TH ST CONGRESS SESSION H. R. 2459

I

116TH CONGRESS 1ST SESSION H. R. 2459

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 HOUSE OF REPRESENTATIVES

MAY 1, 2019

Mr. O’HALLERAN (for himself, Mr. STANTON, Mrs. KIRKPATRICK, Mr.

GALLEGO, Mr. BIGGS, Mr. GOSAR, Mr. SCHWEIKERT, and Mrs. LESKO)

introduced the following bill; which was referred to the Committee on

Natural Resources

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

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SEC. 2. PURPOSES. 1

The purposes of this Act are— 2

(1) to resolve, fully and finally, all claims to 3

rights to water in the State, including the Verde 4

River, the Bill Williams River, and the Colorado 5

River, of— 6

(A) the Hualapai Tribe, on behalf of the 7

Hualapai Tribe and the members of the 8

Hualapai Tribe; and 9

(B) the United States, acting as trustee 10

for the Hualapai Tribe, the members of the 11

Hualapai Tribe, and the allottees; 12

(2) to authorize, ratify, and confirm the 13

Hualapai Tribe water rights settlement agreement 14

entered into among the Hualapai Tribe, the United 15

States, the State, and others, to the extent that 16

agreement is consistent with this Act; 17

(3) to authorize and direct the Secretary to exe-18

cute and perform the duties and obligations of the 19

Secretary under the Hualapai Tribe water rights 20

settlement agreement and this Act; and 21

(4) to authorize the appropriation of amounts 22

necessary for the implementation of the Hualapai 23

Tribe water rights settlement agreement and this 24

Act. 25


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SEC. 3. DEFINITIONS. 1

In this Act: 2

(1) 1947 JUDGMENT.—The term ‘‘1947 Judg-3

ment’’ means the Judgment and the Stipulation and 4

Agreement, including exhibits to the Judgment and 5

the Stipulation and Agreement, entered on March 6

13, 1947, in United States v. Santa Fe Pac. R.R. 7

Co., No. E–190 (D. Ariz.) and attached to the 8


as Exhibit 3.1.1. 10

(2) AFY.—The term ‘‘AFY’’ means acre-feet 11

per year. 12

(3) ALLOTMENT.—The term ‘‘allotment’’ means 13

any of the 4 off-reservation parcels that are— 14

(A) held in trust by the United States for 15

individual Indians in the Big Sandy River basin 16

in Mohave County, Arizona, under the patents 17

numbered 1039995, 1039996, 1039997, and 18

1019494; and 19

(B) identified as Parcels 1A, 1B, 1C, and 20

2 on the map attached to the Hualapai Tribe 21

water rights settlement agreement as Exhibit 22

3.1.6. 23

(4) ALLOTTEE.—The term ‘‘allottee’’ means 24

any Indian owner of an allotment. 25


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(5) AVAILABLE CAP SUPPLY.—The term ‘‘avail-1

able CAP supply’’ means, for any year— 2

(A) all fourth priority water available for 3

delivery through the CAP system; 4

(B) water available from Central Arizona 5

Project dams and reservoirs other than the 6

Modified Roosevelt Dam; and 7

(C) return flows captured by the Secretary 8

for Central Arizona Project use. 9

(6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil-10

liams Act’’ means the Bill Williams River Water 11

Rights Settlement Act of 2014 (Public Law 113– 12

223; 128 Stat. 2096). 13

(7) BILL WILLIAMS AGREEMENTS.—The term 14

‘‘Bill Williams agreements’’ means the Amended and 15

Restated Big Sandy River-Planet Ranch Water 16

Rights Settlement Agreement and the Amended and 17

Restated Hualapai Tribe Bill Williams River Water 18

Rights Settlement Agreement, including all exhibits 19

to each agreement, copies of which (excluding exhib-20

its) are attached to the Hualapai Tribe water rights 21

settlement agreement as Exhibit 3.1.11. 22

(8) BILL WILLIAMS RIVER PHASE 2 WATER 23

RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 24

Williams River phase 2 water rights settlement 25


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agreement’’ means the agreement of that name that 1

is attached to, and incorporated in, the Hualapai 2

Tribe water rights settlement agreement as Exhibit 3

4.3.3. 4

(9) CAP CONTRACT.—The term ‘‘CAP con-5

tract’’ means a long-term contract (as defined in the 6

CAP repayment stipulation) with the United States 7

for delivery of CAP water through the CAP system. 8

(10) CAP CONTRACTOR.— 9

(A) IN GENERAL.—The term ‘‘CAP con-10

tractor’’ means a person that has entered into 11

a CAP contract. 12

(B) INCLUSION.—The term ‘‘CAP con-13

tractor’’ includes the Hualapai Tribe. 14

(11) CAP FIXED OM&R CHARGE.—The term 15

‘‘CAP fixed OM&R charge’’ has the meaning given 16

the term ‘‘Fixed OM&R Charge’’ in the CAP repay-17

ment stipulation. 18

(12) CAP M&I PRIORITY WATER.—The term 19

‘‘CAP M&I priority water’’ means the CAP water 20

that has a municipal and industrial delivery priority 21

under the CAP repayment contract. 22

(13) CAP NIA PRIORITY WATER.—The term 23

‘‘CAP NIA priority water’’ means the CAP water 24

deliverable under a CAP contract or a CAP sub-25


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contract providing for the delivery of non-Indian ag-1

ricultural priority water. 2

(14) CAP OPERATING AGENCY.—The term 3

‘‘CAP operating agency’’ means— 4

(A) the one or more entities authorized to 5

assume responsibility for the care, operation, 6

maintenance, and replacement of the CAP sys-7

tem; and 8

(B) as of the date of enactment of this 9

Act, the Central Arizona Water Conservation 10

District. 11

(15) CAP PUMPING ENERGY CHARGE.—The 12

term ‘‘CAP pumping energy charge’’ has the mean-13

ing given the term ‘‘Pumping Energy Charge’’ in the 14

CAP repayment stipulation. 15

(16) CAP REPAYMENT CONTRACT.—The term 16

‘‘CAP repayment contract’’ means— 17

(A) the contract entitled ‘‘Contract be-18

tween the United States and CAWCD for Deliv-19

ery of Water and Repayment of Costs of the 20

CAP’’, numbered 14–06–W–245 (Amendment 21

No. 1), and dated December 1, 1988; and 22

(B) any amendment to, or revision of, that 23

contract. 24


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(17) CAP REPAYMENT STIPULATION.—The 1

term ‘‘CAP repayment stipulation’’ means the Stipu-2

lated Judgment and the Stipulation for Judgment, 3

including any exhibits to those documents, entered 4

on November 21, 2007, in the United States District 5

Court for the District of Arizona in the consolidated 6

civil action Central Arizona Water Conservation Dis-7

trict v. United States, numbered CIV 95–625–TUC– 8

WDB (EHC) and CIV 95–1720–PHX–EHC. 9

(18) CAP SUBCONTRACT.—The term ‘‘CAP 10

subcontract’’ means a long-term subcontract (as de-11

fined in the CAP repayment stipulation) with the 12

United States and the Central Arizona Water Con-13

servation District for the delivery of CAP water 14

through the CAP system. 15

(19) CAP SUBCONTRACTOR.—The term ‘‘CAP 16

subcontractor’’ means a person that has entered into 17

a CAP subcontract. 18

(20) CAP SYSTEM.—The term ‘‘CAP system’’ 19

means— 20

(A) the Mark Wilmer Pumping Plant; 21

(B) the Hayden-Rhodes Aqueduct; 22

(C) the Fannin-McFarland Aqueduct; 23

(D) the Tucson Aqueduct; 24


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(E) any pumping plant or appurtenant 1

work of a feature described in subparagraph 2

(A), (B), (C), or (D); and 3

(F) any extension of, addition to, or re-4

placement for a feature described in subpara-5

graph (A), (B), (C), (D), or (E). 6

(21) CAP WATER.—The term ‘‘CAP water’’ has 7

the meaning given the term ‘‘Project Water’’ in the 8

CAP repayment stipulation. 9

(22) CENTRAL ARIZONA PROJECT.—The term 10

‘‘Central Arizona Project’’ means the reclamation 11

project authorized and constructed by the United 12

States in accordance with title III of the Colorado 13

River Basin Project Act (43 U.S.C. 1521 et seq.). 14

(23) CENTRAL ARIZONA WATER CONSERVATION 15

DISTRICT.—The term ‘‘Central Arizona Water Con-16

servation District’’ means the political subdivision of 17

the State that is the contractor under the CAP re-18

payment contract. 19

(24) COLORADO RIVER COMPACT.—The term 20

‘‘Colorado River Compact’’ means the Colorado 21

River Compact of 1922, as ratified and reprinted in 22

article 2 of chapter 7 of title 45, Arizona Revised 23

Statutes. 24


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(25) COLORADO RIVER WATER.—The term 1

‘‘Colorado River water’’ means the water of the Col-2

orado River within the United States, including— 3

(A) the water of reservoirs on the Colorado 4

River within the United States; 5

(B) the water of all tributaries to the Colo-6

rado River within the United States, other than 7

tributaries located within the State; 8

(C) the water beneath the surface of the 9

Earth that is hydraulically connected to the 10

Colorado River within the United States; and 11

(D) all water beneath the surface of the 12

Earth that is hydraulically connected to tribu-13

taries to the Colorado River within the United 14

States, other than tributaries located within the 15

State. 16

(26) COLORADO RIVER WATER ENTITLE-17

MENT.— 18

(A) IN GENERAL.—The term ‘‘Colorado 19

River water entitlement’’ means the right or au-20

thorization to use Colorado River water in the 21

State. 22

(B) EXCLUSION.—The term ‘‘Colorado 23

River water entitlement’’ does not include the 24

right of the Hualapai Tribe to use Hualapai 25


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Tribe CAP water in accordance with the 1

Hualapai Tribe water delivery contract. 2

(27) COMMISSIONER.—The term ‘‘Commis-3

sioner’’ means the Commissioner of Reclamation. 4

(28) DIVERSION.—The term ‘‘diversion’’ means 5

an act to divert. 6

(29) DIVERT.—The term ‘‘divert’’ means the 7

receipt, withdrawal, development, production, or cap-8

ture of water using a ditch, canal, flume, bypass, 9

pipeline, pit, collection or infiltration gallery, con-10

duit, well, pump, turnout, dam, or any other me-11

chanical device, or any other act of man. 12

(30) EFFLUENT.—The term ‘‘effluent’’ means 13

water that— 14

(A) has been used in the State for domes-15

tic, municipal, or industrial purposes, other 16

than solely for hydropower generation; and 17

(B) is available for reuse for any purpose, 18

whether or not the water has been treated to 19

improve the quality of the water. 20

(31) ENFORCEABILITY DATE.—The term ‘‘en-21

forceability date’’ means the date described in sec-22

tion 12(a). 23

(32) EXCHANGE.—The term ‘‘exchange’’ means 24

a trade between one or more persons of any water 25


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for any other water, if each person has a right or 1

claim to use the water the person provides in the 2

trade, regardless of whether the water is traded in 3

equal amounts or other consideration is included in 4

the trade. 5

(33) FOURTH PRIORITY WATER.—The term 6

‘‘fourth priority water’’ means Colorado River water 7

that is available for delivery in the State for the sat-8

isfaction of entitlements— 9

(A) in accordance with contracts, Secre-10

tarial reservations, perfected rights, and other 11

arrangements between the United States and 12

water users in the State entered into or estab-13

lished more recently than September 30, 1968, 14

for use on Federal, State, or privately owned 15

land in the State, in a total quantity not great-16

er than 164,652 AFY of diversions; and 17

(B) after first providing for the delivery of 18

Colorado River water for the CAP system, in-19

cluding for use on Indian land, under section 20

304(e) of the Colorado River Basin Project Act 21

(43 U.S.C. 1524(e)), in accordance with the 22

CAP repayment contract. 23

(34) FREEPORT.— 24


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(A) IN GENERAL.—The term ‘‘Freeport’’ 1

