II 

Calendar No. 266 

111TH CONGRESS 

2D SESSION H. R. 3254 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2010 

Received 

FEBRUARY 1, 2010 

Read twice and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Taos Pueblo Indian Water Rights Settlement Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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. 


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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. 

1 SEC. 2. PURPOSE. 

2 The purposes of this Act are— 

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

4 Pueblo Indian Water Rights Settlement Agreement; 

5 (2) to authorize and direct the Secretary to exe6 cute the Settlement Agreement and to perform all 

7 obligations of the Secretary under the Settlement 

8 Agreement and this Act; and 

9 (3) to authorize all actions and appropriations 

10 necessary for the United States to meet its obliga11 tions under the Settlement Agreement and this Act. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

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

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

16 Town of Taos, El Prado Water and Sanitation Dis17 trict (‘‘EPWSD’’), and the New Mexico Department 

18 of Finance and Administration Local Government 

19 Division on behalf of the Acequia Madre del Rio 

20 Lucero y del Arroyo Seco, the Acequia Madre del 

21 Prado, the Acequia del Monte, the Acequia Madre 

22 del Rio Chiquito, the Upper Ranchitos Mutual DoVerDate Nov 24 2008 23:40 Feb 01, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.PCS H3254

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1 mestic Water Consumers Association, the Upper Ar2 royo Hondo Mutual Domestic Water Consumers As3 sociation, and the Llano Quemado Mutual Domestic 

4 Water Consumers Association. 

5 (2) ENFORCEMENT DATE.—The term ‘‘Enforce6 ment Date’’ means the date upon which the Sec7 retary publishes the notice required by section 

8 10(f)(1). 

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

10 ‘‘Mutual-Benefit Projects’’ means the projects de11 scribed and identified in articles 6 and 10.1 of the 

12 Settlement Agreement. 

13 (4) PARTIAL FINAL DECREE.—The term ‘‘Par14 tial Final Decree’’ means the Decree entered in New 

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

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

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

18 Pueblo’s water right claims and which is substan19 tially in the form agreed to by the Parties and at20 tached to the Settlement Agreement as Attachment 

21 5. 

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

23 Parties to the Settlement Agreement, as identified in 

24 article 1 of the Settlement Agreement. 


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

2 Taos Pueblo, a sovereign Indian tribe duly recog3 nized by the United States of America. 

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

5 means those lands located within the Taos Valley to 

6 which the Pueblo, or the United States in its capac7 ity as trustee for the Pueblo, holds title subject to 

8 Federal law limitations on alienation. Such lands in9 clude Tracts A, B, and C, the Pueblo’s land grant, 

10 the Blue Lake Wilderness Area, and the Tenorio 

11 and Karavas Tracts and are generally depicted in 

12 Attachment 2 to the Settlement Agreement. 

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

14 ‘‘San Juan-Chama Project’’ means the Project au15 thorized by section 8 of the Act of June 13, 1962 

16 (76 Stat. 96 and 97), and the Act of April 11, 1956 

17 (70 Stat. 105). 

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

19 the Secretary of the Interior. 

20 (10) SETTLEMENT AGREEMENT.—The term 

21 ‘‘Settlement Agreement’’ means the contract dated 

22 March 31, 2006, between and among— 

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

24 capacity as trustee for Taos Pueblo; 

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


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1 (C) the State of New Mexico; 

2 (D) the Taos Valley Acequia Association 

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

4 (E) the Town of Taos; 

5 (F) EPWSD; and 

6 (G) the 12 Taos area Mutual Domestic 

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

8 as amended to conform with this Act. 

9 (11) STATE ENGINEER.—The term ‘‘State En10 gineer’’ means the New Mexico State Engineer. 

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

12 means the geographic area depicted in Attachment 4 

13 of the Settlement Agreement. 

14 SEC. 4. PUEBLO RIGHTS. 

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

16 is entitled under the Partial Final Decree shall be held 

17 in trust by the United States on behalf of the Pueblo and 

18 shall not be subject to forfeiture, abandonment, or perma19 nent alienation. 

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

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

22 trust absent its consent unless such rights are explicitly 

23 abrogated by an Act of Congress hereafter enacted. 


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1 SEC. 5. PUEBLO WATER INFRASTRUCTURE AND WATER2 SHED ENHANCEMENT. 

