II 

Calendar No. 265 

111TH CONGRESS 

2D SESSION H. R. 3342 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2010 

Received 

FEBRUARY 1, 2010 

Read twice and placed on the calendar 

AN ACT 

To authorize the Secretary of the Interior, acting through 

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

settlement of the water rights claims of the Pueblos 

of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Aamodt Litigation Settlement Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—POJOAQUE BASIN REGIONAL WATER SYSTEM 

Sec. 101. Authorization of Regional Water System. 

Sec. 102. Operating Agreement. 

Sec. 103. Acquisition of Pueblo water supply for the Regional Water System. 

Sec. 104. Delivery and allocation of Regional Water System capacity and water. 

Sec. 105. Aamodt Settlement Pueblos’ Fund. 

Sec. 106. Environmental compliance. 

Sec. 107. Authorization of appropriations. 

TITLE II—POJOAQUE BASIN INDIAN WATER RIGHTS 

SETTLEMENT 

Sec. 201. Settlement Agreement and contract approval. 

Sec. 202. Environmental compliance. 

Sec. 203. Conditions precedent and enforcement date. 

Sec. 204. Waivers and releases. 

Sec. 205. Effect. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the civil action entitled State of New Mexico, 

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

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

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

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

10 acre-feet of water per year. 

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

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

14 or an alternate entity acceptable to the Pueblos and 

15 the County to operate and maintain the diversion 

16 and treatment facilities, certain transmission pipeVerDate Nov 24 2008 23:40 Feb 01, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3342.PCS H3342

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

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

4 Santa Fe, New Mexico. 

5 (5) COST-SHARING AND SYSTEM INTEGRATION

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

7 Integration Agreement’’ means the agreement to be 

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

10 (A) describes the location, capacity, and 

11 management (including the distribution of 

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

14 (B) allocates the costs of the Regional 

15 Water System with respect to— 

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

18 System; 

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

20 Water System; and 

21 (iii) the acquisition of water rights. 

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

23 Santa Fe County, New Mexico. 

24 (7) COUNTY DISTRIBUTION SYSTEM.—The term 

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


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

3 (8) COUNTY WATER UTILITY.—The term 

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

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

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

10 in the Pojoaque Basin. 

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

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

15 thereto, including any modifications which may be 

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

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

18 Aamodt Settlement Pueblos’ Fund established by 

19 section 105(a). 

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

22 the Pueblos and the County executed under section 

23 102(a). 

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


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

2 maintenance, and replacement costs’’ means all 

3 costs for the operation of the Regional Water 

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

6 Water System to produce the benefits described 

7 in the Settlement Agreement. 

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

9 maintenance, and replacement costs’’ does not 

10 include construction costs or costs related to 

11 construction design and planning. 

12 (13) POJOAQUE BASIN.— 

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

14 Basin’’ means the geographic area limited by a 

15 surface water divide (which can be drawn on a 

16 topographic map), within which area rainfall 

17 and runoff flow into arroyos, drainages, and 

18 named tributaries that eventually drain to— 

19 (i) the Rio Pojoaque; or 

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

22 (iii) 2 arroyos (including the Arroyo 

23 Alamo) that are north of the confluence of 

24 the Rio Pojoaque and the Rio Grande. 


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1 (B) INCLUSION.—The term ‘‘Pojoaque 

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

4 87–231 (75 Stat. 505). 

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

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

7 or Tesuque. 

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

9 collectively the Pueblos of Nambe, Pojoaque, San 

10 Ildefonso, and Tesuque. 

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

12 means any real property that is— 

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

14 a Pueblo within the Pojoaque Basin; 

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

16 Pojoaque Basin before the date on which a 

17 court approves the Settlement Agreement; or 

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

19 date on which a court approves the Settlement 

20 Agreement, if the real property is located— 

21 (I) within the exterior boundaries of 

22 the Pueblo, as recognized and conformed 

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

25 V); or 


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1 (II) within the exterior boundaries of 

2 any territory set aside for the Pueblo by 

3 law, executive order, or court decree; 

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

5 United States in trust for the benefit of a 

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

8 Pueblo as recognized and confirmed by a patent 

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

10 Stat. 374, chapter V); or 

11 (D) within the exterior boundaries of any 

12 real property located outside the Pojoaque 

13 Basin set aside for a Pueblo by law, executive 

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

15 contiguous to land held by the United States in 

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

17 (17) PUEBLO WATER FACILITY.— 

18 (A) IN GENERAL.—The term ‘‘Pueblo 

19 Water Facility’’ means— 

20 (i) a portion of the Regional Water 

21 System that serves only water customers 

22 on Pueblo land; and 

23 (ii) portions of a Pueblo water system 

24 in existence on the date of enactment of 

25 this Act that serve water customers on 


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1 non-Pueblo land, also in existence on the 

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

4 (I) depicted in the final project 

5 design, as modified by the drawings 

6 reflecting the completed Regional 

7 Water System; and 

8 (II) described in the Operating 

9 Agreement. 

10 (B) INCLUSIONS.—The term ‘‘Pueblo 

11 Water Facility’’ includes— 

12 (i) the barrier dam and infiltration 

13 project on the Rio Pojoaque described in 

14 the Engineering Report; and 

15 (ii) the Tesuque Pueblo infiltration 

16 pond described in the Engineering Report. 

17 (18) REGIONAL WATER SYSTEM.— 

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

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

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

22 Water System’’ does not include the County or 

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


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

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

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

5 Stat. 105). 

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

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

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

9 96, 97). 

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

11 means the Secretary of the Interior. 

12 (22) SETTLEMENT AGREEMENT.—The term 

13 ‘‘Settlement Agreement’’ means the stipulated and 

14 binding agreement among the State, the Pueblos, 

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

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

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

19 amended in conformity with this Act. 

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

21 State of New Mexico. 


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1 TITLE I—POJOAQUE BASIN 

2 REGIONAL WATER SYSTEM 

3 SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

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

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

8 System’’— 

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

11 with the Engineering Report; and 

12 (2) that consists of— 

13 (A) surface water diversion facilities at 

14 San Ildefonso Pueblo on the Rio Grande; and 

15 (B) any treatment, transmission, storage 

16 and distribution facilities and wellfields for the 

17 County Distribution System and Pueblo Water 

18 Facilities that are necessary to supply 4,000 

19 acre-feet of water within the Pojoaque Basin, 

20 unless modified in accordance with subsection 

21 (d)(2). 

