89–010 

Calendar No. 255 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–115 

A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR, ACTING 

THROUGH THE COMMISSIONER OF RECLAMATION, TO DEVELOP WATER 

INFRASTRUCTURE IN THE RIO GRANDE BASIN, AND TO APPROVE THE 

SETTLEMENT OF THE WATER RIGHTS CLAIMS OF THE PUEBLOS OF 

NAMBE, POJOAQUE, SAN ILDEFONSO, AND TESUQUE 

JANUARY 20, 2010.—Ordered to be printed 

Mr. DORGAN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany S. 1105] 

The Committee on Indian Affairs, to which was referred the bill, 

S. 1105, to authorize the Secretary of the Interior, acting through 

the Commissioner of Reclamation, to develop water infrastructure 

in the Rio Grande Basin, and to approve the settlement of the 

water rights claims of the Pueblos of Nambe ́, Pojoaque, San 

Ildefonso, and Tesuque, having considered the same, reports favorably thereon, as amended, and recommends that the bill do pass. 

PURPOSE

The purpose of S. 1105 is to approve an Indian water rights settlement, to authorize and direct the Secretary of the Interior to 

execute the settlement agreement and perform all obligations of 

the Secretary pursuant to that agreement, and to authorize all actions and appropriations necessary for the United States to meet 

its obligations under the settlement agreement and this Act. 

BACKGROUND

The Pueblos of Nambe ́, Pojoaque, San Ildefonso, and Tesuque are 

located in the Pojoaque River Basin, a tributary of the Rio Grande 

in Northern New Mexico. The basin is largely rural and agricultural; however, residential development is increasing. Water is imVerDate Nov 24 2008 06:30 Jan 21, 2010 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR115.XXX SR115

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portant to the community, not only for basic municipal needs, but 

also for its sacred role in Pueblo culture. 

The Aamodt Litigation Settlement Act, S. 1105, would resolve a 

long-standing Indian water rights case in the State of New Mexico. 

Quantification and settlement of Indian water rights requires Federal legislation. Legislation is necessary in this instance because 

the agreement resolves the claims of the Pueblos against the 

United States and releases the United States from further liability 

and because the agreement contemplates a number of Federal activities for which authorization is required, such as the design and 

construction of a regional water system. Without legislation the 

Pueblos and other parties would be forced to continue to engage in 

litigation to determine the respective rights of water users. 

S. 1105 resolves the Indian water rights claims of four Pueblos 

stemming from the State of New Mexico, ex rel. State Engineer v. 

Aamodt (Aamodt) lawsuit which was filed in April 1966 making it 

one of the longest-running Indian water rights cases in the United 

States. A comprehensive Settlement Agreement was reached in 

January 2006 between the Pueblos of Nambe ́, Pojoaque, San 

Ildefonso, and Tesuque, the State of New Mexico, Santa Fe County, 

and the City of Santa Fe. The Settlement Agreement would secure 

water to meet the current and future needs of the four Pueblos, 

protects longstanding water uses and resources in the Basin, preserves centuries-old non-Pueblo irrigation in the Basin, and provides water for current and future uses by all of the Basin’s residents. 

Approximately $174.3 million in federal appropriations would be 

authorized by S. 1105. In addition to that amount, the State of 

New Mexico, Santa Fe County, and the City of Santa Fe are prepared to contribute about an additional $116.9 million to the proposed settlement. These funds would be used to construct a water 

system to serve the Pueblos and county residents, fund a Pueblo 

Water Acquisition Fund and a Pueblo Conservation Fund, pay for 

city water delivery offsets, fund operation, maintenance, and recovery of Pueblo water systems, fund county water rights acquisitions, 

and provide in-basin water rights to be transferred to the county 

water utility. If sufficient appropriations have not been made by 

2020, some of the federal costs of S. 1105 may be satisfied by the 

‘‘Reclamation Water Settlements Fund’’ which was created by Section 10501 of Pub. L. 111–11. 

SUMMARY OF MAJOR PROVISIONS

Section 101 directs the Secretary of the Interior, acting through 

the Commissioner of Reclamation, to plan, design and construct a 

regional water system. The purpose of the regional water system 

is to provide water to the four Pueblos and other areas within 

Santa Fe County. Section 101 would also require the Pueblos to 

consent to required rights-of-way necessary for the construction of 

the regional water system. 

