118 STAT. 3490 PUBLIC LAW 108–451—DEC. 10, 2004 (T) 250 acre-feet shall be reallocated to the Valley Utilities Water Company. (2) SUBCONTRACTS.— (A) IN GENERAL.—As soon as practicable after the date of enactment of this Act, and in accordance with paragraphs (1) and (2) of subsection (d) and any other applicable Fed- eral laws, the Secretary shall offer to enter into sub- contracts for the delivery of the uncontracted municipal and industrial water reallocated under paragraph (1). (B) REVISED RECOMMENDATION.—If the Secretary is precluded under applicable Federal law from entering into a subcontract with an entity identified in paragraph (1), the Secretary shall— (i) request a revised recommendation from the Director; and (ii) on receipt of a recommendation under clause (i), reallocate and enter into a subcontract for the delivery of the water in accordance with subparagraph (A). (c) LIMITATIONS.— (1) AMOUNT.— (A) IN GENERAL.—The total amount of entitlements under long-term contracts (as defined in the repayment stipulation) for the delivery of Central Arizona Project water in the State shall not exceed 1,415,000 acre-feet, of which— (i) 650,724 acre-feet shall be— (I) under contract to Arizona Indian tribes; or (II) available to the Secretary for allocation to Arizona Indian tribes; and (ii) 764,276 acre-feet shall be under contract or available for allocation to— (I) non-Indian municipal and industrial enti- ties; (II) the Arizona Department of Water Resources; and (III) non-Indian agricultural entities. (B) EXCEPTION.—Subparagraph (A) shall not apply to Central Arizona Project water delivered to water users in Arizona in exchange for Gila River water used in New Mexico as provided in section 304 of the Colorado River Basin Project Act (43 U.S.C. 1524) (as amended by section 212). (2) TRANSFER.— (A) IN GENERAL.—Except pursuant to the master agree- ment, Central Arizona Project water may not be transferred from— (i) a use authorized under paragraph (1)(A)(i) to a use authorized under paragraph (1)(A)(ii); or (ii) a use authorized under paragraph (1)(A)(ii) to a use authorized under paragraph (1)(A)(i). (B) EXCEPTIONS.— (i) LEASES.—A lease of Central Arizona Project water by an Arizona Indian tribe to an entity described in paragraph (1)(A)(ii) under an Indian water rights settlement approved by an Act of Congress shall not VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00024 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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