Tag: Hualapai Tribe

ADWR Director to provide congressional testimony on Wednesday on behalf of tribal settlement

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Arizona Department of Water Resources Director Tom Buschatzke on Wednesday will express Arizona’s strong support for an important tribal settlement before a subcommittee of the House Natural Resources Committee.

Director Buschatzke is scheduled to testify before the House Committee on Natural Resources’ Subcommittee on Water, Oceans, and Wildlife on H.R. 2459, the Hualapai Tribe Water Rights Settlement Act of 2019.

The federal legislation approves a settlement agreement involving the tribe and state parties that includes providing the tribe with 4,000 acre-feet per year of Central Arizona Project water from the Colorado River. The settlement also includes the planning, design and construction of the “Hualapai Water Project,” which includes a pipeline capable of delivering 3,414 acre-feet per year to the tribal reservation at Peach Springs and beyond to the tribe’s major tourist attractions at Grand Canyon West.

Approval by Congress would authorize an appropriation of $134.5 million for construction of the Project, $32 million for operation, maintenance and replacement costs by the Tribe, and $7 million for use by the Secretary of the Interior in operating the water project before title is conveyed to the Tribe. The funding also provides technical assistance to prepare the Tribe for the operation of the Project.

For the Hualapai Tribe, the settlement provides a renewable water supply and the infrastructure to convey that water supply from the Colorado River to critical areas on the Tribe’s reservation.

“The State of Arizona strongly supports this legislation,” said Director Buschatzke.

“Half of the 22 federally recognized Indian tribes in Arizona still have unresolved water rights claims. Resolving these claims through settlement is a priority for the State.”

This appearance is the second time this year that Director Buschatzke has testified before the House Subcommittee on Water, Oceans, and Wildlife. On March 28, he joined other representatives of the Colorado River Basin States, as well as Bureau of Reclamation Commissioner Brenda Burman, speaking on behalf the successful effort to pass the Colorado River Drought Contingency Plan.

The Director also testified on Capitol Hill in support of the Hualapai Tribe water-rights settlement on December 6, 2017.

https://naturalresources.house.gov/hearings/legislative-hearing-on-hr-644-hr-2459-and-hr-3292

Who: ADWR Director Tom Buschatzke

What: Testimony on behalf of H.R. 2459, sponsored by Rep. Tom O’Halleran of Arizona

Where: Before the Subcommittee on Water, Oceans, and Wildlife of the House Natural Resources Committee

When: 2 p.m. (EDT); 11 a.m. (MST)

ADWR Director to U.S. Senate: Tribal water settlement is a “strategic priority” for AZ

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ADWR Director at Senate Indian Affairs

 Photo courtesy of U.S. Senate Committee on Indian Affairs

Arizona Department of Water Resources Director Tom Buschatzke on Wednesday told a panel of U.S. senators that an agreement to settle a tribal water-rights claim in northwestern Arizona constitutes a rare resolution that creates positive outcomes for all involved.

In both written and oral testimony, Buschatzke expressed Arizona’s strong support of S. 1770 – the Hualapai Tribe Water Rights Settlement Act of 2017, sponsored by Sens. Jeff Flake and John McCain – to the Senate Committee on Indian Affairs.

In his opening statement, Buschatzke called the agreement “a great step forward.”

He told the panel that the State of Arizona is strongly supportive of S. 1770, which formalizes an agreement reached in 2016 between the Tribe, the State of Arizona and several other major Arizona water users.

The United States participated in the negotiations through a team appointed by the Secretary of the Interior.

The agreement provides 4,000 acre-feet of Colorado River water annually to the Hualapai Tribe. As sponsor, Sen. Flake welcomed Director Buschatzke to the hearing.

In written testimony, Buschatzke told the senators that it represents a major step forward in providing water-certainty to all water users throughout Arizona.

“Half of the 22 federally recognized Indian tribes in Arizona still have unresolved water rights claims,” wrote Buschatzke.

