[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4746 Introduced in House (IH)]

  2d Session
                                H. R. 4746

   To provide for the settlement of the reserved water rights of the 
      Shivwits and for the construction of certain water projects.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 1998

  Mr. Hansen introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To provide for the settlement of the reserved water rights of the 
      Shivwits and for the construction of certain water projects.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shivwits Paiute Indian Band 
Settlement Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Santa Clara River, a tributary of the Virgin River, 
        flows through the reservation of the Shivwits Paiute Indian 
        Band.
            (2) The Santa Clara River is subject to erratic flows and 
        in most years does not supply sufficient water to satisfy all 
        existing water rights. The annual flow of the Santa Clara River 
        is characterized by either low flows or extremely high flood 
        flows, with very few average water years.
            (3) The Virgin River system is the subject of a Statutory 
        Adjudication of Water Rights pending in the Fifth Judicial 
        Court in and for Washington County, Utah (Civil No. 800507596).
            (4) The United States has been joined as a party in the 
        Statutory Adjudication of Water Rights and has filed a water 
        users claim asserting a reserved water right claim on behalf of 
        the Shivwits.
            (5) It is the official policy of the United States, in 
        fulfillment of its trust responsibility to Indian tribes, to 
        promote Indian self-determination and economic self-
        sufficiency, and to settle the water rights claims of Indian 
        tribes to avoid lengthy and costly litigation.
            (6) Any meaningful policy of Indian self-determination and 
        economic self-sufficiency requires the development of viable 
        Indian reservation economies.
            (7) The quantification of water rights and the development 
        of water use and storage facilities is essential to the 
        development of viable Indian reservation economies, 
        particularly in arid western States.
            (8) Recognizing that final resolution of pending Statutory 
        Adjudication litigation will take many years and entail great 
        expense to all parties, as well as prolong uncertainty as to 
        the availability of water supplies and impair the long-term 
        economic planning and development of all parties, the Shivwits, 
        the State of Utah and local water users have sought to settle 
        disputes over water and reduce the burdens of litigation.
            (9) After more than 5 years of negotiation (which included 
        participation by representatives of the United States 
        Government), the Shivwits, the Washington County Water 
        Conservancy District, the State of Utah, the City of St. 
        George, the Towns of Ivins and Santa Clara and local water user 
        companies have entered into a Memorandum of Understanding 
        executed by the Shivwits Band on March 26, 1998, to resolve all 
        water rights claims between and among themselves, to quantify 
        the Shivwits' entitlement to water, and to provide for the 
        construction of water projects to facilitate the settlement of 
        all claims.
            (10) Pursuant to the Memorandum of Understanding, the 
        Shivwits Band will receive a total of 4,000 acre-feet of water 
        from a combination of the Santa Clara drainage and the Virgin 
        River drainage which will be provided through the construction 
        of the Santa Clara Project and the St. George Water Reuse 
        Project (which are identified in the Memorandum of 
        Understanding).
            (11) To advance the goals of Federal Indian policy and to 
        fulfill the trust responsibility of the United States to the 
        Shivwits Band, it is appropriate that the United States 
        participate in the implementation of the Settlement Agreement 
        and contribute funds for the construction of such project 
        facilities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``Utah'' means the State of Utah.
            (3) The term ``Shivwits'' means the Shivwits Paiute Indian 
        Band, a constituent band of the Paiute Indian Tribe of Utah, a 
        federally recognized American Indian Tribe.
            (4) The term ``District'' means the Washington County Water 
        Conservancy District.
            (5) The term ``St. George'' means St. George City.
            (6) The term ``Statutory Adjudication'' means the statutory 
        adjudication of water rights pending in Washington County, 
        Civil No. 800507596.
            (7) The term ``MOU'' means the Memorandum of Understanding 
        executed by the Shivwits on March 26, 1998, to implement 
        construction, operation, and maintenance of the St. George 
        Water Reuse Project and the Santa Clara Project.
            (8) The term ``St. George Water Reuse Project'' means the 
        St. George Water Reuse Project described in paragraph (2) of 
        the MOU.
            (9) The term ``Santa Clara Project'' means the Santa Clara 
        Project as described in paragraph (1) of the MOU.

