,i #aahth ,,congress #b;d ,session ,h4 ,r4 #hidi ,,in ,,the ,,house ,,of ,,representatives ,july #h1 #bjbd ,mr4 ,schweikert 7for himself1 ,mrs4 ,lesko1 ,mr4 ,ciscomani1 and ,mr4 ,stanton7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to approve the settlement of water rights claims of the ,yavapai-,apache ,nation in the ,state of ,arizona1 to authorize construction of a water project relating to those water rights claims1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,yavapai-,apache ,nation ,water ,rights ,settlement ,act of #bjbd4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,purposes and findings4 ,sec4 #c4 ,definitions4 ,title ,i--,,yavapai-,,apache ,,nation ,,water ,,rights ,,settlement ,,agreement ,sec4 #aja4 ,ratification and execution of the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement4 ,sec4 #ajb4 ,water rights4 ,sec4 #ajc4 ,t lnchoh ,water ,infrastructure ,project4 ,sec4 #ajd4 ,t lnchoh ,water ,infrastructure ,project ,fund4 ,sec4 #aje4 ,yavapai-,apache ,nation ,water ,settlement ,trust ,fund4 ,sec4 #ajf4 ,gaging station4 ,sec4 #ajg4 ,funding4 ,sec4 #ajh4 ,waivers1 releases and retentions of claims4 ,sec4 #aji4 ,satisfaction of water rights and other benefits2 effect on members of the ,yavapai-,apache ,nation and ,dinah ,hood ,allotment4 ,sec4 #aaj4 ,trust land4 ,sec4 #aaa4 ,yavapai-,apache ,nation ,cap ,water4 ,sec4 #aab4 ,enforceability date4 ,sec4 #aac4 ,administration4 ,sec4 #aad4 ,miscellaneous4 ,title ,,ii--,,yavapai-,,apache ,,land ,,exchange ,sec4 #bja4 ,yavapai-,apache land exchange4 ,sec4 #bjb4 ,town of ,camp ,verde and ,forest ,service4 #b4 ,purposes and findings ,the purposes of this ,act are-- 7#a7 to resolve1 fully and finally1 all claims to rights to water1 including damages claims related to water1 in the ,state1 including in the ,verde ,river ,watershed and the ,colorado ,river1 of-- 7,a7 the ,yavapai-,apache ,nation1 on behalf of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees72 7,b7 the ,united ,states1 acting as trustee for the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees72 7#b7 to authorize1 ratify1 and confirm the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement1 to the extent that agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary to execute and perform the duties and obligations of the ,secretary under the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement and this ,act2 7#d7 to authorize the appropriation of funds necessary to carry out the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement and this ,act2 and 7#e7 to recognize the important cultural1 traditional and religious value of the ,verde ,river to the ,yavep 7,yavapai7 who know the ,verde ,river as ,hatayakehela 7big river71 and to the ,dilzh 7,apache7 who know the ,verde ,river as ,t lnchoh 7big water flowing71 and to protect the existing flows of the ,verde ,river1 including flood flows1 as described in the ,agreement and this ,act1 on the ,yavapai-,apache ,reservation1 now and in the future4 #c4 ,definitions ,in this ,act3 7#a7 ,afy ,the term ,,afy means acre-feet per ,year4 7#b7 ,agreement ,the term ,agreement means 7,a7 the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement dated ,june #bf1 #bjbd2 and 7,b7 any amendment or exhibit 7including exhibit amendments7 to the ,agreement that are 7i7 made in accordance with the ,act1 or 7ii7 otherwise approved by the ,secretary and the ,parties to the ,agreement4 7#c7 ,allottee ,the term ,allottee means 7,a7 an individual ,indian holding an undivided fractional beneficial interest in the ,dinah ,hood ,allotment2 or 7,b7 an ,indian ,tribe holding an undivided fractional beneficial interest in the ,dinah ,hood ,allotment4 7#d7 ,arizona water banking authority ,the term ,arizona ,water ,banking ,authority means the ,arizona ,water ,banking ,authority1 formed pursuant to ,a4,r4,s4 #de-bdja et seq4 7#e7 ,available cap supply ,the term ,available ,,cap ,supply means for any ,year 7,a7 all ,fourth ,priority ,river ,water available for delivery through the ,,cap2 7,b7 water available from ,,cap dams and reservoirs other than the ,modified ,roosevelt ,dam2 and 7,c7 return flows captured by the ,secretary for ,,cap use4 7#f7 ,bureau of reclamation ,the term ,bureau of ,reclamation means the ,united ,states ,bureau of ,reclamation4 7#g7 ,cap or central arizona project ,the term ,,cap or ,central ,arizona ,project means the reclamation project authorized and constructed by the ,united ,states in accordance with ,title ,,iii of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aeba et seq474 7#h7 ,cap contract ,the term ,,cap ,contract means a long-term contract 7as defined in the ,,cap ,repayment ,stipulation7 with the ,united ,states for delivery of ,,cap ,water through the ,,cap ,system4 7#i7 ,cap contractor 7,a7 ,in general ,the term ,,cap ,contractor means a person or entity that has entered into a ,,cap ,contract4 7,b7 ,inclusion ,the term ,,cap ,contractor includes the ,yavapai-,apache ,nation4 7#aj7 ,cap fixed omr charge ,the term ,,cap ,fixed ,,om,r ,charge has the meaning given the term ,fixed ,,om,r ,charge in the ,,cap ,repayment ,stipulation4 7#aa7 ,cap indian priority water ,the term ,,cap ,indian ,priority ,water means water within the ,available ,,cap ,supply having an ,indian delivery priority4 7#ab7 ,cap operating agency ,the term ,,cap ,operating ,agency means-- 7,a7 the #a or more entities authorized to assume responsibility for the care1 operation1 maintenance and replacement of the ,,cap ,system2 and 7,b7 as of the date of enactment of this ,act1 is ,,cawcd4 7#ac7 ,cap pumping energy charge ,the term ,,cap ,pumping ,energy ,charge means the term ,pumping ,energy ,charge in the ,,cap ,repayment ,stipulation4 7#ad7 ,cap repayment contract ,the term ,,cap ,repayment ,contract means-- 7,a7 the contract dated ,december #a1 #aihh 7,contract ,no4 #ad-jf-,w-#bde1 ,amendment ,no4 #a71 between the ,united ,states and the ,central ,arizona ,water ,conservation ,district for the ,delivery of ,water and ,repayment of ,costs of the ,,cap2 and 7,b7 any amendment to1 or revision of1 that contract4 7#ae7 ,cap repayment stipulation ,the term ,,cap ,repayment ,stipulation means the ,stipulated ,judgment and the ,stipulation for ,judgment1 including any exhibits to those documents1 entered on ,november #ba1 #bjjg1 in the ,united ,states ,district ,court for the ,district of ,arizona in the consolidated civil action ,central ,arizona ,water ,conservation ,district v4 ,united ,states1 et al41 numbered ,,civ #ie-fbe-,,tuc-,,wdb-,,ehc and ,,civ #ie-agbj-,,phx-,,ehc4 7#af7 ,,capsa ,the term ,,capsa means the ,central ,arizona ,project ,settlement ,act of #bjjd1 ,title ,i of the ,arizona ,water ,settlements ,act1 ,p4,l4 #ajh-dea1 #aah ,stat4 #cdgh 7#bjjd74 7#ag7 ,cap subcontract ,the term ,,cap ,subcontract means a long-term subcontract 7as defined in the ,,cap ,repayment ,stipulation7 with the ,united ,states and the ,central ,arizona ,water ,conservation ,district for the delivery of ,,cap water through the ,,cap ,system4 7#ah7 ,cap subcontrator ,the term ,,cap ,subcontractor means a person or entity that has entered into a ,,cap ,subcontract4 7#ai7 ,cap system ,the term ,,cap ,system means-- 7,a7 the ,mark ,wilmer ,pumping ,plant2 7,b7 the ,hayden-,rhodes ,aqueduct2 7,c7 the ,fannin-,mc,farland ,aqueduct2 7,d7 the ,tucson ,aqueduct2 7,e7 any pumping plant or appurtenant work of a feature described in 7,a71 7,b71 7,c71 or 7,d72 and 7,f7 any extension of1 addition to1 or replacement of a feature described in ,subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e74 7#bj7 ,cap system use agreement ,the term ,,cap ,system ,use ,agreement means that certain ,central ,arizona ,project ,system ,use ,agreement dated ,february #b1 #bjag1 between the ,united ,states of ,america and the ,central ,arizona ,water ,conservation ,district4 7#ba7 ,cap water ,the term ,,cap ,water has the meaning given the term ,project ,water in the ,,cap ,repayment ,stipulation4 7#bb7 ,,cawcd ,the term ,,cawcd means the political subdivision of the ,state that is the contractor under the ,,cap ,repayment ,contract and is the ,,cap ,operating ,agency as of the date of enactment of the ,act4 7#bc7 ,c4,c4 cragin dam and reservoir 7,a7 ,the term ,c4,c4 ,cragin ,dam and ,reservoir means-- 7i7 the ,c4,c4 ,cragin ,dam and ,reservoir located on ,east ,clear ,creek in ,coconino ,county1 ,arizona1 owned by the ,united ,states and operated by the ,salt ,river ,project ,agricultural ,improvement and ,power ,district2 7ii7 associated facilities located in ,gila and ,coconino ,counties1 ,arizona1 including pipelines1 tunnels1 buildings1 hydroelectric generating facilities and other structures of every kind2 transmission1 telephone and fiber optic lines2 pumps1 machinery1 tools and appliances2 and 7iii7 all real or personal property1 appurtenant to or used1 or constructed or otherwise acquired to be used1 in connection with the ,c4,c4 ,cragin ,dam and ,reservoir4 7,b7 ,exclusion ,the term ,c4,c4 ,cragin ,dam and ,reservoir does not include the ,cragin-,verde ,pipeline ,project4 7#bd7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau of ,reclamation4 7#be7 ,cragin capital costs ,the term ,cragin ,capital ,costs means all costs incurred by ,,srp for the acquisition and improvement of land1 facilities1 equipment1 and inventories related to the ,c4,c4 ,cragin ,dam and ,reservoir1 which shall include3 labor1 overhead1 materials1 supplies1 spare parts1 equipment purchase and rental1 and transportation4 ,prior to ,may #a1 #bjji1 all expenses incurred by ,,srp are accrued as ,cragin ,capital ,costs excluding capital costs of the ,,srp-,cragin ,pumping ,system4 7#bf7 ,cragin om costs ,the term ,cragin ,o,m ,costs means all costs incurred by ,,srp for the operation and maintenance of all ,c4,c4 ,cragin facilities1 except for those costs defined as ,cragin ,capital ,costs4 ,such costs shall include costs for the following items3 insurance1 inspections1 permits1 taxes1 fees1 licenses1 contract services1 legal services1 accounting1 travel1 environmental compliance1 repairs1 testing1 labor1 salaries1 overhead1 materials1 supplies1 expenses1 equipment1 vehicles1 energy1 fuel1 and any cost borne by ,,srp prior to the assumption of care1 operation1 and maintenance of the ,cragin-,verde ,pipeline ,project by ,,srp from the ,united ,states pursuant to the #aiag ,agreement1 excluding ,o,m ,costs and ,a,g ,costs of ,,srp-,cragin ,pumping ,system as defined in the ,,yan-,,srp ,water ,delivery and ,use ,agreement4 7#bg7 ,cragin-verde pipeline project ,the term ,cragin-,verde ,pipeline ,project means the water infrastructure project under the ,t lnchoh ,water ,infrastructure ,project1 as described in section #ajc7;b7 of this ,act1 which will deliver water from the ,c4,c4 ,cragin ,dam and ,reservoir to the ,yavapai-,apache ,nation1 and to other beneficiaries in accordance with section #aad7;a7 of the ,act4 7#bh7 ,cap_/srp interconnection facility ,the term 8,,cap_/,,srp ,interconnection ,facility0 means the interconnection facility that connects the ,hayden-,rhodes ,aqueduct of the ,,cap ,system to ,,srp's water delivery system4 7#bi7 ,date of substantial completion ,the term ,date of ,substantial ,completion means the date described in section #ajc7;d74 7#cj7 ,depletion or deplete ,the term ,depletion or ,deplete means the amount of ,water ,diverted less return flows to the ,verde ,river ,watershed4 7#ca7 ,dinah hood allotment ,the term ,dinah ,hood ,allotment means the tract of land allotted pursuant to ,section #d of the ,general ,allotment ,act of #ahhg1 #bd ,stat4 #chi1 ch4 #aai 7formerly codified at #be ,u4,s4,c4 #ccd7 that is held in trust by the ,united ,states for the benefit of ,allottees under patent number #ibfefb1 as described and depicted in ,exhibit #b4cg to the ,agreement4 7#cb7 ,diversion ,the term ,diversion means an act to ,divert4 7#cc7 ,divert or diverting ,the term ,divert or ,diverting means to receive1 withdraw or develop and produce or capture ,water 7,a7 using a ditch1 canal1 flume1 bypass1 pipeline1 pit1 collection or infiltration gallery1 conduit1 well1 pump1 turnout1 dam1 or any other mechanical device2 or 7,b7 by any other human act4 7#cd7 ,domestic use ,the term ,domestic ,use means1 for purposes of ,paragraph #ac4j of the ,agreement and section #ajh of this ,act1 a ,use of ,water serving a residence1 or multiple residences up to a maximum of three residential connections1 for household purposes with associated irrigation of lawns1 gardens or landscape in an amount of not more than one-half acre per residence4 ,domestic ,use does not include the ,use of ,water delivered to a residence or multiple residences by a city1 town1 private water company1 irrigation provider or special taxing district established pursuant to ,title #dh1 ,arizona ,revised ,statutes4 7#ce7 ,effective date ,the term ,effective ,date means the date that the ,agreement is signed by all of the ,parties1 other than the ,united ,states4 7#cf7 ,effluent ,the term ,effluent means water that--7,a7 has been used in the ,state for domestic1 municipal1 or industrial purposes1 other than solely for hydropower generation2 and 7,b7 is available for reuse for any purpose in accordance with applicable law and the ,agreement1 regardless of whether the water has been treated to improve the quality of the water4 7#cg7 ,enforceability date ,the term ,enforceability ,date means the date described in section #aab4 7#ch7 ,exchange ,the term ,exchange means a trade between #a or more persons or entities1 of any water for any other water1 if each person or entity has a right or claim to use the water the person or entity provides in the trade1 regardless of whether the water is traded in equal quantities or other consideration is included in the trade4 7#ci7 ,federal land ,the term ,federal ,land means the land described in section #bja7;a77#e74 7#dj7 ,forest service ,the term ,forest ,service means the ,united ,states ,forest ,service4 7#da7 ,fourth