WSPC00015

• File Number: 8064
• Description: Section "D" General Federal Issues/Policies - Indian Water Rights
• State: TX
• Date: 1/29/1982
• Title: Papago Indian Claims, Report No. 97-422 to Accompany H.R. 5118
• Water Supply Pro - Doc Type: Report/Study

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The bill authorizes the appropriation of a proportional share of
Phase B of the Tucson Aqueduct attributable to facilities needed to
fulfill the requirement to deliver Central Arizona Project (CAP)
water to the reservation. It also authorizes the appropriation of $15
million after October 1, 1982 for the purpose of establishing a trust
fund. to support the Papago Tribe's utilization of water resources
provided by the bill, and authorizes such sums as may be necessary
for several other mandated activities.
5. Cost estimate:

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Estimated authorization level:
Fiscal year:
1983 .................................................................................................................... $16
1984..............;..................................................................................................................
1985 .................................................................................................................... 65
1986.................................................................................................................................
1987 ..................................................................................................................... 20
Est~~ outlays: _
~I vear:
1983.................................................................................................................... 15
1984..................................................................................................................... 1
1985 :......:............ ......................... .......... ................. ........ ........ ............ ......... ....... 46
1986........................................................................................... ................ '13
1987 ........................................................................................... ......'.................. 21

The costs of this bill fall within budget functions 4;;0 and :30U. .
Th~ above estimates do not include any cost to meet the requirement
that the Secretary of the Interior acquire and deliver an additional
2~.2(JU acre feet of agricultural wuter to the reservations. Since there
are a variety of options available to th(' Secretary the likely costs are
very uncertain. although they are not expected to exceed $fiO million.
If funding is required, it is expected that it would be combined .with
198~ funding for Phase B of the aqueduct. The bill also makes the Sec-
retary of the Interior liable for the annual delivery of 6G,OOO acre feet
of water to the reservations in question regardJ€ss of natural events.
This annual contingent liability of the government in perpetuity could
cost up to $:1.3 million in 1981 dollars for any year when water could
not Le delivered.
6. Basis of estimates: For the purpose of this estimate, it is as-
sumed that the bill will be enacted before October 1, 1982, and that
the amounts authorized will be appropriated. The bill authorizes
th.ropriation of $15 million to establish a trust fund for the
be of the Papago Tribe. For the purposes of this estimate, it
was assumed that the full amount would be appropriated in fiscal
year 198a and deposited into the appropriate trust account by the
Secretary of the Interior.
'The bill also directs the Secretary to: establish a water manage-
ment plan for the two reservations covered by the bill, carry out a
study to determine the availability and suitability of water re-
sources within the Sells Papago Reservation but outside the Tucson
Active Management Area and that part of the. Upper Santa Cruz
Basin not within that area, subject to a request by the Tribe, and
carry out a study to determine which lands, if any, within the Gila
Bend Reservation have been rendered unsuitable for agriculture.
The costs of such studies depend on the unique demands of each
repOrt, but. in total CBO estimates that approximately $600,000
would be sufficient to develop the studies specified in the bill. It is
assumed that the $600,000 would be appropriated in fiscal year
198& to carry out these studies, and that those funds will be spent

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at rates typical for similar studies performed by the Department of
the Interior.
In addition to these activities, the bill authorizes the appropri- ,
ation of a sum equal to the portion 'of the total costs of Phase B of
the Tucson Aqueduct of the Central Arizona Project (from north of
Tucson to the aqueduct termination), which the Secretary deter-
mines is allocable to facilities for the delivery of CAP water to
Papago Indian lands. The cost of this provision is dependent upo.n
the timing for the start of Phase B constructIOn, WhiCh In turn 1S
dependent upon overall CAP funding levels for fiscal year 1982 and
beyond. For the purposes of this estimate and consistent with cur-
rent CAP development plans, CBO has assumed that Phase B con-
struction will begin in fiscal year 1985 and will be completed in
fiscal year 1989 at a total cost of approximately $400 million in
1982 dollars. Using this timetable and an estimate that Indian de-
livery facilities will constitute 10 to 15 percent of Phase B require-
ments, this bill would authorize the appropriation of approximately
$65 million in fiscal year 1985 for the Papago share of Phase B con-
struction. This estimate is highly dependent upon the timely prog-
ress of Phase B planning and development and assumptions as to .
the rate of increase in construction costs during the next five
years. .
The bill also authorizes the Secretary to update existing, on-res-
ervation irrigation systems' as well as to design and construct sys-
tems where necessary for the efficient distribution of water deliv-
ered to the reservation boundary. Based on an average cost of ap-
proximately $2,000 per acre for such facilities in 1981 dollars, it is
estimated that this provision would require the appropriation of
$20 million in fiscal year 1987 to provide such facilities for the ap-
proximately 7,000 acres in question. Funding in fiscal year 1987
would assure completion of these facilities at approximately the
time Phase B of the aqueduct is assumed to be completed, in fiscal
year 1989.
In addition to the CAP water allocation. the bill also requires the
Secretary to acquire and deliver 28,200 acre feet of water suitable
for agricultural use to the reservations. The bill requir~s the city of
Tucson to make available at no profit to itself a volume of water to
the Secretary sufficient to assure the delivery of 28,200 acre feet of
agricultural water to the reservations. The Secretary is given maxi-
mum discretion to exchange or otherwise acquire agricultural
water for the Papago Tribe using reclaimed water provided by the
city of , Tucson. Since the Secretary has several options for fulfilling
this commitment with considerable cost differences, it is not possi-
ble to estimate with confidence the cost of this provision: however,
there are a number of possible arrangements whereby the costs
could be negligible.
If the Secretary acquires suitable water via exchange or other
treatment options, he is still required to provide for delivery of
that water to the reservation. Assuming the acquired water is of
sufficient quality to be delivered via the CAP aqueduct, it would be
necessarv to build sufficient carrying capacity into the reservation
connections to assure annual delivery of the total 66,000 acre feet of
water. The bill authorizes appropriations to cover any additional

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