[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 437
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2003
Mr. Kyl (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. General permissible uses of the Central Arizona Project.
Sec. 104. Allocation of Central Arizona Project water.
Sec. 105. Firming of Central Arizona Project Indian water.
Sec. 106. Acquisition of agricultural priority water.
Sec. 107. Lower Colorado River Basin Development Fund.
Sec. 108. Effect.
Sec. 109. Repeal.
Sec. 110. Authorization of appropriations.
Sec. 111. Repeal on failure of enforceability date under title II.
TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT
Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Approval of the Gila River Indian Community water rights
settlement agreement.
Sec. 204. Water rights.
Sec. 205. Community water delivery contract amendments.
Sec. 206. Extinguishment of claims.
Sec. 207. Waiver and release of claims.
Sec. 208. Gila River Indian Community Water OM&R Trust Fund.
Sec. 209. Subsidence remediation program.
Sec. 210. After-acquired trust land.
Sec. 211. Reduction of water rights.
Sec. 212. Miscellaneous provisions.
Sec. 213. Authorization of appropriations.
Sec. 214. Repeal on failure of enforceability date.
TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
Sec. 301. Southern Arizona water rights settlement.
Sec. 302. Southern Arizona water rights settlement effective date.
TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT
SEC. 2. DEFINITIONS.
In titles I and II:
(1) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(2) After-acquired trust land.--The term ``after-acquired
trust land'' means land that--
(A) is located--
(i) within the State; but
(ii) outside the exterior boundaries of the
Reservation; and
(B) is taken into trust by the United States for
the benefit of the Community after the enforceability
date.
(3) Agricultural priority water.--The term ``agricultural
priority water'' means Central Arizona Project non-Indian
agricultural priority water, as defined in the Gila River
agreement.
(4) Allottee.--The term ``allottee'' means a person that
holds a beneficial real property interest in an Indian
allotment that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(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. 14-06-W-245, 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 water
delivery contract.
(17) Community repayment contract.--
(A) In general.--The term ``Community repayment
contract'' means Contract No. 6-07-03-W0345 between the
United States and the Community dated May 4, 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. 3-07-30-W0284
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(d).
(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) 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-1 (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 (San Pedro)
(Consolidated).
(25) 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
July 1, 2002.
(B) Inclusions.--The term ``Gila River agreement''
includes--
(i) all exhibits to that agreement; and
(ii) any amendment to that agreement or to
an exhibit to that agreement made or added
pursuant to that agreement.
(26) 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.
(27) 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.
(28) Including.--The term ``including'' has the same
meaning as the term ``including, but not limited to''.
(29) 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.
(30) 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.
(31) 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).
(32) Master agreement.--The term ``master agreement'' means
the agreement entitled ``Arizona Water Settlement Agreement''
entered into by the Director, the Central Arizona Water
Conservation District, and the Secretary, dated July 1, 2002.
(33) 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 and the
Community members as of the enforceability date.
(34) Phelps dodge.--The term ``Phelps Dodge'' means the
Phelps Dodge Corporation, a New York corporation of that name,
and its subsidiaries, successors, or assigns.
(35) Repayment stipulation.--
(A) In general.--The term ``repayment stipulation''
means the 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 on May 3, 2000, in Central Arizona Water
Conservation District v. United States, et al., No. CIV
95-625-TUC-WDB(EHC), No. CIV 95-1720-PHX-EHC
(Consolidated Action).
(B) Inclusions.--The term ``repayment stipulation''
includes any amendment to or revision of the
stipulation described in subparagraph (A).
(36) Reservation.--
(A) In general.--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.
(37) 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.
(38) 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.
(39) Safford.--The term ``Safford'' means the city of
Safford, Arizona.
(40) 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.
(41) 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).
(42) 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.
(43) 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).
(44) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(45) Special hot lands.--The term ``special hot lands'' has
the meaning given the term in subparagraph 2.34 of the UVD
agreement.
(46) State.--The term ``State'' means the State of Arizona.
(47) 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.
(48) 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.
(49) TBI eligible acres.--The term ``TBI eligible acres''
has the meaning given the term in subparagraph 2.37 of the UVD
agreement.
(50) 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.
(51) 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.
(52) 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.
(53) UV subjugated land.--The term ``UV subjugated land''
has the meaning given the term in subparagraph 2.50 of the UVD
agreement.
(54) 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, and
other parties located in the upper valley of the Gila River,
dated July 1, 2002.
(55) UVD settling parties.--The term ``UVD settling
parties'' means the parties to the UVD agreement other than the
United States, the San Carlos Irrigation and Drainage District,
and the Community.
(56) 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.
(57) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, or effluent under Federal,
State, or other law.
(58) Water rights appurtenant to nm 381 acres.--The term
``water rights appurtenant to NM 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.
(59) Water rights for nm domestic purposes.--The term
``water rights for NM 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).
(60) 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.
(61) 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.
(62) 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.
TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Central Arizona Project Settlement
Act of 2003''.
SEC. 102. FINDINGS.
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, and the citizens of
the State.
SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL ARIZONA PROJECT.
In accordance with the CAP repayment contract, the Central Arizona
Project may be used to transport nonproject water for--
(1) domestic, municipal, fish and wildlife, and industrial
purposes; and
(2) any purpose authorized under the Colorado River Basin
Project Act (43 U.S.C. 1501 et seq.).
SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT WATER.
(a) Non-Indian Agricultural Priority Water.--
(1) Reallocation to 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) before the Secretary may reallocate the
water to an Arizona Indian tribe, Congress
enacts a law approving an Indian water rights
settlement for that Arizona Indian tribe that
provides for the reallocation; and
(ii) 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.
(2) Reallocation to the arizona department of water
resources.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall reallocate 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, in accordance with
paragraphs (1) and (2) of subsection (d) and any
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) 667,724 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) 747,276 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 delivered
to the State of New Mexico or to water users in New
Mexico as provided in section 304 of the Colorado River
Basin Project Act (43 U.S.C. 1524).
(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).
(d) Central Arizona Project Contracts and Subcontracts.--
(1) In general.--Notwithstanding section 6 of the Act of
August 4, 1939 (commonly known as 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 8.16 of the Gila River agreement
and 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;
and
(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 section
414 of title 43, Code of Federal Regulations; and
(B) delivered to users in Arizona in exchange for
Gila River water delivered to the State of New Mexico
or to water users in New Mexico as provided in section
304 of the Colorado River Basin Project Act (43 U.S.C.
1524).
(3) Effect of subsection.--Nothing in this subsection
prohibits any entity from entering into a contract with the
Arizona Water Banking Authority or a successor of the Authority
under State law.
SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN WATER.
(a) Firming Program.--The Secretary and the State shall develop a
firming program to ensure that 60,648 acre-feet of the agricultural
priority water made available pursuant to the master agreement and
reallocated to Arizona Indian tribes under subsection 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 Gila River Indian Community
under section 104(a)(1)(A)(i);
(B) firm 8,724 acre-feet of agricultural priority
water reallocated to Arizona Indian tribes under
section 104(a)(1)(A)(iii); and
(C) assist the Secretary in carrying out
obligations of the Secretary under paragraph (1)(A) in
accordance with section 306 of the Southern Arizona
Water Rights Settlement Amendments Act (as added by
section 301).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
the duties of the Secretary under subsection (b)(1).
SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY WATER.
(a) Approval of Agreement.--
(1) In general.--The master agreement is authorized,
ratified, and confirmed.
(2) Exhibits.--The Secretary shall execute any of the
exhibits to the master agreement that have not been executed as
of the date of enactment of this Act.
(b) Nonreimbursable Debt.--In accordance with the master agreement,
the portion of debt incurred under section 9(d) of the Act of August 4,
1939 (commonly known as the ``Reclamation Project Act of 1939'') (43
U.S.C. 485h), 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.
(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; and
(4) any person, entity, or land, solely on the basis of--
(A) receipt of any benefits under this Act;
(B) execution or performance of the Gila River
agreement; or
(C) the use, storage, delivery, lease, or exchange
of Central Arizona Project water.
SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.
(a) In General.--Section 403 of the Colorado River Basin Project
Act (43 U.S.C. 1543) is amended by striking subsection (f) and
inserting the following:
``(f) Additional Uses of Revenue Funds.--
``(1) Crediting against central arizona water conservation
district payments.--Funds credited to the development fund
pursuant to subsection (b) and paragraphs (1) and (3) of
subsection (c), the portion of revenues derived from the sale
of power and energy for use in the State of Arizona pursuant to
subsection (c)(2) in excess of the amount necessary to meet the
requirements of paragraphs (1) and (2) of subsection (d), and
any annual payment by the Central Arizona Water Conservation
District to effect repayment of reimbursable 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 fixed operation, maintenance, and
replacement charges associated with the delivery of
Central Arizona Project water under long-term contracts
for use by Arizona Indian tribes (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 207 of the Gila
River Indian Community Water Rights Settlement Act of
2003;
``(C) to pay an amount equal to $147,000,000,
adjusted to reflect changes since January 1, 2000, in
the Consumer Price Index for all urban consumers
published by the Department of Labor, to the Gila River
Indian Community to rehabilitate the San Carlos
Irrigation Project, of which not more than $25,000,000
shall be available annually, on request by the Gila
River Indian Community in accordance with attachment
6.5.1 of exhibit 20.1 of the Gila River Indian
Community Water Rights Settlement, dated July 1, 2002,
except that the total amount shall be increased or
decreased, as appropriate, based on ordinary
fluctuations 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, and without
regard to priority--
``(i) 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 May 4, 1998;
``(II) section 3707(a)(1) of the
San Carlos Apache Tribe Water Rights
Settlement Act of 1992 (106 Stat.
4747); and
``(III) subsections (a) and (b) of
section 304 of the Southern Arizona
Water Rights Settlement Amendments Act
of 2003;
``(ii) to pay any costs authorized by
Congress to be paid (including any costs to
construct distribution systems and excluding
costs otherwise payable by non-Federal, non-
Indian parties) under any Arizona Indian water
rights settlement Act enacted after May 9,
2000; and
``(iii) to pay other costs authorized
under--
``(I) the Gila River Indian
Community Water Rights Settlement Act
of 2003; or
``(II) the Southern Arizona Water
Rights Settlement Amendments Act of
2003;
``(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
Central Arizona Project 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, the applicable tribes shall be
treated, and payments shall be made, in
accordance with subparagraph (D)(ii); 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 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 associated with any Indian water rights
settlement 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 Act
of August 4, 1939 (commonly known as the ``Reclamation
Project Act of 1939'') (43 U.S.C. 485h(d)) made
nonreimbursable under section 106(b) of the Central
Arizona Project Settlement Act of 2003;
``(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
repayable 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.
Investments may be made only in interest-bearing
obligations of the United States.
``(B) 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.
``(C) Sale of obligations.--Any obligation acquired
by the development fund may be sold by the Secretary of
the Treasury at the market price.
``(D) 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.''.
(b) Limitation.--Before the date on which the findings of the
Secretary under section 207(d) have been published in the Federal
Register, amounts made available under the amendments in 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 date on which the findings described in section 207(d) are
published in the Federal Register.
(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)'';
(2) by striking ``clause'' each other place it appears and
inserting ``paragraph''; and
(3) by striking ``clauses'' each place it appears and
inserting ``paragraphs''.
SEC. 108. EFFECT.
Except for provisions relating to the allocation of Central Arizona
Project water and the Reclamation Reform Act of 1982 (43 U.S.C. 390aa
et seq.), nothing in this title affects--
(1) any treaty, law, or agreement governing the use of
water from the Colorado River; or
(2) any existing rights to use Colorado River water.
SEC. 109. REPEAL.
Section 11(h) of the Salt River Pima-Maricopa Indian Community
Water Rights Settlement Act of 1988 (102 Stat. 2559) is repealed.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to comply with--
(1) the 1994 biological opinion, including any funding
transfers required by the opinion;
(2) the 1996 biological opinion, including any funding
transfers required by the opinion; and
(3) any final biological opinion resulting from the 1999
biological opinion, including any funding transfers required by
the opinion.
(b) Construction Costs.--Amounts made available under subsection
(a) shall be treated as Central Arizona Project construction costs.
(c) Agreements.--
(1) In general.--Any amounts made available under
subsection (a) may be used to carry out agreements to
permanently fund long-term reasonable and prudent alternatives
in accepted biological opinions relating to the Central Arizona
Project.
(2) Requirements.--To ensure that long-term environmental
compliance may be met without further appropriations, an
agreement under paragraph (1) shall include a provision
requiring that the contractor manage the funds through
interest-bearing investments.
SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE UNDER TITLE II.
(a) In General.--Except as provided in subsection (b), if the
Secretary does not publish a statement of findings under section 207(d)
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 4, 2002 (67 Fed. Reg. 38514) shall be
considered to be a contract entered into by the Secretary for purposes
of subsection (a)(1).
TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Gila River Indian Community Water
Rights Settlement Act of 2003''.
SEC. 202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) it is the policy of the United States, in keeping with
the trust responsibility of the United States to Indian
tribes--
(A) to promote Indian self-determination and
economic self-sufficiency; and
(B) to settle, whenever possible, Indian water
rights claims without lengthy and costly litigation;
(2) meaningful Indian self-determination and economic self-
sufficiency largely depend on the development of viable Indian
reservation economies;
(3) the quantification of rights to water and development
of facilities needed to use tribal water supplies in an
effective manner is essential to the development of viable
Indian reservation economies, particularly in arid western
States;
(4) continued uncertainty concerning the extent of the
entitlement of the Gila River Indian Community to water--
(A) has severely limited access by the Community to
water and financial resources necessary to develop
valuable agricultural land; and
(B) has frustrated the efforts of the Community to
achieve meaningful self-determination and self-
sufficiency;
(5) proceedings to determine and enforce the full extent
and nature of, and injury to, the water rights of the Community
are currently pending in the United States District Court for
the District of Arizona, and water rights claims are pending in
the Superior Court of the State in and for Maricopa County as
part of the Gila River adjudication proceedings;
(6) because final resolution of pending litigation would
take many years and entail great expense, continue economically
and socially damaging limits to access to water by the
Community, prolong uncertainty concerning the availability of
water supplies, and seriously impair long-term economic
planning and development, the Community and the neighbors of
the Community have sought to settle their disputes concerning
water and reduce the burdens of litigation;
(7) after many years of negotiation, the United States, the
Community, and the neighbors of the Community, many of whom are
parties to the Gila River adjudication proceedings, have
entered into a settlement agreement to--
(A) resolve permanently certain damage claims and
all water rights claims between the United States and
the Community and its neighbors; and
(B) recognize the right of the allottees to use
water for irrigation purposes on the Reservation; and
(8) to advance the goals of Federal Indian policy and to
act consistently with the trust responsibility of the United
States to the Community and the allottees, it is appropriate
that the United States participate in the implementation of the
Gila River agreement and contribute funds to enable the
Community and the allottees to use the water entitlements
recognized or provided for in the Gila River agreement or this
title in developing a diverse and efficient economy.
(b) Purposes.--The purposes of this title are--
(1) to authorize, ratify, and confirm the Gila River
agreement;
(2) to authorize and direct the Secretary to execute and
perform all obligations of the Secretary under the Gila River
agreement; and
(3) 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.
SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMUNITY WATER RIGHTS
SETTLEMENT AGREEMENT.
(a) In General.--Except to the extent that the Gila River agreement
conflicts with a provision of this title, the Gila River agreement is
authorized, ratified, and confirmed.
(b) Execution of Agreement.--The Secretary 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) No major federal action.--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.).
(2) Environmental compliance activities.--The Secretary
shall promptly carry out the environmental compliance
activities necessary to implement the Gila River agreement,
including activities under the National Environmental Policy
Act and the Endangered Species Act (16 U.S.C. 1531 et seq.).
(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 accordance with this title and exhibit
20.1 to the Gila River agreement, and as provided in this
subsection, the Secretary shall provide for the rehabilitation
and operation, maintenance, and replacement of the San Carlos
Irrigation Project water diversion and delivery works.
(2) Joint control board agreement.--The Secretary shall
execute the joint control board agreement described in exhibit
20.1 to the Gila River agreement.
(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--
(i) funds available under paragraph
(2)(D)(iii)(I) of section 403(f) of the
Colorado River Basin Project Act (43 U.S.C.