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

4 Commissioner of Reclamation, shall provide grants and 

5 technical assistance to the Pueblo on a nonreimbursable 

6 basis to— 

7 (1) plan, permit, design, engineer, construct, re8 construct, replace, or rehabilitate water production, 

9 treatment, and delivery infrastructure; 

10 (2) restore, preserve, and protect the environ11 ment associated with the Buffalo Pasture area; and 

12 (3) protect and enhance watershed conditions. 

13 (b) AVAILABILITY OF GRANTS.—Upon the Enforce14 ment Date, all amounts appropriated pursuant to section 

15 10(c)(1) or made available from other authorized sources, 

16 shall be available in grants to the Pueblo after the require17 ments of subsection (c) have been met. 

18 (c) PLAN.—The Secretary shall provide financial as19 sistance pursuant to subsection (a) upon the Pueblo’s sub20 mittal of a plan that identifies the projects to be imple21 mented consistent with the purposes of this section and 

22 describes how such projects are consistent with the Settle23 ment Agreement. 

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

25 $10,000,000 of the monies authorized to be appropriated 

26 pursuant to section 10(c)(1)— 


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

2 Pueblo by the Secretary upon appropriation or avail3 ability of the funds from other authorized sources; 

4 and 

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

6 Pueblo on receipt by the Secretary from the Pueblo 

7 of a written notice, a Tribal Council resolution that 

8 describes the purposes under subsection (a) for 

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

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

11 SEC. 6. TAOS PUEBLO WATER DEVELOPMENT FUND. 

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

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

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

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

16 by the Pueblo for— 

17 (1) acquiring water rights; 

18 (2) planning, permitting, designing, engineer19 ing, constructing, reconstructing, replacing, rehabili20 tating, operating, or repairing water production, 

21 treatment or delivery infrastructure, on-farm im22 provements, or wastewater infrastructure; 

23 (3) restoring, preserving and protecting the 

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1 aging and replacing the Buffalo Pasture Recharge 

2 Project; 

3 (4) administering the Pueblo’s water rights ac4 quisition program and water management and ad5 ministration system; and 

6 (5) for watershed protection and enhancement, 

7 support of agriculture, water-related Pueblo commu8 nity welfare and economic development, and costs 

9 related to the negotiation, authorization, and imple10 mentation of the Settlement Agreement. 

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

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

13 make monies available from the Fund for distribution to 

14 the Pueblo consistent with the American Indian Trust 

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

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

17 and the Settlement Agreement. 

18 (c) INVESTMENT OF THE FUND.—Upon the Enforce19 ment Date, the Secretary shall invest amounts in the 

20 Fund in accordance with— 

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

22 41, 25 U.S.C. 161); 

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

24 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 


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1 (3) the American Indian Trust Fund Manage2 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

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

4 Upon the Enforcement Date, all monies deposited in the 

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

6 other authorized sources shall be available to the Pueblo 

7 for expenditure or withdrawal after the requirements of 

8 subsection (e) have been met. 

9 (e) EXPENDITURES AND WITHDRAWAL.— 

10 (1) TRIBAL MANAGEMENT PLAN.— 

11 (A) IN GENERAL.—The Pueblo may with12 draw all or part of the Fund on approval by the 

13 Secretary of a tribal management plan as de14 scribed in the Trust Fund Reform Act. 

15 (B) REQUIREMENTS.—In addition to the 

16 requirements under the Trust Fund Reform 

17 Act, the tribal management plan shall require 

18 that the Pueblo spend any funds in accordance 

19 with the purposes described in subsection (a). 

20 (2) ENFORCEMENT.—The Secretary may take 

21 judicial or administrative action to enforce the re22 quirement that monies withdrawn from the Fund 

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

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

25 right to withdraw monies from the Fund, neither the 


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1 Secretary nor the Secretary of the Treasury shall re2 tain any liability for the expenditure or investment 

3 of the monies withdrawn. 

4 (4) EXPENDITURE PLAN.— 

5 (A) IN GENERAL.—The Pueblo shall sub6 mit to the Secretary for approval an expendi7 ture plan for any portions of the funds made 

8 available under this Act that the Pueblo does 

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

10 (B) DESCRIPTION.—The expenditure plan 

11 shall describe the manner in which, and the 

12 purposes for which, amounts remaining in the 

13 Fund will be used. 

14 (C) APPROVAL.—On receipt of an expendi15 ture plan under subparagraph (A), the Sec16 retary shall approve the plan if the Secretary 

17 determines that the plan is reasonable and con18 sistent with this Act. 

