II 

117TH CONGRESS 

2D SESSION S. 4898 

To approve the settlement of water rights claims of the Pueblos of Acoma 

and Laguna in the Rio San Jose ́ Stream System in the State of New 

Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2022 

Mr. HEINRICH introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To approve the settlement of water rights claims of the 

Pueblos of Acoma and Laguna in the Rio San Jose ́

Stream System in the State of New Mexico, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pueblos of Acoma and Laguna Water Rights Settlement 

6 Act of 2022’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of Agreement. 

Sec. 5. Pueblo Water Rights. 

Sec. 6. Settlement trust funds. 

Sec. 7. Funding. 

Sec. 8. Enforceability Date. 

Sec. 9. Waivers and releases of claims. 

Sec. 10. Claims. 

Sec. 11. Consent of United States to jurisdiction for appeals from a Pueblo 

Water Right permit decision. 

Sec. 12. Miscellaneous provisions. 

Sec. 13. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of all issues and controversies concerning 

5 claims to water rights in the general stream adju6 dication of the Rio San Jose ́ Stream System cap7 tioned ‘‘State of New Mexico, ex rel. State Engineer 

8 v. Kerr-McGee, et al.’’, No. D–1333–CV–1983– 

9 00190 and No. D–1333–CV–1983–00220 (consoli10 dated), pending in the Thirteenth Judicial District 

11 Court for the State of New Mexico, for— 

12 (A) the Pueblo of Acoma; 

13 (B) the Pueblo of Laguna; and 

14 (C) the United States, acting as trustee for 

15 the Pueblos of Acoma and Laguna; 

16 (2) to authorize, ratify, and confirm the agree17 ment entered into by the Pueblos, the State, and 

18 various other parties to the Agreement, to the extent 

19 that the Agreement is consistent with this Act; 


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1 (3) to authorize and direct the Secretary— 

2 (A) to execute the Agreement; and 

3 (B) to take any other actions necessary to 

4 carry out the Agreement in accordance with 

5 this Act; and 

6 (4) to authorize funds necessary for the imple7 mentation of the Agreement and this Act. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ACEQUIA.—The term ‘‘Acequia’’ means 

11 each of the Bluewater Toltec Irrigation District, La 

12 Acequia Madre del Ojo del Gallo, Moquino Water 

13 Users Association II, Murray Acres Irrigation Asso14 ciation, San Mateo Irrigation Association, Seboyeta 

15 Community Irrigation Association, Cubero Acequia 

16 Association, Cebolletita Acequia Association, and 

17 Community Ditch of San Jose ́ de la Cienega. 

18 (2) ADJUDICATION.—The term ‘‘Adjudication’’ 

19 means the general adjudication of water rights enti20 tled ‘‘State of New Mexico, ex rel. State Engineer v. 

21 Kerr-McGee, et al.’’, No. D–1333–CV–1983–00190 

22 and No. D–1333–CV–1983–00220 (consolidated) 

23 pending, as of the date of enactment of this Act, in 

24 the Decree Court. 


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1 (3) AGREEMENT.—The term ‘‘Agreement’’ 

2 means— 

3 (A) the document entitled ‘‘Rio San Jose ́

4 Stream System Water Rights Local Settlement 

5 Agreement Among the Pueblo of Acoma, the 

6 Pueblo of Laguna, the Navajo Nation, the State 

7 of New Mexico, the City of Grants, the Village 

8 of Milan, the Association of Community Ditches 

9 of the Rio San Jose ́ and Nine Individual 

10 Acequias and Community Ditches’’ and dated 

11 May 13, 2022, and the attachments thereto; 

12 and 

13 (B) any amendment to the document re14 ferred to in subparagraph (A) (including an 

15 amendment to an attachment thereto) that is 

16 executed to ensure that the Agreement is con17 sistent with this Act. 

18 (4) DECREE COURT.—The term ‘‘Decree 

19 Court’’ means the Thirteenth Judicial District Court 

20 of the State of New Mexico. 

21 (5) ENFORCEABILITY DATE.—The term ‘‘En22 forceability Date’’ means the date described in sec23 tion 8. 

24 (6) PARTIAL FINAL JUDGMENT AND DECREE.— 

25 The term ‘‘Partial Final Judgment and Decree’’ 


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1 means a final or interlocutory partial final judgment 

2 and decree entered by the Decree Court with respect 

3 to the water rights of the Pueblos— 

4 (A) that is substantially in the form de5 scribed in article 14.7.2 of the Agreement, as 

6 amended to ensure consistency with this Act; 

7 and 

8 (B) from which no further appeal may be 

9 taken. 

10 (7) PUEBLO.—The term ‘‘Pueblo’’ means either 

11 of— 

12 (A) the Pueblo of Acoma; or 

13 (B) the Pueblo of Laguna. 

14 (8) PUEBLO LAND.— 

15 (A) IN GENERAL.—The term ‘‘Pueblo 

16 Land’’ means any real property— 

17 (i) in the Rio San Jose ́ Stream Sys18 tem that is held by the United States in 

19 trust for either Pueblo, or owned by either 

20 Pueblo, as of the Enforceability Date; 

21 (ii) in the Rio Salado Basin that is 

22 held by the United States in trust for the 

23 Pueblo of Acoma, or owned by the Pueblo 

24 of Acoma, as of the Enforceability Date; or 


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1 (iii) in the Rio Puerco Basin that is 

2 held by the United States in trust for the 

3 Pueblo of Laguna, or owned by the Pueblo 

4 of Laguna, as of the Enforceability Date. 

5 (B) INCLUSIONS.—The term ‘‘Pueblo 

6 Land’’ includes land placed in trust with the 

7 United States subsequent to the Enforceability 

8 Date for either Pueblo in the Rio San Jose ́

9 Stream System, for the Pueblo of Acoma in the 

10 Rio Salado Basin, or for the Pueblo of Laguna 

11 in the Rio Puerco Basin. 

