Page:United States Statutes at Large Volume 123.djvu/1393

 123STA T . 13 7 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (i)anyh y droel e ct ric p o w er g enerated u nder thi s para - graph shall b e used or m ar k eted by the N a v a j o Nation ‘‘(ii) the Navajo Nation shall retain any revenues f rom the sale of the hydroelectric power; and ‘‘(iii) the U nited S tates shall have no trust obligation to monitor , administer, or account for the revenues received by the Navajo Nation, or the e x penditure of the revenues . ‘‘( 4 ) T he implementation of the alternate water source provisions described in subparagraph 9 . 2 of the agreement executed under section 107 01(a)(2) of the Northwestern New M exico R ural W ater P rojects A ct. ‘‘(d) The Navajo I ndian Irrigation Project water diverted under subsection (b) may be transferred to areas located within or outside the area served by Navajo Indian Irrigation Project facilities, and within or outside the boundaries of the Navajo Nation, for any beneficial use in accordance with — ‘‘(1) the agreement executed under section 10701(a)(2) of the Northwestern New Mexico Rural Water Projects Act; ‘‘(2) the contract executed under section 10 6 04(a)(2)( B )of that Act; and ‘‘( 3 ) any other applicable law. ‘‘(e) The Secretary may use the capacity of the Navajo Indian Irrigation Project works to convey water supplies for— ‘‘(1) the Navajo- G allup Water Supply Project under section 10602 of the Northwestern New Mexico Rural Water Projects Act; or ‘‘(2) other nonirrigation purposes authori z ed under sub- section (c) or (d). ‘‘(f)(1) Repayment of the costs of construction of the project (as authorized in subsection (a)) shall be in accordance with the Act of April 11, 19 5 6 (commonly known as the ‘ C olorado River Storage Project Act ’ ) (43 U.S.C. 620 et se q .), including section 4(d) of that Act. ‘‘(2) The Secretary shall not reallocate, or require repayment of, construction costs of the Navajo Indian Irrigation Project because of the conveyance of water supplies for nonirrigation purposes under subsection (e).’’. (b) R UNOF FA B O VE N A VA J O D A M .—Section 11 of Public L aw 8 7 – 483 (76 Stat. 100) is amended by adding at the end the following ‘‘(d)(1) F or purposes of implementing in a year of prospective shortage the water allocation procedures established by subsection (a), the Secretary of the Interior shall determine the quantity of any shortages and the appropriate apportionment of water using the normal diversion requirements on the flow of the San J uan River originating above Navajo Dam based on the following criteria: ‘‘(A) The quantity of diversion or water delivery for the current year anticipated to be necessary to irrigate land in accordance with cropping plans prepared by contractors. ‘‘(B) The annual diversion or water delivery demands for the current year anticipated for non-irrigation uses under water delivery contracts, including contracts authorized by the North- western New Mexico Rural Water Projects Act, but excluding any current demand for surface water for placement into aquifer storage for future recovery and use. Det e rmina ti o n .43USC615s s.