[Congressional Record (Bound Edition), Volume 146 (2000), Part 17]
[Extensions of Remarks]
[Pages 24691-24692]
[From the U.S. Government Publishing Office, www.gpo.gov]



       INTRODUCTION OF THE ARIZONA WATER SETTLEMENTS ACT OF 2000

                                 ______
                                 

                           HON. J.D. HAYWORTH

                               of arizona

                    in the house of representatives

                       Tuesday, October 24, 2000

  Mr. HAYWORTH. Mr. Speaker, today I am pleased to introduce the 
Arizona Water Settlements Act of 2000 with the entire Arizona House 
delegation. This is landmark legislation which, as stated in the 
delegation's introductory statement, will resolve long-standing issues 
pertaining to the repayment obligations of the state of Arizona for the 
construction of the Central Arizona Project (CAP). In addition, it will 
address allocation of remaining CAP water to satisfy the water rights 
claims of a number of Arizona tribes, including the Gila River Indian 
Community and the Tohono O'odham Nation. This is an issue that is 
important to the state of Arizona, as evidenced by the delegation's 
full support. In fact, the principal purpose of introducing this 
legislation at this time is to encourage all parties involved to 
expeditiously resolve the few remaining issues of the agreement, and to 
show the Arizona delegation's full commitment to the issue. We 
fervently hope that all the parties will work in the coming months to 
wrap up the last remanining details of the settlement.
  Some of these issues also reflect a delicate balance. For example, 
the issue of lands acquired by the tribes after the settlement date and 
the procedures with which the tribes bring these lands into ``trust'' 
is an issue that is still being negotiated. It is my understanding that 
although the tribes have been working closely with the other parties, 
and that a tremendous amount of work has already been accomplished, the 
final details have yet to be agreed

[[Page 24692]]

upon. All of Indian Country will be looking to this provision because 
it could very well affect all future Native American water and land 
dispute settlements.
  Another critical component of the bill is the use of the settlement 
funds. It is important that we come to an agreement with the affected 
Arizona tribes on how best to utilize the funds associated with the 
settlement. I know that the Gila River Indian Community has worked hard 
to come to a consensus on this issue, and I hope we will be able to put 
this issue to rest prior to the start of the 107th Congress. These are 
important and difficult issues that still need to be finalized, but I 
am extremely encouraged that all the parties are so close to an 
agreement. I commend all the parties involved not only for their 
perseverance, but more importantly, their willingness to negotiate 
their differences for the benefit of all Arizonans.
  Along with this intoductory statement, I am also including a 
statement from the Arizona congressional delegation in support of this 
legislation and a letter from Governor Hull expressing her support for 
this bill. I am happy to sponsor this bill and look forward to enacting 
legislation on this issue early in the 107th Congress.

STATEMENT OF THE ARIZONA CONGRESSIONAL DELEGATION REGARDING THE ARIZONA 
                     WATER SETTLEMENTS ACT OF 2000

