II 

Calendar No. 182 

116TH CONGRESS 

1ST SESSION S. 1207 

[Report No. 116–79] 

To approve the settlement of the water rights claims of the Navajo Nation 

in Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Mr. ROMNEY (for himself, Ms. SINEMA, Ms. MCSALLY, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

SEPTEMBER 9, 2019 

Reported by Mr. HOEVEN, without amendment 

A BILL 

To approve the settlement of the water rights claims of 

the Navajo Nation in Utah, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Navajo Utah Water 

5 Rights Settlement Act of 2019’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of all claims to water rights in the State of 

5 Utah for— 

6 (A) the Navajo Nation; and 

7 (B) the United States, for the benefit of 

8 the Nation; 

9 (2) to authorize, ratify, and confirm the Agree10 ment entered into by the Nation and the State, to 

11 the extent that the Agreement is consistent with this 

12 Act; 

13 (3) to authorize and direct the Secretary— 

14 (A) to execute the Agreement; and 

15 (B) to take any actions necessary to carry 

16 out the agreement in accordance with this Act; 

17 and 

18 (4) to authorize funds necessary for the imple19 mentation of the Agreement and this Act. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) AGREEMENT.—The term ‘‘agreement’’ 

23 means— 

24 (A) the document entitled ‘‘Navajo Utah 

25 Water Rights Settlement Agreement’’ dated DeVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1207.RS S1207

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1 cember 14, 2015, and the exhibits attached 

2 thereto; and 

3 (B) any amendment or exhibit to the docu4 ment or exhibits referenced in subparagraph 

5 (A) to make the document or exhibits consistent 

6 with this Act. 

7 (2) ALLOTMENT.—The term ‘‘allotment’’ means 

8 a parcel of land— 

9 (A) granted out of the public domain that 

10 is— 

11 (i) located within the exterior bound12 aries of the Reservation; or 

13 (ii) Bureau of Indian Affairs parcel 

14 number 792 634511 in San Juan County, 

15 Utah, consisting of 160 acres located in 

16 Township 41S, Range 20E, sections 11, 

17 12, and 14, originally set aside by the 

18 United States for the benefit of an indi19 vidual identified in the allotting document 

20 as a Navajo Indian; and 

21 (B) held in trust by the United States— 

22 (i) for the benefit of an individual, in23 dividuals, or an Indian Tribe other than 

24 the Navajo Nation; or 


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1 (ii) in part for the benefit of the Nav2 ajo Nation as of the enforceability date. 

3 (3) ALLOTTEE.—The term ‘‘allottee’’ means an 

4 individual or Indian Tribe with a beneficial interest 

5 in an allotment held in trust by the United States. 

6 (4) ENFORCEABILITY DATE.—The term ‘‘en7 forceability date’’ means the date on which the Sec8 retary publishes in the Federal Register the state9 ment of findings described in section 8(a). 

10 (5) GENERAL STREAM ADJUDICATION.—The 

11 term ‘‘general stream adjudication’’ means the adju12 dication pending, as of the date of enactment, in the 

13 Seventh Judicial District in and for Grand County, 

14 State of Utah, commonly known as the ‘‘South15 eastern Colorado River General Adjudication’’, Civil 

16 No. 810704477, conducted pursuant to State law. 

17 (6) INJURY TO WATER RIGHTS.—The term ‘‘in18 jury to water rights’’ means an interference with, 

19 diminution of, or deprivation of water rights under 

20 Federal or State law, excluding injuries to water 

21 quality. 

22 (7) MEMBER.—The term ‘‘member’’ means any 

23 person who is a duly enrolled member of the Navajo 

24 Nation. 


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1 (8) NAVAJO NATION OR NATION.—The term 

2 ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 

3 and federally recognized Indian nation, as published 

4 on the list established under section 104(a) of the 

5 Federally Recognized Indian Tribe List Act of 1994 

6 (25 U.S.C. 5131(a)), also known variously as the 

7 ‘‘Navajo Nation’’, the ‘‘Navajo Nation of Arizona, 

8 New Mexico, & Utah’’, and the ‘‘Navajo Nation of 

9 Indians’’ and other similar names, and includes all 

10 bands of Navajo Indians and chapters of the Navajo 

11 Nation and all divisions, agencies, officers, and 

12 agents thereof. 

