II 

115TH CONGRESS 

1ST SESSION S. 664 

To approve the settlement of the water rights claims of the Navajo Nation 

in Utah, to authorize construction of projects in connection therewith, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2017 

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

to the Committee on Indian Affairs 

A BILL 

To approve the settlement of the water rights claims of 

the Navajo Nation in Utah, to authorize construction 

of projects in connection therewith, 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. 

4 This Act may be cited as the ‘‘Navajo Utah Water 

5 Rights Settlement Act of 2017’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to eliminate controversy over the quantifica2 tion, allocation, distribution, and use of all waters 

3 derived by or through the Navajo Nation in the 

4 State of Utah pursuant to all legal theories; 

5 (2) to recognize and protect the reserved water 

6 rights of the Navajo Nation and all those possessing 

7 water rights derived by or through the Navajo Na8 tion; 

9 (3) to protect State appropriative water rights; 

10 (4) to provide Navajo and non-Indian citizens 

11 in the Upper Colorado River Basin in Utah with cer12 tainty regarding water rights, water management, 

13 and administration that will allow them to plan for 

14 their futures; 

15 (5) to approve, ratify, and confirm the agree16 ment; 

17 (6) to authorize and direct the Secretary to exe18 cute and perform duties under the agreement and 

19 this Act; 

20 (7) to authorize the actions and appropriations 

21 necessary for the United States to fulfill its legal 

22 and trust obligations to the tribes as provided in the 

23 agreement and this Act; 

24 (8) to provide sufficient water supplies and fa25 cilities for delivery of those supplies needed to deVerDate Sep 11 2014 22:51 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S664.IS S664

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1 velop and maintain the Navajo Reservation in Utah 

2 as a permanent homeland for the Navajo Nation and 

3 its members; and 

4 (9) to promote the economic development and 

5 economic self-sufficiency of the Navajo Nation in 

6 Utah. 

7 SEC. 3. FINDINGS. 

8 Congress finds the following: 

9 (1) It is the policy of the United States, in 

10 keeping with the trust responsibility of the United 

11 States to Indian tribes, to settle Indian water rights 

12 claims whenever possible without lengthy and costly 

13 litigation. 

14 (2) The water rights settlements described in 

15 paragraph (1) typically require congressional review 

16 and approval. 

17 (3) The Navajo Nation and the United States, 

18 acting as trustee for the Navajo Nation and allottees 

19 of the Navajo Nation, claim the right to an 

20 unquantified amount of water from the San Juan 

21 River in the Upper Colorado River Basin in Utah. 

22 (4) Consistent with the policy of the United 

23 States, this Act settles the water rights claims of the 

24 Navajo Nation and the United States within the 

25 State of Utah, acting as trustee for the Navajo NaVerDate Sep 11 2014 22:51 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S664.IS S664

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1 tion and allottees of the Navajo Nation, without liti2 gation. 

3 (5) This Act settles the water rights claims of 

4 the Navajo Nation and the United States within the 

5 State of Utah, acting as trustee for the Navajo Na6 tion and allottees of the Navajo Nation, by providing 

7 a permanent source of water for the Navajo Nation 

8 in Utah, a water settlement fund to be used for the 

9 construction of drinking water infrastructure, and 

10 the financing of other modes of water delivery on the 

11 Navajo Nation in Utah in exchange for limiting the 

12 legal exposure and litigation expenses of the United 

13 States and the State of Utah. 

14 SEC. 4. DEFINITIONS. 

15 (1) AFY.—The term ‘‘afy’’ means acre-feet per 

16 year. 

17 (2) AGREEMENT.—The term ‘‘agreement’’ 

18 means the document entitled ‘‘Navajo Utah Water 

19 Rights Settlement Agreement’’ and the exhibits at20 tached thereto. 

21 (3) ALLOTTEE.—The term ‘‘allottee’’ means in22 dividual members of the Navajo Nation or other In23 dian tribe for whom the United States holds in trust 

24 title to an allotment on the Navajo Nation Reserva25 tion in Utah. 


