118 STAT. 3547 PUBLIC LAW 108–451—DEC. 10, 2004 main project works of the Central Arizona Project, a total of 28,200 acre-feet of NIA priority water suitable for agricultural use, of which— ‘‘(1) 23,000 acre-feet shall— ‘‘(A) be delivered to, and used by, the San Xavier Reservation; or ‘‘(B) otherwise be used by the Nation in accordance with section 309; and ‘‘(2) 5,200 acre-feet shall— ‘‘(A) be delivered to, and used by, the eastern Schuk Toak District; or ‘‘(B) otherwise be used by the Nation in accordance with section 309. ‘‘(b) STATE CONTRIBUTION.—To assist the Secretary in firming water under section 105(b)(1)(A) of the Arizona Water Settlements Act, the State shall contribute $3,000,000— ‘‘(1) in accordance with a schedule that is acceptable to the Secretary and the State; and ‘‘(2) in the form of cash or in-kind goods and services. ‘‘SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIVERY, REV- ENUE SHARING. ‘‘(a) CONDITIONS ON ACTIONS OF SECRETARY.—The Secretary shall carry out section 304(c), subsections (a), (b), and (d) of section 305, and section 306, only if— ‘‘(1) the Nation agrees— ‘‘(A) except as provided in section 308(f)(1), to limit the quantity of groundwater withdrawn by nonexempt wells from beneath the San Xavier Reservation to not more than 10,000 acre-feet; ‘‘(B) except as provided in section 308(f)(2), to limit the quantity of groundwater withdrawn by nonexempt wells from beneath the eastern Schuk Toak District to not more than 3,200 acre-feet; ‘‘(C) to comply with water management plans estab- lished by the Secretary under section 308(d); ‘‘(D) to consent to the San Xavier District being deemed a tribal organization (as defined in section 900.6 of title 25, Code of Federal Regulations (or any successor regula- tions)) for purposes identified in subparagraph (E)(iii)(I), as permitted with respect to tribal organizations under title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); ‘‘(E) subject to compliance by the Nation with other applicable provisions of part 900 of title 25, Code of Federal Regulations (or any successor regulations), to consent to contracting by the San Xavier District under section 311(b), on the conditions that— ‘‘(i)(I) the plaintiffs in the Alvarez case and Tucson case have stipulated to the dismissal, with prejudice, of claims in those cases; and ‘‘(II) those cases have been dismissed with preju- dice; ‘‘(ii) the San Xavier Cooperative Association has agreed to assume responsibility, after completion of each of the irrigation systems described in paragraphs (1), (2), and (3) of section 304(c) and on the delivery VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00081 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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