118 STAT. 3526 PUBLIC LAW 108–451—DEC. 10, 2004 (A) SPECIAL HOT LANDS.—After the payments provided by paragraph (2)(D)(iii), the Districts may fulfill the requirements of paragraphs (2) and (3) in full or in part, by entering into an agreement with an owner of special hot lands to prohibit permanently future irrigation of the special hot lands if the UVD settling parties simultaneously— (i) acquire UV decreed water rights associated with a like number of UV decreed acres that are not TBI eligible acres; and (ii) sever and transfer those rights to the San Carlos Irrigation Project for the benefit of the Commu- nity and the San Carlos Irrigation and Drainage Dis- trict. (B) FALLOWING AGREEMENT.—After the payment pro- vided by paragraph (2)(D)(iii), the Districts may fulfill the requirements of paragraphs (2) and (3) in full or in part, by entering into an agreement with 1 or more owners of UV decreed acres and the UV irrigation district in which the acres are located, if any, under which— (i) the number of TBI eligible acres is reduced; but (ii) the owner of the UV decreed acres subject to the reduction is permitted to periodically irrigate the UV decreed acres under a fallowing agreement authorized under the UVD agreement. (5) DISPOSITION OF ACQUIRED WATER RIGHTS.— (A) IN GENERAL.—Of the UV decreed water rights acquired by the Districts pursuant to subparagraphs (A) and (B) of paragraph (2), the Districts shall, in accordance with all applicable law and the UVD agreement— (i) sever, and transfer to the San Carlos Irrigation Project for the benefit of the Community and the San Carlos Irrigation and Drainage District, the UV decreed water rights associated with up to 900 UV decreed acres; and (ii) extinguish the balance of the UV decreed water rights so acquired (except and only to the extent that those rights are associated with a fallowing agreement authorized under paragraph (4)(B)). (B) SAN CARLOS APACHE SETTLEMENT.—With respect to water rights acquired by the Secretary pursuant to para- graph (2)(C), the Secretary shall, in accordance with applicable law— (i) cause to be severed and transferred to the San Carlos Irrigation Project, for the benefit of the Commu- nity and the San Carlos Irrigation and Drainage Dis- trict, the UV decreed water rights associated with 200 UV decreed acres; (ii) cause to be extinguished the UV decreed water rights associated with 300 UV decreed acres; and (iii) cause to be transferred the balance of those acquired water rights to the San Carlos Apache Tribe pursuant to the terms of the settlement described in paragraph (2)(C). (6) MITIGATION.—To the extent the Districts, after the pay- ments provided by paragraph (2)(D)(iii), do not comply with VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00060 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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