Sec. 15. ADMINISTRATION
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## SEC. 15 ADMINISTRATION ###
(a)Limited Waiver of Sovereign Immunity ####
(1)Waiver #####
(A)In general In any circumstance described in paragraph (2)— ######
(i)the United States or the Hualapai Tribe may be joined in the action described in the applicable subparagraph of that paragraph; and ######
(ii)subject to subparagraph (B), any claim by the United States or the Hualapai Tribe to sovereign immunity from the action is waived. #####
(B)Limitation A waiver under subparagraph (A)(ii)— ######
(i)shall only be for the limited and sole purpose of the interpretation or enforcement of— ######
(I)this Act; ######
(II)the Hualapai Tribe water rights settlement agreement, as ratified by this Act; or ######
(III)the Bill Williams River phase 2 water right settlement agreement, as ratified by this Act; and ######
(ii)shall not include any award against the United States or the Hualapai Tribe for money damages, court costs, or attorney fees. ####
(2)Circumstances described A circumstance referred to in paragraph (1)(A) is any of the following: #####
(A)Any party to the Hualapai Tribe water rights settlement agreement— ######
(i)brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— ######
(I)this Act; or ######
(II)the Hualapai Tribe water rights settlement agreement; and ######
(ii)names the United States or the Hualapai Tribe as a party in that action. #####
(B)Any landowner or water user in the Verde River Watershed— ######
(i)brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— ######
(I)paragraph 10.0 of the Hualapai Tribe water rights settlement agreement; ######
(II)Exhibit 3.1.43 to the Hualapai Tribe water rights settlement agreement; or ######
(III)section 9; and ######
(ii)names the United States or the Hualapai Tribe as a party in that action. #####
(C)Any party to the Bill Williams River phase 2 settlement agreement— ######
(i)brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— ######
(I)this Act; or ######
(II)the Bill Williams River phase 2 settlement agreement; and ######
(ii)names the United States or the Hualapai Tribe as a party in that action. ###
(b)Effect on Current Law Nothing in this section alters the law with respect to pre-enforcement review of Federal environmental or safety-related enforcement actions. ###
(c)Basin Groundwater Withdrawal Estimates ####
(1)Groundwater withdrawal estimates #####
(A)In general Not later than 1 year of the date of enactment of this Act, the Secretary, acting through the United States Geological Survey Water Use Program, shall issue an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the Hualapai Reservation. #####
(B)Annual estimates Each year after publication of the initial estimate required by subparagraph (A), the Secretary, acting through the United States Geological Survey Water Use Program, shall issue an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the Hualapai Reservation until such time as the Secretary, after consultation with the Hualapai Tribe, determines that annual estimates are not warranted. ####
(2)Notice to the state Based on the estimates under paragraph (1), the Secretary shall notify the State, in writing, if the total withdrawal of groundwater from the Truxton Basin outside the boundaries of the Hualapai Reservation exceeds the estimate prepared pursuant to that paragraph by 3,000 or more AFY, exclusive of any diversion or use of groundwater on Hualapai fee land and any land acquired by the Hualapai Tribe, including by a tribally owned corporation, in fee after the Enforceability Date. ###
(d)Antideficiency 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 agreements or exhibits ratified or confirmed by this Act) if— ####
(1)adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act; or ####
(2)there are not enough monies available to carry out this Act in the Lower Colorado River Basin Development Fund. ###
(e)Application of Reclamation Reform Act of 1982 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— ####
(1)receipt of any benefit under this Act; ####
(2)execution or performance of this Act; or ####
(3)the use, storage, delivery, lease, or exchange of CAP water. ###
(f)Effect ####
(1)No modification or preemption of other law Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects— #####
(A)the Boulder Canyon Project Act (43 U.S.C. 617 et seq.); #####
(B)the Boulder Canyon Project Adjustment Act (43 U.S.C. 618 et seq.); #####
(C)the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.); #####
(D)the Colorado River Basin Project Act (Public Law 90-537; 82 Stat. 885); #####
(E)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); #####
(F)the Colorado River Compact; #####
(G)the Upper Colorado River Basin Compact; #####
(H)the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991); or #####
(I)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. ####
(2)Effect on agreements 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— #####
(A)the Arizona Water Banking Authority (or a successor agency or entity); or #####
(B)any other lawful authority. ####
(3)Effect of act Nothing in this Act— #####
(A)quantifies or otherwise affects the water rights, claims, or entitlements to water of any Indian Tribe other than the Hualapai Tribe; #####
(B)affects the ability of the United States to take action on behalf of any Indian Tribe other than the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees; or #####
(C)limits the right of the Hualapai Tribe to use any water of the Hualapai Tribe in any location on the Hualapai Reservation.
Connectionstraces to 5
Traces to 5 documents
U.S. Code
- Congressional declaration of purpose; short title§ 390aa
- Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain§ 617
- Promulgation of charges for electrical energy§ 618
- Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument§ 620
4 references not yet in our index
- Pub. L. 90-537
- 59 Stat. 1219
- Pub. L. 111-11
- 123 Stat. 991
Citation graph
cites case law
Sec. 15
ADMINISTRATION
Pub. L.Pub. L. 90-537
Stat.59 Stat. 1219
Pub. L.Pub. L. 111-11
Stat.123 Stat. 991
Cites 9Cited by 0 across 0 sources