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(1) price guarantees, loan guarantees, or purchase

agreements,

(2) loans, and

(3) joint venture projects,

5 at a level to adequately cultivate

6 mum of

acres at a maxi

acre-feet of water per acre, or to provide

7 that quantity of water determined by such entity to be neces

8 sary to cultivate arid land crops.

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AUTHORIZATION OF APPROPRIATIONS

SEC. 11. Effective October 1, 1982, there are author

11 ized to be appropriated such sums as may be necessary to

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COMPLIANCE WITH BUDGET ACT

SEC. 12. No authority under this Act to enter into con15 tracts or to make payments shall be effective except to the 16 extent and in such amounts as provided in advance in appro17 priations Acts. Any provision of this Act which, directly or 18 indirectly, authorizes the enactment of new budget authority 19 shall be effective only for fiscal years beginning after Septem20 ber 30, 1982.

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SHORT TITLE

Sec. 13. This Act may be cited as the "Southern Arizo

23 na Water Rights Settlement Act of 1982".

O

97TH CONGRESS 2D SESSION

H.R.5118

IN THE SENATE OF THE UNITED STATES

MARCH 8 (legislative day, FEBRUARY 22), 1982

Read twice and referred to the Select Committee on Indian Affairs

AN ACT

To provide water to the Papago Tribe of Arizona and its members, to settle Papago Indian water rights claims in portions of the Papago reservations, and for other purposes.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

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CONGRESSIONAL FINDINGS

SECTION 1. The Congress finds that

(1) water rights claims of the Papago Tribe with respect to the San Xavier Reservation and the Schuk

Toak District of the Sells Papago Reservation are the

subject of existing and prospective lawsuits against nu

merous parties in southern Arizona, including major

mining companies, agricultural interests, and the city

of Tucson;

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(2) these lawsuits not only will prove expensive

and time consuming for all participants, but also could have a profound adverse impact upon the health and development of the Indian and non-Indian economies of southern Arizona;

(3) the parties to the lawsuits and others interested in the settlement of the water rights claims of the Papago Indians within the Tucson Active Management

Area and that part of the Upper Santa Cruz Basin not 10 within that area have diligently attempted to settle these claims and the Federal Government, by provid

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ing the assistance specified in this Act, will make possible the execution and implementation of a permanent settlement agreement;

(4) it is in the long-term interest of the United States, the State of Arizona, its political subdivisions, the Papago Indian Tribe, and the non-Indian community of southern Arizona that the United States Government assist in the implementation of a fair and equitable settlement of the water rights claims of the Papago

Indians respecting certain portions of the Papago Reservation; and

(5) the settlement contained in this Act will

(A) provide the necessary flexibility in the management of water resources and will encour

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age allocation of those resources to their highest

and best uses; and

(B) insure conservation and management of water resources in a manner consistent with the

goals and programs of the State of Arizona and the Papago Tribe.

DEFINITIONS

SEC. 2. For purposes of this Act the term

(1) "acre-foot" means the amount of water necessary to cover one acre of land to a depth of one foot; (2) "Central Arizona Project" means the project authorized under title III of the Colorado River Basin Project Act of September 30, 1968 (82 Stat. 887; 43 U.S.C. 1521, et seq.);

(3) "Papago Tribe" means the Papago Tribe of Arizona organized under section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476);

rior;

(4) "Secretary" means the Secretary of the Inte

(5) "subjugate" means to prepare land for the growing of crops through irrigation; and

(6) "Tucson Active Management Area" means the area of land corresponding to the area initially desig

nated as the Tucson Active Management Area pursu

1980, laws 1980, fourth special session, chapter 1.

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ant to the Arizona Groundwater Management Act of

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(7) "December 12, 1980, agreement" means the Central Arizona Project water delivery contract between the United States and the Papago Tribe.

6 WATER DELIVERIES TO TRIBE FROM CAP; MANAGEMENT

PLAN; REPORT ON WATER AVAILABILITY; CONTRACT

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WITH TRIBE

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SEC. 3. (a) As soon as is possible but not later than ten 10 years after the date of the enactment of this Act, if the 11 Papago Tribe has agreed to the conditions set forth in section 12 6, the Secretary shall

(1) in the case of the San Xavier Reservation

(A) deliver annually from the main project works of the Central Arizona Project twenty

seven thousand acre-feet of water suitable for ag

ricultural use to the reservation in accordance

with the provisions of section 4(a); and

(B) improve and extend the existing irrigation system on the San Xavier Reservation and

design and construct within the reservation such additional canals, laterals, farm ditches, and irri

gation works as are necessary for the efficient distribution for agricultural purposes of the water re

ferred to in subparagraph (A); and