Sec. 6. Allocation and assignment of Arizona Colorado River Water to the Tribes; water use; storage; water delivery contracts

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Pursuant to subparagraph 4.7.1 of the Settlement Agreement, the State has expressly agreed to the allocation described in clause (ii). 44,700 AFY of Arizona Upper Basin Colorado River Water is allocated to the Navajo Nation on the Enforceability Date. Pursuant to subparagraph 4.8.2 of the Settlement Agreement, the State has recommended the assignment of Navajo Nation Cibola Water by the Hopi Tribe to the Navajo Nation effective on the Enforceability Date. Pursuant to subparagraph 4.9.1 of the Settlement Agreement, the State has recommended the allocation described in clause (ii). 3,500 AFY of uncontracted Fourth Priority Water reserved for Use in a Navajo-Hopi Indian Water Rights settlement under paragraph 11.3 of the Arizona Water Settlement Agreement among the United States, the State, and CAWCD, as authorized by paragraphs

(1)and

(2)of section 106(a) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3492), is allocated to the Navajo Nation on the Enforceability Date. Pursuant to subparagraph 5.7.1 of the Settlement Agreement, the State has expressly agreed to the allocation described in clause (ii). 2,300 AFY of Arizona Upper Basin Colorado River Water is allocated to the Hopi Tribe on the Enforceability Date. Pursuant to subparagraph 5.8.1 of the Settlement Agreement, the State has recommended the amendment of the existing Hopi Tribe Cibola Contract to reduce the Fourth Priority Water diversion entitlement of the Hopi Tribe to 4,178 AFY, and to provide for additional Uses and places of Use of Hopi Tribe Cibola Water, effective on the Enforceability Date. Subject to the limitations of this Act, the Navajo Nation may divert its Navajo Nation Upper Basin Colorado River Water in the State, the State of New Mexico, and the State of Utah for Use at any location in the State. Subject to the limitations of this Act, the Navajo Nation may divert its Navajo Nation Cibola Water in the State in the Upper Basin at Lake Powell or in the Lower Basin for Use at any location within the Lower Basin. The Navajo Nation may divert its Navajo Nation Fourth Priority Water in the State in the Upper Basin at Lake Powell or in the Lower Basin for Use at any location within the Lower Basin. With the exception of water storage by the Navajo Nation at the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in the State of New Mexico, the Navajo Nation may not use, lease, exchange, forbear, or otherwise transfer any of the water described in subparagraphs (A), (B), and

(C)for Use directly or indirectly outside of the State. Subject to the limitations of this Act, the Hopi Tribe may divert its Hopi Tribe Upper Basin Colorado River Water in the State for Use at any location in the State. The Hopi Tribe may divert its Hopi Tribe Cibola Water in the State in the Upper Basin at Lake Powell or in the Lower Basin for Use at any location within the Lower Basin. The Hopi Tribe may not use, lease, exchange, forbear, or otherwise transfer any of the water described in subparagraphs

(A)and

(B)for Use directly or indirectly outside of the State. Delivery of Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other non-CAP Fourth Priority Water. Any other Arizona Lower Basin Colorado River Water that the Navajo Nation may acquire shall be subject to reduction in any year in which a shortage is declared in accordance with criteria applied by the Secretary to water of the same priority. Delivery of Hopi Tribe Cibola Water of fourth priority, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other non-CAP Fourth Priority Water. Delivery of Hopi Tribe Cibola Water of fifth priority, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other Fifth Priority Water. Any other Arizona Lower Basin Colorado River Water that the Hopi Tribe may acquire shall be subject to reduction in any year in which a shortage is declared in accordance with criteria applied by the Secretary to water of the same priority. Navajo Nation Upper Basin Colorado River Water and Hopi Tribe Upper Basin Colorado River Water may be stored at underground storage facilities or Groundwater savings facilities located— within the Navajo Reservation in accordance with Navajo law, or State law if mutually agreed to by the Navajo Nation and the State; within the Hopi Reservation in accordance with Hopi law, or State law if mutually agreed to by the Hopi Tribe and the State; on any other Indian reservation located in the State in accordance with applicable law; and within the State and outside of any Indian reservation in accordance with State law. Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water may be stored at underground storage facilities or Groundwater savings facilities located— within the Navajo Reservation in accordance with Navajo law, or State law if mutually agreed to by the Navajo Nation and the State; within the Hopi Reservation in accordance with Hopi law, or State law if mutually agreed to by the Hopi Tribe and the State; on any other Indian reservation located in the State that falls within the Lower Basin in accordance with applicable law; and within any portion of the State that falls within the Lower Basin and outside of any Indian reservation in accordance with State law. The Navajo Nation and the Hopi Tribe may assign any long-term storage credits accrued as a result of storage under subparagraphs