1543(f)) (as amended by section 107(a)); or
(ii) funds made available under section
213(a).
(B) Supplementary repayment contract.--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, the San Carlos
Irrigation and Drainage District may use the
labor and contracting authorities that are
available under State law; and
(ii) 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) Operation and maintenance responsibility.--
(A) In general.--The Secretary shall retain the
operation and maintenance responsibility for the CRR
Project works until such time as the Community assumes
that responsibility pursuant to applicable law.
(B) Financial responsibility.--The Secretary shall
retain sole financial responsibility for the payment,
on behalf of the Community, of the portion of the
operation and maintenance costs that are attributable
to the Community for the operation and maintenance of
the San Carlos Irrigation Project.
SEC. 204. WATER RIGHTS.
(a) Rights Held in Trust.--
(1) In general.--Subject to paragraph (2), the water rights
of the Community described in the Gila River agreement shall be
held in trust by the United States on behalf of the Community.
(2) Allottees.--As specified in and provided for under this
Act, allottees shall be entitled to an allocation of water for
irrigation purposes from the water resources described in
subparagraph 4.1.1 of the Gila River agreement.
(3) No authorization.--Nothing in this Act authorizes any
action, claim, or lawsuit by an allottee against any person,
entity, corporation, or municipal corporation, or a tribal
government or the United States, under Federal, State, or other
law.
(b) Reallocation.--In accordance with this title and the Gila River
agreement, the Secretary shall reallocate to the Community and contract
for the delivery of--
(1) 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;
(2) 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. 3-07-W0290 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);
(3) on execution of an exchange and lease agreement among
the Community, the United States, and Asarco, an annual
entitlement 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
(4) 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.
(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 Community CAP water, 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 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.--Not later than 3 years after the
enforceability date, the Community shall enact a water code,
subject to any applicable provision of law, that--
(A) manages, regulates, and controls the water
resources on the Reservation;
(B) governs all of the water rights that are held
in trust by the United States for the benefit of the
Community; and
(C) includes, subject to approval of the
Secretary--
(i) a process by which any allottee, or any
successor in interest to an allottee, may
request and be provided with an allocation of
water for irrigation use on allotted land of
the allottee; and
(ii) a due process system for the
consideration and determination of any request
by any allottee, or any successor in interest
to an allottee, 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.
(3) Administration.--The Secretary shall administer all
rights to water granted or confirmed to the Community by the
Gila River agreement until such date as the water code
described in paragraph (2) has been enacted and approved by the
Secretary.
SEC. 205. COMMUNITY WATER DELIVERY CONTRACT AMENDMENTS.
(a) In General.--The Secretary shall amend the Community water
delivery contract to provide, among other things, in accordance with
the Gila River agreement, that--
(1) the contract shall be--
(A) for permanent service (within the meaning of
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--
(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 any
consideration received by the Community under any such leases
or options to lease and exchanges or options to exchange;
(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--
(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.--
Notwithstanding any other provision of law, 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 shall execute the contract.
(c) Leases.--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 shall execute the leases.
(d) Reclaimed Water Exchange Agreement.--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.
(e) Payment of Charges.--Neither the Community nor any recipient of
Community CAP water through lease or exchange shall be obligated to pay
water service capital charges or any other charges, payments, or fees
for the CAP water, except as provided in the lease or exchange
agreement.
(f) Prohibitions.--
(1) Use outside the state.--None of the Community CAP water
shall be leased, exchanged, forborne, or otherwise transferred
in any way by the Community for use directly or indirectly
outside the State.
(2) Use off reservation.--Except as authorized by this
section and subparagraph 4.7 of the Gila River agreement, no
water made available to the Community under the Gila River agreement,
the Globe Equity Decree, the Haggard Decree, or this title may be sold,
leased, transferred, or used off the Reservation other than by
exchange.
(3) Agreements with the arizona water banking authority.--
Nothing in this Act or the Gila River agreement limits the
right of the Community to enter into any agreement with the
Arizona Water Banking Authority, or any successor agency or
entity, in accordance with State law.
SEC. 206. SATISFACTION OF CLAIMS.
(a) In General.--The benefits realized by the Community, Community
members, and allottees under this title shall be in complete
replacement of and substitution for, and full satisfaction of, all
claims of the Community, Community members, and allottees for water
rights, injury to water rights, injury to water quality and subsidence
damage, except as set forth in the Gila River agreement, under Federal,
State, or other law with respect to the Reservation, off-Reservation
trust land, and fee land.
(b) No Recognition of Water Rights.--Notwithstanding subsection (a)
and except as provided in subsection 204(e), nothing in this title has
the effect of recognizing or establishing any right of a Community
member or allottee to water on the Reservation.
SEC. 207. WAIVER AND RELEASE OF CLAIMS.
(a) In General.--
(1) Claims against the state and others acting under
federal, state, or other law.--
(A) By the community.--Except as provided in the
Gila River agreement, the Community, on behalf of the
Community and Community members (but not members in
their capacities as allottees), and the Secretary, on
behalf of the Community and Community members (but not
members in their capacities as allottees), as part of
the performance of obligations under the Gila River
agreement, are authorized to execute a waiver and
release of any claims against the State (or any agency
or political subdivision of the State) or any other
person, entity, corporation, or municipal corporation
under Federal, State, or other law for--
(i)(I) past, present, and future claims for
water rights for land within the Reservation,
off-Reservation trust land, and fee land
arising from time immemorial and, thereafter,
forever; and
(II) past, present, and future claims for
water rights based on aboriginal occupancy of
land by the Community and Community members, or
their predecessors arising from time immemorial
and, thereafter, forever;
(ii)(I) past and present injury to water
rights for land within the Reservation, off-
Reservation trust land, and fee land arising
from time immemorial through the enforceability
date;
(II) past, present, and future injury to
water rights based on aboriginal occupancy of
land by the Community and Community members, or
their predecessors arising from time immemorial
and, thereafter, forever; and
(III) injury to water rights arising after
the enforceability date for land within the
Reservation, off-Reservation trust land, and
fee land resulting from the off-Reservation
diversion or use of water in a manner not in
violation of the Gila River agreement or State
law;
(iii)(I) past and present injury to water
quality (other than claims arising out of the
actions that resulted in the remediations
described in exhibit 25.2.1.6 to the Gila River
agreement), including claims for trespass,
nuisance, and real property damage and claims
under all current and future Federal, State,
and other environmental laws and regulations
(including claims under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
and Ariz. Rev. Stat. 49-282), for land within
the exterior boundaries of the Reservation,
off-Reservation trust land, and fee land
arising from time immemorial through December
31, 2002;
(II) past, present, and future injury to
water quality (other than claims arising out of
actions that resulted in the remediations
described in exhibit 25.2.1.6 to the Gila River
agreement), including claims for trespass,
nuisance, and real property damage and claims
under all current and future Federal, State,
and other environmental laws and regulations
(including claims under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
and Ariz. Rev. Stat. 49-282), that are based on
aboriginal occupancy of land by the Community
and Community members, or their predecessors,
arising from time immemorial and, thereafter,
forever;
(III) injury to water quality (other than
claims arising out of actions that resulted in
the remediations described in exhibit 25.2.1.6
to the Gila River agreement) arising after
December 31, 2002, including claims for
trespass, nuisance, and real property damage
and claims under all current and future
Federal, State, and other environmental laws
and regulations (including claims under the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and Ariz. Rev. Stat. 49-
282), that result from--
(aa) the delivery of water to the
Community under the Gila River
agreement;
(bb) the off-Reservation diversion
(other than pumping), or ownership or
operation of structures for the off-
Reservation diversion (other than
pumping), of water;
(cc) the off-Reservation pumping,
or ownership or operation of structures
for the off-Reservation pumping, of
water in a manner not in violation of
the Gila River agreement or of any
applicable pumping limitations under
State law;
(dd) the recharge, or ownership or
operation of structures for the
recharge, of water under a State
permit; and
(ee) the off-Reservation
application of water to land for
irrigation;
except that the waiver provided in this
subclause shall extend only to the State (or
any agency or political subdivision of the
State) or any other person, entity, or
municipal or other corporation to the extent
that the person, entity, or corporation is
engaged in an activity specified in this
subclause;
(iv) past, present, and future claims
arising out of or relating in any manner to the
negotiation or execution of the Gila River
agreement or the negotiation or enactment of
titles I and II; and
(v)(I) past and present claims for
subsidence damage occurring to land within the
Reservation, off-Reservation trust land, or fee
land arising from time immemorial through the
enforceability date; and
(II) subsidence damage arising after the
enforceability date occurring to land within
the Reservation, off-Reservation trust land, or
fee land resulting from the diversion of
underground water in a manner not in violation
of the Gila River agreement or State law.
(B) By the united states.--Except as provided in
the Gila River agreement, the United States, as trustee
for the allottees, as part of the performance of
obligations under the Gila River agreement, are
authorized to execute a waiver and release of any
claims against the State (or any agency or political
subdivision of the State) or any other person, entity,
corporation, or municipal corporation under Federal,
State, or other law, for--
(i)(I) past, present, and future claims for
water rights for land within the Reservation
arising from time immemorial and, thereafter,
forever; and
(II) past, present, and future claims for
water rights based on aboriginal occupancy of
land by allottees, or their predecessors
arising from time immemorial and, thereafter,
forever;
(ii)(I) past and present injury to water
rights for land within the Reservation arising
from time immemorial through the enforceability
date;
(II) past, present, and future injury to
water rights that are based on aboriginal
occupancy of land by allottees or their
predecessors arising from time immemorial and,
thereafter, forever; and
(III) injury to water rights arising after
the enforceability date for land within the
Reservation, off-Reservation trust land, and
fee land resulting from the off-Reservation
diversion or use of water in a manner not in
violation of the Gila River agreement or State
law;
(iii)(I) past and present injury to water
quality (other than claims arising out of
actions that resulted in the remediations
described in exhibit 25.2.1.6 to the Gila River
agreement), including claims for trespass,
nuisance, and real property damage and claims
under all current and future Federal, State,
and other environmental laws and regulations
(including claims under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
and Ariz. Rev. Stat. 49-282), with respect to
land within the Reservation, arising from time
immemorial through December 31, 2002;
(II) past, present, and future injury to
water quality (other than claims arising out of
actions that resulted in the remediations
described in exhibit 25.2.1.6 to the Gila River
agreement), including claims for trespass,
nuisance, and real property damage and claims
under all current and future Federal, State,
and other environmental laws and regulations
(including claims under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
and Ariz. Rev. Stat. 49-282), that are based on
aboriginal occupancy of land by allottees or
their predecessors, from time immemorial and,
thereafter, forever;
(III) injury to water quality (other than
claims arising out of actions that resulted in
the remediations described in exhibit 25.2.1.6
to the Gila River agreement) arising after
December 31, 2002, including claims for
trespass, nuisance, and real property damage
and claims under all current and future
Federal, State, and other environmental laws
and regulations (including claims under the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and Ariz. Rev. Stat. 49-282), that result from--
(aa) the delivery of water to the
Community or the Allottees under the
Gila River agreement;
(bb) the off-Reservation diversion
(other than pumping), or ownership or
operation of structures for the off-
Reservation diversion (other than
pumping), of water;
(cc) the off-Reservation pumping,
or ownership or operation of structures
for the off-Reservation pumping, of
water in a manner not in violation of
the Gila River agreement or any
applicable pumping limitations under
State law;
(dd) the recharge, or ownership or
operation of structures for the
recharge, of water under a State
permit; and
(ee) the off-Reservation
application of water to land for
irrigation;
except that the waiver provided in this
subclause shall extend only to the State (or
any agency or political subdivision of the
State) or any other person, entity, or
municipal or other corporation to the extent
that the person, entity, or corporation is
engaged in an activity specified in this
subclause;
(iv) past, present, and future claims
arising out of or relating in any manner to the
negotiation or execution of the Gila River
agreement or the negotiation or enactment of
titles I and II; and
(v) past and present subsidence damage
occurring to land within the Reservation from
time immemorial through the enforceability
date.
(2) Claims for subsidence.--In accordance with the
subsidence remediation program under section 209, the
Community, a Community member, or an allottee, and the United
States, on behalf of the Community, a Community member, or an
allottee, as part of the performance of obligations under the
Gila River agreement, are authorized to execute a waiver and
release of all claims against the State (or any agency or
political subdivision of the State) or any other person,
entity, corporation or municipal corporation under Federal,
State, or other law for the damage claimed.
(3) Claims against the salt river project.--Except as
provided in the Gila River agreement, the Community, on behalf
of the Community and Community members (but not members in
their capacities as allottees), and the United States, as
trustee for the Community, Community members, and allottees, as
part of the performance of obligations under the Gila River
agreement, are authorized to execute a waiver and release of
any claim against the Salt River Project (or its successors or
assigns or its officers, governors, directors, employees,
agents, or shareholders) arising from the discharge,
transportation, seepage, or other movement of water in,
through, or from drains, canals, or other facilities or land in
the Salt River Reservoir District to land in the Reservation
for--
(A) past and present injury to water rights, injury
to water quality, or injury to real property arising
from time immemorial through December 31, 2002; and
(B) injury to water rights, injury to water
quality, or injury to real property arising after
December 31, 2002, and through the enforceability date,
if the Salt River Project (or its successors or
assigns) acts in accordance with the annual reservoir
operations plan of the Salt River Project through the
enforceability date.
(4) Claims against the united states.--Except as provided
in the Gila River agreement, the Community, on behalf of the
Community and Community members (but not members in their
capacities as allottees), as part of the performance of
obligations under the Gila River agreement, is authorized to
execute a waiver and release of any claim against the United
States (or agencies, officials, or employees of the United
States) under Federal, State, or other law for--
(A)(i) past, present, and future claims for water
rights for land within the Reservation, off-Reservation
trust land, and fee land arising from time immemorial
and, thereafter, forever; and
(ii) past, present, and future claims for water
rights based on aboriginal occupancy of land by the
Community and Community members, or their predecessors
arising from time immemorial and, thereafter, forever;
(B)(i) past and present injury to water rights for
land within the Reservation, off-Reservation trust
land, and fee land arising from time immemorial through
the enforceability date;
(ii) past, present, and future injury to water
rights based on aboriginal occupancy of land by the
Community and Community members, or their predecessors
arising from time immemorial and, thereafter, forever;
and
(iii) injury to water rights arising after the
enforceability date for land within the Reservation,
off-Reservation trust land, or fee land resulting from
the off-Reservation diversion or use of water in a
manner not in violation of the Gila River agreement or
applicable law;
(C) past, present, and future claims arising out of
or relating in any manner to the negotiation or
execution of the Gila River agreement or the
negotiation or enactment of titles I and II;
(D)(i) past and present subsidence damage occurring
to land within the Reservation, off-Reservation trust
land, or fee land arising from time immemorial through the
enforceability date; and
(ii) subsidence damage arising after the
enforceability date occurring to land within the
Reservation, off-Reservation trust land or fee land
resulting from the diversion of underground water in a
manner not in violation of the Gila River agreement or
applicable law; and
(E) past and present claims for failure to protect,
acquire, or develop water rights for or on behalf of
the Community and Community members arising before
December 31, 2002.
(5) Claims against the community.--Except as provided in
the Gila River agreement, the United States, in all its
capacities (except as trustee for an Indian tribe other than
the Community), as part of the performance of obligations under
the Gila River agreement, is authorized to execute a waiver and
release of any and all claims against the Community, or any
agency, official, or employee of the Community, under Federal,
State, or any other law for--
(A)(i) past, present, and future claims for water
rights; and
(ii) past and present injury to water rights
arising from time immemorial through the enforceability
date;
(B) injury to water rights arising after the
enforceability date resulting from the diversion or use
of water in a manner not in violation of the Gila River
agreement or applicable law;
(C) past, present, and future claims arising out of
or relating in any manner to the negotiation or
execution of the Gila River agreement, or the
negotiation or enactment of titles I and II;
(D) past and present injury to water quality,
including claims described in paragraph (1)(A)(iii)(I),
arising from time immemorial through December 31, 2002;
and
(E) past and present subsidence damage arising from
time immemorial through the enforceability date.
