Southern Arizona Water Rights Settlement Act of 1982

openUnited States· United States Congress· EN

Introduced

3 December 1981

Last action

21 September 1982 · Committee

Status

For Further Action See S.1409.

Summary

Southern Arizona Water Rights Settlement Act of 1981 - Directs the Secretary of the Interior to deliver water supplies to the Papago Tribe of Arizona and its members in settlement of tribal and individual water rights claims in portions of the Papago reservations. Directs the Secretary, as soon as possible but not later than ten years after enactment of this Act, and if the Tribe has agreed to specified conditions, to: (1) deliver annually specified amounts of water suitable for agricultural use from the main project works of the Central Arizona Project (CAP) to the San Xavier Reservation and to the Schuk Toak District of the Sells Papago Reservation; (2) construct facilities to convey and distribute such water; and (3) establish a water management plan for such areas. Directs the Secretary, upon request by the Tribe, to study the availability and suitability of water resources within the Sells Papago Reservation but outside the Tucson Active Management Area or the Upper Santa Cruz Basin. Authorizes appropriations to carry out such study. Declares that the Tribe shall have the right to withdraw ground water from beneath the San Xavier Reservation and the Schuk Toak District of the Sells Papago Reservation, subject to specified limitations. Declares that nothing in this Act shall diminish or abrogate any obligations of the Secretary to the Papago Tribe under the December 12, 1980, CAP water delivery contract. Requires that the above mentioned deliveries of water under this Act be in such amounts and according to such terms and conditions as are set forth in the December 12, 1980, agreement, except as otherwise provided in this Act. Directs the Secretary, when unable to deliver such amounts of water from the main project works of the CAP, to: (1) acquire and deliver an equivalent quantity of water from specified alternative supplies and sources; or (2) pay damages at the prevailing CAP rate for such quantities of municipal and industrial water. Sets forth conditions for acquisitions by the Secretary for purposes of fulfilling such water delivery obligations to the Tribe. Requires the owner's consent to the Secretary's acquisition of land, water rights, contract rights, or reclaimed water. Requires that any private lands acquired have a recent history of capacity to receive substantially all of the water right use and that preference in acquisition be given to lands upon which water has recently been put to beneficial use. Declares that nothing in this title shall authorize the Secretary to acquire or disturb the water rights of any Indian tribe, band, group, or community. Directs the Secretary, to meet such water delivery obligations, to: (1) design, construct, operate, maintain, and replace appropriate facilities; and (2) deliver the water to suitable boundary points agreed to by the Tribe. Authorizes the Secretary, to facilitate water delivery under this Act, to: (1) enter into contracts for the exchange of water or for the use of water delivery facilities; and (2) use facilities constructed with Federal funds. Sets forth similar requirements concerning the purchase and delivery of reclaimed water by the Secretary, in accordance with a specified agreement and in specified amounts, to the San Xavier Reservation and to the Schuk Toak District of the Sells Papago Reservation. Requires the Secretary to carry out specified water delivery obligations only if the Tribe agrees to: (1) certain limitations on the pumping of ground water; and (2) compliance with the water management plan. Requires the Secretary to carry out specified distribution systems obligations only if the Tribe agrees to: (1) subjugate the land; and (2) assume responsibility for the systems. Sets forth the rights of the Tribe with respect to the use of water supplies under this Act. Requires the Secretary to carry out specified water delivery obligations under this Act only if, within a specified period of time: (1) the city of Tucson, the Secretary, and the Tribe agree that the city will make available and the Secretary will purchase a specified quantity of reclaimed water to be delivered annually to the Tribe; (2) the Tribe agrees to file a stipulation for voluntary dismissal with prejudice of a specified district court suit and the suit is dismissed within an unspecified period of time; and (3) the Tribe executes a waiver and release of all of its claims concerning water rights within specified areas against the United States, the State of Arizona and its agencies and local governments, or any other person, corporation or municipal corporation, arising under U.S. or Arizona law. Provides that such waiver and release shall not take effect until a trust fund has been established and the full amount authorized to be appropriated to such trust fund under this Act has been appropriated by the Congress. Directs the Secretary to complete a study within one year to determine which lands within the Gila Bend Reservation have been rendered unsuitable for agriculture because of the operation of the Painted Rock Dam. Authorizes the Secretary to exchange such lands for an equivalent acreage, of like quality but suitable for agriculture. Authorizes appropriations for such purpose. Authorizes the establishment of a trust fund of $15,000,000 for the benefit of the Tribe. Directs the Secretary to invest such amount in interest bearing deposits and securities. Provides that the income thus accruing may only be used, pursuant to appropriations legislation, for the subjugation of land, development of water resources, and the construction, operation, maintenance, and replacement of related facilities on the Papago Reservations which are not the obligation of the United States. Authorizes appropriations to carry out this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

