II

106TH CONGRESS

2D SESSION S. 2508

To amend the Colorado Ute Indian Water Rights Settlement Act of 1988

to provide for a final settlement of the claims of the Colorado Ute

Indian Tribes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 4, 2000

Mr. CAMPBELL (for himself and Mr. ALLARD) introduced the following bill;

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

A BILL

To amend the Colorado Ute Indian Water Rights Settlement

Act of 1988 to provide for a final settlement of the

claims of the Colorado Ute Indian Tribes, and for other

purposes.

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

3 SECTION 1. SHORT TITLE; FINDINGS; DEFINITIONS.

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

5 ‘‘Colorado Ute Settlement Act Amendments of 2000’’.

6 (b) FINDINGS.—Congress makes the following find7 ings:
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1 (1) In order to provide for a full and final set2 tlement of the claims of the Colorado Ute Indian

3 Tribes on the Animas and La Plata Rivers, the

4 Tribes, the State of Colorado, and certain of the

5 non-Indian parties to the Agreement have proposed

6 certain modifications to the Colorado Ute Indian

7 Water Rights Settlement Act of 1988 (Public Law

8 100–585; 102 Stat. 2973).

9 (2) The claims of the Colorado Ute Indian

10 Tribes on all rivers in Colorado other than the

11 Animas and La Plata Rivers have been settled in ac12 cordance with the provisions of the Colorado Ute In13 dian Water Rights Settlement Act of 1988 (Public

14 Law 100–585; 102 Stat. 2973).

15 (3) The Indian and non-Indian communities of

16 southwest Colorado and northwest New Mexico will

17 be benefited by a settlement of the tribal claims on

18 the Animas and La Plata Rivers that provides the

19 Tribes with a firm water supply without taking

20 water away from existing uses.

21 (4) The Agreement contemplated a specific

22 timetable for the delivery of irrigation and municipal

23 and industrial water and other benefits to the Tribes

24 from the Animas-La Plata Project, which timetable

25 has not been met. The provision of irrigation water
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1 can not presently be satisfied under the current im2 plementation of the Federal Water Pollution Control

3 Act (33 U.S.C. 1251 et seq.) and the Endangered

4 Species Act of 1973 (16 U.S.C. 1531 et seq.).

5 (5) In order to meet the requirements of the

6 Endangered Species Act of 1973 (16 U.S.C. 1531 et

7 seq.), and in particular the various biological opin8 ions issued by the Fish and Wildlife Service, the

9 amendments made by this Act are needed to provide

10 for a significant reduction in the facilities and water

11 supply contemplated under the Agreement.

12 (6) The substitute benefits provided to the

13 Tribes under the amendments made by this Act, in14 cluding the waiver of capital costs and the provisions

15 of funds for natural resource enhancement, result in

16 a settlement that provides the Tribes with benefits

17 that are equivalent to those that the Tribes would

18 have received under the Colorado Ute Indian Water

19 Rights Settlement Act of 1988 (Public Law 100–

20 585; 102 Stat. 2973).

21 (7) The requirement that the Secretary of the

22 Interior comply with the National Environmental

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

24 other national environmental laws before imple25 menting the proposed settlement will ensure that the
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1 satisfaction of the tribal water rights is accomplished

2 in an environmentally responsible fashion.

3 (8) Federal courts have considered the nature

4 and the extent of Congressional participation when

5 reviewing Federal compliance with the requirements

6 of the National Environmental Policy Act of 1969

7 (42 U.S.C. 4321 et seq.).

8 (9) In considering the full range of alternatives

9 for satisfying the water rights claims of the South10 ern Ute Indian Tribe and Ute Mountain Ute Indian

11 Tribe, Congress has held numerous legislative hear12 ings and deliberations, and reviewed the considerable

13 record including the following documents:

14 (A) The Final EIS No. INT–FES–80–18,

15 dated July 1, 1980.

16 (B) The Draft Supplement to the FES No.

