II 

Calendar No. 255 

111TH CONGRESS 

2D SESSION S. 1105 

[Report No. 111–115] 

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

of Reclamation, to develop water infrastructure in the Rio Grande Basin, 

and to approve the settlement of the water rights claims of the Pueblos 

of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the 

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

JANUARY 20, 2010 

Reported by Mr. DORGAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To authorize the Secretary of the Interior, acting through 

the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the 

settlement of the water rights claims of the Pueblos 

of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Aamodt Litigation Settlement Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—POJOAQUE BASIN REGIONAL WATER SYSTEM 

Sec. 101. Authorization of Regional Water System. 

Sec. 102. Operating Agreement. 

Sec. 103. Acquisition of Pueblo water supply for the Regional Water System. 

Sec. 104. Delivery and allocation of Regional Water System capacity and water. 

Sec. 105. Aamodt Settlement Pueblos’ Fund. 

Sec. 106. Environmental compliance. 

Sec. 107. Authorization of appropriations. 

TITLE II—POJOAQUE BASIN INDIAN WATER RIGHTS 

SETTLEMENT 

Sec. 201. Settlement Agreement and contract approval. 

Sec. 202. Environmental compliance. 

Sec. 203. Conditions precedent and enforcement date. 

Sec. 204. Waivers and releases. 

Sec. 205. Effect. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means the civil action entitled State of New Mexico, 

10 ex rel. State Engineer and United States of Amer11 ica, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo 

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

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

14 (2) ACRE-FEET.—The term ‘‘acre-feet’’ means 

15 acre-feet of water per year. 


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

2 the Pojoaque Basin Regional Water Authority de3 scribed in section 9.5 of the Settlement Agreement 

4 or an alternate entity acceptable to the Pueblos and 

5 the County to operate and maintain the diversion 

6 and treatment facilities, certain transmission pipe7 lines, and other facilities of the Regional Water Sys8 tem. 

9 (4) CITY.—The term ‘‘City’’ means the city of 

10 Santa Fe, New Mexico. 

11 (5) COST-SHARING AND SYSTEM INTEGRATION

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

13 Integration Agreement’’ means the agreement to be 

14 executed by the United States, the State, the Pueb15 los, the County, and the City that— 

16 (A) describes the location, capacity, and 

17 management (including the distribution of 

18 water to customers) of the Regional Water Sys19 tem; and 

20 (B) allocates the costs of the Regional 

21 Water System with respect to— 

22 (i) the construction, operation, main23 tenance, and repair of the Regional Water 

24 System; 


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

2 Water System; and 

3 (iii) the acquisition of water rights. 

4 (6) COUNTY.—The term ‘‘County’’ means 

5 Santa Fe County, New Mexico. 

6 (7) COUNTY DISTRIBUTION SYSTEM.—The term 

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

8 the Regional Water System that serves water cus9 tomers on non-Pueblo land in the Pojoaque Basin. 

10 (8) COUNTY WATER UTILITY.—The term 

11 ‘‘County Water Utility’’ means the water utility or12 ganized by the County to— 

13 (A) receive water distributed by the Au14 thority; and 

15 (B) provide the water received under sub16 paragraph (A) to customers on non-Pueblo land 

17 in the Pojoaque Basin. 

18 (9) ENGINEERING REPORT.—The term ‘‘Engi19 neering Report’’ means the report entitled 

20 ‘‘Pojoaque Regional Water System Engineering Re21 port’’ dated September 2008 and any amendments 

22 thereto, including any modifications which may be 

23 required by section 101(d)(2). 


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1 (10) FUND.—The term ‘‘Fund’’ means the 

2 Aamodt Settlement Pueblos’ Fund established by 

3 section 105(a). 

4 (11) OPERATING AGREEMENT.—The term ‘‘Op5 erating Agreement’’ means the agreement between 

6 the Pueblos and the County executed under section 

7 102(a). 

8 (12) OPERATIONS, MAINTENANCE, AND RE9 PLACEMENT COSTS.— 

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

11 maintenance, and replacement costs’’ means all 

12 costs for the operation of the Regional Water 

13 System that are necessary for the safe, effi14 cient, and continued functioning of the Regional 

15 Water System to produce the benefits described 

16 in the Settlement Agreement. 

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

18 maintenance, and replacement costs’’ does not 

19 include construction costs or costs related to 

20 construction design and planning. 

21 (13) POJOAQUE BASIN.— 

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

23 Basin’’ means the geographic area limited by a 

24 surface water divide (which can be drawn on a 

25 topographic map), within which area rainfall 


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1 and runoff flow into arroyos, drainages, and 

2 named tributaries that eventually drain to— 

3 (i) the Rio Pojoaque; or 

4 (ii) the 2 unnamed arroyos imme5 diately south; and 

6 (iii) 2 arroyos (including the Arroyo 

7 Alamo) that are north of the confluence of 

8 the Rio Pojoaque and the Rio Grande. 

9 (B) INCLUSION.—The term ‘‘Pojoaque 

10 Basin’’ includes the San Ildefonso Eastern Res11 ervation recognized by section 8 of Public Law 

12 87–231 (75 Stat. 505). 

13 (14) PUEBLO.—The term ‘‘Pueblo’’ means each 

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

15 or Tesuque. 

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

17 collectively the Pueblos of Nambe, Pojoaque, San 

18 Ildefonso, and Tesuque. 

19 (16) PUEBLO LAND.—The term ‘‘Pueblo land’’ 

20 means any real property that is— 

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

22 a Pueblo within the Pojoaque Basin; 

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

24 Pojoaque Basin before the date on which a 

25 court approves the Settlement Agreement; or 


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

2 date on which a court approves the Settlement 

3 Agreement, if the real property is located— 

4 (I) within the exterior boundaries of 

5 the Pueblo, as recognized and conformed 

6 by a patent issued under the Act of De7 cember 22, 1858 (11 Stat. 374, chapter 

8 V); or 

9 (II) within the exterior boundaries of 

10 any territory set aside for the Pueblo by 

11 law, executive order, or court decree; 

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

13 United States in trust for the benefit of a 

14 Pueblo outside the Pojoaque Basin that is lo15 cated within the exterior boundaries of the 

16 Pueblo as recognized and confirmed by a patent 

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

18 Stat. 374, chapter V); or 

19 (D) within the exterior boundaries of any 

20 real property located outside the Pojoaque 

21 Basin set aside for a Pueblo by law, executive 

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

23 contiguous to land held by the United States in 

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

25 (17) PUEBLO WATER FACILITY.— 


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1 (A) IN GENERAL.—The term ‘‘Pueblo 

2 Water Facility’’ means— 

3 (i) a portion of the Regional Water 

4 System that serves only water customers 

5 on Pueblo land; and 

6 (ii) portions of a Pueblo water system 

7 in existence on the date of enactment of 

8 this Act that serve water customers on 

9 non-Pueblo land, also in existence on the 

10 date of enactment of this Act, or their suc11 cessors, that are— 

12 (I) depicted in the final project 

13 design, as modified by the drawings 

14 reflecting the completed Regional 

15 Water System; and 

16 (II) described in the Operating 

17 Agreement. 

18 (B) INCLUSIONS.—The term ‘‘Pueblo 

19 Water Facility’’ includes— 

20 (i) the barrier dam and infiltration 

21 project on the Rio Pojoaque described in 

22 the Engineering Report; and 

23 (ii) the Tesuque Pueblo infiltration 

24 pond described in the Engineering Report. 

