[108th Congress Public Law 451]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ451.108]
[[Page 3477]]
ARIZONA WATER SETTLEMENTS ACT
[[Page 118 STAT. 3478]]
Public Law 108-451
108th Congress
An Act
To provide for adjustments to the Central Arizona Project in Arizona, to
authorize the Gila River Indian Community water rights settlement, to
reauthorize and amend the Southern Arizona Water Rights Settlement Act
of 1982, and for other purposes. <<NOTE: Dec. 10, 2004 - [S. 437]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Arizona Water
Settlements Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 43 USC 1501 note.>> Short Title.--This Act may be cited
as the ``Arizona Water Settlements Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Arbitration.
Sec. 4. Antideficiency.
TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. General permissible uses of the Central Arizona Project.
Sec. 104. Allocation of Central Arizona Project water.
Sec. 105. Firming of Central Arizona Project Indian water.
Sec. 106. Acquisition of agricultural priority water.
Sec. 107. Lower Colorado River Basin Development Fund.
Sec. 108. Effect.
Sec. 109. Repeal.
Sec. 110. Authorization of appropriations.
Sec. 111. Repeal on failure of enforceability date under title II.
TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Approval of the Gila River Indian Community Water Rights
Settlement Agreement.
Sec. 204. Water rights.
Sec. 205. Community water delivery contract amendments.
Sec. 206. Satisfaction of claims.
Sec. 207. Waiver and release of claims.
Sec. 208. Gila River Indian Community Water OM&R Trust Fund.
Sec. 209. Subsidence remediation program.
Sec. 210. After-acquired trust land.
Sec. 211. Reduction of water rights.
Sec. 212. New Mexico Unit of the Central Arizona Project.
Sec. 213. Miscellaneous provisions.
Sec. 214. Authorization of appropriations.
Sec. 215. Repeal on failure of enforceability date.
TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
Sec. 301. Southern Arizona water rights settlement.
Sec. 302. Southern Arizona water rights settlement effective date.
[[Page 118 STAT. 3479]]
TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT
Sec. 401. Effect of titles I, II, and III.
Sec. 402. Annual report.
Sec. 403. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In titles I and II:
(1) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(2) After-acquired trust land.--The term ``after-acquired
trust land'' means land that--
(A) is located--
(i) within the State; but
(ii) outside the exterior boundaries of the
Reservation; and
(B) is taken into trust by the United States for the
benefit of the Community after the enforceability date.
(3) Agricultural priority water.--The term ``agricultural
priority water'' means Central Arizona Project non-Indian
agricultural priority water, as defined in the Gila River
agreement.
(4) Allottee.--The term ``allottee'' means a person who
holds a beneficial real property interest in an Indian allotment
that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(5) Arizona indian tribe.--The term ``Arizona Indian tribe''
means an Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b)) that is located in the State.
(6) Asarco.--The term ``Asarco'' means Asarco Incorporated,
a New Jersey corporation of that name, and its subsidiaries
operating mining operations in the State.
(7) CAP contractor.--The term ``CAP contractor'' means a
person or entity that has entered into a long-term contract (as
that term is used in the repayment stipulation) with the United
States for delivery of water through the CAP system.
(8) CAP operating agency.--The term ``CAP operating agency''
means the entity or entities authorized to assume responsibility
for the care, operation, maintenance, and replacement of the CAP
system.
(9) CAP repayment contract.--
(A) In general.--The term ``CAP repayment contract''
means the contract dated December 1, 1988 (Contract No.
14-0906-09W-09245, Amendment No. 1) between the United
States and the Central Arizona Water Conservation
District for the delivery of water and the repayment of
costs of the Central Arizona Project.
(B) Inclusions.--The term ``CAP repayment contract''
includes all amendments to and revisions of that
contract.
(10) CAP subcontractor.--The term ``CAP subcontractor''
means a person or entity that has entered into a long-term
subcontract (as that term is used in the repayment stipulation)
with the United States and the Central Arizona Water
Conservation District for the delivery of water through the CAP
system.
(11) CAP system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
[[Page 118 STAT. 3480]]
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) the pumping plants and appurtenant works of the
Central Arizona Project aqueduct system that are
associated with the features described in subparagraphs
(A) through (D); and
(F) any extensions of, additions to, or replacements
for the features described in subparagraphs (A) through
(E).
(12) Central arizona project.--The term ``Central Arizona
Project'' means the reclamation project authorized and
constructed by the United States in accordance with title III of
the Colorado River Basin Project Act (43 U.S.C. 1521 et seq.).
(13) Central arizona water conservation district.--The term
``Central Arizona Water Conservation District'' means the
political subdivision of the State that is the contractor under
the CAP repayment contract.
(14) Cities.--The term ``Cities'' means the cities of
Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, and
Scottsdale, Arizona.
(15) Community.--The term ``Community'' means the Gila River
Indian Community, a government composed of members of the Pima
Tribe and the Maricopa Tribe and organized under section 16 of
the Act of June 18, 1934 (25 U.S.C. 476).
(16) Community cap water.--The term ``Community CAP water''
means water to which the Community is entitled under the
Community water delivery contract.
(17) Community repayment contract.--
(A) In general.--The term ``Community repayment
contract'' means Contract No. 6-0907-0903-09W0345
between the United States and the Community dated July
20, 1998, providing for the construction of water
delivery facilities on the Reservation.
(B) Inclusions.--The term ``Community repayment
contract'' includes any amendments to the contract
described in subparagraph (A).
(18) Community water delivery contract.--
(A) In general.--The term ``Community water delivery
contract'' means Contract No. 3-0907-0930-09W0284
between the Community and the United States dated
October 22, 1992.
(B) Inclusions.--The term ``Community water delivery
contract'' includes any amendments to the contract
described in subparagraph (A).
(19) CRR project works.--
(A) In general.--The term ``CRR project works''
means the portions of the San Carlos Irrigation Project
located on the Reservation.
(B) Inclusion.--The term ``CRR Project works''
includes the portion of the San Carlos Irrigation
Project known as the ``Southside Canal'', from the point
at which the Southside Canal connects with the Pima
Canal to the boundary of the Reservation.
(20) Director.--The term ``Director'' means--
[[Page 118 STAT. 3481]]
(A) the Director of the Arizona Department of Water
Resources; or
(B) with respect to an action to be carried out
under this title, a State official or agency designated
by the Governor or the State legislature.
(21) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the Federal
Register the statement of findings described in section 207(c).
(22) Fee land.--The term ``fee land'' means land, other than
off-Reservation trust land, owned by the Community outside the
exterior boundaries of the Reservation as of December 31, 2002.
(23) Fixed om&r charge.--The term ``fixed OM&R charge'' has
the meaning given the term in the repayment stipulation.
(24) Franklin irrigation district.--The term ``Franklin
Irrigation District'' means the entity of that name that is a
political subdivision of the State and organized under the laws
of the State.
(25) Gila river adjudication proceedings.--The term ``Gila
River adjudication proceedings'' means the action pending in the
Superior Court of the State of Arizona in and for the County of
Maricopa styled ``In Re the General Adjudication of All Rights
To Use Water In The Gila River System and Source'' W-091 (Salt),
W-092 (Verde), W-093 (Upper Gila), W-094 (San Pedro)
(Consolidated).
(26) Gila river agreement.--
(A) In general.--The term ``Gila River agreement''
means the agreement entitled the ``Gila River Indian
Community Water Rights Settlement Agreement'', dated
February 4, 2003.
(B) Inclusions.--The term ``Gila River agreement''
includes--
(i) all exhibits to that agreement (including
the New Mexico Risk Allocation Agreement, which is
also an exhibit to the UVD Agreement); and
(ii) any amendment to that agreement or to an
exhibit to that agreement made or added pursuant
to that agreement consistent with section 203(a)
or as approved by the Secretary.
(27) Gila valley irrigation district.--The term ``Gila
Valley Irrigation District'' means the entity of that name that
is a political subdivision of the State and organized under the
laws of the State.
(28) Globe equity decree.--
(A) In general.--The term ``Globe Equity Decree''
means the decree dated June 29, 1935, entered in United
States of America v. Gila Valley Irrigation District,
Globe Equity No. 59, et al., by the United States
District Court for the District of Arizona.
(B) Inclusions.--The term ``Globe Equity Decree''
includes all court orders and decisions supplemental to
that decree.
(29) Haggard decree.--
(A) In general.--The term ``Haggard Decree'' means
the decree dated June 11, 1903, entered in United States
of America, as guardian of Chief Charley Juan Saul and
Cyrus Sam, Maricopa Indians and 400 other Maricopa
[[Page 118 STAT. 3482]]
Indians similarly situated v. Haggard, et al., Cause No.
19, in the District Court for the Third Judicial
District of the Territory of Arizona, in and for the
County of Maricopa.
(B) Inclusions.--The term ``Haggard Decree''
includes all court orders and decisions supplemental to
that decree.
(30) Including.--The term ``including'' has the same meaning
as the term ``including, but not limited to''.
(31) Injury to water quality.--The term ``injury to water
quality'' means any contamination, diminution, or deprivation of
water quality under Federal, State, or other law.
(32) Injury to water rights.--
(A) In general.--The term ``injury to water rights''
means an interference with, diminution of, or
deprivation of water rights under Federal, State, or
other law.
(B) Inclusion.--The term ``injury to water rights''
includes a change in the underground water table and any
effect of such a change.
(C) Exclusion.--The term ``injury to water rights''
does not include subsidence damage or injury to water
quality.
(33) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the fund
established by section 403 of the Colorado River Basin Project
Act (43 U.S.C. 1543).
(34) Master agreement.--The term ``master agreement'' means
the agreement entitled ``Arizona Water Settlement Agreement''
among the Director, the Central Arizona Water Conservation
District, and the Secretary, dated August 16, 2004.
(35) NM cap entity.--The term ``NM CAP entity'' means the
entity or entities that the State of New Mexico may authorize to
assume responsibility for the design, construction, operation,
maintenance, and replacement of the New Mexico Unit.
(36) New mexico consumptive use and forbearance agreement.--
(A) In general.--The term ``New Mexico Consumptive
Use and Forbearance Agreement'' means that agreement
entitled the ``New Mexico Consumptive Use and
Forbearance Agreement,'' entered into by and among the
United States, the Community, the San Carlos Irrigation
and Drainage District, and all of the signatories to the
UVD Agreement, and approved by the State of New Mexico,
and authorized, ratified, and approved by section
212(b).
(B) Inclusions.--The ``New Mexico Consumptive Use
and Forbearance Agreement'' includes--
(i) all exhibits to that agreement (including
the New Mexico Risk Allocation agreement, which is
also an exhibit to the UVD agreement); and
(ii) any amendment to that agreement made or
added pursuant to that agreement.
(37) New mexico unit.--The term ``New Mexico Unit'' means
that unit or units of the Central Arizona Project authorized by
sections 301(a)(4) and 304 of the Colorado River Basin Project
Act (43 U.S.C. 1521(a)(4), 1524) (as amended by section 212).
(38) New mexico unit agreement.--
[[Page 118 STAT. 3483]]
(A) In general.--The term ``New Mexico Unit
Agreement'' means that agreement entitled the ``New
Mexico Unit Agreement,'' to be entered into by and
between the United States and the NM CAP entity upon
notice to the Secretary from the State of New Mexico
that the State of New Mexico intends to have the New
Mexico Unit constructed or developed.
(B) Inclusions.--The ``New Mexico Unit Agreement''
includes--
(i) all exhibits to that agreement; and
(ii) any amendment to that agreement made or
added pursuant to that agreement.
(39) Off-reservation trust land.--The term ``off-Reservation
trust land'' means land outside the exterior boundaries of the
Reservation that is held in trust by the United States for the
benefit of the Community as of the enforceability date.
(40) Phelps dodge.--The term ``Phelps Dodge'' means the
Phelps Dodge Corporation, a New York corporation of that name,
and Phelps Dodge's subsidiaries (including Phelps Dodge Morenci,
Inc., a Delaware corporation of that name), and Phelps Dodge's
successors or assigns.
(41) Repayment stipulation.--The term ``repayment
stipulation'' means the Revised Stipulation Regarding a Stay of
Litigation, Resolution of Issues During the Stay, and for
Ultimate Judgment Upon the Satisfaction of Conditions, filed
with the United States District Court for the District of
Arizona in Central Arizona Water Conservation District v. United
States, et al., No. CIV 95-09625-09TUC-09WDB(EHC), No. CIV 95-
091720-09PHX-09EHC (Consolidated Action), and that court's order
dated April 28, 2003, and any amendments or revisions thereto.
(42) Reservation.--
(A) In general.--Except as provided in sections
207(d) and 210(d), the term ``Reservation'' means the
land located within the exterior boundaries of the
reservation created under sections 3 and 4 of the Act of
February 28, 1859 (11 Stat. 401, chapter LXVI) and
Executive Orders of August 31, 1876, June 14, 1879, May
5, 1882, November 15, 1883, July 31, 1911, June 2, 1913,
August 27, 1914, and July 19, 1915.
(B) Exclusion.--The term ``Reservation'' does not
include the land located in sections 16 and 36, Township
4 South, Range 4 East, Salt and Gila River Base and
Meridian.
(43) Roosevelt habitat conservation plan.--The term
``Roosevelt Habitat Conservation Plan'' means the habitat
conservation plan approved by the United States Fish and
Wildlife Service under section 10(a)(1)(B) of the Endangered
Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) for the incidental
taking of endangered, threatened, and candidate species
resulting from the continued operation by the Salt River Project
of Roosevelt Dam and Lake, near Phoenix, Arizona.
(44) Roosevelt water conservation district.--The term
``Roosevelt Water Conservation District'' means the entity of
that name that is a political subdivision of the State and an
irrigation district organized under the law of the State.
[[Page 118 STAT. 3484]]
(45) Safford.--The term ``Safford'' means the city of
Safford, Arizona.
(46) Salt river project.--The term ``Salt River Project''
means the Salt River Project Agricultural Improvement and Power
District, a political subdivision of the State, and the Salt
River Valley Water Users' Association, an Arizona Territorial
corporation.
(47) San carlos apache tribe.--The term ``San Carlos Apache
Tribe'' means the San Carlos Apache Tribe, a tribe of Apache
Indians organized under Section 16 of the Indian Reorganization
Act of June 18, 1934, 48 Stat. 987 (25 U.S.C. 476).
(48) San carlos irrigation and drainage district.--The term
``San Carlos Irrigation and Drainage District'' means the entity
of that name that is a political subdivision of the State and an
irrigation and drainage district organized under the laws of the
State.
(49) San carlos irrigation project.--
(A) In general.--The term ``San Carlos Irrigation
Project'' means the San Carlos irrigation project
authorized under the Act of June 7, 1924 (43 Stat. 475).
(B) Inclusions.--The term ``San Carlos Irrigation
Project'' includes any amendments and supplements to the
Act described in subparagraph (A).
(50) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(51) Special hot lands.--The term ``special hot lands'' has
the meaning given the term in subparagraph 2.34 of the UVD
agreement.
(52) State.--The term ``State'' means the State of Arizona.
(53) Subcontract.--
(A) In general.--The term ``subcontract'' means a
Central Arizona Project water delivery subcontract.
(B) Inclusion.--The term ``subcontract'' includes an
amendment to a subcontract.
(54) Subsidence damage.--The term ``subsidence damage''
means injury to land, water, or other real property resulting
from the settling of geologic strata or cracking in the surface
of the Earth of any length or depth, which settling or cracking
is caused by the pumping of underground water.
(55) TBI eligible acres.--The term ``TBI eligible acres''
has the meaning given the term in subparagraph 2.37 of the UVD
agreement.
(56) Uncontracted municipal and industrial water.--The term
``uncontracted municipal and industrial water'' means Central
Arizona Project municipal and industrial priority water that is
not subject to subcontract on the date of enactment of this Act.
(57) UV decreed acres.--
(A) In general.--The term ``UV decreed acres'' means
the land located upstream and to the east of the
Coolidge Dam for which water may be diverted pursuant to
the Globe Equity Decree.
(B) Exclusion.--The term ``UV decreed acres'' does
not include the reservation of the San Carlos Apache
Tribe.
[[Page 118 STAT. 3485]]
(58) UV decreed water rights.--The term ``UV decreed water
rights'' means the right to divert water for use on UV decreed
acres in accordance with the Globe Equity Decree.
(59) UV impact zone.--The term ``UV impact zone'' has the
meaning given the term in subparagraph 2.47 of the UVD
agreement.
(60) UV subjugated land.--The term ``UV subjugated land''
has the meaning given the term in subparagraph 2.50 of the UVD
agreement.
(61) UVD agreement.--The term ``UVD agreement'' means the
agreement among the Community, the United States, the San Carlos
Irrigation and Drainage District, the Franklin Irrigation
District, the Gila Valley Irrigation District, Phelps Dodge, and
other parties located in the upper valley of the Gila River,
dated September 2, 2004.
(62) UV signatories parties.--The term ``UV signatories''
means the parties to the UVD agreement other than the United
States, the San Carlos Irrigation and Drainage District, and the
Community.
(63) Water om&r fund.--The term ``Water OM&R Fund'' means
the Gila River Indian Community Water OM&R Trust Fund
established by section 208.
(64) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, or effluent under Federal,
State, or other law.
(65) Water rights appurtenant to new mexico 381 acres.--The
term ``water rights appurtenant to New Mexico 381 acres'' means
the water rights--
(A) appurtenant to the 380.81 acres described in the
decree in Arizona v. California, 376 U.S. 340, 349
(1964); and
(B) appurtenant to other land, or for other uses,
for which the water rights described in subparagraph (A)
may be modified or used in accordance with that decree.
(66) Water rights for new mexico domestic purposes.--The
term ``water rights for New Mexico domestic purposes'' means the
water rights for domestic purposes of not more than 265 acre-
feet of water for consumptive use described in paragraph
IV(D)(2) of the decree in Arizona v. California, 376 U.S. 340,
350 (1964).
(67) 1994 biological opinion.--The term ``1994 biological
opinion'' means the biological opinion, numbered 2-21-90-F-119,
and dated April 15, 1994, relating to the transportation and
delivery of Central Arizona Project water to the Gila River
basin.
(68) 1996 biological opinion.--The term ``1996 biological
opinion'' means the biological opinion, numbered 2-21-95-F-462
and dated July 23, 1996, relating to the impacts of modifying
Roosevelt Dam on the southwestern willow flycatcher.
(69) 1999 biological opinion.--The term ``1999 biological
opinion'' means the draft biological opinion numbered 2-21-91-F-
706, and dated May 1999, relating to the impacts of the Central
Arizona Project on Gila Topminnow in the Santa Cruz River basin
through the introduction and spread of nonnative aquatic
species.
[[Page 118 STAT. 3486]]
SEC. 3. ARBITRATION.
(a) No Participation by the United States.--
(1) In general.--No arbitration decision rendered pursuant
to subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the
Gila River agreement (including the joint control board
agreement attached to exhibit 20.1) shall be considered invalid
solely because the United States failed or refused to
participate in such arbitration proceedings that resulted in
such arbitration decision, so long as the matters in arbitration
under subparagraph 12.1 of the UVD agreement or exhibit 20.1 of
the Gila River Agreement concern aspects of the water rights of
the Community, the San Carlos Irrigation Project, or the
Miscellaneous Flow Lands (as defined in subparagraph 2.18A of
the UVD agreement) and not the water rights of the United States
in its own right, any other rights of the United States, or the
water rights or any other rights of the United States acting on
behalf of or for the benefit of another tribe.
(2) Arbitration ineffective.--If an issue otherwise subject
to arbitration under subparagraph 12.1 of the UVD agreement or
exhibit 20.1 of the Gila River Agreement cannot be arbitrated or
if an arbitration decision will not be effective because the
United States cannot or will not participate in the arbitration,
then the issue shall be submitted for decision to a court of
competent jurisdiction, but not a court of the Community.
(b) Participation by the Secretary.--Notwithstanding any provision
of any agreement, exhibit, attachment, or other document ratified by
this Act, if the Secretary is required to enter arbitration pursuant to
this Act or any such document, the Secretary shall follow the procedures
for arbitration established by chapter 5 of title 5, United States Code.
SEC. 4. ANTIDEFICIENCY.
The United States shall not be liable for failure to carry out any
obligation or activity required by this Act, including all titles and
all agreements or exhibits ratified or confirmed by this Act, funded
by--
(1) the Lower Basin Development Fund established by section
403 of the Colorado River Basin Project Act (43 U.S.C. 1543), if
there are not enough monies in that fund to fulfill those
obligations or carry out those activities; or
(2) appropriations, if appropriations are not provided by
Congress.
TITLE I--CENTRAL <<NOTE: Central Arizona Project Settlement Act of
2004.>> ARIZONA PROJECT SETTLEMENT
SEC. 101. <<NOTE: 43 USC 1501 note.>> SHORT TITLE.
This title may be cited as the ``Central Arizona Project Settlement
Act of 2004''.
SEC. 102. FINDINGS.
Congress finds that--
[[Page 118 STAT. 3487]]
(1) the water provided by the Central Arizona Project to
Maricopa, Pinal, and Pima Counties in the State of Arizona, is
vital to citizens of the State; and
(2) an agreement on the allocation of Central Arizona
Project water among interested persons, including Federal and
State interests, would provide important benefits to the Federal
Government, the State of Arizona, Arizona Indian Tribes, and the
citizens of the State.
SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL ARIZONA PROJECT.
In accordance with the CAP repayment contract, the Central Arizona
Project may be used to transport nonproject water for--
(1) domestic, municipal, fish and wildlife, and industrial
purposes; and
(2) any purpose authorized under the Colorado River Basin
Project Act (43 U.S.C. 1501 et seq.).
SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT WATER.
(a) Non-Indian Agricultural Priority Water.--
(1) Reallocation to arizona indian tribes.--
(A) In general.--The Secretary shall reallocate
197,500 acre-feet of agricultural priority water made
available pursuant to the master agreement for use by
Arizona Indian tribes, of which--
(i) 102,000 acre-feet shall be reallocated to
the Gila River Indian Community;
(ii) 28,200 acre-feet shall be reallocated to
the Tohono O'odham Nation; and
(iii) subject to the conditions specified in
subparagraph (B), 67,300 acre-feet shall be
reallocated to Arizona Indian tribes.
(B) Conditions.--The reallocation of agricultural
priority water under subparagraph (A)(iii) shall be
subject to the conditions that--
(i) such water shall be used to resolve Indian
water claims in Arizona, and may be allocated by
the Secretary to Arizona Indian Tribes in
fulfillment of future Arizona Indian water rights
settlement agreements approved by an Act of
Congress. <<NOTE: Effective date.>> In the absence
of an Arizona Indian water rights settlement that
is approved by an Act of Congress after the date
of enactment of this Act, the Secretary shall not
allocate any such water until December 31, 2030.
Any allocations made by the Secretary after such
date shall be accompanied by a certification that
the Secretary is making the allocation in order to
assist in the resolution of an Arizona Indian
water right claim. Any such water allocated to an
Arizona Indian Tribe pursuant to a water delivery
contract with the Secretary under this clause
shall be counted on an acre-foot per acre-foot
basis against any claim to water for that Tribe's
reservation;
(ii) notwithstanding clause (i), the Secretary
shall retain 6,411 acre-feet of water for use for
a future water rights settlement agreement
approved by an Act of Congress that settles the
Navajo Nation's claims to water in Arizona. If
Congress does not approve
[[Page 118 STAT. 3488]]
this settlement before December 31, 2030, the
6,411 acre-feet of CAP water shall be available to
the Secretary under clause (i); and
(iii) the agricultural priority water shall
not, without specific authorization by Act of
Congress, be leased, exchanged, forborne, or
otherwise transferred by an Arizona Indian tribe
for any direct or indirect use outside the
reservation of the Arizona Indian tribe.
(C) Report.--The Secretary, in consultation with
Arizona Indian tribes and the State, shall prepare a
report for Congress by December 31, 2016, that assesses
whether the potential benefits of subparagraph (A) are
being conveyed to Arizona Indian tribes pursuant to
water rights settlements enacted subsequent to this Act.
For those Arizona Indian tribes that have not yet
settled water rights claims, the Secretary shall
describe whether any active negotiations are taking
place, and identify any critical water needs that exist
on the reservation of each such Arizona Indian tribe.
The Secretary shall also identify and report on the use
of unused quantities of agricultural priority water made
available to Arizona Indian tribes under subparagraph
(A).
(2) Reallocation to the arizona department of water
resources.--
(A) In general.--Subject to subparagraph (B) and
subparagraph 9.3 of the master agreement, the Secretary
shall reallocate up to 96,295 acre-feet of agricultural
priority water made available pursuant to the master
agreement to the Arizona Department of Water Resources,
to be held under contract in trust for further
allocation under subparagraph (C).
(B) Required documentation.--The reallocation of
agricultural priority water under subparagraph (A) is
subject to the condition that the Secretary execute any
appropriate documents to memorialize the reallocation,
including--
(i) an allocation decision; and
(ii) a contract that prohibits the direct use
of the agricultural priority water by the Arizona
Department of Water Resources.
(C) Further allocation.--With respect to the
allocation of agricultural priority water under
subparagraph (A)--
(i) before that water may be further
allocated--
(I) the Director shall submit to the
Secretary, and the Secretary shall
receive, a recommendation for
reallocation;
(II) as soon as practicable after
receiving the recommendation, the
Secretary shall carry out all necessary
reviews of the proposed reallocation, in
accordance with applicable Federal law;
and
(III) if the recommendation is
rejected by the Secretary, the Secretary
shall--
(aa) request a revised
recommendation from the
Director; and
(bb) proceed with any
reviews required under subclause
(II); and
[[Page 118 STAT. 3489]]
(ii) as soon as practicable after the date on
which agricultural priority water is further
allocated, the Secretary shall offer to enter into
a subcontract for that water in accordance with
paragraphs (1) and (2) of subsection (d).
(D) Master agreement.--The reallocation of
agricultural priority water under subparagraphs (A) and
(C) is subject to the master agreement, including
certain rights provided by the master agreement to water
users in Pinal County, Arizona.
(3) Priority.--The agricultural priority water reallocated
under paragraphs (1) and (2) shall be subject to the condition
that the water retain its non-Indian agricultural delivery
priority.
(b) Uncontracted Central Arizona Project Municipal and Industrial
Priority Water.--
(1) Reallocation.--The Secretary shall, on the
recommendation of the Director, reallocate 65,647 acre-feet of
uncontracted municipal and industrial water, of which--
(A) 285 acre-feet shall be reallocated to the town
of Superior, Arizona;
(B) 806 acre-feet shall be reallocated to the Cave
Creek Water Company;
(C) 1,931 acre-feet shall be reallocated to the
Chaparral Water Company;
(D) 508 acre-feet shall be reallocated to the town
of El Mirage, Arizona;
(E) 7,211 acre-feet shall be reallocated to the city
of Goodyear, Arizona;
(F) 147 acre-feet shall be reallocated to the H2O
Water Company;
(G) 7,115 acre-feet shall be reallocated to the city
of Mesa, Arizona;
(H) 5,527 acre-feet shall be reallocated to the city
of Peoria, Arizona;
(I) 2,981 acre-feet shall be reallocated to the city
of Scottsdale, Arizona;
(J) 808 acre-feet shall be reallocated to the AVRA
Cooperative;
(K) 4,986 acre-feet shall be reallocated to the city
of Chandler, Arizona;
(L) 1,071 acre-feet shall be reallocated to the Del
Lago (Vail) Water Company;
(M) 3,053 acre-feet shall be reallocated to the city
of Glendale, Arizona;
(N) 1,521 acre-feet shall be reallocated to the
Community Water Company of Green Valley, Arizona;
(O) 4,602 acre-feet shall be reallocated to the
Metropolitan Domestic Water Improvement District;
(P) 3,557 acre-feet shall be reallocated to the town
of Oro Valley, Arizona;
(Q) 8,206 acre-feet shall be reallocated to the city
of Phoenix, Arizona;
(R) 2,876 acre-feet shall be reallocated to the city
of Surprise, Arizona;
(S) 8,206 acre-feet shall be reallocated to the city
of Tucson, Arizona; and
[[Page 118 STAT. 3490]]
(T) 250 acre-feet shall be reallocated to the Valley
Utilities Water Company.
