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Bill
Notes

H.R. 4924 — what changed

Bill Williams River Water Rights Settlement Act of 2014

From Reported in House to Engrossed in House. 2 sections amended between Reported in House and Engrossed in House.

Sec. 3 Definitions

In this Act:

(1)
ADWR— The term ADWR means the Arizona department of water resources, established pursuant to title 45 of the Arizona Revised Statutes (or a successor agency or entity).
(2)
Allotment— The term allotment means the 4 off-reservation parcels held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494.
(3)
Allottee— The term allottee means any Indian owner of an allotment under a patent numbered 1039995, 1039996, 1039997, or 1019494.
(4)
Arizona Game and Fish Commission— The term Arizona Game and Fish Commission means the entity established pursuant to title 17 of the Arizona Revised Statutes to control the Arizona game and fish department (or a successor agency or entity).
(5)
Bagdad Mine Complex and Bagdad Townsite— The term Bagdad Mine Complex and Bagdad Townsite means the geographical area depicted on the map attached as exhibit 2.9 to the Big Sandy River-Planet Ranch Agreement.
(6)
Big Sandy River-Planet Ranch Agreement— The term Big Sandy River-Planet Ranch Agreement means the Big Sandy River-Planet Ranch Water Rights Settlement Agreement dated July 2, 2014, and any amendment or exhibit (including exhibit amendments) to that Agreement that is—
(A)
made in accordance with this Act; or
(B)
otherwise approved by the Secretary and the parties to the Big Sandy River-Planet Ranch Agreement.
(7)
Bill Williams River watershed— The term Bill Williams River watershed means the watershed drained by the Bill Williams River and the tributaries of that river, including the Big Sandy and Santa Maria Rivers.
(8)
Conservation Program— The term Conservation Program has the meaning given the term Lower Colorado River Multi-Species Conservation Program in section 9401 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1327).
(9)
Corporation—
(A)
In general— The term Corporation means the Freeport Minerals Corporation, incorporated in the State of Delaware.
(B)
Inclusions— The term Corporation includes all subsidiaries, affiliates, successors, and assigns of the Freeport Minerals Corporation (such as Byner Cattle Company, incorporated in the State of Nevada).
(10)
Department— The term Department means the Department of the Interior and all constituent bureaus of that Department.
(11)
Enforceability date— The term enforceability date means the date described in section 9.
(12)
Freeport Groundwater Wells—
(A)
In general— The term Freeport Groundwater Wells means the 5 wells identified by ADWR well registration numbers—
(i)
55–592824;
(ii)
55–595808;
(iii)
55–595810;
(iv)
55–200964; and
(v)
55–908273.
(B)
Inclusions— The term Freeport Groundwater Wells includes any replacement of a well referred to in subparagraph (A) drilled by or for the Corporation to supply water to the Bagdad Mine Complex and Bagdad Townsite.
(C)
Exclusions— The term Freeport Groundwater Wells does not include any other well owned by the Corporation at any other location.
(13)
Hualapai Tribe Agreement— The term Hualapai Tribe Agreement means the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement dated July 2, 2014, including any amendment or exhibit (including exhibit amendments) to that Agreement that is—
(A)
made in accordance with this Act; or
(B)
otherwise approved by the Secretary and the parties to the Agreement.
(14)
Hualapai Tribe Water Rights Settlement Agreement— The term Hualapai Tribe Water Rights Settlement Agreement means the comprehensive settlement agreement in the process of negotiation as of the date of enactment of this Act to resolve the claims of the Tribe for rights to Colorado River water and Verde River water with finality.
(15)
Injury—
(A)
In general— The term injury, with respect to a water right, means any interference with, diminution of, or deprivation of the water right under Federal, State, or other law.
(B)
Exclusion— The term injury does not include any injury to water quality.
(16)
Lincoln Ranch— The term Lincoln Ranch means the property owned by the Corporation described in the special warranty deed recorded on December 4, 1995, at Book 1995 and Page 05874 in the official records of La Paz County, Arizona.
(17)
Parcel 1— The term Parcel 1 means the parcel of land that—
(A)
is depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and
(B)
is held in trust for certain allottees.
(18)
Parcel 2— The term Parcel 2 means the parcel of land that—
(A)
is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and
(B)
is held in trust for certain allottees.
(19)
Parcel 3— The term Parcel 3 means the parcel of land that—
(A)
is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10;
(B)
is held in trust for the Tribe; and
(C)
changed is part of the Hualapai Reservation pursuant to Executive Order No. 1368 of June 2, 1911.
(20)
Party— The term party means an individual or entity that is a signatory to—
(A)
the Big Sandy River-Planet Ranch Agreement; or
(B)
the Hualapai Tribe Agreement.
(21)
Planet Ranch— The term Planet Ranch means the property owned by the Corporation described—
(A)
in the special warranty deed recorded on December 14, 2011, at Book 2011 and Page 05267 in the official records of La Paz County, Arizona; and
(B)
as Instrument No. 2011–062804 in the official records of Mohave County, Arizona.
(22)
Secretary— The term Secretary means the Secretary of the Interior.
(23)
Sever and transfer applications— The term sever and transfer applications means the applications filed or amended by the Corporation and pending on the date of enactment of this Act to sever and transfer certain water rights—
(A)
from Lincoln Ranch and from Planet Ranch to the Wikieup Wellfield for use at the Bagdad Mine Complex and Bagdad Townsite; and
(B)
from portions of Planet Ranch (as determined on the date on which the applications were filed or amended) to new locations within Planet Ranch.
(24)
Tribe— The term Tribe means the Hualapai Tribe, organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 476) (commonly known as the “Indian Reorganization Act”), and recognized by the Secretary.
(25)
Water right— The term water right means—
(A)
any right in or to groundwater, surface water, or effluent under Federal, State, or other law; and
(B)
for purposes of subsections (d) and (e) of section 5, any right to Colorado River water.
(26)
Wikieup Wellfield— The term Wikieup Wellfield means the geographical area depicted on the map attached as exhibit 2.10 to the Big Sandy River-Planet Ranch Agreement.