(A)and

(B)of paragraph

(1)in accordance with applicable law. Any water stored pursuant to Tribal law may only be recovered on the Indian reservation where the water was stored. The Navajo Nation may store in, divert, and convey its Navajo Nation Upper Basin Colorado River Water from the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico, subject to the requirements of subsection (g), including that the water stored at the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir is subject to agreements with and permits from the State of New Mexico and is accounted for as provided in that subsection and section 17(a)(3) . All contracts to store Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water shall identify— the place of storage of the water; the mechanisms for delivery of the water; and each point of diversion under the applicable contract. A contract to store Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water shall not conflict with the Settlement Agreement or this Act. Subject to subclauses

(IV)through (VII), the Secretary is authorized and directed to enter into NAIWRSA System Conservation Program agreements with the Navajo Nation and the Hopi Tribe to provide for the storage of 17,050 AFY of the System Conservation Eligible Water each year for a period of 20 years to be retained in Lake Powell until the end of the 20-year period for the benefit of the Colorado River System. Pursuant to subclause (I), the Navajo Nation shall enter into 20-year NAIWRSA System Conservation Program agreement to deliver 16,214.55 AFY of the System Conservation Eligible Water to the Secretary to be retained in Lake Powell and accounted for separately during the 20-year period for the benefit of the Colorado River System. Pursuant to subclause (I), the Hopi Tribe shall enter into a 20-year NAIWRSA System Conservation Program agreement to deliver 835.45 AFY of the System Conservation Eligible Water to the Secretary to be retained in Lake Powell and accounted for separately during the 20-year period for the benefit of the Colorado River System. Notwithstanding subclause (II), during the 20-year period in which the Navajo Nation and the Hopi Tribe are delivering water to the NAIWRSA System Conservation Program, if the Hopi Tribe intends to deliver more than 1,464.55 AFY of Hopi Tribe Upper Basin Colorado River Water to the Hopi Reservation in any calendar year— the Hopi Tribe shall notify the Navajo Nation prior to the start of that calendar year of the amount of Hopi Tribe Upper Basin Colorado River Water in excess of 1,464.55 AFY that the Hopi Tribe intends to deliver to the Hopi Reservation during the subsequent calendar year; and the Navajo Nation shall deliver sufficient additional System Conservation Eligible Water to ensure that 17,050 AFY is delivered to the Secretary each calendar year to be retained in Lake Powell pursuant to the NAIWRSA System Conservation Program. The System Conservation Eligible Water stored in Lake Powell shall be subject to evaporation losses. Notwithstanding the intention to retain the System Conservation Eligible Water stored in Lake Powell for 20 years, as described in subclauses

(I)and (II), the System Conservation Eligible Water may be released— pursuant to an agreement signed by the Governors’ representatives of the Colorado River Basin States and the Bureau; or by the Bureau consistent with operating criteria or guidelines. The System Conservation Eligible Water stored at Lake Powell shall not be considered when determining the annual release of Lake Powell under the operational criteria or guidelines in place for any year in the 20-year period in which the Navajo Nation and the Hopi Tribe are delivering water to the NAIWRSA System Conservation Program and any subsequent year. Any System Conservation Eligible Water released from storage shall be accounted for as Upper Basin releases under article III of the Colorado River Compact. In addition to the NAIWRSA System Conservation Program to store System Conservation Eligible Water in Lake Powell for 20 years as described in subclauses