(2) Subcontracts.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, and in accordance with
paragraphs (1) and (2) of subsection (d) and any other
applicable Federal laws, the Secretary shall offer to
enter into subcontracts for the delivery of the
uncontracted municipal and industrial water reallocated
under paragraph (1).
(B) Revised recommendation.--If the Secretary is
precluded under applicable Federal law from entering
into a subcontract with an entity identified in
paragraph (1), the Secretary shall--
(i) request a revised recommendation from the
Director; and
(ii) on receipt of a recommendation under
clause (i), reallocate and enter into a
subcontract for the delivery of the water in
accordance with subparagraph (A).
(c) Limitations.--
(1) Amount.--
(A) In general.--The total amount of entitlements
under long-term contracts (as defined in the repayment
stipulation) for the delivery of Central Arizona Project
water in the State shall not exceed 1,415,000 acre-feet,
of which--
(i) 650,724 acre-feet shall be--
(I) under contract to Arizona Indian
tribes; or
(II) available to the Secretary for
allocation to Arizona Indian tribes; and
(ii) 764,276 acre-feet shall be under contract
or available for allocation to--
(I) non-Indian municipal and
industrial entities;
(II) the Arizona Department of Water
Resources; and
(III) non-Indian agricultural
entities.
(B) Exception.--Subparagraph (A) shall not apply to
Central Arizona Project water delivered to water users
in Arizona in exchange for Gila River water used in New
Mexico as provided in section 304 of the Colorado River
Basin Project Act (43 U.S.C. 1524) (as amended by
section 212).
(2) Transfer.--
(A) In general.--Except pursuant to the master
agreement, Central Arizona Project water may not be
transferred from--
(i) a use authorized under paragraph (1)(A)(i)
to a use authorized under paragraph (1)(A)(ii); or
(ii) a use authorized under paragraph
(1)(A)(ii) to a use authorized under paragraph
(1)(A)(i).
(B) Exceptions.--
(i) Leases.--A lease of Central Arizona
Project water by an Arizona Indian tribe to an
entity described in paragraph (1)(A)(ii) under an
Indian water rights settlement approved by an Act
of Congress shall not
[[Page 118 STAT. 3491]]
be considered to be a transfer for purposes of
subparagraph (A).
(ii) Exchanges.--An exchange of Central
Arizona Project water by an Arizona Indian tribe
to an entity described in paragraph (1)(A)(ii)
shall not be considered to be a transfer for
purposes of subparagraph (A).
(iii) Notwithstanding subparagraph (A), up to
17,000 acre-feet of CAP municipal and industrial
water under the subcontract among the United
States, the Central Arizona Water Conservation
District, and Asarco, subcontract No. 3-07-30-
W0307, dated November 7, 1993, may be reallocated
to the Community on execution of an exchange and
lease agreement among the Community, the United
States, and Asarco.
(d) Central Arizona Project Contracts and Subcontracts.--
(1) In general.--Notwithstanding section 6 of the
Reclamation Project Act of 1939 (43 U.S.C. 485e), and paragraphs
(2) and (3) of section 304(b) of the Colorado River Basin
Project Act (43 U.S.C. 1524(b)), as soon as practicable after
the date of enactment of this Act, the Secretary shall offer to
enter into subcontracts or to amend all Central Arizona Project
contracts and subcontracts in effect as of that date in
accordance with paragraph (2).
(2) Requirements.--All subcontracts and amendments to
Central Arizona Project contracts and subcontracts under
paragraph (1)--
(A) shall be for permanent service (within the
meaning of section 5 of the Boulder Canyon Project Act
of 1928 (43 U.S.C. 617d));
(B) shall have an initial delivery term that is the
greater of--
(i) 100 years; or
(ii) a term--
(I) authorized by Congress; or
(II) provided under the appropriate
Central Arizona Project contract or
subcontract in existence on the date of
enactment of this Act;
(C) shall conform to the shortage sharing criteria
described in paragraph 5.3 of the Tohono O'odham
settlement agreement;
(D) shall include the prohibition and exception
described in subsection (e); and
(E) shall not require--
(i) that any Central Arizona Project water
received in exchange for effluent be deducted from
the contractual entitlement of the CAP contractor
or CAP subcontractor; or
(ii) that any additional modification of the
Central Arizona Project contracts or subcontracts
be made as a condition of acceptance of the
subcontract or amendments.
(3) Applicability.--This subsection does not apply to--
(A) a subcontract for non-Indian agricultural use;
or
(B) a contract executed under paragraph 5(d) of the
repayment stipulation.
(e) Prohibition on Transfer.--
[[Page 118 STAT. 3492]]
(1) In general.--Except as provided in paragraph (2), no
Central Arizona Project water shall be leased, exchanged,
forborne, or otherwise transferred in any way for use directly
or indirectly outside the State.
(2) Exceptions.--Central Arizona Project water may be--
(A) leased, exchanged, forborne, or otherwise
transferred under an agreement with the Arizona Water
Banking Authority that is in accordance with part 414 of
title 43, Code of Federal Regulations; and
(B) delivered to users in Arizona in exchange for
Gila River water used in New Mexico as provided in
section 304 of the Colorado River Basin Project Act (43
U.S.C. 1524) (as amended by section 212).
(3) Effect of subsection.--Nothing in this subsection
prohibits any entity from entering into a contract with the
Arizona Water Banking Authority or a successor of the Authority
under State law.
SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN WATER.
(a) Firming Program.--The Secretary and the State shall develop a
firming program to ensure that 60,648 acre-feet of the agricultural
priority water made available pursuant to the master agreement and
reallocated to Arizona Indian tribes under section 104(a)(1), shall, for
a 100-year period, be delivered during water shortages in the same
manner as water with a municipal and industrial delivery priority in the
Central Arizona Project system is delivered during water shortages.
(b) Duties.--
(1) Secretary.--The Secretary shall--
(A) firm 28,200 acre-feet of agricultural priority
water reallocated to the Tohono O'odham Nation under
section 104(a)(1)(A)(ii); and
(B) firm 8,724 acre-feet of agricultural priority
water reallocated to Arizona Indian tribes under section
104(a)(1)(A)(iii).
(2) State.--The State shall--
(A) firm 15,000 acre-feet of agricultural priority
water reallocated to the Community under section
104(a)(1)(A)(i);
(B) firm 8,724 acre-feet of agricultural priority
water reallocated to Arizona Indian tribes under section
104(a)(1)(A)(iii); and
(C) assist the Secretary in carrying out obligations
of the Secretary under paragraph (1)(A) in accordance
with section 306 of the Southern Arizona Water Rights
Settlement Amendments Act (as added by section 301).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
the duties of the Secretary under subsection (b)(1).
SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY WATER.
(a) Approval of Agreement.--
(1) In general.--Except to the extent that any provision of
the master agreement conflicts with any provision of this title,
the master agreement is authorized, ratified, and confirmed. To
the extent that amendments are executed to make the master
agreement consistent with this title, such amendments are also
authorized, ratified, and confirmed.
[[Page 118 STAT. 3493]]
(2) Exhibits.--The Secretary is directed to and shall
execute the master agreement and any of the exhibits to the
master agreement that have not been executed as of the date of
enactment of this Act.
(3) Debt collection.--For any agricultural priority water
that is not relinquished under the master agreement, the
subcontractor shall continue to pay, consistent with the master
agreement, the portion of the debt associated with any retained
water under section 9(d) of the Reclamation Project Act of 1939
(43 U.S.C. 485h(d)), and the Secretary shall apply such revenues
toward the reimbursable section 9(d) debt of that subcontractor.
(4) Effective date.--The provisions of subsections (b) and
(c) shall take effect on the date of enactment of this Act.
(b) Nonreimbursable Debt.--
(1) In general.--In accordance with the master agreement,
the portion of debt incurred under section 9(d) of the
Reclamation Project Act of 1939 (43 U.S.C. 485h(d)), and
identified in the master agreement as nonreimbursable to the
United States, shall be nonreimbursable and nonreturnable to the
United States in an amount not to exceed $73,561,337.
(2) Extension.--In accordance with the master agreement, the
Secretary may extend, on an annual basis, the repayment schedule
of debt incurred under section 9(d) of the Reclamation Project
Act of 1939 (43 U.S.C. 485h(d)) by CAP subcontractors.
(c) Exemption.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa
et seq.) and any other acreage limitation or full cost pricing
provisions of Federal law shall not apply to--
(1) land within the exterior boundaries of the Central
Arizona Water Conservation District or served by Central Arizona
Project water;
(2) land within the exterior boundaries of the Salt River
Reservoir District;
(3) land held in trust by the United States for an Arizona
Indian tribe that is--
(A) within the exterior boundaries of the Central
Arizona Water Conservation District; or
(B) served by Central Arizona Project water; or
(4) any person, entity, or land, solely on the basis of--
(A) receipt of any benefits under this Act;
(B) execution or performance of the Gila River
agreement; or
(C) the use, storage, delivery, lease, or exchange
of Central Arizona Project water.
SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.
(a) In General.--Section 403 of the Colorado River Basin Project Act
(43 U.S.C. 1543) is amended by striking subsection (f) and inserting the
following:
``(f) Additional Uses of Revenue Funds.--
``(1) Crediting against central arizona water conservation
district payments.--Funds credited to the development fund
pursuant to subsection (b) and paragraphs (1) and (3) of
subsection (c), the portion of revenues derived from the sale of
power and energy for use in the State of Arizona pursuant to
subsection (c)(2) in excess of the amount necessary to meet the
requirements of paragraphs (1) and (2) of subsection
[[Page 118 STAT. 3494]]
(d), and any annual payment by the Central Arizona Water
Conservation District to effect repayment of reimbursable
Central Arizona Project construction costs, shall be credited
annually against the annual payment owed by the Central Arizona
Water Conservation District to the United States for the Central
Arizona Project.
``(2) Further use of revenue funds credited against payments
of central arizona water conservation district.--After being
credited in accordance with paragraph (1), the funds and portion
of revenues described in that paragraph shall be available
annually, without further appropriation, in order of priority--
``(A) to pay annually the fixed operation,
maintenance, and replacement charges associated with the
delivery of Central Arizona Project water held under
long-term contracts for use by Arizona Indian tribes (as
defined in section 2 of the Arizona Water Settlements
Act) in accordance with clause 8(d)(i)(1)(i) of the
Repayment Stipulation (as defined in section 2 of the
Arizona Water Settlements Act);
``(B) to make deposits, totaling $53,000,000 in the
aggregate, in the Gila River Indian Community Water OM&R
Trust Fund established by section 208 of the Arizona
Water Settlements Act;
``(C) to pay $147,000,000 for the rehabilitation of
the San Carlos Irrigation Project, of which not more
than $25,000,000 shall be available annually consistent
with attachment 6.5.1 of exhibit 20.1 of the Gila River
agreement, except that the total amount of $147,000,000
shall be increased or decreased, as appropriate, based
on ordinary fluctuations since January 1, 2000, in
construction cost indices applicable to the types of
construction involved in the rehabilitation;
``(D) in addition to amounts made available for the
purpose through annual appropriations, as reasonably
allocated by the Secretary without regard to any trust
obligation on the part of the Secretary to allocate the
funding under any particular priority and without regard
to priority (except that payments required by clause (i)
shall be made first)--
``(i) to make deposits totaling $66,000,000,
adjusted to reflect changes since January 1, 2004,
in the construction cost indices applicable to the
types of construction involved in construction of
the New Mexico Unit, into the New Mexico Unit Fund
as provided by section 212(i) of the Arizona Water
Settlements Act in 10 equal annual payments
beginning in 2012;
``(ii) upon satisfaction of the conditions set
forth in subsections (j) and (k) of section 212,
to pay certain of the costs associated with
construction of the New Mexico Unit, in addition
to any amounts that may be expended from the New
Mexico Unit Fund, in a minimum amount of
$34,000,000 and a maximum amount of $62,000,000,
as provided in section 212 of the Arizona Water
Settlements Act, as adjusted to
[[Page 118 STAT. 3495]]
reflect changes since January 1, 2004, in the
construction cost indices applicable to the types
of construction involved in construction of the
New Mexico Unit;
``(iii) to pay the costs associated with the
construction of distribution systems required to
implement the provisions of--
``(I) the contract entered into
between the United States and the Gila
River Indian Community, numbered 6-07-
03-W0345, and dated July 20, 1998;
``(II) section 3707(a)(1) of the San
Carlos Apache Tribe Water Rights
Settlement Act of 1992 (106 Stat. 4747);
and
``(III) section 304 of the Southern
Arizona Water Rights Settlement
Amendments Act of 2004;
``(iv) to pay $52,396,000 for the
rehabilitation of the San Carlos Irrigation
Project as provided in section 203(d)(4) of the
Arizona Water Settlements Act, of which not more
than $9,000,000 shall be available annually,
except that the total amount of $52,396,000 shall
be increased or decreased, as appropriate, based
on ordinary fluctuations since January 1, 2000, in
construction cost indices applicable to the types
of construction involved in the rehabilitation;
``(v) to pay other costs specifically
identified under--
``(I) sections 213(g)(1) and 214 of
the Arizona Water Settlements Act; and
``(II) the Southern Arizona Water
Rights Settlement Amendments Act of
2004;
``(vi) to pay a total of not more than
$250,000,000 to the credit of the Future Indian
Water Settlement Subaccount of the Lower Colorado
Basin Development Fund, for use for Indian water
rights settlements in Arizona approved by Congress
after the date of enactment of this Act, subject
to the requirement that, notwithstanding any other
provision of this Act, any funds credited to the
Future Indian Water Settlement Subaccount that are
not used in furtherance of a congressionally
approved Indian water rights settlement in Arizona
by December 31, 2030, shall be returned to the
main Lower Colorado Basin Development Fund for
expenditure on authorized uses pursuant to this
Act, provided that any interest earned on funds
held in the Future Indian Water Settlement
Subaccount shall remain in such subaccount until
disbursed or returned in accordance with this
section;
``(vii) to pay costs associated with the
installation of gages on the Gila River and its
tributaries to measure the water level of the Gila
River and its tributaries for purposes of the New
Mexico Consumptive Use and Forbearance Agreement
in an amount not to exceed $500,000; and
``(viii) to pay the Secretary's costs of
implementing the Central Arizona Project
Settlement Act of 2004;
``(E) in addition to amounts made available for the
purpose through annual appropriations--
[[Page 118 STAT. 3496]]
``(i) to pay the costs associated with the
construction of on-reservation Central Arizona
Project distribution systems for the Yavapai
Apache (Camp Verde), Tohono O'odham Nation (Sif
Oidak District), Pascua Yaqui, and Tonto Apache
tribes; and
``(ii) to make payments to those tribes in
accordance with paragraph 8(d)(i)(1)(iv) of the
repayment stipulation (as defined in section 2 of
the Arizona Water Settlements Act), except that if
a water rights settlement Act of Congress
authorizes such construction, payments to those
tribes shall be made from funds in the Future
Indian Water Settlement Subaccount; and
``(F) if any amounts remain in the development fund
at the end of a fiscal year, to be carried over to the
following fiscal year for use for the purposes described
in subparagraphs (A) through (E).
``(3) Revenue funds in excess of revenue funds credited
against central arizona water conservation district payments.--
The funds and portion of revenues described in paragraph (1)
that are in excess of amounts credited under paragraph (1) shall
be available, on an annual basis, without further appropriation,
in order of priority--
``(A) to pay annually the fixed operation,
maintenance and replacement charges associated with the
delivery of Central Arizona Project water under long-
term contracts held by Arizona Indian tribes (as defined
in section 2 of the Arizona Water Settlements Act);
``(B) to make the final outstanding annual payment
for the costs of each unit of the projects authorized
under title III that are to be repaid by the Central
Arizona Water Conservation District;
``(C) to reimburse the general fund of the Treasury
for fixed operation, maintenance, and replacement
charges previously paid under paragraph (2)(A);
``(D) to reimburse the general fund of the Treasury
for costs previously paid under subparagraphs (B)
through (E) of paragraph (2);
``(E) to pay to the general fund of the Treasury the
annual installment on any debt relating to the Central
Arizona Project under section 9(d) of the Reclamation
Project Act of 1939 (43 U.S.C. 485h(d)), made
nonreimbursable under section 106(b) of the Arizona
Water Settlements Act;
``(F) to pay to the general fund of the Treasury the
difference between--
``(i) the costs of each unit of the projects
authorized under title III that are repayable by
the Central Arizona Water Conservation District;
and
``(ii) any costs allocated to reimbursable
functions under any Central Arizona Project cost
allocation undertaken by the United States; and
``(G) for deposit in the general fund of the
Treasury.
``(4) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the development fund as is
not,
[[Page 118 STAT. 3497]]
in the judgment of the Secretary of the Interior,
required to meet current needs of the development fund.
``(B) Permitted investments.--
``(i) In general.--Notwithstanding any other
provision of law, including any provision
requiring the consent or concurrence of any party,
the investments referred to in subparagraph (A)
shall include 1 or more of the following:
``(I) Any investments referred to in
the Act of June 24, 1938 (25 U.S.C.
162a).
``(II) Investments in obligations of
government corporations and government-
sponsored entities whose charter
statutes provide that their obligations
are lawful investments for federally
managed funds.
``(III) The obligations referred to
in section 201 of the Social Security
Act (42 U.S.C. 401).
``(ii) Lawful investments.--For purposes of
clause (i), obligations of government corporations
and government-sponsored entities whose charter
statutes provide that their obligations are lawful
investments for
federally managed funds includes any of the
following securities or securities with comparable
language concerning the investment of federally
managed funds:
``(I) Obligations of the United
States Postal Service as authorized by
section 2005 of title 39, United States
Code.
``(II) Bonds and other obligations
of the Tennessee Valley Authority as
authorized by section 15d of the
Tennessee Valley Authority Act of 1933
(16 U.S.C. 831n-4).
``(III) Mortgages, obligations, or
other securities of the Federal Home
Loan Mortgage Corporation as authorized
by section 303 of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C.
1452).
``(IV) Bonds, notes, or debentures
of the Commodity Credit Corporation as
authorized by section 4 of the Act of
March 4, 1939 (15 U.S.C. 713a-4).
``(C) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price; or
``(ii) by purchase of outstanding obligations
at the market price.
``(D) Sale of obligations.--Any obligation acquired
by the development fund may be sold by the Secretary of
the Treasury at the market price.
``(E) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations
held in the development fund shall be credited to and
form a part of the development fund.
``(5) Amounts not available for certain federal
obligations.--None of the provisions of this section, including
paragraphs (2)(A) and (3)(A), shall be construed to make any
[[Page 118 STAT. 3498]]
of the funds referred to in this section available for the
fulfillment of any Federal obligation relating to the payment of
OM&R charges if such obligation is undertaken pursuant to Public
Law 95-328, Public Law 98-530, or any settlement agreement with
the United States (or amendments thereto) approved by or
pursuant to either of those acts.''.
(b) <<NOTE: 43 USC 1543 note.>> Limitation.--Amounts made available
under the amendment made by subsection (a)--
(1) shall be identified and retained in the Lower Colorado
River Basin Development Fund established by section 403 of the
Colorado River Basin Project Act (43 U.S.C. 1543); and
(2) shall not be expended or withdrawn from that fund until
the later of--
(A) <<NOTE: Federal Register, publication.>> the
date on which the findings described in section 207(c)
are published in the Federal Register; or
(B) <<NOTE: Deadline.>> January 1, 2010.
(c) <<NOTE: 43 USC 1543.>> Technical Amendments.--The Colorado River
Basin Project Act (43 U.S.C. 1501 et seq.) is amended--
(1) in section 403(g), by striking ``clause (c)(2)'' and
inserting ``subsection (c)(2)''; and
(2) in section 403(e), by deleting the first word and
inserting ``Except as provided in subsection (f), revenues''.
SEC. 108. EFFECT.
Except for provisions relating to the allocation of Central Arizona
Project water and the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et
seq.), nothing in this title affects--
(1) any treaty, law, or agreement governing the use of water
from the Colorado River; or
(2) any rights to use Colorado River water existing on the
date of enactment of this Act.
SEC. 109. REPEAL.
Section 11(h) of the Salt River Pima-Maricopa Indian Community Water
Rights Settlement Act of 1988 (102 Stat. 2559) is repealed.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to comply with--
(1) the 1994 biological opinion, including any funding
transfers required by the opinion;
(2) the 1996 biological opinion, including any funding
transfers required by the opinion; and
(3) any final biological opinion resulting from the 1999
biological opinion, including any funding transfers required by
the opinion.
(b) Construction Costs.--Amounts made available under subsection (a)
shall be treated as Central Arizona Project construction costs.
(c) Agreements.--
(1) In general.--Any amounts made available under subsection
(a) may be used to carry out agreements to permanently fund
long-term reasonable and prudent alternatives in accepted
biological opinions relating to the Central Arizona Project.
(2) Requirements.--To ensure that long-term environmental
compliance may be met without further appropriations, an
agreement under paragraph (1) shall include a provision
[[Page 118 STAT. 3499]]
requiring that the contractor manage the funds through interest-
bearing investments.
SEC. 111. REPEAL <<NOTE: 43 USC 1501 note.>> ON FAILURE OF
ENFORCEABILITY DATE UNDER TITLE II.
(a) In General.--Except as provided in subsection (b), if the
Secretary does not publish a statement of findings under section 207(c)
by December 31, 2007--
(1) <<NOTE: Effective date.>> this title is repealed
effective January 1, 2008, and any action taken by the Secretary
and any contract entered under any provision of this title shall
be void; and
(2) any amounts appropriated under section 110 that remain
unexpended shall immediately revert to the general fund of the
Treasury.
(b) Exception.--No subcontract amendment executed by the Secretary
under the notice of June 18, 2003 (67 Fed. Reg. 36578), shall be
considered to be a contract entered into by the Secretary for purposes
of subsection (a)(1).
TITLE II--GILA <<NOTE: Gila River Indian Community Water Rights
Settlement Act of 2004. 43 USC 1501 note.>> RIVER INDIAN COMMUNITY WATER
RIGHTS SETTLEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Gila River Indian Community Water
Rights Settlement Act of 2004''.
SEC. 202. PURPOSES.
The purposes of this title are--
(1) to resolve permanently certain damage claims and all
water rights claims among the United States on behalf of the
Community, its members, and allottees, and the Community and its
neighbors;
(2) to authorize, ratify, and confirm the Gila River
agreement;
(3) to authorize and direct the Secretary to execute and
perform all obligations of the Secretary under the Gila River
agreement;
(4) to authorize the actions and appropriations necessary
for the United States to meet obligations of the United States
under the Gila River agreement and this title; and
(5) to authorize and direct the Secretary to execute the New
Mexico Consumptive Use and Forbearance Agreement to allow the
Secretary to exercise the rights authorized by subsections (d)
and (f) of section 304 of the Colorado River Basin Project Act
(43 U.S.C. 1524).
SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMUNITY WATER RIGHTS
SETTLEMENT AGREEMENT.
(a) In General.--Except to the extent that any provision of the Gila
River agreement conflicts with any provision of this title, the Gila
River agreement is authorized, ratified, and confirmed. To the extent
amendments are executed to make the Gila River agreement consistent with
this title, such amendments are also authorized, ratified, and
confirmed.
(b) Execution of Agreement.--To the extent that the Gila River
agreement does not conflict with this title, the Secretary
[[Page 118 STAT. 3500]]
is directed to and shall execute the Gila River agreement, including all
exhibits to the Gila River agreement requiring the signature of the
Secretary and any amendments necessary to make the Gila River agreement
consistent with this title, after the Community has executed the Gila
River agreement and any such amendments.
(c) National Environmental Policy Act.--
(1) Environmental compliance.--In implementing the Gila
River agreement, the Secretary shall promptly comply with all
aspects of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), and all other applicable environmental
Acts and regulations.
(2) Execution of the gila river agreement.--Execution of the
Gila River agreement by the Secretary under this section shall
not constitute a major Federal action under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary
is directed to carry out all necessary environmental compliance
required by Federal law in implementing the Gila River
agreement.
(3) Lead agency.--The Bureau of Reclamation shall be
designated as the lead agency with respect to environmental
compliance.
(d) Rehabilitation and Operation, Maintenance, and Replacement of
Certain Water Works.--
(1) In general.--In addition to any obligations of the
Secretary with respect to the San Carlos Irrigation Project,
including any operation or maintenance responsibility existing
on the date of enactment of this Act, the Secretary shall--
(A) in accordance with exhibit 20.1 to the Gila
River agreement, provide for the rehabilitation of the
San Carlos Irrigation Project water diversion and
delivery works with the funds provided for under section
403(f)(2) of the Colorado River Basin Project Act; and
(B) provide electric power for San Carlos Irrigation
Project wells and irrigation pumps at the Secretary's
direct cost of transmission, distribution, and
administration, using the least expensive source of
power available.
(2) Joint control board agreement.--
(A) In general.--Except to the extent that it is in
conflict with this title, the Secretary shall execute
the joint control board agreement described in exhibit
20.1 to the Gila River agreement, including all exhibits
to the joint control board agreement requiring the
signature of the Secretary and any amendments necessary
to the joint control board agreement consistent with
this title.
(B) Controls.--The joint control board agreement
shall contain the following provisions, among others:
(i) The Secretary, acting through the Bureau
of Indian Affairs, shall continue to be
responsible for the operation and maintenance of
Picacho Dam and Coolidge Dam and Reservoir, and
for scheduling and delivering water to the
Community and the District through the San Carlos
Irrigation Project joint works.
(ii) <<NOTE: Deadlines.>> The actions and
decisions of the joint control board that pertain
to construction and maintenance of those San
Carlos Irrigation Project joint works that are the
subject of the joint control board agreement
[[Page 118 STAT. 3501]]
shall be subject to the approval of the Secretary,
acting through the Bureau of Indian Affairs within
30 days thereof, or sooner in emergency
situations, which approval shall not be
unreasonably withheld. Should a required decision
of the Bureau of Indian Affairs not be received by
the joint control board within 60 days following
an action or decision of the joint control board,
the joint control board action or decision shall
be deemed to have been approved by the Secretary.
(3) Rehabilitation costs allocable to the community.--The
rehabilitation costs allocable to the Community under exhibit
20.1 to the Gila River agreement shall be paid from the funds
available under paragraph (2)(C) of section 403(f) of the
Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended
by section 107(a)).
(4) Rehabilitation costs not allocable to the community.--
(A) In general.--The rehabilitation costs not
allocable to the Community under exhibit 20.1 to the
Gila River agreement shall be provided from funds
available under paragraph (2)(D)(iv) of section 403(f)
of the Colorado River Basin Project Act (43 U.S.C.
1543(f)) (as amended by section 107(a)).
(B) Supplementary repayment contract.--Prior to the
advance of any funds made available to the San Carlos
Irrigation and Drainage District pursuant to the
provisions of this Act, the Secretary shall execute a
supplementary repayment contract with the San Carlos
Irrigation and Drainage District in the form provided
for in exhibit 20.1 to the Gila River agreement which
shall, among other things, provide that--
(i) in accomplishing the work under the
supplemental repayment contract--
(I) the San Carlos Irrigation and
Drainage District--
(aa) may use locally
accepted engineering standards
and the labor and contracting
authorities that are available
to the District under State law;
and
(bb) shall be subject to the
value engineering program of the
Bureau of Reclamation
established pursuant to OMB
Circular A-131; and
(II) in accordance with FAR Part
48.101(b), the incentive returned to the
contractor through this ``Incentive
Clause'' shall be 55 percent after the
Contractor is reimbursed for the
allowable costs of developing and
implementing the proposal and the
Government shall retain 45 percent of
such savings in the form of reduced
expenditures;
(ii) up to 18,000 acre-feet annually of
conserved water will be made available by the San
Carlos Irrigation and Drainage District to the
United States pursuant to the terms of exhibit
20.1 to the Gila River agreement; and
(iii) a portion of the San Carlos Irrigation
and Drainage District's share of the
rehabilitation costs
[[Page 118 STAT. 3502]]
specified in exhibit 20.1 to the Gila River
agreement shall be nonreimbursable.
(5) Lead agency.--The Bureau of Reclamation shall be
designated as the lead agency for oversight of the construction
and rehabilitation of the San Carlos Irrigation Project
authorized by this section.
