Sec. 10402. AMENDMENTS TO PUBLIC LAW 87-483

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## SEC. 10402 AMENDMENTS TO PUBLIC LAW 87-483 ###

(a)Navajo Indian Irrigation Project Public Law 87-483 (76 Stat. 96) is amended by striking section 2 and inserting the following: > > ## “SEC. 2 > > > ###

(a)> > **[**[43 U.S.C. 615jj](/us/usc/t43/s615jj)**]** > > In accordance with the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 et seq.), the Secretary of the Interior is authorized to construct, operate, and maintain the Navajo Indian Irrigation Project to provide irrigation water to a service area of not more than 110,630 acres of land. > > > ### “(b) > > > ####

(1)> > Subject to paragraph (2), the average annual diversion by the Navajo Indian Irrigation Project from the Navajo Reservoir over any consecutive 10-year period shall be the lesser of— > > > ##### “(A) > > 508,000 acre-feet per year; or > > > ##### “(B) > > the quantity of water necessary to supply an average depletion of 270,000 acre-feet per year. > > > #### “(2) > > The quantity of water diverted for any 1 year shall not exceed the average annual diversion determined under paragraph

(1)by more than 15 percent. > > > ### “(c) > > In addition to being used for irrigation, the water diverted by the Navajo Indian Irrigation Project under subsection

(b)may be used within the area served by Navajo Indian Irrigation Project facilities for the following purposes: > > > #### “(1) > > Aquaculture purposes, including the rearing of fish in support of the San Juan River Basin Recovery Implementation Program authorized by Public Law 106-392 (114 Stat. 1602). > > > #### “(2) > > Domestic, industrial, or commercial purposes relating to agricultural production and processing. > > > #### “(3) > > > #####

(A)> > The generation of hydroelectric power as an incident to the diversion of water by the Navajo Indian Irrigation Project for authorized purposes. > > > ##### “(B) > > Notwithstanding any other provision of law— > > > ###### “(i) > > any hydroelectric power generated under this paragraph shall be used or marketed by the Navajo Nation; > > > ###### “(ii) > > the Navajo Nation shall retain any revenues from the sale of the hydroelectric power; and > > > ###### “(iii) > > the United States shall have no trust obligation to monitor, administer, or account for the revenues received by the Navajo Nation, or the expenditure of the revenues. > > > #### “(4) > > The implementation of the alternate water source provisions described in subparagraph 9.2 of the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act. > > > ### “(d) > > The Navajo Indian Irrigation Project water diverted under subsection

(b)may be transferred to areas located within or outside the area served by Navajo Indian Irrigation Project facilities, and within or outside the boundaries of the Navajo Nation, for any beneficial use in accordance with— > > > #### “(1) > > the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act; > > > #### “(2) > > the contract executed under section 10604(a)(2)(B) of that Act; and > > > #### “(3) > > any other applicable law. > > > ### “(e) > > The Secretary may use the capacity of the Navajo Indian Irrigation Project works to convey water supplies for— > > > #### “(1) > > the Navajo-Gallup Water Supply Project under section 10602 of the Northwestern New Mexico Rural Water Projects Act; or > > > #### “(2) > > other nonirrigation purposes authorized under subsection

(c)or (d). > > > ### “(f) > > > ####

(1)> > Repayment of the costs of construction of the project (as authorized in subsection (a)) shall be in accordance with the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 et seq.), including section 4(d) of that Act. > > > #### “(2) > > The Secretary shall not reallocate, or require repayment of, construction costs of the Navajo Indian Irrigation Project because of the conveyance of water supplies for nonirrigation purposes under subsection (e).” > . ###

(b)Runoff Above Navajo Dam **[**[43 U.S.C. 615ss](/us/usc/t43/s615ss)**]** Section 11 of Public Law 87-483 (76 Stat. 100) is amended by adding at the end the following: > > ### “(d) > > > ####

(1)> > For purposes of implementing in a year of prospective shortage the water allocation procedures established by subsection (a), the Secretary of the Interior shall determine the quantity of any shortages and the appropriate apportionment of water using the normal diversion requirements on the flow of the San Juan River originating above Navajo Dam based on the following criteria: > > > ##### “(A) > > The quantity of diversion or water delivery for the current year anticipated to be necessary to irrigate land in accordance with cropping plans prepared by contractors. > > > ##### “(B) > > The annual diversion or water delivery demands for the current year anticipated for non-irrigation uses under water delivery contracts, including contracts authorized by the Northwestern New Mexico Rural Water Projects Act, but excluding any current demand for surface water for placement into aquifer storage for future recovery and use. > > > ##### “(C) > > An annual normal diversion demand of 135,000 acre-feet for the initial stage of the San Juan-Chama Project authorized by section 8, which shall be the amount to which any shortage is applied. > > > #### “(2) > > The Secretary shall not include in the normal diversion requirements— > > > ##### “(A) > > the quantity of water that reliably can be anticipated to be diverted or delivered under a contract from inflows to the San Juan River arising below Navajo Dam under New Mexico State Engineer File No. 3215; or > > > ##### “(B) > > the quantity of water anticipated to be supplied through reuse. > > > ### “(e) > > > ####

(1)> > If the Secretary determines that there is a shortage of water under subsection (a), the Secretary shall respond to the shortage in the Navajo Reservoir water supply by curtailing releases and deliveries in the following order: > > > ##### “(A) > > The demand for delivery for uses in the State of Arizona under the Navajo-Gallup Water Supply Project authorized by section 10603 of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for the uses from inflows to the San Juan River that arise below Navajo Dam in accordance with New Mexico State Engineer File No. 3215. > > > ##### “(B) > > The demand for delivery for uses allocated under paragraph 8.2 of the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for such uses under State Engineer File No. 3215. > > > ##### “(C) > > The uses in the State of New Mexico that are determined under subsection (d), in accordance with the procedure for apportioning the water supply under subsection (a). > > > #### “(2) > > For any year for which the Secretary determines and responds to a shortage in the Navajo Reservoir water supply, the Secretary shall not deliver, and contractors of the water supply shall not divert, any of the water supply for placement into aquifer storage for future recovery and use. > > > #### “(3) > > To determine the occurrence and amount of any shortage to contracts entered into under this section, the Secretary shall not include as available storage any water stored in a top water bank in Navajo Reservoir established under section 16(a) of the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’). > > > ### “(f) > > The Secretary of the Interior shall apportion water under subsections (a), (d), and

(e)on an annual volume basis. > > > ### “(g) > > The Secretary of the Interior may revise a determination of shortages, apportionments, or allocations of water under subsections (a), (d), and

(e)on the basis of information relating to water supply conditions that was not available at the time at which the determination was made. > > > ### “(h) > > Nothing in this section prohibits the distribution of water in accordance with cooperative water agreements between water users providing for a sharing of water supplies. > > > ### “(i) > > Diversions under New Mexico State Engineer File No. 3215 shall be distributed, to the maximum extent water is available, in proportionate amounts to the diversion demands of contractors and subcontractors of the Navajo Reservoir water supply that are diverting water below Navajo Dam.” > .

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