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

20 to the Secretary an annual report that describes all 

21 expenditures from the Fund during the year covered 

22 by the report. 

23 (f) FUNDS AVAILABLE UPON APPROPRIATION.—Not24 withstanding subsection (d), $15,000,000 of the monies 


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1 authorized to be appropriated pursuant to section 

2 10(c)(2)— 

3 (1) shall be available upon appropriation or 

4 made available from other authorized sources for the 

5 Pueblo’s acquisition of water rights pursuant to Ar6 ticle 5.1.1.2.3 of the Settlement Agreement, the Buf7 falo Pasture Recharge Project, implementation of 

8 the Pueblo’s water rights acquisition program and 

9 water management and administration system, the 

10 design, planning, and permitting of water or waste11 water infrastructure eligible for funding under sec12 tion 5 or 6, or costs related to the negotiation, au13 thorization, and implementation of the Settlement 

14 Agreement; and 

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

16 Pueblo on receipt by the Secretary from the Pueblo 

17 of a written notice and a Tribal Council resolution 

18 that describes the purposes under paragraph (1) for 

19 which the monies will be used. 

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

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

22 of the Pueblo. 

23 SEC. 7. MARKETING. 

24 (a) PUEBLO WATER RIGHTS.—Subject to the ap25 proval of the Secretary in accordance with subsection (e), 


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1 the Pueblo may market water rights secured to it under 

2 the Settlement Agreement and Partial Final Decree, pro3 vided that such marketing is in accordance with this sec4 tion. 

5 (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN6 CHAMA PROJECT WATER.—Subject to the approval of the 

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

8 may subcontract water made available to the Pueblo under 

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

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

11 Valley, provided that the delivery obligations under such 

12 subcontract are not inconsistent with the Secretary’s exist13 ing San Juan-Chama Project obligations and such sub14 contract is in accordance with this section. 

15 (c) LIMITATION.— 

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

17 Pueblo lands pursuant to Pueblo water rights or 

18 Pueblo contract rights to San Juan-Chama Project 

19 water shall be subject to and not inconsistent with 

20 the same requirements and conditions of State law, 

21 any applicable Federal law, and any applicable inter22 state compact as apply to the exercise of water 

23 rights or contract rights to San Juan-Chama Project 

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1 cluding all applicable State Engineer permitting and 

2 reporting requirements. 

3 (2) EFFECT ON WATER RIGHTS.—Such diver4 sion or use off Pueblo lands under paragraph (1) 

5 shall not impair water rights or increase surface 

6 water depletions within the Taos Valley. 

7 (d) MAXIMUM TERM.— 

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

9 water use lease or subcontract, including all renew10 als, shall not exceed 99 years in duration. 

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

12 not permanently alienate any rights it has under the 

13 Settlement Agreement, the Partial Final Decree, 

14 and this Act. 

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

16 approve or disapprove any lease or subcontract submitted 

17 by the Pueblo for approval not later than— 

18 (1) 180 days after submission; or 

19 (2) 60 days after compliance, if required, with 

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

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

22 other requirement of Federal law, whichever is later, 

23 provided that no Secretarial approval shall be re24 quired for any water use lease with a term of less 

25 than 7 years. 


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1 (f) NO FORFEITURE OR ABANDONMENT.—The non2 use by a lessee or subcontractor of the Pueblo of any right 

3 to which the Pueblo is entitled under the Partial Final 

4 Decree shall in no event result in a forfeiture, abandon5 ment, relinquishment, or other loss of all or any part of 

6 those rights. 

7 (g) NO PREEMPTION.— 

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

9 the Secretary provided under subsection (e) shall not 

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

11 Federal law, interstate compact, or international 

12 treaty that pertains to the Colorado River, the Rio 

13 Grande, or any of their tributaries, including the ap14 propriation, use, development, storage, regulation, 

15 allocation, conservation, exportation, or quantity of 

16 those waters. 

17 (2) APPLICABLE LAW.—The provisions of sec18 tion 2116 of the Revised Statutes (25 U.S.C. 177) 

19 shall not apply to any water made available under 

20 the Settlement Agreement. 

