[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3617 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3617
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
January 13, 2026
Mr. Kelly (for himself and Mr. Gallego) 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 2026''.
(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 Yavapai-Apache Nation Water
Rights Settlement Agreement.
Sec. 5. Water rights.
Sec. 6. Tu nl[[nichoh Water Infrastructure Project.
Sec. 7. Tu nl[[nichoh Water Infrastructure Project Fund.
Sec. 8. Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 9. Gaging station.
Sec. 10. Funding.
Sec. 11. Waivers, releases, and retentions of claims.
Sec. 12. Satisfaction of water rights and other benefits; effect on
members of the Yavapai-Apache Nation and
Dinah Hood Allotment.
Sec. 13. Trust land.
Sec. 14. Yavapai-Apache Nation CAP Water.
Sec. 15. Enforceability Date.
Sec. 16. Administration.
Sec. 17. Miscellaneous.
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); and
(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
Agreement and this Act;
(4) to authorize the appropriation of funds necessary to
carry out the 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
Dilzh*'e (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) Available cap supply.--The term ``Available CAP
Supply'', for any Year, means--
(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.
(5) CAP; 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. 1521 et seq.).
(6) 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.
(7) 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.
(8) CAP indian priority water.--The term ``CAP Indian
Priority Water'' means water within the Available CAP Supply
having an Indian delivery priority.
(9) 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, the
CAWCD.
(10) CAP pumping energy charge.--The term ``CAP Pumping
Energy Charge'' has the meaning given the term ``Pumping Energy
Charge'' in the CAP Repayment Stipulation.
(11) 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.
(12) 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.
(13) 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 subparagraph (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).
(14) CAP water.--The term ``CAP Water'' has the meaning
given the term ``Project Water'' in the CAP Repayment
Stipulation.
(15) CAWCD.--The term ``CAWCD'' means the political
subdivision of the State that is--
(A) the contractor under the CAP Repayment
Contract; and
(B) as of the date of enactment of the Act, the CAP
Operating Agency.
(16) 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, including transmission, telephone
and fiber optic lines and 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 dam and reservoir and associated
facilities described in clauses (i) and (ii).
(B) Exclusion.--The term ``C.C. Cragin Dam and
Reservoir'' does not include the Cragin-Verde Pipeline
Project.
(17) 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 title 45,
chapter 7, article 3 of the 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 of the Supreme Court of the
United States in Arizona v. California, 376
U.S. 340 (1964), the Consolidated Decree
entered on March 27, 2006, in that case (547
U.S. 150), and any modifications thereof.
(B) Limitations.--The term ``Colorado River
Water''--
(i) shall only be used for purposes of
interpreting the Agreement and this Act; and
(ii) shall not be used for any
interpretation of existing law, contract, or
decree, including any law, contract, or decree
described in clauses (i) through (v) of
subparagraph (A).
(18) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(19) Cragin capital costs.--
(A) In general.--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.
(B) Inclusions.--The term ``Cragin Capital Costs''
includes all costs for labor, overhead, materials,
supplies, spare parts, equipment purchase and rental,
and transportation.
(C) Clarification.--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.
(20) Cragin o&m costs.--
(A) In general.--The term ``Cragin O&M Costs''
means all costs incurred by SRP for the operation and
maintenance of all C.C. Cragin Dam and Reservoir
facilities.
(B) Inclusions.--The term ``Cragin O&M Costs''
includes--
(i) costs for 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, and
fuel; and
(ii) 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 contract
between the United States and the Salt River
Valley Water Users' Association dated September
6, 1917, as amended.
(C) Exclusions.--The term ``Cragin O&M Costs'' does
not include--
(i) Cragin Capital Costs; or
(ii) O&M Costs and administrative and
general costs of the SRP-Cragin Pumping System
(as defined in the YAN-SRP Water Delivery and
Use Agreement).
(21) 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 6(b), which will deliver water from the
C.C. Cragin Dam and Reservoir to the Yavapai-Apache Nation, and
to other beneficiaries in accordance with the amendments made
by section 17(a).
(22) Date of substantial completion.--The term ``Date of
Substantial Completion'' means the date described in section
6(d).
(23) Depletion; deplete.--The terms ``Depletion'' and
``Deplete'' mean the amount of Water Diverted less return flows
to the Verde River Watershed.
(24) Dinah hood allotment.--The term ``Dinah Hood
Allotment'' means the tract of land 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 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.
(25) Diversion.--The term ``Diversion'' means an act to
Divert.
(26) Divert; diverted.--The terms ``Divert'' and
``Diverted'' mean 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.
(27) Domestic use.--
(A) In general.--The term ``Domestic Use'', for
purposes of paragraph 13.0 of the Agreement and section
11, means a Use of Water serving a residence, or
multiple residences up to a maximum of 3 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.
(B) Exclusion.--The term ``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 of the
Arizona Revised Statutes.
(28) Effective date.--The term ``Effective Date'' means the
date that the Agreement is signed by all of the Parties, other
than the United States.
(29) 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.
(30) Enforceability date.--The term ``Enforceability Date''
means the date described in section 15.
(31) 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.
(32) 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.
(33) 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 jurisdicti