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 123STA T . 13 68PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Tesuq ue v.R. L ee Aamodt, eta l . ’ ’, N o. 6 6 CV 66 39M V / LC S(D .N.M. ) . ( 2 )A BEYTA A DJU D IC ATI ON . — T h ete r m ‘ ‘A b e y ta ad j ud ic atio n ’’ means the g eneral stream adjudication that is the subject o f the civil actions entitled ‘‘State of Ne w Me x ico v. Abeyta and State of New Mexico v. Arrellano’’, Civil Nos. 78 96 –B B (D.N.M) and 7939–BB (D.N.M.) (consolidated). (3) AC R E -F EET.—The term ‘‘acre-feet’’ means acre-feet p er year. ( 4 )A G REE M ENT.—The term ‘‘Agreement’’ means the agree- ment among the State of New Mexico, the Nation, and the U nited States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 1 9,2 0 0 5 . (5) A L LOTTEE.—The term ‘‘allottee’’ means a person that holds a beneficial real property interest in a Navajo allotment that— (A) is located within the Navajo Reservation or the State of New Mexico (B) is held in trust by the United States; and (C) was originally granted to an individual member of the Nation by public land order or otherwise. (6) ANIMA S -LA P LATA PROJECT.—The term ‘‘Animas-La P lata Project’’ has the meaning given the term in section 3 of Public Law 100–585 (102 Stat. 2973), including Ridges Basin Dam, La k e Nighthorse, the Navajo Nation Municipal Pipeline, and any other features or modifications made pursuant to the Colo- rado Ute Settlement Act Amendments of 2000 (Public Law 106–554; 114 Stat. 2763A–258). (7) CITY.—The term ‘‘City’’ means the city of G allup, New Mexico, or a designee of the City, with authority to provide water to the Gallup, New Mexico service area. (8) COLORADO RI V ER COMPACT.—The term ‘‘Colorado River Compact’’ means the Colorado River Compact of 1922 as approved by Congress in the Act of December 21, 1928 (45 Stat. 1057) and by the Presidential Proclamation of J une 25, 1929 (46 Stat. 3000). (9) COLORADO RIVER SYSTEM.—The term ‘‘Colorado River System’’ has the same meaning given the term in Article I I(a) of the Colorado River Compact. (10) COMPACT.—The term ‘‘Compact’’ means the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48). (11) CONTRACT.—The term ‘‘Contract’’ means the contract between the United States and the Nation setting forth certain commitments, rights, and obligations of the United States and the Nation, as described in paragraph 6.0 of the Agreement. (12) DEPLETION.—The term ‘‘depletion’’ means the depletion of the flow of the San Juan River stream system in the State of New Mexico by a particular use of water (including any depletion incident to the use) and represents the diversion from the stream system by the use, less return flows to the stream system from the use. (13) DRAFT IMPACT STATEMENT.—The term ‘‘Draft Impact Statement’’ means the draft environmental impact statement prepared by the Bureau of Reclamation for the Project dated March 2007.


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 123STA T . 13 69PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (14)FUND.—Thet e rm‘ ‘F und’ ’me a n s the R e cl amat io n W aters S ettlements Fund esta b lished b y section 1 05 01(a). (15) HY D ROL O GIC D ET ER M IN A TION.—The term ‘‘hydrolo g ic determination’’ means the hydrologic determination entitled ‘‘Water Av ailability f rom N ava j o Reservoir and the Up per C olo - rado River B asin for Use in Ne wM e x ico , ’’ prepared by the Bureau of Reclamation pursuant to section 11 of the Act of J une 1 3 ,1 962 ( P ublic L aw 87– 483 76 Stat. 99), and dated May 23, 2007. (16) LO W ER B A S IN.—The term ‘‘Lower Basin’’ has the same meaning given the term in Article I I(g) of the Colorado River Compact. (17) NATION.—The term ‘‘Nation’’ means the Navajo Nation, a body politic and federally-recogni z ed Indian nation as pro- vided for in section 101(2) of the Federally Recognized Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also k nown variously as the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, New Mexico & Utah,’’ and the ‘‘Navajo Tribe of Indians’’ and other similar names, and includes all bands of Navajo Indians and chapters of the Navajo Nation. (18) NA V A J O-GALLU P WATER SUPPLY PROJECT; PROJECT.— The term ‘‘Navajo- G allup Water Supply Project’’ or ‘‘Project’’ means the Navajo-Gallup Water Supply Project authorized under section 10602(a), as described as the preferred alternative in the D raft Impact Statement. (19) NAVAJO INDIAN IRRIGATION PROJECT.—The term ‘‘Navajo Indian Irrigation Project’’ means the Navajo Indian irrigation project authorized by section 2 of Public Law 87– 483 (76 Stat. 96). (20) NAVAJO RESERVOIR.—The term ‘‘Navajo Reservoir’’ means the reservoir created by the impoundment of the San Juan River at Navajo Dam, as authorized by the Act of April 11, 1956 (commonly known as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 et se q .). (21) NAVAJO NATION MUNICIPAL PIPELINE; PIPELINE.—The term ‘‘Navajo Nation Municipal Pipeline’’ or ‘‘Pipeline’’ means the pipeline used to convey the water of the Animas-La Plata Project of the Navajo Nation from the City of Farmington, New Mexico, to communities of the Navajo Nation located in close proximity to the San Juan River V alley in the State of New Mexico (including the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water Rights Settle- ment Act of 1988 (Public Law 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). (22) NON-NAVAJO IRRIGATION DISTRICTS.—The term ‘‘Non- Navajo Irrigation Districts’’ means— (A) the Hammond Conservancy District; (B) the Bloomfield Irrigation District; and (C) any other community ditch organization in the San Juan River basin in the State of New Mexico. (23) PARTIAL F INAL DECREE.—The term ‘‘Partial Final Decree’’ means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth the rights of the Nation to use and administer waters of the San Juan River Basin in New Mexico, as set forth in Appendix 1 of the Agreement.

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 123STA T . 13 70PUBLIC LA W 111 – 11 —M A R .30, 200 9(24)PROJECTPA RT I CIPA N T S.—Thet e rm‘ ‘Pr oj e c tP a rt i ci -p a n t s’ ’ means the C it y, the N ation, an d the J icari l la A pache Nation. (2 5 ) S ANJ U AN RI V ER B ASIN RECOVER Y I M P L EMENTATION PRO G RAM.—The term ‘‘San J u an R i v er B asin Recovery I mplementation Pro g ram’’ means the intergovernmental pro- gram esta b lished pursuant to the cooperative agreement dated O ctober 2 1 ,1 9 92 (including any amendments to the program). (2 6 ) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary o f the Interior, acting through the Commissioner of Reclamation or any other designee. (2 7 ) STREAM A D JUDICATION.—The term ‘‘stream adjudica- tion’’ means the general stream adjudication that is the subject of Ne wM e x ico v. U nited States, et al., No. 75 – 1 8 5 (11th Jud. D ist., San Juan County, New Mexico) (involving claims to waters of the San Juan River and the tributaries of that river). (28) SUPPLEMENTAL PARTIAL F INAL DECREE.—The term ‘‘Supplemental Partial F inal Decree’’ means a final and binding judgment and decree entered by a court in the stream adjudica- tion, setting forth certain water rights of the Nation, as set forth in Appendix 2 of the Agreement. (29) TRUST FUND.—The term ‘‘Trust Fund’’ means the Navajo Nation W ater Resources Development Trust Fund established by section 1 0 702(a). ( 3 0) UPPER BASIN.—The term ‘‘Upper Basin’’ has the same meaning given the term in Article II(f) of the Colorado River Compact. SEC.103 03. C OMPLIAN CE W I TH EN V I R ONMENTAL LAWS. (a) E FFECT OF E X ECUTION OF AGREEMENT.—The execution of the Agreement under section 10701(a)(2) shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et se q .). (b) COMPLIANCE WIT H ENVIRONMENTAL L A W S.—In carrying out this subtitle, the Secretary shall comply with each law of the Federal G overnment relating to the protection of the environment, including— (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 1030 4 . NO REALLOCATION O F COSTS. (a) EFFECT OF ACT.—Notwithstanding any other provision of law, the Secretary shall not reallocate or reassign any costs of projects that have been authori z ed under the Act of April 11, 1956 (commonly k nown as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 et seq.), as of the date of enactment of this Act because of— (1) the authorization of the Navajo-Gallup Water Supply Project under this subtitle; or (2) the changes in the uses of the water diverted by the Navajo Indian Irrigation Project or the waters stored in the Navajo Reservoir authorized under this subtitle. (b) USE OF POWER REVENUES.—Notwithstanding any other provision of law, no power revenues under the Act of April 11, 1956 (commonly known as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 et seq.), shall be used to pay or reimburse 43USC 4 07note.


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 123STA T . 13 7 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9anycost so f t heN a v a j o I n di anI r ri g ation P roject or Navajo -G a l l upW ater S upply Project .SEC.103 0 5 . INT E R EST R A TE. Not w ithstanding any other provision of law , the interest rate applica b le to any repay m ent contract entered into under section 106 0 4 shall be e q ual to the discount rate for F ederal water resources planning, as determined by the Secretary. PARTI— A MEND MENT S T O T H E C O L ORADO RI V ER STORA G E PRO J ECT ACT AND P UB LIC LA W87–4 8 3 SEC. 10 4 01. A M EN D MENTS T O T H ECO L ORADO RI V ER STORA G E P RO J ECT ACT. ( a ) P ARTIC I P ATI NG PR OJE CT S . — Paragraph ( 2 ) of the first section of the A ct of April 11, 1 95 6 (commonly k nown as the ‘ ‘ C olorado R iver Storage Project Act ’ ’) (4 3U .S.C. 620(2)) is amended by inserting ‘‘the Navajo-Gallup Water Supply Project,’’ after ‘‘Fruit- land M esa,’’. (b) NA V AJO RESERVOIR WATER B AN K .— T he Act of April 11, 1956 (commonly known as the ‘‘Colorado River Storage Project Act’’) is amended— (1) by redesignating section 16 (43 U.S.C. 620o) as section 1 7; and (2) by inserting after section 15 (43 U.S.C. 620n) the fol- lowing ‘‘SEC. 16. (a) The Secretary of the Interior may create and operate within the available capacity of Navajo Reservoir a top water bank. ‘‘(b) Water made available for the top water bank in accordance with subsections (c) and (d) shall not be subject to section 11 of Public L aw 8 7 – 483 (76 Stat. 99). ‘‘(c) The top water bank authori z ed under subsection (a) shall be operated in a manner that— ‘‘(1) is consistent with applicable law, e x cept that, notwith- standing any other provision of law, water for purposes other than irrigation may be stored in the Navajo Reservoir pursuant to the rules governing the top water bank established under this section; and ‘‘(2) does not impair the ability of the Secretary of the Interior to deliver water under contracts entered into under— ‘‘(A) Public Law 87–483 (76 Stat. 96); and ‘‘(B) New Mexico State E ngineer File Nos. 2847, 2848, 2849, and 2917. ‘‘(d)(1) The Secretary of the Interior, in cooperation with the State of New Mexico (acting through the Interstate Stream Commis- sion), shall develop any terms and procedures for the storage, accounting, and release of water in the top water bank that are necessary to comply with subsection (c). ‘‘(2) The terms and procedures developed under paragraph (1) shall include provisions requiring that— ‘‘(A) the storage of banked water shall be subject to approval under State law by the New Mexico State Engineer to ensure that impairment of any existing water right does Procedu re s.43USC620n–1 .