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

23 issue a final project design within 90 days of completion 

24 of the environmental compliance described in section 106 

25 for the Regional Water System that— 


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1 (1) is consistent with the Engineering Report; 

2 and 

3 (2) includes a description of any Pueblo Water 

4 Facilities. 

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

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

7 in exchange for the funding which shall be provided 

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

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

10 be necessary for the construction of the Regional 

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

12 extent that the State or County own easements or 

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

14 the Regional Water System, the State or County 

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

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

19 the Regional Water System. 

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

21 condemn water rights for purposes of the Regional 

22 Water System. 

23 (d) CONDITIONS FOR CONSTRUCTION.— 


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

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

4 (A) the Secretary executes— 

5 (i) the Settlement Agreement; and 

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

8 (B) the State and the County have entered 

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

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

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

15 (A) IN GENERAL.—The State and the 

16 County, in agreement with the Pueblos, the 

17 City, and other signatories to the Cost-Sharing 

18 and System Integration Agreement, may modify 

19 the extent, size, and capacity of the County 

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

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


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1 (i) shall not affect implementation of 

2 the Settlement Agreement so long as the 

3 provisions in section 203 are satisfied; and 

4 (ii) may result in an adjustment of 

5 the State and County cost-share allocation 

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

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

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

12 (f) CONSTRUCTION COSTS.— 

13 (1) PUEBLO WATER FACILITIES.— 

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

15 subparagraph (B), the expenditures of the Sec16 retary to construct the Pueblo Water Facilities 

17 under this section shall not exceed 

18 $106,400,000. 

19 (B) EXCEPTION.—The amount described 

20 in subparagraph (A) shall be increased or de21 creased, as appropriate, based on ordinary fluc22 tuations in construction costs since October 1, 

23 2006, as determined using applicable engineer24 ing cost indices. 


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1 (2) COSTS TO PUEBLO.—The costs incurred by 

2 the Secretary in carrying out activities to construct 

3 the Pueblo Water Facilities under this section shall 

4 not be reimbursable to the United States. 

5 (3) COUNTY DISTRIBUTION SYSTEM.—The costs 

6 of constructing the County Distribution System shall 

7 be at State and local expense. 

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

9 State and local capital obligations for the Regional Water 

10 System described in the Cost-Sharing and System Integra11 tion Agreement shall be satisfied on the payment of the 

12 State and local capital obligations described in the Cost13 Sharing and System Integration Agreement. 

14 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA15 CILITIES.— 

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

17 completion of the construction of the Regional Water 

18 System, the Secretary, in accordance with the Oper19 ating Agreement, shall convey to— 

20 (A) each Pueblo the portion of any Pueblo 

21 Water Facility that is located within the bound22 aries of the Pueblo, including any land or inter23 est in land located within the boundaries of the 

24 Pueblo that is acquired by the United States 


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1 for the construction of the Pueblo Water Facil2 ity; 

3 (B) the County the County Distribution 

4 System, including any land or interest in land 

5 acquired by the United States for the construc6 tion of the County Distribution System; and 

7 (C) the Authority any portions of the Re8 gional Water System that remain after making 

9 the conveyances under subparagraphs (A) and 

10 (B), including any land or interest in land ac11 quired by the United States for the construc12 tion of the portions of the Regional Water Sys13 tem. 

14 (2) CONDITIONS FOR CONVEYANCE.—The Sec15 retary shall not convey any portion of the Regional 

16 Water System facilities under paragraph (1) until 

17 the date on which— 

18 (A) construction of the Regional Water 

19 System is complete; and 

20 (B) the Operating Agreement is executed 

21 in accordance with section 102. 

22 (3) SUBSEQUENT CONVEYANCE.—On convey23 ance by the Secretary under paragraph (1), the 

24 Pueblos, the County, and the Authority shall not re25 convey any portion of the Regional Water System 


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1 conveyed to the Pueblos, the County, and the Au2 thority, respectively, unless the reconveyance is au3 thorized by an Act of Congress enacted after the 

4 date of enactment of this Act. 

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

6 conveyance of a portion of the Regional Water Sys7 tem under paragraph (1), the United States shall 

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

9 portion of the Regional Water System conveyed. 

10 (5) ADDITIONAL CONSTRUCTION.—On convey11 ance of a portion of the Regional Water System 

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

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

14 Pueblos, County, or the Authority, construct any ad15 ditional infrastructure that is necessary to fully use 

16 the water delivered by the Regional Water System. 

17 (6) LIABILITY.— 

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

19 conveyance of any land or facility under this 

20 section, the United States shall not be held lia21 ble by any court for damages of any kind aris22 ing out of any act, omission, or occurrence re23 lating to the land and facilities conveyed, other 

24 than damages caused by acts of negligence by 

25 the United States, or by employees or agents of 


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1 the United States, prior to the date of convey2 ance. 

3 (B) TORT CLAIMS.—Nothing in this sec4 tion increases the liability of the United States 

5 beyond the liability provided in chapter 171 of 

6 title 28, United States Code (commonly known 

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

8 (7) EFFECT.—Nothing in any transfer of own9 ership provided or any conveyance thereto as pro10 vided in this section shall extinguish the right of any 

11 Pueblo, the County, or the Regional Water Author12 ity to the continuous use and benefit of each ease13 ment or right of way for the use, operation, mainte14 nance, repair, and replacement of Pueblo Water Fa15 cilities, the County Distribution System or the Re16 gional Water System or for wastewater purposes as 

17 provided in the Cost-Sharing and System Integra18 tion Agreement. 

19 SEC. 102. OPERATING AGREEMENT. 

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

21 submit to the Secretary an executed Operating Agreement 

22 for the Regional Water System that is consistent with this 

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

24 System Integration Agreement not later than 180 days 

25 after the later of— 


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1 (1) the date of completion of environmental 

2 compliance and permitting; or 

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

4 for the Regional Water System under section 

5 101(b). 

