[Congressional Record Volume 146, Number 56 (Tuesday, May 9, 2000)]
[House]
[Pages H2662-H2663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE AK-CHIN WATER USE AMENDMENTS ACT OF 1999
Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2647) to amend the Act entitled ``An Act relating to the
water rights of the Ak-Chin Indian Community'' to clarify certain
provisions concerning the leasing of such water rights, and for other
purposes.
The Clerk read as follows:
H.R. 2647
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONSTITUTIONAL AUTHORITY.
The Constitutional authority for this Act rests in article
I, section 8, authorizing Congress to ``regulate Commerce
with foreign Nations, and among the several States, and with
the Indian tribes''.
SEC. 2. TECHNICAL AMENDMENTS TO AK-CHIN WATER USE ACT OF
1984.
(a) Short Title.--This section may be cited as the ``Ak-
Chin Water Use Amendments Act of 1999''.
(b) Authorization of Use of Water.--Section 2(j) of the Act
of October 19, 1984 (Public Law 98-530; 98 Stat. 2698), as
amended by section 10 of the Act of October 24, 1992 (Public
Law 102-497; 106 Stat. 3258), is amended to read as follows:
``(j)(1) The Ak-Chin Indian Community (hereafter in this
Act referred to as the `Community') shall have the right to
devote the permanent water supply provided for by this Act to
any use, including agricultural, municipal, industrial,
commercial, mining, recreational, or other beneficial use, in
the areas initially designated as the Pinal, Phoenix, and
Tucson Active Management Areas pursuant to the Arizona
Groundwater Management Act of 1980, laws 1980, fourth special
session, chapter 1. The Community is authorized to lease or
enter into options to lease, to renew options to lease, to
extend the initial terms of leases for the same or a lesser
term as the initial term of the lease, to renew leases for
the same or a lesser term as the initial term of the lease,
to exchange or temporarily dispose of water to which it is
entitled for the beneficial use in the areas initially
designated as the Pinal, Phoenix, and Tucson Active
Management Areas pursuant to the Arizona Groundwater
Management Act of 1980, laws 1980, fourth special session,
chapter 1.
``(2) Notwithstanding paragraph (1), the initial term of
any lease entered into under this subsection shall not exceed
100 years and the Community may not permanently alienate any
water right. In the event the Community leases, enters into
an option to lease, renews an option to lease, extends a
lease, renews a lease, or exchanges or temporarily disposes
of water, such action shall only be valid pursuant to a
contract that has been accepted and ratified by a resolution
of the Ak-Chin Indian Community Council and approved and
executed by the Secretary.''.
(c) Approval of Lease and Amendment of Lease.--The option
and lease agreement among the Ak-Chin Indian Community, the
United States of America, and Del Webb Corporation, dated as
of December 14, 1996, and the Amendment Number One thereto
among the Ak-Chin Indian Community, the United States of
America, and Del Webb Corporation, dated as of January 7,
1999, are hereby ratified and approved. The Secretary of the
Interior is hereby authorized and directed to execute
Amendment Number One, and the restated agreement as provided
in Amendment Number One, not later than 60 days after the
date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Doolittle) and the gentleman from California (Mr.
George Miller) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Doolittle).
Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, Congress passed the Ak-Chin water settlement in 1978. It
was amended subsequently in 1984. And then in the 1992 amendment, off-
reservation leasing of the Indian community's water entitlement was
allowed, but the period of the lease was limited to 100 years. The
amendment in 1992 did not allow for an extension of the lease after the
100-year period had been completed.
This legislation would provide a legal avenue for the Ak-Chin tribe
to extend or renew their existing lease with an Arizona development
company that must obtain a State of Arizona Assured Water Supply
certificate for municipal water use.