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1 (4) ALLOTMENT.—The term ‘‘allotment’’ 

2 means— 

3 (A) a parcel of land located within the 

4 Reservation; or 

5 (B) Bureau of Indian Affairs parcel num6 ber 792 634511 in San Juan County, Utah, 

7 consisting of 160 acres located in Township 

8 41S, Range 20E, sections 11, 12, and 14, origi9 nally set aside by the United States for the ben10 efit of an individual identified in the allotting 

11 document as a Navajo Indian and held in trust 

12 by the United States. 

13 (5) ENFORCEABILITY DATE.—The term ‘‘en14 forceability date’’ means the date on which the Sec15 retary publishes in the Federal Register the state16 ment of findings described in section 9(a) of this 

17 Act. 

18 (6) GENERAL STREAM ADJUDICATION.—The 

19 term ‘‘general stream adjudication’’ means the adju20 dication pending, as of the date of enactment, in the 

21 Seventh Judicial District in and for Grand County, 

22 State of Utah, commonly known as the ‘‘South23 eastern Colorado River General Adjudication’’, Civil 

24 No. 810704477, conducted pursuant to State law. 


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1 (7) INDIAN HEALTH SERVICE.—The term ‘‘In2 dian Health Service’’ means the United States In3 dian Health Service. 

4 (8) INJURY TO WATER RIGHTS.—The term ‘‘in5 jury to water rights’’ means the loss, deprivation, 

6 impairment, or diminution of water rights. 

7 (9) MEMBER.—The term ‘‘member’’ means any 

8 person who is a duly enrolled member of the Navajo 

9 Nation. 

10 (10) NAVAJO NATION OR NATION.—The term 

11 ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 

12 and federally recognized Indian nation, as published 

13 on the list established under section 104(a) of the 

14 Federally Recognized Indian Tribe List Act of 1994 

15 (25 U.S.C. 5131(a)), also known variously as the 

16 ‘‘Navajo Nation’’, the ‘‘Navajo Nation of Arizona, 

17 New Mexico, & Utah’’, and the ‘‘Navajo Nation of 

18 Indians’’ and other similar names, and includes all 

19 bands of Navajo Indians and chapters of the Navajo 

20 Nation and all divisions, agencies, officers, and 

21 agents thereof. 

22 (11) NAVAJO WATER DEVELOPMENT

23 PROJECTS.—The term ‘‘Navajo water development 

24 projects’’ means the projects constructed, in whole 


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1 or in part, using monies from the Navajo Water De2 velopment Fund. 

3 (12) OM&R.—The term ‘‘OM&R’’ means oper4 ation, maintenance, and replacement. 

5 (13) PARTIES.—The term ‘‘parties’’ means the 

6 Navajo Nation, the State, and the United States. 

7 (14) RECLAMATION.—The term ‘‘Reclamation’’ 

8 means the United States Bureau of Reclamation. 

9 (15) RESERVATION.—The term ‘‘Reservation’’ 

10 means, for purposes of this agreement, the Reserva11 tion of the Navajo Nation as in existence on the date 

12 of enactment of this Act and depicted on the map 

13 attached to the agreement as Exhibit A. 

14 (16) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of the United States Depart16 ment of the Interior or a duly authorized representa17 tive thereof. 

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

19 State of Utah and all officers, agents, departments, 

20 and political subdivisions thereof. 

21 (18) UNITED STATES.—The term ‘‘United 

22 States’’ means the United States of America and all 

23 departments, agencies, bureaus, officers, and agents 

24 thereof. 


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1 (19) UNITED STATES ACTING IN ITS TRUST CA2 PACITY.—The term ‘‘United States acting in its 

3 trust capacity’’ means the United States acting for 

4 the benefit of the Navajo Nation or for the benefit 

5 of allottees. 

6 (20) WATER RIGHTS.—The term ‘‘water rights’’ 

7 means rights under tribal, State, and Federal law to 

8 divert, pump, impound, store, use, or reuse water 

9 within the State. 

10 SEC. 5. RATIFICATION OF AGREEMENT. 

11 (a) APPROVAL BY CONGRESS.—Except to the extent 

12 that any provision of the agreement conflicts with this Act, 

13 Congress approves, ratifies, and confirms the agreement 

14 (including any amendments to the agreement that are exe15 cuted to make the agreement consistent with this Act). 

