A bill relating to the settlement between the United States and the Ak-Chin Indian Community of certain water rights claims of such Community against the United States.
PL 95-328 (S.1582), enacted 07/28/1978

PUBLIC LAW 95-328—JULY 28, 1978 
92 STAT. 409 
Public Law 95-328 
95th Congress 
An Act 
Relating to the settlement between the United States and the Ak-Chin Indian 
July 28, 197& 
community of certain water right claims of such community against the United 
[S. 1582] 
States. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) the Con- Ak-Chin Indians, 
gress hereby declares that it is the policy of Congress to resolve, with- w*^^'' •''8*1* 
out costly and lengthy litigation, the claims of the Ak-Chin Indian claims, 
community for water based upon failure of the United States to meet 
its trust responsibility to the Indian people provided reasonable settle-
ment can be reached. 
(b) The Congress hereby finds and declares that— 
(1) the Ak-Chin Indian community relies for its economic sus-
tenance on farming, and that ground water, necessary thereto, is 
declining at a rate which will make it uneconomical to farm within 
the next few years; 
(2) at the time of the settlement of the reservation, it was the 
obligation and intention of the United States to provide water to 
the Ak-Chin Indian Reservation, and such obligation remains 
unfulfilled; 
(3) it is likely that the United States would be held liable for 
its failure to provide water and for allowing ground water beneath 
the reservation to be mined; 
(4) there exists a critical situation at Ak-Chin in that there 
is not sufficient economically recoverable ground water beneath 
the reservation to sustain a farming operation until a permanent 
source of water suitable for irrigation on the reservation can be 
delivered; 
(5) this Act is proposed to settle the Ak-Chin Indian com-
munity's claim for water by meeting the emergency needs of the 
Ak-Chin community through construction of a well field and 
water delivery system from nearby Federal lands and by obligat-
ing the United States to meet the Ak-Chin community's needs 
for a permanent supply of water in a fixed amount to be avail-
able upon a date certain, in exchange for a release of all claims 
such community has against the United States for failing to act 
consistently with its trust responsibility to protect and deliver 
the water resources of the community; and 
(6) it is the intention of this Act not to discriminate against 
any non-Indian landowners or other persons, but to fulfill the 
historic and legal obligation of the United States toward the 
Ak-Chin Indian community. 
SEC. 2. (a) For the purposes of this Act, the Secretary of the Inte- Studies. 
rior (hereinafter referred to as the "Secretary") shall undertake engi-
neering and hydrological studies as may be necessary to determine 
whether there exists, on Federal lands near the Ak-Chin Indian Res-
ervation, a source of ground water which could be taken, on an annual 
basis, for use in connection with any contract entered into pursuant 
to subsection (b) of this section, subject to the provisions in (c) (2). 
92 STAT. 410 
PUBLIC LAW 95-328—JULY 28, 1978 
Report to 
Such studies shall be completed and a report with respect thereto sub-
Congress, 
mitted to the Congress within twelve months after the date of the 
enactment of this Act. 
Contracts. 
(b) Within one hundred and eighty days following the submission 
to the Congress of the report referred to in subsection (a), the Secre-
tary, if he determines that there exists a source of ground water which 
can be so taken on an annual basis, shall enter into a contract or other 
agreement with the Ak-Chin Indian community pursuant to which 
the Secretary shall agree, on bel.alf of the United States, to— 
(1) furnish, subject to the provisions of clause (2) of subsec-
tion (c) of this section, to the Ak-Chin Indian community, 
commencing within sixty days following the completion of the 
necessary facilities under clause (2) of this subsection but in no 
event later than four years from the date of said contract, the 
delivery to the southeast corner of the lands comprising the 
Ak-Chin Indian Reservation, on an annual basis, of eighty-five 
thousand acre-feet of ground water from nearby Federal lands 
covered by such studies; 
(2) take such action as may be necessary to begin within sixty 
days following the date of such contract, to drill, construct, equip, 
maintain, repair, reconstruct, and operate a well field on such 
Federal lands, and to construct and maintain a delivery system, 
including canals, pumping stations and other appurtenant works, 
sufficient to provide for the delivery of such ground water from 
such Federal lands to the southeast corner of the lands compris-
ing the Ak-Chin Indian Reservation. 
(c) (1) The delivery of ground water under clause (1) of sub-
section (b) sb.all continue until augmented or replaced by the perma-
nent water supply required under section 3 to be delivered to the 
Ak-Chin Indian Reservation, except that the obligation to deliver 
ground water during any year shall be reduced for that year by an 
amount equal to the amount of surface water delivered to such com-
munity pursuant to such contract durin<r such year. 
