II 

118TH CONGRESS 

2D SESSION S. 4633 

To provide for the settlement of the water rights claims of the Navajo 

Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2024 

Mr. KELLY (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To provide for the settlement of the water rights claims 

of the Navajo Nation, the Hopi Tribe, and the San 

Juan Southern Paiute Tribe, 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 ‘‘Northeastern Arizona Indian Water Rights Settlement 

6 Act of 2024’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 


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Sec. 3. Definitions. 

Sec. 4. Ratification and execution of the Northeastern Arizona Indian Water 

Rights Settlement Agreement. 

Sec. 5. Water Rights. 

Sec. 6. Allocation and assignment of Colorado River Water to the Tribes; water 

delivery contracts. 

Sec. 7. Colorado River Water leases and exchanges; Uses. 

Sec. 8. iina ́ ba ́ – paa tuwaqat’si pipeline. 

Sec. 9. iina ́ ba ́ – paa tuwaqat’si pipeline Implementation Fund Account. 

Sec. 10. Navajo Nation Water Settlement Trust Fund. 

Sec. 11. Hopi Tribe Settlement Trust Fund. 

Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund. 

Sec. 13. Funding. 

Sec. 14. Waivers, releases, and retention of claims. 

Sec. 15. Satisfaction of Water Rights and other benefits. 

Sec. 16. Enforceability Date. 

Sec. 17. Colorado River accounting. 

Sec. 18. Limited waiver of sovereign immunity. 

Sec. 19. Ratification of the Treaty and creation of the San Juan Southern Paiute Reservation. 

Sec. 20. Antideficiency; savings provisions; effect. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of all claims to rights to water in the State 

5 for— 

6 (A) the Navajo Nation and Navajo 

7 Allottees; 

8 (B) the Hopi Tribe and Hopi Allottees; 

9 (C) the San Juan Southern Paiute Tribe; 

10 and 

11 (D) the United States, acting as trustee 

12 for the Navajo Nation, the Hopi Tribe, the San 

13 Juan Southern Paiute Tribe, Navajo Allottees, 

14 and Hopi Allottees; 


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1 (2) to authorize, ratify, and confirm the North2 eastern Arizona Indian Water Rights Settlement 

3 Agreement entered into by the Navajo Nation, the 

4 Hopi Tribe, the San Juan Southern Paiute Tribe, 

5 the State, and other Parties to the extent that the 

6 Settlement Agreement is consistent with this Act; 

7 (3) to authorize and direct the Secretary to exe8 cute and perform the duties and obligations of the 

9 Secretary under the Settlement Agreement and this 

10 Act; and 

11 (4) to authorize funds necessary for the imple12 mentation of the Settlement Agreement and this 

13 Act. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) 1882 RESERVATION.—The term ‘‘1882 Res17 ervation’’ means— 

18 (A) land within the exterior boundaries of 

19 the ‘‘Hopi Indian Reservation’’ defined as Dis20 trict 6 in Healing v. Jones, 210 F. Supp. 125, 

21 173 (D. Ariz. 1962), aff’d, 373 U.S. 758 

22 (1963), and Masayesva for and on Behalf of 

23 Hopi Indian Tribe v. Hale, 118 F.3d 1371, 

24 1375–76 (9th Cir. 1997); and 


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1 (B) all land withdrawn by the Executive 

2 order of December 16, 1882, and partitioned to 

3 the Hopi Tribe in accordance with section 4 of 

4 the Act of December 22, 1974 (Public Law 93– 

5 531; 88 Stat. 1713), by Judgment of Partition, 

6 February 10, 1977, Sekaquaptewa v. Mac7 Donald, Case No. CIV-579–PCT–JAW (D. 

8 Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980). 

9 (2) AFY.—The term ‘‘AFY’’ means acre-feet 

10 per year. 

11 (3) ARIZONA DEPARTMENT OF WATER RE12 SOURCES.—The term ‘‘Arizona Department of 

13 Water Resources’’ means the agency of the State es14 tablished pursuant to section 45–102 of the Arizona 

15 Revised Statutes, or a successor agency or entity. 

16 (4) BUREAU.—The term ‘‘Bureau’’ means the 

17 Bureau of Reclamation. 

18 (5) CAP; CENTRAL ARIZONA PROJECT.—The 

19 terms ‘‘CAP’’ and ‘‘Central Arizona Project’’ mean 

20 the Federal reclamation project authorized and con21 structed by the United States in accordance with 

22 title III of the Colorado River Basin Project Act (43 

23 U.S.C. 1521 et seq.). 

24 (6) CAP REPAYMENT CONTRACT.—The term 

25 ‘‘CAP Repayment Contract’’ means— 


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1 (A) the contract dated December 1, 1988 

2 (Contract No. 14–06–W–245, Amendment No. 

3 1), between the United States and the Central 

4 Arizona Water Conservation District for the de5 livery of water and the repayment of costs of 

6 the Central Arizona Project; and 

7 (B) any amendment to, or revision of, that 

8 contract. 

9 (7) CAWCD; CENTRAL ARIZONA WATER CON10 SERVATION DISTRICT.—The terms ‘‘CAWCD’’ and 

11 ‘‘Central Arizona Water Conservation District’’ 

12 mean the political subdivision of the State that is 

13 the contractor under the CAP Repayment Contract. 

14 (8) CIBOLA WATER.—The term ‘‘Cibola Water’’ 

15 means the entitlement of the Hopi Tribe to the di16 version of up to 4,278 AFY of the Fourth Priority 

17 Water described in the Hopi Tribe Existing Cibola 

18 Contract. 

19 (9) COLORADO RIVER COMPACT.—The term 

20 ‘‘Colorado River Compact’’ means the Colorado 

21 River Compact of 1922, as ratified and reprinted in 

22 article 2 of chapter 7 of title 45, Arizona Revised 

23 Statutes. 


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1 (10) COLORADO RIVER SYSTEM.—The term 

2 ‘‘Colorado River System’’ has the meaning given the 

3 term in Article II(a) of the Colorado River Compact. 

4 (11) COLORADO RIVER WATER.— 

5 (A) IN GENERAL.—The term ‘‘Colorado 

6 River Water’’ means the waters of the Colorado 

7 River apportioned for Use within the State 

8 by— 

9 (i) sections 4 and 5 of the Boulder 

10 Canyon Project Act (43 U.S.C. 617c, 

11 617d); 

12 (ii) the Upper Colorado River Basin 

13 Compact of 1948, as ratified and reprinted 

14 in article 3 of chapter 7 of title 45, Ari15 zona Revised Statutes; 

16 (iii) the Colorado River Basin Project 

17 Act (43 U.S.C. 1501 et seq.); 

18 (iv) the contract for delivery of water 

19 between the United States and the State, 

20 dated February 9, 1944; and 

21 (v) the Decree. 

22 (B) LIMITATIONS.—The term ‘‘Colorado 

23 River Water’’— 


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1 (i) shall only be used for purposes of 

2 interpreting the Settlement Agreement and 

3 this Act; and 

4 (ii) shall not be used for any interpre5 tation of existing law or contract, including 

6 any law or contract described in clauses (i) 

7 through (v) of subparagraph (A). 

8 (12) DECREE.—The term ‘‘Decree’’, when used 

9 without a modifier, means— 

10 (A) the decree of the Supreme Court of the 

11 United States in Arizona v. California, 376 

12 U.S. 340 (1964); 

13 (B) the consolidated decree entered on 

14 March 27, 2006, in Arizona v. California, 547 

15 U.S. 150 (2006); and 

16 (C) any modification to a decree described 

17 in subparagraph (A) or (B). 

18 (13) DIVERSION.—The term ‘‘diversion’’ means 

19 an act to divert. 

20 (14) DIVERT.—The term ‘‘divert’’ means to re21 ceive, withdraw, develop, produce, or capture water 

22 using— 

23 (A) a ditch, canal, flume, bypass, pipeline, 

24 pit, collection or infiltration gallery, conduit, 


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1 well, pump, turnout, dam, or any other mechan2 ical device; or 

3 (B) any other human act. 

4 (15) EFFECTIVE DATE.—The term ‘‘Effective 

5 Date’’ means the date as of which the Settlement 

6 Agreement has been executed by not fewer than 30 

7 of the Parties, including— 

8 (A) the Navajo Nation; 

9 (B) the Hopi Tribe; 

10 (C) the San Juan Southern Paiute Tribe; 

11 (D) the State; 

12 (E) the Arizona State Land Department; 

13 (F) the Central Arizona Water Conserva14 tion District; 

15 (G) the Salt River Project Agricultural Im16 provement and Power District; and 

17 (H) the Salt River Valley Water Users’ As18 sociation. 

19 (16) EFFLUENT.—The term ‘‘Effluent’’ means 

20 water that— 

21 (A) has been used in the State for domes22 tic, municipal, or industrial purposes, other 

23 than solely for hydropower generation; and 


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1 (B) is available for reuse for any purpose, 

2 regardless of whether the water has been treat3 ed to improve the quality of the water. 

4 (17) ENFORCEABILITY DATE.—The term ‘‘En5 forceability Date’’ means the date described in sec6 tion 16(a). 

7 (18) FIFTH PRIORITY WATER.—The term 

8 ‘‘Fifth Priority Water’’ has the meaning given the 

9 term in the Hopi Tribe Existing Cibola Contract. 

10 (19) FOURTH PRIORITY WATER.—The term 

11 ‘‘Fourth Priority Water’’ means Colorado River 

12 Water available for delivery within the State for sat13 isfaction of entitlements— 

14 (A) in accordance with contracts, Secre15 tarial reservations, perfected rights, and other 

16 arrangements between the United States and 

17 water users in the State entered into or estab18 lished after September 30, 1968, for Use on 

19 Federal, State, or privately owned land in the 

20 State, in a total quantity not greater than 

21 164,652 AFY of diversions; and 

22 (B) after first providing for the delivery of 

23 Colorado River Water for the CAP System, in24 cluding for Use on Indian land, under section 

25 304(e) of the Colorado River Basin Project Act 


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1 (43 U.S.C. 1524(e)), in accordance with the 

2 CAP Repayment Contract. 

3 (20) GILA RIVER ADJUDICATION.—The term 

4 ‘‘Gila River Adjudication’’ means the action pending 

5 in the Superior Court of the State, in and for the 

6 County of Maricopa, In re the General Adjudication 

7 of All Rights To Use Water in The Gila River Sys8 tem and Source, W–1 (Salt), W–2 (Verde), W–3 

9 (Upper Gila), W–4 (San Pedro) (Consolidated). 

10 (21) GILA RIVER ADJUDICATION COURT.—The 

11 term ‘‘Gila River Adjudication Court’’ means the 

12 Superior Court of the State, in and for the County 

13 of Maricopa, exercising jurisdiction over the Gila 

14 River Adjudication. 

15 (22) GILA RIVER ADJUDICATION DECREE.—The 

16 term ‘‘Gila River Adjudication Decree’’ means the 

17 judgment or decree entered by the Gila River Adju18 dication Court in substantially the same form as the 

19 form of judgment attached as Exhibit 3.1.47 to the 

20 Settlement Agreement. 

21 (23) GROUNDWATER.—The term ‘‘Ground22 water’’ means all water beneath the surface of the 

23 earth within the State that is not— 

24 (A) Surface Water; 

25 (B) Colorado River Water; or 


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1 (C) Effluent. 

2 (24) HOPI ALLOTMENT.—The term ‘‘Hopi Al3 lotment’’ means any of the 11 parcels allotted pursu4 ant to section 4 of the Act of February 8, 1887 

5 (commonly known as the ‘‘Indian General Allotment 

6 Act’’) (24 Stat. 389, chapter 119; 25 U.S.C. 334), 

7 that are— 

8 (A) located within the exterior boundaries 

9 of the Hopi Reservation; and 

10 (B) held in trust by the United States for 

11 the benefit of 1 or more individual Indians 

12 under allotment record numbers AR–39, AR– 

13 40, AR–41, AR–42, AR–43, AR–44, AR–45, 

14 AR–46, AR–47, AR–48, and AR–49. 

15 (25) HOPI ALLOTTEE.—The term ‘‘Hopi Allot16 tee’’ means— 

17 (A) an individual Indian holding a bene18 ficial interest in a Hopi Allotment; or 

19 (B) an Indian Tribe holding an undivided 

20 fractional beneficial interest in a Hopi Allot21 ment. 

22 (26) HOPI FEE LAND.—The term ‘‘Hopi Fee 

23 Land’’ means land, other than Hopi Trust Land, 

24 that— 

25 (A) is located in the State; 


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1 (B) is located outside the exterior bound2 aries of the Hopi Reservation; and 

3 (C) as of the Enforceability Date, is owned 

4 by the Hopi Tribe in its own name or through 

5 an entity wholly owned or controlled by the 

6 Hopi Tribe. 

7 (27) HOPI LAND.—The term ‘‘Hopi Land’’ 

8 means— 

9 (A) the Hopi Reservation; 

10 (B) Hopi Trust Land; and 

11 (C) Hopi Fee Land. 

12 (28) HOPI RESERVATION.— 

13 (A) IN GENERAL.—The term ‘‘Hopi Res14 ervation’’ means— 

15 (i) land within the exterior boundaries 

16 of the ‘‘Hopi Indian Reservation’’ defined 

17 as District 6 in Healing v. Jones, 210 F. 

18 Supp. 125, 173 (D. Ariz. 1962), aff’d, 373 

19 U.S. 758 (1963), and Masayesva for and 

20 on Behalf of Hopi Indian Tribe v. Hale, 

21 118 F.3d 1371, 1375–76 (9th Cir. 1997); 

22 (ii) land withdrawn by the Executive 

23 Order of December 16, 1882, and parti24 tioned to the Hopi Tribe in accordance 

25 with the Act of December 22, 1974 (Public 


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1 Law 93–531; 88 Stat. 1713), by Judgment 

2 of Partition, February 10, 1977, 

3 Sekaquaptewa v. MacDonald, Case No. 

4 CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 

5 F.2d 113 (9th Cir. 1980); and 

6 (iii) land recognized as part of the 

7 Hopi Reservation in Honyoama v. Shirley, 

8 Jr., Case No. CIV 74–842–PHX–EHC (D. 

9 Ariz. 2006). 

10 (B) MAP.—Subject to subparagraph (C), 

11 the descriptions of the Hopi Reservation de12 scribed in clauses (i) through (iii) of subpara13 graph (A) are generally shown on the map at14 tached as Exhibit 3.1.56 to the Settlement 

15 Agreement. 

16 (C) CONFLICT.—In the case of a conflict 

17 between the definition in subparagraph (A) and 

18 Exhibit 3.1.56 of the Settlement Agreement, 

19 the definition in that subparagraph shall con20 trol. 

21 (29) HOPI TRIBE.—The term ‘‘Hopi Tribe’’ 

22 means the Hopi Tribe, a tribe of Hopi Indians— 

23 (A) organized under section 16 of the Act 

24 of June 18, 1934 (commonly known as the ‘‘InVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 dian Reorganization Act’’) (48 Stat. 987, chap2 ter 576; 25 U.S.C. 5123); and 

3 (B) recognized by the Secretary in the no4 tice of the Secretary entitled ‘‘Indian Entities 

5 Recognized by and Eligible To Receive Services 

6 From the United States Bureau of Indian Af7 fairs’’ (89 Fed. Reg. 944 (January 8, 2024)). 

8 (30) HOPI TRIBE AGRICULTURAL CONSERVA9 TION TRUST FUND ACCOUNT.—The term ‘‘Hopi 

10 Tribe Agricultural Conservation Trust Fund Ac11 count’’ means the account— 

12 (A) established under to section 11(b)(3); 

13 and 

14 (B) described in subparagraph 12.3.3 of 

15 the Settlement Agreement. 

16 (31) HOPI TRIBE CIBOLA WATER.—The term 

17 ‘‘Hopi Tribe Cibola Water’’ means the Fourth Pri18 ority Water, Fifth Priority Water, and Sixth Priority 

19 Water to which the Hopi Tribe is entitled pursuant 

20 to subparagraphs 5.8.2 and 5.8.3 of the Settlement 

21 Agreement. 

22 (32) HOPI TRIBE EXISTING CIBOLA CON23 TRACT.—The term ‘‘Hopi Tribe Existing Cibola 

24 Contract’’ means Contract No. 04–XX–30–W0432 

25 between the United States and the Hopi Tribe, as 


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1 amended and in full force and effect as of the Effec2 tive Date. 

3 (33) HOPI TRIBE GROUNDWATER PROJECTS.— 

4 The term ‘‘Hopi Tribe Groundwater Projects’’ 

5 means the projects described in— 

6 (A) section 11(f)(1); and 

7 (B) subparagraph 12.3.1 of the Settlement 

8 Agreement. 

9 (34) HOPI TRIBE GROUNDWATER PROJECTS

10 TRUST FUND ACCOUNT.—The term ‘‘Hopi Tribe 

11 Groundwater Projects Trust Fund Account’’ means 

12 the account— 

13 (A) established under section 11(b)(1); and 

14 (B) described in subparagraph 12.3.1 of 

15 the Settlement Agreement. 

16 (35) HOPI TRIBE LOWER BASIN COLORADO

17 RIVER WATER ACQUISITION TRUST FUND AC18 COUNT.—The term ‘‘Hopi Tribe Lower Basin Colo19 rado River Water Acquisition Trust Fund Account’’ 

20 means the account— 

21 (A) established under section 11(b)(4); and 

22 (B) described in subparagraph 12.3.4 of 

23 the Settlement Agreement. 


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1 (36) HOPI TRIBE OM&R TRUST FUND AC2 COUNT.—The term ‘‘Hopi Tribe OM&R Trust Fund 

3 Account’’ means the account— 

4 (A) established under section 11(b)(2); and 

5 (B) described in subparagraph 12.3.2 of 

6 the Settlement Agreement. 

7 (37) HOPI TRIBE UPPER BASIN COLORADO

8 RIVER WATER.—The term ‘‘Hopi Tribe Upper Basin 

9 Colorado River Water’’ means the 2,300 AFY of 

10 Upper Basin Colorado River Water allocated to the 

11 Hopi Tribe— 

12 (A) pursuant to section 6; and 

13 (B) as provided in subparagraphs 5.7 and 

14 11.1.1 of the Settlement Agreement. 

15 (38) HOPI TRIBE WATER DELIVERY CON16 TRACT.—The term ‘‘Hopi Tribe Water Delivery 

17 Contract’’ means 1 or more contracts entered into 

18 by Secretary and the Hopi Tribe in accordance with 

19 section 6 and pursuant to paragraph 11 of the Set20 tlement Agreement for the delivery of Hopi Tribe 

21 Upper Basin Colorado River Water or Hopi Tribe 

22 Cibola Water. 

23 (39) HOPI TRUST LAND.—The term ‘‘Hopi 

24 Trust Land’’ means land that— 

25 (A) is located in the State; 


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1 (B) is located outside the exterior bound2 aries of the Hopi Reservation; and 

3 (C) as of the Enforceability Date, is held 

4 in trust by the United States for the benefit of 

5 the Hopi Tribe. 

6 (40) IINA ́ BA ́ – PAA TUWAQAT’SI PIPELINE.— 

7 The term ‘‘iina ́ ba ́ – paa tuwaqat’si pipeline’’ means 

8 the water project described in— 

9 (A) section 8; and 

10 (B) subparagraph 12.1 of the Settlement 

11 Agreement. 

12 (41) IINA ́ BA ́ – PAA TUWAQAT’SI PIPELINE IM13 PLEMENTATION FUND ACCOUNT.—The term ‘‘iina ́

14 ba ́ – paa tuwaqat’si pipeline Implementation Fund 

15 Account’’ means the account— 

16 (A) established under section 9(a); and 

17 (B) described in subparagraph 12.1.1 of 

18 the Settlement Agreement. 

19 (42) IMPOUNDMENT.—The term ‘‘impound20 ment’’ means a human-made structure used to store 

21 water. 

22 (43) INJURY TO WATER.—The term ‘‘Injury to 

23 Water’’ means injury to water based on changes in 

24 or degradation of the salinity or concentration of 


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1 naturally occurring chemical constituents contained 

2 in water. 

3 (44) INJURY TO WATER RIGHTS.— 

4 (A) IN GENERAL.—The term ‘‘Injury to 

5 Water Rights’’ means an interference with, 

6 diminution of, or deprivation of Water Rights 

7 under Federal, State, or other law. 

8 (B) EXCLUSION.—The term ‘‘Injury to 

9 Water Rights’’ does not include any injury to 

10 water quality. 

11 (45) IRRIGATION.—The term ‘‘irrigation’’ 

12 means the Use of water on 2 or more acres of land 

13 to produce plants or parts of plants— 

14 (A) for sale or human consumption; or 

15 (B) as feed for livestock, range livestock, 

16 or poultry. 

17 (46) LCR.—The term ‘‘LCR’’ means the Little 

18 Colorado River. 

19 (47) LCR ADJUDICATION.—The term ‘‘LCR Ad20 judication’’ means the action pending in the Supe21 rior Court of the State, in and for the County of 

22 Apache, In re: the General Adjudication of All 

23 Rights to Use Water in the Little Colorado River 

24 System and Source, CIV No. 6417. 


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1 (48) LCR ADJUDICATION COURT.—The term 

2 ‘‘LCR Adjudication Court’’ means the Superior 

3 Court of the State, in and for the County of Apache, 

4 exercising jurisdiction over the LCR Adjudication. 

5 (49) LCR DECREE.—The term ‘‘LCR Decree’’ 

6 means the judgment or decree entered by the LCR 

7 Adjudication Court in substantially the same form 

8 as the form of judgment attached as Exhibit 3.1.82 

9 to the Settlement Agreement. 

10 (50) LCR WATERSHED.—The term ‘‘LCR Wa11 tershed’’ means land located within the Surface 

12 Water drainage of the LCR and its tributaries in the 

13 State, as shown on the map attached as Exhibit 

14 3.1.83 to the Settlement Agreement. 

15 (51) LOWER BASIN.—The term ‘‘Lower Basin’’ 

16 has the meaning given the term in Article II(g) of 

17 the Colorado River Compact. 

18 (52) MEMBER.—The term ‘‘Member’’ means 

19 any person duly enrolled as a member of the Navajo 

20 Nation, the Hopi Tribe, or the San Juan Southern 

21 Paiute Tribe. 

22 (53) NAVAJO ALLOTMENT.—The term ‘‘Navajo 

23 Allotment’’ means a parcel of land patented pursu24 ant to section 1 of the Act of February 8, 1887 

25 (commonly known as the ‘‘Indian General Allotment 


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1 Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331) 

2 (as in effect on the day before the date of enactment 

3 of the Indian Land Consolidation Act Amendments 

4 of 2000 (Public Law 106–462; 114 Stat. 1991))— 

5 (A) originally allotted to an individual 

6 identified in the allotting document as a Navajo 

7 Indian; 

8 (B) located within the exterior boundaries 

9 of the Navajo Reservation; and 

10 (C) held in trust by the United States for 

11 the benefit of 1 or more individual Indians. 

12 (54) NAVAJO ALLOTTEE.—The term ‘‘Navajo 

13 Allottee’’ means— 

14 (A) an individual Indian holding a bene15 ficial interest in a Navajo Allotment; or 

16 (B) an Indian Tribe holding an undivided 

17 fractional beneficial interest in a Navajo Allot18 ment. 

19 (55) NAVAJO FEE LAND.—The term ‘‘Navajo 

20 Fee Land’’ means land, other than Navajo Trust 

21 Land, that— 

22 (A) is located in the State; 

23 (B) is located outside the exterior bound24 aries of the Navajo Reservation; and 


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1 (C) as of the Enforceability Date, is owned 

2 by the Navajo Nation, whether in its own name 

3 or through an entity wholly owned or controlled 

4 by the Navajo Nation. 

5 (56) NAVAJO-GALLUP WATER SUPPLY

6 PROJECT.—The term ‘‘Navajo-Gallup Water Supply 

7 Project’’ means the project authorized, constructed, 

8 and operated pursuant to part III of the North9 western New Mexico Rural Water Projects Act 

10 (Public Law 111–11; 123 Stat. 1379). 

11 (57) NAVAJO LAND.—The term ‘‘Navajo Land’’ 

12 means— 

13 (A) the Navajo Reservation; 

14 (B) Navajo Trust Land; and 

15 (C) Navajo Fee Land. 

16 (58) NAVAJO NATION.— 

17 (A) IN GENERAL.—The term ‘‘Navajo Na18 tion’’ means the Navajo Nation, a body politic 

19 and federally recognized Indian nation recog20 nized by the Secretary in the notice of the Sec21 retary entitled ‘‘Indian Entities Recognized by 

22 and Eligible To Receive Services From the 

23 United States Bureau of Indian Affairs’’ (89 

24 Fed. Reg. 944 (January 8, 2024)), and also 

25 known variously as the ‘‘Navajo Tribe’’, the 


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1 ‘‘Navajo Tribe of Arizona, New Mexico & 

2 Utah’’, the ‘‘Navajo Tribe of Indians’’, and 

3 other similar names. 

4 (B) INCLUSIONS.—The term ‘‘Navajo Na5 tion’’ includes all bands of Navajo Indians and 

6 chapters of the Navajo Nation. 

7 (59) NAVAJO NATION AGRICULTURAL CON8 SERVATION TRUST FUND ACCOUNT.—The term 

9 ‘‘Navajo Nation Agricultural Conservation Trust 

10 Fund Account’’ means the account— 

11 (A) established under section 10(b)(3); and 

12 (B) described in subparagraph 12.2.4 of 

13 the Settlement Agreement. 

14 (60) NAVAJO NATION CIBOLA WATER.—The 

15 term ‘‘Navajo Nation Cibola Water’’ means the enti16 tlement of the Navajo Nation to the diversion of up 

17 to 100 AFY of Fourth Priority Water at the same 

18 location and for the same Uses described in the 

19 Hopi Tribe Existing Cibola Contract or the delivery 

20 and consumptive use of up to 71.5 AFY of Fourth 

21 Priority Water at locations and for Uses within the 

22 State other than as described in the Hopi Tribe Ex23 isting Cibola Contract, which shall have been as24 signed and transferred by the Hopi Tribe from its 


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1 Cibola Water under the Hopi Tribe Existing Cibola 

2 Contract to the Navajo Nation. 

3 (61) NAVAJO NATION FOURTH PRIORITY

4 WATER.—The term ‘‘Navajo Nation Fourth Priority 

5 Water’’ means the diversion right to 3,500 AFY of 

6 Fourth Priority Water reserved for Use in a Navajo7 Hopi Indian water rights settlement under para8 graph 11.3 of the Arizona Water Settlement Agree9 ment among the United States, the State, and the 

10 Central Arizona Water Conservation District— 

11 (A) as authorized by paragraphs (1) and 

12 (2) of section 106(a) of the Central Arizona 

13 Project Settlement Act of 2004 (Public Law 

14 108–451; 118 Stat. 3492); 

15 (B) as allocated to the Navajo Nation pur16 suant to section 6; and 

17 (C) as described in subparagraphs 4.9 and 

18 10.1 of the Settlement Agreement. 

19 (62) NAVAJO NATION LOWER BASIN COLORADO

20 RIVER WATER ACQUISITION TRUST FUND AC21 COUNT.—The term ‘‘Navajo Nation Lower Basin 

22 Colorado River Water Acquisition Trust Fund Ac23 count’’ means the account— 

24 (A) established under section 10(b)(5); and 


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1 (B) described in subparagraph 12.2.5 of 

2 the Settlement Agreement. 

3 (63) NAVAJO NATION OM&R TRUST FUND AC4 COUNT.—The term ‘‘Navajo Nation OM&R Trust 

5 Fund Account’’ means the account— 

6 (A) established under section 10(b)(2); and 

7 (B) described in subparagraph 12.2.2 of 

8 the Settlement Agreement. 

9 (64) NAVAJO NATION RENEWABLE ENERGY

10 TRUST FUND ACCOUNT.—The term ‘‘Navajo Nation 

11 Renewable Energy Trust Fund Account’’ means the 

12 account— 

13 (A) established under section 10(b)(4); and 

14 (B) described in subparagraph 12.2.3 of 

15 the Settlement Agreement. 

16 (65) NAVAJO NATION UPPER BASIN COLORADO

17 RIVER WATER.—The term ‘‘Navajo Nation Upper 

18 Basin Colorado River Water’’ means the 44,700 

19 AFY of Upper Basin Colorado River Water— 

20 (A) allocated to the Navajo Nation pursu21 ant to section 6; and 

22 (B) described in subparagraphs 4.7 and 

23 10.1 of the Settlement Agreement. 

24 (66) NAVAJO NATION WATER DELIVERY CON25 TRACT.—The term ‘‘Navajo Nation Water Delivery 


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1 Contract’’ means 1 or more contracts entered into 

2 by the Secretary and the Navajo Nation in accord3 ance with section 6 and pursuant to paragraph 10 

4 of the Settlement Agreement for the delivery of Nav5 ajo Nation Upper Basin Colorado River Water, Nav6 ajo Nation Cibola Water, or Navajo Nation Fourth 

7 Priority Water. 

8 (67) NAVAJO NATION WATER PROJECTS.—The 

9 term ‘‘Navajo Nation Water Projects’’ means the 

10 projects described in— 

11 (A) section 10(f)(1); and 

12 (B) subparagraph 12.2.1 of the Settlement 

13 Agreement. 

14 (68) NAVAJO NATION WATER PROJECTS TRUST

15 FUND ACCOUNT.—The term ‘‘Navajo Nation Water 

16 Projects Trust Fund Account’’ means the account— 

17 (A) established under section 10(b)(1); and 

18 (B) described in subparagraph 12.2.1 of 

19 the Settlement Agreement. 

20 (69) NAVAJO RESERVATION.— 

21 (A) IN GENERAL.—The term ‘‘Navajo Res22 ervation’’ means— 

23 (i) land within the exterior boundaries 

24 of the ‘‘Navajo Indian Reservation’’ in the 


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1 State, as defined by the Act of June 14, 

2 1934 (48 Stat. 960, chapter 521); 

3 (ii) land withdrawn by the Executive 

4 order of December 16, 1882, and parti5 tioned to the Navajo Nation in accordance 

6 with section 8(b) of the Act of December 

7 22, 1974 (Public Law 93–531; 88 Stat. 

8 1715), by Judgment of Partition, Feb9 ruary 10, 1977, Sekaquaptewa v. Mac10 Donald, Case No. CIV–579–PCT–JAW 

11 (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 

12 1980); 

13 (iii) land taken into trust as a part of 

14 the Navajo Reservation before the Effec15 tive Date pursuant to the Act of December 

16 22, 1974 (Public Law 93–531; 88 Stat. 

