[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3291 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3291
To provide for the settlement of the water rights claims of the
Shivwits Band of the Paiute Indian Tribe of Utah, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 10, 1999
Mr. Hansen introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for the settlement of the water rights claims of the
Shivwits Band of the Paiute Indian Tribe of Utah, and for other
purposes.
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 Band of the Paiute Indian
Tribe of Utah Water Rights Settlement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on July 21, 1980, the State of Utah, pursuant to title
73, chapter 4, Utah Code Ann. initiated a statutory
adjudication of water rights in the Fifth Judicial District
Court in Washington County, Utah, Civil No. 800507596, which
encompasses all of the rights to the use of water, both surface
and underground, within the drainage area of the Virgin River
and its tributaries in Utah (``Virgin River Adjudication''),
including the Santa Clara River Drainage (``Santa Clara
System'');
(2) the United States was joined as a party in the Virgin
River Adjudication pursuant to section 666 of title 43, United
States Code. On February 13, 1987, the United States filed a
Statement of Water User Claim asserting a water right based on
State law and a Federal reserved water rights claim on its own
behalf and on behalf of the Shivwits Band to water from the
Santa Clara River System;
(3) the Virgin River Adjudication will take many years to
conclude, entail great expense, and prolong uncertainty as to
the availability of water supplies, and thus the parties have
sought to settle their dispute over water and reduce the
burdens of litigation;
(4) after lengthy negotiation, which included participation
by representatives of the United States Government, the State
of Utah, the Shivwits Band, the Washington County Water
Conservancy District, the city of St. George, and other water
users on the Santa Clara River System, the parties have entered
into agreements to resolve all water rights claims between and
among themselves and to quantify the water right entitlement of
the Shivwits Band, and to provide for the construction of water
projects to facilitate the settlement of these claims;
(5) pursuant to the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, and the
Settlement Agreement, the Shivwits Band will receive the right
to a total of 4,000 acre-feet of water annually in settlement
of their existing State law claims and Federal reserved water
right claims;
(6) 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;
(7) any meaningful policy of Indian self-determination and
economic self-sufficiency requires the development of viable
Indian reservation economies;
(8) the quantification of water rights and the development
of water use facilities is essential to the development of
viable Indian reservation economies, particularly in the arid
western States; and
(9) 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 St. George Water Reuse
Project Agreement, the Santa Clara Project Agreement, and the
Settlement Agreement in accordance with this Act.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Santa Clara River for the
Shivwits Band, and the United States for the benefit of the
Shivwits Band;
(2) to approve, ratify, and confirm the St. George Water
Reuse Project Agreement, the Santa Clara Project Agreement, and
the Settlement Agreement, and the Shivwits Water Right
described therein;
(3) to authorize the Secretary of the Interior to execute
the St. George Water Reuse Project Agreement, the Santa Clara
Project Agreement, and the Settlement Agreement, and to take
such actions as are necessary to implement these agreements in
a manner consistent with this Act; and
(4) to authorize the appropriation of funds necessary for
implementation of the St. George Water Reuse Project Agreement,
the Santa Clara Project Agreement, and the Settlement
Agreement.
SEC. 4. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Utah.--The term ``Utah'' means the State of Utah, by
and through its Department of Natural Resources.
(3) Shivwits band.--The term ``Shivwits Band'' means the
Shivwits Band of the Paiute Indian Tribe of Utah, a constituent
band of the Paiute Indian Tribe of Utah, a federally recognized
Indian tribe organized under section 16 of the Indian
Reorganization Act of June 18, 1934 (48 Stat. 987; 25 U.S.C.
476), and the Act of April 3, 1980 (94 Stat. 317).
(4) District.--The term ``District'' means the Washington
County Water Conservancy District, a Utah water conservancy
district.
(5) St. george.--The term ``St. George'' means St. George
City, a Utah municipal corporation.
(6) Virgin river adjudication.--The term ``Virgin River
Adjudication'' means the statutory adjudication of water rights
initiated pursuant to title 73, chapter 4, Utah Code Ann. and
pending in the Fifth Judicial District Court in Washington
County, Utah, Civil No. 800507596.
(7) St. george water reuse project agreement.--The term
``St. George Water Reuse Project Agreement'' means the
agreement among the United States, Utah, the Shivwits Band, and
St. George City, together with all exhibits thereto, as the
same is approved and executed by the Secretary of the Interior
pursuant to section 8 of this Act.
(8) Santa clara project agreement.--The term ``Santa Clara
Project Agreement'' means the agreement among the United
States, Utah, the Shivwits Band, the Washington County Water
Conservancy District, St. George City, the town of Ivins, the
town of Santa Clara, the New Santa Clara Field Canal Company,
the St. George Clara Field Canal Company, the Ivins Irrigation
Company, the Southgate Irrigation Company, Bloomington
Irrigation Company, Ed Bowler, and the Lower Gunlock Reservoir
Company, together with all exhibits thereto, as the same is
approved and executed by the Secretary of the Interior pursuant
to section 8 of this Act.
