118 STAT. 3554 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(i) IN GENERAL.—Subject to clause (ii), all or any portion of the 3,200 acre-feet of water not pumped under subparagraph (A) in a year— ‘‘(I) may be withdrawn in a subsequent year; and ‘‘(II) if any of that water is withdrawn, shall be accounted for in accordance with the Tohono O’odham settlement agreement as a debit to the deferred pumping storage account. ‘‘(ii) LIMITATION.—The quantity of water author- ized to be recovered as deferred pumping storage credits under this subparagraph shall not exceed— ‘‘(I) 16,000 acre-feet for any 10-year period; or ‘‘(II) 3,200 acre-feet in any year. ‘‘(C) RECOVERY OF ADDITIONAL WATER.—In addition to the quantity of groundwater authorized to be pumped under subparagraphs (A) and (B), the Nation may annually recover within the eastern Schuk Toak District all or a portion of the credits for water stored under a project described in subsection (e). ‘‘(3) INABILITY TO RECOVER GROUNDWATER.— ‘‘(A) IN GENERAL.—The authorizations to pump ground- water in paragraphs (1) and (2) neither warrant nor guar- antee that the groundwater— ‘‘(i) physically exists; or ‘‘(ii) is recoverable. ‘‘(B) CLAIMS.—With respect to groundwater described in subparagraph (A)— ‘‘(i) subject to paragraph 8.8 of the Tohono O’odham settlement agreement, the inability of any person to pump or recover that groundwater shall not be the basis for any claim by the United States or the Nation against any person or entity withdrawing or using the water from any common supply; and ‘‘(ii) the United States and the Nation shall be barred from asserting any and all claims for reserved water rights with respect to that groundwater. ‘‘(g) EXEMPT WELLS.—Any groundwater pumped from an exempt well located within the San Xavier Reservation or the eastern Schuk Toak District shall be exempt from all pumping limitations under this title. ‘‘(h) INABILITY OF SECRETARY TO DELIVER WATER.—The Nation is authorized to pump additional groundwater in any year in which the Secretary is unable to deliver water required to carry out sections 304(a) and 306(a) in accordance with the Tohono O’odham settlement agreement. ‘‘(i) PAYMENT OF COMPENSATION.—Nothing in this section affects any obligation of the Secretary to pay compensation in accordance with section 305(d). ‘‘SEC. 309. USES OF WATER. ‘‘(a) PERMISSIBLE USES.—Subject to other provisions of this section and other applicable law, the Nation may devote all water supplies granted or confirmed under this title, whether delivered by the Secretary or pumped by the Nation, to any use (including any agricultural, municipal, domestic, industrial, commercial, VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00088 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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