17 1712), a copy of which is attached as Ex18 hibit 3.1.112B to the Settlement Agree19 ment; and 

20 (iv) any land taken into trust as part 

21 of the Navajo Reservation after the Effec22 tive Date pursuant to the Act of December 

23 22, 1974 (Public Law 93–531; 88 Stat. 

24 1712), except as provided in subpara25 graphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 


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1 4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settle2 ment Agreement. 

3 (B) EXCLUSIONS.—The term ‘‘Navajo 

4 Reservation’’ does not include land within the 

5 Hopi Reservation or the San Juan Southern 

6 Paiute Reservation. 

7 (C) MAP.—Subject to subparagraph (D), 

8 the descriptions of the Navajo Reservation de9 scribed in clauses (i) through (iv) of subpara10 graph (A) are generally shown on the map at11 tached as Exhibit 3.1.112A to the Settlement 

12 Agreement. 

13 (D) CONFLICT.—In the case of a conflict 

14 between the definition in subparagraphs (A) 

15 and (B) and Exhibit 3.1.112A of the Settle16 ment Agreement, the definition described in 

17 those subparagraphs shall control. 

18 (70) NAVAJO TRIBAL UTILITY AUTHORITY.— 

19 The term ‘‘Navajo Tribal Utility Authority’’ means 

20 the enterprise established by the Navajo Nation pur21 suant to chapter 1, section 21 of the Navajo Nation 

22 Code, or a successor agency or entity. 

23 (71) NAVAJO TRUST LAND.—The term ‘‘Navajo 

24 Trust Land’’ means land that— 

25 (A) is located in the State; 


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1 (B) is located outside the exterior bound2 aries of the Navajo Reservation; and 

3 (C) as of the Enforceability Date, is held 

4 in trust by the United States for the benefit of 

5 the Navajo Nation. 

6 (72) OFF-RESERVATION.—The term ‘‘off-Res7 ervation’’ means land located in the State outside 

8 the exterior boundaries of— 

9 (A) the Navajo Reservation; 

10 (B) the Hopi Reservation; and 

11 (C) the San Juan Southern Paiute Res12 ervation. 

13 (73) OM&R.—The term ‘‘OM&R’’ means oper14 ation, maintenance, and replacement. 

15 (74) PARTY.—The term ‘‘Party’’ mean a Per16 son that is a signatory to the Settlement Agreement. 

17 (75) PERSON.— 

18 (A) IN GENERAL.—The term ‘‘Person’’ 

19 means— 

20 (i) an individual; 

21 (ii) a public or private corporation; 

22 (iii) a company; 

23 (iv) a partnership; 

24 (v) a joint venture; 

25 (vi) a firm; 


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1 (vii) an association; 

2 (viii) a society; 

3 (ix) an estate or trust; 

4 (x) any other private organization or 

5 enterprise; 

6 (xi) the United States; 

7 (xii) an Indian Tribe; 

8 (xiii) a State, territory, or country; 

9 (xiv) a governmental entity; and 

10 (xv) any political subdivision or mu11 nicipal corporation organized under or sub12 ject to the constitution and laws of the 

13 State. 

14 (B) INCLUSIONS.—The term ‘‘Person’’ in15 cludes the officers, directors, agents, insurers, 

16 representatives, employees, attorneys, assigns, 

17 subsidiaries, affiliates, enterprises, legal rep18 resentatives, predecessors, and successors in in19 terest and their heirs, of any entity or indi20 vidual described in subparagraph (A). 

21 (76) PUBLIC DOMAIN ALLOTMENT OUTSIDE

22 THE NAVAJO RESERVATION.—The term ‘‘Public Do23 main Allotment outside the Navajo Reservation’’ 

24 means any of the 51 parcels of land allotted to indi25 vidual Indians from the public domain pursuant to 


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1 section 4 of the Act of February 8, 1887 (commonly 

2 known as the ‘‘Indian General Allotment Act’’) (24 

3 Stat. 389, chapter 119; 25 U.S.C. 334) that is— 

4 (A) held in trust by the United States for 

5 the benefit of 1 or more individual Indians or 

6 Indian Tribes; and 

7 (B) located outside the exterior boundaries 

8 of the Navajo Reservation and the Hopi Res9 ervation, as depicted on the map attached as 

10 Exhibit 3.1.132A to the Settlement Agreement. 

11 (77) PUBLIC DOMAIN ALLOTMENT WITHIN THE

12 NAVAJO RESERVATION.—The term ‘‘Public Domain 

13 Allotment within the Navajo Reservation’’ means 

14 any land allotted to individual Indians from the pub15 lic domain that is— 

16 (A) held in trust by the United States for 

17 the benefit of 1 or more individual Indians or 

18 Indian Tribes; 

19 (B) located within the exterior boundaries 

20 of the Navajo Reservation; and 

21 (C) described in Exhibit 3.1.131 to the 

22 Settlement Agreement. 

23 (78) PUBLIC DOMAIN ALLOTTEE.—The term 

24 ‘‘Public Domain Allottee’’ means an individual InVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 dian or Indian Tribe holding a beneficial interest 

2 in— 

3 (A) a Public Domain Allotment outside the 

4 Navajo Reservation; or 

5 (B) a Public Domain Allotment within the 

6 Navajo Reservation. 

7 (79) SAN JUAN SOUTHERN PAIUTE FEE

8 LAND.—The term ‘‘San Juan Southern Paiute Fee 

9 Land’’ means land, other than San Juan Southern 

10 Paiute Trust Land, that— 

11 (A) is located in the State; 

12 (B) is located outside the exterior bound13 aries of the San Juan Southern Paiute Reserva14 tion; and 

15 (C) as of the Enforceability Date, is owned 

16 by the San Juan Southern Paiute Tribe, wheth17 er in its own name or through an entity wholly 

18 owned or controlled by the San Juan Southern 

19 Paiute Tribe. 

20 (80) SAN JUAN SOUTHERN PAIUTE GROUND21 WATER PROJECTS.—The term ‘‘San Juan Southern 

22 Paiute Groundwater Projects’’ means the projects 

23 described in— 

24 (A) section 12; and 


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1 (B) subparagraph 12.4.1 of the Settlement 

2 Agreement. 

3 (81) SAN JUAN SOUTHERN PAIUTE LAND.—The 

4 term ‘‘San Juan Southern Paiute Land’’ means— 

5 (A) the San Juan Southern Paiute South6 ern Area; 

7 (B) San Juan Southern Paiute Trust 

8 Land; and 

9 (C) San Juan Southern Paiute Fee Land. 

10 (82) SAN JUAN SOUTHERN PAIUTE NORTHERN

11 AREA.—The term ‘‘San Juan Southern Paiute 

12 Northern Area’’ means the land depicted on the map 

13 attached as Exhibit 3.1.146 to the Settlement 

14 Agreement. 

15 (83) SAN JUAN SOUTHERN PAIUTE RESERVA16 TION.—The term ‘‘San Juan Southern Paiute Res17 ervation’’ means the approximately 5,400 acres of 

18 land described in paragraph 6.0 of the Settlement 

19 Agreement as the San Juan Southern Paiute North20 ern Area and the San Juan Southern Paiute South21 ern Area, as depicted in the maps attached as Ex22 hibits 3.1.146 and 3.1.147 to the Settlement Agree23 ment. 

24 (84) SAN JUAN SOUTHERN PAIUTE TRIBE AGRI25 CULTURAL CONSERVATION TRUST FUND ACVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 COUNT.—The term ‘‘San Juan Southern Paiute 

2 Tribe Agricultural Conservation Trust Fund Ac3 count’’ means the account— 

4 (A) established under section 12(b)(2); and 

5 (B) described in subparagraph 12.4.3 of 

6 the Settlement Agreement. 

7 (85) SAN JUAN SOUTHERN PAIUTE TRIBE

8 GROUNDWATER PROJECTS TRUST FUND ACCOUNT.— 

9 The term ‘‘San Juan Southern Paiute Tribe 

10 Groundwater Projects Trust Fund Account’’ means 

11 the account— 

12 (A) established under section 12(b)(1); and 

13 (B) described in subparagraph 12.4.1 of 

14 the Settlement Agreement. 

15 (86) SAN JUAN SOUTHERN PAIUTE TRIBE OM&R

16 TRUST FUND ACCOUNT.—The term ‘‘San Juan 

17 Southern Paiute Tribe OM&R Trust Fund Account’’ 

18 means the account— 

19 (A) established under section 12(b)(3); and 

20 (B) described in subparagraph 12.4.2 of 

21 the Settlement Agreement. 

22 (87) SAN JUAN SOUTHERN PAIUTE SOUTHERN

23 AREA.—The term ‘‘San Juan Southern Paiute 

24 Southern Area’’ means the land depicted on the map 


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•S 4633 IS

1 attached as Exhibit 3.1.147 to the Settlement 

2 Agreement. 

3 (88) SAN JUAN SOUTHERN PAIUTE TRIBE.— 

4 The term ‘‘San Juan Southern Paiute Tribe’’ means 

5 the San Juan Southern Paiute Tribe, a body politic 

6 and federally recognized Indian Tribe, as recognized 

7 by the Secretary in the notice of the Secretary enti8 tled ‘‘Indian Entities Recognized by and Eligible To 

9 Receive Services From the United States Bureau of 

10 Indian Affairs’’ (89 Fed. Reg. 944 (January 8, 

11 2024)). 

12 (89) SAN JUAN SOUTHERN PAIUTE TRUST

13 LAND.—The term ‘‘San Juan Southern Paiute Trust 

14 Land’’ means land that— 

15 (A) is located in the State; 

16 (B) is located outside the exterior bound17 aries of the San Juan Southern Paiute Reserva18 tion; and 

19 (C) as of the Enforceability Date, is held 

20 in trust by the United States for the benefit of 

21 the San Juan Southern Paiute Tribe. 

22 (90) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the Interior. 

24 (91) SETTLEMENT AGREEMENT.—The term 

25 ‘‘Settlement Agreement’’ means— 


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•S 4633 IS

1 (A) the Northeastern Arizona Indian 

2 Water Rights Settlement Agreement dated as of 

3 May 9, 2024; and 

4 (B) any exhibits attached to that agree5 ment. 

6 (92) SIXTH PRIORITY WATER.—The term 

7 ‘‘Sixth Priority Water’’ has the meaning given the 

8 term in the Hopi Tribe Existing Cibola Contract. 

9 (93) STATE.—The term ‘‘State’’ means the 

10 State of Arizona. 

11 (94) SURFACE WATER.— 

12 (A) IN GENERAL.—The term ‘‘Surface 

13 Water’’ means all water in the State that is ap14 propriable under State law. 

15 (B) EXCLUSION.—The term ‘‘Surface 

16 Water’’ does not include Colorado River Water. 

17 (95) TREATY.—The term ‘‘Treaty’’ means the 

18 Articles of Treaty and Agreement entered into by 

19 the Navajo Nation and the San Juan Southern Pai20 ute Tribe to settle land claims and other disputes, 

21 as executed on March 18, 2000. 

22 (96) TREATY ADDENDUM.—The term ‘‘Treaty 

23 Addendum’’ means the Addendum to the Treaty en24 tered into by the Navajo Nation and the San Juan 

25 Southern Paiute Tribe on May 7, 2004. 


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1 (97) TRIBE.—The term ‘‘Tribe’’ means, indi2 vidually, as applicable— 

3 (A) the Navajo Nation; 

4 (B) the Hopi Tribe; or 

5 (C) the San Juan Southern Paiute Tribe. 

6 (98) TRIBES.—The term ‘‘Tribes’’ means, col7 lectively— 

8 (A) the Navajo Nation; 

9 (B) the Hopi Tribe; and 

10 (C) the San Juan Southern Paiute Tribe. 

11 (99) UNDERGROUND WATER.— 

12 (A) IN GENERAL.—The term ‘‘Under13 ground Water’’ means all water beneath the 

14 surface of the earth within the State, regardless 

15 of its legal characterization as appropriable or 

16 non-appropriable under Federal, State, or other 

17 law. 

18 (B) EXCLUSIONS.—The term ‘‘Under19 ground Water’’ does not include Colorado River 

20 Water or Effluent. 

21 (100) UNITED STATES.— 

22 (A) IN GENERAL.—The term ‘‘United 

23 States’’ means the United States, acting as 

24 trustee for the Tribes, their Members, the Hopi 


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1 Allottees, and the Navajo Allottees, except as 

2 otherwise expressly provided. 

3 (B) CLARIFICATION.—When used in ref4 erence to a particular agreement or contract, 

5 the term ‘‘United States’’ means the United 

6 States acting in the capacity as described in 

7 that agreement or contract. 

8 (101) UPPER BASIN.—The term ‘‘Upper 

9 Basin’’ has the meaning given the term in article 

10 II(f) of the Colorado River Compact. 

11 (102) UPPER BASIN COLORADO RIVER

12 WATER.—The term ‘‘Upper Basin Colorado River 

13 Water’’ means the 50,000 AFY of consumptive use 

14 of Colorado River Water apportioned to the State in 

15 the Upper Colorado River Basin Compact of 1948, 

16 as ratified and reprinted in article 3 of chapter 7 of 

17 title 45, Arizona Revised Statutes. 

18 (103) USE.—The term ‘‘Use’’ means any bene19 ficial use, including instream flow, recharge, storage, 

20 recovery, or any other use recognized as beneficial 

21 under applicable law. 

22 (104) WATER.—The term ‘‘water’’, when used 

23 without a modifying adjective, means Groundwater, 

24 Surface Water, Colorado River Water, or Effluent. 


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1 (105) WATER RIGHT.—The term ‘‘Water 

2 Right’’ means any right in or to Groundwater, Sur3 face Water, Colorado River Water, or Effluent under 

4 Federal, State, or other law. 

5 (106) WELL.—The term ‘‘well’’ means a 

6 human-made opening in the earth through which 

7 Underground Water may be withdrawn or obtained. 

8 (107) ZUNI TRIBE.—The term ‘‘Zuni Tribe’’ 

9 means the body politic and federally recognized In10 dian Tribe, as recognized by the Secretary in the no11 tice of the Secretary entitled ‘‘Indian Entities Rec12 ognized by and Eligible To Receive Services From 

13 the United States Bureau of Indian Affairs’’ (89 

14 Fed. Reg. 944 (January 8, 2024)). 

15 SEC. 4. RATIFICATION AND EXECUTION OF THE NORTH16 EASTERN ARIZONA INDIAN WATER RIGHTS 

17 SETTLEMENT AGREEMENT. 

18 (a) RATIFICATION.— 

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

20 Act and to the extent the Settlement Agreement 

21 does not conflict with this Act, the Settlement 

22 Agreement is authorized, ratified, and confirmed. 

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

24 Settlement Agreement, or to any exhibit attached to 

25 the Settlement Agreement requiring the signature of 


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•S 4633 IS

1 the Secretary, is executed in accordance with this 

2 Act to make the Settlement Agreement consistent 

3 with this Act, the amendment is authorized, ratified, 

4 and confirmed, to the extent the amendment is con5 sistent with this Act. 

6 (b) EXECUTION OF SETTLEMENT AGREEMENT.— 

7 (1) IN GENERAL.—To the extent the Settlement 

8 Agreement does not conflict with this Act, the Sec9 retary shall execute the Settlement Agreement, in10 cluding all exhibits to the Settlement Agreement re11 quiring the signature of the Secretary. 

12 (2) MODIFICATIONS.—Nothing in this Act pro13 hibits the Secretary from approving any modification 

14 to the Settlement Agreement, including any exhibit 

15 to the Settlement Agreement, that is consistent with 

16 this Act, to the extent the modification does not oth17 erwise require congressional approval under section 

18 2116 of the Revised Statutes (25 U.S.C. 177) or 

19 any other applicable Federal law. 

20 (c) ENVIRONMENTAL COMPLIANCE.— 

21 (1) IN GENERAL.—In implementing the Settle22 ment Agreement (including all exhibits to the Settle23 ment Agreement requiring the signature of the Sec24 retary) and this Act, the Secretary shall comply with 

25 all applicable provisions of— 


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1 (A) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 (B) the National Environmental Policy Act 

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

5 implementing regulations of that Act; and 

6 (C) all other Federal environmental laws 

7 and regulations. 

8 (2) COMPLIANCE.—In implementing the Settle9 ment Agreement and this Act, but excluding envi10 ronmental compliance related to the iina ́ ba ́ – paa 

11 tuwaqat’si pipeline, the applicable Tribe shall pre12 pare any necessary environmental documents con13 sistent with all applicable provisions of— 

14 (A) the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 (B) the National Environmental Policy Act 

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

18 implementing regulations of that Act; and 

19 (C) all other Federal environmental laws 

20 and regulations. 

21 (d) AUTHORIZATIONS.—The Secretary shall— 

22 (1) independently evaluate the documentation 

23 submitted under subsection (c)(2); and 

24 (2) be responsible for the accuracy, scope, and 

25 contents of that documentation. 


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•S 4633 IS

1 (e) EFFECT OF EXECUTION.—The execution of the 

2 Settlement Agreement by the Secretary under this section 

3 shall not constitute a major Federal action for purposes 

4 of the National Environmental Policy Act of 1969 (42 

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

6 (f) COSTS.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), any costs associated with the performance 

9 of the compliance activities under subsection (c) 

10 shall be paid from funds deposited in the Navajo 

11 Nation Water Projects Trust Fund Account, the 

12 Hopi Tribe Groundwater Projects Trust Fund Ac13 count, or the San Juan Southern Paiute Tribe 

14 Groundwater Projects Trust Fund Account, as ap15 plicable, subject to the condition that any costs asso16 ciated with the performance of Federal approval or 

17 other review of that compliance work or costs associ18 ated with inherently Federal functions shall remain 

19 the responsibility of the Secretary. 

20 (2) IINA ́ BA ́ – PAA TUWAQAT’SI PIPELINE.—Any 

21 costs associated with the performance of the compli22 ance activities under subsection (c) relating to the 

23 iina ́ ba ́ – paa tuwaqat’si pipeline shall be paid from 

24 funds deposited in the iina ́ ba ́ – paa tuwaqat’si pipe25 line Implementation Fund Account. 


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•S 4633 IS

1 SEC. 5. WATER RIGHTS. 

2 (a) CONFIRMATION OF WATER RIGHTS.— 

3 (1) IN GENERAL.—The Water Rights of the 

4 Navajo Nation, the Hopi Tribe, the San Juan 

5 Southern Paiute Tribe, the Navajo Allottees, and the 

6 Hopi Allottees as described in the Settlement Agree7 ment are ratified, confirmed, and declared to be 

8 valid. 

9 (2) USE.—Any use of water pursuant to the 

10 Water Rights described in paragraph (1) by the 

11 Navajo Nation, the Hopi Tribe, the San Juan 

12 Southern Paiute Tribe, the Navajo Allottees, or the 

13 Hopi Allottees shall be subject to the terms and con14 ditions of the Settlement Agreement and this Act. 

15 (3) CONFLICT.—In the event of a conflict be16 tween the Settlement Agreement and this Act, this 

17 Act shall control. 

18 (b) INTENT OF CONGRESS.—It is the intent of Con19 gress to provide to the Navajo Allottees benefits that are 

20 equivalent to, or exceed, the benefits the Navajo Allottees 

21 possess on the day before the date of enactment of this 

22 Act, taking into consideration— 

23 (1) the potential risks, cost, and time delay as24 sociated with litigation that would be resolved by the 

25 Settlement Agreement and this Act; 


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•S 4633 IS

1 (2) the availability of funding under this Act 

2 and from other sources; 

3 (3) the availability of water from the Water 

4 Rights of the Navajo Nation; and 

5 (4) the applicability of section 7 of the Act of 

6 February 8, 1887 (24 Stat. 390, chapter 119; 25 

7 U.S.C. 381), and this Act to protect the interests of 

8 the Navajo Allottees. 

9 (c) WATER RIGHTS TO BE HELD IN TRUST FOR THE

10 TRIBES, THE NAVAJO ALLOTTEES, AND THE HOPI

11 ALLOTTEES.—The United States shall hold the following 

12 Water Rights in trust for the benefit of the Navajo Na13 tion, the Hopi Tribe, the San Juan Southern Paiute Tribe, 

14 the Navajo Allottees, and the Hopi Allottees: 

15 (1) NAVAJO NATION AND THE NAVAJO

16 ALLOTTEES.—The United States shall hold the fol17 lowing Water Rights in trust for the benefit of the 

18 Navajo Nation and Navajo Allottees: 

19 (A) Underground Water described in sub20 paragraph 4.2 of the Settlement Agreement. 

21 (B) Springs described in subparagraph 4.4 

22 of the Settlement Agreement. 

23 (C) Little Colorado River tributary water 

24 described in subparagraph 4.5 of the Settlement 

25 Agreement. 


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•S 4633 IS

1 (D) Little Colorado River Mainstem water 

2 described in subparagraph 4.6 of the Settlement 

3 Agreement. 

4 (E) Navajo Nation Upper Basin Colorado 

5 River Water described in subparagraph 4.7 of 

6 the Settlement Agreement. 

7 (F) Navajo Nation Fourth Priority Water 

8 described in subparagraph 4.9 of the Settlement 

9 Agreement. 

10 (G) Water Rights appurtenant to or asso11 ciated with land held in trust by the United 

12 States for the benefit of the Navajo Nation, as 

13 described in subparagraphs 4.12, 4.13, 4.15, 

14 and 4.16 of the Settlement Agreement. 

15 (2) HOPI TRIBE.—The United States shall hold 

16 the following Water Rights in trust for the benefit 

17 of the Hopi Tribe: 

18 (A) Underground Water described in sub19 paragraph 5.2 of the Settlement Agreement. 

20 (B) Surface Water described in subpara21 graph 5.4 of the Settlement Agreement. 

22 (C) Springs described in subparagraph 5.5 

23 of the Settlement Agreement. 


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•S 4633 IS

1 (D) Hopi Tribe Upper Basin Colorado 

2 River Water described in subparagraph 5.7 of 

3 the Settlement Agreement. 

4 (E) Water Rights appurtenant to or asso5 ciated with land held in trust by the United 

6 States for the benefit of the Hopi Tribe, as de7 scribed in subparagraphs 5.10, 5.11, 5.12, and 

8 5.13 of the Settlement Agreement. 

9 (3) SAN JUAN SOUTHERN PAIUTE TRIBE.—The 

10 United States shall hold the following Water Rights 

11 in trust for the benefit of the San Juan Southern 

12 Paiute Tribe: 

13 (A) Underground Water described in sub14 paragraph 6.2.3 of the Settlement Agreement. 

15 (B) Surface Water described in subpara16 graph 6.2.4 of the Settlement Agreement. 

17 (C) Springs described in subparagraph 

18 6.2.6 of the Settlement Agreement. 

19 (D) Water Rights appurtenant to or asso20 ciated with land held in trust by the United 

21 States for the benefit of the San Juan Southern 

22 Paiute Tribe, as described in subparagraphs 6.5 

23 and 6.6 of the Settlement Agreement. 

24 (4) HOPI ALLOTTEES.—The United States shall 

25 hold the Water Rights described in subparagraph 


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•S 4633 IS

1 5.9 of the Settlement Agreement in trust for the 

2 benefit of the Hopi Allottees. 

3 (d) PLACES OF USE.— 

4 (1) NAVAJO NATION.—The rights of the Navajo 

5 Nation, and the United States acting as trustee for 

6 the Navajo Nation, to the water described in sub7 paragraphs 4.2, 4.4, 4.5, and 4.6 of the Settlement 

8 Agreement— 

9 (A) may be used anywhere on the Navajo 

10 Reservation or on off-Reservation land held in 

11 trust by the United States for the benefit of the 

12 Navajo Nation; but 

13 (B) may not be sold, leased, transferred, or 

14 in any way used off of the Navajo Reservation 

15 or off of land outside the Navajo Reservation 

16 that is held in trust by the United States for 

17 the benefit of the Navajo Nation. 

18 (2) HOPI TRIBE.—The rights of the Hopi 

19 Tribe, and the United States acting as trustee for 

20 the Hopi Tribe, to the water described in subpara21 graphs 5.2, 5.4, and 5.5 of the Settlement Agree22 ment— 

23 (A) may be used anywhere on the Hopi 

24 Reservation or on off-Reservation land held in 


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1 trust by the United States for the benefit of the 

2 Hopi Tribe; but 

3 (B) may not be sold, leased, transferred, or 

4 in any way used off of the Hopi Reservation or 

5 off of land outside the Hopi Reservation that is 

6 held in trust by the United States for the ben7 efit of the Hopi Tribe. 

8 (3) SAN JUAN SOUTHERN PAIUTE TRIBE.—The 

9 rights of the San Juan Southern Paiute Tribe, and 

10 the United States acting as trustee for the San Juan 

11 Southern Paiute Tribe, to the water described in 

12 subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the Settle13 ment Agreement— 

14 (A) may be used on the San Juan South15 ern Paiute Southern Area or on land outside 

16 the San Juan Southern Paiute Southern Area 

17 that is held in trust by the United States for 

18 the benefit of the San Juan Southern Paiute 

19 Tribe; but 

20 (B) may not be sold, leased, transferred, or 

21 in any way used off of the San Juan Southern 

22 Paiute Southern Area or off of land outside the 

23 San Juan Southern Paiute Southern Area that 

24 is held in trust by the United States for the 

25 benefit of the San Juan Southern Paiute Tribe. 


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1 (e) NONUSE, FORFEITURE, AND ABANDONMENT.— 

2 (1) NAVAJO NATION AND NAVAJO

3 ALLOTTEES.—Water Rights of the Navajo Nation 

4 and the Navajo Allottees described in subparagraphs 

5 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the Settlement 

6 Agreement and Water Rights relating to land held 

7 in trust by the United States for the benefit of the 

8 Navajo Nation, as described in subparagraphs 4.12, 

9 4.13, 4.15, and 4.16 of the Settlement Agreement, 

10 shall not be subject to loss by non-use, forfeiture, or 

11 abandonment. 

12 (2) HOPI TRIBE.—Water Rights of the Hopi 

13 Tribe described in subparagraphs 5.2, 5.4, 5.5, and 

14 5.7 of the Settlement Agreement and Water Rights 

15 relating to land held in trust by the United States 

16 for the benefit of the Hopi Tribe, as described in 

17 subparagraphs 5.10, 5.11, 5.12, and 5.13 of the Set18 tlement Agreement, shall not be subject to loss by 

19 non-use, forfeiture, or abandonment. 

20 (3) SAN JUAN SOUTHERN PAIUTE TRIBE.— 

21 Water Rights of the San Juan Southern Paiute 

22 Tribe described in subparagraphs 6.2.3, 6.2.4, and 

23 6.2.6 of the Settlement Agreement shall not be sub24 ject to loss by non-use, forfeiture, or abandonment. 


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1 (4) HOPI ALLOTTEES.—Water Rights of the 

2 Hopi Allottees described in subparagraph 5.9 of the 

3 Settlement Agreement shall not be subject to loss by 

4 non-use, forfeiture, or abandonment. 

5 (f) NAVAJO ALLOTTEES.— 

6 (1) APPLICABILITY OF THE ACT OF FEBRUARY

7 8, 1887.—Section 7 of the Act of February 8, 1887 

8 (24 Stat. 390, chapter 119; 25 U.S.C. 381), shall 

9 apply to the Water Rights described in subsection 

10 (c)(1). 

11 (2) ENTITLEMENT TO WATER.—The rights of 

12 Navajo Allottees, and the United States acting as 

13 trustee for Navajo Allottees, to use water on Navajo 

14 Allotments located on the Navajo Reservation shall 

15 be satisfied solely from the Water Rights described 

16 in subsection (c)(1). 

17 (3) ALLOCATIONS.—A Navajo Allottee shall be 

18 entitled to a just and equitable distribution of water 

19 for irrigation purposes. 

20 (4) CLAIMS.— 

21 (A) EXHAUSTION OF REMEDIES.—Before 

22 asserting any claim against the United States 

23 under section 7 of the Act of February 8, 1887 

24 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or 

25 any other applicable law, a Navajo Allottee shall 


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1 exhaust remedies available under the Navajo 

2 Nation Water Code or other applicable Navajo 

3 law. 

4 (B) ACTION FOR RELIEF.—After the ex5 haustion of all remedies available under the 

6 Navajo Nation Water Code or other applicable 

7 Navajo law pursuant to subparagraph (A), a 

8 Navajo Allottee may seek relief under section 7 

9 of the Act of February 8, 1887 (24 Stat. 390, 

10 chapter 119; 25 U.S.C. 381), or other applica11 ble law. 

12 (5) AUTHORITY OF THE SECRETARY.—The Sec13 retary may protect the rights of Navajo Allottees in 

14 accordance with this subsection. 

15 (g) NAVAJO NATION WATER CODE.—To the extent 

16 necessary, and subject to the approval of the Secretary, 

17 the Navajo Nation shall amend the Navajo Nation Water 

18 Code to provide— 

19 (1) that Use of water by Navajo Allottees shall 

20 be satisfied with water from the Water Rights de21 scribed in subsection (c)(1); 

22 (2) a process by which a Navajo Allottee may 

23 request that the Navajo Nation provide water in ac24 cordance with the Settlement Agreement, including 

25 the provision of water under any Navajo Allottee 


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1 lease under section 4 of the Act of June 25, 1910 

2 (36 Stat. 856, chapter 431; 25 U.S.C. 403); 

3 (3) a due process system for the consideration 

4 and determination by the Navajo Nation of any re5 quest of a Navajo Allottee (or a successor in interest 

6 to a Navajo Allottee) for an allocation of water on 

7 a Navajo Allotment, including a process for— 

8 (A) appeal and adjudication of any denied 

9 or disputed distribution of water; and 

10 (B) resolution of any contested administra11 tive decision; and 

12 (4) a requirement that any Navajo Allottee as13 serting a claim relating to the enforcement of rights 

14 of the Navajo Allottee under the Navajo Nation 

15 Water Code, including to the quantity of water allo16 cated to land of the Navajo Allottee, shall exhaust 

17 all remedies available to the Navajo Allottee under 

18 Navajo law before initiating an action against the 

19 United States or petitioning the Secretary pursuant 

20 to subsection (f)(4)(B). 

21 (h) ACTION BY THE SECRETARY.— 

22 (1) IN GENERAL.—During the period beginning 

23 on the date of enactment of this Act and ending on 

24 the date on which a Navajo Nation Water Code is 

25 amended pursuant to subsection (g), the Secretary 


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1 shall administer, with respect to the rights of the 

2 Navajo Allottees, the Water Rights identified under 

3 subsection (c)(1). 

