Page:United States Statutes at Large Volume 106 Part 3.djvu/443

 PUBLIC LAW 102-441 —OCT. 23, 1992 106 STAT. 2237 Public Law 102-441 102d Congress An Act Relating to the settlement of the water rights claims of the Jicarilla Apache Tribe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Jicarilla Apache Tribe Water Rights Settlement Act". SEC. 2. FINDINGS. Congress hereby finds and declares that— (1) the Jicarilla Apache Tribe has multiple claims against the State of New Mexico, the United States, and other parties, related to water rights for its reservation in northern New Mexico and based on the alleged infringement of those rights; (2) Federal water resource projects have diverted water upstream from the Jicarilla Apache Indian Reservation and have impounded water downstream from the reservation, but no provision has been made for substantial water resource development to benefit the reservation; (3) a full and final settlement of the water rights claims of the Jicarilla Apache Tribe will inure to the benefit of the Tribe, the State of New Mexico, and the United States; (4) this Act, together with a Settlement Contract between the Jicarilla Apache Tribe and the United States, is intended to provide for the full, fair and final resolution of the water right claims of the Tribe, and to secure to the Tribe a perpetual water supply for use on its reservation; (5) the Jicarilla Apache Tribe may use this water supply outside the boundaries of its reservation consistent with the terms of a Settlement Contract between the Tribe and the United States; and (6) the Secretary, in accordance with the requirements of section 11(a) of the Act of June 13, 1962 (76 Stat. 96, 99; Public Law 87-483), has determined by hydrologic investigations that sufilcient water to fulfill the Settlement Contract is reasonably likely to be available for use in the State of New Mexico under the allocations made in articles III and XTV of the Upper Colorado River Basin Compact and has transmitted such determination to Congress by letter dated February 2, 1989. SEC. 3. PURPOSE. It is the purpose of this Act to— (1) approve, ratify and incorporate by reference the Settlement Contract; and (2) to authorize the actions and appropriations necessary and appropriate for the United States to fulfill its obligations under such contract and this Act. Oct. 23, 1992 [H.R. 5122] Jicarilla Apache Tribe Water Rights Settlement Act.

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