II 

Calendar No. 665 

118TH CONGRESS 

2D SESSION S. 4998 

[Report No. 118–263] 

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 

DECEMBER 4, 2024 

Reported by Mr. SCHATZ, without amendment 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Navajo Nation Rio San Jose ́ Stream System Water 

4 Rights Settlement Act of 2024’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

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. 

7 SEC. 2. PURPOSES. 

8 The purposes of this Act are— 

9 (1) to achieve a fair, equitable, and final settle10 ment of all claims to water rights in the general 

11 stream adjudication of the Rio San Jose ́ Stream 

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

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

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

15 (consolidated), pending in the Thirteenth Judicial 

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

17 (A) the Navajo Nation; and 


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1 (B) the United States, acting as trustee 

2 for the Navajo Nation; 

3 (2) to authorize, ratify, and confirm the agree4 ment entered into by the Navajo Nation, the State, 

5 and various other parties to the Agreement, to the 

6 extent that the Agreement is consistent with this 

7 Act; 

8 (3) to authorize and direct the Secretary— 

9 (A) to execute the Agreement; and 

10 (B) to take any other actions necessary to 

11 carry out the Agreement in accordance with 

12 this Act; and 

13 (4) to authorize funds necessary for the imple14 mentation of the Agreement and this Act. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

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

18 each of the Bluewater Toltec Irrigation District, La 

19 Acequia Madre del Ojo del Gallo, Moquino Water 

20 Users Association II, Murray Acres Irrigation Asso21 ciation, San Mateo Irrigation Association, Seboyeta 

22 Community Irrigation Association, Cubero Acequia 

23 Association, Cebolletita Acequia Association, and 

24 Community Ditch of Rio San Jose ́ de la Cienega. 


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

2 means the general adjudication of water rights enti3 tled ‘‘State of New Mexico, ex rel. State Engineer v. 

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

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

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

7 the Decree Court. 

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

9 means— 

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

11 to, and as provided in Article 17 of, the docu12 ment entitled ‘‘Rio San Jose ́ Stream System 

13 Water Rights Local Settlement Agreement 

14 Among the Pueblo of Acoma, the Pueblo of La15 guna, the Navajo Nation, the State of New 

16 Mexico, the City of Grants, the Village of 

17 Milan, the Association of Community Ditches of 

18 the Rio San Jose ́ and Nine Individual Acequias 

19 and Community Ditches’’ and dated May 13, 

20 2022, and the attachments thereto and to the 

21 addendum; and 

22 (B) any amendment to the documents re23 ferred to in subparagraph (A) (including an 

24 amendment to an attachment) that is executed 


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1 to ensure that the Agreement is consistent with 

2 this Act. 

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

4 means a parcel of land that is— 

5 (A) located within— 

6 (i) the Rio Puerco Basin; or 

7 (ii) the Rio San Jose ́ Stream System; 

8 and 

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

10 the benefit of— 

11 (i) 1 or more individual Indians; or 

12 (ii) an Indian Tribe holding an undi13 vided fractional beneficial interest. 

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

15 (A) an individual Indian holding a bene16 ficial interest in an Allotment; or 

17 (B) an Indian Tribe holding an undivided 

18 fractional beneficial interest in an Allotment. 

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

20 Court’’ means the Thirteenth Judicial District Court 

21 of the State of New Mexico. 

22 (7) ENFORCEABILITY DATE.—The term ‘‘En23 forceability Date’’ means the date described in sec24 tion 8. 

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


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1 (A) IN GENERAL.—The terms ‘‘Navajo 

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

3 body politic and federally recognized Indian na4 tion, as published on the list required under 

5 section 104(a) of the Federally Recognized In6 dian Tribe List Act of 1994 (25 U.S.C. 

7 5131(a)), also known variously as the ‘‘Navajo 

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

9 the ‘‘Navajo Nation of Indians’’ and other simi10 lar names. 

11 (B) INCLUSIONS.—The terms ‘‘Navajo Na12 tion’’, ‘‘Navajo’’, and ‘‘Nation’’ include all 

13 bands of Navajo Indians and chapters of the 

14 Navajo Nation and all divisions, agencies, offi15 cers, and agents thereof. 

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

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

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

19 real property— 

20 (i) in the Rio San Jose ́ Stream Sys21 tem that is held by the United States in 

22 trust for the Navajo Nation, or owned by 

23 the Navajo Nation, as of the Enforceability 

24 Date; or 


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1 (ii) in the Rio Puerco Basin that is 

2 held by the United States in trust for the 

3 Navajo Nation, or owned by the Navajo 

4 Nation, as of the Enforceability Date. 

5 (B) INCLUSIONS.—The terms ‘‘Navajo Na6 tion Lands’’ and ‘‘Navajo Lands’’ include land 

7 placed in trust with the United States subse8 quent to the Enforceability Date for the Navajo 

9 Nation in the Rio San Jose ́ Stream System and 

10 in the Rio Puerco Basin. 

11 (C) EXCLUSION.—The terms ‘‘Navajo Na12 tion Lands’’ and ‘‘Navajo Lands’’ do not in13 clude Allotments. 