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 123STA T . 13 7 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9not o c c ur,i nc l u d in gs tor a g e o fw ater under N ew M e x ico S tate E ngineer F ile No .2849;‘ ‘ (B) water in t h eto p water b an k be sub j ecttoe v aporation and other losses during storage; ‘‘( C ) water in the top water bank be released for deliver y to the owner or assigns of the banked water on re q uest of the owner, subject to reasonable scheduling require m ents for making the release; ‘‘( D ) water in the top water bank be the first water spilled or released for flood control purposes in anticipation of a spill, on the condition that top water bank water shall not be released or included for purposes of calculating whether a release should occur for purposes of satisfying the flow recommendations of the San J uan R iver Basin Recovery I mplementation P rogram; and ‘‘(E) water eligible for banking in the top water bank shall be water that otherwise would have been diverted and bene - ficially used in New Mexico that year. ‘‘(e) T he Secretary of the Interior may charge fees to water users that use the top water bank in amounts sufficient to cover the costs incurred by the U nited States in administering the water bank. ’ ’. SEC.104 0 2 . AM E ND MEN T ST OPUBLI CLA W87– 48 3 . (a) N AV A JO I NDI ANI R RI G A T ION PROJ EC T. — Public L aw8 7– 48 3 (7 6 Stat. 96) is amended by striking section 2 and inserting the following ‘‘SEC. 2. (a) In accordance with the A ct of April 1 1, 19 5 6 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 62 0 et seq.), the Secretary of the Interior is authori z ed to construct, operate, and maintain the Navajo Indian Irrigation Project to provide irrigation water to a service area of not more than 110,630 acres of land. ‘‘(b)(1) Subject to paragraph (2), the average annual diversion by the Navajo Indian Irrigation Project from the Navajo Reservoir over any consecutive 10-year period shall be the lesser of— ‘‘(A) 508,000 acre-feet per year; or ‘‘(B) the quantity of water necessary to supply an average depletion of 270,000 acre-feet per year. ‘‘(2) The quantity of water diverted for any 1 year shall not exceed the average annual diversion determined under paragraph (1) by more than 15 percent. ‘‘(c) In addition to being used for irrigation, the water diverted by the Navajo Indian Irrigation Project under subsection (b) may be used within the area served by Navajo Indian Irrigation Project facilities for the following purposes: ‘‘(1) Aquaculture purposes, including the rearing of fish in support of the San Juan River Basin Recovery Implementa- tion Program authorized by Public Law 106–392 (114 Stat. 1602). ‘‘(2) Domestic, industrial, or commercial purposes relating to agricultural production and processing. ‘‘(3)(A) The generation of hydroelectric power as an incident to the diversion of water by the Navajo Indian Irrigation Project for authorized purposes. ‘‘(B) Notwithstanding any other provision of law— 43USC615j j .


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 123STA T . 13 7 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (i)anyh y droel e ct ric p o w er g enerated u nder thi s para - graph shall b e used or m ar k eted by the N a v a j o Nation ‘‘(ii) the Navajo Nation shall retain any revenues f rom the sale of the hydroelectric power; and ‘‘(iii) the U nited S tates shall have no trust obligation to monitor , administer, or account for the revenues received by the Navajo Nation, or the e x penditure of the revenues . ‘‘( 4 ) T he implementation of the alternate water source provisions described in subparagraph 9 . 2 of the agreement executed under section 107 01(a)(2) of the Northwestern New M exico R ural W ater P rojects A ct. ‘‘(d) The Navajo I ndian Irrigation Project water diverted under subsection (b) may be transferred to areas located within or outside the area served by Navajo Indian Irrigation Project facilities, and within or outside the boundaries of the Navajo Nation, for any beneficial use in accordance with — ‘‘(1) the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act; ‘‘(2) the contract executed under section 10 6 04(a)(2)( B )of that Act; and ‘‘( 3 ) any other applicable law. ‘‘(e) The Secretary may use the capacity of the Navajo Indian Irrigation Project works to convey water supplies for— ‘‘(1) the Navajo- G allup Water Supply Project under section 10602 of the Northwestern New Mexico Rural Water Projects Act; or ‘‘(2) other nonirrigation purposes authori z ed under sub- section (c) or (d). ‘‘(f)(1) Repayment of the costs of construction of the project (as authorized in subsection (a)) shall be in accordance with the Act of April 11, 19 5 6 (commonly known as the ‘ C olorado River Storage Project Act ’ ) (43 U.S.C. 620 et se q .), including section 4(d) of that Act. ‘‘(2) The Secretary shall not reallocate, or require repayment of, construction costs of the Navajo Indian Irrigation Project because of the conveyance of water supplies for nonirrigation purposes under subsection (e).’’. (b) R UNOF FA B O VE N A VA J O D A M .—Section 11 of Public L aw 8 7 – 483 (76 Stat. 100) is amended by adding at the end the following ‘‘(d)(1) F or purposes of implementing in a year of prospective shortage the water allocation procedures established by subsection (a), the Secretary of the Interior shall determine the quantity of any shortages and the appropriate apportionment of water using the normal diversion requirements on the flow of the San J uan River originating above Navajo Dam based on the following criteria: ‘‘(A) The quantity of diversion or water delivery for the current year anticipated to be necessary to irrigate land in accordance with cropping plans prepared by contractors. ‘‘(B) The annual diversion or water delivery demands for the current year anticipated for non-irrigation uses under water delivery contracts, including contracts authorized by the North- western New Mexico Rural Water Projects Act, but excluding any current demand for surface water for placement into aquifer storage for future recovery and use. Det e rmina ti o n .43USC615s s.


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 123STA T . 13 74PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (C)Ana nn u a l n orm al dive r s ion demand o f135,0 00a c re - fee t for t h e initial sta g eofthe S an J uan-Chama P ro j ect author- i z ed by section 8, w hich shall be the amount to which any shortage is a p plied . ‘‘( 2 ) T he Secretary shall not include in the normal diversion re q uirements — ‘‘(A) the quantity of water that reliably can be anticipated to be diverted or delivered under a contract from inflows to the San Juan R iver arising below N avajo D am under New M e x ico State E ngineer F ile No. 3215 or ‘‘( B ) the quantity of water anticipated to be supplied through reuse. ‘‘(e)(1) I f the Secretary determines that there is a shortage of water under subsection (a), the Secretary shall respond to the shortage in the Navajo Reservoir water supply by curtailing releases and deliveries in the following order ‘‘(A) The demand for delivery for uses in the State of Arizona under the Navajo- G allup W ater Supply Project author- ized by section 10 6 03 of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for the uses from inflows to the San Juan River that arise below Navajo Dam in accordance with New Mexico State Engineer File No. 3215. ‘‘(B) The demand for delivery for uses allocated under para- graph 8.2 of the agreement executed under section 10 7 01(a)(2) of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for such uses under State Engineer File No. 3215. ‘‘(C) The uses in the State of New Mexico that are deter- mined under subsection (d), in accordance with the procedure for apportioning the water supply under subsection (a). ‘‘(2) For any year for which the Secretary determines and responds to a shortage in the Navajo Reservoir water supply, the Secretary shall not deliver, and contractors of the water supply shall not divert, any of the water supply for placement into aquifer storage for future recovery and use. ‘‘(3) To determine the occurrence and amount of any shortage to contracts entered into under this section, the Secretary shall not include as available storage any water stored in a top water ban k in Navajo Reservoir established under section 16(a) of the Act of April 11, 1 9 56 (commonly known as the ‘Colorado River Storage Project Act ’ ). ‘‘(f) The Secretary of the Interior shall apportion water under subsections (a), (d), and (e) on an annual volume basis. ‘‘(g) The Secretary of the Interior may revise a determination of shortages, apportionments, or allocations of water under sub- sections (a), (d), and (e) on the basis of information relating to water supply conditions that was not available at the time at which the determination was made. ‘‘(h) Nothing in this section prohibits the distribution of water in accordance with cooperative water agreements between water users providing for a sharing of water supplies. ‘‘(i) Diversions under New Mexico State Engineer File No. 3215 shall be distributed, to the maximum extent water is available, in proportionate amounts to the diversion demands of contractors and subcontractors of the Navajo Reservoir water supply that are diverting water below Navajo Dam.’’.


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 123STA T . 13 75PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.104 0 3 .E F FEC TON FE D E RALW ATER LAW. Unles se xpr essl y pr ovid ed in th iss ub title , nothin g in this sub - title m odi f ies, c onflicts w ith, preempts, or otherwise a ffects —(1) the B oulder C anyon P ro j ect A ct( 43 U .S .C. 6 1 7 et se q .) ( 2 ) the Boulder Canyon Project Adjustment Act ( 5 4 Stat. 774, chapter 643); (3) the Act of April 11, 1 9 56 (commonly k nown as the ‘ ‘Colorado R iver Storage Project Act ’ ’) (43 U.S.C. 62 0 et seq.); (4) the Act of September 30, 196 8 (commonly known as the ‘‘Colorado River Basin Project Act’’) (82 Stat. 885); (5) Public L aw 87 – 483 (76 Stat. 96); (6) the T reaty between the United States of America and M exico respecting utili z ation of waters of the Colorado and Tijuana Rivers and of the Rio G rande, signed at W ashington F ebruary 3, 1944 (59 Stat. 1219); (7) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of J une 25, 1929 (46 Stat. 3000); (8) the Compact; (9) the Act of April 6, 1949 (63 Stat. 31, chapter 48); (10) the Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237); or (11) section 205 of the E nergy and Water D evelopment Appropriations Act, 2005 (118 Stat. 2949). PARTI I — R ECL A M ATI ONW ATER S ETTLEMENTS FU N D SEC. 10 5 01. RECLA M AT I ON WATER SETTLEMENTS F U ND. (a) E STABLI S HMEN T.—There is established in the Treasury of the United States a fund, to be known as the ‘‘Reclamation Water Settlements Fund’’, consisting of— (1) such amounts as are deposited to the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) DE PO SITS TO F U N D .— (1) I N G ENE R AL.—For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $ 120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (2) A V AILABILIT Y O F AMOUNTS.—Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section— (A) without further appropriation; and (B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law. (c) E X PENDITURES FROM FUND.— (1) IN GENERAL.— (A) EXPENDITURES.—Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3). 43USC 4 07. 43 USC 62 0 note .


