Hualapai Tribe Water Rights Settlement Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1277 To approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 1, 2019 Ms. MCSALLY (for herself and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hualapai Tribe Water 4 Rights Settlement Act of 2019’’. 5 SEC. 2. PURPOSES. 6 The purposes of this Act are— 7 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1277 IS (1) to resolve, fully and finally, all claims to 1 rights to water in the State, including the Verde 2 River, the Bill Williams River, and the Colorado 3 River, of— 4 (A) the Hualapai Tribe, on behalf of the 5 Hualapai Tribe and the members of the 6 Hualapai Tribe; and 7 (B) the United States, acting as trustee 8 for the Hualapai Tribe, the members of the 9 Hualapai Tribe, and the allottees; 10 (2) to authorize, ratify, and confirm the 11 Hualapai Tribe water rights settlement agreement 12 entered into among the Hualapai Tribe, the United 13 States, the State, and others, to the extent that 14 agreement is consistent with this Act; 15 (3) to authorize and direct the Secretary to exe- 16 cute and perform the duties and obligations of the 17 Secretary under the Hualapai Tribe water rights 18 settlement agreement and this Act; and 19 (4) to authorize the appropriation of amounts 20 necessary for the implementation of the Hualapai 21 Tribe water rights settlement agreement and this 22 Act. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1277 IS (1) 1947 JUDGMENT.—The term ‘‘1947 Judg- 1 ment’’ means the Judgment and the Stipulation and 2 Agreement, including exhibits to the Judgment and 3 the Stipulation and Agreement, entered on March 4 13, 1947, in United States v. Santa Fe Pac. R.R. 5 Co., No. E–190 (D. Ariz.) and attached to the 6 Hualapai Tribe water rights settlement agreement 7 as Exhibit 3.1.1. 8 (2) AFY.—The term ‘‘AFY’’ means acre-feet 9 per year. 10 (3) ALLOTMENT.—The term ‘‘allotment’’ means 11 any of the 4 off-reservation parcels that are— 12 (A) held in trust by the United States for 13 individual Indians in the Big Sandy River basin 14 in Mohave County, Arizona, under the patents 15 numbered 1039995, 1039996, 1039997, and 16 1019494; and 17 (B) identified as Parcels 1A, 1B, 1C, and 18 2 on the map attached to the Hualapai Tribe 19 water rights settlement agreement as Exhibit 20 3.1.6. 21 (4) ALLOTTEE.—The term ‘‘allottee’’ means 22 any Indian owner of an allotment. 23 (5) AVAILABLE CAP SUPPLY.—The term ‘‘avail- 24 able CAP supply’’ means, for any year— 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1277 IS (A) all fourth priority water available for 1 delivery through the CAP system; 2 (B) water available from Central Arizona 3 Project dams and reservoirs other than the 4 Modified Roosevelt Dam; and 5 (C) return flows captured by the Secretary 6 for Central Arizona Project use. 7 (6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil- 8 liams Act’’ means the Bill Williams River Water 9 Rights Settlement Act of 2014 (Public Law 113– 10 223; 128 Stat. 2096). 11 (7) BILL WILLIAMS AGREEMENTS.—The term 12 ‘‘Bill Williams agreements’’ means the Amended and 13 Restated Big Sandy River-Planet Ranch Water 14 Rights Settlement Agreement and the Amended and 15 Restated Hualapai Tribe Bill Williams River Water 16 Rights Settlement Agreement, including all exhibits 17 to each agreement, copies of which (excluding exhib- 18 its) are attached to the Hualapai Tribe water rights 19 settlement agreement as Exhibit 3.1.11. 20 (8) BILL WILLIAMS RIVER PHASE 2 WATER 21 RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 22 Williams River phase 2 water rights settlement 23 agreement’’ means the agreement of that name that 24 is attached to, and incorporated in, the Hualapai 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1277 IS Tribe water rights settlement agreement as Exhibit 1 4.3.3. 2 (9) CAP CONTRACT.—The term ‘‘CAP con- 3 tract’’ means a long-term contract (as defined in the 4 CAP repayment stipulation) with the United States 5 for delivery of CAP water through the CAP system. 6 (10) CAP CONTRACTOR.— 7 (A) IN GENERAL.—The term ‘‘CAP con- 8 tractor’’ means a person that has entered into 9 a CAP contract. 10 (B) INCLUSION.—The term ‘‘CAP con- 11 tractor’’ includes the Hualapai Tribe. 12 (11) CAP FIXED OM&R CHARGE.