13 (9) NAVAJO WATER DEVELOPMENT

14 PROJECTS.—The term ‘‘Navajo water development 

15 projects’’ means projects for domestic municipal 

16 water supply, including distribution infrastructure, 

17 and agricultural water conservation, to be con18 structed, in whole or in part, using monies from the 

19 Navajo Water Development Projects Account. 

20 (10) NAVAJO WATER RIGHTS.—The term ‘‘Nav21 ajo water rights’’ means the Nation’s water rights in 

22 Utah described in the agreement and this Act. 

23 (11) OM&R.—The term ‘‘OM&R’’ means oper24 ation, maintenance, and replacement. 


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1 (12) PARTIES.—The term ‘‘parties’’ means the 

2 Navajo Nation, the State, and the United States. 

3 (13) RESERVATION.—The term ‘‘Reservation’’ 

4 means, for purposes of the agreement and this Act, 

5 the Reservation of the Navajo Nation in Utah as in 

6 existence on the date of enactment of this Act and 

7 depicted on the map attached to the agreement as 

8 Exhibit A, including any parcel of land granted out 

9 of the public domain and held in trust by the United 

10 States entirely for the benefit of the Navajo Nation 

11 as of the enforceability date. 

12 (14) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of the United States Depart14 ment of the Interior or a duly authorized representa15 tive thereof. 

16 (15) STATE.—The term ‘‘State’’ means the 

17 State of Utah and all officers, agents, departments, 

18 and political subdivisions thereof. 

19 (16) UNITED STATES.—The term ‘‘United 

20 States’’ means the United States of America and all 

21 departments, agencies, bureaus, officers, and agents 

22 thereof. 

23 (17) UNITED STATES ACTING IN ITS TRUST CA24 PACITY.—The term ‘‘United States acting in its 

25 trust capacity’’ means the United States acting for 


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1 the benefit of the Navajo Nation or for the benefit 

2 of allottees. 

3 SEC. 4. RATIFICATION OF AGREEMENT. 

4 (a) APPROVAL BY CONGRESS.—Except to the extent 

5 that any provision of the agreement conflicts with this Act, 

6 Congress approves, ratifies, and confirms the agreement 

7 (including any amendments to the agreement that are exe8 cuted to make the agreement consistent with this Act). 

9 (b) EXECUTION BY SECRETARY.—The Secretary is 

10 authorized and directed to promptly execute the agree11 ment to the extent that the agreement does not conflict 

12 with this Act, including— 

13 (1) any exhibits to the agreement requiring the 

14 signature of the Secretary; and 

15 (2) any amendments to the agreement nec16 essary to make the agreement consistent with this 

17 Act. 

18 (c) ENVIRONMENTAL COMPLIANCE.— 

19 (1) IN GENERAL.—In implementing the agree20 ment and this Act, the Secretary shall comply with 

21 all applicable provisions of— 

22 (A) the Endangered Species Act of 1973 

23 (16 U.S.C. 1531 et seq.); 

24 (B) the National Environmental Policy Act 

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


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1 (C) all other applicable environmental laws 

2 and regulations. 

3 (2) EXECUTION OF THE AGREEMENT.—Execu4 tion of the agreement by the Secretary as provided 

5 for in this Act shall not constitute a major Federal 

6 action under the National Environmental Policy Act 

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

8 SEC. 5. NAVAJO WATER RIGHTS. 

9 (a) CONFIRMATION OF NAVAJO WATER RIGHTS.— 

10 (1) QUANTIFICATION.—The Navajo Nation 

11 shall have the right to use water from water sources 

12 located within Utah and adjacent to or encompassed 

13 within the boundaries of the Reservation resulting in 

14 depletions not to exceed 81,500 acre-feet annually as 

15 described in the agreement and as confirmed in the 

16 decree entered by the general stream adjudication 

17 court. 

18 (2) SATISFACTION OF ALLOTTEE RIGHTS.—De19 pletions resulting from the use of water on an allot20 ment shall be accounted for as a depletion by the 

21 Navajo Nation for purposes of depletion accounting 

22 under the agreement, including recognition of— 

23 (A) any water use existing on an allotment 

24 as of the date of enactment of this Act and as 


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1 subsequently reflected in the hydrographic sur2 vey report referenced in section 7(b); 

3 (B) reasonable domestic and stock water 

4 uses put into use on an allotment; and 

5 (C) any allotment water rights that may be 

6 decreed in the general stream adjudication or 

7 other appropriate forum. 

