[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4633 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4633
To provide for the settlement of the water rights claims of the Navajo
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2024
Mr. Kelly (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To provide for the settlement of the water rights claims of the Navajo
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, 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 ``Northeastern
Arizona Indian Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification and execution of the Northeastern Arizona Indian
Water Rights Settlement Agreement.
Sec. 5. Water Rights.
Sec. 6. Allocation and assignment of Colorado River Water to the
Tribes; water delivery contracts.
Sec. 7. Colorado River Water leases and exchanges; Uses.
Sec. 8. iina ba - paa tuwaqat'si pipeline.
Sec. 9. iina ba - paa tuwaqat'si pipeline Implementation Fund Account.
Sec. 10. Navajo Nation Water Settlement Trust Fund.
Sec. 11. Hopi Tribe Settlement Trust Fund.
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund.
Sec. 13. Funding.
Sec. 14. Waivers, releases, and retention of claims.
Sec. 15. Satisfaction of Water Rights and other benefits.
Sec. 16. Enforceability Date.
Sec. 17. Colorado River accounting.
Sec. 18. Limited waiver of sovereign immunity.
Sec. 19. Ratification of the Treaty and creation of the San Juan
Southern Paiute Reservation.
Sec. 20. Antideficiency; savings provisions; effect.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims to rights to water in the State for--
(A) the Navajo Nation and Navajo Allottees;
(B) the Hopi Tribe and Hopi Allottees;
(C) the San Juan Southern Paiute Tribe; and
(D) the United States, acting as trustee for the
Navajo Nation, the Hopi Tribe, the San Juan Southern
Paiute Tribe, Navajo Allottees, and Hopi Allottees;
(2) to authorize, ratify, and confirm the Northeastern
Arizona Indian Water Rights Settlement Agreement entered into
by the Navajo Nation, the Hopi Tribe, the San Juan Southern
Paiute Tribe, the State, and other Parties to the extent that
the Settlement Agreement is consistent with this Act;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Settlement Agreement and this Act; and
(4) to authorize funds necessary for the implementation of
the Settlement Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) 1882 reservation.--The term ``1882 Reservation''
means--
(A) land within the exterior boundaries of the
``Hopi Indian Reservation'' defined as District 6 in
Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz.
1962), aff'd, 373 U.S. 758 (1963), and Masayesva for
and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d
1371, 1375-76 (9th Cir. 1997); and
(B) all land withdrawn by the Executive order of
December 16, 1882, and partitioned to the Hopi Tribe in
accordance with section 4 of the Act of December 22,
1974 (Public Law 93-531; 88 Stat. 1713), by Judgment of
Partition, February 10, 1977, Sekaquaptewa v.
MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd,
626 F.2d 113 (9th Cir. 1980).
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Arizona department of water resources.--The term
``Arizona Department of Water Resources'' means the agency of
the State established pursuant to section 45-102 of the Arizona
Revised Statutes, or a successor agency or entity.
(4) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(5) CAP; central arizona project.--The terms ``CAP'' and
``Central Arizona Project'' mean the Federal reclamation
project authorized and constructed by the United States in
accordance with title III of the Colorado River Basin Project
Act (43 U.S.C. 1521 et seq.).
(6) Cap repayment contract.--The term ``CAP Repayment
Contract'' means--
(A) the contract dated December 1, 1988 (Contract
No. 14-06-W-245, Amendment No. 1), between the United
States and the Central Arizona Water Conservation
District for the delivery of water and the repayment of
costs of the Central Arizona Project; and
(B) any amendment to, or revision of, that
contract.
(7) CAWCD; central arizona water conservation district.--
The terms ``CAWCD'' and ``Central Arizona Water Conservation
District'' mean the political subdivision of the State that is
the contractor under the CAP Repayment Contract.
(8) Cibola water.--The term ``Cibola Water'' means the
entitlement of the Hopi Tribe to the diversion of up to 4,278
AFY of the Fourth Priority Water described in the Hopi Tribe
Existing Cibola Contract.
(9) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922, as ratified
and reprinted in article 2 of chapter 7 of title 45, Arizona
Revised Statutes.
(10) Colorado river system.--The term ``Colorado River
System'' has the meaning given the term in Article II(a) of the
Colorado River Compact.
