II 

Calendar No. 839 

110TH CONGRESS 

2D SESSION S. 1171 

[Report No. 110–401] 

To amend the Colorado River Storage Project Act and Public Law 87– 

483 to authorize the construction and rehabilitation of water infrastructure in Northwestern New Mexico, to authorize the use of the reclamation 

fund to fund the Reclamation Water Settlements Fund, to authorize 

the conveyance of certain Reclamation land and infrastructure, to authorize the Commissioner of Reclamation to provide for the delivery of 

water, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2007 

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

which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 25, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Colorado River Storage Project Act and Public 

Law 87–483 to authorize the construction and rehabilitation of water infrastructure in Northwestern New Mexico, to authorize the use of the reclamation fund to 

fund the Reclamation Water Settlements Fund, to authorize the conveyance of certain Reclamation land and 


wwoods2 on PRODPC68 with BILLS
2 

•S 1171 RS

infrastructure, to authorize the Commissioner of Reclamation to provide for the delivery of water, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Northwestern New Mexico Rural Water Projects Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Definitions. 

Sec. 3. Compliance with environmental laws. 

TITLE I—AMENDMENTS TO THE COLORADO RIVER STORAGE 

PROJECT ACT AND PUBLIC LAW 87–483 

Sec. 101. Amendments to the Colorado River Storage Project Act. 

Sec. 102. Amendments to Public Law 87–483. 

Sec. 103. Effect on Federal water law. 

TITLE II—RECLAMATION WATER SETTLEMENTS FUND 

Sec. 201. Reclamation Water Settlements Fund. 

TITLE III—NORTHWESTERN NEW MEXICO RURAL WATER 

SUPPLY PROJECT 

Sec. 301. Purposes. 

Sec. 302. Authorization of Northwestern New Mexico Rural Water Supply 

Project. 

Sec. 303. Delivery and use of Northwestern New Mexico Rural Water Supply 

Project water. 

Sec. 304. Project contracts. 

Sec. 305. Use of Navajo Nation Municipal Pipeline. 

Sec. 306. Authorization of conjunctive use wells. 

Sec. 307. San Juan River Navajo Irrigation Projects. 

Sec. 308. Other irrigation projects. 

Sec. 309. Authorization of appropriations. 

TITLE IV—NAVAJO NATION WATER RIGHTS 

Sec. 401. Agreement. 

Sec. 402. Trust Fund. 

Sec. 403. Waivers and releases. 


wwoods2 on PRODPC68 with BILLS
3 

•S 1171 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 acre-feet per year. 

5 (2) AGREEMENT.—The term ‘‘Agreement’’ 

6 means the agreement among the State of New Mex7 ico, the Nation, and the United States setting forth 

8 a stipulated and binding agreement signed by the 

9 State of New Mexico and the Nation on April 19, 

10 2005. 

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

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

13 the term in section 3 of Public Law 100–585 (102 

14 Stat. 2973), including Ridges Basin Dam, Lake 

15 Nighthorse, the Pipeline, and any other features or 

16 modifications made pursuant to the Colorado Ute 

17 Settlement Act Amendments of 2000 (Public Law 

18 106–554; 114 Stat. 2763A–258). 

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

20 Gallup, New Mexico. 

21 (5) COMPACT.—The term ‘‘Compact’’ means 

22 the Upper Colorado River Basin Compact as con23 sented to by the Act of April 6, 1949 (63 Stat. 31, 

24 chapter 48). 

25 (6) CONTRACT.—The term ‘‘Contract’’ means 

26 the contract between the United States and the NaVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
4 

•S 1171 RS

1 tion setting forth certain commitments, rights, and 

2 obligations of the United States and the Nation, as 

3 described in paragraph 6.0 of the Agreement. 

4 (7) DEPLETION.—The term ‘‘depletion’’ means 

5 the depletion of the flow of the San Juan River 

6 stream system in State of New Mexico by a par7 ticular use of water (including any depletion incident 

8 to the use) and represents the diversion from the 

9 stream system by the use, less return flows to the 

10 stream system from the use. 

11 (8) DRAFT IMPACT STATEMENT.—The term 

12 ‘‘Draft Impact Statement’’ means the draft environ13 mental impact statement prepared by the Bureau of 

14 Reclamation for the Project dated March 2007. 

15 (9) FUND.—The term ‘‘Fund’’ means the Rec16 lamation Waters Settlements Fund established by 

17 section 201(a). 

18 (10) HYDROLOGIC DETERMINATION.—The term 

19 ‘‘hydrologic determination’’ means the draft hydro20 logic determination entitled ‘‘Water Availability from 

21 Navajo Reservoir and the Upper Colorado River 

22 Basin for Use in New Mexico,’’ prepared by the Bu23 reau of Reclamation pursuant to section 11 of the 

24 Act of June 13, 1962 (Public Law 87–483; 76 Stat. 

25 99), and dated May 2006. 


wwoods2 on PRODPC68 with BILLS
5 

•S 1171 RS

1 (11) NATION.—The term ‘‘Nation’’ means the 

2 Navajo Nation, a body politic and federally-recog3 nized Indian nation as provided for in section 101(2) 

4 of the Federally Recognized Indian Tribe List of 

5 1994 (25 U.S.C. 497a(2)), also known variously as 

6 the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, 

7 New Mexico & Utah,’’ and the ‘‘Navajo Tribe of In8 dians’’ and other similar names, and includes all 

9 bands of Navajo Indians and chapters of the Navajo 

10 Nation. 

11 (12) NAVAJO INDIAN IRRIGATION PROJECT.— 

12 The term ‘‘Navajo Indian Irrigation Project’’ means 

13 the Navajo Indian irrigation project authorized by 

14 section 2 of Public Law 87–483 (76 Stat. 96). 

15 (13) NAVAJO RESERVOIR.—The term ‘‘Navajo 

16 Reservoir’’ means the reservoir created by the im17 poundment of the San Juan River at Navajo Dam, 

18 as authorized by the Act of April 11, 1956 (com19 monly known as the ‘‘Colorado River Storage 

20 Project Act’’) (43 U.S.C. 620 et seq.). 

21 (14) NAVAJO NATION MUNICIPAL PIPELINE.— 

22 The term ‘‘Navajo Nation Municipal Pipeline’’ 

23 means the pipeline used to convey the water of the 

24 Animas-La Plata Project of the Navajo Nation from 

25 the City of Farmington, New Mexico, to commuVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
6 

•S 1171 RS

1 nities of the Navajo Nation located in close prox2 imity to the San Juan River Valley in State of New 

3 Mexico (including the City of Shiprock), as author4 ized by section 15(b) of the Colorado Ute Indian 

5 Water Rights Settlement Act of 1988 (Public Law 

6 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). 

7 (15) NON-NAVAJO IRRIGATION DISTRICT.—The 

8 term ‘‘Non-Navajo Irrigation Districts’’ means— 

9 (A) the Hammond Conservancy District; 

10 (B) the Bloomfield Irrigation District; and 

11 (C) any other community ditch organiza12 tion in the San Juan River basin in State of 

13 New Mexico. 

14 (16) PROJECT.—The term ‘‘Project’’ means the 

15 Northwestern New Mexico Rural Water Supply 

16 Project (commonly known as the ‘‘Navajo-Gallup 

17 Pipeline Project’’) authorized under section 302(a), 

18 as substantially described as the preferred alter19 native in the Draft Impact Statement. 

20 (17) PROJECT PARTICIPANTS.—The term 

21 ‘‘Project Participants’’ means the City, the Nation, 

22 and the Jicarilla Apache Nation. 

23 (18) RESOLUTION.—The term ‘‘Resolution’’ 

24 means the Resolution of the Upper Colorado River 

25 Commission entitled ‘‘Use and Accounting of Upper 


wwoods2 on PRODPC68 with BILLS
7 

•S 1171 RS

1 Basin Water Supplied to the Lower Basin in New 

2 Mexico by the Proposed Project’’ and dated June 

3 17, 2003. 

4 (19) SAN JUAN RIVER RECOVERY IMPLEMENTA5 TION PROGRAM.—The term ‘‘San Juan River Recov6 ery Implementation Program’’ means the intergov7 ernmental program established pursuant to the coop8 erative agreement dated October 21, 1992 (including 

9 any amendments to the program). 

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

11 means the Secretary of the Interior, acting through 

12 the Commissioner of Reclamation or any other des13 ignee. 

14 (21) STREAM ADJUDICATION.—The term 

15 ‘‘stream adjudication’’ means the general stream ad16 judication that is the subject of New Mexico v. 

17 United States, et al., No. 75–185 (11th Jud. Dist., 

18 San Juan County, New Mexico) (involving claims to 

19 waters of the San Juan River and the tributaries of 

20 that river). 

21 (22) TRUST FUND.—The term ‘‘Trust Fund’’ 

22 means the Navajo Nation Water Resources Develop23 ment Trust Fund established by section 402(a). 


wwoods2 on PRODPC68 with BILLS
8 

•S 1171 RS

1 SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

2 (a) EFFECT OF EXECUTION OF AGREEMENT.—The 

3 execution of the Agreement under section 401(a)(2) shall 

4 not constitute a major Federal action under the National 

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

6 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 TITLE I—AMENDMENTS TO THE 

16 COLORADO RIVER STORAGE 

17 PROJECT ACT AND PUBLIC 

18 LAW 87–483 

19 SEC. 101. AMENDMENTS TO THE COLORADO RIVER STOR20 AGE PROJECT ACT. 

21 (a) PARTICIPATING PROJECTS.—Paragraph (2) of 

22 the first section of the Act of April 11, 1956 (commonly 

23 known as the ‘‘Colorado River Storage Project Act’’) (43 

24 U.S.C. 620(2)) is amended by inserting ‘‘the North25 western New Mexico Rural Water Supply Project,’’ after 

26 ‘‘Fruitland Mesa,’’. 


wwoods2 on PRODPC68 with BILLS
9 

•S 1171 RS

1 (b) NAVAJO RESERVOIR WATER BANK.—The Act of 

2 April 11, 1956 (commonly known as the ‘‘Colorado River 

3 Storage Project Act’’) is amended— 

4 (1) by redesignating section 16 (43 U.S.C. 

5 620o) as section 17; and 

6 (2) by inserting after section 15 (43 U.S.C. 

7 620n) the following: 

8 ‘‘SEC. 16. (a) The Secretary of the Interior may cre9 ate and operate within the available capacity of Navajo 

10 Reservoir a top water bank. 

11 ‘‘(b) Water made available for the top water bank in 

12 accordance with subsections (c) and (d) shall not be sub13 ject to section 11 of Public Law 87–483 (76 Stat. 99). 

14 ‘‘(c) The top water bank authorized under subsection 

15 (a) shall be operated in a manner that— 

16 ‘‘(1) is consistent with applicable law; and 

17 ‘‘(2) does not impair the ability of the Secretary 

18 of the Interior to deliver water under contracts en19 tered into under— 

20 ‘‘(A) Public Law 87–483 (76 Stat. 96); 

21 and 

22 ‘‘(B) New Mexico State Engineer File Nos. 

23 2847, 2848, 2849, and 2917. 

24 ‘‘(d)(1) The Secretary of the Interior, in cooperation 

25 with the State of New Mexico (acting through the InterVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
10 

•S 1171 RS

1 state Stream Commission), shall develop any terms and 

2 procedures for the storage, accounting, and release of 

3 water in the top water bank that are necessary to comply 

4 with subsection (c). 

5 ‘‘(2) The terms and procedures developed under para6 graph (1) shall include provisions requiring that— 

7 ‘‘(A) the storage of banked water shall be sub8 ject to approval under State law by the New Mexico 

9 State Engineer to ensure that impairment of any ex10 isting water right does not occur, including storage 

11 of water under New Mexico State Engineer File No. 

12 2849; 

13 ‘‘(B) water in the top water bank be subject to 

14 evaporation and other losses during storage; 

15 ‘‘(C) water in the top water bank be released 

16 for delivery to the owner or assigns of the banked 

17 water on request of the owner, subject to reasonable 

18 scheduling requirements for making the release; and 

19 ‘‘(D) water in the top water bank be the first 

20 water spilled or released for flood control purposes 

21 in anticipation of a spill, on the condition that top 

22 water bank water shall not be released or included 

23 for purposes of calculating whether a release should 

24 occur for purposes of satisfying releases required 


wwoods2 on PRODPC68 with BILLS
11 

•S 1171 RS

1 under the San Juan River Recovery Implementation 

2 Program. 

3 ‘‘(e) The Secretary of the Interior may charge fees 

4 to water users that use the top water bank in amounts 

5 sufficient to cover the costs incurred by the United States 

6 in administering the water bank.’’. 

7 SEC. 102. AMENDMENTS TO PUBLIC LAW 87–483. 

8 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

9 Law 87–483 (76 Stat. 96) is amended by striking section 

10 2 and inserting the following: 

11 ‘‘SEC. 2. (a) In accordance with the Act of April 11, 

12 1956 (commonly known as the ‘Colorado River Storage 

13 Project Act’) (43 U.S.C. 620 et seq.), the Secretary of 

14 the Interior is authorized to construct, operate, and main15 tain the Navajo Indian Irrigation Project to provide irriga16 tion water to a service area of not more than 110,630 

17 acres of land. 

18 ‘‘(b)(1) Subject to paragraph (2), the average diver19 sion by the Navajo Indian Irrigation Project from the 

20 Navajo Reservoir over any consecutive 10-year period shall 

21 be the lesser of— 

22 ‘‘(A) 508,000 acre-feet per year; or 

23 ‘‘(B) the quantity of water necessary to supply 

24 an average depletion of 270,000 acre-feet per year. 


wwoods2 on PRODPC68 with BILLS
12 

•S 1171 RS

1 ‘‘(2) The quantity of water diverted for any 1 year 

2 shall not be more than 15 percent of the average diversion 

3 determined under paragraph (1). 

4 ‘‘(c) In addition to being used for irrigation, the 

5 water diverted by the Navajo Indian Irrigation Project 

6 under subsection (b) may be used within the area served 

7 by Navajo Indian Irrigation Project facilities for the fol8 lowing purposes: 

9 ‘‘(1) Aquaculture purposes, including the 

10 rearing of fish in support of the San Juan River 

11 Basin Recovery Implementation Program authorized 

12 by Public Law 106–392 (114 Stat. 1602). 

13 ‘‘(2) Domestic, industrial, or commercial pur14 poses relating to agricultural production and proc15 essing. 

16 ‘‘(3) The generation of hydroelectric power as 

17 an incident to the diversion of water by the Navajo 

18 Indian Irrigation Project for authorized purposes. 

19 ‘‘(4) The implementation of the alternate water 

20 source provisions described in subparagraph 9.2 of 

21 the agreement executed under section 401(a)(2) of 

22 the Northwestern New Mexico Rural Water Projects 

23 Act. 

24 ‘‘(d) The Navajo Indian Irrigation Project water di25 verted under subsection (b) may be transferred to areas 


wwoods2 on PRODPC68 with BILLS
13 

•S 1171 RS

1 located within or outside the area served by Navajo Indian 

2 Irrigation Project facilities, and within or outside the 

3 boundaries of the Navajo Nation, for any beneficial use 

4 in accordance with— 

5 ‘‘(1) the agreement executed under section 

6 401(a)(2) of the Northwestern New Mexico Rural 

7 Water Projects Act; 

8 ‘‘(2) the contract executed under section 

9 304(a)(2)(B) of the Northwestern New Mexico 

10 Rural Water Projects Act; and 

11 ‘‘(3) any other applicable law. 

12 ‘‘(e)(1) The Secretary may use the capacity of the 

13 Navajo Indian Irrigation Project works to convey water 

14 supplies for— 

15 ‘‘(A) the Northwestern New Mexico Rural 

16 Water Supply Project under section 302 of the 

17 Northwestern New Mexico Rural Water Projects 

18 Act; or 

19 ‘‘(B) other nonirrigation purposes authorized 

20 under subsection (c) or (d). 

21 ‘‘(2) The Secretary shall not reallocate, or require re22 payment of, construction costs of the Navajo Indian Irri23 gation Project because of the conveyance of water supplies 

24 under paragraph (1).’’. 


wwoods2 on PRODPC68 with BILLS
14 

•S 1171 RS

1 (b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of 

2 Public Law 87–483 (76 Stat. 100) is amended by adding 

3 at the end the following: 

4 ‘‘(d)(1) For purposes of implementing in a year of 

5 prospective shortage the water allocation procedures es6 tablished by subsection (a), the Secretary of the Interior 

7 shall determine the quantity of any shortages and the ap8 propriate apportionment of water using the normal diver9 sion requirements on the flow of the San Juan River origi10 nating above Navajo Dam based on the following criteria: 

11 ‘‘(A) The quantity of diversion or water delivery 

12 for the current year anticipated to be necessary to 

13 irrigate land in accordance with cropping plans pre14 pared by contractors. 

15 ‘‘(B) The annual diversion or water delivery de16 mands for the current year anticipated for non-irri17 gation uses under water delivery contracts, including 

18 the demand for delivery for uses in the State of Ari19 zona under the Northwestern New Mexico Rural 

20 Water Supply Project authorized by section 302(a) 

21 of the Northwestern New Mexico Rural Water 

22 Projects Act, but excluding any current demand for 

23 surface water for placement into aquifer storage for 

24 future recovery and use. 


wwoods2 on PRODPC68 with BILLS
15 

•S 1171 RS

1 ‘‘(C) An annual normal diversion demand of 

2 135,000 acre-feet for the initial stage of the San 

3 Juan-Chama Project authorized by section 8. 

4 ‘‘(2) The Secretary shall not include in the normal 

5 diversion requirements— 

6 ‘‘(A) the quantity of water that reliably can be 

7 anticipated to be diverted or delivered under a con8 tract from inflows to the San Juan River arising 

9 below Navajo Dam under New Mexico State Engi10 neer File No. 3215; or 

11 ‘‘(B) the quantity of water anticipated to be 

12 supplied through reuse. 

13 ‘‘(3) If the State of New Mexico determines that 

14 water uses under Navajo Reservoir water supply contracts 

15 or diversions by the San Juan-Chama Project need to be 

16 reduced in any 1 year for the State to comply with the 

17 Upper Colorado River Basin Compact, as consented to by 

18 the Act of April 6, 1949 (63 Stat. 31, chapter 48), the 

19 Secretary shall reduce the normal diversion requirements 

20 for the year to reflect the water use or diversion limita21 tions imposed by the State of New Mexico. 

22 ‘‘(e)(1) If the Secretary determines that there is a 

23 shortage of water under subsection (a), the Secretary shall 

24 allocate the shortage to the demands on the Navajo Res25 ervoir water supply in the following order of priority: 


wwoods2 on PRODPC68 with BILLS
16 

•S 1171 RS

1 ‘‘(A) The demand for delivery for uses in the 

2 State of Arizona under the Northwestern New Mex3 ico Rural Water Supply Project authorized by sec4 tion 303 of the Northwestern New Mexico Rural 

5 Water Projects Act, excluding the quantity of water 

6 anticipated to be diverted for the uses from inflows 

7 to the San Juan River that arise below Navajo Dam 

8 in accordance with New Mexico State Engineer File 

9 No. 3215. 

10 ‘‘(B) The demand for delivery for uses allocated 

11 under paragraph 8.2 of the agreement executed 

12 under section 401(a)(2) of the Northwestern New 

13 Mexico Rural Water Projects Act, excluding the 

14 quantity of water anticipated to be diverted for such 

15 uses under State Engineer File No. 3215. 

16 ‘‘(C) The uses in the State of New Mexico that 

17 are determined under subsection (d), in accordance 

18 with the procedure for apportioning the water supply 

19 under subsection (a). 

20 ‘‘(2) For any year for which the Secretary determines 

21 and allocates a shortage in the Navajo Reservoir water 

22 supply, the Secretary shall not deliver, and contractors of 

23 the water supply shall not divert, any of the water supply 

24 for placement into aquifer storage for future recovery and 

25 use. 


wwoods2 on PRODPC68 with BILLS
17 

•S 1171 RS

1 ‘‘(3) To determine the occurrence and amount of any 

2 shortage to contracts entered into under this section, the 

3 Secretary shall not include as available storage any water 

4 stored in a top water bank in Navajo Reservoir established 

5 under section 16(a) of the Act of April 11, 1956 (com6 monly known as the ‘Colorado River Storage Project Act’). 

7 ‘‘(f) The Secretary of the Interior shall apply the 

8 sharing and apportionment of water determined under 

9 subsections (a), (d), and (e) on an annual volume basis. 

10 ‘‘(g) The Secretary of the Interior may revise a deter11 mination of shortages, apportionments, or allocations of 

12 water under subsections (a), (d), and (e) on the basis of 

13 information relating to water supply conditions that was 

14 not available at the time at which the determination was 

15 made. 

16 ‘‘(h) Nothing in this section prohibits the Secretary 

17 from reallocating water for any year, including a year in 

18 which a shortage is determined under subsection (a), in 

19 accordance with cooperative water agreements between 

20 water users providing for a sharing of water supplies. 

21 ‘‘(i) Any water available for diversion under New 

22 Mexico State Engineer File No. 3215 shall be distributed, 

23 to the maximum extent practicable, in proportionate 

24 amounts to the diversion demands of all contractors and 


wwoods2 on PRODPC68 with BILLS
18 

•S 1171 RS

1 subcontractors of the Navajo Reservoir water supply that 

2 are diverting water below Navajo Dam.’’. 

3 SEC. 103. EFFECT ON FEDERAL WATER LAW. 

4 Unless expressly provided in this Act, nothing in this 

5 Act modifies, conflicts with, preempts, or otherwise af6 fects— 

7 (1) the Boulder Canyon Project Act (43 U.S.C. 

8 617 et seq.); 

9 (2) the Boulder Canyon Project Adjustment Act 

10 (54 Stat. 774, chapter 643); 

11 (3) the Act of April 11, 1956 (commonly known 

12 as the ‘‘Colorado River Storage Project Act’’) (43 

13 U.S.C. 620 et seq.); 

14 (4) the Act of September 30, 1968 (commonly 

15 known as the ‘‘Colorado River Basin Project Act’’) 

16 (82 Stat. 885); 

17 (5) Public Law 87–483 (76 Stat. 96); 

18 (6) the Treaty between the United States of 

19 America and Mexico representing utilization of wa20 ters of the Colorado and Tijuana Rivers and of the 

21 Rio Grande, signed at Washington February 3, 1944 

22 (59 Stat. 1219); 

23 (7) the Colorado River Compact of 1922, as ap24 proved by the Presidential Proclamation of June 25, 

25 1929 (46 Stat. 3000); 


wwoods2 on PRODPC68 with BILLS
19 

•S 1171 RS

1 (8) the Compact; 

2 (9) the Act of April 6, 1949 (63 Stat. 31, chap3 ter 48); 

4 (10) the Jicarilla Apache Tribe Water Rights 

5 Settlement Act (106 Stat. 2237); or 

6 (11) section 205 of the Energy and Water De7 velopment Appropriations Act, 2005 (118 Stat. 

8 2949). 

9 TITLE II—RECLAMATION WATER 

10 SETTLEMENTS FUND 

11 SEC. 201. RECLAMATION WATER SETTLEMENTS FUND. 

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

13 Treasury of the United States a fund, to be known as the 

14 ‘‘Reclamation Water Settlements Fund’’, consisting of— 

15 (1) such amounts as are deposited to the Fund 

16 under subsection (b); and 

17 (2) any interest earned on investment of 

18 amounts in the Fund under subsection (d). 

19 (b) DEPOSITS TO FUND.— 

20 (1) IN GENERAL.—For each of fiscal years 

21 2018 through 2028, the Secretary of the Treasury 

22 shall deposit in the Fund, if available, $100,000,000 

23 of the revenues that would otherwise be deposited 

24 for the fiscal year in the fund established by the 


wwoods2 on PRODPC68 with BILLS
20 

•S 1171 RS

1 first section of the Act of June 17, 1902 (32 Stat. 

2 388, chapter 1093). 

3 (2) AVAILABILITY OF AMOUNTS.—Amounts de4 posited in the Fund under paragraph (1) shall be 

5 made available pursuant to this section— 

6 (A) without further appropriation; and 

7 (B) in addition to amounts appropriated 

8 pursuant to any authorization contained in any 

9 other provision of law. 

10 (c) EXPENDITURES FROM FUND.— 

11 (1) IN GENERAL.—For each of fiscal years 

12 2018 through 2030, on request by the Secretary 

13 pursuant to paragraphs (2) and (3), the Secretary 

14 of the Treasury shall transfer from the Fund to the 

15 Secretary an amount not to exceed $100,000,000 for 

16 the fiscal year requested. 

17 (2) REQUESTS.—The Secretary may request a 

18 transfer from the Fund to implement a settlement 

19 agreement approved by Congress that resolves, in 

20 whole or in part, litigation involving the United 

21 States or any other agreement approved by Congress 

22 that is entered into by the Secretary, if the settle23 ment or other agreement requires the Bureau of 

24 Reclamation to plan, design, and construct— 

25 (A) water supply infrastructure; or 


wwoods2 on PRODPC68 with BILLS
21 

•S 1171 RS

1 (B) a project— 

2 (i) to rehabilitate a water delivery sys3 tem to conserve water; or 

4 (ii) to restore fish and wildlife habitat 

5 or otherwise improve environmental condi6 tions associated with or affected by a rec7 lamation project that is in existence on the 

8 date of enactment of this Act. 

