Page:United States Statutes at Large Volume 124.djvu/3168

124 STAT. 3142 PUBLIC LAW 111–291—DEC. 8, 2010 (d) EFFECT.—Nothing in this title precludes the Operating Agreement from authorizing phased or interim operations if the Regional Water System is constructed in phases. SEC. 613. ACQUISITION OF PUEBLO WATER SUPPLY FOR REGIONAL WATER SYSTEM. (a) IN GENERAL.—For the purpose of providing a reliable firm supply of water from the Regional Water System for the Pueblos in accordance with the Settlement Agreement, the Secretary, on behalf of the Pueblos, shall— (1) acquire water rights to— (A) 302 acre-feet of Nambe reserved water described in section 2.6.2 of the Settlement Agreement; and (B) 1141 acre-feet from water acquired by the County for water rights commonly referred to as ‘‘Top of the World’’ rights in the Aamodt Case; (2) enter into a contract with the Pueblos for 1,079 acre- feet in accordance with section 11 of the San Juan-Chama Project Act; and (3) by application to the State Engineer, seek approval to divert the water acquired and made available under para- graphs (1) and (2) at the points of diversion for the Regional Water System, consistent with the Settlement Agreement and the Cost-Sharing and System Integration Agreement. (b) FORFEITURE.—The nonuse of the water supply secured by the Secretary for the Pueblos under subsection (a) shall in no event result in forfeiture, abandonment, relinquishment, or other loss thereof. (c) TRUST.—The Pueblo water rights secured under subsection (a) shall be held by the United States in trust for the Pueblos. (d) APPLICABLE LAW.—The water supply made available pursu- ant to subsection (a)(2) shall be subject to the San Juan-Chama Project Act, and no preference shall be provided to the Pueblos as a result of subsection (c) with regard to the delivery or distribu- tion of San Juan-Chama Project water or the management or oper- ation of the San Juan-Chama Project. (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT WATER SUPPLY.— With respect to the contract for the water supply required by subsection (a)(2), such San Juan-Chama Project contract shall be pursuant to the following terms: (1) WAIVERS.—Notwithstanding the provisions of the San Juan-Chama Project Act, or any other provision of law— (A) the Secretary shall waive the entirety of the Pueblos’ share of the construction costs for the San Juan- Chama Project, and pursuant to that waiver, the Pueblos’ share of all construction costs for the San Juan-Chama Project, inclusive of both principal and interest, due from 1972 to the execution of the contract required by subsection (a)(2), shall be nonreimbursable; (B) the Secretary’s waiver of each Pueblo’s share of the construction costs for the San Juan-Chama Project will not result in an increase in the pro rata shares of other San Juan-Chama Project water contractors, but such costs shall be absorbed by the United States Treasury or otherwise appropriated to the Department of the Interior; and Contracts.