AUTHORIZATION OF CONJUNCTIVE USE WELLS.

SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.(a) Conjunctive Groundwater Development Plan.—Not later than 1 year after the date of enactment of this Act, the 123 STAT. 1393 Nation, in consultation with the Secretary, shall complete a conjunctive groundwater development plan for the wells described in subsections (b) and (c).(b) Wells in the San Juan River Basin.—In 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 Mexico for municipal and domestic uses.(c) Wells in the Little Colorado and Rio Grande Basins.—(1) In general.—In accordance with the Project and conjunctive groundwater development plan for the Nation, the Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of—(A) not more than 680 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 Arizona.(2) Use.—Groundwater diverted and distributed under paragraph (1) shall be used for municipal and domestic uses.(d) Acquisition of Land.—(1) In general.—Except as provided in paragraph (2), the Secretary may acquire any land or interest in land that is necessary for the construction, operation, and maintenance of the wells and related pipeline facilities authorized under subsections (b) and (c).(2) Limitation.—Nothing in this subsection authorizes the Secretary to condemn water rights for the purposes described in paragraph (1).(e) Condition.—The Secretary shall not commence any construction activity relating to the wells described in subsections (b) and (c) until the Secretary executes the Agreement.(f) Conveyance of Wells.—(1) In general.—On 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) Operation, 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) Subsequent assumption by nation.—On completion 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 conveyed.123 STAT. 1394(3) Effect of conveyance.—The conveyance of title to the Nation of the conjunctive use wells under paragraph (1) shall not affect the application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(g) Use of Project Facilities.—The capacities of the treatment facilities, main pipelines, and lateral pipelines of the Project authorized by section 10602(b) may be used to treat and convey groundwater to Nation communities if the Nation provides for payment of the operation, maintenance, and replacement costs associated with the use of the facilities or pipelines.(h) Limitations.—The diversion and use of groundwater by wells constructed or rehabilitated under this section shall be made in a manner consistent with applicable Federal and State law.