3 December 1981
Committee
Executive Comment Requested from Interior.
Source: Committee
3 December 1981
Introduced
Referred to House Committee on Interior and Insular Affairs.
Source: IntroReferral
3 December 1981
Introduced
Introduced in House
Source: IntroReferral
3 December 1981
Introduced
Introduced in House
Source: IntroReferral
11 December 1981
Committee
Committee Consideration and Mark-up Session Held.
Source: Committee
16 December 1981
Reported
Ordered to be Reported (Amended).
Source: Committee
16 December 1981
Committee
Committee Consideration and Mark-up Session Held.
Source: Committee
29 January 1982
Calendars
Placed on Union Calendar No: 256.
Source: Calendars
29 January 1982
Reported
Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 97-422.
Source: Committee
29 January 1982
Reported
Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 97-422.
Source: Committee
9 February 1982
Reported
Rules Committee Resolution H.Res.357 Reported to House.
Source: Floor
9 February 1982
Floor
Rule Granted Providing an Open Rule with 1 Hour of Debate. Partial Waiver of Points of Order.
Source: Floor
3 March 1982
Passed
Rule Passed House.
Source: Floor
4 March 1982
Vote
Passed House (Amended) by Yea-Nay Vote: 311 - 50 (Record Vote No: 18).
Source: Floor
4 March 1982
Vote
Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 311 - 50 (Record Vote No: 18).
Source: Floor
4 March 1982
Floor
Called up by House by Rule.
Source: Floor
8 March 1982
Introduced
Received in the Senate and read twice and referred to the Committee on Indian Affairs.
Source: IntroReferral
31 March 1982
Committee
Committee on Indian Affairs. Hearings held.
Source: Committee
28 April 1982
Reported
Committee on Indian Affairs. Ordered to be reported in lieu of S. 2114 with an amendment in the nature of a substitute favorably.
Source: Committee
29 April 1982
Calendars
Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 535.
Source: Calendars
29 April 1982
Reported
Committee on Indian Affairs. Reported to Senate by Senator Cohen with an amendment in the nature of a substitute. With written report No. 97-375.
Source: Committee
29 April 1982
Reported
Committee on Indian Affairs. Reported to Senate by Senator Cohen with an amendment in the nature of a substitute. With written report No. 97-375.
Source: Committee
11 May 1982
Floor
Considered by Senate.
Source: Floor
11 May 1982
Passed
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Source: Floor
12 May 1982
NotUsed
Resolving differences -- House actions: House Concurred, in Senate Amendments , with Amendments by Unanimous Consent.
Source: NotUsed
12 May 1982
ResolvingDifferences
House Concurred, in Senate Amendments , with Amendments by Unanimous Consent.
Source: ResolvingDifferences
13 May 1982
Passed
Senate agreed to House amendments to the Senate amendment. By Voice Vote.
Source: ResolvingDifferences
13 May 1982
Passed
Resolving differences -- Senate actions: Senate agreed to House amendments to the Senate amendment. By Voice Vote.
Source: NotUsed
19 May 1982
Floor
Measure Signed in Senate.
Source: Floor
20 May 1982
Floor
Presented to President.
Source: Floor
20 May 1982
President
Presented to President.
Source: President
1 June 1982
President
Vetoed by President.
Source: President
1 June 1982
President
Vetoed by President.
Source: President
10 June 1982
Referred
Veto Message and Bill Referred to House Committee on Interior and Insular Affairs.
Source: Veto
21 September 1982
Committee
For Further Action See S.1409.
Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

6 official files

House agreed to Senate amendment with amendment
summary · EN · 12 May 1982
Open at official source
Passed Senate amended
summary · EN · 11 May 1982
Open at official source
Reported to Senate with amendment(s)
summary · EN · 29 April 1982
Open at official source
Passed House amended
summary · EN · 4 March 1982
Open at official source
Reported to House with amendment(s)
summary · EN · 29 January 1982
Open at official source
Introduced in House
summary · EN · 3 December 1981
Open at official source

Related records

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/97th-congress/house-bill/5118
Open data entity: https://api.congress.gov/v3/bill/97/hr/5118
us · 97-hr-5118 · source updated 20 June 2025