Sec. 21. Antideficiency; savings provisions; effect

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Except as provided in paragraph 8.3 of the Settlement Agreement, nothing in this Act— quantifies or otherwise affects the Water Rights, or claims or entitlements to water of any Indian Tribe, band, or community, other than the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe; or affects the ability of the United States to take action on behalf of any Indian Tribe, nation, band, community, or allottee, other than the Navajo Nation, the Hopi Tribe and the San Juan Southern Paiute Tribe, their Members, Navajo Allottees, Hopi Allottees, and Public Domain Allottees.

Nothing in this Act— quantifies or adjudicates any Water Right or any claim or entitlement to water of a Public Domain Allottee, or precludes the United States, acting as trustee for Public Domain Allottees, from making claims for Water Rights in the State that are consistent with the claims described in Exhibit 3.1.132B to the Settlement Agreement; or except as provided in subparagraphs 8.2.3, 8.4.7, and 15.2.3.4 of the Settlement Agreement, affects the ability of the United States to take action on behalf of Public Domain Allottees.

Notwithstanding any authorization of appropriations to carry out this Act, the United States shall not be liable for any failure of the United States to carry out any obligation or activity authorized by this Act, including all agreements or exhibits ratified or confirmed by this Act, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act. Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects— the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ); the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643); the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq. ); the Colorado River Basin Project Act ( 43 U.S.C. 1501 et seq. ); the Treaty between the United States of America and Mexico, done at Washington on February 3, 1944 (59 Stat. 1219); the Colorado River Compact; the Upper Colorado River Basin Compact of 1948; the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991); case law relating to Water Rights in the Colorado River System other than any case to enforce the Settlement Agreement or this Act; or the Navajo-Hopi Land Dispute Settlement Act of 1996 ( Public Law 104–301 ; 110 Stat. 3649).

Nothing in this Act establishes a precedent for any type of transfer of Colorado River System water between the Upper Basin and the Lower Basin, including the leasing of Upper Basin water in the Lower Basin. Nothing in the Settlement Agreement or this Act (including paragraph 13 of the Settlement Agreement and section 14) establishes any standard or precedent for the quantification, litigation, or settlement of Federal reserved water rights or any Indian water claims of any Indian Tribes other than the Tribes in any judicial or administrative proceeding.

Diversions through the iiná bá – paa tuwaqat’si pipeline and the Navajo-Gallup Water Supply Project facilities consistent with this Act address critical Tribal and non-Indian water supply needs under unique circumstances, which include, among other things— the intent to benefit a number of Indian Tribes; the Navajo Nation’s location in the Upper Basin and the Lower Basin; the intent to address critical Indian and non-Indian water needs in the State; the lack of other reasonable alternatives available for developing a firm, sustainable supply of municipal water for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe in the State; the unique geological and hydrological features of the relevant watersheds, including aquifers; and the limited volume of water to be diverted by the iiná bá – paa tuwaqat’si pipeline and Navajo-Gallup Water Supply Project to supply municipal Uses in the State.

The Use of Arizona Upper Basin Colorado River Water in the Lower Basin in the State is consistent with this Act and is authorized under unique circumstances, which include, among other things— that the Uses are included in a congressionally approved Indian water rights settlement; that the Navajo Nation is located in both the Upper Basin and the Lower Basin; the unavailability and unreliability of Central Arizona Project Non-Indian Agricultural water available for the Tribes to lease due to shortages in the Lower Basin of the Colorado River; and the intent of Congress to supplement the Federal funds available to the Tribes with the revenue generated by leasing as authorized under section 7.

The diversions and Uses authorized for the iiná bá – paa tuwaqat’si pipeline under this Act represent unique and efficient Uses of Colorado River apportionments in a manner that Congress has determined would be consistent with the obligations of the United States to the Navajo Nation and the Hopi Tribe. Rights to the consumptive use of water apportioned to the Upper Division States and the State from the Colorado River System under the Colorado River Compact and the Upper Colorado River Basin Compact of 1948, and rights to the consumptive use of water available for use in the Lower Basin under the Colorado River Compact and the Decree, shall not be changed or prejudiced by any use of water pursuant to this Act.

Nothing in this Act— adversely affects full development and utilization by the State or any State of the Upper Division of the Colorado River Basin of its respective apportionment under the Colorado River Compact or the Upper Colorado River Basin Compact of 1948; impairs, conflicts with, or otherwise changes the duties and powers of the Upper Colorado River Commission; or waives, impairs, or otherwise modifies the rights of California and Nevada under the Colorado River Compact, the Boulder Canyon Project Act, or the Decree.

Congress notes the consensus of the Governors’ Representatives of the Colorado River Basin States relating to the diversions, accounting, and leasing authorized under this Act. Nothing in this Act precludes the United States acting as sovereign, the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe from enforcing the requirements of— Federal environmental laws, including— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) (including claims for damages to natural resources); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ); and the implementing regulations of those Acts; or the environmental laws of the Tribes, and the regulations implementing those laws, on the Navajo Reservation, the Hopi Reservation, the San Juan Southern Paiute Reservation, Navajo Allotments, Hopi Allotments, and Off-Reservation lands held in trust by the United States for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe.

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