Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005
PL 109-110 (S.161), enacted 11/22/2005

119 STAT. 2351
PUBLIC LAW 109–110—NOV. 22, 2005
Public Law 109–110
109th Congress
An Act
To provide for a land exchange in the State of Arizona between the Secretary
of Agriculture and Yavapai Ranch Limited Partnership.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Northern
Arizona Land Exchange and Verde River Basin Partnership Act
of 2005’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—NORTHERN ARIZONA LAND EXCHANGE
Sec. 101. Definitions.
Sec. 102. Land exchange.
Sec. 103. Description of non-Federal land.
Sec. 104. Description of Federal land.
Sec. 105. Status and management of land after exchange.
Sec. 106. Miscellaneous provisions.
Sec. 107. Conveyance of additional land.
TITLE II—VERDE RIVER BASIN PARTNERSHIP
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Verde River Basin Partnership.
Sec. 204. Verde River Basin studies.
Sec. 205. Verde River Basin Partnership final report.
Sec. 206. Memorandum of understanding.
Sec. 207. Effect.
TITLE I—NORTHERN ARIZONA LAND
EXCHANGE
SEC. 101. DEFINITIONS.
In this title:
(1) CAMP.—The term ‘‘camp’’ means Camp Pearlstein,
Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and
Young Life Lost Canyon camps in the State of Arizona.
(2) CITIES.—The term ‘‘cities’’ means the cities of Flagstaff,
Williams, and Camp Verde, Arizona.
(3) FEDERAL LAND.—The term ‘‘Federal land’’ means the
land described in section 104.
(4) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’
means the land described in section 103.
Northern Arizona
Land Exchange
and Verde
River Basin
Partnership Act
of 2005.
Nov. 22, 2005
[S. 161]
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01208
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2352
PUBLIC LAW 109–110—NOV. 22, 2005
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(6) YAVAPAI
RANCH.—The term ‘‘Yavapai Ranch’’ means
the Yavapai Ranch Limited Partnership, an Arizona Limited
Partnership, and the Northern Yavapai, L.L.C., an Arizona
Limited Liability Company.
SEC. 102. LAND EXCHANGE.
(a) IN GENERAL.—(1) Upon the conveyance by Yavapai Ranch
of title to the non-Federal land identified in section 103, the Sec-
retary shall simultaneously convey to Yavapai Ranch title to the
Federal land identified in section 104.
(2) Title to the lands to be exchanged shall be in a form
acceptable to the Secretary and Yavapai Ranch.
(3) The Federal and non-Federal lands to be exchanged under
this title may be modified prior to the exchange as provided in
this title.
(4)(A) By mutual agreement, the Secretary and Yavapai Ranch
may make minor and technical corrections to the maps and legal
descriptions of the lands and interests therein exchanged or retained
under this title, including changes, if necessary to conform to sur-
veys approved by the Bureau of Land Management.
(B) In the case of any discrepancy between a map and legal
description, the map shall prevail unless the Secretary and Yavapai
Ranch agree otherwise.
(b) EXCHANGE PROCESS.—(1) Except as otherwise provided in
this title, the land exchange under subsection (a) shall be under-
taken in accordance with section 206 of the Federal Land Policy
and Management Act (43 U.S.C. 1716).
(2) Before completing the land exchange under this title, the
Secretary shall perform any necessary land surveys and pre-
exchange inventories, clearances, reviews, and approvals, including
those relating to hazardous materials, threatened and endangered
species, cultural and historic resources, and wetlands and flood
plains.
(c) EQUAL VALUE EXCHANGE.—(1) The value of the Federal
land and the non-Federal land shall be equal, or equalized by
the Secretary by adjusting the acreage of the Federal land in
accordance with paragraph (2).
