123STA T . 13 84PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SanJu an River n otm ore t h an 6,41 1a c re -f eet of w ater in an y 1yearforu s e b y the N ation in the State of A ri z ona .(E)DELIV E RYCAP ACI T Y ALL O CATIO N TO J ICARILLA APAC H E NATION. —T he P ro j ect may d e l iver at Navajo Res- ervoir not more than 1, 20 0 acre-feet of water in any 1 year of the water ri g hts of the Jicarilla A p ache Nation, held by the Secretary and confirmed by the Jicarilla Apache Tribe W ater Rights Settlement Act (Public L aw 102 – 441
106 Stat. 22 37 ), for use by the Jicarilla Apache Nation in the southern portion of the Jicarilla Apache Nation Reservation in the State of New M e x ico. (3) US EINE X CESS O FD ELIVERY CAPACITY ALLOCATION QU ANTITY.—Notwithstanding each delivery capacity allocation q uantity limit described in subparagraphs ( B ),( C ), and (E) of paragraph (2), the Secretary may authorize a Project Partici- pant to exceed the delivery capacity allocation quantity limit of that Project Participant if— (A) delivery capacity is available without impairing any water delivery to any other Project Participant; and (B) the Project Participant benefitting from the increased allocation of delivery capacity— (i) has the right under applicable law to use the additional water; (ii) agrees to pay the operation, maintenance, and replacement costs relating to the additional use of any Project facility; and (iii) agrees, if the Project title is held by the Sec- retary, to pay a fee established by the Secretary to assist in recovering capital costs relating to that addi- tional use. (c) CONDITIONS FOR USE IN ARI Z ONA.— (1) REQUIRE M ENTS.—Project water shall not be delivered for use by any community of the Nation located in the State of Arizona under subsection (b)(2)(D) until— (A) the Nation and the State of Arizona have entered into a water rights settlement agreement approved by an Act of Congress that settles and waives the Nation ’ s claims to water in the Lower Basin and the Little Colorado River Basin in the State of Arizona, including those of the United States on the Nation’s behalf; and (B) the Secretary and the Navajo Nation have entered into a Navajo Reservoir water supply delivery contract for the physical delivery and diversion of water via the Project from the San Juan River system to supply uses in the State of Arizona. (2) ACCOUNTIN G OF USES IN ARIZONA.— (A) I N GENERAL.—Pursuant to paragraph (1) and not- withstanding any other provision of law, water may be diverted by the Project from the San Juan River in the State of New Mexico in accordance with an appropriate permit issued under New Mexico law for use in the State of Arizona within the Navajo Reservation in the Lower Basin; provided that any depletion of water that results from the diversion of water by the Project from the San Juan River in the State of New Mexico for uses within the State of Arizona (including depletion incidental to the diversion, impounding, or conveyance of water in the State Waiver.Cont ra c t s . F ees. P a ym ents.
