123STA T . 13 0 1 PUBLIC LA W 111 – 11 —M A R .30 , 200 9(B)INCLUSIO NS .—Thet e rm‘ ‘ Sys tem ’ ’ includ es the m ajo r com p onents and associated in f rastructure identified as the ‘‘Best Technical A lternati v e’’ in the en g ineering report. ( 7 ) UTER ESER V OIR.—The term ‘‘Ute R eservoir’’ means the impoundment of w ater created in 1962b y the construction of the Ute D am on the C anadian River , located appro x imately 3 2 miles upstream of the border between N ew M exico and Texas. (b) EA STERN NE W ME X ICO RURAL W ATER S Y STE M .— (1) F INANCIAL ASSISTANCE.— (A) IN G ENERAL.—The Secretary may provide financial and technical assistance to the Authority to assist in plan - ning, designing, conducting related preconstruction activi- ties for, and constructing the System. (B) USE.— (i) IN GENERAL.—Any financial assistance provided under subparagraph (A) shall be obligated and expended only in accordance with a cooperative agree- ment entered into under subsection (d)(1)(B). (ii) L IMITATIONS.—Financial assistance provided under clause (i) shall not be used— (I) for any activity that is inconsistent with constructing the System
or (II) to plan or construct facilities used to supply irrigation water for irrigated agricultural purposes. (2) COST-S H ARING RE Q UIREMENT.— (A) IN GENERAL.—The Federal share of the total cost of any activity or construction carried out using amounts made available under this section shall be not more than 7 5 percent of the total cost of the System. (B) SYSTEM D EVELO P MENT COSTS.—For purposes of subparagraph (A), the total cost of the System shall include any costs incurred by the Authority or the State on or after O ctober 1, 2 0 03, for the development of the System. (3) LIMITATION.—No amounts made available under this section may be used for the construction of the System until— (A) a plan is developed under subsection (c)(2); and (B) the Secretary and the Authority have complied with any re q uirements of the National Environmental P olicy Act of 1969 ( 4 2 U.S.C. 4321 et seq.) applicable to the System. (4) TITLE TO PRO J ECT WOR K S.—Title to the infrastructure of the System shall be held by the Authority or as may other- wise be specified under State law. (c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— (1) IN GENERAL.—The Authority shall be responsible for the annual operation, maintenance, and replacement costs asso- ciated with the System. (2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.— The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that estab- lishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year.
