[Congressional Record Volume 154, Number 144 (Thursday, September 11, 2008)]
[Senate]
[Pages S8387-S8388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL:
  S. 3473. A bill to resolve water rights claims of the White Mountain 
Apache Tribe in the State of Arizona, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. KYL. Mr. President, today I am pleased to introduce the White 
Mountain Apache Tribe Water Rights Quantification Act of 2008. This 
legislation would authorize, confirm, and ratify the White Mountain 
Apache Tribe Water Rights Quantification Agreement and authorize 
funding for a key drinking water project on the tribe's reservation. 
The White Mountain Apache Tribe and the water users and providers of 
Arizona have waited a long time for this day. In fact, the legislation 
I am introducing today is the product of nearly 3 years of negotiation 
and the tremendous work of the settlement parties.
  On behalf of the tribe, the U.S. filed substantial claims to water in 
the Gila River and Little Colorado River General Stream adjudications 
in Arizona. Absent a settlement, resolution of these claims would take 
many years,

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entail great expense, prolong uncertainty concerning the availability 
of water supplies, and seriously impair the long-term economic well-
being of all of the parties to the settlement. Specifically, without a 
settlement, the tribe's claims could impact water users in the Salt 
River system, a major water source within the State of Arizona.
  Within the last few days, the representatives of the non-federal 
water settlement parties have indicated that a settlement is nearly 
finalized. The parties' representatives have expressed their written 
support for the settlement and have indicated that they will be 
submitting the settlement to their respective governing bodies for 
review and action.
  Under the settlement agreement, the tribe would have a right to a 
total annual diversion water right of 99,000 acre-feet per year through 
a combination of surface water and Central Arizona Project water 
sources. The legislation would confirm, authorize, and ratify the 
parties' settlement and provide federal funding for a desperately 
needed drinking water project on the tribe's reservation--the Miner 
Flat Project.
  Currently, a relatively small well field serves the drinking water 
needs of the majority of the residents on the reservation, but 
production from the wells has declined significantly over the last few 
years. As a result, the tribe has experienced summer drinking water 
shortages. The tribe is planning to construct a small Rural Development 
funded diversion project on the North Fork of the White River on its 
reservation this year. It indicates that when the project is completed 
it will replace most of the lost production from the existing well 
field, but will not produce enough water to meet the demand of the 
tribe's growing population. The Miner Flat Project would provide a 
longterm solution for the tribe's drinking water shortages.
  Consequently, not only would the legislation I have introduced today 
provide certainty to water users in the State of Arizona regarding 
their future water supplies, it would provide the tribe with a long-
term reliable source of drinking water. Therefore, I urge my colleagues 
to support this legislation.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:


                                      Central Arizona Project,

                                   Phoenix, AZ, September 4, 2008.
     Hon. Jon Kyl,
     U.S. Senate, Hart Building,
     Washington, DC.
       Dear Senator Kyl: I am writing as counsel for the Central 
     Arizona Water Conservation District regarding legislation to 
     authorize a settlement of the water rights claims of the 
     White Mountain Apache Tribe. As you know, my staff and I have 
     been personally involved in the negotiations to settle the 
     water rights claims of the Tribe. My staff and I have had the 
     opportunity to review the most recent drafts of the 
     authorizing legislation and the settlement agreement and we 
     intend to recommend approval of the settlement to our 
     governing Board. In our judgment, the proposed settlement is 
     consistent with the Arizona Water Settlements Act and 
     represents an important step forward in Arizona's efforts to 
     resolve outstanding Indian water rights claims. We look 
     forward to continuing to work with you and the other members 
     of the Arizona congressional delegation in bringing this 
     important settlement to fruition.
           Sincerely,
                                                Douglas K. Miller,
     General Counsel, CAWCD.
                                  ____

                                                  August 29, 2008.
     Senator Jon Kyl,
     East Camelback Road,
     Phoenix, AZ.
       Dear Senator Kyl: We the undersigned representatives of 
     parties to the White Mountain Apache Tribe Quantification 
     Agreement have reviewed the attached Quantification 
     Agreement, Exhibits, and accompanying draft legislation 
     (``Settlement Documents''). Based upon our participation in 
     the negotiations and/or our review of the attached Settlement 
     Documents, we, at this time, intend to express our support 
     for the Settlement Documents and plan to submit them for our 
     governing bodies' review and action. As of the date of this 
     letter, we are not aware of any reason why our governing 
     bodies would not support the Settlement Documents. The 
     governing bodies, however, must conduct a final review of the 
     Settlement Documents and make a decision.
       The Settlement Documents may be revised as agreed upon by 
     the parties. We understand that authorizations for 
     appropriations included within the draft legislation are 
     still subject to agreement between you and the White Mountain 
     Apache Tribe.
       Signed by 17 representatives of parties to the White 
     Mountain Apache Tribe Quantification Agreement.
                                 ______