118 STAT. 3557 PUBLIC LAW 108–451—DEC. 10, 2004 or exchanges or options to exchange the Nation’s Central Arizona Project water entered into by the Nation; and ‘‘(B) the United States shall have no trust obligation or other obligation to monitor, administer, or account for any consideration received by the Nation under those leases or options to lease and exchanges or options to exchange; ‘‘(4)(A) all of the Nation’s Central Arizona Project water shall be delivered through the Central Arizona Project aque- duct; and ‘‘(B) if the delivery capacity of the Central Arizona Project aqueduct is significantly reduced or is anticipated to be signifi- cantly reduced for an extended period of time, the Nation shall have the same Central Arizona Project delivery rights as other Central Arizona Project contractors and Central Arizona Project subcontractors, if the Central Arizona Project contractors or Central Arizona Project subcontractors are allowed to take delivery of water other than through the Central Arizona Project aqueduct; ‘‘(5) the Nation may use the Nation’s Central Arizona Project water on or off of the Nation’s Reservation for the purposes of the Nation consistent with this title; ‘‘(6) as authorized by subparagraph (A) of section 403(f)(2) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)) (as amended by section 107(a)) and to the extent that funds are available in the Lower Colorado River Basin Development Fund established by section 403 of that Act (43 U.S.C. 1543), the United States shall pay to the Central Arizona Project operating agency the fixed operation, maintenance, and replace- ment charges associated with the delivery of the Nation’s Cen- tral Arizona Project water, except for the Nation’s Central Arizona Project water leased by others; ‘‘(7) the allocated costs associated with the construction of the delivery and distribution system— ‘‘(A) shall be nonreimbursable; and ‘‘(B) shall be excluded from any repayment obligation of the Nation; ‘‘(8) no water service capital charges shall be due or payable for the Nation’s Central Arizona Project water, regardless of whether the Central Arizona Project water is delivered for use by the Nation or is delivered pursuant to any leases or options to lease or exchanges or options to exchange the Nation’s Central Arizona Project water entered into by the Nation; ‘‘(9) the agreement of December 11, 1980, conforms with section 104(d) and section 306(a) of the Arizona Water Settle- ments Act; and ‘‘(10) the amendments required by this subsection shall not apply to the 8,000 acre feet of Central Arizona Project water contracted by the Nation in the agreement of December 11, 1980, for the Sif Oidak District. ‘‘(h) RATIFICATION OF AGREEMENTS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, each agreement described in paragraph (2), to the extent that the agreement is not in conflict with this Act— ‘‘(A) is authorized, ratified, and confirmed; and ‘‘(B) shall be executed by the Secretary. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00091 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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