Sec. 6. Allocation and assignment of Colorado River Water to the Tribes; water delivery contracts
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Pursuant to subparagraph 4.7.1 of the Settlement Agreement, the State has expressly agreed to the allocation described in clause (ii). 44,700 AFY of Upper Basin Colorado River Water is allocated to the Navajo Nation on the Enforceability Date. Pursuant to subparagraph 4.8.2 of the Settlement Agreement, the State has recommended the assignment of Navajo Nation Cibola Water by the Hopi Tribe to the Navajo Nation effective on the Enforceability Date. Pursuant to subparagraph 4.9.1 of the Settlement Agreement, the State has recommended the allocation described in clause (ii). 3,500 AFY of uncontracted Fourth Priority Water reserved for Use in a Navajo-Hopi Indian Water Rights settlement under paragraph 11.3 of the Arizona Water Settlement Agreement among the United States, the State, and CAWCD, as authorized by paragraphs
(1)and
(2)of section 106(a) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3492), is allocated to the Navajo Nation on the Enforceability Date. Pursuant to subparagraph 5.7.1 of the Settlement Agreement, the State has expressly agreed to the allocation described in clause (ii). 2,300 AFY of Upper Basin Colorado River Water is allocated to the Hopi Tribe on the Enforceability Date. Pursuant to subparagraph 5.8.1 of the Settlement Agreement, the State has recommended the amendment of the existing Hopi Tribe Cibola Contract to reduce the Fourth Priority Water diversion entitlement of the Hopi Tribe to 4,178 AFY, and to provide for additional Uses and places of Use of Hopi Tribe Cibola Water, effective on the Enforceability Date. Navajo Nation Upper Basin Colorado River Water and Hopi Tribe Upper Basin Colorado River Water may be used at any location within the State. Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water may be used at any location within the State. Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water may be stored at underground storage facilities or Groundwater savings facilities located— within the Navajo Reservation in accordance with Navajo law, or State law if mutually agreed to by the Navajo Nation and the State; within the Hopi Reservation in accordance with Hopi law, or State law if mutually agreed to by the Hopi Tribe and the State; on any other Indian reservation located in the State in accordance with applicable law; and within the State and outside of any Indian reservation in accordance with State law. The Navajo Nation and the Hopi Tribe may assign any long-term storage credits accrued as a result of storage under clause
(i)in accordance with applicable law. Any water stored pursuant to Tribal law may only be recovered on the Indian reservation where the water was stored. The Navajo Nation or the Hopi Tribe may transport Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water through the CAP system for storage or Use in accordance with all laws of the United States and the agreements between the United States and CAWCD governing the Use of the CAP system to transport water other than CAP Water, subject to payment of applicable charges. The Navajo Nation may store its Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water at the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico , subject to the condition that the water stored at the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir is subsequently transported to the State for Use in the State. Any storage of Navajo Nation Upper Basin Colorado River Water in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir shall be credited against Upper Basin Colorado River Water in the year in which the diversions for storage in the Reservoir occurs. Water described in clause
(i)shall be accounted for and reported by the Secretary separately from any other water stored in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir. Any storage of Navajo Nation Cibola Water or Navajo Nation Fourth Priority Water in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir shall be credited against the apportionment of the State of Lower Basin Colorado River Water in the year in which the diversion for storage in the Navajo Reservoir or Frank Chee Willetto, Sr. Reservoir occurs. Water described in clause
(i)shall be accounted for and reported by the Secretary separately from any other water stored in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir. The Navajo Nation— may divert its Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water in the State, New Mexico, and Utah; and with the exception of storage in the Navajo Reservoir and Frank Chee Willetto, Sr. Reservoir in New Mexico under paragraph (2), may not use, lease, exchange, forbear, or otherwise transfer any of the water for Use directly or indirectly outside of the State. The Hopi Tribe— may divert its Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water in the State; and may not use, lease, exchange, forbear, or otherwise transfer any of the water described in clause
(i)for Use directly or indirectly outside of the State. All contracts to store Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water shall identify— the place of storage of the water; the mechanisms for delivery of the water; and each point of diversion under the applicable contract. A contract to store Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water shall not conflict with the Settlement Agreement or this Act. The Secretary shall enter into the following water delivery contracts, which shall be without limit as to term: The Secretary shall enter into a water delivery contract with the Navajo Nation for Navajo Nation Upper Basin Colorado River Water in accordance with the Settlement Agreement, which shall provide for, among other things— the delivery of up to 44,700 AFY of Navajo Nation Upper Basin Colorado River Water; 1 or more points of diversion in the State, New Mexico, and Utah; 1 or more storage locations at any place within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico; Use at any location within the State; and delivery of Navajo Nation Upper Basin Colorado River Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State. Water Service Contract No. 09–WC–40–318 between the United States and the Navajo Nation dated December 23, 2009, for the delivery of up to 950 AFY of water from Lake Powell to the Navajo Nation for municipal and industrial Use within the Community of LeChee shall be replaced with a Navajo Nation Water Delivery Contract for the delivery of Navajo Nation Upper Basin Colorado River Water that complies with subparagraph (A). As provided in the Settlement Agreement, on the Enforceability Date, the water service contract described in clause
