[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4108 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 4108
To amend the Colorado River Storage Project Act and Public Law 87-483,
to authorize the construction and rehabilitation of water
infrastructure in Northwestern New Mexico, to authorize the use of the
reclamation fund to fund the Reclamation Water Settlements Fund, to
authorize the conveyance of certain Reclamation land and
infrastructure, to authorize the Commissioner of Reclamation to provide
for the delivery of water, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2006
Mr. Bingaman introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Colorado River Storage Project Act and Public Law 87-483,
to authorize the construction and rehabilitation of water
infrastructure in Northwestern New Mexico, to authorize the use of the
reclamation fund to fund the Reclamation Water Settlements Fund, to
authorize the conveyance of certain Reclamation land and
infrastructure, to authorize the Commissioner of Reclamation to provide
for the delivery of water, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Northwestern New
Mexico Rural Water Projects Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Compliance with environmental laws.
TITLE I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND
PUBLIC LAW 87-483
Sec. 101. Amendments to the Colorado River Storage Project Act.
Sec. 102. Amendments to Public Law 87-483.
Sec. 103. Effect on Federal water law.
TITLE II--RECLAMATION WATER SETTLEMENTS FUND
Sec. 201. Reclamation Water Settlements Fund.
TITLE III--NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY PROJECT
Sec. 301. Purposes.
Sec. 302. Authorization of Northwestern New Mexico Rural Water Supply
Project.
Sec. 303. Delivery and use of Northwestern New Mexico Rural Water
Supply Project water.
Sec. 304. Project contracts.
Sec. 305. Use of Navajo Nation Municipal Pipeline.
Sec. 306. Authorization of conjunctive use wells.
Sec. 307. San Juan River Irrigation Projects.
Sec. 308. Authorization of appropriations.
TITLE IV--NAVAJO NATION WATER RIGHTS
Sec. 401. Agreement.
Sec. 402. Navajo Nation Water Resources Development Trust Fund.
Sec. 403. Waivers and releases.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(2) Agreement.--The term ``Agreement'' means the agreement
among the State of New Mexico, the Nation, and the United
States setting forth a stipulated and binding agreement signed
by the State of New Mexico and the Nation on April 19, 2005.
(3) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given the term in section 3 of Public
Law 100-585 (102 Stat. 2973), including Ridges Basin Dam, Lake
Nighthorse, the Pipeline, and any other features or
modifications made pursuant to the Colorado Ute Settlement Act
Amendments of 2000 (Public Law 106-554; 114 Stat. 2763A-258).
(4) City.--The term ``City'' means the city of Gallup, New
Mexico.
(5) 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).
(6) 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.
(7) Depletion.--The term ``depletion'' means the depletion
of the flow of the San Juan River stream system in 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.
(8) Draft impact statement.--The term ``Draft Impact
Statement'' means the draft environmental impact statement
prepared by the Bureau of Reclamation for the Project.
(9) Fund.--The term ``Fund'' means the Reclamation Waters
Settlements Fund established by section 201(a).
(10) Hydrologic determination.--The term ``hydrologic
determination'' means the draft hydrologic determination
entitled ``Water Availability from Navajo Reservoir and the
Upper Colorado River Basin for Use in New Mexico,'' prepared by
the Bureau of Reclamation pursuant to section 11 of the Act of
June 13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May
2006.
(11) Nation.--The term ``Nation'' means the Navajo Nation,
a body politic and federally-recognized Indian nation as
provided for in section 101(2) of the Federally Recognized
Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also known
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.
(12) 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).
(13) 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 April 11, 1956 (commonly
known as the ``Colorado River Storage Project Act'') (43 U.S.C.
620 et seq.).
(14) Navajo nation municipal pipeline.--The term ``Navajo
Nation Municipal 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
Valley in New Mexico (including the City of Shiprock), as
authorized by section 15(b) of the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat.
2973; 114 Stat. 2763A-263).
(15) Project.--The term ``Project'' means the Northwestern
New Mexico Rural Water Supply Project (commonly known as the
``Navajo-Gallup Pipeline Project'') authorized under section
302(a), as substantially described as the preferred alternative
in the Draft Impact Statement.
(16) Project participants.--The term ``Project
Participants'' means the City, the Nation, and the Jicarilla
Apache Nation.
(17) Resolution.--The term ``Resolution'' means the
Resolution of the Upper Colorado River Commission entitled
``Use and Accounting of Upper Basin Water Supplied to the Lower
Basin in New Mexico by the Proposed Project'' and dated June
17, 2003.
(18) San juan river recovery implementation program.--The
term ``San Juan River Recovery Implementation Program'' means
the intergovernmental program established pursuant to the
cooperative agreement dated October 21, 1992 (including any
amendments to the program).
(19) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation
or any other designee.
(20) Stream adjudication.--The term ``stream adjudication''
means the general stream adjudication that is the subject of
New Mexico v. United States, et al., No. 75-185 (11th Jud.
Dist., San Juan County, New Mexico) (involving claims to waters
of the San Juan River and the tributaries of that river).
(21) Trust fund.--The term ``Trust Fund'' means the Navajo
Nation Water Resources Development Trust Fund established by
section 402(a).
SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Effect of Execution of Agreement.--The execution of the
Agreement under section 401(a)(2) shall not constitute a major Federal
action under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(b) Compliance With Environmental Laws.--In carrying out this Act,
the Secretary shall comply with each law of the Federal Government
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.).
TITLE I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND
PUBLIC LAW 87-483
SEC. 101. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.
(a) Participating Projects.--Paragraph (2) of the first section of
the Act of April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620(2)) is amended by inserting ``the
Northwestern New Mexico Rural Water Supply Project,'' after ``Fruitland
Mesa,''.
(b) Powerplant Operations.--Section 7 of the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'') (43
U.S.C. 620f) is amended by adding at the end the following: ``The
Northwestern New Mexico Rural Water Supply Project facilities
constructed under section 302(b) of the Northwestern New Mexico Rural
Water Projects Act may use power produced under this Act and
administered through the Western Area Power Administration. If the
power necessary for operating the Northwestern New Mexico Rural Water
Supply Project is anticipated to be in excess of 22 megawatts, the
Secretary shall consult with the Navajo Nation and power users of the
Colorado River Storage Project to determine methods by which to
minimize the impact of that use on third parties.''.