means the Delaware corporation named ‘‘Free-2

port Minerals Corporation’’. 3

(B) INCLUSIONS.—The term ‘‘Freeport’’ 4

includes all subsidiaries, affiliates, successors, 5

and assigns of Freeport, including Byner Cattle 6

Company, a Nevada corporation. 7

(35) GILA RIVER ADJUDICATION.—The term 8

‘‘Gila River adjudication’’ means the action pending 9

in the Superior Court of the State, in and for the 10

County of Maricopa, In Re the General Adjudication 11

of All Rights To Use Water In The Gila River Sys-12

tem and Source, W–1 (Salt), W–2 (Verde), W–3 13

(Upper Gila), W–4 (San Pedro) (Consolidated). 14

(36) GILA RIVER ADJUDICATION COURT.—The 15

term ‘‘Gila River adjudication court’’ means the Su-16

perior Court of the State, in and for the County of 17

Maricopa, exercising jurisdiction over the Gila River 18

adjudication. 19

(37) GILA RIVER ADJUDICATION DECREE.—The 20

term ‘‘Gila River adjudication decree’’ means the 21

judgment or decree entered by the Gila River adju-22

dication court in substantially the same form as the 23

form of judgment attached to the Hualapai Tribe 24

water rights settlement agreement as Exhibit 3.1.43. 25


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(38) GROUNDWATER.—The term ‘‘ground-1

water’’ means all water beneath the surface of the 2

Earth within the State that is not— 3

(A) surface water; 4

(B) effluent; or 5

(C) Colorado River water. 6

(39) HUALAPAI FEE LAND.—The term 7

‘‘Hualapai fee land’’ means land, other than 8

Hualapai trust land, that— 9

(A) is located in the State; 10

(B) is located outside the exterior bound-11

aries of the Hualapai Reservation or Hualapai 12

trust land; and 13

(C) as of the enforceability date, is owned 14

by the Hualapai Tribe, including ownership 15

through a related entity. 16

(40) HUALAPAI LAND.—The term ‘‘Hualapai 17

land’’ means— 18

(A) the Hualapai Reservation; 19

(B) Hualapai trust land; and 20

(C) Hualapai fee land. 21

(41) HUALAPAI OM&R TRUST ACCOUNT.—The 22

term ‘‘Hualapai OM&R Trust Account’’ means the 23

account established by section 6(c)(1). 24


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(42) HUALAPAI RESERVATION.—The term 1

‘‘Hualapai Reservation’’ means the land within the 2

exterior boundaries of the Hualapai Reservation, in-3

cluding— 4

(A) all land withdrawn by the Executive 5

order dated January 4, 1883, as modified by 6

the May 28, 1942, Order of the Secretary pur-7

suant to the Act of February 20, 1925 (43 8

Stat. 954, chapter 273); 9

(B) the land identified by the Executive or-10

ders dated December 22, 1898, May 14, 1900, 11

and June 2, 1911; and 12

(C) the land added to the Hualapai Res-13

ervation by section 9. 14

(43) HUALAPAI TRIBE.—The term ‘‘Hualapai 15

Tribe’’ means the Hualapai Tribe, a federally recog-16

nized Indian tribe of Hualapai Indians organized 17

under section 16 of the Act of June 18, 1934 (25 18

U.S.C. 5123) (commonly known as the ‘‘Indian Re-19

organization Act’’). 20

(44) HUALAPAI TRIBE CAP WATER.—The term 21

‘‘Hualapai Tribe CAP water’’ means the 4,000 AFY 22

of the CAP NIA priority water that— 23

(A) was previously allocated to non-Indian 24

agricultural entities; 25


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(B) was retained by the Secretary for re-1

allocation to Indian tribes in the State pursuant 2

to section 104(a)(1)(A)(iii) of the Central Ari-3

zona Project Settlement Act of 2004 (Public 4

Law 108–451; 118 Stat. 3487); and 5

(C) is reallocated to the Hualapai Tribe 6

pursuant to section 11. 7

(45) HUALAPAI TRIBE WATER RIGHTS SETTLE-8

MENT AGREEMENT.— 9

(A) IN GENERAL.—The term ‘‘Hualapai 10

Tribe water rights settlement agreement’’ 11

means the agreement, including exhibits, enti-12

tled the ‘‘Hualapai Tribe Water Rights Settle-13

ment Agreement’’. 14

(B) INCLUSIONS.—The term ‘‘Hualapai 15

Tribe water rights settlement agreement’’ in-16

cludes— 17

(i) any amendments necessary to 18

make the Hualapai Tribe water rights set-19

tlement agreement consistent with this 20

Act; and 21

(ii) any other amendments approved 22

by the parties to the Hualapai Tribe water 23

rights settlement agreement and the Sec-24

retary. 25


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(46) HUALAPAI TRIBE WATER DELIVERY CON-1

TRACT.—The term ‘‘Hualapai Tribe water delivery 2

contract’’ means the contract entered into in accord-3

ance with the Hualapai Tribe water rights settle-4

ment agreement and section 11(c) for the delivery of 5

Hualapai Tribe CAP water. 6

(47) HUALAPAI TRUST LAND.—The term 7

‘‘Hualapai trust land’’ means land, other than 8

Hualapai fee land, that is— 9

(A) located— 10

(i) in the State; and 11

(ii) outside the exterior boundaries of 12

the Hualapai Reservation; and 13

(B) as of the enforceability date, held in 14

trust by the United States for the benefit of the 15

Hualapai Tribe. 16

(48) HUALAPAI WATER PROJECT.—The term 17

‘‘Hualapai Water Project’’ means the project con-18

structed in accordance with section 6. 19

(49) HUALAPAI WATER PROJECT ACCOUNT.— 20

The term ‘‘Hualapai Water Project Account’’ means 21

the account established by section 6(b)(1). 22

(50) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 23

has the meaning given the term in section 4 of the 24


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Indian Self-Determination and Education Assistance 1

Act (25 U.S.C. 5304). 2

(51) INJURY TO WATER RIGHTS.— 3

(A) IN GENERAL.—The term ‘‘injury to 4

water rights’’ means any interference with, dim-5

inution of, or deprivation of, a water right 6

under Federal, State, or other law. 7

(B) EXCLUSION.—The term ‘‘injury to 8

water rights’’ does not include any injury to 9

water quality. 10

(52) LOWER BASIN.—The term ‘‘lower basin’’ 11

has the meaning given the term in article II(g) of 12

the Colorado River Compact. 13

(53) LOWER COLORADO RIVER BASIN DEVELOP-14

MENT FUND.—The term ‘‘Lower Colorado River 15

Basin Development Fund’’ means the fund estab-16

lished by section 403 of the Colorado River Basin 17

Project Act (43 U.S.C. 1543). 18

(54) MEMBER.—The term ‘‘member’’ means 19

any person duly enrolled as a member of the 20

Hualapai Tribe. 21

(55) OM&R.—The term ‘‘OM&R’’ means— 22

(A) any recurring or ongoing activity relat-23

ing to the day-to-day operation of a project; 24


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(B) any activity relating to scheduled or 1

unscheduled maintenance of a project; and 2

(C) any activity relating to replacing a fea-3

ture of a project. 4

(56) PARCEL 1.—The term ‘‘Parcel 1’’ means 5

the parcel of land that— 6

(A) is depicted as 3 contiguous allotments 7

identified as 1A, 1B, and 1C on the map at-8

tached to the Hualapai Tribe water rights set-9

tlement agreement as Exhibit 3.1.6; and 10

(B) is held in trust for certain allottees. 11



(A) is depicted as ‘‘Parcel 2’’ on the map 14

attached to the Hualapai Tribe water rights 15

settlement agreement as Exhibit 3.1.6; and 16

(B) is held in trust for certain allottees. 17



(A) is depicted as ‘‘Parcel 3’’ on the map 20

attached to the Hualapai Tribe water rights 21

settlement agreement as Exhibit 3.1.6; 22

(B) is held in trust for the Hualapai Tribe; 23

and 24


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(C) is part of the Hualapai Reservation 1

pursuant to Executive Order 1368 of June 2, 2

1911. 3

(59) PARTY.—The term ‘‘party’’ means a per-4

son that is a signatory to the Hualapai Tribe water 5

rights settlement agreement. 6

(60) PERSON.— 7

(A) IN GENERAL.—The term ‘‘person’’ 8

means— 9

(i) an individual; 10

(ii) a public or private corporation; 11

(iii) a company; 12

(iv) a partnership; 13

(v) a joint venture; 14

(vi) a firm; 15

(vii) an association; 16

(viii) a society; 17

(ix) an estate or trust; 18

(x) a private organization or enter-19

prise; 20

(xi) the United States; 21

(xii) any Indian tribe; 22

(xiii) a State, territory, or country; 23

(xiv) a governmental entity; and 24


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(xv) a political subdivision or munic-1

ipal corporation organized under or subject 2

to the constitution and laws of the State. 3

(B) INCLUSIONS.—The term ‘‘person’’ in-4

cludes an officer, director, agent, insurer, rep-5

resentative, employee, attorney, assign, sub-6

sidiary, affiliate, enterprise, legal representative, 7

any predecessor and successor in interest, and 8

any heir of a predecessor and successor in in-9

terest of a person. 10

(61) PRECONSTRUCTION ACTIVITY.— 11

(A) IN GENERAL.—The term 12

‘‘preconstruction activity’’ means the work re-13

lating to the preplanning, planning, and design 14

phases of construction, as those terms are de-15

fined in paragraphs (1) through (3) of section 16

900.112(a) of title 25, Code of Federal Regula-17

tions (or a successor regulation). 18

(B) INCLUSION.—The term ‘‘preconstruc-19

tion activity’’ includes the activities described in 20

section 900.112(b) of title 25, Code of Federal 21

Regulations (or a successor regulation). 22

(62) SECRETARY.—The term ‘‘Secretary’’ 23

means the Secretary of the Interior. 24


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(63) STATE.—The term ‘‘State’’ means the 1

State of Arizona. 2

(64) SURFACE WATER.—The term ‘‘surface 3

water’’ means all water in the State that is appro-4

priable under State law. 5

(65) WATER.—The term ‘‘water’’, when used 6

without a modifying adjective, means— 7

(A) groundwater; 8

(B) surface water; 9

(C) effluent; or 10

(D) Colorado River water. 11

(66) WATER RIGHT.—The term ‘‘water right’’ 12

means any right or rights in or to groundwater, sur-13

face water, effluent, or Colorado River water under 14

Federal, State, or other law. 15

SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 16

TRIBE WATER RIGHTS SETTLEMENT AGREE-17

MENT. 18

(a) RATIFICATION.— 19

(1) IN GENERAL.—Except as modified by this 20

Act and to the extent that the Hualapai Tribe water 21

rights settlement agreement does not conflict with 22

this Act, the Hualapai Tribe water rights settlement 23

agreement is authorized, ratified, and confirmed. 24


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(2) AMENDMENTS.—If an amendment to the 1

Hualapai Tribe water rights settlement agreement, 2

or to any exhibit attached to the Hualapai Tribe 3

water rights settlement agreement requiring the sig-4

nature of the Secretary, is executed in accordance 5

with this Act to make the Hualapai Tribe water 6

rights settlement agreement consistent with this Act, 7

the amendment is authorized, ratified, and con-8

firmed, to the extent the amendment is consistent 9

with this Act. 10

(b) EXECUTION.— 11

(1) IN GENERAL.—To the extent the Hualapai 12

Tribe water rights settlement agreement does not 13

conflict with this Act, the Secretary shall execute the 14


including all exhibits to, or parts of, the Hualapai 16

Tribe water rights settlement agreement requiring 17

the signature of the Secretary. 18

(2) MODIFICATIONS.—Nothing in this Act pro-19

hibits the Secretary from approving any modification 20

to an appendix or exhibit to the Hualapai Tribe 21

water rights settlement agreement that is consistent 22

with this Act, to the extent that the modification 23

does not otherwise require congressional approval 24

under section 2116 of the Revised Statutes (25 25


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U.S.C. 177) or any other applicable provision of 1

