II 

111TH CONGRESS 

1ST SESSION S. 1105 

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

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

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

of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Aamodt Litigation Settlement Act’’. 

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

7 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the civil action entitled State of New Mexico, 

5 ex rel. State Engineer and United States of Amer6 ica, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo 

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

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

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

10 acre-feet of water per year. 

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

12 the Pojoaque Basin Regional Water Authority de13 scribed in section 9.5 of the Settlement Agreement 

14 or an alternate entity acceptable to the Pueblos and 

15 the County to operate and maintain the diversion 

16 and treatment facilities, certain transmission pipeVerDate Nov 24 2008 01:44 May 22, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.IS S1105

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1 lines, and other facilities of the Regional Water Sys2 tem. 

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

4 Santa Fe, New Mexico. 

5 (5) COST-SHARING AND SYSTEM INTEGRATION

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

7 Integration Agreement’’ means the agreement to be 

8 executed by the United States, the State, the Pueb9 los, the County, and the City that— 

10 (A) describes the location, capacity, and 

11 management (including the distribution of 

12 water to customers) of the Regional Water Sys13 tem; and 

14 (B) allocates the costs of the Regional 

15 Water System with respect to— 

16 (i) the construction, operation, main17 tenance, and repair of the Regional Water 

18 System; 

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

20 Water System; and 

21 (iii) the acquisition of water rights. 

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

23 Santa Fe County, New Mexico. 

24 (7) COUNTY DISTRIBUTION SYSTEM.—The term 

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


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1 the Regional Water System that serves water cus2 tomers on non-Pueblo land in the Pojoaque Basin. 

3 (8) COUNTY WATER UTILITY.—The term 

4 ‘‘County Water Utility’’ means the water utility or5 ganized by the County to— 

6 (A) receive water distributed by the Au7 thority; and 

8 (B) provide the water received under sub9 paragraph (A) to customers on non-Pueblo land 

10 in the Pojoaque Basin. 

11 (9) ENGINEERING REPORT.—The term ‘‘Engi12 neering Report’’ means the report entitled 

13 ‘‘Pojoaque Regional Water System Engineering Re14 port’’ dated September 2008 and any amendments 

15 thereto, including any modifications which may be 

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

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

18 Aamodt Settlement Pueblos’ Fund established by 

19 section 105(a). 

20 (11) OPERATING AGREEMENT.—The term ‘‘Op21 erating Agreement’’ means the agreement between 

22 the Pueblos and the County executed under section 

23 102(a). 

24 (12) OPERATIONS, MAINTENANCE, AND RE25 PLACEMENT COSTS.— 


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

2 maintenance, and replacement costs’’ means all 

3 costs for the operation of the Regional Water 

4 System that are necessary for the safe, effi5 cient, and continued functioning of the Regional 

6 Water System to produce the benefits described 

7 in the Settlement Agreement. 

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

9 maintenance, and replacement costs’’ does not 

10 include construction costs or costs related to 

11 construction design and planning. 

12 (13) POJOAQUE BASIN.— 

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

14 Basin’’ means the geographic area limited by a 

15 surface water divide (which can be drawn on a 

16 topographic map), within which area rainfall 

17 and runoff flow into arroyos, drainages, and 

18 named tributaries that eventually drain to— 

19 (i) the Rio Pojoaque; or 

20 (ii) the 2 unnamed arroyos imme21 diately south; and 

22 (iii) 2 arroyos (including the Arroyo 

23 Alamo) that are north of the confluence of 

24 the Rio Pojoaque and the Rio Grande. 


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1 (B) INCLUSION.—The term ‘‘Pojoaque 

2 Basin’’ includes the San Ildefonso Eastern Res3 ervation recognized by section 8 of Public Law 

4 87–231 (75 Stat. 505). 

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

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

7 or Tesuque. 

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

9 collectively the Pueblos of Nambe, Pojoaque, San 

10 Ildefonso, and Tesuque. 

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

12 means any real property that is— 

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

14 a Pueblo within the Pojoaque Basin; 

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

16 Pojoaque Basin before the date on which a 

17 court approves the Settlement Agreement; or 

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

19 date on which a court approves the Settlement 

20 Agreement, if the real property is located— 

21 (I) within the exterior boundaries of 

22 the Pueblo, as recognized and conformed 

23 by a patent issued under the Act of De24 cember 22, 1858 (11 Stat. 374, chapter 

25 V); or 


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1 (II) within the exterior boundaries of 

2 any territory set aside for the Pueblo by 

3 law, executive order, or court decree; 

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

5 United States in trust for the benefit of a 

6 Pueblo outside the Pojoaque Basin that is lo7 cated within the exterior boundaries of the 

8 Pueblo as recognized and confirmed by a patent 

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

10 Stat. 374, chapter V); or 

11 (D) within the exterior boundaries of any 

12 real property located outside the Pojoaque 

13 Basin set aside for a Pueblo by law, executive 

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

15 contiguous to land held by the United States in 

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

17 (17) PUEBLO WATER FACILITY.— 

18 (A) IN GENERAL.—The term ‘‘Pueblo 

19 Water Facility’’ means— 

20 (i) a portion of the Regional Water 

21 System that serves only water customers 

22 on Pueblo land; and 

23 (ii) portions of a Pueblo water system 

24 in existence on the date of enactment of 

25 this Act that serve water customers on 


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1 non-Pueblo land, also in existence on the 

2 date of enactment of this Act, or their suc3 cessors, that are— 

4 (I) depicted in the final project 

5 design, as modified by the drawings 

6 reflecting the completed Regional 

7 Water System; and 

8 (II) described in the Operating 

9 Agreement. 

10 (B) INCLUSIONS.—The term ‘‘Pueblo 

11 Water Facility’’ includes— 

12 (i) the barrier dam and infiltration 

13 project on the Rio Pojoaque described in 

14 the Engineering Report; and 

15 (ii) the Tesuque Pueblo infiltration 

16 pond described in the Engineering Report. 

