111TH CONGRESS 

2D SESSION H. R. 3342 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Aamodt Litigation Settlement Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means the civil action entitled State of New Mexico, 

10 ex rel. State Engineer and United States of Amer11 ica, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo 

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

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

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

15 acre-feet of water per year. 
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1 (3) AUTHORITY.—The term ‘‘Authority’’ means 

2 the Pojoaque Basin Regional Water Authority de3 scribed in section 9.5 of the Settlement Agreement 

4 or an alternate entity acceptable to the Pueblos and 

5 the County to operate and maintain the diversion 

6 and treatment facilities, certain transmission pipe7 lines, and other facilities of the Regional Water Sys8 tem. 

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

10 Santa Fe, New Mexico. 

11 (5) COST-SHARING AND SYSTEM INTEGRATION

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

13 Integration Agreement’’ means the agreement to be 

14 executed by the United States, the State, the Pueb15 los, the County, and the City that— 

16 (A) describes the location, capacity, and 

17 management (including the distribution of 

18 water to customers) of the Regional Water Sys19 tem; and 

20 (B) allocates the costs of the Regional 

21 Water System with respect to— 

22 (i) the construction, operation, main23 tenance, and repair of the Regional Water 

24 System; 
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1 (ii) rights-of-way for the Regional 

2 Water System; and 

3 (iii) the acquisition of water rights. 

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

5 Santa Fe County, New Mexico. 

6 (7) COUNTY DISTRIBUTION SYSTEM.—The term 

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

8 the Regional Water System that serves water cus9 tomers on non-Pueblo land in the Pojoaque Basin. 

10 (8) COUNTY WATER UTILITY.—The term 

11 ‘‘County Water Utility’’ means the water utility or12 ganized by the County to— 

13 (A) receive water distributed by the Au14 thority; and 

15 (B) provide the water received under sub16 paragraph (A) to customers on non-Pueblo land 

17 in the Pojoaque Basin. 

18 (9) ENGINEERING REPORT.—The term ‘‘Engi19 neering Report’’ means the report entitled 

20 ‘‘Pojoaque Regional Water System Engineering Re21 port’’ dated September 2008 and any amendments 

22 thereto, including any modifications which may be 

23 required by section 101(d)(2). 
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1 (10) FUND.—The term ‘‘Fund’’ means the 

2 Aamodt Settlement Pueblos’ Fund established by 

3 section 105(a). 

4 (11) OPERATING AGREEMENT.—The term ‘‘Op5 erating Agreement’’ means the agreement between 

6 the Pueblos and the County executed under section 

7 102(a). 

8 (12) OPERATIONS, MAINTENANCE, AND RE9 PLACEMENT COSTS.— 

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

11 maintenance, and replacement costs’’ means all 

12 costs for the operation of the Regional Water 

13 System that are necessary for the safe, effi14 cient, and continued functioning of the Regional 

15 Water System to produce the benefits described 

16 in the Settlement Agreement. 

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

18 maintenance, and replacement costs’’ does not 

19 include construction costs or costs related to 

20 construction design and planning. 

21 (13) POJOAQUE BASIN.— 

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

23 Basin’’ means the geographic area limited by a 

24 surface water divide (which can be drawn on a 

25 topographic map), within which area rainfall 
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1 and runoff flow into arroyos, drainages, and 

2 named tributaries that eventually drain to— 

3 (i) the Rio Pojoaque; or 

4 (ii) the 2 unnamed arroyos imme5 diately south; and 

6 (iii) 2 arroyos (including the Arroyo 

7 Alamo) that are north of the confluence of 

8 the Rio Pojoaque and the Rio Grande. 

9 (B) INCLUSION.—The term ‘‘Pojoaque 

10 Basin’’ includes the San Ildefonso Eastern Res11 ervation recognized by section 8 of Public Law 

12 87–231 (75 Stat. 505). 

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

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

15 or Tesuque. 