9 (3) USE FOR COMPLETION OF PROJECT.— 

10 (A) PRIORITIES.— 

11 (i) FIRST PRIORITY.—The first pri12 ority for expenditure of amounts in the 

13 Fund shall be for the purposes described in 

14 subparagraph (B). 

15 (ii) OTHER PURPOSES.—Any amounts 

16 in the Fund that are not needed for the 

17 purposes described in subparagraph (B) 

18 may be used for other purposes authorized 

19 in paragraph (2). 

20 (B) COMPLETION OF PROJECT.—Effective 

21 beginning January 1, 2018, if, in the judgment 

22 of the Secretary, the deadline described in sec23 tion 401(f)(1)(A)(ix) is unlikely to be met be24 cause a sufficient amount of funding is not oth25 erwise available through appropriations made 


wwoods2 on PRODPC68 with BILLS
22 

•S 1171 RS

1 available pursuant to section 309(a), the Sec2 retary shall request the Secretary of the Treas3 ury to transfer from the Fund to the Secretary 

4 such amounts on an annual basis pursuant to 

5 paragraph (1), not to exceed a total of 

6 $500,000,000, as are necessary to pay the Fed7 eral share of the costs, and substantially com8 plete as expeditiously as practicable, the con9 struction of the water supply infrastructure au10 thorized as part of the Project. 

11 (C) PROHIBITED USE OF FUND.—The Sec12 retary shall not use any amount transferred 

13 from the Fund under subparagraph (A) to 

14 carry out any other feature or activity described 

15 in title IV other than a feature or activity relat16 ing to the construction of the water supply in17 frastructure authorized as part of the Project. 

18 (d) INVESTMENT OF AMOUNTS.— 

19 (1) IN GENERAL.—The Secretary of the Treas20 ury shall invest such portion of the Fund as is not, 

21 in the judgment of the Secretary of the Treasury, 

22 required to meet current withdrawals. 

23 (2) INTEREST-BEARING OBLIGATIONS.—Invest24 ments may be made only in interest-bearing obliga25 tions of the United States. 


wwoods2 on PRODPC68 with BILLS
23 

•S 1171 RS

1 (3) ACQUISITION OF OBLIGATIONS.—For the 

2 purpose of investments under paragraph (1), obliga3 tions may be acquired— 

4 (A) on original issue at the issue price; or 

5 (B) by purchase of outstanding obligations 

6 at the market price. 

7 (4) SALE OF OBLIGATIONS.—Any obligation ac8 quired by the Fund may be sold by the Secretary of 

9 the Treasury at the market price. 

10 (5) CREDITS TO FUND.—The interest on, and 

11 the proceeds from the sale or redemption of, any ob12 ligations held in the Fund shall be credited to, and 

13 form a part of, the Fund. 

14 (e) TRANSFERS OF AMOUNTS.— 

15 (1) IN GENERAL.—The amounts required to be 

16 transferred to the Fund under this section shall be 

17 transferred at least monthly from the general fund 

18 of the Treasury to the Fund on the basis of esti19 mates made by the Secretary of the Treasury. 

20 (2) ADJUSTMENTS.—Proper adjustment shall 

21 be made in amounts subsequently transferred to the 

22 extent prior estimates were in excess of or less than 

23 the amounts required to be transferred. 

24 (f) TERMINATION.—On September 30, 2030— 

25 (1) the Fund shall terminate; and 


wwoods2 on PRODPC68 with BILLS
24 

•S 1171 RS

1 (2) the unexpended and unobligated balance of 

2 the Fund shall be transferred to the general fund of 

3 the Treasury. 

4 TITLE III—NORTHWESTERN NEW 

5 MEXICO RURAL WATER SUP6 PLY PROJECT 

7 SEC. 301. PURPOSES. 

8 The purposes of this subtitle are— 

9 (1) to authorize the Secretary to construct the 

10 Northwestern New Mexico Rural Water Supply 

11 Project; 

12 (2) to allocate the water supply for the Project 

13 among the Nation, the city of Gallup, New Mexico, 

14 and the Jicarilla Apache Nation; and 

15 (3) to authorize the Secretary to enter into 

16 Project repayment contracts with the city of Gallup 

17 and the Jicarilla Apache Nation. 

18 SEC. 302. AUTHORIZATION OF NORTHWESTERN NEW MEX19 ICO RURAL WATER SUPPLY PROJECT. 

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

21 Commissioner of Reclamation, is authorized to design, 

22 construct, operate, and maintain the Project in substantial 

23 accordance with the preferred alternative in the Draft Im24 pact Statement. 


wwoods2 on PRODPC68 with BILLS
25 

•S 1171 RS

1 (b) PROJECT FACILITIES.—To provide for the deliv2 ery of San Juan River water to Project Participants, the 

3 Secretary may construct, operate, and maintain the 

4 Project facilities described in the preferred alternative in 

5 the Draft Impact Statement, including: 

6 (1) A pumping plant on the San Juan River in 

7 the vicinity of Kirtland, New Mexico. 

8 (2)(A) A main pipeline from the San Juan 

9 River near Kirtland, New Mexico, to Shiprock, New 

10 Mexico, and Gallup, New Mexico, which follows 

11 United States Highway 491. 

12 (B) Any pumping plants associated with the 

13 pipeline authorized under subparagraph (A). 

14 (3)(A) A main pipeline from Cutter Reservoir 

15 to Ojo Encino, New Mexico, which follows United 

16 States Highway 550. 

17 (B) Any pumping plants associated with the 

18 pipeline authorized under subparagraph (A). 

19 (4)(A) Lateral pipelines from the main pipelines 

20 to Nation communities in the States of New Mexico 

21 and Arizona. 

22 (B) Any pumping plants associated with the 

23 pipelines authorized under subparagraph (A). 

24 (5) Any water regulation, storage or treatment 

25 facility, service connection to an existing public 


wwoods2 on PRODPC68 with BILLS
26 

•S 1171 RS

1 water supply system, power substation, power dis2 tribution works, or other appurtenant works (includ3 ing a building or access road) that is related to the 

4 Project facilities authorized by paragraphs (1) 

5 through (4), including power transmission facilities 

6 to connect Project facilities to existing high-voltage 

7 transmission facilities. 

8 (c) ACQUISITION OF LAND.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the Secretary may acquire any land or in11 terest in land that is necessary to construct, operate, 

12 and maintain the Project facilities authorized under 

13 subsection (b). 

14 (2) LIMITATION.—The Secretary may not con15 demn water rights for purposes of the Project. 

16 (d) CONDITIONS.— 

17 (1) IN GENERAL.—The Secretary shall not com18 mence construction of the facilities authorized under 

19 subsection (b) until such time as— 

20 (A) the Secretary executes the Agreement 

21 and the Contract; 

22 (B) the contracts authorized under section 

23 304 are executed; 

24 (C) the Secretary— 


wwoods2 on PRODPC68 with BILLS
27 

•S 1171 RS

1 (i) completes an environmental impact 

2 statement for the Project; and 

3 (ii) has issued a record of decision 

4 that provides for a preferred alternative; 

5 and 

6 (D) the State of New Mexico has made ar7 rangements with the Secretary to contribute 

8 $25,000,000 toward the construction costs of 

9 the Project. 

10 (2) COST SHARING.—State contributions re11 quired under paragraph (1)(D) shall be in addition 

12 to amounts that the State of New Mexico contrib13 utes for the planning and construction of regional 

14 facilities to distribute Project water to the City and 

15 surrounding Nation communities before the date on 

16 which the City executes a repayment contract under 

17 section 304(b). 

18 (3) EFFECT.—The design and construction of 

19 the Project shall not be subject to the Indian Self20 Determination and Education Assistance Act (25 

21 U.S.C. 450 et seq.). 

22 (e) POWER ISSUES.— 

23 (1) RESERVATION.—The Secretary shall re24 serve, from existing reservations of Colorado River 

25 Storage Project power for Bureau of Reclamation 


wwoods2 on PRODPC68 with BILLS
28 

•S 1171 RS

1 projects, up to 26 megawatts of power for use by the 

2 Project. 

3 (2) REALLOCATION OF COSTS.—Notwith4 standing the Act of April 11, 1956 (commonly 

5 known as the ‘‘Colorado River Storage Project Act’’) 

6 (43 U.S.C. 620 et seq.), the Secretary shall not re7 allocate or reassign any cost associated with the 

8 Project from an entity covered by this title to the 

9 power function. 

10 (f) CONVEYANCE OF PROJECT FACILITIES.— 

11 (1) IN GENERAL.—The Secretary is authorized 

12 to enter into separate agreements with the City and 

13 the Nation to convey each Project facility authorized 

14 under subsection (b) to the City and the Nation 

15 after— 

16 (A) completion of construction of the 

17 Project; and 

18 (B) execution of a Project operations 

19 agreement approved by the Secretary and the 

20 Project Participants that sets forth— 

21 (i) any terms and conditions that the 

22 Secretary determines are necessary— 

23 (I) to ensure the continuation of 

24 the intended benefits of the Project; 

25 and 


wwoods2 on PRODPC68 with BILLS
29 

•S 1171 RS

1 (II) to fulfill the purposes of this 

2 subtitle; 

3 (ii) requirements acceptable to the 

4 Secretary and the Project Participants 

5 for— 

6 (I) the distribution of water 

7 under the Project; and 

8 (II) the allocation and payment 

9 of annual operation, maintenance, and 

10 replacement costs of the Project based 

11 on the proportionate uses of Project 

12 facilities; and 

13 (iii) conditions and requirements ac14 ceptable to the Secretary and the Project 

15 Participants for operating and maintaining 

16 each Project facility on completion of the 

17 conveyance, including the requirement that 

18 the City and the Nation shall— 

19 (I) comply with— 

20 (aa) the Compact; and 

21 (bb) other applicable law; 

22 and 

23 (II) be responsible for— 


wwoods2 on PRODPC68 with BILLS
30 

•S 1171 RS

1 (aa) the operation, mainte2 nance, and replacement of each 

3 Project facility; and 

4 (bb) the accounting and 

5 management of water conveyance 

6 and Project finances, as nec7 essary to administer and fulfill 

8 the conditions of the Contract ex9 ecuted under section 

10 304(a)(2)(B). 

11 (2) CONVEYANCE TO THE CITY OF GALLUP OR

12 NAVAJO NATION.—In conveying a Project facility 

13 under this subsection, the Secretary shall convey 

14 to— 

15 (A) the City the facilities and any land or 

16 interest in land acquired by the United States 

17 for the construction, operation, and mainte18 nance of the Project that are located within the 

19 corporate boundaries of the City; and 

20 (B) the Nation the facilities and any land 

21 or interests in land acquired by the United 

22 States for the construction, operation, and 

23 maintenance of the Project that are located out24 side the corporate boundaries of the City. 


wwoods2 on PRODPC68 with BILLS
31 

•S 1171 RS

1 (3) EFFECT OF CONVEYANCE.—The conveyance 

2 of each Project facility shall not affect the applica3 tion of the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.) relating to the use of the water 

5 associated with the Project. 

6 (4) NOTICE OF PROPOSED CONVEYANCE.—Not 

7 later than 45 days before the date of a proposed 

8 conveyance of any Project facility, the Secretary 

9 shall submit to the Committee on Resources of the 

10 House of Representatives and to the Committee on 

11 Energy and Natural Resources of the Senate notice 

12 of the conveyance of each Project facility. 

13 (g) COLORADO RIVER STORAGE PROJECT POWER.— 

14 The conveyance of Project facilities under subsection (f) 

15 shall not affect the availability of Colorado River Storage 

16 Project power to the Project under subsection (e). 

17 (h) REGIONAL USE OF PROJECT FACILITIES.— 

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

19 Project facilities constructed under subsection (b) 

20 may be used to treat and convey non-Project water 

21 or water that is not allocated by subsection 303(b) 

22 if— 

23 (A) capacity is available without impairing 

24 any water delivery to a Project Participant; and 


wwoods2 on PRODPC68 with BILLS
32 

•S 1171 RS

1 (B) the unallocated or non-Project water 

2 beneficiary— 

3 (i) has the right to use the water; 

4 (ii) agrees to pay the operation, main5 tenance, and replacement costs assignable 

6 to the beneficiary for the use of the Project 

7 facilities; and 

8 (iii) agrees to pay a fee established by 

9 the Secretary to assist in the recovery of 

10 any capital cost relating to that use. 

11 (2) EFFECT OF PAYMENTS.—Any payments to 

12 the United States or the Nation for the use of un13 used capacity under this subsection or for water 

14 under any subcontract with the Nation or the 

15 Jicarilla Apache Nation shall not alter the construc16 tion repayment requirements or the operation, main17 tenance, and replacement payment requirements of 

18 the Project Participants. 

19 SEC. 303. DELIVERY AND USE OF NORTHWESTERN NEW 

20 MEXICO RURAL WATER SUPPLY PROJECT 

21 WATER. 

22 (a) USE OF PROJECT WATER.— 

23 (1) IN GENERAL.—In accordance with this Act 

24 and other applicable law, water supply from the 


wwoods2 on PRODPC68 with BILLS
33 

•S 1171 RS

1 Project shall be used for municipal, industrial, com2 mercial, domestic, and stock watering purposes. 

3 (2) USE ON CERTAIN LAND.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the Nation may use Project water 

6 allocations on— 

7 (i) land held by the United States in 

8 trust for the Nation and members of the 

9 Nation; and 

10 (ii) land held in fee by the Nation. 

11 (B) TRANSFER.—The Nation may transfer 

12 the purposes and places of use of the allocated 

13 water in accordance with the Agreement and 

14 applicable law. 

15 (3) HYDROELECTRIC POWER.—Hydroelectric 

16 power may be generated as an incident to the deliv17 ery of Project water under paragraph (1). 

18 (4) STORAGE.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), any water contracted for delivery 

21 under paragraph (1) that is not needed for cur22 rent water demands or uses may be delivered by 

23 the Project for placement in underground stor24 age in the State of New Mexico for future re25 covery and use. 


wwoods2 on PRODPC68 with BILLS
34 

•S 1171 RS

1 (B) STATE APPROVAL.—Delivery of water 

2 under subparagraph (A) is subject to— 

3 (i) approval by the State of New Mex4 ico under applicable provisions of State law 

5 relating to aquifer storage and recovery; 

6 and 

7 (ii) the provisions of the Agreement 

8 and this Act. 

9 (b) PROJECT WATER AND CAPACITY ALLOCA10 TIONS.— 

11 (1) DIVERSION.—The Project shall divert from 

12 the Navajo Reservoir and the San Juan River a 

13 quantity of water that does not exceed the lesser 

14 of— 

15 (A) 37,760 acre-feet of water; or 

16 (B) the quantity of water necessary to sup17 ply a depletion from the San Juan River of 

18 35,890 acre-feet. 

19 (2) ALLOCATION.— 

20 (A) IN GENERAL.—Water diverted under 

21 paragraph (1) shall be allocated to the Project 

22 Participants in accordance with subparagraphs 

23 (B) through (E), other provisions of this Act, 

24 and other applicable law. 


wwoods2 on PRODPC68 with BILLS
35 

•S 1171 RS

1 (B) ALLOCATION TO THE CITY OF GAL2 LUP.—The Project shall deliver at the point of 

3 diversion from the San Juan River not more 

4 than 7,500 acre-feet of water for use by the 

5 City. 

6 (C) ALLOCATION TO NAVAJO NATION COM7 MUNITIES IN NEW MEXICO.—For use by the 

8 Nation in the State of New Mexico, the Project 

9 shall deliver at the points of diversion from the 

10 San Juan River or at Navajo Reservoir the less11 er of— 

12 (i) 22,650 acre-feet of water; or 

13 (ii) the quantity of water necessary to 

14 supply a depletion from the San Juan 

15 River of 20,780 acre-feet of water. 

16 (D) ALLOCATION TO NAVAJO NATION COM17 MUNITIES IN ARIZONA.—In accordance with 

18 subsection (d), the Project may deliver at the 

19 point of diversion from the San Juan River not 

20 more than 6,411 acre-feet of water for use by 

21 the Nation in the State of Arizona. 

22 (E) ALLOCATION TO JICARILLA APACHE

23 NATION.—The Project shall deliver at Navajo 

24 Reservoir not more than 1,200 acre-feet of 

25 water for use by the Jicarilla Apache Nation in 


wwoods2 on PRODPC68 with BILLS
36 

•S 1171 RS

1 the southern portion of the Jicarilla Apache 

2 Nation Reservation in the State of New Mexico. 

3 (3) USE IN EXCESS OF ALLOCATION QUAN4 TITY.—Notwithstanding each allocation quantity 

5 limit described in subparagraphs (B), (C), and (E) 

6 of paragraph (2), the Secretary may authorize a 

7 Project Participant to exceed the allocation quantity 

8 limit of that Project Participant if— 

9 (A) capacity is available without impairing 

10 any water delivery to any other Project Partici11 pant; and 

12 (B) the Project Participant benefitting 

13 from the increased allocation quantity— 

14 (i) has the right to use the additional 

15 water; 

16 (ii) agrees to pay the operation, main17 tenance, and replacement costs relating to 

18 the additional use any Project facility; and 

19 (iii) agrees to pay a fee established by 

20 the Secretary to assist in recovering capital 

21 costs relating to that additional use. 

22 (c) SOURCES OF WATER.—The sources of water for 

23 the Project allocated by subsection (b) shall be water origi24 nating in— 


wwoods2 on PRODPC68 with BILLS
37 

•S 1171 RS

1 (1) drainage of the San Juan River above Nav2 ajo Dam, to be supplied under New Mexico State 

3 Engineer File No. 2849; and 

4 (2) inflow to the San Juan River arising below 

5 Navajo Dam, to be supplied under New Mexico 

6 State Engineer File No. 3215. 

7 (d) CONDITIONS FOR USE IN ARIZONA.— 

8 (1) REQUIREMENTS.—Project water shall not 

9 be delivered for use by any community of the Nation 

10 in the State of Arizona under subsection (b)(2)(D) 

11 until the date on which— 

12 (A) the Secretary determines by hydrologic 

13 investigation that sufficient water is reasonably 

14 likely to be available to supply uses from water 

15 of the Colorado River system allocated to the 

16 State of Arizona; 

17 (B) the Secretary submits to Congress the 

18 determination described in subparagraph (A); 

19 (C) the Secretary determines that the uses 

20 in the State of Arizona are within the appor21 tionment of the water of the Colorado River 

22 made to the State of Arizona through compact, 

23 statute, or court decree; 

24 (D) Congress has approved a Navajo Res25 ervoir supply contract between the Nation and 


wwoods2 on PRODPC68 with BILLS
38 

•S 1171 RS

1 the United States to provide for the delivery of 

2 Project water for the uses in Arizona; 

3 (E) the Navajo Nation and the State of 

4 Arizona have entered into an agreement pro5 viding for delivery of water of the Project for 

6 uses in Arizona; and 

7 (F) any other determination is made as 

8 may be required by the Compact. 

9 (2) ACCOUNTING OF USES IN ARIZONA.—Any 

10 depletion of water from the San Juan River stream 

11 system in the State of New Mexico that results from 

12 the diversion of water by the Project for uses within 

13 the State of Arizona (including depletion incidental 

14 to the diversion, impounding, or conveyance of water 

15 in the State of New Mexico for uses in the State of 

16 Arizona)— 

17 (A) shall be accounted for as a part of the 

18 Colorado River System apportionments to the 

19 State of Arizona; and 

20 (B) shall not increase the total quantity of 

21 water to which the State of Arizona is entitled 

22 to use under any compact, statute, or court de23 cree. 

24 (e) FORBEARANCE.— 


wwoods2 on PRODPC68 with BILLS
39 

•S 1171 RS

1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), during any year in which a shortage to the 

3 normal diversion requirement for any use relating to 

4 the Project within the State of Arizona occurs (as 

5 determined under section 11 of Public Law 87–483 

6 (76 Stat. 99)), the Nation may temporarily forbear 

7 the delivery of the water supply of the Navajo Res8 ervoir for uses in the State of New Mexico under the 

9 apportionments of water to the Navajo Indian Irri10 gation Project and the normal diversion require11 ments of the Project to allow an equivalent quantity 

12 of water to be delivered from the Navajo Reservoir 

13 water supply for municipal and domestic uses of the 

14 Nation in the State of Arizona under the Project. 

15 (2) LIMITATION OF FORBEARANCE.—The Na16 tion may forebear the delivery of water under para17 graph (1) of a quantity not exceeding the quantity 

18 of the shortage to the normal diversion requirement 

19 for any use relating to the Project within the State 

20 of Arizona. 

21 (3) EFFECT.—The forbearance of the delivery 

22 of water under paragraph (1) shall be subject to the 

23 requirements relating to accounting and water quan24 tity described in subsection (d)(2). 

25 (f) EFFECT.—Nothing in this Act— 


wwoods2 on PRODPC68 with BILLS
40 

•S 1171 RS

1 (1) authorizes the marketing, leasing, or trans2 fer of the water supplies made available to the Na3 tion under the Contract to non-Navajo water users 

4 in States other than the State of New Mexico; or 

5 (2) authorizes the forbearance of water uses in 

6 the State of New Mexico to allow uses of water in 

7 other States other than as authorized under sub8 section (e). 

9 (g) CONSISTENCY WITH UPPER COLORADO RIVER

10 BASIN COMPACT.—In accordance with the Resolution and 

11 notwithstanding any other provision of law— 

12 (1) water may be diverted by the Project from 

13 the San Juan River in the State of New Mexico for 

14 use in the Lower Colorado River Basin in the State 

15 of New Mexico; and 

16 (2) water diverted under paragraph (1) shall be 

17 a part of the consumptive use apportionment made 

18 to the State of New Mexico by Article III(a) of the 

19 Compact. 

20 SEC. 304. PROJECT CONTRACTS. 

21 (a) NAVAJO NATION CONTRACT.— 

22 (1) HYDROLOGIC DETERMINATION.—Congress 

23 recognizes that the Hydrologic Determination satis24 factory to support approval of the Contract has been 

25 completed. 


wwoods2 on PRODPC68 with BILLS
41 

•S 1171 RS

1 (2) CONTRACT APPROVAL.— 

2 (A) APPROVAL.— 

3 (i) IN GENERAL.—Except to the ex4 tent that any provision of the Contract 

5 conflicts with this Act, Congress approves, 

6 ratifies, and incorporates by reference the 

7 Contract. 

8 (ii) AMENDMENTS.—To the extent 

9 any amendment is executed to make the 

10 Contract consistent with this Act, that 

11 amendment is authorized, ratified, and 

12 confirmed. 

13 (B) EXECUTION OF CONTRACT.—The Sec14 retary, acting on behalf of the United States, 

15 shall enter into the Contract to the extent that 

16 the Contract does not conflict with this Act (in17 cluding any amendment that is required to 

18 make the Contract consistent with this Act). 

19 (3) NO REPAYMENT OBLIGATION.—The Nation 

20 is not obligated to repay— 

21 (A) any share of the construction costs of 

22 the Nation relating to the Project authorized by 

23 section 302(a); or 

24 (B) any costs relating to the construction 

25 of the Navajo Indian Irrigation Project that 


wwoods2 on PRODPC68 with BILLS
42 

•S 1171 RS

1 may otherwise be allocable to the Nation for 

2 use of any facility of the Navajo Indian Irriga3 tion Project to convey water to each Navajo 

4 community under the Project. 

5 (4) OPERATION, MAINTENANCE, AND REPLACE6 MENT OBLIGATION.—Subject to subsection (f), the 

7 Nation shall pay any costs relating to the operation, 

8 maintenance, and replacement of each facility of the 

9 Project that are allocable to the Nation. 

10 (5) LIMITATION, CANCELLATION, TERMINATION, 

11 AND RESCISSION.—The Contract may be limited by 

12 a term of years, canceled, terminated, or rescinded 

13 only by an Act of Congress. 

14 (b) CITY OF GALLUP CONTRACT.— 

15 (1) CONTRACT AUTHORIZATION.—To the extent 

16 consistent with this Act, the Secretary is authorized 

17 to enter into a repayment contract with the City 

18 that requires the City— 

19 (A) to repay, within a 50-year period, the 

20 share of any construction cost of the City relat21 ing to the Project; and 

22 (B) to pay the operation, maintenance, and 

23 replacement costs of the Project that are allo24 cable to the City. 

25 (2) SHARE OF CONSTRUCTION COSTS.— 


wwoods2 on PRODPC68 with BILLS
43 

•S 1171 RS

1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary shall determine the 

3 share of the construction costs of the City relat4 ing to the Project, based on the ability of the 

5 City to pay the construction costs of each facil6 ity of the Project that is allocable to the City. 

7 (B) MINIMUM PERCENTAGE.—The share 

8 of the construction costs of the City shall be at 

9 least 25 percent of the construction costs of the 

10 Project that are allocable to the City. 

11 (3) EXCESS CONSTRUCTION COSTS.—Any con12 struction costs of the Project allocable to providing 

13 capacity to deliver water to the City that are in ex14 cess of the share of the City of the construction 

15 costs of the Project, as determined under paragraph 

16 (2), shall be nonreimbursable. 

17 (4) GRANT FUNDS.—A grant from any other 

18 Federal source shall not be credited toward the 

19 amount required to be repaid by the City under a 

20 repayment contract. 

