123STA T . 1 40 1 PUBLIC LA W 111 – 11 —M A R .30 , 200 9throug hth eN e wM e xic o In ter s t a te S trea mC ommission ) agree that an extension is reasona bly necessary .(2 ) REVOCABIL I TY O F A GR EE M E N T , CONTRACT AN D A U T H ORI Z ATION S . — ( A ) P ETITION.—I f the Nation d etermines that a dead - line described in p aragraph ( 1 )(A) is not substantially met, the Nation may submit to the court in the stream ad j udica- tion a petition to enter an order terminating the Agreement and Contract. ( B ) T ERMINATION.— O n issuance of an order to termi- nate the Agreement and Contract under subparagraph (A)— (i) the Trust F und shall be terminated
(ii) the balance of the Trust Fund shall be depos- ited in the general fund of the Treasury; (iii) the authori z ations for construction and rehabilitation of water projects under this subtitle shall be re v o k ed and any Federal activity related to that construction and rehabilitation shall be suspended; and (iv) this part and parts I and III shall be null and void. ( 3 ) CONDITIONS NOT CAUSING NULLIFICATION OF SETTLE- MENT.— (A) IN GENERAL.—If a condition described in subpara- graph (B) occurs, the Agreement and Contract shall not be nullified or terminated. (B) CONDITIONS.—The conditions referred to in subparagraph (A) are as follows
(i) A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 1 06 06. (ii) A failure— (I) to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona; (II) to obtain a necessary water right for the consumptive use of water in Arizona; (III) to contract for the delivery of water for use in Arizona; or (I V ) to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project. (f) E FFECT ON RIGHTS OF INDIAN TRIBES.— (1) IN GENERAL.—Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section q uan- tifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San J uan River Basin in the State of New Mexico. (2) E X CE P TION.—The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9 .13 of the Agreement.
