II 

110TH CONGRESS 

1ST SESSION S. 1171 

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 

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 

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, 


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1 SECTION 1. SHORT TITLE. 

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

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

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

5 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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 acre-feet per year. 


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

2 means the agreement among the State of New Mex3 ico, the Nation, and the United States setting forth 

4 a stipulated and binding agreement signed by the 

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

6 2005. 

7 (3) ANIMAS-LAPLATAPROJECT.—The term 

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

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

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

11 Nighthorse, the Pipeline, and any other features or 

12 modifications made pursuant to the Colorado Ute 

13 Settlement Act Amendments of 2000 (Public Law 

14 106–554; 114 Stat. 2763A–258). 

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

16 Gallup, New Mexico. 

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

18 the Upper Colorado River Basin Compact as con19 sented to by the Act of April 6, 1949 (63 Stat. 31, 

20 chapter 48). 

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

22 the contract between the United States and the Na23 tion setting forth certain commitments, rights, and 

24 obligations of the United States and the Nation, as 

25 described in paragraph 6.0 of the Agreement. 


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

2 the depletion of the flow of the San Juan River 

3 stream system in State of New Mexico by a par4 ticular use of water (including any depletion incident 

5 to the use) and represents the diversion from the 

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

7 stream system from the use. 

8 (8) DRAFT IMPACT STATEMENT.—The term 

9 ‘‘Draft Impact Statement’’ means the draft environ10 mental impact statement prepared by the Bureau of 

11 Reclamation for the Project dated March 2007. 

12 (9) FUND.—The term ‘‘Fund’’ means the Rec13 lamation Waters Settlements Fund established by 

14 section 201(a). 

15 (10) HYDROLOGIC DETERMINATION.—The term 

16 ‘‘hydrologic determination’’ means the draft hydro17 logic determination entitled ‘‘Water Availability from 

18 Navajo Reservoir and the Upper Colorado River 

19 Basin for Use in New Mexico,’’ prepared by the Bu20 reau of Reclamation pursuant to section 11 of the 

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

22 99), and dated May 2006. 

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

24 Navajo Nation, a body politic and federally-recog25 nized Indian nation as provided for in section 101(2) 


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1 of the Federally Recognized Indian Tribe List of 

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

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

4 New Mexico & Utah,’’ and the ‘‘Navajo Tribe of In5 dians’’ and other similar names, and includes all 

6 bands of Navajo Indians and chapters of the Navajo 

7 Nation. 

8 (12) NAVAJO INDIAN IRRIGATION PROJECT.— 

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

10 the Navajo Indian irrigation project authorized by 

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

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

13 Reservoir’’ means the reservoir created by the im14 poundment of the San Juan River at Navajo Dam, 

15 as authorized by the Act of April 11, 1956 (com16 monly known as the ‘‘Colorado River Storage 

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

18 (14) NAVAJO NATION MUNICIPAL PIPELINE.— 

19 The term ‘‘Navajo Nation Municipal Pipeline’’ 

20 means the pipeline used to convey the water of the 

21 Animas-La Plata Project of the Navajo Nation from 

22 the City of Farmington, New Mexico, to commu23 nities of the Navajo Nation located in close prox24 imity to the San Juan River Valley in State of New 

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1 ized by section 15(b) of the Colorado Ute Indian 

2 Water Rights Settlement Act of 1988 (Public Law 

3 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). 

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

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

6 (A) the Hammond Conservancy District; 

7 (B) the Bloomfield Irrigation District; and 

8 (C) any other community ditch organiza9 tion in the San Juan River basin in State of 

10 New Mexico. 

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

12 Northwestern New Mexico Rural Water Supply 

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

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

15 as substantially described as the preferred alter16 native in the Draft Impact Statement. 

17 (17) PROJECT PARTICIPANTS.—The term 

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

19 and the Jicarilla Apache Nation. 

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

21 means the Resolution of the Upper Colorado River 

22 Commission entitled ‘‘Use and Accounting of Upper 

23 Basin Water Supplied to the Lower Basin in New 

24 Mexico by the Proposed Project’’ and dated June 

25 17, 2003. 


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1 (19) SAN JUAN RIVER RECOVERY IMPLEMENTA2 TION PROGRAM.—The term ‘‘San Juan River Recov3 ery Implementation Program’’ means the intergov4 ernmental program established pursuant to the coop5 erative agreement dated October 21, 1992 (including 

6 any amendments to the program). 

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

8 means the Secretary of the Interior, acting through 

9 the Commissioner of Reclamation or any other des10 ignee. 

11 (21) STREAM ADJUDICATION.—The term 

12 ‘‘stream adjudication’’ means the general stream ad13 judication that is the subject of New Mexico v. 