(2) If the final appraised value of the Federal land exceeds
the final appraised value of the non-Federal land, prior to making
other adjustments, the Federal lands shall be adjusted by deleting
all or part of the parcels or portions of the parcels in the following
order:
(A) A portion of the Camp Verde parcel described in section
104(a)(4), comprising approximately 316 acres, located in the
Prescott National Forest, and more particularly described as
lots 1, 5, and 6 of section 26, the NE1⁄4NE1⁄4 portion of section
26 and the N1⁄2N1⁄2 portion of section 27, Township 14 North,
Range 4 East, Gila and Salt River Base and Meridian, Yavapai
County, Arizona.
(B) A portion of the Camp Verde parcel described in section
104(a)(4), comprising approximately 314 acres, located in the
Prescott National Forest, and more particularly described as
lots 2, 7, 8, and 9 of section 26, the SE1⁄4NE1⁄4 portion of
section 26, and the S1⁄2N1⁄2 of section 27, Township 14 North,
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01209
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2353
PUBLIC LAW 109–110—NOV. 22, 2005
Range 4 East, Gila and Salt River Base and Meridian, Yavapai
County, Arizona.
(C) Beginning at the south boundary of section 31, Town-
ship 20 North, Range 5 West, Gila and Salt River Base and
Meridian, Yavapai County, Arizona, and sections 33 and 35,
Township 20 North, Range 6 West, Gila and Salt River Base
and Meridian, Yavapai County, Arizona, by adding to the non-
Federal land to be conveyed to the United States in 1⁄8-section
increments (E–W 64th line) while deleting from the conveyance
to Yavapai Ranch Federal land in the same incremental por-
tions of section 32, Township 20 North, Range 5 West, Gila
and Salt River Base and Meridian, Yavapai County, Arizona,
and sections 32, 34, and 36 in Township 20 North, Range
6 West, Gila and Salt River Base and Meridian, Yavapai
County, Arizona, to establish a linear and continuous boundary
that runs east-to-west across the sections.
(D) Any other parcels, or portions thereof, agreed to by
the Secretary and Yavapai Ranch.
(3) If any parcel of Federal land or non-Federal land is not
conveyed because of any reason, that parcel of land, or portion
thereof, shall be excluded from the exchange and the remaining
lands shall be adjusted as provided in this subsection.
(4) If the value of the Federal land exceeds the value of the
non-Federal land by more than $50,000, the Secretary and Yavapai
Ranch shall, by mutual agreement, delete additional Federal land
from the exchange until the value of the Federal land and non-
Federal land is, to the maximum extent practicable, equal.
(d) APPRAISALS.—(1) The value of the Federal land and non-
Federal land shall be determined by appraisals prepared in accord-
ance with the Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional Appraisal
Practice.
(2)(A) After the Secretary has reviewed and approved the final
appraised values of the Federal land and non-Federal land to be
exchanged, the Secretary shall not be required to reappraise or
update the final appraised values before the completion of the
land exchange.
(B) This paragraph shall apply during the three-year period
following the approval by the Secretary of the final appraised values
of the Federal land and non-Federal land unless the Secretary
and Yavapai Ranch have entered into an agreement to implement
the exchange.
(3) During the appraisal process, the appraiser shall determine
the value of each parcel of Federal land and non-Federal land
(including the contributory value of each individual section of the
intermingled Federal and non-Federal land of the property
described in sections 103(a) and 104(a)(1)) as an assembled trans-
action.
(4)(A) To ensure the timely and full disclosure to the public
of the final appraised values of the Federal land and non-Federal
land, the Secretary shall provide public notice of any appraisals
approved by the Secretary and copies of such appraisals shall
be available for public inspection in appropriate offices of the Pres-
cott, Coconino, and Kaibab National Forests.
(B) The Secretary shall also provide copies of any approved
appraisals to the cities and the owners of the camps described
in section 101(1).
Records.
Notice.
Applicability.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01210
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2354
PUBLIC LAW 109–110—NOV. 22, 2005
(e) CONTRACTING.—(1) If the Secretary lacks adequate staff
or resources to complete the exchange by the date specified in
section 106(c), Yavapai Ranch, subject to the agreement of the
Secretary, may contract with independent third-party contractors
to carry out any work necessary to complete the exchange by
that date.
