118 STAT. 3491 PUBLIC LAW 108–451—DEC. 10, 2004 be considered to be a transfer for purposes of subpara- graph (A). (ii) EXCHANGES.—An exchange of Central Arizona Project water by an Arizona Indian tribe to an entity described in paragraph (1)(A)(ii) shall not be considered to be a transfer for purposes of subparagraph (A). (iii) Notwithstanding subparagraph (A), up to 17,000 acre-feet of CAP municipal and industrial water under the subcontract among the United States, the Central Arizona Water Conservation District, and Asarco, subcontract No. 3–07 –30 –W0307, dated November 7, 1993, may be reallocated to the Commu- nity on execution of an exchange and lease agreement among the Community, the United States, and Asarco. (d) CENTRAL ARIZONA PROJECT CONTRACTS AND SUB- CONTRACTS.— (1) IN GENERAL.—Notwithstanding section 6 of the Rec- lamation Project Act of 1939 (43 U.S.C. 485e), and paragraphs (2) and (3) of section 304(b) of the Colorado River Basin Project Act (43 U.S.C. 1524(b)), as soon as practicable after the date of enactment of this Act, the Secretary shall offer to enter into subcontracts or to amend all Central Arizona Project con- tracts and subcontracts in effect as of that date in accordance with paragraph (2). (2) REQUIREMENTS.—All subcontracts and amendments to Central Arizona Project contracts and subcontracts under para- graph (1)— (A) shall be for permanent service (within the meaning of section 5 of the Boulder Canyon Project Act of 1928 (43 U.S.C. 617d)); (B) shall have an initial delivery term that is the greater of— (i) 100 years; or (ii) a term— (I) authorized by Congress; or (II) provided under the appropriate Central Arizona Project contract or subcontract in exist- ence on the date of enactment of this Act; (C) shall conform to the shortage sharing criteria described in paragraph 5.3 of the Tohono O’odham settle- ment agreement; (D) shall include the prohibition and exception described in subsection (e); and (E) shall not require— (i) that any Central Arizona Project water received in exchange for effluent be deducted from the contrac- tual entitlement of the CAP contractor or CAP subcon- tractor; or (ii) that any additional modification of the Central Arizona Project contracts or subcontracts be made as a condition of acceptance of the subcontract or amend- ments. (3) APPLICABILITY.—This subsection does not apply to— (A) a subcontract for non-Indian agricultural use; or (B) a contract executed under paragraph 5(d) of the repayment stipulation. (e) PROHIBITION ON TRANSFER.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00025 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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