Page:United States Statutes at Large Volume 102 Part 4.djvu/1031

 PUBLIC LAW 100-675—NOV. 17, 1988

102 STAT. 4001

continue to be an important source of supply to those communities. (3) The inadequacy of the San Luis Rey River to supply the needs of both the Bands and the local entities has given rise to litigation to determine the rights of various parties to water from the San Luis Rey River. (4) The pendency of the litigation has— (A) severely impaired the Bands' efforts to achieve economic development on their respective reservations, (B) contributed to the continuation of high rates of unemployment among the members of the Bands, (C) increased the extent to which the Bands are financially dependent on the Federal Government, and (D) impeded the Bands and the local entities from taking effective action to develop and conserve scarce water resources and to preserve those resources for their highest and best uses. (5) In the absence of a negotiated settlement— (A) the litigation, which was initiated almost 20 years ago, is likely to continue for many years, (B) the economy of the region and the development of the reservations will continue to be adversely affected by the water rights dispute, and (C) the implementation of a plan for improved water management and conservation will continue to be delayed. (6) An agreement in principle has been reached under which a comprehensive settlement of the litigation would be achieved, the Bands' claims would be fairly and justly resolved, the Federal Government's trust responsibility to the Bands would be fulfilled, and the local entities and the Bands would make fair and reasonable contributions. (7) The United States should contribute to the settlement by providing funding and delivery of water from a supplemental source. Water developed through conjunctive use of groundwater on public lands in southern California or water to be reclaimed from lining the previously unlined portions of the All American Caned can provide an appropriate supplemental water source. (h) PURPOSE.—It is the purpose of this title to provide for the settlement of the reserved water rights claims of the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians in San Diego County, California, in a fair and just manner which— (1) provides the Bands with a reliable water supply sufficient to meet their present and future needs; (2) promotes conservation and the wise use of scarce water resources in the upper San Luis Rey River System; (3) establishes the basis for a mutually beneficial, lasting, and cooperative partnership among the Bands and the local entities to replace the adversary relationships that have existed for several decades; and (4) fosters the development of an independent economic base for the Bands. SEC. 104. SETTLEMENT OF WATER RIGHTS DISPUTE.

Sections 106 and 109 of this Act shall take effect only when— (1) the United States; the City of Escondido, California; the Escondido Mutual Water Company; the Vista Irrigation Dis-

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