Sec. 506. MARKETING
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/statute-compilations/comps-13809/sec-506A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 506 MARKETING ###
(a)Pueblo Water Rights Subject to the approval of the Secretary in accordance with subsection (e), the Pueblo may market water rights secured to it under the Settlement Agreement and Partial Final Decree, provided that such marketing is in accordance with this section. ###
(b)Pueblo Contract Rights to San Juan-Chama Project Water Subject to the approval of the Secretary in accordance with subsection (e), the Pueblo may subcontract water made available to the Pueblo under the contract authorized under section 508(b)(1)(A) to third parties to supply water for use within or without the Taos Valley, provided that the delivery obligations under such subcontract are not inconsistent with the Secretary’s existing San Juan-Chama Project obligations and such subcontract is in accordance with this section. ###
(c)Limitation ####
(1)In general Diversion or use of water off Pueblo lands pursuant to Pueblo water rights or Pueblo contract rights to San Juan-Chama Project water shall be subject to and not inconsistent with the same requirements and conditions of State law, any applicable Federal law, and any applicable interstate compact as apply to the exercise of water rights or contract rights to San Juan-Chama Project water held by non-Federal, non-Indian entities, including all applicable State Engineer permitting and reporting requirements. ####
(2)Effect on water rights Such diversion or use off Pueblo lands under paragraph
(1)shall not impair water rights or increase surface water depletions within the Taos Valley. ###
(d)Maximum Term ####
(1)In general The maximum term of any water use lease or subcontract, including all renewals, shall not exceed 99 years in duration. ####
(2)Alienation of rights The Pueblo shall not permanently alienate any rights it has under the Settlement Agreement, the Partial Final Decree, and this title. ###
(e)Approval of Secretary The Secretary shall approve or disapprove any lease or subcontract submitted by the Pueblo for approval within a reasonable period of time after submission, provided that no Secretarial approval shall be required for any water use lease for less than 10 acre-feet per year with a term of less than 7 years, including all renewals. ###
(f)No Forfeiture or Abandonment The nonuse by a lessee or subcontractor of the Pueblo of any right to which the Pueblo is entitled under the Partial Final Decree shall in no event result in a forfeiture, abandonment, relinquishment, or other loss of all or any part of those rights. ###
(g)No Preemption ####
(1)In general The approval authority of the Secretary provided under subsection
(e)shall not amend, construe, supersede, or preempt any State or Federal law, interstate compact, or international treaty that pertains to the Colorado River, the Rio Grande, or any of their tributaries, including the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quantity of those waters. ####
(2)Applicable law The provisions of section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any water made available under the Settlement Agreement. ###
(h)No Prejudice Nothing in this title shall be construed to establish, address, prejudice, or prevent any party from litigating whether or to what extent any applicable State law, Federal law, or interstate compact does or does not permit, govern, or apply to the use of the Pueblo’s water outside of New Mexico.
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