Sec. 5. WATER RIGHTS

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

## SEC. 5 WATER RIGHTS ###

(a)Water Rights To Be Held in Trust ####

(1)Hualapai tribe The United States shall hold the following water rights in trust for the benefit of the Hualapai Tribe: #####

(A)The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement. #####

(B)The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement. #####

(C)The water rights described in section 12(e)(2) for any land taken into trust by the United States for the benefit of the Hualapai Tribe— ######

(i)after the Enforceability Date; and ######

(ii)in accordance with section 12(e)(1). #####

(D)All Hualapai Tribe CAP water. ####

(2)Allottees The United States shall hold in trust for the benefit of the allottees all water rights for the allotments described in subparagraph 4.3.2 of the Hualapai Tribe water rights settlement agreement. ###

(b)Forfeiture and Abandonment The following water rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law: ####

(1)The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement. ####

(2)The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement. ####

(3)Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement. ###

(c)Alienation Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement shall be restricted against permanent alienation by the Hualapai Tribe. ###

(d)Hualapai Tribe Cap Water The Hualapai Tribe shall have the right to divert, use, and store the Hualapai Tribe CAP water in accordance with section 13. ###

(e)Colorado River Water Entitlements ####

(1)Uses The Hualapai Tribe shall have the right to use any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at the location to which the entitlement is appurtenant on the date on which the entitlement is purchased or donated. ####

(2)Storage #####

(A)In general Subject to paragraphs

(3)and (5), the Hualapai Tribe may store Colorado River water available under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at underground storage facilities or groundwater savings facilities located within the State and in accordance with State law. #####

(B)Assignments The Hualapai Tribe may assign any long-term storage credits accrued as a result of storage under subparagraph

(A)in accordance with State law. ####

(3)Transfers The Hualapai Tribe may transfer the entitlement for use or storage under paragraph

(1)or (2), respectively, to another location within the State, including the Hualapai Reservation, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State. ####

(4)Leases The Hualapai Tribe may lease any Colorado River water entitlement for use or storage under paragraph

(1)or (2), respectively, to a water user within the State, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State. ####

(5)Transports The Hualapai Tribe, or any person who leases a Colorado River water entitlement from the Hualapai Tribe under paragraph (4), may transport Colorado River water available under the Colorado River water entitlement through the Central Arizona Project in accordance with all laws of the United States and the agreements between the United States and the Central Arizona Water Conservation District governing the use of the Central Arizona Project to transport water other than CAP water. ###

(f)Use Off-Reservation No water rights to groundwater under the Hualapai Reservation or Hualapai trust land, or to surface water on the Hualapai Reservation or Hualapai trust land, may be sold, leased, transferred, or used outside the boundaries of the Hualapai Reservation or Hualapai trust land, other than under an exchange. ###

(g)Groundwater Transportation ####

(1)Fee land Groundwater may be transported in accordance with State law away from Hualapai fee land and away from land acquired in fee by the Hualapai Tribe, including by a tribally owned corporation, after the Enforceability Date. ####

(2)Land added to hualapai reservation Groundwater may be transported in accordance with State law away from land added to the Hualapai Reservation by sections 11 and 12 to other land within the Hualapai Reservation.