[Congressional Record (Bound Edition), Volume 150 (2004), Part 19]
[Extensions of Remarks]
[Page 25419]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     ARIZONA WATER SETTLEMENTS ACT

                                 ______
                                 

                               speech of

                            HON. RICK RENZI

                               of arizona

                    in the house of representatives

                      Wednesday, November 17, 2004

  Mr. RENZI. Mr. Speaker, although I have had reservations about the 
passage of S. 437 without agreements in place for certain other key 
parties, including the San Carlos Apache Tribe, I support the passing 
of the bill based upon several understandings outlined below.
  It is my understanding that the provisions of the bill are not 
intended to and should not be construed to amend or alter the San 
Carlos Apache Tribe's water and related rights. Title IV of S. 437 
seeks to protect the San Carlos Apache Tribe by ensuring that none of 
the provisions of titles I, II, or III or the agreements, attachments, 
exhibits, or stipulations referenced in those titles can be construed 
to amend, alter, or limit the authority of the United States or the San 
Carlos Apaches to assert any claim, including water rights claims.
  During the development of the bill, and at hearings on the bill, this 
Tribe raised a number of issues of concern to it regarding potential 
adverse effects of the legislation on its water rights. The Tribe and I 
were assured that the provisions of the other titles would not 
adversely affect their water rights. With those and other assurances, I 
withdrew my objection to the bill. However, as the legislation is 
implemented following enactment, I wish to reiterate what I understand 
the intent to have been in the bill's development and to be at passage 
with regard to such provisions in the bill not changing or adversely 
affecting the rights of the San Carlos Apaches.
  Mr. Speaker, by way of background, the San Carlos Apaches were among 
the last to resist what they viewed as the intrusion by outsiders into 
their homeland. They paid a heavy price for that resistance. Some of 
their ancestors were held for years as prisoners of war by the United 
States. Many thousands of acres of some of their most productive lands 
were deleted from their Reservation for uses by others. Their burial 
sites, their farms, and their homes were flooded, and they were forced 
to relocate to make way for the construction of Coolidge Dam. This 
Tribe faces unemployment of about 75 percent. Water is essential to 
their future. The Gila River runs directly through this Tribe's 
Reservation. San Carlos Lake and Reservoir are in the heart of their 
Reservation. Therefore, a genuinely comprehensive, lasting, and 
completed Gila River water settlement cannot be achieved until the 
Congress fairly addresses the needs and rights of the People of the San 
Carlos Apache Tribe. At the Committee markup of this bill, Chairman 
Pombo and others of my colleagues expressed their commitment to helping 
to achieve justice with respect to water rights for the San Carlos 
Apaches. In connection with passage of this bill today, still others of 
my colleagues recognized the work yet to be done on behalf of the 
People of this Tribe.
  The Tribe has made substantial progress in recent months toward 
achieving a Gila River water rights settlement through negotiation with 
a number of the parties involved. It appears very hopeful that a 
settlement for the Tribe can be achieved early in the 109th Congress. 
In pursuit of that effort, I encourage all parties included in this 
legislation that are relevant to working out agreements with the Tribe 
to work seriously, vigorously, and in good-faith to complete equitable 
Gila River water settlements with the Tribe as soon as possible. I will 
then work with the Chair of the Resources Committee, the Ranking 
Minority Member, and other colleagues and Senator Kyl, the chief 
sponsor of S. 437, to see that such agreements become ratified through 
legislation as soon as possible after receiving them next session of 
Congress.
  I will monitor the progress of efforts to negotiate settlements in 
the coming weeks. I will help in whatever way I can to see that 
equitable agreements are achieved for the People of the San Carlos 
Apache Tribe that will help ensure the viability of their Reservation 
as their homeland now and for the future.

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