Summary#
This Act approves and ratifies the Yavapai-Apache Nation Water Rights Settlement Agreement and directs the Secretary of the Interior to implement it. It recognizes and confirms water rights for the Yavapai-Apache Nation, requires the United States to hold certain water rights in trust for the Nation, and authorizes construction of the Tu nl[[nichoh Water Infrastructure Project. That project includes the Cragin-Verde Pipeline Project (to carry water from the C.C. Cragin Dam and Reservoir) and the Yavapai-Apache Nation (YAN) Drinking Water System Project (a treatment and distribution system). The Act creates two funds to pay for construction and related activities, and a Trust Fund for the Nation to use on water, wastewater, operation and maintenance, and watershed work. The Act directs the Secretary to comply with environmental laws, requires maintenance of a USGS gaging station at the YAN point of compliance, and sets an "Enforceability Date" when the settlement, waivers, and funding become effective. The Act also requires the Yavapai-Apache Nation and the United States to execute broad waivers and releases of past, present, and future claims against other parties as described in the Agreement, while preserving certain specified rights and exceptions.
What it means for you#
- If you are a member of the Yavapai-Apache Nation: the Act confirms Nation water rights described in the Agreement, provides money for infrastructure and a trust fund the Nation can draw from after conditions are met, and directs transfer of some lands into trust for the Nation. It also limits per-capita distributions from the Trust Fund.
- If you live in the Verde River Watershed or Yavapai County: the Act authorizes construction of a pipeline and related facilities to deliver water from C.C. Cragin Reservoir to the Nation and other beneficiaries in the Verde Valley, and it includes protections and planning for existing Verde River flows.
- For local water users and municipalities: the Act describes how YAN CAP Water may be delivered, leased, or exchanged, who pays operation and pumping charges, and states that CAP-related construction costs allocable to the Nation are nonreimbursable. It also preserves some rights for other landowners and allows the Nation to enter agreements with nearby towns.
Expenses#
- Mandatory transfers from the Treasury to the Bureau of Reclamation and the Trust Fund accounts:
- Tu nl[[nichoh Water Infrastructure Project Fund (Project Fund):
- $731,059,000 to the Cragin-Verde Pipeline Account
- $152,490,000 to the YAN Drinking Water System Account
- Yavapai-Apache Nation Water Settlement Trust Fund (Trust Fund):
- $300,000 to the Yavapai-Apache Water Settlement Implementation Account
- $58,000,000 to the Yavapai-Apache Water Projects Account
- $31,000,000 to the Yavapai-Apache Wastewater Projects Account
- $66,000,000 to the Yavapai-Apache OM&R Account
- $700,000 to the Yavapai-Apache Watershed Rehabilitation and Restoration Account
- Up to $13,000,000 of Project Fund money may be made available before the Enforceability Date for environmental compliance and preliminary design, subject to conditions.
- The Act allows specified adjustments for construction cost fluctuations and requires deposits to be made before the Enforceability Date for the Agreement to become enforceable. If required conditions are not met by a statutory date, the Act provides for repeal of most provisions and reversion of funds.
Proponents' View#
(As stated or reflected in the text of the Act)
- The Act resolves, fully and finally, the Nation's water claims described in the Agreement and authorizes the Nation and the United States to move forward with the settlement.
- It funds and authorizes construction of infrastructure to deliver, treat, and store water for the Nation and other beneficiaries in the Verde Valley Watershed, and creates a Trust Fund to support projects, wastewater, operation and maintenance, and watershed restoration.
- The Act recognizes the cultural, traditional, and religious value of the Verde River to the Yavapai and Dilzh*'e (Apache) and includes measures intended to protect existing Verde River flows.
Opponents' View#
No publicly available information.