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<br />t~tiDn of 8. fair and t;Quitable. settle';"ent of the water rights claims of the
<br />P<.Ipago Indians respectl~ cer~ln p?rltons of the Papago Reservation; and
<br />(5) the settlement contained m this Act will-
<br />IA) provide the necessary flexibility in the management of water re-
<br />sources and will encourage allocation of those resources to their highest
<br />and best uses; and .
<br />IB! insure ~onservation and management of water resourCeS in a manner
<br />consistent. with the goals and programs of the State of Arizona and the
<br />Papago Tribe.
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<br />DEFIN)TJONS
<br />Sec. 2. For purposes of this Act the term-
<br />(II "acre foot" means the amount of water necessary to cover one acre of land
<br />to a depth of one foot;
<br />12) "Central Arizona Project" means the project authorized under title III of
<br />the CoJo~ado River Basin Project Act of September 00, 196t-1 (82 Stat. 887; 43
<br />U.S.C. 1521, et seq.J;
<br />. 13) "Papago Tribe" means the Papago Tribe of Arizona organized under sec-
<br />ILon 16 of the Act of June 18. 1934 \48 Slat. 987 25 U SC 476);
<br />(4) "Secretary" means the Secretary of the In'terior: " ,
<br />. (5) "subjugate" means to prepare land for the 'growing of crops through irriga-
<br />hon;and
<br />(6) "Tucso!l :\.ctive M~nagen1ent Area" means the area of land corresponding
<br />to the area inItially designated as the Tucson Active Management Area pursu-
<br />ant ~o the .Arizona Groundwater Management Act of 1980, laws 1980, fourth
<br />speCIal seSSion, chapwr 1.
<br />(?J "December 12, 19~O, agreement" means the CentraJ Aril.ona Project water
<br />dehvery contract. between the United States and the Papago Tribe,
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<br />WATER DEUVERIES TO tRmE FROM CAP; MANAGEMENT PLAN; REPORT ON WATER
<br />AVAILABILITY; CONTRACT WITH TRIBE
<br />SEC. 3. (a) As ~oon as,is possible but not Jater than ten years after the date of the
<br />ena~tme.nt of thIS Act, If the Papago Tribe has agreed to the conditions set forth in
<br />sectIOn {i, the Secretary shalJ-
<br />(11 'in the case.of the San Xavier Reservation-
<br />{.~j deliver annually from the main project works of the Central Arizona
<br />Project twenty-sevE;n t~ousand acre feet of water suitable for agricultural
<br />use to. the reservatIOn In accordance with the provisions of section 4(al' and
<br />(B) lmJ:lrove and e~nd the existing irrigation system on the Ban X~vier
<br />Reservation and deSIgn and construct within the Reservation such addition-
<br />al, can,al.s. Jate.ral~. fa~m ditches. and irrigation works. as are necessary for
<br />~hl:' efhclent dIstnbutlOn for agricultural purposes of the water referred to
<br />rn subparagraph (A); and .
<br />(2J in the c.ase of the Schuk Toak District of the Sells Papago Reservation-
<br />. l~) deliver annually from the main project works of the Central Arizona
<br />Project ten thousand eigh,t h~ndred acre feet of water suitable for agricul.
<br />tural use to the reservatIOn In accordance with the provisions of section
<br />4ta); and
<br />fBl,design and construct an irrigation system in the Eastern Schuk Took
<br />DlstrIc~ of the Se~ls .Pa~ago Reservation, including such canals. laterals,
<br />farl!' dItches, ~nd IrrigatIOn works, as are necessary for the efficient distri.
<br />butlOn for agncultural purposes of the water referred to in subparagraph
<br />(AI; and
<br />/3} establish a ~at~r management plan for the San X~vier Reservation and
<br />the Schuk Toak DistrIct of the Sells Papago Reservation which except as is nec-
<br />essary to be consistent with the provisions of this. Act, wiU hav'e the same effect
<br />as any management plan developed under Arizona law.
<br />(bl In order to encourage the Papago Tribe to develop sources -of water on the
<br />SelJs Papago Rese~vation. the Secretary shall. if so requested by the tribe, carry out
<br />a study to determine the availability and suitability of water" resources within the
<br />Sells Papa~o Reservation but outside the Tucson Active Management Area and that
<br />part of ~he Upper Santa Cruz Basin not within that area. There are authorized to be
<br />.approprlated such sums as may be necessary to carry out such study.
<br />(.c\ The P8J?8go Tribe 5~an have the right to withdraw ground water from beneath
<br />the, San X~vler ReservatIOn and the Schuk Toak District of the Sells Papago Reser:
<br />vatJOn subject to the limitations of section 6Ia).