(I)and

(II)of clause (i), the Navajo Nation and the Hopi Tribe are authorized to participate in System Conservation programs in the Upper Basin for Navajo Nation Upper Basin Colorado River Water and Hopi Tribe Upper Basin Colorado River Water and in the Lower Basin for Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water and Hopi Tribe Cibola Water to the extent that the water meets the applicable requirements of those System Conservation programs. Subject to the accounting provisions of section 17 , the Navajo Nation or the Hopi Tribe may transport Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water through the CAP system for storage or Use in accordance with all laws of the United States and the agreements between the United States and CAWCD governing the Use of the CAP system to transport water other than CAP Water, including payment of applicable charges. The Secretary shall enter into the following water delivery contracts, which shall be without limit as to term: The Secretary shall enter into a water delivery contract with the Navajo Nation for Navajo Nation Upper Basin Colorado River Water in accordance with the Settlement Agreement, which shall provide for, among other things— the delivery of up to 44,700 AFY of Navajo Nation Upper Basin Colorado River Water; 1 or more points of diversion in the State, New Mexico, and Utah; 1 or more storage locations at any place within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico; subject to the limitations of this Act, Use at any location within the State; and delivery of Navajo Nation Upper Basin Colorado River Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State. Water Service Contract No. 09–WC–40–318 between the United States and the Navajo Nation dated December 23, 2009, for the delivery of up to 950 AFY of water from Lake Powell to the Navajo Nation for municipal and industrial Use within the Community of LeChee shall be replaced with a Navajo Nation Water Delivery Contract for the delivery of Navajo Nation Upper Basin Colorado River Water that complies with subparagraph (A). As provided in the Settlement Agreement, on the Enforceability Date, the water service contract described in clause