17 INT–DES–92–41, dated October 13, 1992.

18 (C) The Final Supplemental to the FES

19 No. 96–23, dated April 26, 1996;

20 (D) The Draft Supplemental EIS, dated

21 January 14, 2000.

22 (c) DEFINITIONS.—In this Act:

23 (1) AGREEMENT.—The term ‘‘Agreement’’ has

24 the meaning given that term in section 3(1) of the
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1 Colorado Ute Indian Water Rights Settlement Act of

2 1988 (Public Law 100–585; 102 Stat. 2973).

3 (2) ANIMAS-LA PLATA PROJECT.—The term

4 ‘‘Animas-La Plata Project’’ has the meaning given

5 that term in section 3(2) of the Colorado Ute Indian

6 Water Rights Settlement Act of 1988 (Public Law

7 100–585; 102 Stat. 2973).

8 (3) DOLORES PROJECT.—The term ‘‘Dolores

9 Project’’ has the meaning given that term in section

10 3(3) of the Colorado Ute Indian Water Rights Set11 tlement Act of 1988 (Public Law 100–585; 102

12 Stat. 2974).

13 (4) TRIBE; TRIBES.—The term ‘‘tribe’’ or

14 ‘‘tribes’’ has the meaning given that term in section

15 3(6) of the Colorado Ute Indian Water Rights Set16 tlement Act of 1988 (Public Law 100–585; 102

17 Stat. 2974).

18 SEC. 2. AMENDMENTS TO SECTION 6 OF THE COLORADO

19 UTE INDIAN WATER RIGHTS SETTLEMENT

20 ACT OF 1988.

21 Subsection (a) of section 6 of the Colorado Ute In22 dian Water Rights Settlement Act of 1988 (Public Law

23 100–585; 102 Stat. 2975) is amended to read as follows:

24 ‘‘(a) RESERVOIR; MUNICIPAL AND INDUSTRIAL

25 WATER.—
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1 ‘‘(1) FACILITIES.—

2 ‘‘(A) IN GENERAL.—After the date of en3 actment of this subsection, but prior to January

4 1, 2005, the Secretary, in order to settle the

5 outstanding claims of the Tribes on the Animas

6 and La Plata Rivers, acting through the Bu7 reau of Reclamation, is specifically authorized

8 to—

9 ‘‘(i) complete construction of, and op10 erate and maintain, a reservoir, a pumping

11 plant, a reservoir inlet conduit, and appur12 tenant facilities with sufficient capacity to

13 divert and store water from the Animas

14 River to provide for an average annual de15 pletion of 57,100 acre-feet of water to be

16 used for a municipal and industrial water

17 supply, which facilities shall—

18 ‘‘(I) be designed and operated in

19 accordance with the hydrologic regime

20 necessary for the recovery of the en21 dangered fish of the San Juan River

22 as determined by the San Juan River

23 Recovery Implementation Program;

24 ‘‘(II) include an inactive pool of

25 an appropriate size to be determined
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1 by the Secretary following the comple2 tion of required environmental compli3 ance activities; and

4 ‘‘(III) include those recreation fa5 cilities determined to be appropriate

6 by agreement between the State of

7 Colorado and the Secretary that shall

8 address the payment of any of the

9 costs of such facilities by the State of

10 Colorado in addition to the costs de11 scribed in paragraph (3); and

12 ‘‘(ii) deliver, through the use of the

13 project components referred to in clause

14 (i), municipal and industrial water

15 allocations—

16 ‘‘(I) with an average annual de17 pletion not to exceed 16,525 acre-feet

18 of water, to the Southern Ute Indian

19 Tribe for its present and future needs;

20 ‘‘(II) with an average annual de21 pletion not to exceed 16,525 acre-feet

22 of water, to the Ute Mountain Ute In23 dian Tribe for its present and future

24 needs;
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1 ‘‘(III) with an average annual de2 pletion not to exceed 2,340 acre-feet

3 of water, to the Navajo Nation for its

4 present and future needs;

