II 

110TH CONGRESS 

2D SESSION S. 3381 

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, Tesuque, and Taos. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; 

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

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, Tesuque, and Taos. 

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

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents of this Act is as follows: 

Sec. 1. Table of contents. 

TITLE I—AAMODT LITIGATION SETTLEMENT ACT 

Sec. 101. Short title. 

Sec. 102. Definitions. 


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Subtitle A—Pojoaque Basin Regional Water System 

Sec. 111. Authorization of Regional Water System. 

Sec. 112. Operating Agreement. 

Sec. 113. Acquisition of Pueblo water supply for the Regional Water System. 

Sec. 114. Delivery and allocation of Regional Water System capacity and water. 

Sec. 115. Aamodt Settlement Pueblos’ Fund. 

Sec. 116. Environmental compliance. 

Sec. 117. Authorization of appropriations. 

Subtitle B—Pojoaque Basin Indian Water Rights Settlement 

Sec. 121. Settlement Agreement and contract approval. 

Sec. 122. Environmental compliance. 

Sec. 123. Conditions precedent and enforcement date. 

Sec. 124. Waivers and releases. 

Sec. 125. Effect. 

TITLE II—TAOS PUEBLO INDIAN WATER RIGHTS SETTLEMENT 

ACT 

Sec. 201. Short title. 

Sec. 202. Purpose. 

Sec. 203. Definitions. 

Sec. 204. Pueblo rights. 

Sec. 205. Pueblo water infrastructure and watershed enhancement. 

Sec. 206. Taos Pueblo Water Development Fund. 

Sec. 207. Marketing. 

Sec. 208. Mutual-benefit projects. 

Sec. 209. San Juan-Chama Project contracts. 

Sec. 210. Authorizations, ratifications, confirmations, and conditions precedent. 

Sec. 211. Waivers and releases. 

Sec. 212. Interpretation and enforcement. 

Sec. 213. Disclaimer. 

1 TITLE I—AAMODT LITIGATION 

2 SETTLEMENT ACT 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Aamodt Litigation 

5 Settlement Act’’. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) ACRE-FEET.—The term ‘‘acre-feet’’ means 

9 acre-feet of water per year. 


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1 (2) AAMODT CASE.—The term ‘‘Aamodt Case’’ 

2 means the civil action entitled State of New Mexico, 

3 ex rel. State Engineer and United States of Amer4 ica, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo 

5 de San Ildefonso, and Pueblo de Tesuque v. R. Lee 

6 Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). 

7 (3) AUTHORITY.—The term ‘‘Authority’’ means 

8 the Pojoaque Basin Regional Water Authority de9 scribed in section 9.5 of the Settlement Agreement 

10 or an alternate entity acceptable to the Pueblos and 

11 the County to operate and maintain the diversion 

12 and treatment facilities, certain transmission pipe13 lines, and other facilities of the Regional Water Sys14 tem. 

15 (4) BISHOP’S LODGE EXTENSION.—The term 

16 ‘‘Bishop’s Lodge Extension’’ has the meaning given 

17 the term in the Engineering Report. 

18 (5) CITY.—The term ‘‘City’’ means the city of 

19 Santa Fe, New Mexico. 

20 (6) COST-SHARING AND SYSTEM INTEGRATION

21 AGREEMENT.—The term ‘‘Cost-Sharing and System 

22 Integration Agreement’’ means the agreement exe23 cuted by the United States, the State, the Pueblos, 

24 the County, and the City that— 


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1 (A) describes the location, capacity, and 

2 management (including the distribution of 

3 water to customers) of the Regional Water Sys4 tem; and 

5 (B) allocates the costs of the Regional 

6 Water System with respect to— 

7 (i) the construction, operation, main8 tenance, and repair of the Regional Water 

9 System; 

10 (ii) rights-of-way for the Regional 

11 Water System; and 

12 (iii) the acquisition of water rights. 

13 (7) COUNTY.—The term ‘‘County’’ means 

14 Santa Fe County, New Mexico. 

15 (8) COUNTY DISTRIBUTION SYSTEM.—The term 

16 ‘‘County Distribution System’’ means the portion of 

17 the Regional Water System that serves water cus18 tomers on non-Pueblo land in the Pojoaque Basin. 

19 (9) COUNTY WATER UTILITY.—The term 

20 ‘‘County Water Utility’’ means the water utility or21 ganized by the County to— 

22 (A) receive water distributed by the Au23 thority; and 


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1 (B) provide the water received under sub2 paragraph (A) to customers on non-Pueblo land 

3 in the Pojoaque Basin. 

4 (10) ENGINEERING REPORT.—The term ‘‘Engi5 neering Report’’ means the report entitled 

6 ‘‘Pojoaque Regional Water System Engineering Re7 port’’ and dated April 2007 and any amendments 

8 thereto. 

9 (11) FUND.—The term ‘‘Fund’’ means the 

10 Aamodt Settlement Pueblos’ Fund established by 

11 section 115(a). 

12 (12) OPERATING AGREEMENT.—The term ‘‘Op13 erating Agreement’’ means the agreement between 

14 the Pueblos and the County executed under section 

15 112(a). 

16 (13) OPERATIONS, MAINTENANCE, AND RE17 PLACEMENT COSTS.— 

18 (A) IN GENERAL.—The term ‘‘operations, 

19 maintenance, and replacement costs’’ means all 

20 costs for the operation of the Regional Water 

21 System that are necessary for the safe, effi22 cient, and continued functioning of the Regional 

23 Water System to produce the benefits described 

24 in the Settlement Agreement. 


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1 (B) EXCLUSION.—The term ‘‘operations, 

2 maintenance, and replacement costs’’ does not 

3 include construction costs or costs related to 

4 construction design and planning. 

5 (14) POJOAQUE BASIN.— 

6 (A) IN GENERAL.—The term ‘‘Pojoaque 

7 Basin’’ means the geographic area limited by a 

8 surface water divide (which can be drawn on a 

9 topographic map), within which area rainfall 

10 and runoff flow into arroyos, drainages, and 

11 named tributaries that eventually drain to— 

12 (i) the Rio Pojoaque; or 

13 (ii) the 2 unnamed arroyos imme14 diately south; and 

15 (iii) 2 arroyos (including the Arroyo 

16 Alamo) that are north of the confluence of 

17 the Rio Pojoaque and the Rio Grande. 

18 (B) INCLUSION.—The term ‘‘Pojoaque 

19 Basin’’ includes the San Ildefonso Eastern Res20 ervation recognized by section 8 of Public Law 

21 87–231 (75 Stat. 505). 

22 (15) PUEBLO.—The term ‘‘Pueblo’’ means each 

23 of the pueblos of Nambe, Pojoaque, San Ildefonso, 

24 or Tesuque. 


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1 (16) PUEBLOS.—The term ‘‘Pueblos’’ means 

2 collectively the Pueblos of Nambe, Pojoaque, San 

3 Ildefonso, and Tesuque. 

4 (17) PUEBLO LAND.—The term ‘‘Pueblo land’’ 

5 means any real property that is— 

6 (A) held by the United States in trust for 

7 a Pueblo within the Pojoaque Basin; 

8 (B)(i) owned by a Pueblo within the 

9 Pojoaque Basin before the date on which a 

10 court approves the Settlement Agreement; or 

11 (ii) acquired by a Pueblo on or after the 

12 date on which a court approves the Settlement 

13 Agreement, if the real property is located— 

14 (I) within the exterior boundaries of 

15 the Pueblo, as recognized and conformed 

16 by a patent issued under the Act of De17 cember 22, 1858 (11 Stat. 374, chapter 

18 V); or 

19 (II) within the exterior boundaries of 

20 any territory set aside for the Pueblo by 

21 law, executive order, or court decree; 

22 (C) owned by a Pueblo or held by the 

23 United States in trust for the benefit of a 

24 Pueblo outside the Pojoaque Basin that is lo25 cated within the exterior boundaries of the 


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1 Pueblo as recognized and confirmed by a patent 

2 issued under the Act of December 22, 1858 (11 

3 Stat. 374, chapter V); or 

4 (D) within the exterior boundaries of any 

5 real property located outside the Pojoaque 

6 Basin set aside for a Pueblo by law, executive 

7 order, or court decree, if the land is within or 

8 contiguous to land held by the United States in 

9 trust for the Pueblo as of January 1, 2005. 

10 (18) PUEBLO WATER FACILITY.— 

11 (A) IN GENERAL.—The term ‘‘Pueblo 

12 Water Facility’’ means— 

13 (i) a portion of the Regional Water 

14 System that serves only water customers 

15 on Pueblo land; and 

16 (ii) portions of a Pueblo water system 

17 in existence on the date of enactment of 

18 this Act that serve water customers on 

19 non-Pueblo land, also in existence on the 

20 date of enactment of this Act, or their suc21 cessors, that are— 

22 (I) depicted in the final project 

23 design, as modified by the drawings 

24 reflecting the completed Regional 

25 Water System; and 


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1 (II) described in the Operating 

2 Agreement. 

3 (B) INCLUSIONS.—The term ‘‘Pueblo 

4 Water Facility’’ includes— 

5 (i) the barrier dam and infiltration 

6 project on the Rio Pojoaque described in 

7 the Engineering Report; and 

8 (ii) the Tesuque Pueblo infiltration 

9 pond described in the Engineering Report. 

10 (19) REGIONAL WATER SYSTEM.— 

11 (A) IN GENERAL.—The term ‘‘Regional 

12 Water System’’ means the Regional Water Sys13 tem described in section 111(a). 

14 (B) EXCLUSIONS.—The term ‘‘Regional 

15 Water System’’ does not include the County or 

16 Pueblo water supply delivered through the Re17 gional Water System. 

18 (20) SAN JUAN-CHAMA PROJECT.—The term 

19 ‘‘San Juan-Chama Project’’ means the Project au20 thorized by section 8 of the Act of June 13, 1962 

21 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 

22 Stat. 105). 

23 (21) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of the Interior. 


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1 (22) SETTLEMENT AGREEMENT.—The term 

2 ‘‘Settlement Agreement’’ means the stipulated and 

3 binding agreement among the State, the Pueblos, 

4 the United States, the County, and the City dated 

5 January 19, 2006, and signed by all of the govern6 ment parties to the Settlement Agreement (other 

7 than the United States) on May 3, 2006, and as 

8 amended in conformity with this Act. 