8 (3) SATISFACTION OF ON-RESERVATION STATE

9 LAW-BASED WATER RIGHTS.—Depletions resulting 

10 from the use of water on the Reservation pursuant 

11 to State law-based water rights existing as of the 

12 date of enactment of this Act shall be accounted for 

13 as depletions by the Navajo Nation for purposes of 

14 depletion accounting under the agreement. 

15 (4) IN GENERAL.—The Navajo water rights are 

16 ratified, confirmed, and declared to be valid. 

17 (5) USE.—Any use of the Navajo water rights 

18 shall be subject to the terms and conditions of the 

19 agreement and this Act. 

20 (6) CONFLICT.—In the event of a conflict be21 tween the agreement and this Act, the provisions of 

22 this Act shall control. 

23 (b) TRUST STATUS OF NAVAJO WATER RIGHTS.— 

24 The Navajo water rights— 


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1 (1) shall be held in trust by the United States 

2 for the use and benefit of the Nation in accordance 

3 with the agreement and this Act; and 

4 (2) shall not be subject to forfeiture or aban5 donment. 

6 (c) AUTHORITY OF THE NATION.— 

7 (1) IN GENERAL.—The Nation shall have the 

8 authority to allocate, distribute, and lease the Nav9 ajo water rights for any use on the Reservation in 

10 accordance with the agreement, this Act, and appli11 cable Tribal and Federal law. 

12 (2) OFF-RESERVATION USE.—The Nation may 

13 allocate, distribute, and lease the Navajo water 

14 rights for off-Reservation use in accordance with the 

15 agreement, subject to the approval of the Secretary. 

16 (3) ALLOTTEE WATER RIGHTS.—The Nation 

17 shall not object in the general stream adjudication 

18 or other applicable forum to the quantification of 

19 reasonable domestic and stock water uses on an al20 lotment, and shall administer any water use on the 

21 Reservation in accordance with applicable Federal 

22 law, including recognition of— 

23 (A) any water use existing on an allotment 

24 as of the date of enactment of this Act and as 


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1 subsequently reflected in the hydrographic sur2 vey report referenced in section 7(b); 

3 (B) reasonable domestic and stock water 

4 uses on an allotment; and 

5 (C) any allotment water rights decreed in 

6 the general stream adjudication or other appro7 priate forum. 

8 (d) EFFECT.—Except as otherwise expressly provided 

9 in this section, nothing in this Act— 

10 (1) authorizes any action by the Nation against 

11 the United States under Federal, State, Tribal, or 

12 local law; or 

13 (2) alters or affects the status of any action 

14 brought pursuant to section 1491(a) of title 28, 

15 United States Code. 

16 SEC. 6. NAVAJO TRUST ACCOUNTS. 

17 (a) ESTABLISHMENT.—The Secretary shall establish 

18 a trust fund, to be known as the ‘‘Navajo Utah Settlement 

19 Trust Fund’’ (referred to in this Act as the ‘‘Trust 

20 Fund’’), to be managed, invested, and distributed by the 

21 Secretary and to remain available until expended, con22 sisting of the amounts deposited in the Trust Fund under 

23 subsection (c), together with any interest earned on those 

24 amounts, for the purpose of carrying out this Act. 


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1 (b) ACCOUNTS.—The Secretary shall establish in the 

2 Trust Fund the following Accounts: 

3 (1) The Navajo Water Development Projects 

4 Account. 

5 (2) The Navajo OM&R Account. 

6 (c) DEPOSITS.—The Secretary shall deposit in the 

7 Trust Fund Accounts— 

8 (1) in the Navajo Water Development Projects 

9 Account, the amounts made available pursuant to 

10 section 7(a)(1); and 

11 (2) in the Navajo OM&R Account, the amount 

12 made available pursuant to section 7(a)(2). 

13 (d) MANAGEMENT AND INTEREST.— 

14 (1) MANAGEMENT.—Upon receipt and deposit 

15 of the funds into the Trust Fund Accounts, the Sec16 retary shall manage, invest, and distribute all 

17 amounts in the Trust Fund in a manner that is con18 sistent with the investment authority of the Sec19 retary under— 

20 (A) the first section of the Act of June 24, 

21 1938 (25 U.S.C. 162a); 

22 (B) the American Indian Trust Fund Man23 agement Reform Act of 1994 (25 U.S.C. 4001 

24 et seq.); and 

25 (C) this section. 


