Water Conservation District v. 
United States, et al., and numbered CIV 95–625– 
TUC–WDB (EHC) and CIV 95–1720–PHX–EHC. 
(20) RESERVATION.— 
(A) IN GENERAL.—The term ‘‘reservation’’ 
means the land within the exterior boundary of 
the White Mountain Indian Reservation estab-
lished by the Executive order dated November 9, 
1871, as modified by subsequent Executive orders 
and Acts of Congress— 
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(i) known on the date of enactment of 
this Act as the ‘‘Fort Apache Reservation’’ 
pursuant to the Act of June 7, 1897 (30 
Stat. 62, chapter 3); and 
(ii) generally depicted on the map at-
tached to the Agreement as exhibit 2.81. 
(B) NO EFFECT ON DISPUTE OR AS ADMIS-
SION.—The depiction of the reservation described 
in subparagraph (A)(ii) shall not— 
(i) be used to affect any dispute be-
tween the Tribe and the United States con-
cerning the legal boundary of the reserva-
tion; and 
(ii) constitute an admission by the 
Tribe with regard to any dispute between 
the Tribe and the United States concerning 
the legal boundary of the reservation. 
(21) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(22) STATE.—The term ‘‘State’’ means the State 
of Arizona. 
(23) TRIBAL
CAP
WATER.—The term ‘‘tribal 
CAP water’’ means the CAP water to which the Tribe 
is entitled pursuant to the Contract. 
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(24) TRIBAL WATER RIGHTS.—The term ‘‘tribal 
water rights’’ means the water rights of the Tribe de-
scribed in paragraph 4.0 of the Agreement. 
(25) TRIBE.—The term ‘‘Tribe’’ means the White 
Mountain Apache Tribe organized under section 16 of 
the Act of June 18, 1934 (commonly known as the 
‘‘Indian Reorganization Act’’) (25 U.S.C. 476). 
(26) WATER
RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface water, 
or effluent under Federal, State, or other law. 
(27) WMAT RURAL WATER SYSTEM.—The term 
‘‘WMAT rural water system’’ means the municipal, 
rural, and industrial water diversion, storage, and 
delivery system described in section 7. 
(28) YEAR.—The term ‘‘year’’ means a calendar 
year. 
SEC. 4. APPROVAL OF AGREEMENT. 
(a) APPROVAL.— 
(1) IN GENERAL.—Except to the extent that any 
provision of the Agreement conflicts with a provision 
of this Act, the Agreement is authorized, ratified, and 
confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Agreement is authorized, ratified, and confirmed, to 
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the extent that such an amendment is executed to 
make the Agreement consistent with this Act. 
(b) EXECUTION OF AGREEMENT.—To the extent that 
the Agreement does not conflict with this Act, the Secretary 
shall— 
(1) execute the Agreement (including signing any 
exhibit to the Agreement requiring the signature of 
the Secretary); and 
(2) execute any amendment to the Agreement 
necessary to make the Agreement consistent with this 
Act. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL
COMPLIANCE.—In imple-
menting the Agreement, the Secretary shall promptly 
comply with all applicable requirements of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION OF AGREEMENT.— 
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(A) IN GENERAL.—Execution of the Agree-
ment by the Secretary under this section shall 
not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(B) ENVIRONMENTAL
COMPLIANCE.—The 
Secretary shall carry out all necessary environ-
mental compliance required by Federal law in 
implementing the Agreement. 
(3) LEAD AGENCY.—The Bureau shall serve as 
the lead agency with respect to ensuring environ-
mental compliance associated with the WMAT rural 
water system. 
SEC. 5. WATER RIGHTS. 
(a) TREATMENT OF TRIBAL WATER RIGHTS.—The 
tribal water rights— 
(1) shall be held in trust by the United States in 
perpetuity; and 
(2) shall not be subject to forfeiture or abandon-
ment. 