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

17 collectively the Pueblos of Nambe, Pojoaque, San 

18 Ildefonso, and Tesuque. 

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

20 means any real property that is— 

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

22 a Pueblo within the Pojoaque Basin; 

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

24 Pojoaque Basin before the date on which a 

25 court approves the Settlement Agreement; or 
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1 (ii) acquired by a Pueblo on or after the 

2 date on which a court approves the Settlement 

3 Agreement, if the real property is located— 

4 (I) within the exterior boundaries of 

5 the Pueblo, as recognized and conformed 

6 by a patent issued under the Act of De7 cember 22, 1858 (11 Stat. 374, chapter 

8 V); or 

9 (II) within the exterior boundaries of 

10 any territory set aside for the Pueblo by 

11 law, executive order, or court decree; 

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

13 United States in trust for the benefit of a 

14 Pueblo outside the Pojoaque Basin that is lo15 cated within the exterior boundaries of the 

16 Pueblo as recognized and confirmed by a patent 

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

18 Stat. 374, chapter V); or 

19 (D) within the exterior boundaries of any 

20 real property located outside the Pojoaque 

21 Basin set aside for a Pueblo by law, executive 

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

23 contiguous to land held by the United States in 

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

25 (17) PUEBLO WATER FACILITY.— 
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1 (A) IN GENERAL.—The term ‘‘Pueblo 

2 Water Facility’’ means— 

3 (i) a portion of the Regional Water 

4 System that serves only water customers 

5 on Pueblo land; and 

6 (ii) portions of a Pueblo water system 

7 in existence on the date of enactment of 

8 this Act that serve water customers on 

9 non-Pueblo land, also in existence on the 

10 date of enactment of this Act, or their suc11 cessors, that are— 

12 (I) depicted in the final project 

13 design, as modified by the drawings 

14 reflecting the completed Regional 

15 Water System; and 

16 (II) described in the Operating 

17 Agreement. 

18 (B) INCLUSIONS.—The term ‘‘Pueblo 

19 Water Facility’’ includes— 

20 (i) the barrier dam and infiltration 

21 project on the Rio Pojoaque described in 

22 the Engineering Report; and 

23 (ii) the Tesuque Pueblo infiltration 

24 pond described in the Engineering Report. 

25 (18) REGIONAL WATER SYSTEM.— 
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1 (A) IN GENERAL.—The term ‘‘Regional 

2 Water System’’ means the Regional Water Sys3 tem described in section 101(a). 

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

5 Water System’’ does not include the County or 

6 Pueblo water supply delivered through the Re7 gional Water System. 

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

9 ‘‘San Juan-Chama Project’’ means the Project au10 thorized by section 8 of the Act of June 13, 1962 

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

12 Stat. 105). 

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

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

15 8 through 18 of the Act of June 13, 1962 (76 Stat. 

16 96, 97). 

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

18 means the Secretary of the Interior. 

19 (22) SETTLEMENT AGREEMENT.—The term 

20 ‘‘Settlement Agreement’’ means the stipulated and 

21 binding agreement among the State, the Pueblos, 

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

23 January 19, 2006, and signed by all of the govern24 ment parties to the Settlement Agreement (other 
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1 than the United States) on May 3, 2006, and as 

2 amended in conformity with this Act. 

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

4 State of New Mexico. 

5 TITLE I—POJOAQUE BASIN 

6 REGIONAL WATER SYSTEM 

7 SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

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

9 Commissioner of Reclamation, shall plan, design, and con10 struct a regional water system in accordance with the Set11 tlement Agreement, to be known as the ‘‘Regional Water 

12 System’’— 

13 (1) to divert and distribute water to the Pueb14 los and to the County Water Utility, in accordance 

15 with the Engineering Report; and 

16 (2) that consists of— 

17 (A) surface water diversion facilities at 

18 San Ildefonso Pueblo on the Rio Grande; and 

19 (B) any treatment, transmission, storage 

20 and distribution facilities and wellfields for the 

21 County Distribution System and Pueblo Water 

22 Facilities that are necessary to supply 4,000 

23 acre-feet of water within the Pojoaque Basin, 

24 unless modified in accordance with subsection 

25 (d)(2). 
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1 (b) FINAL PROJECT DESIGN.—The Secretary shall 

2 issue a final project design within 90 days of completion 

3 of the environmental compliance described in section 106 

4 for the Regional Water System that— 

5 (1) is consistent with the Engineering Report; 

6 and 

7 (2) includes a description of any Pueblo Water 

8 Facilities. 

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

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

11 in exchange for the funding which shall be provided 

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

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

14 be necessary for the construction of the Regional 

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

16 extent that the State or County own easements or 

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

18 the Regional Water System, the State or County 

19 shall provide that land or interest in land as nec20 essary for construction at no cost to the Secretary. 

