[Congressional Record Volume 149, Number 15 (Tuesday, January 28, 2003)]
[Senate]
[Page S1675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself and Mr. McCain):
  S. 222. 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. 98-
498, as amended by Pub. Law No. 101-486, 1990. For nearly a century, 
the small communities upstream from this Reservation have fully-
appropriated the water from Little Colorado River for use in their 
homes and on their fields. Yet the Zuni Tribe asserted that it would 
need water to restore and use its Reservation lands. The prospect of 
dividing the limited water of the Little Colorado River with still 
another user created great uncertainly. 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 
water 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 the Zuni Tribe 
previously used. In return, the Zuni Tribe would waive its claim 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.
  This legislation unanimously passed the Senate in the 107th Congress. 
Unfortunately, the House of Representatives adjourned and was unable to 
take action on the bill. We hope for its swift passage in the 108th 
Congress.
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