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

10 State of New Mexico. 

11 Subtitle A—Pojoaque Basin 

12 Regional Water System 

13 SEC. 111. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

14 (a) IN GENERAL.—The Secretary, acting through the 

15 Commissioner of Reclamation, shall plan, design, and con16 struct a regional water system in accordance with the Set17 tlement Agreement, to be known as the ‘‘Regional Water 

18 System’’— 

19 (1) to divert and distribute water to the Pueb20 los and to the County Water Utility, in accordance 

21 with the Engineering Report; and 

22 (2) that consists of— 

23 (A) surface water diversion facilities at 

24 San Ildefonso Pueblo on the Rio Grande; and 


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1 (B) any treatment, transmission, storage 

2 and distribution facilities and wellfields for the 

3 County Distribution System and Pueblo Water 

4 Facilities that are necessary to supply a min5 imum of 4,000 acre-feet of water within the 

6 Pojoaque Basin, in accordance with the Engi7 neering Report. 

8 (b) FINAL PROJECT DESIGN.—The Secretary shall 

9 issue a final project design within 90 days of completion 

10 of the environmental compliance described in section 116 

11 for the Regional Water System that— 

12 (1) is consistent with the Engineering Report; 

13 and 

14 (2) includes a description of any Pueblo Water 

15 Facilities. 

16 (c) ACQUISITION OF LAND; WATER RIGHTS.— 

17 (1) ACQUISITION OF LAND.—Upon request, and 

18 in exchange for the funding which shall be provided 

19 in section 117(c), the Pueblos shall consent to the 

20 grant of such easements and rights-of-way as may 

21 be necessary for the construction of the Regional 

22 Water System at no cost to the Secretary. To the 

23 extent that the State or County own easements or 

24 rights-of-way that may be used for construction of 

25 the Regional Water System, the State or County 


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1 shall provide that land or interest in land as nec2 essary for construction at no cost to the Secretary. 

3 The Secretary shall acquire any other land or inter4 est in land that is necessary for the construction of 

5 the Regional Water System with the exception of the 

6 Bishop’s Lodge Extension. 

7 (2) WATER RIGHTS.—The Secretary shall not 

8 condemn water rights for purposes of the Regional 

9 Water System. 

10 (d) CONDITIONS FOR CONSTRUCTION.— 

11 (1) IN GENERAL.—The Secretary shall not 

12 begin construction of the Regional Water System fa13 cilities until the date on which— 

14 (A) the Secretary executes— 

15 (i) the Settlement Agreement; and 

16 (ii) the Cost-Sharing and System In17 tegration Agreement; and 

18 (B) the State and the County have entered 

19 into an agreement with the Secretary to con20 tribute the non-Federal share of the costs of the 

21 construction in accordance with the Cost-Shar22 ing and System Integration Agreement. 

23 (e) APPLICABLE LAW.—The Indian Self-Determina24 tion and Education Assistance Act (25 U.S.C. 450 et seq.) 


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1 shall not apply to the design and construction of the Re2 gional Water System. 

3 (f) CONSTRUCTION COSTS.— 

4 (1) PUEBLO WATER FACILITIES.—The costs of 

5 constructing the Pueblo Water Facilities, as deter6 mined by the final project design and the Engineer7 ing Report— 

8 (A) shall be at full Federal expense subject 

9 to the amount authorized in section 117(a)(1); 

10 and 

11 (B) shall be nonreimbursable to the United 

12 States. 

13 (2) COUNTY DISTRIBUTION SYSTEM.—The costs 

14 of constructing the County Distribution System shall 

15 be at State and local expense. 

16 (g) STATE AND LOCAL CAPITAL OBLIGATIONS.—The 

17 State and local capital obligations for the Regional Water 

18 System described in the Cost-Sharing and System Integra19 tion Agreement shall be satisfied on the payment of the 

20 State and local capital obligations described in the Cost21 Sharing and System Integration Agreement. 

22 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA23 CILITIES.— 

24 (1) IN GENERAL.—Subject to paragraph (2), on 

25 completion of the construction of the Regional Water 


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1 System (other than the Bishop’s Lodge Extension if 

2 construction of the Bishop’s Lodge Extension is de3 ferred pursuant to the Cost-Sharing and System In4 tegration Agreement), the Secretary, in accordance 

5 with the Operating Agreement, shall convey to— 

6 (A) each Pueblo the portion of any Pueblo 

7 Water Facility that is located within the bound8 aries of the Pueblo, including any land or inter9 est in land located within the boundaries of the 

10 Pueblo that is acquired by the United States 

11 for the construction of the Pueblo Water Facil12 ity; 

13 (B) the County the County Distribution 

14 System, including any land or interest in land 

15 acquired by the United States for the construc16 tion of the County Distribution System; and 

17 (C) the Authority any portions of the Re18 gional Water System that remain after making 

19 the conveyances under subparagraphs (A) and 

20 (B), including any land or interest in land ac21 quired by the United States for the construc22 tion of the portions of the Regional Water Sys23 tem. 

24 (2) CONDITIONS FOR CONVEYANCE.—The Sec25 retary shall not convey any portion of the Regional 


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1 Water System facilities under paragraph (1) until 

2 the date on which— 

3 (A) construction of the Regional Water 

4 System (other than the Bishop’s Lodge Exten5 sion if construction of the Bishop’s Lodge Ex6 tension is deferred pursuant to the Cost-Shar7 ing and System Integration Agreement) is com8 plete; and 

9 (B) the Operating Agreement is executed 

10 in accordance with section 112. 

11 (3) SUBSEQUENT CONVEYANCE.—On convey12 ance by the Secretary under paragraph (1), the 

13 Pueblos, the County, and the Authority shall not re14 convey any portion of the Regional Water System 

15 conveyed to the Pueblos, the County, and the Au16 thority, respectively, unless the reconveyance is au17 thorized by an Act of Congress enacted after the 

18 date of enactment of this Act. 

19 (4) INTEREST OF THE UNITED STATES.—On 

20 conveyance of a portion of the Regional Water Sys21 tem under paragraph (1), the United States shall 

22 have no further right, title, or interest in and to the 

23 portion of the Regional Water System conveyed. 

24 (5) ADDITIONAL CONSTRUCTION.—On convey25 ance of a portion of the Regional Water System 


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1 under paragraph (1), the Pueblos, County, or the 

2 Authority, as applicable, may, at the expense of the 

3 Pueblos, County, or the Authority, construct any ad4 ditional infrastructure that is necessary to fully use 

5 the water delivered by the Regional Water System. 

6 (6) LIABILITY.— 

7 (A) IN GENERAL.—Effective on the date of 

8 conveyance of any land or facility under this 

9 section, the United States shall not be held lia10 ble by any court for damages of any kind aris11 ing out of any act, omission, or occurrence re12 lating to the land and facilities conveyed, other 

13 than damages caused by acts of negligence by 

14 the United States, or by employees or agents of 

15 the United States, prior to the date of convey16 ance. 

17 (B) TORT CLAIMS.—Nothing in this sec18 tion increases the liability of the United States 

19 beyond the liability provided in chapter 171 of 

20 title 28, United States Code (commonly known 

21 as the ‘‘Federal Tort Claims Act’’). 

22 (7) EFFECT.—Nothing in any transfer of own23 ership provided or any conveyance thereto as pro24 vided in this section shall extinguish the right of any 

25 Pueblo, the County, or the Regional Water AuthorVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 ity to the continuous use and benefit of each ease2 ment or right of way for the use, operation, mainte3 nance, repair, and replacement of Pueblo Water Fa4 cilities, the County Distribution System or the Re5 gional Water System or for wastewater purposes as 

6 provided in the Cost-Sharing and System Integra7 tion Agreement. 

8 SEC. 112. OPERATING AGREEMENT. 

9 (a) IN GENERAL.—The Pueblos and the County shall 

10 submit to the Secretary an executed Operating Agreement 

11 for the Regional Water System that is consistent with this 

12 Act, the Settlement Agreement, and the Cost-Sharing and 

13 System Integration Agreement not later than 180 days 

14 after the later of— 

15 (1) the date of completion of environmental 

16 compliance and permitting; or 

17 (2) the date of issuance of a final project design 

18 for the Regional Water System under section 

19 111(b). 

20 (b) APPROVAL.—Not later than 180 days after re21 ceipt of the operating agreement described in subsection 

22 (a), the Secretary shall approve the Operating Agreement 

23 upon determination that the Operating Agreement is con24 sistent with this Act, the Settlement Agreement, and the 

25 Cost-Sharing and System Integration Agreement. 


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1 (c) CONTENTS.—The Operating Agreement shall in2 clude— 

3 (1) provisions consistent with the Settlement 

4 Agreement and the Cost-Sharing and System Inte5 gration Agreement and necessary to implement the 

6 intended benefits of the Regional Water System de7 scribed in those documents; 

8 (2) provisions for— 

9 (A) the distribution of water conveyed 

10 through the Regional Water System, including 

11 a delineation of— 

12 (i) distribution lines for the County 

13 Distribution System; 

14 (ii) distribution lines for the Pueblo 

15 Water Facilities; and 

16 (iii) distribution lines that serve 

17 both— 

18 (I) the County Distribution Sys19 tem; and 

20 (II) the Pueblo Water Facilities; 

21 (B) the allocation of the Regional Water 

22 System capacity; 

23 (C) the terms of use of unused water ca24 pacity in the Regional Water System; 


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1 (D) the construction of additional infra2 structure and the acquisition of associated 

3 rights-of-way or easements necessary to enable 

4 any of the Pueblos or the County to fully use 

5 water allocated to the Pueblos or the County 

6 from the Regional Water System, including pro7 visions addressing when the construction of 

8 such additional infrastructure requires approval 

9 by the Authority; 

10 (E) the allocation and payment of annual 

11 operation, maintenance, and replacement costs 

12 for the Regional Water System, including the 

13 portions of the Regional Water System that are 

14 used to treat, transmit, and distribute water to 

15 both the Pueblo Water Facilities and the Coun16 ty Water Utility; 

17 (F) the operation of wellfields located on 

18 Pueblo land; 

19 (G) the transfer of any water rights nec20 essary to provide the Pueblo water supply de21 scribed in section 113(a); 

22 (H) the operation of the Regional Water 

23 System with respect to the water supply, includ24 ing the allocation of the water supply in accord25 ance with section 3.1.8.4.2 of the Settlement 


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1 Agreement so that, in the event of a shortage 

2 of supply to the Regional Water System, the 

3 supply to each of the Pueblos’ and to the Coun4 ty’s distribution system shall be reduced on a 

5 prorata basis, in proportion to each distribution 

6 system’s most current annual use; and 

7 (I) dispute resolution; and 

8 (3) provisions for operating and maintaining 

9 the Regional Water System facilities before and 

10 after conveyance under section 111(h), including 

11 provisions to— 

12 (A) ensure that— 

13 (i) the operation of, and the diversion 

14 and conveyance of water by, the Regional 

15 Water System is in accordance with the 

16 Settlement Agreement; 

17 (ii) the wells in the Regional Water 

18 System are used in conjunction with the 

19 surface water supply of the Regional 

20 Water System to ensure a reliable firm 

21 supply of water to all users of the Regional 

22 Water System, consistent with the intent 

23 of the Settlement Agreement that surface 

24 supplies will be used to the maximum ex25 tent feasible; 


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1 (iii) the respective obligations regard2 ing delivery, payment, operation, and man3 agement are enforceable; and 

4 (iv) the County has the right to serve 

5 any new water users located on non-Pueblo 

6 land in the Pojoaque Basin; and 

7 (B) allow for any aquifer storage and re8 covery projects that are approved by the Office 

9 of the New Mexico State Engineer. 