6 (b) APPROVAL.—Not later than 180 days after re7 ceipt of the operating agreement described in subsection 

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

9 upon determination that the Operating Agreement is con10 sistent with this Act, the Settlement Agreement, and the 

11 Cost-Sharing and System Integration Agreement. 

12 (c) CONTENTS.—The Operating Agreement shall in13 clude— 

14 (1) provisions consistent with the Settlement 

15 Agreement and the Cost-Sharing and System Inte16 gration Agreement and necessary to implement the 

17 intended benefits of the Regional Water System de18 scribed in those documents; 

19 (2) provisions for— 

20 (A) the distribution of water conveyed 

21 through the Regional Water System, including 

22 a delineation of— 

23 (i) distribution lines for the County 

24 Distribution System; 


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1 (ii) distribution lines for the Pueblo 

2 Water Facilities; and 

3 (iii) distribution lines that serve 

4 both— 

5 (I) the County Distribution Sys6 tem; and 

7 (II) the Pueblo Water Facilities; 

8 (B) the allocation of the Regional Water 

9 System capacity; 

10 (C) the terms of use of unused water ca11 pacity in the Regional Water System; 

12 (D) the construction of additional infra13 structure and the acquisition of associated 

14 rights-of-way or easements necessary to enable 

15 any of the Pueblos or the County to fully use 

16 water allocated to the Pueblos or the County 

17 from the Regional Water System, including pro18 visions addressing when the construction of 

19 such additional infrastructure requires approval 

20 by the Authority; 

21 (E) the allocation and payment of annual 

22 operation, maintenance, and replacement costs 

23 for the Regional Water System, including the 

24 portions of the Regional Water System that are 

25 used to treat, transmit, and distribute water to 


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1 both the Pueblo Water Facilities and the Coun2 ty Water Utility; 

3 (F) the operation of wellfields located on 

4 Pueblo land; 

5 (G) the transfer of any water rights nec6 essary to provide the Pueblo water supply de7 scribed in section 103(a); 

8 (H) the operation of the Regional Water 

9 System with respect to the water supply, includ10 ing the allocation of the water supply in accord11 ance with section 3.1.8.4.2 of the Settlement 

12 Agreement so that, in the event of a shortage 

13 of supply to the Regional Water System, the 

14 supply to each of the Pueblos’ and to the Coun15 ty’s distribution system shall be reduced on a 

16 prorata basis, in proportion to each distribution 

17 system’s most current annual use; and 

18 (I) dispute resolution; and 

19 (3) provisions for operating and maintaining 

20 the Regional Water System facilities before and 

21 after conveyance under section 101(h), including 

22 provisions to— 

23 (A) ensure that— 

24 (i) the operation of, and the diversion 

25 and conveyance of water by, the Regional 


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1 Water System is in accordance with the 

2 Settlement Agreement; 

3 (ii) the wells in the Regional Water 

4 System are used in conjunction with the 

5 surface water supply of the Regional 

6 Water System to ensure a reliable firm 

7 supply of water to all users of the Regional 

8 Water System, consistent with the intent 

9 of the Settlement Agreement that surface 

10 supplies will be used to the maximum ex11 tent feasible; 

12 (iii) the respective obligations regard13 ing delivery, payment, operation, and man14 agement are enforceable; and 

15 (iv) the County has the right to serve 

16 any new water users located on non-Pueblo 

17 land in the Pojoaque Basin; and 

18 (B) allow for any aquifer storage and re19 covery projects that are approved by the Office 

20 of the New Mexico State Engineer. 

21 (d) EFFECT.—Nothing in this Act precludes the Op22 erating Agreement from authorizing phased or interim op23 erations if the Regional Water System is constructed in 

24 phases. 


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1 SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

2 THE REGIONAL WATER SYSTEM. 

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

4 reliable firm supply of water from the Regional Water Sys5 tem for the Pueblos in accordance with the Settlement 

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

7 shall— 

8 (1) acquire water rights to— 

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

10 described in section 2.6.2 of the Settlement 

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

12 and 

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

14 the County for water rights commonly referred 

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

16 Case; 

17 (2) enter into a contract with the Pueblos for 

18 1,079 acre-feet in accordance with section 11 of the 

19 San Juan-Chama Project Act; and 

20 (3) by application to the State Engineer, seek 

21 approval to divert the water acquired and made 

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

23 of diversion for the Regional Water System, con24 sistent with the Settlement Agreement and the Cost25 Sharing and System Integration Agreement. 


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

2 secured by the Secretary for the Pueblos under subsection 

3 (a) shall in no event result in forfeiture, abandonment, re4 linquishment, or other loss thereof. 

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

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

7 for the Pueblos. 

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

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

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

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

12 with regard to the delivery or distribution of San Juan13 Chama Project water or the management or operation of 

14 the San Juan-Chama Project. 

15 (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT

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

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

18 Juan-Chama Project contract shall be pursuant to the fol19 lowing terms: 

20 (1) WAIVERS.—Notwithstanding the provisions 

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

22 provision of law— 

23 (A) the Secretary shall waive the entirety 

24 of the Pueblos’ share of the construction costs 

25 for the San Juan-Chama Project, and pursuant 


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1 to that waiver, the Pueblos’ share of all con2 struction costs for the San Juan-Chama 

3 Project, inclusive of both principal and interest, 

4 due from 1972 to the execution of the contract 

5 required by subsection (a)(2), shall be nonreim6 bursable; 

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

8 share of the construction costs for the San 

9 Juan-Chama Project will not result in an in10 crease in the pro rata shares of other San 

11 Juan-Chama Project water contractors, but 

12 such costs shall be absorbed by the United 

13 States Treasury or otherwise appropriated to 

14 the Department of the Interior; and 

15 (C) the costs associated with any water 

16 made available from the San Juan-Chama 

17 Project which were determined nonreimbursable 

18 and nonreturnable pursuant to Public Law No. 

19 88–293, 78 Stat. 171 (March 26, 1964), shall 

20 remain nonreimbursable and nonreturnable. 

21 (2) TERMINATION.—The contract shall provide 

22 that it shall terminate only upon the following condi23 tions— 

24 (A) failure of the United States District 

25 Court for the District of New Mexico to enter 


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1 a final decree for the Aamodt Case by Decem2 ber 15, 2012, or within the time period of any 

3 extension of that deadline granted by the court; 

4 or 

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

6 District Court for the District of New Mexico 

7 voiding the final decree and Settlement Agree8 ment for the Aamodt Case pursuant to section 

9 10.3 of the Settlement Agreement. 

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

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

12 described in the Settlement Agreement. 

13 (g) FULFILLMENT OF WATER SUPPLY ACQUISITION

14 OBLIGATIONS.—Compliance with subsections (a) through 

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

16 to acquire or secure a water supply for the Pueblos pursu17 ant to the Settlement Agreement. 

