I 

118TH CONGRESS 

2D SESSION H. R. 8945 

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 HOUSE OF REPRESENTATIVES 

JULY 8, 2024 

Ms. LEGER FERNANDEZ introduced the following bill; which was referred to 

the Committee on Natural Resources 

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 all the water rights 

19 set out in Articles 17.2, 17.4, and 17.5 of the 

20 Agreement. 

21 (B) EXCLUSIONS.—The term ‘‘Navajo Na22 tion’s Water Rights’’ does not include— 

23 (i) any interest that the Nation may 

24 have in an Allotment that is determined by 

25 the Secretary to be patented pursuant to 


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1 section 1 of the Act of February 8, 1887 

2 (commonly known as the ‘‘Indian General 

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

4 119; 25 U.S.C. 331) (as in effect on the 

5 day before the date of enactment of the In6 dian Land Consolidation Act Amendments 

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

8 1991)); or 

9 (ii) any undivided interest that the 

10 Nation may have in an Allotment that is 

11 determined by the Secretary to be patented 

12 pursuant to an authority other than sec13 tion 1 of the Act of February 8, 1887 

14 (commonly known as the ‘‘Indian General 

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

16 119; 25 U.S.C. 331) (as in effect on the 

17 day before the date of enactment of the In18 dian Land Consolidation Act Amendments 

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

20 1991)). 

21 (13) NAVAJO PARTIAL FINAL JUDGMENT AND

22 DECREE.—The term ‘‘Navajo Partial Final Judg23 ment and Decree’’ means a final or interlocutory 

24 partial final judgment and decree entered by the DeVerDate Sep 11 2014 23:21 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8945.IH H8945

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1 cree Court with respect to the Navajo Nation’s 

2 Water Rights— 

3 (A) that is substantially in the form de4 scribed in Article 17.14.7.2 of the Agreement, 

5 as amended to ensure consistency with this Act; 

6 and 

7 (B) from which no further appeal may be 

8 taken. 

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

10 Trust Fund’’ means the Navajo Nation Rio San 

11 Jose ́ Settlement Trust Fund established under sec12 tion 6(a). 

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

14 Puerco Basin’’ means the area defined by the 

15 United States Geological Survey Hydrologic Unit 

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

17 13020205 (Arroyo Chico subbasin), including the 

18 hydrologically connected groundwater. 

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

20 term ‘‘Rio San Jose ́ Stream System’’ means the geo21 graphic extent of the area involved in the Adjudica22 tion pursuant to the description filed in the Decree 

23 Court on November 21, 1986. 

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

25 means the Secretary of the Interior. 


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1 (18) SIGNATORY ACEQUIA.—The term ‘‘Signa2 tory Acequia’’ means an acequia that is a signatory 

3 to the Agreement. 

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

5 State of New Mexico and all officers, agents, depart6 ments, and political subdivisions of the State of New 

7 Mexico. 

8 SEC. 4. RATIFICATION OF AGREEMENT. 

9 (a) RATIFICATION.— 

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

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

12 conflict with this Act, the Agreement is authorized, 

13 ratified, and confirmed. 

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

15 Agreement, or to any attachment to the Agreement 

16 requiring the signature of the Secretary, is executed 

17 in accordance with this Act to make the Agreement 

18 consistent with this Act, the amendment is author19 ized, ratified, and confirmed. 

20 (b) EXECUTION.— 

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

22 Agreement does not conflict with this Act, the Sec23 retary shall execute the Agreement, including all at24 tachments to, or parts of, the Agreement requiring 

25 the signature of the Secretary. 


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1 (2) MODIFICATIONS.—Nothing in this Act pro2 hibits the Secretary, after execution of the Agree3 ment, from approving any modification to the Agree4 ment, including an attachment to the Agreement, 

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

6 the modification does not otherwise require congres7 sional approval under section 2116 of the Revised 

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

9 provision of Federal law. 

10 (c) ENVIRONMENTAL COMPLIANCE.— 

11 (1) IN GENERAL.—In implementing the Agree12 ment and this Act, the Secretary shall comply 

13 with— 

14 (A) the Endangered Species Act of 1973 

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

16 (B) the National Environmental Policy Act 

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

18 implementing regulations of that Act; and 

19 (C) all other applicable Federal environ20 mental laws and regulations. 

