Page:United States Statutes at Large Volume 123.djvu/1403

 123STA T . 13 8 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)ADMIN I STRA TI O N .—Notwi t hs t and in g an y oth erp ro v ision o fl aw— (i) any hydroele c tric power generated u nder this paragraph shall b e used or m ar k eted by the Nation (ii) the Nation shall retain any revenues from the sale of the hydroelectric power; and (iii) the U nited S tates shall have no trust obliga - tion or other obligation to monitor , administer, or account for the revenues received by the Nation, or the e x penditure of the revenues. ( 4 ) STORA GE .— (A) I N GENERA L .—Sub j ect to subparagraph (B), any water contracted for delivery under paragraph ( 1 ) that is not needed for current water demands or uses may be delivered by the P roject for placement in underground storage in the State of New M exico for future recovery and use. (B) STATE A P PRO V AL.— D elivery of water under subparagraph (A) is subject to— (i) approval by the State of New Mexico under applicable provisions of State law relating to a q uifer storage and recovery; and (ii) the provisions of the Agreement and this sub- title. (b) PRO J E C T W ATER AND C APACIT Y ALLOCATIONS.— (1) DIVERSION.—Subject to availability and consistent with F ederal and State law, the Project may divert from the Navajo R eservoir and the San J uan River a quantity of water to be allocated and used consistent with the Agreement and this subtitle, that does not exceed in any 1 year, the lesser of— (A) 37 ,7 60 acre-feet of water; or (B) the quantity of water necessary to supply a deple- tion from the San Juan River of 3 5, 89 0 acre-feet. ( 2 ) PROJECT DELIVERY CAPACITY ALLOCATIONS.— (A) IN GENERAL.— T he capacity of the Project shall be allocated to the Project Participants in accordance with subparagraphs (B) through ( E ), other provisions of this subtitle, and other applicable law. (B) DELIVERY CAPACITY ALLOCATION TO T H E CITY.— The Project may deliver at the point of diversion from the San Juan River not more than 7,500 acre-feet of water in any 1 year for which the City has secured rights for the use of the City. (C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMM U NITIES IN NE W ME X ICO.—For use by the Nation in the State of New Mexico, the Project may deliver water out of the water rights held by the Secretary for the Nation and confirmed under this subtitle, at the points of diversion from the San Juan River or at Navajo Reservoir in any 1 year, the lesser of— (i) 22,650 acre-feet of water; or (ii) the quantity of water necessary to supply a depletion from the San Juan River of 20,780 acre- feet of water. (D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMMUNITIES IN ARI Z ONA.—Subject to subsection (c), the Project may deliver at the point of diversion from the