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

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

16 enacted in 1984 by the Navajo Nation Council 

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

18 et seq.). 

19 (11) NAVAJO NATION WATER USE PERMIT.— 

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

21 means a document specifying terms and conditions 

22 for diversion and use of water on Navajo Nation 

23 Lands issued by the Navajo Nation within the scope 

24 of its authority under the Navajo Nation Water 

25 Code and the Settlement Agreement. 


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

2 (A) IN GENERAL.—The term ‘‘Navajo Na3 tion’s Water Rights’’ means— 

4 (i) the water rights of the Navajo Na5 tion in the Rio San Jose ́ Stream System— 

6 (I) as identified in the Agreement 

7 and section 5; and 

8 (II) as confirmed in the Navajo 

9 Partial Final Judgment and Decree; 

10 and 

11 (ii) the water rights of the Navajo Na12 tion in the Rio Puerco Basin, as identified 

13 in the Agreement and section 5. 

14 (B) EXCLUSIONS.—The term ‘‘Navajo Na15 tion’s Water Rights’’ does not include— 

16 (i) any interest that the Nation may 

17 have in an Allotment that is determined by 

18 the Secretary to be patented pursuant to 

19 section 1 of the Act of February 8, 1887 

20 (commonly known as the ‘‘Indian General 

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

22 119; 25 U.S.C. 331) (as in effect on the 

23 day before the date of enactment of the In24 dian Land Consolidation Act Amendments 


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

2 1991)); or 

3 (ii) any undivided interest that the 

4 Nation may have in an Allotment that is 

5 determined by the Secretary to be patented 

6 pursuant to an authority other than sec7 tion 1 of the Act of February 8, 1887 

8 (commonly known as the ‘‘Indian General 

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

10 119; 25 U.S.C. 331) (as in effect on the 

11 day before the date of enactment of the In12 dian Land Consolidation Act Amendments 

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

14 1991)). 

15 (13) NAVAJO PARTIAL FINAL JUDGMENT AND

16 DECREE.—The term ‘‘Navajo Partial Final Judg17 ment and Decree’’ means a final or interlocutory 

18 partial final judgment and decree entered by the De19 cree Court with respect to the Navajo Nation’s 

20 Water Rights— 

21 (A) that is substantially in the form de22 scribed in article 17.14.7.2 of the Agreement, 

23 as amended to ensure consistency with this Act; 

24 and 


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1 (B) from which no further appeal may be 

2 taken. 

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

4 Trust Fund’’ means the Navajo Nation Rio San 

5 Jose ́ Settlement Trust Fund established under sec6 tion 6(a). 

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

8 Puerco Basin’’ means the area defined by the 

9 United States Geological Survey Hydrologic Unit 

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

11 13020205 (Arroyo Chico subbasin), including the 

12 hydrologically connected groundwater. 

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

14 term ‘‘Rio San Jose ́ Stream System’’ means the geo15 graphic extent of the area involved in the Adjudica16 tion pursuant to the description filed in the Decree 

17 Court on November 21, 1986. 

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

19 means the Secretary of the Interior. 

20 (18) SIGNATORY ACEQUIA.—The term ‘‘Signa21 tory Acequia’’ means an acequia that is a signatory 

22 to the Agreement. 

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

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1 ments, and political subdivisions of the State of New 

2 Mexico. 

3 SEC. 4. RATIFICATION OF AGREEMENT. 

4 (a) RATIFICATION.— 

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

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

7 conflict with this Act, the Agreement is authorized, 

8 ratified, and confirmed. 

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

10 Agreement, or to any attachment to the Agreement 

11 requiring the signature of the Secretary, is executed 

12 in accordance with this Act to make the Agreement 

13 consistent with this Act, the amendment is author14 ized, ratified, and confirmed. 

15 (b) EXECUTION.— 

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

17 Agreement does not conflict with this Act, the Sec18 retary shall execute the Agreement, including all at19 tachments to, or parts of, the Agreement requiring 

20 the signature of the Secretary. 

21 (2) MODIFICATIONS.—Nothing in this Act pro22 hibits the Secretary, after execution of the Agree23 ment, from approving any modification to the Agree24 ment, including an attachment to the Agreement, 

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


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1 the modification does not otherwise require congres2 sional approval under section 2116 of the Revised 

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

4 provision of Federal law. 

5 (c) ENVIRONMENTAL COMPLIANCE.— 

6 (1) IN GENERAL.—In implementing the Agree7 ment and this Act, the Secretary shall comply 

8 with— 

9 (A) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.); 

11 (B) the National Environmental Policy Act 

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

13 implementing regulations of that Act; and 

14 (C) all other applicable Federal environ15 mental laws and regulations. 

16 (2) COMPLIANCE.— 

17 (A) IN GENERAL.—In implementing the 

18 Agreement and this Act, the Navajo Nation 

19 shall prepare any necessary environmental doc20 uments, consistent with— 

21 (i) the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.); 

23 (ii) the National Environmental Policy 

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1 cluding the implementing regulations of 

2 that Act; and 

3 (iii) all other applicable Federal envi4 ronmental laws and regulations. 

