II 

118TH CONGRESS 

2D SESSION S. 4998 

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

in the Rio San Jose ́ Stream System in the State of New Mexico, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2024 

Mr. HEINRICH (for himself and Mr. LUJA ́N) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To approve the settlement of water rights claims of the 

Navajo Nation in the Rio San Jose ́ Stream System in 

the State of New Mexico, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Navajo Nation Rio San Jose ́ Stream System Water 

6 Rights Settlement 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 of Agreement. 

Sec. 5. Navajo Nation’s Water Rights. 

Sec. 6. Navajo Nation Rio San Jose ́ Settlement Trust Fund. 

Sec. 7. Funding. 

Sec. 8. Enforceability Date. 

Sec. 9. Waivers and releases of claims. 

Sec. 10. Satisfaction of claims. 

Sec. 11. Consent of United States to jurisdiction for judicial review of a Navajo 

Nation Water Use Permit decision. 

Sec. 12. Miscellaneous provisions. 

Sec. 13. Relation to Allottees. 

Sec. 14. Expansion of Navajo-Gallup Water Supply Project service area. 

Sec. 15. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

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

5 stream adjudication of the Rio San Jose ́ Stream 

6 System captioned ‘‘State of New Mexico, ex rel. 

7 State Engineer v. Kerr-McGee, et al.’’, No. D–1333– 

8 CV–1983–00190 and No. D–1333–CV–1983–00220 

9 (consolidated), pending in the Thirteenth Judicial 

10 District Court for the State of New Mexico, for— 

11 (A) the Navajo Nation; and 

12 (B) the United States, acting as trustee 

13 for the Navajo Nation; 

14 (2) to authorize, ratify, and confirm the agree15 ment entered into by the Navajo Nation, the State, 

16 and various other parties to the Agreement, to the 

17 extent that the Agreement is consistent with this 

18 Act; 

19 (3) to authorize and direct the Secretary— 


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1 (A) to execute the Agreement; and 

2 (B) to take any other actions necessary to 

3 carry out the Agreement in accordance with 

4 this Act; and 

5 (4) to authorize funds necessary for the imple6 mentation of the Agreement and this Act. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

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

10 each of the Bluewater Toltec Irrigation District, La 

11 Acequia Madre del Ojo del Gallo, Moquino Water 

12 Users Association II, Murray Acres Irrigation Asso13 ciation, San Mateo Irrigation Association, Seboyeta 

14 Community Irrigation Association, Cubero Acequia 

15 Association, Cebolletita Acequia Association, and 

16 Community Ditch of Rio San Jose ́ de la Cienega. 

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

18 means the general adjudication of water rights enti19 tled ‘‘State of New Mexico, ex rel. State Engineer v. 

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

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

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

23 the Decree Court. 

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

25 means— 


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1 (A) the addendum dated June 11, 2024, 

2 to, and as provided in Article 17 of, the docu3 ment entitled ‘‘Rio San Jose ́ Stream System 

4 Water Rights Local Settlement Agreement 

5 Among the Pueblo of Acoma, the Pueblo of La6 guna, the Navajo Nation, the State of New 

7 Mexico, the City of Grants, the Village of 

8 Milan, the Association of Community Ditches of 

9 the Rio San Jose ́ and Nine Individual Acequias 

10 and Community Ditches’’ and dated May 13, 

11 2022, and the attachments thereto and to the 

12 addendum; and 

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

15 amendment to an attachment) that is executed 

16 to ensure that the Agreement is consistent with 

17 this Act. 

18 (4) ALLOTMENT.—The term ‘‘Allotment’’ 

19 means a parcel of land that is— 

20 (A) located within— 

21 (i) the Rio Puerco Basin; or 

22 (ii) the Rio San Jose ́ Stream System; 

23 and 

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

25 the benefit of— 


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1 (i) 1 or more individual Indians; or 

2 (ii) an Indian Tribe holding an undi3 vided fractional beneficial interest. 

4 (5) ALLOTTEE.—The term ‘‘Allottee’’ means— 

5 (A) an individual Indian holding a bene6 ficial interest in an Allotment; or 

7 (B) an Indian Tribe holding an undivided 

8 fractional beneficial interest in an Allotment. 

9 (6) DECREE COURT.—The term ‘‘Decree 

10 Court’’ means the Thirteenth Judicial District Court 

11 of the State of New Mexico. 

12 (7) ENFORCEABILITY DATE.—The term ‘‘En13 forceability Date’’ means the date described in sec14 tion 8. 

15 (8) NAVAJO NATION; NAVAJO; NATION.— 

16 (A) IN GENERAL.—The terms ‘‘Navajo 

17 Nation’’, ‘‘Navajo’’, and ‘‘Nation’’ mean the 

18 body politic and federally recognized Indian na19 tion, as published on the list required under 

20 section 104(a) of the Federally Recognized In21 dian Tribe List Act of 1994 (25 U.S.C. 

22 5131(a)), also known variously as the ‘‘Navajo 

23 Nation of Arizona, New Mexico, & Utah’’, and 

24 the ‘‘Navajo Nation of Indians’’ and other simi25 lar names. 


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1 (B) INCLUSIONS.—The terms ‘‘Navajo Na2 tion’’, ‘‘Navajo’’, and ‘‘Nation’’ include all 

3 bands of Navajo Indians and chapters of the 

4 Navajo Nation and all divisions, agencies, offi5 cers, and agents thereof. 

6 (9) NAVAJO NATION LANDS; NAVAJO LANDS.— 

7 (A) IN GENERAL.—The terms ‘‘Navajo 

8 Nation Lands’’ and ‘‘Navajo Lands’’ mean any 

9 real property— 

10 (i) in the Rio San Jose ́ Stream Sys11 tem that is held by the United States in 

12 trust for the Navajo Nation, or owned by 

13 the Navajo Nation, as of the Enforceability 

14 Date; or 

15 (ii) in the Rio Puerco Basin that is 

16 held by the United States in trust for the 

17 Navajo Nation, or owned by the Navajo 

18 Nation, as of the Enforceability Date. 

19 (B) INCLUSIONS.—The terms ‘‘Navajo Na20 tion Lands’’ and ‘‘Navajo Lands’’ include land 

21 placed in trust with the United States subse22 quent to the Enforceability Date for the Navajo 

23 Nation in the Rio San Jose ́ Stream System and 

24 in the Rio Puerco Basin. 