16 (b) EXECUTION BY SECRETARY.—The Secretary is 

17 authorized and directed to promptly, and no later than 

18 180 days from the date that this Act becomes law, execute 

19 the agreement to the extent that the agreement does not 

20 conflict with this Act, including— 

21 (1) any exhibits to the agreement requiring the 

22 signature of the Secretary; and 

23 (2) any amendments to the agreement nec24 essary to make the agreement consistent with this 

25 Act. 


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1 (c) AUTHORITY OF SECRETARY.—The Secretary may 

2 carry out any action that the Secretary determines is nec3 essary or appropriate to implement the agreement and this 

4 Act. 

5 (d) ENVIRONMENTAL COMPLIANCE.— 

6 (1) ENVIRONMENTAL COMPLIANCE.—The Sec7 retary shall comply with all aspects of the National 

8 Environmental Policy Act of 1969 (42 U.S.C. 4321 

9 et seq.), the Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq.), and other applicable Federal 

11 environmental laws and regulations. 

12 (2) EXECUTION OF THE AGREEMENT.—Execu13 tion of the agreement by the Secretary as provided 

14 for in this Act shall not constitute a major Federal 

15 action under the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.). 

17 (3) LEAD AGENCY.—Reclamation, or any 

18 United States or Navajo Nation agency with an 

19 intergovernmental agreement with the Secretary 

20 pursuant to subsection (a) of section 6, is authorized 

21 to be designated as the lead or joint lead agency 

22 with respect to environmental compliance for the 

23 Navajo water development projects. 


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1 SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF NAVAJO 

2 WATER DEVELOPMENT PROJECTS. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Commissioner of Reclamation, shall plan, design, and con5 struct the water diversion, delivery, and conservation fea6 tures of the Navajo water development projects. The Sec7 retary is authorized to enter into intergovernmental agree8 ments with other United States, State, or Navajo Nation 

9 agencies as necessary or appropriate to implement this 

10 section. 

11 (b) LEAD AGENCY.—Reclamation, or any Federal or 

12 Navajo Nation agency with an intergovernmental agree13 ment with the Secretary pursuant to subsection (a), is au14 thorized to serve as the lead agency or joint lead agencies 

15 with respect to any activity to plan, design, and construct 

16 the water diversion, delivery, and conservation features of 

17 any Navajo water development project to be constructed 

18 by that agency. 

19 (c) SCOPE.—The agreement and this Act contemplate 

20 a comprehensive approach to addressing identified Res21 ervation water needs by providing funds for domestic and 

22 municipal water supply and distribution infrastructure 

23 and agricultural water conservation. To allow the Navajo 

24 Nation flexibility in meeting the needs of its people over 

25 time as both circumstances and technologies evolve, the 

26 costs to meet Reservation water needs determined in the 


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1 studies identified in the agreement were used to establish 

2 the dollar amount of the Navajo Water Development 

3 Fund. To help ensure that water supply and distribution 

4 systems constructed pursuant to the agreement and this 

5 Act can be successfully developed and transitioned to be 

6 user-supported systems, the agreement and this Act also 

7 provide for a Navajo OM&R Trust Account. 

8 (d) FINAL WATER SUPPLY SYSTEM PROJECTS.— 

9 (1) DESIGN REVIEW.—Prior to beginning con10 struction activities for any water supply system as 

11 described in the agreement and constructed pursu12 ant to this section, the Secretary shall review the de13 sign of the proposed Navajo water development 

14 projects and perform value-engineering analyses. 

15 (2) NEGOTIATION AND AGREEMENT WITH THE

16 NAVAJO NATION.—On the basis of the review de17 scribed in paragraph (1), the Secretary shall nego18 tiate and reach agreement with the Navajo Nation 

19 regarding appropriate changes to the final design so 

20 that the final design meets applicable industry 

21 standards, as well as changes, if any, that would 

22 allow the projects to be constructed for the amounts 

23 made available under subsection (a) of section 7, 

24 and improve the cost-effectiveness of the projects. 


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1 (e) NONREIMBURSABILITY OF COSTS.—All costs in2 curred by the Secretary in carrying out this section shall 

3 be nonreimbursable. 

4 (f) FUNDING.— 

5 (1) FEDERAL OBLIGATION.—The total amount 

6 of obligations incurred by the Secretary for plan7 ning, design, and construction of the Navajo water 

8 development projects in subsections (a) through (j) 

9 of this section shall not exceed $198,300,000, except 

10 that the total amount of $198,300,000 shall be in11 creased or decreased, as appropriate, based on ordi12 nary fluctuations from June 2014, in construction 

13 cost indices applicable to the types of construction 

14 involved in the design and construction of the Nav15 ajo water development projects. 

