Page:United States Statutes at Large Volume 114 Part 5.djvu/301

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PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-261 "(ii) deliver, through the use of the project components referred to in clause (i), municipal and industrial water allocations— "(I) with an average annual depletion not to exceed 16,525 acre-feet of water, to the Southern Ute Indian Tribe for its present and future needs; "(II) with an average annual depletion not to exceed 16,525 acre-feet of water, to the Ute Mountain Ute Indian Tribe for its present and future needs; "(III) with an average annual depletion not to exceed 2,340 acre-feet of water, to the Navajo Nation for its present and future needs; "(IV) with an average annual depletion not to exceed 10,400 acre-feet of water, to the San Juan Water Commission for its present and future needs; "(V) with an average annual depletion of an amount not to exceed 2,600 acre-feet of water, to the Animas-La Plata Conservancy District for its present and future needs; "(VI) with an average annual depletion of an amount not to exceed 5,230 acre-feet of water, to the State of Colorado for its present and future needs; and "(VII) with an average annual depletion of an amount not to exceed 780 acre-feet of water, to the La Plata Conservancy District of New Mexico for its present and future needs. "(B) APPLICABILITY OF OTHER FEDERAL LAW.— The responsibilities of the Secretary described in subparagraph (A) are subject to the requirements of Federal laws related to the protection of the environment and otherwise applicable to the construction of the proposed facilities, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Clean Water Act (42 U.S.C. 7401 et seq.), and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Nothing in this Act shall be construed to predetermine or otherwise affect the outcome of any analysis conducted by the Secretary or any other Federal official under applicable laws. "(C) LIMITATION.— "(i) IN GENERAL. — If constructed, the facilities described in subparagraph (A) shall constitute the Animas-La Plata Project. Construction of any other project features authorized by Public Law 90-537 shall not be commenced without further express authorization from Congress. "(ii) CONTINGENCY IN APPLICATION. —I f the facilities described in subparagraph (A) are not constructed and operated, clause (i) shall not take effect. "(2) TRIBAL CONSTRUCTION COSTS.— Construction costs allocable to the facilities that are required to deliver the municipal and industrial water allocations described in subclauses (I), (II) and (III) of paragraph (l)(A)(ii) shall be nonreimbursable to the United States. " (3) NONTRIBAL WATER CAPITAL OBLIGATIONS. —