118 STAT. 3495 PUBLIC LAW 108–451—DEC. 10, 2004 reflect changes since January 1, 2004, in the construc- tion cost indices applicable to the types of construction involved in construction of the New Mexico Unit; ‘‘(iii) to pay the costs associated with the construc- tion of distribution systems required to implement the provisions of— ‘‘(I) the contract entered into between the United States and the Gila River Indian Commu- nity, numbered 6–07–03–W0345, and dated July 20, 1998; ‘‘(II) section 3707(a)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106 Stat. 4747); and ‘‘(III) section 304 of the Southern Arizona Water Rights Settlement Amendments Act of 2004; ‘‘(iv) to pay $52,396,000 for the rehabilitation of the San Carlos Irrigation Project as provided in section 203(d)(4) of the Arizona Water Settlements Act, of which not more than $9,000,000 shall be available annually, except that the total amount of $52,396,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations since January 1, 2000, in construction cost indices applicable to the types of construction involved in the rehabilitation; ‘‘(v) to pay other costs specifically identified under— ‘‘(I) sections 213(g)(1) and 214 of the Arizona Water Settlements Act; and ‘‘(II) the Southern Arizona Water Rights Settlement Amendments Act of 2004; ‘‘(vi) to pay a total of not more than $250,000,000 to the credit of the Future Indian Water Settlement Subaccount of the Lower Colorado Basin Development Fund, for use for Indian water rights settlements in Arizona approved by Congress after the date of enact- ment of this Act, subject to the requirement that, not- withstanding any other provision of this Act, any funds credited to the Future Indian Water Settlement Sub- account that are not used in furtherance of a congres- sionally approved Indian water rights settlement in Arizona by December 31, 2030, shall be returned to the main Lower Colorado Basin Development Fund for expenditure on authorized uses pursuant to this Act, provided that any interest earned on funds held in the Future Indian Water Settlement Subaccount shall remain in such subaccount until disbursed or returned in accordance with this section; ‘‘(vii) to pay costs associated with the installation of gages on the Gila River and its tributaries to measure the water level of the Gila River and its tributaries for purposes of the New Mexico Consump- tive Use and Forbearance Agreement in an amount not to exceed $500,000; and ‘‘(viii) to pay the Secretary’s costs of implementing the Central Arizona Project Settlement Act of 2004; ‘‘(E) in addition to amounts made available for the purpose through annual appropriations— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00029 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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