WASHINGTON, D.C. – U.S. Senate Republican Whip Jon Kyl (R-Ariz.) today introduced the White Mountain Apache Tribe Water Rights Quantification Act of 2009 (S. 313), which would resolve major water claims in the state and provide a reliable source of drinking water to the White Mountain Apache Tribe. The following remarks by Senator Kyl regarding the settlement legislation appear in the Congressional Record:
“Today I am pleased to introduce the White Mountain Apache Tribe Water Rights Quantification Act of 2009. The legislation would authorize and confirm the tribe’s water settlement and authorize funding for a key drinking water project on the tribe’s reservation in northern Arizona – the Miner Flat Dam and Reservoir. The legislation is the product of nearly three years of negotiation and the tremendous work of the settlement parties.
“On behalf of the tribe, the United States filed substantial claims to water in the Gila River and Little Colorado River General Stream adjudications in Arizona. The settlement of these claims would, among other things, resolve the tribe’s claims to water by allocating to it a total annual water right of 52,000 acre-feet per year through a combination of surface water and Central Arizona Project water sources. Without a settlement, resolution of the tribe’s claims would take many years, entail great expense, prolong uncertainty concerning the availability of water supplies, and seriously impair the long-term economic well-being of all of the parties to the settlement.
“Late last year, the representatives of the non-federal water settlement parties indicated that a settlement was nearly finalized. The parties' representatives expressed their written support for the settlement and indicated that they will be submitting the settlement to their respective governing bodies for review and action. A number of the parties, including the White Mountain Apache Tribe, have already formally approved the settlement.
“A major factor driving the settlement is the drinking water needs of the White Mountain Apache Tribe. Currently, a relatively small well field serves the drinking water needs of the majority of the residents on the tribe’s reservation, but production from the wells has declined significantly over the last few years. As a result, the tribe has experienced summer drinking water shortages. The tribe is planning to construct a relatively small diversion project on the North Fork of the White River on its reservation this year. It indicates that when the project is completed it will replace most of the lost production from the existing well field, but will not produce enough water to meet the demand of the tribe’s growing population. The Miner Flat Project would provide a long-term solution for the tribe’s drinking water shortages.
“A significant percentage of the water and funding for the White Mountain Apache settlement has already been set aside in legislation I sponsored, the Arizona Water Settlements Act. The Arizona Water Settlements Act, which became law in 2004, settled expensive and lengthy litigation concerning the Gila River Indian Community’s rights to Gila River water and other water supplies, and the claims of the Tohono O’odham Nation for damages from groundwater pumping in southern Arizona. It also set aside 67,300 acre-feet of Central Arizona Project (CAP) water per year to resolve Indian water claims in Arizona and established a $250 million fund for future Arizona Indian water settlements.
“Under the White Mountain Apache Tribe’s settlement legislation, a portion of the CAP water set aside in the Arizona Water Settlements Act will be used to settle the White Mountain Apache Tribe’s claims and a portion of the $250 million will be used to construct the Miner Flat Project. While a potential scoring issue exists relating to the use of these funds, I am confident that these issues will be resolved as the legislation progresses.
“In sum, not only would the legislation I have introduced today provide certainty to water users in the State of Arizona regarding their future water supplies, it would provide the tribe with a long-term reliable source of drinking water. Therefore, I urge my colleagues to support this legislation.”
Kyl is a recognized leader on water issues. As senator, he has authored several pieces of key legislation settling water claims, including the landmark Arizona Water Settlements Act, which became law in 2004.
