I 

111TH CONGRESS 

1ST SESSION H. R. 924 

To direct the Secretary of the Interior, acting through the Commissioner 

of Reclamation, to assess the irrigation infrastructure of the Rio Grande 

Pueblos in the State of New Mexico and provide grants to, and enter 

into cooperative agreements with, the Rio Grande Pueblos to repair, 

rehabilitate, or reconstruct existing infrastructure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2009 

Mr. LUJA ́N introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To direct the Secretary of the Interior, acting through the 

Commissioner of Reclamation, to assess the irrigation 

infrastructure of the Rio Grande Pueblos in the State 

of New Mexico and provide grants to, and enter into 

cooperative agreements with, the Rio Grande Pueblos 

to repair, rehabilitate, or reconstruct existing infrastructure, 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. 

2 This Act may be cited as the ‘‘Rio Grande Pueblos 

3 Irrigation Infrastructure Improvement Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) drought, population increases, and environ7 mental needs are exacerbating water supply issues 

8 across the western United States, including the Rio 

9 Grande Basin in New Mexico; 

10 (2) a report developed by the Bureau of Rec11 lamation and the Bureau of Indian Affairs in 2000 

12 identified a serious need for the rehabilitation and 

13 repair of irrigation infrastructure of the Rio Grande 

14 Pueblos; 

15 (3) inspection of existing irrigation infrastruc16 ture of the Rio Grande Pueblos shows that many 

17 key facilities, such as diversion structures and main 

18 conveyance ditches, are unsafe and barely, if at all, 

19 operable; 

20 (4) the benefits of rehabilitating and repairing 

21 irrigation infrastructure of the Rio Grande Pueblos 

22 include— 

23 (A) water conservation; 

24 (B) extending available water supplies; 

25 (C) increased agricultural productivity; 

26 (D) economic benefits; 


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1 (E) safer facilities; and 

2 (F) the preservation of the culture of In3 dian Pueblos in the State; 

4 (5) certain Indian Pueblos in the Rio Grande 

5 Basin receive water from facilities operated or owned 

6 by the Bureau of Reclamation; and 

7 (6) rehabilitation and repair of irrigation infra8 structure of the Rio Grande Pueblos would im9 prove— 

10 (A) overall water management by the Bu11 reau of Reclamation; and 

12 (B) the ability of the Bureau of Reclama13 tion to help address potential water supply con14 flicts in the Rio Grande Basin. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) 2004 AGREEMENT.—The term ‘‘2004 

18 Agreement’’ means the agreement titled ‘‘Agreement 

19 By and Between the United States of America and 

20 the Middle Rio Grande Conservancy District, Pro21 viding for the Payment of Operation and Mainte22 nance Charges on Newly Reclaimed Pueblo Indian 

23 Lands in the Middle Rio Grande Valley, New Mex24 ico’’ and executed in September 2004 (including any 


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1 successor agreements and amendments to the agree2 ment). 

3 (2) DESIGNATED ENGINEER.—The term ‘‘des4 ignated engineer’’ means a Federal employee des5 ignated under the Act of February 14, 1927 (69 

6 Stat. 1098, chapter 138), to represent the United 

7 States in any action involving the maintenance, re8 habilitation, or preservation of the condition of any 

9 irrigation structure or facility on land located in the 

10 Six Middle Rio Grande Pueblos. 

11 (3) DISTRICT.—The term ‘‘District’’ means the 

12 Middle Rio Grande Conservancy District, a political 

13 subdivision of the State established in 1925. 

14 (4) PUEBLO IRRIGATION INFRASTRUCTURE.— 

15 The term ‘‘Pueblo irrigation infrastructure’’ means 

16 any diversion structure, conveyance facility, or 

17 drainage facility located on land of a Rio Grande 

18 Pueblo that is associated with the delivery of water 

19 for the irrigation of agricultural land. 

20 (5) RIO GRANDE BASIN.—The term ‘‘Rio 

21 Grande Basin’’ means the headwaters of the Rio 

22 Chama and the Rio Grande Rivers (including any 

23 tributaries) from the State line between Colorado 

24 and New Mexico downstream to the elevation corVerDate Nov 24 2008 07:25 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H924.IH H924

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1 responding with the spillway crest of Elephant Butte 

2 Dam at 4,457.3 feet mean sea level. 

3 (6) RIO GRANDE PUEBLO.—The term ‘‘Rio 

4 Grande Pueblo’’ means any of the 18 Pueblos that— 

5 (A) occupy land in the Rio Grande Basin; 

6 and 

7 (B) are included on the list of federally 

8 recognized Indian tribes published by the Sec9 retary in accordance with section 104 of the 

10 Federally Recognized Indian Tribe List Act of 

11 1994 (25 U.S.C. 479a–1). 