5 (B) AUTHORIZATIONS.—The Secretary 

6 shall— 

7 (i) independently evaluate the docu8 mentation required under subparagraph 

9 (A); and 

10 (ii) be responsible for the accuracy, 

11 scope, and contents of that documentation. 

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

13 the Agreement by the Secretary under this section 

14 shall not constitute a major Federal action under 

15 the National Environmental Policy Act of 1969 (42 

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

17 (4) COSTS.—Any costs associated with the per18 formance of the compliance activities under this sub19 section shall be paid from funds deposited in the 

20 Navajo Trust Fund or other sources of funding from 

21 the Navajo Nation, subject to the condition that any 

22 costs associated with the performance of Federal ap23 proval or other review of such compliance work or 

24 costs associated with inherently Federal functions 

25 shall remain the responsibility of the Secretary. 


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

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

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

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

5 in accordance with the Agreement and this Act. 

6 (b) FORFEITURE AND ABANDONMENT.— 

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

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

9 forfeiture, abandonment, or other operation of law. 

10 (2) STATE-LAW BASED WATER RIGHTS.—State11 law based water rights acquired by the Navajo Na12 tion, or by the United States on behalf of the Na13 tion, after the date for inclusion in the Navajo Par14 tial Final Judgment and Decree, shall not be subject 

15 to forfeiture, abandonment, or permanent alienation 

16 from the time they are acquired. 

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

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

19 Agreement and this Act. 

20 (d) ALLOTMENT RIGHTS NOT INCLUDED.—Con21 sistent with section 13, the Navajo Nation’s Water Rights 

22 shall not include any water rights for an Allotment, sub23 ject to the condition that the Navajo Nation may allow 

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

25 subject to the terms and conditions of the Agreement and 

26 this Act. 


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1 (e) ALLOTTEES NOT ADVERSELY AFFECTED.— 

2 Nothing in this Act quantifies or diminishes any water 

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

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

5 not object in any general stream adjudication, including 

6 the Adjudication, to the quantification of reasonable do7 mestic, stock, and irrigation water uses on an Allotment, 

8 and shall administer any water use in accordance with ap9 plicable Federal law, including recognition of— 

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

11 of the date of enactment of this Act; 

12 (2) reasonable domestic, stock, and irrigation 

13 water uses on an Allotment; and 

14 (3) any water right decreed to the United 

15 States in trust for an Allottee in a general stream 

16 adjudication, including the Adjudication, for use on 

17 an Allotment. 

18 (g) AUTHORITY OF THE NAVAJO NATION.— 

19 (1) USE ON NAVAJO LANDS.—The Navajo Na20 tion shall have the authority to allocate, distribute, 

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

22 on Navajo Lands in accordance with the Agreement, 

23 this Act, and applicable Federal law, including the 

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


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1 539, chapter 615; 25 U.S.C. 415) (commonly known 

2 as the ‘‘Long-Term Leasing Act’’). 

3 (2) USE OFF NAVAJO LANDS.— 

4 (A) IN GENERAL.—The Navajo Nation 

5 may allocate, distribute, and lease the Navajo 

6 Nation’s Water Rights for use off Navajo 

7 Lands in accordance with the Agreement, this 

8 Act, and applicable Federal law, subject to the 

9 approval of the Secretary. 

10 (B) MAXIMUM TERM.—The maximum 

11 term of any lease, including all renewals, under 

12 this paragraph shall not exceed 99 years. 

13 (h) ADMINISTRATION.— 

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

15 not permanently alienate any portion of the Navajo 

16 Nation’s Water Rights. 

17 (2) PURCHASES OR GRANTS OF LAND FROM IN18 DIANS.—An authorization provided by this Act for 

19 the allocation, distribution, leasing, or other ar20 rangement entered into pursuant to this Act shall be 

21 considered to satisfy any requirement for authoriza22 tion of the action required by Federal law. 

23 (3) PROHIBITION ON FORFEITURE.—The non24 use of all or any portion of the Navajo Nation’s 

25 Water Rights by any water user shall not result in 


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1 the forfeiture, abandonment, relinquishment, or 

2 other loss of all or any portion of the Navajo Na3 tion’s Water Rights. 

4 (4) FORBEARANCE BY NAVAJO NATION FOR

5 NON-STOCK WATER RIGHTS OF CERTAIN ALLOT6 MENTS.—Forbearance by the Navajo Nation in ac7 cordance with Article 17.13.4 of the Agreement— 

8 (A) shall be considered non-use for pur9 poses of paragraph (3); and 

10 (B) shall not result in the forfeiture, aban11 donment, relinquishment, or other loss of any 

12 portion of the Navajo Nation’s Water Rights. 

13 SEC. 6. NAVAJO NATION RIO SAN JOSE ́ SETTLEMENT 

14 TRUST FUND. 

15 (a) ESTABLISHMENT.—The Secretary shall establish 

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

17 Jose ́ Water Rights Settlement Trust Fund’’, to be man18 aged, invested, and distributed by the Secretary and to 

19 remain available until expended, withdrawn, or reverted 

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

21 amounts deposited in the Navajo Trust Fund under sub22 section (c), together with any investment earnings, includ23 ing interest, earned on those amounts, for the purpose of 

24 carrying out this Act. 


