I 
119TH CONGRESS 
1ST SESSION H. R. 2025 
To provide for the settlement of the water rights claims of the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2025 
Mr. CISCOMANI (for himself, Mr. STANTON, Ms. ANSARI, Mr. GRIJALVA, Mr. 
CRANE, and Mr. SCHWEIKERT) introduced the following bill; which was 
referred to the Committee on Natural Resources 
A BILL 
To provide for the settlement of the water rights claims 
of the Navajo Nation, the Hopi Tribe, and the San 
Juan Southern Paiute Tribe, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Northeastern Arizona Indian Water Rights Settlement 
Act of 2025’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Ratification and execution of the Northeastern Arizona Indian Water 
Rights Settlement Agreement. 
Sec. 5. Water Rights. 
Sec. 6. Allocation and assignment of Arizona Colorado River Water to the 
Tribes; water use; storage; water delivery contracts. 
Sec. 7. Colorado River Water leases and exchanges; Uses. 
Sec. 8. iina´ ba´ – paa tuwaqat’si pipeline. 
Sec. 9. iina´ ba´ – paa tuwaqat’si pipeline Implementation Fund Account. 
Sec. 10. Navajo Nation Water Settlement Trust Fund. 
Sec. 11. Hopi Tribe Water Settlement Trust Fund. 
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund. 
Sec. 13. Funding. 
Sec. 14. Waivers, releases, and retention of claims. 
Sec. 15. Satisfaction of Water Rights and other benefits. 
Sec. 16. Enforceability Date. 
Sec. 17. Colorado River accounting. 
Sec. 18. Limited waiver of sovereign immunity. 
Sec. 19. Ratification of the Treaty and creation of the San Juan Southern Pai-
ute Reservation. 
Sec. 20. Authorization for use of Navajo-Gallup Water Supply Project facilities. 
Sec. 21. Antideficiency; savings provisions; effect. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to rights to water in the State 
for— 
(A) the Navajo Nation and Navajo 
Allottees; 
(B) the Hopi Tribe and Hopi Allottees; 
(C) the San Juan Southern Paiute Tribe; 
and 
(D) the United States, acting as trustee 
for the Navajo Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, Navajo Allottees, 
and Hopi Allottees; 
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(2) to authorize, ratify, and confirm the North-
eastern Arizona Indian Water Rights Settlement 
Agreement entered into by the Navajo Nation, the 
Hopi Tribe, the San Juan Southern Paiute Tribe, 
the State, and other Parties to the extent that the 
Settlement Agreement is consistent with this Act; 
(3) to authorize and direct the Secretary to exe-
cute and perform the duties and obligations of the 
Secretary under the Settlement Agreement and this 
Act; and 
(4) to authorize and appropriate funds nec-
essary for the implementation of the Settlement 
Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 1882 RESERVATION.—The term ‘‘1882 Res-
ervation’’ means— 
(A) land within the exterior boundaries of 
the ‘‘Hopi Indian Reservation’’ defined as Dis-
trict 6 in Healing v. Jones, 210 F. Supp. 125, 
173 (D. Ariz. 1962), aff’d, 373 U.S. 758 
(1963), and Masayesva for and on Behalf of 
Hopi Indian Tribe v. Hale, 118 F.3d 1371, 
1375–76 (9th Cir. 1997); and 
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(B) all land withdrawn by the Executive 
order of December 16, 1882, and partitioned to 
the Hopi Tribe in accordance with section 4 of 
the Act of December 22, 1974 (Public Law 93– 
531; 88 Stat. 1713), by Judgment of Partition, 
February 10, 1977, Sekaquaptewa v. Mac-
Donald, Case No. CIV–579–PCT–JAW (D. 
Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980). 
(2) AFY.—The term ‘‘AFY’’ means acre-feet 
per year. 
(3) ARIZONA COLORADO RIVER WATER.— 
(A) IN
GENERAL.—The term ‘‘Arizona 
Colorado River Water’’ means the waters of the 
Colorado River apportioned for Use within the 
State by— 
(i) sections 4 and 5 of the Boulder 
Canyon Project Act (43 U.S.C. 617c, 
617d); 
(ii) the Upper Colorado River Basin 
Compact of 1948; 
(iii) the contract for delivery of water 
between the United States and the State, 
dated February 9, 1944; and 
(iv) the Decree. 
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(B) LIMITATIONS.—The term ‘‘Arizona 
Colorado River Water’’— 
(i) shall only be used for purposes of 
interpreting the Settlement Agreement and 
this Act; and 
(ii) shall not be used for any interpre-
tation of existing law or contract, including 
any law or contract described in clauses (i) 
through (iv) of subparagraph (A). 
(4) ARIZONA
DEPARTMENT
OF
WATER
RE-
SOURCES.—The term ‘‘Arizona Department of 
Water Resources’’ means the agency of the State es-
tablished pursuant to section 45–102 of the Arizona 
Revised Statutes, or a successor agency or entity. 
(5) ARIZONA LOWER BASIN COLORADO RIVER 
WATER.—The term ‘‘Arizona Lower Basin Colorado 
River Water’’ means the 2,800,000 AFY of con-
sumptive use of Colorado River Water apportioned 
to the State in article II(B)(1) of the Decree. 
(6) ARIZONA UPPER BASIN COLORADO RIVER 
WATER.—The term ‘‘Arizona Upper Basin Colorado 
River Water’’ means the 50,000 AFY of consump-
tive use of Colorado River Water apportioned to the 
State in the Upper Colorado River Basin Compact 
of 1948. 
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(7) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(8) CAP; CENTRAL
ARIZONA
PROJECT.—The 
terms ‘‘CAP’’ and ‘‘Central Arizona Project’’ mean 
the Federal reclamation project authorized and con-
structed by the United States in accordance with 
title III of the Colorado River Basin Project Act (43 
U.S.C. 1521 et seq.). 
(9) CAP REPAYMENT
CONTRACT.—The term 
‘‘CAP Repayment Contract’’ means— 
(A) the contract dated December 1, 1988 
(Contract No. 14–06–W–245, Amendment No. 
1), between the United States and the Central 
Arizona Water Conservation District for the de-
livery of water and the repayment of costs of 
the Central Arizona Project; and 
(B) any amendment to, or revision of, that 
contract. 
(10) CAWCD; CENTRAL ARIZONA WATER CON-
SERVATION DISTRICT.—The terms ‘‘CAWCD’’ and 
‘‘Central Arizona Water Conservation District’’ 
mean the political subdivision of the State that is 
the contractor under the CAP Repayment Contract. 
(11) 
CIBOLA
WATER.—The 
term 
‘‘Cibola 
Water’’ means the entitlement of the Hopi Tribe to 
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the diversion of up to 4,278 AFY of the Fourth Pri-
ority Water described in the Hopi Tribe Existing 
Cibola Contract. 
(12) COLORADO
RIVER
COMPACT.—The term 
‘‘Colorado River Compact’’ means the Colorado 
River Compact of 1922, as ratified and reprinted in 
article 2 of chapter 7 of title 45, Arizona Revised 
Statutes. 
(13) COLORADO
RIVER
SYSTEM.—The term 
‘‘Colorado River System’’ has the meaning given the 
term in article II(a) of the Colorado River Compact. 
(14) DECREE.—The term ‘‘Decree’’, when used 
without a modifier, means— 
(A) the decree of the Supreme Court of the 
United States in Arizona v. California, 376 
U.S. 340 (1964) or the consolidated decree en-
tered on March 27, 2006, in Arizona v. Cali-
fornia, 547 U.S. 150 (2006); and 
(B) any modification to a decree described 
in subparagraph (A). 
(15) DIVERSION.—The term ‘‘diversion’’ means 
an act to divert. 
(16) DIVERT.—The term ‘‘divert’’ means to re-
ceive, withdraw, develop, produce, or capture water 
using— 
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(A) a ditch, canal, flume, bypass, pipeline, 
pit, collection or infiltration gallery, conduit, 
well, pump, turnout, dam, or any other mechan-
ical device; or 
(B) any other human act to capture water. 
(17) EFFECTIVE DATE.—The term ‘‘Effective 
Date’’ means the date as of which the Settlement 
Agreement has been executed by not fewer than 30 
of the Parties, including— 
(A) the Navajo Nation; 
(B) the Hopi Tribe; 
(C) the San Juan Southern Paiute Tribe; 
(D) the State; 
(E) the Arizona State Land Department; 
(F) the Central Arizona Water Conserva-
tion District; 
(G) the Salt River Project Agricultural Im-
provement and Power District; and 
(H) the Salt River Valley Water Users’ As-
sociation. 
(18) EFFLUENT.—The term ‘‘Effluent’’ means 
water that— 
(A) has been used in the State for domes-
tic, municipal, or industrial purposes, other 
than solely for hydropower generation; and 
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(B) is available for reuse for any purpose, 
regardless of whether the water has been treat-
ed to improve the quality of the water. 
(19) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 16(a). 
(20) FIFTH
PRIORITY
WATER.—The term 
‘‘Fifth Priority Water’’ has the meaning given the 
term in the Hopi Tribe Existing Cibola Contract. 
(21) FOURTH
PRIORITY
WATER.—The term 
‘‘Fourth Priority Water’’ means Colorado River 
Water available for delivery within the State for sat-
isfaction of entitlements— 
(A) in accordance with contracts, Secre-
tarial reservations, perfected rights, and other 
arrangements between the United States and 
water users in the State entered into or estab-
lished after September 30, 1968, for Use on 
Federal, State, or privately-owned land in the 
State, in a total quantity not greater than 
164,652 AFY of diversions; and 
(B) after first providing for the delivery of 
Colorado River Water for the CAP System, in-
cluding for Use on Indian land, under section 
304(e) of the Colorado River Basin Project Act 
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(43 U.S.C. 1524(e)), in accordance with the 
CAP Repayment Contract. 
(22) GILA
RIVER
ADJUDICATION.—The term 
‘‘Gila River Adjudication’’ means the action pending 
in the Superior Court of the State, in and for the 
County of Maricopa, In re the General Adjudication 
of All Rights To Use Water in The Gila River Sys-
tem and Source, W–1 (Salt), W–2 (Verde), W–3 
(Upper Gila), W–4 (San Pedro) (Consolidated). 
(23) GILA RIVER ADJUDICATION COURT.—The 
term ‘‘Gila River Adjudication Court’’ means the 
Superior Court of the State, in and for the County 
of Maricopa, exercising jurisdiction over the Gila 
River Adjudication. 
(24) GILA RIVER ADJUDICATION DECREE.—The 
term ‘‘Gila River Adjudication Decree’’ means the 
judgment or decree entered by the Gila River Adju-
dication Court in substantially the same form as the 
form of judgment attached as Exhibit 3.1.47 to the 
Settlement Agreement. 
(25) GROUNDWATER.—The term ‘‘Ground-
water’’ means all water beneath the surface of the 
earth within the State that is not— 
(A) Surface Water; 
(B) Colorado River Water; or 
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(C) Effluent. 
