A bill to authorize the Secretary of the Interior to construct, operate, and maintain modifications of the existing Buffalo Bill Dam and Reservoir, Shoshone project, Pick-Sloan Missouri Basin program, Wyoming, and for other purposes.
PL 97-293 (S.1409), enacted 10/12/1982

PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1261 
Public Law 97-293 
97th Congress 
An Act 
To authorize the Secretary of the Interior to construct, operate, and maintain 
modifications of the existing Buffalo Bill Dam and Reservoir, Shoshone project, 
Pick-Sloan Missouri Basin program, Wyoming, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
TITLE I 
CONSTRUCTION OF DAM MODIFICATIONS 
Oct. 12, 1982 
[S. 1409] 
Buffalo Bill 
Dam and 
Reservoir, 
Shoshone 
project, 
Pick-Sloan 
Missouri Basin 
program, Wyo. 
SEC. 101. The Secretary of the Interior, acting pursuant to Federal 
reclamation law (Act of June 17,1902, 32 Stat. 388 aM Acts amenda- Post, p. 1263 
tory thereof and supplemental thereto), is hereby authorized to 
construct, operate, and maintain modifications to the Buffalo Bill 
Dam and Reservoir, Shoshone project, Pick-Sloan Missouri Basin 
program, Wyoming, for the purposes of providing approximately 
seventy-four thousand acre-feet of additional water annually for 
irrigation, municipal and industrial use, increased hydroelectric 
power generation, outdoor recreation, fish and wildlife conservation 
and development, environmental quality, and other purposes. The 
principal modifications to the Buffalo Bill Dam and Reservoir shall 
include raising the height of the existing Buffalo Bill Dam by 
twenty-five feet, enlarging the capacity of the existing Buffalo Bill 
Reservoir by approximately two hundred and seventy-one thousand 
acre-feet, replacing the existing Shoshone Powerplant, enlarging a 
spillway, construction of a visitor's center, dikes and impoundments^ 
and necessary facilities to effect the aforesaid purposes of the modi-
fications. These modifications are hereby authorized as part of the 
Pick-Sloan Missouri Basin program: Provided, That the powerplant 
authorized by this section shall be designed, constructed, and oper-
ated in such a manner as to not limit, restrict, or alter the release of 
water from any existing reservoir, impoundment, or canal adverse 
to the satisfaction of valid existing water rights or water delivery to 
the holder of any valid water service contract. 
CONSERVATION AND FISH AND WILDLIFE 
SEC. 102. The conservation and development of the fish and 
wildlife resources and the enhancement of recreation opportunities 
in connection with the modification of Buffalo Bill Dam and Reser-
voir shall be in accordance with the Federal Water Project Recrea-
tion Act (79 Stat. 213), as amended. 
16 u s e 406Z-12. 
COORDINATION WITH OTHER LAWS 
SEC. 103. The modifications of the Buffalo Bill Dam and Reservoir 
shall be integrated physically and financially with the other Federal 
works constructed under the comprehensive plan approved by sec-
96 STAT. 1262 
PUBLIC LAW 97-293—OCT. 12, 1982 
tion 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 
891), as amended and supplemented. Revenues for the return of 
costs allocated to power shall be determined by power rate and 
repayment analysis of the Pick-Sloan Missouri Basin program. 
Repayment contracts for the return of costs allocated to municipal 
and industrial water and irrigation water supplies exclusive of State 
participation pursuant to section 107 shall be negotiated under 
43 use 485k. 
provisions of the Reclamation Project Act of 1939 (53 Stat. 1198) or 
43 use 390b 
the Water Supply Act of 1958 (72 Stat. 320), as amended, and shall 
"°*® 
be prerequisite to the initiation of construction of facilities for this 
purpose. Costs allocated to environmental quality shall be nonreim-
bursable and nonreturnable under Federal reclamation law. 
TRANSMISSION INTERCONNECTIONS 
SEC. 104. (a) The Secretary of Energy is authorized to construct, 
operate, and maintain transmission interconnections as required 
physically to interconnect the hydroelectric powerplant authorized 
by this title to existing power systems as he determines necessary to 
accomplish distribution and marketing of the power generated. 
(b) Hydroelectric power generated by the facility constructed pur-
suant to this title shall be delivered to the Secretary of Energy for 
distribution and marketing. Such facility shall be financially inte-
grated with the Western Division, Pick-Sloan Missouri Basin pro-
gram power system and the power marketed under rate schedules in 
effect for such system. 
INTEREST 
SEC. 105. The interest rate used for computing interest during 
construction and interest on the unpaid balance of the reimbursable 
costs of the Buffalo Bill Dam and Reservoir modifications shall be 
determined by the Secretary of the Treasury, as of the beginning of 
the fiscal year in which construction of the unit is commenced, on 
the basis of the computed average interest rate payable by the 
Treasury upon its outstanding marketable public obligations which 
are neither due nor callable for fifteen years from date of issue. 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 106. (a) There is hereby authorized to be appropriated begin-
ning October 1, 1982, for construction of the Buffalo Bill Dam and 
Reservoir modifications the sum of $106,700,000 (October 1982 price 
levels) plus or minus such amounts, if any, as may be required by 
reason of ordinary fluctuations in construction costs as indicated by 
engineering cost indexes applicable to the tj^es of construction 
involved herein and, in addition thereto, such sums as may be 
required for operation, maintenance, and replacement of the works 
of said modifications: Provided, That, such sums authorized to be 
appropriated for construction, operation, maintenance, and replace-
ment shall be reduced by the amounts contributed to the project 
under the provisions of section 107 of this title. 
O
t
)
) There is also authorized to be appropriated beginning October 
1,1982, such sums as may be required by the Secretary of Energy to 
accomplish interconnection of the powerplant authorized by this 
title, together with such sums as may be required for operation and 
maintenance of the works authorized by section 104(a). 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1263 
CONTRACTS AUTHORITY 
SEC. 107. The Secretary of the Interior is authorized to enter into 
contracts with the State of Wyoming, upon such terms and condi-
tions as he deems necessary, for the division of additional water 
impounded by the modifications, the sharing of revenues from the 
modifications, and the sharing of the costs of construction, oper-
ation, maintenance, and replacement of the Buffalo Bill Dam and 
Reservoir modifications. 
TITLE II 
Reclamation 
Reform Act 
of 1982. 
SHORT TITLE 
SEC. 201. This title shall amend and supplement the Act of June 
17, 1902, and Acts supplementary thereto and amendatory thereof 
(43 U.S.C. 371), hereinafter referred to as "Federal reclamation 
law". This title may be referred to as the "Reclamation Reform Act 
of 1982". 
DEFINITIONS 
SEC. 202. As used in this title: 
(1) The term "contract" means any repayment or water serv-
ice contract between the United States and a district providing 
for the payment of construction charges to the United States 
including normal operation, maintenance, and replacement 
costs pursuant to Federal reclamation law. 
(2) The term "district" means any individual or any legal 
entity established under State law which has entered into a 
contract or is eligible to contract with the Secretary for irriga-
tion water. 
(3)(A) The term "full cost" means an annual rate as deter-
mined by the Secretary that shall amortize the expenditures for 
construction properly allocable to irrigation facilities in service, 
including all operation and maintenance deficits funded, less 
payments, over such periods as may be required under Federal 
reclamation law or applicable contract provisions, with interest 
on both accruing from the date of enactment of this Act on costs 
outstanding at that date, or from the date incurred in the case 
of costs arising subsequent to the date of enactment of this Act: 
Provided, That operation, maintenance, and replacement 
charges required under Federal reclamation law, including this 
title, shall be collected in addition to the full cost charge. 
(B) The interest rate used for expenditures made on or before 
the date of enactment of this Act shall be determined by the 
Secretary of the Treasury on the basis of the weighted average 
yield of all interest bearing, marketable issues sold by the 
Treasury during the fiscal year in which the expenditures by 
the United States were made, but shall not be less than IVz per 
centum per annum. 
(C) The interest rate used for expenditures made after the 
date of enactment of this Act shall be determined by the 
Secretary of the Treasury on the basis of the arithmetic average 
o
f
— 
(i) the rate as of the beginning of the fiscal year in which 
expenditures are made on the basis of the computed aver-
age interest rate payable by the Treasury upon its outstand-
ing marketable public obligations which are neither due 
43 u s e 390aa. 
43 u s e 371 
note. 
43 u s e 390bb. 
96 STAT. 1264 
PUBLIC LAW 97-293—OCT. 12, 1982 
nor callable for redemption for fifteen years from the date 
of issuance; and 
(ii) the weighted average yield on all interest-bearing, 
marketable issues sold by the Treasury during the fiscal 
year preceding the fiscal year in which the expenditures 
are made. 
