[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Enrolled Bill (ENR)]
S.437
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) 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:

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f15cc2b9e8941ef3dde53f4637c072eee7859064ce93e69e58476531c4278857

TITLE II

-GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT

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;
(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--
(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 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.--
(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.
(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.
(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.

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TITLE IV

-SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT

(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.

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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.

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This title may be cited as the ``Central Arizona Project Settlement
Act of 2004''.

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TITLE I

-CENTRAL ARIZONA PROJECT SETTLEMENT

Congress finds that--
(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.

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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.).

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(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. 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 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
(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
(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 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.--
(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.

f833deb8b2f93d2672438144ee2194ea70cdc9174484523dde51b5217ada2e94

(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).

3ae6e0d5486d492e7fe33d7e17717453ef849b53a21ea3e1cbdc0d4c58fe02d2

(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.
(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.

573ed2501cc4752a7d2493b8295a3edb817cd93da11cc0427559d1a56fc18c26

(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 (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 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--
``(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, 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 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) 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) the date on which the findings described in section
207(c) are published in the Federal Register; or
(B) January 1, 2010.
(c) 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''.

d053a1eb89b9adf331a411fab116f51472e08c17f3bf596161b366b76aacaa93

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.

6c08589c5e8b6eacc23dcc0195093a46aa81db21d08cf15368bd3acf495db766

Section 11(h) of the Salt River Pima-Maricopa Indian Community
Water Rights Settlement Act of 1988 (102 Stat. 2559) is repealed.

a6defad2383e164ee07a6571f474ee94cdb558efe0a9fea9eb965fabe5d45971

(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 requiring that the
contractor manage the funds through interest-bearing investments.

7f4e23a099e7cc90523ceb206d80c84f2ead966ca8aab5c28836c26c9ae5df3a

(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) 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).

5af3ae86effafccdf91fa7ebb66b23192689d2f0c3ffc4319a942e6a1681d3df

This title may be cited as the ``Gila River Indian Community Water
Rights Settlement Act of 2004''.

689273fdabd6904293e156a8d964b7a3a79d83669ac88bcd9425d7a86fb55d56

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).

dfc16f7d8c9e67e65854a3a26bc37b82e719e36febfa5e6de06e5c80b1365f65

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 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) 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 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
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.

e23da17a12db03ceb470df6794b75bb9c369f7d4494d47d0aa55a78f78fac07f

(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 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
(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) 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 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.

a1738291c53e44af6f1df7585dcf4cca4bb16e0775f63e3cab19f4d0ba69f2f2

(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--
(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.
(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.

e22431feb20a1d7f2c6fe01cd68f721667d21a72f0783fe8e499b113f40d0030

(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 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.

9df4fc41d64c4c615e72e9b7a0807db9204a14cf02148ee1b947c10472e8c578

e06b4f426bca38309c843b0d451e850d59b0a0e39fe69f65f964189eee20c8f2

(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.--
(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.

db28f585f66386d1def8e1b9ab4e764ba5957247bdfbce396369294876afdfa4

(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 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.

475027cceb07ff2fdab5422ff3a532d12ae43075ad1fb64a22c9a139d1d8f2ee

(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.

3ef3b992ce58e7b5fadae8bf7d239949c3ab0b3232e7c83e33c4d40824ad2430

(a) Reduction of TBI Eligible Acres.--
(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) 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) 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 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. 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.--
(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 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.

0a6780553e8f953282565927c7bf11aced7e8fcb6565d9bf135ad5a681622943

(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) 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 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) 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 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) 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 (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) 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) 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)).

787ca430ab3263c69c9e0ba24d11a84f9182f4111d7707d29036f1d1aff42ad9

(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 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 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''.
(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.

57fd641a4fa091461047bf154413b319d4d4893065825ccbf87f30a6a49e49cc

(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 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)).

8b61b59202eea9dd49fda8ef55d309fff2351e90db3ff08aac1b39e29a8e6bc1

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.

aeae1c9490b59bef3cc8cc420f2de89c16193da2021fcc0cde113ad26c2ff97f

f2d1f54acc175dcfc2631db172771f2994dba3fe216d70d193bacd1c3766425f

TITLE III

-SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

(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) 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 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) Failure To Publish Statement of Findings.--If the Secretary
does not publish a statement of findings under subsection (a) by
December 31, 2007--
(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.

523d28724e3feab1badbb45a32cc81924702ab61e0768a850f664e7000ea5ea7

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.

378835ae34da9fba8af47a4d6c00137c55b8fa529a1f24ae4e1c530cc3aa5af1

(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.

ed5dcdfe2ec608d8068e7ec82c9e98172dd1dadefce890f725adcbed7c27d053

(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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

6da7b8fab05b254c0fabf58765ca707acf89a8208b8b484e56082779c51cefe3

Arizona Water Settlements Act — S. 437

Other Sections

TITLE II

TITLE IV

TITLE I

TITLE III

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