Apache Nation that requires the Jicarilla Apache 
Nation— 
(A) to repay, within a 50-year period, the 
share of any construction cost of the Jicarilla 
Apache Nation relating to the Project; and 
(B) to pay the operation, maintenance, and 
replacement costs of the Project that are allo-
cable to the Jicarilla Apache Nation. 
(2) SHARE OF CONSTRUCTION COSTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall determine the 
share of the Jicarilla Apache Nation of the con-
struction costs of the Project, based on the abil-
ity of the Jicarilla Apache Nation to pay the 
construction costs of the Project facilities that 
are allocable to the Jicarilla Apache Nation. 
(B) MINIMUM
PERCENTAGE.—The share 
of the Jicarilla Apache Nation under subpara-
graph (A) shall be at least 25 percent of the 
construction costs of the Project that are allo-
cable to the Jicarilla Apache Nation. 
(3) EXCESS CONSTRUCTION COSTS.—Any con-
struction costs of the Project allocable to providing 
capacity to deliver water to the Jicarilla Apache Na-
tion that are in excess of the share of the Jicarilla 
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Apache Nation of the construction costs of the 
Project, as determined under paragraph (2), shall be 
nonreimbursable. 
(4) GRANT FUNDS.—A grant from any other 
Federal source shall not be credited toward the 
share of the Jicarilla Apache Nation of construction 
costs. 
(5) NAVAJO
INDIAN
IRRIGATION
PROJECT 
COSTS.—The Jicarilla Apache Nation shall have no 
obligation to repay any Navajo Indian Irrigation 
Project construction costs that might otherwise be 
allocable to the Jicarilla Apache Nation for use of 
the Navajo Indian Irrigation Project facilities to 
convey water to the Jicarilla Apache Nation. 
(6) OPERATION, MAINTENANCE AND REPLACE-
MENT
OBLIGATION.—The Jicarilla Apache Nation 
shall pay the operation, maintenance, and replace-
ment costs relating to each facility of the Project 
that are allocable to the Jicarilla Apache Nation. 
(d) CAPITAL COST ALLOCATIONS.—For purposes of 
determining the capital repayment requirements of the 
Project Participants under this section, the Secretary shall 
review and, as appropriate, update the report prepared by 
the Bureau of Reclamation in the Draft Impact Statement 
allocating capital construction costs for the Project. 
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(e) OPERATION, MAINTENANCE, AND REPLACEMENT 
COST ALLOCATIONS.—For purposes of determining the 
operation, maintenance, and replacement obligations of 
the Project Participants under this section, the Secretary 
shall review and, as appropriate, update the report pre-
pared by the Bureau of Reclamation in the Draft Impact 
Statement that allocates operation, maintenance, and re-
placement costs for the Project. 
(f) TEMPORARY WAIVERS OF PAYMENTS.— 
(1) IN GENERAL.—On the date on which the 
Project is substantially complete and the Nation re-
ceives a delivery of water generated by the Project, 
the Secretary may waive, for a period of not more 
than 10 years, the operation, maintenance, and re-
placement costs of the Project allocable to the Na-
tion that the Secretary determines are in excess of 
the ability of the Nation to pay. 
(2) PAYMENT BY UNITED STATES.—Any oper-
ation, maintenance, or replacement costs waived by 
the Secretary under paragraph (1) shall be paid by 
the United States. 
(3) EFFECT
ON
CONTRACTS.—Failure of the 
Secretary to waive costs under paragraph (1) be-
cause of a lack of availability of Federal funding to 
pay the costs under paragraph (2) shall not alter the 
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obligations of the Nation or the United States under 
a repayment contract. 
(4) TERMINATION
OF
AUTHORITY.—The au-
thority of the Secretary to waive costs under para-
graph (1) with respect to a Project facility trans-
ferred to the Nation under section 302(f) shall ter-
minate on the date on which the Project facility is 
transferred. 
SEC. 305. USE OF NAVAJO NATION MUNICIPAL PIPELINE. 
In addition to use of the Navajo Nation Municipal 
Pipeline to convey the Animas-La Plata Project water of 
the Nation, the Nation may use the Navajo Nation Munic-
ipal Pipeline to convey water for other purposes (including 
purposes relating to the Project). 
SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 
(a) CONJUNCTIVE GROUNDWATER DEVELOPMENT 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Nation, in consultation with the Secretary, 
shall complete a conjunctive groundwater development 
plan for the wells described in subsections (b) and (c). 
(b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac-
cordance with the conjunctive groundwater development 
plan, the Secretary may construct or rehabilitate wells and 
related pipeline facilities to provide capacity for the diver-
sion and distribution of not more than 1,670 acre-feet of 
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groundwater in the San Juan River Basin in the State 
of New Mexico for municipal and domestic uses. 
(c) WELLS
IN
THE LITTLE COLORADO
AND RIO 
GRANDE BASINS.— 
(1) IN
GENERAL.—In accordance with the 
Project and conjunctive groundwater development 
plan for the Nation, the Secretary may construct or 
rehabilitate wells and related pipeline facilities to 
provide capacity for the diversion and distribution 
of— 
(A) not more than 680 acre-feet of ground-
water in the Little Colorado River Basin in the 
State of New Mexico; 
(B) not more than 80 acre-feet of ground-
water in the Rio Grande Basin in the State of 
New Mexico; and 
(C) not more than 770 acre-feet of ground-
water in the Little Colorado River Basin in the 
State of Arizona. 
(2) USE.—Groundwater diverted and distrib-
uted under paragraph (1) shall be used for munic-
ipal and domestic uses. 
(d) ACQUISITION OF LAND.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may acquire any land or in-
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terest in land that is necessary for the construction, 
operation, and maintenance of the wells and related 
pipeline facilities authorized under subsections (b) 
and (c). 
(2) LIMITATION.—Nothing in this subsection 
authorizes the Secretary to condemn water rights for 
the purposes described in paragraph (1). 
(e) CONDITION.—The Secretary shall not commence 
any construction activity relating to the wells described in 
subsections (b) and (c) until the Secretary executes the 
Agreement. 
(f) CONVEYANCE OF WELLS.— 
(1) IN
GENERAL.—The Secretary shall enter 
into an agreement with the Nation to convey to the 
Nation— 
(A) any well or related pipeline facility 
constructed or rehabilitated under subsections 
(a) and (b) after the wells and related facilities 
have been completed; and 
(B) any land or interest in land acquired 
by the United States for the construction, oper-
ation, and maintenance of the well or related 
pipeline facility. 
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT.—On completion of a conveyance under para-
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