111TH CONGRESS 

2D SESSION H. R. 3254 

AN ACT 

To approve the Taos Pueblo Indian Water Rights Settlement 

Agreement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 3254 EH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Taos Pueblo Indian Water Rights 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. Purpose. 

Sec. 3. Definitions. 

Sec. 4. Pueblo rights. 

Sec. 5. Pueblo water infrastructure and watershed enhancement. 

Sec. 6. Taos Pueblo Water Development Fund. 

Sec. 7. Marketing. 

Sec. 8. Mutual-Benefit Projects. 

Sec. 9. San Juan-Chama Project contracts. 

Sec. 10. Authorizations, ratifications, confirmations, and conditions precedent. 

Sec. 11. Waivers and releases. 

Sec. 12. Interpretation and enforcement. 

Sec. 13. Disclaimer. 

6 SEC. 2. PURPOSE. 

7 The purposes of this Act are— 

8 (1) to approve, ratify, and confirm the Taos 

9 Pueblo Indian Water Rights Settlement Agreement; 

10 (2) to authorize and direct the Secretary to exe11 cute the Settlement Agreement and to perform all 

12 obligations of the Secretary under the Settlement 

13 Agreement and this Act; and 

14 (3) to authorize all actions and appropriations 

15 necessary for the United States to meet its obliga16 tions under the Settlement Agreement and this Act. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 
3 

•HR 3254 EH

1 (1) ELIGIBLE NON-PUEBLO ENTITIES.—The 

2 term ‘‘Eligible Non-Pueblo Entities’’ means the 

3 Town of Taos, El Prado Water and Sanitation Dis4 trict (‘‘EPWSD’’), and the New Mexico Department 

5 of Finance and Administration Local Government 

6 Division on behalf of the Acequia Madre del Rio 

7 Lucero y del Arroyo Seco, the Acequia Madre del 

8 Prado, the Acequia del Monte, the Acequia Madre 

9 del Rio Chiquito, the Upper Ranchitos Mutual Do10 mestic Water Consumers Association, the Upper Ar11 royo Hondo Mutual Domestic Water Consumers As12 sociation, and the Llano Quemado Mutual Domestic 

13 Water Consumers Association. 

14 (2) ENFORCEMENT DATE.—The term ‘‘Enforce15 ment Date’’ means the date upon which the Sec16 retary publishes the notice required by section 

17 10(f)(1). 

18 (3) MUTUAL-BENEFIT PROJECTS.—The term 

19 ‘‘Mutual-Benefit Projects’’ means the projects de20 scribed and identified in articles 6 and 10.1 of the 

21 Settlement Agreement. 

22 (4) PARTIAL FINAL DECREE.—The term ‘‘Par23 tial Final Decree’’ means the Decree entered in New 

24 Mexico v. Abeyta and New Mexico v. Arellano, Civil 

25 Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
4 

•HR 3254 EH

1 D.N.M.) (consolidated), for the resolution of the 

2 Pueblo’s water right claims and which is substan3 tially in the form agreed to by the Parties and at4 tached to the Settlement Agreement as Attachment 

5 5. 

6 (5) PARTIES.—The term ‘‘Parties’’ means the 

7 Parties to the Settlement Agreement, as identified in 

8 article 1 of the Settlement Agreement. 

9 (6) PUEBLO.—The term ‘‘Pueblo’’ means the 

10 Taos Pueblo, a sovereign Indian tribe duly recog11 nized by the United States of America. 

12 (7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ 

13 means those lands located within the Taos Valley to 

14 which the Pueblo, or the United States in its capac15 ity as trustee for the Pueblo, holds title subject to 

16 Federal law limitations on alienation. Such lands in17 clude Tracts A, B, and C, the Pueblo’s land grant, 

18 the Blue Lake Wilderness Area, and the Tenorio 

19 and Karavas Tracts and are generally depicted in 

20 Attachment 2 to the Settlement Agreement. 

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

22 ‘‘San Juan-Chama Project’’ means the Project au23 thorized by section 8 of the Act of June 13, 1962 

24 (76 Stat. 96 and 97), and the Act of April 11, 1956 

25 (70 Stat. 105). 
5 

•HR 3254 EH

1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (10) SETTLEMENT AGREEMENT.—The term 

4 ‘‘Settlement Agreement’’ means the contract dated 

5 March 31, 2006, between and among— 

6 (A) the United States, acting solely in its 

7 capacity as trustee for Taos Pueblo; 

8 (B) the Taos Pueblo, on its own behalf; 

9 (C) the State of New Mexico; 

10 (D) the Taos Valley Acequia Association 

11 and its 55 member ditches (‘‘TVAA’’); 

12 (E) the Town of Taos; 

13 (F) EPWSD; and 

14 (G) the 12 Taos area Mutual Domestic 

15 Water Consumers Associations (‘‘MDWCAs’’), 

16 as amended to conform with this Act. 