21 (2) COMPLIANCE.— 

22 (A) IN GENERAL.—In implementing the 

23 Agreement and this Act, the Navajo Nation 

24 shall prepare any necessary environmental doc25 uments, consistent with— 


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1 (i) the Endangered Species Act of 

2 1973 (16 U.S.C. 1531 et seq.); 

3 (ii) the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4321 et seq.), in5 cluding the implementing regulations of 

6 that Act; and 

7 (iii) all other applicable Federal envi8 ronmental laws and regulations. 

9 (B) AUTHORIZATIONS.—The Secretary 

10 shall— 

11 (i) independently evaluate the docu12 mentation required under subparagraph 

13 (A); and 

14 (ii) be responsible for the accuracy, 

15 scope, and contents of that documentation. 

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

17 the Agreement by the Secretary under this section 

18 shall not constitute a major Federal action under 

19 the National Environmental Policy Act of 1969 (42 

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

21 (4) COSTS.—Any costs associated with the per22 formance of the compliance activities under this sub23 section shall be paid from funds deposited in the 

24 Navajo Trust Fund or other sources of funding from 

25 the Navajo Nation, subject to the condition that any 


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1 costs associated with the performance of Federal ap2 proval or other review of such compliance work or 

3 costs associated with inherently Federal functions 

4 shall remain the responsibility of the Secretary. 

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

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

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

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

9 in accordance with the Agreement and this Act. 

10 (b) FORFEITURE AND ABANDONMENT.— 

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

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

13 forfeiture, abandonment, or other operation of law. 

14 (2) STATE-LAW BASED WATER RIGHTS.—State15 law based water rights acquired by the Navajo Na16 tion, or by the United States on behalf of the Na17 tion, after the date for inclusion in the Navajo Par18 tial Final Judgment and Decree, shall not be subject 

19 to forfeiture, abandonment, or permanent alienation 

20 from the time they are acquired. 

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

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

23 Agreement and this Act. 

24 (d) ALLOTMENT RIGHTS NOT INCLUDED.—Con25 sistent with section 13, the Navajo Nation’s Water Rights 


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1 shall not include any water rights for an Allotment, sub2 ject to the condition that the Navajo Nation may allow 

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

4 subject to the terms and conditions of the Agreement and 

5 this Act. 

6 (e) ALLOTTEES NOT ADVERSELY AFFECTED.— 

7 Nothing in this Act quantifies or diminishes any water 

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

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

10 not object in any general stream adjudication, including 

11 the Adjudication, to the quantification of reasonable do12 mestic, stock, and irrigation water uses on an Allotment, 

13 and shall administer any water use in accordance with ap14 plicable Federal law, including recognition of— 

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

16 of the date of enactment of this Act; 

17 (2) reasonable domestic, stock, and irrigation 

18 water uses on an Allotment; and 

19 (3) any water right decreed to the United 

20 States in trust for an Allottee in a general stream 

21 adjudication, including the Adjudication, for use on 

22 an Allotment. 

23 (g) AUTHORITY OF THE NAVAJO NATION.— 

24 (1) USE ON NAVAJO LANDS.—The Navajo Na25 tion shall have the authority to allocate, distribute, 


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

2 on Navajo Lands in accordance with the Agreement, 

3 this Act, and applicable Federal law, including the 

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

5 539, chapter 615; 25 U.S.C. 415) (commonly known 

6 as the ‘‘Long-Term Leasing Act’’). 

7 (2) USE OFF NAVAJO LANDS.— 

8 (A) IN GENERAL.—The Navajo Nation 

9 may allocate, distribute, and lease the Navajo 

10 Nation’s Water Rights for use off Navajo 

11 Lands in accordance with the Agreement, this 

12 Act, and applicable Federal law, subject to the 

13 approval of the Secretary. 

14 (B) MAXIMUM TERM.—The maximum 

15 term of any lease, including all renewals, under 

16 this paragraph shall not exceed 99 years. 

17 (h) ADMINISTRATION.— 

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

19 not permanently alienate any portion of the Navajo 

20 Nation’s Water Rights. 

21 (2) PURCHASES OR GRANTS OF LAND FROM IN22 DIANS.—An authorization provided by this Act for 

23 the allocation, distribution, leasing, or other ar24 rangement entered into pursuant to this Act shall be 


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1 considered to satisfy any requirement for authoriza2 tion of the action required by Federal law. 

3 (3) PROHIBITION ON FORFEITURE.—The non4 use of all or any portion of the Navajo Nation’s 

5 Water Rights by any water user shall not result in 

6 the forfeiture, abandonment, relinquishment, or 

7 other loss of all or any portion of the Navajo Na8 tion’s Water Rights. 