SEC. 4. PURPOSES.

    The purposes of this Act are to--
            (1) approve, ratify, and incorporate by reference the 
        Memorandum of Understanding between the Parties, and implement 
        the construction of the St. George Water Reuse Project and the 
        Santa Clara Project as provided for herein; and
            (2) authorize the actions and appropriations necessary for 
        the United States to fulfill its obligations under this Act.

SEC. 5. ST. GEORGE WATER REUSE PROJECT.

    (a) St. George Water Reuse Project.--The St. George Water Reuse 
Project shall consist of water treatment facilities, a pipeline and 
associated pumping and delivery facilities which will divert water from 
the Wastewater Treatment Plant located near St. George, Utah and 
transport this water for delivery and use in the Santa Clara River 
Basin by St. George and the Shivwits. The St. George Water Reuse 
Project shall be sized to deliver 2,000 acre-feet annually for use by 
the Shivwits, which will be in addition to the water delivered to St. 
George for its use. The Shivwits water shall be delivered by St. George 
through the St. George Water Reuse Project facilities to the eastern 
boundary of the Shivwits Reservation.
    (b) Project Construction Operation and Maintenance.--St. George 
shall be responsible for the engineering, construction, operation, and 
maintenance of the St. George Water Reuse Project.
    (c) Payment of Project Costs.--St. George and the Shivwits shall 
each be responsible for their proportionate share of the construction, 
operation, and maintenance costs of the St. George Water Reuse Project 
based on the respective quantity of water delivered to St. George and 
the Shivwits.
            (1) Share.--St. George shall fund its proportionate share 
        of the construction, operation, and maintenance of the St. 
        George Water Reuse Project.
            (2) Shivwits assistance for project.--In furtherance of the 
        settlement of the reserved water right claims of the Shivwits, 
        the Secretary shall make a grant in an amount equal to 
        $15,000,000 to St. George to cover the Shivwits' portion of the 
        construction, operation, and maintenance costs of the St. 
        George Water Reuse Project, on the condition that--
                    (A) the appropriate officials of St. George provide 
                assurances to the Secretary that St. George will carry 
                out the St. George Water Reuse Project and provide the 
                Shivwits with 2,000 acre-feet of water annually in a 
                manner consistent with the MOU;
                    (B) parties involved in the Santa Clara Project 
                agree that the Santa Clara Project will be carried out 
                and will provide the Shivwits up to an additional 1,900 
                acre-feet annually in a manner consistent with the MOU; 
                and
                    (C) the parties involved in the St. George Water 
                Reuse Project and the Santa Clara Project recognize an 
                additional 100 acre-feet annually of groundwater for 
                the Shivwits, as provided for in section 7(c) of this 
                Act.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of the Interior to provide 
        for the grant under paragraph (2), $15,000,000.
    (d) St. George Water Reuse Project Agreement.--The parties, 
including the Secretary shall implement the MOU and the construction of 
the St. George Water Reuse Project by the execution of a St. George 
Water Reuse Project Agreement consistent with the provisions of this 
Act.

SEC. 6. SANTA CLARA PROJECT.

