SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT EFFECTIVE DATE.

SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT EFFECTIVE DATE.(a) Definitions.—The definitions under section 301 of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301) shall apply to this title.(b) Effective Date.—This title and the amendments made by this title take effect as of the enforceability date, which is the date the Secretary publishes in the Federal Register a statement of findings that—(1)(A) to the extent that the Tohono O’odham settlement agreement conflicts with this title or an amendment made by this title, the Tohono O’odham settlement agreement has been revised through an amendment to eliminate those conflicts; and(B) the Tohono O’odham settlement agreement, as so revised, has been executed by the parties and the Secretary;(2) the Secretary and other parties to the agreements described in section 309(h)(2) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301) have executed those agreements;(3) the Secretary has approved the interim allottee water rights code described in section 308(b)(3)(A) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(4) final dismissal with prejudice has been entered in each of the Alvarez case and the Tucson case on the sole condition that the Secretary publishes the findings specified in this section;(5) the judgment and decree attached to the Tohono O’odham settlement agreement as exhibit 17.1 has been approved by the State court having jurisdiction over the Gila 118 STAT. 3572 River adjudication proceedings, and that judgment and decree have become final and nonappealable;(6) implementation costs have been identified and retained in the Lower Colorado River Basin Development Fund, specifically—(A) $18,300,000 to implement section 304(c)(3);(B) $891,200 to implement a water management plan for the San Xavier Reservation under section 308(d) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(C) $237,200 to implement a water management plan for the eastern Schuk Toak District under section 308(d) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(D) $4,000,000 to complete the water resources study under section 311(d) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(E) $215,000 to develop and implement a groundwater monitoring program for the San Xavier Reservation under section 311(c)(1) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(F) $175,000 to develop and implement a groundwater monitoring program for the eastern Schuk Toak District under section 311(c)(2) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301); and(G) $250,000 to complete the Asarco land exchange study under section 311(f) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(7) the State has enacted legislation that—(A) qualifies the Nation to earn long-term storage credits under the Asarco agreement;(B) implements the San Xavier groundwater protection program in accordance with paragraph 8.8 of the Tohono O’odham settlement agreement;(C) enables the State to carry out section 306(b); and(D) confirms the jurisdiction of the State court having jurisdiction over Gila River adjudication proceedings and decrees to carry out the provisions of sections 312(d) and 312(h) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (as contained in the amendment made by section 301);(8) the Secretary and the State have agreed to an acceptable firming schedule referred to in section 105(b)(2)(C); and(9) a final judgment has been entered in Central Arizona Water Conservation District v. United States (No. CIV 95–625–TUC–WDB(EHC), No. CIV 95–1720–PHX–EHC) (Consolidated Action) in accordance with the repayment stipulation as provided in section 207.(c) Failure To Publish Statement of Findings.—If the Secretary does not publish a statement of findings under subsection (a) by December 31, 2007—118 STAT. 3573 (1) the 1982 Act shall remain in full force and effect;(2) this title shall not take effect; and(3) any funds made available by the State under this title that are not expended, together with any interest on those funds, shall immediately revert to the State.