124 STAT. 3078 PUBLIC LAW 111–291—DEC. 8, 2010 (c) WATER SERVICE CAPITAL CHARGES.—The Tribe shall not be responsible for any water service capital charge for tribal CAP water. (d) ALLOCATION AND REPAYMENT.—For the purpose of deter- mining the allocation and repayment of costs of any stage of the CAP constructed after November 21, 2007, the costs associated with the delivery of water described in subsection (b), regardless of whether the water is delivered for use by the Tribe or in accord- ance with any assignment, exchange, lease, option to lease, or other agreement for the temporary disposition of water entered into by the Tribe, shall be— (1) nonreimbursable; and (2) excluded from the repayment obligation of the District. (e) WATER CODE.—Not later than 18 months after the enforce- ability date, the Tribe shall enact a water code that— (1) governs the tribal water rights; and (2) includes, at a minimum— (A) provisions requiring the measurement, calculation, and recording of all diversions and depletions of water on the reservation and on off-reservation trust land; (B) terms of a water conservation plan, including objec- tives, conservation measures, and an implementation timeline; (C) provisions requiring the approval of the Tribe for the severance and transfer of rights to the use of water from historically irrigated land identified in paragraph 11.3.2.1 of the Agreement to diversions and depletions on other non-historically irrigated land not located on the watershed of the same water source; and (D) provisions requiring the authorization of the Tribe for all diversions of water on the reservation and on off- reservation trust land by any individual or entity other than the Tribe. SEC. 306. CONTRACT. (a) IN GENERAL.—The Secretary shall enter into the Contract, in accordance with the Agreement, to provide, among other things, that— (1) the Tribe, on approval of the Secretary, may— (A) enter into contracts or options to lease, contracts to exchange, or options to exchange tribal CAP water in Maricopa, Pinal, Pima, and Yavapai Counties in the State providing for the temporary delivery to any individual or entity of any portion of the tribal CAP water, subject to the condition that— (i) the term of the contract or option to lease shall not be longer than 100 years; (ii) the contracts or options to exchange shall be for the term provided in the contract or option; and (iii) a lease or option to lease providing for the temporary delivery of tribal CAP water shall require the lessee to pay to the Operating Agency all CAP fixed OM&R charges and all CAP pumping energy charges (as defined in the repayment stipulation) asso- ciated with the leased water; and Deadline.
