Page:United States Statutes at Large Volume 118.djvu/3558

 118 STAT. 3528 PUBLIC LAW 108–451—DEC. 10, 2004 shall be excluded from the repayment obligation, if any, of the NM CAP entity under the New Mexico Unit Agreement); (2) in determining payment for CAP water under the New Mexico Unit Agreement, the NM CAP entity shall be respon- sible only for its share of operations, maintenance, and replace- ment costs (and no capital costs attendant to other units or portions of the Central Arizona Project shall be charged to the NM CAP entity); (3) upon request by the NM CAP entity, the Secretary shall transfer to the NM CAP entity the responsibility to design, build, or operate and maintain the New Mexico Unit, or all or any combination of those responsibilities, provided that the Secretary shall not transfer the authority to divert water pursu- ant to the New Mexico Consumptive Use and Forbearance Agreement, provided further that the Secretary, shall remain responsible to the parties to the New Mexico Consumptive Use and Forbearance Agreement for the NM CAP entity’s compliance with the terms and conditions of that agreement; (4) the Secretary shall divert water and otherwise exercise her rights and authorities pursuant to the New Mexico Consumptive Use and Forbearance Agreement solely for the benefit of the NM CAP entity and for no other purpose; (5) the NM CAP entity shall own and hold title to all portions of the New Mexico Unit constructed pursuant to the New Mexico Unit Agreement; and (6) the Secretary shall provide a waiver of sovereign immu- nity for the sole and exclusive purpose of resolving a dispute in Federal court of any claim, dispute, or disagreement arising under the New Mexico Unit Agreement. (d) AMENDMENT TO SECTION 304.—Section 304(f) of the Colorado River Basin Project Act (43 U.S.C. 1524(f)) is amended— (1) by striking paragraph (1) and inserting the following: ‘‘(1) In the operation of the Central Arizona Project, the Sec- retary shall offer to contract with water users in the State of New Mexico, with the approval of its Interstate Stream Commission, or with the State of New Mexico, through its Interstate Stream Commission, for water from the Gila River, its tributaries and underground water sources in amounts that will permit consumptive use of water in New Mexico of not to exceed an annual average in any period of 10 consecutive years of 14,000 acre-feet, including reservoir evaporation, over and above the consumptive uses provided for by article IV of the decree of the Supreme Court of the United States in Arizona v. California (376 U.S. 340). Such increased consump- tive uses shall continue only so long as delivery of Colorado River water to downstream Gila River users in Arizona is being accomplished in accordance with this Act, in quantities sufficient to replace any diminution of their supply resulting from such diversion from the Gila River, its tributaries and underground water sources. In determining the amount required for this purpose, full consideration shall be given to any differences in the quality of the water involved.’’; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (e) COST LIMITATION.—In determining payment for CAP water under the New Mexico Consumptive Use and Forbearance Agree- ment, the NM CAP entity shall be responsible only for its share Contracts. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00062 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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