118 STAT. 3531 PUBLIC LAW 108–451—DEC. 10, 2004 SEC. 213. MISCELLANEOUS PROVISIONS. (a) WAIVER OF SOVEREIGN IMMUNITY.—If any party to the Gila River agreement or signatory to an exhibit executed pursuant to section 203(b) or to the New Mexico Consumptive Use and Forbear- ance Agreement brings an action in any court of the United States or any State court relating only and directly to the interpretation or enforcement of this title or the Gila River agreement (including enforcement of any indemnity provisions contained in the Gila River agreement) or the New Mexico Consumptive Use and Forbear- ance Agreement, and names the United States or the Community as a party, or if any other landowner or water user in the Gila River basin in Arizona (except any party referred to in subpara- graph 28.1.4 of the Gila River agreement) files a lawsuit relating only and directly to the interpretation or enforcement of subpara- graph 6.2, subparagraph 6.3, paragraph 25, subparagraph 26.2, subparagraph 26.8, and subparagraph 28.1.3 of the Gila River agreement, naming the United States or the Community as a party— (1) the United States, the Community, or both, may be joined in any such action; and (2) any claim by the United States or the Community to sovereign immunity from the action is waived, but only for the limited and sole purpose of such interpretation or enforcement (including any indemnity provisions contained in the Gila River agreement). (b) EFFECT OF ACT.—Nothing in this title quantifies or other- wise affects the water rights, or claims or entitlements to water, of any Indian tribe, band, or community, other than the Community. (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—The United States shall not make a claim for reimbursement of costs arising out of the implementation of this title or the Gila River agreement against any Indian-owned land within the Reservation, and no assessment shall be made in regard to those costs against that land. (d) NO EFFECT ON FUTURE ALLOCATIONS.—Water received under a lease or exchange of Community CAP water under this title shall not affect any future allocation or reallocation of CAP water by the Secretary. (e) COMMUNITY REPAYMENT CONTRACT.—To the extent it is not in conflict with this Act, the Secretary is directed to and shall execute Amendment No. 1 to the Community repayment con- tract, attached as exhibit 8.1 to the Gila River agreement, to pro- vide, among other things, that the costs incurred under that contract shall be nonreimbursable by the Community. To the extent amend- ments are executed to make Amendment No. 1 consistent with this title, such amendments are also authorized, ratified, and con- firmed. (f) SALT RIVER PROJECT RIGHTS AND CONTRACTS.— (1) IN GENERAL.—Subject to paragraph (2), the agreement between the United States and the Salt River Valley Water Users’ Association dated September 6, 1917, as amended, and the rights of the Salt River Project to store water from the Salt River and Verde River at Roosevelt Dam, Horse Mesa Dam, Mormon Flat Dam, Stewart Mountain Dam, Horseshoe Dam, and Bartlett Dam and to deliver the stored water to shareholders of the Salt River Project and others for all bene- ficial uses and purposes recognized under State law and to VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00065 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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