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

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

16 waters of the San Juan River and the tributaries of 

17 that river). 

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

19 means the Navajo Nation Water Resources Develop20 ment Trust Fund established by section 402(a). 

21 SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

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

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

24 not constitute a major Federal action under the National 


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

2 seq.). 

3 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

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

5 law of the Federal Government relating to the protection 

6 of the environment, including— 

7 (1) the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.); and 

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

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

11 TITLE I—AMENDMENTS TO THE 

12 COLORADO RIVER STORAGE 

13 PROJECT ACT AND PUBLIC 

14 LAW 87–483 

15 SEC. 101. AMENDMENTS TO THE COLORADO RIVER STOR16 AGE PROJECT ACT. 

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

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

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

20 U.S.C. 620(2)) is amended by inserting ‘‘the North21 western New Mexico Rural Water Supply Project,’’ after 

22 ‘‘Fruitland Mesa,’’. 

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

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

25 Storage Project Act’’) is amended— 


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

2 620o) as section 17; and 

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

4 620n) the following: 

5 ‘‘SEC. 16. (a) The Secretary of the Interior may cre6 ate and operate within the available capacity of Navajo 

7 Reservoir a top water bank. 

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

9 accordance with subsections (c) and (d) shall not be sub10 ject to section 11 of Public Law 87–483 (76 Stat. 99). 

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

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

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

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

15 of the Interior to deliver water under contracts en16 tered into under— 

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

18 and 

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

20 2847, 2848, 2849, and 2917. 

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

22 with the State of New Mexico (acting through the Inter23 state Stream Commission), shall develop any terms and 

24 procedures for the storage, accounting, and release of 


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

2 with subsection (c). 

3 ‘‘(2) The terms and procedures developed under para4 graph (1) shall include provisions requiring that— 

5 ‘‘(A) the storage of banked water shall be sub6 ject to approval under State law by the New Mexico 

7 State Engineer to ensure that impairment of any ex8 isting water right does not occur, including storage 

9 of water under New Mexico State Engineer File No. 

10 2849; 

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

12 evaporation and other losses during storage; 

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

14 for delivery to the owner or assigns of the banked 

15 water on request of the owner, subject to reasonable 

16 scheduling requirements for making the release; and 

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

18 water spilled or released for flood control purposes 

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

20 water bank water shall not be released or included 

21 for purposes of calculating whether a release should 

22 occur for purposes of satisfying releases required 

23 under the San Juan River Recovery Implementation 

24 Program. 


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

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

3 sufficient to cover the costs incurred by the United States 

4 in administering the water bank.’’. 

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

6 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

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

8 2 and inserting the following: 

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

10 1956 (commonly known as the ‘Colorado River Storage 

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

12 the Interior is authorized to construct, operate, and main13 tain the Navajo Indian Irrigation Project to provide irriga14 tion water to a service area of not more than 110,630 

15 acres of land. 

16 ‘‘(b)(1) Subject to paragraph (2), the average diver17 sion by the Navajo Indian Irrigation Project from the 

18 Navajo Reservoir over any consecutive 10-year period shall 

19 be the lesser of— 

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

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

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

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

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

25 determined under paragraph (1). 


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

2 water diverted by the Navajo Indian Irrigation Project 

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

4 by Navajo Indian Irrigation Project facilities for the fol5 lowing purposes: 

6 ‘‘(1) Aquaculture purposes, including the 

7 rearing of fish in support of the San Juan River 

8 Basin Recovery Implementation Program authorized 

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

10 ‘‘(2) Domestic, industrial, or commercial pur11 poses relating to agricultural production and proc12 essing. 

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

14 an incident to the diversion of water by the Navajo 

15 Indian Irrigation Project for authorized purposes. 

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

17 source provisions described in subparagraph 9.2 of 

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

19 the Northwestern New Mexico Rural Water Projects 

20 Act. 

21 ‘‘(d) The Navajo Indian Irrigation Project water di22 verted under subsection (b) may be transferred to areas 

23 located within or outside the area served by Navajo Indian 

24 Irrigation Project facilities, and within or outside the 


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1 boundaries of the Navajo Nation, for any beneficial use 

2 in accordance with— 

3 ‘‘(1) the agreement executed under section 

4 401(a)(2) of the Northwestern New Mexico Rural 

5 Water Projects Act; 

6 ‘‘(2) the contract executed under section 

7 304(a)(2)(B) of the Northwestern New Mexico 

8 Rural Water Projects Act; and 

9 ‘‘(3) any other applicable law. 

