Zuni Indian Tribe Water Rights Settlement Act of 2003
PL 108-34 (S.222), enacted 06/23/2003

117 STAT. 782
PUBLIC LAW 108–34—JUNE 23, 2003
Public Law 108–34
108th Congress
An Act
To approve the settlement of the water rights claims of the Zuni Indian Tribe
in Apache County, Arizona, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Zuni Indian Tribe Water Rights
Settlement Act of 2003’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress makes the following findings:
(1) It is the policy of the United States, in keeping with
its trust responsibility to Indian tribes, to promote Indian self-
determination, religious freedom, political and cultural integ-
rity, and economic self-sufficiency, and to settle, wherever pos-
sible, the water rights claims of Indian tribes without lengthy
and costly litigation.
(2) Quantification of rights to water and development of
facilities needed to use tribal water supplies effectively is essen-
tial to the development of viable Indian reservation commu-
nities, particularly in arid western States.
(3) On August 28, 1984, and by actions subsequent thereto,
the United States established a reservation for the Zuni Indian
Tribe in Apache County, Arizona upstream from the confluence
of the Little Colorado and Zuni Rivers for long-standing reli-
gious and sustenance activities.
(4) The water rights of all water users in the Little Colorado
River basin in Arizona have been in litigation since 1979,
in the Superior Court of the State of Arizona in and for the
County of Apache in Civil No. 6417, In re The General Adjudica-
tion of All Rights to Use Water in the Little Colorado River
System and Source.
(5) Recognizing that the final resolution of the Zuni Indian
Tribe’s water claims through litigation will take many years
and entail great expense to all parties, continue to limit the
Tribe’s access to water with economic, social, and cultural con-
sequences to the Tribe, prolong uncertainty as to the avail-
ability of water supplies, and seriously impair the long-term
economic planning and development of all parties, the Tribe
and neighboring non-Indians have sought to settle their dis-
putes to water and reduce the burdens of litigation.
(6) After more than 4 years of negotiations, which included
participation by representatives of the United States, the Zuni
Indian Tribe, the State of Arizona, and neighboring non-Indian
Zuni Indian
Tribe Water
Rights
Settlement
Act of 2003.
June 23, 2003
[S. 222]
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117 STAT. 783
PUBLIC LAW 108–34—JUNE 23, 2003
communities in the Little Colorado River basin, the parties
have entered into a Settlement Agreement to resolve all of
the Zuni Indian Tribe’s water rights claims and to assist the
Tribe in acquiring surface water rights, to provide for the
Tribe’s use of groundwater, and to provide for the wetland
restoration of the Tribe’s lands in Arizona.
(7) To facilitate the wetland restoration project con-
templated under the Settlement Agreement, the Zuni Indian
Tribe acquired certain lands along the Little Colorado River
near or adjacent to its Reservation that are important for
the success of the project and will likely acquire a small amount
of similarly situated additional lands. The parties have agreed
not to object to the United States taking title to certain of
these lands into trust status; other lands shall remain in tribal
fee status. The parties have worked extensively to resolve var-
ious governmental concerns regarding use of and control over
those lands, and to provide a successful model for these types
of situations, the State, local, and tribal governments intend
to enter into an Intergovernmental Agreement that addresses
the parties’ governmental concerns.
(8) Pursuant to the Settlement Agreement, the neighboring
non-Indian entities will assist in the Tribe’s acquisition of sur-
face water rights and development of groundwater, store surface
water supplies for the Zuni Indian Tribe, and make substantial
additional contributions to carry out the Settlement Agree-
ment’s provisions.
(9) To advance the goals of Federal Indian policy and
consistent with the trust responsibility of the United States
to the Tribe, it is appropriate that the United States participate
in the implementation of the Settlement Agreement and con-
tribute funds for the rehabilitation of religious riparian areas
and other purposes to enable the Tribe to use its water entitle-
ment in developing its Reservation.
(b) PURPOSES.—The purposes of this Act are—
(1) to approve, ratify, and confirm the Settlement Agree-
ment entered into by the Tribe and neighboring non-Indians;
(2) to authorize and direct the Secretary of the Interior
to execute and perform the Settlement Agreement and related
waivers;
(3) to authorize and direct the United States to take legal
title and hold such title to certain lands in trust for the benefit
of the Zuni Indian Tribe; and
(4) to authorize the actions, agreements, and appropriations
as provided for in the Settlement Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) EASTERN LCR BASIN.—The term ‘‘Eastern LCR basin’’
means the portion of the Little Colorado River basin in Arizona
upstream of the confluence of Silver Creek and the Little Colo-
rado River, as identified on Exhibit 2.10 of the Settlement
Agreement.
(2) FUND.—The term ‘‘Fund’’ means the Zuni Indian Tribe
Water Rights Development Fund established by section 6(a).
(3) INTERGOVERNMENTAL AGREEMENT.—The term ‘‘Intergov-
ernmental Agreement’’ means the intergovernmental agreement
between the Zuni Indian Tribe, Apache County, Arizona and
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117 STAT. 784
PUBLIC LAW 108–34—JUNE 23, 2003
the State of Arizona described in article 6 of the Settlement
Agreement.
(4) PUMPING PROTECTION AGREEMENT.—The term ‘‘Pumping
Protection Agreement’’ means an agreement, described in
article 5 of the Settlement Agreement, between the Zuni Tribe,
the United States on behalf of the Tribe, and a local landowner
under which the landowner agrees to limit pumping of ground-
water on his lands in exchange for a waiver of certain claims
by the Zuni Tribe and the United States on behalf of the
Tribe.