    (a) Santa Clara Project.--The Santa Clara Project shall consist of 
a pressurized irrigation pipeline from the existing Gunlock Reservoir 
to the lower part of the Santa Clara River, along with main lateral 
pipelines. The Santa Clara Project will result in the pooling of the 
water rights of the Parties to the MOU, including the Shivwits. The 
water users shall receive their irrigation water from the Santa Clara 
Project based on a set delivery schedule. The water supply from the 
Santa Clara River for irrigation purposes shall be supplemented by 
groundwater provided by St. George and other water users and from the 
modified operation of the Gunlock Reservoir. It is projected that in an 
average or above average year, the Shivwits will receive 1,900 acre-
feet of water from the Santa Clara Project. In a below average year, 
all users, including the Shivwits, shall have a proportionate reduction 
in the quantity of water delivered.
    (b) Project Funding.--The Utah Legislature and Congress have each 
appropriated $750,000 toward the construction of the Santa Clara 
Project. The District shall provide a grant of $750,000 for the 
construction of the Santa Clara Project. The District shall also 
provide funding for the project in excess of the grants. All 
beneficiaries of the Santa Clara Project, except the Shivwits, shall 
pay the District their pro rata share of costs advanced by the District 
for the construction of the Project in excess of the Federal, State, 
and District grants.
    (c) Project Construction, Operation, and Maintenance.--The District 
shall be responsible for the engineering, construction, operation, and 
maintenance of the Santa Clara Project. An advisory committee, 
including all of the parties to the MOU, will assist the District in 
developing the final plan and budget for the Santa Clara Project, and 
advise the District on related construction, operation, and maintenance 
matters. All project beneficiaries, including the Shivwits, shall pay 
their pro rata share of operation and maintenance costs.
    (d) Santa Clara Project Agreement.--The parties, including the 
Secretary, will implement the MOU and the construction of the Santa 
Clara Project by the execution of a Santa Clara Project Agreement 
consistent with the provisions of this Act.

SEC. 7. SHIVWITS WATER RIGHTS.

    Subject to the provisions of this Act and the implementation of the 
MOU through the execution of a St. George Water Reuse Project Agreement 
and a Santa Clara Project Agreement and the construction of these 2 
projects, the Shivwits' claim to water is hereby settled as follows:
            (1) The Shivwits will receive a total of 1,900 acre-feet 
        annually from the Santa Clara River in an average and above 
        average year, and will have a proportionate reduction with 
        other Santa Clara Project water users in a below average year. 
        The 1,900 acre-feet provided for herein shall include the 
        500.60 acre-feet of water under Water Right Nos. 81-2313 and 
        81-2425 specified in the Proposed Determination of Water Rights 
        for the Santa Clara River-Beaver Dam Wash Division, Book No. 1 
        at Pages 199-200. The priority of the 1,900 acre-feet water 
        right provided for herein for the Shivwits shall be the same 
        priority as the other primary water users from the Santa Clara 
        River.
            (2) The Shivwits will receive 2,000 acre-feet of water 
        annually from the St. George Water Reuse Project. St. George 
        and the Shivwits shall have an equal priority to the water 
        provided from the St. George Water Reuse Project.
            (3) The Shivwits will also have the right to the 
        groundwater produced from existing wells located on the 
        reservation for 100 acre-feet of water annually. The priority 
        of the Shivwits groundwater right shall be 1916.
            (4) The Shivwits water right, specified in paragraphs (1), 
        (2), and (3) above, includes all water rights of every nature 
        and description derived from the reserved water right doctrine 
        and State water rights from all sources, both surface and 
        underground, and includes all types and kinds of uses 
        whatsoever and encompasses all claims asserted by and through 
        the Shivwits and all persons and entities whose claims or 
        rights are derived from the Shivwits. The Shivwits' water 
        rights provided for herein shall be deemed to have the 
        characteristics of Federal reserved water rights and shall not 
        be subject to loss by abandonment or forfeiture for nonuse.
            (5) The Shivwits may use the Shivwits Water Right for 
        either or both of the following:
                    (A) For any purpose anywhere on the Shivwits 
                Reservation.
                    (B) Off the Shivwits Reservation within the Virgin 
                River Drainage Basin in Washington County, Utah. The 
                Shivwits or the United States on behalf of the Shivwits 
                shall comply with the provisions of section 73-3-3, 
                Utah Code Annotated with regard to any change in point 
                of diversion, place, or nature of use off the Shivwits 
                Reservation. Any off reservation use of the Shivwits 
                Water Right shall also be in accordance with applicable 
                Federal law.

