nance of the Project that are located within the 
corporate boundaries of the City; and 
(B) the Nation the facilities and any land 
or interests in land acquired by the United 
States for the construction, operation, and 
maintenance of the Project that are located out-
side the corporate boundaries of the City. 
(3) EFFECT OF CONVEYANCE.—The conveyance 
of each Project facility shall not affect the applica-
tion of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) relating to the use of the water 
associated with the Project. 
(4) NOTICE OF PROPOSED CONVEYANCE.—Not 
later than 45 days before the date of a proposed 
conveyance of any Project facility, the Secretary 
shall submit to the Committee on Resources of the 
House of Representatives and to the Committee on 
Energy and Natural Resources of the Senate notice 
of the conveyance of each Project facility. 
(g) COLORADO RIVER STORAGE PROJECT POWER.— 
The conveyance of Project facilities under subsection (f) 
shall not affect the availability of Colorado River Storage 
Project power to the Project under subsection (e). 
(h) REGIONAL USE OF PROJECT FACILITIES.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
Project facilities constructed under subsection (b) 
may be used to treat and convey non-Project water 
or water that is not allocated by subsection 303(b) 
if— 
(A) capacity is available without impairing 
any water delivery to a Project Participant; and 
(B) the unallocated or non-Project water 
beneficiary— 
(i) has the right to use the water; 
(ii) agrees to pay the operation, main-
tenance, and replacement costs assignable 
to the beneficiary for the use of the Project 
facilities; and 
(iii) agrees to pay a fee established by 
the Secretary to assist in the recovery of 
any capital cost relating to that use. 
(2) EFFECT OF PAYMENTS.—Any payments to 
the United States or the Nation for the use of un-
used capacity under this subsection or for water 
under any subcontract with the Nation or the 
Jicarilla Apache Nation shall not alter the construc-
tion repayment requirements or the operation, main-
tenance, and replacement payment requirements of 
the Project Participants. 
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SEC. 303. DELIVERY AND USE OF NORTHWESTERN NEW 
MEXICO RURAL WATER SUPPLY PROJECT 
WATER. 
(a) USE OF PROJECT WATER.— 
(1) IN GENERAL.—In accordance with this Act 
and other applicable law, water supply from the 
Project shall be used for municipal, industrial, com-
mercial, domestic, and stock watering purposes. 
(2) USE ON CERTAIN LAND.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Nation may use Project water 
allocations on— 
(i) land held by the United States in 
trust for the Nation and members of the 
Nation; and 
(ii) land held in fee by the Nation. 
(B) TRANSFER.—The Nation may transfer 
the purposes and places of use of the allocated 
water in accordance with the Agreement and 
applicable law. 
(3) HYDROELECTRIC
POWER.—Hydroelectric 
power may be generated as an incident to the deliv-
ery of Project water under paragraph (1). 
(4) STORAGE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), any water contracted for delivery 
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