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 123STA T . 13 76PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)AD D IT I ONALEXP ENDIT UR E S.—TheS e cr e ta r ym ay e xp e nd m o re than $120, 000,000 f oranyf is ca l year if s u ch amounts are a v aila b le in the F und due to expenditures not reachin g $120,000,000 for prior fiscal years. (2) AUT H ORIT Y .—The Secretary may expend money from the Fund to implement a settlement agreement approved by C ongress that resolves, in w hole or in part, litigation involving the U nited States, if the settlement agreement or implementing legislation re q uires the Bureau of R eclamation to provide finan - cial assistance for, or plan, design, and construct— (A) water supply infrastructure or (B) a pro j ect— (i) to rehabilitate a water delivery system to con- serve water; or (ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on the date of enactment of this Act. ( 3 ) USE F OR C O M PLETION OF PRO J ECT AND OTHER SETTLE- MENTS.— (A) P RIORITIES.— (i) FIRST PRIORITY.— ( I )IN G ENERAL.—The first priority for expendi- ture of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B). (II) RESER V ED AMOUNTS.—The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I). (ii) O THER PURPOSES.—Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authori z ed in paragraph (2). (B) COMPLETION OF PROJECT.— (i) N AVAJO-GALLUP W ATER SUPPLY PROJECT.— (I) IN GENERAL.—Subject to subclause (II), effective beginning J anuary 1, 2020, if, in the judg- ment of the Secretary on an annual basis the deadline described in section 10 7 01(e)(1)(A)(ix) is unli k ely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 10 6 0 9 (a), the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substan- tially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project. (II) M AXIMUM AMOUNT.— (aa) IN GENERAL.— E xcept as provided under item (bb), the amount expended under subclause (I) shall not exceed $ 5 00,000,000 for the period of fiscal years 2020 through 2029. Ef f ectiv e da te s.D ead l i n es. E xp endit ur es.


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 123STA T . 13 7 7 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(b b )EXCEPTION.—Thelim i ta ti on on the e xp en d it ur e amount under item (aa) ma y be ex c eeded durin g the entire period in w hich the F und i s in existence i f such additional funds can be expended without limiting the amounts identified in clauses (ii) through (i v ). (ii) O T H E R NE WM EXICO S ETT L EMENTS.— ( I )IN G ENER A L.— S ub j ect to subclause (II) , effective beginning J anuary 1, 20 20, in addition to the funding made available under clause (i), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not other - wise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with para- graphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of imple- menting the Indian water rights settlement agree- ments entered into by the State of N ew M exico in the A amodt adjudication and the Abeyta adju- dication, if such settlements are subse q uently approved and authori z edbyanActof C ongress and the implementation period has not already expired. (II) MAXIM U M AMOUNT.—The amount expended under subclause (I) shall not exceed $ 2 5 0,000,000. (iii) MONTANA SETTLEMENTS.— (I) IN GENERAL.—Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i) and (ii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appro- priations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing Indian water rights settlement agreements entered into by the State of Montana with the B lac k feet Tribe, the Crow Tribe, or the G ros V entre and Assiniboine Tribes of the Fort Belknap Indian R eservation in the judicial pro- ceeding entitled ‘ ‘In re the General Adjudication of All the Rights to U se Surface and Groundwater in the State of Montana ’ ’, if a settlement or settle- ments are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired. (II) MAXIMUM AMOUNT.— (aa) IN GENERAL.—Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $ 3 50,000,000 for the period of fiscal years 2020 through 202 9 . (bb) EXCEPTION.—The limitation on the expenditure amount under item (aa) may be


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 123STA T . 13 78PUBLIC LA W 111 – 11 —M A R .3 0, 200 9exc ee d edd uringth e entire p eri o din w hich the F und i s in existence i f such a dditiona l funds can b e expended without li m iting the amounts identified in clause ( i ), (ii), and (i v ) . (cc) OTHERFUNDI N G . —T he S ecretar y shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii). (iv) A RI ZO N AS ETT L E M ENT.— ( I ) IN GENERAL.—Sub j ect to subclause (II), effective beginning J anuary 1, 20 20, in addition to funding made available pursuant to clauses (i), (ii), and (iii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appro - priations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing an Indian water rights settlement agreement entered into by the State of Ari z ona with the N avajo Nation to resolve the water rights claims of the Nation in the L ower C olorado R iver basin in Arizona, if a settlement is subse q uently approved and authorized by an Act of Congress and the implementation period has not already expired. (II) M A X IMUM AMOUNT.— (aa) IN GENERAL.— E xcept as provided under item (bb), the amount expended under subclause (I) shall not exceed $ 100,000,000 for the period of fiscal years 2020 through 202 9 . (bb) EX C E P TION.—The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (i) through (iii). (cc) OTHER FUNDING.—The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii). (C) RE V ERSION.—If the settlements described in clauses (ii) through (iv) of subparagraph ( B ) have not been approved and authorized by an Act of Congress by D ecember 3 1, 2019, the amounts reserved for the settle- ments shall no longer be reserved by the Secretary pursu- ant to subparagraph (A)(i) and shall revert to the Fund for any authorized use, as determined by the Secretary. (d) INVESTMENT OF AMOUNTS.— (1) IN GENERAL.—The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1399

 123STA T . 13 79PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (2)CREDITS T OFUN D .—Theint e r e s t o n ,a n d the p ro c eeds f ro m the sa l e or redemption of, an y o b li g ations held in the Fu nd shall be credited to, and form a part of, the Fund. (e) TR A NSFERS OF AM OUNTS.— ( 1 ) I N G ENERA L .—The amounts re q uired to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the S ecretary of the Treasury. (2) AD J USTMENTS.— P roper ad j ustment shall be made in amounts subsequently transferred to the e x tent prior estimates w ere in excess of or less than the amounts required to be transferred. (f) TERMINATION.— O n September 30, 203 4 — (1) the Fund shall terminate and (2) the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury. PARTI II —N A V A JO-G A L L U P W AT E R S UPPL Y PROJE C T SEC.106 01. PUR P O SES. The purposes of this part are— (1) to authori z e the Secretary to construct, operate, and maintain the N a v ajo -G allup W ater Supply Project; (2) to allocate the capacity of the Project among the Nation, the City, and the J icarilla Apache Nation; and (3) to authorize the Secretary to enter into Project repay- ment contracts with the City and the Jicarilla Apache Nation. SEC. 1060 2 . A U TH OR IZ ATIO N O F NA V A J O -G A L LUP W ATER SUPPL Y PROJECT. (a) IN GENERAL.—The Secretary, acting through the Commis- sioner of R eclamation, is authorized to design, construct, operate, and maintain the Project in substantial accordance with the pre- ferred alternative in the D raft Impact Statement. (b) PROJE C T FACILITIES.—To provide for the delivery of San Juan River water to Project Participants, the Secretary may con- struct, operate, and maintain the Project facilities described in the preferred alternative in the Draft Impact Statement, including (1) A pumping plant on the San Juan River in the vicinity of K irtland, New M exico. (2)(A) A main pipeline from the San Juan River near Kirtland, New Mexico, to Shiproc k , New Mexico, and Gallup, New Mexico, which follows U nited States H ighway 4 9 1. ( B ) Any pumping plants associated with the pipeline authorized under subparagraph (A). (3)(A) A main pipeline from Cutter Reservoir to Ojo E ncino, New Mexico, which follows United States Highway 5 50. (B) Any pumping plants associated with the pipeline authorized under subparagraph (A). (4)(A) L ateral pipelines from the main pipelines to Nation communities in the States of New Mexico and Arizona. (B) Any pumping plants associated with the pipelines authorized under subparagraph (A). (5) Any water regulation, storage or treatment facility, service connection to an existing public water supply system,


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Page:United States Statutes at Large Volume 123.djvu/1400

 123STA T . 13 80PUBLIC LA W 111 – 11 —M A R .30, 200 9powersub s ta t i o n, power d istribution wor k s,orot h er appur - tenant works ( in cl udin g a building or access road ) that is related to the P ro j ect f acilities authori z edb y paragraphs ( 1 ) through ( 4 ), including power trans m ission facilities and associ- ated wheeling ser v ices to connect Project facilities to e x isting high-voltage transmission facilities and deliver power to the Project . (c) ACQUIS I T I ON O FLA N D . — (1) I N GE NE R A L .— T he S ecretary is authorized to ac q uire any land or interest in land that is necessary to construct, operate, and maintain the Project facilities authorized under subsection (b). ( 2 )LANDOFT H E P RO J ECT PARTICIPANTS.—As a condition of construction of the facilities authorized under this part, the Project Participants shall provide all land or interest in land, as appropriate, that the Secretary identifies as necessary for acquisition under this subsection at no cost to the Secretary. ( 3 )LI M ITATION.—The Secretary may not condemn water rights for purposes of the Project. (d) C ONDITIONS.— (1) IN GENERAL.— E xcept as provided in paragraph (2), the Secretary shall not commence construction of the facilities authorized under subsection (b) until such time as— (A) the Secretary executes the Agreement and the Con- tract ( B ) the contracts authorized under section 1 06 04 are executed; (C) the Secretary— (i) completes an environmental impact statement for the Project; and (ii) has issued a record of decision that provides for a preferred alternative; and ( D ) the Secretary has entered into an agreement with the State of N ew M exico under which the State of New Mexico will provide a share of the construction costs of the Project of not less than $5 0,000,000, except that the State of New Mexico shall receive credit for funds the State has contributed to construct water conveyance facili- ties to the Project Participants to the extent that the facili- ties reduce the cost of the Project as estimated in the Draft Impact Statement. (2) E X CEPTION.—If the J icarilla Apache Nation elects not to enter into a contract pursuant to section 10604, the Sec- retary, after consulting with the Nation, the City, and the State of New Mexico acting through the Interstate Stream Commission, may make appropriate modifications to the scope of the Project and proceed with Project construction if all other conditions for construction have been satisfied. (3) EFFECT OF INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—The Indian Self-Determination and Edu- cation Assistance Act (25 U .S.C. 450 et seq.) shall not apply to the design, construction, operation, maintenance, or replace- ment of the Project. (e) PO W ER.—The Secretary shall reserve, from existing reserva- tions of Colorado R iver Storage Project power for Bureau of Rec- lamation projects, up to 26 megawatts of power for use by the Project. Contrac t s. Cons ul tat i on. Contracts.