17 (11) STATE ENGINEER.—The term ‘‘State En18 gineer’’ means the New Mexico State Engineer. 

19 (12) TAOS VALLEY.—The term ‘‘Taos Valley’’ 

20 means the geographic area depicted in Attachment 4 

21 of the Settlement Agreement. 

22 SEC. 4. PUEBLO RIGHTS. 

23 (a) IN GENERAL.—Those rights to which the Pueblo 

24 is entitled under the Partial Final Decree shall be held 

25 in trust by the United States on behalf of the Pueblo and 
6 

•HR 3254 EH

1 shall not be subject to forfeiture, abandonment, or perma2 nent alienation. 

3 (b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo 

4 shall not be denied all or any part of its rights held in 

5 trust absent its consent unless such rights are explicitly 

6 abrogated by an Act of Congress hereafter enacted. 

7 SEC. 5. PUEBLO WATER INFRASTRUCTURE AND WATER8 SHED ENHANCEMENT. 

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

10 Commissioner of Reclamation, shall provide grants and 

11 technical assistance to the Pueblo on a nonreimbursable 

12 basis to— 

13 (1) plan, permit, design, engineer, construct, re14 construct, replace, or rehabilitate water production, 

15 treatment, and delivery infrastructure; 

16 (2) restore, preserve, and protect the environ17 ment associated with the Buffalo Pasture area; and 

18 (3) protect and enhance watershed conditions. 

19 (b) AVAILABILITY OF GRANTS.—Upon the Enforce20 ment Date, all amounts appropriated pursuant to section 

21 10(c)(1) or made available from other authorized sources, 

22 shall be available in grants to the Pueblo after the require23 ments of subsection (c) have been met. 

24 (c) PLAN.—The Secretary shall provide financial as25 sistance pursuant to subsection (a) upon the Pueblo’s sub-
7 

•HR 3254 EH

1 mittal of a plan that identifies the projects to be imple2 mented consistent with the purposes of this section and 

3 describes how such projects are consistent with the Settle4 ment Agreement. 

5 (d) EARLY FUNDS.—Notwithstanding subsection (b), 

6 $10,000,000 of the monies authorized to be appropriated 

7 pursuant to section 10(c)(1)— 

8 (1) shall be made available in grants to the 

9 Pueblo by the Secretary upon appropriation or avail10 ability of the funds from other authorized sources; 

11 and 

12 (2) shall be distributed by the Secretary to the 

13 Pueblo on receipt by the Secretary from the Pueblo 

14 of a written notice, a Tribal Council resolution that 

15 describes the purposes under subsection (a) for 

16 which the monies will be used, and a plan under 

17 subsection (c) for this portion of the funding. 

18 SEC. 6. TAOS PUEBLO WATER DEVELOPMENT FUND. 

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

20 Treasury of the United States a fund to be known as the 

21 ‘‘Taos Pueblo Water Development Fund’’ (hereinafter, 

22 ‘‘Fund’’) to be used to pay or reimburse costs incurred 

23 by the Pueblo for— 

24 (1) acquiring water rights; 
8 

•HR 3254 EH

1 (2) planning, permitting, designing, engineer2 ing, constructing, reconstructing, replacing, rehabili3 tating, operating, or repairing water production, 

4 treatment or delivery infrastructure, on-farm im5 provements, or wastewater infrastructure; 

6 (3) restoring, preserving and protecting the 

7 Buffalo Pasture, including planning, permitting, de8 signing, engineering, constructing, operating, man9 aging and replacing the Buffalo Pasture Recharge 

10 Project; 

11 (4) administering the Pueblo’s water rights ac12 quisition program and water management and ad13 ministration system; and 

14 (5) for watershed protection and enhancement, 

15 support of agriculture, water-related Pueblo commu16 nity welfare and economic development, and costs 

17 related to the negotiation, authorization, and imple18 mentation of the Settlement Agreement. 

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

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

21 make monies available from the Fund for distribution to 

22 the Pueblo consistent with the American Indian Trust 

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

24 et seq.) (hereinafter, ‘‘Trust Fund Reform Act’’), this Act, 

25 and the Settlement Agreement. 
9 

•HR 3254 EH

1 (c) INVESTMENT OF THE FUND.—Upon the Enforce2 ment Date, the Secretary shall invest amounts in the 

3 Fund in accordance with— 

4 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 

5 41, 25 U.S.C. 161); 

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

7 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

8 (3) the American Indian Trust Fund Manage9 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

10 (d) AVAILABILITY OF AMOUNTS FROM THE FUND.— 

11 Upon the Enforcement Date, all monies deposited in the 

12 Fund pursuant to section 10(c)(2) or made available from 

13 other authorized sources shall be available to the Pueblo 

14 for expenditure or withdrawal after the requirements of 

15 subsection (e) have been met. 

