(1) acquire water rights to— 
(A) 302 acre-feet of Nambe reserved water 
described in section 2.6.2 of the Settlement 
Agreement pursuant to section 107(c)(1)(C); and 
(B) 1141 acre-feet from water acquired by 
the County for water rights commonly referred to 
as ‘‘Top of the World’’ rights in the Aamodt 
Case; 
(2) enter into a contract with the Pueblos for 
1,079 acre-feet in accordance with section 11 of the 
San Juan-Chama Project Act; and 
(3) by application to the State Engineer, seek 
approval to divert the water acquired and made 
available under paragraphs (1) and (2) at the points 
of diversion for the Regional Water System, consistent 
with the Settlement Agreement and the Cost-Sharing 
and System Integration Agreement. 
(b) FORFEITURE.—The nonuse of the water supply se-
cured by the Secretary for the Pueblos under subsection (a) 
shall in no event result in forfeiture, abandonment, relin-
quishment, or other loss thereof. 
(c) TRUST.—The Pueblo water supply secured under 
subsection (a) shall be held by the United States in trust 
for the Pueblos. 
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(d) APPLICABLE LAW.—The water supply made avail-
able pursuant to subsection (a)(2) shall be subject to the 
San Juan-Chama Project Act, and no preference shall be 
provided to the Pueblos as a result of subsection (c) with 
regard to the delivery or distribution of San Juan-Chama 
Project water or the management or operation of the San 
Juan-Chama Project. 
(e) CONTRACT
FOR
SAN
JUAN-CHAMA
PROJECT 
WATER SUPPLY.—With respect to the contract for the water 
supply required by subsection (a)(2), such San Juan- 
Chama Project contract shall be pursuant to the following 
terms: 
(1) WAIVERS.—Notwithstanding the provisions 
of the San Juan-Chama Project Act, or any other 
provision of law— 
(A) the Secretary shall waive the entirety of 
the Pueblos’ share of the construction costs for 
the San Juan-Chama Project, and pursuant to 
that waiver, the Pueblos’ share of all construc-
tion costs for the San Juan-Chama Project, in-
clusive of both principal and interest, due from 
1972 to the execution of the contract required by 
subsection (a)(2), shall be nonreimbursable; 
(B) the Secretary’s waiver of each Pueblo’s 
share of the construction costs for the San Juan- 
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Chama Project will not result in an increase in 
the pro rata shares of other San Juan-Chama 
Project water contractors, but such costs shall be 
absorbed by the United States Treasury or other-
wise appropriated to the Department of the Inte-
rior; and 
(C) the costs associated with any water 
made available from the San Juan-Chama 
Project which were determined nonreimbursable 
and nonreturnable pursuant to Public Law No. 
88–293, 78 Stat. 171 (March 26, 1964), shall re-
main nonreimbursable and nonreturnable. 
(2) TERMINATION.—The contract shall provide 
that it shall terminate only upon the following condi-
tions— 
(A) failure of the United States District 
Court for the District of New Mexico to enter a 
final decree for the Aamodt Case by December 
15, 2012, or within the time period of any exten-
sion of that deadline granted by the court; or 
(B) entry of an order by the United States 
District Court for the District of New Mexico 
voiding the final decree and Settlement Agree-
ment for the Aamodt Case pursuant to section 
10.3 of the Settlement Agreement. 
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(f) LIMITATION.—The Secretary shall use the water 
supply secured under subsection (a) only for the purposes 
described in the Settlement Agreement. 
(g) FULFILLMENT OF WATER SUPPLY ACQUISITION 
OBLIGATIONS.—Compliance with subsections (a) through 
(f) shall satisfy any and all obligations of the Secretary 
to acquire or secure a water supply for the Pueblos pursu-
ant to the Settlement Agreement. 
(h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE-
MENT UNAFFECTED.—Notwithstanding the provisions of 
subsections (a) through (g), the Pueblos, the County or the 
Regional Water Authority may acquire any additional 
water rights to ensure all parties to the Settlement Agree-
ment receive the full allocation of water provided by the 
Settlement Agreement and nothing in this Act amends or 
modifies the quantities of water allocated to the Pueblos 
thereunder. 
SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 
WATER SYSTEM CAPACITY AND WATER. 
(a) ALLOCATION OF REGIONAL WATER SYSTEM CA-
PACITY.— 
(1) IN GENERAL.—The Regional Water System 
shall have the capacity to divert from the Rio Grande 
a quantity of water sufficient to provide— 
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(A) up to 4,000 acre-feet of consumptive use 
of water; and 
(B) the requisite peaking capacity described 
in— 
(i) the Engineering Report; and 
(ii) the final project design. 
(2) ALLOCATION TO THE PUEBLOS AND COUNTY 
WATER UTILITY.—Of the capacity described in para-
graph (1)— 
(A) there shall be allocated to the Pueblos— 
(i) sufficient capacity for the convey-
ance of 2,500 acre-feet consumptive use; and 
(ii) the requisite peaking capacity for 
the quantity of water described in clause 
(i); and 
(B) there shall be allocated to the County 
Water Utility— 
(i) sufficient capacity for the convey-
ance of up to 1,500 acre-feet consumptive 
use; and 
(ii) the requisite peaking capacity for 
the quantity of water described in clause 
(i). 
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