[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2679]


[[Page Unknown]]

[Federal Register: February 7, 1994]


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DEPARTMENT OF THE INTERIOR

 

Statement of Findings, Implementation of the Fort McDowell Indian 
Community Water Rights Settlement Act of 1990, Public Law 101-628

AGENCY: Department of the Interior.

ACTION: Statement of findings.

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SUMMARY: It is the policy of the United States, in fulfillment of its 
trust responsibility to Indian Tribes, to promote Indian self-
determination and economic self-sufficiency, and to settle, wherever 
possible, the water rights claims of Indian tribes without lengthy and 
costly litigation. On November 28, 1990, the Fort McDowell Indian 
Community Water Rights Settlement Act of 1990, Pub. L. 101-628, Title 
IV, 104 Stat. 4480 (Settlement Act) was enacted to settle the water 
rights claims of the Fort McDowell Indian Community (Community) located 
in Maricopa County, Arizona. Section 412(a) of the Settlement Act 
provides that the congressional authorization for the Community, and 
the United States on behalf of the Community, to execute, as part of 
the settlement, a waiver and release of all present and future claims 
of water rights shall become effective as of the date the Secretary of 
the Interior causes to be published a statement of findings as 
prescribed in section 412(a)(1) through 412(a)(8). Accordingly, in 
compliance with section 412(a), the Department of the Interior provides 
this notice that it and where appropriate, other entities, have 
completed the tasks outlined in the Settlement Act as is reflected in 
the following Statement of Findings.

FOR FURTHER INFORMATION CONTACT: Deborah A. Saint, Chair, 
Implementation Team for the Fort McDowell Indian Community Water Rights 
Settlement Act of 1990, P.O. Box 10, Phoenix, Arizona, 85001, 602-379-
3180.

STATEMENT OF FINDINGS: 
    1. Pursuant to section 404 of the Settlement Act, the Secretary of 
the Interior signed a contract with the Salt River Project for the 
storage and re-regulation of the Community's Kent Decree water on 
December 14, 1993.
    2. Pursuant to section 405(b) of the Settlement Act, the Roosevelt 
Water Conservation District subcontract for agricultural water service 
from the Central Arizona Project (CAP) was revised and executed on 
November 18, 1991.
    3. Pursuant to section 406 of the Settlement Act, on December 1, 
1992, the Secretary acquired 13,933 acre-feet of CAP water permanently 
relinquished by the Harquahala Valley Irrigation District and, on 
December 14, 1993, made it available for delivery for the benefit of 
the Community.
    4. Pursuant to section 408(b), a Development Fund was established 
for the Community and $23,000,000 has been deposited into the 
Community's Development Fund for the Community to use in the design and 
construction of facilities to put to beneficial use the Community's 
water entitlement and for other economic and community development on 
the Fort McDowell Indian Reservation.
    5. Pursuant to section 408(e), on December 7, 1992, the Secretary 
provided a Small Reclamation Projects Act loan in the amount of 
$13,000,000 for the purpose of constructing facilities for the 
conveyance and delivery of water on the Fort McDowell Indian 
Reservation.
    6. Pursuant to section 21.4 of the Agreement dated January 15, 
1993, between the Fort McDowell Indian Community, the United States of 
America, the State of Arizona, the Salt River Valley Water Users' 
Association, the Salt River Project Agricultural Improvement and Power 
District, the Roosevelt Water Conservation District, the Central 
Arizona Water Conservation District, and the Arizona Cities of Phoenix, 
Scottsdale, Glendale, Mesa, Tempe, and Chandler and the Town of 
Gilbert, the State of Arizona has appropriated $2,000,000 into the 
Community Development Fund.
    7. Pursuant to exhibit 19.5 of the Agreement described above in 
Item 6, the stipulation waiving the Community's water rights claims was 
approved by the Superior Court of the State of Arizona in and for the 
County of Maricopa on November 5, 1993.
    8. The Agreement described above in Item 6 was modified to 
eliminate any conflicts with the Settlement Act and was executed by the 
Secretary on January 15, 1993.
    With publication of this Federal Register notice, as authorized 
under sections 409 and 412 of the Settlement Act, the waiver and 
release of all present and future claims of water rights or injuries to 
water rights executed by the Fort McDowell Indian Community and the 
Secretary of the Interior on behalf of the United States is effective.

    Dated: January 31, 1994.
John J. Duffy,
Chairman, Working Group for Indian Water Settlements.
[FR Doc. 94-2679 Filed 2-4-94; 8:45 am]
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