priority water ,the term ,fourth ,priority ,water means ,colorado ,river water available for delivery within the ,state for satisfaction of entitlements 7,a7 in accordance with contracts1 ,secretarial reservations1 perfected rights1 and other arrangements between the ,united ,states and water users in the ,state entered into or established subsequent to ,september #cj1 #aifh1 for use on ,federal1 ,state1 or privately owned lands in the ,state1 in a total quantity not to exceed #afd1feb ,,afy of diversions2 and 7,b7 after first providing for the delivery of ,colorado ,river water for the ,,cap ,system1 including for ,use on ,indian land1 under section #cjd7;e7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aebd7;e771 in accordance with the ,,cap ,repayment ,contract4 7#db7 ,gila river adjudication proceedings ,the term ,gila ,river ,adjudication ,proceedings means the action pending in the ,superior ,court of the ,state1 in and for the ,county of ,maricopa1 ,in re the ,general ,adjudication of ,all ,rights ,to ,use ,water ,in ,the ,gila ,river ,system and ,source1 ,w-#a 7,salt71 ,w-#b 7,verde71 ,w-#c 7,upper ,gila71 ,w-#d 7,san ,pedro7 7,consolidated74 7#dc7 ,gila river adjudication court ,the term ,gila ,river ,adjudication ,court means the ,superior ,court of the ,state1 in and for the ,county of ,maricopa1 exercising jurisdiction over the ,gila ,river ,adjudication ,proceedings4 7#dd7 ,groundwater ,the term ,groundwater means all water beneath the surface of the ,earth within the ,state that is not--7,a7 ,surface ,water2 7,b7 ,effluent2 or 7,c7 ,colorado ,river ,water4 7#de7 ,impoundment ,the term ,impoundment means any human-made permanent body of water on the surface of the ,earth1 including ,stockponds1 lakes1 ,effluent ponds1 open-air water storage tanks1 irrigation ponds1 and gravel pits4 ,for purposes of the ,agreement and this ,act1 the term ,impoundment does not include recharge basins or swimming pools4 7#df7 ,indian tribe ,the term ,indian ,tribe shall have the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#dg7 ,injury to water rights 7,a7 ,in general ,the term ,injury to ,water ,rights means an interference with1 diminution of1 or deprivation of ,water ,rights under ,federal1 ,state or other law4 7,b7 ,inclusion ,the term ,injury to ,water ,rights includes a change in the ,groundwater table and any effect of such a change4 7,c7 ,exclusion ,the term ,injury to ,water ,rights does not include any injury to water quality4 7#dh7 ,interim period ,the term ,interim ,period means the period beginning on the ,effective ,date and ending on the ,date of ,substantial ,completion4 7#di7 ,lease agreement ,the term ,lease ,agreement means any agreement entered into between the ,yavapai-,apache ,nation1 the ,secretary1 and any other person or entity pursuant to the agreement4 7#ej7 ,leased water ,the term ,leased ,water means the ,,yan ,,cap ,water that is leased pursuant to a ,lease ,agreement4 7#ea7 ,m,i use ,the term ,m,i ,use or ,m,i ,uses means the ,use of ,water for domestic1 municipal1 industrial1 and commercial purposes4 7#eb7 ,maximum annual depletion amount ,the term ,maximum ,annual ,depletion ,amount means the maximum amount of ,water ,depleted per ,year for each ,water ,right set forth in ,subparagraph #d4a of the ,agreement4 7#ec7 ,maximum annual diversion amount ,the term ,maximum ,annual ,diversion ,amount means the maximum amount of ,water ,diverted per ,year for each ,water ,right set forth ,subparagraph #d4a the ,agreement4 7#ed7 ,member ,the term ,member means any person duly enrolled as a member of the ,yavapai-,apache ,nation4 7#ee7 ,municipal water provider ,the term ,municipal ,water ,provider means a city1 town1 private water company1 specially designated homeowners association1 or any special taxing district established pursuant to ,title #dh of the ,arizona ,revised ,statutes that supplies water for ,m,i ,use4 7#ef7 ,non-federal land ,the term ,non-,federal ,land means the land described in section #bja7;a77#d74 7#eg7 ,,om,r ,the term ,,om,r means--7,a7 any recurring or ongoing activity relating to the day-to-day operation of a project2 7,b7 any activity relating to scheduled or unscheduled maintenance of a project2 and 7,c7 any activity relating to replacing a feature of a project4 7#eh7 ,party ,the term ,party means a person or entity that is a signatory to the ,agreement4 ,the participation of the ,state as a ,party shall be as described in ,subparagraph #ag4e in the ,agreement4 ,the ,united ,states participation as a ,party shall be in the capacity as described in ,subparagraph #b4hj of the ,agreement4 7#ei7 ,public water system ,the term ,public ,water ,system means a water system that--7,a7 provides water for human consumption through pipes or other constructed conveyances2 and 7,b7 has at least fifteen service connections or regularly serves an average of at least twenty-five persons daily for at least sixty days a year4 7#fj7 ,replacement well ,the term ,replacement ,well means a well that--7,a7 is constructed to replace a well in existence on the ,effective ,date2 7,b7 is located no more than #ffj feet from the well being replaced2 and 7,c7 has a pumping capacity and case diameter that do not exceed the pumping capacity and case diameter of the well being replaced4 7#fa7 ,secretary ,the term ,secretary means the ,secretary of the ,united ,states ,department of the ,interior or the ,secretary's designee4 7#fb7 ,,srp ,the term ,,srp means the ,salt ,river ,project ,agricultural ,improvement and ,power ,district1 a political subdivision of the ,state1 and the ,salt ,river ,valley ,water ,users' ,association1 an ,arizona ,territorial ,corporation4 7#fc7 ,,srp water ,the term ,,srp ,water means the ,water made available in ,subparagraph #h4a of the ,agreement1 not to exceed an average of #ejj ,,afy1 up to maximum of #ehc4hf acre-feet in any given ,year1 to be stored in ,c4,c4 ,cragin ,reservoir1 without cost to ,,srp1 and delivered for ,use on the ,reservation1 ,,yan ,trust ,land1 and ,,yan ,after-,acquired ,trust ,land for beneficial purposes4 7#fd7 ,,srrd ,the term ,,srrd means the ,salt ,river ,reservoir ,district as defined on ,december #ca1 #bjbc in ,article ,,iv1 ,section #c1 of the ,articles of ,incorporation of the ,salt ,river ,valley ,water ,users' ,association4 7#fe7 ,state ,the term ,state means the ,state of ,arizona4 7#ff7 ,stockpond ,the term ,stockpond means an on-channel or off-channel impoundment of any size that stores water that is appropriable under ,title #de1 ,arizona ,revised ,statutes1 and that is for the sole purpose of watering livestock and wildlife4 7#fg7 ,stock watering use ,the term ,stock ,watering ,use means the consumption of water by livestock and wildlife1 either3 7,a7 directly from a naturally occurring body of water1 such as an undeveloped spring1 cienega1 seep1 bog1 lake1 depression1 sink or stream2 or 7,b7 from small facilities1 other than a ,stockpond1 that are served by a ,diversion of ,water4 7#fh7 ,surface water ,the term ,surface ,water means all ,water that is appropriable under ,state law4 7#fi7 ,total maximum annual depletion amount ,the term ,total ,maximum ,annual ,depletion ,amount means the total of all ,maximum ,annual ,depletion ,amounts as described in ,subparagraph #d4a of the ,agreement4 7#gj7 ,total maximum annual diversion amount ,the term ,total ,maximum ,annual ,diversion ,amount means the total of all ,maximum ,annual ,diversion ,amounts as described in ,subparagraph #d4a of the ,agreement4 7#ga7 ,t lnchoh water infrastructure project ,the term ,t lnchoh ,water ,infrastructure ,project means the water infrastructure project including 7,a7 the ,cragin-,verde ,pipeline ,project1 as described in section #ajc7;b71 which will deliver ,water from the ,c4,c4 ,cragin ,dam and ,reservoir to the ,yavapai-,apache ,nation and to other beneficiaries in the ,verde ,valley ,watershed2 and 7,b7 the ,,yan ,drinking ,water ,system ,project1 as described in section #ajc7;c71 which will treat and distribute the water delivered from the ,cragin-,verde ,pipeline ,project4 7#gb7 ,use ,the term ,use means any beneficial use1 including instream flows1 recharge1 underground storage1 recovery or any other use recognized as beneficial under applicable law4 7#gc7 ,,usgs ,the term ,,usgs means the ,united ,states ,geological ,survey4 7#gd7 ,verde river decree ,the term ,verde ,river ,decree means the decree to be entered by the ,gila ,river ,adjudication ,court adjudicating all rights to water in the ,verde ,river ,watershed4 7#ge7 ,verde river subflow zone ,the term ,verde ,river ,subflow ,zone means the area in the ,verde ,river ,watershed delineated by the ,arizona ,department of ,water ,resources as the subflow zone on a map or maps that are approved by the ,gila ,river ,adjudication ,court4 7#gf7 ,verde river water ,the term ,verde ,river ,water means the ,water as described in ,paragraph #e4j of the ,agreement1 whether ,diverted from the stream or pumped from a well4 7#gg7 ,verde river watershed ,the term ,verde ,river ,watershed means all lands located within the surface water drainage of the ,verde ,river and its tributaries1 depicted on the map attached as ,exhibit #b4hf to the ,agreement4 7#gh7 ,water ,the term ,water1 when used without a modifying adjective1 means--7,a7 ,groundwater2 7,b7 ,surface ,water2 7,c7 ,colorado ,river ,water2 7,d7 ,effluent2 or 7,e7 ,,cap ,water4 7#gi7 ,water right ,the term ,water ,right means any right in or to ,groundwater1 ,surface ,water1 ,colorado ,river ,water1 or ,effluent under ,federal1 ,state1 or other law4 7#hj7 ,yan after-acquired trust land ,the term ,,yan ,after-,acquired ,trust ,land means lands that is taken into trust by the ,united ,states for the benefit of the ,yavapai-,apache ,nation pursuant to applicable federal law after the ,enforceability ,date4 7#ha7 ,yan amended cap water delivery contract ,the term ,,yan ,amended ,,cap ,water ,delivery ,contract means--7,a7 the proposed contract between the ,yavapai-,apache ,nation and the ,united ,states attached as ,exhibit #f4a to the ,agreement and numbered 2 and any amendments to that contract4 7#hb7 ,yan cap water ,the term ,,yan ,,cap ,water means ,,cap ,water to which the ,yavapai-,apache ,nation is entitled pursuant to the ,agreement and section #aaa of this ,act1 and as provided in the ,,yan ,amended ,,cap ,water ,delivery ,contract4 7#hc7 ,yan cragin water ,the term ,,yan ,cragin ,water means that amount of the water made available in ,subparagraph #h4b of the ,agreement1 not to exceed an average of #b1iaj4bf ,,afy1 up to a maximum of #c1cid4jf acre-feet in any given ,year1 to be stored in ,c4,c4 ,cragin ,dam and ,reservoir1 without cost to ,,srp1 and delivered for ,use on the ,yavapai-,apache ,reservation1 ,,yan ,trust ,land1 and ,,yan ,after-,acquired ,trust ,land for beneficial purposes4 7#hd7 ,yan delivery point ,the term ,,yan ,delivery ,point means the point or points located at the end of the ,cragin-,verde ,pipeline ,project where ,water may be delivered to the ,,yan or the ,united ,states acting as trustee for the ,,yan pursuant to the ,,yan-,,srp ,water ,delivery and ,use ,agreement4 7#he7 ,yan districts ,the term ,,yan ,districts means 7,a7 the ,camp ,verde ,district2 7,b7 the ,middle ,verde ,district2 7,c7 the ,montezuma ,district2 7,d7 the ,clarkdale ,district2 and 7,e7 the ,rimrock ,district1 of the ,yavapai-,apache ,reservation1 each of which districts is separately depicted in ,exhibits #b4if;,a1 #b4if;,b1 #b4if;,c1 #b4if;,d and #b4if;,e to the ,agreement1 and any additions to a ,,yan ,district under applicable law4 7#hf7 ,yan drinking water system project ,the term ,,yan ,drinking ,water ,system ,project or ,yavapai-,apache ,drinking ,water ,system ,project means the ,yavapai-,apache ,nation's water treatment and water distribution system project under the ,t lnchoh ,water ,infrastructure ,project1 as described in section #ajc7;c7 of the ,act1 that will treat and distribute water delivered from the ,c4,c4 ,cragin ,reservoir4 7#hg7 ,yan fee land ,the term ,,yan ,fee ,land means land that1 as of the ,enforceability ,date1 is3 7,a7 located outside the exterior boundaries of the ,yavapai-,apache ,reservation2 7,b7 owned in fee by the ,yavapai-,apache ,nation and has not been taken into trust by the ,united ,states for the benefit of the ,yavapai-,apache ,nation2 and 7,c7 described and shown in ,exhibit #b4ih to the ,agreement4 7#hh7 ,yan judgment ,the term ,,yan ,judgment means the judgment and decree entered by the ,gila ,river ,adjudication ,court as described in the ,agreement4 7#hi7 ,yan land ,the term ,,yan ,land means1 collectively1 the ,,yan ,reservation1 ,,yan ,trust ,land and ,,yan ,fee ,land4 7#ij7 ,yan point of compliance ,the term ,,yan ,point of ,compliance means the location of the ,verde ,river proximate to ,,usgs gage number #jiejdiej identified as the ,verde ,river ,above ,camp ,verde gage1 located at ,global ,positioning ,system coordinates #cd4faafigb1 -#aaa4hihdcjf within the ,middle ,verde ,district of the ,reservation4 7#ia7 ,yan pumped water ,the term ,,yan ,pumped ,water means the ,water pumped from beneath the surface of the ,earth1 regardless of its legal characterization as appropriable or non-appropriable under ,federal1 ,state or other law4 7#ib7 ,yan-srp exchange agreement ,the term ,,yan-,,srp ,exchange ,agreement means that agreement between the ,nation and ,,srp1 as approved by the ,united ,states1 in the form substantially similar to that attached as ,exhibit #f4e to the ,agreement4 7#ic7 ,yan-srp water delivery and use agreement or yan-srp wdua ,the term ,,yan-,,srp ,water ,delivery and ,use ,agreement or ,,yan-,,srp ,,wdua means that agreement between the ,nation and ,,srp1 as approved by the ,united ,states1 in the form substantially similar to that attached as ,exhibit #aj4a to the ,agreement4 7#id7 ,yavapai-apache nation1 yan or nation ,the term ,yavapai-,apache ,nation1 ,,yan1 or ,nation means the ,yavapai-,apache ,nation of the ,camp ,verde ,indian ,reservation1 ,arizona1 a federally recognized ,indian ,tribe organized pursuant to ,section #af of the ,indian ,reorganization ,act of ,june #ah1 #aicd1 #dh ,stat4 #ihg 7#be ,u4,s4,c4 #eabc74 7#ie7 ,yan trust land ,the term ,,yan ,trust ,land means land that1 as of the ,enforceability ,date1 is--7,a7 located outside the boundaries of the ,,yan ,reservation2 7,b7 held in trust by the ,united ,states for the benefit of the ,,yan2 and 7,c7 depicted on the map attached as ,exhibit #b4ajb to the ,agreement4 7#if7 ,yavapai-apache reservation1 yan reservation or reservation ,the term ,yavapai-,apache ,reservation1 ,,yan ,reservation or ,reservation means the land described in section #aaj7;a74 7#ig7 ,year ,the term ,year 7,a7 when used in the context of deliveries of ,,yan ,cragin ,water and ,,srp ,water pursuant to ,paragraph #h4j of the ,agreement1 means ,may #a through ,april #cj2 and 7,b7 in all other instances1 the term ,year means a calendar year4 ,i ,,yavapai-,,apache ,,nation ,,water ,,rights ,,settlement ,,agreement #aja4 ,ratification and execution of the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act1 and to the extent the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement does not conflict with this ,act1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement1 including an amendment to any exhibit attached to the ,agreement requiring the signature or approval of the ,secretary1 is executed in accordance with this ,act to make the ,agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed1 to the extent the amendment is consistent with this ,act4 7b7 ,execution 7#a7 ,in general ,to the extent the ,agreement does not conflict with this ,act1 the ,secretary shall execute the ,agreement1 including all exhibits to1 or parts of1 the ,agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act prohibits the ,secretary from approving any modification to the ,agreement1 including any ,exhibit to the ,agreement1 that is consistent with this ,act1 to the extent the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,agreement 7including all exhibits to the ,agreement requiring the signature of the ,secretary7 and this ,act1 the ,secretary shall comply with all applicable provisions of-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,authorizations ,the ,secretary shall-- 7,a7 independently evaluate the documentation prepared and submitted under paragraph 7c77#a72 and 7,b7 be responsible for the accuracy1 scope1 and contents of that documentation4 7#c7 ,effect of execution ,the execution of the ,agreement by the ,secretary under this section shall not constitute a major action for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,costs 7,a7 ,in general ,any costs associated with the performance of the compliance and coordination activities under this subsection shall be paid from funds deposited in the ,project ,fund1 subject to the condition that any costs associated with the performance of ,federal approval or other review of that compliance work or costs associated with inherently ,federal functions shall remain the responsibility of the ,secretary4 #ajb4 ,water rights 7a7 ,confirmation of water rights 7#a7 ,in general ,the ,water ,rights of the ,yavapai-,apache ,nation as set forth in the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement are ratified1 confirmed and declared to be valid4 7#b7 ,use ,any use of ,water pursuant to the ,water ,rights described in subsection 7a77#a7 by the ,yavapai-,apache ,nation shall be subject to the terms and conditions of the ,agreement and this ,act4 7#c7 ,conflict ,in the event of a conflict between the ,agreement and this ,act1 this ,act shall control4 7b7 ,water rights ,to be held in trust for the yavapai-,apache nation ,the ,united ,states shall hold the following ,water ,rights in trust for the benefit of the ,yavapai-,apache ,nation3 7#a7 ,the ,water ,rights described in ,paragraphs #e4j1 #f4j1 #h4j1 #i4j and #aa4j of the ,agreement2 and 7#b7 ,any future ,water ,rights taken into trust pursuant to subsection 7f7 and 7g74 7c7 ,off-,reservation use ,except for ,effluent as provided in ,subparagraphs #d4ae of the ,agreement1 ,,yan ,,cap ,water as provided in ,subparagraph #f4j of the ,agreement1 and ,water that is subject to an ,exchange in accordance with ,state law1 the rights to ,water set forth in ,subparagraph #d4a of the ,agreement may not be sold1 leased1 transferred or used outside the boundaries of the ,,yan ,reservation1 ,,yan ,trust ,land1 or ,,yan ,after-,acquired ,trust ,land4 7d7 ,forfeiture and abandonment ,none of the water rights described in subsection 7b77#a7 shall be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7e7 ,yavapai-,apache nation cap water ,the ,yavapai-,apache ,nation shall have the right to divert1 use1 and store ,,yan ,,cap ,water in accordance with the ,agreement and section #aaa of this ,act4 7f7 ,water rights held in trust for yan after-,acquired trust land ,as described in ,subparagraph #d4ac4b4a of the ,agreement1 and subject to all valid and existing rights1 any ,water ,rights appurtenant to ,,yan ,after-,acquired ,trust ,land at the time such land is taken into trust by the ,secretary shall be held in trust by the ,united ,states for the benefit of the ,yavapai-,apache ,nation4 7g7 ,water rights held in trust for future acquisitions of water rights ,as described in ,subparagraphs #d4ad4a and #d4ad4b of the ,agreement1 and subject to all valid and existing rights1 upon the request of the ,yavapai-,apache ,nation1 and in accordance with applicable ,federal law1 the ,secretary shall accept and take into trust for the benefit of the ,yavapai-,apache ,nation1 any ,water ,rights severed and transferred to the ,reservation1 ,,yan ,trust ,land1 or ,,yan ,after-,acquired ,trust ,land4 #ajc4 ,t lnchoh ,water ,infrastructure ,project 7a7 ,in general ,the ,secretary1 acting through the ,commissioner1 shall plan1 design and construct the ,t lnchoh ,water ,infrastructure ,project1 which shall consist of-- 7#a7 the ,cragin-,verde ,pipeline ,project as described in subsection 7b72 and 7#b7 the ,yavapai-,apache ,nation ,drinking ,water ,system ,project as described in subsection 7c74 7b7 ,cragin-,verde pipeline project 7#a7 ,in general ,the ,secretary1 acting through the ,commissioner1 and without cost to the ,salt ,river ,federal ,reclamation ,project1 shall-- 7,a7 ,plan1 design and construct the ,cragin-,verde ,pipeline ,project as part of the ,salt ,river ,federal ,reclamation ,project2 and 7,b7 ,obtain any rights-of-way or other interests in land needed to construct the ,cragin-,verde ,pipeline ,project4 7#b7 ,scope 7,a7 ,in general ,the scope of the planning1 design1 and construction activities for the ,cragin-,verde ,pipeline ,project shall be as generally described as ,alternative #e;,a in the document entitled ,phase ,,ii3 ,yavapai-,apache ,nation ,indian ,water ,rights ,settlement1 ,value ,planning ,study1 ,bureau of ,reclamation1 ,interior ,region #h1 ,lower ,colorado ,basin1 as amended4 7#c7 ,requirements ,the ,cragin-,verde ,pipeline ,project shall-- 7,a7 be capable of delivering no less than #f1hcf4ib ,,afy of water from the ,c4,c4 ,cragin ,dam and ,reservoir for ,use by the ,,yan as provided in the ,settlement ,agreement and this ,act1 and up to an additional #a1iab4ah ,,afy for ,use by water users in ,yavapai ,county as provided in section #aad7;a77#b72 7,b7 include all facilities and appurtenant items necessary to divert1 store1 and deliver water to the ,,yan ,delivery ,point on the ,yavapai-,apache ,reservation2 and 7,c7 to the maximum extent practicable1 be designed and constructed to minimize care1 operation1 and maintenance costs4 7#d7 ,title to facilities ,title to the ,cragin-,verde ,pipeline ,project shall be held by the ,united ,states as part of the ,salt ,river ,federal ,reclamation ,project pursuant to the ,reclamation ,act of #aijb1 #dc ,u4,s4,c4 #cga et seq41 as amended4 7#e7 ,assumption of and responsibility for care1 operation1 and maintenance of cragin-verde pipeline project ,upon the ,date of ,substantial ,completion1 ,,srp shall assume and be responsible for the care1 operation1 and maintenance of the ,cragin-,verde ,pipeline ,project pursuant to the contract between the ,united ,states and the ,salt ,river ,valley ,water ,users' ,association dated ,september #f1 #aiag1 as amended4 7#f7 ,costs of care1 operation1 and maintenance to be borne by project beneficiaries ,the costs of the care1 operation1 and maintenance of the ,cragin-,verde ,pipeline ,project shall not be borne by ,,srp4 ,except as provided in ,subparagraph #aj4aj of the ,agreement1 the ,yavapai-,apache ,nation and any other beneficiaries of the ,cragin-,verde ,pipeline ,project shall bear the costs of the care1 operation1 and maintenance of the ,cragin-,verde ,pipeline ,project on a pro rata basis after the ,date of ,substantial ,completion4 ,until the ,date of ,substantial ,completion1 the costs of care1 operation1 and maintenance shall be borne by the ,secretary4 7#g7 ,withdrawal and reservation 7,a7 ,definitions ,for purposes of this paragraph 7#g71 the term covered land means the portion of the ,national ,forest ,system land determined by the ,secretary of the ,interior to be necessary for the construction and operation of the ,cragin-,verde ,pipeline ,project as depicted on the map prepared under subparagraph 7,d74 7,b7 ,withdrawal of covered land ,the covered land is permanently withdrawn from-- 7i7 all forms of entry1 appropriation1 and disposal under the public land laws2 7ii7 location1 entry1 and patent under the mining laws2 and 7iii7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7,c7 ,reservation of covered land ,subject to valid existing rights1 the covered land is reserved to the ,united ,states1 through the ,secretary of the ,interior1 for the exclusive right to use the covered land and interests in the covered land for ,bureau of ,reclamation purposes to construct the ,cragin-,verde ,pipeline ,project as part of the ,salt ,river ,federal ,reclamation ,project and operated by ,,srp pursuant to the contract between the ,united ,states and the ,salt ,river ,valley ,water ,users' ,association dated ,september #f1 #aiag1 as amended4 7,d7 ,map of covered land ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of ,interior shall prepare a map depicting the boundary of the covered land which shall be on file and available for public inspection in the appropriate offices of the ,forest ,service and the ,bureau of ,reclamation4 7c7 ,yavapai-,apache nation drinking water system project 7#a7 ,in general ,the ,secretary1 acting through the ,commissioner1 shall-- 7,a7 plan1 design and construct the ,,yan ,drinking ,water ,system ,project2 7,b7 comply with all requirements of section #aja7;c77#a72 and 7,c7 obtain any rights-of-way or other interests in land needed to construct the ,,yan ,drinking ,water ,system ,project4 7#b7 ,scope 7,a7 ,in general ,the scope of the planning1 design1 and construction activities for the ,,yan ,drinking ,water ,system ,project shall be as generally described in the document entitled ,yavapai-,apache ,nation ,drinking ,water ,infrastructure ,plan dated ,july #bjbd1 provided that1 the design of the project may be adjusted by mutual agreement of the ,secretary and the ,yavapai-,apache ,nation if the requirements of subsection 7c77#c7 can be met and the adjustment is not expected to increase the total cost of the project4 7#c7 ,requirements ,the ,,yan ,drinking ,water ,system ,project shall-- 7,a7 include a surface water treatment facility capable of treating up to #b4be million gallons of water per day 7mgd71 with a peak of #c4j mgd1 for water delivered to the ,,yan ,delivery ,point from the ,c4,c4 ,cragin ,dam and ,reservoir via the ,cragin-,verde ,pipeline ,project1 except as otherwise provided for in paragraph 7#d72 7,b7 include pipelines1 water storage tanks1 pump stations1 transmission mains and other associated infrastructure necessary for the delivery of the treated water from the surface water treatment facility described in subparagraph 7,a7 to the locations described in the ,yavapai-,apache ,nation ,drinking ,water ,infrastructure ,plan dated ,july #bjbd1 or as otherwise agreed to by the ,nation and the ,secretary2 and 7,c7 to the maximum extent practicable1 be designed and constructed to minimize care1 operation1 and maintenance costs4 7#d7 ,increase in capacity and cost share ,for the water described in section #aad7;a71 the ,secretary is authorized to increase the capacity of the ,,yan ,drinking ,water ,system ,project to treat and deliver up to #a4i mgd1 with a peak of #b4e mgd1 for such water delivered to the ,,yan ,delivery ,point from the ,c4,c4 ,cragain ,dam and ,reservoir via the ,cragin-,verde ,pipeline ,project1 provided that-- 7,a7 the ,yavapai-,apache ,nation and the water user or users described in section #aad7;a7 agree to terms and conditions for the ,nation to treat and distribute the water described in section #aad7;a72 7,b7 the water user or water users located in ,yavapai ,county pay their share of the cost of construction to increase the capacity of the ,,yan ,drinking ,water ,system ,project2 and payment for such costs are deposited into the ,,yan ,drinking ,water ,system ,project ,fund ,account described in section #ajd7;c7 for use for the purposes described in subsection 7c77#a72 and 7,c7 the request to increase the capacity of the ,,yan ,drinking ,water ,system ,project and meeting the conditions required of this paragraph 7#d7 will not delay the timely completion of the ,,yan ,drinking ,water ,system ,project to accept delivery of water from the ,cragin-,verde ,pipeline ,project to the ,,yan ,delivery ,point for the benefit of the ,yavapai-,apache ,nation4 7#e7 ,title to facilities ,the ,,yan ,drinking ,water ,system ,project shall be owned by the ,united ,states during construction4 ,upon the ,date of ,substantial ,completion of the ,t lnchoh ,water ,infrastructure ,project described in subsection 7a71 the ,secretary shall