(6) Claims against certain persons and entities in the
upper gila valley.--
(A) By the community and the united states.--Except
as provided in the UVD agreement, the Community, on
behalf of the Community and Community members (but not
members in their capacities as allottees), and the
United States on behalf of the Community and Community
members (but not members in their capacities as
allottees) and, to the extent of the interest of the
United States as owner of water rights for land
described in articles V and VI of the Globe Equity
Decree (excluding land described in article VI(2)), are
authorized, as part of the performance of obligations
under the UVD agreement, to execute a waiver and
release of any claims against the UVD settling parties
and all other persons or entities diverting or using
water in a manner that is not in violation of or
contrary to the terms, conditions, requirements,
limitations, or other provisions of the UVD agreement,
for--
(i)(I) past, present, and future claims for
water rights within the Reservation and the San
Carlos Irrigation Project and, to the extent of
the interest of the United States, land
described in articles V and VI of the Globe
Equity Decree (excluding land described in
article VI(2)), arising from time immemorial
and, thereafter, forever; and
(II) past, present, and future claims for
water rights based on aboriginal occupancy of
land by the Community, Community members, or
predecessors of Community members, arising from
time immemorial and, thereafter, forever;
(ii)(I) past and present injury to water
rights for land within the Reservation and the
San Carlos Irrigation Project, and, to the
extent of the interest of the United States,
land described in articles V and VI of the
Globe Equity Decree (excluding land described
in article VI(2)), arising from time immemorial
and, thereafter, forever;
(II) past, present, and future injury to
water rights based on aboriginal occupancy of
land by the Community, Community members, or
predecessors of Community members, arising from
time immemorial and, thereafter, forever; and
(III) injury to water rights for land
within the Reservation and the San Carlos
Irrigation Project, and, to the extent of the
interest of the United States, land described
in articles V and VI of the Globe Equity Decree
(excluding land described in article VI(2)),
resulting from the diversion, pumping, or use
of water in a manner not in violation of or
contrary to the terms, conditions, limitations,
requirements, or provisions of the UVD
agreement;
(iii)(I) past, present, and future claims
arising out of or relating to the use of water
rights appurtenant to NM 381 acres, on the
conditions that such water rights remain
subject to the oversight and reporting
requirements set forth in the decree in Arizona
v. California, 376 U.S. 340 (1964), and that
the State of New Mexico shall make available on
request a copy of any records prepared pursuant
to that decree; and
(II) past, present, and future claims
arising out of and relating to the use of water
rights for NM domestic purposes, on the
conditions that such water rights remain
subject to the oversight and reporting
requirements set forth in the decree in Arizona
v. California, 376 U.S. 340 (1964), and that
the State of New Mexico shall make available on request a copy of any
records prepared pursuant to that decree; and
(iv) past, present, and future claims
arising out of or relating to the negotiation
or execution of the UVD agreement, or the
negotiation or enactment of this Act.
(B) By the united states on behalf of allottees.--
Except as provided in the UVD agreement, the United
States as trustee for the allottees, as part of the
performance under the UVD agreement, is authorized to
execute a waiver and release against the UV settling
parties and all other persons or entities diverting or
using water in a manner that is not in violation of or
contrary to the terms, conditions, requirements,
limitations, or other provisions of the UVD agreement,
for--
(i)(I) past, present, and future claims for
water rights lands within the Reservation
arising from time immemorial, and thereafter,
forever; and
(II) past, present, and future claims for
water rights based on aboriginal occupancy of
lands by allottees or their predecessors
arising from time immemorial, and thereafter,
forever;
(ii)(I) past and present injury to water
rights for lands within the Reservation arising
from time immemorial, and thereafter, forever;
(II) past, present, and future injury to
water rights based on aboriginal occupancy of
lands by allottees or their predecessors
arising from time immemorial, and thereafter,
forever; and
(III) injury to water rights for land
within the Reservation resulting from the
diversion, pumping, or use of water in a manner
not in violation of or contrary to the terms,
conditions, limitations, requirements, or
provisions of the UVD agreement;
(iii)(I) past, present, and future claims
arising out of or relating to the use of water
rights appurtenant to NM 381 acres, on the
conditions that such water rights remain
subject to the oversight and reporting
requirements set forth in the decree in Arizona
v. California, 376 U.S. 340 (1964), and that
the State of New Mexico shall make available on
request a copy of any records prepared pursuant
to that decree; and
(II) past, present, and future claims
arising out of or relating to the use of water
rights for NM domestic purposes, on the
conditions that such water rights remain
subject to the oversight and reporting
requirements set forth in the decree in Arizona
v. California, 376 U.S. 340 (1964), and that
the State of New Mexico shall make available on
request a copy of any records prepared pursuant
to that decree; and
(iv) past, present, and future claims
arising out of or relating to the negotiation
or execution of the UVD agreement, or the
negotiation or enactment of titles I and II.
(b) Effectiveness of Waiver and Releases.--
(1) In general.--The waivers under paragraphs (1) and (3)
through (6) of subsection (a) shall become effective on the
enforceability date.
(2) Claims for subsidence.--The waiver under subsection
(a)(2) shall become effective on execution of the waiver by--
(A) the Community, a Community member, or an
allottee; and
(B) the United States, on behalf of the Community,
a Community member, or an allottee.
(c) Limitation on Claims by the United States.--The United States
shall not assert any claim against the State (or any agency or
political subdivision of the State) or any other person, entity, or
municipal or other corporation under Federal, State, or other law in
the own right of the United States or on behalf of the Community,
Community members, and allottees for any of the claims described in
subsection (a).
(d) Enforceability Date.--
(1) In general.--This section takes effect on the date on
which the Secretary publishes in the Federal Register a
statement of findings that--
(A) to the extent the Gila River agreement
conflicts with this title, the Gila River agreement has
been revised through an amendment to eliminate the
conflict and the Gila River agreement, so revised, has
been executed by the Secretary and the Governor of the
State;
(B) the Secretary has fulfilled the requirements
of--
(i) paragraphs (1)(A)(i) and (2) of
subsection (a) and subsections (b) and (d) of
section 104; and
(ii) sections 204, 205, and 209(a);
(C) the master agreement authorized, ratified, and
confirmed by section 106(a) has been executed by the
parties to the master agreement, and all conditions to
the enforceability of the master agreement have been
satisfied;
(D) $53,000,000 has been identified and retained in
the Lower Colorado River Basin Development Fund for the
benefit of the Community in accordance with section
107(b);
(E) the State has appropriated and paid to the
Community any amount to be paid under paragraph 27.4 of
the Gila River agreement;
(F) the Salt River Project has paid to the
Community $500,000 under subparagraph 16.9 of the Gila
River agreement;
(G) the judgments and decrees attached to the Gila
River agreement as exhibits 25.11A (Gila River
adjudication proceedings) and 25.11B (Globe Equity Decree proceedings)
have been approved by the respective courts;
(H) the dismissals attached to the Gila River
agreement as exhibits 25.17.1A-C, 25.17.2A-B, and
25.17.3A-B have been filed with the respective courts
and any necessary dismissal orders entered;
(I) legislation has been enacted by the State to--
(i) implement the Southside Replenishment
Program in accordance with subparagraph 5.3 of
the Gila River agreement;
(ii) authorize the firming program required
by section 105; and
(iii) establish the Upper Gila River
Watershed Maintenance Program in accordance
with subparagraph 26.8.1 of the Gila River
agreement;
(J) the State has entered into an agreement with
the Secretary to carry out the obligation of the State
under section 105(b)(2)(A); and
(K) a final judgment has been entered in Central
Arizona Water Conservation District v. United States
(No. CIV 95-625-TUC-WDB(EHC), No. CIV 95-1720-PHX-EHC)
(Consolidated Action) in accordance with the repayment
stipulation.
(2) Failure of enforceability date to occur.--If, because
of the failure of the enforceability date to occur by December
31, 2007, this section does not become effective, the
Community, Community members, and allottees, and the United
States on behalf of the San Carlos Irrigation and Drainage
District, the Community, Community members, and allottees,
shall retain the right to assert past, present, and future
water rights claims, claims for injury to water rights, claims
for injury to water quality, and claims for subsidence damage
as to all land within the exterior boundaries of the
Reservation, off-Reservation trust land, and fee land.
SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Gila River Indian
Community Water OM&R Trust Fund''.
(b) Deposits.--Of the amounts made available under paragraph (2)(B)
of section 403(f) of the Colorado River Basin Project Act (43 U.S.C.
1543(f)), the Secretary shall deposit $53,000,000 into the Water OM&R
Fund.
(c) Management.--Except as provided in subsection (f)(2)(A), the
principal of the Water OM&R Fund, and any interest or income accruing
on the principal, shall be managed in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(d) Use.--The principal of the Water OM&R Fund, and any interest or
income accruing on the principal, shall be used by the Community as
provided in the Gila River agreement to assist in paying the costs of
operation, maintenance, and replacement costs associated with the
delivery of CAP water for Community purposes.
(e) Withdrawals.--As provided in the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Community
may--
(1) withdraw amounts from the Water OM&R Fund; and
(2) deposit the amounts in a private financial institution
selected by agreement of the Community and the Secretary.
(f) Limitations.--
(1) No distribution to members.--No part of the principal
of the Water OM&R Fund, or the interest or income accruing on
the principal, shall be distributed to any Community member on
a per capita basis.
(2) Funds not available until enforceability date.--
(A) In general.--Amounts in the Water OM&R Fund
shall not be available for expenditure or withdrawal by
the Community until the enforceability date.
(B) Assets.--On and after the enforceability date,
the assets of the Water OM&R Fund shall be the property
of the Community.
SEC. 209. SUBSIDENCE REMEDIATION PROGRAM.
(a) In General.--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 25.5.1, 25.5.2, or 25.5.3 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.--Notwithstanding any other
provision of this section, the Secretary, acting through the
Commissioner of Reclamation, shall repair, remediate, and rehabilitate
the subsidence damage that has occurred to land within the Reservation,
as specified in exhibit 29.21 to the Gila River agreement.
SEC. 210. AFTER-ACQUIRED TRUST LAND.
(a) Requirement of Act of Congress.--The Community may seek to have
legal title to additional land in the State located outside the
exterior boundaries of the Reservation taken into trust by the United
States for the benefit of the Community pursuant only to an Act of
Congress enacted after the date of enactment of this Act specifically
authorizing the transfer for the benefit of the Community.
(b) Water Rights.--After-acquired trust land shall not include
federally reserved rights to surface water or groundwater.
(c) Sense of Congress.--It is the sense of Congress that future
Acts of Congress authorizing land to be taken into trust under
subsection (a) should provide that such land will have only such water
rights and water use privileges as would be consistent with State water
law and State water management policy.
SEC. 211. REDUCTION OF WATER RIGHTS.
(a) Reduction of TBI Eligible Acres.--
(1) In general.--In accordance with this title and as
provided in the UVD agreement, the Secretary shall assist in
reducing the total water demand for irrigation use in the upper
valley of the Gila River by--
(A) acquiring UV decreed water rights and
extinguishing or severing and transferring 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;
and
(B) entering into agreements regarding reduction of
water demand through fallowing programs.
(2) Acquisitions.--
(A) Required phase i acquisition.--Not later than
December 31 of the second calendar year that begins
after the enforceability date, the Secretary shall
acquire the UV decreed water rights associated with
1,000 acres of land (other than special hot lands) that
would have been included in the initial calculation of
TBI eligible acres under the UVD agreement if the
initial calculation of TBI eligible acres had been
undertaken at the time of acquisition.
(B) Required phase ii acquisition.--
(i) In general.--Not later than December 31
of the sixth calendar year that begins after
the enforceability date, the Secretary shall
acquire the UV decreed water rights associated
with 1,000 acres of land (other than special
hot lands) that would have been included in the
initial calculation of TBI eligible acres under
the UVD agreement if the initial calculation of
TBI eligible acres had been undertaken at the
time of the acquisition.
(ii) Reduction.--The reduction of TBI
eligible acres under clause (i) 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 with the UVD settling parties and other
necessary parties that is approved by Congress and
finally approved by all courts the approval of which is
required, not later than December 31 of the second
calendar year that begins after the effective date of
that settlement, the Secretary shall acquire 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) Amount of payment.--In determining the amount
to be paid for water rights acquired pursuant to this
paragraph, the Secretary shall take into account the
fact that land associated with those rights shall be
subject to the phreatophyle control requirements as
provided in the UVD agreement.
(3) Reduction of acreage.--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.--The Secretary may fulfill
the requirements of subparagraphs (A) and (B) of
paragraph (2), 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.--The Secretary may carry
out all or any portion of the responsibilities of the
Secretary under subparagraphs (A) and (B) of paragraph
(2) 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 Secretary pursuant to subparagraphs (A)
and (B) of paragraph (2), the Secretary 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) 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 200 UV decreed acres;
(ii) extinguish the UV decreed water rights
associated with 300 UV decreed acres; and
(iii) transfer 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).
(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 settling parties other than such
incidental expenditures of funds and commitments of resources
as are required to cooperatively participate in the program.
SEC. 212. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity.--If any party to the Gila River
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 and enforcement of an arbitration award rendered pursuant to
subparagraph 12.1.9 of the UVD agreement or a petition for and
collection of attorney's fees and costs pursuant to subparagraph 12.3
of the UVD agreement), and names 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 and enforcement of an arbitration award rendered
pursuant to subparagraph 12.1.9 of the UVD agreement or a
petition for and collection of attorney's fees and costs
pursuant to subparagraph 12.3 of the UVD 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.--The Secretary 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.
(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, 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 under the agreement 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 sole authority and responsibility for all
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 agreement
described in paragraph (1).
(g) New Mexico Exchange.--Nothing in this Act affects or impairs
the right of the State of New Mexico, or any water user in the State of
New Mexico, to use Gila River water as provided by section 304 of the
Colorado River Basin Project Act (43 U.S.C. 1524).
(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).
SEC. 213. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Rehabilitation of irrigation works.--
(A) In general.--There is authorized to be
appropriated $52,396,000, adjusted to reflect changes
since January 1, 2000, under subparagraph (B) for the
rehabilitation of irrigation works under section
203(d)(4).
(B) Adjustment.--The amount under subparagraph (A)
shall be adjusted by such amounts, if any, as may be
required by reason of changes in construction costs as
indicated by engineering cost indices applicable to the
types of construction required by the rehabilitation.
(2) Bureau of reclamation construction oversight.--There
are authorized to be appropriated such sums as are necessary
for the Bureau of Reclamation to undertake the oversight of the
construction projects authorized under section 203.
(3) Subsidence remediation program.--There are authorized
to be appropriated such sums as are necessary to carry out the
subsidence remediation program under section 209 (including
such sums as are necessary, not to exceed $4,000,000, to carry
out the subsidence remediation and repair required under
section 209(d)).
(4) Water rights reduction.--There are authorized to be
appropriated such sums as are necessary to carry out the water
rights reduction program under section 211.
(5) Safford facility.--There are authorized to be
appropriated such sums as are necessary to--
(A) retire $13,900,000 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 and related preconstruction
technical analyses associated with the Gila
River agreement and this title; and
(ii) any mitigation measures adopted by the
Secretary; and
(B) to carry out the mitigation measures in the
Roosevelt Habitat Conservation Plan, not more than
$10,000,000.
(b) Authorized Costs.--
(1) In general.--Amounts made available under subsection
(a) shall be considered to be authorized costs for purposes of
paragraph (2)(D)(iii) 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 authorized costs for purposes of section 403(f)(2)(D)(iii)
of the Colorado River Basin Project Act (43 U.S.C.
1543(f)(2)(D)(iii)) (as amended by section 107(a)).
SEC. 214. REPEAL ON FAILURE OF ENFORCEABILITY DATE.
If the Secretary does not publish a statement of findings under
section 207(d) 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;
(2) any amounts appropriated under paragraphs (1) through
(5) of section 213(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 213(b) that
remain unexpended shall immediately revert to the general fund
of the Treasury; and
(4) any amounts paid by the Salt River Project in
accordance with the Gila River agreement shall immediately be
returned to the Salt River Project.
TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT.
The Southern Arizona Water Rights Settlement Act of 1982 (96 Stat.
1274) is amended to read as follows:
``TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT
``SEC. 301. SHORT TITLE.
``This title may be cited as the `Southern Arizona Water Rights
Settlement Amendments Act of 2003'.
``SEC. 302. FINDINGS.