(i)shall terminate. The Secretary shall enter into a water delivery contract with the Navajo Nation for the Navajo Nation Cibola Water in accordance with the Settlement Agreement, which shall provide for, among other things— the diversion of up to 100 AFY at the location and for the same Uses described in the Hopi Tribe Existing Cibola Contract; or delivery and consumptive use of up to 71.5 AFY at locations and for Uses within the State within the Lower Basin other than as described in the Hopi Tribe Existing Cibola Contract; 1 or more points of diversion in the State within the Lower Basin or at Lake Powell; storage in any location within the State within the Lower Basin Reservoir in New Mexico; Use at any location within the State within the Lower Basin; delivery of Navajo Nation Cibola Water to the Navajo Nation’s lessees and exchange partners in the State within the Lower Basin; and curtailment as provided in subsection (b)(3)(A) . The Secretary shall enter into a water delivery contract with the Navajo Nation for Navajo Nation Fourth Priority Water in accordance with the Settlement Agreement, which shall provide for, among other things— delivery of up to 3,500 AFY of Navajo Nation Fourth Priority Water; 1 or more points of diversion in the State within the Lower Basin or at Lake Powell; storage in any location within the State within the Lower Basin; Use at any location within the State within the Lower Basin; delivery of Navajo Nation Fourth Priority Water to the Navajo Nation’s lessees and exchange partners in the State within the Lower Basin; and curtailment as provided in subsection (b)(3)(A) . The Secretary shall enter into a water delivery contract with the Hopi Tribe for Hopi Tribe Upper Basin Colorado River Water in accordance with the Settlement Agreement, which shall provide for, among other things— the delivery of up to 2,300 AFY of Hopi Tribe Upper Basin Colorado River Water; 1 or more points of diversion in the State, including Lake Powell; 1 or more storage locations at any place within the State; subject to the limitations of this Act, Use at any location within the State; and delivery of Hopi Tribe Upper Basin Colorado River Water to the Hopi Tribe’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State. The Secretary shall enter into a water delivery contact with the Hopi Tribe for Hopi Tribe Cibola Water in accordance with the Settlement Agreement, which shall provide for, among other things— the delivery of up to 4,178 AFY of Fourth Priority Water, 750 AFY of Fifth Priority Water, and 1,000 AFY of Sixth Priority Water; 1 or more points of diversion in the State within the Lower Basin or at Lake Powell; storage in any location within the State within the Lower Basin; Use at any location within the State within the Lower Basin, consistent with subparagraph 5.8.3 of the Settlement Agreement; delivery of Hopi Tribe Cibola Water to the Hopi Tribe’s lessees and exchange partners in the State within the Lower Basin; and curtailment as provided in subsection (b)(3)(B) . The Navajo Nation Water Delivery Contracts and Hopi Tribe Water Delivery Contracts shall be subject to the following requirements and limitations: Except for storage by the Navajo Nation at the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico, and in accordance with subsection (g), a water delivery contract shall not permit the Use of the water outside of the State. A water delivery contract shall not, either temporarily or permanently, alter or reduce the annual Lower Basin apportionment of the State pursuant to the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ) and the Decree, or annual Upper Basin apportionment pursuant to the Upper Colorado River Basin Compact of 1948. Nothing in a water delivery contract shall alter or impair the rights, authorities, and interests of California, Nevada, or the State under the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ), the contract between the United States and the State dated February 9, 1944, the Upper Colorado River Basin Compact of 1948 or the Decree. A water delivery contract shall not limit the ability of California, Nevada, or the State to seek or advocate changes in the operating rules, criteria, or guidelines of the Colorado River System as those rules, criteria, or guidelines apply to the apportionments of the State from the Upper Basin and the Lower Basin of the Colorado River. In the event that a water delivery contract will result in the delivery of Arizona Upper Basin Colorado River Water to the Lower Basin, the Secretary shall confer with the State and with the Governors’ representatives of the Colorado River Basin States prior to executing