123STA T . 13 98PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (A)usetailw ate r, wastewater, a nd return f l o ws attri b- utabletoauseoft h e water b y the N ation or a sub c on- tractor of the Nation if — (i) the de p letion of water does not e x ceed the q uan- tities described in para g raph ( 1 )
and (ii) the use of tail water, wastewater, or return flows is consistent with the ter m s, conditions, and limitations of the Agreement, and any other applicable law; and ( B ) change a point of di v ersion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the S tate of Ari z ona under section 1 06 0 3 (b)( 2 )( D )), to another use, purpose, place, or depletion in the State of New M exico to meet a water resource or economic need of the Nation if— (i) the change or transfer is sub j ect to and con- sistent with the terms of the Agreement, the P artial F inal Decree described in paragraph 3 . 0 of the Agree- ment, the C ontract, and any other applicable law; and (ii) a change or transfer of water use by the Nation does not alter any obligation of the U nited States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract. (c) S UBCONTRA CT S .— (1) I N GE NERA L .— (A) SUBCONTRACTS BET W EEN NAT I ON AN D T H IRD P AR- TIES.— T he Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation). (B) APPRO V AL RE Q UIRED.—A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this sub- section and the Contract. (C) SUB M ITTAL.—The Nation shall submit to the Sec- retary for approval or disapproval any subcontract entered into under this subsection. (D) DEADLINE.—The Secretary shall approve or dis- approve a subcontract submitted to the Secretary under subparagraph (C) not later than the later of— (i) the date that is 1 8 0 days after the date on which the subcontract is submitted to the Secretary; and (ii) the date that is 60 days after the date on which a subcontractor complies with— (I) section 102(2)(C) of the National E nviron- mental Policy Act of 1 9 69( 4 2 U.S.C. 4332(2)(C)); and (II) any other requirement of Federal law. (E) EN F ORCEMENT.—A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28, United States Code. Arizona.
