Page:United States Statutes at Large Volume 118.djvu/3580

 118 STAT. 3550 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(I) the Secretary; or ‘‘(II) the operating agency for the Central Arizona Project; ‘‘(v) shall issue permits for water deliverable under sections 304(a)(2) and 306(a)(2), including quantities of water reasonably necessary for the irrigation system referred to in section 304(c)(3); ‘‘(vi) shall issue permits for groundwater that may be withdrawn from nonexempt wells in the eastern Schuk Toak District; and ‘‘(vii) shall, on timely receipt of an order for water by a permittee under a permit for water referred to in clause (v), submit the order to— ‘‘(I) the Secretary; or ‘‘(II) the operating agency for the Central Arizona Project; and ‘‘(2) the Alvarez case and Tucson case have been dismissed with prejudice. ‘‘(b) RESPONSIBILITIES ON COMPLETION.—On completion of an irrigation system or extension of an irrigation system described in paragraph (1) or (2) of section 304(c), or in the case of the irrigation system described in section 304(c)(3), if such irrigation system is constructed on individual Indian trust allotments, neither the United States nor the Nation shall be responsible for the operation, maintenance, or replacement of the system. ‘‘(c) PAYMENT OF CHARGES.—The Nation shall not be responsible for payment of any water service capital charge for Central Arizona Project water delivered under section 304, subsection (a) or (b) of section 305, or section 306. ‘‘SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STORAGE PROJECTS; STORAGE ACCOUNTS; GROUNDWATER. ‘‘(a) WATER RESOURCES.—Water resources described in clauses (i) and (ii) of section 307(a)(1)(G)— ‘‘(1) shall be subject to section 7 of the Act of February 8, 1887 (25 U.S.C. 381); and ‘‘(2) shall be apportioned pursuant to clauses (i) and (ii) of section 307(a)(1)(G). ‘‘(b) WATER CODE.—Subject to this title and any other applicable law, the Nation shall— ‘‘(1) manage, regulate, and control the water resources of the Nation and the water resources granted or confirmed under this title; ‘‘(2) establish conditions, limitations, and permit require- ments, and promulgate regulations, relating to the storage, recovery, and use of surface water and groundwater within the Nation’s Reservation; ‘‘(3) enact and maintain— ‘‘(A) an interim allottee water rights code that— ‘‘(i) is consistent with subsection (a); ‘‘(ii) prescribes the rights of allottees identified in paragraph (4); and ‘‘(iii) provides that the interim allottee water rights code shall be incorporated in the comprehensive water code referred to in subparagraph (B); and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00084 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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