16 (e) EXPENDITURES AND WITHDRAWAL.— 

17 (1) TRIBAL MANAGEMENT PLAN.— 

18 (A) IN GENERAL.—The Pueblo may with19 draw all or part of the Fund on approval by the 

20 Secretary of a tribal management plan as de21 scribed in the Trust Fund Reform Act. 

22 (B) REQUIREMENTS.—In addition to the 

23 requirements under the Trust Fund Reform 

24 Act, the tribal management plan shall require 
10 

•HR 3254 EH

1 that the Pueblo spend any funds in accordance 

2 with the purposes described in subsection (a). 

3 (2) ENFORCEMENT.—The Secretary may take 

4 judicial or administrative action to enforce the re5 quirement that monies withdrawn from the Fund 

6 are used for the purposes specified in subsection (a). 

7 (3) LIABILITY.—If the Pueblo exercises the 

8 right to withdraw monies from the Fund, neither the 

9 Secretary nor the Secretary of the Treasury shall re10 tain any liability for the expenditure or investment 

11 of the monies withdrawn. 

12 (4) EXPENDITURE PLAN.— 

13 (A) IN GENERAL.—The Pueblo shall sub14 mit to the Secretary for approval an expendi15 ture plan for any portions of the funds made 

16 available under this Act that the Pueblo does 

17 not withdraw under paragraph (1)(A). 

18 (B) DESCRIPTION.—The expenditure plan 

19 shall describe the manner in which, and the 

20 purposes for which, amounts remaining in the 

21 Fund will be used. 

22 (C) APPROVAL.—On receipt of an expendi23 ture plan under subparagraph (A), the Sec24 retary shall approve the plan if the Secretary 
11 

•HR 3254 EH

1 determines that the plan is reasonable and con2 sistent with this Act. 

3 (5) ANNUAL REPORT.—The Pueblo shall submit 

4 to the Secretary an annual report that describes all 

5 expenditures from the Fund during the year covered 

6 by the report. 

7 (f) FUNDS AVAILABLE UPON APPROPRIATION.—Not8 withstanding subsection (d), $15,000,000 of the monies 

9 authorized to be appropriated pursuant to section 

10 10(c)(2)— 

11 (1) shall be available upon appropriation or 

12 made available from other authorized sources for the 

13 Pueblo’s acquisition of water rights pursuant to Ar14 ticle 5.1.1.2.3 of the Settlement Agreement, the Buf15 falo Pasture Recharge Project, implementation of 

16 the Pueblo’s water rights acquisition program and 

17 water management and administration system, the 

18 design, planning, and permitting of water or waste19 water infrastructure eligible for funding under sec20 tion 5 or 6, or costs related to the negotiation, au21 thorization, and implementation of the Settlement 

22 Agreement; and 

23 (2) shall be distributed by the Secretary to the 

24 Pueblo on receipt by the Secretary from the Pueblo 

25 of a written notice and a Tribal Council resolution 
12 

•HR 3254 EH

1 that describes the purposes under paragraph (1) for 

2 which the monies will be used. 

3 (g) NO PER CAPITA DISTRIBUTIONS.—No part of the 

4 Fund shall be distributed on a per capita basis to members 

5 of the Pueblo. 

6 SEC. 7. MARKETING. 

7 (a) PUEBLO WATER RIGHTS.—Subject to the ap8 proval of the Secretary in accordance with subsection (e), 

9 the Pueblo may market water rights secured to it under 

10 the Settlement Agreement and Partial Final Decree, pro11 vided that such marketing is in accordance with this sec12 tion. 

13 (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN14 CHAMA PROJECT WATER.—Subject to the approval of the 

15 Secretary in accordance with subsection (e), the Pueblo 

16 may subcontract water made available to the Pueblo under 

17 the contract authorized under section 9(b)(1)(A) to third 

18 parties to supply water for use within or without the Taos 

19 Valley, provided that the delivery obligations under such 

20 subcontract are not inconsistent with the Secretary’s exist21 ing San Juan-Chama Project obligations and such sub22 contract is in accordance with this section. 

23 (c) LIMITATION.— 

24 (1) IN GENERAL.—Diversion or use of water off 

25 Pueblo lands pursuant to Pueblo water rights or 
13 

•HR 3254 EH

1 Pueblo contract rights to San Juan-Chama Project 

2 water shall be subject to and not inconsistent with 

3 the same requirements and conditions of State law, 

4 any applicable Federal law, and any applicable inter5 state compact as apply to the exercise of water 

6 rights or contract rights to San Juan-Chama Project 

7 water held by non-Federal, non-Indian entities, in8 cluding all applicable State Engineer permitting and 

9 reporting requirements. 

10 (2) EFFECT ON WATER RIGHTS.—Such diver11 sion or use off Pueblo lands under paragraph (1) 

12 shall not impair water rights or increase surface 

13 water depletions within the Taos Valley. 