4 (2) APPROVAL.—The Navajo Nation Water 

5 Code amendments described in subsection (g) shall 

6 not be valid unless— 

7 (A) the amendments described in that sub8 section have been approved by the Secretary; 

9 and 

10 (B) each subsequent amendment to the 

11 Navajo Nation Water Code that affects the 

12 rights of a Navajo Allottee is approved by the 

13 Secretary. 

14 (3) APPROVAL PERIOD.— 

15 (A) APPROVAL PERIOD.—Except as pro16 vided in subparagraph (B), the Secretary shall 

17 approve or disapprove the Navajo Nation Water 

18 Code amendments described in subsection (g) 

19 not later than 180 days after the date on which 

20 the amendments are submitted to the Sec21 retary. 

22 (B) EXTENSION.—The deadline described 

23 in subparagraph (A) may be extended by the 

24 Secretary after consultation with the Navajo 

25 Nation. 


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1 (i) EFFECT.—Except as otherwise expressly provided 

2 in this section, nothing in this Act— 

3 (1) authorizes any action by a Navajo Allottee 

4 against any individual or entity, or against the Nav5 ajo Nation, under Federal, State, Tribal, or local 

6 law; or 

7 (2) alters or affects the status of any action 

8 brought pursuant to section 1491(a) of title 28, 

9 United States Code. 

10 SEC. 6. ALLOCATION AND ASSIGNMENT OF COLORADO 

11 RIVER WATER TO THE TRIBES; WATER DELIV12 ERY CONTRACTS. 

13 (a) ALLOCATION AND ASSIGNMENT TO THE NAVAJO

14 NATION AND THE HOPI TRIBE.— 

15 (1) ALLOCATION AND ASSIGNMENT TO THE

16 NAVAJO NATION.— 

17 (A) NAVAJO NATION UPPER BASIN COLO18 RADO RIVER WATER.— 

19 (i) STATE AGREEMENT.—Pursuant to 

20 subparagraph 4.7.1 of the Settlement 

21 Agreement, the State has expressly agreed 

22 to the allocation described in clause (ii). 

23 (ii) ALLOCATION.—44,700 AFY of 

24 Upper Basin Colorado River Water is alloVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 cated to the Navajo Nation on the En2 forceability Date. 

3 (B) NAVAJO NATION CIBOLA WATER.— 

4 Pursuant to subparagraph 4.8.2 of the Settle5 ment Agreement, the State has recommended 

6 the assignment of Navajo Nation Cibola Water 

7 by the Hopi Tribe to the Navajo Nation effec8 tive on the Enforceability Date. 

9 (C) NAVAJO NATION FOURTH PRIORITY

10 WATER.— 

11 (i) STATE RECOMMENDATION.—Pur12 suant to subparagraph 4.9.1 of the Settle13 ment Agreement, the State has rec14 ommended the allocation described in 

15 clause (ii). 

16 (ii) ALLOCATION.—3,500 AFY of 

17 uncontracted Fourth Priority Water re18 served for Use in a Navajo-Hopi Indian 

19 Water Rights settlement under paragraph 

20 11.3 of the Arizona Water Settlement 

21 Agreement among the United States, the 

22 State, and CAWCD, as authorized by 

23 paragraphs (1) and (2) of section 106(a) 

24 of the Central Arizona Project Settlement 

25 Act of 2004 (Public Law 108–451; 118 


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1 Stat. 3492), is allocated to the Navajo Na2 tion on the Enforceability Date. 

3 (2) ALLOCATION TO HOPI TRIBE AND AMEND4 MENT TO CIBOLA CONTRACT.— 

5 (A) ARIZONA HOPI TRIBE UPPER BASIN

6 COLORADO RIVER WATER.— 

7 (i) STATE AGREEMENT.—Pursuant to 

8 subparagraph 5.7.1 of the Settlement 

9 Agreement, the State has expressly agreed 

10 to the allocation described in clause (ii). 

11 (ii) ALLOCATION.—2,300 AFY of 

12 Upper Basin Colorado River Water is allo13 cated to the Hopi Tribe on the Enforce14 ability Date. 

15 (B) HOPI TRIBE CIBOLA WATER.—Pursu16 ant to subparagraph 5.8.1 of the Settlement 

17 Agreement, the State has recommended the 

18 amendment of the existing Hopi Tribe Cibola 

19 Contract to reduce the Fourth Priority Water 

20 diversion entitlement of the Hopi Tribe to 

21 4,178 AFY, and to provide for additional Uses 

22 and places of Use of Hopi Tribe Cibola Water, 

23 effective on the Enforceability Date. 

24 (b) COLORADO RIVER WATER USE AND STORAGE.— 

25 (1) IN GENERAL.— 


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1 (A) NAVAJO NATION UPPER BASIN COLO2 RADO RIVER WATER AND HOPI TRIBE UPPER

3 BASIN COLORADO RIVER WATER.—Navajo Na4 tion Upper Basin Colorado River Water and 

5 Hopi Tribe Upper Basin Colorado River Water 

6 may be used at any location within the State. 

7 (B) NAVAJO NATION CIBOLA WATER, NAV8 AJO NATION FOURTH PRIORITY WATER, AND

9 HOPI TRIBE CIBOLA WATER.—Navajo Nation 

10 Cibola Water, Navajo Nation Fourth Priority 

11 Water, and Hopi Tribe Cibola Water may be 

12 used at any location within the State. 

13 (C) STORAGE IN ARIZONA.— 

14 (i) IN GENERAL.—Navajo Nation 

15 Upper Basin Colorado River Water, Nav16 ajo Nation Cibola Water, Navajo Nation 

17 Fourth Priority Water, Hopi Tribe Upper 

18 Basin Colorado River Water, and Hopi 

19 Tribe Cibola Water may be stored at un20 derground storage facilities or Ground21 water savings facilities located— 

22 (I) within the Navajo Reservation 

23 in accordance with Navajo law, or 

24 State law if mutually agreed to by the 

25 Navajo Nation and the State; 


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1 (II) within the Hopi Reservation 

2 in accordance with Hopi law, or State 

3 law if mutually agreed to by the Hopi 

4 Tribe and the State; 

5 (III) on any other Indian res6 ervation located in the State in ac7 cordance with applicable law; and 

8 (IV) within the State and outside 

9 of any Indian reservation in accord10 ance with State law. 

11 (ii) STORAGE CREDITS.— 

12 (I) IN GENERAL.—The Navajo 

13 Nation and the Hopi Tribe may as14 sign any long-term storage credits ac15 crued as a result of storage under 

16 clause (i) in accordance with applica17 ble law. 

18 (II) STORAGE PURSUANT TO

19 TRIBAL LAW.—Any water stored pur20 suant to Tribal law may only be re21 covered on the Indian reservation 

22 where the water was stored. 

23 (D) TRANSPORTATION OF WATER

24 THROUGH THE CAP SYSTEM.—The Navajo Na25 tion or the Hopi Tribe may transport Navajo 


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1 Nation Upper Basin Colorado River Water, 

2 Navajo Nation Cibola Water, Navajo Nation 

3 Fourth Priority Water, Hopi Tribe Upper 

4 Basin Colorado River Water, and Hopi Tribe 

5 Cibola Water through the CAP system for stor6 age or Use in accordance with all laws of the 

7 United States and the agreements between the 

8 United States and CAWCD governing the Use 

9 of the CAP system to transport water other 

10 than CAP Water, subject to payment of appli11 cable charges. 

12 (2) STORAGE IN NEW MEXICO.— 

13 (A) IN GENERAL.—The Navajo Nation 

14 may store its Navajo Nation Upper Basin Colo15 rado River Water, Navajo Nation Cibola Water, 

16 and Navajo Nation Fourth Priority Water at 

17 the Navajo Reservoir and the Frank Chee 

18 Willetto, Sr. Reservoir in New Mexico, subject 

19 to the condition that the water stored at the 

20 Navajo Reservoir or the Frank Chee Willetto, 

21 Sr. Reservoir is subsequently transported to the 

22 State for Use in the State. 

23 (B) CREDIT AGAINST UPPER BASIN COLO24 RADO RIVER WATER.— 


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1 (i) IN GENERAL.—Any storage of 

2 Navajo Nation Upper Basin Colorado 

3 River Water in the Navajo Reservoir or the 

4 Frank Chee Willetto, Sr. Reservoir shall be 

5 credited against Upper Basin Colorado 

6 River Water in the year in which the diver7 sions for storage in the Reservoir occurs. 

8 (ii) ACCOUNTING.—Water described 

9 in clause (i) shall be accounted for and re10 ported by the Secretary separately from 

11 any other water stored in the Navajo Res12 ervoir or the Frank Chee Willetto, Sr. Res13 ervoir. 

14 (C) CREDIT AGAINST STATE APPORTION15 MENT OF LOWER BASIN COLORADO RIVER

16 WATER.— 

17 (i) IN GENERAL.—Any storage of 

18 Navajo Nation Cibola Water or Navajo 

19 Nation Fourth Priority Water in the Nav20 ajo Reservoir or the Frank Chee Willetto, 

21 Sr. Reservoir shall be credited against the 

22 apportionment of the State of Lower Basin 

23 Colorado River Water in the year in which 

24 the diversion for storage in the Navajo 


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1 Reservoir or Frank Chee Willetto, Sr. Res2 ervoir occurs. 

3 (ii) ACCOUNTING.—Water described 

4 in clause (i) shall be accounted for and re5 ported by the Secretary separately from 

6 any other water stored in the Navajo Res7 ervoir or the Frank Chee Willetto, Sr. Res8 ervoir. 

9 (3) NO USE OUTSIDE ARIZONA.— 

10 (A) NAVAJO NATION.—The Navajo Na11 tion— 

12 (i) may divert its Navajo Nation 

13 Upper Basin Colorado River Water, Nav14 ajo Nation Cibola Water, and Navajo Na15 tion Fourth Priority Water in the State, 

16 New Mexico, and Utah; and 

17 (ii) with the exception of storage in 

18 the Navajo Reservoir and Frank Chee 

19 Willetto, Sr. Reservoir in New Mexico 

20 under paragraph (2), may not use, lease, 

21 exchange, forbear, or otherwise transfer 

22 any of the water for Use directly or indi23 rectly outside of the State. 

24 (B) HOPI TRIBE.—The Hopi Tribe— 


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1 (i) may divert its Hopi Tribe Upper 

2 Basin Colorado River Water and Hopi 

3 Tribe Cibola Water in the State; and 

4 (ii) may not use, lease, exchange, for5 bear, or otherwise transfer any of the 

6 water described in clause (i) for Use di7 rectly or indirectly outside of the State. 

8 (4) STORAGE CONTRACT REQUIREMENTS.— 

9 (A) IN GENERAL.—All contracts to store 

10 Navajo Nation Upper Basin Colorado River 

11 Water, Navajo Nation Cibola Water, Navajo 

12 Nation Fourth Priority Water, Hopi Tribe 

13 Upper Basin Colorado River Water or Hopi 

14 Tribe Cibola Water shall identify— 

15 (i) the place of storage of the water; 

16 (ii) the mechanisms for delivery of the 

17 water; and 

18 (iii) each point of diversion under the 

19 applicable contract. 

20 (B) CONFLICTS.—A contract to store Nav21 ajo Nation Upper Basin Colorado River Water, 

22 Navajo Nation Cibola Water, Navajo Nation 

23 Fourth Priority Water, Hopi Tribe Upper 

24 Basin Colorado River Water, or Hopi Tribe 


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1 Cibola Water shall not conflict with the Settle2 ment Agreement or this Act. 

3 (c) WATER DELIVERY CONTRACTS.—The Secretary 

4 shall enter into the following water delivery contracts, 

5 which shall be without limit as to term: 

6 (1) NAVAJO NATION WATER DELIVERY CON7 TRACTS FOR NAVAJO NATION UPPER BASIN COLO8 RADO RIVER WATER.— 

9 (A) IN GENERAL.—The Secretary shall 

10 enter into a water delivery contract with the 

11 Navajo Nation for Navajo Nation Upper Basin 

12 Colorado River Water in accordance with the 

13 Settlement Agreement, which shall provide for, 

14 among other things— 

15 (i) the delivery of up to 44,700 AFY 

16 of Navajo Nation Upper Basin Colorado 

17 River Water; 

18 (ii) 1 or more points of diversion in 

19 the State, New Mexico, and Utah; 

20 (iii) 1 or more storage locations at 

21 any place within the State and in the Nav22 ajo Reservoir and the Frank Chee Willetto, 

23 Sr. Reservoir in New Mexico; 

24 (iv) Use at any location within the 

25 State; and 


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1 (v) delivery of Navajo Nation Upper 

2 Basin Colorado River Water to the Navajo 

3 Nation’s lessees and exchange partners in 

4 the Upper Basin and the Lower Basin 

5 within the State. 

6 (B) EXISTING WATER SERVICE CON7 TRACT.— 

8 (i) IN GENERAL.—Water Service Con9 tract No. 09–WC–40–318 between the 

10 United States and the Navajo Nation 

11 dated December 23, 2009, for the delivery 

12 of up to 950 AFY of water from Lake 

13 Powell to the Navajo Nation for municipal 

14 and industrial Use within the Community 

15 of LeChee shall be replaced with a Navajo 

16 Nation Water Delivery Contract for the de17 livery of Navajo Nation Upper Basin Colo18 rado River Water that complies with sub19 paragraph (A). 

20 (ii) TERMINATION.—As provided in 

21 the Settlement Agreement, on the Enforce22 ability Date, the water service contract de23 scribed in clause (i) shall terminate. 

24 (2) NAVAJO NATION WATER DELIVERY CON25 TRACT FOR NAVAJO NATION CIBOLA WATER.—The 


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1 Secretary shall enter into a water delivery contract 

2 with the Navajo Nation for the Navajo Nation 

3 Cibola Water in accordance with the Settlement 

4 Agreement, which shall provide for, among other 

5 things— 

6 (A)(i) the diversion of up to 100 AFY at 

7 the location and for the same Uses described in 

8 the Hopi Tribe Existing Cibola Contract; or 

9 (ii) delivery and consumptive use of up to 

10 71.5 AFY at locations and for Uses within the 

11 State other than as described in the Hopi Tribe 

12 Existing Cibola Contract; 

13 (B) 1 or more points of diversion in the 

14 State, New Mexico, and Utah; 

15 (C) storage in any location within the 

16 State and in the Navajo Reservoir and the 

17 Frank Chee Willetto, Sr. Reservoir in New 

18 Mexico; 

19 (D) Use at any location within the State; 

20 (E) delivery of Navajo Nation Cibola 

21 Water to the Navajo Nation’s lessees and ex22 change partners in the Upper Basin and the 

23 Lower Basin within the State; and 

24 (F) curtailment as provided in subsection 

25 (e). 


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1 (3) NAVAJO NATION WATER DELIVERY CON2 TRACT FOR NAVAJO NATION FOURTH PRIORITY

3 WATER.—The Secretary shall enter into a water de4 livery contract with the Navajo Nation for Navajo 

5 Nation Fourth Priority Water in accordance with 

6 the Settlement Agreement, which shall provide for, 

7 among other things— 

8 (A) delivery of up to 3,500 AFY of Navajo 

9 Nation Fourth Priority Water; 

10 (B) 1 or more points of diversion in the 

11 State, New Mexico, and Utah; 

12 (C) storage in any location within the 

13 State and in the Navajo Reservoir and the 

14 Frank Chee Willetto, Sr. Reservoir in New 

15 Mexico; 

16 (D) Use at any location within the State; 

17 (E) delivery of Navajo Nation Fourth Pri18 ority Water to the Navajo Nation’s lessees and 

19 exchange partners in the Upper Basin and the 

20 Lower Basin within the State; and 

21 (F) curtailment as provided in subsection 

22 (e). 

23 (4) HOPI TRIBE DELIVERY CONTRACTS FOR

24 HOPI TRIBE UPPER BASIN COLORADO RIVER

25 WATER.—The Secretary shall enter into a water deVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 livery contract with the Hopi Tribe for Hopi Tribe 

2 Upper Basin Colorado River Water in accordance 

3 with the Settlement Agreement, which shall provide 

4 for, among other things— 

5 (A) the delivery of up to 2,300 AFY of 

6 Hopi Tribe Upper Basin Colorado River Water; 

7 (B) 1 or more points of diversion in the 

8 State, including Lake Powell; 

9 (C) 1 or more storage locations at any 

10 place within the State; 

11 (D) Use at any location within the State; 

12 and 

13 (E) delivery of Hopi Tribe Upper Basin 

14 Colorado River Water to the Hopi Tribe’s les15 sees and exchange partners in the Upper Basin 

16 and the Lower Basin within the State. 

17 (5) HOPI TRIBE WATER DELIVERY CONTRACT

18 FOR HOPI TRIBE CIBOLA WATER.—The Secretary 

19 shall enter into a water delivery contact with the 

20 Hopi Tribe for Hopi Tribe Cibola Water in accord21 ance with the Settlement Agreement, which shall 

22 provide for, among other things— 

23 (A) the delivery of up to 4,178 AFY of 

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1 ority Water, and 1,000 AFY of Sixth Priority 

2 Water; 

3 (B) 1 or more points of diversion in the 

4 State, including Lake Powell; 

5 (C) storage in any location within the 

6 State; 

7 (D) Use at any location within the State, 

8 consistent with subparagraph 5.8.3 of the Set9 tlement Agreement; 

10 (E) delivery of Hopi Tribe Cibola Water to 

11 the Hopi Tribe’s lessees and exchange partners 

12 in the Upper Basin and Lower Basin within the 

13 State; and 

14 (F) curtailment as provided in subsection 

15 (e). 

16 (d) REQUIREMENTS AND LIMITATIONS APPLICABLE

17 TO WATER DELIVERY CONTRACTS.—The Navajo Nation 

18 Water Delivery Contracts and Hopi Tribe Water Delivery 

19 Contracts shall be subject to the following requirements 

20 and limitations: 

21 (1) Except for storage by the Navajo Nation at 

22 the Navajo Reservoir and the Frank Chee Willetto, 

23 Sr. Reservoir in New Mexico, a water delivery con24 tract shall not permit the Use of the water outside 

25 of the State. 


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1 (2) A water delivery contract shall not, either 

2 temporarily or permanently, alter or reduce the an3 nual Lower Basin apportionment of the State pursu4 ant to the Boulder Canyon Project Act (43 U.S.C. 

5 617 et seq.) and the Decree, or annual Upper Basin 

6 apportionment pursuant to the Upper Colorado 

7 River Basin Compact, as ratified and reprinted in 

8 article 3 of chapter 7 of title 45, Arizona Revised 

9 Statutes. 

10 (3) Nothing in a water delivery contract shall 

11 alter or impair the rights, authorities, and interests 

12 of the State under the Boulder Canyon Project Act 

13 (43 U.S.C. 617 et seq.), the contract between the 

14 United States and the State dated February 9, 

15 1944, the Upper Colorado River Basin Compact of 

16 1948, as ratified and reprinted in article 3 of chap17 ter 7 of title 45, Arizona Revised Statutes, or the 

18 Decree. 

19 (4) A water delivery contract shall not limit the 

20 ability of the State to seek or advocate changes in 

21 the operating rules, criteria, or guidelines of the Col22 orado River System as those rules, criteria, or guide23 lines apply to the apportionments of the State from 

24 the Upper Basin and the Lower Basin of the Colo25 rado River. 


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1 (5) In the event that a water delivery contract 

2 will result in the delivery of Upper Basin Colorado 

3 River Water to the Lower Basin or Lower Basin 

4 Colorado River Water to the Upper Basin, the Sec5 retary shall confer with the State prior to executing 

6 that water delivery contract with respect to— 

7 (A) the impact of the water deliveries on 

8 the availability of Upper Basin or Lower Basin 

9 Colorado River Water within the State; 

10 (B) the annual accounting conducted by 

11 the Bureau for the water on the Colorado River 

12 apportionments of the State in the Upper Basin 

13 and Lower Basin; and 

14 (C) as appropriate, the impact of the water 

15 deliveries on the operations of the Central Ari16 zona Project. 

17 (6) A water delivery contract shall identify— 

18 (A) the place of Use of the water; 

19 (B) the purpose of the Use of the water 

20 during the term of the contract; 

21 (C) the mechanism for delivery of the 

22 water; and 

23 (D) each point of diversion under the con24 tract. 


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1 (7) A water delivery contract shall not prejudice 

2 the interests of the State, or serve as precedent 

3 against the State, in any litigation relating to the 

4 apportionment, diversion, storage, or Use of water 

5 from the Colorado River System. 

6 (8) In the case of a conflict between a water de7 livery contract and this Act or the Settlement Agree8 ment, this Act or the Settlement Agreement shall 

9 control. 

10 (9) Any material amendment or modification of 

11 a water delivery contract shall comply with, and be 

12 subject to, all requirements and limitations for the 

13 water delivery contract, as described in the Settle14 ment Agreement and this Act. 

15 (10) A water delivery contract shall become ef16 fective on the Enforceability Date and, once effec17 tive, shall be permanent and without limit as to 

18 term. 

19 (11) The United States shall waive Colorado 

20 River Storage Project standby charges and delivery 

21 charges and annual administration fees for water de22 livered pursuant to a water delivery contract. 

23 (e) CURTAILMENT.— 

24 (1) NAVAJO NATION CIBOLA WATER AND NAV25 AJO NATION FOURTH PRIORITY WATER.—Delivery of 


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1 Navajo Nation Cibola Water and Navajo Nation 

2 Fourth Priority Water, regardless of the point of di3 version, shall be subject to reduction in any year in 

4 which a shortage is declared to the same extent as 

5 other non-CAP Fourth Priority Water. 

6 (2) OTHER LOWER BASIN COLORADO RIVER

7 WATER ACQUIRED BY THE NAVAJO NATION.—Any 

8 other Lower Basin Colorado River Water that the 

9 Navajo Nation may acquire shall be subject to re10 duction in any year in which a shortage is declared 

11 in accordance with criteria applied by the Secretary 

12 to water of the same priority. 

13 (3) HOPI TRIBE CIBOLA WATER.— 

14 (A) FOURTH PRIORITY.—Delivery of Hopi 

15 Tribe Cibola Water of fourth priority, regard16 less of the point of diversion, shall be subject to 

17 reduction in any year in which a shortage is de18 clared to the same extent as other non-CAP 

19 Fourth Priority Water. 

20 (B) FIFTH PRIORITY.—Delivery of Hopi 

21 Tribe Cibola Water of fifth priority, regardless 

22 of the point of diversion, shall be subject to re23 duction in any year in which a shortage is de24 clared to the same extent as other Fifth Pri25 ority Water. 


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1 (4) OTHER LOWER BASIN COLORADO RIVER

2 WATER ACQUIRED BY THE HOPI TRIBE.—Any other 

3 Lower Basin Colorado River Water that the Hopi 

4 Tribe may acquire shall be subject to reduction in 

5 any year in which a shortage is declared in accord6 ance with criteria applied by the Secretary to water 

7 of the same priority. 

8 (f) USE OF THE COLORADO RIVER MAINSTREAM AND

9 SAN JUAN RIVER.— 

10 (1) IN GENERAL.—The Secretary may use— 

11 (A) the Colorado River mainstream and 

12 dams and works on the mainstream controlled 

13 or operated by the United States, which regu14 late the flow of water in the mainstream or the 

15 diversion of water from the mainstream in the 

16 Upper Basin or the Lower Basin to transport 

17 and deliver Navajo Nation Upper Basin Colo18 rado River Water, Hopi Tribe Upper Basin Col19 orado River Water, Navajo Nation Cibola 

20 Water, Navajo Nation Fourth Priority Water, 

21 and Hopi Tribe Cibola Water; and 

22 (B) the San Juan River and the dams and 

23 works described in subparagraphs 4.7.5, 4.8.4, 

24 and 4.9.4 of the Settlement Agreement to 

25 transport, store, and deliver Navajo Nation 


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1 Upper Basin Colorado River Water, Navajo Na2 tion Cibola Water, and Navajo Nation Fourth 

3 Priority Water. 

4 (2) NAVAJO NATION UPPER BASIN COLORADO

5 RIVER WATER; HOPI TRIBE UPPER BASIN COLORADO

6 RIVER WATER.—Navajo Nation Upper Basin Colo7 rado River Water or Hopi Tribe Upper Basin Colo8 rado River Water that enters the Lower Basin at 

9 Lee Ferry shall— 

10 (A) retain its character as Upper Basin 

11 Colorado River Water; and 

12 (B) be accounted for separately by the Sec13 retary in a manner such that the Navajo Na14 tion Upper Basin Colorado River Water or the 

15 Hopi Tribe Upper Basin Colorado River Water 

16 is not subject to paragraphs II(A) and II(B) of 

17 the Decree. 

18 (3) SAN JUAN RIVER.—Navajo Nation Upper 

19 Basin Colorado River Water that enters the San 

20 Juan River and the dams and works described in 

21 subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settle22 ment Agreement shall retain its character as Upper 

23 Basin Colorado River Water, but if Navajo Nation 

24 Upper Basin Colorado River Water spills from dams 

25 on the San Juan River described in subparagraphs 


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1 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement, 

2 that water shall become part of the San Juan River 

3 system. 

4 (g) ACQUISITIONS OF ENERGY.—Amounts of energy 

5 needed to deliver water to the Navajo Nation, the Hopi 

6 Tribe, or the San Juan Southern Paiute Tribe shall be 

7 acquired by the Tribes. 

8 (h) REPORTING BY NAVAJO NATION AND HOPI

9 TRIBE.— 

10 (1) NAVAJO NATION.— 

11 (A) IN GENERAL.—Beginning on March 1 

12 of the first year following the year in which the 

13 Enforceability Date occurs, and on March 1 of 

14 each year thereafter, the Navajo Nation shall 

15 submit to the Arizona Department of Water 

16 Resources a report describing— 

17 (i) the annual diversion amount, point 

18 of diversion, and places of Use of Navajo 

19 Nation Upper Basin Colorado River 

20 Water; 

21 (ii) the annual diversion amount, 

22 point of diversion, and places of Use of 

23 Navajo Nation Cibola Water; 


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1 (iii) the annual diversion amount, 

2 point of diversion, and places of Use of 

3 Navajo Nation Fourth Priority Water; 

4 (iv) the location and annual amount 

5 of any off-Reservation storage of Navajo 

6 Nation Upper Basin Colorado River 

7 Water, Navajo Nation Cibola Water, and 

8 Navajo Nation Fourth Priority Water; 

9 (v) the amount of an off-Reservation 

10 exchange involving Navajo Nation Upper 

11 Basin Colorado River Water, Navajo Na12 tion Cibola Water, and Navajo Nation 

13 Fourth Priority Water; and 

14 (vi) the location and annual amount 

15 of Navajo Nation Upper Basin Colorado 

16 River Water, Navajo Nation Cibola Water, 

17 and Navajo Nation Fourth Priority Water 

18 leased off-Reservation. 

19 (B) MEASUREMENT OF DIVERTED

20 WATER.— 

21 (i) IN GENERAL.—In order to accu22 rately measure the flow of water diverted 

23 in the Upper Basin for Use by the Navajo 

24 Nation in the State, the Navajo Nation 

25 shall install suitable measuring devices at 


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1 or near each point of diversion of Navajo 

2 Nation Upper Basin Colorado River 

3 Water, Navajo Nation Cibola Water, and 

4 Navajo Nation Fourth Priority Water from 

5 the Colorado River’s mainstem in the 

6 Upper Basin and the San Juan River in 

7 the Upper Basin. 

8 (ii) NOTIFICATION.—The Navajo Na9 tion shall notify the Arizona Department 

10 of Water Resources, in writing, of any an11 nual reporting conflicts between the Bu12 reau, the Navajo Nation, or the Upper Col13 orado River Commission prior to the com14 pletion by the Bureau of the annual ‘‘Colo15 rado River Accounting and Water Use Re16 port for the Lower Basin’’. 

17 (2) HOPI TRIBE.— 

18 (A) IN GENERAL.—Beginning on March 1 

19 of the first year following the year in which the 

20 Enforceability Date occurs, and on March 1 of 

21 each year thereafter, the Hopi Tribe shall sub22 mit to the Arizona Department of Water Re23 sources a report describing— 


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1 (i) the annual diversion amount, point 

2 of diversion, and places of Use of Hopi 

3 Tribe Upper Basin Colorado River Water; 

4 (ii) the annual diversion amount, 

5 point of diversion, and places of Use of 

6 Hopi Tribe Cibola Water; 

7 (iii) the location and annual amount 

8 of any off-Reservation storage of Hopi 

9 Tribe Upper Basin Colorado River Water 

10 and Hopi Tribe Cibola Water; 

11 (iv) the amount of an off-Reservation 

12 exchange involving Hopi Tribe Upper 

13 Basin Colorado River Water or Hopi Tribe 

14 Cibola Water; and 

15 (v) the location and annual amount of 

16 Hopi Tribe Upper Basin Colorado River 

17 Water and Hopi Tribe Cibola Water leased 

18 off-Reservation. 

19 (B) MEASUREMENT OF DIVERTED

20 WATER.— 

21 (i) IN GENERAL.—In order to accu22 rately measure the flow of water diverted 

23 in the Upper Basin for Use by the Hopi 

24 Tribe in the State, the Hopi Tribe shall in25 stall suitable measuring devices at or near 


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1 each point of diversion of Hopi Tribe 

2 Upper Basin Colorado River Water and 

3 Hopi Tribe Cibola Water from the Colo4 rado River’s mainstem in the Upper Basin. 

5 (ii) NOTIFICATION.—The Hopi Tribe 

6 shall notify the Arizona Department of 

7 Water Resources, in writing, of any annual 

8 reporting conflicts between the Bureau, the 

9 Hopi Tribe, or the Upper Colorado River 

10 Commission prior to the completion by the 

11 Bureau of the annual ‘‘Colorado River Ac12 counting and Water Use Report for the 

13 Lower Basin’’. 

14 SEC. 7. COLORADO RIVER WATER LEASES AND EX15 CHANGES; USES. 

16 (a) IN GENERAL.—Subject to approval by the Sec17 retary— 

18 (1) the Navajo Nation may enter into leases, or 

19 options to lease, or exchanges, or options to ex20 change, Navajo Nation Upper Basin Colorado River 

21 Water, Navajo Nation Cibola Water, and Navajo 

22 Nation Fourth Priority Water, for Use and storage 

23 in the State, in accordance with the Settlement 

24 Agreement and all applicable Federal and State laws 


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1 governing the transfer of Colorado River Water enti2 tlements within the State; and 

3 (2) the Hopi Tribe may enter into leases, or op4 tions to lease, or exchanges, or options to exchange, 

5 Hopi Tribe Upper Basin Colorado River Water and 

6 Hopi Tribe Cibola Water for Use and storage in the 

7 State, in accordance with the Settlement Agreement 

8 and all applicable Federal and State laws governing 

9 the transfer of Colorado River Water entitlements 

10 within the State. 