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

2 Navajo Trust Fund the following accounts: 

3 (1) The Navajo Nation Water Rights Settle4 ment Account. 

5 (2) The Navajo Nation Operations and Mainte6 nance Account. 

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

8 Navajo Trust Fund the amounts made available pursuant 

9 to section 7(a). 

10 (d) MANAGEMENT AND INTEREST.— 

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

12 funds into the Navajo Trust Fund under subsection 

13 (c), the Secretary shall manage, invest, and dis14 tribute all amounts in the Navajo Trust Fund in a 

15 manner that is consistent with the investment au16 thority of the Secretary under— 

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

18 1938 (25 U.S.C. 162a); 

19 (B) the American Indian Trust Fund Man20 agement Reform Act of 1994 (25 U.S.C. 4001 

21 et seq.); and 

22 (C) this subsection. 

23 (2) INVESTMENT EARNINGS.—In addition to 

24 the deposits made to the Navajo Trust Fund under 

25 subsection (c), any investment earnings, including 


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1 interest, earned on those amounts held in the Nav2 ajo Trust Fund are authorized to be used in accord3 ance with subsections (f) and (h). 

4 (e) AVAILABILITY OF AMOUNTS.— 

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

6 and deposited in, the Navajo Trust Fund, including 

7 any investment earnings, including interest, earned 

8 on those amounts, shall be made available to the Na9 tion by the Secretary beginning on the Enforce10 ability Date, subject to the requirements of this sec11 tion, except for funds to be made available to the 

12 Nation pursuant to paragraph (2). 

13 (2) USE OF FUNDS.—Notwithstanding para14 graph (1), up to $15,000,000 of the amounts depos15 ited in the Navajo Nation Water Rights Settlement 

16 Account, including any investment earnings, includ17 ing interest, earned on those amounts, shall be avail18 able to the Nation on the date on which the amounts 

19 are deposited in the Navajo Nation Water Rights 

20 Settlement Account for the following uses: 

21 (A) Feasibility studies, planning, engineer22 ing, design, and related environmental, cultural, 

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1 ture to serve Navajo Nation needs consistent 

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

3 (B) Installing, on Navajo Lands, ground4 water wells and associated infrastructure to 

5 meet immediate domestic, commercial, munic6 ipal and industrial water needs, and associated 

7 environmental, cultural, and historical compli8 ance. 

9 (f) WITHDRAWALS.— 

10 (1) WITHDRAWALS UNDER THE AMERICAN IN11 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

12 1994.— 

13 (A) IN GENERAL.—The Navajo Nation 

14 may withdraw any portion of the amounts in 

15 the Navajo Trust Fund on approval by the Sec16 retary of a Tribal management plan submitted 

17 by the Nation in accordance with the American 

18 Indian Trust Fund Management Reform Act of 

19 1994 (25 U.S.C. 4001 et seq.). 

20 (B) REQUIREMENTS.—In addition to the 

21 requirements under the American Indian Trust 

22 Fund Management Reform Act of 1994 (25 

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

24 plan under this paragraph shall require that the 

25 Nation shall spend all amounts withdrawn from 


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1 the Navajo Trust Fund, and any investment 

2 earnings, including interest, earned on those 

3 amounts, through the investments under the 

4 Tribal management plan, in accordance with 

5 this Act. 

6 (C) ENFORCEMENT.—The Secretary may 

7 carry out such judicial and administrative ac8 tions as the Secretary determines to be nec9 essary to enforce the Tribal management plan 

10 under this paragraph to ensure that amounts 

11 withdrawn by the Nation from the Navajo 

12 Trust Fund under subparagraph (A) are used 

13 in accordance with this Act. 

14 (2) WITHDRAWALS UNDER EXPENDITURE

15 PLAN.— 

16 (A) IN GENERAL.—The Navajo Nation 

17 may submit to the Secretary a request to with18 draw funds from the Navajo Trust Fund pursu19 ant to an approved expenditure plan. 

20 (B) REQUIREMENTS.—To be eligible to 

21 withdraw amounts under an expenditure plan 

22 under subparagraph (A), the Nation shall sub23 mit to the Secretary an expenditure plan for 

24 any portion of the Navajo Trust Fund that the 

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1 paragraph, subject to the condition that the 

2 amounts shall be used for the purposes de3 scribed in this Act. 

4 (C) INCLUSIONS.—An expenditure plan 

5 under this paragraph shall include a description 

6 of the manner and purpose for which the 

7 amounts proposed to be withdrawn from the 

8 Navajo Trust Fund will be used by the Nation, 

9 in accordance with this subsection and sub10 section (h). 

11 (D) APPROVAL.—The Secretary shall ap12 prove an expenditure plan submitted under sub13 paragraph (A) if the Secretary determines that 

14 the 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 to ensure 

22 that amounts disbursed under this paragraph 

23 are used in accordance with this Act. 

