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106th CONGRESS
2d Session
H. R. 5529
To provide for adjustments to the Central Arizona Project in Arizona,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 2000
Mr. Hayworth (for himself, Mr. Stump, Mr. Kolbe, Mr. Pastor, Mr.
Salmon, and Mr. Shadegg) introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
To provide for adjustments to the Central Arizona Project in Arizona,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Arizona Water
Settlements Act of 2000''.
(b) Table of Contents.--The table of contents of the Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CENTRAL ARIZONA PROJECT ADJUSTMENT ACT OF 2000
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
Sec. 104. General provisions.
Sec. 105. Allocation of CAP water.
Sec. 106. Firming of CAP indian water.
Sec. 107. Acquisition of non-indian agricultural priority CAP water.
Sec. 108. Lower colorado river basin development fund.
TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT OF
2000
Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions.
Sec. 204. Approval of the Gila River Indian Community Water Rights
Settlement Agreement.
Sec. 205. Rights to water.
Sec. 206. Community water delivery contract amendments.
Sec. 207. Claims extinguishment: waivers and releases.
Sec. 208. Community trust funds.
Sec. 209. Community subsidence recovery trust account.
Sec. 210. Authorization of appropriations.
Sec. 211. After acquired trust lands.
Sec. 212. Miscellaneous provisions.
Sec. 213. Additional Upper Gila Valley issues.
TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT AMENDMENTS
Sec. 301. Amendment to Southern Arizona Water Rights Settlement Act of
1982.
``TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT AMENDMENTS
``Sec. 301. Short title.
``Sec. 302. Congressional findings.
``Sec. 303. Definitions.
``Sec. 304. Water delivery and construction obligations.
``Sec. 305. Deliveries under existing contract; alternative
water supplies.
``Sec. 306. Additional water delivery.
``Sec. 307. Conditions on construction, water delivery, revenue
sharing.
``Sec. 308. Water code; water management plan; storage
projects; storage accounts; ground water.
``Sec. 309. Status of lands acquired in exchange for lands
within the Gila Bend Indian Reservation.
``Sec. 310. Uses of water.
``Sec. 311. Expenditures from the trust fund of the Nation.
``Sec. 312. Cooperative fund; expenditures.
``Sec. 313. Contracting authority; environmental compliance;
water quality; studies; arid lands
assistance.
``Sec. 314. Authorization of appropriations.
``Sec. 315. Settlement of claims.
``Sec. 316. Nonreimbursable costs.
``Sec. 317. Effective date.''
TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 2000
Sec. 401. Short title.
TITLE V--ENFORCEMENT AND EFFECTIVE DATE
Sec. 501. Effective date of authorization of appropriations.
Sec. 502. Expiration of effective date.
TITLE I--CENTRAL ARIZONA PROJECT ADJUSTMENT ACT OF 2000
SEC. 101. SHORT TITLE.
This title may be cited as the ``Central Arizona Project Adjustment
Act of 2000''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) The Central Arizona Project, and the water that it
brings to Maricopa, Pinal and Pima Counties in Arizona, are
vital resources to Arizona's citizens.
(2) An agreement on final allocations of Central Arizona
Project water among all interested stakeholders, including both
Federal and State interests, will provide important benefits to
the Federal Government, the State of Arizona, and all of
Arizona's citizens.
SEC. 103. DEFINITIONS.
In this title:
(1) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(2) Arizona indian tribes.--The term ``Arizona Indian
Tribes'' means any Indian tribe, band, nation, or other
organized group or community that is recognized as eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians that is located
in the State of Arizona.
(3) Central arizona project.--The terms ``Central Arizona
Project'' and ``CAP'' mean the reclamation project authorized
and constructed by the United States pursuant to title III of
the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.).
(4) CAP master repayment contract.--The term ``CAP Master
Repayment Contract'' means the Contract between the United
States and the Central Arizona Water Conservation District for
Delivery of Water and Repayment of Costs of the Central Arizona
Project, dated December 1, 1988 (Contract No. 14-06-W-245,
Amendment No. 1), and any amendment or revision thereof.
(5) CAWCD.--The term ``CAWCD'' means the Central Arizona
Water Conservation District (a political subdivision of the
State of Arizona and a tax-levying public improvement district
organized under the laws of the State of Arizona), or its
successor, which is the contractor under a contract with the
United States, dated December 15, 1972, for the delivery of
water and repayment of costs of the Central Arizona Project.
(6) Director.--The term ``Director'' means the Director of
the Arizona Department of Water Resources.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Stipulation.--The term ``Stipulation'' means the
Stipulation Regarding A Stay of Litigation, Resolution of
Issues During the Stay and for Ultimate Judgment Upon the
Satisfaction of Conditions as filed with the United States
District Court on May 3, 2000, in Central Arizona Water
Conservation District v. United States (No. CIV 95-625-TUC-WDB
(EHC), No. CIV 95-1720-PHX-EHC) (Consolidated Action)).
SEC. 104. GENERAL PROVISIONS.
(a) General Rule of Construction.--Except with respect to the
allocation of CAP water made in this title, nothing in this title shall
be construed to supersede or otherwise affect any treaty, law, or
agreement governing the use of water from the Colorado River or
existing rights to use Colorado River water.
(b) References.--Any references in this title to the Arizona
Department of Water Resources or the CAWCD shall not be construed to
limit the authority of the Governor of Arizona or the Arizona State
legislature to designate the appropriate State official or agency for
actions to be undertaken under this title.