25 (18) REGIONAL WATER SYSTEM.— 


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

2 Water System’’ means the Regional Water Sys3 tem described in section 101(a). 

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

5 Water System’’ does not include the County or 

6 Pueblo water supply delivered through the Re7 gional Water System. 

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

9 ‘‘San Juan-Chama Project’’ means the Project au10 thorized by section 8 of the Act of June 13, 1962 

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

12 Stat. 105). 

13 (20) SAN JUAN-CHAMA PROJECT ACT.—The 

14 term ‘‘San Juan-Chama Project Act’’ means sections 

15 8 through 18 of the Act of June 13, 1962 (76 Stat. 

16 96, 97). 

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

18 means the Secretary of the Interior. 

19 (22) SETTLEMENT AGREEMENT.—The term 

20 ‘‘Settlement Agreement’’ means the stipulated and 

21 binding agreement among the State, the Pueblos, 

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

23 January 19, 2006, and signed by all of the govern24 ment parties to the Settlement Agreement (other 


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

2 amended in conformity with this Act. 

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

4 State of New Mexico. 

5 TITLE I—POJOAQUE BASIN 

6 REGIONAL WATER SYSTEM 

7 SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

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

9 Commissioner of Reclamation, shall plan, design, and con10 struct a regional water system in accordance with the Set11 tlement Agreement, to be known as the ‘‘Regional Water 

12 System’’— 

13 (1) to divert and distribute water to the Pueb14 los and to the County Water Utility, in accordance 

15 with the Engineering Report; and 

16 (2) that consists of— 

17 (A) surface water diversion facilities at 

18 San Ildefonso Pueblo on the Rio Grande; and 

19 (B) any treatment, transmission, storage 

20 and distribution facilities and wellfields for the 

21 County Distribution System and Pueblo Water 

22 Facilities that are necessary to supply 4,000 

23 acre-feet of water within the Pojoaque Basin, 

24 unless modified in accordance with subsection 

25 (d)(2). 


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

2 issue a final project design within 90 days of completion 

3 of the environmental compliance described in section 106 

4 for the Regional Water System that— 

5 (1) is consistent with the Engineering Report; 

6 and 

7 (2) includes a description of any Pueblo Water 

8 Facilities. 

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

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

11 in exchange for the funding which shall be provided 

12 in section 107(c), the Pueblos shall consent to the 

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

14 be necessary for the construction of the Regional 

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

16 extent that the State or County own easements or 

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

18 the Regional Water System, the State or County 

19 shall provide that land or interest in land as nec20 essary for construction at no cost to the Secretary. 

21 The Secretary shall acquire any other land or inter22 est in land that is necessary for the construction of 

23 the Regional Water System. 


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

2 condemn water rights for purposes of the Regional 

3 Water System. 

4 (d) CONDITIONS FOR CONSTRUCTION.— 

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

6 begin construction of the Regional Water System fa7 cilities until the date on which— 

8 (A) the Secretary executes— 

9 (i) the Settlement Agreement; and 

10 (ii) the Cost-Sharing and System In11 tegration Agreement; and 

12 (B) the State and the County have entered 

13 into an agreement with the Secretary to con14 tribute the non-Federal share of the costs of the 

15 construction in accordance with the Cost-Shar16 ing and System Integration Agreement. 

17 (2) MODIFICATIONS TO REGIONAL WATER SYS18 TEM.— 

19 (A) IN GENERAL.—The State and the 

20 County, in agreement with the Pueblos, the 

21 City, and other signatories to the Cost-Sharing 

22 and System Integration Agreement, may modify 

23 the extent, size, and capacity of the County 

24 Distribution System as set forth in the Cost25 Sharing and System Integration Agreement. 


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1 (B) EFFECT.—A modification under sub2 paragraph (A)— 

3 (i) shall not affect implementation of 

4 the Settlement Agreement so long as the 

5 provisions in section 203 are satisfied; and 

6 (ii) may result in an adjustment of 

7 the State and County cost-share allocation 

8 as set forth in the Cost-Sharing and Sys9 tem Integration Agreement. 

10 (e) APPLICABLE LAW.—The Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 450 et seq.) 

12 shall not apply to the design and construction of the Re13 gional Water System. 

14 (f) CONSTRUCTION COSTS.— 

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

16 constructing the Pueblo Water Facilities, as deter17 mined by the final project design and the Engineer18 ing Report— 

19 (A) shall be at full Federal expense subject 

20 to the amount authorized in section 107(a)(1); 

21 and 

22 (B) shall be nonreimbursable to the United 

23 States. 

24 (2) COUNTY DISTRIBUTION SYSTEM.—The costs 

25 (1) PUEBLO WATER FACILITIES.— 


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

2 subparagraph (B), the expenditures of the Sec3 retary to construct the Pueblo Water Facilities 

4 under this section shall not exceed $106,400,000. 

5 (B) EXCEPTION.—The amount described in 

6 subparagraph (A) shall be increased or de7 creased, as appropriate, based on ordinary fluc8 tuations in construction costs since October 1, 

9 2006, as determined using applicable engineer10 ing cost indices. 

11 (2) COSTS TO PUEBLO.—The costs incurred by 

12 the Secretary in carrying out activities to construct 

13 the Pueblo Water Facilities under this section shall 

14 not be reimbursable to the United States. 

15 (3) COUNTY DISTRIBUTION SYSTEM.—The costs 

16 of constructing the County Distribution System shall 

17 be at State and local expense. 

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

19 State and local capital obligations for the Regional Water 

20 System described in the Cost-Sharing and System Integra21 tion Agreement shall be satisfied on the payment of the 

22 State and local capital obligations described in the Cost23 Sharing and System Integration Agreement. 

24 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA25 CILITIES.— 


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

2 completion of the construction of the Regional Water 

3 System, the Secretary, in accordance with the Oper4 ating Agreement, shall convey to— 

5 (A) each Pueblo the portion of any Pueblo 

6 Water Facility that is located within the bound7 aries of the Pueblo, including any land or inter8 est in land located within the boundaries of the 

9 Pueblo that is acquired by the United States 

10 for the construction of the Pueblo Water Facil11 ity; 

12 (B) the County the County Distribution 

13 System, including any land or interest in land 

14 acquired by the United States for the construc15 tion of the County Distribution System; and 

16 (C) the Authority any portions of the Re17 gional Water System that remain after making 

18 the conveyances under subparagraphs (A) and 

19 (B), including any land or interest in land ac20 quired by the United States for the construc21 tion of the portions of the Regional Water Sys22 tem. 

23 (2) CONDITIONS FOR CONVEYANCE.—The Sec24 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 is complete; and 

5 (B) the Operating Agreement is executed 

6 in accordance with section 102. 

7 (3) SUBSEQUENT CONVEYANCE.—On convey8 ance by the Secretary under paragraph (1), the 

9 Pueblos, the County, and the Authority shall not re10 convey any portion of the Regional Water System 

11 conveyed to the Pueblos, the County, and the Au12 thority, respectively, unless the reconveyance is au13 thorized by an Act of Congress enacted after the 

14 date of enactment of this Act. 

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

16 conveyance of a portion of the Regional Water Sys17 tem under paragraph (1), the United States shall 

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

19 portion of the Regional Water System conveyed. 

