Alternative Title

Tohono O'odham Water Rights Settlement


Tohono O'odham Nation of Arizona


Tohono O'odham Water Rights Settlement


Tohono O'odham Indian Reservation


Tohono O'odham Indian Reservation




Lower Colorado Region

Hydrologic Unit Code (HUC)

Lower Colorado


In Re General Adjudication of the Gila River System and Source, Maricopa County Superior Court, W-1, W-2, W-3 and W-4 (Consolidated)

Document Type

Settlement agreement


United States

Publication Date



Settlement Agreement: Tohono O'odham Settlement (Apr. 30, 2003). Parties: Tohono O'odham Nation, AZ, US, Tucson, Asarco Inc., Farmers Investment Co., two allottee classes. The Settlement Agreement has been revised to eliminate any conflicts with PL 108-451. The parties are a part of the Gila River adjudication. The Nation has a water right of 79,200 acre-feet per year, sourced in ground and surface water. This water may be put to any use. The Nation may use the water off-reservation according to the attached contracts or pursuant to state law, but the uses must remain within the state. Provisions are made for water short years including distribution as among Tribes. The US shall design and construct the necessary delivery and distribution system. The US shall construct a new farm at San Xavier Reservation or pay the San Xavier District $18.3M, as San Xavier District Council elects. Funds will come from the Lower CO River Basin Development Fund. Provisions are made for groundwater pumping. The Nation may establish and maintain on or more Direct Storage Recovery Projects. Provisions are made for the allocation and transfer of storage credits. The parties agree to support a state groundwater protection program. The US shall establish groundwater management plans for the San Xavier Reservation and the eastern Schuk Toak District. The Nation will enact an Allottee water rights code and a comprehensive water code. The Nation agrees to limited leasing of water. The Nation, US and Allottees entered into 3 agreements with City of Tucson, Asarco and FICO which are attached to the settlement. The parties agree to seek approval for the agreement of the adjudication court. The first exhibit is a Chronology of Southern Arizona Water Rights Litigation and Settlement Events. [Source:]


Settlement Agreement: 55 pages of agreement: total 257 pages..

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