Page:United States Statutes at Large Volume 92 Part 1.djvu/465

 PUBLIC LAW 95-328—JULY 28, 1978

92 STAT. 411

SEC. 3. In addition, and as a part of the contract referred to in section 2(b) of this Act, the Secretary shall provide for, commencing as soon as possible, but in no event later than the expiration of the twenty-five-year period following the date of the enactment of this Act, the permanent delivery, on an annual basis, to the lands comprising the Ak-Chin Indian Reservation, of eighty-five thousand acrefeet of water suitable for irrigation on the reservation. SEC. 4. (a) As consideration on the part of the Ak-Chin Indian Waivers. community for entering into any contract or agreement pursuant to section 2(b), the Ak-Chin Indian community shall agree to waive, in a manner satisfactory to the Secretary, any and all claims of water rights or injuries to water rights of the Ak-Chin Indian community, including both ground water and surface water from time immemorial to the present, which it might have against the United States, the State of Arizona or agency thereof, or any other person, corporation, or municipal corporation, arising under the laws of the United States or the State of Arizona. (b) As further consideration on the part of the Ak-Chin Indian community for entering into any contract or other agreement pursuant to section 2(b), the Ak-Chin Indian community shall agree to waive any and all claims of water rights or injuries to water rights, including both ground water and surface water, arising under the laws of the United States or the State of Arizona, which it might have in the future against any person, corporation, municipal corporation, or the State of Arizona or agency thereof. (c) Notwithstanding the provisions of subsections (a) and (b) of this section, the community will not thereby waive any claims against the United States for breach, if any, of the contract referred to in section 2(b) of this Act. A failure to deliver water within the times Breach of specified in either section 2(b) or 3 shall be deemed a breach of the contract. contract. The measure of damages for any such breach shall be the Damages replacement cost of water not delivered by the United States. SEC. 5. There are authorized to be appropriated for the fiscal year Appropriation ending September 30, 1979, the sum of $500,000, and the aggregate authorization. sum of $42,500,000 to be appropriated prior to the fiscal year ending September 30, 1983, for carrying out the purposes of section 2 of this Act. Notwithstanding any other provisions of this Act, no authorization to make payments under this Act, or to enter into contracts, shall be effective except to such extent or in such amounts as are provided in advance in appropriations Acts. Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-954 accompanying H.R. 8099 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-460 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 11, considered and passed Senate. Vol. 124 (1978): May 2, H.R. 8099 considered and failed of passage in House. June 29, H.R. 8099 considered and passed House; proceedings vacated and S. 1582, amended, passed in lieu. July 13, Senate concurred in House amendment.

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