Sec. 9. ENFORCEABILITY DATE
536 words·~2 min read·
/statute-compilations/comps-11354/sec-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 9 ENFORCEABILITY DATE ###
(a)In general Except as provided in subsection (b), the enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— ####
(1)#####
(A)to the extent that the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement conflict with this Act, the applicable agreement has been revised by amendment to eliminate the conflict; and #####
(B)the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement have been executed by all parties to those agreements; ####
(2)the Corporation has submitted to ADWR a conditional amendment of the sever and transfer applications for the Lincoln Ranch water right and amendments to the sever and transfer applications for Planet Ranch and Lincoln Ranch water rights consistent with section 4.2.1(ii)(a) of the Big Sandy River-Planet Ranch Agreement; ####
(3)the Secretary and the Arizona Game and Fish Commission have executed and filed with ADWR a conditional withdrawal of each objection described in section 4(b)(3); ####
(4)#####
(A)ADWR has issued a conditional order approving the sever and transfer applications of the Corporation; and #####
(B)all objections to the sever and transfer applications have been— ######
(i)conditionally withdrawn; or ######
(ii)resolved in a decision issued by ADWR that is final and nonappealable; ####
(5)the Secretary has provided a notice to the parties to the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement that the Department has completed the legally required environmental compliance described in section 8; ####
(6)the steering committee for the Conservation Program has approved and authorized the manager of the Conservation Program to execute the lease in the form as set forth in exhibit 2.33 to the Big Sandy River-Planet Ranch Agreement; and ####
(7)the waivers and releases authorized by section 6 have been executed by the Tribe and the Secretary. ###
(b)Ratification and Execution of Agreements Notwithstanding subsection (a), for purposes of sections 4, 5, and 8, the Secretary shall carry out the requirements of this Act as promptly as practicable after the date of enactment of this Act. ###
(c)Failure of Enforceability Date to Occur If the Secretary does not publish a statement of findings under subsection
(a)by December 15, 2015, or an extended date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to the State of Arizona— ####
(1)this Act is repealed effective beginning on the later of— #####
(A)December 31, 2015; and #####
(B)the date that is 14 days after the extended date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to the State of Arizona; ####
(2)any action taken by the Secretary to carry out this Act shall cease, and any agreement executed pursuant to this Act, shall be void; and ####
(3)the Tribe, members of the Tribe, the allottees, and the United States, acting as trustee for the Tribe, members of the Tribe, and the allottees, shall retain the right to assert past, present, and future claims to water rights and claims for injury to water rights in the Bill Williams River watershed.