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

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

23 party from litigating whether or to what extent any appli24 cable State law, Federal law, or interstate compact does 


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

2 Pueblo’s water outside of New Mexico. 

3 SEC. 8. MUTUAL-BENEFIT PROJECTS. 

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

5 Secretary, acting through the Commissioner of Reclama6 tion, shall provide financial assistance in the form of 

7 grants on a nonreimbursable basis to Eligible Non-Pueblo 

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

9 the Mutual-Benefit Projects in accordance with the Settle10 ment Agreement— 

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

12 water resources by moving future non-Indian ground 

13 water pumping away from the Pueblo’s Buffalo Pas14 ture; and 

15 (2) to implement the resolution of a dispute 

16 over the allocation of certain surface water flows be17 tween the Pueblo and non-Indian irrigation water 

18 right owners in the community of Arroyo Seco 

19 Arriba. 

20 (b) COST-SHARING.— 

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

22 the total cost of planning, designing, and con23 structing the Mutual-Benefit Projects authorized in 

24 subsection (a) shall be 75 percent and shall be non25 reimbursable. 


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

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

3 constructing the Mutual-Benefit Projects shall be 25 

4 percent and may be in the form of in-kind contribu5 tions, including the contribution of any valuable 

6 asset or service that the Secretary determines would 

7 substantially contribute to completing the Mutual8 Benefit Projects. 

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

10 (a) IN GENERAL.—Contracts issued under this sec11 tion shall be in accordance with this Act and the Settle12 ment Agreement. 

13 (b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT

14 WATER.— 

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

16 into 3 repayment contracts by not later than 180 

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

18 delivery of San Juan-Chama Project water in the 

19 following amounts: 

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

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

22 Taos. 

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

24 (2) REQUIREMENTS.—Each such contract shall 

25 provide that if the conditions precedent set forth in 


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

2 31, 2016, the contract shall expire on that date. 

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

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

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

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

7 or distribution of San Juan-Chama Project water or 

8 the management or operation of the San Juan9 Chama Project. 

10 (c) WAIVER.—With respect to the contract author11 ized and required by subsection (b)(1)(A) and notwith12 standing the provisions of Public Law 87–483 (76 Stat. 

13 96) or any other provision of law— 

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

15 Pueblo’s share of the construction costs, both prin16 cipal and the interest, for the San Juan-Chama 

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

18 share of all construction costs for the San Juan19 Chama Project, inclusive of both principal and inter20 est shall be nonreimbursable; and 

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

22 of the construction costs for the San Juan-Chama 

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

24 shares of other San Juan-Chama Project water con25 tractors, but such costs shall be absorbed by the 


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1 United States Treasury or otherwise appropriated to 

2 the Department of the Interior. 

3 SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA4 TIONS, AND CONDITIONS PRECEDENT. 

5 (a) RATIFICATION.— 

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

7 any provision of the Settlement Agreement conflicts 

8 with any provision of this Act, the Settlement Agree9 ment is authorized, ratified, and confirmed. 

10 (2) AMENDMENTS.—To the extent amendments 

11 are executed to make the Settlement Agreement con12 sistent with this Act, such amendments are also au13 thorized, ratified, and confirmed. 

14 (b) EXECUTION OF SETTLEMENT AGREEMENT.—To 

15 the extent that the Settlement Agreement does not conflict 

16 with this Act, the Secretary shall execute the Settlement 

17 Agreement, including all exhibits to the Settlement Agree18 ment requiring the signature of the Secretary and any 

19 amendments necessary to make the Settlement Agreement 

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

21 Settlement Agreement and any such amendments. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) TAOS PUEBLO INFRASTRUCTURE AND WA24 TERSHED FUND.—There is authorized to be appro25 priated to the Secretary to provide grants pursuant 


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1 to section 5, $30,000,000, as adjusted under para2 graph (4), for the period of fiscal years 2010 

3 through 2016. 

4 (2) TAOS PUEBLO WATER DEVELOPMENT

5 FUND.—There is authorized to be appropriated to 

6 the Taos Pueblo Water Development Fund, estab7 lished at section 6(a), $58,000,000, as adjusted 

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

9 2010 through 2016. 

10 (3) MUTUAL-BENEFIT PROJECTS FUNDING.— 

11 There is further authorized to be appropriated to the 

12 Secretary to provide grants pursuant to section 8, a 

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

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

15 2016. 

16 (4) ADJUSTMENTS TO AMOUNTS AUTHOR17 IZED.—The amounts authorized to be appropriated 

18 under paragraphs (1) through (3) shall be adjusted 

19 by such amounts as may be required by reason of 

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

21 as indicated by engineering cost indices applicable to 

22 the types of construction or rehabilitation involved. 