18 (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE19 MENT UNAFFECTED.—Notwithstanding the provisions of 

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

21 the Regional Water Authority may acquire any additional 

22 water rights to ensure all parties to the Settlement Agree23 ment receive the full allocation of water provided by the 

24 Settlement Agreement and nothing in this Act amends or 


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1 modifies the quantities of water allocated to the Pueblos 

2 thereunder. 

3 SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 

4 WATER SYSTEM CAPACITY AND WATER. 

5 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA6 PACITY.— 

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

8 shall have the capacity to divert from the Rio 

9 Grande a quantity of water sufficient to provide— 

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

11 use of water; and 

12 (B) the requisite peaking capacity de13 scribed in— 

14 (i) the Engineering Report; and 

15 (ii) the final project design. 

16 (2) ALLOCATION TO THE PUEBLOS AND COUN17 TY WATER UTILITY.—Of the capacity described in 

18 paragraph (1)— 

19 (A) there shall be allocated to the Pueb20 los— 

21 (i) sufficient capacity for the convey22 ance of 2,500 acre-feet consumptive use; 

23 and 


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1 (ii) the requisite peaking capacity for 

2 the quantity of water described in clause 

3 (i); and 

4 (B) there shall be allocated to the County 

5 Water Utility— 

6 (i) sufficient capacity for the convey7 ance of up to 1,500 acre-feet consumptive 

8 use; and 

9 (ii) the requisite peaking capacity for 

10 the quantity of water described in clause 

11 (i). 

12 (3) APPLICABLE LAW.—Water shall be allo13 cated to the Pueblos and the County Water Utility 

14 under this subsection in accordance with— 

15 (A) this title; 

16 (B) the Settlement Agreement; and 

17 (C) the Operating Agreement. 

18 (b) DELIVERY OF REGIONAL WATER SYSTEM

19 WATER.—The Authority shall deliver water from the Re20 gional Water System— 

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

22 to allow full consumptive use of up to 2,500 acre23 feet per year of water rights by the Pueblos in ac24 cordance with— 

25 (A) the Settlement Agreement; 


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1 (B) the Operating Agreement; and 

2 (C) this title; and 

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

4 to allow full consumptive use of up to 1,500 acre5 feet per year of water rights by the County Water 

6 Utility in accordance with— 

7 (A) the Settlement Agreement; 

8 (B) the Operating Agreement; and 

9 (C) this title. 

10 (c) ADDITIONAL USE OF ALLOCATION QUANTITY

11 AND UNUSED CAPACITY.—The Regional Water System 

12 may be used to— 

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

14 allow for full consumptive use of the water allocated 

15 in the Settlement Agreement to each of the Pueblos 

16 and to the County; and 

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

18 or the County Water Utility for the benefit of an19 other Pueblo or the County Water Utility or allow 

20 use of unused capacity by each other through the 

21 Regional Water System in accordance with an inter22 governmental agreement between the Pueblos, or be23 tween a Pueblo and County Water Utility, as appli24 cable, if— 


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1 (A) such intergovernmental agreements are 

2 consistent with the Operating Agreement, the 

3 Settlement Agreement, and this Act; 

4 (B) capacity is available without reducing 

5 water delivery to any Pueblo or the County 

6 Water Utility in accordance with the Settlement 

7 Agreement, unless the County Water Utility or 

8 Pueblo contracts for a reduction in water deliv9 ery or Regional Water System capacity; 

10 (C) the Pueblo or County Water Utility 

11 contracting for use of the unused capacity or 

12 water has the right to use the water under ap13 plicable law; and 

14 (D) any agreement for the use of unused 

15 capacity or water provides for payment of the 

16 operation, maintenance, and replacement costs 

17 associated with the use of capacity or water. 

18 SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 

19 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

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

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

22 Settlement Pueblos’ Fund,’’ consisting of— 

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

24 Fund under section 107(c) or other authorized 

25 sources; and 


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1 (2) any interest earned from investment of 

2 amounts in the Fund under subsection (b). 

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

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

5 make amounts available from the Fund for distribution 

6 to the Pueblos in accordance with— 

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

9 and 

10 (2) this Act. 

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

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

13 amounts in the Fund in accordance with— 

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

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

16 1938 (25 U.S.C. 162a); and 

17 (3) the American Indian Trust Fund Manage18 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

19 (d) TRIBAL MANAGEMENT PLAN.— 

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

21 or part of the Pueblo’s portion of the Fund on ap22 proval by the Secretary of a tribal management plan 

23 as described in the American Indian Trust Fund 

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

25 et seq.). 


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1 (2) REQUIREMENTS.—In addition to the re2 quirements under the American Indian Trust Fund 

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

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

5 that a Pueblo spend any amounts withdrawn from 

6 the Fund in accordance with the purposes described 

7 in section 107(c). 

8 (3) ENFORCEMENT.—The Secretary may take 

9 judicial or administrative action to enforce the provi10 sions of any tribal management plan to ensure that 

11 any amounts withdrawn from the Fund under an 

12 approved tribal management plan are used in ac13 cordance with this title. 

14 (4) LIABILITY.—If a Pueblo or the Pueblos ex15 ercise the right to withdraw amounts from the 

16 Fund, neither the Secretary nor the Secretary of the 

17 Treasury shall retain any liability for the expendi18 ture or investment of the amounts withdrawn. 

19 (5) EXPENDITURE PLAN.— 

20 (A) IN GENERAL.—The Pueblos shall sub21 mit to the Secretary for approval an expendi22 ture plan for any portion of the amounts in the 

23 Fund that the Pueblos do not withdraw under 

24 this subsection. 


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1 (B) DESCRIPTION.—The expenditure plan 

2 shall describe the manner in which, and the 

3 purposes for which, amounts remaining in the 

4 Fund will be used. 

5 (C) APPROVAL.—On receipt of an expendi6 ture plan under subparagraph (A), the Sec7 retary shall approve the plan if the Secretary 

8 determines that the plan is reasonable and con9 sistent with this Act, the Settlement Agree10 ment, and the Cost-Sharing and System Inte11 gration Agreement. 

12 (D) ANNUAL REPORT.—The Pueblos shall 

13 submit to the Secretary an annual report that 

14 describes all expenditures from the Fund during 

15 the year covered by the report. 