transfer title to the ,,yan ,drinking ,water ,system ,project to the ,yavapai-,apache ,nation4 7#f7 ,assumption of and responsibility care1 operation1 and maintenance of the yan drinking water system project ,upon the ,date of ,substantial ,completion of the ,t lnchoh ,water ,infrastructure ,project described in subsection 7a71 the ,yavapai-,apache ,nation shall assume and be responsible for the care1 operation1 and maintenance of the ,,yan ,drinking ,water ,system ,project4 ,until the ,date of ,substantial ,completion1 the costs of care1 operation1 and maintenance shall be borne by the ,secretary4 7#g7 ,applicability of isdeaa ,on receipt of a request of the ,yavapai-,apache ,nation1 and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into #a or more agreements with the ,nation to carry out the activities authorized by this subsection 7c74 7#h7 ,condition ,as a condition of construction of the ,,yan ,drinking ,water ,system ,project authorized by this subsection 7c71 the ,nation shall authorize1 at no cost to the ,secretary1 the use of all land or interests in land located on the ,reservation1 ,,yan ,trust ,land and ,,yan ,after-,acquired ,trust ,land that the ,secretary identifies as necessary for the planning1 design1 construction1 operation and maintenance of the ,,yan ,drinking ,water ,system ,project until the transfer of title to the ,,yan ,drinking ,water ,system ,project to the ,nation pursuant to subsection 7c77#e74 7d7 ,date of substantial completion ,the ,t lnchoh ,water ,infrastructure ,project shall be deemed substantially complete on the date on which written notice is provided to the ,parties by the ,bureau of ,reclamation that the ,cragin-,verde ,pipeline ,project and the ,,yan ,drinking ,water ,system ,project are sufficiently complete to place the projects into service for their intended use 7,date of ,substantial ,completion74 #ajd4 ,t lnchoh ,water ,infrastructure ,project ,fund 7a7 ,establishment ,the ,secretary shall establish a non-trust interest-bearing account to be known as the ,t lnchoh ,water ,infrastructure ,project ,fund 7,project ,fund7 to be managed and distributed by the ,secretary1 for use by the ,secretary for carrying out this ,act4 7b7 ,accounts ,the ,secretary shall establish within the ,project ,fund the following accounts-- 7#a7 the ,cragin-,verde ,pipeline ,account2 and 7#b7 the ,,yan ,drinking ,water ,system ,account4 7c7 ,deposits ,the ,secretary shall deposit-- 7#a7 in the ,cragin-,verde ,pipeline ,account1 the amounts made available pursuant to section #ajg7;a77#a77;,a72 and 7#b7 in the ,,yan ,drinking ,water ,system ,account1 the amounts made available pursuant to section #ajg7;a77#a77;,b74 7d7 ,uses 7#a7 ,cragin-verde pipeline account ,the ,cragin-,verde ,pipeline ,account shall be used by the ,secretary to-- 7,a7 carry out section #ajc7;b7 of this ,act1 including all required environmental compliance under section #aja7;c71 for the ,cragin-,verde ,pipeline ,project2 and 7,b7 reimburse ,,srp for the proportional ,cragin ,capital ,costs and ,cragin ,o,m ,costs associated with water delivered to the ,yavapai-,apache ,nation from the ,c4,c4 ,cragin ,dam and ,reservoir under ,subparagraph #h4f4a of the ,agreement4 7#b7 ,yan drinking water system account ,the ,,yan ,drinking ,water ,system ,account shall be used by the ,secretary to carry out section #ajc7;c7 of this ,act1 including all required environmental compliance under section #aja7;c71 for the ,,yan ,drinking ,water ,system ,project4 7e7 ,availability of amounts 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts appropriated to and deposited in the ,project ,fund ,accounts under sections #ajg7;a77#a77;,a7 and #ajg7;a77#a77;,b7 shall not be made available for expenditure until the ,enforceability ,date4 7#b7 ,exception ,of the amounts made available under paragraph 7#a71 #ac1jjj1jjj shall be made available before the ,enforceability ,date for the ,bureau of ,reclamation to carry out environmental compliance and preliminary design of the ,t lnchoh ,water ,infrastructure ,project1 subject to the following3 7,a7 ,the revision of the ,settlement ,agreement and exhibits to conform to this ,act4 7,b7 ,execution by all of the required settlement parties1 including the ,united ,states1 of the conformed ,settlement ,agreement and exhibits1 including the waivers and releases of claims under section #ajh4 7f7 ,interest ,in addition to the deposits under subsection 7c71 any investment earnings1 including interest credited to amounts unexpended1 are authorized to be appropriated to be used in accordance with the uses described in subsections 7d77#a7 and 7d77#b74 7g7 ,project efficiencies 7#a7 ,if the total cost of the activities described in either section #ajc7;b7 or #ajc7;c7 are less than the amounts authorized to be obligated under sections #ajg7;a77#a77;,a7 and #ajg7;a77#a77;,b7 to carry out those activities1 the ,secretary shall deposit the savings into the other account within the ,project ,fund as described in subsection 7b71 if such funds are necessary to complete the construction of any component of the ,t lnchoh ,water ,infrastructure ,project4 7#b7 ,any funds remaining in the ,project ,fund at the ,date of ,substantial ,completion shall be deposited in the ,yavapai-,apache ,nation ,water ,settlement ,trust ,fund no later than #fj days after the ,date of ,substantial ,completion4 ,no later than #cj days after the ,date of ,substantial ,completion1 the ,yavapai-,apache ,nation may direct the allocation and amounts for the deposit of such funds to one or more of the accounts described in section #aje7;b71 but if no timely direction is provided to the ,secretary1 the ,secretary shall deposit the full amount of such funds to the ,yavapai-,apache ,water ,projects ,account described in section #aje7;b77#b74 #aje4 ,yavapai-,apache ,nation ,water ,settlement ,trust ,fund 7a7 ,establishment ,the ,secretary shall establish a trust fund for the ,yavapai-,apache ,nation1 to be known as the ,yavapai-,apache ,nation ,water ,settlement ,trust ,fund 7,trust ,fund7 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the ,trust ,fund under subsection 7c71 together with any investment earnings1 including interest1 earned on those amounts for the purpose of carrying out this ,act4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following accounts3 7#a7 ,the ,yavapai-,apache ,water ,settlement ,implementation ,account2 7#b7 ,the ,yavapai-,apache ,water ,projects ,account2 7#c7 ,the ,yavapai-,apache ,wastewater ,projects ,account2 7#d7 ,the ,yavapai-,apache ,,om,r ,account2 and 7#e7 ,the ,yavapai-,apache ,watershed ,rehabilitation and ,restoration ,account4 7c7 ,deposits ,the ,secretary shall deposit-- 7#a7 in the ,yavapai-,apache ,water ,settlement ,implementation ,account established under subsection 7b77#a71 the amounts made available pursuant to subparagraph 7,a7 of section #ajg7;a77#b72 7#b7 in the ,yavapai-,apache ,water ,projects ,account established under subsection 7b77#b71 the amounts made available pursuant to subparagraph 7,b7 of section #ajg7;a77#b72 7#c7 in the ,yavapai-,apache ,wastewater ,projects ,account established under subsection 7b77#c71 the amounts made available pursuant to subparagraph 7,c7 of section #ajg7;a77#b72 7#d7 in the ,yavapai-,apache ,,om,r ,account established under subsection 7b77#d71 the amounts made available pursuant to subparagraph 7,d7 of section #ajg7;a77#b72 and 7#e7 in the ,yavapai-,apache ,watershed ,rehabilitation and ,restoration ,account established under subsection 7b77#e71 the amounts made available pursuant to subparagraph 7,e7 of section #ajg7;a77#b74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,trust ,fund pursuant to subsection 7b71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this subsection4 7#b7 ,investment earnings ,in addition to the deposits made to the ,trust ,fund under subsection 7b71 any investment earnings1 including interest1 credited to amounts held in the ,trust ,fund are authorized to be used in accordance with subsection 7g74 7e7 ,availability of amounts 7#a7 ,in general ,amounts deposited in the ,trust ,fund 7including any investment earnings7 shall be made available to the ,yavapai-,apache ,nation by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this ,act4 7f7 ,withdrawals 7#a7 ,withdrawals under the american indian trust fund management reform act of #aiid 7,a7 ,in general ,the ,yavapai-,apache ,nation may withdraw any portion of the amounts in the ,trust ,fund on approval by the ,secretary of a ,tribal management plan submitted by the ,nation in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7,b7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,tribal management plan under this subsection shall require that the ,yavapai-,apache ,nation spend all amounts withdrawn from the ,trust ,fund and any investment earnings accrued through the investments under the ,tribal management plan in accordance with this ,act4 7,c7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary-- 7i7 to enforce the ,tribal management plan2 and 7ii7 to ensure that amounts withdrawn by the ,yavapai-,apache ,nation from the ,trust ,fund under this subsection are used in accordance with this ,act4 7#b7 ,expenditure plan 7,a7 ,in general ,the ,yavapai-,apache ,nation may submit to the ,secretary a request to withdraw funds from the ,trust ,fund pursuant to an approved expenditure plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under this subparagraph1 the ,yavapai-,apache ,nation shall submit to the ,secretary an expenditure plan for any portion of the ,trust ,fund that the ,yavapai-,apache ,nation elects to withdraw pursuant to this subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this ,act4 7,c7 ,inclusions ,an expenditure plan under this subparagraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,trust ,fund will be used by the ,yavapai-,apache ,nation in accordance this ,act4 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under clause 7ii7 if the ,secretary determines that the plan-- 7i7 is reasonable2 and 7ii7 is consistent with1 and will be used for1 the purposes of this ,act4 7,e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this ,act4 7g7 ,uses ,in general4--,the amounts from the ,trust ,fund shall be used by the ,yavapai-,apache ,nation for the following purposes3 7#a7 ,the yavapai-apache water settlement implementation account ,amounts in the ,yavapai-,apache ,water ,settlement ,implementation ,account may only be used for the following purposes-- 7,a7 to pay fees and costs incurred by the ,yavapai-,apache ,nation for filing and processing any application or obtaining any permit required under ,paragraphs #e4j1 #h4j1 or #aa4j of the ,agreement2 7,b7 to pay costs incurred by the ,yavapai-,apache ,nation to participate in the planning1 preliminary design1 and environmental compliance activities for the ,cragin-,verde ,pipeline ,project2 7,c7 to engage in water management planning to comply with ,paragraph #ab4j of the ,agreement2 and 7,d7 to pay1 reimburse1 or retire debt for costs incurred by the ,yavapai-,apache ,nation after the date of enactment of this ,act for work under subparagraphs 7,a71 7,b7 or 7,c74 7#b7 ,the yavapai-apache water projects account ,amounts in the ,yavapai-,apache ,water ,projects ,account may only be used for the following purposes-- 7,a7 environmental compliance1 permitting1 planning1 engineering and design1 and construction1 including acquisition of any necessary rights-of-way or other interests in land1 and any other related activities necessary for the completion of construction for-- 7i7 expansion of the ,,yan ,drinking ,water ,system ,project after the ,date of ,substantial ,completion2 7ii7 water infrastructure1 and water storage and recovery projects1 that facilitate the use or management of the water sources identified in ,subparagraph #d4a of the ,agreement2 and 7iii7 the ,yavapai-,apache ,nation's proportionate share for any joint project with communities in the ,verde ,valley ,watershed that facilitate the use or management of the water sources identified in ,subparagraph #d4a of the ,agreement2 and 7,b7 to pay1 reimburse1 or retire debt for costs incurred by the ,yavapai-,apache ,nation after the date of enactment of this ,act for projects under subparagraph 7,a74 7#c7 ,the yavapai-apache wastewater projects account ,amounts in the ,apache ,wastewater ,projects ,account may only be used for the following purposes-- 7,a7 environmental compliance1 planning1 permitting1 engineering and design1 and construction1 including acquisition of any necessary rights-of-way or other interests in land1 and any other related activities necessary for the completion of construction for-- 7i7 wastewater infrastructure1 and wastewater storage and recovery projects1 that facilitate the reuse or management of ,effluent2 7ii7 the ,yavapai-,apache ,nation's proportionate share for any joint project or projects with communities in the ,verde ,valley ,watershed that facilitate the reuse or management of ,effluent2 7,b7 to pay1 reimburse1 or retire debt for costs incurred by the ,yavapai-,apache ,nation after the date of enactment of this ,act for projects under subparagraph 7,a72 and 7,c7 to pay the outstanding debt on the ,yavapai-,apache ,nation's loan with the ,water ,infrastructure and ,finance ,authority of ,arizona for the construction of the ,middle ,verde ,water ,reclamation ,facility 7,,mvwrf7 and to reimburse the ,yavapai-,apache ,nation up to #h1jjj1jjj in additional construction costs related to construction of the ,,mvwrf4 7#d7 ,the yavapai-apache omr account ,amounts in the ,yavapai-,apache ,,om,r ,account may only be used to pay costs of the following-- 7,a7 ,,om,r and energy costs for the ,t lnchoh ,water ,infrastructure ,project which includes the ,cragin-,verde ,pipeline ,project and the ,,yan ,drinking ,water ,system ,project2 7,b7 ,,om,r1 energy costs1 and any other charges assessed to the ,yavapai-,apache ,nation pursuant to the ,,yan-,,srp ,water ,delivery and ,use ,agreement1 the ,,yan-,,srp ,exchange ,agreement1 and the ,,yan ,amended ,,cap ,water ,delivery ,contract2 and 7,c7 ,,om,r for ,yavapai-,apache ,nation projects described in subsections 7a77#b71 7a77#c7 and 7a77#e74 7#e7 ,yavapai-apache watershed rehabilitation and restoration account ,amounts in the ,yavapai-,apache ,watershed ,rehabilitation and ,restoration ,account may only be used for the purpose of environmental compliance1 permitting1 planning1 engineering and design activities1 and construction of projects for the protection and restoration of the ,verde ,river ,watershed1 and any other related activities necessary for the completion of such projects4 7h7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,yavapai-,apache ,nation under section #aje7;f74 7i7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,trust ,fund1 shall remain in the ,yavapai-,apache ,nation4 7j7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any ,member of the ,yavapai-,apache ,nation4 7k7 ,expenditure reports ,the ,yavapai-,apache ,nation shall annually submit to the ,secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a ,tribal management plan or an expenditure plan under this ,act4 7l7 ,effect ,nothing in this section gives the ,yavapai-,apache ,nation the right to judicial review of a determination of the ,secretary relating to whether to approve a ,tribal management plan under subsection 7f77#a7 or an expenditure plan under subsection 7f77#b7 except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 #ajf4 ,gaging station ,the ,secretary1 acting through the ,director of the ,,usgs1 shall continue to maintain and operate the existing ,,usgs gaging station at the ,,yan ,point of ,compliance1 identified as ,verde ,river ,above ,camp ,verde - #jiejdiej1 within the ,middle ,verde ,district of the ,yavapai-,apache ,reservation1 for the purpose of monitoring the instream flow right of the ,yavapai-,apache ,nation to the ,verde ,river as described in section #ajb7;b77#a77;,a7 and ,paragraph #aa4j of the ,agreement4 #ajg4 ,funding 7a7 ,mandatory appropriations ,out of any money in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary1 to remain available to the ,secretary until expended1 withdrawn or reverted to the general fund of the ,treasury1 the following amounts3 7#a7 ,t lnchoh water infrastructure project fund 7,a7 #gca1jei1jjj in the ,cragin-,verde ,pipeline ,account described in section #ajd7;b77#a72 and 7,b7 #aeb1dij1jjj in the ,,yan ,drinking ,water ,system ,account described in section #ajd7;b77#b74 7#b7 ,yavapai-apache nation water settlement trust fund account 7,a7 #cjj1jjj in the ,yavapai-,apache ,water ,settlement ,implementation ,account described in section #aje7;b77#a72 7,b7 #eh1jjj1jjj in the ,yavapai-,apache ,water ,projects ,account described in section #aje7;b77#b72 7,c7 #ca1jjj1jjj in the ,yavapai-,apache ,wastewater ,projects ,account described in section #aje7;b77#c72 7,d7 #ff1jjj1jjj in the ,yavapai-,apache ,,om,r ,account described in section #aje7;b77#d72 and 7,e7 #gjj1jjj in the ,yavapai-,apache ,watershed ,rehabilitation and ,restoration ,account described in section #aje7;b77#e74 7b7 ,t lnchoh water infrastructure project additional authorization ,in addition to the mandatory appropriation made available under subsection 7a77#a71 there is authorized to be appropriated to the ,project ,fund such funds as are necessary to complete the construction of the ,t lnchoh ,water ,infrastructure ,project1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7c7 ,additional authorizations ,in general there are authorized to be appropriated-- 7#a7 such sums as necessary for section #ajf of this ,act2 and 7#b7 such sums as necessary for the care1 operation1 and maintenance of the ,t lnchoh ,water ,infrastructure ,project until the ,date of ,substantial ,completion4 7d7 ,fluctuation in costs 7#a7 ,project fund ,the amounts authorized to be appropriated under subsection 7a77#a7 shall be-- 7,a7 increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after ,january #a1 #bjbd1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index applicable to the types of construction involved2 and 7,b7 adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the ,secretary1 including repricing applicable to the means of construction and current industry standards involved4 7#b7 ,trust fund ,the amounts authorized to be appropriated under subsection 7a77#b7 shall be-- 7,a7 increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after ,january #a1 #bjbd1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index--,composite ,trend2 and 7,b7 adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the ,secretary1 including repricing applicable to the means of construction and current industry standards involved4 7#c7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7#d7 ,requirements for adjustment process ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated for deposit in the ,project ,fund under subsection 7a77#a7 and the ,trust ,fund under subsection 7a77#b71 until the amount authorized to be appropriated1 as so adjusted1 has been appropriated4 7#e7 ,period of indexing 7,a7 ,project fund ,with respect to the ,project ,fund1 the period of indexing adjustment for any increment of funding shall be annual until the ,t lnchoh ,water ,infrastructure ,project is completed4 7,b7 ,trust fund ,with respect to the ,yavapai-,apache ,nation ,water ,settlement ,trust ,fund1 the period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the ,trust ,fund4 7e7 ,commencement of environmental compliance ,subject to the requirements of section #ajd7;e77#b77;,a7 and 7,b71 effective beginning on the date of deposit of funds in the ,project ,fund1 the ,secretary shall commence any planning1 design1 environmental1 cultural1 and historical compliance activities necessary to implement the ,agreement and this ,act1 including activities necessary to comply with section #aja7;c77#a77;,a77,b77,c7 of this ,act4 #ajh4 ,waivers1 releases and retentions of claims 7a7 ,waiver1 release1 and retention of claims for water rights and injury to water rights by the yavapai-,apache nation1 on behalf of the yavapai-,apache nation and the members of the yavapai-,apache nation 7but not members in the capacity of the members as allottees71 and the united states1 acting as trustee for the yavapai-,apache nation 7but not members in the capacity of the members as allottees7 7#a7 ,except as provided in paragraph 7#c71 the ,yavapai-,apache ,nation1 on behalf of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees71 and the ,united ,states1 acting as trustee for the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees71 as part of the performance of the respective obligations of the ,yavapai-,apache ,nation and the ,united ,states under the ,agreement and this ,act1 shall execute a waiver and release of any claims against the ,state 7or any agency or political subdivision of the ,state71 and any other individual1 entity1 corporation1 or municipal corporation under ,federal1 ,state1 or other law for all-- 7,a7 ,past1 present1 and future claims for ,water ,rights1 including rights to ,colorado ,river water1 for ,,yan ,land1 arising from time immemorial and1 thereafter1 forever2 7,b7 ,past1 present1 and future claims for ,water ,rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,yavapai-,apache ,nation1 the predecessors of the ,yavapai-,apache ,nation1 the ,members of the ,yavapai-,apache ,nation1 or the predecessors of the ,members of the ,yavapai-,apache ,nation2 7,c7 ,past and present claims for ,injury to ,water ,rights1 including rights to ,colorado ,river water1 for ,,yan ,land1 arising from time immemorial through the ,enforceability ,date2 7,d7 ,past1 present1 and future claims for ,injury to ,water ,rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,yavapai-,apache ,nation1 the predecessors of the ,yavapai-,apache ,nation1 the ,members of the ,yavapai-,apache ,nation1 or the predecessors of the ,members of the ,yavapai-,apache ,nation2 7,e7 ,claims for ,injury to ,water ,rights1 including rights to ,colorado ,river water1 arising after the ,enforceability ,date1 for ,,yan ,land1 resulting from the off-,reservation ,diversion or ,use of ,water in a manner not in violation of the ,agreement or ,state law2 and 7,f7 ,past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation1 execution1 or adoption of the ,agreement1 any judgment or decree approving or incorporating the ,agreement1 or this ,act4 7#b7 ,the waiver and release of claims described in paragraph 7#a7 shall be in the form set forth in ,exhibit #ac4a to the ,agreement and shall take effect on the ,enforceability ,date4 7#c7 ,notwithstanding the waiver and release of claims described in paragraph 7#a7 and set forth in ,exhibit #ac4a to the ,agreement1 the ,yavapai-,apache ,nation1 acting on behalf of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation1 and the ,united ,states1 acting as trustee for the ,,yan and the ,members of the ,,yan 7but not ,members in the capacity of the ,members as ,allottees71 shall retain any right-- 7,a7 subject to ,subparagraph #ag4i of the ,agreement1 to assert claims for injuries to1 and seek enforcement of1 their rights under the ,agreement or this ,act in any ,federal or ,state court of competent jurisdiction2 7,b7 to assert claims for injuries to1 and seek enforcement of1 their rights under any judgment or decree entered by the ,gila ,river ,adjudication ,court1 including the ,verde ,river ,decree2 7,c7 to assert claims for ,water ,rights or ,injury to ,water ,rights acquired before the ,enforceability ,date pursuant to ,subparagraph #d4ad4a of the ,agreement2 7,d7 to challenge or object to any claims for ,water ,rights or ,injury to ,water ,rights by or for any ,indian tribe1 or the ,united ,states1 acting on behalf of any ,indian tribe2 7,e7 to assert past1 present1 or future claims for ,injury to ,water ,rights against any ,indian tribe1 or the ,united ,states1 acting on behalf of any ,indian tribe2 7,f7 to assert claims for ,injury to ,water ,rights arising after the ,enforceability ,date for ,,yan ,land resulting from any off-,reservation ,diversion of ,surface ,water within the ,verde ,river ,watershed1 other than from a well1 if the ,diversion or ,use of ,surface ,water was first initiated after the ,effective ,date and was not the subject of a permit to appropriate ,surface ,water issued by the ,arizona ,department of ,water ,resources before the ,effective ,date2 and 7,g7 to assert claims for ,injury to ,water ,rights arising after the ,enforceability ,date for ,,yan ,land resulting from any off-,reservation ,diversion or ,use of ,water from a well1 if-- 7i7 the ,water is determined by the ,gila ,river ,adjudication ,court to be ,surface ,water2 7ii7 the well is located within the ,verde ,river ,watershed above ,,usgs ,gage ,no4 #jiejfjjj identified as ,verde ,river near ,camp ,verde1 ,,az2 7iii7 the well was constructed after the ,effective ,date2 and 7iv7 the well is not3 7,i7 a ,replacement ,well2 7,,ii7 a new point of ,diversion for a ,surface ,water ,use predating the ,effective ,date2 7,,iii7 operated by a ,municipal ,water ,provider pursuant to an agreement with the ,yavapai-,apache ,nation under ,subparagraph #af4a4b of the ,agreement2 7,,iv7 constructed for ,domestic ,use or ,stock ,watering ,use2 7,v7 constructed to supply a ,stockpond with a capacity not to exceed #d acre-feet2 or 7,,vi7 used by a city or town in the ,prescott active management area to3 7aa7 withdraw ,underground ,water from land located in the ,big ,chino sub-basin of the ,verde ,river groundwater basin that has historically irrigated acres for transportation to an adjacent initial active management area under the criteria set forth in ,a4,r4,s4 #de-eee7;,a7-7,d71 as that statute exists as of the ,effective ,date1 a copy of which is attached as ,exhibit #ac4a4c to the ,agreement2 7bb7 withdraw and transport #h1jfh ,,afy of ,underground ,water from the ,big ,chino sub-basin of the ,verde ,river groundwater basin to the ,prescott active management area pursuant to the criteria set forth in ,a4,r4,s4 #de-eee7;,e7 and 7,g71 as that statute exists as of the ,effective ,date1 a copy of which is attached as ,exhibit #ac4a4c to the ,agreement2 or 7cc7 withdraw and transport ,underground ,water from land located in the ,big ,chino sub-basin of the ,verde ,river groundwater basin to the ,prescott active management area to meet the additional needs of an ,indian tribe in the ,prescott active management area pursuant to a federally-approved ,indian water rights settlement under ,a4,r4,s #de-eee7;,g7 and 7,f71 as that statute exists as of the ,effective date1 a copy of which is attached as ,exhibit #ac4a4c to the ,agreement4 7,,vii7 providing a source of supply for an ,m,i ,use for a ,municipal ,water ,provider or a ,public ,water ,system 7that does not have an agreement with the ,,yan pursuant to subparagraph #af4a4b of the ,agreement7 that meets all of the following conditions3 7aa7 ,the well is located outside the lateral limits of the ,verde ,river ,subflow ,zone4 7bb7 ,all buildings constructed after the well is drilled that are served by the ,municipal ,water ,provider or ,public ,water ,system have ,water,sense ,labeled ,fixtures1 or fixtures that are equivalent to or exceed ,water,sense specifications for water efficiency and performance as set forth in ,exhibit #b4ij to the ,agreement4 7cc7 ,the ,municipal ,water ,provider or ,public ,water ,system uses its best efforts to ensure that all outdoor landscaping installed after the well is drilled that is served by the ,municipal ,water ,provider or ,public ,water ,system uses only native or drought tolerant plants1 except as provided for in item 7dd74 7dd7 ,all turf or other landscape areas not using native or drought tolerant plants1 including for schools1 parks1 cemeteries1 golf courses1 or common areas1 installed after the well is drilled are1 to the extent permitted by ,state law1 prohibited by the ,municipal ,water ,provider or ,public ,water ,system unless the plants are #ajj percent served with ,effluent1 greywater1 harvested rainwater1 or some combination thereof4 7ee7 ,ornamental water features 7except swimming pools71 ponds1 and lakes constructed after the well is drilled are1 to the extent permitted by ,state law1 prohibited by the ,municipal ,water ,provider or ,public ,water ,system unless the features1 ponds1 and lakes are #ajj percent served with ,effluent1 greywater1 harvested rainwater1 or some combination thereof4 7b7 ,waiver1 release1 and retention of claims for water rights and injury to water rights by the yavapai-,apache nation1 on behalf of the yavapai-,apache nation and the members of the yavapai-,apache nation 7but not members in the capacity of the members as allottees71 against the united states 7#a7 ,except as provided in paragraph 7#c71 the ,yavapai-,apache ,nation1 acting on behalf of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees71 as part of the performance of the obligations of the ,yavapai-,apache ,nation under the ,agreement and this ,act1 shall execute a waiver and release of all claims against the ,united ,states1 including agencies1 officials1 and employees of the ,united ,states1 under ,federal1 ,state1 or other law for all-- 7,a7 ,past1 present1 and future claims for ,water ,rights1 including rights to ,colorado ,river water1 for ,,yan ,land1 arising from time immemorial and1 thereafter1 forever2 7,b7 ,past1 present1 and future claims for ,water ,rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,yavapai-,apache ,nation1 the predecessors of the ,yavapai-,apache ,nation1 the ,members of the ,yavapai-,apache ,nation1 or the predecessors of the members of the ,yavapai-,apache ,nation2 7,c7 ,past and present claims relating in any manner to damage1 losses1 or injury to land or other resources due to loss of ,water or ,water ,rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of ,water or ,water ,rights1 claims relating to interference with1 ,diversion1 or taking of ,water1 or claims relating to the failure to protect1 acquire1 or develop ,water1 ,water ,rights1 or ,water infrastructure7 within the ,state that first accrued at any time prior to the ,enforceability ,date2 7,d7 ,past and present claims for ,injury to ,water ,rights1 including rights to ,colorado ,river water1 for ,,yan ,land1 arising from time immemorial through the ,enforceability ,date2 7,e7 ,past1 present1 and future claims for ,injury to ,water ,rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,yavapai-,apache ,nation1 the predecessors of the ,yavapai-,apache ,nation1 the ,members of the ,yavapai-,apache ,nation1 or the predecessors of the members of the ,yavapai-,apache ,nation2 7,f7 ,claims for ,injury to ,water ,rights1 including injury to rights to ,colorado ,river water1 arising after the ,enforceability ,date for ,,yan ,land1 resulting from the off-,reservation ,diversion or ,use of ,water in a manner not in violation of the ,agreement or ,state law2 and 7,g7 ,past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation1 execution1 or adoption of the ,agreement1 any judgment or decree approving or incorporating the ,agreement1 or this ,act4 7#b7 ,the waiver and release of claims described in paragraph 7#a7 shall be in the form set forth in ,exhibit #ac4b to the ,agreement and shall take effect on the ,enforceability ,date4 7#c7 ,notwithstanding the waiver and release of claims described in paragraph 7#a7 and set forth in ,exhibit #ac4b to the ,agreement1 the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees7 shall retain any right-- 7,a7 subject to ,subparagraph #ag4i of the ,agreement1 to assert claims for injuries to1 and seek enforcement of1 their rights under the ,agreement or this ,act in any ,federal or ,state court of competent jurisdiction2 7,b7 to assert claims for injuries to1 and seek enforcement of1 their rights under any judgment or decree entered by the ,gila ,river ,adjudication ,court1 including the ,verde ,river ,decree2 7,c7 to assert claims for ,water ,rights or ,injury to ,water ,rights acquired before the ,enforceability ,date pursuant to ,subparagraph #d4ad4a of the ,agreement2 7,d7 to challenge or object to any claims for ,water ,rights or ,injury to ,water ,rights by or for any ,indian ,tribe or the ,united ,states1 acting on behalf of any ,indian ,tribe2 7,e7 to assert past1 present1 or future claims for ,injury to ,water ,rights against any ,indian ,tribe or the ,united ,states1 acting on behalf of any ,indian ,tribe2 7,f7 to assert claims for ,injury to ,water ,rights arising after the ,enforceability ,date for ,,yan ,land resulting from any off-,reservation ,diversion of ,surface ,water within the ,verde ,river ,watershed1 other than from a well1 if the ,diversion or ,use of ,surface ,water was first initiated after the ,effective ,date and was not the subject of a permit to appropriate ,surface ,water issued by the ,arizona ,department of ,water ,resources before the ,effective ,date2 and 7,g7 to assert claims for ,injury to ,water ,rights arising after the ,enforceability ,date for ,,yan ,land resulting from any off-,reservation ,diversion or ,use of ,water from a well1 if-- 7i7 the ,water is determined by the ,gila ,river ,adjudication ,court to be ,surface ,water2 7ii7 the well is located within the ,verde ,river ,watershed above ,gage ,no4 #jiejfjjj1 ,verde ,river near ,camp ,verde1 ,,az2 7iii7 the well was constructed after the ,effective ,date2 and 7iv7 the well is not3 7,i7 a ,replacement ,well2 7,,ii7 a new point of ,diversion for a ,surface ,water ,use predating the ,effective ,date2 7,,iii7 operated by a ,municipal ,water ,provider pursuant to an agreement with the ,yavapai-,apache ,nation under ,subparagraph #af4a4b of the ,agreement2 7,,iv7 constructed for ,domestic ,use or ,stock ,watering ,use2 or 7,v7 constructed to supply a ,stockpond with a capacity not to exceed #d acre-feet4 7c7 ,waiver1 release and retention of claims by the united states in all capacities 7,except as trustee for an indian tribe other than the yavapai-,apache nation7 against the yavapai-,apache nation and the members of the yavapai-,apache nation 7#a7 ,except as provided in paragraph 7#c71 the ,united ,states1 in all capacities 7except as trustee for an ,indian ,tribe other than the ,yavapai-,apache ,nation71 as part of the performance of the obligations of the ,united ,states under the ,agreement and this ,act1 shall execute a waiver and release of all claims against the ,yavapai-,apache ,nation1 the ,members of the ,yavapai-,apache ,nation1 or any agency1 official1 or employee of the ,yavapai-,apache ,nation1 under ,federal1 ,state1 or any other law for all-- 7,a7 ,past and present claims for ,injury to ,water ,rights1 including injury to rights to ,colorado ,river water1 resulting from the ,diversion or ,use of ,water on ,,yan ,land arising from time immemorial through the ,enforceability ,date2 7,b7 ,claims for ,injury to ,water ,rights1 including injury to rights to ,colorado ,river water1 arising after the ,enforceability ,date1 resulting from the ,diversion or ,use of ,water on ,,yan ,land in a manner that is not in violation of the ,agreement or ,state law2 and 7,c7 ,past1 present1 and future claims arising out of1 or related in any manner to1 the negotiation1 execution1 or adoption of the ,agreement1 any judgment or decree approving or incorporating the ,agreement1 or this ,act4 7#b7 ,the waiver and release of claims described in paragraph 7#a7 shall be in the form set forth in ,exhibit #ac4c to the ,agreement and shall take effect on the ,enforceability ,date4 7#c7 ,notwithstanding the waiver and release of claims described in paragraph 7#a7 and set forth in ,exhibit #ac4c to the ,agreement1 the ,united ,states shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that exhibit4 7d7 ,no effect on actions relating to health1 safety or environment ,nothing in the ,agreement or this ,act affects any right of the ,united ,states or the ,yavapai-,apache ,nation on behalf of the ,yavapai-,apache ,nation1 or on behalf of the ,members of the ,yavapai-,apache ,nation1 to take any action authorized by law relating to health1 safety1 or the environment1 including-- 7#a7 ,the ,federal ,water ,pollution ,control ,act1 commonly known as the ,clean ,water ,act1 7#cc ,u4,s4,c4 #abea et seq472 7#b7 ,the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7#c7 ,the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 and 7#d7 any regulations implementing the ,acts described in subsection 7d77#a71 7d77#b7 or 7d77#c74 #aji4 ,satisfaction of water rights and other benefits2 effect on members of the ,yavapai-,apache ,nation and ,dinah ,hood ,allotment 7a7 ,the benefits provided under the ,agreement and this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of any claim of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees7 against the parties to the ,agreement1 including the ,united ,states1 that is waived and released by the ,yavapai-,apache ,nation acting on behalf of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees7 pursuant to sections #ajh7;a7 and #ajh7;b7 of this ,act and ,subparagraphs #ac4a and #ac4b to the ,agreement4 7b7 ,any entitlement to ,water of the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees7 or the ,united ,states acting in the capacity of the ,united ,states as trustee for the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees71 for ,,yan ,land shall be satisfied out of the water resources and other benefits granted1 confirmed1 quantified1 or recognized by the ,agreement or this ,act to or for the ,yavapai-,apache ,nation1 the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees71 and the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the ,yavapai-,apache ,nation and the ,members of the ,yavapai-,apache ,nation 7but not ,members in the capacity of the ,members as ,allottees74 7c7 ,notwithstanding sections 7a7 and 7b71 nothing in the ,agreement or this ,act-- 7#a7 recognizes or establishes any right of a ,member of the ,yavapai-,apache ,nation to ,water on ,,yan ,land2 or 7#b7 prohibits the ,yavapai-,apache ,nation from acquiring additional ,water ,rights by purchase or donation of land1 credits1 or ,water ,rights4 7d7 ,effect on members of the yavapai-,apache nation ,except as provided in subsections 7a7 and 7b7 and sections #ajh7;a7 and #ajh7;b71 the ,agreement and this ,act shall not affect any rights of any ,member of the ,yavapai-,apache ,nation to water for land outside of ,,yan ,land4 7e7 ,effect on dinah hood allotment 7#a7 ,in general 7,a7 ,nothing in the ,agreement and this ,act quantifies or diminishes any ,water ,right1 or any claim or entitlement to ,water for the ,dinah ,hood ,allotment2 or 7,b7 precludes beneficial owners of the ,dinah ,hood ,allotment1 or the ,united ,states1 acting in its capacity as trustee for beneficial owners of the ,dinah ,hood allotment1 from making claims for ,water ,rights in ,arizona4 ,to the extent authorized by applicable law1 beneficial owners of the ,dinah ,hood ,allotment1 or the ,united ,states1 acting in its capacity as trustee for beneficial owners of the ,dinah ,hood allotment1 may make claims to1 and may be adjudicated1 individual ,water ,rights in ,arizona4 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,yavapai-,apache ,nation1 in its capacity as a holder of a beneficial real property interest in the ,dinah ,hood ,allotment1 shall not object to1 challenge or dispute the claims of ,water users to ,water from the ,verde ,river ,watershed1 in the ,gila ,river ,adjudication ,proceedings or in any other judicial or administrative proceeding4 #aaj4 ,trust land 7a7 ,yavapai-,apache reservation ,the ,yavapai-,apache ,reservation includes-- 7#a7 the land located within the exterior boundaries of the ,yavapai-,apache ,reservation as described and depicted in ,exhibits #b4if;,a through ,e and ,exhibit #b4ajb to the ,agreement1 as documented by the ,department ,interior ,division of ,land ,titles and ,records ,office2 7#b7 the land added to the ,reservation pursuant to section #aaj7;b72 7#c7 the land added to the ,reservation pursuant to section #bja7;c72 and 7#d7 land that1 as of the ,enforceability ,date1 has been added to the ,reservation pursuant to ,federal law4 7b7 ,land ,to be taken into trust 7#a7 ,in general ,within thirty 7#cj7 days of enactment of this ,act1 the ,secretary is authorized and directed to accept the transfer of title to the land shown on the maps in ,exhibits #b4ih;,a and #b4ih;,b to the ,agreement1 as identified in subparagraphs 7,a71 7,b71 7,c71 7,d71 7,e7 and 7,f71 and to hold such land in trust for the benefit of the ,yavapai-,apache ,nation4 7,a7 ,otter waters ,a tract of land located in ,section #cc1 ,township #ae ,north1 ,range #d ,east1 ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in instrument number #bjbc-jjjebde recorded on ,february #c1 #bjbc in the records of the ,yavapai ,county ,recorder4 7,b7 ,cemetery property ,a tract of land located in the ,east half of the ,northeast quarter of ,section #aa1 ,township #ad ,north1 ,range #d ,east1 ,gila and ,salt ,river ,meridian1 ,yavapai ,county1 ,arizona1 as described in instrument number #bjbc-jjbehib recorded on ,june #ae1 #bjbc in the records of the ,yavapai ,county ,recorder4 7,c7 ,brown property 7i7 ,parcel #a ,a tract of land located in the ,southwest quarter of the ,southwest quarter of ,section #b1 ,township #ad ,north1 ,range #d ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in instrument number #bjba-jjhgdde recorded on ,december #i1 #bjba in the records of the ,yavapai ,county ,recorder4 7ii7 ,parcel #b ,a tract of land located in the ,southwest quarter of the ,southwest quarter of ,section #b and the ,northwest quarter of the ,northwest quarter of ,section #aa1 ,township #ad ,north1 ,range #d ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in instrument number #bjba-jjhgdde recorded on ,december #i1 #bjba in the records of the ,yavapai ,county ,recorder4 7,d7 ,distantce drums rv park property 7i7 ,parcel #a ,a tract of land as recorded in ,book #cfbg1 ,page #ghb1 ,records of ,yavapai ,county1 located in a portion of ,government ,lots #aj and #aa of ,section #g and ,government ,lots #ac and #ad of ,section #ah1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in ,book #dccb1 ,page #bha recorded on ,november #g1 #bjje in the records of the ,yavapai ,county ,recorder4 7ii7 ,parcel #b ,a tract of land located in a portion of ,government ,lot #ab of ,section #g1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in ,book #dccb1 ,page #bha recorded on ,november #g1 #bjje in the records of the ,yavapai ,county ,recorder4 7iii7 ,parcel #c ,a tract of land located in ,section #g1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in ,book #dccb1 ,page #bha recorded on ,november #g1 #bjje in the records of the ,yavapai ,county ,recorder4 7,e7 ,sonic_/chevron property 7i7 ,parcel #a ,a tract of land located in that part of ,lot #ac1 ,section #ah1 ,township #ad1 ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 being a portion of that parcel of land described in ,book #cjfh1 ,page #eai in the ,office of the ,yavapai ,county ,recorder1 as described in ,book #daae1 ,page #hgf recorded on ,february #b1 #bjjd in the records of the ,yavapai ,county ,recorder4 7ii7 ,parcel #b ,a tract of land located in that part of ,lot #ac1 ,section #ah1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 being a portion of that parcel of land described in ,book #cjfh1 ,page #eai in the ,office of the ,yavapai ,county ,recorder1 as described in ,book #daae1 ,page #hgf recorded on ,february #b1 #bjjd in the records of the ,yavapai ,county ,recorder4 7iii7 ,parcel #c ,a tract of land located in that part of ,lot #ac1 ,section #ah1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 being a portion of that parcel of land described in ,book #cjfh1 ,page #eai in the office of the ,yavapai ,county ,recorder1 as described in ,book #daae1 ,page #hhh recorded on ,february #b1 #bjjd in the records of the ,yavapai ,county ,recorder4 7,f7 ,arena del loma property 7i7 ,parcel #a ,a tract of land located in ,section #ai1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in instrument number #bjbj-jjddgbg recorded on ,august #g1 #bjbj in the records of the ,yavapai ,county ,recorder4 7ii7 ,parcel #b ,a tract of land located in ,section #ai1 ,township #ad ,north1 ,range #e ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 lying within ,south ,middle ,verde ,road 7,arena ,del ,loma ,road7 as abandoned by ,town of ,camp ,verde1 as shown on plat of record in ,book #aih of ,maps1 ,page #ea1 records of ,yavapai ,county1 ,arizona1 as described in instrument number #bjbj-jjddgbg recorded on ,august #g1 #bjbj in the records of the ,yavapai ,county ,recorder4 7iii7 ,parcel #c ,a tract of land located in the ,northeast quarter of ,section #ai1 ,township #ad ,north1 ,range #e ,east1 of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 being a portion of that parcel described in ,book #dbbg1 page #ebe ,record ,source #a 7,r#a71 records of the ,yavapai ,county ,recorder's ,office1 as described in instrument number #bjbb-jjeifie recorded on ,october #f1 #bjbb in the records of the ,yavapai ,county ,recorder4 7,g7 ,giant's grave property 7i7 ,parcel #a ,a tract of land located in the ,northeast quarter of the ,southwest quarter of ,section #ai1 ,township #af ,north1 ,range #c ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in ,book #ccai1 ,page #fbj1 instrument number #iffghjj recorded on ,november #bg1 #aiif in the records of the ,yavapai ,county ,recorder4 7ii7 ,parcel #b ,a tract of land located in the ,south half of the ,south half of ,section #ai and in the ,northeast quarter of the ,northwest quarter of ,section #cj1 ,township #af ,north1 ,range #c ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 as described in ,book #ccai1 ,page #fbj1 instrument number #iffghjj recorded on ,november #bg1 #aiif in the records of the ,yavapai ,county ,recorder4 7iii7 ,parcel #c ,a tract of land #bj feet in width and more or less #agh feet in length located in the ,south of ,section #ai1 ,township #af ,north1 ,range #c ,east of the ,gila and ,salt ,river ,base and ,meridian1 ,yavapai ,county1 ,arizona1 being a portion of that certain parcel of land described in ,book #cefh1 ,page #ah1 ,official ,records recorded in the ,yavapai ,county ,recorder's ,office1 ,yavapai ,county1 ,arizona1 as described in instrument number #bjbb-jjcfihe recorded on ,june #ae1 #bjbb in the records of the ,yavapai ,county ,recorder4 7#b7 ,reservation status ,the land taken into trust under paragraph 7#a7 shall be a part of the ,yavapai-,apache ,reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the ,united ,states for an ,indian ,tribe4 7#c7 ,valid existing rights ,the land taken into trust under paragraph 7#a7 shall be subject to valid existing rights1 including easements1 rights-of-way1 contracts1 and managements agreements4 7#d7 ,limitations ,nothing in this subsection 7a7 affects any right or claim of the ,yavapai-,apache ,nation to any land or interest in land in existence before the date of enactment of this ,act4 7#e7 ,land descriptions ,the ,secretary may correct1 by mutual agreement with the ,yavapai-,apache ,nation1 any errors in the land descriptions of the land conveyed to the ,secretary pursuant to ,sections #aaj7;b7 and #bja7;b74 7#f7 ,conflict ,if there is a conflict between a map and a description of land in this ,act1 the map shall control unless the ,secretary and the ,yavapai-,apache ,nation mutually agree otherwise4 #aaa4 ,yavapai-,apache ,nation ,cap ,water 7a7 ,yavapai-,apache nation amended cap water delivery contract 7#a7 ,in general ,in accordance with the ,yavapai-,apache ,nation ,water ,rights ,settlement ,agreement and the requirements described in paragraph 7#b71 the ,secretary shall enter into the ,,yan ,amended ,,cap ,water ,delivery ,contract4 7#b7 ,requirements ,the requirements referred to in paragraph 7#a7 are the following3 7,a7 ,in general ,the ,,yan ,amended ,,cap ,water ,delivery ,contract shall-- 7i7 be for permanent service 7as that term is used in section #e of the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag;d772 7ii7 take effect on the ,enforceability ,date2 and 7iii7 be without limit as to term4 7,b7 ,yan cap water 7i7 ,in general ,the ,,yan ,,cap water may be delivered for use in the ,state through-- 7,i7 any project authorized under this ,act2 or 7,,ii7 the ,,cap ,system4 7,c7 ,contractual delivery ,the ,secretary shall deliver the ,,yan ,,cap water to ,yavapai-,apache ,nation in accordance with the terms and conditions of the ,,yan ,amended ,,cap ,water ,delivery ,contract4 7,d7 ,delivery of cap indian priority water 7i7 ,in general ,if a time of shortage exists1 as that term is described in the ,,yan ,amended ,,cap ,water ,delivery ,contract1 the amount of ,,cap ,indian ,priority ,water available to the ,,yan in such ,year shall be computed in accordance with subsection #e4h of the ,,yan ,amended ,,cap ,repayment ,contract4 7,e7 ,leases and exchanges of yavapai-apache nation cap water ,on or after the date on which the ,,yan ,amended ,,cap ,water ,delivery ,contract becomes effective1 the ,yavapai-,apache ,nation may1 with the approval of the ,secretary1 enter into contracts or options to lease or to exchange ,,yan ,,cap ,water in ,coconino1 ,gila1 ,maricopa1 ,pinal1 ,pima1 and ,yavapai counties1 ,arizona1 providing for the temporary delivery to any individual or entity of any portion of the ,,yan ,,cap ,water4 7,f7 ,terms of leases and exchanges 7i7 ,leasing ,contracts or options to lease under subparagraph 7,e7 shall be for a term of not more than #ajj years4 7ii7 ,exchanges ,contracts or options to exchange under subparagraph 7,e7 shall be for the term provided for in the contract or option1 as applicable4 7iii7 ,renegotiation ,the ,,yan may1 with the approval of the ,secretary1 renegotiate any lease described in subparagraph 7,e71 at any time during the term of the lease1 if the term of the renegotiated lease does not exceed #ajj years4 7,g7 ,prohibition on permanent alienation ,no ,,yan ,,cap ,water may be permanently alienated4 7,h7 ,entitlement to lease and exchange funds2 obligations of the united states 7i7 ,entitlement 7,i7 ,in general ,the ,yavapai-,apache ,nation shall be entitled to all consideration due to the ,yavapai-,apache ,nation under any contract to lease1 option to lease1 contract to exchange1 or option to exchange the ,,yan ,,cap ,water entered into by the ,yavapai-,apache ,nation4 7,,ii7 ,exclusion ,the ,united ,states shall not1 in any capacity1 be entitled to the consideration described in subclause 7,i74 7ii7 ,obligations of the united states ,the ,united ,states shall not1 in any capacity1 have any trust or other obligation to monitor1 administer1 or account for1 in any manner1 any funds received by the ,yavapai-,apache ,nation as consideration under any contract to lease1 option to lease1 contract to exchange1 or option to exchange the ,,yan ,,cap ,water entered into by ,yavapai-,apache ,nation1 except in a case in which the ,yavapai-,apache ,nation deposits the proceeds of any lease1 option to lease1 contract to exchange1 or option to exchange into an account held in trust for the ,yavapai-,apache ,nation by the ,united ,states4 7,i7 ,water use and storage 7i7 ,in general ,the ,yavapai-,apache ,nation may use ,,yan ,,cap ,water on or off the ,,yan ,reservation4 7ii7 ,storage ,the ,yavapai-,apache ,nation1 in accordance with ,state law1 may store ,,yan ,,cap ,water at #a or more underground storage facilities or groundwater savings facilities4 7iii7 ,assignment ,the ,yavapai-,apache ,nation may1 without the approval of the ,secretary1 sell1 transfer1 or assign any long-term storage credits accrued as a result of storage described in clause 7ii74 7,i7 ,use outside state ,the ,yavapai-,apache ,nation may not use1 lease1 exchange1 forbear1 or otherwise transfer any ,,yan ,,cap ,water for use directly or indirectly outside the ,state4 7,j7 ,cap fixed omr charges 7i7 ,in general ,the ,,cap ,operating ,agency shall be paid the ,,cap ,fixed ,,om,r charges associated with the delivery of all ,,yan ,,cap ,water4 7ii7 ,payment of charges ,except as provided in subparagraph 7,n71 all ,,cap ,fixed ,,om,r charges associated with the delivery of ,,yan ,,cap ,water to the ,yavapai-,apache ,nation shall be paid by-- 7,i7 the ,secretary1 pursuant to section #djc7;f77#b77;,a7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc7;f77#b77;,a771 subject to the condition that funds for that payment are available in the ,lower ,colorado ,river ,basin ,development ,fund2 and 7,,ii7 if the funds described in subclause 7,i7 become unavailable1 the ,yavapai-,apache ,nation4 7,k7 ,cap pumping energy charges 7i7 ,in general ,the ,,cap ,operating ,agency shall be paid the ,,cap ,pumping ,energy ,charge associated with the delivery of ,,yan ,,cap ,water only in cases in which the ,,cap ,system is used for the delivery of that water4 7ii7 ,payment of charges ,except for ,,cap ,water not delivered through the ,,cap ,system1 which does not incur a ,,cap ,pumping ,energy ,charge1 or water delivered to other persons as described in subparagraph 7,n71 any applicable ,,cap ,pumping ,energy ,charge associated with the delivery of the ,,yan ,,cap ,water shall be paid by the ,yavapai-,apache ,nation4 7,l7 ,waiver of property tax equivalency payments ,no property tax or in-lieu property tax equivalency shall be due or payable by the ,yavapai-,apache ,nation for the delivery of ,,cap ,water or for the storage of ,,cap ,water in an underground storage facility or groundwater savings facility4 7,m7 ,lessee responsibility for charges 7i7 ,in general ,any lease or option to lease providing for the temporary delivery to other persons of any ,,yan ,,cap ,water shall require the lessee to pay to the ,,cap ,operating ,agency the ,,cap ,fixed ,,om,r ,charge and the ,,cap ,pumping ,energy ,charge associated with the delivery of the leased water4 7ii7 ,no responsibility for payment ,neither the ,yavapai-,apache ,nation nor the ,united ,states in any capacity shall be responsible for the payment of any charges associated with the delivery of the ,,yan ,,cap ,water leased to other persons4 7,n7 ,advance payment ,no ,,yan ,,cap ,water shall be delivered unless the ,,cap ,fixed ,,om,r ,charge and any applicable ,,cap ,pumping ,energy ,charge associated with the delivery of that water have been paid in advance4 7,o7 ,calculation ,the charges for delivery of ,,yan ,,cap ,water pursuant to the ,yavapai-,apache ,nation ,amended ,,cap ,water ,delivery ,contract shall be calculated in accordance with the ,,cap ,repayment ,stipulation4 7,p7 ,cap repayment ,for purposes of determining the allocation and repayment of costs of any stages of the ,,cap ,system constructed after ,november #ba1 #bjjg1 the costs associated with the delivery of ,,yan ,,cap ,water1 whether such water is delivered for use by the ,yavapai-,apache ,nation1 or in accordance with any assignment1 exchange1 lease1 option to lease1 or other agreement for the temporary disposition of ,,yan ,,cap ,water entered into by the ,,yan1 shall be-- 7i7 nonreimbursable2 and 7ii7 excluded from the repayment obligation of the ,central ,arizona ,water ,conservation ,district4 7,q7 ,nonreimbursable cap construction costs 7i7 ,in general ,with respect to the costs associated with the construction of the ,,cap ,system allocable to the ,yavapai-,apache ,nation-- 7,i7 the costs shall be nonreimbursable2 and 7,,ii7 the ,yavapai-,apache ,nation shall have no repayment obligation for the costs4 7ii7 ,capital charges ,no ,,cap water service capital charges shall be due or payable for the ,,yan ,,cap ,water1 regardless of whether the ,,yan ,,cap ,water is delivered-- 7,i7 for use by the ,yavapai-,apache ,nation2 or 7,,ii7 under any lease1 option to lease1 exchange1 or option to