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1 (C) EXCLUSION.—The terms ‘‘Navajo Na2 tion Lands’’ and ‘‘Navajo Lands’’ do not in3 clude Allotments. 

4 (10) NAVAJO NATION WATER CODE.—The term 

5 ‘‘Navajo Nation Water Code’’ means the water code 

6 enacted in 1984 by the Navajo Nation Council 

7 through Resolution CAU–34–84. (22 N.N.C. 1101 

8 et seq.). 

9 (11) NAVAJO NATION WATER USE PERMIT.— 

10 The term ‘‘Navajo Nation Water Use Permit’’ 

11 means a document specifying terms and conditions 

12 for diversion and use of water on Navajo Nation 

13 Lands issued by the Navajo Nation within the scope 

14 of its authority under the Navajo Nation Water 

15 Code and the Settlement Agreement. 

16 (12) NAVAJO NATION’S WATER RIGHTS.— 

17 (A) IN GENERAL.—The term ‘‘Navajo Na18 tion’s Water Rights’’ means— 

19 (i) the water rights of the Navajo Na20 tion in the Rio San Jose ́ Stream System— 

21 (I) as identified in the Agreement 

22 and section 5; and 

23 (II) as confirmed in the Navajo 

24 Partial Final Judgment and Decree; 

25 and 


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1 (ii) the water rights of the Navajo Na2 tion in the Rio Puerco Basin, as identified 

3 in the Agreement and section 5. 

4 (B) EXCLUSIONS.—The term ‘‘Navajo Na5 tion’s Water Rights’’ does not include— 

6 (i) any interest that the Nation may 

7 have in an Allotment that is determined by 

8 the Secretary to be patented pursuant to 

9 section 1 of the Act of February 8, 1887 

10 (commonly known as the ‘‘Indian General 

11 Allotment Act’’) (24 Stat. 388, chapter 

12 119; 25 U.S.C. 331) (as in effect on the 

13 day before the date of enactment of the In14 dian Land Consolidation Act Amendments 

15 of 2000 (Public Law 106–462; 114 Stat. 

16 1991)); or 

17 (ii) any undivided interest that the 

18 Nation may have in an Allotment that is 

19 determined by the Secretary to be patented 

20 pursuant to an authority other than sec21 tion 1 of the Act of February 8, 1887 

22 (commonly known as the ‘‘Indian General 

23 Allotment Act’’) (24 Stat. 388, chapter 

24 119; 25 U.S.C. 331) (as in effect on the 

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1 dian Land Consolidation Act Amendments 

2 of 2000 (Public Law 106–462; 114 Stat. 

3 1991)). 

4 (13) NAVAJO PARTIAL FINAL JUDGMENT AND

5 DECREE.—The term ‘‘Navajo Partial Final Judg6 ment and Decree’’ means a final or interlocutory 

7 partial final judgment and decree entered by the De8 cree Court with respect to the Navajo Nation’s 

9 Water Rights— 

10 (A) that is substantially in the form de11 scribed in article 17.14.7.2 of the Agreement, 

12 as amended to ensure consistency with this Act; 

13 and 

14 (B) from which no further appeal may be 

15 taken. 

16 (14) NAVAJO TRUST FUND.—The term ‘‘Navajo 

17 Trust Fund’’ means the Navajo Nation Rio San 

18 Jose ́ Settlement Trust Fund established under sec19 tion 6(a). 

20 (15) RIO PUERCO BASIN.—The term ‘‘Rio 

21 Puerco Basin’’ means the area defined by the 

22 United States Geological Survey Hydrologic Unit 

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

24 13020205 (Arroyo Chico subbasin), including the 

25 hydrologically connected groundwater. 


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1 (16) RIO SAN JOSE ́ STREAM SYSTEM.—The 

2 term ‘‘Rio San Jose ́ Stream System’’ means the geo3 graphic extent of the area involved in the Adjudica4 tion pursuant to the description filed in the Decree 

5 Court on November 21, 1986. 

6 (17) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of the Interior. 

8 (18) SIGNATORY ACEQUIA.—The term ‘‘Signa9 tory Acequia’’ means an acequia that is a signatory 

10 to the Agreement. 

11 (19) STATE.—The term ‘‘State’’ means the 

12 State of New Mexico and all officers, agents, depart13 ments, and political subdivisions of the State of New 

14 Mexico. 

15 SEC. 4. RATIFICATION OF AGREEMENT. 

16 (a) RATIFICATION.— 

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

18 Act, and to the extent that the Agreement does not 

19 conflict with this Act, the Agreement is authorized, 

20 ratified, and confirmed. 

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

22 Agreement, or to any attachment to the Agreement 

23 requiring the signature of the Secretary, is executed 

24 in accordance with this Act to make the Agreement 


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1 consistent with this Act, the amendment is author2 ized, ratified, and confirmed. 

3 (b) EXECUTION.— 

4 (1) IN GENERAL.—To the extent that the 

5 Agreement does not conflict with this Act, the Sec6 retary shall execute the Agreement, including all at7 tachments to, or parts of, the Agreement requiring 

8 the signature of the Secretary. 

9 (2) MODIFICATIONS.—Nothing in this Act pro10 hibits the Secretary, after execution of the Agree11 ment, from approving any modification to the Agree12 ment, including an attachment to the Agreement, 

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

14 the modification does not otherwise require congres15 sional approval under section 2116 of the Revised 

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

17 provision of Federal law. 

