A bill to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.
Hualapai Tribe Water Rights Settlement Act of 2022
This act authorizes, ratifies, and confirms the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others, thus satisfying the tribe's claims for groundwater and surface water rights to water in Arizona, including the Verde River, the Bill Williams River, and the Colorado River.
The act outlines the tribe's water rights, including the right to divert, use, and store 4,000 acre-feet of agricultural priority water of the Central Arizona Project that was previously allocated to nontribal agricultural entities, but retained by the Department of the Interior for reallocation to tribes in Arizona pursuant to the Central Arizona Project Settlement Act of 2004. Interior must reallocate this priority water to the tribe, firm through 2107 a specified amount of the water, and enter into a water delivery contract with the tribe.
The act directs Interior to establish the Hualapai Water Trust Fund Account. Amounts deposited in the trust fund account shall be made available to the tribe for specified purposes, including to construct the Hualapai Water Project. The project must be designed to divert, treat, and convey up to 3,414 acre-feet of water per year from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation.
Additionally, the act establishes in the Treasury the Hualapai Water Settlement Implementation Fund Account. Amounts in this account must be used to carry out groundwater monitoring and an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the tribe's reservation.
The act adds certain land in Arizona to the tribe's reservation and also authorizes Interior to take specified land into trust for the benefit of the tribe. In the future, land located outside the reservation may only be taken into trust through an act of Congress.
The act outlines (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.
The act repeals the settlement agreement (except for provisions related to land added to the reservation and land taken into trust) if Interior does not publish by April 15, 2029, a statement of findings that specified conditions have been fulfilled (including that Interior has executed the required water delivery contract).
Subcommittee Hearings Held.
Received in the Senate.
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7315-7325)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mrs. Peltola moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H9942-9952)
DEBATE - The House proceeded with forty minutes of debate on S. 4104.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H10033-10034)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 360 - 55 (Roll no. 542).(text: 12/21/2022 CR H9942-9952)
Roll Call #542 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 360 - 55 (Roll no. 542). (text: 12/21/2022 CR H9942-9952)
Enacted as Public Law 117-349
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Motion to reconsider laid on the table Agreed to without objection.
By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-287.
By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-287.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-349.
Became Public Law No: 117-349.