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Ie Sec. 2 cOlJtains definitions of terms used in the Act. Sec. ~ authorizes the Secretary of the Interior to deliver, as soon as possible, but not later than 10 years after the date of enactment, 27,000 acre feet of water from the Central Arizona Project (CAP) to ' the San Xavier reservation and 10,800 acre feet from the same source to the Schuk Toak District of the Sells reservation. This section further directs the Secretary to design and construct on reservation distribution systems at the San Xavier Reservation and the Schuk Toak District and to deliver the stated amounts of water from the CAP. To coordinate Indian water use with regional planning and man- agement, the Secretary shall establish a water management plan for the Papago tribe which is consistent with State water plans. If so requested by the tribe, the Secretary shall underake a study on the Sells Pa'pago reservation to determine availability of water resources in that area. ~. 4 provides an alternative or supplemental source of water ch the Secretary shall acquire and deliver in the event he is , able to deliver CAP water in the amounts specified in Section 3. With the exception of additional CAP water which may be availa- ble, water resources which may be acquired under this section are available from resources in the Tucson and eastern Pima County area. Sec. 5 authorizes the Secretary to acquire reclaimed water from the City of Tucson and deliver a total of 28,200 acre feet of water suitable for agricultural use to the San Xavier reservation and the Schuk Toak District. The Secretary may treat the reclaimed water for delivery direct- ly to the reservation, or he may exchange the reclaimed water for CAP water or other water for delivery to the reservations. Sec. 6 provides that the Secretary's obligations under this Act are contingent upon the tribe's agreement to limit pumping on the reservations to specified pumping levels and to comply with the management 'plan established by the Secretary. , Domestic and livestock wells with a capacity of less than 35 gal- _ Ions per minute are exempted from the pumping limitation. This Imption coincides with an identical exemption under State law, he Secretary's obligation to construct on reservation distribu- n systems under section 3 is contingent upon the tribe's agree- ment to subjugate lands to receive the water and to assume oper- ation and maintenance responsibility for the systems. :r'he Papago tribe may devote water resources provided under thiS settlement to any use-within or without the reservation-as long as such use is within the Tucson Active Management area as described. The tribe may sell, exchange or temporarily dispose of water, but may not permanently dispose of any water right. Sec. 7 further conditions the obligations of the Secretary on the agreement of the City of Tucson to sell reclaimed water and the agreement of the Tribe to petition for dismissal of pending lawsuits and to execute a waiver and release of other water rights claims to wa,ter from eastern Pima County basins. The water rights of the Tnbe under this Act are not affected by the waiver and release. Section 7(b) permits the Secretary to acquire the quantities of w.ater required to be delivered to the Tribe under Sec. 5(a) from al- o 1 28 ternative sources, in the event he finds it desirable to do so, or in the event the ci~y does not have available adequate supplies of re- claimed water. The Secretary may resort to acquisition of water from, the sources listed in 5(c) in 21:nounts as necessary to meet the tempo- rary deficiency created by insufficient reclafmed water supplies. Sec. 8 authorizes the Secretary to determine whether the oper- ation of the Painted Rock Dam has rendered lands within the Gila. Bend Papago reservation unsuitable for farming, If he so finds, and if the Tribe agrees, the Secretary is authorized to exchange the flooded lands for other lands in the public domain. ' Sec. 9 establishes a trust fund as part of the settlement and pro- vides that income from that fund shall be used by the Tribe to sub- jugate land for irrigation, develop water resources and put water to beneficial use. Sec. 10 contains an authorization for such sums as may be neces- sary to carry out the purposes of this Act. Sec. 11 states that the short title of this Act is the "Southern Ar- izona Water Rights Settlement Act of 1981." .OVERSIGHT STATEMENT J The Committee on Interior and Insular Affairs exercises legisla- tive and oversight jurisdiction ov(~r Indian Affairs and irrigation and reclamation projects-both of which are involved in H.R. 5118. As the provisions of this measure are implemented, it is anticipat. ed that the Committee will carefully execute its responsibilities to assure compliance with the letter and spirit of the law. No recom- mendations have been received by the Committee pursuant to Rule X, Clause 2(b)(2). o ">1 CJ:) CD COST AND BUDGET ACT COMPLIANCE Although it is recognized that the enactment of H.R. 511K will require funding to be implemented, the Committee believes that the legislation will make possible a permanent settlement of a long-standing legal dispute. The analysis of 'the Congressional Budget Office follows: ' CONGRESSIONAL BUDGET OFFICE-COST ESTIMATE i. Bill number: H.R. 5118. 2. Bill title: Southern Arizona Water Rights Settlement Act of 1981. 3. Bill status: As ordered reportpd by the House Committee on Interior and Insular Affairs, December 16, 1981. 4. Bill purpose: The bill provides the Secretary of the Interior . with the authority to acquire and provide for the delivery of specif- ic amounts of water to the San Xavier Reservation and the Schuk Toak District of the Sells Papago Reservation of the Papago Tribe of Arizona. The bill is expected to make possible the execution and implementation of a permanent set.llement agreement between the Papago Tribe of Arizona and numerous parties in Arizona, includ- ing major mining companies, agricultural interests, and the City of Tuscon. .