(26) HOPI ALLOTMENT.—The term ‘‘Hopi Al-
lotment’’ means any of the 11 parcels allotted pursu-
ant to section 4 of the Act of February 8, 1887 
(commonly known as the ‘‘Indian General Allotment 
Act’’) (24 Stat. 389, chapter 119; 25 U.S.C. 334), 
that are— 
(A) located within the exterior boundaries 
of the Hopi Reservation; and 
(B) held in trust by the United States for 
1 or more individual Indians under allotment 
record numbers AR-39, AR-40, AR-41, AR-42, 
AR-43, AR-44, AR-45, AR-46, AR-47, AR-48, 
and AR-49. 
(27) HOPI ALLOTTEE.—The term ‘‘Hopi Allot-
tee’’ means— 
(A) an individual Indian holding a bene-
ficial interest in a Hopi Allotment; or 
(B) an Indian Tribe holding an undivided 
fractional beneficial interest in a Hopi Allot-
ment. 
(28) HOPI FEE LAND.—The term ‘‘Hopi Fee 
Land’’ means land, other than Hopi Trust Land, 
that— 
(A) is located in the State; 
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(B) is located outside the exterior bound-
aries of the Hopi Reservation; and 
(C) as of the Enforceability Date, is owned 
by the Hopi Tribe in its own name or through 
an entity wholly owned or controlled by the 
Hopi Tribe. 
(29) HOPI
LAND.—The term ‘‘Hopi Land’’ 
means— 
(A) the Hopi Reservation; 
(B) Hopi Trust Land; and 
(C) Hopi Fee Land. 
(30) HOPI RESERVATION.— 
(A) IN GENERAL.—The term ‘‘Hopi Res-
ervation’’ means— 
(i) land within the exterior boundaries 
of the ‘‘Hopi Indian Reservation’’ defined 
as District 6 in Healing v. Jones, 210 F. 
Supp. 125, 173 (D. Ariz. 1962), aff’d, 373 
U.S. 758 (1963), and Masayesva for and 
on Behalf of Hopi Indian Tribe v. Hale, 
118 F.3d 1371, 1375–76 (9th Cir. 1997); 
(ii) land withdrawn by the Executive 
Order of December 16, 1882, and parti-
tioned to the Hopi Tribe in accordance 
with the Act of December 22, 1974 (Public 
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Law 93–531; 88 Stat. 1713), by Judgment 
of 
Partition, 
February 
10, 
1977, 
Sekaquaptewa v. MacDonald, Case No. 
CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 
F.2d 113 (9th Cir. 1980); and 
(iii) land recognized as part of the 
Hopi Reservation in Honyoama v. Shirley, 
Jr., Case No. CIV 74–842–PHX–EHC (D. 
Ariz. 2006). 
(B) MAP.—Subject to subparagraph (C), 
the descriptions of the Hopi Reservation in 
clauses (i) through (iii) of subparagraph (A) 
are generally shown on the map attached as 
Exhibit 3.1.56 to the Settlement Agreement. 
(C) CONFLICT.—In the case of a conflict 
between the definition in subparagraph (A) and 
Exhibit 3.1.56 of the Settlement Agreement, 
the definition in that subparagraph shall con-
trol. 
(31) HOPI
TRIBE.—The term ‘‘Hopi Tribe’’ 
means the Hopi Tribe, a tribe of Hopi Indians— 
(A) organized under section 16 of the Act 
of June 18, 1934 (commonly known as the ‘‘In-
dian Reorganization Act’’) (48 Stat. 987, chap-
ter 576; 25 U.S.C. 5123); and 
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(B) recognized by the Secretary in the no-
tice of the Secretary entitled ‘‘Indian Entities 
Recognized by and Eligible To Receive Services 
From the United States Bureau of Indian Af-
fairs’’ (89 Fed. Reg. 944 (January 8, 2024)). 
(32) HOPI
TRIBE
AGRICULTURAL
CONSERVA-
TION
TRUST
FUND
ACCOUNT.—The term ‘‘Hopi 
Tribe Agricultural Conservation Trust Fund Ac-
count’’ means the account— 
(A) established under to section 11(b)(3); 
and 
(B) described in subparagraph 12.3.3 of 
the Settlement Agreement. 
(33) HOPI TRIBE CIBOLA WATER.—The term 
‘‘Hopi Tribe Cibola Water’’ means the Fourth Pri-
ority Water, Fifth Priority Water, and Sixth Priority 
Water to which the Hopi Tribe is entitled pursuant 
to subparagraphs 5.8.2 and 5.8.3 of the Settlement 
Agreement. 
(34) HOPI
TRIBE
EXISTING
CIBOLA
CON-
TRACT.—The term ‘‘Hopi Tribe Existing Cibola 
Contract’’ means Contract No. 04–XX–30–W0432 
between the United States and the Hopi Tribe, as 
amended and in full force and effect as of the Effec-
tive Date. 
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(35) HOPI TRIBE GROUNDWATER PROJECTS.— 
The term ‘‘Hopi Tribe Groundwater Projects’’ 
means the projects described in— 
(A) section 11(f)(1); and 
(B) subparagraph 12.3.1 of the Settlement 
Agreement. 
(36) HOPI
TRIBE
GROUNDWATER
PROJECTS 
TRUST
FUND
ACCOUNT.—The term ‘‘Hopi Tribe 
Groundwater Projects Trust Fund Account’’ means 
the account— 
(A) established under section 11(b)(1); and 
(B) described in subparagraph 12.3.1 of 
the Settlement Agreement. 
(37) HOPI
TRIBE
LOWER
BASIN
COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—The term ‘‘Hopi Tribe Lower Basin Colo-
rado River Water Acquisition Trust Fund Account’’ 
means the account— 
(A) established under section 11(b)(4); and 
(B) described in subparagraph 12.3.4 of 
the Settlement Agreement. 
(38) HOPI
TRIBE
OM&R
TRUST
FUND
AC-
COUNT.—The term ‘‘Hopi Tribe OM&R Trust Fund 
Account’’ means the account— 
(A) established under section 11(b)(2); and 
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(B) described in subparagraph 12.3.2 of 
the Settlement Agreement. 
(39) HOPI
TRIBE
UPPER
BASIN
COLORADO 
RIVER WATER.—The term ‘‘Hopi Tribe Upper Basin 
Colorado River Water’’ means the 2,300 AFY of Ar-
izona Upper Basin Colorado River Water allocated 
to the Hopi Tribe— 
(A) pursuant to section 6(a)(2); and 
(B) as provided in subparagraphs 5.7 and 
11.1.1 of the Settlement Agreement. 
(40) HOPI
TRIBE
WATER
DELIVERY
CON-
TRACT.—The term ‘‘Hopi Tribe Water Delivery 
Contract’’ means 1 or more contracts entered into 
by Secretary and the Hopi Tribe in accordance with 
section 6 and pursuant to paragraph 11 of the Set-
tlement Agreement for the delivery of Hopi Tribe 
Upper Basin Colorado River Water or Hopi Tribe 
Cibola Water. 
(41) HOPI
TRUST
LAND.—The term ‘‘Hopi 
Trust Land’’ means land that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the Hopi Reservation; and 
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(C) as of the Enforceability Date, is held 
in trust by the United States for the Hopi 
Tribe. 
(42) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.— 
The term ‘‘iina´ ba´ – paa tuwaqat’si pipeline’’ means 
the water project described in— 
(A) section 8; and 
(B) subparagraph 12.1 of the Settlement 
Agreement. 
(43) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE IM-
PLEMENTATION
FUND
ACCOUNT.—The term ‘‘iina´ 
ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account’’ means the account— 
(A) established under section 9(a); and 
(B) described in subparagraph 12.1.1 of 
the Settlement Agreement. 
(44) IMPOUNDMENT.—The term ‘‘impound-
ment’’ means a human-made structure used to store 
water. 
(45) INJURY TO WATER.—The term ‘‘Injury to 
Water’’ means injury to Water based on changes in 
or degradation of the salinity or concentration of 
naturally occurring chemical constituents contained 
in Water due to a diversion or Use of Water that 
is not— 
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(A) 
inconsistent 
with 
the 
Settlement 
Agreement as revised pursuant to section 
16(a)(1); 
(B) inconsistent with this Act; and 
(C) in violation of State law. 
(46) INJURY TO WATER RIGHTS.— 
(A) IN GENERAL.—The term ‘‘Injury to 
Water Rights’’ means an interference with, 
diminution of, or deprivation of Water Rights 
under Federal, State, or other law. 
(B) EXCLUSION.—The term ‘‘Injury to 
Water Rights’’ does not include any injury to 
water quality. 
(47) 
IRRIGATION.—The 
term 
‘‘irrigation’’ 
means the Use of water on 2 or more acres of land 
to produce plants or parts of plants— 
(A) for sale or human consumption; or 
(B) as feed for livestock, range livestock, 
or poultry. 
(48) LCR.—The term ‘‘LCR’’ means the Little 
Colorado River. 
(49) LCR ADJUDICATION.—The term ‘‘LCR 
Adjudication’’ means the action pending in the Su-
perior Court of the State, in and for the County of 
Apache, In re: the General Adjudication of All 
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Rights to Use Water in the Little Colorado River 
System and Source, CIV No. 6417. 
(50) LCR ADJUDICATION
COURT.—The term 
‘‘LCR Adjudication Court’’ means the Superior 
Court of the State, in and for the County of Apache, 
exercising jurisdiction over the LCR Adjudication. 
(51) LCR DECREE.—The term ‘‘LCR Decree’’ 
means the judgment or decree entered by the LCR 
Adjudication Court in substantially the same form 
as the form of judgment attached as Exhibit 3.1.82 
to the Settlement Agreement. 
(52) LCR WATERSHED.—The term ‘‘LCR Wa-
tershed’’ means land located within the Surface 
Water drainage of the LCR and its tributaries in the 
State, as shown on the map attached as Exhibit 
3.1.83 to the Settlement Agreement. 
(53) LEASE
PERIOD.—The term ‘‘Lease Pe-
riod’’ means the period of time during which the 
Navajo Nation and the Hopi Tribe are authorized to 
execute leases of Arizona Colorado River Water allo-
cated to the Navajo Nation and the Hopi Tribe 
under this Act, which shall be determined pursuant 
to subparagraphs (C) and (D) of section 7(b)(2). 
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(54) LOWER BASIN.—The term ‘‘Lower Basin’’ 
has the meaning given the term in article II(g) of 
the Colorado River Compact. 
(55) MEMBER.—The term ‘‘Member’’ means 
any person duly enrolled as a member of the Navajo 
Nation, the Hopi Tribe, or the San Juan Southern 
Paiute Tribe. 
(56) NAIWRSA SYSTEM CONSERVATION PRO-
GRAM.—The term ‘‘NAIWRSA System Conservation 
Program’’ means the 20-year program to store 
17,050 AFY of System Conservation Eligible Water 
in Lake Powell by the Navajo Nation and the Hopi 
Tribe, as described in section 6(c)(4)(C). 
(57) NAVAJO ALLOTMENT.—The term ‘‘Navajo 
Allotment’’ means a parcel of land patented pursu-
ant to section 1 of the Act of February 8, 1887 
(commonly known as the ‘‘Indian General Allotment 
Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331) 
(as in effect on the day before the date of enactment 
of the Indian Land Consolidation Act Amendments 
of 2000 (Public Law 106–462; 114 Stat. 1991))— 
(A) originally allotted to an individual 
identified in the allotting document as a Navajo 
Indian; 
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(B) located within the exterior boundaries 
of the Navajo Reservation; and 
(C) held in trust by the United States for 
the benefit of 1 or more individual Indians. 