11 (b) TERMS OF LEASES AND EXCHANGES.— 

12 (1) ON-RESERVATION LEASING.— 

13 (A) IN GENERAL.—The Navajo Nation 

14 may lease the Navajo Nation Upper Basin Col15 orado River Water, the Navajo Nation Cibola 

16 Water, and the Navajo Nation Fourth Priority 

17 Water for Use or storage on the Navajo Res18 ervation and the Hopi Tribe may lease Hopi 

19 Tribe Upper Basin Colorado River Water and 

20 Hopi Tribe Cibola Water for Use or storage on 

21 the Hopi Reservation. 

22 (B) REQUIREMENTS.—A lease or option to 

23 lease under subparagraph (A) shall be subject 

24 to— 


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1 (i) the leasing regulations of the Nav2 ajo Nation or Hopi Tribe, as applicable; 

3 and 

4 (ii) subsections (a) and (e) of the first 

5 section of the Act of August 9, 1955 (69 

6 Stat. 539, chapter 615; 25 U.S.C. 415) 

7 (commonly known as the ‘‘Long-Term 

8 Leasing Act’’). 

9 (2) EXCHANGES AND OFF-RESERVATION LEAS10 ING.— 

11 (A) NAVAJO NATION LEASING.—Subject to 

12 approval by the Secretary for an off-Reserva13 tion lease, the Navajo Nation may lease Navajo 

14 Nation Upper Basin Colorado River Water, 

15 Navajo Nation Cibola Water, and Navajo Na16 tion Fourth Priority Water for Use or storage 

17 off of the Navajo Reservation anywhere within 

18 the State, in accordance with the Settlement 

19 Agreement and all applicable Federal and State 

20 laws governing the transfer of Colorado River 

21 Water within the State. 

22 (B) HOPI TRIBE LEASING.—Subject to ap23 proval by the Secretary for an off-Reservation 

24 lease, the Hopi Tribe may lease Hopi Tribe 

25 Upper Basin Colorado River Water and Hopi 


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1 Tribe Cibola Water for Use or storage off of 

2 the Hopi Reservation anywhere within the 

3 State, in accordance with the Settlement Agree4 ment and all applicable Federal and State laws 

5 governing the transfer of Colorado River Water 

6 within the State. 

7 (C) TERM OF LEASES AND EXCHANGES.— 

8 (i) LEASES.—A contract to lease and 

9 an option to lease off of the Reservation 

10 under subparagraph (A) or (B), as applica11 ble, shall be for a term not to exceed 100 

12 years. 

13 (ii) EXCHANGES.—An exchange or op14 tion to exchange shall be for the term pro15 vided for in the exchange or option, as ap16 plicable. 

17 (D) RENEGOTIATION; RENEWAL.—The 

18 Navajo Nation and the Hopi Tribe may, with 

19 the approval of the Secretary, renegotiate any 

20 lease described in subparagraph (A) or (B), as 

21 applicable, at any time during the term of that 

22 lease, subject to the condition that the term of 

23 the renegotiated lease off of the Reservation 

24 may not exceed 100 years. 


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1 (3) REQUIREMENTS FOR ALL CONTRACTS TO

2 LEASE AND CONTRACTS TO EXCHANGE.—All con3 tracts to lease or exchange Navajo Nation Upper 

4 Basin Colorado River Water, Navajo Nation Cibola 

5 Water, Navajo Nation Fourth Priority Water, Hopi 

6 Tribe Upper Colorado River Water, and Hopi Tribe 

7 Cibola Water shall— 

8 (A) identify the places of Use of the water, 

9 the purpose of the Uses of the water during the 

10 term of the contract, the mechanisms for deliv11 ery of the water, and each point of diversion 

12 under the contract; and 

13 (B) provide that the water received from 

14 the Navajo Nation or the Hopi Tribe, as appli15 cable, shall be used in accordance with applica16 ble law. 

17 (4) NO CONFLICT WITH SETTLEMENT AGREE18 MENT OR THIS ACT.—A contract to lease or ex19 change Navajo Nation Upper Basin Colorado River 

20 Water, Navajo Nation Cibola Water, Navajo Nation 

21 Fourth Priority Water, Hopi Tribe Upper Basin 

22 Colorado River Water, or Hopi Tribe Cibola Water 

23 shall not conflict with the Settlement Agreement or 

24 this Act. 


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1 (c) PROHIBITION ON PERMANENT ALIENATION.—No 

2 Navajo Nation Upper Basin Colorado River Water, Nav3 ajo Nation Cibola Water, Navajo Nation Fourth Priority 

4 Water, Hopi Tribe Upper Basin Colorado River Water, 

5 or Hopi Tribe Cibola Water may be permanently alien6 ated. 

7 (d) ENTITLEMENT TO LEASE AND EXCHANGE MON8 IES.— 

9 (1) ENTITLEMENT.—The Navajo Nation or the 

10 Hopi Tribe, as applicable, shall be entitled to all 

11 consideration due to the Navajo Nation or Hopi 

12 Tribe under any lease, option to lease, exchange, or 

13 option to exchange Navajo Nation Upper Basin Col14 orado River Water, Navajo Nation Cibola Water, 

15 Navajo Nation Fourth Priority Water, Hopi Tribe 

16 Upper Basin Colorado River Water, or Hopi Tribe 

17 Cibola Water entered into by the Navajo Nation or 

18 the Hopi Tribe. 

19 (2) EXCLUSION.—The United States shall not, 

20 in any capacity, be entitled to the consideration de21 scribed in paragraph (1). 

22 (3) OBLIGATION OF THE UNITED STATES.—The 

23 United States shall not, in any capacity, have any 

24 trust or other obligation to monitor, administer, or 

25 account for, in any manner, any funds received by 


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1 the Navajo Nation or the Hopi Tribe as consider2 ation under any lease, option to lease, exchange, or 

3 option to exchange Navajo Nation Upper Basin Col4 orado River Water, Navajo Nation Cibola Water, 

5 Navajo Nation Fourth Priority Water, Hopi Tribe 

6 Upper Basin Colorado River Water, and Hopi Tribe 

7 Cibola Water entered into by the Navajo Nation or 

8 the Hopi Tribe. 

9 (e) DELIVERY OF COLORADO RIVER WATER TO LES10 SEES.—All lessees of Navajo Nation Upper Basin Colo11 rado River Water, Navajo Nation Cibola Water, Navajo 

12 Nation Fourth Priority Water, Hopi Tribe Upper Basin 

13 Colorado River Water, and Hopi Tribe Cibola Water shall 

14 pay all OM&R charges, all energy charges, and all other 

15 applicable charges associated with the delivery of the 

16 leased water. 

17 (f) DELIVERY OF COLORADO RIVER WATER

18 THROUGH THE CAP SYSTEM.— 

19 (1) CAWCD APPROVAL.—The Navajo Nation, 

20 the Hopi Tribe, or any person who leases Navajo 

21 Nation Upper Basin Colorado River Water, Navajo 

22 Nation Cibola Water, Navajo Nation Fourth Priority 

23 Water, Hopi Tribe Upper Basin Colorado River 

24 Water, and Hopi Tribe Cibola Water under sub25 section (a) may transport that Navajo Nation Upper 


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1 Basin Colorado River Water, Navajo Nation Cibola 

2 Water, Navajo Nation Fourth Priority Water, Hopi 

3 Tribe Upper Basin Colorado River Water, or Hopi 

4 Tribe Cibola Water, as applicable, through the CAP 

5 system in accordance with all laws of the United 

6 States and the agreements between the United 

7 States and CAWCD governing the use of the CAP 

8 system to transport water other than CAP water, 

9 and other applicable charges. 

10 (2) LESSEE RESPONSIBILITY FOR CHARGES.— 

11 Any lease or option to lease providing for the tem12 porary delivery of Navajo Nation Upper Basin Colo13 rado River Water, Navajo Nation Cibola Water, 

14 Navajo Nation Fourth Priority Water, Hopi Tribe 

15 Upper Basin Colorado River Water, and Hopi Tribe 

16 Cibola Water through the CAP system shall require 

17 the lessee to pay the CAP operating agency all CAP 

18 fixed OM&R charges and all CAP pumping energy 

19 charges associated with the delivery of the leased 

20 water, and other applicable charges. 

21 (3) NO RESPONSIBILITY FOR PAYMENT.—The 

22 Navajo Nation, the Hopi Tribe, and the United 

23 States acting in any capacity shall not be responsible 

24 for the payment of any charges associated with the 

25 delivery of Colorado River Water leased to others. 


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1 (4) PAYMENT IN ADVANCE.—No leased Navajo 

2 Nation Upper Basin Colorado River Water, Navajo 

3 Nation Cibola Water, Navajo Nation Fourth Priority 

4 Water, Hopi Tribe Upper Basin Colorado River 

5 Water, or Hopi Tribe Cibola Water shall be deliv6 ered through the CAP system unless the CAP fixed 

7 OM&R charges, the CAP pumping energy charges, 

8 and other applicable charges associated with the de9 livery of that Navajo Nation Upper Basin Colorado 

10 River Water, Navajo Nation Cibola Water, Navajo 

11 Nation Fourth Priority Water, Hopi Tribe Upper 

12 Basin Colorado River Water, or Hopi Tribe Cibola 

13 Water, as applicable, have been paid in advance. 

14 (5) CALCULATION.—The charges for delivery of 

15 Navajo Nation Upper Basin Colorado River Water, 

16 Navajo Nation Cibola Water, Navajo Nation Fourth 

17 Priority Water, Hopi Tribe Upper Basin Colorado 

18 River Water, and Hopi Tribe Cibola Water delivered 

19 through the CAP system pursuant to a lease shall 

20 be calculated in accordance with the agreements be21 tween the United States and CAWCD governing the 

22 use of the CAP system to transport water other 

23 than CAP water. 

SEC. 8. IINA ́ BA ́ 24 – PAA TUWAQAT’SI PIPELINE. 

25 (a) IINA ́ BA ́ – PAA TUWAQAT’SI PIPELINE.— 


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1 (1) PLANNING, DESIGN, AND CONSTRUCTION OF

2 THE IINA ́ BA ́ – PAA TUWAQAT’SI PIPELINE.— 

3 (A) IN GENERAL.—The Secretary, acting 

4 through the Commissioner of Reclamation, shall 

5 plan, design, and construct the iina ́ ba ́ – paa 

6 tuwaqat’si pipeline. 

7 (B) PROJECT CONSTRUCTION COM8 MITTEE.—As provided in subparagraph 12.1.4 

9 of the Settlement Agreement, the Secretary 

10 shall form a Project Construction Committee, 

11 which shall include the Navajo Nation, the Hopi 

12 Tribe, and the San Juan Southern Paiute 

13 Tribe, for purposes of planning and designing 

14 the iina ́ ba ́ – paa tuwaqat’si pipeline to provide 

15 water delivery to the Navajo Reservation, the 

16 Hopi Reservation, and the San Juan Southern 

17 Paiute Southern Area. 

18 (C) DESIGN.—The iina ́ ba ́ – paa 

19 tuwaqat’si pipeline shall be substantially config20 ured as Alternative 5, Option B-100 described 

21 in the report of the Bureau entitled ‘‘Navajo22 Hopi Value Planning Study—Arizona’’ and 

23 dated October 2020. 

24 (D) EXISTING COMPONENTS.—The iina ́ ba ́

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1 nents that have already been built or acquired 

2 by the Navajo Nation or the Hopi Tribe as a 

3 contribution by the Navajo Nation or the Hopi 

4 Tribe towards the cost of planning, designing, 

5 and constructing the pipeline. 

6 (E) USE OF PIPELINE.—The iina ́ ba ́ – paa 

7 tuwaqat’si pipeline shall deliver potable water 

8 for domestic, commercial, municipal, and indus9 trial Uses and be capable of delivering from 

10 Lake Powell— 

11 (i) up to 7,100 AFY of potable Colo12 rado River Water to the Navajo Nation for 

13 Use in delivering up to 6,750 AFY to serve 

14 Navajo communities and up to 350 AFY 

15 to serve the San Juan Southern Paiute 

16 Southern Area; and 

17 (ii) up to 3,076 AFY of potable Colo18 rado River Water to the Hopi Tribe for 

19 Use in delivering up to 3,076 AFY to serve 

20 Hopi communities. 

21 (F) COMMENCEMENT OF CONSTRUC22 TION.—Construction of the iina ́ ba ́ – paa 

23 tuwaqat’si pipeline shall commence after envi24 ronmental compliance, design, construction 

25 phasing, cost estimating, and value engineering 


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1 have occurred and the phasing of construction 

2 has been agreed by the Secretary, the Navajo 

3 Nation, and the Hopi Tribe, with the Secretary 

4 deciding on phasing if an agreement is not 

5 reached. 

6 (2) OWNERSHIP.— 

7 (A) IN GENERAL.—The iina ́ ba ́ – paa 

8 tuwaqat’si pipeline shall be owned by the 

9 United States during construction of the iina ́ ba ́

10 – paa tuwaqat’si pipeline. 

11 (B) TRANSFER OF OWNERSHIP.—On sub12 stantial completion of all or a phase of the iina ́

13 ba ́ – paa tuwaqat’si pipeline, in accordance with 

14 paragraph (3), the Secretary shall— 

15 (i) transfer title to the applicable sec16 tion of the iina ́ ba ́ – paa tuwaqat’si pipe17 line on the Navajo Reservation, except that 

18 section that lies on the Navajo Reservation 

19 between Moenkopi and the boundary of the 

20 1882 Reservation, to the Navajo Nation; 

21 and 

22 (ii) transfer title to the applicable sec23 tion of the iina ́ ba ́ – paa tuwaqat’si pipe24 line on the Hopi Reservation, and the sec25 tion of the iina ́ ba ́ – paa tuwaqat’si pipeVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 line that lies on the Navajo Reservation be2 tween Moenkopi and the boundary of the 

3 1882 Reservation and the right-of-way for 

4 that section of the iina ́ ba ́ – paa tuwaqat’si 

5 pipeline, to the Hopi Tribe. 

6 (3) SUBSTANTIAL COMPLETION.— 

7 (A) IN GENERAL.—The Secretary shall de8 termine that the iina ́ ba ́ – paa tuwaqat’si pipe9 line or a phase of the iina ́ ba ́ – paa tuwaqat’si 

10 pipeline is substantially complete after consulta11 tion with the Navajo Nation and the Hopi 

12 Tribe. 

13 (B) SUBSTANTIAL COMPLETION DE14 SCRIBED.—Substantial completion of the iina ́

15 ba ́ – paa tuwaqat’si pipeline project or a phase 

16 of the iina ́ ba ́ – paa tuwaqat’si pipeline project 

17 occurs when the infrastructure constructed is 

18 capable of storing, diverting, treating, transmit19 ting, and distributing a supply of water as set 

20 forth in the final project design described in 

21 subsection (a)(1)(C). 

22 (4) OPERATION.— 

23 (A) PROJECT OPERATION COMMITTEE.— 

24 The Secretary shall form a Project Operation 


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1 Committee, which shall include the Navajo Na2 tion and the Hopi Tribe— 

3 (i) to develop a project operations 

4 agreement to be executed by the Navajo 

5 Nation, the Hopi Tribe, and the Secretary 

6 prior to substantial completion of any 

7 phase of the iina ́ ba ́ – paa tuwaqat’si pipe8 line that will provide water to the Navajo 

9 Nation and the Hopi Tribe; and 

10 (ii) to describe all terms and condi11 tions necessary for long-term operations of 

12 the iina ́ ba ́ – paa tuwaqat’si pipeline, in13 cluding— 

14 (I) distribution of water; 

15 (II) responsibility for mainte16 nance of the iina ́ ba ́ – paa tuwaqat’si 

17 pipeline or section of the iina ́ ba ́ – paa 

18 tuwaqat’si pipeline; 

19 (III) the allocation and payment 

20 of annual OM&R costs of the iina ́ ba ́

21 – paa tuwaqat’si pipeline or section of 

22 the iina ́ ba ́ – paa tuwaqat’si pipeline 

23 based on the proportionate uses and 

24 ownership of the iina ́ ba ́ – paa 

25 tuwaqat’si pipeline; and 


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1 (IV) a right to sue in a district 

2 court of the United States to enforce 

3 the project operations agreement. 

4 (B) NAVAJO TRIBE OPERATION.—The 

5 Navajo Nation shall operate the section of the 

6 iina ́ ba ́ – paa tuwaqat’si pipeline that delivers 

7 water to the Navajo communities, other than 

8 Coal Mine Mesa, and that may deliver water 

9 through the iina ́ ba ́ – paa tuwaqat’si pipeline to 

10 the San Juan Southern Paiute Tribe. 

11 (C) HOPI TRIBE OPERATION.—The Hopi 

12 Tribe shall operate the section of the iina ́ ba ́ – 

13 paa tuwaqat’si pipeline that delivers water to 

14 Moenkopi, the 1882 Reservation, and the Nav15 ajo community of Coal Mine Mesa. 

16 (b) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 

17 (1) IN GENERAL.—In partial consideration for 

18 the funding provided under section 13, the Navajo 

19 Nation, the Hopi Tribe, and the San Juan Southern 

20 Paiute Tribe shall each timely consent to the grant 

21 of rights-of-way as described in, and in accordance 

22 with, subparagraphs 12.5.1, 12.5.2, and 12.5.3 of 

23 the Settlement Agreement. 

24 (2) LEGAL DEVICES.—With the consent of each 

25 affected Tribe, the Secretary may enter into legal 


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1 devices, other than rights-of-way, such as construc2 tion corridors, when operating within the jurisdiction 

3 of the Navajo Nation, Hopi Tribe, or San Juan 

4 Southern Paiute Tribe in furtherance of the plan5 ning, design, and construction of the iina ́ ba ́ – paa 

6 tuwaqat’si pipeline. 

7 (3) AUTHORIZATION AND GRANTING OF

8 RIGHTS-OF-WAY.—The Secretary shall grant the 

9 rights-of-way consented to by the Tribes under para10 graph (1). 

SEC. 9. IINA ́ BA ́ 11 – PAA TUWAQAT’SI PIPELINE IMPLEMENTA12 TION FUND ACCOUNT. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 a non-trust, interest-bearing account, to be known as the 

15 ‘‘iina ́ ba ́ – paa tuwaqat’si pipeline Implementation Fund 

16 Account’’, to be managed and distributed by the Sec17 retary, for use by the Secretary in carrying out this Act. 

18 (b) DEPOSITS.—The Secretary shall deposit in the 

19 iina ́ ba ́ – paa tuwaqat’si pipeline Implementation Fund 

20 Account the amounts made available pursuant to section 

21 13(a)(1). 

22 (c) USES.—The iina ́ ba ́ – paa tuwaqat’si pipeline Im23 plementation Fund Account shall be used by the Secretary 

24 to carry out section 8. 


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1 (d) INTEREST.—In addition the amounts deposited in 

2 the iina ́ ba ́ – paa tuwaqat’si pipeline Implementation 

3 Fund Account under subsection (b), any investment earn4 ings, including interest credited to amounts unexpended 

5 in the iina ́ ba ́ – paa tuwaqat’si pipeline Implementation 

6 Fund Account, are authorized to be appropriated to be 

7 used in accordance with the uses described in subsection 

8 (c). 

9 SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST 

10 FUND. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 a trust fund for the Navajo Nation, to be known as the 

13 ‘‘Navajo Nation Water Settlement Trust Fund,’’ to be 

14 managed, invested, and distributed by the Secretary and 

15 to remain available until expended, withdrawn, or reverted 

16 to the general fund of the Treasury, consisting of the 

17 amounts deposited in the Navajo Nation Water Settlement 

18 Trust Fund under subsection (c), together with any in19 vestment earnings, including interest, earned on those 

20 amounts, for the purpose of carrying out this Act. 

21 (b) ACCOUNTS.—The Secretary shall establish in the 

22 Navajo Nation Water Settlement Trust Fund the fol23 lowing accounts: 

24 (1) The Navajo Nation Water Projects Trust 

25 Fund Account. 


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1 (2) The Navajo Nation OM&R Trust Fund Ac2 count. 

3 (3) The Navajo Nation Agricultural Conserva4 tion Trust Fund Account. 

5 (4) The Navajo Nation Renewable Energy 

6 Trust Fund Account. 

7 (5) The Navajo Nation Lower Basin Colorado 

8 River Water Acquisition Trust Fund Account. 

9 (c) DEPOSITS.—The Secretary shall deposit— 

10 (1) in the Navajo Nation Water Projects Trust 

11 Fund Account, the amounts made available pursuant 

12 to subparagraph (A)(i) of section 13(b)(3); 

13 (2) in the Navajo Nation OM&R Trust Fund 

14 Account, the amounts made available pursuant to 

15 subparagraph (A)(ii) of that section; 

16 (3) in the Navajo Nation Agricultural Con17 servation Trust Fund Account, the amounts made 

18 available pursuant to subparagraph (A)(iii) of that 

19 section; 

20 (4) in the Navajo Nation Renewable Energy 

21 Trust Fund Account, the amounts made available 

22 pursuant to subparagraph (A)(iv) of that section; 

23 and 

24 (5) in the Navajo Nation Lower Basin Colorado 

25 River Water Acquisition Trust Fund Account, the 


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1 amounts made available pursuant to subparagraph 

2 (A)(v) of that section. 

3 (d) MANAGEMENT AND INTEREST.— 

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

5 the funds into the accounts in the Navajo Nation 

6 Water Settlement Trust Fund Accounts pursuant to 

7 subsection (c), the Secretary shall manage, invest, 

8 and distribute all amounts in the Navajo Nation 

9 Water Settlement Trust Fund in a manner that is 

10 consistent with the investment authority of the Sec11 retary under— 

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

13 1938 (25 U.S.C. 162a); 

14 (B) the American Indian Trust Fund Man15 agement Reform Act of 1994 (25 U.S.C. 4001 

16 et seq.); and 

17 (C) this subsection. 

18 (2) INVESTMENT EARNINGS.—In addition to 

19 the deposits made to the Navajo Nation Water Set20 tlement Trust Fund under subsection (c), any in21 vestment earnings, including interest, credited to 

22 amounts held in the Navajo Nation Water Settle23 ment Trust Fund are authorized to be appropriated 

24 to be used in accordance with subsection (f). 

25 (e) WITHDRAWALS.— 


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1 (1) AMERICAN INDIAN TRUST FUND MANAGE2 MENT REFORM ACT OF 1994.— 

3 (A) IN GENERAL.—The Navajo Nation 

4 may withdraw any portion of the amounts in 

5 the Navajo Nation Water Settlement Trust 

6 Fund on approval by the Secretary of a Tribal 

7 management plan submitted by the Navajo Na8 tion in accordance with the American Indian 

9 Trust Fund Management Reform Act of 1994 

10 (25 U.S.C. 4001 et seq.). 

11 (B) REQUIREMENTS.—In addition to the 

12 requirements under the American Indian Trust 

13 Fund Management Reform Act of 1994 (25 

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

15 plan under this paragraph shall require that the 

16 Navajo Nation spend all amounts withdrawn 

17 from the Navajo Nation Water Settlement 

18 Trust Fund, and any investment earnings ac19 crued through the investments under the Tribal 

20 management plan, in accordance with this Act. 

21 (C) ENFORCEMENT.—The Secretary may 

22 carry out such judicial and administrative ac23 tions as the Secretary determines to be nec24 essary— 


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1 (i) to enforce a Tribal management 

2 plan; and 

3 (ii) to ensure that amounts withdrawn 

4 from the Navajo Nation Water Settlement 

5 Trust Fund by the Navajo Nation under 

6 this paragraph are used in accordance with 

7 this Act. 

8 (2) EXPENDITURE PLAN.— 

9 (A) IN GENERAL.—The Navajo Nation 

10 may submit to the Secretary a request to with11 draw funds from the Navajo Nation Water Set12 tlement Trust Fund pursuant to an approved 

13 expenditure plan. 

14 (B) REQUIREMENTS.—To be eligible to 

15 withdraw funds under an expenditure plan 

16 under this paragraph, the Navajo Nation shall 

17 submit to the Secretary for approval an expend18 iture plan for any portion of the Navajo Nation 

19 Water Settlement Trust Fund that the Navajo 

20 Nation elects to withdraw pursuant to this 

21 paragraph, subject to the condition that the 

22 funds shall be used for the purposes described 

23 in this Act. 

24 (C) INCLUSIONS.—An expenditure plan 

25 under this paragraph shall include a description 


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1 of the manner and purpose for which the 

2 amounts proposed to be withdrawn from the 

3 Navajo Nation Water Settlement Trust Fund 

4 Accounts will be used by the Navajo Nation in 

5 accordance with subsection (f). 

6 (D) APPROVAL.—On receipt of an expendi7 ture plan under this paragraph, the Secretary 

8 shall approve the expenditure plan if the Sec9 retary determines that the expenditure plan— 

10 (i) is reasonable; and 

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

12 for, the purposes of this Act. 

13 (E) ENFORCEMENT.—The Secretary may 

14 carry out such judicial and administrative ac15 tions as the Secretary determines to be nec16 essary to enforce an expenditure plan under 

17 this paragraph to ensure that amounts dis18 bursed under this paragraph are used in ac19 cordance with this Act. 

20 (f) USES.—Amounts from the Navajo Nation Water 

21 Settlement Trust Fund shall be used by the Navajo Na22 tion for the following purposes: 

23 (1) NAVAJO NATION WATER PROJECTS TRUST

24 FUND ACCOUNT.—Amounts in the Navajo Nation 

25 Water Projects Trust Fund Account may only be 


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1 used for the purpose of environmental compliance, 

2 planning, engineering activities, and construction of 

3 projects designed to deliver potable water to commu4 nities, such as Leupp, Dilkon, Ganado, Black Mesa, 

5 Sweetwater, Chinle, Lupton/Nahata Dziil Area, 

6 Kayenta, and Oljato. 

7 (2) NAVAJO NATION OM&R TRUST FUND AC8 COUNT.—Amounts in the Navajo Nation OM&R 

9 Trust Fund Account may only be used to pay 

10 OM&R costs of the Navajo Water projects described 

11 in paragraph (1) and the iina ́ ba ́ – paa tuwaqat’si 

12 pipeline project. 

13 (3) NAVAJO NATION AGRICULTURAL CONSERVA14 TION TRUST FUND ACCOUNT.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), amounts in the Navajo Nation Agri17 cultural Conservation Trust Fund Account may 

18 only be used to pay the costs of improvements 

19 to reduce water shortages on the historically ir20 rigated land of the Navajo Nation, including 

21 sprinklers, drip or other efficient irrigation sys22 tems, land leveling, wells, pipelines, pumps and 

23 storage, stream bank stabilization and restora24 tion, pasture seeding and management, fencing, 

25 wind breaks, and alluvial wells. 


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1 (B) LIMITATION.—Not more than half of 

2 the amounts in the Navajo Nation Agricultural 

3 Conservation Trust Fund Account may be used 

4 for replacement and development of livestock 

5 wells and impoundments on the Navajo Res6 ervation and Navajo Trust Land. 

7 (4) NAVAJO NATION RENEWABLE ENERGY

8 TRUST FUND ACCOUNT.—Amounts in the Navajo 

9 Nation Renewable Energy Trust Fund Account may 

10 only be used to pay the cost of planning, designing, 

11 and constructing renewable energy facilities to sup12 port the costs of operating the Navajo Nation Water 

13 projects and the iina ́ ba ́ – paa tuwaqat’si pipeline. 

14 (5) NAVAJO NATION LOWER BASIN COLORADO

15 RIVER WATER ACQUISITION TRUST FUND AC16 COUNT.—Amounts in the Navajo Nation Lower 

17 Basin Colorado River Water Acquisition Trust Fund 

18 Account may only be used to purchase land within 

19 the State and associated Lower Basin Colorado 

20 River Water Rights. 

21 (g) LIABILITY.—The Secretary and the Secretary of 

22 the Treasury shall not be liable for the expenditure or in23 vestment of any amounts withdrawn from the Navajo Na24 tion Water Settlement Trust Fund by the Navajo Nation 

25 pursuant to subsection (e). 


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

2 over, and operation of any project constructed using funds 

3 from the Navajo Nation Water Settlement Trust Fund 

4 shall remain in the Navajo Nation. 

5 (i) ACCOUNT TRANSFERS.—If the activities described 

6 in any of paragraphs (1) through (5) of subsection (f) are 

7 complete and amounts remain in the applicable Trust 

8 Fund Account described in those paragraphs, the Sec9 retary, at the request of the Navajo Nation, shall transfer 

10 the remaining amounts to one of the other accounts within 

11 the Navajo Nation Water Settlement Trust Fund. 

12 (j) CONTRIBUTIONS TO THE IINA ́ BA ́ – PAA

13 TUWAQAT’SI PIPELINE.—In its sole discretion, the Navajo 

14 Nation may use amounts in the Navajo Nation Water Set15 tlement Trust Fund to supplement funds in the iina ́ ba ́

16 – paa tuwaqat’si pipeline Implementation Fund Account. 

17 (k) ANNUAL REPORT.—The Navajo Nation shall sub18 mit to the Secretary an annual expenditure report describ19 ing accomplishments and amounts spent from use of with20 drawals under a Tribal management plan approved under 

21 paragraph (1) of subsection (e) or an expenditure plan ap22 proved under paragraph (2) of that subsection. 

23 (l) NO PER CAPITA PAYMENTS.—No principal or in24 terest amount in any account established by this section 


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1 shall be distributed to any member of the Navajo Nation 

2 on a per capita basis. 

3 (m) EFFECT.—Nothing in this section entitles the 

4 Navajo Nation to judicial review of a determination of the 

5 Secretary relating to whether to approve a Tribal manage6 ment plan under paragraph (1) of subsection (e) or an 

7 expenditure plan under paragraph (2) of that subsection, 

8 except as provided under subchapter II of chapter 5, and 

9 chapter 7, of title 5, United States Code (commonly known 

10 as the ‘‘Administrative Procedure Act’’). 

11 SEC. 11. HOPI TRIBE SETTLEMENT TRUST FUND. 

12 (a) ESTABLISHMENT.—The Secretary shall establish 

13 a trust fund for the Hopi Tribe, to be known as the ‘‘Hopi 

14 Tribe Water Settlement Trust Fund’’, to be managed, in15 vested, and distributed by the Secretary and to remain 

16 available until expended, withdrawn, or reverted to the 

17 general fund of the Treasury, consisting of the amounts 

18 deposited in the Hopi Tribe Water Settlement Trust Fund 

19 under subsection (c), together with any investment earn20 ings, including interest, earned on those amounts, for the 

21 purpose of carrying out this Act. 