20 (5) ADDITIONAL CONSTRUCTION.—On convey21 ance of a portion of the Regional Water System 

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

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

24 Pueblos, County, or the Authority, construct any adVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 ditional infrastructure that is necessary to fully use 

2 the water delivered by the Regional Water System. 

3 (6) LIABILITY.— 

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

5 conveyance of any land or facility under this 

6 section, the United States shall not be held lia7 ble by any court for damages of any kind aris8 ing out of any act, omission, or occurrence re9 lating to the land and facilities conveyed, other 

10 than damages caused by acts of negligence by 

11 the United States, or by employees or agents of 

12 the United States, prior to the date of convey13 ance. 

14 (B) TORT CLAIMS.—Nothing in this sec15 tion increases the liability of the United States 

16 beyond the liability provided in chapter 171 of 

17 title 28, United States Code (commonly known 

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

19 (7) EFFECT.—Nothing in any transfer of own20 ership provided or any conveyance thereto as pro21 vided in this section shall extinguish the right of any 

22 Pueblo, the County, or the Regional Water Author23 ity to the continuous use and benefit of each ease24 ment or right of way for the use, operation, mainte25 nance, repair, and replacement of Pueblo Water FaVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 cilities, the County Distribution System or the Re2 gional Water System or for wastewater purposes as 

3 provided in the Cost-Sharing and System Integra4 tion Agreement. 

5 SEC. 102. OPERATING AGREEMENT. 

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

7 submit to the Secretary an executed Operating Agreement 

8 for the Regional Water System that is consistent with this 

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

10 System Integration Agreement not later than 180 days 

11 after the later of— 

12 (1) the date of completion of environmental 

13 compliance and permitting; or 

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

15 for the Regional Water System under section 

16 101(b). 

17 (b) APPROVAL.—Not later than 180 days after re18 ceipt of the operating agreement described in subsection 

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

20 upon determination that the Operating Agreement is con21 sistent with this Act, the Settlement Agreement, and the 

22 Cost-Sharing and System Integration Agreement. 

23 (c) CONTENTS.—The Operating Agreement shall in24 clude— 


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1 (1) provisions consistent with the Settlement 

2 Agreement and the Cost-Sharing and System Inte3 gration Agreement and necessary to implement the 

4 intended benefits of the Regional Water System de5 scribed in those documents; 

6 (2) provisions for— 

7 (A) the distribution of water conveyed 

8 through the Regional Water System, including 

9 a delineation of— 

10 (i) distribution lines for the County 

11 Distribution System; 

12 (ii) distribution lines for the Pueblo 

13 Water Facilities; and 

14 (iii) distribution lines that serve 

15 both— 

16 (I) the County Distribution Sys17 tem; and 

18 (II) the Pueblo Water Facilities; 

19 (B) the allocation of the Regional Water 

20 System capacity; 

21 (C) the terms of use of unused water ca22 pacity in the Regional Water System; 

23 (D) the construction of additional infra24 structure and the acquisition of associated 

25 rights-of-way or easements necessary to enable 


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1 any of the Pueblos or the County to fully use 

2 water allocated to the Pueblos or the County 

3 from the Regional Water System, including pro4 visions addressing when the construction of 

5 such additional infrastructure requires approval 

6 by the Authority; 

7 (E) the allocation and payment of annual 

8 operation, maintenance, and replacement costs 

9 for the Regional Water System, including the 

10 portions of the Regional Water System that are 

11 used to treat, transmit, and distribute water to 

12 both the Pueblo Water Facilities and the Coun13 ty Water Utility; 

14 (F) the operation of wellfields located on 

15 Pueblo land; 

16 (G) the transfer of any water rights nec17 essary to provide the Pueblo water supply de18 scribed in section 103(a); 

19 (H) the operation of the Regional Water 

20 System with respect to the water supply, includ21 ing the allocation of the water supply in accord22 ance with section 3.1.8.4.2 of the Settlement 

23 Agreement so that, in the event of a shortage 

24 of supply to the Regional Water System, the 

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1 ty’s distribution system shall be reduced on a 

2 prorata basis, in proportion to each distribution 

3 system’s most current annual use; and 

4 (I) dispute resolution; and 

5 (3) provisions for operating and maintaining 

6 the Regional Water System facilities before and 

7 after conveyance under section 101(h), including 

8 provisions to— 

9 (A) ensure that— 

10 (i) the operation of, and the diversion 

11 and conveyance of water by, the Regional 

12 Water System is in accordance with the 

13 Settlement Agreement; 

14 (ii) the wells in the Regional Water 

15 System are used in conjunction with the 

16 surface water supply of the Regional 

17 Water System to ensure a reliable firm 

18 supply of water to all users of the Regional 

19 Water System, consistent with the intent 

20 of the Settlement Agreement that surface 

21 supplies will be used to the maximum ex22 tent feasible; 

23 (iii) the respective obligations regard24 ing delivery, payment, operation, and man25 agement are enforceable; and 


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1 (iv) the County has the right to serve 

2 any new water users located on non-Pueblo 

3 land in the Pojoaque Basin; and 

4 (B) allow for any aquifer storage and re5 covery projects that are approved by the Office 

6 of the New Mexico State Engineer. 

7 (d) EFFECT.—Nothing in this Act precludes the Op8 erating Agreement from authorizing phased or interim op9 erations if the Regional Water System is constructed in 

10 phases. 

11 SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

12 THE REGIONAL WATER SYSTEM. 

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

14 reliable firm supply of water from the Regional Water Sys15 tem for the Pueblos in accordance with the Settlement 

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

17 shall— 

18 (1) acquire water rights to— 

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

20 described in section 2.6.2 of the Settlement 

21 Agreement pursuant to section 107(c)(1)(C); 

22 and 

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

24 the County for water rights commonly referred 


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

2 Case; 

3 (2) make available 1079 acre-feet to the Pueb4 los pursuant to a contract entered into among the 

5 Pueblos and the Secretary in accordance with sec6 tion 11 of the San Juan-Chama Project Act, under 

7 water rights held by the Secretary; and 

8 (2) enter into a contract with the Pueblos for 

9 1,079 acre-feet in accordance with section 11 of the 

10 San Juan-Chama Project Act; and 

11 (3) by application to the State Engineer, ob12 tainseek approval to divert the water acquired and 

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

14 points of diversion for the Regional Water System, 

15 consistent with the Settlement Agreement and the 

16 Cost-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) APPLICABLE LAW.—The water supply made 

25 available pursuant to subsection (a)(2) shall be subject to 


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1 the San Juan-Chama Project Act, and no preference shall 

2 be provided to the Pueblos as a result of subsection (c) 

3 with regard to the delivery or distribution of San Juan4 Chama Project water or the management or operation of 

5 the San Juan-Chama Project. 