(4) The term "individual" means any natural person, includ-
injg his or her spouse, and including other dependents thereof 
within the meaning of the Internal Revenue Code of 1954 (26 
U.S.C. 152). 
(5) The term "irrigation water" means water made available 
for agricultural purposes from the operation of reclamation 
project facilities pursuant to a contract with the Secretary. 
(6) The term "landholding" means total irrigable acreage of 
one or more tracts of land situated in one or more districts 
owned or operated under a lease which is served with irrigation 
water pursuant to a contract with the Secretary. In determining 
the extent of a landholding the Secretary shall add to any 
landholding held directly by a qualified or limited recipient that 
portion of any landholding held indirectly by such qualified or 
limited recipient which benefits that qualified or limited recipi-
ent in proportion to that landholding. 
(7) The term "limited recipient" means any legal entity estab-
lished under State or Federal law benefiting more than twenty-
five natural persons. 
(8) The term "project" means any reclamation or irrigation 
project, including incidental features thereof, authorized by 
Feder^ reclamation law, or constructed by the United States 
pursuant to such law, or in connection with which there is a 
repayment or water service contract executed by the United 
States pursuant to such law, or any project constructed by the 
Secretary through the Bureau of Reclamation for the reclama-
tion of lands. 
(9) The term "qualified recipient" means an individual who is 
a citizen of the United States or a resident alien thereof or any 
legal entity established under State or Federal law which bene-
fits twenty-five natural persons or less. 
(10) The term "recordable contract" means a contract 
between the Secretary and a landowner in writing capable of 
being recorded under State law providing for the sale or disposi-
tion of lands held in excess of the ownership limitations of 
Federal reclamation law including this title. 
(11) The term "Secretary" means the Secretary of the Inte-
rior. 
NEW OR AMENDED CONTRACTS 
43 use 3
9
0
C
C
. 
SEC. 203. (a) The provisions of this title shall be applicable to any 
district which— 
(1) enters into a contract with the Secretary subsequent to the 
date of enactment of this Act; 
(2) enters into any amendment of its contract with the Secre-
tary subsequent to the date of enactment of this Act which 
enables the district to receive supplemental or additional bene-
fits; or 
(3) which amends its contract for the purpose of conforming to 
the provisions of this title. 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1265 
(b) Any district which has an existing contract with the Secretary 
as of the date of enactment of this Act which does not enter into an 
amendment of such contract as specified in subsection (a) shall be 
subject to Federal reclamation law in effect immediately prior to the 
date of enactment of this Act, as that law is amended or supple-
mented by sections 209 through 230 of this title. Within a district 
that does not enter into an amendment of its contract with the 
Secretary within four and one-half years of the date of enactment of 
this Act, irrigation water may be delivered to lands leased in excess 
of a landholding of one hundred and sixty acres only if full cost, as 
defined in section 202(3)(A) of this title, is paid for such water as is 
assignable to those lands leased in excess of such landholding of one 
hundred and sixty acres: Provided, That the interest rate used in 
computing full cost under this subsection shall be the same as 
provided in section 205(a)(3). 
(c) In the absence of an amendment to a contract, as specified in 
subsection (a), a qualified recipient or limited recipient may elect to 
be subject to the provisions of this title by executing an irrevocable 
election in a form approved by the Secretary to comply with this 
title. The district shall thereupon deliver irrigation water to and 
collect from such recipient, for the credit of the United States, the 
additional charges required by this title and assignable to the 
recipient making the election. 
(d) Amendments to contracts which are not required by the 
provisions of this title shall not be made without the consent of the 
non-Federal party. 
UMITATION ON OWNERSHIP 
SEC. 204. Except as provided in section 209 of this title, irrigation 
water may not be delivered to— 
(1) a qualified recipient for use in the irrigation of lands 
owned by such qualified recipient in excess of nine hundred and 
sixty acres of class I lands or the equivalent thereof; or 
(2) a limited recipient for the use in the irrigation of lands 
owned by such limited recipient in excess of six hundred and 
forty acres of class I lands or the equivalent thereof; 
whether situated in one or more districts. 
43 u s e 390dd. 
PRICING 
SEC. 205. (a) Notwithstanding any other provision of law, any 
contract with a district entered into by the Secretary as specified in 
section 203, shall provide for the delivery of irrigation water at full 
cost as defined in section 202(3) to: 
(1) a landholding in excess of nine hundred and sixty acres of 
class I lands or the equivalent thereof for a qualified recipient, 
(2) a landholding in excess of three hundred and twenty acres 
of class I land or the equivalent thereof for a limited recipient 
receiving irrigation water on or before October 1, 1981; and 
(3) the entire landholding of a limited recipient not receiving 
irrigation water on or before October 1,1981: Provided, That the 
interest rate used in computing full cost under this paragraph 
shall be determined by the Secretary of the Treasury on the 
basis of the arithmetic average of— 
(A) the computed average interest rate payable by the 
Treasury upon its outstanding marketable public obliga-
43 u s e 390ee. 
96 STAT. 1266 
PUBLIC LAW 97-293—OCT. 12, 1982 
tions which are neither due nor callable for redemption for 
fifteen years from the date of issuance; and 
(B) the weighted average of market yields on all interest-
bearing, marketable issues sold by the Treasury 
during the fiscal year preceding the fiscal year in which the 
expenditures are made, or the date of enactment of this Act for 
expenditures made before such date of enactment. 
(b) Any contract with a district entered into by the Secretary as 
specified in section 203, shall provide for the delivery of irrigation 
water to lands not in excess of the landholdings described in subsec-
tion (a) upon terms and conditions related to pricing established by 
the Secretary pursuant to Federal reclamation law in effect immedi-
ately prior to the date of enactment of this Act, or, in the case of an 
amended contract, upon the terms and conditions established by 
such contract prior to the date of its amendment. However, the 
portion of any price established under this subsection which relates 
to operation and maintenance charges shall be established pursuant 
to section 208 of this title. 
(c) Notwithstanding any extension of time of any recordable con-
tract as provided in section 209(e) of this title, lands under recorda-
ble contract shall be eligible to receive irrigation water at less than 
full cost for a period not to exceed ten years from the date such 
recordable contract was executed by the Secretary in the case of 
contracts existing prior to the date of enactment of this Act, or five 
years from the date such recordable contract was executed by the 
Secretary in the case of contracts entered into subsequent to the 
date of enactment, or the time specified in section 218 for lands 
described in that section: Provided, That in no case shall the right to 
receive water at less than full cost under this subsection terminate 
sooner than eighteen months after the date on which the Secretary 
again commences the processing or the approval of the disposition of 
such lands. 
CERTIFICATION 
43 use 390ff. 
SEC. 206. As a condition to the receipt of irrigation water for lands 
in a district which has a contract as specified in section 203, each 
landowner and lessee within such district shall furnish the district, 
in a form prescribed by the Secretary, a certificate that they are in 
compliance with the provisions of this title including a statement of 
the number of acres leased, the term of any lease, and a certification 
that the rent paid reflects the reasonable value of the irrigation 
water to the productivity of the land. The Secretary may require 
any lessee to submit to him, for his examination, a complete copy of 
any such lease executed by each of the parties thereto. 
EQUIVALENCY 
43 use 390gg. 
SEC. 207. Upon the request of any district, the ownership and 
pricing limitations imposed by this title shall apply to the irrigable 
lands classified within such district by the Secretary as having class 
I productive potential or the equivalent thereof in larger acreage of 
less productive potential, as determined by the Secretary, taking 
into account all factors which significantly affect productivity, 
including but not limited to topography, soil characteristics, length 
of growing season, elevation, adequacy of water supply, and crop 
adaptability. 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1267 
OPERATION AND MAINTENANCE CHARGES 
SEC. 208. (a) The price of irrigation water delivered by the Secre- 43 use 390hh. 
tary pursuant to a contract or an amendment to a contract with a 
district, as specified in section 203, shall be at least sufficient to 
recover all operation and maintenance charges which the district is 
obligated to pay to the United States. 
O
W Whenever a district enters into a contract or requests that its 
contract be amended as specified in section 203, and each year 
thereafter, the Secretary shall calculate such operation and mainte-
nance charges and shall modify the price of irrigation water deliv-
ered under the contract as necessary to reflect any changes in such 
costs by amending the district's contract accordingly. 
(c) This section shall not apply to districts which operate and 
maintain project facilities and finance the operation and mainte-
nance thereof from non-Federal funds. 
