118 STAT. 3492 PUBLIC LAW 108–451—DEC. 10, 2004 (1) IN GENERAL.—Except as provided in paragraph (2), no Central Arizona Project water shall be leased, exchanged, forborne, or otherwise transferred in any way for use directly or indirectly outside the State. (2) EXCEPTIONS.—Central Arizona Project water may be— (A) leased, exchanged, forborne, or otherwise trans- ferred under an agreement with the Arizona Water Banking Authority that is in accordance with part 414 of title 43, Code of Federal Regulations; and (B) delivered to users in Arizona in exchange for Gila River water used in New Mexico as provided in section 304 of the Colorado River Basin Project Act (43 U.S.C. 1524) (as amended by section 212). (3) EFFECT OF SUBSECTION.—Nothing in this subsection prohibits any entity from entering into a contract with the Arizona Water Banking Authority or a successor of the Authority under State law. SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN WATER. (a) FIRMING PROGRAM.—The Secretary and the State shall develop a firming program to ensure that 60,648 acre-feet of the agricultural priority water made available pursuant to the master agreement and reallocated to Arizona Indian tribes under section 104(a)(1), shall, for a 100-year period, be delivered during water shortages in the same manner as water with a municipal and industrial delivery priority in the Central Arizona Project system is delivered during water shortages. (b) DUTIES.— (1) SECRETARY.—The Secretary shall— (A) firm 28,200 acre-feet of agricultural priority water reallocated to the Tohono O’odham Nation under section 104(a)(1)(A)(ii); and (B) firm 8,724 acre-feet of agricultural priority water reallocated to Arizona Indian tribes under section 104(a)(1)(A)(iii). (2) STATE.—The State shall— (A) firm 15,000 acre-feet of agricultural priority water reallocated to the Community under section 104(a)(1)(A)(i); (B) firm 8,724 acre-feet of agricultural priority water reallocated to Arizona Indian tribes under section 104(a)(1)(A)(iii); and (C) assist the Secretary in carrying out obligations of the Secretary under paragraph (1)(A) in accordance with section 306 of the Southern Arizona Water Rights Settle- ment Amendments Act (as added by section 301). (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the duties of the Secretary under subsection (b)(1). SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY WATER. (a) APPROVAL OF AGREEMENT.— (1) IN GENERAL.—Except to the extent that any provision of the master agreement conflicts with any provision of this title, the master agreement is authorized, ratified, and con- firmed. To the extent that amendments are executed to make the master agreement consistent with this title, such amend- ments are also authorized, ratified, and confirmed. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00026 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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