6 (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT

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

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

9 Juan-Chama Project contract shall be pursuant to the fol10 lowing terms: 

11 (1) WAIVERS.—Notwithstanding the provisions 

12 of the San Juan-Chama Project Act, or any other 

13 provision of law— 

14 (A) the Secretary shall waive the entirety 

15 of the Pueblos’ share of the construction costs 

16 for the San Juan-Chama Project, and pursuant 

17 to that waiver, the Pueblos’ share of all con18 struction costs for the San Juan-Chama 

19 Project, inclusive of both principal and interest, 

20 due from 1972 to the execution of the contract 

21 required by subsection (a)(2), shall be nonreim22 bursable; 

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

24 share of the construction costs for the San 

25 Juan-Chama Project will not result in an inVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 crease in the pro rata shares of other San 

2 Juan-Chama Project water contractors, but 

3 such costs shall be absorbed by the United 

4 States Treasury or otherwise appropriated to 

5 the Department of the Interior; and 

6 (C) the costs associated with any water 

7 made available from the San Juan-Chama 

8 Project which were determined nonreimbursable 

9 and nonreturnable pursuant to Public Law No. 

10 88–293, 78 Stat. 171 (March 26, 1964), shall 

11 remain nonreimbursable and nonreturnable. 

12 (2) TERMINATION.—The contract shall provide 

13 that it shall terminate only upon the following condi14 tions— 

15 (A) failure of the United States District 

16 Court for the District of New Mexico to enter 

17 a final decree for the Aamodt Case by Decem18 ber 15, 2012, or within the time period of any 

19 extension of that deadline granted by the court; 

20 or 

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

22 District Court for the District of New Mexico 

23 voiding the final decree and Settlement Agree24 ment for the Aamodt Case pursuant to section 

25 10.3 of the Settlement Agreement. 


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1 (f) LIMITATION.—The Secretary shall use the water 

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

3 described in the Settlement Agreement. 

4 (g) FULFILLMENT OF WATER SUPPLY ACQUISITION

5 OBLIGATIONS.—Compliance with subsections (a) through 

6 (f) shall satisfy any and all obligations of the Secretary 

7 to acquire or secure a water supply for the Pueblos pursu8 ant to the Settlement Agreement. 

9 (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE10 MENT UNAFFECTED.—Notwithstanding the provisions of 

11 subsections (a) through (g), the Pueblos, the County or 

12 the Regional Water Authority may acquire any additional 

13 water rights to ensure all parties to the Settlement Agree14 ment receive the full allocation of water provided by the 

15 Settlement Agreement and nothing in this Act amends or 

16 modifies the quantities of water allocated to the Pueblos 

17 thereunder. 

18 SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 

19 WATER SYSTEM CAPACITY AND WATER. 

20 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA21 PACITY.— 

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

23 shall have the capacity to divert from the Rio 

24 Grande a quantity of water sufficient to provide— 


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1 (A) up to 4,000 acre-feet of consumptive 

2 use of water; and 

3 (B) the requisite peaking capacity de4 scribed in— 

5 (i) the Engineering Report; and 

6 (ii) the final project design. 

7 (2) ALLOCATION TO THE PUEBLOS AND COUN8 TY WATER UTILITY.—Of the capacity described in 

9 paragraph (1)— 

10 (A) there shall be allocated to the Pueb11 los— 

12 (i) sufficient capacity for the convey13 ance of 2,500 acre-feet consumptive use; 

14 and 

15 (ii) the requisite peaking capacity for 

16 the quantity of water described in clause 

17 (i); and 

18 (B) there shall be allocated to the County 

19 Water Utility— 

20 (i) sufficient capacity for the convey21 ance of up to 1,500 acre-feet consumptive 

22 use; and 

23 (ii) the requisite peaking capacity for 

24 the quantity of water described in clause 

25 (i). 


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1 (3) APPLICABLE LAW.—Water shall be allo2 cated to the Pueblos and the County Water Utility 

3 under this subsection in accordance with— 

4 (A) this title; 

5 (B) the Settlement Agreement; and 

6 (C) the Operating Agreement. 

7 (b) DELIVERY OF REGIONAL WATER SYSTEM

8 WATER.—The Authority shall deliver water from the Re9 gional Water System— 

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

11 to allow full consumptive use of up to 2,500 acre12 feet per year of water rights by the Pueblos in ac13 cordance with— 

14 (A) the Settlement Agreement; 

15 (B) the Operating Agreement; and 

16 (C) this title; and 

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

18 to allow full consumptive use of up to 1,500 acre19 feet per year of water rights by the County Water 

20 Utility in accordance with— 

21 (A) the Settlement Agreement; 

22 (B) the Operating Agreement; and 

23 (C) this title. 


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1 (c) ADDITIONAL USE OF ALLOCATION QUANTITY

2 AND UNUSED CAPACITY.—The Regional Water System 

3 may be used to— 

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

5 allow for full consumptive use of the water allocated 

6 in the Settlement Agreement to each of the Pueblos 

7 and to the County; and 

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

9 or the County Water Utility for the benefit of an10 other Pueblo or the County Water Utility or allow 

11 use of unused capacity by each other through the 

12 Regional Water System in accordance with an inter13 governmental agreement between the Pueblos, or be14 tween a Pueblo and County Water Utility, as appli15 cable, if— 

16 (A) such intergovernmental agreements are 

17 consistent with the Operating Agreement, the 

18 Settlement Agreement, and this Act; 

19 (B) capacity is available without reducing 

20 water delivery to any Pueblo or the County 

21 Water Utility in accordance with the Settlement 

22 Agreement, unless the County Water Utility or 

23 Pueblo contracts for a reduction in water deliv24 ery or Regional Water System capacity; 


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1 (C) the Pueblo or County Water Utility 

2 contracting for use of the unused capacity or 

3 water has the right to use the water under ap4 plicable law; and 

5 (D) any agreement for the use of unused 

6 capacity or water provides for payment of the 

7 operation, maintenance, and replacement costs 

8 associated with the use of capacity or water. 

9 SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 

10 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

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

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

13 Settlement Pueblos’ Fund,’’ consisting of— 

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

15 Fund under section 107(c) or other authorized 

16 sources; and 

17 (2) any interest earned from investment of 

18 amounts in the Fund under subsection (b). 

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

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

21 make amounts available from the Fund for distribution 

22 to the Pueblos in accordance with— 

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

25 and 


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1 (2) this Act. 

2 (c) INVESTMENT OF THE FUND.—On the date set 

3 forth in section 203(a)(1), the Secretary shall invest 

4 amounts in the Fund in accordance with— 

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

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

7 1938 (25 U.S.C. 162a); and 

8 (3) the American Indian Trust Fund Manage9 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

10 (d) TRIBAL MANAGEMENT PLAN.— 

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

12 or part of the Pueblo’s portion of the Fund on ap13 proval by the Secretary of a tribal management plan 

14 as described in the American Indian Trust Fund 

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

16 et seq.). 

17 (2) REQUIREMENTS.—In addition to the re18 quirements under the American Indian Trust Fund 

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

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

21 that a Pueblo spend any amounts withdrawn from 

22 the Fund in accordance with the purposes described 

23 in section 107(c). 

24 (3) ENFORCEMENT.—The Secretary may take 

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1 sions of any tribal management plan to ensure that 

2 any amounts withdrawn from the Fund under an 

3 approved tribal management plan are used in ac4 cordance with this title. 

5 (4) LIABILITY.—If a Pueblo or the Pueblos ex6 ercise the right to withdraw amounts from the 

7 Fund, neither the Secretary nor the Secretary of the 

8 Treasury shall retain any liability for the expendi9 ture or investment of the amounts withdrawn. 

10 (5) EXPENDITURE PLAN.— 

11 (A) IN GENERAL.—The Pueblos shall sub12 mit to the Secretary for approval an expendi13 ture plan for any portion of the amounts in the 

14 Fund that the Pueblos do not withdraw under 

15 this subsection. 

