Sec. 10701. AGREEMENT

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## SEC. 10701 AGREEMENT **[**[43 U.S.C. 620 note](/us/usc/t43/s620)**]** ###

(a)Agreement Approval ####

(1)Approval by congress Except to the extent that any provision of the Agreement conflicts with this subtitle, Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to make the Agreement consistent with this subtitle). ####

(2)Execution by secretary The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including— #####

(A)any exhibits to the Agreement requiring the signature of the Secretary; and #####

(B)any amendments to the Agreement necessary to make the Agreement consistent with this subtitle. ####

(3)Authority of secretary The Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the Agreement, the Contract, and this section. ####

(4)Administration of navajo reservoir releases The State of New Mexico may administer water that has been released from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement. ###

(b)Water Available Under Contract ####

(1)Quantities of water available #####

(A)In general Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San Juan River (including tributaries of the River) under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B). #####

(B)Water quantities The quantities of water referred to in subparagraph

(A)are as follows: Diversion (acre-feet/year)Depletion (acre-feet/year)Navajo Indian Irrigation Project508,000270,000Navajo-Gallup Water Supply Project22,65020,780Animas-La Plata Project4,6802,340Total535,330293,120 #####

(C)Maximum quantity A diversion of water to the Nation under the Contract for a project described in subparagraph

(B)shall not exceed the quantity of water necessary to supply the amount of depletion for the project. #####

(D)Terms, conditions, and limitations The diversion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other applicable law. ####

(2)Amendments to contract The Secretary, with the consent of the Nation, may amend the Contract if the Secretary determines that the amendment is— #####

(A)consistent with the Agreement; and #####

(B)in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation. ####

(3)Rights of the nation The Nation may, under the Contract— #####

(A)use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if— ######

(i)the depletion of water does not exceed the quantities described in paragraph (1); and ######

(ii)the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; and #####

(B)change a point of diversion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the State of Arizona under section 10603(b)(2)(D)), to another use, purpose, place, or depletion in the State of New Mexico to meet a water resource or economic need of the Nation if— ######

(i)the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and ######

(ii)a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract. ###

(c)Subcontracts ####

(1)In general #####

(A)Subcontracts between nation and third parties The Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation). #####

(B)Approval required A subcontract entered into under subparagraph

(A)shall not be effective until approved by the Secretary in accordance with this subsection and the Contract. #####

(C)Submittal The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection. #####

(D)Deadline The Secretary shall approve or disapprove a subcontract submitted to the Secretary under subparagraph

(C)not later than the later of— ######

(i)the date that is 180 days after the date on which the subcontract is submitted to the Secretary; and ######

(ii)the date that is 60 days after the date on which a subcontractor complies with— ######

(I)section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and ######

(II)any other requirement of Federal law. #####

(E)Enforcement A party to a subcontract may enforce the deadline described in subparagraph

(D)under section 1361 of title 28, United States Code. #####

(F)Compliance with other law A subcontract described in subparagraph

(A)shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, and any other applicable law. #####

(G)No liability The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. ####

(2)Alienation #####

(A)Permanent alienation The Nation shall not permanently alienate any right granted to the Nation under the Contract. #####

(B)Maximum term The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years. ####

(3)Nonintercourse act compliance This subsection— #####

(A)provides congressional authorization for the subcontracting rights of the Nation; and #####

(B)is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes (25 U.S.C. 177). ####

(4)Forfeiture The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. ####

(5)No Per Capita Payments No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis. ###

(d)Water Leases Not Requiring Subcontracts ####

(1)Authority of nation #####

(A)In general The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Mexico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that— ######

(i)is decreed to the Nation under the Agreement; and ######

(ii)is not subject to the Contract. #####

(B)Compliance with other law In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law. ####

(2)Alienation; maximum term #####

(A)Alienation The Nation shall not permanently alienate any right granted to the Nation under the Agreement. #####

(B)Maximum term The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years. ####

(3)No liability The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. ####

(4)Nonintercourse act compliance This subsection— #####

(A)provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); and #####

(B)is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes (25 U.S.C. 177). ####

(5)Forfeiture The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. ###

(e)Nullification ####

(1)Deadlines #####

(A)In general In carrying out this section, the following deadlines apply with respect to implementation of the Agreement: ######

(i)Agreement Not later than December 31, 2010, the Secretary shall execute the Agreement. ######

(ii)Contract Not later than December 31, 2010, the Secretary and the Nation shall execute the Contract. ######

(iii)Partial final decree Not later than December 31, 2013, the court in the stream adjudication shall have entered the Partial Final Decree described in paragraph 3.0 of the Agreement. ######

(iv)Fruitland-cambridge irrigation project Not later than December 31, 2016, the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 10607(a)(1) shall be completed. ######

(v)Supplemental partial final decree Not later than December 31, 2016, the court in the stream adjudication shall enter the Supplemental Partial Final Decree described in subparagraph 4.0 of the Agreement. ######

(vi)Hogback-cudei irrigation project Not later than December 31, 2019, the rehabilitation construction of the Hogback-Cudei Irrigation Project authorized under section 10607(a)(2) shall be completed. ######

(vii)Trust fund Not later than December 31, 2019, the United States shall make all deposits into the Trust Fund under section 10702. ######

(viii)Conjunctive wells Not later than December 31, 2019, the funds authorized to be appropriated under section 10609(b)(1) for the conjunctive use wells authorized under section 10606(b) should be appropriated. ######

(ix)Navajo-gallup water supply project Not later than December 31, 2024, the construction of all Project facilities shall be completed. #####

(B)Extension A deadline described in subparagraph

(A)may be extended if the Nation, the United States (acting through the Secretary), and the State of New Mexico (acting through the New Mexico Interstate Stream Commission) agree that an extension is reasonably necessary. ####

(2)Revocability of agreement, contract and authorizations #####

(A)Petition If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement . #####

(B)Termination On issuance of an order to terminate the Agreement under subparagraph (A)— ######

(i)the Trust Fund shall be terminated; ######

(ii)the balance of the Trust Fund shall be deposited in the general fund of the Treasury; ######

(iii)the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; and ######

(iv)this part and parts I and III shall be null and void. ####

(3)Conditions not causing nullification of settlement #####

(A)In general If a condition described in subparagraph

(B)occurs, the Agreement shall not be nullified or terminated. #####

(B)Conditions The conditions referred to in subparagraph

(A)are as follows: ######

(i)A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 10606. ######

(ii)A failure— ######

(I)to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona; ######

(II)to obtain a necessary water right for the consumptive use of water in Arizona; ######

(III)to contract for the delivery of water for use in Arizona; or ######

(IV)to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project. ###

(f)Effect on Rights of Indian Tribes ####

(1)In general Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San Juan River Basin in the State of New Mexico. ####

(2)Exception The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9.13 of the Agreement. * * * * * * * ## Subtitle B Northwestern New Mexico Rural Water Projects

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U.S. Code

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Sec. 10701

AGREEMENT

U.S.C.§ 620

U.S.C.§ 4332

U.S.C.§ 177

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