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<br />ldl Nothing contained in this Act shall diminish or abrogate any obligati~f the
<br />Secretary to the Papago Tribe under the December 12, "198{}. agreement. CD
<br />DELIVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER SUPPLIES; OPERA'ftorfoAND
<br />MAINTENANCE
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<br />SEC. 4. (a) The water delivered from the main project works of the Central Arizo-
<br />na Project to the San Xavier Reservation a-nd to the Schuk Tuak District of the Sells
<br />Papago Reservation as provided in section 3(a), shall be delivered in .such amounts,
<br />and according to such terms and conditions. ~s are set forth in the December 12,
<br />19HO agreement, except as otherwise provided under this section.
<br />(bl Where the Secretary, pursuant to the terms and conditions of the agreement
<br />referred to in subsection hl), is unable, during any year, to deliver from the main
<br />project works of the Central Arizona Project any portion of the full amount of water
<br />spc<:ified in section :-<<a)(lJ(AI and section 3(al(2KAI. the Secretary shall acquire and
<br />deliver an equivalent quantity of water from the following sources or any combina-
<br />tion thereof:
<br />(1) agricultural water from the Central Arizona Project which has I;>een con-
<br />tracted for but has been released or will be unused by the subcontractor during
<br />the period in which the Secretary will acquire the water;
<br />(2) any water available for delivery throug-h the' Central Arizona Project
<br />which exists by reason of the augmentation of the water supply available for
<br />use and distribution through the Central Arizona Project by subsequent acts of
<br />Congress;
<br />la, water from any of the following sources or any combination thereof within
<br />the Tucson Active Management Area and that part. of the Upper Santa Cruz
<br />Basin not within that area in the State of Arizona: -
<br />tAl a private lands or interests therein having rights in surface or ground
<br />water recognized under State law; or
<br />(B) reclaimed water to which the seller has a specific right. , .
<br />Deliveries of water from lands or interests referred to in subparagraph (A) shall be
<br />only to the extent such water may be transporti;:d within the Tucson Active Man-
<br />agement Area pursuant to State law,
<br />(c) Where the Secretary finds he is unable to acquire .and deliver quantities of
<br />water adequate to fulfill his obligation under subsection la). he shall pay damages in
<br />the amount of the then prevailing rate for municipal and industrial water from the
<br />Central Arizona Project for such quantities.
<br />(d) No -land, water, water rights. contract rights or reclaimed 'water may be ac-
<br />quired under subsection (hI without the consent or the owner thereof. Nu private
<br />lands may he acquired under subsection (b)(;j;(AJ unless the lands have a recent his-
<br />tory of receiving or being capable of actually receiving all or substantially all of the
<br />water right the use of which is recognized by State law. In ()cquiring any private
<br />lands under subsection (bX::iJ(A),.the Secretary shall give preference to the acquisi-
<br />tion of lands upon which water has actually been 'put to beneficial Utie in anyone of
<br />the five years preceding the date of acquisition. Nothing in this section shall author-
<br />ize the Secretary to acquire or disturb the water rights of any Indian tribe, band,
<br />group, or community.
<br />le.l(1I To meet the obligation referred to in section :~la)(l)(A) and section 3IaX2XA),
<br />the Secretary shall, as part of the main project works of the-Central Arizona Proj-
<br />ect- .
<br />(AI design, construct, operate, maintain, nnd replace such facilities as are ap-
<br />propriate including any aqueduct and appurtenant pumping fadlities. treat.
<br />ment- plants, powerplants. and electric power transmission facilities which may
<br />be necessary for such purposes; and -
<br />tBl deliver the water to the southern boundary of the San Xavier Reservation,
<br />and to the boundary of the Schuk Toak District of the Sells Papago Reservation,
<br />at points agreed to by the Secretary and the tribe which are suitable for deliv-
<br />ery to the reservation distribution systems.
<br />(21 There is hereby authorized to be appropriated by this Act, in addition to other
<br />sums authorized to be appropriated by this Act. a sum equal to that portion of the
<br />total costs of phase B of the Tucson Aqueduct of the Central Ari.zona Project which
<br />the Secretary determines to be properly allocable to construction of facilities for the
<br />delivery of water to Indian Lands as described in subparagraphs (Al and (B) of para-
<br />graph 0). Sums allocable to the construction of such facilities shall be reimbursable
<br />as provided by the Act of July I, 1932 (Pl. 72-240; 25- U.A,C. 3-8&a)), as long as such
<br />water is used for irrigation of Indian Lands. .
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