Reaffirmation of Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004, 73876 [E7-25290]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Page 73876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25290]



[[Page 73876]]

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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Reaffirmation of Statement of Findings: Southern Arizona Water 
Rights Settlement Amendments Act of 2004

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of Statement of Findings in accordance with Title III of 
Public Law 108-451, and enactment of H.R. 3739 (Public Law Number 
forthcoming).

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SUMMARY: The Secretary of the Interior (Secretary) is publishing this 
notice in accordance with section 302(b) of the Southern Arizona Water 
Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), 
Public Law 108-451, 118 Stat. 3536, 3571-72, and H.R. 3739 (Public Law 
Number forthcoming). Congress enacted the Settlement Amendments Act as 
Title III of the Arizona Water Settlements Act (AWSA), Public Law 108-
451, 118 Stat. 3478 et seq. The publication of this notice causes the 
amendments to the Southern Arizona Water Rights Settlement Act of 1982 
(1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the 
Settlement Amendments Act to take effect.

DATES: In accordance with section 302(b) of the Settlement Amendments 
Act, Title III of Public Law 108-451 and the amendments made by Title 
III are effective on December 14, 2007.

FOR FURTHER INFORMATION CONTACT: Address all comments and requests for 
additional information to Deborah Saint, Chair, Arizona Water 
Settlements Implementation Team, Department of the Interior, Bureau of 
Reclamation, Lower Colorado Region, Native American Affairs Office, 400 
N 5th Street, Suite 1470, Phoenix, AZ 85004. (602) 379-3199.

SUPPLEMENTARY INFORMATION: The 1982 Act was enacted to resolve the 
water right claims of the San Xavier and Shuk Toak Districts of the 
Tohono O'odham Nation (Nation). Disagreement about the allocation of 
settlement benefits precluded implementation of the 1982 Act. On 
December 10, 2004, the Settlement Amendments Act was enacted as Title 
III of AWSA in order to resolve issues which precluded implementation 
of the 1982 Act.
    The purposes of the Settlement Amendments Act are:
    (1) To authorize, ratify, and confirm the Tohono O'odham settlement 
agreement, the Tucson agreement, the Asarco agreement and related 
leases, and the FICO agreement;
    (2) To authorize and direct the Secretary to execute and perform 
all obligations of the Secretary under those agreements; and
    (3) To authorize the actions and appropriations necessary for the 
United States to meet its obligations under those agreements and the 
Settlement Amendments Act. In order for the Settlement Amendments Act 
and its amendments to be effective and enforceable, the Secretary is 
required to make a statement of findings that certain conditions have 
been met. The Secretary signed such a Statement of Findings on December 
10, 2007, and such findings were published in the Federal Register on 
December 14, 2007 (72 FR 71145, Dec. 14, 2007). Subsequent to the 
Secretary's signing of the Statement of Findings, Congress passed H.R. 
3739 (Public Law Number forthcoming), which was signed into law by the 
President on December 21, 2007. This Federal Register Notice reaffirms 
the Statement of Findings in light of the enactment of H.R. 3739 and 
includes a technical correction in light of an inadvertent 
typographical error.

Statement of Findings

    In accordance with section 302(b) of the Settlement Amendments Act, 
I find as follows:
    1. The Tohono O'odham settlement agreement has been revised to 
eliminate any conflicts with the Settlement Amendments Act and, as so 
revised, has been executed by the parties and the Secretary.
    2. The Secretary and other parties to the Tucson agreement, the 
Asarco agreement and the FICO agreement described in section 309(h)(2) 
Settlement Amendments Act (as contained in the amendment made by 
section 301) have executed those agreements.
    3. The Secretary has approved the interim allottee water rights 
code described in section 308(b)(3)(A) of the Settlement Amendments Act 
(as contained in the amendment made by section 301).
    4. Final dismissal with prejudice has been entered in the Alvarez 
case and the Tucson case on the sole condition that this Statement of 
Findings be published.
    5. The State court having jurisdiction over the Gila River 
Adjudication proceedings has approved the judgment and decree attached 
to the Tohono O'odham settlement agreement as exhibit 17.1.\1\
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    \1\ Substantive modification to correspond to the provisions of 
H.R. 3739, signed into law by the President on December 21, 2007 
(Public Law No. forthcoming, ----Stat.----(2007)).
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    6. Implementation costs totaling $24,068,400, as specified in 
section 302(b)(6) of the Settlement Amendments Act, have been 
identified and retained in the Lower Colorado River Basin Development 
Fund.
    7. The State of Arizona has enacted legislation that qualifies the 
Nation to earn long-term storage credits under the Asarco agreement; 
implements the San Xavier groundwater protection program in accordance 
with paragraph 8.8 of the Tohono O'odham settlement agreement; enables 
the State to assist the Secretary in firming Central Arizona Project 
water pursuant to section 306(b); and confirms the jurisdiction of the 
State court having jurisdiction over Gila River Adjudication 
proceedings and decrees to carry out the provisions of sections 312(d) 
and 312(h) of the Settlement Amendments Act (as contained in the 
amendment made by section 301).
    8. The Secretary and the State of Arizona have agreed to an 
acceptable schedule as referred to in section 105(b)(2)(C) of AWSA.\2\
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    \2\ Technical correction in light of an inadvertent 
typographical error. The reference to ``15,000 acre-feet'' 
incorrectly referenced the firming obligation for the benefit of the 
Gila River Indian Community found at section 105(b)(2)(A) of AWSA.
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    9. Final judgment has been entered in Central Arizona Water 
Conservation District v. United States (No. CIV 95-625-TUC-WDB (EHC), 
No. CIV 95-1720-PHX-EHC) (Consolidated Action) in accordance with the 
repayment stipulation in that case.

    Dated: December 21, 2007.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. E7-25290 Filed 12-27-07; 8:45 am]
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