(c) Navajo Reservoir Water Bank.--The 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
17; and
(2) by inserting after section 15 (43 U.S.C. 620n) the
following:
``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 Law 87-483 (76 Stat. 99).
``(c) The top water bank authorized under subsection (a) shall be
operated in a manner that--
``(1) is consistent with applicable law; 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 Engineer 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 Commission),
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 not
occur, including storage of water under New Mexico State
Engineer File No. 2849;
``(B) water in the top water bank be subject to evaporation
and other losses during storage;
``(C) water in the top water bank be released for delivery
to the owner or assigns of the banked water on request of the
owner, subject to reasonable scheduling requirements for making
the release; and
``(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 releases
required under the San Juan River Recovery Implementation
Program.
``(e) The 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 United States in administering the water bank.''.
SEC. 102. AMENDMENTS TO PUBLIC LAW 87-483.
(a) Navajo Indian Irrigation Project.--Public Law 87-483 (76 Stat.
96) is amended by striking section 2 and inserting the following:
``Sec. 2. (a) In accordance with the Act of April 11, 1956
(commonly known as the `Colorado River Storage Project Act') (43 U.S.C.
620 et seq.), the Secretary of the Interior may 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 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 be
more than 15 percent of the average diversion determined under
paragraph (1).
``(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 Implementation
Program authorized by Public Law 106-392 (114 Stat. 1602).
``(2) Domestic, industrial, or commercial purposes relating
to agricultural production and processing.
``(3) The generation of hydroelectric power as an incident
to the diversion of water by the Navajo Indian Irrigation
Project for authorized purposes.
``(4) The implementation of the alternate water source
provisions described in subparagraph 9.2 of the agreement
executed under section 401(a)(2) of the Northwestern New Mexico
Rural Water Projects Act.
``(d) The Navajo Indian 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 401(a)(2) of the
Northwestern New Mexico Rural Water Projects Act;
``(2) the contract executed under section 304(a)(2)(B) of
the Northwestern New Mexico Rural Water Projects Act; and
``(3) any other applicable law.
``(e)(1) The Secretary may use the capacity of the Navajo Indian
Irrigation Project works to convey water supplies for--
``(A) the Northwestern New Mexico Rural Water Supply
Project under section 302 of the Northwestern New Mexico Rural
Water Projects Act; or
``(B) other nonirrigation purposes authorized under
subsection (c) or (d).
``(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 under paragraph (1).''.
(b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-483 (76
Stat. 100) is amended by adding at the end the following:
``(d)(1) For 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 Juan 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 the demand for delivery for
uses in the State of Arizona under the Northwestern New Mexico
Rural Water Supply Project authorized by section 302(a) of the
Northwestern New Mexico Rural Water Projects Act, but excluding
any current demand for surface water for placement into aquifer
storage for future recovery and use.
``(C) An annual normal diversion demand of 135,000 acre-
feet for the initial stage of the San Juan-Chama Project
authorized by section 8.
``(2) The Secretary shall not include in the normal diversion
requirements--
``(A) the quantity of water that reliably can be
anticipated to be diverted or delivered under a contract from
inflows to the San Juan River arising below Navajo Dam under
New Mexico State Engineer File No. 3215; or
``(B) the quantity of water anticipated to be supplied
through reuse.
``(3) If the State of New Mexico determines that water uses under
Navajo Reservoir water supply contracts or diversions by the San Juan-
Chama Project need to be reduced in any 1 year for the State to comply
with the Upper Colorado River Basin Compact, as consented to by the Act
of April 6, 1949 (63 Stat. 31, chapter 48), the Secretary shall reduce
the normal diversion requirements for the year to reflect the water use
or diversion limitations imposed by the State of New Mexico.
``(e)(1) If the Secretary determines that there is a shortage of
water under subsection (a), the Secretary shall allocate the shortage
to the demands on the Navajo Reservoir water supply in the following
order of priority:
``(A) The demand for delivery for uses in the State of
Arizona under the Northwestern New Mexico Rural Water Supply
Project authorized by section 303 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
paragraph 8.2 of the agreement executed under section 401(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
determined 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 allocates
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 bank in
Navajo Reservoir established under section 16(a) of the Act of April
11, 1956 (commonly known as the `Colorado River Storage Project Act').
``(f) The Secretary of the Interior shall apply the sharing and
apportionment of water determined 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 subsections
(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 Secretary from
reallocating water for any year, including a year in which a shortage
is determined under subsection (a), in accordance with cooperative
water agreements between water users providing for a sharing of water
supplies.
``(i) Any water available for diversion under New Mexico State
Engineer File No. 3215 shall be distributed, to the maximum extent
practicable, in proportionate amounts to the diversion demands of all
contractors and subcontractors of the Navajo Reservoir water supply
that are diverting water below Navajo Dam.''.
SEC. 103. EFFECT ON FEDERAL WATER LAW.
Unless expressly provided in this Act, nothing in this Act
modifies, conflicts with, preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat.
774, chapter 643);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(4) the Act of September 30, 1968 (commonly known as the
``Colorado River Basin Project Act'') (82 Stat. 885);
(5) Public Law 87-483 (76 Stat. 96);
(6) the Treaty between the United States of America and
Mexico representing utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(7) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 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 Energy and Water Development
Appropriations Act, 2005 (118 Stat. 2949).
TITLE II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 201. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment.--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) Deposits to Fund.--
(1) In general.--For each of fiscal years 2018 through
2028, the Secretary of the Treasury shall deposit in the Fund
$90,000,000 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) Availability of 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 that is contained in--
(i) any settlement that is approved by
Congress; or
(ii) any other provision of law.
(c) Expenditures From Fund.--
(1) In general.--For each of fiscal years 2018 through
2030, on request by the Secretary pursuant to paragraphs (2)
and (3), the Secretary of the Treasury shall transfer from the
Fund to the Secretary an amount not to exceed $90,000,000 for
the fiscal year to implement water-related judicial settlements
or other agreements involving the Bureau of Reclamation that
are approved by Congress.
