Page:United States Statutes at Large Volume 118.djvu/3542

 118 STAT. 3512 PUBLIC LAW 108–451—DEC. 10, 2004 other person, entity, corporation, or municipal corporation under Federal, State, or other law: (i) All common law claims for injury or threat of injury to water quality where the injury or threat of injury asserted is to the Community’s, Community members’ or allottees’ interests in trust land, water, or natural resources located within the exterior bound- aries of the Reservation or within off-Reservation trust lands caused by— (I) the delivery of water to the Community; (II) the off-Reservation diversion (other than pumping), or ownership or operation of structures for the off-Reservation diversion (other than pumping), of water; (III) the off-Reservation pumping, or owner- ship or operation of structures for the off-Reserva- tion pumping, of water in a manner not in violation of the Gila River agreement or of any applicable pumping limitations under State law; (IV) the recharge, or ownership or operation of structures for the recharge, of water under a State permit; and (V) the off-Reservation application of water to land for irrigation. (ii) All natural resource damage claims for injury or threat of injury to water quality where the United States, through the Secretary of the Interior or other designated officials, would act on behalf of the Commu- nity, its members or allottees as a natural resource trustee pursuant to the National Contingency Plan, (as currently set forth in section 300.600(b)(2) of title 40, Code of Federal Regulations, or as it may hereafter be amended), and where the claim is based on injury to natural resources or threat of injury to natural resources within the exterior boundaries of the Res- ervation or off-Reservation trust lands, caused by— (I) the delivery of water to the Community; (II) the off-Reservation diversion (other than pumping), or ownership or operation of structures for the off-Reservation diversion (other than pumping), of water; (III) the off-Reservation pumping, or owner- ship or operation of structures for the off-Reserva- tion pumping, of water in a manner not in violation of the Gila River agreement or of any applicable pumping limitations under State law; (IV) the recharge, or ownership or operation of structures for the recharge, of water under a State permit; and (V) the off-Reservation application of water to land for irrigation. (F) CLAIMS BY THE COMMUNITY AGAINST THE SALT RIVER PROJECT.— (i) IN GENERAL.—Except as provided in subpara- graph 25.12 of the Gila River agreement, to the extent consistent with this section, the Community, on behalf of the Community and Community members (but not VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00046 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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