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

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

18 accruing on the principal shall be distributed to any 

19 member of a Pueblo on a per capita basis. 

20 (7) AVAILABILITY OF AMOUNTS FROM THE

21 FUND.— 

22 (A) APPROVAL OF SETTLEMENT AGREE23 MENT.—Amounts made available under sub24 paragraphs (A) and (C) of section 107(c)(1) or 

25 from other authorized sources shall be available 


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1 for expenditure or withdrawal only after the 

2 date on which the United States District Court 

3 for the District of New Mexico issues an order 

4 approving the Settlement Agreement. 

5 (B) COMPLETION OF CERTAIN PORTIONS

6 OF REGIONAL WATER SYSTEM.—Amounts made 

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

8 other authorized sources shall be available for 

9 expenditure or withdrawal only after those por10 tions of the Regional Water System described 

11 in section 1.5.24 of the Settlement Agreement 

12 have been declared substantially complete by 

13 the Secretary. 

14 (C) FAILURE TO FULFILL CONDITIONS

15 PRECEDENT.—If the conditions precedent in 

16 section 203 have not been fulfilled by Sep17 tember 15, 2017, the United States shall be en18 titled to set off any funds expended or with19 drawn from the amounts appropriated pursuant 

20 to section 107(c), together with any interest ac21 crued, against any claims asserted by the Pueb22 los against the United States relating to the 

23 water rights in the Pojoaque Basin. 


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1 SEC. 106. ENVIRONMENTAL COMPLIANCE. 

2 (a) IN GENERAL.—In carrying out this title, the Sec3 retary shall comply with each law of the Federal Govern4 ment relating to the protection of the environment, includ5 ing— 

6 (1) the National Environmental Policy Act of 

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

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

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

10 (b) NATIONAL ENVIRONMENTAL POLICY ACT.— 

11 Nothing in this Act affects the outcome of any analysis 

12 conducted by the Secretary or any other Federal official 

13 under the National Environmental Policy Act of 1969 (42 

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

15 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) REGIONAL WATER SYSTEM.— 

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

18 there is authorized to be appropriated to the Sec19 retary for the planning, design, and construction of 

20 the Regional Water System and the conduct of envi21 ronmental compliance activities under section 106 an 

22 amount not to exceed $106,400,000, as adjusted 

23 under paragraph (3), for the period of fiscal years 

24 2010 through 2022, to remain available until ex25 pended. 


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

2 authorized under paragraph (1), the Secretary shall 

3 give priority to funding— 

4 (A) the construction of the San Ildefonso 

5 portion of the Regional Water System, con6 sisting of— 

7 (i) the surface water diversion, treat8 ment, and transmission facilities at San 

9 Ildefonso Pueblo; and 

10 (ii) the San Ildefonso Pueblo portion 

11 of the Pueblo Water Facilities; and 

12 (B) that part of the Regional Water Sys13 tem providing 475 acre-feet to Pojoaque Pueblo 

14 pursuant to section 2.2 of the Settlement 

15 Agreement. 

16 (3) ADJUSTMENT.—The amount authorized 

17 under paragraph (1) shall be adjusted annually to 

18 account for increases in construction costs since Oc19 tober 1, 2006, as determined using applicable engi20 neering cost indices. 

21 (4) LIMITATIONS.— 

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

23 made available under paragraph (1) for the 

24 construction of the Regional Water System 

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1 trict Court for the District of New Mexico 

2 issues an order approving the Settlement Agree3 ment. 

4 (B) RECORD OF DECISION.—No amounts 

5 made available under paragraph (1) shall be ex6 pended unless the record of decision issued by 

7 the Secretary after completion of an environ8 mental impact statement provides for a pre9 ferred alternative that is in substantial compli10 ance with the proposed Regional Water System, 

11 as defined in the Engineering Report. 

12 (b) ACQUISITION OF WATER RIGHTS.—There is au13 thorized to be appropriated to the Secretary funds for the 

14 acquisition of the water rights under section 

15 103(a)(1)(B)— 

16 (1) in the amount of $5,400,000.00 if such ac17 quisition is completed by December 31, 2010; and 

18 (2) the amount authorized under paragraph 

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

20 Index commencing January 1, 2011. 

21 (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 

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

23 appropriated to the Fund the following amounts for 

24 the period of fiscal years 2010 through 2022: 


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

2 to the Pueblos, in accordance with section 2.7.1 

3 of the Settlement Agreement, for the rehabilita4 tion, improvement, operation, maintenance, and 

5 replacement of the agricultural delivery facili6 ties, waste water systems, and other water-re7 lated infrastructure of the applicable Pueblo. 

8 The amount authorized herein shall be adjusted 

9 according to the CPI Urban Index commencing 

10 October 1, 2006. 

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

12 to an account, to be established not later than 

13 January 1, 2016, to assist the Pueblos in pay14 ing the Pueblos’ share of the cost of operating, 

15 maintaining, and replacing the Pueblo Water 

16 Facilities and the Regional Water System. 

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

18 which shall be allocated to the Pueblo of Nambe 

19 for the acquisition of the Nambe reserved water 

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

21 The amount authorized herein shall be adjusted 

22 according to the CPI Urban Index commencing 

23 January 1, 2011. The funds provided under 

24 this section may be used by the Pueblo of 

25 Nambe only for the acquisition of land, other 


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1 real property interests, or economic develop2 ment. 

3 (2) OPERATION, MAINTENANCE, AND REPLACE4 MENT COSTS.— 

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

6 the Regional Water System pursuant to section 

7 101, the Secretary is authorized to and shall 

8 pay any operation, maintenance or replacement 

9 costs associated with the Pueblo Water Facili10 ties or the Regional Water System up to an 

11 amount that does not exceed $5,000,000, which 

12 is authorized to be appropriated to the Sec13 retary. 

14 (B) OBLIGATION OF FEDERAL GOVERN15 MENT AFTER COMPLETION.—The amount au16 thorized under subparagraph (A) shall expire 

17 after the date on which construction of the Re18 gional Water System is completed and the 

19 amounts required to be deposited in the account 

20 have been deposited under this section by the 

21 Federal Government. 


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1 TITLE II—POJOAQUE BASIN IN2 DIAN WATER RIGHTS SETTLE3 MENT 

4 SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT AP5 PROVAL. 

6 (a) APPROVAL.—To the extent the Settlement Agree7 ment and the Cost-Sharing and System Integration Agree8 ment do not conflict with this Act, the Settlement Agree9 ment and the Cost-Sharing and System Integration Agree10 ment (including any amendments to the Settlement Agree11 ment and the Cost-Sharing and System Integration Agree12 ment that are executed to make the Settlement Agreement 

13 or the Cost-Sharing and System Integration Agreement 

14 consistent with this Act) are authorized, ratified, and con15 firmed. 

