[106th Congress Public Law 263]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ263.106]
[[Page 114 STAT. 737]]
Public Law 106-263
106th Congress
An Act
To provide for the settlement of the water rights claims of the Shivwits
Band of the Paiute Indian Tribe of Utah, and for other
purposes. <<NOTE: Aug. 18, 2000 - [H.R. 3291]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Shivwits Band of the Paiute
Indian Tribe of Utah Water Rights Settlement Act.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shivwits Band of the Paiute Indian
Tribe of Utah Water Rights Settlement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is the official policy of the United States, in
keeping with its trust responsibility to Indian tribes, to
promote Indian self-determination and economic self-sufficiency,
and to settle the water rights claims of Indian tribes to avoid
lengthy and costly litigation.
(2) Any meaningful policy of Indian self-determination and
economic self-sufficiency requires the development of viable
Indian reservation economies.
(3) The quantification of water rights and the development
of water use facilities is essential to the development of
viable Indian reservation economies, particularly in the arid
Western States.
(4) The Act of March 3, 1891, provided for the temporary
support of the Shebit (or Shivwits) tribe of Indians in
Washington County, Utah, and appropriated moneys for the
purchase of improvements on lands along the Santa Clara River
for the use of said Indians. Approximately 26,880 acres in the
same area were set aside as a reservation for the Shivwits Band
by Executive order dated April 21, 1916. Additional lands were
added to the reservation by Congress on May 28, 1937.
(5) The waters of the Santa Clara River are fully
appropriated except during high flow periods. A water right was
awarded to the United States for the benefit of the Shivwits
Band in the 1922 adjudication entitled St. George Santa Clara
Field Co., et al. v. Newcastle Reclamation Co., et al., for
``1.38 cubic feet of water per second for the irrigation of 83.2
acres of land and for culinary, domestic, and stock watering
purposes'', but no provision has been made for water resource
development to benefit the Shivwits Band. In general, the
remainder of the Santa Clara River's flow is either diverted on
the reservation and delivered through a canal devoted
exclusively to non-Indian use that traverses the reservation to
a reservoir owned by the Ivins Irrigation Company; dedicated
[[Page 114 STAT. 738]]
to decreed and certificated rights of irrigation companies
downstream of the reservation; or impounded in the Gunlock
Reservoir upstream of the reservation. The Band's lack of access
to water has frustrated its efforts to achieve meaningful self-
determination and economic self-sufficiency.
(6) On July 21, 1980, the State of Utah, pursuant to title
73, chapter 4, Utah Code Ann., initiated a statutory
adjudication of water rights in the Fifth Judicial District
Court in Washington County, Utah, Civil No. 800507596, which
encompasses all of the rights to the use of water, both surface
and underground, within the drainage area of the Virgin River
and its tributaries in Utah (``Virgin River Adjudication''),
including the Santa Clara River Drainage (``Santa Clara
System'').
(7) The United States was joined as a party in the Virgin
River Adjudication pursuant to section 666 of title 43, United
States Code. On February 17, 1987, the United States filed a
Statement of Water User Claim asserting a water right based on
State law and a Federal reserved water rights claim for the
benefit of the Shivwits Band to water from the Santa Clara River
System. This was the only claim the United States filed for any
Indian tribe or band in the Virgin River Adjudication within the
period allowed by title 73, chapter 4, Utah Code Ann., which
bars the filing of claims after the time prescribed therein.
(8) The Virgin River adjudication will take many years to
conclude, entail great expense, and prolong uncertainty as to
the availability of water supplies, and thus, the parties have
sought to settle their dispute over water and reduce the burdens
of litigation.
(9) After lengthy negotiation, which included participation
by representatives of the United States Government for the
benefit of the Shivwits Band, the State of Utah, the Shivwits
Band, the Washington County Water Conservancy District, the City
of St. George, and others on the Santa Clara River System, the
parties have entered into agreements to resolve all water rights
claims between and among themselves and to quantify the water
right entitlement of the Shivwits Band, and to provide for the
construction of water projects to facilitate the settlement of
these claims.