18 (c) ENVIRONMENTAL COMPLIANCE.— 

19 (1) IN GENERAL.—In implementing the Agree20 ment and this Act, the Secretary shall comply 

21 with— 

22 (A) the Endangered Species Act of 1973 

23 (16 U.S.C. 1531 et seq.); 


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1 (B) the National Environmental Policy Act 

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

3 implementing regulations of that Act; and 

4 (C) all other applicable Federal environ5 mental laws and regulations. 

6 (2) COMPLIANCE.— 

7 (A) IN GENERAL.—In implementing the 

8 Agreement and this Act, the Navajo Nation 

9 shall prepare any necessary environmental doc10 uments, consistent with— 

11 (i) the Endangered Species Act of 

12 1973 (16 U.S.C. 1531 et seq.); 

13 (ii) the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.), in15 cluding the implementing regulations of 

16 that Act; and 

17 (iii) all other applicable Federal envi18 ronmental laws and regulations. 

19 (B) AUTHORIZATIONS.—The Secretary 

20 shall— 

21 (i) independently evaluate the docu22 mentation required under subparagraph 

23 (A); and 

24 (ii) be responsible for the accuracy, 

25 scope, and contents of that documentation. 


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

2 the Agreement by the Secretary under this section 

3 shall not constitute a major Federal action under 

4 the National Environmental Policy Act of 1969 (42 

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

6 (4) COSTS.—Any costs associated with the per7 formance of the compliance activities under this sub8 section shall be paid from funds deposited in the 

9 Navajo Trust Fund or other sources of funding from 

10 the Navajo Nation, subject to the condition that any 

11 costs associated with the performance of Federal ap12 proval or other review of such compliance work or 

13 costs associated with inherently Federal functions 

14 shall remain the responsibility of the Secretary. 

15 SEC. 5. NAVAJO NATION’S WATER RIGHTS. 

16 (a) TRUST STATUS OF NAVAJO NATION’S WATER

17 RIGHTS.—The Navajo Nation’s Water Rights shall be 

18 held in trust by the United States on behalf of the Nation 

19 in accordance with the Agreement and this Act. 

20 (b) FORFEITURE AND ABANDONMENT.— 

21 (1) IN GENERAL.—The Navajo Nation’s Water 

22 Rights shall not be subject to loss through non-use, 

23 forfeiture, abandonment, or other operation of law. 

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1 tion, or by the United States on behalf of the Na2 tion, after the date for inclusion in the Navajo Par3 tial Final Judgment and Decree, shall not be subject 

4 to forfeiture, abandonment, or permanent alienation 

5 from the time they are acquired. 

6 (c) USE.—Any use of the Navajo Nation’s Water 

7 Rights shall be subject to the terms and conditions of the 

8 Agreement and this Act. 

9 (d) ALLOTMENT RIGHTS NOT INCLUDED.—Con10 sistent with section 13, the Navajo Nation’s Water Rights 

11 shall not include any water rights for an Allotment, sub12 ject to the condition that the Navajo Nation may allow 

13 use of the Navajo Nation’s Water Rights on an Allotment 

14 subject to the terms and conditions of the Agreement and 

15 this Act. 

16 (e) ALLOTTEES NOT ADVERSELY AFFECTED.— 

17 Nothing in this Act quantifies or diminishes any water 

18 right, or any claim or entitlement to water, of an Allottee. 

19 (f) ALLOTTEE WATER RIGHTS.—The Nation shall 

20 not object in any general stream adjudication, including 

21 the Adjudication, to the quantification of reasonable do22 mestic, stock, and irrigation water uses on an Allotment, 

23 and shall administer any water use in accordance with ap24 plicable Federal law, including recognition of— 


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1 (1) any water use existing on an Allotment as 

2 of the date of enactment of this Act; 

3 (2) reasonable domestic, stock, and irrigation 

4 water uses on an Allotment; and 

5 (3) any water right decreed to the United 

6 States in trust for an Allottee in a general stream 

7 adjudication, including the Adjudication, for use on 

8 an Allotment. 

9 (g) AUTHORITY OF THE NAVAJO NATION.— 

10 (1) USE ON NAVAJO LANDS.—The Navajo Na11 tion shall have the authority to allocate, distribute, 

12 and lease the Navajo Nation’s Water Rights for use 

13 on Navajo Lands in accordance with the Agreement, 

14 this Act, and applicable Federal law, including the 

15 first section of the Act of August 9, 1955 (69 Stat. 

16 539, chapter 615; 25 U.S.C. 415) (commonly known 

17 as the ‘‘Long-Term Leasing Act’’). 

18 (2) USE OFF NAVAJO LANDS.— 

19 (A) IN GENERAL.—The Navajo Nation 

20 may allocate, distribute, and lease the Navajo 

21 Nation’s Water Rights for use off Navajo 

22 Lands in accordance with the Agreement, this 

23 Act, and applicable Federal law, subject to the 

24 approval of the Secretary. 


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1 (B) MAXIMUM TERM.—The maximum 

2 term of any lease, including all renewals, under 

3 this paragraph shall not exceed 99 years. 

4 (h) ADMINISTRATION.— 

5 (1) NO ALIENATION.—The Navajo Nation shall 

6 not permanently alienate any portion of the Navajo 

7 Nation’s Water Rights. 

8 (2) PURCHASES OR GRANTS OF LAND FROM IN9 DIANS.—An authorization provided by this Act for 

10 the allocation, distribution, leasing, or other ar11 rangement entered into pursuant to this Act shall be 

12 considered to satisfy any requirement for authoriza13 tion of the action required by Federal law. 

14 (3) PROHIBITION ON FORFEITURE.—The non15 use of all or any portion of the Navajo Nation’s 

16 Water Rights by any water user shall not result in 

17 the forfeiture, abandonment, relinquishment, or 

18 other loss of all or any portion of the Navajo Na19 tion’s Water Rights. 