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

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


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1 determination of the Secretary relating to whether to ap2 prove a Tribal management plan under paragraph (1) of 

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

4 of that subsection except under subchapter II of chapter 

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

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

7 (h) USES.— 

8 (1) NAVAJO NATION WATER RIGHTS SETTLE9 MENT ACCOUNT.—The Navajo Nation Water Rights 

10 Settlement Account may only be used for the fol11 lowing purposes: 

12 (A) Acquiring water rights or water sup13 ply. 

14 (B) Planning, permitting, designing, engi15 neering, constructing, reconstructing, replacing, 

16 rehabilitating, operating, or repairing water 

17 production, treatment, or delivery infrastruc18 ture, including for domestic and municipal use, 

19 on-farm improvements, or wastewater infra20 structure. 

21 (C) Navajo Nation’s Water Rights man22 agement and administration. 

23 (D) Watershed protection and enhance24 ment, support of agriculture, water-related Nav25 ajo community welfare and economic developVerDate Sep 11 2014 02:37 Dec 05, 2024 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.RS S4998

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1 ment, and costs relating to implementation of 

2 the Agreement. 

3 (E) Environmental compliance in the de4 velopment and construction of infrastructure 

5 under this Act. 

6 (2) NAVAJO NATION OPERATIONS AND MAINTE7 NANCE ACCOUNT.—The Navajo Nation Water Infra8 structure Operations and Maintenance Account may 

9 only be used to pay costs for operation, mainte10 nance, and replacement of water infrastructure to 

11 serve Navajo domestic, commercial, municipal, and 

12 industrial water uses from any water source. 

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

14 the Treasury shall not be liable for the expenditure or in15 vestment of any amounts withdrawn from the Navajo 

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

17 subsection (f). 

18 (j) EXPENDITURE REPORTS.—The Navajo Nation 

19 shall annually submit to the Secretary an expenditure re20 port describing accomplishments and amounts spent from 

21 use of withdrawals under a Tribal management plan or 

22 an expenditure plan under paragraph (1) or (2) of sub23 section (f), as applicable. 


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

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

3 basis to any member of Navajo Nation. 

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

5 over, and operation of any project constructed using funds 

6 from the Navajo Trust Fund shall remain in the Navajo 

7 Nation. 

8 (m) OPERATION, MAINTENANCE, AND REPLACE9 MENT.—All operation, maintenance, and replacement 

10 costs of any project constructed using funds from the Nav11 ajo Trust Fund shall be the responsibility of the Nation. 

12 SEC. 7. FUNDING. 

13 (a) MANDATORY APPROPRIATIONS.—Out of any 

14 money in the Treasury not otherwise appropriated, the 

15 Secretary of the Treasury shall transfer to the Secretary 

16 the following amounts for deposit in the following ac17 counts: 

18 (1) THE NAVAJO NATION WATER RIGHTS SET19 TLEMENT ACCOUNT.—For deposit in the Navajo Na20 tion Water Rights Settlement Account established 

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

22 available until expended, withdrawn, or reverted to 

23 the general fund of the Treasury. 

24 (2) THE NAVAJO NATION OPERATIONS AND

25 MAINTENANCE ACCOUNT.—For deposit in the NavVerDate Sep 11 2014 02:37 Dec 05, 2024 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.RS S4998

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1 ajo Nation Operations and Maintenance Account es2 tablished under section 6(b)(2), $23,000,000, to re3 main available until expended, withdrawn, or re4 verted to the general fund of the Treasury. 

5 (b) FLUCTUATION IN COSTS.— 

6 (1) IN GENERAL.—The amounts appropriated 

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

8 as appropriate, by such amounts as may be justified 

9 by reason of ordinary fluctuations in costs, as indi10 cated by the Bureau of Reclamation Construction 

11 Cost Index–Composite Trend. 

12 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

13 amounts appropriated under subsection (a) shall be 

14 adjusted to address construction cost changes nec15 essary to account for unforeseen market volatility 

16 that may not otherwise be captured by construction 

17 cost indices, as determined by the Secretary, includ18 ing repricing applicable to the types of construction 

19 and current industry standards involved. 

20 (3) REPETITION.—The adjustment process 

21 under this subsection shall be repeated for each sub22 sequent amount appropriated until the applicable 

23 amount, as adjusted, has been appropriated. 

24 (4) PERIOD OF INDEXING.—The period of in25 dexing adjustment under this subsection for any inVerDate Sep 11 2014 02:37 Dec 05, 2024 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.RS S4998

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1 crement of funding shall start on October 1, 2021, 

2 and end on the date on which funds are deposited 

3 in the Navajo Trust Fund. 

4 (c) STATE COST-SHARE.—Pursuant to the Agree5 ment, the State shall contribute— 

6 (1) $3,000,000, as adjusted for inflation pursu7 ant to the Agreement, to the Bluewater Toltec Irri8 gation District and Acequia Madre del Ojo del Gallo 

9 for purposes described in the Agreement; and 

10 (2) if applicable, additional funding subject to 

11 the provisions of Article 17.12.4 of the Agreement. 

