legislation: 101-s-2900
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 101-s-2900 | 101 | s | 2900 | Fort McDowell Indian Community Water Rights Settlement Act of 1990 | Native Americans | 1990-07-25 | 1990-09-28 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 884. | Senate | Sen. McCain, John [R-AZ] | AZ | R | M000303 | 0 | Fort McDowell Indian Community Water Rights Settlement Act of 1990 - Ratifies the Agreement among the following parties to settle water rights claims (Agreement) involving such parties and other tribes having claims to the surface water of the Salt River and Verde River system: (1) the Fort McDowell Indian Community; (2) the State of Arizona; (3) the Salt River Project Agricultural Improvement and Power District (SRP); (4) the Salt River Valley Water Users' Association; (5) the Roosevelt Water Conservation District; and (6) specified Arizona cities. Directs the Secretary of the Interior to execute and perform such agreement. Directs the Secretary of the Interior to acquire an additional specified amount of water from the following sources under specified terms and conditions for delivery to the Community pursuant to the Agreement: (1) Central Arizona Project (CAP) water permanently relinquished by the Haraquahala Valley Irrigation District; and (2) CAP Indian priority water permanently relinquished by the City of Prescott, specified tribes, the Cottonwood Water Company, and the Camp Verde Water Company. Provides that if the Secretary cannot acquire such additional water from such sources, the Secretary is authorized to acquire, from all water resources at the disposal of the United States, water in amounts necessary to provide such additional water. Authorizes the Secretary to contract with the Harquahala Valley Irrigation District for the permanent relinquishment of any portion of its rights to CAP agricultural water. Authorizes the Secretary to offset the annual repayment requirements of the Central Arizona Water Conservation District as consideration for the fair value of such relinquished water. Provides that if the Secretary first acquires a specified amount of water from one or more of the entities relinquishing CAP Indian priority water, the Secretary is authorized to acquire land and water rights in the Big Chino Valley of the Verde River watershed in an amount sufficient to replace all such water so acquired. Makes such an acquisition contingent upon the completion of a study by the Secretary to determine whether the exercise of such water rights will: (1) have an adverse affect on the flow or the biota of the Verde River; and (2) jeopardize the continued existence of Medga fugida (spikedace) or any other threatened or endangered species. Directs the Secretary to develop and implement a continuous monitoring program to ensure that groundwater pumping from such acquired land will not have such an adverse effect. Authorizes the Secretary to construct water conveyance facilities from the Sullivan Lake delivery point to a point downstream on the Verde River if the Secretary acquires the CAP contract or subcontracts of the Yavapai-Apache Indian Community of the Camp Verde Reservation or the Cottonwood or Camp Verde Water Company. Authorizes the Secretary to construct water conveyance facilities from the Sullivan Lake delivery point to the City of Prescott's existing pumping facilities if the Secretary acquires the CAP contract or subcontract of the Yavapai-Prescott Tribe or the City. Authorizes the Secretary to contract to deliver replacement water to those entities which relinquish CAP water to the Secretary for the benefit of the Community. Provides that the entities which relinquish CAP water to the Community shall not be required to repay costs incurred by the United States for acquiring land and water rights in the Big Chino Valley. Directs the Secretary to study sources and costs of water supplies used to satisfy the water rights of the Yavapai-Prescott Indian Tribe and of the Yavapai-Apache Indian Community of the Camp Verde Reservation. Requires copies of such study to be submitted to the Congress. Requires the Secretary to exclude the costs of CAP water acquired from the entities from the repayment obligation of the Central Arizona Water Conservation District. Authorizes appropriations. Directs the Secretary to amend the CAP water delivery contract between the United States and the Community dated December 11, 1980, to: (1) extend its term; (2) provide for subsequent renewal; and (3) authorize the Community to lease the CAP water to which it is entitled to the City of Phoenix. Authorizes the Community, with the approval of the Secretary, to lease the water delivered to it for its fair market value for the term provided in the Agreement but for use only in Pima, Pinal, or Maricopa Counties. Ratifies the agreement between the United States and the Salt River Valley Water Users' Association dated June 3, 1935, relating to the Verde River Storage Works and the agreement among the Salt River Valley Water Users' Association, Phelps Dodge Corporation, and the Defense Plant Corporation dated March 1, 1944, including provisions by which SRP saves and holds harmless the United States and the rights of the United States and SRP to Verde River storage, to permit the Community to fully utilize its water rights entitlement under the Kent Decree of 1910. Authorizes and directs the Secretary to contract with SRP for a certain period to utilize a specified amount of its right to existing storage on the Verde River for a reregulation of the Community's rights to water under the Kent Decree on a seasonal basis. Ratifies the contract between the Salt River Valley Water Users' Association and Roosevelt Water Conservation District dated October 24, 1924. Authorizes and directs the Secretary to revise and execute a certain subcontract of the District for agricultural water service from CAP to permit the conversion of agricultural water to municipal and industrial uses. Authorizes appropriations for the Community to use in the design and construction of facilities to put to beneficial use the Community's water entitlement and for other economic and community development on the Fort McDowell Indian Reservation. Directs the Community to establish the Fort McDowell Indian Community Development Fund to contain: (1) such appropriated funds; and (2) funds provided by Arizona under the Agreement. Outlines provisions governing use of the Fund. Directs the Secretary to provide to the Community a loan pursuant to the Small Reclamation Projects Act to construct facilities for the conveyance and delivery of water on the Fort McDowell Indian Reservation. Provides that the benefits realized by the Community's members under this Act shall constitute full and complete satisfaction of all members' present and future claims for water rights. Authorizes the Community and the Secretary, on behalf of the United States, pursuant to the Agreement, to waive and release all present and future water rights claims of the Community, except those claims solely against the United States. Authorizes appropriations to carry out all necessary environmental compliance associated with this settlement, including mitigation measures adopted by the Secretary. Grants a permanent easement for the construction, operation, and maintenance of the Community's water diversion system on and within the lands identified in the Community's special permit extension application dated July 12, 1990, filed with the United States Forest Service. Amends the Salt River Prima-Maricopa Indian Community Water Rights Act to extend to December 31, 1991, the date by which the Secretary of the Interior is directed to acquire rights to a specified amount of annual consumptive use of water from the Colorado River in exchange for other water provided by certain Arizona cities. | 2025-06-20T19:33:16Z |