(b) REALLOCATION.— 
(1) IN GENERAL.—In accordance with this Act 
and the Agreement, the Secretary shall reallocate to 
the Tribe, and offer to enter into a contract with the 
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Tribe for the delivery in accordance with this section 
of— 
(A) an annual entitlement to 23,782 acre- 
feet per year of CAP water that has a non-In-
dian agricultural delivery priority (as defined in 
the 
Contract) 
in 
accordance 
with 
section 
104(a)(1)(A)(iii) of the Arizona Water Settle-
ments Act (Public Law 108–451; 118 Stat. 
3488), of which— 
(i) 3,750 acre-feet per year shall be 
firmed by the United States for the benefit 
of the Tribe for the 100-year period begin-
ning on January 1, 2008, with priority 
equivalent to CAP M&I priority water, in 
accordance with section 105(b)(1)(B) of that 
Act (118 Stat. 3492); and 
(ii) 3,750 acre-feet per year shall be 
firmed by the State for the benefit of the 
Tribe for the 100-year period beginning on 
January 1, 2008, with priority equivalent 
to CAP M&I priority water, in accordance 
with section 105(b)(2)(B) of that Act (118 
Stat. 3492); and 
(B) an annual entitlement to 1,218 acre-feet 
per year of the water— 
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(i) acquired by the Secretary through 
the 
permanent 
relinquishment 
of 
the 
Harquahala Valley Irrigation District CAP 
subcontract entitlement in accordance with 
the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Ir-
rigation District, and the United States; 
and 
(ii) converted to CAP Indian Priority 
water (as defined in the Contract) pursuant 
to the Fort McDowell Indian Community 
Water Rights Settlement Act of 1990 (Pub-
lic Law 101–628; 104 Stat. 4480). 
(2) AUTHORITY OF TRIBE.—Subject to approval 
by the Secretary under section 6(a)(1), the Tribe shall 
have the sole authority to lease, distribute, exchange, 
or allocate the tribal CAP water described in para-
graph (1). 
(c) WATER SERVICE CAPITAL CHARGES.—The Tribe 
shall not be responsible for any water service capital charge 
for tribal CAP water. 
(d) ALLOCATION AND REPAYMENT.—For the purpose 
of determining the allocation and repayment of costs of any 
stages of the CAP constructed after November 21, 2007, the 
costs associated with the delivery of water described in sub-
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section (b), regardless of whether the water is delivered for 
use by the Tribe or in accordance with any assignment, 
exchange, lease, option to lease, or other agreement for the 
temporary disposition of water entered into by Tribe, shall 
be— 
(1) nonreimbursable; and 
(2) excluded from the repayment obligation of 
the District. 
(e) WATER CODE.—Not later than 18 months after the 
enforceability date, the Tribe shall enact a water code 
that— 
(1) governs the tribal water rights; and 
(2) includes, at a minimum— 
(A) provisions requiring the measurement, 
calculation, and recording of all diversions and 
depletions of water on the reservation and on off- 
reservation trust land; 
(B) terms of a water conservation plan, in-
cluding objectives, conservation measures, and an 
implementation timeline; 
(C) provisions requiring the approval of the 
Tribe for the severance and transfer of rights to 
the use of water from historically irrigated land 
identified in paragraph 11.3.2.1 of the Agree-
ment to diversions and depletions on other non- 
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historically irrigated land not located on the wa-
tershed of the same water source; and 
(D) provisions requiring the authorization 
of the Tribe for all diversions of water on the res-
ervation and on off-reservation trust land by any 
individual or entity other than the Tribe. 
SEC. 6. CONTRACT. 
