Page:United States Statutes at Large Volume 96 Part 1.djvu/1318

 96 STAT. 1276

Water management plan, establishment.

Appropriation authorization.

Study.

Study.

PUBLIC LAW 97-293—OCT. 12, 1982

(2) in the case of the Schuk Toak District of the Sells Papago Reservation— (A) deliver annually from the main project works of the Central Arizona Project ten thousand eight hundred acrefeet of water suitable for agricultural use to the reservation in accordance with the provisions of section 304(a); and (B) design and construct an irrigation system in the Eastern Schuk Toak District of the Sells Papago Reservation, including such canals, laterals, farm ditches, and irrigation works, as are necessary for the efficient distribution for agricultural purposes of the water referred to in subparagraph (A); and (3) establish a water management plan for the San Xavier Reservation and the Schuk Toak District of the Sells Papago Reservation which, except as is necessary to be consistent with the provisions of this title, will have the same effect as any management plan developed under Arizona law. (4) There are authorized to be appropriated up to $3,500,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved for those features of the irrigation system described in paragraph (1)(B) or (2)(B) of section 303(a) which are not authorized to be constructed under any other provision of law. (b)(1) In order to encourage the Papago Tribe to develop sources of water on the Sells Papago Reservation, the Secretary shall, if so requested by the tribe, carry out a study to determine the availability and suitability of water resources within the Sells Papago Reservation but outside the Tucson Active Management Area and that part of the Upper Santa Cruz Bsisin not within that area. (2) The Secretary shall, in cooperation with the Secretary of Energy, or, with the appropriate agency or officials, carry out a study to determine— (A) the availability of energy and the energy requirements which result from the enactment of the provisions of this title, and (B) the feasibility of constructing a solar power plant or other alternative energy producing facility to meet such requirements. (c) The Papago Tribe shall have the right to withdraw ground water from beneath the San Xavier Reservation and the Schuk Toak District of the Sells Papago Reservation subject to the limitations of section 306(a). (d) Nothing contained in this title shall diminish or abrogate any obligations of the Secretary to the Papago Tribe under the December 11, 1980, agreement. (e) Nothing contained in sections 303(c) and 306(c) shall be construed to establish whether or not the Federal reserved rights doctrine applies, or does not apply, to ground water. DEUVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER SUPPUES; OPERATION AND MAINTENANCE

SEC. 304. (a) The water delivered from the main project works of the Central Arizona Project to the San Xavier Reservation and to the Schuk To£dc District of the Sells Papago Reservation as provided

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