(58) NAVAJO ALLOTTEE.—The term ‘‘Navajo 
Allottee’’ means— 
(A) an individual Indian holding a bene-
ficial interest in a Navajo Allotment; or 
(B) an Indian Tribe holding an undivided 
fractional beneficial interest in a Navajo Allot-
ment. 
(59) NAVAJO FEE LAND.—The term ‘‘Navajo 
Fee Land’’ means land, other than Navajo Trust 
Land, that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the Navajo Reservation; and 
(C) as of the Enforceability Date, is owned 
by the Navajo Nation, whether in its own name 
or through an entity wholly owned or controlled 
by the Navajo Nation. 
(60) NAVAJO-GALLUP WATER SUPPLY PROJECT; 
PROJECT.—The terms ‘‘Navajo-Gallup Water Supply 
Project’’ and ‘‘Project’’ mean the project authorized, 
constructed, and operated pursuant to part III of 
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the Northwestern New Mexico Rural Water Projects 
Act (Public Law 111–11; 123 Stat. 1379). 
(61) NAVAJO LAND.—The term ‘‘Navajo Land’’ 
means— 
(A) the Navajo Reservation; 
(B) Navajo Trust Land; and 
(C) Navajo Fee Land. 
(62) NAVAJO NATION.— 
(A) IN GENERAL.—The term ‘‘Navajo Na-
tion’’ means the Navajo Nation, a body politic 
and federally recognized Indian nation recog-
nized by the Secretary in the notice of the Sec-
retary entitled ‘‘Indian Entities Recognized by 
and Eligible To Receive Services From the 
United States Bureau of Indian Affairs’’ (89 
Fed. Reg. 944 (January 8, 2024)), and also 
known variously as the ‘‘Navajo Tribe’’, the 
‘‘Navajo Tribe of Arizona, New Mexico & 
Utah’’, the ‘‘Navajo Tribe of Indians’’, and 
other similar names. 
(B) INCLUSIONS.—The term ‘‘Navajo Na-
tion’’ includes all bands of Navajo Indians and 
chapters of the Navajo Nation. 
(63) NAVAJO
NATION
AGRICULTURAL
CON-
SERVATION
TRUST
FUND
ACCOUNT.—The term 
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‘‘Navajo Nation Agricultural Conservation Trust 
Fund Account’’ means the account— 
(A) established under section 10(b)(3); and 
(B) described in subparagraph 12.2.4 of 
the Settlement Agreement. 
(64) NAVAJO
NATION
CIBOLA
WATER.—The 
term ‘‘Navajo Nation Cibola Water’’ means the enti-
tlement of the Navajo Nation to the diversion of up 
to 100 AFY of Fourth Priority Water at the same 
location and for the same Uses described in the 
Hopi Tribe Existing Cibola Contract or the delivery 
and consumptive use of up to 71.5 AFY of Fourth 
Priority Water at locations and for Uses within the 
State other than as described in the Hopi Tribe Ex-
isting Cibola Contract, which shall have been as-
signed and transferred by the Hopi Tribe from its 
Cibola Water under the Hopi Tribe Existing Cibola 
Contract to the Navajo Nation. 
(65) 
NAVAJO
NATION
FOURTH
PRIORITY 
WATER.—The term ‘‘Navajo Nation Fourth Priority 
Water’’ means the diversion right to 3,500 AFY of 
Fourth Priority Water reserved for Use in a Navajo- 
Hopi Indian water rights settlement under para-
graph 11.3 of the Arizona Water Settlement Agree-
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ment among the United States, the State, and the 
Central Arizona Water Conservation District— 
(A) as authorized by paragraphs (1) and 
(2) of section 106(a) of the Central Arizona 
Project Settlement Act of 2004 (Public Law 
108–451; 118 Stat. 3492); 
(B) as allocated to the Navajo Nation pur-
suant to section 6; and 
(C) as described in subparagraphs 4.9 and 
10.1 of the Settlement Agreement. 
(66) NAVAJO NATION LOWER BASIN COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—The term ‘‘Navajo Nation Lower Basin 
Colorado River Water Acquisition Trust Fund Ac-
count’’ means the account— 
(A) established under section 10(b)(5); and 
(B) described in subparagraph 12.2.5 of 
the Settlement Agreement. 
(67) NAVAJO NATION OM&R TRUST FUND AC-
COUNT.—The term ‘‘Navajo Nation OM&R Trust 
Fund Account’’ means the account— 
(A) established under section 10(b)(2); and 
(B) described in subparagraph 12.2.2 of 
the Settlement Agreement. 
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(68) NAVAJO
NATION
RENEWABLE
ENERGY 
TRUST FUND ACCOUNT.—The term ‘‘Navajo Nation 
Renewable Energy Trust Fund Account’’ means the 
account— 
(A) established under section 10(b)(4); and 
(B) described in subparagraph 12.2.3 of 
the Settlement Agreement. 
(69) NAVAJO NATION UPPER BASIN COLORADO 
RIVER WATER.—The term ‘‘Navajo Nation Upper 
Basin Colorado River Water’’ means the 44,700 
AFY of Arizona Upper Basin Colorado River 
Water— 
(A) allocated to the Navajo Nation pursu-
ant to section 6(a)(1); and 
(B) described in subparagraphs 4.7 and 
10.1 of the Settlement Agreement. 
(70) NAVAJO NATION WATER DELIVERY CON-
TRACT.—The term ‘‘Navajo Nation Water Delivery 
Contract’’ means 1 or more contracts entered into 
by the Secretary and the Navajo Nation in accord-
ance with section 6 and pursuant to paragraph 10 
of the Settlement Agreement for the delivery of Nav-
ajo Nation Upper Basin Colorado River Water, Nav-
ajo Nation Cibola Water, or Navajo Nation Fourth 
Priority Water. 
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ruary 10, 1977, Sekaquaptewa v. Mac-
Donald, Case No. CIV–579–PCT–JAW 
(D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 
1980); 
(iii) land taken into trust as a part of 
the Navajo Reservation before the Effec-
tive Date pursuant to the Act of December 
22, 1974 (Public Law 93–531; 88 Stat. 
1712), a copy of which is attached as Ex-
hibit 3.1.112B to the Settlement Agree-
ment; and 
(iv) any land taken into trust as part 
of the Navajo Reservation after the Effec-
tive Date pursuant to the Act of December 
22, 1974 (Public Law 93–531; 88 Stat. 
1712), except as provided in subpara-
graphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 
4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settle-
ment Agreement. 
(B) EXCLUSIONS.—The term ‘‘Navajo 
Reservation’’ does not include land within the 
Hopi Reservation or the San Juan Southern 
Paiute Reservation. 
(C) MAP.—Subject to subparagraph (D), 
the descriptions of the Navajo Reservation in 
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clauses (i) through (iv) of subparagraph (A) are 
generally shown on the map attached as Exhibit 
3.1.112A to the Settlement Agreement. 
(D) CONFLICT.—In the case of a conflict 
between the definition in subparagraphs (A) 
and (B) and Exhibit 3.1.112A of the Settle-
ment Agreement, the definition in those sub-
paragraphs shall control. 
(74) NAVAJO
TRIBAL
UTILITY
AUTHORITY.— 
The term ‘‘Navajo Tribal Utility Authority’’ means 
the enterprise established by the Navajo Nation pur-
suant to chapter 1, section 21 of the Navajo Nation 
Code, or a successor agency or entity. 
(75) NAVAJO TRUST LAND.—The term ‘‘Navajo 
Trust Land’’ means land that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the Navajo Reservation; and 
(C) as of the Enforceability Date, is held 
in trust by the United States for the Navajo 
Nation. 
(76) NAVAJO-UTAH
WATER
RIGHTS
SETTLE-
MENT.—The term ‘‘Navajo-Utah Water Rights Set-
tlement’’ means the Navajo Utah Water Rights Set-
tlement Agreement approved, ratified, and confirmed 
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pursuant to section 1102 of title XI of division FF 
of Public Law 116–260 (134 Stat. 3224). 
(77) OFF-RESERVATION.—The term ‘‘Off-Res-
ervation’’ means land located in the State outside 
the exterior boundaries of— 
(A) the Navajo Reservation; 
(B) the Hopi Reservation; and 
(C) the San Juan Southern Paiute Res-
ervation. 
(78) OM&R.—The term ‘‘OM&R’’ means oper-
ation, maintenance, and replacement. 
(79) PARTY.—The term ‘‘Party’’ mean a Per-
son that is a signatory to the Settlement Agreement. 
(80) PERSON.— 
(A) IN
GENERAL.—The term ‘‘Person’’ 
means— 
(i) an individual; 
(ii) a public or private corporation; 
(iii) a company; 
(iv) a partnership; 
(v) a joint venture; 
(vi) a firm; 
(vii) an association; 
(viii) a society; 
(ix) an estate or trust; 
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(x) any other private organization or 
enterprise; 
(xi) the United States; 
(xii) an Indian Tribe; 
(xiii) a State, territory, or country; 
(xiv) a governmental entity; and 
(xv) any political subdivision or mu-
nicipal corporation organized under or sub-
ject to the constitution and laws of the 
State. 
(B) INCLUSIONS.—The term ‘‘Person’’ in-
cludes the officers, directors, agents, insurers, 
representatives, employees, attorneys, assigns, 
subsidiaries, affiliates, enterprises, legal rep-
resentatives, predecessors, and successors in in-
terest and their heirs, of any entity or indi-
vidual described in subparagraph (A). 
(81) PUBLIC
DOMAIN
ALLOTMENT
OUTSIDE 
THE NAVAJO RESERVATION.—The term ‘‘Public Do-
main Allotment outside the Navajo Reservation’’ 
means any of the 51 parcels of land allotted to indi-
vidual Indians from the public domain pursuant to 
section 4 of the Act of February 8, 1887 (commonly 
known as the ‘‘Indian General Allotment Act’’) (24 
Stat. 389, chapter 119; 25 U.S.C. 334) that is— 
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(A) held in trust by the United States for 
the benefit of 1 or more individual Indians or 
Indian Tribes; and 
(B) located outside the exterior boundaries 
of the Navajo Reservation and the Hopi Res-
ervation, as depicted on the map attached as 
Exhibit 3.1.132A to the Settlement Agreement. 
(82) PUBLIC DOMAIN ALLOTMENT WITHIN THE 
NAVAJO RESERVATION.—The term ‘‘Public Domain 
Allotment within the Navajo Reservation’’ means 
any land allotted to individual Indians from the pub-
lic domain that is— 
(A) held in trust by the United States for 
the benefit of 1 or more individual Indians or 
Indian Tribes; 
(B) located within the exterior boundaries 
of the Navajo Reservation; and 
(C) described in Exhibit 3.1.131 to the 
Settlement Agreement. 
(83) PUBLIC
DOMAIN
ALLOTTEE.—The term 
‘‘Public Domain Allottee’’ means an individual In-
dian or Indian Tribe holding a beneficial interest 
in— 
(A) a Public Domain Allotment outside the 
Navajo Reservation; or 
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(B) a Public Domain Allotment within the 
Navajo Reservation. 
