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<br />001746 <br /> <br />. <br /> <br />. <br /> <br />term "project reserved waters" was used as the title of section <br />4 and in the text of the section. However, that term is not <br />defined or used elsewhere in the bill. To avoid confusion. the <br />proposed amendment deletes this term, but continues to require <br />that the reserved water supplied to the Tribes from the Dolores <br />and Animas-La Plata Projects be used "in accordance with the <br />Agreement." Since the term "project reserved waters" is <br />defined and used in the Agreement, this makes it clear that <br />what the Secretary is authorized to do is to use the projects <br />to supply "project reserved water" as that term is defined in <br />the Agreement. sUbject to the terms and conditions of the <br />Agreement that apply to such "project reserved water." <br /> <br />Proposed Chanqes to Subsection 4(b) <br /> <br />The proposed changes to subsection 4(b) are merely for <br />clarification. The revised subsection means the same thing as <br />subsection 4(b) in the bill as introduced. <br /> <br />A waiver of federal reclamation laws is required by article <br />VI, section A, subsection l.c. of the Agreement. The waiver in <br />subsection 4(b) as introduced. and as it is proposed to be <br />reworded. is intended to meet the requirements of article VI. <br />while at the same time resolving an ambiguity between article <br />VI. section A. subsection 1.c and article V. section B. <br />subsection b of the Agreement. This ambiguity arises because <br />some federal reclamation laws are arguably federal laws that <br />pertain "to the Colorado River or its tributaries. including <br />the appropriation. use. development, storage. regulation. <br />allocation. conservation, exportation or quality of those <br />waters." It is the intent of the Agreement that the federal <br />laws encompassed by the quoted language. which is from article <br />V, section B. subsection b. not be waived. <br /> <br />The purpose of this subsection is to insure that project <br />reserved waters are not treated any differently, except as <br />provided for in the Agreement, than any of the Tribes' <br />non-project reserved waters (which are direct flow water rights <br />whose source does not involve any federal reclamation projects) <br />simply because a reclamation project is the source of the <br />project reserved water. This subsection would waive those <br />provisions of federal reclamation law which impose. for <br />example, project boundary, acreage, and land classification <br />limitations, or which limit leasing of water supplied from the <br />Animas-La Plata and Dolores Projects. This waiver of <br />reclamation law is intended only to result in water supplied <br />from the two projects having the same legal status as the <br />Tribes' non-project (i.e.. direct flow) reserved water rights. <br />Consequently. those reclamation laws. if any, which apply to <br />the Tribes' non-project reserved water rights are not waived by <br />this subsection and continue to apply. if at all. both to the <br />Tribes' project and non-project reserved water rights. <br /> <br />-4- <br />