Fort McDowell Indian Community Water Rights Settlement Act of 1990

Summary

Fort McDowell Indian Community Water Rights Settlement Act of 1990 - Ratifies the Agreement among the following parties to settle water rights claims involving such parties and other tribes having claims to the surface water of the Salt and Verde River system: (1) the Fort McDowell Indian Community; (2) the State of Arizona; (3) the Salt River Project Agricultural Improvement and Power District (SRP); (4) the Salt River Valley Water Users' Association; (5) the Roosevelt Water Conservation District; and (6) specified Arizona cities. Directs the Secretary of the Interior to execute and perform such Agreement. Directs the Secretary of the Interior to acquire an additional specified amount of water having a Central Arizona Project (CAP) municipal and industrial priority or better from the following sources under specified terms and conditions for delivery to the Community pursuant to the Agreement: (1) water acquired for and in excess of the amounts necessary for delivery to the Ak-Chin Indian Community; (2) CAP water permanently relinquished by the Haraquahala Valley Irrigation District; and (3) CAP Indian priority water permanently relinquished by the City of Prescott, specified tribes, the Cottonwood Water Company and the Camp Verde Water Company. Authorizes the Secretary to contract to deliver replacement water to those entities who relinquish CAP water for the benefit of the Community. Requires the Secretary to exclude the costs of CAP water acquired from the tribes from the repayment obligation of the Central Arizona Water Conservation District. Authorizes appropriations for acquiring replacement water. Directs the Secretary to amend the CAP water delivery contract between the United States and the Community dated December 11, 1980, to: (1) extend its term; (2) provide for subsequent renewal; and (3) authorize the Community to lease the CAP water to which it is entitled to certain Arizona cities. Authorizes the Community, with the approval of the Secretary, to lease the water delivered to it for its fair market value for the term provided in the Agreement but for use only in Pima, Pinal, or Maricopa Counties. Ratifies the agreement between the United States and the Salt River Valley Water Users' Association dated June 3, 1935, relating to the Verde River Storage Works and the agreement among the Salt River Valley Water Users' Association, Phelps Dodge Corporation, and the Defense Plant Corporation dated March 1, 1944, including the rights to Verde River storage, to permit the Community to fully utilize its water rights entitlement under the Kent Decree of 1910. Authorizes and directs the Secretary to contract with SRP for a certain period to utilize a specified amount of their entitlement to existing storage on the Verde River for reregulation of the Community's water rights entitlement under the Kent Decree on a seasonal basis. Ratifies the contract between the Salt River Valley Water Users' Association and Roosevelt Water Conservation District dated October 24, 1924. Authorizes and directs the Secretary to revise and execute a certain subcontract of the District for agricultural water service from CAP to permit the conversion of agricultural water to municipal and industrial uses. Directs the Secretary, pursuant to the authority of the Colorado River Basin Project Act, to design and construct new facilities for the delivery of water to Community reservation lands at a cost which shall not exceed the cost for such design and construction which would have been incurred by the Secretary in the absence of the Agreement and this Act. Authorizes appropriations for such facilities. Directs the Community to establish the Fort McDowell Indian Community Development Fund to contain: (1) such appropriated funds; and (2) funds provided by Arizona under the Agreement. Outlines provisions governing use of the Fund. Provides that the benefits realized by the Community's members under this Act shall constitute full and complete satisfaction of all members' present and future claims for water rights. Authorizes the Community and the Secretary on behalf of the United States, pursuant to the Agreement, to waive and release all present and future water rights claims of the Community, except those claims solely against the United States.

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4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 28 September 1990

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• Introduced in Senate

  summary · EN · 25 July 1990

  Open at official source

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