(19) SAN JUAN RIVER RECOVERY IMPLEMENTA-
TION PROGRAM.—The term ‘‘San Juan River Recov-
ery Implementation Program’’ means the intergov-
ernmental program established pursuant to the coop-
erative agreement dated October 21, 1992 (including 
any amendments to the program). 
(20) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior, acting through 
the Commissioner of Reclamation or any other des-
ignee. 
(21) 
STREAM
ADJUDICATION.—The 
term 
‘‘stream adjudication’’ means the general stream ad-
judication that is the subject of New Mexico v. 
United States, et al., No. 75–185 (11th Jud. Dist., 
San Juan County, New Mexico) (involving claims to 
waters of the San Juan River and the tributaries of 
that river). 
(22) TRUST FUND.—The term ‘‘Trust Fund’’ 
means the Navajo Nation Water Resources Develop-
ment Trust Fund established by section 402(a). 
SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS. 
(a) EFFECT OF EXECUTION OF AGREEMENT.—The 
execution of the Agreement under section 401(a)(2) shall 
not constitute a major Federal action under the National 
VerDate Aug 31 2005 
00:23 Apr 21, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1970.IH
H1970
mstockstill on PROD1PC66 with BILLS
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 
carrying out this Act, the Secretary shall comply with each 
law of the Federal Government relating to the protection 
of the environment, including— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
TITLE I—AMENDMENTS TO THE 
COLORADO RIVER STORAGE 
PROJECT ACT AND PUBLIC 
LAW 87–483 
SEC. 101. AMENDMENTS TO THE COLORADO RIVER STOR-
AGE PROJECT ACT. 
(a) PARTICIPATING PROJECTS.—Paragraph (2) of 
the first section of the Act of April 11, 1956 (commonly 
known as the ‘‘Colorado River Storage Project Act’’) (43 
U.S.C. 620(2)) is amended by inserting ‘‘the North-
western New Mexico Rural Water Supply Project,’’ after 
‘‘Fruitland Mesa,’’. 
(b) NAVAJO RESERVOIR WATER BANK.—The Act of 
April 11, 1956 (commonly known as the ‘‘Colorado River 
Storage Project Act’’) is amended— 
VerDate Aug 31 2005 
00:23 Apr 21, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1970.IH
H1970
mstockstill on PROD1PC66 with BILLS
(1) by redesignating section 16 (43 U.S.C. 
620o) as section 17; and 
(2) by inserting after section 15 (43 U.S.C. 
620n) the following: 
‘‘SEC. 16. (a) The Secretary of the Interior may cre-
ate and operate within the available capacity of Navajo 
Reservoir a top water bank. 
‘‘(b) Water made available for the top water bank in 
accordance with subsections (c) and (d) shall not be sub-
ject to section 11 of Public Law 87–483 (76 Stat. 99). 
‘‘(c) The top water bank authorized under subsection 
(a) shall be operated in a manner that— 
‘‘(1) is consistent with applicable law; and 
‘‘(2) does not impair the ability of the Secretary 
of the Interior to deliver water under contracts en-
tered into under— 
‘‘(A) Public Law 87–483 (76 Stat. 96); 
and 
‘‘(B) New Mexico State Engineer File Nos. 
2847, 2848, 2849, and 2917. 
‘‘(d)(1) The Secretary of the Interior, in cooperation 
with the State of New Mexico (acting through the Inter-
state Stream Commission), shall develop any terms and 
procedures for the storage, accounting, and release of 
VerDate Aug 31 2005 
00:23 Apr 21, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1970.IH
H1970
mstockstill on PROD1PC66 with BILLS
water in the top water bank that are necessary to comply 
with subsection (c). 
‘‘(2) The terms and procedures developed under para-
graph (1) shall include provisions requiring that— 
‘‘(A) the storage of banked water shall be sub-
ject to approval under State law by the New Mexico 
State Engineer to ensure that impairment of any ex-
isting water right does not occur, including storage 
of water under New Mexico State Engineer File No. 
2849; 
‘‘(B) water in the top water bank be subject to 
evaporation and other losses during storage; 
‘‘(C) water in the top water bank be released 
for delivery to the owner or assigns of the banked 
water on request of the owner, subject to reasonable 
scheduling requirements for making the release; and 
‘‘(D) water in the top water bank be the first 
water spilled or released for flood control purposes 
in anticipation of a spill, on the condition that top 
water bank water shall not be released or included 
for purposes of calculating whether a release should 
occur for purposes of satisfying releases required 
under the San Juan River Recovery Implementation 
Program. 
VerDate Aug 31 2005 
00:23 Apr 21, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1970.IH
H1970
mstockstill on PROD1PC66 with BILLS