12 SEC. 8. ENFORCEABILITY DATE. 

13 The Enforceability Date shall be the date on which 

14 the Secretary publishes in the Federal Register a state15 ment of findings that— 

16 (1) to the extent that the Agreement conflicts 

17 with this Act, the Agreement has been amended to 

18 conform with this Act; 

19 (2) the Agreement, as amended, has been exe20 cuted by all parties to the Agreement, including the 

21 United States; 

22 (3) all of the amounts appropriated under sec23 tion 7(a) have been appropriated and deposited in 

24 the designated accounts of the Navajo Trust Fund; 

25 (4) the State has— 


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

2 section 7(c)(1) into the appropriate funding ac3 counts or entered into a funding agreement 

4 with the intended beneficiaries for that funding; 

5 and 

6 (B) enacted legislation to amend State law 

7 to provide that a Navajo Nation Water Right 

8 may be leased for a term not to exceed 99 

9 years, including renewals; 

10 (5) the Decree Court has approved the Agree11 ment and has entered the Navajo Partial Final 

12 Judgment and Decree; and 

13 (6) the waivers and releases under section 9 

14 have been executed by the Navajo Nation and the 

15 Secretary. 

16 SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 

17 (a) WAIVERS AND RELEASES OF CLAIMS BY THE

18 NAVAJO NATION AND UNITED STATES AS TRUSTEE FOR

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

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

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

22 other benefits described in the Agreement and this Act, 

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

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

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


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1 Nation and members of the Nation (other than members 

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

3 release of all claims for— 

4 (1) water rights within the Rio San Jose ́

5 Stream System that the Navajo Nation or the 

6 United States acting as trustee for the Nation, as7 serted or could have asserted in any proceeding, in8 cluding the Adjudication, on or before the Enforce9 ability Date, except to the extent that such rights 

10 are recognized in the Agreement and this Act; and 

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

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

13 of water rights (including claims for injury to land 

14 resulting from such damages, losses, injuries, inter15 ference with, diversion, or taking of water rights) in 

16 the waters in the Rio San Jose ́ Stream System 

17 against any party to the Agreement, including the 

18 members and parciantes of Signatory Acequias, that 

19 accrued at any time up to and including the En20 forceability Date. 

21 (b) WAIVERS AND RELEASES OF CLAIMS BY NAVAJO

22 NATION AGAINST UNITED STATES.—Subject to the res23 ervation of rights and retention of claims under subsection 

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

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


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

2 execute a waiver and release of all claims against the 

3 United States (including any agency or employee of the 

4 United States) first arising before the Enforceability Date 

5 relating to— 

6 (1) water rights within the Rio San Jose ́

7 Stream System that the United States, acting as 

8 trustee for the Navajo Nation, asserted or could 

9 have asserted in any proceeding, including the Adju10 dication, except to the extent that such rights are 

11 recognized as part of the Navajo Nation’s Water 

12 Rights under this Act; 

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

14 water, on and off Navajo Lands, including water 

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

16 Jose ́ Stream System; 

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

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

19 water or water rights, including damages, losses, or 

20 injuries to hunting, fishing, gathering, or cultural 

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

22 relating to interference with, diversion of, or taking 

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

24 acquire, replace, or develop water, water rights, or 


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1 water infrastructure, within the Rio San Jose ́

2 Stream System; 

3 (4) a failure to provide for operation, mainte4 nance, or deferred maintenance for any irrigation 

5 system or irrigation project within the Rio San Jose ́

6 Stream System; 

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

8 rural, or industrial water delivery system on Navajo 

9 Lands within the Rio San Jose ́ Stream System; 

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

11 rights, land, or natural resources due to construc12 tion, operation, and management of irrigation 

13 projects on Navajo Lands, including damages, 

14 losses, or injuries to fish habitat, wildlife, and wild15 life habitat, within the Rio San Jose ́ Stream System; 

16 (7) a failure to provide a dam safety improve17 ment to a dam on Navajo Lands within the Rio San 

18 Jose ́ Stream System; 

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

20 right of the Nation within the Rio San Jose ́ Stream 

21 System; and 

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

23 the Agreement, including attachments, and this Act. 


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1 (c) EFFECTIVE DATE.—The waivers and releases de2 scribed in subsections (a) and (b) shall take effect on the 

3 Enforceability Date. 

4 (d) RESERVATION OF RIGHTS AND RETENTION OF

5 CLAIMS.—Notwithstanding the waivers and releases under 

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

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

8 claims relating to— 

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

10 the Enforceability Date relating to water rights rec11 ognized under the Agreement, this Act, or the Nav12 ajo Partial Final Judgment and Decree entered in 

13 the Adjudication; 

14 (2) activities affecting the quality of water and 

15 the environment, including claims under— 

16 (A) the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9601 et seq.), including claims 

19 for damages to natural resources; 

20 (B) the Safe Drinking Water Act (42 

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

22 (C) the Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 et seq.) (commonly re24 ferred to as the ‘‘Clean Water Act’’); and 


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1 (D) any regulations implementing the Acts 

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

3 (3) the right to use and protect water rights ac4 quired after the date of enactment of this Act; 

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

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

7 rights, including hunting, fishing, gathering, or cul8 tural rights; 

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

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

11 San Jose ́ Stream System, subject to the Agreement 

12 with respect to the claims of the Navajo Nation for 

13 water rights in the Rio Puerco Basin; and 

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

15 powers, and claims not specifically waived and re16 leased pursuant to this Act or the Agreement. 

