Sec. 5. Water rights

358 words·~2 min read·/bill/119/hr/6931/ih/section-5

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

The Water Rights of the Yavapai-Apache Nation as described in the Agreement are ratified, confirmed and declared to be valid. Any use of Water pursuant to the Water Rights described in paragraph

(1)by the Yavapai-Apache Nation shall be subject to the terms and conditions of the Agreement and this Act. In the event of a conflict between the Agreement and this Act, this Act shall control. The United States shall hold the following Water Rights in trust for the benefit of the Yavapai-Apache Nation: The Water Rights described in paragraphs 5.0, 6.0, 8.0, 9.0 and 11.0 of the Agreement. Any Water Rights taken into trust pursuant to subsections

(f)and (g). Except for Effluent as provided in subparagraph 4.15 of the Agreement, YAN CAP Water as provided in subparagraph 6.0 of the Agreement, and Water that is subject to an Exchange in accordance with State law, the rights to Water described in subparagraph 4.1 of the Agreement may not be sold, leased, transferred or used outside the boundaries of the YAN Reservation, YAN Trust Land, or YAN After-Acquired Trust Land. None of the water rights described in paragraphs

(1)and

(2)of subsection

(b)shall be subject to loss through non-use, forfeiture, abandonment, or other operation of law. CAP water The Yavapai-Apache Nation shall have the right to divert, use, and store YAN CAP Water in accordance with the Agreement and section 14. YAN after-Acquired trust land As described in subparagraph 4.13.2.1 of the Agreement, and subject to all valid and existing rights, any Water Rights appurtenant to YAN After-Acquired Trust Land at the time the YAN After-Acquired Trust Land is taken into trust by the Secretary shall be held in trust by the United States for the benefit of the Yavapai-Apache Nation. As described in subparagraphs 4.14.1 and 4.14.2 of the Agreement, and subject to all valid and existing rights, on the request of the Yavapai-Apache Nation, and in accordance with applicable Federal law, the Secretary shall accept and take into trust for the benefit of the Yavapai-Apache Nation any Water Rights severed and transferred to the Reservation, YAN Trust Land, or YAN After-Acquired Trust Land.