(10) Pursuant to the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, and the Settlement
Agreement, the Shivwits Band will receive the right to a total
of 4,000 acre-feet of water annually in settlement of its
existing State law claims and Federal reserved water right
claims.
(11) To advance the goals of Federal Indian policy and
consistent with the trust responsibility of the United States to
the Shivwits Band, it is appropriate that the United States
participate in the implementation of the St. George Water Reuse
Project Agreement, the Santa Clara Project Agreement, and the
Settlement Agreement in accordance with this Act.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Santa Clara River for the
[[Page 114 STAT. 739]]
Shivwits Band, and the United States for the benefit of the
Shivwits Band;
(2) to promote the self-determination and economic self-
sufficiency of the Shivwits Band, in part by providing funds to
the Shivwits Band for its use in developing a viable reservation
economy;
(3) to approve, ratify, and confirm the St. George Water
Reuse Project Agreement, the Santa Clara Project Agreement, and
the Settlement Agreement, and the Shivwits Water Right described
therein;
(4) to authorize the Secretary of the Interior to execute
the St. George Water Reuse Project Agreement, the Santa Clara
Project Agreement, and the Settlement Agreement, and to take
such actions as are necessary to implement these agreements in a
manner consistent with this Act; and
(5) to authorize the appropriation of funds necessary for
implementation of the St. George Water Reuse Project Agreement,
the Santa Clara Project Agreement, and the Settlement Agreement.
SEC. 4. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Utah.--The term ``Utah'' means the State of Utah, by and
through its Department of Natural Resources.
(3) Shivwits band.--The term ``Shivwits Band'' means the
Shivwits Band of the Paiute Indian Tribe of Utah, a constituent
band of the Paiute Indian Tribe of Utah, a federally recognized
Indian tribe organized under section 16 of the Indian
Reorganization Act of June 18, 1934 (48 Stat. 987; 25 U.S.C.
476), and the Act of April 3, 1980 (94 Stat. 317).
(4) Paiute indian tribe of utah.--The term ``Paiute Indian
Tribe of Utah'' means the federally recognized Indian Tribe
organized under section 16 of the Indian Reorganization Act of
June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), and the Act of
April 3, 1980 (94 Stat. 317), comprised of five bands of
Southern Paiute Indians (Shivwits, Indian Peaks, Cedar,
Koosharem, and Kanosh Bands).
(5) District.--The term ``District'' means the Washington
County Water Conservancy District, a Utah water conservancy
district.
(6) St. george.--The term ``St. George'' means St. George
City, a Utah municipal corporation.
(7) Virgin river adjudication.--The term ``Virgin River
Adjudication'' means the statutory adjudication of water rights
initiated pursuant to title 73, chapter 4, Utah Code Ann. and
pending in the Fifth Judicial District Court in Washington
County, Utah, Civil No. 800507596.
(8) St. george water reuse project agreement.--The term
``St. George Water Reuse Project Agreement'' means the agreement
among the United States for the benefit of the Shivwits Band,
Utah, the Shivwits Band, and St. George City, together with all
exhibits thereto, as the same is approved and executed by the
Secretary of the Interior pursuant to section 8 of this Act.
[[Page 114 STAT. 740]]
(9) Santa clara project agreement.--The term ``Santa Clara
Project Agreement'' means the agreement among the United States
for the benefit of the Shivwits Band, Utah, the Shivwits Band,
the Washington County Water Conservancy District, St. George
City, the New Santa Clara Field Canal Company, the St. George
Clara Field Canal Company, the Ivins Irrigation Company, the
Southgate Irrigation Company, Bloomington Irrigation Company, Ed
Bowler, and the Lower Gunlock Reservoir Company, together with
all exhibits thereto, as the same is approved and executed by
the Secretary of the Interior pursuant to section 8 of this Act.