Federal law. 2

(c) ENVIRONMENTAL COMPLIANCE.— 3

(1) IN GENERAL.—The Secretary shall carry 4

out all Federal compliance activities necessary to im-5

plement the Hualapai Tribe water rights settlement 6

agreement (including all exhibits to the Hualapai 7

Tribe water rights settlement agreement requiring 8

the signature of the Secretary) and this Act, includ-9

ing activities necessary to comply with all applicable 10

provisions of— 11

(A) the Endangered Species Act of 1973 12

(16 U.S.C. 1531 et seq.); 13

(B) the National Environmental Policy Act 14

of 1969 (42 U.S.C. 4321 et seq.); and 15

(C) all other applicable Federal environ-16

mental laws. 17

(2) EFFECT OF EXECUTION.—The execution of 18

the Hualapai Tribe water rights settlement agree-19

ment by the Secretary under this section shall not 20

constitute a major action for purposes of the Na-21

tional Environmental Policy Act of 1969 (42 U.S.C. 22

4321 et seq.). 23

SEC. 5. WATER RIGHTS. 24

(a) WATER RIGHTS TO BE HELD IN TRUST.— 25


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(1) HUALAPAI TRIBE.—The United States shall 1

hold the following water rights in trust for the ben-2

efit of the Hualapai Tribe: 3

(A) The water rights for the Hualapai 4

Reservation described in subparagraph 4.2 of 5

the Hualapai Tribe water rights settlement 6

agreement. 7

(B) The water rights for Hualapai trust 8

land described in subparagraph 4.4 of the 9

Hualapai Tribe water rights settlement agree-10

ment. 11

(C) The water rights described in section 12

10(b)(2) for any land taken into trust by the 13

United States for the benefit of the Hualapai 14

Tribe— 15

(i) after the enforceability date; and 16

(ii) in accordance with section 17

10(b)(1). 18

(D) All Hualapai Tribe CAP water. 19

(2) ALLOTTEES.—The United States shall hold 20

in trust for the benefit of the allottees all water 21

rights for the allotments described in subparagraph 22

4.3.2 of the Hualapai Tribe water rights settlement 23

agreement. 24


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(b) FORFEITURE AND ABANDONMENT.—The fol-1

lowing water rights shall not be subject to loss through 2

non-use, forfeiture, abandonment, or other operation of 3

law: 4

(1) The water rights for the Hualapai Reserva-5

tion described in subparagraph 4.2 of the Hualapai 6

Tribe water rights settlement agreement. 7

(2) The water rights for Hualapai trust land 8

described in subparagraph 4.4 of the Hualapai Tribe 9

water rights settlement agreement. 10

(3) Any Colorado River water entitlement pur-11

chased by the Hualapai Tribe wholly or substantially 12

with amounts contributed by Freeport to the Eco-13

nomic Development Fund described in section 8.1 of 14

the Amended and Restated Hualapai Tribe Bill Wil-15

liams River Water Rights Settlement Agreement. 16

(c) ALIENATION.—Any Colorado River water entitle-17

ment purchased by the Hualapai Tribe wholly or substan-18

tially with amounts contributed by Freeport to the Eco-19

nomic Development Fund described in section 8.1 of the 20

Amended and Restated Hualapai Tribe Bill Williams 21

River Water Rights Settlement Agreement shall be re-22

stricted against permanent alienation by the Tribe. 23


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(d) HUALAPAI TRIBE CAP WATER.—The Hualapai 1

Tribe shall have the right to divert, use, and store the 2

Hualapai Tribe CAP water in accordance with section 11. 3

(e) COLORADO RIVER WATER ENTITLEMENTS.— 4

(1) USES.—The Hualapai Tribe shall have the 5

right to use any Colorado River water entitlement 6

purchased by or donated to the Hualapai Tribe at 7

the location to which the entitlement is appurtenant 8

on the date on which the entitlement is purchased 9

or donated. 10

(2) STORAGE.— 11

(A) IN GENERAL.—Subject to paragraphs 12

(3) and (5), the Hualapai Tribe may store Colo-13

rado River water available under any Colorado 14

River water entitlement purchased by or do-15

nated to the Hualapai Tribe at underground 16

storage facilities or groundwater savings facili-17

ties located within the State and in accordance 18

with State law. 19

(B) ASSIGNMENTS.—The Hualapai Tribe 20

may assign any long-term storage credits ac-21

crued as a result of storage under subpara-22

graph (A) in accordance with State law. 23

(3) TRANSFERS.—The Hualapai Tribe may 24

transfer the entitlement for use or storage under 25


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paragraph (1) or (2), respectively, to another loca-1

tion within the State, including the Hualapai Res-2

ervation, in accordance with the Hualapai Tribe 3

water rights settlement agreement and all applicable 4

Federal and State laws governing the transfer of 5

Colorado River water entitlements within the State. 6

(4) LEASES.—The Hualapai Tribe may lease 7

the entitlement for use or storage to a water user 8

within the State, in accordance with the Hualapai 9

Tribe water rights settlement agreement and all ap-10

plicable Federal and State laws governing the trans-11

fer of Colorado River water entitlements within the 12

State. 13

(5) TRANSPORTS.—The Hualapai Tribe, or any 14

person who leases the entitlement from the Hualapai 15

Tribe under paragraph (4), may transport Colorado 16

River water available under the entitlement through 17

the Central Arizona Project in accordance with all 18

laws of the United States and the Central Arizona 19

Water Conservation District governing the use of the 20

Central Arizona Project to transport water other 21

than CAP water. 22

(f) USE OFF-RESERVATION.—No water rights to 23

groundwater under the Hualapai Reservation or Hualapai 24

trust land, or to surface water on the Hualapai Reserva-25


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tion or Hualapai trust land, may be sold, leased, trans-1

ferred, or used outside the boundaries of the Hualapai 2

Reservation or Hualapai trust land, other than under an 3

exchange. 4

SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF 5

HUALAPAI WATER PROJECT; FUNDING. 6

(a) HUALAPAI WATER PROJECT.— 7

(1) IN GENERAL.—Subject to the availability of 8

appropriations, the Secretary, acting through the 9

Commissioner, shall plan, design, and construct the 10

Hualapai Water Project, which shall be designed to 11

divert, treat, and convey not less than 3,414 AFY of 12

water from the Colorado River for municipal, com-13

mercial, and industrial uses on the Hualapai Res-14

ervation. 15

(2) LEAD AGENCY.—The Bureau of Reclama-16

tion shall serve as the lead agency with respect to 17

any activity to plan, design, and construct the water 18

diversion and delivery features of the Hualapai 19

Water Project. 20

(3) SCOPE.— 21

(A) IN GENERAL.—The scope of the plan-22

ning, design, and construction activities for the 23

Hualapai Water Project shall be as generally 24

described in the document entitled ‘‘Appraisal 25


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Design Report revised with Addendum (June 1

2016)’’ and prepared by DOWL HKM, subject 2

to the condition that, before commencing final 3

design and construction activities, the Secretary 4

shall— 5

(i) review the design of the proposed 6

construction; 7

(ii) perform value engineering anal-8

yses; and 9

(iii) perform appropriate Federal com-10

pliance activities. 11

(B) REQUIREMENTS.—The Hualapai 12

Water Project shall— 13

(i) be capable of delivering 3,414 AFY 14

of water from the Colorado River to the 15

Reservation; 16

(ii) include all facilities and appur-17

tenant items necessary to divert, store, 18

treat, and deliver water for municipal, 19

commercial, and industrial uses on the 20

Hualapai Reservation; and 21

(iii) to the maximum extent prac-22

ticable, be designed and constructed to 23

minimize OM&R costs. 24


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(C) NEGOTIATIONS WITH HUALAPAI 1

TRIBE.—On the basis of the review described in 2

subparagraph (A)(i), the Secretary shall peri-3

odically offer to negotiate and reach agreement 4

with the Hualapai Tribe regarding any appro-5

priate changes to the final design— 6

(i) to ensure that the final design 7

meets applicable industry standards; 8

(ii) to improve the cost-effectiveness 9

of the delivery of Colorado River water; 10

and 11

(iii) to ensure that the Hualapai 12

Water Project will be constructed using 13

only the amounts made available pursuant 14

to subsection (b)(6). 15

(4) APPLICABILITY OF ISDEAA.—On request of 16

the Hualapai Tribe and in accordance with the In-17

dian Self-Determination and Education Assistance 18

Act (25 U.S.C. 5301 et seq.), the Secretary shall 19

enter into one or more agreements with the 20

Hualapai Tribe to carry out this subsection. 21

(5) OPERATION AND MAINTENANCE.— 22

(A) IN GENERAL.—In accordance with 23

subsection (c) and subject to the availability of 24

appropriations, during the period beginning on 25


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the enforceability date and ending on the date 1

on which title to the Hualapai Water Project is 2

transferred to the Hualapai Tribe pursuant to 3

paragraph (6), the Secretary, acting through 4

the Commissioner, in consultation with the 5

Hualapai Tribe, shall operate, maintain, and re-6

place the Hualapai Water Project. 7

(B) AUTHORIZATION OF APPROPRIA-8

TIONS.— 9

(i) IN GENERAL.—There is authorized 10

to be appropriated to the Secretary to 11

carry out the activities described in sub-12

paragraph (A) $5,000,000, to remain 13

available until expended. 14

(ii) UNEXPENDED FUNDS.—Any 15

funds that remain unexpended on the date 16

on which title to the Hualapai Water 17

Project is transferred to the Hualapai 18

Tribe pursuant to paragraph (6) shall re-19

vert to the Treasury. 20

(iii) PROHIBITION.—The Secretary 21

shall not use any amounts from the 22

Hualapai Water Project Account or the 23

Hualapai OM&R Trust Account to carry 24


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out the activities described in subpara-1

