[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71143-71145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24257]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Statement of Findings: Gila River Indian Community Water Rights 
Settlement Act of 2004

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of Statement of Findings in accordance with Title II of 
Public Law 108-451.

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SUMMARY: The Secretary of the Interior is publishing this notice in 
accordance with section 207(c) of the Gila River Indian Community Water 
Rights

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Settlement Act of 2004 (Settlement Act), Public Law 108-451, 118 Stat. 
3499, 3519-20. Congress enacted the Settlement Act as Title II of the 
Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 
3478 et seq. The publication of this notice causes the waivers and 
releases of certain claims to become effective as required by the 
Settlement Act.

DATES: Effective Date: In accordance with section 207(b) of the 
Settlement Act, the waivers and releases of claims described in 
paragraphs (1) and (3) through (5) of section 207(a) and the remaining 
provisions of section 207 of the Settlement Act are effective on 
December 14, 2007.

FOR FURTHER INFORMATION CONTACT: Address all comments and requests for 
additional information to Deborah Saint, Chair, Arizona Water 
Settlements Act Implementation Team, Department of the Interior, Bureau 
of Reclamation, Lower Colorado Region, Native American Affairs Office, 
400 N 5th Street, Suite 1470, Phoenix, AZ 85004. (602) 379-3199.

SUPPLEMENTARY INFORMATION: On February 4, 2003, the Gila River Indian 
Community (Community) and other parties entered into the Gila River 
Indian Community Water Rights Settlement Agreement (Gila River 
Agreement). The Gila River Agreement established the basis to resolve 
the Community's water rights claims to the Gila River in Arizona. On 
December 10, 2004, Congress enacted the Settlement Act as Title II of 
AWSA and authorized, ratified, and confirmed the provisions of the Gila 
River Agreement except to the extent that any provision of the 
agreement conflicts with the Settlement Act.
    The purposes of the Settlement Act are:
    (1) To resolve permanently certain damage claims and all water 
rights claims among the United States on behalf of the Community, its 
members, and allottees, and the Community and its neighbors;
    (2) To authorize, ratify, and confirm the Gila River Agreement;
    (3) To authorize and direct the Secretary to execute and perform 
all obligations of the Secretary under the Gila River Agreement;
    (4) To authorize the actions and appropriations necessary for the 
United States to meet its obligations under the Gila River Agreement 
and the Settlement Act; and
    (5) To authorize and direct the Secretary to execute the New Mexico 
Consumptive Use and Forbearance Agreement to allow the Secretary to 
exercise the rights authorized by subsections (d) and (f) of section 
304 of the Colorado River Basin Project Act (43 U.S.C. 1524).
    In order for the waivers and releases set forth in the Gila River 
Agreement and Settlement Act to become fully effective and enforceable, 
the Secretary is required to make a statement of findings that certain 
conditions have been met.

Statement of Findings

    In accordance with section 207(c) of the Settlement Act, I find as 
follows:
    1. The Gila River Agreement has been revised through an amendment 
to eliminate any conflict with the Settlement Act and, as so revised, 
the Gila River Agreement has been executed by the Secretary and the 
Governor of the State of Arizona.
    2. In accordance with subsections 104(a)(1)(A)(i) and (a)(2) of 
AWSA, 102,000 acre-feet of Central Arizona Project (CAP) agricultural 
priority water has been reallocated to the Community and up to 96,295 
acre-feet of CAP agricultural priority water has been reallocated to 
the Arizona Department of Water Resources (ADWR) to be held under 
contract in trust for further allocation. This reallocation is 
memorialized through a decision published in the Federal Register on 
August 25, 2006, and the Arizona Water Settlement Agreement which 
prohibits direct use of the water by ADWR.
    3. In accordance with subsection 104(b) of AWSA, 65,647 acre-feet 
of uncontracted CAP municipal and industrial water has been reallocated 
as memorialized in the Federal Register notice of August 25, 2006, and 
subcontracts for delivery have been offered. Amendments to all CAP 
contracts and subcontracts to include the requirements of subsection 
104(d) have been offered.
    4. In accordance with section 204 of the Settlement Act, the 
Secretary has reallocated and contracted with the Community for 
additional CAP entitlements of 18,600 acre-feet from the Roosevelt 
Water Conservation District; 18,100 acre-feet relinquished by the 
Harquahala Valley Irrigation District; and 102,000 acre-feet as 
provided in section 104 of AWSA.
    5. The Community's CAP Water Delivery Contract has been amended in 
accordance with section 205 of the Settlement Act. The Secretary has 
executed leases of Community CAP water to Phelps Dodge and to the 
Cities of Goodyear, Peoria, Phoenix and Scottsdale, and has executed 
the Reclaimed Water Exchange Agreement.
    6. The Secretary has established a program to repair and remediate 
subsidence damage and related damage in accordance with section 209(a) 
of the Settlement Act.
    7. The parties have executed the Arizona Water Settlement 
Agreement, the ``master agreement'' authorized, ratified, and confirmed 
by section 106(a) of AWSA, and all conditions to its enforceability 
have been satisfied.
    8. $53 million has been identified and retained in the Lower 
Colorado River Basin Development Fund for the benefit of the Community 
in accordance with section 107(b) of the Settlement Act.
    9. Pursuant to paragraph 27.4 of the Gila River Agreement, the 
Arizona State legislature and the Governor of Arizona have determined 
that the appropriate and commensurate contribution from the State of 
Arizona is the State's recognition of the Community's interest in 
acquiring and placing into trust status a parcel located within the 
exterior boundaries of the Community's reservation and the State's 
willingness to cooperate in this effort, together with the firming of 
15,000 acre-feet of non-Indian agricultural priority CAP water to the 
equivalent of municipal and industrial priority water.
    10. Pursuant to subparagraph 16.9 of the Gila River Agreement, the 
Salt River Project has paid $500,000 to the Community.
    11. The judgments and decrees attached to the Gila River Agreement 
as exhibits 25.18A (Gila River adjudication proceedings) and 25.18B 
(Globe Equity Decree proceedings) have been approved by the respective 
courts.
    12. The dismissals attached to the Gila River Agreement as exhibits 
25.17.1A and B, 25.17.2, and 25.17.3A and B have been filed with the 
respective courts and any necessary dismissal orders have been entered.
    13. The State of Arizona has enacted legislation to implement the 
Southside Replenishment Program in accordance with subparagraph 5.3 of 
the Gila River Agreement; to authorize the firming program required by 
section 105 of AWSA; and to establish the Upper Gila River Watershed 
Maintenance Program in accordance with subparagraph 26.8.1 of the Gila 
River Agreement.
    14. The State of Arizona, through the Arizona Water Banking 
Authority, has entered into an agreement with the Secretary to carry 
out the obligation of the State to firm CAP agricultural priority water 
to municipal and industrial priority water under section 105(b)(2)(A) 
of AWSA.
    15. Final judgment has been entered in Central Arizona Water 
Conservation District v. United States (No. CIV 95-

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625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC) (Consolidated Action) in 
accordance with the repayment stipulation in that case.

    Dated: December 10, 2007.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. E7-24257 Filed 12-13-07; 8:45 am]
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