or rehabilitation of conjunctive use wells under sec-
tion 306(b) $30,000,000, as adjusted under para-
graph (3), for the period of fiscal years 2008 
through 2018. 
(2) WELLS IN THE LITTLE COLORADO AND RIO 
GRANDE BASINS.—There is authorized to be appro-
priated to the Secretary for the construction or reha-
bilitation of conjunctive use wells under section 
306(c) such sums as are necessary for the period of 
fiscal years 2008 through 2024. 
(3) ADJUSTMENTS.—The amount under para-
graph (1) shall be adjusted by such amounts as may 
be required by reason of changes since 2004 in con-
struction costs, as indicated by engineering cost indi-
ces applicable to the types of construction or reha-
bilitation involved. 
(4) 
NONREIMBURSABLE
EXPENDITURES.— 
Amounts made available under paragraphs (1) and 
(2) shall be nonreimbursable to the United States. 
(5) USE.—In addition to the uses authorized 
under paragraphs (1) and (2), amounts made avail-
able under that paragraph may be used for the con-
duct of related activities to comply with Federal en-
vironmental laws. 
(c) SAN JUAN RIVER IRRIGATION PROJECTS.— 
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(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary— 
(A) to carry out subsection 307(a)(1), not 
more than $7,700,000, as adjusted under para-
graph (2), for the period of fiscal years 2008 
through 2014; and 
(B) to carry out subsection 307(a)(2), not 
more than $15,400,000, as adjusted under 
paragraph (2), for the period of fiscal years 
2008 through 2017. 
(2) ADJUSTMENT.—The amounts made avail-
able under paragraph (1) shall be adjusted by such 
amounts as may be required by reason of changes 
since January 1, 2004, in construction costs, as in-
dicated by engineering cost indices applicable to the 
types of construction involved in the rehabilitation. 
(3) 
NONREIMBURSABLE
EXPENDITURES.— 
Amounts made available under this subsection shall 
be nonreimbursable to the United States. 
(d) CULTURAL RESOURCES.— 
(1) IN GENERAL.—The Secretary may use not 
more than 4 percent of amounts made available 
under subsections (a) and (b) for the survey, recov-
ery, protection, preservation, and display of archae-
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ological resources in the area of a Project facility or 
conjunctive use well. 
(2) NONREIMBURSABLE EXPENDITURES.—Any 
amounts made available under paragraph (1) shall 
be nonreimbursable and nonreturnable to the United 
States. 
(e) FISH AND WILDLIFE FACILITIES.— 
(1) IN GENERAL.—In association with the de-
velopment of the Project, the Secretary may use not 
more than 4 percent of amounts made available 
under subsections (a) and (b) to purchase land and 
construct and maintain facilities to mitigate the loss 
of, and improve conditions for the propagation of, 
fish and wildlife if any such purchase, construction, 
or maintenance will not affect the operation of any 
water project or use of water. 
(2) NONREIMBURSABLE EXPENDITURES.—Any 
amounts expended under paragraph (1) shall be 
nonreimbursable and nonreturnable to the United 
States. 
TITLE IV—NAVAJO NATION 
WATER RIGHTS 
SEC. 401. AGREEMENT. 
(a) AGREEMENT APPROVAL.— 
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(1) APPROVAL BY CONGRESS.—Except to the 
extent that any provision of the Agreement conflicts 
with this Act, Congress approves, ratifies, and incor-
porates by reference the Agreement (including any 
amendments to the Agreement that are executed to 
make the Agreement consistent with this Act). 
(2) EXECUTION
BY
SECRETARY.—The Sec-
retary, acting on behalf of the United States, shall 
enter into the Agreement to the extent that the 
Agreement does not conflict with this Act, includ-
ing— 
(A) any exhibits to the Agreement requir-
ing the signature of the Secretary; and 
(B) any amendments to the Agreement 
necessary to make the Agreement consistent 
with this Act. 
(3) AUTHORITY
OF
SECRETARY.—The Sec-
retary may carry out any action that the Secretary 
determines is necessary or appropriate to implement 
the Agreement, the Contract, and this section. 