DISPOSITION OF EXCESS LANDS 
SEC. 209. (a) Irrigation water made available in the operation of 43 use 390ii. 
reclamation project facilities may not be delivered for use in the 
irrigation of lands held in excess of the ownership limitations 
imposed by Federal reclamation law, including this title, unless and 
until the owners thereof shall have executed a recordable contract 
with the Secretary, in accordance with the terms and conditions 
required by Federal reclamation law, requiring the disposal of their 
interest in such excess lands within a reasonable time to be estab-
lished by the Secretary. In the case of recordable contracts entered 
into prior to the date of enactment of this Act, such reasonable time 
shall not exceed ten years after the recordable contract is executed 
by the Secretary. In the case of recordable contracts entered into 
after the date of enactment of this Act, except as provided in section 
218, such reasonable time shall not exceed five years after the 
recordable contract is executed by the Secretary. 
(b) Lands held in excess of the ownership limitations imposed by 
Federal reclamation law, including this title, which, on the date of 
enactment of this Act, are, or are capable of, receiving delivery of 
irrigation water made available by the operation of existing recla-
mation project facilities may receive such deliveries only— 
(1) if the disposal of the owner's interest in such lands is 
required by an existing recordable contract with the Secreteiry, 
or 
(2) if the owners of such lands have requested that a recorda-
ble contract be executed by the Secretary. 
(c) Recordable contracts existing on the date of enactment of this 
Act shall be amended at the request of the landowner to conform 
with the ownership limitations contained in this title: Provided, 
That the time period for disposal of excess lands specified in the 
existing recordable contract shall not be extended except as pro-
vided in subsection (e). 
(d) Any recordable contract covering excess lands sales shall 
provide that a power of attorney shall vest in the Secretary to sell 
any excess lands not disposed of by the owners thereof within the 
period of time specified in the recordable contract. In the exercise of 
that power, the Secretary shall sell such lands through an impartial 
selection process only to qualified purchasers according to such 
reasonable rules and regulations as the Secretary may establish: 
96 STAT. 1268 
PUBLIC LAW 97-293—OCT. 12, 1982 
Provided, That the Secretary shall recover for the owner the fair 
market value of the land unrelated to irrigation water deliveries 
plus the fair market value of improvements thereon. 
(e) In the event that the owner of any lands in excess of the 
ownership limitations of Federal reclamation law has heretofore 
entered into a recordable contract with the Secretary for the disposi-
tion of such excess lands and has been prevented from disposing of 
them because the Secretary may have withheld the processing or 
approval of the disposition of the lands (whether he may have been 
compelled to do so by court order or for other reasons), the period of 
time for the disposal of such lands by the owner thereof pursuant to 
the contract shall be extended from the date on which the Secretary 
again commences the processing or the approval of the disposition of 
such lands for a period which shall be equal to the remaining period 
of time under the recordable contract for the disposal thereof by the 
owner at the time the decision of the Secretary to withhold the 
processing or approval of such disposition first became effective. 
(f) Excess lands which have been or may be disposed of in compli-
ance with Federal reclamation law, including this title, shall not be 
considered eligible to receive irrigation water unless— 
(1) they are held by nonexcess owners; and 
(2) in the case of disposals made after the date of enactment of 
this Act, their title is burdened by a covenant prohibiting their 
sale, for a period of ten years after their original disposal to 
comply with Federal reclamation law, including this title, for 
values exceeding the sum of the value of newly added improve-
ments and the value of the land as increased by market appre-
ciation unrelated to the delivery of irrigation water. Upon 
expiration of the terms of such covenant, the title to such lands 
shall be freed of the burden of any limitations on subsequent 
sale values which might otherwise be imposed by the operation 
of section 46 of the Act entitled "An Act to adjust water rights 
charges, to grant certain relief on the Federal irrigation proj-
ects, and for other purposes", approved May 25, 1926 (43 U.S.C. 
423e). 
WATER CONSERVATION 
43 use 390jj. 
SEC. 210. (a) The Secretary shall, pursuant to his authorities under 
otherwise existing Federal reclamation law, encourage the full con-
sideration and incorporation of prudent and responsible water con-
servation measures in the operations of non-Federal recipients of 
irrigation water from Federal reclamation projects, where such 
measures are shown to be economically feasible for such non-
Federal recipients. 
(b) Each district that has entered into a repayment contract or 
water service contract pursuant to Federal reclamation law or the 
Water Supply Act of 1958, as amended (43 U.S.C. 390b), shall 
develop a water conservation plan which shall contain definite 
goals, appropriate water conservation measures, and a time sched-
ule for meeting the water conservation objectives. 
(c) The Secretary is authorized and directed to enter into memo-
randums of agreement with those Federal agencies having capa-
bility to assist in implementing water conservation measures to 
assure coordination of ongoing programs. Such memorandums 
should provide for involvement of non-Federal entities such as 
States, Indian tribes, and water user organizations to assure full 
public participation in water conservation efforts. 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1269 
RESIDENCY NOT REQUIRED 
SEC. 211. Notwithstanding any other provision of law, irrigation 43 use 390kk. 
water made available from the operation of reclamation project 
facilities shall not be withheld from delivery to any project lands for 
the reason that the owners, lessees, or operators do not live on or 
near them. 
CORPS OF ENGINEERS PROJECTS 
SEC. 212. (a) Notwithstanding any other provision of law, neither 43 use 390 H. 
the ownership or pricing limitation provisions nor the other 
provisions of Federal reclamation law, including this title, shall be 
applicable to lands receiving benefits from Federal water resources 
projects constructed by the United States Army Corps of Engineers, 
unless— 
(1) the project has, by Federal statute, explicitly been desig-
nated, made a part of, or integrated with a Federal reclamation 
project; or 
(2) the Secretary, pursuant to his authority imder Federal 
reclamation law, has provided project works for the control 
or conveyance of an agricultural water supply for the lands 
involved. 
(b) Notwithstanding any other provision of this section to the 
contrary, obligations that require water users, pursuant to contracts 
with the Secretary, to repay the share of construction costs and to 
pay the share of the operation and maintenance and contract 
administrative costs of a Corps of Engineers project which are 
allocated to conservation storage or irrigation storage shall remain 
in effect. 
REPAYMENT OF CONSTRUCTION CHARGES 
SEC. 213. (a) The ownership and full cost pricing limitations of this 43 use 390mm. 
title and the ownership limitations provided in any other provision 
of Federal reclamation law shall not apply to lands in a district after 
the obligation of a district for the repayment of the construction 
costs of the project facilities used to make project water available for 
delivery to such lands shall have been discharged by a district (or by 
a person within the district pursuant to a contract existing on the 
date of enactment of this Act), by payment of periodic installments 
throughout a specified contract term, including individual or district 
accelerated payments where so provided in contracts existing on the 
date of enactment of this Act. 
(b)(1) The Secretary shall provide, upon request of any owner of Certificate. 
a landholding for which repajonent has occurred, a certificate 
acknowledging that the landholding is free of the ownership or full 
cost pricing limitation of Federal reclamation law. Such certificate 
shall be in a form suitable for entry in the land records of the county 
in which such landholding is located. 
(2) Any certificate issued by the Secretary prior to the date of Ratification. 
enactment of this Act acknowledging that the landholding is free of 
the acreage limitation of Federal reclamation law is hereby ratified. 
(c) Nothing in this title shall be construed as authorizing or 
permitting lump sum or accelerated repayment of construction 
costs, except in the case of a repayment contract which is in effect 
upon the date of enactment of this Act and which provides for such 
lump sum or accelerated repa3rment by an individual or district. 
96 STAT. 1270 
PUBLIC LAW 97-293—OCT. 12, 1982 
43 u s e 390nn. 
TRUSTS 
SEC. 214. The ownership and full cost pricing limitations of this 
title and the ownership limitations provided in any other provision 
of Federal reclamation law shall not apply to lands in a district 
which are held by an individual or corporate trustee in a fiduciary 
capacity for a beneficiary or beneficiaries whose interests in the 
lands served do not exceed the ownership and pricing limitations 
imposed by Federal reclamation law, including tWs title. 
43 u s e 390oo. 
Waiver. 
TEMPORARY SUPPLIES OF WATER 
SEC. 215. (a) Neither the ownership limitations of this title nor the 
ownership limitations of any other provision of Federal reclamation 
law shall apply to lands which receive only a temporary, not to 
exceed one year, supply of water made possible as a result o
f
— 
(1) an unusually large water supply not otherwise storable for 
project purposes; or 
(2) infrequent and otherwise unmanaged flood flows of short 
duration. 
(b) The Secretary shall have the authority to waive payments for a 
supply of water described in subsection (a). 
INVOLUNTARY FORECLOSURE 
43 use 390pp. 