(5) RESERVATION; ZUNI HEAVEN RESERVATION.—The term
‘‘Reservation’’ or ‘‘Zuni Heaven Reservation’’, also referred to
as ‘‘Kolhu:wala:wa’’, means the following property in Apache
County, Arizona: Sections 26, 27, 28, 33, 34, and 35, Township
15 North, Range 26 East, Gila and Salt River Base and
Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, 15, 16, 23,
26, and 27, Township 14 North, Range 26 East, Gila and
Salt River Base and Meridian.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agree-
ment’’ means that agreement dated June 7, 2002, together
with all exhibits thereto. The parties to the Settlement Agree-
ment include the Zuni Indian Tribe and its members, the
United States on behalf of the Tribe and its members, the
State of Arizona, the Arizona Game and Fish Commission,
the Arizona State Land Department, the Arizona State Parks
Board, the St. Johns Irrigation and Ditch Co., the Lyman
Water Co., the Round Valley Water Users’ Association, the
Salt River Project Agricultural Improvement and Power Dis-
trict, the Tucson Electric Power Company, the City of St. Johns,
the Town of Eagar, and the Town of Springerville.
(8) SRP.—The term ‘‘SRP’’ means the Salt River Project
Agricultural Improvement and Power District, a political sub-
division of the State of Arizona.
(9) TEP.—The term ‘‘TEP’’ means Tucson Electric Power
Company.
(10) TRIBE, ZUNI TRIBE, OR ZUNI INDIAN TRIBE.—The terms
‘‘Tribe’’, ‘‘Zuni Tribe’’, or ‘‘Zuni Indian Tribe’’ means the body
politic and federally recognized Indian nation, and its members.
(11) ZUNI LANDS.—The term ‘‘Zuni Lands’’ means all the
following lands, in the State of Arizona, that, on the effective
date described in section 9(a), are—
(A) within the Zuni Heaven Reservation;
(B) held in trust by the United States for the benefit
of the Tribe or its members; or
(C) held in fee within the Little Colorado River basin
by or for the Tribe.
SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMATIONS.
(a) SETTLEMENT AGREEMENT.—To the extent the Settlement
Agreement does not conflict with the provisions of this Act, such
Settlement Agreement is hereby approved, ratified, confirmed, and
declared to be valid. The Secretary is authorized and directed
to execute the Settlement Agreement and any amendments
approved by the parties necessary to make the Settlement Agree-
ment consistent with this Act. The Secretary is further authorized
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117 STAT. 785
PUBLIC LAW 108–34—JUNE 23, 2003
to perform any actions required by the Settlement Agreement and
any amendments to the Settlement Agreement that may be mutu-
ally agreed upon by the parties to the Settlement Agreement.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Zuni Indian Tribe Water Rights Develop-
ment Fund established in section 6(a), $19,250,000, to be allocated
by the Secretary as follows:
(1) $3,500,000 for fiscal year 2004, to be used for the
acquisition of water rights and associated lands, and other
activities carried out, by the Zuni Tribe to facilitate the enforce-
ability of the Settlement Agreement, including the acquisition
of at least 2,350 acre-feet per year of water rights before the
deadline described in section 9(b).
(2) $15,750,000, of which $5,250,000 shall be made avail-
able for each of fiscal years 2004, 2005, and 2006, to take
actions necessary to restore, rehabilitate, and maintain the
Zuni Heaven Reservation, including the Sacred Lake, wetlands,
and riparian areas as provided for in the Settlement Agreement
and under this Act.
(c) OTHER AGREEMENTS.—Except as provided in section 9, the
following 3 separate agreements, together with all amendments
thereto, are approved, ratified, confirmed, and declared to be valid:
(1) The agreement between SRP, the Zuni Tribe, and the
United States on behalf of the Tribe, dated June 7, 2002.
(2) The agreement between TEP, the Zuni Tribe, and the
United States on behalf of the Tribe, dated June 7, 2002.
(3) The agreement between the Arizona State Land Depart-
ment, the Zuni Tribe, and the United States on behalf of
the Tribe, dated June 7, 2002.
SEC. 5. TRUST LANDS.
(a) NEW TRUST LANDS.—Upon satisfaction of the conditions
in paragraph 6.2 of the Settlement Agreement, and after the
requirements of section 9(a) have been met, the Secretary shall
take the legal title of the following lands into trust for the benefit
of the Zuni Tribe:
(1) In T. 14 N., R. 27 E., Gila and Salt River Base and
Meridian:
(A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, W
1/2 SE 1/4, SE 1/4 SE 1/4;
(B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE
1/4, SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SW
1/4 SE 1/4;
(C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/4, N
1/2 SE 1/4; and
(D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, NE
1/4 SE 1/4.
(2) In T. 14 N., R. 28 E., Gila and Salt River Base and
Meridian:
(A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW
1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/2 SW
1/4;
(B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/4 NW
1/4 SW 1/4, S 1/2 N 1/2 SW 1/4, S 1/2 SW 1/4, S
1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4;
(C) Section 30: W 1/2, SE 1/4; and
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117 STAT. 786
PUBLIC LAW 108–34—JUNE 23, 2003
(D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE
1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, N
1/2 NW 1/4 SW 1/4, SE 1/4 NW 1/4 SW 1/4, E 1/2 SW
1/4 SW 1/4, SW 1/4 SW 1/4 SW 1/4.