9 (4) FORBEARANCE BY NAVAJO NATION FOR

10 NON-STOCK WATER RIGHTS OF CERTAIN ALLOT11 MENTS.—Forbearance by the Navajo Nation in ac12 cordance with Article 17.13.4 of the Agreement— 

13 (A) shall be considered non-use for pur14 poses of paragraph (3); and 

15 (B) shall not result in the forfeiture, aban16 donment, relinquishment, or other loss of any 

17 portion of the Navajo Nation’s Water Rights. 

18 SEC. 6. NAVAJO NATION RIO SAN JOSE ́ SETTLEMENT 

19 TRUST FUND. 

20 (a) ESTABLISHMENT.—The Secretary shall establish 

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

22 Jose ́ Water Rights Settlement Trust Fund’’, to be man23 aged, invested, and distributed by the Secretary and to 

24 remain available until expended, withdrawn, or reverted 

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


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1 amounts deposited in the Navajo Trust Fund under sub2 section (c), together with any investment earnings, includ3 ing interest, earned on those amounts, for the purpose of 

4 carrying out this Act. 

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

6 Navajo Trust Fund the following accounts: 

7 (1) The Navajo Nation Water Rights Settle8 ment Account. 

9 (2) The Navajo Nation Operations and Mainte10 nance Account. 

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

12 Navajo Trust Fund the amounts made available pursuant 

13 to section 7(a). 

14 (d) MANAGEMENT AND INTEREST.— 

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

16 funds into the Navajo Trust Fund under subsection 

17 (c), the Secretary shall manage, invest, and dis18 tribute all amounts in the Navajo Trust Fund in a 

19 manner that is consistent with the investment au20 thority of the Secretary under— 

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

22 1938 (25 U.S.C. 162a); 

23 (B) the American Indian Trust Fund Man24 agement Reform Act of 1994 (25 U.S.C. 4001 

25 et seq.); and 


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1 (C) this subsection. 

2 (2) INVESTMENT EARNINGS.—In addition to 

3 the deposits made to the Navajo Trust Fund under 

4 subsection (c), any investment earnings, including 

5 interest, earned on those amounts held in the Nav6 ajo Trust Fund are authorized to be used in accord7 ance with subsections (f) and (h). 

8 (e) AVAILABILITY OF AMOUNTS.— 

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

10 and deposited in, the Navajo Trust Fund, including 

11 any investment earnings, including interest, earned 

12 on those amounts, shall be made available to the Na13 tion by the Secretary beginning on the Enforce14 ability Date, subject to the requirements of this sec15 tion, except for funds to be made available to the 

16 Nation pursuant to paragraph (2). 

17 (2) USE OF FUNDS.—Notwithstanding para18 graph (1), up to $15,000,000 of the amounts depos19 ited in the Navajo Nation Water Rights Settlement 

20 Account, including any investment earnings, includ21 ing interest, earned on those amounts, shall be avail22 able to the Nation on the date on which the amounts 

23 are deposited in the Navajo Nation Water Rights 

24 Settlement Account for the following uses: 


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1 (A) Feasibility studies, planning, engineer2 ing, design, and related environmental, cultural, 

3 and historical compliance, and obtaining rights4 of-way or permits for water supply infrastruc5 ture to serve Navajo Nation needs consistent 

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

7 (B) Installing, on Navajo Lands, ground8 water wells and associated infrastructure to 

9 meet immediate domestic, commercial, munic10 ipal and industrial water needs, and associated 

11 environmental, cultural, and historical compli12 ance. 

13 (f) WITHDRAWALS.— 

14 (1) WITHDRAWALS UNDER THE AMERICAN IN15 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

16 1994.— 

17 (A) IN GENERAL.—The Navajo Nation 

18 may withdraw any portion of the amounts in 

19 the Navajo Trust Fund on approval by the Sec20 retary of a Tribal management plan submitted 

21 by the Nation in accordance with the American 

22 Indian Trust Fund Management Reform Act of 

23 1994 (25 U.S.C. 4001 et seq.). 

24 (B) REQUIREMENTS.—In addition to the 

25 requirements under the American Indian Trust 


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1 Fund Management Reform Act of 1994 (25 

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

3 plan under this paragraph shall require that the 

4 Nation shall spend all amounts withdrawn from 

5 the Navajo Trust Fund, and any investment 

6 earnings, including interest, earned on those 

7 amounts, through the investments under the 

8 Tribal management plan, in accordance with 

9 this Act. 

