“whatever particular sources each reservation had at hand” ‘”

1. GROUND WATER RIGHTSAND THE ARIZONA WATER SETTLEMENT ACT 2004Rosalind Bark, Ph.D.Native American Rights Fund and Western States Water Council11th Symposium on the Settlement of Indian Reserved Water Rights ClaimsFerndale, WashingtonAugust 24-26, 2009

2. “whatever particular sources each reservation had at hand”‘” - 24%- max. 29% in build- out

3. GRIC Settlement Parties

4. Near Reservation AMA+ • Florence and Coolidge no new wells in zone • Arizona Water Co. strict limits new wells in zone • Southside Replenishment District • RWCD limit pumping to 8,000 afy • MSIDD in 1996 agreement limit pumping to 23,000 -30,000 afy s.t. cost/availability CAP Excess

5. Southside M&I Groundwater Protection Zone • Replenishment • f) measured groundwater use • if exceed set limits in Eastern and Western zones in situ • state or individual responsibility

6. Gila River Maintenance Area and Impact Zone • New INA • water budgets for BHP Copper, AWC, Phelps Dodge +, Winklemann, Safford, Duncan, Mammoth and Kearny • Safe Harbors in San Pedro Impact Zones • new lg industrial use within 3 mi up to 250 afy for total 1,000 afy • M&I and domestic: highest use in period 1997-2001. • domestic within ¼ mi 2 afy max limit total 1,000 afy • Cochise M&I and domestic only

7. 2003 Aquifer Water Level Elevations and Underflow Conditions 19.5 MAF storage to depth of 1,000 ft

8. Current Land- and Groundwater Use - Average last 20 years: 80,000-120,000 afy

9. Future Concerns: Overdrafting and Subsidence? • “Safe-yield” 128,900 afy • Budget 156,700 afy 2.2 MAF lost to system between 1900 and 2003

10. Future Concern: Water Quality?

11. Tohono O’odham Nation • Total water budget 72,000 afy • Of which, 18% or 13,200 afy, is ground water • Of which, 10,000 afy San Xavier Reservation & 3,200 afy eastern Schuk Toak District • Buffer zone non-exempt wells within 2 mi of boundary must pass an analysis and be approved • Caps on FICO pumping • Up to 10,000 afy CAP-groundwater exchange with Asarco Mission Complex • Underground Storage and Recovery Projects and creation of storagecredits [Title III, Sec 308(e)-(f) s.t. limits e.g. San Xavier District 50,000 af over 10 year period or 10,000 af max in one year. Can sell credits off-Reservation anywhere in state [Sec 309(b)]

12. Implications • Future settlements • Ground water is an important water source in semi-arid AZ • Bridge source • New regulatory zones: to ensure on-Reservation ground water rights the ground water rights of off-Reservation pumpers will be restricted • kept “whole”: replenishment provided by state (mostly) • AZ-wide ground water management • Watershed management = AMA + non-AMA • Buffer zones  municipal providers’ wells • Strict measurement and replenishment based on pumpig • In situ replenishment  local area management • Indian firming program  brought forward priority question of CAP Excess uses

13. References • Pub L 108-451 • ADWR (2006). Technical Assessment of the Gila River Indian Community Water Rights Settlement. In re The General Adjudication of the Gila River System and Source. Arizona Department of Water Resources, August 23, 2006. http://www.azwater.gov/dwr/Content/Hot_Topics/AZ_Water_Settlements/GRIC_files/Technical_Assessment_GRIC_Water_Rights_Settlement_2006.pdf