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Page:United States Statutes at Large Volume 123.djvu/1401

 123STA T . 13 8 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(f)CONVEYA N C EO FTITL ETO PR O J ECT F ACILITIE S.— ( 1 ) I N G ENERAL.—T heS e cr e ta r yis a u th o ri z e d toe n ter into se p arate a g ree m ents w ith the City and the N ation and , on entering into the agreements, sha l l con v ey title to each Pro j ect facility or section of a Project facility authorized under su b- section (b) (including any appropriate interests in land) to the City and the Nation after— ( A ) completion of construction of a Project facility or a section of a Project facility that is operating and deliv- ering water and ( B )e x ecution of a Project operations agreement approved by the Secretary and the Project Participants that sets forth— (i) any terms and conditions that the Secretary determines are necessary— (I) to ensure the continuation of the intended benefits of the Project; and (II) to fulfill the purposes of this part; (ii) re q uirements acceptable to the Secretary and the Project Participants for— (I) the distribution of water under the Project or section of a Project facility; and (II) the allocation and payment of annual oper- ation, maintenance, and replacement costs of the Project or section of a Project facility based on the proportionate uses of Project facilities; and (iii) conditions and requirements acceptable to the Secretary and the Project Participants for operating and maintaining each Project facility on completion of the conveyance of title, including the requirement that the City and the Nation shall— (I) comply with— (aa) the Compact; and (bb) other applicable law; and (II) be responsible for— (aa) the operation, maintenance, and replacement of each Project facility; and (bb) the accounting and management of water conveyance and Project finances, as nec- essary to administer and fulfill the conditions of the Contract executed under section 1 06 0 4 (a)( 2 )(B). (2) E FFECT OF CONVEYANCE.—The conveyance of title to each Project facility shall not affect the application of the Endangered Species Act of 1 973 (16 U .S.C. 1 5 31 et seq.) relating to the use of the water associated with the Project. (3) L IA B ILITY.— (A) IN GENERAL.—Effective on the date of the convey- ance authorized by this subsection, the United States shall not be held liable by any court for damages of any k ind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States, or by employees or agents of the United States, prior to the date of conveyance. Compliance. Con tr act s .


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Page:United States Statutes at Large Volume 123.djvu/1402

 123STA T . 13 8 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)TORTCLAIMS.—Nothing in thi s s ec tion inc r e a ses the l ia b ilit y o f the U nite dS tates beyond the liability p ro -v ided in chapter 17 1 of title 28, United States C ode (co m - monly k no w nasthe ‘ ‘ F ederal Tort Claims A ct ’ ’). ( 4 ) NOTIC E O FP ROPOSE D CO NV E Y ANCE.—Not later than 4 5 days before the date of a proposed conveyance of title to any P ro j ect facility, the Secretary shall s u bmit to the Committee on R esources of the H ouse of Representatives and to the Com- mittee on E nergy and Natural Resources of the Senate notice of the conveyance of each Project facility. (g) COLORADO RIVER STORA G E PRO J ECT PO W ER.—The convey- ance of Project facilities under subsection (f) shall not affect the availability of Colorado River Storage Project power to the Project under subsection (e). (h) REGIONAL USE OF PROJECT FACILITIES.— (1) I N GENERAL.—Subject to paragraph (2), Project facilities constructed under subsection (b) may be used to treat and convey non-Project water or water that is not allocated by subsection 1 06 0 3 (b) if— (A) capacity is available without impairing any water delivery to a Project Participant and (B) the unallocated or non-Project water beneficiary— (i) has the right to use the water; (ii) agrees to pay the operation, maintenance, and replacement costs assignable to the beneficiary for the use of the Project facilities; and (iii) agrees to pay an appropriate fee that may be established by the Secretary to assist in the recovery of any capital cost allocable to that use. (2) EFFECT OF PAYMENTS.—Any payments to the United States or the Nation for the use of unused capacity under this subsection or for water under any subcontract with the Nation or the J icarilla Apache Nation shall not alter the construction repayment re q uirements or the operation, mainte- nance, and replacement payment requirements of the Project Participants. SEC.106 0 3 . D E LIV E RYAN D U SE OF NAVA J O -G ALLU PW A T ER SUPPLY PROJECT WATER. (a) USE OF PROJECT W ATER.— (1) IN GENERAL.—In accordance with this subtitle and other applicable law, water supply from the Project shall be used for municipal, industrial, commercial, domestic, and stock watering purposes. (2) USE ON CERTAIN LAND.— (A) IN GENERAL.—Subject to subparagraph (B), the Nation may use Project water allocations on— (i) land held by the United States in trust for the Nation and members of the Nation; and (ii) land held in fee by the Nation. (B) TRANSFER.—The Nation may transfer the purposes and places of use of the allocated water in accordance with the Agreement and applicable law. (3) HYDROELECTRIC POWER.— (A) IN GENERAL.—Hydroelectric power may be gen- erated as an incident to the delivery of Project water for authori z ed purposes under paragraph (1). Payments.D ea dli ne.


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 123STA T . 13 8 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)ADMIN I STRA TI O N .—Notwi t hs t and in g an y oth erp ro v ision o fl aw— (i) any hydroele c tric power generated u nder this paragraph shall b e used or m ar k eted by the Nation (ii) the Nation shall retain any revenues from the sale of the hydroelectric power; and (iii) the U nited S tates shall have no trust obliga - tion or other obligation to monitor , administer, or account for the revenues received by the Nation, or the e x penditure of the revenues. ( 4 ) STORA GE .— (A) I N GENERA L .—Sub j ect to subparagraph (B), any water contracted for delivery under paragraph ( 1 ) that is not needed for current water demands or uses may be delivered by the P roject for placement in underground storage in the State of New M exico for future recovery and use. (B) STATE A P PRO V AL.— D elivery of water under subparagraph (A) is subject to— (i) approval by the State of New Mexico under applicable provisions of State law relating to a q uifer storage and recovery; and (ii) the provisions of the Agreement and this sub- title. (b) PRO J E C T W ATER AND C APACIT Y ALLOCATIONS.— (1) DIVERSION.—Subject to availability and consistent with F ederal and State law, the Project may divert from the Navajo R eservoir and the San J uan River a quantity of water to be allocated and used consistent with the Agreement and this subtitle, that does not exceed in any 1 year, the lesser of— (A) 37 ,7 60 acre-feet of water; or (B) the quantity of water necessary to supply a deple- tion from the San Juan River of 3 5, 89 0 acre-feet. ( 2 ) PROJECT DELIVERY CAPACITY ALLOCATIONS.— (A) IN GENERAL.— T he capacity of the Project shall be allocated to the Project Participants in accordance with subparagraphs (B) through ( E ), other provisions of this subtitle, and other applicable law. (B) DELIVERY CAPACITY ALLOCATION TO T H E CITY.— The Project may deliver at the point of diversion from the San Juan River not more than 7,500 acre-feet of water in any 1 year for which the City has secured rights for the use of the City. (C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMM U NITIES IN NE W ME X ICO.—For use by the Nation in the State of New Mexico, the Project may deliver water out of the water rights held by the Secretary for the Nation and confirmed under this subtitle, at the points of diversion from the San Juan River or at Navajo Reservoir in any 1 year, the lesser of— (i) 22,650 acre-feet of water; or (ii) the quantity of water necessary to supply a depletion from the San Juan River of 20,780 acre- feet of water. (D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMMUNITIES IN ARI Z ONA.—Subject to subsection (c), the Project may deliver at the point of diversion from the


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 123STA T . 13 84PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SanJu an River n otm ore t h an 6,41 1a c re -f eet of w ater in an y 1yearforu s e b y the N ation in the State of A ri z ona .(E)DELIV E RYCAP ACI T Y ALL O CATIO N TO J ICARILLA APAC H E NATION. —T he P ro j ect may d e l iver at Navajo Res- ervoir not more than 1, 20 0 acre-feet of water in any 1 year of the water ri g hts of the Jicarilla A p ache Nation, held by the Secretary and confirmed by the Jicarilla Apache Tribe W ater Rights Settlement Act (Public L aw 102 – 441 106 Stat. 22 37 ), for use by the Jicarilla Apache Nation in the southern portion of the Jicarilla Apache Nation Reservation in the State of New M e x ico. (3) US EINE X CESS O FD ELIVERY CAPACITY ALLOCATION QU ANTITY.—Notwithstanding each delivery capacity allocation q uantity limit described in subparagraphs ( B ),( C ), and (E) of paragraph (2), the Secretary may authorize a Project Partici- pant to exceed the delivery capacity allocation quantity limit of that Project Participant if— (A) delivery capacity is available without impairing any water delivery to any other Project Participant; and (B) the Project Participant benefitting from the increased allocation of delivery capacity— (i) has the right under applicable law to use the additional water; (ii) agrees to pay the operation, maintenance, and replacement costs relating to the additional use of any Project facility; and (iii) agrees, if the Project title is held by the Sec- retary, to pay a fee established by the Secretary to assist in recovering capital costs relating to that addi- tional use. (c) CONDITIONS FOR USE IN ARI Z ONA.— (1) REQUIRE M ENTS.—Project water shall not be delivered for use by any community of the Nation located in the State of Arizona under subsection (b)(2)(D) until— (A) the Nation and the State of Arizona have entered into a water rights settlement agreement approved by an Act of Congress that settles and waives the Nation ’ s claims to water in the Lower Basin and the Little Colorado River Basin in the State of Arizona, including those of the United States on the Nation’s behalf; and (B) the Secretary and the Navajo Nation have entered into a Navajo Reservoir water supply delivery contract for the physical delivery and diversion of water via the Project from the San Juan River system to supply uses in the State of Arizona. (2) ACCOUNTIN G OF USES IN ARIZONA.— (A) I N GENERAL.—Pursuant to paragraph (1) and not- withstanding any other provision of law, water may be diverted by the Project from the San Juan River in the State of New Mexico in accordance with an appropriate permit issued under New Mexico law for use in the State of Arizona within the Navajo Reservation in the Lower Basin; provided that any depletion of water that results from the diversion of water by the Project from the San Juan River in the State of New Mexico for uses within the State of Arizona (including depletion incidental to the diversion, impounding, or conveyance of water in the State Waiver.Cont ra c t s . F ees. P a ym ents.