21 (5) TITLE TRANSFER.—If title is transferred to 

22 the City prior to repayment under section 302(f), 

23 the City shall be required to provide assurances sat24 isfactory to the Secretary of fulfillment of the re25 maining repayment obligation of the City. 


wwoods2 on PRODPC68 with BILLS
44 

•S 1171 RS

1 (6) OPERATION, MAINTENANCE AND REPLACE2 MENT OBLIGATION.—The City shall pay the oper3 ation, maintenance, and replacement costs for each 

4 facility of the Project that is allocable to the City. 

5 (7) WATER DELIVERY SUBCONTRACT.— 

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

7 subparagraph (B), the Secretary shall not enter 

8 into a contract under paragraph (1) with the 

9 City until the City has secured a water supply 

10 for the portion of the Project for which the City 

11 is responsible by entering into, as approved by 

12 the Secretary, a water delivery subcontract for 

13 a period of not less than 40 years beginning on 

14 the date on which the construction of any facil15 ity of the Project serving the City is completed, 

16 but for a period not exceeding 99 years, with— 

17 (i) the Nation, as authorized by the 

18 Contract; or 

19 (ii) the Jicarilla Apache Nation, as 

20 authorized by the settlement contract be21 tween the United States and the Jicarilla 

22 Apache Tribe, authorized by the Jicarilla 

23 Apache Tribe Water Rights Settlement Act 

24 (Public Law 102–441; 106 Stat. 2237). 


wwoods2 on PRODPC68 with BILLS
45 

•S 1171 RS

1 (B) EFFECT.—Nothing in this para2 graph— 

3 (i) prevents the City from obtaining 

4 an alternate source of water for the por5 tion of the Project for which the City is re6 sponsible, subject to approval of the Sec7 retary and the State of New Mexico, acting 

8 through the New Mexico Interstate Stream 

9 Commission and the New Mexico State 

10 Engineer; or 

11 (ii) obligates the Nation or the 

12 Jicarilla Apache Nation to enter into a 

13 water delivery subcontract with the City. 

14 (c) JICARILLA APACHE NATION CONTRACT.— 

15 (1) CONTRACT AUTHORIZATION.—To the extent 

16 consistent with this Act, the Secretary is authorized 

17 to enter into a repayment contract with the Jicarilla 

18 Apache Nation that requires the Jicarilla Apache 

19 Nation— 

20 (A) to repay, within a 50-year period, the 

21 share of any construction cost of the Jicarilla 

22 Apache Nation relating to the Project; and 

23 (B) to pay the operation, maintenance, and 

24 replacement costs of the Project that are allo25 cable to the Jicarilla Apache Nation. 


wwoods2 on PRODPC68 with BILLS
46 

•S 1171 RS

1 (2) SHARE OF CONSTRUCTION COSTS.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), the Secretary shall determine the 

4 share of the Jicarilla Apache Nation of the con5 struction costs of the Project, based on the abil6 ity of the Jicarilla Apache Nation to pay the 

7 construction costs of the Project facilities that 

8 are allocable to the Jicarilla Apache Nation. 

9 (B) MINIMUM PERCENTAGE.—The share 

10 of the Jicarilla Apache Nation under subpara11 graph (A) shall be at least 25 percent of the 

12 construction costs of the Project that are allo13 cable to the Jicarilla Apache Nation. 

14 (3) EXCESS CONSTRUCTION COSTS.—Any con15 struction costs of the Project allocable to providing 

16 capacity to deliver water to the Jicarilla Apache Na17 tion that are in excess of the share of the Jicarilla 

18 Apache Nation of the construction costs of the 

19 Project, as determined under paragraph (2), shall be 

20 nonreimbursable. 

21 (4) GRANT FUNDS.—A grant from any other 

22 Federal source shall not be credited toward the 

23 share of the Jicarilla Apache Nation of construction 

24 costs. 


wwoods2 on PRODPC68 with BILLS
47 

•S 1171 RS

1 (5) NAVAJO INDIAN IRRIGATION PROJECT

2 COSTS.—The Jicarilla Apache Nation shall have no 

3 obligation to repay any Navajo Indian Irrigation 

4 Project construction costs that might otherwise be 

5 allocable to the Jicarilla Apache Nation for use of 

6 the Navajo Indian Irrigation Project facilities to 

7 convey water to the Jicarilla Apache Nation. 

8 (6) OPERATION, MAINTENANCE AND REPLACE9 MENT OBLIGATION.—The Jicarilla Apache Nation 

10 shall pay the operation, maintenance, and replace11 ment costs relating to each facility of the Project 

12 that are allocable to the Jicarilla Apache Nation. 

13 (d) CAPITAL COST ALLOCATIONS.—For purposes of 

14 determining the capital repayment requirements of the 

15 Project Participants under this section, the Secretary shall 

16 review and, as appropriate, update the report prepared by 

17 the Bureau of Reclamation in the Draft Impact Statement 

18 allocating capital construction costs for the Project. 

19 (e) OPERATION, MAINTENANCE, AND REPLACEMENT

20 COST ALLOCATIONS.—For purposes of determining the 

21 operation, maintenance, and replacement obligations of 

22 the Project Participants under this section, the Secretary 

23 shall review and, as appropriate, update the report pre24 pared by the Bureau of Reclamation in the Draft Impact 


wwoods2 on PRODPC68 with BILLS
48 

•S 1171 RS

1 Statement that allocates operation, maintenance, and re2 placement costs for the Project. 

3 (f) TEMPORARY WAIVERS OF PAYMENTS.— 

4 (1) IN GENERAL.—On the date on which the 

5 Project is substantially complete and the Nation re6 ceives a delivery of water generated by the Project, 

7 the Secretary may waive, for a period of not more 

8 than 10 years, the operation, maintenance, and re9 placement costs of the Project allocable to the Na10 tion that the Secretary determines are in excess of 

11 the ability of the Nation to pay. 

12 (2) PAYMENT BY UNITED STATES.—Any oper13 ation, maintenance, or replacement costs waived by 

14 the Secretary under paragraph (1) shall be paid by 

15 the United States. 

16 (3) EFFECT ON CONTRACTS.—Failure of the 

17 Secretary to waive costs under paragraph (1) be18 cause of a lack of availability of Federal funding to 

19 pay the costs under paragraph (2) shall not alter the 

20 obligations of the Nation or the United States under 

21 a repayment contract. 

22 (4) TERMINATION OF AUTHORITY.—The au23 thority of the Secretary to waive costs under para24 graph (1) with respect to a Project facility trans25 ferred to the Nation under section 302(f) shall terVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
49 

•S 1171 RS

1 minate on the date on which the Project facility is 

2 transferred. 

3 SEC. 305. USE OF NAVAJO NATION MUNICIPAL PIPELINE. 

4 In addition to use of the Navajo Nation Municipal 

5 Pipeline to convey the Animas-La Plata Project water of 

6 the Nation, the Nation may use the Navajo Nation Munic7 ipal Pipeline to convey water for other purposes (including 

8 purposes relating to the Project). 

9 SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

10 (a) CONJUNCTIVE GROUNDWATER DEVELOPMENT

11 PLAN.—Not later than 1 year after the date of enactment 

12 of this Act, the Nation, in consultation with the Secretary, 

13 shall complete a conjunctive groundwater development 

14 plan for the wells described in subsections (b) and (c). 

15 (b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac16 cordance with the conjunctive groundwater development 

17 plan, the Secretary may construct or rehabilitate wells and 

18 related pipeline facilities to provide capacity for the diver19 sion and distribution of not more than 1,670 acre-feet of 

20 groundwater in the San Juan River Basin in the State 

21 of New Mexico for municipal and domestic uses. 

22 (c) WELLS IN THE LITTLE COLORADO AND RIO

23 GRANDE BASINS.— 

24 (1) IN GENERAL.—In accordance with the 

25 Project and conjunctive groundwater development 


wwoods2 on PRODPC68 with BILLS
50 

•S 1171 RS

1 plan for the Nation, the Secretary may construct or 

2 rehabilitate wells and related pipeline facilities to 

3 provide capacity for the diversion and distribution 

4 of— 

5 (A) not more than 680 acre-feet of ground6 water in the Little Colorado River Basin in the 

7 State of New Mexico; 

8 (B) not more than 80 acre-feet of ground9 water in the Rio Grande Basin in the State of 

10 New Mexico; and 

11 (C) not more than 770 acre-feet of ground12 water in the Little Colorado River Basin in the 

13 State of Arizona. 

14 (2) USE.—Groundwater diverted and distrib15 uted under paragraph (1) shall be used for munic16 ipal and domestic uses. 

17 (d) ACQUISITION OF LAND.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the Secretary may acquire any land or in20 terest in land that is necessary for the construction, 

21 operation, and maintenance of the wells and related 

22 pipeline facilities authorized under subsections (b) 

23 and (c). 


wwoods2 on PRODPC68 with BILLS
51 

•S 1171 RS

1 (2) LIMITATION.—Nothing in this subsection 

2 authorizes the Secretary to condemn water rights for 

3 the purposes described in paragraph (1). 

4 (e) CONDITION.—The Secretary shall not commence 

5 any construction activity relating to the wells described in 

6 subsections (b) and (c) until the Secretary executes the 

7 Agreement. 

8 (f) CONVEYANCE OF WELLS.— 

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

10 into an agreement with the Nation to convey to the 

11 Nation— 

12 (A) any well or related pipeline facility 

13 constructed or rehabilitated under subsections 

14 (a) and (b) after the wells and related facilities 

15 have been completed; and 

16 (B) any land or interest in land acquired 

17 by the United States for the construction, oper18 ation, and maintenance of the well or related 

19 pipeline facility. 

20 (2) OPERATION, MAINTENANCE, AND REPLACE21 MENT.—On completion of a conveyance under para22 graph (1), the Nation shall assume responsibility for 

23 the operation, maintenance, and replacement of the 

24 well or related pipeline facility conveyed. 


wwoods2 on PRODPC68 with BILLS
52 

•S 1171 RS

1 (3) EFFECT OF CONVEYANCE.—The conveyance 

2 to the Nation of the conjunctive use wells under 

3 paragraph (1) shall not affect the application of the 

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

5 seq.). 

6 (g) USE OF PROJECT FACILITIES.—The capacities of 

7 the treatment facilities, main pipelines, and lateral pipe8 lines of the Project authorized by section 302(b) may be 

9 used to treat and convey groundwater to Nation commu10 nities if the Nation provides for payment of the operation, 

11 maintenance, and replacement costs associated with the 

12 use of the facilities or pipelines. 

13 (h) LIMITATIONS.—The diversion and use of ground14 water by wells constructed or rehabilitated under this sec15 tion shall be made in a manner consistent with applicable 

16 Federal and State law. 

17 SEC. 307. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS. 

18 (a) REHABILITATION.—Subject to subsection (b), the 

19 Secretary shall rehabilitate— 

20 (1) the Fruitland-Cambridge Irrigation Project 

21 to serve not more than 3,335 acres of land, which 

22 shall be considered to be the total serviceable area 

23 of the Project; and 

24 (2) the Hogback-Cudei Irrigation Project to 

25 serve not more than 8,830 acres of land, which shall 


wwoods2 on PRODPC68 with BILLS
53 

•S 1171 RS

1 be considered to be the total serviceable area of the 

2 Project. 

3 (b) CONDITION.—The Secretary shall not commence 

4 any construction activity relating to the rehabilitation of 

5 the Fruitland-Cambridge Irrigation Project or the Hog6 back-Cudei Irrigation Project under subsection (a) until 

7 the Secretary executes the Agreement. 

8 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

9 OBLIGATION.—Upon the date of completion of the reha10 bilitation, the Nation shall assume the obligations for the 

11 operation, maintenance, and replacement of each facility 

12 rehabilitated under this section. 

13 SEC. 308. OTHER IRRIGATION PROJECTS. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary, in consulta16 tion with the State of New Mexico (acting through the 

17 Interstate Stream Commission) and the Non-Navajo Irri18 gation Districts that elect to participate, shall— 

19 (1) conduct a study of Non-Navajo Irrigation 

20 District diversion and ditch facilities; and 

21 (2) based on the study, identify and prioritize 

22 a list of projects, with associated cost estimates, that 

23 are recommended to be implemented to repair, reha24 bilitate, or reconstruct irrigation diversion and ditch 

25 facilities to improve water use efficiency. 


wwoods2 on PRODPC68 with BILLS
54 

•S 1171 RS

1 (b) GRANTS.—The Secretary may provide grants to, 

2 and enter into cooperative agreements with, the Non-Nav3 ajo Irrigation Districts to plan, design, or otherwise imple4 ment the projects identified under subsection (a)(2). 

5 (c) COST-SHARING.— 

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

7 the total cost of carrying out a project under sub8 section (b) shall be not more than 50 percent. 

9 (2) FORM.—The non-Federal share required 

10 under paragraph (1) may be in the form of in-kind 

11 contributions, including the contribution of any valu12 able asset or service that the Secretary determines 

13 would substantially contribute to a project carried 

14 out under subsection (b). 

15 (3) STATE CONTRIBUTION.—The Secretary may 

16 accept from the State of New Mexico a partial or 

17 total contribution toward the non-Federal share for 

18 a project carried out under subsection (b). 

19 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) AUTHORIZATION OF APPROPRIATIONS FOR

21 NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY

22 PROJECT.— 

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

24 appropriated to the Secretary to construct the 


wwoods2 on PRODPC68 with BILLS
55 

•S 1171 RS

1 Project such sums as are necessary for the period of 

2 fiscal years 2008 through 2022. 

3 (2) ADJUSTMENTS.—The amount under para4 graph (1) shall be adjusted by such amounts as may 

5 be required by reason of changes since 2005 in con6 struction costs, as indicated by engineering cost indi7 ces applicable to the types of construction involved. 

8 (3) USE.—In addition to the uses authorized 

9 under paragraph (1), amounts made available under 

10 that paragraph may be used for the conduct of re11 lated activities to comply with Federal environmental 

12 laws. 

13 (b) APPROPRIATIONS FOR CONJUNCTIVE USE

14 WELLS.— 

15 (1) SAN JUAN WELLS.—There is authorized to 

16 be appropriated to the Secretary for the construction 

17 or rehabilitation of conjunctive use wells under sec18 tion 306(b) $30,000,000, as adjusted under para19 graph (3), for the period of fiscal years 2008 

20 through 2018. 

21 (2) WELLS IN THE LITTLE COLORADO AND RIO

22 GRANDE BASINS.—There is authorized to be appro23 priated to the Secretary for the construction or reha24 bilitation of conjunctive use wells under section 


wwoods2 on PRODPC68 with BILLS
56 

•S 1171 RS

1 306(c) such sums as are necessary for the period of 

2 fiscal years 2008 through 2024. 

3 (3) ADJUSTMENTS.—The amount under para4 graph (1) shall be adjusted by such amounts as may 

5 be required by reason of changes since 2004 in con6 struction costs, as indicated by engineering cost indi7 ces applicable to the types of construction or reha8 bilitation involved. 

9 (4) NONREIMBURSABLE EXPENDITURES.— 

10 Amounts made available under paragraphs (1) and 

11 (2) shall be nonreimbursable to the United States. 

12 (5) USE.—In addition to the uses authorized 

13 under paragraphs (1) and (2), amounts made avail14 able under that paragraph may be used for the con15 duct of related activities to comply with Federal en16 vironmental laws. 

17 (c) SAN JUAN RIVER IRRIGATION PROJECTS.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary— 

20 (A) to carry out section 307(a)(1), not 

21 more than $7,700,000, as adjusted under para22 graph (2), for the period of fiscal years 2008 

23 through 2014; and 

24 (B) to carry out section 307(a)(2), not 

25 more than $15,400,000, as adjusted under 


wwoods2 on PRODPC68 with BILLS
57 

•S 1171 RS

1 paragraph (2), for the period of fiscal years 

2 2008 through 2017. 

3 (2) ADJUSTMENT.—The amounts made avail4 able under paragraph (1) shall be adjusted by such 

5 amounts as may be required by reason of changes 

6 since January 1, 2004, in construction costs, as in7 dicated by engineering cost indices applicable to the 

8 types of construction involved in the rehabilitation. 

9 (3) NONREIMBURSABLE EXPENDITURES.— 

10 Amounts made available under this subsection shall 

11 be nonreimbursable to the United States. 

12 (d) OTHER IRRIGATION PROJECTS.—There are au13 thorized to be appropriated to the Secretary to carry out 

14 section 308 $11,000,000 for the period of fiscal years 

15 2008 through 2017. 

16 (e) CULTURAL RESOURCES.— 

17 (1) IN GENERAL.—The Secretary may use not 

18 more than 4 percent of amounts made available 

19 under subsections (a) and (b) for the survey, recov20 ery, protection, preservation, and display of archae21 ological resources in the area of a Project facility or 

22 conjunctive use well. 

23 (2) NONREIMBURSABLE EXPENDITURES.—Any 

24 amounts made available under paragraph (1) shall 


wwoods2 on PRODPC68 with BILLS
58 

•S 1171 RS

1 be nonreimbursable and nonreturnable to the United 

2 States. 

3 (f) FISH AND WILDLIFE FACILITIES.— 

4 (1) IN GENERAL.—In association with the de5 velopment of the Project, the Secretary may use not 

6 more than 4 percent of amounts made available 

7 under subsections (a) and (b) to purchase land and 

8 construct and maintain facilities to mitigate the loss 

9 of, and improve conditions for the propagation of, 

10 fish and wildlife if any such purchase, construction, 

11 or maintenance will not affect the operation of any 

12 water project or use of water. 

13 (2) NONREIMBURSABLE EXPENDITURES.—Any 

14 amounts expended under paragraph (1) shall be 

15 nonreimbursable and nonreturnable to the United 

16 States. 

17 TITLE IV—NAVAJO NATION 

18 WATER RIGHTS 

19 SEC. 401. AGREEMENT. 

20 (a) AGREEMENT APPROVAL.— 

21 (1) APPROVAL BY CONGRESS.—Except to the 

22 extent that any provision of the Agreement conflicts 

23 with this Act, Congress approves, ratifies, and incor24 porates by reference the Agreement (including any 


wwoods2 on PRODPC68 with BILLS
59 

•S 1171 RS

1 amendments to the Agreement that are executed to 

2 make the Agreement consistent with this Act). 

3 (2) EXECUTION BY SECRETARY.—The Sec4 retary, acting on behalf of the United States, shall 

5 enter into the Agreement to the extent that the 

6 Agreement does not conflict with this Act, includ7 ing— 

8 (A) any exhibits to the Agreement requir9 ing the signature of the Secretary; and 

10 (B) any amendments to the Agreement 

11 necessary to make the Agreement consistent 

12 with this Act. 

13 (3) AUTHORITY OF SECRETARY.—The Sec14 retary may carry out any action that the Secretary 

15 determines is necessary or appropriate to implement 

16 the Agreement, the Contract, and this section. 

17 (4) ADMINISTRATION OF NAVAJO RESERVOIR

18 RELEASES.—The State of New Mexico may admin19 ister releases of stored water from Navajo Reservoir 

20 in accordance with subparagraph 9.1 of the Agree21 ment. 

22 (b) WATER AVAILABLE UNDER CONTRACT.— 

23 (1) QUANTITIES OF WATER AVAILABLE.— 

24 (A) IN GENERAL.—Water shall be made 

25 available annually under the Contract for 


wwoods2 on PRODPC68 with BILLS
60 

•S 1171 RS

1 projects in the State of New Mexico supplied 

2 from the Navajo Reservoir and the San Juan 

3 River (including tributaries of the River) under 

4 New Mexico State Engineer File Numbers 

5 2849, 2883, and 3215 in the quantities de6 scribed in subparagraph (B). 

7 (B) WATER QUANTITIES.—The quantities 

8 of water referred to in subparagraph (A) are as 

9 follows: 

Diversion 

(acrefeet/ 

year) 

Depletion 

(acrefeet/ 

year) 

Navajo Indian Irrigation Project 508,000 270,000 

Northwestern New Mexico Rural Water Supply Project 22,650 20,780 

Animas-La Plata Project 4,680 2,340 

Total 535,330 293,120 

10 (C) MAXIMUM QUANTITY.—A diversion of 

11 water to the Nation under the Contract for a 

12 project described in subparagraph (B) shall not 

13 exceed the quantity of water necessary to sup14 ply the amount of depletion for the project. 

15 (D) TERMS, CONDITIONS, AND LIMITA16 TIONS.—The diversion and use of water under 

17 the Contract shall be subject to and consistent 

18 with the terms, conditions, and limitations of 

19 the Agreement, this Act, and any other applica20 ble law. 


wwoods2 on PRODPC68 with BILLS
61 

•S 1171 RS

1 (2) AMENDMENTS TO CONTRACT.—The Sec2 retary, with the consent of the Nation, may amend 

3 the Contract if the Secretary determines that the 

4 amendment is— 

5 (A) consistent with the Agreement; and 

6 (B) in the interest of conserving water or 

7 facilitating beneficial use by the Nation or a 

8 subcontractor of the Nation. 

9 (3) RIGHTS OF THE NATION.—The Nation may, 

10 under the Contract— 

11 (A) use tail water, wastewater, and return 

12 flows attributable to a use of the water by the 

13 Nation or a subcontractor of the Nation if— 

14 (i) the depletion of water does not ex15 ceed the quantities described in paragraph 

16 (1); and 

17 (ii) the use of tail water, wastewater, 

18 or return flows is consistent with the 

19 terms, conditions, and limitations of the 

20 Agreement, the Resolution, and any other 

21 applicable law; and 

22 (B) change a point of diversion, change a 

23 purpose or place of use, and transfer a right for 

24 depletion under this Act (except for a point of 

25 diversion, purpose or place of use, or right for 


wwoods2 on PRODPC68 with BILLS
62 

•S 1171 RS

1 depletion for use in the State of Arizona under 

2 section 303(b)(2)(D)), to another use, purpose, 

3 place, or depletion in the State of New Mexico 

4 to meet a water resource or economic need of 

5 the Nation if— 

6 (i) the change or transfer is subject to 

7 and consistent with the terms of the 

8 Agreement, the Partial Final Decree de9 scribed in paragraph 3.0 of the Agreement, 

10 the Contract, and any other applicable law; 

11 and 

12 (ii) a change or transfer of water use 

13 by the Nation does not alter any obligation 

14 of the United States, the Nation, or an15 other party to pay or repay project con16 struction, operation, maintenance, or re17 placement costs under this Act and the 

18 Contract. 

19 (c) SUBCONTRACTS.— 

20 (1) IN GENERAL.— 

21 (A) SUBCONTRACTS BETWEEN NATION

22 AND THIRD PARTIES.—The Nation may enter 

23 into subcontracts for the delivery of Project 

24 water under the Contract to third parties for 

25 any beneficial use in the State of New Mexico 


wwoods2 on PRODPC68 with BILLS
63 

•S 1171 RS

1 (on or off land held by the United States in 

2 trust for the Nation or a member of the Nation 

3 or land held in fee by the Nation). 

4 (B) APPROVAL REQUIRED.—A subcontract 

5 entered into under subparagraph (A) shall not 

6 be effective until approved by the Secretary in 

7 accordance with this subsection and the Con8 tract. 

9 (C) SUBMITTAL.—The Nation shall submit 

10 to the Secretary for approval or disapproval any 

11 subcontract entered into under this subsection. 

12 (D) DEADLINE.—The Secretary shall ap13 prove or disapprove a subcontract submitted to 

14 the Secretary under subparagraph (C) not later 

15 than the later of— 

16 (i) the date that is 180 days after the 

17 date on which the subcontract is submitted 

18 to the Secretary; and 

19 (ii) the date that is 60 days after the 

20 date on which a subcontractor complies 

21 with— 

22 (I) section 102(2)(C) of the Na23 tional Environmental Policy Act of 

24 1969 (42 U.S.C. 4332(2)(C)); and 


wwoods2 on PRODPC68 with BILLS
64 

•S 1171 RS

1 (II) any other requirement of 

2 Federal law. 

3 (E) ENFORCEMENT.—A party to a sub4 contract may enforce the deadline described in 

5 subparagraph (D) under section 1361 of title 

6 28, United States Code. 

7 (F) COMPLIANCE WITH OTHER LAW.—A 

8 subcontract described in subparagraph (A) shall 

9 comply with the Agreement, the Partial Final 

10 Decree described in paragraph 3.0 of the Agree11 ment, and any other applicable law. 

12 (2) ALIENATION.— 

13 (A) PERMANENT ALIENATION.—The Na14 tion shall not permanently alienate any right 

15 granted to the Nation under the Contract. 

16 (B) MAXIMUM TERM.—The term of any 

17 water use subcontract (including a renewal) 

18 under this subsection shall be not more than 99 

19 years. 

20 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

21 subsection— 

22 (A) provides congressional authorization 

23 for the subcontracting rights of the Nation; and 


wwoods2 on PRODPC68 with BILLS
65 

•S 1171 RS

1 (B) is deemed to fulfill any requirement 

2 that may be imposed by section 2116 of the Re3 vised Statutes (25 U.S.C. 177). 

4 (4) FORFEITURE.—The nonuse of the water 

5 supply secured by a subcontractor of the Nation 

6 under this subsection shall not result in forfeiture, 

7 abandonment, relinquishment, or other loss of any 

8 part of a right decreed to the Nation under the Con9 tract or this section. 