16 (B) DESCRIPTION.—The expenditure plan 

17 shall describe the manner in which, and the 

18 purposes for which, amounts remaining in the 

19 Fund will be used. 

20 (C) APPROVAL.—On receipt of an expendi21 ture plan under subparagraph (A), the Sec22 retary shall approve the plan if the Secretary 

23 determines that the plan is reasonable and con24 sistent with this Act, the Settlement AgreeVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 ment, and the Cost-Sharing and System Inte2 gration Agreement. 

3 (D) ANNUAL REPORT.—The Pueblos shall 

4 submit to the Secretary an annual report that 

5 describes all expenditures from the Fund during 

6 the year covered by the report. 

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

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

9 accruing on the principal shall be distributed to any 

10 member of a Pueblo on a per capita basis. 

11 (7) AVAILABILITY OF AMOUNTS FROM THE

12 FUND.— 

13 (A) APPROVAL OF SETTLEMENT AGREE14 MENT.—Amounts made available under sub15 paragraphs (A) and (C) of section 107(c)(1) or 

16 from other authorized sources shall be available 

17 for expenditure or withdrawal only after the 

18 date on which the United States District Court 

19 for the District of New Mexico issues an order 

20 approving the Settlement Agreement. 

21 (B) COMPLETION OF CERTAIN PORTIONS

22 OF REGIONAL WATER SYSTEM.—Amounts made 

23 available under section 107(c)(1)(B) or from 

24 other authorized sources shall be available for 

25 expenditure or withdrawal only after those porVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 tions of the Regional Water System described 

2 in section 1.5.24 of the Settlement Agreement 

3 have been declared substantially complete by 

4 the Secretary. 

5 (C) FAILURE TO FULFILL CONDITIONS

6 PRECEDENT.—If the conditions precedent in 

7 section 203 have not been fulfilled by Sep8 tember 15, 2017, the United States shall be en9 titled to set off any funds expended or with10 drawn from the amounts appropriated pursuant 

11 to section 107(c), together with any interest ac12 crued, against any claims asserted by the Pueb13 los against the United States relating to the 

14 water rights in the Pojoaque Basin. 

15 SEC. 106. ENVIRONMENTAL COMPLIANCE. 

16 (a) IN GENERAL.—In carrying out this title, the Sec17 retary shall comply with each law of the Federal Govern18 ment relating to the protection of the environment, includ19 ing— 

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.). 

24 (b) NATIONAL ENVIRONMENTAL POLICY ACT.— 

25 Nothing in this Act affects the outcome of any analysis 


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1 conducted by the Secretary or any other Federal official 

2 under the National Environmental Policy Act of 1969 (42 

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

4 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) REGIONAL WATER SYSTEM.— 

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

7 there is authorized to be appropriated to the Sec8 retary for the planning, design, and construction of 

9 the Regional Water System and the conduct of 

10 environmental compliance activities under section 

11 106 a total of $106,400,000 between fiscal years 

12 2010 and 2022.ronmental compliance activities 

13 under section 106 an amount not to exceed 

14 $106,400,000, as adjusted under paragraph (3), for 

15 the period of fiscal years 2010 through 2022, to re16 main available until expended. 

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

18 authorized under paragraph (1), the Secretary shall 

19 give priority to funding— 

20 (A) the construction of the San Ildefonso 

21 portion of the Regional Water System, con22 sisting of— 

23 (i) the surface water diversion, treat24 ment, and transmission facilities at San 

25 Ildefonso Pueblo; and 


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1 (ii) the San Ildefonso Pueblo portion 

2 of the Pueblo Water Facilities; and 

3 (B) that part of the Regional Water Sys4 tem providing 475 acre-feet to Pojoaque Pueblo 

5 pursuant to section 2.2 of the Settlement 

6 Agreement. 

7 (3) ADJUSTMENT.—The amount authorized 

8 under paragraph (1) shall be adjusted annually to 

9 account for increases in construction costs since Oc10 tober 1, 2006, as determined using applicable engi11 neering cost indices. 

12 (4) LIMITATIONS.— 

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

14 made available under paragraph (1) for the 

15 construction of the Regional Water System 

16 until the date on which the United States Dis17 trict Court for the District of New Mexico 

18 issues an order approving the Settlement Agree19 ment. 

20 (B) RECORD OF DECISION.—No amounts 

21 made available under paragraph (1) shall be ex22 pended unless the record of decision issued by 

23 the Secretary after completion of an environ24 mental impact statement provides for a pre25 ferred alternative that is in substantial compliVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 ance with the proposed Regional Water System, 

2 as defined in the Engineering Report. 

3 (b) ACQUISITION OF WATER RIGHTS.—There is au4 thorized to be appropriated to the Secretary funds for the 

5 acquisition of the water rights under section 

6 103(a)(1)(B)— 

7 (1) in the amount of $5,400,000.00 if such ac8 quisition is completed by December 31, 2010; and 

9 (2) the amount authorized under paragraph 

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

11 Index commencing January 1, 2011. 

12 (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 

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

14 appropriated to the Fund the following amounts for 

15 the period of fiscal years 2010 through 2022: 

16 (A) $15,000,000, which shall be allocated 

17 to the Pueblos, in accordance with section 2.7.1 

18 of the Settlement Agreement, for the rehabilita19 tion, improvement, operation, maintenance, and 

20 replacement of the agricultural delivery facili21 ties, waste water systems, and other water-re22 lated infrastructure of the applicable Pueblo. 

23 The amount authorized herein shall be adjusted 

24 according to the CPI Urban Index commencing 

25 October 1, 2006. 


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

2 to an account, to be established not later than 

3 January 1, 2016, to assist the Pueblos in pay4 ing the Pueblos’ share of the cost of operating, 

5 maintaining, and replacing the Pueblo Water 

6 Facilities and the Regional Water System. 

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

8 which shall be allocated to the Pueblo of Nambe 

9 for the acquisition of the Nambe reserved water 

10 rights in accordance with section 103(a)(1)(A). 

11 The amount authorized herein shall be adjusted 

12 according to the CPI Urban Index commencing 

13 January 1, 2011. The funds provided under 

14 this section may be used by the Pueblo of 

15 Nambe only for the acquisition of land, other 

16 real property interests, or economic develop17 ment. 

18 (2) OPERATION, MAINTENANCE, AND REPLACE19 MENT COSTS.— 

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

21 the Regional Water System pursuant to section 

22 101, the Secretary is authorized to and shall 

23 pay any operation, maintenance or replacement 

24 costs associated with the Pueblo Water Facili25 ties or the Regional Water System up to an 


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1 amount that does not exceed $5,000,000, which 

2 is authorized to be appropriated to the Sec3 retary. 

4 (B) OBLIGATION OF THE FEDERAL GOV5 ERNMENT AFTER COMPLETION.—Except as 

6 provided in section 103(a)(4)(B), after con7 struction of the Regional Water System is com8 pleted and the amounts required to be deposited 

9 in the account have been deposited under this 

10 section the Federal Government shall have no 

11 obligation to pay for the operation, mainte12 nance, and replacement costs of the Regional 

13 Water System. 

14 (B) OBLIGATION OF FEDERAL GOVERNMENT

15 AFTER COMPLETION.—The amount authorized 

16 under subparagraph (A) shall expire after the 

17 date on which construction of the Regional 

18 Water System is completed and the amounts re19 quired to be deposited in the account have been 

20 deposited under this section by the Federal Gov21 ernment. 