20 (4) FORBEARANCE BY NAVAJO NATION FOR

21 NON-STOCK WATER RIGHTS OF CERTAIN ALLOT22 MENTS.—Forbearance by the Navajo Nation in ac23 cordance with Article 17.13.4 of the Agreement— 

24 (A) shall be considered non-use for pur25 poses of paragraph (3); and 


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1 (B) shall not result in the forfeiture, aban2 donment, relinquishment, or other loss of any 

3 portion of the Navajo Nation’s Water Rights. 

4 SEC. 6. NAVAJO NATION RIO SAN JOSE ́ SETTLEMENT 

5 TRUST FUND. 

6 (a) ESTABLISHMENT.—The Secretary shall establish 

7 a trust fund, to be known as the ‘‘Navajo Nation Rio San 

8 Jose ́ Water Rights Settlement Trust Fund’’, to be man9 aged, invested, and distributed by the Secretary and to 

10 remain available until expended, withdrawn, or reverted 

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

12 amounts deposited in the Navajo Trust Fund under sub13 section (c), together with any investment earnings, includ14 ing interest, earned on those amounts, for the purpose of 

15 carrying out this Act. 

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

17 Navajo Trust Fund the following accounts: 

18 (1) The Navajo Nation Water Rights Settle19 ment Account. 

20 (2) The Navajo Nation Operations and Mainte21 nance Account. 

22 (c) DEPOSITS.—The Secretary shall deposit in the 

23 Navajo Trust Fund the amounts made available pursuant 

24 to section 7(a). 

25 (d) MANAGEMENT AND INTEREST.— 


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

2 funds into the Navajo Trust Fund under subsection 

3 (c), the Secretary shall manage, invest, and dis4 tribute all amounts in the Navajo Trust Fund in a 

5 manner that is consistent with the investment au6 thority of the Secretary under— 

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

8 1938 (25 U.S.C. 162a); 

9 (B) the American Indian Trust Fund Man10 agement Reform Act of 1994 (25 U.S.C. 4001 

11 et seq.); and 

12 (C) this subsection. 

13 (2) INVESTMENT EARNINGS.—In addition to 

14 the deposits made to the Navajo Trust Fund under 

15 subsection (c), any investment earnings, including 

16 interest, earned on those amounts held in the Nav17 ajo Trust Fund are authorized to be used in accord18 ance with subsections (f) and (h). 

19 (e) AVAILABILITY OF AMOUNTS.— 

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

21 and deposited in, the Navajo Trust Fund, including 

22 any investment earnings, including interest, earned 

23 on those amounts, shall be made available to the Na24 tion by the Secretary beginning on the Enforce25 ability Date, subject to the requirements of this secVerDate Sep 11 2014 02:41 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.IS S4998

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1 tion, except for funds to be made available to the 

2 Nation pursuant to paragraph (2). 

3 (2) USE OF FUNDS.—Notwithstanding para4 graph (1), up to $15,000,000 of the amounts depos5 ited in the Navajo Nation Water Rights Settlement 

6 Account, including any investment earnings, includ7 ing interest, earned on those amounts, shall be avail8 able to the Nation on the date on which the amounts 

9 are deposited in the Navajo Nation Water Rights 

10 Settlement Account for the following uses: 

11 (A) Feasibility studies, planning, engineer12 ing, design, and related environmental, cultural, 

13 and historical compliance, and obtaining rights14 of-way or permits for water supply infrastruc15 ture to serve Navajo Nation needs consistent 

16 with subsection (h)(1)(B). 

17 (B) Installing, on Navajo Lands, ground18 water wells and associated infrastructure to 

19 meet immediate domestic, commercial, munic20 ipal and industrial water needs, and associated 

21 environmental, cultural, and historical compli22 ance. 

23 (f) WITHDRAWALS.— 


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1 (1) WITHDRAWALS UNDER THE AMERICAN IN2 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

3 1994.— 

4 (A) IN GENERAL.—The Navajo Nation 

5 may withdraw any portion of the amounts in 

6 the Navajo Trust Fund on approval by the Sec7 retary of a Tribal management plan submitted 

8 by the Nation in accordance with the American 

9 Indian Trust Fund Management Reform Act of 

10 1994 (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 Nation shall spend all amounts withdrawn from 

17 the Navajo Trust Fund, and any investment 

18 earnings, including interest, earned on those 

19 amounts, through the investments under the 

20 Tribal management plan, in accordance with 

21 this Act. 

22 (C) ENFORCEMENT.—The Secretary may 

23 carry out such judicial and administrative ac24 tions as the Secretary determines to be nec25 essary to enforce the Tribal management plan 


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1 under this paragraph to ensure that amounts 

2 withdrawn by the Nation from the Navajo 

3 Trust Fund under subparagraph (A) are used 

4 in accordance with this Act. 

5 (2) WITHDRAWALS UNDER EXPENDITURE

6 PLAN.— 

7 (A) IN GENERAL.—The Navajo Nation 

8 may submit to the Secretary a request to with9 draw funds from the Navajo Trust Fund pursu10 ant to an approved expenditure plan. 

11 (B) REQUIREMENTS.—To be eligible to 

12 withdraw amounts under an expenditure plan 

13 under subparagraph (A), the Nation shall sub14 mit to the Secretary an expenditure plan for 

15 any portion of the Navajo Trust Fund that the 

16 Nation elects to withdraw pursuant to that sub17 paragraph, subject to the condition that the 

18 amounts shall be used for the purposes de19 scribed in this Act. 

20 (C) INCLUSIONS.—An expenditure plan 

21 under this paragraph shall include a description 

22 of the manner and purpose for which the 

23 amounts proposed to be withdrawn from the 

24 Navajo Trust Fund will be used by the Nation, 


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1 in accordance with this subsection and sub2 section (h). 

3 (D) APPROVAL.—The Secretary shall ap4 prove an expenditure plan submitted under sub5 paragraph (A) if the Secretary determines that 

6 the plan— 

7 (i) is reasonable; and 

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

9 for, the purposes of this Act. 

10 (E) ENFORCEMENT.—The Secretary may 

11 carry out such judicial and administrative ac12 tions as the Secretary determines to be nec13 essary to enforce an expenditure plan to ensure 

14 that amounts disbursed under this paragraph 

15 are used in accordance with this Act. 

