S 2153: Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988

Congress: 100 · Status: active · Israel/Palestine classification: neutral

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Sponsor: Sen. DeConcini, Dennis [D-AZ] (D-AZ)

Summary

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 - Provides for the settlement of water rights claims of the Salt River Pima-Maricopa Indian Community in Arizona. Requires the Secretary of the Interior to designate 7,000 acre-feet of the additional active conservation capacity that will result from previously authorized modifications to Roosevelt Dam on the Salt River for the reregulation of the Community's water entitlement under the Kent Decree of March 10, 1910. Directs the Secretary to amend the Bartlett Dam Agreement of June 3, 1935, to require the Salt River Valley Water Users' Association to increase the total Community allotment of developed water on December 31 each year if specified conditions are met. Ratifies the contracts between the Association and: (1) the Carrick and Mangham Aqua Fria Lands and Irrigation Company dated February 3, 1927; and (2) the Roosevelt Water Conservation District dated October 24, 1924. Directs the Secretary to revise the subcontract of the Roosevelt Water Conservation District for agricultural water service from the Central Arizona Project (CAP) to include an addendum authorizing conversions of agricultural water to municipal and industrial uses. Requires the Secretary to acquire 22,000 acre-feet of water from the main stream of the Colorado River in Arizona to establish initial allocations to non-Indian entities. Directs the Secretary to contract to deliver Colorado River water to specified Arizona cities in exchange for water provided by such cities to the Community in accordance with a water rights agreement entered into by the Community on February 12, 1988, with certain exceptions. Authorizes appropriations. Directs the Secretary to amend the CAP water delivery contract between the United States and the Community to: (1) extend the contract and provide for its subsequent renewal; (2) authorize the Community to lease CAP water to be delivered to the city of Phoenix pursuant to such contract; and (3) achieve certain terms and conditions. Prohibits the United States from imposing specified charges upon the Community with respect to CAP water to be delivered to the city of Phoenix under such contract. Directs the Secretary to adjust CAP operation, maintenance, and replacement charges to the Community to an amount equal to the average costs of water delivered to the Community by the Association. Directs the Community and the Secretary to lease to the city of Phoenix up to 13,300 acre-feet of CAP water, with the lease specifically providing that: (1) the city of Phoenix shall pay all operation, maintenance, and replacement costs of such water after a specified date; and (2) capital costs associated with the water delivered shall be nonreimburseable and the city of Phoenix shall not be obligated to pay any other charges. Prohibits the sale, lease, transfer, or use of water received by the Community under this Act off the Community's reservation. Provides for construction and rehabilitation of facilities to deliver water to Community reservation lands. Extinguishes certain water rights claims of owners of allotted land within the reservation. Authorizes the Community to waive and release all present and future claims of water rights. Authorizes specified appropriations to satisfy all Community claims against the United States for failure to deliver water from the Salt and Verde Rivers. Directs the Community's governing body to set up a trust fund to provide a source of revenue for evaluating, planning, administering, and constructing water development facilities and for other economic and community development. Prohibits making per capita payments to Community members from such fund. Directs the Secretary and the State of Arizona to pay specified amounts into the fund. Relieves the Secretary of any further duties related to the fund, and releases the United States from the liability for any claim arising from the Community's use of moneys from the fund, at the time of transfer of payments by the Secretary into the fund. Authorizes appropriations. Waives any claims of sovereign immunity by the United States or the Community arising out of any lawsuit relating to the interpretation or enforcement of the February 12, 1988, agreement, where the United States or the Community are named as parties, and authorizes the joining of the United States or the Community in such litigation. Ratifies such agreement, and authorizes and directs the Secretary to perform all obligations under the agreement. Authorizes appropriations necessary to reimburse the Community for the amount by which increases in the normal cost per acre-foot of stored water received from the Association exceed the rate of inflation.

Cosponsors (1)