Colorado River accounting

(a) Accounting for the type of water delivered (1) Navajo Nation Cibola Water; Navajo Nation Fourth Priority Water All deliveries of Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water effected by the diversion of water from the Colorado River above Lee Ferry within the State shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water and credited as water passing Lee Ferry for purposes of article III(d) of the Colorado River Compact. (2) Hopi Tribe Cibola Water All deliveries of Hopi Tribe Cibola Water effected by the diversion of water from the Colorado River above Lee Ferry within the State shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water and credited as water passing Lee Ferry for purposes of article III(d) of the Colorado River Compact. (3) Navajo Nation Upper Basin Colorado River Water Subject to subsections (g) and (h) of section 6, all deliveries of Navajo Nation Upper Basin Colorado River Water effected by diversion of water from the Upper Basin in the State, New Mexico, or Utah for Use on the Navajo Reservation shall be— (A) used within the boundaries of the Navajo Reservation or outside of the Navajo Reservation if conveyed from facilities that are physically connected to facilities on the Navajo Reservation, as described in paragraph 4.18.6 of the Settlement Agreement; and (B) accounted for as deliveries of Arizona Upper Basin Colorado River Water. (4) Hopi Tribe Upper Basin Colorado River Water All deliveries of Hopi Tribe Upper Basin Colorado River Water effected by diversion of water from the Upper Basin in the State for Use on the Hopi Reservation shall be— (A) used within the boundaries of the Hopi Reservation or outside of the Hopi Reservation if conveyed from facilities that are physically connected to facilities on the Hopi Reservation, as described in paragraph 5.15.6 of the Settlement Agreement; and (B) accounted for as deliveries of Arizona Upper Basin Colorado River Water. (5) Arizona Upper Basin Colorado River Water All deliveries of Arizona Upper Basin Colorado River Water apportioned to and leased by the Navajo Nation or the Hopi Tribe, whether effected by a diversion of water from the Upper Basin or the Lower Basin, shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water, subject to the conditions that if the point of diversion is from the Colorado River below Lee Ferry— (A) the amount of water to be delivered at Lee Ferry under such a lease or exchange shall not exceed the amount of Navajo Nation Upper Basin Colorado River Water or Hopi Tribe Upper Basin Colorado River Water leased or exchanged; (B) the associated amount of Upper Basin Colorado River Water delivery actually made from the Upper Basin at Lee Ferry to satisfy the lease or exchange shall not be credited as water passing Lee Ferry for purposes of article III(d) of the Colorado River Compact; and (C) the water shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water. (6) Arizona Lower Basin Colorado River Water All deliveries of Arizona Lower Basin Colorado River Water apportioned to and leased by the Navajo Nation or the Hopi Tribe, whether effected by a diversion of water from the Upper Basin or the Lower Basin, shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water to the Navajo Nation or the Hopi Tribe, subject to the condition that if the point of diversion is from the Colorado River above Lee Ferry within the State the amount of water diverted by a lessee or exchange partner shall be credited as water passing Lee Ferry for purposes of article III(d) of the Colorado River Compact. (b) Special accounting rules for lower basin Colorado river water as lower basin use in Arizona, regardless of point of diversion Notwithstanding section 10603(c)(2)(A) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1384), all Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water delivered to and consumptively used by the Navajo Nation, the Hopi Tribe, or their lessees or exchange partners pursuant to the Settlement Agreement shall be— (1) credited as water reaching Lee Ferry pursuant to article III(d) of the Colorado River Compact; (2) charged against the consumptive use apportionment made to the Lower Basin by article III(a) of the Colorado River Compact; and (3) accounted for as part of and charged against the 2,800,000 acre-feet of Colorado River Water apportioned to the State in paragraph II(B)(1) of the Decree. (c) Additional conditions for use of colorado river water (1) In general No Navajo Nation Upper Basin Colorado River Water or Hopi Tribe Upper Basin Colorado River Water may be delivered in the Lower Basin in the State and no Navajo Nation Fourth Priority Water, Navajo Nation Cibola Water, or Hopi Tribe Cibola Water may be diverted in the Upper Basin until such time as the Secretary has developed and, as necessary and appropriate, modified, in consultation with the State and the Upper Colorado River Commission and the Governors’ representatives of the Colorado River Basin States, all operational and decisional criteria, policies, contracts, guidelines, or other documents that control the operations of the Colorado River System reservoirs and diversion works, so as to adjust, provide for, account for, and offset the diversion of Arizona Colorado River Water, subject to the conditions that— (A) all such actions shall be consistent with the provisions of section 10603(c) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1384) and this Act; and (B) the development of or modifications to criteria, policies, contracts, guidelines, or other documents made pursuant to this subsection shall be applicable only for the duration of any such diversion or delivery pursuant to the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1367) or this Act. (2) Required provisions The following are required provisions to be included in any criteria, policy, contract, guideline, or other document described in paragraph (1): (A) Arizona Upper Basin Colorado River Water Arizona Upper Basin Colorado River Water released at Glen Canyon Dam for water delivery from the Colorado River mainstream below Glen Canyon Dam— (i) shall only be used within the State; (ii) shall be subject to all actual conveyance, evaporation, and other losses between Glen Canyon Dam and the point of diversion; (iii) shall be fully delivered prior to the end of the year in which it is ordered; (iv) shall not be greater than the Arizona Upper Basin Colorado River Water minus all other consumptive uses of Arizona Upper Basin Colorado River Water using the average annual consumptive uses based on the previous 5 years; (v) for the first 20 years after the Enforceability Date, shall not exceed 17,050 AFY; (vi) after the first 20 years after the Enforceability Date, shall not exceed 47,000 AFY, minus any Navajo Nation Upper Basin Colorado River Water diverted from the San Juan River upstream from Lake Powell and all other consumptive uses of Navajo Nation Upper Basin Colorado River Water and Hopi Tribe Upper Basin Colorado River Water using the average annual consumptive uses based on the previous 5 years; (vii) shall be released from Lake Powell in addition to the releases of water that would have otherwise occurred under any operating criteria or guidelines governing releases from Lake Powell; and (viii) for purposes of meeting the requirements of article III(d) of the Colorado River Compact, shall not be counted as water flowing by Lee Ferry. (B) Arizona Lower Basin Colorado River Water Arizona Lower Basin Colorado River Water diverted in the Upper Basin in the State— (i) shall only be used within the State; (ii) shall be fully delivered prior to the end of the year for which it is ordered; (iii) shall not be stored in Lake Powell or otherwise carried over from one water year to any subsequent water year; (iv) shall be subject to reduction in any year in which a shortage is declared to the same extent as other Arizona Lower Basin Colorado River Water of the same priority; and (v) shall reduce the amount of Arizona Lower Basin Colorado River Water that would otherwise be released from Lake Powell under any operating criteria or guidelines.