21 The Secretary shall acquire any other land or inter22 est in land that is necessary for the construction of 

23 the Regional Water System. 
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1 (2) WATER RIGHTS.—The Secretary shall not 

2 condemn water rights for purposes of the Regional 

3 Water System. 

4 (d) CONDITIONS FOR CONSTRUCTION.— 

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

6 begin construction of the Regional Water System fa7 cilities until the date on which— 

8 (A) the Secretary executes— 

9 (i) the Settlement Agreement; and 

10 (ii) the Cost-Sharing and System In11 tegration Agreement; and 

12 (B) the State and the County have entered 

13 into an agreement with the Secretary to con14 tribute the non-Federal share of the costs of the 

15 construction in accordance with the Cost-Shar16 ing and System Integration Agreement. 

17 (2) MODIFICATIONS TO REGIONAL WATER SYS18 TEM.— 

19 (A) IN GENERAL.—The State and the 

20 County, in agreement with the Pueblos, the 

21 City, and other signatories to the Cost-Sharing 

22 and System Integration Agreement, may modify 

23 the extent, size, and capacity of the County 

24 Distribution System as set forth in the Cost25 Sharing and System Integration Agreement. 
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1 (B) EFFECT.—A modification under sub2 paragraph (A)— 

3 (i) shall not affect implementation of 

4 the Settlement Agreement so long as the 

5 provisions in section 203 are satisfied; and 

6 (ii) may result in an adjustment of 

7 the State and County cost-share allocation 

8 as set forth in the Cost-Sharing and Sys9 tem Integration Agreement. 

10 (e) APPLICABLE LAW.—The Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 450 et seq.) 

12 shall not apply to the design and construction of the Re13 gional Water System. 

14 (f) CONSTRUCTION COSTS.— 

15 (1) PUEBLO WATER FACILITIES.— 

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

17 subparagraph (B), the expenditures of the Sec18 retary to construct the Pueblo Water Facilities 

19 under this section shall not exceed 

20 $106,400,000. 

21 (B) EXCEPTION.—The amount described 

22 in subparagraph (A) shall be increased or de23 creased, as appropriate, based on ordinary fluc24 tuations in construction costs since October 1, 
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1 2006, as determined using applicable engineer2 ing cost indices. 

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

4 the Secretary in carrying out activities to construct 

5 the Pueblo Water Facilities under this section shall 

6 not be reimbursable to the United States. 

7 (3) COUNTY DISTRIBUTION SYSTEM.—The costs 

8 of constructing the County Distribution System shall 

9 be at State and local expense. 

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

11 State and local capital obligations for the Regional Water 

12 System described in the Cost-Sharing and System Integra13 tion Agreement shall be satisfied on the payment of the 

14 State and local capital obligations described in the Cost15 Sharing and System Integration Agreement. 

16 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA17 CILITIES.— 

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

19 completion of the construction of the Regional Water 

20 System, the Secretary, in accordance with the Oper21 ating Agreement, shall convey to— 

22 (A) each Pueblo the portion of any Pueblo 

23 Water Facility that is located within the bound24 aries of the Pueblo, including any land or inter25 est in land located within the boundaries of the 
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1 Pueblo that is acquired by the United States 

2 for the construction of the Pueblo Water Facil3 ity; 

4 (B) the County the County Distribution 

5 System, including any land or interest in land 

6 acquired by the United States for the construc7 tion of the County Distribution System; and 

8 (C) the Authority any portions of the Re9 gional Water System that remain after making 

10 the conveyances under subparagraphs (A) and 

11 (B), including any land or interest in land ac12 quired by the United States for the construc13 tion of the portions of the Regional Water Sys14 tem. 

15 (2) CONDITIONS FOR CONVEYANCE.—The Sec16 retary shall not convey any portion of the Regional 

17 Water System facilities under paragraph (1) until 

18 the date on which— 

19 (A) construction of the Regional Water 

20 System is complete; and 

21 (B) the Operating Agreement is executed 

22 in accordance with section 102. 

23 (3) SUBSEQUENT CONVEYANCE.—On convey24 ance by the Secretary under paragraph (1), the 

25 Pueblos, the County, and the Authority shall not re-
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1 convey any portion of the Regional Water System 

2 conveyed to the Pueblos, the County, and the Au3 thority, respectively, unless the reconveyance is au4 thorized by an Act of Congress enacted after the 

5 date of enactment of this Act. 