``Congress finds that--
``(1) water rights claims within the San Xavier Reservation
and the eastern Schuk Toak District of the Tohono O'odham
Nation, including water rights claims of the Nation and
allottees, are the subject of lawsuits pending against the
United States and numerous parties in southern Arizona
(including mining companies, agricultural interests, and the
city of Tucson);
``(2) the lawsuits referred to in paragraph (1)--
``(A) are expensive and time-consuming for all
participants; and
``(B) threaten to cause profound adverse impacts on
the health and development of the Indian and non-Indian
economies of southern Arizona;
``(3) the parties to the lawsuits referred to in paragraph
(1) and other persons interested in the settlement of the water
rights claims within the Tucson management area have diligently
attempted to settle those lawsuits;
``(4) the requirements of paragraph (1) of section 307(a)
of the 1982 Act were met within 1 year of the date of enactment
of that paragraph in that--
``(A) on October 11, 1983, the city of Tucson,
Arizona, and the United States entered into an
agreement--
``(i) to make available to the Secretary,
for disposal in such manner as the Secretary
determines appropriate, 28,200 acre-feet of
reclaimed water; and
``(ii) to permit the Secretary to provide
terms and conditions under which the Secretary
may relinquish to the city of Tucson, Arizona,
such quantities of water as are not needed to
carry out the duties of the Secretary under the
1982 Act;
``(B)(i) on October 11, 1983, the city of Tucson,
Arizona, the State, and other parties entered into an
agreement with the United States to establish a
cooperative fund; and
``(ii) contributions to that fund that were
required to be made in accordance with section 313 of
the 1982 Act were subsequently made;
``(C) on October 11, 1983, the Nation entered into
an agreement with the United States in compliance with
section 307(a)(1)(C) of the 1982 Act;
``(D) in the agreement of October 11, 1983, between
the Nation and the United States, the Nation executed a
waiver and release in compliance with section
307(a)(1)(D) of the 1982 Act;
``(5) by providing the assistance specified in this title,
the United States will enable the implementation of a
settlement of the lawsuits referred to in paragraph (1);
``(6) it is in the long term interest of the United States,
the State, the Nation, the San Xavier District and Schuk Toak
District of the Nation, and the non-Indian community of
southern Arizona, that the United States assist in the
implementation of a fair and equitable settlement of the water
rights claims of the Nation and allottees; and
``(7) the settlement provided for under this title will--
``(A) provide flexibility in the management of
water resources;
``(B) encourage the allocation of water resources
in accordance with the best uses of the resources;
``(C) promote the conservation and management of
water resources; and
``(D) carry out the trust responsibility of the
United States with respect to--
``(i) the Nation; and
``(ii) the allottees.
``SEC. 303. DEFINITIONS.
``In this title:
``(1) Acre-foot.--The term `acre-foot' means the quantity
of water necessary to cover 1 acre of land to a depth of 1
foot.
``(2) Adams case.--The term `Adams case' means Adams v.
United States (Civ. No. 93-240 TUC FRZ (D. Ariz., filed January
25, 1993)).
``(3) After-acquired trust land.--The term `after-acquired
trust land' means land that--
``(A) is located--
``(i) within the State; but
``(ii) outside the exterior boundaries of
the Nation's Reservation; and
``(B) is taken into trust by the United States for
the benefit of the Nation after the enforceability
date.
``(4) Agreement of december 11, 1980.--The term `agreement
of December 11, 1980' means the contract for delivery of
Central Arizona Project water entered into by the United States
and the Nation on December 11, 1980.
``(5) Agreement of october 11, 1983.--The term `agreement
of October 11, 1983' means the contract for the provision of
water and the settlement of claims to water under the 1982 Act
entered into by the United States and the Nation on October
11, 1983.
``(6) Allottee.--The term `allottee' means a person that
holds a beneficial real property interest in an Indian
allotment that is--
``(A) located within the Reservation; and
``(B) held in trust by the United States.
``(7) Allottee class.--The term `allottee class' means an
applicable plaintiff class certified by the court of
jurisdiction in--
``(A) the Alvarez case; or
``(B) the Tucson case.
``(8) Alvarez case.--The term `Alvarez case' means the
first through fourth causes of action of the third amended
complaint in Alvarez v. City of Tucson (Civ. No. 93-039 TUC FRZ
(D. Ariz., filed April 21, 1993)).
``(9) Applicable law.--The term `applicable law' means any
applicable Federal, State, tribal, or local law.
``(10) Asarco.--The term `Asarco' means Asarco
Incorporated, a New Jersey corporation of that name, and its
subsidiaries operating mining operations in the State.
``(11) Asarco agreement.--The term `Asarco agreement' means
the agreement by that name attached to the Tohono O'odham
settlement agreement as exhibit 13.1.
``(12) CAP repayment contract.--
``(A) In general.--The term `CAP repayment
contract' means the contract dated December 1, 1988
(Contract No. 14-06-W-245, 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.
``(13) 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.).
``(14) Central arizona project link pipeline.--The term
`Central Arizona Project link pipeline' means the pipeline
extending from the Tucson Aqueduct of the Central Arizona
Project to a point within the cooperative farm.
``(15) Central arizona project service area.--The term
`Central Arizona Project service area' means--
``(A) the geographical area comprised of Maricopa,
Pinal, and Pima Counties, Arizona, in which the Central
Arizona Water Conservation District delivers Central
Arizona Project water; and
``(B) any expansion of that area under applicable
law.
``(16) 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.
``(17) Cooperative farm.--The term `cooperative farm' means
the farm on land served by an irrigation system and the
extension of the irrigation system provided for under
paragraphs (1) and (2) of section 304(c).
``(18) Cooperative fund.--The term `cooperative fund' means
the cooperative fund established by section 313 of the 1982 Act
and reauthorized by section 310.
``(19) Delivery and distribution system.--
``(A) In general.--The term `delivery and
distribution system' means--
``(i) the Central Arizona Project aqueduct;
``(ii) the Central Arizona Project link
pipeline; and
``(iii) the pipelines, canals, aqueducts,
conduits, and other necessary facilities for
the delivery of water under the Central Arizona
Project.
``(B) Inclusions.--The term `delivery and
distribution system' includes pumping facilities, power
plants, and electric power transmission facilities
external to the boundaries of any farm to which the
water is distributed.
``(20) Eastern schuk toak district.--The term `eastern
Schuk Toak District' means the portion of the Schuk Toak
District (1 of 11 political subdivisions of the Nation
established under the constitution of the Nation) that is
located within the Tucson management area.
``(21) Enforceability date.--The term `enforceability date'
means the date on which title III of the Arizona Water
Settlements Act takes effect (as described in section 302(b) of
the Arizona Water Settlements Act).
``(22) Exempt well.--The term `exempt well' means a water
well--
``(A) the maximum pumping capacity of which is not
more than 35 gallons per minute; and
``(B) the water from which is used for--
``(i) the supply, service, or activities of
households or private residences;
``(ii) landscaping;
``(iii) livestock watering; or
``(iv) the irrigation of not more than 2
acres of land for the production of 1 or more
agricultural or other commodities for--
``(I) sale;
``(II) human consumption; or
``(III) use as feed for livestock
or poultry.
``(23) Fee owner of allotted land.--The term `fee owner of
allotted land' means a person that holds fee simple title in
real property on the Reservation that, at any time before the
date on which the person acquired fee simple title, was held in
trust by the United States as an Indian allotment.
``(24) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(25) Injury to water quality.--The term `injury to water
quality' means any contamination, diminution, or deprivation of
water quality under applicable law.
``(26) Injury to water rights.--
``(A) In general.--The term `injury to water
rights' means an interference with, diminution of, or
deprivation of water rights under applicable law.
``(B) Inclusion.--The term `injury to water rights'
includes a change in the underground water table and
any effect of such a change.
``(C) Exclusion.--The term `injury to water rights'
does not include subsidence damage or injury to water
quality.
``(27) Irrigation system.--
``(A) In general.--The term `irrigation system'
means canals, laterals, ditches, sprinklers, bubblers,
and other irrigation works used to distribute water
within the boundaries of a farm.
``(B) Inclusions.--The term `irrigation system',
with respect to the cooperative farm, includes
activities, procedures, works, and devices for--
``(i) rehabilitation of fields;
``(ii) remediation of sinkholes, sinks,
depressions, and fissures; and
``(iii) stabilization of the banks of the
Santa Cruz River.
``(28) Lower colorado river basin development fund.--The
term `Lower Colorado River Basin Development Fund' means the
fund established by section 403 of the Colorado River Basin
Project Act (43 U.S.C. 1543).
``(29) M&I priority water.--The term `M&I priority water'
means Central Arizona Project water that has municipal and
industrial priority.
``(30) Nation.--The term `Nation' means the Tohono O'odham
Nation (formerly known as the Papago Tribe) organized under a
constitution approved in accordance with section 16 of the Act
of June 18, 1934 (25 U.S.C. 476).
``(31) Nation's reservation.--The term `Nation's
Reservation' means all land within the exterior boundaries of--
``(A) the Sells Tohono O'odham Reservation
established by the Executive order of February 1, 1917,
and the Act of February 21, 1931 (46 Stat. 1202,
chapter 267);
``(B) the San Xavier Reservation established by the
Executive order of July 1, 1874;
``(C) the Gila Bend Indian Reservation established
by the Executive order of December 12, 1882, and
modified by Executive order of June 17, 1909;
``(D) the Florence Village established by Public
Law 95-361 (92 Stat. 595);
``(E) all land acquired in accordance with the Gila
Bend Indian Reservation Lands Replacement Act (100
Stat. 1798), if title to the land is held in trust by
the Secretary for the benefit of the Nation; and
``(F) all other land to which the United States
holds legal title in trust for the benefit of the
Nation and that is added to the Nation's Reservation or
granted reservation status in accordance with
applicable Federal law before the enforceability date.
``(32) Net irrigable acres.--The term `net irrigable acres'
means, with respect to a farm, the acreage of the farm that is
suitable for agriculture, as determined by the Nation.
``(33) NIA priority water.--The term `NIA priority water'
means Central Arizona Project water that has non-Indian
agricultural priority.
``(34) San xavier allottees association.--The term `San
Xavier Allottees Association' means the nonprofit corporation
established under State law for the purpose of representing and
advocating the interests of allottees.
``(35) San xavier cooperative association.--The term `San
Xavier Cooperative Association' means the entity chartered
under the laws of the Nation (or a successor of that entity)
that is a lessee of land within the cooperative farm.
``(36) San xavier district.--The term `San Xavier District'
means the district of that name, 1 of 11 political subdivisions
of the Nation established under the constitution of the Nation.
``(37) San xavier district council.--The term `San Xavier
District Council' means the governing body of the San Xavier
District, as established under the constitution of the Nation.
``(38) San xavier reservation.--The term `San Xavier
Reservation' means the San Xavier Indian Reservation
established by the Executive order of July 1, 1874.
``(39) Schuk toak farm.--The term `Schuk Toak Farm' means a
farm constructed in the eastern Schuk Toak District served by
the irrigation system provided for under section 304(c)(4).
``(40) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(41) State.--The term `State' means the State of Arizona.
``(42) Subjugate.--The term `subjugate' means to prepare
land for agricultural use through irrigation.
``(43) Subsidence damage.--The term `subsidence damage'
means injury to land, water, or other real property resulting
from the settling of geologic strata or grading in the surface
of the earth of any length or depth, which settling or cracking
is caused by the pumping of water.
``(44) Surface water.--The term `surface water' means all
water that is appropriable under State law.
``(45) Tohono o'odham settlement agreement.--The term
`Tohono O'odham settlement agreement' means the agreement
(including all exhibits of and attachments to the agreement)
that settles, and provides for the dismissal with prejudice of,
the claims asserted in the Adams case, the Alvarez case, and
the Tucson case, as executed by the parties to those cases and
filed with the court of jurisdiction.
``(46) Tucson case.--The term `Tucson case' means United
States et al. v. City of Tucson, et al. (Civ. No. 75-39 TUC
consol. with Civ. No. 75-51 TUC FRZ (D. Ariz., filed February
20, 1975)).
``(47) Tucson interim water lease.--The term `Tucson
interim water lease' means the lease, and any amendments and
extensions of the lease, between the city of Tucson, Arizona,
and the Nation, dated October 24, 1992.
``(48) Tucson management area.--The term `Tucson management
area' means the area in the State comprised of--
``(A) the area--
``(i) designated as the Tucson Active
Management Area under the Arizona Groundwater
Management Act of 1980 (1980 Ariz. Sess. Laws
1); and
``(ii) subsequently divided into the Tucson
Active Management Area and the Santa Cruz
Active Management Area (1994 Ariz. Sess. Laws
296); and
``(B) the portion of the Upper Santa Cruz Basin
that is not located within the area described in
subparagraph (A)(i).
``(49) Turnout.--The term `turnout' means a point of water
delivery on the Central Arizona Project aqueduct.
``(50) Underground storage.--The term `underground storage'
means storage of water accomplished under a project authorized
under section 308(e).
``(51) United states as trustee.--The term `United States
as Trustee' means the United States, acting on behalf of the
Nation and allottees, but in no other capacity.
``(52) Value.--The term `value' means the value attributed
to water based on the greater of--
``(A) the anticipated or actual use of the water;
or
``(B) the fair market value of the water.
``(53) Water right.--The term `water right' means any right
in or to groundwater, surface water, or effluent under
applicable law.
``(54) 1982 act.--The term ``1982 Act'' means the Southern
Arizona Water Rights Settlement Act of 1982 (96 Stat. 1274; 106
Stat. 3256), as in effect on the day before the enforceability
date.
``SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGATIONS.
``(a) Water Delivery.--The Secretary shall deliver from the main
project works of the Central Arizona Project, a total of 37,800 acre-
feet of water suitable for agricultural use, of which--
``(1) 27,000 acre-feet shall--
``(A) be deliverable for use to the San Xavier
Reservation; or
``(B) otherwise be used in accordance with section
309; and
``(2) 10,800 acre-feet shall--
``(A) be deliverable for use to the eastern Schuk
Toak District; or
``(B) otherwise be used in accordance with section
309.
``(b) Delivery and Distribution Systems.--The Secretary shall
(without cost to the Nation, any allottee, the San Xavier Cooperative
Association, or the San Xavier Allottees Association), as part of the
main project works of the Central Arizona Project, design, construct,
operate, maintain, and replace the delivery and distribution systems
necessary to deliver the water described in subsection (a).
``(c) Duties of the Secretary.--
``(1) Completion of delivery and distribution system and
improvement to existing irrigation system.--Except as provided
in subsection (d), not later than 8 years after the
enforceability date, the Secretary shall complete the design
and construction of improvements to the irrigation system that
serves the cooperative farm.
``(2) Extension of existing irrigation system within the
san xavier reservation.--
``(A) In general.--Except as provided in subsection
(d), not later than 8 years after the enforceability
date, in addition to the improvements described in
paragraph (1), the Secretary shall complete the design
and construction of the extension of the irrigation
system for the cooperative farm.
``(B) Capacity.--On completion of the extension,
the extended cooperative farm irrigation system shall
serve 2,300 net irrigable acres on the San Xavier
Reservation, unless the Secretary and the San Xavier
Cooperative Association agree on fewer net irrigable
acres.
``(3) Construction of new farm.--
``(A) In general.--Except as provided in subsection
(d), not later than 8 years after the enforceability
date, the Secretary shall--
``(i) design and construct within the San
Xavier Reservation such additional canals,
laterals, farm ditches, and irrigation works as
are necessary for the efficient distribution
for agricultural purposes that portion of the
27,000 acre-feet annually of water described in
subsection (a)(1) that is not required for the
irrigation systems described in paragraphs (1)
and (2) of subsection (c); or
``(ii) in lieu of the actions described in
clause (i), pay to the San Xavier District
$18,300,000 in full satisfaction of the
obligations of the United States described in
clause (i).
``(B) Election.--
``(i) In general.--The San Xavier District
Council may make a nonrevocable election
whether to receive the benefits described under
subparagraph (A) by notifying the Secretary by
not later than 180 days after the
enforceability date, by written and certified
resolution of the San Xavier District Council.
``(ii) No resolution.--If the Secretary
does not receive such a resolution by the
deadline specified in clause (i), the Secretary
shall pay $18,300,000 to the San Xavier
District in lieu of carrying out the
obligations of the United States under
subparagraph (A)(i).
