118 STAT. 3502 PUBLIC LAW 108–451—DEC. 10, 2004 specified in exhibit 20.1 to the Gila River agreement shall be nonreimbursable. (5) LEAD AGENCY.—The Bureau of Reclamation shall be designated as the lead agency for oversight of the construction and rehabilitation of the San Carlos Irrigation Project author- ized by this section. (6) FINANCIAL RESPONSIBILITY.—Except as expressly pro- vided by this section, nothing in this Act shall affect— (A) any responsibility of the Secretary under the provi- sions of the Act of June 7, 1924 (commonly known as the ‘‘San Carlos Irrigation Project Act of 1924’’) (43 Stat. 475); or (B) any other financial responsibility of the Secretary relating to operation and maintenance of the San Carlos Irrigation Project existing on the date of enactment of this Act. SEC. 204. WATER RIGHTS. (a) RIGHTS HELD IN TRUST; ALLOTTEES.— (1) INTENT OF CONGRESS.—It is the intent of Congress to provide allottees with benefits that are equal to or that exceed the benefits that the allottees currently possess, taking into account— (A) the potential risks, cost, and time delay associated with the litigation that will be resolved by the Gila River agreement; (B) the availability of funding under title I for the rehabilitation of the San Carlos Irrigation Project and for other benefits; (C) the availability of water from the CAP system and other sources after the enforceability date, which will supplement less secure existing water supplies; and (D) the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), and this title to protect the interests of allottees. (2) HOLDING IN TRUST.—The water rights and resources described in the Gila River agreement shall be held in trust by the United States on behalf of the Community and the allottees as described in this section. (3) ALLOTTED LAND.—As specified in and provided for under this Act— (A) agricultural allottees, other than allottees with rights under the Globe Equity Decree, shall be entitled to a just and equitable allocation of water from the Commu- nity for irrigation purposes from the water resources described in the Gila River agreement; (B) allotted land with rights under the Globe Equity Decree shall be entitled to receive— (i) a similar quantity of water from the Community to the quantity historically delivered under the Globe Equity Decree; and (ii) the benefit of the rehabilitation of the San Carlos Irrigation Project as provided in this Act, a more secure source of water, and other benefits under this Act; (C) the water rights and resources and other benefits provided by this Act are a complete substitution of any VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00036 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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