(4) ADMINISTRATION
OF
NAVAJO
RESERVOIR 
RELEASES.—The State of New Mexico may admin-
ister releases of stored water from Navajo Reservoir 
in accordance with subparagraph 9.1 of the Agree-
ment. 
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(b) WATER AVAILABLE UNDER CONTRACT.— 
(1) QUANTITIES OF WATER AVAILABLE.— 
(A) IN GENERAL.—Water shall be made 
available annually under the Contract for 
projects in the State of New Mexico supplied 
from the Navajo Reservoir and the San Juan 
River (including tributaries of the River) under 
New Mexico State Engineer File Numbers 
2849, 2883, and 3215 in the quantities de-
scribed in subparagraph (B). 
(B) WATER QUANTITIES.—The quantities 
of water referred to in subparagraph (A) are as 
follows: 
Diver-
sion 
(acre- 
feet/ 
year) 
Deple-
tion 
(acre- 
feet/ 
year) 
Navajo Indian Irrigation Project 
508,000 
270,000 
Northwestern New Mexico Rural Water Supply Project 
22,650 
20,780 
Animas-La Plata Project 
4,680 
2,340 
Total 
535,330 
293,120 
(C) MAXIMUM QUANTITY.—A diversion of 
water to the Nation under the Contract for a 
project described in subparagraph (B) shall not 
exceed the quantity of water necessary to sup-
ply the amount of depletion for the project. 
(D) TERMS, CONDITIONS, AND
LIMITA-
TIONS.—The diversion and use of water under 
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the Contract shall be subject to and consistent 
with the terms, conditions, and limitations of 
the Agreement, this Act, and any other applica-
ble law. 
(2) AMENDMENTS
TO
CONTRACT.—The Sec-
retary, with the consent of the Nation, may amend 
the Contract if the Secretary determines that the 
amendment is— 
(A) consistent with the Agreement; and 
(B) in the interest of conserving water or 
facilitating beneficial use by the Nation or a 
subcontractor of the Nation. 
(3) RIGHTS OF THE NATION.—The Nation may, 
under the Contract— 
(A) use tail water, wastewater, and return 
flows attributable to a use of the water by the 
Nation or a subcontractor of the Nation if— 
(i) the depletion of water does not ex-
ceed the quantities described in paragraph 
(1); and 
(ii) the use of tail water, wastewater, 
or return flows is consistent with the 
terms, conditions, and limitations of the 
Agreement, the Resolution, and any other 
applicable law; and 
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(B) change a point of diversion, change a 
purpose or place of use, and transfer a right for 
depletion under this Act (except for a point of 
diversion, purpose or place of use, or right for 
depletion for use in the State of Arizona under 
section 303(b)(2)(D)), to another use, purpose, 
place, or depletion in the State of New Mexico 
to meet a water resource or economic need of 
the Nation if— 
(i) the change or transfer is subject to 
and consistent with the terms of the 
Agreement, the Partial Final Decree de-
scribed in paragraph 3.0 of the Agreement, 
the Contract, and any other applicable law; 
and 
(ii) a change or transfer of water use 
by the Nation does not alter any obligation 
of the United States, the Nation, or an-
other party to pay or repay project con-
struction, operation, maintenance, or re-
placement costs under this Act and the 
Contract. 
(c) SUBCONTRACTS.— 
(1) IN GENERAL.— 
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(A) SUBCONTRACTS
BETWEEN
NATION 
AND THIRD PARTIES.—The Nation may enter 
into subcontracts for the delivery of Project 
water under the Contract to third parties for 
any beneficial use in the State of New Mexico 
(on or off land held by the United States in 
trust for the Nation or a member of the Nation 
or land held in fee by the Nation). 
(B) APPROVAL REQUIRED.—A subcontract 
entered into under subparagraph (A) shall not 
be effective until approved by the Secretary in 
accordance with this subsection and the Con-
tract. 
(C) SUBMITTAL.—The Nation shall submit 
to the Secretary for approval or disapproval any 
subcontract entered into under this subsection. 
