II 

109TH CONGRESS 

2D SESSION S. 4108 

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 

DECEMBER 7, 2006 

Mr. BINGAMAN 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 Irrigation Projects. 

Sec. 308. Authorization of appropriations. 

TITLE IV—NAVAJO NATION WATER RIGHTS 

Sec. 401. Agreement. 

Sec. 402. Navajo Nation Water Resources Development 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-LA PLATA PROJECT.—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 New Mexico by a particular use of 

4 water (including any depletion incident to the use) 

5 and represents the diversion from the stream system 

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

7 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. 

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 April 11, 1956 (commonly 

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

17 (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 New Mexico 

25 (including the City of Shiprock), as authorized by 


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1 section 15(b) of the Colorado Ute Indian Water 

2 Rights Settlement Act of 1988 (Public Law 100– 

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

4 (15) PROJECT.—The term ‘‘Project’’ means the 

5 Northwestern New Mexico Rural Water Supply 

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

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

8 as substantially described as the preferred alter9 native in the Draft Impact Statement. 

10 (16) PROJECT PARTICIPANTS.—The term 

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

12 and the Jicarilla Apache Nation. 

13 (17) RESOLUTION.—The term ‘‘Resolution’’ 

14 means the Resolution of the Upper Colorado River 

15 Commission entitled ‘‘Use and Accounting of Upper 

16 Basin Water Supplied to the Lower Basin in New 

17 Mexico by the Proposed Project’’ and dated June 

18 17, 2003. 

19 (18) SAN JUAN RIVER RECOVERY IMPLEMENTA20 TION PROGRAM.—The term ‘‘San Juan River Recov21 ery Implementation Program’’ means the intergov22 ernmental program established pursuant to the coop23 erative agreement dated October 21, 1992 (including 

24 any amendments to the program). 


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1 (19) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior, acting through 

3 the Commissioner of Reclamation or any other des4 ignee. 

5 (20) STREAM ADJUDICATION.—The term 

6 ‘‘stream adjudication’’ means the general stream ad7 judication that is the subject of New Mexico v. 

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

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

10 waters of the San Juan River and the tributaries of 

11 that river). 

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

13 means the Navajo Nation Water Resources Develop14 ment Trust Fund established by section 402(a). 

15 SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

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

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

18 not constitute a major Federal action under the National 

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

20 seq.). 

21 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

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

23 law of the Federal Government relating to the protection 

24 of the environment, including— 


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1 (1) the National Environmental Policy Act of 

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

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

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

5 TITLE I—AMENDMENTS TO THE 

6 COLORADO RIVER STORAGE 

7 PROJECT ACT AND PUBLIC 

8 LAW 87–483 

9 SEC. 101. AMENDMENTS TO THE COLORADO RIVER STOR10 AGE PROJECT ACT. 

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

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

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

14 U.S.C. 620(2)) is amended by inserting ‘‘the North15 western New Mexico Rural Water Supply Project,’’ after 

16 ‘‘Fruitland Mesa,’’. 

17 (b) POWERPLANT OPERATIONS.—Section 7 of the 

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

19 River Storage Project Act’’) (43 U.S.C. 620f) is amended 

20 by adding at the end the following: ‘‘The Northwestern 

21 New Mexico Rural Water Supply Project facilities con22 structed under section 302(b) of the Northwestern New 

23 Mexico Rural Water Projects Act may use power produced 

24 under this Act and administered through the Western 

25 Area Power Administration. If the power necessary for opVerDate Aug 31 2005 21:56 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4108.IS S4108

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1 erating the Northwestern New Mexico Rural Water Sup2 ply Project is anticipated to be in excess of 22 megawatts, 

3 the Secretary shall consult with the Navajo Nation and 

4 power users of the Colorado River Storage Project to de5 termine methods by which to minimize the impact of that 

6 use on third parties.’’. 

7 (c) NAVAJO RESERVOIR WATER BANK.—The Act of 

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

9 Storage Project Act’’) is amended— 

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

11 620o) as section 17; and 

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

13 620n) the following: 

14 ‘‘SEC. 16. (a) The Secretary of the Interior may cre15 ate and operate within the available capacity of Navajo 

16 Reservoir a top water bank. 

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

18 accordance with subsections (c) and (d) shall not be sub19 ject to section 11 of Public Law 87–483 (76 Stat. 99). 

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

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

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

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

24 of the Interior to deliver water under contracts en25 tered into under— 


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

2 and 

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

4 2847, 2848, 2849, and 2917. 

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

6 with the State of New Mexico (acting through the Inter7 state Stream Commission), shall develop any terms and 

8 procedures for the storage, accounting, and release of 

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

10 with subsection (c). 

11 ‘‘(2) The terms and procedures developed under para12 graph (1) shall include provisions requiring that— 

13 ‘‘(A) the storage of banked water shall be sub14 ject to approval under State law by the New Mexico 

15 State Engineer to ensure that impairment of any ex16 isting water right does not occur, including storage 

17 of water under New Mexico State Engineer File No. 

18 2849; 

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

20 evaporation and other losses during storage; 

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

22 for delivery to the owner or assigns of the banked 

23 water on request of the owner, subject to reasonable 

24 scheduling requirements for making the release; and 


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

2 water spilled or released for flood control purposes 

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

4 water bank water shall not be released or included 

5 for purposes of calculating whether a release should 

6 occur for purposes of satisfying releases required 

7 under the San Juan River Recovery Implementation 

8 Program. 

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

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

11 sufficient to cover the costs incurred by the United States 

12 in administering the water bank.’’. 

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

14 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

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

16 2 and inserting the following: 

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

18 1956 (commonly known as the ‘Colorado River Storage 

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

20 the Interior may construct, operate, and maintain the 

21 Navajo Indian Irrigation Project to provide irrigation 

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

23 of land. 

24 ‘‘(b)(1) Subject to paragraph (2), the average diver25 sion by the Navajo Indian Irrigation Project from the 


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1 Navajo Reservoir over any consecutive 10-year period shall 

2 be the lesser of— 

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

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

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

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

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

8 determined under paragraph (1). 

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

10 water diverted by the Navajo Indian Irrigation Project 

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

12 by Navajo Indian Irrigation Project facilities for the fol13 lowing purposes: 

14 ‘‘(1) Aquaculture purposes, including the 

15 rearing of fish in support of the San Juan River 

16 Basin Recovery Implementation Program authorized 

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

18 ‘‘(2) Domestic, industrial, or commercial pur19 poses relating to agricultural production and proc20 essing. 

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

22 an incident to the diversion of water by the Navajo 

23 Indian Irrigation Project for authorized purposes. 

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

25 source provisions described in subparagraph 9.2 of 


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

2 the Northwestern New Mexico Rural Water Projects 

3 Act. 

4 ‘‘(d) The Navajo Indian Irrigation Project water di5 verted under subsection (b) may be transferred to areas 

6 located within or outside the area served by Navajo Indian 

7 Irrigation Project facilities, and within or outside the 

8 boundaries of the Navajo Nation, for any beneficial use 

9 in accordance with— 

10 ‘‘(1) the agreement executed under section 

11 401(a)(2) of the Northwestern New Mexico Rural 

12 Water Projects Act; 

13 ‘‘(2) the contract executed under section 

14 304(a)(2)(B) of the Northwestern New Mexico 

15 Rural Water Projects Act; and 

16 ‘‘(3) any other applicable law. 

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

18 Navajo Indian Irrigation Project works to convey water 

19 supplies for— 

20 ‘‘(A) the Northwestern New Mexico Rural 

21 Water Supply Project under section 302 of the 

22 Northwestern New Mexico Rural Water Projects 

23 Act; or 

24 ‘‘(B) other nonirrigation purposes authorized 

25 under subsection (c) or (d). 


