[House Report 114-255]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-255
======================================================================
NEW MEXICO NAVAJO WATER SETTLEMENT TECHNICAL CORRECTIONS ACT
_______
September 8, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany S. 501]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 501) to make technical corrections to the Navajo
water rights settlement in the State of New Mexico, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of S. 501 is to make technical corrections to
the Navajo water rights settlement in the State of New Mexico.
Background and Need for Legislation
S. 501 makes technical corrections and adds some federal
responsibilities to five subsections related to Indian water
projects in New Mexico originally authorized in Title X of
Public Law 111-11. The Water, Power and Oceans Subcommittee
held a hearing on an identical House bill (H.R. 1406) on June
25, 2015.
S. 501 specifically corrects misspellings, citations, and
makes other technical corrections. Section 2 of the bill adds
``design and planning'' activities to the ``construction and
rehabilitation'' financial responsibilities of the federal
government for well drilling in certain locations. The bill
also rearranges spending ceilings for cultural resource
assessments and fish and wildlife facilities affiliated with
the water infrastructure.
Committee Action
S. 501 was introduced on February 12, 2015, by Senator Tom
Udall (D-NM). It passed the Senate without amendment by
unanimous consent on May 21, 2015. The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. On July 8, 2015, the
Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. No amendments
were offered and the bill was ordered favorably reported by
unanimous consent on July 9, 2015.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
S. 501--New Mexico Navajo Water Settlement Technical Corrections Act
S. 501 would amend the Navajo Settlement Act to authorize
the Bureau of Reclamation (bureau) to participate in planning
and designing groundwater well projects in the Navajo Nation in
New Mexico. The bill also would clarify the intent of certain
provisions of that act and shift some amounts of authorized
spending among authorized activities. Based on information from
the bureau and the Bureau of Indian Affairs (BIA), CBO
estimates that implementing the legislation would not have a
significant effect on the federal budget. Because enacting S.
501 would not affect revenues or direct spending, pay-as-you-go
procedures do not apply.
Under current law, the bureau is authorized to construct
and rehabilitate groundwater wells and related pipeline
facilities for municipal and domestic use by the Navajo Nation.
The bureau is also authorized to participate in the planning
and design of groundwater wells, subject to funding from local
sponsors. S. 501 would clarify the bureau's authority to
allocate federal resources to planning and design of such
projects. Based on information from the bureau and the BIA,
those activities would be accommodated under the existing
authorization ceiling for those projects.
S. 501 also would clarify that the Navajo Nation can take
delivery of non-project water but is responsible for any
associated operation and maintenance costs. Finally, S. 501
would reallocate a portion of spending for fish and wildlife
facilities to the preservation of archaeological resources near
water projects. CBO estimates that those changes would have no
significant effect on federal spending.
S. 501 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On March 19, 2015, CBO transmitted a cost estimate for S.
501, the New Mexico Navajo Water Settlement Technical
Corrections Act, as ordered reported by the Senate Committee on
Indian Affairs on February 25, 2015. The two versions of the
legislation are identical, and the CBO cost estimates are the
same.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. According to the
Congressional Budget Office, enactment of this bill ``would not
have a significant effect on the federal budget''.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to make technical corrections to the
Navajo water rights settlement in the State of New Mexico.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
TITLE X--WATER SETTLEMENTS SUBTITLE A--SAN JOAQUIN RIVER RESTORATION
SETTLEMENT
* * * * * * *
Subtitle B--Northwestern New Mexico Rural Water Projects
* * * * * * *
SEC. 10302. DEFINITIONS.
In this subtitle:
(1) Aamodt adjudication.--The term ``Aamodt
adjudication'' means the general stream adjudication
that is the subject of the civil action entitled
``State of New Mexico, ex rel. State Engineer and
United States of America, Pueblo de Nambe, Pueblo de
Pojoaque, Pueblo de San Ildefonso, and Pueblo de
Tesuque v. R. Lee Aamodt, et al.'', No. 66 CV 6639 MV/
LCS (D.N.M.).
