Sec. 111. Yavapai-Apache Nation Cap Water
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/bill/118/s/4705/is/section-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In accordance with the Yavapai-Apache Nation Water Rights Settlement Agreement and the requirements described in paragraph (2), the Secretary shall enter into the YAN Amended CAP Water Delivery Contract. The requirements referred to in paragraph
(1)are the following: The YAN Amended CAP Water Delivery Contract shall— be for permanent service (as that term is used in section 5 of the Boulder Canyon Project Act ( 43 U.S.C. 617d )); take effect on the Enforceability Date; and be without limit as to term. The YAN CAP water may be delivered for use in the State through— any project authorized under this Act; or the CAP System. The Secretary shall deliver the YAN CAP water to Yavapai-Apache Nation in accordance with the terms and conditions of the YAN Amended CAP Water Delivery Contract . If a time of shortage exists, as that term is described in the YAN Amended CAP Water Delivery Contract, the amount of CAP Indian Priority Water available to the YAN in such Year shall be computed in accordance with subsection 5.8 of the YAN Amended CAP Repayment Contract. On or after the date on which the YAN Amended CAP Water Delivery Contract becomes effective, the Yavapai-Apache Nation may, with the approval of the Secretary, enter into contracts or options to lease or to exchange YAN CAP Water in Coconino, Gila, Maricopa, Pinal, Pima, and Yavapai counties, Arizona, providing for the temporary delivery to any individual or entity of any portion of the YAN CAP Water. Contracts or options to lease under subparagraph
(E)shall be for a term of not more than 100 years. Contracts or options to exchange under subparagraph
(E)shall be for the term provided for in the contract or option, as applicable. The YAN may, with the approval of the Secretary, renegotiate any lease described in subparagraph (E), at any time during the term of the lease, if the term of the renegotiated lease does not exceed 100 years. No YAN CAP Water may be permanently alienated. The Yavapai-Apache Nation shall be entitled to all consideration due to the Yavapai-Apache Nation under any contract to lease, option to lease, contract to exchange, or option to exchange the YAN CAP Water entered into by the Yavapai-Apache Nation. The United States shall not, in any capacity, be entitled to the consideration described in subclause (I). The United States shall not, in any capacity, have any trust or other obligation to monitor, administer, or account for, in any manner, any funds received by the Yavapai-Apache Nation as consideration under any contract to lease, option to lease, contract to exchange, or option to exchange the YAN CAP Water entered into by Yavapai-Apache Nation, except in a case in which the Yavapai-Apache Nation deposits the proceeds of any lease, option to lease, contract to exchange, or option to exchange into an account held in trust for the Yavapai-Apache Nation by the United States. The Yavapai-Apache Nation may use YAN CAP Water on or off the YAN Reservation. The Yavapai-Apache Nation, in accordance with State law, may store YAN CAP Water at 1 or more underground storage facilities or groundwater savings facilities. The Yavapai-Apache Nation may, without the approval of the Secretary, sell, transfer, or assign any long-term storage credits accrued as a result of storage described in clause (ii). The Yavapai-Apache Nation may not use, lease, exchange, forbear, or otherwise transfer any YAN CAP Water for use directly or indirectly outside the State. The CAP Operating Agency shall be paid the CAP Fixed OM&R charges associated with the delivery of all YAN CAP Water. Except as provided in subparagraph (N), all CAP Fixed OM&R charges associated with the delivery of YAN CAP Water to the Yavapai-Apache Nation shall be paid by— the Secretary, pursuant to section 403(f)(2)(A) of the Colorado River Basin Project Act ( 43 U.S.C. 1543(f)(2)(A) ), subject to the condition that funds for that payment are available in the Lower Colorado River Basin Development Fund; and if the funds described in subclause
(I)become unavailable, the Yavapai-Apache Nation. The CAP Operating Agency shall be paid the CAP Pumping Energy Charge associated with the delivery of YAN CAP Water only in cases in which the CAP System is used for the delivery of that water. Except for CAP Water not delivered through the CAP System, which does not incur a CAP Pumping Energy Charge, or water delivered to other persons as described in subparagraph (N), any applicable CAP Pumping Energy Charge associated with the delivery of the YAN CAP Water shall be paid by the Yavapai-Apache Nation. No property tax or in-lieu property tax equivalency shall be due or payable by the Yavapai-Apache Nation for the delivery of CAP Water or for the storage of CAP Water in an underground storage facility or groundwater savings facility. Any lease or option to lease providing for the temporary delivery to other persons of any YAN CAP Water shall require the lessee to pay to the CAP Operating Agency the CAP Fixed OM&R Charge and the CAP Pumping Energy Charge associated with the delivery of the leased water. Neither the Yavapai-Apache Nation nor the United States in any capacity shall be responsible for the payment of any charges associated with the delivery of the YAN CAP Water leased to other persons. No YAN CAP Water shall be delivered unless the CAP Fixed OM&R Charge and any applicable CAP Pumping Energy Charge associated with the delivery of that water have been paid in advance. The charges for delivery of YAN CAP Water pursuant to the Yavapai-Apache Nation Amended CAP Water Delivery Contract shall be calculated in accordance with the CAP Repayment Stipulation. For purposes of determining the allocation and repayment of costs of any stages of the CAP System constructed after November 21, 2007, the costs associated with the delivery of YAN CAP Water, whether such water is delivered for use by the Yavapai-Apache Nation, or in accordance with any assignment, exchange, lease, option to lease, or other agreement for the temporary disposition of YAN CAP Water entered into by the YAN, shall be— nonreimbursable; and excluded from the repayment obligation of the Central Arizona Water Conservation District. With respect to the costs associated with the construction of the CAP System allocable to the Yavapai-Apache Nation— the costs shall be nonreimbursable; and the Yavapai-Apache Nation shall have no repayment obligation for the costs. No CAP water service capital charges shall be due or payable for the YAN CAP Water, regardless of whether the YAN CAP Water is delivered— for use by the Yavapai-Apache Nation; or under any lease, option to lease, exchange, or option to exchange entered into by the Yavapai-Apache Nation.
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