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Arizona Water Settlements Act

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Arizona Water Settlements Act S. HRG. 108–216 ARIZONA WATER SETTLEMENTS ACT JOINT HEARING BEFORE THE SUBCOMMITTEE ON WATER AND POWER OF THE COMMITTEE ON ENERGY AND NATURAL RESOURCES AND THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION ON S. 437 TO PROVIDE FOR ADJUSTMENTS TO THE CENTRAL ARIZONA PROJECT IN ARIZONA, TO AUTHORIZE THE GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT, TO AUTHORIZE AND AMEND THE SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT ACT OF 1982, AND FOR OTHER PURPOSES SEPTEMBER 30, 2003 ( Printed for the use of the Committee on Energy and Natural Resources and the Committee on Indian Affairs U.S. GOVERNMENT PRINTING OFFICE 90–840 PDF WASHINGTON : 2003 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 11:09 Dec 16, 2003 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 J:\DOCS\90-840 SENERGY3 PsN: SENE3 COMMITTEE ON ENERGY AND NATURAL RESOURCES PETE V. DOMENICI, New Mexico, Chairman DON NICKLES, Oklahoma JEFF BINGAMAN, New Mexico LARRY E. CRAIG, Idaho DANIEL K. AKAKA, Hawaii BEN NIGHTHORSE CAMPBELL, Colorado BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming BOB GRAHAM, Florida LAMAR ALEXANDER, Tennessee RON WYDEN, Oregon LISA MURKOWSKI, Alaska TIM JOHNSON, South Dakota JAMES M. TALENT, Missouri MARY L. LANDRIEU, Louisiana CONRAD BURNS, Montana EVAN BAYH, Indiana GORDON SMITH, Oregon DIANNE FEINSTEIN, California JIM BUNNING, Kentucky CHARLES E. SCHUMER, New York JON KYL, Arizona MARIA CANTWELL, Washington ALEX FLINT, Staff Director JUDITH K. PENSABENE, Chief Counsel ROBERT M. SIMON, Democratic Staff Director SAM E. FOWLER, Democratic Chief Counsel SUBCOMMITTEE ON WATER AND POWER LISA MURKOWSKI, Alaska, Chairman BEN NIGHTHORSE CAMPBELL, Colorado, Vice Chairman GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota JON KYL, Arizona BOB GRAHAM, Florida LARRY E. CRAIG, Idaho RON WYDEN, Oregon JAMES M. TALENT, Missouri TIM JOHNSON, South Dakota JIM BUNNING, Kentucky DIANNE FEINSTEIN, California CRAIG THOMAS, Wyoming CHARLES E. SCHUMER, New York MARIA CANTWELL, Washington PETE V. DOMENICI and JEFF BINGAMAN are Ex Officio Members of the Subcommittee SHELLY RANDEL, Counsel MIKE CONNOR, Democratic Counsel COMMITTEE ON INDIAN AFFAIRS BEN NIGHTHORSE CAMPBELL, Colorado, Chairman DANIEL K. INOUYE, Hawaii, Vice Chairman JOHN McCAIN, Arizona, KENT CONRAD, North Dakota PETE V. DOMENICI, New Mexico HARRY REID, Nevada CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota GORDON SMITH, Oregon MARIA CANTWELL, Washington LISA MURKOWSKI, Alaska PAUL MOOREHEAD, Majority Staff Director/Chief Counsel PATRICIA M. ZELL, Minority Staff Director/Chief Counsel (II) VerDate 0ct 09 2002 11:09 Dec 16, 2003 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 J:\DOCS\90-840 SENERGY3 PsN: SENE3 C O N T E N T S STATEMENTS Page Akaka, Hon. Daniel K., U.S. Senator from Hawaii .............................................. 7 Bingaman, Hon. Jeff, U.S. Senator from New Mexico .......................................... 6 Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado ............................ 2 D’Antonio, John, New Mexico State Engineer, Santa Fe, NM ............................ 60 Domenici, Hon. Pete V., U.S. Senator from New Mexico ..................................... 67 Guenther, Herbert R., Director, Arizona Department of Water Resources, Phoenix, AZ .......................................................................................................... 52 Inouye, Hon. Daniel K., U.S. Senator from Hawaii .............................................. 3 Juan-Saunders, Vivian, Chairwoman, Tohono O’odham Nation, Sells, AZ ........ 32 Kitcheyan, Kathleen W., Chairwoman, San Carlos Apache Tribe, San Carlos, AZ .......................................................................................................................... 41 Kyl, Hon. Jon, U.S. Senator from Arizona ............................................................ 3 McCain, Hon. John, U.S. Senator from Arizona ................................................... 2 Murkowski, Hon. Lisa, U.S. Senator from Alaska ................................................ 1 Napolitano, Hon. Janet, Governor, State of Arizona ............................................ 53 Narcia, Richard P., Governor, Gila River Indian Community, Sacaton, AZ ....... 23 Raley, Bennett W., Assistant Secretary, Water and Science, Department of the Interior, accompanied by Aurene Martin, Acting Assistant Secretary for Indian Affairs .................................................................................................. 