10 (d) EFFECT.—Nothing in this title precludes the Op11 erating Agreement from authorizing phased or interim op12 erations if the Regional Water System is constructed in 

13 phases. 

14 SEC. 113. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

15 THE REGIONAL WATER SYSTEM. 

16 (a) IN GENERAL.—For the purpose of providing a 

17 reliable firm supply of water from the Regional Water Sys18 tem for the Pueblos in accordance with the Settlement 

19 Agreement, the Secretary, on behalf of the Pueblos, 

20 shall— 

21 (1) acquire water rights to— 

22 (A) 302 acre-feet of Nambe reserved water 

23 described in section 2.6.2 of the Settlement 

24 Agreement pursuant to section 117(c)(1)(C); 

25 and 


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1 (B) 1141 acre-feet from water acquired by 

2 the County for water rights commonly referred 

3 to as ‘‘Top of the World’’ rights in the Aamodt 

4 case; 

5 (2) make available 1079 acre-feet to the Pueb6 los pursuant to a contract entered into among the 

7 Pueblos and the Secretary in accordance with sec8 tion 11 of the Act of June 13, 1962 (76 Stat. 96, 

9 97) (San Juan-Chama Project Act), under water 

10 rights held by the Secretary; and 

11 (3) by application to the State Engineer, obtain 

12 approval to divert the water acquired and made 

13 available under paragraphs (1) and (2) at the points 

14 of diversion for the Regional Water System, con15 sistent with the Settlement Agreement and the Cost16 Sharing and System Integration Agreement. 

17 (b) FORFEITURE.—The nonuse of the water supply 

18 secured by the Secretary for the Pueblos under subsection 

19 (a) shall in no event result in forfeiture, abandonment, re20 linquishment, or other loss thereof. 

21 (c) TRUST.—The Pueblo water supply secured under 

22 subsection (a) shall be held by the United States in trust 

23 for the Pueblos. 

24 (d) CONTRACT FOR SAN JUAN-CHAMA PROJECT

25 WATER SUPPLY.—With respect to the contract for the 


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1 water supply required by subsection (a)(2), such San 

2 Juan-Chama Project contract shall be pursuant to the fol3 lowing terms: 

4 (1) WAIVERS.—Notwithstanding the provisions 

5 of the Act of June 13, 1962 (76 Stat, 96, 97), or 

6 any other provision of law— 

7 (A) the Secretary shall waive the entirety 

8 of the Pueblos’ share of the construction costs 

9 for the San Juan-Chama Project, and pursuant 

10 to that waiver, the Pueblos’ share of all con11 struction costs for the San Juan-Chama 

12 Project, inclusive of both principal and interest, 

13 due from 1972 to the execution of the contract 

14 required by subsection (a)(2), shall be non15 reimbursable; 

16 (B) the Secretary’s waiver of each Pueblo’s 

17 share of the construction costs for the San 

18 Juan-Chama Project will not result in an in19 crease in the pro rata shares of other San 

20 Juan-Chama Project water contractors, but 

21 such costs shall be absorbed by the United 

22 States Treasury or otherwise appropriated to 

23 the Department of the Interior; and 

24 (C) the costs associated with any water 

25 made available from the San Juan-Chama 


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1 Project which were determined nonreimbursable 

2 and nonreturnable pursuant to Public Law No. 

3 88–293, 78 Stat. 171 (March 26, 1964) shall 

4 remain nonreimbursable and nonreturnable. 

5 (2) TERMINATION.—The contract shall provide 

6 that it shall terminate only upon the following condi7 tions— 

8 (A) failure of the United States District 

9 Court for the District of New Mexico to enter 

10 a final decree for the Aamodt case by December 

11 15, 2012, or within the time period of any ex12 tension of that deadline granted by the court; 

13 or 

14 (B) entry of an order by the United States 

15 District Court for the District of New Mexico 

16 voiding the final decree and Settlement Agree17 ment for the Aamodt case pursuant to section 

18 10.3 of the Settlement Agreement. 

19 (e) LIMITATION.—The Secretary shall use the water 

20 supply secured under subsection (a) only for the purposes 

21 described in the Settlement Agreement. 

22 (f) FULFILLMENT OF WATER SUPPLY ACQUISITION

23 OBLIGATIONS.—Compliance with subsections (a) through 

24 (e) shall satisfy any and all obligations of the Secretary 


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1 to acquire or secure a water supply for the Pueblos pursu2 ant to the Settlement Agreement. 

3 (g) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE4 MENT UNAFFECTED.—Notwithstanding the provisions of 

5 subsections (a) through (f), the Pueblos, the County or 

6 the Regional Water Authority may acquire any additional 

7 water rights to ensure all parties to the Settlement Agree8 ment receive the full allocation of water provided by the 

9 Settlement Agreement and nothing in this Act amends or 

10 modifies the quantities of water allocated to the Pueblos 

11 thereunder. 

12 SEC. 114. DELIVERY AND ALLOCATION OF REGIONAL 

13 WATER SYSTEM CAPACITY AND WATER. 

14 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA15 PACITY.— 

16 (1) IN GENERAL.—The Regional Water System 

17 shall have the capacity to divert from the Rio 

18 Grande a quantity of water sufficient to provide— 

19 (A) 4,000 acre-feet of consumptive use of 

20 water; and 

21 (B) the requisite peaking capacity de22 scribed in— 

23 (i) the Engineering Report; and 

24 (ii) the final project design. 


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1 (2) ALLOCATION TO THE PUEBLOS AND COUN2 TY WATER UTILITY.—Of the capacity described in 

3 paragraph (1)— 

4 (A) there shall be allocated to the Pueb5 los— 

6 (i) sufficient capacity for the convey7 ance of 2,500 acre-feet consumptive use; 

8 and 

9 (ii) the requisite peaking capacity for 

10 the quantity of water described in clause 

11 (i); and 

12 (B) there shall be allocated to the County 

13 Water Utility— 

14 (i) sufficient capacity for the convey15 ance of 1,500 acre-feet consumptive use; 

16 and 

17 (ii) the requisite peaking capacity for 

18 the quantity of water described in clause 

19 (i). 

20 (3) APPLICABLE LAW.—Water shall be allo21 cated to the Pueblos and the County Water Utility 

22 under this subsection in accordance with— 

23 (A) this title; 

24 (B) the Settlement Agreement; and 

25 (C) the Operating Agreement. 


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1 (b) DELIVERY OF REGIONAL WATER SYSTEM

2 WATER.—The Authority shall deliver water from the Re3 gional Water System— 

4 (1) to the Pueblos water in a quantity sufficient 

5 to allow full consumptive use of up to 2,500 acre6 feet rights by the Pueblos in accordance with— 

7 (A) the Settlement Agreement; 

8 (B) the Operating Agreement; and 

9 (C) this Title; and 

10 (2) to the County water in a quantity sufficient 

11 to allow full consumptive use of up to 1,500 acre12 feet per year of water rights by the County Water 

13 Utility in accordance with— 

14 (A) the Settlement Agreement; 

15 (B) the Operating Agreement; and 

16 (C) this title. 

17 (c) ADDITIONAL USE OF ALLOCATION QUANTITY

18 AND UNUSED CAPACITY.—The Regional Water System 

19 may be used to— 

20 (1) provide for use of return flow credits to 

21 allow for full consumptive use of the water allocated 

22 in the Settlement Agreement to each of the Pueblos 

23 and to the County; and 

24 (2) convey water allocated to one of the Pueblos 

25 or the County Water Utility for the benefit of anVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 other Pueblo or the County Water Utility or allow 

2 use of unused capacity by each other through the 

3 Regional Water System in accordance with an inter4 governmental agreement between the Pueblos, or be5 tween a Pueblo and County Water Utility, as appli6 cable, if— 

7 (A) such intergovernmental agreements are 

8 consistent with the Operating Agreement, the 

9 Settlement Agreement and this Act; 

10 (B) capacity is available without reducing 

11 water delivery to any Pueblo or the County 

12 Water Utility in accordance with the Settlement 

13 Agreement, unless the County Water Utility or 

14 Pueblo contracts for a reduction in water deliv15 ery or Regional Water System capacity; 

16 (C) the Pueblo or County Water Utility 

17 contracting for use of the unused capacity or 

18 water has the right to use the water under ap19 plicable law; and 

20 (D) any agreement for the use of unused 

21 capacity or water provides for payment of the 

22 operation, maintenance, and replacement costs 

23 associated with the use of capacity or water. 


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1 SEC. 115. AAMODT SETTLEMENT PUEBLOS’ FUND. 

2 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

3 PUEBLOS’ FUND.—There is established in the Treasury 

4 of the United States a fund, to be known as the ‘‘Aamodt 

5 Settlement Pueblos’ Fund,’’ consisting of— 

6 (1) such amounts as are made available to the 

7 Fund under section 117(c); and 

8 (2) any interest earned from investment of 

9 amounts in the Fund under subsection (b). 

10 (b) MANAGEMENT OF THE FUND.—The Secretary 

11 shall manage the Fund, invest amounts in the Fund, and 

12 make amounts available from the Fund for distribution 

13 to the Pueblos in accordance with— 

14 (1) the American Indian Trust Fund Manage15 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

16 and 

17 (2) this title. 

18 (c) INVESTMENT OF THE FUND.—The Secretary 

19 shall invest amounts in the Fund in accordance with— 

20 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

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

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

23 (3) the American Indian Trust Fund Manage24 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

25 (d) TRIBAL MANAGEMENT PLAN.— 


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1 (1) IN GENERAL.—A Pueblo may withdraw all 

2 or part of the Pueblo’s portion of the Fund on ap3 proval by the Secretary of a tribal management plan 

4 as described in the American Indian Trust Fund 

5 Management Reform Act of 1994 (25 U.S.C. 4001 

6 et seq.). 