(10) Settlement agreement.--The term ``Settlement
Agreement'' means that agreement among the United States for the
benefit of the Shivwits Band, Utah, the Shivwits Band, the
Washington County Water Conservancy District, St. George City,
the New Santa Clara Field Canal Company, the St. George Clara
Field Canal Company, the Ivins Irrigation Company, the Southgate
Irrigation Company, Bloomington Irrigation Company, Ed Bowler,
and the Lower Gunlock Reservoir Company, together with all
exhibits thereto, as the same is approved and executed by the
Secretary of the Interior pursuant to section 8 of this Act.
(11) Shivwits water right.--The term ``Shivwits Water
Right'' means the water rights of the Shivwits Band set forth in
the Settlement Agreement and as settled, confirmed, and ratified
by section 7 of this Act.
(12) Shivwits band trust fund.--The term ``Shivwits Band
Trust Fund'' means the Trust Fund authorized in section 11 of
this Act to further the purposes of the Settlement Agreement and
this Act.
(13) Virgin river resource management and recovery
program.--The term ``Virgin River Resource Management and
Recovery Program'' means the proposed multiagency program, to be
administered by the United States Fish and Wildlife Service,
Bureau of Land Management, National Park Service, Utah, and the
District, whose primary purpose is to prioritize and implement
native fish recovery actions that offset impacts due to future
water development in the Virgin River basin.
SEC. 5. ST. GEORGE WATER REUSE PROJECT.
(a) St. George Water Reuse Project.--The St. George Water Reuse
Project shall consist of water treatment facilities, a pipeline, and
associated pumping and delivery facilities owned and operated by St.
George, which is a component of, and shall divert water from, the Water
Reclamation Facility located in St. George, Utah, and shall transport
this water for delivery to and use by St. George and the Shivwits Band.
St. George shall make 2,000 acre-feet of water available annually for
use by the Shivwits Band in accordance with the St. George Water Reuse
Project Agreement and this Act.
(b) Project Construction Operation and Maintenance.--(1) St. George
shall be responsible for the design, engineering, permitting,
construction, operation, maintenance, repair, and replacement of the St.
George Water Reuse Project, and the payment of its proportionate share
of these project costs as provided for in the St. George Water Reuse
Project Agreement.
[[Page 114 STAT. 741]]
(2) The Shivwits Band and the United States for the benefit of the
Shivwits Band shall make available, in accordance with the terms of the
St. George Water Reuse Agreement and this Act, a total of $15,000,000 to
St. George for the proportionate share of the design, engineering,
permitting, construction, operation, maintenance, repair, and
replacement of the St. George Water Reuse Project associated with the
2,000 acre-feet annually to be provided to the Shivwits Band.
SEC. 6. SANTA CLARA PROJECT.
(a) Santa Clara Project.--The Santa Clara Project shall consist of a
pressurized pipeline from the existing Gunlock Reservoir across the
Shivwits Reservation to and including Ivins Reservoir, along with main
lateral pipelines. The Santa Clara Project shall pool and deliver the
water rights of the parties as set forth in the Santa Clara Project
Agreement. The Santa Clara Project shall deliver to the Shivwits Band a
total of 1,900 acre-feet annually in accordance with the Santa Clara
Project Agreement and this Act.
(b) Instream Flow.--The Santa Clara Project shall release instream
flow water from the Gunlock Reservoir into the Santa Clara River for the
benefit of the Virgin Spinedace, in accordance with the Santa Clara
Project Agreement and this Act.
(c) Project Funding.--The Utah Legislature and the United States
Congress have each appropriated grants of $750,000 for the construction
of the Santa Clara Project. The District shall provide a grant of
$750,000 for the construction of the Santa Clara Project. The District
shall provide any additional funding required for the construction of
the Santa Clara Project.
(d) Project Construction, Operation, and Maintenance.--The District
shall be responsible for the permitting, design, engineering,
construction, and the initial operation, maintenance, repair, and
replacement of the Santa Clara Project. Operation, maintenance, repair,
and replacement activities and costs of the Santa Clara Project shall be
handled in accordance with the terms of the Santa Clara Project
Agreement.