(6) Financial responsibility.--Except as expressly provided
by this section, nothing in this Act shall affect--
(A) any responsibility of the Secretary under the
provisions of the Act of June 7, 1924 (commonly known as
the ``San Carlos Irrigation Project Act of 1924'') (43
Stat. 475); or
(B) any other financial responsibility of the
Secretary relating to operation and maintenance of the
San Carlos Irrigation Project existing on the date of
enactment of this Act.
SEC. 204. WATER RIGHTS.
(a) Rights Held in Trust; Allottees.--
(1) Intent of congress.--It is the intent of Congress to
provide allottees with benefits that are equal to or that exceed
the benefits that the allottees currently possess, taking into
account--
(A) the potential risks, cost, and time delay
associated with the litigation that will be resolved by
the Gila River agreement;
(B) the availability of funding under title I for
the rehabilitation of the San Carlos Irrigation Project
and for other benefits;
(C) the availability of water from the CAP system
and other sources after the enforceability date, which
will supplement less secure existing water supplies; and
(D) the applicability of section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), and this title to
protect the interests of allottees.
(2) Holding in trust.--The water rights and resources
described in the Gila River agreement shall be held in trust by
the United States on behalf of the Community and the allottees
as described in this section.
(3) Allotted land.--As specified in and provided for under
this Act--
(A) agricultural allottees, other than allottees
with rights under the Globe Equity Decree, shall be
entitled to a just and equitable allocation of water
from the Community for irrigation purposes from the
water resources described in the Gila River agreement;
(B) allotted land with rights under the Globe Equity
Decree shall be entitled to receive--
(i) a similar quantity of water from the
Community to the quantity historically delivered
under the Globe Equity Decree; and
(ii) the benefit of the rehabilitation of the
San Carlos Irrigation Project as provided in this
Act, a more secure source of water, and other
benefits under this Act;
(C) the water rights and resources and other
benefits provided by this Act are a complete
substitution of any
[[Page 118 STAT. 3503]]
rights that may have been held by, or any claims that
may have been asserted by, the allottees before the date
of enactment of this Act for land within the exterior
boundaries of the Reservation;
(D) any entitlement to water of allottees for land
located within the exterior boundaries of the
Reservation shall be satisfied by the Community using
the water resources described in subparagraph 4.1 in the
Gila River agreement;
(E) before asserting any claim against the United
States under section 1491(a) of title 28, United States
Code, or under section 7 of the Act of February 8, 1887
(25 U.S.C. 381), an allottee shall first exhaust
remedies available to the allottee under the Community's
water code and Community law; and
(F) following exhaustion of remedies on claims
relating to section 7 of the Act of February 8, 1887 (25
U.S.C. 381), a claimant may petition the Secretary for
relief.
(4) Actions, claims, and lawsuits.--
(A) In general.--Nothing in this Act authorizes any
action, claim, or lawsuit by an allottee against any
person, entity, corporation, or municipal corporation,
under Federal, State, or other law.
(B) The community and the united states.--Except as
provided in subparagraphs (E) and (F) of paragraph (3)
and subsection (e)(2)(C), nothing in this Act either
authorizes any action, claim, or lawsuit by an allottee
against the Community under Federal, State, or other
law, or alters available actions pursuant to section
1491(a) of title 28, of the United States Code, or
section 381 of title 25, of the United States Code.
(b) Reallocation.--
(1) In general.--In accordance with this title and the Gila
River agreement, the Secretary shall reallocate and contract
with the Community for the delivery in accordance with this
section of--
(A) an annual entitlement to 18,600 acre-feet of CAP
agricultural priority water in accordance with the
agreement among the Secretary, the Community, and
Roosevelt Water Conservation District dated August 7,
1992;
(B) an annual entitlement to 18,100 acre-feet of CAP
Indian priority water, which was permanently
relinquished by Harquahala Valley Irrigation District in
accordance with Contract No. 3-0907-0930-09W0290 among
the Central Arizona Water Conservation District, the
Harquahala Valley Irrigation District, and the United
States, and converted to CAP Indian priority water under
the Fort McDowell Indian Community Water Rights
Settlement Act of 1990 (104 Stat. 4480);
(C) on execution of an exchange and lease agreement
among the Community, the United States, and Asarco, an
annual entitlement of up to 17,000 acre-feet of CAP
municipal and industrial priority water under the
subcontract among the United States, the Central Arizona
Water Conservation District, and Asarco, Subcontract No.
3-07-30-W0307, dated November 7, 1993; and
[[Page 118 STAT. 3504]]
(D) as provided in section 104(a)(1)(A)(i), an
annual entitlement to 102,000 acre-feet of CAP
agricultural priority water acquired pursuant to the
master agreement.
(2) Sole authority.--In accordance with this section, the
Community shall have the sole authority, subject to the
Secretary's approval pursuant to section 205(a)(2), to lease,
distribute, exchange, or allocate the CAP water described in
this subsection, except that this paragraph shall not impair the
right of an allottee to lease land of the allottee together with
the water rights appurtenant to the land. Nothing in this
paragraph shall affect the validity of any lease or exchange
ratified in section 205(c) or 205(d).
(c) Water Service Capital Charges.--The Community shall not be
responsible for water service capital charges for CAP water.
(d) Allocation and Repayment.--For the purpose of determining the
allocation and repayment of costs of any stages of the Central Arizona
Project constructed after the date of enactment of this Act, the costs
associated with the delivery of water described in subsection (b),
whether that water is delivered for use by the Community or in
accordance with any assignment, exchange, lease, option to lease, or
other agreement for the temporary disposition of water entered into by
the Community--
(1) shall be nonreimbursable; and
(2) shall be excluded from the repayment obligation of the
Central Arizona Water Conservation District.
(e) Application of Provisions.--
(1) In general.--The water rights recognized and confirmed
to the Community and allottees by the Gila River agreement and
this title shall be subject to section 7 of the Act of February
8, 1887 (25 U.S.C. 381).
(2) Water code.--
(A) <<NOTE: Deadline.>> In general.--Not later than
18 months after the enforceability date, the Community
shall enact a water code, subject to any applicable
provision of law (including subsection (a)(3)), that--
(i) manages, regulates, and controls the water
resources on the Reservation;
(ii) governs all of the water rights that are
held in trust by the United States; and
(iii) provides that, subject to approval of
the Secretary--
(I) the Community shall manage,
regulate, and control the water
resources described in the Gila River
agreement and allocate water to all
water users on the Reservation pursuant
to the water code;
(II) the Community shall establish
conditions, limitations, and permit
requirements relating to the storage,
recovery, and use of the water resources
described in the Gila River agreement;
(III) any allocation of water shall
be from the pooled water resources
described in the Gila River agreement;
(IV) charges for delivery of water
for irrigation purposes to water users
on the Reservation (including water
users on allotted land) shall be
assessed on a just and equitable basis
without
[[Page 118 STAT. 3505]]
regard to the status of the Reservation
land on which the water is used;
(V) there is a process by which any
user of or applicant to use water for
irrigation purposes (including water
users on allotted land) may request that
the Community provide water for
irrigation use in accordance with this
title;
(VI) there is a due process system
for the consideration and determination
by the Community of any request by any
water user on the Reservation (including
water users on allotted land), for an
allocation of water, including a process
for appeal and adjudication of denied or
disputed distributions of water and for
resolution of contested administrative
decisions; and
(VII) there is a requirement that
any allottee with a claim relating to
the enforcement of rights of the
allottee under the water code or
relating to the amount of water
allocated to land of the allottee must
first exhaust remedies available to the
allottee under Community law and the
water code before initiating an action
against the United States or petitioning
the Secretary pursuant to subsection
(a)(3)(F).
(B) Approval.--Any provision of the water code and
any amendments to the water code that affect the rights
of the allottees shall be subject to the approval of the
Secretary, and no such provision or amendment shall be
valid until approved by the Secretary.
(C) Inclusion of requirement in water code.--The
Community is authorized to and shall include in the
water code the requirement in subparagraph (A)(VII) that
any allottee with a claim relating to the enforcement of
rights of the allottee under the water code or relating
to the amount of water allocated to land of the allottee
must first exhaust remedies available to the allottee
under Community law and the water code before initiating
an action against the United States.
(3) Administration.--The Secretary shall administer all
rights to water granted or confirmed to the Community and
allottees by the Gila River agreement and this Act until such
date as the water code described in paragraph (2) has been
enacted and approved by the Secretary, at which time the
Community shall have authority, subject to the Secretary's
authority under section 7 of the Act of February 8, 1887 (25
U.S.C. 381), to manage, regulate, and control the water
resources described in the Gila River agreement, subject to
paragraph (2), except that this paragraph shall not impair the
right of an allottee to lease land of the allottee together with
the water rights appurtenant to the land.
SEC. 205. COMMUNITY WATER DELIVERY CONTRACT AMENDMENTS.
(a) In General.--The Secretary shall amend the Community water
delivery contract to provide, among other things, in accordance with the
Gila River agreement, that--
(1) the contract shall be--
[[Page 118 STAT. 3506]]
(A) for permanent service (as that term is used in
section 5 of the Boulder Canyon Project Act (43 U.S.C.
617d)); and
(B) without limit as to term;
(2) the Community may, with the approval of the Secretary,
including approval as to the Secretary's authority under section
7 of the Act of February 8, 1887 (25 U.S.C. 381)--
(A) enter into contracts or options to lease (for a
term not to exceed 100 years) or contracts or options to
exchange, Community CAP water within Maricopa, Pinal,
Pima, La Paz, Yavapai, Gila, Graham, Greenlee, Santa
Cruz, or Coconino Counties, Arizona, providing for the
temporary delivery to others of any portion of the
Community CAP water; and
(B) renegotiate any lease at any time during the
term of the lease, so long as the term of the
renegotiated lease does not exceed 100 years;
(3)(A) the Community, and not the United States, shall be
entitled to all consideration due to the Community under any
leases or options to lease and exchanges or options to exchange
Community CAP water entered into by the Community; and
(B) the United States shall have no trust obligation or
other obligation to monitor, administer, or account for--
(i) any funds received by the Community as
consideration under any such leases or options to lease
and exchanges or options to exchange; or
(ii) the expenditure of such funds;
(4)(A) all Community CAP water shall be delivered through
the CAP system; and
(B) if the delivery capacity of the CAP system is
significantly reduced or is anticipated to be significantly
reduced for an extended period of time, the Community shall have
the same CAP delivery rights as other CAP contractors and CAP
subcontractors, if such CAP contractors or CAP subcontractors
are allowed to take delivery of water other than through the CAP
system;
(5) the Community may use Community CAP water on or off the
Reservation for Community purposes;
(6) as authorized by subparagraph (A) of section 403(f)(2)
of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2))
(as amended by section 107(a)) and to the extent that funds are
available in the Lower Colorado River Basin Development Fund
established by section 403 of that Act (43 U.S.C. 1543), the
United States shall pay to the CAP operating agency the fixed
OM&R charges associated with the delivery of Community CAP
water, except for Community CAP water leased by others;
(7) the costs associated with the construction of the CAP
system allocable to the Community--
(A) shall be nonreimbursable; and
(B) shall be excluded from any repayment obligation
of the Community; and
(8) no CAP water service capital charges shall be due or
payable for Community CAP water, whether CAP water is delivered
for use by the Community or is delivered under any leases,
options to lease, exchanges or options to exchange Community CAP
water entered into by the Community.
[[Page 118 STAT. 3507]]
(b) Amended and Restated Community Water Delivery Contract.--To the
extent it is not in conflict with the provisions of this Act, the
Amended and Restated Community CAP Water Delivery Contract set forth in
exhibit 8.2 to the Gila River agreement is authorized, ratified, and
confirmed, and the Secretary is directed to and shall execute the
contract. To the extent amendments are executed to make the Amended and
Restated Community CAP Water Delivery Contract consistent with this
title, such amendments are also authorized, ratified, and confirmed.
(c) Leases.--To the extent they are not in conflict with the
provisions of this Act, the leases of Community CAP water by the
Community to Phelps Dodge, and any of the Cities, attached as exhibits
to the Gila River agreement, are authorized, ratified, and confirmed,
and the Secretary is directed to and shall execute the leases. To the
extent amendments are executed to make such leases consistent with this
title, such amendments are also authorized, ratified, and confirmed.
(d) Reclaimed Water Exchange Agreement.--To the extent it is not in
conflict with the provisions of this Act, the Reclaimed Water Exchange
Agreement among the cities of Chandler and Mesa, Arizona, the Community,
and the United States, attached as exhibit 18.1 to the Gila River
agreement, is authorized, ratified, and confirmed, and the Secretary
shall execute the agreement. To the extent amendments are executed to
make the Reclaimed Water Exchange Agreement consistent with this title,
such amendments are also authorized, ratified, and confirmed.
(e) Payment of Charges.--Neither the Community nor any recipient of
Community CAP water through lease or exchange shall be obligated to pay
water service capital charges or any other charges, payments, or fees
for the CAP water, except as provided in the lease or exchange
agreement.
(f) Prohibitions.--
(1) Use outside the state.--None of the Community CAP water
shall be leased, exchanged, forborne, or otherwise transferred
in any way by the Community for use directly or indirectly
outside the State.
(2) Use off reservation.--Except as authorized by this
section and subparagraph 4.7 of the Gila River agreement, no
water made available to the Community under the Gila River
agreement, the Globe Equity Decree, the Haggard Decree, or this
title may be sold, leased, transferred, or used off the
Reservation other than by exchange.
(3) Agreements with the arizona water banking authority.--
Nothing in this Act or the Gila River agreement limits the right
of the Community to enter into any agreement with the Arizona
Water Banking Authority, or any successor agency or entity, in
accordance with State law.
SEC. 206. SATISFACTION OF CLAIMS.
(a) In General.--The benefits realized by the Community, Community
members, and allottees under this title shall be in complete replacement
of and substitution for, and full satisfaction of, all claims of the
Community, Community members, and allottees for water rights, injury to
water rights, injury to water quality and subsidence damage, except as
set forth in the Gila River agreement, under Federal, State, or other
law with respect to land
[[Page 118 STAT. 3508]]
within the exterior boundaries of the Reservation, off-Reservation trust
land, and fee land.
(b) No Recognition of Water Rights.--Notwithstanding subsection (a)
and except as provided in section 204(a), nothing in this title has the
effect of recognizing or establishing any right of a Community member or
allottee to water on the Reservation.
SEC. 207. WAIVER AND RELEASE OF CLAIMS.
(a) In General.--
(1) Claims against the state and others.--
(A) Claims for water rights and injury to water
rights by the community and the united states on behalf
of the community.--Except as provided in subparagraph
25.12 of the Gila River agreement, the Community, on
behalf of the Community and Community members (but not
members in their capacities as allottees), and the
United States, on behalf of the Community and Community
members (but not members in their capacities as
allottees), as part of the performance of their
obligations under the Gila River agreement, are
authorized to execute a waiver and release of any claims
against the State (or any agency or political
subdivision of the State) or any other person, entity,
corporation, or municipal corporation under Federal,
State, or other law for--
(i)(I) past, present, and future claims for
water rights for land within the exterior
boundaries of the Reservation, off-Reservation
trust land, and fee land arising from time
immemorial and, thereafter, forever; and
(II) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on aboriginal
occupancy of land by the Community and Community
members, or their predecessors;
(ii)(I) past and present claims for injury to
water rights for land within the exterior
boundaries of the Reservation, off-Reservation
trust land, and fee land arising from time
immemorial through the enforceability date;
(II) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever, that are
based on aboriginal occupancy of land by the
Community and Community members, or their
predecessors; and
(III) claims for injury to water rights
arising after the enforceability date for land
within the exterior boundaries of the Reservation,
off-Reservation trust land, and fee land resulting
from the off-Reservation diversion or use of water
in a manner not in violation of the Gila River
agreement or State law;
(iii) past, present, and future claims arising
out of or relating in any manner to the
negotiation or execution of the Gila River
agreement or the negotiation or enactment of
titles I and II; and
(iv)(I) past and present claims for subsidence
damage occurring to land within the exterior
boundaries of the Reservation, off-Reservation
trust land, or fee
[[Page 118 STAT. 3509]]
land arising from time immemorial through the
enforceability date; and
(II) claims for subsidence damage arising
after the enforceability date occurring to land
within the exterior boundaries of the Reservation,
off-Reservation trust land, or fee land resulting
from the diversion of underground water in a
manner not in violation of the Gila River
agreement or State law.
(B) Claims for water rights and injury to water
rights by the united states as trustee for the
allottees.--Except as provided in subparagraph 25.12 of
the Gila River agreement, the United States, as trustee
for the allottees, as part of the performance of its
obligations under the Gila River agreement, is
authorized to execute a waiver and release of any claims
against the State (or any agency or political
subdivision of the State) or any other person, entity,
corporation, or municipal corporation under Federal,
State, or other law, for--
(i)(I) past, present, and future claims for
water rights for land within the exterior
boundaries of the Reservation arising from time
immemorial and, thereafter, forever; and
(II) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on aboriginal
occupancy of land by allottees, or their
predecessors;
(ii)(I) past and present claims for injury to
water rights for land within the exterior
boundaries of the Reservation arising from time
immemorial through the enforceability date;
(II) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever, that are
based on aboriginal occupancy of land by allottees
or their predecessors; and
(III) claims for injury to water rights
arising after the enforceability date for land
within the exterior boundaries of the Reservation
resulting from the off-Reservation diversion or
use of water in a manner not in violation of the
Gila River agreement or State law;
(iii) past, present, and future claims arising
out of or relating in any manner to the
negotiation or execution of the Gila River
agreement or the negotiation or enactment of
titles I and II; and
(iv) past and present claims for subsidence
damage occurring to land within the exterior
boundaries of the Reservation arising from time
immemorial through the enforceability date.
(C) Claims for injury to water quality by the
community.--Except as provided in subparagraph 25.12 of
the Gila River agreement, the Community, on behalf of
the Community and Community members (but not members in
their capacities as allottees), as part of the
performance of its obligations under the Gila River
agreement, is authorized to execute a waiver and release
of any claims, and to agree to waive its right to
request the United States to bring any claims, against
the State (or any agency
[[Page 118 STAT. 3510]]
or political subdivision of the State) or any other
person, entity, corporation, or municipal corporation
under Federal, State, or other law for--
(i) past and present claims for injury to
water quality (other than claims arising out of
the actions that resulted in the remediations
described in exhibit 25.4.1.1 to the Gila River
agreement), including claims for trespass,
nuisance, and real property damage and claims
under all current and future Federal, State, and
other environmental laws and regulations,
including claims under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and
the Arizona Water Quality Assurance Revolving Fund
(Ariz. Rev. Stat. 49-281 et seq. as amended)
arising from time immemorial through December 31,
2002, for land within the exterior boundaries of
the Reservation, off-Reservation trust land, and
fee land;
(ii) past, present, and future claims for
injury to water quality (other than claims arising
out of actions that resulted in the remediations
described in exhibit 25.4.1.1 to the Gila River
agreement), including claims for trespass,
nuisance, and real property damage and claims
under all current and future Federal, State, and
other environmental laws and regulations,
including claims under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and
the Arizona Water Quality Assurance Revolving Fund
(Ariz. Rev. Stat. 49-281 et seq.), arising from
time immemorial and, thereafter, forever, that are
based on aboriginal occupancy of land by the
Community and Community members, or their
predecessors;
(iii) claims for injury to water quality
(other than claims arising out of actions that
resulted in the remediations described in exhibit
25.4.1.1 to the Gila River agreement) arising
after December 31, 2002, including claims for
trespass, nuisance, and real property damage and
claims under all current and future Federal,
State, and other environmental laws and
regulations, including claims under the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) and the Arizona Water Quality
Assurance Revolving Fund (Ariz. Rev. Stat. 49-9281
et seq.), that result from--
(I) the delivery of water to the
Community;
(II) the off-Reservation diversion
(other than pumping), or ownership or
operation of structures for the off-
Reservation diversion (other than
pumping), of water;
(III) the off-Reservation pumping,
or ownership or operation of structures
for the off-Reservation pumping, of
water in a manner not in violation of
the Gila River agreement or of any
applicable pumping limitations under
State law;
[[Page 118 STAT. 3511]]
(IV) the recharge, or ownership or
operation of structures for the
recharge, of water under a State permit;
and
(V) the off-Reservation application
of water to land for irrigation,
except that the waiver provided in this clause
shall extend only to the State (or any agency or
political subdivision of the State) or any other
person, entity, or municipal or other corporation
to the extent that the person, entity, or
corporation is engaged in an activity specified in
this clause.
(D) Past and present claims for injury to water
quality by the united states.--Except as provided in
subparagraph 25.12 of the Gila River agreement and
except for any claims arising out of the actions that
resulted in the remediations described in exhibit
25.4.1.1 to the Gila River agreement, the United States,
acting as trustee for the Community, Community members
and allottees, and as part of the performance of its
obligations under the Gila River agreement, to the
extent consistent with this section, is authorized to
execute a waiver and release of any claims arising from
time immemorial through December 31, 2002, for injury to
water quality where all of the following conditions are
met:
(i) The claims are brought solely on behalf of
the Community, members, or allottees.
(ii) The claims are brought against the State
(or any agency or political subdivision of the
State) or any person, entity, corporation, or
municipal corporation.
(iii) The claims arise under Federal, State,
or other law, including claims, if any, for
trespass, nuisance, and real property damage, and
claims, if any, under any current or future
Federal, State, or other environmental laws or
regulation, including under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
the Arizona Water Quality Assurance Revolving Fund
(Ariz. Rev. Stat. 49-281 et seq.).
(iv) The claimed injury is to land, water, or
natural resources located on trust land within the
exterior boundaries of the Reservation or on off-
Reservation trust land.
(E) Future claims for injury to water quality by the
united states.--Except as provided in subparagraph 25.12
of the Gila River agreement and except for any claims
arising out of the actions that resulted in the
remediations described in exhibit 25.4.1.1 to the Gila
River agreement, the United States, in its own right and
as trustee for the Community, its members and allottees,
as part of the performance of its obligations under the
Gila River agreement, to the extent consistent with this
section, is authorized to execute a waiver and release
of the following claims for injury or threat of injury
to water quality arising after December 31, 2002,
against the State (or any agency or political
subdivision of the State) or any
[[Page 118 STAT. 3512]]
other person, entity, corporation, or municipal
corporation under Federal, State, or other law:
(i) All common law claims for injury or threat
of injury to water quality where the injury or
threat of injury asserted is to the Community's,
Community members' or allottees' interests in
trust land, water, or natural resources located
within the exterior boundaries of the Reservation
or within off-Reservation trust lands caused by--
(I) the delivery of water to the
Community;
(II) the off-Reservation diversion
(other than pumping), or ownership or
operation of structures for the off-
Reservation diversion (other than
pumping), of water;
(III) the off-Reservation pumping,
or ownership or operation of structures
for the off-Reservation pumping, of
water in a manner not in violation of
the Gila River agreement or of any
applicable pumping limitations under
State law;
(IV) the recharge, or ownership or
operation of structures for the
recharge, of water under a State permit;
and
(V) the off-Reservation application
of water to land for irrigation.
(ii) All natural resource damage claims for
injury or threat of injury to water quality where
the United States, through the Secretary of the
Interior or other designated officials, would act
on behalf of the Community, its members or
allottees as a natural resource trustee pursuant
to the National Contingency Plan, (as currently
set forth in section 300.600(b)(2) of title 40,
Code of Federal Regulations, or as it may
hereafter be amended), and where the claim is
based on injury to natural resources or threat of
injury to natural resources within the exterior
boundaries of the Reservation or off-Reservation
trust lands, caused by--
(I) the delivery of water to the
Community;
(II) the off-Reservation diversion
(other than pumping), or ownership or
operation of structures for the off-
Reservation diversion (other than
pumping), of water;
(III) the off-Reservation pumping,
or ownership or operation of structures
for the off-Reservation pumping, of
water in a manner not in violation of
the Gila River agreement or of any
applicable pumping limitations under
State law;
(IV) the recharge, or ownership or
operation of structures for the
recharge, of water under a State permit;
and
(V) the off-Reservation application
of water to land for irrigation.
(F) Claims by the community against the salt river
project.--
(i) In general.--Except as provided in
subparagraph 25.12 of the Gila River agreement, to
the extent consistent with this section, the
Community, on behalf of the Community and
Community members (but not
[[Page 118 STAT. 3513]]
members in their capacities as allottees), as part
of the performance of its obligations under the
Gila River agreement, is authorized to execute a
waiver and release of claims against the Salt
River Project (or its successors or assigns or its
officers, governors, directors, employees, agents,
or shareholders), where all of the following
conditions are met:
(I) The claims are brought solely on
behalf of the Community or its, members.
(II) The claims arise from the
discharge, transportation, seepage, or
other movement of water in, through, or
from drains, canals, or other facilities
or land in the Salt River Reservoir
District to trust land located within
the exterior boundaries of the
Reservation.
(III) The claims arise from time
immemorial through the enforceability
date.
(IV) The claims assert a past or
present injury to water rights, injury
on the Reservation to water quality, or
injury to trust property located within
the exterior boundaries of the
Reservation.
(ii) <<NOTE: Effective date.>> Effect of
waiver.--The waiver provided for in this
subparagraph is effective as of December 31, 2002,
and shall continue to preclude claims as they may
arise until the enforceability date, or until such
time as the Salt River Project alters its
historical operations of the drains, canals, or
other facilities within the Salt River Reservoir
District in a manner that would cause significant
harm to trust lands within the exterior boundaries
of the Reservation, whichever occurs earlier.
(G) Claims by the united states against the salt
river project.--
(i) In general.--Except as provided in
subparagraph 25.12 of the Gila River agreement, to
the extent consistent with this section, the
United States, acting as trustee for the
Community, Community members and allottees, and as
part of the performance of its obligations under
the Gila River agreement, is authorized to execute
a waiver and release of claims against the Salt
River Project (or its successors or assigns or its
officers, governors, directors, employees, agents,
or shareholders), where all of the following
conditions are met:
(I) The claims are brought solely on
behalf of the Community, members, or
allottees.
(II) The claims arise from the
discharge, transportation, seepage, or
other movement of water in, through, or
from drains, canals, or other facilities
or land in the Salt River Reservoir
District to trust land located within
the exterior boundaries of the
Reservation.
(III) The claims arise from time
immemorial through the enforceability
date.
(IV) The claims assert a past or
present injury to water rights, injury
on the Reservation to water
[[Page 118 STAT. 3514]]
quality, or injury to trust property
located within the exterior boundaries
of the Reservation.
(ii) <<NOTE: Effective date.>> Effect of
waiver.--The waiver provided for in this
subsection is effective as of December 31, 2002,
and shall continue to preclude claims as they may
arise until the enforceability date, or until such
time as the Salt River Project alters its
historical operations of the drains, canals, or
other facilities within the Salt River Reservoir
District in a manner that would cause significant
harm to trust lands within the exterior boundaries
of the Reservation, whichever occurs earlier.
(H) United states enforcement authority.--Except as
provided in subparagraphs (D), (E), and (G), nothing in
this Act or the Gila River agreement affects any right
of the United States, or the State, to take any action,
including environmental actions, under any laws
(including regulations and the common law) relating to
human health, safety, or the environment.
(2) Claims for subsidence by the community, allottees, and
the united states on behalf of the community and allottees.--In
accordance with the subsidence remediation program under section
209, the Community, a Community member, or an allottee, and the
United States, on behalf of the Community, a Community member,
or an allottee, as part of the performance of obligations under
the Gila River agreement, are authorized to execute a waiver and
release of all claims against the State (or any agency or
political subdivision of the State) or any other person, entity,
corporation or municipal corporation under Federal, State, or
other law for the damage claimed.
(3) Claims against the community.--
(A) In general.--Except as provided in subparagraph
25.12 of the Gila River agreement, to the extent
consistent with this Act, the United States, in all its
capacities (except as trustee for an Indian tribe other
than the Community), as part of the performance of
obligations under the Gila River agreement, is
authorized to execute a waiver and release of any and
all claims against the Community, or any agency,
official, or employee of the Community, under Federal,
State, or any other law for--
(i) past and present claims for subsidence
damage to trust land within the exterior
boundaries of the Reservation, off-Reservation
trust lands, and fee land arising from time
immemorial through the enforceability date; and
(ii) past, present, and future claims arising
out of or relating in any manner to the
negotiation or execution of the Gila River
agreement or the negotiation or enactment of
titles I and II.