10 (C) ENFORCEMENT.—The Secretary may 

11 carry out such judicial and administrative ac12 tions as the Secretary determines to be nec13 essary to enforce the Tribal management plan 

14 under this paragraph to ensure that amounts 

15 withdrawn by the Nation from the Navajo 

16 Trust Fund under subparagraph (A) are used 

17 in accordance with this Act. 

18 (2) WITHDRAWALS UNDER EXPENDITURE

19 PLAN.— 

20 (A) IN GENERAL.—The Navajo Nation 

21 may submit to the Secretary a request to with22 draw funds from the Navajo Trust Fund pursu23 ant to an approved expenditure plan. 

24 (B) REQUIREMENTS.—To be eligible to 

25 withdraw amounts under an expenditure plan 


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1 under subparagraph (A), the Nation shall sub2 mit to the Secretary an expenditure plan for 

3 any portion of the Navajo Trust Fund that the 

4 Nation elects to withdraw pursuant to that sub5 paragraph, subject to the condition that the 

6 amounts shall be used for the purposes de7 scribed in this Act. 

8 (C) INCLUSIONS.—An expenditure plan 

9 under this paragraph shall include a description 

10 of the manner and purpose for which the 

11 amounts proposed to be withdrawn from the 

12 Navajo Trust Fund will be used by the Nation, 

13 in accordance with this subsection and sub14 section (h). 

15 (D) APPROVAL.—The Secretary shall ap16 prove an expenditure plan submitted under sub17 paragraph (A) if the Secretary determines that 

18 the plan— 

19 (i) is reasonable; and 

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

21 for, the purposes of this Act. 

22 (E) ENFORCEMENT.—The Secretary may 

23 carry out such judicial and administrative ac24 tions as the Secretary determines to be nec25 essary to enforce an expenditure plan to ensure 


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1 that amounts disbursed under this paragraph 

2 are used in accordance with this Act. 

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

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

5 determination of the Secretary relating to whether to ap6 prove a Tribal management plan under paragraph (1) of 

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

8 of that subsection except under subchapter II of chapter 

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

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

11 (h) USES.— 

12 (1) NAVAJO NATION WATER RIGHTS SETTLE13 MENT ACCOUNT.—The Navajo Nation Water Rights 

14 Settlement Account may only be used for the fol15 lowing purposes: 

16 (A) Acquiring water rights or water sup17 ply. 

18 (B) Planning, permitting, designing, engi19 neering, constructing, reconstructing, replacing, 

20 rehabilitating, operating, or repairing water 

21 production, treatment, or delivery infrastruc22 ture, including for domestic and municipal use, 

23 on-farm improvements, or wastewater infra24 structure. 


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1 (C) Navajo Nation’s Water Rights man2 agement and administration. 

3 (D) Watershed protection and enhance4 ment, support of agriculture, water-related Nav5 ajo community welfare and economic develop6 ment, and costs relating to implementation of 

7 the Agreement. 

8 (E) Environmental compliance in the de9 velopment and construction of infrastructure 

10 under this Act. 

11 (2) NAVAJO NATION OPERATIONS AND MAINTE12 NANCE ACCOUNT.—The Navajo Nation Water Infra13 structure Operations and Maintenance Account may 

14 only be used to pay costs for operation, mainte15 nance, and replacement of water infrastructure to 

16 serve Navajo domestic, commercial, municipal, and 

17 industrial water uses from any water source. 

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

19 the Treasury shall not be liable for the expenditure or in20 vestment of any amounts withdrawn from the Navajo 

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

22 subsection (f). 

23 (j) EXPENDITURE REPORTS.—The Navajo Nation 

24 shall annually submit to the Secretary an expenditure re25 port describing accomplishments and amounts spent from 


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1 use of withdrawals under a Tribal management plan or 

2 an expenditure plan under paragraph (1) or (2) of sub3 section (f), as applicable. 

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

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

6 basis to any member of Navajo Nation. 

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

8 over, and operation of any project constructed using funds 

9 from the Navajo Trust Fund shall remain in the Navajo 

10 Nation. 

11 (m) OPERATION, MAINTENANCE, AND REPLACE12 MENT.—All operation, maintenance, and replacement 

13 costs of any project constructed using funds from the Nav14 ajo Trust Fund shall be the responsibility of the Nation. 