12 (9) PUEBLO TRUST FUND.—The term ‘‘Pueblo 

13 Trust Fund’’ means— 

14 (A) the Pueblo of Acoma Settlement Trust 

15 Fund established by section 6(a); 

16 (B) the Pueblo of Laguna Settlement 

17 Trust Fund established by that section; and 

18 (C) the Acomita Reservoir Works Trust 

19 Fund established by that section. 

20 (10) PUEBLO WATER RIGHTS.—The term 

21 ‘‘Pueblo Water Rights’’ means— 

22 (A) the respective water rights of the 

23 Pueblos in the Rio San Jose ́ Stream System— 

24 (i) as identified in the Agreement and 

25 section 5 of this Act; and 


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1 (ii) as confirmed in the Partial Final 

2 Judgment and Decree; 

3 (B) the water rights of the Pueblo of 

4 Acoma in the Rio Salado Basin; and 

5 (C) the water rights of the Pueblo of La6 guna in the Rio Puerco Basin, as identified in 

7 the Agreement and section 5 of this Act. 

8 (11) PUEBLOS.—The term ‘‘Pueblos’’ means— 

9 (A) the Pueblo of Acoma; and 

10 (B) the Pueblo of Laguna. 

11 (12) RIO PUERCO BASIN.—The term ‘‘Rio 

12 Puerco Basin’’ means the area defined by the 

13 United States Geological Survey Hydrologic Unit 

14 Codes (HUC) 13020204 (Rio Puerco subbasin) and 

15 13020205 (Arroyo Chico subbasin), including the 

16 hydrologically connected groundwater. 

17 (13) RIO SAN JOSE ́ STREAM SYSTEM.—The 

18 term ‘‘Rio San Jose ́ Stream System’’ means the geo19 graphic extent of the area involved in the Adjudica20 tion pursuant to the description filed in the Decree 

21 Court on November 21, 1986. 

22 (14) RIO SALADO BASIN.—The term ‘‘Rio Sa23 lado Basin’’ means the area defined by the United 

24 States Geological Survey Hydrologic Unit Code 


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1 (HUC) 13020209 (Rio Salado subbasin), including 

2 the hydrologically connected groundwater. 

3 (15) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Interior. 

5 (16) SIGNATORY ACEQUIA.—The term ‘‘Signa6 tory Acequia’’ means an acequia that is a signatory 

7 to the Agreement. 

8 (17) STATE.—The term ‘‘State’’ means the 

9 State of New Mexico and all officers, agents, depart10 ments, and political subdivisions of the State of New 

11 Mexico. 

12 SEC. 4. RATIFICATION OF AGREEMENT. 

13 (a) RATIFICATION.— 

14 (1) IN GENERAL.—Except as modified by this 

15 Act and to the extent the Agreement does not con16 flict with this Act, the Agreement is authorized, rati17 fied, and confirmed. 

18 (2) AMENDMENTS.—If an amendment to the 

19 Agreement or any attachment to the Agreement re20 quiring the signature of the Secretary is executed in 

21 accordance with this Act to make the Agreement 

22 consistent with this Act, the amendment is author23 ized, ratified, and confirmed. 

24 (b) EXECUTION.— 


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1 (1) IN GENERAL.—To the extent the Agreement 

2 does not conflict with this Act, the Secretary shall 

3 execute the Agreement, including all attachments to 

4 or parts of the Agreement requiring the signature of 

5 the Secretary. 

6 (2) MODIFICATIONS.—Nothing in this Act pro7 hibits the Secretary, after execution of the Agree8 ment, from approving any modification to the Agree9 ment, including an attachment to the Agreement, 

10 that is consistent with this Act, to the extent that 

11 the modification does not otherwise require congres12 sional approval under section 2116 of the Revised 

13 Statutes (25 U.S.C. 177) or any other applicable 

14 provision of Federal law. 

15 (c) ENVIRONMENTAL COMPLIANCE.— 

16 (1) IN GENERAL.—In implementing the Agree17 ment and this Act, the Secretary shall comply 

18 with— 

19 (A) the Endangered Species Act of 1973 

20 (16 U.S.C. 1531 et seq.); 

21 (B) the National Environmental Policy Act 

22 of 1969 (42 U.S.C. 4321 et seq.), including the 

23 implementing regulations of that Act; and 

24 (C) all other applicable Federal environ25 mental laws and regulations. 


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1 (2) COMPLIANCE.— 

2 (A) IN GENERAL.—In implementing the 

3 Agreement and this Act, the Pueblos shall pre4 pare any necessary environmental documents 

5 consistent with— 

6 (i) the Endangered Species Act of 

7 1973 (16 U.S.C. 1531 et seq.); 

8 (ii) the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.), in10 cluding the implementing regulations of 

11 that Act; and 

12 (iii) all other applicable Federal envi13 ronmental laws and regulations. 

14 (B) AUTHORIZATIONS.—The Secretary 

15 shall— 

16 (i) independently evaluate the docu17 mentation required under subparagraph 

18 (A); and 

19 (ii) be responsible for the accuracy, 

20 scope, and contents of that documentation. 

21 (3) EFFECT OF EXECUTION.—The execution of 

22 the Agreement by the Secretary under this section 

23 shall not constitute a major Federal action under 

24 the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 


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1 (4) COSTS.—Any costs associated with the per2 formance of the compliance activities under sub3 section (c) shall be paid from funds deposited in the 

4 Pueblo Trust Funds, subject to the condition that 

5 any costs associated with the performance of Federal 

6 approval or other review of such compliance work or 

7 costs associated with inherently Federal functions 

8 shall remain the responsibility of the Secretary. 

9 SEC. 5. PUEBLO WATER RIGHTS. 

10 (a) TRUST STATUS OF THE PUEBLO WATER

11 RIGHTS.—The Pueblo Water Rights shall be held in trust 

12 by the United States on behalf of the Pueblos in accord13 ance with the Agreement and this Act. 