(4) Claims against the united states.--
(A) In general.--Except as provided in subparagraph
25.12 of the Gila River agreement, the Community, on
behalf of the Community and Community members (but not
members in their capacities as allottees), as part of
the performance of obligations under the Gila River
agreement, is authorized to execute a waiver and release
of
[[Page 118 STAT. 3515]]
any claim against the United States (or agencies,
officials, or employees of the United States) under
Federal, State, or other law for--
(i)(I) past, present, and future claims for
water rights for land within the exterior
boundaries of the Reservation, off-Reservation
trust land, and fee land arising from time
immemorial and, thereafter, forever; and
(II) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on aboriginal
occupancy of land by the Community and Community
members, or their predecessors;
(ii)(I) past and present claims for injury to
water rights for land within the exterior
boundaries of the Reservation, off-Reservation
trust land, and fee land arising from time
immemorial through the enforceability date;
(II) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever, that are
based on aboriginal occupancy of land by the
Community and Community members, or their
predecessors; and
(III) claims for injury to water rights
arising after the enforceability date for land
within the exterior boundaries of the Reservation,
off-Reservation trust land, or fee land resulting
from the off-Reservation diversion or use of water
in a manner not in violation of the Gila River
agreement or applicable law;
(iii) past, present, and future claims arising
out of or relating in any manner to the
negotiation or execution of the Gila River
agreement or the negotiation or enactment of
titles I and II;
(iv)(I) past and present claims for subsidence
damage occurring to land within the exterior
boundaries of the Reservation, off-Reservation
trust land, or fee land arising from time
immemorial through the enforceability date; and
(II) claims for subsidence damage arising
after the enforceability date occurring to land
within the exterior boundaries of the Reservation,
off-Reservation trust land or fee land resulting
from the diversion of underground water in a
manner not in violation of the Gila River
agreement or applicable law;
(v) past and present claims for failure to
protect, acquire, or develop water rights for or
on behalf of the Community and Community members
arising before December 31, 2002; and
(vi) past, present, and future claims relating
to failure to assert any claims expressly waived
pursuant to section 207(a)(1) (C) through (E).
(B) Exhaustion of remedies.--To the extent that
members in their capacity as allottees assert that this
title impairs or alters their present or future claims
to water or constitutes an injury to present or future
water rights, the members shall be required to exhaust
their
[[Page 118 STAT. 3516]]
remedies pursuant to the tribal water code prior to
asserting claims against the United States.
(5) Claims against certain persons and entities in the upper
gila valley.--
(A) By the community and the united states.--Except
as provided in the UVD agreement, the Community, on
behalf of the Community and Community members (but not
members in their capacities as allottees), and the
United States on behalf of the Community and Community
members (but not members in their capacities as
allottees), are authorized, as part of the performance
of obligations under the UVD agreement, to execute a
waiver and release of the following claims against the
UV signatories and the UV Non-signatories (and the
predecessors in interest of each) for--
(i)(I) past, present, and future claims for
water rights for land within the exterior
boundaries of the Reservation and the San Carlos
Irrigation Project arising from time immemorial
and, thereafter, forever; and
(II) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on aboriginal
occupancy of land by the Community, Community
members, or predecessors of the Community or
Community members;
(ii)(I) past, present, and future claims for
injuries to water rights for land within the
exterior boundaries of the Reservation or the San
Carlos Irrigation Project arising from time
immemorial and, thereafter, forever;
(II) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever, that are
based on aboriginal occupancy of land by the
Community, Community members, or predecessors of
Community members, for so long as and to the
extent that any individual beneficiary of such
waiver is acting in a manner that is consistent
with and not in violation of or contrary to the
terms, conditions, requirements, limitations, or
other provisions of the UVD agreement;
(III) claims for injury to water rights
arising after the enforceability date for land
within the exterior boundaries of the Reservation
and the San Carlos Irrigation Project, resulting
from the diversion, pumping, or use of water in a
manner that is consistent with and not in
violation of or contrary to the terms, conditions,
limitations, requirements, or provisions of the
UVD agreement; and
(IV) claims for injury to water rights arising
after the enforceability date for water rights
transferred to the Project pursuant to section 211
resulting from the diversion, pumping or use of
water in a manner that is consistent with and not
in violation of or contrary to the terms,
conditions, limitations, requirements, or
provisions of the UVD agreement;
(iii)(I) past, present, and future claims for
injuries to water rights arising out of or
relating to the use of water rights appurtenant to
New Mexico 381 acres,
[[Page 118 STAT. 3517]]
on the conditions that such water rights remain
subject to the oversight and reporting
requirements set forth in the decree in Arizona v.
California, 376 U.S. 340 (1964), and that the
State of New Mexico shall make available on
request a copy of any records prepared pursuant to
that decree; and
(II) past, present, and future claims arising
out of and relating to the use of water rights for
New Mexico domestic purposes, on the conditions
that such water rights remain subject to the
oversight and reporting requirements set forth in
the decree in Arizona v. California, 376 U.S. 340
(1964), and that the State of New Mexico shall
make available on request a copy of any records
prepared pursuant to that decree; and
(iv) past, present, and future claims arising
out of or relating to the negotiation or execution
of the UVD agreement, or the negotiation or
enactment of titles I and II.
(B) By the united states on behalf of allottees.--
Except as provided in the UVD agreement, to the extent
consistent with this section, the United States as
trustee for the allottees, as part of the performance
under the UVD agreement, is authorized to execute a
waiver and release of the following claims under
Federal, State, or other law against the UV signatories
and the UV Non-signatories (and the predecessors in
interest of each) for--
(i)(I) past, present, and future claims for
water rights for land within the exterior
boundaries of the Reservation arising from time
immemorial, and thereafter, forever; and
(II) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on aboriginal
occupancy of lands by allottees or their
predecessors;
(ii)(I) past and present claims for injury to
water rights for lands within the exterior
boundaries of the Reservation arising from time
immemorial, through the enforceability date, for
so long as and to the extent that any individual
beneficiary of such waiver is acting in a manner
that is consistent with and not in violation of or
contrary to the terms, conditions, requirements,
limitations, or other provisions of the UVD
agreement;
(II) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever, that are
based on aboriginal occupancy of lands by
allottees or their predecessors, for so long as
and to the extent that any individual beneficiary
of such waiver is acting in a manner that is
consistent with and not in violation of or
contrary to the terms, conditions, requirements,
limitations, or other provisions of the UVD
agreement; and
(III) claims for injury to water rights for
land within the exterior boundaries of the
Reservation arising after the enforceability date
resulting from the diversion, pumping, or use of
water in a manner that is consistent with and not
in violation of or contrary
[[Page 118 STAT. 3518]]
to the terms, conditions, limitations,
requirements, or provisions of the UVD agreement;
(iii)(I) <<NOTE: Records.>> past, present, and
future claims for injuries to water rights arising
out of or relating to the use of water rights
appurtenant to New Mexico 381 acres, on the
conditions that such water rights remain subject
to the oversight and reporting requirements set
forth in the decree in Arizona v. California, 376
U.S. 340 (1964), as supplemented, and that the
State of New Mexico shall make available on
request a copy of any records prepared pursuant to
that decree; and
(II) past, present, and future claims arising
out of or relating to the use of water rights for
New Mexico domestic purposes, on the conditions
that such water rights remain subject to the
oversight and reporting requirements set forth in
the decree in Arizona v. California, 376 U.S. 340
(1964), as supplemented, and that the State of New
Mexico shall make available on request a copy of
any records prepared pursuant to that decree; and
(iv) past, present, and future claims arising
out of or relating to the negotiation or execution
of the UVD agreement, or the negotiation or
enactment of titles I and II.
(C) Additional waiver of certain claims by the
united states.--Except as provided in the UVD Agreement,
the United States (to the extent the waiver and release
authorized by this subparagraph is not duplicative of
the waiver and release provided in subparagraph (B) and
to the extent the United States holds legal title to
(but not the beneficial interest in) the water rights as
described in article V or VI of the Globe Equity Decree
(but not on behalf of the San Carlos Apache Tribe
pursuant to article VI(2) of the Globe Equity Decree) on
behalf of lands within the San Carlos Irrigation and
Drainage District and the Miscellaneous Flow Lands)
shall execute a waiver and release of the following
claims under Federal, State or other law against the UV
signatories and the UV Non-signatories (and the
predecessors of each) for--
(i) past, present, and future claims for water
rights for land within the San Carlos Irrigation
and Drainage District and the Miscellaneous Flow
Lands arising from time immemorial, and
thereafter, forever;
(ii)(I) past and present claims for injury to
water rights for land within the San Carlos
Irrigation and Drainage District and the
Miscellaneous Flow Lands arising from time
immemorial through the enforceability date, for so
long as and to the extent that any individual
beneficiary of such waiver is acting in a manner
that is consistent with and not in violation of or
contrary to the terms, conditions, requirements,
limitations, or other provisions of the UVD
agreement;
(II) claims for injury to water rights arising
after the enforceability date for land within the
San Carlos Irrigation and Drainage District and
the Miscellaneous Flow Lands resulting from the
diversion, pumping, or use of water in a manner
that is consistent with
[[Page 118 STAT. 3519]]
and not in violation of or contrary to the terms,
conditions, limitations, requirements, or
provisions of the UVD agreement;
(iii)(I) <<NOTE: Records.>> past, present, and
future claims for injuries to water rights arising
out of or relating to the use of water rights
appurtenant to New Mexico 381 acres, on the
conditions that such water rights remain subject
to the oversight and reporting requirements set
forth in the decree in Arizona v. California, 376
U.S. 340 (1964), as supplemented, and that the
State of New Mexico shall make available on
request a copy of any records prepared pursuant to
that decree; and
(II) past, present, and future claims arising
out of or relating to the use of water rights for
New Mexico domestic purposes, on the conditions
that such water rights remain subject to the
oversight and reporting requirements set forth in
the decree in Arizona v. California, 376 U.S. 340
(1964), as supplemented, and that the State of New
Mexico shall make available on request a copy of
any records prepared pursuant to that decree; and
(iv) past, present, and future claims arising
out of or relating to the negotiation or execution
of the UVD agreement, or the negotiation or
enactment of titles I and II.
(6) Tribal water quality standards.--The Community, on
behalf of the Community and Community members, as part of the
performance of its obligations under the Gila River agreement,
is authorized to agree never to adopt any water quality
standards, or ask the United States to promulgate such
standards, that are more stringent than water quality standards
adopted by the State if the Community's adoption of such
standards could result in the imposition by the State or the
United States of more stringent water quality limitations or
requirements than those that would otherwise be imposed by the
State or the United States on--
(A) any water delivery system used to deliver water
to the Community; or
(B) the discharge of water into any such system.
(b) Effectiveness of Waiver and Releases.--
(1) <<NOTE: Effective date.>> In general.--The waivers under
paragraphs (1) and (3) through (5) of subsection (a) shall
become effective on the enforceability date.
(2) Claims for subsidence damage.--The waiver under
subsection (a)(2) shall become effective on execution of the
waiver by--
(A) the Community, a Community member, or an
allottee; and
(B) the United States, on behalf of the Community, a
Community member, or an allottee.
(c) Enforceability Date.--
(1) <<NOTE: Effective date. Federal Register,
publication.>> In general.--This section takes effect on the
date on which the Secretary publishes in the Federal Register a
statement of findings that--
(A) to the extent the Gila River agreement conflicts
with this title, the Gila River agreement has been
revised through an amendment to eliminate the conflict
and the
[[Page 118 STAT. 3520]]
Gila River agreement, so revised, has been executed by
the Secretary and the Governor of the State;
(B) the Secretary has fulfilled the requirements
of--
(i) paragraphs (1)(A)(i) and (2) of subsection
(a) and subsections (b) and (d) of section 104;
and
(ii) sections 204, 205, and 209(a);
(C) the master agreement authorized, ratified, and
confirmed by section 106(a) has been executed by the
parties to the master agreement, and all conditions to
the enforceability of the master agreement have been
satisfied;
(D) $53,000,000 has been identified and retained in
the Lower Colorado River Basin Development Fund for the
benefit of the Community in accordance with section
107(b);
(E) the State has appropriated and paid to the
Community any amount to be paid under paragraph 27.4 of
the Gila River agreement;
(F) the Salt River Project has paid to the Community
$500,000 under subparagraph 16.9 of the Gila River
agreement;
(G) the judgments and decrees attached to the Gila
River agreement as exhibits 25.18A (Gila River
adjudication proceedings) and 25.18B (Globe Equity
Decree proceedings) have been approved by the respective
courts;
(H) the dismissals attached to the Gila River
agreement as exhibits 25.17.1A and B, 25.17.2, and
25.17.3A and B have been filed with the respective
courts and any necessary dismissal orders entered;
(I) legislation has been enacted by the State to--
(i) implement the Southside Replenishment
Program in accordance with subparagraph 5.3 of the
Gila River agreement;
(ii) authorize the firming program required by
section 105; and
(iii) establish the Upper Gila River Watershed
Maintenance Program in accordance with
subparagraph 26.8.1 of the Gila River agreement;
(J) the State has entered into an agreement with the
Secretary to carry out the obligation of the State under
section 105(b)(2)(A); and
(K) a final judgment has been entered in Central
Arizona Water Conservation District v. United States
(No. CIV 95-625-TUC-WDB(EHC), No. CIV 95-1720PHX-EHC)
(Consolidated Action) in accordance with the repayment
stipulation.
(2) Failure of enforceability date to occur.--If, because of
the failure of the enforceability date to occur by December 31,
2007, this section does not become effective, the Community,
Community members, and allottees, and the United States on
behalf of the San Carlos Irrigation and Drainage District, the
Community, Community members, and allottees, shall retain the
right to assert past, present, and future water rights claims,
claims for injury to water rights, claims for injury to water
quality, and claims for subsidence damage as to all land within
the exterior boundaries of the Reservation, off-Reservation
trust land, and fee land.
[[Page 118 STAT. 3521]]
(d) All Land Within Exterior Boundaries of the Reservation.--
Notwithstanding section 2(42), for purposes of this section, section
206, and section 210(d)--
(1) the term ``land within the exterior boundaries of the
Reservation'' includes--
(A) land within the Reservation created pursuant to
the Act of February 28, 1859, and modified by the
executive orders of August 31, 1876, June 14, 1879, May
5, 1882, November 15, 1883, July 31, 1911, June 2, 1913,
August 27, 1914, and July 19, 1915; and
(B) land located in sections 16 and 36, T. 4 S., R.
4 E., Salt and Gila River Baseline and Meridian; and
(2) the term ``off-Reservation'' refers to land located
outside the exterior boundaries of the Reservation (as defined
in paragraph (1)).
(e) No Rights to Water.--Upon the occurrence of the enforceability
date--
(1) all land held by the United States in trust for the
Community, Community members, and allottees and all land held by
the Community within the exterior boundaries of the Reservation
shall have no rights to water other than those specifically
granted to the Community and the United States for the
Reservation pursuant to paragraph 4.0 of the Gila River
agreement; and
(2) all water usage on land within the exterior boundaries
of the Reservation, including the land located in sections 16
and 36, T. 4 S., R. 4 E., Salt and Gila River Baseline and
Meridian, upon acquisition by the Community or the United States
on behalf of the Community, shall be taken into account in
determining compliance by the Community and the United States
with the limitations on total diversions specified in
subparagraph 4.2 of the Gila River agreement.
SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Gila River Indian Community
Water OM&R Fund'', to be managed and invested by the Secretary,
consisting of $53,000,000, the amount made available for this purpose
under paragraph (2)(B) of section 403(f) of the Colorado River Basin
Project Act (43 U.S.C. 1543(f)) (as amended by section 107(a)).
(b) Management.--The Secretary shall manage the Water OM&R Fund,
make investments from the Fund, and make monies available from the Fund
for distribution to the Community consistent with the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.),
hereafter referred to in this section as the ``Trust Fund Reform Act''.
(c) Investment of the Fund.--The Secretary shall invest amounts in
the Fund in accordance with--
(1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25
U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, chapter 648; 25 U.S.C. 162a); and
(3) subsection (b).
(d) Expenditures and Withdrawals.--
(1) Tribal management plan.--
[[Page 118 STAT. 3522]]
(A) In general.--The Community may withdraw all or
part of the Water OM&R Fund on approval by the Secretary
of a tribal management plan as described in the Trust
Fund Reform Act.
(B) Requirements.--In addition to the requirements
under the Trust Fund Reform Act, the tribal management
plan shall require that the Community only spend any
funds, as provided in the Gila River agreement, to
assist in paying operation, maintenance, and replacement
costs associated with the delivery of CAP water for
Community purposes.
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that the monies withdrawn from the
Water OM&R Fund are used in accordance with this Act.
(3) Liability.--If the Community exercises the right to
withdraw monies from the Water OM&R Fund, neither the Secretary
nor the Secretary of the Treasury shall retain any liability for
the expenditure or investment of the monies withdrawn.
(4) Expenditure plan.--
(A) In general.--The Community shall submit to the
Secretary for approval an expenditure plan for any
portion of the funds made available under this section
that the Community does not withdraw under this
subsection.
(B) Description.--The expenditure plan shall
describe the manner in which, and the purposes for
which, funds of the Community remaining in the Water
OM&R Fund will be used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is
reasonable and consistent with this Act.
(5) Annual report.--The Community shall submit to the
Secretary an annual report that describes all expenditures from
the Water OM&R Fund during the year covered by the report.
(e) No Distribution to Members.--No part of the principal of the
Water OM&R Fund, or of the interest or income accruing on the principal,
shall be distributed to any Community member on a per capita basis.
(f) Funds Not Available Until Enforceability Date.--Amounts in the
Water OM&R Fund shall not be available for expenditure or withdrawal by
the Community until the enforceability date, or until January 1, 2010,
whichever is later.
SEC. 209. SUBSIDENCE REMEDIATION PROGRAM.
(a) In General.--Subject to the availability of funds and consistent
with the provisions of section 107(a), the Secretary shall establish a
program under which the Bureau of Reclamation shall repair and remediate
subsidence damage and related damage that occurs after the
enforceability date.
(b) Damage.--Under the program, the Community, a Community member,
or an allottee may submit to the Secretary a request for the repair or
remediation of--
(1) subsidence damage; and
(2) damage to personal property caused by the settling of
geologic strata or cracking in the earth's surface of any
[[Page 118 STAT. 3523]]
length or depth, which settling or cracking is caused by pumping
of underground water.
(c) Repair or Remediation.--The Secretary shall perform the
requested repair or remediation if--
(1) the Secretary determines that the Community has not
exceeded its right to withdraw underground water under the Gila
River agreement; and
(2) the Community, Community member, or allottee, and the
Secretary as trustee for the Community, Community member, or
allottee, execute a waiver and release of claim in the form
specified in exhibit 25.9.1, 25.9.2, or 25.9.3 to the Gila River
agreement, as applicable, to become effective on satisfactory
completion of the requested repair or remediation, as determined
under the Gila River agreement.
(d) Specific Subsidence Damage.--Subject to the availability of
funds, the Secretary, acting through the Commissioner of Reclamation,
shall repair, remediate, and rehabilitate the subsidence damage that has
occurred to land before the enforceability date within the Reservation,
as specified in exhibit 30.21 to the Gila River agreement.
SEC. 210. AFTER-ACQUIRED TRUST LAND.
(a) Requirement of Act of Congress.--The Community may seek to have
legal title to additional land in the State located outside the exterior
boundaries of the Reservation taken into trust by the United States for
the benefit of the Community pursuant only to an Act of Congress enacted
after the date of enactment of this Act specifically authorizing the
transfer for the benefit of the Community.
(b) Water Rights.--After-acquired trust land shall not include
federally reserved rights to surface water or groundwater.
(c) Sense of Congress.--It is the sense of Congress that future Acts
of Congress authorizing land to be taken into trust under subsection (a)
should provide that such land will have only such water rights and water
use privileges as would be consistent with State water law and State
water management policy.
(d) Acceptance of Land in Trust Status.--
(1) In general.--If the Community acquires legal fee title
to land that is located within the exterior boundaries of the
Reservation (as defined in section 207(d)), the Secretary shall
accept the land in trust status for the benefit of the Community
upon receipt by the Secretary of a submission from the Community
that provides evidence that--
(A) the land meets the Department of the Interior's
minimum environmental standards and requirements for
real estate acquisitions set forth in 602 DM 2.6, or any
similar successor standards or requirements for real
estate acquisitions in effect on the date of the
Community's submission; and
(B) the title to the land meets applicable Federal
title standards in effect on the date of the Community's
submission.
(2) Reservation status.--Land taken or held in trust by the
Secretary under paragraph (1) shall be deemed part of the
Community's reservation.
SEC. 211. REDUCTION OF WATER RIGHTS.
(a) Reduction of TBI Eligible Acres.--
[[Page 118 STAT. 3524]]
(1) In general.--Consistent with this title and as provided
in the UVD agreement to assist in reducing the total water
demand for irrigation use in the upper valley of the Gila River,
the Secretary shall provide funds to the Gila Valley Irrigation
District and the Franklin Irrigation District (hereafter in this
section referred to as ``the Districts'') for the acquisition of
UV decreed water rights and the extinguishment of those rights
to decrease demands on the Gila River, or severance and transfer
of those rights to the San Carlos Irrigation Project for the
benefit of the Community and the San Carlos Irrigation and
Drainage District in accordance with applicable law.
(2) <<NOTE: Deadlines.>> Acquisitions.--
(A) Required phase i acquisition.--Not later than
December 31 of the third calendar year that begins after
the enforceability date (or December 31 of the first
calendar year that begins after the payment provided by
subparagraph (D)(iii), if later), the Districts shall
acquire the UV decreed water rights appurtenant to 1,000
acres of land (other than special hot lands).
(B) Required phase ii acquisition.--Not later than
December 31 of the sixth calendar year that begins after
the enforceability date (or December 31 of the first
calendar year that begins after the payment provided by
subparagraph (D)(iii), if later), the Districts shall
acquire the UV decreed water rights appurtenant to 1,000
acres of land (other than special hot lands). The
reduction of TBI eligible acres under this subparagraph
shall be in addition to that accomplished under
subparagraph (A).
(C) Additional acquisition in case of settlement.--
If the San Carlos Apache Tribe reaches a comprehensive
settlement that is approved by Congress and finally
approved by all courts the approval of which is
required, the Secretary shall offer to acquire for fair
market value the UV decreed water rights associated with
not less than 500 nor more than 3,000 TBI eligible acres
of land (other than special hot lands).
(D) Methods of acquisition for rights acquired
pursuant to subparagraphs (a) and (b).--
(i) Determination of value.--
(I) Appraisals.--Not later than
December 31 of the first calendar year
that begins after the enforceability
date in the case of the phase I
acquisition, and not later than December
31 of the fourth calendar year that
begins after the enforceability date in
the case of the phase II acquisition,
the Districts shall submit to the
Secretary an appraisal of the average
value of water rights appurtenant to
1,000 TBI eligible acres.
(II) <<NOTE: Notification.>> Review.--The
Secretary shall review the appraisal
submitted to ensure its consistency with
the Uniform Appraisal Standards for
Federal Land Acquisition and notify the
Districts of the results of the review
within 30 days of submission of the
appraisal. In the event that the
Secretary finds that the appraisal is
not consistent with such standards, the
Secretary shall so notify the Districts
with a full explanation of the reasons
for
[[Page 118 STAT. 3525]]
that finding. Within 60 days of being
notified by the Secretary that the
appraisal is not consistent with such
Standards, the Districts shall resubmit
an appraisal to the Secretary that is
consistent with such
standards. <<NOTE: Notification.>> The
Secretary shall review the resubmitted
appraisal to ensure its consistency with
nationally approved standards and notify
the Districts of the results of the
review within 30 days of resubmission.
(III) Petition.--In the event that
the Secretary finds that such
resubmitted appraisal is not consistent
with those Standards, either the
Districts or the Secretary may petition
a Federal court in the District of
Arizona for a determination of whether
the appraisal is consistent with
nationally approved Standards. If such
court finds the appraisal is so
consistent, the value stated in the
appraisal shall be final for all
purposes. If such court finds the
appraisal is not so consistent, the
court shall determine the average value
of water rights appurtenant to 1,000 TBI
eligible acres.
(IV) No objection.--If the Secretary
does not object to an appraisal within
the time periods provided in this clause
(i), the value determined in the
appraisal shall be final for all
purposes.
(ii) Appraisal.--In determining the value of
water rights pursuant to this paragraph, any
court, the Districts, the Secretary, and any
appraiser shall take into account the obligations
the owner of the land (to which the rights are
appurtenant) will have after acquisition for
phreatophyle control as provided in the UVD
agreement and to comply with environmental laws
because of the acquisition and severance and
transfer or extinguishment of the water rights.
(iii) Payment.--No more than 30 days after the
average value of water rights appurtenant to 1,000
acres of land has been determined in accordance
with clauses (i) and (ii), the Secretary shall pay
125 percent of such values to the Districts.
(iv) Reduction of acreage.--No later than
December 31 of the first calendar year that begins
after each such payment, the Districts shall
acquire the UV decreed water rights appurtenant to
one thousand (1,000) acres of lands that would
have been included in the calculation of TBI
eligible acres (other than special hot lands), if
the calculation of TBI eligible acres had been
undertaken at the time of acquisition. To the
extent possible, the Districts shall select the
rights to be acquired in compliance with
subsection 5.3.7 of the UVD agreement.
(3) Reduction of tbi eligible acres.--Simultaneously with
the acquisition of UV decreed water rights under paragraph (2),
the number of TBI eligible acres, but not the number of acres of
UV subjugated land, shall be reduced by the number of acres
associated with those UV decreed water rights.
(4) Alternatives to acquisition.--
[[Page 118 STAT. 3526]]
(A) Special hot lands.--After the payments provided
by paragraph (2)(D)(iii), the Districts may fulfill the
requirements of paragraphs (2) and (3) in full or in
part, by entering into an agreement with an owner of
special hot lands to prohibit permanently future
irrigation of the special hot lands if the UVD settling
parties simultaneously--
(i) acquire UV decreed water rights associated
with a like number of UV decreed acres that are
not TBI eligible acres; and
(ii) sever and transfer those rights to the
San Carlos Irrigation Project for the benefit of
the Community and the San Carlos Irrigation and
Drainage District.
(B) Fallowing agreement.--After the payment provided
by paragraph (2)(D)(iii), the Districts may fulfill the
requirements of paragraphs (2) and (3) in full or in
part, by entering into an agreement with 1 or more
owners of UV decreed acres and the UV irrigation
district in which the acres are located, if any, under
which--
(i) the number of TBI eligible acres is
reduced; but
(ii) the owner of the UV decreed acres subject
to the reduction is permitted to periodically
irrigate the UV decreed acres under a fallowing
agreement authorized under the UVD agreement.
(5) Disposition of acquired water rights.--
(A) In general.--Of the UV decreed water rights
acquired by the Districts pursuant to subparagraphs (A)
and (B) of paragraph (2), the Districts shall, in
accordance with all applicable law and the UVD
agreement--
(i) sever, and transfer to the San Carlos
Irrigation Project for the benefit of the
Community and the San Carlos Irrigation and
Drainage District, the UV decreed water rights
associated with up to 900 UV decreed acres; and
(ii) extinguish the balance of the UV decreed
water rights so acquired (except and only to the
extent that those rights are associated with a
fallowing agreement authorized under paragraph
(4)(B)).
(B) San carlos apache settlement.--With respect to
water rights acquired by the Secretary pursuant to
paragraph (2)(C), the Secretary shall, in accordance
with applicable law--
(i) cause to be severed and transferred to the
San Carlos Irrigation Project, for the benefit of
the Community and the San Carlos Irrigation and
Drainage District, the UV decreed water rights
associated with 200 UV decreed acres;
(ii) cause to be extinguished the UV decreed
water rights associated with 300 UV decreed acres;
and
(iii) cause to be transferred the balance of
those acquired water rights to the San Carlos
Apache Tribe pursuant to the terms of the
settlement described in paragraph (2)(C).