(9) Settlement agreement.--The term ``Settlement
Agreement'' means that agreement among the United States, Utah,
the Shivwits Band, the Washington County Water Conservancy
District, St. George City, the town of Ivins, the town of Santa
Clara, the New Santa Clara Field Canal Company, the St. George
Clara Field Canal Company, the Ivins Irrigation Company, the
Southgate Irrigation Company, Bloomington Irrigation Company,
Ed Bowler, and the Lower Gunlock Reservoir Company, together
with all exhibits thereto, as the same is approved and executed
by the Secretary of the Interior pursuant to section 8 of this
Act.
(10) Shivwits water right.--The term ``Shivwits Water
Right'' means the water right of the Shivwits Band set forth in
the Settlement Agreement and as settled, confirmed, and
ratified by section 7 of this Act.
(11) Shivwits band water development trust fund.--The term
``Shivwits Band Water Development Trust Fund'' means the Trust
Fund authorized in section 11 of this Act to further the
purposes of the Settlement Agreement and 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 owned and operated by St.
George which is a component of and which shall divert water from the
Water Reclamation Facility located in St. George, Utah, and shall
transport this water for delivery and use by St. George and the
Shivwits Band. St. George shall make 2,000 acre-feet of water available
annually to the Shivwits Band at the eastern boundary of the Shivwits
Reservation from the St. George Water Reuse Project and in accordance
with the St. George Water Reuse Project Agreement and this Act.
(b) Project Construction Operation and Maintenance.--(1) St. George
shall be responsible for the engineering, permitting, construction,
operation, maintenance, repair, and replacement of the St. George Water
Reuse Project, and the payment of its proportionate share of these
project costs as provided for in the St. George Water Reuse Project
Agreement.
(2) The Shivwits Band and the United States on behalf of the
Shivwits Band shall make available, in accordance with the terms of the
St. George Water Reuse Agreement and this Act, a total of $15,000,000
to St. George for the proportionate share of the engineering,
permitting, construction, operation, maintenance, repair, and
replacement of the St. George Water Reuse Project associated with the
2,000 acre-feet annually to be provided to the Shivwits Band.
SEC. 6. SANTA CLARA PROJECT.
(a) Santa Clara Project.--The Santa Clara Project shall consist of
a pressurized pipeline from the existing Gunlock Reservoir across the
Shivwits Reservation to and including Ivins Reservoir, along with main
lateral pipelines. The Santa Clara Project shall pool and deliver the
water rights of the parties as set forth in the Santa Clara Agreement.
The Santa Clara Project shall deliver to the Shivwits Band a total of
1,900 acre-feet annually in accordance with the Santa Clara Project
Agreement and this Act.
(b) Instream Flow.--The Santa Clara Project shall release instream
flow water from the Gunlock Reservoir into the Santa Clara River for
the benefit of the Virgin Spinedace, in accordance with the Santa Clara
Project Agreement and this Act.
(c) Project Funding.--The Utah Legislature and Congress have each
appropriated grants of $750,000 for 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 provide any
additional funding required for the construction of the Santa Clara
Project. The parties to the Santa Clara Project Agreement, except the
Paiute Indian Tribe of Utah, Shivwits Band, and the United States on
behalf of the Shivwits Band, shall pay the District their proportionate
share of costs advanced by the District for the construction of the
project in excess of the Federal, State, and District grants.
(d) Project Construction, Operation, and Maintenance.--The District
shall be responsible for the permitting, engineering, construction, and
the initial operation and maintenance of the Santa Clara Project.
Operation, maintenance, repair, and replacement activities and costs of
the Santa Clara Project shall be handled in accordance with the terms
of the Santa Clara Project Agreement.
SEC. 7. SHIVWITS WATER RIGHT.
The Shivwits Band and its members shall have the following rights
to water, which are hereby settled, ratified, and confirmed and which
shall be held in trust by the United States on behalf of the Shivwits
Band and its members:
(1) The Shivwits Band shall have the right in perpetuity to
a total of 1,900 acre-feet annually from the Santa Clara River
System as set forth in the Santa Clara Project Agreement. The
priority of the Shivwits Band Water Right from the Santa Clara
River shall be 1890.
(2) The Shivwits Band shall have the right in perpetuity to
2,000 acre-feet of water annually from the St. George Water
Reuse Project as provided for in the St. George Water Reuse
Project Agreement. The Shivwits Band shall have first priority
to the water generated by the St. George Water Reuse Project.
