118 STAT. 3553 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(II) the prevention of waste; ‘‘(vi) except on approval of the district council for a district in which a direct storage project is estab- lished under subsection (e), provide that no direct stor- age credits earned as a result of the project shall be recovered at any location at which the recovery would adversely affect surface or groundwater supplies, or lower the water table at any location, within the district; and ‘‘(vii) provide for amendments to the water plan in accordance with this title; ‘‘(C) shall authorize the establishment and mainte- nance of 1 or more underground storage and recovery projects in accordance with subsection (e), as applicable, within— ‘‘(i) the San Xavier Reservation; or ‘‘(ii) the eastern Schuk Toak District; and ‘‘(D) shall be implemented and maintained by the Nation, with no obligation by the Secretary. ‘‘(e) UNDERGROUND STORAGE AND RECOVERY PROJECTS.—The Nation is authorized to establish direct storage and recovery projects in accordance with the Tohono O’odham settlement agreement. The Secretary shall have no responsibility to fund or otherwise administer such projects. ‘‘(f) GROUNDWATER.— ‘‘(1) SAN XAVIER RESERVATION.— ‘‘(A) IN GENERAL.—In accordance with section 307(a)(1)(A), 10,000 acre-feet of groundwater may be pumped annually within the San Xavier Reservation. ‘‘(B) DEFERRED PUMPING.— ‘‘(i) IN GENERAL.—Subject to clause (ii), all or any portion of the 10,000 acre-feet of water not pumped under subparagraph (A) in a year— ‘‘(I) may be withdrawn in a subsequent year; and ‘‘(II) if any of that water is withdrawn, shall be accounted for in accordance with the Tohono O’odham settlement agreement as a debit to the deferred pumping storage account. ‘‘(ii) LIMITATION.—The quantity of water author- ized to be recovered as deferred pumping storage credits under this subparagraph shall not exceed— ‘‘(I) 50,000 acre-feet for any 10-year period; or ‘‘(II) 10,000 acre-feet in any year. ‘‘(C) RECOVERY OF ADDITIONAL WATER.—In addition to the quantity of groundwater authorized to be pumped under subparagraphs (A) and (B), the Nation may annually recover within the San Xavier Reservation all or a portion of the credits for water stored under a project described in subsection (e). ‘‘(2) EASTERN SCHUK TOAK DISTRICT.— ‘‘(A) IN GENERAL.—In accordance with section 307(a)(1)(B), 3,200 acre-feet of groundwater may be pumped annually within the eastern Schuk Toak District. ‘‘(B) DEFERRED PUMPING.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00087 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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