SEC. 216. Neither the ownership limitations of this title nor the 
ownership limitations of any other provision of Federal reclamation 
law shall apply to lands when the lands are acquired by involuntary 
foreclosure, or similar involuntary process of law, by bona fide 
conveyance in satisfaction of a debt (including, but not limited to, a 
mortgage, real estate contract, or deed of trust), by inheritance, or 
by devise: Provided, That such lands were eligible to receive irriga-
tion water prior to such transfer of title or the mortgaged lands 
became ineligible to receive water after the mortgage is recorded 
but before it is acquired by involuntary foreclosure or similar 
involuntary process of law or by bona fide conveyance in satisfaction 
of mortgage: Provided further. That if, after acquisition, such lands 
are not qualified under Federal reclamation law, including this title, 
they shall be furnished temporarily with an irrigation water supply 
for a period not exceeding five years from the effective date of such 
an acquisition, delivery of irrigation water thereafter ceasing until 
the transfer thereof to a landowner qualified under such laws: 
Provided further. That the provisions of section 205 of this title shall 
be applicable separately to each acquisition under this section if the 
lands are otherwise subject to the provisions of section 205. 
ISOLATED TRACTS 
43 use 390qq. 
SEC. 217. Neither the ownership limitations of this title nor the 
ownership limitations of any other provision of Federal reclamation 
law shall apply to lands which are isolated tracts found by the 
Secretary to be economically farmable only if they are included in a 
larger farming operation but which may, as a result of their inclu-
sion in that operation, cause it to exceed such ownership limitations. 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1271 
CENTRAL ARIZONA PROJECT 
SEC. 218. Lands receiving irrigation water pursuant to a contract 
with the Secretary as authorized under title III of the Colorado 
River Basin Project Act (82 Stat. 887; 43 U.S.C. 1521 et seq.) which 
are placed under recordable contract shall be eligible to receive 
irrigation water upon terms and conditions related to pricing estab-
lished by the Secretary pursuant to Federal reclamation law in 
effect immediately prior to the date of enactment of this Act, for a 
period of time not to exceed ten years from the date such lands are 
capable of being served with irrigation water, as determined by the 
Secretary. 
43 u s e 390rr. 
REUGIOUS OR CHARITABLE ORGANIZATIONS 
SEC. 219. An individual religious or charitable entity or organiza- 43 use 390ss. 
tion (including but not limited to a congregation, parish, school, 
ward, or chapter) which is exempt from taxation under section 501 
of the Internal Revenue Code of 1954, as amended, and which owns, 26 use 50i. 
operates, or le£ises any lands within a district shall be treated as an 
individual under the provisions of this title regardless of such entity 
or organization's affiliation with a central organization or its subju-
gation to a hierarchical authority of the same faith and regardless of 
whether or not the individual entity is the owner of record i
f
— 
(1) the agricultural produce and the proceeds of sales of such 
produce are directly used only for charitable purposes; 
(2) said land is operated by said individual religious or chari-
table entity or organization (or subdivisions thereof); and 
(3) no part of the net earnings of such religious or charitable 
entity or organization (or subdivision thereof) shall inure to the 
benefit of any private shareholder or individual. 
CONTRACT REQUIRED 
43 u s e 390tt. 
SEC. 220. Irrigation water temporarily made available from recla-
mation facilities in excess of ordinary quantities not otherwise 
storable for project purposes or at times when such irrigation water 
would not have been available without the operations of those 
facilities, may be used for irrigation, municipal, or industrial pur-
poses only to the extent covered by a contract requiring pajmient for 
the use of such irrigation water, executed in accordance with the 
Reclamation Project Act of 1939, or other applicable provisions of 43 use 485k. 
Federal reclamation law. 
WAIVER OF SOVEREIGN IMMUNITY 
SEC. 221. Consent is given to join the United States as a necessary 43 use 390uu. 
party defendant in any suit to adjudicate, confirm, validate, or 
decree the contractual rights of a contracting entity and the United 
States regarding any contract executed pursuant to Federal recla-
mation law. The United States, when a party to any suit, shall be 
deemed to have waived any right to plead that it is not amenable 
thereto by reason of its sovereignty, and shall be subject to judg-
ments, orders, and decrees of the court having jurisdiction, and may 
obtain review thereof, in the same manner and to the same extent 
as a private individual under like circumstances. Any suit pursuant 
97-200 O-84-pt. 1 
42 : QL3 
96 STAT. 1272 
PUBLIC LAW 97-293—OCT. 12, 1982 
to this section may be brought in any United States district court in 
the State in which the land involved is situated. 
Report to 
Congress. 
43 u s e 390w. 
EXCESS CROP RESTRICTIONS 
SEC. 222. (a) Within one year of the date of enactment of this Act, 
the Secretary of Agriculture, with the cooperation of the Secretary 
of the Interior, shall transmit to the Congress a report on the 
production of surplus crops on acreage served by irrigation water. 
The report shall include— 
(1) data delineating the production of surplus crops on lands 
served by irrigation water; 
(2) the percentage of participation of farms served by irriga-
tion water in set-aside programs, by acreage, crop, and State; 
(3) the feasibility and appropriateness of requiring the partici-
pation in acreage set-aside programs of farms served by irriga-
tion water and the costs of such a requirement; and 
(4) any recommendations concerning how to coordinate 
national reclamation policy with agriculture policy to help 
alleviate recurring problems of surplus crops and low commod-
ity prices. 
(b) In addition, notwithstanding any other provision of law, in the 
case of any Federal reclamation project authorized before the date of 
enactment of this Act, any restriction prohibiting the delivery of 
irrigation water for the production of excess basic agricultural 
commodities shall extend for a period no longer than ten years after 
the date of the initial authorization of such project. 
SMALL RECLAMATION PROJECTS ACT 
SEC. 223. Section 5(c)(2) of the Act of August 6, 1956 (43 U.S.C. 
422e), is amended by striking out "by any one owner in excess of one 
hundred and sixty irrigable acres;" and inserting in lieu thereof "by 
a qualified recipient, as such term is defined in section 202 of the 
Reclamation Reform Act of 1982, in excess of nine hundred and 
sixty irrigable acres, or by a limited recipient, as such term is 
defined in section 202 of the Reclamation Reform Act of 1982, in 
excess of three hundred and twenty irrigable acres;". 
ADMINISTRATIVE PROVISIONS 
43USC390WW. 
SEC. 224. (a) The provisions of Federal reclamation law shall 
remain in full force and effect, except to the extent such law is 
amended by, or is inconsistent with, this title, 
(b) Nothing in this title shall repeal or amend any existing 
statutory exemptions from the ownership or pricing limitations of 
Federal reclamation law. 
Regulations. 
(c) The Secretary may prescribe regulations and shall collect all 
data necessary to carry out the provisions of this title and other 
provisions of Federal reclamation law. 
(d) Section 3 of the Act of July 7,1970 (43 U.S.C. 425b) is amended 
by striking the phrase "for a period not to exceed twenty-five years" 
following the term "project water". 
(e) Any nonexcess land which is acquired into excess status pursu-
ant to involuntary foreclosure or similar involuntary process of law, 
conveyance in satisfaction of a debt (including, but not limited to, a 
mortgage, real estate contract, or deed of trust), inheritance, or 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1273 
devise, may be sold at its fair market value without regard to any 
other provision of this title or to section 46 of the Act entitled "An 
Act to adjust water rights charges, to grant certain relief on the 
Federal irrigation projects, and for other purposes", approved May 
25, 1926 (43 U.S.C. 423e): Provided, That if the status of mortgaged 
land changes from nonexcess into excess after the mortgage is 
recorded and is subsequently acquired by the lender by involuntary 
foreclosure or similar involuntary process of law, by bona fide 
conveyance in satisfaction of the mortgage, such land may be sold at 
its fair market value. 
(f) The first proviso in the third paragraph of section 1 of the Act 
of April 4,1910 (36 Stat. 269, 270), as amended by the Act of August 
7,1946 (60 Stat. 866, 867), is hereby repealed. 
25 u s e 383. 
VALIDATION 
SEC. 225. The provisions of any contract entered into prior to 
October 1, 1981, by the Secretary with a district, which define 
project or nonproject water, or describe the delivery of project water 
through nonproject facilities or nonproject water through project 
facilities to lands within the district, are hereby authorized and 
validated on the part of the United States. 
43 u s e 390xx. 