17 (18) REGIONAL WATER SYSTEM.— 

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

19 Water System’’ means the Regional Water Sys20 tem described in section 101(a). 

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

22 Water System’’ does not include the County or 

23 Pueblo water supply delivered through the Re24 gional Water System. 


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

2 ‘‘San Juan-Chama Project’’ means the Project au3 thorized by section 8 of the Act of June 13, 1962 

4 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 

5 Stat. 105). 

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

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

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

9 96, 97). 

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

11 means the Secretary of the Interior. 

12 (22) SETTLEMENT AGREEMENT.—The term 

13 ‘‘Settlement Agreement’’ means the stipulated and 

14 binding agreement among the State, the Pueblos, 

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

16 January 19, 2006, and signed by all of the govern17 ment parties to the Settlement Agreement (other 

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

19 amended in conformity with this Act. 

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

21 State of New Mexico. 


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1 TITLE I—POJOAQUE BASIN 

2 REGIONAL WATER SYSTEM 

3 SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

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

5 Commissioner of Reclamation, shall plan, design, and con6 struct a regional water system in accordance with the Set7 tlement Agreement, to be known as the ‘‘Regional Water 

8 System’’— 

9 (1) to divert and distribute water to the Pueb10 los and to the County Water Utility, in accordance 

11 with the Engineering Report; and 

12 (2) that consists of— 

13 (A) surface water diversion facilities at 

14 San Ildefonso Pueblo on the Rio Grande; and 

15 (B) any treatment, transmission, storage 

16 and distribution facilities and wellfields for the 

17 County Distribution System and Pueblo Water 

18 Facilities that are necessary to supply 4,000 

19 acre-feet of water within the Pojoaque Basin, 

20 unless modified in accordance with subsection 

21 (d)(2). 

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

23 issue a final project design within 90 days of completion 

24 of the environmental compliance described in section 106 

25 for the Regional Water System that— 


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1 (1) is consistent with the Engineering Report; 

2 and 

3 (2) includes a description of any Pueblo Water 

4 Facilities. 

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

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

7 in exchange for the funding which shall be provided 

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

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

10 be necessary for the construction of the Regional 

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

12 extent that the State or County own easements or 

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

14 the Regional Water System, the State or County 

15 shall provide that land or interest in land as nec16 essary for construction at no cost to the Secretary. 

17 The Secretary shall acquire any other land or inter18 est in land that is necessary for the construction of 

19 the Regional Water System. 

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

21 condemn water rights for purposes of the Regional 

22 Water System. 

23 (d) CONDITIONS FOR CONSTRUCTION.— 


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

2 begin construction of the Regional Water System fa3 cilities until the date on which— 

4 (A) the Secretary executes— 

5 (i) the Settlement Agreement; and 

6 (ii) the Cost-Sharing and System In7 tegration Agreement; and 

8 (B) the State and the County have entered 

9 into an agreement with the Secretary to con10 tribute the non-Federal share of the costs of the 

11 construction in accordance with the Cost-Shar12 ing and System Integration Agreement. 

13 (2) MODIFICATIONS TO REGIONAL WATER SYS14 TEM.— 

15 (A) IN GENERAL.—The State and the 

16 County, in agreement with the Pueblos, the 

17 City, and other signatories to the Cost-Sharing 

18 and System Integration Agreement, may modify 

19 the extent, size, and capacity of the County 

20 Distribution System as set forth in the Cost21 Sharing and System Integration Agreement. 

22 (B) EFFECT.—A modification under sub23 paragraph (A)— 


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1 (i) shall not affect implementation of 

2 the Settlement Agreement so long as the 

3 provisions in section 203 are satisfied; and 

4 (ii) may result in an adjustment of 

5 the State and County cost-share allocation 

6 as set forth in the Cost-Sharing and Sys7 tem Integration Agreement. 

8 (e) APPLICABLE LAW.—The Indian Self-Determina9 tion and Education Assistance Act (25 U.S.C. 450 et seq.) 

10 shall not apply to the design and construction of the Re11 gional Water System. 

12 (f) CONSTRUCTION COSTS.— 

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

14 constructing the Pueblo Water Facilities, as deter15 mined by the final project design and the Engineer16 ing Report— 

17 (A) shall be at full Federal expense subject 

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

19 and 

20 (B) shall be nonreimbursable to the United 

21 States. 

22 (2) COUNTY DISTRIBUTION SYSTEM.—The costs 

23 of constructing the County Distribution System shall 

24 be at State and local expense. 


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

2 State and local capital obligations for the Regional Water 

3 System described in the Cost-Sharing and System Integra4 tion Agreement shall be satisfied on the payment of the 

5 State and local capital obligations described in the Cost6 Sharing and System Integration Agreement. 

7 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA8 CILITIES.— 

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

10 completion of the construction of the Regional Water 

11 System, the Secretary, in accordance with the Oper12 ating Agreement, shall convey to— 

13 (A) each Pueblo the portion of any Pueblo 

14 Water Facility that is located within the bound15 aries of the Pueblo, including any land or inter16 est in land located within the boundaries of the 

17 Pueblo that is acquired by the United States 

18 for the construction of the Pueblo Water Facil19 ity; 

20 (B) the County the County Distribution 

21 System, including any land or interest in land 

22 acquired by the United States for the construc23 tion of the County Distribution System; and 

24 (C) the Authority any portions of the Re25 gional Water System that remain after making 


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1 the conveyances under subparagraphs (A) and 

2 (B), including any land or interest in land ac3 quired by the United States for the construc4 tion of the portions of the Regional Water Sys5 tem. 

6 (2) CONDITIONS FOR CONVEYANCE.—The Sec7 retary shall not convey any portion of the Regional 

8 Water System facilities under paragraph (1) until 

9 the date on which— 

10 (A) construction of the Regional Water 

11 System is complete; and 

12 (B) the Operating Agreement is executed 

13 in accordance with section 102. 

14 (3) SUBSEQUENT CONVEYANCE.—On convey15 ance by the Secretary under paragraph (1), the 

16 Pueblos, the County, and the Authority shall not re17 convey any portion of the Regional Water System 

18 conveyed to the Pueblos, the County, and the Au19 thority, respectively, unless the reconveyance is au20 thorized by an Act of Congress enacted after the 

21 date of enactment of this Act. 