(i)shall terminate. The Secretary shall enter into a water delivery contract with the Navajo Nation for the Navajo Nation Cibola Water in accordance with the Settlement Agreement, which shall provide for, among other things— the diversion of up to 100 AFY at the location and for the same Uses described in the Hopi Tribe Existing Cibola Contract; or delivery and consumptive use of up to 71.5 AFY at locations and for Uses within the State other than as described in the Hopi Tribe Existing Cibola Contract; 1 or more points of diversion in the State, New Mexico, and Utah; storage in any location within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico; Use at any location within the State; delivery of Navajo Nation Cibola Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State; and curtailment as provided in subsection (e). The Secretary shall enter into a water delivery contract with the Navajo Nation for Navajo Nation Fourth Priority Water in accordance with the Settlement Agreement, which shall provide for, among other things— delivery of up to 3,500 AFY of Navajo Nation Fourth Priority Water; 1 or more points of diversion in the State, New Mexico, and Utah; storage in any location within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico; Use at any location within the State; delivery of Navajo Nation Fourth Priority Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State; and curtailment as provided in subsection (e). The Secretary shall enter into a water delivery contract with the Hopi Tribe for Hopi Tribe Upper Basin Colorado River Water in accordance with the Settlement Agreement, which shall provide for, among other things— the delivery of up to 2,300 AFY of Hopi Tribe Upper Basin Colorado River Water; 1 or more points of diversion in the State, including Lake Powell; 1 or more storage locations at any place within the State; Use at any location within the State; and delivery of Hopi Tribe Upper Basin Colorado River Water to the Hopi Tribe’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State. The Secretary shall enter into a water delivery contact with the Hopi Tribe for Hopi Tribe Cibola Water in accordance with the Settlement Agreement, which shall provide for, among other things— the delivery of up to 4,178 AFY of Fourth Priority water, 750 AFY of Fifth Priority Water, and 1,000 AFY of Sixth Priority Water; 1 or more points of diversion in the State, including Lake Powell; storage in any location within the State; Use at any location within the State, consistent with subparagraph 5.8.3 of the Settlement Agreement; delivery of Hopi Tribe Cibola Water to the Hopi Tribe’s lessees and exchange partners in the Upper Basin and Lower Basin within the State; and curtailment as provided in subsection (e). The Navajo Nation Water Delivery Contracts and Hopi Tribe Water Delivery Contracts shall be subject to the following requirements and limitations: Except for storage by the Navajo Nation at the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico, a water delivery contract shall not permit the Use of the water outside of the State. A water delivery contract shall not, either temporarily or permanently, alter or reduce the annual Lower Basin apportionment of the State pursuant to the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ) and the Decree, or annual Upper Basin apportionment pursuant to the Upper Colorado River Basin Compact, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes. Nothing in a water delivery contract shall alter or impair the rights, authorities, and interests of the State under the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ), the contract between the United States and the State dated February 9, 1944, the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes, or the Decree. A water delivery contract shall not limit the ability of the State to seek or advocate changes in the operating rules, criteria, or guidelines of the Colorado River System as those rules, criteria, or guidelines apply to the apportionments of the State from the Upper Basin and the Lower Basin of the Colorado River. In the event that a water delivery contract will result in the delivery of Upper Basin Colorado River Water to the Lower Basin or Lower Basin Colorado River Water to the Upper Basin, the Secretary shall confer with the State prior to executing that water delivery contract with respect to— the impact of the water deliveries on the availability of Upper Basin or Lower Basin Colorado River Water within the State; the annual accounting conducted by the Bureau for the water on the Colorado River apportionments of the State in the Upper Basin and Lower Basin; and as appropriate, the impact of the water deliveries on the operations of the Central Arizona Project. A water delivery contract shall identify— the place of Use of the water; the purpose of the Use of the water during the term of the contract; the mechanism for delivery of the water; and each point of diversion under the contract. A water delivery contract shall not prejudice the interests of the State, or serve as precedent against the State, in any litigation relating to the apportionment, diversion, storage, or Use of water from the Colorado River System. In the case of a conflict between a water delivery contract and this Act or the Settlement Agreement, this Act or the Settlement Agreement shall control. Any material amendment or modification of a water delivery contract shall comply with, and be subject to, all requirements and limitations for the water delivery contract, as described in the Settlement Agreement