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

24 to be provided to the Pueblo pursuant to section 

25 5(d), the Secretary shall deposit the funds made 


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

2 Taos Settlement Fund to be established within the 

3 Treasury of the United States so that such funds 

4 may be made available to the Pueblo and the Eligi5 ble Non-Pueblo Entities upon the Enforcement Date 

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

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

8 is authorized to enter into such agreements and to take 

9 such measures as the Secretary may deem necessary or 

10 appropriate to fulfill the intent of the Settlement Agree11 ment and this Act. 

12 (e) ENVIRONMENTAL COMPLIANCE.— 

13 (1) EFFECT OF EXECUTION OF SETTLEMENT

14 AGREEMENT.—The Secretary’s execution of the Set15 tlement Agreement shall not constitute a major Fed16 eral action under the National Environmental Policy 

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

18 (2) COMPLIANCE WITH ENVIRONMENTAL

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

20 comply with each law of the Federal Government re21 lating to the protection of the environment, includ22 ing— 

23 (A) the National Environmental Policy Act 

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


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1 (B) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.). 

3 (f) CONDITIONS PRECEDENT AND SECRETARIAL

4 FINDING.— 

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

6 conditions precedent described in paragraph (2), the 

7 Secretary shall publish in the Federal Register a 

8 statement of finding that the conditions have been 

9 fulfilled. 

10 (2) CONDITIONS.—The conditions precedent re11 ferred to in paragraph (1) are the following: 

12 (A) The President has signed into law the 

13 Taos Pueblo Indian Water Rights Settlement 

14 Act. 

15 (B) To the extent that the Settlement 

16 Agreement conflicts with this Act, the Settle17 ment Agreement has been revised to conform 

18 with this Act. 

19 (C) The Settlement Agreement, so revised, 

20 including waivers and releases pursuant to sec21 tion 11, has been executed by the Parties and 

22 the Secretary prior to the Parties’ motion for 

23 entry of the Partial Final Decree. 

24 (D) Congress has fully appropriated or the 

25 Secretary has provided from other authorized 


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1 sources all funds authorized by paragraphs (1) 

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

3 amounts so authorized have been previously 

4 provided to the Pueblo pursuant to sections 5 

5 and 6, or placed in the Taos Pueblo Water De6 velopment Fund or the Taos Settlement Fund 

7 as directed in subsection (c). 

8 (E) The Legislature of the State of New 

9 Mexico has fully appropriated the funds for the 

10 State contributions as specified in the Settle11 ment Agreement, and those funds have been de12 posited in appropriate accounts. 

13 (F) The State of New Mexico has enacted 

14 legislation that amends NMSA 1978, section 

15 72–6–3 to state that a water use due under a 

16 water right secured to the Pueblo under the 

17 Settlement Agreement or the Partial Final De18 cree may be leased for a term, including all re19 newals, not to exceed 99 years, provided that 

20 this condition shall not be construed to require 

21 that said amendment state that any State law 

22 based water rights acquired by the Pueblo or by 

23 the United States on behalf of the Pueblo may 

24 be leased for said term. 


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1 (G) A Partial Final Decree that sets forth 

2 the water rights and contract rights to water to 

3 which the Pueblo is entitled under the Settle4 ment Agreement and this Act and that substan5 tially conforms to the Settlement Agreement 

6 and Attachment 5 thereto has been approved by 

7 the Court and has become final and nonappeal8 able. 

9 (g) ENFORCEMENT DATE.—The Settlement Agree10 ment shall become enforceable, and the waivers and re11 leases executed pursuant to section 11 and the limited 

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

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

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

15 (h) EXPIRATION DATE.— 

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

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

18 fulfilled by December 31, 2016, the Settlement 

19 Agreement shall be null and void, the waivers and 

20 releases executed pursuant to section 11 and the 

21 sovereign immunity waivers in section 12(a) shall 

22 not become effective, and any unexpended Federal 

23 funds, together with any income earned thereon, and 

24 title to any property acquired or constructed with 

25 expended Federal funds, shall be returned to the 


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1 Federal Government, unless otherwise agreed to by 

2 the Parties in writing and approved by Congress. 