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

23 conveyance of a portion of the Regional Water Sys24 tem under paragraph (1), the United States shall 


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

2 portion of the Regional Water System conveyed. 

3 (5) ADDITIONAL CONSTRUCTION.—On convey4 ance of a portion of the Regional Water System 

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

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

7 Pueblos, County, or the Authority, construct any ad8 ditional infrastructure that is necessary to fully use 

9 the water delivered by the Regional Water System. 

10 (6) LIABILITY.— 

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

12 conveyance of any land or facility under this 

13 section, the United States shall not be held lia14 ble by any court for damages of any kind aris15 ing out of any act, omission, or occurrence re16 lating to the land and facilities conveyed, other 

17 than damages caused by acts of negligence by 

18 the United States, or by employees or agents of 

19 the United States, prior to the date of convey20 ance. 

21 (B) TORT CLAIMS.—Nothing in this sec22 tion increases the liability of the United States 

23 beyond the liability provided in chapter 171 of 

24 title 28, United States Code (commonly known 

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


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1 (7) EFFECT.—Nothing in any transfer of own2 ership provided or any conveyance thereto as pro3 vided in this section shall extinguish the right of any 

4 Pueblo, the County, or the Regional Water Author5 ity to the continuous use and benefit of each ease6 ment or right of way for the use, operation, mainte7 nance, repair, and replacement of Pueblo Water Fa8 cilities, the County Distribution System or the Re9 gional Water System or for wastewater purposes as 

10 provided in the Cost-Sharing and System Integra11 tion Agreement. 

12 SEC. 102. OPERATING AGREEMENT. 

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

14 submit to the Secretary an executed Operating Agreement 

15 for the Regional Water System that is consistent with this 

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

17 System Integration Agreement not later than 180 days 

18 after the later of— 

19 (1) the date of completion of environmental 

20 compliance and permitting; or 

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

22 for the Regional Water System under section 

23 101(b). 

24 (b) APPROVAL.—Not later than 180 days after re25 ceipt of the operating agreement described in subsection 


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

2 upon determination that the Operating Agreement is con3 sistent with this Act, the Settlement Agreement, and the 

4 Cost-Sharing and System Integration Agreement. 

5 (c) CONTENTS.—The Operating Agreement shall in6 clude— 

7 (1) provisions consistent with the Settlement 

8 Agreement and the Cost-Sharing and System Inte9 gration Agreement and necessary to implement the 

10 intended benefits of the Regional Water System de11 scribed in those documents; 

12 (2) provisions for— 

13 (A) the distribution of water conveyed 

14 through the Regional Water System, including 

15 a delineation of— 

16 (i) distribution lines for the County 

17 Distribution System; 

18 (ii) distribution lines for the Pueblo 

19 Water Facilities; and 

20 (iii) distribution lines that serve 

21 both— 

22 (I) the County Distribution Sys23 tem; and 

24 (II) the Pueblo Water Facilities; 


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1 (B) the allocation of the Regional Water 

2 System capacity; 

3 (C) the terms of use of unused water ca4 pacity in the Regional Water System; 

5 (D) the construction of additional infra6 structure and the acquisition of associated 

7 rights-of-way or easements necessary to enable 

8 any of the Pueblos or the County to fully use 

9 water allocated to the Pueblos or the County 

10 from the Regional Water System, including pro11 visions addressing when the construction of 

12 such additional infrastructure requires approval 

13 by the Authority; 

14 (E) the allocation and payment of annual 

15 operation, maintenance, and replacement costs 

16 for the Regional Water System, including the 

17 portions of the Regional Water System that are 

18 used to treat, transmit, and distribute water to 

19 both the Pueblo Water Facilities and the Coun20 ty Water Utility; 

21 (F) the operation of wellfields located on 

22 Pueblo land; 

23 (G) the transfer of any water rights nec24 essary to provide the Pueblo water supply de25 scribed in section 103(a); 


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1 (H) the operation of the Regional Water 

2 System with respect to the water supply, includ3 ing the allocation of the water supply in accord4 ance with section 3.1.8.4.2 of the Settlement 

5 Agreement so that, in the event of a shortage 

6 of supply to the Regional Water System, the 

7 supply to each of the Pueblos’ and to the Coun8 ty’s distribution system shall be reduced on a 

9 prorata basis, in proportion to each distribution 

10 system’s most current annual use; and 

11 (I) dispute resolution; and 

12 (3) provisions for operating and maintaining 

13 the Regional Water System facilities before and 

14 after conveyance under section 101(h), including 

15 provisions to— 

16 (A) ensure that— 

17 (i) the operation of, and the diversion 

18 and conveyance of water by, the Regional 

19 Water System is in accordance with the 

20 Settlement Agreement; 

21 (ii) the wells in the Regional Water 

22 System are used in conjunction with the 

23 surface water supply of the Regional 

24 Water System to ensure a reliable firm 

25 supply of water to all users of the Regional 


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1 Water System, consistent with the intent 

2 of the Settlement Agreement that surface 

3 supplies will be used to the maximum ex4 tent feasible; 

5 (iii) the respective obligations regard6 ing delivery, payment, operation, and man7 agement are enforceable; and 

8 (iv) the County has the right to serve 

9 any new water users located on non-Pueblo 

10 land in the Pojoaque Basin; and 

11 (B) allow for any aquifer storage and re12 covery projects that are approved by the Office 

13 of the New Mexico State Engineer. 

14 (d) EFFECT.—Nothing in this Act precludes the Op15 erating Agreement from authorizing phased or interim op16 erations if the Regional Water System is constructed in 

17 phases. 

18 SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

19 THE REGIONAL WATER SYSTEM. 

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

21 reliable firm supply of water from the Regional Water Sys22 tem for the Pueblos in accordance with the Settlement 

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

24 shall— 

25 (1) acquire water rights to— 


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

2 described in section 2.6.2 of the Settlement 

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

4 and 

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

6 the County for water rights commonly referred 

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

8 Case; 

9 (2) make available 1079 acre-feet to the Pueb10 los pursuant to a contract entered into among the 

11 Pueblos and the Secretary in accordance with sec12 tion 11 of the San Juan-Chama Project Act, under 

13 water rights held by the Secretary; and 

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

15 approval to divert the water acquired and made 

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

17 of diversion for the Regional Water System, con18 sistent with the Settlement Agreement and the Cost19 Sharing and System Integration Agreement. 

