On the recordSeptember 26, 1996
The chairman pledged in his letter to meet with Mayor Bavasi within the next few weeks to develop a mechanism whereby the city's interests can be accommodated, and I take the chairman at his word that the tribe will not adversely affect the city's interest. It is based on the chairman's assurances that I am not seeking additional language in the bill at this time. I am sending letters to both the chairman and the mayor encouraging them to meet expeditiously on the matter and come to resolution, and I will look forward to early progress reports from them. Mr. President, let me address for a moment specific language in the bill. Subsection 12(a)(1)(A) permits the reasonable use of groundwater pumped on newly acquired trust lands; provisions in section 12(h) of the bill make it clear, however, that this should not be construed as establishing a Federal reserved right to ground water. Another provision allows the Hopi to maintain all rights to the use of surface water on such lands that exist under State law on the date of acquisition, and it allows the tribe to make any further beneficial use, on newly acquired trust lands, of surface water which is unappropriated on the date that each parcel of newly acquired trust lands is taken into trust. These rights are constrained.…
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