[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4705 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4705
To approve the settlement of water rights claims of the Yavapai-Apache
Nation 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
July 11 (legislative day, July 10), 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 approve the settlement of water rights claims of the Yavapai-Apache
Nation in the State of Arizona, to authorize construction of a water
project relating to those water rights claims, 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 ``Yavapai-Apache
Nation Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT
Sec. 101. Ratification and execution of the Yavapai-Apache Nation Water
Rights Settlement Agreement.
Sec. 102. Water rights.
Sec. 103. Tu nl[[nichoh Water Infrastructure Project.
Sec. 104. Tu nl[[nichoh Water Infrastructure Project Fund.
Sec. 105. Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 106. Gaging station.
Sec. 107. Funding.
Sec. 108. Waivers, releases and retentions of claims.
Sec. 109. Satisfaction of water rights and other benefits; effect on
members of the Yavapai-Apache Nation and
Dinah Hood Allotment.
Sec. 110. Trust land.
Sec. 111. Yavapai-Apache Nation Cap Water.
Sec. 112. Enforceability date.
Sec. 113. Administration.
Sec. 114. Miscellaneous.
TITLE II--YAVAPAI-APACHE LAND EXCHANGE
Sec. 201. Yavapai-Apache land exchange.
Sec. 202. Town of Camp Verde and Forest Service.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to
water, including damages claims related to water, in the State,
including in the Verde River Watershed and the Colorado River,
of--
(A) the Yavapai-Apache Nation, on behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the
Members as Allottees);
(B) the United States, acting as trustee for the
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the
Members as Allottees);
(2) to authorize, ratify, and confirm the Yavapai-Apache
Nation Water Rights Settlement Agreement, to the extent that
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
Yavapai-Apache Nation Water Rights Settlement Agreement and
this Act;
(4) to authorize the appropriation of funds necessary to
carry out the Yavapai-Apache Nation Water Rights Settlement
Agreement and this Act; and
(5) to recognize the important cultural, traditional and
religious value of the Verde River to the Yavepe (Yavapai) who
know the Verde River as Hatayakehela (``big river''), and to
the Dilzhef (Apache) who know the Verde River as Tu nl[[nichoh
(``big water flowing''), and to protect the existing flows of
the Verde River, including flood flows, as described in the
Agreement and this Act, on the Yavapai-Apache Reservation, now
and in the future.
SEC. 3. DEFINITIONS.
In this Act:
(1) Afy.--The term ``AFY'' means acre-feet per Year.
(2) Agreement.--The term ``Agreement'' means (A) the
Yavapai-Apache Nation Water Rights Settlement Agreement dated
June 26, 2024; and (B) any amendment or exhibit (including
exhibit amendments) to the Agreement that are (i) made in
accordance with the Act, or (ii) otherwise approved by the
Secretary and the Parties to the Agreement.
(3) Allottee.--The term ``Allottee'' means (A) an
individual Indian holding an undivided fractional beneficial
interest in the Dinah Hood Allotment; or (B) an Indian Tribe
holding an undivided fractional beneficial interest in the
Dinah Hood Allotment.
(4) Arizona water banking authority.--The term ``Arizona
Water Banking Authority'' means the Arizona Water Banking
Authority, formed pursuant to A.R.S. Sec. Sec. 45-2401 et seq.
(5) Available cap supply.--The term ``Available CAP
Supply'' means for any Year (A) all Fourth Priority River Water
available for delivery through the CAP; (B) water available
from CAP dams and reservoirs other than the Modified Roosevelt
Dam; and (C) return flows captured by the Secretary for CAP
use.
(6) Bureau of reclamation.--The term ``Bureau of
Reclamation'' means the United States Bureau of Reclamation.
(7) Cap or central arizona project.--The term ``CAP'' or
``Central Arizona Project'' means the 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. Sec. 1521 et seq.).
(8) Cap contract.--The term ``CAP Contract'' means a long-
term contract (as defined in the CAP Repayment Stipulation)
with the United States for delivery of CAP Water through the
CAP System.
(9) Cap contractor.--
(A) In general.--The term ``CAP Contractor'' means
a person or entity that has entered into a CAP
Contract.
(B) Inclusion.--The term ``CAP Contractor''
includes the Yavapai-Apache Nation.