Sec. 5 Hualapai Tribe Agreement

(a)
In general— Except to the extent that any provision of, or amendment to, the Hualapai Tribe Agreement conflicts with this Act—
(1)
the Hualapai Tribe Agreement is authorized, ratified, and confirmed; and
(2)
any amendment to the Hualapai Tribe Agreement executed to make the Hualapai Tribe Agreement consistent with this Act is authorized, ratified, and confirmed.
(b)
Execution— To the extent that the Hualapai Tribe Agreement does not conflict with this Act, and in support of the purposes of this Act, the Secretary shall execute—
(1)
the Hualapai Tribe Agreement (including all exhibits to the Hualapai Tribe Agreement requiring the signature of the Secretary); and
(2)
any amendment to the Hualapai Tribe Agreement (including any amendment to an exhibit of the Hualapai Tribe Agreement requiring the signature of the Secretary) that is necessary to make the Hualapai Tribe Agreement consistent with this Act.
(c)
Modifications and corrections— The Secretary may execute any other amendment to the Hualapai Tribe Agreement (including any amendment to an exhibit to the Hualapai Tribe Agreement requiring the signature of the Secretary) that is not inconsistent with this Act, if the amendment—
(1)
is approved by the Secretary and the parties to the Hualapai Tribe Agreement; and
(2)
does not require approval by Congress.
(d)
Contribution of Corporation to economic development fund—
(1)
In general— The contribution of the Corporation to the economic development fund of the Tribe, as provided in section 8.1 of the Hualapai Tribe Agreement—
(A)
may be used by the Tribe for the limited purpose of facilitating settlement of the claims of the Tribe for rights to Colorado River water by enabling the Tribe—
(i)
to acquire Colorado River water rights with the intent to increase the security of the water rights of the Tribe; and
(ii)
to otherwise facilitate the use of water on the Hualapai Reservation;
(B)
shall be considered to be a non-Federal contribution that counts toward any non-Federal contribution associated with a settlement of the claims of the Tribe for rights to Colorado River water; and
(C)
shall not be—
(i)
considered to be trust funds; or
(ii)
subject to responsibility or management by the United States as trustee for the Tribe, members of the Tribe, and the allottees.
(2)
Limitation on transfer of water rights— The Colorado River water rights acquired by the Tribe may be used off the Hualapai Reservation only for irrigation of acquired appurtenant land, or for storage in accordance with Federal and State law in a permitted recharge facility in the State of Arizona, subject to the conditions that—
(A)
the Tribe shall not seek to transfer or sell accumulated long-term storage credits generated from the storage of the acquired Colorado River water rights; and
(B)
the Tribe shall not seek approval to change the place of use of the acquired Colorado River water rights, except for the purposes of storing the water in accordance with this paragraph.
(3)
Expiration— The limitation provided under paragraph (2) expires on the earlier of—
(A)
the date on which the Hualapai Tribe Water Rights Settlement Agreement becomes enforceable; and
(B)
December 31, 2039.
(4)
Colorado river water rights counted against claims of Tribe—
(A)
changed In general— If the Hualapai Tribe Water Rights Settlement Agreement does not become enforceable by December 31, 2039, any Colorado River water rights acquired by the Tribe with the contribution of the Corporation to the economic development fund of the Tribe shall be counted, on an acre-foot per acre-foot basis, toward the claims of the Tribe for rights to Colorado River water in any subsequent settlement or adjudication of those claims.water.
(B)
changed Effect of paragraph— Nothing in this paragraph restricts any claim for rights of the Tribe to Colorado River water in any subsequent settlement or adjudication.water.
(e)
Future limitations on land taken into trust— As provided in section 10.11 of the Hualapai Tribe Agreement, the parties to the Hualapai Tribe Agreement shall negotiate in good faith with other parties the terms under which any land within the State of Arizona held or acquired in fee by the Tribe may be taken into trust by the United States for the benefit of the Tribe, with any applicable terms to be incorporated into the Hualapai Tribe Water Rights Settlement Agreement, subject to approval by Congress.