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

7 conveyance of a portion of the Regional Water Sys8 tem under paragraph (1), the United States shall 

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

10 portion of the Regional Water System conveyed. 

11 (5) ADDITIONAL CONSTRUCTION.—On convey12 ance of a portion of the Regional Water System 

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

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

15 Pueblos, County, or the Authority, construct any ad16 ditional infrastructure that is necessary to fully use 

17 the water delivered by the Regional Water System. 

18 (6) LIABILITY.— 

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

20 conveyance of any land or facility under this 

21 section, the United States shall not be held lia22 ble by any court for damages of any kind aris23 ing out of any act, omission, or occurrence re24 lating to the land and facilities conveyed, other 

25 than damages caused by acts of negligence by 
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1 the United States, or by employees or agents of 

2 the United States, prior to the date of convey3 ance. 

4 (B) TORT CLAIMS.—Nothing in this sec5 tion increases the liability of the United States 

6 beyond the liability provided in chapter 171 of 

7 title 28, United States Code (commonly known 

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

9 (7) EFFECT.—Nothing in any transfer of own10 ership provided or any conveyance thereto as pro11 vided in this section shall extinguish the right of any 

12 Pueblo, the County, or the Regional Water Author13 ity to the continuous use and benefit of each ease14 ment or right of way for the use, operation, mainte15 nance, repair, and replacement of Pueblo Water Fa16 cilities, the County Distribution System or the Re17 gional Water System or for wastewater purposes as 

18 provided in the Cost-Sharing and System Integra19 tion Agreement. 

20 SEC. 102. OPERATING AGREEMENT. 

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

22 submit to the Secretary an executed Operating Agreement 

23 for the Regional Water System that is consistent with this 

24 Act, the Settlement Agreement, and the Cost-Sharing and 
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1 System Integration Agreement not later than 180 days 

2 after the later of— 

3 (1) the date of completion of environmental 

4 compliance and permitting; or 

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

6 for the Regional Water System under section 

7 101(b). 

8 (b) APPROVAL.—Not later than 180 days after re9 ceipt of the operating agreement described in subsection 

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

11 upon determination that the Operating Agreement is con12 sistent with this Act, the Settlement Agreement, and the 

13 Cost-Sharing and System Integration Agreement. 

14 (c) CONTENTS.—The Operating Agreement shall in15 clude— 

16 (1) provisions consistent with the Settlement 

17 Agreement and the Cost-Sharing and System Inte18 gration Agreement and necessary to implement the 

19 intended benefits of the Regional Water System de20 scribed in those documents; 

21 (2) provisions for— 

22 (A) the distribution of water conveyed 

23 through the Regional Water System, including 

24 a delineation of— 
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1 (i) distribution lines for the County 

2 Distribution System; 

3 (ii) distribution lines for the Pueblo 

4 Water Facilities; and 

5 (iii) distribution lines that serve 

6 both— 

7 (I) the County Distribution Sys8 tem; and 

9 (II) the Pueblo Water Facilities; 

10 (B) the allocation of the Regional Water 

11 System capacity; 

12 (C) the terms of use of unused water ca13 pacity in the Regional Water System; 

14 (D) the construction of additional infra15 structure and the acquisition of associated 

16 rights-of-way or easements necessary to enable 

17 any of the Pueblos or the County to fully use 

18 water allocated to the Pueblos or the County 

19 from the Regional Water System, including pro20 visions addressing when the construction of 

21 such additional infrastructure requires approval 

22 by the Authority; 

23 (E) the allocation and payment of annual 

24 operation, maintenance, and replacement costs 

25 for the Regional Water System, including the 
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1 portions of the Regional Water System that are 

2 used to treat, transmit, and distribute water to 

3 both the Pueblo Water Facilities and the Coun4 ty Water Utility; 

5 (F) the operation of wellfields located on 

6 Pueblo land; 

7 (G) the transfer of any water rights nec8 essary to provide the Pueblo water supply de9 scribed in section 103(a); 

10 (H) the operation of the Regional Water 

11 System with respect to the water supply, includ12 ing the allocation of the water supply in accord13 ance with section 3.1.8.4.2 of the Settlement 

