Sec. 5. Non-Project water for use in the State of Utah

602 words·~3 min read·/bill/119/hr/1482/ih/section-5

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Section 10602(h) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1382) is amended— in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph

(2)and inserting paragraph

(3); by redesignating paragraph

(2)as paragraph (3); and by inserting after paragraph

(1)the following: In this paragraph: The term Navajo/Utah Settlement Agreement means the agreement entitled Navajo Nation/State of Utah Water Rights Settlement Agreement , dated May 27, 2022, and authorized by section 1102 of title XI of division FF of Public Law 116–260 (134 Stat. 3224). The term Navajo-Utah water rights has the meaning given the term Navajo water rights in section 1102(b) of title XI of division FF of Public Law 116–260 (134 Stat. 3225). Subject to paragraph (1), the Nation may provide non-Project water to communities of the Nation in the State of Utah, subject to the conditions that— not more than 2,000 acre-feet per year of non-Project water may be treated, stored, or conveyed through Project and non-Project infrastructure for the benefit of those communities; any non-Project water treated or conveyed through Project and non-Project infrastructure and delivered to the New Mexico state line for the benefit of those communities shall— be considered part of the Navajo-Utah water rights as quantified in section 1102(d)(1)(A) of title XI of division FF of Public Law 116–260 (134 Stat. 3227); and be accounted for as a depletion by the Nation to be counted against the apportionment of the State of Utah under the Compact for purposes of the depletion accounting under the Navajo/Utah Settlement Agreement; Project funds shall not be used to design, plan, construct, operate, maintain, or repair any additional infrastructure in the State of New Mexico or any infrastructure in the State of Arizona or Utah to join the Project infrastructure to the Sweetwater pipeline (non-Project infrastructure); the share of any Project Participants' Project operation, maintenance, and replacement costs shall not be increased in connection with the use of non-Project infrastructure; the United States shall have no responsibility or obligation to provide non-Project water to those communities under this paragraph and no Federal funding shall be provided for the costs to construct, operate, maintain, and replace any non-Project infrastructure necessary for storage and conveyance of non-Project water from the State of New Mexico to serve those communities except for funds authorized under— section 1102 of title XI of division FF of Public Law 116–260 (134 Stat. 3224); section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a ); and the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ); efforts associated with providing non-Project water to those communities shall not delay the Project, or any component of the Project, in a manner that would be prejudicial to any Project Participant; and in addition to the requirements of this paragraph, delivery of non-Project water under this paragraph is subject to— the terms of the Navajo/Utah Settlement Agreement; the State of Utah issuing a decreed water right pursuant to the terms of the Navajo/Utah Settlement Agreement; the State of Utah not incurring additional financial obligations beyond those identified in the Navajo/Utah Settlement Agreement; and the execution of an implementation agreement between the Nation and the State of Utah relating to accounting and measurement of non-Project water under this paragraph to be consistent with the terms of the Navajo/Utah Settlement Agreement. The State of New Mexico shall have no responsibility or obligation to provide— non-Project water to communities of the Nation in the State of Utah under this paragraph; or any funding under this paragraph. .

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