(2) If, in accordance with this subsection, Yavapai Ranch con-
tracts with an independent third-party contractor to carry out any
work that would otherwise be performed by the Secretary, the
Secretary shall reimburse Yavapai Ranch for the costs for the
third-party contractors.
(f) EASEMENTS.—(1) The exchange of non-Federal and Federal
land under this title shall be subject to any easements, rights-
of-way, utility lines, and any other valid encumbrances in existence
on the date of enactment of this Act, including acquired easements
for water pipelines as generally depicted on the map entitled
‘‘Yavapai Ranch Land Exchange, YRLP Acquired Easements for
Water Lines’’ dated August 2004, and any other reservations that
may be agreed to by the Secretary and Yavapai Ranch.
(2) Upon completion of the land exchange under this title,
the Secretary and Yavapai Ranch shall grant each other at no
charge reciprocal easements for access and utilities across, over,
and through—
(A) the routes depicted on the map entitled ‘‘Yavapai Ranch
Land Exchange, Road and Trail Easements, Yavapai Ranch
Area’’ dated August 2004; and
(B) any relocated routes that are agreed to by the Secretary
and Yavapai Ranch.
(3) An easement described in paragraph (2) shall be unrestricted
and non-exclusive in nature and shall run with and benefit the
land.
(g) CONVEYANCE OF FEDERAL LAND TO CITIES AND CAMPS.—
(1) Prior to the completion of the land exchange between Yavapai
Ranch and the Secretary, the cities and the owners of the camps
may enter into agreements with Yavapai Ranch whereby Yavapai
Ranch, upon completion of the land exchange, will convey to the
cities or the owners of the camps the applicable parcel of Federal
land or portion thereof.
(2) If Yavapai Ranch and the cities or camp owners have
not entered into agreements in accordance with paragraph (1),
the Secretary shall, on notification by the cities or owners of the
camps no later than 30 days after the date the relevant approved
appraisal is made publicly available, delete the applicable parcel
or portion thereof from the land exchange between Yavapai Ranch
and the United States as follows:
(A) Upon request of the City of Flagstaff, Arizona, the
parcels, or portion thereof, described in section 104(a)(2).
(B) Upon request of the City of Williams, Arizona, the
parcels, or portion thereof, described in section 104(a)(3).
(C) Upon request of the City of Camp Verde, Arizona,
a portion of the parcel described in section 104(a)(4), comprising
approximately 514 acres located southeast of the southeastern
boundary of the I–17 right-of-way, and more particularly
described as the SE1⁄4 portion of the southeast quarter of section
26, the E1⁄2 and the E1⁄2W1⁄2 portions of section 35, and lots
5 through 7 of section 36, Township 14 North, Range 4 East,
Deadline.
Public
information.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01211
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2355
PUBLIC LAW 109–110—NOV. 22, 2005
Gila and Salt River Base and Meridian, Yavapai County,
Arizona.
(D) Upon request of the owners of the Younglife Lost
Canyon camp, the parcel described in section 104(a)(5).
(E) Upon request of the owner of Friendly Pines Camp,
Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or
Sky Y Camp, as applicable, the corresponding parcel described
in section 104(a)(6).
(3)(A) Upon request of the specific city or camp referenced
in paragraph (2), the Secretary shall convey to such city or camp
all right, title, and interest of the United States in and to the
applicable parcel of Federal land or portion thereof, upon payment
of the fair market value of the parcel and subject to any terms
and conditions the Secretary may require.
(B) A conveyance under this paragraph shall not require new
administrative or environmental analyses or appraisals beyond
those prepared for the land exchange.
(4) A city or owner of a camp purchasing land under this
subsection shall reimburse Yavapai Ranch for any costs incurred
which are directly associated with surveys and appraisals of the
specific property conveyed.
(5) A conveyance of land under this subsection shall not affect
the timing of the land exchange.