7 (2) REQUIREMENTS.—In addition to the re8 quirements under the American Indian Trust Fund 

9 Management Reform Act of 1994 (25 U.S.C. 4001 

10 et seq.), the tribal management plan shall require 

11 that a Pueblo spend any amounts withdrawn from 

12 the Fund in accordance with the purposes described 

13 in section 117(c). 

14 (3) ENFORCEMENT.—The Secretary may take 

15 judicial or administrative action to enforce the provi16 sions of any tribal management plan to ensure that 

17 any amounts withdrawn from the Fund under an 

18 approved tribal management plan are used in ac19 cordance with this title. 

20 (4) LIABILITY.—If a Pueblo or the Pueblos ex21 ercise the right to withdraw amounts from the 

22 Fund, neither the Secretary nor the Secretary of the 

23 Treasury shall retain any liability for the expendi24 ture or investment of the amounts withdrawn. 

25 (5) EXPENDITURE PLAN.— 


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1 (A) IN GENERAL.—The Pueblos shall sub2 mit to the Secretary for approval an expendi3 ture plan for any portion of the amounts in the 

4 Fund that the Pueblos do not withdraw under 

5 this subsection. 

6 (B) DESCRIPTION.—The expenditure plan 

7 shall describe the manner in which, and the 

8 purposes for which, amounts remaining in the 

9 Fund will be used. 

10 (C) APPROVAL.—On receipt of an expendi11 ture plan under subparagraph (A), the Sec12 retary shall approve the plan if the Secretary 

13 determines that the plan is reasonable and con14 sistent with this title, the Settlement Agree15 ment, and the Cost-Sharing and System Inte16 gration Agreement. 

17 (D) ANNUAL REPORT.—The Pueblos shall 

18 submit to the Secretary an annual report that 

19 describes all expenditures from the Fund during 

20 the year covered by the report. 

21 (6) NO PER CAPITA PAYMENTS.—No part of 

22 the principal of the Fund, or the interest or income 

23 accruing on the principal shall be distributed to any 

24 member of a Pueblo on a per capita basis. 


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1 (7) AVAILABILITY OF AMOUNTS FROM THE

2 FUND.— 

3 (A) APPROVAL OF SETTLEMENT AGREE4 MENT.—Amounts made available under sub5 paragraphs (A) and (C) of section 117(c)(1) 

6 shall be available for expenditure or withdrawal 

7 only after the date on which the United States 

8 District Court for the District of New Mexico 

9 issues an order approving the Settlement Agree10 ment. 

11 (B) COMPLETION OF CERTAIN PORTIONS

12 OF REGIONAL WATER SYSTEM.—Amounts made 

13 available under section 117(c)(1)(B) shall be 

14 available for expenditure or withdrawal only 

15 after those portions of the Regional Water Sys16 tem described in section 1.5.24 of the Settle17 ment Agreement have been declared substan18 tially complete by the Secretary. 

19 (C) FAILURE TO FULFILL CONDITIONS

20 PRECEDENT.—If the conditions precedent in 

21 section 123 have not been fulfilled by June 30, 

22 2016, the United States shall be entitled to set 

23 off any funds expended or withdrawn from the 

24 amounts appropriated pursuant to section 

25 117(c), together with any interest accrued, 


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1 against any claims asserted by the Pueblos 

2 against the United States relating to the water 

3 rights in the Pojoaque Basin. 

4 SEC. 116. ENVIRONMENTAL COMPLIANCE. 

5 (a) IN GENERAL.—In carrying out this subtitle, the 

6 Secretary shall comply with each law of the Federal Gov7 ernment relating to the protection of the environment, in8 cluding— 

9 (1) the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.); and 

11 (2) the Endangered Species Act of 1973 (16 

12 U.S.C. 1531 et seq.). 

13 (b) NATIONAL ENVIRONMENTAL POLICY ACT.— 

14 Nothing in this title affects the outcome of any analysis 

15 conducted by the Secretary or any other Federal official 

16 under the National Environmental Policy Act of 1969 (42 

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

18 SEC. 117. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) REGIONAL WATER SYSTEM.— 

20 (1) IN GENERAL.—Subject to paragraph (4), 

21 there is authorized to be appropriated to the Sec22 retary for the planning, design, and construction of 

23 the Regional Water System and the conduct of envi24 ronmental compliance activities under section 116 a 


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1 total of $106,400,000 between fiscal years 2009 and 

2 2021. 

3 (2) PRIORITY OF FUNDING.—Of the amounts 

4 authorized under paragraph (1), the Secretary shall 

5 give priority to funding— 

6 (A) the construction of the San Ildefonso 

7 portion of the Regional Water System, con8 sisting of— 

9 (i) the surface water diversion, treat10 ment, and transmission facilities at San 

11 Ildefonso Pueblo; and 

12 (ii) the San Ildefonso Pueblo portion 

13 of the Pueblo Water Facilities; and 

14 (B) that part of the Regional Water Sys15 tem providing 475 acre-feet to Pojoaque Pueblo 

16 pursuant to section 2.2 of the Settlement 

17 Agreement. 

18 (3) ADJUSTMENT.—The amount authorized 

19 under paragraph (1) shall be adjusted annually to 

20 account for increases in construction costs since Oc21 tober 1, 2006, as determined using applicable engi22 neering cost indices. 

23 (4) LIMITATIONS.— 

24 (A) IN GENERAL.—No amounts shall be 

25 made available under paragraph (1) for the 


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1 construction of the Regional Water System 

2 until the date on which the United States Dis3 trict Court for the District of New Mexico 

4 issues an order approving the Settlement Agree5 ment. 

6 (B) RECORD OF DECISION.—No amounts 

7 made available under paragraph (1) shall be ex8 pended unless the record of decision issued by 

9 the Secretary after completion of an environ10 mental impact statement provides for a pre11 ferred alternative that is in substantial compli12 ance with the proposed Regional Water System, 

13 as defined in the Engineering Report. 

14 (b) ACQUISITION OF WATER RIGHTS.—There is au15 thorized to be appropriated to the Secretary funds for the 

16 acquisition of the water rights under section 

17 113(a)(1)(B)— 

18 (1) in the amount of $5,400,000.00 if such ac19 quisition is completed by December 31, 2009; and 

20 (2) the amount authorized under paragraph 

21 (b)(1) shall be adjusted according to the CPI Urban 

22 Index commencing January 1, 2010. 

23 (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to the Fund the following amounts for 

3 the period of fiscal years 2009 through 2021: 

4 (A) $8,000,000, which shall be allocated to 

5 the Pueblos, in accordance with section 2.7.1 of 

6 the Settlement Agreement, for the rehabilita7 tion, improvement, operation, maintenance, and 

8 replacement of the agricultural delivery facili9 ties, waste water systems, and other water-re10 lated infrastructure of the applicable Pueblo. 

11 The amount authorized herein shall be adjusted 

12 according to the CPI Urban Index commencing 

13 October 1, 2006. 

14 (B) $37,500,000, which shall be allocated 

15 to an account, to be established not later than 

16 January 1, 2016, to assist the Pueblos in pay17 ing the Pueblos’ share of the cost of operating, 

18 maintaining, and replacing the Pueblo Water 

19 Facilities and the Regional Water System. 

20 (C) $5,000,000 and any interest thereon, 

21 which shall be allocated to the Pueblo of Nambe ́

22 for the acquisition of the Nambe ́ reserved water 

23 rights in accordance with section 113(a)(1)(A). 

24 The amount authorized herein shall be adjusted 

25 according to the CPI Urban Index commencing 


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1 January 1, 2011. The funds provided under 

2 this section may be used by the Pueblo of 

3 Nambe ́ only for the acquisition of land, other 

4 real property interests, or economic develop5 ment. 

6 (2) OPERATION, MAINTENANCE, AND REPLACE7 MENT COSTS.— 

8 (A) IN GENERAL.—Prior to conveyance of 

9 the Regional Water System pursuant to section 

10 111, the Secretary shall pay any operation, 

11 maintenance or replacement costs associated 

12 with the Pueblo Water Facilities or the Re13 gional Water System up to an amount that does 

14 not exceed $5,000,000, which is authorized to 

15 be appropriated to the Secretary. 

16 (B) OBLIGATION OF THE FEDERAL GOV17 ERNMENT AFTER COMPLETION.—Except as 

18 provided in section 113(a)(4)(B), after con19 struction of the Regional Water System is com20 pleted and the amounts required to be deposited 

21 in the account have been deposited under this 

22 section the Federal Government shall have no 

23 obligation to pay for the operation, mainte24 nance, and replacement costs of the Regional 

25 Water System. 


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1 Subtitle B—Pojoaque Basin Indian 

2 Water Rights Settlement 

3 SEC. 121. SETTLEMENT AGREEMENT AND CONTRACT AP4 PROVAL. 

5 (a) APPROVAL.—To the extent the Settlement Agree6 ment and the Cost-Sharing and System Integration Agree7 ment do not conflict with this title, the Settlement Agree8 ment and the Cost-Sharing and System Integration Agree9 ment (including any amendments to the Settlement Agree10 ment and the Cost-Sharing and System Integration Agree11 ment that are executed to make the Settlement Agreement 

12 or the Cost-Sharing and System Integration Agreement 

13 consistent with this title) are authorized, ratified, and con14 firmed. 

15 (b) EXECUTION.—To the extent the Settlement 

16 Agreement and the Cost-Sharing and System Integration 

17 Agreement do not conflict with this title, the Secretary 

18 shall execute the Settlement Agreement and the Cost19 Sharing and System Integration Agreement (including 

20 any amendments that are necessary to make the Settle21 ment Agreement or the Cost-Sharing and System Integra22 tion Agreement consistent with this title). 

23 (c) AUTHORITIES OF THE PUEBLOS.— 

24 (1) IN GENERAL.—Each of the Pueblos may 

25 enter into contracts to lease or exchange water 


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1 rights or to forbear undertaking new or expanded 

2 water uses for water rights recognized in section 2.1 

3 of the Settlement Agreement for use within the 

4 Pojoaque Basin in accordance with the other limita5 tions of section 2.1.5 of the Settlement Agreement 

6 provided that section 2.1.5 is amended accordingly. 

7 (2) EXECUTION.—The Secretary shall not exe8 cute the Settlement Agreement until such amend9 ment is accomplished under paragraph (1). 

10 (3) APPROVAL BY SECRETARY.—Consistent 

11 with the Settlement Agreement as amended under 

12 paragraph (1), the Secretary shall approve or dis13 approve a lease entered into under paragraph (1). 

14 (4) PROHIBITION ON PERMANENT ALIEN15 ATION.—No lease or contract under paragraph (1) 

16 shall be for a term exceeding 99 years, nor shall any 

17 such lease or contract provide for permanent alien18 ation of any portion of the water rights made avail19 able to the Pueblos under the Settlement Agreement. 

