Page:United States Statutes at Large Volume 114 Part 1.djvu/777

 PUBLIC LAW 106-263—AUG. 18, 2000 114 STAT. 741 „ (2) The Shivwits Band and the United States for the benefit of the Shivwits Band shall make available, in accordance with the.terms of the St. George Water Reuse Agreement and this Act, a total of $15,000,000 to St. George for the proportionate share of the design, engineering, permitting, construction, operation, maintenance, repair, and replacement of the St. Greorge Water Reuse Project associated with the 2,000 acre-feet annually to be provided to the Shivwits Band. SEC. 6. SANTA CLARA PROJECT. (a) SANTA CLARA PROJECT. —The Santa Clara Project shall consist of a pressurized pipeline from the existing Gunlock Reservoir across the Shivwits Reservation to and including Ivins Reservoir, along with main lateral pipelines. The Santa Clara Project shall pool and deliver the water rights of the parties as set forth in the Santa Clara Project Agreement. The Santa Clara Project shall deliver to the Shivwits Band a total of 1,900 acre-feet annually in accordance with the Santa Clara Project Agreement and this Act. (b) INSTREAM FLOW.— The Santa Clara Project shall release instream flow water from the Gunlock Reservoir into the Santa Clara River for the benefit of the Virgin Spinedace, in accordance with the Santa Clara Project Agreement and this Act. (c) PROJECT FUNDING. —The Utah Legislature and the United States Congress have each appropriated grants of $750,000 for the construction of the Santa Clara Project. The District shall provide a grant of $750,000 for the construction of the Santa Clara Project. The District shall provide any additional funding required for the construction of the Santa Clara Project. (d) PROJECT CONSTRUCTION, OPERATION, AND MAINTENANCE. — The District shall be responsible for the permitting, design, engineering, construction, and the initial operation, maintenance, repair, and replacement of the Santa Clara Project. Operation, maintenance, repair, and replacement activities and costs of the Santa Clara Project shall be handled in accordance with the terms of the Santa Clara Project Agreement. SEC. 7. SHIVWITS WATER RIGHT. (a) IN GENERAL. —The Shivwits Band and its members shall have the right in perpetuity to divert, pump, impound, use, and reuse a total of 4,000 acre-feet of water annually from the Virgin River and Santa Clara River systems, to be taken as follows: (1) 1,900 acre-feet annually from the Ssinta Clara River System, with an 1890 priority date in accordance with the terms of the Santa Clara Project Agreement. (2) 2,000 acre-feet of water annually from the St. George Water Reuse Project as provided for in the St. George Water Reuse Project Agreement. The Shivwits Band shall have first priority to the reuse water provided from the St. George Water Reclamation Facility. (3) 100 acre-feet annually, with a 1916 priority date, from groundwater on the Shivwits Reservation. (b) WATER RIGHTS CLAIMS.— All water rights claims of the Shivwits Band, and the Paiute Indian Tribe of Utah acting on behalf of the Shivwits Band, are hereby settled. The Shivwits Water Right is hereby ratified, confirmed, and shall be held in trust by the United States for the benefit of the Shivwits Band.

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