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

21 secured by the Secretary for the Pueblos under subsection 

22 (a) shall in no event result in forfeiture, abandonment, re23 linquishment, or other loss thereof. 


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

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

3 for the Pueblos. 

4 (d) APPLICABLE LAW.—The water supply made 

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

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

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

8 with regard to the delivery or distribution of San Juan9 Chama Project water or the management or operation of 

10 the San Juan-Chama Project. 

11 (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT

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

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

14 Juan-Chama Project contract shall be pursuant to the fol15 lowing terms: 

16 (1) WAIVERS.—Notwithstanding the provisions 

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

18 provision of law— 

19 (A) the Secretary shall waive the entirety 

20 of the Pueblos’ share of the construction costs 

21 for the San Juan-Chama Project, and pursuant 

22 to that waiver, the Pueblos’ share of all con23 struction costs for the San Juan-Chama 

24 Project, inclusive of both principal and interest, 

25 due from 1972 to the execution of the contract 


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1 required by subsection (a)(2), shall be nonreim2 bursable; 

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

4 share of the construction costs for the San 

5 Juan-Chama Project will not result in an in6 crease in the pro rata shares of other San 

7 Juan-Chama Project water contractors, but 

8 such costs shall be absorbed by the United 

9 States Treasury or otherwise appropriated to 

10 the Department of the Interior; and 

11 (C) the costs associated with any water 

12 made available from the San Juan-Chama 

13 Project which were determined nonreimbursable 

14 and nonreturnable pursuant to Public Law No. 

15 88–293, 78 Stat. 171 (March 26, 1964), shall 

16 remain nonreimbursable and nonreturnable. 

17 (2) TERMINATION.—The contract shall provide 

18 that it shall terminate only upon the following condi19 tions— 

20 (A) failure of the United States District 

21 Court for the District of New Mexico to enter 

22 a final decree for the Aamodt Case by Decem23 ber 15, 2012, or within the time period of any 

24 extension of that deadline granted by the court; 

25 or 


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

2 District Court for the District of New Mexico 

3 voiding the final decree and Settlement Agree4 ment for the Aamodt Case pursuant to section 

5 10.3 of the Settlement Agreement. 

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

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

8 described in the Settlement Agreement. 

9 (g) FULFILLMENT OF WATER SUPPLY ACQUISITION

10 OBLIGATIONS.—Compliance with subsections (a) through 

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

12 to acquire or secure a water supply for the Pueblos pursu13 ant to the Settlement Agreement. 

14 (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE15 MENT UNAFFECTED.—Notwithstanding the provisions of 

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

17 the Regional Water Authority may acquire any additional 

18 water rights to ensure all parties to the Settlement Agree19 ment receive the full allocation of water provided by the 

20 Settlement Agreement and nothing in this Act amends or 

21 modifies the quantities of water allocated to the Pueblos 

22 thereunder. 


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1 SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 

2 WATER SYSTEM CAPACITY AND WATER. 

3 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA4 PACITY.— 

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

6 shall have the capacity to divert from the Rio 

7 Grande a quantity of water sufficient to provide— 

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

9 use of water; and 

10 (B) the requisite peaking capacity de11 scribed in— 

12 (i) the Engineering Report; and 

13 (ii) the final project design. 

14 (2) ALLOCATION TO THE PUEBLOS AND COUN15 TY WATER UTILITY.—Of the capacity described in 

16 paragraph (1)— 

17 (A) there shall be allocated to the Pueb18 los— 

19 (i) sufficient capacity for the convey20 ance of 2,500 acre-feet consumptive use; 

21 and 

22 (ii) the requisite peaking capacity for 

23 the quantity of water described in clause 

24 (i); and 

25 (B) there shall be allocated to the County 

26 Water Utility— 


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1 (i) sufficient capacity for the convey2 ance of up to 1,500 acre-feet consumptive 

3 use; and 

4 (ii) the requisite peaking capacity for 

5 the quantity of water described in clause 

6 (i). 

7 (3) APPLICABLE LAW.—Water shall be allo8 cated to the Pueblos and the County Water Utility 

9 under this subsection in accordance with— 

10 (A) this title; 

11 (B) the Settlement Agreement; and 

12 (C) the Operating Agreement. 

13 (b) DELIVERY OF REGIONAL WATER SYSTEM

14 WATER.—The Authority shall deliver water from the Re15 gional Water System— 

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

17 to allow full consumptive use of up to 2,500 acre18 feet per year of water rights by the Pueblos in ac19 cordance with— 

20 (A) the Settlement Agreement; 

21 (B) the Operating Agreement; and 

22 (C) this title; and 

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

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1 feet per year of water rights by the County Water 

2 Utility in accordance with— 

3 (A) the Settlement Agreement; 

4 (B) the Operating Agreement; and 

5 (C) this title. 

6 (c) ADDITIONAL USE OF ALLOCATION QUANTITY

7 AND UNUSED CAPACITY.—The Regional Water System 

8 may be used to— 

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

10 allow for full consumptive use of the water allocated 

11 in the Settlement Agreement to each of the Pueblos 

12 and to the County; and 

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

14 or the County Water Utility for the benefit of an15 other Pueblo or the County Water Utility or allow 

16 use of unused capacity by each other through the 

17 Regional Water System in accordance with an inter18 governmental agreement between the Pueblos, or be19 tween a Pueblo and County Water Utility, as appli20 cable, if— 

21 (A) such intergovernmental agreements are 

22 consistent with the Operating Agreement, the 

23 Settlement Agreement, and this Act; 

24 (B) capacity is available without reducing 

25 water delivery to any Pueblo or the County 


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1 Water Utility in accordance with the Settlement 

2 Agreement, unless the County Water Utility or 

3 Pueblo contracts for a reduction in water deliv4 ery or Regional Water System capacity; 

5 (C) the Pueblo or County Water Utility 

6 contracting for use of the unused capacity or 

7 water has the right to use the water under ap8 plicable law; and 

9 (D) any agreement for the use of unused 

10 capacity or water provides for payment of the 

11 operation, maintenance, and replacement costs 

12 associated with the use of capacity or water. 