(2) Requests.--The Secretary may request a transfer from
the Fund to implement a settlement agreement approved by
Congress that resolves, in whole or in part, litigation
involving the United States or any other agreement approved by
Congress that is entered into by the Secretary, if the
agreement requires the Bureau of Reclamation to plan, design,
and construct--
(A) water supply infrastructure; or
(B) a project--
(i) to rehabilitate a water delivery system
to conserve water; or
(ii) to restore fish or wildlife habitat or
otherwise improve environmental conditions
associated with or affected by a reclamation
project that is in existence on the date of
enactment of this Act.
(3) Use for completion of project.--
(A) Priorities.--
(i) First priority.--The first priority for
expenditure of amounts in the Fund shall be for
the purposes described in subparagraph (B).
(ii) Other purposes.--Any amounts in the
Fund that are not needed for the purposes
described in subparagraph (B) may be used for
other purposes authorized in paragraph (2).
(B) Expedited completion of project.--Effective
beginning January 1, 2018, if, in the judgment of the
Secretary, the deadline described in section
401(f)(1)(A)(ix) is unlikely to be met because a
sufficient amount of funding is not otherwise available
through appropriations made available pursuant to
section 308(a), the Secretary shall request the
Secretary of the Treasury to transfer from the Fund to
the Secretary such amounts (subject to paragraph (1))
as are necessary to pay the Federal share of the costs,
and substantially complete as expeditiously as
practicable, the construction of the water supply
infrastructure authorized as part of the Project.
(C) Prohibited use of fund.--The Secretary shall
not use any amount transferred from the Fund under
subparagraph (A) to carry out any other feature or
activity described in title IV other than a feature or
activity relating to the construction of the water
supply infrastructure authorized as part of the
Project.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required 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 Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(f) Termination.--On September 30, 2030--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the general fund of the Treasury.
TITLE III--NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY PROJECT
SEC. 301. PURPOSES.
The purposes of this subtitle are--
(1) to authorize the Secretary to construct the
Northwestern New Mexico Rural Water Supply Project;
(2) to allocate the water supply for the Project among the
Nation, the city of Gallup, New Mexico, and the Jicarilla
Apache Nation; and
(3) to authorize the Secretary to enter into Project
repayment contracts with the city of Gallup and the Jicarilla
Apache Nation.
SEC. 302. AUTHORIZATION OF NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY
PROJECT.
(a) In General.--The Secretary, acting through the Commissioner of
Reclamation, may design, construct, operate, and maintain the Project
in substantial accordance with the preferred alternative in the Draft
Impact Statement.
(b) Project Facilities.--To provide for the delivery of San Juan
River water to Project Participants, the Secretary may construct,
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 Kirtland, New Mexico.
(2)(A) A main pipeline from the San Juan River near
Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New
Mexico, which follows United States Highway 491.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino,
New Mexico, which follows United States Highway 550.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(4)(A) Lateral 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,
power substation, power distribution works, or other
appurtenant works (including a building or access road) that is
related to the Project facilities authorized by paragraphs (1)
through (4), including power transmission facilities to connect
Project facilities to existing high-voltage transmission
facilities.
(c) Acquisition of Land.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary to construct, operate, and maintain the Project
facilities authorized under subsection (b).
(2) Limitation.--The Secretary may not condemn water rights
for purposes of the Project.
(d) Conditions.--
(1) In general.--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
Contract;
(B) the contracts authorized under section 304 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 State of New Mexico has made arrangements
with the Secretary to contribute $25,000,000 toward the
construction costs of the Project.
(2) Cost sharing.--State contributions required under
paragraph (1)(D) shall be in addition to amounts that the State
of New Mexico contributes for the planning and construction of
regional facilities to distribute Project water to the City and
surrounding Nation communities before the date on which the
City executes a repayment contract under section 304(b).
(3) Effect.--The design and construction of the Project
shall not be subject to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
(e) Conveyance of Project Facilities.--
(1) In general.--The Secretary may enter into separate
agreements with the City and the Nation to convey each Project
facility authorized under subsection (b) to the City and the
Nation after--
(A) completion of construction of the Project; and
(B) execution 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 subtitle;
(ii) requirements acceptable to the
Secretary and the Project Participants for--
(I) the distribution of water under
the Project; and
(II) the allocation and payment of
annual operation, maintenance, and
replacement costs of the Project 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, 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
necessary to administer and
fulfill the conditions of the
Contract executed under section
304(a)(2)(B).
(2) Conveyance to the city of gallup or navajo nation.--In
conveying a Project facility under this subsection, the
Secretary shall convey to--
(A) the City the facilities and any land or
interest in land acquired by the United States for the
construction, operation, and maintenance of the Project
that are located within the corporate boundaries of the
City; and
(B) the Nation the facilities and any land or
interests in land acquired by the United States for the
construction, operation, and maintenance of the Project
that are located outside the corporate boundaries of
the City.
(3) Effect of conveyance.--The conveyance of each Project
facility shall not affect the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the
use of the water associated with the Project.
(4) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of any Project
facility, the Secretary shall submit to the Committee on
Resources of the House of Representatives and to the Committee
on Energy and Natural Resources of the Senate notice of the
conveyance of each Project facility.
(f) Colorado River Storage Project Power.--The conveyance of
Project facilities under subsection (e) shall not affect the
availability of Colorado River Storage Project power to the Project
under section 7 of the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620f).
(g) Regional Use of Project Facilities.--
(1) In 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 303(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 a fee established by
the Secretary to assist in the recovery of any
capital cost relating 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 Jicarilla Apache Nation shall not alter the construction
repayment requirements or the operation, maintenance, and
replacement payment requirements of the Project Participants.
SEC. 303. DELIVERY AND USE OF NORTHWESTERN NEW MEXICO RURAL WATER
SUPPLY PROJECT WATER.
(a) Use of Project Water.--
(1) In general.--In accordance with this Act 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.--Hydroelectric power may be
generated as an incident to the delivery of Project water under
paragraph (1).