14 (d) MAXIMUM TERM.— 

15 (1) IN GENERAL.—The maximum term of any 

16 water use lease or subcontract, including all renew17 als, shall not exceed 99 years in duration. 

18 (2) ALIENATION OF RIGHTS.—The Pueblo shall 

19 not permanently alienate any rights it has under the 

20 Settlement Agreement, the Partial Final Decree, 

21 and this Act. 

22 (e) APPROVAL OF SECRETARY.—The Secretary shall 

23 approve or disapprove any lease or subcontract submitted 

24 by the Pueblo for approval not later than— 

25 (1) 180 days after submission; or 
14 

•HR 3254 EH

1 (2) 60 days after compliance, if required, with 

2 section 102(2)(C) of the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or any 

4 other requirement of Federal law, whichever is later, 

5 provided that no Secretarial approval shall be re6 quired for any water use lease with a term of less 

7 than 7 years. 

8 (f) NO FORFEITURE OR ABANDONMENT.—The non9 use by a lessee or subcontractor of the Pueblo of any right 

10 to which the Pueblo is entitled under the Partial Final 

11 Decree shall in no event result in a forfeiture, abandon12 ment, relinquishment, or other loss of all or any part of 

13 those rights. 

14 (g) NO PREEMPTION.— 

15 (1) IN GENERAL.—The approval authority of 

16 the Secretary provided under subsection (e) shall not 

17 amend, construe, supersede, or preempt any State or 

18 Federal law, interstate compact, or international 

19 treaty that pertains to the Colorado River, the Rio 

20 Grande, or any of their tributaries, including the ap21 propriation, use, development, storage, regulation, 

22 allocation, conservation, exportation, or quantity of 

23 those waters. 

24 (2) APPLICABLE LAW.—The provisions of sec25 tion 2116 of the Revised Statutes (25 U.S.C. 177) 
15 

•HR 3254 EH

1 shall not apply to any water made available under 

2 the Settlement Agreement. 

3 (h) NO PREJUDICE.—Nothing in this Act shall be 

4 construed to establish, address, prejudice, or prevent any 

5 party from litigating whether or to what extent any appli6 cable State law, Federal law, or interstate compact does 

7 or does not permit, govern, or apply to the use of the 

8 Pueblo’s water outside of New Mexico. 

9 SEC. 8. MUTUAL-BENEFIT PROJECTS. 

10 (a) IN GENERAL.—Upon the Enforcement Date, the 

11 Secretary, acting through the Commissioner of Reclama12 tion, shall provide financial assistance in the form of 

13 grants on a nonreimbursable basis to Eligible Non-Pueblo 

14 Entities to plan, permit, design, engineer, and construct 

15 the Mutual-Benefit Projects in accordance with the Settle16 ment Agreement— 

17 (1) to minimize adverse impacts on the Pueblo’s 

18 water resources by moving future non-Indian ground 

19 water pumping away from the Pueblo’s Buffalo Pas20 ture; and 

21 (2) to implement the resolution of a dispute 

22 over the allocation of certain surface water flows be23 tween the Pueblo and non-Indian irrigation water 

24 right owners in the community of Arroyo Seco 

25 Arriba. 
16 

•HR 3254 EH

1 (b) COST-SHARING.— 

2 (1) FEDERAL SHARE.—The Federal share of 

3 the total cost of planning, designing, and con4 structing the Mutual-Benefit Projects authorized in 

5 subsection (a) shall be 75 percent and shall be non6 reimbursable. 

7 (2) NON-FEDERAL SHARE.—The non-Federal 

8 share of the total cost of planning, designing, and 

9 constructing the Mutual-Benefit Projects shall be 25 

10 percent and may be in the form of in-kind contribu11 tions, including the contribution of any valuable 

12 asset or service that the Secretary determines would 

13 substantially contribute to completing the Mutual14 Benefit Projects. 

15 SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS. 

16 (a) IN GENERAL.—Contracts issued under this sec17 tion shall be in accordance with this Act and the Settle18 ment Agreement. 

19 (b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT

20 WATER.— 

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

22 into 3 repayment contracts by not later than 180 

23 days after the date of enactment of this Act, for the 

24 delivery of San Juan-Chama Project water in the 

25 following amounts: 
17 

•HR 3254 EH

1 (A) 2,215 acre-feet/annum to the Pueblo. 

2 (B) 366 acre-feet/annum to the Town of 

3 Taos. 

4 (C) 40 acre-feet/annum to EPWSD. 

5 (2) REQUIREMENTS.—Each such contract shall 

6 provide that if the conditions precedent set forth in 

7 section 10(f)(2) have not been fulfilled by December 

8 31, 2016, the contract shall expire on that date. 