Construction on the regional water system may not begin until 

the Secretary executes the Settlement Agreement and the Costsharing and System Integration Agreement. In addition, the State 

and County must have entered into an agreement with the Secretary regarding the non-Federal share of construction costs. Costs 

associated with the County’s water distribution elements will be 


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borne by the State and local governments. Once the regional water 

system has been constructed, the Secretary will convey to each 

Pueblo any portion of the system located on its lands and to the 

County its part of the distribution system. 

Section 102 would require that the Pueblos and Santa Fe County 

enter into an Operating Agreement for the water system which 

must be approved by the Secretary of the Interior. Section 103 of 

the bill would authorize the Secretary to acquire water rights for 

the Pueblos. Section 104 of the bill would set out the water delivery 

and allocation requirements of the regional water system developed 

pursuant to Section 101. Section 105 of the bill would establish an 

Aamodt Settlement Pueblos’ Fund in the United States Treasury to 

be used for water-related infrastructure, operation and maintenance costs, and acquisition of water rights. 

Section 107 would authorize the following appropriations over 

fiscal years 2010 through 2022: $106,400,000 for planning, design, 

and construction of the regional water system (subject to annual 

adjustments for increases in engineering cost indices); $15,000,000 

for rehabilitation and improvement of agricultural delivery facilities (subject to adjustment in accordance with the CPI Urban Index 

commencing October 1, 2006); $37,500,000 to assist the Pueblos in 

paying their share of operation and maintenance costs (subject to 

adjustment in accordance with the CPI Urban Index commencing 

January 1, 2011); and $5,000,000 to acquire reserved water rights 

for the Nambe ́ Pueblo (subject to adjustment in accordance with 

the CPI Urban Index commencing January 1, 2011). Section 107 

also authorizes $5,400,000 for the acquisition of certain water 

rights if those rights are acquired by December 31, 2010, (subject 

to adjustment in accordance with the CPI Urban Index commencing January 1, 2011); and $5,000,000 for the operation, maintenance or replacement costs associated with the Pueblo water facilities prior to conveyance of those facilities to the Pueblos. 

Section 201 would authorize, ratify and confirm the Settlement 

Agreement and the Cost-Sharing and System Integration Agreement and requires the Secretary of the Interior to execute those 

agreements. 

Section 203 sets forth the conditions for implementation of the 

Settlement Agreement and enforcement provisions. 

Section 204 provides waivers of the Pueblos and the United 

States, as trustee, to claims and parties in the Aamodt case. 

LEGISLATIVE HISTORY

In the 110th Congress, Senators Bingaman and Domenici introduced S. 3381 which contained authorizations almost identical to 

S. 1105. On September 11, 2008, the Committee held a legislative 

hearing on S. 3381, and it was reported out of the Committee on 

September 23, 2008. However, S. 3381 was never considered by the 

full Senate. 

In the 111th Congress, S. 1105 was introduced by Senator Bingaman on May 20, 2009 with Senator Tom Udall as an original cosponsor. S. 1105 was referred to the Committee on Indian Affairs 

and in an open business meeting on September 10, 2009, the Committee approved S. 1105 with an amendment offered by Senator 

Tom Udall. 


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A companion bill, H.R. 3342, the Aamodt Litigation Settlement 

Act, was introduced in the House of Representatives on July 29, 

2009, by Representative Luja ́n. H.R. 3342 was referred to the 

House Committee on Natural Resources. On September 9, 2009, a 

hearing on H.R. 3342 was held by the Water and Power Subcommittee of the House Committee on Natural Resources. 

SUMMARY OF AMENDMENT

The amendment approved by the Committee addressed certain 

concerns raised by the Administration. For example, in Section 

203, the amendment provides for judicial review of the Secretary’s 

decision when the Secretary makes the determination of whether 

the regional water system is substantially complete. The amendment also deletes Section 204(a)(9) which the Administration had 

raised a concern about. The Committee was informed that local 

parties determined that Section 204(a)(9) was not necessary because it was never the belief of those parties that diverting ground 

or surface water in accordance with the terms of the Settlement 

Agreement would cause an unacceptable change in the concentration of the naturally occurring constituencies, such as salinity, in 

the basin’s water supply. The parties never envisioned litigation 

among themselves related to such issues subsequent to the settlement and are of the view that they have resolved all issues related 

to the diversion of water in accordance with the terms of the Settlement Agreement. 