(6) Mitigation.--To the extent the Districts, after the
payments provided by paragraph (2)(D)(iii), do not comply with
[[Page 118 STAT. 3527]]
the acquisition requirements of paragraph (2) or otherwise
comply with the alternatives to acquisition provided by
paragraph (4), the Districts shall provide mitigation to the San
Carlos Irrigation Project as provided by the UVD agreement.
(b) Additional Reductions.--
(1) Cooperative program.--In addition to the reduction of
TBI eligible acres to be accomplished under subsection (a), not
later than 1 year after the enforceability date, the Secretary
and the UVD settling parties shall cooperatively establish a
program to purchase and extinguish UV decreed water rights
associated with UV decreed acres that have not been recently
irrigated.
(2) Focus.--The primary focus of the program under paragraph
(1) shall be to prevent any land that contains riparian habitat
from being reclaimed for irrigation.
(3) Funds and resources.--The program under this subsection
shall not require any expenditure of funds, or commitment of
resources, by the UVD signatories other than such incidental
expenditures of funds and commitments of resources as are
required to cooperatively participate in the program.
SEC. 212. NEW MEXICO UNIT OF THE CENTRAL ARIZONA PROJECT.
(a) Required Approvals.--The Secretary shall not execute the Gila
River agreement pursuant to section 203(b), and the agreement shall not
become effective, unless and until the New Mexico Consumptive Use and
Forbearance Agreement has been executed by all signatory parties and
approved by the State of New Mexico.
(b) New Mexico Consumptive Use and Forbearance Agreement.--
(1) In general.--Except to the extent a provision of the New
Mexico Consumptive Use and Forbearance Agreement conflicts with
a provision of this title, the New Mexico Consumptive Use and
Forbearance Agreement is authorized, ratified, and confirmed. To
the extent amendments are executed to make the New Mexico
Consumptive Use and Forbearance Agreement consistent with this
title, such amendments are also authorized, ratified, and
confirmed.
(2) Execution.--To the extent the New Mexico Consumptive Use
and Forbearance Agreement does not conflict with this title, the
Secretary shall execute the New Mexico Consumptive Use and
Forbearance Agreement, including all exhibits to which the
Secretary is a party to the New Mexico Consumptive Use and
Forbearance Agreement and any amendments to the New Mexico
Consumptive Use and Forbearance necessary to make it consistent
with this title.
(c) <<NOTE: Deadlines. Notice.>> New Mexico Unit Agreement.--The
Secretary is authorized to execute the New Mexico Unit Agreement, which
agreement shall be executed within 1 year of receipt by the Secretary of
written notice from the State of New Mexico that the State of New Mexico
intends to build the New Mexico Unit, which notice must be received not
later than December 31, 2014. The New Mexico Unit Agreement shall, among
other things, provide that--
(1) all funds from the Lower Colorado River Basin
Development Fund disbursed in accordance with section
403(f)(2)(D) (i) and (ii) of the Colorado River Basin Project
Act (as amended by section 107(a)) shall be nonreimbursable (and
such costs
[[Page 118 STAT. 3528]]
shall be excluded from the repayment obligation, if any, of the
NM CAP entity under the New Mexico Unit Agreement);
(2) in determining payment for CAP water under the New
Mexico Unit Agreement, the NM CAP entity shall be responsible
only for its share of operations, maintenance, and replacement
costs (and no capital costs attendant to other units or portions
of the Central Arizona Project shall be charged to the NM CAP
entity);
(3) upon request by the NM CAP entity, the Secretary shall
transfer to the NM CAP entity the responsibility to design,
build, or operate and maintain the New Mexico Unit, or all or
any combination of those responsibilities, provided that the
Secretary shall not transfer the authority to divert water
pursuant to the New Mexico Consumptive Use and Forbearance
Agreement, provided further that the Secretary, shall remain
responsible to the parties to the New Mexico Consumptive Use and
Forbearance Agreement for the NM CAP entity's compliance with
the terms and conditions of that agreement;
(4) the Secretary shall divert water and otherwise exercise
her rights and authorities pursuant to the New Mexico
Consumptive Use and Forbearance Agreement solely for the benefit
of the NM CAP entity and for no other purpose;
(5) the NM CAP entity shall own and hold title to all
portions of the New Mexico Unit constructed pursuant to the New
Mexico Unit Agreement; and
(6) the Secretary shall provide a waiver of sovereign
immunity for the sole and exclusive purpose of resolving a
dispute in Federal court of any claim, dispute, or disagreement
arising under the New Mexico Unit Agreement.
(d) Amendment to Section 304.--Section 304(f) of the Colorado River
Basin Project Act (43 U.S.C. 1524(f)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) <<NOTE: Contracts.>> In the operation of the Central
Arizona Project, the Secretary shall offer to contract with
water users in the State of New Mexico, with the approval of its
Interstate Stream Commission, or with the State of New Mexico,
through its Interstate Stream Commission, for water from the
Gila River, its tributaries and underground water sources in
amounts that will permit consumptive use of water in New Mexico
of not to exceed an annual average in any period of 10
consecutive years of 14,000 acre-feet, including reservoir
evaporation, over and above the consumptive uses provided for by
article IV of the decree of the Supreme Court of the United
States in Arizona v. California (376 U.S. 340). Such increased
consumptive uses shall continue only so long as delivery of
Colorado River water to downstream Gila River users in Arizona
is being accomplished in accordance with this Act, in quantities
sufficient to replace any diminution of their supply resulting
from such diversion from the Gila River, its tributaries and
underground water sources. In determining the amount required
for this purpose, full consideration shall be given to any
differences in the quality of the water involved.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(e) Cost Limitation.--In determining payment for CAP water under the
New Mexico Consumptive Use and Forbearance Agreement, the NM CAP entity
shall be responsible only for its share
[[Page 118 STAT. 3529]]
of operations, maintenance, and repair costs. No capital costs attendant
to other Units or portions of the Central Arizona Project shall be
charged to the NM CAP entity.
(f) Exclusion of Costs.--For the purpose of determining the
allocation and repayment of costs of the Central Arizona Project under
the CAP Repayment Contract, the costs associated with the New Mexico
Unit and the delivery of Central Arizona Project water pursuant to the
New Mexico Consumptive Use and Forbearance Agreement shall be
nonreimbursable, and such costs shall be excluded from the Central
Arizona Water Conservation District's repayment obligation.
(g) New Mexico Unit Construction and Operations.--The Secretary is
authorized to design, build, and operate and maintain the New Mexico
Unit. Upon request by the State of New Mexico, the Secretary shall
transfer to the NM CAP entity responsibility to design, build, or
operate and maintain the New Mexico Unit, or all or any combination of
those functions.
(h) National Environmental Policy Act.--
(1) Environmental compliance.--Upon execution of the New
Mexico Consumptive Use and Forbearance Agreement and the New
Mexico Unit Agreement, the Secretary shall promptly comply with
all aspects of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), and all other applicable environmental
Acts and regulations.
(2) Execution of the new mexico consumptive use and
forbearance agreement and the new mexico unit agreement.--
Execution of the New Mexico Consumptive Use and Forbearance
Agreement and the New Mexico Unit Agreement by the Secretary
under this section shall not constitute a major Federal action
under the National Environmental Policy Act (42 U.S.C. 4321 et
seq.). The Secretary is directed to carry out all necessary
environmental compliance required by Federal law in implementing
the New Mexico Consumptive Use and Forbearance Agreement and the
New Mexico Unit Agreement.
(3) Lead agency.--The Bureau of Reclamation shall be
designated as the lead agency with respect to environmental
compliance. Upon request by the State of New Mexico to the
Secretary, the State of New Mexico shall be designated as joint
lead agency with respect to environmental compliance.
(i) New Mexico Unit Fund.--The Secretary shall deposit the amounts
made available under paragraph (2)(D)(i) of section 403(f) of the
Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by
section 107(a)) into the New Mexico Unit Fund, a State of New Mexico
Fund established and administered by the New Mexico Interstate Stream
Commission. Withdrawals from the New Mexico Unit Fund shall be for the
purpose of paying costs of the New Mexico Unit or other water
utilization alternatives to meet water supply demands in the Southwest
Water Planning Region of New Mexico, as determined by the New Mexico
Interstate Stream Commission in consultation with the Southwest New
Mexico Water Study Group or its successor, including costs associated
with planning and environmental compliance activities and environmental
mitigation and restoration.
(j) <<NOTE: Deadlines.>> Additional Funding for New Mexico Unit.--
The Secretary shall pay for an additional portion of the costs of
constructing the New Mexico Unit from funds made available under
paragraph
[[Page 118 STAT. 3530]]
(2)(D)(ii) of section 403(f) of the Colorado River Basin Project Act (43
U.S.C. 1543(f)) (as amended by section 107(a)) on a construction
schedule basis, up to a maximum amount under this subparagraph (j) of
$34,000,000, as adjusted to reflect changes since January 1, 2004, in
the construction cost indices applicable to the types of construction
involved in construction of the New Mexico Unit, upon satisfaction of
the conditions that--
(1) <<NOTE: Notices.>> the State of New Mexico must provide
notice to the Secretary in writing not later than December 31,
2014, that the State of New Mexico intends to have constructed
or developed the New Mexico Unit; and
(2) <<NOTE: Federal Register, publication.>> the Secretary
must have issued in the Federal Register not later than December
31, 2019, a Record of Decision approving the project based on an
environmental analysis required pursuant to applicable Federal
law and on a demonstration that construction of a project for
the New Mexico Unit that would deliver an average annual safe
yield, based on a 50-year planning period, greater than 10,000
acre feet per year, would not cost more per acre foot of water
diverted than a project sized to produce an average annual safe
yield of 10,000 acre feet per year. If New Mexico exercises all
reasonable efforts to obtain the issuance of such Record of
Decision, but the Secretary is not able to issue such Record of
Decision by December 31, 2019, for reasons outside the control
of the State of New Mexico, the Secretary may extend the
deadline for a reasonable period of time, not to extend beyond
December 31, 2030.
(k) Rate of Return Exceeding 4 Percent.--If the rate of return on
carryover funds held in the Lower Colorado Basin Development Fund on the
date that construction of the New Mexico Unit is initiated exceeds an
average effective annual rate of 4 percent for the period beginning on
the date of enactment of this Act through the date of initiation of
construction of the New Mexico Unit, the Secretary shall pay an
additional portion of the costs of the construction costs associated
with the New Mexico Unit, on a construction schedule basis, using funds
made available under paragraph (2)(D)(ii) of section 403(f) of the
Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by
section 107(a)). The amount of such additional payments shall be equal
to 25 percent of the total return on the carryover funds earned during
the period in question that is in excess of a return on such funds at an
annual average effective return of 4 percent, up to a maximum total of
not more than $28,000,000, as adjusted to reflect changes since January
1, 2004, in the construction cost indices applicable to the types of
construction involved in construction of the New Mexico Unit.
(l) Disclaimer.--Nothing in this Act shall affect, alter, or
diminish rights to use of water of the Gila River within New Mexico, or
the authority of the State of New Mexico to administer such rights for
use within the State, as such rights are quantified by article IV of the
decree of the United States Supreme Court in Arizona v. California (376
U.S. 340).
(m) Priority of Other Exchanges.--The Secretary shall not approve
any exchange of Gila River water for water supplied by the CAP that
would amend, alter, or conflict with the exchanges authorized by section
304(f) of the Colorado River Basin Project Act (43 U.S.C. 1524(f)).
[[Page 118 STAT. 3531]]
SEC. 213. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity.--If any party to the Gila River
agreement or signatory to an exhibit executed pursuant to section 203(b)
or to the New Mexico Consumptive Use and Forbearance Agreement brings an
action in any court of the United States or any State court relating
only and directly to the interpretation or enforcement of this title or
the Gila River agreement (including enforcement of any indemnity
provisions contained in the Gila River agreement) or the New Mexico
Consumptive Use and Forbearance Agreement, and names the United States
or the Community as a party, or if any other landowner or water user in
the Gila River basin in Arizona (except any party referred to in
subparagraph 28.1.4 of the Gila River agreement) files a lawsuit
relating only and directly to the interpretation or enforcement of
subparagraph 6.2, subparagraph 6.3, paragraph 25, subparagraph 26.2,
subparagraph 26.8, and subparagraph 28.1.3 of the Gila River agreement,
naming the United States or the Community as a party--
(1) the United States, the Community, or both, may be joined
in any such action; and
(2) any claim by the United States or the Community to
sovereign immunity from the action is waived, but only for the
limited and sole purpose of such interpretation or enforcement
(including any indemnity provisions contained in the Gila River
agreement).
(b) Effect of Act.--Nothing in this title quantifies or otherwise
affects the water rights, or claims or entitlements to water, of any
Indian tribe, band, or community, other than the Community.
(c) Limitation on Claims for Reimbursement.--The United States shall
not make a claim for reimbursement of costs arising out of the
implementation of this title or the Gila River agreement against any
Indian-owned land within the Reservation, and no assessment shall be
made in regard to those costs against that land.
(d) No Effect on Future Allocations.--Water received under a lease
or exchange of Community CAP water under this title shall not affect any
future allocation or reallocation of CAP water by the Secretary.
(e) Community Repayment Contract.--To the extent it is not in
conflict with this Act, the Secretary is directed to and shall execute
Amendment No. 1 to the Community repayment contract, attached as exhibit
8.1 to the Gila River agreement, to provide, among other things, that
the costs incurred under that contract shall be nonreimbursable by the
Community. To the extent amendments are executed to make Amendment No. 1
consistent with this title, such amendments are also authorized,
ratified, and confirmed.
(f) Salt River Project Rights and Contracts.--
(1) In general.--Subject to paragraph (2), the agreement
between the United States and the Salt River Valley Water Users'
Association dated September 6, 1917, as amended, and the rights
of the Salt River Project to store water from the Salt River and
Verde River at Roosevelt Dam, Horse Mesa Dam, Mormon Flat Dam,
Stewart Mountain Dam, Horseshoe Dam, and Bartlett Dam and to
deliver the stored water to shareholders of the Salt River
Project and others for all beneficial uses and purposes
recognized under State law and to
[[Page 118 STAT. 3532]]
the Community under the Gila River agreement, are authorized,
ratified, and confirmed.
(2) Priority date; quantification.--The priority date and
quantification of rights described in paragraph (1) shall be
determined in an appropriate proceeding in State court.
(3) Care, operation, and maintenance.--The Salt River
Project shall retain authority and responsibility existing on
the date of enactment of this Act for decisions relating to the
care, operation, and maintenance of the Salt River Project water
delivery system, including the Salt River Project reservoirs on
the Salt River and Verde River, vested in Salt River Project
under the 1917 agreement, as amended, described in paragraph
(1).
(g) UV Irrigation Districts.--
(1) In general.--As partial consideration for obligations
the UV irrigation districts shall be undertaking, the obligation
to comply with the terms and conditions of term 5 of exhibit
2.30 (New Mexico Risk Allocation Terms) to the New Mexico
Consumptive Use and Forbearance Agreement, the Gila Valley
Irrigation District, in 2010, shall receive funds from the
Secretary in an amount of $15,000,000 (adjusted to reflect
changes since the date of enactment of this Act in the cost
indices applicable to the type of design and construction
involved in the design and construction of a pipeline at or
upstream from the Ft. Thomas Diversion Dam to the lands farmed
by the San Carlos Apache Tribe, together with canal connections
upstream from the Ft. Thomas Diversion Dam and connection
devices appropriate to introduce pumped water into the
Pipeline).
(2) Restriction.--The funds to be received by the Gila
Valley Irrigation District shall be used solely for the purpose
of developing programs or constructing facilities to assist with
mitigating the risks and costs associated with compliance with
the terms and conditions of term 5 of exhibit 2.30 (New Mexico
Risk Allocation Terms) of the New Mexico Consumptive and
Forbearance Agreement, and for no other purpose.
(h) Limitation on Liability of United States.--
(1) In general.--The United States shall have no trust or
other obligation--
(A) to monitor, administer, or account for, in any
manner, any of the funds paid to the Community by any
party to the Gila River agreement; or
(B) to review or approve the expenditure of those
funds.
(2) Indemnification.--The Community shall indemnify the
United States, and hold the United States harmless, with respect
to any and all claims (including claims for takings or breach of
trust) arising out of the receipt or expenditure of funds
described in paragraph (1)(A).
(i) Blue Ridge Project Transfer Authorization.--
(1) Definitions.--In this subsection:
(A) Blue ridge project.--The term ``Blue Ridge
Project'' means the water storage reservoir known as
``Blue Ridge Reservoir'' situated in Coconino and Gila
Counties, Arizona, consisting generally of--
(i) Blue Ridge Dam and all pipelines, tunnels,
buildings, hydroelectric generating facilities,
and other structures of every kind, transmission,
telephone and
[[Page 118 STAT. 3533]]
fiber optic lines, pumps, machinery, tools, and
appliances; and
(ii) all real or personal property,
appurtenant to or used, or constructed or
otherwise acquired to be used, in connection with
Blue Ridge Reservoir.
(B) Salt river project agricultural improvement and
power district.--The term ``Salt River Project
Agricultural Improvement and Power District'' means the
Salt River Project Agricultural Improvement and Power
District, a political subdivision of the State of
Arizona.
(2) Transfer of title.--The United States, acting through
the Secretary of the Interior, shall accept from the Salt River
Project Agricultural Improvement and Power District the transfer
of title to the Blue Ridge Project. The transfer of title to the
Blue Ridge Project from the Salt River Project Agricultural
Improvement and Power District to the United States shall be
without cost to the United States. The transfer, change of use
or change of place of use of any water rights associated with
the Blue Ridge Project shall be made in accordance with Arizona
law.
(3) Use and benefit of salt river federal reclamation
project.--
(A) In general.--Subject to subparagraph (B), the
United States shall hold title to the Blue Ridge Project
for the exclusive use and benefit of the Salt River
Federal Reclamation Project.
(B) Availability of water.--Up to 3,500 acre-feet of
water per year may be made available from Blue Ridge
Reservoir for municipal and domestic uses in Northern
Gila County, Arizona, without cost to the Salt River
Federal Reclamation Project.
(4) Termination of jurisdiction.--
(A) Licensing and regulatory authority.--Upon the
transfer of title of the Blue Ridge Project to the
United States under paragraph (2), the Federal Energy
Regulatory Commission shall have no further licensing
and regulatory authority over Project Number 2304, the
Blue Ridge Project, located within the State.
(B) Environmental laws.--All other applicable
Federal environmental laws shall continue to apply to
the Blue Ridge Project, including the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(5) Care, operation, and maintenance.--Upon the transfer of
title of the Blue Ridge Project to the United States under
paragraph (2), the Salt River Valley Water Users' Association
and the Salt River Project Agricultural Improvement and Power
District shall be responsible for the care, operation, and
maintenance of the project pursuant to the contract between the
United States and the Salt River Valley Water Users'
Association, dated September 6, 1917, as amended.
(6) C.C. cragin dam & reservoir.--Upon the transfer of title
of the Blue Ridge Project to the United States under paragraph
(2), Blue Ridge Dam and Reservoir shall thereafter be known as
the ``C.C. Cragin Dam and Reservoir''.
[[Page 118 STAT. 3534]]
(j) Effect on Current Law; Jurisdiction of Courts.--Nothing in this
section--
(1) alters law in effect on the day before the date of
enactment of this Act with respect to pre-enforcement review of
Federal environmental enforcement actions; or
(2) confers jurisdiction on any State court to interpret
subparagraphs (D), (E), and (G) of section 207(a)(1) where such
jurisdiction does not otherwise exist.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Rehabilitation of irrigation works.--
(A) In general.--There is authorized to be
appropriated $52,396,000, adjusted to reflect changes
since January 1, 2000, under subparagraph (B) for the
rehabilitation of irrigation works under section
203(d)(4).
(B) Adjustment.--The amount under subparagraph (A)
shall be adjusted by such amounts, if any, as may be
required by reason of changes in construction costs as
indicated by engineering cost indices applicable to the
types of construction required by the rehabilitation.
(2) Bureau of reclamation construction oversight.--There are
authorized to be appropriated such sums as are necessary for the
Bureau of Reclamation to undertake the oversight of the
construction projects authorized under section 203.
(3) Subsidence remediation program.--There are authorized to
be appropriated such sums as are necessary to carry out the
subsidence remediation program under section 209 (including such
sums as are necessary, not to exceed $4,000,000, to carry out
the subsidence remediation and repair required under section
209(d)).
(4) Water rights reduction.--There are authorized to be
appropriated such sums as are necessary to carry out the water
rights reduction program under section 211.
(5) Safford facility.--There are authorized to be
appropriated such sums as are necessary to--
(A) retire $13,900,000, minus any amounts
appropriated for this purpose, of the debt incurred by
Safford to pay costs associated with the construction of
the Safford facility as identified in exhibit 26.1 to
the Gila River agreement; and
(B) pay the interest accrued on that amount.
(6) Environmental compliance.--There are authorized to be
appropriated--
(A) such sums as are necessary to carry out--
(i) all necessary environmental compliance
activities undertaken by the Secretary associated
with the Gila River agreement and this title;
(ii) any mitigation measures adopted by the
Secretary that are the responsibility of the
Community associated with the construction of the
diversion and delivery facilities of the water
referred to in section 204 for use on the
reservation; and
(iii) no more than 50 percent of the cost of
any mitigation measures adopted by the Secretary
that are the responsibility of the Community
associated
[[Page 118 STAT. 3535]]
with the diversion or delivery of the water
referred to in section 204 for use on the
Reservation, other than any responsibility related
to water delivered to any other person by lease or
exchange; and
(B) to carry out the mitigation measures in the
Roosevelt Habitat Conservation Plan, not more than
$10,000,000.
(7) UV irrigation districts.--There are authorized to be
appropriated such sums as are necessary to pay the Gila Valley
Irrigation District an amount of $15,000,000 (adjusted to
reflect changes since the date of enactment of the Arizona Water
Settlements Act of 2004 in the cost indices applicable to the
type of design and construction involved in the design and
construction of a pipeline at or upstream from the Ft. Thomas
Diversion Dam to the lands farmed by the San Carlos Apache
Tribe, together with canal connections upstream from the Ft.
Thomas Diversion Dam and connection devices appropriate to
introduce pumped water into the Pipeline).
(b) Identified Costs.--
(1) In general.--Amounts made available under subsection (a)
shall be considered to be identified costs for purposes of
paragraph (2)(D)(v)(I) of section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)) (as amended by section
107(a)).
(2) Exception.--Amounts made available under subsection
(a)(4) to carry out section 211(b) shall not be considered to be
identified costs for purposes of section 403(f)(2)(D)(v)(I) of
the Colorado River Basin Project Act (43 U.S.C.
1543(f)(2)(D)(v)(I)) (as amended by section 107(a)).
SEC. 215. REPEAL <<NOTE: 43 USC 1501 note.>> ON FAILURE OF
ENFORCEABILITY DATE.
If the Secretary does not publish a statement of findings under
section 207(c) by December 31, 2007--
(1) except for section 213(i), this title is repealed
effective January 1, 2008, and any action taken by the Secretary
and any contract entered under any provision of this title shall
be void;
(2) any amounts appropriated under paragraphs (1) through
(7) of section 214(a), together with any interest on those
amounts, shall immediately revert to the general fund of the
Treasury;
(3) any amounts made available under section 214(b) that
remain unexpended shall immediately revert to the general fund
of the Treasury; and
(4) any amounts paid by the Salt River Project in accordance
with the Gila River agreement shall immediately be returned to
the Salt River Project.
TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT.
The Southern Arizona Water Rights Settlement Act of 1982 (96 Stat.
1274) is amended to read as follows:
[[Page 118 STAT. 3536]]
``TITLE III--SOUTHERN <<NOTE: Southern Arizona Water Rights Settlement
Amendments Act of 2004.>> ARIZONA WATER RIGHTS SETTLEMENT
``SEC. 301. SHORT TITLE.
``This title may be cited as the `Southern Arizona Water Rights
Settlement Amendments Act of 2004'.
``SEC. 302. PURPOSES.
``The purposes of this title are--
``(1) to authorize, ratify, and confirm the agreements
referred to in section 309(h);
``(2) to authorize and direct the Secretary to execute and
perform all obligations of the Secretary under those agreements;
and
``(3) to authorize the actions and appropriations necessary
for the United States to meet obligations of the United States
under those agreements and this title.
``SEC. 303. DEFINITIONS.
``In this title:
``(1) Acre-foot.--The term `acre-foot' means the quantity of
water necessary to cover 1 acre of land to a depth of 1 foot.
``(2) After-acquired trust land.--The term `after-acquired
trust land' means land that--
``(A) is located--
``(i) within the State; but
``(ii) outside the exterior boundaries of the
Nation's Reservation; and
``(B) is taken into trust by the United States for
the benefit of the Nation after the enforceability date.
``(3) Agreement of december 11, 1980.--The term `agreement
of December 11, 1980' means the contract entered into by the
United States and the Nation on December 11, 1980.
``(4) Agreement of october 11, 1983.--The term `agreement of
October 11, 1983' means the contract entered into by the United
States and the Nation on October 11, 1983.
``(5) Allottee.--The term `allottee' means a person that
holds a beneficial real property interest in an Indian allotment
that is--
``(A) located within the Reservation; and
``(B) held in trust by the United States.
``(6) Allottee class.--The term `allottee class' means an
applicable plaintiff class certified by the court of
jurisdiction in--
``(A) the Alvarez case; or
``(B) the Tucson case.
``(7) Alvarez case.--The term `Alvarez case' means the first
through third causes of action of the third amended complaint in
Alvarez v. City of Tucson (Civ. No. 93-09039 TUC FRZ (D. Ariz.,
filed April 21, 1993)).
``(8) Applicable law.--The term `applicable law' means any
applicable Federal, State, tribal, or local law.
``(9) Asarco.--The term `Asarco' means Asarco Incorporated,
a New Jersey corporation of that name, and its subsidiaries
operating mining operations in the State.
[[Page 118 STAT. 3537]]
``(10) Asarco agreement.--The term `Asarco agreement' means
the agreement by that name attached to the Tohono O'odham
settlement agreement as exhibit 13.1.
``(11) CAP repayment contract.--
``(A) In general.--The term `CAP repayment contract'
means the contract dated December 1, 1988 (Contract No.
14-0906-09W-09245, Amendment No. 1) between the United
States and the Central Arizona Water Conservation
District for the delivery of water and the repayment of
costs of the Central Arizona Project.
``(B) Inclusions.--The term `CAP repayment contract'
includes all amendments to and revisions of that
contract.
``(12) Central arizona project.--The term `Central Arizona
Project' means the reclamation project authorized and
constructed by the United States in accordance with title III of
the Colorado River Basin Project Act (43 U.S.C. 1521 et seq.).
``(13) Central arizona project link pipeline.--The term
`Central Arizona Project link pipeline' means the pipeline
extending from the Tucson Aqueduct of the Central Arizona
Project to Station 293+36.
``(14) Central arizona project service area.--The term
`Central Arizona Project service area' means--
``(A) the geographical area comprised of Maricopa,
Pinal, and Pima Counties, Arizona, in which the Central
Arizona Water Conservation District delivers Central
Arizona Project water; and
``(B) any expansion of that area under applicable
law.
``(15) Central arizona water conservation district.--The
term `Central Arizona Water Conservation District' means the
political subdivision of the State that is the contractor under
the CAP repayment contract.
``(16) Cooperative farm.--The term `cooperative farm' means
the farm on land served by an irrigation system and the
extension of the irrigation system provided for under paragraphs
(1) and (2) of section 304(c).
``(17) Cooperative fund.--The term `cooperative fund' means
the cooperative fund established by section 313 of the 1982 Act
and reauthorized by section 310.
``(18) Delivery and distribution system.--
``(A) In general.--The term `delivery and
distribution system' means--
``(i) the Central Arizona Project aqueduct;
``(ii) the Central Arizona Project link
pipeline; and
``(iii) the pipelines, canals, aqueducts,
conduits, and other necessary facilities for the
delivery of water under the Central Arizona
Project.
