Sec. 20. Antideficiency; savings provisions; effect

706 words·~3 min read·/bill/118/hr/8940/ih/section-20

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

Except as provided in paragraph 8.3 of the Settlement Agreement, nothing in this Act— quantifies or otherwise affects the Water Rights, or claims or entitlements to water or to Upper Basin Colorado River Water or Lower Basin Colorado River Water, of any Indian Tribe, band, or community, other than the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe; or affects the ability of the United States to take action on behalf of any Indian Tribe, nation, band, community, or allottee, other than the Navajo Nation, the Hopi Tribe and the San Juan Southern Paiute Tribe, their members, Navajo Allottees, Hopi Allottees, and Public Domain Allottees.

Nothing in this Act— quantifies or adjudicates any Water Right or any claim or entitlement to water of a Public Domain Allottee, or precludes the United States, acting as trustee for Public Domain Allottees, from making claims for Water Rights in the State that are consistent with the claims described in Exhibit 3.1.132B to the Settlement Agreement; or except as provided in subparagraphs 8.2.3, 8.4.7, and 15.2.3.4 of the Settlement Agreement, affects the ability of the United States to take action on behalf of Public Domain Allottees.

Notwithstanding any authorization of appropriations to carry out this Act, the United States shall not be liable for any failure of the United States to carry out any obligation or activity authorized by this Act, including all agreements or exhibits ratified or confirmed by this Act, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act. Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects— the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ); the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643); the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq. ); the Colorado River Basin Project Act ( 43 U.S.C. 1501 et seq. ); the Treaty between the United States of America and Mexico, done at Washington February 3, 1944 (59 Stat. 1219); the Colorado River Compact; the Upper Colorado River Basin Compact of 1948; the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991); or case law relating to Water Rights in the Colorado River System other than any case to enforce the Settlement Agreement or this Act.

Nothing in this Act establishes a precedent for any type of transfer of Colorado River System water between the Upper Basin and the Lower Basin. Diversions through the iiná bá – paa tuwaqat’si pipeline and the Navajo-Gallup Water Supply Project facilities consistent with this Act address critical Tribal and non-Indian water supply needs under unique circumstances, which include, among other things— the intent to benefit a number of Indian Tribes; the Navajo Nation’s location in the Upper Basin and the Lower Basin; the intent to address critical Indian and non-Indian water needs in the State; the lack of other reasonable alternatives available for developing a firm, sustainable supply of municipal water for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe in the State; and the limited volume of water to be diverted by the iiná bá – paa tuwaqat’si pipeline and Navajo-Gallup Water Supply Project to supply municipal Uses in the State.

The diversions and Uses authorized for the iiná bá – paa tuwaqat’si pipeline under this Act 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 and the Hopi Tribe. Nothing in this Act precludes the United States from enforcing the requirements of— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) (including claims for damages to natural resources); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ); or the implementing regulations of those Acts.

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