14 (b) FORFEITURE AND ABANDONMENT.— 

15 (1) IN GENERAL.—The Pueblo Water Rights 

16 shall not be subject to loss through non-use, for17 feiture, abandonment, or other operation of law. 

18 (2) STATE-LAW BASED WATER RIGHTS.—Pur19 suant to the Agreement, State-law based water 

20 rights acquired by a Pueblo, or by the United States 

21 on behalf of a Pueblo, after the date for inclusion in 

22 the Partial Final Judgment and Decree, shall not be 

23 subject to forfeiture, abandonment, or permanent 

24 alienation from the time they are acquired. 


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1 (c) USE.—Any use of the Pueblo Water Rights shall 

2 be subject to the terms and conditions of the Agreement 

3 and this Act. 

4 (d) AUTHORITY OF THE PUEBLOS.— 

5 (1) IN GENERAL.—The Pueblos shall have the 

6 authority to allocate, distribute, and lease the Pueblo 

7 Water Rights for use on Pueblo Land in accordance 

8 with the Agreement, this Act, and applicable Federal 

9 law. 

10 (2) USE OFF PUEBLO LAND.—The Pueblos may 

11 allocate, distribute, and lease the Pueblo Water 

12 Rights for use off Pueblo Land in accordance with 

13 the Agreement, this Act, and applicable Federal law, 

14 subject to the approval of the Secretary. 

15 (e) ADMINISTRATION.— 

16 (1) NO ALIENATION.—The Pueblos shall not 

17 permanently alienate any portion of the Pueblo 

18 Water Rights. 

19 (2) PURCHASES OR GRANTS OF LAND FROM IN20 DIANS.—An authorization provided by this Act for 

21 the allocation, distribution, leasing, or other ar22 rangement entered into pursuant to this Act shall be 

23 considered to satisfy any requirement for authoriza24 tion of the action required by Federal law. 


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1 (3) PROHIBITION ON FORFEITURE.—The non2 use of all or any portion of the Pueblo Water Rights 

3 by any water user shall not result in the forfeiture, 

4 abandonment, relinquishment, or other loss of all or 

5 any portion of the Pueblo Water Rights. 

6 SEC. 6. SETTLEMENT TRUST FUNDS. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 2 trust funds, to be known as the ‘‘Pueblo of Acoma Set9 tlement Trust Fund’’ and the ‘‘Pueblo of Laguna Settle10 ment Trust Fund’’, and a trust fund for the benefit of 

11 both Pueblos to be known as the ‘‘Acomita Reservoir 

12 Works Trust Fund’’, to be managed, invested, and distrib13 uted by the Secretary and to remain available until ex14 pended, withdrawn, or reverted to the general fund of the 

15 Treasury, consisting of the amounts deposited in the 

16 Pueblo Trust Funds under subsection (c), together with 

17 any investment earnings, including interest, earned on 

18 those amounts, for the purpose of carrying out this Act. 

19 (b) ACCOUNTS.— 

20 (1) PUEBLO OF ACOMA SETTLEMENT TRUST

21 FUND.—The Secretary shall establish in the Pueblo 

22 of Acoma Settlement Trust Fund the following ac23 counts: 

24 (A) The Water Rights Settlement Account. 


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1 (B) The Water Infrastructure Operations 

2 and Maintenance Account. 

3 (C) The Feasibility Studies Settlement Ac4 count. 

5 (2) PUEBLO OF LAGUNA SETTLEMENT TRUST

6 FUND.—The Secretary shall establish in the Pueblo 

7 of Laguna Settlement Trust Fund the following ac8 counts: 

9 (A) The Water Rights Settlement Account. 

10 (B) The Water Infrastructure Operations 

11 and Maintenance Account. 

12 (C) The Feasibility Studies Settlement Ac13 count. 

14 (c) DEPOSITS.—The Secretary shall deposit in each 

15 Pueblo Trust Fund the amounts made available pursuant 

16 to section 7(a). 

17 (d) MANAGEMENT AND INTEREST.— 

18 (1) MANAGEMENT.—On receipt and deposit of 

19 funds into the Pueblo Trust Funds under subsection 

20 (c), the Secretary shall manage, invest, and dis21 tribute all amounts in the Pueblo Trust Funds in a 

22 manner that is consistent with the investment au23 thority of the Secretary under— 

24 (A) the first section of the Act of June 24, 

25 1938 (25 U.S.C. 162a); 


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1 (B) the American Indian Trust Fund Man2 agement Reform Act of 1994 (25 U.S.C. 4001 

3 et seq.); and 

4 (C) this subsection. 

5 (2) INVESTMENT EARNINGS.—In addition to 

6 the deposits made to each Pueblo Trust Fund under 

7 subsection (c), any investment earnings, including 

8 interest, earned on those amounts held in each 

9 Pueblo Trust Fund are authorized to be used in ac10 cordance with subsections (f) and (h). 

11 (e) AVAILABILITY OF AMOUNTS.— 

12 (1) IN GENERAL.—Amounts appropriated to, 

13 and deposited in, each Pueblo Trust Fund, including 

14 any investment earnings (including interest) earned 

15 on those amounts, shall be made available to the 

16 Pueblo or Pueblos by the Secretary beginning on the 

17 Enforceability Date, subject to the requirements of 

18 this section, except for those funds to be made avail19 able to the Pueblos pursuant to paragraph (2). 