8 Shirley, Joe, Jr., President, Navajo Nation, Window Rock, AZ, accompanied by Stanley Pollack, Attorney ............................................................................... 29 APPENDIXES APPENDIX I Responses to additional questions .......................................................................... 69 APPENDIX II Additional material submitted for the record ........................................................ 81 (III) VerDate 0ct 09 2002 11:09 Dec 16, 2003 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 J:\DOCS\90-840 SENERGY3 PsN: SENE3 VerDate 0ct 09 2002 11:09 Dec 16, 2003 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 J:\DOCS\90-840 SENERGY3 PsN: SENE3 ARIZONA WATER SETTLEMENTS ACT TUESDAY, SEPTEMBER 30, 2003 U.S. SENATE, SUBCOMMITTEE ON WATER AND POWER OF THE COMMITTEE ON ENERGY AND NATURAL RESOURCES, AND THE COMMITTEE ON INDIAN AFFAIRS, Washington, D.C. The subcommittee and committee met, pursuant to notice, at 10 a.m. in room SD–366, Dirksen Senate Office Building, Hon. Lisa Murkowski presiding. OPENING STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR FROM ALASKA Senator MURKOWSKI. Good morning. I call to order the Sub- committee on Water and Power. Good morning to all of you. I would like to take this opportunity to welcome all the parties to this morning’s joint hearing before the Water and Power Sub- committee and the Indian Affairs Committee. I would like to ex- press my appreciation to you, Senator Campbell, for agreeing to work together on this legislation and to extend a special welcome to Senator Inouye. The legislation before us today is quite monumental. What began roughly over a decade ago is of significant importance to two States, numerous tribes, several communities, and many, many in- dividuals. It is my understanding that upon enactment and imple- mentation, settlement of the Gila River Indian Community’s claims would be one of the largest Indian water rights settlements ever undertaken. So I commend everyone for all of the efforts that have gone into the settlement thus far. Now, while this hearing represents a significant step forward, I also know that not all concerns have been addressed and some de- gree of compromise on a variety of issues still lies ahead. Therefore, I look forward to hearing from all of our witnesses today. At this time I would like to invite other Senators to make open- ing statements. I do understand that there are several of you that have conflicting commitments. Appropriations is meeting at this same time. Senator Kyl, as the sponsor of S. 437, we would antici- pate your statement, but as a courtesy to both Senator Campbell and Senator Inouye, who do have to go to another committee, I would like to invite you to make your statements at this time, and then we will recognize those other Senators as they have arrived. Senator Campbell. [The prepared statements of Senators Murkowski and McCain follow:] (1) VerDate 0ct 09 2002 11:09 Dec 16, 2003 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 J:\DOCS\90-840 SENERGY3 PsN: SENE3 2 PREPARED STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR FROM ALASKA I would like to take this opportunity to welcome all the parties to this mornings joint hearing before the Water and Power Subcommittee and the Indian Affairs Committee. I would like to express my appreciation to Senator Campbell for agree- ing to work together on this legislation and to extend a special welcome to Senator Inouye. The legislation before us today is quite monumental. What began roughly over a decade ago is of significant importance to two states, numerous Tribes, several com- munities, and many, many individuals. It is my understanding that upon enactment and implementation, settlement of the Gila River Indian Community’s claims would be one of the largest Indian water rights settlement ever undertaken. I commend everyone for all of the efforts that have gone into this settlement thus far. While this hearing represents a significant step forward, I also know that not all concerns have been addressed and some degree of compromise on a variety of issues still lies ahead. Therefore, I look forward to hearing from all of our witnesses here today. PREPARED STATEMENT OF HON. JOHN MCCAIN, U.S. SENATOR FROM ARIZONA I want to thank the Chairmen of the Indian Affairs and Energy and Natural Re- sources Committees for holding this hearing on the Arizona Water Settlements Act of 2003, a bill of great significance to the future of Arizona and its citizens. I also want to commend my colleague, Senator Kyl, for all the effort that he has expended to bring this complex legislation to this point in the process. The legislation would ratify negotiated settlements for Central Arizona Project (CAP) water allocations to municipalities,
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