5 ‘‘(IV) with an average annual de6 pletion not to exceed 10,400 acre-feet

7 of water, to the San Juan Water

8 Commission for its present and future

9 needs;

10 ‘‘(V) with an average annual de11 pletion of an amount not to exceed

12 2,600 acre-feet of water, to the

13 Animas-La Plata Conservancy Dis14 trict for its present and future needs;

15 ‘‘(VI) with an average annual de16 pletion of an amount not to exceed

17 5,230 acre-feet of water, to the State

18 of Colorado for its present and future

19 needs; and

20 ‘‘(VII) with an average annual

21 depletion of an amount not to exceed

22 780 acre-feet of water, to the La

23 Plata Conservancy District of New

24 Mexico for its present and future

25 needs.
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1 ‘‘(B) APPLICABILITY OF OTHER FEDERAL

2 LAW.—The responsibilities of the Secretary de3 scribed in subparagraph (A) are subject to the

4 requirements of Federal laws related to the pro5 tection of the environment and otherwise appli6 cable to the construction of the proposed facili7 ties, including the National Environmental Pol8 icy Act of 1969 (42 U.S.C. 4321 et seq.), the

9 Clean Water Act (42 U.S.C. 7401 et seq.), and

10 the Endangered Species Act of 1973 (16 U.S.C.

11 1531 et seq.). Nothing in this Act shall be con12 strued to predetermine or otherwise affect the

13 outcome of any analysis conducted by the Sec14 retary or any other Federal official under appli15 cable laws.

16 ‘‘(C) LIMITATION.—

17 ‘‘(i) IN GENERAL.—If constructed, the

18 facilities described in subparagraph (A)

19 shall not be used in conjunction with any

20 other facility authorized as part of the

21 Animas-La Plata Project without express

22 authorization from Congress.

23 ‘‘(ii) CONTINGENCY IN APPLICA24 TION.—If the facilities described in sub-
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1 paragraph (A) are not constructed and op2 erated, clause (i) shall not take effect.

3 ‘‘(2) TRIBAL CONSTRUCTION COSTS.—Construc4 tion costs allocable to the facilities that are required

5 to deliver the municipal and industrial water alloca6 tions described in subclauses (I), (II) and (III) of

7 paragraph (1)(A)(ii) shall be nonreimbursable to the

8 United States.

9 ‘‘(3) NONTRIBAL WATER CAPITAL OBLIGA10 TIONS.—Under the provisions of section 9 of the Act

11 of August 4, 1939 (43 U.S.C. 485h), the nontribal

12 municipal and industrial water capital repayment

13 obligations for the facilities described in paragraph

14 (1)(A)(i) may be satisfied upon the payment in full

15 of the nontribal water capital obligations prior to the

16 initiation of construction. The amount of the obliga17 tions described in the preceding sentence shall be de18 termined by agreement between the Secretary of the

19 Interior and the entity responsible for such repay20 ment as to the appropriate reimbursable share of the

21 construction costs allocated to that entity’s munic22 ipal water supply. Such agreement shall take into

23 account the fact that the construction of facilities to

24 provide irrigation water supplies from the Animas25 La Plata Project is not authorized under paragraph
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1 (1)(A)(i) and no costs associated with the design or

2 development of such facilities, including costs associ3 ated with environmental compliance, shall be allo4 cable to the municipal and industrial users of the fa5 cilities authorized under such paragraph.

6 ‘‘(4) TRIBAL WATER ALLOCATIONS.—

7 ‘‘(A) IN GENERAL.—With respect to mu8 nicipal and industrial water allocated to a Tribe

9 from the Animas-La Plata Project or the Dolo10 res Project, until that water is first used by a

11 Tribe or used pursuant to a water use contract

12 with the Tribe, the Secretary shall pay the an13 nual operation, maintenance, and replacement

14 costs allocable to that municipal and industrial

15 water allocation of the Tribe.

16 ‘‘(B) TREATMENT OF COSTS.—A Tribe

17 shall not be required to reimburse the Secretary

18 for the payment of any cost referred to in sub19 paragraph (A).