graph (A). 2

(6) TITLE TO HUALAPAI WATER PROJECT.— 3

(A) IN GENERAL.—The Secretary shall 4

convey to the Hualapai Tribe title to the 5

Hualapai Water Project on the date on which 6

the Secretary issues a notice including— 7

(i) a certification that the infrastruc-8

ture constructed is capable of storing, di-9

verting, treating, transmitting, and distrib-10

uting a supply of water as generally set 11

forth in the final project design described 12

in paragraph (3); 13

(ii) a finding that the Hualapai Water 14

Project is substantially complete; and 15

(iii) a certification that the Secretary 16

has consulted with the Hualapai Tribe re-17

garding the finding described in clause (ii). 18

(B) LIMITATION ON LIABILITY.— 19

(i) IN GENERAL.—Subject to clause 20

(ii), beginning on the date on which the 21

Secretary transfers to the Hualapai Tribe 22

title to the Hualapai Water Project under 23

subparagraph (A), the United States shall 24

not be held liable by any court for damages 25


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•HR 2459 IH

arising out of any act, omission, or occur-1

rence relating to the facilities transferred. 2

(ii) SAVINGS CLAUSE.—Clause (i) 3

shall not apply to liability for damages 4

caused by an intentional act or an act of 5

negligence committed by the United 6

States, or by employees or agents of the 7

United States, occurring prior to the date 8

on which the Secretary transfers to the 9

Hualapai Tribe title to the Hualapai Water 10

Project under subparagraph (A). 11

(C) OM&R OBLIGATION OF UNITED 12

STATES AFTER CONVEYANCE.—Beginning on 13

the date on which the Secretary transfers to the 14

Hualapai Tribe title to the Hualapai Water 15

Project under subparagraph (A), the United 16

States shall have no obligation to pay for the 17

OM&R costs of the Hualapai Water Project. 18

(7) TECHNICAL ASSISTANCE.— 19

(A) IN GENERAL.—Subject to the avail-20

ability of appropriations, the Secretary shall 21

provide to the Hualapai Tribe technical assist-22

ance, including operation and management 23

training, to prepare the Hualapai Tribe for the 24

operation of the Hualapai Water Project. 25


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•HR 2459 IH

(B) AUTHORIZATION OF APPROPRIA-1

TIONS.— 2

(i) IN GENERAL.—There is authorized 3

to be appropriated to the Secretary to 4

carry out the activities described in sub-5

paragraph (A) $2,000,000, to remain 6


(ii) UNEXPENDED FUNDS.—Any 8

funds that remain unexpended on the date 9

on which title to the Hualapai Water 10

Project is transferred to the Hualapai 11

Tribe pursuant to paragraph (6) shall re-12

vert to the Treasury. 13

(8) PROJECT MANAGEMENT COMMITTEE.—The 14

Secretary shall facilitate the formation of a project 15

management committee composed of representatives 16

from the Bureau of Reclamation, the Bureau of In-17

dian Affairs, the National Park Service, the United 18

States Fish and Wildlife Service, and the Hualapai 19

Tribe— 20

(A) to review cost factors and budgets for 21

construction, operation, and maintenance activi-22

ties for the Hualapai Water Project; 23


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•HR 2459 IH

(B) to improve management of inherently 1

governmental functions through enhanced com-2

munication; and 3

(C) to seek additional ways to reduce over-4

all costs for the Hualapai Water Project. 5

(9) AUTHORIZATION TO CONSTRUCT.— 6

(A) IN GENERAL.—Subject to subpara-7

graph (B), beginning on the day after the en-8

forceability date, the Secretary may construct 9

the Hualapai Water Project. 10

(B) PRECONSTRUCTION ACTIVITIES.— 11

(i) IN GENERAL.—Notwithstanding 12

subparagraph (A) and subject to clause 13

(ii), on or before the enforceability date, 14

the Secretary may use not more than 15

$15,233,000 of the amounts deposited in 16

the Hualapai Water Project Account under 17

subsection (b)(6) to carry out, for the 18

Hualapai Water Project— 19

(I) preconstruction activities; and 20

(II) necessary environmental 21

studies. 22

(ii) FLUCTUATION IN COSTS.—The 23

amount described in clause (i) shall be in-24

creased or decreased, as appropriate, by 25


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•HR 2459 IH

such amounts as may be justified by rea-1

son of fluctuations in applicable engineer-2

ing cost indices occurring after February 3

29, 2016. 4

(b) HUALAPAI WATER PROJECT ACCOUNT.— 5

(1) ESTABLISHMENT.— 6

(A) IN GENERAL.—There is established in 7

the Treasury of the United States an account, 8

to be known as the ‘‘Hualapai Water Project 9

Account’’, for use in constructing the Hualapai 10

Water Project. 11

(B) ADMINISTRATION.—The Hualapai 12

Water Project Account shall be administered by 13

the Secretary. 14

(C) COMPOSITION.—The Hualapai Water 15

Project Account shall consist of the amounts 16

deposited in the account under paragraph (6), 17

together with any interest accrued on those 18

amounts. 19

(2) MANAGEMENT.— 20


manage the Hualapai Water Project Account in 22

a manner that is consistent with— 23


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•HR 2459 IH

(i) the American Indian Trust Fund 1

Management Reform Act of 1994 (25 2

U.S.C. 4001 et seq.); and 3

(ii) this subsection. 4

(B) INVESTMENTS.—The Secretary shall 5

invest amounts in the Hualapai Water Project 6

Account in accordance with— 7

(i) the Act of April 1, 1880 (21 Stat. 8

70, chapter 41; 25 U.S.C. 161); 9

(ii) the first section of the Act of June 10

24, 1938 (52 Stat. 1037, chapter 648; 25 11

U.S.C. 162a); and 12

(iii) obligations of Federal corpora-13

tions and Federal Government-sponsored 14

entities, the charter documents of which 15

provide that the obligations of the entities 16

are lawful investments for federally man-17

aged funds, including— 18

(I) obligations of the United 19

States Postal Service described in sec-20

tion 2005 of title 39, United States 21

Code; 22

(II) bonds and other obligations 23

of the Tennessee Valley Authority de-24

scribed in section 15d of the Ten-25


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•HR 2459 IH

nessee Valley Authority Act of 1933 1

(16 U.S.C. 831n–4); 2

(III) mortgages, obligations, or 3

other securities of the Federal Home 4

Loan Mortgage Corporation described 5

in section 303 of the Federal Home 6

Loan Mortgage Corporation Act (12 7

U.S.C. 1452); and 8

(IV) bonds, notes, or debentures 9

of the Commodity Credit Corporation 10

described in section 4 of the Act of 11

March 8, 1938 (52 Stat. 108, chapter 12

44; 15 U.S.C. 713a–4). 13

(C) CREDITS TO ACCOUNT.—The interest 14

on, and the proceeds from, the sale or redemp-15

tion of any obligations held in the Hualapai 16

Water Project Account shall be credited to, and 17

form a part of, the Hualapai Water Project Ac-18

count. 19

(3) PROJECT EFFICIENCIES.—If the total cost 20

of planning, design, and construction activities of 21

the Hualapai Water Project results in cost savings 22

and is less than the amounts authorized to be appro-23

priated under paragraph (6), the Secretary, at the 24

request of the Hualapai Tribe, may— 25


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•HR 2459 IH

(A) use those cost savings to carry out 1

capital improvement projects associated with 2

the Hualapai Water Project; or 3

(B) transfer those cost savings to the 4

Hualapai OM&R Trust Account. 5

(4) NO REIMBURSEMENT.—The Secretary shall 6

not be reimbursed by any entity, including the 7

Hualapai Tribe, for any amounts expended by the 8

Secretary in carrying out this section. 9

(5) AVAILABILITY OF AMOUNTS AND INVEST-10

MENT EARNINGS.— 11

(A) IN GENERAL.—Except as provided in 12

subsection (a)(9)(B), amounts appropriated to, 13

and deposited in, the Hualapai Water Project 14

Account shall not be available to the Secretary 15

for expenditure until the enforceability date. 16

(B) INVESTMENT EARNINGS.—Investment 17

earnings under paragraph (2) on amounts de-18

posited in the Hualapai Water Project Account 19

shall not be available to the Secretary for ex-20

penditure until the enforceability date. 21

(6) AUTHORIZATION OF APPROPRIATIONS.— 22


graph (B), there is authorized to be appro-24

priated to the Secretary for deposit in the 25


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•HR 2459 IH

Hualapai Water Project Account $134,500,000, 1

to remain available until expended. 2

(B) FLUCTUATION IN COSTS.—The 3

amount authorized to be appropriated under 4

subparagraph (A) shall be increased or de-5

creased, as appropriate, by such amounts as 6

may be justified by reason of fluctuations in ap-7

plicable engineering cost indices occurring after 8

February 29, 2016, until the date on which title 9

to the Hualapai Water Project is transferred to 10

the Hualapai Tribe under subsection (a)(6)(A). 11

(c) HUALAPAI OM&R TRUST ACCOUNT.— 12

(1) ESTABLISHMENT.— 13

(A) IN GENERAL.—There is established in 14

the Treasury of the United States a trust ac-15

count, to be known as the ‘‘Hualapai OM&R 16

Trust Account’’, for the OM&R of the Hualapai 17

Water Project. 18

(B) ADMINISTRATION.—The Hualapai 19

OM&R Trust Account shall be administered by 20

the Secretary. 21

(C) COMPOSITION.—The Hualapai OM&R 22

Trust Account shall consist of the amounts de-23

posited in the account under paragraph (4), to-24


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•HR 2459 IH

gether with any interest accrued on those 1

amounts. 2

(2) MANAGEMENT.— 3


manage the Hualapai OM&R Trust Account in 5

a manner that is consistent with— 6

(i) the American Indian Trust Fund 7

Management Reform Act of 1994 (25 8

U.S.C. 4001 et seq.); and 9

(ii) this subsection. 10

(B) INVESTMENTS.—The Secretary shall 11

invest amounts in the Hualapai OM&R Trust 12

Account in accordance with the laws and obliga-13

tions described in clauses (i) through (iii) of 14

subsection (b)(2)(B). 15

(3) AVAILABILITY OF AMOUNTS.—Beginning on 16

the date on which title to the Hualapai Water 17

Project is transferred to the Hualapai Tribe under 18

subsection (a)(6)(A), the Secretary shall make avail-19

able to the Hualapai Tribe all amounts appropriated 20

to, and deposited in, the Hualapai OM&R Trust Ac-21

count. 22

(4) AUTHORIZATION OF APPROPRIATIONS.— 23


graph (B) and in addition to any amounts 25


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•HR 2459 IH

transferred from the Hualapai Water Project 1

Account pursuant to subsection (b)(3)(B), there 2

is authorized to be appropriated to the Sec-3

retary for deposit and retention in the Hualapai 4

OM&R Trust Account $32,000,000, to remain 5


(B) FLUCTUATION IN COSTS.—The 7

amount authorized to be appropriated under 8

subparagraph (A) shall be increased or de-9

creased, as appropriate, by such amounts as 10

may be justified by reason of fluctuations in ap-11

plicable engineering cost indices occurring after 12

February 29, 2016. 13

SEC. 7. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 14

(a) HUALAPAI TRIBE.— 15

(1) CLAIMS AGAINST THE STATE AND OTH-16

ERS.— 17


subparagraph (C), the Hualapai Tribe, on be-19

half of the Hualapai Tribe and the members of 20

the Hualapai Tribe (but not members in the ca-21

pacity of the members as allottees) and the 22

United States, acting as trustee for the 23


Hualapai Tribe (but not members in the capac-25


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•HR 2459 IH

ity of the members as allottees), as part of the 1

performance of the respective obligations of the 2

Hualapai Tribe and the United States under 3


agreement and this Act, are authorized to exe-5

cute a waiver and release of any claims against 6

the State (or any agency or political subdivision 7

of the State) and any other individual, entity, 8

corporation, or municipal corporation under 9

Federal, State, or other law for all— 10

(i) past, present, and future claims for 11

water rights, including rights to Colorado 12

River water, for Hualapai land, arising 13

from time immemorial and, thereafter, for-14

ever; 15

(ii) past, present, and future claims 16

for water rights, including rights to Colo-17

rado River water, arising from time imme-18

morial and, thereafter, forever, that are 19

based on the aboriginal occupancy of land 20

by the Hualapai Tribe, the predecessors of 21

the Hualapai Tribe, the members of the 22

Hualapai Tribe, or predecessors of the 23

members of the Hualapai Tribe; 24


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•HR 2459 IH

(iii) past and present claims for injury 1

to water rights, including injury to rights 2

to Colorado River water, for Hualapai 3

land, arising from time immemorial 4

through the enforceability date; 5

(iv) past, present, and future claims 6

for injury to water rights, including injury 7

to rights to Colorado River water, arising 8


ever, that are based on the aboriginal occu-10

pancy of land by the Hualapai Tribe, the 11

predecessors of the Hualapai Tribe, the 12

members of the Hualapai Tribe, or prede-13

cessors of the members of the Hualapai 14

Tribe; 15

(v) claims for injury to water rights, 16

including injury to rights to Colorado 17