16 (2) STATE COST SHARE.—The State shall con17 tribute $8,000,000 payable to the Secretary for 

18 planning, design, and construction of the Navajo 

19 water development projects in installments in each 

20 of the 3 years following the execution of the agree21 ment by the Secretary as provided for in subsection 

22 (b) of section 5. 

23 (3) TRANSFERS TO NAVAJO OM&R ACCOUNT.— 

24 Monies made available for the Navajo water develop25 ment projects but not used for that purpose may, at 


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1 the discretion of the Navajo Nation, be transferred 

2 to the Navajo OM&R Trust Account established by 

3 subsection (k). 

4 (g) APPLICABILITY OF THE INDIAN SELF-DETER5 MINATION ACT.— 

6 (1) IN GENERAL.—At the request of the Navajo 

7 Nation, and in accordance with the Indian Self-De8 termination and Education Assistance Act (25 

9 U.S.C. 5301 et seq.), the Secretary shall enter into 

10 one or more agreements with the Navajo Nation to 

11 carry out the activities authorized by this section. 

12 (2) OVERSIGHT COSTS.—Reclamation, or any 

13 Federal agency with an intergovernmental agree14 ment with the Secretary pursuant to subsection (a), 

15 and the Navajo Nation shall negotiate the cost of 

16 any oversight activities carried out by such agencies 

17 for each agreement under this section, provided that 

18 the total cost for that oversight shall not exceed 4 

19 percent of the total project costs. 

20 (h) CONVEYANCE OF TITLE TO NAVAJO WATER DE21 VELOPMENT PROJECTS.—The Secretary shall convey title 

22 to those Navajo water development projects described as 

23 water supply and water distribution systems in the agree24 ment and authorized in this section to the Navajo Nation 

25 when construction of each project is complete and the 


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1 project is operating and, if applicable, delivering potable 

2 water. 

3 (1) LIMITATION OF LIABILITY.—Effective on 

4 the date of the conveyance authorized by this sub5 section, the United States shall not be held liable by 

6 any court for damages arising out of any act, omis7 sion, or occurrence relating to the facilities conveyed 

8 under this subsection, other than damages caused by 

9 any intentional act or act of negligence committed 

10 by the United States, or by employees or agents of 

11 the United States, prior to the date of conveyance. 

12 (2) OM&R OBLIGATION OF THE UNITED

13 STATES AFTER CONVEYANCE.—The United States 

14 shall have no obligation to pay for the operation, 

15 maintenance, or replacement costs of any Navajo 

16 water development project beginning on the date on 

17 which— 

18 (A) title to the project is conveyed to the 

19 Navajo Nation; and 

20 (B) the amounts required to be deposited 

21 in the Navajo OM&R Trust Account pursuant 

22 to subsection (b) of section 7 have been depos23 ited in that account. 

24 (i) TECHNICAL ASSISTANCE.—The Secretary shall 

25 provide technical assistance to prepare the Navajo Nation 


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1 for operation of the Navajo water development projects, 

2 including operation and management training. 

3 (j) PROJECT MANAGEMENT COMMITTEE.— 

4 (1) IN GENERAL.—The Secretary shall facilitate 

5 the formation of a project management committee to 

6 be composed of representatives of— 

7 (A) the Navajo Nation; 

8 (B) Reclamation, or any Federal agency 

9 with an intergovernmental agreement with the 

10 Secretary pursuant to subsection (a), the Bu11 reau of Indian Affairs, and the Indian Health 

12 Service, as appropriate; and 

13 (C) the State. 

14 (2) DUTIES.—The project management com15 mittee shall— 

16 (A) review cost factors and budgets for 

17 construction, operation, and maintenance activi18 ties for the Navajo water development projects; 

19 (B) improve management of the planning, 

20 design, construction, and operation of the Nav21 ajo water development projects through en22 hanced communication; and 

23 (C) seek additional ways to reduce overall 

24 costs for the Navajo water development 

25 projects. 