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1 ‘‘(2) The Secretary shall not reallocate, or require re2 payment of, construction costs of the Navajo Indian Irri3 gation Project because of the conveyance of water supplies 

4 under paragraph (1).’’. 

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

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

7 at the end the following: 

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

9 prospective shortage the water allocation procedures es10 tablished by subsection (a), the Secretary of the Interior 

11 shall determine the quantity of any shortages and the ap12 propriate apportionment of water using the normal diver13 sion requirements on the flow of the San Juan River origi14 nating above Navajo Dam based on the following criteria: 

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

16 for the current year anticipated to be necessary to 

17 irrigate land in accordance with cropping plans pre18 pared by contractors. 

19 ‘‘(B) The annual diversion or water delivery de20 mands for the current year anticipated for non-irri21 gation uses under water delivery contracts, including 

22 the demand for delivery for uses in the State of Ari23 zona under the Northwestern New Mexico Rural 

24 Water Supply Project authorized by section 302(a) 

25 of the Northwestern New Mexico Rural Water 


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1 Projects Act, but excluding any current demand for 

2 surface water for placement into aquifer storage for 

3 future recovery and use. 

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

5 135,000 acre-feet for the initial stage of the San 

6 Juan-Chama Project authorized by section 8. 

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

8 diversion requirements— 

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

10 anticipated to be diverted or delivered under a con11 tract from inflows to the San Juan River arising 

12 below Navajo Dam under New Mexico State Engi13 neer File No. 3215; or 

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

15 supplied through reuse. 

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

17 water uses under Navajo Reservoir water supply contracts 

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

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

20 Upper Colorado River Basin Compact, as consented to by 

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

22 Secretary shall reduce the normal diversion requirements 

23 for the year to reflect the water use or diversion limita24 tions imposed by the State of New Mexico. 


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

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

3 allocate the shortage to the demands on the Navajo Res4 ervoir water supply in the following order of priority: 

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

6 State of Arizona under the Northwestern New Mex7 ico Rural Water Supply Project authorized by sec8 tion 303 of the Northwestern New Mexico Rural 

9 Water Projects Act, excluding the quantity of water 

10 anticipated to be diverted for the uses from inflows 

11 to the San Juan River that arise below Navajo Dam 

12 in accordance with New Mexico State Engineer File 

13 No. 3215. 

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

15 under paragraph 8.2 of the agreement executed 

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

17 Mexico Rural Water Projects Act, excluding the 

18 quantity of water anticipated to be diverted for such 

19 uses under State Engineer File No. 3215. 

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

21 are determined under subsection (d), in accordance 

22 with the procedure for apportioning the water supply 

23 under subsection (a). 

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

25 and allocates a shortage in the Navajo Reservoir water 


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

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

3 for placement into aquifer storage for future recovery and 

4 use. 

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

6 shortage to contracts entered into under this section, the 

7 Secretary shall not include as available storage any water 

8 stored in a top water bank in Navajo Reservoir established 

9 under section 16(a) of the Act of April 11, 1956 (com10 monly known as the ‘Colorado River Storage Project Act’). 

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

12 sharing and apportionment of water determined under 

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

14 ‘‘(g) The Secretary of the Interior may revise a deter15 mination of shortages, apportionments, or allocations of 

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

17 information relating to water supply conditions that was 

18 not available at the time at which the determination was 

19 made. 

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

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

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

23 accordance with cooperative water agreements between 

24 water users providing for a sharing of water supplies. 


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

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

3 to the maximum extent practicable, in proportionate 

4 amounts to the diversion demands of all contractors and 

5 subcontractors of the Navajo Reservoir water supply that 

6 are diverting water below Navajo Dam.’’. 

7 SEC. 103. EFFECT ON FEDERAL WATER LAW. 

8 Unless expressly provided in this Act, nothing in this 

9 Act modifies, conflicts with, preempts, or otherwise af10 fects— 

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

12 617 et seq.); 

13 (2) the Boulder Canyon Project Adjustment Act 

14 (54 Stat. 774, chapter 643); 

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

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

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

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

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

20 (82 Stat. 885); 

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

22 (6) the Treaty between the United States of 

23 America and Mexico representing utilization of wa24 ters of the Colorado and Tijuana Rivers and of the 


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1 Rio Grande, signed at Washington February 3, 1944 

2 (59 Stat. 1219); 

3 (7) the Colorado River Compact of 1922, as ap4 proved by the Presidential Proclamation of June 25, 

5 1929 (46 Stat. 3000); 

6 (8) the Compact; 

7 (9) the Act of April 6, 1949 (63 Stat. 31, chap8 ter 48); 

9 (10) the Jicarilla Apache Tribe Water Rights 

10 Settlement Act (106 Stat. 2237); or 

11 (11) section 205 of the Energy and Water De12 velopment Appropriations Act, 2005 (118 Stat. 

13 2949). 

14 TITLE II—RECLAMATION WATER 

15 SETTLEMENTS FUND 

16 SEC. 201. RECLAMATION WATER SETTLEMENTS FUND. 

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

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

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

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

21 under subsection (b); and 

22 (2) any interest earned on investment of 

23 amounts in the Fund under subsection (d). 

24 (b) DEPOSITS TO FUND.— 


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

2 2018 through 2028, the Secretary of the Treasury 

3 shall deposit in the Fund $90,000,000 of the reve4 nues that would otherwise be deposited for the fiscal 

5 year in the fund established by the first section of 

6 the Act of June 17, 1902 (32 Stat. 388, chapter 

7 1093). 

8 (2) AVAILABILITY OF AMOUNTS.—Amounts de9 posited in the Fund under paragraph (1) shall be 

10 made available pursuant to this section— 

11 (A) without further appropriation; and 

12 (B) in addition to amounts appropriated 

13 pursuant to any authorization that is contained 

14 in— 

15 (i) any settlement that is approved by 

16 Congress; or 

17 (ii) any other provision of law. 

18 (c) EXPENDITURES FROM FUND.— 

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

20 2018 through 2030, on request by the Secretary 

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

22 of the Treasury shall transfer from the Fund to the 

23 Secretary an amount not to exceed $90,000,000 for 

24 the fiscal year to implement water-related judicial 


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1 settlements or other agreements involving the Bu2 reau of Reclamation that are approved by Congress. 

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

4 transfer from the Fund to implement a settlement 

5 agreement approved by Congress that resolves, in 

6 whole or in part, litigation involving the United 

7 States or any other agreement approved by Congress 

8 that is entered into by the Secretary, if the agree9 ment requires the Bureau of Reclamation to plan, 

10 design, and construct— 

11 (A) water supply infrastructure; or 

12 (B) a project— 

13 (i) to rehabilitate a water delivery sys14 tem to conserve water; or 

15 (ii) to restore fish or wildlife habitat 

16 or otherwise improve environmental condi17 tions associated with or affected by a rec18 lamation project that is in existence on the 

19 date of enactment of this Act. 

20 (3) USE FOR COMPLETION OF PROJECT.— 

21 (A) PRIORITIES.— 

22 (i) FIRST PRIORITY.—The first pri23 ority for expenditure of amounts in the 

24 Fund shall be for the purposes described in 

25 subparagraph (B). 


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1 (ii) OTHER PURPOSES.—Any amounts 

2 in the Fund that are not needed for the 

3 purposes described in subparagraph (B) 

4 may be used for other purposes authorized 

5 in paragraph (2). 

6 (B) EXPEDITED COMPLETION OF

7 PROJECT.—Effective beginning January 1, 

8 2018, if, in the judgment of the Secretary, the 

9 deadline described in section 401(f)(1)(A)(ix) is 

10 unlikely to be met because a sufficient amount 

11 of funding is not otherwise available through 

12 appropriations made available pursuant to sec13 tion 308(a), the Secretary shall request the Sec14 retary of the Treasury to transfer from the 

15 Fund to the Secretary such amounts (subject to 

16 paragraph (1)) as are necessary to pay the Fed17 eral share of the costs, and substantially com18 plete as expeditiously as practicable, the con19 struction of the water supply infrastructure au20 thorized as part of the Project. 