``(C) Source of funds and time of payment.--
``(i) In general.--Payment of $18,300,000
under this paragraph shall be made by the
Secretary from the Lower Colorado River Basin
Development Fund--
``(I) not later than 60 days after
an election described in subparagraph
(B) is made (if such an election is
made); or
``(II) not later than 240 days
after the enforceability date, if no
timely election is made.
``(ii) Payment for additional structures.--
Payment of amounts necessary to design and
construct such additional canals, laterals,
farm ditches, and irrigation works as are
described in subparagraph (A)(i) shall be made
by the Secretary from the Lower Colorado River
Basin Development Fund, if an election is made
to receive the benefits under subparagraph
(A)(i).
``(4) Irrigation and delivery and distribution systems in
the eastern schuk toak district.--Except as provided in
subsection (d), not later than 1 year after the enforceability
date, the Secretary shall complete the design and construction
of an irrigation system and delivery and distribution system to
serve the farm that is constructed in the eastern Schuk Toak
District.
``(d) Extension of Deadlines.--
``(1) In general.--The Secretary may extend a deadline
under subsection (c) if the Secretary determines that
compliance with the deadline is impracticable by reason of--
``(A) a material breach by a contractor of a
contract that is relevant to carrying out a project or
activity described in subsection (c);
``(B) the inability of such a contractor, under
such a contract, to carry out the contract by reason of
force majeure, as defined by the Secretary in the
contract;
``(C) unavoidable delay in compliance with
applicable Federal and tribal laws, as determined by
the Secretary, including--
``(i) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); and
``(ii) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); or
``(D) stoppage in work resulting from the
assessment of a tax or fee that is alleged in any court
of jurisdiction to be confiscatory or discriminatory.
``(2) Notice of finding.--If the Secretary extends a
deadline under paragraph (1), the Secretary shall--
``(A) publish a notice of the extension in the
Federal Register; and
``(B)(i) include in the notice an estimate of such
additional period of time as is necessary to complete
the project or activity that is the subject of the
extension; and
``(ii) specify a deadline that provides for a
period for completion of the project before the end of
the period described in clause (i).
``(e) Authority of Secretary.--
``(1) In general.--In carrying out this title, after
providing reasonable notice to the Nation, the Secretary, in
compliance with all applicable law, may enter, construct works
on, and take such other actions as are related to the entry or
construction on land within the San Xavier District and the
Schuk Toak District.
``(2) Effect on federal activity.--Nothing in this
subsection affects the authority of the United States, or any
Federal officer, agent, employee, or contractor, to conduct
official Federal business or carry out any Federal duty
(including any Federal business or duty under this title) on
land within the eastern Schuk Toak District or the San Xavier District.
``(f) Use of Funds.--
``(1) In general.--With respect to any funds received under
subsection (c)(3)(A), the San Xavier District--
``(A) shall hold the funds in trust, and invest the
funds in interest-bearing deposits and securities,
until expended;
``(B) may expend the principal of the funds, and
any interest and dividends that accrue on the
principal, only in accordance with a budget that is--
``(i) authorized by the San Xavier District
Council; and
``(ii) approved by resolution of the
Legislative Council of the Nation; and
``(C) shall expend the funds--
``(i) for any subjugation of land,
development of water resources, or
construction, operation, maintenance, or
replacement of facilities within the San Xavier
Reservation that is not required to be carried
out by the United States under this title or
any other provision of law;
``(ii) to provide governmental services,
including--
``(I) programs for senior citizens;
``(II) health care services;
``(III) education;
``(IV) economic development loans
and assistance; and
``(V) legal assistance programs;
``(iii) to provide benefits to allottees;
``(iv) to pay the costs of activities of
the San Xavier Allottees Association; or
``(v) to pay any administrative costs
incurred by the Nation or the San Xavier
District in conjunction with any of the
activities described in clauses (i) through
(iv).
``(2) No liability of secretary; limitation.--
``(A) In general.--The Secretary shall not--
``(i) be responsible for any review,
approval, or audit of the use and expenditure
of the funds described in paragraph (1); or
``(ii) be subject to liability for any
claim or cause of action arising from the use
or expenditure, by the Nation or the San Xavier
District, of those funds.
``(B) Limitation.--No portion of any funds
described in paragraph (1) shall be used for per capita
payments to any individual member of the Nation or any
allottee.
``SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER
SUPPLIES.
``(a) Delivery of Water.--
``(1) In general.--The Secretary shall deliver water from
the main project works of the Central Arizona Project, in such
quantities, and in accordance with such terms and conditions,
as are contained in the agreement of December 11, 1980, the
1982 Act, and the agreement of October 11, 1983, to 1 or more
of--
``(A) the cooperative farm;
``(B) the eastern Schuk Toak District;
``(C) turnouts existing on the enforceability date;
and
``(D) any other point of delivery on the Central
Arizona Project main aqueduct that is agreed to by--
``(i) the Secretary;
``(ii) the operator of the Central Arizona
Project; and
``(iii) the Nation.
``(2) Delivery.--The Secretary shall deliver the water
covered by sections 304(a) and 306(a), or an equivalent
quantity of water from a source identified under subsection
(b)(1), notwithstanding--
``(A) any declaration by the Secretary of a water
shortage on the Colorado River; or
``(B) any other occurrence affecting water delivery
caused by an act or omission of--
``(i) the Secretary;
``(ii) the United States; or
``(iii) any officer, employee, contractor,
or agent of the Secretary or United States.
``(b) Acquisition of Land and Water.--
``(1) Delivery.--
``(A) In general.--Except as provided in
subparagraph (B), if the Secretary, under the terms and
conditions of the agreements referred to in subsection
(a)(1), is unable, during any year, to deliver from the
main project works of the Central Arizona Project any
portion of the quantity of water covered by sections
304(a) and 306(a), the Secretary shall identify,
acquire and deliver an equivalent quantity of water
from, any appropriate source.
``(B) Exception.--The Secretary shall not acquire
any water under subparagraph (A) through any
transaction that would cause depletion of groundwater
supplies or aquifers in the San Xavier District or the
eastern Schuk Toak District.
``(2) Private land and interests.--
``(A) Acquisition.--
``(i) In general.--Subject to subparagraph
(B), the Secretary may acquire such private
land, or interests in private land, that
include rights in surface or groundwater
recognized under State law, as are necessary
for the acquisition and delivery of water under
this subsection.
``(ii) Compliance.--In acquiring rights in
surface water under clause (i), the Secretary
shall comply with all applicable severance and
transfer requirements under State law.
``(B) Prohibition on taking.--The Secretary shall
not acquire any land, water, water rights, or contract
rights under subparagraph (A) without the consent of
the owner of the land, water, water rights, or contract
rights.
``(C) Priority.--In acquiring any private land or
interest in private land under this paragraph, the
Secretary shall give priority to the acquisition of
land on which water has been put to beneficial use
during any 1-year period during the 5-year period
preceding the date of acquisition of the land by the
Secretary.
``(3) Deliveries from acquired land.--Deliveries of water
from land acquired under paragraph (2) shall be made only to
the extent that the water may be transported within the Tucson
management area under applicable law.
``(4) Delivery of effluent.--
``(A) In general.--Except on receipt of prior
written consent of the Nation, the Secretary shall not
deliver effluent directly to the Nation under this
subsection.
``(B) No separate delivery system.--The Secretary
shall not construct a separate delivery system to
deliver effluent to the San Xavier Reservation or the
eastern Schuk Toak District.
``(C) No imposition of obligation.--Nothing in this
paragraph imposes any obligation on the United States
to deliver effluent to the Nation.
``(c) Agreements and Contracts.--To facilitate the delivery of
water to the San Xavier Reservation and the eastern Schuk Toak District
under this title, the Secretary may enter into a contract or agreement
with the State, an irrigation district or project, or entity--
``(1) for--
``(A) the exchange of water; or
``(B) the use of aqueducts, canals, conduits, and
other facilities (including pumping plants) for water
delivery; or
``(2) to use facilities constructed, in whole or in part,
with Federal funds.
``(d) Compensation and Disbursements.--
``(1) Compensation.--If the Secretary is unable to acquire
and deliver sufficient quantities of water under section
304(a), this section, or section 306(a), the Secretary shall
provide compensation in accordance with paragraph (2) in
amounts equal to--
``(A)(i) the value of such quantities of water as
are not acquired and delivered, if the delivery and
distribution system for, and the improvements to, the
irrigation system for the cooperative farm have not
been completed by the deadline required under section
304(c)(1); or
``(ii) the value of such quantities of water as--
``(I) are ordered by the Nation for use by
the Cooperative Association in the irrigation
system; but
``(II) are not delivered in any calendar
year;
``(B)(i) the value of such quantities of water as
are not acquired and delivered, if the extension of the
irrigation system is not completed by the deadline
required under section 304(c)(2); or
``(ii) the value of such quantities of water as--
``(I) are ordered by the Nation for use by
the Cooperative Association in the extension to
the irrigation system; but
``(II) are not delivered in any calendar
year; and
``(C)(i) the value of such quantities of water as
are not acquired and delivered, if the irrigation
system is not completed by the deadline required under
section 304(c)(4); or
``(ii) except as provided in clause (i), the value
of such quantities of water as--
``(I) are ordered by the Nation for use in
the irrigation system, or for use by any person
or entity (other than the Cooperative
Association); but
``(II) are not delivered in any calendar
year.
``(2) Disbursement.--Any compensation payable under
paragraph (1) shall be disbursed--
``(A) with respect to compensation payable under
subparagraphs (A) and (B) of paragraph (1), to the
Cooperative Association; and
``(B) with respect to compensation payable under
paragraph (1)(C), to the Nation for retention by the
Nation or disbursement to water users, under the
provisions of the water code or other applicable laws
of the Nation.
``(e) No Effect on Water Rights.--Nothing in this section
authorizes the Secretary to acquire or otherwise affect the water
rights of any Indian tribe.
``SEC. 306. ADDITIONAL WATER DELIVERY.
``(a) In General.--In addition to the delivery of water described
in section 304(a), the Secretary shall deliver from the main project
works of the Central Arizona Project, a total of 28,200 acre-feet of
NIA priority water suitable for agricultural use, of which--
``(1) 23,000 acre-feet shall--
``(A) be delivered to, and used by, the San Xavier
Reservation; or
``(B) otherwise be used by the Nation in accordance
with section 309; and
``(2) 5,200 acre-feet shall--
``(A) be delivered to, and used by, the eastern
Schuk Toak District; or
``(B) otherwise be used by the Nation in accordance
with section 309.
``(b) State Contribution.--To assist the Secretary in firming water
under section 105(b)(1)(A) of the Arizona Water Settlements Act, the
State shall contribute $3,000,000--
``(1) in accordance with a schedule that is acceptable to
the Secretary and the State; and
``(2) in the form of cash or in-kind goods and services.
``SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIVERY, REVENUE
SHARING.
``(a) Conditions on Actions of Secretary.--The Secretary shall
carry out section 304(c), subsections (a), (b), and (d) of section 305,
and section 306, only if--
``(1) the Nation agrees--
``(A) except as provided in section 308(f)(1), to
limit the quantity of groundwater withdrawn by
nonexempt wells from beneath the San Xavier Reservation
to not more than 10,000 acre-feet;
``(B) except as provided in section 308(f)(2), to
limit the quantity of groundwater withdrawn by
nonexempt wells from beneath the eastern Schuk Toak
District to not more than 3,200 acre-feet;
``(C) to comply with water management plans
established by the Secretary under section 308(d);
``(D) to consent to the San Xavier District being
deemed a tribal organization (as defined in section
900.6 of title 25, Code of Federal Regulations (or any
successor regulations)) for purposes identified in
subparagraph (E)(iii)(I), as permitted with respect to
tribal organizations under title I of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.);
``(E) subject to compliance by the Nation with
other applicable provisions of part 900 of title 25,
Code of Federal Regulations (or any successor
regulations), to consent to contracting by the San
Xavier District under section 311(b), on the conditions
that--
``(i)(I) the plaintiffs in the Adams case,
Alvarez case, and Tucson case have stipulated
to the dismissal, with prejudice, of claims in
those cases; and
``(II) those cases have been dismissed with
prejudice;
``(ii) the San Xavier Cooperative
Association has agreed to assume
responsibility, after completion of each of the
irrigation systems described in paragraphs (1),
(2), and (3) of section 304(c) and on the
delivery of water to those systems, for the
operation, maintenance, and replacement of
those systems in accordance with the first
section of the Act of August 1, 1914 (25 U.S.C.
385); and
``(iii) with respect to the consent of the
Nation to contracting--
``(I) the consent is limited solely
to contracts for--
``(aa) the design and
construction of the delivery
and distribution system and the
rehabilitation of the
irrigation system for the
cooperative farm;
``(bb) the extension of the
irrigation system for the
cooperative farm;
``(cc) the subjugation of
land to be served by the
extension of the irrigation
system;
``(dd) the design and
construction of storage
facilities solely for water
deliverable for use within the
San Xavier Reservation; and
``(ee) the completion by
the Secretary of a water
resources study of the San
Xavier Reservation and
subsequent preparation of a
water management plan under
section 308(d);
``(II) the Nation shall reserve the
right to seek retrocession or
reassumption of contracts described in
subclause (I), and recontracting under
subpart P and other applicable
provisions of part 900 of title 25,
Code of Federal Regulations (or any
successor regulations);
``(III) the Nation, on granting
consent to such contracting, shall be
released from any responsibility,
liability, claim, or cost from and
after the date on which consent is
given, with respect to past action or
inaction by the Nation, and subsequent
action or inaction by the San Xavier
District, relating to the design and
construction of irrigation systems for
the cooperative farm or the Central
Arizona Project link pipeline; and
``(IV) the Secretary shall, on the
request of the Nation, execute a waiver
and release to carry out subclause
(III);
``(F) to subjugate, at no cost to the United
States, the land for which the irrigation systems under
paragraphs (2) and (3) of section 304(c) will be
planned, designed, and constructed by the Secretary, on
the condition that--
``(i) the obligation of the Nation to
subjugate the land in the cooperative farm that
is to be served by the extension of the
irrigation system under section 304(c)(2) shall
be determined by the Secretary, in consultation
with the Nation and the San Xavier Cooperative
Association; and
``(ii) subject to approval by the Secretary
of a contract with the San Xavier District
executed under section 311, to perform that
subjugation, a determination by the Secretary
of the subjugation costs under clause (i), and
the provision of notice by the San Xavier
District to the Nation at least 180 days before
the date on which the District Council
certifies by resolution that the subjugation is
scheduled to commence, the Nation pays to the
San Xavier District, not later than 90 days before the date on which
the subjugation is scheduled to commence, from the trust fund under
section 315, or from other sources of funds held by the Nation, the
amount determined by the Secretary under clause (i); and
``(G) subject to valid existing rights, section 7
of the Act of February 8, 1887 (25 U.S.C. 381), this
title, other applicable Federal law, a water management
plan developed under section 308(d), and the water code
and other applicable laws of the Nation, that the
Nation--
``(i) shall allocate as a first right of
beneficial use by allottees, the San Xavier
District, and other persons within the San
Xavier Reservation--
``(I) 35,000 acre-feet of the
50,000 acre-feet of water deliverable
under sections 304(a)(1) and 306(a)(1),
including the use of the allocation--
``(aa) to fulfill the
obligations prescribed in the
Asarco agreement; and
``(bb) for groundwater
storage, maintenance of
instream flows, and maintenance
of riparian vegetation and
habitat;
``(II) the 10,000 acre-feet of
groundwater identified in subsection
(a)(1)(A);
``(III) the groundwater withdrawn
from exempt wells;
``(IV) the deferred pumping storage
credits authorized by section
308(f)(1)(B); and
``(V) the storage credits resulting
from a project authorized in section
308(e) that cannot be lawfully
transferred or otherwise disposed of to
persons for recovery outside the
Nation's Reservation; and
``(ii) subject to section 309(b)(2), has
the right--
``(I) to use, or authorize other
persons or entities to use, any portion
of the allocation of 35,000 acre-feet
of water deliverable under sections
304(a)(1) and 306(a)(1) outside the San
Xavier Reservation for any period
during which there is no identified
actual use of the water within the San
Xavier Reservation;
``(II) as a first right of use, to
use the remaining acre-feet of water
deliverable under sections 304(a)(1)
and 306(a)(1) for any purpose and
duration authorized by this title
within or outside the Nation's
Reservation; and
``(III) subject to section 308(e),
as an exclusive right, to transfer or
otherwise dispose of the storage
credits that may be lawfully
transferred or otherwise disposed of to
persons for recovery outside the
Nation's Reservation;
``(iii) shall issue permits to persons or
entities for use of the water resources
referred to in clause (i);
``(iv) shall, on timely receipt of an order
for water by a permittee under a permit for
Central Arizona Project water referred to in
clause (i), submit the order to--
``(I) the Secretary; or
``(II) the operating agency for the
Central Arizona Project;
``(v) shall issue permits for water
deliverable under sections 304(a)(2) and
306(a)(2), including quantities of water
reasonably necessary for the irrigation system
referred to in section 304(c)(3);
``(vi) shall issue permits for groundwater
that may be withdrawn from nonexempt wells in
the eastern Schuk Toak District; and
``(vii) shall, on timely receipt of an
order for water by a permittee under a permit
for water referred to in clause (v), submit the
order to--
``(I) the Secretary; or
``(II) the operating agency for the
Central Arizona Project; and
``(2) the Adams case, Alvarez case, and Tucson case have
been dismissed with prejudice.