10 (5) NO PER CAPITA PAYMENTS.—No part of 

11 the revenue from a water use subcontract under this 

12 subsection shall be distributed to any member of the 

13 Nation on a per capita basis. 

14 (d) WATER LEASES NOT REQUIRING SUB15 CONTRACTS.— 

16 (1) AUTHORITY OF NATION.— 

17 (A) IN GENERAL.—The Nation may lease, 

18 contract, or otherwise transfer to another party 

19 or to another purpose or place of use in the 

20 State of New Mexico (on or off land that is held 

21 by the United States in trust for the Nation or 

22 a member of the Nation or held in fee by the 

23 Nation) a water right that— 

24 (i) is decreed to the Nation under the 

25 Agreement; and 


wwoods2 on PRODPC68 with BILLS
66 

•S 1171 RS

1 (ii) is not subject to the Contract. 

2 (B) COMPLIANCE WITH OTHER LAW.—In 

3 carrying out an action under this subsection, 

4 the Nation shall comply with the Agreement, 

5 the Partial Final Decree described in paragraph 

6 3.0 of the Agreement, the Supplemental Partial 

7 Final Decree described in paragraph 4.0 of the 

8 Agreement, and any other applicable law. 

9 (2) ALIENATION; MAXIMUM TERM.— 

10 (A) ALIENATION.—The Nation shall not 

11 permanently alienate any right granted to the 

12 Nation under the Agreement. 

13 (B) MAXIMUM TERM.—The term of any 

14 water use lease, contract, or other arrangement 

15 (including a renewal) under this subsection 

16 shall be not more than 99 years. 

17 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

18 subsection— 

19 (A) provides congressional authorization 

20 for the lease, contracting, and transfer of any 

21 water right described in paragraph (1)(A); and 

22 (B) is deemed to fulfill any requirement 

23 that may be imposed by the provisions of sec24 tion 2116 of the Revised Statutes (25 U.S.C. 

25 177). 


wwoods2 on PRODPC68 with BILLS
67 

•S 1171 RS

1 (4) FORFEITURE.—The nonuse of a water right 

2 of the Nation by a lessee or contractor to the Nation 

3 under this subsection shall not result in forfeiture, 

4 abandonment, relinquishment, or other loss of any 

5 part of a right decreed to the Nation under the Con6 tract or this section. 

7 (e) HYDROGRAPHIC SURVEY.— 

8 (1) PREPARATION.—The Secretary, on behalf of 

9 the United States, shall prepare a hydrographic sur10 vey under the joint supervision of the Secretary and 

11 the State of New Mexico (acting through the New 

12 Mexico State Engineer) to identify and quantify any 

13 historic or existing diversion or use of water (includ14 ing from surface water and underground water 

15 sources) by the Nation or a member of the Nation 

16 from the San Juan River Basin in the State of New 

17 Mexico, as described in subparagraph 4.2 of the 

18 Agreement. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), there is authorized to be appro22 priated to the Bureau of Indian Affairs to carry 

23 out paragraph (1) $5,000,000 for the period of 

24 fiscal years 2008 through 2013. 


wwoods2 on PRODPC68 with BILLS
68 

•S 1171 RS

1 (B) ADJUSTMENT.—The amounts made 

2 available under subparagraph (A) shall be ad3 justed by such amounts as are necessary to ac4 count for increases in the costs of preparing a 

5 hydrographic survey after January 1, 2004, as 

6 determined using cost indices applicable to the 

7 types of technical and engineering work in8 volved in preparing the hydrographic survey. 

9 (C) NONREIMBURSABLE EXPENDI10 TURES.—Any amounts made available under 

11 this paragraph shall be nonreimbursable to the 

12 United States. 

13 (f) NULLIFICATION.— 

14 (1) DEADLINES.— 

15 (A) IN GENERAL.—In carrying out this 

16 section, the following deadlines apply with re17 spect to implementation of the Agreement: 

18 (i) AGREEMENT.—Not later than De19 cember 31, 2008, the Secretary shall exe20 cute the Agreement. 

21 (ii) CONTRACT.—Not later than De22 cember 31, 2009, the Secretary and the 

23 Nation shall execute the Contract. 

24 (iii) PARTIAL FINAL DECREE.—Not 

25 later than December 31, 2012, the court in 


wwoods2 on PRODPC68 with BILLS
69 

•S 1171 RS

1 the stream adjudication shall have entered 

2 the Partial Final Decree described in para3 graph 3.0 of the Agreement. 

4 (iv) HYDROGRAPHIC SURVEY.—Not 

5 later than December 31, 2013, the Sec6 retary shall complete the hydrographic sur7 vey described in subsection (e). 

8 (v) FRUITLAND-CAMBRIDGE IRRIGA9 TION PROJECT.—Not later than December 

10 31, 2014, the rehabilitation construction of 

11 the Fruitland-Cambridge Irrigation Project 

12 authorized under section 307(a)(1) shall be 

13 completed. 

14 (vi) SUPPLEMENTAL PARTIAL FINAL

15 DECREE.—Not later than December 31, 

16 2015, the court in the stream adjudication 

17 shall enter the Supplemental Partial Final 

18 Decree described in subparagraph 4.0 of 

19 the Agreement. 

20 (vii) HOGBACK-CUDEI IRRIGATION

21 PROJECT.—Not later than December 31, 

22 2017, the rehabilitation construction of the 

23 Hogback-Cudei Irrigation Project author24 ized under section 307(a)(2) shall be com25 pleted. 


wwoods2 on PRODPC68 with BILLS
70 

•S 1171 RS

1 (viii) TRUST FUND.—Not later than 

2 December 31, 2018, the United States 

3 shall make all deposits into the Trust 

4 Fund under section 402. 

5 (ix) CONJUNCTIVE WELLS.—Not later 

6 than December 31, 2018, the funds au7 thorized to be appropriated under section 

8 309(b)(1) for the conjunctive use wells au9 thorized under section 306(b) should be 

10 appropriated. 

11 (x) NORTHWESTERN NEW MEXICO

12 RURAL WATER SUPPLY PROJECT.—Not 

13 later than December 31, 2022, the con14 struction of all Project facilities shall be 

15 completed. 

16 (B) EXTENSION.—A deadline described in 

17 subparagraph (A) may be extended if the Na18 tion, the United States (acting through the Sec19 retary), and the State of New Mexico (acting 

20 through the New Mexico Interstate Stream 

21 Commission) agree that an extension is reason22 ably necessary. 

23 (2) REVOCABILITY OF AGREEMENT, CONTRACT

24 AND AUTHORIZATIONS.— 


wwoods2 on PRODPC68 with BILLS
71 

•S 1171 RS

1 (A) PETITION.—If the Nation determines 

2 that a deadline described in paragraph (1)(A) is 

3 not substantially met, the Nation may submit 

4 to the court in the stream adjudication a peti5 tion to enter an order terminating the Agree6 ment and Contract. 

7 (B) TERMINATION.—On issuance of an 

8 order to terminate the Agreement and Contract 

9 under subparagraph (A)— 

10 (i) the Trust Fund shall be termi11 nated; 

12 (ii) the balance of the Trust Fund 

13 shall be deposited in the general fund of 

14 the Treasury; 

15 (iii) the authorizations for construc16 tion and rehabilitation of water projects 

17 under this Act shall be revoked and any 

18 Federal activity related to that construc19 tion and rehabilitation shall be suspended; 

20 and 

21 (iv) this title and titles I and III shall 

22 be null and void. 

23 (3) CONDITIONS NOT CAUSING NULLIFICATION

24 OF SETTLEMENT.— 


wwoods2 on PRODPC68 with BILLS
72 

•S 1171 RS

1 (A) IN GENERAL.—If a condition described 

2 in subparagraph (B) occurs, the Agreement and 

3 Contract shall not be nullified or terminated. 

4 (B) CONDITIONS.—The conditions referred 

5 to in subparagraph (A) are as follows: 

6 (i) A lack of right to divert at the ca7 pacities of conjunctive use wells con8 structed or rehabilitated under section 

9 306. 

10 (ii) A failure— 

11 (I) to determine or resolve an ac12 counting of the use of water under 

13 this Act in the State of Arizona; 

14 (II) to obtain a necessary water 

15 right for the consumptive use of water 

16 in Arizona; 

17 (III) to contract for the delivery 

18 of water for use in Arizona; or 

19 (IV) to construct and operate a 

20 lateral facility to deliver water to a 

21 community of the Nation in Arizona, 

22 under the Project. 

23 (4) RIGHTS OF THE NATION.—A tribal right 

24 under the Contract, a water right adjudicated con25 sistent with the Contract in the stream adjudication 


wwoods2 on PRODPC68 with BILLS
73 

•S 1171 RS

1 by the Partial Final Decree described in paragraph 

2 3.0 of the Agreement, and any other tribal water 

3 right stipulated, adjudicated, or decreed as described 

4 in the Agreement and this Act shall be held in trust 

5 by the United States in perpetuity for the benefit of 

6 the Nation. 

7 (g) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), nothing in the Agreement, the Contract, 

10 or this section quantifies or adversely affects the 

11 land and water rights, or claims or entitlements to 

12 water, of any Indian tribe or community other than 

13 the rights, claims, or entitlements of the Nation in, 

14 to, and from the San Juan River Basin in the State 

15 of New Mexico. 

16 (2) EXCEPTION.—The right of the Nation to 

17 use water under water rights the Nation has in 

18 other river basins in the State of New Mexico shall 

19 be forborne to the extent that the Nation supplies 

20 the uses for which the water rights exist by diver21 sions of water from the San Juan River Basin under 

22 the Project consistent with subparagraph 9.13 of the 

23 Agreement. 


wwoods2 on PRODPC68 with BILLS
74 

•S 1171 RS

1 SEC. 402. TRUST FUND. 

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

3 Treasury a fund to be known as the ‘‘Navajo Nation 

4 Water Resources Development Trust Fund’’, consisting 

5 of— 

6 (1) such amounts as are appropriated to the 

7 Trust Fund under subsection (f); and 

8 (2) any interest earned on investment of 

9 amounts in the Trust Fund under subsection (d). 

10 (b) USE OF FUNDS.—The Nation may use amounts 

11 in the Trust Fund— 

12 (1) to investigate, construct, operate, maintain, 

13 or replace water project facilities, including facilities 

14 conveyed to the Nation under this Act; and 

15 (2) to investigate, implement, or improve a 

16 water conservation measure (including a metering or 

17 monitoring activity) necessary for the Nation to 

18 make use of a water right of the Nation under the 

19 Agreement. 

20 (c) MANAGEMENT.—The Secretary shall manage the 

21 Trust Fund, invest amounts in the Trust Fund, and make 

22 amounts available from the Trust Fund for distribution 

23 to the Nation in accordance with the American Indian 

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

25 4001 et seq.). 


wwoods2 on PRODPC68 with BILLS
75 

•S 1171 RS

1 (d) INVESTMENT OF THE TRUST FUND.—The Sec2 retary shall invest amounts in the Trust Fund in accord3 ance with— 

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

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

6 1938 (25 U.S.C. 162a); and 

7 (3) the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

9 (e) CONDITIONS FOR EXPENDITURES AND WITH10 DRAWALS.— 

11 (1) TRIBAL MANAGEMENT PLAN.— 

12 (A) IN GENERAL.—Subject to paragraph 

13 (7), on approval by the Secretary of a tribal 

14 management plan in accordance with the Amer15 ican Indian Trust Fund Management Reform 

16 Act of 1994 (25 U.S.C. 4001 et seq.), the Na17 tion may withdraw all or a portion of the 

18 amounts in the Trust Fund. 

19 (B) REQUIREMENTS.—In addition to any 

20 requirements under the American Indian Trust 

21 Fund Management Reform Act of 1994 (25 

22 U.S.C. 4001 et seq.), the tribal management 

23 plan shall require that the Nation only use 

24 amounts in the Trust Fund for the purposes 

25 described in subsection (b), including the identiVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6401 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
76 

•S 1171 RS

1 fication of water conservation measures to be 

2 implemented in association with the agricultural 

3 water use of the Nation. 

4 (2) 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 Trust Fund are 

8 used in accordance with this Act. 

9 (3) NO LIABILITY.—Neither the Secretary nor 

10 the Secretary of the Treasury shall be liable for the 

11 expenditure or investment of any amounts with12 drawn from the Trust Fund by the Nation. 

13 (4) EXPENDITURE PLAN.— 

14 (A) IN GENERAL.—The Nation shall sub15 mit to the Secretary for approval an expendi16 ture plan for any portion of the amounts in the 

17 Trust Fund made available under this section 

18 that the Nation does not withdraw under this 

19 subsection. 

20 (B) DESCRIPTION.—The expenditure plan 

21 shall describe the manner in which, and the 

22 purposes for which, funds of the Nation remain23 ing in the Trust Fund will be used. 

24 (C) APPROVAL.—On receipt of an expendi25 ture plan under subparagraph (A), the SecVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
77 

•S 1171 RS

1 retary shall approve the plan if the Secretary 

2 determines that the plan is reasonable and con3 sistent with this Act. 

4 (5) ANNUAL REPORT.—The Nation shall sub5 mit to the Secretary an annual report that describes 

6 any expenditures from the Trust Fund during the 

7 year covered by the report. 

8 (6) LIMITATION.—No portion of the amounts in 

9 the Trust Fund shall be distributed to any Nation 

10 member on a per capita basis. 

11 (7) CONDITIONS.—Any amount authorized to 

12 be appropriated to the Trust Fund under subsection 

13 (f) shall not be available for expenditure or with14 drawal— 

15 (A) before December 31, 2018; and 

16 (B) until the date on which the court in 

17 the stream adjudication has entered— 

18 (i) the Partial Final Decree described 

19 in paragraph 3.0 of the Agreement; and 

20 (ii) the Supplemental Partial Final 

21 Decree described in paragraph 4.0 of the 

22 Agreement. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated for deposit in the Trust 

25 Fund— 


wwoods2 on PRODPC68 with BILLS
78 

•S 1171 RS

1 (1) $6,000,000 for each of fiscal years 2008 

2 through 2012; and 

3 (2) $4,000,000 for each of fiscal years 2013 

4 through 2017. 

5 SEC. 403. WAIVERS AND RELEASES. 

6 (a) EXECUTION.—The Nation, on behalf of itself and 

7 members of the Nation (other than members in their ca8 pacity as allottees), and the United States, acting through 

9 the Secretary and in its capacity as trustee for the Nation, 

10 shall execute waivers and releases in accordance with 

11 paragraph 7.0 of the Agreement. 

12 (b) RESERVATION.—Notwithstanding subsection (a), 

13 the Nation and its members (including members in their 

14 capacity as allottees) and the United States, as trustee 

15 for the Nation and allottees, shall retain the rights and 

16 claims specified in paragraph 7.0 of the Agreement. 

17 (c) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The waivers and releases de19 scribed in subsection (a) shall be effective on the 

20 date on which the Secretary publishes in the Federal 

21 Register a statement of findings documenting that 

22 each of the deadlines described in section 401(f)(1) 

23 have been met. 

24 (2) DEADLINE.—If the deadlines in section 

25 401(f)(1)(A) have not been met by the later of 


wwoods2 on PRODPC68 with BILLS
79 

•S 1171 RS

1 March 1, 2023, or the date of any extension under 

2 section 401(f)(1)(B)— 

3 (A) the waivers and releases described in 

4 subsection (a) shall be of no effect; and 

5 (B) section 401(f)(2)(B) shall apply. 

6 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

8 ‘‘Northwestern New Mexico Rural Water Projects Act’’. 

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

10 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Compliance with environmental laws. 

Sec. 4. No reallocation of costs. 

Sec. 5. Interest rate. 

TITLE I—AMENDMENTS TO THE COLORADO RIVER STORAGE 

PROJECT ACT AND PUBLIC LAW 87–483 

Sec. 101. Amendments to the Colorado River Storage Project Act. 

Sec. 102. Amendments to Public Law 87–483. 

Sec. 103. Effect on Federal water law. 

TITLE II—RECLAMATION WATER SETTLEMENTS FUND 

Sec. 201. Reclamation Water Settlements Fund. 

TITLE III—NAVAJO-GALLUP WATER SUPPLY PROJECT 

Sec. 301. Purposes. 

Sec. 302. Authorization of Navajo-Gallup Water Supply Project. 

Sec. 303. Delivery and use of Navajo-Gallup Water Supply Project water. 

Sec. 304. Project contracts. 

Sec. 305. Navajo Nation Municipal Pipeline. 

Sec. 306. Authorization of conjunctive use wells. 

Sec. 307. San Juan River Navajo Irrigation Projects. 

Sec. 308. Other irrigation projects. 

Sec. 309. Authorization of appropriations. 

TITLE IV—NAVAJO NATION WATER RIGHTS 

Sec. 401. Agreement. 

Sec. 402. Trust Fund. 

Sec. 403. Waivers and releases. 

Sec. 404. Water rights held in trust. 


wwoods2 on PRODPC68 with BILLS
80 

•S 1171 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AAMODT ADJUDICATION.—The term ‘‘Aamodt 

4 adjudication’’ means the general stream adjudication 

5 that is the subject of the civil action entitled ‘‘State 

6 of New Mexico, ex rel. State Engineer and United 

7 States of America, Pueblo de Nambe, Pueblo de 

8 Pojoaque, Pueblo de San Ildefonso, and Pueblo de 

9 Tesuque v. R. Lee Aamodt, et al.’’, No. 66 CV 6639 

10 MV/LCS (D.N.M.). 

11 (2) ABEYTA ADJUDICATION.—The term ‘‘Abeyta 

12 adjudication’’ means the general stream adjudication 

13 that is the subject of the civil actions entitled ‘‘State 

14 of New Mexico v. Abeyta and State of New Mexico v. 

15 Arrellano’’, Civil Nos. 7896–BB (D.N.M) and 7939– 

16 BB (D.N.M.) (consolidated). 

17 (3) ACRE-FEET.—The term ‘‘acre-feet’’ means 

18 acre-feet per year. 

19 (4) AGREEMENT.—The term ‘‘Agreement’’ means 

20 the agreement among the State of New Mexico, the 

21 Nation, and the United States setting forth a stipu22 lated and binding agreement signed by the State of 

23 New Mexico and the Nation on April 19, 2005. 

24 (5) ALLOTTEE.—The ‘‘allottee’’ means a person 

25 that holds a beneficial real property interest in a 

26 Navajo allotment that— 


wwoods2 on PRODPC68 with BILLS
81 

•S 1171 RS

1 (A) is located within the Navajo Reserva2 tion or the State of New Mexico; 

3 (B) is held in trust by the United States; 

4 and 

5 (C) was originally granted to an individual 

6 member of the Nation by public land order or 

7 otherwise. 

8 (6) ANIMAS-LA PLATA PROJECT.—The term 

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

10 the term in section 3 of Public Law 100–585 (102 

11 Stat. 2973), including Ridges Basin Dam, Lake 

12 Nighthorse, the Navajo Nation Municipal Pipeline, 

13 and any other features or modifications made pursu14 ant to the Colorado Ute Settlement Act Amendments 

15 of 2000 (Public Law 106–554; 114 Stat. 2763A–258). 

16 (7) CITY.—The term ‘‘City’’ means the city of 

17 Gallup, New Mexico, or a designee of the City, with 

18 authority to provide water to the Gallup, New Mexico 

19 service area. 

20 (8) COMPACT.—The term ‘‘Compact’’ means the 

21 Upper Colorado River Basin Compact as consented to 

22 by the Act of April 6, 1949 (63 Stat. 31, chapter 48). 

23 (9) CONTRACT.—The term ‘‘Contract’’ means the 

24 contract between the United States and the Nation 

25 setting forth certain commitments, rights, and obligaVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
82 

•S 1171 RS

1 tions of the United States and the Nation, as de2 scribed in paragraph 6.0 of the Agreement. 

3 (10) DEPLETION.—The term ‘‘depletion’’ means 

4 the depletion of the flow of the San Juan River 

5 stream system in the State of New Mexico by a par6 ticular use of water (including any depletion incident 

7 to the use) and represents the diversion from the 

8 stream system by the use, less return flows to the 

9 stream system from the use. 

10 (11) DRAFT IMPACT STATEMENT.—The term 

11 ‘‘Draft Impact Statement’’ means the draft environ12 mental impact statement prepared by the Bureau of 

13 Reclamation for the Project dated March 2007. 

14 (12) FUND.—The term ‘‘Fund’’ means the Rec15 lamation Waters Settlements Fund established by sec16 tion 201(a). 

17 (13) HYDROLOGIC DETERMINATION.—The term 

18 ‘‘hydrologic determination’’ means the hydrologic de19 termination entitled ‘‘Water Availability from Navajo 

20 Reservoir and the Upper Colorado River Basin for 

21 Use in New Mexico,’’ prepared by the Bureau of Rec22 lamation pursuant to section 11 of the Act of June 

23 13, 1962 (Public Law 87–483; 76 Stat. 99), and 

24 dated May 23, 2007. 


wwoods2 on PRODPC68 with BILLS
83 

•S 1171 RS

1 (14) NATION.—The term ‘‘Nation’’ means the 

2 Navajo Nation, a body politic and federally-recog3 nized Indian nation as provided for in section 101(2) 

4 of the Federally Recognized Indian Tribe List of 1994 

5 (25 U.S.C. 497a(2)), also known variously as the 

6 ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, New 

7 Mexico & Utah,’’ and the ‘‘Navajo Tribe of Indians’’ 

8 and other similar names, and includes all bands of 

9 Navajo Indians and chapters of the Navajo Nation. 

10 (15) NAVAJO-GALLUP WATER SUPPLY PROJECT; 

11 PROJECT.—The term ‘‘Navajo-Gallup Water Supply 

12 Project’’ or ‘‘Project’’ means the Navajo-Gallup Water 

13 Supply Project authorized under section 302(a), as 

14 described as the preferred alternative in the Draft Im15 pact Statement. 

16 (16) NAVAJO INDIAN IRRIGATION PROJECT.—The 

17 term ‘‘Navajo Indian Irrigation Project’’ means the 

18 Navajo Indian irrigation project authorized by sec19 tion 2 of Public Law 87–483 (76 Stat. 96). 

20 (17) NAVAJO RESERVOIR.—The term ‘‘Navajo 

21 Reservoir’’ means the reservoir created by the im22 poundment of the San Juan River at Navajo Dam, 

23 as authorized by the Act of April 11, 1956 (commonly 

24 known as the ‘‘Colorado River Storage Project Act’’) 

25 (43 U.S.C. 620 et seq.). 


wwoods2 on PRODPC68 with BILLS
84 

•S 1171 RS

1 (18) NAVAJO NATION MUNICIPAL PIPELINE; PIPE2 LINE.—The term ‘‘Navajo Nation Municipal Pipe3 line’’ or ‘‘Pipeline’’ means the pipeline used to convey 

4 the water of the Animas-La Plata Project of the Nav5 ajo Nation from the City of Farmington, New Mexico, 

6 to communities of the Navajo Nation located in close 

7 proximity to the San Juan River Valley in the State 

8 of New Mexico (including the City of Shiprock), as 

9 authorized by section 15(b) of the Colorado Ute In10 dian Water Rights Settlement Act of 1988 (Public 

11 Law 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). 

12 (19) NON-NAVAJO IRRIGATION DISTRICTS.—The 

13 term ‘‘Non-Navajo Irrigation Districts’’ means— 

14 (A) the Hammond Conservancy District; 

15 (B) the Bloomfield Irrigation District; and 

16 (C) any other community ditch organiza17 tion in the San Juan River basin in the State 

18 of New Mexico. 

19 (20) PARTIAL FINAL DECREE.—The term ‘‘Par20 tial Final Decree’’ means a final and binding judge21 ment and decree entered by a court in the stream ad22 judication, setting forth the rights of the Nation to use 

23 and administer waters of the San Juan River Basin 

24 in New Mexico, as set forth in Appendix 1 of the 

25 Agreement. 


wwoods2 on PRODPC68 with BILLS
85 

•S 1171 RS

1 (21) PROJECT PARTICIPANTS.—The term 

2 ‘‘Project Participants’’ means the City, the Nation, 

3 and the Jicarilla Apache Nation. 

4 (22) SAN JUAN RIVER BASIN RECOVERY IMPLE5 MENTATION PROGRAM.—The term ‘‘San Juan River 

6 Basin Recovery Implementation Program’’ means the 

7 intergovernmental program established pursuant to 

8 the cooperative agreement dated October 21, 1992 (in9 cluding any amendments to the program). 

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

11 the Secretary of the Interior, acting through the Com12 missioner of Reclamation or any other designee. 

13 (24) STREAM ADJUDICATION.—The term ‘‘stream 

14 adjudication’’ means the general stream adjudication 

15 that is the subject of New Mexico v. United States, et 

16 al., No. 75–185 (11th Jud. Dist., San Juan County, 

17 New Mexico) (involving claims to waters of the San 

18 Juan River and the tributaries of that river). 

19 (25) SUPPLEMENTAL PARTIAL FINAL DECREE.— 

20 The term ‘‘Supplemental Partial Final Decree’’ 

21 means a final and binding judgement and decree en22 tered by a court in the stream adjudication, setting 

23 forth certain water rights of the Nation, as set forth 

24 in Appendix 2 of the Agreement. 


wwoods2 on PRODPC68 with BILLS
86 

•S 1171 RS

1 (26) TRUST FUND.—The term ‘‘Trust Fund’’ 

2 means the Navajo Nation Water Resources Develop3 ment Trust Fund established by section 402(a). 