(4) Storage.--
(A) In general.--Subject 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 Project for placement in underground
storage in the State of New Mexico for future recovery
and use.
(B) State approval.--Delivery of water under
subparagraph (A) is subject to--
(i) approval by the State of New Mexico
under applicable provisions of State law
relating to aquifer storage and recovery; and
(ii) the provisions of the Agreement and
this Act.
(b) Project Water and Capacity Allocations.--
(1) Diversion.--The Project shall divert from the Navajo
Reservoir and the San Juan River a quantity of water that does
not exceed the lesser of--
(A) 37,760 acre-feet of water; or
(B) the quantity of water necessary to supply a
depletion from the San Juan River of 35,890 acre-feet.
(2) Allocation.--
(A) In general.--Water diverted under paragraph (1)
shall be allocated to the Project Participants in
accordance with subparagraphs (B) through (E), other
provisions of this Act, and other applicable law.
(B) Allocation to the city of gallup.--The Project
shall deliver at the point of diversion from the San
Juan River not more than 7,500 acre-feet of water for
use by the City.
(C) Allocation to navajo nation communities in new
mexico.--For use by the Nation in the State of New
Mexico, the Project shall deliver at the points of
diversion from the San Juan River or at Navajo
Reservoir 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) Allocation to navajo nation communities in
arizona.--In accordance with subsection (d), the
Project may deliver at the point of diversion from the
San Juan River not more than 6,411 acre-feet of water
for use by the Nation in the State of Arizona.
(E) Allocation to jicarilla apache nation.--The
Project shall deliver at Navajo Reservoir not more than
1,200 acre-feet of water for use by the Jicarilla
Apache Nation in the southern portion of the Jicarilla
Apache Nation Reservation in the State of New Mexico.
(3) Use in excess of allocation quantity.--Notwithstanding
each allocation quantity limit described in subparagraphs (B),
(C), and (E) of paragraph (2), the Secretary may authorize a
Project Participant to exceed the allocation quantity limit of
that Project Participant if--
(A) capacity is available without impairing any
water delivery to any other Project Participant; and
(B) the Project Participant benefitting from the
increased allocation quantity--
(i) has the right to use the additional
water;
(ii) agrees to pay the operation,
maintenance, and replacement costs relating to
the additional use any Project facility; and
(iii) agrees to pay a fee established by
the Secretary to assist in recovering capital
costs relating to that additional use.
(c) Sources of Water.--The sources of water for the Project
allocated by subsection (b) shall be water originating in--
(1) drainage of the San Juan River above Navajo Dam, to be
supplied under New Mexico State Engineer File No. 2849; and
(2) inflow to the San Juan River arising below Navajo Dam,
to be supplied under New Mexico State Engineer File No. 3215.
(d) Conditions for Use in Arizona.--
(1) Requirements.--Project water shall not be delivered for
use by any community of the Nation in the State of Arizona
under subsection (b)(2)(D) until the date on which--
(A) the Secretary determines by hydrologic
investigation that sufficient water is reasonably
likely to be available to supply uses from water of the
Colorado River system allocated to the State of
Arizona;
(B) the Secretary submits to Congress the
determination described in subparagraph (A);
(C) the Secretary determines that the uses in the
State of Arizona are within the apportionment of the
water of the Colorado River made to the State of
Arizona through compact, statute, or court decree;
(D) Congress has approved a Navajo Reservoir supply
contract between the Nation and the United States to
provide for the delivery of Project water for the uses
in Arizona;
(E) the Navajo Nation and the State of Arizona have
entered into an agreement providing for delivery of
water of the Project for uses in Arizona; and
(F) any other determination is made as may be
required by the Compact.
(2) Accounting of uses in arizona.--Any depletion of water
from the San Juan River stream system in the State of New
Mexico that results from the diversion of water by the Project
for uses within the State of Arizona (including depletion
incidental to the diversion, impounding, or conveyance of water
in the State of New Mexico for uses in the State of Arizona)--
(A) shall be accounted for as a part of the
Colorado River System apportionments to the State of
Arizona; and
(B) shall not increase the total quantity of water
to which the State of Arizona is entitled to use under
any compact, statute, or court decree.
(e) Forbearance.--
(1) In general.--Subject to paragraphs (2) and (3), during
any year in which a shortage to the normal diversion
requirement for any use relating to the Project within the
State of Arizona occurs (as determined under section 11 of
Public Law 87-483 (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) Limitation of forbearance.--The Nation may forebear the
delivery of water under paragraph (1) of a quantity not
exceeding the quantity of the shortage to the normal diversion
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 relating to
accounting and water quantity described in subsection (d)(2).
(f) Effect.--Nothing in this Act--
(1) authorizes the marketing, 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 (e).
(g) Consistency With Upper Colorado River Basin Compact.--
Notwithstanding any other provision of law, in accordance with the
Resolution, water diverted by the Project for use in the Lower Colorado
River Basin in the State of New Mexico shall be a part of the
consumptive use apportionment made to the State of New Mexico by
Article III(a) of the Compact.
SEC. 304. PROJECT CONTRACTS.
(a) Navajo Nation Contract.--
(1) Hydrologic determination.--Congress recognizes that the
Hydrologic Determination satisfactory to support approval of
the Contract has been completed.
(2) Contract approval.--
(A) Approval.--
(i) In general.--Except to the extent that
any provision of the Contract conflicts with
this Act, Congress approves, ratifies, and
incorporates by reference the Contract.
(ii) Amendments.--To the extent any
amendment is executed to make the Contract
consistent with this Act, that amendment is
authorized, ratified, and confirmed.
(B) Execution 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 Act (including any amendment that is
required to make the Contract consistent with this
Act).
(3) No repayment obligation.--The Nation is not obligated
to repay--
(A) any share of the construction costs of the
Nation relating to the Project authorized by section
302(a); or
(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 community under the Project.
(4) Operation, maintenance, and replacement obligation.--
Subject to subsection (f), 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) Limitation, cancellation, termination, and
rescission.--The Contract may be limited by a term of years,
canceled, terminated, or rescinded only by an Act of Congress.