—The term 13 ‘‘CAP fixed OM&R charge’’ has the meaning given 14 the term ‘‘Fixed OM&R Charge’’ in the CAP repay- 15 ment stipulation. 16 (12) CAP M&I PRIORITY WATER.—The term 17 ‘‘CAP M&I priority water’’ means the CAP water 18 that has a municipal and industrial delivery priority 19 under the CAP repayment contract. 20 (13) CAP NIA PRIORITY WATER.—The term 21 ‘‘CAP NIA priority water’’ means the CAP water 22 deliverable under a CAP contract or a CAP sub- 23 contract providing for the delivery of non-Indian ag- 24 ricultural priority water. 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1277 IS (14) CAP OPERATING AGENCY.—The term 1 ‘‘CAP operating agency’’ means— 2 (A) the one or more entities authorized to 3 assume responsibility for the care, operation, 4 maintenance, and replacement of the CAP sys- 5 tem; and 6 (B) as of the date of enactment of this 7 Act, the Central Arizona Water Conservation 8 District. 9 (15) CAP PUMPING ENERGY CHARGE.—The 10 term ‘‘CAP pumping energy charge’’ has the mean- 11 ing given the term ‘‘Pumping Energy Charge’’ in the 12 CAP repayment stipulation. 13 (16) CAP REPAYMENT CONTRACT.—The term 14 ‘‘CAP repayment contract’’ means— 15 (A) the contract entitled ‘‘Contract be- 16 tween the United States and CAWCD for Deliv- 17 ery of Water and Repayment of Costs of the 18 CAP’’, numbered 14–06–W–245 (Amendment 19 No. 1), and dated December 1, 1988; and 20 (B) any amendment to, or revision of, that 21 contract. 22 (17) CAP REPAYMENT STIPULATION.—The 23 term ‘‘CAP repayment stipulation’’ means the Stipu- 24 lated Judgment and the Stipulation for Judgment, 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1277 IS including any exhibits to those documents, entered 1 on November 21, 2007, in the United States District 2 Court for the District of Arizona in the consolidated 3 civil action Central Arizona Water Conservation Dis- 4 trict v. United States, numbered CIV 95–625–TUC– 5 WDB (EHC) and CIV 95–1720–PHX–EHC. 6 (18) CAP SUBCONTRACT.—The term ‘‘CAP 7 subcontract’’ means a long-term subcontract (as de- 8 fined in the CAP repayment stipulation) with the 9 United States and the Central Arizona Water Con- 10 servation District for the delivery of CAP water 11 through the CAP system. 12 (19) CAP SUBCONTRACTOR.—The term ‘‘CAP 13 subcontractor’’ means a person that has entered into 14 a CAP subcontract. 15 (20) CAP SYSTEM.—The term ‘‘CAP system’’ 16 means— 17 (A) the Mark Wilmer Pumping Plant; 18 (B) the Hayden-Rhodes Aqueduct; 19 (C) the Fannin-McFarland Aqueduct; 20 (D) the Tucson Aqueduct; 21 (E) any pumping plant or appurtenant 22 work of a feature described in subparagraph 23 (A), (B), (C), or (D); and 24 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1277 IS (F) any extension of, addition to, or re- 1 placement for a feature described in subpara- 2 graph (A), (B), (C), (D), or (E). 3 (21) CAP WATER.—The term ‘‘CAP water’’ has 4 the meaning given the term ‘‘Project Water’’ in the 5 CAP repayment stipulation. 6 (22) CENTRAL ARIZONA PROJECT.—The term 7 ‘‘Central Arizona Project’’ means the reclamation 8 project authorized and constructed by the United 9 States in accordance with title III of the Colorado 10 River Basin Project Act (43 U.S.C. 1521 et seq.). 11 (23) CENTRAL ARIZONA WATER CONSERVATION 12 DISTRICT.—The term ‘‘Central Arizona Water Con- 13 servation District’’ means the political subdivision of 14 the State that is the contractor under the CAP re- 15 payment contract. 16 (24) COLORADO RIVER COMPACT.—The term 17 ‘‘Colorado River Compact’’ means the Colorado 18 River Compact of 1922, as ratified and reprinted in 19 article 2 of chapter 7 of title 45, Arizona Revised 20 Statutes. 21 (25) COLORADO RIVER WATER.—The term 22 ‘‘Colorado River water’’ means the water of the Col- 23 orado River within the United States, including— 24 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1277 IS (A) the water of reservoirs on the Colorado 1 River within the United States; 2 (B) the water of all tributaries to the Colo- 3 rado River within the United States, other than 4 tributaries located within the State; 5 (C) the water beneath the surface of the 6 Earth that is hydraulically connected to the 7 Colorado River within the United States; and 8 (D) all water beneath the surface of the 9 Earth that is hydraulically connected to tribu- 10 taries to the Colorado River within the United 11 States, other than tributaries located within the 12 State. 