(b) FUTURE TRUST LANDS.—Upon satisfaction of the conditions
in paragraph 6.2 of the Settlement Agreement, after the require-
ments of section 9(a) have been met, and upon acquisition by
the Zuni Tribe, the Secretary shall take the legal title of the
following lands into trust for the benefit of the Zuni Tribe:
(1) In T. 14 N., R. 26E., Gila and Salt River Base and
Meridian: Section 25: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4,
NW 1/4, N 1/2 NE 1/4 SW 1/4, NE 1/4 NW 1/4 SW 1/4.
(2) In T. 14 N., R. 27 E., Gila and Salt River Base and
Meridian:
(A) Section 14: SE 1/4 SW 1/4, SE 1/4;
(B) Section 16: S 1/2 SW 1/4 SE 1/4;
(C) Section 19: S 1/2 SE 1/4 SE 1/4;
(D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE
1/4 SE 1/4;
(E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW
1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 NE
1/4 SW 1/4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW 1/4 SW
1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2 SW 1/4 SW 1/4;
(F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/4 NE
1/4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 NW 1/4, N
1/2 SW 1/4 NW 1/4, SE 1/4 SW 1/4 NW 1/4, N 1/2 N
1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4;
(G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4;
(H) Section 29: N 1/2 N 1/2;
(I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/4,
N 1/2 SW 1/4 NE 1/4; and
(J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 NE
1/4 SE 1/4.
(3) In T. 14 N., R. 28 E., Gila and Salt River Base and
Meridian:
(A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, NE
1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S 1/2 SW
1/4, N 1/2 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SE
1/4;
(B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE
1/4; and
(C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 NE
1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 1/2 SE
1/4, SW 1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, SW 1/4 SE
1/4 SE 1/4.
(c) NEW RESERVATION LANDS.—Upon satisfaction of the condi-
tions in paragraph 6.2 of the Settlement Agreement, after the
requirements of section 9(a) have been met, and upon acquisition
by the Zuni Tribe, the Secretary shall take the legal title of the
following lands in Arizona into trust for the benefit of the Zuni
Tribe and make such lands part of the Zuni Indian Tribe Reserva-
tion in Arizona: Section 34, T. 14 N., R. 26 E., Gila and Salt
River Base and Meridian.
(d) LIMITATION ON SECRETARIAL DISCRETION.—The Secretary
shall have no discretion regarding the acquisitions described in
subsections (a), (b), and (c).
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117 STAT. 787
PUBLIC LAW 108–34—JUNE 23, 2003
(e) LANDS REMAINING IN FEE STATUS.—The Zuni Tribe may
seek to have the legal title to additional lands in Arizona, other
than the lands described in subsection (a), (b), or (c), taken into
trust by the United States for the benefit of the Zuni Indian
Tribe pursuant only to an Act of Congress enacted after the date
of enactment of this Act specifically authorizing the transfer for
the benefit of the Zuni Tribe.
(f) FINAL AGENCY ACTION.—Any written certification by the
Secretary under subparagraph 6.2.B of the Settlement Agreement
constitutes final agency action under the Administrative Procedure
Act and is reviewable as provided for under chapter 7 of title
5, United States Code.
(g) NO FEDERAL WATER RIGHTS.—Lands taken into trust pursu-
ant to subsection (a), (b), or (c) shall not have Federal reserved
rights to surface water or groundwater.
(h) STATE WATER RIGHTS.—The water rights and uses for the
lands taken into trust pursuant to subsection (a) or (c) must be
determined under subparagraph 4.1.A and article 5 of the Settle-
ment Agreement. With respect to the lands taken into trust pursu-
ant to subsection (b), the Zuni Tribe retains any rights or claims
to water associated with these lands under State law, subject to
the terms of the Settlement Agreement.
(i) FORFEITURE
AND ABANDONMENT.—Water rights that are
appurtenant to lands taken into trust pursuant to subsection (a),
(b), or (c) shall not be subject to forfeiture and abandonment.
(j) AD VALOREM TAXES.—With respect to lands that are taken
into trust pursuant to subsection (a) or (b), the Zuni Tribe shall
make payments in lieu of all current and future State, county,
and local ad valorem property taxes that would otherwise be
applicable to those lands if they were not in trust.
(k) AUTHORITY OF TRIBE.—For purposes of complying with this
section and article 6 of the Settlement Agreement, the Tribe is
authorized to enter into—
(1) the Intergovernmental Agreement between the Zuni
Tribe, Apache County, Arizona, and the State of Arizona; and
(2) any intergovernmental agreement required to be
entered into by the Tribe under the terms of the Intergovern-
mental Agreement.
(l) FEDERAL
ACKNOWLEDGEMENT
OF
INTERGOVERNMENTAL
AGREEMENTS.—
(1) IN
GENERAL.—The Secretary shall acknowledge the
terms of any intergovernmental agreement entered into by
the Tribe under this section.
(2) NO ABROGATION.—The Secretary shall not seek to abro-
gate, in any administrative or judicial action, the terms of
any intergovernmental agreement that are consistent with
subparagraph 6.2.A of the Settlement Agreement and this Act.
(3) REMOVAL.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), if a judicial action is commenced during a dispute
over any intergovernmental agreement entered into under
this section, and the United States is allowed to intervene
in such action, the United States shall not remove such
action to the Federal courts.
(B) EXCEPTION.—The United States may seek removal
if—
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117 STAT. 788
PUBLIC LAW 108–34—JUNE 23, 2003
(i) the action concerns the Secretary’s decision
regarding the issuance of rights-of-way under section
8(c);
(ii) the action concerns the authority of a Federal
agency to administer programs or the issuance of a
permit under—
(I) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(II) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(III) the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(IV) 
any 
other 
Federal 
law 
specifically
addressed in intergovernmental agreements; or
(iii) the intergovernmental agreement is incon-
sistent with a Federal law for the protection of civil
rights, public health, or welfare.