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Page:United States Statutes at Large Volume 123.djvu/1405

 123STA T . 13 85PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ofNewM e xic ofo rus esi nth e S t a te of A ri z ona ) sha l l b ea dm inistered and accounted for as either —( i)a p art of, and char g ed against, the a v ailable consumptive use apportionment made to the State of Arizona b y Article I II(a) of the C ompact and to the U pper B asin by Article III(a) of the Colorado R iver Compact, in which case any water so diverted by the P ro j ect into the L ower Basin for use within the State of Arizona shall not be credited as water reaching Lee F erry pursuant to Article III(c) and III(d) of the Colorado River Compact or (ii) subject to subparagraph (B), a part of, and charged against, the consumptive use apportionment made to the Lower Basin by Article III(a) of the Colo - rado River Compact, in which case it shall— (I) be a part of the Colorado River water that is apportioned to the State of Arizona in Article II(B) of the Consolidated D ecree of the Supreme Court of the United States in Arizona v . California ( 547 U.S. 1 5 0 ) (as may be amended or supple- mented); (II) be credited as water reaching Lee Ferry pursuant to Article III(c) and III(d) of the Colorado River Compact; and (III) be accounted as the water identified in section 104(a)(1)(B)(ii) of the Arizona W ater Settle- ments Act, (11 8 Stat. 3 478). (B) L IM I TA TI ON .—Notwithstanding subparagraph (A)(ii), no water diverted by the Project shall be accounted for pursuant to subparagraph (A)(ii) until such time that— (i) the Secretary has developed and, as necessary and appropriate, modified, in consultation with the Upper Colorado River Commission and the G overnors ’ Representatives on Colorado River O perations from each State signatory to the Colorado River Compact, all operational and decisional criteria, policies, con- tracts, guidelines or other documents that control the operations of the Colorado River System reservoirs and diversion wor k s, so as to adjust, account for, and offset the diversion of water apportioned to the State of Arizona, pursuant to the Boulder Canyon Project Act (43 U.S.C. 6 17etse q .), from a point of diversion on the San J uan River in New Mexico; provided that all such modifications shall be consistent with the provisions of this Section, and the modifications made pursuant to this clause shall be applicable only for the duration of any such diversions pursuant to section 10603(c)( 2 )(A)(ii); and (ii) Article II(B) of the Decree of the Supreme Court of the United States in Arizona v. California (547 U.S. 150 as may be amended or supplemented) is administered so that diversions from the main stream for the Central Arizona Project, as served under existing contracts with the United States by diversion works heretofore constructed, shall be limited and reduced to offset any diversions made pursuant to sec- tion 10603(c)(2)(A)(ii) of this Act. T his clause shall Ap p licab ili ty.Cr it e ria. Po licie s . Co n tracts. Gu i d elines.


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Page:United States Statutes at Large Volume 123.djvu/1406

 123STA T . 13 86PUBLIC LA W 111 – 11 —M A R .3 0, 200 9notaf f ec t ,i nan ym anne r ,t h e amo u nt of w ater a p por - tione d to A ri z ona pur s uant to the B ou l der C anyon P ro j ect Act (43U.S .C. 617 et se q . ) , or amend any pro v isions of said decree or the Colorado R iver Basin Project Act (43 U.S.C. 1 50 1 et. seq.). (3) U P P ERBASIN PR OT E C TIONS. — (A) CONS UL TATIONS.— H enceforth, in any consultation pursuant to 16 U.S.C. 1536(a) with respect to water development in the San J uan River Basin, the Secretary shall confer with the States of Colorado and N ew M e x ico, consistent with the provisions of section 5 of the ‘ ‘Principles for Conductin gE ndangered Species Act Section 7 Consulta- tions on W ater D evelopment and Water Management Activities Affecting Endangered F ish Species in the San Juan River Basin ’ ’ as adopted b y the Coordination Com- mittee, San Juan River Basin Recovery I mplementation Program, on June 1 9, 2 001, and as may be amended or modified. (B) PRESER V ATION O F E X ISTIN G RIG H TS.—Rights to the consumptive use of water available to the Upper Basin from the Colorado River System under the Colorado River Compact and the Compact shall not be reduced or preju- diced by any use of water pursuant to subsection 10603(c). Nothing in this Act shall be construed so as to impair, conflict with, or otherwise change the duties and powers of the Upper Colorado River Commission. (d) FORBEARANCE.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), during any year in which a shortage to the normal diversion require- ment for any use relating to the Project within the State of Arizona occurs (as determined under section 11 of Public L aw 8 7 – 483 (76 Stat. 99)), the Nation may temporarily forbear the delivery of the water supply of the Navajo Reservoir for uses in the State of New Mexico under the apportionments of water to the Navajo Indian Irrigation Project and the normal diversion requirements of the Project to allow an equivalent quantity of water to be delivered from the Navajo Reservoir water supply for municipal and domestic uses of the Nation in the State of Arizona under the Project. (2) LI M ITATION OF FORBEARANCE.— T he Nation may fore- bear the delivery of water under paragraph (1) of a quantity not exceeding the quantity of the shortage to the normal diver- sion requirement for any use relating to the Project within the State of Arizona. (3) EFFECT.—The forbearance of the delivery of water under paragraph (1) shall be subject to the requirements in subsection (c). (e) EFFECT.—Nothing in this subtitle— (1) authorizes the mar k eting, leasing, or transfer of the water supplies made available to the Nation under the Contract to non-Navajo water users in States other than the State of New Mexico or (2) authorizes the forbearance of water uses in the State of New Mexico to allow uses of water in other States other than as authorized under subsection (d). (f) COLORA D O RIVER COMPACTS.—Notwithstanding any other provision of law—


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Page:United States Statutes at Large Volume 123.djvu/1407

 123STA T . 13 87PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)waterm a yb e div erted by t h e P r oj e c t f rom the S a nJu an R iver in the State of N ew M e x ico for u s e within New Mexico in the l ower basin , as that term is used in the C olorado River Com p act ( 2 ) any water diverted under para g raph (1) shall be a part of, and charged against, the consumptive use apportion - ment made to the State of New Mexico by A rticle I II(a) of the Compact and to the upper basin by Article III(a) of the Colorado River Compact; and ( 3 ) any water so diverted by the Project into the lower basin within the State of New Mexico shall not be credited as water reaching L ee F erry pursuant to Articles III(c) and III(d) of the Colorado River Compact . (g) P AYMENTOFOP E R AT I ON, MAINTENAN C E, AN D REP L ACEMENT CO S TS. — (1) IN G ENERAL.— T he Secretary is authori z ed to pay the operation, maintenance, and replacement costs of the Project allocable to the Project Participants under section 1 06 0 4 until the date on which the Secretary declares any section of the Project to be substantially complete and delivery of water gen- erated by, and through, that section of the Project can be made to a Project participant. (2) PRO J ECT PARTICIPANT PAYMENTS.— B eginning on the date described in paragraph (1), each Project Participant shall pay all allocated operation, maintenance, and replacement costs for that substantially completed section of the Project, in accord- ance with contracts entered into pursuant to section 10604, except as provided in section 10604(f). (h) NO PRECEDENT.—Nothing in this Act shall be construed as authorizing or establishing a precedent for any type of transfer of Colorado River System water between the U pper Basin and Lower Basin. Nor shall anything in this Act be construed as expanding the Secretary ’ s authority in the Upper Basin. (i) UNI QU E SITUATION.— D iversions by the Project consistent with this section address critical tribal and non-Indian water supply needs under uni q ue circumstances, which include, among other things— (1) the intent to benefit an American Indian tribe; (2) the Navajo Nation’s location in both the Upper and Lower Basin; (3) the intent to address critical Indian water needs in the State of Arizona and Indian and non-Indian water needs in the State of New Mexico, (4) the location of the Navajo Nation’s capital city of W indow Roc k in the State of Arizona in close proximity to the border of the State of New Mexico and the pipeline route for the Project; ( 5 ) the lack of other reasonable options available for devel- oping a firm, sustainable supply of municipal water for the Navajo Nation at Window Rock in the State of Arizona; and (6) the limited volume of water to be diverted by the Project to supply municipal uses in the Window Rock area in the State of Arizona. (j) CONSENSUS.—Congress notes the consensus of the G overnors’ Representatives on Colorado River Operations of the States that are signatory to the Colorado River Compact regarding the diver- sions authorized for the Project under this section. Ef f ectiv e da te .


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Page:United States Statutes at Large Volume 123.djvu/1408

 123STA T . 13 8 8 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(k)EF F IC I ENTUS E .—Thediv e rs i on s a nd u ses au t hori z ed f or the P ro j e c t under this S ection re p resent uni q ue and efficient uses of C o l orado R iver apportion m ents in a manner that Con g ress has determined w ould b e consistent with the obligations of the United States to the N avajo Nation. SEC.106 0 4 . PROJ EC T CO N TR A CTS. (a) N AV A JO NATION CONT R ACT.— ( 1 ) HYD RO L O G IC DETER M INATION.—Congress recognizes that the H y drologic D etermination necessary to support approval of the Contract has been completed. ( 2 ) CONTRACT A P PROVAL.— ( A ) APPROVAL.— (i) I N GENERAL.—E x cept to the extent that any provision of the Contract conflicts with this subtitle , Congress approves, ratifies, and confirms the Contract. (ii) AMENDMENTS.—To the extent any amendment is executed to make the Contract consistent with this subtitle, that amendment is authorized, ratified, and confirmed. ( B )E X EC U TION OF CONTRACT.—The Secretary, acting on behalf of the United States, shall enter into the Contract to the extent that the Contract does not conflict with this subtitle (including any amendment that is required to make the Contract consistent with this subtitle). ( 3 ) NONREIM B URSABILITY OF ALLOCATED COSTS.—The fol - lowing costs shall be nonreimbursable and not subject to repay- ment by the Nation or any other Project beneficiary (A) Any share of the construction costs of the Nation relating to the Project authorized by section 1 06 02(a). (B) Any costs relating to the construction of the Navajo Indian Irrigation Project that may otherwise be allocable to the Nation for use of any facility of the Navajo Indian Irrigation Project to convey water to each Navajo commu- nity under the Project. (C) Any costs relating to the construction of Navajo Dam that may otherwise be allocable to the Nation for water deliveries under the Contract. ( 4 ) O PERATION, MAINTENANCE, AND REPLACEMENT OBLIGA- TION.—Subject to subsection (f), the Contract shall include provisions under which the Nation shall pay any costs relating to the operation, maintenance, and replacement of each facility of the Project that are allocable to the Nation. ( 5 ) L IMITATION, CANCELLATION, TERMINATION, AND RESCIS- SION.—The Contract may be limited by a term of years, can- celed, terminated, or rescinded only by an Act of Congress. (b) CITY OF G ALLUP CONTRACT.— (1) CONTRACT AUT H ORI Z ATION.—Consistent with this sub- title, the Secretary is authorized to enter into a repayment contract with the City that requires the City— (A) to repay, within a 50-year period, the share of the construction costs of the City relating to the Project, with interest as provided under section 10305 and (B) consistent with section 10603(g), to pay the oper- ation, maintenance, and replacement costs of the Project that are allocable to the City. (2) CONTRACT PREPAYMENT.—


