118 STAT. 3527 PUBLIC LAW 108–451—DEC. 10, 2004 the acquisition requirements of paragraph (2) or otherwise comply with the alternatives to acquisition provided by para- graph (4), the Districts shall provide mitigation to the San Carlos Irrigation Project as provided by the UVD agreement. (b) ADDITIONAL REDUCTIONS.— (1) COOPERATIVE PROGRAM.—In addition to the reduction of TBI eligible acres to be accomplished under subsection (a), not later than 1 year after the enforceability date, the Secretary and the UVD settling parties shall cooperatively establish a program to purchase and extinguish UV decreed water rights associated with UV decreed acres that have not been recently irrigated. (2) FOCUS.—The primary focus of the program under para- graph (1) shall be to prevent any land that contains riparian habitat from being reclaimed for irrigation. (3) FUNDS AND RESOURCES.—The program under this sub- section shall not require any expenditure of funds, or commit- ment of resources, by the UVD signatories other than such incidental expenditures of funds and commitments of resources as are required to cooperatively participate in the program. SEC. 212. NEW MEXICO UNIT OF THE CENTRAL ARIZONA PROJECT. (a) REQUIRED APPROVALS.—The Secretary shall not execute the Gila River agreement pursuant to section 203(b), and the agreement shall not become effective, unless and until the New Mexico Consumptive Use and Forbearance Agreement has been executed by all signatory parties and approved by the State of New Mexico. (b) NEW MEXICO CONSUMPTIVE USE AND FORBEARANCE AGREE- MENT.— (1) IN GENERAL.—Except to the extent a provision of the New Mexico Consumptive Use and Forbearance Agreement con- flicts with a provision of this title, the New Mexico Consumptive Use and Forbearance Agreement is authorized, ratified, and confirmed. To the extent amendments are executed to make the New Mexico Consumptive Use and Forbearance Agreement consistent with this title, such amendments are also authorized, ratified, and confirmed. (2) EXECUTION.—To the extent the New Mexico Consump- tive Use and Forbearance Agreement does not conflict with this title, the Secretary shall execute the New Mexico Consump- tive Use and Forbearance Agreement, including all exhibits to which the Secretary is a party to the New Mexico Consump- tive Use and Forbearance Agreement and any amendments to the New Mexico Consumptive Use and Forbearance nec- essary to make it consistent with this title. (c) NEW MEXICO UNIT AGREEMENT.—The Secretary is author- ized to execute the New Mexico Unit Agreement, which agreement shall be executed within 1 year of receipt by the Secretary of written notice from the State of New Mexico that the State of New Mexico intends to build the New Mexico Unit, which notice must be received not later than December 31, 2014. The New Mexico Unit Agreement shall, among other things, provide that— (1) all funds from the Lower Colorado River Basin Develop- ment Fund disbursed in accordance with section 403(f)(2)(D) (i) and (ii) of the Colorado River Basin Project Act (as amended by section 107(a)) shall be nonreimbursable (and such costs Deadlines. Notice. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00061 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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