PUBLIC PARTICIPATION 
SEC. 226. Section 9 of the Reclamation Project Act of 1939 (43 
U.S.C. 485h) is amended by adding at the end the following new 
subsection: 
"(f) No less than sixty days before entering into or amending any 
repayment contract or any contract for the delivery of irrigation 
water (except any contract for the delivery of surplus or interim 
irrigation water whose duration is for one year or less) the Secretary 
s h a l l -
"(1) publish notice of the proposed contract or amendment in 
newspapers of general circulation in the affected area and shall 
make reasonable efforts to otherwise notify interested parties 
which may be affected by such contract or amendment, together 
with information indicating to whom comments or inquiries 
concerning the proposed actions can be addressed; and 
"(2) provide an opportunity for submission of written data, 
views and arguments, and shall consider all substantive com-
ments so received.". 
Notice. 
LEASING REQUIREMENTS 
SEC. 227. Notwithstanding any other provision of Federal reclama-
tion law, including this title, lands which receive irrigation water 
may be leased only if the lease instrument is— 
(1) written; and 
(2) for a term not to exceed ten years, including any exercis-
able options: Provided, however. That leases of lands for the 
production of perennial crops having an average life of more 
than ten years may be for periods of time equal to the average 
life of the perennial crop but in any event not to exceed twenty-
five years. 
43 u s e 390yy. 
96 STAT. 1274 
PUBLIC LAW 97-293—OCT. 12, 1982 
Recordkeeping. 
43 u s e 390zz. 
REPORTING 
SEC. 228. Any contracting entity subject to the ownership or 
pricing limitations of Federal reclamation law shall compile and 
maintain such records and information as the Secretary deems 
reasonably necessary to implement this title and Federal reclama-
tion law. On a date set by the Secretary following the date of 
enactment of this Act, and annually thereafter, every such contract-
ing entity shall provide in a form suitable to the Secretary such 
reports on the above matters as the Secretary may require. 
COMMISSIONER OF RECLAMATION 
43 use 873a. 
SEC. 229. The Act of May 26, 1926 (44 Stat. 657), is amended by 
adding the words "by and with the advice and consent of the 
Senate" after the word "President". 
43 u s e 390ZZ-1. 
Southern 
Arizona 
Water Rights 
Settlement 
Act of 1982. 
Papago Tribe, 
water rights 
claims. 
SEVERABILITY 
SEC. 230. If any provision of this title or the applicability thereof 
to any person or circumstances is held invalid, the remainder of this 
title and the application of such provision to other persons or 
circumstances shall not be affected thereby. 
TITLE m 
CONGRESSIONAL FINDINGS 
SEC. 301. The Congress finds that— 
(1) water rights claims of the Papago Tribe with respect to the 
San Xavier Reservation and the Schuk Toak District of the Sells 
Papago Reservation are the subject of existing and prospective 
lawsuits against numerous parties in southern Arizona, includ-
ing major mining companies, agricultural interests, and the city 
of Tucson; 
(2) these lawsuits not only will prove expensive and time 
consuming for all participants, but also could have a profound 
adverse impact upon the health and development of the Indian 
and non-Indian economies of southern Arizona; 
(3) the parties to the lawsuits and others interested in the 
settlement of the water rights claims of the Papago Indians 
within the Tucson Active Management Area and that part of 
the Upper Santa Cruz Basin not within that area have dili-
gently attempted to settle these claims and the Federal Govern-
ment, by providing the assistance specified in this title, will 
make possible the execution and implementation of a perma-
nent settlement agreement; 
(4) it is in the long-term interest of the United States, the 
State of Arizona, its political subdivisions, the Papago Indian 
Tribe, and the non-Indian community of southern Arizona that 
the United States Government assist in the implementation of a 
fair and equitable settlement of the water rights claims of the 
Papago Indians respecting certain portions of the Papago Reser-
vation; and 
(5) the settlement contedned in this title will— 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1275 
(A) provide the necessary flexibility in the management 
of water resources and will encourage allocation of those 
resources to their highest and best uses; and 
(B) insure conservation and management of water 
resources in a manner consistent with the goals and pro-
grams of the State of Arizona and the Papago Tribe. 
DEFINITIONS 
SEC. 302. For purposes of this title— 
(1) The term "acre-foot" means the amount of water neces-
sary to cover one acre of land to a depth of one foot. 
(2) The term "Central Arizona Project" means the project 
authorized under title III of the Colorado River Basin Project 
Act (82 Stat. 887; 43 U.S.C. 1521, et seq.). 
(3) The term "Papago Tribe" means the Papago Tribe of 
Arizona organized under section 16 of the Act of June 18, 1934 
(48 Stat. 987; 25 U.S.C. 476). 
(4) The term "Secretary" means the Secretary of the Interior. 
(5) The term "subjugate" means to prepare land for the 
growing of crops through irrigation. 
(6) The term "Tucson Active Management Area" means the 
area of land corresponding to the area initially designated as 
the Tucson Active Management Area pursuant to the Arizona 
Groundwater Management Act of 1980, laws 1980, fourth spe-
cial session, chapter 1. 
(7) The term "December 11, 1980, agreement" means the 
Central Arizona Project water delivery contract between the 
United States and the Papago Tribe. 
(8) The term "replacement costs" means the reasonable costs 
of acquiring and delivering water from sources within the 
Tucson Active Management Area and that part of the Upper 
Santa Cruz Basin not within that area. Such costs shall include 
costs of necessary construction amortized in accordance with 
standard Bureau of Reclamation Procedures. 
(9) The term "value" means the value attributed to the water 
based on the Tribe's anticipated or actual use of the water, or its 
fair market value, whichever is greater. 
WATER DELIVERIES TO TRIBE FROM CAP; MANAGEMENT PLAN; REPORT 
ON WATER AVAILABILITY; CONTRACT WITH TRIBE 
SEC. 303. (a) As soon as is possible but not later than ten years 
after the enactment of this title, if the Papago Tribe has agreed to 
the conditions set forth in section 306, the Secretary, acting through 
the Bureau of Reclamation, shall— 
(1) in the case of the San Xavier Reservation— 
(A) deliver annually from the main project works of the 
Central Arizona Project twenty-seven thousand acre-feet of 
water suitable for agricultural use to the reservation in 
accordance with the provisions of section 304(a); and 
(B) improve and extend the existing irrigation system on 
the San Xavier Reservation and design and construct 
within the reservation such additional canals, laterals, 
farm ditches, and irrigation works as are necessary for the 
efficient distribution for agricultural purposes of the water 
referred to in subparagraph (A); and 
96 STAT. 1276 
PUBLIC LAW 97-293—OCT. 12, 1982 
Water manage-
ment plan, 
establishment. 
Appropriation 
authorization. 
Study. 
Study. 
(2) in the case of the Schuk Toak District of the Sells Papago 
Reservation— 
(A) deliver annually from the main project works of the 
Central Arizona Project ten thousand eight hundred acre-
feet of water suitable for agricultural use to the reservation 
in accordance with the provisions of section 304(a); and 
(B) design and construct an irrigation system in the 
Eastern Schuk Toak District of the Sells Papago Reserva-
tion, including such canals, laterals, farm ditches, and irri-
gation works, as are necessary for the efficient distribution 
for agricultural purposes of the water referred to in sub-
paragraph (A); and 
(3) establish a water management plan for the San Xavier 
Reservation and the Schuk Toak District of the Sells Papago 
Reservation which, except as is necessaiy to be consistent with 
the provisions of this title, will have the same effect as any 
management plan developed under Arizona law. 
(4) There are authorized to be appropriated up to $3,500,000, 
plus or minus such amounts, if any, as may be justified by 
reason of ordinary fluctuations in construction costs as indi-
cated by engineering cost indices applicable to the tjrpe of 
construction involved for those features of the irrigation system 
described in paragraph (1)(B) or (2)(B) of section 303(a) which 
are not authorized to be constructed under any other provision 
of law. 
(b)(1) In order to encourage the Papago Tribe to develop sources of 
water on the Sells Papago Reservation, the Secretary shall, if so 
requested by the tribe, carry out a study to determine the availabil-
ity and suitability of water resources within the Sells Papago Reser-
vation but outside the Tucson Active Management Area and that 
part of the Upper Santa Cruz Bsisin not within that area. 
(2) The Secretary shall, in cooperation with the Secretary of 
Energy, or, with the appropriate agency or officials, carry out a 
study to determine— 
(A) the availability of energy and the energy requirements 
which result from the enactment of the provisions of this title, 
and 
(B) the feasibility of constructing a solar power plant or other 
alternative energy producing facility to meet such require-
ments. 
(c) The Papago Tribe shall have the right to withdraw ground 
water from beneath the San Xavier Reservation and the Schuk Toak 
District of the Sells Papago Reservation subject to the limitations of 
section 306(a). 
(d) Nothing contained in this title shall diminish or abrogate any 
obligations of the Secretary to the Papago Tribe under the Decem-
ber 11,1980, agreement. 
