Page:United States Statutes at Large Volume 118.djvu/3585

 118 STAT. 3555 PUBLIC LAW 108–451—DEC. 10, 2004 mining, underground storage, instream flow, riparian habitat maintenance, or recreational use). ‘‘(b) USE AREA.— ‘‘(1) USE WITHIN NATION’S RESERVATION.—Subject to sub- section (d), the Nation may use at any location within the Nation’s Reservation— ‘‘(A) the water supplies acquired under sections 304(a) and 306(a); ‘‘(B) groundwater supplies; and ‘‘(C) storage credits acquired as a result of projects authorized under section 308(e), or deferred storage credits described in section 308(f), except to the extent that use of those storage credits causes the withdrawal of ground- water in violation of applicable Federal law. ‘‘(2) USE OUTSIDE THE NATION’S RESERVATION.— ‘‘(A) IN GENERAL.—Water resources granted or con- firmed under this title may be sold, leased, transferred, or used by the Nation outside of the Nation’s Reservation only in accordance with this title. ‘‘(B) USE WITHIN CERTAIN AREA.—Subject to subsection (c), the Nation may use the Central Arizona Project water supplies acquired under sections 304(a) and 306(a) within the Central Arizona Project service area. ‘‘(C) STATE LAW.—With the exception of Central Arizona Project water and groundwater withdrawals under the Asarco agreement, the Nation may sell, lease, transfer, or use any water supplies and storage credits acquired as a result of a project authorized under section 308(e) at any location outside of the Nation’s Reservation, but within the State, only in accordance with State law. ‘‘(D) LIMITATION.—Deferred pumping storage credits provided for in section 308(f) shall not be sold, leased, transferred, or used outside the Nation’s Reservation. ‘‘(E) PROHIBITION ON USE OUTSIDE THE STATE.—No water acquired under section 304(a) or 306(a) shall be leased, exchanged, forborne, or otherwise transferred by the Nation for any direct or indirect use outside the State. ‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EXCHANGES AND LEASES.— ‘‘(1) IN GENERAL.—With respect to users outside the Nation’s Reservation, the Nation may, for a term of not to exceed 100 years, assign, exchange, lease, provide an option to lease, or otherwise temporarily dispose of to the users, Cen- tral Arizona Project water to which the Nation is entitled under sections 304(a) and 306(a) or storage credits acquired under section 308(e), if the assignment, exchange, lease, option, or temporary disposal is carried out in accordance with— ‘‘(A) this subsection; and ‘‘(B) subsection (b)(2). ‘‘(2) LIMITATION ON ALIENATION.—The Nation shall not permanently alienate any water right under paragraph (1). ‘‘(3) AUTHORIZED USES.—The water described in paragraph (1) shall be delivered within the Central Arizona Project service area for any use authorized under applicable law. ‘‘(4) CONTRACT.—An assignment, exchange, lease, option, or temporary disposal described in paragraph (1) shall be executed only in accordance with a contract that— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00089 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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