20 (5) APPLICABLE LAW.—Section 2116 of the Re21 vised Statutes (25 U.S.C. 177) shall not apply to 

22 any lease or contract entered into under paragraph 

23 (1). 

24 (6) LEASING OR MARKETING OF WATER SUP25 PLY.—The water supply provided on behalf of the 


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1 Pueblos pursuant to section 113(a)(1) may only be 

2 leased or marketed by any of the Pueblos pursuant 

3 to the intergovernmental agreements described in 

4 section 114(c)(2). 

5 (d) AMENDMENTS TO CONTRACTS.—The Secretary 

6 shall amend the contracts relating to the Nambe Falls 

7 Dam and Reservoir that are necessary to use water sup8 plied from the Nambe Falls Dam and Reservoir in accord9 ance with the Settlement Agreement. 

10 SEC. 122. ENVIRONMENTAL COMPLIANCE. 

11 (a) EFFECT OF EXECUTION OF SETTLEMENT

12 AGREEMENT.—The execution of the Settlement Agree13 ment under section 121(b) shall not constitute a major 

14 Federal action under the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4321 et seq.). 

16 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

17 carrying out this subtitle, the Secretary shall comply with 

18 each law of the Federal Government relating to the protec19 tion of the environment, including— 

20 (1) the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.); and 

22 (2) the Endangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.). 


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1 SEC. 123. CONDITIONS PRECEDENT AND ENFORCEMENT 

2 DATE. 

3 (a) CONDITIONS PRECEDENT.— 

4 (1) IN GENERAL.—Upon the fulfillment of the 

5 conditions precedent described in paragraph (2), the 

6 Secretary shall publish in the Federal Register a 

7 statement of finding that the conditions have been 

8 fulfilled. 

9 (2) REQUIREMENTS.—The conditions prece10 dents referred to in paragraph (1) are the conditions 

11 that— 

12 (A) to the extent that the Settlement 

13 Agreement conflicts with this title, the Settle14 ment Agreement has been revised to conform 

15 with this title; 

16 (B) the Settlement Agreement, so revised, 

17 including waivers and releases pursuant to sec18 tion 124, has been executed by the appropriate 

19 parties and the Secretary; 

20 (C) Congress has fully appropriated, or the 

21 Secretary has provided from other authorized 

22 sources, all funds authorized by section 117, 

23 with the exception of subsection (a)(1) of that 

24 section, by June 30, 2016; 

25 (D) the State of New Mexico has enacted 

26 any necessary legislation and provided any 


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•S 3381 IS

1 funding that may be required under the Settle2 ment Agreement; 

3 (E) a partial final decree that sets forth 

4 the water rights and other rights to water to 

5 which the Pueblos are entitled under the Settle6 ment Agreement and this title and that sub7 stantially conforms to the Settlement Agree8 ment has been approved by the United States 

9 District Court for the District of New Mexico; 

10 and 

11 (F) a final decree that sets forth the water 

12 rights for all parties to the Aamodt Case and 

13 that substantially conforms to the Settlement 

14 Agreement has been approved by the United 

15 States District Court for the District of New 

16 Mexico by December 15, 2012, or within the 

17 time period of any extension of that deadline 

18 granted by that court. 

19 (b) ENFORCEMENT DATE.—The Settlement Agree20 ment shall become enforceable as of the date that the 

21 United States District Court for the District of New Mex22 ico enters a partial final decree pursuant to subsection 

23 (a)(2)(E) and an Interim Administrative Order consistent 

24 with the Settlement Agreement. The waivers and releases 

25 executed pursuant to section 124 shall become effective 


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•S 3381 IS

1 as of the date that the conditions precedent described in 

2 subsection (a)(2) have been fulfilled. 

3 (c) EXPIRATION.—If the parties to the Settlement 

4 Agreement entitled to provide notice regarding the lack 

5 of substantial completion of the Regional Water System 

6 provide such notice in accordance with section 10.3 of the 

7 Settlement Agreement, the Settlement Agreement shall no 

8 longer be effective, the waivers and releases executed pur9 suant to section 124 shall no longer be effective, and any 

10 unexpended Federal funds, together with any income 

11 earned thereon, and title to any property acquired or con12 structed with expended Federal funds, shall be returned 

13 to the Federal Government unless otherwise agreed to by 

14 the appropriate parties in writing and approved by Con15 gress. 

16 SEC. 124. WAIVERS AND RELEASES. 

17 (a) CLAIMS BY THE PUEBLO AND THE UNITED

18 STATES.—The Pueblos, on behalf of themselves and their 

19 members, and the United States, acting in its capacity as 

20 trustee for the Pueblos, as part of their obligations under 

21 the Settlement Agreement, shall each execute a waiver and 

22 release of— 

23 (1) all past, present, and future claims to sur24 face and groundwater rights that the Pueblos, or the 


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•S 3381 IS

1 United States on behalf of the Pueblos, asserted or 

2 could have asserted in the Aamodt Case; 

3 (2) all past, present, and future claims for dam4 ages, losses or injuries to water rights or claims of 

5 interference, diversion or taking of water for lands 

6 within the Pojoaque Basin that accrued at any time 

7 up to and including the enforcement date identified 

8 in section 123(b), that the Pueblos or their mem9 bers, or the United States on behalf of the Pueblos, 

10 asserted or could have asserted against the parties 

11 to the Aamodt Case; 

12 (3) their defenses in the Aamodt Case to the 

13 claims previously asserted therein by the other Set14 tlement Parties; and 

15 (4) all pending inter se challenges against other 

16 parties to the Settlement Agreement. 

17 (b) CLAIMS BY THE PUEBLOS.—The Pueblos, on be18 half of themselves and their members, as part of their obli19 gations under the Settlement Agreement, shall execute a 

20 waiver and release of— 

21 (1) all causes of action against the United 

22 States, its agencies, or employees, arising out of all 

23 past, present, and future claims for water rights 

24 that were asserted, or could have been asserted, by 


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•S 3381 IS

1 the United States as trustee for the Pueblos and on 

2 behalf of the Pueblos in the Aamodt case; 

3 (2) all claims for damages, losses or injuries to 

4 water rights or claims of interference, diversion or 

5 taking of water for lands within the Pojoaque Basin 

6 that accrued at any time up to and including the en7 forcement date identified in section 123(b), that the 

8 Pueblos or their members may have against the 

9 United States, its agencies, or employees; and 

10 (3) all claims arising out of or resulting from 

11 the negotiation or the adoption of the Settlement 

12 Agreement, exhibits thereto, the Final Decree, or 

13 this title, that the Pueblos of their members may 

14 have against the United States, its agencies, agents 

15 or employees. 

16 (c) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding subsections (a) and (b), and 

18 except as otherwise provided in the Settlement Agreement, 

19 the Pueblos and the United States shall retain— 

20 (1) all claims for water rights or injuries to 

21 water rights arising out of activities occurring out22 side the Pojoaque Basin except insofar as such 

23 claims are specifically addressed in the Cost-Sharing 

24 and System Integration Agreement; 


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•S 3381 IS

1 (2) all claims for enforcement of the Settlement 

2 Agreement, the Final Decree, or this title, through 

3 such legal and equitable remedies as may be avail4 able in any court of competent jurisdiction; 

5 (3) all rights to use and protect water rights ac6 quired pursuant to state law to the extent not incon7 sistent with the Final Decree and the Settlement 

8 Agreement; 

9 (4) all claims relating to activities affecting the 

10 quality of water; and 

11 (5) all rights, remedies, privileges, immunities, 

12 powers, and claims not specifically waived and re13 leased pursuant to the Settlement Agreement or this 

14 title. 

15 (d) TOLLING OF CLAIMS.— 

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

17 limitation and time-based equitable defense relating 

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

19 the period beginning on the date of enactment of 

20 this Act and ending on the Enforcement Date. 

21 (2) NO REVIVAL OF CLAIMS.—Nothing in this 

22 subsection revives any claim or tolls any period of 

23 limitation or time-based equitable defense that ex24 pired before the date of enactment of this Act. 


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1 SEC. 125. EFFECT. 

2 Nothing in this title or the Settlement Agreement af3 fects the land and water rights, claims, or entitlements 

4 to water of any Indian tribe, pueblo, or community other 

5 than the Pueblos. 

6 TITLE II—TAOS PUEBLO INDIAN 

7 WATER RIGHTS SETTLEMENT 

8 ACT 

9 SEC. 201. SHORT TITLE. 

10 This title may be cited as the ‘‘Taos Pueblo Indian 

11 Water Rights Settlement Act’’. 

12 SEC. 202. PURPOSE. 

13 The purposes of this title are— 

14 (1) to approve, ratify, and confirm the Taos 

15 Pueblo Indian Water Rights Settlement Agreement; 

16 (2) to authorize and direct the Secretary to exe17 cute the Settlement Agreement and to perform all 

18 obligations of the Secretary under the Settlement 

19 Agreement and this title; and 

20 (3) to authorize all actions and appropriations 

21 necessary for the United States to meet its obliga22 tions under the Settlement Agreement and this title. 

23 SEC. 203. DEFINITIONS. 

24 In this title: 

25 (1) ELIGIBLE NON-PUEBLO ENTITIES.—The 

26 term ‘‘Eligible Non-Pueblo Entities’’ means the 


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1 Town of Taos, EPWSD, and the New Mexico De2 partment of Finance and Administration Local Gov3 ernment Division on behalf of the Acequia Madre del 

4 Rio Lucero y del Arroyo Seco, the Acequia Madre 

5 del Prado, the Acequia del Monte, the Acequia 

6 Madre del Rio Chiquito, the Upper Ranchitos Mu7 tual Domestic Water Consumers Association, the 

8 Upper Arroyo Hondo Mutual Domestic Water Con9 sumers Association, and the Llano Quemado Mutual 

10 Domestic Water Consumers Association. 

11 (2) ENFORCEMENT DATE.—The term ‘‘Enforce12 ment Date’’ means the date upon which all condi13 tions precedent set forth in section 210(f)(2) have 

14 been fulfilled. 

15 (3) MUTUAL-BENEFIT PROJECTS.—The term 

16 ‘‘Mutual-Benefit Projects’’ means the projects de17 scribed and identified in Articles 6 and 10.1 of the 

18 Settlement Agreement. 

19 (4) PARTIAL FINAL DECREE.—The term ‘‘Par20 tial Final Decree’’ means the Decree entered in New 

21 Mexico v. Abeyta and New Mexico v. Arellano, Civil 

22 Nos. 7896–BB (U.S. D.N.M.) and 7939–BB (U.S. 

23 D.N.M) (consolidated), for the resolution of the 

24 Pueblo’s water right claims and which is substan25 tially in the form agreed to by the Parties and atVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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•S 3381 IS

1 tached to the Settlement Agreement as Attachment 

2 5. 