22 (b) ACCOUNTS.—The Secretary shall establish in the 

23 Hopi Tribe Water Settlement Trust Fund the following 

24 accounts: 


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1 (1) The Hopi Tribe Groundwater Projects 

2 Trust Fund Account. 

3 (2) The Hopi Tribe OM&R Trust Fund Ac4 count. 

5 (3) The Hopi Tribe Agricultural Conservation 

6 Trust Fund Account. 

7 (4) The Hopi Tribe Lower Basin Colorado 

8 River Water Acquisition Trust Fund Account. 

9 (c) DEPOSITS.—The Secretary shall deposit— 

10 (1) in the Hopi Tribe Groundwater Projects 

11 Trust Fund Account, the amounts made available 

12 pursuant to clause (i) of section 13(b)(3)(B); 

13 (2) in the Hopi Tribe OM&R Trust Fund Ac14 count, the amounts made available pursuant to 

15 clause (ii) of that section; 

16 (3) in the Hopi Tribe Agricultural Conservation 

17 Trust Fund Account, the amounts made available 

18 pursuant to clause (iii) of that section; and 

19 (4) in the Hopi Tribe Lower Basin Colorado 

20 River Water Acquisition Trust Fund Account, the 

21 amounts made available pursuant to clause (iv) of 

22 that section. 

23 (d) MANAGEMENT AND INTEREST.— 

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

25 the funds into the accounts in the Hopi Tribe Water 


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1 Settlement Trust Fund pursuant to subsection (c), 

2 the Secretary shall manage, invest, and distribute all 

3 amounts in the Trust Fund in a manner that is con4 sistent with the investment authority of the Sec5 retary under— 

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

7 1938 (25 U.S.C. 162a); 

8 (B) the American Indian Trust Fund Man9 agement Reform Act of 1994 (25 U.S.C. 4001 

10 et seq.); and 

11 (C) this subsection. 

12 (2) INVESTMENT EARNINGS.—In addition to 

13 the deposits made to the Hopi Tribe Water Settle14 ment Trust Fund under subsection (c), any invest15 ment earnings, including interest, credited to 

16 amounts held in accounts of the Hopi Tribe Water 

17 Settlement Trust Fund are authorized to be appro18 priated to be used in accordance with subsection (f). 

19 (e) WITHDRAWALS.— 

20 (1) AMERICAN INDIAN TRUST FUND MANAGE21 MENT REFORM ACT OF 1994.— 

22 (A) IN GENERAL.—The Hopi Tribe may 

23 withdraw any portion of the amounts in the 

24 Hopi Tribe Water Settlement Trust Fund on 

25 approval by the Secretary of a Tribal manageVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 ment plan submitted by the Hopi Tribe in ac2 cordance with the American Indian Trust Fund 

3 Management Reform Act of 1994 (25 U.S.C. 

4 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 Hopi Tribe spend all amounts withdrawn from 

11 the Hopi Tribe Water Settlement Trust Fund 

12 Accounts, and any investment earnings accrued 

13 through the investments under the Tribal man14 agement plan, in accordance with this Act. 

15 (C) ENFORCEMENT.—The Secretary may 

16 carry out such judicial and administrative ac17 tions as the Secretary determines to be nec18 essary— 

19 (i) to enforce a Tribal management 

20 plan; and 

21 (ii) to ensure that amounts withdrawn 

22 from the Hopi Tribe Water Settlement 

23 Trust Fund by the Hopi Tribe under this 

24 paragraph are used in accordance with this 

25 Act. 


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1 (2) EXPENDITURE PLAN.— 

2 (A) IN GENERAL.—The Hopi Tribe may 

3 submit to the Secretary a request to withdraw 

4 funds from the Hopi Tribe Water Settlement 

5 Trust Fund pursuant to an approved expendi6 ture plan. 

7 (B) REQUIREMENTS.—To be eligible to 

8 withdraw funds under an expenditure plan 

9 under this paragraph, the Hopi Tribe shall sub10 mit to the Secretary for approval an expendi11 ture plan for any portion of the Hopi Tribe 

12 Water Settlement Trust Fund that the Hopi 

13 Tribe elects to withdraw pursuant to this para14 graph, subject to the condition that the funds 

15 shall be used for the purposes described in this 

16 Act. 

17 (C) INCLUSIONS.—An expenditure plan 

18 under this paragraph shall include a description 

19 of the manner and purpose for which the 

20 amounts proposed to be withdrawn from the 

21 Hopi Tribe Water Settlement Trust Fund Ac22 counts will be used by the Hopi Tribe in ac23 cordance with subsection (f). 

24 (D) APPROVAL.—On receipt of an expendi25 ture plan under this paragraph, the Secretary 


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1 shall approve the expenditure plan if the Sec2 retary determines that the expenditure plan— 

3 (i) is reasonable; and 

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

5 for, the purposes of this Act. 

6 (E) ENFORCEMENT.—The Secretary may 

7 carry out such judicial and administrative ac8 tions as the Secretary determines to be nec9 essary to enforce an expenditure plan under 

10 this paragraph to ensure that amounts dis11 bursed under this paragraph are used in ac12 cordance with this Act. 

13 (f) USES.—Amounts from the Hopi Tribe Water Set14 tlement Trust Fund shall be used by the Hopi Tribe for 

15 the following purposes: 

16 (1) THE HOPI TRIBE GROUNDWATER PROJECTS

17 TRUST FUND ACCOUNT.—Amounts in the Hopi 

18 Tribe Groundwater Projects Trust Fund Account 

19 may only be used for the purpose of environmental 

20 compliance, planning, engineering and design activi21 ties, and construction to deliver water to Hopi com22 munities. 

23 (2) THE HOPI TRIBE OM&R TRUST FUND AC24 COUNT.—Amounts in the Hopi Tribe OM&R Trust 

25 Fund Account may only be used to pay the OM&R 


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1 costs of the Hopi Groundwater projects described in 

2 paragraph (1) and the iina ́ ba ́ – paa tuwaqat’si pipe3 line project. 

4 (3) THE HOPI TRIBE AGRICULTURAL CON5 SERVATION TRUST FUND ACCOUNT.—Amounts in 

6 the Hopi Tribe Agricultural Conservation Trust 

7 Fund Account may only be used to pay the costs of 

8 improvements to reduce water shortages on the his9 torically irrigated land and grazing land of the Hopi 

10 Tribe, including sprinklers, drip or other efficient ir11 rigation systems, land leveling, wells, impoundments, 

12 pipelines, pumps and storage, stream bank stabiliza13 tion and restoration, pasture seeding and manage14 ment, fencing, and wind breaks or alluvial wells, and 

15 spring restoration, repair, replacement, and reloca16 tion of low technology structures to support Akchin 

17 farming, flood-water farming, and other traditional 

18 farming practices. 

19 (4) THE HOPI TRIBE LOWER BASIN COLORADO

20 RIVER WATER ACQUISITION TRUST FUND AC21 COUNT.—Amounts in the Hopi Tribe Lower Basin 

22 Colorado River Water Acquisition Trust Fund Ac23 count may only be used to purchase land within the 

24 State and associated Lower Basin Colorado River 

25 Water Rights. 


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1 (g) LIABILITY.—The Secretary and the Secretary of 

2 the Treasury shall not be liable for the expenditure or in3 vestment of any amounts withdrawn from the Hopi Tribe 

4 Water Settlement Trust Fund Accounts by the Hopi Tribe 

5 pursuant to subsection (e). 

6 (h) TITLE TO INFRASTRUCTURE.—Title to, control 

7 over, and operation of any project constructed using funds 

8 from the Hopi Tribe Water Settlement Trust Fund shall 

9 remain in the Hopi Tribe. 

10 (i) ACCOUNT TRANSFERS.—If the activities described 

11 in any of paragraphs (1) through (4) of subsection (f) are 

12 complete and amounts remain in the applicable Trust 

13 Fund Account described in those paragraphs, the Sec14 retary, at the request of the Hopi Tribe, shall transfer 

15 the remaining amounts to one of the other accounts within 

16 the Hopi Tribe Water Settlement Trust Fund. 

17 (j) CONTRIBUTIONS TO THE IINA ́ BA ́ – PAA

18 TUWAQAT’SI PIPELINE.—In its sole discretion, the Hopi 

19 Tribe may use amounts in the Hopi Tribe Water Settle20 ment Trust Fund to supplement funds in the iina ́ ba ́ – 

21 paa tuwaqat’si pipeline Implementation Fund Account. 

22 (k) ANNUAL REPORT.—The Hopi Tribe shall submit 

23 to the Secretary an annual expenditure report describing 

24 accomplishments and amounts spent from use of with25 drawals under a Tribal management plan under paraVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 graph (1) of subsection (e) or an expenditure plan under 

2 paragraph (2) of that subsection. 

3 (l) NO PER CAPITA PAYMENTS.—No principal or in4 terest amount in any account established by this section 

5 shall be distributed to any member of the Hopi Tribe on 

6 a per capita basis. 

7 (m) EFFECT.—Nothing in this section entitles the 

8 Hopi Tribe to judicial review of a determination of the 

9 Secretary regarding whether to approve a Tribal manage10 ment plan under paragraph (1) of subsection (e) or an 

11 expenditure plan under paragraph (2) of that subsection, 

12 except as provided under subchapter II of chapter 5, and 

13 chapter 7, of title 5, United States Code (commonly known 

14 as the ‘‘Administrative Procedure Act’’). 

15 SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SET16 TLEMENT TRUST FUND. 

17 (a) ESTABLISHMENT.—The Secretary shall establish 

18 a trust fund for the San Juan Southern Paiute Tribe, to 

19 be known as the ‘‘San Juan Southern Paiute Tribe Water 

20 Settlement Trust Fund’’, to be managed, invested, and 

21 distributed by the Secretary and to remain available until 

22 expended, withdrawn, or reverted to the general fund of 

23 the Treasury, consisting of the amounts deposited in the 

24 Trust Fund Accounts under subsection (c), together with 


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1 any investment earnings, including interest, earned on 

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

3 (b) ACCOUNTS.—The Secretary shall establish in the 

4 San Juan Southern Paiute Tribe Water Settlement Trust 

5 Fund the following accounts: 

6 (1) The San Juan Southern Paiute Tribe 

7 Groundwater Projects Trust Fund Account. 

8 (2) The San Juan Southern Paiute Tribe Agri9 cultural Conservation Trust Fund Account. 

10 (3) The San Juan Southern Paiute Tribe 

11 OM&R Trust Fund Account. 

12 (c) DEPOSITS.—The Secretary shall deposit— 

13 (1) in the San Juan Southern Paiute Tribe 

14 Groundwater Projects Trust Fund Account, the 

15 amounts made available pursuant to clause (i) of 

16 section 13(b)(3)(C); 

17 (2) in the San Juan Southern Paiute Tribe Ag18 ricultural Conservation Trust Fund Account, the 

19 amounts made available pursuant to clause (iii) of 

20 that section; and 

21 (3) in the San Juan Southern Paiute Tribe 

22 OM&R Trust Fund Account, the amounts made 

23 available pursuant to clause (ii) of that section. 

24 (d) MANAGEMENT AND INTEREST.— 


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

2 the funds into the accounts in the San Juan South3 ern Paiute Water Settlement Trust Fund pursuant 

4 to subsection (c), the Secretary shall manage, invest, 

5 and distribute all amounts in the San Juan South6 ern Paiute Trust Fund Accounts in a manner that 

7 is consistent with the investment authority of the 

8 Secretary under— 

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

10 1938 (25 U.S.C. 162a); 

11 (B) the American Indian Trust Fund Man12 agement Reform Act of 1994 (25 U.S.C. 4001 

13 et seq.); and 

14 (C) this subsection. 

15 (2) INVESTMENT EARNINGS.—In addition to 

16 the deposits made to the San Juan Southern Paiute 

17 Tribe Water Settlement Trust Fund under sub18 section (c), any investment earnings, including inter19 est, credited to amounts held in accounts of the San 

20 Juan Southern Paiute Tribe Water Settlement Trust 

21 Fund are authorized to be appropriated to be used 

22 in accordance with subsection (f). 

23 (e) WITHDRAWALS.— 

24 (1) AMERICAN INDIAN TRUST FUND MANAGE25 MENT REFORM ACT OF 1994.— 


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1 (A) IN GENERAL.—The San Juan South2 ern Paiute Tribe may withdraw any portion of 

3 the amounts in the San Juan Southern Paiute 

4 Tribe Water Settlement Trust Fund on ap5 proval by the Secretary of a Tribal management 

6 plan submitted by the San Juan Southern Pai7 ute Tribe in accordance with the American In8 dian Trust Fund Management Reform Act of 

9 1994 (25 U.S.C. 4001 et seq.). 

10 (B) REQUIREMENTS.—In addition to the 

11 requirements under the American Indian Trust 

12 Fund Management Reform Act of 1994 (25 

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

14 plan under this paragraph shall require that the 

15 San Juan Southern Paiute Tribe spend all 

16 amounts withdrawn from the San Juan South17 ern Paiute Tribe Water Settlement Trust Fund, 

18 and any investment earnings accrued through 

19 the investments under the Tribal management 

20 plan, in accordance with this Act. 

21 (C) ENFORCEMENT.—The Secretary may 

22 carry out such judicial and administrative ac23 tions as the Secretary determines to be nec24 essary— 


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1 (i) to enforce a Tribal management 

2 plan; and 

3 (ii) to ensure that amounts withdrawn 

4 from the San Juan Southern Paiute Tribe 

5 Water Settlement Trust Fund by the San 

6 Juan Southern Paiute Tribe under this 

7 paragraph are used in accordance with this 

8 Act. 

9 (2) EXPENDITURE PLAN.— 

10 (A) IN GENERAL.—The San Juan South11 ern Paiute Tribe may submit to the Secretary 

12 a request to withdraw funds from the San Juan 

13 Southern Paiute Tribe Water Settlement Trust 

14 Fund pursuant to an approved expenditure 

15 plan. 

16 (B) REQUIREMENTS.—To be eligible to 

17 withdraw funds under an expenditure plan 

18 under this paragraph, the San Juan Southern 

19 Paiute Tribe shall submit to the Secretary for 

20 approval an expenditure plan for any portion of 

21 the San Juan Southern Paiute Tribe Water 

22 Settlement Trust Fund that the San Juan 

23 Southern Paiute Tribe elects to withdraw pur24 suant to this paragraph, subject to the condiVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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•S 4633 IS

1 tion that the funds shall be used for the pur2 poses described in this Act. 

3 (C) INCLUSIONS.—An expenditure plan 

4 under this paragraph shall include a description 

5 of the manner and purpose for which the 

6 amounts proposed to be withdrawn from the 

7 San Juan Southern Paiute Tribe Water Settle8 ment Trust Fund Accounts will be used by the 

9 San Juan Southern Paiute Tribe in accordance 

10 with subsection (f). 

11 (D) APPROVAL.—On receipt of an expendi12 ture plan under this paragraph, the Secretary 

13 shall approve the expenditure plan if the Sec14 retary determines that the expenditure plan— 

15 (i) is reasonable; and 

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

17 for, the purposes of this Act. 

18 (E) ENFORCEMENT.—The Secretary may 

19 carry out such judicial and administrative ac20 tions as the Secretary determines to be nec21 essary to enforce an expenditure plan under 

22 this paragraph to ensure that amounts dis23 bursed under this paragraph are used in ac24 cordance with this Act. 


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1 (f) USES.—Amounts from the San Juan Southern 

2 Paiute Tribe Water Settlement Trust Fund shall be used 

3 by the San Juan Southern Paiute Tribe for the following 

4 purposes: 

5 (1) THE SAN JUAN SOUTHERN PAIUTE TRIBE

6 GROUNDWATER PROJECTS TRUST FUND ACCOUNT.— 

7 Amounts in the San Juan Southern Paiute Tribe 

8 Groundwater Projects Trust Fund Account may only 

9 be used to pay the cost of designing and con10 structing water projects, including Water treatment 

11 facilities, pipelines, storage tanks, pumping stations, 

12 pressure reducing valves, electrical transmission fa13 cilities, and the other appurtenant items, including 

14 real property and easements necessary to deliver 

15 water to the areas served. 

16 (2) THE SAN JUAN SOUTHERN PAIUTE TRIBE

17 AGRICULTURAL CONSERVATION TRUST FUND AC18 COUNT.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), amounts in the San Juan Southern 

21 Paiute Tribe Agricultural Conservation Trust 

22 Fund Account may only be used to pay the 

23 costs of improvements to reduce water short24 ages on the historically irrigated land of the 

25 San Juan Southern Paiute Tribe, including 


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1 sprinklers, drip or other efficient irrigation sys2 tems, land leveling, wells, pipelines, pumps and 

3 storage, stream bank stabilization and restora4 tion, pasture seeding and management, fencing, 

5 wind breaks, and alluvial wells. 

6 (B) LIMITATION.—Not more than half of 

7 the amounts in the San Juan Southern Paiute 

8 Tribe Agricultural Conservation Trust Fund 

9 Account may be used for replacement and de10 velopment of livestock wells and impoundments 

11 on San Juan Southern Paiute Land. 

12 (3) THE SAN JUAN SOUTHERN PAIUTE TRIBE

13 OM&R TRUST FUND ACCOUNT.—Amounts in the San 

14 Juan Southern Paiute Tribe OM&R Trust Fund Ac15 count may only be used to pay the OM&R costs of 

16 the San Juan Southern Paiute Tribe Water projects 

17 described in paragraph (1) and for the imputed 

18 costs for delivery of water from the iina ́ ba ́ – paa 

19 tuwaqat’si pipeline. 

20 (g) LIABILITY.—The Secretary and the Secretary of 

21 the Treasury shall not be liable for the expenditure or in22 vestment of any amounts withdrawn from the San Juan 

23 Southern Paiute Tribe Water Settlement Trust Fund Ac24 counts by the San Juan Southern Paiute Tribe pursuant 

25 to subsection (e). 


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

2 over, and operation of any project constructed using funds 

3 from the San Juan Southern Paiute Tribe Water Settle4 ment Trust Fund shall remain in the San Juan Southern 

5 Paiute Tribe. 

6 (i) ACCOUNT TRANSFERS.—If the activities described 

7 in any of paragraphs (1) through (3) of subsection (f) are 

8 complete and amounts remain in the applicable Trust 

9 Fund Account described in those paragraphs, the Sec10 retary, at the request of the San Juan Southern Paiute 

11 Tribe, shall transfer the remaining amounts to one of the 

12 other accounts within the San Juan Southern Paiute 

13 Tribe Water Settlement Trust Fund. 

14 (j) CONTRIBUTIONS TO THE IINA ́ BA ́ – PAA

15 TUWAQAT’SI PIPELINE.—In its sole discretion, the San 

16 Juan Southern Paiute Tribe may use amounts in the San 

17 Juan Southern Paiute Tribe Water Settlement Trust 

18 Fund to supplement funds in the iina ́ ba ́ – paa tuwaqat’si 

19 pipeline Implementation Fund Account. 

20 (k) ANNUAL REPORT.—The San Juan Southern Pai21 ute Tribe shall submit to the Secretary an annual expendi22 ture report describing accomplishments and amounts 

23 spent from use of withdrawals under a Tribal management 

24 plan submitted under paragraph (1) of subsection (e) or 


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1 an expenditure plan under paragraph (2) of that sub2 section. 

3 (l) NO PER CAPITA PAYMENTS.—No principal or in4 terest amount in any account established by this section 

5 shall be distributed to any member of the San Juan South6 ern Paiute Tribe on a per capita basis. 

7 (m) EFFECT.—Nothing in this section entitles the 

8 San Juan Southern Paiute Tribe to judicial review of a 

9 determination of the Secretary regarding whether to ap10 prove a Tribal management plan under paragraph (1) of 

11 subsection (e) or an expenditure plan under paragraph (2) 

12 of that subsection, except as provided under subchapter 

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

14 Code (commonly known as the ‘‘Administrative Procedure 

15 Act’’). 

16 SEC. 13. FUNDING. 

17 (a) IINA ́ BA ́ – PAA TUWAQAT’SI PIPELINE IMPLE18 MENTATION FUND ACCOUNT.— 

19 (1) MANDATORY APPROPRIATION.—Out of any 

20 funds in the Treasury not otherwise appropriated, 

21 the Secretary of the Treasury shall transfer to the 

22 Secretary $1,715,000,000 for deposit in the iina ́ ba ́

23 – paa tuwaqat’si pipeline Implementation Fund Ac24 count, to carry out the planning, engineering, de25 sign, environmental compliance, and construction of 


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•S 4633 IS

1 the iina ́ ba ́ – paa tuwaqat’si pipeline, to remain 

2 available until expended, withdrawn, or reverted to 

3 the general fund of the Treasury. 

4 (2) AVAILABILITY.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), amounts appropriated to 

7 and deposited in the iina ́ ba ́ – paa tuwaqat’si 

8 pipeline Implementation Fund Account under 

9 paragraph (1) shall not be available for expend10 iture until such time as the Secretarial findings 

11 required by section 16(a) are made and pub12 lished. 

13 (B) EXCEPTION.—Of the amounts made 

14 available under paragraph (1), $25,000,000 

15 shall be made available before the Enforce16 ability Date for the Bureau to carry out envi17 ronmental compliance and preliminary design of 

18 the iina ́ ba ́ – paa tuwaqat’si pipeline, subject to 

19 the following: 

20 (i) The revision of the Settlement 

21 Agreement and exhibits to conform to this 

22 Act. 

23 (ii) Execution by all of the required 

24 settlement parties, including the United 

25 States, to the conformed Settlement AgreeVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 ment and exhibits, including the waivers 

2 and releases of claims under section 14. 

3 (3) ADDITIONAL AUTHORIZATION.—In addition 

4 to the amounts made available under paragraph (1), 

5 there are authorized to be appropriated to the iina ́

6 ba ́ – paa tuwaqat’si pipeline Implementation Fund 

7 Account such sums as are necessary to complete the 

8 construction of the iina ́ ba ́ – paa tuwaqat’si pipeline. 

9 (b) NAVAJO NATION WATER SETTLEMENT TRUST

10 FUND, THE HOPI TRIBE WATER SETTLEMENT TRUST

11 FUND AND THE SAN JUAN SOUTHERN PAIUTE SETTLE12 MENT TRUST FUND.— 

13 (1) MANDATORY APPROPRIATION.—Out of any 

14 funds in the Treasury not otherwise appropriated, 

15 the Secretary of the Treasury shall transfer to the 

16 Secretary $3,285,000,000, for deposit in the Navajo 

17 Nation Water Settlement Trust Fund, the Hopi 

18 Tribe Water Settlement Trust Fund, and the San 

19 Juan Southern Paiute Settlement Trust Fund, in 

20 accordance with paragraph (3), to remain available 

21 until expended, withdrawn, or reverted to the gen22 eral fund of the Treasury. 

23 (2) AVAILABILITY.—Amounts appropriated to 

24 and deposited in the Navajo Nation Water Settle25 ment Trust Fund, the Hopi Tribe Water Settlement 


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1 Trust Fund, and the San Juan Southern Paiute 

2 Water Settlement Trust Fund under paragraph (1) 

3 shall not be available for expenditure until such time 

4 as the Secretarial findings required by section 16(a) 

5 are made and published. 

6 (3) ALLOCATION.—The Secretary shall dis7 tribute and deposit the amounts made available 

8 under paragraph (1) in accordance with the fol9 lowing: 

10 (A) THE NAVAJO NATION WATER SETTLE11 MENT TRUST FUND.—The Secretary shall de12 posit in the Navajo Nation Water Settlement 

13 Trust Fund $2,746,700,000, to remain avail14 able until expended, withdrawn, or reverted to 

15 the general fund of the Treasury and to be allo16 cated to the accounts of the Navajo Nation 

17 Water Settlement Trust Fund in accordance 

18 with the following: 

19 (i) The Navajo Nation Water Projects 

20 Trust Fund Account, $2,369,200,000. 

21 (ii) The Navajo Nation OM&R Trust 

22 Fund Account, $229,500,000. 

23 (iii) The Navajo Nation Agricultural 

24 Conservation Trust Fund Account, 

25 $80,000,000. 


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1 (iv) The Navajo Nation Renewable 

2 Energy Trust Fund Account, $40,000,000. 

3 (v) The Navajo Nation Lower Basin 

4 Colorado River Water Acquisition Trust 

5 Fund Account, $28,000,000. 

6 (B) THE HOPI TRIBE WATER SETTLEMENT

7 TRUST FUND.—The Secretary shall deposit in 

8 the Hopi Tribe Water Settlement Trust Fund 

9 $508,500,000, to remain available until ex10 pended, withdrawn, or reverted to the general 

11 fund of the Treasury and to be allocated to the 

12 accounts of the Hopi Tribe Water Settlement 

13 Trust Fund in accordance with the following: 

14 (i) The Hopi Tribe Groundwater 

15 Projects Trust Fund Account, 

16 $390,000,000. 

17 (ii) The Hopi Tribe OM&R Trust 

18 Fund Account, $87,000,000. 

19 (iii) The Hopi Tribe Agricultural Con20 servation Trust Fund Account, 

21 $30,000,000. 

22 (iv) The Hopi Tribe Lower Basin Col23 orado River Water Acquisition Trust Fund 

24 Account, $1,500,000. 


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1 (C) THE SAN JUAN SOUTHERN PAIUTE

2 WATER SETTLEMENT TRUST FUND.—The Sec3 retary shall deposit in the San Juan Southern 

4 Paiute Water Settlement Trust Fund 

5 $29,800,000, to remain available until ex6 pended, withdrawn, or reverted to the general 

7 fund of the Treasury and to be allocated to the 

8 accounts of the San Juan Southern Paiute 

9 Water Settlement Trust Fund in accordance 

10 with the following: 

11 (i) The San Juan Southern Paiute 

12 Groundwater Project Trust Fund Account, 

13 $28,000,000. 

14 (ii) The San Juan Southern Paiute 

15 OM&R Trust Fund Account, $1,500,000. 

16 (iii) The San Juan Southern Paiute 

17 Agricultural Conservation Trust Fund Ac18 count, $300,000. 

19 (c) INVESTMENTS.—The Secretary shall invest 

20 amounts deposited in the iina ́ ba ́ – paa tuwaqat’si pipeline 

21 Implementation Fund Account under subsection (a) and 

22 the Navajo Nation Water Settlement Trust Fund, Hopi 

23 Tribe Water Settlement Trust Fund, and the San Juan 

24 Southern Paiute Water Settlement Trust Fund under sub25 section (b) in accordance with— 


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•S 4633 IS

1 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

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

3 1938 (25 U.S.C. 162a); and 

4 (3) obligations of Federal corporations and 

5 Federal Government-sponsored entities, the charter 

6 documents of which provide that the obligations of 

7 the entities are lawful investments for federally man8 aged funds. 

9 (d) CREDITS TO ACCOUNTS.— 

10 (1) IN GENERAL.—The interest on, and the 

11 proceeds from, the sale or redemption of, any obliga12 tions held in the Navajo Nation Water Settlement 

13 Trust Fund, the Hopi Tribe Water Settlement Trust 

14 Fund, and the San Juan Southern Paiute Water 

15 Settlement Trust Fund shall be credited to and form 

16 a part of the applicable Trust Fund. 

17 (2) USE OF TRUST FUNDS.—Amounts appro18 priated to and deposited in the Navajo Nation Water 

19 Settlement Trust Fund, the Hopi Tribe Water Set20 tlement Trust Fund, and the San Juan Southern 

21 Paiute Tribe Water Settlement Trust Fund may be 

22 used as described in sections 10, 11, and 12 and 

23 paragraph 12 of the Settlement Agreement. 

24 (e) FLUCTUATION IN COSTS.— 


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•S 4633 IS

1 (1) IMPLEMENTATION FUND ACCOUNT.—The 

2 amounts appropriated and authorized to be appro3 priated under subsection (a) shall be— 

4 (A) increased or decreased, as appropriate, 

5 by such amounts as may be justified by reason 

6 of ordinary fluctuations in costs occurring after 

7 January 1, 2024, as indicated by the Bureau 

8 Construction Cost Trends Index applicable to 

9 the types of construction involved; and 

10 (B) adjusted to address construction cost 

11 changes necessary to account for unforeseen 

12 market volatility that may not otherwise be cap13 tured by engineering cost indices as determined 

14 by the Secretary, including repricing applicable 

15 to the types of construction and current indus16 try standards involved. 

17 (2) TRUST FUNDS.—The amounts appropriated 

18 and authorized to be appropriated under subsection 

19 (b) shall be— 

20 (A) increased or decreased, as appropriate, 

21 by such amounts as may be justified by reason 

22 of ordinary fluctuations in costs occurring after 

23 January 1, 2024, as indicated by the Bureau 

24 Construction Cost Index—Composite Trend; 

25 and 


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•S 4633 IS

1 (B) adjusted to address construction cost 

2 changes necessary to account for unforeseen 

3 market volatility that may not otherwise be cap4 tured by engineering cost indices as determined 

5 by the Secretary, including repricing applicable 

6 to the types of construction and current indus7 try standards involved. 

8 (3) REPETITION.—The adjustment process 

9 under paragraphs (1) and (2) shall be repeated for 

10 each subsequent amount appropriated until the 

11 amount appropriated and authorized to be appro12 priated, as applicable, under subsections (a) and (b), 

13 as adjusted, has been appropriated. 

14 (4) PERIOD OF INDEXING.— 

15 (A) IMPLEMENTATION FUND.—With re16 spect to the iina ́ ba ́ – paa tuwaqat’si pipeline 

17 Implementation Fund Account, the period of 

18 adjustment under paragraph (1) for any incre19 ment of funding shall be annually until the iina ́

20 ba ́ – paa tuwaqat’si pipeline project is com21 pleted. 

22 (B) TRUST FUNDS.—With respect to the 

23 Navajo Nation Water Settlement Trust Fund, 

24 the Hopi Tribe Water Settlement Trust Fund, 

25 and the San Juan Southern Paiute Water SetVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 tlement Trust Fund, the period of indexing ad2 justment under paragraph (2) for any incre3 ment of funding shall end on the date on which 

4 the funds are deposited into the Trust Funds. 