20 ‘‘(5) REPAYMENT OF PRO RATA SHARE.—Upon

21 a Tribe’s first use of an increment of a municipal

22 and industrial water allocation described in para23 graph (4), or the Tribe’s first use of such water pur24 suant to the terms of a water use contract—
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1 ‘‘(A) repayment of that increment’s pro

2 rata share of those allocable construction costs

3 for the Dolores Project shall be made by the

4 Tribe; and

5 ‘‘(B) the Tribe shall bear a pro rata share

6 of the allocable annual operation, maintenance,

7 and replacement costs of the increment as re8 ferred to in paragraph (4).’’.

9 SEC. 3. COMPLIANCE WITH THE NATIONAL ENVIRON10 MENTAL POLICY ACT OF 1969.

11 Section 6 of the Colorado Ute Indian Water Rights

12 Settlement Act of 1988 (Public Law 100–585; 102 Stat.

13 2975) is amended by adding at the end the following:

14 ‘‘(i) COMPLIANCE WITH THE NATIONAL ENVIRON15 MENTAL POLICY ACT OF 1969.—

16 ‘‘(1) AUTHORITY.—Nothing in this Act shall be

17 construed to alter, amend, or modify the authority

18 or discretion of the Secretary or any other Federal

19 official under the National Environmental Policy Act

20 of 1969 (42 U.S.C. 4321 et seq.) or any other Fed21 eral law.

22 ‘‘(2) DETERMINATION OF CONGRESS.—Subject

23 to paragraph (3), in any defense to a challenge of

24 the Final Environmental Impact Statement prepared

25 pursuant to the Notice of Intent to Prepare a Draft
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1 Environmental Impact Statement, as published in

2 the Federal Register on January 4, 1999 (64 Fed

3 Reg 176–179), or the compliance with the National

4 Environmental Policy Act of 1969 (42 U.S.C. 4321

5 et seq.) or the Federal Water Pollution Control Act

6 (33 U.S.C. 1251 et seq.), and in addition to the

7 Record of Decision and any other documents or ma8 terials submitted in defense of its decision, the

9 United States may assert in its defense that Con10 gress, based upon the deliberations and review de11 scribed in paragraph (9) of section 1(b) of the Colo12 rado Ute Settlement Act Amendments of 2000, has

13 determined that the alternative described in such

14 Final Statement meets the Federal government’s

15 water supply obligations to the Ute tribes under this

16 Act in a manner that provides the most benefits to,

17 and has the least impact on, the quality of the

18 human environment.

19 ‘‘(3) APPLICATION OF PROVISION.—This sub20 section shall only apply if Alternative #4, as pre21 sented in the Draft Supplemental Environmental

22 Impact Statement dated January 14, 2000, or an al23 ternative substantially similar to Alternative #4, is

24 selected by the Secretary.
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1 ‘‘(4) NO EFFECT OF MODIFICATION OF FACILI2 TIES.—The application of this section shall not be

3 affected by a modification of the facilities described

4 in subsection (a)(1)(A)(i) to address the provisions

5 in the San Juan River Recovery Implementation

6 Program.’’.

7 SEC. 4. COMPLIANCE WITH THE ENDANGERED SPECIES

8 ACT OF 1973.

9 Section 6 of the Colorado Ute Indian Water Rights

10 Settlement Act of 1988 (Public Law 100–585; 102 Stat.

11 2975), as amended by section 3, is amended by adding

12 at the end the following:

13 ‘‘(j) COMPLIANCE WITH THE ENDANGERED SPECIES

14 ACT OF 1973.—

15 ‘‘(1) AUTHORITY.—Nothing in this section shall

16 be construed to alter, amend, or modify the author17 ity or discretion of the Secretary or any other Fed18 eral official under the Endangered Species Act of

19 1973 (16 U.S.C. 1531 et seq.) or any other Federal

20 law.