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

17 gives the Navajo Nation the right to judicial review of a 

18 determination of the Secretary relating to whether to ap19 prove a Tribal management plan under paragraph (1) of 

20 subsection (f) or an expenditure plan under paragraph (2) 

21 of that subsection except under subchapter II of chapter 

22 5, and chapter 7, of title 5, United States Code (commonly 

23 known as the ‘‘Administrative Procedure Act’’). 

24 (h) USES.— 


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1 (1) NAVAJO NATION WATER RIGHTS SETTLE2 MENT ACCOUNT.—The Navajo Nation Water Rights 

3 Settlement Account may only be used for the fol4 lowing purposes: 

5 (A) Acquiring water rights or water sup6 ply. 

7 (B) Planning, permitting, designing, engi8 neering, constructing, reconstructing, replacing, 

9 rehabilitating, operating, or repairing water 

10 production, treatment, or delivery infrastruc11 ture, including for domestic and municipal use, 

12 on-farm improvements, or wastewater infra13 structure. 

14 (C) Navajo Nation’s Water Rights man15 agement and administration. 

16 (D) Watershed protection and enhance17 ment, support of agriculture, water-related Nav18 ajo community welfare and economic develop19 ment, and costs relating to implementation of 

20 the Agreement. 

21 (E) Environmental compliance in the de22 velopment and construction of infrastructure 

23 under this Act. 

24 (2) NAVAJO NATION OPERATIONS AND MAINTE25 NANCE ACCOUNT.—The Navajo Nation Water InfraVerDate Sep 11 2014 02:41 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.IS S4998

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•S 4998 IS

1 structure Operations and Maintenance Account may 

2 only be used to pay costs for operation, mainte3 nance, and replacement of water infrastructure to 

4 serve Navajo domestic, commercial, municipal, and 

5 industrial water uses from any water source. 

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

7 the Treasury shall not be liable for the expenditure or in8 vestment of any amounts withdrawn from the Navajo 

9 Trust Fund by the Nation under paragraph (1) or (2) of 

10 subsection (f). 

11 (j) EXPENDITURE REPORTS.—The Navajo Nation 

12 shall annually submit to the Secretary an expenditure re13 port describing accomplishments and amounts spent from 

14 use of withdrawals under a Tribal management plan or 

15 an expenditure plan under paragraph (1) or (2) of sub16 section (f), as applicable. 

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

18 the Navajo Trust Fund shall be distributed on a per capita 

19 basis to any member of Navajo Nation. 

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

21 over, and operation of any project constructed using funds 

22 from the Navajo Trust Fund shall remain in the Navajo 

23 Nation. 

24 (m) OPERATION, MAINTENANCE, AND REPLACE25 MENT.—All operation, maintenance, and replacement 


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•S 4998 IS

1 costs of any project constructed using funds from the Nav2 ajo Trust Fund shall be the responsibility of the Nation. 

3 SEC. 7. FUNDING. 

4 (a) MANDATORY APPROPRIATIONS.—Out of any 

5 money in the Treasury not otherwise appropriated, the 

6 Secretary of the Treasury shall transfer to the Secretary 

7 the following amounts for deposit in the following ac8 counts: 

9 (1) THE NAVAJO NATION WATER RIGHTS SET10 TLEMENT ACCOUNT.—For deposit in the Navajo Na11 tion Water Rights Settlement Account established 

12 under section 6(b)(1), $200,271,000, to remain 

13 available until expended, withdrawn, or reverted to 

14 the general fund of the Treasury. 

15 (2) THE NAVAJO NATION OPERATIONS AND

16 MAINTENANCE ACCOUNT.—For deposit in the Nav17 ajo Nation Operations and Maintenance Account es18 tablished under section 6(b)(2), $23,000,000, to re19 main available until expended, withdrawn, or re20 verted to the general fund of the Treasury. 

21 (b) FLUCTUATION IN COSTS.— 

22 (1) IN GENERAL.—The amounts appropriated 

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

24 as appropriate, by such amounts as may be justified 

25 by reason of ordinary fluctuations in costs, as indiVerDate Sep 11 2014 02:41 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.IS S4998

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1 cated by the Bureau of Reclamation Construction 

2 Cost Index–Composite Trend. 

3 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

4 amounts appropriated under subsection (a) shall be 

5 adjusted to address construction cost changes nec6 essary to account for unforeseen market volatility 

7 that may not otherwise be captured by construction 

8 cost indices, as determined by the Secretary, includ9 ing repricing applicable to the types of construction 

10 and current industry standards involved. 

11 (3) REPETITION.—The adjustment process 

12 under this subsection shall be repeated for each sub13 sequent amount appropriated until the applicable 

14 amount, as adjusted, has been appropriated. 

15 (4) PERIOD OF INDEXING.—The period of in16 dexing adjustment under this subsection for any in17 crement of funding shall start on October 1, 2021, 

18 and end on the date on which funds are deposited 

19 in the Navajo Trust Fund. 

20 (c) STATE COST-SHARE.—Pursuant to the Agree21 ment, the State shall contribute— 

22 (1) $3,000,000, as adjusted for inflation pursu23 ant to the Agreement, to the Bluewater Toltec Irri24 gation District and Acequia Madre del Ojo del Gallo 

25 for purposes described in the Agreement; and 


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•S 4998 IS

1 (2) if applicable, additional funding subject to 

2 the provisions of Article 17.12.4 of the Agreement. 

