Hualapai Tribe Water Rights Settlement Act of 2022

Bill: 117-s-4104
Sponsor: Sen. Sinema, Kyrsten [D-AZ]
Introduced: 2022-04-28 in the Senate
Policy area: Native Americans
Subjects: Arizona
Federal-Indian relations
Government trust funds
Indian claims
Indian lands and resources rights
Infrastructure development
Lakes and rivers
Land transfers
Water use and supply

Summary:
action_date: 2022-04-28
text: 

Hualapai Tribe Water Rights Settlement Act of 

2022

 
This bill modifies and ratifies the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others, thus satisfying the tribe's claims for groundwater and surface water rights to water in Arizona, including the Verde River, the Bill Williams River, and the Colorado River. 
 
The bill outlines the tribe's water rights, including the right to divert, use, and store 4,000 acre-feet of agricultural priority water of the Central Arizona Project that was previously allocated to nontribal agricultural entities, but retained by the Department of the Interior for reallocation to tribes in Arizona pursuant to the Central Arizona Project Settlement Act of 2004.
 
Amounts deposited in an established trust fund account shall be made available to the tribe for specified purposes, including to construct the Hualapai Water Project. The project must be designed to divert, treat, and convey up to 3,414 acre-feet of water per year from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation. 
 
The bill authorizes Interior to take specified land into trust for the benefit of the tribe. In the future, land located outside the reservation may only be taken into trust through an act of Congress.
 
The bill outlines (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.

action_date: 2022-12-19
text: 

Hualapai Tribe Water Rights Settlement Act of 

2022

 
This bill modifies and ratifies the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others, thus satisfying the tribe's claims for groundwater and surface water rights to water in Arizona, including the Verde River, the Bill Williams River, and the Colorado River. 
 
The bill outlines the tribe's water rights, including the right to divert, use, and store 4,000 acre-feet of agricultural priority water of the Central Arizona Project that was previously allocated to nontribal agricultural entities, but retained by the Department of the Interior for reallocation to tribes in Arizona pursuant to the Central Arizona Project Settlement Act of 2004.
 
Amounts deposited in an established trust fund account shall be made available to the tribe for specified purposes, including to construct the Hualapai Water Project. The project must be designed to divert, treat, and convey up to 3,414 acre-feet of water per year from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation. 
 
The bill authorizes Interior to take specified land into trust for the benefit of the tribe. In the future, land located outside the reservation may only be taken into trust through an act of Congress.
 
The bill outlines (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.

action_date: 2022-12-22
text: 

Hualapai Tribe Water Rights Settlement Act of 

2022

 
This bill authorizes, ratifies, and confirms the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others, thus satisfying the tribe's claims for groundwater and surface water rights to water in Arizona, including the Verde River, the Bill Williams River, and the Colorado River. 
 
The bill outlines the tribe's water rights, including the right to divert, use, and store 4,000 acre-feet of agricultural priority water of the Central Arizona Project that was previously allocated to nontribal agricultural entities, but retained by the Department of the Interior for reallocation to tribes in Arizona pursuant to the Central Arizona Project Settlement Act of 2004. Interior must reallocate this priority water to the tribe, firm through 2107 a specified amount of the water, and enter into a water delivery contract with the tribe.
 
The bill directs Interior to establish the Hualapai Water Trust Fund Account. Amounts deposited in the trust fund account shall be made available to the tribe for specified purposes, including to construct the Hualapai Water Project. The project must be designed to divert, treat, and convey up to 3,414 acre-feet of water per year from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation.
 
Additionally, the bill establishes in the Treasury the Hualapai Water Settlement Implementation Fund Account. Amounts in this account must be used to carry out groundwater monitoring and an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the tribe's reservation.
 
The bill adds certain land in Arizona to the tribe's reservation and also authorizes Interior to take specified land into trust for the benefit of the tribe. In the future, land located outside the reservation may only be taken into trust through an act of Congress.
 
The bill outlines (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.
 