(2) Notwithstanding the provisions of clause (1) of subsection (b) 
of this section, the Secretary, if he determines that pumping eighty-
five thousand acre-feet of ground water annually from nearby Federal 
lands to the Ak-Chin community would (A) not be hydrologically 
feasible or (B) diminish the ground water supply in the basin and 
thereby cause severe damage to other water users; may deliver a lesser 
amount. 
(d) The Secretary is authorized to receive and consider any claims 
arising under this Act from water users other than the Ak-Chin 
Indian community for compensation for any losses or other expenses 
incurred by such users by reason of the enactment of this Act or actions 
taken thereunder. 
Plan, report to 
(e) Notwithstanding any other provision of this Act, if the Secre-
Congress. 
tary determines on the basis of studies conducted pursuant to sub-
section (a) of this section, that the pumping on an annual basis of 
any such ground water pursuant to clause (1) of subsection (b) of 
this section in excess of sixty thousand acre-feet is not possible by 
reason of clause (2) of subsection (c), and the Ak-Chin Indian com-
munity does not agree to contract for a lesser amount, the Secretary 
shall report to the Congress an alternative plan for meeting the 
emergency needs of the Ak-Chin Indian community. Such alternative 
plan shall be submitted to the Congress within one hundred and 
eighty days following the submission of the report referred to in 
subsection (a). 
PUBLIC LAW 95-328—JULY 28, 1978 
92 STAT. 411 
Waivers. 
SEC. 3. In addition, and as a part of the contract referred to in sec-
tion 2(b) of this Act, the Secretary shall provide for, commencing 
as soon as possible, but in no event later than the expiration of the 
twenty-five-year period following the date of the enactment of this 
Act, the permanent delivery, on an annual basis, to the lands com-
prising the Ak-Chin Indian Reservation, of eighty-five thousand acre-
feet of water suitable for irrigation on the reservation. 
SEC. 4. (a) As consideration on the part of the Ak-Chin Indian 
community for entering into any contract or agreement pursuant to 
section 2(b), the Ak-Chin Indian community shall agree to waive, 
in a manner satisfactory to the Secretary, any and all claims of water 
rights or injuries to water rights of the Ak-Chin Indian community, 
including both ground water and surface water from time immemorial 
to the present, which it might have against the United States, the 
State of Arizona or agency thereof, or any other person, corporation, 
or municipal corporation, arising under the laws of the United States 
or the State of Arizona. 
(b) As further consideration on the part of the Ak-Chin Indian 
community for entering into any contract or other agreement pursu-
ant to section 2(b), the Ak-Chin Indian community shall agree to 
waive any and all claims of water rights or injuries to water rights, 
including both ground water and surface water, arising under the laws 
of the United States or the State of Arizona, which it might have in 
the future against any person, corporation, municipal corporation, or 
the State of Arizona or agency thereof. 
(c) Notwithstanding the provisions of subsections (a) and (b) of 
this section, the community will not thereby waive any claims against 
the United States for breach, if any, of the contract referred to in sec-
tion 2(b) of this Act. A failure to deliver water within the times 
specified in either section 2(b) or 3 shall be deemed a breach of the 
contract. The measure of damages for any such breach shall be the Damages 
replacement cost of water not delivered by the United States. 
SEC. 5. There are authorized to be appropriated for the fiscal year 
ending September 30, 1979, the sum of $500,000, and the aggregate 
sum of $42,500,000 to be appropriated prior to the fiscal year ending 
September 30, 1983, for carrying out the purposes of section 2 of this 
Act. Notwithstanding any other provisions of this Act, no authoriza-
tion to make payments under this Act, or to enter into contracts, shall 
be effective except to such extent or in such amounts as are provided 
in advance in appropriations Acts. 
Approved July 28, 1978. 
Breach of 
contract. 
Appropriation 
authorization. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-954 accompanying H.R. 8099 (Comm. on Interior and Insular 
Affairs). 
SENATE REPORT No. 95-460 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Oct. 11, considered and passed Senate. 
Vol. 124 (1978): May 2, H.R. 8099 considered and failed of passage in House. 
June 29, H.R. 8099 considered and passed House; proceedings 
vacated and S. 1582, amended, passed in lieu. 
July 13, Senate concurred in House amendment. 
39-194 O—80—pt. 1 
30 : QL3