(b) City of Gallup Contract.--
(1) Contract authorization.--To the extent consistent with
this Act, the Secretary may enter into a repayment contract
with the City that requires the City--
(A) to repay, within a 50-year period, the share of
any construction cost of the City relating to the
Project; and
(B) to pay the operation, maintenance, and
replacement costs of the Project that are allocable to
the City.
(2) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the share of the construction
costs of the City relating to the Project, based on the
ability of the City to pay the construction costs of
each facility of the Project that is allocable to the
City.
(B) Minimum percentage.--The share of the
construction costs of the City shall be at least 25
percent of the construction costs of the Project that
are allocable to the City
(3) Excess construction costs.--Any construction costs of
the Project allocable to providing capacity to deliver water to
the City that are in excess of the share of the City of the
construction costs of the Project, as determined under
paragraph (2), shall be nonreimbursable.
(4) Grant funds.--A grant from any other Federal source
shall not be credited toward the amount required to be repaid
by the City under a repayment contract.
(5) Title transfer.--If title is transferred to the City
prior to repayment under section 302(e), the City shall be
required to provide assurances satisfactory to the Secretary of
fulfillment of the remaining repayment obligation of the City.
(6) Operation, maintenance and replacement obligation.--The
City shall pay the operation, maintenance, and replacement
costs for each facility of the Project that is allocable to the
City.
(7) Water delivery subcontract.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall not enter into a contract
under paragraph (1) with the City until the City has
secured a water supply for the portion of the Project
for which the City is responsible 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, but for a period
not exceeding 99 years, with--
(i) the Nation, as authorized by the
Contract; or
(ii) the Jicarilla Apache Nation, as
authorized by the settlement contract between
the United States and the Jicarilla Apache
Tribe, authorized by the Jicarilla Apache Tribe
Water Rights Settlement Act (Public Law 102-
441; 106 Stat. 2237).
(B) Effect.--Nothing in this paragraph--
(i) prevents the City from obtaining an
alternate source of water for the portion of
the Project for which the City is responsible,
subject to approval of the Secretary and the
State of New Mexico, acting through the New
Mexico Interstate Stream Commission and the New
Mexico State Engineer; or
(ii) obligates the Nation or the Jicarilla
Apache Nation to enter into a water delivery
subcontract with the City.
(c) Jicarilla Apache Nation Contract.--
(1) Contract authorization.--To the extent consistent with
this Act, the Secretary may enter into a repayment contract
with the Jicarilla Apache Nation that requires the Jicarilla
Apache Nation--
(A) to repay, within a 50-year period, the share of
any construction cost of the Jicarilla Apache Nation
relating to the Project; and
(B) to pay the operation, maintenance, and
replacement costs of the Project that are allocable to
the Jicarilla Apache Nation.
(2) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the share of the Jicarilla
Apache Nation of the construction costs of the Project,
based on the ability of the Jicarilla Apache Nation to
pay the construction costs of the Project facilities
that are allocable to the Jicarilla Apache Nation.
(B) Minimum percentage.--The share of the Jicarilla
Apache Nation under subparagraph (A) shall be at least
25 percent of the construction costs of the Project
that are allocable to the Jicarilla Apache Nation.
(3) Excess construction costs.--Any construction costs of
the Project allocable to providing capacity to deliver water to
the Jicarilla Apache Nation that are in excess of the share of
the Jicarilla Apache Nation of the construction costs of the
Project, as determined under paragraph (2), shall be
nonreimbursable.
(4) Grant funds.--A grant from any other Federal source
shall not be credited toward the share of the Jicarilla Apache
Nation of construction costs.
(5) Navajo 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.
(6) Operation, maintenance and replacement obligation.--The
Jicarilla Apache Nation shall pay the operation, maintenance,
and replacement costs relating to each facility of the Project
that are allocable to the Jicarilla Apache Nation.
(d) Capital Cost Allocations.--For purposes of determining the
capital repayment requirements of the Project Participants under this
section, the Secretary shall review and, as appropriate, update the
report prepared by the Bureau of Reclamation in the Draft Impact
Statement allocating capital construction costs for the Project.
(e) Operation, Maintenance, and Replacement Cost Allocations.--For
purposes of determining the operation, maintenance, and replacement
obligations of the Project Participants under this section, the
Secretary shall review and, as appropriate, update the report prepared
by the Bureau of Reclamation in the Draft Impact Statement that
allocates operation, maintenance, and replacement costs for the
Project.
(f) Temporary Waivers of Payments.--
(1) In general.--On the date on which the Project is
substantially complete and the Nation receives a delivery of
water generated by the Project, the Secretary may waive, for a
period of not more than 10 years, the operation, maintenance,
and replacement costs of the Project allocable to the Nation
that the Secretary determines are in excess of the ability of
the Nation to pay.
(2) Payment by united states.--Any operation, maintenance,
or replacement costs waived by the Secretary under paragraph
(1) shall be paid by the United States.
(3) Effect on contracts.--Failure of the Secretary to waive
costs under paragraph (1) because of a lack of availability of
Federal funding to pay the costs under paragraph (2) shall not
alter the obligations of the Nation or the United States under
a repayment contract.
(4) Termination of authority.--The authority of the
Secretary to waive costs under paragraph (1) with respect to a
Project facility transferred to the Nation under section 302(e)
shall terminate on the date on which the Project facility is
transferred.
SEC. 305. USE OF NAVAJO NATION MUNICIPAL PIPELINE.
In addition to use of the Navajo Nation Municipal Pipeline to
convey the Animas-La Plata Project water of the Nation, the Nation may
use the Navajo Nation Municipal Pipeline to convey water for other
purposes (including purposes relating to the Project).
SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
(a) Conjunctive Groundwater Development Plan.--Not later than 1
year after the date of enactment of this Act, the Nation, in
consultation with the Secretary, shall complete a conjunctive
groundwater development plan for the wells described in subsections (b)
and (c).
(b) Wells in the San Juan River Basin.--In 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 Mexico for municipal and domestic uses.
