[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2351 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2351

    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 SENATE OF THE UNITED STATES

                             April 4, 2000

Mr. Hatch (for himself and Mr. Bennett) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 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 
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 for economic 
        development on the Shivwits Reservation.
            (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 2001 a total of $1,000,000 to assist 
with 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.
                                 <all>