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<br />(b) pump no more from the Schuk Toak District than was
<br />being pumped as of January I, 1981; and
<br />, (c) comply with the management plan established by the Sec-
<br />retary,
<br />as a condition precedent to the Secretary's obligations to deliver
<br />water to the reservation. '
<br />To the best of the Committee's knowledge, the amount of water
<br />being pumped as of Janaury I, 1981 at Schuk Toak is zero, except
<br />for small domestic and stock watering purposes.
<br />The limitation on pumping at San Xavier and Schuk Toak Dis-
<br />trict does not apply to domestic and stock wells with a capacity of
<br />less than 35 gallons per minute. This exemption is intended to
<br />avoid the cost of metering small wells and is consistent with the
<br />meeting the requirements of Arizona law.
<br />Section 6(c) states that water pumped by or delivered to the
<br />Papago Tribe under this Act may be put to any use, on or off the
<br />lago Reservation, provided such use occurs within the Tucson
<br />'ve Management Area and that part of the Upper Santa Cruz
<br />asin not within that area.
<br />In the course of hearings, the Committee received extensive testi.
<br />mony on the limited nature of water resources in the Tucson and
<br />eastern Pima County area. In view of the finite nature of those
<br />available water resources, and the projected increase demand on
<br />those resources, it is the consensus of the parties to the settlement
<br />and th,s Committee that water received by the Tribe under this
<br />Act be able to be put to the highest and best uses, including munci.
<br />pal and mdustrial uses. ' '
<br />The purpose o~ this provision is to permit flexible management of
<br />water resources m the area and encourage application of those re-
<br />sources to the highest and best use.
<br />The Com':litt~e. anti~ipates that t~e Papago Tribe may apply
<br />water to wh,ch ,t IS entltled under th,s Act to uses other than irri-
<br />gation including leasing water to other water users in the vicinity
<br />in order that. the maximum beneficial use be made, by all wate~
<br />users, 0,1' th~ hm'~ed wa!"'r reso~rces in eastern Pima County.
<br />Nothmg In th,s sectIOn, or ,m any other provision of this Act,
<br />.11 be construed to determme whether or not the doctrine of Fed-
<br />I reserved water rights permits the sale, lease or exchange of
<br />water outSIde the boundaries of the reservation to which the water
<br />rights attach,
<br />The Secretary's obligation, to deliver water is contingent upon an
<br />agreement bemg reached by the Secretary, the Tribe and the City
<br />of Tucs~n regarding acquisition and delivery of reclaimed water
<br />an~ actlO~ by the Tribe to dimiss the pending, lawsuits and W
<br />Waiver cla,ms to water other than that provided herein.
<br />This action by the Tribe is required because it is the intent of the
<br />Committee that the settlement herein provided be a final resolu-
<br />t~on of the Tribe's claims of water rights and injuries to water
<br />nghts from the Santa Cruz River Basin and the Avra/ Altar Valley
<br />Basm, and remove the cloud to title created by the pending law-
<br />SUIts. . .
<br />, The, Tribe's entitlement to water under the terms of this settle-
<br />ment IS not, however, affected by the waiver and release to be ex-
<br />flcuted by the Tribe pursuant to Section 7(1),
<br />
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<br />Neither does the waiver and release preclude the Tribe from ac-
<br />quiring additional water, at a later date, by means such as pur-
<br />chase, lease or exchange, or affect the legal rights of the Tribe with.
<br />, respect to any water so acquired,
<br />To remedy a flooding problem at another Papago Reservation,
<br />the Secretary is authorized to carry out studies to determine
<br />whether the operation of the Painted Rock Dam, on the Gila Bend'
<br />Papago Reservation, has rendered reservation lands unsuitable for
<br />irrigation. The Gila Bend Reservation is located in the western
<br />part of Arizona, well outside the Tucson Active Management Area,
<br />At the time the dam was contructed, the Federal government
<br />compensated the Tribe for the loss of private dwellings by con-
<br />structing new homes. It was not anticipated that operation of the
<br />dam would flood valuable farmland.
<br />Since the completion of construction and operation of the dam,
<br />approxiamtely 4500 acres of irrigable land have been inundated.
<br />Pursuant to this section, if the Secretary finds that operation of
<br />the dam has rendered tribal lands unsuitable for irrigation, he may
<br />exchange those lands, with the consent of the Tribe, for lands of
<br />similar quality from the public domain.
<br />The lands received in exchange, if any, would become part of the
<br />Gila Bend Reservation for all, purposes, Any exchange effected
<br />would not expand or diminish the water rights of the Papago Tribe
<br />in the Gila Bend Reservation.
<br />Section 9 authorizes establishment of a trust fund, the income
<br />from which is to be used for the subjugation of land, the develop-
<br />ment of water resources, and the construction, operation. mainte-
<br />nance, and replacement of related Jacilities. It is not intended to'
<br />relieve the United States of the costs to plan, construct, operate,
<br />maintain or replace any facilities where these obligations arise
<br />under this Act or any other act of Congress.
<br />It is the intent of the Committee that the interest from the trust
<br />fund, while subject to action by the Appropriations Committee, be
<br />appropriated on a permanent basis and not year by year,
<br />
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<br />c.c
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<br />SECTION-BY.SECTION ANALYSIS
<br />
<br />Sec. ] contains Congressional findings that:
<br />The water rights claims of the Papago tribe to waters of the
<br />basins surrounding Tucson and eastern Pima County are presently
<br />the subject of a lawsuit;
<br />The pending and prospective suits may adversely affect the
<br />Indian and non-Indian economies in southern Arizona;
<br />Parties to the suits, plaintiffs and defendants have diligently at-
<br />tempted to resolve the water rights claims of the tribe by negotia-
<br />tion rather than by litigation;
<br />It is in the best interests of the United States, the State of Arizo-
<br />na and its political subdivisions, and the Papago tribe to resolve
<br />these claims by means of a legislative settlement;
<br />The settlement contained in this Act will allow flexible manage-
<br />ment of water resources in southern Arizona and will encourage al-
<br />location of those resources to the highest and best uses and will
<br />enable the Papago tribe to participate in a basin-wide management
<br />plan for conservation and management of their water resources.
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