|
<br />4
<br />
<br />(0 To facilitate the delivery of water to the San Xavier and the Schuk Took Dis-
<br />trict of thf' Sells Papago Reservation under this Act, the Secretary is authorized-
<br />(}) to enter into contracts or agreements for the exchange of water, or for the
<br />use of aqueducts. canals. conduits, and other fad\iHes for water delivery, includ-
<br />ing pumping plants. with the State of Arizona or any of its subdivisions, with
<br />any irrigation- district or project, or with Bny authority, corporation, partner-
<br />ship, individual. or other legal entity; and
<br />(2) to use facilities constructed in whole or in part with Federal funds.
<br />
<br />RECLAIMED WATER; ALTERNATIVE WATER SUPPLIES
<br />SEC. 5. tal As soon as possible. but not later than ten years after the date of enact-
<br />ment of this Act. the Secretary shall purchase reclaimed water in accordance with
<br />the agreement described in Section 7(a)(1) and deliver annually twenty-three thou-
<br />sand acre-feet of water suitable for agricultural use to the San Xavier Reservation
<br />and deliver annually five thousand two hundred acre-feet of water. suitable for agri-
<br />cultural use to the Schuk Toak District of the Sells Papago Reservation.
<br />(hi The obligation of the Secretary referred tQ in subsection (al to deliver water
<br />suitable for agricultural use may be fulfilled by any additional treatment, including
<br />land filtration, of the reclaimed water acquired by the Secretary as provided herein,
<br />by _her means which renders such reclaimed water suitable for agricultural
<br />use, voluntary exchange of that reclaimed water for any other water suitable
<br />for agricultural use. To make available and deliver such water, the Secretary shall
<br />design, construct, operate, maintain, and replace such facilities as arc appropriate.
<br />lcl The Secretary may, as an alternative to, and in satisfaction of the obligation to
<br />deliver the quantities of water to be delivered under subsection tal. acquire and de-
<br />Jiwr pursuant to agreements authorized in section 7tb), an equivalent quantity of
<br />water from the followin~ ~ources ot any combination thereof-
<br />t 1) agricultural water from the Central Arizona Project which has been 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 through the Central Arizona Project
<br />which exist., 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 />(3) water from any of the following sources or any combination thereof within
<br />the Tucson Active Management Area in the State of Arizona and that part of
<br />the Upper Santa Cruz Basin not within the area-
<br />(A~ private lands or interests therein having rights in surface or ground
<br />water recognized under State law; or
<br />(Bj reclatmed water to which the seller has a specific right.
<br />Deliveries of water from lands referred to in subparagraph (A) shall be only to the
<br />ex lent such water may be transported within the Tuscon A~tive Management Area
<br />pursuant to State law.
<br />Idl If the Secretary is unable to plIrchase reclaimed water or to acquire other
<br />wate.vided for herein and deliver the quantities of water suitable for agricultur-
<br />al u set forth in subsections (a), (bl, or (cl, he shall pay damages to the tribe in
<br />the amount of the actual replacement cost of such quantities of water suitable for
<br />agricultural use as are not acquired and delivered.
<br />(e) No land, water, water rights, COntract rights, or reclaimed water may be ac-
<br />Quired under subsection (c) without the consent of the owner thereof. No private
<br />lands may be acquired under subsection (cJ(;~)(AI 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 the right to the use of which is recognized by State law. In acquiring said
<br />private lands, the Secretary shaH give preference. to the acquisition of lands upon
<br />which water has actually been put to beneficial use in anyone of the five years
<br />preceding the date of acquisition. Nothing in this section shall authorize the Secre-
<br />tary to acquire or disturb the water rights of any Indian tribe, band, group or com-
<br />munity.
<br />
<br />UMITATION ON PUMPING FACIUTJES FOR WATER DEUVERIES; DISPOSITION OF WATER
<br />SEC" 6. (a) The Secretary shall be required to carry out his obligation under sec-
<br />I ions 4tb)(CI, and Ie) and under section 5 only if the Papago Tribe agrees to-
<br />U> limit pumping of ground water from beneath the San Xavier Reservation
<br />to not more than ten thousand acre feet per year;
<br />(2) limit the quantity to ground water pumped from beneath the eastern
<br />Schuk Toak District of the Sells Papago Reservation which lies within the
<br />
<br />j
<br />:
<br />
<br />1035
<br />
<br />1
<br />I
<br />
<br />.
