San Carlos Apache Tribe Water Rights Settlement Act of 1990 - Ratifies an agreement among the following parties to settle their water rights claims: (1) the San Carlos Apache Tribe; (2) the United States; (3) the State of Arizona; (4) the Salt River Project Agricultural Improvement and Power District; (5) the Salt River Valley Water Users' Association; (6) the Roosevelt Water Conservation District; (7) the San Carlos Irrigation and Drainage District (SCIDD); (8) Phelps Dodge Corporation; (9) the Central Arizona Water Conservation District; and (10) specified Arizona cities. Directs the Secretary of the Interior to make available an additional specified amount of water for the tribe from the following sources under specified terms and conditions: (1) water which is not required for delivery to the Ak-Chin Indian Reservation under Federal law reducing the amount of the permanent water supply required to be furnished to that Reservation; (2) Central Arizona Project (CAP) water with a non-Indian agriculture priority; (3) surface water acquired from SCIDD and its landowners; and (4) CAP water having a municipal and industrial priority previously allocated to Phelps Dodge Corporation. Authorizes and directs the Secretary to designate a specified amount of active conservation capacity behind Coolidge Dam to allow the tribe to store such additional water and its other water entitlements. Authorizes and directs the Secretary and the Attorney General to take all measures necessary to establish the tribe's permanent right to the use of all ground water beneath the tribe's reservation and all surface water in all tributaries within the reservation to the mainstream of Black River, Salt River below its confluence with the Black River, San Pedro River, and the Gila River, including the right to fully regulate and store such water on the tributaries.
Authorizes and directs the Secretary to negotiate the resolution of all pending claims to surface water and groundwater by the Gila River Indian Community in Arizona under certain conditions, including the Community's acknowledgement of the Agreement.
Ratifies the contract between the Salt River Valley Water Users' Association and the Roosevelt Water Conservation District dated October 24, 1924. Authorizes and directs the Secretary to revise a certain subcontract of the District for agricultural water services from CAP to permit the conversion of agricultural water to municipal and industrial uses.
Authorizes the Secretary, subject to approval by the Tribe, to renew that right-of-way permit granted to Phelps Dodge Corporation on March 8, 1950, for an electrical transmission line over the lands of the Tribe for a specified term, subject to payment of rent at a rate based upon fair market value.
Authorizes and directs the Secretary to amend the CAP water delivery contract between the United States and the Tribe dated December 11, 1980, to: (1) include the obligation of the United States to provide such additional water; (2) extend its term and provide for its subsequent renewal; and (3) authorize the Tribe to lease CAP water to which it is entitled under the Tribal CAP Delivery Contract to the city of Scottsdale pursuant to the Agreement. Authorizes and directs the Secretary to construct facilities which are necessary to permit the Tribe to exchange all or part of the water available to it under the Contract with SCIDD and the Gila River Indian Community.
Directs the Secretary to: (1) design and construct new facilities for the delivery of water to tribal reservation lands at a cost which shall not exceed the cost for such design and construction which would have been incurred by the Secretary in the absence of the agreement and this Act pursuant to the existing authority of the Colorado River Basin Project Act; (2) pay a specified sum to the Tribe to expand the electrical system on the Reservation; (3) amend the contract between the United States, the Economic Development Administration, and the tribe relating to the construction of the Elgo Dam on the Reservation to discharge all remaining repayment obligations of the United States on the enactment of this Act; and (4) to amend the contract between the United States and the Tribe relating to the construction of a domestic water and sewage treatment system on the Reservation to discharge all remaining repayment obligations of the United States on the enactment of this Act.
Establishes the San Carlos Apache Tribe Water Rights Trust Fund within the Treasury to contain the funds appropriated for it, the funds provided by Arizona under the agreement, and the funds received from the tribal water leases authorized by this Act. Outlines provisions regarding the use of the Fund.
Authorizes appropriations for the Fund and to carry out this Act.
Provides that the benefits realized by the Tribe and its members under this Act shall constitute full and complete satisfaction of all members present and future claims for water rights. Authorizes the Tribe and the Secretary on behalf of the United States to waive and release all present and future water rights claims.
Introduced in House
Introduced in House
Referred to the House Committee on Interior and Insular Affairs.
See H.R.5539.
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