21 ‘‘(2) DETERMINATION OF CONGRESS.—Subject

22 to paragraph (3), in any defense to a challenge of

23 the Biological Opinion resulting from the Bureau of

24 Reclamation Biological Assessment, January 14,

25 2000, or the compliance with the Endangered Spe-
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1 cies Act of 1973 (16 U.S.C. 1531 et seq.), and in

2 addition to the Record of Decision and any other

3 documents or materials submitted in defense of its

4 decision, the United States may assert in its defense

5 that Congress, based on the deliberations and review

6 described in paragraph (9) of section 1(b) of the

7 Colorado Ute Settlement Act Amendments of 2000,

8 has determined that constructing and operating the

9 facilities described in subsection (a)(1)(A)(i) meets

10 the Federal government’s water supply obligation to

11 the Ute tribes under that Act without violating the

12 Endangered Species Act of 1973 (16 U.S.C. 1531 et

13 seq.).

14 ‘‘(3) APPLICATION OF PROVISION.—This sub15 section shall only apply if the Biological Opinion re16 ferred to in paragraph (2) or any reasonable and

17 prudent alternative suggested by the Secretary pur18 suant to section 7 of the Endangered Species Act of

19 1973 (16 U.S.C. 1536) authorizes an average an20 nual depletion of at least 57,100 acre-feet of water.

21 ‘‘(4) NO EFFECT OF MODIFICATION OF FACILI22 TIES.—The application of this subsection shall not

23 be affected by a modification of the facilities de24 scribed in subsection (a)(1)(A)(i) to address the pro-
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1 visions in the San Juan River Recovery Implementa2 tion Program.’’.

3 SEC. 5. MISCELLANEOUS.

4 The Colorado Ute Indian Water Rights Settlement

5 Act of 1988 (Public Law 100–585; 102 Stat. 2973) is

6 amended by adding at the end the following:

7 ‘‘SEC. 15. NEW MEXICO AND NAVAJO NATION WATER

8 MATTERS.

9 ‘‘(a) ASSIGNMENT OF WATER PERMIT.—Upon the

10 request of the State Engineer of the State of New Mexico,

11 the Secretary shall, in a manner consistent with applicable

12 State law, assign, without consideration, to the New Mex13 ico Animas-La Plata Project beneficiaries or the New

14 Mexico Interstate Stream Commission any portion of the

15 Department of the Interior’s interest in New Mexico Engi16 neer Permit Number 2883, dated May 1, 1956, in order

17 to fulfill the New Mexico purposes of the Animas-La Plata

18 Project, so long as the permit assignment does not affect

19 the application of the Endangered Species Act of 1973

20 (16 U.S.C. 1531 et seq.) to the use of the water involved.

21 ‘‘(b) NAVAJO NATION MUNICIPAL PIPELINE.—The

22 Secretary may construct a water line to augment the exist23 ing system that conveys the municipal water supplies, in

24 an amount not less than 4,680 acre-feet per year, of the

25 Navajo Nation to the Navajo Indian Reservation at
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1 Shiprock, New Mexico. The Secretary shall comply with

2 all applicable environmental laws with respect to such

3 water line. Construction costs allocated to the Navajo Na4 tion for such water line shall be nonreimbursable to the

5 United States.

6 ‘‘(c) PROTECTION OF NAVAJO WATER CLAIMS.—

7 Nothing in this Act shall be construed to quantify or oth8 erwise adversely affect the water rights and the claims of

9 entitlement to water of the Navajo Nation.

10 ‘‘SEC. 16. TRIBAL RESOURCE FUNDS.

11 ‘‘(a) ESTABLISHMENT.—

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

13 There is authorized to be appropriated to carry out

14 this section, $20,000,000 for fiscal year 2001 and

15 $20,000,000 for fiscal year 2002. Not later than 60

16 days after amounts are appropriated and available

17 to the Secretary for a fiscal year under this para18 graph, the Secretary shall make a payment to each

19 of the Tribal Resource Funds established under

20 paragraph (2). Each such payment shall be equal to

21 50 percent of the amount appropriated for the fiscal

22 year involved.