(c) Wells in the Little Colorado and Rio Grande Basins.--
(1) In general.--In accordance with the Project and
conjunctive groundwater development plan for the Nation, the
Secretary may construct or rehabilitate wells and related
pipeline facilities to provide capacity for the diversion and
distribution of--
(A) not more than 680 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
Arizona.
(2) Use.--Groundwater diverted and distributed under
paragraph (1) shall be used for municipal and domestic uses.
(d) Acquisition of Land.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary for the construction, operation, and maintenance of
the wells and related pipeline facilities authorized under
subsections (b) and (c).
(2) Limitation.--Nothing in this subsection authorizes the
Secretary to condemn water rights for the purposes described in
paragraph (1).
(e) Condition.--The Secretary shall not commence any construction
activity relating to the wells described in subsections (b) and (c)
until the Secretary executes the Agreement.
(f) Conveyance of Wells.--
(1) In general.--The Secretary shall enter into an
agreement with the Nation to convey to the Nation--
(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) Operation, maintenance, and replacement.--On completion
of a conveyance under paragraph (1), the Nation shall assume
responsibility for the operation, maintenance, and replacement
of the well or related pipeline facility conveyed.
(3) Effect of conveyance.--The conveyance to the Nation of
the conjunctive use wells under paragraph (1) shall not affect
the application of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(g) Use of Project Facilities.--The capacities of the treatment
facilities, main pipelines, and lateral pipelines of the Project
authorized by section 302(b) may be used to treat and convey
groundwater to Nation communities if the Nation provides for payment of
the operation, maintenance, and replacement costs associated with the
use of the facilities or pipelines.
(h) Limitations.--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. 307. SAN JUAN RIVER IRRIGATION PROJECTS.
(a) Rehabilitation.--Subject to subsection (b), the Secretary shall
rehabilitate--
(1) the Fruitland-Cambridge Irrigation 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 Hogback-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) Condition.--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 executes the Agreement.
(c) Operation, Maintenance, and Replacement Obligation.--Upon the
date of completion of the rehabilitation, the Nation shall assume the
obligations for the operation, maintenance, and replacement of each
facility rehabilitated under this section.
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Northwestern New Mexico
Rural Water Supply Project.--
(1) In general.--There is authorized to be appropriated to
the Secretary to construct the Project such sums as are
necessary for the period of fiscal years 2008 through 2022.
(2) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of
changes since 2005 in construction costs, as indicated by
engineering cost indices applicable to the types of
construction involved.
(3) Use.--In addition to the uses authorized under
paragraph (1), amounts made available under that paragraph may
be used for the conduct of related activities to comply with
Federal environmental laws.
(b) Appropriations for Conjunctive Use Wells.--
(1) San juan wells.--There is authorized to be appropriated
to the Secretary for the construction or rehabilitation of
conjunctive use wells under section 306(b) $30,000,000, as
adjusted under paragraph (3), for the period of fiscal years
2008 through 2018.
(2) Wells in the little colorado and rio grande basins.--
There is authorized to be appropriated to the Secretary for the
construction or rehabilitation of conjunctive use wells under
section 306(c) such sums as are necessary for the period of
fiscal years 2008 through 2024.
(3) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of
changes since 2004 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 nonreimbursable to the
United States.
(5) Use.--In addition to the uses authorized under
paragraphs (1) and (2), amounts made available under that
paragraph may be used for the conduct of related activities to
comply with Federal environmental laws.
(c) San Juan River Irrigation Projects.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out subsection 307(a)(1), not more
than $7,700,000, as adjusted under paragraph (2), for
the period of fiscal years 2008 through 2014; and
(B) to carry out subsection 307(a)(2), not more
than $15,400,000, as adjusted under paragraph (2), for
the period of fiscal years 2008 through 2017.
(2) Adjustment.--The amounts made available under paragraph
(1) shall be adjusted by such amounts as may be required 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 rehabilitation.
(3) Nonreimbursable expenditures.--Amounts made available
under this subsection shall be nonreimbursable to the United
States.
(d) Cultural Resources.--
(1) In general.--The Secretary may use not more than 4
percent of amounts made available under subsections (a) and (b)
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 and
nonreturnable to the United States.
(e) Fish and Wildlife 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) and (b) to
purchase land and construct and maintain facilities to mitigate
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 and nonreturnable
to the United States.
TITLE IV--NAVAJO NATION WATER RIGHTS
SEC. 401. AGREEMENT.
(a) Agreement Approval.--
(1) Approval by congress.--Except to the extent that any
provision of the Agreement conflicts with this Act, Congress
approves, ratifies, and incorporates by reference the Agreement
(including any amendments to the Agreement that are executed to
make the Agreement consistent with this Act).
(2) Execution by secretary.--The Secretary, acting on
behalf of the United States, shall enter into the Agreement to
the extent that the Agreement does not conflict with this Act,
including--
(A) any exhibits to the Agreement requiring the
signature of the Secretary; and
(B) any amendments to the Agreement necessary to
make the Agreement consistent with this Act.
(3) Authority of secretary.--The Secretary may carry out
any action that the Secretary determines is necessary or
appropriate to implement the Agreement, the Contract, and this
section.
(4) Administration of navajo reservoir releases.--The State
of New Mexico may administer releases of stored water from
Navajo Reservoir in accordance with subparagraph 9.1 of the
Agreement.
(b) Water Available Under Contract.--
(1) Quantities of water available.--
(A) In general.--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 Juan River (including tributaries of the River)
under New Mexico State Engineer File Numbers 2849,
2883, and 3215 in the quantities described in
subparagraph (B).