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

11 Navajo Indian Irrigation Project works to convey water 

12 supplies for— 

13 ‘‘(A) the Northwestern New Mexico Rural 

14 Water Supply Project under section 302 of the 

15 Northwestern New Mexico Rural Water Projects 

16 Act; or 

17 ‘‘(B) other nonirrigation purposes authorized 

18 under subsection (c) or (d). 

19 ‘‘(2) The Secretary shall not reallocate, or require re20 payment of, construction costs of the Navajo Indian Irri21 gation Project because of the conveyance of water supplies 

22 under paragraph (1).’’. 

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

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

25 at the end the following: 


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

2 prospective shortage the water allocation procedures es3 tablished by subsection (a), the Secretary of the Interior 

4 shall determine the quantity of any shortages and the ap5 propriate apportionment of water using the normal diver6 sion requirements on the flow of the San Juan River origi7 nating above Navajo Dam based on the following criteria: 

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

9 for the current year anticipated to be necessary to 

10 irrigate land in accordance with cropping plans pre11 pared by contractors. 

12 ‘‘(B) The annual diversion or water delivery de13 mands for the current year anticipated for non-irri14 gation uses under water delivery contracts, including 

15 the demand for delivery for uses in the State of Ari16 zona under the Northwestern New Mexico Rural 

17 Water Supply Project authorized by section 302(a) 

18 of the Northwestern New Mexico Rural Water 

19 Projects Act, but excluding any current demand for 

20 surface water for placement into aquifer storage for 

21 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. 


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

2 diversion 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 Engi7 neer File No. 3215; or 

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

9 supplied through reuse. 

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

11 water uses under Navajo Reservoir water supply contracts 

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

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

14 Upper Colorado River Basin Compact, as consented to by 

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

16 Secretary shall reduce the normal diversion requirements 

17 for the year to reflect the water use or diversion limita18 tions imposed by the State of New Mexico. 

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

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

21 allocate the shortage to the demands on the Navajo Res22 ervoir water supply in the following order of priority: 

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

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1 tion 303 of the Northwestern New Mexico Rural 

2 Water Projects Act, excluding the quantity of water 

3 anticipated to be diverted for the uses from inflows 

4 to the San Juan River that arise below Navajo Dam 

5 in accordance with New Mexico State Engineer File 

6 No. 3215. 

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

8 under paragraph 8.2 of the agreement executed 

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

10 Mexico Rural Water Projects Act, excluding the 

11 quantity of water anticipated to be diverted for such 

12 uses under State Engineer File No. 3215. 

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

14 are determined under subsection (d), in accordance 

15 with the procedure for apportioning the water supply 

16 under subsection (a). 

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

18 and allocates a shortage in the Navajo Reservoir water 

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

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

21 for placement into aquifer storage for future recovery and 

22 use. 

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

24 shortage to contracts entered into under this section, the 

25 Secretary shall not include as available storage any water 


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1 stored in a top water bank in Navajo Reservoir established 

2 under section 16(a) of the Act of April 11, 1956 (com3 monly known as the ‘Colorado River Storage Project Act’). 

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

5 sharing and apportionment of water determined under 

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

7 ‘‘(g) The Secretary of the Interior may revise a deter8 mination of shortages, apportionments, or allocations of 

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

10 information relating to water supply conditions that was 

11 not available at the time at which the determination was 

12 made. 

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

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

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

16 accordance with cooperative water agreements between 

17 water users providing for a sharing of water supplies. 

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

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

20 to the maximum extent practicable, in proportionate 

21 amounts to the diversion demands of all contractors and 

22 subcontractors of the Navajo Reservoir water supply that 

23 are diverting water below Navajo Dam.’’. 


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1 SEC. 103. EFFECT ON FEDERAL WATER LAW. 

2 Unless expressly provided in this Act, nothing in this 

3 Act modifies, conflicts with, preempts, or otherwise af4 fects— 

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

6 617 et seq.); 

7 (2) the Boulder Canyon Project Adjustment Act 

8 (54 Stat. 774, chapter 643); 

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

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

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

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

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

14 (82 Stat. 885); 

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

16 (6) the Treaty between the United States of 

17 America and Mexico representing utilization of wa18 ters of the Colorado and Tijuana Rivers and of the 

19 Rio Grande, signed at Washington February 3, 1944 

20 (59 Stat. 1219); 

21 (7) the Colorado River Compact of 1922, as ap22 proved by the Presidential Proclamation of June 25, 

23 1929 (46 Stat. 3000); 

24 (8) the Compact; 

25 (9) the Act of April 6, 1949 (63 Stat. 31, chap26 ter 48); 


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1 (10) the Jicarilla Apache Tribe Water Rights 

2 Settlement Act (106 Stat. 2237); or 

3 (11) section 205 of the Energy and Water De4 velopment Appropriations Act, 2005 (118 Stat. 

5 2949). 

