Sec. 2. Tribal water rights
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g ) Agreement Section 602 of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3134) is amended— by redesignating paragraphs
(1)through
(23)as paragraphs
(2)through (24), respectively; and by inserting before paragraph
(2)(as so redesignated) the following: g ) Agreement The term 611(g) Agreement means the agreement dated July 2, 2019, to be executed by the United States, the State, the Pueblos, the County, and the City pursuant to section 611(g). . Section 611(b) of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3137) is amended, in the matter preceding paragraph (1), by striking within 90 days of and inserting as soon as feasible after . Section 611(f) of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3138) is amended— in paragraph (1)— in subparagraph (A), by striking $106,400,000 and inserting $243,400,000 ; and by striking subparagraph
(B)and inserting the following: Of the amount described in subparagraph (A)— the initial $106,400,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2006, as determined using applicable engineering cost indices; and any amounts made available in excess of the amount described in clause
(i)shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2018, as determined using applicable engineering cost indices. ; and in paragraph (3), by inserting and the 611(g) Agreement after the Cost-Sharing and System Integration Agreement . Section 617(a)(1) of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3147) is amended— in subparagraph (B)— by striking the period at the end and inserting ; and ; by striking section 616 $50,000,000 and inserting the following: section 616— $50,000,000 ; and by adding at the end the following: subject to the availability of appropriations and in addition to the amounts made available under clause (i), $137,000,000, as adjusted under paragraph (4), for the period of fiscal years 2021 through 2028. ; and by adding at the end the following: Notwithstanding any other provision of law, any additional amounts made available under subparagraph (B)(ii) shall not be made available from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ). . Section 617(a)(4) of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3147) is amended— by striking The amounts and inserting the following: The amounts ; in subparagraph
(A)(as so designated), by striking since October 1, 2006, as determined using applicable engineering cost indices and inserting pursuant to section 611(f)(1)(B) ; and by inserting at the end the following: Notwithstanding any other provision of law, any additional amounts made available as a result of this paragraph, as compared to this paragraph as in effect on the day before the date of enactment of this subparagraph, shall— be subject to the availability of appropriations; and not be made available from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ). . g ) Section 621 of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3149) is amended by striking subsections
(a)and
(b)and inserting the following: To the extent the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement do not conflict with this title, the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement (including any amendments to the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement that are executed to make the Settlement Agreement, the Cost-Sharing and System Integration Agreement, or the 611(g) Agreement consistent with this title) are authorized, ratified, and confirmed. To the extent the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement do not conflict with this title, the Secretary shall execute the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement (including any amendments that are necessary to make the Settlement Agreement, the Cost-Sharing and System Integration Agreement, or the 611(g) Agreement consistent with this title). . Section 623(e) of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3151) is amended— by striking paragraph
(1)and inserting the following: Subject to the provisions of section 611(d) concerning the extent, size, and capacity of the County Distribution System, the Regional Water System shall be determined to be substantially completed if— the infrastructure has been constructed capable of— diverting, treating, transmitting, and distributing a supply of 2,500 acre-feet of water to the Pueblos consistent with the Engineering Report (as amended by the 611(g) Agreement and the Operating Agreement); and diverting, treating, and transmitting the quantity of water specified in the Engineering Report to the County Distribution System and consistent with the Engineering Report (as amended by the 611(g) Agreement and the Operating Agreement); or the Secretary— issues a notice to proceed authorizing the commencement of Phase I construction of the Regional Water System by December 31, 2019, and subsequently commences construction of the Regional Water System; diligently proceeds to construct the Regional Water System in accordance with the Engineering Report (as amended by the 611(g) Agreement), on a schedule for completion by June 30, 2028; expends all of the available funding provided to construct the Regional Water System under section 611(f)(1)(A), in the Cost-Sharing and System Integration Agreement, and in the 611(g) Agreement; complies with the terms of the 611(g) Agreement; and despite diligent efforts cannot complete construction of the Regional Water System as described in the final Engineering Report (as amended by the 611(g) Agreement), due solely to the lack of additional authorized funding. ; in paragraph (2)— by striking 2021 and inserting 2025 ; and by striking 2024 and inserting 2028 ; in paragraph (3), in the matter preceding subparagraph (A), by striking 2021 and inserting 2025 ; in paragraph (4)(B)(ii)(II), by striking 2023 and inserting 2027 ; and in paragraph (5)(A), by striking 2024 and inserting 2028 .
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- Pub. L. 111-291
- 124 Stat. 3134
- 124 Stat. 3137
- 124 Stat. 3138
- 124 Stat. 3147
- 124 Stat. 3149
- 124 Stat. 3151
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Sec. 2
Tribal water rights
Pub. L.Pub. L. 111-291
Stat.124 Stat. 3134
Stat.124 Stat. 3137
Stat.124 Stat. 3138
Stat.124 Stat. 3147
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