A bill to provide for the settlement of the water rights claims of the Shivwits Band of the Paiute Indian tribe of Utah, and for other purposes.
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 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) Settles, ratifies, and confirms the Band's water rights.
Grants the Band the right in perpetuity to: (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 water generated by the St. George Project); and (2) 100 acre-feet annually from groundwater on the Shivwits Reservation.
Provides that the Shivwits Water Right shall not be subject to loss by abandonment or forfeiture for nonuse. Authorize the Band to use the Water Right for: (1) any purpose 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. 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 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 species and plants 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.
(Sec. 11) Establishes the Shivwits Band Trust Fund in the Treasury. Authorizes appropriations.
(Sec. 14) Releases 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.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2115)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 106-562.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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