[Congressional Record Volume 148, Number 97 (Wednesday, July 17, 2002)]
[Senate]
[Page S6953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself and Mr. McCAIN):
  S. 2743. A bill to approve the settlement of the water rights claims 
of the Zuni Indian Tribe in Apache County, Arizona, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. KYL. Mr. President, on behalf of Senator McCain and myself I am 
introducing legislation today that would codify the settlement of the 
Zuni Indian Tribe's water rights for its religious lands in 
northeastern Arizona. Congress first recognized the importance of these 
lands in 1984 when it created the Zuni Heaven Reservation, Pub. L. No. 
98-498, as amended by Pub. L. No. 101-486, 1990. The small communities 
upstream from this Reservation have been fully-appropriated, they have 
had more would-be water users than water, for nearly a century. The 
prospect of dividing this limited water with yet another user created 
great uncertainty. To resolve that uncertainty and to avoid expensive 
and protracted litigation, the Zuni Tribe, the United States on behalf 
of the Zuni Tribe, the State of Arizona, including the Arizona Game and 
Fish Commission, the Arizona State Land Department, and the Arizona 
State Parks Board, and the major water users in this area of Arizona 
negotiated for many years to produce a settlement that is acceptable to 
all parties.
  This bill would provide the Zuni Tribe with the resources and 
protections necessary to acquire water rights from willing sellers and 
to restore and protect the wetland environment that previously existed 
on the Reservation. In return, the Zuni Tribe would waive its claims in 
the Little Colorado River Adjudication. In addition, the Zuni Tribe 
would, among other things, grandfather existing water uses and waive 
claims against many future water uses in the Little Colorado River 
basin. In summary, with this bill, the Zuni Tribe can achieve its needs 
for the Zuni Heaven Reservation while avoiding a disruption to local 
water users and industry. Furthermore, the United States can avoid 
litigating water rights and damage claims and satisfy its trust 
responsibilities to the Tribe regarding water for the Reservation. The 
parties have worked many years to reach consensus and I believe this 
bill would produce a fair result to all.
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