                                                 October 24, 2000.
       We are pleased to announce that legislation was introduced 
     today to resolve issues relating to the repayment obligations 
     of the State of Arizona for construction of the Central 
     Arizona Project (CAP), allocation of remaining CAP water 
     (including the use of nearly 200,000 acre-feet of water to 
     satisfy the water rights claims of the Gila River Indian 
     Community, the Tohono O'odham Nation, and other Arizona 
     Indian tribes), and other issues, including final settlement 
     of all claims to waters of the Gila River and its 
     tributaries.
       Legislation is needed to codify several aspects of the 
     settlement of these various water related issues. Although 
     not all water users have reached agreement on all issues, 
     negotiations are continuing at a rapid pace. We, therefore, 
     expect that all of the remaining differences will be resolved 
     and settlement agreements will be signed by the parties in 
     the next two months. When final agreements are signed, we 
     intend to introduce the final version of legislation to 
     effectuate those settlements. In the meantime, we have 
     introduced this first version of legislation to demonstrate 
     our commitment to the settlement process, and to allow all 
     interested parties the time to suggest changes to precisely 
     reflect the terms of the settlement.
       One of the purposes of this legislation is to implement the 
     settlement (in lieu of adjudication) of all of the water 
     rights claims to the Gila River and its tributaries. Once 
     this legislation is enacted, and the presiding judge approves 
     the settlement agreement, water litigation over rights to the 
     waters of the Gila River, which has been ongoing since 1978, 
     will be terminated. Resolution of this case, and of other 
     issues addressed in the settlement agreements, will help to 
     ensure that there is a more stable and certain water supply 
     for the various water users. This is a significant benefit to 
     the citizens of Arizona, the tribes, and the United States.
       The legislation will also resolve several financial issues. 
     For example, it will effectuate a settlement of litigation 
     between the state and federal government over the state's 
     repayment obligation for construction of the Central Arizona 
     Project. It also amends the Colorado River Basin Project Act 
     of 1968 to authorize the Secretary of the Interior to expand 
     funds from the Lower Colorado River Basin Development Fund to 
     construct irrigation distribution systems to deliver CAP 
     water to the Gila River Indian Community and other CAP water 
     users.
       In addition, this legislation authorizes the reallocation 
     of 65,647 acre-feet of CAP water for use by Arizona 
     communities, and the reallocation of nearly 200,000 acre-feet 
     for the settlement of Indian water claims.
       We compliment the parties for their hard work and their 
     commitment to resolving these difficult and sometimes 
     contentious issues. We hope and expect that all parties will 
     continue to negotiate in good faith to resolve the remaining 
     issues.
       Since the parties have not yet completed their 
     negotiations, this bill is, of necessity, also a work in 
     progress. We point out that some of the provisions in the 
     bill may have to be modified (e.g. Section 207 has not been 
     totally agreed to by all interested parties), and other 
     provisions will have to be added (e.g., resolution of 
     conflicts involving water users in the Upper Gila Valley, the 
     City of Safford, and the San Carlos Apache Tribe).
       We note that, while Interior staff have been active in the 
     ongoing negotiations and have served on the committees 
     drafting the bill, the Department of the Interior has not had 
     an opportunity to vet some sections of this draft prior to 
     its introduction. One reason for introducing this bill now 
     rather than waiting until the final settlement agreement has 
     been completed, is to enable Secretary Babbitt to analyze and 
     comment upon the draft legislation before he leaves office in 
     January. Secretary Babbitt has been a major participant in 
     the negotiations over the last two years; and his input into 
     the final legislation will be very important to the 
     successful conclusion of the process.
       In summary, our intention is to initiate public discussion 
     of the issues and elicit constructive comments on this bill. 
     Our plan is to reintroduce a modified form of this bill early 
     in the 107th Congress. We expect that the necessary 
     settlement agreements will be complete and signed prior to 
     reintroduction. In relation to the Gila River Indian 
     Community Settlement, we expect that all of the participants 
     named in the attached list will support the settlement 
     agreement, and the implementing legislation, Section 213 has 
     been left open for additional parties to the agreement.
       We hope that agreement can be reached to settle the claims 
     of the San Carlos Apache Tribe. Title IV has been left open 
     for this purpose. However, if the San Carlos Tribe cannot 
     reach agreement with the other parties, including the United 
     States, it is our intention to proceed without Title IV. A 
     separate San Carlos settlement will have to be pursued at a 
     later date.
       We pledge our continuing effort to work with the parties to 
     successfully conclude these historic settlements.
         John McCain, Bob Stump, Jon Kyl, Jim Kolbe, Ed Pastor, 
           Matt Salmon, J.D. Hayworth, John Shadegg.


                        SETTLEMENT PARTICIPANTS

     Gila River Indian Community
     United States--Department of the Interior; Department of 
     Justice
     State of Arizona/Arizona Department of Water Resources
     Central Arizona Water Conservation District
     Salt River Project
     Roosevelt Water Conservation District
     ASARCO
     Phelps Dodge
     City of Mesa
     City of Chandler
     City of Scottsdale
     City of Peoria
     City of Glendale
     City of Phoenix
     Maricopa Stanfield Irrigation and Drainage District
     Central Arizona Irrigation and Drainage District
     San Carlos Irrigation and Drainage District
     Town of Coolidge
     Hohokam Irrigation and Drainage District
     Gila Valley Irrigation District
     Franklin Irrigation District
     City of Safford
     Town of Kearney
     Graham County Utilities
     Arizona State Land Department
     Arizona Water Company
     City of Tempe
     Arizona Game and Fish
     City of Casa Grande
     Town of Gilbert
     Town of Florence
     Town of Duncan
     Buckeye Irrigation Company
     Roosevelt Irrigation District
     New Magma Irrigation and Drainage District

                                  ____
                                  

                                             State of Arizona,

                                    Phoenix, AZ, October 11, 2000.
     Hon. Jon Kyl,
     U.S. Senate,
     Washington, DC.
       Dear Senator Kyl: I commend you for the introduction of the 
     draft legislation the Arizona Water Settlements Act of 2000. 
     This bill will maintain the momentum toward the completion of 
     negotiations on difficult water issues concerning the Central 
     Arizona Project, the Gila River Indian Community, the Tohono 
     O'odham Nation, and the San Carlos Apache Tribe.
       The Central Arizona Project is the lifeblood of Arizona. 
     Confirming the repayment settlement between the United States 
     and the Central Arizona Water Conservation District will 
     benefit all of Arizona's taxpayers. Confirming the agreement 
     between the Secretary of the Interior and the Arizona 
     Department of Water Resources on the allocation of CAP water 
     will provide for Arizona's future.
       It is my understanding that when this legislation is 
     reintroduced in the next congressional session, the parties 
     will approve the Gila River Indian Community settlement 
     agreement. The Governor of the State of Arizona has 
     traditionally been a signatory to Indian water rights 
     settlements and I expect to be a signatory to the Gila 
     settlement. However, I want to emphasize that I will only 
     support a complete settlement of the Gila River Indian 
     Community claims. For example, the economic well being of the 
     upper Gila River Valley communities and agricultural 
     interests is of great interest of the State of Arizona. I 
     understand that much work remains to resolve these upper 
     valley isues and I urge all the participants to reach an 
     agreement as part of the overall settlement.
       Again, I commend your efforts to move the process along, 
     and I look forward to our continued work together on Arizona 
     water resource issues.
           Sincerely,
                                                    Jane Dee Hull,
                                                         Governor.





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