(e) Nothing contained in sections 303(c) and 306(c) shall be con-
strued to establish whether or not the Federal reserved rights 
doctrine applies, or does not apply, to ground water. 
DEUVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER 
SUPPUES; OPERATION AND MAINTENANCE 
SEC. 304. (a) The water delivered from the main project works of 
the Central Arizona Project to the San Xavier Reservation and to 
the Schuk To£dc District of the Sells Papago Reservation £is provided 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1277 
in section 303(a), shall be delivered in such amounts, and according 
to such terms and conditions, as are set forth in the December 11, 
1980, agreement, except as otherwise provided under this section. 
(b) Where the Secretary, pursuant to the terms and conditions of 
the agreement referred to in subsection (a), is unable, during any 
year, to deliver from the main project works of the Central Arizona 
Project any portion of the full amount of water specified in section 
303(aXl)(A) and section 303(a)(2)(A), the Secretary shall acquire and 
deliver an equivalent quEuitity of water from the following sources 
or any combination thereof: 
(1) agricultural water from the Central Arizona Project which 
has been contracted for but has been released or will be unused 
by the contractor during the period in which the Secretary will 
acquire the water; 
(2) any water available for delivery through the Central 
Arizona Project which exists by reason of the augmentation of 
the water supply available for use and distribution through the 
Central Arizona Project by subsequent Acts of Congress; and 
(3) water from any of the following sources or any combina-
tion thereof within the Tucson Active Management Area and 
that part of the Upper Santa Cruz Basin not within that area in 
the State of Arizona: 
(A) private lands or interests therein having rights in 
surface or ground water recognized under State law; or 
(B) reclaimed water to which the seller has a specific 
right. 
Deliveries of water from lands or interests referred to in subpara-
graph (A) shall be made only to the extent such water may be 
transported within the Tucson Active Management Area pursuant 
to State law. 
(c) If the Secretary is unable to acquire and deliver quantities of 
water adequate to fulfill his obligations under this section or para-
graphs (1)(A) and (2)(A) of section 303(a), he shall pay damages in an 
amount equal to— 
(1) the actual replacement costs of such quantities of water as 
are not acquired and delivered, where a delivery system has not 
been completed within ten years after the date of enactment of 
this title, or 
(2) the value of such quantities of water as are not acquired 
and delivered, where the delivery system is completed. 
(d) No land, water, water rights, contract rights, or reclaimed 
water may be acquired under subsection (b) without the consent of 
the owner thereof. No private lands may be acquired under subsec-
tion (b)(3XA) unless the lands have a recent history of receiving or 
being capable of actually receiving all or substantially all of the 
water right the use of wluch is recognized by State law. In acquiring 
any private lands under subsection (b)(3XA), the Secretary shall give 
preference to the acquisition of lands upon which water has actually 
been put to beneficial use in any one of the five years preceding the 
date of acquisition. Nothing in this section shall authorize the 
Secretary to acquire or disturb the water rights of any Indian tribe, 
band, group, or community. 
(e)(1) To meet the obligation referred to in paragraphs (1)(A) and 
(2)(A) of section 303(a), the Secretary shall, acting through the 
Bureau of Reclamation, as part of the main project works of the 
Central Arizona Project— 
96 STAT. 1278 
PUBLIC LAW 97-293—OCT. 12, 1982 
(A) design, construct and, without cost to the Papago Tribe, 
operate, maintain, and replace such facilities as are appropriate 
including any aqueduct and appurtenant pumping facilities, 
powerplants, and electric power transmission facilities which 
may be necessary for such purposes; and 
(B) deliver the water to the southern boundary of the San 
Xavier Reservation, and to the boundary of the Schuk Toak 
District of the Sells Papago Reservation, at points agreed to by 
the Secretary and the tribe which are suitable for delivery to 
the reservation distribution systems. 
Appropriation 
(2) There is hereby authorized to be appropriated by this title in 
authorization. 
addition to other sums authorized to be appropriated by this title, a 
sum equal to that portion of the total costs of phase B of the Tucson 
Aqueduct of the Central Arizona Project which the Secretary deter-
mines to be properly allocable to construction of facilities for the 
delivery of water to Indian lands as described in subparagraphs (A) 
and (B) of paragraph (1). Sums allocable to the construction of such 
facilities shall be reimbursable as provided by the Act of July 1,1932 
25 use 386a. 
(Public Law 72-240; 25 U.S.C. 386(a)), as long as such water is used 
for irrigation of Indian lands. 
(f) To facilitate the delivery of water to the San Xavier and the 
Schuk Toak District of the Sells Papago Reservation under this title, 
the Secretary is authorized— 
(1) to enter into contracts or agreements for the exchange of 
water, or for the use of aqueducts, canals, conduits, and other 
facilities for water delivery, including pumping plants, with the 
State of Arizona or any of its subdivisions, with any irrigation 
district or project, or with any authority, corporation, partner-
ship, individual, or other legal entity; and 
(2) to use facilities constructed in whole or in part with 
Federal funds. 
RECLAIMED WATER; ALTERNATIVE WATER SUPPLIES 
SEC. 305. (a) As soon as possible, but not later than ten years after 
the date of enactment of this title, the Secretary shall acquire 
reclaimed water in accordance with the agreement described in 
section 307(a)(1) and deliver annually twenty-three thousand acre-
feet of water suitable for agricultural use to the San Xavier Reserva-
tion and deliver annually five thousand two hundred acre-feet of 
water suitable for agricultural use to the Schuk Toak District of the 
Sells Papago Reservation. 
(b)(1) The obligation of the Secretary referred to in subsection (a) 
to deliver water suitable for agricultural use may be fulfilled by 
voluntary exchange of that reclaimed water for any other water 
suitable for agricultural use or by other means. To make available 
and deliver such water, the Secretary acting through the Bureau of 
Reclamation shall design, construct, operate, maintain, and replace 
such facilities as are appropriate. The costs of design, construction, 
operation, maintenance, and replacement of on-reservation systems 
for the distribution of the water referred to in subsection (a) are the 
responsibility of the Papago Tribe. 
(2) The Secretary shall not construct a separate delivery system to 
deliver reclaimed water referred to in subsection (a) to the San 
Xavier Reservation and the Schuk Toak District of the Sells Papago 
Reservation. 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1279 
(3) To facilitate the delivery of water under this title, the Secre-
tary shall, to the extent possible, utilize unused capacity of the main 
project works of the Central Arizona Project without reallocation of 
costs. 
(c) The Secretary may, as an alternative to, and in satisfaction of 
the obligation to deliver the quantities of water to be delivered 
under subsection (a), acquire and deliver pursuant to agreements 
authorized in section 307(b), an equivalent quantity of water from 
the following sources or any combination thereof— 
(1) agricultural water from the Central Arizona Project which 
has been contracted for but has been released or will be unused 
by the contractor during the period in which the Secretary will 
acquire the water; 
(2) any water available for delivery through the Central 
Arizona Project which exists by reason of the augmentation of 
the water supply available for use and distribution through the 
Central Arizona Project by subsequent Acts of Congress; and 
(3) water from any of the following sources or any combina-
tion thereof within the Tucson Active Management Area in the 
State of Arizona and that part of the Upper Santa Cruz Basin 
not within that area— 
(A) private lands or interests therein having rights in 
surface or ground water recognized under State law; or 
(B) reclaimed water to which the seller has a specific 
right. 
Deliveries of water from lands referred to in subparagraph (A) shall 
be made only to the extent such water may be transported within 
the Tucson Active Management Area pursuant to State law. 
(d) If the Secretary is unable to acquire and deliver quantities of 
Payment of 
water adequate to fulfill his obligations under this section, he shall 
°^™ages. 
pay damages in an amount equal to— 
(1) the actual replacement costs of such quantities of water as 
are not acquired and delivered, where a delivery system has not 
been completed within ten years after the date of enactment of 
this title, or 
(2) the value of such quantities of water as are not acquired 
and delivered, where a delivery system is completed. 
(e) No land, water, water rights, contract rights, or reclaimed 
water may be acquired under subsection (c) without the consent of 
the owner thereof. No private lands may be acquired under subsec-
tion (c)(3)(A) unless the lands have a recent history of receiving or 
being capable of actually receiving all or substantially all of the 
water the right to the use of which is recognized by State law. In 
acquiring said private lands, the Secretary shall give preference to 
the acquisition of lands upon which water has actually been put to 
beneficial use in any one of the five years preceding the date of 
acquisition. Nothing in this section shall authorize the Secretary to 
acquire or disturb the water rights of any Indian tribe, band, group, 
or community. 
