[Congressional Record Volume 149, Number 30 (Tuesday, February 25, 2003)]
[Senate]
[Page S2707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself and Mr. McCain):
  S. 437. 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; to the Committee 
on Energy and Natural Resources.
  Mr. KYL. Mr. President, on behalf of Senator McCain and myself I am 
introducing legislation today that would codify the largest water 
claims settlement in the history of Arizona. This bill represents the 
tremendous efforts of literally hundreds of people in Arizona and here 
in Washington over a period of five years. Looking ahead, this bill 
could ultimately be nearly as important to Arizona's future as was the 
authorization of the Central Arizona Project, CAP, itself.
  Since Arizona began receiving CAP water from the Colorado River, 
litigation has divided water users over how the CAP water should be 
allocated and exactly how much Arizona was required to repay the 
federal government. This bill will, among other things, codify the 
settlement reached between the United States and the Central Arizona 
Water Conservation District over the state's repayment obligation for 
costs incurred by the United States in constructing the Central Arizona 
Project. It will also resolve, once and for all, the allocation of all 
remaining CAP water. This final allocation will provide the stability 
necessary for State water authorities to plan for Arizona's future 
water needs. In addition, approximately 200,000 acre-feet of CAP water 
will be made available to settle various Indian water claims in the 
State. The bill would also authorize the use of the Lower Colorado 
River Basin Development Fund, which is funded solely from revenues paid 
by Arizona entities, to construct irrigation works necessary for tribes 
with congressionally approved water settlements to use CAP water.
  Title II of this bill settles the water rights claims of the Gila 
River Indian Community. It allocates nearly 100,000 acre-feet of CAP 
water to the Community, and provides funds to subsidize the costs of 
delivering CAP water and to construct the facilities necessary to allow 
the Community to fully utilize the water allocated to it in this 
settlement. Title III provides for long-needed amendments to the 1982 
Southern Arizona Water Settlement Act for the Tohono O'odham Nation, 
which has never been fully implemented.
  This bill will allow Arizona cities to plan for the future, knowing 
how much water they can count on. The Indian tribes will finally get 
``wet'' water, as opposed to the paper rights to water they have now, 
and projects to use the water. In addition, mining companies, farmers, 
and irrigation delivery districts can continue to receive water without 
the fear that they will be stopped by Indian litigation.
  While some minor issues remain, we have every confidence that these 
issues will be resolved as the legislation progresses. In addition, we 
hope that negotiations with the San Carlos Apache Tribe, the only party 
not yet included in the settlement, will move forward so that all 
claims can be resolved by this bill.
  In summary, this bill is vital to the citizens of Arizona and will 
provide the certainty needed to move forward with water use decisions. 
Furthermore, the United States can avoid litigating water rights and 
damage claims and satisfy its trust responsibilities to the Tribes. The 
parties have worked many years to reach consensus rather than litigate, 
and I believe this bill represents the best opportunity to achieve a 
fair result for all the people of Arizona.
  Mr. McCAIN. Mr. President, I am pleased to join my colleague, Senator 
Kyl, as a co-sponsor of this important legislation, the Arizona Water 
Settlements Act of 2003, which would ratify negotiated settlements for 
Central Arizona Project, CAP, water allocations to municipalities, 
agricultural districts and Indian tribes, state CAP repayment 
obligations, and final adjudication of long-standing Indian water 
rights claims.
  These settlements reflect more than 5 years of intensive negotiations 
by state, Federal, tribal, municipal, and private parties. I commend 
all those involved in these negotiations for their extraordinary 
commitment and diligence to reach this final stage in the settlement 
process. I also praise my colleague, Senator Jon Kyl, and Interior 
Secretary Gail Norton, for their leadership in facilitating these 
settlements. From my experience in legislating past agreements, I 
recognize the enormous challenge of these negotiations, and I 
appreciate their personal dedication to this settlement process.
  This legislation is vitally important to Arizona's future because 
these settlements will bring greater certainty and stability to 
Arizona's water supply by completing the allocation of CAP water 
supplies. Pending water rights claims by various Indian tribes and non-
Indian users will be permanently settled as well as the repayment 
obligations of the State of Arizona for construction of the CAP.
  I join with Senator Kyl today to express support for the agreements 
embodied in this bill and to encourage conclusion of this settlement 
process in the near future. Significant progress has been made in 
resolving key issues since we last sponsored a bill to facilitate this 
agreement in the 107th Congress. Some of these key issues pertain to 
the final apportionment of CAP water supplies, cost-sharing of CAP 
construction and water delivery systems, amendment of the 1982 
settlement agreement with the Tohono O'odham Nation, mitigation 
measures necessitated by sustained drought conditions, and equitable 
apportionment of drought shortages.
  While this bill reflects agreements reached on a host of issues after 
an intensive and extended effort by the numerous parties involved, it 
is important to emphasize that this bill does not represent the final 
settlement. All parties recognize that a very limited number of the 
provisions of this bill may be modified as the negotiations continue. 
We fully expect that the legislative process will culminate with a 
final agreement early in the next congressional session.
  Mr. President, we introduce this bill today as an expression of our 
strong support of the various parties to successfully achieve 
conclusion to this process. The Arizona Water Settlements Act will be a 
historic accomplishment that will benefit all citizens of Arizona, the 
tribal communities, and the United States.
                                 ______