13 SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 

14 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

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

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

17 Settlement Pueblos’ Fund,’’ consisting of— 

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

19 Fund under section 107(c) or other authorized 

20 sources; and 

21 (2) any interest earned from investment of 

22 amounts in the Fund under subsection (b). 

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

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


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1 make amounts available from the Fund for distribution 

2 to the Pueblos in accordance with— 

3 (1) the American Indian Trust Fund Manage4 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

5 and 

6 (2) this Act. 

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

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

9 amounts in the Fund in accordance with— 

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

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

12 1938 (25 U.S.C. 162a); and 

13 (3) the American Indian Trust Fund Manage14 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

15 (d) TRIBAL MANAGEMENT PLAN.— 

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

17 or part of the Pueblo’s portion of the Fund on ap18 proval by the Secretary of a tribal management plan 

19 as described in the American Indian Trust Fund 

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

21 et seq.). 

22 (2) REQUIREMENTS.—In addition to the re23 quirements under the American Indian Trust Fund 

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

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


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1 that a Pueblo spend any amounts withdrawn from 

2 the Fund in accordance with the purposes described 

3 in section 107(c). 

4 (3) ENFORCEMENT.—The Secretary may take 

5 judicial or administrative action to enforce the provi6 sions of any tribal management plan to ensure that 

7 any amounts withdrawn from the Fund under an 

8 approved tribal management plan are used in ac9 cordance with this title. 

10 (4) LIABILITY.—If a Pueblo or the Pueblos ex11 ercise the right to withdraw amounts from the 

12 Fund, neither the Secretary nor the Secretary of the 

13 Treasury shall retain any liability for the expendi14 ture or investment of the amounts withdrawn. 

15 (5) EXPENDITURE PLAN.— 

16 (A) IN GENERAL.—The Pueblos shall sub17 mit to the Secretary for approval an expendi18 ture plan for any portion of the amounts in the 

19 Fund that the Pueblos do not withdraw under 

20 this subsection. 

21 (B) DESCRIPTION.—The expenditure plan 

22 shall describe the manner in which, and the 

23 purposes for which, amounts remaining in the 

24 Fund will be used. 


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1 (C) APPROVAL.—On receipt of an expendi2 ture plan under subparagraph (A), the Sec3 retary shall approve the plan if the Secretary 

4 determines that the plan is reasonable and con5 sistent with this Act, the Settlement Agree6 ment, and the Cost-Sharing and System Inte7 gration Agreement. 

8 (D) ANNUAL REPORT.—The Pueblos shall 

9 submit to the Secretary an annual report that 

10 describes all expenditures from the Fund during 

11 the year covered by the report. 

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

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

14 accruing on the principal shall be distributed to any 

15 member of a Pueblo on a per capita basis. 

16 (7) AVAILABILITY OF AMOUNTS FROM THE

17 FUND.— 

18 (A) APPROVAL OF SETTLEMENT AGREE19 MENT.—Amounts made available under sub20 paragraphs (A) and (C) of section 107(c)(1) or 

21 from other authorized sources shall be available 

22 for expenditure or withdrawal only after the 

23 date on which the United States District Court 

24 for the District of New Mexico issues an order 

25 approving the Settlement Agreement. 


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1 (B) COMPLETION OF CERTAIN PORTIONS

2 OF REGIONAL WATER SYSTEM.—Amounts made 

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

4 other authorized sources shall be available for 

5 expenditure or withdrawal only after those por6 tions of the Regional Water System described 

7 in section 1.5.24 of the Settlement Agreement 

8 have been declared substantially complete by 

9 the Secretary. 

10 (C) FAILURE TO FULFILL CONDITIONS

11 PRECEDENT.—If the conditions precedent in 

12 section 203 have not been fulfilled by Sep13 tember 15, 2017, the United States shall be en14 titled to set off any funds expended or with15 drawn from the amounts appropriated pursuant 

16 to section 107(c), together with any interest ac17 crued, against any claims asserted by the Pueb18 los against the United States relating to the 

19 water rights in the Pojoaque Basin. 

20 SEC. 106. ENVIRONMENTAL COMPLIANCE. 

21 (a) IN GENERAL.—In carrying out this title, the Sec22 retary shall comply with each law of the Federal Govern23 ment relating to the protection of the environment, includ24 ing— 


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1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); and 

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

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

5 (b) NATIONAL ENVIRONMENTAL POLICY ACT.— 

6 Nothing in this Act affects the outcome of any analysis 

7 conducted by the Secretary or any other Federal official 

8 under the National Environmental Policy Act of 1969 (42 

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

10 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) REGIONAL WATER SYSTEM.— 

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

13 there is authorized to be appropriated to the Sec14 retary for the planning, design, and construction of 

15 the Regional Water System and the conduct of envi16 ronmental compliance activities under section 106 a 

17 total of $106,400,000 between fiscal years 2010 and 

18 2022. 

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

20 authorized under paragraph (1), the Secretary shall 

21 give priority to funding— 

22 (A) the construction of the San Ildefonso 

23 portion of the Regional Water System, con24 sisting of— 


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1 (i) the surface water diversion, treat2 ment, and transmission facilities at San 

3 Ildefonso Pueblo; and 

4 (ii) the San Ildefonso Pueblo portion 

5 of the Pueblo Water Facilities; and 

6 (B) that part of the Regional Water Sys7 tem providing 475 acre-feet to Pojoaque Pueblo 

8 pursuant to section 2.2 of the Settlement 

9 Agreement. 

10 (3) ADJUSTMENT.—The amount authorized 

11 under paragraph (1) shall be adjusted annually to 

12 account for increases in construction costs since Oc13 tober 1, 2006, as determined using applicable engi14 neering cost indices. 

15 (4) LIMITATIONS.— 

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

17 made available under paragraph (1) for the 

18 construction of the Regional Water System 

19 until the date on which the United States Dis20 trict Court for the District of New Mexico 

21 issues an order approving the Settlement Agree22 ment. 