exchange entered into by the ,yavapai-,apache ,nation4 #aab4 ,enforceability date 7a7 ,in general ,the ,agreement1 including the waivers and releases of claims described in section #ajh1 shall take effect and be fully enforceable on the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent the ,agreement conflicts with this ,act-- 7,a7 the ,agreement has been revised through an amendment to eliminate the conflict2 and 7,b7 the revised ,agreement1 including any exhibit requiring amendment or execution by any party to the ,agreement1 has been executed by all required parties2 7#b7 the waivers1 releases and retentions of claims described in paragraph #ac4j of the ,agreement and in section #ajh of this ,act have been executed by the ,yavapai-,apache ,nation1 the ,united ,states1 and the other parties to the ,agreement2 7#c7 the full amount described in section #ajg7;a77#a77;,a71 as adjusted by section #ajg7;d77#a71 has been deposited into the ,cragin-,verde ,pipeline ,account of the ,t lnchoh ,water ,infrastructure ,project ,fund2 7#d7 the full amount described in section #ajg7;a77#a77;,b71 as adjusted by section #ajg7;d77#a71 has been deposited into the ,,yan ,drinking ,water ,system ,account of the ,t lnchoh ,water ,infrastructure ,project ,fund2 7#e7 the full amounts described in sections #ajg7;a77#b77;,a71 7,b71 7,c71 7,d7 and 7,e71 as adjusted by section #ajg7;d77#b71 have been deposited into the ,trust ,fund2 7#f7 the ,arizona ,department of ,water ,resources has conditionally approved the severance and transfer of the right of ,,srp to the diversion and beneficial use of water under ,arizona ,department of ,water ,rights ,certificate of ,water ,right ,no4 #cfif4jjjb as described in ,paragraph #h4j of the ,agreement1 in an amount not to exceed an average of #c1daj4bf ,,afy1 up to a maximum of #c1igg4ib acre-feet in any given ,year1 to the ,nation and the ,united ,states in its capacity as trustee for the ,nation1 and has issued a conditional certificate of water right to the ,nation and the ,united ,states in its capacity as trustee for the ,nation1 to become effective on the ,enforceability ,date2 7#g7 the changes in places of use and points of diversion for the surface water rights to the ,verde ,river as described in ,subparagraph #e4d of the ,agreement have been conditionally approved1 to become effective on the ,enforceability ,date1 provided that the ,,yan1 in its sole discretion1 may waive this condition2 7#h7 the ,gila ,river ,adjudication ,court has included the water right for instream flow for the ,nation and the ,united ,states as trustee for the ,nation1 as described in ,subparagraphs #aa4b and #aa4c of the ,,yan ,judgment1 which substantially conforms to the attributes described in ,exhibit #aa4a;,b to the ,agreement1 provided that the ,nation1 in its sole discretion1 may waive this condition2 7#i7 except as otherwise provided in paragraph 7#g7 and 7#h71 the ,gila ,river ,adjudication ,court has approved the ,,yan ,judgment in substantially the same form attached as ,exhibit #ac4i to the ,agreement1 as amended to ensure consistency with this ,act2 7#aj7 the ,secretary has issued a final record of decision approving the construction of the ,t lnchoh ,water ,infrastructure ,project as described section #ajc of this ,act2 7#aa7 the ,nation and the ,town of ,clarkdale have executed the ,water and ,sewer ,service ,agreement described in ,exhibit #af4a4b4c to the ,agreement1 provided that1 the ,nation1 in its sole discretion1 may waive this condition2 7#ab7 the ,nation and the ,town of ,camp ,verde have executed the ,interconnection and ,exchange ,agreement described in ,exhibit #af4a4b4b to the ,agreement provided that1 the ,nation1 in its sole discretion1 may waive this condition2 and 7#ac7 ,the tribal council of the ,yavapai-,apache ,nation has adopted a resolution1 as described in section #aac7;a7 of this ,act1 consenting to the limited waiver of sovereign immunity from suit in the circumstances described in section #aac7;a77#c74 7b7 ,failure ,to satisfy conditions 7#a7 ,in general ,except as provided in paragraph 7#b71 if the ,secretary fails to publish in the ,federal ,register a statement of findings under subsection 7a7 by ,june #cj1 #bjce1 or such alternative later date as may be agreed to by the ,yavapai-,apache ,nation1 the ,secretary1 and the ,state3 7,a7 this ,act is repealed with the exception described in paragraph 7#b7 below2 7,b7 any action taken by the ,secretary and any contract or agreement entered into pursuant to this ,act shall be void2 7,c7 ,the ,united ,states shall be entitled to ,offset any ,federal amounts made available under section #ajg7;e77#b7 that were used under that section against any claims asserted by the ,yavapai-,apache ,nation against the ,united ,states2 and 7,d7 ,any amounts appropriated under section #ajg1 together with any investment earnings on those amounts1 less any amounts expended under section #ajd7;e77#b71 shall revert immediately to the general fund of the ,treasury4 7#b7 ,exception ,notwithstanding subsection 7b77#a71 if the ,secretary fails to publish in the ,federal ,register a statement of findings under subsection 7a7 by ,june #cj1 #bjce1 or such alternative later date as may be agreed to by the ,yavapai-,apache ,nation1 the ,secretary1 and the ,state1 sections #aaj and #bja shall remain in effect4 #aac4 ,administration 7a7 ,limited waiver of sovereign immunity by the yavapai-,apache nation and the united states acting as trustee for the yavapai-,apache nation 7#a7 ,the ,yavapai-,apache ,nation1 and the ,united ,states acting as trustee for the ,yavapai-,apache ,nation1 may be joined in any action brought in any circumstance described in paragraph 7#c71 and any claim by the ,yavapai-,apache ,nation and the ,united ,states to sovereign immunity from any such action is waived4 7#b7 ,by resolution dated ,june #bf1 #bjbd1 the ,yavapai-,apache ,nation ,council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph 7#c7 notwithstanding any provision of the ,yavapai-,apache ,nation ,code or any other ,yavapai-,apache ,nation law4 7#c7 ,a circumstance referred to in subsections 7a77#a7 and 7a77#b7 is described as any of the following3 7,a7 ,any party to the ,agreement3 7i7 brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of3 7,i7 this ,act2 or 7,,ii7 the ,agreement and exhibits to the ,agreement2 7ii7 names the ,yavapai-,apache ,nation1 or the ,united ,states acting as trustee for the ,yavapai-,apache ,nation1 as a party in that action2 and 7iii7 doesnot include any request for award against the ,yavapai-,apache ,nation1 or the ,united ,states acting as trustee for the ,yavapai-,apache ,nation1 for money damages1 court costs1 or attorney fees1 except for claims brought by a party pursuant to the ,,yan-,,srp ,water ,delivery and ,use ,agreement and ,,yan-,,srp ,exchange ,agreement4 7,b7 ,any landowner or water user in the ,gila ,river ,watershed3 7i7 brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of3 7,i7 paragraph #ac4j of the ,agreement2 7,,ii7 the ,gila ,river ,adjudication ,decree2 7,,iii7 section #ajh of this ,act2 or 7ii7 names the ,yavapai-,apache ,nation1 or the ,united ,states acting as trustee for the ,yavapai-,apache ,nation1 as a party in that action2 and 7iii7 shall not include any request for award against the ,yavapai-,apache ,nation1 or the ,united ,states acting as trustee for the ,yavapai-,apache ,nation1 for money damages1 court costs or attorney fees4 7b7 ,antideficiency ,notwithstanding any authorization of appropriations to carry out this ,act1 the ,united ,states shall not be liable for any failure of the ,united ,states to carry out any obligation or activity authorized by this ,act 7including all agreements or exhibits ratified or confirmed by this ,act7 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act4 7c7 ,applicability of reclamation reform act ,the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cij;aa et seq47 and any other acreage limitation or full-cost pricing provision under ,federal law shall not apply to any individual1 entity1 or land solely on the basis of-- 7#a7 receipt of any benefit under this title2 7#b7 the execution or performance of the ,agreement2 or 7#c7 the use1 storage1 delivery1 lease1 or exchange of ,,cap water4 #aad4 ,miscellaneous 7a7 ,c4c4 cragin dam and reservoir ,section #bac7;f77#c77;,b7 of ,public ,law #ajh-dea is amended to3 7#a7 ,delete the reference in the first sentence to ,blue ,ridge ,reservoir and add a reference to ,c4,c4 ,cragin ,dam and ,reservoir1 as follows3 ,,availability ,,of ,,water4--,up to #c1ejj acre-feet of water per year may be made available from ,blue ,ridge ,reservoir ,c4,c4 ,cragin ,dam and ,reservoir for municipal and domestic uses in ,northern ,gila ,county1 ,arizona1 without cost to the ,salt ,river ,federal ,reclamation ,project4 7#b7 ,add a second sentence1 as follows3 ,up to #a1fci4gd acre-feet of water per year may be made available from the ,c4,c4 ,cragin ,reservoir for municipal and domestic uses in ,yavapai ,county1 ,arizona1 without cost to the ,salt ,river ,federal ,reclamation ,project1 provided that1 on or before ,december #ca1 #bjbi1 water users in ,yavapai ,county have contracted with the ,salt ,river ,federal ,reclamation ,project for the use of the water described in this subsection #bac7;f77#c77;,b74 7b7 ,effect of title ,nothing in this title quantifies or otherwise affects any water right or claim or entitlement to water of any ,indian tribe1 band1 or community other than the ,yavapai-,apache ,nation4 ,,ii ,,yavapai-,,apache ,,land ,,exchange #bja4 ,yavapai-,apache land exchange 7a7 ,yavapai-,apache land exchange ,notwithstanding any other provision of law1 the ,secretary of the ,department of ,agriculture is directed to-- 7#a7 within thirty 7#cj7 days of enactment of this ,act1 unless the ,secretary of the ,department of ,agriculture has already accepted title to such land1 accept title to the ,non-,federal ,land consisting of approximately #d1gha4if acres owned by the ,yavapai-,apache ,nation in the ,state1 as described in subparagraphs 7#d77;,a71 7,b71 7,c71 7,d71 7,e7 and 7,f7 and ,exhibits #b4ih;,g-#a1 #b4ih;,g-#b1 #b4ih;,g-#c1 #b4ih;,g-#d1 #b4ih;,g-#e and #b4ih;,g-#f to the ,agreement1 and such lands are deemed added to each ,national ,forest listed in the description in subparagraphs 7a77#d77;,a7-7,f7 upon the date of acceptance of title by the ,secretary of the ,department of ,agriculture2 7#b7 within thirty 7#cj7 days of enactment of this ,act1 unless such lands have already been transferred by the ,forest ,service to the ,yavapai-,apache ,nation1 transfer the ,federal ,land consisting of approximately #c1jhg4ij acres held by the ,forest ,service1 as described in subparagraphs 7#e77;,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 7,h7 and 7,i7 and shown in ,exhibit #b4ih;,a to the ,agreement1 to the ,secretary of the ,interior to be held in trust by the ,united ,states for the benefit of the ,yavapai-,apache ,nation2 and 7#c7 within thirty 7#cj7 days of enactment of this ,act1 unless such lands have already been transferred by the ,forest ,service to the ,yavapai-,apache ,nation as of the date of enactment of this ,act1 convey the ,federal ,land consisting of approximately #aah4ib acres held by the ,forest ,service as described in subparagraph 7#e77;,j71 to the ,yavapai-,apache ,nation in fee4 7#d7 ,non-federal land ,for purposes of this subsection 7b71 ,non-,federal ,land shall include the following as depicted in ,exhibit #b4ih of the ,agreement3 7,a7 ,red ,mountain at ,yavapai ,ranch ,six ,sections ,parcel 7,,yan#a7 - ,prescott ,national ,forest 7,b7 ,johnston ,ranch ,parcel 7,,yan#b7 - ,coconino ,national ,forest 7,c7 ,pinedale ,parcel 7,,yan#c7 - ,apache-,sitgreaves ,national ,forest 7,d7 ,laurel ,leaf ,parcel 7,,yan#d7 - ,prescott ,national ,forest 7,e7 ,heber ,parcel 7,,yan#e7 - ,apache-,sitgreaves ,national ,forest 7,f7 ,williams ,parcel 7,,yan#f7 - ,kaibab ,national ,forest 7#e7 ,federal land ,for purposes of this subsection 7b71 ,federal ,land shall include the following as depicted in ,exhibit #b4ih of the ,agreement3 7,a7 ,montezuma ,a ,parcel 7,,nf#a7 7,b7 ,montezuma ,b ,parcel 7,,nf#b7 7,c7 ,montezuma ,c ,parcel 7,,nf#c7 7,d7 ,montezuma ,d ,parcel 7,,nf#d7 7,e7 ,lower #bfj ,parcel 7,,nf#e7 7,f7 ,upper #bfj ,parcel 7,,nf#f7 7,g7 ,middle ,verde ,a ,parcel 7,,nf#g7 7,h7 ,middle ,verde ,b ,parcel 7,,nf#h7 7,i7 ,middle ,verde ,c ,parcel 7,,nf#i7 7,j7 ,cedar ,ridge ,parcel 7,,nf#aj7 7b7 ,land ,to be taken into trust ,if the lands described in subparagraphs 7#e77;,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 7,h7 and 7,i7 are held by the ,yavapai-,apache ,nation in fee as of the date of enactment of this ,act1 within thirty 7#cj7 days of enactment of this ,act1 the ,secretary is authorized and directed to take legal title to the land and hold such land in trust for the benefit of the ,yavapai-,apache ,nation4 7c7 ,reservation status ,the land taken into trust under subsection 7b7 shall be a part of the ,yavapai-,apache ,reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the ,united ,states for an ,indian ,tribe4 7d7 ,valid existing rights ,the land taken into trust under subsection 7b7 shall be subject to valid existing rights1 including easements1 rights-of-way1 contracts1 and managements agreements4 7e7 ,limitations ,nothing in this section #bja affects any right or claim of the ,yavapai-,apache ,nation to any land or interest in land in existence before the date of enactment of this ,act4 #bjb4 ,town of ,camp ,verde and ,forest ,service 7a7 ,town of camp verde public safety parcel ,pursuant to existing authorities1 the ,forest ,service shall work expeditiously with the ,town of ,camp ,verde to transfer title to the ,town of ,camp ,verde of up to #dj acres of ,forest ,service land located at the intersection of ,interstate #ag and ,general ,crook ,trail within the municipal boundaries of the ,town of ,camp ,verde for public safety and other municipal purposes4