Page:United States Statutes at Large Volume 88 Part 2.djvu/183

 88 STAT. ]

PUBLIC LAW 93-494-OCT. 27, 1974

1499

evaporation and other causes. Authorized releases, as provided above, are subject to and subordinated to any obligations under contracts for San Juan-Chama project vf^ater now or hereafter in force and for filling and maintaining a pool in Cochiti Reservoir under the Act of Congress dated March 26, 1964 (Public Law 88-293; 78 Stat. 171). The provisions of section 11(a) of the Act of June 13, 1962 (76 Stat. 96), requiring a contract satisfactory to the Secretary for the use of 43 USC asss. any water of the San J u a n River are hereby expressly waived with water use conrespect to the use of water required to establish and maintain a perma- *'"^''*' "'^'^^'^• nent pool in Elephant Butte Reservoir: Provided, however, That nothing in this Act shall be construed to diminish, abridge, or impair any water rights of the Jicarilla, Southern Ute, Navajo and Ute Mountain Indians. Releases, as authorized by this title, shall be discontinued or reduced upon a finding by a court of competent jurisdiction that such releases are detrimental to such Indian water rights. (b) The releases of water from Heron Reservoir authorized herein shall not be permitted unless and until the Rio Grande Compact Commission agrees by resolution that>— (1) the term "usable water" as defined in article I of the Rio Grande Compact shall not include San Juan-Chama project water stored in Elephant Butte Reservoir; (2) in the determination of "actual spill" as that term is defined in article I of the Rio Grande Compact, neither the spill of "credit water", as that term is defined in article I of the Rio Grande Compact, shall not occur until all San Juan-Chama project water stored in Elephant Butte Reservoir shall have been spilled; and (3) the amount of evaporation loss chargeable to San JuanChama project water stored in Elephant Butte Reservoir shall be that increment of the evaporation loss from the storage of San Juan-Chama project wate^r; the evaporation loss from the reservoir shall be taken as the difference between the gross evaporation from the water surface of Elephant Butte Reservoir and the rainfall on the same surface. (c) Fifty per centum of any incremental costs incurred by the Secretary in the implementation of this title shall be borne by a nonFederal entity pursuant to arrangements satisfactory to the Secretary. SEC, 1402. Nothing contained in this title shall be construed to increase the amount of money heretofore authorized to be appropriated for construction of the Colorado River storage project, any of its units, or of the Rio Grande project. SEC. 1403. Nothing herein shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Rio Grande compact. Approved October 27, 1974. Public Law 93-494 AN ACT

To authorize appropriations for the Indian Claims Commission for fiscal year

October 27, 1974

[S. 3007]

1975.

Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled., That there is author- Indian claims ized to be appropriated not to exceed $1,450,000 to carry out the pro- Appropriation visions of the Indian Claims Commission Act (25 U.S.C. 70), during authorization. fiscal year 1975. SEC. 2. The first sentence of the last paragraph in section 2 of the Act of August 13, 1946 (60 Stat. 1050; 25 U.S.C. 70a) is hereby

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