Page:United States Statutes at Large Volume 124.djvu/3177

 124 STAT. 3151 PUBLIC LAW 111–291—DEC. 8, 2010 Agreement has been approved by the United States District Court for the District of New Mexico; (H) a final decree that sets forth the water rights for all parties to the Aamodt Case and that substantially conforms to the Settlement Agreement has been approved by the United States District Court for the District of New Mexico; and (I) the waivers and releases described in section 624 have been executed. (b) EXPIRATION DATE.—If all the conditions precedent described in subsection (a)(2) have not been fulfilled by September 15, 2017— (1) the Settlement Agreement shall no longer be effective; (2) the waivers and releases described in the Settlement Agreement and section 624 shall not be effective; (3) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title, together with any interest earned on those funds, any water rights or contracts to use water, and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this title shall be returned to the Federal Government, unless other- wise agreed to by the Pueblos and the United States and approved by Congress; and (4) except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (3), the United States shall be entitled to set off any Federal funds appropriated or made available to carry out the activities authorized by this title that were expended or withdrawn, together with any interest accrued on those funds, against any claims against the United States— (A) relating to water rights in the Pojoaque Basin asserted by any Pueblo that benefitted from the use of expended or withdrawn Federal funds; or (B) in any future settlement of the Aamodt Case. (c) ENFORCEMENT DATE.—The Settlement Agreement shall become enforceable beginning on the date on which the United States District Court for the District of New Mexico enters a partial final decree pursuant to subsection (a)(2)(G) and an Interim Administrative Order consistent with the Settlement Agreement. (d) EFFECTIVENESS OF WAIVERS.—The waivers and releases executed pursuant to section 624 shall become effective as of the date that the Secretary publishes the notice required by subsection (a)(1). (e) REQUIREMENTS FOR DETERMINATION OF SUBSTANTIAL COMPLETION OF THE REGIONAL WATER SYSTEM.— (1) CRITERIA FOR SUBSTANTIAL COMPLETION OF REGIONAL WATER SYSTEM.—Subject to the provisions in section 611(d) concerning the extent, size, and capacity of the County Distribu- tion System, the Regional Water System shall be determined to be substantially completed if the infrastructure has been constructed capable of— (A) diverting, treating, transmitting, and distributing a supply of 2,500 acre-feet of water to the Pueblos; and (B) diverting, treating, and transmitting the quantity of water specified in the Engineering Report to the County Distribution System.