5 SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS. 

6 (a) WAIVERS, RELEASES AND RETENTION OF

7 CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 

8 AND INJURY TO WATER BY THE NAVAJO NATION, ON BE9 HALF OF THE NAVAJO NATION AND THE MEMBERS OF

10 THE NAVAJO NATION (BUT NOT MEMBERS IN THE CA11 PACITY OF THE MEMBERS AS NAVAJO ALLOTTEES), AND

12 THE UNITED STATES, ACTING AS TRUSTEE FOR THE

13 NAVAJO NATION AND THE MEMBERS OF THE NAVAJO

14 NATION (BUT NOT MEMBERS IN THE CAPACITY OF THE

15 MEMBERS AS NAVAJO ALLOTTEES) AGAINST THE STATE

16 AND OTHERS.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (3), the Navajo Nation, on behalf of the Nav19 ajo Nation and the Members of the Navajo Nation 

20 (but not Members in the capacity of the Members as 

21 Navajo Allottees), and the United States, acting as 

22 trustee for the Navajo Nation and the Members of 

23 the Navajo Nation (but not Members in the capacity 

24 of the Members as Navajo Allottees), as part of the 

25 performance of the respective obligations of the NavVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 ajo Nation and the United States under the Settle2 ment Agreement and this Act, are authorized to exe3 cute a waiver and release of all claims against the 

4 State (or any agency or political subdivision of the 

5 State), the Hopi Tribe, the Hopi Allottees, the San 

6 Juan Southern Paiute Tribe, and any other indi7 vidual, entity, corporation, or municipal corporation 

8 under Federal, State, or other law for all of the fol9 lowing: 

10 (A) Past, present, and future claims for 

11 Water Rights, including rights to Colorado 

12 River Water, for Navajo Land, arising from 

13 time immemorial and, thereafter, forever. 

14 (B) Past, present, and future claims for 

15 Water Rights, including rights to Colorado 

16 River Water, arising from time immemorial 

17 and, thereafter, forever, that are based on the 

18 aboriginal occupancy of land within the State 

19 by the Navajo Nation, the predecessors of the 

20 Navajo Nation, the Members of the Navajo Na21 tion, or predecessors of the Members of the 

22 Navajo Nation. 

23 (C) Past and present claims for Injury to 

24 Water Rights, including injury to rights to Col25 orado River Water, for Navajo Land, arising 


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1 from time immemorial through the Enforce2 ability Date. 

3 (D) Past, present, and future claims for 

4 Injury to Water for Navajo Land, arising from 

5 time immemorial and, thereafter, forever. 

6 (E) Past, present, and future claims for 

7 Injury to Water Rights, including injury to 

8 rights to Colorado River Water, arising from 

9 time immemorial and, thereafter, forever, that 

10 are based on the aboriginal occupancy of land 

11 within the State by the Navajo Nation, the 

12 predecessors of the Navajo Nation, the Mem13 bers of the Navajo Nation, or predecessors of 

14 the Members of the Navajo Nation. 

15 (F) Claims for Injury to Water Rights, in16 cluding injury to rights to Colorado River 

17 Water, arising after the Enforceability Date, 

18 for Navajo Land, resulting from the diversion 

19 or Use of water outside of Navajo Land in a 

20 manner not in violation of the Settlement 

21 Agreement or State law. 

22 (G) Past, present, and future claims aris23 ing out of, or relating in any manner to, the ne24 gotiation, execution, or adoption of the Settle25 ment Agreement, any judgment or decree apVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 proving or incorporating the Settlement Agree2 ment, or this Act. 

3 (2) FORM; EFFECTIVE DATE.—The waiver and 

4 release of claims described in paragraph (1) shall— 

5 (A) be in the form described in Exhibit 

6 13.1 to the Settlement Agreement; and 

7 (B) take effect on the Enforceability Date. 

8 (3) RETENTION OF CLAIMS.—Notwithstanding 

9 the waiver and release of claims described in para10 graph (1) and Exhibit 13.1 to the Settlement Agree11 ment, the Navajo Nation, acting on behalf of the 

12 Navajo Nation and the Members of the Navajo Na13 tion (but not Members in the capacity of the Mem14 bers as Navajo Allottees), and the United States, 

15 acting as trustee for the Navajo Nation and the 

16 Members of the Navajo Nation (but not Members in 

17 the capacity of the Members as Navajo Allottees), 

18 shall retain any right— 

19 (A) to assert claims for injuries to, and 

20 seek enforcement of, the rights of the Navajo 

21 Nation under the Settlement Agreement, wheth22 er those rights are generally stated or specifi23 cally described, or this Act, in any Federal or 

24 State court of competent jurisdiction; 


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1 (B) to assert claims for injuries to, and 

2 seek enforcement of, the rights of the Navajo 

3 Nation under the LCR Decree and the Gila 

4 River Adjudication Decree; 

5 (C) to assert claims for Water Rights, for 

6 land owned or acquired by the Navajo Nation 

7 in fee, or held in trust by the United States for 

8 the benefit of the Navajo Nation, in the LCR 

9 Watershed pursuant to subparagraphs 4.11 and 

10 4.12, of the Settlement Agreement, or in the 

11 Gila River Basin pursuant to subparagraphs 

12 4.14 and 4.15 of the Settlement Agreement; 

13 (D) to object to any claims for Water 

14 Rights by or for— 

15 (i) any Indian Tribe other than the 

16 Hopi Tribe, the San Juan Southern Paiute 

17 Tribe, and the Zuni Tribe; or 

18 (ii) the United States acting on behalf 

19 of any Indian Tribe, other than the Hopi 

20 Tribe, the San Juan Southern Paiute 

21 Tribe, and the Zuni Tribe; and 

22 (E) to assert past, present, or future 

23 claims for Injury to Water Rights— 


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1 (i) against any Indian Tribe other 

2 than the Hopi Tribe, the San Juan South3 ern Paiute Tribe, and the Zuni Tribe; or 

4 (ii) the United States acting on behalf 

5 of any Indian Tribe, other than the Hopi 

6 Tribe, the San Juan Southern Paiute 

7 Tribe, and the Zuni Tribe. 

8 (b) WAIVERS, RELEASES AND RETENTION OF

9 CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 

10 AND INJURY TO WATER BY THE UNITED STATES, ACTING

11 AS TRUSTEE FOR THE NAVAJO ALLOTTEES AGAINST THE

12 STATE AND OTHERS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (3), the United States, acting as trustee for 

15 the Navajo Allottees, as part of the performance of 

16 the obligations of the United States under the Set17 tlement Agreement and this Act, is authorized to 

18 execute a waiver and release of all claims against the 

19 State (or any agency or political subdivision of the 

20 State), the Navajo Nation, the Hopi Tribe, the Hopi 

21 Allottees, and the San Juan Southern Paiute Tribe, 

22 and any other individual, entity, corporation, or mu23 nicipal corporation under Federal, State, or other 

24 law, for all of the following: 


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•S 4633 IS

1 (A) Past, present, and future claims for 

2 Water Rights, including rights to Colorado 

3 River Water, for Navajo Allotments, arising 

4 from time immemorial and, thereafter, forever. 

5 (B) Past, present, and future claims for 

6 Water Rights, including rights to Colorado 

7 River Water, arising from time immemorial 

8 and, thereafter, forever, that are based on the 

9 aboriginal occupancy of land within the State 

10 by the Navajo Allottees or predecessors of the 

11 Navajo Allottees. 

12 (C) Past and present claims for Injury to 

13 Water Rights, including injury to rights to Col14 orado River Water, for Navajo Allotments, aris15 ing from time immemorial through the Enforce16 ability Date. 

17 (D) Past, present, and future claims for 

18 Injury to Water for Navajo Allotments, arising 

19 from time immemorial and, thereafter, forever. 

20 (E) Past, present, and future claims for 

21 Injury to Water Rights, including injury to 

22 rights to Colorado River Water, arising from 

23 time immemorial and, thereafter, forever, that 

24 are based on the aboriginal occupancy of land 


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•S 4633 IS

1 within the State by Navajo Allottees or prede2 cessors of the Navajo Allottees. 

3 (F) Claims for Injury to Water Rights, in4 cluding injury to rights to Colorado River 

5 Water, arising after the Enforceability Date, 

6 for the Navajo Allotments, resulting from the 

7 diversion or Use of water outside of Navajo Al8 lotments in a manner not in violation of the 

9 Settlement Agreement or State law. 

10 (G) Past, present, and future claims aris11 ing out of, or relating in any manner to, the ne12 gotiation, execution, or adoption of the Settle13 ment Agreement, any judgment or decree ap14 proving or incorporating the Settlement Agree15 ment, or this Act. 

16 (2) FORM; EFFECTIVE DATE.—The waiver and 

17 release of claims under paragraph (1) shall— 

18 (A) be in the form described in Exhibit 

19 13.2 to the Settlement Agreement; and 

20 (B) take effect on the Enforceability Date. 

21 (3) RETENTION OF CLAIMS.—Notwithstanding 

22 the waiver and release of claims described in para23 graph (1), the United States, acting as trustee for 

24 the Navajo Allottees, shall retain any right— 


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•S 4633 IS

1 (A) to assert claims for injuries to, and 

2 seek enforcement of, the rights of the Navajo 

3 Allottees under the Settlement Agreement, 

4 whether those rights are generally stated or 

5 specifically described, or this Act, in any Fed6 eral or State court of competent jurisdiction; 

7 (B) to assert claims for injuries to, and 

8 seek enforcement of, the rights of the Navajo 

9 Allottees under the LCR Decree; 

10 (C) to object to any claims for Water 

11 Rights by or for— 

12 (i) any Indian Tribe other than the 

13 Navajo Nation, the Hopi Tribe, the San 

14 Juan Southern Paiute Tribe, and the Zuni 

15 Tribe; or 

16 (ii) the United States acting on behalf 

17 of any Indian Tribe other than the Navajo 

18 Nation, the Hopi Tribe, the San Juan 

19 Southern Paiute Tribe, and the Zuni 

20 Tribe; and 

21 (D) to assert past, present, or future 

22 claims for Injury to Water Rights against— 

23 (i) any Indian Tribe other than the 

24 Navajo Nation, the Hopi Tribe, the San 


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•S 4633 IS

1 Juan Southern Paiute Tribe, and the Zuni 

2 Tribe; or 

3 (ii) the United States acting on behalf 

4 of any Indian Tribe other than the Navajo 

5 Nation, the Hopi Tribe, the San Juan 

6 Southern Paiute Tribe, and the Zuni 

7 Tribe. 

8 (c) WAIVERS, RELEASES AND RETENTION OF

9 CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 

10 AND INJURY TO WATER BY THE NAVAJO NATION, ON BE11 HALF OF THE NAVAJO NATION AND THE MEMBERS OF

12 THE NAVAJO NATION (BUT NOT MEMBERS IN THE CA13 PACITY OF THE MEMBERS AS NAVAJO ALLOTTEES), 

14 AGAINST THE UNITED STATES.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (3), the Navajo Nation, acting on behalf of 

17 the Navajo Nation and the Members of the Navajo 

18 Nation (but not Members in the capacity of the 

19 Members as Navajo Allottees), as part of the per20 formance of the obligations of the Navajo Nation 

21 under the Settlement Agreement and this Act, is au22 thorized to execute a waiver and release of all claims 

23 against the United States, including agencies, offi24 cials, and employees of the United States, under 

25 Federal, State, or other law for all of the following: 


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•S 4633 IS

1 (A) Past, present, and future claims for 

2 Water Rights, including rights to Colorado 

3 River Water, for Navajo Land arising from 

4 time immemorial and, thereafter, forever. 

5 (B) Past, present, and future claims for 

6 Water Rights, including rights to Colorado 

7 River Water, arising from time immemorial 

8 and, thereafter, forever, that are based on the 

9 aboriginal occupancy of land within the State 

10 by the Navajo Nation, the predecessors of the 

11 Navajo Nation, the Members of the Navajo Na12 tion, or predecessors of the Members of the 

13 Navajo Nation. 

14 (C) Claims for Water Rights within the 

15 State that the United States, acting as trustee 

16 for the Navajo Nation and Navajo Allottees, as17 serted or could have asserted in any proceeding, 

18 except to the extent that such rights are recog19 nized as part of the Navajo Nation’s Water 

20 Rights under this Act. 

21 (D) Past and present claims for Injury to 

22 Water Rights, including injury to rights to Col23 orado River Water, for Navajo Land, arising 

24 from time immemorial through the Enforce25 ability Date. 


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1 (E) Past, present, and future claims for 

2 Injury to Water for Navajo Land, arising from 

3 time immemorial and, thereafter, forever. 

4 (F) Past, present, and future claims for 

5 Injury to Water Rights, including injury to 

6 rights to Colorado River Water, arising from 

7 time immemorial and, thereafter, forever, that 

8 are based on the aboriginal occupancy of land 

9 within the State by the Navajo Nation, the 

10 predecessors of the Navajo Nation, the Mem11 bers of the Navajo Nation, or predecessors of 

12 the Members of the Navajo Nation. 

13 (G) Claims for Injury to Water Rights, in14 cluding injury to rights to Colorado River 

15 Water, arising after the Enforceability Date for 

16 Navajo Land, resulting from the diversion or 

17 Use of water outside of Navajo Land in a man18 ner not in violation of the Settlement Agree19 ment or State law. 

20 (H) Past, present, and future claims aris21 ing out of, or relating in any manner to, the ne22 gotiation, execution, or adoption of the Settle23 ment Agreement, any judgment or decree ap24 proving or incorporating the Settlement Agree25 ment, or this Act. 


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•S 4633 IS

1 (I) Past, present, and future claims arising 

2 out of, or relating in any manner to, United 

3 States Geological Survey monitoring and re4 porting activities described in paragraph 7.0 of 

5 the Settlement Agreement. 

6 (J) Past, present, and future claims aris7 ing from time immemorial and, thereafter, for8 ever, relating in any manner to Injury to Water 

9 or Injury to Water Rights based on the provi10 sions of paragraphs 8.0 and 9.0 of the Settle11 ment Agreement. 

12 (K) Past and present claims for foregone 

13 benefits from non-Navajo Use of water, on and 

14 off Navajo Land (including water from all 

15 sources and for all Uses), within the State aris16 ing before the Enforceability Date. 

17 (L) Past and present claims for damage, 

18 loss, or injury to land or natural resources due 

19 to loss of water or Water Rights, including 

20 damages, losses, or injuries to hunting, fishing, 

21 gathering, or cultural rights due to loss of 

22 water or Water Rights, claims relating to inter23 ference with, diversion of, or taking of water, or 

24 claims relating to a failure to protect, acquire, 

25 replace, or develop water, Water Rights, or 


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•S 4633 IS

1 water infrastructure, within the State, arising 

2 before the Enforceability Date. 

3 (M) Past and present claims arising before 

4 the Enforceability Date from a failure to pro5 vide for operation, maintenance, or deferred 

6 maintenance for any irrigation system or irriga7 tion project on Navajo Land. 

8 (N) Past and present claims arising before 

9 the Enforceability Date from a failure to estab10 lish or provide a municipal, rural, or industrial 

11 water delivery system on Navajo Land. 

12 (O) Past and present claims for damage, 

13 loss, or injury to land or natural resources due 

14 to construction, operation, and management of 

15 irrigation projects on Navajo Land, including 

16 damages, losses, or injuries to fish habitat, 

17 wildlife, and wildlife habitat, within the State 

18 arising before the Enforceability Date. 

19 (P) Past and present claims arising before 

20 the Enforceability Date from a failure to pro21 vide a dam safety improvement to a dam on 

22 Navajo Land within the State. 

23 (2) FORM; EFFECTIVE DATE.—The waiver and 

24 release of claims described in paragraph (1) shall— 


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•S 4633 IS

1 (A) be in the form described in Exhibit 

2 13.3 to the Settlement Agreement; and 

3 (B) take effect on the Enforceability Date. 

4 (3) RETENTION OF CLAIMS.—Notwithstanding 

5 the waiver and release of claims described in para6 graph (1) and Exhibit 13.3 to the Settlement Agree7 ment, the Navajo Nation and the Members of the 

8 Navajo Nation (but not Members in the capacity of 

9 the Members as Allottees) shall retain any right— 

10 (A) to assert claims for injuries to, and 

11 seek enforcement of, the rights of the Navajo 

12 Nation under the Settlement Agreement, wheth13 er those rights are generally stated or specifi14 cally described, or this Act, in any Federal or 

15 State court of competent jurisdiction; 

16 (B) to assert claims for injuries to, and 

17 seek enforcement of, the rights of the Navajo 

18 Nation under the LCR Decree and the Gila 

19 River Adjudication Decree; 

20 (C) to assert claims for Water Rights for 

21 land owned or acquired by the Navajo Nation 

22 in fee in the LCR Watershed pursuant to sub23 paragraphs 4.11 and 4.12 of the Settlement 

24 Agreement, or in the Gila River Basin pursuant 


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•S 4633 IS

1 to subparagraphs 4.14 and 4.15 of the Settle2 ment Agreement; 

3 (D) to object to any claims for Water 

4 Rights by or for— 

5 (i) any Indian Tribe other than the 

6 Hopi Tribe, the San Juan Southern Paiute 

7 Tribe, and the Zuni Tribe; or 

8 (ii) the United States acting on behalf 

9 of any Indian Tribe other than the Hopi 

10 Tribe, the San Juan Southern Paiute 

11 Tribe, and the Zuni Tribe; and 

12 (E) to assert past, present, or future 

13 claims for Injury to Water Rights against— 

14 (i) any Indian Tribe other than the 

15 Hopi Tribe, the San Juan Southern Paiute 

16 Tribe, and the Zuni Tribe; or 

17 (ii) the United States acting on behalf 

18 of any Indian Tribe other than the Hopi 

19 Tribe, the San Juan Southern Paiute 

20 Tribe, and the Zuni Tribe. 

21 (d) WAIVERS, RELEASES AND RETENTION OF

22 CLAIMS BY THE UNITED STATES IN ALL CAPACITIES (EX23 CEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN

24 THE NAVAJO NATION, THE HOPI TRIBE, AND THE SAN


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•S 4633 IS

1 JUAN SOUTHERN PAIUTE TRIBE) AGAINST THE NAVAJO

2 NATION AND THE MEMBERS OF THE NAVAJO NATION.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (3), the United States, in all capacities (ex5 cept as trustee for an Indian Tribe other than the 

6 Navajo Nation, the Hopi Tribe, and the San Juan 

7 Southern Paiute Tribe), as part of the performance 

8 of the obligations of the United States under the 

9 Settlement Agreement and this Act, is authorized to 

10 execute a waiver and release of all claims against the 

11 Navajo Nation, the Members of the Navajo Nation, 

12 or any agency, official, or employee of the Navajo 

13 Nation, under Federal, State, or any other law for 

14 all of the following: 

15 (A) Past and present claims for Injury to 

16 Water Rights, including injury to rights to Col17 orado River Water, resulting from the diversion 

18 or Use of water on Navajo Land, arising from 

19 time immemorial through the Enforceability 

20 Date. 

21 (B) Claims for Injury to Water Rights, in22 cluding injury to rights to Colorado River 

23 Water, arising after the Enforceability Date, re24 sulting from the diversion or Use of water on 


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•S 4633 IS

1 Navajo Land in a manner that is not in viola2 tion of this Agreement or State law. 

3 (C) Past, present, and future claims aris4 ing out of, or related in any manner to, the ne5 gotiation, execution, or adoption of the Settle6 ment Agreement, any judgment or decree ap7 proving or incorporating the Settlement Agree8 ment, or this Act. 

9 (2) FORM; EFFECTIVE DATE.—The waiver and 

10 release of claims under paragraph (1) shall— 

11 (A) be in the form described in Exhibit 

12 13.4 to the Settlement Agreement; and 

13 (B) take effect on the Enforceability Date. 

14 (3) RETENTION OF CLAIMS.—Notwithstanding 

15 the waiver and release of claims described in para16 graph (1) and Exhibit 13.4 to the Settlement Agree17 ment, the United States shall retain any right to as18 sert any claim not expressly waived in accordance 

19 with that paragraph and that Exhibit, in any Fed20 eral or State court of competent jurisdiction. 

21 (e) WAIVERS, RELEASES AND RETENTION OF

22 CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 

23 AND INJURY TO WATER BY THE HOPI TRIBE, ON BEHALF

24 OF THE HOPI TRIBE AND THE MEMBERS OF THE HOPI

25 TRIBE (BUT NOT MEMBERS IN THE CAPACITY OF THE


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•S 4633 IS

1 MEMBERS AS HOPI ALLOTTEES), AND THE UNITED

2 STATES, ACTING AS TRUSTEE FOR THE HOPI TRIBE AND

3 THE MEMBERS OF THE HOPI TRIBE (BUT NOT MEMBERS

4 IN THE CAPACITY OF THE MEMBERS AS HOPI

5 ALLOTTEES) AGAINST THE STATE AND OTHERS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (3), the Hopi Tribe, on behalf of the Hopi 

8 Tribe and the Members of the Hopi Tribe (but not 

9 Members in the capacity of the Members as Hopi 

10 Allottees), and the United States, acting as trustee 

11 for the Hopi Tribe and the Members of the Hopi 

12 Tribe (but not Members in the capacity of the Mem13 bers as Hopi Allottees), as part of the performance 

14 of the respective obligations of the Hopi Tribe and 

15 the United States under the Settlement Agreement 

16 and this Act, are authorized to execute a waiver and 

17 release of all claims against the State (or any agency 

18 or political subdivision of the State), the Navajo Na19 tion, the Navajo Allottees, the San Juan Southern 

20 Paiute Tribe, and any other individual, entity, cor21 poration, or municipal corporation under Federal, 

22 State, or other law for all of the following: 

23 (A) Past, present, and future claims for 

24 Water Rights, including rights to Colorado 


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•S 4633 IS

1 River Water, for Hopi Land, arising from time 

2 immemorial and, thereafter, forever. 

3 (B) Past, present, and future claims for 

4 Water Rights, including rights to Colorado 

5 River Water, arising from time immemorial 

6 and, thereafter, forever, that are based on the 

7 aboriginal occupancy of land within the State 

8 by the Hopi Tribe, the predecessors of the Hopi 

9 Tribe, the Members of the Hopi Tribe, or pred10 ecessors of the Members of the Hopi Tribe. 

11 (C) Past and present claims for Injury to 

12 Water Rights, including injury to rights to Col13 orado River Water, for Hopi Land, arising from 

14 time immemorial through the Enforceability 

15 Date. 

16 (D) Past, present, and future claims for 

17 Injury to Water for Hopi Land, arising from 

18 time immemorial and, thereafter, forever. 

19 (E) Past, present, and future claims for 

20 Injury to Water Rights, including injury to 

21 rights to Colorado River Water, arising from 

22 time immemorial and, thereafter, forever, that 

23 are based on the aboriginal occupancy of land 

24 within the State by the Hopi Tribe, the prede25 cessors of the Hopi Tribe, the Members of the 


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•S 4633 IS

1 Hopi Tribe, or predecessors of the Members of 

2 the Hopi Tribe. 

3 (F) Claims for Injury to Water Rights, in4 cluding injury to rights to Colorado River 

5 Water, arising after the Enforceability Date, 

6 for Hopi Land, resulting from the diversion or 

7 Use of water outside of Hopi Land in a manner 

8 not in violation of the Settlement Agreement or 

9 State law. 

10 (G) Past, present, and future claims aris11 ing out of, or relating in any manner to, the ne12 gotiation, execution, or adoption of the Settle13 ment Agreement, any judgment or decree ap14 proving or incorporating the Settlement Agree15 ment, or this Act. 

16 (2) FORM; EFFECTIVE DATE.—The waiver and 

17 release of claims described in paragraph (1) shall— 

18 (A) be in the form described in Exhibit 

19 13.6 to the Settlement Agreement; and 

20 (B) take effect on the Enforceability Date. 

21 (3) RETENTION OF CLAIMS.—Notwithstanding 

22 the waiver and release of claims described in para23 graph (1) and Exhibit 13.6 to the Settlement Agree24 ment, the Hopi Tribe, acting on behalf of the Hopi 

25 Tribe and the Members of the Hopi Tribe (but not 


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•S 4633 IS

1 Members in the capacity of the Members as Hopi 

2 Allottees), and the United States, acting as trustee 

3 for the Hopi Tribe and the Members of the Hopi 

4 Tribe (but not Members in the capacity of the Mem5 bers as Hopi Allottees), shall retain any right— 

6 (A) to assert claims for injuries to, and 

7 seek enforcement of, the rights of the Hopi 

8 Tribe under the Settlement Agreement, whether 

9 those rights are generally stated or specifically 

10 described, or this Act, in any Federal or State 

11 court of competent jurisdiction; 

12 (B) to assert claims for injuries to, and 

13 seek enforcement of, the rights of the Hopi 

14 Tribe under the LCR Decree; 

15 (C) to assert claims for Water Rights for 

16 land owned or acquired by the Hopi Tribe in 

17 fee, or held in trust by the United States for 

18 the benefit of the Hopi Tribe, in the LCR Wa19 tershed pursuant to subparagraphs 5.10 and 

20 5.11 of the Settlement Agreement; 

21 (D) to object to any claims for Water 

22 Rights by or for— 

23 (i) any Indian Tribe other than the 

24 Navajo Nation, the San Juan Southern 

25 Paiute Tribe, and the Zuni Tribe; or 


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•S 4633 IS

1 (ii) the United States acting on behalf 

2 of any Indian Tribe, other than the Navajo 

3 Nation, the San Juan Southern Paiute 

4 Tribe, and the Zuni Tribe; and 

5 (E) to assert past, present, or future 

6 claims for Injury to Water Rights against— 

7 (i) any Indian Tribe other than the 

8 Navajo Nation, the San Juan Southern 

9 Paiute Tribe, and the Zuni Tribe; or 

10 (ii) the United States acting on behalf 

11 of any Indian Tribe, other than the Navajo 

12 Nation, the San Juan Southern Paiute 

13 Tribe, and the Zuni Tribe. 

14 (f) WAIVERS, RELEASES AND RETENTION OF CLAIMS

15 FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND

16 INJURY TO WATER BY THE UNITED STATES, ACTING AS

17 TRUSTEE FOR THE HOPI ALLOTTEES AGAINST THE

18 STATE AND OTHERS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3), the United States, acting as trustee for 

21 the Hopi Allottees, as part of the performance of the 

22 obligations of the United States under the Settle23 ment Agreement and this Act, is authorized to exe24 cute a waiver and release of all claims against the 

25 State (or any agency or political subdivision of the 


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•S 4633 IS

1 State), the Hopi Tribe, the Navajo Nation, the Nav2 ajo Allottees, and the San Juan Southern Paiute 

3 Tribe, and any other individual, entity, corporation, 

4 or municipal corporation under Federal, State, or 

5 other law, for all of the following: 

6 (A) Past, present, and future claims for 

7 Water Rights, including rights to Colorado 

8 River Water, for Hopi Allotments, arising from 

9 time immemorial, and, thereafter, forever. 

10 (B) Past, present, and future claims for 

11 Water Rights, including rights to Colorado 

12 River Water, arising from time immemorial 

13 and, thereafter, forever, that are based on the 

14 aboriginal occupancy of land within the State 

15 by the Hopi Allottees or predecessors of the 

16 Hopi Allottees. 

17 (C) Past and present claims for Injury to 

18 Water Rights, including injury to rights to Col19 orado River Water, for Hopi Allotments, arising 

20 from time immemorial through the Enforce21 ability Date. 

22 (D) Past, present, and future claims for 

23 Injury to Water for Hopi Allotments, arising 

24 from time immemorial and, thereafter, forever. 


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•S 4633 IS

1 (E) Past, present, and future claims for 

2 Injury to Water Rights, including injury to 

3 rights to Colorado River Water, arising from 

4 time immemorial and, thereafter, forever, that 

5 are based on the aboriginal occupancy of land 

6 within the State by Hopi Allottees or prede7 cessors of the Hopi Allottees. 

8 (F) Claims for Injury to Water Rights, in9 cluding injury to rights to Colorado River 

10 Water, arising after the Enforceability Date, 

11 for the Hopi Allotments, resulting from the di12 version or Use of water outside of the Hopi Al13 lotments in a manner not in violation of the 

14 Settlement Agreement or State law. 

15 (G) Past, present, and future claims aris16 ing out of, or relating in any manner to, the ne17 gotiation, execution, or adoption of the Settle18 ment Agreement, any judgment or decree ap19 proving or incorporating the Settlement Agree20 ment, or this Act. 

21 (2) FORM; EFFECTIVE DATE.—The waiver and 

22 release of claims under paragraph (1) shall— 

23 (A) be in the form described in Exhibit 

24 13.7 of the Settlement Agreement; and 

25 (B) take effect on the Enforceability Date. 


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•S 4633 IS

1 (3) RETENTION OF CLAIMS.—Notwithstanding 

2 the waiver and release of claims described in para3 graph (1) and Exhibit 13.7 of the Settlement Agree4 ment, the United States acting as trustee for the 

5 Hopi Allottees, shall retain any right— 

6 (A) to assert claims for injuries to, and 

7 seek enforcement of, the rights of the Hopi 

8 Allottees under the Settlement Agreement, 

9 whether those rights are generally stated or 

10 specifically described, or this Act, in any Fed11 eral or State court of competent jurisdiction; 

12 (B) to assert claims for injuries to, and 

13 seek enforcement of, the rights of the Hopi 

14 Allottees under the LCR Decree; 

15 (C) to object to any claims for Water 

16 Rights by or for— 

17 (i) any Indian Tribe other than the 

18 Hopi Tribe, the Navajo Nation, the San 

19 Juan Southern Paiute Tribe, and the Zuni 

20 Tribe; or 

21 (ii) the United States acting on behalf 

22 of any Indian Tribe other than the Hopi 

23 Tribe, the Navajo Nation, the San Juan 

24 Southern Paiute Tribe, and the Zuni 

25 Tribe; and 


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•S 4633 IS

1 (D) to assert past, present, or future 

2 claims for Injury to Water Rights against— 

3 (i) any Indian Tribe other than the 

4 Hopi Tribe, the Navajo Nation, the San 

5 Juan Southern Paiute Tribe, and the Zuni 

6 Tribe; or 

7 (ii) the United States acting on behalf 

8 of any Indian Tribe other than the Hopi 

9 Tribe, the Navajo Nation, the San Juan 

10 Southern Paiute Tribe, and the Zuni 

11 Tribe. 

12 (g) WAIVERS, RELEASES AND RETENTION OF

13 CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 

14 AND INJURY TO WATER BY THE HOPI TRIBE, ON BEHALF

15 OF THE HOPI TRIBE AND THE MEMBERS OF THE HOPI

16 TRIBE (BUT NOT MEMBERS IN THE CAPACITY OF THE

17 MEMBERS AS HOPI ALLOTTEES), AGAINST THE UNITED

18 STATES.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3), the Hopi Tribe, acting on behalf of the 

21 Hopi Tribe and the Members of the Hopi Tribe (but 

22 not Members in the capacity of the Members as 

23 Hopi Allottees), as part of the performance of the 

24 obligations of the Hopi Tribe under the Settlement 

25 Agreement and this Act, is authorized to execute a 


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•S 4633 IS

1 waiver and release of all claims against the United 

2 States, including agencies, officials, and employees 

3 of the United States, under Federal, State, or other 

4 law for all of the following: 

5 (A) Past, present, and future claims for 

6 Water Rights, including rights to Colorado 

7 River Water, for Hopi Land, arising from time 

8 immemorial and, thereafter, forever. 