9 (3) APPLICABLE LAW.—Public Law 87–483 (76 

10 Stat. 97) applies to the contracts entered into under 

11 paragraph (1) and no preference shall be applied as 

12 a result of section 4(a) with regard to the delivery 

13 or distribution of San Juan-Chama Project water or 

14 the management or operation of the San Juan15 Chama Project. 

16 (c) WAIVER.—With respect to the contract author17 ized and required by subsection (b)(1)(A) and notwith18 standing the provisions of Public Law 87–483 (76 Stat. 

19 96) or any other provision of law— 

20 (1) the Secretary shall waive the entirety of the 

21 Pueblo’s share of the construction costs, both prin22 cipal and the interest, for the San Juan-Chama 

23 Project and pursuant to that waiver, the Pueblo’s 

24 share of all construction costs for the San Juan- 
18 

•HR 3254 EH

1 Chama Project, inclusive of both principal and inter2 est shall be nonreimbursable; and 

3 (2) the Secretary’s waiver of the Pueblo’s share 

4 of the construction costs for the San Juan-Chama 

5 Project will not result in an increase in the pro rata 

6 shares of other San Juan-Chama Project water con7 tractors, but such costs shall be absorbed by the 

8 United States Treasury or otherwise appropriated to 

9 the Department of the Interior. 

10 SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA11 TIONS, AND CONDITIONS PRECEDENT. 

12 (a) RATIFICATION.— 

13 (1) IN GENERAL.—Except to the extent that 

14 any provision of the Settlement Agreement conflicts 

15 with any provision of this Act, the Settlement Agree16 ment is authorized, ratified, and confirmed. 

17 (2) AMENDMENTS.—To the extent amendments 

18 are executed to make the Settlement Agreement con19 sistent with this Act, such amendments are also au20 thorized, ratified, and confirmed. 

21 (b) EXECUTION OF SETTLEMENT AGREEMENT.—To 

22 the extent that the Settlement Agreement does not conflict 

23 with this Act, the Secretary shall execute the Settlement 

24 Agreement, including all exhibits to the Settlement Agree25 ment requiring the signature of the Secretary and any 
19 

•HR 3254 EH

1 amendments necessary to make the Settlement Agreement 

2 consistent with this Act, after the Pueblo has executed the 

3 Settlement Agreement and any such amendments. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) TAOS PUEBLO INFRASTRUCTURE AND WA6 TERSHED FUND.—There is authorized to be appro7 priated to the Secretary to provide grants pursuant 

8 to section 5, $30,000,000, as adjusted under para9 graph (4), for the period of fiscal years 2010 

10 through 2016. 

11 (2) TAOS PUEBLO WATER DEVELOPMENT

12 FUND.—There is authorized to be appropriated to 

13 the Taos Pueblo Water Development Fund, estab14 lished at section 6(a), $58,000,000, as adjusted 

15 under paragraph (4), for the period of fiscal years 

16 2010 through 2016. 

17 (3) MUTUAL-BENEFIT PROJECTS FUNDING.— 

18 There is further authorized to be appropriated to the 

19 Secretary to provide grants pursuant to section 8, a 

20 total of $33,000,000, as adjusted under paragraph 

21 (4), for the period of fiscal years 2010 through 

22 2016. 

23 (4) ADJUSTMENTS TO AMOUNTS AUTHOR24 IZED.—The amounts authorized to be appropriated 

25 under paragraphs (1) through (3) shall be adjusted 
20 

•HR 3254 EH

1 by such amounts as may be required by reason of 

2 changes since April 1, 2007, in construction costs, 

3 as indicated by engineering cost indices applicable to 

4 the types of construction or rehabilitation involved. 

5 (5) DEPOSIT IN FUND.—Except for the funds 

6 to be provided to the Pueblo pursuant to section 

7 5(d), the Secretary shall deposit the funds made 

8 available pursuant to paragraphs (1) and (3) into a 

9 Taos Settlement Fund to be established within the 

10 Treasury of the United States so that such funds 

11 may be made available to the Pueblo and the Eligi12 ble Non-Pueblo Entities upon the Enforcement Date 

13 as set forth in sections 5(b) and 8(a). 

14 (d) AUTHORITY OF THE SECRETARY.—The Secretary 

15 is authorized to enter into such agreements and to take 

16 such measures as the Secretary may deem necessary or 

17 appropriate to fulfill the intent of the Settlement Agree18 ment and this Act. 

19 (e) ENVIRONMENTAL COMPLIANCE.— 

20 (1) EFFECT OF EXECUTION OF SETTLEMENT

21 AGREEMENT.—The Secretary’s execution of the Set22 tlement Agreement shall not constitute a major Fed23 eral action under the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.). 
21 

•HR 3254 EH

1 (2) COMPLIANCE WITH ENVIRONMENTAL

2 LAWS.—In carrying out this Act, the Secretary shall 

3 comply with each law of the Federal Government re4 lating to the protection of the environment, includ5 ing— 

6 (A) the National Environmental Policy Act 

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

8 (B) the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.). 

