legislation: 106-hr-3291
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| 106-hr-3291 | 106 | hr | 3291 | Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act | Native Americans | 1999-11-10 | 2000-08-18 | Became Public Law No: 106-263. | House | Rep. Hansen, James V. [R-UT-1] | UT | R | H000172 | 0 | Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act - Requires the St. George (Utah) Water Reuse Project to consist of water treatment facilities, a pipeline, and associated pumping and delivery facilities to divert water from the Water Reclamation Facility in St. George and transport such water for delivery to and use by St. George and the Shivwits Band of the Paiute Indian Tribe of Utah. Makes 2,000 acre-feet of water available annually to the Band.Sets forth funding provisions and describes project construction, permitting, operation, and maintenance responsibilities of St. George.(Sec. 6) Requires the Santa Clara Project to: (1) consist of a pressurized pipeline from the existing Gunlock Reservoir across the Shivwits Reservation, along with main lateral pipelines; (2) pool and deliver the water rights of the parties as set forth in the Santa Clara Project Agreement; and (3) deliver to the Band 1,900 acre-feet annually.Sets forth funding provisions and describes project construction, permitting, operation, and maintenance responsibilities of the Washington County Water Conservancy District.(Sec. 7) Grants the Band the right in perpetuity to divert, pump, impound, use, and reuse a total of 4,000 acre-feet of water annually from the Virgin River and Santa Clara River systems to be taken as follows: (1) the water quantities described in this Act as set forth in the Santa Clara Project and St. George Water Reuse Project Agreements (Project Agreements) (with first priority to the reuse water provided from the St. George Project); and (2) 100 acre-feet from groundwater on the Shivwits Reservation.Settles, ratifies, and confirms the Band's water rights.Permits the Band to use water from the springs and runoff on the Reservation. Declares that the amount used from such sources will be reported annually to the Utah State Engineer by the Band and requires the amount to be counted against the annual Water Right.Provides that the Shivwits Water Right shall not be subject to loss by abandonment, forfeiture, or nonuse. Authorize the Band to use or lease the Water Right for: (1) any purpose permitted by tribal or Federal law anywhere on the Reservation; and (2) any beneficial use off the Reservation.(Sec. 8) Approves, ratifies, and confirms the Project Agreements and the Settlement Agreement among the United States, Utah, the Band, and other specified parties, except to the extent they conflict with this Act.(Sec. 9) Requires the benefits realized by the Band under the Agreements and this Act to constitute full and complete satisfaction of all Band water rights claims under Federal and State laws from time immemorial to the effective date of this Act. Provides for a waiver and release, in conjunction with the Reservation of Rights and Retention of Claims set forth in the Settlement Agreement, of all such claims.(Sec. 10) Authorizes the Secretary of the Interior to establish a water rights and habitat acquisition program in the Virgin River Basin for the benefit of native plant and animal species in the Santa Clara and Virgin River Basins which have been listed or are likely to be listed, or are the subject of an approved conservation agreement under the Endangered Species Act. Authorizes the Secretary to acquire water rights and habitat property to assist the conservation and recovery of such plants or species. Authorizes appropriations from the Land and Water Conservation Fund for such program, but subjects expenditures to certain conditions.(Sec. 11) Establishes the Shivwits Band Trust Fund in the Treasury. Authorizes appropriations.(Sec. 14) Releases and waives the Band's water rights claims as of the date the Secretary publishes a finding that certain actions, including those under this Act, have been taken. Provides that if such actions have not been completed in order to allow the publication of the Secretary's findings by December 31, 2003, this Act shall have no effect. | 2025-04-07T13:47:14Z |