``(b) Responsibilities on Completion.--On completion of an
irrigation system or extension of an irrigation system described in
paragraph (1) or (2) of section 304(c), or in the case of the
irrigation system described in section 304(c)(3), if such irrigation
system is constructed on individual Indian trust allotments, neither
the United States nor the Nation shall be responsible for the
operation, maintenance, or replacement of the system.
``(c) Payment of Charges.--The Nation shall not be responsible for
payment of any water service capital charge for Central Arizona Project
water delivered under section 304, subsection (a) or (b) of section
305, or section 306.
``SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STORAGE PROJECTS;
STORAGE ACCOUNTS; GROUNDWATER.
``(a) Water Resources.--Water resources described in clauses (i)
and (ii) of section 307(a)(1)(G)--
``(1) shall be subject to section 7 of the Act of February
8, 1887 (25 U.S.C. 381); and
``(2) shall be apportioned pursuant to clauses (i) and (ii)
of section 307(a)(1)(G).
``(b) Water Code.--Subject to this title and any other applicable
law, the Nation shall--
``(1) manage, regulate, and control the water resources of
the Nation and the water resources granted or confirmed under
this title;
``(2) establish conditions, limitations, and permit
requirements, and promulgate regulations, relating to the
storage, recovery, and use of surface water and groundwater
within the Nation's Reservation; and
``(3) enact and maintain--
``(A) as soon as practicable after the
enforceability date, an interim allottee water rights
code that--
``(i) is consistent with subsection (a);
``(ii) prescribes the rights of allottees
identified in paragraph (4); and
``(iii) provides that the interim allottee
water rights code shall be incorporated in the
comprehensive water code referred to in
subparagraph (B); and
``(B) not later than 3 years after the
enforceability date, a comprehensive water code
applicable to the water resources granted or confirmed
under this title;
``(4) include in each of the water codes enacted under
subparagraphs (A) and (B) of paragraph (3)--
``(A) an acknowledgement of the rights described in
subsection (a);
``(B) a process by which a just and equitable
distribution of the water resources referred to in
subsection (a), and any compensation provided under
section 305(d), shall be provided to allottees;
``(C) a process by which an allottee may request
and receive a permit for the use of any water resources
referred to in subsection (a), except the water
resources referred to in section 307(a)(1)(G)(ii)(III)
and subject to the Nation's first right of use under
section 307(a)(1)(G)(ii)(II);
``(D) provisions for the protection of due process
with respect to members of the Nation and allottees,
including--
``(i) a fair procedure for consideration
and determination of any request by--
``(I) a member of the Nation, for a
permit for use of available water
resources granted or confirmed by this
title; and
``(II) an allottee, for a permit
for use of--
``(aa) the water resources
identified in section
307(a)(1)(G)(i) that are
subject to a first right of
beneficial use; or
``(bb) subject to the first
right of use of the Nation,
available water resources
identified in section
307(a)(1)(G)(i)(II);
``(ii) provisions for--
``(I) appeals and adjudications of
denied or disputed permits; and
``(II) resolution of contested
administrative decisions; and
``(iii) a waiver by the Nation of the
sovereign immunity of the Nation only with
respect to proceedings described in clause (ii)
for claims of declaratory and injunctive
relief; and
``(E) a process for satisfying any entitlement to
the water resources referred to in section
307(a)(1)(G)(i) for which fee owners of allotted land
have received final determinations under applicable
law; and
``(5) submit to the Secretary the comprehensive water code,
for approval by the Secretary only of the provisions of the
water code (and any amendments to the water code), that
implement, with respect to the allottees, the standards
described in paragraph (4).
``(c) Water Code Approval.--
``(1) In general.--On receipt of a comprehensive water code
under subsection (b)(5), the Secretary shall--
``(A) issue a written approval of the water code;
or
``(B) provide a written notification to the Nation
that--
``(i) identifies such provisions of the
water code that do not conform to subsection
(b); and
``(ii) recommends specific corrective
language for each nonconforming provision.
``(2) Revision by nation.--If the Secretary identifies
nonconforming provisions in the water code under paragraph
(1)(B)(i), the Nation shall revise the water code in accordance
with the recommendations of the Secretary under paragraph
(1)(B)(ii).
``(3) Interim authority.--Until such time as the Nation
revises the water code of the Nation in accordance with
paragraph (2) and the Secretary subsequently approves the water
code, the Secretary may exercise any lawful authority of the
Secretary under section 7 of the Act of February 8, 1887 (25
U.S.C. 381).
``(4) Limitation.--Except as provided in this subsection,
nothing in this title requires the approval of the Secretary of
the water code of the Nation (or any amendment to that water
code).
``(d) Water Management Plans.--
``(1) In general.--The Secretary shall establish, for the
San Xavier Reservation and the eastern Schuk Toak District,
water management plans that meet the requirements described in
paragraph (2).
``(2) Requirements.--Water management plans established
under paragraph (1)--
``(A) shall be developed under contracts executed
under section 311 between the Secretary and the San
Xavier District for the San Xavier Reservation, and
between the Secretary and the Nation for the eastern Schuk Toak
District, as applicable, that permit expenditures, exclusive of
administrative expenses of the Secretary, of not more than--
``(i) with respect to a contract between
the Secretary and the San Xavier District,
$891,200; and
``(ii) with respect to a contract between
the Secretary and the Nation, $237,200;
``(B) shall, at a minimum--
``(i) provide for the measurement of all
groundwater withdrawals, including withdrawals
from each well that is not an exempt well;
``(ii) provide for--
``(I) reasonable recordkeeping of
water use, including the quantities of
water stored underground and recovered
each calendar year; and
``(II) a system for the reporting
of withdrawals from each well that is
not an exempt well;
``(iii) provide for the direct storage and
deferred storage of water, including the
implementation of underground storage and
recovery projects, in accordance with this
section;
``(iv) provide for the annual exchange of
information collected under clauses (i) through
(iii)--
``(I) between the Nation and the
Arizona Department of Water Resources;
and
``(II) between the Nation and the
city of Tucson, Arizona;
``(v) provide for--
``(I) the efficient use of water;
and
``(II) the prevention of waste;
``(vi) except on approval of the district
council for a district in which a direct
storage project is established under subsection
(e), provide that no direct storage credits
earned as a result of the project shall be
recovered at any location at which the recovery
would adversely affect surface or groundwater
supplies, or lower the water table at any
location, within the district; and
``(vii) provide for amendments to the water
plan in accordance with this title;
``(C) shall authorize the establishment and
maintenance of 1 or more underground storage and
recovery projects in accordance with subsection (e), as
applicable, within--
``(i) the San Xavier Reservation; or
``(ii) the eastern Schuk Toak District; and
``(D) shall be implemented and maintained by the
Nation, with no obligation by the Secretary.
``(e) Underground Storage and Recovery Projects.--The Nation is
authorized to establish direct storage and recovery projects in
accordance with the Tohono O'odham settlement agreement.
``(f) Groundwater.--
``(1) San xavier reservation.--
``(A) In general.--In accordance with section
307(a)(1)(A), 10,000 acre-feet of groundwater may be
pumped annually within the San Xavier Reservation.
``(B) Deferred pumping.--
``(i) In general.--Subject to clause (ii),
all or any portion of the 10,000 acre-feet of
water not pumped under subparagraph (A) in a
year--
``(I) may be withdrawn in a
subsequent year; and
``(II) if any of that water is
withdrawn, shall be accounted for in
accordance with the Tohono O'odham
settlement agreement as a debit to the
deferred pumping storage account.
``(ii) Limitation.--The quantity of water
authorized to be recovered as deferred pumping
storage credits under this subparagraph shall
not exceed--
``(I) 50,000 acre-feet for any 10-
year period; or
``(II) 10,000 acre-feet in any
year.
``(C) Recovery of additional water.--In addition to
the quantity of groundwater authorized to be pumped
under subparagraphs (A) and (B), the Nation may
annually recover within the San Xavier Reservation all
or a portion of the credits for water stored under a
project described in subsection (e).
``(2) Eastern schuk toak district.--
``(A) In general.--In accordance with section
307(a)(1)(B), 3,200 acre-feet of groundwater may be
pumped annually within the eastern Schuk Toak District.
``(B) Deferred pumping.--
``(i) In general.--Subject to clause (ii),
all or any portion of the 3,200 acre-feet of
water not pumped under subparagraph (A) in a
year--
``(I) may be withdrawn in a
subsequent year; and
``(II) if any of that water is
withdrawn, shall be accounted for in
accordance with the Tohono O'odham
settlement agreement as a debit to the
deferred pumping storage account.
``(ii) Limitation.--The quantity of water
authorized to be recovered as deferred pumping
storage credits under this subparagraph shall
not exceed--
``(I) 16,000 acre-feet for any 10-
year period; or
``(II) 3,200 acre-feet in any year.
``(C) Recovery of additional water.--In addition to
the quantity of groundwater authorized to be pumped
under subparagraphs (A) and (B), the Nation may
annually recover within the eastern Schuk Toak District
all or a portion of the credits for water stored under
a project described in subsection (e).
``(3) Inability to recover groundwater.--
``(A) In general.--The authorizations to pump
groundwater in paragraphs (1) and (2) neither warrant
nor guarantee that the groundwater--
``(i) physically exists; or
``(ii) is recoverable.
``(B) Claims.--With respect to groundwater
described in subparagraph (A)--
``(i) subject to paragraph 8.8 of the
Tohono O'odham settlement agreement, the
inability of any person to pump or recover that
groundwater shall not be the basis for any
claim by the United States or the Nation
against any person or entity withdrawing or
using the water from any common supply; and
``(ii) the United States and the Nation
shall be barred from asserting any and all
claims for reserved water rights with respect
to that groundwater.
``(g) Exempt Wells.--Any groundwater pumped from an exempt well
located within the San Xavier Reservation or the eastern Schuk Toak
District shall be exempt from all pumping limitations under this title.
``(h) Inability of Secretary To Deliver Water.--The Nation is
authorized to pump additional groundwater in any year in which the
Secretary is unable to deliver water required to carry out sections
304(a) and 306(a) in accordance with the Tohono O'odham settlement
agreement.
``(i) Payment of Compensation.--Nothing in this section affects any
obligation of the Secretary to pay compensation in accordance with
section 305(d).
``SEC. 309. USES OF WATER.
``(a) Permissible Uses.--Subject to other provisions of this
section and other applicable law, the Nation may devote all water
supplies granted or confirmed under this title, whether delivered by
the Secretary or pumped by the Nation, to any use (including any
agricultural, municipal, domestic, industrial, commercial, mining,
underground storage, instream flow, riparian habitat maintenance, or
recreational use).
``(b) Use Area.--
``(1) Use within nation's reservation.--Subject to
subsection (d), the Nation may use at any location within the
Nation's Reservation--
``(A) the water supplies acquired under sections
304(a) and 306(a);
``(B) groundwater supplies; and
``(C) storage credits acquired as a result of
projects authorized under section 308(e), or deferred
storage credits described in section 308(f), except to
the extent that use of those storage credits causes the
withdrawal of groundwater in violation of applicable
Federal law.
``(2) Use outside the nation's reservation.--
``(A) In general.--Water resources granted or
confirmed under this title may be sold, leased,
transferred, or used by the Nation outside of the
Nation's Reservation only in accordance with this
title.
``(B) Use within certain area.--Subject to
subsection (c), the Nation may use the Central Arizona
Project water supplies acquired under sections 304(a)
and 306(a) within the Central Arizona Project service
area.
``(C) State law.--With the exception of Central
Arizona Project water and groundwater withdrawals under
the Asarco agreement, the Nation may sell, lease,
transfer, or use any water supplies and storage credits
acquired as a result of a project authorized under
section 308(e) at any location outside of the Nation's
Reservation, but within the State, only in accordance
with State law.
``(D) Limitation.--Deferred pumping storage credits
provided for in section 308(f) shall not be sold,
leased, transferred, or used outside the Nation's
Reservation.
``(E) Prohibition on use outside the state.--No
water acquired under section 304(a) or 306(a) shall be
leased, exchanged, forborne, or otherwise transferred
by the Nation for any direct or indirect use outside
the State.
``(c) Exchanges and Leases; Conditions on Exchanges and Leases;
Right of First Refusal.--
``(1) In general.--With respect to users outside the
Nation's Reservation, the Nation may, for a term of not to
exceed 100 years, assign, exchange, lease, provide an option to
lease, or otherwise temporarily dispose of to the users,
Central Arizona Project water to which the Nation is entitled
under sections 304(a) and 306(a) or storage credits acquired
under section 308(e), if the assignment, exchange, lease,
option, or temporary disposal is carried out in accordance
with--
``(A) this subsection; and
``(B) subsection (b)(2).
``(2) Limitation on alienation.--The Nation shall not
permanently alienate any water right under paragraph (1).
``(3) Authorized uses.--The water described in paragraph
(1) shall be delivered within the Central Arizona Project
service area for any use authorized under applicable law.
``(4) Contract.--An assignment, exchange, lease, option, or
temporary disposal described in paragraph (1) shall be executed
only in accordance with a contract that--
``(A) is accepted by the Nation;
``(B) is ratified under a resolution of the
Legislative Council of the Nation;
``(C) is approved by the United States as Trustee;
and
``(D) with respect to any contract to which the
United States or the Secretary is a party, provides
that an action may be maintained by the contracting
party against the United States and the Secretary for a
breach of the contract by the United States or
Secretary, as appropriate.
``(5) Terms exceeding 25 years.--The terms and conditions
established in paragraph 11 of the Tohono O'odham settlement
agreement shall apply to any contract under paragraph (4) that
has a term of greater than 25 years.
``(d) Limitations on Use, Exchanges, and Leases.--The rights of the
Nation to use water supplies under subsection (a), and to assign,
exchange, lease, provide options to lease, or temporarily dispose of
the water supplies under subsection (c), shall be exercised on
conditions that ensure, to the maximum extent practicable, the
availability of water supplies to satisfy the first right of beneficial
use under section 307(a)(1)(G)(i).
``(e) Water Service Capital Charges.--In any transaction entered
into by the Nation and another person under subsection (c) with respect
to Central Arizona Project water of the Nation, the person shall not be
obligated to pay to the United States or the Central Arizona Water
Conservation District any water service capital charge.
``(f) Water Rights Unaffected by Use or Nonuse.--The failure of the
Nation to make use of water provided under this title, or the use of,
or failure to make use of, that water by any other person that enters
into a contract with the Nation under subsection (c) for the
assignment, exchange, lease, option for lease, or temporary disposal of
water, shall not diminish, reduce, or impair--
``(1) any water right of the Nation, as established under
this title or any other applicable law; or
``(2) any water use right recognized under this title,
including--
``(A) the first right of beneficial use referred to
in section 307(a)(1)(G)(i); or
``(B) the allottee use rights referred to in
section 308(a).