SECTION-BY-SECTION ANALYSIS OF S. 1105 AS AMENDED

S. 1105 has two Titles: Title A authorizes the Pojoaque Basin Regional Water System, and Title B ratifies the Pojoaque Basin Indian Water Rights Settlement entered by the settling parties in 

2006. 

Section 1. Short title 

Section 1 provides the short title of S. 1105 as the ‘‘Aamodt Litigation Settlement Act.’’ 

Section 2. Definitions 

This section defines important terms used in S. 1105. 

TITLE I—POJOAQUE BASIN REGIONAL WATER SYSTEM 

Section 101. Authorization of regional water system 

Section 101 directs the Secretary of the Department of the Interior, acting through the Commissioner of Reclamation, to plan, design and construct a regional water system. The purpose of the regional water system is to provide water to the four Pueblos and 

Santa Fe County Water Utility. Section 101 also requires the Pueblos to consent to required rights-of-way necessary for the construction of the regional water system. Construction on the regional 

water system may not begin until the Secretary executes the Settlement Agreement and the Cost-sharing and System Integration 

Agreement, and the State and County have entered an agreement 

with the Secretary regarding the non-Federal share of construction 

costs. As amended, Section 101(f) provides that the federal costs of 

constructing the Pueblo water facilities will be capped. Costs assoVerDate Nov 24 2008 05:39 Jan 21, 2010 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR115.XXX SR115

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ciated with the County’s water distribution elements will be borne 

by the State and local governments. Once constructed, the Secretary will convey to each Pueblo any portion of the regional water 

system located on its lands and to the County its portion of the distribution system. 

Section 102. Operating agreement 

Section 102 requires the Pueblos to develop and submit to the 

Secretary an Operating Agreement for the regional water system 

and states required provisions of the Operating Agreement including distribution lines for the County and the Pueblos, the allocation 

of regional water system capacity, the terms of any unused water 

capacity in the regional water system, and other matters. 

Section 103. Acquisition of Pueblo water supply for the regional 

water system 

Section 103, as amended, obligates the Secretary to secure and 

hold in trust a firm supply of water for the Pueblos. Specifically, 

the Secretary is required to acquire water rights to 302 acre-feet 

of Nambe ́ reserved water; acquire water rights to 1,141 acre-feet 

from water acquired by the County for so-called ‘‘Top of the World 

water rights’’ in the Aamodt case; and enter into a contract with 

the Pueblos for 1,079 acre feet of San Juan Chama Project water. 

Section 103(g) clarifies that compliance with subsections 103(a)– 

(f) satisfies all obligations of the Secretary to acquire and secure a 

water supply for the Pueblos pursuant to the Settlement Agreement. Section 103(h) states that the Pueblos, County, or Regional 

Water Authority may acquire additional water rights to ensure 

that all parties receive the full allocation of water provided by the 

Settlement Agreement. 

Section 104. Delivery and allocation of regional water system capacity and water 

Section 104 concerns the allocation and operation of the regional 

water system including capacity to divert sufficient water from the 

Rio Grande to provide 4,000 acre-feet of consumptive water use and 

requisite peaking capacity. Section 104 also allocates to the Pueblos 

2,500 acre-feet of water per year for consumptive use to the four 

Pueblos plus peaking capacity and to the County 1,500 acre feet of 

water per year for consumptive use. 

Section 105. Aamodt Settlement Pueblos’ Fund 

Section 105 establishes in the Treasury of the United States the 

Aamodt Settlement Pueblos’ Fund consisting of funds appropriated 

for the construction of the regional water system and additional 

elements of the settlement including operation and maintenance. 

These additional elements are set forth in Section 107. 

Section 106. Environmental compliance 

Section 106 provides that the laws of the Federal Government related to environmental protection, including but not limited to the 

National Environmental Policy Act (NEPA) and the Endangered 

Species Act (ESA), apply to S. 1105. 