9 (B) Past, present, and future claims for 

10 Water Rights, including rights to Colorado 

11 River Water, arising from time immemorial 

12 and, thereafter, forever, that are based on the 

13 aboriginal occupancy of land within the State 

14 by the Hopi Tribe, the predecessors of the Hopi 

15 Tribe, the Members of the Hopi Tribe, or pred16 ecessors of the Members of the Hopi Tribe. 

17 (C) Claims for Water Rights within the 

18 State that the United States, acting a trustee 

19 for the Hopi Tribe and Hopi Allottees, asserted 

20 or could have asserted in any proceeding, except 

21 to the extent that such rights are recognized as 

22 part of the Hopi Tribe’s Water Rights under 

23 this Act. 

24 (D) Past and present claims for Injury to 

25 Water Rights, including injury to rights to ColVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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•S 4633 IS

1 orado River Water, for Hopi Land, arising from 

2 time immemorial through the Enforceability 

3 Date. 

4 (E) Past, present, and future claims for 

5 Injury to Water for Hopi Land, arising from 

6 time immemorial and, thereafter, forever. 

7 (F) Past, present, and future claims for 

8 Injury to Water Rights, including injury to 

9 rights to Colorado River Water, arising from 

10 time immemorial and, thereafter, forever, that 

11 are based on the aboriginal occupancy of land 

12 within the State by the Hopi Tribe, the prede13 cessors of the Hopi Tribe, the Members of the 

14 Hopi Tribe, or predecessors of the Members of 

15 the Hopi Tribe. 

16 (G) Claims for Injury to Water Rights, in17 cluding injury to rights to Colorado River 

18 Water, arising after the Enforceability Date for 

19 Hopi Land, resulting from the diversion or Use 

20 of water outside of Hopi Land in a manner not 

21 in violation of the Settlement Agreement or 

22 State law. 

23 (H) Past, present, and future claims aris24 ing out of, or relating in any manner to, the ne25 gotiation, execution, or adoption of the SettleVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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•S 4633 IS

1 ment Agreement, any judgment or decree ap2 proving or incorporating the Settlement Agree3 ment, or this Act. 

4 (I) Past, present, and future claims arising 

5 out of, or relating in any manner to, United 

6 States Geological Survey monitoring and re7 porting activities described in paragraph 7.0 of 

8 the Settlement Agreement. 

9 (J) Past, present, and future claims aris10 ing from time immemorial and, thereafter, for11 ever, relating in any manner to Injury to Water 

12 or Injury to Water Rights based on the provi13 sions of paragraphs 8.0 and 9.0 of the Settle14 ment Agreement. 

15 (K) Past and present claims for foregone 

16 benefits from non-Hopi Use of water, on and 

17 off Hopi Land (including water from all sources 

18 and for all Uses), within the State arising be19 fore the Enforceability Date. 

20 (L) Past and present claims for damage, 

21 loss, or injury to land, or natural resources due 

22 to loss of water or Water Rights, including 

23 damages, losses, or injuries to hunting, fishing, 

24 gathering, or cultural rights due to loss of 

25 water or Water Rights, claims relating to interVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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•S 4633 IS

1 ference with, diversion of, or taking of water, or 

2 claims relating to a failure to protect, acquire, 

3 replace, or develop water, Water Rights, or 

4 water infrastructure, within the State, arising 

5 before the Enforceability Date. 

6 (M) Past and present claims arising before 

7 the Enforceability Date from a failure to pro8 vide for operation, maintenance, or deferred 

9 maintenance for any irrigation system or irriga10 tion project on Hopi Land. 

11 (N) Past and present claims arising before 

12 the Enforceability Date from a failure to estab13 lish or provide a municipal, rural, or industrial 

14 water delivery system on Hopi Land. 

15 (O) Past and present claims for damage, 

16 loss, or injury to land or natural resources due 

17 to construction, operation, and management of 

18 irrigation projects on Hopi Land, including 

19 damages, losses, or injuries to fish habitat, 

20 wildlife, and wildlife habitat, within the State 

21 arising before the Enforceability Date. 

22 (2) FORM; EFFECTIVE DATE.—The waiver and 

23 release of claims described in paragraph (1) shall— 

24 (A) be in the form described in Exhibit 

25 13.8 to the Settlement Agreement; and 


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•S 4633 IS

1 (B) take effect on the Enforceability Date. 

2 (3) RETENTION OF CLAIMS.—Notwithstanding 

3 the waiver and release of claims described in para4 graph (1) and Exhibit 13.8 to the Settlement Agree5 ment, the Hopi Tribe and the Members of the Hopi 

6 Tribe (but not Members in the capacity of the Mem7 bers as Hopi Allottees) shall retain any right— 

8 (A) to assert claims for injuries to, and 

9 seek enforcement of, the rights of the Hopi 

10 Tribe under the Settlement Agreement, whether 

11 those rights are generally stated or specifically 

12 described, or this Act, in any Federal or State 

13 court of competent jurisdiction; 

14 (B) to assert claims for injuries to, and 

15 seek enforcement of, the rights of the Hopi 

16 Tribe under the LCR Decree; 

17 (C) to assert claims for Water Rights for 

18 land owned or acquired by the Hopi Tribe in 

19 fee in the LCR Watershed pursuant to subpara20 graphs 5.10 and 5.11 of the Settlement Agree21 ment; 

22 (D) to object to any claims for Water 

23 Rights by or for— 


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•S 4633 IS

1 (i) any Indian Tribe other than the 

2 Navajo Nation, the San Juan Southern 

3 Paiute Tribe, and the Zuni Tribe; or 

4 (ii) the United States acting on behalf 

5 of any Indian Tribe other than the Navajo 

6 Nation, the San Juan Southern Paiute 

7 Tribe, and the Zuni Tribe; and 

8 (E) to assert past, present, or future 

9 claims for Injury to Water Rights against— 

10 (i) any Indian Tribe other than the 

11 Navajo Nation, the San Juan Southern 

12 Paiute Tribe, and the Zuni Tribe; or 

13 (ii) the United States acting on behalf 

14 of any Indian Tribe other than the Navajo 

15 Nation, the San Juan Southern Paiute 

16 Tribe, and the Zuni Tribe. 

17 (h) WAIVERS, RELEASES AND RETENTION OF

18 CLAIMS BY THE UNITED STATES IN ALL CAPACITIES (EX19 CEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN

20 THE NAVAJO NATION, THE HOPI TRIBE, AND THE SAN

21 JUAN SOUTHERN PAIUTE TRIBE) AGAINST THE HOPI

22 TRIBE AND THE MEMBERS OF THE HOPI TRIBE.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (3), the United States, in all capacities (ex25 cept as trustee for an Indian Tribe other than the 


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162 

•S 4633 IS

1 Navajo Nation, the Hopi Tribe, and the San Juan 

2 Southern Paiute Tribe), as part of the performance 

3 of the obligations of the United States under the 

4 Settlement Agreement and this Act, is authorized to 

5 execute a waiver and release of all claims against the 

6 Hopi Tribe, the Members of the Hopi Tribe, or any 

7 agency, official, or employee of the Hopi Tribe, 

8 under Federal, State, or any other law for all of the 

9 following: 

10 (A) Past and present claims for Injury to 

11 Water Rights, including injury to rights to Col12 orado River Water, resulting from the diversion 

13 or Use of water on Hopi Land arising from 

14 time immemorial through the Enforceability 

15 Date. 

16 (B) Claims for Injury to Water Rights, in17 cluding injury to rights to Colorado River 

18 Water, arising after the Enforceability Date, re19 sulting from the diversion or Use of water on 

20 Hopi Land in a manner that is not in violation 

21 of the Settlement Agreement or State law. 

22 (C) Past, present, and future claims aris23 ing out of, or related in any manner to, the ne24 gotiation, execution, or adoption of the Settle25 ment Agreement, any judgment or decree apVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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•S 4633 IS

1 proving or incorporating the Settlement Agree2 ment, or this Act. 

3 (2) FORM; EFFECTIVE DATE.—The waiver and 

4 release of claims under paragraph (1) shall— 

5 (A) be in the form described in Exhibit 

6 13.9 to the Settlement Agreement; and 

7 (B) take effect on the Enforceability Date. 

8 (3) RETENTION OF CLAIMS.—Notwithstanding 

9 the waiver and release of claims described in para10 graph (1) and Exhibit 13.9 to the Settlement Agree11 ment, the United States shall retain any right to as12 sert any claim not expressly waived in accordance 

13 with that paragraph and that Exhibit, in any Fed14 eral or State court of competent jurisdiction. 

15 (i) WAIVERS, RELEASES AND RETENTION OF CLAIMS

16 FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND

17 INJURY TO WATER BY THE SAN JUAN SOUTHERN PAIUTE

18 TRIBE, ON BEHALF OF THE SAN JUAN SOUTHERN PAI19 UTE TRIBE AND THE MEMBERS OF THE SAN JUAN

20 SOUTHERN PAIUTE TRIBE, AND THE UNITED STATES, 

21 ACTING AS TRUSTEE FOR THE SAN JUAN SOUTHERN PAI22 UTE TRIBE AND THE MEMBERS OF THE SAN JUAN

23 SOUTHERN PAIUTE TRIBE AGAINST THE STATE AND

24 OTHERS.— 


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•S 4633 IS

1 (1) IN GENERAL.—Except as provided in para2 graph (3), the San Juan Southern Paiute Tribe, on 

3 behalf of the San Juan Southern Paiute Tribe and 

4 the Members of the San Juan Southern Paiute 

5 Tribe, and the United States, acting as trustee for 

6 the San Juan Southern Paiute Tribe and the Mem7 bers of the San Juan Southern Paiute Tribe, as part 

8 of the performance of the respective obligations of 

9 the San Juan Southern Paiute Tribe and the United 

10 States under the Settlement Agreement and this 

11 Act, is authorized to execute a waiver and release of 

12 all claims against the State (or any agency or polit13 ical subdivision of the State), the Hopi Tribe, the 

14 Hopi Allottees, the Navajo Nation, the Navajo 

15 Allottees, and any other individual, entity, corpora16 tion, or municipal corporation under Federal, State, 

17 or other law for all of the following: 

18 (A) Past, present, and future claims for 

19 Water Rights, including rights to Colorado 

20 River Water, for San Juan Southern Paiute 

21 Land, arising from time immemorial and, there22 after, forever. 

23 (B) Past, present, and future claims for 

24 Water Rights, including rights to Colorado 

25 River Water, arising from time immemorial 


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•S 4633 IS

1 and, thereafter, forever, that are based on the 

2 aboriginal occupancy of land within the State 

3 by the San Juan Southern Paiute Tribe, the 

4 predecessors of the San Juan Southern Paiute 

5 Tribe, the Members of the San Juan Southern 

6 Paiute Tribe, or predecessors of the Members of 

7 the San Juan Southern Paiute Tribe. 

8 (C) Past and present claims for Injury to 

9 Water Rights, including injury to rights to Col10 orado River Water, for San Juan Southern Pai11 ute Land, arising from time immemorial 

12 through the Enforceability Date. 

13 (D) Past, present, and future claims for 

14 Injury to Water for San Juan Southern Paiute 

15 Land, arising from time immemorial and, there16 after, forever. 

17 (E) Past, present, and future claims for 

18 Injury to Water Rights, including injury to 

19 rights to Colorado River Water, arising from 

20 time immemorial and, thereafter, forever, that 

21 are based on the aboriginal occupancy of land 

22 within the State by the San Juan Southern Pai23 ute Tribe, the predecessors of the San Juan 

24 Southern Paiute Tribe, the Members of the San 

25 Juan Southern Paiute Tribe, or predecessors of 


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•S 4633 IS

1 the Members of the San Juan Southern Paiute 

2 Tribe. 

3 (F) Claims for Injury to Water Rights, in4 cluding injury to rights to Colorado River 

5 Water, arising after the Enforceability Date, 

6 for San Juan Southern Paiute Land, resulting 

7 from the diversion or Use of water outside of 

8 San Juan Southern Paiute Land in a manner 

9 not in violation of the Settlement Agreement or 

10 State law. 

11 (G) Past, present, and future claims aris12 ing out of, or relating in any manner to, the ne13 gotiation, execution, or adoption of the Settle14 ment Agreement, any judgment or decree ap15 proving or incorporating the Settlement Agree16 ment, or this Act. 

17 (2) FORM; EFFECTIVE DATE.—The waiver and 

18 release of claims described in paragraph (1) shall— 

19 (A) be in the form described in Exhibit 

20 13.11 to the Settlement Agreement; and 

21 (B) take effect on the Enforceability Date. 

22 (3) RETENTION OF CLAIMS.—Notwithstanding 

23 the waiver and release of claims described in para24 graph (1) and Exhibit 13.11 to the Settlement 

25 Agreement, the San Juan Southern Paiute Tribe, 


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•S 4633 IS

1 acting on behalf of the San Juan Southern Paiute 

2 Tribe and the Members of the San Juan Southern 

3 Paiute Tribe, and the United States, acting as trust4 ee for the San Juan Southern Paiute Tribe and the 

5 Members of the San Juan Southern Paiute Tribe, 

6 shall retain any right— 

7 (A) to assert claims for injuries to, and 

8 seek enforcement of, the rights of the San Juan 

9 Southern Paiute Tribe under the Settlement 

10 Agreement, whether those rights are generally 

11 stated or specifically described, or this Act, in 

12 any Federal or State court of competent juris13 diction; 

14 (B) to assert claims for injuries to, and 

15 seek enforcement of, the rights of the San Juan 

16 Southern Paiute Tribe under the LCR Decree; 

17 (C) to assert claims for Water Rights for 

18 land owned or acquired by the San Juan South19 ern Paiute Tribe in fee or held in trust by the 

20 United States for the benefit of the San Juan 

21 Southern Paiute Tribe in the LCR Watershed 

22 pursuant to subparagraphs 6.4 and 6.5 of the 

23 Settlement Agreement; 

24 (D) to object to any claims for Water 

25 Rights by or for— 


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•S 4633 IS

1 (i) any Indian Tribe other than the 

2 Hopi Tribe, the Navajo Nation, and the 

3 Zuni Tribe; or 

4 (ii) the United States acting on behalf 

5 of any Indian Tribe, other than the Hopi 

6 Tribe, the Navajo Nation, and the Zuni 

7 Tribe; and 

8 (E) to assert past, present, or future 

9 claims for Injury to Water Rights against— 

10 (i) any Indian Tribe other than the 

11 Hopi Tribe, the Navajo Nation, and the 

12 Zuni Tribe; or 

13 (ii) the United States acting on behalf 

14 of any Indian Tribe, other than the Hopi 

15 Tribe, the Navajo Nation, and the Zuni 

16 Tribe. 

17 (j) WAIVERS, RELEASES AND RETENTION OF CLAIMS

18 FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND

19 INJURY TO WATER BY THE SAN JUAN SOUTHERN PAIUTE

20 TRIBE, ON BEHALF OF THE SAN JUAN SOUTHERN PAI21 UTE TRIBE AND THE MEMBERS OF THE SAN JUAN

22 SOUTHERN PAIUTE TRIBE, AGAINST THE UNITED

23 STATES.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (3), the San Juan Southern Paiute Tribe, actVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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•S 4633 IS

1 ing on behalf of the San Juan Southern Paiute 

2 Tribe and the Members of the San Juan Southern 

3 Paiute Tribe, as part of the performance of the obli4 gations of the San Juan Southern Paiute Tribe 

5 under the Settlement Agreement and this Act, is au6 thorized to execute a waiver and release of all claims 

7 against the United States, including agencies, offi8 cials, and employees of the United States, under 

9 Federal, State, or other law for all of the following: 

10 (A) Past, present, and future claims for 

11 Water Rights, including rights to Colorado 

12 River Water, for San Juan Southern Paiute 

13 Land, arising from time immemorial and, there14 after, forever. 

15 (B) Past, present, and future claims for 

16 Water Rights, including rights to Colorado 

17 River Water, arising from time immemorial 

18 and, thereafter, forever, that are based on the 

19 aboriginal occupancy of land within the State 

20 by the San Juan Southern Paiute Tribe, the 

21 predecessors of the San Juan Southern Paiute 

22 Tribe, the Members of the San Juan Southern 

23 Paiute Tribe, or predecessors of the Members of 

24 the San Juan Southern Paiute Tribe. 


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•S 4633 IS

1 (C) Claims for Water Rights within the 

2 State that the United States, acting as trustee 

3 for the San Juan Southern Paiute Tribe, as4 serted or could have asserted in any proceeding, 

5 except to the extent that such rights are recog6 nized as part of the San Juan Southern Paiute 

7 Tribe’s Water Rights under this Act. 

8 (D) Past and present claims for Injury to 

9 Water Rights, including injury to rights to Col10 orado River Water, for San Juan Southern Pai11 ute Land, arising from time immemorial 

12 through the Enforceability Date. 

13 (E) Past, present, and future claims for 

14 Injury to Water for San Juan Southern Paiute 

15 Land, arising from time immemorial and, there16 after, forever. 

17 (F) Past, present, and future claims for 

18 Injury to Water Rights, including injury to 

19 rights to Colorado River Water, arising from 

20 time immemorial and, thereafter, forever, that 

21 are based on the aboriginal occupancy of land 

22 within the State by the San Juan Southern Pai23 ute Tribe, the predecessors of the San Juan 

24 Southern Paiute Tribe, the Members of the San 

25 Juan Southern Paiute Tribe, or predecessors of 


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•S 4633 IS

1 the Members of the San Juan Southern Paiute 

2 Tribe. 

3 (G) Claims for Injury to Water Rights, in4 cluding injury to rights to Colorado River 

5 Water, arising after the Enforceability Date for 

6 San Juan Southern Paiute Land, resulting 

7 from the diversion or Use of water outside of 

8 San Juan Southern Paiute Land in a manner 

9 not in violation of this Agreement or State law. 

10 (H) Past, present, and future claims aris11 ing out of, or relating in any manner to, the ne12 gotiation, execution, or adoption of this Agree13 ment, any judgment or decree approving or in14 corporating this Agreement, or this Act. 

15 (I) Past, present, and future claims arising 

16 out of, or relating in any manner to, United 

17 States Geological Survey monitoring and re18 porting activities described in paragraph 7.0 of 

19 the Settlement Agreement. 

20 (J) Past, present, and future claims aris21 ing from time immemorial and, thereafter, for22 ever, relating in any manner to Injury to Water 

23 or Injury to Water Rights based on the provi24 sions of paragraphs 8.0 and 9.0 of the Settle25 ment Agreement. 


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•S 4633 IS

1 (K) Past and present claims for foregone 

2 benefits from non-San Juan Southern Paiute 

3 Tribe Use of water, on and off San Juan 

4 Southern Paiute Land (including water from all 

5 sources and for all Uses), within the State aris6 ing before the Enforceability Date. 

7 (L) Past and present claims for damage, 

8 loss, or injury to land, or natural resources due 

9 to loss of water or Water Rights, including 

10 damages, losses, or injuries to hunting, fishing, 

11 gathering, or cultural rights due to loss of 

12 water or Water Rights, claims relating to inter13 ference with, diversion of, or taking of water, or 

14 claims relating to a failure to protect, acquire, 

15 replace, or develop water, Water Rights, or 

16 water infrastructure, within the State, arising 

17 before the Enforceability Date. 

18 (M) Past and present claims arising before 

19 the Enforceability Date from a failure to pro20 vide for operation, maintenance, or deferred 

21 maintenance for any irrigation system or irriga22 tion project on San Juan Southern Paiute 

23 Land. 

24 (N) Past and present claims arising before 

25 the Enforceability Date from a failure to estabVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 lish or provide a municipal, rural, or industrial 

2 water delivery system on San Juan Southern 

3 Paiute Land. 

4 (O) Past and present claims for damage, 

5 loss, or injury to land or natural resources due 

6 to construction, operation, and management of 

7 irrigation projects on San Juan Southern Pai8 ute Land, including damages, losses, or injuries 

9 to fish habitat, wildlife, and wildlife habitat, 

10 within the State arising before the Enforce11 ability Date. 

12 (2) FORM; EFFECTIVE DATE.—The waiver and 

13 release of claims described in paragraph (1) shall 

14 be— 

15 (A) in the form described in Exhibit 13.12 

16 to the Settlement Agreement; and 

17 (B) take effect on the Enforceability Date. 

18 (3) RETENTION OF CLAIMS.—Notwithstanding 

19 the waiver and release of claims described in para20 graph (1) and Exhibit 13.12 to the Settlement 

21 Agreement, the San Juan Southern Paiute Tribe, 

22 acting on behalf of the San Juan Southern Paiute 

23 Tribe and the Members of the San Juan Southern 

24 Paiute Tribe shall retain any right— 


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•S 4633 IS

1 (A) to assert claims for injuries to, and 

2 seek enforcement of, the rights of the San Juan 

3 Southern Paiute Tribe under the Settlement 

4 Agreement, whether those rights are generally 

5 stated or specifically described, or this Act, in 

6 any Federal or State court of competent juris7 diction; 

8 (B) to assert claims for injuries to, and 

9 seek enforcement of, the rights of the San Juan 

10 Southern Paiute Tribe under the LCR Decree; 

11 (C) to assert claims for Water Rights for 

12 land owned or acquired by the San Juan South13 ern Paiute Tribe in fee in the LCR Watershed 

14 pursuant to subparagraphs 6.4 and 6.5 of the 

15 Settlement Agreement; 

16 (D) to object to any claims for Water 

17 Rights by or for— 

18 (i) any Indian Tribe other than the 

19 Hopi Tribe, the Navajo Nation, and the 

20 Zuni Tribe; or 

21 (ii) the United States acting on behalf 

22 of any Indian Tribe, other than the Hopi 

23 Tribe, the Navajo Nation, and the Zuni 

24 Tribe; and 


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•S 4633 IS

1 (E) to assert past, present, or future 

2 claims for Injury to Water Rights against— 

3 (i) any Indian Tribe other than the 

4 Hopi Tribe, the Navajo Nation, and the 

5 Zuni Tribe; or 

6 (ii) the United States acting on behalf 

7 of any Indian Tribe, other than the Hopi 

8 Tribe, the Navajo Nation, and the Zuni 

9 Tribe. 

10 (k) WAIVERS, RELEASES AND RETENTION OF

11 CLAIMS BY THE UNITED STATES IN ALL CAPACITIES (EX12 CEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN

13 THE NAVAJO NATION, THE HOPI TRIBE, AND THE SAN

14 JUAN SOUTHERN PAIUTE TRIBE) AGAINST THE SAN

15 JUAN SOUTHERN PAIUTE TRIBE AND THE MEMBERS OF

16 THE SAN JUAN SOUTHERN PAIUTE TRIBE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (3), the United States, in all capacities (ex19 cept as trustee for an Indian Tribe other than the 

20 Navajo Nation, the Hopi Tribe, and the San Juan 

21 Southern Paiute Tribe), as part of the performance 

22 of the obligations of the United States under the 

23 Settlement Agreement and this Act, is authorized to 

24 execute a waiver and release of all claims against the 

25 San Juan Southern Paiute Tribe, the Members of 


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•S 4633 IS

1 the San Juan Southern Paiute Tribe, or any agency, 

2 official, or employee of the San Juan Southern Pai3 ute Tribe, under Federal, State, or any other law for 

4 all: 

5 (A) Past and present claims for Injury to 

6 Water Rights, including injury to rights to Col7 orado River Water, resulting from the diversion 

8 or Use of water on San Juan Southern Paiute 

9 Land arising from time immemorial through 

10 the Enforceability Date. 

11 (B) Claims for Injury to Water Rights, in12 cluding injury to rights to Colorado River 

13 Water, arising after the Enforceability Date, re14 sulting from the diversion or Use of water on 

15 San Juan Southern Paiute Land in a manner 

16 that is not in violation of the Settlement Agree17 ment or State law. 

18 (C) Past, present, and future claims aris19 ing out of, or related in any manner to, the ne20 gotiation, execution, or adoption of the Settle21 ment Agreement, any judgment or decree ap22 proving or incorporating the Settlement Agree23 ment, or this Act. 

24 (2) FORM; EFFECTIVE DATE.—The waiver and 

25 release of claims under paragraph (1) shall— 


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•S 4633 IS

1 (A) be in the form described in Exhibit 

2 13.13 to the Settlement Agreement; and 

3 (B) take effect on the Enforceability Date. 

4 (3) RETENTION OF CLAIMS.—Notwithstanding 

5 the waiver and release of claims described in para6 graph (1) and Exhibit 13.13 to the Settlement 

7 Agreement, the United States shall retain any right 

8 to assert any claim not expressly waived in accord9 ance with that paragraph and that Exhibit, in any 

10 Federal or State court of competent jurisdiction. 

11 SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER 

12 BENEFITS. 

13 (a) NAVAJO NATION AND THE MEMBERS OF THE

14 NAVAJO NATION; NAVAJO ALLOTTEES AND THE UNITED

15 STATES, ACTING AS TRUSTEE FOR THE NAVAJO

16 ALLOTTEES.— 

17 (1) NAVAJO NATION AND THE MEMBERS OF

18 THE NAVAJO NATION.— 

19 (A) IN GENERAL.—The benefits provided 

20 under the Settlement Agreement shall be in 

21 complete replacement of, complete substitution 

22 for, and full satisfaction of any claim of the 

23 Navajo Nation and the Members of the Navajo 

24 Nation against the Parties, including the 

25 United States, that is waived and released by 


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•S 4633 IS

1 the Navajo Nation acting on behalf of the Nav2 ajo Nation and the Members of the Navajo Na3 tion under Exhibits 13.1 and 13.3 to the Settle4 ment Agreement. 

5 (B) SATISFACTION OF WATER RIGHTS.— 

6 Any entitlement to water of the Navajo Nation 

7 and the Members of the Navajo Nation (but not 

8 Members in the capacity of the Members as 

9 Navajo Allottees) or the United States acting as 

10 trustee for the Navajo Nation and the Members 

11 of the Navajo Nation (but not Members in the 

12 capacity of the Members as Navajo Allottees), 

13 for Navajo Land shall be satisfied out of the 

14 water resources and other benefits granted, 

15 confirmed, quantified, or recognized by the Set16 tlement Agreement and this Act, to or for the 

17 Navajo Nation, the Members of the Navajo Na18 tion (but not Members in the capacity of the 

19 Members as Navajo Allottees), and the United 

20 States, acting as trustee for the Navajo Nation 

21 and the Members of the Navajo Nation (but not 

22 Members in the capacity of the Members as 

23 Navajo Allottees). 


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•S 4633 IS

1 (2) NAVAJO ALLOTTEES AND THE UNITED

2 STATES, ACTING AS TRUSTEE FOR THE NAVAJO

3 ALLOTTEES.— 

4 (A) IN GENERAL.—The benefits realized 

5 by the Navajo Allottees under the Settlement 

6 Agreement and this Act shall be in complete re7 placement of, complete substitution for, and full 

8 satisfaction of— 

9 (i) all claims waived and released by 

10 the United States (acting as trustee for 

11 the Navajo Allottees) under Exhibit 13.2 

12 to the Settlement Agreement; and 

13 (ii) any claims of the Navajo Allottees 

14 against the United States similar to the 

15 claims described in Exhibit 13.2 to the 

16 Settlement Agreement that the Navajo 

17 Allottees asserted or could have asserted. 

18 (B) SATISFACTION OF WATER RIGHTS.— 

19 Any entitlement to water of the Navajo 

20 Allottees or the United States acting as trustee 

21 for the Navajo Allottees, for Navajo Allotments 

22 shall be satisfied out of the water resources and 

23 other benefits granted, confirmed, or recognized 

24 by the Settlement Agreement and this Act, to 

25 or for the Navajo Allottees and the United 


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•S 4633 IS

1 States, acting as trustee for the Navajo 

2 Allottees. 

3 (3) NO RIGHT ESTABLISHED.—Notwithstanding 

4 paragraphs (1) and (2), nothing in the Settlement 

5 Agreement or this Act recognizes or establishes any 

6 right of a Member of the Navajo Nation (but not 

7 Members in the capacity of the Members as Navajo 

8 Allottees) to water on Navajo Land. 

9 (b) HOPI TRIBE AND THE MEMBERS OF THE HOPI

10 TRIBE; HOPI ALLOTTEES AND THE UNITED STATES, 

11 ACTING AS TRUSTEE FOR THE HOPI ALLOTTEES.— 

12 (1) HOPI TRIBE AND THE MEMBERS OF THE

13 HOPI TRIBE.— 

14 (A) IN GENERAL.—The benefits provided 

15 under the Settlement Agreement shall be in 

16 complete replacement of, complete substitution 

17 for, and full satisfaction of any claim of the 

18 Hopi Tribe and the Members of the Hopi Tribe 

19 against the Parties, including the United 

20 States, that is waived and released by the Hopi 

21 Tribe acting on behalf of the Hopi Tribe and 

22 the Members of the Hopi Tribe under Exhibits 

23 13.6 and 13.8 to the Settlement Agreement. 

24 (B) SATISFACTION OF WATER RIGHTS.— 

25 Any entitlement to water of the Hopi Tribe and 


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•S 4633 IS

1 the Members of the Hopi Tribe (but not Mem2 bers in the capacity of the Members as Hopi 

3 Allottees) or the United States acting as trustee 

4 for the Hopi Tribe and the Members of the 

5 Hopi Tribe (but not Members in the capacity of 

6 the Members as Hopi Allottees), for Hopi Land 

7 shall be satisfied out of the water resources and 

8 other benefits granted, confirmed, quantified, or 

9 recognized by the Settlement Agreement and 

10 this Act, to or for the Hopi Tribe, the Members 

11 of the Hopi Tribe (but not Members in the ca12 pacity of the Members as Hopi Allottees), and 

13 the United States, acting as trustee for the 

14 Hopi Tribe and the Members of the Hopi Tribe 

15 (but not Members in the capacity of the Mem16 bers as Hopi Allottees). 