SEC. 7. SHIVWITS WATER RIGHT.
(a) In General.--The Shivwits Band and its members shall have the
right in perpetuity to divert, pump, impound, use, and reuse a total of
4,000 acre-feet of water annually from the Virgin River and Santa Clara
River systems, to be taken as follows:
(1) 1,900 acre-feet annually from the Santa Clara River
System, with an 1890 priority date in accordance with the terms
of the Santa Clara Project Agreement.
(2) 2,000 acre-feet of water annually from the St. George
Water Reuse Project as provided for in the St. George Water
Reuse Project Agreement. The Shivwits Band shall have first
priority to the reuse water provided from the St. George Water
Reclamation Facility.
(3) 100 acre-feet annually, with a 1916 priority date, from
groundwater on the Shivwits Reservation.
(b) Water Rights Claims.--All water rights claims of the Shivwits
Band, and the Paiute Indian Tribe of Utah acting on behalf of the
Shivwits Band, are hereby settled. The Shivwits Water Right is hereby
ratified, confirmed, and shall be held in trust by the United States for
the benefit of the Shivwits Band.
[[Page 114 STAT. 742]]
(c) Settlement.--The Shivwits Band may use water from the springs
and runoff located on the Shivwits Reservation. The amount used from
these sources will be reported annually to the Utah State Engineer by
the Shivwits Band and shall be counted against the annual 4,000 acre-
feet Shivwits Water Right.
(d) Abandonment, Forfeiture, or Nonuse.--The Shivwits Water Right
shall not be subject to loss by abandonment, forfeiture, or nonuse.
(e) Use or Lease.--The Shivwits Band may use or lease the Shivwits
Water Right for either or both of the following:
(1) For any purpose permitted by tribal or Federal law
anywhere on the Shivwits Band Reservation. Once the water is
delivered to the Reservation, such use shall not be subject to
State law, regulation, or jurisdiction.
(2) For any beneficial use off the Shivwits Reservation in
accordance with the St. George Water Reuse Agreement, the Santa
Clara Project Agreement, the Settlement Agreement, and all
applicable Federal and State laws.
No service contract, lease, exchange, or other agreement entered into
under this subsection may permanently alienate any portion of the
Shivwits Water Right.
SEC. 8. RATIFICATION OF AGREEMENTS.
Except to the extent that the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, and the Settlement
Agreement conflict with the provisions of this Act, such agreements are
hereby approved, ratified, and confirmed. The Secretary is hereby
authorized to execute, and take such other actions as are necessary to
implement, such agreements.
SEC. 9. SATISFACTION OF CLAIMS.
(a) Full Satisfaction of Claims.--The benefits realized by the
Shivwits Band and its members under the St. George Water Reuse Project
Agreement, the Santa Clara Project Agreement, the Settlement Agreement,
and this Act shall constitute full and complete satisfaction of all
water rights claims, and any continuation thereafter of any of these
claims, of the Shivwits Band and its members, and the Paiute Indian
Tribe of Utah acting on behalf of the Shivwits Band, for water rights or
injuries to water rights under Federal and State laws from time
immemorial to the effective date of this Act. Notwithstanding the
foregoing, nothing in this Act shall be--
(1) deemed to recognize or establish any right of a member
of the Shivwits Band to water on the Shivwits Reservation; or
(2) interpreted or construed to prevent or prohibit the
Shivwits Band from participating in the future in other water
projects, or from purchasing additional water rights for their
benefit and use, to the same extent as any other entity.