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Page:United States Statutes at Large Volume 123.djvu/1409

 123STA T . 13 89PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (A)INGE NE RAL.—Thecontra cta u thor iz e d under p ara -g raph ( 1 ) m a y a l lo w the C ity to s atis f y the repayment o b ligation of the City for construction costs of the P ro j ect on the payment of the share of the City prior to the initi- ation of construction. ( B )A MOU N T .—The amount of the share of the City described in subparagraph (A) shall be determined by agreement between the S ecretary and the City. (C) R E P A Y MENT O B L I GATION.—Any repayment obliga- tion established by the Secretary and the City pursuant to subparagraph (A) shall be subject to a final cost alloca- tion by the Secretary on project completion and to the limitations set forth in paragraph ( 3 ). (3) S H ARE O FC ON S TRUCTION COSTS.— (A) IN GENERAL.—Subject to subparagraph (B) , the Sec- retary shall determine the share of the construction costs of the Project allocable to the City and establish the percentage of the allocated construction costs that the City shall be re q uired to repay pursuant to the contract entered into under paragraph (1), based on the ability of the City to pay. (B) M INIMUM PERCENTAGE.— N otwithstanding subpara- graph (A), the repayment obligation of the City shall be at least 25 percent of the construction costs of the Project that are allocable to the City, but shall in no e v ent e x ceed 35 percent. ( 4 ) EX CESS CONSTRUCTION COSTS.—Any construction costs of the Project allocable to the City in excess of the repayment obligation of the City, as determined under paragraph (3), shall be nonreimbursable. (5) G RANT FUN D S.—A grant from any other F ederal source shall not be credited toward the amount required to be repaid by the City under a repayment contract. ( 6 ) TITLE TRANSFER.—If title is transferred to the City prior to repayment under section 1 0 602(f), the City shall be required to provide assurances satisfactory to the Secretary of fulfillment of the remaining repayment obligation of the City. ( 7 ) W ATER DELI V ERY SUBCONTRACT.—The Secretary shall not enter into a contract under paragraph (1) with the City until the City has secured a water supply for the City ’ s portion of the Project described in section 10603(b)(2)(B), by entering into, as approved by the Secretary, a water delivery subcontract for a period of not less than 40 years beginning on the date on which the construction of any facility of the Project serving the City is completed, with— (A) the Nation, as authorized by the Contract (B) the J icarilla Apache Nation, as authorized by the settlement contract between the U nited States and the Jicarilla Apache Tribe, authorized by the Jicarilla Apache Tribe Water Rights Settlement Act (Public L aw 102 – 441; 106 Stat. 2237); or (C) an acquired alternate source of water, subject to approval of the Secretary and the State of New Mexico, acting through the New Mexico Interstate Stream Commis- sion and the New Mexico State Engineer. (c) JICARILLA APACHE NATION CONTRACT.— Ef f ectiv e da te .D ete rm i n ati o n.


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Page:United States Statutes at Large Volume 123.djvu/1410

 123STA T . 13 90PUBLIC LA W 111 – 11 —M A R .30, 2009 (1)CONTRAC TA U T H OR IZ ATION .— C onsi s te nt w it h this s ub- tit l e , the S e cr et a r y is authori z e d to enter into a re p ay m ent contract with the J icarilla A pache N ation that re q uires the Jicarilla Apache Nation— (A) to repay, within a 50 -year period, the share o f any construction cost of the Jicarilla Apache Nation relatin g to the P ro j ect, with interest as pro v ided under section 10 3 05 and ( B ) consistent with section 10 6 03(g), to pay the oper- ation, maintenance, and replacement costs of the Project that are allocable to the Jicarilla Apache Nation. ( 2 ) CONTRACT P R E PA YM ENT.— (A) I N G ENERA L .— T he contract authorized under para- graph (1) may allow the Jicarilla Apache Nation to satisfy the repayment obligation of the Jicarilla Apache Nation for construction costs of the Project on the payment of the share of the Jicarilla Apache Nation prior to the initi- ation of construction. (B) AMOUNT.—The amount of the share of Jicarilla Apache Nation described in subparagraph (A) shall be determined by agreement between the Secretary and the Jicarilla Apache Nation. (C) R EPAYMENT O B LIGATION.—Any repayment obliga- tion established by the Secretary and the Jicarilla Apache Nation pursuant to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the limitations set forth in paragraph (3). (3) SHARE O F CON S TRUCTION COSTS.— (A) IN GENERAL.—Subject to subparagraph (B), the Sec- retary shall determine the share of the construction costs of the Project allocable to the Jicarilla Apache Nation and establish the percentage of the allocated construction costs of the Jicarilla Apache Nation that the Jicarilla Apache Nation shall be required to repay based on the ability of the Jicarilla Apache Nation to pay. (B) M INIMUM PERCENTAGE.—Notwithstanding subpara- graph (A), the repayment obligation of the Jicarilla Apache Nation shall be at least 25 percent of the construction costs of the Project that are allocable to the Jicarilla Apache Nation, but shall in no event e x ceed 35 percent. ( 4 ) EX CESS CONSTRUCTION COSTS.—Any construction costs of the Project allocable to the Jicarilla Apache Nation in excess of the repayment obligation of the Jicarilla Apache Nation as determined under paragraph (3), shall be nonreimbursable. (5) G RANT FUN D S.—A grant from any other F ederal source shall not be credited toward the share of the Jicarilla Apache Nation of construction costs. (6) NA V A J O INDIAN IRRIGATION PROJECT COSTS.—The Jicarilla Apache Nation shall have no obligation to repay any Navajo Indian Irrigation Project construction costs that might otherwise be allocable to the Jicarilla Apache Nation for use of the Navajo Indian Irrigation Project facilities to convey water to the Jicarilla Apache Nation, and any such costs shall be nonreimbursable. (d) CAPITAL COST ALLOCATIONS.— (1) IN GENERAL.—For purposes of estimating the capital repayment requirements of the Project Participants under this Det e rmina ti o n .


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Page:United States Statutes at Large Volume 123.djvu/1411

 123STA T . 13 9 1 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 section, t h e S ec r et a r y sha l lre v ie w an d ,asa p propriate, u pdate the D ra f t Im pact Statement allocatin g capital construction costs for the P ro j ect .(2)FINALCOST ALLOCATION. —T he repayment contracts entered into with Project Participants under this section shall re q uire that the Secretary perform a final cost allocation when construction of the Project is determined to b e substantially complete. ( 3 ) REP A YM ENT O B LI G ATION.—The Secretary shall deter - mine the repayment obligation of the Project Participants based on the final cost allocation identifying reimbursable and nonre- imbursable capital costs of the Project consistent with this subtitle. (e) O PE R ATION, M AINTENANCE, AN D REPLACEMENT C OST A LLOCATIONS.—For purposes of determining the operation, mainte- nance, and replacement obligations of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement that allocates operation, maintenance, and replacement costs for the Project. (f) TEMPORARY W AI V ERS O F PAYMENTS.— ( 1 ) IN GENERAL.—On the date on which the Secretary declares a section of the Project to be substantially complete and delivery of water generated by and through that section of the Project can be made to the N ation, the Secretary may waive, for a period of not more than 1 0 years, the operation, maintenance, and replacement costs allocable to the Nation for that section of the Project that the Secretary determines areine x cess of the ability of the Nation to pay. (2) S U BSE Q UENT PAYMENT BY NATION.—After a waiver under paragraph (1), the Nation shall pay all allocated oper- ation, maintenance, and replacement costs of that section of the Project. (3) PAYMENT BY UNITED STATES.—Any operation, mainte- nance, or replacement costs waived by the Secretary under paragraph (1) shall be paid by the U nited States and shall be nonreimbursable. ( 4 ) E FFECT ON CONTRACTS.—Failure of the Secretary to waive costs under paragraph (1) because of a lac k of availability of Federal funding to pay the costs under paragraph (3) shall not alter the obligations of the Nation or the United States under a repayment contract. ( 5 ) TERMINATION OF AUT H ORITY.—The authority of the Sec- retary to waive costs under paragraph (1) with respect to a Project facility transferred to the Nation under section 10 6 02(f) shall terminate on the date on which the Project facility is transferred. (g) PRO J ECT CONSTRUCTION COMMITTEE.—The Secretary shall facilitate the formation of a project construction committee with the Project Participants and the State of New Mexico— (1) to review cost factors and budgets for construction and operation and maintenance activities (2) to improve construction management through enhanced communication; and (3) to seek additional ways to reduce overall Project costs. Establi s hmen t .R e v ie w. D ete r minati o n.


