Sec. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM
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## SEC. 611 AUTHORIZATION OF REGIONAL WATER SYSTEM ###
(a)In general The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct a regional water system in accordance with the Settlement Agreement, to be known as the “Regional Water System”— ####
(1)to divert and distribute water to the Pueblos and to the County Water Utility, in accordance with the Engineering Report; and ####
(2)that consists of— #####
(A)surface water diversion facilities at San Ildefonso Pueblo on the Rio Grande; and #####
(B)any treatment, transmission, storage and distribution facilities and wellfields for the County Distribution System and Pueblo Water Facilities that are necessary to supply 4,000 acre-feet of water within the Pojoaque Basin, unless modified in accordance with subsection (d)(2). ###
(b)Final Project Design The Secretary shall issue a final project design as soon as feasible after completion of the environmental compliance described in section 616 for the Regional Water System that— ####
(1)is consistent with the Engineering Report; and ####
(2)includes a description of any Pueblo Water Facilities. ###
(c)Acquisition of Land; Water Rights ####
(1)Acquisition of Land Upon request, and in exchange for the funding which shall be provided in section 617(c), the Pueblos shall consent to the grant of such easements and rights-of-way as may be necessary for the construction of the Regional Water System at no cost to the Secretary. To the extent that the State or County own easements or rights-of-way that may be used for construction of the Regional Water System, the State or County shall provide that land or interest in land as necessary for construction at no cost to the Secretary. The Secretary shall acquire any other land or interest in land that is necessary for the construction of the Regional Water System. ####
(2)Water rights The Secretary shall not condemn water rights for purposes of the Regional Water System. ###
(d)Conditions for Construction ####
(1)In general The Secretary shall not begin construction of the Regional Water System facilities until the date on which— #####
(A)the Secretary executes— ######
(i)the Settlement Agreement; and ######
(ii)the Cost-Sharing and System Integration Agreement; and #####
(B)the State and the County have entered into an agreement with the Secretary to contribute the non-Federal share of the costs of the construction in accordance with the Cost-Sharing and System Integration Agreement. ####
(2)Modifications to regional water system #####
(A)In general The State and the County, in agreement with the Pueblos, the City, and other signatories to the Cost-Sharing and System Integration Agreement, may modify the extent, size, and capacity of the County Distribution System as set forth in the Cost-Sharing and System Integration Agreement. #####
(B)Effect A modification under subparagraph (A)— ######
(i)shall not affect implementation of the Settlement Agreement so long as the provisions in section 623 are satisfied; and ######
(ii)may result in an adjustment of the State and County cost-share allocation as set forth in the Cost-Sharing and System Integration Agreement. ###
(e)Applicable law The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design and construction of the Regional Water System. ###
(f)Construction Costs ####
(1)Pueblo water facilities #####
(A)In general Except as provided in subparagraph (B), the expenditures of the Secretary to construct the Pueblo Water Facilities under this section shall not exceed $243,400,000. #####
(B)Exception Of the amount described in subparagraph (A)— ######
(i)the initial $106,400,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2006, as determined using applicable engineering cost indices; and ######
(ii)any amounts made available in excess of the amount described in clause
(i)shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2018, as determined using applicable engineering cost indices. ####
(2)Costs to pueblo The costs incurred by the Secretary in carrying out activities to construct the Pueblo Water Facilities under this section shall not be reimbursable to the United States. ####
(3)County distribution system As a condition of the Secretary using the funds made available pursuant to section 617(a)(1), the costs of constructing the County Distribution System shall be a State and local expense pursuant to the Cost-Sharing and System Integration Agreement and the 611(g) Agreement. ###
(g)Initiation of Discussions ####
(1)In general If the Secretary determines that the cost of constructing the Regional Water System exceed the amounts described in the Cost-Sharing and System Integration Agreement for construction of the Regional Water System and would necessitate funds in excess of the amount made available pursuant to section 617(a)(1), the Secretary shall initiate negotiations with the parties to the Cost-Sharing and System Integration Agreement for an agreement regarding non-Federal contributions to ensure that the Regional Water System can be completed as required by section 623(e). ####
(2)Joint responsibilities The United States shall not bear the entire amount of any cost overrun, nor shall the State be responsible to pay any amounts in addition to the amounts specified in the Cost-Sharing and System Integration Agreement. ###
(h)Conveyance of Regional Water System Facilities ####
(1)In general Subject to paragraph (2), on completion of the construction of the Regional Water System as defined in section 623(e), the Secretary, in accordance with the Operating Agreement, shall convey to— #####
(A)each Pueblo the portion of any Pueblo Water Facility that is located within the boundaries of the Pueblo, including any land or interest in land located within the boundaries of the Pueblo that is acquired by the United States for the construction of the Pueblo Water Facility; #####
(B)the County the County Distribution System, including any land or interest in land acquired by the United States for the construction of the County Distribution System; and #####
(C)the Authority any portions of the Regional Water System that remain after making the conveyances under subparagraphs
(A)and (B), including any land or interest in land acquired by the United States for the construction of the portions of the Regional Water System. ####
(2)Conditions for conveyance The Secretary shall not convey any portion of the Regional Water System facilities under paragraph
(1)until the date on which— #####
(A)construction of the Regional Water System is substantially complete, as defined in section 623(e); and #####
(B)the Operating Agreement is executed in accordance with section 612. ####
(3)Subsequent conveyance On conveyance by the Secretary under paragraph (1), the Pueblos, the County, and the Authority shall not reconvey any portion of the Regional Water System conveyed to the Pueblos, the County, and the Authority, respectively, unless the reconveyance is authorized by an Act of Congress enacted after the date of enactment of this Act. ####
(4)Interest of the united states On conveyance of a portion of the Regional Water System under paragraph (1), the United States shall have no further right, title, or interest in and to the portion of the Regional Water System conveyed. ####
(5)Additional construction On conveyance of a portion of the Regional Water System under paragraph (1), the Pueblos, County, or the Authority, as applicable, may, at the expense of the Pueblos, County, or the Authority, construct any additional infrastructure that is necessary to fully use the water delivered by the Regional Water System. ####
(6)Taxation Conveyance of title to any portion of the Regional Water System, the Pueblo Water Facilities, or the County Distribution System under paragraph
(1)does not waive or alter any applicable Federal law prohibiting taxation of such facilities or the underlying land. ####
(7)Liability #####
(A)In general Effective on the date of conveyance of any land or facility under this section, 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 and facilities conveyed, other than damages caused by acts of negligence 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”). ####
(8)Effect Nothing in any transfer of ownership provided or any conveyance thereto as provided in this section shall extinguish the right of any Pueblo, the County, or the Regional Water Authority to the continuous use and benefit of each easement or right of way for the use, operation, maintenance, repair, and replacement of Pueblo Water Facilities, the County Distribution System or the Regional Water System or for wastewater purposes as provided in the Cost-Sharing and System Integration Agreement.
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Sec. 611
AUTHORIZATION OF REGIONAL WATER SYSTEM
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