12 (7) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior, acting through the 

14 Commissioner of Reclamation. 

15 (8) SIX MIDDLE RIO GRANDE PUEBLOS.—The 

16 term ‘‘Six Middle Rio Grande Pueblos’’ means each 

17 of the Pueblos of Cochiti, Santo Domingo, San 

18 Felipe, Santa Ana, Sandia, and Isleta. 

19 (9) SPECIAL PROJECT.—The term ‘‘special 

20 project’’ has the meaning given the term in the 2004 

21 Agreement. 

22 (10) STATE.—The term ‘‘State’’ means the 

23 State of New Mexico. 


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1 SEC. 4. IRRIGATION INFRASTRUCTURE STUDY. 

2 (a) STUDY.—The Secretary, in accordance with con3 sultation requirements under subsection (c), shall— 

4 (1) conduct a study of Pueblo irrigation infra5 structure; and 

6 (2) based on the results of the study, develop 

7 a list of projects (including a cost estimate for each 

8 project) that are recommended to be implemented 

9 over a 10-year period to repair, rehabilitate, or re10 construct Pueblo irrigation infrastructure. 

11 (b) CONSIDERATION OF FACTORS; PRIORITY.—In de12 veloping the list of projects under subsection (a)(2), the 

13 Secretary shall prioritize the projects recommended for 

14 implementation based on consideration of the following 

15 factors: 

16 (1) The extent of disrepair of the Pueblo irriga17 tion infrastructure. 

18 (2) The effect of the disrepair on the ability of 

19 the applicable Rio Grande Pueblo to irrigate agricul20 tural land using Pueblo irrigation infrastructure. 

21 (3) The extent that the repair, rehabilitation, or 

22 reconstruction of the Pueblo irrigation infrastructure 

23 would provide an opportunity to conserve water. 

24 (4) The economic and cultural impacts that the 

25 disrepair of the Pueblo irrigation infrastructure has 

26 on the applicable Rio Grande Pueblo. 


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1 (5) The economic and cultural benefits that the 

2 repair, rehabilitation, or reconstruction of the Pueblo 

3 irrigation infrastructure would have on the applica4 ble Rio Grande Pueblo. 

5 (6) The opportunity to address water supply or 

6 environmental conflicts in the applicable river basin 

7 if the Pueblo irrigation infrastructure is repaired, re8 habilitated, or reconstructed. 

9 (7) The overall benefits of the project to effi10 cient water operations on the land of the applicable 

11 Rio Grande Pueblo. 

12 (c) CONSULTATION.— 

13 (1) IN CONDUCTING STUDY.—Not later than 3 

14 months after funds are made available for this Act, 

15 the Secretary shall notify each Rio Grande Pueblo, 

16 in writing, that— 

17 (A) the Secretary shall be conducting the 

18 study required by subsection (a)(1); 

19 (B) the Pueblo is invited to consult with 

20 the Secretary regarding the study; and 

21 (C) the Pueblo shall only be eligible to con22 sult if, not more than 3 months after recieving 

23 notice from the Secretary, the Pueblo notifies 

24 the Secretary, in writing, of the Pueblo’s intent 

25 to consult. 


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1 (2) IN DEVELOPING LIST OF PROJECTS.—In de2 veloping the list of projects under subsection (a)(2), 

3 the Secretary shall consult with the Director of the 

4 Bureau of Indian Affairs (including the designated 

5 engineer with respect to each proposed project that 

6 affects the Six Middle Rio Grande Pueblos), the 

7 Chief of the Natural Resources Conservation Serv8 ice, and the Chief of Engineers to evaluate the ex9 tent to which programs under the jurisdiction of the 

10 respective agencies may be used— 

11 (A) to assist in evaluating projects to re12 pair, rehabilitate, or reconstruct Pueblo irriga13 tion infrastructure; and 

14 (B) to implement— 

15 (i) a project recommended for imple16 mentation under subsection (a)(2); or 

17 (ii) any other related project (includ18 ing on-farm improvements) that may be 

19 appropriately coordinated with the repair, 

20 rehabilitation, or reconstruction of Pueblo 

21 irrigation infrastructure to improve the ef22 ficient use of water in the Rio Grande 

23 Basin. 

24 (d) REPORT.—Not later than 18 months after funds 

25 are made available for this Act, the Secretary shall submit 


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1 to the Committee on Natural Resources of the House of 

2 Representatives and Committee on Energy and Natural 

3 Resources of the Senate a report that includes— 

4 (1) the list of projects recommended for imple5 mentation under subsection (a)(2); and 

6 (2) any findings of the Secretary with respect 

7 to— 

8 (A) the study conducted under subsection 

9 (a)(1); 

10 (B) the consideration of the factors under 

11 subsection (b); and 

12 (C) the consultations under subsection (c). 

13 (e) BIENNIAL REVIEW.—Not later than 2 years after 

14 the date on which the Secretary submits the report under 

15 subsection (d) and biennially thereafter, the Secretary, in 

16 consultation with each Rio Grande Pueblo, shall— 

17 (1) review the report submitted under sub18 section (d); and 

19 (2) update the list of projects described in sub20 section (d)(1) in accordance with each factor de21 scribed in subsection (b), as the Secretary deter22 mines to be appropriate. 

