article: SECTION 1. AMENDMENTS RELATED TO SUPPLEMENTAL WATER SUPPLY AND FUNDING. (a) Supplemental Water Supply.--Section 106(a) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000) is amended to read as follows: ``(a) Obligation To Arrange for Development of Water for Bands and Local Entities.-- ``(1) To provide a supplemental water supply for the benefit of the Bands and the local entities, subject to the provisions of the settlement agreement, the Secretary shall-- ``(A) arrange for the development of not more than 16,000 acre-feet per year of supplemental water from public lands within the boundaries of the State of California outside the service area of the Central Valley Project; ``(B) obtain not more than 16,000 acre-feet per year either from water conserved by the works authorized in title II, or through contract with the Metropolitan Water District of Southern California; or ``(C) construct that portion of the works authorized in title II that is necessary to conserve 16,000 acre-feet of water per year, and arrange to deliver such water to the Bands and the local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. ``(2) Except as provided in subsection (d)(3), the right to the 16,000 acre-feet of water per year provided pursuant to paragraph (1) shall be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority and shall be subject to the provisions of this title and of the settlement agreement governing the use and disposition of supplemental water. The use of such water shall not be subject to the provisions of section 204. Nothing in this section or any other provision of this title shall authorize the construction of any new dams, reservoirs, or surface water storage facilities.''. (b) Authorization of Appropriations.--Section 106(d) of such Act is amended to read as follows: ``(d) Cost of Developing and Delivering Water.-- ``(1) Use of federal funds.--There are authorized to be appropriated such funds as may be necessary to construct that portion of the works authorized in title II that is necessary to conserve 16,000 acre-feet of water per year. Neither the costs of delivering supplemental water nor the costs of operating, maintaining, and replacing the works necessary to conserve 16,000 acre-feet of water per year once those works have been constructed shall be borne by the United States, and no Federal appropriations are authorized for those purposes. ``(2) Operation and maintenance determination.--The Secretary shall determine the impact of the works constructed pursuant to subsection (a)(1)(C) on the cost of operation and maintenance and the existing regulating and storage capacity of the All American Canal and its Coachella Branch. If the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. ``(3) Obligation to maintain conservation provided by works.--The right to 16,000 acre-feet of water per year obtained by the construction of the works described in subsection (a)(1)(C), although perpetual in nature, is subject to the works described in subsection (a)(1)(C) being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction of those works. The Secretary shall determine the amount of water so conserved by said works on an ongoing basis, and shall allow said water to be delivered to the Indian Water Authority and the local entities only to the extent that said water has actually been so conserved by said works.''. (c) Limitation on Funds.--Section 203(e)(1) of such Act is amended to read as follows: ``(1) Except as provided in section 106(d), no Federal funds may be used for construction of the works described in subsection (a)(1).''. (d) Beneficial Use in California.--Section 204(b) of such Act is amended to read as follows: ``(b) Beneficial Use in California.-- ``(1) The water identified in subsection (a) (other than that provided pursuant to section 106(a)) shall be made available, subject to the approval requirement established in section 203(c)(3), for consumptive use by California Contractors within their service areas according to their priorities under the Seven Party Agreement. ``(2) If the water made available under paragraph (1) is used during the term of the funding agreements by a California Contractor other than a Participating Contractor, or a Participating Contractor in an amount in excess of its proportionate share as measured by the amount of its contributed funds in relation to the total contributed funds, such contractor shall reimburse the Participating Contractors in an amount equal to the sum of-- ``(A) the annualized amounts of their respective contributions which funded the conservation of water so used; ``(B) any added costs of operation and maintenance as determined in section 203(b); and ``(C) related mitigation costs under section 203(a)(2). ``(3) Reimbursements made pursuant to paragraph (3) shall be based on the costs each Participating Contractor incurs in contributing funds, its total contribution, and the life of the works.''.
summary: Amends the San Luis Rey Indian Water Rights Settlement Act to direct the Secretary of the Interior, as an alternative by which to provide a supplemental water supply for the benefit of certain Mission Indian Bands in San Diego County, California, and the City of Escondido, California, the Escondido Mutual Water Company, and the Vista Irrigation District (local entities) to construct that portion of the All-American Canal Lining that is necessary to conserve 16,000 acre-feet of water per year and arrange to deliver such water to the Bands and such local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. Requires the right to such water to be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority subject to such Act and the settlement agreement governing the use and disposition of supplemental water. Authorizes appropriations for such construction, but prohibits Federal funding for operating, maintenance, or replacement costs. Directs the Secretary to determine the impact of such works constructed on the cost of operation and maintenance and the existing regulating and storage capacity of the All-American Canal and its Coachella Branch. Requires, if the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. States that the right to 16,000 acre-feet of water per year obtained by such construction is subject to such works being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction. Provides for the Secretary to determine the amount of water so conserved on an ongoing basis and to allow only such water as has actually been conserved to be delivered to the Indian Water Authority and the local entities.