118 STAT. 3551 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(B) not later than 3 years after the enforceability date, a comprehensive water code applicable to the water resources granted or confirmed under this title; ‘‘(4) include in each of the water codes enacted under sub- paragraphs (A) and (B) of paragraph (3)— ‘‘(A) an acknowledgement of the rights described in subsection (a); ‘‘(B) a process by which a just and equitable distribu- tion of the water resources referred to in subsection (a), and any compensation provided under section 305(d), shall be provided to allottees; ‘‘(C) a process by which an allottee may request and receive a permit for the use of any water resources referred to in subsection (a), except the water resources referred to in section 307(a)(1)(G)(ii)(III) and subject to the Nation’s first right of use under section 307(a)(1)(G)(ii)(II); ‘‘(D) provisions for the protection of due process, including— ‘‘(i) a fair procedure for consideration and deter- mination of any request by— ‘‘(I) a member of the Nation, for a permit for use of available water resources granted or confirmed by this title; and ‘‘(II) an allottee, for a permit for use of— ‘‘(aa) the water resources identified in sec- tion 307(a)(1)(G)(i) that are subject to a first right of beneficial use; or ‘‘(bb) subject to the first right of use of the Nation, available water resources identi- fied in section 307(a)(1)(G)(i)(II); ‘‘(ii) provisions for— ‘‘(I) appeals and adjudications of denied or dis- puted permits; and ‘‘(II) resolution of contested administrative decisions; and ‘‘(iii) a waiver by the Nation of the sovereign immu- nity of the Nation only with respect to proceedings described in clause (ii) for claims of declaratory and injunctive relief; and ‘‘(E) a process for satisfying any entitlement to the water resources referred to in section 307(a)(1)(G)(i) for which fee owners of allotted land have received final deter- minations under applicable law; and ‘‘(5) submit to the Secretary the comprehensive water code, for approval by the Secretary only of the provisions of the water code (and any amendments to the water code), that implement, with respect to the allottees, the standards described in paragraph (4). ‘‘(c) WATER CODE APPROVAL.— ‘‘(1) IN GENERAL.—On receipt of a comprehensive water code under subsection (b)(5), the Secretary shall— ‘‘(A) issue a written approval of the water code; or ‘‘(B) provide a written notification to the Nation that— ‘‘(i) identifies such provisions of the water code that do not conform to subsection (b) or other applicable Federal law; and Notification. Deadline. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00085 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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