``(B) Inclusions.--The term `delivery and
distribution system' includes pumping facilities, power
plants, and electric power transmission facilities
external to the boundaries of any farm to which the
water is distributed.
``(19) Eastern schuk toak district.--The term `eastern Schuk
Toak District' means the portion of the Schuk Toak District (1
of 11 political subdivisions of the Nation established under the
constitution of the Nation) that is located within the Tucson
management area.
[[Page 118 STAT. 3538]]
``(20) Enforceability date.--The term `enforceability date'
means the date on which title III of the Arizona Water
Settlements Act takes effect (as described in section 302(b) of
the Arizona Water Settlements Act).
``(21) Exempt well.--The term `exempt well' means a water
well--
``(A) the maximum pumping capacity of which is not
more than 35 gallons per minute; and
``(B) the water from which is used for--
``(i) the supply, service, or activities of
households or private residences;
``(ii) landscaping;
``(iii) livestock watering; or
``(iv) the irrigation of not more than 2 acres
of land for the production of 1 or more
agricultural or other commodities for--
``(I) sale;
``(II) human consumption; or
``(III) use as feed for livestock or
poultry.
``(22) Fee owner of allotted land.--The term `fee owner of
allotted land' means a person that holds fee simple title in
real property on the Reservation that, at any time before the
date on which the person acquired fee simple title, was held in
trust by the United States as an Indian allotment.
``(23) FICO.--The term `FICO' means collectively the Farmers
Investment Co., an Arizona corporation of that name, and the
Farmers Water Co., an Arizona corporation of that name.
``(24) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(25) Injury to water quality.--The term `injury to water
quality' means any contamination, diminution, or deprivation of
water quality under applicable law.
``(26) Injury to water rights.--
``(A) In general.--The term `injury to water rights'
means an interference with, diminution of, or
deprivation of water rights under applicable law.
``(B) Inclusion.--The term `injury to water rights'
includes a change in the underground water table and any
effect of such a change.
``(C) Exclusion.--The term `injury to water rights'
does not include subsidence damage or injury to water
quality.
``(27) Irrigation system.--
``(A) In general.--The term `irrigation system'
means canals, laterals, ditches, sprinklers, bubblers,
and other irrigation works used to distribute water
within the boundaries of a farm.
``(B) Inclusions.--The term `irrigation system',
with respect to the cooperative farm, includes
activities, procedures, works, and devices for--
``(i) rehabilitation of fields;
``(ii) remediation of sinkholes, sinks,
depressions, and fissures; and
``(iii) stabilization of the banks of the
Santa Cruz River.
[[Page 118 STAT. 3539]]
``(28) Lower colorado river basin development fund.--The
term `Lower Colorado River Basin Development Fund' means the
fund established by section 403 of the Colorado River Basin
Project Act (43 U.S.C. 1543).
``(29) M&I priority water.--The term `M&I priority water'
means Central Arizona Project water that has municipal and
industrial priority.
``(30) Nation.--The term `Nation' means the Tohono O'odham
Nation (formerly known as the Papago Tribe) organized under a
constitution approved in accordance with section 16 of the Act
of June 18, 1934 (25 U.S.C. 476).
``(31) Nation's reservation.--The term `Nation's
Reservation' means all land within the exterior boundaries of--
``(A) the Sells Tohono O'odham Reservation
established by the Executive order of February 1, 1917,
and the Act of February 21, 1931 (46 Stat. 1202, chapter
267);
``(B) the San Xavier Reservation established by the
Executive order of July 1, 1874;
``(C) the Gila Bend Indian Reservation established
by the Executive order of December 12, 1882, and
modified by the Executive order of June 17, 1909;
``(D) the Florence Village established by Public Law
95-361 (92 Stat. 595);
``(E) all land acquired in accordance with the Gila
Bend Indian Reservation Lands Replacement Act (100 Stat.
1798), if title to the land is held in trust by the
Secretary for the benefit of the Nation; and
``(F) all other land to which the United States
holds legal title in trust for the benefit of the Nation
and that is added to the Nation's Reservation or granted
reservation status in accordance with applicable Federal
law before the enforceability date.
``(32) Net irrigable acres.--The term `net irrigable acres'
means, with respect to a farm, the acreage of the farm that is
suitable for agriculture, as determined by the Nation and the
Secretary.
``(33) NIA priority water.--The term `NIA priority water'
means Central Arizona Project water that has non-Indian
agricultural priority.
``(34) San xavier allottees association.--The term `San
Xavier Allottees Association' means the nonprofit corporation
established under State law for the purpose of representing and
advocating the interests of allottees.
``(35) San xavier cooperative association.--The term `San
Xavier Cooperative Association' means the entity chartered under
the laws of the Nation (or a successor of that entity) that is a
lessee of land within the cooperative farm.
``(36) San xavier district.--The term `San Xavier District'
means the district of that name, 1 of 11 political subdivisions
of the Nation established under the constitution of the Nation.
``(37) San xavier district council.--The term `San Xavier
District Council' means the governing body of the San Xavier
District, as established under the constitution of the Nation.
``(38) San xavier reservation.--The term `San Xavier
Reservation' means the San Xavier Indian Reservation established
by the Executive order of July 1, 1874.
[[Page 118 STAT. 3540]]
``(39) Schuk toak farm.--The term `Schuk Toak Farm' means a
farm constructed in the eastern Schuk Toak District served by
the irrigation system provided for under section 304(c)(4).
``(40) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(41) State.--The term `State' means the State of Arizona.
``(42) Subjugate.--The term `subjugate' means to prepare
land for agricultural use through irrigation.
``(43) Subsidence damage.--The term `subsidence damage'
means injury to land, water, or other real property resulting
from the settling of geologic strata or cracking in the surface
of the earth of any length or depth, which settling or cracking
is caused by the pumping of water.
``(44) Surface water.--The term `surface water' means all
water that is appropriable under State law.
``(45) Tohono o'odham settlement agreement.--The term
`Tohono O'odham settlement agreement' means the agreement dated
April 30, 2003 (including all exhibits of and attachments to the
agreement).
``(46) Tucson case.--The term `Tucson case' means United
States et al. v. City of Tucson, et al. (Civ. No. 75-0939 TUC
consol. with Civ. No. 75-0951 TUC FRZ (D. Ariz., filed February
20, 1975)).
``(47) Tucson interim water lease.--The term `Tucson interim
water lease' means the lease, and any pre-2004 amendments and
extensions of the lease, approved by the Secretary, between the
city of Tucson, Arizona, and the Nation, dated October 24, 1992.
``(48) Tucson management area.--The term `Tucson management
area' means the area in the State comprised of--
``(A) the area--
``(i) designated as the Tucson Active
Management Area under the Arizona Groundwater
Management Act of 1980 (1980 Ariz. Sess. Laws 1);
and
``(ii) subsequently divided into the Tucson
Active Management Area and the Santa Cruz Active
Management Area (1994 Ariz. Sess. Laws 296); and
``(B) the portion of the Upper Santa Cruz Basin that
is not located within the area described in subparagraph
(A)(i).
``(49) Turnout.--The term `turnout' means a point of water
delivery on the Central Arizona Project aqueduct.
``(50) Underground storage.--The term `underground storage'
means storage of water accomplished under a project authorized
under section 308(e).
``(51) United states as trustee.--The term `United States as
Trustee' means the United States, acting on behalf of the Nation
and allottees, but in no other capacity.
``(52) Value.--The term `value' means the value attributed
to water based on the greater of--
``(A) the anticipated or actual use of the water; or
``(B) the fair market value of the water.
``(53) Water right.--The term `water right' means any right
in or to groundwater, surface water, or effluent under
applicable law.
[[Page 118 STAT. 3541]]
``(54) 1982 act.--The term `1982 Act' means the Southern
Arizona Water Rights Settlement Act of 1982 (96 Stat. 1274; 106
Stat. 3256), as in effect on the day before the enforceability
date.
``SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGATIONS.
``(a) Water Delivery.--The Secretary shall deliver annually from the
main project works of the Central Arizona Project, a total of 37,800
acre-feet of water suitable for agricultural use, of which--
``(1) 27,000 acre-feet shall--
``(A) be deliverable for use to the San Xavier
Reservation; or
``(B) otherwise be used in accordance with section
309; and
``(2) 10,800 acre-feet shall--
``(A) be deliverable for use to the eastern Schuk
Toak District; or
``(B) otherwise be used in accordance with section
309.
``(b) Delivery and Distribution Systems.--The Secretary shall
(without cost to the Nation, any allottee, the San Xavier Cooperative
Association, or the San Xavier Allottees Association), as part of the
main project works of the Central Arizona Project, design, construct,
operate, maintain, and replace the delivery and distribution systems
necessary to deliver the water described in subsection (a).
``(c) <<NOTE: Deadlines.>> Duties of the Secretary.--
``(1) Completion of delivery and distribution system and
improvement to existing irrigation system.--Except as provided
in subsection (d), not later than 8 years after the
enforceability date, the Secretary shall complete the design and
construction of improvements to the irrigation system that
serves the cooperative farm.
``(2) Extension of existing irrigation system within the san
xavier reservation.--
``(A) In general.--Except as provided in subsection
(d), not later than 8 years after the enforceability
date, in addition to the improvements described in
paragraph (1), the Secretary shall complete the design
and construction of the extension of the irrigation
system for the cooperative farm.
``(B) Capacity.--On completion of the extension, the
extended cooperative farm irrigation system shall serve
2,300 net irrigable acres on the San Xavier Reservation,
unless the Secretary and the San Xavier Cooperative
Association agree on fewer net irrigable acres.
``(3) Construction of new farm.--
``(A) In general.--Except as provided in subsection
(d), not later than 8 years after the enforceability
date, the Secretary shall--
``(i) design and construct within the San
Xavier Reservation such additional canals,
laterals, farm ditches, and irrigation works as
are necessary for the efficient distribution for
agricultural purposes of that portion of the
27,000 acre-feet annually of water described in
subsection (a)(1) that is not required for
[[Page 118 STAT. 3542]]
the irrigation systems described in paragraphs (1)
and (2) of subsection (c); or
``(ii) in lieu of the actions described in
clause (i), pay to the San Xavier District
$18,300,000 (adjusted as provided in section
317(a)(2)) in full satisfaction of the obligations
of the United States described in clause (i).
``(B) Election.--
``(i) <<NOTE: Notification.>> In general.--The
San Xavier District Council may make a
nonrevocable election whether to receive the
benefits described under clause (i) or (ii) of
subparagraph (A) by notifying the Secretary by not
later than 180 days after the enforceability date
or January 1, 2010, whichever is later, by written
and certified resolution of the San Xavier
District Council.
``(ii) No resolution.--If the Secretary does
not receive such a resolution by the deadline
specified in clause (i), the Secretary shall pay
$18,300,000 (adjusted as provided in section
317(a)(2)) to the San Xavier District in lieu of
carrying out the obligations of the United States
under subparagraph (A)(i).
``(C) Source of funds and time of payment.--
``(i) In general.--Payment of $18,300,000
(adjusted as provided in section 317(a)(2)) under
this paragraph shall be made by the Secretary from
the Lower Colorado River Basin Development Fund--
``(I) not later than 60 days after
an election described in subparagraph
(B) is made (if such an election is
made), but in no event earlier than the
enforceability date or January 1, 2010,
whichever is later; or
``(II) not later than 240 days after
the enforceability date or January 1,
2010, whichever is later, if no timely
election is made.
``(ii) Payment for additional structures.--
Payment of amounts necessary to design and
construct such additional canals, laterals, farm
ditches, and irrigation works as are described in
subparagraph (A)(i) shall be made by the Secretary
from the Lower Colorado River Basin Development
Fund, if an election is made to receive the
benefits under subparagraph (A)(i).
``(4) Irrigation and delivery and distribution systems in
the eastern schuk toak district.--Except as provided in
subsection (d), not later than 1 year after the enforceability
date, the Secretary shall complete the design and construction
of an irrigation system and delivery and distribution system to
serve the farm that is constructed in the eastern Schuk Toak
District.
``(d) Extension of Deadlines.--
``(1) In general.--The Secretary may extend a deadline under
subsection (c) if the Secretary determines that compliance with
the deadline is impracticable by reason of--
``(A) a material breach by a contractor of a
contract that is relevant to carrying out a project or
activity described in subsection (c);
[[Page 118 STAT. 3543]]
``(B) the inability of such a contractor, under such
a contract, to carry out the contract by reason of force
majeure, as defined by the Secretary in the contract;
``(C) unavoidable delay in compliance with
applicable Federal and tribal laws, as determined by the
Secretary, including--
``(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
``(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
``(D) stoppage in work resulting from the assessment
of a tax or fee that is alleged in any court of
jurisdiction to be confiscatory or discriminatory.
``(2) Notice of finding.--If the Secretary extends a
deadline under paragraph (1), the Secretary shall--
``(A) <<NOTE: Federal Register,
publication.>> publish a notice of the extension in the
Federal Register; and
``(B)(i) include in the notice an estimate of such
additional period of time as is necessary to complete
the project or activity that is the subject of the
extension; and
``(ii) specify a deadline that provides for a period
for completion of the project before the end of the
period described in clause (i).
``(e) Authority of Secretary.--
``(1) In general.--In carrying out this title, after
providing reasonable notice to the Nation, the Secretary, in
compliance with all applicable law, may enter, construct works
on, and take such other actions as are related to the entry or
construction on land within the San Xavier District and the
eastern Schuk Toak District.
``(2) Effect on federal activity.--Nothing in this
subsection affects the authority of the United States, or any
Federal officer, agent, employee, or contractor, to conduct
official Federal business or carry out any Federal duty
(including any Federal business or duty under this title) on
land within the eastern Schuk Toak District or the San Xavier
District.
``(f) Use of Funds.--
``(1) In general.--With respect to any funds received under
subsection (c)(3)(A), the San Xavier District--
``(A) shall hold the funds in trust, and invest the
funds in interest-bearing deposits and securities, until
expended;
``(B) may expend the principal of the funds, and any
interest and dividends that accrue on the principal,
only in accordance with a budget that is--
``(i) authorized by the San Xavier District
Council; and
``(ii) approved by resolution of the
Legislative Council of the Nation; and
``(C) shall expend the funds--
``(i) for any subjugation of land, development
of water resources, or construction, operation,
maintenance, or replacement of facilities within
the San Xavier Reservation that is not required to
be carried out by the United States under this
title or any other provision of law;
``(ii) to provide governmental services,
including--
``(I) programs for senior citizens;
[[Page 118 STAT. 3544]]
``(II) health care services;
``(III) education;
``(IV) economic development loans
and assistance; and
``(V) legal assistance programs;
``(iii) to provide benefits to allottees;
``(iv) to pay the costs of activities of the
San Xavier Allottees Association; or
``(v) to pay any administrative costs incurred
by the Nation or the San Xavier District in
conjunction with any of the activities described
in clauses (i) through (iv).
``(2) No liability of secretary; limitation.--
``(A) In general.--The Secretary shall not--
``(i) be responsible for any review, approval,
or audit of the use and expenditure of the funds
described in paragraph (1); or
``(ii) be subject to liability for any claim
or cause of action arising from the use or
expenditure, by the Nation or the San Xavier
District, of those funds.
``(B) Limitation.--No portion of any funds described
in paragraph (1) shall be used for per capita payments
to any individual member of the Nation or any allottee.
``SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER
SUPPLIES.
``(a) Delivery of Water.--
``(1) In general.--The Secretary shall deliver water from
the main project works of the Central Arizona Project, in such
quantities, and in accordance with such terms and conditions, as
are contained in the agreement of December 11, 1980, the 1982
Act, the agreement of October 11, 1983, and the Tohono O'odham
settlement agreement (to the extent that the settlement
agreement does not conflict with this Act), to 1 or more of--
``(A) the cooperative farm;
``(B) the eastern Schuk Toak District;
``(C) turnouts existing on the enforceability date;
and
``(D) any other point of delivery on the Central
Arizona Project main aqueduct that is agreed to by--
``(i) the Secretary;
``(ii) the operator of the Central Arizona
Project; and
``(iii) the Nation.
``(2) Delivery.--The Secretary shall deliver the water
covered by sections 304(a) and 306(a), or an equivalent quantity
of water from a source identified under subsection (b)(1),
notwithstanding--
``(A) any declaration by the Secretary of a water
shortage on the Colorado River; or
``(B) any other occurrence affecting water delivery
caused by an act or omission of--
``(i) the Secretary;
``(ii) the United States; or
``(iii) any officer, employee, contractor, or
agent of the Secretary or United States.
``(b) Acquisition of Land and Water.--
[[Page 118 STAT. 3545]]
``(1) Delivery.--
``(A) In general.--Except as provided in
subparagraph (B), if the Secretary, under the terms and
conditions of the agreements referred to in subsection
(a)(1), is unable, during any year, to deliver annually
from the main project works of the Central Arizona
Project any portion of the quantity of water covered by
sections 304(a) and 306(a), the Secretary shall
identify, acquire and deliver an equivalent quantity of
water from, any appropriate source.
``(B) Exception.--The Secretary shall not acquire
any water under subparagraph (A) through any transaction
that would cause depletion of groundwater supplies or
aquifers in the San Xavier District or the eastern Schuk
Toak District.
``(2) Private land and interests.--
``(A) Acquisition.--
``(i) In general.--Subject to subparagraph
(B), the Secretary may acquire, for not more than
market value, such private land, or interests in
private land, that include rights in surface or
groundwater recognized under State law, as are
necessary for the acquisition and delivery of
water under this subsection.
``(ii) Compliance.--In acquiring rights in
surface water under clause (i), the Secretary
shall comply with all applicable severance and
transfer requirements under State law.
``(B) Prohibition on taking.--The Secretary shall
not acquire any land, water, water rights, or contract
rights under subparagraph (A) without the consent of the
owner of the land, water, water rights, or contract
rights.
``(C) Priority.--In acquiring any private land or
interest in private land under this paragraph, the
Secretary shall give priority to the acquisition of land
on which water has been put to beneficial use during any
1-year period during the 5-year period preceding the
date of acquisition of the land by the Secretary.
``(3) Deliveries from acquired land.--Deliveries of water
from land acquired under paragraph (2) shall be made only to the
extent that the water may be transported within the Tucson
management area under applicable law.
``(4) Delivery of effluent.--
``(A) In general.--Except on receipt of prior
written consent of the Nation, the Secretary shall not
deliver effluent directly to the Nation under this
subsection.
``(B) No separate delivery system.--The Secretary
shall not construct a separate delivery system to
deliver effluent to the San Xavier Reservation or the
eastern Schuk Toak District.
``(C) No imposition of obligation.--Nothing in this
paragraph imposes any obligation on the United States to
deliver effluent to the Nation.
``(c) Agreements and Contracts.--To facilitate the delivery of water
to the San Xavier Reservation and the eastern Schuk Toak District under
this title, the Secretary may enter into a contract or agreement with
the State, an irrigation district or project, or entity--
``(1) for--
[[Page 118 STAT. 3546]]
``(A) the exchange of water; or
``(B) the use of aqueducts, canals, conduits, and
other facilities (including pumping plants) for water
delivery; or
``(2) to use facilities constructed, in whole or in part,
with Federal funds.
``(d) Compensation and Disbursements.--
``(1) Compensation.--If the Secretary is unable to acquire
and deliver sufficient quantities of water under section 304(a),
this section, or section 306(a), the Secretary shall provide
compensation in accordance with paragraph (2) in amounts equal
to--
``(A)(i) the value of such quantities of water as
are not acquired and delivered, if the delivery and
distribution system for, and the improvements to, the
irrigation system for the cooperative farm have not been
completed by the deadline required under section
304(c)(1); or
``(ii) the value of such quantities of water as--
``(I) are ordered by the Nation for use by the
San Xavier Cooperative Association in the
irrigation system; but
``(II) are not delivered in any calendar year;
``(B)(i) the value of such quantities of water as
are not acquired and delivered, if the extension of the
irrigation system is not completed by the deadline
required under section 304(c)(2); or
``(ii) the value of such quantities of water as--
``(I) are ordered by the Nation for use by the
San Xavier Cooperative Association in the
extension to the irrigation system; but
``(II) are not delivered in any calendar year;
and
``(C)(i) the value of such quantities of water as
are not acquired and delivered, if the irrigation system
is not completed by the deadline required under section
304(c)(4); or
``(ii) except as provided in clause (i), the value
of such quantities of water as--
``(I) are ordered by the Nation for use in the
irrigation system, or for use by any person or
entity (other than the San Xavier Cooperative
Association); but
``(II) are not delivered in any calendar year.
``(2) Disbursement.--Any compensation payable under
paragraph (1) shall be disbursed--
``(A) with respect to compensation payable under
subparagraphs (A) and (B) of paragraph (1), to the San
Xavier Cooperative Association; and
``(B) with respect to compensation payable under
paragraph (1)(C), to the Nation for retention by the
Nation or disbursement to water users, under the
provisions of the water code or other applicable laws of
the Nation.
``(e) No Effect on Water Rights.--Nothing in this section authorizes
the Secretary to acquire or otherwise affect the water rights of any
Indian tribe.
``SEC. 306. ADDITIONAL WATER DELIVERY.
``(a) In General.--In addition to the delivery of water described in
section 304(a), the Secretary shall deliver annually from the
[[Page 118 STAT. 3547]]
main project works of the Central Arizona Project, a total of 28,200
acre-feet of NIA priority water suitable for agricultural use, of
which--
``(1) 23,000 acre-feet shall--
``(A) be delivered to, and used by, the San Xavier
Reservation; or
``(B) otherwise be used by the Nation in accordance
with section 309; and
``(2) 5,200 acre-feet shall--
``(A) be delivered to, and used by, the eastern
Schuk Toak District; or
``(B) otherwise be used by the Nation in accordance
with section 309.
``(b) State Contribution.--To assist the Secretary in firming water
under section 105(b)(1)(A) of the Arizona Water Settlements Act, the
State shall contribute $3,000,000--
``(1) in accordance with a schedule that is acceptable to
the Secretary and the State; and
``(2) in the form of cash or in-kind goods and services.
``SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIVERY, REVENUE SHARING.
``(a) Conditions on Actions of Secretary.--The Secretary shall carry
out section 304(c), subsections (a), (b), and (d) of section 305, and
section 306, only if--
``(1) the Nation agrees--
``(A) except as provided in section 308(f)(1), to
limit the quantity of groundwater withdrawn by nonexempt
wells from beneath the San Xavier Reservation to not
more than 10,000 acre-feet;
``(B) except as provided in section 308(f)(2), to
limit the quantity of groundwater withdrawn by nonexempt
wells from beneath the eastern Schuk Toak District to
not more than 3,200 acre-feet;
``(C) to comply with water management plans
established by the Secretary under section 308(d);
``(D) to consent to the San Xavier District being
deemed a tribal organization (as defined in section
900.6 of title 25, Code of Federal Regulations (or any
successor regulations)) for purposes identified in
subparagraph (E)(iii)(I), as permitted with respect to
tribal organizations under title I of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.);
``(E) subject to compliance by the Nation with other
applicable provisions of part 900 of title 25, Code of
Federal Regulations (or any successor regulations), to
consent to contracting by the San Xavier District under
section 311(b), on the conditions that--
``(i)(I) the plaintiffs in the Alvarez case
and Tucson case have stipulated to the dismissal,
with prejudice, of claims in those cases; and
``(II) those cases have been dismissed with
prejudice;
``(ii) the San Xavier Cooperative Association
has agreed to assume responsibility, after
completion of each of the irrigation systems
described in paragraphs (1), (2), and (3) of
section 304(c) and on the delivery
[[Page 118 STAT. 3548]]
of water to those systems, for the operation,
maintenance, and replacement of those systems in
accordance with the first section of the Act of
August 1, 1914 (25 U.S.C. 385); and
``(iii) with respect to the consent of the
Nation to contracting--
``(I) the consent is limited solely
to contracts for--
``(aa) the design and
construction of the delivery and
distribution system and the
rehabilitation of the irrigation
system for the cooperative farm;
``(bb) the extension of the
irrigation system for the
cooperative farm;
``(cc) the subjugation of
land to be served by the
extension of the irrigation
system;
``(dd) the design and
construction of storage
facilities solely for water
deliverable for use within the
San Xavier Reservation; and
``(ee) the completion by the
Secretary of a water resources
study of the San Xavier
Reservation and subsequent
preparation of a water
management plan under section
308(d);
``(II) the Nation shall reserve the
right to seek retrocession or
reassumption of contracts described in
subclause (I), and recontracting under
subpart P and other applicable
provisions of part 900 of title 25, Code
of Federal Regulations (or any successor
regulations);
``(III) the Nation, on granting
consent to such contracting, shall be
released from any responsibility,
liability, claim, or cost from and after
the date on which consent is given, with
respect to past action or inaction by
the Nation, and subsequent action or
inaction by the San Xavier District,
relating to the design and construction
of irrigation systems for the
cooperative farm or the Central Arizona
Project link pipeline; and
``(IV) the Secretary shall, on the
request of the Nation, execute a waiver
and release to carry out subclause
(III);
``(F) to subjugate, at no cost to the United States,
the land for which the irrigation systems under
paragraphs (2) and (3) of section 304(c) will be
planned, designed, and constructed by the Secretary, on
the condition that--
``(i) the obligation of the Nation to
subjugate the land in the cooperative farm that is
to be served by the extension of the irrigation
system under section 304(c)(2) shall be determined
by the Secretary, in consultation with the Nation
and the San Xavier Cooperative Association; and
``(ii) <<NOTE: Deadlines. Notice. Certification.>>
subject to approval by the Secretary of a contract
with the San Xavier District executed under
section 311, to perform that subjugation, a
determination by the Secretary of the subjugation
costs under clause (i), and the provision of
notice by the San Xavier District to the Nation at
least 180 days before the date
[[Page 118 STAT. 3549]]
on which the San Xavier District Council certifies
by resolution that the subjugation is scheduled to
commence, the Nation pays to the San Xavier
District, not later than 90 days before the date
on which the subjugation is scheduled to commence,
from the trust fund under section 315, or from
other sources of funds held by the Nation, the
amount determined by the Secretary under clause
(i); and
``(G) subject to business lease No. H54-16-72 dated
April 26, 1972, of San Xavier Reservation land to Asarco
and approved by the United States on November 14, 1972,
that the Nation--
``(i) shall allocate as a first right of
beneficial use by allottees, the San Xavier
District, and other persons within the San Xavier
Reservation--
``(I) 35,000 acre-feet of the 50,000
acre-feet of water deliverable under
sections 304(a)(1) and 306(a)(1),
including the use of the allocation--
``(aa) to fulfill the
obligations prescribed in the
Asarco agreement; and
``(bb) for groundwater
storage, maintenance of instream
flows, and maintenance of
riparian vegetation and habitat;
``(II) the 10,000 acre-feet of
groundwater identified in subsection
(a)(1)(A);
``(III) the groundwater withdrawn
from exempt wells;
``(IV) the deferred pumping storage
credits authorized by section
308(f)(1)(B); and
``(V) the storage credits resulting
from a project authorized in section
308(e) that cannot be lawfully
transferred or otherwise disposed of to
persons for recovery outside the
Nation's Reservation;
``(ii) subject to section 309(b)(2), has the
right--
``(I) to use, or authorize other
persons or entities to use, any portion
of the allocation of 35,000 acre-feet of
water deliverable under sections
304(a)(1) and 306(a)(1) outside the San
Xavier Reservation for any period during
which there is no identified actual use
of the water within the San Xavier
Reservation;
``(II) as a first right of use, to
use the remaining acre-feet of water
deliverable under sections 304(a)(1) and
306(a)(1) for any purpose and duration
authorized by this title within or
outside the Nation's Reservation; and
``(III) subject to section 308(e),
as an exclusive right, to transfer or
otherwise dispose of the storage credits
that may be lawfully transferred or
otherwise disposed of to persons for
recovery outside the Nation's
Reservation;
``(iii) shall issue permits to persons or
entities for use of the water resources referred
to in clause (i);
``(iv) shall, on timely receipt of an order
for water by a permittee under a permit for
Central Arizona Project water referred to in
clause (i), submit the order to--
[[Page 118 STAT. 3550]]
``(I) the Secretary; or
``(II) the operating agency for the
Central Arizona Project;
``(v) shall issue permits for water
deliverable under sections 304(a)(2) and
306(a)(2), including quantities of water
reasonably necessary for the irrigation system
referred to in section 304(c)(3);
``(vi) shall issue permits for groundwater
that may be withdrawn from nonexempt wells in the
eastern Schuk Toak District; and
``(vii) shall, on timely receipt of an order
for water by a permittee under a permit for water
referred to in clause (v), submit the order to--
``(I) the Secretary; or
``(II) the operating agency for the
Central Arizona Project; and
``(2) the Alvarez case and Tucson case have been dismissed
with prejudice.
