124 STAT. 3141 PUBLIC LAW 111–291—DEC. 8, 2010 (B) the allocation of the Regional Water System capacity; (C) the terms of use of unused water capacity in the Regional Water System; (D) terms of interim use of County unused capacity, in accordance with section 614(d); (E) the construction of additional infrastructure and the acquisition of associated rights-of-way or easements necessary to enable any of the Pueblos or the County to fully use water allocated to the Pueblos or the County from the Regional Water System, including provisions addressing when the construction of such additional infra- structure requires approval by the Authority; (F) the allocation and payment of annual operation, maintenance, and replacement costs for the Regional Water System, including the portions of the Regional Water System that are used to treat, transmit, and distribute water to both the Pueblo Water Facilities and the County Water Utility; (G) the operation of wellfields located on Pueblo land; (H) the transfer of any water rights necessary to pro- vide the Pueblo water supply described in section 613(a); (I) the operation of the Regional Water System with respect to the water supply, including the allocation of the water supply in accordance with section 3.1.8.4.2 of the Settlement Agreement so that, in the event of a short- age of supply to the Regional Water System, the supply to each of the Pueblos’ and to the County’s distribution system shall be reduced on a pro rata basis, in proportion to each distribution system’s most current annual use; and (J) dispute resolution; and (3) provisions for operating and maintaining the Regional Water System facilities before and after conveyance under sec- tion 611(h), including provisions to— (A) ensure that— (i) the operation of, and the diversion and convey- ance of water by, the Regional Water System is in accordance with the Settlement Agreement; (ii) the wells in the Regional Water System are used in conjunction with the surface water supply of the Regional Water System to ensure a reliable firm supply of water to all users of the Regional Water System, consistent with the intent of the Settlement Agreement that surface supplies will be used to the maximum extent feasible; (iii) the respective obligations regarding delivery, payment, operation, and management are enforceable; and (iv) the County has the right to serve any new water users located on non-Pueblo land in the Pojoaque Basin; and (B) allow for any aquifer storage and recovery projects that are approved by the Office of the New Mexico State Engineer.
