261 
(5) the Treaty between the United States of 
America and Mexico, done at Washington, February 
3, 1944 (59 Stat. 1219); 
(6) the Colorado River Compact; 
(7) the Upper Colorado River Basin Compact of 
1948; 
(8) the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 991); 
(9) case law relating to Water Rights in the 
Colorado River System other than any case to en-
force the Settlement Agreement or this Act; or 
(10) the Navajo-Hopi Land Dispute Settlement 
Act of 1996 (Public Law 104–301; 110 Stat. 3649). 
(e) NO PRECEDENT.— 
(1) COLORADO RIVER SYSTEM WATER.—Noth-
ing in this Act establishes a precedent for any type 
of transfer of Colorado River System water between 
the Upper Basin and the Lower Basin, including the 
leasing of Upper Basin water in the Lower Basin. 
(2) FEDERAL RESERVED WATER RIGHTS OR IN-
DIAN WATER CLAIMS.—Nothing in the Settlement 
Agreement or this Act (including paragraph 13 of 
the Settlement Agreement and section 14) estab-
lishes any standard or precedent for the quantifica-
tion, litigation, or settlement of Federal reserved 
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water rights or any Indian water claims of any In-
dian Tribes other than the Tribes in any judicial or 
administrative proceeding. 
(f) UNIQUE SITUATION.— 
(1) IN GENERAL.—Diversions through the iina´ 
ba´ – paa tuwaqat’si pipeline and the Navajo-Gallup 
Water Supply Project facilities consistent with this 
Act address critical Tribal and non-Indian water 
supply needs under unique circumstances, which in-
clude, among other things— 
(A) the intent to benefit a number of In-
dian Tribes; 
(B) the Navajo Nation’s location in the 
Upper Basin and the Lower Basin; 
(C) the intent to address critical Indian 
and non-Indian water needs in the State; 
(D) the lack of other reasonable alter-
natives available for developing a firm, sustain-
able supply of municipal water for the Navajo 
Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe in the State; 
(E) the unique geological and hydrological 
features of the relevant watersheds, including 
aquifers; and 
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263 
(F) the limited volume of water to be di-
verted by the iina´ ba´ – paa tuwaqat’si pipeline 
and Navajo-Gallup Water Supply Project to 
supply municipal Uses in the State. 
(2) ARIZONA UPPER BASIN COLORADO RIVER 
WATER.—The Use of Arizona Upper Basin Colorado 
River Water in the Lower Basin in the State is con-
sistent with this Act and is authorized under unique 
circumstances, which include, among other things— 
(A) that the Uses are included in a con-
gressionally approved Indian water rights settle-
ment; 
(B) that the Navajo Nation is located in 
both the Upper Basin and the Lower Basin; 
(C) the unavailability and unreliability of 
Central Arizona Project Non-Indian Agricul-
tural water available for the Tribes to lease due 
to shortages in the Lower Basin of the Colo-
rado River; and 
(D) the intent of Congress to supplement 
the Federal funds available to the Tribes with 
the revenue generated by leasing as authorized 
under section 7. 
(g) EFFICIENT USE.—The diversions and Uses au-
thorized for the iina´ ba´ – paa tuwaqat’si pipeline under 
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264 
this Act represent unique and efficient Uses of Colorado 
River apportionments in a manner that Congress has de-
termined would be consistent with the obligations of the 
United States to the Navajo Nation and the Hopi Tribe. 
(h) PRESERVATION OF EXISTING RIGHTS.— 
(1) IN GENERAL.—Rights to the consumptive 
use of water apportioned to the Upper Division 
States and the State from the Colorado River Sys-
tem under the Colorado River Compact and the 
Upper Colorado River Basin Compact of 1948, and 
rights to the consumptive use of water available for 
use in the Lower Basin under the Colorado River 
Compact and the Decree, shall not be changed or 
prejudiced by any use of water pursuant to this Act. 
(2) SAVINGS
PROVISION.—Nothing in this 
Act— 
(A) adversely affects full development and 
utilization by the State or any State of the 
Upper Division of the Colorado River Basin of 
its respective apportionment under the Colorado 
River Compact or the Upper Colorado River 
Basin Compact of 1948; 
(B) impairs, conflicts with, or otherwise 
changes the duties and powers of the Upper 
Colorado River Commission; or 
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265 
(C) waives, impairs, or otherwise modifies 
the rights of California and Nevada under the 
Colorado River Compact, the Boulder Canyon 
Project Act, or the Decree. 
(i) CONSENSUS.—Congress notes the consensus of 
the Governors’ Representatives of the Colorado River 
Basin States relating to the diversions, accounting, and 
leasing authorized under this Act. 
(j) NO EFFECT ON ENFORCEMENT OF ENVIRON-
MENTAL LAWS.—Nothing in this Act precludes the United 
States acting as sovereign, the Navajo Nation, the Hopi 
Tribe, or the San Juan Southern Paiute Tribe from en-
forcing the requirements of— 
(1) Federal environmental laws, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) (including claims 
for damages to natural resources); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) (commonly known as the 
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