15 SEC. 7. FUNDING. 

16 (a) MANDATORY APPROPRIATIONS.—Out of any 

17 money in the Treasury not otherwise appropriated, the 

18 Secretary of the Treasury shall transfer to the Secretary 

19 the following amounts for deposit in the following ac20 counts: 

21 (1) THE NAVAJO NATION WATER RIGHTS SET22 TLEMENT ACCOUNT.—For deposit in the Navajo Na23 tion Water Rights Settlement Account established 

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


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•HR 8945 IH

1 available until expended, withdrawn, or reverted to 

2 the general fund of the Treasury. 

3 (2) THE NAVAJO NATION OPERATIONS AND

4 MAINTENANCE ACCOUNT.—For deposit in the Nav5 ajo Nation Operations and Maintenance Account es6 tablished under section 6(b)(2), $23,000,000, to re7 main available until expended, withdrawn, or re8 verted to the general fund of the Treasury. 

9 (b) FLUCTUATION IN COSTS.— 

10 (1) IN GENERAL.—The amounts appropriated 

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

12 as appropriate, by such amounts as may be justified 

13 by reason of ordinary fluctuations in costs, as indi14 cated by the Bureau of Reclamation Construction 

15 Cost Index–Composite Trend. 

16 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

17 amounts appropriated under subsection (a) shall be 

18 adjusted to address construction cost changes nec19 essary to account for unforeseen market volatility 

20 that may not otherwise be captured by construction 

21 cost indices, as determined by the Secretary, includ22 ing repricing applicable to the types of construction 

23 and current industry standards involved. 

24 (3) REPETITION.—The adjustment process 

25 under this subsection shall be repeated for each subVerDate Sep 11 2014 23:21 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H8945.IH H8945

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•HR 8945 IH

1 sequent amount appropriated until the applicable 

2 amount, as adjusted, has been appropriated. 

3 (4) PERIOD OF INDEXING.—The period of in4 dexing adjustment under this subsection for any in5 crement of funding shall start on October 1, 2021, 

6 and end on the date on which funds are deposited 

7 in the Navajo Trust Fund. 

8 (c) STATE COST-SHARE.—Pursuant to the Agree9 ment, the State shall contribute— 

10 (1) $3,000,000, as adjusted for inflation pursu11 ant to the Agreement, to the Bluewater Toltec Irri12 gation District and Acequia Madre del Ojo del Gallo 

13 for purposes described in the Agreement; and 

14 (2) if applicable, additional funding subject to 

15 the provisions of Article 17.12.4 of the Agreement. 

16 SEC. 8. ENFORCEABILITY DATE. 

17 The Enforceability Date shall be the date on which 

18 the Secretary publishes in the Federal Register a state19 ment of findings that— 

20 (1) to the extent that the Agreement conflicts 

21 with this Act, the Agreement has been amended to 

22 conform with this Act; 

23 (2) the Agreement, as amended, has been exe24 cuted by all parties to the Agreement, including the 

25 United States; 


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

3 the designated accounts of the Navajo Trust Fund; 

4 (4) the State has— 

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

6 section 7(c)(1) into the appropriate funding ac7 counts or entered into a funding agreement 

8 with the intended beneficiaries for that funding; 

9 and 

10 (B) enacted legislation to amend State law 

11 to provide that a Navajo Nation Water Right 

12 may be leased for a term not to exceed 99 

13 years, including renewals; 

14 (5) the Decree Court has approved the Agree15 ment and has entered the Navajo Partial Final 

16 Judgment and Decree; and 

17 (6) the waivers and releases under section 9 

18 have been executed by the Navajo Nation and the 

19 Secretary. 

20 SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 

21 (a) WAIVERS AND RELEASES OF CLAIMS BY THE

22 NAVAJO NATION AND UNITED STATES AS TRUSTEE FOR

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

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

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


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•HR 8945 IH

1 other benefits described in the Agreement and this Act, 

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

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

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

5 Nation and members of the Nation (other than members 

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

7 release of all claims for— 

8 (1) water rights within the Rio San Jose ́

9 Stream System that the Navajo Nation or the 

10 United States acting as trustee for the Nation, as11 serted or could have asserted in any proceeding, in12 cluding the Adjudication, on or before the Enforce13 ability Date, except to the extent that such rights 

14 are recognized in the Agreement and this Act; and 

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

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

17 of water rights (including claims for injury to land 

18 resulting from such damages, losses, injuries, inter19 ference with, diversion, or taking of water rights) in 

20 the waters in the Rio San Jose ́ Stream System 

21 against any party to the Agreement, including the 

22 members and parciantes of Signatory Acequias, that 

23 accrued at any time up to and including the En24 forceability Date. 