(m) RULE OF CONSTRUCTION.—Nothing in this Act shall be
construed to affect the application of the Act of May 25, 1918
(25 U.S.C. 211) within the State of Arizona.
(n) DISCLAIMER.—Nothing in this section repeals, modifies,
amends, changes, or otherwise affects the Secretary’s obligations
to the Zuni Tribe pursuant to the Act entitled ‘‘An Act to convey
certain lands to the Zuni Indian Tribe for religious purposes’’
approved August 28, 1984 (Public Law 98–408; 98 Stat. 1533)
(and as amended by the Zuni Land Conservation Act of 1990
(Public Law 101–486; 104 Stat. 1174)).
SEC. 6. DEVELOPMENT FUND.
(a) ESTABLISHMENT OF THE FUND.—
(1) IN GENERAL.—There is established in the Treasury of
the United States a fund to be known as the ‘‘Zuni Indian
Tribe Water Rights Development Fund’’, to be managed and
invested by the Secretary, consisting of—
(A) the amounts authorized to be appropriated in sec-
tion 4(b); and
(B) the appropriation to be contributed by the State
of Arizona pursuant to paragraph 7.6 of the Settlement
Agreement.
(2) ADDITIONAL DEPOSITS.—The Secretary shall deposit in
the Fund any other monies paid to the Secretary on behalf
of the Zuni Tribe pursuant to the Settlement Agreement.
(b) MANAGEMENT OF THE FUND.—The Secretary shall manage
the Fund, make investments from the Fund, and make monies
available from the Fund for distribution to the Zuni Tribe consistent
with the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.) (referred to in this section as
the ‘‘Trust Fund Reform Act’’), this Act, and the Settlement Agree-
ment.
(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, ch. 41, 25 U.S.C.
161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, ch. 648, 25 U.S.C. 162a); and
(3) subsection (b).
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PUBLIC LAW 108–34—JUNE 23, 2003
(d) AVAILABILITY OF AMOUNTS FROM THE FUND.—The funds
authorized to be appropriated pursuant to section 3104(b)(2) and
funds contributed by the State of Arizona pursuant to paragraph
7.6 of the Settlement Agreement shall be available for expenditure
or withdrawal only after the requirements of section 9(a) have
been met.
(e) EXPENDITURES AND WITHDRAWAL.—
(1) TRIBAL MANAGEMENT PLAN.—
(A) IN GENERAL.—The Zuni Tribe may withdraw all
or part of the Fund on approval by the Secretary of a
tribal management plan as described in the Trust Fund
Reform Act.
(B) REQUIREMENTS.—In addition to the requirements
under the Trust Fund Reform Act, the tribal management
plan shall require that the Zuni Tribe spend any funds
in accordance with the purposes described in section 4(b).
(2) ENFORCEMENT.—The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any monies withdrawn from
the Fund under the plan are used in accordance with this
Act.
(3) LIABILITY.—If the Zuni Tribe exercises the right to
withdraw monies from the Fund, neither the Secretary nor
the Secretary of the Treasury shall retain any liability for
the expenditure or investment of the monies withdrawn.
(4) EXPENDITURE PLAN.—
(A) IN GENERAL.—The Zuni Tribe shall submit to the
Secretary for approval an expenditure plan for any portion
of the funds made available under this Act that the Zuni
Tribe does not withdraw under this subsection.
(B) DESCRIPTION.—The expenditure plan shall describe
the manner in which, and the purposes for which, funds
of the Zuni Tribe remaining in the Fund will be used.
(C) APPROVAL.—On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is reasonable
and consistent with this Act.
(5) ANNUAL REPORT.—The Zuni Tribe shall submit to the
Secretary an annual report that describes all expenditures from
the Fund during the year covered by the report.
(f) FUNDS FOR ACQUISITION OF WATER RIGHTS.—
(1) WATER
RIGHTS
ACQUISITIONS.—Notwithstanding sub-
section (e), the funds authorized to be appropriated pursuant
to section 4(b)(1)—
(A) shall be available upon appropriation for use in
accordance with section 4(b)(1); and
(B) shall be distributed by the Secretary to the Zuni
Tribe on receipt by the Secretary from the Zuni Tribe
of a written notice and a tribal council resolution that
describe the purposes for which the funds will be used.
(2) RIGHT
TO
SET
OFF.—In the event the requirements
of section 9(a) have not been met and the Settlement Agreement
has become null and void under section 9(b), the United States
shall be entitled to set off any funds expended or withdrawn
from the amount appropriated pursuant to section 4(b)(1),
together with any interest accrued, against any claims asserted
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117 STAT. 790
PUBLIC LAW 108–34—JUNE 23, 2003
by the Zuni Tribe against the United States relating to water
rights at the Zuni Heaven Reservation.
(3) WATER RIGHTS.—Any water rights acquired with funds
described in paragraph (1) shall be credited against any water
rights secured by the Zuni Tribe, or the United States on
behalf of the Zuni Tribe, for the Zuni Heaven Reservation
in the Little Colorado River General Stream Adjudication or
in any future settlement of claims for those water rights.
(g) NO PER CAPITA DISTRIBUTIONS.—No part of the Fund shall
be distributed on a per capita basis to members of the Zuni Tribe.
SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND RELEASES.