4 SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

5 (a) EFFECT OF EXECUTION OF AGREEMENT.—The 

6 execution of the Agreement under section 401(a)(2) shall not 

7 constitute a major Federal action under the National Envi8 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

9 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

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

11 law of the Federal Government relating to the protection 

12 of the environment, including— 

13 (1) the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.); and 

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

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

17 SEC. 4. NO REALLOCATION OF COSTS. 

18 (a) EFFECT OF ACT.—Notwithstanding any other pro19 vision of law, the Secretary shall not reallocate or reassign 

20 any costs of projects that have been authorized under the 

21 Act of April 11, 1956 (commonly known as the ‘‘Colorado 

22 River Storage Project Act’’) (43 U.S.C. 620 et seq.), as of 

23 the date of enactment of this Act because of— 

24 (1) the authorization of the Navajo-Gallup Water 

25 Supply Project under this Act; or 


wwoods2 on PRODPC68 with BILLS
87 

•S 1171 RS

1 (2) the changes in the uses of the water diverted 

2 by the Navajo Indian Irrigation Project or the waters 

3 stored in the Navajo Reservoir authorized under this 

4 Act. 

5 (b) USE OF POWER REVENUES.—Notwithstanding 

6 any other provision of law, no power revenues under the 

7 Act of April 11, 1956 (commonly known as the ‘‘Colorado 

8 River Storage Project Act’’) (43 U.S.C. 620 et seq.), shall 

9 be used to pay or reimburse any costs of the Navajo Indian 

10 Irrigation Project or Navajo-Gallup Water Supply Project. 

11 SEC. 5. INTEREST RATE. 

12 Notwithstanding any other provision of law, the inter13 est rate applicable to any repayment contract entered into 

14 under section 304 shall be equal to the discount rate for 

15 Federal water resources planning, as determined by the Sec16 retary. 

17 TITLE I—AMENDMENTS TO THE 

18 COLORADO RIVER STORAGE 

19 PROJECT ACT AND PUBLIC 

20 LAW 87–483 

21 SEC. 101. AMENDMENTS TO THE COLORADO RIVER STOR22 AGE PROJECT ACT. 

23 (a) PARTICIPATING PROJECTS.—Paragraph (2) of the 

24 first section of the Act of April 11, 1956 (commonly known 

25 as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 


wwoods2 on PRODPC68 with BILLS
88 

•S 1171 RS

1 620(2)) is amended by inserting ‘‘the Navajo-Gallup Water 

2 Supply Project,’’ after ‘‘Fruitland Mesa,’’. 

3 (b) NAVAJO RESERVOIR WATER BANK.—The Act of 

4 April 11, 1956 (commonly known as the ‘‘Colorado River 

5 Storage Project Act’’) is amended— 

6 (1) by redesignating section 16 (43 U.S.C. 620o) 

7 as section 17; and 

8 (2) by inserting after section 15 (43 U.S.C. 

9 620n) the following: 

10 ‘‘SEC. 16. (a) The Secretary of the Interior may create 

11 and operate within the available capacity of Navajo Res12 ervoir a top water bank. 

13 ‘‘(b) Water made available for the top water bank in 

14 accordance with subsections (c) and (d) shall not be subject 

15 to section 11 of Public Law 87–483 (76 Stat. 99). 

16 ‘‘(c) The top water bank authorized under subsection 

17 (a) shall be operated in a manner that— 

18 ‘‘(1) is consistent with applicable law, except 

19 that, notwithstanding any other provision of law, 

20 water for purposes other than irrigation may be 

21 stored in the Navajo Reservoir pursuant to the rules 

22 governing the top water bank established under this 

23 section; and 


wwoods2 on PRODPC68 with BILLS
89 

•S 1171 RS

1 ‘‘(2) does not impair the ability of the Secretary 

2 of the Interior to deliver water under contracts en3 tered into under— 

4 ‘‘(A) Public Law 87–483 (76 Stat. 96); and 

5 ‘‘(B) New Mexico State Engineer File Nos. 

6 2847, 2848, 2849, and 2917. 

7 ‘‘(d)(1) The Secretary of the Interior, in cooperation 

8 with the State of New Mexico (acting through the Interstate 

9 Stream Commission), shall develop any terms and proce10 dures for the storage, accounting, and release of water in 

11 the top water bank that are necessary to comply with sub12 section (c). 

13 ‘‘(2) The terms and procedures developed under para14 graph (1) shall include provisions requiring that— 

15 ‘‘(A) the storage of banked water shall be subject 

16 to approval under State law by the New Mexico State 

17 Engineer to ensure that impairment of any existing 

18 water right does not occur, including storage of water 

19 under New Mexico State Engineer File No. 2849; 

20 ‘‘(B) water in the top water bank be subject to 

21 evaporation and other losses during storage; 

22 ‘‘(C) water in the top water bank be released for 

23 delivery to the owner or assigns of the banked water 

24 on request of the owner, subject to reasonable sched25 uling requirements for making the release; 


wwoods2 on PRODPC68 with BILLS
90 

•S 1171 RS

1 ‘‘(D) water in the top water bank be the first 

2 water spilled or released for flood control purposes in 

3 anticipation of a spill, on the condition that top 

4 water bank water shall not be released or included for 

5 purposes of calculating whether a release should occur 

6 for purposes of satisfying the flow recommendations of 

7 the San Juan River Basin Recovery Implementation 

8 Program; and 

9 ‘‘(E) water eligible for banking in the top water 

10 bank shall be water that otherwise would have been 

11 diverted and beneficially used in New Mexico that 

12 year. 

13 ‘‘(e) The Secretary of the Interior may charge fees to 

14 water users that use the top water bank in amounts suffi15 cient to cover the costs incurred by the United States in 

16 administering the water bank.’’. 

17 SEC. 102. AMENDMENTS TO PUBLIC LAW 87–483. 

18 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

19 Law 87–483 (76 Stat. 96) is amended by striking section 

20 2 and inserting the following: 

21 ‘‘SEC. 2. (a) In accordance with the Act of April 11, 

22 1956 (commonly known as the ‘Colorado River Storage 

23 Project Act’) (43 U.S.C. 620 et seq.), the Secretary of the 

24 Interior is authorized to construct, operate, and maintain 

25 the Navajo Indian Irrigation Project to provide irrigation 


wwoods2 on PRODPC68 with BILLS
91 

•S 1171 RS

1 water to a service area of not more than 110,630 acres of 

2 land. 

3 ‘‘(b)(1) Subject to paragraph (2), the average annual 

4 diversion by the Navajo Indian Irrigation Project from the 

5 Navajo Reservoir over any consecutive 10-year period shall 

6 be the lesser of— 

7 ‘‘(A) 508,000 acre-feet per year; or 

8 ‘‘(B) the quantity of water necessary to supply 

9 an average depletion of 270,000 acre-feet per year. 

10 ‘‘(2) The quantity of water diverted for any 1 year 

11 shall not exceed the average annual diversion determined 

12 under paragraph (1) by more than 15 percent. 

13 ‘‘(c) In addition to being used for irrigation, the water 

14 diverted by the Navajo Indian Irrigation Project under sub15 section (b) may be used within the area served by Navajo 

16 Indian Irrigation Project facilities for the following pur17 poses: 

18 ‘‘(1) Aquaculture purposes, including the rearing 

19 of fish in support of the San Juan River Basin Re20 covery Implementation Program authorized by Public 

21 Law 106–392 (114 Stat. 1602). 

22 ‘‘(2) Domestic, industrial, or commercial pur23 poses relating to agricultural production and proc24 essing. 


wwoods2 on PRODPC68 with BILLS
92 

•S 1171 RS

1 ‘‘(3)(A) The generation of hydroelectric power as 

2 an incident to the diversion of water by the Navajo 

3 Indian Irrigation Project for authorized purposes. 

4 ‘‘(B) Notwithstanding any other provision of 

5 law— 

6 ‘‘(i) any hydroelectric power generated 

7 under this paragraph shall be used or marketed 

8 by the Navajo Nation; 

9 ‘‘(ii) the Navajo Nation shall retain any 

10 revenues from the sale of the hydroelectric power; 

11 and 

12 ‘‘(iii) the United States shall have no trust 

13 obligation to monitor, administer, or account for 

14 the revenues received by the Navajo Nation, or 

15 the expenditure of the revenues. 

16 ‘‘(4) The implementation of the alternate water 

17 source provisions described in subparagraph 9.2 of the 

18 agreement executed under section 401(a)(2) of the 

19 Northwestern New Mexico Rural Water Projects Act. 

20 ‘‘(d) The Navajo Indian Irrigation Project water di21 verted under subsection (b) may be transferred to areas lo22 cated within or outside the area served by Navajo Indian 

23 Irrigation Project facilities, and within or outside the 

24 boundaries of the Navajo Nation, for any beneficial use in 

25 accordance with— 


wwoods2 on PRODPC68 with BILLS
93 

•S 1171 RS

1 ‘‘(1) the agreement executed under section 

2 401(a)(2) of the Northwestern New Mexico Rural 

3 Water Projects Act; 

4 ‘‘(2) the contract executed under section 

5 304(a)(2)(B) of that Act; and 

6 ‘‘(3) any other applicable law. 

7 ‘‘(e) The Secretary may use the capacity of the Navajo 

8 Indian Irrigation Project works to convey water supplies 

9 for— 

10 ‘‘(1) the Navajo-Gallup Water Supply Project 

11 under section 302 of the Northwestern New Mexico 

12 Rural Water Projects Act; or 

13 ‘‘(2) other nonirrigation purposes authorized 

14 under subsection (c) or (d). 

15 ‘‘(f)(1) Repayment of the costs of construction of the 

16 project (as authorized in subsection (a)) shall be in accord17 ance with the Act of April 11, 1956 (commonly known as 

18 the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 

19 et seq.), including section 4(d) of that Act. 

20 ‘‘(2) The Secretary shall not reallocate, or require re21 payment of, construction costs of the Navajo Indian Irriga22 tion Project because of the conveyance of water supplies for 

23 nonirrigation purposes under subsection (e).’’. 


wwoods2 on PRODPC68 with BILLS
94 

•S 1171 RS

1 (b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of Pub2 lic Law 87–483 (76 Stat. 100) is amended by adding at 

3 the end the following: 

4 ‘‘(d)(1) For purposes of implementing in a year of pro5 spective shortage the water allocation procedures established 

6 by subsection (a), the Secretary of the Interior shall deter7 mine the quantity of any shortages and the appropriate ap8 portionment of water using the normal diversion require9 ments on the flow of the San Juan River originating above 

10 Navajo Dam based on the following criteria: 

11 ‘‘(A) The quantity of diversion or water delivery 

12 for the current year anticipated to be necessary to ir13 rigate land in accordance with cropping plans pre14 pared by contractors. 

15 ‘‘(B) The annual diversion or water delivery de16 mands for the current year anticipated for non-irri17 gation uses under water delivery contracts, including 

18 contracts authorized by the Northwestern New Mexico 

19 Rural Water Projects Act, but excluding any current 

20 demand for surface water for placement into aquifer 

21 storage for future recovery and use. 

22 ‘‘(C) An annual normal diversion demand of 

23 135,000 acre-feet for the initial stage of the San 

24 Juan-Chama Project authorized by section 8. 


wwoods2 on PRODPC68 with BILLS
95 

•S 1171 RS

1 ‘‘(2) The Secretary shall not include in the normal di2 version requirements— 

3 ‘‘(A) the quantity of water that reliably can be 

4 anticipated to be diverted or delivered under a con5 tract from inflows to the San Juan River arising 

6 below Navajo Dam under New Mexico State Engineer 

7 File No. 3215; or 

8 ‘‘(B) the quantity of water anticipated to be sup9 plied through reuse. 

10 ‘‘(e)(1) If the Secretary determines that there is a 

11 shortage of water under subsection (a), the Secretary shall 

12 respond to the shortage in the Navajo Reservoir water sup13 ply by curtailing releases and deliveries in the following 

14 order: 

15 ‘‘(A) The demand for delivery for uses in the 

16 State of Arizona under the Navajo-Gallup Water Sup17 ply Project authorized by section 303 of the North18 western New Mexico Rural Water Projects Act, ex19 cluding the quantity of water anticipated to be di20 verted for the uses from inflows to the San Juan 

21 River that arise below Navajo Dam in accordance 

22 with New Mexico State Engineer File No. 3215. 

23 ‘‘(B) The demand for delivery for uses allocated 

24 under paragraph 8.2 of the agreement executed under 

25 section 401(a)(2) of the Northwestern New Mexico 


wwoods2 on PRODPC68 with BILLS
96 

•S 1171 RS

1 Rural Water Projects Act, excluding the quantity of 

2 water anticipated to be diverted for such uses under 

3 State Engineer File No. 3215. 

4 ‘‘(C) The uses in the State of New Mexico that 

5 are determined under subsection (d), in accordance 

6 with the procedure for apportioning the water supply 

7 under subsection (a). 

8 ‘‘(2) For any year for which the Secretary determines 

9 and responds to a shortage in the Navajo Reservoir water 

10 supply, the Secretary shall not deliver, and contractors of 

11 the water supply shall not divert, any of the water supply 

12 for placement into aquifer storage for future recovery and 

13 use. 

14 ‘‘(3) To determine the occurrence and amount of any 

15 shortage to contracts entered into under this section, the 

16 Secretary shall not include as available storage any water 

17 stored in a top water bank in Navajo Reservoir established 

18 under section 16(a) of the Act of April 11, 1956 (commonly 

19 known as the ‘Colorado River Storage Project Act’). 

20 ‘‘(f) The Secretary of the Interior shall apportion 

21 water under subsections (a), (d), and (e) on an annual vol22 ume basis. 

23 ‘‘(g) The Secretary of the Interior may revise a deter24 mination of shortages, apportionments, or allocations of 

25 water under subsections (a), (d), and (e) on the basis of 


wwoods2 on PRODPC68 with BILLS
97 

•S 1171 RS

1 information relating to water supply conditions that was 

2 not available at the time at which the determination was 

3 made. 

4 ‘‘(h) Nothing in this section prohibits the distribution 

5 of water in accordance with cooperative water agreements 

6 between water users providing for a sharing of water sup7 plies. 

8 ‘‘(i) Diversions under New Mexico State Engineer File 

9 No. 3215 shall be distributed, to the maximum extent water 

10 is available, in proportionate amounts to the diversion de11 mands of contractors and subcontractors of the Navajo Res12 ervoir water supply that are diverting water below Navajo 

13 Dam.’’. 

14 SEC. 103. EFFECT ON FEDERAL WATER LAW. 

15 Unless expressly provided in this Act, nothing in this 

16 Act modifies, conflicts with, preempts, or otherwise affects— 

17 (1) the Boulder Canyon Project Act (43 U.S.C. 

18 617 et seq.); 

19 (2) the Boulder Canyon Project Adjustment Act 

20 (54 Stat. 774, chapter 643); 

21 (3) the Act of April 11, 1956 (commonly known 

22 as the ‘‘Colorado River Storage Project Act’’) (43 

23 U.S.C. 620 et seq.); 


wwoods2 on PRODPC68 with BILLS
98 

•S 1171 RS

1 (4) the Act of September 30, 1968 (commonly 

2 known as the ‘‘Colorado River Basin Project Act’’) 

3 (82 Stat. 885); 

4 (5) Public Law 87–483 (76 Stat. 96); 

5 (6) the Treaty between the United States of 

6 America and Mexico representing utilization of wa7 ters of the Colorado and Tijuana Rivers and of the 

8 Rio Grande, signed at Washington February 3, 1944 

9 (59 Stat. 1219); 

10 (7) the Colorado River Compact of 1922, as ap11 proved by the Presidential Proclamation of June 25, 

12 1929 (46 Stat. 3000); 

13 (8) the Compact; 

14 (9) the Act of April 6, 1949 (63 Stat. 31, chapter 

15 48); 

16 (10) the Jicarilla Apache Tribe Water Rights 

17 Settlement Act (106 Stat. 2237); or 

18 (11) section 205 of the Energy and Water Devel19 opment Appropriations Act, 2005 (118 Stat. 2949). 

20 TITLE II—RECLAMATION WATER 

21 SETTLEMENTS FUND 

22 SEC. 201. RECLAMATION WATER SETTLEMENTS FUND. 

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

24 Treasury of the United States a fund, to be known as the 

25 ‘‘Reclamation Water Settlements Fund’’, consisting of— 


wwoods2 on PRODPC68 with BILLS
99 

•S 1171 RS

1 (1) such amounts as are deposited to the Fund 

2 under subsection (b); and 

3 (2) any interest earned on investment of 

4 amounts in the Fund under subsection (d). 

5 (b) DEPOSITS TO FUND.— 

6 (1) IN GENERAL.—For each of fiscal years 2009 

7 through 2023, the Secretary of the Treasury shall de8 posit in the Fund, if available, $120,000,000 of the 

9 revenues that would otherwise be deposited for the fis10 cal year in the fund established by the first section of 

11 the Act of June 17, 1902 (32 Stat. 388, chapter 

12 1093). 

13 (2) AVAILABILITY OF AMOUNTS.—Amounts de14 posited in the Fund under paragraph (1) shall be 

15 made available pursuant to this section— 

16 (A) without further appropriation; and 

17 (B) in addition to amounts appropriated 

18 pursuant to any authorization contained in any 

19 other provision of law. 

20 (c) EXPENDITURES FROM FUND.— 

21 (1) IN GENERAL.— 

22 (A) EXPENDITURES.—Subject to subpara23 graph (B), for each of fiscal years 2009 through 

24 2028, the Secretary may expend from the Fund 

25 an amount not to exceed $120,000,000, plus the 


wwoods2 on PRODPC68 with BILLS
100 

•S 1171 RS

1 interest accrued in the Fund, for the fiscal year 

2 in which expenditures are made pursuant to 

3 paragraphs (2) and (3). 

4 (B) ADDITIONAL EXPENDITURES.—The Sec5 retary may expend more than $120,000,000 for 

6 any fiscal year if such amounts are available in 

7 the Fund due to expenditures not reaching 

8 $120,000,000 for prior fiscal years. 

9 (2) AUTHORITY.—The Secretary may expend 

10 money from the Fund to implement a settlement 

11 agreement approved by Congress that resolves, in 

12 whole or in part, litigation involving the United 

13 States, if the settlement agreement or implementing 

14 legislation requires the Bureau of Reclamation to pro15 vide financial assistance for, or plan, design, and 

16 construct— 

17 (A) water supply infrastructure; or 

18 (B) a project— 

19 (i) to rehabilitate a water delivery sys20 tem to conserve water; or 

21 (ii) to restore fish and wildlife habitat 

22 or otherwise improve environmental condi23 tions associated with or affected by, or lo24 cated within the same river basin as, a FedVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
101 

•S 1171 RS

1 eral reclamation project that is in existence 

2 on the date of enactment of this Act. 

3 (3) USE FOR COMPLETION OF PROJECT AND

4 OTHER SETTLEMENTS.— 

5 (A) PRIORITIES.— 

6 (i) FIRST PRIORITY.— 

7 (I) IN GENERAL.—The first pri8 ority for expenditure of amounts in the 

9 Fund during the entire period in 

10 which the Fund is in existence shall be 

11 for the purposes described in, and in 

12 the order of, clauses (i) through (iv) of 

13 subparagraph (B). 

14 (II) RESERVED AMOUNTS.—The 

15 Secretary shall reserve amounts depos16 ited into the Fund in accordance with 

17 subclause (I). 

18 (ii) OTHER PURPOSES.—Any amounts 

19 in the Fund that are not needed for the pur20 poses described in subparagraph (B) may be 

21 used for other purposes authorized in para22 graph (2). 

23 (B) COMPLETION OF PROJECT.— 

24 (i) NAVAJO-GALLUP WATER SUPPLY

25 PROJECT.— 


wwoods2 on PRODPC68 with BILLS
102 

•S 1171 RS

1 (I) IN GENERAL.—Subject to sub2 clause (II), effective beginning January 

3 1, 2009, if, in the judgment of the Sec4 retary on an annual basis the deadline 

5 described in section 401(f)(1)(A)(ix) is 

6 unlikely to be met because a sufficient 

7 amount of funding is not otherwise 

8 available through appropriations made 

9 available pursuant to section 309(a), 

10 the Secretary shall expend from the 

11 Fund such amounts on an annual 

12 basis consistent with paragraphs (1) 

13 and (2), as are necessary to pay the 

14 Federal share of the costs, and substan15 tially complete as expeditiously as 

16 practicable, the construction of the 

17 water supply infrastructure authorized 

18 as part of the Project. 

19 (II) MAXIMUM AMOUNT.— 

20 (aa) IN GENERAL.—Except 

21 as provided under item (bb), the 

22 amount expended under subclause 

23 (I) shall not exceed $500,000,000 

24 for the period of fiscal years 2009 

25 through 2018. 


wwoods2 on PRODPC68 with BILLS
103 

•S 1171 RS

1 (bb) EXCEPTION.—The limi2 tation on the expenditure amount 

3 under item (aa) may be exceeded 

4 during the entire period in which 

5 the Fund is in existence. 

6 (ii) OTHER NEW MEXICO SETTLE7 MENTS.— 

8 (I) IN GENERAL.—Subject to sub9 clause (II), effective beginning January 

10 1, 2009, in addition to the funding 

11 made available under clause (i), if in 

12 the judgment of the Secretary on an 

13 annual basis a sufficient amount of 

14 funding is not otherwise available 

15 through annual appropriations, the 

16 Secretary shall expend from the Fund 

17 such amounts on an annual basis con18 sistent with paragraphs (1) and (2), as 

19 are necessary to pay the Federal share 

20 of the costs of implementing the Indian 

21 water rights settlement agreements en22 tered into by the State of New Mexico 

23 in the Aamodt adjudication and the 

24 Abeyta adjudication, if such settleVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
104 

•S 1171 RS

1 ments are subsequently approved and 

2 authorized by an Act of Congress. 

3 (II) MAXIMUM AMOUNT.—The 

4 amount expended under subclause (I) 

5 shall not exceed $250,000,000. 

6 (iii) MONTANA SETTLEMENTS.— 

7 (I) IN GENERAL.—Subject to sub8 clause (II), effective beginning January 

9 1, 2009, in addition to funding made 

10 available pursuant to clauses (i) and 

11 (ii), if in the judgment of the Secretary 

12 on an annual basis a sufficient 

13 amount of funding is not otherwise 

14 available through annual appropria15 tions, the Secretary shall expend from 

16 the Fund such amounts on an annual 

17 basis consistent with paragraphs (1) 

18 and (2), as are necessary to pay the 

19 Federal share of the costs of imple20 menting Indian water rights settlement 

21 agreements entered into by the State of 

22 Montana with the Blackfeet Tribe, the 

23 Crow Tribe, or the Gros Ventre and 

24 Assiniboine Tribes of the Fort Belknap 

25 Indian Reservation in the judicial proVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
105 

•S 1171 RS

1 ceeding entitled ‘‘In re the General Ad2 judication of All the Rights to Use 

3 Surface and Groundwater in the State 

4 of Montana’’, if a settlement or settle5 ments are subsequently approved and 

6 authorized by an Act of Congress. 

7 (II) MAXIMUM AMOUNT.— 

8 (aa) IN GENERAL.—Except 

9 as provided under item (bb), the 

10 amount expended under subclause 

11 (I) shall not exceed $350,000,000 

12 for the period of fiscal years 2009 

13 through 2018. 

14 (bb) EXCEPTION.—The limi15 tation on the expenditure amount 

16 under item (aa) may be exceeded 

17 during the entire period in which 

18 the Fund is in existence. 

19 (cc) OTHER FUNDING.—The 

20 Secretary shall ensure that any 

21 such funding shall be provided in 

22 a manner that does not limit the 

23 funding available pursuant to 

24 clauses (i) and (ii). 

25 (iv) ARIZONA SETTLEMENT.— 


wwoods2 on PRODPC68 with BILLS
106 

•S 1171 RS

1 (I) IN GENERAL.—Subject to sub2 clause (II), effective beginning January 

3 1, 2009, in addition to funding made 

4 available pursuant to clauses (i), (ii), 

5 and (iii), if in the judgment of the Sec6 retary on an annual basis a sufficient 

7 amount of funding is not otherwise 

8 available through annual appropria9 tions, the Secretary shall expend from 

10 the Fund such amounts on an annual 

11 basis consistent with paragraphs (1) 

12 and (2), as are necessary to pay the 

13 Federal share of the costs of imple14 menting an Indian water rights settle15 ment agreement entered into by the 

16 State of Arizona with the Navajo Na17 tion to resolve the water rights claims 

18 of the Nation in the Lower Colorado 

19 River basin in Arizona, if a settlement 

20 is subsequently approved and author21 ized by an Act of Congress. 

22 (II) MAXIMUM AMOUNT.— 

23 (aa) IN GENERAL.—Except 

24 as provided under item (bb), the 

25 amount expended under subclause 


wwoods2 on PRODPC68 with BILLS
107 

•S 1171 RS

1 (I) shall not exceed $100,000,000 

2 for the period of fiscal years 2009 

3 through 2018. 

4 (bb) EXCEPTION.—The limi5 tation on the expenditure amount 

6 under item (aa) may be exceeded 

7 during the entire period in which 

8 the Fund is in existence. 

9 (cc) OTHER FUNDING.—The 

10 Secretary shall ensure that any 

11 such funding shall be provided in 

12 a manner that does not limit the 

13 funding available pursuant to 

14 clauses (i) and (ii). 