20 (2) USE OF FUNDS.—Notwithstanding para21 graph (1)— 

22 (A) amounts deposited in the Feasibility 

23 Studies Settlement Account of each Pueblo 

24 Trust Fund, including any investment earnings, 

25 including interest, earned on those amounts 


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1 shall be available to the Pueblo on the date on 

2 which the amounts are deposited for uses de3 scribed in subsection (h)(3), and in accordance 

4 with the Agreement; 

5 (B) amounts deposited in the Acomita Res6 ervoir Works Trust Fund, including any invest7 ment earnings, including interest, earned on 

8 those amounts shall be available to the Pueblos 

9 on the date on which the amounts are deposited 

10 for uses described in subsection (h)(4), and in 

11 accordance with the Agreement; and 

12 (C) up to $15,000,000 from the Water 

13 Rights Settlement Account for each Pueblo 

14 shall be available for installing, on Pueblo 

15 Lands, groundwater wells to meet immediate 

16 domestic, commercial, municipal and industrial 

17 water needs, and associated environmental, cul18 tural, and historical compliance. 

19 (f) WITHDRAWALS.— 

20 (1) WITHDRAWALS UNDER THE AMERICAN IN21 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

22 1994.— 

23 (A) IN GENERAL.—Each Pueblo may with24 draw any portion of the amounts in its respec25 tive Settlement Trust Fund on approval by the 


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1 Secretary of a Tribal management plan sub2 mitted by each Pueblo in accordance with the 

3 American Indian Trust Fund Management Re4 form Act of 1994 (25 U.S.C. 4001 et seq.). 

5 (B) REQUIREMENTS.—In addition to the 

6 requirements under the American Indian Trust 

7 Fund Management Reform Act of 1994 (25 

8 U.S.C. 4001 et seq.), the Tribal management 

9 plan under this paragraph shall require that the 

10 appropriate Pueblo shall spend all amounts 

11 withdrawn from each Pueblo Trust Fund, and 

12 any investment earnings (including interest) 

13 earned on those amounts, through the invest14 ments under the Tribal management plan, in 

15 accordance with this Act. 

16 (C) ENFORCEMENT.—The Secretary may 

17 carry out such judicial and administrative ac18 tions as the Secretary determines to be nec19 essary to enforce the Tribal management plan 

20 under this paragraph to ensure that amounts 

21 withdrawn by each Pueblo from the Pueblo 

22 Trust Funds under subparagraph (A) are used 

23 in accordance with this Act. 

24 (2) WITHDRAWALS UNDER EXPENDITURE

25 PLAN.— 


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1 (A) IN GENERAL.—Each Pueblo may sub2 mit to the Secretary a request to withdraw 

3 funds from the Pueblo Trust Fund of the Pueb4 lo pursuant to an approved expenditure plan. 

5 (B) REQUIREMENTS.—To be eligible to 

6 withdraw amounts under an expenditure plan 

7 under subparagraph (A), the appropriate Pueb8 lo shall submit to the Secretary an expenditure 

9 plan for any portion of the Pueblo Trust Fund 

10 that the Pueblo elects to withdraw pursuant to 

11 that subparagraph, subject to the condition that 

12 the amounts shall be used for the purposes de13 scribed in this Act. 

14 (C) INCLUSIONS.—An expenditure plan 

15 under this paragraph shall include a description 

16 of the manner and purpose for which the 

17 amounts proposed to be withdrawn from the 

18 Pueblo Trust Fund will be used by the Pueblo, 

19 in accordance with this subsection and sub20 section (h). 

21 (D) APPROVAL.—The Secretary shall ap22 prove an expenditure plan submitted under sub23 paragraph (A) if the Secretary determines that 

24 the plan— 

25 (i) is reasonable; and 


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1 (ii) is consistent with, and will be used 

2 for, the purposes of this Act. 

3 (E) ENFORCEMENT.—The Secretary may 

4 carry out such judicial and administrative ac5 tions as the Secretary determines to be nec6 essary to enforce an expenditure plan to ensure 

7 that amounts disbursed under this paragraph 

8 are used in accordance with this Act. 

9 (3) WITHDRAWALS FROM ACOMITA RESERVOIR

10 WORKS TRUST FUND.— 

11 (A) IN GENERAL.—A Pueblo may submit 

12 to the Secretary a request to withdraw funds 

13 from the Acomita Reservoir Works Trust Fund 

14 pursuant to an approved joint expenditure plan. 

15 (B) REQUIREMENTS.— 

16 (i) IN GENERAL.—To be eligible to 

17 withdraw amounts under a joint expendi18 ture plan under subparagraph (A), the 

19 Pueblos shall submit to the Secretary a 

20 joint expenditure plan for any portion of 

21 the Acomita Reservoir Works Trust Fund 

22 that the Pueblos elect to withdraw pursu23 ant to this subparagraph, subject to the 

24 condition that the amounts shall be used 


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1 for the purposes described in subsection 

2 (h)(4). 

3 (ii) WRITTEN RESOLUTION.—Each re4 quest to withdraw amounts under a joint 

5 expenditure plan submitted under clause 

6 (i) shall be accompanied by a written reso7 lution from the Tribal councils of both 

8 Pueblos approving the requested use and 

9 disbursement of funds. 

10 (C) INCLUSIONS.—A joint expenditure 

11 plan under this paragraph shall include a de12 scription of the manner and purpose for which 

13 the amounts proposed to be withdrawn from the 

14 Acomita Reservoir Works Trust Fund will be 

15 used by the Pueblo or Pueblos to whom the 

16 funds will be disbursed, in accordance with sub17 section (h)(4). 

18 (D) APPROVAL.—The Secretary shall ap19 prove a joint expenditure plan submitted under 

20 subparagraph (A) if the Secretary determines 

21 that the plan— 

22 (i) is reasonable; and 

23 (ii) is consistent with, and will be used 

24 for, the purposes of this Act. 


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1 (E) ENFORCEMENT.—The Secretary may 

2 carry out such judicial and administrative ac3 tions as the Secretary determines to be nec4 essary to enforce a joint expenditure plan to en5 sure that amounts disbursed under this para6 graph are used in accordance with this Act. 