6 TITLE II—RECLAMATION WATER 

7 SETTLEMENTS FUND 

8 SEC. 201. RECLAMATION WATER SETTLEMENTS FUND. 

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

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

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

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

13 under subsection (b); and 

14 (2) any interest earned on investment of 

15 amounts in the Fund under subsection (d). 

16 (b) DEPOSITS TO FUND.— 

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

18 2018 through 2028, the Secretary of the Treasury 

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

20 of the revenues that would otherwise be deposited 

21 for the fiscal year in the fund established by the 

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

23 388, chapter 1093). 


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1 (2) AVAILABILITY OF AMOUNTS.—Amounts de2 posited in the Fund under paragraph (1) shall be 

3 made available pursuant to this section— 

4 (A) without further appropriation; and 

5 (B) in addition to amounts appropriated 

6 pursuant to any authorization contained in any 

7 other provision of law. 

8 (c) EXPENDITURES FROM FUND.— 

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

10 2018 through 2030, on request by the Secretary 

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

12 of the Treasury shall transfer from the Fund to the 

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

14 the fiscal year requested. 

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

16 transfer from the Fund to implement a settlement 

17 agreement approved by Congress that resolves, in 

18 whole or in part, litigation involving the United 

19 States or any other agreement approved by Congress 

20 that is entered into by the Secretary, if the settle21 ment or other agreement requires the Bureau of 

22 Reclamation to plan, design, and construct— 

23 (A) water supply infrastructure; or 

24 (B) a project— 


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1 (i) to rehabilitate a water delivery sys2 tem to conserve water; or 

3 (ii) to restore fish and wildlife habitat 

4 or otherwise improve environmental condi5 tions associated with or affected by a rec6 lamation project that is in existence on the 

7 date of enactment of this Act. 

8 (3) USE FOR COMPLETION OF PROJECT.— 

9 (A) PRIORITIES.— 

10 (i) FIRST PRIORITY.—The first pri11 ority for expenditure of amounts in the 

12 Fund shall be for the purposes described in 

13 subparagraph (B). 

14 (ii) OTHER PURPOSES.—Any amounts 

15 in the Fund that are not needed for the 

16 purposes described in subparagraph (B) 

17 may be used for other purposes authorized 

18 in paragraph (2). 

19 (B) COMPLETION OF PROJECT.—Effective 

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

21 of the Secretary, the deadline described in sec22 tion 401(f)(1)(A)(ix) is unlikely to be met be23 cause a sufficient amount of funding is not oth24 erwise available through appropriations made 

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1 retary shall request the Secretary of the Treas2 ury to transfer from the Fund to the Secretary 

3 such amounts on an annual basis pursuant to 

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

5 $500,000,000, as are necessary to pay the Fed6 eral share of the costs, and substantially com7 plete as expeditiously as practicable, the con8 struction of the water supply infrastructure au9 thorized as part of the Project. 

10 (C) PROHIBITED USE OF FUND.—The Sec11 retary shall not use any amount transferred 

12 from the Fund under subparagraph (A) to 

13 carry out any other feature or activity described 

14 in title IV other than a feature or activity relat15 ing to the construction of the water supply in16 frastructure authorized as part of the Project. 

17 (d) INVESTMENT OF AMOUNTS.— 

18 (1) IN GENERAL.—The Secretary of the Treas19 ury shall invest such portion of the Fund as is not, 

20 in the judgment of the Secretary of the Treasury, 

21 required to meet current withdrawals. 

22 (2) INTEREST-BEARING OBLIGATIONS.—Invest23 ments may be made only in interest-bearing obliga24 tions of the United States. 


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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 


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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. 


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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 


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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— 


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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 


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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 


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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— 


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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. 


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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 


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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 


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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. 


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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. 


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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 


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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— 


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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 


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•S 1171 IS

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.— 


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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— 


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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. 


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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 


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•S 1171 IS

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.— 


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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. 


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•S 1171 IS

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). 


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•S 1171 IS

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. 


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•S 1171 IS

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. 


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•S 1171 IS

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 


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•S 1171 IS

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 21:39 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1171.IS S1171

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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 


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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). 


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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. 


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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 


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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. 


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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 


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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 


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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 


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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 


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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 


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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 


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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. 


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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 


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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 


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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 


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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 


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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 


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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). 


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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. 


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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 


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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. 


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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.— 


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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.— 


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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 


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•S 1171 IS

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. 


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•S 1171 IS

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.). 


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•S 1171 IS

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 21:39 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1171.IS S1171

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•S 1171 IS

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 21:39 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1171.IS S1171

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•S 1171 IS

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— 


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•S 1171 IS

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 


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•S 1171 IS

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. 

Æ 


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