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Section 107. Authorization of appropriations 

Section 107 would authorize the following appropriations over fiscal years 2010 through 2022: $106,400,000 for planning, design, 

and construction of the regional water system (subject to annual 

adjustments for increases in engineering cost indices); $15,000,000 

for rehabilitation and improvement of agricultural delivery facilities (subject to adjustment in accordance with the CPI Urban Index 

commencing October 1, 2006); $37,500,000 to assist the Pueblos in 

paying their share of operation and maintenance costs (subject to 

adjustment in accordance with the CPI Urban Index commencing 

January 1, 2011); and $5,000,000 to acquire reserved water rights 

for the Nambe ́ Pueblo (subject to adjustment in accordance with 

the CPI Urban Index commencing January 1, 2011). Section 107 

also authorizes $5,400,000 for the acquisition of certain water 

rights if those rights are acquired by December 31, 2010, (subject 

to adjustment in accordance with the CPI Urban Index commencing January 1, 2011); and $5,000,000 for the operation, maintenance or replacement costs associated with the Pueblo water facilities prior to conveyance of those facilities to the Pueblos. 

TITLE II—POJOAQUE BASIN INDIAN WATER RIGHTS 

SETTLEMENT 

Section 201. Settlement agreement and contract approval 

Section 201 ratifies and requires the Secretary to execute the 

Settlement Agreement. Section 201 also authorizes the Pueblos to 

enter contracts to lease or exchange water rights as provided in the 

Settlement Agreement. 

Section 202. Environmental compliance 

Section 202 provides that the Secretary’s execution of the Settlement Agreement does not constitute a major Federal action for purposes of NEPA. It also provides that in implementing Title I, the 

Secretary is required to comply with the laws of the Federal government relating to environmental protection, including NEPA and 

ESA. 

Section 203. Conditions precedent and enforcement date 

Section 203, as amended, requires the Secretary to publish in the 

Federal Register a statement of findings that certain conditions 

have been met, to wit: that any changes required of the Settlement 

Agreement by virtue of S. 1105 have been made; that the Settlement Agreement, so revised, contain required waivers and releases; 

that Congress has fully appropriated, or the Secretary has provided 

from other authorized sources, all funds authorized by S. 1105 by 

2016; that the Secretary has acquired or entered into contracts for 

the water supply for the Pueblos and that water has been satisfactorily permitted by the New Mexico State Engineer; that the State 

of New Mexico has enacted any necessary legislation and provided 

funding required under the Settlement Agreement; that a partial 

final decree setting forth the water rights of the Pueblos has been 

approved by the U.S. District Court for the District of New Mexico; 

and, a final decree setting for the water rights for all parties to the 

Aamodt case has been approved by the U.S. District Court for the 

District of New Mexico by 2017. 


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Section 203(c) provides that the Settlement Agreement will become enforceable as of the date the U.S. District Court for the District of New Mexico enters a partial final decree. 

Section 203(e), as amended, provides that the Secretary shall determine whether construction of the regional water system is substantially complete and allows for judicial review of that determination. 

Section 204. Waivers and releases 

Section 204, as amended, requires the Pueblos to execute a waiver and release of all past, present or future claims to surface and 

groundwater rights the Pueblos, or the U.S. on behalf of the Pueblos, could have asserted in the Aamodt case; all past, present or future claims for damages, losses, or injuries to water rights or 

claims of interference, diversion, or taking water for lands within 

the Pojoaque Basin that could have been asserted in the Aamodt 

case; their defenses in the Aamodt case to claims previously asserted by other parties in the Aamodt case; and all pending inter 

se challenges against other parties to the Settlement Agreement. 

Section 204 also requires the Pueblos to execute similar waivers 

and releases of all causes of action against the U.S. arising out of 

past, present, or future claims for water rights that were asserted 

or could have been by the United States in the Aamodt case; all 

past, present or future claims for damages, losses, or injuries to 

water rights or claims of interference, diversion, etc. for lands within the Pojoaque Basin that could have been asserted by the Pueblos 

against the United States in the Aamodt case; and all claims arising out of the negotiation or adoption of the Settlement Agreement 

that the Pueblos may have against the United States. 

Section 204 provides that notwithstanding the above waivers and 

releases, the Pueblos and the United States retain claims regarding 

water rights outside the Pojoaque Basin; all claims for the enforcement of the Settlement Agreement, the Final Decree or S. 1105; all 

rights to use and protect water rights acquired pursuant to state 

law to the extent not inconsistent with the Settlement Agreement 

of the Final Decree; and all rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to the Settlement Agreement or S. 1105. 

Section 204 also provides that applicable statutes of limitation 

will be tolled from the date of enactment of S. 1105 and end on the 

date of enforcement. It also provides that nothing in section 204 revives any claims or tolls any period of limitation that expired before the enactment of S. 1105. 