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

17 Agreement and the Cost-Sharing and System Integration 

18 Agreement do not conflict with this Act, the Secretary 

19 shall execute the Settlement Agreement and the Cost20 Sharing and System Integration Agreement (including 

21 any amendments that are necessary to make the Settle22 ment Agreement or the Cost-Sharing and System Integra23 tion Agreement consistent with this Act). 

24 (c) AUTHORITIES OF THE PUEBLOS.— 


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

2 enter into contracts to lease or exchange water 

3 rights or to forbear undertaking new or expanded 

4 water uses for water rights recognized in section 2.1 

5 of the Settlement Agreement for use within the 

6 Pojoaque Basin in accordance with the other limita7 tions of section 2.1.5 of the Settlement Agreement 

8 provided that section 2.1.5 is amended accordingly. 

9 (2) EXECUTION.—The Secretary shall not exe10 cute the Settlement Agreement until such amend11 ment is accomplished under paragraph (1). 

12 (3) APPROVAL BY SECRETARY.—Consistent 

13 with the Settlement Agreement as amended under 

14 paragraph (1), the Secretary shall approve or dis15 approve a lease entered into under paragraph (1). 

16 (4) PROHIBITION ON PERMANENT ALIEN17 ATION.—No lease or contract under paragraph (1) 

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

19 such lease or contract provide for permanent alien20 ation of any portion of the water rights made avail21 able to the Pueblos under the Settlement Agreement. 

22 (5) APPLICABLE LAW.—Section 2116 of the Re23 vised Statutes (25 U.S.C. 177) shall not apply to 

24 any lease or contract entered into under paragraph 

25 (1). 


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1 (6) LEASING OR MARKETING OF WATER SUP2 PLY.—The water supply provided on behalf of the 

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

4 leased or marketed by any of the Pueblos pursuant 

5 to the intergovernmental agreements described in 

6 section 104(c)(2). 

7 (d) AMENDMENTS TO CONTRACTS.—The Secretary 

8 shall amend the contracts relating to the Nambe Falls 

9 Dam and Reservoir that are necessary to use water sup10 plied from the Nambe Falls Dam and Reservoir in accord11 ance with the Settlement Agreement. 

12 SEC. 202. ENVIRONMENTAL COMPLIANCE. 

13 (a) EFFECT OF EXECUTION OF SETTLEMENT

14 AGREEMENT.—The execution of the Settlement Agree15 ment under section 201(b) shall not constitute a major 

16 Federal action under the National Environmental Policy 

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

18 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

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

20 law of the Federal Government relating to the protection 

21 of the environment, including— 

22 (1) the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.); and 

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

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


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1 SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT 

2 DATE. 

3 (a) CONDITIONS PRECEDENT.— 

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

5 conditions precedent described in paragraph (2), the 

6 Secretary shall publish in the Federal Register by 

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

8 conditions have been fulfilled. 

9 (2) REQUIREMENTS.—The conditions precedent 

10 referred to in paragraph (1) are the conditions 

11 that— 

12 (A) to the extent that the Settlement 

13 Agreement conflicts with this title, the Settle14 ment Agreement has been revised to conform 

15 with this title; 

16 (B) the Settlement Agreement, so revised, 

17 including waivers and releases pursuant to sec18 tion 204, has been executed by the appropriate 

19 parties and the Secretary; 

20 (C) Congress has fully appropriated, or the 

21 Secretary has provided from other authorized 

22 sources, all funds authorized by section 107, 

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

24 section, by December 15, 2016; 


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1 (D) the Secretary has acquired and en2 tered into appropriate contracts for the water 

3 rights described in section 103(a); 

4 (E) for purposes of section 103(a), permits 

5 have been issued by the New Mexico State En6 gineer to the Regional Water Authority to 

7 change the points of diversion to the mainstem 

8 of the Rio Grande for the diversion and con9 sumptive use of at least 2,381 acre-feet by the 

10 Pueblos as part of the water supply for the Re11 gional Water System, subject to the conditions 

12 that— 

13 (i) the permits shall be free of any 

14 condition that materially adversely affects 

15 the ability of the Pueblos or the Regional 

16 Water Authority to divert or use the Pueb17 lo water supply described in section 

18 103(a), including water rights acquired in 

19 addition to those described in section 

20 103(a), in accordance with section 103(g); 

21 and 

22 (ii) the Settlement Agreement shall 

23 establish the means to address any permit 

24 conditions to ensure the ability of the 

25 Pueblos to fully divert and consume at 


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1 least 2,381 acre-feet as part of the water 

2 supply for the Regional Water System, in3 cluding defining the conditions that will 

4 not constitute a material adverse affect; 

5 (F) the State has enacted any necessary 

6 legislation and provided any funding that may 

7 be required under the Settlement Agreement; 

8 (G) a partial final decree that sets forth 

9 the water rights and other rights to water to 

10 which the Pueblos are entitled under the Settle11 ment Agreement and this title and that sub12 stantially conforms to the Settlement Agree13 ment has been approved by the United States 

14 District Court for the District of New Mexico; 

15 and 

16 (H) a final decree that sets forth the water 

17 rights for all parties to the Aamodt Case and 

18 that substantially conforms to the Settlement 

19 Agreement has been approved by the United 

20 States District Court for the District of New 

21 Mexico by June 15, 2017. 

22 (b) EXPIRATION DATE.—If all the conditions prece23 dent described in subsection (a)(2) have not been fulfilled 

24 by September 15, 2017— 


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1 (1) the Settlement Agreement and this Act in2 cluding waivers described in those documents shall 

3 no longer be effective; and 

4 (2) any funds that have been appropriated 

5 under this Act but not expended shall immediately 

6 revert to the general fund of the United States 

7 Treasury. 

8 (c) ENFORCEMENT DATE.—The Settlement Agree9 ment shall become enforceable as of the date that the 

10 United States District Court for the District of New Mex11 ico enters a partial final decree pursuant to subsection 

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

13 with the Settlement Agreement. 