(b) Waiver and Release.--By the approval, ratification, and
confirmation herein of the St. George Water Reuse Project Agreement, the
Santa Clara Project Agreement, and the Settlement Agreement, the United
States executes the following waiver and release in conjunction with the
Reservation of Rights and Retention of Claims set forth in the
Settlement Agreement, to be effective upon satisfaction of the
conditions set forth in section 14 of this Act. Except as otherwise
provided in the Settlement Agreement, this Act, or the proposed judgment
and decree referred to in section
[[Page 114 STAT. 743]]
14(a)(7) of this Act, the United States, on behalf of the Shivwits Band
and the Paiute Indian Tribe of Utah acting on behalf of the Shivwits
Band, waives and releases the following:
(1) All claims for water rights or injuries to water rights
for lands within the Shivwits Reservation that accrued at any
time up to and including the effective date determined by
section 14 of this Act, and any continuation thereafter of any
of these claims, that the United States for the benefit of the
Shivwits Band may have against Utah, any agency or political
subdivision thereof, or any person, entity, corporation, or
municipal corporation.
(2) All claims for water rights or injuries to water rights
for lands outside of the Shivwits Reservation, where such claims
are based on aboriginal occupancy of the Shivwits Band, its
members, or their predecessors, that accrued at any time up to
and including the effective date determined by section 14 of
this Act, and any continuation thereafter of any of these
claims, that the United States for the benefit of the Shivwits
Band may have against Utah, any agency or political subdivision
thereof, or any person, entity, corporation, or municipal
corporation.
(3) All claims for trespass to lands on the Shivwits
Reservation regarding the use of Ivins Reservoir that accrued at
any time up to and including the effective date determined by
section 14 of this Act.
(c) Definitions.--For purposes of this section--
(1) ``water rights'' means rights under State and Federal
law to divert, pump, impound, use or reuse, or to permit others
to divert, pump, impound, use or reuse water; and
(2) ``injuries to water rights'' means the loss,
deprivation, or diminution of water rights.
(d) Savings Provision.--In the event the waiver and release
contained in subsection (b) of this section do not become effective
pursuant to section 14, the Shivwits Band and the United States shall
retain the right to assert past and future water rights claims as to all
lands of the Shivwits Reservation, and the water rights claims and
defenses of all other parties to the agreements shall also be retained.
SEC. 10. <<NOTE: Environmental protection. Wildlife.>> WATER RIGHTS AND
HABITAT ACQUISITION PROGRAM.
(a) In General.--The Secretary is authorized to establish a water
rights and habitat acquisition program in the Virgin River Basin--
(1) primarily for the benefit of native plant and animal
species in the Santa Clara River Basin which have been listed,
are likely to be listed, or are the subject of a duly approved
conservation agreement under the Endangered Species Act; and
(2) secondarily for the benefit of native plant and animal
species in other parts of the Virgin River Basin which have been
listed, are likely to be listed, or are the subject of a duly
approved conservation agreement under the Endangered Species
Act.
(b) Water and Water Rights.--The Secretary is authorized to acquire
water and water rights, with or without the lands to which such rights
are appurtenant, and to acquire shares in irrigation and water
companies, and to transfer, hold, and exercise such
[[Page 114 STAT. 744]]
water and water rights and related interests to assist the conservation
and recovery of any native plant or animal species described in
subsection (a).
(c) Requirements.--Acquisition of the water rights and related
interests pursuant to this section shall be subject to the following
requirements:
(1) Water rights acquired must satisfy eligibility criteria
adopted by the Secretary.
(2) Water right purchases shall be only from willing
sellers, but the Secretary may target purchases in areas deemed
by the Secretary to be most beneficial to the water rights
acquisition program established by this section.
(3) All water rights shall be transferred and administered
in accordance with any applicable State law.
(d) Habitat Property.--The Secretary is authorized to acquire, hold,
and transfer habitat property to assist the conservation and recovery of
any native plant or animal species described in section 10(a).
Acquisition of habitat property pursuant to this section shall be
subject to the following requirements:
(1) Habitat property acquired must satisfy eligibility
criteria adopted by the Secretary.
(2) Habitat property purchases shall be only from willing
sellers, but the Secretary may target purchases in areas deemed
by the Secretary to be most beneficial to the habitat
acquisition program established by this section.