River water, arising after the enforceability 18

date, for Hualapai land, resulting from the 19

off-Reservation diversion or use of water in 20

a manner not in violation of the Hualapai 21

Tribe water rights settlement agreement or 22

State law; 23

(vi) past, present, and future claims 24

arising out of, or relating in any manner 25


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•HR 2459 IH

to, the negotiation, execution, or adoption 1

of the Hualapai Tribe water rights settle-2

ment agreement, any judgment or decree 3

approving or incorporating the Hualapai 4

Tribe water rights settlement agreement, 5

or this Act; and 6

(vii) claims for water rights of the 7

Hualapai Tribe or the United States, act-8

ing as trustee for the Hualapai Tribe and 9

members of the Hualapai Tribe with re-10

spect to Parcel 3, in excess of 300 AFY. 11

(B) EFFECTIVE DATE.—The waiver and 12

release of claims described in subparagraph (A) 13

shall take effect on the enforceability date. 14

(C) RESERVATION OF RIGHTS AND RETEN-15

TION OF CLAIMS.—Notwithstanding the waiver 16

and release of claims described in subparagraph 17

(A), the Hualapai Tribe, acting on behalf of the 18


Hualapai Tribe, and the United States, acting 20

as trustee for the Hualapai Tribe and the mem-21

bers of the Hualapai Tribe (but not members in 22

the capacity of the members as allottees), shall 23

retain any right— 24


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•HR 2459 IH

(i) subject to subparagraph 12.7 of 1


agreement, to assert claims for injuries to, 3

and seek enforcement of, the rights of the 4

Tribe under the Hualapai Tribe water 5

rights settlement agreement or this Act in 6

any Federal or State court of competent 7

jurisdiction; 8

(ii) to assert claims for injuries to, 9


Hualapai Tribe under any judgment or de-11

cree approving or incorporating the 12

Hualapai Tribe water rights settlement 13

agreement; 14

(iii) to assert claims for water rights 15

based on State law for land owned or ac-16

quired by the Hualapai Tribe in fee, under 17

subparagraph 4.8 of the Hualapai Tribe 18

water rights settlement agreement; 19

(iv) to object to any claims for water 20

rights or injury to water rights by or for 21

any Indian tribe or the United States, act-22

ing on behalf of any Indian tribe; 23

(v) to assert past, present, or future 24

claims for injury to water rights against 25


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•HR 2459 IH



(vi) to assert claims for injuries to, 3


Hualapai Tribe under the Bill Williams 5

agreements or the Bill Williams Act in any 6

Federal or State court of competent juris-7

diction; and 8

(vii) subject to paragraphs (1), (3), 9

(4), and (5) of section 5(e), to assert the 10

rights of the Hualapai Tribe under any 11

Colorado River water entitlement pur-12

chased by or donated to the Hualapai 13

Tribe. 14

(2) CLAIMS AGAINST UNITED STATES.— 15


subparagraph (C), the Hualapai Tribe, acting 17

on behalf of the Hualapai Tribe and the mem-18

bers of the Hualapai Tribe (but not members in 19

the capacity of the members as allottees) as 20

part of the performance of the obligations of 21

the Hualapai Tribe under the Hualapai Tribe 22

water rights settlement agreement and this Act, 23

is authorized to execute a waiver and release of 24

all claims against the United States, including 25


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•HR 2459 IH

agencies, officials, and employees of the United 1

States, under Federal, State, or other law for 2

all— 3

(i) past, present, and future claims for 4

water rights, including rights to Colorado 5

River water, for Hualapai land, arising 6


ever; 8

(ii) past, present, and future claims 9

for water rights, including rights to Colo-10

rado River water, arising from time imme-11

morial and, thereafter, forever, that are 12

based on the aboriginal occupancy of land 13

by the Hualapai Tribe, the predecessors of 14

the Hualapai Tribe, the members of the 15

Hualapai Tribe, or predecessors of the 16

members of the Hualapai Tribe; 17

(iii) past and present claims relating 18

in any manner to damages, losses, or in-19

jury to water rights (including injury to 20

rights to Colorado River water), land, or 21

other resources due to loss of water or 22

water rights (including damages, losses, or 23

injuries to hunting, fishing, gathering, or 24

cultural rights due to loss of water or 25


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•HR 2459 IH

water rights, claims relating to interference 1

with, diversion, or taking of water, or 2

claims relating to the failure to protect, ac-3

quire, or develop water, water rights, or 4

water infrastructure) within the State that 5

first accrued at any time prior to the en-6

forceability date; 7

(iv) past and present claims for injury 8

to water rights, including injury to rights 9

to Colorado River water, for Hualapai 10

land, arising from time immemorial 11

through the enforceability date; 12

(v) past, present, and future claims 13

for injury to water rights, including injury 14

to rights to Colorado River water, arising 15


ever, that are based on the aboriginal occu-17

pancy of land by the Hualapai Tribe, the 18

predecessors of the Hualapai Tribe, the 19

members of the Hualapai Tribe, or prede-20

cessors of the members of the Hualapai 21

Tribe; 22

(vi) claims for injury to water rights, 23

including injury to rights to Colorado 24

River water, arising after the enforceability 25


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•HR 2459 IH

date for Hualapai land, resulting from the 1

off-Reservation diversion or use of water in 2

a manner not in violation of the Hualapai 3

Tribe water rights settlement agreement or 4

State law; and 5

(vii) past, present, and future claims 6


to, the negotiation, execution, or adoption 8

of the Hualapai Tribe water rights settle-9

ment agreement, any judgment or decree 10

approving or incorporating the Hualapai 11

Tribe water rights settlement agreement, 12

or this Act. 13


release of claims described in subparagraph (A) 15

shall take effect on the enforceability date. 16

(C) RETENTION OF CLAIMS.—Notwith-17

standing the waiver and release of claims de-18

scribed in subparagraph (A), the Hualapai 19

Tribe and the members of the Hualapai Tribe 20

(but not members in the capacity of the mem-21

bers as allottees) shall retain any right— 22

(i) subject to subparagraph 12.7 of 23


agreement, to assert claims for injuries to, 25


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•HR 2459 IH


Tribe under the Hualapai Tribe water 2

rights settlement agreement or this Act in 3

any Federal or State court of competent 4

jurisdiction; 5

(ii) to assert claims for injuries to, 6


Hualapai Tribe under any judgment or de-8

cree approving or incorporating the 9

Hualapai Tribe water rights settlement 10

agreement; 11

(iii) to assert claims for water rights 12

based on State law for land owned or ac-13

quired by the Hualapai Tribe in fee, under 14

subparagraph 4.8 of the Hualapai Tribe 15


(iv) to object to any claims for water 17

rights or injury to water rights by or for 18



(v) to assert past, present, or future 21

claims for injury to water rights against 22




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•HR 2459 IH

(vi) to assert claims for injuries to, 1


Hualapai Tribe under the Bill Williams 3

agreements or the Bill Williams Act in any 4

Federal or State court of competent juris-5

diction; and 6

(vii) subject to paragraphs (1), (3), 7

(4), and (5) of section 5(e), to assert the 8

rights of the Hualapai Tribe under any 9

Colorado River water entitlement pur-10

chased by or donated to the Hualapai 11

Tribe. 12

(b) WAIVERS AND RELEASES OF CLAIMS BY UNITED 13

STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 14

(1) IN GENERAL.—Except as provided in para-15

graph (3), the United States, acting as trustee for 16

the allottees of the Hualapai Tribe, as part of the 17

performance of the obligations of the United States 18

under the Hualapai Tribe water rights settlement 19

agreement and this Act, is authorized to execute a 20

waiver and release of any claims against the State 21

(or any agency or political subdivision of the State), 22

the Hualapai Tribe, and any other individual, entity, 23

corporation, or municipal corporation under Federal, 24

State, or other law, for all— 25


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•HR 2459 IH

(A) past, present, and future claims for 1

water rights, including rights to Colorado River 2

water, for the allotments, arising from time im-3

memorial and, thereafter, forever; 4

(B) past, present, and future claims for 5

water rights, including rights to Colorado River 6

water, arising from time immemorial and, 7

thereafter, forever, that are based on the ab-8

original occupancy of land by the allottees or 9

predecessors of the allottees; 10

(C) past and present claims for injury to 11

water rights, including injury to rights to Colo-12

rado River water, for the allotments, arising 13

from time immemorial through the enforce-14

ability date; 15

(D) past, present, and future claims for in-16

jury to water rights, if any, including injury to 17

rights to Colorado River water, arising from 18

time immemorial and, thereafter, forever, that 19

are based on the aboriginal occupancy of land 20

by the allottees or predecessors of the allottees; 21

(E) claims for injury to water rights, in-22

cluding injury to rights to Colorado River 23

water, arising after the enforceability date, for 24

the allotments, resulting from the off-Reserva-25


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•HR 2459 IH

tion diversion or use of water in a manner not 1

in violation of the Hualapai Tribe water rights 2

settlement agreement or State law; 3

(F) past, present, and future claims aris-4

ing out of, or relating in any manner to, the ne-5

gotiation, execution, or adoption of the 6


ment, any judgment or decree approving or in-8

corporating the Hualapai Tribe water rights 9

settlement agreement, or this Act; and 10

(G) claims for any water rights of the 11

allottees or the United States acting as trustee 12

for the allottees with respect to— 13

(i) Parcel 1, in excess of 82 AFY; or 14

(ii) Parcel 2, in excess of 312 AFY. 15

(2) EFFECTIVE DATE.—The waiver and release 16

of claims under subparagraph (A) shall take effect 17

on the enforceability date. 18

(3) RETENTION OF CLAIMS.—Notwithstanding 19

the waiver and release of claims described in para-20

graph (1), the United States, acting as trustee for 21

the allottees of the Hualapai Tribe, shall retain any 22

right— 23

(A) subject to subparagraph 12.7 of the 24



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•HR 2459 IH

ment, to assert claims for injuries to, and seek 1

enforcement of, the rights of the allottees, if 2

any, under the Hualapai Tribe water rights set-3

tlement agreement or this Act in any Federal or 4

State court of competent jurisdiction; 5

(B) to assert claims for injuries to, and 6

seek enforcement of, the rights of the allottees 7

under any judgment or decree approving or in-8


settlement agreement; 10

(C) to object to any claims for water rights 11

or injury to water rights by or for— 12

(i) any Indian tribe other than the 13

Hualapai Tribe; or 14

(ii) the United States, acting on be-15

half of any Indian tribe other than the 16

Hualapai Tribe; 17

(D) to assert past, present, or future 18

claims for injury to water rights against— 19

(i) any Indian tribe other than the 20


(ii) the United States, acting on be-22

half of any Indian tribe other than the 23

Hualapai Tribe; and 24


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•HR 2459 IH

(E) to assert claims for injuries to, and 1

seek enforcement of, the rights of the allottees 2

under the Bill Williams agreements or the Bill 3

Williams Act in any Federal or State court of 4

competent jurisdiction. 5

(c) WAIVER AND RELEASE OF CLAIMS BY UNITED 6

STATES AGAINST HUALAPAI TRIBE.— 7


graph (3), the United States, in all capacities (ex-9

cept as trustee for an Indian tribe other than the 10

Hualapai Tribe), as part of the performance of the 11

obligations of the United States under the Hualapai 12

Tribe water rights settlement agreement and this 13

Act, is authorized to execute a waiver and release of 14

all claims against the Hualapai Tribe, the members 15

of the Hualapai Tribe, or any agency, official, or 16

employee of the Hualapai Tribe, under Federal, 17

State or any other law for all— 18

(A) past and present claims for injury to 19

water rights, including injury to rights to Colo-20

rado River water, resulting from the diversion 21

or use of water on Hualapai land arising from 22

time immemorial through the enforceability 23

date; 24


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•HR 2459 IH

(B) claims for injury to water rights, in-1

cluding injury to rights to Colorado River 2

water, arising after the enforceability date, re-3