``(b) Responsibilities on Completion.--On completion of an
irrigation system or extension of an irrigation system described in
paragraph (1) or (2) of section 304(c), or in the case of the irrigation
system described in section 304(c)(3), if such irrigation system is
constructed on individual Indian trust allotments, neither the United
States nor the Nation shall be responsible for the operation,
maintenance, or replacement of the system.
``(c) Payment of Charges.--The Nation shall not be responsible for
payment of any water service capital charge for Central Arizona Project
water delivered under section 304, subsection (a) or (b) of section 305,
or section 306.
``SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STORAGE PROJECTS; STORAGE
ACCOUNTS; GROUNDWATER.
``(a) Water Resources.--Water resources described in clauses (i) and
(ii) of section 307(a)(1)(G)--
``(1) shall be subject to section 7 of the Act of February
8, 1887 (25 U.S.C. 381); and
``(2) shall be apportioned pursuant to clauses (i) and (ii)
of section 307(a)(1)(G).
``(b) Water Code.--Subject to this title and any other applicable
law, the Nation shall--
``(1) manage, regulate, and control the water resources of
the Nation and the water resources granted or confirmed under
this title;
``(2) establish conditions, limitations, and permit
requirements, and promulgate regulations, relating to the
storage, recovery, and use of surface water and groundwater
within the Nation's Reservation;
``(3) enact and maintain--
``(A) an interim allottee water rights code that--
``(i) is consistent with subsection (a);
``(ii) prescribes the rights of allottees
identified in paragraph (4); and
``(iii) provides that the interim allottee
water rights code shall be incorporated in the
comprehensive water code referred to in
subparagraph (B); and
[[Page 118 STAT. 3551]]
``(B) <<NOTE: Deadline.>> not later than 3 years
after the enforceability date, a comprehensive water
code applicable to the water resources granted or
confirmed under this title;
``(4) include in each of the water codes enacted under
subparagraphs (A) and (B) of paragraph (3)--
``(A) an acknowledgement of the rights described in
subsection (a);
``(B) a process by which a just and equitable
distribution of the water resources referred to in
subsection (a), and any compensation provided under
section 305(d), shall be provided to allottees;
``(C) a process by which an allottee may request and
receive a permit for the use of any water resources
referred to in subsection (a), except the water
resources referred to in section 307(a)(1)(G)(ii)(III)
and subject to the Nation's first right of use under
section 307(a)(1)(G)(ii)(II);
``(D) provisions for the protection of due process,
including--
``(i) a fair procedure for consideration and
determination of any request by--
``(I) a member of the Nation, for a
permit for use of available water
resources granted or confirmed by this
title; and
``(II) an allottee, for a permit for
use of--
``(aa) the water resources
identified in section
307(a)(1)(G)(i) that are subject
to a first right of beneficial
use; or
``(bb) subject to the first
right of use of the Nation,
available water resources
identified in section
307(a)(1)(G)(i)(II);
``(ii) provisions for--
``(I) appeals and adjudications of
denied or disputed permits; and
``(II) resolution of contested
administrative decisions; and
``(iii) a waiver by the Nation of the
sovereign immunity of the Nation only with respect
to proceedings described in clause (ii) for claims
of declaratory and injunctive relief; and
``(E) a process for satisfying any entitlement to
the water resources referred to in section
307(a)(1)(G)(i) for which fee owners of allotted land
have received final determinations under applicable law;
and
``(5) submit to the Secretary the comprehensive water code,
for approval by the Secretary only of the provisions of the
water code (and any amendments to the water code), that
implement, with respect to the allottees, the standards
described in paragraph (4).
``(c) Water Code Approval.--
``(1) In general.--On receipt of a comprehensive water code
under subsection (b)(5), the Secretary shall--
``(A) issue a written approval of the water code; or
``(B) <<NOTE: Notification.>> provide a written
notification to the Nation that--
``(i) identifies such provisions of the water
code that do not conform to subsection (b) or
other applicable Federal law; and
[[Page 118 STAT. 3552]]
``(ii) recommends specific corrective language
for each nonconforming provision.
``(2) Revision by nation.--If the Secretary identifies
nonconforming provisions in the water code under paragraph
(1)(B)(i), the Nation shall revise the water code in accordance
with the recommendations of the Secretary under paragraph
(1)(B)(ii).
``(3) Interim authority.--Until such time as the Nation
revises the water code of the Nation in accordance with
paragraph (2) and the Secretary subsequently approves the water
code, the Secretary may exercise any lawful authority of the
Secretary under section 7 of the Act of February 8, 1887 (25
U.S.C. 381).
``(4) Limitation.--Except as provided in this subsection,
nothing in this title requires the approval of the Secretary of
the water code of the Nation (or any amendment to that water
code).
``(d) Water Management Plans.--
``(1) In general.--The Secretary shall establish, for the
San Xavier Reservation and the eastern Schuk Toak District,
water management plans that meet the requirements described in
paragraph (2).
``(2) Requirements.--Water management plans established
under paragraph (1)--
``(A) <<NOTE: Contracts.>> shall be developed under
contracts executed under section 311 between the
Secretary and the San Xavier District for the San Xavier
Reservation, and between the Secretary and the Nation
for the eastern Schuk Toak District, as applicable, that
permit expenditures, exclusive of administrative
expenses of the Secretary, of not more than--
``(i) with respect to a contract between the
Secretary and the San Xavier District, $891,200;
and
``(ii) with respect to a contract between the
Secretary and the Nation, $237,200;
``(B) shall, at a minimum--
``(i) provide for the measurement of all
groundwater withdrawals, including withdrawals
from each well that is not an exempt well;
``(ii) provide for--
``(I) <<NOTE: Records.>> reasonable
recordkeeping of water use, including
the quantities of water stored
underground and recovered each calendar
year; and
``(II) a system for the reporting of
withdrawals from each well that is not
an exempt well;
``(iii) provide for the direct storage and
deferred storage of water, including the
implementation of underground storage and recovery
projects, in accordance with this section;
``(iv) provide for the annual exchange of
information collected under clauses (i) through
(iii)--
``(I) between the Nation and the
Arizona Department of Water Resources;
and
``(II) between the Nation and the
city of Tucson, Arizona;
``(v) provide for--
``(I) the efficient use of water;
and
[[Page 118 STAT. 3553]]
``(II) the prevention of waste;
``(vi) except on approval of the district
council for a district in which a direct storage
project is established under subsection (e),
provide that no direct storage credits earned as a
result of the project shall be recovered at any
location at which the recovery would adversely
affect surface or groundwater supplies, or lower
the water table at any location, within the
district; and
``(vii) provide for amendments to the water
plan in accordance with this title;
``(C) shall authorize the establishment and
maintenance of 1 or more underground storage and
recovery projects in accordance with subsection (e), as
applicable, within--
``(i) the San Xavier Reservation; or
``(ii) the eastern Schuk Toak District; and
``(D) shall be implemented and maintained by the
Nation, with no obligation by the Secretary.
``(e) Underground Storage and Recovery Projects.--The Nation is
authorized to establish direct storage and recovery projects in
accordance with the Tohono O'odham settlement agreement. The Secretary
shall have no responsibility to fund or otherwise administer such
projects.
``(f) Groundwater.--
``(1) San xavier reservation.--
``(A) In general.--In accordance with section
307(a)(1)(A), 10,000 acre-feet of groundwater may be
pumped annually within the San Xavier Reservation.
``(B) Deferred pumping.--
``(i) In general.--Subject to clause (ii), all
or any portion of the 10,000 acre-feet of water
not pumped under subparagraph (A) in a year--
``(I) may be withdrawn in a
subsequent year; and
``(II) if any of that water is
withdrawn, shall be accounted for in
accordance with the Tohono O'odham
settlement agreement as a debit to the
deferred pumping storage account.
``(ii) Limitation.--The quantity of water
authorized to be recovered as deferred pumping
storage credits under this subparagraph shall not
exceed--
``(I) 50,000 acre-feet for any 10-
year period; or
``(II) 10,000 acre-feet in any year.
``(C) Recovery of additional water.--In addition to
the quantity of groundwater authorized to be pumped
under subparagraphs (A) and (B), the Nation may annually
recover within the San Xavier Reservation all or a
portion of the credits for water stored under a project
described in subsection (e).
``(2) Eastern schuk toak district.--
``(A) In general.--In accordance with section
307(a)(1)(B), 3,200 acre-feet of groundwater may be
pumped annually within the eastern Schuk Toak District.
``(B) Deferred pumping.--
[[Page 118 STAT. 3554]]
``(i) In general.--Subject to clause (ii), all
or any portion of the 3,200 acre-feet of water not
pumped under subparagraph (A) in a year--
``(I) may be withdrawn in a
subsequent year; and
``(II) if any of that water is
withdrawn, shall be accounted for in
accordance with the Tohono O'odham
settlement agreement as a debit to the
deferred pumping storage account.
``(ii) Limitation.--The quantity of water
authorized to be recovered as deferred pumping
storage credits under this subparagraph shall not
exceed--
``(I) 16,000 acre-feet for any 10-
year period; or
``(II) 3,200 acre-feet in any year.
``(C) Recovery of additional water.--In addition to
the quantity of groundwater authorized to be pumped
under subparagraphs (A) and (B), the Nation may annually
recover within the eastern Schuk Toak District all or a
portion of the credits for water stored under a project
described in subsection (e).
``(3) Inability to recover groundwater.--
``(A) In general.--The authorizations to pump
groundwater in paragraphs (1) and (2) neither warrant
nor guarantee that the groundwater--
``(i) physically exists; or
``(ii) is recoverable.
``(B) Claims.--With respect to groundwater described
in subparagraph (A)--
``(i) subject to paragraph 8.8 of the Tohono
O'odham settlement agreement, the inability of any
person to pump or recover that groundwater shall
not be the basis for any claim by the United
States or the Nation against any person or entity
withdrawing or using the water from any common
supply; and
``(ii) the United States and the Nation shall
be barred from asserting any and all claims for
reserved water rights with respect to that
groundwater.
``(g) Exempt Wells.--Any groundwater pumped from an exempt well
located within the San Xavier Reservation or the eastern Schuk Toak
District shall be exempt from all pumping limitations under this title.
``(h) Inability of Secretary To Deliver Water.--The Nation is
authorized to pump additional groundwater in any year in which the
Secretary is unable to deliver water required to carry out sections
304(a) and 306(a) in accordance with the Tohono O'odham settlement
agreement.
``(i) Payment of Compensation.--Nothing in this section affects any
obligation of the Secretary to pay compensation in accordance with
section 305(d).
``SEC. 309. USES OF WATER.
``(a) Permissible Uses.--Subject to other provisions of this section
and other applicable law, the Nation may devote all water supplies
granted or confirmed under this title, whether delivered by the
Secretary or pumped by the Nation, to any use (including any
agricultural, municipal, domestic, industrial, commercial,
[[Page 118 STAT. 3555]]
mining, underground storage, instream flow, riparian habitat
maintenance, or recreational use).
``(b) Use Area.--
``(1) Use within nation's reservation.--Subject to
subsection (d), the Nation may use at any location within the
Nation's Reservation--
``(A) the water supplies acquired under sections
304(a) and 306(a);
``(B) groundwater supplies; and
``(C) storage credits acquired as a result of
projects authorized under section 308(e), or deferred
storage credits described in section 308(f), except to
the extent that use of those storage credits causes the
withdrawal of groundwater in violation of applicable
Federal law.
``(2) Use outside the nation's reservation.--
``(A) In general.--Water resources granted or
confirmed under this title may be sold, leased,
transferred, or used by the Nation outside of the
Nation's Reservation only in accordance with this title.
``(B) Use within certain area.--Subject to
subsection (c), the Nation may use the Central Arizona
Project water supplies acquired under sections 304(a)
and 306(a) within the Central Arizona Project service
area.
``(C) State law.--With the exception of Central
Arizona Project water and groundwater withdrawals under
the Asarco agreement, the Nation may sell, lease,
transfer, or use any water supplies and storage credits
acquired as a result of a project authorized under
section 308(e) at any location outside of the Nation's
Reservation, but within the State, only in accordance
with State law.
``(D) Limitation.--Deferred pumping storage credits
provided for in section 308(f) shall not be sold,
leased, transferred, or used outside the Nation's
Reservation.
``(E) Prohibition on use outside the state.--No
water acquired under section 304(a) or 306(a) shall be
leased, exchanged, forborne, or otherwise transferred by
the Nation for any direct or indirect use outside the
State.
``(c) Exchanges and Leases; Conditions on Exchanges and Leases.--
``(1) In general.--With respect to users outside the
Nation's Reservation, the Nation may, for a term of not to
exceed 100 years, assign, exchange, lease, provide an option to
lease, or otherwise temporarily dispose of to the users, Central
Arizona Project water to which the Nation is entitled under
sections 304(a) and 306(a) or storage credits acquired under
section 308(e), if the assignment, exchange, lease, option, or
temporary disposal is carried out in accordance with--
``(A) this subsection; and
``(B) subsection (b)(2).
``(2) Limitation on alienation.--The Nation shall not
permanently alienate any water right under paragraph (1).
``(3) Authorized uses.--The water described in paragraph (1)
shall be delivered within the Central Arizona Project service
area for any use authorized under applicable law.
``(4) Contract.--An assignment, exchange, lease, option, or
temporary disposal described in paragraph (1) shall be executed
only in accordance with a contract that--
[[Page 118 STAT. 3556]]
``(A) is accepted by the Nation;
``(B) is ratified under a resolution of the
Legislative Council of the Nation;
``(C) is approved by the United States as Trustee;
and
``(D) with respect to any contract to which the
United States or the Secretary is a party, provides that
an action may be maintained by the contracting party
against the United States and the Secretary for a breach
of the contract by the United States or Secretary, as
appropriate.
``(5) <<NOTE: Applicability.>> Terms exceeding 25 years.--
The terms and conditions established in paragraph 11 of the
Tohono O'odham settlement agreement shall apply to any contract
under paragraph (4) that has a term of greater than 25 years.
``(d) Limitations on Use, Exchanges, and Leases.--The rights of the
Nation to use water supplies under subsection (a), and to assign,
exchange, lease, provide options to lease, or temporarily dispose of the
water supplies under subsection (c), shall be exercised on conditions
that ensure the availability of water supplies to satisfy the first
right of beneficial use under section 307(a)(1)(G)(i).
``(e) Water Service Capital Charges.--In any transaction entered
into by the Nation and another person under subsection (c) with respect
to Central Arizona Project water of the Nation, the person shall not be
obligated to pay to the United States or the Central Arizona Water
Conservation District any water service capital charge.
``(f) Water Rights Unaffected by Use or Nonuse.--The failure of the
Nation to make use of water provided under this title, or the use of, or
failure to make use of, that water by any other person that enters into
a contract with the Nation under subsection (c) for the assignment,
exchange, lease, option for lease, or temporary disposal of water, shall
not diminish, reduce, or impair--
``(1) any water right of the Nation, as established under
this title or any other applicable law; or
``(2) any water use right recognized under this title,
including--
``(A) the first right of beneficial use referred to
in section 307(a)(1)(G)(i); or
``(B) the allottee use rights referred to in section
308(a).
``(g) Amendment to Agreement of December 11, 1980.--The Secretary
shall amend the agreement of December 11, 1980, to provide that--
``(1) the contract shall be--
``(A) for permanent service (within the meaning of
section 5 of the Boulder Canyon Project Act of 1928 (43
U.S.C. 617d)); and
``(B) without limit as to term;
``(2) the Nation may, with the approval of the Secretary--
``(A) in accordance with subsection (c), assign,
exchange, lease, enter into an option to lease, or
otherwise temporarily dispose of water to which the
Nation is entitled under sections 304(a) and 306(a); and
``(B) renegotiate any lease at any time during the
term of the lease if the term of the renegotiated lease
does not exceed 100 years;
``(3)(A) the Nation shall be entitled to all consideration
due to the Nation under any leases and any options to lease
[[Page 118 STAT. 3557]]
or exchanges or options to exchange the Nation's Central Arizona
Project water entered into by the Nation; and
``(B) the United States shall have no trust obligation or
other obligation to monitor, administer, or account for any
consideration received by the Nation under those leases or
options to lease and exchanges or options to exchange;
``(4)(A) all of the Nation's Central Arizona Project water
shall be delivered through the Central Arizona Project aqueduct;
and
``(B) if the delivery capacity of the Central Arizona
Project aqueduct is significantly reduced or is anticipated to
be significantly reduced for an extended period of time, the
Nation shall have the same Central Arizona Project delivery
rights as other Central Arizona Project contractors and Central
Arizona Project subcontractors, if the Central Arizona Project
contractors or Central Arizona Project subcontractors are
allowed to take delivery of water other than through the Central
Arizona Project aqueduct;
``(5) the Nation may use the Nation's Central Arizona
Project water on or off of the Nation's Reservation for the
purposes of the Nation consistent with this title;
``(6) as authorized by subparagraph (A) of section 403(f)(2)
of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2))
(as amended by section 107(a)) and to the extent that funds are
available in the Lower Colorado River Basin Development Fund
established by section 403 of that Act (43 U.S.C. 1543), the
United States shall pay to the Central Arizona Project operating
agency the fixed operation, maintenance, and replacement charges
associated with the delivery of the Nation's Central Arizona
Project water, except for the Nation's Central Arizona Project
water leased by others;
``(7) the allocated costs associated with the construction
of the delivery and distribution system--
``(A) shall be nonreimbursable; and
``(B) shall be excluded from any repayment
obligation of the Nation;
``(8) no water service capital charges shall be due or
payable for the Nation's Central Arizona Project water,
regardless of whether the Central Arizona Project water is
delivered for use by the Nation or is delivered pursuant to any
leases or options to lease or exchanges or options to exchange
the Nation's Central Arizona Project water entered into by the
Nation;
``(9) the agreement of December 11, 1980, conforms with
section 104(d) and section 306(a) of the Arizona Water
Settlements Act; and
``(10) the amendments required by this subsection shall not
apply to the 8,000 acre feet of Central Arizona Project water
contracted by the Nation in the agreement of December 11, 1980,
for the Sif Oidak District.
``(h) Ratification of Agreements.--
``(1) In general.--Notwithstanding any other provision of
law, each agreement described in paragraph (2), to the extent
that the agreement is not in conflict with this Act--
``(A) is authorized, ratified, and confirmed; and
``(B) shall be executed by the Secretary.
[[Page 118 STAT. 3558]]
``(2) Agreements.--The agreements described in this
paragraph are--
``(A) the Tohono O'odham settlement agreement, to
the extent that--
``(i) the Tohono O'odham settlement agreement
is consistent with this title; and
``(ii) parties to the Tohono O'odham
settlement agreement other than the Secretary have
executed that agreement;
``(B) the Tucson agreement (attached to the Tohono
O'odham settlement agreement as exhibit 12.1); and
``(C)(i) the Asarco agreement (attached to the
Tohono O'odham settlement agreement as exhibit 13.1 to
the Tohono O'odham settlement agreement);
``(ii) lease No. H54-0916-0972, dated April 26,
1972, and approved by the United States on November 14,
1972; and
``(iii) any new well site lease as provided for in
the Asarco agreement; and
``(D) the FICO agreement (attached to the Tohono
O'odham settlement agreement as Exhibit 14.1).
``(3) Relation to other law.--
``(A) Environmental compliance.--In implementing an
agreement described in paragraph (2), the Secretary
shall promptly comply with all aspects of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and all other applicable environmental
Acts and regulations.
``(B) Execution of agreement.--Execution of an
agreement described in paragraph (2) by the Secretary
under this section shall not constitute a major Federal
action under the National Environmental Policy Act (42
U.S.C. 4321 et seq.). The Secretary is directed to carry
out all necessary environmental compliance required by
Federal law in implementing an agreement described in
paragraph (2).
``(C) Lead agency.--The Bureau of Reclamation shall
be the lead agency with respect to environmental
compliance under the agreements described in paragraph
(2).
``(i) Disbursements From Tucson Interim Water Lease.--The Secretary
shall disburse to the Nation, without condition, all proceeds from the
Tucson interim water lease.
``(j) Use of Gross Proceeds.--
``(1) Definition of gross proceeds.--In this subsection, the
term `gross proceeds' means all proceeds, without reduction,
received by the Nation from--
``(A) the Tucson interim water lease;
``(B) the Asarco agreement; and
``(C) any agreement similar to the Asarco agreement
to store Central Arizona Project water of the Nation,
instead of pumping groundwater, for the purpose of
protecting water of the Nation; provided, however, that
gross proceeds shall not include proceeds from the
transfer of Central Arizona Project water in excess of
20,000 acre feet annually pursuant to any agreement
under this
[[Page 118 STAT. 3559]]
subparagraph or under the Asarco agreement referenced in
subparagraph (B).
``(2) Entitlement.--The Nation shall be entitled to receive
all gross proceeds.
``(k) Statutory Construction.--Nothing in this title establishes
whether reserved water may be put to use, or sold for use, off any
reservation to which reserved water rights attach.
``SEC. 310. COOPERATIVE FUND.
``(a) Reauthorization.--
``(1) In general.--Congress reauthorizes, for use in
carrying out this title, the cooperative fund established in the
Treasury of the United States by section 313 of the 1982 Act.
``(2) Amounts in cooperative fund.--The cooperative fund
shall consist of--
``(A)(i) $5,250,000, as appropriated to the
cooperative fund under section 313(b)(3)(A) of the 1982
Act; and
``(ii) such amount, not to exceed $32,000,000, as
the Secretary determines, after providing notice to
Congress, is necessary to carry out this title;
``(B) any additional Federal funds deposited to the
cooperative fund under Federal law;
``(C) $5,250,000, as deposited in the cooperative
fund under section 313(b)(1)(B) of the 1982 Act, of
which--
``(i) $2,750,000 was contributed by the State;
``(ii) $1,500,000 was contributed by the city
of Tucson; and
``(iii) $1,000,000 was contributed by--
``(I) the Anamax Mining Company;
``(II) the Cyprus-Pima Mining
Company;
``(III) the American Smelting and
Refining Company;
``(IV) the Duval Corporation; and
``(V) the Farmers Investment
Company;
``(D) all interest accrued on all amounts in the
cooperative fund beginning on October 12, 1982, less any
interest expended under subsection (b)(2); and
``(E) all revenues received from--
``(i) the sale or lease of effluent received
by the Secretary under the contract between the
United States and the city of Tucson to provide
for delivery of reclaimed water to the Secretary,
dated October 11, 1983; and
``(ii) the sale or lease of storage credits
derived from the storage of that effluent.
``(b) Expenditures From Fund.--
``(1) In general.--Subject to paragraph (2), upon request by
the Secretary, the Secretary of the Treasury shall transfer from
the cooperative fund to the Secretary such amounts as the
Secretary determines are necessary to carry out obligations of
the Secretary under this title, including to pay--
``(A) the variable costs relating to the delivery of
water under sections 304 through 306;
``(B) fixed operation maintenance and replacement
costs relating to the delivery of water under sections
304 through 306, to the extent that funds are not
available from the
[[Page 118 STAT. 3560]]
Lower Colorado River Basin Development Fund to pay those
costs;
``(C) the costs of acquisition and delivery of water
from alternative sources under section 305; and
``(D) any compensation provided by the Secretary
under section 305(d).
``(2) Expenditure of interest.--Except as provided in
paragraph (3), the Secretary may expend only interest income
accruing to the cooperative fund, and that interest income may
be expended by the Secretary, without further appropriation.
``(3) Expenditure of revenues.--Revenues described in
subsection (a)(2)(E) shall be available for expenditure under
paragraph (1).
``(c) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the cooperative fund as is not, in the
judgment of the Secretary of the Treasury, required to meet
current withdrawals determined by the Secretary. Investments may
be made only in interest-bearing obligations of the United
States.
``(2) Credits to cooperative fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations held in
the cooperative fund shall be credited to and form a part of the
cooperative fund.
``(d) Transfers of Amounts.--
``(1) In general.--The amounts required to be transferred to
the cooperative fund under this section shall be transferred at
least monthly from the general fund of the Treasury to the
cooperative fund on the basis of estimates made by the Secretary
of the Treasury.
``(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
``(e) Damages.--Damages arising under this title or any contract for
the delivery of water recognized by this title shall not exceed, in any
given year, the amounts available for expenditure in that year from the
cooperative fund.
``SEC. 311. CONTRACTING AUTHORITY; WATER QUALITY; STUDIES; ARID LAND
ASSISTANCE.
``(a) Functions of Secretary.--Except as provided in subsection (f),
the functions of the Secretary (or the Commissioner of Reclamation,
acting on behalf of the Secretary) under this title shall be subject to
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) to the same extent as if those functions were carried out
by the Assistant Secretary for Indian Affairs.
``(b) San Xavier District as Contractor.--
``(1) In general.--Subject to the consent of the Nation and
other requirements under section 307(a)(1)(E), the San Xavier
District shall be considered to be an eligible contractor for
purposes of this title.
``(2) Technical assistance.--The Secretary shall provide to
the San Xavier District technical assistance in carrying
[[Page 118 STAT. 3561]]
out the contracting requirements under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(c) <<NOTE: Deadlines.>> Groundwater Monitoring Programs.--
``(1) San xavier indian reservation program.--
``(A) In general.--Not later than 180 days after the
enforceability date, the Secretary shall develop and
initiate a comprehensive groundwater monitoring program
(including the drilling of wells and other appropriate
actions) to test, assess, and provide for the long-term
monitoring of the quality of groundwater withdrawn from
exempt wells and other wells within the San Xavier
Reservation.
``(B) Limitation on expenditures.--In carrying out
this paragraph, the Secretary shall expend not more than
$215,000.
``(2) Eastern schuk toak district program.--
``(A) In general.--Not later than 180 days after the
enforceability date, the Secretary shall develop and
initiate a comprehensive groundwater monitoring program
(including the drilling of wells and other appropriate
actions) to test, assess, and provide for the long-term
monitoring of the quality of groundwater withdrawn from
exempt wells and other wells within the eastern Schuk
Toak District.
``(B) Limitation on expenditures.--In carrying out
this paragraph, the Secretary shall expend not more than
$175,000.
``(3) Duties of secretary.--
``(A) Consultation.--In carrying out paragraphs (1)
and (2), the Secretary shall consult with
representatives of--
``(i) the Nation;
``(ii) the San Xavier District and Schuk Toak
District, respectively; and
``(iii) appropriate State and local entities.
``(B) Limitation on obligations of secretary.--With
respect to the groundwater monitoring programs described
in paragraphs (1) and (2), the Secretary shall have no
continuing obligation relating to those programs beyond
the obligations described in those paragraphs.
``(d) Water Resources Study.--To assist the Nation in developing
sources of water, the Secretary shall conduct a study to determine the
availability and suitability of water resources that are located--
``(1) within the Nation's Reservation; but
``(2) outside the Tucson management area.
``(e) Arid Land Renewable Resources.--If a Federal entity is
established to provide financial assistance to carry out arid land
renewable resources projects and to encourage and ensure investment in
the development of domestic sources of arid land renewable resources,
the entity shall--
``(1) give first priority to the needs of the Nation in
providing that assistance; and
``(2) make available to the Nation, San Xavier District,
Schuk Toak District, and San Xavier Cooperative Association
price guarantees, loans, loan guarantees, purchase agreements,
[[Page 118 STAT. 3562]]
and joint venture projects at a level that the entity determines
will--
``(A) facilitate the cultivation of such minimum
number of acres as is determined by the entity to be
necessary to ensure economically successful cultivation
of arid land crops; and
``(B) contribute significantly to the economy of the
Nation.
