Page:United States Statutes at Large Volume 118.djvu/3576

 118 STAT. 3546 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(A) the exchange of water; or ‘‘(B) the use of aqueducts, canals, conduits, and other facilities (including pumping plants) for water delivery; or ‘‘(2) to use facilities constructed, in whole or in part, with Federal funds. ‘‘(d) COMPENSATION AND DISBURSEMENTS.— ‘‘(1) COMPENSATION.—If the Secretary is unable to acquire and deliver sufficient quantities of water under section 304(a), this section, or section 306(a), the Secretary shall provide com- pensation in accordance with paragraph (2) in amounts equal to— ‘‘(A)(i) the value of such quantities of water as are not acquired and delivered, if the delivery and distribution system for, and the improvements to, the irrigation system for the cooperative farm have not been completed by the deadline required under section 304(c)(1); or ‘‘(ii) the value of such quantities of water as— ‘‘(I) are ordered by the Nation for use by the San Xavier Cooperative Association in the irrigation system; but ‘‘(II) are not delivered in any calendar year; ‘‘(B)(i) the value of such quantities of water as are not acquired and delivered, if the extension of the irrigation system is not completed by the deadline required under section 304(c)(2); or ‘‘(ii) the value of such quantities of water as— ‘‘(I) are ordered by the Nation for use by the San Xavier Cooperative Association in the extension to the irrigation system; but ‘‘(II) are not delivered in any calendar year; and ‘‘(C)(i) the value of such quantities of water as are not acquired and delivered, if the irrigation system is not completed by the deadline required under section 304(c)(4); or ‘‘(ii) except as provided in clause (i), the value of such quantities of water as— ‘‘(I) are ordered by the Nation for use in the irriga- tion system, or for use by any person or entity (other than the San Xavier Cooperative Association); but ‘‘(II) are not delivered in any calendar year. ‘‘(2) DISBURSEMENT.—Any compensation payable under paragraph (1) shall be disbursed— ‘‘(A) with respect to compensation payable under sub- paragraphs (A) and (B) of paragraph (1), to the San Xavier Cooperative Association; and ‘‘(B) with respect to compensation payable under para- graph (1)(C), to the Nation for retention by the Nation or disbursement to water users, under the provisions of the water code or other applicable laws of the Nation. ‘‘(e) NO EFFECT ON WATER RIGHTS.—Nothing in this section authorizes the Secretary to acquire or otherwise affect the water rights of any Indian tribe. ‘‘SEC. 306. ADDITIONAL WATER DELIVERY. ‘‘(a) IN GENERAL.—In addition to the delivery of water described in section 304(a), the Secretary shall deliver annually from the VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00080 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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