[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-158]
[[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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