[Federal Register: December 19, 2006 (Volume 71, Number 243)]
[Notices]
[Page 75981-75982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de06-81]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Statement of Findings: Zuni Indian Tribe Water Rights Settlement
Act of 2003
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of Statement of Findings in accordance with Public Law
108-34.
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SUMMARY: The Secretary of the Interior is causing this notice to be
published as required by section 9 of the Zuni Indian Tribe Water
Rights Settlement Act of 2003 (Settlement Act), Public Law 108-34, 117
Stat. 782-98. The publication of this notice causes the waiver and
release of certain claims to become effective as required to implement
the Settlement.
DATES: In accordance with section 9 of the Settlement Act, the waiver
and release of claims described in section 7(b) and 7(c) of the
Settlement Act are effective on December 19, 2006.
Contact: Address all comments and requests for additional
information to Christopher Banet, Chair, Zuni Indian Tribe Water Rights
Settlement Federal Implementation Team, Department of the Interior,
Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School
Road, NW., Albuquerque, NM 87104. (505) 563-3540.
SUPPLEMENTARY INFORMATION: In 1984, the United States established a
reservation for the Zuni Indian Tribe (Tribe) in northern Arizona, the
Zuni Heaven Reservation, for longstanding religious and sustenance
activities. On June 7, 2002, the Tribe and other parties entered into
the Zuni Indian Tribe Water Rights Settlement Agreement (Settlement
Agreement), a negotiated settlement of the water rights for the Zuni
Heaven Reservation in the General Adjudication of All Rights to Use
Water in the Little Colorado River System and Source. The Settlement
Agreement resolves all of the Tribe's water rights claims in the
Arizona portion of the Little Colorado River Basin, assists the Tribe
in acquiring surface water rights therein, provides for the Tribe's use
of groundwater therefrom and provides for wetland restoration of a
portion of the Tribe's Arizona lands.
The purposes of the Settlement Act are:
(1) To approve, ratify, and confirm the Settlement Agreement
entered into by the Tribe and the neighboring non-Indians;
(2) To authorize and direct the Secretary to execute and perform
the Settlement Agreement and related waivers;
(3) To authorize and direct the United States to take legal title
and hold such title to certain lands in trust for the benefit of the
Zuni Indian Tribe; and
(4) To authorize the actions, agreements, and appropriations as
provided for in the Settlement Agreement and the Settlement Act.
In order for terms of the Settlement Act and Settlement Agreement
to be effective, the Secretary is required to make a statement of
findings that certain conditions have been met.
Statement of Findings
As required by section 9 of the Settlement Act and as required by
section 3.1.L of the Settlement Agreement, I find as follows:
1. The Settlement Act has been enacted in a form approved by the
parties in paragraph 3.1 of the Settlement Agreement.
2. The funds authorized by section 4(b) of the Settlement Act have
been appropriated by the United States and deposited into the Zuni
Indian Tribe Water Rights Development Fund (Fund), established under
section 6 of the Settlement Act.
3. The State of Arizona has appropriated and deposited into the
Fund the amount required by paragraph 7.6 of the Settlement Agreement.
4. The Tribe has waived the condition, as provided in paragraph 3.2
of the Settlement Agreement, that it purchase or acquire the rights to
purchase 2,350 acre-feet per annum of surface water rights.
5. The Tribe has waived the condition, as provided in paragraph 3.2
of the Settlement Agreement, that it acquire conditional approval for
severance and transfer of surface water rights that the Tribe owns or
has the right to purchase.
6. Pursuant to subparagraph 3.1.E of the Settlement Agreement, the
Tribe and the Lyman Water Company have executed two separate agreements
relating to the process of severance and transfer of surface water
rights acquired by the Tribe or the United States and relating to the
pass-through, use, and storage of the Tribe's surface water rights in
Lyman Lake and the operation of Lyman Dam. The United States and the
Arizona Game and Fish Commission were also signatories to the severance
and transfer agreement, and both agreements were made in consultation
with the City of St. Johns, Arizona and St. Johns Irrigation Company.
The Lyman Water Company did not find it necessary to amend any
operating procedures or by-laws in furtherance of these agreements.
[[Page 75982]]
7. Pursuant to subparagraph 3.1.F of the Settlement Agreement, all
parties to the Settlement Agreement have agreed and stipulated to
certain Arizona Game and Fish Commission abstracts of water uses.
8. Pursuant to subparagraph 3.1.G of the Settlement Agreement, all
parties to the Settlement Agreement have agreed to the location of an
observation well and that well has been installed.
9. Pursuant to subparagraph 3.1.H of the Settlement Agreement, the
Tribe, Apache County, Arizona and the State of Arizona have executed an
Intergovernmental Agreement that satisfies all of the conditions in
paragraph 6.2 of the Settlement Agreement.
10. The Tribe has acquired title to the section of land adjacent to
Zuni Heaven Reservation described as Section 34, Township 14 North,
Range 26 East, Gila and Salt River Base and Meridian.
11. The Settlement Agreement was modified to the extent that it was
in conflict with the Settlement Act and the modification has been
agreed to by all the parties to the Settlement Agreement.
12. A court of competent jurisdiction has approved the Settlement
Agreement by a final judgment and decree.
As authorized by section 4(a) of the Act, I find as follows:
1. Pursuant to subparagraph 3.1.J of the Settlement Agreement, the
Settlement Agreement, as amended, and all exhibits requiring signatures
have been executed.
As required by paragraph 6.2.B of the Settlement Agreement, I
hereby certify to the Governor of the State of Arizona that all of the
conditions precedent in paragraph 6.2 have been satisfied.
Dated: December 8, 2006.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. 06-9756 Filed 12-18-06; 8:45 am]
BILLING CODE 4310-W7-M