sulting from the diversion or use of water on 4

Hualapai land in a manner that is not in viola-5

tion of the Hualapai Tribe water rights settle-6

ment agreement or State law; and 7

(C) past, present, and future claims aris-8

ing out of, or related in any manner to, the ne-9

gotiation, execution, or adoption of the 10


ment, any judgment or decree approving or in-12


settlement agreement, or this Act. 14

(2) EFFECTIVE DATE.—The waiver and release 15

of claims described in paragraph (1) shall take effect 16

on the enforceability date. 17

(3) RETENTION OF CLAIMS.—Notwithstanding 18

the waiver and release of claims described in para-19

graph (1), the United States shall retain any right 20

to assert any claim not expressly waived in accord-21

ance with paragraph (1), including any right to as-22

sert a claim for injury to, and seek enforcement of, 23

any right of the United States under the Bill Wil-24


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•HR 2459 IH

liams agreements or the Bill Williams Act, in any 1

Federal or State court of competent jurisdiction. 2

(d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS 3

SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE-4

TENTION OF CLAIMS.— 5

(1) CLAIMS AGAINST FREEPORT.— 6


subparagraph (C), the United States, acting 8

solely on behalf of the Department of the Inte-9

rior (including the Bureau of Land Manage-10

ment and the United States Fish and Wildlife 11

Service), as part of the performance of the obli-12

gations of the United States under the Bill Wil-13

liams River phase 2 water rights settlement 14

agreement, is authorized to execute a waiver 15

and release of all claims of the United States 16

against Freeport under Federal, State, or any 17

other law for— 18

(i) any past or present claim for in-19

jury to water rights resulting from— 20

(I) the diversion or use of water 21

by Freeport pursuant to the water 22

rights described in Exhibit 4.1(ii) to 23

the Bill Williams River phase 2 water 24

rights settlement agreement; and 25


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•HR 2459 IH

(II) any other diversion or use of 1

water for mining purposes authorized 2

by the Bill Williams River phase 2 3


(ii) any claim for injury to water 5

rights arising after the enforceability date 6

described in section 12(d) resulting from— 7

(I) the diversion or use of water 8

by Freeport pursuant to the water 9

rights described in Exhibit 4.1(ii) to 10


rights settlement agreement in a man-12

ner not in violation of the Bill Wil-13

liams River phase 2 water rights set-14

tlement agreement; 15

(II) the diversion of up to 2,500 16

AFY of water by Freeport from Syca-17

more Creek as permitted by section 18

4.3(iv) of the Bill Williams River 19

phase 2 water rights settlement agree-20

ment; and 21

(III) any other diversion or use 22

of water by Freeport authorized by 23


rights settlement agreement, subject 25


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•HR 2459 IH

to the condition that such a diversion 1

and use of water is conducted in a 2

manner not in violation of the Bill 3

Williams River phase 2 water rights 4

settlement agreement; and 5

(iii) any past, present, or future claim 6


to, the negotiation or execution of the Bill 8

Williams River phase 2 water rights settle-9

ment agreement, the Hualapai Tribe water 10

rights settlement agreement, or this Act. 11


release of claims under subparagraph (A) shall 13

take effect on the enforceability date described 14

in section 12(d). 15

(C) RETENTION OF CLAIMS.—The United 16

States shall retain all rights not expressly 17

waived in the waiver and release of claims 18

under subparagraph (A), including, subject to 19

section 6.4 of the Bill Williams River phase 2 20

water rights settlement agreement, the right to 21

assert a claim for injury to, and seek enforce-22

ment of, the Bill Williams River phase 2 water 23

rights settlement agreement or this Act, in any 24


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•HR 2459 IH

Federal or State court of competent jurisdiction 1

(but not a tribal court). 2

(2) NO PRECEDENTIAL EFFECT.— 3

(A) PENDING AND FUTURE PRO-4

CEEDINGS.—The Bill Williams River phase 2 5

water rights settlement agreement shall have no 6

precedential effect in any other administrative 7

or judicial proceeding, including— 8

(i) any pending or future general 9

stream adjudication, or any other litigation 10

involving Freeport or the United States, 11

including any proceeding to establish or 12

quantify a Federal reserved water right; 13

(ii) any pending or future administra-14

tive or judicial proceeding relating to an 15

application— 16

(I) to appropriate water (for 17

instream flow or other purposes); 18

(II) to sever and transfer a water 19

right; 20

(III) to change a point of diver-21

sion; or 22

(IV) to change a place of use for 23

any water right; or 24


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•HR 2459 IH

(iii) any proceeding regarding water 1

rights or a claim relating to any Federal 2

land. 3

(B) NO METHODOLOGY OR STANDARD.— 4

Nothing in the Bill Williams River phase 2 5

water rights settlement agreement establishes 6

any standard or methodology to be used for the 7

quantification of any claim to water rights 8

(whether based on Federal or State law) in any 9

judicial or administrative proceeding, other than 10

a proceeding to enforce the terms of the Bill 11

Williams River phase 2 water rights settlement 12

agreement. 13

SEC. 8. SATISFACTION OF WATER RIGHTS AND OTHER BEN-14

EFITS. 15

(a) HUALAPAI TRIBE AND MEMBERS.— 16

(1) IN GENERAL.—The benefits realized by the 17

Hualapai Tribe and the members of the Hualapai 18

Tribe (but not members in the capacity of the mem-19

bers as allottees) under the Hualapai Tribe water 20

rights settlement agreement, this Act, the Bill Wil-21

liams agreements, and the Bill Williams Act shall be 22

in full satisfaction of all claims of the Hualapai 23

Tribe, the members of the Hualapai Tribe, and the 24

United States, acting in the capacity of the United 25


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•HR 2459 IH

States as trustee for the Hualapai Tribe and the 1

members of the Hualapai Tribe, for water rights and 2

injury to water rights under Federal, State, or other 3

law with respect to Hualapai land. 4

(2) SATISFACTION.—Any entitlement to water 5

of the Hualapai Tribe and the members of the 6

Hualapai Tribe (but not members in the capacity of 7

the members as allottees) or the United States, act-8

ing in the capacity of the United States as trustee 9

for the Hualapai Tribe and the members of the 10

Hualapai Tribe, for Hualapai land shall be satisfied 11

out of the water resources and other benefits grant-12

ed, confirmed, quantified, or recognized by the 13


this Act, the Bill Williams agreements, and the Bill 15

Williams Act to or for the Hualapai Tribe, the mem-16

bers of the Hualapai Tribe, and the United States, 17

acting in the capacity of the United States as trust-18

ee for the Hualapai Tribe and the members of the 19

Hualapai Tribe. 20

(b) ALLOTTEE WATER CLAIMS.— 21

(1) IN GENERAL.—The benefits realized by the 22

allottees of the Hualapai Tribe under the Hualapai 23

Tribe water rights settlement agreement, this Act, 24

the Bill Williams agreements, and the Bill Williams 25


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•HR 2459 IH

Act shall be in complete replacement of and substi-1

tution for, and full satisfaction of, all claims with re-2

spect to allotments of the allottees and the United 3

States, acting in the capacity of the United States 4

as trustee for the allottees, for water rights and in-5

jury to water rights under Federal, State, or other 6

law. 7

(2) SATISFACTION.—Any entitlement to water 8

of the allottees or the United States, acting in the 9

capacity of the United States as trustee for the 10

allottees, for allotments shall be satisfied out of the 11

water resources and other benefits granted, con-12

firmed or recognized by the Hualapai Tribe water 13

rights settlement agreement, this Act, the Bill Wil-14

liams agreements, and the Bill Williams Act to or 15

for the allottees and the United States, acting as 16

trustee for the allottees. 17

(c) EFFECT.—Notwithstanding subsections (a) and 18

(b), nothing in this Act or the Hualapai Tribe water rights 19

settlement agreement— 20

(1) recognizes or establishes any right of a 21

member of the Hualapai Tribe or an allottee to 22

water on Hualapai land; or 23


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•HR 2459 IH

(2) prohibits the Hualapai Tribe or an allottee 1

from acquiring additional water rights by purchase 2

of land, credits, or water rights. 3

SEC. 9. LAND ADDED TO HUALAPAI RESERVATION. 4

The following land in the State is added to the 5

Hualapai Reservation: 6

(1) The land held in trust by the United States 7

for the Hualapai Tribe by the first section of Public 8

Law 93–560 (88 Stat. 1820). 9

(2) The land deeded to the United States in the 10

capacity of the United States as trustee for the 11

Hualapai Tribe pursuant to the 1947 judgment. 12

SEC. 10. TRUST LAND. 13

(a) NEW TRUST LAND.—Beginning on the date of 14

enactment of this Act, the Secretary shall accept the con-15

veyance of, and hold in trust for the benefit of the 16

Hualapai Tribe, the following parcels of land owned in fee 17

as of that date of enactment by the Hualapai Tribe: 18

(1) CHOLLA CANYON RANCH PARCELS.—In T. 19

16 N., R. 13 W., Gila and Salt River Base and Me-20

ridian, Mohave County, Arizona— 21

(A) SW1⁄4 sec. 25; and 22

(B) NE1⁄4 and NE1⁄4SE1⁄4 sec. 35. 23

(2) TRUXTON TRIANGLE.—That portion of the 24

S1⁄2 sec. 3, lying south of the south boundary of the 25


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•HR 2459 IH

Hualapai Reservation and north of the north right- 1

of-way boundary of Arizona Highway 66, and 2

bounded by the west section line of that sec. 3 and 3

the south section line of that sec. 3, T. 24 N., R. 4

12 W., Gila and Salt River Base and Meridian, Mo-5

have County, Arizona. 6

(3) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 7


ridian, Mohave County, Arizona. 9

(4) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 10

14 W., Gila and Salt River Base and Meridian, Mo-11

have County, Arizona— 12

(A) NE1⁄4SW1⁄4 sec. 9; and 13

(B) NW1⁄4SE 1⁄4 sec. 27. 14

(5) HUNT PARCEL 3.—SW1⁄4NE1⁄4 sec. 25, T. 15


ridian, Mohave County, Arizona. 17

(b) FUTURE TRUST LAND.— 18

(1) NEW STATUTORY REQUIREMENT.—Effective 19

beginning on the date of enactment of this Act, any 20

land located in the State outside the exterior bound-21

aries of the Hualapai Reservation may only be taken 22

into trust by the United States for the benefit of the 23

Hualapai Tribe by an Act of Congress— 24


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•HR 2459 IH

(A) that specifically authorizes the transfer 1

of the land for the benefit of the Hualapai 2

Tribe; and 3

(B) the date of enactment of which is after 4

the date of enactment of this Act. 5

(2) WATER RIGHTS.—Any land taken into trust 6

for the benefit of the Hualapai Tribe under para-7

graph (1)— 8

(A) shall include water rights only under 9

State law; and 10

(B) shall not include any federally reserved 11

water rights. 12

SEC. 11. REALLOCATION OF CAP NIA PRIORITY WATER; 13

FIRMING; WATER DELIVERY CONTRACT; COL-14

ORADO RIVER ACCOUNTING. 15

(a) REALLOCATION TO THE HUALAPAI TRIBE.—On 16

the enforceability date, the Secretary shall reallocate to 17

the Hualapai Tribe the Hualapai Tribe CAP water. 18

(b) FIRMING.— 19

(1) HUALAPAI TRIBE CAP WATER.—Except as 20

provided in subsection (c)(2)(H), the Hualapai Tribe 21

CAP water shall be firmed as follows: 22

(A) In accordance with section 23

105(b)(1)(B) of the Arizona Water Settlements 24

Act (Public Law 108–451; 118 Stat. 3492), for 25


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•HR 2459 IH

the 100-year period beginning on January 1, 1

2008, the Secretary shall firm 557.50 AFY of 2

the Hualapai Tribe CAP water to the equiva-3

lent of CAP M&I priority water. 4

(B) In accordance with section 5

105(b)(2)(B) of the Arizona Water Settlements 6

Act (Public Law 108–451; 118 Stat. 3492), for 7

the 100-year period beginning on January 1, 8

2008, the State shall firm 557.50 AFY of the 9

Hualapai Tribe CAP water to the equivalent of 10

CAP M&I priority water. 11

(2) ADDITIONAL FIRMING.—The Hualapai 12

Tribe may, at the expense of the Hualapai Tribe, 13

take additional actions to firm or supplement the 14

Hualapai Tribe CAP water, including by entering 15

into agreements for that purpose with the Central 16

Arizona Water Conservation District, the Arizona 17

Water Banking Authority, or any other lawful au-18

thority, in accordance with State law. 19

(c) HUALAPAI TRIBE WATER DELIVERY CON-20

TRACT.— 21

(1) IN GENERAL.—In accordance with the 22


and the requirements described in paragraph (2), 24


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the Secretary shall enter into the Hualapai Tribe 1