21 (C) PROHIBITED USE OF FUND.—The Sec22 retary shall not use any amount transferred 

23 from the Fund under subparagraph (A) to 

24 carry out any other feature or activity described 

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1 ing to the construction of the water supply in2 frastructure authorized as part of the Project. 

3 (d) INVESTMENT OF AMOUNTS.— 

4 (1) IN GENERAL.—The Secretary of the Treas5 ury shall invest such portion of the Fund as is not, 

6 in the judgment of the Secretary of the Treasury, 

7 required to meet current withdrawals. 

8 (2) INTEREST-BEARING OBLIGATIONS.—Invest9 ments may be made only in interest-bearing obliga10 tions of the United States. 

11 (3) ACQUISITION OF OBLIGATIONS.—For the 

12 purpose of investments under paragraph (1), obliga13 tions may be acquired— 

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

15 (B) by purchase of outstanding obligations 

16 at the market price. 

17 (4) SALE OF OBLIGATIONS.—Any obligation ac18 quired by the Fund may be sold by the Secretary of 

19 the Treasury at the market price. 

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

21 the proceeds from the sale or redemption of, any ob22 ligations held in the Fund shall be credited to, and 

23 form a part of, the Fund. 

24 (e) TRANSFERS OF AMOUNTS.— 


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

2 transferred to the Fund under this section shall be 

3 transferred at least monthly from the general fund 

4 of the Treasury to the Fund on the basis of esti5 mates made by the Secretary of the Treasury. 

6 (2) ADJUSTMENTS.—Proper adjustment shall 

7 be made in amounts subsequently transferred to the 

8 extent prior estimates were in excess of or less than 

9 the amounts required to be transferred. 

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

11 (1) the Fund shall terminate; and 

12 (2) the unexpended and unobligated balance of 

13 the Fund shall be transferred to the general fund of 

14 the Treasury. 

15 TITLE III—NORTHWESTERN NEW 

16 MEXICO RURAL WATER SUP17 PLY PROJECT 

18 SEC. 301. PURPOSES. 

19 The purposes of this subtitle are— 

20 (1) to authorize the Secretary to construct the 

21 Northwestern New Mexico Rural Water Supply 

22 Project; 

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

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

25 and the Jicarilla Apache Nation; and 


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1 (3) to authorize the Secretary to enter into 

2 Project repayment contracts with the city of Gallup 

3 and the Jicarilla Apache Nation. 

4 SEC. 302. AUTHORIZATION OF NORTHWESTERN NEW MEX5 ICO RURAL WATER SUPPLY PROJECT. 

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

7 Commissioner of Reclamation, may design, construct, op8 erate, and maintain the Project in substantial accordance 

9 with the preferred alternative in the Draft Impact State10 ment. 

11 (b) PROJECT FACILITIES.—To provide for the deliv12 ery of San Juan River water to Project Participants, the 

13 Secretary may construct, operate, and maintain the 

14 Project facilities described in the preferred alternative in 

15 the Draft Impact Statement, including: 

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

17 the vicinity of Kirtland, New Mexico. 

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

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

20 Mexico, and Gallup, New Mexico, which follows 

21 United States Highway 491. 

22 (B) Any pumping plants associated with 

23 the pipeline authorized under subparagraph 

24 (A). 


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

2 to Ojo Encino, New Mexico, which follows United 

3 States Highway 550. 

4 (B) Any pumping plants associated with 

5 the pipeline authorized under subparagraph 

6 (A). 

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

8 to Nation communities in the States of New Mexico 

9 and Arizona. 

10 (B) Any pumping plants associated with 

11 the pipelines authorized under subparagraph 

12 (A). 

13 (5) Any water regulation, storage or treatment 

14 facility, service connection to an existing public 

15 water supply system, power substation, power dis16 tribution works, or other appurtenant works (includ17 ing a building or access road) that is related to the 

18 Project facilities authorized by paragraphs (1) 

19 through (4), including power transmission facilities 

20 to connect Project facilities to existing high-voltage 

21 transmission facilities. 

22 (c) ACQUISITION OF LAND.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the Secretary may acquire any land or in25 terest in land that is necessary to construct, operate, 


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1 and maintain the Project facilities authorized under 

2 subsection (b). 

3 (2) LIMITATION.—The Secretary may not con4 demn water rights for purposes of the Project. 

5 (d) CONDITIONS.— 

6 (1) IN GENERAL.—The Secretary shall not com7 mence construction of the facilities authorized under 

8 subsection (b) until such time as— 

9 (A) the Secretary executes the Agreement 

10 and the Contract; 

11 (B) the contracts authorized under section 

12 304 are executed; 

13 (C) the Secretary— 

14 (i) completes an environmental impact 

15 statement for the Project; and 

16 (ii) has issued a record of decision 

17 that provides for a preferred alternative; 

18 and 

19 (D) the State of New Mexico has made ar20 rangements with the Secretary to contribute 

21 $25,000,000 toward the construction costs of 

22 the Project. 

23 (2) COST SHARING.—State contributions re24 quired under paragraph (1)(D) shall be in addition 

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1 utes for the planning and construction of regional 

2 facilities to distribute Project water to the City and 

3 surrounding Nation communities before the date on 

4 which the City executes a repayment contract under 

5 section 304(b). 

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

7 the Project shall not be subject to the Indian Self8 Determination and Education Assistance Act (25 

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

10 (e) CONVEYANCE OF PROJECT FACILITIES.— 

11 (1) IN GENERAL.—The Secretary may enter 

12 into separate agreements with the City and the Na13 tion to convey each Project facility authorized under 

14 subsection (b) to the City and the Nation after— 

15 (A) completion of construction of the 

16 Project; and 

17 (B) execution of a Project operations 

18 agreement approved by the Secretary and the 

19 Project Participants that sets forth— 

20 (i) any terms and conditions that the 

21 Secretary determines are necessary— 

22 (I) to ensure the continuation of 

23 the intended benefits of the Project; 

24 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 GALLUPOR

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 (f) COLORADO RIVER STORAGE PROJECT POWER.— 

14 The conveyance of Project facilities under subsection (e) 

15 shall not affect the availability of Colorado River Storage 

16 Project power to the Project under section 7 of the Act 

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

18 River Storage Project Act’’) (43 U.S.C. 620f). 

19 (g) REGIONAL USE OF PROJECT FACILITIES.— 

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

21 Project facilities constructed under subsection (b) 

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

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

24 if— 


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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 

8 to the beneficiary for the use of the Project 

9 facilities; and 

10 (iii) agrees to pay a fee established by 

11 the Secretary to assist in the recovery of 

12 any capital cost relating to that use. 

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

14 the United States or the Nation for the use of un15 used capacity under this subsection or for water 

16 under any subcontract with the Nation or the 

17 Jicarilla Apache Nation shall not alter the construc18 tion repayment requirements or the operation, main19 tenance, and replacement payment requirements of 

20 the Project Participants. 

21 SEC. 303. DELIVERY AND USE OF NORTHWESTERN NEW 

22 MEXICO RURAL WATER SUPPLY PROJECT 

23 WATER. 

24 (a) USE OF PROJECT WATER.— 


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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 subpara7 graph (B), the Nation may use Project water 

8 allocations on— 

9 (i) land held by the United States in 

10 trust for the Nation and members of the 

11 Nation; 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 

16 applicable law. 

17 (3) HYDROELECTRIC POWER.—Hydroelectric 

18 power may be generated as an incident to the deliv19 ery of Project water under paragraph (1). 

