118 STAT. 3552 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(ii) recommends specific corrective language for each nonconforming provision. ‘‘(2) REVISION BY NATION.—If the Secretary identifies non- conforming provisions in the water code under paragraph (1)(B)(i), the Nation shall revise the water code in accordance with the recommendations of the Secretary under paragraph (1)(B)(ii). ‘‘(3) INTERIM AUTHORITY.—Until such time as the Nation revises the water code of the Nation in accordance with para- graph (2) and the Secretary subsequently approves the water code, the Secretary may exercise any lawful authority of the Secretary under section 7 of the Act of February 8, 1887 (25 U.S.C. 381). ‘‘(4) LIMITATION.—Except as provided in this subsection, nothing in this title requires the approval of the Secretary of the water code of the Nation (or any amendment to that water code). ‘‘(d) WATER MANAGEMENT PLANS.— ‘‘(1) IN GENERAL.—The Secretary shall establish, for the San Xavier Reservation and the eastern Schuk Toak District, water management plans that meet the requirements described in paragraph (2). ‘‘(2) REQUIREMENTS.—Water management plans established under paragraph (1)— ‘‘(A) shall be developed under contracts executed under section 311 between the Secretary and the San Xavier District for the San Xavier Reservation, and between the Secretary and the Nation for the eastern Schuk Toak Dis- trict, as applicable, that permit expenditures, exclusive of administrative expenses of the Secretary, of not more than— ‘‘(i) with respect to a contract between the Sec- retary and the San Xavier District, $891,200; and ‘‘(ii) with respect to a contract between the Sec- retary and the Nation, $237,200; ‘‘(B) shall, at a minimum— ‘‘(i) provide for the measurement of all ground- water withdrawals, including withdrawals from each well that is not an exempt well; ‘‘(ii) provide for— ‘‘(I) reasonable recordkeeping of water use, including the quantities of water stored under- ground and recovered each calendar year; and ‘‘(II) a system for the reporting of withdrawals from each well that is not an exempt well; ‘‘(iii) provide for the direct storage and deferred storage of water, including the implementation of underground storage and recovery projects, in accord- ance with this section; ‘‘(iv) provide for the annual exchange of informa- tion collected under clauses (i) through (iii)— ‘‘(I) between the Nation and the Arizona Department of Water Resources; and ‘‘(II) between the Nation and the city of Tuc- son, Arizona; ‘‘(v) provide for— ‘‘(I) the efficient use of water; and Records. Contracts. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00086 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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