3 (2) EXCEPTION.—Notwithstanding subsection 

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

5 Federal funds, together with any income earned 

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

7 and title to any property acquired or constructed 

8 with expended Federal funds made available under 

9 sections 5(d) and 6(f) shall be retained by the Pueb10 lo. 

11 (3) RIGHT TO SET-OFF.—In the event the con12 ditions precedent set forth in subsection (f)(2) have 

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

14 States shall be entitled to set off any funds expended 

15 or withdrawn from the amount appropriated pursu16 ant to paragraphs (1) and (2) of subsection (c) or 

17 made available from other authorized sources, to18 gether with any interest accrued, against any claims 

19 asserted by the Pueblo against the United States re20 lating to water rights in the Taos Valley. 

21 SEC. 11. WAIVERS AND RELEASES. 

22 (a) CLAIMS BY THE PUEBLO AND THE UNITED

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

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

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


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

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

3 in its capacity as trustee for the Pueblo are authorized 

4 to execute a waiver and release of claims against the par5 ties to New Mexico v. Abeyta and New Mexico v. Arellano, 

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

7 D.N.M.) (consolidated) from— 

8 (1) all claims for water rights in the Taos Val9 ley that the Pueblo, or the United States acting in 

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

11 could have asserted, in any proceeding, including but 

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

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

14 D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli15 dated), up to and including the Enforcement Date, 

16 except to the extent that such rights are recognized 

17 in the Settlement Agreement or this Act; 

18 (2) all claims for water rights, whether for con19 sumptive or nonconsumptive use, in the Rio Grande 

20 mainstream or its tributaries that the Pueblo, or the 

21 United States acting in its capacity as trustee for 

22 the Pueblo, asserted or could assert in any water 

23 rights adjudication proceedings except those claims 

24 based on Pueblo or United States ownership of lands 

25 or water rights acquired after the Enforcement 


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1 Date, provided that nothing in this paragraph shall 

2 prevent the Pueblo or the United States from fully 

3 participating in the inter se phase of any such water 

4 rights adjudication proceedings; 

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

6 water rights or claims of interference with, diversion 

7 or taking of water (including but not limited to 

8 claims for injury to lands resulting from such dam9 ages, losses, injuries, interference with, diversion, or 

10 taking) in the Rio Grande mainstream or its tribu11 taries or for lands within the Taos Valley that ac12 crued at any time up to and including the Enforce13 ment Date; and 

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

15 its agencies, or employees relating to the negotiation 

16 or the adoption of the Settlement Agreement. 

17 (b) CLAIMS BY THE PUEBLO AGAINST THE UNITED

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

19 is authorized to execute a waiver and release of— 

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

21 agencies, or employees relating to claims for water 

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

23 States acting in its capacity as trustee for the Pueb24 lo asserted, or could have asserted, in any pro25 ceeding, including but not limited to in New Mexico 


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

2 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

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

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

5 agencies, or employees relating to damages, losses, 

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

7 resources due to loss of water or water rights (in8 cluding but not limited to damages, losses or injuries 

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

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

11 interference with, diversion or taking of water or 

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

13 acquire, replace, or develop water, water rights or 

14 water infrastructure) in the Rio Grande mainstream 

15 or its tributaries or within the Taos Valley that first 

16 accrued at any time up to and including the En17 forcement Date; 

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

19 agencies, or employees for an accounting of funds 

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

21 1562), the Act of March 4, 1931 (46 Stat. 1552), 

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

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

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

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


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

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

3 for water replacement appropriated by said Acts 

4 that first accrued before the date of enactment of 

5 this Act; 

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

7 agencies, or employees relating to the pending litiga8 tion of claims relating to the Pueblo’s water rights 

9 in New Mexico v. Abeyta and New Mexico v. 

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

11 7939–BB (U.S. D.N.M.) (consolidated); and 

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

13 agencies, or employees relating to the negotiation, 

14 Execution or the adoption of the Settlement Agree15 ment, exhibits thereto, the Final Decree, or this Act. 

16 (c) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding the waivers and releases au18 thorized in this Act, the Pueblo on behalf of itself and 

19 its members and the United States acting in its capacity 

20 as trustee for the Pueblo retain— 

21 (1) all claims for enforcement of the Settlement 

22 Agreement, the Final Decree, including the Partial 

23 Final Decree, the San Juan-Chama Project contract 

24 between the Pueblo and the United States, or this 

25 Act; 


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1 (2) all claims against persons other than the 