(2) Abeyta adjudication.--The term ``Abeyta
adjudication'' means the general stream adjudication
that is the subject of the civil actions entitled
``State of New Mexico v. Abeyta and State of New Mexico
v. [Arrellano] Arellano'', Civil Nos. 7896-BB (D.N.M)
and 7939-BB (D.N.M.) (consolidated).
(3) Acre-feet.--The term ``acre-feet'' means acre-
feet per year.
(4) 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.
(5) Allottee.--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) 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 Navajo
Nation Municipal 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).
(7) City.--The term ``City'' means the city of
Gallup, New Mexico, or a designee of the City, with
authority to provide water to the Gallup, New Mexico
service area.
(8) Colorado river 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 June 25, 1929 (46 Stat. 3000).
(9) Colorado river system.--The term ``Colorado River
System'' has the same meaning given the term in Article
II(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.
(14) Fund.--The term ``Fund'' means the Reclamation
Waters Settlements Fund established by section
10501(a).
(15) Hydrologic determination.--The term ``hydrologic
determination'' means the 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 23, 2007.
(16) Lower basin.--The term ``Lower Basin'' has the
same meaning given the term in Article II(g) of the
Colorado River Compact.
(17) 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.
(18) Navajo-gallup water supply project; project.--
The term ``Navajo-Gallup 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 Draft 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 seq.).
(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 Valley in the State of
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).
(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 final 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.
(24) Project participants.--The term ``Project
Participants'' means the City, the Nation, and the
Jicarilla Apache Nation.
(25) San juan river basin recovery implementation
program.--The term ``San Juan River Basin Recovery
Implementation Program'' means the intergovernmental
program established pursuant to the cooperative
agreement dated October 21, 1992 (including any
amendments to the program).
(26) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the
Commissioner of Reclamation or any other designee.
(27) 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] 75-184 (11th Jud. Dist., San Juan
County, New Mexico) (involving claims to waters of the
San Juan River and the tributaries of that river).
(28) Supplemental partial final decree.--The term
``Supplemental Partial Final Decree'' means a final and
binding judgment and decree entered by a court in the
stream adjudication, 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 Water Resources Development Trust Fund
established by section 10702(a).
(30) Upper basin.--The term ``Upper Basin'' has the
same meaning given the term in Article II(f) of the
Colorado River Compact.
* * * * * * *
PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT
* * * * * * *
SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT
WATER.
(a) Use of Project Water.--
(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
generated as an incident to the delivery of
Project water for authorized purposes under
paragraph (1).
(B) Administration.--Notwithstanding any
other provision of law--
(i) any hydroelectric power generated
under this paragraph shall be used or
marketed by the Nation;
(ii) the Nation shall retain any
revenues from the sale of the
hydroelectric power; and
(iii) the United States shall have no
trust obligation or other obligation to
monitor, administer, or account for the
revenues received by the Nation, or the
expenditure of the revenues.
(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 subtitle.
(b) Project Water and Capacity Allocations.--
(1) Diversion.--Subject to availability and
consistent with Federal and State law, the Project may
divert from the Navajo Reservoir and the San Juan 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) 37,760 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) Project delivery capacity allocations.--
(A) In general.--The 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 the
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 communities in new mexico.--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 arizona.--Subject to
subsection (c), the Project may deliver at the
point of diversion from the San Juan River not
more than 6,411 acre-feet of water in any 1
year for use by the Nation in the State of
Arizona.
(E) Delivery capacity allocation to jicarilla
apache nation.--The Project may deliver at
Navajo Reservoir not more than 1,200 acre-feet
of water in any 1 year of the water rights of
the Jicarilla Apache Nation, held by the
Secretary and confirmed by the Jicarilla Apache
Tribe Water Rights Settlement Act (Public Law
102-441; 106 Stat. 2237), 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 delivery capacity allocation
quantity.--Notwithstanding each delivery capacity
allocation quantity limit described in subparagraphs
(B), (C), and (E) of paragraph (2), the Secretary may
authorize a Project Participant 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 Secretary, to pay a fee
established by the Secretary to assist
in recovering capital costs relating to
that additional use.
