Page:United States Statutes at Large Volume 104 Part 1.djvu/1036

 104 STAT. 1002 PUBLIC LAW 101-438—OCT. 18, 1990 the downstream end of the current American Canal in El Paso, Texas, and extending to Riverside Heading. (b) OPERATION OF CANAL.— (1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall operate the extension of the American Canal provided for in subsection (a). Government (2) DELIVERY OF WATERS. —The Secretary shall enter into an Mexioj*^ agreement with El Paso County Water Improvement District Number 1 pursuant to which the Water Improvement District would be responsible for the operation of the American Canal with respect to the delivery of all waters, with the exception of those waters belonging to Mexico which, consistent with paragraph (3), the Secretary shall be responsible for delivering. (3) UNITED STATES OBLIGATIONS UNDER 1906 AND 1933 CONVEN- TIONS.—In authorizing the agreement described in paragraph (2), this Act— (A) does not in any way affect the jurisdiction, powers, or prerogatives of the International Boundary and Water Commission, United States and Mexico, and (B) does not in any way impede the ability of the United States Government to fulfill its obligations under the 1906 and 1933 Conventions. (c) USE OF CANAL AS CONVEYANCE CHANNEL.— (1) USE BY MEXICO. — The Secretary may enter into an agreement with Mexico which permits Mexico to use the American Canal as a conveyance channel. Any such agreement shall require Mexico to make payments to the United States for Mexico's use of the American Canal. (2) USE BY NON-FEDERAL ENTITIES.—Upon obtaining the express approval of the Secretary, El Paso County Water Improvement District Number 1 may enter into agreements with other non-Federal entities pursuant to which such entities may use the American Canal as a conveyance channel. (d) MAINTENANCE OF EXTENSION.— The Secretary shall maintain the extension of the American Canal provided for in subsection (a). (e) LOCAL CONTRIBUTIONS TO COSTS.—The extension of the American Canal provided for in subsection (a) may not be constructed unless the Secretary and El Paso County Water Improvement District Number 1 have entered into the following agreements: (1) CONSTRUCTION COSTS. — An agreement pursuant to which El Paso County Water Improvement District Number 1 will pay $5,000,000 as its share of the construction costs for the construction of the extension of the American Canal provided for in subsection (a). (2) MAINTENANCE COSTS.— An agreement pursuant to which El Paso County Water Improvement District Number 1 will contribute a cumulative amount of $50,000 each year to the United States Commissioner as its share of the costs for maintenance of the extention of the American Canal provided for in subsection (a). After the 7-year anniversary of the completion of the construction of that extension (and after the end of each 7- year intervsil since the last such renegotiation), the Secretary and the El Paso County Water Improvement District Number 1 may renegotiate the amount of the contribution of El Paso County Water Improvement District Number 1 pursuant to the agreement required by this paragraph in order to reflect any increase in Bureau of Labor Statistics Consumer Price Index-

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