(a) IN GENERAL.—The Secretary shall enter into the 
Contract, in accordance with the Agreement, to provide, 
among other things, that— 
(1) the Tribe, on approval of the Secretary, 
may— 
(A) enter into contracts or options to lease, 
contracts to exchange, or options to exchange 
tribal CAP water in Maricopa, Pinal, Pima, 
and Yavapai Counties in the State providing for 
the temporary delivery to any individual or en-
tity of any portion of the tribal CAP water, sub-
ject to the condition that— 
(i) the term of the contract or option to 
lease shall not be longer than 100 years; 
(ii) the contracts or options to ex-
change shall be for the term provided in the 
contract or option; and 
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(iii) a lease or option to lease pro-
viding for the temporary delivery of tribal 
CAP water shall require the lessee to pay to 
the Operating Agency all CAP fixed OM&R 
charges and all CAP pumping energy 
charges (as defined in the repayment stipu-
lation) associated with the leased water; 
and 
(B) renegotiate any lease at any time dur-
ing the term of the lease, subject to the condition 
that the term of the renegotiated lease shall not 
exceed 100 years; 
(2) no portion of the tribal CAP water may be 
permanently alienated; 
(3)(A) the Tribe (and not the United States in 
any capacity) shall be entitled to all consideration 
due to the Tribe under any contract or option to lease 
or exchange tribal CAP water entered into by the 
Tribe; and 
(B) the United States (in any capacity) has no 
trust or other obligation to monitor, administer, or 
account for, in any manner— 
(i) any funds received by the Tribe as con-
sideration under a contract or option to lease or 
exchange tribal CAP water; or 
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(ii) the expenditure of those funds; 
(4)(A) all tribal CAP water shall be delivered 
through the CAP system; and 
(B) if the delivery capacity of the CAP system 
is significantly reduced or anticipated to be signifi-
cantly reduced for an extended period of time, the 
Tribe shall have the same CAP delivery rights as a 
CAP contractor or CAP subcontractor that is allowed 
to take delivery of water other than through the CAP 
system; 
(5) the Tribe may use tribal CAP water on or 
off the reservation for any purpose; 
(6) as authorized by subsection (f)(2)(A) of sec-
tion 403 of the Colorado River Basin Project Act (43 
U.S.C. 1543) and to the extent that funds are avail-
able in the Lower Colorado River Basin Development 
Fund established by subsection (a) of that section, the 
United States shall pay to the Operating Agency the 
CAP fixed OM&R charges associated with the delivery 
of tribal CAP water (except in the case of tribal CAP 
water leased by any individual or entity); 
(7) the Secretary shall waive the right of the Sec-
retary to capture all return flow from project ex-
change water flowing from the exterior boundary of 
the reservation; and 
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(8) no CAP water service capital charge shall be 
due or payable for the tribal CAP water, regardless 
of whether the water is delivered for use by the Tribe 
or pursuant to a contract or option to lease or ex-
change tribal CAP water entered into by the Tribe. 
(b) REQUIREMENTS.—The Contract shall be— 
(1) for permanent service (within the meaning of 
section 5 of the Boulder Canyon Project Act (43 
U.S.C. 617d)); and 
(2) without limit as to term. 
(c) RATIFICATION.— 
(1) IN GENERAL.—Except to the extent that any 
provision of the Contract conflicts with a provision of 
this Act, the Contract is authorized, ratified, and con-
firmed. 
(2) AMENDMENTS.—Any amendment to the Con-
tract is authorized, ratified, and confirmed, to the ex-
tent that such an amendment is executed to make the 
Contract consistent with this Act. 
(d) EXECUTION OF CONTRACT.—To the extent that the 
Contract does not conflict with this Act, the Secretary shall 
execute the Contract. 
(e) PAYMENT OF CHARGES.—The Tribe, and any re-
cipient of tribal CAP water through a contract or option 
to lease or exchange, shall not be obligated to pay a water 
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service capital charge or any other charge, payment, or fee 
for CAP water, except as provided in an applicable lease 
or exchange agreement. 
(f) PROHIBITIONS.— 
(1) USE OUTSIDE STATE.—No tribal CAP water 
may be leased, exchanged, forborne, or otherwise 
transferred by the Tribe in any way for use directly 
or indirectly outside the State. 