15 (C) REVERSION.—If the settlements de16 scribed in clauses (ii) through (iv) of subpara17 graph (B) have not been approved and author18 ized by an Act of Congress by December 31, 

19 2014, the amounts reserved for the settlements 

20 shall no longer be reserved by the Secretary pur21 suant to subparagraph (A)(i) and shall revert to 

22 the Fund for any authorized use, as determined 

23 by the Secretary. 

24 (d) INVESTMENT OF AMOUNTS.— 


wwoods2 on PRODPC68 with BILLS
108 

•S 1171 RS

1 (1) IN GENERAL.—The Secretary shall invest 

2 such portion of the Fund as is not, in the judgment 

3 of the Secretary, required to meet current with4 drawals. 

5 (2) CREDITS TO FUND.—The interest on, and the 

6 proceeds from the sale or redemption of, any obliga7 tions held in the Fund shall be credited to, and form 

8 a part of, the Fund. 

9 (e) TRANSFERS OF AMOUNTS.— 

10 (1) IN GENERAL.—The amounts required to be 

11 transferred to the Fund under this section shall be 

12 transferred at least monthly from the general fund of 

13 the Treasury to the Fund on the basis of estimates 

14 made by the Secretary of the Treasury. 

15 (2) ADJUSTMENTS.—Proper adjustment shall be 

16 made in amounts subsequently transferred to the ex17 tent prior estimates were in excess of or less than the 

18 amounts required to be transferred. 

19 (f) TERMINATION.—On September 30, 2028— 

20 (1) the Fund shall terminate; and 

21 (2) the unexpended and unobligated balance of 

22 the Fund shall be transferred to the appropriate fund 

23 of the Treasury. 


wwoods2 on PRODPC68 with BILLS
109 

•S 1171 RS

1 TITLE III—NAVAJO-GALLUP 

2 WATER SUPPLY PROJECT 

3 SEC. 301. PURPOSES. 

4 The purposes of this subtitle are— 

5 (1) to authorize the Secretary to construct, oper6 ate, and maintain the Navajo-Gallup Water Supply 

7 Project; 

8 (2) to allocate the capacity of the Project among 

9 the Nation, the City, and the Jicarilla Apache Na10 tion; and 

11 (3) to authorize the Secretary to enter into 

12 Project repayment contracts with the City and the 

13 Jicarilla Apache Nation. 

14 SEC. 302. AUTHORIZATION OF NAVAJO-GALLUP WATER SUP15 PLY PROJECT. 

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

17 Commissioner of Reclamation, is authorized to design, con18 struct, operate, and maintain the Project in substantial ac19 cordance with the preferred alternative in the Draft Impact 

20 Statement. 

21 (b) PROJECT FACILITIES.—To provide for the delivery 

22 of San Juan River water to Project Participants, the Sec23 retary may construct, operate, and maintain the Project fa24 cilities described in the preferred alternative in the Draft 

25 Impact Statement, including: 


wwoods2 on PRODPC68 with BILLS
110 

•S 1171 RS

1 (1) A pumping plant on the San Juan River in 

2 the vicinity of Kirtland, New Mexico. 

3 (2)(A) A main pipeline from the San Juan 

4 River near Kirtland, New Mexico, to Shiprock, New 

5 Mexico, and Gallup, New Mexico, which follows 

6 United States Highway 491. 

7 (B) Any pumping plants associated with 

8 the pipeline authorized under subparagraph (A). 

9 (3)(A) A main pipeline from Cutter Reservoir to 

10 Ojo Encino, New Mexico, which follows United States 

11 Highway 550. 

12 (B) Any pumping plants associated with 

13 the pipeline authorized under subparagraph (A). 

14 (4)(A) Lateral pipelines from the main pipelines 

15 to Nation communities in the States of New Mexico 

16 and Arizona. 

17 (B) Any pumping plants associated with 

18 the pipelines authorized under subparagraph 

19 (A). 

20 (5) Any water regulation, storage or treatment 

21 facility, service connection to an existing public water 

22 supply system, power substation, power distribution 

23 works, or other appurtenant works (including a 

24 building or access road) that is related to the Project 

25 facilities authorized by paragraphs (1) through (4), 


wwoods2 on PRODPC68 with BILLS
111 

•S 1171 RS

1 including power transmission facilities and associated 

2 wheeling services to connect Project facilities to exist3 ing high-voltage transmission facilities and deliver 

4 power to the Project. 

5 (c) ACQUISITION OF LAND.— 

6 (1) IN GENERAL.—The Secretary is authorized to 

7 acquire any land or interest in land that is necessary 

8 to construct, operate, and maintain the Project facili9 ties authorized under subsection (b). 

10 (2) LAND OF THE PROJECT PARTICIPANTS.—As a 

11 condition of construction of the facilities authorized 

12 under this title, the Project Participants shall provide 

13 all land or interest in land, as appropriate, that the 

14 Secretary identifies as necessary for acquisition under 

15 this subsection at no cost to the Secretary. 

16 (3) LIMITATION.—The Secretary may not con17 demn water rights for purposes of the Project. 

18 (d) CONDITIONS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the Secretary shall not commence construc21 tion of the facilities authorized under subsection (b) 

22 until such time as— 

23 (A) the Secretary executes the Agreement 

24 and the Contract; 


wwoods2 on PRODPC68 with BILLS
112 

•S 1171 RS

1 (B) the contracts authorized under section 

2 304 are executed; 

3 (C) the Secretary— 

4 (i) completes an environmental impact 

5 statement for the Project; and 

6 (ii) has issued a record of decision that 

7 provides for a preferred alternative; and 

8 (D) the Secretary has entered into an agree9 ment with the State of New Mexico under which 

10 the State of New Mexico will provide a share of 

11 the construction costs of the Project of not less 

12 than $50,000,000, except that the State of New 

13 Mexico shall receive credit for funds the State 

14 has contributed to construct water conveyance fa15 cilities to the Project Participants to the extent 

16 that the facilities reduce the cost of the Project as 

17 estimated in the Draft Impact Statement. 

18 (2) EXCEPTION.—If the Jicarilla Apache Nation 

19 elects not to enter into a contract pursuant to section 

20 304, the Secretary, after consulting with the Nation, 

21 the City, and the State of New Mexico acting through 

22 the Interstate Stream Commission, may make appro23 priate modifications to the scope of the Project and 

24 proceed with Project construction if all other condi25 tions for construction have been satisfied. 


wwoods2 on PRODPC68 with BILLS
113 

•S 1171 RS

1 (3) EFFECT OF INDIAN SELF-DETERMINATION

2 AND EDUCATION ASSISTANCE ACT.—The Indian Self3 Determination and Education Assistance Act (25 

4 U.S.C. 450 et seq.) shall not apply to the design, con5 struction, operation, maintenance, or replacement of 

6 the Project. 

7 (e) POWER.—The Secretary shall reserve, from existing 

8 reservations of Colorado River Storage Project power for 

9 Bureau of Reclamation projects, up to 26 megawatts of 

10 power for use by the Project. 

11 (f) CONVEYANCE OF TITLE TO PROJECT FACILITIES.— 

12 (1) IN GENERAL.—The Secretary is authorized to 

13 enter into separate agreements with the City and the 

14 Nation and, on entering into the agreements, shall 

15 convey title to each Project facility or section of a 

16 Project facility authorized under subsection (b) (in17 cluding any appropriate interests in land) to the City 

18 and the Nation after— 

19 (A) completion of construction of a Project 

20 facility or a section of a Project facility that is 

21 operating and delivering water; and 

22 (B) execution of a Project operations agree23 ment approved by the Secretary and the Project 

24 Participants that sets forth— 


wwoods2 on PRODPC68 with BILLS
114 

•S 1171 RS

1 (i) any terms and conditions that the 

2 Secretary determines are necessary— 

3 (I) to ensure the continuation of 

4 the intended benefits of the Project; and 

5 (II) to fulfill the purposes of this 

6 subtitle; 

7 (ii) requirements acceptable to the Sec8 retary and the Project Participants for— 

9 (I) the distribution of water under 

10 the Project or section of a Project facil11 ity; and 

12 (II) the allocation and payment of 

13 annual operation, maintenance, and 

14 replacement costs of the Project or sec15 tion of a Project facility based on the 

16 proportionate uses of Project facilities; 

17 and 

18 (iii) conditions and requirements ac19 ceptable to the Secretary and the Project 

20 Participants for operating and maintaining 

21 each Project facility on completion of the 

22 conveyance of title, including the require23 ment that the City and the Nation shall— 

24 (I) comply with— 

25 (aa) the Compact; and 


wwoods2 on PRODPC68 with BILLS
115 

•S 1171 RS

1 (bb) other applicable law; 

2 and 

3 (II) be responsible for— 

4 (aa) the operation, mainte5 nance, and replacement of each 

6 Project facility; and 

7 (bb) the accounting and 

8 management of water conveyance 

9 and Project finances, as necessary 

10 to administer and fulfill the con11 ditions of the Contract executed 

12 under section 304(a)(2)(B). 

13 (2) EFFECT OF CONVEYANCE.—The conveyance 

14 of title to each Project facility shall not affect the ap15 plication of the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.) relating to the use of the water 

17 associated with the Project. 

18 (3) LIABILITY.— 

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

20 the conveyance authorized by this subsection, the 

21 United States shall not be held liable by any 

22 court for damages of any kind arising out of any 

23 act, omission, or occurrence relating to the land, 

24 buildings, or facilities conveyed under this sub25 section, other than damages caused by acts of 


wwoods2 on PRODPC68 with BILLS
116 

•S 1171 RS

1 negligence committed by the United States, or by 

2 employees or agents of the United States, prior 

3 to the date of conveyance. 

4 (B) TORT CLAIMS.—Nothing in this section 

5 increases the liability of the United States be6 yond the liability provided in chapter 171 of 

7 title 28, United States Code (commonly known 

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

9 (4) NOTICE OF PROPOSED CONVEYANCE.—Not 

10 later than 45 days before the date of a proposed con11 veyance of title to any Project facility, the Secretary 

12 shall submit to the Committee on Resources of the 

13 House of Representatives and to the Committee on 

14 Energy and Natural Resources of the Senate notice of 

15 the conveyance of each Project facility. 

16 (g) COLORADO RIVER STORAGE PROJECT POWER.— 

17 The conveyance of Project facilities under subsection (f) 

18 shall not affect the availability of Colorado River Storage 

19 Project power to the Project under subsection (e). 

20 (h) REGIONAL USE OF PROJECT FACILITIES.— 

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

22 Project facilities constructed under subsection (b) may 

23 be used to treat and convey non-Project water or 

24 water that is not allocated by subsection 303(b) if— 


wwoods2 on PRODPC68 with BILLS
117 

•S 1171 RS

1 (A) capacity is available without impairing 

2 any water delivery to a Project Participant; and 

3 (B) the unallocated or non-Project water 

4 beneficiary— 

5 (i) has the right to use the water; 

6 (ii) agrees to pay the operation, main7 tenance, and replacement costs assignable to 

8 the beneficiary for the use of the Project fa9 cilities; and 

10 (iii) agrees to pay an appropriate fee 

11 that may be established by the Secretary to 

12 assist in the recovery of any capital cost al13 locable to that use. 

14 (2) EFFECT OF PAYMENTS.—Any payments to 

15 the United States or the Nation for the use of unused 

16 capacity under this subsection or for water under any 

17 subcontract with the Nation or the Jicarilla Apache 

18 Nation shall not alter the construction repayment re19 quirements or the operation, maintenance, and re20 placement payment requirements of the Project Par21 ticipants. 

22 SEC. 303. DELIVERY AND USE OF NAVAJO-GALLUP WATER 

23 SUPPLY PROJECT WATER. 

24 (a) USE OF PROJECT WATER.— 


wwoods2 on PRODPC68 with BILLS
118 

•S 1171 RS

1 (1) IN GENERAL.—In accordance with this Act 

2 and other applicable law, water supply from the 

3 Project shall be used for municipal, industrial, com4 mercial, domestic, and stock watering purposes. 

5 (2) USE ON CERTAIN LAND.— 

6 (A) IN GENERAL.—Subject to subparagraph 

7 (B), the Nation may use Project water alloca8 tions on— 

9 (i) land held by the United States in 

10 trust for the Nation and members of the Na11 tion; and 

12 (ii) land held in fee by the Nation. 

13 (B) TRANSFER.—The Nation may transfer 

14 the purposes and places of use of the allocated 

15 water in accordance with the Agreement and ap16 plicable law. 

17 (3) HYDROELECTRIC POWER.— 

18 (A) IN GENERAL.—Hydroelectric power 

19 may be generated as an incident to the delivery 

20 of Project water for authorized purposes under 

21 paragraph (1). 

22 (B) ADMINISTRATION.—Notwithstanding 

23 any other provision of law— 


wwoods2 on PRODPC68 with BILLS
119 

•S 1171 RS

1 (i) any hydroelectric power generated 

2 under this paragraph shall be used or mar3 keted by the Nation; 

4 (ii) the Nation shall retain any reve5 nues from the sale of the hydroelectric 

6 power; and 

7 (iii) the United States shall have no 

8 trust obligation or other obligation to mon9 itor, administer, or account for the revenues 

10 received by the Nation, or the expenditure of 

11 the revenues. 

12 (4) STORAGE.— 

13 (A) IN GENERAL.—Subject to subparagraph 

14 (B), any water contracted for delivery under 

15 paragraph (1) that is not needed for current 

16 water demands or uses may be delivered by the 

17 Project for placement in underground storage in 

18 the State of New Mexico for future recovery and 

19 use. 

20 (B) STATE APPROVAL.—Delivery of water 

21 under subparagraph (A) is subject to— 

22 (i) approval by the State of New Mex23 ico under applicable provisions of State law 

24 relating to aquifer storage and recovery; 

25 and 


wwoods2 on PRODPC68 with BILLS
120 

•S 1171 RS

1 (ii) the provisions of the Agreement 

2 and this Act. 

3 (b) PROJECT WATER AND CAPACITY ALLOCATIONS.— 

4 (1) DIVERSION.—Subject to availability and 

5 consistent with Federal and State law, the Project 

6 may divert from the Navajo Reservoir and the San 

7 Juan River a quantity of water to be allocated and 

8 used consistent with the Agreement and this Act, that 

9 does not exceed in any 1 year, the lesser of— 

10 (A) 37,760 acre-feet of water; or 

11 (B) the quantity of water necessary to sup12 ply a depletion from the San Juan River of 

13 35,890 acre-feet. 

14 (2) PROJECT DELIVERY CAPACITY ALLOCA15 TIONS.— 

16 (A) IN GENERAL.—The capacity of the 

17 Project shall be allocated to the Project Partici18 pants in accordance with subparagraphs (B) 

19 through (E), other provisions of this Act, and 

20 other applicable law. 

21 (B) DELIVERY CAPACITY ALLOCATION TO

22 THE CITY.—The Project may deliver at the point 

23 of diversion from the San Juan River not more 

24 than 7,500 acre-feet of water in any 1 year for 


wwoods2 on PRODPC68 with BILLS
121 

•S 1171 RS

1 which the City has secured rights for the use of 

2 the City. 

3 (C) DELIVERY CAPACITY ALLOCATION TO

4 NAVAJO NATION COMMUNITIES IN NEW MEXICO.— 

5 For use by the Nation in the State of New Mex6 ico, the Project may deliver water out of the 

7 water rights held by the Secretary for the Nation 

8 and confirmed under this Act, at the points of 

9 diversion from the San Juan River or at Navajo 

10 Reservoir in any 1 year, the lesser of— 

11 (i) 22,650 acre-feet of water; or 

12 (ii) the quantity of water necessary to 

13 supply a depletion from the San Juan 

14 River of 20,780 acre-feet of water. 

15 (D) DELIVERY CAPACITY ALLOCATION TO

16 NAVAJO NATION COMMUNITIES IN ARIZONA.— 

17 Subject to subsection (c), the Project may deliver 

18 at the point of diversion from the San Juan 

19 River not more than 6,411 acre-feet of water in 

20 any 1 year for use by the Nation in the State 

21 of Arizona. 

22 (E) DELIVERY CAPACITY ALLOCATION TO

23 JICARILLA APACHE NATION.—The Project may 

24 deliver at Navajo Reservoir not more than 1,200 

25 acre-feet of water in any 1 year of the water 


wwoods2 on PRODPC68 with BILLS
122 

•S 1171 RS

1 rights of the Jicarilla Apache Nation, held by the 

2 Secretary and confirmed by the Jicarilla Apache 

3 Tribe Water Rights Settlement Act (Public Law 

4 102–441; 106 Stat. 2237), for use by the 

5 Jicarilla Apache Nation in the southern portion 

6 of the Jicarilla Apache Nation Reservation in 

7 the State of New Mexico. 

8 (3) USE IN EXCESS OF DELIVERY CAPACITY AL9 LOCATION QUANTITY.—Notwithstanding each delivery 

10 capacity allocation quantity limit described in sub11 paragraphs (B), (C), and (E) of paragraph (2), the 

12 Secretary may authorize a Project Participant to ex13 ceed the delivery capacity allocation quantity limit of 

14 that Project Participant if— 

15 (A) delivery capacity is available without 

16 impairing any water delivery to any other 

17 Project Participant; and 

18 (B) the Project Participant benefitting from 

19 the increased allocation of delivery capacity— 

20 (i) has the right under applicable law 

21 to use the additional water; 

22 (ii) agrees to pay the operation, main23 tenance, and replacement costs relating to 

24 the additional use of any Project facility; 

25 and 


wwoods2 on PRODPC68 with BILLS
123 

•S 1171 RS

1 (iii) agrees, if the Project title is held 

2 by the Secretary, to pay a fee established by 

3 the Secretary to assist in recovering capital 

4 costs relating to that additional use. 

5 (c) CONDITIONS FOR USE IN ARIZONA.— 

6 (1) REQUIREMENTS.—Project water shall not be 

7 delivered for use by any community of the Nation lo8 cated in the State of Arizona under subsection 

9 (b)(2)(D) until— 

10 (A) the Nation and the State of Arizona 

11 have entered into a water rights settlement agree12 ment approved by an Act of Congress that speci13 fies the allocation of Colorado River System 

14 water to which the use in Arizona will be 

15 charged; and 

16 (B) the Secretary has determined by hydro17 logic investigation that sufficient water is rea18 sonably likely to be available to supply the use 

19 in the State of Arizona from water of the Colo20 rado River system allocated to the State. 

21 (2) ACCOUNTING OF USES IN ARIZONA.—Pursu22 ant to paragraph (1), any depletion of water from the 

23 San Juan River stream system in the State of New 

24 Mexico that results from the diversion of water by the 

25 Project for uses within the State of Arizona (includVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
124 

•S 1171 RS

1 ing depletion incidental to the diversion, impounding, 

2 or conveyance of water in the State of New Mexico for 

3 uses in the State of Arizona)— 

4 (A) shall be accounted for as a part of the 

5 Colorado River System apportionments to the 

6 State of Arizona; and 

7 (B) shall not increase the total quantity of 

8 water to which the State of Arizona is entitled 

9 to use under any compact, statute, or court de10 cree. 

11 (d) FORBEARANCE.— 

12 (1) IN GENERAL.—Subject to paragraphs (2) and 

13 (3), during any year in which a shortage to the nor14 mal diversion requirement for any use relating to the 

15 Project within the State of Arizona occurs (as deter16 mined under section 11 of Public Law 87–483 (76 

17 Stat. 99)), the Nation may temporarily forbear the 

18 delivery of the water supply of the Navajo Reservoir 

19 for uses in the State of New Mexico under the appor20 tionments of water to the Navajo Indian Irrigation 

21 Project and the normal diversion requirements of the 

22 Project to allow an equivalent quantity of water to be 

23 delivered from the Navajo Reservoir water supply for 

24 municipal and domestic uses of the Nation in the 

25 State of Arizona under the Project. 


wwoods2 on PRODPC68 with BILLS
125 

•S 1171 RS

1 (2) LIMITATION OF FORBEARANCE.—The Nation 

2 may forebear the delivery of water under paragraph 

3 (1) of a quantity not exceeding the quantity of the 

4 shortage to the normal diversion requirement for any 

5 use relating to the Project within the State of Ari6 zona. 

7 (3) EFFECT.—The forbearance of the delivery of 

8 water under paragraph (1) shall be subject to the re9 quirements in subsection (c). 

10 (e) EFFECT.—Nothing in this Act— 

11 (1) authorizes the marketing, leasing, or transfer 

12 of the water supplies made available to the Nation 

13 under the Contract to non-Navajo water users in 

14 States other than the State of New Mexico; or 

15 (2) authorizes the forbearance of water uses in 

16 the State of New Mexico to allow uses of water in 

17 other States other than as authorized under subsection 

18 (d). 

19 (f) COLORADO RIVER COMPACTS.—Notwithstanding 

20 any other provision of law— 

21 (1) water may be diverted by the Project from 

22 the San Juan River in the State of New Mexico for 

23 use within New Mexico in the lower basin, as that 

24 term is used in the Colorado River Compact; 


wwoods2 on PRODPC68 with BILLS
126 

•S 1171 RS

1 (2) any water diverted under paragraph (1) 

2 shall be a part of, and charged against, the consump3 tive use apportionment made to the State of New 

4 Mexico by Article III(a) of the Compact and to the 

5 upper basin by Article III(a) of the Colorado River 

6 Compact; and 

7 (3) any water so diverted by the Project into the 

8 lower basin within the State of New Mexico shall not 

9 be credited as water reaching Lee Ferry pursuant to 

10 Articles III(c) and III(d) of the Colorado River Com11 pact. 

12 (g) PAYMENT OF OPERATION, MAINTENANCE, AND RE13 PLACEMENT COSTS.— 

14 (1) IN GENERAL.—The Secretary is authorized to 

15 pay the operation, maintenance, and replacement 

16 costs of the Project allocable to the Project Partici17 pants under section 304 until the date on which the 

18 Secretary declares any section of the Project to be sub19 stantially complete and delivery of water generated 

20 by, and through, that section of the Project can be 

21 made to a Project participant. 

22 (2) PROJECT PARTICIPANT PAYMENTS.—Begin23 ning on the date described in paragraph (1), each 

24 Project Participant shall pay all allocated operation, 

25 maintenance, and replacement costs for that substanVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
127 

•S 1171 RS

1 tially completed section of the Project, in accordance 

2 with contracts entered into pursuant to section 304, 

3 except as provided in section 304(f). 

4 SEC. 304. PROJECT CONTRACTS. 

5 (a) NAVAJO NATION CONTRACT.— 

6 (1) HYDROLOGIC DETERMINATION.—Congress 

7 recognizes that the Hydrologic Determination nec8 essary to support approval of the Contract has been 

9 completed. 

10 (2) CONTRACT APPROVAL.— 

11 (A) APPROVAL.— 

12 (i) IN GENERAL.—Except to the extent 

13 that any provision of the Contract conflicts 

14 with this Act, Congress approves, ratifies, 

15 and confirms the Contract. 

16 (ii) AMENDMENTS.—To the extent any 

17 amendment is executed to make the Con18 tract consistent with this Act, that amend19 ment is authorized, ratified, and confirmed. 

20 (B) EXECUTION OF CONTRACT.—The Sec21 retary, acting on behalf of the United States, 

22 shall enter into the Contract to the extent that 

23 the Contract does not conflict with this Act (in24 cluding any amendment that is required to make 

25 the Contract consistent with this Act). 


wwoods2 on PRODPC68 with BILLS
128 

•S 1171 RS

1 (3) NONREIMBURSABILITY OF ALLOCATED

2 COSTS.—The following costs shall be nonreimbursable 

3 and not subject to repayment by the Nation or any 

4 other Project beneficiary: 

5 (A) Any share of the construction costs of 

6 the Nation relating to the Project authorized by 

7 section 302(a). 

8 (B) Any costs relating to the construction of 

9 the Navajo Indian Irrigation Project that may 

10 otherwise be allocable to the Nation for use of 

11 any facility of the Navajo Indian Irrigation 

12 Project to convey water to each Navajo commu13 nity under the Project. 

14 (C) Any costs relating to the construction of 

15 Navajo Dam that may otherwise be allocable to 

16 the Nation for water deliveries under the Con17 tract. 

18 (4) OPERATION, MAINTENANCE, AND REPLACE19 MENT OBLIGATION.—Subject to subsection (f), the 

20 Contract shall include provisions under which the Na21 tion shall pay any costs relating to the operation, 

22 maintenance, and replacement of each facility of the 

23 Project that are allocable to the Nation. 

24 (5) LIMITATION, CANCELLATION, TERMINATION, 

25 AND RESCISSION.—The Contract may be limited by a 


wwoods2 on PRODPC68 with BILLS
129 

•S 1171 RS

1 term of years, canceled, terminated, or rescinded only 

2 by an Act of Congress. 

3 (b) CITY OF GALLUP CONTRACT.— 

4 (1) CONTRACT AUTHORIZATION.—Consistent 

5 with this Act, the Secretary is authorized to enter into 

6 a repayment contract with the City that requires the 

7 City— 

8 (A) to repay, within a 50-year period, the 

9 share of the construction costs of the City relat10 ing to the Project, with interest as provided 

11 under section 5; and 

12 (B) consistent with section 303(g), to pay 

13 the operation, maintenance, and replacement 

14 costs of the Project that are allocable to the City. 

15 (2) CONTRACT PREPAYMENT.— 

16 (A) IN GENERAL.—The contract authorized 

17 under paragraph (1) may allow the City to sat18 isfy the repayment obligation of the City for con19 struction costs of the Project on the payment of 

20 the share of the City prior to the initiation of 

21 construction. 