(84) SAN
JUAN
SOUTHERN
PAIUTE
FEE 
LAND.—The term ‘‘San Juan Southern Paiute Fee 
Land’’ means land, other than San Juan Southern 
Paiute Trust Land, that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the San Juan Southern Paiute Reserva-
tion; and 
(C) as of the Enforceability Date, is owned 
by the San Juan Southern Paiute Tribe, wheth-
er in its own name or through an entity wholly 
owned or controlled by the San Juan Southern 
Paiute Tribe. 
(85) SAN JUAN SOUTHERN PAIUTE GROUND-
WATER PROJECTS.—The term ‘‘San Juan Southern 
Paiute Groundwater Projects’’ means the projects 
described in— 
(A) section 12(f)(1); and 
(B) subparagraph 12.4.1 of the Settlement 
Agreement. 
(86) SAN JUAN SOUTHERN PAIUTE LAND.—The 
term ‘‘San Juan Southern Paiute Land’’ means— 
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(A) the San Juan Southern Paiute South-
ern Area; 
(B) San Juan Southern Paiute Trust 
Land; and 
(C) San Juan Southern Paiute Fee Land. 
(87) SAN JUAN SOUTHERN PAIUTE NORTHERN 
AREA.—The term ‘‘San Juan Southern Paiute 
Northern Area’’ means the land— 
(A) located in the State of Utah; and 
(B) depicted on the map attached as Ex-
hibit 3.1.146 to the Settlement Agreement. 
(88) SAN JUAN SOUTHERN PAIUTE RESERVA-
TION.—The term ‘‘San Juan Southern Paiute Res-
ervation’’ means the approximately 5,400 acres of 
land— 
(A) located in the State and the State of 
Utah; and 
(B) consisting of the San Juan Southern 
Paiute Northern Area and the San Juan South-
ern Paiute Southern Area, as depicted in the 
maps attached as Exhibits 3.1.146 and 3.1.147 
to the Settlement Agreement. 
(89) SAN JUAN SOUTHERN PAIUTE TRIBE AGRI-
CULTURAL
CONSERVATION
TRUST
FUND
AC-
COUNT.—The term ‘‘San Juan Southern Paiute 
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Tribe Agricultural Conservation Trust Fund Ac-
count’’ means the account— 
(A) established under section 12(b)(2); and 
(B) described in subparagraph 12.4.3 of 
the Settlement Agreement. 
(90) SAN
JUAN
SOUTHERN
PAIUTE
TRIBE 
GROUNDWATER PROJECTS TRUST FUND ACCOUNT.— 
The term ‘‘San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account’’ means 
the account— 
(A) established under section 12(b)(1); and 
(B) described in subparagraph 12.4.1 of 
the Settlement Agreement. 
(91) SAN JUAN SOUTHERN PAIUTE TRIBE OM&R 
TRUST
FUND
ACCOUNT.—The term ‘‘San Juan 
Southern Paiute Tribe OM&R Trust Fund Account’’ 
means the account— 
(A) established under section 12(b)(3); and 
(B) described in subparagraph 12.4.2 of 
the Settlement Agreement. 
(92) SAN JUAN SOUTHERN PAIUTE SOUTHERN 
AREA.—The term ‘‘San Juan Southern Paiute 
Southern Area’’ means the land located in the State 
and depicted on the map attached as Exhibit 
3.1.147 to the Settlement Agreement. 
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(93) SAN JUAN SOUTHERN PAIUTE TRIBE.— 
The term ‘‘San Juan Southern Paiute Tribe’’ means 
the San Juan Southern Paiute Tribe, a body politic 
and federally recognized Indian Tribe, as recognized 
by the Secretary in the notice of the Secretary enti-
tled ‘‘Indian Entities Recognized by and Eligible To 
Receive Services From the United States Bureau of 
Indian Affairs’’ (89 Fed. Reg. 944 (January 8, 
2024)). 
(94) SAN
JUAN
SOUTHERN
PAIUTE
TRUST 
LAND.—The term ‘‘San Juan Southern Paiute Trust 
Land’’ means land that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the San Juan Southern Paiute Reserva-
tion; and 
(C) as of the Enforceability Date, is held 
in trust by the United States for the San Juan 
Southern Paiute Tribe. 
(95) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(96) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means— 
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(A) the Northeastern Arizona Indian 
Water Rights Settlement Agreement dated as of 
May 9, 2024; and 
(B) any exhibits attached to that agree-
ment. 
(97) SIXTH
PRIORITY
WATER.—The term 
‘‘Sixth Priority Water’’ has the meaning given the 
term in the Hopi Tribe Existing Cibola Contract. 
(98) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
(99) SURFACE WATER.— 
(A) IN
GENERAL.—The term ‘‘Surface 
Water’’ means all water in the State that is ap-
propriable under State law. 
(B) 
EXCLUSION.—The 
term 
‘‘Surface 
Water’’ does not include Colorado River Water. 
(100) 
SYSTEM
CONSERVATION.—The 
term 
‘‘System Conservation’’ means a voluntary reduction 
of consumptive use of Arizona Colorado River Water 
that can be estimated or measured, including munic-
ipal and industrial conservation efforts and the 
fallowing of agricultural land, to create conserved 
water to benefit the Colorado River System. 
(101) 
SYSTEM
CONSERVATION
ELIGIBLE 
WATER.— 
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(A) IN
GENERAL.—The term ‘‘System 
Conservation Eligible Water’’ means 34,100 
AFY of Navajo Nation Upper Basin Colorado 
River Water and Hopi Tribe Upper Basin Colo-
rado River Water, allocated between the Navajo 
Nation and the Hopi Tribe consistent with sec-
tion 6(c)(4)(C) and subclauses (I) and (II) of 
section 7(b)(2)(D)(ii). 
(B) PERIOD OF TIME.—For purposes of 
this Act, the System Conservation Eligible 
Water is— 
(i) deemed to have been consumptively 
used for a period of 50 years based on the 
34,100 AFY of Arizona Upper Basin Colo-
rado River Water that was previously con-
tracted for consumptive use by the Navajo 
Generating Station; and 
(ii) a portion of the allocations of Ari-
zona Upper Basin Colorado River Water to 
the Navajo Nation and the Hopi Tribe de-
scribed 
in 
paragraphs 
(1)(A)(ii) 
and 
(2)(A)(ii) of section 6(a). 
(C) ELIGIBILITY.—For purposes of this 
Act, the System Conservation Eligible Water is 
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eligible for the NAIWRSA System Conservation 
Program. 
(102) TREATY.—The term ‘‘Treaty’’ means the 
Articles of Treaty and Agreement entered into by 
the Navajo Nation and the San Juan Southern Pai-
ute Tribe to settle land claims and other disputes, 
as executed on March 18, 2000. 
(103) TREATY ADDENDUM.—The term ‘‘Treaty 
Addendum’’ means the Addendum to the Treaty en-
tered into by the Navajo Nation and the San Juan 
Southern Paiute Tribe on May 7, 2004. 
(104) TRIBE.—The term ‘‘Tribe’’ means, indi-
vidually, as applicable— 
(A) the Navajo Nation; 
(B) the Hopi Tribe; or 
(C) the San Juan Southern Paiute Tribe. 
(105) TRIBES.—The term ‘‘Tribes’’ means, col-
lectively— 
(A) the Navajo Nation; 
(B) the Hopi Tribe; and 
(C) the San Juan Southern Paiute Tribe. 
(106) UNDERGROUND WATER.— 
(A) IN
GENERAL.—The term ‘‘Under-
ground Water’’ means all water beneath the 
surface of the earth within the State, regardless 
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of its legal characterization as appropriable or 
non-appropriable under Federal, State, or other 
law. 
(B) EXCLUSIONS.—The term ‘‘Under-
ground Water’’ does not include Colorado River 
Water or Effluent. 
(107) UNITED STATES.— 
(A) IN
GENERAL.—The term ‘‘United 
States’’ means the United States, acting as 
trustee for the Tribes, their Members, the Hopi 
Allottees, and the Navajo Allottees, except as 
otherwise expressly provided. 
(B) CLARIFICATION.—When used in ref-
erence to a particular agreement or contract, 
the term ‘‘United States’’ means the United 
States acting in the capacity as described in 
that agreement or contract. 
(108) 
UPPER
BASIN.—The 
term 
‘‘Upper 
Basin’’ has the meaning given the term in article 
II(f) of the Colorado River Compact. 
(109) 
UPPER
BASIN
COLORADO
RIVER 
WATER.—The term ‘‘Upper Basin Colorado River 
Water’’ means the waters of the Upper Basin. 
(110) UPPER COLORADO RIVER BASIN COMPACT 
OF 1948.—The term ‘‘Upper Colorado River Basin 
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Compact of 1948’’ means the Upper Colorado River 
Basin Compact of 1948, as ratified and reprinted in 
article 3 of chapter 7 of title 45, Arizona Revised 
Statutes. 
(111) UPPER
DIVISION
STATES.—The term 
‘‘Upper Division States’’ means the States of Wyo-
ming, Colorado, New Mexico, and Utah, as described 
in the Colorado River Compact. 
(112) USE.—The term ‘‘Use’’ means any bene-
ficial use, including instream flow, recharge, storage, 
recovery, or any other use recognized as beneficial 
under applicable law. 
(113) WATER.—The term ‘‘water’’, when used 
without a modifying adjective, means Groundwater, 
Surface Water, Colorado River Water, or Effluent. 
(114) 
WATER
RIGHT.—The 
term 
‘‘Water 
Right’’ means any right in or to Groundwater, Sur-
face Water, Colorado River Water, or Effluent under 
Federal, State, or other law. 
(115) WELL.—The term ‘‘Well’’ means a 
human-made opening in the earth through which 
Underground Water may be withdrawn or obtained. 
(116) ZUNI
TRIBE.—The term ‘‘Zuni Tribe’’ 
means the body politic and federally recognized In-
dian Tribe, as recognized by the Secretary in the no-
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tice of the Secretary entitled ‘‘Indian Entities Rec-
ognized by and Eligible To Receive Services From 
the United States Bureau of Indian Affairs’’ (89 
Fed. Reg. 944 (January 8, 2024)). 
SEC. 4. RATIFICATION AND EXECUTION OF THE NORTH-
EASTERN ARIZONA INDIAN WATER RIGHTS 
SETTLEMENT AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act and to the extent the Settlement Agreement 
does not conflict with this Act, the Settlement 
Agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Settlement Agreement, or to any exhibit attached to 
the Settlement Agreement requiring the signature of 
the Secretary, is executed in accordance with this 
Act to make the Settlement Agreement consistent 
with this Act, the amendment is authorized, ratified, 
and confirmed, to the extent the amendment is con-
sistent with this Act. 
(b) EXECUTION OF SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—To the extent the Settlement 
Agreement does not conflict with this Act, the Sec-
retary shall execute the Settlement Agreement, in-
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cluding all exhibits to the Settlement Agreement re-
quiring the signature of the Secretary. 
(2) MODIFICATIONS.— 
(A) IN
GENERAL.—Nothing in this Act 
prohibits the Secretary from approving any 
modification to the Settlement Agreement, in-
cluding any exhibit to the Settlement Agree-
ment, that is consistent with this Act, to the ex-
tent the modification does not otherwise require 
congressional approval under section 2116 of 
the Revised Statutes (25 U.S.C. 177) or any 
other applicable Federal law. 