(e) Contract.--The Secretary is authorized to administer the water
rights and habitat acquisition program by contract or agreement with a
non-Federal entity which the Secretary determines to be qualified to
administer such program. The water rights and habitat acquisition
program shall be administered pursuant to the Virgin River Resource
Management and Recovery Program.
(f ) Authorization.--There is authorized to be appropriated from the
Land and Water Conservation Fund for fiscal years prior to the fiscal
year 2004, a total of $3,000,000 for the water rights and habitat
acquisition program authorized in this section. The Secretary is
authorized to deposit and maintain this appropriation in an interest
bearing account, said interest to be used for the purposes of this
section. The funds authorized to be appropriated by this section shall
not be in lieu of or supersede any other commitments by Federal, State,
or local agencies. The funds appropriated pursuant to this section shall
be available until expended, and shall not be expended for the purpose
set forth in subsection (a)(2) until the Secretary has evaluated the
effectiveness of the instream flow required and provided by the Santa
Clara Project Agreement, and has assured that the appropriations
authorized in this section are first made available for the purpose set
forth in subsection (a)(1).
SEC. 11. SHIVWITS BAND TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a fund to be known as the ``Shivwits Band
Trust Fund'' (hereinafter called the ``Trust Fund''). The Secretary
shall deposit into the Trust Fund the funds authorized to be
appropriated in subsections (b) and (c). Except as otherwise provided in
this Act, the Trust Fund principal and any income accruing thereon shall
be managed in accordance with the American
[[Page 114 STAT. 745]]
Indian Trust Fund Management Reform Act (108 Stat. 4239; 25 U.S.C. 4001
et seq.).
(b) Authorization.--There is authorized to be appropriated a total
of $20,000,000, for fiscal years prior to the fiscal year 2004 for the
following purposes:
(1) $5,000,000, which shall be made available to the
Shivwits Band from the Trust Fund for purposes including but not
limited to those that would enable the Shivwits Band to put to
beneficial use all or part of the Shivwits Water Right, to
defray the costs of any water development project in which the
Shivwits Band is participating, or to undertake any other
activity that may be necessary or desired for implementation of
the St. George Water Reuse Project Agreement, the Santa Clara
Project Agreement, the Settlement Agreement, or for economic
development on the Shivwits Reservation.
(2) $15,000,000, which shall be made available by the
Secretary and the Shivwits Band to St. George for the St. George
Water Reuse Project, in accordance with the St. George Water
Reuse Project Agreement.
(c) Share of Certain Costs.--There is authorized to be appropriated
to the Trust Fund in fiscal years prior to the fiscal year 2004 a total
of $1,000,000 to assist with the Shivwits Band's proportionate share of
operation, maintenance, repair, and replacement costs of the Santa Clara
Project as provided for in the Santa Clara Project Agreement.
(d) Use of the Trust Fund.--Except for the $15,000,000 appropriated
pursuant to subsection (b)(2), all Trust Fund principal and income
accruing thereon may be used by the Shivwits Band for the purposes
described in subsections (b)(1) and (c). The Shivwits Band, with the
approval of the Secretary, may withdraw the Trust Fund and deposit it in
a mutually agreed upon private financial institution. That withdrawal
shall be made pursuant to the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.). If the Shivwits Band
exercises its right pursuant to this subsection to withdraw the Trust
Fund and deposit it in a private financial institution, except as
provided in the withdrawal plan, neither the Secretary nor the Secretary
of the Treasury shall retain any oversight over or liability for the
accounting, disbursement, or investment of the funds.
(e) No Per Capita Payments.--No part of the principal of the Trust
Fund, or of the income accruing thereon, or of any revenue generated
from any water use subcontract, shall be distributed to any member of
the Shivwits Band on a per capita basis.
(f ) Limitation.--The moneys authorized to be appropriated under
subsections (b) and (c) shall not be available for expenditure or
withdrawal by the Shivwits Band until the requirements of section 14
have been met so that the decree has become final and the waivers and
releases executed pursuant to section 9(b) have become effective. Once
the settlement becomes effective pursuant to the terms of section 14 of
this Act, the assets of the Trust Fund belong to the Shivwits Band and
are not returnable to the United States Government.