and this Act. A water delivery contract shall become effective on the Enforceability Date and, once effective, shall be permanent and without limit as to term. The United States shall waive Colorado River Storage Project standby charges and delivery charges and annual administration fees for water delivered pursuant to a water delivery contract. Delivery of Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other non-CAP Fourth Priority Water. Any other Lower Basin Colorado River Water that the Navajo Nation may acquire shall be subject to reduction in any year in which a shortage is declared in accordance with criteria applied by the Secretary to water of the same priority. Delivery of Hopi Tribe Cibola Water of fourth priority, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other non-CAP Fourth Priority Water. Delivery of Hopi Tribe Cibola Water of fifth priority, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other Fifth Priority Water. Any other Lower Basin Colorado River Water that the Hopi Tribe may acquire shall be subject to reduction in any year in which a shortage is declared in accordance with criteria applied by the Secretary to water of the same priority. The Secretary may use— the Colorado River mainstream and dams and works on the mainstream controlled or operated by the United States, which regulate the flow of water in the mainstream or the diversion of water from the mainstream in the Upper Basin or the Lower Basin to transport and deliver Navajo Nation Upper Basin Colorado River Water, Hopi Tribe Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water; and the San Juan River and the dams and works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement to transport, store, and deliver Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water. Navajo Nation Upper Basin Colorado River Water or Hopi Tribe Upper Basin Colorado River Water that enters the Lower Basin at Lee Ferry shall— retain its character as Upper Basin Colorado River Water; and be accounted for separately by the Secretary in a manner such that the Navajo Nation Upper Basin Colorado River Water or the Hopi Tribe Upper Basin Colorado River Water is not subject to paragraphs II(A) and II(B) of the Decree. Navajo Nation Upper Basin Colorado River Water that enters the San Juan River and the dams and works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement shall retain its character as Upper Basin Colorado River Water, but if Navajo Nation Upper Basin Colorado River Water spills from dams on the San Juan River described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement, that water shall become part of the San Juan River system. Amounts of energy needed to deliver water to the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe shall be acquired by the Tribes. Beginning on March 1 of the first year following the year in which the Enforceability Date occurs, and on March 1 of each year thereafter, the Navajo Nation shall submit to the Arizona Department of Water Resources a report describing— the annual diversion amount, point of diversion, and places of Use of Navajo Nation Upper Basin Colorado River Water; the annual diversion amount, point of diversion, and places of Use of Navajo Nation Cibola Water; the annual diversion amount, point of diversion, and places of Use of Navajo Nation Fourth Priority Water; the location and annual amount of any off-Reservation storage of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water; the amount of an off-Reservation exchange involving Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water; and the location and annual amount of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water leased off-Reservation. In order to accurately measure the flow of water diverted in the Upper Basin for Use by the Navajo Nation in the State, the Navajo Nation shall install suitable measuring devices at or near each point of diversion of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water from the Colorado River’s mainstem in the Upper Basin and the San Juan River in the Upper Basin. The Navajo Nation shall notify the Arizona Department of Water Resources, in writing, of any annual reporting conflicts between the Bureau, the Navajo Nation, or the Upper Colorado River Commission prior to the completion by the Bureau of the annual Colorado River Accounting and Water Use Report for the Lower Basin . Beginning on March 1 of the first year following the year in which the Enforceability Date occurs, and on March 1 of each year thereafter, the Hopi Tribe shall submit to the Arizona Department of Water Resources a report describing— the annual diversion amount, point of diversion, and places of Use of Hopi Tribe Upper Basin Colorado River Water; the annual diversion amount, point of diversion, and places of Use of Hopi Tribe Cibola Water; the location and annual amount of any off-Reservation storage of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water; the amount of an off-Reservation exchange involving Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water; and the location and annual amount of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water leased off-Reservation. In order to accurately measure the flow of water diverted in the Upper Basin for Use by the Hopi Tribe in the State, the Hopi Tribe shall install suitable measuring devices at or near each point of diversion of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water from the Colorado River’s mainstem in the Upper Basin. The Hopi Tribe shall notify the Arizona Department of Water Resources, in writing, of any annual reporting conflicts between the Bureau, the Hopi Tribe, or the Upper Colorado River Commission prior to the completion by the Bureau of the annual Colorado River Accounting and Water Use Report for the Lower Basin .
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2 references not yet in our index
- Pub. L. 108-451
- 118 Stat. 3492
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Sec. 6
Allocation and assignment of Colorado River Water to the Tribes; water delivery contracts
Pub. L.Pub. L. 108-451
Stat.118 Stat. 3492
Cites 3Cited by 0 across 0 sources