3 SEC. 8. ENFORCEABILITY DATE. 

4 The Enforceability Date shall be the date on which 

5 the Secretary publishes in the Federal Register a state6 ment of findings that— 

7 (1) to the extent that the Agreement conflicts 

8 with this Act, the Agreement has been amended to 

9 conform with this Act; 

10 (2) the Agreement, as amended, has been exe11 cuted by all parties to the Agreement, including the 

12 United States; 

13 (3) all of the amounts appropriated under sec14 tion 7(a) have been appropriated and deposited in 

15 the designated accounts of the Navajo Trust Fund; 

16 (4) the State has— 

17 (A) provided $3,000,000 of funding under 

18 section 7(c)(1) into the appropriate funding ac19 counts or entered into a funding agreement 

20 with the intended beneficiaries for that funding; 

21 and 

22 (B) enacted legislation to amend State law 

23 to provide that a Navajo Nation Water Right 

24 may be leased for a term not to exceed 99 

25 years, including renewals; 


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•S 4998 IS

1 (5) the Decree Court has approved the Agree2 ment and has entered the Navajo Partial Final 

3 Judgment and Decree; and 

4 (6) the waivers and releases under section 9 

5 have been executed by the Navajo Nation and the 

6 Secretary. 

7 SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 

8 (a) WAIVERS AND RELEASES OF CLAIMS BY THE

9 NAVAJO NATION AND UNITED STATES AS TRUSTEE FOR

10 THE NATION.—Subject to the reservation of rights and 

11 retention of claims under subsection (d), as consideration 

12 for recognition of the Navajo Nation’s Water Rights and 

13 other benefits described in the Agreement and this Act, 

14 the Navajo Nation, on behalf of the Nation and members 

15 of the Nation (other than members in their capacity as 

16 Allottees), and the United States, acting as trustee for the 

17 Nation and members of the Nation (other than members 

18 in their capacity as Allottees), shall execute a waiver and 

19 release of all claims for— 

20 (1) water rights within the Rio San Jose ́

21 Stream System that the Navajo Nation or the 

22 United States acting as trustee for the Nation, as23 serted or could have asserted in any proceeding, in24 cluding the Adjudication, on or before the EnforceVerDate Sep 11 2014 02:41 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.IS S4998

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•S 4998 IS

1 ability Date, except to the extent that such rights 

2 are recognized in the Agreement and this Act; and 

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

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

5 of water rights (including claims for injury to land 

6 resulting from such damages, losses, injuries, inter7 ference with, diversion, or taking of water rights) in 

8 the waters in the Rio San Jose ́ Stream System 

9 against any party to the Agreement, including the 

10 members and parciantes of Signatory Acequias, that 

11 accrued at any time up to and including the En12 forceability Date. 

13 (b) WAIVERS AND RELEASES OF CLAIMS BY NAVAJO

14 NATION AGAINST UNITED STATES.—Subject to the res15 ervation of rights and retention of claims under subsection 

16 (d), the Navajo Nation, on behalf of the Nation (including 

17 in its capacity as an Allottee) and members of the Nation 

18 (other than members in their capacity as Allottees) shall 

19 execute a waiver and release of all claims against the 

20 United States (including any agency or employee of the 

21 United States) first arising before the Enforceability Date 

22 relating to— 

23 (1) water rights within the Rio San Jose ́

24 Stream System that the United States, acting as 

25 trustee for the Navajo Nation, asserted or could 


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•S 4998 IS

1 have asserted in any proceeding, including the Adju2 dication, except to the extent that such rights are 

3 recognized as part of the Navajo Nation’s Water 

4 Rights under this Act; 

5 (2) foregone benefits from non-Navajo use of 

6 water, on and off Navajo Lands, including water 

7 from all sources and for all uses, within the Rio San 

8 Jose ́ Stream System; 

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

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

11 water or water rights, including damages, losses, or 

12 injuries to hunting, fishing, gathering, or cultural 

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

14 relating to interference with, diversion of, or taking 

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

16 acquire, replace, or develop water, water rights, or 

17 water infrastructure, within the Rio San Jose ́

18 Stream System; 

19 (4) a failure to provide for operation, mainte20 nance, or deferred maintenance for any irrigation 

21 system or irrigation project within the Rio San Jose ́

22 Stream System; 

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

24 rural, or industrial water delivery system on Navajo 

25 Lands within the Rio San Jose ́ Stream System; 


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•S 4998 IS

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

2 rights, land, or natural resources due to construc3 tion, operation, and management of irrigation 

4 projects on Navajo Lands, including damages, 

5 losses, or injuries to fish habitat, wildlife, and wild6 life habitat, within the Rio San Jose ́ Stream System; 

7 (7) a failure to provide a dam safety improve8 ment to a dam on Navajo Lands within the Rio San 

9 Jose ́ Stream System; 

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

11 right of the Nation within the Rio San Jose ́ Stream 

12 System; and 

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

14 the Agreement, including attachments, and this Act. 

15 (c) EFFECTIVE DATE.—The waivers and releases de16 scribed in subsections (a) and (b) shall take effect on the 

17 Enforceability Date. 

18 (d) RESERVATION OF RIGHTS AND RETENTION OF

19 CLAIMS.—Notwithstanding the waivers and releases under 

20 subsections (a) and (b), the Navajo Nation and the United 

21 States, acting as trustee for the Nation, shall retain all 

22 claims relating to— 

23 (1) the enforcement of, or claims accruing after 

24 the Enforceability Date relating to water rights rec25 ognized under the Agreement, this Act, or the NavVerDate Sep 11 2014 02:41 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.IS S4998

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•S 4998 IS

1 ajo Partial Final Judgment and Decree entered in 

2 the Adjudication; 

3 (2) activities affecting the quality of water and 

4 the environment, including claims under— 

5 (A) the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 

7 1980 (42 U.S.C. 9601 et seq.), including claims 

8 for damages to natural resources; 

9 (B) the Safe Drinking Water Act (42 

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

11 (C) the Federal Water Pollution Control 

12 Act (33 U.S.C. 1251 et seq.) (commonly re13 ferred to as the ‘‘Clean Water Act’’); and 

14 (D) any regulations implementing the Acts 

15 described in subparagraphs (A) through (C); 

16 (3) the right to use and protect water rights ac17 quired after the date of enactment of this Act; 

18 (4) damage, loss, or injury to land or natural 

19 resources that is not due to loss of water or water 

20 rights, including hunting, fishing, gathering, or cul21 tural rights; 

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

23 injury to water rights, in basins other than the Rio 

24 San Jose ́ Stream System, subject to the Agreement 


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•S 4998 IS

1 with respect to the claims of the Navajo Nation for 

2 water rights in the Rio Puerco Basin; and 

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

4 powers, and claims not specifically waived and re5 leased pursuant to this Act or the Agreement. 