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1 (b) WAIVERS AND RELEASES OF CLAIMS BY NAVAJO

2 NATION AGAINST UNITED STATES.—Subject to the res3 ervation of rights and retention of claims under subsection 

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

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

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

7 execute a waiver and release of all claims against the 

8 United States (including any agency or employee of the 

9 United States) first arising before the Enforceability Date 

10 relating to— 

11 (1) water rights within the Rio San Jose ́

12 Stream System that the United States, acting as 

13 trustee for the Navajo Nation, asserted or could 

14 have asserted in any proceeding, including the Adju15 dication, except to the extent that such rights are 

16 recognized as part of the Navajo Nation’s Water 

17 Rights under this Act; 

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

19 water, on and off Navajo Lands, including water 

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

21 Jose ́ Stream System; 

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

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

24 water or water rights, including damages, losses, or 

25 injuries to hunting, fishing, gathering, or cultural 


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

2 relating to interference with, diversion of, or taking 

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

4 acquire, replace, or develop water, water rights, or 

5 water infrastructure, within the Rio San Jose ́

6 Stream System; 

7 (4) a failure to provide for operation, mainte8 nance, or deferred maintenance for any irrigation 

9 system or irrigation project within the Rio San Jose ́

10 Stream System; 

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

12 rural, or industrial water delivery system on Navajo 

13 Lands within the Rio San Jose ́ Stream System; 

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

15 rights, land, or natural resources due to construc16 tion, operation, and management of irrigation 

17 projects on Navajo Lands, including damages, 

18 losses, or injuries to fish habitat, wildlife, and wild19 life habitat, within the Rio San Jose ́ Stream System; 

20 (7) a failure to provide a dam safety improve21 ment to a dam on Navajo Lands within the Rio San 

22 Jose ́ Stream System; 

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

24 right of the Nation within the Rio San Jose ́ Stream 

25 System; and 


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

2 the Agreement, including attachments, and this Act. 

3 (c) EFFECTIVE DATE.—The waivers and releases de4 scribed in subsections (a) and (b) shall take effect on the 

5 Enforceability Date. 

6 (d) RESERVATION OF RIGHTS AND RETENTION OF

7 CLAIMS.—Notwithstanding the waivers and releases under 

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

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

10 claims relating to— 

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

12 the Enforceability Date relating to water rights rec13 ognized under the Agreement, this Act, or the Nav14 ajo Partial Final Judgment and Decree entered in 

15 the Adjudication; 

16 (2) activities affecting the quality of water and 

17 the environment, including claims under— 

18 (A) the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.), including claims 

21 for damages to natural resources; 

22 (B) the Safe Drinking Water Act (42 

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


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•HR 8945 IH

1 (C) the Federal Water Pollution Control 

2 Act (33 U.S.C. 1251 et seq.) (commonly re3 ferred to as the ‘‘Clean Water Act’’); and 

4 (D) any regulations implementing the Acts 

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

6 (3) the right to use and protect water rights ac7 quired after the date of enactment of this Act; 

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

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

10 rights, including hunting, fishing, gathering, or cul11 tural rights; 

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

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

14 San Jose ́ Stream System, subject to the Agreement 

15 with respect to the claims of the Navajo Nation for 

16 water rights in the Rio Puerco Basin; 

17 (6) all claims relating to the Jackpile-Paguate 

18 Uranium Mine in the State that are not due to loss 

19 of water or water rights; and 

20 (7) all rights, remedies, privileges, immunities, 

21 powers, and claims not specifically waived and re22 leased pursuant to this Act or the Agreement. 

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

24 the Agreement or this Act— 


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•HR 8945 IH

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

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

5 sovereign, to carry out any activity authorized by 

6 law, including— 

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

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

10 (B) the Safe Drinking Water Act (42 

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

12 (C) the Federal Water Pollution Control 

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

15 (D) the Solid Waste Disposal Act (42 

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

17 (E) any regulations implementing the Acts 

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

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

20 act as trustee for the Navajo Nation (consistent with 

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

22 any other Indian Tribe; 

23 (4) confers jurisdiction on any State court— 

24 (A) to interpret Federal law relating to 

25 health, safety, or the environment; 


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•HR 8945 IH

1 (B) to determine the duties of the United 

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

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

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

7 Nation in an individual capacity that does not derive 

8 from a right of the Navajo Nation. 