7 (g) EFFECT OF SECTION.—Nothing in this section 

8 gives the Pueblos the right to judicial review of a deter9 mination of the Secretary relating to whether to approve 

10 a Tribal management plan under paragraph (1) of sub11 section (f) or an expenditure plan under paragraph (2) 

12 or (3) of that subsection, except under subchapter II of 

13 chapter 5, of title 5, United States Code, and chapter 7 

14 of title 5, United States Code (commonly known as the 

15 ‘‘Administrative Procedure Act’’). 

16 (h) USES.— 

17 (1) WATER RIGHTS SETTLEMENT ACCOUNT.— 

18 The Water Rights Settlement Account for each 

19 Pueblo may only be used for the following purposes: 

20 (A) Acquiring water rights or water sup21 ply. 

22 (B) Planning, permitting, designing, engi23 neering, constructing, reconstructing, replacing, 

24 rehabilitating, operating, or repairing water 

25 production, treatment, or delivery infrastrucVerDate Sep 11 2014 05:13 Sep 24, 2022 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S4898.IS S4898

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1 ture, including for domestic and municipal use, 

2 on-farm improvements, or wastewater infra3 structure. 

4 (C) Pueblo Water Rights management and 

5 administration. 

6 (D) Watershed protection and enhance7 ment, support of agriculture, water-related 

8 Pueblo community welfare and economic devel9 opment, and costs relating to implementation of 

10 the Agreement. 

11 (E) Environmental compliance in the de12 velopment and construction of infrastructure 

13 under this Act. 

14 (2) WATER INFRASTRUCTURE OPERATIONS AND

15 MAINTENANCE TRUST ACCOUNT.—The Water Infra16 structure Operations and Maintenance Account for 

17 each Pueblo may only be used to pay costs for oper18 ation and maintenance of water infrastructure to 

19 serve Pueblo domestic, commercial, municipal, and 

20 industrial water uses from any water source. 

21 (3) FEASIBILITY STUDIES SETTLEMENT AC22 COUNT.—The Feasibility Studies Settlement Ac23 count for each Pueblo may only be used to pay costs 

24 for feasibility studies of water supply infrastructure 


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1 to serve Pueblo domestic, commercial, municipal, 

2 and industrial water uses from any water source. 

3 (4) ACOMITA RESERVOIR WORKS TRUST

4 FUND.—The Acomita Reservoir Works Trust Fund 

5 may only be used for planning, permitting, design6 ing, engineering, constructing, reconstructing, re7 placing, rehabilitating, maintaining, or repairing 

8 Acomita reservoir, its dam, inlet works, outlet works, 

9 and the North Acomita Ditch from the Acomita Res10 ervoir outlet on the Pueblo of Acoma through its ter11 minus on the Pueblo of Laguna. 

12 (i) LIABILITY.—The Secretary and the Secretary of 

13 the Treasury shall not be liable for the expenditure or in14 vestment of any amounts withdrawn from the Pueblo 

15 Trust Funds by a Pueblo under paragraph (1), (2), or 

16 (3) of subsection (f). 

17 (j) EXPENDITURE REPORTS.—Each Pueblo shall an18 nually submit to the Secretary an expenditure report de19 scribing accomplishments and amounts spent from use of 

20 withdrawals under a Tribal management plan or an ex21 penditure plan under paragraph (1), (2), or (3) of sub22 section (f), as applicable. 

23 (k) NO PER CAPITA DISTRIBUTIONS.—No portion of 

24 the Pueblo Trust Funds shall be distributed on a per cap25 ita basis to any member of a Pueblo. 


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1 (l) TITLE TO INFRASTRUCTURE.—Title to, control 

2 over, and operation of any project constructed using funds 

3 from the Pueblo Trust Funds shall remain in the appro4 priate Pueblo or Pueblos. 

5 (m) OPERATION, MAINTENANCE, AND REPLACE6 MENT.—All operation, maintenance, and replacement 

7 costs of any project constructed using funds from the 

8 Pueblo Trust Funds shall be the responsibility of the ap9 propriate Pueblo or Pueblos. 

10 SEC. 7. FUNDING. 

11 (a) MANDATORY APPROPRIATIONS.—Out of any 

12 money in the Treasury not otherwise appropriated, the 

13 Secretary of the Treasury shall transfer to the Secretary 

14 the following amounts for the following accounts: 

15 (1) PUEBLO OF ACOMA SETTLEMENT TRUST

16 FUND.— 

17 (A) THE WATER RIGHTS SETTLEMENT AC18 COUNT.—$296,000,000, to remain available 

19 until expended, withdrawn, or reverted to the 

20 general fund of the Treasury. 

21 (B) THE WATER INFRASTRUCTURE OPER22 ATIONS AND MAINTENANCE ACCOUNT.— 

23 $14,000,000, to remain available until ex24 pended, withdrawn, or reverted to the general 

25 fund of the Treasury. 


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1 (C) THE FEASIBILITY STUDIES SETTLE2 MENT ACCOUNT.—$1,750,000, to remain avail3 able until expended, withdrawn, or reverted to 

4 the general fund of the Treasury. 

5 (2) PUEBLO OF LAGUNA SETTLEMENT TRUST

6 FUND.— 

7 (A) THE WATER RIGHTS SETTLEMENT AC8 COUNT.—$464,000,000, to remain available 

9 until expended, withdrawn, or reverted to the 

10 general fund of the Treasury. 

11 (B) THE WATER INFRASTRUCTURE OPER12 ATIONS AND MAINTENANCE ACCOUNT.— 

13 $26,000,000, to remain available until ex14 pended, withdrawn, or reverted to the general 

15 fund of the Treasury. 

16 (C) THE FEASIBILITY STUDIES SETTLE17 MENT ACCOUNT.—$3,250,000, to remain avail18 able until expended, withdrawn, or reverted to 

19 the general fund of the Treasury. 