water delivery contract. 2

(2) REQUIREMENTS.—The requirements re-3

ferred to in paragraph (1) are the following: 4

(A) IN GENERAL.—The Hualapai Tribe 5

water delivery contract shall— 6

(i) be for permanent service (as that 7

term is used in section 5 of the Boulder 8

Canyon Project Act (43 U.S.C. 617d)); 9

(ii) take effect on the enforceability 10

date; and 11

(iii) be without limit as to term. 12

(B) HUALAPAI TRIBE CAP WATER.— 13

(i) IN GENERAL.—The Hualapai 14

Tribe CAP water may be delivered for use 15

in the lower basin in Arizona through— 16

(I) the Hualapai Water Project; 17

or 18

(II) the CAP system. 19

(ii) METHOD OF DELIVERY.—The 20

Secretary shall authorize the delivery of 21

Hualapai Tribe CAP water under this 22

clause to be effected by the diversion and 23

use of water directly from the Colorado 24

River in Arizona. 25


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(C) CONTRACTUAL DELIVERY.—The Sec-1

retary shall deliver the Hualapai Tribe CAP 2

water to the Hualapai Tribe in accordance with 3

the terms and conditions of the Hualapai Tribe 4

water delivery contract. 5

(D) DISTRIBUTION OF CAP NIA PRIORITY 6

WATER.— 7

(i) IN GENERAL.—Except as provided 8

in clause (ii), if, for any year, the available 9

CAP supply is insufficient to meet all de-10

mands under CAP contracts and CAP sub-11

contracts for the delivery of CAP NIA pri-12

ority water, the Secretary and the CAP op-13

erating agency shall prorate the available 14

CAP NIA priority water among the CAP 15

contractors and CAP subcontractors hold-16

ing contractual entitlements to CAP NIA 17

priority water on the basis of the quantity 18

of CAP NIA priority water used by each 19

such CAP contractor and CAP subcon-20

tractor in the last year in which the avail-21

able CAP supply was sufficient to fill all 22

orders for CAP NIA priority water. 23

(ii) EXCEPTION.— 24


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(I) IN GENERAL.—Notwith-1

standing clause (i), if the available 2

CAP supply is insufficient to meet all 3

demands under CAP contracts and 4

CAP subcontracts for the delivery of 5

CAP NIA priority water in the year 6

following the year in which the en-7

forceability date occurs, the Secretary 8

shall assume that the Hualapai Tribe 9

used the full volume of Hualapai 10

Tribe CAP water in the last year in 11

which the available CAP supply was 12

sufficient to fill all orders for CAP 13

NIA priority water. 14

(II) CONTINUATION.—The as-15

sumption described in subclause (I) 16

shall continue until the available CAP 17

supply is sufficient to meet all de-18

mands under CAP contracts and CAP 19

subcontracts for the delivery of CAP 20

NIA priority water. 21

(III) DETERMINATION.—The 22

Secretary shall determine the quantity 23

of CAP NIA priority water used by 24

the Gila River Indian Community and 25


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the Tohono O’odham Nation in the 1

last year in which the available CAP 2

supply was sufficient to fill all orders 3

for CAP NIA priority water in a man-4

ner consistent with the settlement 5

agreements with those tribes. 6

(E) LEASES AND EXCHANGES OF 7

HUALAPAI TRIBE CAP WATER.—On and after 8

the date on which the Hualapai Tribe water de-9

livery contract becomes effective, the Hualapai 10

Tribe may, with the approval of the Secretary, 11

enter into contracts or options to lease, or con-12

tracts or options to exchange, the Hualapai 13

Tribe CAP water within the lower basin in Ari-14

zona, providing for the temporary delivery to 15

other persons of any portion of Hualapai Tribe 16

CAP water. 17

(F) TERM OF LEASES AND EXCHANGES.— 18

(i) LEASING.—Contracts to lease and 19

options to lease under subparagraph (E) 20

shall be for a term of not more than 100 21

years. 22

(ii) EXCHANGING.—Contracts to ex-23

change and options to exchange under sub-24

paragraph (E) shall be for the term pro-25


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vided for in the contract or option, as ap-1

plicable. 2

(iii) RENEGOTIATION.—The Hualapai 3

Tribe may, with the approval of the Sec-4

retary, renegotiate any lease described in 5

subparagraph (E), at any time during the 6

term of the lease, if the term of the re-7

negotiated lease does not exceed 100 years. 8

(G) PROHIBITION ON PERMANENT ALIEN-9

ATION.—No Hualapai Tribe CAP water may be 10

permanently alienated. 11

(H) NO FIRMING OF LEASED WATER.— 12

The firming obligations described in subsection 13

(b)(1) shall not apply to any Hualapai Tribe 14

CAP water leased by the Hualapai Tribe to an-15

other person. 16

(I) ENTITLEMENT TO LEASE AND EX-17

CHANGE FUNDS; OBLIGATIONS OF UNITED 18

STATES.— 19

(i) ENTITLEMENT.— 20

(I) IN GENERAL.—The Hualapai 21

Tribe shall be entitled to all consider-22

ation due to the Hualapai Tribe under 23

any contract to lease, option to lease, 24

contract to exchange, or option to ex-25


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change the Hualapai Tribe CAP water 1

entered into by the Hualapai Tribe. 2

(II) EXCLUSION.—The United 3

States shall not, in any capacity, be 4

entitled to the consideration described 5

in subclause (I). 6

(ii) OBLIGATIONS OF UNITED 7

STATES.—The United States shall not, in 8

any capacity, have any trust or other obli-9

gation to monitor, administer, or account 10

for, in any manner, any funds received by 11

the Hualapai Tribe as consideration under 12

any contract to lease, option to lease, con-13

tract exchange, or option to exchange the 14

Hualapai Tribe CAP water entered into by 15

the Hualapai Tribe, except in a case in 16

which the Hualapai Tribe deposits the pro-17

ceeds of any lease, option to lease, ex-18

change, or option to exchange into an ac-19

count held in trust for the Hualapai Tribe 20

by the United States. 21

(J) WATER USE AND STORAGE.— 22

(i) IN GENERAL.—The Hualapai 23

Tribe may use the Hualapai Tribe CAP 24

water on or off the Hualapai Reservation 25


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•HR 2459 IH

within the lower basin in Arizona for any 1

purpose. 2

(ii) STORAGE.—The Hualapai Tribe, 3

in accordance with State law, may store 4

the Hualapai Tribe CAP water at one or 5

more underground storage facilities or 6

groundwater savings facilities, subject to 7

the condition that, if the Hualapai Tribe 8

stores Hualapai Tribe CAP water that has 9

been firmed pursuant to subsection (b)(1), 10

the stored water may only be— 11

(I) used by the Hualapai Tribe; 12

or 13

(II) exchanged by the Hualapai 14

Tribe for water that will be used by 15

the Hualapai Tribe. 16

(iii) ASSIGNMENT.—The Hualapai 17

Tribe, in accordance with State law, may 18

assign any long-term storage credit ac-19

crued as a result of storage described in 20

clause (ii), subject to the condition that the 21

Hualapai Tribe shall not assign any long- 22

term storage credit accrued as a result of 23

the storage of Hualapai Tribe CAP water 24


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that has been firmed pursuant to sub-1

section (b)(1). 2

(K) USE OUTSIDE STATE.—The Hualapai 3

Tribe may not use, lease, exchange, forbear, or 4

otherwise transfer any Hualapai Tribe CAP 5

water for use directly or indirectly outside of 6

the lower basin in Arizona. 7

(L) CAP FIXED OM&R CHARGES.— 8

(i) IN GENERAL.—The CAP operating 9

agency shall be paid the CAP fixed OM&R 10

charges associated with the delivery of all 11

the Hualapai Tribe CAP water. 12

(ii) PAYMENT OF CHARGES.—Except 13

as provided in subparagraph (O), all CAP 14

fixed OM&R charges associated with the 15

delivery of the Hualapai Tribe CAP water 16

to the Hualapai Tribe shall be paid by— 17

(I) the Secretary, pursuant to 18

section 403(f)(2)(A) of the Colorado 19

River Basin Project Act (43 U.S.C. 20

1543(f)(2)(A)), subject to the condi-21

tion that funds for that payment are 22

available in the Lower Colorado River 23

Basin Development Fund; and 24


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(II) if the funds described in sub-1

clause (I) become unavailable, the 2

Hualapai Tribe. 3

(M) CAP PUMPING ENERGY CHARGES.— 4

(i) IN GENERAL.—The CAP operating 5

agency shall be paid the CAP pumping en-6

ergy charges associated with the delivery of 7

all the Hualapai Tribe CAP water only in 8

cases in which the CAP system is used for 9

the delivery of that water. 10

(ii) PAYMENT OF CHARGES.—Except 11

for CAP water not delivered through the 12

CAP system, which does not incur a CAP 13

pumping energy charge, or water delivered 14

to other persons as described in subpara-15

graph (O), any applicable CAP pumping 16

energy charges associated with the delivery 17

of the Hualapai Tribe CAP water shall be 18

paid by the Hualapai Tribe. 19

(N) WAIVER OF PROPERTY TAX EQUIVA-20

LENCY PAYMENTS.—No property tax or in-lieu 21

property tax equivalency shall be due or payable 22

by the Hualapai Tribe for the delivery of CAP 23

water or for the storage of CAP water in an un-24


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•HR 2459 IH

derground storage facility or groundwater sav-1

ings facility. 2

(O) LESSEE RESPONSIBILITY FOR 3

CHARGES.— 4

(i) IN GENERAL.—Any lease or option 5

to lease providing for the temporary deliv-6

ery to other persons of any Hualapai Tribe 7

CAP water shall require the lessee to pay 8

the CAP operating agency all CAP fixed 9

OM&R charges and all CAP pumping en-10

ergy charges associated with the delivery of 11

the leased water. 12

(ii) NO RESPONSIBILITY FOR PAY-13

MENT.—Neither the Hualapai Tribe nor 14

the United States in any capacity shall be 15

responsible for the payment of any charges 16

associated with the delivery of the 17

Hualapai Tribe CAP water leased to other 18

persons. 19

(P) ADVANCE PAYMENT.—No Hualapai 20

Tribe CAP water shall be delivered unless the 21

CAP fixed OM&R charges and any applicable 22

CAP pumping energy charges associated with 23

the delivery of that water have been paid in ad-24

vance. 25


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(Q) CALCULATION.—The charges for deliv-1

ery of the Hualapai Tribe CAP water pursuant 2

to the Hualapai Tribe water delivery contract 3

shall be calculated in accordance with the CAP 4

repayment stipulation. 5

(R) CAP REPAYMENT.—For purposes of 6

determining the allocation and repayment of 7

costs of any stages of the CAP system con-8

structed after November 21, 2007, the costs as-9

sociated with the delivery of the Hualapai Tribe 10

CAP water, regardless of whether the Hualapai 11

Tribe CAP water is delivered for use by the 12

Hualapai Tribe or in accordance with any lease, 13

option to lease, exchange, or option to exchange 14

providing for the delivery to other persons of 15

the Hualapai Tribe CAP water, shall be— 16

(i) nonreimbursable; and 17

(ii) excluded from the repayment obli-18

gation of the Central Arizona Water Con-19

servation District. 20

(S) NONREIMBURSABLE CAP CONSTRUC-21

TION COSTS.— 22

(i) IN GENERAL.—With respect to the 23

costs associated with the construction of 24


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the CAP system allocable to the Hualapai 1

