Sec. 8. iiná bá – paa tuwaqat’si pipeline
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/bill/118/s/4633/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the iiná bá – paa tuwaqat’si pipeline. As provided in subparagraph 12.1.4 of the Settlement Agreement, the Secretary shall form a Project Construction Committee, which shall include the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, for purposes of planning and designing the iiná bá – paa tuwaqat’si pipeline to provide water delivery to the Navajo Reservation, the Hopi Reservation, and the San Juan Southern Paiute Southern Area.
The iiná bá – paa tuwaqat’si pipeline shall be substantially configured as Alternative 5, Option B-100 described in the report of the Bureau entitled Navajo-Hopi Value Planning Study—Arizona and dated October 2020. The iiná bá – paa tuwaqat’si pipeline may include components that have already been built or acquired by the Navajo Nation or the Hopi Tribe as a contribution by the Navajo Nation or the Hopi Tribe towards the cost of planning, designing, and constructing the pipeline.
The iiná bá – paa tuwaqat’si pipeline shall deliver potable water for domestic, commercial, municipal, and industrial Uses and be capable of delivering from Lake Powell— up to 7,100 AFY of potable Colorado River Water to the Navajo Nation for Use in delivering up to 6,750 AFY to serve Navajo communities and up to 350 AFY to serve the San Juan Southern Paiute Southern Area; and up to 3,076 AFY of potable Colorado River Water to the Hopi Tribe for Use in delivering up to 3,076 AFY to serve Hopi communities.
Construction of the iiná bá – paa tuwaqat’si pipeline shall commence after environmental compliance, design, construction phasing, cost estimating, and value engineering have occurred and the phasing of construction has been agreed by the Secretary, the Navajo Nation, and the Hopi Tribe, with the Secretary deciding on phasing if an agreement is not reached. The iiná bá – paa tuwaqat’si pipeline shall be owned by the United States during construction of the iiná bá – paa tuwaqat’si pipeline.
On substantial completion of all or a phase of the iiná bá – paa tuwaqat’si pipeline, in accordance with paragraph (3), the Secretary shall— transfer title to the applicable section of the iiná bá – paa tuwaqat’si pipeline on the Navajo Reservation, except that section that lies on the Navajo Reservation between Moenkopi and the boundary of the 1882 Reservation, to the Navajo Nation; and transfer title to the applicable section of the iiná bá – paa tuwaqat’si pipeline on the Hopi Reservation, and the section of the iiná bá – paa tuwaqat’si pipeline that lies on the Navajo Reservation between Moenkopi and the boundary of the 1882 Reservation and the right-of-way for that section of the iiná bá – paa tuwaqat’si pipeline, to the Hopi Tribe.
The Secretary shall determine that the iiná bá – paa tuwaqat’si pipeline or a phase of the iiná bá – paa tuwaqat’si pipeline is substantially complete after consultation with the Navajo Nation and the Hopi Tribe. Substantial completion of the iiná bá – paa tuwaqat’si pipeline project or a phase of the iiná bá – paa tuwaqat’si pipeline project occurs when the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in subsection (a)(1)(C).
The Secretary shall form a Project Operation Committee, which shall include the Navajo Nation and the Hopi Tribe— to develop a project operations agreement to be executed by the Navajo Nation, the Hopi Tribe, and the Secretary prior to substantial completion of any phase of the iiná bá – paa tuwaqat’si pipeline that will provide water to the Navajo Nation and the Hopi Tribe; and to describe all terms and conditions necessary for long-term operations of the iiná bá – paa tuwaqat’si pipeline, including— distribution of water; responsibility for maintenance of the iiná bá – paa tuwaqat’si pipeline or section of the iiná bá – paa tuwaqat’si pipeline; the allocation and payment of annual OM&R costs of the iiná bá – paa tuwaqat’si pipeline or section of the iiná bá – paa tuwaqat’si pipeline based on the proportionate uses and ownership of the iiná bá – paa tuwaqat’si pipeline; and a right to sue in a district court of the United States to enforce the project operations agreement.
The Navajo Nation shall operate the section of the iiná bá – paa tuwaqat’si pipeline that delivers water to the Navajo communities, other than Coal Mine Mesa, and that may deliver water through the iiná bá – paa tuwaqat’si pipeline to the San Juan Southern Paiute Tribe. The Hopi Tribe shall operate the section of the iiná bá – paa tuwaqat’si pipeline that delivers water to Moenkopi, the 1882 Reservation, and the Navajo community of Coal Mine Mesa. In partial consideration for the funding provided under section 13, the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe shall each timely consent to the grant of rights-of-way as described in, and in accordance with, subparagraphs 12.5.1, 12.5.2, and 12.5.3 of the Settlement Agreement.
With the consent of each affected Tribe, the Secretary may enter into legal devices, other than rights-of-way, such as construction corridors, when operating within the jurisdiction of the Navajo Nation, Hopi Tribe, or San Juan Southern Paiute Tribe in furtherance of the planning, design, and construction of the iiná bá – paa tuwaqat’si pipeline. The Secretary shall grant the rights-of-way consented to by the Tribes under paragraph (1).