(D) DEADLINE.—The Secretary shall ap-
prove or disapprove a subcontract submitted to 
the Secretary under subparagraph (C) not later 
than the later of— 
(i) the date that is 180 days after the 
date on which the subcontract is submitted 
to the Secretary; and 
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(ii) the date that is 60 days after the 
date on which a subcontractor complies 
with— 
(I) section 102(2)(C) of the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)); and 
(II) any other requirement of 
Federal law. 
(E) ENFORCEMENT.—A party to a sub-
contract may enforce the deadline described in 
subparagraph (D) under section 1361 of title 
28, United States Code. 
(F) COMPLIANCE
WITH
OTHER
LAW.—A 
subcontract described in subparagraph (A) shall 
comply with the Agreement, the Partial Final 
Decree described in paragraph 3.0 of the Agree-
ment, and any other applicable law. 
(2) ALIENATION.— 
(A) PERMANENT
ALIENATION.—The Na-
tion shall not permanently alienate any right 
granted to the Nation under the Contract. 
(B) MAXIMUM TERM.—The term of any 
water use subcontract (including a renewal) 
under this subsection shall be not more than 99 
years. 
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(3) NONINTERCOURSE ACT COMPLIANCE.—This 
subsection— 
(A) provides congressional authorization 
for the subcontracting rights of the Nation; and 
(B) is deemed to fulfill any requirement 
that may be imposed by section 2116 of the Re-
vised Statutes (25 U.S.C. 177). 
(4) FORFEITURE.—The nonuse of the water 
supply secured by a subcontractor of the Nation 
under this subsection shall not result in forfeiture, 
abandonment, relinquishment, or other loss of any 
part of a right decreed to the Nation under the Con-
tract or this section. 
(5) NO PER CAPITA PAYMENTS.—No part of 
the revenue from a water use subcontract under this 
subsection shall be distributed to any member of the 
Nation on a per capita basis. 
(d) 
WATER
LEASES
NOT
REQUIRING
SUB-
CONTRACTS.— 
(1) AUTHORITY OF NATION.— 
(A) IN GENERAL.—The Nation may lease, 
contract, or otherwise transfer to another party 
or to another purpose or place of use in the 
State of New Mexico (on or off land that is held 
by the United States in trust for the Nation or 
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a member of the Nation or held in fee by the 
Nation) a water right that— 
(i) is decreed to the Nation under the 
Agreement; and 
(ii) is not subject to the Contract. 
(B) COMPLIANCE WITH OTHER LAW.—In 
carrying out an action under this subsection, 
the Nation shall comply with the Agreement, 
the Partial Final Decree described in paragraph 
3.0 of the Agreement, the Supplemental Partial 
Final Decree described in paragraph 4.0 of the 
Agreement, and any other applicable law. 
(2) ALIENATION; MAXIMUM TERM.— 
(A) ALIENATION.—The Nation shall not 
permanently alienate any right granted to the 
Nation under the Agreement. 
(B) MAXIMUM TERM.—The term of any 
water use lease, contract, or other arrangement 
(including a renewal) under this subsection 
shall be not more than 99 years. 
(3) NONINTERCOURSE ACT COMPLIANCE.—This 
subsection— 
(A) provides congressional authorization 
for the lease, contracting, and transfer of any 
water right described in paragraph (1)(A); and 
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(B) is deemed to fulfill any requirement 
that may be imposed by the provisions of sec-
tion 2116 of the Revised Statutes (25 U.S.C. 
177). 
(4) FORFEITURE.—The nonuse of a water right 
of the Nation by a lessee or contractor to the Nation 
under this subsection shall not result in forfeiture, 
abandonment, relinquishment, or other loss of any 
part of a right decreed to the Nation under the Con-
tract or this section. 
(e) HYDROGRAPHIC SURVEY.— 
(1) PREPARATION.—The Secretary, on behalf of 
the United States, shall prepare a hydrographic sur-
vey under the joint supervision of the Secretary and 
the State of New Mexico (acting through the New 
Mexico State Engineer) to identify and quantify any 
historic or existing diversion or use of water (includ-
ing from surface water and underground water 
sources) by the Nation or a member of the Nation 
from the San Juan River Basin in the State of New 
Mexico, as described in subparagraph 4.2 of the 
Agreement. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), there is authorized to be appro-
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