(11) Colorado river water.--
(A) In general.--The term ``Colorado River Water''
means the waters of the Colorado River apportioned for
Use within the State by--
(i) sections 4 and 5 of the Boulder Canyon
Project Act (43 U.S.C. 617c, 617d);
(ii) the Upper Colorado River Basin Compact
of 1948, as ratified and reprinted in article 3
of chapter 7 of title 45, Arizona Revised
Statutes;
(iii) the Colorado River Basin Project Act
(43 U.S.C. 1501 et seq.);
(iv) the contract for delivery of water
between the United States and the State, dated
February 9, 1944; and
(v) the Decree.
(B) Limitations.--The term ``Colorado River
Water''--
(i) shall only be used for purposes of
interpreting the Settlement Agreement and this
Act; and
(ii) shall not be used for any
interpretation of existing law or contract,
including any law or contract described in
clauses (i) through (v) of subparagraph (A).
(12) Decree.--The term ``Decree'', when used without a
modifier, means--
(A) the decree of the Supreme Court of the United
States in Arizona v. California, 376 U.S. 340 (1964);
(B) the consolidated decree entered on March 27,
2006, in Arizona v. California, 547 U.S. 150 (2006);
and
(C) any modification to a decree described in
subparagraph (A) or (B).
(13) Diversion.--The term ``diversion'' means an act to
divert.
(14) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit,
collection or infiltration gallery, conduit, well,
pump, turnout, dam, or any other mechanical device; or
(B) any other human act.
(15) Effective date.--The term ``Effective Date'' means the
date as of which the Settlement Agreement has been executed by
not fewer than 30 of the Parties, including--
(A) the Navajo Nation;
(B) the Hopi Tribe;
(C) the San Juan Southern Paiute Tribe;
(D) the State;
(E) the Arizona State Land Department;
(F) the Central Arizona Water Conservation
District;
(G) the Salt River Project Agricultural Improvement
and Power District; and
(H) the Salt River Valley Water Users' Association.
(16) Effluent.--The term ``Effluent'' means water that--
(A) has been used in the State for domestic,
municipal, or industrial purposes, other than solely
for hydropower generation; and
(B) is available for reuse for any purpose,
regardless of whether the water has been treated to
improve the quality of the water.
(17) Enforceability date.--The term ``Enforceability Date''
means the date described in section 16(a).
(18) Fifth priority water.--The term ``Fifth Priority
Water'' has the meaning given the term in the Hopi Tribe
Existing Cibola Contract.
(19) Fourth priority water.--The term ``Fourth Priority
Water'' means Colorado River Water available for delivery
within the State for satisfaction of entitlements--
(A) in accordance with contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established after September 30, 1968,
for Use on Federal, State, or privately owned land in
the State, in a total quantity not greater than 164,652
AFY of diversions; and
(B) after first providing for the delivery of
Colorado River Water for the CAP System, including for
Use on Indian land, under section 304(e) of the
Colorado River Basin Project Act (43 U.S.C. 1524(e)),
in accordance with the CAP Repayment Contract.
(20) Gila river adjudication.--The term ``Gila River
Adjudication'' means the action pending in the Superior Court
of the State, in and for the County of Maricopa, In re the
General Adjudication of All Rights To Use Water in The Gila
River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper
Gila), W-4 (San Pedro) (Consolidated).
(21) Gila river adjudication court.--The term ``Gila River
Adjudication Court'' means the Superior Court of the State, in
and for the County of Maricopa, exercising jurisdiction over
the Gila River Adjudication.
(22) Gila river adjudication decree.--The term ``Gila River
Adjudication Decree'' means the judgment or decree entered by
the Gila River Adjudication Court in substantially the same
form as the form of judgment attached as Exhibit 3.1.47 to the
Settlement Agreement.
(23) Groundwater.--The term ``Groundwater'' means all water
beneath the surface of the earth within the State that is not--
(A) Surface Water;
(B) Colorado River Water; or
(C) Effluent.
(24) Hopi allotment.--The term ``Hopi Allotment'' means any
of the 11 parcels allotted pursuant to section 4 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334),
that are--
(A) located within the exterior boundaries of the
Hopi Reservation; and
(B) held in trust by the United States for the
benefit of 1 or more individual Indians under allotment
record numbers AR-39, AR-40, AR-41, AR-42, AR-43, AR-
44, AR-45, AR-46, AR-47, AR-48, and AR-49.
(25) Hopi allottee.--The term ``Hopi Allottee'' means--
(A) an individual Indian holding a beneficial
interest in a Hopi Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in a Hopi Allotment.