20 (4) STORAGE.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), any water contracted for delivery 

23 under paragraph (1) that is not needed for cur24 rent water demands or uses may be delivered by 

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1 age in the State of New Mexico for future re2 covery and use. 

3 (B) STATE APPROVAL.—Delivery of water 

4 under subparagraph (A) is subject to— 

5 (i) approval by the State of New Mex6 ico under applicable provisions of State law 

7 relating to aquifer storage and recovery; 

8 and 

9 (ii) the provisions of the Agreement 

10 and this Act. 

11 (b) PROJECT WATER AND CAPACITY ALLOCA12 TIONS.— 

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

14 the Navajo Reservoir and the San Juan River a 

15 quantity of water that does not exceed the lesser 

16 of— 

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

18 (B) the quantity of water necessary to sup19 ply a depletion from the San Juan River of 

20 35,890 acre-feet. 

21 (2) ALLOCATION.— 

22 (A) IN GENERAL.—Water diverted under 

23 paragraph (1) shall be allocated to the Project 

24 Participants in accordance with subparagraphs 


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

2 and other applicable law. 

3 (B) ALLOCATION TO THE CITY OF GAL4 LUP.—The Project shall deliver at the point of 

5 diversion from the San Juan River not more 

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

7 City. 

8 (C) ALLOCATION TO NAVAJO NATION COM9 MUNITIES IN NEW MEXICO.—For use by the 

10 Nation in the State of New Mexico, the Project 

11 shall deliver at the points of diversion from the 

12 San Juan River or at Navajo Reservoir the less13 er of— 

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

15 (ii) the quantity of water necessary to 

16 supply a depletion from the San Juan 

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

18 (D) ALLOCATION TO NAVAJO NATION COM19 MUNITIES IN ARIZONA.—In accordance with 

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

21 point of diversion from the San Juan River not 

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

23 the Nation in the State of Arizona. 

24 (E) ALLOCATION TO JICARILLA APACHE

25 NATION.—The Project shall deliver at Navajo 


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

2 water for use by the Jicarilla Apache Nation in 

3 the southern portion of the Jicarilla Apache 

4 Nation Reservation in the State of New Mexico. 

5 (3) USE IN EXCESS OF ALLOCATION QUAN6 TITY.—Notwithstanding each allocation quantity 

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

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

9 Project Participant to exceed the allocation quantity 

10 limit of that Project Participant if— 

11 (A) capacity is available without impairing 

12 any water delivery to any other Project Partici13 pant; and 

14 (B) the Project Participant benefitting 

15 from the increased allocation quantity— 

16 (i) has the right to use the additional 

17 water; 

18 (ii) agrees to pay the operation, main19 tenance, and replacement costs relating to 

20 the additional use any Project facility; and 

21 (iii) agrees to pay a fee established by 

22 the Secretary to assist in recovering capital 

23 costs relating to that additional use. 


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

2 the Project allocated by subsection (b) shall be water origi3 nating in— 

4 (1) drainage of the San Juan River above Nav5 ajo Dam, to be supplied under New Mexico State 

6 Engineer File No. 2849; and 

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

8 Navajo Dam, to be supplied under New Mexico 

9 State Engineer File No. 3215. 

10 (d) CONDITIONS FOR USE IN ARIZONA.— 

11 (1) REQUIREMENTS.—Project water shall not 

12 be delivered for use by any community of the Nation 

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

14 until the date on which— 

15 (A) the Secretary determines by hydrologic 

16 investigation that sufficient water is reasonably 

17 likely to be available to supply uses from water 

18 of the Colorado River system allocated to the 

19 State of Arizona; 

20 (B) the Secretary submits to Congress the 

21 determination described in subparagraph (A); 

22 (C) the Secretary determines that the uses 

23 in the State of Arizona are within the appor24 tionment of the water of the Colorado River 


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1 made to the State of Arizona through compact, 

2 statute, or court decree; 

3 (D) Congress has approved a Navajo Res4 ervoir supply contract between the Nation and 

5 the United States to provide for the delivery of 

6 Project water for the uses in Arizona; 

7 (E) the Navajo Nation and the State of 

8 Arizona have entered into an agreement pro9 viding for delivery of water of the Project for 

10 uses in Arizona; and 

11 (F) any other determination is made as 

12 may be required by the Compact. 

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

14 depletion of water from the San Juan River stream 

15 system in the State of New Mexico that results from 

16 the diversion of water by the Project for uses within 

17 the State of Arizona (including depletion incidental 

18 to the diversion, impounding, or conveyance of water 

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

20 Arizona)— 

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

22 Colorado River System apportionments to the 

23 State of Arizona; and 

24 (B) shall not increase the total quantity of 

25 water to which the State of Arizona is entitled 


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1 to use under any compact, statute, or court de2 cree. 

3 (e) FORBEARANCE.— 

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

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

6 normal diversion requirement for any use relating to 

7 the Project within the State of Arizona occurs (as 

8 determined under section 11 of Public Law 87–483 

9 (76 Stat. 99)), the Nation may temporarily forbear 

10 the delivery of the water supply of the Navajo Res11 ervoir for uses in the State of New Mexico under the 

12 apportionments of water to the Navajo Indian Irri13 gation Project and the normal diversion require14 ments of the Project to allow an equivalent quantity 

15 of water to be delivered from the Navajo Reservoir 

16 water supply for municipal and domestic uses of the 

17 Nation in the State of Arizona under the Project. 

18 (2) LIMITATION OF FORBEARANCE.—The Na19 tion may forebear the delivery of water under para20 graph (1) of a quantity not exceeding the quantity 

21 of the shortage to the normal diversion requirement 

22 for any use relating to the Project within the State 

23 of Arizona. 

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

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


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1 requirements relating to accounting and water quan2 tity described in subsection (d)(2). 

3 (f) EFFECT.—Nothing in this Act— 

4 (1) authorizes the marketing, leasing, or trans5 fer of the water supplies made available to the Na6 tion under the Contract to non-Navajo water users 

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

8 (2) authorizes the forbearance of water uses in 

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

10 other States other than as authorized under sub11 section (e). 

12 (g) CONSISTENCY WITH UPPER COLORADO RIVER

13 BASIN COMPACT.—Notwithstanding any other provision 

14 of law, in accordance with the Resolution, water diverted 

15 by the Project for use in the Lower Colorado River Basin 

16 in the State of New Mexico shall be a part of the consump17 tive use apportionment made to the State of New Mexico 

18 by Article III(a) of the Compact. 

19 SEC. 304. PROJECT CONTRACTS. 

20 (a) NAVAJO NATION CONTRACT.— 

21 (1) HYDROLOGIC DETERMINATION.—Congress 

22 recognizes that the Hydrologic Determination satis23 factory to support approval of the Contract has been 

24 completed. 

25 (2) CONTRACT APPROVAL.— 


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1 (A) APPROVAL.— 

2 (i) IN GENERAL.—Except to the ex3 tent that any provision of the Contract 

4 conflicts with this Act, Congress approves, 

5 ratifies, and incorporates by reference the 

6 Contract. 

7 (ii) AMENDMENTS.—To the extent 

8 any amendment is executed to make the 

9 Contract consistent with this Act, that 

10 amendment is authorized, ratified, and 

11 confirmed. 

12 (B) EXECUTION OF CONTRACT.—The Sec13 retary, acting on behalf of the United States, 

14 shall enter into the Contract to the extent that 

15 the Contract does not conflict with this Act (in16 cluding any amendment that is required to 

17 make the Contract consistent with this Act). 

18 (3) NO REPAYMENT OBLIGATION.—The Nation 

19 is not obligated to repay— 

20 (A) any share of the construction costs of 

21 the Nation relating to the Project authorized by 

22 section 302(a); or 

23 (B) any costs relating to the construction 

24 of the Navajo Indian Irrigation Project that 

25 may otherwise be allocable to the Nation for 


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1 use of any facility of the Navajo Indian Irriga2 tion Project to convey water to each Navajo 

3 community under the Project. 