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1 (k) NAVAJO OM&R TRUST ACCOUNT.—The United 

2 States shall establish a trust account in the Treasury of 

3 the United States for the operation, maintenance, and re4 placement of the Navajo water development projects au5 thorized to be constructed in this section and described 

6 in the agreement as water supply systems and water dis7 tribution systems. 

8 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) NAVAJO WATER DEVELOPMENT FUND.— 

10 (1) IN GENERAL.—There is authorized to be 

11 appropriated to the Secretary $198,300,000 to plan, 

12 design, and construct the Navajo water development 

13 projects to remain available until expended. 

14 (2) ADJUSTMENTS.—The amount under para15 graph (1) shall be adjusted by such amounts— 

16 (A) as are contributed by the State pursu17 ant to subsection (f)(2) of section 6; and 

18 (B) as may be required by reason of 

19 changes since June 2014 in construction costs, 

20 as indicated by engineering cost indices applica21 ble to the types of construction involved. 

22 (3) USE.—In addition to the uses authorized 

23 under paragraph (1), amounts made available under 

24 that paragraph may be used for the conduct of re25 lated activities, to comply with Federal environVerDate Sep 11 2014 22:51 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S664.IS S664

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1 mental laws, or may be transferred to the Navajo 

2 OM&R Trust Account as provided in subsection 

3 (f)(3) of section 6. 

4 (b) NAVAJO OM&R TRUST ACCOUNT.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.—For 

6 the purpose of assisting the Navajo Nation with the 

7 expenses of operating, maintaining, and replacing 

8 the Navajo water development projects authorized to 

9 be constructed in section 6 and described as water 

10 supply systems and water distribution systems in the 

11 agreement, there is authorized to be appropriated 

12 $11,100,000 to be deposited in the Navajo OM&R 

13 trust account established pursuant to subsection (k) 

14 of section 6, which funds shall be retained until ex15 pended. 

16 (2) MANAGEMENT OF ACCOUNT.—The Sec17 retary shall manage the account in accordance with 

18 the American Indian Trust Fund Management Re19 form Act of 1994 (25 U.S.C. 4001 et seq.), and 

20 shall invest amounts deposited in the account in ac21 cordance with that Act and— 

22 (A) the Act of April 1, 1880 (25 U.S.C. 

23 161); and 

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

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


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1 (3) FLUCTUATION IN COSTS.—The amount au2 thorized to be appropriated in paragraph (1) shall be 

3 increased or decreased, as appropriate, by such 

4 amounts as may be justified by reason of ordinary 

5 fluctuations in costs occurring after June 2014 as 

6 indicated by applicable engineering cost indices. 

7 (4) AVAILABILITY OF MONIES.—Monies appro8 priated to and deposited in the Navajo OM&R Trust 

9 Account, and investment earnings thereon, shall be 

10 made available by the Secretary to the Navajo Na11 tion beginning on the date on which title to and 

12 OM&R responsibility for the Navajo water develop13 ment projects is transferred to the Navajo Nation 

14 pursuant to subsection (h) of section 6 until such 

15 monies are exhausted. 

16 (c) PROGRAMMATIC COSTS.—There is authorized to 

17 be appropriated $1,000,000 to assist the Nation with pro18 grammatic costs associated with the settlement, including 

19 the preparation of a hydrographic survey of historic and 

20 existing water uses on the Reservation. 

21 (d) OFFSET.—To the extent necessary, the Secretary 

22 shall offset any direct spending authorized and any inter23 est earned on amounts expended pursuant to this section 

24 using such additional amounts as may be made available 

25 to the Secretary for the applicable fiscal year. 


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1 SEC. 8. RESERVED WATER RIGHTS. 

2 (a) QUANTIFICATION.—The Navajo Nation shall have 

3 the right to use water from water sources located within 

4 Utah and adjacent to or encompassed within the bound5 aries of the Reservation resulting in depletions not to ex6 ceed 81,500 acre-feet annually as described in the agree7 ment. 

8 (b) RIGHTS OF MEMBERS AND ALLOTTEES.—Any 

9 entitlement to water of any member or any allottee for 

10 lands within the Reservation or for any allotment shall be 

11 satisfied out of the Navajo Nation water rights recognized 

12 in the agreement and this Act. 