<br />
<br />5
<br />
<br />Tucson Active Management Area to those quantities being withdrawn on Janu-
<br />ary I, 1981; and
<br />(31 comply with the management plan established by the Secretary under sec-
<br />tion 3laJ(3).
<br />Nothing contained in paragraph. 0) shall restrict the tribe from drilJing wells and
<br />withdrawing ground water therefrom on the San Xavier Reservation if sych wells
<br />have a capacity of less than thirty-five gallons per minute and are used only for
<br />domestic and livestock purposes. Nothing contained in paragraph (2) shall restrict
<br />the tribe from drilling wells and withdrawing ground water therefrom in the east-
<br />ern Schuk Toak District of the Sells Papago Reservation which lies within the
<br />Tucson Active Management Area if such wells have a capacity of less than thirty-
<br />five gallons per minute and which are used only for domestic and livestock pur-
<br />poses; and
<br />(b) The Secretary shall be required to carry out his obligations with respect to dis-
<br />tribution systems under section 3fa.I(1)(B) and section 3(a)(2)(B) only if the Papago
<br />Tribe agrees to-
<br />0) subjugate the land for which those distribution systems are to be planned,
<br />designed, and constructed by the Secretary; and
<br />(2) assume responsibility, through the tribe or its members or an entity desig-
<br />nated by the tribe. as appropriate, following completion of those distribution
<br />systems and upon delivery of water under this Act, for the operation, mainte-
<br />nance, and replacement of these systems in accordance with sections 1 and 3 of
<br />chapter 140 of the Act of April 4, uno (36 Stat. 270, 272; 25 U.S.C. 385'.
<br />(c) The Papago Tribe shall have the right to devote all water supplies under this
<br />Act, whether delivered by thE'! Secretary or pumped by the tribe, to any use, includ-
<br />ing but not limited to agricultural, municipal, industrial. commercial. mining, and
<br />recreational use whether within or outside the Papago Reservation so long as such
<br />use is within the Tucson Active Management Area and that part of t~e Upper
<br />Santa Cruz Basin not within such Area. The Papago Tribe may sell, exchange, or
<br />temporarily dispose of water, but the tribe may not permanently alienate any water
<br />right. In the event the tribe sells, exchanges, or temporarily disposes of water such
<br />sale, exchange, or temporary disposition shall be pursuant to C:t contract which has
<br />been accepted and ratified by a resolution of the Papago Tribal Council and ap-
<br />proved and executed by the Secretary as agent and trustee for the tribe. Such con-
<br />tract shall specifically provide that an action may be maintained by the contracting
<br />party against the United States and the Secretary for the breach thereof.
<br />
<br />o
<br />..."
<br />'-0
<br />N
<br />
<br />OBUGATION OF THE SECRETARY; CONTRACT FOR RECLAIMED WATER; DlSMI5.sAL AND
<br />WAIVER OF CLAIMS OF PAPAGO TRIBE AND ALLoTIEES
<br />SEC. 7. (a) The Secretary shall be required to carry out his obligntions under sec-
<br />tion 4(b), (c), and (e) and under section 5 only if-
<br />(1) before December 31. 1982-
<br />tAl The city of Tucson, the Secretary, and thE'! Fapago Tribe agree, after
<br />the enactment of this Act, that the city will make available at nO profit to
<br />the city such quantity of reclaimed water as is adequate to deliver annual-
<br />ly, as contemplated in section 5(a),. twenty-eight thousand two hundred
<br />acre-feet of water;
<br />(8) the Papago Tribe agrees to file with the United States District Court
<br />for the District of Arizona a stipulation for voluntary dismissal with preju-
<br />dice, in which the Attorney General is authorized and directed to join on
<br />behalf of the United States. and the allottee class representatives petition
<br />for dismissal of the clC:tss action with prejudice in the United States, the
<br />Papago Indian Tribe. and others against the city of Tucson, and others, civil
<br />numbered 75-39 TUC iJA W); and
<br />(C) The Papago Tribe executes a waiver and release in a manner satisfac-
<br />tory to the Secretary of-
<br />(i) any and all claims of water rights or injuries to water rights (in-
<br />cluding water rights in both ground water and surface water) within
<br />the Tucson Active Management Area and that part of the Upper Santa
<br />Cruz Basin not within said area, from time immemorial to the date of
<br />the execution by the tribe of such waiver, which the Papago Tribe has
<br />against the United States, the State of Arizona and any agency or polit-
<br />ical subdivision thereof, or any other person, corporation or municipal
<br />corporation, arising urider the laws of the United States or the State of
<br />Arizona; and
<br />
|