14 Agreement so that, in the event of a shortage 

15 of supply to the Regional Water System, the 

16 supply to each of the Pueblos’ and to the Coun17 ty’s distribution system shall be reduced on a 

18 prorata basis, in proportion to each distribution 

19 system’s most current annual use; and 

20 (I) dispute resolution; and 

21 (3) provisions for operating and maintaining 

22 the Regional Water System facilities before and 

23 after conveyance under section 101(h), including 

24 provisions to— 

25 (A) ensure that— 
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1 (i) the operation of, and the diversion 

2 and conveyance of water by, the Regional 

3 Water System is in accordance with the 

4 Settlement Agreement; 

5 (ii) the wells in the Regional Water 

6 System are used in conjunction with the 

7 surface water supply of the Regional 

8 Water System to ensure a reliable firm 

9 supply of water to all users of the Regional 

10 Water System, consistent with the intent 

11 of the Settlement Agreement that surface 

12 supplies will be used to the maximum ex13 tent feasible; 

14 (iii) the respective obligations regard15 ing delivery, payment, operation, and man16 agement are enforceable; and 

17 (iv) the County has the right to serve 

18 any new water users located on non-Pueblo 

19 land in the Pojoaque Basin; and 

20 (B) allow for any aquifer storage and re21 covery projects that are approved by the Office 

22 of the New Mexico State Engineer. 

23 (d) EFFECT.—Nothing in this Act precludes the Op24 erating Agreement from authorizing phased or interim op-
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1 erations if the Regional Water System is constructed in 

2 phases. 

3 SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

4 THE REGIONAL WATER SYSTEM. 

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

6 reliable firm supply of water from the Regional Water Sys7 tem for the Pueblos in accordance with the Settlement 

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

9 shall— 

10 (1) acquire water rights to— 

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

12 described in section 2.6.2 of the Settlement 

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

14 and 

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

16 the County for water rights commonly referred 

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

18 Case; 

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

20 1,079 acre-feet in accordance with section 11 of the 

21 San Juan-Chama Project Act; and 

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

23 approval to divert the water acquired and made 

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

25 of diversion for the Regional Water System, con-
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1 sistent with the Settlement Agreement and the Cost2 Sharing and System Integration Agreement. 

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

4 secured by the Secretary for the Pueblos under subsection 

5 (a) shall in no event result in forfeiture, abandonment, re6 linquishment, or other loss thereof. 

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

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

9 for the Pueblos. 

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

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

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

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

14 with regard to the delivery or distribution of San Juan15 Chama Project water or the management or operation of 

16 the San Juan-Chama Project. 

17 (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT

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

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

20 Juan-Chama Project contract shall be pursuant to the fol21 lowing terms: 

22 (1) WAIVERS.—Notwithstanding the provisions 

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

24 provision of law— 
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1 (A) the Secretary shall waive the entirety 

2 of the Pueblos’ share of the construction costs 

3 for the San Juan-Chama Project, and pursuant 

4 to that waiver, the Pueblos’ share of all con5 struction costs for the San Juan-Chama 

6 Project, inclusive of both principal and interest, 

7 due from 1972 to the execution of the contract 

8 required by subsection (a)(2), shall be nonreim9 bursable; 

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

11 share of the construction costs for the San 

12 Juan-Chama Project will not result in an in13 crease in the pro rata shares of other San 

14 Juan-Chama Project water contractors, but 

15 such costs shall be absorbed by the United 

16 States Treasury or otherwise appropriated to 

17 the Department of the Interior; and 

18 (C) the costs associated with any water 

19 made available from the San Juan-Chama 

20 Project which were determined nonreimbursable 

21 and nonreturnable pursuant to Public Law No. 

22 88–293, 78 Stat. 171 (March 26, 1964), shall 

23 remain nonreimbursable and nonreturnable. 
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1 (2) TERMINATION.—The contract shall provide 

2 that it shall terminate only upon the following condi3 tions— 

4 (A) failure of the United States District 

5 Court for the District of New Mexico to enter 

6 a final decree for the Aamodt Case by Decem7 ber 15, 2012, or within the time period of any 

8 extension of that deadline granted by the court; 

9 or 

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

11 District Court for the District of New Mexico 

12 voiding the final decree and Settlement Agree13 ment for the Aamodt Case pursuant to section 

14 10.3 of the Settlement Agreement. 

