Sec. 5. St. Mary River water right
616 words·~3 min read·
/bill/113/s/434/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Pursuant to article IV.D.4 of the Compact, the Secretary, acting through the Commissioner of Reclamation, shall carry out the activities authorized by this section relating to the St. Mary River water right. Not later than 180 days after the enforceability date, the Secretary shall enter into a water delivery contract with the Tribe for the delivery of 5,000 acre-feet per year of the St. Mary River water right through Milk River Project facilities to the Tribe or another entity specified by the Tribe. The contract under paragraph
(1)shall establish the terms and conditions for the water deliveries described in paragraph
(1)in accordance with the Compact and this Act. The water delivery contract under paragraph
(1)shall include provisions requiring that— the contract shall be without limit as to term; the Tribe, and not the United States, shall collect, and shall be entitled to, all consideration due to the Tribe under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (e); the United States shall have no obligation to monitor, administer, or account for— any funds received by the Tribe as consideration under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (e); or the expenditure of such funds; if water deliveries under the contract are interrupted for an extended period of time because of damage to, or a reduction in the capacity of, St. Mary Unit facilities, the rights of the Tribe shall be treated the same as the rights of other contractors receiving water deliveries through the Milk River Project with respect to the water delivered under this section; the Tribe shall not be required to pay operation, maintenance, or replacement costs for the water delivered under this section; deliveries of water under this section shall be made at such times at which, and to such places to which, the Bureau of Reclamation can deliver water without additional cost to the Bureau; and the 5,000 acre-feet per year of water delivered under this section shall not be subject to shortage sharing or reduction; and notwithstanding article IV.D.4 of the Compact, any reduction in the Milk River Project water supply caused by the delivery of water under this section shall not constitute injury to Milk River Project water users. If the Secretary determines that there is available St. Mary water, the Secretary shall enter into a contract with the Tribe for the delivery of the available St. Mary water subject to the requirements described in subsection (b)(3) and this subsection. Additional water made available through any rehabilitation of the St. Mary Unit shall be considered to be available St. Mary water for purposes of this Act and the Compact. Additional water made available through any enlargement of the St. Mary Canal— shall not be considered to be a part of the Milk River Project water right; and shall be made available to the Tribe as part of the St. Mary River water right. In consideration for the deferral of the delivery of the quantity in excess of the 5,000 acre-feet per year of water specified in subsection (b)(1), the United States shall pay to the Tribe $27,800,000, which shall be invested and managed in accordance with section 17(d). The Tribe may enter into any subcontract for the delivery of water under this section to a third party, in accordance with section 16. A subcontract described in paragraph
(1)shall comply with the Compact, this Act, and any other applicable law. The Secretary shall not be liable to any party, including the Tribe, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.