23 SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS. 

24 (a) IN GENERAL.—The Secretary may provide grants 

25 to, and enter into cooperative agreements with, the Rio 


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1 Grande Pueblos to plan, design, construct, or otherwise 

2 implement projects to repair, rehabilitate, reconstruct, or 

3 replace Pueblo irrigation infrastructure that are rec4 ommended for implementation under section 4(a)(2)— 

5 (1) to increase water use efficiency and agricul6 tural productivity for the benefit of a Rio Grande 

7 Pueblo; 

8 (2) to conserve water; or 

9 (3) to otherwise enhance water management or 

10 help avert water supply conflicts in the Rio Grande 

11 Basin. 

12 (b) LIMITATION.—Assistance provided under sub13 section (a) shall not be used for— 

14 (1) the repair, rehabilitation, or reconstruction 

15 of any major impoundment structure; 

16 (2) any on-farm improvements; or 

17 (3) the rehabilitation of any Pueblo irrigation 

18 infrastructure for the purpose of irrigating Rio 

19 Grande Pueblo land that has not been historically ir20 rigated. 

21 (c) CONSULTATION.—In carrying out a project under 

22 subsection (a), the Secretary shall— 

23 (1) consult with, and obtain the approval of, the 

24 applicable Rio Grande Pueblo; 


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1 (2) consult with the Director of the Bureau of 

2 Indian Affairs; and 

3 (3) as appropriate, coordinate the project with 

4 any work being conducted under the irrigation oper5 ations and maintenance program of the Bureau of 

6 Indian Affairs. 

7 (d) COST-SHARING REQUIREMENT.— 

8 (1) FEDERAL SHARE.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (B), the Federal share of the 

11 total cost of carrying out a project under sub12 section (a) shall be not more than 75 percent. 

13 (B) EXCEPTION.—The Secretary may 

14 waive or limit the non-Federal share required 

15 under subparagraph (A) if the Secretary deter16 mines, based on a demonstration of financial 

17 hardship by the Rio Grande Pueblo, that the 

18 Rio Grande Pueblo is unable to contribute the 

19 required non-Federal share. 

20 (2) DISTRICT CONTRIBUTIONS.— 

21 (A) IN GENERAL.—The Secretary may ac22 cept from the District a partial or total con23 tribution toward the non-Federal share required 

24 for a project carried out under subsection (a) 

25 on land located in any of the Six Middle Rio 


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1 Grande Pueblos if the Secretary determines 

2 that the project is a special project. 

3 (B) LIMITATION.—Nothing in subpara4 graph (A) requires the District to contribute to 

5 the non-Federal share of the cost of a project 

6 carried out under subsection (a). 

7 (3) STATE CONTRIBUTIONS.— 

8 (A) IN GENERAL.—The Secretary may ac9 cept from the State a partial or total contribu10 tion toward the non-Federal share for a project 

11 carried out under subsection (a). 

12 (B) LIMITATION.—Nothing in subpara13 graph (A) requires the State to contribute to 

14 the non-Federal share of the cost of a project 

15 carried out under subsection (a). 

16 (4) FORM OF NON-FEDERAL SHARE.—The non17 Federal share under paragraph (1)(A) may be in the 

18 form of in-kind contributions, including the contribu19 tion of any valuable asset or service that the Sec20 retary determines would substantially contribute to a 

21 project carried out under subsection (a). 

22 (e) OPERATION AND MAINTENANCE.—The Secretary 

23 may not use any amount made available under section 

24 8(b) for operation or maintenance of any project carried 

25 out under subsection (a). 


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1 SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPON2 SIBILITIES. 

3 Nothing in this Act— 

4 (1) affects any existing project-specific funding 

5 authority; or 

6 (2) limits or absolves the United States from 

7 any responsibility to any Rio Grande Pueblo (includ8 ing any responsibility arising from a trust relation9 ship or from any Federal law (including regula10 tions), Executive order, or agreement between the 

11 Federal Government and any Rio Grande Pueblo). 

12 SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE 

13 WATER LAW. 

14 (a) PUEBLO WATER RIGHTS.—Nothing in this Act 

15 (including the implementation of any project carried out 

16 in accordance with this Act) affects the right of any Pueb17 lo to receive, divert, store, or claim a right to water, in18 cluding the priority of right and the quantity of water as19 sociated with the water right under Federal or State law. 

20 (b) STATE WATER LAW.—Nothing in this Act pre21 empts or affects— 

22 (1) State water law; or 

23 (2) an interstate compact governing water. 

24 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

25 (a) STUDY.—There is authorized to be appropriated 

26 $4,000,000 to carry out section 4. 


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1 (b) PROJECTS.—There is authorized to be appro2 priated $6,000,000 for each of fiscal years 2010 through 

3 2019 to carry out section 5. 

Æ 


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