Authorization for use of Navajo-Gallup Water Supply Project facilities

(a) Navajo nation upper basin colorado river water for use in the state (1) In general In addition to the 6,411 AFY of Project water described in section 6(g)(1)(B), the Secretary is authorized to treat, store, and convey up to 12,000 AFY of Navajo Nation Upper Basin Colorado River Water as non-Project water, subject to section 10602(h)(1) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1382) and section 6(g) for Use in the areas of the State described in section 6(g)(1)(D), utilizing Navajo-Gallup Water Supply Project facilities described in section 10602(b) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1379) (referred to in this section as the Project facilities). (2) Limitation Nothing in this section authorizes the Secretary to extend the Navajo-Gallup Water Supply Project within the State, except as authorized by the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1367), subject to the condition that non-Project facilities may be constructed, in whole or in part, by the Navajo Nation using amounts in the Navajo Nation Water Projects Trust Fund Account. (b) Increase in capacity authorized (1) In general The authorized capacity of the Navajo Gallup Water Supply Project described in section 10603(b) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1383) may be increased by up to 12,000 AFY to allow for Use of Navajo Nation Upper Basin Colorado River Water in accordance with subsection (a)(1). (2) Cost of increased capacity Any costs associated with constructing and operating the increased capacity authorized by paragraph (1) shall be solely borne by the Navajo Nation. (c) Conveyance of Navajo Nation Upper Basin Colorado River Water to the State Treatment, storage, and conveyance of the water described in subsection (a)(1) shall be subject to the following requirements and limitations: (1) Impacts to Navajo-Gallup Water Supply Project (A) Deadline Any extension to the deadline for completion of the Navajo-Gallup Water Supply Project, as described in section 10701(e)(1)(A)(ix) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1400), required due to efforts associated with delivering Navajo Nation Upper Basin Colorado River Water to the State in accordance with subsection (a)(1) shall require agreement of the Nation, State of New Mexico, and the Secretary as described in section 10701(e)(1)(B) of that Act (Public Law 111–11; 123 Stat. 1400). (B) Protections for Project Participants The Use of Project facilities for non-Project water as provided under this section shall comply with the requirements of section 10602(h)(1) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1382) and this section. (2) Approval of final design to increase capacity As long as the Bureau retains title to the Project facilities that will supply water to areas in the State under this Act, the Navajo Nation shall— (A) obtain approval in writing from the Commissioner of Reclamation for the final design of the connection and related facilities needed to connect the extension from the San Juan Lateral, including sublaterals and turnouts; and (B) coordinate construction of the connection and related facilities with the Commissioner of Reclamation. (3) Funding The funding described in the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1367) for the Navajo-Gallup Water Supply Project shall not be used to design, plan, construct, operate, maintain, or repair any Project infrastructure in the State of New Mexico or the State to treat, store, and convey the 12,000 AFY of Navajo Nation Upper Basin Colorado River Water to the State in accordance with subsection (a)(1).