(2) USE OFF RESERVATION.—Except as author-
ized by this section and paragraph 4.7 of the Agree-
ment, no tribal water rights under this Act may be 
sold, leased, transferred, or used outside the bound-
aries of the reservation or off-reservation trust land 
other than pursuant to an exchange. 
(3) AGREEMENTS WITH ARIZONA WATER BANK-
ING AUTHORITY.—Nothing in this Act or the Agree-
ment limits the right of the Tribe to enter into an 
agreement with the Arizona Water Banking Authority 
established by section 45–2421 of the Arizona Revised 
Statutes (or any successor entity), in accordance with 
State law. 
(g) LEASES.— 
(1) IN GENERAL.—To the extent the leases of 
tribal CAP Water by the Tribe to the District and to 
any of the cities, attached as exhibits to the Agree-
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ment, are not in conflict with the provisions of this 
Act— 
(A) those leases are authorized, ratified, and 
confirmed; and 
(B) the Secretary shall execute the leases. 
(2) AMENDMENTS.—To the extent that amend-
ments are executed to make the leases described in 
paragraph (1) consistent with this Act, those amend-
ments are authorized, ratified, and confirmed. 
SEC. 7. AUTHORIZATION OF RURAL WATER SYSTEM. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary, acting through the Bureau, shall 
plan, design, construct, operate, maintain, replace, and re-
habilitate the WMAT rural water system as generally de-
scribed in the project extension report dated February 2007. 
(b) COMPONENTS.—The WMAT rural water system 
under subsection (a) shall consist of— 
(1) a dam and storage reservoir, pumping plant, 
and treatment facilities located along the North Fork 
White River near the community of Whiteriver; 
(2) pipelines extending from the water treatment 
plants to existing water distribution systems serving 
the Whiteriver, Carrizo, and Cibecue areas, together 
with other communities along the pipeline; 
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(3) connections to existing distribution facilities, 
including public and private water systems in exist-
ence on the date of enactment of this Act; 
(4) appurtenant buildings and access roads; 
(5) electrical power transmission and distribu-
tion facilities necessary for services to rural water 
system facilities; 
(6) all property and property rights necessary 
for the facilities described in this subsection; and 
(7) such other project components as the Sec-
retary determines to be appropriate to meet the water 
supply, economic, public health, and environmental 
needs of the portions of the reservation served by the 
WMAT rural water system, including water storage 
tanks, water lines, and other facilities for the Tribe 
and the villages and towns on the reservation. 
(c) SERVICE AREA.—The service area of the WMAT 
rural water system shall be as described in the Project Ex-
tension report dated February 2007. 
(d) CONSTRUCTION REQUIREMENTS.—The components 
of the WMAT rural water system shall be planned and con-
structed to a size that is sufficient to meet the municipal, 
rural, and industrial water supply requirements of the 
WMAT rural water system service area during the period 
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beginning on the date of enactment of this Act and ending 
not earlier than December 31, 2040. 
(e) TITLE.— 
(1) IN
GENERAL.—Title to the WMAT rural 
water system shall be held in trust by the United 
States in its capacity as trustee for the Tribe. 
(2) CONVEYANCE TO TRIBE.—The Secretary may 
convey to the Tribe title to the WMAT rural water 
system after publication by the Secretary in the Fed-
eral Register of a statement of findings that— 
(A) the designers’ operating criteria, stand-
ing operating procedures, emergency action plan, 
and first filling and monitoring criteria are es-
tablished and in place, and the WMAT rural 
water system has been declared substantially 
complete; 
(B) the funds authorized to be appropriated 
under section 12(b)(3)(B) have been appro-
priated and deposited in the WMAT Mainte-
nance Fund; and 
(C) the Tribe has been operating success-
fully under the established standing operating 
procedures for a period of 5 calendar years. 
(3) ALIENATION AND TAXATION.—Conveyance of 
title to the Tribe pursuant to paragraph (2) does not 
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waive or alter any applicable Federal law prohibiting 
alienation or taxation of the WMAT rural water sys-
tem or the underlying reservation land. 