Section 205. Effect 

Section 205 provides that nothing in S. 1105 or the Settlement 

Agreement affects the land and water rights, claims, or entitlements to water of any Indian tribe, pueblo, or community other 

than the Pueblos. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

In an open business meeting on September 10, 2009, the Committee on Indian Affairs, by voice vote, adopted S. 1105, as amended, and ordered the bill reported to the Senate, with the recommendation that the Senate do pass S. 1105, as amended. 


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COST AND BUDGETARY CONSIDERATIONS

S. 1105—Aamodt Litigation Settlement Act 

Summary: S. 1105 would approve and ratify a settlement agreement between four Pueblos and the state of New Mexico. The 

agreement would settle the Pueblos’ claims to water rights in the 

state. As part of the settlement agreement, the bill would authorize 

the appropriation of funds to construct a regional water system in 

the Rio Grande River Basin. The bill also would create a trust fund 

for the Pueblos to maintain that system. In addition, the bill would 

authorize appropriations for the Department of the Interior (DOI) 

to operate and maintain certain portions of the system until they 

are conveyed to the Pueblos. Finally, the bill would authorize appropriations for the Secretary of the Interior to acquire certain 

water rights on behalf of the Pueblos. 

Based on information from DOI and assuming appropriation of 

the authorized and necessary amounts, CBO estimates that implementing S. 1105 would cost $71 million over the 2010–2014 period 

and $128 million after 2014. Enacting S. 1105 would not affect direct spending or revenues. 

S. 1105 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

If the Secretary of the Interior acquires property through eminent domain in order to construct the regional water system under 

the Aamodt litigation settlement, S. 1105 would impose a privatesector mandate as defined in UMRA. Based on information from 

the Department of the Interior, CBO expects that the Secretary 

would use that authority sparingly and that the cost of the mandate, if imposed, would fall well below the annual threshold established in UMRA for private-sector mandates ($139 million in 2009, 

adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1105 is shown in the following table. The costs 

of this legislation fall within budget functions 300 (natural resources and environment) and 450 (community and regional development). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010–2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Regional Water System: 

Estimated Authorization Level ..................................... 0 0 10 25 35 70 

Estimated Outlays ....................................................... 0 0 6 18 29 53 

Settlement Trust Fund: 

Estimated Authorization Level ..................................... 0 0 3 3 4 10 

Estimated Outlays ....................................................... 0 0 3 3 4 10 

DOI Operation and Maintenance Costs: 

Estimated Authorization Level ..................................... 0 0 1 1 1 3 

Estimated Outlays ....................................................... 0 0 1 1 1 3 

Water Rights: 

Authorization Level ...................................................... 5 0 0 0 0 5 

Estimated Outlays ....................................................... 2 2 1 0 0 5 

Total Changes:.

Estimated Authorization Level ................... 5 0 14 29 40 88 

Estimated Outlays ..................................... 2 2 11 22 34 71 

Note: DOI = Department of the Interior. 


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Basis of estimate: For this estimate, CBO assumes that S. 1105 

will be enacted early in fiscal year 2010 and that the necessary 

amounts will be appropriated for each year. Enforcement of the settlement agreement depends on the completion of a number of actions by federal, state, local, and tribal governments. Based on information from DOI, CBO expects that those actions will be completed by fiscal year 2017. Cost estimates for the authorized water 

projects are based on information from DOI and on historical 

spending patterns for similar activities. 

In 2006, four Pueblos in New Mexico (Nambe ́, Pojoaque, San 

Ildefonso, and Tesuque) and the city and county of Santa Fe, New 

Mexico, signed a settlement agreement resolving a water rights dispute (known as the Aamodt case) in the Rio Grande River Basin. 

The United States would become party to that agreement upon enactment of S. 1105, provided that certain conditions are met. 

Among other actions, the Secretary of the Interior would have to 

publish a statement of findings in the Federal Register indicating 

that all parties have executed the agreement; the U.S. district 

court would have to issue a judgment and final decree concerning 

the agreement; Congress would have to appropriate certain 

amounts specified in the bill (about $68 million) to carry out part 

of the agreement; and New Mexico would have to appropriate funds 

for the Pueblos. 

Based on information from DOI and assuming appropriation of 

the necessary amounts, CBO estimates that implementing the legislation would cost $71 million over the 2010–2014 period and $128 

million after 2014. Should the Secretary not publish the required 

statement of findings by September 15, 2017, verifying that all conditions necessary to execute the agreement have been met, the 

agreement would not take effect, and no federal funds could be 

spent after that date. 