UMITATION ON PUMPING FACILITIES FOR WATER DELIVERIES; 
DISPOSITION OF WATER 
SEC. 306. (a) The Secretary shall be required to carry out his 
obligation under subsections (b), (c), and (e) of section 304 and under 
section 305 only if the Papago Tribe agrees to— 
96 STAT. 1280 
PUBLIC LAW 97-293—OCT. 12, 1982 
(1) limit pumping of ground water from beneath the San 
Xavier Reservation to not more than ten thousand acre-feet per 
year; 
(2) limit the quantity of ground water pumped from beneath 
the eastern Schuk Toak District of the Sells Papago Reservation 
which lies within the Tucson Active Management Area to those 
quantities being withdrawn on January 1,1981; and 
(3) comply with the management plan established by the 
Secretary under section 303(aX3). 
Nothing contained in paragraph (1) shall restrict the tribe from 
drilling wells and withdrawing ground water therefrom on the San 
Xavier Reservation if such wells have a capacity of less than thirty-
five gallons per minute and are used only for domestic and livestock 
purposes. Nothing contained in paragraph (2) shall restrict the tribe 
from drilling wells and withdrawing ground water therefrom in the 
eastern Schuk Toak District of the Sells Papago Reservation which 
lies within the Tucson Active Management Area if such wells have a 
capacity of less than thirty-five gallons per minute and which are 
used only for domestic and livestock purposes. 
Qo) The Secretary shall be required to carry out his obligations 
with respect to distribution systems under paragraphs (1)(B) and 
(2)(B) of section 303(a) only if the Papago Tribe agrees to— 
(1) subjugate, at no cost to the United States, the land for 
which those distribution systems are to be planned, designed, 
and constructed by the Secretary; and 
(2) assume responsibility, through the tribe or its members or 
an entity designated by the tribe, as appropriate, following 
completion of those distribution systems and upon delivery of 
water under this title, for the operation, maintenance, and 
replacement of those systems in accordance with the first sec-
tion of the Act of August 1, 1914 (38 Stat. 583; 25 U.S.C. 385). 
(c)(1) The Papago Tribe shall have the right to devote all water 
supplies under this title, whether delivered by the Secretary or 
pumped by the tribe, to any use, including but not limited to 
agricultural, municipal, industrial, commercial, mining, or recre-
ational use whether within or outside the Papago Reservation so 
long as such use is within the Tucson Active Management Area and 
that part of the Upper Santa Cruz Basin not within such area. 
(2) The Papago Tribe may sell, exchange, or temporarily dispose of 
water, but the tribe may not permanently alienate any water right. 
In the event the tribe sells, exchanges, or temporarily disposes of 
water, such sale, exchange, or temporary disposition shall be pursu-
ant to a contract which has been accepted and ratified by a resolu-
tion of the Papago Tribal Council and approved and executed by the 
Secretary as agent and trustee for the tribe. Such contract shall 
specifically provide that an action may be maintained by the con-
tracting party against the United States and the Secretary for the 
breach thereof. The net proceeds from any sale, exchange, or disposi-
tion of water by the Papago Tribe shall be used for social or 
economic programs or for tribal administrative purposes which 
benefit the Papago Tribe. 
(d) Nothing in section 306(c) shall be construed to establish 
whether or not reserved water may be put to use, or sold for use, off 
of any reservation to which reserved water rights attach. 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1281 
OBUGATION OF THE SECRETARY; CONTRACT FOR RECLAIMED WATER; 
DISMISSAL AND WAIVER OR CLAIMS OF PAPAGO TRIBE AND ALLOTTEES 
SEC. 307. (a) The Secretary shall be required to carry out his 
obligations under subsections (b), (c), and (e) of section 304 and under 
section 305 only if— 
(1) within one year of the date of enactment of this title— 
(A) the city of Tucson and the Secretary agree that the 
city will make immediately available, without payment to 
the city, such quantity of reclaimed water treated to second-
ary standards as is adequate, after evaporative losses, to 
deliver annually, as contemplated in section 305(a), twenty-
eight thousand two hundred acre-feet of water for the 
Secretary to dispose of as he sees fit; such agreement may 
provide terms and conditions under which the Secretary 
may relinquish to the city of Tucson such quantities of 
water as are not needed to satisfy the Secretary's obliga-
tions under this title; 
(B) the Secretary and the city of Tucson, the State of 
Arizona, the Anamax Mining Company, the Cyprus-Pima 
Mining Company, the American Smelting and Refining 
Company, the Duval Corporation, and the Farmers Invest-
ment Company agree that funds will be contributed, in 
accordance with the paragraphs (1)(B) and (2) of subsection 
(b) of section 313, to the Cooperative Fund established 
under subsection (a) of such section. 
(C) the Papago Tribe agrees to file with the United States 
District Court for the District of Arizona a stipulation for 
voluntary dismissal with prejudice, in which the Attorney 
General is authorized and directed to join on behalf of the 
United States, and the allottee class representatives' peti-
tion for dismissal of the class action with prejudice in the 
United States, the Papago Indian Tribe, and others against 
the city of Tucson, and others, civil numbered 75-39 TUC 
(JAW); and 
(D) the Papago Tribe executes a waiver and release in a 
Waiver and 
manner satisfactory to the Secretary of— 
release. 
(i) any and all claims of water rights or injuries to 
water rights (including water rights in both ground 
water and surface water) within the Tucson Active 
Management Area and that part of the Upper Santa 
Cruz Basin not within said area, from time immemorial 
to the date of the execution by the tribe of such waiver, 
which the Papago Tribe has against the United States, 
the State of Arizona and any agency or political subdi-
vision thereof, or any other person, corporation, or 
municipal corporation, arising under the laws of the 
United States or the State of Arizona; and 
(ii) any and all future claims of water rights (includ-
ing water rights in both ground water and surface 
water) within the Tucson Active Management Area 
and that part of the Upper Santa Cruz Basin not within 
said area, from and after the date of execution of such 
waiver, which the Papago Tribe has against the United 
States, the State of Arizona and any agency or political 
subdivision thereof, or any other person, corporation. 
96 STAT. 1282 
PUBLIC LAW 97-293—OCT. 12, 1982 
Effective 
date. 
or municipal corporation, under the laws of the United 
States or the State of Arizona; and 
(2) the suit referred to in paragraph (1)(C) is finally dismissed; 
(b) After the conditions referred to in subsection (a) have been met 
the Secretary shall be authorized and required, if necessary or 
desirable, to enter into agreements with other individuals or entities 
to acquire and deliver water from such sources set forth in section 
305(c) if through such contracts as exercised in conjunction with the 
contract required in subsection (a)(1)(A) it is possible to deliver the 
quantities of water required in section 305(a). 
(c) Nothing in this section shall be construed as a waiver or 
release by the Papago Tribe of any claim where such claim arises 
under this title. 
(d) The waiver and release referred to in this section shall not take 
effect until such time as the trust fund referred to in section 309 is 
in existence, the conditions set forth in subsection (a) have been met, 
and the full amount authorized to be appropriated to the trust fund 
under section 309 has been appropriated by the Congress. 
(e) The settlement provided in this title shall be deemed to fully 
satisfy any and all claims of water rights or injuries to water rights 
(including water rights in both ground water and surface water) of 
all individual members of the Papago Tribe that have a legal 
interest in lands of the San Xavier Reservation and the Schuk Toak 
District of the Sells Reservation located within the Tucson Active 
Management Area and that part of the Upper Santa Cruz Basin not 
within said area, as of the date the waiver and release referred to in 
this section take effect. Any entitlement to water of any individual 
member of the Papago Tribe shall be satisfied out of the water 
resources provided in this title. 
Studies and 
analysis. 
Management. 
STUDY OF LANDS WITHIN THE GILA BEND RESERVATION; EXCHANGE OF 
LANDS AND ADDITION OF LANDS TO THE RESERVATION; AUTHORIZED 
APPROPRIATIONS 
SEC. 308. (a) The Secretary is hereby authorized and directed to 
carry out such studies and analysis as he deems necessary to 
determine which lands, if any, within the Gila Bend Reservation 
have been rendered unsuitable for agriculture by reason of the 
operation of the Painted Rock Dam. Such study and analysis shall 
be completed within one year after the date of the enactment of this 
title. 
(b) If, on the basis of the study and analysis conducted under 
subsection (a), the Secretary determines that lands have been 
rendered unsuitable for agriculture for the reasons set forth in 
subsection (a), and if the Papago Tribe consents, the Secretary is 
authorized to exchange such lands for an equivalent acreage of land 
under his jurisdiction which are within the Federal public domain 
and which, but for their suitability for agriculture, are of like 
quality. 
