Sec. 13. Administration

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In any circumstance described in paragraph (2)— the United States or the Hualapai Tribe may be joined in the action described in the applicable subparagraph of that paragraph; and subject to subparagraph (B), any claim by the United States or the Hualapai Tribe to sovereign immunity from the action is waived. A waiver under subparagraph (A)(ii)— shall only be for the limited and sole purpose of the interpretation or enforcement of— this Act; the Hualapai Tribe water rights settlement agreement; or in accordance with paragraph (2)(D)— the Bill Williams Act; or the Bill Williams agreements; and shall not include any award against the Hualapai Tribe for money damages, court costs, or attorneys fees.

A circumstance referred to in paragraph (1)(A) is any of the following: Any party to the Hualapai Tribe water rights settlement agreement— brings an action in any Federal or State court relating only and directly to the interpretation or enforcement of— this Act; or the Hualapai Tribe water rights settlement agreement; and names the United States or the Hualapai Tribe as a party in that action. Any landowner or water user in the Verde River Watershed or the Colorado River basin within the State of Arizona— brings an action in any Federal or State court relating only and directly to the interpretation or enforcement of— paragraph 10.0 of the Hualapai Tribe water rights settlement agreement; or section 7; and names the United States or the Hualapai Tribe as a party in that action.

The State of California or the State of Nevada— brings an action in any Federal or State court relating only and directly to the interpretation or enforcement of a provision relating to the Colorado River under— paragraph 10.0 of the Hualapai Tribe water rights settlement agreement; or section 7; and names the United States or the Hualapai Tribe as a party in that action. Any party to the Bill Williams agreements— brings an action in any Federal or State court relating only and directly to the interpretation or enforcement of— the Bill Williams Act; or the Bill Williams agreements; and names the United States or the Hualapai Tribe as a party in that action.

Notwithstanding any authorization of appropriations to carry out this Act, 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 (including all titles and all agreements or exhibits ratified or confirmed by this Act) if— adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act; or there are not enough monies available to carry out this Act in the Lower Colorado River Basin Development Fund established by section 403(a) of the Colorado River Basin Project Act ( 43 U.S.C. 1543(a) ).

The Reclamation Reform Act of 1982 ( 43 U.S.C. 390aa et seq. ) and any other acreage limitation or full-cost pricing provision of Federal law shall not apply to any person, entity, or tract of land solely on the basis of— receipt of any benefit under this Act; execution or performance of this Act; or the use, storage, delivery, lease, or exchange of CAP water. The definition of Colorado River water contained in section 3, or in any provision of Hualapai Tribe water rights settlement agreement— shall only be used for purposes of interpreting this Act or the Hualapai Tribe water rights settlement agreement, as applicable; and shall not be used for any interpretation of any other applicable provision of Federal law, including— the Colorado River Compact; section 5 of the Boulder Canyon Project Act ( 43 U.S.C. 617d ); the Colorado River Basin Project Act ( Public Law 90–537 ; 82 Stat. 885); and any contract or agreement entered into pursuant a law described in clause (i), (ii), or (iii).

Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects— the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ); the Boulder Canyon Project Adjustment Act ( 43 U.S.C. 618 et seq. ); the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ( 43 U.S.C. 620 et seq. )); the Colorado River Basin Project Act ( Public Law 90–537 ; 82 Stat. 885); the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219); the Colorado River Compact; the Upper Colorado River Basin Compact; the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991); or case law concerning water rights in the Colorado River system other than any case to enforce the Hualapai Tribe water rights settlement agreement or this Act.

Nothing in this Act or the Hualapai Tribe water rights settlement agreement limits the right of the Hualapai Tribe to enter into any agreement for the storage or banking of water in accordance with State law with— the Arizona Water Banking Authority (or a successor agency or entity); or any other lawful authority . Nothing in this Act— quantifies or otherwise affects the water rights, claims, or entitlements to water of any Indian tribe, nation, band, or community, other than the Hualapai Tribe; affects the ability of the United States to take action on behalf of any Indian tribe, nation, band, or community, other than the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees; or limits the right of the Hualapai Tribe to use any water of the Hualapai Tribe in any location on the Hualapai Reservation.

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