22 (B) AMOUNT.—The amount of the share of 

23 the City described in subparagraph (A) shall be 

24 determined by agreement between the Secretary 

25 and the City. 


wwoods2 on PRODPC68 with BILLS
130 

•S 1171 RS

1 (C) REPAYMENT OBLIGATION.—Any repay2 ment obligation established by the Secretary and 

3 the City pursuant to subparagraph (A) shall be 

4 subject to a final cost allocation by the Secretary 

5 on project completion and to the limitations set 

6 forth in paragraph (3). 

7 (3) SHARE OF CONSTRUCTION COSTS.— 

8 (A) IN GENERAL.—Subject to subparagraph 

9 (B), the Secretary shall determine the share of 

10 the construction costs of the Project allocable to 

11 the City and establish the percentage of the allo12 cated construction costs that the City shall be re13 quired to repay pursuant to the contract entered 

14 into under paragraph (1), based on the ability of 

15 the City to pay. 

16 (B) MINIMUM PERCENTAGE.—Notwith17 standing subparagraph (A), the repayment obli18 gation of the City shall be at least 25 percent of 

19 the construction costs of the Project that are allo20 cable to the City, but shall in no event exceed 35 

21 percent. 

22 (4) EXCESS CONSTRUCTION COSTS.—Any con23 struction costs of the Project allocable to the City in 

24 excess of the repayment obligation of the City, as deVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
131 

•S 1171 RS

1 termined under paragraph (3), shall be nonreimburs2 able. 

3 (5) GRANT FUNDS.—A grant from any other 

4 Federal source shall not be credited toward the 

5 amount required to be repaid by the City under a re6 payment contract. 

7 (6) TITLE TRANSFER.—If title is transferred to 

8 the City prior to repayment under section 302(f), the 

9 City shall be required to provide assurances satisfac10 tory to the Secretary of fulfillment of the remaining 

11 repayment obligation of the City. 

12 (7) WATER DELIVERY SUBCONTRACT.—The Sec13 retary shall not enter into a contract under para14 graph (1) with the City until the City has secured a 

15 water supply for the City’s portion of the Project de16 scribed in section 303(b)(2)(B), by entering into, as 

17 approved by the Secretary, a water delivery sub18 contract for a period of not less than 40 years begin19 ning on the date on which the construction of any fa20 cility of the Project serving the City is completed, 

21 with— 

22 (A) the Nation, as authorized by the Con23 tract; 

24 (B) the Jicarilla Apache Nation, as author25 ized by the settlement contract between the 


wwoods2 on PRODPC68 with BILLS
132 

•S 1171 RS

1 United States and the Jicarilla Apache Tribe, 

2 authorized by the Jicarilla Apache Tribe Water 

3 Rights Settlement Act (Public Law 102–441; 106 

4 Stat. 2237); or 

5 (C) an acquired alternate source of water, 

6 subject to approval of the Secretary and the 

7 State of New Mexico, acting through the New 

8 Mexico Interstate Stream Commission and the 

9 New Mexico State Engineer. 

10 (c) JICARILLA APACHE NATION CONTRACT.— 

11 (1) CONTRACT AUTHORIZATION.—Consistent 

12 with this Act, the Secretary is authorized to enter into 

13 a repayment contract with the Jicarilla Apache Na14 tion that requires the Jicarilla Apache Nation— 

15 (A) to repay, within a 50-year period, the 

16 share of any construction cost of the Jicarilla 

17 Apache Nation relating to the Project, with in18 terest as provided under section 5; and 

19 (B) consistent with section 303(g), to pay 

20 the operation, maintenance, and replacement 

21 costs of the Project that are allocable to the 

22 Jicarilla Apache Nation. 

23 (2) CONTRACT PREPAYMENT.— 

24 (A) IN GENERAL.—The contract authorized 

25 under paragraph (1) may allow the Jicarilla 


wwoods2 on PRODPC68 with BILLS
133 

•S 1171 RS

1 Apache Nation to satisfy the repayment obliga2 tion of the Jicarilla Apache Nation for construc3 tion costs of the Project on the payment of the 

4 share of the Jicarilla Apache Nation prior to the 

5 initiation of construction. 

6 (B) AMOUNT.—The amount of the share of 

7 Jicarilla Apache Nation described in subpara8 graph (A) shall be determined by agreement be9 tween the Secretary and the Jicarilla Apache 

10 Nation. 

11 (C) REPAYMENT OBLIGATION.—Any repay12 ment obligation established by the Secretary and 

13 the Jicarilla Apache Nation pursuant to sub14 paragraph (A) shall be subject to a final cost al15 location by the Secretary on project completion 

16 and to the limitations set forth in paragraph (3). 

17 (3) SHARE OF CONSTRUCTION COSTS.— 

18 (A) IN GENERAL.—Subject to subparagraph 

19 (B), the Secretary shall determine the share of 

20 the construction costs of the Project allocable to 

21 the Jicarilla Apache Nation and establish the 

22 percentage of the allocated construction costs of 

23 the Jicarilla Apache Nation that the Jicarilla 

24 Apache Nation shall be required to repay based 


wwoods2 on PRODPC68 with BILLS
134 

•S 1171 RS

1 on the ability of the Jicarilla Apache Nation to 

2 pay. 

3 (B) MINIMUM PERCENTAGE.—Notwith4 standing subparagraph (A), the repayment obli5 gation of the Jicarilla Apache Nation shall be at 

6 least 25 percent of the construction costs of the 

7 Project that are allocable to the Jicarilla Apache 

8 Nation, but shall in no event exceed 35 percent. 

9 (4) EXCESS CONSTRUCTION COSTS.—Any con10 struction costs of the Project allocable to the Jicarilla 

11 Apache Nation in excess of the repayment obligation 

12 of the Jicarilla Apache Nation as determined under 

13 paragraph (3), shall be nonreimbursable. 

14 (5) GRANT FUNDS.—A grant from any other 

15 Federal source shall not be credited toward the share 

16 of the Jicarilla Apache Nation of construction costs. 

17 (6) NAVAJO INDIAN IRRIGATION PROJECT

18 COSTS.—The Jicarilla Apache Nation shall have no 

19 obligation to repay any Navajo Indian Irrigation 

20 Project construction costs that might otherwise be al21 locable to the Jicarilla Apache Nation for use of the 

22 Navajo Indian Irrigation Project facilities to convey 

23 water to the Jicarilla Apache Nation, and any such 

24 costs shall be nonreimbursable. 

25 (d) CAPITAL COST ALLOCATIONS.— 


wwoods2 on PRODPC68 with BILLS
135 

•S 1171 RS

1 (1) IN GENERAL.—For purposes of estimating 

2 the capital repayment requirements of the Project 

3 Participants under this section, the Secretary shall 

4 review and, as appropriate, update the Draft Impact 

5 Statement allocating capital construction costs for the 

6 Project. 

7 (2) FINAL COST ALLOCATION.—The repayment 

8 contracts entered into with Project Participants 

9 under this section shall require that the Secretary 

10 perform a final cost allocation when construction of 

11 the Project is determined to be substantially complete. 

12 (3) REPAYMENT OBLIGATION.—The Secretary 

13 shall determine the repayment obligation of the 

14 Project Participants based on the final cost allocation 

15 identifying reimbursable and nonreimbursable capital 

16 costs of the Project consistent with this Act. 

17 (e) OPERATION, MAINTENANCE, AND REPLACEMENT

18 COST ALLOCATIONS.—For purposes of determining the op19 eration, maintenance, and replacement obligations of the 

20 Project Participants under this section, the Secretary shall 

21 review and, as appropriate, update the Draft Impact State22 ment that allocates operation, maintenance, and replace23 ment costs for the Project. 

24 (f) TEMPORARY WAIVERS OF PAYMENTS.— 


wwoods2 on PRODPC68 with BILLS
136 

•S 1171 RS

1 (1) IN GENERAL.—On the date on which the Sec2 retary declares a section of the Project to be substan3 tially complete and delivery of water generated by 

4 and through that section of the Project can be made 

5 to the Nation, the Secretary may waive, for a period 

6 of not more than 10 years, the operation, mainte7 nance, and replacement costs allocable to the Nation 

8 for that section of the Project that the Secretary deter9 mines are in excess of the ability of the Nation to 

10 pay. 

11 (2) SUBSEQUENT PAYMENT BY NATION.—After a 

12 waiver under paragraph (1), the Nation shall pay all 

13 allocated operation, maintenance, and replacement 

14 costs of that section of the Project. 

15 (3) PAYMENT BY UNITED STATES.—Any oper16 ation, maintenance, or replacement costs waived by 

17 the Secretary under paragraph (1) shall be paid by 

18 the United States and shall be nonreimbursable. 

19 (4) EFFECT ON CONTRACTS.—Failure of the Sec20 retary to waive costs under paragraph (1) because of 

21 a lack of availability of Federal funding to pay the 

22 costs under paragraph (3) shall not alter the obliga23 tions of the Nation or the United States under a re24 payment contract. 


wwoods2 on PRODPC68 with BILLS
137 

•S 1171 RS

1 (5) TERMINATION OF AUTHORITY.—The author2 ity of the Secretary to waive costs under paragraph 

3 (1) with respect to a Project facility transferred to the 

4 Nation under section 302(f) shall terminate on the 

5 date on which the Project facility is transferred. 

6 (g) PROJECT CONSTRUCTION COMMITTEE.—The Sec7 retary shall facilitate the formation of a project construc8 tion committee with the Project Participants and the State 

9 of New Mexico— 

10 (1) to review cost factors and budgets for con11 struction and operation and maintenance activities; 

12 (2) to improve construction management through 

13 enhanced communication; and 

14 (3) to seek additional ways to reduce overall 

15 Project costs. 

16 SEC. 305. NAVAJO NATION MUNICIPAL PIPELINE. 

17 (a) USE OF NAVAJO NATION PIPELINE.—In addition 

18 to use of the Navajo Nation Municipal Pipeline to convey 

19 the Animas-La Plata Project water of the Nation, the Na20 tion may use the Navajo Nation Municipal Pipeline to con21 vey non-Animas La Plata Project water for municipal and 

22 industrial purposes. 

23 (b) CONVEYANCE OF TITLE TO PIPELINE.— 

24 (1) IN GENERAL.—On completion of the Navajo 

25 Nation Municipal Pipeline, the Secretary may enter 


wwoods2 on PRODPC68 with BILLS
138 

•S 1171 RS

1 into separate agreements with the City of Farm2 ington, New Mexico and the Nation to convey title to 

3 each portion of the Navajo Nation Municipal Pipeline 

4 facility or section of the Pipeline to the City of Farm5 ington and the Nation after execution of a Project op6 erations agreement approved by the Secretary, the 

7 Nation, and the City of Farmington that sets forth 

8 any terms and conditions that the Secretary deter9 mines are necessary. 

10 (2) CONVEYANCE TO THE CITY OF FARMINGTON

11 OR NAVAJO NATION.—In conveying title to the Navajo 

12 Nation Municipal Pipeline under this subsection, the 

13 Secretary shall convey— 

14 (A) to the City of Farmington, the facilities 

15 and any land or interest in land acquired by the 

16 United States for the construction, operation, 

17 and maintenance of the Pipeline that are located 

18 within the corporate boundaries of the City; and 

19 (B) to the Nation, the facilities and any 

20 land or interests in land acquired by the United 

21 States for the construction, operation, and main22 tenance of the Pipeline that are located outside 

23 the corporate boundaries of the City of Farm24 ington. 


wwoods2 on PRODPC68 with BILLS
139 

•S 1171 RS

1 (3) EFFECT OF CONVEYANCE.—The conveyance 

2 of title to the Pipeline shall not affect the application 

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

4 1531 et seq.) relating to the use of water associated 

5 with the Animas-La Plata Project. 

6 (4) LIABILITY.— 

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

8 the conveyance authorized by this subsection, the 

9 United States shall not be held liable by any 

10 court for damages of any kind arising out of any 

11 act, omission, or occurrence relating to the land, 

12 buildings, or facilities conveyed under this sub13 section, other than damages caused by acts of 

14 negligence committed by the United States or by 

15 employees or agents of the United States prior to 

16 the date of conveyance. 

17 (B) TORT CLAIMS.—Nothing in this sub18 section increases the liability of the United 

19 States beyond the liability provided under chap20 ter 171 of title 28, United States Code (com21 monly known as the ‘‘Federal Tort Claims Act’’). 

22 (5) NOTICE OF PROPOSED CONVEYANCE.—Not 

23 later than 45 days before the date of a proposed con24 veyance of title to the Pipeline, the Secretary shall 

25 submit to the Committee on Natural Resources of the 


wwoods2 on PRODPC68 with BILLS
140 

•S 1171 RS

1 House of Representatives and the Committee on En2 ergy and Natural Resources of the Senate, notice of 

3 the conveyance of the Pipeline. 

4 SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

5 (a) CONJUNCTIVE GROUNDWATER DEVELOPMENT

6 PLAN.—Not later than 1 year after the date of enactment 

7 of this Act, the Nation, in consultation with the Secretary, 

8 shall complete a conjunctive groundwater development plan 

9 for the wells described in subsections (b) and (c). 

10 (b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac11 cordance with the conjunctive groundwater development 

12 plan, the Secretary may construct or rehabilitate wells and 

13 related pipeline facilities to provide capacity for the diver14 sion and distribution of not more than 1,670 acre-feet of 

15 groundwater in the San Juan River Basin in the State of 

16 New Mexico for municipal and domestic uses. 

17 (c) WELLS IN THE LITTLE COLORADO AND RIO

18 GRANDE BASINS.— 

19 (1) IN GENERAL.—In accordance with the 

20 Project and conjunctive groundwater development 

21 plan for the Nation, the Secretary may construct or 

22 rehabilitate wells and related pipeline facilities to 

23 provide capacity for the diversion and distribution 

24 of— 


wwoods2 on PRODPC68 with BILLS
141 

•S 1171 RS

1 (A) not more than 680 acre-feet of ground2 water in the Little Colorado River Basin in the 

3 State of New Mexico; 

4 (B) not more than 80 acre-feet of ground5 water in the Rio Grande Basin in the State of 

6 New Mexico; and 

7 (C) not more than 770 acre-feet of ground8 water in the Little Colorado River Basin in the 

9 State of Arizona. 

10 (2) USE.—Groundwater diverted and distributed 

11 under paragraph (1) shall be used for municipal and 

12 domestic uses. 

13 (d) ACQUISITION OF LAND.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Secretary may acquire any land or in16 terest in land that is necessary for the construction, 

17 operation, and maintenance of the wells and related 

18 pipeline facilities authorized under subsections (b) 

19 and (c). 

20 (2) LIMITATION.—Nothing in this subsection au21 thorizes the Secretary to condemn water rights for the 

22 purposes described in paragraph (1). 

23 (e) CONDITION.—The Secretary shall not commence 

24 any construction activity relating to the wells described in 


wwoods2 on PRODPC68 with BILLS
142 

•S 1171 RS

1 subsections (b) and (c) until the Secretary executes the 

2 Agreement. 

3 (f) CONVEYANCE OF WELLS.— 

4 (1) IN GENERAL.—On the determination of the 

5 Secretary that the wells and related facilities are sub6 stantially complete and delivery of water generated by 

7 the wells can be made to the Nation, an agreement 

8 with the Nation shall be entered into, to convey to the 

9 Nation title to— 

10 (A) any well or related pipeline facility 

11 constructed or rehabilitated under subsections (a) 

12 and (b) after the wells and related facilities have 

13 been completed; and 

14 (B) any land or interest in land acquired 

15 by the United States for the construction, oper16 ation, and maintenance of the well or related 

17 pipeline facility. 

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

20 (A) IN GENERAL.—The Secretary is author21 ized to pay operation and maintenance costs for 

22 the wells and related pipeline facilities author23 ized under this subsection until title to the facili24 ties is conveyed to the Nation. 


wwoods2 on PRODPC68 with BILLS
143 

•S 1171 RS

1 (B) SUBSEQUENT ASSUMPTION BY NA2 TION.—On completion of a conveyance of title 

3 under paragraph (1), the Nation shall assume all 

4 responsibility for the operation and maintenance 

5 of the well or related pipeline facility conveyed. 

6 (3) EFFECT OF CONVEYANCE.—The conveyance 

7 of title to the Nation of the conjunctive use wells 

8 under paragraph (1) shall not affect the application 

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

10 1531 et seq.). 

11 (g) USE OF PROJECT FACILITIES.—The capacities of 

12 the treatment facilities, main pipelines, and lateral pipe13 lines of the Project authorized by section 302(b) may be used 

14 to treat and convey groundwater to Nation communities if 

15 the Nation provides for payment of the operation, mainte16 nance, and replacement costs associated with the use of the 

17 facilities or pipelines. 

18 (h) LIMITATIONS.—The diversion and use of ground19 water by wells constructed or rehabilitated under this sec20 tion shall be made in a manner consistent with applicable 

21 Federal and State law. 

22 SEC. 307. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS. 

23 (a) REHABILITATION.—Subject to subsection (b), the 

24 Secretary shall rehabilitate— 


wwoods2 on PRODPC68 with BILLS
144 

•S 1171 RS

1 (1) the Fruitland-Cambridge Irrigation Project 

2 to serve not more than 3,335 acres of land, which 

3 shall be considered to be the total serviceable area of 

4 the project; and 

5 (2) the Hogback-Cudei Irrigation Project to serve 

6 not more than 8,830 acres of land, which shall be con7 sidered to be the total serviceable area of the project. 

8 (b) CONDITION.—The Secretary shall not commence 

9 any construction activity relating to the rehabilitation of 

10 the Fruitland-Cambridge Irrigation Project or the Hogback11 Cudei Irrigation Project under subsection (a) until the Sec12 retary executes the Agreement. 

13 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

14 OBLIGATION.—The Nation shall continue to be responsible 

15 for the operation, maintenance, and replacement of each fa16 cility rehabilitated under this section. 

17 SEC. 308. OTHER IRRIGATION PROJECTS. 

18 (a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of this Act, the Secretary, in consultation 

20 with the State of New Mexico (acting through the Interstate 

21 Stream Commission) and the Non-Navajo Irrigation Dis22 tricts that elect to participate, shall— 

23 (1) conduct a study of Non-Navajo Irrigation 

24 District diversion and ditch facilities; and 


wwoods2 on PRODPC68 with BILLS
145 

•S 1171 RS

1 (2) based on the study, identify and prioritize a 

2 list of projects, with associated cost estimates, that are 

3 recommended to be implemented to repair, rehabili4 tate, or reconstruct irrigation diversion and ditch fa5 cilities to improve water use efficiency. 

6 (b) GRANTS.—The Secretary may provide grants to, 

7 and enter into cooperative agreements with, the Non-Navajo 

8 Irrigation Districts to plan, design, or otherwise implement 

9 the projects identified under subsection (a)(2). 

10 (c) COST-SHARING.— 

11 (1) FEDERAL SHARE.—The Federal share of the 

12 total cost of carrying out a project under subsection 

13 (b) shall be not more than 50 percent, and shall be 

14 nonreimbursable. 

15 (2) FORM.—The non-Federal share required 

16 under paragraph (1) may be in the form of in-kind 

17 contributions, including the contribution of any valu18 able asset or service that the Secretary determines 

19 would substantially contribute to a project carried out 

20 under subsection (b). 

21 (3) STATE CONTRIBUTION.—The Secretary may 

22 accept from the State of New Mexico a partial or total 

23 contribution toward the non-Federal share for a 

24 project carried out under subsection (b). 


wwoods2 on PRODPC68 with BILLS
146 

•S 1171 RS

1 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS FOR NAV3 AJO-GALLUP WATER SUPPLY PROJECT.— 

4 (1) IN GENERAL.—There is authorized to be ap5 propriated to the Secretary to plan, design, and con6 struct the Project $870,000,000 for the period of fiscal 

7 years 2009 through 2024, to remain available until 

8 expended. 

9 (2) ADJUSTMENTS.—The amount under para10 graph (1) shall be adjusted by such amounts as may 

11 be required by reason of changes since 2007 in con12 struction costs, as indicated by engineering cost indi13 ces applicable to the types of construction involved. 

14 (3) USE.—In addition to the uses authorized 

15 under paragraph (1), amounts made available under 

16 that paragraph may be used for the conduct of related 

17 activities to comply with Federal environmental laws. 

18 (4) OPERATION AND MAINTENANCE.— 

19 (A) IN GENERAL.—There are authorized to 

20 be appropriated such sums as are necessary to 

21 operate and maintain the Project consistent with 

22 this Act. 

23 (B) EXPIRATION.—The authorization under 

24 subparagraph (A) shall expire 10 years after the 

25 year the Secretary declares the Project to be sub26 stantially complete. 


wwoods2 on PRODPC68 with BILLS
147 

•S 1171 RS

1 (b) APPROPRIATIONS FOR CONJUNCTIVE USE

2 WELLS.— 

3 (1) SAN JUAN WELLS.—There is authorized to be 

4 appropriated to the Secretary for the construction or 

5 rehabilitation and operation and maintenance of con6 junctive use wells under section 306(b) $30,000,000, 

7 as adjusted under paragraph (3), for the period of fis8 cal years 2009 through 2019. 

9 (2) WELLS IN THE LITTLE COLORADO AND RIO

10 GRANDE BASINS.—There are authorized to be appro11 priated to the Secretary for the construction or reha12 bilitation and operation and maintenance of conjunc13 tive use wells under section 306(c) such sums as are 

14 necessary for the period of fiscal years 2009 through 

15 2024. 

16 (3) ADJUSTMENTS.—The amount under para17 graph (1) shall be adjusted by such amounts as may 

18 be required by reason of changes since 2008 in con19 struction costs, as indicated by engineering cost indi20 ces applicable to the types of construction or rehabili21 tation involved. 

22 (4) NONREIMBURSABLE EXPENDITURES.— 

23 Amounts made available under paragraphs (1) and 

24 (2) shall be nonreimbursable to the United States. 


wwoods2 on PRODPC68 with BILLS
148 

•S 1171 RS

1 (5) USE.—In addition to the uses authorized 

2 under paragraphs (1) and (2), amounts made avail3 able under that paragraph may be used for the con4 duct of related activities to comply with Federal envi5 ronmental laws. 

6 (6) LIMITATION.—Appropriations authorized 

7 under paragraph (1) shall not be used for operation 

8 or maintenance of any conjunctive use wells at a time 

9 in excess of 3 years after the well is declared substan10 tially complete. 

11 (c) SAN JUAN RIVER IRRIGATION PROJECTS.— 

12 (1) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary— 

14 (A) to carry out section 307(a)(1), not more 

15 than $7,700,000, as adjusted under paragraph 

16 (2), for the period of fiscal years 2009 through 

17 2015, to remain available until expended; and 

18 (B) to carry out section 307(a)(2), not more 

19 than $15,400,000, as adjusted under paragraph 

20 (2), for the period of fiscal years 2009 through 

21 2018, to remain available until expended. 

22 (2) ADJUSTMENT.—The amounts made available 

23 under paragraph (1) shall be adjusted by such 

24 amounts as may be required by reason of changes 

25 since January 1, 2004, in construction costs, as indiVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
149 

•S 1171 RS

1 cated by engineering cost indices applicable to the 

2 types of construction involved in the rehabilitation. 

3 (3) NONREIMBURSABLE EXPENDITURES.— 

4 Amounts made available under this subsection shall 

5 be nonreimbursable to the United States. 

6 (d) OTHER IRRIGATION PROJECTS.—There are author7 ized to be appropriated to the Secretary to carry out section 

8 308 $11,000,000 for the period of fiscal years 2009 through 

9 2018. 

10 (e) CULTURAL RESOURCES.— 

11 (1) IN GENERAL.—The Secretary may use not 

12 more than 2 percent of amounts made available under 

13 subsections (a), (b), and (c) for the survey, recovery, 

14 protection, preservation, and display of archaeological 

15 resources in the area of a Project facility or conjunc16 tive use well. 

17 (2) NONREIMBURSABLE EXPENDITURES.—Any 

18 amounts made available under paragraph (1) shall be 

19 nonreimbursable. 

20 (f) FISH AND WILDLIFE FACILITIES.— 

21 (1) IN GENERAL.—In association with the devel22 opment of the Project, the Secretary may use not 

23 more than 4 percent of amounts made available under 

24 subsections (a), (b), and (c) to purchase land and con25 struct and maintain facilities to mitigate the loss of, 


wwoods2 on PRODPC68 with BILLS
150 

•S 1171 RS

1 and improve conditions for the propagation of, fish 

2 and wildlife if any such purchase, construction, or 

3 maintenance will not affect the operation of any 

4 water project or use of water. 

5 (2) NONREIMBURSABLE EXPENDITURES.—Any 

6 amounts expended under paragraph (1) shall be non7 reimbursable. 

8 TITLE IV—NAVAJO NATION 

9 WATER RIGHTS 

10 SEC. 401. AGREEMENT. 

11 (a) AGREEMENT APPROVAL.— 

12 (1) APPROVAL BY CONGRESS.—Except to the ex13 tent that any provision of the Agreement conflicts 

14 with this Act, Congress approves, ratifies, and con15 firms the Agreement (including any amendments to 

16 the Agreement that are executed to make the Agree17 ment consistent with this Act). 