10 (f) CONDITIONS PRECEDENT AND SECRETARIAL

11 FINDING.— 

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

13 conditions precedent described in paragraph (2), the 

14 Secretary shall publish in the Federal Register a 

15 statement of finding that the conditions have been 

16 fulfilled. 

17 (2) CONDITIONS.—The conditions precedent re18 ferred to in paragraph (1) are the following: 

19 (A) The President has signed into law the 

20 Taos Pueblo Indian Water Rights Settlement 

21 Act. 

22 (B) To the extent that the Settlement 

23 Agreement conflicts with this Act, the Settle24 ment Agreement has been revised to conform 

25 with this Act. 
22 

•HR 3254 EH

1 (C) The Settlement Agreement, so revised, 

2 including waivers and releases pursuant to sec3 tion 11, has been executed by the Parties and 

4 the Secretary prior to the Parties’ motion for 

5 entry of the Partial Final Decree. 

6 (D) Congress has fully appropriated or the 

7 Secretary has provided from other authorized 

8 sources all funds authorized by paragraphs (1) 

9 through (3) of subsection (c) so that the entire 

10 amounts so authorized have been previously 

11 provided to the Pueblo pursuant to sections 5 

12 and 6, or placed in the Taos Pueblo Water De13 velopment Fund or the Taos Settlement Fund 

14 as directed in subsection (c). 

15 (E) The Legislature of the State of New 

16 Mexico has fully appropriated the funds for the 

17 State contributions as specified in the Settle18 ment Agreement, and those funds have been de19 posited in appropriate accounts. 

20 (F) The State of New Mexico has enacted 

21 legislation that amends NMSA 1978, section 

22 72–6–3 to state that a water use due under a 

23 water right secured to the Pueblo under the 

24 Settlement Agreement or the Partial Final De25 cree may be leased for a term, including all re-
23 

•HR 3254 EH

1 newals, not to exceed 99 years, provided that 

2 this condition shall not be construed to require 

3 that said amendment state that any State law 

4 based water rights acquired by the Pueblo or by 

5 the United States on behalf of the Pueblo may 

6 be leased for said term. 

7 (G) A Partial Final Decree that sets forth 

8 the water rights and contract rights to water to 

9 which the Pueblo is entitled under the Settle10 ment Agreement and this Act and that substan11 tially conforms to the Settlement Agreement 

12 and Attachment 5 thereto has been approved by 

13 the Court and has become final and nonappeal14 able. 

15 (g) ENFORCEMENT DATE.—The Settlement Agree16 ment shall become enforceable, and the waivers and re17 leases executed pursuant to section 11 and the limited 

18 waiver of sovereign immunity set forth in section 12(a) 

19 shall become effective, as of the date that the Secretary 

20 publishes the notice required by subsection (f)(1). 

21 (h) EXPIRATION DATE.— 

22 (1) IN GENERAL.—If all of the conditions 

23 precedent described in section (f)(2) have not been 

24 fulfilled by December 31, 2016, the Settlement 

25 Agreement shall be null and void, the waivers and 
24 

•HR 3254 EH

1 releases executed pursuant to section 11 and the 

2 sovereign immunity waivers in section 12(a) shall 

3 not become effective, and any unexpended Federal 

4 funds, together with any income earned thereon, and 

5 title to any property acquired or constructed with 

6 expended Federal funds, shall be returned to the 

7 Federal Government, unless otherwise agreed to by 

8 the Parties in writing and approved by Congress. 

9 (2) EXCEPTION.—Notwithstanding subsection 

10 (h)(1) or any other provision of law, any unexpended 

11 Federal funds, together with any income earned 

12 thereon, made available under sections 5(d) and 6(f) 

13 and title to any property acquired or constructed 

14 with expended Federal funds made available under 

15 sections 5(d) and 6(f) shall be retained by the Pueb16 lo. 

17 (3) RIGHT TO SET-OFF.—In the event the con18 ditions precedent set forth in subsection (f)(2) have 

19 not been fulfilled by December 31, 2016, the United 

20 States shall be entitled to set off any funds expended 

21 or withdrawn from the amount appropriated pursu22 ant to paragraphs (1) and (2) of subsection (c) or 

23 made available from other authorized sources, to24 gether with any interest accrued, against any claims 
25 

•HR 3254 EH

1 asserted by the Pueblo against the United States re2 lating to water rights in the Taos Valley. 