(6) Nothing in this subsection limits the authority of the Sec-
retary or Yavapai Ranch to delete any of the parcels referenced
in this subsection from the land exchange.
(7)(A) The Secretary shall deposit the proceeds of any sale
under paragraph (2) in a special account in the fund established
under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’)
(16 U.S.C. 484a).
(B) Amounts deposited under subparagraph (A) shall be avail-
able to the Secretary, without further appropriation, to be used
for the acquisition of land in the State of Arizona for addition
to the National Forest System, including the land to be exchanged
under this title.
SEC. 103. DESCRIPTION OF NON-FEDERAL LAND.
(a) IN GENERAL.—The non-Federal land referred to in this
title consists of approximately 35,000 acres of privately-owned land
within the boundaries of the Prescott National Forest, as generally
depicted on the map entitled ‘‘Yavapai Ranch Land Exchange, Non-
Federal Lands’’, dated August 2004.
(b) EASEMENTS.—(1) The conveyance of non-Federal land to
the United States under section 102 shall be subject to the reserva-
tion of—
(A) water rights and perpetual easements that run with
and benefit the land retained by Yavapai Ranch for—
(i) the operation, maintenance, repair, improvement,
development, and replacement of not more than 3 wells
in existence on the date of enactment of this Act;
(ii) related storage tanks, valves, pumps, and hard-
ware; and
(iii) pipelines to point of use; and
(B) easements for reasonable access to accomplish the pur-
poses of the easements described in subparagraph (A).
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01212
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2356
PUBLIC LAW 109–110—NOV. 22, 2005
(2) Each easement for an existing well referred to in paragraph
(1) shall be 40 acres in area, and to the maximum extent practicable,
centered on the existing well.
(3) The United States shall be entitled to one-half the produc-
tion of each existing or replacement well, not to exceed a total
of 3,100,000 gallons of water annually for National Forest System
purposes.
(4) The locations of the easements and wells shall be as gen-
erally depicted on the map entitled ‘‘Yavapai Ranch Land Exchange,
Reserved Easements for Water Lines and Wells’’, dated August
2004.
SEC. 104. DESCRIPTION OF FEDERAL LAND.
(a) IN GENERAL.—The Federal land referred to in this title
consists of the following:
(1) Certain land comprising approximately 15,300 acres
located in the Prescott National Forest, as generally depicted
on the map entitled ‘‘Yavapai Ranch Land Exchange, Yavapai
Ranch Area Federal Lands’’, dated August 2004.
(2) Certain land located in the Coconino National Forest—
(A) comprising approximately 1,500 acres as generally
depicted on the map entitled ‘‘Yavapai Ranch Land
Exchange, Flagstaff Federal Lands Airport Parcel’’, dated
August 2004; and
(B) comprising approximately 28.26 acres in two sepa-
rate parcels, as generally depicted on the map entitled
‘‘Yavapai Ranch Land Exchange, Flagstaff Federal Lands
Wetzel School and Mt. Elden Parcels’’, dated August 2004.
(3) Certain land located in the Kaibab National Forest,
and referred to as the Williams Airport, Williams golf course,
Williams Sewer, Buckskinner Park, Williams Railroad, and
Well parcels number 2, 3, and 4, cumulatively comprising
approximately 950 acres, as generally depicted on the map
entitled ‘‘Yavapai Ranch Land Exchange, Williams Federal
Lands’’, dated August 2004.
(4) Certain land located in the Prescott National Forest,
comprising approximately 2,200 acres, as generally depicted
on the map entitled ‘‘Yavapai Ranch Land Exchange, Camp
Verde Federal Land General Crook Parcel’’, dated August 2004.
(5) Certain land located in the Kaibab National Forest,
comprising approximately 237.5 acres, as generally depicted
on the map entitled ‘‘Yavapai Ranch Land Exchange, Younglife
Lost Canyon’’, dated August 2004.