(c) The lands exchanged under this section shall be held in trust 
for the Papago Tribe and shall be part of the Gila Bend Reservation 
for all purposes. Such lands shall be deemed to have been reserved 
as of the date of the reservation of the lands for which they are 
exchanged. 
(d) Lands exchanged under this section which, prior to the 
exchange, were part of the Gila Bend Reservation, shall be managed 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1283 
by the Secretary of the Interior through the Bureau of Land Man-
agement. 
(e) The Secretary may require the Papago Tribe to reimburse the Reimburse-
United States for moneys paid, if any, by the Federal Government ^^'^^ 
for flood easements on lands which the Secretary replaces by 
exchange under subsection (b). 
ESTABLISHMENT OF TRUST FUND; EXPENDITURES FROM FUND 
SEC. 309. (a) Pursuant to appropriations the Secretary of the 
Treasury shall pay to the authorized governing body of the Papago 
Tribe the sum of $15,000,000 to be held in trust for the benefit of 
such Tribe and invested in interest bearing deposits and securities 
including deposits and securities of the United States. 
(b) The authorized governing body of the Papago Tribe, as trustee 
for such Tribe, may only spend each year the interest and dividends 
accruing on the sum held and invested pursuant to subsection (a). 
Such amount may only be used by the Papago Tribe for the subjuga-
tion of land, development of water resources, and the construction, 
operation, maintenance, and replacement of related facilities on the 
Papago Reservation which are not the obligation of the United 
States under this or any other Act of Congress. 
APPLICATION OF INDIAN SELF-DETERMINATION AND EDUCATION 
ASSISTANCE ACT 
SEC. 310. The functions of the Bureau of Reclamation under this 
title shall be subject to the provisions of the Indian Self-Determina-
tion and Education Assistance Act (88 Stat. 2203; 25 U.S.C. 450) to 
the same extent as if performed by the Bureau of Indian Affairs. 
EXTENSION OF STATUTE OF LIMITATIONS 
SEC. 311. Except as otherwise provided in section 107 of this title, 
notwithstanding section 2415 of title 28, United States Code, any 
action relating to water rights of the Papago Indian Tribe or any 
member of such tribe brought by the United States for, or on behalf 
of, such tribe or member of such tribe, or by such tribe on its own 
behalf, shall not be barred if the complaint is filed prior to Janu-
ary 1, 1985. 
ARID LAND RENEWABLE RESOURCE ASSISTANCE 
SEC. 312. If a Federal entity is established to provide financial 
assistance to undertake arid land renewable resources projects and 
to encourage and assure investment in the development of domestic 
sources of arid land renewable resources, such entity shall give first 
priority to the needs of the Papago Tribe in providing such assist-
ance. Such entity shall make available to the Papago Tribe— 
(1) price guarantees, loan guarantees, or purchase agree-
ments, 
(2) loans, and 
(3) joint venture projects, 
at a level to adequately cultivate a minimum number of acres as 
determined by such entity to be necessary to the economically 
successful cultivation of arid land crops and a level to contribute 
significantly to the economy of the Papago Tribe. 
96 STAT. 1284 
PUBLIC LAW 97-293—OCT. 12, 1982 
Establishment. 
Appropriation 
authorization. 
COOPERATIVE FUND 
SEC. 313. (a) There is established in the Treasury of the United 
States a fund to be known as the "Cooperative Fund" for purposes of 
carrying out the obligations of the Secretary under sections 303,304, 
and 305 of this title, including— 
(A) operation, maintenance, and repair costs related to the 
delivery of water under sections 303,304,305; 
(B) any costs of acquisition and delivery of water from alter-
native sources under section 304(b) and 305(c); and 
(C) any damages payable by the Secretary under section 304(c) 
or 305(d) of this title. 
(b)(1) The Cooperative Fund shall consist o
f
— 
(A) amounts appropriated to the Fund under paragraph (3) of 
this subsection; 
(B) $5,250,000 to be contributed as follows: 
(i) $2,750,000 (adjusted as provided in paragraph (2)) con-
tributed by the State of Arizona; 
(ii) $1,500,000 (adjusted as provided in paragraph (2)) 
contributed by the City of Tucson; and 
(iii) $1,000,000 (adjusted as provided in paragraph (2)) 
contributed jointly by the Anamax Mining Company, the 
Cyprus-Pine Mining Company, the American Smelting and 
Refining Company, the Duval Corporation, and the Farm-
ers Investment Company; and 
(C) interest accruing to the Fund under subsection (a) which is 
not expended as provided in subsection (c). 
(2) The amounts referred to in subparagraph (B) of paragraph (1) 
shall be contributed before the expiration of the three-year period 
beginning on the date of the enactment of this title. To the extent 
that any portion of such amounts is contributed after the one-year 
period beginning on the date of the enactment of this title, the 
contribution shall include an adjustment representing the addi-
tional interest which would have been earned by the Cooperative 
Fund if that portion had been contributed before the end of the one-
year period. 
(3) There are hereby authorized to be appropriated to the Coopera-
tive Fund the following: 
(A) $5,250,000; and 
(B) Such sums up to $16,000,000 (adjusted as provided in 
paragraph 2) which the Secretary determines, by notice to the 
Congress, are necessary to meet his obligations under this title; 
and 
(C) Such additional sums as may be provided by Act of 
Congress. 
(c)(1) Only interest accruing to the Cooperative Fund may be 
expended and no such interest may be expended prior to the earlier 
o
f
— 
(A) 10 years after the date of the enactment of this title; or 
(B) the date of completion of the main project works of the 
Central Arizona Project. 
(2) Interest accruing to the Fund during the twelve-month period 
before the date determined under paragraph (1) and interest accru-
ing to Fund thereafter shall, without further appropriation, be 
available for expenditure after the date determined under para-
graph (1). 
PUBLIC LAW 97-293—OCT. 12, 1982 
96 STAT. 1285 
(d) The Secretary of the Treasury shall be the trustee of the Trustee. 
Cooperative Fund. It shall be the duty of the Secretary of the investments. 
Treasury to invest such portion of the Fund as is not, in his 
judgment, required to meet current withdrawals. Such investments 
shsdl be in public debt securities with maturities suitable for the 
needs of such Fund and bearing interest at rates determined by the 
Secretary of the Treasury, taking into consideration current market 
yields on outstanding marketable obligations of the United States of 
comparable maturities. 
(e) If, before the date three years after the date of the enactment Termination. 
of this title— 
(1) the waiver and release referred to in section 307 does not 
take effect by reason of section 307(d); or 
(2) the suit referred to in section 307(a)(1)(C) is not finally 
dismissed 
the Cooperative Fund under this section shall be terminated and the 
Secretary of the Treasury shall return all amounts contributed to 
the Fund (together with a ratable share of accrued interest) to the 
respective contributors. Upon such termination, the share con-
tributed by the United States under subsection (bX3) shall be depos-
ited in the General Fund of the Treasury. 
(f) Payments for damages arising under 304(c) and 305(d) shall not 
exceed in any given year the amounts available for expenditure in 
any given year from the Cooperative Fund established under this 
section. 
COMPLIANCE WITH BUDGET ACT 
SEC. 314. No authority under this title to enter into contracts or to 
make payments shall be effective except to the extent and in such 
amounts as provided in advance in appropriations Acts. Any provi- Effective 
sion of this title which, directly or indirectly, authorizes the enact- °
^
*
® 
ment of new budget authority shall be effective only for fiscal years 
beginning after September 30,1982. 
SHORT TITLE 
SEC. 315. This title may be cited as the "Southern Arizona Water 
Rights Settlement Act of 1982". 
Approved October 12, 1982. 
LEGISLATIVE HISTORY—S. 1409 (H.R. 5118): 
HOUSE REPORTS: No. 97-422 accompanying H.R. 5118 (Comm. on Interior and 
Insular Affairs), No. 97-855 (Comm. of Conference). 
SENATE REPORTS: No. 97-375 accompanying H.R. 5118 (Comm. on Indian Affairs), 
97-420 (Comm. on Energy and Natural Resources), No. 97-568 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Mar. 4, H.R. 5118 considered and passed House. 
May 11, H.R. 5118 considered and passed Senate, amended. 
May 12, H.R. 5118 House concurred in Senate amendment with amendments. 
May 13, Senate concurred in House amendments. 
June 1, H.R. 5118 vetoed by President. 
June 22, considered and passed Senate. 
Aug. 17, considered and passed House, amended. 
Aug. 20, Senate concurred in House amendments with amendments. 
Sept. 24, Senate agreed to conference report. 
Sept. 29, House agreed to conference report.