The bill repeals the settlement agreement (except for provisions related to land added to the reservation and land taken into trust) if Interior does not publish by April 15, 2029, a statement of findings that specified conditions have been fulfilled (including that Interior has executed the required water delivery contract).

action_date: 2023-01-05
text: 

Hualapai Tribe Water Rights Settlement Act of 

2022

 
This act authorizes, ratifies, and confirms the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others, thus satisfying the tribe's claims for groundwater and surface water rights to water in Arizona, including the Verde River, the Bill Williams River, and the Colorado River. 
 
The act outlines the tribe's water rights, including the right to divert, use, and store 4,000 acre-feet of agricultural priority water of the Central Arizona Project that was previously allocated to nontribal agricultural entities, but retained by the Department of the Interior for reallocation to tribes in Arizona pursuant to the Central Arizona Project Settlement Act of 2004. Interior must reallocate this priority water to the tribe, firm through 2107 a specified amount of the water, and enter into a water delivery contract with the tribe.
 
The act directs Interior to establish the Hualapai Water Trust Fund Account. Amounts deposited in the trust fund account shall be made available to the tribe for specified purposes, including to construct the Hualapai Water Project. The project must be designed to divert, treat, and convey up to 3,414 acre-feet of water per year from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation.
 
Additionally, the act establishes in the Treasury the Hualapai Water Settlement Implementation Fund Account. Amounts in this account must be used to carry out groundwater monitoring and an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the tribe's reservation.
 
The act adds certain land in Arizona to the tribe's reservation and also authorizes Interior to take specified land into trust for the benefit of the tribe. In the future, land located outside the reservation may only be taken into trust through an act of Congress.
 
The act outlines (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.
 
The act repeals the settlement agreement (except for provisions related to land added to the reservation and land taken into trust) if Interior does not publish by April 15, 2029, a statement of findings that specified conditions have been fulfilled (including that Interior has executed the required water delivery contract).


Legislative actions:
action_date: 2023-01-05
text: Became Public Law No: 117-349.
action_date: 2023-01-05
text: Became Public Law No: 117-349.
action_date: 2023-01-05
text: Signed by President.
action_date: 2023-01-05
text: Signed by President.
action_date: 2022-12-28
text: Presented to President.
action_date: 2022-12-28
text: Presented to President.
action_date: 2022-12-22
text: By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-287.
action_date: 2022-12-22
text: By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-287.
action_date: 2022-12-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2022-12-22
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 360 - 55 (Roll no. 542). (text: 12/21/2022 CR H9942-9952)
action_date: 2022-12-22
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 360 - 55 (Roll no. 542).(text: 12/21/2022 CR H9942-9952)
action_date: 2022-12-22
text: Considered as unfinished business. (consideration: CR H10033-10034)
action_date: 2022-12-21
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2022-12-21
text: DEBATE - The House proceeded with forty minutes of debate on S. 4104.
action_date: 2022-12-21
text: Considered under suspension of the rules. (consideration: CR H9942-9952)
action_date: 2022-12-21
text: Mrs. Peltola moved to suspend the rules and pass the bill.
action_date: 2022-12-21
text: Held at the desk.
action_date: 2022-12-21
text: Received in the House.
action_date: 2022-12-20
text: Message on Senate action sent to the House.
action_date: 2022-12-19
text: Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7315-7325)
action_date: 2022-12-19
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S7315-7325)
action_date: 2022-12-19
text: The committee amendments withdrawn by Unanimous Consent. (CR S7302)
action_date: 2022-12-19
text: Measure laid before Senate by unanimous consent. (consideration: CR S7292-7302)
action_date: 2022-12-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 684.
action_date: 2022-12-19
text: Committee on Indian Affairs. Reported by Senator Schatz with amendments. Without written report.
action_date: 2022-12-19
text: Committee on Indian Affairs. Reported by Senator Schatz with amendments. Without written report.
action_date: 2022-11-16
text: Committee on Indian Affairs. Ordered to be reported with an amendment favorably.
action_date: 2022-07-20
text: Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-530.
action_date: 2022-04-28
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2022-04-28
text: Introduced in Senate

Enacted as: number: 117-349