that water delivery contract with respect to— the impact of the water deliveries on the availability of Upper Basin Colorado River Water or Arizona Lower Basin Colorado River Water within the State; the annual accounting conducted by the Bureau for the Colorado River apportionments of the State in the Upper Basin and Lower Basin; how diversions of Arizona Upper Basin Colorado River Water in the Lower Basin will be administered consistently with the Decree; and as appropriate, the impact of the water deliveries on the operations of the Central Arizona Project. A water delivery contract shall identify— the place of Use of the water; the purpose of the Use of the water during the term of the contract; the mechanism for delivery of the water; and each point of diversion under the contract. A water delivery contract shall not prejudice the interests of California, Nevada, or the State, or serve as precedent against California, Nevada, or the State, in any litigation relating to the apportionment, diversion, storage, or Use of water from the Colorado River System. In the case of a conflict between a water delivery contract and this Act or the Settlement Agreement, this Act or the Settlement Agreement shall control. Any material amendment or modification of a water delivery contract shall comply with, and be subject to, all requirements and limitations for the water delivery contract, as described in the Settlement Agreement and this Act. A water delivery contract shall become effective on the Enforceability Date and, once effective, shall be permanent and without limit as to term. The United States shall waive Colorado River Storage Project standby charges and delivery charges and annual administration fees for water delivered pursuant to a water delivery contract. Notwithstanding any other provision of this Act, water shall not be stored in, diverted in, or conveyed from New Mexico for Use by the Navajo Nation in the State except in compliance with this subsection or subparagraph 7(g) of the Partial Final Decree (as defined in section 10302 of the Northwestern New Mexico Rural Water Projects Act ( 43 U.S.C. 407 note; Public Law 111–11 )). 6,411 AFY of Navajo Nation Upper Basin Colorado River Water may be stored in, diverted in, and conveyed from New Mexico for Use in the State— consistent with the terms and requirements of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1367) and the Partial Final Decree (as defined in section 10302 of that Act ( 43 U.S.C. 407 note; Public Law 111–11 )); and in accordance with an appropriate permit issued under New Mexico law with a place of use consistent with subparagraph (D). In addition to the 6,411 AFY pursuant to subparagraph (B), 12,000 AFY of Navajo Nation Upper Basin Colorado River Water may be stored in, diverted in, and conveyed from the San Juan River in New Mexico for Use in the State, subject to the following conditions: An agreement is executed between the Navajo Nation and the State of New Mexico, acting through its Interstate Stream Commission, enabling the storage in, diversion in, and conveyance from New Mexico of not to exceed 12,000 AFY of Navajo Nation Upper Basin Colorado River Water for Use by the Navajo Nation in the State when the Upper Basin Colorado River Water is available for diversion in compliance with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and without resulting in forbearance of Use in New Mexico or a shortage to any water uses as provided in the Navajo Reservoir Operations guidelines pursuant to the 2006 environmental impact statement prepared by the Bureau, or any updated guidelines or requirements for Navajo Reservoir Operations as may become effective in the future. If the Navajo Nation and the State of New Mexico, acting through its Interstate Stream Commission, are able to agree on terms, an agreement is executed covering periods of time when the Navajo Nation is not able to divert all or a portion of the 12,000 AFY of Navajo Nation Upper Basin Colorado River Water under clause (i), subject to the requirements that— the agreement provides for limited forbearance of Navajo Nation water in New Mexico or other mutually acceptable mechanisms for making all or a portion of the 12,000 AFY of Navajo Nation Upper Basin Colorado River Water available to the Navajo Nation in the State; and the United States and the Governors’ representatives of the Colorado River Basin States have agreed on an appropriate measure or accounting method for such forbearance or mechanisms to ensure that the ability of New Mexico to utilize its apportionment under the Upper Colorado River Basin Compact of 1948 is preserved. No water under subparagraph