4 (4) OPERATION, MAINTENANCE, AND REPLACE5 MENT OBLIGATION.—Subject to subsection (f), the 

6 Nation shall pay any costs relating to the operation, 

7 maintenance, and replacement of each facility of the 

8 Project that are allocable to the Nation. 

9 (5) LIMITATION, CANCELLATION, TERMINATION, 

10 AND RESCISSION.—The Contract may be limited by 

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

12 only by an Act of Congress. 

13 (b) CITY OF GALLUP CONTRACT.— 

14 (1) CONTRACT AUTHORIZATION.—To the extent 

15 consistent with this Act, the Secretary may enter 

16 into a repayment contract with the City that re17 quires the City— 

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

19 share of any construction cost of the City relat20 ing to the Project; and 

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

22 replacement costs of the Project that are allo23 cable to the City. 

24 (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(e), 

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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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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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 may enter 

17 into a repayment contract with the Jicarilla Apache 

18 Nation that requires the Jicarilla Apache Nation— 

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

20 share of any construction cost of the Jicarilla 

21 Apache Nation relating to the Project; and 

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

23 replacement costs of the Project that are allo24 cable to the Jicarilla Apache Nation. 

25 (2) SHARE OF CONSTRUCTION COSTS.— 


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•S 4108 IS

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

3 share of the Jicarilla Apache Nation of the con4 struction costs of the Project, based on the abil5 ity of the Jicarilla Apache Nation to pay the 

6 construction costs of the Project facilities that 

7 are allocable to the Jicarilla Apache Nation. 

8 (B) MINIMUM PERCENTAGE.—The share 

9 of the Jicarilla Apache Nation under subpara10 graph (A) shall be at least 25 percent of the 

11 construction costs of the Project that are allo12 cable to the Jicarilla Apache Nation. 

13 (3) EXCESS CONSTRUCTION COSTS.—Any con14 struction costs of the Project allocable to providing 

15 capacity to deliver water to the Jicarilla Apache Na16 tion that are in excess of the share of the Jicarilla 

17 Apache Nation of the construction costs of the 

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

19 nonreimbursable. 

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

21 Federal source shall not be credited toward the 

22 share of the Jicarilla Apache Nation of construction 

23 costs. 

24 (5) NAVAJO INDIAN IRRIGATION PROJECT

25 COSTS.—The Jicarilla Apache Nation shall have no 


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•S 4108 IS

1 obligation to repay any Navajo Indian Irrigation 

2 Project construction costs that might otherwise be 

3 allocable to the Jicarilla Apache Nation for use of 

4 the Navajo Indian Irrigation Project facilities to 

5 convey water to the Jicarilla Apache Nation. 

6 (6) OPERATION, MAINTENANCE AND REPLACE7 MENT OBLIGATION.—The Jicarilla Apache Nation 

8 shall pay the operation, maintenance, and replace9 ment costs relating to each facility of the Project 

10 that are allocable to the Jicarilla Apache Nation. 

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

12 determining the capital repayment requirements of the 

13 Project Participants under this section, the Secretary shall 

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

15 the Bureau of Reclamation in the Draft Impact Statement 

16 allocating capital construction costs for the Project. 

17 (e) OPERATION, MAINTENANCE, AND REPLACEMENT

18 COST ALLOCATIONS.—For purposes of determining the 

19 operation, maintenance, and replacement obligations of 

20 the Project Participants under this section, the Secretary 

21 shall review and, as appropriate, update the report pre22 pared by the Bureau of Reclamation in the Draft Impact 

23 Statement that allocates operation, maintenance, and re24 placement costs for the Project. 

25 (f) TEMPORARY WAIVERS OF PAYMENTS.— 


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

2 Project is substantially complete and the Nation re3 ceives a delivery of water generated by the Project, 

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

5 than 10 years, the operation, maintenance, and re6 placement costs of the Project allocable to the Na7 tion that the Secretary determines are in excess of 

8 the ability of the Nation to pay. 

9 (2) PAYMENT BY UNITED STATES.—Any oper10 ation, maintenance, or replacement costs waived by 

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

12 the United States. 

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

14 Secretary to waive costs under paragraph (1) be15 cause of a lack of availability of Federal funding to 

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

17 obligations of the Nation or the United States under 

18 a repayment contract. 

19 (4) TERMINATION OF AUTHORITY.—The au20 thority of the Secretary to waive costs under para21 graph (1) with respect to a Project facility trans22 ferred to the Nation under section 302(e) shall ter23 minate on the date on which the Project facility is 

24 transferred. 


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•S 4108 IS

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

2 In addition to use of the Navajo Nation Municipal 

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

4 the Nation, the Nation may use the Navajo Nation Munic5 ipal Pipeline to convey water for other purposes (including 

6 purposes relating to the Project). 

7 SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

8 (a) CONJUNCTIVE GROUNDWATER DEVELOPMENT

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

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

11 shall complete a conjunctive groundwater development 

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

13 (b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac14 cordance with the conjunctive groundwater development 

15 plan, the Secretary may construct or rehabilitate wells and 

16 related pipeline facilities to provide capacity for the diver17 sion and distribution of not more than 1,670 acre-feet of 

18 groundwater in the San Juan River Basin in the State 

19 of New Mexico for municipal and domestic uses. 

20 (c) WELLS IN THE LITTLE COLORADO AND RIO

21 GRANDE BASINS.— 

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

23 Project and conjunctive groundwater development 

24 plan for the Nation, the Secretary may construct or 

25 rehabilitate wells and related pipeline facilities to 


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•S 4108 IS

1 provide capacity for the diversion and distribution 

2 of— 

3 (A) not more than 680 acre-feet of ground4 water in the Little Colorado River Basin in the 

5 State of New Mexico; 

6 (B) not more than 80 acre-feet of ground7 water in the Rio Grande Basin in the State of 

8 New Mexico; and 

9 (C) not more than 770 acre-feet of ground10 water in the Little Colorado River Basin in the 

11 State of Arizona. 

12 (2) USE.—Groundwater diverted and distrib13 uted under paragraph (1) shall be used for munic14 ipal and domestic uses. 

15 (d) ACQUISITION OF LAND.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary may acquire any land or in18 terest in land that is necessary for the construction, 

19 operation, and maintenance of the wells and related 

20 pipeline facilities authorized under subsections (b) 

21 and (c). 

22 (2) LIMITATION.—Nothing in this subsection 

23 authorizes the Secretary to condemn water rights for 

24 the purposes described in paragraph (1). 


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

2 any construction activity relating to the wells described in 

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

4 Agreement. 

5 (f) CONVEYANCE OF WELLS.— 

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

7 into an agreement with the Nation to convey to the 

8 Nation— 

9 (A) any well or related pipeline facility 

10 constructed or rehabilitated under subsections 

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

12 have been completed; and 

13 (B) any land or interest in land acquired 

14 by the United States for the construction, oper15 ation, and maintenance of the well or related 

16 pipeline facility. 

17 (2) OPERATION, MAINTENANCE, AND REPLACE18 MENT.—On completion of a conveyance under para19 graph (1), the Nation shall assume responsibility for 

20 the operation, maintenance, and replacement of the 

21 well or related pipeline facility conveyed. 

22 (3) EFFECT OF CONVEYANCE.—The conveyance 

23 to the Nation of the conjunctive use wells under 

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


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•S 4108 IS

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

2 seq.). 

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

4 the treatment facilities, main pipelines, and lateral pipe5 lines of the Project authorized by section 302(b) may be 

6 used to treat and convey groundwater to Nation commu7 nities if the Nation provides for payment of the operation, 

8 maintenance, and replacement costs associated with the 

9 use of the facilities or pipelines. 