3 (5) PARTIES.—The term ‘‘Parties’’ means the 

4 Parties to the Settlement Agreement, as identified in 

5 Article 1 of the Settlement Agreement. 

6 (6) PUEBLO.—The term ‘‘Pueblo’’ means the 

7 Taos Pueblo, a sovereign Indian Tribe duly recog8 nized by the United States of America. 

9 (7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ 

10 means those lands located within the Taos Valley to 

11 which the Pueblo, or the United States in its capac12 ity as trustee for the Pueblo, holds title subject to 

13 Federal law limitations on alienation. Such lands in14 clude Tracts A, B, and C, the Pueblo’s land grant, 

15 the Blue Lake Wilderness Area, and the Tenorio 

16 and Karavas Tracts and are generally depicted in 

17 Attachment 2 to the Settlement Agreement. 

18 (8) SAN JUAN-CHAMA PROJECT.—The term 

19 ‘‘San Juan-Chama Project’’ means the Project au20 thorized by section 8 of the Act of June 13, 1962 

21 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 

22 Stat. 105). 

23 (9) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 (10) SETTLEMENT AGREEMENT.—The term 

2 ‘‘Settlement Agreement’’ means the contract dated 

3 March 31, 2006, between and among— 

4 (A) the United States, acting solely in its 

5 capacity as trustee for Taos Pueblo; 

6 (B) the Taos Pueblo, on its own behalf; 

7 (C) the State of New Mexico; 

8 (D) the Taos Valley Acequia Association 

9 and its 55 member ditches (‘‘TVAA’’); 

10 (E) the Town of Taos; 

11 (F) El Prado Water and Sanitation Dis12 trict (‘‘EPWSD’’); and 

13 (G) the 12 Taos area Mutual Domestic 

14 Water Consumers Associations (‘‘MDWCAs’’), 

15 as amended to conform with this title. 

16 (11) STATE ENGINEER.—The term ‘‘State En17 gineer’’ means the New Mexico State Engineer. 

18 (12) TAOS VALLEY.—The term ‘‘Taos Valley’’ 

19 means the geographic area depicted in Attachment 4 

20 of the Settlement Agreement. 

21 SEC. 204. PUEBLO RIGHTS. 

22 (a) IN GENERAL.—Those rights to which the Pueblo 

23 is entitled under the Partial Final Decree shall be held 

24 in trust by the United States on behalf of the Pueblo and 


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1 shall not be subject to forfeiture, abandonment or perma2 nent alienation. 

3 (b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo 

4 shall not be denied all or any part of its rights held in 

5 trust absent its consent unless such rights are explicitly 

6 abrogated by an Act of Congress hereafter enacted. 

7 SEC. 205. PUEBLO WATER INFRASTRUCTURE AND WATER8 SHED ENHANCEMENT. 

9 (a) IN GENERAL.—The Secretary, acting through the 

10 Commissioner of Reclamation, shall provide grants and 

11 technical assistance to the Pueblo on a nonreimbursable 

12 basis to— 

13 (1) plan, permit, design, engineer, construct, re14 construct, replace, or rehabilitate water production, 

15 treatment, and delivery infrastructure; 

16 (2) restore, preserve, and protect the environ17 ment associated with the Buffalo Pasture area; and 

18 (3) protect and enhance watershed conditions. 

19 (b) AVAILABILITY OF GRANTS.—Upon the Enforce20 ment Date, all amounts appropriated pursuant to section 

21 210(c)(1) shall be available in grants to the Pueblo after 

22 the requirements of subsection (c) have been met. 

23 (c) PLAN.—The Secretary shall provide financial as24 sistance pursuant to subsection (a) upon the Pueblo’s sub25 mittal of a plan that identifies the projects to be impleVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 mented consistent with the purposes of this section and 

2 describes how such projects are consistent with the Settle3 ment Agreement. 

4 (d) EARLY FUNDS.—Notwithstanding subsection (b), 

5 $10,000,000 of the monies authorized to be appropriated 

6 pursuant to section 210(c)(1)— 

7 (1) shall be made available in grants to the 

8 Pueblo by the Secretary upon appropriation or avail9 ability of the funds from other authorized sources; 

10 and 

11 (2) shall be distributed by the Secretary to the 

12 Pueblo on receipt by the Secretary from the Pueblo 

13 of a written notice, a Tribal Council resolution that 

14 describes the purposes under subsection (a) for 

15 which the monies will be used, and a plan under 

16 subsection (c) for this portion of the funding. 

17 SEC. 206. TAOS PUEBLO WATER DEVELOPMENT FUND. 

18 (a) ESTABLISHMENT.—There is established in the 

19 Treasury of the United States a fund to be known as the 

20 ‘‘Taos Pueblo Water Development Fund’’ (hereinafter, 

21 ‘‘Fund’’) to be used to pay or reimburse costs incurred 

22 by the Pueblo for— 

23 (1) acquiring water rights; 

24 (2) planning, permitting, designing, engineer25 ing, constructing, reconstructing, replacing, rehabiliVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 tating, operating, or repairing water production, 

2 treatment or delivery infrastructure, on-farm im3 provements, or wastewater infrastructure; 

4 (3) restoring, preserving and protecting the 

5 Buffalo Pasture, including planning, permitting, de6 signing, engineering, constructing, operating, man7 aging and replacing the Buffalo Pasture Recharge 

8 Project; 

9 (4) administering the Pueblo’s water rights ac10 quisition program and water management and ad11 ministration system; and 

12 (5) for watershed protection and enhancement, 

13 support of agriculture, water-related Pueblo commu14 nity welfare and economic development, and costs 

15 related to the negotiation, authorization, and imple16 mentation of the Settlement Agreement. 

17 (b) MANAGEMENT OF THE FUND.—The Secretary 

18 shall manage the Fund, invest amounts in the Fund, and 

19 make monies available from the Fund for distribution to 

20 the Pueblo consistent with the American Indian Trust 

21 Fund Management Reform Act of 1994 (25 U.S.C. 4001, 

22 et seq.) (hereinafter, ‘‘Trust Fund Reform Act’’), this 

23 title, and the Settlement Agreement. 

24 (c) INVESTMENT OF THE FUND.—The Secretary 

25 shall invest amounts in the Fund in accordance with— 


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1 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 

2 41, 25 U.S.C. 161); 

3 (2) the first section of the Act of June 24, 

4 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

5 (3) the American Indian Trust Fund Manage6 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

7 (d) AVAILABILITY OF AMOUNTS FROM THE FUND.— 

8 Upon the Enforcement Date, all monies deposited in the 

9 Fund pursuant to section 210(c)(2) shall be available to 

10 the Pueblo for expenditure or withdrawal after the re11 quirements of subsection (e) have been met. 

12 (e) EXPENDITURES AND WITHDRAWAL.— 

13 (1) TRIBAL MANAGEMENT PLAN.— 

14 (A) IN GENERAL.—The Pueblo may with15 draw all or part of the Fund on approval by the 

16 Secretary of a tribal management plan as de17 scribed in the Trust Fund Reform Act. 

18 (B) REQUIREMENTS.—In addition to the 

19 requirements under the Trust Fund Reform 

20 Act, the tribal management plan shall require 

21 that the Pueblo spend any funds in accordance 

22 with the purposes described in subsection (a). 

23 (2) ENFORCEMENT.—The Secretary may take 

24 judicial or administrative action to enforce the reVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 quirement that monies withdrawn from the Fund 

2 are used for the purposes specified in subsection (a). 

3 (3) LIABILITY.—If the Pueblo exercises the 

4 right to withdraw monies from the Fund, neither the 

5 Secretary nor the Secretary of the Treasury shall re6 tain any liability for the expenditure or investment 

7 of the monies withdrawn. 

8 (4) EXPENDITURE PLAN.— 

9 (A) IN GENERAL.—The Pueblo shall sub10 mit to the Secretary for approval an expendi11 ture plan for any portions of the funds made 

12 available under this title that the Pueblo does 

13 not withdraw under paragraph (1)(A) . 

14 (B) DESCRIPTION.—The expenditure plan 

15 shall describe the manner in which, and the 

16 purposes for which, amounts remaining in the 

17 Fund will be used. 

18 (C) APPROVAL.—On receipt of an expendi19 ture plan under subparagraph (A), the Sec20 retary shall approve the plan if the Secretary 

21 determines that the plan is reasonable and con22 sistent with this title. 

23 (5) ANNUAL REPORT.—The Pueblo shall submit 

24 to the Secretary an annual report that describes all 


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1 expenditures from the Fund during the year covered 

2 by the report. 

3 (f) FUNDS AVAILABLE UPON APPROPRIATION.—Not4 withstanding subsection (d), $15,000,000 of the monies 

5 authorized to be appropriated pursuant to section 

6 210(c)(2)— 

7 (1) shall be available upon appropriation for the 

8 Pueblo’s acquisition of water rights in fulfillment of 

9 the Settlement Agreement, the Buffalo Pasture Re10 charge Project, implementation of the Pueblo’s 

11 water rights acquisition program and water manage12 ment and administration system, the design, plan13 ning, and permitting of water or wastewater infra14 structure eligible for funding under sections 205 or 

15 206, or costs related to the negotiation, authoriza16 tion, and implementation of the Settlement Agree17 ment; and 

18 (2) shall be distributed by the Secretary to the 

19 Pueblo on receipt by the Secretary from the Pueblo 

20 of a written notice and a Tribal Council resolution 

21 that describes the purposes under paragraph (1) for 

22 which the monies will be used. 

23 (g) NO PER CAPITA DISTRIBUTIONS.—No part of the 

24 Fund shall be distributed on a per capita basis to members 

25 of the Pueblo. 


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1 SEC. 207. MARKETING. 

2 (a) PUEBLO WATER RIGHTS.—Subject to the ap3 proval of the Secretary in accordance with subsection (e), 

4 the Pueblo may market water rights secured to it under 

5 the Settlement Agreement and Partial Final Decree, pro6 vided that such marketing is in accordance with this sec7 tion. 

8 (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN9 CHAMA PROJECT WATER.—Subject to the approval of the 

10 Secretary in accordance with subsection (e), the Pueblo 

11 may subcontract water made available to the Pueblo under 

12 the contract authorized under section 209(b)(1)(A) to 

13 third parties to supply water for use within or without the 

14 Taos Valley, provided that the delivery obligations under 

15 such subcontract are not inconsistent with the Secretary’s 

16 existing San Juan-Chama Project obligations and such 

17 subcontract is in accordance with this section. 