“Resolving these claims through settlement is a strategic priority for the State, not only because it will avoid the cost and uncertainty of litigating the claims, but it will provide certainty to all water users in the state regarding available water supplies in the most expeditious manner possible,” he said.

The United States also will benefit from the reduced risk of costs associated with litigating the Tribe’s water-rights claims, Buschatzke noted.

Director Buschatzke observed that the agreement constitutes an economic opportunity for the Tribe, whose lands enjoy “breathtaking views of the west rim of the Grand Canyon.”

The Tribe operates the famous “Skywalk” tourist attraction at the western edge of the canyon, which attracts an estimated one million visitors annually. The Tribe has announced plans to expand that attraction.

By providing the Tribe with a renewable source of water from the Colorado River, the agreement is consistent with State policy of conserving groundwater supplies for times of drought, the Director wrote.

“Because the aquifer beneath the Tribe’s reservation extends to areas off the reservation, the Tribe’s use of a renewable water supply will help preserve groundwater supplies not just for the Tribe, but for non-tribal water users in the region,” said Buschatzke.

In his written testimony, the Water Resources Director broke down the financial responsibilities that each of the parties agreed to shoulder in 2016.

Those investments included a congressional appropriation of $134.5 million to build a pipeline to deliver the Colorado River water to Peach Springs and to the Tribe’s Grand Canyon West development. In addition, S. 1770 would authorize annual operation, maintenance and replacement costs of $32 million, as well as other federal expenditures.

Under questioning from Sen. Flake during the hearing, Buschatzke assured the committee that the infrastructure and water would “go exclusively to the Hualapai.”

Non-federal contributions to the agreement “are significant,” said Buschatzke.

The State of Arizona agreed to “firm” 557.5 acre-feet of the 4,000 acre-foot annual allocation to the Tribe, at a cost of $3.2 million to Arizona.

“The financial benefits that the United States will receive through the settlement will greatly exceed the costs that the United States will incur in constructing a pipeline to bring water from the Colorado River to the Tribe’s reservation,” Buschatzke wrote to the Senate panel.

Flake, McCain legislation would formalize a tribal-water settlement agreement six years in the making

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US-Senate-Committee-on-Indian-Affairs

Arizona Department of Water Resources Director Tom Buschatzke will testify before a Senate Committee on Wednesday in support of a breakthrough agreement settling the Hualapai Tribe’s claim to water rights on the Colorado River as well as other water sources in Arizona.

The agreement is the result of long, complex negotiations that began in 2011.

Buschatzke is one of just five witnesses scheduled to testify on Wednesday before the U.S. Senate Committee on Indian Affairs.

Pending congressional approval of the deal, the Hualapai Tribe will become the 12th of Arizona’s 22 federally recognized Indian tribes to fully resolve its water-rights claims.

According to the terms of the  settlement, the Tribe would receive an annual allocation of 4,000 acre-feet of Colorado River water. The allocation will come from a volume of Colorado River water delivered by the Central Arizona Project that is designated for future Indian water rights settlements in the Arizona Water Settlements Act of 2004.

In addition, the agreement calls for the U.S. Bureau of Reclamation to plan, design and build a pipeline capable of delivering no less than 3,414 acre-feet per year from Diamond Creek on the Colorado River to the Tribe at Peach Springs, as well as to its Grand Canyon West tourist attraction. The legislation authorizes an appropriation of $134.5 million for construction of the pipeline, as well as additional funding for operating expenses.

Director Buschatzke is expected to affirm Arizona’s strong support for the settlement agreement, which constitutes a major step toward resolving the outstanding water-rights claims of Indian tribes throughout the State. The agreement also will provide the Tribe with a renewable source of water that will replace its current groundwater pumping.

The Senate Committee on Indian Affairs hearing is scheduled to begin at 12:30 pm (MST). The legislation, S. 1770, is sponsored by Arizona Sens. Jeff Flake and John McCain. The Hualapai Tribe Water Rights Settlement Act of 2017, as it is known, is one of three items on the Committee’s Wednesday agenda.

Live video of the hearing, as well as written witness testimony,  can be found on the Committee’s website here.