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

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

11 against— 

12 (1) any judgment against the United States for 

13 claims relating to water rights in the Rio Puerco 

14 Basin, including breach of trust and damage claims 

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

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

17 Navajo Nation’s Water Rights; or 

18 (2) a Federal contribution to any future settle19 ment of water rights of the Navajo Nation in the 

20 Rio Puerco Basin. 

21 (g) TOLLING OF CLAIMS.— 

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

23 limitation and time-based equitable defense relating 

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


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•HR 8945 IH

1 the period beginning on the date of enactment of 

2 this Act and ending on the Enforceability Date. 

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

4 subsection revives any claim or tolls any period of 

5 limitation or time-based equitable defense that ex6 pired before the date of enactment of this Act. 

7 (3) LIMITATION.—Nothing in this section pre8 cludes the tolling of any period of limitation or any 

9 time-based equitable defense under any other appli10 cable law. 

11 (h) EXPIRATION.— 

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

13 case in which the Secretary fails to publish a state14 ment of findings under section 8 by not later than— 

15 (A) July 1, 2030; or 

16 (B) such alternative later date as is agreed 

17 to by the Navajo Nation and the Secretary, 

18 after providing reasonable notice to the State. 

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

20 paragraph (1)— 

21 (A) the waivers and releases under sub22 sections (a) and (b) shall— 

23 (i) expire; and 

24 (ii) have no further force or effect; 


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•HR 8945 IH

1 (B) the authorization, ratification, con2 firmation, and execution of the Agreement 

3 under section 4 shall no longer be effective; 

4 (C) any action carried out by the Sec5 retary, and any contract or agreement entered 

6 into, pursuant to this Act shall be void; 

7 (D) any unexpended Federal funds appro8 priated or made available to carry out the ac9 tivities authorized by this Act, together with 

10 any interest earned on those funds, and any 

11 water rights or contracts to use water and title 

12 to other property acquired or constructed with 

13 Federal funds appropriated or made available 

14 to carry out the activities authorized by this 

15 Act, shall be returned to the Federal Govern16 ment, unless otherwise agreed to by Navajo Na17 tion and the United States and approved by 

18 Congress; and 

19 (E) except for Federal funds used to ac20 quire or construct property that is returned to 

21 the Federal Government under subparagraph 

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

23 any Federal funds made available to carry out 

24 this Act that were expended or withdrawn, or 

25 any funds made available to carry out this Act 


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•HR 8945 IH

1 from other Federal authorized sources, together 

2 with any interest accrued on those funds, 

3 against any claims against the United States— 

4 (i) relating to water rights in the 

5 State asserted by— 

6 (I) the Nation or any user of the 

7 Navajo Nation’s Water Rights; or 

8 (II) any other matter covered by 

9 subsection (b); or 

10 (ii) in any future settlement of water 

11 rights of the Navajo Nation. 

12 SEC. 10. SATISFACTION OF CLAIMS. 

13 The benefits provided under this Act shall be in com14 plete replacement of, complete substitution for, and full 

15 satisfaction of any claim of the Navajo Nation against the 

16 United States that are waived and released by the Nation 

17 pursuant to section 9(b). 

18 SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 

19 FOR JUDICIAL REVIEW OF A NAVAJO NATION 

20 WATER USE PERMIT DECISION. 

21 (a) CONSENT.—On the Enforceability Date, the con22 sent of the United States is hereby given, with the consent 

23 of the Navajo Nation under Article 17.14.4 of the Agree24 ment, to jurisdiction in the District Court for the Thir25 teenth Judicial District of the State of New Mexico, and 


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•HR 8945 IH

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

2 Supreme Court on appeal therefrom in the same manner 

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

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

5 Water Use Permit administrative proceeding under Article 

6 17.10.4 of the Agreement for the limited and sole purpose 

7 of judicial review of a Navajo Nation Water Use Permit 

8 decision under article 17.10.5 of the Agreement. 

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

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

11 to judicial review, based on the record developed through 

12 the administrative process of the Navajo Nation, under a 

13 standard of judicial review limited to determining whether 

14 the Navajo Nation decision on the application for the Nav15 ajo Nation Water Use Permit— 

16 (1) is supported by substantial evidence; 

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

18 law; 

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

20 the Navajo Partial Final Judgment and Decree; or 

21 (4) shows that the Navajo Nation acted fraudu22 lently or outside the scope of its authority. 