3 SEC. 11. WAIVERS AND RELEASES. 

4 (a) CLAIMS BY THE PUEBLO AND THE UNITED

5 STATES.—In return for recognition of the Pueblo’s water 

6 rights and other benefits, including but not limited to the 

7 commitments by non-Pueblo parties, as set forth in the 

8 Settlement Agreement and this Act, the Pueblo, on behalf 

9 of itself and its members, and the United States acting 

10 in its capacity as trustee for the Pueblo are authorized 

11 to execute a waiver and release of claims against the par12 ties to New Mexico v. Abeyta and New Mexico v. Arellano, 

13 Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

14 D.N.M.) (consolidated) from— 

15 (1) all claims for water rights in the Taos Val16 ley that the Pueblo, or the United States acting in 

17 its capacity as trustee for the Pueblo, asserted, or 

18 could have asserted, in any proceeding, including but 

19 not limited to in New Mexico v. Abeyta and New 

20 Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 

21 D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli22 dated), up to and including the Enforcement Date, 

23 except to the extent that such rights are recognized 

24 in the Settlement Agreement or this Act; 
26 

•HR 3254 EH

1 (2) all claims for water rights, whether for con2 sumptive or nonconsumptive use, in the Rio Grande 

3 mainstream or its tributaries that the Pueblo, or the 

4 United States acting in its capacity as trustee for 

5 the Pueblo, asserted or could assert in any water 

6 rights adjudication proceedings except those claims 

7 based on Pueblo or United States ownership of lands 

8 or water rights acquired after the Enforcement 

9 Date, provided that nothing in this paragraph shall 

10 prevent the Pueblo or the United States from fully 

11 participating in the inter se phase of any such water 

12 rights adjudication proceedings; 

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

14 water rights or claims of interference with, diversion 

15 or taking of water (including but not limited to 

16 claims for injury to lands resulting from such dam17 ages, losses, injuries, interference with, diversion, or 

18 taking) in the Rio Grande mainstream or its tribu19 taries or for lands within the Taos Valley that ac20 crued at any time up to and including the Enforce21 ment Date; and 

22 (4) all claims against the State of New Mexico, 

23 its agencies, or employees relating to the negotiation 

24 or the adoption of the Settlement Agreement. 
27 

•HR 3254 EH

1 (b) CLAIMS BY THE PUEBLO AGAINST THE UNITED

2 STATES.—The Pueblo, on behalf of itself and its members, 

3 is authorized to execute a waiver and release of— 

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

5 agencies, or employees relating to claims for water 

6 rights in or water of the Taos Valley that the United 

7 States acting in its capacity as trustee for the Pueb8 lo asserted, or could have asserted, in any pro9 ceeding, including but not limited to in New Mexico 

10 v. Abeyta and New Mexico v. Arellano, Civil Nos. 

11 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

12 D.N.M.) (consolidated); 

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

14 agencies, or employees relating to damages, losses, 

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

16 resources due to loss of water or water rights (in17 cluding but not limited to damages, losses or injuries 

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

19 to loss of water or water rights, claims relating to 

20 interference with, diversion or taking of water or 

21 water rights, or claims relating to failure to protect, 

22 acquire, replace, or develop water, water rights or 

23 water infrastructure) in the Rio Grande mainstream 

24 or its tributaries or within the Taos Valley that first 
28 

•HR 3254 EH

1 accrued at any time up to and including the En2 forcement Date; 

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

4 agencies, or employees for an accounting of funds 

5 appropriated by the Act of March 4, 1929 (45 Stat. 

6 1562), the Act of March 4, 1931 (46 Stat. 1552), 

7 the Act of June 22, 1936 (49 Stat. 1757), the Act 

8 of August 9, 1937 (50 Stat. 564), and the Act of 

9 May 9, 1938 (52 Stat. 291), as authorized by the 

10 Pueblo Lands Act of June 7, 1924 (43 Stat. 636), 

11 and the Pueblo Lands Act of May 31, 1933 (48 

12 Stat. 108), and for breach of trust relating to funds 

13 for water replacement appropriated by said Acts 

14 that first accrued before the date of enactment of 

15 this Act; 

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

17 agencies, or employees relating to the pending litiga18 tion of claims relating to the Pueblo’s water rights 

19 in New Mexico v. Abeyta and New Mexico v. 

20 Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and 

21 7939–BB (U.S. D.N.M.) (consolidated); and 

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

23 agencies, or employees relating to the negotiation, 

24 Execution or the adoption of the Settlement Agree25 ment, exhibits thereto, the Final Decree, or this Act. 
29 

•HR 3254 EH

1 (c) RESERVATION OF RIGHTS AND RETENTION OF

2 CLAIMS.—Notwithstanding the waivers and releases au3 thorized in this Act, the Pueblo on behalf of itself and 

4 its members and the United States acting in its capacity 

5 as trustee for the Pueblo retain— 

6 (1) all claims for enforcement of the Settlement 

7 Agreement, the Final Decree, including the Partial 

8 Final Decree, the San Juan-Chama Project contract 

9 between the Pueblo and the United States, or this 

10 Act; 

11 (2) all claims against persons other than the 

12 Parties to the Settlement Agreement for damages, 

13 losses or injuries to water rights or claims of inter14 ference with, diversion or taking of water rights (in15 cluding but not limited to claims for injury to lands 