23 ‘‘(2) FUNDS.—The Secretary shall establish

24 a—
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1 ‘‘(A) Southern Ute Tribal Resource Fund;

2 and

3 ‘‘(B) Ute Mountain Ute Tribal Resource

4 Fund.

5 A separate account shall be maintained for each

6 such Fund.

7 ‘‘(b) ADJUSTMENT.—To the extent that the amount

8 appropriated under subsection (a)(1) in any fiscal year is

9 less than the amount authorized for such fiscal year under

10 such subsection, the Secretary shall, subject to the avail11 ability of appropriations, pay to each of the Tribal Reserve

12 Funds an adjustment amount equal to the interest income,

13 as determined by the Secretary in his or her sole discre14 tion, that would have been earned on the amount author15 ized but not appropriated under such subsection had that

16 amount been placed in the Fund as required under such

17 subsection.

18 ‘‘(c) TRIBAL DEVELOPMENT.—

19 ‘‘(1) INVESTMENT.—The Secretary shall, in the

20 absence of an approved tribal investment plan pro21 vided for under paragraph (2), invest the amount in

22 each Tribal Resource Fund in accordance with the

23 Act entitled, ‘An Act to authorize the deposit and in24 vestment of Indian funds’ approved June 24, 1938

25 (25 U.S.C. 162a). The Secretary shall disburse, at
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1 the request of a Tribe, the principal and income in

2 its Resource Fund, or any part thereof, in accord3 ance with a resource acquisition and enhancement

4 plan approved under paragraph (3).

5 ‘‘(2) INVESTMENT PLAN.—

6 ‘‘(A) IN GENERAL.—In lieu of the invest7 ment provided for in paragraph (1), a Tribe

8 may submit a tribal investment plan applicable

9 to all or part of the Tribe’s Tribal Resource

10 Fund.

11 ‘‘(B) APPROVAL.—Not later than 60 days

12 after the date on which an investment plan is

13 submitted under subparagraph (A), the Sec14 retary shall approve such investment plan if the

15 Secretary finds that the plan is reasonable and

16 sound. If the Secretary does not approve such

17 investment plan, the Secretary shall set forth in

18 writing and with particularity the reasons for

19 such disapproval. If such investment plan is ap20 proved by the Secretary, the Tribal Resource

21 Fund involved shall be disbursed to the Tribe to

22 be invested by the Tribe in accordance with the

23 approved investment plan.

24 ‘‘(C) COMPLIANCE.—The Secretary may

25 take such steps as the Secretary determines to
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1 be necessary to monitor the compliance of a

2 Tribe with an investment plan approved under

3 subparagraph (B). The United States shall not

4 be responsible for the review, approval, or audit

5 of any individual investment under the plan.

6 The United States shall not be directly or indi7 rectly liable with respect to any such invest8 ment, including any act or omission of the

9 Tribe in managing or investing such funds.

10 ‘‘(D) ECONOMIC DEVELOPMENT PLAN.—

11 The principal and income derived from tribal

12 investments under an investment plan approved

13 under subparagraph (B) shall be subject to the

14 provisions of this section and shall be expended

15 only in accordance with an economic develop16 ment plan approved under paragraph (3).

17 ‘‘(3) ECONOMIC DEVELOPMENT PLAN.—

18 ‘‘(A) IN GENERAL.—Each Tribe shall sub19 mit to the Secretary a resource acquisition and

20 enhancement plan for all or any portion of its

21 Tribal Resource Fund.

22 ‘‘(B) APPROVAL.—Not later than 60 days

23 after the date on which a plan is submitted

24 under subparagraph (A), the Secretary shall ap25 prove such investment plan if the Secretary
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1 finds that the plan is reasonably related to the

2 protection, acquisition, enhancement, or devel3 opment of natural resources for the benefit of

4 the Tribe and its members. If the Secretary

5 does not approve such plan, the Secretary shall,

6 at the time of such determination, set forth in

7 writing and with particularity the reasons for

8 such disapproval.