``(g) Amendment to Agreement of December 11, 1980.--The Secretary
shall amend the agreement of December 11, 1980 to provide that--
``(1) the contract shall be--
``(A) for permanent service (within the meaning of
section 5 of the Boulder Canyon Project Act of 1928 (43
U.S.C. 617d)); and
``(B) without limit as to term;
``(2) the Nation may, with the approval of the Secretary--
``(A) in accordance with subsection (c), assign,
exchange, lease, enter into an option to lease, or
otherwise temporarily dispose of water to which the
Nation is entitled under sections 304(a) and 306(a);
and
``(B) renegotiate any lease at any time during the
term of the lease if the term of the renegotiated lease
does not exceed 100 years;
``(3)(A) the Nation shall be entitled to all consideration
due to the Nation under any leases and any options to lease or
exchanges or options to exchange the Nation's Central Arizona
Project water entered into by the Nation; and
``(B) the United States shall have no trust obligation or
other obligation to monitor, administer, or account for any
consideration received by the Nation under those leases or
options to lease and exchanges or options to exchange;
``(4)(A) all of the Nation's Central Arizona Project water
shall be delivered through the Central Arizona Project
aqueduct; and
``(B) if the delivery capacity of the Central Arizona
Project aqueduct is significantly reduced or is anticipated to
be significantly reduced for an extended period of time, the
Nation shall have the same Central Arizona Project delivery
rights as other Central Arizona Project contractors and Central
Arizona Project subcontractors, if the Central Arizona Project
contractors or Central Arizona Project subcontractors are
allowed to take delivery of water other than through the
Central Arizona Project aqueduct;
``(5) the Nation may use the Nation's Central Arizona
Project water on or off of the Nation's Reservation for the
purposes of the Nation consistent with this title;
``(6) as authorized by subparagraph (A) of section
403(f)(2) of the Colorado River Basin Project Act (43 U.S.C.
1543(f)(2)) (as amended by section 107(a)) and to the extent
that funds are available in the Lower Colorado River Basin
Development Fund established by section 403 of that Act (43
U.S.C. 1543), the United States shall pay to the Central
Arizona Project operating agency the fixed operation,
maintenance, and replacement charges associated with the
delivery of the Nation's Central Arizona Project water, except
for the Nation's Central Arizona Project water leased by
others;
``(7) the costs associated with the construction of the
delivery and distribution system--
``(A) shall be nonreimbursable; and
``(B) shall be excluded from any repayment
obligation of the Nation;
``(8) no water service capital charges shall be due or
payable for the Nation's Central Arizona Project water,
regardless of whether the Central Arizona Project water is
delivered for use by the Nation or is delivered pursuant to any
leases or options to lease or exchanges or options to exchange
the Nation's Central Arizona Project water entered into by the
Nation;
``(9) the agreement of December 11, 1980, conforms with
section 104(d) and section 306(a) of the Arizona Water
Settlements Act; and
``(10) the amendments required by this subsection shall not
apply to the 8,000 acre feet of Central Arizona Project water
contracted by the Nation in the agreement of December 11, 1980
for the Sif Oidak District.
``(h) Ratification of Agreements.--
``(1) In general.--Notwithstanding any other provision of
law, each of the agreements described in paragraph (2)--
``(A) is authorized, ratified, and confirmed; and
``(B) shall be executed by the Secretary.
``(2) Agreements.--The agreements described in this
paragraph are--
``(A) the Tohono O'odham settlement agreement, to
the extent that--
``(i) the Tohono O'odham settlement
agreement is consistent with this title; and
``(ii) parties to the Tohono O'odham
settlement agreement other than the Secretary
have executed that agreement;
``(B) the Tucson agreement (attached to the Tohono
O'odham settlement agreement as exhibit 12.1); and
``(C)(i) the Asarco agreement (attached to the
Tohono O'odham settlement agreement as exhibit 13.1 to
the Tohono O'odham settlement agreement);
``(ii) lease No. H54-16-72, dated April 26, 1972,
and approved by the United States on November 14, 1972;
and
``(iii) any new well site lease as provided for in
the Asarco agreement; and
``(D) the FICO agreement (attached to the Tohono
O'odham settlement agreement as Exhibit 14.1).
``(3) Relation to other law.--
``(A) In general.--Execution of an agreement
described in paragraph (2) shall not constitute major
Federal action under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.).
``(B) Environmental compliance activities.--The
Secretary shall carry out all necessary environmental
compliance activities during the implementation of the
agreements described in paragraph (2), including
activities under--
``(i) the National Environmental Policy Act
(42 U.S.C. 4321 et seq.); and
``(ii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
``(C) Lead agency.--The Bureau of Reclamation shall
be the lead agency with respect to environmental
compliance under the agreements described in paragraph
(2).
``(i) Disbursements From Tucson Interim Water Lease.--The Secretary
shall disburse to the Nation, without condition, all proceeds from the
Tucson interim water lease.
``(j) Use of Gross Proceeds.--
``(1) Definition of gross proceeds.--In this subsection,
the term `gross proceeds' means all proceeds, without
reduction, received by the Nation from--
``(A) the Tucson interim water lease;
``(B) the Asarco agreement; and
``(C) any agreement similar to the Asarco agreement
to store Central Arizona Project water of the Nation,
instead of pumping groundwater, for the purpose of
protecting water of the Nation.
``(2) Entitlement.--The Nation shall be entitled to receive
all gross proceeds.
``(k) Statutory Construction.--Nothing in this title establishes
whether reserved water may be put to use, or sold for use, off any
reservation to which reserved water rights attach.
``SEC. 310. COOPERATIVE FUND.
``(a) Reauthorization.--
``(1) In general.--Congress reauthorizes, for use in
carrying out this title, the cooperative fund established in
the Treasury of the United States by section 313 of the 1982
Act.
``(2) Amounts in cooperative fund.--The cooperative fund
shall consist of--
``(A)(i) $5,250,000, as appropriated to the
cooperative fund under section 313(b)(3)(A) of the 1982
Act; and
``(ii) such amount, not to exceed $32,000,000, as
the Secretary determines, after providing notice to
Congress, is necessary to carry out this title;
``(B) any additional Federal funds deposited to the
cooperative fund under Federal law;
``(C) $5,250,000, as deposited in the cooperative
fund under section 313(b)(1)(B) of the 1982 Act, of
which--
``(i) $2,750,000 was contributed by the
State;
``(ii) $1,500,000 was contributed by the
city of Tucson; and
``(iii) $1,000,000 was contributed by--
``(I) the Anamax Mining Company;
``(II) the Cyprus-Pima Mining
Company;
``(III) the American Smelting and
Refining Company;
``(IV) the Duval Corporation; and
``(V) the Farmers Investment
Company;
``(D) all interest accrued on all amounts in the
cooperative fund beginning on October 12, 1982, less
any interest expended under subsection (b)(2); and
``(E) all revenues received from--
``(i) the sale or lease of effluent
received by the Secretary under the
contract between the United States and the city of Tucson to provide
for delivery of reclaimed water to the Secretary, dated October 11,
1983; and
``(ii) the sale or lease of storage credits
derived from the storage of that effluent.
``(b) Expenditures From Fund.--
``(1) In general.--Subject to paragraph (2), upon request
by the Secretary, the Secretary of the Treasury shall transfer
from the cooperative fund to the Secretary such amounts as the
Secretary determines are necessary to carry out obligations of
the Secretary under this title, including to pay--
``(A) the variable costs relating to the delivery
of water under sections 304 through 306;
``(B) fixed operation maintenance and replacement
costs relating to the delivery of water under sections
304 through 306, to the extent that funds are not
available from the Lower Colorado River Basin
Development Fund to pay those costs;
``(C) the costs of acquisition and delivery of
water from alternative sources under section 305; and
``(D) any compensation provided by the Secretary
under section 305(e).
``(2) Expenditure of interest.--With respect to interest
income accruing from amounts in the cooperative fund--
``(A) except as provided in paragraph (3), the
Secretary of the Interior may expend only interest
income accruing after the effective date; and
``(B) that interest income may be expended by the
Secretary of the Interior, without further
appropriation.
``(3) Expenditure of revenues.--Revenues described in
subpargraph (a)(2)(E) shall be available for expenditure under
paragraph (1).
``(c) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the cooperative fund as is not, in the
judgment of the Secretary of the Treasury, required to meet
current withdrawals determined by the Secretary. Investments
may be made only in interest-bearing obligations of the United
States.
``(2) Credits to cooperative fund.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the cooperative fund shall be credited to and form a
part of the cooperative fund.
``(d) Transfers of Amounts.--
``(1) In general.--The amounts required to be transferred
to the cooperative fund under this section shall be transferred
at least monthly from the general fund of the Treasury to the
cooperative fund on the basis of estimates made by the
Secretary of the Treasury.
``(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
``SEC. 311. CONTRACTING AUTHORITY; WATER QUALITY; STUDIES; ARID LAND
ASSISTANCE.
``(a) Functions of Secretary.--Except as provided in subsection
(f), the functions of the Secretary (or the Commissioner of
Reclamation, acting on behalf of the Secretary) under this title shall
be subject to the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) to the same extent as if those functions
were carried out by the Assistant Secretary for Indian Affairs.
``(b) San Xavier District as Contractor.--
``(1) In general.--Subject to the consent of the Nation and
other requirements under section 307(a)(1)(E), the San Xavier
District shall be considered to be an eligible contractor for
purposes of this title.
``(2) Technical assistance.--The Secretary shall provide to
the San Xavier District technical assistance in carrying out
the contracting requirements under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(c) Groundwater Monitoring Programs.--
``(1) San xavier indian reservation program.--
``(A) In general.--Not later than 180 days after
the enforceability date, the Secretary shall design and
carry out a comprehensive groundwater monitoring
program (including the drilling of wells and other
appropriate actions) to test, assess, and provide for
the long-term monitoring of the quality of groundwater
withdrawn from exempt wells and other wells within the
San Xavier Reservation.
``(B) Limitation on expenditures.--In carrying out
this paragraph, the Secretary shall expend not more
than $215,000.
``(2) Eastern schuk toak district program.--
``(A) In general.--Not later than 180 days after
the enforceability date, the Secretary shall design and
carry out a comprehensive groundwater monitoring
program (including the drilling of wells and other
appropriate actions) to test, assess, and provide for
the long-term monitoring of the quality of groundwater
withdrawn from exempt wells and other wells within the
eastern Schuk Toak District.
``(B) Limitation on expenditures.--In carrying out
this paragraph, the Secretary shall expend not more
than $175,000.
``(3) Duties of secretary.--
``(A) Consultation.--In carrying out paragraphs (1)
and (2), the Secretary shall consult with
representatives of--
``(i) the Nation;
``(ii) the San Xavier District and Schuk
Toak District, respectively; and
``(iii) appropriate State and local
entities.
``(B) Limitation on obligations of secretary.--With
respect to the groundwater monitoring programs
described in paragraphs (1) and (2), the Secretary shall have no
continuing obligation relating to those programs beyond the obligations
described in those paragraphs.
``(d) Water Resources Study.--To assist the Nation in developing
sources of water, the Secretary shall conduct a study to determine the
availability and suitability of water resources that are located--
``(1) within the Nation's Reservation; but
``(2) outside the Tucson management area.
``(e) Arid Land Renewable Resources.--If a Federal entity is
established to provide financial assistance to carry out arid land
renewable resources projects and to encourage and ensure investment in
the development of domestic sources of arid land renewable resources,
the entity shall--
``(1) give first priority to the needs of the Nation in
providing that assistance; and
``(2) make available to the Nation, San Xavier District,
Schuk Toak District, and San Xavier Cooperative Association
price guarantees, loans, loan guarantees, purchase agreements,
and joint venture projects at a level that the entity
determines will--
``(A) facilitate the cultivation of such minimum
number of acres as is determined by the entity to be
necessary to ensure economically successful cultivation
of arid land crops; and
``(B) contribute significantly to the economy of
the Nation.
``(f) Asarco Land Exchange Study.--
``(1) In general.--Not later than 2 years after the
enforceability date, the Secretary, in consultation with the
Nation, the San Xavier District, the San Xavier Allottees'
Association, and Asarco, shall conduct and submit to Congress a
study on the feasibility of a land exchange or land exchanges
with Asarco to provide land for future use by--
``(A) beneficial landowners of the Mission Complex
Mining Leases of September 18, 1959; and
``(B) beneficial landowners of the Mission Complex
Business Leases of May 12, 1959.
``(2) Components.--The study under paragraph (1) shall
include--
``(A) an analysis of the manner in which land
exchanges could be accomplished to maintain a
contiguous land base for the San Xavier Reservation;
and
``(B) a description of the legal status exchanged
land should have to maintain the political integrity of
the San Xavier Reservation.
``(3) Limitation on expenditures.--In carrying out this
paragraph, the Secretary shall expend not more than $250,000.
``SEC. 312. WAIVER AND RELEASE OF CLAIMS.
``(a) Waiver of Claims by the Nation.--Except as provided in
subsection (d), the Tohono O'odham settlement agreement shall provide
that the Nation waives and releases--
``(1) any and all past, present, and future claims for
water rights (including claims based on aboriginal occupancy)
arising from time immemorial and, thereafter, forever, and
claims for injuries to water rights arising from time
immemorial through the enforceability date, for land within the
Tucson management area, against--
``(A) the State (or any agency or political
subdivision of the State);
``(B) any municipal corporation; and
``(C) any other person or entity;
``(2) any and all claims for water rights arising from time
immemorial and, thereafter, forever, claims for injuries to
water rights arising from time immemorial through the
enforceability date, and claims for failure to protect,
acquire, or develop water rights for land within the San Xavier
Reservation and the eastern Schuk Toak District from time
immemorial through the enforceability date, against the United
States (including any agency, officer, and employee of the
United States);
``(3) any and all claims for injury to water rights arising
after the enforceability date for land within the San Xavier
Reservation and the eastern Schuk Toak District resulting from
the off-Reservation diversion or use of water in a manner not
in violation of the Tohono O'odham settlement agreement or
State law against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity;
``(4) any and all past, present, and future claims arising
out of or relating to the negotiation or execution of the
Tohono O'odham settlement agreement or the negotiation or
enactment of this title, against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity.
``(b) Waiver of Claims by the Allottee Classes.--The Tohono O'odham
settlement agreement shall provide that each allottee class waives and
releases--
``(1) any and all past, present, and future claims for
water rights (including claims based on aboriginal occupancy)
arising from time immemorial and, thereafter, forever, claims
for injuries to water rights arising from time immemorial
through the enforceability date for land within the San Xavier
Reservation, against--
``(A) the State (or any agency or political
subdivision of the State);
``(B) any municipal corporation; and
``(C) any other person or entity (other than the
Nation);
``(2) any and all claims for water rights arising from time
immemorial and, thereafter, forever, claims for injuries to
water rights arising from time immemorial through the
enforceability date, and claims for failure to protect,
acquire, or develop water rights for land within the San Xavier
Reservation from time immemorial through the enforceability
date, against the United States (including any agency, officer,
and employee of the United States);
``(3) any and all claims for injury to water rights arising
after the enforceability date for land within the San Xavier
Reservation resulting from the off-Reservation diversion or use
of water in a manner not in violation of the Tohono O'odham
settlement agreement or State law against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity; and
``(4) any and all past, present, and future claims arising
out of or relating to the negotiation or execution of the
Tohono O'odham settlement agreement or the negotiation or
enactment of this title, against--
``(A) the United States;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity; and
``(5) any and all past, present, and future claims for
water rights arising from time immemorial and, thereafter,
forever, and claims for injuries to water rights arising from
time immemorial through the enforceability date, against the
Nation (except that under section 307(a)(1)(G) and subsections
(a) and (b) of section 308, the allottees and fee owners of
allotted land shall retain rights to share in the water
resources granted or confirmed under this title and the Tohono
O'odham settlement agreement with respect to uses within the
San Xavier Reservation).
``(c) Waiver of Claims by the United States.--Except as provided in
subsection (d), the Tohono O'odham settlement agreement shall provide
that the United States as Trustee waives and releases--
``(1) any and all past, present, and future claims for
water rights (including claims based on aboriginal occupancy)
arising from time immemorial and, thereafter, forever, and
claims for injuries to water rights arising from time
immemorial through the enforceability date, for land within the
Tucson management area or State law against--
``(A) the Nation;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity;
``(2) any and all claims for injury to water rights arising
after the enforceability date for land within the San Xavier
Reservation and the eastern Schuk Toak District resulting from
the off-Reservation diversion or use of water in a manner not
in violation of the Tohono O'odham settlement agreement or
State law against--
``(A) the Nation;
``(B) the State (or any agency or political
subdivision of the State);
``(C) any municipal corporation; and
``(D) any other person or entity;
``(3) on and after the enforceability date, any and all
claims on behalf of the allottees for injuries to water rights
against the Nation (except that under section 307(a)(1)(G) and
subsections (a) and (b) of section 308, the allottees shall
retain rights to share in the water resources granted or
confirmed under this title and the Tohono O'odham settlement
agreement with respect to uses within the San Xavier
Reservation); and
``(4) contingent on the effectiveness of a waiver of such
claims as are provided for in the Asarco agreement, claims
against Asarco on behalf of the allottee class for the fourth
cause of action in the Alvarez case, as defined in the Tohono
O'odham settlement agreement.
