Sec. 614. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM CAPACITY AND WATER
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## SEC. 614 DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM CAPACITY AND WATER ###
(a)Allocation of Regional Water System Capacity ####
(1)In general The Regional Water System shall have the capacity to divert from the Rio Grande a quantity of water sufficient to provide— #####
(A)up to 4,000 acre-feet of consumptive use of water; and #####
(B)the requisite peaking capacity described in— ######
(i)the Engineering Report; and ######
(ii)the final project design. ####
(2)Allocation to the pueblos and county water utility Of the capacity described in paragraph (1)— #####
(A)there shall be allocated to the Pueblos— ######
(i)sufficient capacity for the conveyance of 2,500 acre-feet consumptive use; and ######
(ii)the requisite peaking capacity for the quantity of water described in clause (i); and #####
(B)there shall be allocated to the County Water Utility— ######
(i)sufficient capacity for the conveyance of up to 1,500 acre-feet consumptive use; and ######
(ii)the requisite peaking capacity for the quantity of water described in clause (i). ####
(3)Applicable law Water shall be allocated to the Pueblos and the County Water Utility under this subsection in accordance with— #####
(A)this subtitle; #####
(B)the Settlement Agreement; and #####
(C)the Operating Agreement. ###
(b)Delivery of Regional Water System Water The Authority shall deliver water from the Regional Water System— ####
(1)to the Pueblos water in a quantity sufficient to allow full consumptive use of up to 2,500 acre-feet per year of water rights by the Pueblos in accordance with— #####
(A)the Settlement Agreement; #####
(B)the Operating Agreement; and #####
(C)this subtitle; and ####
(2)to the County water in a quantity sufficient to allow full consumptive use of up to 1,500 acre-feet per year of water rights by the County Water Utility in accordance with— #####
(A)the Settlement Agreement; #####
(B)the Operating Agreement; and #####
(C)this subtitle. ###
(c)Additional Use of Allocation Quantity and Unused Capacity The Regional Water System may be used to— ####
(1)provide for use of return flow credits to allow for full consumptive use of the water allocated in the Settlement Agreement to each of the Pueblos and to the County; and ####
(2)convey water allocated to one of the Pueblos or the County Water Utility for the benefit of another Pueblo or the County Water Utility or allow use of unused capacity by each other through the Regional Water System in accordance with an intergovernmental agreement between the Pueblos, or between a Pueblo and County Water Utility, as applicable, if— #####
(A)such intergovernmental agreements are consistent with the Operating Agreement, the Settlement Agreement, and this title; #####
(B)capacity is available without reducing water delivery to any Pueblo or the County Water Utility in accordance with the Settlement Agreement, unless the County Water Utility or Pueblo contracts for a reduction in water delivery or Regional Water System capacity; #####
(C)the Pueblo or County Water Utility contracting for use of the unused capacity or water has the right to use the water under applicable law; and #####
(D)any agreement for the use of unused capacity or water provides for payment of the operation, maintenance, and replacement costs associated with the use of capacity or water. ###
(d)Interim Use of County Capacity In accordance with section 9.6.4 of the Settlement Agreement, the County may use unused capacity and water rights of the County Water Utility to supply water within the County outside of the Pojoaque Basin— ####
(1)on approval by the State and the Authority; and ####
(2)subject to the issuance of a permit by the New Mexico State Engineer.