(c) Conditions for Use in Arizona.--
(1) Requirements.--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) Accounting of uses in arizona.--
(A) In general.--Pursuant to paragraph (1)
and notwithstanding 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 of New Mexico for uses in
the State of Arizona) shall be administered and
accounted for as either--
(i) a part of, and charged against,
the available consumptive use
apportionment made to the State of
Arizona by Article III(a) of the
Compact and to the Upper Basin by
Article III(a) of the Colorado River
Compact, in which case any water so
diverted by the Project into the Lower
Basin for use within the State of
Arizona shall not be credited as water
reaching Lee Ferry pursuant to [Article
III(c)] Articles 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 Colorado 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 Decree of the
Supreme Court of the United
States in Arizona v. California
(547 U.S. 150) (as may be
amended or supplemented);
(II) be credited as water
reaching Lee Ferry pursuant to
[Article III(c)] Articles
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
Water Settlements Act, (118
Stat. 3478).
(B) Limitation.--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 Governors'
Representatives on Colorado River
Operations from each State signatory to
the Colorado River Compact, all
operational and decisional criteria,
policies, contracts, guidelines or
other documents that control the
operations of the Colorado River System
reservoirs and diversion works, 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.
617 et seq.), from a point of diversion
on the San Juan 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 section
10603(c)(2)(A)(ii) of this Act. This
clause shall not affect, in any manner,
the amount of water apportioned to
Arizona pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.), or
amend any provisions of said decree or
the Colorado River Basin Project Act
(43 U.S.C. 1501 et. seq.).
(3) Upper basin protections.--
(A) Consultations.--Henceforth, in any
consultation pursuant to 16 U.S.C. 1536(a) with
respect to water development in the San Juan
River Basin, the Secretary shall confer with
the States of Colorado and New Mexico,
consistent with the provisions of section 5 of
the ``Principles for Conducting Endangered
Species Act Section 7 Consultations on Water
Development and Water Management Activities
Affecting Endangered Fish Species in the San
Juan River Basin'' as adopted by the
Coordination Committee, San Juan River Basin
Recovery Implementation Program, on June 19,
2001, and as may be amended or modified.
(B) Preservation of existing rights.--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 prejudiced 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 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 in subsection (c).
(e) Effect.--Nothing in this subtitle--
(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 (d).
(f) Colorado River Compacts.--Notwithstanding any other
provision of law--
(1) water may be diverted by the Project from the San
Juan River in the State of New Mexico for use within
New Mexico in the lower basin, as that term is used in
the Colorado River Compact;
(2) any water diverted under paragraph (1) shall be a
part of, and charged against, the consumptive use
apportionment made to the State of New Mexico by
Article III(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 Lee Ferry pursuant to
Articles III(c) and III(d) of the Colorado River
Compact.
(g) Payment of Operation, Maintenance, and Replacement
Costs.--
(1) In general.--The Secretary is authorized to pay
the operation, maintenance, and replacement costs of
the Project allocable to the Project Participants under
section 10604 until the date on which the Secretary
declares any 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 a
Project participant.
(2) Project participant payments.--Beginning 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
accordance 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 Upper Basin
and Lower Basin. Nor shall anything in this Act be construed as
expanding the Secretary's authority in the Upper Basin.
(i) Unique Situation.--Diversions by the Project consistent
with this section address critical tribal and non-Indian water
supply needs under unique 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 Window Rock 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 developing 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
Governors' Representatives on Colorado River Operations of the
States that are signatory to the Colorado River Compact
regarding the diversions authorized for the Project under this
section.
(k) Efficient Use.--The diversions and uses authorized for
the Project under this Section represent unique and efficient
uses of Colorado River apportionments in a manner that Congress
has determined would be consistent with the obligations of the
United States to the Navajo Nation.
SEC. 10604. PROJECT CONTRACTS.
