124 STAT. 3144 PUBLIC LAW 111–291—DEC. 8, 2010 (3) APPLICABLE LAW.—Water shall be allocated to the Pueblos and the County Water Utility under this subsection in accordance with— (A) this subtitle; (B) the Settlement Agreement; and (C) the Operating Agreement. (b) DELIVERY OF REGIONAL WATER SYSTEM WATER.—The Authority shall deliver water from the Regional Water System— (1) to the Pueblos water in a quantity sufficient to allow full consumptive use of up to 2,500 acre-feet per year of water rights by the Pueblos in accordance with— (A) the Settlement Agreement; (B) the Operating Agreement; and (C) this subtitle; and (2) to the County water in a quantity sufficient to allow full consumptive use of up to 1,500 acre-feet per year of water rights by the County Water Utility in accordance with— (A) the Settlement Agreement; (B) the Operating Agreement; and (C) this subtitle. (c) ADDITIONAL USE OF ALLOCATION QUANTITY AND UNUSED CAPACITY.—The Regional Water System may be used to— (1) provide for use of return flow credits to allow for full consumptive use of the water allocated in the Settlement Agree- ment to each of the Pueblos and to the County; and (2) convey water allocated to one of the Pueblos or the County Water Utility for the benefit of another Pueblo or the County Water Utility or allow use of unused capacity by each other through the Regional Water System in accordance with an intergovernmental agreement between the Pueblos, or between a Pueblo and County Water Utility, as applicable, if— (A) such intergovernmental agreements are consistent with the Operating Agreement, the Settlement Agreement, and this title; (B) capacity is available without reducing water delivery to any Pueblo or the County Water Utility in accordance with the Settlement Agreement, unless the County Water Utility or Pueblo contracts for a reduction in water delivery or Regional Water System capacity; (C) the Pueblo or County Water Utility contracting for use of the unused capacity or water has the right to use the water under applicable law; and (D) any agreement for the use of unused capacity or water provides for payment of the operation, maintenance, and replacement costs associated with the use of capacity or water. (d) INTERIM USE OF COUNTY CAPACITY.—In accordance with section 9.6.4 of the Settlement Agreement, the County may use unused capacity and water rights of the County Water Utility to supply water within the County outside of the Pojoaque Basin— (1) on approval by the State and the Authority; and (2) subject to the issuance of a permit by the New Mexico State Engineer.