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

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

17 described in the Settlement Agreement. 

18 (g) FULFILLMENT OF WATER SUPPLY ACQUISITION

19 OBLIGATIONS.—Compliance with subsections (a) through 

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

21 to acquire or secure a water supply for the Pueblos pursu22 ant to the Settlement Agreement. 

23 (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE24 MENT UNAFFECTED.—Notwithstanding the provisions of 

25 subsections (a) through (g), the Pueblos, the County or 
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1 the Regional Water Authority may acquire any additional 

2 water rights to ensure all parties to the Settlement Agree3 ment receive the full allocation of water provided by the 

4 Settlement Agreement and nothing in this Act amends or 

5 modifies the quantities of water allocated to the Pueblos 

6 thereunder. 

7 SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 

8 WATER SYSTEM CAPACITY AND WATER. 

9 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA10 PACITY.— 

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

12 shall have the capacity to divert from the Rio 

13 Grande a quantity of water sufficient to provide— 

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

15 use of water; and 

16 (B) the requisite peaking capacity de17 scribed in— 

18 (i) the Engineering Report; and 

19 (ii) the final project design. 

20 (2) ALLOCATION TO THE PUEBLOS AND COUN21 TY WATER UTILITY.—Of the capacity described in 

22 paragraph (1)— 

23 (A) there shall be allocated to the Pueb24 los— 
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1 (i) sufficient capacity for the convey2 ance of 2,500 acre-feet consumptive use; 

3 and 

4 (ii) the requisite peaking capacity for 

5 the quantity of water described in clause 

6 (i); and 

7 (B) there shall be allocated to the County 

8 Water Utility— 

9 (i) sufficient capacity for the convey10 ance of up to 1,500 acre-feet consumptive 

11 use; and 

12 (ii) the requisite peaking capacity for 

13 the quantity of water described in clause 

14 (i). 

15 (3) APPLICABLE LAW.—Water shall be allo16 cated to the Pueblos and the County Water Utility 

17 under this subsection in accordance with— 

18 (A) this title; 

19 (B) the Settlement Agreement; and 

20 (C) the Operating Agreement. 

21 (b) DELIVERY OF REGIONAL WATER SYSTEM

22 WATER.—The Authority shall deliver water from the Re23 gional Water System— 

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

25 to allow full consumptive use of up to 2,500 acre- 
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1 feet per year of water rights by the Pueblos in ac2 cordance with— 

3 (A) the Settlement Agreement; 

4 (B) the Operating Agreement; and 

5 (C) this title; and 

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

7 to allow full consumptive use of up to 1,500 acre8 feet per year of water rights by the County Water 

9 Utility in accordance with— 

10 (A) the Settlement Agreement; 

11 (B) the Operating Agreement; and 

12 (C) this title. 

13 (c) ADDITIONAL USE OF ALLOCATION QUANTITY

14 AND UNUSED CAPACITY.—The Regional Water System 

15 may be used to— 

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

17 allow for full consumptive use of the water allocated 

18 in the Settlement Agreement to each of the Pueblos 

19 and to the County; and 

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

21 or the County Water Utility for the benefit of an22 other Pueblo or the County Water Utility or allow 

23 use of unused capacity by each other through the 

24 Regional Water System in accordance with an inter25 governmental agreement between the Pueblos, or be-
29 

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1 tween a Pueblo and County Water Utility, as appli2 cable, if— 

3 (A) such intergovernmental agreements are 

4 consistent with the Operating Agreement, the 

5 Settlement Agreement, and this Act; 

6 (B) capacity is available without reducing 

7 water delivery to any Pueblo or the County 

8 Water Utility in accordance with the Settlement 

9 Agreement, unless the County Water Utility or 

10 Pueblo contracts for a reduction in water deliv11 ery or Regional Water System capacity; 

12 (C) the Pueblo or County Water Utility 

13 contracting for use of the unused capacity or 

14 water has the right to use the water under ap15 plicable law; and 

16 (D) any agreement for the use of unused 

17 capacity or water provides for payment of the 

18 operation, maintenance, and replacement costs 

19 associated with the use of capacity or water. 

20 SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 

21 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

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

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

24 Settlement Pueblos’ Fund,’’ consisting of— 
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1 (1) such amounts as are made available to the 

2 Fund under section 107(c) or other authorized 

3 sources; and 

4 (2) any interest earned from investment of 

5 amounts in the Fund under subsection (b). 