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1 (2) INVESTMENT EARNINGS.—In addition to 

2 the deposits under subsection (c), any investment 

3 earnings, including interest, credited to amounts 

4 held in the Trust Fund are authorized to be appro5 priated to be used in accordance with the uses de6 scribed in subsection (h). 

7 (e) AVAILABILITY OF AMOUNTS.—Amounts appro8 priated to, and deposited in, the Trust Fund, including 

9 any investment earnings, shall be made available to the 

10 Nation by the Secretary beginning on the enforceability 

11 date and subject to the uses and restrictions set forth in 

12 this section. 

13 (f) WITHDRAWALS.— 

14 (1) WITHDRAWALS UNDER THE AMERICAN IN15 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

16 1994.—The Nation may withdraw any portion of the 

17 funds in the Trust Fund on approval by the Sec18 retary of a tribal management plan submitted by the 

19 Nation in accordance with the American Indian 

20 Trust Fund Management Reform Act of 1994 (25 

21 U.S.C. 4001 et seq.). 

22 (A) REQUIREMENTS.—In addition to the 

23 requirements under the American Indian Trust 

24 Fund Management Reform Act of 1994 (25 

25 U.S.C. 4001 et seq.), the Tribal management 


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1 plan under this paragraph shall require that the 

2 Nation shall spend all amounts withdrawn from 

3 the Trust Fund and any investment earnings 

4 accrued through the investments under the 

5 Tribal management plan in accordance with 

6 this Act. 

7 (B) ENFORCEMENT.—The Secretary may 

8 carry out such judicial and administrative ac9 tions as the Secretary determines to be nec10 essary to enforce the Tribal management plan 

11 to ensure that amounts withdrawn by the Na12 tion from the Trust Fund under this paragraph 

13 are used in accordance with this Act. 

14 (2) WITHDRAWALS UNDER EXPENDITURE

15 PLAN.—The Nation may submit to the Secretary a 

16 request to withdraw funds from the Trust Fund pur17 suant to an approved expenditure plan. 

18 (A) REQUIREMENTS.—To be eligible to 

19 withdraw funds under an expenditure plan 

20 under this paragraph, the Nation shall submit 

21 to the Secretary for approval an expenditure 

22 plan for any portion of the Trust Fund that the 

23 Nation elects to withdraw pursuant to this 

24 paragraph, subject to the condition that the 


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1 funds shall be used for the purposes described 

2 in this Act. 

3 (B) INCLUSIONS.—An expenditure plan 

4 under this paragraph shall include a description 

5 of the manner and purpose for which the 

6 amounts proposed to be withdrawn from the 

7 Trust Fund will be used by the Nation, in ac8 cordance with subsections (c) and (h). 

9 (C) APPROVAL.—On receipt of an expendi10 ture plan under this paragraph, the Secretary 

11 shall approve the plan, if the Secretary deter12 mines that the plan— 

13 (i) is reasonable; 

14 (ii) is consistent with, and will be used 

15 for, the purposes of this Act; and 

16 (iii) contains a schedule which de17 scribed that tasks will be completed within 

18 18 months of receipt of withdrawn 

19 amounts. 

20 (D) ENFORCEMENT.—The Secretary may 

21 carry out such judicial and administrative ac22 tions as the Secretary determines to be nec23 essary to enforce an expenditure plan to ensure 

24 that amounts disbursed under this paragraph 

25 are used in accordance with this Act. 


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1 (g) EFFECT OF TITLE.—Nothing in this Act gives 

2 the Nation the right to judicial review of a determination 

3 of the Secretary regarding whether to approve a Tribal 

4 management plan or an expenditure plan except under 

5 subchapter II of chapter 5, and chapter 7, of title 5, 

6 United States Code (commonly known as the ‘‘Administra7 tive Procedure Act’’). 

8 (h) USES.—Amounts from the Trust Fund shall be 

9 used by the Nation for the following purposes: 

10 (1) The Navajo Water Development Projects 

11 Account shall be used to plan, design, and construct 

12 the Navajo water development projects and for the 

13 conduct of related activities, including to comply 

14 with Federal environmental laws. 

15 (2) The Navajo OM&R Account shall be used 

16 for the operation, maintenance, and replacement of 

17 the Navajo water development projects. 

18 (i) LIABILITY.—The Secretary and the Secretary of 

19 the Treasury shall not be liable for the expenditure or in20 vestment of any amounts withdrawn from the Trust Fund 

21 by the Nation under subsection (f). 