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

7 the Agreement or this Act— 

8 (1) reduces or extends the sovereignty (includ9 ing civil and criminal jurisdiction) of any govern10 ment entity, except as provided in section 11; 

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

12 sovereign, to carry out any activity authorized by 

13 law, including— 

14 (A) the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9601 et seq.); 

17 (B) the Safe Drinking Water Act (42 

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

19 (C) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.) (commonly re21 ferred to as the ‘‘Clean Water Act’’); 

22 (D) the Solid Waste Disposal Act (42 

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

24 (E) any regulations implementing the Acts 

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


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•S 4998 IS

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

2 act as trustee for the Navajo Nation (consistent with 

3 this Act), any other Indian Tribe, or an Allottee of 

4 any other Indian Tribe; 

5 (4) confers jurisdiction on any State court— 

6 (A) to interpret Federal law relating to 

7 health, safety, or the environment; 

8 (B) to determine the duties of the United 

9 States or any other party under Federal law re10 garding health, safety, or the environment; or 

11 (C) to conduct judicial review of any Fed12 eral agency action; or 

13 (5) waives any claim of a member of the Navajo 

14 Nation in an individual capacity that does not derive 

15 from a right of the Navajo Nation. 

16 (f) OFFSET RELATING TO RIO PUERCO.—The 

17 United States shall be entitled to offset $20,000,000 

18 against— 

19 (1) any judgment against the United States for 

20 claims relating to water rights in the Rio Puerco 

21 Basin, including breach of trust and damage claims 

22 relating to water rights in the Rio Puerco Basin, in 

23 a case brought by the Nation or any user of the 

24 Navajo Nation’s Water Rights; or 


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•S 4998 IS

1 (2) a Federal contribution to any future settle2 ment of water rights of the Navajo Nation in the 

3 Rio Puerco Basin. 

4 (g) TOLLING OF CLAIMS.— 

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

6 limitation and time-based equitable defense relating 

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

8 the period beginning on the date of enactment of 

9 this Act and ending on the Enforceability Date. 

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

11 subsection revives any claim or tolls any period of 

12 limitation or time-based equitable defense that ex13 pired before the date of enactment of this Act. 

14 (3) LIMITATION.—Nothing in this section pre15 cludes the tolling of any period of limitation or any 

16 time-based equitable defense under any other appli17 cable law. 

18 (h) EXPIRATION.— 

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

20 case in which the Secretary fails to publish a state21 ment of findings under section 8 by not later than— 

22 (A) July 1, 2030; or 

23 (B) such alternative later date as is agreed 

24 to by the Navajo Nation and the Secretary, 

25 after providing reasonable notice to the State. 


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•S 4998 IS

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

2 paragraph (1)— 

3 (A) the waivers and releases under sub4 sections (a) and (b) shall— 

5 (i) expire; and 

6 (ii) have no further force or effect; 

7 (B) the authorization, ratification, con8 firmation, and execution of the Agreement 

9 under section 4 shall no longer be effective; 

10 (C) any action carried out by the Sec11 retary, and any contract or agreement entered 

12 into, pursuant to this Act shall be void; 

13 (D) any unexpended Federal funds appro14 priated or made available to carry out the ac15 tivities authorized by this Act, together with 

16 any interest earned on those funds, and any 

17 water rights or contracts to use water and title 

18 to other property acquired or constructed with 

19 Federal funds appropriated or made available 

20 to carry out the activities authorized by this 

21 Act, shall be returned to the Federal Govern22 ment, unless otherwise agreed to by Navajo Na23 tion and the United States and approved by 

24 Congress; and 


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•S 4998 IS

1 (E) except for Federal funds used to ac2 quire or construct property that is returned to 

3 the Federal Government under subparagraph 

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

5 any Federal funds made available to carry out 

6 this Act that were expended or withdrawn, or 

7 any funds made available to carry out this Act 

8 from other Federal authorized sources, together 

9 with any interest accrued on those funds, 

10 against any claims against the United States— 

11 (i) relating to water rights in the 

12 State asserted by— 

13 (I) the Nation or any user of the 

14 Navajo Nation’s Water Rights; or 

15 (II) any other matter covered by 

16 subsection (b); or 

17 (ii) in any future settlement of water 

18 rights of the Navajo Nation. 

19 SEC. 10. SATISFACTION OF CLAIMS. 

20 The benefits provided under this Act shall be in com21 plete replacement of, complete substitution for, and full 

22 satisfaction of any claim of the Navajo Nation against the 

23 United States that are waived and released by the Nation 

24 pursuant to section 9(b). 


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•S 4998 IS

1 SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 

2 FOR JUDICIAL REVIEW OF A NAVAJO NATION 

3 WATER USE PERMIT DECISION. 

4 (a) CONSENT.—On the Enforceability Date, the con5 sent of the United States is hereby given, with the consent 

6 of the Navajo Nation under Article 17.14.4 of the Agree7 ment, to jurisdiction in the District Court for the Thir8 teenth Judicial District of the State of New Mexico, and 

9 in the New Mexico Court of Appeals and the New Mexico 

10 Supreme Court on appeal therefrom in the same manner 

11 as provided under New Mexico law, over an action filed 

12 in such District Court by any party to a Navajo Nation 

13 Water Use Permit administrative proceeding under Article 

14 17.10.4 of the Agreement for the limited and sole purpose 

15 of judicial review of a Navajo Nation Water Use Permit 

16 decision under article 17.10.5 of the Agreement. 

