118 STAT. 2216 PUBLIC LAW 108–382—OCT. 30, 2004 is confirmed and declared to be a valid contract of the United States that is enforceable in accordance with the express terms of the contract. (c) USE OF CENTRAL UTAH PROJECT WATER.— (1) IN GENERAL.—Subject to paragraph (2), any entity with contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity rights in existence on the date of enactment of this Act may, in addition to the uses described in the existing contracts, use the capacity rights, without additional charge or further approval from the Secretary, to transport Central Utah Project water on behalf of the entity or others. (2) LIMITATIONS.—An entity shall not use the capacity rights to transport Central Utah Project water under paragraph (1) unless— (A) the transport of the water is expressly authorized by the Central Utah Water Conservancy District; (B) the use of the water facility to transport the Central Utah Project water is expressly authorized by the entity responsible for operation and maintenance of the facility; and (C) carrying Central Utah Project water through Provo River Project facilities would not— (i) materially impair the ability of the Central Utah Water Conservancy District or the Secretary to meet existing express environmental commitments for the Bonneville Unit; or (ii) require the release of additional Central Utah Project water to meet those environmental commit ments. (d) AUTHORIZED MODIFICATIONS.—The Agreement may provide for— (1) the modification of the 1936 Repayment Contract for the Deer Creek Division of the Provo River Project to reflect the partial prepayment, the adjustment of the annual repay ment amount, and the transfer of the Provo Reservoir Canal and the Pleasant Grove Property; and (2) the modification or termination of the 1938 Repayment Contract for the Aqueduct Division of the Provo River Project to reflect the complete payout and transfer of all facilities of the Aqueduct Division. (e) EFFECT OF ACT.—Nothing in this Act impairs any contract (including subscription contracts) in effect on the date of enactment of this Act that allows for or creates a right to convey water through the Provo Reservoir Canal. SEC. 5. EFFECT OF CONVEYANCE. On conveyance of any land or facility under subsection (a) or (b)(1) of section 3— (1) the land and facilities shall no longer be part of a Federal reclamation project; (2) the Association and the District shall not be entitled to receive any future reclamation benefits with respect to the land and facilities, except for benefits that would be available to other nonreclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, but shall continue to be liable for damages caused
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