(6) Certain land located in the Prescott National Forest,
including the ‘‘Friendly Pines’’, ‘‘Patterdale Pines’’, ‘‘Camp
Pearlstein’’, ‘‘Pine Summit’’, and ‘‘Sky Y’’ camps, cumulatively
comprising approximately 200 acres, as generally depicted on
the map entitled ‘‘Yavapai Ranch Land Exchange, Prescott
Federal Lands, Summer Youth Camp Parcels’’, dated August
2004.
(b) CONDITION OF CONVEYANCE OF CAMP VERDE PARCEL.—(1)
To conserve water in the Verde Valley, Arizona, and to minimize
the adverse impacts from future development of the Camp Verde
General Crook parcel described in subsection (a)(4) on current and
future holders of water rights in existence of the date of enactment
of this Act and the Verde River and National Forest System lands
retained by the United States, the United States shall limit in
Conservation.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01213
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2357
PUBLIC LAW 109–110—NOV. 22, 2005
perpetuity the use of water on the parcel by reserving conservation
easements that—
(A) run with the land;
(B) prohibit golf course development on the parcel;
(C) require that any public park or greenbelt on the parcel
be watered with treated wastewater;
(D) limit total post-exchange water use on the parcel to
not more than 300 acre-feet of water per year;
(E) provide that any water supplied by municipalities or
private water companies shall count towards the post-exchange
water use limitation described in subparagraph (D); and
(F) except for water supplied to the parcel by municipal
water service providers or private water companies, require
that any water used for the parcel not be withdrawn from
wells perforated in the saturated Holocene alluvium of the
Verde River.
(2) If Yavapai Ranch conveys the Camp Verde parcel described
in subsection (a)(4), or any portion thereof, the terms of conveyance
shall include a recorded and binding agreement of the quantity
of water available for use on the land conveyed, as determined
by Yavapai Ranch, except that total water use on the Camp Verde
parcel may not exceed the amount specified in paragraph (1)(D).
(3) The Secretary may enter into a memorandum of under-
standing with the State or political subdivision of the State to
enforce the terms of the conservation easement.
SEC. 105. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) IN GENERAL.—Land acquired by the United States under
this title shall become part of the Prescott National Forest and
shall be administered by the Secretary in accordance with this
title and the laws applicable to the National Forest System.
(b) GRAZING.—Where grazing on non-Federal land acquired by
the Secretary under this title occurs prior to the date of enactment
of this Act, the Secretary may manage the land to allow for contin-
ued grazing use, in accordance with the laws generally applicable
to domestic livestock grazing on National Forest System land.
(c) TIMBER HARVESTING.—(1) After completion of the land
exchange under this title, except as provided in paragraph (2),
commercial timber harvesting shall be prohibited on the non-Fed-
eral land acquired by the United States.
(2) Timber harvesting may be conducted on the non-Federal
land acquired under this title if the Secretary determines that
such harvesting is necessary—
(A) to prevent or control fires, insects, and disease through
forest thinning or other forest management techniques;
(B) to protect or enhance grassland habitat, watershed
values, native plants and wildlife species; or
(C) to improve forest health.
SEC. 106. MISCELLANEOUS PROVISIONS.
(a) REVOCATION OF ORDERS.—Any public orders withdrawing
any of the Federal land from appropriation or disposal under the
public land laws are revoked to the extent necessary to permit
disposal of the Federal land.
(b) WITHDRAWAL OF FEDERAL LAND.—Subject to valid existing
rights, the Federal land is withdrawn from all forms of entry
and appropriation under the public land laws; location, entry, and
patent under the mining laws; and operation of the mineral leasing
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01214
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2358
PUBLIC LAW 109–110—NOV. 22, 2005
and geothermal leasing laws, until the date on which the land
exchange is completed.
(c) COMPLETION OF EXCHANGE.—It is the intent of Congress
that the land exchange authorized and directed under this title
be completed not later than 18 months after the date of enactment
of this Act.
