[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Pages S12173-S12174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (by request):
  S. 2608. A bill to approve a mutual settlement of the Water Rights of 
the Gila River Indian Community and the United States, on behalf of the 
Community and the Allottees, and Phelps Dodge Corporation, and for 
other purposes; to the Committee on Indian Affairs.


the gila river indian community--phelps dodge corporation water rights 
                         settlement act of 1998

  Mr. KYL: Mr. President, today I introduce, by request, a bill to 
authorize an Indian water rights settlement agreement that was entered 
into on May 4, 1998 by the Gila River Indian Community of Arizona and 
the Phelps Dodge Corporation.
  As other Western members well know, any Indian water rights 
settlement is a difficult, lengthy, and often frustrating process. 
Reaching a settlement requires years of hard work and cooperation by 
all parties involved. But the work is worthwhile. By reaching 
settlement, parties avoid decades of costly litigation and the 
uncertainty regarding water rights that inevitable comes when the 
determination of rights and liabilities is delayed. I have been, both 
in my prior career, and in this one, an ardent supporter of the 
settlement process and I hope that by introducing this legislation, I 
can give the negotiating parties at home in Arizona some encouragement. 
There is light at the end of the tunnel.
  This particular settlement agreement is part of a much larger, 
comprehensive settlement process that will eventually settle all claims 
of the Gila River Community. I have been involved in several aspects of 
the Gila negotiations and I am comforted that the negotiations are 
progressing far enough that the parties are beginning to put their 
agreements down on paper and actually sign their names to those 
documents. In reference to his particular

[[Page S12174]]

agreement, I want to note that my introduction of legislation does not 
endorse the May 4, 1994 agreement. Rather, my intention is to endorse 
and encourage the process. The settlement agreement is complex and 
lengthy and contains some elements that all parties in the larger Gila 
negotiation proceeds, including the federal government, may not agree 
with. My purpose in introducing a bill this year is to put a document 
on the table that will provide an opportunity for all interested 
parties to comment. In addition, a bill introduced this year will help 
move the process forward next year.
  I encourage the parties to continue their discussions. Indian water 
settlements are among the most important bills that Congress passes--we 
in the federal government have a trust responsibility to provide water 
for tribes and in passing legislation that has been carefully crafted 
to consider the interests of all parties, we are able to take steps 
toward fulfilling that trust responsibility.
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