22 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

23 the Trust Fund shall be distributed on a per capita basis 

24 to any member of the Nation. 


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1 (k) EXPENDITURE REPORTS.—The Navajo Nation 

2 shall submit to the Secretary annually an expenditure re3 port describing accomplishments and amounts spent from 

4 use of withdrawals under a Tribal management plan or 

5 an expenditure plan as described in this Act. 

6 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) AUTHORIZATION.—There are authorized to be ap8 propriated to the Secretary— 

9 (1) for deposit in the Navajo Water Develop10 ment Projects Account of the Trust Fund estab11 lished under section 6(b)(1), $198,300,000, which 

12 funds shall be retained until expended, withdrawn, 

13 or reverted to the general fund of the Treasury; and 

14 (2) for deposit in the Navajo OM&R Account of 

15 the Trust Fund established under section 6(b)(2), 

16 $11,100,000, which funds shall be retained until ex17 pended, withdrawn, or reverted to the general fund 

18 of the Treasury. 

19 (b) IMPLEMENTATION COSTS.—There is authorized 

20 to be appropriated non-trust funds in the amount of 

21 $1,000,000 to assist the United States with costs associ22 ated with the implementation of the Act, including the 

23 preparation of a hydrographic survey of historic and exist24 ing water uses on the Reservation and on allotments. 


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1 (c) STATE COST SHARE.—The State shall contribute 

2 $8,000,000 payable to the Secretary for deposit into the 

3 Navajo Water Development Projects Account of the Trust 

4 Fund established under section 6(b)(1) in installments in 

5 each of the 3 years following the execution of the agree6 ment by the Secretary as provided for in subsection (b) 

7 of section 4. 

8 (d) FLUCTUATION IN COSTS.—The amount author9 ized to be appropriated under subsection (a) shall be in10 creased or decreased, as appropriate, by such amounts as 

11 may be justified by reason of ordinary fluctuations in costs 

12 occurring after the date of enactment of this Act as indi13 cated by the Bureau of Reclamation Construction Cost 

14 Index—Composite Trend. 

15 (1) REPETITION.—The adjustment process 

16 under this subsection shall be repeated for each sub17 sequent amount appropriated until the amount au18 thorized, as adjusted, has been appropriated. 

19 (2) PERIOD OF INDEXING.—The period of in20 dexing adjustment for any increment of funding 

21 shall end on the date on which funds are deposited 

22 into the Trust Fund. 

23 SEC. 8. CONDITIONS PRECEDENT. 

24 (a) IN GENERAL.—The waivers and release contained 

25 in section 9 of this Act shall become effective as of the 


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1 date the Secretary causes to be published in the Federal 

2 Register a statement of findings that— 

3 (1) to the extent that the agreement conflicts 

4 with the Act, the agreement has been revised to con5 form with this Act; 

6 (2) the agreement, so revised, including waivers 

7 and releases of claims set forth in section 9, has 

8 been executed by the parties, including the United 

9 States; 

10 (3) Congress has fully appropriated, or the Sec11 retary has provided from other authorized sources, 

12 all funds authorized under subsection (a) of section 

13 7; 

14 (4) the State has enacted any necessary legisla15 tion and provided the funding required under the 

16 agreement and subsection (c) of section 7; and 

17 (5) the court has entered a final or interlocu18 tory decree that— 

19 (A) confirms the Navajo water rights con20 sistent with the agreement and this Act; and 

21 (B) with respect to the Navajo water 

22 rights, is final and nonappealable. 

23 (b) EXPIRATION DATE.—If all the conditions prece24 dent described in subsection (a) have not been fulfilled to 


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1 allow the Secretary’s statement of findings to be published 

2 in the Federal Register by October 31, 2030— 

3 (1) the agreement and this Act, including waiv4 ers and releases of claims described in those docu5 ments, shall no longer be effective; 

6 (2) any funds that have been appropriated pur7 suant to section 7 but not expended, including any 

8 investment earnings on funds that have been appro9 priated pursuant to such section, shall immediately 

10 revert to the general fund of the Treasury; and 

11 (3) any funds contributed by the State pursu12 ant to subsection (c) of section 7 but not expended 

13 shall be returned immediately to the State. 

