Page:United States Statutes at Large Volume 118.djvu/3579

 118 STAT. 3549 PUBLIC LAW 108–451—DEC. 10, 2004 on which the San Xavier District Council certifies by resolution that the subjugation is scheduled to com- mence, the Nation pays to the San Xavier District, not later than 90 days before the date on which the subjugation is scheduled to commence, from the trust fund under section 315, or from other sources of funds held by the Nation, the amount determined by the Secretary under clause (i); and ‘‘(G) subject to business lease No. H54–16–72 dated April 26, 1972, of San Xavier Reservation land to Asarco and approved by the United States on November 14, 1972, that the Nation— ‘‘(i) shall allocate as a first right of beneficial use by allottees, the San Xavier District, and other persons within the San Xavier Reservation— ‘‘(I) 35,000 acre-feet of the 50,000 acre-feet of water deliverable under sections 304(a)(1) and 306(a)(1), including the use of the allocation— ‘‘(aa) to fulfill the obligations prescribed in the Asarco agreement; and ‘‘(bb) for groundwater storage, mainte- nance of instream flows, and maintenance of riparian vegetation and habitat; ‘‘(II) the 10,000 acre-feet of groundwater identified in subsection (a)(1)(A); ‘‘(III) the groundwater withdrawn from exempt wells; ‘‘(IV) the deferred pumping storage credits authorized by section 308(f)(1)(B); and ‘‘(V) the storage credits resulting from a project authorized in section 308(e) that cannot be lawfully transferred or otherwise disposed of to persons for recovery outside the Nation’s Reservation; ‘‘(ii) subject to section 309(b)(2), has the right— ‘‘(I) to use, or authorize other persons or enti- ties to use, any portion of the allocation of 35,000 acre-feet of water deliverable under sections 304(a)(1) and 306(a)(1) outside the San Xavier Res- ervation for any period during which there is no identified actual use of the water within the San Xavier Reservation; ‘‘(II) as a first right of use, to use the remaining acre-feet of water deliverable under sec- tions 304(a)(1) and 306(a)(1) for any purpose and duration authorized by this title within or outside the Nation’s Reservation; and ‘‘(III) subject to section 308(e), as an exclusive right, to transfer or otherwise dispose of the stor- age credits that may be lawfully transferred or otherwise disposed of to persons for recovery out- side the Nation’s Reservation; ‘‘(iii) shall issue permits to persons or entities for use of the water resources referred to in clause (i); ‘‘(iv) shall, on timely receipt of an order for water by a permittee under a permit for Central Arizona Project water referred to in clause (i), submit the order to— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00083 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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