18 (c) LIMITATION.— 

19 (1) IN GENERAL.—Diversion or use of water off 

20 Pueblo Lands pursuant to Pueblo water rights or 

21 Pueblo contract rights to San Juan-Chama Project 

22 water shall be subject to and not inconsistent with 

23 the same requirements and conditions of State law, 

24 any applicable Federal law, and any applicable inter25 state compact as apply to the exercise of water 

26 rights or contract rights to San Juan-Chama Project 


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1 water held by non-Federal, non-Indian entities, in2 cluding all applicable State Engineer permitting and 

3 reporting requirements. 

4 (2) EFFECT ON WATER RIGHTS.—Such diver5 sion or use off Pueblo Lands under paragraph (1) 

6 shall not impair water rights or increase surface 

7 water depletions within the Taos Valley. 

8 (d) MAXIMUM TERM.— 

9 (1) IN GENERAL.—The maximum term of any 

10 water use lease or subcontract, including all renew11 als, shall not exceed 99 years in duration. 

12 (2) ALIENATION OF RIGHTS.—The Pueblo shall 

13 not permanently alienate any rights it has under the 

14 Settlement Agreement, the Partial Final Decree, 

15 and this title. 

16 (e) APPROVAL OF SECRETARY.—The Secretary shall 

17 approve or disapprove any lease or subcontract submitted 

18 by the Pueblo for approval not later than— 

19 (1) 180 days after submission; or 

20 (2) 60 days after compliance, if required, with 

21 the National Environmental Policy Act of 1969 (42 

22 U.S.C. 4332(2)(C)), or any other requirement of 

23 Federal law, whichever is later, provided that no 

24 Secretarial approval shall be required for any water 


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1 use lease or subcontract with a term of less than 7 

2 years. 

3 (f) NO FORFEITURE OR ABANDONMENT.—The non4 use by a lessee or subcontractor of the Pueblo of any right 

5 to which the Pueblo is entitled under the Partial Final 

6 Decree shall in no event result in a forfeiture, abandon7 ment, relinquishment, or other loss of all or any part of 

8 those rights. 

9 (g) NO PREEMPTION.— 

10 (1) IN GENERAL.—The approval authority of 

11 the Secretary provided under subsection (e) shall not 

12 amend, construe, supersede, or preempt any State or 

13 Federal law, interstate compact, or international 

14 treaty that pertains to the Colorado River, the Rio 

15 Grande, or any of their tributaries, including the ap16 propriation, use, development, storage, regulation, 

17 allocation, conservation, exportation, or quantity of 

18 those waters. 

19 (2) APPLICABLE LAW.—The provisions of sec20 tion 2116 of the Revised Statutes (25 U.S.C. 177) 

21 shall not apply to any water made available under 

22 the Settlement Agreement. 

23 (h) NO PREJUDICE.—Nothing in this title shall be 

24 construed to establish, address, prejudice, or prevent any 

25 party from litigating whether or to what extent any appliVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 cable State law, Federal law or interstate compact does 

2 or does not permit, govern, or apply to the use of the 

3 Pueblo’s water outside of New Mexico. 

4 SEC. 208. MUTUAL-BENEFIT PROJECTS. 

5 (a) IN GENERAL.—Upon the Enforcement Date, the 

6 Secretary, acting through the Commissioner of Reclama7 tion, shall provide financial assistance in the form of 

8 grants on a nonreimbursable basis to Eligible Non-Pueblo 

9 Entities to plan, permit, design, engineer, and construct 

10 the Mutual Benefits Projects in accordance with the Set11 tlement Agreement— 

12 (1) to minimize adverse impacts on the Pueblo’s 

13 water resources by moving future non-Indian ground 

14 water pumping away from the Pueblo’s Buffalo Pas15 ture; and 

16 (2) to implement the resolution of a dispute 

17 over the allocation of certain surface water flows be18 tween the Pueblo and non-Indian irrigation water 

19 right owners in the community of Arroyo Seco 

20 Arriba. 

21 (b) COST-SHARING.— 

22 (1) FEDERAL SHARE.—The Federal share of 

23 the total cost of planning, designing, and con24 structing the Mutual Benefit Projects authorized in 


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1 subsection (a) shall be 75 percent and shall be non2 reimbursable. 

3 (2) NON-FEDERAL SHARE.—The non-Federal 

4 share of the total cost of planning, designing, and 

5 constructing the Mutual Benefit Projects shall be 25 

6 percent and may be in the form of in-kind contribu7 tions, including the contribution of any valuable 

8 asset or service that the Secretary determines would 

9 substantially contribute to completing the Mutual 

10 Benefit Projects. 

11 SEC. 209. SAN JUAN-CHAMA PROJECT CONTRACTS. 

12 (a) IN GENERAL.—Contracts issued under this sec13 tion shall be in accordance with this title and the Settle14 ment Agreement. 

15 (b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT

16 WATER.— 

17 (1) IN GENERAL.—The Secretary shall enter 

18 into 3 repayment contracts by December 31, 2009, 

19 for the delivery of San Juan-Chama Project water in 

20 the following amounts: 

21 (A) 2,215 acre-feet/annum to the Pueblo. 

22 (B) 366 acre-feet/annum to the Town of 

23 Taos. 

24 (C) 40 acre-feet/annum to EPWSD. 


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1 (2) REQUIREMENTS.—Each such contract shall 

2 provide that if the conditions precedent set forth in 

3 section 210(f)(2) have not been fulfilled by Decem4 ber 31, 2015, the contract shall expire on that date. 

5 (c) WAIVER.—With respect to the contracts author6 ized and required by subsection (b)(1) and notwith7 standing the provisions of Public Law 87–483 (76 Stat. 

8 96) or any other provision of law— 

9 (1) the Secretary shall waive the entirety of the 

10 Pueblo’s share of the construction costs, both prin11 cipal and the interest, for the San Juan-Chama 

12 Project and pursuant to that waiver, the Pueblo’s 

13 share of all construction costs for the San Juan14 Chama Project, inclusive of both principal and inter15 est shall be nonreimbursable; and 

16 (2) the Secretary’s waiver of the Pueblo’s share 

17 of the construction costs for the San Juan-Chama 

18 Project will not result in an increase in the pro rata 

19 shares of other San Juan-Chama Project water con20 tractors, but such costs shall be absorbed by the 

21 United States Treasury or otherwise appropriated to 

22 the Department of the Interior. 

23 SEC. 210. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA24 TIONS, AND CONDITIONS PRECEDENT. 

25 (a) RATIFICATION.— 


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1 (1) IN GENERAL.—Except to the extent that 

2 any provision of the Settlement Agreement conflicts 

3 with any provision of this title, the Settlement 

4 Agreement is authorized, ratified, and confirmed. 

5 (2) AMENDMENTS.—To the extent amendments 

6 are executed to make the Settlement Agreement con7 sistent with this title, such amendments are also au8 thorized, ratified, and confirmed. 

9 (b) EXECUTION OF SETTLEMENT AGREEMENT.—To 

10 the extent that the Settlement Agreement does not conflict 

11 with this title, the Secretary shall execute the Settlement 

12 Agreement, including all exhibits to the Settlement Agree13 ment requiring the signature of the Secretary and any 

14 amendments necessary to make the Settlement Agreement 

15 consistent with this title, after the Pueblo has executed 

16 the Settlement Agreement and any such amendments. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) TAOS PUEBLO INFRASTRUCTURE AND WA19 TERSHED FUND.—There is authorized to be appro20 priated to the Secretary to provide grants pursuant 

21 to section 205, $30,000,000, as adjusted under 

22 paragraph (4), for the period of fiscal years 2009 

23 through 2015. 

24 (2) TAOS PUEBLO WATER DEVELOPMENT

25 FUND.—There is authorized to be appropriated to 


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•S 3381 IS

1 the Taos Pueblo Water Development Fund, estab2 lished at section 206(a), $50,000,000, as adjusted 

3 under paragraph (4), for the period of fiscal years 

4 2009 through 2015. 

5 (3) MUTUAL-BENEFIT PROJECTS FUNDING.— 

6 There is further authorized to be appropriated to the 

7 Secretary to provide grants pursuant to section 208, 

8 a total of $33,000,000, as adjusted under paragraph 

9 (4), for the period of fiscal years 2009 through 

10 2015. 

11 (4) ADJUSTMENTS TO AMOUNTS AUTHOR12 IZED.—The amounts authorized to be appropriated 

13 under paragraphs (1) through (3) shall be adjusted 

14 by such amounts as may be required by reason of 

15 changes since April 1, 2007, in construction costs, 

16 as indicated by engineering cost indices applicable to 

17 the types of construction or rehabilitation involved. 

18 (5) DEPOSIT IN FUND.—Except for the funds 

19 to be provided to the Pueblo pursuant to section 

20 205(d), the Secretary shall deposit the funds made 

21 available pursuant to paragraphs (1) and (3) into a 

22 Taos Settlement Fund to be established within the 

23 Treasury of the United States so that such funds 

24 may be made available to the Pueblo and the EligiVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 ble Non-Pueblo Entities upon the Enforcement Date 

2 as set forth in sections 205(b) and 208(a). 

3 (d) AUTHORITY OF THE SECRETARY.—The Secretary 

4 is authorized to enter into such agreements and to take 

5 such measures as the Secretary may deem necessary or 

6 appropriate to fulfill the intent of the Settlement Agree7 ment and this title. 

8 (e) ENVIRONMENTAL COMPLIANCE.— 

9 (1) EFFECT OF EXECUTION OF SETTLEMENT

10 AGREEMENT.—The Secretary’s execution of the Set11 tlement Agreement shall not constitute a major Fed12 eral action under the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4321 et seq.). 

14 (2) COMPLIANCE WITH ENVIRONMENTAL

15 LAWS.—In carrying out this title, the Secretary shall 

16 comply with each law of the Federal Government re17 lating to the protection of the environment, includ18 ing— 

19 (A) the National Environmental Policy Act 

20 of 1969 (42 U.S.C. 4321 et seq.); and 

21 (B) the Endangered Species Act of 1973 

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

23 (f) CONDITIONS PRECEDENT AND SECRETARIAL

24 FINDING.— 


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1 (1) IN GENERAL.—Upon the fulfillment of the 

2 conditions precedent described in paragraph (2), the 

3 Secretary shall publish in the Federal Register a 

4 statement of finding that the conditions have been 

5 fulfilled. 

6 (2) CONDITIONS.—The conditions precedent re7 ferred to in paragraph (1) are the following: 

8 (A) The President has signed into law the 

9 Taos Pueblo Indian Water Rights Settlement 

10 Act. 

11 (B) To the extent that the Settlement 

12 Agreement conflicts with this title, the Settle13 ment Agreement has been revised to conform 

14 with this title. 

