Page:United States Statutes at Large Volume 106 Part 6.djvu/93

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PUBLIC LAW 102-575—OCT. 30, 1992 106 STAT. 4651 for growth in the Uinta Basin and for late season irrigation for both the Indians and non-Indian water users. However, construction of the Upsilco and Uintah Units has not been undertsdcen, in part because the Bureau was unable to find adequate and economically feasible reservoir sites. The Ute Indian Unit has not been authorized by Congress, and there is no present intent to proceed with Ultimate Phase construction. (4) Without the implementation of the plans to construct additional storage in the Uinta Basin, the water users (both Indian and non-Indian) continue to suffer water shortages and resulting economic decline. (b) PURPOSE.—This Act and the proposed Revised Ute Indian Compact of 1990 are intended to— (1) quantify the Tribe's reserved water rights; (2) allow increased beneficial use of such water; and (3) put the Tribe in the same economic position it would have enjoyed had the features contemplated by the September 20, 1965 Agreement been constructed. SEC. 602. PROVISIONS FOR PAYMENT TO THE UTE INDIAN TRIBE. (a) BONNEVILLE UNIT TRIBAL CREDITS. —<1) Commencing one year after the date of enactment of this Act, and continuing for fifty years, the Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to thirty-five thousand five hundred acre-feet of water, which represents a portion of the Tribe's water rights that were to be supplied by storage from the Central Utah Project, but will not be supplied because the Upalco and Uintah units are not to be constructed. (2)(A) Commencing in the year 2042, the Tribe shall collect from the District 7 percent of the then fair market value of thirty- five thousand five hundred acre-feet of Bonneville Unit agricultural water which has been converted to municipal and industrial water. The fair market value of such water shall be recalculated every five years. (B) In the event thirty-five thousand five hundred acre-feet of Bonneville Unit converted agricultural water to municipal and industrial have not yet been marketed as of the year 2042, the Tribe shall receive 7 percent of the fair market value of the first thirty-five thousand five hundred acre-feet of such water converted to municipal and industrial water. The monies received by the Tribe under this title shall be utilized by the Tribe for governmental purposes, shall not be distributed per capita, and shall be used to enhance the educational, social, and economic opportunities for the Tribe. (b) BONNEVILLE UNIT TRIBAL WATERS.— The Secretary is authorized to make any imused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities available for use by the Tribe. Unused capacity shall constitute capacity, only as available, in excess of the needs of the District for delivery of Bonneville Unit water and for satisfaction of minimum streamflow obligations established by this Act. In the event that the Tribe elects to place water in these components of the Bonneville Unit system, the Secretary and District shall only impose an operation and maintenance charge. Such charge shall commence at the time of the Tribe's use of such facilities. The operation