``(d) Claims Relating to Groundwater Protection Program.--The
Nation and the United States as Trustee--
``(1) shall have the right to assert any claims granted by
a State law implementing the groundwater protection program
described in paragraph 8.8 of the Tohono O'odham settlement
agreement; and
``(2) if, after the enforceability date, the State law is
amended so as to have a material adverse effect on the Nation,
shall have a right to relief in the State court having
jurisdiction over Gila River adjudication proceedings and
decrees, against an owner of any nonexempt well drilled after
the effective date of the amendment (if the well actually and
substantially interferes with groundwater pumping occurring on
the San Xavier Reservation), from the incremental effect of the
groundwater pumping that exceeds that which would have been
allowable had the State law not been amended.
``(e) Supplemental Waivers of Claims.--Any party to the Tohono
O'odham settlement agreement may waive and release, prohibit the
assertion of, or agree not to assert, any claims (including claims for
subsidence damage or injury to water quality) in addition to claims for
water rights and injuries to water rights on such terms and conditions
as may be agreed to by the parties.
``(f) Rights of Allottees; Prohibition of Claims.--
``(1) In general.--As of the enforceability date--
``(A) the water rights and other benefits granted
or confirmed by this title and the Tohono O'odham
settlement agreement shall be in full satisfaction of--
``(i) all claims for water rights and
claims for injuries to water rights of the
Nation; and
``(ii) all claims for water rights and
injuries to water rights of the allottees;
``(B) any entitlement to water within the Tucson
management area of the Nation, or of any allottee,
shall be satisfied out of the water resources granted
or confirmed under this title and the Tohono O'odham
settlement agreement; and
``(C) any rights of the allottees to groundwater,
surface water, or effluent shall be limited to the
water rights granted or confirmed under this title and
the Tohono O'odham settlement agreement.
``(2) Limitation of certain claims by allottees.--No
allottee within the San Xavier Reservation may--
``(A) assert any past, present, or future claim for
water rights arising from time immemorial and,
thereafter, forever, or any claim for injury to water
rights (including future injury to water rights)
arising from time immemorial and thereafter, forever,
against--
``(i) the United States;
``(ii) the State (or any agency or
political subdivision of the State);
``(iii) any municipal corporation; or
``(iv) any other person or entity; or
``(B) continue to assert a claim described in
subparagraph (A), if the claim was first asserted
before the enforceability date.
``(3) Claims by fee owners of allotted land.--
``(A) In general.--No fee owner of allotted land
within the San Xavier Reservation may assert any claim
to the extent that--
``(i) the claim has been waived and
released in the Tohono O'odham settlement
agreement; and
``(ii) the fee owner of allotted land
asserting the claim is a member of the
applicable allottee class.
``(B) Offset.--Any benefits awarded to a fee owner
of allotted land as a result of a successful claim
shall be offset by benefits received by that fee owner
of allotted land under this title.
``(4) Limitation of claims against the nation.--
``(A) In general.--Except as provided in
subparagraph (B), no allottee may assert against the
Nation any claims for water rights arising from time
immemorial and, thereafter, forever, claims for injury
to water rights arising from time immemorial and
thereafter forever.
``(B) Exception.--Under section 307(a)(1)(G) and
subsections (a) and (b) of section 308, the allottees
shall retain rights to share in the water resources
granted or confirmed under this title and the Tohono
O'odham settlement agreement.
``(g) Consent.--
``(1) Grant of consent.--Congress grants to the Nation and
the San Xavier Cooperative Association under section 305(d)
consent to maintain civil actions against the United States in
the courts of the United States under section 1346, 1491, or
1505 of title 28, United States Code, respectively, to recover
damages, if any, for the breach of any obligation of the
Secretary under those sections.
``(2) No sufficient funds defense.--The lack of sufficient
funds in the cooperative fund to carry out the obligations of
the Secretary may not be raised by the United States as a
defense to any claim asserted under paragraph (1).
``(3) Remedy.--
``(A) In general.--Subject to subparagraph (B), the
exclusive remedy for a civil action maintained under
this subsection shall be monetary damages.
``(B) Offset.--An award for damages for a claim
under this subsection shall be offset against the
amount of funds--
``(i) made available by any Act of
Congress; and
``(ii) paid to the claimant by the
Secretary in partial or complete satisfaction
of the claim.
``(4) No claims established.--Except as provided in
paragraph (1), nothing in the subsection establishes any claim
against the United States.
``(h) Jurisdiction; Waiver of Immunity; Parties.--
``(1) Jurisdiction.--
``(A) In general.--Except as provided in subsection
(i), the State court having jurisdiction over Gila
River adjudication proceedings and decrees, shall have
jurisdiction over--
``(i) civil actions relating to the
interpretation and enforcement of--
``(I) this title;
``(II) the Tohono O'odham
settlement agreement; and
``(III) agreements referred to in
section 309(h)(2); and
``(ii) civil actions brought by or against
the allottees or fee owners of allotted land
for the interpretation of, or legal or
equitable remedies with respect to, claims of
the allottees or fee owners of allotted land
that are not claims for water rights, injuries
to water rights or other claims that are barred
or waived and released under this title or the
Tohono O'odham settlement agreement.
``(B) Limitation.--Except as provided in
subparagraph (A), no State court or court of the Nation
shall have jurisdiction over any civil action described
in subparagraph (A).
``(2) Waiver.--
``(A) In general.--The United States and the Nation
waive sovereign immunity solely for claims for--
``(i) declaratory judgment or injunctive
relief in any civil action arising under this
title; and
``(ii) such claims and remedies as may be
prescribed in any agreement authorized under
this title.
``(B) Limitation on standing.--If a governmental
entity not described in subparagraph (A) asserts
immunity in any civil action that arises under this
title (unless the entity waives immunity for
declaratory judgment or injunctive relief) or any
agreement authorized under this title (unless the
entity waives immunity for the claims and remedies
prescribed in the agreement)--
``(i) the governmental entity shall not
have standing to initiate or assert any claim,
or seek any remedy against the United States or
the Nation, in the civil action; and
``(ii) the waivers of sovereign immunity
under subparagraph (A) shall have no effect in
the civil action.
``(C) Monetary relief.--A waiver of immunity under
this paragraph shall not extend to any claim for
damages, costs, attorneys' fees, or other monetary
relief.
``(3) Nation as a party.--
``(A) In general.--Not later than 60 days before
the date on which a civil action under paragraph
(1)(A)(ii) is filed by an allottee or fee owner of
allotted land, the allottee or fee owner, as the case
may be, shall provide to the Nation a notice of intent
to file the civil action, accompanied by a request for
consultation.
``(B) Joinder.--If the Nation is not a party to a
civil action as originally commenced under paragraph
(1)(A)(ii), the Nation shall be joined as a party.
``(i) Regulation and Jurisdiction Over Dispute Resolution.--
``(1) Regulation.--The Nation shall have jurisdiction to
manage, control, permit, administer, and otherwise regulate the
water resources granted or confirmed under this title and the
Tohono O'odham settlement agreement--
``(A) with respect to the use of those resources
by--
``(i) the Nation;
``(ii) individual members of the Nation;
``(iii) districts of the Nation; and
``(iv) allottees; and
``(B) with respect to any entitlement to those
resources for which a fee owner of allotted land has
received a final determination under applicable law.
``(2) Jurisdiction.--Subject to a requirement of exhaustion
of any administrative or other remedies prescribed under the
laws of the Nation, jurisdiction over any disputes relating to
the matters described in paragraph (1) shall be vested in the
courts of the Nation.
``(3) Applicable law.--The regulatory and remedial
procedures referred to in paragraphs (1) and (2) shall be
subject to all applicable law.
``(j) Federal Jurisdiction.--The Federal Courts shall have
concurrent jurisdiction over actions described in subsection 312(h) to
the extent otherwise provided in Federal law.
``SEC. 313. AFTER-ACQUIRED TRUST LAND.
``(a) In General.--Except as provided in subsection (b)--
``(1) the Nation may seek to have taken into trust by the
United States, for the benefit of the Nation, legal title to
additional land within the State and outside the exterior
boundaries of the Nation's Reservation only in accordance with
an Act of Congress specifically authorizing the transfer for
the benefit of the Nation;
``(2) it is the intent of Congress in enacting this title
that future Acts of Congress described in paragraph (1) should
provide that land taken into trust under that paragraph will
include only such water rights and water use privileges as are
consistent with State water law and State water management
policy; and
``(3) after-acquired trust land shall not include Federal
reserved rights to surface water or groundwater.
``(b) Exception.--Subsection (a) shall not apply to land acquired
by the Nation under the Gila Bend Indian Reservation Lands Replacement
Act (100 Stat. 1798).
``SEC. 314. NONREIMBURSABLE COSTS.
``(a) Central Arizona Water Conservation District.--For the purpose
of determining the allocation and repayment of costs of any stage of
the Central Arizona Project constructed after the effective date, the
costs associated with the delivery of Central Arizona Project water
acquired under sections 304(a) and 306(a), whether that water is
delivered for use by the Nation or in accordance with any assignment,
exchange, lease, option to lease, or other agreement for the temporary
disposition of water entered into by the Nation--
``(1) shall be nonreimbursable; and
``(2) shall be excluded from the repayment obligation of
the Central Arizona Water Conservation District.
``(b) Claims by United States.--The United States shall--
``(1) make no claim against the Nation or any allottee for
reimbursement or repayment of any cost associated with--
``(A) the construction of facilities under the
Colorado River Basin Project Act (43 U.S.C. 1501 et
seq.);
``(B) the delivery of Central Arizona Project water
for any use authorized under this title; or
``(C) the implementation of this title;
``(2) make no claim against the Nation for reimbursement or
repayment of the costs associated with the construction of
facilities described in paragraph (1)(A) for the benefit of and
use on land that--
``(A) is known as the `San Lucy Farm'; and
``(B) was acquired by the Nation under the Gila
Bend Indian Reservation Lands Replacement Act (100
Stat. 1798); and
``(3) impose no assessment with respect to the costs
referred to in paragraphs (1) and (2) against--
``(A) trust or allotted land within the Nation's
Reservation; or
``(B) the land described in paragraph (2).
``SEC. 315. TRUST FUND.
``(a) Reauthorization.--Congress reauthorizes the trust fund
established by section 309 of the 1982 Act, containing an initial
deposit of $15,000,000 made under that section, for use in carrying out
this title.
``(b) Expenditure and Investment.--Subject to the limitations of
subsection (d), the principal and all accrued interest and dividends in
the trust fund established under section 309 of the 1982 Act may be--
``(1) expended by the Nation for any governmental purpose;
and
``(2) invested by the Nation in accordance with such
polices as the Nation may adopt.
``(c) Responsibility of Secretary.--The Secretary shall not--
``(A) be responsible for the review, approval, or
audit of the use and expenditure of any funds from the
trust fund reauthorized by subsection (a); or
``(B) be subject to liability for any claim or
cause of action arising from the use or expenditure by
the Nation of those funds.
``(d) Conditions of Trust.--
``(1) Reserve for the cost of subjugation.--The Nation
shall reserve in the trust fund reauthorized by subsection
(a)--
``(A) the principal amount of at least $3,000,000;
and
``(B) interest on that amount that accrues during
the period beginning on the enforceability date and
ending on the earlier of--
``(i) the date on which full payment of
such costs has been made; or
``(ii) the date that is 10 years after the
enforceability date.
``(2) Payment.--The costs described in paragraph (1) shall
be paid in the amount, on the terms, and for the purposes
prescribed in section 307(a)(1)(F).
``(3) Limitation on restrictions.--On the occurrence of an
event described in clause (i) or (ii) of paragraph (1)(B)--
``(A) the restrictions imposed on funds from the
trust fund described in paragraph (1) shall terminate;
and
``(B) any of those funds remaining that were
reserved under paragraph (1) may be used by the Nation
under subsection (b)(1).
``SEC. 316. MISCELLANEOUS PROVISIONS.
``(a) In General.--Nothing in this title--
``(1) establishes the applicability or inapplicability to
groundwater of any doctrine of Federal reserved rights;
``(2) limits the ability of the Nation to enter into any
agreement with the Arizona Water Banking Authority (or a
successor agency) in accordance with State law;
``(3) prohibits the Nation, any individual member of the
Nation, an allottee, or a fee owner of allotted land in the San
Xavier Reservation from lawfully acquiring water rights for use
in the Tucson management area in addition to the water rights
granted or confirmed under this title and the Tohono O'odham
settlement agreement;
``(4) abrogates any rights or remedies existing under
section 1346 or 1491 of title 28, United States Code;
``(5) affects the obligations of the parties under the
Agreement of December 11, 1980 with respect to the 8,000 acre
feet of Central Arizona Project water contracted by the Nation
for the Sif Oidak District;
``(6)(A) applies to any exempt well;
``(B) prohibits or limits the drilling of any exempt well
within--
``(i) the San Xavier Reservation; or
``(ii) the eastern Schuk Toak District; or
``(C) subjects water from any exempt well to any pumping
limitation under this title; or
``(7) diminishes or abrogates rights to use water under--
``(A) contracts of the Nation in existence before
the enforceability date; or
``(B) the well site agreement referred to in the
Asarco agreement and any well site agreement entered
into under the Asarco agreement.
``(b) No Effect on Future Allocations.--Water received under a
lease or exchange of Central Arizona Project water under this title
does not affect any future allocation or reallocation of Central
Arizona Project water by the Secretary.
``SEC. 317. AUTHORIZED COSTS.
``(a) In General.--There are authorized to be appropriated to the
Secretary from the Lower Colorado River Basin Development Fund--
``(1) to construct features of irrigation systems described
in paragraphs (1) through (4) of section 304(c) that are not
authorized to be constructed under any other provision of law,
an amount equal to the sum of--
``(A) $3,500,000; and
``(B) such additional amount as the Secretary
determines to be necessary to adjust the amount under
subparagraph (A) to account for ordinary fluctuations
in the costs of construction of irrigation features for
the period beginning on October 12, 1982, and ending on
the date on which the construction of the features
described in this subparagraph is initiated, as
indicated by engineering cost indices applicable to the
type of construction involved;
``(2) $18,300,000 in lieu of construction to implement
section 304(c)(3)(B);
``(3) $891,200 to implement a water management plan for the
San Xavier Reservation under section 308(d);
``(4) $237,200 to implement a water management plan for the
eastern Schuk Toak District under section 308(d);
``(5) $4,000,000 to complete the water resources study
under section 311(d);
``(6) $215,000 to develop and implement a groundwater
monitoring program for the San Xavier Reservation under section
311(c)(1);
``(7) $175,000 to develop and implement a groundwater
monitoring program for the eastern Schuk Toak District under
section 311(c)(2);
``(8) $250,000 to complete the Asarco land exchange study
under section 311(f); and
``(9) such additional sums as are necessary to carry out
the provisions of this title other than the provisions referred
to in paragraphs (1) through (8).
``(b) Treatment of Appropriated Amounts.--Amounts made available
under subsection (a) shall be considered to be authorized costs for
purposes of section 403(f)(2)(D)(iii) of the Colorado River Basin
Project Act (43 U.S.C. 1543(f)(2)(D)(iii)) (as amended by section
107(a) of the Arizona Water Settlements Act).''.
SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT EFFECTIVE DATE.
(a) Definitions.--The definitions under section 301 of the Southern
Arizona Water Rights Settlement Amendments Act of 2003 (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 date on which 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 2003 (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 2003 (as contained in
the amendment made by section 301);
(4) final dismissal with prejudice has been entered in each
of the Adams case, 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 in lieu of construction to
implement section 304(c)(3)(A)(ii);
(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 2003 (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 2003 (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 2003 (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 2003 (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 2003 (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 2003 (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 2003 (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.
TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT