Sec. 305. WATER RIGHTS
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/statute-compilations/comps-13809/sec-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 305 WATER RIGHTS ###
(a)Treatment of Tribal Water Rights The tribal water rights— ####
(1)shall be held in trust by the United States on behalf of the Tribe; and ####
(2)shall not be subject to forfeiture or abandonment. ###
(b)Reallocation ####
(1)In general In accordance with this title and the Agreement, the Secretary shall reallocate to the Tribe, and offer to enter into a contract with the Tribe for the delivery in accordance with this section of— #####
(A)an entitlement to 23,782 acre-feet per year of CAP water that has a non-Indian agricultural delivery priority (as defined in the Contract) in accordance with section 104(a)(1)(A)(iii) of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3488), of which— ######
(i)3,750 acre-feet per year shall be firmed by the United States for the benefit of the Tribe for the 100-year period beginning on January 1, 2008, with priority equivalent to CAP M&I priority water, in accordance with section 105(b)(1)(B) of that Act (118 Stat. 3492); and ######
(ii)3,750 acre-feet per year shall be firmed by the State for the benefit of the Tribe for the 100-year period beginning on January 1, 2008, with priority equivalent to CAP M&I priority water, in accordance with section 105(b)(2)(B) of that Act (118 Stat. 3492); and #####
(B)an entitlement to 1,218 acre-feet per year of the water— ######
(i)acquired by the Secretary through the permanent relinquishment of the Harquahala Valley Irrigation District CAP subcontract entitlement in accordance with the contract numbered 3-07-30-W0290 among the District, Harquahala Valley Irrigation District, and the United States; and ######
(ii)converted to CAP Indian Priority water (as defined in the Contract) pursuant to the Fort McDowell Indian Community Water Rights Settlement Act of 1990 (Public Law 101-628; 104 Stat. 4480). ####
(2)Authority of Tribe Subject to approval by the Secretary under section 306(a)(1), the Tribe shall have the sole authority to lease, distribute, exchange, or allocate the tribal CAP water described in paragraph (1). ###
(c)Water Service Capital Charges The Tribe shall not be responsible for any water service capital charge for tribal CAP water. ###
(d)Allocation and Repayment For the purpose of determining the allocation and repayment of costs of any stage of the CAP constructed after November 21, 2007, the costs associated with the delivery of water described in subsection (b), regardless of whether the water is delivered for use by the Tribe or in accordance with any assignment, exchange, lease, option to lease, or other agreement for the temporary disposition of water entered into by the Tribe, shall be— ####
(1)nonreimbursable; and ####
(2)excluded from the repayment obligation of the District. ###
(e)Water Code Not later than 18 months after the enforceability date, the Tribe shall enact a water code that— ####
(1)governs the tribal water rights; and ####
(2)includes, at a minimum— #####
(A)provisions requiring the measurement, calculation, and recording of all diversions and depletions of water on the reservation and on off-reservation trust land; #####
(B)terms of a water conservation plan, including objectives, conservation measures, and an implementation timeline; #####
(C)provisions requiring the approval of the Tribe for the severance and transfer of rights to the use of water from historically irrigated land identified in paragraph 11.3.2.1 of the Agreement to diversions and depletions on other non-historically irrigated land not located on the watershed of the same water source; and #####
(D)provisions requiring the authorization of the Tribe for all diversions of water on the reservation and on off-reservation trust land by any individual or entity other than the Tribe.
Connectionstraces to 1
4 references not yet in our index
- Pub. L. 108-451
- 118 Stat. 3488
- 118 Stat. 3492
- Pub. L. 101-628
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Sec. 305
WATER RIGHTS
Pub. L.Pub. L. 108-451
Stat.118 Stat. 3488
Stat.118 Stat. 3492
Pub. L.Pub. L. 101-628
Cites 5Cited by 0 across 0 sources