(3) The Shivwits Band shall have a right in perpetuity to
100 acre-feet annually from groundwater on the Shivwits
Reservation. The priority of the Shivwits groundwater right
shall be 1916.
(4) The Shivwits Water Right shall not be subject to loss
by abandonment or forfeiture for nonuse.
(5) The Shivwits Band may use the Shivwits Water Right for
either or both of the following:
(A) For any purpose anywhere on the Shivwits Band
Reservation. Once the water is delivered to the
Reservation, such use shall not be subject to State
law, regulation, or jurisdiction.
(B) For any beneficial use off the Shivwits
Reservation in accordance with the St. George Water
Reuse Agreement, the Santa Clara Project Agreement, the
Settlement Agreement, and all applicable Federal and
State laws.
No service contract, lease, exchange, or other agreement
entered into under this subsection may permanently alienate any
portion of the Shivwits Water Right.
SEC. 8. RATIFICATION OF AGREEMENTS.
Except to the extent that the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, and the Settlement
Agreement conflict with the provisions of this Act, such agreements are
hereby approved, ratified, and confirmed. The Secretary is authorized
to execute, and take such other actions as are necessary to implement,
such agreements.
SEC. 9. SATISFACTION OF CLAIMS.
(a) Full Satisfaction of Claims.--The benefits realized by the
Shivwits Band and its members under the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, the Settlement Agreement,
and this Act shall constitute full and complete satisfaction of all
water rights claims of the Shivwits Band and its members for water
rights or injuries to water rights under Federal and State laws from
time immemorial to the effective date of this Act. Notwithstanding the
foregoing, nothing in this Act shall be--
(1) deemed to recognize or establish any right of a member
of the Shivwits Band to water on the Shivwits Reservation; or
(2) interpreted or construed to prevent or prohibit the
Shivwits Band from participating in the future in other water
projects, or from purchasing additional water rights for their
benefit and use, to the same extent as any other entity.
(b) Release.--The Shivwits Band on behalf of itself and its
members, the Paiute Indian Tribe of Utah on behalf of itself and its
members in the Santa Clara River System, and on behalf of the Shivwits
Band, and the Secretary on behalf of the United States, are authorized
as part of the performance of the obligations under the St. George
Water Reuse Project Agreement, the Santa Clara Project Agreement, and
the Settlement Agreement, to execute a waiver and release, except as
provided in the agreements, of all claims of water rights or injuries
to water rights from time immemorial to the effective date of this Act,
which the Shivwits Band and its members may have against the United
States, the State of Utah or any agency or political subdivision
thereof, or any other person, corporation, or municipal corporation,
arising under the laws of the United States or the State of Utah.
(c) Savings Provision.--In the event the authorizations contained
in subsection (b) of this section do not become effective pursuant to
section 14, the Shivwits Band and the United States shall retain the
right to assert past and future water rights claims as to all lands of
the Shivwits Reservation, and the water rights claims and defenses of
all other parties to the agreements shall also be retained.
SEC. 10. WATER RIGHTS AND HABITAT ACQUISITION PROGRAM.
(a) In General.--The Secretary is authorized to establish a water
rights and habitat acquisition program in the Virgin River Basin--
(1) primarily for the benefit of species and plants in the
Santa Clara River Basin which have been listed, are likely to
be listed, or are the subject of a duly approved conservation
agreement under the Endangered Species Act; and
(2) secondarily for the benefit of species and plants in
other parts of the Virgin River Basin which have been listed,
are likely to be listed, or are the subject of a duly approved
conservation agreement under the Endangered Species Act.
(b) Water and Water Rights.--The Secretary is authorized to acquire
water and water rights, with or without the lands to which such rights
are appurtenant, and to acquire shares in irrigation and water
companies, and to transfer, hold, and exercise such water and water
rights and related interests to assist the conservation and recovery of
any species or plant described in subsection (a).
(c) Requirements.--Acquisition of the water rights and related
interests pursuant to this section shall be subject to the following
requirements:
(1) Water rights acquired must satisfy eligibility criteria
adopted by the Secretary.
(2) Water right purchases shall be only from willing
sellers, but the Secretary may target purchases in areas deemed
by the Secretary to be most beneficial to the water rights
acquisition program established by this section.
(3) All water rights shall be transferred and administered
in accordance with any applicable State law.
(d) Habitat Property.--The Secretary is authorized to acquire,
hold, and transfer habitat property to assist the conservation and
recovery of any species or plants described in section 10(a).
Acquisition of habitat property pursuant to this section shall be
subject to the following requirements:
(1) Habitat property acquired must satisfy eligibility
criteria adopted by the Secretary.
(2) Habitat property purchases shall be only from willing
sellers, but the Secretary may target purchases in areas deemed
by the Secretary to be most beneficial to the habitat
acquisition program established by this section.