13 (c) HELD IN TRUST.—The water rights of the Navajo 

14 Nation and the allottees, all as described in the agreement 

15 and as adjudicated in the decree, shall be held in trust 

16 by the United States on behalf of the Navajo Nation and 

17 allottees, respectively. 

18 (d) FORFEITURE AND ABANDONMENT.—The water 

19 rights of the Navajo Nation and the allottees, all as de20 scribed in the agreement and adjudicated in the decree, 

21 shall not be subject to loss by non-use, forfeiture, aban22 donment, or other operation of law. 

23 SEC. 9. CONDITIONS PRECEDENT. 

24 (a) IN GENERAL.—The waivers and release contained 

25 in section 10 of this Act shall become effective as of the 


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1 date the Secretary causes to be published in the Federal 

2 Register a statement of findings that— 

3 (1) to the extent that the agreement conflicts 

4 with the Act, the agreement has been revised to con5 form with this Act; 

6 (2) the agreement, so revised, including waivers 

7 and releases of claims set forth in section 10, has 

8 been executed by the parties, including the United 

9 States; 

10 (3) Congress has fully appropriated, or the Sec11 retary has provided from other authorized sources, 

12 all funds authorized by subsections (a) and (b) of 

13 section 7; 

14 (4) the State has enacted any necessary legisla15 tion and provided the funding required under the 

16 agreement and subsection (f)(2) of section 6 of this 

17 Act; and 

18 (5) the court has entered a final or interlocu19 tory decree that— 

20 (A) confirms the water rights of the Nav21 ajo Nation; 

22 (B) with respect to the water rights of the 

23 Navajo Nation, is final as to all parties to the 

24 general stream adjudication and from which no 

25 further appeals may be taken; and 


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1 (C) the Secretary, in consultation with the 

2 parties, has determined is consistent in all ma3 terial respects with the agreement and with the 

4 proposed judgment and decree agreed to by the 

5 parties to the agreement. 

6 (b) EXPIRATION DATE.—If all the conditions prece7 dent described in subsection (a) have not been fulfilled to 

8 allow the Secretary’s statement of findings to be published 

9 in the Federal Register by October 31, 2026— 

10 (1) the agreement and this Act, including waiv11 ers and releases of claims described in those docu12 ments, shall no longer be effective; 

13 (2) any funds that have been appropriated pur14 suant to section 7 of this Act but not expended shall 

15 immediately revert to the general fund of the United 

16 States; and 

17 (3) any funds contributed by the State pursu18 ant to subsection (f)(2) of section 6 of this Act but 

19 not expended shall be returned immediately to the 

20 State. 

21 (c) EXTENSION.—The expiration date set forth in 

22 subsection (b) may be extended if the Navajo Nation, the 

23 State, and the United States (acting through the Sec24 retary) agree that an extension is reasonably necessary. 


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1 SEC. 10. WAIVERS AND RELEASES. 

2 (a) CLAIMS BY THE NAVAJO NATION AND THE

3 UNITED STATES.—In return for confirmation of the Nav4 ajo Nation’s federally reserved water rights, the water 

5 rights or rights to use water of allottees in Utah, and other 

6 benefits set forth in the agreement and this Act, and in 

7 return for a waiver of claims by the State against the Na8 tion and the United States acting in its trust capacity, 

9 the Nation and the United States acting in its trust capac10 ity hereby waive and release— 

11 (1) all claims for water rights within Utah 

12 based on any and all legal theories that the Navajo 

13 Nation, allottees, or the United States acting in its 

14 trust capacity, asserted, or could have asserted, at 

15 any time in any proceeding, including to the general 

16 stream adjudication, up to and including the en17 forceability date, except to the extent that such 

18 rights are recognized in the agreement and this Act; 

19 and 

20 (2) all claims for damages, losses, or injuries to 

21 water rights or claims of interference with, diversion, 

22 or taking of water rights (including claims for injury 

23 to lands resulting from such damages, losses, inju24 ries, interference with, diversion, or taking of water 

25 rights) within Utah against the State, or any person, 


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1 entity, corporation, or municipality, that accrued at 

2 any time up to and including the enforceability date. 