14 (c) EXTENSION.—The expiration date set forth in 

15 subsection (b) may be extended if the Navajo Nation, the 

16 State, and the United States (acting through the Sec17 retary) agree that an extension is reasonably necessary. 

18 SEC. 9. WAIVERS AND RELEASES. 

19 (a) IN GENERAL.— 

20 (1) WAIVER AND RELEASE OF CLAIMS BY THE

21 NATION AND THE UNITED STATES ACTING IN ITS

22 CAPACITY AS TRUSTEE FOR THE NATION.—Subject 

23 to the retention of rights set forth in subsection (c), 

24 in return for confirmation of the Navajo water 

25 rights and other benefits set forth in the agreement 


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1 and this Act, the Nation, on behalf of itself and the 

2 members of the Nation (other than members in their 

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

4 as trustee for the Nation and members of the Na5 tion (other than members in their capacity as 

6 allottees), are authorized and directed to execute a 

7 waiver and release of— 

8 (A) all claims for water rights within Utah 

9 based on any and all legal theories that the 

10 Navajo Nation or the United States acting in 

11 its trust capacity for the Nation, asserted, or 

12 could have asserted, at any time in any pro13 ceeding, including to the general stream adju14 dication, up to and including the enforceability 

15 date, except to the extent that such rights are 

16 recognized in the agreement and this Act; and 

17 (B) all claims for damages, losses, or inju18 ries to water rights or claims of interference 

19 with, diversion, or taking of water rights (in20 cluding claims for injury to lands resulting from 

21 such damages, losses, injuries, interference 

22 with, diversion, or taking of water rights) with23 in Utah against the State, or any person, enti24 ty, corporation, or municipality, that accrued at 


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1 any time up to and including the enforceability 

2 date. 

3 (b) CLAIMS BY THE NAVAJO NATION AGAINST THE

4 UNITED STATES.—The Navajo Nation, on behalf of itself 

5 (including in its capacity as allottee) and its members 

6 (other than members in their capacity as allottees), shall 

7 execute a waiver and release of— 

8 (1) all claims the Navajo Nation may have 

9 against the United States relating in any manner to 

10 claims for water rights in, or water of, Utah that the 

11 United States acting in its trust capacity for the Na12 tion asserted, or could have asserted, in any pro13 ceeding, including the general stream adjudication; 

14 (2) all claims the Navajo Nation may have 

15 against the United States relating in any manner to 

16 damages, losses, or injuries to water, water rights, 

17 land, or other resources due to loss of water or 

18 water rights (including damages, losses, or injuries 

19 to hunting, fishing, gathering, or cultural rights due 

20 to loss of water or water rights; claims relating to 

21 interference with, diversion, or taking of water; or 

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

23 or develop water or water rights) within Utah that 

24 first accrued at any time up to and including the en25 forceability date; 


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1 (3) all claims the Nation may have against the 

2 United States relating in any manner to the litiga3 tion of claims relating to the Nation’s water rights 

4 in proceedings in Utah; and 

5 (4) all claims the Nation may have against the 

6 United States relating in any manner to the negotia7 tion, execution, or adoption of the agreement or this 

8 Act. 

9 (c) RESERVATION OF RIGHTS AND RETENTION OF

10 CLAIMS BY THE NAVAJO NATION AND THE UNITED

11 STATES.—Notwithstanding the waivers and releases au12 thorized in this Act, the Navajo Nation, and the United 

13 States acting in its trust capacity for the Nation, retain— 

14 (1) all claims for injuries to and the enforce15 ment of the agreement and the final or interlocutory 

16 decree entered in the general stream adjudication, 

17 through such legal and equitable remedies as may be 

18 available in the decree court or the Federal District 

19 Court for the District of Utah; 

20 (2) all rights to use and protect water rights ac21 quired after the enforceability date; 

22 (3) all claims relating to activities affecting the 

23 quality of water, including any claims under the 

24 Comprehensive Environmental Response, Compensa25 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 


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1 seq. (including claims for damages to natural re2 sources)), the Safe Drinking Water Act (42 U.S.C. 

3 300f et seq.), and the Federal Water Pollution Con4 trol Act (33 U.S.C. 1251 et seq.), the regulations 

5 implementing those Acts, and the common law; 

6 (4) all claims for water rights, and claims for 

7 injury to water rights, in states other than the State 

8 of Utah; 

9 (5) all claims, including environmental claims, 

10 under any laws (including regulations and common 

11 law) relating to human health, safety, or the envi12 ronment; and 

13 (6) all rights, remedies, privileges, immunities, 

14 and powers not specifically waived and released pur15 suant to the agreement and this Act. 