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

15 releases executed pursuant to section 204 shall become ef16 fective as of the date that the Secretary publishes the no17 tice required by subsection (a)(1). 

18 (e) REQUIREMENTS FOR DETERMINATION OF SUB19 STANTIAL COMPLETION OF THE REGIONAL WATER SYS20 TEM.— 

21 (1) CRITERIA FOR SUBSTANTIAL COMPLETION

22 OF REGIONAL WATER SYSTEM.—Subject to the pro23 visions in section 101(d) concerning the extent, size, 

24 and capacity of the County Distribution System, the 

25 Regional Water System shall be determined to be 


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1 substantially completed if the infrastructure has 

2 been constructed capable of— 

3 (A) diverting, treating, transmitting, and 

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

5 to the Pueblos; and 

6 (B) diverting, treating, and transmitting 

7 the quantity of water specified in the Engineer8 ing Report to the County Distribution System. 

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

10 2021, at the request of 1 or more of the Pueblos, 

11 the Secretary shall consult with the Pueblos and 

12 confer with the County and the State on whether the 

13 criteria in paragraph (1) for substantial completion 

14 of the Regional Water System have been met or will 

15 be met by June 30, 2024. 

16 (3) WRITTEN DETERMINATION BY SEC17 RETARY.—Not earlier than June 30, 2021, at the 

18 request of 1 or more of the Pueblos and after the 

19 consultation required by paragraph (2), the Sec20 retary shall— 

21 (A) determine whether the Regional Water 

22 System has been substantially completed based 

23 on the criteria described in paragraph (1); and 

24 (B) submit a written notice of the deter25 mination under subparagraph (A) to— 


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1 (i) the Pueblos; 

2 (ii) the County; and 

3 (iii) the State. 

4 (4) RIGHT TO REVIEW.— 

5 (A) IN GENERAL.—A determination by the 

6 Secretary under paragraph (3)(A) shall be con7 sidered to be a final agency action subject to ju8 dicial review by the Decree Court under sec9 tions 701 through 706 of title 5, United States 

10 Code. 

11 (B) FAILURE TO MAKE TIMELY DETER12 MINATION.— 

13 (i) IN GENERAL.—If a Pueblo re14 quests a written determination under para15 graph (3) and the Secretary fails to make 

16 such a written determination by the date 

17 described in clause (ii), there shall be a re18 buttable presumption that the failure con19 stitutes agency action unlawfully withheld 

20 or unreasonably delayed under section 706 

21 of title 5, United States Code. 

22 (ii) DATE.—The date referred to in 

23 clause (i) is the date that is the later of— 

24 (I) the date that is 180 days 

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1 retary of the request by the Pueblo; 

2 and 

3 (II) June 30, 2023. 

4 (C) EFFECT OF ACT.—Nothing in this Act 

5 gives any Pueblo or Settlement Party the right 

6 to judicial review of a determination of the Sec7 retary regarding whether the Regional Water 

8 System has been substantially completed except 

9 under subchapter II of chapter 5, and chapter 

10 7, of title 5, United States Code (commonly 

11 known as the ‘‘Administrative Procedure Act’’). 

12 (5) RIGHT TO VOID FINAL DECREE.— 

13 (A) IN GENERAL.—Not later than June 

14 30, 2024, on a determination by the Secretary, 

15 after consultation with the Pueblos, that the 

16 Regional Water System is not substantially 

17 complete, 1 or more of the Pueblos, or the 

18 United States acting on behalf of a Pueblo, 

19 shall have the right to notify the Decree Court 

20 of the determination. 

21 (B) EFFECT.—The Final Decree shall 

22 have no force or effect on a finding by the De23 cree Court that a Pueblo, or the United States 

24 acting on behalf of a Pueblo, has submitted 

25 proper notification under subparagraph (A). 


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1 (f) VOIDING OF WAIVERS.—If the Final Decree is 

2 void under subsection (e)(5)— 

3 (1) the Settlement Agreement shall no longer 

4 be effective; 

5 (2) the waivers and releases executed pursuant 

6 to section 204 shall no longer be effective; and 

7 (3) any unexpended Federal funds, together 

8 with any interest earned on those funds, and title to 

9 any property acquired or constructed with expended 

10 Federal funds shall be returned to the Federal Gov11 ernment, unless otherwise agreed to by the Pueblos 

12 and the United States and approved by Congress. 

13 SEC. 204. WAIVERS AND RELEASES. 

14 (a) CLAIMS BY THE PUEBLOS AND THE UNITED

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

16 rights and other benefits, including waivers and releases 

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

18 Agreement and this Act, the Pueblos, on behalf of them19 selves and their members, and the United States acting 

20 in its capacity as trustee for the Pueblos are authorized 

21 to execute a waiver and release of— 

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

23 Basin that the Pueblos, or the United States acting 

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

25 or could have asserted, in any proceeding, including 


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1 the Aamodt Case, up to and including the waiver ef2 fectiveness date identified in section 203(d), except 

3 to the extent that such rights are recognized in the 

4 Settlement Agreement or this Act; 

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

6 Pojoaque Basin and for rights to use water in the 

7 Pojoaque Basin that the Pueblos, or the United 

8 States acting in its capacity as trustee for the Pueb9 los, might be able to otherwise assert in any pro10 ceeding not initiated on or before the date of enact11 ment of this title, except to the extent that such 

12 rights are recognized in the Settlement Agreement 

13 or this Act; 

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

15 water rights or claims of interference with, diversion 

16 or taking of water (including claims for injury to 

17 land resulting from such damages, losses, injuries, 

18 interference with, diversion, or taking) for land with19 in the Pojoaque Basin that accrued at any time up 

20 to and including the waiver effectiveness date identi21 fied in section 203(d); 

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

23 claims previously asserted therein by other parties to 

24 the Settlement Agreement; 


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

2 the quantification and priority of water rights of 

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

4 provided by section 2.8 of the Settlement Agree5 ment; 

6 (6) all pending and future inter se challenges 

7 against other parties to the Settlement Agreement; 

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

9 water rights or claims of interference with, diversion 

10 or taking of water (including claims for injury to 

11 land resulting from such damages, losses, injuries, 

12 interference with, diversion, or taking of water) at13 tributable to City of Santa Fe pumping of ground14 water that has effects on the ground and surface 

15 water supplies of the Pojoaque Basin, provided that 

16 this waiver shall not be effective by the Pueblo of 

17 Tesuque unless there is a water resources agreement 

18 executed between the Pueblo of Tesuque and the 

19 City of Santa Fe; and 

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

21 water rights or claims of interference with, diversion 

22 or taking of water (including claims for injury to 

23 land resulting from such damages, losses, injuries, 

24 interference with, diversion, or taking of water) at25 tributable to County of Santa Fe pumping of 


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1 groundwater that has effects on the ground and sur2 face water supplies of the Pojoaque Basin. 

