Sec. 109. Satisfaction of water rights and other benefits; effect on members of the Yavapai-Apache Nation and Dinah Hood Allotment
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/bill/118/s/4705/is/section-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The benefits provided under the Agreement and this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but not Members in the capacity of the Members as Allottees) against the parties to the Agreement, including the United States, 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 (but not Members in the capacity of the Members as Allottees) pursuant to sections 108(a) and 108(b) of this Act and Subparagraphs 13.1 and 13.2 to the Agreement.
Any entitlement to Water of the Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but not Members in the capacity of the Members as Allottees) 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 (but not Members in the capacity of the Members as Allottees), for YAN Land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Agreement or this Act to or for the Yavapai-Apache Nation, the Members of the Yavapai-Apache Nation (but not Members in the capacity of the Members as Allottees), and 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 (but not Members in the capacity of the Members as Allottees).
Notwithstanding subsections
(a)and (b), nothing in the Agreement or this Act— recognizes or establishes any right of a Member of the Yavapai-Apache Nation to Water on YAN Land; or prohibits the Yavapai-Apache Nation from acquiring additional Water Rights by purchase or donation of land, credits, or Water Rights. Except as provided in subsections
(a)and
(b)and sections 108(a) and 108(b), 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 Land. Nothing in the Agreement and this Act quantifies or diminishes any Water Right, or any claim or entitlement to Water for the Dinah Hood Allotment; or precludes beneficial owners of the Dinah Hood Allotment, or the United States, acting in its capacity as trustee for beneficial owners of the Dinah Hood allotment, from making claims for Water Rights in Arizona. To the extent authorized by applicable law, beneficial owners of the Dinah Hood Allotment, or the United States, acting in its capacity as trustee for beneficial owners of the Dinah Hood allotment, may make claims to, and may be adjudicated, individual Water Rights in Arizona. Notwithstanding paragraph (1), the Yavapai-Apache Nation, in its capacity as a holder of a beneficial real property interest in the Dinah Hood Allotment, shall not object to, challenge or dispute the claims of Water users to Water from the Verde River Watershed, in the Gila River Adjudication Proceedings or in any other judicial or administrative proceeding.