(B) Water quantities.--The quantities of water
referred to in subparagraph (A) are as follows:
------------------------------------------------------------------------
Diversion Depletion
(acre- (acre-
feet/ feet/
year) year)
------------------------------------------------------------------------
Navajo Indian Irrigation Project 508,000 270,000
Northwestern New Mexico Rural Water Supply Project 22,650 20,780
Animas-La Plata Project 4,680 2,340
Total 535,330 293,120
------------------------------------------------------------------------
(C) Maximum 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
diversion and use of water under the Contract shall be
subject to and consistent with the terms, conditions,
and limitations of the Agreement, this Act, 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--
(A) use tail water, wastewater, and return flows
attributable to a use of the water by the Nation or a
subcontractor of the Nation if--
(i) the depletion of water does not exceed
the quantities described in paragraph (1); and
(ii) the use of tail water, wastewater, or
return flows is consistent with the terms,
conditions, and limitations of the Agreement,
the Resolution, and any other applicable law;
and
(B) change a point of diversion, change a purpose
or place of use, and transfer a right for depletion
under this Act (except for a point of diversion,
purpose or place of use, or right for depletion for use
in the State of Arizona under section 303(b)(2)(D)), to
another use, purpose, place, or depletion in the State
of New Mexico to meet a water resource or economic need
of the Nation if--
(i) the change or transfer is subject to
and consistent with the terms of the Agreement,
the Partial Final Decree described in paragraph
3.0 of the Agreement, the Contract, and any
other applicable law; and
(ii) a change or transfer of water use by
the Nation does not alter any obligation of the
United States, the Nation, or another party to
pay or repay project construction, operation,
maintenance, or replacement costs under this
Act and the Contract.
(c) Subcontracts.--
(1) In general.--
(A) Subcontracts between nation and third
parties.--The 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) Approval required.--A subcontract entered into
under subparagraph (A) shall not be effective until
approved by the Secretary in accordance with this
subsection and the Contract.
(C) Submittal.--The Nation shall submit to the
Secretary for approval or disapproval any subcontract
entered into under this subsection.
(D) Deadline.--The Secretary shall approve or
disapprove a subcontract submitted to the Secretary
under subparagraph (C) not later than the later of--
(i) the date that is 180 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 Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)); and
(II) any other requirement of
Federal law.
(E) Enforcement.--A party to a subcontract may
enforce the deadline described in subparagraph (D)
under section 1361 of title 28, United States Code.
(F) Compliance with other law.--A subcontract
described in subparagraph (A) shall comply with the
Agreement, the Partial Final Decree described in
paragraph 3.0 of the Agreement, and any other
applicable law.
(2) Alienation.--
(A) Permanent alienation.--The Nation shall not
permanently alienate any right granted to the Nation
under the Contract.
(B) Maximum term.--The term of any water use
subcontract (including a renewal) under this subsection
shall be not more than 99 years.
(3) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
subcontracting rights of the Nation; and
(B) is deemed to fulfill any requirement that may
be imposed by section 2116 of the Revised Statutes (25
U.S.C. 177).
(4) Forfeiture.--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) Water Leases Not Requiring Subcontracts.--
(1) Authority of nation.--
(A) In 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 Mexico (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 subject 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
Partial Final Decree described in paragraph 4.0 of the
Agreement, 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
Agreement.
(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) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
lease, contracting, and transfer of any water right
described in paragraph (1)(A); and
(B) is deemed to fulfill any requirement that may
be imposed by the provisions of section 2116 of the
Revised Statutes (25 U.S.C. 177).
(4) Forfeiture.--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) Hydrographic Survey.--
(1) Preparation.--The Secretary, on behalf of the United
States, shall prepare a hydrographic survey under the joint
supervision of the Secretary and the State of New Mexico
(acting through the New Mexico State Engineer) to identify and
quantify any historic or existing diversion or use of water
(including from surface water and underground water sources) by
the Nation or a member of the Nation from the San Juan River
Basin in the State of New Mexico, as described in subparagraph
4.2 of the Agreement.
(2) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B), there
is authorized to be appropriated to the Bureau of
Indian Affairs to carry out paragraph (1) $5,000,000
for the period of fiscal years 2008 through 2013.
(B) Adjustment.--The amounts made available under
subparagraph (A) shall be adjusted by such amounts as
are necessary to account for increases in the costs of
preparing a hydrographic survey after January 1, 2004,
as determined using cost indices applicable to the
types of technical and engineering work involved in
preparing the hydrographic survey.
(C) Nonreimbursable expenditures.--Any amounts made
available under this paragraph shall be nonreimbursable
to the United States.
(f) Nullification.--
(1) Deadlines.--
(A) In general.--In carrying out this section, the
following deadlines apply with respect to
implementation of the Agreement:
(i) Agreement.--Not later than December 31,
2008, the Secretary shall execute the
Agreement.
(ii) Contract.--Not later than December 31,
2009, the Secretary and the Nation shall
execute the Contract.
(iii) Partial final decree.--Not later than
December 31, 2012, the court in the stream
adjudication shall have entered the Partial
Final Decree described in paragraph 3.0 of the
Agreement.
(iv) Hydrographic survey.--Not later than
December 31, 2013, the Secretary shall complete
the hydrographic survey described in subsection
(e).
(v) Fruitland-cambridge irrigation
project.--Not later than December 31, 2014, the
rehabilitation construction of the Fruitland-
Cambridge Irrigation Project authorized under
section 307(a)(1) shall be completed.
(vi) Supplemental partial final decree.--
Not later than December 31, 2015, the court in
the stream adjudication shall enter the
Supplemental Partial Final Decree described in
subparagraph 4.0 of the Agreement.
(vii) Hogback-cudei irrigation project.--
Not later than December 31, 2017, the
rehabilitation construction of the Hogback-
Cudei Irrigation Project authorized under
section 307(a)(2) shall be completed.
(viii) Trust fund.--Not later than December
31, 2018, the United States shall make all
deposits into the Trust Fund under section 402.
(ix) Northwestern new mexico rural water
supply project.--Not later than December 31,
2022, the construction of all Project
facilities shall be completed.
(x) Conjunctive wells.--Not later than
December 31, 2018, the funds authorized to be
appropriated under section 308(b)(1) for the
conjunctive use wells authorized under section
306(b) should be appropriated.
(B) Extension.--A deadline described in
subparagraph (A) may be extended if the Nation, the
United States (acting through the Secretary), and the
State of New Mexico (acting through the New Mexico
Interstate Stream Commission) agree that an extension
is reasonably necessary.