20 (3) ACOMITA RESERVOIR WORKS TRUST

21 FUND.—$45,000,000, to remain available until ex22 pended, withdrawn, or reverted to the general fund 

23 of the Treasury. 

24 (b) FLUCTUATIONS IN COSTS.— 


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1 (1) IN GENERAL.—The amounts appropriated 

2 under subsection (a) shall be increased or decreased, 

3 as appropriate, by such amounts as may be justified 

4 by reason of ordinary fluctuations in costs, as indi5 cated by the Bureau of Reclamation Construction 

6 Cost Index–Composite Trend. 

7 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

8 amounts appropriated under subsection (a) shall be 

9 adjusted to address construction cost changes nec10 essary to account for unforeseen market volatility 

11 that may not otherwise be captured by engineering 

12 cost indices, as determined by the Secretary, includ13 ing repricing applicable to the types of construction 

14 and current industry standards involved. 

15 (3) REPETITION.—The adjustment process 

16 under this subsection shall be repeated for each sub17 sequent amount appropriated until the applicable 

18 amount, as adjusted, has been appropriated. 

19 (4) PERIOD OF INDEXING.—The period of in20 dexing and adjustment under this subsection for any 

21 increment of funding shall start on October 1, 2021, 

22 and shall end on the date on which funds are depos23 ited in the applicable Pueblo Trust Fund. 

24 (c) STATE COST SHARE.—Pursuant to the Agree25 ment, the State shall contribute— 


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•S 4898 IS

1 (1) $24,000,000, as adjusted for inflation pur2 suant to the Agreement, for the Joint Grants-Milan 

3 Project for Water Re-Use, Water Conservation and 

4 Augmentation of the Rio San Jose ́, the Village of 

5 Milan Projects Fund, and the City of Grants 

6 Projects Fund; 

7 (2) $12,000,000, as adjusted for the inflation 

8 pursuant to the Agreement, for Signatory Acequias 

9 Projects and Offset Projects Fund for the Associa10 tion of Community Ditches of the Rio San Jose ́; and 

11 (3) $500,000, as adjusted for inflation pursu12 ant to the Agreement, to mitigate impairment to 

13 non-Pueblo domestic and livestock groundwater 

14 rights as a result of new Pueblo water use. 

15 SEC. 8. ENFORCEABILITY DATE. 

16 (a) IN GENERAL.—The Enforceability Date shall be 

17 the date on which the Secretary publishes in the Federal 

18 Register a statement of findings that— 

19 (1) to the extent that the Agreement conflicts 

20 with this Act, the Agreement has been amended to 

21 conform with this Act; 

22 (2) the Agreement, as amended, including the 

23 waivers and releases of claims set forth in section 9, 

24 has been executed by all parties to the Agreement, 

25 including the United States; 


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•S 4898 IS

1 (3) all of the amounts appropriated under sec2 tion 7 have been appropriated and deposited in the 

3 designated accounts of the Pueblo Trust Fund; 

4 (4) the State has enacted legislation to amend 

5 State law to provide that a Pueblo Water Right may 

6 be leased for a term not to exceed 99 years, includ7 ing renewals; 

8 (5) the State has provided— 

9 (A) the funding under section 7(c)(3) into 

10 appropriate funding accounts; and 

11 (B) the funding under paragraphs (1) and 

12 (2) of section 7(c) into appropriate funding ac13 counts or entered into funding agreements with 

14 the intended beneficiaries for funding under 

15 those paragraphs of that section; and 

16 (6) the Decree Court has approved the Agree17 ment and has entered a Partial Final Judgment and 

18 Decree. 

19 (b) EXPIRATION.— 

20 (1) IN GENERAL.—This Act shall expire in any 

21 case in which the Secretary fails to publish a state22 ment of findings under subsection (a) by not later 

23 than— 

24 (A) July 1, 2030; or 


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1 (B) such alternative later date as is agreed 

2 to by the Pueblos and the Secretary, after pro3 viding reasonable notice to the State. 

4 (2) CONSEQUENCES.—If this Act expires under 

5 paragraph (1)— 

6 (A) the waivers and releases under sub7 sections (a) and (b) of section 9 shall— 

8 (i) expire; and 

9 (ii) have no further force or effect; 

10 (B) the authorization, ratification, con11 firmation, and execution of the Agreement 

12 under section 4 shall no longer be effective; 

13 (C) any action carried out by the Sec14 retary, and any contract or agreement entered 

15 into, pursuant to this Act shall be void; 

16 (D) any unexpended Federal funds appro17 priated or made available to carry out the ac18 tivities authorized by this Act, together with 

19 any interest earned on those funds, and any 

20 water rights or contracts to use water and title 

21 to other property acquired or constructed with 

22 Federal funds appropriated or made available 

23 to carry out the activities authorized by this 

24 Act, shall be returned to the Federal Govern25 ment, unless otherwise agreed to by the Pueblos 


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1 and the United States and approved by Con2 gress; and 

3 (E) except for Federal funds used to ac4 quire or construct property that is returned to 

5 the Federal Government under subparagraph 

6 (D), the United States shall be entitled to offset 

7 any Federal funds made available to carry out 

8 this Act that were expended or withdrawn, or 

9 any funds made available to carry out this Act 

10 from other Federal authorized sources, together 

11 with any interest accrued on those funds, 

12 against any claims against the United States— 

13 (i) relating to— 

14 (I) water rights in the State as15 serted by the Pueblos or any user of 

16 the Pueblo Water Rights; or 

17 (II) any other matter covered by 

18 section 9(a)(2); or 

19 (ii) in any future settlement of water 

20 rights of the Pueblos. 