(B)or

(C)may be delivered unless the New Mexico State Engineer has issued an appropriate permit for any diversion from the San Juan River system or underground basin in New Mexico and storage and release of water from the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir to supply Use on Navajo Land within the State and for municipal Use adjoining the Navajo Reservation from water distribution facilities that are physically connected or planned for connection, as of the date of enactment of this Act, to water distribution facilities on the Navajo Reservation in the State. No water under subparagraph

(B)or

(C)may be delivered until the Navajo Nation and the Secretary have entered into the appropriate water delivery contract described in subsection

(e)for the amount of water to be delivered, which shall be consistent with the agreements described in subparagraph

(C)and permits described in subparagraph (D). No water diverted in or conveyed from New Mexico under this subsection shall be leased or exchanged in the State. Depletion of water that results from the diversion of water from the San Juan River system or underground basin in New Mexico for Use within the State (including depletion incidental to the storage in, diversion in, or conveyance from New Mexico for Use in the State) shall be— accounted as consumptive Use of Navajo Nation Upper Basin Colorado River Water; and charged against Arizona Upper Basin Colorado River Water. If an agreement is reached pursuant to paragraph (1)(C)(ii) providing for forbearance or other mechanism to make water available, the measure or accounting mechanism provided for in accordance with subclause

(II)of that paragraph shall apply. Any storage in, diversion in, and conveyance of water from New Mexico for use in Utah authorized under the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1367) shall be— subject to the same requirements for accounting as provided in paragraph (2), but applicable to Utah; and charged against the Upper Basin apportionment of the State of Utah under the Colorado River Compact and the Upper Colorado River Basin Compact of 1948. In addition to the requirements under subparagraph (A), the storage, diversion, and conveyance of up to 2,000 AFY shall require— an appropriate permit from the New Mexico State Engineer; coordination with the Utah State Engineer as required by the Utah-Navajo Water Rights Settlement and the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1367); an agreement between the Navajo Nation and the State of New Mexico, acting through its Interstate Stream Commission; and an agreement between the State of New Mexico, acting through its Interstate Stream Commission, and the State of Utah, to ensure that the apportionments of the States of New Mexico and Utah and rights under the Upper Colorado River Basin Compact of 1948 are preserved. The Navajo Nation may not use, lease, contract, exchange, forbear, or otherwise transfer any water from the San Juan River system within the State of New Mexico for Use directly or indirectly outside of New Mexico except— by agreement of the State of New Mexico, acting through its Interstate Stream Commission, based, in whole or in part, on its determination that the rights and entitlements of the State of New Mexico under the Colorado River Compact and the Upper Colorado River Basin Compact of 1948 are not adversely affected and water uses within New Mexico are adequately protected; by issuance of appropriate permits by the New Mexico State Engineer; and to allow the Navajo Nation to forbear pursuant to section 10603(d) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1386)— to enable delivery to the State of the 6,411 AFY described in paragraph (1)(B); and to enable delivery to Utah of up to 2,000 AFY described in paragraph (3). As determined by the State of New Mexico, acting through its Interstate Stream Commission and its State Engineer, pursuant to this subsection, storage, diversion, or conveyance of water in New Mexico for Use in the State or Utah shall not adversely affect— Water Rights or Uses in New Mexico; or delivery of water under contracts entered into under— the Act of June 13, 1962 ( Public Law 87–483 ; 76 Stat. 96); and New Mexico State Engineer File Nos. 2847, 2848, 2849, 2883, and 2917. Notwithstanding any other provision of this Act, water shall not be stored in, diverted in, and conveyed from Utah for Use by the Navajo Nation in the State except in compliance with this subsection. If the Navajo Nation requests to divert a portion of its Navajo Nation Upper Basin Colorado River Water in Utah for Use in the State pursuant to a water delivery contract with the United States, the Secretary shall confer with Utah prior to executing that water delivery contract to ensure compliance with the rights and entitlements of Utah under the Upper Colorado River Basin Compact of 1948 and Utah State law. Water may be diverted on the Navajo Reservation in Utah for delivery to the Navajo Reservation in the State once the Navajo Nation has obtained approval by the Utah State Engineer through a diversion permit that requires compliance with applicable Utah State law, including the requirement to appropriately measure diversions of water from the San Juan River system or underground basins in Utah to ensure that diversion of Navajo Nation Upper Basin Colorado River Water in Utah for use in the State shall not adversely affect Water Rights, Uses, or delivery of water in Utah. Navajo Nation Upper Basin Colorado River Water may be diverted from a source off the Navajo Reservation only in accordance with Utah State law. No water diverted in or conveyed from Utah from the San Juan River under this paragraph shall be leased or exchanged in Arizona. Depletion of water that results from the diversion of Navajo Nation Upper Basin Colorado River Water in Utah for Uses in the State (including depletion incidental to storage, diversion, or conveyance of water) shall be— accounted as consumptive Use of Navajo Nation Upper Basin Colorado River Water; and charged against Arizona Upper Basin Colorado River Water. The Navajo Nation or the San Juan Southern Paiute Tribe may not use, lease, contract, exchange, forbear, or