(26) Hopi fee land.--The term ``Hopi Fee Land'' means land,
other than Hopi Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hopi Reservation; and
(C) as of the Enforceability Date, is owned by the
Hopi Tribe in its own name or through an entity wholly
owned or controlled by the Hopi Tribe.
(27) Hopi land.--The term ``Hopi Land'' means--
(A) the Hopi Reservation;
(B) Hopi Trust Land; and
(C) Hopi Fee Land.
(28) Hopi reservation.--
(A) In general.--The term ``Hopi Reservation''
means--
(i) land within the exterior boundaries of
the ``Hopi Indian Reservation'' defined as
District 6 in Healing v. Jones, 210 F. Supp.
125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758
(1963), and Masayesva for and on Behalf of Hopi
Indian Tribe v. Hale, 118 F.3d 1371, 1375-76
(9th Cir. 1997);
(ii) land withdrawn by the Executive Order
of December 16, 1882, and partitioned to the
Hopi Tribe in accordance with the Act of
December 22, 1974 (Public Law 93-531; 88 Stat.
1713), by Judgment of Partition, February 10,
1977, Sekaquaptewa v. MacDonald, Case No. CIV-
579-PCT-JAW (D. Ariz.), aff'd, 626 F.2d 113
(9th Cir. 1980); and
(iii) land recognized as part of the Hopi
Reservation in Honyoama v. Shirley, Jr., Case
No. CIV 74-842-PHX-EHC (D. Ariz. 2006).
(B) Map.--Subject to subparagraph (C), the
descriptions of the Hopi Reservation described in
clauses (i) through (iii) of subparagraph (A) are
generally shown on the map attached as Exhibit 3.1.56
to the Settlement Agreement.
(C) Conflict.--In the case of a conflict between
the definition in subparagraph (A) and Exhibit 3.1.56
of the Settlement Agreement, the definition in that
subparagraph shall control.
(29) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi
Tribe, a tribe of Hopi Indians--
(A) organized under section 16 of the Act of June
18, 1934 (commonly known as the ``Indian Reorganization
Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 5123); and
(B) recognized by the Secretary in the notice of
the Secretary entitled ``Indian Entities Recognized by
and Eligible To Receive Services From the United States
Bureau of Indian Affairs'' (89 Fed. Reg. 944 (January
8, 2024)).
(30) Hopi tribe agricultural conservation trust fund
account.--The term ``Hopi Tribe Agricultural Conservation Trust
Fund Account'' means the account--
(A) established under to section 11(b)(3); and
(B) described in subparagraph 12.3.3 of the
Settlement Agreement.
(31) Hopi tribe cibola water.--The term ``Hopi Tribe Cibola
Water'' means the Fourth Priority Water, Fifth Priority Water,
and Sixth Priority Water to which the Hopi Tribe is entitled
pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement
Agreement.
(32) Hopi tribe existing cibola contract.--The term ``Hopi
Tribe Existing Cibola Contract'' means Contract No. 04-XX-30-
W0432 between the United States and the Hopi Tribe, as amended
and in full force and effect as of the Effective Date.
(33) Hopi tribe groundwater projects.--The term ``Hopi
Tribe Groundwater Projects'' means the projects described in--
(A) section 11(f)(1); and
(B) subparagraph 12.3.1 of the Settlement
Agreement.
(34) Hopi tribe groundwater projects trust fund account.--
The term ``Hopi Tribe Groundwater Projects Trust Fund Account''
means the account--
(A) established under section 11(b)(1); and
(B) described in subparagraph 12.3.1 of the
Settlement Agreement.
(35) Hopi tribe lower basin colorado river water
acquisition trust fund account.--The term ``Hopi Tribe Lower
Basin Colorado River Water Acquisition Trust Fund Account''
means the account--
(A) established under section 11(b)(4); and
(B) described in subparagraph 12.3.4 of the
Settlement Agreement.
(36) Hopi tribe om&r trust fund account.--The term ``Hopi
Tribe OM&R Trust Fund Account'' means the account--
(A) established under section 11(b)(2); and
(B) described in subparagraph 12.3.2 of the
Settlement Agreement.
(37) Hopi tribe upper basin colorado river water.--The term
``Hopi Tribe Upper Basin Colorado River Water'' means the 2,300
AFY of Upper Basin Colorado River Water allocated to the Hopi
Tribe--
(A) pursuant to section 6; and
(B) as provided in subparagraphs 5.7 and 11.1.1 of
the Settlement Agreement.
(38) Hopi tribe water delivery contract.--The term ``Hopi
Tribe Water Delivery Contract'' means 1 or more c