``(f) Asarco Land Exchange Study.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 2
years after the enforceability date, the Secretary, in
consultation with the Nation, the San Xavier District, the San
Xavier Allottees' Association, and Asarco, shall conduct and
submit to Congress a study on the feasibility of a land exchange
or land exchanges with Asarco to provide land for future use
by--
``(A) beneficial landowners of the Mission Complex
Mining Leases of September 18, 1959; and
``(B) beneficial landowners of the Mission Complex
Business Leases of May 12, 1959.
``(2) Components.--The study under paragraph (1) shall
include--
``(A) an analysis of the manner in which land
exchanges could be accomplished to maintain a contiguous
land base for the San Xavier Reservation; and
``(B) a description of the legal status exchanged
land should have to maintain the political integrity of
the San Xavier Reservation.
``(3) Limitation on expenditures.--In carrying out this
subsection, the Secretary shall expend not more than $250,000.
``SEC. 312. WAIVER AND RELEASE OF CLAIMS.
``(a) Waiver of Claims by the Nation.--Except as provided in
subsection (d), the Tohono O'odham settlement agreement shall provide
that the Nation waives and releases--
``(1) any and all past, present, and future claims for water
rights (including claims based on aboriginal occupancy) arising
from time immemorial and, thereafter, forever, and claims for
injuries to water rights arising from time immemorial through
the enforceability date, for land within the Tucson management
area, against--
``(A) the State (or any agency or political
subdivision of the State);
``(B) any municipal corporation; and
``(C) any other person or entity;
``(2) any and all claims for water rights arising from time
immemorial and, thereafter, forever, claims for injuries to
water rights arising from time immemorial through the
enforceability date, and claims for failure to protect, acquire,
or develop water rights for land within the San Xavier
Reservation and the eastern Schuk Toak District from time
immemorial through the enforceability date, against the United
States (including any agency, officer, and employee of the
United States);
``(3) any and all claims for injury to water rights arising
after the enforceability date for land within the San Xavier
Reservation and the eastern Schuk Toak District resulting from
the off-Reservation diversion or use of water in a manner
[[Page 118 STAT. 3563]]
not in violation of the Tohono O'odham settlement agreement or
State law against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity; and
``(4) any and all past, present, and future claims arising
out of or relating to the negotiation or execution of the Tohono
O'odham settlement agreement or the negotiation or enactment of
this title, against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity.
``(b) Waiver of Claims by the Allottee Classes.--The Tohono O'odham
settlement agreement shall provide that each allottee class waives and
releases--
``(1) any and all past, present, and future claims for water
rights (including claims based on aboriginal occupancy) arising
from time immemorial and, thereafter, forever, claims for
injuries to water rights arising from time immemorial through
the enforceability date for land within the San Xavier
Reservation, against--
``(A) the State (or any agency or political
subdivision of the State);
``(B) any municipal corporation; and
``(C) any other person or entity (other than the
Nation);
``(2) any and all claims for water rights arising from time
immemorial and, thereafter, forever, claims for injuries to
water rights arising from time immemorial through the
enforceability date, and claims for failure to protect, acquire,
or develop water rights for land within the San Xavier
Reservation from time immemorial through the enforceability
date, against the United States (including any agency, officer,
and employee of the United States);
``(3) any and all claims for injury to water rights arising
after the enforceability date for land within the San Xavier
Reservation resulting from the off-Reservation diversion or use
of water in a manner not in violation of the Tohono O'odham
settlement agreement or State law against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity;
``(4) any and all past, present, and future claims arising
out of or relating to the negotiation or execution of the Tohono
O'odham settlement agreement or the negotiation or enactment of
this title, against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity; and
[[Page 118 STAT. 3564]]
``(5) any and all past, present, and future claims for water
rights arising from time immemorial and, thereafter, forever,
and claims for injuries to water rights arising from time
immemorial through the enforceability date, against the Nation
(except that under section 307(a)(1)(G) and subsections (a) and
(b) of section 308, the allottees and fee owners of allotted
land shall retain rights to share in the water resources granted
or confirmed under this title and the Tohono O'odham settlement
agreement with respect to uses within the San Xavier
Reservation).
``(c) Waiver of Claims by the United States.--Except as provided in
subsection (d), the Tohono O'odham settlement agreement shall provide
that the United States as Trustee waives and releases--
``(1) any and all past, present, and future claims for water
rights (including claims based on aboriginal occupancy) arising
from time immemorial and, thereafter, forever, and claims for
injuries to water rights arising from time immemorial through
the enforceability date, for land within the Tucson management
area against--
``(A) the Nation;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity;
``(2) any and all claims for injury to water rights arising
after the enforceability date for land within the San Xavier
Reservation and the eastern Schuk Toak District resulting from
the off-Reservation diversion or use of water in a manner not in
violation of the Tohono O'odham settlement agreement or State
law against--
``(A) the Nation;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity;
``(3) on and after the enforceability date, any and all
claims on behalf of the allottees for injuries to water rights
against the Nation (except that under section 307(a)(1)(G) and
subsections (a) and (b) of section 308, the allottees shall
retain rights to share in the water resources granted or
confirmed under this title and the Tohono O'odham settlement
agreement with respect to uses within the San Xavier
Reservation); and
``(4) claims against Asarco on behalf of the allottee class
for the fourth cause of action in Alvarez v. City of Tucson
(Civ. No. 93-039 TUC FRZ (D. Ariz., filed April 21, 1993)), in
accordance with the terms and conditions of the Asarco
agreement.
``(d) Claims Relating to Groundwater Protection Program.--The Nation
and the United States as Trustee--
``(1) shall have the right to assert any claims granted by a
State law implementing the groundwater protection program
described in paragraph 8.8 of the Tohono O'odham settlement
agreement; and
``(2) if, after the enforceability date, the State law is
amended so as to have a material adverse effect on the Nation,
shall have a right to relief in the State court having
jurisdiction
[[Page 118 STAT. 3565]]
over Gila River adjudication proceedings and decrees, against an
owner of any nonexempt well drilled after the effective date of
the amendment (if the well actually and substantially interferes
with groundwater pumping occurring on the San Xavier
Reservation), from the incremental effect of the groundwater
pumping that exceeds that which would have been allowable had
the State law not been amended.
``(e) Supplemental Waivers of Claims.--Any party to the Tohono
O'odham settlement agreement may waive and release, prohibit the
assertion of, or agree not to assert, any claims (including claims for
subsidence damage or injury to water quality) in addition to claims for
water rights and injuries to water rights on such terms and conditions
as may be agreed to by the parties.
``(f) Rights of Allottees; Prohibition of Claims.--
``(1) In general.--As of the enforceability date--
``(A) the water rights and other benefits granted or
confirmed by this title and the Tohono O'odham
settlement agreement shall be in full satisfaction of--
``(i) all claims for water rights and claims
for injuries to water rights of the Nation; and
``(ii) all claims for water rights and
injuries to water rights of the allottees;
``(B) any entitlement to water within the Tucson
management area of the Nation, or of any allottee, shall
be satisfied out of the water resources granted or
confirmed under this title and the Tohono O'odham
settlement agreement; and
``(C) any rights of the allottees to groundwater,
surface water, or effluent shall be limited to the water
rights granted or confirmed under this title and the
Tohono O'odham settlement agreement.
``(2) Limitation of certain claims by allottees.--No
allottee within the San Xavier Reservation may--
``(A) assert any past, present, or future claim for
water rights arising from time immemorial and,
thereafter, forever, or any claim for injury to water
rights (including future injury to water rights) arising
from time immemorial and thereafter, forever, against--
``(i) the United States;
``(ii) the State (or any agency or political
subdivision of the State);
``(iii) any municipal corporation; or
``(iv) any other person or entity; or
``(B) continue to assert a claim described in
subparagraph (A), if the claim was first asserted before
the enforceability date.
``(3) Claims by fee owners of allotted land.--
``(A) In general.--No fee owner of allotted land
within the San Xavier Reservation may assert any claim
to the extent that--
``(i) the claim has been waived and released
in the Tohono O'odham settlement agreement; and
``(ii) the fee owner of allotted land
asserting the claim is a member of the applicable
allottee class.
``(B) Offset.--Any benefits awarded to a fee owner
of allotted land as a result of a successful claim shall
[[Page 118 STAT. 3566]]
be offset by benefits received by that fee owner of
allotted land under this title.
``(4) Limitation of claims against the nation.--
``(A) In general.--Except as provided in
subparagraph (B), no allottee may assert against the
Nation any claims for water rights arising from time
immemorial and, thereafter, forever, claims for injury
to water rights arising from time immemorial and
thereafter forever.
``(B) Exception.--Under section 307(a)(1)(G) and
subsections (a) and (b) of section 308, the allottees
shall retain rights to share in the water resources
granted or confirmed under this title and the Tohono
O'odham settlement agreement.
``(g) Consent.--
``(1) Grant of consent.--Congress grants to the Nation and
the San Xavier Cooperative Association under section 305(d)
consent to maintain civil actions against the United States in
the courts of the United States under section 1346, 1491, or
1505 of title 28, United States Code, respectively, to recover
damages, if any, for the breach of any obligation of the
Secretary under those sections.
``(2) Remedy.--
``(A) In general.--Subject to subparagraph (B), the
exclusive remedy for a civil action maintained under
this subsection shall be monetary damages.
``(B) Offset.--An award for damages for a claim
under this subsection shall be offset against the amount
of funds--
``(i) made available by any Act of Congress;
and
``(ii) paid to the claimant by the Secretary
in partial or complete satisfaction of the claim.
``(3) No claims established.--Except as provided in
paragraph (1), nothing in the subsection establishes any claim
against the United States.
``(h) Jurisdiction; Waiver of Immunity; Parties.--
``(1) Jurisdiction.--
``(A) In general.--Except as provided in subsection
(i), the State court having jurisdiction over Gila River
adjudication proceedings and decrees, shall have
jurisdiction over--
``(i) civil actions relating to the
interpretation and enforcement of--
``(I) this title;
``(II) the Tohono O'odham settlement
agreement; and
``(III) agreements referred to in
section 309(h)(2); and
``(ii) civil actions brought by or against the
allottees or fee owners of allotted land for the
interpretation of, or legal or equitable remedies
with respect to, claims of the allottees or fee
owners of allotted land that are not claims for
water rights, injuries to water rights or other
claims that are barred or waived and released
under this title or the Tohono O'odham settlement
agreement.
[[Page 118 STAT. 3567]]
``(B) Limitation.--Except as provided in
subparagraph (A), no State court or court of the Nation
shall have jurisdiction over any civil action described
in subparagraph (A).
``(2) Waiver.--
``(A) In general.--The United States and the Nation
waive sovereign immunity solely for claims for--
``(i) declaratory judgment or injunctive
relief in any civil action arising under this
title; and
``(ii) such claims and remedies as may be
prescribed in any agreement authorized under this
title.
``(B) Limitation on standing.--If a governmental
entity not described in subparagraph (A) asserts
immunity in any civil action that arises under this
title (unless the entity waives immunity for declaratory
judgment or injunctive relief) or any agreement
authorized under this title (unless the entity waives
immunity for the claims and remedies prescribed in the
agreement)--
``(i) the governmental entity shall not have
standing to initiate or assert any claim, or seek
any remedy against the United States or the
Nation, in the civil action; and
``(ii) the waivers of sovereign immunity under
subparagraph (A) shall have no effect in the civil
action.
``(C) Monetary relief.--A waiver of immunity under
this paragraph shall not extend to any claim for
damages, costs, attorneys' fees, or other monetary
relief.
``(3) Nation as a party.--
``(A) <<NOTE: Deadline. Notice.>> In general.--Not
later than 60 days before the date on which a civil
action under paragraph (1)(A)(ii) is filed by an
allottee or fee owner of allotted land, the allottee or
fee owner, as the case may be, shall provide to the
Nation a notice of intent to file the civil action,
accompanied by a request for consultation.
``(B) Joinder.--If the Nation is not a party to a
civil action as originally commenced under paragraph
(1)(A)(ii), the Nation shall be joined as a party.
``(i) Regulation and Jurisdiction Over Dispute Resolution.--
``(1) Regulation.--The Nation shall have jurisdiction to
manage, control, permit, administer, and otherwise regulate the
water resources granted or confirmed under this title and the
Tohono O'odham settlement agreement--
``(A) with respect to the use of those resources
by--
``(i) the Nation;
``(ii) individual members of the Nation;
``(iii) districts of the Nation; and
``(iv) allottees; and
``(B) with respect to any entitlement to those
resources for which a fee owner of allotted land has
received a final determination under applicable law.
``(2) Jurisdiction.--Subject to a requirement of exhaustion
of any administrative or other remedies prescribed under the
laws of the Nation, jurisdiction over any disputes relating to
the matters described in paragraph (1) shall be vested in the
courts of the Nation.
[[Page 118 STAT. 3568]]
``(3) Applicable law.--The regulatory and remedial
procedures referred to in paragraphs (1) and (2) shall be
subject to all applicable law.
``(j) Federal Jurisdiction.--The Federal Courts shall have
concurrent jurisdiction over actions described in subsection 312(h) to
the extent otherwise provided in Federal law.
``SEC. 313. AFTER-ACQUIRED TRUST LAND.
``(a) In General.--Except as provided in subsection (b)--
``(1) the Nation may seek to have taken into trust by the
United States, for the benefit of the Nation, legal title to
additional land within the State and outside the exterior
boundaries of the Nation's Reservation only in accordance with
an Act of Congress specifically authorizing the transfer for the
benefit of the Nation;
``(2) lands taken into trust under paragraph (1) shall
include only such water rights and water use privileges as are
consistent with State water law and State water management
policy; and
``(3) after-acquired trust land shall not include Federal
reserved rights to surface water or groundwater.
``(b) Exception.--Subsection (a) shall not apply to land acquired by
the Nation under the Gila Bend Indian Reservation Lands Replacement Act
(100 Stat. 1798).
``SEC. 314. NONREIMBURSABLE COSTS.
``(a) Central Arizona Water Conservation District.--For the purpose
of determining the allocation and repayment of costs of any stage of the
Central Arizona Project, the costs associated with the delivery of
Central Arizona Project water acquired under sections 304(a) and 306(a),
whether that water is delivered for use by the Nation or in accordance
with any assignment, exchange, lease, option to lease, or other
agreement for the temporary disposition of water entered into by the
Nation--
``(1) shall be nonreimbursable; and
``(2) shall be excluded from the repayment obligation of the
Central Arizona Water Conservation District.
``(b) Claims by United States.--The United States shall--
``(1) make no claim against the Nation or any allottee for
reimbursement or repayment of any cost associated with--
``(A) the construction of facilities under the
Colorado River Basin Project Act (43 U.S.C. 1501 et
seq.);
``(B) the delivery of Central Arizona Project water
for any use authorized under this title; or
``(C) the implementation of this title;
``(2) make no claim against the Nation for reimbursement or
repayment of the costs associated with the construction of
facilities described in paragraph (1)(A) for the benefit of and
use on land that--
``(A) is known as the `San Lucy Farm'; and
``(B) was acquired by the Nation under the Gila Bend
Indian Reservation Lands Replacement Act (100 Stat.
1798); and
``(3) impose no assessment with respect to the costs
referred to in paragraphs (1) and (2) against--
``(A) trust or allotted land within the Nation's
Reservation; or
``(B) the land described in paragraph (2).
[[Page 118 STAT. 3569]]
``SEC. 315. TRUST FUND.
``(a) Reauthorization.--Congress reauthorizes the trust fund
established by section 309 of the 1982 Act, containing an initial
deposit of $15,000,000 made under that section, for use in carrying out
this title.
``(b) Expenditure and Investment.--Subject to the limitations of
subsection (d), the principal and all accrued interest and dividends in
the trust fund established under section 309 of the 1982 Act may be--
``(1) expended by the Nation for any governmental purpose;
and
``(2) invested by the Nation in accordance with such
policies as the Nation may adopt.
``(c) Responsibility of Secretary.--The Secretary shall not--
``(1) be responsible for the review, approval, or audit of
the use and expenditure of any funds from the trust fund
reauthorized by subsection (a); or
``(2) be subject to liability for any claim or cause of
action arising from the use or expenditure by the Nation of
those funds.
``(d) Conditions of Trust.--
``(1) Reserve for the cost of subjugation.--The Nation shall
reserve in the trust fund reauthorized by subsection (a)--
``(A) the principal amount of at least $3,000,000;
and
``(B) interest on that amount that accrues during
the period beginning on the enforceability date and
ending on the earlier of--
``(i) the date on which full payment of such
costs has been made; or
``(ii) the date that is 10 years after the
enforceability date.
``(2) Payment.--The costs described in paragraph (1) shall
be paid in the amount, on the terms, and for the purposes
prescribed in section 307(a)(1)(F).
``(3) Limitation on restrictions.--On the occurrence of an
event described in clause (i) or (ii) of paragraph (1)(B)--
``(A) the restrictions imposed on funds from the
trust fund described in paragraph (1) shall terminate;
and
``(B) any of those funds remaining that were
reserved under paragraph (1) may be used by the Nation
under subsection (b)(1).
``SEC. 316. MISCELLANEOUS PROVISIONS.
``(a) In General.--Nothing in this title--
``(1) establishes the applicability or inapplicability to
groundwater of any doctrine of Federal reserved rights;
``(2) limits the ability of the Nation to enter into any
agreement with the Arizona Water Banking Authority (or a
successor agency) in accordance with State law;
``(3) prohibits the Nation, any individual member of the
Nation, an allottee, or a fee owner of allotted land in the San
Xavier Reservation from lawfully acquiring water rights for use
in the Tucson management area in addition to the water rights
granted or confirmed under this title and the Tohono O'odham
settlement agreement;
``(4) abrogates any rights or remedies existing under
section 1346 or 1491 of title 28, United States Code;
[[Page 118 STAT. 3570]]
``(5) affects the obligations of the parties under the
Agreement of December 11, 1980, with respect to the 8,000 acre
feet of Central Arizona Project water contracted by the Nation
for the Sif Oidak District;
``(6)(A) applies to any exempt well;
``(B) prohibits or limits the drilling of any exempt well
within--
``(i) the San Xavier Reservation; or
``(ii) the eastern Schuk Toak District; or
``(C) subjects water from any exempt well to any pumping
limitation under this title; or
``(7) diminishes or abrogates rights to use water under--
``(A) contracts of the Nation in existence before
the enforceability date; or
``(B) the well site agreement referred to in the
Asarco agreement and any well site agreement entered
into under the Asarco agreement.
``(b) No Effect on Future Allocations.--Water received under a lease
or exchange of Central Arizona Project water under this title does not
affect any future allocation or reallocation of Central Arizona Project
water by the Secretary.
``(c) Limitation on Liability of United States.--
``(1) In general.--The United States shall have no trust or
other obligation--
``(A) to monitor, administer, or account for, in any
manner, any of the funds paid to the Nation or the San
Xavier District under this Act; or
``(B) to review or approve the expenditure of those
funds.
``(2) Indemnification.--The Nation shall indemnify the
United States, and hold the United States harmless, with respect
to any and all claims (including claims for takings or breach of
trust) arising out of the receipt or expenditure of funds
described in paragraph (1)(A).
``SEC. 317. AUTHORIZED COSTS.
``(a) In General.--There are authorized to be appropriated--
``(1) to construct features of irrigation systems described
in paragraphs (1) through (4) of section 304(c) that are not
authorized to be constructed under any other provision of law,
an amount equal to the sum of--
``(A) $3,500,000; and
``(B) such additional amount as the Secretary
determines to be necessary to adjust the amount under
subparagraph (A) to account for ordinary fluctuations in
the costs of construction of irrigation features for the
period beginning on October 12, 1982, and ending on the
date on which the construction of the features described
in this subparagraph is initiated, as indicated by
engineering cost indices applicable to the type of
construction involved;
``(2) $18,300,000 in lieu of construction to implement
section 304(c)(3)(B), including an adjustment representing
interest that would have been earned if this amount had been
deposited in the cooperative fund during the period beginning on
January 1, 2008, and ending on the date the amount is actually
paid to the San Xavier District;
[[Page 118 STAT. 3571]]
``(3) $891,200 to develop and initiate a water management
plan for the San Xavier Reservation under section 308(d);
``(4) $237,200 to develop and initiate a water management
plan for the eastern Schuk Toak District under section 308(d);
``(5) $4,000,000 to complete the water resources study under
section 311(d);
``(6) $215,000 to develop and initiate a groundwater
monitoring program for the San Xavier Reservation under section
311(c)(1);
``(7) $175,000 to develop and implement a groundwater
monitoring program for the eastern Schuk Toak District under
section 311(c)(2);
``(8) $250,000 to complete the Asarco land exchange study
under section 311(f); and
``(9) such additional sums as are necessary to carry out the
provisions of this title other than the provisions referred to
in paragraphs (1) through (8).
``(b) Treatment of Appropriated Amounts.--Amounts made available
under subsection (a) shall be considered to be authorized costs for
purposes of section 403(f)(2)(D)(iii) of the Colorado River Basin
Project Act (43 U.S.C. 1543(f)(2)(D)(iii)) (as amended by section 107(a)
of the Arizona Water Settlements Act).''.
SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT EFFECTIVE DATE.
(a) Definitions.--The definitions under section 301 of the Southern
Arizona Water Rights Settlement Amendments Act of 2004 (as contained in
the amendment made by section 301) shall apply to this title.
(b) <<NOTE: Federal Register, publication.>> Effective Date.--This
title and the amendments made by this title take effect as of the
enforceability date, which is the date the Secretary publishes in the
Federal Register a statement of findings that--
(1)(A) to the extent that the Tohono O'odham settlement
agreement conflicts with this title or an amendment made by this
title, the Tohono O'odham settlement agreement has been revised
through an amendment to eliminate those conflicts; and
(B) the Tohono O'odham settlement agreement, as so revised,
has been executed by the parties and the Secretary;
(2) the Secretary and other parties to the agreements
described in section 309(h)(2) of the Southern Arizona Water
Rights Settlement Amendments Act of 2004 (as contained in the
amendment made by section 301) have executed those agreements;
(3) the Secretary has approved the interim allottee water
rights code described in section 308(b)(3)(A) of the Southern
Arizona Water Rights Settlement Amendments Act of 2004 (as
contained in the amendment made by section 301);
(4) final dismissal with prejudice has been entered in each
of the Alvarez case and the Tucson case on the sole condition
that the Secretary publishes the findings specified in this
section;
(5) the judgment and decree attached to the Tohono O'odham
settlement agreement as exhibit 17.1 has been approved by the
State court having jurisdiction over the Gila
[[Page 118 STAT. 3572]]
River adjudication proceedings, and that judgment and decree
have become final and nonappealable;
(6) implementation costs have been identified and retained
in the Lower Colorado River Basin Development Fund,
specifically--
(A) $18,300,000 to implement section 304(c)(3);
(B) $891,200 to implement a water management plan
for the San Xavier Reservation under section 308(d) of
the Southern Arizona Water Rights Settlement Amendments
Act of 2004 (as contained in the amendment made by
section 301);
(C) $237,200 to implement a water management plan
for the eastern Schuk Toak District under section 308(d)
of the Southern Arizona Water Rights Settlement
Amendments Act of 2004 (as contained in the amendment
made by section 301);
(D) $4,000,000 to complete the water resources study
under section 311(d) of the Southern Arizona Water
Rights Settlement Amendments Act of 2004 (as contained
in the amendment made by section 301);
(E) $215,000 to develop and implement a groundwater
monitoring program for the San Xavier Reservation under
section 311(c)(1) of the Southern Arizona Water Rights
Settlement Amendments Act of 2004 (as contained in the
amendment made by section 301);
(F) $175,000 to develop and implement a groundwater
monitoring program for the eastern Schuk Toak District
under section 311(c)(2) of the Southern Arizona Water
Rights Settlement Amendments Act of 2004 (as contained
in the amendment made by section 301); and
(G) $250,000 to complete the Asarco land exchange
study under section 311(f) of the Southern Arizona Water
Rights Settlement Amendments Act of 2004 (as contained
in the amendment made by section 301);
(7) the State has enacted legislation that--
(A) qualifies the Nation to earn long-term storage
credits under the Asarco agreement;
(B) implements the San Xavier groundwater protection
program in accordance with paragraph 8.8 of the Tohono
O'odham settlement agreement;
(C) enables the State to carry out section 306(b);
and
(D) confirms the jurisdiction of the State court
having jurisdiction over Gila River adjudication
proceedings and decrees to carry out the provisions of
sections 312(d) and 312(h) of the Southern Arizona Water
Rights Settlement Amendments Act of 2004 (as contained
in the amendment made by section 301);
(8) the Secretary and the State have agreed to an acceptable
firming schedule referred to in section 105(b)(2)(C); and
(9) a final judgment has been entered in Central Arizona
Water Conservation District v. United States (No. CIV 95-625-
TUC-WDB(EHC), No. CIV 95-1720-PHX-EHC) (Consolidated Action) in
accordance with the repayment stipulation as provided in section
207.
(c) <<NOTE: Deadline.>> Failure To Publish Statement of Findings.--
If the Secretary does not publish a statement of findings under
subsection (a) by December 31, 2007--
[[Page 118 STAT. 3573]]
(1) the 1982 Act shall remain in full force and effect;
(2) this title shall not take effect; and
(3) any funds made available by the State under this title
that are not expended, together with any interest on those
funds, shall immediately revert to the State.
TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT
SEC. 401. EFFECT OF TITLES I, II, AND III.
None of the provisions of title I, II, or III or the agreements,
attachments, exhibits, or stipulations referenced in those titles shall
be construed to--
(1) amend, alter, or limit the authority of--
(A) the United States to assert any claim against
any party, including any claim for water rights, injury
to water rights, or injury to water quality in its
capacity as trustee for the San Carlos Apache Tribe, its
members and allottees, or in any other capacity on
behalf of the San Carlos Apache Tribe, its members, and
allottees, in any judicial, administrative, or
legislative proceeding; or
(B) the San Carlos Apache Tribe to assert any claim
against any party, including any claim for water rights,
injury to water rights, or injury to water quality in
its own behalf or on behalf of its members and allottees
in any judicial, administrative, or legislative
proceeding consistent with title XXXVII of Public Law
102-575 (106 Stat. 4600, 4740); or
(2) amend or alter the CAP Contract for the San Carlos
Apache Tribe dated December 11, 1980, as amended April 29, 1999.
SEC. 402. ANNUAL REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and annually thereafter, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report that
describes the status of efforts to reach a negotiated agreement covering
the Gila River water rights claims of the San Carlos Apache Tribe.
(b) Termination.--This section shall be of no effect after the later
of--
(1) the date that is 3 years after the date of enactment of
this Act; or
(2) the date on which the Secretary submits a third annual
report under this section.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
(a) San Carlos Apache Tribe.--There is authorized to be appropriated
to assist the San Carlos Apache Tribe in completing comprehensive water
resources negotiations leading to a comprehensive Gila River water
settlement for the Tribe, including soil and water technical analyses,
legal, paralegal, and other related efforts, $150,000 for fiscal year
2006.
(b) White Mountain Apache Tribe.--There is authorized to be
appropriated to assist the White Mountain Apache Tribe in
[[Page 118 STAT. 3574]]
completing comprehensive water resources negotiations leading to a
comprehensive water settlement for the Tribe, including soil and water
technical analyses, legal, paralegal, and other related efforts,
$150,000 for fiscal year 2006.
(c) Other Arizona Indian Tribes.--There is authorized to be
appropriated to the Secretary to assist Arizona Indian tribes (other
than those specified in subsections (a) and (b)) in completing
comprehensive water resources negotiations leading to a comprehensive
water settlement for the Arizona Indian tribes, including soil and water
technical analyses, legal, paralegal, and other related efforts,
$300,000 for fiscal year 2006.
(d) No Limitation on Other Funding.--Amounts made available under
subsections (a), (b), and (c) shall not limit, and shall be in addition
to, other amounts available for Arizona tribal water rights negotiations
leading to comprehensive water settlements.
Approved December 10, 2004.
LEGISLATIVE HISTORY--S. 437 (H.R. 885):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-793 (Comm. on Resources).
SENATE REPORTS: No. 108-360 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 10, considered and passed Senate.
Nov. 17, considered and passed House.
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