123STA T . 13 94PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (3)EF F ECTO FCO NV E YA NCE .—Theconv e ya nce o fti t l eto the N ation of the con ju nctive u s e w ells un d e rp ara g raph ( 1 ) shall not affect the application of the Endangered S pecies A ct of1 97 3(1 6U .S. C .1 5 31etse q .). (g) U S EOF PR O J ECT F AC IL ITIES.—The capacities of the treat -m ent facilities , main pipelines, and lateral pipelines of the Project authori z ed b y section 1 0 60 2 (b) may be used to treat and convey groundwater to Nation communities if the Nation provides for pay- ment of the operation, maintenance, and replacement costs associ- ated with the use of the facilities or pipelines. (h) L I M ITATIONS.—The diversion and use of groundwater by wells constructed or rehabilitated under this section shall be made in a manner consistent with applicable Federal and State law. SEC.106 0 7 .S ANJU AN RIV ER NAVAJ O IRRI G A T ION P ROJECTS. (a) R E H A B ILITATION.—Subject to subsection (b), the Secretary shall rehabilitate— (1) the Fruitland-Cambridge I rrigation Project to serve not more than 3,335 acres of land, which shall be considered to be the total serviceable area of the project
and (2) the H ogbac k -Cudei Irrigation Project to serve not more than 8 ,830 acres of land, which shall be considered to be the total serviceable area of the project. (b) CON D ITION.—The Secretary shall not commence any construction activity relating to the rehabilitation of the Fruitland- Cambridge Irrigation Project or the Hogback-Cudei Irrigation Project under subsection (a) until the Secretary e x ecutes the Agree- ment. (c) OP ERATION, M AINTENANCE, AND REPLACEMENT OBLI G A- TION.—The Nation shall continue to be responsible for the operation, maintenance, and replacement of each facility rehabilitated under this section. SEC. 1060 8 .OT H ER IRRIGATION PROJECTS. (a) IN G ENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the State of New Mexico (acting through the Interstate Stream Commission) and the Non-Navajo Irrigation D istricts that elect to participate, shall— (1) conduct a study of Non-Navajo Irrigation District diver- sion and ditch facilities; and (2) based on the study, identify and prioritize a list of projects, with associated cost estimates, that are recommended to be implemented to repair, rehabilitate, or reconstruct irriga- tion diversion and ditch facilities to improve water use effi- ciency. (b) GRANTS.—The Secretary may provide grants to, and enter into cooperative agreements with, the Non-Navajo Irrigation Dis- tricts to plan, design, or otherwise implement the projects identified under subsection (a)(2). (c) COST-SHARING.— (1) FEDERAL SHARE.—The Federal share of the total cost of carrying out a project under subsection (b) shall be not more than 50 percent, and shall be nonreimbursable. (2) FORM.—The non-Federal share required under para- graph (1) may be in the form of in-kind contributions, including Study.Dea d lin e.