otherwise transfer any water apportioned to the State of Utah by the Colorado River Compact or the Upper Colorado River Basin Compact of 1948 for Use directly or indirectly outside of the State of Utah, except as provided for in the Navajo-Utah Water Rights Settlement and subject to subsection (g)(3). Except as provided in subsection (g)(3), nothing in this Act modifies or is exempt from the terms of the Navajo-Utah Water Rights Settlement. Pursuant to section XV of the Treaty, Water Rights for the San Juan Southern Paiute Tribe in the San Juan Southern Paiute Northern Area shall be quit claimed to the San Juan Southern Paiute Tribe by the Navajo Nation on publication in the Federal Register under section 19(g)(1)(A). The Secretary may use— the Colorado River mainstream and dams and works on the mainstream controlled or operated by the United States, which regulate the flow of water in the mainstream or the diversion of water from the mainstream in the Upper Basin or the Lower Basin to transport and deliver Navajo Nation Upper Basin Colorado River Water, Hopi Tribe Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water; and the San Juan River and the dams and works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement to transport, store, and deliver Navajo Nation Upper Basin Colorado River Water. Navajo Nation Upper Basin Colorado River Water or Hopi Tribe Upper Basin Colorado River Water that enters the Lower Basin at Lee Ferry shall— retain its character as Navajo Nation Upper Basin Colorado River Water or Hopi Tribe Upper Basin Colorado River Water; and be accounted for separately by the Secretary in a manner such that the Navajo Nation Upper Basin Colorado River Water or the Hopi Tribe Upper Basin Colorado River Water is not subject to paragraphs II(A) and II(B) of the Decree. Navajo Nation Upper Basin Colorado River Water that enters the San Juan River and the dams and works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement shall retain its character as Navajo Nation Upper Basin Colorado River Water, but if Navajo Nation Upper Basin Colorado River Water spills from dams on the San Juan River described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement, that water shall become part of the San Juan River system. Power needed to deliver water to the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe for projects constructed by the Tribes pursuant to the Settlement Agreement and this Act shall be acquired by the Tribes. Beginning on March 1 of the first year following the year in which the Enforceability Date occurs, and on March 1 of each year thereafter, the Navajo Nation shall submit to the Arizona Department of Water Resources a report describing— the annual diversion amount, points of diversion, and places of Use of Navajo Nation Upper Basin Colorado River Water; the annual diversion amount, points of diversion, and places of Use of Navajo Nation Cibola Water; the annual diversion amount, point of diversion, and places of Use of Navajo Nation Fourth Priority Water; the location and annual amount of any Off-Reservation storage of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water; the amount of any Off-Reservation exchange involving Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water; and the location and annual amount of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water leased Off-Reservation. In order to accurately measure the flow of water diverted in the Upper Basin for Use by the Navajo Nation in the State, the Navajo Nation shall install suitable measuring devices at or near each point of diversion of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water from the Colorado River’s mainstem in the Upper Basin and the San Juan River in the Upper Basin. The Navajo Nation shall notify the Arizona Department of Water Resources, in writing, of any annual reporting conflicts between the Bureau, the Navajo Nation, or the Upper Colorado River Commission prior to the completion by the Bureau of the annual Colorado River Accounting and Water Use Report for the Lower Basin . Beginning on March 1 of the first year following the year in which the Enforceability Date occurs, and on March 1 of each year thereafter, the Hopi Tribe shall submit to the Arizona Department of Water Resources a report describing— the annual diversion amount, points of diversion, and places of Use of Hopi Tribe Upper Basin Colorado River Water; the annual diversion amount, points of diversion, and places of Use of Hopi Tribe Cibola Water; the location and annual amount of any Off-Reservation storage of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water; the amount of any Off-Reservation exchange involving Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water; and the location and annual amount of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water leased Off-Reservation. In order to accurately measure the flow of water diverted in the Upper Basin for Use by the Hopi Tribe in the State, the Hopi Tribe shall install suitable measuring devices at or near each point of diversion of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water from the Colorado River’s mainstem in the Upper Basin. The Hopi Tribe shall notify the Arizona Department of Water Resources, in writing, of any annual reporting conflicts between the Bureau, the Hopi Tribe, or the Upper Colorado River Commission prior to the completion by the Bureau of the annual Colorado River Accounting and Water Use Report for the Lower Basin . In any formal consultation carried out pursuant to section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) ) on or after the date of enactment of this Act with respect to water development in the San Juan River Basin, the provisions of section 5 of the document entitled Principles for Conducting Endangered Species Act Formal Section 7 Consultations on Water Development and Water Management Projects Affecting Endangered Fish Species in the San Juan River Basin , including revisions to that document approved by the Coordination Committee, San Juan River Basin Recovery Implementation Program, and dated August 2022 shall apply.

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