Regional water system 

Section 101 would authorize the Secretary of the Interior, acting 

through the Commissioner of Reclamation, to construct a regional 

water system in the Rio Grande River Basin in New Mexico. The 

system would divert water from the Rio Grande River to certain 

Pueblos and to the Santa Fe County Water Utility. The state of 

New Mexico and Santa Fe County would be required to pay a portion of the system’s cost. Once construction of that system is complete, the Secretary would be required to convey components of the 

system to state, local, and tribal entities. Assuming appropriation 

of the necessary amounts, CBO estimates that constructing the 

water system would cost $53 million over the 2010–2014 period 

and an additional $75 million after 2014. 

Settlement trust fund 

Section 105 would authorize the appropriation of $57.5 million to 

be deposited into the Aamodt Settlement Pueblos’ Fund. A portion 

of that amount would be adjusted for increases in construction 

costs. Once certain conditions have been met, the Secretary of the 

Interior would be required to invest amounts in the fund in U.S. 

Treasury obligations. The fund would be used by the Pueblos to operate and maintain certain portions of the regional water system 

owned by the Pueblos. 


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Amounts in the fund could not be spent by the Pueblos until certain conditions specified in the bill are met. About 35 percent of the 

funds would be available for expenditure after the United States 

District Court approves the settlement agreement, which we expect 

would occur in 2012. Those funds would be used by the Pueblos to 

acquire certain water rights and to operate and maintain certain 

water systems. CBO expects that the Pueblos would spend between 

$3 million and $5 million a year over the 2012–2016 period for 

those purposes. 

The remaining 65 percent of the funds could be spent when the 

Secretary determines that certain portions of the new regional 

water system are substantially complete. Information from DOI 

suggests that the system would be substantially complete by the 

end of 2017. At that time, we expect that the settlement agreement 

would be executed, the remaining funds would be available to the 

Pueblos, and the budget would record an expenditure of $42 million. In total, CBO estimates that implementing this provision 

would cost $10 million over the 2010–2014 period and $51 million 

after 2014. 

Payments to certain tribal trust funds that are held and managed in a fiduciary capacity by the federal government on behalf 

of Indian tribes are treated as payments to a nonfederal entity. As 

a result, CBO expects that the entire amount deposited into the 

Aamodt Settlement Pueblos’ Fund (excluding amounts made available for certain Pueblo water systems) would be recorded as an outlay in 2017 when the funds could be spent by the Pueblos. Subsequently, any use of such funds would have no effect on the federal 

budget. Because S. 1105 directs the Secretary to invest amounts in 

the fund only after those amounts are available to the Pueblos, 

CBO expects that no interest would accrue on the amounts in the 

fund until 2017 when federal payments could first be spent by the 

Pueblos. 

DOI operation and maintenance costs 

Section 107 would authorize the appropriation of $5 million for 

DOI to pay operation and maintenance costs associated with certain portions of the regional water system prior to their conveyance 

to the Pueblos. Based on information from DOI, CBO expects that 

land and infrastructure associated with those projects would be 

conveyed to the Pueblos in 2017. Assuming appropriation of the authorized amounts, CBO estimates that operating and maintaining 

those projects would cost about $1 million a year over the 2012– 

2016 period. 

Water rights 

Section 103 would authorize the appropriation of $5.4 million for 

the acquisition of water rights pursuant to the settlement agreement. Those funds would be used by the Secretary of the Interior 

to acquire, on behalf of the Pueblos, a specified amount of water 

from Santa Fe County. Assuming appropriation of the authorized 

amounts, CBO estimates that acquiring those water rights would 

cost $5.4 million over the 2010–2012 period. 

Estimated impact on State, local, and tribal governments: S. 

1105 contains no intergovernmental mandates as defined in 

UMRA. The bill would authorize water projects and provide other 


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assistance that would benefit state, local, and tribal governments. 

Any costs to those governments would be incurred voluntarily as 

a condition of federal assistance. 

Estimated impact on the private sector: If the Secretary of the 

Interior acquires property through eminent domain in order to construct the regional water system under the proposed settlement, 

the bill would impose a private-sector mandate as defined in 

UMRA. The cost of the mandate would be the fair market value of 

the property and any expenses incurred by the owners in transferring that property to the federal government. Based on information 

from the DOI, CBO expects that only a few small tracts of private 

land may need to be acquired and that the value of that land is 

small. CBO therefore expects that the cost of the mandate, if imposed, would fall well below the annual threshold established in 

UMRA for private-sector mandates ($139 million in 2009, adjusted 

annually for inflation). 

