123STA T . 13 7 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9not o c c ur,i nc l u d in gs tor a g e o fw ater under N ew M e x ico S tate E ngineer F ile No .2849;‘ ‘ (B) water in t h eto p water b an k be sub j ecttoe v aporation and other losses during storage; ‘‘( C ) water in the top water bank be released for deliver y to the owner or assigns of the banked water on re q uest of the owner, subject to reasonable scheduling require m ents for making the release; ‘‘( D ) water in the top water bank be the first water spilled or released for flood control purposes in anticipation of a spill, on the condition that top water bank water shall not be released or included for purposes of calculating whether a release should occur for purposes of satisfying the flow recommendations of the San J uan R iver Basin Recovery I mplementation P rogram; and ‘‘(E) water eligible for banking in the top water bank shall be water that otherwise would have been diverted and bene - ficially used in New Mexico that year. ‘‘(e) T he Secretary of the Interior may charge fees to water users that use the top water bank in amounts sufficient to cover the costs incurred by the U nited States in administering the water bank. ’ ’. SEC.104 0 2 . AM E ND MEN T ST OPUBLI CLA W87– 48 3 . (a) N AV A JO I NDI ANI R RI G A T ION PROJ EC T. — Public L aw8 7– 48 3 (7 6 Stat. 96) is amended by striking section 2 and inserting the following
‘‘SEC. 2. (a) In accordance with the A ct of April 1 1, 19 5 6 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 62 0 et seq.), the Secretary of the Interior is authori z ed to construct, operate, and maintain the Navajo Indian Irrigation Project to provide irrigation water to a service area of not more than 110,630 acres of land. ‘‘(b)(1) Subject to paragraph (2), the average annual diversion by the Navajo Indian Irrigation Project from the Navajo Reservoir over any consecutive 10-year period shall be the lesser of— ‘‘(A) 508,000 acre-feet per year; or ‘‘(B) the quantity of water necessary to supply an average depletion of 270,000 acre-feet per year. ‘‘(2) The quantity of water diverted for any 1 year shall not exceed the average annual diversion determined under paragraph (1) by more than 15 percent. ‘‘(c) In addition to being used for irrigation, the water diverted by the Navajo Indian Irrigation Project under subsection (b) may be used within the area served by Navajo Indian Irrigation Project facilities for the following purposes: ‘‘(1) Aquaculture purposes, including the rearing of fish in support of the San Juan River Basin Recovery Implementa- tion Program authorized by Public Law 106–392 (114 Stat. 1602). ‘‘(2) Domestic, industrial, or commercial purposes relating to agricultural production and processing. ‘‘(3)(A) The generation of hydroelectric power as an incident to the diversion of water by the Navajo Indian Irrigation Project for authorized purposes. ‘‘(B) Notwithstanding any other provision of law— 43USC615j j .
