Page:United States Statutes at Large Volume 123.djvu/1405

 123STA T . 13 85PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ofNewM e xic ofo rus esi nth e S t a te of A ri z ona ) sha l l b ea dm inistered and accounted for as either —( i)a p art of, and char g ed against, the a v ailable consumptive use apportionment made to the State of Arizona b y Article I II(a) of the C ompact and to the U pper B asin by Article III(a) of the Colorado R iver Compact, in which case any water so diverted by the P ro j ect into the L ower Basin for use within the State of Arizona shall not be credited as water reaching Lee F erry pursuant to Article III(c) and III(d) of the Colorado River Compact or (ii) subject to subparagraph (B), a part of, and charged against, the consumptive use apportionment made to the Lower Basin by Article III(a) of the Colo - rado River Compact, in which case it shall— (I) be a part of the Colorado River water that is apportioned to the State of Arizona in Article II(B) of the Consolidated D ecree of the Supreme Court of the United States in Arizona v . California ( 547 U.S. 1 5 0 ) (as may be amended or supple- mented); (II) be credited as water reaching Lee Ferry pursuant to Article III(c) and III(d) of the Colorado River Compact; and (III) be accounted as the water identified in section 104(a)(1)(B)(ii) of the Arizona W ater Settle- ments Act, (11 8 Stat. 3 478). (B) L IM I TA TI ON .—Notwithstanding subparagraph (A)(ii), no water diverted by the Project shall be accounted for pursuant to subparagraph (A)(ii) until such time that— (i) the Secretary has developed and, as necessary and appropriate, modified, in consultation with the Upper Colorado River Commission and the G overnors ’ Representatives on Colorado River O perations from each State signatory to the Colorado River Compact, all operational and decisional criteria, policies, con- tracts, guidelines or other documents that control the operations of the Colorado River System reservoirs and diversion wor k s, so as to adjust, account for, and offset the diversion of water apportioned to the State of Arizona, pursuant to the Boulder Canyon Project Act (43 U.S.C. 6 17etse q .), from a point of diversion on the San J uan River in New Mexico; provided that all such modifications shall be consistent with the provisions of this Section, and the modifications made pursuant to this clause shall be applicable only for the duration of any such diversions pursuant to section 10603(c)( 2 )(A)(ii); and (ii) Article II(B) of the Decree of the Supreme Court of the United States in Arizona v. California (547 U.S. 150 as may be amended or supplemented) is administered so that diversions from the main stream for the Central Arizona Project, as served under existing contracts with the United States by diversion works heretofore constructed, shall be limited and reduced to offset any diversions made pursuant to sec- tion 10603(c)(2)(A)(ii) of this Act. T his clause shall Ap p licab ili ty.Cr it e ria. Po licie s . Co n tracts. Gu i d elines.