(10) Cap fixed om&r charge.--The term ``CAP Fixed OM&R
Charge'' has the meaning given the term ``Fixed OM&R Charge''
in the CAP Repayment Stipulation.
(11) Cap indian priority water.--The term ``CAP Indian
Priority Water'' means water within the Available CAP Supply
having an Indian delivery priority.
(12) Cap operating agency.--The term ``CAP Operating
Agency'' means--
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance and
replacement of the CAP System; and
(B) as of the date of enactment of this Act, is
CAWCD.
(13) Cap pumping energy charge.--The term ``CAP Pumping
Energy Charge'' means the term ``Pumping Energy Charge'' in the
CAP Repayment Stipulation.
(14) 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 Repayment of
Costs of the CAP; and
(B) any amendment to, or revision of, that
contract.
(15) Cap repayment stipulation.--The term ``CAP Repayment
Stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment, including any exhibits to those documents,
entered on November 21, 2007, in the United States District
Court for the District of Arizona in the consolidated civil
action Central Arizona Water Conservation District v. United
States, et al., numbered CIV 95-625-TUC-WDB-EHC and CIV 95-
1720-PHX-EHC.
(16) CAPSA.--The term ``CAPSA'' means the Central Arizona
Project Settlement Act of 2004, Title I of the Arizona Water
Settlements Act, P.L. 108-451, 118 Stat. 3478 (2004).
(17) Cap subcontract.--The term ``CAP Subcontract'' means a
long-term subcontract (as defined in the CAP Repayment
Stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP System.
(18) Cap subcontrator.--The term ``CAP Subcontractor''
means a person or entity that has entered into a CAP
Subcontract.
(19) Cap system.--The term ``CAP System'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a
feature described in (A), (B), (C), or (D); and
(F) any extension of, addition to, or replacement
of a feature described in Subparagraph (A), (B), (C),
(D), or (E).
(20) Cap system use agreement.--The term ``CAP System Use
Agreement'' means that certain Central Arizona Project System
Use Agreement dated February 2, 2017, between the United States
of America and the Central Arizona Water Conservation District.
(21) Cap water.--The term ``CAP Water'' has the meaning
given the term ``Project Water'' in the CAP Repayment
Stipulation.
(22) Cawcd.--The term ``CAWCD'' means the political
subdivision of the State that is the contractor under the CAP
Repayment Contract and is the CAP Operating Agency as of the
date of enactment of the Act.
(23) C.c. cragin dam and reservoir.--
(A) In general.--The term ``C.C. Cragin Dam and
Reservoir'' means--
(i) the C.C. Cragin Dam and Reservoir
located on East Clear Creek in Coconino County,
Arizona, owned by the United States and
operated by the Salt River Project Agricultural
Improvement and Power District;
(ii) associated facilities located in Gila
and Coconino Counties, Arizona, including
pipelines, tunnels, buildings, hydroelectric
generating facilities and other structures of
every kind; transmission, telephone and fiber
optic lines; pumps, machinery, tools and
appliances; and
(iii) all real or personal property,
appurtenant to or used, or constructed or
otherwise acquired to be used, in connection
with the C.C. Cragin Dam and Reservoir.
(B) Exclusion.--The term ``C.C. Cragin Dam and
Reservoir'' does not include the Cragin-Verde Pipeline
Project.
(24) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(25) Cragin capital costs.--The term ``Cragin Capital
Costs'' means all costs incurred by SRP for the acquisition and
improvement of land, facilities, equipment, and inventories
related to the C.C. Cragin Dam and Reservoir, which shall
include: labor, overhead, materials, supplies, spare parts,
equipment purchase and rental, and transportation. Prior to May
1, 2009, all expenses incurred by SRP are accrued as Cragin
Capital Costs excluding capital costs of the SRP-Cragin Pumping
System.