10 (h) LIMITATIONS.—The diversion and use of ground11 water by wells constructed or rehabilitated under this sec12 tion shall be made in a manner consistent with applicable 

13 Federal and State law. 

14 SEC. 307. SAN JUAN RIVER IRRIGATION PROJECTS. 

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

16 Secretary shall rehabilitate— 

17 (1) the Fruitland-Cambridge Irrigation Project 

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

19 shall be considered to be the total serviceable area 

20 of the Project; and 

21 (2) the Hogback-Cudei Irrigation Project to 

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

23 be considered to be the total serviceable area of the 

24 Project. 


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

2 any construction activity relating to the rehabilitation of 

3 the Fruitland-Cambridge Irrigation Project or the Hog4 back-Cudei Irrigation Project under subsection (a) until 

5 the Secretary executes the Agreement. 

6 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

7 OBLIGATION.—Upon the date of completion of the reha8 bilitation, the Nation shall assume the obligations for the 

9 operation, maintenance, and replacement of each facility 

10 rehabilitated under this section. 

11 SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS FOR

13 NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY

14 PROJECT.— 

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

16 appropriated to the Secretary to construct the 

17 Project such sums as are necessary for the period of 

18 fiscal years 2008 through 2022. 

19 (2) ADJUSTMENTS.—The amount under para20 graph (1) shall be adjusted by such amounts as may 

21 be required by reason of changes since 2005 in con22 struction costs, as indicated by engineering cost indi23 ces applicable to the types of construction involved. 

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

25 under paragraph (1), amounts made available under 


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1 that paragraph may be used for the conduct of re2 lated activities to comply with Federal environmental 

3 laws. 

4 (b) APPROPRIATIONS FOR CONJUNCTIVE USE

5 WELLS.— 

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

7 be appropriated to the Secretary for the construction 

8 or rehabilitation of conjunctive use wells under sec9 tion 306(b) $30,000,000, as adjusted under para10 graph (3), for the period of fiscal years 2008 

11 through 2018. 

12 (2) WELLS IN THE LITTLE COLORADO AND RIO

13 GRANDE BASINS.—There is authorized to be appro14 priated to the Secretary for the construction or reha15 bilitation of conjunctive use wells under section 

16 306(c) such sums as are necessary for the period of 

17 fiscal years 2008 through 2024. 

18 (3) ADJUSTMENTS.—The amount under para19 graph (1) shall be adjusted by such amounts as may 

20 be required by reason of changes since 2004 in con21 struction costs, as indicated by engineering cost indi22 ces applicable to the types of construction or reha23 bilitation involved. 


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1 (4) NONREIMBURSABLE EXPENDITURES.— 

2 Amounts made available under paragraphs (1) and 

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

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

5 under paragraphs (1) and (2), amounts made avail6 able under that paragraph may be used for the con7 duct of related activities to comply with Federal en8 vironmental laws. 

9 (c) SAN JUAN RIVER IRRIGATION PROJECTS.— 

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

11 appropriated to the Secretary— 

12 (A) to carry out subsection 307(a)(1), not 

13 more than $7,700,000, as adjusted under para14 graph (2), for the period of fiscal years 2008 

15 through 2014; and 

16 (B) to carry out subsection 307(a)(2), not 

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

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

19 2008 through 2017. 

20 (2) ADJUSTMENT.—The amounts made avail21 able under paragraph (1) shall be adjusted by such 

22 amounts as may be required by reason of changes 

23 since January 1, 2004, in construction costs, as in24 dicated by engineering cost indices applicable to the 

25 types of construction involved in the rehabilitation. 


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•S 4108 IS

1 (3) NONREIMBURSABLE EXPENDITURES.— 

2 Amounts made available under this subsection shall 

3 be nonreimbursable to the United States. 

4 (d) CULTURAL RESOURCES.— 

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

6 more than 4 percent of amounts made available 

7 under subsections (a) and (b) for the survey, recov8 ery, protection, preservation, and display of archae9 ological resources in the area of a Project facility or 

10 conjunctive use well. 

11 (2) NONREIMBURSABLE EXPENDITURES.—Any 

12 amounts made available under paragraph (1) shall 

13 be nonreimbursable and nonreturnable to the United 

14 States. 

15 (e) FISH AND WILDLIFE FACILITIES.— 

16 (1) IN GENERAL.—In association with the de17 velopment of the Project, the Secretary may use not 

18 more than 4 percent of amounts made available 

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

20 construct and maintain facilities to mitigate the loss 

21 of, and improve conditions for the propagation of, 

22 fish and wildlife if any such purchase, construction, 

23 or maintenance will not affect the operation of any 

24 water project or use of water. 


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•S 4108 IS

1 (2) NONREIMBURSABLE EXPENDITURES.—Any 

2 amounts expended under paragraph (1) shall be 

3 nonreimbursable and nonreturnable to the United 

4 States. 

5 TITLE IV—NAVAJO NATION 

6 WATER RIGHTS 

7 SEC. 401. AGREEMENT. 

8 (a) AGREEMENT APPROVAL.— 

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

10 extent that any provision of the Agreement conflicts 

11 with this Act, Congress approves, ratifies, and incor12 porates by reference the Agreement (including any 

13 amendments to the Agreement that are executed to 

14 make the Agreement consistent with this Act). 

15 (2) EXECUTION BY SECRETARY.—The Sec16 retary, acting on behalf of the United States, shall 

17 enter into the Agreement to the extent that the 

18 Agreement does not conflict with this Act, includ19 ing— 

20 (A) any exhibits to the Agreement requir21 ing the signature of the Secretary; and 

22 (B) any amendments to the Agreement 

23 necessary to make the Agreement consistent 

24 with this Act. 


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1 (3) AUTHORITY OF SECRETARY.—The Sec2 retary may carry out any action that the Secretary 

3 determines is necessary or appropriate to implement 

4 the Agreement, the Contract, and this section. 

5 (4) ADMINISTRATION OF NAVAJO RESERVOIR

6 RELEASES.—The State of New Mexico may admin7 ister releases of stored water from Navajo Reservoir 

8 in accordance with subparagraph 9.1 of the Agree9 ment. 

10 (b) WATER AVAILABLE UNDER CONTRACT.— 

11 (1) QUANTITIES OF WATER AVAILABLE.— 

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

13 available annually under the Contract for 

14 projects in the State of New Mexico supplied 

15 from the Navajo Reservoir and the San Juan 

16 River (including tributaries of the River) under 

17 New Mexico State Engineer File Numbers 

18 2849, 2883, and 3215 in the quantities de19 scribed in subparagraph (B). 

20 (B) WATER QUANTITIES.—The quantities 

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

22 follows: 


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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 

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 sup5 ply 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 

10 the Agreement, this Act, and any other applica11 ble law. 

12 (2) AMENDMENTS TO CONTRACT.—The Sec13 retary, with the consent of the Nation, may amend 

14 the Contract if the Secretary determines that the 

15 amendment 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 

19 subcontractor of the Nation. 


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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 

11 terms, conditions, and limitations of the 

12 Agreement, the Resolution, and any other 

13 applicable law; and 

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

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

16 depletion under this Act (except for a point of 

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

18 depletion for use in the State of Arizona under 

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

20 place, or depletion in the State of New Mexico 

21 to meet a water resource or economic need of 

22 the Nation if— 

23 (i) the change or transfer is subject to 

24 and consistent with the terms of the 

25 Agreement, the Partial Final Decree deVerDate Aug 31 2005 21:56 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S4108.IS S4108

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•S 4108 IS

1 scribed in paragraph 3.0 of the Agreement, 

2 the Contract, and any other applicable law; 

3 and 

4 (ii) a change or transfer of water use 

5 by the Nation does not alter any obligation 

6 of the United States, the Nation, or an7 other party to pay or repay project con8 struction, operation, maintenance, or re9 placement costs under this Act and the 

10 Contract. 

11 (c) SUBCONTRACTS.— 

12 (1) IN GENERAL.— 

13 (A) SUBCONTRACTS BETWEEN NATION

14 AND THIRD PARTIES.—The Nation may enter 

15 into subcontracts for the delivery of Project 

16 water under the Contract to third parties for 

17 any beneficial use in the State of New Mexico 

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

19 trust for the Nation or a member of the Nation 

20 or land held in fee by the Nation). 