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1 TITLE II—POJOAQUE BASIN IN2 DIAN WATER RIGHTS SETTLE3 MENT 

4 SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT AP5 PROVAL. 

6 (a) APPROVAL.—To the extent the Settlement Agree7 ment and the Cost-Sharing and System Integration Agree8 ment do not conflict with this Act, the Settlement Agree9 ment and the Cost-Sharing and System Integration Agree10 ment (including any amendments to the Settlement Agree11 ment and the Cost-Sharing and System Integration Agree12 ment that are executed to make the Settlement Agreement 

13 or the Cost-Sharing and System Integration Agreement 

14 consistent with this Act) are authorized, ratified, and con15 firmed. 

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

17 Agreement and the Cost-Sharing and System Integration 

18 Agreement do not conflict with this Act, the Secretary 

19 shall execute the Settlement Agreement and the Cost20 Sharing and System Integration Agreement (including 

21 any amendments that are necessary to make the Settle22 ment Agreement or the Cost-Sharing and System Integra23 tion Agreement consistent with this Act). 

24 (c) AUTHORITIES OF THE PUEBLOS.— 


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

2 enter into contracts to lease or exchange water 

3 rights or to forbear undertaking new or expanded 

4 water uses for water rights recognized in section 2.1 

5 of the Settlement Agreement for use within the 

6 Pojoaque Basin in accordance with the other limita7 tions of section 2.1.5 of the Settlement Agreement 

8 provided that section 2.1.5 is amended accordingly. 

9 (2) EXECUTION.—The Secretary shall not exe10 cute the Settlement Agreement until such amend11 ment is accomplished under paragraph (1). 

12 (3) APPROVAL BY SECRETARY.—Consistent 

13 with the Settlement Agreement as amended under 

14 paragraph (1), the Secretary shall approve or dis15 approve a lease entered into under paragraph (1). 

16 (4) PROHIBITION ON PERMANENT ALIEN17 ATION.—No lease or contract under paragraph (1) 

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

19 such lease or contract provide for permanent alien20 ation of any portion of the water rights made avail21 able to the Pueblos under the Settlement Agreement. 

22 (5) APPLICABLE LAW.—Section 2116 of the Re23 vised Statutes (25 U.S.C. 177) shall not apply to 

24 any lease or contract entered into under paragraph 

25 (1). 


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1 (6) LEASING OR MARKETING OF WATER SUP2 PLY.—The water supply provided on behalf of the 

3 Pueblos pursuant to section 103(a)(1) may only be 

4 leased or marketed by any of the Pueblos pursuant 

5 to the intergovernmental agreements described in 

6 section 104(c)(2). 

7 (d) AMENDMENTS TO CONTRACTS.—The Secretary 

8 shall amend the contracts relating to the Nambe Falls 

9 Dam and Reservoir that are necessary to use water sup10 plied from the Nambe Falls Dam and Reservoir in accord11 ance with the Settlement Agreement. 

12 SEC. 202. ENVIRONMENTAL COMPLIANCE. 

13 (a) EFFECT OF EXECUTION OF SETTLEMENT

14 AGREEMENT.—The execution of the Settlement Agree15 ment under section 201(b) shall not constitute a major 

16 Federal action under the National Environmental Policy 

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

18 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

19 carrying out this Act, the Secretary shall comply with each 

20 law of the Federal Government relating to the protection 

21 of the environment, including— 

22 (1) the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.); and 

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

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


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1 SEC. 203. 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 by 

7 September 15, 2017, a statement of finding that the 

8 conditions have been fulfilled. 

9 (2) REQUIREMENTS.—The conditions precedent 

10 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 204, 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 107, 

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

24 section, by December 15, 2016; 


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1 (D) the Secretary has acquired and entered 

2 into appropriate contracts for the water rights 

3 described in section 103(a); 

4 (E) for purposes of section 103(a), permits 

5 have been issued by the New Mexico State Engi6 neer to the Regional Water Authority to change 

7 the points of diversion to the mainstem of the 

8 Rio Grande for the diversion and consumptive 

9 use of at least 2,381 acre-feet by the Pueblos as 

10 part of the water supply for the Regional Water 

11 System, subject to the conditions that— 

12 (i) the permits shall be free of any con13 dition that materially adversely affects the 

14 ability of the Pueblos or the Regional Water 

15 Authority to divert or use the Pueblo water 

16 supply described in section 103(a), includ17 ing water rights acquired in addition to 

18 those described in section 103(a), in accord19 ance with section 103(g); and 

20 (ii) the Settlement Agreement shall es21 tablish the means to address any permit 

22 conditions to ensure the ability of the Pueb23 los to fully divert and consume at least 

24 2,381 acre-feet as part of the water supply 

25 for the Regional Water System, including 


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1 defining the conditions that will not con2 stitute a material adverse affect; 

3 (D)(F) the State has enacted any nec4 essary legislation and provided any funding that 

5 may be required under the Settlement Agree6 ment; 

7 (E)(G) a partial final decree that sets forth 

8 the water rights and other rights to water to 

9 which the Pueblos are entitled under the Settle10 ment Agreement and this title and that sub11 stantially conforms to the Settlement Agree12 ment has been approved by the United States 

13 District Court for the District of New Mexico; 

14 and 

15 (F)(H) a final decree that sets forth the 

16 water rights for all parties to the Aamodt Case 

17 and that substantially conforms to the Settle18 ment Agreement has been approved by the 

19 United States District Court for the District of 

20 New Mexico by June 15, 2017. 

21 (b) EXPIRATION DATE.—If all the conditions prece22 dent described in subsection (a)(2) have not been fulfilled 

23 by September 15, 2017— 


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1 (1) the Settlement Agreement and this Act in2 cluding waivers described in those documents shall 

3 no longer be effective; and 

4 (2) any funds that have been appropriated 

5 under this Act but not expended shall immediately 

6 revert to the general fund of the United States 

7 Treasury. 

8 (c) ENFORCEMENT DATE.—The Settlement Agree9 ment shall become enforceable as of the date that the 

10 United States District Court for the District of New Mex11 ico enters a partial final decree pursuant to subsection 

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

13 with the Settlement Agreement. 

14 (d) EFFECTIVENESS OF WAIVERS.—The waivers and 

15 releases executed pursuant to section 204 shall become ef16 fective as of the date that the Secretary publishes the no17 tice required by subsection (a)(1). 

18 (e) REQUIREMENTS FOR DETERMINATION OF SUB19 STANTIAL COMPLETION OF THE REGIONAL WATER SYS20 TEM.— 

21 (1) CRITERIA FOR SUBSTANTIAL COMPLETION

22 OF REGIONAL WATER SYSTEM.—Subject to the pro23 visions in section 101(d) concerning the extent, size, 

24 and capacity of the County Distribution System, the 

25 Regional Water System shall be determined to be 


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1 substantially completed if the infrastructure has 

2 been constructed capable of— 

3 (A) diverting, treating, transmitting, and 

4 distributing a supply of 2,500 acre-feet of water 

5 to the Pueblos; and 

6 (B) diverting, treating, and transmitting 

7 the quantity of water specified in the Engineer8 ing Report to the County Distribution System. 