15 (C) The Settlement Agreement, so revised, 

16 including waivers and releases pursuant to sec17 tion 211, has been executed by the Parties and 

18 the Secretary prior to the Parties’ motion for 

19 entry of the Partial Final Decree. 

20 (D) Congress has fully appropriated or the 

21 Secretary has provided from other authorized 

22 sources all funds authorized by paragraphs (1) 

23 through (3) of subsection (c) so that the entire 

24 amounts so authorized have been previously 

25 provided to the Pueblo pursuant to sections 205 


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•S 3381 IS

1 and 206, or placed in the Taos Pueblo Water 

2 Development Fund or the Taos Settlement 

3 Fund as directed in subsection (c). 

4 (E) The Legislature of the State of New 

5 Mexico has fully appropriated the funds for the 

6 State contributions as specified in the Settle7 ment Agreement, and those funds have been de8 posited in appropriate accounts. 

9 (F) The State of New Mexico has enacted 

10 legislation that amends NMSA 1978, section 

11 72–6–3 to state that a water use due under a 

12 water right secured to the Pueblo under the 

13 Settlement Agreement or the Partial Final De14 cree may be leased for a term, including all re15 newals, not to exceed 99 years, provided that 

16 this condition shall not be construed to require 

17 that said amendment state that any State law 

18 based water rights acquired by the Pueblo or by 

19 the United States on behalf of the Pueblo may 

20 be leased for said term. 

21 (G) A Partial Final Decree that sets forth 

22 the water rights and contract rights to water to 

23 which the Pueblo is entitled under the Settle24 ment Agreement and this title and that sub25 stantially conforms to the Settlement AgreeVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 ment and Attachment 5 thereto has been ap2 proved by the Court and has become final and 

3 nonappealable. 

4 (g) ENFORCEMENT DATE.—The Settlement Agree5 ment shall become enforceable, and the waivers and re6 leases executed pursuant to section 211 and the limited 

7 waiver of sovereign immunity set forth in section 212(a) 

8 shall become effective, as of the date that the conditions 

9 precedent described in subsection (f)(2) have been ful10 filled. 

11 (h) EXPIRATION DATE.— 

12 (1) IN GENERAL.—If all of the conditions 

13 precedent described in section (f)(2) have not been 

14 fulfilled by December 31, 2015, the Settlement 

15 Agreement shall be null and void, the waivers and 

16 releases executed pursuant to section 211 shall not 

17 become effective, and any unexpended Federal 

18 funds, together with any income earned thereon, and 

19 title to any property acquired or constructed with 

20 expended Federal funds, shall be returned to the 

21 Federal Government, unless otherwise agreed to by 

22 the Parties in writing and approved by Congress. 

23 (2) EXCEPTION.—Notwithstanding subsection 

24 (h)(1) or any other provision of law, any unexpended 

25 Federal funds, together with any income earned 


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•S 3381 IS

1 thereon, made available under sections 205(d) and 

2 206(f) and title to any property acquired or con3 structed with expended Federal funds made available 

4 under sections 205(d) and 206(f) shall be retained 

5 by the Pueblo. 

6 (3) RIGHT TO SET-OFF.—In the event the con7 ditions precedent set forth in subsection (f)(2) have 

8 not been fulfilled by December 31, 2015, the United 

9 States shall be entitled to set off any funds expended 

10 or withdrawn from the amount appropriated pursu11 ant to paragraphs (1) and (2) of subsection (c) or 

12 made available from other authorized sources, to13 gether with any interest accrued, against any claims 

14 asserted by the Pueblo against the United States re15 lating to water rights in the Taos Valley. 

16 SEC. 211. WAIVERS AND RELEASES. 

17 (a) CLAIMS BY THE PUEBLO AND THE UNITED

18 STATES.—The Pueblo, on behalf of itself and its members, 

19 and the United States, acting through the Secretary in 

20 its capacity as trustee for the Pueblo, as part of their obli21 gations under the Settlement Agreement, shall each exe22 cute a waiver and release of claims against all Parties to 

23 the Settlement Agreement, including individual members 

24 of signatory Acequias, from— 


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1 (1) all past, present, and future claims to sur2 face and groundwater rights that the Pueblo, or the 

3 United States on behalf of the Pueblo, asserted or 

4 could have asserted in New Mexico v. Abeyta and 

5 New Mexico v. Arellano, Civil Nos. 7896–BB (U.S. 

6 D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli7 dated); 

8 (2) all past, present, and future claims for dam9 ages, losses or injuries to water rights or claims of 

10 interference, diversion or taking of water for lands 

11 within the Taos Valley that accrued from time im12 memorial through the Enforcement Date that the 

13 Pueblo, or the United States on behalf of the Pueb14 lo, asserted or could have asserted; 

15 (3) all past, present, and future claims to sur16 face and groundwater rights to the use of Rio 

17 Grande mainstream or tributary water, whether 

18 presently known or unknown, whether for consump19 tive or nonconsumptive use, that the Pueblo, or the 

20 United States on behalf of the Pueblo, could assert 

21 in any present or future water rights adjudication 

22 proceeding that are not based on ownership of land 

23 or that are based on Pueblo or United States owner24 ship of lands or water rights at any time prior to the 

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1 graph shall be construed to prevent the Pueblo or 

2 the United States from fully participating in the 

3 inter se phase of any such present or future water 

4 rights adjudication proceeding; 

5 (4) all past, present, and future claims for dam6 ages, losses or injuries to water rights or claims of 

7 interference, diversion or taking of Rio Grande 

8 mainstream or tributary water that accrued from 

9 time immemorial through the Enforcement Date 

10 that the Pueblo, or the United States on behalf of 

11 the Pueblo, asserted or could have asserted; and 

12 (5) all past, present, and future claims arising 

13 out of or resulting from the negotiation or the adop14 tion of the Settlement Agreement, attachments 

15 thereto, or any specific terms and provisions thereof, 

16 against the State of New Mexico, its agencies, 

17 agents or employees. 

18 (b) CLAIMS BY THE PUEBLO.—The Pueblo, on behalf 

19 of itself and its members, as part of its obligations under 

20 the Settlement Agreement, shall execute a waiver and re21 lease of claims against the United States, its agencies, and 

22 its employees from— 

23 (1) all past, present, and future claims for 

24 water rights that were asserted, or could have been 

25 asserted, by the United States as trustee for the 


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•S 3381 IS

1 Pueblo and on behalf of the Pueblo in New Mexico 

2 v. Abeyta and New Mexico v. Arellano, Civil Nos. 

3 7896–BB (U.S. D.N.M.) and 7939–BB (U.S. 

4 D.N.M) (consolidated); 

5 (2) all past, present, and future claims for dam6 ages, losses or injuries to water rights or all past, 

7 present, and future claims for failure to intervene or 

8 act on the Pueblo’s behalf in the protection of its 

9 water rights, or all past, present, and future claims 

10 for failure to acquire and/or develop the water rights 

11 and resources of the Pueblo, that accrued from time 

12 immemorial through the Enforcement Date; and 

13 (3) all past, present, and future claims arising 

14 out of or resulting from the negotiation or the adop15 tion of the Settlement Agreement, attachments 

16 thereto, or negotiation and enactment of this title or 

17 any specific terms and provisions thereof, against 

18 the United States, its agencies, agents or employees. 

19 (c) RESERVATION OF RIGHTS AND RETENTION OF

20 CLAIMS.—Notwithstanding subsections (a) and (b), the 

21 Pueblo and its members, and the United States, as trustee 

22 for the Pueblo and its members, shall retain the following 

23 rights and claims: 

24 (1) All claims against persons other than the 

25 Parties to the Settlement Agreement for injuries to 


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1 water rights arising out of activities occurring out2 side the Taos Valley or the Taos Valley Stream Sys3 tem. 

4 (2) All claims for enforcement of the Settlement 

5 Agreement, the San Juan-Chama Project contract 

6 between the Pueblo and the United States, the Par7 tial Final Decree, or this title, through such legal 

8 and equitable remedies as may be available in any 

9 court of competent jurisdiction. 

10 (3) All rights to use and protect water rights 

11 acquired pursuant to state law, to the extent not in12 consistent with the Partial Final Decree and the 

13 Settlement Agreement. 

14 (4) All claims relating to activities affecting the 

15 quality of water. 

16 (5) All rights, remedies, privileges, immunities, 

17 powers, and claims not specifically waived and re18 leased pursuant to the Settlement Agreement or this 

19 title. 

20 (d) TOLLING OF CLAIMS.— 

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

22 limitation and time-based equitable defense relating 

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

24 the period beginning on the date of enactment of 

25 this Act and ending on the Enforcement Date. 


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1 (2) NO REVIVAL OF CLAIMS.—Nothing in this 

2 subsection revives any claim or tolls any period of 

3 limitation or time-based equitable defense that ex4 pired before the date of enactment of this title. 

5 (3) LIMITATION.—Nothing in this section pre6 cludes the tolling of any period of limitations or any 

7 time-based equitable defense under any other appli8 cable law. 

9 SEC. 212. INTERPRETATION AND ENFORCEMENT. 

10 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

11 Upon and after the Enforcement Date, if any Party to 

12 the Settlement Agreement brings an action in any court 

13 of competent jurisdiction over the subject matter relating 

14 only and directly to the interpretation or enforcement of 

15 the Settlement Agreement or this title, and names the 

16 United States or the Pueblo as a party, then the United 

17 States, the Pueblo, or both may be added as a party to 

18 any such action, and any claim by the United States or 

19 the Pueblo to sovereign immunity from the action is 

20 waived, but only for the limited and sole purpose of such 

21 interpretation or enforcement, and no waiver of sovereign 

22 immunity is made for any action against the United States 

23 or the Pueblo that seeks money damages. 

24 (b) SUBJECT MATTER JURISDICTION NOT AF25 FECTED.—Nothing in this title shall be deemed as conferVerDate Aug 31 2005 07:23 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S3381.IS S3381

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1 ring, restricting, enlarging, or determining the subject 

2 matter jurisdiction of any court, including the jurisdiction 

3 of the court that enters the Partial Final Decree adjudi4 cating the Pueblo’s water rights. 

5 (c) REGULATORY AUTHORITY NOT AFFECTED.— 

6 Nothing in this title shall be deemed to determine or limit 

7 any authority of the State or the Pueblo to regulate or 

8 administer waters or water rights now or in the future. 

9 SEC. 213. DISCLAIMER. 

10 Nothing in the Settlement Agreement or this title 

11 shall be construed in any way to quantify or otherwise ad12 versely affect the land and water rights, claims, or entitle13 ments to water of any other Indian tribe. 

Æ 


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