23 (B) RECORD OF DECISION.—No amounts 

24 made available under paragraph (1) shall be ex25 pended unless the record of decision issued by 


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1 the Secretary after completion of an environ2 mental impact statement provides for a pre3 ferred alternative that is in substantial compli4 ance with the proposed Regional Water System, 

5 as defined in the Engineering Report. 

6 (b) ACQUISITION OF WATER RIGHTS.—There is au7 thorized to be appropriated to the Secretary funds for the 

8 acquisition of the water rights under section 

9 103(a)(1)(B)— 

10 (1) in the amount of $5,400,000.00 if such ac11 quisition is completed by December 31, 2010; and 

12 (2) the amount authorized under paragraph 

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

14 Index commencing January 1, 2011. 

15 (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 

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

17 appropriated to the Fund the following amounts for 

18 the period of fiscal years 2010 through 2022: 

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

20 to the Pueblos, in accordance with section 2.7.1 

21 of the Settlement Agreement, for the rehabilita22 tion, improvement, operation, maintenance, and 

23 replacement of the agricultural delivery facili24 ties, waste water systems, and other water-re25 lated infrastructure of the applicable Pueblo. 


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1 The amount authorized herein shall be adjusted 

2 according to the CPI Urban Index commencing 

3 October 1, 2006. 

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

5 to an account, to be established not later than 

6 January 1, 2016, to assist the Pueblos in pay7 ing the Pueblos’ share of the cost of operating, 

8 maintaining, and replacing the Pueblo Water 

9 Facilities and the Regional Water System. 

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

11 which shall be allocated to the Pueblo of Nambe 

12 for the acquisition of the Nambe reserved water 

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

14 The amount authorized herein shall be adjusted 

15 according to the CPI Urban Index commencing 

16 January 1, 2011. The funds provided under 

17 this section may be used by the Pueblo of 

18 Nambe only for the acquisition of land, other 

19 real property interests, or economic develop20 ment. 

21 (2) OPERATION, MAINTENANCE, AND REPLACE22 MENT COSTS.— 

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

24 the Regional Water System pursuant to section 

25 101, the Secretary shall pay any operation, 


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1 maintenance or replacement costs associated 

2 with the Pueblo Water Facilities or the Re3 gional Water System up to an amount that does 

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

5 be appropriated to the Secretary. 

6 (B) OBLIGATION OF THE FEDERAL GOV7 ERNMENT AFTER COMPLETION.—Except as 

8 provided in section 103(a)(4)(B), after con9 struction of the Regional Water System is com10 pleted and the amounts required to be deposited 

11 in the account have been deposited under this 

12 section the Federal Government shall have no 

13 obligation to pay for the operation, mainte14 nance, and replacement costs of the Regional 

15 Water System. 

16 TITLE II—POJOAQUE BASIN IN17 DIAN WATER RIGHTS SETTLE18 MENT 

19 SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT AP20 PROVAL. 

21 (a) APPROVAL.—To the extent the Settlement Agree22 ment and the Cost-Sharing and System Integration Agree23 ment do not conflict with this Act, the Settlement Agree24 ment and the Cost-Sharing and System Integration Agree25 ment (including any amendments to the Settlement AgreeVerDate Nov 24 2008 01:44 May 22, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.IS S1105

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1 ment and the Cost-Sharing and System Integration Agree2 ment that are executed to make the Settlement Agreement 

3 or the Cost-Sharing and System Integration Agreement 

4 consistent with this Act) are authorized, ratified, and con5 firmed. 

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

7 Agreement and the Cost-Sharing and System Integration 

8 Agreement do not conflict with this Act, the Secretary 

9 shall execute the Settlement Agreement and the Cost10 Sharing and System Integration Agreement (including 

11 any amendments that are necessary to make the Settle12 ment Agreement or the Cost-Sharing and System Integra13 tion Agreement consistent with this Act). 

14 (c) AUTHORITIES OF THE PUEBLOS.— 

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

16 enter into contracts to lease or exchange water 

17 rights or to forbear undertaking new or expanded 

18 water uses for water rights recognized in section 2.1 

19 of the Settlement Agreement for use within the 

20 Pojoaque Basin in accordance with the other limita21 tions of section 2.1.5 of the Settlement Agreement 

22 provided that section 2.1.5 is amended accordingly. 

23 (2) EXECUTION.—The Secretary shall not exe24 cute the Settlement Agreement until such amend25 ment is accomplished under paragraph (1). 


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1 (3) APPROVAL BY SECRETARY.—Consistent 

2 with the Settlement Agreement as amended under 

3 paragraph (1), the Secretary shall approve or dis4 approve a lease entered into under paragraph (1). 

5 (4) PROHIBITION ON PERMANENT ALIEN6 ATION.—No lease or contract under paragraph (1) 

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

8 such lease or contract provide for permanent alien9 ation of any portion of the water rights made avail10 able to the Pueblos under the Settlement Agreement. 

11 (5) APPLICABLE LAW.—Section 2116 of the Re12 vised Statutes (25 U.S.C. 177) shall not apply to 

13 any lease or contract entered into under paragraph 

14 (1). 

15 (6) LEASING OR MARKETING OF WATER SUP16 PLY.—The water supply provided on behalf of the 

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

18 leased or marketed by any of the Pueblos pursuant 

19 to the intergovernmental agreements described in 

20 section 104(c)(2). 

21 (d) AMENDMENTS TO CONTRACTS.—The Secretary 

22 shall amend the contracts relating to the Nambe Falls 

23 Dam and Reservoir that are necessary to use water sup24 plied from the Nambe Falls Dam and Reservoir in accord25 ance with the Settlement Agreement. 


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1 SEC. 202. ENVIRONMENTAL COMPLIANCE. 

2 (a) EFFECT OF EXECUTION OF SETTLEMENT

3 AGREEMENT.—The execution of the Settlement Agree4 ment under section 201(b) shall not constitute a major 

5 Federal action under the National Environmental Policy 

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

7 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

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

9 law of the Federal Government relating to the protection 

10 of the environment, including— 

11 (1) the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.); and 

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

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

15 SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT 

16 DATE. 

17 (a) CONDITIONS PRECEDENT.— 

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

19 conditions precedent described in paragraph (2), the 

20 Secretary shall publish in the Federal Register by 

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

22 conditions have been fulfilled. 