21 (B) APPROVAL REQUIRED.—A subcontract 

22 entered into under subparagraph (A) shall not 

23 be effective until approved by the Secretary in 

24 accordance with this subsection and the Con25 tract. 


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1 (C) SUBMITTAL.—The Nation shall submit 

2 to the Secretary for approval or disapproval any 

3 subcontract entered into under this subsection. 

4 (D) DEADLINE.—The Secretary shall ap5 prove or disapprove a subcontract submitted to 

6 the Secretary under subparagraph (C) not later 

7 than the later of— 

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

9 date on which the subcontract is submitted 

10 to the Secretary; and 

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

12 date on which a subcontractor complies 

13 with— 

14 (I) section 102(2)(C) of the Na15 tional Environmental Policy Act of 

16 1969 (42 U.S.C. 4332(2)(C)); and 

17 (II) any other requirement of 

18 Federal law. 

19 (E) ENFORCEMENT.—A party to a sub20 contract may enforce the deadline described in 

21 subparagraph (D) under section 1361 of title 

22 28, United States Code. 

23 (F) COMPLIANCE WITH OTHER LAW.—A 

24 subcontract described in subparagraph (A) shall 

25 comply with the Agreement, the Partial Final 


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•S 4108 IS

1 Decree described in paragraph 3.0 of the Agree2 ment, and any other applicable law. 

3 (2) ALIENATION.— 

4 (A) PERMANENT ALIENATION.—The Na5 tion shall not permanently alienate any right 

6 granted to the Nation under the Contract. 

7 (B) MAXIMUM TERM.—The term of any 

8 water use subcontract (including a renewal) 

9 under this subsection shall be not more than 99 

10 years. 

11 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

12 subsection— 

13 (A) provides congressional authorization 

14 for the subcontracting rights of the Nation; and 

15 (B) is deemed to fulfill any requirement 

16 that may be imposed by section 2116 of the Re17 vised Statutes (25 U.S.C. 177). 

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

19 supply secured by a subcontractor of the Nation 

20 under this subsection shall not result in forfeiture, 

21 abandonment, relinquishment, or other loss of any 

22 part of a right decreed to the Nation under the Con23 tract or this section. 

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

25 the revenue from a water use subcontract under this 


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•S 4108 IS

1 subsection shall be distributed to any member of the 

2 Nation on a per capita basis. 

3 (d) WATER LEASES NOT REQUIRING SUB4 CONTRACTS.— 

5 (1) AUTHORITY OF NATION.— 

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

7 contract, or otherwise transfer to another party 

8 or to another purpose or place of use in the 

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

10 by the United States in trust for the Nation or 

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

12 Nation) a water right that— 

13 (i) is decreed to the Nation under the 

14 Agreement; and 

15 (ii) is not subject to the Contract. 

16 (B) COMPLIANCE WITH OTHER LAW.—In 

17 carrying out an action under this subsection, 

18 the Nation shall comply with the Agreement, 

19 the Partial Final Decree described in paragraph 

20 3.0 of the Agreement, the Supplemental Partial 

21 Final Decree described in paragraph 4.0 of the 

22 Agreement, and any other applicable law. 

23 (2) ALIENATION; MAXIMUM TERM.— 


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•S 4108 IS

1 (A) ALIENATION.—The Nation shall not 

2 permanently alienate any right granted to the 

3 Nation under the Agreement. 

4 (B) MAXIMUM TERM.—The term of any 

5 water use lease, contract, or other arrangement 

6 (including a renewal) under this subsection 

7 shall be not more than 99 years. 

8 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

9 subsection— 

10 (A) provides congressional authorization 

11 for the lease, contracting, and transfer of any 

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

13 (B) is deemed to fulfill any requirement 

14 that may be imposed by the provisions of sec15 tion 2116 of the Revised Statutes (25 U.S.C. 

16 177). 

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

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

19 under this subsection shall not result in forfeiture, 

20 abandonment, relinquishment, or other loss of any 

21 part of a right decreed to the Nation under the Con22 tract or this section. 

23 (e) HYDROGRAPHIC SURVEY.— 

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

25 the United States, shall prepare a hydrographic surVerDate Aug 31 2005 21:56 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S4108.IS S4108

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•S 4108 IS

1 vey under the joint supervision of the Secretary and 

2 the State of New Mexico (acting through the New 

3 Mexico State Engineer) to identify and quantify any 

4 historic or existing diversion or use of water (includ5 ing from surface water and underground water 

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

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

8 Mexico, as described in subparagraph 4.2 of the 

9 Agreement. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), there is authorized to be appro13 priated to the Bureau of Indian Affairs to carry 

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

15 fiscal years 2008 through 2013. 

16 (B) ADJUSTMENT.—The amounts made 

17 available under subparagraph (A) shall be ad18 justed by such amounts as are necessary to ac19 count for increases in the costs of preparing a 

20 hydrographic survey after January 1, 2004, as 

21 determined using cost indices applicable to the 

22 types of technical and engineering work in23 volved in preparing the hydrographic survey. 

24 (C) NONREIMBURSABLE EXPENDI25 TURES.—Any amounts made available under 


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•S 4108 IS

1 this paragraph shall be nonreimbursable to the 

2 United States. 

3 (f) NULLIFICATION.— 

4 (1) DEADLINES.— 

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

6 section, the following deadlines apply with re7 spect to implementation of the Agreement: 

8 (i) AGREEMENT.—Not later than De9 cember 31, 2008, the Secretary shall exe10 cute the Agreement. 

11 (ii) CONTRACT.—Not later than De12 cember 31, 2009, the Secretary and the 

13 Nation shall execute the Contract. 

14 (iii) PARTIAL FINAL DECREE.—Not 

15 later than December 31, 2012, the court in 

16 the stream adjudication shall have entered 

17 the Partial Final Decree described in para18 graph 3.0 of the Agreement. 

19 (iv) HYDROGRAPHIC SURVEY.—Not 

20 later than December 31, 2013, the Sec21 retary shall complete the hydrographic sur22 vey described in subsection (e). 

23 (v) FRUITLAND-CAMBRIDGE IRRIGA24 TION PROJECT.—Not later than December 

25 31, 2014, the rehabilitation construction of 


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•S 4108 IS

1 the Fruitland-Cambridge Irrigation Project 

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

3 completed. 

4 (vi) SUPPLEMENTAL PARTIAL FINAL

5 DECREE.—Not later than December 31, 

6 2015, the court in the stream adjudication 

7 shall enter the Supplemental Partial Final 

8 Decree described in subparagraph 4.0 of 

9 the Agreement. 

10 (vii) HOGBACK-CUDEI IRRIGATION

11 PROJECT.—Not later than December 31, 

12 2017, the rehabilitation construction of the 

13 Hogback-Cudei Irrigation Project author14 ized under section 307(a)(2) shall be com15 pleted. 

16 (viii) TRUST FUND.—Not later than 

17 December 31, 2018, the United States 

18 shall make all deposits into the Trust 

19 Fund under section 402. 

20 (ix) NORTHWESTERN NEW MEXICO

21 RURAL WATER SUPPLY PROJECT.—Not 

22 later than December 31, 2022, the con23 struction of all Project facilities shall be 

24 completed. 


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•S 4108 IS

1 (x) CONJUNCTIVE WELLS.—Not later 

2 than December 31, 2018, the funds au3 thorized to be appropriated under section 

4 308(b)(1) for the conjunctive use wells au5 thorized under section 306(b) should be 

6 appropriated. 

