203
‘‘SEC. 317. AUTHORIZED COSTS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary from the Lower Colorado 
River Basin Development Fund—
‘‘(1) to construct features of irrigation systems 
described in paragraphs (1) through (4) of section 
304(c) that are not authorized to be constructed 
under any other provision of law, an amount equal 
to the sum of—
‘‘(A) $3,500,000; and 
‘‘(B) such additional amount as the Sec-
retary determines to be necessary to adjust the 
amount under subparagraph (A) to account for 
ordinary fluctuations in the costs of construc-
tion of irrigation features for the period begin-
ning on October 12, 1982, and ending on the 
date on which the construction of the features 
described in this subparagraph is initiated, as 
indicated by engineering cost indices applicable 
to the type of construction involved; 
‘‘(2) $18,300,000 in lieu of construction to im-
plement section 304(c)(3)(B); 
‘‘(3) $891,200 to implement a water manage-
ment plan for the San Xavier Reservation under sec-
tion 308(d);
204
‘‘(4) $237,200 to implement a water manage-
ment plan for the eastern Schuk Toak District 
under section 308(d); 
‘‘(5) $4,000,000 to complete the water re-
sources study under section 311(d); 
‘‘(6) $215,000 to develop and implement a 
groundwater monitoring program for the San Xavier 
Reservation under section 311(c)(1); 
‘‘(7) $175,000 to develop and implement a 
groundwater monitoring program for the eastern 
Schuk Toak District under section 311(c)(2); 
‘‘(8) $250,000 to complete the Asarco land ex-
change study under section 311(f); and 
‘‘(9) such additional sums as are necessary to 
carry out the provisions of this title other than the 
provisions referred to in paragraphs (1) through (8). 
‘‘(b) TREATMENT OF APPROPRIATED AMOUNTS.—
Amounts made available under subsection (a) shall be con-
sidered to be authorized costs for purposes of section 
403(f)(2)(D)(iii) of the Colorado River Basin Project Act 
(43 U.S.C. 1543(f)(2)(D)(iii)) (as amended by section 
107(a) of the Arizona Water Settlements Act).’’.
205
SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLE-
MENT EFFECTIVE DATE. 
(a) DEFINITIONS.—The definitions under section 301 
of the Southern Arizona Water Rights Settlement Amend-
ments Act of 2003 (as contained in the amendment made 
by section 301) shall apply to this title. 
(b) EFFECTIVE DATE.—This title and the amend-
ments made by this title take effect as of the date on 
which the Secretary publishes in the Federal Register a 
statement of findings that—
(1)(A) to the extent that the Tohono O’odham 
settlement agreement conflicts with this title or an 
amendment made by this title, the Tohono O’odham 
settlement agreement has been revised through an 
amendment to eliminate those conflicts; and 
(B) the Tohono O’odham settlement agreement, 
as so revised, has been executed by the parties and 
the Secretary; 
(2) the Secretary and other parties to the 
agreements described in section 309(h)(2) of the 
Southern Arizona Water Rights Settlement Amend-
ments Act of 2003 (as contained in the amendment 
made by section 301) have executed those agree-
ments; 
(3) the Secretary has approved the interim al-
lottee water rights code described in section
206
308(b)(3)(A) of the Southern Arizona Water Rights 
Settlement Amendments Act of 2003 (as contained 
in the amendment made by section 301); 
(4) final dismissal with prejudice has been en-
tered in each of the Adams case, the Alvarez case, 
and the Tucson case on the sole condition that the 
Secretary publishes the findings specified in this sec-
tion; 
(5) the judgment and decree attached to the 
Tohono O’odham settlement agreement as exhibit 
17.1 has been approved by the State court having 
jurisdiction over the Gila River adjudication pro-
ceedings, and that judgment and decree have become 
final and nonappealable; 
(6) implementation costs have been identified 
and retained in the Lower Colorado River Basin De-
velopment Fund, specifically—
(A) $18,300,000 in lieu of construction to 
implement section 304(c)(3)(A)(ii); 
(B) $891,200 to implement a water man-
agement plan for the San Xavier Reservation 
under section 308(d) of the Southern Arizona 
Water Rights Settlement Amendments Act of 
2003 (as contained in the amendment made by 
section 301);
207
(C) $237,200 to implement a water man-
agement plan for the eastern Schuk Toak Dis-
trict under section 308(d) of the Southern Ari-
zona Water Rights Settlement Amendments Act 
of 2003 (as contained in the amendment made 
by section 301); 
(D) $4,000,000 to complete the water re-
sources study under section 311(d) of the 
Southern Arizona Water Rights Settlement 
Amendments Act of 2003 (as contained in the 
amendment made by section 301); 
(E) $215,000 to develop and implement a 
groundwater monitoring program for the San 
Xavier Reservation under section 311(c)(1) of 
the Southern Arizona Water Rights Settlement 
Amendments Act of 2003 (as contained in the 
amendment made by section 301); 
(F) $175,000 to develop and implement a 
groundwater monitoring program for the east-
ern 
Schuk 
Toak 
District 
under 
section 
311(c)(2) of the Southern Arizona Water 
Rights Settlement Amendments Act of 2003 (as 
contained in the amendment made by section 
301); and
208
(G) $250,000 to complete the Asarco land 
exchange study under section 311(f) of the 
Southern Arizona Water Rights Settlement 
Amendments Act of 2003 (as contained in the 
amendment made by section 301); 
(7) the State has enacted legislation that—
(A) qualifies the Nation to earn long-term 
storage credits under the Asarco agreement; 
(B) implements the San Xavier ground-
water protection program in accordance with 
paragraph 8.8 of the Tohono O’odham settle-
ment agreement; 
(C) enables the State to carry out section 
306(b); and 
(D) confirms the jurisdiction of the State 
court having jurisdiction over Gila River adju-
dication proceedings and decrees to carry out 
the provisions of sections 312(d) and 312(h) of 
the Southern Arizona Water Rights Settlement 
Amendments Act of 2003 (as contained in the 
amendment made by section 301); 
(8) the Secretary and the State have agreed to 
an acceptable firming schedule referred to in section 
105(b)(2)(C); and
209
(9) a final judgment has been entered in Cen-
tral Arizona Water Conservation District v. United 
States (No. CIV 95–625–TUC–WDB(EHC), No. 
CIV 95–1720–PHX–EHC) (Consolidated Action) in 
accordance with the repayment stipulation as pro-
vided in section 207. 
(c) FAILURE TO PUBLISH STATEMENT OF FIND-
INGS.—If the Secretary does not publish a statement of 
findings under subsection (a) by December 31, 2007—
(1) the 1982 Act shall remain in full force and 
effect; 
(2) this title shall not take effect; and 
(3) any funds made available by the State 
under this title that are not expended, together with 
any interest on those funds, shall immediately revert 
to the State. 
TITLE IV—SAN CARLOS APACHE 
TRIBE WATER RIGHTS SET-
TLEMENT
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