SEC. 8. INTERLOCUTORY DECREE.

    Following the construction of the St. George Water Reuse Project 
and the Santa Clara Project, the parties, including the Secretary, 
shall cooperate in obtaining an interlocutory decree in the Statutory 
Adjudication confirming the Shivwits' water right as provided for in 
section 7.

SEC. 9. ADDITIONAL PROJECTS.

    (a) Beaver Dam Wash Project.--The Shivwits shall have the right to 
participate with the District in the development and construction of 
the Beaver Dam Wash Project. The Shivwits will have the right to 
receive up to 1,000 acre-feet of water annually from the Beaver Dam 
Wash Project subject to the payment of their proportionate share of 
construction, operation, maintenance, and repair costs.
    (b) Other Projects and Purchases.--Nothing in this Act shall be 
interpreted or construed to prevent the Shivwits from participating in 
other water development projects, including the Lake Powell Pipeline 
Project, or from purchasing additional water rights for their benefit 
and use.

SEC. 10. ESTABLISHMENT OF TRUST FUND.

    (a) Establishment of Trust Fund.--There is hereby established in 
the Treasury a fund to be known as the Shivwits Band Resources 
Development Trust Fund (in this section referred to as the ``Fund'').
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $5,000,000 for deposit, in accordance with the 
        following schedule, in the Fund, to be expended by the Band for 
        any water resource development costs, including costs 
        associated with this settlement--
                    (A) $2,000,000 shall be deposited in the first 
                fiscal year which commences following the date of the 
                enactment of this Act;
                    (B) $2,000,000 during the fiscal year next 
                following the first fiscal year referred to in 
                subparagraph (A); and
                    (C) $1,000,000 during the fiscal year next 
                following the second fiscal year referred to in 
                subparagraph (B); and
            (2) such amounts as are necessary, for expenditures by the 
        Secretary, to pay the Band's share of the construction, 
        operation, maintenance, and replacement costs for the Gunlock 
        Pipeline Project and the St. George Reuse Project.
    (c) No Per Capita Payments.--No part of the principal of the fund, 
or of the income accruing to such fund, or the revenue from any water 
use subcontract, shall be distributed to any member of the Band on a 
per capita basis.

SEC. 11. ENVIRONMENTAL COMPLIANCE.

    (a) National Environmental Policy Act.--Execution of the St. George 
Water Reuse Agreement and the construction of the St. George Water 
Reuse Project shall not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by 
reason of the participation of the Shivwits or the Secretary in the St. 
George Water Reuse Project. The Secretary shall comply with all other 
aspects of the National Environmental Policy Act of 1969, the 
Endangered Species Act, and other applicable environmental laws and 
regulations in fulfilling the terms of the Santa Clara Project and the 
St. George Water Reuse Project Agreements.
    (b) Environmental Compliance.--There is hereby authorized to be 
appropriated such sums as may be necessary to carry out all necessary 
environmental compliance associated with this settlement, including 
mitigation measures adopted by the Secretary. The Secretary shall pay 
any additional environmental compliance costs associated with the St. 
George Water Reuse Project and the Santa Clara Project by reason of the 
Shivwits' involvement in these 2 projects.
    (c) Bureau of Land Management.--With respect to this settlement, 
the Bureau of Land Management shall be designated as the lead agency in 
regard to environmental compliance, and shall coordinate and cooperate 
with the other affected Federal agencies as required under applicable 
environmental laws.

SEC. 12. MISCELLANEOUS PROVISIONS.

    Nothing in the Settlement Agreement or this Act shall be construed 
in any way to quantify or otherwise adversely affect the land and water 
rights, claims, or entitlements to water of any Indian tribe, pueblo, 
or community, other than the Shivwits Band.
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