Estimated prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee believes that the regulatory and paperwork impact of S. 1105 will be minimal. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that the enactment of S. 

1105 will not make any changes in existing law. 


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ADDITIONAL VIEWS OF SENATOR TOM UDALL 

I am pleased that the Indian Affairs Committee voted to report 

S. 1105, Aamodt Litigation Settlement Act. I appreciate the support of my colleagues on this bill and the efforts of the Chairman 

to move this bill forward in a timely manner. 

Following the Committee Business Meeting in which S. 1105 was 

reported, the Administration submitted a letter to the Committee, 

through Commissioner of Reclamation Michael L. Connor, expressing its views on S. 1105. As explained in Commissioner Connor’s 

letter, these views supplement his testimony delivered to the House 

Subcommittee on Water and Power on September 9, 2009 on identical companion legislation, H.R. 3342. 

In response to both the letter and the testimony, I received a letter from representatives of the seven local government parties to 

the Aamodt settlement and leadership of the Pueblos of San 

Ildefonso, Nambe, Pojoaque, and Tesuque discussing some of the 

issues raised. To ensure clarity and completeness of the Committee’s report on S. 1105, I would like to submit portions of this response that address issues raised by the Administration and Commissioner Connor: 

First. The Commissioner expressed concerns about the allocation 

of risk in the event that the cost of constructing the Regional 

Water System exceeds the budget authorization. The non-federal 

settlement parties agree that execution of the Cost-Sharing Agreement should be made a condition of beginning construction and 

that requirement is already in Section 101(d)(1) of S. 1105. 

The Commissioner also suggested that the Bureau of Reclamation be required to consult with the State and the Pueblos regarding any cost increases. The State, Santa Fe County and the Pueblos all expect that the Bureau of Reclamation will consult with us 

during the design, and construction phases. If there are any cost 

increases, the regular on-going consultation process will provide 

the best opportunity to allocate responsibility for such increases. It 

is difficult, if not impossible, to allocate the responsibility for cost 

overruns in the abstract. The non-federal parties strongly urge the 

Congress to proceed with this legislation with that understanding 

but without additional language added to address this concern. 

Second. The Commissioner proposed to revise the language pertaining to the San Juan-Chama project water required to fulfill 

terms of this settlement. The language proposed by the Commissioner is acceptable to the Pueblos. This change involves inserting 

the word ‘‘construction’’ before the word ‘‘cost’’ in Section 

103(e)(1)(C). 

Third. The non-federal parties think the language in the Bill as 

written adequately address the concern raised by the United States 

about Section 107(c)(2)(B). However, we do not object to the clarification suggested by the Commissioner on behalf of the United 


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States, that the legislation state ‘‘both that the Secretary is authorized to pay operation, maintenance, or replacement costs for the 

Regional Water System until the Regional Water System is completed and the amount authorized in section 107(c) for the Aamodt 

Settlement Pueblos’ Fund has been appropriated to that Fund, and 

that thereafter the Federal Government shall have no obligation to 

pay for the operation, maintenance, and replacement costs of the 

Regional System’’. 

Fourth. The non-federal parties agree that there is value in harmonizing the language in Sections 105(d)(7)(C) and Section 203(f). 

We propose the following three changes to achieve that: 

• Insert as new section 203(f)(4): 

Right to Set-Off. The United States shall be entitled to set off 

any funds expended or withdrawn from the amounts appropriated 

pursuant to section 107(c) together with any interest accrued 

against any claims against the United States relating to water 

rights in the Pojoaque Basin asserted by a Pueblo that received the 

direct benefit of such funds. 

• Section 105(d)(7)(C) should be similarly modified to read ‘‘If the 

conditions precedent in section 203 have not been fulfilled by September 15, 2017, the United States shall be entitled to set off any 

funds expended or withdrawn from the amounts appropriated pursuant to section 107(c) for the direct benefit of a Pueblo, together 

with any interest accrued, against any claims asserted by that 

Pueblo against the United States relating to the water rights in the 

Pojoaque Basin.’’ 

• Section 203(b)(2) should be modified to parallel Section 

203(f)(3). 

TOM UDALL. 

Æ 


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