21 SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 

22 (a) WAIVERS AND RELEASES OF CLAIMS BY PUEB23 LOS AND THE UNITED STATES AS TRUSTEE FOR PUEB24 LOS.—Subject to the reservation of rights and retention 

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1 ognition of the Pueblo Water Rights and other benefits 

2 described in the Agreement and this Act, the Pueblos and 

3 the United States, acting as trustee for the Pueblos, shall 

4 execute a waiver and release of all claims for— 

5 (1) water rights within the Rio San Jose ́

6 Stream System that the Pueblos, or the United 

7 States acting as trustee for the Pueblos, asserted or 

8 could have asserted in any proceeding, including the 

9 Adjudication, on or before the Enforceability Date, 

10 except to the extent that such rights are recognized 

11 in the Agreement and this Act; and 

12 (2) damages, losses, or injuries to water rights 

13 or claims of interference with, diversion of, or taking 

14 of water rights (including claims for injury to land 

15 resulting from such damages, losses, injuries, inter16 ference with, diversion, or taking of water rights) in 

17 waters in the Rio San Jose ́ Stream System against 

18 any party to the Agreement, including the members 

19 and parciantes of Signatory Acequias, that accrued 

20 at any time up to and including the Enforceability 

21 Date. 

22 (b) WAIVERS AND RELEASES OF CLAIMS BY PUEB23 LOS AGAINST UNITED STATES.—Subject to the reserva24 tion of rights and retention of claims under subsection (d), 

25 the Pueblos shall execute a waiver and release of all claims 


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•S 4898 IS

1 against the United States (including any agency or em2 ployee of the United States) first arising before the En3 forceability Date relating to— 

4 (1) water rights within the Rio San Jose ́

5 Stream System that the United States, acting as 

6 trustee for the Pueblos, asserted or could have as7 serted in any proceeding, including the Adjudication, 

8 except to the extent that such rights are recognized 

9 as part of the Pueblo Water Rights under this Act; 

10 (2) foregone benefits from non-Pueblo use of 

11 water, on and off Pueblo Land (including water 

12 from all sources and for all uses), within the Rio 

13 San Jose ́ Stream System; 

14 (3) damage, loss, or injury to water, water 

15 rights, land, or natural resources due to loss of 

16 water or water rights (including damages, losses, or 

17 injuries to hunting, fishing, gathering, or cultural 

18 rights due to loss of water or water rights, claims 

19 relating to interference with, diversion of, or taking 

20 of water, or claims relating to a failure to protect, 

21 acquire, replace, or develop water, water rights, or 

22 water infrastructure) within the Rio San Jose ́

23 Stream System; 

24 (4) a failure to provide operation, maintenance, 

25 or deferred maintenance for any irrigation system or 


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1 irrigation project within the Rio San Jose ́ Stream 

2 System; 

3 (5) a failure to establish or provide a municipal, 

4 rural, or industrial water delivery system on Pueblo 

5 Land within the Rio San Jose ́ Stream System; 

6 (6) damage, loss, or injury to water, water 

7 rights, land, or natural resources due to construc8 tion, operation, and management of irrigation 

9 projects on Pueblo Land (including damages, losses, 

10 or injuries to fish habitat, wildlife, and wildlife habi11 tat) within the Rio San Jose ́ Stream System; 

12 (7) a failure to provide a dam safety improve13 ment to a dam on Pueblo Land within the Rio San 

14 Jose ́ Stream System; 

15 (8) the litigation of claims relating to any water 

16 right of the Pueblos within the Rio San Jose ́ Stream 

17 System; and 

18 (9) the negotiation, execution, or adoption of 

19 the Agreement (including attachments) and this Act. 

20 (c) EFFECTIVE DATE.—The waivers and releases de21 scribed in subsections (a) and (b) shall take effect on the 

22 Enforceability Date. 

23 (d) RESERVATION OF RIGHTS AND RETENTION OF

24 CLAIMS.—Notwithstanding the waivers and releases under 


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•S 4898 IS

1 subsections (a) and (b), the Pueblos and the United 

2 States, acting as trustee for the Pueblos, shall retain— 

3 (1) all claims relating to— 

4 (A) the enforcement of, or claims accruing 

5 after the Enforceability Date relating to water 

6 rights recognized under, the Agreement, this 

7 Act, or the Partial Final Judgment and Decree 

8 entered in the Adjudication; 

9 (B) activities affecting the quality of water 

10 and the environment, including claims under— 

11 (i) the Comprehensive Environmental 

12 Response, Compensation and Liability Act 

13 of 1980 (42 U.S.C. 9601 et seq.), includ14 ing claims for damages to natural re15 sources; 

16 (ii) the Safe Drinking Water Act (42 

17 U.S.C. 300f et seq.); 

18 (iii) the Federal Water Pollution Con19 trol Act (33 U.S.C. 1251 et seq.) (com20 monly referred to as the ‘‘Clean Water 

21 Act’’); and 

22 (iv) any regulations implementing the 

23 Acts described in clauses (i) through (iii); 


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•S 4898 IS

1 (C) the right to use and protect water 

2 rights acquired after the date of enactment of 

3 this Act; 

4 (D) damage, loss, or injury to land or nat5 ural resources that is not due to loss of water 

6 or water rights, including hunting, fishing, 

7 gathering, or cultural rights; 

8 (E) all claims for water rights, and claims 

9 for injury to water rights, in basins other than 

10 the Rio San Jose ́ Stream System, subject to ar11 ticle 8.5 of the Agreement with respect to the 

12 claims of the Pueblo of Laguna for water rights 

13 in the Rio Puerco Basin and the claims of the 

14 Pueblo of Acoma for water rights in the Rio Sa15 lado Basin; 

16 (F) all claims relating to the Jackpile17 Paguate Uranium Mine in the State that are 

18 not due to loss of water or water rights; and 

19 (G) all rights, remedies, privileges, immu20 nities, and powers and claims not specifically 

21 waived and released pursuant to this Act or the 

22 Agreement. 

23 (e) EFFECT OF AGREEMENT AND ACT.—Nothing in 

24 the Agreement or this Act— 


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•S 4898 IS

1 (1) reduces or extends the sovereignty (includ2 ing civil and criminal jurisdiction) of any govern3 ment entity, except as provided in section 11; 