(B) ABSTRACTS.—Prior to the execution of 
the Settlement Agreement by the Secretary, the 
abstracts attached as Exhibits to the Settle-
ment Agreement shall be modified, as nec-
essary— 
(i) to correct errors or omissions to 
the satisfaction of the Parties; and 
(ii) to conform with applicable Federal 
and State law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Settle-
ment Agreement (including all exhibits to the Settle-
ment Agreement requiring the signature of the Sec-
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retary) and this Act, the Secretary shall comply with 
all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other Federal environmental laws 
and regulations. 
(2) COMPLIANCE.—In implementing the Settle-
ment Agreement and this Act, but excluding envi-
ronmental compliance related to the iina´ ba´ – paa 
tuwaqat’si pipeline, the applicable Tribe shall pre-
pare any necessary environmental documents con-
sistent with all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other Federal environmental laws 
and regulations. 
(d) AUTHORIZATIONS.—The Secretary shall— 
(1) independently evaluate the documentation 
submitted under subsection (c)(2); and 
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(2) be responsible for the accuracy, scope, and 
contents of that documentation. 
(e) EFFECT OF EXECUTION.—The execution of the 
Settlement Agreement by the Secretary under this section 
shall not constitute a major Federal action for purposes 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(f) COSTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), any costs associated with the performance 
of the compliance activities under subsection (c) 
shall be paid from funds deposited in the Navajo 
Nation Water Projects Trust Fund Account, the 
Hopi Tribe Groundwater Projects Trust Fund Ac-
count, or the San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account, as ap-
plicable, subject to the condition that any costs asso-
ciated with the performance of Federal approval or 
other review of that compliance work or costs associ-
ated with inherently Federal functions shall remain 
the responsibility of the Secretary. 
(2) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.—Any 
costs associated with the performance of the compli-
ance activities under subsection (c) relating to the 
iina´ ba´ – paa tuwaqat’si pipeline shall be paid from 
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funds deposited in the iina´ ba´ – paa tuwaqat’si pipe-
line Implementation Fund Account. 
SEC. 5. WATER RIGHTS. 
(a) CONFIRMATION OF WATER RIGHTS.— 
(1) IN
GENERAL.—The Water Rights of the 
Navajo Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, the Navajo Allottees, and the 
Hopi Allottees as described in the Settlement Agree-
ment are ratified, confirmed, and declared to be 
valid. 
(2) USE.—Any use of water pursuant to the 
Water Rights described in paragraph (1) by the 
Navajo Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, the Navajo Allottees, or the 
Hopi Allottees shall be subject to the terms and con-
ditions of the Settlement Agreement and this Act. 
(3) CONFLICT.—In the event of a conflict be-
tween the Settlement Agreement and this Act, this 
Act shall control. 
(b) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to the Navajo Allottees benefits that are 
equivalent to, or exceed, the benefits the Navajo Allottees 
possess on the day before the date of enactment of this 
Act, taking into consideration— 
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(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Settlement Agreement and this Act; 
(2) the availability of funding under this Act 
and from other sources; 
(3) the availability of water from the Water 
Rights of the Navajo Nation, as described in the 
Settlement Agreement; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), and this Act to protect the interests of 
the Navajo Allottees. 
(c) WATER RIGHTS TO BE HELD IN TRUST FOR THE 
TRIBES, THE
NAVAJO
ALLOTTEES, AND
THE
HOPI 
ALLOTTEES.—The United States shall hold the following 
Water Rights in trust for the Navajo Nation, the Hopi 
Tribe, the San Juan Southern Paiute Tribe, the Navajo 
Allottees, and the Hopi Allottees: 
(1) 
NAVAJO
NATION
AND
THE
NAVAJO 
ALLOTTEES.—The United States shall hold the fol-
lowing Water Rights in trust for the Navajo Nation 
and Navajo Allottees: 
(A) Underground Water described in sub-
paragraph 4.2 of the Settlement Agreement. 
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(B) Springs described in subparagraph 4.4 
of the Settlement Agreement. 
(C) Little Colorado River tributary water 
described in subparagraph 4.5 of the Settlement 
Agreement. 
(D) Little Colorado River Mainstem water 
described in subparagraph 4.6 of the Settlement 
Agreement. 
(E) Navajo Nation Upper Basin Colorado 
River Water described in subparagraph 4.7 of 
the Settlement Agreement. 
(F) Navajo Nation Fourth Priority Water 
described in subparagraph 4.9 of the Settlement 
Agreement. 
(G) Water Rights appurtenant to or asso-
ciated with land held in trust by the United 
States for the Navajo Nation, as described in 
subparagraphs 4.12, 4.13, 4.15, and 4.16 of the 
Settlement Agreement. 
(2) HOPI TRIBE.—The United States shall hold 
the following Water Rights in trust for the Hopi 
Tribe: 
(A) Underground Water described in sub-
paragraph 5.2 of the Settlement Agreement. 
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(B) Surface Water described in subpara-
graph 5.4 of the Settlement Agreement. 
(C) Springs described in subparagraph 5.5 
of the Settlement Agreement. 
(D) Hopi Tribe Upper Basin Colorado 
River Water described in subparagraph 5.7 of 
the Settlement Agreement. 
(E) Water Rights appurtenant to or asso-
ciated with land held in trust by the United 
States for the Hopi Tribe, as described in sub-
paragraphs 5.10, 5.11, 5.12, and 5.13 of the 
Settlement Agreement. 
(3) SAN JUAN SOUTHERN PAIUTE TRIBE.—The 
United States shall hold the following Water Rights 
in trust for the San Juan Southern Paiute Tribe: 
(A) Underground Water described in sub-
paragraph 6.2.3 of the Settlement Agreement. 
(B) Surface Water described in subpara-
graph 6.2.4 of the Settlement Agreement. 
(C) Springs described in subparagraph 
6.2.6 of the Settlement Agreement. 
(D) Water Rights appurtenant to or asso-
ciated with land held in trust by the United 
States for the San Juan Southern Paiute Tribe, 
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as described in subparagraphs 6.5 and 6.6 of 
the Settlement Agreement. 
(4) HOPI ALLOTTEES.—The United States shall 
hold the Water Rights described in subparagraph 
5.9 of the Settlement Agreement in trust for the 
Hopi Allottees. 
(d) PLACES OF USE.— 
(1) 
NAVAJO
NATION
AND
NAVAJO 
ALLOTTEES.— 
(A) IN GENERAL.—The rights of the Nav-
ajo Nation, and the United States acting as 
trustee for the Navajo Nation, to the water de-
scribed in subparagraphs 4.2, 4.4, 4.5, and 4.6 
of the Settlement Agreement may be used any-
where on the Navajo Reservation or on Off-Res-
ervation land held in trust by the United States 
for the Navajo Nation, but, except as provided 
in subparagraph (F), may not be sold, leased, 
transferred, or in any way used off of the Nav-
ajo Reservation or off of Off-Reservation land 
held in trust by the United States for the Nav-
ajo Nation. 
(B) OTHER PLACES OF USE.—The place of 
Use of Navajo Nation Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, and 
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Navajo Nation Fourth Priority Water are as 
described in section 6(b)(1). 
(C) WATER
USE
ON
OFF-RESERVATION 
TRUST LAND.— 
(i) IN GENERAL.—Water Use on Off- 
Reservation land held in trust by the 
United States for the Navajo Nation shall 
be governed by subparagraphs 4.12, 4.13, 
4.15, 4.16, and 4.18.1 of the Settlement 
Agreement. 
(ii) USE.—Except as provided in sub-
paragraph (F), the water referred to in 
clause (i) may be used only on the Navajo 
Reservation and on Off-Reservation land 
held in trust by the United States for the 
Navajo Nation. 
(D) WATER USE ON FEE LAND.—Water 
Use on land owned in fee by the Navajo Nation 
shall be governed by subparagraphs 4.11, 4.12, 
4.13, 4.14, 4.15, and 4.16 of the Settlement 
Agreement. 
(E) RESTRICTIONS.—The rights of a Nav-
ajo Allottee, or the United States acting as 
trustee for a Navajo Allottee, to use water de-
scribed in subparagraph 4.10.1 of the Settle-
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ment Agreement on a Navajo Allotment may 
not be sold, leased, transferred, or in any way 
used off of the Navajo Allotment, except for 
Use on the Navajo Reservation pursuant to the 
Navajo Nation Water Code. 
(F) WATER
FOR
MUNICIPAL
USE.—Not-
withstanding subparagraphs (A) and (C)(ii) and 
subparagraph 7.2.3.1 of the Settlement Agree-
ment, the Navajo Nation or the United States 
acting as trustee for the Navajo Nation may 
provide water for municipal Use off of the Nav-
ajo Reservation from facilities that are phys-
ically connected to facilities on the Navajo Res-
ervation. 
(2) HOPI TRIBE AND HOPI ALLOTTEES.— 
(A) IN GENERAL.—The rights of the Hopi 
Tribe, and the United States acting as trustee 
for the Hopi Tribe, to the water described in 
subparagraphs 5.2, 5.4, and 5.5 of the Settle-
ment Agreement may be used anywhere on the 
Hopi Reservation or on Off-Reservation land 
held in trust by the United States for the Hopi 
Tribe, but, except as provided in subparagraph 
(F), may not be sold, leased, transferred, or in 
any way used off of the Hopi Reservation or off 
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of Off-Reservation land held in trust by the 
United States for the Hopi Tribe. 
(B) OTHER PLACES OF USE.—The place of 
Use of Hopi Tribe Upper Basin Colorado River 
Water and Hopi Tribe Cibola Water are as de-
scribed in section 6(b)(2). 
(C) WATER
USE
ON
OFF-RESERVATION 
TRUST LAND.— 
(i) IN GENERAL.—Water Use on Off- 
Reservation land held in trust by the 
United States for the Hopi Tribe shall be 
governed by subparagraphs 5.10, 5.11, 
5.12, 5.13, and 5.15.1 of the Settlement 
Agreement. 
(ii) USE.—Except as provided in sub-
paragraph (F), the water referred to in 
clause (i) may be used only on the Hopi 
Reservation and on Off-Reservation land 
held in trust by the United States for the 
Hopi Tribe. 
(D) WATER USE ON FEE LAND.—Water 
Use on land owned in fee by the Hopi Tribe 
shall be governed by subparagraphs 5.10, 5.11, 
and 5.12 of the Settlement Agreement. 
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(E) RESTRICTIONS.—The rights of a Hopi 
Allottee, or the United States acting as trustee 
for a Hopi Allottee, to use water described in 
subparagraph 5.9 of the Settlement Agreement 
on a Hopi Allotment may not be sold, leased, 
transferred, or in any way used off of the Hopi 
Allotment. 
(F) WATER
FOR
MUNICIPAL
USE.—Not-
withstanding subparagraphs (A) and (C)(ii) and 
subparagraph 7.2.3.1 of the Settlement Agree-
ment, the Hopi Tribe or the United States act-
ing as trustee for the Hopi Tribe may provide 
water for municipal Use off of the Hopi Res-
ervation from facilities that are physically con-
nected to facilities on the Hopi Reservation. 