23 (c) NAVAJO NATION WATER CODE AND INTERPRE24 TATION.— 


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

2 or Navajo Water Law provisions that meet the re3 quirements of Article 17.10 of the Agreement shall 

4 be given full faith and credit in any proceeding de5 scribed in this section. 

6 (2) PROVISIONS OF THE NAVAJO NATION

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

8 conducting judicial review under this section must 

9 interpret provisions of Navajo Nation law that are 

10 not express provisions of the Navajo Nation Water 

11 Code or Navajo Nation water law, the State court 

12 shall certify the question of interpretation to the 

13 Navajo Nation court. 

14 (3) NO CERTIFICATION.—Any issues of inter15 pretation of standards in article 17.10.6 of the 

16 Agreement are not subject to certification. 

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

18 the jurisdiction of the Decree Court to interpret and 

19 enforce the Agreement. 

20 SEC. 12. MISCELLANEOUS PROVISIONS. 

21 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

22 UNITED STATES.—Nothing in this Act waives the sov23 ereign immunity of the United States. 

24 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

25 Nothing in this Act quantifies or diminishes any land or 


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•HR 8945 IH

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

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

3 than the Navajo Nation. 

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

5 affects any provision of law (including regulations) in ef6 fect on the day before the date of enactment of this Act 

7 with respect to pre-enforcement review of any Federal en8 vironmental enforcement action. 

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

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

11 SEC. 13. RELATION TO ALLOTTEES. 

12 (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth13 ing in this Act or the Agreement shall affect the rights 

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

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

16 rights or damages relating to land allotted by the United 

17 States to Allottees. 

18 (b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 

19 (1) SEPARATE ADJUDICATION.—Notwith20 standing whether an Allotment is patented pursuant 

21 to section 1 of the Act of February 8, 1887 (com22 monly known as the ‘‘Indian General Allotment 

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

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

25 of the Indian Land Consolidation Act Amendments 


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

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

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

4 adjudicated— 

5 (A) water rights for Allotments shall be 

6 separate from the Navajo Nation’s Water 

7 Rights; and 

8 (B) no water rights for Allotments shall be 

9 included in the Navajo Partial Final Judgment 

10 and Decree. 

11 (2) ALLOTMENT WATER RIGHTS.—The Allot12 ment water rights adjudicated separately pursuant 

13 to paragraph (1) shall not be subject to the restric14 tions or conditions that apply to the use of the Nav15 ajo Nation’s Water Rights, subject to the condition 

16 that if an Allotment governed by the Act of Feb17 ruary 8, 1887 (commonly known as the ‘‘Indian 

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

19 119) becomes Navajo Nation Lands, the water 

20 rights associated with that Allotment shall be sub21 ject to the restrictions and conditions on the Navajo 

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

23 Agreement. 

24 (3) ALLOTTEE WATER RIGHTS TO BE ADJU25 DICATED.—Allottees, or the United States, acting in 


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1 its capacity as trustee for Allottees, may make water 

2 rights claims, and those claims may be adjudicated 

3 in the Rio San Jose ́ Stream System or the Rio 

4 Puerco Basin. 

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

6 PROJECT SERVICE AREA. 

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

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

9 Project authorized under section 10602 of the North10 western New Mexico Rural Water Projects Act (Public 

11 Law 111–11; 123 Stat. 1379). 

12 (b) EXPANSION OF PROJECT SERVICE AREA AU13 THORIZED.—The Nation may expand the service area for 

14 the Project in order to deliver water supply from the 

15 Project to communities of the Nation within the Rio San 

16 Jose ́ Basin in the State. 

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

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

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

20 Reclamation still holds title to those facilities, the Navajo 

21 Nation shall— 

22 (1) obtain approval, in writing, from the Com23 missioner of Reclamation for the final design of the 

24 connection and related facilities needed to connect 


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1 the extension into the Rio San Jose ́ area from those 

2 facilities; and 

3 (2) coordinate construction of the connection 

4 and related facilities with the Commissioner of Rec5 lamation. 

6 SEC. 15. ANTIDEFICIENCY. 

7 The United States shall not be liable for any failure 

8 to carry out any obligation or activity authorized by this 

9 Act, including any obligation or activity under the Agree10 ment, if adequate appropriations are not provided ex11 pressly by Congress to carry out the purposes of this Act. 

Æ 


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