(f) TECHNICAL ASSISTANCE.—The Secretary shall pro-
vide such technical assistance as is necessary to enable the 
Tribe to plan, design, construct, operate, maintain, and re-
place the WMAT rural water system, including operation 
and management training. 
(g) APPLICABILITY OF ISDEAA.— 
(1) AGREEMENT FOR SPECIFIC ACTIVITIES.—On 
receipt of a request of the Tribe, and in accordance 
with the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), the Secretary 
shall enter into an agreement with the Tribe to carry 
out the activities authorized by this section. 
(2) CONTRACTS.—Any contract entered into pur-
suant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) for the 
purpose of carrying out any provision of this Act 
shall incorporate such provisions regarding periodic 
payment of funds, timing for use of funds, trans-
parency, oversight, reporting, and accountability as 
the Secretary determines to be necessary (at the sole 
discretion of the Secretary) to ensure appropriate 
stewardship of Federal funds. 
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(h) CONDITION.—As a condition of construction of the 
facilities authorized by this section, the Tribe shall provide, 
at no cost to the Secretary, all land or interests in land, 
as appropriate, that the Secretary identifies as being nec-
essary for those facilities. 
(i) OPERATION AND MAINTENANCE.—Subject to the 
availability of appropriations as provided for in section 
12(e), the Secretary, acting through the Bureau, shall oper-
ate and maintain the WMAT rural water system until the 
date on which title to the WMAT rural water system is con-
veyed to the Tribe pursuant to subsection (e)(2). 
SEC. 8. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits realized by the Tribe 
and its members under this Act shall be in full satisfaction 
of all claims of the Tribe and its members for water rights 
and injury to water rights, except as set forth in the Agree-
ment, under Federal, State, or other law with respect to 
the reservation and off-reservation trust land. 
(b) USES OF WATER.—All uses of water on land out-
side of the reservation, if and when such land is subse-
quently and finally determined to be part of the reservation 
through resolution of any dispute between the Tribe and the 
United States over the location of the reservation boundary, 
and any fee land within the reservation put into trust and 
made part of the reservation, shall be subject to the max-
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of the reservation in, on, or along the Black 
River against Freeport-McMoRan Copper & 
Gold, Inc., Phelps Dodge Corporation, or 
Phelps Dodge Morenci, Inc. (or a prede-
cessor or successor of those entities), includ-
ing all subsidiaries and affiliates of those 
entities. 
(B) AGREEMENT.—On terms acceptable to 
the Tribe and the United States, the Tribe and 
the United States are authorized to enter into an 
agreement with Freeport-McMoRan Copper & 
Gold, Inc., Phelps Dodge Corporation, or Phelps 
Dodge Morenci, Inc. (or a predecessor or suc-
cessor of those entities), including all subsidiaries 
and affiliates of those entities, to resolve the 
claims of the Tribe relating to the trespass, use, 
and occupancy of the reservation in, on, and 
along the Black River. 
(2) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY TRIBE AGAINST UNITED STATES.—Not-
withstanding the waiver and release of claims author-
ized under subsection (a)(3), the Tribe, on behalf of 
itself and the members of the Tribe, shall retain any 
right— 
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(A) subject to subparagraph 16.9 of the 
Agreement, to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe and 
members under the Agreement or this Act, in 
any Federal or State court of competent jurisdic-
tion; 
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Tribe and mem-
bers under the judgment and decree entered by 
the court in the Gila River adjudication pro-
ceedings; 
(C) to assert claims for injuries to, and seek 
enforcement of, the rights of the Tribe and mem-
bers under the judgment and decree entered by 
the court in the Little Colorado River adjudica-
tion proceedings; 
(D) to object to any claims by or for any 
other Indian tribe, Indian community or nation, 
dependent Indian community, or the United 
States on behalf of such a tribe, community, or 
nation; 
(E) to assert past, present, or future claims 
for injury to water rights or any other claims 
other than a claim to water rights, against any 
other Indian tribe, Indian community or nation, 
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