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Page:United States Statutes at Large Volume 123.djvu/1412

 123STA T . 13 9 2 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 SEC.106 0 5 . NAV A JO NA TI ON MU NICI P A L PIPELINE. (a)USEOFNAV A J ONA TI O NP I P E L INE .—In a d d it i o nto use o f t h eNa v a j o Nation M uni c i p a l Pipeline to conve y the A ni m as -L a Plata P r oject w ater of the Nation , the Nation may use the Navajo Nation Municipal Pipeline to convey non-Animas La Plata Project water for municipal and industrial purposes. ( b ) C ONVE Y AN C EOF T ITLE TO PIPELINE.— ( 1 )IN G ENE R AL.— O n completion of the Navajo Nation Municipal Pipeline, the S ecretary may enter into separate a g reements with the City of F armington, New Me x ico and the Nation to convey title to each portion of the Navajo Nation Municipal Pipeline facility or section of the Pipeline to the City of Farmington and the Nation after execution of a Project operations agreement approved by the Secretary, the Nation, and the City of Farmington that sets forth any terms and conditions that the Secretary determines are necessary. ( 2 ) CONVEYANCE TO T H E CITY OF FAR M INGTON OR NAVAJO NATION.—In conveying title to the Navajo Nation Municipal Pipeline under this subsection, the Secretary shall convey— (A) to the City of Farmington, the facilities and any land or interest in land ac q uired by the United States for the construction, operation, and maintenance of the Pipeline that are located within the corporate boundaries of the City and ( B ) to the Nation, the facilities and any land or interests in land acquired by the United States for the construction, operation, and maintenance of the Pipeline that are located outside the corporate boundaries of the City of Farmington. ( 3 ) E FFECT OF CONVEYANCE.—The conveyance of title to the Pipeline shall not affect the application of the Endangered Species Act of 1 97 3(1 6 U.S.C. 1 5 31 et seq.) relating to the use of water associated with the Animas-La Plata Project. ( 4 ) LIA B ILITY.— (A) IN GENERAL.—Effective on the date of the convey- ance authori z ed by this subsection, the United States shall not be held liable by any court for damages of any k ind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States or by employees or agents of the United States prior to the date of conveyance. (B) TORT CLAIMS.—Nothing in this subsection increases the liability of the United States beyond the liability pro- vided under chapter 171 of title 2 8, United States Code (commonly known as the ‘ ‘Federal Tort Claims Act ’ ’). (5) NOTICE OF PROPOSE D CONVEYANCE.—Not later than 45 days before the date of a proposed conveyance of title to the Pipeline, the Secretary shall submit to the Committee on Nat- ural R esources of the H ouse of Representatives and the Com- mittee on Energy and Natural Resources of the Senate, notice of the conveyance of the Pipeline. SEC. 10606. AUT H O R I Z ATION O F CONJUNCTIVE USE W ELLS. (a) CONJ U NCTIVE G ROUND W ATER D EVELOPMENT PLAN.—Not later than 1 year after the date of enactment of this Act, the Deadlin e . Deadline. Ef fe ct i v e date.


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Page:United States Statutes at Large Volume 123.djvu/1413

 123STA T . 13 9 3 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Nation, in c on sul tation w it h th eS ec r etar y , shall co mp lete a con j unc - ti v e g roun d water development plan f or the wells descri b ed in sub- sections ( b ) and (c) . (b) WEL L SINTH ES A N JU AN R I V E RB ASIN. —I n accordance with the conjunctive groundwater development plan, the Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of not more than 1, 670 acre-feet of groundwater in the San Juan River Basin in the State of New M e x ico for municipal and domestic uses. (c) WELLS IN THE L ITTLE CO LORA D O AND RIO G RANDE BASINS.— (1) IN G ENERAL.—In accordance with the P roject and conjunctive groundwater development plan for the Nation, the Secretary may construct or rehabilitate wells and related pipe- line facilities to provide capacity for the diversion and distribu- tion of— ( A ) not more than 6 8 0 acre-feet of groundwater in the Little Colorado River Basin in the State of New Mexico (B) not more than 80 acre-feet of groundwater in the Rio Grande Basin in the State of New Mexico; and (C) not more than 770 acre-feet of groundwater in the Little Colorado River Basin in the State of Ari z ona. ( 2 ) U SE.—Groundwater diverted and distributed under paragraph (1) shall be used for municipal and domestic uses. (d) A CQ UISITION O F LAND.— (1) IN GENERAL.— E xcept as provided in paragraph (2), the Secretary may ac q uire any land or interest in land that is necessary for the construction, operation, and maintenance of the wells and related pipeline facilities authorized under sub- sections (b) and (c). (2) LI M ITATION.—Nothing in this subsection authorizes the Secretary to condemn water rights for the purposes described in paragraph (1). (e) CONDITION.— T he Secretary shall not commence any construction activity relating to the wells described in subsections (b) and (c) until the Secretary executes the Agreement. (f) CONVE Y ANCE OF WELLS.— (1) IN GENERAL.— O n the determination of the Secretary that the wells and related facilities are substantially complete and delivery of water generated by the wells can be made to the Nation, an agreement with the Nation shall be entered into, to convey to the Nation title to— (A) any well or related pipeline facility constructed or rehabilitated under subsections (a) and (b) after the wells and related facilities have been completed; and (B) any land or interest in land acquired by the United States for the construction, operation, and maintenance of the well or related pipeline facility. (2) O P ERATION, MAINTENANCE, AND REPLACEMENT.— (A) IN GENERAL.—The Secretary is authorized to pay operation and maintenance costs for the wells and related pipeline facilities authorized under this subsection until title to the facilities is conveyed to the Nation. (B) SU B SEQUENT ASSUMPTION BY NATION.—On comple- tion of a conveyance of title under paragraph (1), the Nation shall assume all responsibility for the operation and maintenance of the well or related pipeline facility con- veyed. Payments.D ete r m i nati o n. C ontra c ts.


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Page:United States Statutes at Large Volume 123.djvu/1414

 123STA T . 13 94PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (3)EF F ECTO FCO NV E YA NCE .—Theconv e ya nce o fti t l eto the N ation of the con ju nctive u s e w ells un d e rp ara g raph ( 1 ) shall not affect the application of the Endangered S pecies A ct of1 97 3(1 6U .S. C .1 5 31etse q .). (g) U S EOF PR O J ECT F AC IL ITIES.—The capacities of the treat -m ent facilities , main pipelines, and lateral pipelines of the Project authori z ed b y section 1 0 60 2 (b) may be used to treat and convey groundwater to Nation communities if the Nation provides for pay- ment of the operation, maintenance, and replacement costs associ- ated with the use of the facilities or pipelines. (h) L I M ITATIONS.—The diversion and use of groundwater by wells constructed or rehabilitated under this section shall be made in a manner consistent with applicable Federal and State law. SEC.106 0 7 .S ANJU AN RIV ER NAVAJ O IRRI G A T ION P ROJECTS. (a) R E H A B ILITATION.—Subject to subsection (b), the Secretary shall rehabilitate— (1) the Fruitland-Cambridge I rrigation Project to serve not more than 3,335 acres of land, which shall be considered to be the total serviceable area of the project and (2) the H ogbac k -Cudei Irrigation Project to serve not more than 8 ,830 acres of land, which shall be considered to be the total serviceable area of the project. (b) CON D ITION.—The Secretary shall not commence any construction activity relating to the rehabilitation of the Fruitland- Cambridge Irrigation Project or the Hogback-Cudei Irrigation Project under subsection (a) until the Secretary e x ecutes the Agree- ment. (c) OP ERATION, M AINTENANCE, AND REPLACEMENT OBLI G A- TION.—The Nation shall continue to be responsible for the operation, maintenance, and replacement of each facility rehabilitated under this section. SEC. 1060 8 .OT H ER IRRIGATION PROJECTS. (a) IN G ENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the State of New Mexico (acting through the Interstate Stream Commission) and the Non-Navajo Irrigation D istricts that elect to participate, shall— (1) conduct a study of Non-Navajo Irrigation District diver- sion and ditch facilities; and (2) based on the study, identify and prioritize a list of projects, with associated cost estimates, that are recommended to be implemented to repair, rehabilitate, or reconstruct irriga- tion diversion and ditch facilities to improve water use effi- ciency. (b) GRANTS.—The Secretary may provide grants to, and enter into cooperative agreements with, the Non-Navajo Irrigation Dis- tricts to plan, design, or otherwise implement the projects identified under subsection (a)(2). (c) COST-SHARING.— (1) FEDERAL SHARE.—The Federal share of the total cost of carrying out a project under subsection (b) shall be not more than 50 percent, and shall be nonreimbursable. (2) FORM.—The non-Federal share required under para- graph (1) may be in the form of in-kind contributions, including Study.Dea d lin e.


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 123STA T . 13 95PUBLIC LA W 111 – 11 —M A R .3 0, 2009 thecon t ribu tion o fa n yv a l uable a s set or service that the S ec - retary d eter m ines w ould substantially contribute to a p ro j ect carried out under subsection ( b ). ( 3 )S TA T ECON T RIBU TION. —T he Secretary may accept from the State of N ew M e x ico a partial or total contribution toward the non- F ederal share for a project carried out under subsection (b). SEC.106 0 9 . AUTHORIZ ATIO N O F A P PROPRIATIONS. (a) A UT H ORI Z ATION O F A P PROPRIATION S FOR NA V A J O- G A L LUP W ATER SUPPL YP ROJECT.— ( 1 ) I N G ENERAL.—There is authori z ed to be appropriated to the Secretary to plan , desi g n, and construct the Project $870 ,000,000 for the period of fiscal years 2 00 9 through 202 4, to remain available until expended. (2) A D JUST M ENTS.—The amount under paragraph (1) shall be adjusted by such amounts as may be re q uired by reason of changes since 2007 in construction costs, as indicated by engineering cost indices applicable to the types of construction involved. (3) U SE.—In addition to the uses authorized under para- graph (1), amounts made available under that paragraph may be used for the conduct of related activities to comply with Federal environmental laws. (4) O PERATION AND MAINTENANCE.— (A) IN GENERAL.—There are authorized to be appro- priated such sums as are necessary to operate and maintain the Project consistent with this subtitle. ( B ) EX PIRATION.—The authorization under subpara- graph (A) shall expire 10 years after the year the Secretary declares the Project to be substantially complete. (b) APPROPRIATIONS FOR C ONJUNCTIVE USE WELLS.— (1) SAN JUAN W ELLS.—There is authorized to be appro- priated to the Secretary for the construction or rehabilitation and operation and maintenance of conjunctive use wells under section 10 6 06(b) $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019. (2) WELLS IN THE LITTLE COLORADO AND RIO GRANDE BASINS.—There are authorized to be appropriated to the Sec- retary for the construction or rehabilitation and operation and maintenance of conjunctive use wells under section 10606(c) such sums as are necessary for the period of fiscal years 2009 through 2024. (3) ADJUSTMENTS.—The amount under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since 2008 in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved. (4) NONREIMBURSABLE EXPENDITURES.—Amounts made available under paragraphs (1) and (2) shall be nonreimburs- able to the United States. ( 5 ) USE.—In addition to the uses authorized under para- graphs (1) and (2), amounts made available under that para- graph may be used for the conduct of related activities to comply with Federal environmental laws. (6) L IMITATION.—Appropriations authorized under para- graph (1) shall not be used for operation or maintenance of


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Page:United States Statutes at Large Volume 123.djvu/1416

