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

6

(ii) any and an future claims of water rights (including water rights
in both ground water and surface water) within the "Tucson Active
Managem~nt Area ~nd that part of the Upper Santa Cruz Basin not
within saId area, from and after the date of execution of such waiver,
which the Papago Tribe has against the United States, the State of Ari-
zona and any agency or political subdivision thereof. or any other
person, corporation or municipal corporation, under the laws of the
United States or the State of Arizona; and .
(2) the suit referred to in paragraph (l)(BI is finally dismissed.
(bJ After the conditions refern.-d to in subsection (a) have been met the Secretary
shall be authorized and required, if necessary or'desirable, to enter into agreements
with other individuals or entities to acquire and deliver water from such sources set
forth in section 5(c) if through such contracts, as exercised in conjunction with the
contract required in subsection (aX1XA), it is possible to deliver the quantities of
water required in section 5(a).
(c) Nothing in this section shall be construed as a waiver or release" by the Papago
Tribe of any claim where such claim arises under this Act.
(d) The waiver and release referred to in this section shall not take effect until
such time as the trust fund referred to in section 9 is in existence and the full
a. authorized to be appropriated to the trust fund under section 9 has been
a iated by the Congress. '
(e he settlement. provided in this Act shall be deemed to fully satisfy any and all
claims of water rights or injuries to water rights (including water rights in both
ground water and surface water) of all individual members of the Papago Tribe that
have a le~al interest in lands of the San Xavier Reservation and the Schuk Toak
District of the Sells Reservation located within the Tucson Active Management
Area and that part of the Upper Santa Cruz Basin not within said area, as of the
date the waiver and rel~ase referred to in this section takes effect. Any entitlement
to watRr of any individual member of the Papago Tribe shall be satisfied out of the
~ater resources provided in this Act. >

STUDY OF LANDS WITHIN THE GILA BEND RESERVATION; EXCHANGE OF LANDS AND
ADDITION OF LANDS TO THE RESERVATION; AUTHORIZED APPROPRIATIONS

SEC. 8. (al The Secretary is: hereby authorized 'and directed to carry out such stud-
ies and analysis as he deems necessary to determine which lands, if any, within the
Gila Bend Reservation have been rendered unsuitable for agriculture by reason of
the operation of the Painted. Rock Dam. Such study and analysis shall be completed
within one year after the date of the enactment of this Act.
(b) If. on the baRia of the study and analysis conducted under subsection (a), the
Secretary determines that lands have been rendered unsuitable for ag-riculture for
the reasons set forth in subsection (8), and if the Papago Tribe consents, the Secre-
tary is authorized to exchange such lands for an equivalent acreage of land under
hi.' 'sdiction which are ,within the Federal public domain and which, but for their
!'u ity for agriculture, are of like quality.
( he lands exchanged under this section shall be held in trust for the Papago
Tribe and shall be part of the Gil<:t Bend Reservation for all purposes. Such lands
shall be deemed to have been reserved as of the date of the reservation of the lands
for which they are exchanged.
(d) Land exchanged under this section which. prior to the exchange, were part of
the Gila Bend Reservation, shall be managed by the Secretary of the Interior
through the Bureau of Land Management.

ESTABUSHMENT OF TRUST FUND; EXPENDITURES FROM FUND

SEC. 9. There is hereby authorized to be established a trust fund for the benefit of
the Papago Tribe in the amount of $15,000,000 to be invested by the Secretary in
interest bearing deposits and securities including deposits and securities of the
United States. The income accruing on such deposits and securities may only be
used, pursuant to appropriations legislation, faT the subjugation of land, develop-
ment of water resources, and the construction, operation, maintenance, and replace-
ment of related facilities (including pumping and power transmission facilitiesl on
the Papago Reservations which are not the obligation of the United States under
this or any otlier Act of Congress.

7

AUTHORIZATION OF APPROPRIATIONS

1034 SEC. 10. Effective October I, 1982, there are authorized to be appropriated such
sums as may be necessary to carry out the purposes of this Act.

l

I

COMPLIANCE WITH BUDGET ACT

SEC. 11. No authority under this Act to enter into contracts or to make payments
shall be effective except to the extent and in such amounts as provided in advance
in appropriations Acts. Any provision of this Act which. directly or indirectly, au-
thorizes the enactment of new budget authority shall be effective only' for fiscal
years beginning after September 30, 1982.

o
>oJ
c.o
W

SHORT TITLE
SEC. 12. This Act may be cited as the "Southern Arizona Water Rights Settlement
Act of 1981".

I

I

PURPOSE

The purpose of H.R. 5118 introduced by Mr. Udall, is to provide a
fair and reasonable settlement of the water rights claims of the
San Xavier Papago Indian Reservation and the Schuk Toak Dis-
trict of Sells Papago Indian Reservation with a minimum of social
and economic disruption to the Indian and non-Innian communities
in Tucson and eastern Pima County.
Under the terms of this Act, the Papago Tribeis guaranteed an
annual supply of water from specified sources. To coordinate water
resourCe planning and management with other water users in the
area, the Secretary will establish a water management plan for the
Papago Tribe that is consistent with State planning and manage-
ment.
Acquisition and delivery of water to the Papago Tribe is contin-
gent upon the Tribe's taking action to petition for dismissal of
pending legal action, and releasing claims to water from the
Tucson and eastern Pima County area other than water as pro-
vided in the Act. The settlement contained in H.R. SUR will
remove the cloud on title of non-Indian water users and enhance
regional water resOllrce planning and .management.
The allocation of water resources to the Papago Tribe under this
Act is uniquely suited to the geographic, social and economic char-
acteristics of the area and is not intended to be applied to any
other Indian water rights claims in other areas, within or without
the State of Arizona.

BACKGROUND AND NEED

The San Xavier Pagago Reservation and the Schuk-Toak District
of the Sells Papago Reservation are located in eastern Pima
County, adjacent to the Tucson metropolitan area. The San Xavier
Reservation lies primarily within the Upper Santa Cruz Basin, and
the Schuk Toak District is located in the A vra/ Altar Valley Basin.
The San Xavier Papago Reservation occupies approximately
70,000 acres immediately southwest of the Tucson metropolitan
area. The reservation was established by Executive Order signed by
Ulysses S. Grant on July 1, 1874. .
The Schuk Toak District was originally established by Executive
Order signed by Woodrow Wilson on January 14, 1916. A later Ex-