7 (B) EXTENSION.—A deadline described in 

8 subparagraph (A) may be extended if the Na9 tion, the United States (acting through the Sec10 retary), and the State of New Mexico (acting 

11 through the New Mexico Interstate Stream 

12 Commission) agree that an extension is reason13 ably necessary. 

14 (2) REVOCABILITY OF AGREEMENT, CONTRACT

15 AND AUTHORIZATIONS.— 

16 (A) PETITION.—If the Nation determines 

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

18 not substantially met, the Nation may submit 

19 to the court in the stream adjudication a peti20 tion to enter an order terminating the Agree21 ment and Contract. 

22 (B) TERMINATION.—On issuance of an 

23 order to terminate the Agreement and Contract 

24 under subparagraph (A)— 


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•S 4108 IS

1 (i) the Trust Fund shall be termi2 nated; 

3 (ii) the balance of the Trust Fund 

4 shall be deposited in the general fund of 

5 the Treasury; 

6 (iii) the authorizations for construc7 tion and rehabilitation of water projects 

8 under this Act shall be revoked and any 

9 Federal activity related to that construc10 tion and rehabilitation shall be suspended; 

11 and 

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

13 be null and void. 

14 (3) CONDITIONS NOT CAUSING NULLIFICATION

15 OF SETTLEMENT.— 

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

17 in subparagraph (B) occurs, the Agreement and 

18 Contract shall not be nullified or terminated. 

19 (B) CONDITIONS.—The conditions referred 

20 to in subparagraph (A) are as follows: 

21 (i) A lack of right to divert at the ca22 pacities of conjunctive use wells con23 structed or rehabilitated under section 

24 306. 

25 (ii) A failure— 


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•S 4108 IS

1 (I) to determine or resolve an ac2 counting of the use of water under 

3 this Act in the State of Arizona; 

4 (II) to obtain a necessary water 

5 right for the consumptive use of water 

6 in Arizona; 

7 (III) to contract for the delivery 

8 of water for use in Arizona; or 

9 (IV) to construct and operate a 

10 lateral facility to deliver water to a 

11 community of the Nation in Arizona, 

12 under the Project. 

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

14 under the Contract, a water right adjudicated con15 sistent with the Contract in the stream adjudication 

16 by the Partial Final Decree described in paragraph 

17 3.0 of the Agreement, and any other tribal water 

18 right stipulated, adjudicated, or decreed as described 

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

20 by the United States in perpetuity for the benefit of 

21 the Nation. 

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

23 (1) IN GENERAL.—Except as provided in para24 graph (2), nothing in the Agreement, the Contract, 

25 or this section quantifies or adversely affects the 


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•S 4108 IS

1 land and water rights, or claims or entitlements to 

2 water, of any Indian tribe or community other than 

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

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

5 of New Mexico. 

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

7 use water under water rights the Nation has in 

8 other river basins in the State of New Mexico shall 

9 be forborne to the extent that the Nation supplies 

10 the uses for which the water rights exist by diver11 sions of water from the San Juan River Basin under 

12 the Project consistent with subparagraph 9.13 of the 

13 Agreement. 

14 SEC. 402. TRUST FUND. 

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

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

17 Water Resources Development Trust Fund’’, consisting 

18 of— 

19 (1) such amounts as are appropriated to the 

20 Trust Fund under subsection (f); and 

21 (2) any interest earned on investment of 

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

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

24 in the Trust Fund— 


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•S 4108 IS

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

2 or replace water project facilities, including facilities 

3 conveyed to the Nation under this Act; and 

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

5 water conservation measure (including a metering or 

6 monitoring activity) necessary for the Nation to 

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

8 Agreement. 

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

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

11 amounts available from the Trust Fund for distribution 

12 to the Nation in accordance with the American Indian 

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

14 4001 et seq.). 

15 (d) INVESTMENT OF THE TRUST FUND.—The Sec16 retary shall invest amounts in the Trust Fund in accord17 ance with— 

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

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

20 1938 (25 U.S.C. 162a); and 

21 (3) the American Indian Trust Fund Manage22 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

23 (e) CONDITIONS FOR EXPENDITURES AND WITH24 DRAWALS.— 

25 (1) TRIBAL MANAGEMENT PLAN.— 


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•S 4108 IS

1 (A) IN GENERAL.—Subject to paragraph 

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

3 management plan in accordance with the Amer4 ican Indian Trust Fund Management Reform 

5 Act of 1994 (25 U.S.C. 4001 et seq.), the Na6 tion may withdraw all or a portion of the 

7 amounts in the Trust Fund. 

8 (B) REQUIREMENTS.—In addition to any 

9 requirements under the American Indian Trust 

10 Fund Management Reform Act of 1994 (25 

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

12 plan shall require that the Nation only use 

13 amounts in the Trust Fund for the purposes 

14 described in subsection (b). 

15 (2) ENFORCEMENT.—The Secretary may take 

16 judicial or administrative action to enforce the provi17 sions of any tribal management plan to ensure that 

18 any amounts withdrawn from the Trust Fund are 

19 used in accordance with this Act. 

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

21 the Secretary of the Treasury shall be liable for the 

22 expenditure or investment of any amounts with23 drawn from the Trust Fund by the Nation. 

24 (4) EXPENDITURE PLAN.— 


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•S 4108 IS

1 (A) IN GENERAL.—The Nation shall sub2 mit to the Secretary for approval an expendi3 ture plan for any portion of the amounts in the 

4 Trust Fund made available under this section 

5 that the Nation does not withdraw under this 

6 subsection. 

7 (B) DESCRIPTION.—The expenditure plan 

8 shall describe the manner in which, and the 

9 purposes for which, funds of the Nation remain10 ing in the Trust Fund will be used. 

11 (C) APPROVAL.—On receipt of an expendi12 ture plan under subparagraph (A), the Sec13 retary shall approve the plan if the Secretary 

14 determines that the plan is reasonable and con15 sistent with this Act. 

16 (5) ANNUAL REPORT.—The Nation shall sub17 mit to the Secretary an annual report that describes 

18 any expenditures from the Trust Fund during the 

19 year covered by the report. 

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

21 the Trust Fund shall be distributed to any Nation 

22 member on a per capita basis. 

23 (7) CONDITIONS.—Any amount authorized to 

24 be appropriated to the Trust Fund under subsection 


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•S 4108 IS

1 (f) shall not be available for expenditure or with2 drawal— 

3 (A) before December 31, 2018; and 

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

5 the stream adjudication has entered— 

6 (i) the Partial Final Decree described 

7 in paragraph 3.0 of the Agreement; and 

8 (ii) the Supplemental Partial Final 

9 Decree described in paragraph 4.0 of the 

10 Agreement. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated for deposit in the Trust 

13 Fund— 

14 (1) $6,000,000 for each of fiscal years 2008 

15 through 2012; and 

16 (2) $4,000,000 for each of fiscal years 2013 

17 through 2017. 

18 SEC. 403. WAIVERS AND RELEASES. 

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

20 members of the Nation (other than members in their ca21 pacity as allottees), and the United States, acting through 

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

23 shall execute waivers and releases in accordance with 

24 paragraph 7.0 of the Agreement. 


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•S 4108 IS

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

2 the Nation and its members (including members in their 

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

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

5 claims specified in paragraph 7.0 of the Agreement. 

6 (c) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—The waivers and releases de8 scribed in subsection (a) shall be effective on the 

9 date on which the Secretary publishes in the Federal 

10 Register a statement of findings documenting that 

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

12 have been met. 

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

14 401(f)(1)(A) have not been met by the later of 

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

16 section 401(f)(1)(B)— 

17 (A) the waivers and releases described in 

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

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

Æ 


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