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Last modified
7/29/2009 7:33:14 AM
Creation date
10/9/2006 1:53:55 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br />. 14 <br /> <br />15 <br /> <br />The Papago Tribe shares the concerns of the non-Indian water <br />users. that overdraft of the groundwater. supply and the resulting <br />lowering of the groundwater table adversely affects the environ- <br />ment and economy of eastern Pima County. To acknowledge that <br />concern, and as part of the settlement agreement, the Tribe agrees <br />to participate. in the planning and management of basin and <br />groundwater resources pursuant to a plan established by the Secre- <br />tary. <br />There is now in effect a State groundwater code that describes <br />certain areas to be managed as Active Management Areas (AMA). <br />The Upper Santa Cruz Sub-basin and the Ayra/Altar Valley Sub- <br />basin are included within the Tucson Active Management Area <br />(Tucson AMA). <br />. State law requires that management plans be promulgated for <br />those areas, and that the Director of the Department of Water Re- <br />sources enforce conservation measures on water users to reduce the <br />EOf groundwater. <br />.R. 5118 directs the Secretary to develop a management plan <br />at will have the same e/Tect as any mangement . plan developed <br />under State law, except as is necessary to be consistent with the <br />provisions of this Act. <br />It is the intent of the Committee that the management plan de- <br />veloped by the Secretary be able to require conservation measures <br />for irrigation and non-irrigation uses, prevent waste, meter ground- <br />water and reqUIre reasonable record keeping. . <br />The goal of the Secretary's management plan shall be to ensure <br />~fficient, b<;neficiaJ use of grou!,dwater withdrawn by the Tribe. It <br />IS not the Intent of the Committee that the authority to establish <br />the managment plan be construed to require any. reduction in the <br />amounts the Tribe is permitted to withdraw under this Act. <br />.Nothing in this Act shall be construed to subject the Tribe's <br />Withdrawal of groundwater from the San Xavier Reservation and <br />the. Schuk Toak District of the Sells Reservation to any tax or fees <br />leVied or collected by the State of Arizona pursuant to State law. <br />In. recognition of the fact that a firm annual water supply is es- <br />sentIal to the long-range future of the Papago Trihe, and to the set- <br />",~nt of the Papago water r. ights claims, the bill in Section 4(b) <br />WOlres the Secretary to acquire and deliver such supplemental <br />a.mounts of water as are needed to offset any shortages in CAP de- <br />livenes to the ~nbe. The Secretary is directed to obtain supplemen- <br />tal water ~upphes from several possible sources, all of which, with <br />the e.xceptlOn of augmented CAP supplies are located within the <br />basins that compromise the Tucson Active Management area. <br />Possible sources include: <br />(a) Additional water made available by augmentation of the <br />CAP water supply; . <br />(b) Private lands that have water rights recognized under <br />State law; and <br />(c) Reclaimed water. No private lands, or interests therein <br />or reclaimed water may be acquired without the consent of th~ <br />owner. ' <br />Preference in the ~c~':Iisition of supplemental water supplies <br />shall be gIVen to acquiSltlOn of lands upon which water has been <br />Rut to beneficial use within the five years preceding the date of ac- <br /> <br />quisition. It is the intent of this section to prefer retirement--of <br />water rights that have a recent history of actual use as the source _ <br />of supplemental water. ..... <br />1030 If the Secretary finds he is unable to acquire and deliver water BoJ <br />m the amounts set forth in section 3, he shall pay damages as de- e,g <br />scribed in Sec. 4(c). e,J <br />To deliver water from the Central Arizona Project to the indicat- <br />ed areas on the San Xavier Reservation and the Schuk Toak Dis. <br />trict of the Sells Reservation, the Secretary, is authorized and di- <br />rected to design, construct, operate, maintain and replace facilities. <br />Because delivery of CAP water is, pursuant to this settlement, a <br />part of the final settlement of the named water rights claims of the <br />Papago Tribe, the costs of operation and maintenance of the CAP <br />facilities to Papago Reservations is made with the obligation of the <br />United States. <br />Construction of facilities to deliver CAP water to the southern <br />boundary of the San Xavier Indian Reservation, to serve water <br />users in Tucson and southern Arizona, is authorized under Public <br />Law 90-537. To contribute to the final resolution of the water <br />rights claims of the Papago Tribe at San Xavier and the Schuk <br />Toak District, a sum equal to that portion of the total cost of Phase <br />B of the Tucson Aqueduct of the CAP which is allocable to the con- <br />struction of facilities for the delivery of CAP water to Indian lands <br />as described in Section 4(e)(1) is authorized to be appropriated <br />under this Act. . <br />It is the intent of the Committee that the sums authorized in <br />Section 4(e)(2) not reduce, nor be treated as part of, funds author- <br />ized to be appropriated under other law, including the Colorado <br />River Basin Project Act (Public Law 90-537). <br />In addition to the water acquired from the CAP and delivered to <br />the Tribe, the Secretary shall acquire and deliver 23,000 acre feet <br />of water suitable for agricultural use to the San Xavier Reserva- <br />tion and 52,000 acre feet of water of the same quality to the Schuk . <br />Toak District. <br />It is anticipated by the Committee that the Secretary will aC- <br />quire reclaimed water "rrom the City of Tucson, pursuant to the <br />agreement described in Section 7, to fulfill his obligations under <br />this section. Reclaimed water will be provided to the Secretary at <br />no profit to the City. This provision permits the City to recover <br />costs of making the reclaimed water available to" the Secretary but <br />does not permit sale at a profit. <br />In order to deliver water of a quality suitable for agricultural <br />use, further treatment of the reclaimed water may be necessary. <br />H.R. 5U8 states that tM Secretary may choose any method of <br />treatment, including treatment by land filtration system for deliv- <br />ery or exchange the reclaimed water with other water users. It is <br />anticipated that the Secretary will choose the least cost alternative <br />to fulfin his obligations under this section. <br />If the Secretary is unable to acquire and deliver water, he shall <br />pay damages to the Tribe in the amount of the actual replacement <br />cost of such water. <br />Section 6 req uires the Pa pago Tri be to: <br />(a) limit pumping of groundwater from the San Xavier River <br />to not more than 10,000 AF per year; <br />
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