(2) Revocability of agreement, contract and
authorizations.--
(A) Petition.--If the Nation determines that a
deadline described in paragraph (1)(A) is not
substantially met, the Nation may submit to the court
in the stream adjudication a petition to enter an order
terminating the Agreement and Contract.
(B) Termination.--On issuance of an order to
terminate the Agreement and Contract under subparagraph
(A)--
(i) the Trust Fund shall be terminated;
(ii) the balance of the Trust Fund shall be
deposited in the general fund of the Treasury;
(iii) the authorizations for construction
and rehabilitation of water projects under this
Act shall be revoked and any Federal activity
related to that construction and rehabilitation
shall be suspended; and
(iv) this title and titles I and III shall
be null and void.
(3) Conditions not causing nullification of settlement.--
(A) In general.--If a condition described in
subparagraph (B) occurs, the Agreement and Contract
shall not be nullified or terminated.
(B) Conditions.--The conditions referred to in
subparagraph (A) are as follows:
(i) A lack of right to divert at the
capacities of conjunctive use wells constructed
or rehabilitated under section 306.
(ii) A failure--
(I) to determine or resolve an
accounting of the use of water under
this Act in the State of Arizona;
(II) to obtain a necessary water
right for the consumptive use of water
in Arizona;
(III) to contract for the delivery
of water for use in Arizona; or
(IV) to construct and operate a
lateral facility to deliver water to a
community of the Nation in Arizona,
under the Project.
(4) Rights of the nation.--A tribal right under the
Contract, a water right adjudicated consistent with the
Contract in the stream adjudication by the Partial Final Decree
described in paragraph 3.0 of the Agreement, and any other
tribal water right stipulated, adjudicated, or decreed as
described in the Agreement and this Act shall be held in trust
by the United States in perpetuity for the benefit of the
Nation.
(g) Effect on Rights of Indian Tribes.--
(1) In general.--Except as provided in paragraph (2),
nothing in the Agreement, the Contract, or this section
quantifies or adversely affects the land and water rights, or
claims or entitlements to water, of any Indian tribe or
community other than the rights, claims, or entitlements of the
Nation in, to, and from the San Juan River Basin in the State
of New Mexico.
(2) Exception.--The right of the Nation to use water under
water rights the Nation has in other river basins in the State
of New Mexico shall be forborne to the extent that the Nation
supplies the uses for which the water rights exist by
diversions of water from the San Juan River Basin under the
Project consistent with subparagraph 9.13 of the Agreement.
SEC. 402. TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``Navajo Nation Water Resources Development Trust
Fund'', consisting of--
(1) such amounts as are appropriated to the Trust Fund
under subsection (f); and
(2) any interest earned on investment of amounts in the
Trust Fund under subsection (d).
(b) Use of Funds.--The Nation may use amounts in the Trust Fund--
(1) to investigate, construct, operate, maintain, or
replace water project facilities, including facilities conveyed
to the Nation under this Act; and
(2) to investigate, implement, or improve a water
conservation measure (including a metering or monitoring
activity) necessary for the Nation to make use of a water right
of the Nation under the Agreement.
(c) Management.--The Secretary shall manage the Trust Fund, invest
amounts in the Trust Fund, and make amounts available from the Trust
Fund for distribution to the Nation in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(d) Investment of the Trust Fund.--The Secretary shall invest
amounts in the Trust Fund in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(e) Conditions for Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--Subject to paragraph (7), on
approval by the Secretary of a tribal management plan
in accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.),
the Nation may withdraw all or a portion of the amounts
in the Trust Fund.
(B) Requirements.--In addition to any requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Nation only use
amounts in the Trust Fund for the purposes described in
subsection (b).
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Trust Fund are used in accordance with this Act.
(3) No liability.--Neither the Secretary nor the Secretary
of the Treasury shall be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by the
Nation.
(4) Expenditure plan.--
(A) In general.--The Nation shall submit to the
Secretary for approval an expenditure plan for any
portion of the amounts in the Trust Fund made available
under this section that the Nation does not withdraw
under this subsection.
(B) Description.--The expenditure plan shall
describe the manner in which, and the purposes for
which, funds of the Nation remaining in the Trust Fund
will be used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is
reasonable and consistent with this Act.
(5) Annual report.--The Nation shall submit to the
Secretary an annual report that describes any expenditures from
the Trust Fund during the year covered by the report.
(6) Limitation.--No portion of the amounts in the Trust
Fund shall be distributed to any Nation member on a per capita
basis.
(7) Conditions.--Any amount authorized to be appropriated
to the Trust Fund under subsection (f) shall not be available
for expenditure or withdrawal--
(A) before December 31, 2018; and
(B) until the date on which the court in the stream
adjudication has entered--
(i) the Partial Final Decree described in
paragraph 3.0 of the Agreement; and
(ii) the Supplemental Partial Final Decree
described in paragraph 4.0 of the Agreement.
(f) Authorization of Appropriations.--There is authorized to be
appropriated for deposit in the Trust Fund--
(1) $6,000,000 for each of fiscal years 2008 through 2012;
and
(2) $4,000,000 for each of fiscal years 2013 through 2017.
SEC. 403. WAIVERS AND RELEASES.
(a) Execution.--The Nation, on behalf of itself and members of the
Nation (other than members in their capacity as allottees), and the
United States, acting through the Secretary and in its capacity as
trustee for the Nation, shall execute waivers and releases in
accordance with paragraph 7.0 of the Agreement.
(b) Reservation.--Notwithstanding subsection (a), the Nation and
its members (including members in their capacity as allottees) and the
United States, as trustee for the Nation and allottees, shall retain
the rights and claims specified in paragraph 7.0 of the Agreement.
(c) Effective Date.--
(1) In general.--The waivers and releases described in
subsection (a) shall be effective on the date on which the
Secretary publishes in the Federal Register a statement of
findings documenting that each of the deadlines described in
section 401(f)(1) have been met.
(2) Deadline.--If the deadlines in section 401(f)(1)(A)
have not been met by the later of March 1, 2023, or the date of
any extension under section 401(f)(1)(B)--
(A) the waivers and releases described in
subsection (a) shall be of no effect; and
(B) section 401(f)(2)(B) shall apply.
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