The administration, I understand, has indicated that it is still
opposed to the bill. However, it is my understanding that the minority
does not object to this legislation, and I would urge Members to
support the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. Mr. Speaker, H.R. 2647 is an
amendment to the 1984 Ak-Chin Water Use Act. The 1984 act confirms the
Ak-Chin Indian Community's rights to receive water from the Central
Arizona Project, but it did not include the authority for the community
to lease its Central Arizona Project water for use off reservation.
Congress granted leasing authority to the Ak-Chin in 1992.
The community now desires to lease these 10,000 acre-feet of water
annually to the Del Webb Corporation for use in a new planned
community. The Ak-Chin Community and Del Webb entered into a 100-year
lease agreement in 1996. It was believed at the time this would meet
the State's requirement for an ``assured water supply'' of at least 100
years. However, since several years have passed and since the lease
agreement was signed, it is now apparent that the availability of an
``assured water supply'' under this lease would, in fact, be for less
than 100 years.
Mr. Speaker, this legislation will extend to the Ak-Chin leasing
authority for longer term, making the lease consistent with the
requirements of the Arizona state law.
The administration has expressed some concerns about the legislation;
however, at this time we do support it and ask that the House support
moving this bill forward.
Mr. Speaker, I yield back the balance of my time.
Mr. DOOLITTLE. Mr. Speaker, I yield 5 minutes to the gentleman from
Arizona (Mr. Shadegg) for his statement on the bill.
(Mr. SHADEGG asked and was given permission to revise and extend his
remarks.)
Mr. SHADEGG. Mr. Speaker, I thank the gentleman from California (Mr.
Doolittle) for yielding me this time.
Mr. Speaker, I want to begin by commending both the gentleman from
Alaska (Mr. Young), chairman of the committee, and the gentleman from
California (Mr. Doolittle), chairman of the subcommittee, for their
assistance with this legislation. I also commend the gentleman from
California (Mr. George Miller), ranking member, who has spoken on this
legislation, for their assistance with H.R. 2647, the Ak-Chin Water Use
Amendment Act of 1999.
As both of my colleagues have indicated, this legislation is
critically important for the Ak-Chin Indian Community. The history has
already been recited. The United States Congress in 1984 established
the Ak-Chin Indian Community's right to 75,000 acre-feet per year of
CAP water. In 1992, the tribe sought the authority to lease this water
for off-reservation use. That is a critically important issue in
Arizona, because there is tremendous demand for this water for off-
reservation uses.
The Congress extended the tribe that authority, but it placed a 100-
year maximum term on the lease, and this is where the issue comes, it
failed to allow the tribe to extend into options to renew such leases
or to extend such leases in any way, shape or form, setting a maximum
period of 100 years.
Mr. Speaker, this legislation corrects that defect by providing that
the tribe may enter into either options to renew a lease or renewals of
a lease for no more than the original term. And, importantly, it
provides that the tribe may not permanently alienate the water at
issue. What this legislation does is that it enables the Indian tribe
to get the highest value for its Indian water rights and for its CAP
water. Without this legislation, the tribe is restricted to only being
able to alienate the water, or lease the water, for
[[Page H2663]]
100 years. As the gentleman from California (Mr. George Miller)
explained, that simply does not meet the requirements of Arizona law,
which requires a 100-year assured water supply.
This legislation has the support of Governor Hull of Arizona, it has
the support of the Arizona Department of Water Resources, and most
importantly it is sought and has the active support of the Ak-Chin
Indian Community. It will enable them to lease this water, or enter
into a renewal or option to extend the lease of the water, for an
additional period of up to 100 years. That is critically important to
making the water valuable. It is also critically important to the
development of the water supply for Arizona and for the community
affected by this existing lease.
Mr. Speaker, I commend my colleagues for their support of the
legislation on the committee, again, and I call for its passage.
General Leave
Mr. DOOLITTLE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. DOOLITTLE. Mr. Speaker, I have no further requests for time. I
urge support of the legislation, and yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Doolittle) that the House suspend the
rules and pass the bill, H.R. 2647.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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