23 (2) REQUIREMENTS.—The conditions precedent 

24 referred to in paragraph (1) are the conditions 

25 that— 


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1 (A) to the extent that the Settlement 

2 Agreement conflicts with this title, the Settle3 ment Agreement has been revised to conform 

4 with this title; 

5 (B) the Settlement Agreement, so revised, 

6 including waivers and releases pursuant to sec7 tion 204, has been executed by the appropriate 

8 parties and the Secretary; 

9 (C) Congress has fully appropriated, or the 

10 Secretary has provided from other authorized 

11 sources, all funds authorized by section 107, 

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

13 section, by December 15, 2016; 

14 (D) the State has enacted any necessary 

15 legislation and provided any funding that may 

16 be required under the Settlement Agreement; 

17 (E) a partial final decree that sets forth 

18 the water rights and other rights to water to 

19 which the Pueblos are entitled under the Settle20 ment Agreement and this title and that sub21 stantially conforms to the Settlement Agree22 ment has been approved by the United States 

23 District Court for the District of New Mexico; 

24 and 


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

2 rights for all parties to the Aamodt Case and 

3 that substantially conforms to the Settlement 

4 Agreement has been approved by the United 

5 States District Court for the District of New 

6 Mexico by June 15, 2017. 

7 (b) EXPIRATION DATE.—If all the conditions prece8 dent described in subsection (a)(2) have not been fulfilled 

9 by September 15, 2017— 

10 (1) the Settlement Agreement and this Act in11 cluding waivers described in those documents shall 

12 no longer be effective; and 

13 (2) any funds that have been appropriated 

14 under this Act but not expended shall immediately 

15 revert to the general fund of the United States 

16 Treasury. 

17 (c) ENFORCEMENT DATE.—The Settlement Agree18 ment shall become enforceable as of the date that the 

19 United States District Court for the District of New Mex20 ico enters a partial final decree pursuant to subsection 

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

22 with the Settlement Agreement. 

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

24 releases executed pursuant to section 204 shall become efVerDate Nov 24 2008 01:44 May 22, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.IS S1105

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1 fective as of the date that the Secretary publishes the no2 tice required by subsection (a)(1). 

3 (e) REQUIREMENTS FOR DETERMINATION OF SUB4 STANTIAL COMPLETION OF THE REGIONAL WATER SYS5 TEM.— 

6 (1) CRITERIA FOR SUBSTANTIAL COMPLETION

7 OF REGIONAL WATER SYSTEM.—Subject to the pro8 visions in section 101(d) concerning the extent, size, 

9 and capacity of the County Distribution System, the 

10 Regional Water System shall be determined to be 

11 substantially completed if the infrastructure has 

12 been constructed capable of— 

13 (A) diverting, treating, transmitting, and 

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

15 to the Pueblos; and 

16 (B) diverting, treating, and transmitting 

17 the quantity of water specified in the Engineer18 ing Report to the County Distribution System. 

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

20 2021, at the request of 1 or more of the Pueblos, 

21 the Secretary shall consult with the Pueblos and 

22 confer with the County and the State on whether the 

23 criteria in paragraph (1) for substantial completion 

24 of the Regional Water System have been met or will 

25 be met by June 30, 2024. 


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

2 substantial completion criteria have not been met by 

3 June 15, 2021, after the consultation required by 

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

5 trustee for the Pueblos have until midnight June 30, 

6 2024 to ask the Decree Court to void the Final De7 cree pursuant to section 10.3 of the Settlement 

8 Agreement. 

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

10 the Final Decree is voided pursuant to Section 10.3 of 

11 the Settlement Agreement, the Settlement Agreement 

12 shall no longer be effective, the waivers and releases exe13 cuted pursuant to section 204 shall no longer be effective, 

14 and any unexpended Federal funds, together with any in15 come earned thereon, and title to any property acquired 

16 or constructed with expended Federal funds, shall be re17 turned to the Federal Government unless otherwise agreed 

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

19 approved by Congress. 

20 SEC. 204. WAIVERS AND RELEASES. 

21 (a) CLAIMS BY THE PUEBLOS AND THE UNITED

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

23 rights and other benefits, including waivers and releases 

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

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1 selves and their members, and the United States acting 

2 in its capacity as trustee for the Pueblos are authorized 

3 to execute a waiver and release of— 

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

5 Basin that the Pueblos, or the United States acting 

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

7 or could have asserted, in any proceeding, including 

8 the Aamodt Case, up to and including the waiver ef9 fectiveness date identified in section 203(d), except 

10 to the extent that such rights are recognized in the 

11 Settlement Agreement or this Act; 

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

13 Pojoaque Basin and for rights to use water in the 

14 Pojoaque Basin that the Pueblos, or the United 

15 States acting in its capacity as trustee for the Pueb16 los, might be able to otherwise assert in any pro17 ceeding not initiated on or before the date of enact18 ment of this title, except to the extent that such 

19 rights are recognized in the Settlement Agreement 

20 or this Act; 

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

22 water rights or claims of interference with, diversion 

23 or taking of water (including claims for injury to 

24 land resulting from such damages, losses, injuries, 

25 interference with, diversion, or taking) for land withVerDate Nov 24 2008 01:44 May 22, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.IS S1105

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1 in the Pojoaque Basin that accrued at any time up 

2 to and including the waiver effectiveness date identi3 fied in section 203(d); 

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

5 claims previously asserted therein by other parties to 

6 the Settlement Agreement; 

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

8 the quantification and priority of water rights of 

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

10 provided by section 2.8 of the Settlement Agree11 ment; 

12 (6) all pending and future inter se challenges 

13 against other parties to the Settlement Agreement; 

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

15 water rights or claims of interference with, diversion 

16 or taking of water (including claims for injury to 

17 land resulting from such damages, losses, injuries, 

18 interference with, diversion, or taking of water) at19 tributable to City of Santa Fe pumping of ground20 water that has effects on the ground and surface 

21 water supplies of the Pojoaque Basin, provided that 

22 this waiver shall not be effective by the Pueblo of 

23 Tesuque unless there is a water resources agreement 

24 executed between the Pueblo of Tesuque and the 

25 City of Santa Fe; 


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

2 water rights or claims of interference with, diversion 

3 or taking of water (including claims for injury to 

4 land resulting from such damages, losses, injuries, 

5 interference with, diversion, or taking of water) at6 tributable to County of Santa Fe pumping of 

7 groundwater that has effects on the ground and sur8 face water supplies of the Pojoaque Basin; and 

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

10 or for injunctive or other relief, because of the condi11 tion of, or changes in, the concentration of naturally 

12 occurring constituents of ground and surface water 

13 in the Pojoaque Basin arising out of the diversion of 

14 water pursuant to water rights recognized by the 

15 final decree. 

