Page:United States Statutes at Large Volume 124.djvu/3152

 124 STAT. 3126 PUBLIC LAW 111–291—DEC. 8, 2010 law, any applicable Federal law, and any applicable interstate compact as apply to the exercise of water rights or contract rights to San Juan-Chama Project water held by non-Federal, non-Indian entities, including all applicable State Engineer permitting and reporting requirements. (2) EFFECT ON WATER RIGHTS.—Such diversion or use off Pueblo lands under paragraph (1) shall not impair water rights or increase surface water depletions within the Taos Valley. (d) MAXIMUM TERM.— (1) IN GENERAL.—The maximum term of any water use lease or subcontract, including all renewals, shall not exceed 99 years in duration. (2) ALIENATION OF RIGHTS.—The Pueblo shall not perma- nently alienate any rights it has under the Settlement Agree- ment, the Partial Final Decree, and this title. (e) APPROVAL OF SECRETARY.—The Secretary shall approve or disapprove any lease or subcontract submitted by the Pueblo for approval within a reasonable period of time after submission, pro- vided that no Secretarial approval shall be required for any water use lease for less than 10 acre-feet per year with a term of less than 7 years, including all renewals. (f) NO FORFEITURE OR ABANDONMENT.—The nonuse by a lessee or subcontractor of the Pueblo of any right to which the Pueblo is entitled under the Partial Final Decree shall in no event result in a forfeiture, abandonment, relinquishment, or other loss of all or any part of those rights. (g) NO PREEMPTION.— (1) IN GENERAL.—The approval authority of the Secretary provided under subsection (e) shall not amend, construe, super- sede, or preempt any State or Federal law, interstate compact, or international treaty that pertains to the Colorado River, the Rio Grande, or any of their tributaries, including the appro- priation, use, development, storage, regulation, allocation, con- servation, exportation, or quantity of those waters. (2) APPLICABLE LAW.—The provisions of section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any water made available under the Settlement Agreement. (h) NO PREJUDICE.—Nothing in this title shall be construed to establish, address, prejudice, or prevent any party from litigating whether or to what extent any applicable State law, Federal law, or interstate compact does or does not permit, govern, or apply to the use of the Pueblo’s water outside of New Mexico. SEC. 507. MUTUAL -BENEFIT PROJECTS. (a) IN GENERAL.—Upon the Enforcement Date, the Secretary, acting through the Commissioner of Reclamation, shall provide financial assistance in the form of grants on a nonreimbursable basis to Eligible Non-Pueblo Entities to plan, permit, design, engi- neer, and construct the Mutual-Benefit Projects in accordance with the Settlement Agreement— (1) to minimize adverse impacts on the Pueblo’s water resources by moving future non-Indian ground water pumping away from the Pueblo’s Buffalo Pasture; and (2) to implement the resolution of a dispute over the alloca- tion of certain surface water flows between the Pueblo and non-Indian irrigation water right owners in the community of Arroyo Seco Arriba.