9 ‘‘(C) MODIFICATION.—Subject to the ap10 proval of the Secretary, each Tribe may modify

11 a plan approved under subparagraph (B).

12 ‘‘(D) LIABILITY.—The United States shall

13 not be directly or indirectly liable for any claim

14 or cause of action arising from the approval of

15 a plan under this paragraph, or from the use

16 and expenditure by the Tribe of the principal or

17 interest of the Funds.

18 ‘‘(d) LIMITATION ON PER CAPITA DISTRIBUTIONS.—

19 No part of the principal contained in the Tribal Resource

20 Fund, or of the income accruing to such funds, or the rev21 enue from any water use contract, shall be distributed to

22 any member of either Tribe on a per capita basis.

23 ‘‘(e) LIMITATION ON SETTING ASIDE FINAL CON24 SENT DECREE.—Neither the Tribes nor the United States

25 shall have the right to set aside the final consent decree
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1 solely because the requirements of subsection (c) are not

2 complied with or implemented.

3 ‘‘SEC. 17. COLORADO UTE SETTLEMENT FUND.

4 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

5 established within the Treasury of the United States a

6 fund to be known as the ‘Colorado Ute Settlement Fund.’

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

8 is authorized to be appropriated to the Colorado Ute Set9 tlement Fund such funds as are necessary to complete the

10 construction of the facilities described in section

11 6(a)(1)(A) within 6 years of the date of enactment of this

12 section. Such funds are authorized to be appropriated for

13 each of the first 5 fiscal years beginning with the first

14 full fiscal year following the date of enactment of this sec15 tion.

16 ‘‘(c) INTEREST.—Amounts appropriated under sub17 section (b) shall accrue interest, to be paid on the dates

18 that are 1, 2, 3, 4, and 5 years after the date of enactment

19 of this section, at a rate to be determined by the Secretary

20 of the Treasury taking into consideration the average mar21 ket yield on outstanding Federal obligations of comparable

22 maturity, except that no such interest shall be paid during

23 any period where a binding final court order prevents con24 struction of the facilities described in section 6(a)(1)(A).
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1 ‘‘SEC. 18. FINAL SETTLEMENT.

2 ‘‘(a) IN GENERAL.—The construction of the facilities

3 described in section 6(a)(1)(A), the allocation of the water

4 supply from those facilities to the Tribes as described in

5 that section, and the provision of funds to the Tribes in

6 accordance with sections 16 and 17 shall constitute final

7 settlement of the tribal claims to water rights on the

8 Animas and La Plata Rivers in the State of Colorado.

9 ‘‘(b) STATUTORY CONSTRUCTION.—Nothing in this

10 section shall be construed to affect the right of the Tribes

11 to water rights on the streams and rivers described in the

12 Agreement, other than the Animas and La Plata Rivers,

13 to receive the amounts of water dedicated to tribal use

14 under the Agreement, or to acquire water rights under the

15 laws of the State of Colorado.

16 ‘‘(c) ACTION BY THE ATTORNEY GENERAL.—The At17 torney General shall file with the District Court, Water

18 Division Number 7, of the State of Colorado, such instru19 ments as may be necessary to request the court to amend

20 the final consent decree to provide for the amendments

21 made to this Act under the Colorado Ute Indian Water

22 Rights Settlement Act Amendments of 2000.

23 ‘‘SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF

24 CERTAIN FUNDS.

25 ‘‘(a) IN GENERAL.—Nothing in the amendments

26 made by the Colorado Ute Settlement Act Amendments
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1 of 2000 shall be construed to affect the applicability of

2 any provision of this Act.

3 ‘‘(b) TREATMENT OF UNCOMMITTED PORTION OF

4 COST-SHARING OBLIGATION.—The uncommitted portion

5 of the cost-sharing obligation of the State of Colorado re6 ferred to in section 6(a)(3) shall be made available, upon

7 the request of the State of Colorado, to the State of Colo8 rado after the date on which payment is made of the

9 amount specified in that section.’’.

Æ