4 (2) affects the ability of the United States, as 

5 a sovereign, to carry out any activity authorized by 

6 law, including— 

7 (A) the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9601 et seq.); 

10 (B) the Safe Drinking Water Act (42 

11 U.S.C. 300f et seq.); 

12 (C) the Federal Water Pollution Control 

13 Act (33 U.S.C. 1251 et seq.) (commonly re14 ferred to as the ‘‘Clean Water Act’’); 

15 (D) the Solid Waste Disposal Act (42 

16 U.S.C. 6901 et seq.); and 

17 (E) any regulations implementing the Acts 

18 described in subparagraphs (A) through (D); 

19 (3) affects the ability of the United States to 

20 act as trustee for any other pueblo or Indian Tribe, 

21 or an allottee of any other Indian Tribe; 

22 (4) confers jurisdiction on any State court— 

23 (A) to interpret Federal law relating to 

24 health, safety, or the environment; 


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•S 4898 IS

1 (B) to determine the duties of the United 

2 States or any other party under Federal law re3 garding health, safety, or the environment; or 

4 (C) to conduct judicial review of any Fed5 eral agency action; or 

6 (5) waives any claim of a member of a Pueblo 

7 in an individual capacity that does not derive from 

8 a right of the Pueblos. 

9 (f) TOLLING OF CLAIMS.— 

10 (1) IN GENERAL.—Each applicable period of 

11 limitation and time-based equitable defense relating 

12 to a claim described in this section shall be tolled for 

13 the period beginning on the date of enactment of 

14 this Act and ending on the Enforceability Date. 

15 (2) EFFECT OF SUBSECTION.—Nothing in this 

16 subsection revives any claim or tolls any period of 

17 limitation or time-based equitable defense that ex18 pired before the date of enactment of this Act. 

19 (3) LIMITATION.—Nothing in this section pre20 cludes the tolling of any period of limitation or any 

21 time-based equitable defense under any other appli22 cable law. 

23 SEC. 10. CLAIMS. 

24 The benefits provided under this Act shall be in com25 plete replacement of, complete substitution for, and full 


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•S 4898 IS

1 satisfaction of any claim of the Pueblos against the United 

2 States that are waived and released by the Pueblos pursu3 ant to section 9(b). 

4 SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 

5 FOR APPEALS FROM A PUEBLO WATER 

6 RIGHT PERMIT DECISION. 

7 (a) CONSENT.—On the Enforceability Date, the con8 sent of the United States is hereby given, with the consent 

9 of each Pueblo under article 11.5 of the Agreement, to 

10 jurisdiction in the District Court for the Thirteenth Judi11 cial District of the State of New Mexico, and in the New 

12 Mexico Court of Appeals and the New Mexico Supreme 

13 Court on appeal therefrom in the same manner as pro14 vided under New Mexico law, over an action filed in such 

15 District Court by any party to a Pueblo Water Rights Per16 mit administrative proceeding under article 11.4 of the 

17 Agreement for the limited and sole purpose of an appeal 

18 from the Pueblo Water Right Permit decision under arti19 cle 11.5 of the Agreement. 

20 (b) LIMITATION.—The consent of the United States 

21 under this Act is limited to judicial review, based on the 

22 record developed through the administrative process of the 

23 Pueblo, under a standard of judicial review limited to de24 termining whether the Pueblo decision on the application 

25 for Pueblo Water Right Permit— 


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•S 4898 IS

1 (1) is supported by substantial evidence; 

2 (2) is not arbitrary, capricious, or contrary to 

3 law; 

4 (3) is not in accordance with this Agreement or 

5 the Partial Final Judgment and Decree; or 

6 (4) shows that the Pueblo acted fraudulently or 

7 outside the scope of its authority. 

8 (c) PUEBLO WATER CODE AND INTERPRETATION.— 

9 (1) IN GENERAL.—Pueblo Water Code or Pueb10 lo Water Law provisions that meet the requirements 

11 of article 11 of the Agreement shall be given full 

12 faith and credit in any proceeding described in this 

13 section. 

14 (2) PROVISIONS OF THE PUEBLO WATER

15 CODE.—To the extent that a State court conducting 

16 judicial review under this section must interpret pro17 visions of Pueblo law that are not express provisions 

18 of the Pueblo Water Code, the State court shall cer19 tify the question of interpretation to the Pueblo 

20 court. 

21 (3) NO CERTIFICATION.—Any issues of inter22 pretation of standards in article 11.6 of the Agree23 ment are not subject to certification. 


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•S 4898 IS

1 (4) LIMITATION.—Nothing in this section limits 

2 the jurisdiction of the Decree Court to interpret and 

3 enforce the Agreement. 

4 SEC. 12. MISCELLANEOUS PROVISIONS. 

5 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

6 UNITED STATES.—Nothing in this Act waives the sov7 ereign immunity of the United States. 

8 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

9 Nothing in this Act quantifies or diminishes any land or 

10 water right, or any claim or entitlement to land or water, 

11 of an Indian Tribe, band, or community other than the 

12 Pueblos. 

13 (c) EFFECT ON CURRENT LAW.—Nothing in this Act 

14 affects any provision of law (including regulations) in ef15 fect on the day before the date of enactment of this Act 

16 with respect to pre-enforcement review of any Federal en17 vironmental enforcement action. 

18 (d) CONFLICT.—In the event of a conflict between 

19 the Agreement and this Act, this Act shall control. 

20 SEC. 13. ANTIDEFICIENCY. 

21 The United States shall not be liable for any failure 

22 to carry out any obligation or activity authorized by this 

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1 ment, if adequate appropriations are not provided ex2 pressly by Congress to carry out the purposes of this Act. 

Æ 


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