Page:United States Statutes at Large Volume 102 Part 4.djvu/1033

 PUBLIC LAW 100-675—NOV. 17, 1988

102 STAT. 4003

(2) permit water to be pumped from beneath public lands and, in conjunction therewith, authorize a program to recharge some or all of the groundwater that is so pumped. (c) TERMS AND CJONDITIONS OF WATER DELIVERIES.—Such supple-

mental water shall be provided for use by the Bands on their reservation and the local entities in their service areas pursuant to the terms of the settlement agreement and shall be delivered at locations, on a schedule and under terms and conditions to be agreed upon by the Secretary, the Indian Water Authority, the local entities and any agencies participating in the delivery of the water. It may be exchanged for water from other sources for use on the Bands' reservations or in the local entities' service areas. (d) COST OF DEVELOPING AND DEUVERING WATER.—The cost of developing and delivering supplemental water pursuant to this section shall not be borne by the United States, and no Federal appropriations are authorized for this purpose. (e) REPORT TO CONGRESS.—Notwithstanding the provisions of section 104, within nine months following enactment of this Act, the Secretary shall report to the Committee on Interior and Insular Affairs of the House of Representatives and to the Committee on Energy and Natural Resources and the Select Committee on Indian Affairs of the Senate on (1) the Secretary's recommendations for providing a supplemental water source including a description of the worl^, their costs and impacts, and the method of financing; and (2) the proposed form of contract for delivery of supplemental water to the Bands and the local entities. When 60 calendar days have Contracts. elapsed following submission of the Secretary's report, the Secretary shall execute the necessary contracts and carry out the recommended program unless otherwise directed by the Congress. SEC. 107. ESTABLISHMENT. STATUS, AND GENERAL POWERS OF SAN LUIS REY RIVER INDIAN WATER AUTHORITY. (a) ESTABLISHMENT OF INDIAN W A T E R AUTHORITY APPROVED AND RECOGNIZED.—

(1) IN GENERAL.—The establishment by the Bands of the San Luis Rey River Indian Water Authority as a permanent intertribal entity pursuant to duly adopted ordinances and the power of the Indian Water Authority to act for the Bands are hereby recognized and approved. (2) LIMITATION ON POWER TO AMEND OR MODIFY ORDINANCES.—

Any proposed modification or repeal of any ordinance referred to in paragraph (1) must be approved by the Secretan^, except that no such approval may be granted unless the Secretary finds that the proposed modification or repeal will not interfere with or impair the ability of the Indian Water Authority to carry out its responsibilities and obligations pursuant to this Act and the settlement agreement. (b) STATUS AND GENERAL POWERS OF INDIAN WATER AUTHORITY.— (1) STATUS AS INDIAN ORGANIZATION.—To the extent provided

in the ordinances of the Bands which established the Indian Water Authority, such Authority shall be treated as an Indian entity under Federal law with which the United States has a trust relationship. (2) POWER TO ENTER INTO AGREEMENTS.—The Indian Water

Authority may enter into such agreements as it may deem necessary to implement the provisions of this title and the settlement agreement.

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