(a) FULL SATISFACTION OF MEMBERS’ CLAIMS.—
(1) IN GENERAL.—The benefits realized by the Tribe and
its members under this Act, including retention of any claims
and rights, shall constitute full and complete satisfaction of
all members’ claims for—
(A) water rights under Federal, State, and other laws
(including claims for water rights in groundwater, surface
water, and effluent) for Zuni Lands from time immemorial
through the effective date described in section 9(a) and
any time thereafter; and
(B) injuries to water rights under Federal, State, and
other laws (including claims for water rights in ground-
water, surface water, and effluent, claims for damages
for deprivation of water rights, and claims for changes
to underground water table levels) for Zuni Lands from
time immemorial through the effective date described in
section 9(a).
(2) NO
RECOGNITION
OR
ESTABLISHMENT
OF
INDIVIDUAL
WATER RIGHT.—Nothing in this Act recognizes or establishes
any right of a member of the Tribe to water on the Reservation.
(b) TRIBE
AND UNITED STATES AUTHORIZATION
AND WATER
QUANTITY WAIVERS.—The Tribe, on behalf of itself and its members
and the Secretary on behalf of the United States in its capacity
as trustee for the Zuni Tribe and its members, are authorized,
as part of the performance of their obligations under the Settlement
Agreement, to execute a waiver and release, subject to paragraph
11.4 of the Settlement Agreement, for claims against the State
of Arizona, or any agency or political subdivision thereof, or any
other person, entity, corporation, or municipal corporation, under
Federal, State, or other law for any and all—
(1) past, present, and future claims to water rights
(including water rights in groundwater, surface water, and
effluent) for Zuni Lands from time immemorial through the
effective date described in section 9(a) and any time thereafter,
except for claims within the Zuni Protection Area as provided
in article 5 of the Settlement Agreement;
(2) past and present claims for injuries to water rights
(including water rights in groundwater, surface water, and
effluent and including claims for damages for deprivation of
water rights and any claims for changes to underground water
table levels) for Zuni Lands from time immemorial through
the effective date described in section 9(a); and
(3) past, present, and future claims for water rights and
injuries to water rights (including water rights in groundwater,
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117 STAT. 791
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surface water, and effluent and including any claims for dam-
ages for deprivation of water rights and any claims for changes
to underground water table levels) from time immemorial
through the effective date described in section 9(a), and any
time thereafter, for lands outside of Zuni Lands but located
within the Little Colorado River basin in Arizona, based upon
aboriginal occupancy of lands by the Zuni Tribe or its prede-
cessors.
(c) TRIBAL WAIVERS AGAINST THE UNITED STATES.—The Tribe
is authorized, as part of the performance of its obligations under
the Settlement Agreement, to execute a waiver and release, subject
to paragraphs 11.4 and 11.6 of the Settlement Agreement, for
claims against the United States (acting in its capacity as trustee
for the Zuni Tribe or its members, or otherwise acting on behalf
of the Zuni Tribe or its members), including any agencies, officials,
or employees thereof, for any and all—
(1) past, present, and future claims to water rights
(including water rights in groundwater, surface water, and
effluent) for Zuni Lands, from time immemorial through the
effective date described in section 9(a) and any time thereafter;
(2) past and present claims for injuries to water rights
(including water rights in groundwater, surface water, and
effluent and any claims for damages for deprivation of water
rights) for Zuni Lands from time immemorial through the effec-
tive date described in section 9(a);
(3) past, present, and future claims for water rights and
injuries to water rights (including water rights in groundwater,
surface water, and effluent and any claims for damages for
deprivation of water rights) from time immemorial through
the effective date described in section 9(a), and any time there-
after, for lands outside of Zuni Lands but located within the
Little Colorado River basin in Arizona, based upon aboriginal
occupancy of lands by the Zuni Tribe or its predecessors;
(4) past and present claims for failure to protect, acquire,
or develop water rights of, or failure to protect water quality
for, the Zuni Tribe within the Little Colorado River basin
in Arizona from time immemorial through the effective date
described in section 9(a); and
(5) claims for breach of the trust responsibility of the United
States to the Zuni Tribe arising out of the negotiation of the
Settlement Agreement or this Act.
(d) TRIBAL WAIVER OF WATER QUALITY CLAIMS AND INTER-
FERENCE WITH TRUST CLAIMS.—
(1) CLAIMS AGAINST THE STATE AND OTHERS.—
(A) INTERFERENCE WITH TRUST RESPONSIBILITY.—The
Tribe, on behalf of itself and its members, is authorized,
as part of the performance of its obligations under the
Settlement Agreement, to waive and release all claims
against the State of Arizona, or any agency or political
subdivision thereof, or any other person, entity, corporation,
or municipal corporation under Federal, State, or other
law, for claims of interference with the trust responsibility
of the United States to the Zuni Tribe arising out of the
negotiation of the Settlement Agreement or this Act.
