Sec. 17. Colorado River accounting

594 words·~3 min read·/bill/118/hr/8940/ih/section-17

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

All deliveries of Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water effected by the diversion of water from the San Juan River or from the Colorado River above Lee Ferry shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water. All deliveries of Hopi Tribe Cibola Water effected by the diversion of water from the Colorado River above Lee Ferry shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water. All deliveries of Navajo Nation Upper Basin Colorado River Water effected by diversion of water from the Upper Basin in the State, New Mexico, or Utah shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water.

All deliveries of Hopi Tribe Upper Basin Colorado River Water effected by diversion of water from the Upper Basin in the State shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water. All deliveries of Upper Basin Colorado River Water leased by either the Navajo Nation or the Hopi Tribe, whether effected by a diversion of water from the Upper Basin or the Lower Basin, shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water. All deliveries of Lower Basin Colorado River Water leased by the Navajo Nation or the Hopi Tribe, whether effected by a diversion of water from the Upper Basin or the Lower Basin, shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water.

Notwithstanding section 10603(c)(2)(A) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1384), all Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water delivered to and consumptively used by the Navajo Nation, the Hopi Tribe, or their lessees pursuant to the Settlement Agreement shall be— accounted for as if such Use had occurred in the Lower Basin, regardless of the point of diversion or place of Use; credited as water reaching Lee Ferry pursuant to articles III(c) and III(d) of the Colorado River Compact; charged against the consumptive use apportionment made to the Lower Basin by article III(a) of the Colorado River Compact; and accounted for as part of and charged against the 2,800,000 acre-feet of Colorado River Water apportioned to the State in article II(B)(1) of the Decree.

Notwithstanding subsections

(a)and (b), no water diverted by the Navajo-Gallup Water Supply Project shall be accounted for as provided in those subsections until such time as the Secretary has developed and, as necessary and appropriate, modified, in consultation with the State, the Upper Basin 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, 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, subject to the conditions that— all modifications shall be consistent with section 10603(c) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1384), as modified by this subsection; and the modifications made pursuant to this subsection shall only be applicable for the duration of any such diversions pursuant to section 10603(c)(2)(B) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1385) and this Act.

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