SEC. 107. CONVEYANCE OF ADDITIONAL LAND.
(a) IN GENERAL.—The Secretary shall convey to a person that
represents the majority of landowners with encroachments on the
lot by quitclaim deed the parcel of land described in subsection
(b).
(b) DESCRIPTION OF LAND.—The parcel of land referred to in
subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., Gila and
Salt River Base and Meridian, Coconino County, Arizona.
(c) AMOUNT
OF CONSIDERATION.—In exchange for the land
described in subsection (b), the person acquiring the land shall
pay to the Secretary consideration in the amount of—
(1) $2500; plus
(2) any costs of re-monumenting the boundary of land.
(d) TIMING.—(1) Not later than 90 days after the date on
which the Secretary receives a power of attorney executed by the
person acquiring the land, the Secretary shall convey to the person
the land described in subsection (b).
(2) If, by the date that is 270 days after the date of enactment
of this Act, the Secretary does not receive the power of attorney
described in paragraph (1)—
(A) the authority provided under this section shall termi-
nate; and
(B) any conveyance of the land shall be made under Public
Law 97–465 (16 U.S.C. 521c et seq.).
TITLE II—VERDE RIVER BASIN
PARTNERSHIP
SEC. 201. PURPOSE.
The purpose of this title is to authorize assistance for a collabo-
rative and science-based water resource planning and management
partnership for the Verde River Basin in the State of Arizona,
consisting of members that represent—
(1) Federal, State, and local agencies; and
(2) 
economic, 
environmental, 
and 
community 
water
interests in the Verde River Basin.
SEC. 202. DEFINITIONS.
In this title:
(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Arizona Department of Water Resources.
(2) PARTNERSHIP.—The term ‘‘Partnership’’ means the
Verde River Basin Partnership.
(3) PLAN.—The term ‘‘plan’’ means the plan for the Verde
River Basin required by section 204(a)(1).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(5) STATE.—The term ‘‘State’’ means the State of Arizona.
Conservation.
Deadline.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01215
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2359
PUBLIC LAW 109–110—NOV. 22, 2005
(6) VERDE RIVER BASIN.—The term ‘‘Verde River Basin’’
means the land area designated by the Arizona Department
of Water Resources as encompassing surface water and ground-
water resources, including drainage and recharge areas with
a hydrologic connection to the Verde River.
(7) WATER BUDGET.—The term ‘‘water budget’’ means the
accounting of—
(A) the quantities of water leaving the Verde River
Basin—
(i) as discharge to the Verde River and tributaries;
(ii) as subsurface outflow;
(iii) as evapotranspiration by riparian vegetation;
(iv) as surface evaporation;
(v) for agricultural use; and
(vi) for human consumption; and
(B) the quantities of water replenishing the Verde
River Basin by precipitation, infiltration, and subsurface
inflows.
SEC. 203. VERDE RIVER BASIN PARTNERSHIP.
(a) IN
GENERAL.—The Secretary may participate in the
establishment of a partnership, to be known as the ‘‘Verde River
Basin Partnership’’, made up of Federal, State, local governments,
and other entities with responsibilities and expertise in water to
coordinate and cooperate in the identification and implementation
of comprehensive science-based policies, projects, and management
activities relating to the Verde River Basin.
(b) AUTHORIZATION OF APPROPRIATIONS.—On establishment of
the Partnership, there are authorized to be appropriated to the
Secretary and the Secretary of the Interior such sums as are nec-
essary to carry out the activities of the Partnership for each of
fiscal years 2006 through 2010.
SEC. 204. VERDE RIVER BASIN STUDIES.
(a) STUDIES.—
(1) IN GENERAL.—The Partnership shall prepare a plan
for conducting water resource studies in the Verde River Basin
that identifies—
(A) the primary study objectives to fulfill water
resource planning and management needs for the Verde
River Basin; and
(B) the water resource studies, hydrologic models, sur-
face and groundwater monitoring networks, and other
analytical tools helpful in the identification of long-term
water supply management options within the Verde River
Basin.