3 (b) CLAIMS BY THE NAVAJO NATION AGAINST THE

4 UNITED STATES.—The Navajo Nation, on behalf of itself 

5 and its members (other than members in their individual 

6 capacity, including their capacity as allottees), shall exe7 cute a waiver and release of— 

8 (1) all claims the Navajo Nation may have 

9 against the United States relating in any manner to 

10 claims for water rights in or water of Utah that the 

11 United States acting in its trust capacity asserted, 

12 or could have asserted, in any proceeding, including 

13 the general stream adjudication; 

14 (2) all claims the Navajo Nation may have 

15 against the United States relating in any manner to 

16 damages, losses, or injuries to water, water rights, 

17 land, or other resources due to loss of water or 

18 water rights (including damages, losses, or injuries 

19 to hunting, fishing, gathering, or cultural rights due 

20 to loss of water or water rights; claims relating to 

21 interference with, diversion, or taking of water; or 

22 claims relating to failure to protect, acquire, replace, 

23 or develop water or water rights) within Utah that 

24 first accrued at any time up to and including the en25 forceability date; 


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1 (3) all claims the Nation may have against the 

2 United States relating in any manner to the litiga3 tion of claims relating to the Nation’s water rights 

4 in proceedings in Utah; and 

5 (4) all claims the Nation may have against the 

6 United States relating in any manner to the negotia7 tion, execution, or the adoption of the agreement or 

8 this Act. 

9 (c) CLAIMS BY THE STATE AGAINST THE NAVAJO

10 NATION AND THE UNITED STATES.—Except as provided 

11 in subsection (e), the State waives and releases any claims 

12 that the State may have against the Navajo Nation, 

13 allottees, and the United States acting in its trust capac14 ity, under Federal, State, or other law for— 

15 (1) all claims for injury to water rights result16 ing from the diversion or use of water on or for— 

17 (A) the Reservation; 

18 (B) Navajo trust land in Utah; 

19 (C) Navajo fee land in Utah; or 

20 (D) allotments, arising from time immemo21 rial through the enforceability date; 

22 (2) all claims for injury to water rights arising 

23 after the enforceability date resulting from the diver24 sion or use of water on or for— 

25 (A) the Navajo Reservation; 


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1 (B) Navajo trust land in Utah; 

2 (C) Navajo fee land in Utah; or 

3 (D) allotments, in a manner not in viola4 tion of the agreement or applicable law; and 

5 (3) all claims arising out of or related in any 

6 manner to the negotiation or execution of the agree7 ment, or the negotiation or enactment of this Act. 

8 (d) RESERVATION OF RIGHTS AND RETENTION OF

9 CLAIMS BY THE NAVAJO NATION AND THE UNITED

10 STATES.—Notwithstanding the waivers and releases au11 thorized in this Act, the Navajo Nation, and the United 

12 States acting in its trust capacity, retain— 

13 (1) all claims for injuries to and the enforce14 ment of the agreement and the final or interlocutory 

15 decree entered in the general stream adjudication, 

16 through such legal and equitable remedies as may be 

17 available in the decree court or the Federal District 

18 Court for the District of Utah; 

19 (2) all rights to use and protect water rights ac20 quired after the enforceability date; 

21 (3) all claims relating to activities affecting the 

22 quality of water, including any claims under the 

23 Comprehensive Environmental Response, Compensa24 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

25 seq. (including claims for damages to natural reVerDate Sep 11 2014 22:51 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S664.IS S664

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1 sources)), the Safe Drinking Water Act (42 U.S.C. 

2 300f et seq.), and the Federal Water Pollution Con3 trol Act (33 U.S.C. 1251 et seq.), the regulations 

4 implementing those Acts, and the common law; 

5 (4) all claims for water rights, and claims for 

6 injury to water rights, in States other than the State 

7 of Utah; 

8 (5) all claims, including environmental claims, 

9 under any laws (including regulations and the com10 mon law) relating to human health, safety, or the 

11 environment; and 

12 (6) all rights, remedies, privileges, immunities, 

13 and powers not specifically waived and released pur14 suant to the agreement and this Act. 

