Page:United States Statutes at Large Volume 123.djvu/1406

 123STA T . 13 86PUBLIC LA W 111 – 11 —M A R .3 0, 200 9notaf f ec t ,i nan ym anne r ,t h e amo u nt of w ater a p por - tione d to A ri z ona pur s uant to the B ou l der C anyon P ro j ect Act (43U.S .C. 617 et se q . ) , or amend any pro v isions of said decree or the Colorado R iver Basin Project Act (43 U.S.C. 1 50 1 et. seq.). (3) U P P ERBASIN PR OT E C TIONS. — (A) CONS UL TATIONS.— H enceforth, in any consultation pursuant to 16 U.S.C. 1536(a) with respect to water development in the San J uan River Basin, the Secretary shall confer with the States of Colorado and N ew M e x ico, consistent with the provisions of section 5 of the ‘ ‘Principles for Conductin gE ndangered Species Act Section 7 Consulta- tions on W ater D evelopment and Water Management Activities Affecting Endangered F ish Species in the San Juan River Basin ’ ’ as adopted b y the Coordination Com- mittee, San Juan River Basin Recovery I mplementation Program, on June 1 9, 2 001, and as may be amended or modified. (B) PRESER V ATION O F E X ISTIN G RIG H TS.—Rights to the consumptive use of water available to the Upper Basin from the Colorado River System under the Colorado River Compact and the Compact shall not be reduced or preju- diced by any use of water pursuant to subsection 10603(c). Nothing in this Act shall be construed so as to impair, conflict with, or otherwise change the duties and powers of the Upper Colorado River Commission. (d) FORBEARANCE.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), during any year in which a shortage to the normal diversion require- ment for any use relating to the Project within the State of Arizona occurs (as determined under section 11 of Public L aw 8 7 – 483 (76 Stat. 99)), the Nation may temporarily forbear the delivery of the water supply of the Navajo Reservoir for uses in the State of New Mexico under the apportionments of water to the Navajo Indian Irrigation Project and the normal diversion requirements of the Project to allow an equivalent quantity of water to be delivered from the Navajo Reservoir water supply for municipal and domestic uses of the Nation in the State of Arizona under the Project. (2) LI M ITATION OF FORBEARANCE.— T he Nation may fore- bear the delivery of water under paragraph (1) of a quantity not exceeding the quantity of the shortage to the normal diver- sion requirement for any use relating to the Project within the State of Arizona. (3) EFFECT.—The forbearance of the delivery of water under paragraph (1) shall be subject to the requirements in subsection (c). (e) EFFECT.—Nothing in this subtitle— (1) authorizes the mar k eting, leasing, or transfer of the water supplies made available to the Nation under the Contract to non-Navajo water users in States other than the State of New Mexico or (2) authorizes the forbearance of water uses in the State of New Mexico to allow uses of water in other States other than as authorized under subsection (d). (f) COLORA D O RIVER COMPACTS.—Notwithstanding any other provision of law—