9 (2) CONSULTATION.—On or after June 30, 

10 2021, at the request of 1 or more of the Pueblos, 

11 the Secretary shall consult with the Pueblos and 

12 confer with the County and the State on whether the 

13 criteria in paragraph (1) for substantial completion 

14 of the Regional Water System have been met or will 

15 be met by June 30, 2024. 

16 (3) RIGHT TO VOID FINAL DECREE.—If the 

17 substantial completion criteria have not been met by 

18 June 15, 2021, after the consultation required by 

19 paragraph (2), the Pueblos or the United States as 

20 trustee for the Pueblos have until midnight June 30, 

21 2024 to ask the Decree Court to void the Final De22 cree pursuant to section 10.3 of the Settlement 

23 Agreement. 

24 (f) VOIDING OF WAIVERS.—If the Court determines 

25 the Final Decree is voided pursuant to Section 10.3 of 


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1 the Settlement Agreement, the Settlement Agreement 

2 shall no longer be effective, the waivers and releases exe3 cuted pursuant to section 204 shall no longer be effective, 

4 and any unexpended Federal funds, together with any in5 come earned thereon, and title to any property acquired 

6 or constructed with expended Federal funds, shall be re7 turned to the Federal Government unless otherwise agreed 

8 to by the Pueblos and the United States in writing and 

9 approved by Congress. 

10 (3) WRITTEN DETERMINATION BY SECRETARY.— 

11 Not earlier than June 30, 2021, at the request of 1 

12 or more of the Pueblos and after the consultation re13 quired by paragraph (2), the Secretary shall— 

14 (A) determine whether the Regional Water 

15 System has been substantially completed based 

16 on the criteria described in paragraph (1); and 

17 (B) submit a written notice of the deter18 mination under subparagraph (A) to— 

19 (i) the Pueblos; 

20 (ii) the County; and 

21 (iii) the State. 

22 (4) RIGHT TO REVIEW.— 

23 (A) IN GENERAL.—A determination by the 

24 Secretary under paragraph (3)(A) shall be con25 sidered to be a final agency action subject to juVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\S1105.RS S1105

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1 dicial review by the Decree Court under sections 

2 701 through 706 of title 5, United States Code. 

3 (B) FAILURE TO MAKE TIMELY DETERMINA4 TION.— 

5 (i) IN GENERAL.—If a Pueblo requests 

6 a written determination under paragraph 

7 (3) and the Secretary fails to make such a 

8 written determination by the date described 

9 in clause (ii), there shall be a rebuttable 

10 presumption that the failure constitutes 

11 agency action unlawfully withheld or un12 reasonably delayed under section 706 of 

13 title 5, United States Code. 

14 (ii) DATE.—The date referred to in 

15 clause (i) is the date that is the later of— 

16 (I) the date that is 180 days after 

17 the date of receipt by the Secretary of 

18 the request by the Pueblo; and 

19 (II) June 30, 2023. 

20 (C) EFFECT OF ACT.—Nothing in this Act 

21 gives any Pueblo or Settlement Party the right 

22 to judicial review of a determination of the Sec23 retary regarding whether the Regional Water 

24 System has been substantially completed except 

25 under subchapter II of chapter 5, and chapter 7, 


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1 of title 5, United States Code (commonly known 

2 as the ‘‘Administrative Procedure Act’’). 

3 (5) RIGHT TO VOID FINAL DECREE.— 

4 (A) IN GENERAL.—Not later than June 30, 

5 2024, on a determination by the Secretary, after 

6 consultation with the Pueblos, that the Regional 

7 Water System is not substantially complete, 1 or 

8 more of the Pueblos, or the United States acting 

9 on behalf of a Pueblo, shall have the right to no10 tify the Decree Court of the determination. 

11 (B) EFFECT.—The Final Decree shall have 

12 no force or effect on a finding by the Decree 

13 Court that a Pueblo, or the United States acting 

14 on behalf of a Pueblo, has submitted proper noti15 fication under subparagraph (A). 

16 (f) VOIDING OF WAIVERS.—If the Final Decree is void 

17 under subsection (e)(5)— 

18 (1) the Settlement Agreement shall no longer be 

19 effective; 

20 (2) the waivers and releases executed pursuant to 

21 section 204 shall no longer be effective; and 

22 (3) any unexpended Federal funds, together with 

23 any interest earned on those funds, and title to any 

24 property acquired or constructed with expended Fed25 eral funds shall be returned to the Federal GovernVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\S1105.RS S1105

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1 ment, unless otherwise agreed to by the Pueblos and 

2 the United States and approved by Congress. 

3 SEC. 204. WAIVERS AND RELEASES. 

4 (a) CLAIMS BY THE PUEBLOS AND THE UNITED

5 STATES.—In return for recognition of the Pueblos’ water 

6 rights and other benefits, including waivers and releases 

7 by non-Pueblo parties, as set forth in the Settlement 

8 Agreement and this Act, the Pueblos, on behalf of them9 selves and their members, and the United States acting 

10 in its capacity as trustee for the Pueblos are authorized 

11 to execute a waiver and release of— 

12 (1) all claims for water rights in the Pojoaque 

13 Basin that the Pueblos, or the United States acting 

14 in its capacity as trustee for the Pueblos, asserted, 

15 or could have asserted, in any proceeding, including 

16 the Aamodt Case, up to and including the waiver ef17 fectiveness date identified in section 203(d), except 

18 to the extent that such rights are recognized in the 

19 Settlement Agreement or this Act; 

20 (2) all claims for water rights for lands in the 

21 Pojoaque Basin and for rights to use water in the 

22 Pojoaque Basin that the Pueblos, or the United 

23 States acting in its capacity as trustee for the Pueb24 los, might be able to otherwise assert in any pro25 ceeding not initiated on or before the date of enactVerDate Nov 24 2008 21:59 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.RS S1105

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1 ment of this title, except to the extent that such 

2 rights are recognized in the Settlement Agreement 

3 or this Act; 

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

5 water rights or claims of interference with, diversion 

6 or taking of water (including claims for injury to 

7 land resulting from such damages, losses, injuries, 

8 interference with, diversion, or taking) for land with9 in the Pojoaque Basin that accrued at any time up 

10 to and including the waiver effectiveness date identi11 fied in section 203(d); 

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

13 claims previously asserted therein by other parties to 

14 the Settlement Agreement; 

15 (5) all pending and future inter se challenges to 

16 the quantification and priority of water rights of 

17 non-Pueblo wells in the Pojoaque Basin, except as 

18 provided by section 2.8 of the Settlement Agree19 ment; 

20 (6) all pending and future inter se challenges 

21 against other parties to the Settlement Agreement; 

22 (7) all claims for damages, losses, or injuries to 

23 water rights or claims of interference with, diversion 

24 or taking of water (including claims for injury to 

25 land resulting from such damages, losses, injuries, 


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1 interference with, diversion, or taking of water) at2 tributable to City of Santa Fe pumping of ground3 water that has effects on the ground and surface 

4 water supplies of the Pojoaque Basin, provided that 

5 this waiver shall not be effective by the Pueblo of 

6 Tesuque unless there is a water resources agreement 

7 executed between the Pueblo of Tesuque and the 

8 City of Santa Fe; and 

9 (8) all claims for damages, losses, or injuries to 

10 water rights or claims of interference with, diversion 

11 or taking of water (including claims for injury to 

12 land resulting from such damages, losses, injuries, 

13 interference with, diversion, or taking of water) at14 tributable to County of Santa Fe pumping of 

15 groundwater that has effects on the ground and sur16 face water supplies of the Pojoaque Basin; and. 