15 (e) RESERVATION OF RIGHTS AND RETENTION OF

16 CLAIMS BY THE STATE.—Notwithstanding the waivers of 

17 claims and releases described in this section, the State 

18 shall retain any right to— 

19 (1) assert claims for the enforcement of the 

20 agreement and the final or interlocutory decree en21 tered in the general stream adjudication, through 

22 such legal and equitable remedies as may be avail23 able in the State decree court or the Federal District 

24 Court for the District of Utah; 


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1 (2) assert claims for injury to, and seek en2 forcement of, the State’s rights under the judgment 

3 and decree entered by the court in the general 

4 stream adjudication; 

5 (3) assert past, present, and future claims to 

6 water that are subject to the general stream adju7 dication or other applicable law, and that are not in8 consistent with the agreement; 

9 (4) assert any claims for injury to water rights 

10 not specifically waived herein; and 

11 (5) take any action including environmental ac12 tions, under any laws (including regulations and the 

13 common law) relating to human health, safety, or 

14 the environment. 

15 (f) EFFECT OF SECTION.—Nothing in the agreement 

16 or this Act— 

17 (1) affects the ability of the United States act18 ing in its sovereign capacity to take actions author19 ized by law, including any laws relating to health, 

20 safety, or the environment, including the Com21 prehensive Environmental Response, Compensation, 

22 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

23 the Safe Drinking Water Act (42 U.S.C. 300f et 

24 seq.), the Federal Water Pollution Control Act (33 

25 U.S.C. 1251 et seq.), the Solid Waste Disposal Act 


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1 (42 U.S.C. 6901 et seq.), and the regulations imple2 menting those laws; 

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

4 take actions in its capacity as trustee for any other 

5 Indian tribe or allottee; 

6 (3) confers jurisdiction on any State court to— 

7 (A) interpret Federal law regarding health, 

8 safety, or the environment or determine the du9 ties of the United States or other parties pursu10 ant to such Federal law; and 

11 (B) conduct judicial review of Federal 

12 agency action; or 

13 (4) modifies, conflicts with, preempts, or other14 wise affects— 

15 (A) the Boulder Canyon Project Act (43 

16 U.S.C. 617 et seq.); 

17 (B) the Boulder Canyon Project Adjust18 ment Act (54 Stat. 774, chapter 643); 

19 (C) the Act of April 11, 1956 (commonly 

20 known as the ‘‘Colorado River Storage Project 

21 Act’’) (43 U.S.C. 620 et seq.); 

22 (D) the Act of September 30, 1968 (com23 monly known as the ‘‘Colorado River Basin 

24 Project Act’’) (82 Stat. 885); 


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1 (E) the Treaty between the United States 

2 of America and Mexico respecting utilization of 

3 waters of the Colorado and Tijuana Rivers and 

4 of the Rio Grande, signed at Washington Feb5 ruary 3, 1944 (59 Stat. 1219); 

6 (F) the Colorado River Compact of 1922, 

7 as approved by the Presidential Proclamation of 

8 June 25, 1929 (46 Stat. 3000); and 

9 (G) the Upper Colorado River Basin Com10 pact as consented to by the Act of April 6, 

11 1949 (63 Stat. 31, chapter 48). 

12 (g) TOLLING OF CLAIMS.— 

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

14 limitation and time-based equitable defense relating 

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

16 the period beginning on the date of enactment of 

17 this Act and ending on the enforceability date. 

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

19 subsection revives any claim or tolls any period of 

20 limitation or time-based equitable defense that ex21 pired before the date of enactment of this Act. 

22 (3) LIMITATION.—Nothing in this section pre23 cludes the tolling of any period of limitations or any 

24 time-based equitable defense under any other appli25 cable law. 


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1 SEC. 11. MISCELLANEOUS PROVISIONS. 

2 (a) PRECEDENT.—Nothing in this Act establishes 

3 any standard for the quantification or litigation of Federal 

4 reserved water rights or any other Indian water claims of 

5 any other Indian tribes in any other judicial or administra6 tive proceeding. 

7 (b) OTHER INDIAN TRIBES.—Nothing in the agree8 ment or this Act shall be construed in any way to quantify 

9 or otherwise adversely affect the water rights, claims, or 

10 entitlements to water of any Indian tribe, band, or com11 munity, other than the Navajo Nation. 

12 SEC. 12. AVAILABILITY OF FUNDS. 

13 If insufficient funds are appropriated to carry out 

14 this Act for a fiscal year, the Secretary may use to carry 

15 out this Act such amounts as are necessary from other 

16 amounts available to the Secretary for that fiscal year that 

17 are not otherwise obligated. 

Æ 


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