The Arizona Water Settlements Act, adopted by Congress:

• Finalizes an agreement between the U.S. and Arizona for Central Arizona Project repayment obligations.

• Settles water disputes between the Gila River Indian Community and all parties (including New Mexico parties); and

• Settles pending litigation by the Tohono O'odham Nation

Senate Report 108-360, Arizona Water Settlements Act

HIGHLIGHTS

Arizona Water Settlements Act 2004, Pub. Law 108-451

Title I. CAP Settlement Act

• Final division of CAP water for Federal and non-Federal uses
• Commitment of State to firm certain amounts of Federal CAP water
• Reallocates 65,647 AF of M&I Priority CAP water to cities, towns and water companies.
• Reallocates 197,500 AF of NIA Priority CAP water for present and future tribal settlements.
• Reallocates up to 96,295 AF of NIA Priority CAP water (but retaining its low priority) to the ADWR Director to hold in trust and to make reallocation recommendations for M&I purposes to Arizona entities after 2010.

II. Gila River Indian Community Water Settlement

• Tribal water Budget: 653,500 AF
• Requires state law substantive changes
• Southside Protection Plan

-- See attached Map (746KB) and
-- Legal Descriptions of Protection Zones (12KB)

• Upper Gila River Valley Watershed Maintenance Program

 -- See attached Map (702KB)

• Leasing and Effluent Exchange
• Full waivers and releases for water users subject to settlement agreement
• GRIC Settlement Documents:

-- Application for order to approve Indian water rights settlement stipulation
-- Stipulation setting forth terms of settlement
-- Stipulation exhibits
-- Order for special proceedings
-- Notice of proposed settlement
 

III. SAWRSA Amendments

• Finalizes settlement reached in 1982, with tribal water budget of 76,000 AF
• Requires state law substantive changes
• San Xavier Groundwater Protection Plan
• Mission mine tribal recharge authorization
• Leasing Provisions

View Public Law 108-451