16 (d) EFFECT.—Nothing in the agreement or this 

17 Act— 

18 (1) affects the ability of the United States act19 ing in its sovereign capacity to take actions author20 ized by law, including any laws relating to health, 

21 safety, or the environment, including the Com22 prehensive Environmental Response, Compensation, 

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

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

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


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

2 (42 U.S.C. 6901 et seq.), and the regulations imple3 menting those laws; 

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

5 take actions in its capacity as trustee for any other 

6 Indian Tribe or allottee; 

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

8 (A) interpret Federal law regarding health, 

9 safety, or the environment or determine the du10 ties of the United States or other parties pursu11 ant to such Federal law; and 

12 (B) conduct judicial review of Federal 

13 agency action; or 

14 (4) modifies, conflicts with, preempts, or other15 wise affects— 

16 (A) the Boulder Canyon Project Act (43 

17 U.S.C. 617 et seq.); 

18 (B) the Boulder Canyon Project Adjust19 ment Act (43 U.S.C. 618 et seq.); 

20 (C) the Act of April 11, 1956 (commonly 

21 known as the ‘‘Colorado River Storage Project 

22 Act’’) (43 U.S.C. 620 et seq.); 

23 (D) the Colorado River Basin Project Act 

24 (43 U.S.C. 1501 et seq.); 


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•S 1207 RS

1 (E) the Treaty between the United States 

2 of America and Mexico respecting utilization of 

3 waters of the Colorado and Tijuana Rivers and 

4 of the Rio Grande, signed at Washington Feb5 ruary 3, 1944 (59 Stat. 1219); 

6 (F) the Colorado River Compact of 1922, 

7 as approved by the Presidential Proclamation of 

8 June 25, 1929 (46 Stat. 3000); and 

9 (G) the Upper Colorado River Basin Com10 pact as consented to by the Act of April 6, 

11 1949 (63 Stat. 31, chapter 48). 

12 (e) TOLLING OF CLAIMS.— 

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

14 limitation and time-based equitable defense relating 

15 to a claim waived by the Navajo Nation described in 

16 this section shall be tolled for the period beginning 

17 on the date of enactment of this Act and ending on 

18 the enforceability date. 

19 (2) EFFECT OF SUBSECTION.—Nothing in this 

20 subsection revives any claim or tolls any period of 

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

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


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•S 1207 RS

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

3 SEC. 10. MISCELLANEOUS PROVISIONS. 

4 (a) PRECEDENT.—Nothing in this Act establishes 

5 any standard for the quantification or litigation of Federal 

6 reserved water rights or any other Indian water claims of 

7 any other Indian Tribe in any other judicial or administra8 tive proceeding. 

9 (b) OTHER INDIAN TRIBES.—Nothing in the agree10 ment or this Act shall be construed in any way to quantify 

11 or otherwise adversely affect the water rights, claims, or 

12 entitlements to water of any Indian Tribe, band, or com13 munity, other than the Navajo Nation. 

14 SEC. 11. RELATION TO ALLOTTEES. 

15 (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth16 ing in this Act or the agreement shall affect the rights 

17 or claims of allottees, or the United States, acting in its 

18 capacity as trustee for or on behalf of allottees, for water 

19 rights or damages related to lands allotted by the United 

20 States to allottees, except as provided in section 5(a)(2). 

21 (b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 

22 Allottees, or the United States, acting in its capacity as 

23 trustee for allottees, are not bound by any decree entered 

24 in the general stream adjudication confirming the Navajo 

25 water rights and shall not be precluded from making 


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•S 1207 RS

1 claims to water rights in the general stream adjudication. 

2 Allottees, or the United States, acting in its capacity as 

3 trustee for allottees, may make claims and such claims 

4 may be adjudicated as individual water rights in the gen5 eral stream adjudication. 

6 SEC. 12. ANTIDEFICIENCY. 

7 The United States shall not be liable for any failure 

8 to carry out any obligation or activity authorized by this 

9 Act (including any obligation or activity under the agree10 ment) if adequate appropriations are not provided ex11 pressly by Congress to carry out the purposes of this Act. 


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Calendar No. 182 

116TH CONGRESS 

1ST SESSION S. 1207 

[Report No. 116–79] 

A BILL 

To approve the settlement of the water rights 

other purposes. claims of the Navajo Nation in Utah, and for 

SEPTEMBER 9, 2019 

Reported without amendment 


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