(a) Navajo Nation Contract.--
(1) Hydrologic determination.--Congress recognizes
that the Hydrologic Determination necessary 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 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) 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 subtitle
(including any amendment that is required to
make the Contract consistent with this
subtitle).
(3) Nonreimbursability of allocated costs.--The
following costs shall be nonreimbursable and not
subject to repayment 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 10602(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
community 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) Operation, Maintenance, and Replacement
Obligation.--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) 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.--Consistent with this
subtitle, 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 operation, maintenance, and replacement
costs of the Project that are allocable to the
City.
(2) Contract prepayment.--
(A) In general.--The contract authorized
under paragraph (1) may allow the City to
satisfy the repayment obligation of the City
for construction costs of the Project on the
payment of the share of the City prior to the
initiation of construction.
(B) Amount.--The amount of the share of the
City described in subparagraph (A) shall be
determined by agreement between the Secretary
and the City.
(C) Repayment obligation.--Any repayment
obligation established by the Secretary and the
City 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 of construction costs.--
(A) In general.--Subject to subparagraph (B),
the Secretary 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 required to repay pursuant to the
contract entered into under paragraph (1),
based on the ability of the City to pay.
(B) Minimum percentage.--Notwithstanding
subparagraph (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 event
exceed 35 percent.
(4) Excess 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) 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.
(6) Title transfer.--If title is transferred to the
City prior to repayment under section 10602(f), the
City shall be required to provide assurances
satisfactory to the Secretary of fulfillment of the
remaining repayment obligation of the City.
(7) Water delivery 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 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); 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 Commission and the New
Mexico State Engineer.
(c) Jicarilla Apache Nation Contract.--
(1) Contract authorization.--Consistent with this
subtitle, the Secretary is authorized to 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, with
interest as provided under section 10305; and
(B) consistent with section 10603(g), to pay
the operation, maintenance, and replacement
costs of the Project that are allocable to the
Jicarilla Apache Nation.
(2) Contract prepayment.--
(A) In general.--The contract authorized
under paragraph (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 initiation 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) Repayment obligation.--Any repayment
obligation 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 of construction costs.--
(A) In general.--Subject to subparagraph (B),
the Secretary 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) Minimum percentage.--Notwithstanding
subparagraph (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 exceed 35
percent.
(4) Excess 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) Grant funds.--A grant from any other Federal
source shall not be credited toward the share of the
Jicarilla Apache Nation of construction costs.
(6) 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, 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 section, the Secretary shall
review and, as appropriate, update the Draft Impact
Statement allocating capital construction costs for the
Project.
(2) Final cost allocation.--The repayment contracts
entered into with Project Participants under this
section shall require that the Secretary perform a
final cost allocation when construction of the Project
is determined to be substantially complete.
(3) Repayment obligation.--The Secretary shall
determine the repayment obligation of the Project
Participants based on the final cost allocation
identifying reimbursable and nonreimbursable capital
costs of the Project consistent with this subtitle.
(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 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 Secretary
declares a section of the Project to be substantially
complete and delivery of Project water generated by and
through that section of the Project can be made to the
Nation, the Secretary may waive, for a period of not
more than 10 years, the operation, maintenance, and
replacement costs allocable to the Nation for that
section of the Project that the Secretary determines
are in excess of the ability of the Nation to pay.
(2) Subsequent payment by nation.--After a waiver
under paragraph (1), the Nation shall pay all allocated
operation, maintenance, and replacement costs of that
section of the Project.
(3) Payment by united states.--Any operation,
maintenance, or replacement costs waived by the
Secretary under paragraph (1) shall be paid by the
United States and shall be nonreimbursable.
(4) 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 (3) shall not alter the obligations of the
Nation or the United States under a repayment contract.
(5) 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 10602(f) shall terminate on the date on
which the Project facility is transferred.
(g) Project 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.
* * * * * * *
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Navajo-Gallup Water
Supply Project.--
(1) In general.--There is authorized to be
appropriated to the Secretary to plan, design, and
construct the Project $870,000,000 for the period of
fiscal years 2009 through 2024, to remain available
until expended.
