118 STAT. 3504 PUBLIC LAW 108–451—DEC. 10, 2004 (D) as provided in section 104(a)(1)(A)(i), an annual entitlement to 102,000 acre-feet of CAP agricultural pri- ority water acquired pursuant to the master agreement. (2) SOLE AUTHORITY.—In accordance with this section, the Community shall have the sole authority, subject to the Sec- retary’s approval pursuant to section 205(a)(2), to lease, dis- tribute, exchange, or allocate the CAP water described in this subsection, except that this paragraph shall not impair the right of an allottee to lease land of the allottee together with the water rights appurtenant to the land. Nothing in this paragraph shall affect the validity of any lease or exchange ratified in section 205(c) or 205(d). (c) WATER SERVICE CAPITAL CHARGES.—The Community shall not be responsible for water service capital charges for CAP water. (d) ALLOCATION AND REPAYMENT.—For the purpose of deter- mining the allocation and repayment of costs of any stages of the Central Arizona Project constructed after the date of enactment of this Act, the costs associated with the delivery of water described in subsection (b), whether that water is delivered for use by the Community or in accordance with any assignment, exchange, lease, option to lease, or other agreement for the temporary disposition of water entered into by the Community— (1) shall be nonreimbursable; and (2) shall be excluded from the repayment obligation of the Central Arizona Water Conservation District. (e) APPLICATION OF PROVISIONS.— (1) IN GENERAL.—The water rights recognized and con- firmed to the Community and allottees by the Gila River agree- ment and this title shall be subject to section 7 of the Act of February 8, 1887 (25 U.S.C. 381). (2) WATER CODE.— (A) IN GENERAL.—Not later than 18 months after the enforceability date, the Community shall enact a water code, subject to any applicable provision of law (including subsection (a)(3)), that— (i) manages, regulates, and controls the water resources on the Reservation; (ii) governs all of the water rights that are held in trust by the United States; and (iii) provides that, subject to approval of the Secretary— (I) the Community shall manage, regulate, and control the water resources described in the Gila River agreement and allocate water to all water users on the Reservation pursuant to the water code; (II) the Community shall establish conditions, limitations, and permit requirements relating to the storage, recovery, and use of the water resources described in the Gila River agreement; (III) any allocation of water shall be from the pooled water resources described in the Gila River agreement; (IV) charges for delivery of water for irrigation purposes to water users on the Reservation (including water users on allotted land) shall be assessed on a just and equitable basis without Deadline. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00038 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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