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

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

8 make amounts available from the Fund for distribution 

9 to the Pueblos in accordance with— 

10 (1) the American Indian Trust Fund Manage11 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

12 and 

13 (2) this Act. 

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

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

16 amounts in the Fund in accordance with— 

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

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

19 1938 (25 U.S.C. 162a); and 

20 (3) the American Indian Trust Fund Manage21 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

22 (d) TRIBAL MANAGEMENT PLAN.— 

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

24 or part of the Pueblo’s portion of the Fund on ap25 proval by the Secretary of a tribal management plan 
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1 as described in the American Indian Trust Fund 

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

3 et seq.). 

4 (2) REQUIREMENTS.—In addition to the re5 quirements under the American Indian Trust Fund 

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

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

8 that a Pueblo spend any amounts withdrawn from 

9 the Fund in accordance with the purposes described 

10 in section 107(c). 

11 (3) ENFORCEMENT.—The Secretary may take 

12 judicial or administrative action to enforce the provi13 sions of any tribal management plan to ensure that 

14 any amounts withdrawn from the Fund under an 

15 approved tribal management plan are used in ac16 cordance with this title. 

17 (4) LIABILITY.—If a Pueblo or the Pueblos ex18 ercise the right to withdraw amounts from the 

19 Fund, neither the Secretary nor the Secretary of the 

20 Treasury shall retain any liability for the expendi21 ture or investment of the amounts withdrawn. 

22 (5) EXPENDITURE PLAN.— 

23 (A) IN GENERAL.—The Pueblos shall sub24 mit to the Secretary for approval an expendi25 ture plan for any portion of the amounts in the 
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1 Fund that the Pueblos do not withdraw under 

2 this subsection. 

3 (B) DESCRIPTION.—The expenditure plan 

4 shall describe the manner in which, and the 

5 purposes for which, amounts remaining in the 

6 Fund will be used. 

7 (C) APPROVAL.—On receipt of an expendi8 ture plan under subparagraph (A), the Sec9 retary shall approve the plan if the Secretary 

10 determines that the plan is reasonable and con11 sistent with this Act, the Settlement Agree12 ment, and the Cost-Sharing and System Inte13 gration Agreement. 

14 (D) ANNUAL REPORT.—The Pueblos shall 

15 submit to the Secretary an annual report that 

16 describes all expenditures from the Fund during 

17 the year covered by the report. 

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

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

20 accruing on the principal shall be distributed to any 

21 member of a Pueblo on a per capita basis. 

22 (7) AVAILABILITY OF AMOUNTS FROM THE

23 FUND.— 

24 (A) APPROVAL OF SETTLEMENT AGREE25 MENT.—Amounts made available under sub-
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1 paragraphs (A) and (C) of section 107(c)(1) or 

2 from other authorized sources shall be available 

3 for expenditure or withdrawal only after the 

4 date on which the United States District Court 

5 for the District of New Mexico issues an order 

6 approving the Settlement Agreement. 

7 (B) COMPLETION OF CERTAIN PORTIONS

8 OF REGIONAL WATER SYSTEM.—Amounts made 

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

10 other authorized sources shall be available for 

11 expenditure or withdrawal only after those por12 tions of the Regional Water System described 

13 in section 1.5.24 of the Settlement Agreement 

14 have been declared substantially complete by 

15 the Secretary. 

16 (C) FAILURE TO FULFILL CONDITIONS

17 PRECEDENT.—If the conditions precedent in 

18 section 203 have not been fulfilled by Sep19 tember 15, 2017, the United States shall be en20 titled to set off any funds expended or with21 drawn from the amounts appropriated pursuant 

22 to section 107(c), together with any interest ac23 crued, against any claims asserted by the Pueb24 los against the United States relating to the 

25 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 

25 until the date on which the United States Dis-
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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 
44 

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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 
46 

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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— 
47 

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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 

25 after the date of receipt by the Sec-
48 

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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, 

25 Execution or the adoption of the Settlement Agree-
54 

•HR 3342 EH

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, 

25 losses, injuries, interference with, diversion, or tak-
55 

•HR 3342 EH

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. 
56 

•HR 3342 EH

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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•HR 3342 EH

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: 

Clerk. 
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 de-