(2) Adjustments.--The amount under paragraph (1)
shall be adjusted by such amounts as may be required by
reason of changes since 2007 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.
(4) Operation and maintenance.--
(A) In general.--There are authorized to be
appropriated such sums as are necessary to
operate and maintain the Project consistent
with this subtitle.
(B) Expiration.--The authorization under
subparagraph (A) shall expire 10 years after
the year the Secretary declares the Project to
be substantially complete.
(b) Appropriations for Conjunctive Use Wells.--
(1) San juan wells.--There is authorized to be
appropriated to the Secretary for the [construction or
rehabilitation] planning, design, construction,
rehabilitation, and operation and maintenance of
conjunctive use wells under section 10606(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
Secretary for the [construction or rehabilitation]
planning, design, construction, 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
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.
(6) Limitation.--Appropriations authorized under
paragraph (1) shall not be used for operation or
maintenance of any conjunctive use wells at a time in
excess of 3 years after the well is declared
substantially complete.
(c) San Juan River Irrigation Projects.--
(1) In general.--There are authorized to be
appropriated to the Secretary--
(A) to carry out section 10607(a)(1), not
more than $7,700,000, as adjusted under
paragraph (2), for the period of fiscal years
2009 through 2016, to remain available until
expended; and
(B) to carry out section 10607(a)(2), not
more than $15,400,000, as adjusted under
paragraph (2), for the period of fiscal years
2009 through 2019, to remain available until
expended.
(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) Other Irrigation Projects.--There are authorized to be
appropriated to the Secretary to carry out section 10608
$11,000,000 for the period of fiscal years 2009 through 2019.
(e) Cultural Resources.--
(1) In general.--The Secretary may use not more than
[2 percent] 4 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) Fish and Wildlife Facilities.--
(1) In general.--In association with the development
of the Project, the Secretary may use not more than [4
percent] 2 percent of amounts made available under
subsections (a), (b), and (c) 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.
* * * * * * *
PART IV--NAVAJO NATION WATER RIGHTS
SEC. 10701. AGREEMENT.
(a) Agreement Approval.--
(1) Approval by congress.--Except 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 make 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--
(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
subtitle.
(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 water that has been
released from storage in 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
Navajo-Gallup 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 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--
(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, 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 subtitle (except for a
point of diversion, purpose or place of use, or
right for depletion for use in the State of
Arizona under section 10603(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 subtitle 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.
(G) No liability.--The Secretary 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
subsection.
(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) No liability.--The Secretary 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 subsection.
(4) 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).
(5) 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) 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, 2010, the Secretary shall
execute the Agreement.
(ii) Contract.--Not later than
December 31, 2010, the Secretary and
the Nation shall execute the Contract.
(iii) Partial final decree.--Not
later than December 31, 2013, the court
in the stream adjudication shall have
entered the Partial Final Decree
described in paragraph 3.0 of the
Agreement.
(iv) Fruitland-cambridge irrigation
project.--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
Agreement.
(vi) Hogback-cudei irrigation
project.--Not later than December 31,
2019, the rehabilitation construction
of the Hogback-Cudei Irrigation Project
authorized under section 10607(a)(2)
shall be completed.
(vii) Trust fund.--Not later than
December 31, 2019, the United States
shall make all deposits into the Trust
Fund under section 10702.
(viii) Conjunctive wells.--Not later
than December 31, 2019, the funds
authorized to be appropriated under
section 10609(b)(1) for the conjunctive
use wells authorized under section
10606(b) should be appropriated.
(ix) Navajo-gallup water supply
project.--Not later than December 31,
2024, the construction of all Project
facilities shall be completed.
(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 subtitle
shall be revoked and any Federal
activity related to that construction
and rehabilitation shall be suspended;
and
(iv) this part and parts 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 10606.
(ii) A failure--
(I) to determine or resolve
an accounting of the use of
water under this subtitle 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.
(f) 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.
* * * * * * *
[all]