2 Parties to the Settlement Agreement for damages, 

3 losses or injuries to water rights or claims of inter4 ference with, diversion or taking of water rights (in5 cluding but not limited to claims for injury to lands 

6 resulting from such damages, losses, injuries, inter7 ference with, diversion, or taking of water rights) 

8 within the Taos Valley arising out of activities oc9 curring outside the Taos Valley or the Taos Valley 

10 Stream System; 

11 (3) all rights to use and protect water rights ac12 quired after the date of enactment of this Act; 

13 (4) all rights to use and protect water rights ac14 quired pursuant to State law, to the extent not in15 consistent with the Partial Final Decree and the 

16 Settlement Agreement (including water rights for 

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

18 (5) all claims relating to activities affecting the 

19 quality of water including but not limited to any 

20 claims the Pueblo might have under the Comprehen21 sive Environmental Response, Compensation, and 

22 Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in23 cluding but not limited to claims for damages to nat24 ural resources), the Safe Drinking Water Act (42 

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


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1 Control Act (33 U.S.C. 1251 et seq.), and the regu2 lations implementing those Acts; 

3 (6) all claims relating to damages, losses, or in4 juries to land or natural resources not due to loss 

5 of water or water rights (including but not limited 

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

7 and 

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

9 powers, and claims not specifically waived and re10 leased pursuant to this Act and the Settlement 

11 Agreement. 

12 (d) EFFECT OF SECTION.—Nothing in the Settle13 ment Agreement or this Act— 

14 (1) affects the ability of the United States act15 ing in its sovereign capacity to take actions author16 ized by law, including but not limited to any laws re17 lating to health, safety, or the environment, includ18 ing but not limited to the Federal Water Pollution 

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

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

21 Comprehensive Environmental Response, Compensa22 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

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

24 et seq.), and the regulations implementing such 

25 Acts; 


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

2 take actions acting in its capacity as trustee for any 

3 other Indian tribe or allottee; 

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

5 (A) interpret Federal law regarding health, 

6 safety, or the environment or determine the du7 ties of the United States or other parties pursu8 ant to such Federal law; or 

9 (B) conduct judicial review of Federal 

10 agency action; or 

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

12 in an individual capacity that does not derive from 

13 a right of the Pueblo. 

14 (e) TOLLING OF CLAIMS.— 

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

16 limitation and time-based equitable defense relating 

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

18 the period beginning on the date of enactment of 

19 this Act and ending on the earlier of— 

20 (A) December 31, 2016; or 

21 (B) the Enforcement Date. 

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

23 subsection revives any claim or tolls any period of 

24 limitation or time-based equitable defense that ex25 pired before the date of enactment of this Act. 


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1 (3) LIMITATION.—Nothing in this subsection 

2 precludes the tolling of any period of limitations or 

3 any time-based equitable defense under any other 

4 applicable law. 

5 SEC. 12. INTERPRETATION AND ENFORCEMENT. 

6 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

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

8 the Settlement Agreement brings an action in any court 

9 of competent jurisdiction over the subject matter relating 

10 only and directly to the interpretation or enforcement of 

11 the Settlement Agreement or this Act, and names the 

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

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

14 any such action, and any claim by the United States or 

15 the Pueblo to sovereign immunity from the action is 

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

17 interpretation or enforcement, and no waiver of sovereign 

18 immunity is made for any action against the United States 

19 or the Pueblo that seeks money damages. 

20 (b) SUBJECT MATTER JURISDICTION NOT AF21 FECTED.—Nothing in this Act shall be deemed as confer22 ring, restricting, enlarging, or determining the subject 

23 matter jurisdiction of any court, including the jurisdiction 

24 of the court that enters the Partial Final Decree adjudi25 cating the Pueblo’s water rights. 


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1 (c) REGULATORY AUTHORITY NOT AFFECTED.— 

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

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

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

5 SEC. 13. DISCLAIMER. 

6 Nothing in the Settlement Agreement or this Act 

7 shall be construed in any way to quantify or otherwise ad8 versely affect the land and water rights, claims, or entitle9 ments to water of any other Indian tribe. 

Passed the House of Representatives January 21, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 266 

111TH CONGRESS 

2D SESSION H. R. 3254 

AN ACT 

To approve the Taos Pueblo Indian Water Rights 

Settlement Agreement, and for other purposes. 

FEBRUARY 1, 2010 

Read twice and placed on the calendar 


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