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

18 the Agreement or this Act— 

19 (1) reduces or extends the sovereignty (includ20 ing civil and criminal jurisdiction) of any govern21 ment entity, except as provided in section 11; 

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

23 sovereign, to carry out any activity authorized by 

24 law, including— 


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1 (A) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9601 et seq.); 

4 (B) the Safe Drinking Water Act (42 

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

6 (C) the Federal Water Pollution Control 

7 Act (33 U.S.C. 1251 et seq.) (commonly re8 ferred to as the ‘‘Clean Water Act’’); 

9 (D) the Solid Waste Disposal Act (42 

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

11 (E) any regulations implementing the Acts 

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

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

14 act as trustee for the Navajo Nation (consistent with 

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

16 any other Indian Tribe; 

17 (4) confers jurisdiction on any State court— 

18 (A) to interpret Federal law relating to 

19 health, safety, or the environment; 

20 (B) to determine the duties of the United 

21 States or any other party under Federal law re22 garding health, safety, or the environment; or 

23 (C) to conduct judicial review of any Fed24 eral agency action; or 


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

2 Nation in an individual capacity that does not derive 

3 from a right of the Navajo Nation. 

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

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

6 against— 

7 (1) any judgment against the United States for 

8 claims relating to water rights in the Rio Puerco 

9 Basin, including breach of trust and damage claims 

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

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

12 Navajo Nation’s Water Rights; or 

13 (2) a Federal contribution to any future settle14 ment of water rights of the Navajo Nation in the 

15 Rio Puerco Basin. 

16 (g) TOLLING OF CLAIMS.— 

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

18 limitation and time-based equitable defense relating 

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

20 the period beginning on the date of enactment of 

21 this Act and ending on the Enforceability Date. 

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

23 subsection revives any claim or tolls any period of 

24 limitation or time-based equitable defense that ex25 pired before the date of enactment of this Act. 


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1 (3) LIMITATION.—Nothing in this section pre2 cludes the tolling of any period of limitation or any 

3 time-based equitable defense under any other appli4 cable law. 

5 (h) EXPIRATION.— 

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

7 case in which the Secretary fails to publish a state8 ment of findings under section 8 by not later than— 

9 (A) July 1, 2030; or 

10 (B) such alternative later date as is agreed 

11 to by the Navajo Nation and the Secretary, 

12 after providing reasonable notice to the State. 

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

14 paragraph (1)— 

15 (A) the waivers and releases under sub16 sections (a) and (b) shall— 

17 (i) expire; and 

18 (ii) have no further force or effect; 

19 (B) the authorization, ratification, con20 firmation, and execution of the Agreement 

21 under section 4 shall no longer be effective; 

22 (C) any action carried out by the Sec23 retary, and any contract or agreement entered 

24 into, pursuant to this Act shall be void; 


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1 (D) any unexpended Federal funds appro2 priated or made available to carry out the ac3 tivities authorized by this Act, together with 

4 any interest earned on those funds, and any 

5 water rights or contracts to use water and title 

6 to other property acquired or constructed with 

7 Federal funds appropriated or made available 

8 to carry out the activities authorized by this 

9 Act, shall be returned to the Federal Govern10 ment, unless otherwise agreed to by Navajo Na11 tion and the United States and approved by 

12 Congress; and 

13 (E) except for Federal funds used to ac14 quire or construct property that is returned to 

15 the Federal Government under subparagraph 

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

17 any Federal funds made available to carry out 

18 this Act that were expended or withdrawn, or 

19 any funds made available to carry out this Act 

20 from other Federal authorized sources, together 

21 with any interest accrued on those funds, 

22 against any claims against the United States— 

23 (i) relating to water rights in the 

24 State asserted by— 


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1 (I) the Nation or any user of the 

2 Navajo Nation’s Water Rights; or 

3 (II) any other matter covered by 

4 subsection (b); or 

5 (ii) in any future settlement of water 

6 rights of the Navajo Nation. 

7 SEC. 10. SATISFACTION OF CLAIMS. 

8 The benefits provided under this Act shall be in com9 plete replacement of, complete substitution for, and full 

10 satisfaction of any claim of the Navajo Nation against the 

11 United States that are waived and released by the Nation 

12 pursuant to section 9(b). 

13 SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 

14 FOR JUDICIAL REVIEW OF A NAVAJO NATION 

15 WATER USE PERMIT DECISION. 

16 (a) CONSENT.—On the Enforceability Date, the con17 sent of the United States is hereby given, with the consent 

18 of the Navajo Nation under Article 17.14.4 of the Agree19 ment, to jurisdiction in the District Court for the Thir20 teenth Judicial District of the State of New Mexico, and 

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

22 Supreme Court on appeal therefrom in the same manner 

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

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

25 Water Use Permit administrative proceeding under Article 


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1 17.10.4 of the Agreement for the limited and sole purpose 

2 of judicial review of a Navajo Nation Water Use Permit 

3 decision under article 17.10.5 of the Agreement. 

