APPENDIX VII: AGREEMENT WITH KAIBAB PAIUTE TRIBE
THIS AGREEMENT, made and entered into this 13th day of April 1972, between the Kaibab Band of Paiute Indians of the Kaibab Reservation, Arizona, organized pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended, hereinafter referred to as the "Tribe," and the United States National Park Service, hereinafter referred to as the "Service."
W I T N E S S E T H :
WHEREAS, the waters of Pipe Springs within the boundary of Pipe Springs National Monument are now being used by both of the parties hereto under previous agreement : and
WHEREAS, increased needs of both parties have been given consideration, and with the permission of the Tribe the Service has drilled a well on tribal lands two miles north of Pipe Springs National Monument; and
WHEREAS, it is deemed advisable to enter into an agreement for the use of the waters from Pipe Springs and from the well so drilled in a manner to meet the needs of both parties,
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter contained, and the performance thereof by the parties hereto, the parties do hereby mutually covenant and agree as follows:
l. It is mutually understood and agreed that this contract shall become effective on execution thereof and shall extend for a period of twenty-five years (25) and, at the option of the Tribe, may be extended for an additional period of twenty-five (25) years, upon giving notice to that effect to the other party to this agreement at least thirty (30) days prior to the date of such expiration.
2. The Service agrees to construct a water system which shall include a pump station, approved water treatment plant, an adequate water storage tank and a six inch water line or larger from the tank to Pipe Springs National Monument; the Service further agrees to provide Ts and water meters at five locations for service to tribal facilities, The locations of such Ts shall be determined by further agreement of the parties hereto. The Tribe agrees that the Service may have a right of way with full rights of ingress and egress during the term of this agreement for the construction, maintenance and use of the water system as described on the attached plat which is marked Exhibit "A" and by reference made a part of this agreement.
3. The Service agrees to operate, maintain and repair the water system constructed as aforesaid at its sole cost and expense.
4. The Tribe agrees that the Service may use the present one-third of the output of water of Pipe Springs now being used by the Tribe so long as this agreement shall remain in force, except as hereinafter provided in paragraph No. 12 and 14.
5. The Service agrees that in lieu of the waters of Pipe Springs to which the Tribe has hereby granted exclusive use to the Service, the Service will furnish to the Tribe 7,884,000 gallons of water per year from the water system constructed pursuant to the terms of this agreement at the sole cost and expense of the Service and without any charge to the Tribe.
6. The Tribe agrees to pay the actual cost of production rate for all water used by the Tribe during any one year in excess of the amount to be furnished to the Tribe without cost as stated in the preceding paragraph. Cost of production shall be determined by prorating the cost of (a) electricity, (b) chemicals, (c) maintenance of pump, plant and main line with appurtenances, and (d) seven year amortization of the pump. The cost of production will be re-evaluated at the end of each two year period.
7. The Service retains the ownership in the water system as constructed by it, but in the event of termination of this agreement, the Tribe shall be given the right of purchase of the equipment at the then appraised market value before the Service shall have the right to remove the same from tribal property.
8. It is mutually agreed that the waters of both the well and Pipe Springs will be economically used with the objective of conserving the same, and obtaining the most feasible use therefrom. Water from the well shall not be used for commercial agriculture. In the event rated production of the well becomes less than 15 gallons per minutes, the deficit of the amount agreed to be furnished by the Service to the Tribe shall be made available to the Tribe from Pipe Springs.
9. The Service agrees to meter all water and annually bill the Tribe for water in excess of the specified amount as hereinbefore provided.
10. The Service agrees to pay a rental charge for the use of water from the well by the Service at the rate of $33 per acre foot, payable annually. The rental charge does not apply to any water used by the Tribe from the well.
11. The Parties each agree to make prompt payment upon receipt of billing from the other party.
12. The Service agrees that it will maintain the pool now constituting a part of the Pipe Springs Monument attraction and in the event water used by the Service from Pipe Springs is less than the output of said Springs, the Service agrees to make the excess water available to the Tribe through the Tribe's present line and storage system.
13. The Tribe at its own cost and expense may install a pipeline connecting the water well lines with the Kaibab Village system for emergency purposes only.
14. The Tribe would like to retain one gallon per minute flow from Pipe Springs for Livestock purposes which the Tribe will install at their own expenses.
Acting Superintendent Hopi Indian Agency
Bureau of Indian Affairs
Last Updated: 28-Aug-2006