(26) Cragin o&m costs.--The term ``Cragin O&M Costs'' means
all costs incurred by SRP for the operation and maintenance of
all C.C. Cragin facilities, except for those costs defined as
Cragin Capital Costs. Such costs shall include costs for the
following items: insurance, inspections, permits, taxes, fees,
licenses, contract services, legal services, accounting,
travel, environmental compliance, repairs, testing, labor,
salaries, overhead, materials, supplies, expenses, equipment,
vehicles, energy, fuel, and any cost borne by SRP prior to the
assumption of care, operation, and maintenance of the Cragin-
Verde Pipeline Project by SRP from the United States pursuant
to the 1917 Agreement, excluding O&M Costs and A&G Costs of
SRP-Cragin Pumping System as defined in the YAN-SRP Water
Delivery and Use Agreement.
(27) Cragin-verde pipeline project.--The term ``Cragin-
Verde Pipeline Project'' means the water infrastructure project
under the Tu nl[[nichoh Water Infrastructure Project, as
described in section 103(b) of this Act, which will deliver
water from the C.C. Cragin Dam and Reservoir to the Yavapai-
Apache Nation, and to other beneficiaries in accordance with
section 114(a) of this Act.
(28) Cap/srp interconnection facility.--The term ``CAP/SRP
Interconnection Facility'' means the interconnection facility
that connects the Hayden-Rhodes Aqueduct of the CAP System to
SRP's water delivery system.
(29) Date of substantial completion.--The term ``Date of
Substantial Completion'' means the date described in section
103(d).
(30) Depletion or deplete.--The term ``Depletion'' or
``Deplete'' means the amount of Water Diverted less return
flows to the Verde River Watershed.
(31) Dinah hood allotment.--The term ``Dinah Hood
Allotment'' means the tract of land allotted pursuant to
Section 4 of the General Allotment Act of 1887, 24 Stat. 389,
ch. 119 (formerly codified at 25 U.S.C. Sec. 334) that is held
in trust by the United States for the benefit of Allottees
under patent number 926562, as described and depicted in
Exhibit 2.37 to the Agreement.
(32) Diversion.--The term ``Diversion'' means an act to
Divert.
(33) Divert or diverting.--The term ``Divert'' or
``Diverting'' means to receive, withdraw or develop and produce
or capture Water (A) using a ditch, canal, flume, bypass,
pipeline, pit, collection or infiltration gallery, conduit,
well, pump, turnout, dam, or any other mechanical device; or
(B) by any other human act.
(34) Domestic use.--The term ``Domestic Use'' means, for
purposes of Paragraph 13.0 of the Agreement and section 108 of
this Act, a Use of Water serving a residence, or multiple
residences up to a maximum of three residential connections,
for household purposes with associated irrigation of lawns,
gardens or landscape in an amount of not more than one-half
acre per residence. Domestic Use does not include the Use of
Water delivered to a residence or multiple residences by a
city, town, private water company, irrigation provider or
special taxing district established pursuant to Title 48,
Arizona Revised Statutes.
(35) Effective date.--The term ``Effective Date'' means the
date that the Agreement is signed by all of the Parties, other
than the United States.
(36) 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 in
accordance with applicable law and the Agreement, regardless of
whether the water has been treated to improve the quality of
the water.
(37) Enforceability date.--The term ``Enforceability Date''
means the date described in section 112.
(38) Exchange.--The term ``Exchange'' means a trade between
1 or more persons or entities, of any water for any other
water, if each person or entity has a right or claim to use the
water the person or entity provides in the trade, regardless of
whether the water is traded in equal quantities or other
consideration is included in the trade.
(39) Federal land.--The term ``Federal Land'' means the
land described in section 201(a)(5).
(40) Forest service.--The term ``Forest Service'' means the
United States Forest Service.
(41) 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 subsequent
to September 30, 1968, for use on Federal, State, or privately
owned lands in the State, in a total quantity not to exceed
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.
(42) Gila river adjudication proceedings.--The term ``Gila
River Adjudication Proceedings'' 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).
(43) 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 Proceedings.
(44) Groundwater.--The term ``Groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) Surface Water; (B) Effluent; or (C) Colorado River Water.
(45) Impoundment.--The term ``Impoundment'' means any
human-made permanent body of water on the surface of the Earth,
including Stockponds, lakes, Effluent ponds, open-air water
storage tanks, irrigation ponds, and gravel pits. For purposes
of the Agreement and this Act, the term Impoundment does not
include recharge basins or swimming pools.
(46) Indian tribe.--The term ``Indian Tribe'' shall have
the meaning given the term in section 4 of the Indian Self-