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

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

6 to judicial review, based on the record developed through 

7 the administrative process of the Navajo Nation, under a 

8 standard of judicial review limited to determining whether 

9 the Navajo Nation decision on the application for the Nav10 ajo Nation Water Use Permit— 

11 (1) is supported by substantial evidence; 

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

13 law; 

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

15 the Navajo Partial Final Judgment and Decree; or 

16 (4) shows that the Navajo Nation acted fraudu17 lently or outside the scope of its authority. 

18 (c) NAVAJO NATION WATER CODE AND INTERPRE19 TATION.— 

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

21 or Navajo Water Law provisions that meet the re22 quirements of Article 17.10 of the Agreement shall 

23 be given full faith and credit in any proceeding de24 scribed in this section. 


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1 (2) PROVISIONS OF THE NAVAJO NATION

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

3 conducting judicial review under this section must 

4 interpret provisions of Navajo Nation law that are 

5 not express provisions of the Navajo Nation Water 

6 Code or Navajo Nation water law, the State court 

7 shall certify the question of interpretation to the 

8 Navajo Nation court. 

9 (3) NO CERTIFICATION.—Any issues of inter10 pretation of standards in article 17.10.6 of the 

11 Agreement are not subject to certification. 

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

13 the jurisdiction of the Decree Court to interpret and 

14 enforce the Agreement. 

15 SEC. 12. MISCELLANEOUS PROVISIONS. 

16 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

17 UNITED STATES.—Nothing in this Act waives the sov18 ereign immunity of the United States. 

19 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

20 Nothing in this Act quantifies or diminishes any land or 

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

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

23 than the Navajo Nation. 

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

25 affects any provision of law (including regulations) in efVerDate Sep 11 2014 02:37 Dec 05, 2024 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S4998.RS S4998

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1 fect on the day before the date of enactment of this Act 

2 with respect to pre-enforcement review of any Federal en3 vironmental enforcement action. 

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

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

6 SEC. 13. RELATION TO ALLOTTEES. 

7 (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth8 ing in this Act or the Agreement shall affect the rights 

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

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

11 rights or damages relating to land allotted by the United 

12 States to Allottees. 

13 (b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 

14 (1) SEPARATE ADJUDICATION.—Notwith15 standing whether an Allotment is patented pursuant 

16 to section 1 of the Act of February 8, 1887 (com17 monly known as the ‘‘Indian General Allotment 

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

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

20 of the Indian Land Consolidation Act Amendments 

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

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

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

24 adjudicated— 


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1 (A) water rights for Allotments shall be 

2 separate from the Navajo Nation’s Water 

3 Rights; and 

4 (B) no water rights for Allotments shall be 

5 included in the Navajo Partial Final Judgment 

6 and Decree. 

7 (2) ALLOTMENT WATER RIGHTS.—The Allot8 ment water rights adjudicated separately pursuant 

9 to paragraph (1) shall not be subject to the restric10 tions or conditions that apply to the use of the Nav11 ajo Nation’s Water Rights, subject to the condition 

12 that if an Allotment governed by the Act of Feb13 ruary 8, 1887 (commonly known as the ‘‘Indian 

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

15 119) becomes Navajo Nation Lands, the water 

16 rights associated with that Allotment shall be sub17 ject to the restrictions and conditions on the Navajo 

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

19 Agreement. 

20 (3) ALLOTTEE WATER RIGHTS TO BE ADJU21 DICATED.—Allottees, or the United States, acting in 

22 its capacity as trustee for Allottees, may make water 

23 rights claims, and those claims may be adjudicated 

24 in the Rio San Jose ́ Stream System or the Rio 

25 Puerco Basin. 


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

2 PROJECT SERVICE AREA. 

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

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

5 Project authorized under section 10602 of the North6 western New Mexico Rural Water Projects Act (Public 

7 Law 111–11; 123 Stat. 1379). 

8 (b) EXPANSION OF PROJECT SERVICE AREA AU9 THORIZED.—The Nation may expand the service area for 

10 the Project in order to deliver water supply from the 

11 Project to communities of the Nation within the Rio San 

12 Jose ́ Basin in the State. 

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

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

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

16 Reclamation still holds title to those facilities, the Navajo 

17 Nation shall— 

18 (1) obtain approval, in writing, from the Com19 missioner of Reclamation for the final design of the 

20 connection and related facilities needed to connect 

21 the extension into the Rio San Jose ́ area from those 

22 facilities; and 

23 (2) coordinate construction of the connection 

24 and related facilities with the Commissioner of Rec25 lamation. 


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1 SEC. 15. ANTIDEFICIENCY. 

2 The United States shall not be liable for any failure 

3 to carry out any obligation or activity authorized by this 

4 Act, including any obligation or activity under the Agree5 ment, if adequate appropriations are not provided ex6 pressly by Congress to carry out the purposes of this Act. 


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Calendar No. 665 

118TH CONGRESS 

2D SESSION S. 4998 

[Report No. 118–263] 

A BILL 

To approve the settlement of water rights claims of 

the Navajo Nation in the Rio San Jose ́ Stream other purposes. System in the State of New Mexico, and for 

DECEMBER 4, 2024 

Reported without amendment 


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