118 STAT. 3487 PUBLIC LAW 108–451—DEC. 10, 2004 (1) the water provided by the Central Arizona Project to Maricopa, Pinal, and Pima Counties in the State of Arizona, is vital to citizens of the State; and (2) an agreement on the allocation of Central Arizona Project water among interested persons, including Federal and State interests, would provide important benefits to the Federal Government, the State of Arizona, Arizona Indian Tribes, and the citizens of the State. SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL ARIZONA PROJECT. In accordance with the CAP repayment contract, the Central Arizona Project may be used to transport nonproject water for— (1) domestic, municipal, fish and wildlife, and industrial purposes; and (2) any purpose authorized under the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.). SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT WATER. (a) NON-INDIAN AGRICULTURAL PRIORITY WATER.— (1) REALLOCATION TO ARIZONA INDIAN TRIBES.— (A) IN GENERAL.—The Secretary shall reallocate 197,500 acre-feet of agricultural priority water made avail- able pursuant to the master agreement for use by Arizona Indian tribes, of which— (i) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (ii) 28,200 acre-feet shall be reallocated to the Tohono O’odham Nation; and (iii) subject to the conditions specified in subpara- graph (B), 67,300 acre-feet shall be reallocated to Arizona Indian tribes. (B) CONDITIONS.—The reallocation of agricultural pri- ority water under subparagraph (A)(iii) shall be subject to the conditions that— (i) such water shall be used to resolve Indian water claims in Arizona, and may be allocated by the Sec- retary to Arizona Indian Tribes in fulfillment of future Arizona Indian water rights settlement agreements approved by an Act of Congress. In the absence of an Arizona Indian water rights settlement that is approved by an Act of Congress after the date of enact- ment of this Act, the Secretary shall not allocate any such water until December 31, 2030. Any allocations made by the Secretary after such date shall be accom- panied by a certification that the Secretary is making the allocation in order to assist in the resolution of an Arizona Indian water right claim. Any such water allocated to an Arizona Indian Tribe pursuant to a water delivery contract with the Secretary under this clause shall be counted on an acre-foot per acre-foot basis against any claim to water for that Tribe’s res- ervation; (ii) notwithstanding clause (i), the Secretary shall retain 6,411 acre-feet of water for use for a future water rights settlement agreement approved by an Act of Congress that settles the Navajo Nation’s claims to water in Arizona. If Congress does not approve Effective date. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00021 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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