Page:United States Statutes at Large Volume 123.djvu/1326

This page needs to be proofread.

123STA T . 13 06PUBLIC LA W 111 – 11 —M A R .30 , 200 9(i)thed e l i v e ryofwa ter for the irri g atio n of agri cu l - tural land

or (ii) the carriage of irrigation return flow s and e x cess water fro m the land that is served . ( 5 ) RIOGRANDEB A S IN. —T he term ‘ ‘Rio G rande B asin ’ ’ means the headwaters of the Rio C hama and the Rio Grande Rivers (including any tri b utaries) from the S tate line between Colorado and N ew M exico downstream to the elevation cor- res p onding with the spillway crest of E lephant Butte D am at 4, 45 7 . 3 feet mean sea level. ( 6 ) RIO GRANDE PU EB L O.—The term ‘‘Rio Grande P ueblo’’ means any of the 18 Pueblos that— ( A ) occupy land in the Rio Grande Basin; and (B) are included on the list of federally recogni z ed I ndian tribes published by the Secretary in accordance with section 1 0 4ofthe F ederally Recognized Indian Tribe L istActof1 9 94( 2 5 U .S.C. 479a – 1). (7) SE C RE T AR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of Reclama- tion. (8) SI XM IDDLE RIO GRANDE PUEBLOS.—The term ‘‘Six Middle Rio Grande Pueblos’’ means each of the Pueblos of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta. (9) SPECIAL PRO J ECT.—The term ‘‘special pro j ect’’ has the meaning given the term in the 2004 Agreement. (10) STATE.—The term ‘‘State’’ means the State of New Mexico. (c) IRRIGATION IN F RASTRUCTURE STUDY.— (1) STUDY.— (A) IN GENERAL.— O n the date of enactment of this Act, the Secretary, in accordance with subparagraph (B), and in consultation with the Rio Grande Pueblos, shall— (i) conduct a study of Pueblo irrigation infrastruc- ture; and (ii) based on the results of the study, develop a list of projects (including a cost estimate for each project), that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure. (B) RE Q UIRED CONSENT.—In carrying out subparagraph (A), the Secretary shall only include each individual Rio Grande Pueblo that notifies the Secretary that the Pueblo consents to participate in— (i) the conduct of the study under subparagraph (A)(i); and (ii) the development of the list of projects under subparagraph (A)(ii) with respect to the Pueblo. (2) PRIORITY.— (A) CONSIDERATION OF FACTORS.— (i) IN GENERAL.—In developing the list of projects under paragraph (1)(A)(ii), the Secretary shall— (I) consider each of the factors described in subparagraph (B); and (II) prioritize the projects recommended for implementation based on— (aa) a review of each of the factors; and Notif i ca tio n.E ff e cti v e d ate.