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

18 for review of a Navajo Nation Water Use Permit is limited 

19 to judicial review, based on the record developed through 

20 the administrative process of the Navajo Nation, under a 

21 standard of judicial review limited to determining whether 

22 the Navajo Nation decision on the application for the Nav23 ajo Nation Water Use Permit— 

24 (1) is supported by substantial evidence; 

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

26 law; 


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•S 4998 IS

1 (3) is not in accordance with the Agreement or 

2 the Navajo Partial Final Judgment and Decree; or 

3 (4) shows that the Navajo Nation acted fraudu4 lently or outside the scope of its authority. 

5 (c) NAVAJO NATION WATER CODE AND INTERPRE6 TATION.— 

7 (1) IN GENERAL.—Navajo Nation Water Code 

8 or Navajo Water Law provisions that meet the re9 quirements of Article 17.10 of the Agreement shall 

10 be given full faith and credit in any proceeding de11 scribed in this section. 

12 (2) PROVISIONS OF THE NAVAJO NATION

13 WATER CODE.—To the extent that a State court 

14 conducting judicial review under this section must 

15 interpret provisions of Navajo Nation law that are 

16 not express provisions of the Navajo Nation Water 

17 Code or Navajo Nation water law, the State court 

18 shall certify the question of interpretation to the 

19 Navajo Nation court. 

20 (3) NO CERTIFICATION.—Any issues of inter21 pretation of standards in article 17.10.6 of the 

22 Agreement are not subject to certification. 

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

24 the jurisdiction of the Decree Court to interpret and 

25 enforce the Agreement. 


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•S 4998 IS

1 SEC. 12. MISCELLANEOUS PROVISIONS. 

2 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

3 UNITED STATES.—Nothing in this Act waives the sov4 ereign immunity of the United States. 

5 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

6 Nothing in this Act quantifies or diminishes any land or 

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

8 of an Indian Tribe, band, Pueblo, or community other 

9 than the Navajo Nation. 

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

11 affects any provision of law (including regulations) in ef12 fect on the day before the date of enactment of this Act 

13 with respect to pre-enforcement review of any Federal en14 vironmental enforcement action. 

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

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

17 SEC. 13. RELATION TO ALLOTTEES. 

18 (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth19 ing in this Act or the Agreement shall affect the rights 

20 or claims of Allottees, or the United States, acting in its 

21 capacity as trustee for or on behalf of Allottees, for water 

22 rights or damages relating to land allotted by the United 

23 States to Allottees. 

24 (b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 

25 (1) SEPARATE ADJUDICATION.—Notwith26 standing whether an Allotment is patented pursuant 


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•S 4998 IS

1 to section 1 of the Act of February 8, 1887 (com2 monly known as the ‘‘Indian General Allotment 

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

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

5 of the Indian Land Consolidation Act Amendments 

6 of 2000 (Public Law 106–462; 114 Stat. 1991)) or 

7 section 4 of that Act (24 Stat. 389, chapter 119; 25 

8 U.S.C. 334), as determined by the Secretary, when 

9 adjudicated— 

10 (A) water rights for Allotments shall be 

11 separate from the Navajo Nation’s Water 

12 Rights; and 

13 (B) no water rights for Allotments shall be 

14 included in the Navajo Partial Final Judgment 

15 and Decree. 

16 (2) ALLOTMENT WATER RIGHTS.—The Allot17 ment water rights adjudicated separately pursuant 

18 to paragraph (1) shall not be subject to the restric19 tions or conditions that apply to the use of the Nav20 ajo Nation’s Water Rights, subject to the condition 

21 that if an Allotment governed by the Act of Feb22 ruary 8, 1887 (commonly known as the ‘‘Indian 

23 General Allotment Act’’) (24 Stat. 388, chapter 

24 119) becomes Navajo Nation Lands, the water 

25 rights associated with that Allotment shall be subVerDate Sep 11 2014 02:41 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.IS S4998

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•S 4998 IS

1 ject to the restrictions and conditions on the Navajo 

2 Nation’s Water Rights set forth in this Act and the 

3 Agreement. 

4 (3) ALLOTTEE WATER RIGHTS TO BE ADJU5 DICATED.—Allottees, or the United States, acting in 

6 its capacity as trustee for Allottees, may make water 

7 rights claims, and those claims may be adjudicated 

8 in the Rio San Jose ́ Stream System or the Rio 

9 Puerco Basin. 

10 SEC. 14. EXPANSION OF NAVAJO-GALLUP WATER SUPPLY 

11 PROJECT SERVICE AREA. 

12 (a) DEFINITION OF PROJECT.—In this section, the 

13 term ‘‘Project’’ means the Navajo-Gallup Water Supply 

14 Project authorized under section 10602 of the North15 western New Mexico Rural Water Projects Act (Public 

16 Law 111–11; 123 Stat. 1379). 

17 (b) EXPANSION OF PROJECT SERVICE AREA AU18 THORIZED.—The Nation may expand the service area for 

19 the Project in order to deliver water supply from the 

20 Project to communities of the Nation within the Rio San 

21 Jose ́ Basin in the State. 

22 (c) APPROVAL OF FINAL DESIGN FOR EXPANSION.— 

23 If water will be supplied from facilities of the Project to 

24 the Rio San Jose ́ Basin at a time when the Bureau of 


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•S 4998 IS

1 Reclamation still holds title to those facilities, the Navajo 

2 Nation shall— 

3 (1) obtain approval, in writing, from the Com4 missioner of Reclamation for the final design of the 

5 connection and related facilities needed to connect 

6 the extension into the Rio San Jose ́ area from those 

7 facilities; and 

8 (2) coordinate construction of the connection 

9 and related facilities with the Commissioner of Rec10 lamation. 

11 SEC. 15. ANTIDEFICIENCY. 

12 The United States shall not be liable for any failure 

13 to carry out any obligation or activity authorized by this 

14 Act, including any obligation or activity under the Agree15 ment, if adequate appropriations are not provided ex16 pressly by Congress to carry out the purposes of this Act. 

Æ 


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