3 (b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED

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

5 members, are authorized to execute a waiver and release 

6 of— 

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

8 agencies, or employees, relating to claims for water 

9 rights in or water of the Pojoaque Basin or for 

10 rights to use water in the Pojoaque Basin that the 

11 United States acting in its capacity as trustee for 

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

13 proceeding, including the Aamodt Case; 

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

15 agencies, or employees relating to damages, losses, 

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

17 resources due to loss of water or water rights (in18 cluding damages, losses or injuries to hunting, fish19 ing, gathering or cultural rights due to loss of water 

20 or water rights; claims relating to interference with, 

21 diversion or taking of water or water rights; or 

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

23 or develop water, water rights or water infrastruc24 ture) within the Pojoaque Basin that first accrued 


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1 at any time up to and including the waiver effective2 ness date identified in section 203(d); 

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

4 agencies, or employees for an accounting of funds 

5 appropriated by Acts, including the Act of December 

6 22, 1927 (45 Stat. 2), the Act of March 4, 1929 (45 

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

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

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

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

11 1936 (49 Stat. 1757), the Act of August 9, 1937 

12 (50 Stat. 564), and the Act of May 9, 1938 (52 

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

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

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

16 breach of Trust relating to funds for water replace17 ment appropriated by said Acts that first accrued 

18 before the date of enactment of this Act; 

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

20 agencies, or employees relating to the pending litiga21 tion of claims relating to the Pueblos’ water rights 

22 in the Aamodt Case; and 

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

24 agencies, or employees relating to the negotiation, 

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1 ment, exhibits thereto, the Partial Final Decree, the 

2 Final Decree, or this Act. 

3 (c) RESERVATION OF RIGHTS AND RETENTION OF

4 CLAIMS.—Notwithstanding the waivers and releases au5 thorized in this Act, the Pueblos on behalf of themselves 

6 and their members and the United States acting in its 

7 capacity as trustee for the Pueblos retain.— 

8 (1) all claims for enforcement of the Settlement 

9 Agreement, the Cost-Sharing and System Integra10 tion Agreement, the Final Decree, including the Par11 tial Final Decree, the San Juan-Chama Project con12 tract between the Pueblos and the United States or 

13 this Act; 

14 (2) all rights to use and protect water rights ac15 quired after the date of enactment of this Act; 

16 (3) all rights to use and protect water rights ac17 quired pursuant to state law to the extent not incon18 sistent with the Partial Final Decree, Final Decree, 

19 and the Settlement Agreement; 

20 (4) all claims against persons other than Par21 ties to the Settlement Agreement for damages, losses 

22 or injuries to water rights or claims of interference 

23 with, diversion or taking of water (including claims 

24 for injury to lands resulting from such damages, 

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1 ing of water) within the Pojoaque Basin arising out 

2 of activities occurring outside the Pojoaque Basin; 

3 (5) all claims relating to activities affecting the 

4 quality of water including any claims the Pueblos 

5 may have under the Comprehensive Environmental 

6 Response, Compensation, and Liability Act of 1980 

7 (42 U.S.C. 9601 et seq.) (including claims for dam8 ages to natural resources), the Safe Drinking Water 

9 Act (42 U.S.C. 300f et seq.), the Federal Water Pol10 lution Control Act (33 U.S.C. 1251 et seq.), and the 

11 regulations implementing those laws; 

12 (6) all claims against the United States relating 

13 to damages, losses, or injuries to land or natural re14 sources not due to loss of water or water rights (in15 cluding hunting, fishing, gathering or cultural 

16 rights); 

17 (7) all claims for water rights from water 

18 sources outside the Pojoaque Basin for land outside 

19 the Pojoaque Basin owned by a Pueblo or held by 

20 the United States for the benefit of any of the Pueb21 los; and 

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

23 powers and claims not specifically waived and re24 leased pursuant to this Act or the Settlement Agree25 ment. 


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1 (d) EFFECT OF SECTION.—Nothing in the Settle2 ment Agreement or this Act— 

3 (1) affects the ability of the United States act4 ing in its sovereign capacity to take actions author5 ized by law, including any laws relating to health, 

6 safety, or the environment, including the Com7 prehensive Environmental Response, Compensation, 

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

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

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

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

12 (42 U.S.C. 6901 et seq.), and the regulations imple13 menting those laws; 

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

15 take actions acting in its capacity as trustee for any 

16 other Indian tribe or allottee; or 

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

18 (A) interpret Federal law regarding health, 

19 safety, or the environment or determine the du20 ties of the United States or other parties pursu21 ant to such Federal law; or 

22 (B) conduct judicial review of Federal 

23 agency action; 

24 (e) TOLLING OF CLAIMS.— 


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

2 limitation and time-based equitable defense relating 

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

4 the period beginning on the date of enactment of 

5 this Act and ending on June 30, 2021. 

6 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

7 this subsection revives any claim or tolls any period 

8 of limitation or time-based equitable defense that ex9 pired before the date of enactment of this Act. 

10 (3) LIMITATION.—Nothing in this section pre11 cludes the tolling of any period of limitations or any 

12 time-based equitable defense under any other appli13 cable law. 

14 SEC. 205. EFFECT. 

15 Nothing in this Act or the Settlement Agreement af16 fects the land and water rights, claims, or entitlements 

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

18 than the Pueblos. 

Passed the House of Representatives January 21, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 265 

111TH CONGRESS 

2D SESSION H. R. 3342 

AN ACT 

To authorize the Secretary of the Interior, acting 

Pojoaque, San Ildefonso, and Tesuque. water rights claims of the Pueblos of Nambe, Basin, and to approve the settlement of the velop water infrastructure in the Rio Grande through the Commissioner of Reclamation, to deFEBRUARY 1, 2010 

Read twice and placed on the calendar 


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