(B) INJURY OR THREAT OF INJURY TO WATER QUALITY.—
The Tribe, on behalf of itself and its members, is author-
ized, as part of the performance of its obligations under
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117 STAT. 792
PUBLIC LAW 108–34—JUNE 23, 2003
the Settlement Agreement, to waive and release, subject
to paragraphs 11.4, 11.6, and 11.7 of the Settlement Agree-
ment, all claims against the State of Arizona, or any agency
or political subdivision thereof, or any other person, entity,
corporation, or municipal corporation under Federal, State,
or other law, for—
(i) any and all past and present claims, including
natural resource damage claims under the Comprehen-
sive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.),
or any other applicable statute, for injury to water
quality accruing from time immemorial through the
effective date described in section 9(a), for lands within
the Little Colorado River basin in the State of Arizona;
and
(ii) any and all future claims, including natural
resource damage claims under the Comprehensive
Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.), the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.), or any other
applicable statute, for injury or threat of injury to
water quality, accruing after the effective date
described in section 9(a), for any lands within the
Eastern LCR basin caused by—
(I) the lawful diversion or use of surface water;
(II) the lawful withdrawal or use of under-
ground water, except within the Zuni Protection
Area, as provided in article 5 of the Settlement
Agreement;
(III) the Parties’ performance of any obliga-
tions under the Settlement Agreement;
(IV) the discharge of oil associated with rou-
tine physical or mechanical maintenance of wells
or diversion structures not inconsistent with
applicable law;
(V) the discharge of oil associated with routine
start-up and operation of well pumps not incon-
sistent with applicable law; or
(VI) any combination of the causes described
in subclauses (I) through (V).
(2) CLAIMS OF THE UNITED STATES.—The Tribe, on behalf
of itself and its members, is authorized to waive its right
to request that the United States bring—
(A) any claims for injuries to water quality under the
natural resource damage provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), the Oil Pollution Act
of 1990 (33 U.S.C. 2701 et seq.) or any other applicable
statute, for lands within the Little Colorado River Basin
in the State of Arizona, accruing from time immemorial
through the effective date described in section 9(a); and
(B) any future claims for injuries or threat of injury
to water quality under the natural resource damage provi-
sions of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
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117 STAT. 793
PUBLIC LAW 108–34—JUNE 23, 2003
seq.), or any other applicable statute, accruing after the
effective date described in section 9(a), for any lands within
the Eastern LCR basin, caused by—
(i) the lawful diversion or use of surface water;
(ii) the lawful withdrawal or use of underground
water, except within the Zuni Protection Area, as pro-
vided in article 5 of the Settlement Agreement;
(iii) the Parties’ performance of any obligations
under the Settlement Agreement;
(iv) the discharge of oil associated with routine
physical or mechanical maintenance of wells or diver-
sion structures not inconsistent with applicable law;
(v) the discharge of oil associated with routine
start-up and operation of well pumps not inconsistent
with applicable law; or
(vi) any combination of the causes described in
clauses (i) through (v).
(3) LIMITATIONS.—Notwithstanding the authorization for
the Tribe’s waiver of future water quality claims in paragraph
(1)(B)(ii) and the waiver in paragraph (2)(B), the Tribe, on
behalf of itself and its members, retains any statutory claims
for injury or threat of injury to water quality under the Com-
prehensive 
Environmental 
Response, 
Compensation, 
and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), as described
in subparagraph 11.4(D) (3) and (4) of the Settlement Agree-
ment, that accrue at least 30 years after the effective date
described in section 9(a).
(e) WAIVER OF UNITED STATES WATER QUALITY CLAIMS RELATED
TO SETTLEMENT LAND AND WATER.—
(1) PAST AND PRESENT CLAIMS.—As part of the performance
of its obligations under the Settlement Agreement, the United
States waives and releases, subject to the retentions in para-
graphs 11.4, 11.6 and 11.7 of the Settlement Agreement, all
claims against the State of Arizona, or any agency or political
subdivision thereof, or any other person, entity, corporation,
or municipal corporation for—
(A) all past and present common law claims accruing
from time immemorial through the effective date described
in section 9(a) arising from or relating to water quality
in which the injury asserted is to the Tribe’s interest in
water, trust land, and natural resources in the Little Colo-
rado River basin in the State of Arizona; and
(B) all past and present natural resource damage
claims accruing through the effective date described in
section 9(a) arising from or relating to water quality in
which the claim is based on injury to natural resources
or threat to natural resources in the Little Colorado River
basin in Arizona, only for those cases in which the United
States, through the Secretary or other designated Federal
official, would act on behalf of the Tribe as a natural
resource trustee pursuant to the National Contingency
Plan, as set forth, as of the date of enactment of this
Act, in section 300.600(b)(2) of title 40, Code of Federal
Regulations.
(2) FUTURE
CLAIMS.—As part of the performance of its
obligations under the Settlement Agreement, the United States
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117 STAT. 794
PUBLIC LAW 108–34—JUNE 23, 2003
waives and releases, subject to the retentions in paragraphs
11.4, 11.6 and 11.7 of the Settlement Agreement, the State
of Arizona, or any agency or political subdivision thereof, or
any other person, entity, corporation, or municipal corporation
for—
(A) all future common law claims arising from or
relating to water quality in which the injury or threat
of injury asserted is to the Tribe’s interest in water, trust
land, and natural resources in the Eastern LCR basin
in Arizona accruing after the effective date described in
section 9(a) caused by—
(i) the lawful diversion or use of surface water;
(ii) the lawful withdrawal or use of underground
water, except within the Zuni Protection Area, as pro-
vided in article 5 of the Settlement Agreement;
(iii) the Parties’ performance of any obligations
under the Settlement Agreement;
(iv) the discharge of oil associated with routine
physical or mechanical maintenance of wells or diver-
sion structures not inconsistent with applicable law;
(v) the discharge of oil associated with routine
start-up and operation of well pumps not inconsistent
with applicable law; or
(vi) any combination of the causes described in
clauses (i) through (v); and
(B) all future natural resource damage claims accruing
after the effective date described in section 9(a) arising
from or relating to water quality in which the claim is
based on injury to natural resources or threat to natural
resources in the Eastern LCR basin in Arizona, only for
those cases in which the United States, through the Sec-
retary or other designated Federal official, would act on
behalf of the Tribe as a natural resource trustee pursuant
to the National Contingency Plan, as set forth, as of the
date of enactment of this Act, in section 300.600(b)(2) of
title 40, Code of Federal Regulations, caused by—
(i) the lawful diversion or use of surface water;
(ii) the lawful withdrawal or use of underground
water, except within the Zuni Protection Area as pro-
vided in article 5 of the Settlement Agreement;
(iii) the Parties’ performance of their obligations
under this Settlement Agreement;
(iv) the discharge of oil associated with routine
physical or mechanical maintenance of wells or diver-
sion structures not inconsistent with applicable law;
(v) the discharge of oil associated with routine
start-up and operation of well pumps not inconsistent
with applicable law; or
(vi) any combination of the causes described in
clauses (i) through (v).
