Sec. 15. Enforceability Date
798 words·~4 min read·
/bill/119/s/3617/is/section-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Agreement, including the waivers and releases of claims described in section 11, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings that— to the extent the Agreement conflicts with this Act— the Agreement has been revised through an amendment to eliminate the conflict; and the revised Agreement, including any exhibits requiring amendment or execution by any party to the Agreement, has been executed by all required parties; the waivers, releases, and retentions of claims described in section 11 and in Paragraph 13.0 of the Agreement have been executed by— the Yavapai-Apache Nation; the United States; and the other parties to the Agreement; the full amount described in subsection (a)(1)(A) of section 10, as adjusted by subsection (c)(1) of that section, has been deposited into the Cragin-Verde Pipeline Account of the Tú ńlį́į́níchoh Water Infrastructure Project Fund; the full amount described in subsection (a)(1)(B) of section 10, as adjusted by subsection (c)(1) of that section, has been deposited into the YAN Drinking Water System Account of the Tú ńlį́į́níchoh Water Infrastructure Project Fund; the full amounts described in subparagraphs (A), (B), (C),
(D)and
(E)of subsection (a)(2) of section 10, as adjusted by subsection (c)(2) of that section, have been deposited into the Trust Fund; the Arizona Department of Water Resources has— conditionally approved the severance and transfer of the right of SRP to the diversion and beneficial use of water under Arizona Department of Water Rights Certificate of Water Right No. 3696.0002, as described in Paragraph 8.0 of the Agreement, in an amount not to exceed an average of 3,410.26 AFY, up to a maximum of 3,977.92 acre-feet in any given Year, to the Nation and the United States in its capacity as trustee for the Nation; and issued a conditional certificate of water right to the Nation and the United States in its capacity as trustee for the Nation, to become effective on the Enforceability Date; the changes in places of use and points of diversion for the surface water rights to the Verde River as described in subparagraph 5.4 of the Agreement have been conditionally approved, to become effective on the Enforceability Date, provided that the YAN, in its sole discretion, may waive this condition; the Gila River Adjudication Court has included the water right for instream flow for the Nation and the United States as trustee for the Nation, as described in the YAN Judgment, which substantially conforms to the attributes described in Exhibit 11.1B to the Agreement, provided that the Nation, in its sole discretion, may waive this condition; except as otherwise provided in paragraphs
(7)and (8), the Gila River Adjudication Court has approved the YAN Judgment in substantially the same form attached as Exhibit 13.9 to the Agreement, as amended to ensure consistency with this Act; the Secretary has issued a final record of decision approving the construction of the Tú ńlį́į́níchoh Water Infrastructure Project as described in section 6; the Nation and the Town of Clarkdale have executed the Water and Sewer Service Agreement described in Exhibit 16.1.2.3 to the Agreement, provided that, the Nation, in its sole discretion, may waive this condition; the Nation and the Town of Camp Verde have executed the Interconnection and Exchange Agreement described in Exhibit 16.1.2.2 to the Agreement, provided that the Nation, in its sole discretion, may waive this condition; and the tribal council of the Yavapai-Apache Nation has adopted a resolution, as described in section 16(a), consenting to the limited waiver of sovereign immunity from suit in the circumstances described in paragraph
(3)of that section. Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection
(a)by June 30, 2035, or such alternative later date as may be agreed to by the Yavapai-Apache Nation, the Secretary, and the State— this Act is repealed, except as described in paragraph (2); any action taken by the Secretary and any contract or agreement entered into pursuant to this Act shall be void; the United States shall be entitled to offset any Federal amounts made available under section 10(a) that were used under that section against any claims asserted by the Yavapai-Apache Nation against the United States; and any amounts appropriated under section 10, together with any investment earnings on those amounts, less any amounts expended under section 7(e)(2), shall revert immediately to the general fund of the Treasury. Notwithstanding paragraph (1)(A), if the Secretary fails to publish in the Federal Register a statement of findings under subsection
(a)by June 30, 2035, or such alternative later date as may be agreed to by the Yavapai-Apache Nation, the Secretary, and the State, section 13 shall remain in effect.