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has participated in discussions and hearings regarding allocation of CAP water to Indian users and non-Indian users and has appeared as a witness in hearings before this Committee on several occasions to.discuss important water related issues. Settlement of the Papago Tribe's suit against the water users in eastern Pima County is the singlemost important issue facing water resources planners in the region. The WRCC has been an ef- fective forum for the discussion of possible legislative solutions to the Papago Tribes water rights claims. Although it was never the intent of the WRCC to become involved in negotiations surround- ing this settlement, it has provided valuable data and counsel to the Tribe, the individual water users and this Committee. The settlement contained in H.R. 5118 is the product of many years of discussion, deliberation and negotiation. Since 1975 many attempts have been made to resolve the water rights claims of the Papago Tribe legislatively. These legislative measures failed be- cause they did not have the support of the community, the major 4(ter users or the Tribe. . After years of intense debate, and hearings. in Washington, cson and Phoenix, the major water users in eastern Pima County and representatives of the Papago tribe reached an agree- ment that all parties feel is a fair and reasonable settlement of the tribe's claims to water in the Tucson Active Management Area and that part of the Santa Cruz Ba~in that is not within the AMA. The settlement effectively resolves the claims of the Tribe to waters from the Santa Cruz and Altar-Avra Valley Basin. . H.R. 5118 represents a compromise on the part of all participants in the negotiations. The bill as reported by this Committee is en- dorsed and supported by the major water users in eastern Pima Count, including the major mining interests and farm operations, the City of Tucson and officials of the Papago Tribe. SUMMARY OF MAJOR PROVISIONS H.R. 5118 is predicated upon the findings of the Committee that. the claims of the Papago Tribe to water from basins underlying Tucson and eastern Pima County are a cloud upon the title of water users in the area, and that these claims; and the suits now Anding to resolve these claims could have a profoundly detrimen- WI effect upon the health and development of both the Indian and non-Indian economies of southern Arizona. It is the intent of the Committee that the terms and provisions of this settlement be applied exclusively to the water rights claims which are the subject of this Act. Nothing in this Act shall be construed to expand the federal re- served water rights doctrine. Nothing in the provisions of H.R. 5118 is intended to determine whet.her or not the reserved rights doctrine applies or does not apply to groundwater or whether or not federal reserved water may be put to use off the reservation to which the water rights attach. . It is the sense of the Committee that, although the specific. provi- . slons of this Act are unique to the social, economic, and geographic enyironment of Tucson, eastern Pima County, and the Papago Tnbe, the spirit of community participation, negotiation and Com- 1031 i i J promise that characterize this settlement may encourage ot~er re- gions that face similar conf.lic!" over Indian wate~ ;Igh.ts claims to <::> . settle those claims by negotiatIOn rather than by h~lgabon. -..1 The Committee endorses the spirit of cooperatIOn and compr<>-. mise that have resulted in the settlement contained in this Act and ~ finds that it is in the best interest of all parties that the Federal government assist in the implementation of this legislative settle- ment, in order to avoid lengthy and costly litigation of these water rights claims. . . The Committee is convinced that .the settlement con tamed m this legislation will provide a just and. rea~onable settlement of the water rights claims of the Papago Tnbe m eastern Plm:> County, establish a sound basis for development of the economies of the San Xavier Reservation and the Schuk Toak District, encourage conservation and flexible management of water resources in the area, and remove the cloud on the title of non-Indian water users with minimal disruption of the existin~ economy. . The settlement provides for acqUisItIOn and dehvery of a firm annual water supply to the named Papago reservations from sever- al specific sources. These sources include the Central Arizona Pr<>- ject (CAP), a limited amount of groundwater pumpmg, and re- claimed water acquired from the City of Tucson. Twenty-seven thousand acre feet of water will be delivered from . the CAP to the southern boundary of the San Xavier Reservation and 10,800 acre feet of water from the same source will be deliv- ered to the Schuk Toak District. . The CAP is a Federal Reclamation Project that will deliver Colo- rado River water from Parker Dam at Lake Havasu to central and southern Arizona. CAP water will be delivered to Indian tribes, ag- ricultural users and municipal and industrial users. In 1980, former Secretary of the Interior Cecil Andrus announced allocations of CAP water to 12 Arizona Indian tribes. Pursuant to those allocations, the San Xavier Papago Tribe received an annual .allocation of 27,000 acre feet and the Schuk Toak District received 10,800 AF per year for Tribal Homeland use. Contracts for delivery of those amounts were signed in December 1980. The contracts give the Papago CAP water allocatIOns a pnor- ityequal to that assigned to municipal and industrial uses. Non- Indian agricultural uses are assigned a lesser prlOnty. In bmes of shortage non-Indian agricultural uses will be reduced first. When those uses are exhausted, Indian Tribal Homeland water alloca- tions and allocations for municipal and industrial uses will share shortages on a pro rata basis. .. To enable the Tribe to put this water to benefiCial use on the ~an Xavier and Schuk Toak reservations, the Secretary shall deSign and construct on reservation water distribution systems at both 1<>- cations, including such canals, laterals, farm ditches and irrigation works as are necessary for the efficient distribution of the water to be delivered under this section. Section 3(a)(3) requires the Secretary to establish a water man- agement plan for the San Xavier Reservation and the Schuk Toak District which is consistent with any management plan developed under State law.