(3) SAN JUAN SOUTHERN PAIUTE TRIBE.— 
(A) IN GENERAL.—The rights of the San 
Juan Southern Paiute Tribe, and the United 
States acting as trustee for the San Juan 
Southern Paiute Tribe, to the water described 
in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the 
Settlement Agreement may be used on the San 
Juan Southern Paiute Southern Area or on 
Off-Reservation land held in trust by the 
United States for the San Juan Southern Pai-
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ute Tribe, but may not be sold, leased, trans-
ferred, or in any way used off of the San Juan 
Southern Paiute Southern Area or off of Off- 
Reservation land held in trust by the United 
States for the San Juan Southern Paiute Tribe. 
(B) WATER
USE
ON
OFF-RESERVATION 
TRUST LAND.— 
(i) IN GENERAL.—Water Use on Off- 
Reservation land held in trust by the 
United States for the San Juan Southern 
Paiute Tribe shall be governed by subpara-
graphs 6.5, 6.6, and 6.7.1 of the Settle-
ment Agreement. 
(ii) USE.—Except as provided in sub-
paragraph (D), the water referred to in 
clause (i) may be used only on the San 
Juan Southern Paiute Southern Area and 
on Off-Reservation land held in trust by 
the United States for the San Juan South-
ern Paiute Tribe. 
(C) WATER
USE
ON
FEE
LAND.—Water 
Use on land owned in fee by the San Juan 
Southern Paiute Tribe shall be governed by 
subparagraphs 6.4, 6.5, and 6.6 of the Settle-
ment Agreement. 
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(D) WATER
FOR
MUNICIPAL
USE.—Not-
withstanding subparagraphs (A) and (B)(ii) 
and subparagraph 7.2.3.1 of the Settlement 
Agreement, 
and 
subject 
to 
subparagraph 
12.5.1.3 of the Settlement Agreement, the San 
Juan Southern Paiute Tribe or the United 
States acting as trustee for the San Juan 
Southern Paiute Tribe may provide water for 
municipal Use off of the San Juan Southern 
Paiute Southern Area from facilities that are 
physically connected to facilities on the San 
Juan Southern Paiute Southern Area. 
(e) NONUSE, FORFEITURE, AND ABANDONMENT.— 
(1) 
NAVAJO
NATION
AND
NAVAJO 
ALLOTTEES.—Water Rights of the Navajo Nation 
and the Navajo Allottees described in subparagraphs 
4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the Settlement 
Agreement and Water Rights relating to land held 
in trust by the United States for the Navajo Nation, 
as described in subparagraphs 4.12, 4.13, 4.15, and 
4.16 of the Settlement Agreement, shall not be sub-
ject to loss by non-use, forfeiture, or abandonment. 
(2) HOPI TRIBE.—Water Rights of the Hopi 
Tribe described in subparagraphs 5.2, 5.4, 5.5, and 
5.7 of the Settlement Agreement and Water Rights 
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relating to land held in trust by the United States 
for the Hopi Tribe, as described in subparagraphs 
5.10, 5.11, 5.12, and 5.13 of the Settlement Agree-
ment, shall not be subject to loss by non-use, for-
feiture, or abandonment. 
(3) SAN
JUAN
SOUTHERN
PAIUTE
TRIBE.— 
Water Rights of the San Juan Southern Paiute 
Tribe described in subparagraphs 6.2.3, 6.2.4, and 
6.2.6 of the Settlement Agreement shall not be sub-
ject to loss by non-use, forfeiture, or abandonment. 
(4) HOPI
ALLOTTEES.—Water Rights of the 
Hopi Allottees described in subparagraph 5.9 of the 
Settlement Agreement shall not be subject to loss by 
non-use, forfeiture, or abandonment. 
(f) NAVAJO ALLOTTEES.— 
(1) APPLICABILITY OF THE ACT OF FEBRUARY 
8, 1887.—Section 7 of the Act of February 8, 1887 
(24 Stat. 390, chapter 119; 25 U.S.C. 381), shall 
apply to the Water Rights described in subsection 
(c)(1). 
(2) ENTITLEMENT TO WATER.—The rights of 
Navajo Allottees, and the United States acting as 
trustee for Navajo Allottees, to use water on Navajo 
Allotments located on the Navajo Reservation shall 
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be satisfied solely from the Water Rights described 
in subsection (c)(1). 
(3) ALLOCATIONS.—A Navajo Allottee shall be 
entitled to a just and equitable distribution of water 
for irrigation purposes. 
(4) CLAIMS.— 
(A) EXHAUSTION OF REMEDIES.—Before 
asserting any claim against the United States 
under section 7 of the Act of February 8, 1887 
(24 Stat. 390, chapter 119; 25 U.S.C. 381), or 
any other applicable law, a Navajo Allottee shall 
exhaust remedies available under the Navajo 
Nation Water Code or other applicable Navajo 
law. 
(B) ACTION FOR RELIEF.—After the ex-
haustion of all remedies available under the 
Navajo Nation Water Code or other applicable 
Navajo law pursuant to subparagraph (A), a 
Navajo Allottee may seek relief under section 7 
of the Act of February 8, 1887 (24 Stat. 390, 
chapter 119; 25 U.S.C. 381), or other applica-
ble law. 
(5) AUTHORITY OF THE SECRETARY.—The Sec-
retary may protect the rights of Navajo Allottees in 
accordance with this subsection. 
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(g) NAVAJO NATION WATER CODE.— 
(1) IN GENERAL.—The Navajo Nation Water 
Code shall provide— 
(A) that Use of water by Navajo Allottees 
shall be satisfied with water from the Water 
Rights described in subsection (c)(1); 
(B) a process by which a Navajo Allottee 
may request that the Navajo Nation allocate 
water in accordance with the Settlement Agree-
ment, including the provision of water under 
any Navajo Allottee lease under section 4 of the 
Act of June 25, 1910 (36 Stat. 856, chapter 
431; 25 U.S.C. 403); 
(C) a due process system for the consider-
ation and determination by the Navajo Nation 
of any request of a Navajo Allottee (or a suc-
cessor in interest to a Navajo Allottee) for an 
allocation of water on a Navajo Allotment, in-
cluding a process for— 
(i) appeal and adjudication of any de-
nied or disputed distribution of water; and 
(ii) resolution of any contested admin-
istrative decision; and 
(D) a requirement that any Navajo Allot-
tee asserting a claim relating to the enforce-
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ment of rights of the Navajo Allottee under the 
Navajo Nation Water Code, including to the 
quantity of water allocated to land of the Nav-
ajo Allottee, shall exhaust all remedies available 
to the Navajo Allottee under Navajo law before 
initiating an action against the United States 
or petitioning the Secretary pursuant to sub-
section (f)(4)(B). 
(2) TRIBAL CONSULTATION.— 
(A) IN GENERAL.—After consultation with 
the Navajo Nation, the Secretary shall deter-
mine whether the Navajo Nation Water Code in 
effect on the date of enactment of this Act sat-
isfies the requirements of paragraph (1). 
(B) SATISFIES
REQUIREMENTS.—If the 
Secretary determines that the Navajo Nation 
Water Code in effect on the date of enactment 
of this Act satisfies the requirements of para-
graph (1), the Secretary shall notify the Navajo 
Nation of that determination in writing. 
(C) DOES NOT SATISFY REQUIREMENT.— 
If the Secretary determines that the Navajo 
Nation Water Code in effect on the date of en-
actment of this Act does not satisfy the require-
ments of paragraph (1), the Secretary shall no-
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tify the Navajo Nation in writing that amend-
ments are necessary to satisfy the requirements 
of subsection (g)(1). 
(3) NAVAJO NATION ACTION.—Not later than 3 
years after the date on which the Secretary notifies 
the Navajo Nation pursuant to paragraph (2)(C), 
the Navajo Nation shall amend the Navajo Nation 
Water Code and submit to the Secretary the amend-
ments to the Navajo Nation Water Code for review 
and approval pursuant to subsection (h). 
(h) ACTION BY THE SECRETARY.— 
(1) IN GENERAL.—The Secretary shall admin-
ister, with respect to the rights of the Navajo 
Allottees, the Water Rights identified under sub-
section (c)(1) during the period beginning on the 
date of enactment of this Act and ending on the ear-
lier of— 
(A) the date on which the Secretary pro-
vides notice to the Navajo Nation pursuant to 
paragraph (2)(B) of subsection (g) that the 
Navajo Nation Water Code satisfies the re-
quirements of paragraph (1) of that subsection; 
and 
(B) the date on which the Secretary has 
approved amendments to the Navajo Nation 
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Water Code submitted pursuant to subsection 
(g)(3). 
(2) APPROVAL.—The Navajo Nation Water 
Code amendments described in subsection (g)(3) 
shall not be valid unless— 
(A) the amendments described in that sub-
section have been approved by the Secretary; 
and 
(B) each subsequent amendment to the 
Navajo Nation Water Code that affects the 
rights of a Navajo Allottee is approved by the 
Secretary. 
(3) APPROVAL PERIOD.— 
(A) APPROVAL PERIOD.—If the Secretary 
requires amendments to the Navajo Nation 
Water Code pursuant to paragraph (2)(C) of 
subsection (g), the Secretary shall approve or 
disapprove the amendments to the Navajo Na-
tion Water Code described in paragraph (3) of 
that subsection not later than 180 days after 
the date on which the amendments are sub-
mitted to the Secretary. 
(B) EXTENSION.—The deadline described 
in subparagraph (A) may be extended by the 
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Secretary after consultation with the Navajo 
Nation. 
(i) EFFECT.—Except as otherwise expressly provided 
in this section, nothing in this Act— 
(1) authorizes any action by a Navajo Allottee 
against any individual or entity, or against the Nav-
ajo Nation, under Federal, State, Tribal, or local 
law; or 
(2) alters or affects the status of any action 
brought pursuant to section 1491(a) of title 28, 
United States Code. 
SEC. 6. ALLOCATION AND ASSIGNMENT OF ARIZONA COLO-
RADO RIVER WATER TO THE TRIBES; WATER 
USE; 
STORAGE; 
WATER 
DELIVERY 
CON-
TRACTS. 
(a) ALLOCATION AND ASSIGNMENT TO THE NAVAJO 
NATION AND THE HOPI TRIBE.— 
(1) ALLOCATION
AND
ASSIGNMENT
TO
THE 
NAVAJO NATION.— 
(A) NAVAJO NATION UPPER BASIN COLO-
RADO RIVER WATER.— 
(i) STATE AGREEMENT.—Pursuant to 
subparagraph 4.7.1 of the Settlement 
Agreement, the State has expressly agreed 
to the allocation described in clause (ii). 
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(ii) ALLOCATION.—44,700 AFY of 
Arizona Upper Basin Colorado River 
Water is allocated to the Navajo Nation on 
the Enforceability Date. 
(B) NAVAJO
NATION
CIBOLA
WATER.— 
Pursuant to subparagraph 4.8.2 of the Settle-
ment Agreement, the State has recommended 
the assignment of Navajo Nation Cibola Water 
by the Hopi Tribe to the Navajo Nation effec-
tive on the Enforceability Date. 
