Sec. 3706. WATER DELIVERY THROUGH MILK RIVER PROJECT
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## SEC. 3706 WATER DELIVERY THROUGH MILK RIVER PROJECT ###
(a)In general Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall carry out the activities authorized under this section with respect to the St. Mary River water right. ###
(b)Treatment Notwithstanding article IV.D.4 of the Compact, any responsibility of the United States with respect to the St. Mary River water right shall be limited to, and fulfilled pursuant to— ####
(1)subsection
(c)of this section; and ####
(2)subsection (b)(3) of section 3716 and subsection (a)(1)(C) of section 3718. ###
(c)Water Delivery Contract ####
(1)In general Not later than 180 days after the enforceability date, the Secretary shall enter into a water delivery contract with the Tribe for the delivery of not greater than 5,000 acre-feet per year of the St. Mary River water right through Milk River Project facilities to the Tribe or another entity specified by the Tribe. ####
(2)Terms and conditions The contract under paragraph
(1)shall establish the terms and conditions for the water deliveries described in paragraph
(1)in accordance with the Compact and this subtitle. ####
(3)Requirements The water delivery contract under paragraph
(1)shall include provisions requiring that— #####
(A)the contract shall be without limit as to term; #####
(B)the Tribe, and not the United States, shall collect, and shall be entitled to, all consideration due to the Tribe under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (f); #####
(C)the United States shall have no obligation to monitor, administer, or account for— ######
(i)any funds received by the Tribe as consideration under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (f); or ######
(ii)the expenditure of such funds; #####
(D)if water deliveries under the contract are interrupted for an extended period of time because of damage to, or a reduction in the capacity of, St. Mary Unit facilities, the rights of the Tribe shall be treated in the same manner as the rights of other contractors receiving water deliveries through the Milk River Project with respect to the water delivered under this section; #####
(E)deliveries of water under this section shall be— ######
(i)limited to not greater than 5,000 acre-feet of water in any 1 year; ######
(ii)consistent with operations of the Milk River Project and without additional costs to the Bureau of Reclamation, including OM&R costs; and ######
(iii)without additional cost to the Milk River Project water users; and #####
(F)the Tribe shall be required to pay OM&R for water delivered under this section. ###
(d)Shortage Sharing or Reduction ####
(1)In general The 5,000 acre-feet per year of water delivered under paragraph (3)(E)(i) of subsection
(c)shall not be subject to shortage sharing or reduction, except as provided in paragraph (3)(D) of that subsection. ####
(2)No injury to milk river project water users Notwithstanding article IV.D.4 of the Compact, any reduction in the Milk River Project water supply caused by the delivery of water under subsection
(c)shall not constitute injury to Milk River Project water users. ###
(e)Subsequent Contracts ####
(1)In general As part of the studies authorized by section 3707(c)(1), the Secretary, acting through the Commissioner of Reclamation, and in cooperation with the Tribe, shall identify alternatives to provide to the Tribe water from the St. Mary River water right in quantities greater than the 5,000 acre-feet per year of water described in subsection (c)(3)(E)(i). ####
(2)Contract for water delivery If the Secretary determines under paragraph
(1)that more than 5,000 acre-feet per year of the St. Mary River water right can be delivered to the Tribe, the Secretary shall offer to enter into 1 or more contracts with the Tribe for the delivery of that water, subject to the requirements of subsection (c)(3) (except subsection (c)(3)(E)(i)) and this subsection. ####
(3)Treatment Any delivery of water under this subsection shall be subject to reduction in the same manner as for Milk River Project contract holders. ###
(f)Subcontracts ####
(1)In general The Tribe may enter into any subcontract for the delivery of water under this section to a third party, in accordance with section 3715(e). ####
(2)Compliance with other law All subcontracts described in paragraph
(1)shall comply with— #####
(A)this subtitle; #####
(B)the Compact; #####
(C)the tribal water code; and #####
(D)other applicable law. ####
(3)No liability The Secretary shall not be liable to any party, including the Tribe, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. ###
(g)Effect of Provisions Nothing in this section— ####
(1)precludes the Tribe from taking the water described in subsection (c)(3)(E)(i), or any additional water provided under subsection (e), from the direct flow of the St. Mary River; or ####
(2)modifies the quantity of the Tribal water rights described in article III.G.1. of the Compact. ###
(h)Other Rights Notwithstanding the requirements of article III.G.1.d of the Compact, after satisfaction of all water rights under State law for use of St. Mary River water, including the Milk River Project water rights, the Tribe shall have the right to the remaining portion of the share of the United States in the St. Mary River under the International Boundary Waters Treaty of 1909 (36 Stat. 2448) for any tribally authorized use or need consistent with this subtitle.
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Sec. 3706
WATER DELIVERY THROUGH MILK RIVER PROJECT
Stat.36 Stat. 2448
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