16 (b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED

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

18 members, are authorized to execute a waiver and release 

19 of— 

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

21 agencies, or employees, relating to claims for water 

22 rights in or water of the Pojoaque Basin or for 

23 rights to use water in the Pojoaque Basin that the 

24 United States acting in its capacity as trustee for 


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

2 proceeding, including the Aamodt Case; 

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

4 agencies, or employees relating to damages, losses, 

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

6 resources due to loss of water or water rights (in7 cluding damages, losses or injuries to hunting, fish8 ing, gathering or cultural rights due to loss of water 

9 or water rights; claims relating to interference with, 

10 diversion or taking of water or water rights; or 

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

12 or develop water, water rights or water infrastruc13 ture) within the Pojoaque Basin that first accrued 

14 at any time up to and including the waiver effective15 ness date identified in section 203(d); 

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

17 agencies, or employees for an accounting of funds 

18 appropriated by Acts, including the Act of December 

19 22, 1927 (45 Stat. 2), the Act of March 4, 1929 (45 

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

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

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

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

24 1936 (49 Stat. 1757), the Act of August 9, 1937 

25 (50 Stat. 564), and the Act of May 9, 1938 (52 


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

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

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

4 breach of Trust relating to funds for water replace5 ment appropriated by said Acts that first accrued 

6 before the date of enactment of this Act; 

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

8 agencies, or employees relating to the pending litiga9 tion of claims relating to the Pueblos’ water rights 

10 in the Aamodt Case; and 

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

12 agencies, or employees relating to the negotiation, 

13 Execution or the adoption of the Settlement Agree14 ment, exhibits thereto, the Partial Final Decree, the 

15 Final Decree, or this Act. 

16 (c) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding the waivers and releases au18 thorized in this Act, the Pueblos on behalf of themselves 

19 and their members and the United States acting in its 

20 capacity as trustee for the Pueblos retain.— 

21 (1) all claims for enforcement of the Settlement 

22 Agreement, the Cost-Sharing and System Integra23 tion Agreement, the Final Decree, including the Par24 tial Final Decree, the San Juan-Chama Project conVerDate Nov 24 2008 01:44 May 22, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1105.IS S1105

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1 tract between the Pueblos and the United States or 

2 this Act; 

3 (2) all rights to use and protect water rights ac4 quired after the date of enactment of this Act; 

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

8 and the Settlement Agreement; 

9 (4) all claims against persons other than Par10 ties to the Settlement Agreement for damages, losses 

11 or injuries to water rights or claims of interference 

12 with, diversion or taking of water (including claims 

13 for injury to lands resulting from such damages, 

14 losses, injuries, interference with, diversion, or tak15 ing of water) within the Pojoaque Basin arising out 

16 of activities occurring outside the Pojoaque Basin; 

17 (5) all claims relating to activities affecting the 

18 quality of water including any claims the Pueblos 

19 may have under the Comprehensive Environmental 

20 Response, Compensation, and Liability Act of 1980 

21 (42 U.S.C. 9601 et seq.) (including claims for dam22 ages to natural resources), the Safe Drinking Water 

23 Act (42 U.S.C. 300f et seq.), the Federal Water Pol24 lution Control Act (33 U.S.C. 1251 et seq.), and the 

25 regulations implementing those laws; 


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1 (6) all claims against the United States relating 

2 to damages, losses, or injuries to land or natural re3 sources not due to loss of water or water rights (in4 cluding hunting, fishing, gathering or cultural 

5 rights); 

6 (7) all claims for water rights from water 

7 sources outside the Pojoaque Basin for land outside 

8 the Pojoaque Basin owned by a Pueblo or held by 

9 the United States for the benefit of any of the Pueb10 los; and 

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

12 powers and claims not specifically waived and re13 leased pursuant to this Act or the Settlement Agree14 ment. 

15 (d) EFFECT OF SECTION.—Nothing in the Settle16 ment Agreement or this Act— 

17 (1) affects the ability of the United States act18 ing in its sovereign capacity to take actions author19 ized by law, including any laws relating to health, 

20 safety, or the environment, including the Com21 prehensive Environmental Response, Compensation, 

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

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

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

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


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1 (42 U.S.C. 6901 et seq.), and the regulations imple2 menting those laws; 

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

4 take actions acting in its capacity as trustee for any 

5 other Indian tribe or allottee; or 

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

7 (A) interpret Federal law regarding health, 

8 safety, or the environment or determine the du9 ties of the United States or other parties pursu10 ant to such Federal law; or 

11 (B) conduct judicial review of Federal 

12 agency action; 

13 (e) TOLLING OF CLAIMS.— 

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

15 limitation and time-based equitable defense relating 

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

17 the period beginning on the date of enactment of 

18 this Act and ending on June 30, 2021. 

19 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

20 this subsection revives any claim or tolls any period 

21 of limitation or time-based equitable defense that ex22 pired before the date of enactment of this Act. 

23 (3) LIMITATION.—Nothing in this section pre24 cludes the tolling of any period of limitations or any 


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1 time-based equitable defense under any other appli2 cable law. 

3 SEC. 205. EFFECT. 

4 Nothing in this Act or the Settlement Agreement af5 fects the land and water rights, claims, or entitlements 

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

7 than the Pueblos. 

Æ 


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