16 resulting from such damages, losses, injuries, inter17 ference with, diversion, or taking of water rights) 

18 within the Taos Valley arising out of activities oc19 curring outside the Taos Valley or the Taos Valley 

20 Stream System; 

21 (3) all rights to use and protect water rights ac22 quired after the date of enactment of this Act; 

23 (4) all rights to use and protect water rights ac24 quired pursuant to State law, to the extent not in25 consistent with the Partial Final Decree and the 
30 

•HR 3254 EH

1 Settlement Agreement (including water rights for 

2 the land the Pueblo owns in Questa, New Mexico); 

3 (5) all claims relating to activities affecting the 

4 quality of water including but not limited to any 

5 claims the Pueblo might have under the Comprehen6 sive Environmental Response, Compensation, and 

7 Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in8 cluding but not limited to claims for damages to nat9 ural resources), the Safe Drinking Water Act (42 

10 U.S.C. 300f et seq.), the Federal Water Pollution 

11 Control Act (33 U.S.C. 1251 et seq.), and the regu12 lations implementing those Acts; 

13 (6) all claims relating to damages, losses, or in14 juries to land or natural resources not due to loss 

15 of water or water rights (including but not limited 

16 to hunting, fishing, gathering, or cultural rights); 

17 and 

18 (7) all rights, remedies, privileges, immunities, 

19 powers, and claims not specifically waived and re20 leased pursuant to this Act and the Settlement 

21 Agreement. 

22 (d) EFFECT OF SECTION.—Nothing in the Settle23 ment Agreement or this Act— 

24 (1) affects the ability of the United States act25 ing in its sovereign capacity to take actions author-
31 

•HR 3254 EH

1 ized by law, including but not limited to any laws re2 lating to health, safety, or the environment, includ3 ing but not limited to the Federal Water Pollution 

4 Control Act (33 U.S.C. 1251 et seq.), the Safe 

5 Drinking Water Act (42 U.S.C. 300f et seq.), the 

6 Comprehensive Environmental Response, Compensa7 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

8 seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 

9 et seq.), and the regulations implementing such 

10 Acts; 

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

12 take actions acting in its capacity as trustee for any 

13 other Indian tribe or allottee; 

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

15 (A) interpret Federal law regarding health, 

16 safety, or the environment or determine the du17 ties of the United States or other parties pursu18 ant to such Federal law; or 

19 (B) conduct judicial review of Federal 

20 agency action; or 

21 (4) waives any claim of a member of the Pueblo 

22 in an individual capacity that does not derive from 

23 a right of the Pueblo. 

24 (e) TOLLING OF CLAIMS.— 
32 

•HR 3254 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 the earlier of— 

6 (A) December 31, 2016; or 

7 (B) the Enforcement Date. 

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

9 subsection revives any claim or tolls any period of 

10 limitation or time-based equitable defense that ex11 pired before the date of enactment of this Act. 

12 (3) LIMITATION.—Nothing in this subsection 

13 precludes the tolling of any period of limitations or 

14 any time-based equitable defense under any other 

15 applicable law. 

16 SEC. 12. INTERPRETATION AND ENFORCEMENT. 

17 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

18 Upon and after the Enforcement Date, if any Party to 

19 the Settlement Agreement brings an action in any court 

20 of competent jurisdiction over the subject matter relating 

21 only and directly to the interpretation or enforcement of 

22 the Settlement Agreement or this Act, and names the 

23 United States or the Pueblo as a party, then the United 

24 States, the Pueblo, or both may be added as a party to 

25 any such action, and any claim by the United States or 
33 

•HR 3254 EH

1 the Pueblo to sovereign immunity from the action is 

2 waived, but only for the limited and sole purpose of such 

3 interpretation or enforcement, and no waiver of sovereign 

4 immunity is made for any action against the United States 

5 or the Pueblo that seeks money damages. 

6 (b) SUBJECT MATTER JURISDICTION NOT AF7 FECTED.—Nothing in this Act shall be deemed as confer8 ring, restricting, enlarging, or determining the subject 

9 matter jurisdiction of any court, including the jurisdiction 

10 of the court that enters the Partial Final Decree adjudi11 cating the Pueblo’s water rights. 

12 (c) REGULATORY AUTHORITY NOT AFFECTED.— 

13 Nothing in this Act shall be deemed to determine or limit 

14 any authority of the State or the Pueblo to regulate or 

15 administer waters or water rights now or in the future. 

16 SEC. 13. DISCLAIMER. 

17 Nothing in the Settlement Agreement or this Act 

18 shall be construed in any way to quantify or otherwise ad19 versely affect the land and water rights, claims, or entitle20 ments to water of any other Indian tribe. 

Passed the House of Representatives January 21, 

2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 3254 

AN ACT 

To approve the Taos Pueblo Indian Water Rights 

Settlement Agreement, and for other purposes.