[Congressional Record Volume 150, Number 130 (Monday, October 11, 2004)]
[Senate]
[Pages S11297-S11298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ARIZONA WATER SETTLEMENTS ACT

  Mr. KYL. Mr. President, the water users and providers of Arizona have 
waited a long time for this day. The Arizona Water Settlements Act, S. 
437, is the product of 15 years of negotiation, litigation, and more 
negotiation. Virtually every major water user and provider in central 
Arizona has devoted itself to the passage of this bill. In fact, S. 437 
would codify the largest water claims settlement in the history of 
Arizona. The three titles in this bill represent the tremendous efforts 
of literally hundreds of people in Arizona and here in Washington over 
a period of 15 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. Title IV creates a placeholder 
for a future settlement on the Gila River for the San Carlos Apache 
Tribe and reiterates the fact that titles I, II, and III do not affect 
the water rights claims of the San Carlos Apache Tribe or the claims of 
the United States on their behalf.
  For the San Carlos Apache Tribe and other Indian communities in 
Arizona that have not yet settled their water rights claims, this bill 
offers hope for the future. This bill creates a fund for future Indian 
water settlements in Arizona. In addition, through this legislation, 
67,300 acre-feet of CAP water will be set aside for future Indian water 
rights settlements. The water needs of each Indian tribe in Arizona are 
particular to that individual tribe. Likewise, the contours of each 
Indian water rights settlement must be tailored to

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the needs of the tribe and the local communities that surround it. 
Through this bill we give those tribes, the Secretary of the Interior, 
and future Congresses a framework of water and funding that can be 
customized to meet the needs of each settlement.
  For now, 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 claims 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.
  All final issues between the parties or the United States have been 
resolved. In particular, the states of Arizona and New Mexico have 
negotiated the best way to address New Mexico's right under the 1968 
Boulder Canyon Project Act, authorizing the CAP, to exchange CAP water 
on the Gila River.
  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.

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