Tribe— 2

(I) the costs shall be nonreim-3

bursable; and 4

(II) the Hualapai Tribe shall 5

have no repayment obligation for the 6

costs. 7

(ii) CAPITAL CHARGES.—No CAP 8

water service capital charges shall be due 9

or payable for the Hualapai Tribe CAP 10

water, regardless of whether the water— 11

(I) is delivered for use by the 12


(II) is delivered under any lease, 14

option to lease, exchange, or option to 15

exchange the Hualapai Tribe CAP 16

water entered into by the Hualapai 17

Tribe. 18

(d) COLORADO RIVER ACCOUNTING.—All Hualapai 19

Tribe CAP water diverted directly from the Colorado 20

River shall be accounted for as deliveries of CAP water 21

within the State. 22

SEC. 12. ENFORCEABILITY DATE. 23

(a) IN GENERAL.—Except as provided in subsection 24

(d), the Hualapai Tribe water rights settlement agree-25


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ment, including the waivers and releases of claims de-1

scribed in section 7, shall take effect and be fully enforce-2

able, and construction of the Hualapai Water Project may 3

begin, on the date on which the Secretary publishes in the 4

Federal Register a statement of findings that— 5

(1) to the extent that the Hualapai Tribe water 6

rights settlement agreement conflicts with this Act— 7

(A) the Hualapai Tribe water rights settle-8

ment agreement has been revised through an 9

amendment to eliminate the conflict; and 10

(B) the revised Hualapai Tribe water 11

rights settlement agreement, including any ex-12

hibit to that agreement requiring execution by 13

any party to the agreement, has been executed 14

by the required party; 15

(2) the waivers and releases of claims described 16

in section 7 have been executed by the Hualapai 17

Tribe and the United States; 18

(3) the abstracts referenced in subparagraphs 19

4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 20

water rights settlement agreement have been com-21

pleted by the Hualapai Tribe; 22

(4) the full amount described in section 23

6(b)(6)(A), as adjusted by section 6(b)(6)(B), has 24


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been deposited in the Hualapai Water Project Ac-1

count; 2

(5) the full amount described in section 3

6(c)(4)(A), as adjusted by section 6(c)(4)(B), has 4

been deposited in the Hualapai OM&R Trust Ac-5

count; 6

(6) the full amounts described in paragraphs 7

(5)(B)(i) and (7)(B)(i) of section 6(a) have been ap-8

propriated; 9

(7) the Gila River adjudication decree has been 10

approved by the Gila River adjudication court sub-11

stantially in the form of the judgment and decree at-12

tached to the Hualapai Tribe water rights settlement 13

agreement as exhibit 3.1.43; 14

(8) the Secretary has executed the Hualapai 15

Tribe water delivery contract described in section 16

11(c); and 17

(9) the Secretary has issued a final Record of 18

Decision approving the construction of the Hualapai 19

Water Project in a configuration substantially as de-20

scribed in section 6. 21

(b) REPEAL ON FAILURE TO MEET ENFORCE-22

ABILITY DATE.— 23


graph (2), if the Secretary fails to publish in the 25


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Federal Register a statement of findings under sub-1

section (a) by April 15, 2029— 2

(A) this Act is repealed; and 3

(B)(i) any action taken by the Secretary 4

and any contract or agreement entered into 5

pursuant to this Act shall be void; and 6

(ii) any amounts appropriated under sec-7

tion 6, together with any investment earnings 8

on those amounts, less any amounts expended 9

under section 6(a)(9)(B), shall revert imme-10

diately to the general fund of the Treasury. 11

(2) SEVERABILITY.—Notwithstanding para-12

graph (1), if the Secretary fails to publish in the 13

Federal Register a statement of findings under sub-14

section (a) by April 15, 2029, sections 9 and 10(a) 15

shall remain in effect. 16

(c) RIGHT TO OFFSET.—If the Secretary has not 17

published in the Federal Register the statement of find-18

ings under subsection (a) by April 15, 2029, the United 19

States shall be entitled to offset any Federal amounts 20

made available under section 6(a)(9) that were used or 21

authorized for any use under that subsection against any 22

claim asserted by the Hualapai Tribe against the United 23

States described in section 7(a)(2)(A). 24


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(d) ENFORCEABILITY DATE FOR BILL WILLIAMS 1

RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREE-2

MENT.—Notwithstanding any other provision of this Act, 3

the Bill Williams River phase 2 water rights settlement 4

agreement (including the waivers and releases described 5

in section 7(d) of this Act and section 5 of the Bill Wil-6

liams River phase 2 water rights settlement agreement) 7

shall take effect and become enforceable among the parties 8

to the Bill Williams River phase 2 water rights settlement 9

agreement on the date on which all of the following condi-10

tions have occurred: 11

(1) The Hualapai Tribe water rights settlement 12

agreement becomes enforceable pursuant to sub-13

section (a). 14

(2) Freeport has submitted to the Arizona De-15

partment of Water Resources a conditional with-16

drawal of any objection to the Bill Williams River 17

watershed instream flow applications pursuant to 18

section 4.4(i) of the Bill Williams River phase 2 19

water rights settlement agreement, which withdrawal 20

shall take effect on the enforceability date described 21

in this subsection. 22

(3) Not later than the enforceability date de-23

scribed in subsection (a), the Arizona Department of 24

Water Resources has issued an appealable, condi-25


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•HR 2459 IH

tional decision and order for the Bill Williams River 1

watershed instream flow applications pursuant to 2

section 4.4(iii) of the Bill Williams River phase 2 3

water rights settlement agreement, which order shall 4

become nonconditional and effective on the enforce-5

ability date described in this subsection. 6

(4) The conditional decision and order de-7

scribed in paragraph (3)— 8

(A) becomes final; and 9

(B) is not subject to any further appeal. 10

SEC. 13. ADMINISTRATION. 11

(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 12

(1) WAIVER.— 13

(A) IN GENERAL.—In any circumstance 14

described in paragraph (2)— 15

(i) the United States or the Hualapai 16

Tribe may be joined in the action described 17

in the applicable subparagraph of that 18

paragraph; and 19

(ii) subject to subparagraph (B), any 20

claim by the United States or the Hualapai 21

Tribe to sovereign immunity from the ac-22

tion is waived. 23

(B) LIMITATION.—A waiver under sub-24

paragraph (A)(ii)— 25


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(i) shall only be for the limited and 1

sole purpose of the interpretation or en-2

forcement of— 3

(I) this Act; 4

(II) the Hualapai Tribe water 5

rights settlement agreement; or 6

(III) in accordance with para-7

graph (2)(D)— 8

(aa) the Bill Williams Act; 9

or 10

(bb) the Bill Williams agree-11

ments; and 12

(ii) shall not include any award 13

against the Hualapai Tribe for money 14

damages, court costs, or attorneys fees. 15

(2) CIRCUMSTANCES DESCRIBED.—A cir-16

cumstance referred to in paragraph (1)(A) is any of 17

the following: 18

(A) Any party to the Hualapai Tribe water 19

rights settlement agreement— 20

(i) brings an action in any Federal or 21

State court relating only and directly to 22

the interpretation or enforcement of— 23

(I) this Act; or 24


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(II) the Hualapai Tribe water 1

rights settlement agreement; and 2

(ii) names the United States or the 3

Hualapai Tribe as a party in that action. 4

(B) Any landowner or water user in the 5

Verde River Watershed or the Colorado River 6

basin within the State of Arizona— 7




(I) paragraph 10.0 of the 11

Hualapai Tribe water rights settle-12

ment agreement; or 13

(II) section 7; and 14



(C) The State of California or the State of 17

Nevada— 18



the interpretation or enforcement of a pro-21

vision relating to the Colorado River 22

under— 23


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(I) paragraph 10.0 of the 1

Hualapai Tribe water rights settle-2

ment agreement; or 3

(II) section 7; and 4



(D) Any party to the Bill Williams agree-7

ments— 8




(I) the Bill Williams Act; or 12

(II) the Bill Williams agree-13

ments; and 14



(b) ANTIDEFICIENCY.—Notwithstanding any author-17

ization of appropriations to carry out this Act, the United 18

States shall not be liable for any failure of the United 19

States to carry out any obligation or activity authorized 20

by this Act (including all titles and all agreements or ex-21

hibits ratified or confirmed by this Act) if— 22

(1) adequate appropriations are not provided 23

expressly by Congress to carry out the purposes of 24

this Act; or 25


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•HR 2459 IH

(2) there are not enough monies available to 1

carry out this Act in the Lower Colorado River 2

Basin Development Fund established by section 3

403(a) of the Colorado River Basin Project Act (43 4

U.S.C. 1543(a)). 5

(c) APPLICATION OF RECLAMATION REFORM ACT OF 6

1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 7

390aa et seq.) and any other acreage limitation or full- 8

cost pricing provision of Federal law shall not apply to 9

any person, entity, or tract of land solely on the basis of— 10

(1) receipt of any benefit under this Act; 11

(2) execution or performance of this Act; or 12

(3) the use, storage, delivery, lease, or exchange 13

of CAP water. 14

(d) EFFECT.— 15

(1) DEFINITION OF COLORADO RIVER 16

WATER.—The definition of ‘‘Colorado River water’’ 17

contained in section 3, or in any provision of the 18

Hualapai Tribe water rights settlement agreement— 19

(A) shall only be used for purposes of in-20

terpreting this Act or the Hualapai Tribe water 21

rights settlement agreement, as applicable; and 22

(B) shall not be used for any interpreta-23

tion of any other applicable provision of Federal 24

law, including— 25


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(i) the Colorado River Compact; 1

(ii) section 5 of the Boulder Canyon 2

Project Act (43 U.S.C. 617d); 3

(iii) the Colorado River Basin Project 4

Act (Public Law 90–537; 82 Stat. 885); 5

and 6

(iv) any contract or agreement en-7

tered into pursuant a law described in 8

clause (i), (ii), or (iii). 9

(2) NO MODIFICATION OR PREEMPTION OF 10

OTHER LAW.—Unless expressly provided in this Act, 11

nothing in this Act modifies, conflicts with, pre-12

empts, or otherwise affects— 13

(A) the Boulder Canyon Project Act (43 14

U.S.C. 617 et seq.); 15

(B) the Boulder Canyon Project Adjust-16

ment Act (43 U.S.C. 618 et seq.); 17

(C) the Act of April 11, 1956 (commonly 18

known as the ‘‘Colorado River Storage Project 19

Act’’ (43 U.S.C. 620 et seq.)); 20

(D) the Colorado River Basin Project Act 21

(Public Law 90–537; 82 Stat. 885); 22

(E) the Treaty between the United States 23

of America and Mexico respecting utilization of 24

waters of the Colorado and Tijuana Rivers and 25


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of the Rio Grande, signed at Washington Feb-1

ruary 3, 1944 (59 Stat. 1219); 2

(F) the Colorado River Compact; 3

(G) the Upper Colorado River Basin Com-4

pact; 5

(H) the Omnibus Public Land Manage-6

ment Act of 2009 (Public Law 111–11; 123 7

Stat. 991); or 8

(I) case law concerning water rights in the 9

Colorado River system other than any case to 10

enforce the Hualapai Tribe water rights settle-11

ment agreement or this Act. 12

(3) EFFECT ON AGREEMENTS.—Nothing in this 13

Act or the Hualapai Tribe water rights settlement 14

agreement limits the right of the Hualapai Tribe to 15

enter into any agreement for the storage or banking 16

of water in accordance with State law with— 17

(A) the Arizona Water Banking Authority 18

(or a successor agency or entity); or 19

(B) any other lawful authority. 20

(4) EFFECT OF ACT.—Nothing in this Act— 21

(A) quantifies or otherwise affects the 22

water rights, claims, or entitlements to water of 23

any Indian tribe, nation, band, or community, 24

other than the Hualapai Tribe; 25


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(B) affects the ability of the United States 1

to take action on behalf of any Indian tribe, na-2

tion, band, or community, other than the 3

Hualapai Tribe, the members of the Hualapai 4

Tribe, and the allottees; or 5

(C) limits the right of the Hualapai Tribe 6

to use any water of the Hualapai Tribe in any 7

location on the Hualapai Reservation. 8

Æ


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Documents

TH ST CONGRESS SESSION H. R. 2459