17 (2) HOPI ALLOTTEES AND THE UNITED

18 STATES, ACTING AS TRUSTEE FOR THE HOPI

19 ALLOTTEES.— 

20 (A) IN GENERAL.—The benefits realized 

21 by the Hopi Allottees under the Settlement 

22 Agreement shall be in complete replacement of, 

23 complete substitution for, and full satisfaction 

24 of— 


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•S 4633 IS

1 (i) all claims waived and released by 

2 the United States (acting as trustee for 

3 the Hopi Allottees) under Exhibit 13.7 to 

4 the Settlement Agreement; and 

5 (ii) any claims of the Hopi Allottees 

6 against the United States similar to the 

7 claims described in Exhibit 13.7 to the 

8 Settlement Agreement that the Hopi 

9 Allottees asserted or could have asserted. 

10 (B) SATISFACTION OF WATER RIGHTS.— 

11 Any entitlement to water of the Hopi Allottees 

12 or the United States acting trustee for the Hopi 

13 Allottees, for Hopi Allotments shall be satisfied 

14 out of the water resources and other benefits 

15 granted, confirmed, or recognized by the Settle16 ment Agreement and this Act, to or for the 

17 Hopi Allottees and the United States, acting as 

18 trustee for the Hopi Allottees. 

19 (3) NO RIGHT ESTABLISHED.—Notwithstanding 

20 paragraphs (1) and (2), nothing in the Settlement 

21 Agreement or this Act recognizes or establishes any 

22 right of a Member of the Hopi Tribe (but not Mem23 bers in the capacity of the Members as Hopi 

24 Allottees) to water on Hopi Land. 


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•S 4633 IS

1 (c) SAN JUAN SOUTHERN PAIUTE TRIBE AND THE

2 MEMBERS OF THE SAN JUAN SOUTHERN PAIUTE

3 TRIBE.— 

4 (1) IN GENERAL.—The benefits provided under 

5 the Settlement Agreement shall be in complete re6 placement of, complete substitution for, and full sat7 isfaction of any claim of the San Juan Southern 

8 Paiute Tribe and the Members of the San Juan 

9 Southern Paiute Tribe against the Parties, including 

10 the United States, that is waived and released by the 

11 San Juan Southern Paiute Tribe acting on behalf of 

12 the San Juan Southern Paiute Tribe and the Mem13 bers of the San Juan Southern Paiute Tribe under 

14 Exhibits 13.11 and 13.12 to the Settlement Agree15 ment. 

16 (2) SATISFACTION OF WATER RIGHTS.—Any 

17 entitlement to water of the San Juan Southern Pai18 ute Tribe and the Members of the San Juan South19 ern Paiute Tribe or the United States, acting as 

20 trustee for the San Juan Southern Paiute Tribe and 

21 the Members of the San Juan Southern Paiute 

22 Tribe, for San Juan Southern Paiute Land shall be 

23 satisfied out of the water resources and other bene24 fits granted, confirmed, quantified, or recognized by 

25 the Settlement Agreement and this Act, to or for the 


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•S 4633 IS

1 San Juan Southern Paiute Tribe and the Members 

2 of the San Juan Southern Paiute Tribe and the 

3 United States, acting as trustee for the San Juan 

4 Southern Paiute Tribe and the Members of the San 

5 Juan Southern Paiute Tribe. 

6 (3) NO RIGHT ESTABLISHED.—Notwithstanding 

7 paragraphs (1) and (2), nothing in the Settlement 

8 Agreement or this Act recognizes or establishes any 

9 right of a Member of the San Juan Southern Paiute 

10 Tribe to water on the San Juan Southern Paiute 

11 Southern Area. 

12 SEC. 16. ENFORCEABILITY DATE. 

13 (a) IN GENERAL.—The Settlement Agreement, in14 cluding the waivers and releases of claims described in 

15 paragraph 13 of the Settlement Agreement and section 

16 14, shall take effect and be fully enforceable on the date 

17 on which the Secretary publishes in the Federal Register 

18 a statement of findings in accordance with the following: 

19 (1) The Settlement Agreement has been re20 vised, through an amendment and restatement— 

21 (A) to eliminate any conflict between the 

22 Settlement Agreement and this Act; and 

23 (B) to include the executed Water Delivery 

24 Contracts required by section 6(c) and subpara25 graphs 10.1.1, 10.1.2, 10.1.3, 11.1.1, and 


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•S 4633 IS

1 11.1.2 as Exhibits to the Settlement Agree2 ment. 

3 (2) The Settlement Agreement, as revised 

4 through an amendment and restatement pursuant to 

5 paragraph (1), has been signed by not fewer than 30 

6 of the Parties who executed the Settlement Agree7 ment, making the Settlement Agreement effective, 

8 including— 

9 (A) the United States, acting through the 

10 Secretary; 

11 (B) the Navajo Nation; 

12 (C) the Hopi Tribe; 

13 (D) the San Juan Southern Paiute Tribe; 

14 (E) the State; 

15 (F) the Arizona State Land Department; 

16 (G) the Central Arizona Water Conserva17 tion District; 

18 (H) the Salt River Project Agricultural 

19 Improvement and Power District; and 

20 (I) the Salt River Valley Water Users’ As21 sociation. 

22 (3) Any Exhibit to the Settlement Agreement 

23 requiring execution by any Party has been executed 

24 by the required Party. 


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•S 4633 IS

1 (4) The waivers and releases of claims de2 scribed in paragraph 13 of the Settlement Agree3 ment and section 14 have been executed by the 

4 United States, Navajo Nation, Hopi Tribe, San 

5 Juan Southern Paiute Tribe, the State, and the 

6 other Parties. 

7 (5) $5,000,000,000 has been authorized, appro8 priated, and deposited in the designated accounts 

9 pursuant to section 13. 

10 (6) The LCR Decree has been approved by the 

11 LCR Adjudication Court substantially in the form of 

12 the judgment and decree attached as Exhibit 3.1.82 

13 to the Settlement Agreement, as amended to ensure 

14 consistency with this Act. 

15 (7) The Gila River Adjudication Decree has 

16 been approved by the Gila River Adjudication Court 

17 substantially in the form of the judgment and decree 

18 attached as Exhibit 3.1.47 to the Settlement Agree19 ment, as amended to ensure consistency with this 

20 Act. 

21 (8) The San Juan Southern Paiute Tribe and 

22 the Navajo Tribal Utility Authority have executed a 

23 water services agreement to deliver municipal water 

24 to the San Juan Southern Paiute Tribe and its 

25 members. 


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•S 4633 IS

1 (9) Each of the Navajo Nation, the Hopi Tribe, 

2 and the San Juan Southern Paiute Tribe have exe3 cuted the tribal resolution described in subsections 

4 (a)(2), (b)(2), and (c)(2) of section 18, respectively, 

5 consenting to the limited waiver of sovereign immu6 nity from suit in the circumstances described in that 

7 section. 

8 (b) FAILURE TO SATISFY CONDITIONS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), if the Secretary fails to publish in the 

11 Federal Register a statement of findings under sub12 section (a) by June 30, 2035, or such alternative 

13 later date as may be agreed to by the Navajo Na14 tion, the Hopi Tribe, the San Juan Southern Paiute 

15 Tribe, the Secretary, and the State— 

16 (A) this Act is repealed; 

17 (B) any action taken by the Secretary and 

18 any contract or agreement entered into pursu19 ant to this Act shall be void; 

20 (C) the United States shall be entitled to 

21 offset any Federal amounts made available 

22 under section 13(a)(2)(B) that were used under 

23 that section against any claims asserted by the 

24 Tribes against the United States; and 


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1 (D) any amounts appropriated under sec2 tion 13, together with any investment earnings 

3 on those amounts, less any amounts expended 

4 under section 9, shall revert immediately to the 

5 general fund of the Treasury. 

6 (2) CONTINUED EXISTENCE OF THE SAN JUAN

7 SOUTHERN PAIUTE RESERVATION.— 

8 (A) IN GENERAL.—Section 19 becomes ef9 fective on the date of enactment of this Act. 

10 (B) CONTINUED EFFECTIVENESS.—Not11 withstanding paragraph (1), if the Secretary 

12 fails to publish in the Federal Register a state13 ment of findings under that paragraph by June 

14 30, 2035, or such alternative later date as may 

15 be agreed to by the Tribes, the Secretary and 

16 the State, section 19 shall remain in effect. 

17 SEC. 17. COLORADO RIVER ACCOUNTING. 

18 (a) ACCOUNTING FOR THE TYPE OF WATER DELIV19 ERED.— 

20 (1) NAVAJO NATION CIBOLA WATER; NAVAJO

21 NATION FOURTH PRIORITY WATER.—All deliveries of 

22 Navajo Nation Cibola Water and Navajo Nation 

23 Fourth Priority Water effected by the diversion of 

24 water from the San Juan River or from the Colo25 rado River above Lee Ferry shall be accounted for 


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1 as deliveries of Arizona Lower Basin Colorado River 

2 Water. 

3 (2) HOPI TRIBE CIBOLA WATER.—All deliveries 

4 of Hopi Tribe Cibola Water effected by the diversion 

5 of water from the Colorado River above Lee Ferry 

6 shall be accounted for as deliveries of Arizona Lower 

7 Basin Colorado River Water. 

8 (3) NAVAJO NATION UPPER BASIN COLORADO

9 RIVER WATER.—All deliveries of Navajo Nation 

10 Upper Basin Colorado River Water effected by di11 version of water from the Upper Basin in the State, 

12 New Mexico, or Utah shall be accounted for as deliv13 eries of Arizona Upper Basin Colorado River Water. 

14 (4) HOPI TRIBE UPPER BASIN COLORADO RIVER

15 WATER.—All deliveries of Hopi Tribe Upper Basin 

16 Colorado River Water effected by diversion of water 

17 from the Upper Basin in the State shall be ac18 counted for as deliveries of Arizona Upper Basin 

19 Colorado River Water. 

20 (5) UPPER BASIN COLORADO RIVER WATER.— 

21 All deliveries of Upper Basin Colorado River Water 

22 leased by either the Navajo Nation or the Hopi 

23 Tribe, whether effected by a diversion of water from 

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1 counted for as deliveries of Arizona Upper Basin 

2 Colorado River Water. 

3 (6) LOWER BASIN COLORADO RIVER WATER.— 

4 All deliveries of Lower Basin Colorado River Water 

5 leased by the Navajo Nation or the Hopi Tribe, 

6 whether effected by a diversion of water from the 

7 Upper Basin or the Lower Basin, shall be accounted 

8 for as deliveries of Arizona Lower Basin Colorado 

9 River Water. 

10 (b) SPECIAL ACCOUNTING RULES FOR LOWER BASIN

11 COLORADO RIVER WATER AS LOWER BASIN USE IN ARI12 ZONA, REGARDLESS OF POINT OF DIVERSION OR PLACE

13 OF USE.—Notwithstanding section 10603(c)(2)(A) of the 

14 Northwestern New Mexico Rural Water Projects Act 

15 (Public Law 111–11; 123 Stat. 1384), all Navajo Nation 

16 Cibola Water, Navajo Nation Fourth Priority Water, and 

17 Hopi Tribe Cibola Water delivered to and consumptively 

18 used by the Navajo Nation, the Hopi Tribe, or their les19 sees pursuant to the Settlement Agreement shall be— 

20 (1) accounted for as if such Use had occurred 

21 in the Lower Basin, regardless of the point of diver22 sion or place of Use; 

23 (2) credited as water reaching Lee Ferry pursu24 ant to articles III(c) and III(d) of the Colorado 

25 River Compact; 


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1 (3) charged against the consumptive use appor2 tionment made to the Lower Basin by article III(a) 

3 of the Colorado River Compact; and 

4 (4) accounted for as part of and charged 

5 against the 2,800,000 acre-feet of Colorado River 

6 Water apportioned to the State in article II(B)(1) of 

7 the Decree. 

8 (c) LIMITATION.—Notwithstanding subsections (a) 

9 and (b), no water diverted by the Navajo-Gallup Water 

10 Supply Project shall be accounted for as provided in those 

11 subsections until such time as the Secretary has developed 

12 and, as necessary and appropriate, modified, in consulta13 tion with the State, the Upper Basin Colorado River Com14 mission, and the Governors’ representatives on Colorado 

15 River Operations from each State signatory to the Colo16 rado River Compact, all operational and decisional cri17 teria, policies, contracts, guidelines, or other documents 

18 that control the operations of the Colorado River System 

19 reservoirs and diversion works, so as to adjust, account 

20 for, and offset the diversion of water apportioned to the 

21 State, pursuant to the Boulder Canyon Project Act (43 

22 U.S.C. 617 et seq.), from a point of diversion on the San 

23 Juan River in New Mexico, subject to the conditions 

24 that— 


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1 (1) all modifications shall be consistent with 

2 section 10603(c) of the Northwestern New Mexico 

3 Rural Water Projects Act (Public Law 111–11; 123 

4 Stat. 1384), as modified by this subsection; and 

5 (2) the modifications made pursuant to this 

6 subsection shall only be applicable for the duration 

7 of any such diversions pursuant to section 

8 10603(c)(2)(B) of the Northwestern New Mexico 

9 Rural Water Projects Act (Public Law 111–11; 123 

10 Stat. 1385) and this Act. 

11 SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY. 

12 (a) LIMITED WAIVER BY THE NAVAJO NATION AND

13 THE UNITED STATES ACTING AS TRUSTEE FOR THE NAV14 AJO NATION AND NAVAJO ALLOTTEES.— 

15 (1) IN GENERAL.—The Navajo Nation, and the 

16 United States acting as trustee for the Navajo Na17 tion and Navajo Allottees, may be joined in any ac18 tion brought in any circumstance described in para19 graph (3), and any claim by the Navajo Nation and 

20 the United States to sovereign immunity from any 

21 such action is waived. 

22 (2) NAVAJO NATION CONSENT.—By resolution 

23 No. CMY–26–24 and dated May 24, 2024, the Nav24 ajo Nation Council has affirmatively consented to 

25 the limited waiver of sovereign immunity from suit 


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1 in any circumstance described in paragraph (3), not2 withstanding any provision of the Navajo Nation 

3 Code or any other Navajo Nation law. 

4 (3) CIRCUMSTANCES DESCRIBED.—A cir5 cumstance referred to in paragraphs (1) and (2) is 

6 any of the following: 

7 (A) Any party to the Settlement Agree8 ment— 

9 (i) brings an action in any court of 

10 competent jurisdiction relating only and di11 rectly to the interpretation or enforcement 

12 of— 

13 (I) this Act; or 

14 (II) the Settlement Agreement; 

15 (ii) names the Navajo Nation, or the 

16 United States acting as trustee for the 

17 Navajo Nation or Navajo Allottees, as a 

18 party in that action; and 

19 (iii) does not include any request for 

20 award against the Navajo Nation, or the 

21 United States acting as trustee for the 

22 Navajo Nation or Navajo Allottees, for 

23 money damages, court costs, or attorney 

24 fees. 


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1 (B) Any landowner or water user in the 

2 LCR Watershed or the Gila River Watershed— 

3 (i) brings an action in any court of 

4 competent jurisdiction relating only and di5 rectly to the interpretation or enforcement 

6 of— 

7 (I) paragraph 13 of the Settle8 ment Agreement; 

9 (II) the LCR Decree or the Gila 

10 River Adjudication Decree; or 

11 (III) section 14; 

12 (ii) names the Navajo Nation, or the 

13 United States acting as trustee for the 

14 Navajo Nation or Navajo Allottees, as a 

15 party in that action; and 

16 (iii) does not include any request for 

17 award against the Navajo Nation, or the 

18 United States acting as trustee for the 

19 Navajo Nation or Navajo Allottees, for 

20 money damages, court costs or attorney 

21 fees. 

22 (b) LIMITED WAIVER BY THE HOPI TRIBE AND THE

23 UNITED STATES ACTING AS TRUSTEE FOR THE HOPI

24 TRIBE AND HOPI ALLOTEES.— 


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1 (1) IN GENERAL.—The Hopi Tribe, and the 

2 United States acting as trustee for the Hopi Tribe 

3 and Hopi Allottees, may be joined in any action 

4 brought in any circumstance described in paragraph 

5 (3), and any claim by the Hopi Tribe and the 

6 United States to sovereign immunity from any such 

7 action is waived. 

8 (2) HOPI TRIBE CONSENT.—By resolution No. 

9 H-035-2024 and dated May 20, 2024, the Hopi 

10 Tribal Council has affirmatively consented to the 

11 limited waiver of sovereign immunity from suit in 

12 any circumstance described in paragraph (3), not13 withstanding any provision of the Hopi Tribal Code 

14 or any other Hopi Tribe law. 

15 (3) CIRCUMSTANCES DESCRIBED.—A cir16 cumstance referred to in paragraphs (1) and (2) is 

17 any of the following: 

18 (A) Any party to the Settlement Agree19 ment— 

20 (i) brings an action in any court of 

21 competent jurisdiction relating only and di22 rectly to the interpretation or enforcement 

23 of— 

24 (I) this Act; or 

25 (II) the Settlement Agreement; 


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1 (ii) names the Hopi Tribe or the 

2 United States, acting as trustee for the 

3 Hopi Tribe or Hopi Allottees, as a party in 

4 that action; and 

5 (iii) does not include any request for 

6 award against the Hopi Tribe, or the 

7 United States acting as trustee for the 

8 Hopi Tribe or Hopi Allottees, for money 

9 damages, court costs, or attorney fees. 

10 (B) Any landowner or water user in the 

11 LCR Watershed— 

12 (i) brings an action in any court of 

13 competent jurisdiction relating only and di14 rectly to the interpretation or enforcement 

15 of— 

16 (I) paragraph 13 of the Settle17 ment Agreement; 

18 (II) the LCR Decree; or 

19 (III) section 14; 

20 (ii) names the Hopi Tribe, or the 

21 United States acting as trustee for the 

22 Hopi Tribe or Hopi Allottees, as a party in 

23 that action; and 

24 (iii) does not include any request for 

25 award against the Hopi Tribe, or the 


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1 United States acting as trustee for the 

2 Hopi Tribe or Hopi Allottees, for money 

3 damages, court costs, or attorney fees. 

4 (c) LIMITED WAIVER BY THE SAN JUAN SOUTHERN

5 PAIUTE TRIBE AND THE UNITED STATES ACTING AS

6 TRUSTEE FOR THE SAN JUAN SOUTHERN PAIUTE

7 TRIBE.— 

8 (1) IN GENERAL.—The San Juan Southern 

9 Paiute Tribe and the United States acting as trustee 

10 for the San Juan Southern Paiute Tribe may be 

11 joined in any action brought in any circumstance de12 scribed in paragraph (3), and any claim by the San 

13 Juan Southern Paiute Tribe and the United States 

14 to sovereign immunity from any such action is 

15 waived. 

16 (2) SAN JUAN SOUTHERN PAIUTE TRIBE CON17 SENT.—By resolution No. 2024–040, dated May 23, 

18 2024, the San Juan Southern Paiute Tribal Council 

19 has affirmatively consented to the limited waiver of 

20 sovereign immunity from suit in any circumstance 

21 described in paragraph (3), notwithstanding any 

22 provision of the San Juan Southern Paiute Tribal 

23 Code or any other San Juan Southern Paiute Tribal 

24 law. 


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1 (3) CIRCUMSTANCES DESCRIBED.—A cir2 cumstance referred to in paragraphs (1) and (2) is 

3 any of the following: 

4 (A) Any party to the Settlement Agree5 ment— 

6 (i) brings an action in any court of 

7 competent jurisdiction relating only and di8 rectly to the interpretation or enforcement 

9 of— 

10 (I) this Act; or 

11 (II) the Settlement Agreement; 

12 (ii) names the San Juan Southern 

13 Paiute Tribe or the United States acting 

14 as trustee for the San Juan Southern Pai15 ute Tribe as a party in that action; and 

16 (iii) does not include any request for 

17 award against the San Juan Southern Pai18 ute Tribe, or the United States acting as 

19 trustee for the San Juan Southern Paiute 

20 Tribe, for money damages, court costs, or 

21 attorney fees. 

22 (B) Any landowner or water user in the 

23 LCR Watershed— 

24 (i) brings an action in any court of 

25 competent jurisdiction relating only and diVerDate Sep 11 2014 22:54 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S4633.IS S4633

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1 rectly to the interpretation or enforcement 

2 of— 

3 (I) paragraph 13 of the Settle4 ment Agreement; 

5 (II) the LCR Decree; or 

6 (III) section 14; 

7 (ii) names the San Juan Southern 

8 Paiute Tribe or the United States acting 

9 as trustee for the San Juan Southern Pai10 ute Tribe as a party in that action; and 

11 (iii) does not include any request for 

12 award against the San Juan Southern Pai13 ute Tribe, or the United States acting as 

14 trustee for the San Juan Southern Paiute 

15 Tribe, for money damages, court costs, or 

16 attorney fees. 

17 SEC. 19. RATIFICATION OF THE TREATY AND CREATION OF 

18 THE SAN JUAN SOUTHERN PAIUTE RESERVA19 TION. 

20 (a) RATIFICATION AND APPROVAL OF THE TREA21 TY.—The Treaty and the Treaty Addendum are hereby 

22 approved, ratified, and confirmed. 

23 (b) APPROVAL OF THE SECRETARY.— 

24 (1) IN GENERAL.—The Secretary is authorized 

25 and directed— 


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1 (A) to approve and execute the Treaty and 

2 the Treaty Addendum, except that the specific 

3 findings stated under the heading ‘‘AP4 PROVAL’’ shall not be binding on the Sec5 retary; and 

6 (B) to take all steps necessary to imple7 ment the Treaty and this Act. 

8 (2) APPROVAL AND EXECUTION OF AMEND9 MENTS.—The Secretary is delegated the authority, 

10 without a further Act of Congress, to approve and 

11 execute amendments to the Treaty agreed to by the 

12 Navajo Nation and the San Juan Southern Paiute 

13 Tribe. 

14 (c) LANDS PROCLAIMED A RESERVATION FOR THE

15 SAN JUAN SOUTHERN PAIUTE TRIBE.— 

16 (1) IN GENERAL.—All right, title, and interest, 

17 including Water Rights, to the approximately 5,400 

18 acres of land within the Navajo Indian Reservation 

19 that are described in the Treaty as the San Juan 

20 Paiute Northern Area and the San Juan Paiute 

21 Southern Paiute Area are hereby proclaimed as the 

22 San Juan Southern Paiute Reservation and such 

23 land shall be held by the United States in trust as 

24 a reservation for the exclusive benefit of the San 


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1 Juan Southern Paiute Tribe, subject to the rights of 

2 access under subsection (d). 

3 (2) NO APPRAISAL OR VALUATION.—Notwith4 standing any other provision law, no appraisal or 

5 other valuation shall be required to carry out this 

6 subsection. 

7 (d) RIGHTS OF ACCESS AND EASEMENTS.—The Nav8 ajo Reservation and the San Juan Southern Paiute Res9 ervation shall be subject to the rights of access and ease10 ments as identified in the Treaty. 

11 (e) SURVEYING AND FENCING OF LAND.— 

12 (1) REQUIREMENT.—The Secretary shall— 

13 (A) as soon as practicable after the date of 

14 enactment of this Act, complete a survey and 

15 legal description of the boundary lines to estab16 lish the boundaries of the San Juan Southern 

17 Paiute Reservation; 

18 (B) officially file the survey plat in the ap19 propriate office of the Department of the Inte20 rior; 

21 (C) mark and fence the lands as described 

22 in article V of the Treaty, where feasible; and 

23 (D) study the feasibility of an access road 

24 to the San Juan Paiute Southern Area from 


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1 U.S. Route 89, as described in article XI of the 

2 Treaty. 

3 (2) LEGAL DESCRIPTION.— 

4 (A) IN GENERAL.—The legal descriptions 

5 published in accordance with subparagraph (B) 

6 shall— 

7 (i) be considered the official legal de8 scription of the San Juan Southern Paiute 

9 Reservation; and 

10 (ii) have the same force and effect as 

11 if included in this Act. 

12 (B) PUBLICATION.—On completion of the 

13 surveys under paragraph (1)(A), the Secretary 

14 shall publish in the Federal Register a legal de15 scription of the land comprising the San Juan 

16 Southern Paiute Reservation. 

17 (C) CORRECTIONS.—The Secretary may 

18 make minor corrections to correct technical and 

19 clerical errors in the legal descriptions. 

20 (f) REPEAL OF PAIUTE ALLOTMENT PROCE21 DURES.—Section 9 of Public Law 93-531 (88 Stat. 1716) 

22 is repealed. 

23 (g) PUBLICATION; JURISDICTION.— 

24 (1) PUBLICATION.—In accordance with article 

25 VI of the Treaty, the Secretary shall publish in the 


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1 Federal Register separate notices of completion or 

2 boundary marking of— 

3 (A) the San Juan Paiute Northern Area; 

4 and 

5 (B) the San Juan Paiute Southern Area. 

6 (2) JURISDICTION.—On publication in the Fed7 eral Register under subparagraph (A) or (B) of 

8 paragraph (1)— 

9 (A) the San Juan Southern Paiute Tribe 

10 shall have full jurisdiction over all matters with11 in that area of the San Juan Southern Paiute 

12 Reservation to the fullest extent permitted by 

13 Federal law; and 

14 (B) the Navajo Nation shall not have juris15 diction over matters occurring within that area 

16 of the San Juan Southern Paiute Reservation 

17 except as agreed to by the Navajo Nation and 

18 the San Juan Southern Paiute Tribe. 

19 SEC. 20. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT. 

20 (a) NO QUANTIFICATION OR EFFECT ON RIGHTS OF

21 OTHER INDIAN TRIBES OR THE UNITED STATES ON

22 THEIR BEHALF.—Except as provided in paragraph 8.3 of 

23 the Settlement Agreement, nothing in this Act— 

24 (1) quantifies or otherwise affects the Water 

25 Rights, or claims or entitlements to water or to 


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1 Upper Basin Colorado River Water or Lower Basin 

2 Colorado River Water, of any Indian Tribe, band, or 

3 community, other than the Navajo Nation, the Hopi 

4 Tribe, or the San Juan Southern Paiute Tribe; or 

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

6 take action on behalf of any Indian Tribe, nation, 

7 band, community, or allottee, other than the Navajo 

8 Nation, the Hopi Tribe and the San Juan Southern 

9 Paiute Tribe, their members, Navajo Allottees, Hopi 

10 Allottees, and Public Domain Allottees. 

11 (b) NO QUANTIFICATION OF WATER RIGHTS OF

12 PUBLIC DOMAIN ALLOTTEES.—Nothing in this Act— 

13 (1) quantifies or adjudicates any Water Right 

14 or any claim or entitlement to water of a Public Do15 main Allottee, or precludes the United States, acting 

16 as trustee for Public Domain Allottees, from making 

17 claims for Water Rights in the State that are con18 sistent with the claims described in Exhibit 

19 3.1.132B to the Settlement Agreement; or 

20 (2) except as provided in subparagraphs 8.2.3, 

21 8.4.7, and 15.2.3.4 of the Settlement Agreement, af22 fects the ability of the United States to take action 

23 on behalf of Public Domain Allottees. 

24 (c) ANTIDEFICIENCY.—Notwithstanding any author25 ization of appropriations to carry out this Act, the United 


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1 States shall not be liable for any failure of the United 

2 States to carry out any obligation or activity authorized 

3 by this Act, including all agreements or exhibits ratified 

4 or confirmed by this Act, if adequate appropriations are 

5 not provided expressly by Congress to carry out the pur6 poses of this Act. 

7 (d) NO MODIFICATION OR PREEMPTION OF OTHER

8 LAWS.—Unless expressly provided in this Act, nothing in 

9 this Act modifies, conflicts with, preempts, or otherwise 

10 affects— 

11 (1) the Boulder Canyon Project Act (43 U.S.C. 

12 617 et seq.); 

13 (2) the Boulder Canyon Project Adjustment Act 

14 (54 Stat. 774, chapter 643); 

15 (3) the Act of April 11, 1956 (commonly known 

16 as the ‘‘Colorado River Storage Project Act’’) (43 

17 U.S.C. 620 et seq.); 

18 (4) the Colorado River Basin Project Act (43 

19 U.S.C. 1501 et seq.); 

20 (5) the Treaty between the United States of 

21 America and Mexico, done at Washington February 

22 3, 1944 (59 Stat. 1219); 

23 (6) the Colorado River Compact; 

24 (7) the Upper Colorado River Basin Compact of 

25 1948; 


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1 (8) the Omnibus Public Land Management Act 

2 of 2009 (Public Law 111–11; 123 Stat. 991); or 

3 (9) case law relating to Water Rights in the 

4 Colorado River System other than any case to en5 force the Settlement Agreement or this Act. 

6 (e) NO PRECEDENT.—Nothing in this Act establishes 

7 a precedent for any type of transfer of Colorado River Sys8 tem water between the Upper Basin and the Lower Basin. 

9 (f) UNIQUE SITUATION.—Diversions through the iina ́

10 ba ́ – paa tuwaqat’si pipeline and the Navajo-Gallup Water 

11 Supply Project facilities consistent with this Act address 

12 critical Tribal and non-Indian water supply needs under 

13 unique circumstances, which include, among other 

14 things— 

15 (1) the intent to benefit a number of Indian 

16 Tribes; 

17 (2) the Navajo Nation’s location in the Upper 

18 Basin and the Lower Basin; 

19 (3) the intent to address critical Indian and 

20 non-Indian water needs in the State; 

21 (4) the lack of other reasonable alternatives 

22 available for developing a firm, sustainable supply of 

23 municipal water for the Navajo Nation, the Hopi 

24 Tribe, and the San Juan Southern Paiute Tribe in 

25 the State; and 


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1 (5) the limited volume of water to be diverted 

2 by the iina ́ ba ́ – paa tuwaqat’si pipeline and Navajo3 Gallup Water Supply Project to supply municipal 

4 Uses in the State. 

5 (g) EFFICIENT USE.—The diversions and Uses au6 thorized for the iina ́ ba ́ – paa tuwaqat’si pipeline under 

7 this Act represent unique and efficient Uses of Colorado 

8 River apportionments in a manner that Congress has de9 termined would be consistent with the obligations of the 

10 United States to the Navajo Nation and the Hopi Tribe. 

11 (h) NO EFFECT ON ENFORCEMENT OF ENVIRON12 MENTAL LAWS.—Nothing in this Act precludes the United 

13 States from enforcing the requirements of— 

14 (1) the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 1980 (42 

16 U.S.C. 9601 et seq.) (including claims for damages 

17 to natural resources); 

18 (2) the Safe Drinking Water Act (42 U.S.C. 

19 300f et seq.); 

20 (3) the Federal Water Pollution Control Act 

21 (33 U.S.C. 1251 et seq.); 

22 (4) the Solid Waste Disposal Act (42 U.S.C. 

23 6901 et seq.) (commonly known as the ‘‘Resource 

24 Conservation and Recovery Act of 1976’’); or 


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1 (5) the implementing regulations of those Acts. 

Æ 


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