(f) EFFECT.—Subject to subsections (b) and (e), nothing in this
Act or the Settlement Agreement affects any right of the United
States, or the State of Arizona, to take any actions, including
enforcement actions, under any laws (including regulations) relating
to human health, safety and the environment.
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117 STAT. 795
PUBLIC LAW 108–34—JUNE 23, 2003
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) WAIVER
OF SOVEREIGN IMMUNITY.—If any party to the
Settlement Agreement or a Pumping Protection Agreement files
a lawsuit only relating directly to the interpretation or enforcement
of this Act, the Settlement Agreement, an agreement described
in paragraph (1), (2), or (3) of section 4(c), or a Pumping Protection
Agreement, naming the United States or the Tribe as a party,
or if any other landowner or water user in the Little Colorado
River basin in Arizona files a lawsuit only relating directly to
the interpretation or enforcement of article 11, the rights of de
minimis users in subparagraph 4.2.D or the rights of underground
water users under article 5 of the Settlement Agreement, naming
the United States or the Tribe as a party—
(1) the United States, the Tribe, or both may be added
as a party to any such litigation, and any claim by the United
States or the Tribe to sovereign immunity from such suit is
hereby waived, other than with respect to claims for monetary
awards except as specifically provided for in the Settlement
Agreement; and
(2) the Tribe may waive its sovereign immunity from suit
in the Superior Court of Apache County, Arizona for the limited
purposes of enforcing the terms of the Intergovernmental Agree-
ment, and any intergovernmental agreement required to be
entered into by the Tribe under the terms of the Intergovern-
mental Agreement, other than with respect to claims for mone-
tary awards except as specifically provided in the Intergovern-
mental Agreement.
(b) TRIBAL USE OF WATER.—
(1) IN GENERAL.—With respect to water rights made avail-
able under the Settlement Agreement and used on the Zuni
Heaven Reservation—
(A) such water rights shall be held in trust by the
United States in perpetuity, and shall not be subject to
forfeiture or abandonment;
(B) State law shall not apply to water uses on the
Reservation;
(C) the State of Arizona may not regulate or tax such
water rights or uses (except that the court with jurisdiction
over the decree entered pursuant to the Settlement Agree-
ment or the Norviel Decree Court may assess administra-
tive fees for delivery of this water);
(D) subject to paragraph 7.7 of the Settlement Agree-
ment, the Zuni Tribe shall use water made available to
the Zuni Tribe under the Settlement Agreement on the
Zuni Heaven Reservation for any use it deems advisable;
(E) water use by the Zuni Tribe or the United States
on behalf of the Zuni Tribe for wildlife or instream flow
use, or for irrigation to establish or maintain wetland on
the Reservation, shall be considered to be consistent with
the purposes of the Reservation; and
(F)(i) not later than 3 years after the deadline described
in section 9(b), the Zuni Tribe shall adopt a water code
to be approved by the Secretary for regulation of water
use on the lands identified in subsections (a) and (b) of
section 5 that is reasonably equivalent to State water law
(including statutes relating to dam safety and groundwater
management); and
Deadline.
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117 STAT. 796
PUBLIC LAW 108–34—JUNE 23, 2003
(ii) until such date as the Zuni Tribe adopts a water
code described in clause (i), the Secretary, in consultation
with the State of Arizona, shall administer water use and
water regulation on lands described in that clause in a
manner that is reasonably equivalent to State law
(including statutes relating to dam safety and groundwater
management).
(2) LIMITATION.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Zuni Tribe or the United States shall not sell,
lease, transfer, or transport water made available for use
on the Zuni Heaven Reservation to any other place.
(B) EXCEPTION.—Water made available to the Zuni
Tribe or the United States for use on the Zuni Heaven
Reservation may be severed and transferred from the Res-
ervation to other Zuni Lands if the severance and transfer
is accomplished in accordance with State law (and once
transferred to any lands held in fee, such water shall
be subject to State law).
(c) RIGHTS-OF-WAY.—
(1) NEW AND FUTURE TRUST LAND.—The land taken into
trust under subsections (a) and (b) of section 5 shall be subject
to existing easements and rights-of-way.
(2) ADDITIONAL RIGHTS-OF-WAY.—
(A) IN GENERAL.—Notwithstanding any other provision
of law, the Secretary, in consultation with the Tribe, shall
grant additional rights-of-way or expansions of existing
rights-of-way for roads, utilities, and other accommodations
to adjoining landowners if—
(i) the proposed right-of-way is necessary to the
needs of the applicant;
(ii) the proposed right-of-way will not cause signifi-
cant and substantial harm to the Tribe’s wetland res-
toration project or religious practices; and
(iii) the proposed right-of-way acquisition will
comply with the procedures in part 169 of title 25,
Code of Federal Regulations, not inconsistent with this
subsection and other generally applicable Federal laws
unrelated to the acquisition of interests across trust
lands.
