which the CAP System is used for the de-
livery of that water. 
(ii) PAYMENT OF CHARGES.—Except 
for CAP Water not delivered through the 
CAP System, which does not incur a CAP 
Pumping Energy Charge, or water deliv-
ered to other persons as described in sub-
paragraph (N), any applicable CAP Pump-
ing Energy Charge associated with the de-
livery of the YAN CAP Water shall be paid 
by the Yavapai-Apache Nation. 
(L) WAIVER OF PROPERTY TAX EQUIVA-
LENCY PAYMENTS.—No property tax or in-lieu 
property tax equivalency shall be due or payable 
by the Yavapai-Apache Nation for the delivery 
of CAP Water or for the storage of CAP Water 
in an underground storage facility or ground-
water savings facility. 
(M) 
LESSEE
RESPONSIBILITY
FOR 
CHARGES.— 
(i) IN GENERAL.—Any lease or option 
to lease providing for the temporary deliv-
ery to other persons of any YAN CAP 
Water shall require the lessee to pay to the 
CAP Operating Agency the CAP Fixed 
VerDate Sep 11 2014 
00:32 Nov 08, 2024
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
kjohnson on DSK7ZCZBW3PROD with $$_JOB
OM&R Charge and the CAP Pumping En-
ergy Charge associated with the delivery of 
the leased water. 
(ii) NO
RESPONSIBILITY
FOR
PAY-
MENT.—Neither the Yavapai-Apache Na-
tion nor the United States in any capacity 
shall be responsible for the payment of any 
charges associated with the delivery of the 
YAN CAP Water leased to other persons. 
(N) ADVANCE PAYMENT.—No YAN CAP 
Water shall be delivered unless the CAP Fixed 
OM&R Charge and any applicable CAP Pump-
ing Energy Charge associated with the delivery 
of that water have been paid in advance. 
(O) CALCULATION.—The charges for deliv-
ery of YAN CAP Water pursuant to the 
Yavapai-Apache Nation Amended CAP Water 
Delivery Contract shall be calculated in accord-
ance with the CAP Repayment Stipulation. 
(P) CAP
REPAYMENT.—For purposes of 
determining the allocation and repayment of 
costs of any stages of the CAP System con-
structed after November 21, 2007, the costs as-
sociated with the delivery of YAN CAP Water, 
whether such water is delivered for use by the 
VerDate Sep 11 2014 
00:32 Nov 08, 2024
Jkt 059200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Yavapai-Apache Nation, or in accordance with 
any assignment, exchange, lease, option to 
lease, or other agreement for the temporary dis-
position of YAN CAP Water entered into by the 
YAN, shall be— 
(i) nonreimbursable; and 
(ii) excluded from the repayment obli-
gation of the Central Arizona Water Con-
servation District. 
(Q) NONREIMBURSABLE
CAP
CONSTRUC-
TION COSTS.— 
(i) IN GENERAL.—With respect to the 
costs associated with the construction of 
the CAP System allocable to the Yavapai- 
Apache Nation— 
(I) the costs shall be nonreim-
bursable; and 
(II) the Yavapai-Apache Nation 
shall have no repayment obligation for 
the costs. 
(ii) CAPITAL
CHARGES.—No CAP 
water service capital charges shall be due 
or payable for the YAN CAP Water, re-
gardless of whether the YAN CAP Water 
is delivered— 
VerDate Sep 11 2014 
00:32 Nov 08, 2024
Jkt 059200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
kjohnson on DSK7ZCZBW3PROD with $$_JOB
100 
(I) for use by the Yavapai- 
Apache Nation; or 
(II) under any lease, option to 
lease, exchange, or option to exchange 
entered into by the Yavapai-Apache 
Nation. 
SEC. 112. ENFORCEABILITY DATE. 
(a) IN GENERAL.—The Agreement, including the 
waivers and releases of claims described in section 108, 
shall take effect and be fully enforceable on the date on 
which the Secretary publishes in the Federal Register a 
statement of findings that— 
(1) to the extent the Agreement conflicts with 
this Act— 
(A) the Agreement has been revised 
through an amendment to eliminate the con-
flict; and 
(B) the revised Agreement, including any 
exhibit requiring amendment or execution by 
any party to the Agreement, has been executed 
by all required parties; 
(2) the waivers, releases and retentions of 
claims described in paragraph 13.0 of the Agree-
ment and in section 108 of this Act have been exe-
VerDate Sep 11 2014 
00:32 Nov 08, 2024
Jkt 059200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
kjohnson on DSK7ZCZBW3PROD with $$_JOB
101 
cuted by the Yavapai-Apache Nation, the United 
States, and the other parties to the Agreement; 
(3) the full amount described in section 
107(a)(1)(A), as adjusted by section 107(d)(1), has 
been deposited into the Cragin-Verde Pipeline Ac-
count of the Tu´ n´lnı´choh Water Infrastructure 
Project Fund; 
(4) the full amount described in section 
107(a)(1)(B), as adjusted by section 107(d)(1), has 
been deposited into the YAN Drinking Water Sys-
tem Account of the Tu´ n´lnı´choh Water Infrastruc-
ture Project Fund; 
(5) the full amounts described in sections 
107(a)(2)(A), (B), (C), (D) and (E), as adjusted by 
section 107(d)(2), have been deposited into the 
Trust Fund; 
(6) the Arizona Department of Water Re-
sources has conditionally approved the severance and 
transfer of the right of SRP to the diversion and 
beneficial use of water under Arizona Department of 
Water Rights Certificate of Water Right No. 
3696.0002 as described in Paragraph 8.0 of the 
Agreement, in an amount not to exceed an average 
of 3,410.26 AFY, up to a maximum of 3,977.92 
acre-feet in any given Year, to the Nation and the 
VerDate Sep 11 2014 
00:32 Nov 08, 2024
Jkt 059200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
kjohnson on DSK7ZCZBW3PROD with $$_JOB
102 
United States in its capacity as trustee for the Na-
tion, and has issued a conditional certificate of water 
right to the Nation and the United States in its ca-
pacity as trustee for the Nation, to become effective 
on the Enforceability Date; 
(7) the changes in places of use and points of 
diversion for the surface water rights to the Verde 
River as described in Subparagraph 5.4 of the 
Agreement have been conditionally approved, to be-
come effective on the Enforceability Date, provided 
that the YAN, in its sole discretion, may waive this 
condition; 
(8) the Gila River Adjudication Court has in-
cluded the water right for instream flow for the Na-
tion and the United States as trustee for the Nation, 
as described in Subparagraphs 11.2 and 11.3 of the 
YAN Judgment, which substantially conforms to the 
attributes described in Exhibit 11.1B to the Agree-
ment, provided that the Nation, in its sole discre-
tion, may waive this condition; 
(9) except as otherwise provided in paragraph 
(7) and (8), the Gila River Adjudication Court has 
approved the YAN Judgment in substantially the 
same form attached as Exhibit 13.9 to the Agree-
VerDate Sep 11 2014 
00:32 Nov 08, 2024
Jkt 059200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
kjohnson on DSK7ZCZBW3PROD with $$_JOB