(C) NAVAJO
NATION
FOURTH
PRIORITY 
WATER.— 
(i) STATE
RECOMMENDATION.—Pur-
suant to subparagraph 4.9.1 of the Settle-
ment Agreement, the State has rec-
ommended the allocation described in 
clause (ii). 
(ii) ALLOCATION.—3,500 AFY of 
uncontracted Fourth Priority Water re-
served for Use in a Navajo-Hopi Indian 
Water Rights settlement under paragraph 
11.3 of the Arizona Water Settlement 
Agreement among the United States, the 
State, and CAWCD, as authorized by 
paragraphs (1) and (2) of section 106(a) 
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of the Central Arizona Project Settlement 
Act of 2004 (Public Law 108–451; 118 
Stat. 3492), is allocated to the Navajo Na-
tion on the Enforceability Date. 
(2) ALLOCATION TO HOPI TRIBE AND AMEND-
MENT TO CIBOLA CONTRACT.— 
(A) HOPI TRIBE UPPER BASIN COLORADO 
RIVER WATER.— 
(i) STATE AGREEMENT.—Pursuant to 
subparagraph 5.7.1 of the Settlement 
Agreement, the State has expressly agreed 
to the allocation described in clause (ii). 
(ii) ALLOCATION.—2,300 AFY of Ari-
zona Upper Basin Colorado River Water is 
allocated to the Hopi Tribe on the En-
forceability Date. 
(B) HOPI TRIBE CIBOLA WATER.—Pursu-
ant to subparagraph 5.8.1 of the Settlement 
Agreement, the State has recommended the 
amendment of the existing Hopi Tribe Cibola 
Contract to reduce the Fourth Priority Water 
diversion entitlement of the Hopi Tribe to 
4,178 AFY, and to provide for additional Uses 
and places of Use of Hopi Tribe Cibola Water, 
effective on the Enforceability Date. 
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ajo Nation at the Navajo Reservoir and the 
Frank Chee Willetto, Sr. Reservoir in the State 
of New Mexico, the Navajo Nation may not use, 
lease, exchange, forbear, or otherwise transfer 
any of the water described in subparagraphs 
(A), (B), and (C) for Use directly or indirectly 
outside of the State. 
(2) COLORADO RIVER WATER USE BY THE HOPI 
TRIBE.— 
(A) HOPI TRIBE UPPER BASIN COLORADO 
RIVER WATER USE.—Subject to the limitations 
of this Act, the Hopi Tribe may divert its Hopi 
Tribe Upper Basin Colorado River Water in the 
State for Use at any location in the State. 
(B) HOPI
TRIBE
CIBOLA
WATER
USE.— 
The Hopi Tribe may divert its Hopi Tribe 
Cibola Water in the State in the Upper Basin 
at Lake Powell or in the Lower Basin for Use 
at any location within the Lower Basin. 
(C) NO USE OUTSIDE OF THE STATE.— 
The Hopi Tribe may not use, lease, exchange, 
forbear, or otherwise transfer any of the water 
described in subparagraphs (A) and (B) for Use 
directly or indirectly outside of the State. 
(3) CURTAILMENT.— 
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(A) NAVAJO NATION.— 
(i) NAVAJO
NATION
CIBOLA
WATER 
AND
NAVAJO
NATION
FOURTH
PRIORITY 
WATER.—Delivery of Navajo Nation Cibola 
Water and Navajo Nation Fourth Priority 
Water, regardless of the point of diversion, 
shall be subject to reduction in any year in 
which a shortage is declared to the same 
extent as other non-CAP Fourth Priority 
Water. 
(ii) OTHER
ARIZONA
LOWER
BASIN 
COLORADO
RIVER
WATER
ACQUIRED
BY 
THE NAVAJO NATION.—Any other Arizona 
Lower Basin Colorado River Water that 
the Navajo Nation may acquire shall be 
subject to reduction in any year in which 
a shortage is declared in accordance with 
criteria applied by the Secretary to water 
of the same priority. 
(B) HOPI TRIBE.— 
(i) 
FOURTH
PRIORITY
CIBOLA 
WATER.—Delivery of Hopi Tribe Cibola 
Water of fourth priority, regardless of the 
point of diversion, shall be subject to re-
duction in any year in which a shortage is 
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declared to the same extent as other non- 
CAP Fourth Priority Water. 
(ii) FIFTH
PRIORITY.—Delivery of 
Hopi Tribe Cibola Water of fifth priority, 
regardless of the point of diversion, shall 
be subject to reduction in any year in 
which a shortage is declared to the same 
extent as other Fifth Priority Water. 
(iii) OTHER
ARIZONA
LOWER
BASIN 
COLORADO
RIVER
WATER
ACQUIRED
BY 
THE
HOPI
TRIBE.—Any other Arizona 
Lower Basin Colorado River Water that 
the Hopi Tribe may acquire shall be sub-
ject to reduction in any year in which a 
shortage is declared in accordance with cri-
teria applied by the Secretary to water of 
the same priority. 
(c) COLORADO RIVER WATER STORAGE.— 
(1) STORAGE IN ARIZONA.— 
(A) ARIZONA
UPPER
BASIN
COLORADO 
RIVER
WATER.—Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe Upper 
Basin Colorado River Water may be stored at 
underground storage facilities or Groundwater 
savings facilities located— 
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(i) within the Navajo Reservation in 
accordance with Navajo law, or State law 
if mutually agreed to by the Navajo Nation 
and the State; 
(ii) within the Hopi Reservation in ac-
cordance with Hopi law, or State law if 
mutually agreed to by the Hopi Tribe and 
the State; 
(iii) on any other Indian reservation 
located in the State in accordance with ap-
plicable law; and 
(iv) within the State and outside of 
any Indian reservation in accordance with 
State law. 
(B) ARIZONA
LOWER
BASIN
COLORADO 
RIVER WATER.—Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, and 
Hopi Tribe Cibola Water may be stored at un-
derground storage facilities or Groundwater 
savings facilities located— 
(i) within the Navajo Reservation in 
accordance with Navajo law, or State law 
if mutually agreed to by the Navajo Nation 
and the State; 
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(ii) within the Hopi Reservation in ac-
cordance with Hopi law, or State law if 
mutually agreed to by the Hopi Tribe and 
the State; 
(iii) on any other Indian reservation 
located in the State that falls within the 
Lower Basin in accordance with applicable 
law; and 
(iv) within any portion of the State 
that falls within the Lower Basin and out-
side of any Indian reservation in accord-
ance with State law. 
(2) STORAGE CREDITS.— 
(A) IN GENERAL.—The Navajo Nation and 
the Hopi Tribe may assign any long-term stor-
age credits accrued as a result of storage under 
subparagraphs (A) and (B) of paragraph (1) in 
accordance with applicable law. 
(B) 
STORAGE
PURSUANT
TO
TRIBAL 
LAW.—Any water stored pursuant to Tribal law 
may only be recovered on the Indian reservation 
where the water was stored. 
(3) STORAGE
IN
NEW
MEXICO.—The Navajo 
Nation may store in, divert, and convey its Navajo 
Nation Upper Basin Colorado River Water from the 
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Navajo Reservoir and the Frank Chee Willetto, Sr. 
Reservoir in New Mexico, subject to the require-
ments of subsection (g), including that the water 
stored at the Navajo Reservoir or the Frank Chee 
Willetto, Sr. Reservoir is subject to agreements with 
and permits from the State of New Mexico and is 
accounted for as provided in that subsection and sec-
tion 17(a)(3). 
(4) STORAGE CONTRACT REQUIREMENTS.— 
(A) IN GENERAL.—All contracts to store 
Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water or Hopi 
Tribe Cibola Water shall identify— 
(i) the place of storage of the water; 
(ii) the mechanisms for delivery of the 
water; and 
(iii) each point of diversion under the 
applicable contract. 
(B) CONFLICTS.—A contract to store Nav-
ajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper 
Basin Colorado River Water, or Hopi Tribe 
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Cibola Water shall not conflict with the Settle-
ment Agreement or this Act. 
(C) SYSTEM CONSERVATION.— 
(i) SYSTEM CONSERVATION IN LAKE 
POWELL.— 
(I) IN
GENERAL.—Subject to 
subclauses (IV) through (VII), the 
Secretary is authorized and directed 
to enter into NAIWRSA System Con-
servation Program agreements with 
the Navajo Nation and the Hopi 
Tribe to provide for the storage of 
17,050 AFY of the System Conserva-
tion Eligible Water each year for a 
period of 20 years to be retained in 
Lake Powell until the end of the 20- 
year period for the benefit of the Col-
orado River System. 
(II) NAVAJO NATION AND HOPI 
TRIBE AGREEMENTS.— 
(aa) NAVAJO NATION.—Pur-
suant to subclause (I), the Nav-
ajo Nation shall enter into 20- 
year NAIWRSA System Con-
servation Program agreement to 
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deliver 16,214.55 AFY of the 
System 
Conservation 
Eligible 
Water to the Secretary to be re-
tained in Lake Powell and ac-
counted for separately during the 
20-year period for the benefit of 
the Colorado River System. 
(bb) HOPI
TRIBE.—Pursu-
ant to subclause (I), the Hopi 
Tribe shall enter into a 20-year 
NAIWRSA System Conservation 
Program agreement to deliver 
835.45 AFY of the System Con-
servation Eligible Water to the 
Secretary to be retained in Lake 
Powell and accounted for sepa-
rately during the 20-year period 
for the benefit of the Colorado 
River System. 
(III) 
NOTIFICATION.—Notwith-
standing subclause (II), during the 
20-year period in which the Navajo 
Nation and the Hopi Tribe are deliv-
ering water to the NAIWRSA System 
Conservation Program, if the Hopi 
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Tribe intends to deliver more than 
1,464.55 AFY of Hopi Tribe Upper 
Basin Colorado River Water to the 
Hopi Reservation in any calendar 
year— 
(aa) the Hopi Tribe shall 
notify the Navajo Nation prior to 
the start of that calendar year of 
the amount of Hopi Tribe Upper 
Basin Colorado River Water in 
excess of 1,464.55 AFY that the 
Hopi Tribe intends to deliver to 
the Hopi Reservation during the 
subsequent calendar year; and 
(bb) the Navajo Nation shall 
deliver sufficient additional Sys-
tem Conservation Eligible Water 
to ensure that 17,050 AFY is de-
livered to the Secretary each cal-
endar year to be retained in Lake 
Powell 
pursuant 
to 
the 
NAIWRSA System Conservation 
Program. 
(IV) EVAPORATION
LOSSES.— 
The System Conservation Eligible 
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Water stored in Lake Powell shall be 
subject to evaporation losses. 
(V) RELEASE.—Notwithstanding 
the intention to retain the System 
Conservation Eligible Water stored in 
Lake Powell for 20 years, as described 
in subclauses (I) and (II), the System 
Conservation Eligible Water may be 
released— 
(aa) pursuant to an agree-
ment signed by the Governors’ 
representatives of the Colorado 
River Basin States and the Bu-
reau; or 
(bb) by the Bureau con-
sistent with operating criteria or 
guidelines. 
(VI) NO CONSIDERATION IN AN-
NUAL
RELEASE.—The System Con-
servation Eligible Water stored at 
Lake Powell shall not be considered 
when determining the annual release 
of Lake Powell under the operational 
criteria or guidelines in place for any 
year in the 20-year period in which 
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the Navajo Nation and the Hopi 
Tribe are delivering water to the 
NAIWRSA System Conservation Pro-
gram and any subsequent year. 