(c) Repeal.--Effective upon the entry of a final judgment in
Central Arizona Water Conservation District v. United States (No. CIV
95-625-TUC-WDB (EHC), No. CIV 95-1720-09-PHX-EHC) (Consolidated
Action)), consistent with the Order entered in that action on May 9,
2000, section 11(h) of the Salt River Pima-Maricopa Indian Community
Water Rights Settlement Act of 1988 (Public Law 100-512) is repealed.
(d) General Permissible Uses.--The Central Arizona Project may be
used for the transport of non-project water for domestic, municipal,
fish and wildlife, industrial, and other beneficial purposes, including
any purpose authorized under the Central Arizona Project in accordance
with the CAP Master Repayment Contract.
(e) Repayment Obligation.--The Secretary is authorized to establish
the repayment obligation for CAWCD as set forth in the Stipulation.
SEC. 105. ALLOCATION OF CAP WATER.
(a) Non-Indian Agricultural Priority Water.--The Secretary shall
reallocate and contract the 293,795 acre-feet of CAP non-Indian
agricultural priority water acquired pursuant to section 107 in the
following manner:
(1) 197,500 acre-feet of such water shall, while retaining
its non-Indian agricultural priority, be allocated for use by
Arizona Indian Tribes, and with respect to such water the
Secretary shall allocate and contract--
(A) 102,000 acre-feet of such water to the Gila
River Indian Community;
(B) 28,200 acre-feet of such water to the Tohono
O'odham Nation; and
(C) the residual amount of 67,300 acre-feet of such
water to Arizona Indian Tribes subject to the
following:
(i) Such water shall be used to resolve
Indian water claims, and may be allocated by
the Secretary to Arizona Indian Tribes in
fulfillment of future Indian water rights
settlement agreements approved by an Act of
Congress. In the absence of an Indian water
rights settlement that is approved by an Act of
Congress after the date of enactment of this
Act, the Secretary shall not allocate any such
water during the 15-year period beginning on
the date of enactment of this Act. Any
allocations made by the Secretary after such
15-year period shall be accompanied by a
certification that the Secretary is making the
allocation in order to assist in the resolution
of an Indian water right claim. Any such water
allocated to an Arizona Indian Tribe pursuant
to a water delivery contract with the Secretary
under this clause shall be counted on an acre-
foot per acre-foot basis against any claim to
water for that Tribe's reservation.
(ii) Any water allocated to any Arizona
Indian Tribe pursuant to this subparagraph
shall not, in the absence of Congressional
authorization, be leased, exchanged, forborne,
or otherwise transferred in any way by the
Tribe for use directly or indirectly off the
Tribe's reservation or outside of the State of
Arizona.
(iii) None of the water allocated to any
Arizona Indian Tribe pursuant to this section
shall be leased, exchanged, or otherwise
transferred in any way for use directly or
indirectly outside of the State of Arizona.
(2) 96,295 acre-feet of such water shall be allocated to
the Arizona Department of Water Resources to be held under
contract in trust for future allocation. Such water shall
retain its non-Indian agricultural priority and shall be
subject to the provisions of the escrow agreement ratified and
confirmed under section 407(a), including certain rights
provided to Pinal County water users under such agreement. The
Secretary shall execute appropriate documentation, including
allocation decisions and a trust contract, to memorialize the
allocation of such water under this paragraph. Such contract
shall not authorize the direct use of water by the Arizona
Department of Water Resources. With respect to the water
allocated under this paragraph, the following shall apply:
(A) The Secretary shall not re-allocate any water
allocated under this paragraph unless the Director of
the Arizona Department of Water Resources first makes a
recommendation for such an allocation. Upon such
recommendation, the Secretary shall implement such
recommendation, pursuant to applicable Federal law. The
Secretary shall commence all necessary reviews of the
proposed allocation under applicable Federal law, and
pursue that review until completion.
(B) In the event that any recommendation made
pursuant to subparagraph (A) is rejected, the Secretary
shall immediately upon such rejection request a revised
recommendation from the Director of the Arizona
Department of Water Resources and shall re-commence all
necessary reviews of the proposed allocation under
applicable Federal law.
(b) Uncontracted CAP Municipal and Industrial Priority Water.--
(1) In general.--The Secretary shall reallocate and
contract 65,647 acre-feet of, as of the date of enactment of
this Act, uncontracted CAP municipal and industrial priority
water in the following manner:
(A) 285 acre-feet of such water shall be allocated
to the Town of Superior, Arizona.
(B) 806 acre-feet of such water shall be allocated
to the Cave Creek Water Company.
(C) 1,931 acre-feet of such water shall be
allocated to the Chaparral Water Company.
(D) 508 acre-feet of such water shall be allocated
to the Town of El Mirage, Arizona.
(E) 7,211 acre-feet of such water shall be
allocated to the City of Goodyear, Arizona.
(F) 147 acre-feet of such water shall be allocated
to the H2O Water Company.
(G) 7,115 acre-feet of such water shall be
allocated to the City of Mesa, Arizona.
(H) 5,527 acre-feet of such water shall be
allocated to the City of Peoria, Arizona.
(I) 2,981 acre-feet of such water shall be
allocated to the City of Scottsdale, Arizona.
(J) 808 acre-feet of such water shall be allocated
to the AVRA Cooperative.
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