Page:United States Statutes at Large Volume 123.djvu/1394

 123STA T . 13 74PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (C)Ana nn u a l n orm al dive r s ion demand o f135,0 00a c re - fee t for t h e initial sta g eofthe S an J uan-Chama P ro j ect author- i z ed by section 8, w hich shall be the amount to which any shortage is a p plied . ‘‘( 2 ) T he Secretary shall not include in the normal diversion re q uirements — ‘‘(A) the quantity of water that reliably can be anticipated to be diverted or delivered under a contract from inflows to the San Juan R iver arising below N avajo D am under New M e x ico State E ngineer F ile No. 3215 or ‘‘( B ) the quantity of water anticipated to be supplied through reuse. ‘‘(e)(1) I f the Secretary determines that there is a shortage of water under subsection (a), the Secretary shall respond to the shortage in the Navajo Reservoir water supply by curtailing releases and deliveries in the following order ‘‘(A) The demand for delivery for uses in the State of Arizona under the Navajo- G allup W ater Supply Project author- ized by section 10 6 03 of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for the uses from inflows to the San Juan River that arise below Navajo Dam in accordance with New Mexico State Engineer File No. 3215. ‘‘(B) The demand for delivery for uses allocated under para- graph 8.2 of the agreement executed under section 10 7 01(a)(2) of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for such uses under State Engineer File No. 3215. ‘‘(C) The uses in the State of New Mexico that are deter- mined under subsection (d), in accordance with the procedure for apportioning the water supply under subsection (a). ‘‘(2) For any year for which the Secretary determines and responds to a shortage in the Navajo Reservoir water supply, the Secretary shall not deliver, and contractors of the water supply shall not divert, any of the water supply for placement into aquifer storage for future recovery and use. ‘‘(3) To determine the occurrence and amount of any shortage to contracts entered into under this section, the Secretary shall not include as available storage any water stored in a top water ban k in Navajo Reservoir established under section 16(a) of the Act of April 11, 1 9 56 (commonly known as the ‘Colorado River Storage Project Act ’ ). ‘‘(f) The Secretary of the Interior shall apportion water under subsections (a), (d), and (e) on an annual volume basis. ‘‘(g) The Secretary of the Interior may revise a determination of shortages, apportionments, or allocations of water under sub- sections (a), (d), and (e) on the basis of information relating to water supply conditions that was not available at the time at which the determination was made. ‘‘(h) Nothing in this section prohibits the distribution of water in accordance with cooperative water agreements between water users providing for a sharing of water supplies. ‘‘(i) Diversions under New Mexico State Engineer File No. 3215 shall be distributed, to the maximum extent water is available, in proportionate amounts to the diversion demands of contractors and subcontractors of the Navajo Reservoir water supply that are diverting water below Navajo Dam.’’.