Sec. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT
1,394 words·~6 min read·
/statute-compilations/comps-11597/sec-10602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 10602 AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT ###
(a)In general The Secretary, acting through the Commissioner of Reclamation, is authorized to design, construct, operate, and maintain the Project in substantial accordance with the preferred alternative in the Draft Impact Statement. ###
(b)Project Facilities To provide for the delivery of San Juan River water to Project Participants, the Secretary may construct, operate, and maintain the Project facilities described in the preferred alternative in the Draft Impact Statement, including: ####
(1)A pumping plant on the San Juan River in the vicinity of Kirtland, New Mexico. ####
(2)#####
(A)A main pipeline from the San Juan River near Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New Mexico, which follows United States Highway 491. #####
(B)Any pumping plants associated with the pipeline authorized under subparagraph (A). ####
(3)#####
(A)A main pipeline from Cutter Reservoir to Ojo Encino, New Mexico, which follows United States Highway 550. #####
(B)Any pumping plants associated with the pipeline authorized under subparagraph (A). ####
(4)#####
(A)Lateral pipelines from the main pipelines to Nation communities in the States of New Mexico and Arizona. #####
(B)Any pumping plants associated with the pipelines authorized under subparagraph (A). ####
(5)Any water regulation, storage or treatment facility, service connection to an existing public water supply system, power substation, power distribution works, or other appurtenant works (including a building or access road) that is related to the Project facilities authorized by paragraphs
(1)through (4), including power transmission facilities and associated wheeling services to connect Project facilities to existing high-voltage transmission facilities and deliver power to the Project. ###
(c)Acquisition of Land ####
(1)In general The Secretary is authorized to acquire any land or interest in land that is necessary to construct, operate, and maintain the Project facilities authorized under subsection (b). ####
(2)Land of the project participants As a condition of construction of the facilities authorized under this part, the Project Participants shall provide all land or interest in land, as appropriate, that the Secretary identifies as necessary for acquisition under this subsection at no cost to the Secretary. ####
(3)Limitation The Secretary may not condemn water rights for purposes of the Project. ###
(d)Conditions ####
(1)In general Except as provided in paragraph (2), the Secretary shall not commence construction of the facilities authorized under subsection
(b)until such time as— #####
(A)the Secretary executes the Agreement and the Contract; #####
(B)the contracts authorized under section 10604 are executed; #####
(C)the Secretary— ######
(i)completes an environmental impact statement for the Project; and ######
(ii)has issued a record of decision that provides for a preferred alternative; and #####
(D)the Secretary has entered into an agreement with the State of New Mexico under which the State of New Mexico will provide a share of the construction costs of the Project of not less than $50,000,000, except that the State of New Mexico shall receive credit for funds the State has contributed to construct water conveyance facilities to the Project Participants to the extent that the facilities reduce the cost of the Project as estimated in the Draft Impact Statement. ####
(2)Exception If the Jicarilla Apache Nation elects not to enter into a contract pursuant to section 10604, the Secretary, after consulting with the Nation, the City, and the State of New Mexico acting through the Interstate Stream Commission, may make appropriate modifications to the scope of the Project and proceed with Project construction if all other conditions for construction have been satisfied. ####
(3)Effect of indian self-determination and education assistance act The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design, construction, operation, maintenance, or replacement of the Project. ###
(e)Power The Secretary shall reserve, from existing reservations of Colorado River Storage Project power for Bureau of Reclamation projects, up to 26 megawatts of power for use by the Project. ###
(f)Conveyance of Title to Project Facilities ####
(1)In general The Secretary is authorized to enter into separate agreements with the City and the Nation and, on entering into the agreements, shall convey title to each Project facility or section of a Project facility authorized under subsection
(b)(including any appropriate interests in land) to the City and the Nation after— #####
(A)completion of construction of a Project facility or a section of a Project facility that is operating and delivering water; and #####
(B)execution of a Project operations agreement approved by the Secretary and the Project Participants that sets forth— ######
(i)any terms and conditions that the Secretary determines are necessary— ######
(I)to ensure the continuation of the intended benefits of the Project; and ######
(II)to fulfill the purposes of this part; ######
(ii)requirements acceptable to the Secretary and the Project Participants for— ######
(I)the distribution of water under the Project or section of a Project facility; and ######
(II)the allocation and payment of annual operation, maintenance, and replacement costs of the Project or section of a Project facility based on the proportionate uses of Project facilities; and ######
(iii)conditions and requirements acceptable to the Secretary and the Project Participants for operating and maintaining each Project facility on completion of the conveyance of title, including the requirement that the City and the Nation shall— ######
(I)comply with— ######
(aa)the Compact; and ######
(bb)other applicable law; and ######
(II)be responsible for— ######
(aa)the operation, maintenance, and replacement of each Project facility; and ######
(bb)the accounting and management of water conveyance and Project finances, as necessary to administer and fulfill the conditions of the Contract executed under section 10604(a)(2)(B). ####
(2)Effect of conveyance The conveyance of title to each Project facility shall not affect the application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use of the water associated with the Project. ####
(3)Liability #####
(A)In general Effective on the date of the conveyance authorized by this subsection, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States, or by employees or agents of the United States, prior to the date of conveyance. #####
(B)Tort claims Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”). ####
(4)Notice of proposed conveyance Not later than 45 days before the date of a proposed conveyance of title to any Project facility, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice of the conveyance of each Project facility. ###
(g)Colorado River Storage Project Power The conveyance of Project facilities under subsection
(f)shall not affect the availability of Colorado River Storage Project power to the Project under subsection (e). ###
(h)Regional Use of Project Facilities ####
(1)In general Subject to paragraph (2), Project facilities constructed under subsection
(b)may be used to treat and convey non-Project water or water that is not allocated by subsection 10603(b) if— #####
(A)capacity is available without impairing any water delivery to a Project Participant; and #####
(B)the unallocated or non-Project water beneficiary— ######
(i)has the right to use the water; ######
(ii)agrees to pay the operation, maintenance, and replacement costs assignable to the beneficiary for the use of the Project facilities; and ######
(iii)agrees to pay an appropriate fee that may be established by the Secretary to assist in the recovery of any capital cost allocable to that use. ####
(2)Effect of payments Any payments to the United States or the Nation for the use of unused capacity under this subsection or for water under any subcontract with the Nation or the Jicarilla Apache Nation shall not alter the construction repayment requirements or the operation, maintenance, and replacement payment requirements of the Project Participants.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources