118 STAT. 3520 PUBLIC LAW 108–451—DEC. 10, 2004 Gila River agreement, so revised, has been executed by the Secretary and the Governor of the State; (B) the Secretary has fulfilled the requirements of— (i) paragraphs (1)(A)(i) and (2) of subsection (a) and subsections (b) and (d) of section 104; and (ii) sections 204, 205, and 209(a); (C) the master agreement authorized, ratified, and con- firmed by section 106(a) has been executed by the parties to the master agreement, and all conditions to the enforce- ability of the master agreement have been satisfied; (D) $53,000,000 has been identified and retained in the Lower Colorado River Basin Development Fund for the benefit of the Community in accordance with section 107(b); (E) the State has appropriated and paid to the Commu- nity any amount to be paid under paragraph 27.4 of the Gila River agreement; (F) the Salt River Project has paid to the Community $500,000 under subparagraph 16.9 of the Gila River agree- ment; (G) the judgments and decrees attached to the Gila River agreement as exhibits 25.18A (Gila River adjudica- tion proceedings) and 25.18B (Globe Equity Decree pro- ceedings) have been approved by the respective courts; (H) the dismissals attached to the Gila River agree- ment as exhibits 25.17.1A and B, 25.17.2, and 25.17.3A and B have been filed with the respective courts and any necessary dismissal orders entered; (I) legislation has been enacted by the State to— (i) implement the Southside Replenishment Pro- gram in accordance with subparagraph 5.3 of the Gila River agreement; (ii) authorize the firming program required by sec- tion 105; and (iii) establish the Upper Gila River Watershed Maintenance Program in accordance with subpara- graph 26.8.1 of the Gila River agreement; (J) the State has entered into an agreement with the Secretary to carry out the obligation of the State under section 105(b)(2)(A); and (K) a final judgment has been entered in Central Arizona Water Conservation District v. United States (No. CIV 95–625–TUC–WDB(EHC), No. CIV 95–1720PHX– EHC) (Consolidated Action) in accordance with the repay- ment stipulation. (2) FAILURE OF ENFORCEABILITY DATE TO OCCUR.—If, because of the failure of the enforceability date to occur by December 31, 2007, this section does not become effective, the Community, Community members, and allottees, and the United States on behalf of the San Carlos Irrigation and Drain- age District, the Community, Community members, and allottees, shall retain the right to assert past, present, and future water rights claims, claims for injury to water rights, claims for injury to water quality, and claims for subsidence damage as to all land within the exterior boundaries of the Reservation, off-Reservation trust land, and fee land. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00054 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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