17 (9) all claims for damages, losses, or injuries, 

18 or for injunctive or other relief, because of the condi19 tion of, or changes in, the concentration of naturally 

20 occurring constituents of ground and surface water 

21 in the Pojoaque Basin arising out of the diversion of 

22 water pursuant to water rights recognized by the 

23 final decree. 

24 (b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED

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


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1 members, are authorized to execute a waiver and release 

2 of— 

3 (1) all claims against the United States, its 

4 agencies, or employees, relating to claims for water 

5 rights in or water of the Pojoaque Basin or for 

6 rights to use water in the Pojoaque Basin that the 

7 United States acting in its capacity as trustee for 

8 the Pueblos asserted, or could have asserted, in any 

9 proceeding, including the Aamodt Case; 

10 (2) all claims against the United States, its 

11 agencies, or employees relating to damages, losses, 

12 or injuries to water, water rights, land, or natural 

13 resources due to loss of water or water rights (in14 cluding damages, losses or injuries to hunting, fish15 ing, gathering or cultural rights due to loss of water 

16 or water rights; claims relating to interference with, 

17 diversion or taking of water or water rights; or 

18 claims relating to failure to protect, acquire, replace, 

19 or develop water, water rights or water infrastruc20 ture) within the Pojoaque Basin that first accrued 

21 at any time up to and including the waiver effective22 ness date identified in section 203(d); 

23 (3) all claims against the United States, its 

24 agencies, or employees for an accounting of funds 

25 appropriated by Acts, including the Act of December 


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1 22, 1927 (45 Stat. 2), the Act of March 4, 1929 (45 

2 Stat. 1562), the Act of March 26, 1930 (46 Stat. 

3 90), the Act of February 14, 1931 (46 Stat. 1115), 

4 the Act of March 4, 1931 (46 Stat. 1552), the Act 

5 of July 1, 1932 (47 Stat. 525), the Act of June 22, 

6 1936 (49 Stat. 1757), the Act of August 9, 1937 

7 (50 Stat. 564), and the Act of May 9, 1938 (52 

8 Stat. 291), as authorized by the Pueblo Lands Act 

9 of June 7, 1924 (43 Stat. 636), and the Pueblo 

10 Lands Act of May 31, 1933 (48 Stat. 108), and for 

11 breach of Trust relating to funds for water replace12 ment appropriated by said Acts that first accrued 

13 before the date of enactment of this Act; 

14 (4) all claims against the United States, its 

15 agencies, or employees relating to the pending litiga16 tion of claims relating to the Pueblos’ water rights 

17 in the Aamodt Case; and 

18 (5) all claims against the United States, its 

19 agencies, or employees relating to the negotiation, 

20 Execution or the adoption of the Settlement Agree21 ment, exhibits thereto, the Partial Final Decree, the 

22 Final Decree, or this Act. 

23 (c) RESERVATION OF RIGHTS AND RETENTION OF

24 CLAIMS.—Notwithstanding the waivers and releases au25 thorized in this Act, the Pueblos on behalf of themselves 


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1 and their members and the United States acting in its 

2 capacity as trustee for the Pueblos retain.— 

3 (1) all claims for enforcement of the Settlement 

4 Agreement, the Cost-Sharing and System Integra5 tion Agreement, the Final Decree, including the Par6 tial Final Decree, the San Juan-Chama Project con7 tract between the Pueblos and the United States or 

8 this Act; 

9 (2) all rights to use and protect water rights ac10 quired after the date of enactment of this Act; 

11 (3) all rights to use and protect water rights ac12 quired pursuant to state law to the extent not incon13 sistent with the Partial Final Decree, Final Decree, 

14 and the Settlement Agreement; 

15 (4) all claims against persons other than Par16 ties to the Settlement Agreement for damages, losses 

17 or injuries to water rights or claims of interference 

18 with, diversion or taking of water (including claims 

19 for injury to lands resulting from such damages, 

20 losses, injuries, interference with, diversion, or tak21 ing of water) within the Pojoaque Basin arising out 

22 of activities occurring outside the Pojoaque Basin; 

23 (5) all claims relating to activities affecting the 

24 quality of water including any claims the Pueblos 

25 may have under the Comprehensive Environmental 


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1 Response, Compensation, and Liability Act of 1980 

2 (42 U.S.C. 9601 et seq.) (including claims for dam3 ages to natural resources), the Safe Drinking Water 

4 Act (42 U.S.C. 300f et seq.), the Federal Water Pol5 lution Control Act (33 U.S.C. 1251 et seq.), and the 

6 regulations implementing those laws; 

7 (6) all claims against the United States relating 

8 to damages, losses, or injuries to land or natural re9 sources not due to loss of water or water rights (in10 cluding hunting, fishing, gathering or cultural 

11 rights); 

12 (7) all claims for water rights from water 

13 sources outside the Pojoaque Basin for land outside 

14 the Pojoaque Basin owned by a Pueblo or held by 

15 the United States for the benefit of any of the Pueb16 los; and 

17 (8) all rights, remedies, privileges, immunities, 

18 powers and claims not specifically waived and re19 leased pursuant to this Act or the Settlement Agree20 ment. 

21 (d) EFFECT OF SECTION.—Nothing in the Settle22 ment Agreement or this Act— 

23 (1) affects the ability of the United States act24 ing in its sovereign capacity to take actions author25 ized by law, including any laws relating to health, 


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1 safety, or the environment, including the Com2 prehensive Environmental Response, Compensation, 

3 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

4 the Safe Drinking Water Act (42 U.S.C. 300f et 

5 seq.), the Federal Water Pollution Control Act (33 

6 U.S.C. 1251 et seq.), the Solid Waste Disposal Act 

7 (42 U.S.C. 6901 et seq.), and the regulations imple8 menting those laws; 

9 (2) affects the ability of the United States to 

10 take actions acting in its capacity as trustee for any 

11 other Indian tribe or allottee; or 

12 (3) confers jurisdiction on any State court to— 

13 (A) interpret Federal law regarding health, 

14 safety, or the environment or determine the du15 ties of the United States or other parties pursu16 ant to such Federal law; or 

17 (B) conduct judicial review of Federal 

18 agency action; 

19 (e) TOLLING OF CLAIMS.— 

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

21 limitation and time-based equitable defense relating 

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

23 the period beginning on the date of enactment of 

24 this Act and ending on June 30, 2021. 


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1 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

2 this subsection revives any claim or tolls any period 

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

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. 205. EFFECT. 

10 Nothing in this Act or the Settlement Agreement af11 fects the land and water rights, claims, or entitlements 

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

13 than the Pueblos. 


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Calendar No. 255 

111TH CONGRESS 

2D SESSION S. 1105 

[Report No. 111–115] 

A BILL 

To authorize the Secretary of the Interior, acting 

Pojoaque, San Ildefonso, and Tesuque. water rights claims of the Pueblos of Nambe, Basin, and to approve the settlement of the velop water infrastructure in the Rio Grande through the Commissioner of Reclamation, to deJANUARY 20, 2010 

Reported with amendments 


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