SEC. 12. ENVIRONMENTAL COMPLIANCE.
(a) National Environmental Policy Act.--Signing by the Secretary of
the St. George Water Reuse Project Agreement, the
[[Page 114 STAT. 746]]
Santa Clara Project Agreement, or the Settlement Agreement does not
constitute major Federal action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Other Requirements.--The Secretary shall comply with all aspects
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and other applicable environmental laws in implementing the terms
of the St. George Water Reuse Agreement, the Santa Clara Project
Agreement, the Settlement Agreement, and this Act.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) Other Indian Tribes.--Nothing in the Settlement Agreement or
this Act shall be construed in any way to quantify or otherwise
adversely affect the land and water rights, claims, or entitlements to
water of any Indian tribe, pueblo, or community, other than the Shivwits
Band and the Paiute Indian Tribe of Utah acting on behalf of the
Shivwits Band.
(b) Precedent.--Nothing in this Act shall be construed or
interpreted as a precedent for the litigation of reserved water rights
or the interpretation or administration of future water settlement Acts.
(c) Waiver of Sovereign Immunity.--Except to the extent provided in
subsections (a), (b), and (c) of section 208 of the Department of
Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act may
be construed to waive the sovereign immunity of the United States.
Furthermore, the submission of any portion of the Settlement Agreement
to the District Court in the Virgin River Adjudication shall not expand
State court jurisdiction or expand in any manner the waiver of sovereign
immunity of the United States in section 666 of title 43, United States
Code, or any other provision of Federal law.
(d) Appraisals.--Notwithstanding any other law to the contrary, the
Secretary is authorized to approve any right-of-way appraisal which has
been completed in accordance with the provisions of the Santa Clara
Project Agreement.
SEC. 14. EFFECTIVE DATE.
(a) <<NOTE: Federal Register, publication.>> In General.--The
waiver and release contained in section 9(b) of this Act shall become
effective as of the date the Secretary causes to be published in the
Federal Register a statement of findings that--
(1) the funds authorized by sections 11(b) and 11(c) have
been appropriated and deposited into the Trust Fund;
(2) the funds authorized by section 10(f ) have been
appropriated;
(3) the St. George Water Reuse Project Agreement has been
modified to the extent it is in conflict with this Act and is
effective and enforceable according to its terms;
(4) the Santa Clara Project Agreement has been modified to
the extent it is in conflict with this Act and is effective and
enforceable according to its terms;
(5) the Settlement Agreement has been modified to the extent
it is in conflict with this Act and is effective and enforceable
according to its terms;
(6) the State Engineer of Utah has taken all actions and
approved all applications necessary to implement the provisions
of the St. George Water Reuse Agreement, the Santa Clara
[[Page 114 STAT. 747]]
Project Agreement, and the Settlement Agreement, from which no
further appeals may be taken; and
(7) the court has entered a judgment and decree confirming
the Shivwits Water Right in the Virgin River Adjudication
pursuant to Utah Rule of Civil Procedure 54(b), that confirms
the Shivwits Water Right and is final as to all parties to the
Santa Clara Division of the Virgin River Adjudication and from
which no further appeals may be taken, which the United States
and Utah find is consistent in all material aspects with the
Settlement Agreement and with the proposed judgment and decree
agreed to by the parties to the Settlement Agreement.
(b) Deadline.--If the requirements of paragraphs (1) through (7) of
subsection (a) are not completed to allow the Secretary's statement of
findings to be published by December 31, 2003--
(1) except as provided in section 9(d), this Act shall be of
no further force and effect; and
(2) all unexpended funds appropriated under section 11(b)
and (c), together with all interest earned on such funds shall
revert to the general fund of the United States Treasury on
October 1, 2004.
Approved August 18, 2000.
LEGISLATIVE HISTORY--H.R. 3291:
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HOUSE REPORTS: No. 106-743 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 25, considered and passed House.
July 27, considered and passed Senate.
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