‘‘(1) IN GENERAL.—In order to settle the out-
standing claims of the Tribes on the Animas and La
Plata Rivers, the Secretary, acting through the Bu-
reau of Reclamation, is authorized to:
‘‘(A) complete construction of, operate, and
maintain a reservoir, a pumping plant, a res-
ervoir inlet conduit, and appurtenant facilities
with sufficient capacity to divert and store
water from the Animas River to provide for an
average annual depletion of 57,100 acre feet of
water to be used for a municipal and industrial
water supply, which facilities shall—
‘‘(i) be designed and operated in ac-
cordance with the hydrologic regime nec-
essary for the recovery of the endangered
fish of the San Juan River as determined
by the San Juan River Recovery Imple-
mentation Program;
‘‘(ii) include an inactive pool of an ap-
propriate size to be determined by the Sec-
retary following the completion of required
environmental compliance; and
‘‘(iii) include those recreation facilities
determined to be appropriate by agreement
between the State of Colorado and the Sec-
retary, which agreement shall address the
payment of any of the costs of such facili-
ties by the State of Colorado in addition to
the costs described in (B)(iii); and
‘‘(B) deliver through the use of the project
components referred to in subparagraph (A),
the following municipal and industrial water al-
locations:
‘‘(i) To the Southern Ute Indian
Tribe, with an average annual depletion
not to exceed 16,525 acre-feet of water for
its present and future needs.
‘‘(ii) To the Ute Mountain Ute Indian
Tribe, with an average annual depletion
not to exceed 16,525 acre-feet of water for
its present and future needs.
‘‘(iii) To the Navajo Nation, with an
average annual depletion not to exceed
2,340 acre-feet of water.
‘‘(iv) To the San Juan Water Com-
mission, with an average annual depletion
not to exceed 10,400 acre-feet of water.
‘‘(v) To the Animas-La Plata Conser-
vancy District, with an average annual de-
pletion of an amount not to exceed 2,600
acre-feet of water.
‘‘(vi) To the State of Colorado, with
an average annual depletion of an amount
not to exceed 5,230 acre-feet of water.
‘‘(vii) To the La Plata Conservancy
District of New Mexico, with an average
annual depletion of an amount not to ex-
ceed 780 acre-feet of water.
‘‘(2) APPLICABILITY
OF
OTHER
FEDERAL
LAW.—The responsibilities of the Secretary de-
scribed in paragraph (1) are subject to the require-
ments of the Federal statutes related to the protec-
tion of the environment and otherwise applicable to
the construction of the proposed facilities, including
but not limited to the National Environmental Pol-
icy Act of 1969, the Federal Water Pollution Con-
trol Act, and the Endangered Species Act of 1973.
Nothing in this Act is intended to predetermine or
otherwise affect the outcome of any analysis con-
ducted under applicable statutes.
‘‘(3) LIMITATION ON USE WITH OTHER FACILI-
TIES.—If constructed, the facilities described in
paragraph (1)(A) shall not be used in conjunction
with any other facility authorized as part of the
Animas-La Plata Project without express authoriza-
tion from Congress.
‘‘(4) TRIBAL CONSTRUCTION COSTS.—Construc-
tion costs of the facilities described in paragraph
(1)(A) required to deliver each tribe’s municipal and
industrial water allocation under clauses (i), (ii), and
(iii) of paragraph (1)(B) shall not be reimbursable
to the United States.
‘‘(5) NONTRIBAL
WATER
CAPITAL
OBLIGA-
TIONS.—In lieu of a repayment contract under sec-
tion 9 of the Reclamation Project Act of 1939 (43
U.S.C. 485h), the nontribal municipal and industrial
water capital repayment obligations for the facilities
described in paragraph (1)(A) may be satisfied upon
the payment in full of the nontribal water capital ob-
ligations prior to the initiation of construction. The
amount of those obligations shall be determined by
agreement between the Secretary of the Interior and
each of the San Juan Water Commission, the La
Plata Conservancy District, the Animas-La Plata
Conservancy District, and the State of Colorado as
to the appropriate reimbursable share of the con-
struction costs allocated to that entity’s municipal
water supply and shall take account that the con-
struction of facilities to provide irrigation water sup-
plies from the Animas-La Plata Project is not au-
thorized under subsection (1)(A) and no costs asso-
ciated with the design or development of such facili-
ties, including environmental compliance, shall be al-
locable to the municipal and industrial users of the
facilities authorized under subsection (1)(A).
‘‘(6) TRIBAL WATER ALLOCATIONS.—
‘‘(A) IN GENERAL.—With respect to mu-
nicipal and industrial water allocated to a Tribe
from the Animas-La Plata Project or the Dolo-
res Project, until that water is first used by a
Tribe or pursuant to a water use contract with
the Tribe, the Secretary shall pay the annual
operation, maintenance, and replacement costs
allocable to that municipal and industrial water
allocation of the Tribe.
‘‘(B) TREATMENT
OF
COSTS.—A Tribe
shall not be required to reimburse the Secretary
for any payment made under subparagraph (A).
‘‘(7) REPAYMENT OF PRO RATA SHARE.—As an
increment of a municipal and industrial water alloca-
tion of a Tribe described in paragraph (6) is first
used by a Tribe or is first used pursuant to the
terms of a water use contract with the Tribe—