 123STA T . 13 96PUBLIC LA W 111 – 11 —M A R .3 0, 2009 anyco n ju nc tive u s e w e l lsatati m eine x cess o f3 yea r s after t h e well is d eclared su b stantially com p lete .( c )SANJU AN RIVERI RRI G A T I O N P RO J E C T S . — ( 1 ) IN GENERA L .— T here are authori z ed to be appropriated to the Secretary— ( A ) to carry out section 1 06 0 7 (a)(1) , not more than $ 7,700,000, as adjusted under para g raph ( 2 ), for the period of fiscal years 200 9 through 2016, to remain available until expended and ( B ) to carry out section 10607(a)(2), not more than $1 5, 4 00,000, as adjusted under paragraph (2), for the period of fiscal years 2009 through 2019, to remain available until expended. (2) A D JUST M ENT.—The amounts made available under paragraph (1) shall be adjusted by such amounts as may be re q uired by reason of changes since January 1, 2004, in construction costs, as indicated by engineering cost indices applicable to the types of construction involved in the rehabilita - tion. (3) N ONREIM B URSABLE E XP ENDITURES.—Amounts made available under this subsection shall be nonreimbursable to the U nited States. (d) O T H ER IRRIGATION PROJECTS.—There are authorized to be appropriated to the Secretary to carry out section 1060 8 $11,000,000 for the period of fiscal years 2009 through 2019. (e) C ULTURAL RESOURCES.— (1) IN GENERAL.—The Secretary may use not more than 2 percent of amounts made available under subsections (a), (b), and (c) for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or conjunctive use well. (2) NONREIMBURSABLE EXPENDITURES.—Any amounts made available under paragraph (1) shall be nonreimbursable. (f) F ISH AND W ILDLI F E FACILITIES.— (1) IN GENERAL.—In association with the development of the Project, the Secretary may use not more than 4 percent of amounts made available under subsections (a), (b), and (c) to purchase land and construct and maintain facilities to miti- gate the loss of, and improve conditions for the propagation of, fish and wildlife if any such purchase, construction, or maintenance will not affect the operation of any water project or use of water. (2) NONREIMBURSABLE EXPENDITURES.—Any amounts expended under paragraph (1) shall be nonreimbursable. PARTIV—N AVA JO NATION W AT E RRI GH T SSEC.107 01. AGR EE M E NT . (a) AGREEMENT APPROVAL.— (1) APPROVAL B Y CONGRESS.— E xcept to the extent that any provision of the Agreement conflicts with this subtitle, Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to ma k e the Agreement consistent with this subtitle). (2) EXECUTION BY SECRETARY.—The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including— 43USC620note.


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 123STA T . 13 97PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (A)anyexhib i ts t o the A gr ee m ent re qu iring the signa - ture o f the S e c retary an d ( B ) any amendments to the Agreement necessary to ma k e the Agreement consistent w ith this subtit l e . ( 3 )A UTHORI T Y O FSEC RET A RY. —T he Secretary may carry out any action that the Secretary determines is necessary or a p propriate to implement the Agreement , the C ontract, and this section. ( 4 )A DM I N ISTRATION OF NA V A J O RESERVOIR RE L EASES.—The State of N ew M exico may administer water that has been released from storage in Na v a j o R eservoir in accordance with subparagraph 9 . 1 of the Agreement. (b) W ATER AVAILA B LE U NDER CONTRACT.— (1) Q UANTITIES OF W ATER AVAILABLE.— (A) I N G ENERAL.—Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San J uan River (including tributaries of the River) under New Mexico State E ngineer F ile Numbers 28 49, 2883, and 321 5 in the quantities described in subparagraph (B). (B) WATER Q UANTITIES.—The quantities of water referred to in subparagraph (A) are as follows
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iver- sion (acre- feet / year) Deple- tion (acre- feet/ year) Navajo Indian Irrigation P roject 5 0 8,000 2 7 0,000 Navajo- G allup Water Supply Project 22, 6 50 20,780 Animas- L a Plata Project 4,680 2,340 Total 535,330 293,120 (C) MA X IMUM QUANTITY.—A diversion of water to the Nation under the Contract for a project described in subparagraph (B) shall not exceed the quantity of water necessary to supply the amount of depletion for the project. (D) TERMS, CONDITIONS, AND LIMITATIONS.—The diver- sion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limita- tions of the Agreement, this subtitle, and any other applicable law. (2) AMENDMENTS TO CONTRACT.—The Secretary, with the consent of the Nation, may amend the Contract if the Secretary determines that the amendment is— (A) consistent with the Agreement; and (B) in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation. (3) RIGHTS OF THE NATION.—The Nation may, under the Contract—


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Page:United States Statutes at Large Volume 123.djvu/1418

 123STA T . 13 98PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (A)usetailw ate r, wastewater, a nd return f l o ws attri b- utabletoauseoft h e water b y the N ation or a sub c on- tractor of the Nation if — (i) the de p letion of water does not e x ceed the q uan- tities described in para g raph ( 1 ) and (ii) the use of tail water, wastewater, or return flows is consistent with the ter m s, conditions, and limitations of the Agreement, and any other applicable law; and ( B ) change a point of di v ersion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the S tate of Ari z ona under section 1 06 0 3 (b)( 2 )( D )), to another use, purpose, place, or depletion in the State of New M exico to meet a water resource or economic need of the Nation if— (i) the change or transfer is sub j ect to and con- sistent with the terms of the Agreement, the P artial F inal Decree described in paragraph 3 . 0 of the Agree- ment, the C ontract, and any other applicable law; and (ii) a change or transfer of water use by the Nation does not alter any obligation of the U nited States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract. (c) S UBCONTRA CT S .— (1) I N GE NERA L .— (A) SUBCONTRACTS BET W EEN NAT I ON AN D T H IRD P AR- TIES.— T he Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation). (B) APPRO V AL RE Q UIRED.—A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this sub- section and the Contract. (C) SUB M ITTAL.—The Nation shall submit to the Sec- retary for approval or disapproval any subcontract entered into under this subsection. (D) DEADLINE.—The Secretary shall approve or dis- approve a subcontract submitted to the Secretary under subparagraph (C) not later than the later of— (i) the date that is 1 8 0 days after the date on which the subcontract is submitted to the Secretary; and (ii) the date that is 60 days after the date on which a subcontractor complies with— (I) section 102(2)(C) of the National E nviron- mental Policy Act of 1 9 69( 4 2 U.S.C. 4332(2)(C)); and (II) any other requirement of Federal law. (E) EN F ORCEMENT.—A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28, United States Code. Arizona.


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Page:United States Statutes at Large Volume 123.djvu/1419

 123STA T . 13 9 9 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (F)COMPLIANCEW I TH OTHE R LAW .—Asubcontra ct de scr i bed in sub p ara g rap h (A) sha l lco m pl yw ith the Agree - ment , the P artial Final D ecree described in paragraph 3 . 0 o f the Agreement, and any other applicable law. ( G ) N O LIA B ILIT Y .— T he S ecretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this sub- section. ( 2 ) ALIENATION.— (A) PERMANENT ALIENATION.—The Nation shall not permanently alienate any right granted to the Nation under the Contract. ( B ) M A X IM U M TERM.—The term of any water use sub- contract (including a renewal) under this subsection shall be not more than 9 9 years. (3) NONINTERCOUR S E ACT COMPLIANCE.—This subsection— (A) pro v ides congressional authori z ation for the subcon- tracting rights of the Nation and (B) is deemed to fulfill any re q uirement that may be imposed by section 2 1 1 6 of the R evised Statutes (2 5U .S.C. 1 7 7). ( 4 ) FOR F EITURE.—The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. (5) NO PER CAPITA PAYMENTS.—No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis. (d) W ATER L EASES NOT RE Q UIRIN G SUBCONTRACTS.— (1) AUTHORITY OF NATION.— (A) I N GENERAL.—The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Me x ico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that— (i) is decreed to the Nation under the Agreement; and (ii) is not sub j ect to the Contract. (B) COMPLIANCE WITH OTHER LAW.—In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Par- tial Final Decree described in paragraph 4.0 of the Agree- ment, and any other applicable law. (2) ALIENATION; MAXIMUM TERM.— (A) ALIENATION.—The Nation shall not permanently alienate any right granted to the Nation under the Agree- ment. (B) MAXIMUM TERM.—The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years. (3) NO LIABILITY.—The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss


text: Dictionary of National Biography, 1885-1900/Montgomery, James (d.1694)


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Page:United States Statutes at Large Volume 123.djvu/1420

 123STA T . 1 40 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9or o the r d etr im e n tre sul tin gf rom ,a lease, c ontract, or other agreement entered into p ursuant to this su b section .(4)NONI N TERC O U R S E A CT CO MPL IANCE. —T his subsection— ( A ) pro v ides congressional authori z ation for the lease, contracting, and transfer of an yw ater right described in paragraph ( 1 )(A) and ( B ) is deemed to fulfill any re q uirement that may be imposed by the provisions of section 2 11 6 of the R evised S tatutes (2 5U .S. C .1 7 7). (5) F OR F EITURE.—The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. (e) NULLIFICATION.— (1) D EA D LINES.— (A) I N G ENERAL.—In carrying out this section, the fol - lowing deadlines apply with respect to implementation of the Agreement (i) AGREEMENT.—Not later than December 3 1, 2 0 10, the Secretary shall e x ecute the Agreement. (ii) CONTRACT.—Not later than December 31, 2010, the Secretary and the Nation shall execute the Con- tract. (iii) P ARTIAL FINAL DECREE.—Not later than December 31, 2013, the court in the stream ad j udica- tion shall have entered the Partial Final Decree described in paragraph 3.0 of the Agreement. (iv) FRUITLAND-CAM B RIDGE IRRIGATION PRO J ECT.— Not later than December 31, 2016, the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 10607(a)(1) shall be completed. (v) SUPPLEMENTAL PARTIAL FINAL DECREE.—Not later than December 31, 2016, the court in the stream adjudication shall enter the Supplemental Partial Final Decree described in subparagraph 4.0 of the Agree- ment. (vi) H OGBAC K -CUDEI IRRIGATION PROJECT.—Not later than December 31, 201 9, the rehabilitation construction of the Hogbac k -Cudei Irrigation Project authorized under section 10607(a)(2) shall be com- pleted. (vii) TRUST FUND.—Not later than December 31, 2019, the United States shall make all deposits into the Trust Fund under section 10702. (viii) CONJUNCTI V E W ELLS.—Not later than December 31, 2019, the funds authorized to be appro- priated under section 10609(b)(1) for the conjunctive use wells authorized under section 10606(b) should be appropriated. (ix) NAVAJO-GALLUP WATER SUPPL Y PROJECT.—Not later than December 31, 2024, the construction of all Project facilities shall be completed. (B) EX TENSION.—A deadline described in subparagraph (A) may be extended if the Nation, the United States (acting through the Secretary), and the State of New M exico (acting Ap p licab ili ty.