123STA T . 13 9 3 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Nation, in c on sul tation w it h th eS ec r etar y , shall co mp lete a con j unc - ti v e g roun d water development plan f or the wells descri b ed in sub- sections ( b ) and (c) . (b) WEL L SINTH ES A N JU AN R I V E RB ASIN. —I n accordance with the conjunctive groundwater development plan, the Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of not more than 1 , 670 acre-feet of groundwater in the San Juan River Basin in the State of New M e x ico for municipal and domestic uses. (c) WELLS IN THE L ITTLE CO LORA D O AND RIO G RANDE BASINS.— (1) IN G ENERAL.—In accordance with the P roject and conjunctive groundwater development plan for the Nation, the Secretary may construct or rehabilitate wells and related pipe- line facilities to provide capacity for the diversion and distribu- tion of— ( A ) not more than 6 8 0 acre-feet of groundwater in the Little Colorado River Basin in the State of New Mexico
(B) not more than 80 acre-feet of groundwater in the Rio Grande Basin in the State of New Mexico; and (C) not more than 770 acre-feet of groundwater in the Little Colorado River Basin in the State of Ari z ona. ( 2 ) U SE.—Groundwater diverted and distributed under paragraph (1) shall be used for municipal and domestic uses. (d) A CQ UISITION O F LAND.— (1) IN GENERAL.— E xcept as provided in paragraph (2), the Secretary may ac q uire any land or interest in land that is necessary for the construction, operation, and maintenance of the wells and related pipeline facilities authorized under sub- sections (b) and (c). (2) LI M ITATION.—Nothing in this subsection authorizes the Secretary to condemn water rights for the purposes described in paragraph (1). (e) CONDITION.— T he Secretary shall not commence any construction activity relating to the wells described in subsections (b) and (c) until the Secretary executes the Agreement. (f) CONVE Y ANCE OF WELLS.— (1) IN GENERAL.— O n the determination of the Secretary that the wells and related facilities are substantially complete and delivery of water generated by the wells can be made to the Nation, an agreement with the Nation shall be entered into, to convey to the Nation title to— (A) any well or related pipeline facility constructed or rehabilitated under subsections (a) and (b) after the wells and related facilities have been completed; and (B) any land or interest in land acquired by the United States for the construction, operation, and maintenance of the well or related pipeline facility. (2) O P ERATION, MAINTENANCE, AND REPLACEMENT.— (A) IN GENERAL.—The Secretary is authorized to pay operation and maintenance costs for the wells and related pipeline facilities authorized under this subsection until title to the facilities is conveyed to the Nation. (B) SU B SEQUENT ASSUMPTION BY NATION.—On comple- tion of a conveyance of title under paragraph (1), the Nation shall assume all responsibility for the operation and maintenance of the well or related pipeline facility con- veyed. Payments.D ete r m i nati o n. C ontra c ts.
