legislation: 100-hr-4102
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 100-hr-4102 | 100 | hr | 4102 | Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 | Native Americans | 1988-03-08 | 1988-10-20 | Became Public Law No: 100-512. | House | Rep. Udall, Morris K. [D-AZ-2] | AZ | D | U000001 | 3 | (Measure passed Senate, amended) Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 - Provides for the settlement of water rights claims of the Salt River Pima-Maricopa Indian Community in Arizona. Directs the Secretary of the Interior to designate 7,000 acre-feet of the additional active conservation capacity that will result from previously authorized modifications to Roosevelt Dam on the Salt River for the reregulation of the Community's water entitlement under the Kent Decree of March 10, 1910. Directs the Secretary to amend the Bartlett Dam Agreement of June 3, 1935, to require the Salt River Valley Water Users' Association to: (1) increase the total Community allotment of developed water on December 31 each year if specified conditions are met; and (2) operate and maintain the storage works to be constructed upon the Verde River and to authorize the Association to store water or regulate the flow of such river. Ratifies the contracts between the Association and: (1) the Carrick and Mangham Aqua Fria Lands and Irrigation Company dated February 3, 1927; and (2) the Roosevelt Water Conservation District dated October 24, 1924. Authorizes and directs the Secretary to: (1) revise the subcontract of the Roosevelt Water Conservation District (RWCD) for agricultural water service from the Central Arizona Project (CAP) to include an addendum authorizing conversions of agricultural water to municipal and industrial uses and to execute the subcontract as revised; (2) execute and perform the water rights agreement entered into by the Community on February 12, 1988 (Agreement); and (3) certify that the lands within the RWCD are free from the ownership and full cost pricing limitations of Federal reclamation law. Requires the Secretary to acquire rights to 22,000 acre-feet of annual consumptive use of water from the main stream of the Colorado River in Arizona to establish initial allocations to non-Indian entities. Directs the Secretary to contract to deliver Colorado River water to specified Arizona cities in exchange for water provided by such cities to the Community in accordance with the Agreement, with certain exceptions. Requires such cities to place a specified sum into an escrow account to fund the acquisition of water rights, subject to specified limitations. Authorizes and directs the Secretary to amend the CAP water delivery contract between the United States and the Community to: (1) extend the contract and provide for its subsequent renewal; (2) authorize the Community to lease CAP water to which the Community is entitled; and (3) perform certain terms and conditions. Prohibits the United States from imposing specified charges upon the Community with respect to CAP water to be delivered to the city of Phoenix under such contract. Directs the Community and the Secretary to lease to such cities up to 13,300 acre-feet of CAP water, with the lease specifically providing that: (1) such cities shall pay operation, maintenance, and replacement costs of such water after a specified date; and (2) costs associated with the water delivered shall be nonreimbursable and the city of Phoenix shall not be obligated to pay any other charges, with exceptions. Prohibits the sale, lease, transfer, or use of water received by the Community under this Act off the Community's reservation. Provides for construction and rehabilitation of facilities to deliver water to Community reservation lands and the establishment of the Salt River Community Trust Fund. Directs the Secretary and the State of Arizona to pay specified amounts into the Fund. Authorizes appropriations. Prohibits making per capita payments to Community members from such Fund. Relieves the Secretary of any further duties related to the fund and releases the United States from liability for any claim arising from the Community's use of moneys from the fund, at the time of transfer of payments by the Secretary into the Fund. Extinguishes certain water rights claims of owners of allotted land within the reservation. Authorizes the Community to waive and release all present and future claims of water rights. Waives any claims of sovereign immunity by the United States or the Community arising out of any lawsuit relating directly to the interpretation or enforcement of the Agreement, where the United States or the Community are named as parties, and authorizes the joining of the United States or the Community in such litigation. Ratifies such Agreement to the extent that it does not conflict with provisions of this Act, and authorizes and directs the Secretary to perform all obligations under the Agreement. Permits the Ak-Chin Indian Community of Arizona to make repayment of the Ak-Chin West supplemental loan by a discounted prepayment in lieu of the repayment terms and provisions of the Small Reclamation Projects Act. Requires the Secretary to determine such amount in an equitable manner. Exempts such loan from the 1986 amendments to such Act and waives the requirement for a 60-day congressional review of the approved loan application. | 2025-06-20T19:33:16Z |