118 STAT. 3488 PUBLIC LAW 108–451—DEC. 10, 2004 this settlement before December 31, 2030, the 6,411 acre-feet of CAP water shall be available to the Sec- retary under clause (i); and (iii) the agricultural priority water shall not, with- out specific authorization by Act of Congress, be leased, exchanged, forborne, or otherwise transferred by an Arizona Indian tribe for any direct or indirect use outside the reservation of the Arizona Indian tribe. (C) REPORT.—The Secretary, in consultation with Arizona Indian tribes and the State, shall prepare a report for Congress by December 31, 2016, that assesses whether the potential benefits of subparagraph (A) are being con- veyed to Arizona Indian tribes pursuant to water rights settlements enacted subsequent to this Act. For those Arizona Indian tribes that have not yet settled water rights claims, the Secretary shall describe whether any active negotiations are taking place, and identify any critical water needs that exist on the reservation of each such Arizona Indian tribe. The Secretary shall also identify and report on the use of unused quantities of agricultural pri- ority water made available to Arizona Indian tribes under subparagraph (A). (2) REALLOCATION TO THE ARIZONA DEPARTMENT OF WATER RESOURCES.— (A) IN GENERAL.—Subject to subparagraph (B) and subparagraph 9.3 of the master agreement, the Secretary shall reallocate up to 96,295 acre-feet of agricultural pri- ority water made available pursuant to the master agree- ment to the Arizona Department of Water Resources, to be held under contract in trust for further allocation under subparagraph (C). (B) REQUIRED DOCUMENTATION.—The reallocation of agricultural priority water under subparagraph (A) is sub- ject to the condition that the Secretary execute any appro- priate documents to memorialize the reallocation, including— (i) an allocation decision; and (ii) a contract that prohibits the direct use of the agricultural priority water by the Arizona Department of Water Resources. (C) FURTHER ALLOCATION.—With respect to the alloca- tion of agricultural priority water under subparagraph (A)— (i) before that water may be further allocated— (I) the Director shall submit to the Secretary, and the Secretary shall receive, a recommendation for reallocation; (II) as soon as practicable after receiving the recommendation, the Secretary shall carry out all necessary reviews of the proposed reallocation, in accordance with applicable Federal law; and (III) if the recommendation is rejected by the Secretary, the Secretary shall— (aa) request a revised recommendation from the Director; and (bb) proceed with any reviews required under subclause (II); and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00022 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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