For termination of amendment by section 10701(e)(2) of Pub. L. 111–11, see Termination Date of 2009 Amendment note below.
The provisions of subsec. (a) of section 501 of Pub. L. 90–537 which amended this section are only a part of said subsec. (a). The remainder of said subsec. (a) amended section 620a of this title and enacted provisions set out as notes under this section and section 620k of this title.
2009—Pub. L. 111–11, §§ 10401(a), 10701(e)(2), temporarily inserted “the Navajo-Gallup Water Supply Project,” after “Fruitland Mesa,” in cl. (2). See Termination Date of 2009 Amendment note below.
1980—Pub. L. 96–470 struck out proviso that construction of Uintah unit of Central Utah project not be undertaken by the Secretary until he has completed a feasibility report on such unit and submitted it to Congress, along with his certification that, in his judgment, the benefits of such unit or segment will exceed the cost and that such unit is physically and financially feasible, and that the Congress has authorized appropriations for construction thereof.
Pub. L. 96–375 substituted “Wayne N. Aspinall” for “Curecanti”.
1968—Pub. L. 90–537 added Uintah unit to initial phase in Central Utah project, substituted “Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel” for “Pine River Extension”, and inserted proviso prohibiting construction of Uintah unit of Central Utah project until a feasibility study is made, a determination is made that its benefits will exceed its costs and an authorization for appropriations is made by Congress.
1964—Pub. L. 88–568 included Savery-Pot Hook, Bostwick Park, and Fruitland Mesa as participating projects.
1962—Pub. L. 87–483 included San Juan-Chama (initial stage) and Navajo Indian as participating projects in cl. (2).
Amendment by Pub. L. 111–11 to be null and void on issuance of a court order terminating a certain Agreement between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note below.
Act
Pub. L. 90–537, title V, § 501(a),
Pub. L. 113–235, div. D, title II, § 206, “(a) The Secretary of the Interior may fund or participate in pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of “(b) Pilot projects under this section are authorized to be funded through—“(1) grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes for projects that are implemented by 1 or more non-Federal entities; or“(2) grants or other appropriate financial agreements to provide funds for new water conservation agreements or for renewing or implementing water conservation agreements that are in existence on the date of enactment of this Act [“(c) “(1) Funds in the Upper Colorado River Basin Fund established by section 5 of the Colorado River Storage Project Act (43 U.S.C. 620d) and the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543) shall not be used to carry out this section; and“(2) the authority to fund these pilot projects through grants shall terminate on “(d) Not later than
Pub. L. 111–11, title X, § 10403, “(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);“(2)“(3) the Act of “(4) the Act of “(5)“(6) the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington “(7) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of “(8) the Compact;“(9) the Act of “(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).”
[Section 10403 Pub. L. 111–11, set out above, to be null and void on issuance of a court order terminating a certain Agreement between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note below.]
[For definition of Compact, see section 10302 of Pub. L. 111–11, set out as a Definitions note under section 407 of this title.]
Pub. L. 111–11, title X, § 10701, Diversion (acre-feet/year) Depletion (acre-feet/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“(a) “(1) Except to the extent that any provision of the Agreement conflicts with this subtitle [subtitle B (§§ 10301–10704) of title X of Pub. L. 111–11, see Effect on Federal Water Law note above], 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) 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) 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) 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) “(1) “(A) 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) The quantities of water referred to in subparagraph (A) are as follows:“(C) 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) 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) 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) 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) [123 Stat. 1383]), 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) “(1) “(A) 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) 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) The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection.“(D) 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) A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28, United States Code.“(F) 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) 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) “(A) The Nation shall not permanently alienate any right granted to the Nation under the Contract.“(B) The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years.“(3) 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) 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 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) “(1) “(A) 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) 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) “(A) The Nation shall not permanently alienate any right granted to the Nation under the Agreement.“(B) 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) 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) 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) 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) “(1) “(A) In carrying out this section, the following deadlines apply with respect to implementation of the Agreement:“(i) Not later than “(ii) Not later than “(iii) Not later than “(iv) Not later than “(v) Not later than “(vi) Not later than “(vii) Not later than “(viii) Not later than “(ix) Not later than “(B) 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) “(A) 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.“(B) On issuance of an order to terminate the Agreement 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 [parts IV (§§ 10701–10704), I (§§ 10401–10403), and III (§§ 10601–10609) of subtitle B of title X of Pub. L. 111–11, enacting former section 615jj and section 620n–1 of this title, amending this section, former section 615ss, and section 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under this section] shall be null and void.“(3) “(A) If a condition described in subparagraph (B) occurs, the Agreement shall not be nullified or terminated.“(B) 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 [123 Stat. 1392].“(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) “(1) 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) 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.”
[For definitions of terms used in section 10701 of Pub. L. 111–11, set out above, see section 10302 of Pub. L. 111–11, set out as a note under section 407 of this title.]