priated to the Bureau of Indian Affairs to carry 
out paragraph (1) $5,000,000 for the period of 
fiscal years 2008 through 2013. 
(B) ADJUSTMENT.—The amounts made 
available under subparagraph (A) shall be ad-
justed by such amounts as are necessary to ac-
count for increases in the costs of preparing a 
hydrographic survey after January 1, 2004, as 
determined using cost indices applicable to the 
types of technical and engineering work in-
volved in preparing the hydrographic survey. 
(C) 
NONREIMBURSABLE
EXPENDI-
TURES.—Any amounts made available under 
this paragraph shall be nonreimbursable to the 
United States. 
(f) NULLIFICATION.— 
(1) DEADLINES.— 
(A) IN
GENERAL.—In carrying out this 
section, the following deadlines apply with re-
spect to implementation of the Agreement: 
(i) AGREEMENT.—Not later than De-
cember 31, 2008, the Secretary shall exe-
cute the Agreement. 
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(ii) CONTRACT.—Not later than De-
cember 31, 2009, the Secretary and the 
Nation shall execute the Contract. 
(iii) PARTIAL
FINAL
DECREE.—Not 
later than December 31, 2012, the court in 
the stream adjudication shall have entered 
the Partial Final Decree described in para-
graph 3.0 of the Agreement. 
(iv) HYDROGRAPHIC
SURVEY.—Not 
later than December 31, 2013, the Sec-
retary shall complete the hydrographic sur-
vey described in subsection (e). 
(v) FRUITLAND-CAMBRIDGE
IRRIGA-
TION PROJECT.—Not later than December 
31, 2014, the rehabilitation construction of 
the Fruitland-Cambridge Irrigation Project 
authorized under section 307(a)(1) shall be 
completed. 
(vi) SUPPLEMENTAL
PARTIAL
FINAL 
DECREE.—Not later than December 31, 
2015, the court in the stream adjudication 
shall enter the Supplemental Partial Final 
Decree described in subparagraph 4.0 of 
the Agreement. 
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(vii) 
HOGBACK-CUDEI
IRRIGATION 
PROJECT.—Not later than December 31, 
2017, the rehabilitation construction of the 
Hogback-Cudei Irrigation Project author-
ized under section 307(a)(2) shall be com-
pleted. 
(viii) TRUST FUND.—Not later than 
December 31, 2018, the United States 
shall make all deposits into the Trust 
Fund under section 402. 
(ix) NORTHWESTERN
NEW
MEXICO 
RURAL
WATER
SUPPLY
PROJECT.—Not 
later than December 31, 2022, the con-
struction of all Project facilities shall be 
completed. 
(x) CONJUNCTIVE WELLS.—Not later 
than December 31, 2018, the funds au-
thorized to be appropriated under section 
308(b)(1) for the conjunctive use wells au-
thorized under section 306(b) should be 
appropriated. 
(B) EXTENSION.—A deadline described in 
subparagraph (A) may be extended if the Na-
tion, the United States (acting through the Sec-
retary), and the State of New Mexico (acting 
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through the New Mexico Interstate Stream 
Commission) agree that an extension is reason-
ably necessary. 
(2) REVOCABILITY OF AGREEMENT, CONTRACT 
AND AUTHORIZATIONS.— 
(A) PETITION.—If the Nation determines 
that a deadline described in paragraph (1)(A) is 
not substantially met, the Nation may submit 
to the court in the stream adjudication a peti-
tion to enter an order terminating the Agree-
ment and Contract. 
(B) TERMINATION.—On issuance of an 
order to terminate the Agreement and Contract 
under subparagraph (A)— 
(i) the Trust Fund shall be termi-
nated; 
(ii) the balance of the Trust Fund 
shall be deposited in the general fund of 
the Treasury; 
(iii) the authorizations for construc-
tion and rehabilitation of water projects 
under this Act shall be revoked and any 
Federal activity related to that construc-
tion and rehabilitation shall be suspended; 
and 
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(iv) this title and titles I and III shall 
be null and void. 
(3) CONDITIONS NOT CAUSING NULLIFICATION 
OF SETTLEMENT.— 
(A) IN GENERAL.—If a condition described 
in subparagraph (B) occurs, the Agreement and 
Contract shall not be nullified or terminated. 
(B) CONDITIONS.—The conditions referred 
to in subparagraph (A) are as follows: 
(i) A lack of right to divert at the ca-
pacities of conjunctive use wells con-
structed or rehabilitated under section 
306. 
(ii) A failure— 
(I) to determine or resolve an ac-
counting of the use of water under 
this Act in the State of Arizona; 
(II) to obtain a necessary water 
right for the consumptive use of water 
in Arizona; 
(III) to contract for the delivery 
of water for use in Arizona; or 
(IV) to construct and operate a 
lateral facility to deliver water to a 
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community of the Nation in Arizona, 
under the Project. 
(4) RIGHTS OF THE NATION.—A tribal right 
under the Contract, a water right adjudicated con-
sistent with the Contract in the stream adjudication 
by the Partial Final Decree described in paragraph 
3.0 of the Agreement, and any other tribal water 
right stipulated, adjudicated, or decreed as described 
in the Agreement and this Act shall be held in trust 
by the United States in perpetuity for the benefit of 
the Nation. 
(g) EFFECT ON RIGHTS OF INDIAN TRIBES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in the Agreement, the Contract, 
or this section quantifies or adversely affects the 
land and water rights, or claims or entitlements to 
water, of any Indian tribe or community other than 
the rights, claims, or entitlements of the Nation in, 
to, and from the San Juan River Basin in the State 
of New Mexico. 
(2) EXCEPTION.—The right of the Nation to 
use water under water rights the Nation has in 
other river basins in the State of New Mexico shall 
be forborne to the extent that the Nation supplies 
the uses for which the water rights exist by diver-
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