(e) Contract.--The Secretary is authorized to administer the water
rights and habitat acquisition program by contract or agreement with a
non-Federal entity which the Secretary determines to be qualified to
administer such program. The water rights and habitat acquisition
program shall be administered pursuant to the Virgin River Management
Program.
(f) Authorization.--There is authorized to be appropriated
$3,000,000 for the water rights and habitat acquisition program
authorized in this section. The funds authorized to be appropriated by
this section shall not be in lieu of or supersede any other commitments
by Federal, State, or local agencies.
SEC. 11. SHIVWITS BAND WATER DEVELOPMENT TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a fund to be known as the ``Shivwits Band
Water Development Trust Fund'' (hereinafter called the ``Trust Fund'').
The Secretary shall deposit into the Trust Fund the funds authorized to
be appropriated in subsections (b) and (c). Except as otherwise
provided in this Act, the Trust Fund principal and any income accruing
thereon shall be managed in accordance with the American Indian Trust
Fund Management Reform Act (108 Stat. 4239; 25 U.S.C. 4001 et seq.).
(b) Authorization.--There is authorized to be appropriated a total
of $20,000,000, in 2 equal annual installments in the 2001 and 2002
fiscal years for the following purposes:
(1) $5,000,000 which shall be made available to the
Shivwits Band from the Trust Fund for purposes including but
not limited to those that would enable the Shivwits Band to put
to beneficial use all or part of the Shivwits Water Right, to
defray the costs of any water development project in which the
Shivwits Band is participating, or to undertake any other
activity that may be necessary or desired for implementation of
the St. George Water Reuse Project Agreement, the Santa Clara
Project Agreement, the Settlement Agreement, or to fulfill the
purposes of this Act.
(2) $15,000,000 which shall be made available by the
Secretary and the Shivwits Band to St. George for the St.
George Water Reuse Project, in accordance with the St. George
Water Reuse Project Agreement.
(c) Share of Certain Costs.--There is authorized to be appropriated
to the Trust Fund in fiscal year 2003 a total of $1,000,000 to cover
the present value of the Shivwits Band's proportionate share of
operation, maintenance, repair, and replacement costs of the Santa
Clara Project as provided for in the Santa Clara Project Agreement.
(d) Use of the Trust Fund.--Except for the $15,000,000 appropriated
pursuant to subsection (b)(2), all Trust Fund principal and income
accruing thereon may be used by the Shivwits Band for the purposes
described in subsection (b)(1). The Shivwits Band, with the approval of
the Secretary, may withdraw the Trust Fund and deposit it in a mutually
agreed upon private financial institution. That withdrawal shall be
made pursuant to the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.).
(e) No Per Capita Payments.--No part of the principal of the Trust
Fund, or of the income accruing thereon, or of any revenue generated
from any water use subcontract, shall be distributed to any member of
the Shivwits Band on a per capita basis.
SEC. 12. ENVIRONMENTAL COMPLIANCE.
(a) National Environmental Policy Act.--Execution by the Secretary
of the St. George Water Reuse Project Agreement, the Santa Clara
Project Agreement, or the Settlement Agreement shall not constitute
major Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(b) Other Requirements.--The Secretary shall comply with all other
aspects of the National Environmental Policy Act (42 U.S.C. 4321 et
seq.), and other applicable environmental laws in implementing the
terms of the St. George Water Reuse Agreement, the Santa Clara Project
Agreement, the Settlement Agreement, and this Act.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) Other Indian Tribes.--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.
(b) Precedent.--Nothing in this Act shall be construed or
interpreted as a precedent for the litigation of reserved water rights
or the interpretation or administration of future water settlement
Acts.
SEC. 14. EFFECTIVE DATE.
The authorization contained in section 9(b) of this Act shall
become effective as of the date the Secretary causes to be published in
the Federal Register a statement of findings that--
(1) the funds authorized by section 11(b) and (c) have been
appropriated and deposited into the Trust Fund;
(2) the funds authorized by section 10(c) have been
appropriated;
(3) the St. George Water Reuse Project Agreement has been
modified to the extent it is in conflict with this Act and has
been executed by all parties thereto;
(4) the Santa Clara Project Agreement has been modified to
the extent it is in conflict with this Act and has been
executed by all parties thereto;
(5) the Settlement Agreement has been modified to the
extent it is in conflict with this Act and has been executed by
all parties thereto;
(6) the State Engineer of Utah has taken all actions and
approved all applications necessary to implement the provisions
of the St. George Water Reuse Agreement, the Santa Clara
Project Agreement, and the Settlement Agreement, from which no
further appeals may be taken; and
(7) the court has entered a decree confirming the Shivwits
Water Right in the Virgin River Adjudication.
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