13 (26) COLORADO RIVER WATER ENTITLE- 14 MENT.— 15 (A) IN GENERAL.—The term ‘‘Colorado 16 River water entitlement’’ means the right or au- 17 thorization to use Colorado River water in the 18 State. 19 (B) EXCLUSION.—The term ‘‘Colorado 20 River water entitlement’’ does not include the 21 right of the Hualapai Tribe to use Hualapai 22 Tribe CAP water in accordance with the 23 Hualapai Tribe water delivery contract. 24 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1277 IS (27) COMMISSIONER.—The term ‘‘Commis- 1 sioner’’ means the Commissioner of Reclamation. 2 (28) DIVERSION.—The term ‘‘diversion’’ means 3 an act to divert. 4 (29) DIVERT.—The term ‘‘divert’’ means the 5 receipt, withdrawal, development, production, or cap- 6 ture of water using a ditch, canal, flume, bypass, 7 pipeline, pit, collection or infiltration gallery, con- 8 duit, well, pump, turnout, dam, or any other me- 9 chanical device, or any other act of man. 10 (30) EFFLUENT.—The term ‘‘effluent’’ means 11 water that— 12 (A) has been used in the State for domes- 13 tic, municipal, or industrial purposes, other 14 than solely for hydropower generation; and 15 (B) is available for reuse for any purpose, 16 whether or not the water has been treated to 17 improve the quality of the water. 18 (31) ENFORCEABILITY DATE.—The term ‘‘en- 19 forceability date’’ means the date described in sec- 20 tion 12(a). 21 (32) EXCHANGE.—The term ‘‘exchange’’ means 22 a trade between one or more persons of any water 23 for any other water, if each person has a right or 24 claim to use the water the person provides in the 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1277 IS trade, regardless of whether the water is traded in 1 equal amounts or other consideration is included in 2 the trade. 3 (33) FOURTH PRIORITY WATER.—The term 4 ‘‘fourth priority water’’ means Colorado River water 5 that is available for delivery in the State for the sat- 6 isfaction of entitlements— 7 (A) in accordance with contracts, Secre- 8 tarial reservations, perfected rights, and other 9 arrangements between the United States and 10 water users in the State entered into or estab- 11 lished more recently than September 30, 1968, 12 for use on Federal, State, or privately owned 13 land in the State, in a total quantity not great- 14 er than 164,652 AFY of diversions; and 15 (B) after first providing for the delivery of 16 Colorado River water for the CAP system, in- 17 cluding for use on Indian land, under section 18 304(e) of the Colorado River Basin Project Act 19 (43 U.S.C. 1524(e)), in accordance with the 20 CAP repayment contract. 21 (34) FREEPORT.— 22 (A) IN GENERAL.—The term ‘‘Freeport’’ 23 means the Delaware corporation named ‘‘Free- 24 port Minerals Corporation’’. 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1277 IS (B) INCLUSIONS.—The term ‘‘Freeport’’ 1 includes all subsidiaries, affiliates, successors, 2 and assigns of Freeport, including Byner Cattle 3 Company, a Nevada corporation. 4 (35) GILA RIVER ADJUDICATION.—The term 5 ‘‘Gila River adjudication’’ means the action pending 6 in the Superior Court of the State, in and for the 7 County of Maricopa, In Re the General Adjudication 8 of All Rights To Use Water In The Gila River Sys- 9 tem and Source, W–1 (Salt), W–2 (Verde), W–3 10 (Upper Gila), W–4 (San Pedro) (Consolidated). 11 (36) GILA RIVER ADJUDICATION COURT.—The 12 term ‘‘Gila River adjudication court’’ means the Su- 13 perior Court of the State, in and for the County of 14 Maricopa, exercising jurisdiction over the Gila River 15 adjudication. 16 (37) GILA RIVER ADJUDICATION DECREE.—The 17 term ‘‘Gila River adjudication decree’’ means the 18 judgment or decree entered by the Gila River adju- 19 dication court in substantially the same form as the 20 form of judgment attached to the Hualapai Tribe 21 water rights settlement agreement as Exhibit 3.1.43. 22 (38) GROUNDWATER.—The term ‘‘ground- 23 water’’ means all water beneath the surface of the 24 Earth within the State that is not— 25 VerDate Sep 11 2014 21:32 May 03, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1277.IS S1277 pamtmann on DSKBFK8HB2PROD with BILLS 1 [Text truncated for display. 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