(2) REQUIREMENTS.—At a minimum, the plan shall—
(A) include a list of specific studies and analyses that
are needed to support Partnership planning and manage-
ment decisions;
(B) identify any ongoing or completed water resource
or riparian studies that are relevant to water resource
planning and management for the Verde River Basin;
(C) describe the estimated cost and duration of the
proposed studies and analyses; and
(D) designate as a study priority the compilation of
a water budget analysis for the Verde Valley.
(b) VERDE VALLEY WATER BUDGET ANALYSIS.—
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01216
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2360
PUBLIC LAW 109–110—NOV. 22, 2005
(1) IN GENERAL.—Subject to the availability of appropria-
tions, not later than 14 months after the date of enactment
of this Act, the Director of the United States Geological Survey,
in cooperation with the Director, shall prepare and submit
to the Partnership a report that provides a water budget anal-
ysis of the portion of the Verde River Basin within the Verde
Valley.
(2) COMPONENTS.—The report submitted under paragraph
(1) shall include—
(A) a summary of the information available on the
hydrologic flow regime for the portion of the Middle Verde
River from the Clarkdale streamgauging station to the
city of Camp Verde at United States Geological Survey
Stream Gauge 09506000;
(B) with respect to the portion of the Middle Verde
River described in subparagraph (A), estimates of—
(i) the inflow and outflow of surface water and
groundwater;
(ii) annual consumptive water use; and
(iii) changes in groundwater storage; and
(C) an analysis of the potential long-term consequences
of various water use scenarios on groundwater levels and
Verde River flows.
(c) PRELIMINARY REPORT AND RECOMMENDATIONS.—
(1) IN GENERAL.—Not later than 16 months after the date
of enactment of this Act, using the information provided in
the report submitted under subsection (b) and any other rel-
evant information, the Partnership shall submit to the Sec-
retary, the Governor of Arizona, and representatives of the
Verde Valley communities, a preliminary report that sets forth
the findings and recommendations of the Partnership regarding
the long-term available water supply within the Verde Valley.
(2) CONSIDERATION OF RECOMMENDATIONS.—The Secretary
may take into account the recommendations included in the
report submitted under paragraph (1) with respect to decisions
affecting land under the jurisdiction of the Secretary, including
any future sales or exchanges of Federal land in the Verde
River Basin after the date of enactment of this Act.
(3) EFFECT.—Any recommendations included in the report
submitted under paragraph (1) shall not affect the land
exchange process or the appraisals of the Federal land and
non-Federal land conducted under sections 103 and 104.
SEC. 205. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.
Not later than 4 years after the date of enactment of this
Act, the Partnership shall submit to the Secretary and the Governor
of Arizona a final report that—
(1) includes a summary of the results of any water resource
assessments conducted under this title in the Verde River
Basin;
(2) identifies any areas in the Verde River Basin that
are determined to have groundwater deficits or other current
or potential water supply problems;
(3) identifies long-term water supply management options
for communities and water resources within the Verde River
Basin; and
Deadline.
Reports.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01217
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2361
PUBLIC LAW 109–110—NOV. 22, 2005
LEGISLATIVE HISTORY—S. 161:
SENATE REPORTS: No. 109–40 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Nov. 15, considered and passed House.
(4) identifies water resource analyses and monitoring
needed to support the implementation of management options.
SEC. 206. MEMORANDUM OF UNDERSTANDING.
The Secretary (acting through the Chief of the Forest Service)
and the Secretary of the Interior, shall enter into a memorandum
of understanding authorizing the United States Geological Survey
to access Forest Service land (including stream gauges, weather
stations, wells, or other points of data collection on the Forest
Service land) to carry out this title.
SEC. 207. EFFECT.
Nothing in this title diminishes or expands State or local juris-
diction, responsibilities, or rights with respect to water resource
management or control.
Approved November 22, 2005.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01218
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002