18 (2) EXECUTION BY SECRETARY.—The Secretary 

19 shall enter into the Agreement to the extent that the 

20 Agreement does not conflict with this Act, includ21 ing— 

22 (A) any exhibits to the Agreement requiring 

23 the signature of the Secretary; and 


wwoods2 on PRODPC68 with BILLS
151 

•S 1171 RS

1 (B) any amendments to the Agreement nec2 essary to make the Agreement consistent with 

3 this Act. 

4 (3) AUTHORITY OF SECRETARY.—The Secretary 

5 may carry out any action that the Secretary deter6 mines is necessary or appropriate to implement the 

7 Agreement, the Contract, and this section. 

8 (4) ADMINISTRATION OF NAVAJO RESERVOIR RE9 LEASES.—The State of New Mexico may administer 

10 water that has been released from storage in Navajo 

11 Reservoir in accordance with subparagraph 9.1 of the 

12 Agreement. 

13 (b) WATER AVAILABLE UNDER CONTRACT.— 

14 (1) QUANTITIES OF WATER AVAILABLE.— 

15 (A) IN GENERAL.—Water shall be made 

16 available annually under the Contract for 

17 projects in the State of New Mexico supplied 

18 from the Navajo Reservoir and the San Juan 

19 River (including tributaries of the River) under 

20 New Mexico State Engineer File Numbers 2849, 

21 2883, and 3215 in the quantities described in 

22 subparagraph (B). 

23 (B) WATER QUANTITIES.—The quantities of 

24 water referred to in subparagraph (A) are as fol25 lows: 


wwoods2 on PRODPC68 with BILLS
152 

•S 1171 RS

Diversion 

(acrefeet/ 

year) 

Depletion 

(acrefeet/ 

year) 

Navajo Indian Irrigation Project 508,000 270,000 

Navajo-Gallup Water Supply Project 22,650 20,780 

Animas-La Plata Project 4,680 2,340 

Total 535,330 293,120 

1 (C) MAXIMUM QUANTITY.—A diversion of 

2 water to the Nation under the Contract for a 

3 project described in subparagraph (B) shall not 

4 exceed the quantity of water necessary to supply 

5 the amount of depletion for the project. 

6 (D) TERMS, CONDITIONS, AND LIMITA7 TIONS.—The diversion and use of water under 

8 the Contract shall be subject to and consistent 

9 with the terms, conditions, and limitations of the 

10 Agreement, this Act, and any other applicable 

11 law. 

12 (2) AMENDMENTS TO CONTRACT.—The Secretary, 

13 with the consent of the Nation, may amend the Con14 tract if the Secretary determines that the amendment 

15 is— 

16 (A) consistent with the Agreement; and 

17 (B) in the interest of conserving water or 

18 facilitating beneficial use by the Nation or a sub19 contractor of the Nation. 


wwoods2 on PRODPC68 with BILLS
153 

•S 1171 RS

1 (3) RIGHTS OF THE NATION.—The Nation may, 

2 under the Contract— 

3 (A) use tail water, wastewater, and return 

4 flows attributable to a use of the water by the 

5 Nation or a subcontractor of the Nation if— 

6 (i) the depletion of water does not ex7 ceed the quantities described in paragraph 

8 (1); and 

9 (ii) the use of tail water, wastewater, 

10 or return flows is consistent with the terms, 

11 conditions, and limitations of the Agree12 ment, and any other applicable law; and 

13 (B) change a point of diversion, change a 

14 purpose or place of use, and transfer a right for 

15 depletion under this Act (except for a point of 

16 diversion, purpose or place of use, or right for 

17 depletion for use in the State of Arizona under 

18 section 303(b)(2)(D)), to another use, purpose, 

19 place, or depletion in the State of New Mexico to 

20 meet a water resource or economic need of the 

21 Nation if— 

22 (i) the change or transfer is subject to 

23 and consistent with the terms of the Agree24 ment, the Partial Final Decree described in 


wwoods2 on PRODPC68 with BILLS
154 

•S 1171 RS

1 paragraph 3.0 of the Agreement, the Con2 tract, and any other applicable law; and 

3 (ii) a change or transfer of water use 

4 by the Nation does not alter any obligation 

5 of the United States, the Nation, or another 

6 party to pay or repay project construction, 

7 operation, maintenance, or replacement 

8 costs under this Act and the Contract. 

9 (c) SUBCONTRACTS.— 

10 (1) IN GENERAL.— 

11 (A) SUBCONTRACTS BETWEEN NATION AND

12 THIRD PARTIES.—The Nation may enter into 

13 subcontracts for the delivery of Project water 

14 under the Contract to third parties for any bene15 ficial use in the State of New Mexico (on or off 

16 land held by the United States in trust for the 

17 Nation or a member of the Nation or land held 

18 in fee by the Nation). 

19 (B) APPROVAL REQUIRED.—A subcontract 

20 entered into under subparagraph (A) shall not be 

21 effective until approved by the Secretary in ac22 cordance with this subsection and the Contract. 

23 (C) SUBMITTAL.—The Nation shall submit 

24 to the Secretary for approval or disapproval any 

25 subcontract entered into under this subsection. 


wwoods2 on PRODPC68 with BILLS
155 

•S 1171 RS

1 (D) DEADLINE.—The Secretary shall ap2 prove or disapprove a subcontract submitted to 

3 the Secretary under subparagraph (C) not later 

4 than the later of— 

5 (i) the date that is 180 days after the 

6 date on which the subcontract is submitted 

7 to the Secretary; and 

8 (ii) the date that is 60 days after the 

9 date on which a subcontractor complies 

10 with— 

11 (I) section 102(2)(C) of the Na12 tional Environmental Policy Act of 

13 1969 (42 U.S.C. 4332(2)(C)); and 

14 (II) any other requirement of Fed15 eral law. 

16 (E) ENFORCEMENT.—A party to a sub17 contract may enforce the deadline described in 

18 subparagraph (D) under section 1361 of title 28, 

19 United States Code. 

20 (F) COMPLIANCE WITH OTHER LAW.—A 

21 subcontract described in subparagraph (A) shall 

22 comply with the Agreement, the Partial Final 

23 Decree described in paragraph 3.0 of the Agree24 ment, and any other applicable law. 


wwoods2 on PRODPC68 with BILLS
156 

•S 1171 RS

1 (G) NO LIABILITY.—The Secretary shall not 

2 be liable to any party, including the Nation, for 

3 any term of, or any loss or other detriment re4 sulting from, a lease, contract, or other agree5 ment entered into pursuant to this subsection. 

6 (2) ALIENATION.— 

7 (A) PERMANENT ALIENATION.—The Nation 

8 shall not permanently alienate any right granted 

9 to the Nation under the Contract. 

10 (B) MAXIMUM TERM.—The term of any 

11 water use subcontract (including a renewal) 

12 under this subsection shall be not more than 99 

13 years. 

14 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

15 subsection— 

16 (A) provides congressional authorization for 

17 the subcontracting rights of the Nation; and 

18 (B) is deemed to fulfill any requirement 

19 that may be imposed by section 2116 of the Re20 vised Statutes (25 U.S.C. 177). 

21 (4) FORFEITURE.—The nonuse of the water sup22 ply secured by a subcontractor of the Nation under 

23 this subsection shall not result in forfeiture, abandon24 ment, relinquishment, or other loss of any part of a 


wwoods2 on PRODPC68 with BILLS
157 

•S 1171 RS

1 right decreed to the Nation under the Contract or this 

2 section. 

3 (5) NO PER CAPITA PAYMENTS.—No part of the 

4 revenue from a water use subcontract under this sub5 section shall be distributed to any member of the Na6 tion on a per capita basis. 

7 (d) WATER LEASES NOT REQUIRING SUB8 CONTRACTS.— 

9 (1) AUTHORITY OF NATION.— 

10 (A) IN GENERAL.—The Nation may lease, 

11 contract, or otherwise transfer to another party 

12 or to another purpose or place of use in the State 

13 of New Mexico (on or off land that is held by the 

14 United States in trust for the Nation or a mem15 ber of the Nation or held in fee by the Nation) 

16 a water right that— 

17 (i) is decreed to the Nation under the 

18 Agreement; and 

19 (ii) is not subject to the Contract. 

20 (B) COMPLIANCE WITH OTHER LAW.—In 

21 carrying out an action under this subsection, the 

22 Nation shall comply with the Agreement, the 

23 Partial Final Decree described in paragraph 3.0 

24 of the Agreement, the Supplemental Partial 


wwoods2 on PRODPC68 with BILLS
158 

•S 1171 RS

1 Final Decree described in paragraph 4.0 of the 

2 Agreement, and any other applicable law. 

3 (2) ALIENATION; MAXIMUM TERM.— 

4 (A) ALIENATION.—The Nation shall not 

5 permanently alienate any right granted to the 

6 Nation under the Agreement. 

7 (B) MAXIMUM TERM.—The term of any 

8 water use lease, contract, or other arrangement 

9 (including a renewal) under this subsection shall 

10 be not more than 99 years. 

11 (3) NO LIABILITY.—The Secretary shall not be 

12 liable to any party, including the Nation, for any 

13 term of, or any loss or other detriment resulting from, 

14 a lease, contract, or other agreement entered into pur15 suant to this subsection. 

16 (4) NONINTERCOURSE ACT COMPLIANCE.—This 

17 subsection— 

18 (A) provides congressional authorization for 

19 the lease, contracting, and transfer of any water 

20 right described in paragraph (1)(A); and 

21 (B) is deemed to fulfill any requirement 

22 that may be imposed by the provisions of section 

23 2116 of the Revised Statutes (25 U.S.C. 177). 

24 (5) FORFEITURE.—The nonuse of a water right 

25 of the Nation by a lessee or contractor to the Nation 


wwoods2 on PRODPC68 with BILLS
159 

•S 1171 RS

1 under this subsection shall not result in forfeiture, 

2 abandonment, relinquishment, or other loss of any 

3 part of a right decreed to the Nation under the Con4 tract or this section. 

5 (e) NULLIFICATION.— 

6 (1) DEADLINES.— 

7 (A) IN GENERAL.—In carrying out this sec8 tion, the following deadlines apply with respect 

9 to implementation of the Agreement: 

10 (i) AGREEMENT.—Not later than De11 cember 31, 2009, the Secretary shall execute 

12 the Agreement. 

13 (ii) CONTRACT.—Not later than De14 cember 31, 2009, the Secretary and the Na15 tion shall execute the Contract. 

16 (iii) PARTIAL FINAL DECREE.—Not 

17 later than December 31, 2012, the court in 

18 the stream adjudication shall have entered 

19 the Partial Final Decree described in para20 graph 3.0 of the Agreement. 

21 (iv) FRUITLAND-CAMBRIDGE IRRIGA22 TION PROJECT.—Not later than December 

23 31, 2015, the rehabilitation construction of 

24 the Fruitland-Cambridge Irrigation Project 


wwoods2 on PRODPC68 with BILLS
160 

•S 1171 RS

1 authorized under section 307(a)(1) shall be 

2 completed. 

3 (v) SUPPLEMENTAL PARTIAL FINAL DE4 CREE.—Not later than December 31, 2015, 

5 the court in the stream adjudication shall 

6 enter the Supplemental Partial Final De7 cree described in subparagraph 4.0 of the 

8 Agreement. 

9 (vi) HOGBACK-CUDEI IRRIGATION

10 PROJECT.—Not later than December 31, 

11 2018, the rehabilitation construction of the 

12 Hogback-Cudei Irrigation Project author13 ized under section 307(a)(2) shall be com14 pleted. 

15 (vii) TRUST FUND.—Not later than 

16 December 31, 2019, the United States shall 

17 make all deposits into the Trust Fund 

18 under section 402. 

19 (viii) CONJUNCTIVE WELLS.—Not later 

20 than December 31, 2019, the funds author21 ized to be appropriated under section 

22 309(b)(1) for the conjunctive use wells au23 thorized under section 306(b) should be ap24 propriated. 


wwoods2 on PRODPC68 with BILLS
161 

•S 1171 RS

1 (ix) NAVAJO-GALLUP WATER SUPPLY

2 PROJECT.—Not later than December 31, 

3 2024, the construction of all Project facili4 ties shall be completed. 

5 (B) EXTENSION.—A deadline described in 

6 subparagraph (A) may be extended if the Nation, 

7 the United States (acting through the Secretary), 

8 and the State of New Mexico (acting through the 

9 New Mexico Interstate Stream Commission) 

10 agree that an extension is reasonably necessary. 

11 (2) REVOCABILITY OF AGREEMENT, CONTRACT

12 AND AUTHORIZATIONS.— 

13 (A) PETITION.—If the Nation determines 

14 that a deadline described in paragraph (1)(A) is 

15 not substantially met, the Nation may submit to 

16 the court in the stream adjudication a petition 

17 to enter an order terminating the Agreement and 

18 Contract. 

19 (B) TERMINATION.—On issuance of an 

20 order to terminate the Agreement and Contract 

21 under subparagraph (A)— 

22 (i) the Trust Fund shall be terminated; 

23 (ii) the balance of the Trust Fund shall 

24 be deposited in the general fund of the 

25 Treasury; 


wwoods2 on PRODPC68 with BILLS
162 

•S 1171 RS

1 (iii) the authorizations for construction 

2 and rehabilitation of water projects under 

3 this Act shall be revoked and any Federal 

4 activity related to that construction and re5 habilitation shall be suspended; and 

6 (iv) this title and titles I and III shall 

7 be null and void. 

8 (3) CONDITIONS NOT CAUSING NULLIFICATION OF

9 SETTLEMENT.— 

10 (A) IN GENERAL.—If a condition described 

11 in subparagraph (B) occurs, the Agreement and 

12 Contract shall not be nullified or terminated. 

13 (B) CONDITIONS.—The conditions referred 

14 to in subparagraph (A) are as follows: 

15 (i) A lack of right to divert at the ca16 pacities of conjunctive use wells constructed 

17 or rehabilitated under section 306. 

18 (ii) A failure— 

19 (I) to determine or resolve an ac20 counting of the use of water under this 

21 Act in the State of Arizona; 

22 (II) to obtain a necessary water 

23 right for the consumptive use of water 

24 in Arizona; 


wwoods2 on PRODPC68 with BILLS
163 

•S 1171 RS

1 (III) to contract for the delivery of 

2 water for use in Arizona; or 

3 (IV) to construct and operate a 

4 lateral facility to deliver water to a 

5 community of the Nation in Arizona, 

6 under the Project. 

7 (f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), nothing in the Agreement, the Contract, or 

10 this section quantifies or adversely affects the land 

11 and water rights, or claims or entitlements to water, 

12 of any Indian tribe or community other than the 

13 rights, claims, or entitlements of the Nation in, to, 

14 and from the San Juan River Basin in the State of 

15 New Mexico. 

16 (2) EXCEPTION.—The right of the Nation to use 

17 water under water rights the Nation has in other 

18 river basins in the State of New Mexico shall be 

19 forborne to the extent that the Nation supplies the 

20 uses for which the water rights exist by diversions of 

21 water from the San Juan River Basin under the 

22 Project consistent with subparagraph 9.13 of the 

23 Agreement. 


wwoods2 on PRODPC68 with BILLS
164 

•S 1171 RS

1 SEC. 402. TRUST FUND. 

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

3 Treasury a fund to be known as the ‘‘Navajo Nation Water 

4 Resources Development Trust Fund’’, consisting of— 

5 (1) such amounts as are appropriated to the 

6 Trust Fund under subsection (f); and 

7 (2) any interest earned on investment of 

8 amounts in the Trust Fund under subsection (d). 

9 (b) USE OF FUNDS.—The Nation may use amounts 

10 in the Trust Fund— 

11 (1) to investigate, construct, operate, maintain, 

12 or replace water project facilities, including facilities 

13 conveyed to the Nation under this Act and facilities 

14 owned by the United States for which the Nation is 

15 responsible for operation, maintenance, and replace16 ment costs; and 

17 (2) to investigate, implement, or improve a 

18 water conservation measure (including a metering or 

19 monitoring activity) necessary for the Nation to make 

20 use of a water right of the Nation under the Agree21 ment. 

22 (c) MANAGEMENT.—The Secretary shall manage the 

23 Trust Fund, invest amounts in the Trust Fund, and make 

24 amounts available from the Trust Fund for distribution to 

25 the Nation in accordance with the American Indian Trust 


wwoods2 on PRODPC68 with BILLS
165 

•S 1171 RS

1 Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 

2 seq.). 

3 (d) INVESTMENT OF THE TRUST FUND.—The Sec4 retary shall invest amounts in the Trust Fund in accord5 ance with— 

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

7 (2) the first section of the Act of June 24, 1938 

8 (25 U.S.C. 162a); and 

9 (3) the American Indian Trust Fund Manage10 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

11 (e) CONDITIONS FOR EXPENDITURES AND WITH12 DRAWALS.— 

13 (1) TRIBAL MANAGEMENT PLAN.— 

14 (A) IN GENERAL.—Subject to paragraph 

15 (7), on approval by the Secretary of a tribal 

16 management plan in accordance with the Amer17 ican Indian Trust Fund Management Reform 

18 Act of 1994 (25 U.S.C. 4001 et seq.), the Nation 

19 may withdraw all or a portion of the amounts 

20 in the Trust Fund. 

21 (B) REQUIREMENTS.—In addition to any 

22 requirements under the American Indian Trust 

23 Fund Management Reform Act of 1994 (25 

24 U.S.C. 4001 et seq.), the tribal management plan 

25 shall require that the Nation only use amounts 


wwoods2 on PRODPC68 with BILLS
166 

•S 1171 RS

1 in the Trust Fund for the purposes described in 

2 subsection (b), including the identification of 

3 water conservation measures to be implemented 

4 in association with the agricultural water use of 

5 the Nation. 

6 (2) ENFORCEMENT.—The Secretary may take ju7 dicial or administrative action to enforce the provi8 sions of any tribal management plan to ensure that 

9 any amounts withdrawn from the Trust Fund are 

10 used in accordance with this Act. 

11 (3) NO LIABILITY.—Neither the Secretary nor the 

12 Secretary of the Treasury shall be liable for the ex13 penditure or investment of any amounts withdrawn 

14 from the Trust Fund by the Nation. 

15 (4) EXPENDITURE PLAN.— 

16 (A) IN GENERAL.—The Nation shall submit 

17 to the Secretary for approval an expenditure 

18 plan for any portion of the amounts in the Trust 

19 Fund made available under this section that the 

20 Nation does not withdraw under this subsection. 

21 (B) DESCRIPTION.—The expenditure plan 

22 shall describe the manner in which, and the pur23 poses for which, funds of the Nation remaining 

24 in the Trust Fund will be used. 


wwoods2 on PRODPC68 with BILLS
167 

•S 1171 RS

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

3 shall approve the plan if the Secretary deter4 mines that the plan is reasonable and consistent 

5 with this Act. 

6 (5) ANNUAL REPORT.—The Nation shall submit 

7 to the Secretary an annual report that describes any 

8 expenditures from the Trust Fund during the year 

9 covered by the report. 

10 (6) LIMITATION.—No portion of the amounts in 

11 the Trust Fund shall be distributed to any Nation 

12 member on a per capita basis. 

13 (7) CONDITIONS.—Any amount authorized to be 

14 appropriated to the Trust Fund under subsection (f) 

15 shall not be available for expenditure or with16 drawal— 

17 (A) before December 31, 2019; and 

18 (B) until the date on which the court in the 

19 stream adjudication has entered— 

20 (i) the Partial Final Decree; and 

21 (ii) the Supplemental Partial Final 

22 Decree. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated for deposit in the Trust 

25 Fund— 


wwoods2 on PRODPC68 with BILLS
168 

•S 1171 RS

1 (1) $6,000,000 for each of fiscal years 2009 

2 through 2013; and 

3 (2) $4,000,000 for each of fiscal years 2014 

4 through 2018. 

5 SEC. 403. WAIVERS AND RELEASES. 

6 (a) CLAIMS BY THE NATION AND THE UNITED

7 STATES.—The Nation, on behalf of itself and members of 

8 the Nation (other than members in the capacity of the mem9 bers as allottees), and the United States, acting through the 

10 Secretary and in the capacity of the United States as trust11 ee for the Nation, shall each execute a waiver and release 

12 of— 

13 (1) all claims for water rights in, or for waters 

14 of, the San Juan River Basin in the State of New 

15 Mexico that the Nation, or the United States as trust16 ee for the Nation, asserted, or could have asserted, in 

17 the San Juan River adjudication or in any other 

18 court proceeding; 

19 (2) all claims that the Nation, or the United 

20 States as trustee for the Nation, has asserted or could 

21 assert for any damage, loss, or injury to water rights 

22 or claims of interference, diversion, or taking of water 

23 in the San Juan Basin in the State of New Mexico 

24 that, regardless of whether the damage, loss, or injury 

25 is unanticipated, unexpected, or unknown— 


wwoods2 on PRODPC68 with BILLS
169 

•S 1171 RS

1 (A) accrued at any time before or on the ef2 fective date of the waiver and release under sub3 section (d); and 

4 (B) may or may not be more numerous or 

5 more serious than is understood or expected; and 

6 (3) all claims of any damage, loss, or injury or 

7 for injunctive or other relief because of the condition 

8 of or changes in water quality related to, or arising 

9 out of, the exercise of water rights. 

10 (b) CLAIMS BY THE NATION AGAINST THE UNITED

11 STATES.—The Nation, on behalf of itself and its members 

12 (other than members in the capacity of the members as 

13 allottees), shall execute a waiver and release of— 

14 (1) all causes of action that the Nation or the 

15 members of the Nation (other than members in the ca16 pacity of the members as allottees) may have against 

17 the United States or any agencies or employees of the 

18 United States, arising out of claims for water rights 

19 in, or waters of, the San Juan River Basin in the 

20 State of New Mexico that the United States asserted, 

21 or could have asserted, in the stream adjudication or 

22 other court proceeding; 

23 (2) all claims for any damage, loss, or injury to 

24 water rights, claims of interference, diversion or tak25 ing of water, or failure to protect, acquire, or develop 


wwoods2 on PRODPC68 with BILLS
170 

•S 1171 RS

1 water or water rights for land within the San Juan 

2 Basin in the State of New Mexico that, regardless 

3 whether the damage, loss, or injury is unanticipated, 

4 unexpected, or unknown— 

5 (A) accrued at any time before or on the ef6 fective date of the waiver and release under sub7 section (d); and 

8 (B) may or may not be more numerous or 

9 more serious than is understood or expected; and 

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

11 relating in any manner to the negotiation, execution 

12 or adoption of the Agreement, the Contract, or this 

13 Act (including any specific terms and provisions of 

14 the Agreement, the Contract, or this Act) that the Na15 tion may have against the United States or any agen16 cies or employees of the United States. 

17 (c) RESERVATION OF CLAIMS.—Notwithstanding sub18 sections (a) and (b), the Nation and the members of the 

19 Nation (including members in the capacity of the members 

20 as allottees) and the United States, as trustee for the Nation 

21 and allottees, shall retain— 

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

23 water rights arising out of activities occurring outside 

24 the San Juan River Basin in the State of New MexVerDate Aug 31 2005 01:47 Jun 26, 2008 Jkt 069200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\S1171.RS S1171

wwoods2 on PRODPC68 with BILLS
171 

•S 1171 RS

1 ico, subject to paragraphs 8.0, 9.3, 9.12, 9.13 and 

2 13.9 of the Agreement; 

3 (2) all claims for enforcement of the Agreement, 

4 the Contract, the Partial Final Decree, the Supple5 mental Partial Final Decree, or this Act, through any 

6 legal and equitable remedies available in any court of 

7 competent jurisdiction; 

8 (3) all rights to use and protect water rights ac9 quired pursuant to State law after the effective date 

10 of the waivers and releases described in subsection (d); 

11 (4) all claims relating to activities affecting the 

12 quality of water not related to the exercise of water 

13 rights; and 

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

15 and powers not specifically waived and released 

16 under the terms of the Agreement or this Act. 

17 (d) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The waivers and releases de19 scribed in subsection (a) shall be effective on the date 

20 on which the Secretary publishes in the Federal Reg21 ister a statement of findings documenting that each of 

22 the deadlines described in section 401(e)(1) have been 

23 met. 

24 (2) DEADLINE.—If the deadlines in section 

25 401(e)(1)(A) have not been met by the later of March 


wwoods2 on PRODPC68 with BILLS
172 

•S 1171 RS

1 1, 2025, or the date of any extension under section 

2 401(e)(1)(B)— 

3 (A) the waivers and releases described in 

4 subsection (a) shall be of no effect; and 

5 (B) section 401(e)(2)(B) shall apply. 

6 SEC. 404. WATER RIGHTS HELD IN TRUST. 

7 A tribal water right adjudicated and described in 

8 paragraph 3.0 of the Partial Final Decree and in para9 graph 3.0 of the Supplemental Partial Final Decree shall 

10 be held in trust by the United States on behalf of the Nation. 


wwoods2 on PRODPC68 with BILLS

wwoods2 on PRODPC68 with BILLS
Calendar No. 839 

110TH CONGRESS 

2D SESSION S. 1171 

[Report No. 110

–401] 

A BILL 

To amend the Colorado River Storage Project Act 

and for other purposes. Reclamation to provide for the delivery of water, infrastructure, to authorize the Commissioner of the conveyance of certain Reclamation land and lamation Water Settlements Fund, to authorize the use of the reclamation fund to fund the Recture in Northwestern New Mexico, to authorize struction and rehabilitation of water infrastrucand Public Law 87–483 to authorize the conJUNE 25, 2008 

Reported with an amendment 


wwoods2 on PRODPC68 with BILLS