(B) ALTERNATIVES.—If the criteria described in clauses
(i) through (iii) of subparagraph (A) are not met, the Sec-
retary may propose an alternative right-of-way, or other
accommodation that complies with the criteria.
(d) CERTAIN CLAIMS PROHIBITED.—The United States shall
make no claims for reimbursement of costs arising out of the
implementation of this Act or the Settlement Agreement against
any Indian-owned land within the Tribe’s Reservation, and no
assessment shall be made in regard to such costs against such
lands.
(e) VESTED RIGHTS.—Except as described in paragraph 5.3 of
the Settlement Agreement (recognizing the Zuni Tribe’s use of
1,500 acre-feet per annum of groundwater) this Act and the Settle-
ment Agreement do not create any vested right to groundwater
under Federal or State law, or any priority to the use of ground-
water that would be superior to any other right or use of ground-
water under Federal or State law, whether through this Act, the
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117 STAT. 797
PUBLIC LAW 108–34—JUNE 23, 2003
Settlement Agreement, or by incorporation of any abstract, agree-
ment, or stipulation prepared under the Settlement Agreement.
Notwithstanding the preceding sentence, the rights of parties to
the agreements referred to in paragraph (1), (2), or (3) of section
4(c) and paragraph 5.8 of the Settlement Agreement, as among
themselves, shall be as stated in those agreements.
(f) OTHER CLAIMS.—Nothing in the Settlement Agreement or
this Act quantifies or otherwise affects the water rights, claims,
or entitlements to water of any Indian tribe, band, or community,
other than the Zuni Indian Tribe.
(g) NO MAJOR FEDERAL ACTION.—
(1) IN GENERAL.—Execution of the Settlement Agreement
by the Secretary as provided for in section 4(a) shall not con-
stitute major Federal action under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.).
(2) SETTLEMENT AGREEMENT.—In implementing the Settle-
ment Agreement, the Secretary shall comply with all aspects
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.); and
(C) all other applicable environmental laws (including
regulations).
SEC. 9. EFFECTIVE DATE FOR WAIVER AND RELEASE AUTHORIZA-
TIONS.
(a) IN GENERAL.—The waiver and release authorizations con-
tained in subsections (b) and (c) of section 7 shall become effective
as of the date the Secretary causes to be published in the Federal
Register a statement of all the following findings:
(1) This Act has been enacted in a form approved by
the parties in paragraph 3.1.A of the Settlement Agreement.
(2) The funds authorized by section 4(b) have been appro-
priated and deposited into the Fund.
(3) The State of Arizona has appropriated and deposited
into the Fund the amount required by paragraph 7.6 of the
Settlement Agreement.
(4) The Zuni Indian Tribe has either purchased or acquired
the right to purchase at least 2,350 acre-feet per annum of
surface water rights, or waived this condition as provided in
paragraph 3.2 of the Settlement Agreement.
(5) Pursuant to subparagraph 3.1.D of the Settlement
Agreement, the severance and transfer of surface water rights
that the Tribe owns or has the right to purchase have been
conditionally approved, or the Tribe has waived this condition
as provided in paragraph 3.2 of the Settlement Agreement.
(6) Pursuant to subparagraph 3.1.E of the Settlement
Agreement, the Tribe and Lyman Water Company have
executed an agreement relating to the process of the severance
and transfer of surface water rights acquired by the Zuni Tribe
or the United States, the pass-through, use, or storage of the
Tribe’s surface water rights in Lyman Lake, and the operation
of Lyman Dam.
(7) Pursuant to subparagraph 3.1.F of the Settlement
Agreement, all the parties to the Settlement Agreement have
Federal Register,
publication.
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117 STAT. 798
PUBLIC LAW 108–34—JUNE 23, 2003
LEGISLATIVE HISTORY—S. 222:
SENATE REPORTS: No. 108–18 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Mar. 13, considered and passed Senate.
June 3, considered and rejected in House.
June 5, considered and passed House.
agreed and stipulated to certain Arizona Game and Fish
abstracts of water uses.
(8) Pursuant to subparagraph 3.1.G of the Settlement
Agreement, all parties to the Settlement Agreement have
agreed to the location of an observation well and that well
has been installed.
(9) Pursuant to subparagraph 3.1.H of the Settlement
Agreement, the Zuni Tribe, Apache County, Arizona and the
State of Arizona have executed an Intergovernmental Agree-
ment that satisfies all of the conditions in paragraph 6.2 of
the Settlement Agreement.
(10) The Zuni Tribe has acquired title to the section of
land adjacent to the Zuni Heaven Reservation described as
Section 34, Township 14 North, Range 26 East, Gila and Salt
River Base and Meridian.
(11) The Settlement Agreement has been modified if and
to the extent it is in conflict with this Act and such modification
has been agreed to by all the parties to the Settlement Agree-
ment.
(12) A court of competent jurisdiction has approved the
Settlement Agreement by a final judgment and decree.
(b) DEADLINE FOR EFFECTIVE DATE.—If the publication in the
Federal Register required under subsection (a) has not occurred
by December 31, 2006, sections 4 and 5, and any agreements
entered into pursuant to sections 4 and 5 (including the Settlement
Agreement and the Intergovernmental Agreement) shall not there-
after be effective and shall be null and void. Any funds and the
interest accrued thereon appropriated pursuant to section 4(b)(2)
shall revert to the Treasury, and any funds and the interest accrued
thereon appropriated pursuant to paragraph 7.6 of the Settlement
Agreement shall revert to the State of Arizona.
Approved June 23, 2003.
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