(VII) ACCOUNTING
AS
UPPER 
BASIN.—Any System Conservation El-
igible Water released from storage 
shall be accounted for as Upper Basin 
releases under article III of the Colo-
rado River Compact. 
(ii) PARTICIPATION IN SYSTEM CON-
SERVATION PROGRAMS.—In addition to the 
NAIWRSA System Conservation Program 
to store System Conservation Eligible 
Water in Lake Powell for 20 years as de-
scribed in subclauses (I) and (II) of clause 
(i), the Navajo Nation and the Hopi Tribe 
are authorized to participate in System 
Conservation programs in the Upper Basin 
for Navajo Nation Upper Basin Colorado 
River Water and Hopi Tribe Upper Basin 
Colorado River Water and in the Lower 
Basin for Navajo Nation Cibola Water and 
Navajo Nation Fourth Priority Water and 
Hopi Tribe Cibola Water to the extent that 
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the water meets the applicable require-
ments of those System Conservation pro-
grams. 
(d) TRANSPORTATION
OF WATER THROUGH
THE 
CAP SYSTEM.—Subject to the accounting provisions of 
section 17, the Navajo Nation or the Hopi Tribe may 
transport Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado 
River Water, and Hopi Tribe Cibola Water through the 
CAP system for storage or Use in accordance with all laws 
of the United States and the agreements between the 
United States and CAWCD governing the Use of the CAP 
system to transport water other than CAP Water, includ-
ing payment of applicable charges. 
(e) WATER DELIVERY CONTRACTS.—The Secretary 
shall enter into the following water delivery contracts, 
which shall be without limit as to term: 
(1) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACTS FOR NAVAJO NATION UPPER BASIN COLO-
RADO RIVER WATER.— 
(A) IN
GENERAL.—The Secretary shall 
enter into a water delivery contract with the 
Navajo Nation for Navajo Nation Upper Basin 
Colorado River Water in accordance with the 
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Settlement Agreement, which shall provide for, 
among other things— 
(i) the delivery of up to 44,700 AFY 
of Navajo Nation Upper Basin Colorado 
River Water; 
(ii) 1 or more points of diversion in 
the State, New Mexico, and Utah; 
(iii) 1 or more storage locations at 
any place within the State and in the Nav-
ajo Reservoir and the Frank Chee Willetto, 
Sr. Reservoir in New Mexico; 
(iv) subject to the limitations of this 
Act, Use at any location within the State; 
and 
(v) delivery of Navajo Nation Upper 
Basin Colorado River Water to the Navajo 
Nation’s lessees and exchange partners in 
the Upper Basin and the Lower Basin 
within the State. 
(B) 
EXISTING
WATER
SERVICE
CON-
TRACT.— 
(i) IN GENERAL.—Water Service Con-
tract No. 09–WC–40–318 between the 
United States and the Navajo Nation 
dated December 23, 2009, for the delivery 
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of up to 950 AFY of water from Lake 
Powell to the Navajo Nation for municipal 
and industrial Use within the Community 
of LeChee shall be replaced with a Navajo 
Nation Water Delivery Contract for the de-
livery of Navajo Nation Upper Basin Colo-
rado River Water that complies with sub-
paragraph (A). 
(ii) TERMINATION.—As provided in 
the Settlement Agreement, on the Enforce-
ability Date, the water service contract de-
scribed in clause (i) shall terminate. 
(2) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACT FOR NAVAJO NATION CIBOLA WATER.—The 
Secretary shall enter into a water delivery contract 
with the Navajo Nation for the Navajo Nation 
Cibola Water in accordance with the Settlement 
Agreement, which shall provide for, among other 
things— 
(A)(i) the diversion of up to 100 AFY at 
the location and for the same Uses described in 
the Hopi Tribe Existing Cibola Contract; or 
(ii) delivery and consumptive use of up to 
71.5 AFY at locations and for Uses within the 
State within the Lower Basin other than as de-
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scribed in the Hopi Tribe Existing Cibola Con-
tract; 
(B) 1 or more points of diversion in the 
State within the Lower Basin or at Lake Pow-
ell; 
(C) storage in any location within the 
State within the Lower Basin Reservoir in New 
Mexico; 
(D) Use at any location within the State 
within the Lower Basin; 
(E) delivery of Navajo Nation Cibola 
Water to the Navajo Nation’s lessees and ex-
change partners in the State within the Lower 
Basin; and 
(F) curtailment as provided in subsection 
(b)(3)(A). 
(3) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACT
FOR
NAVAJO
NATION
FOURTH
PRIORITY 
WATER.—The Secretary shall enter into a water de-
livery contract with the Navajo Nation for Navajo 
Nation Fourth Priority Water in accordance with 
the Settlement Agreement, which shall provide for, 
among other things— 
(A) delivery of up to 3,500 AFY of Navajo 
Nation Fourth Priority Water; 
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(B) 1 or more points of diversion in the 
State within the Lower Basin or at Lake Pow-
ell; 
(C) storage in any location within the 
State within the Lower Basin; 
(D) Use at any location within the State 
within the Lower Basin; 
(E) delivery of Navajo Nation Fourth Pri-
ority Water to the Navajo Nation’s lessees and 
exchange partners in the State within the 
Lower Basin; and 
(F) curtailment as provided in subsection 
(b)(3)(A). 
(4) HOPI
TRIBE
DELIVERY
CONTRACTS
FOR 
HOPI
TRIBE
UPPER
BASIN
COLORADO
RIVER 
WATER.—The Secretary shall enter into a water de-
livery contract with the Hopi Tribe for Hopi Tribe 
Upper Basin Colorado River Water in accordance 
with the Settlement Agreement, which shall provide 
for, among other things— 
(A) the delivery of up to 2,300 AFY of 
Hopi Tribe Upper Basin Colorado River Water; 
(B) 1 or more points of diversion in the 
State, including Lake Powell; 
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(C) 1 or more storage locations at any 
place within the State; 
(D) subject to the limitations of this Act, 
Use at any location within the State; and 
(E) delivery of Hopi Tribe Upper Basin 
Colorado River Water to the Hopi Tribe’s les-
sees and exchange partners in the Upper Basin 
and the Lower Basin within the State. 
(5) HOPI TRIBE WATER DELIVERY CONTRACT 
FOR
HOPI
TRIBE
CIBOLA
WATER.—The Secretary 
shall enter into a water delivery contact with the 
Hopi Tribe for Hopi Tribe Cibola Water in accord-
ance with the Settlement Agreement, which shall 
provide for, among other things— 
(A) the delivery of up to 4,178 AFY of 
Fourth Priority Water, 750 AFY of Fifth Pri-
ority Water, and 1,000 AFY of Sixth Priority 
Water; 
(B) 1 or more points of diversion in the 
State within the Lower Basin or at Lake Pow-
ell; 
(C) storage in any location within the 
State within the Lower Basin; 
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(D) Use at any location within the State 
within the Lower Basin, consistent with sub-
paragraph 5.8.3 of the Settlement Agreement; 
(E) delivery of Hopi Tribe Cibola Water to 
the Hopi Tribe’s lessees and exchange partners 
in the State within the Lower Basin; and 
(F) curtailment as provided in subsection 
(b)(3)(B). 
(f) REQUIREMENTS AND LIMITATIONS APPLICABLE 
TO WATER DELIVERY CONTRACTS.—The Navajo Nation 
Water Delivery Contracts and Hopi Tribe Water Delivery 
Contracts shall be subject to the following requirements 
and limitations: 
(1) Except for storage by the Navajo Nation at 
the Navajo Reservoir and the Frank Chee Willetto, 
Sr. Reservoir in New Mexico, and in accordance with 
subsection (g), a water delivery contract shall not 
permit the Use of the water outside of the State. 
(2) A water delivery contract shall not, either 
temporarily or permanently, alter or reduce the an-
nual Lower Basin apportionment of the State pursu-
ant to the Boulder Canyon Project Act (43 U.S.C. 
617 et seq.) and the Decree, or annual Upper Basin 
apportionment pursuant to the Upper Colorado 
River Basin Compact of 1948. 
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(3) Nothing in a water delivery contract shall 
alter or impair the rights, authorities, and interests 
of California, Nevada, or the State under the Boul-
der Canyon Project Act (43 U.S.C. 617 et seq.), the 
contract between the United States and the State 
dated February 9, 1944, the Upper Colorado River 
Basin Compact of 1948 or the Decree. 
(4) A water delivery contract shall not limit the 
ability of California, Nevada, or the State to seek or 
advocate changes in the operating rules, criteria, or 
guidelines of the Colorado River System as those 
rules, criteria, or guidelines apply to the apportion-
ments of the State from the Upper Basin and the 
Lower Basin of the Colorado River. 
(5) In the event that a water delivery contract 
will result in the delivery of Arizona Upper Basin 
Colorado River Water to the Lower Basin, the Sec-
retary shall confer with the State and with the Gov-
ernors’ representatives of the Colorado River Basin 
States prior to executing that water delivery contract 
with respect to— 
(A) the impact of the water deliveries on 
the availability of Upper Basin Colorado River 
Water or Arizona Lower Basin Colorado River 
Water within the State; 
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(B) the annual accounting conducted by 
the Bureau for the Colorado River apportion-
ments of the State in the Upper Basin and 
Lower Basin; 
(C) how diversions of Arizona Upper Basin 
Colorado River Water in the Lower Basin will 
be administered consistently with the Decree; 
and 
(D) as appropriate, the impact of the 
water deliveries on the operations of the Central 
Arizona Project. 
(6) A water delivery contract shall identify— 
(A) the place of Use of the water; 
(B) the purpose of the Use of the water 
during the term of the contract; 
(C) the mechanism for delivery of the 
water; and 
(D) each point of diversion under the con-
tract. 
(7) A water delivery contract shall not prejudice 
the interests of California, Nevada, or the State, or 
serve as precedent against California, Nevada, or the 
State, in any litigation relating to the apportion-
ment, diversion, storage, or Use of water from the 
Colorado River System. 
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(8) In the case of a conflict between a water de-
livery contract and this Act or the Settlement Agree-
ment, this Act or the Settlement Agreement shall 
control. 
(9) Any material amendment or modification of 
a water delivery contract shall comply with, and be 
subject to, all requirements and limitations for the 
water delivery contract, as described in the Settle-
ment Agreement and this Act. 
(10) A water delivery contract shall become ef-
fective on the Enforceability Date and, once effec-
tive, shall be permanent and without limit as to 
term. 
(11) The United States shall waive Colorado 
River Storage Project standby charges and delivery 
charges and annual administration fees for water de-
livered pursuant to a water delivery contract. 
(g) CONDITIONS
FOR STORAGE, DIVERSION, AND 
CONVEYANCE IN NEW MEXICO.— 
(1) REQUIREMENTS FOR WATER DIVERTED IN 
NEW MEXICO FOR USE BY THE NAVAJO NATION IN 
ARIZONA.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this Act, water shall not be 
stored in, diverted in, or conveyed from New 
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Mexico for Use by the Navajo Nation in the 
State except in compliance with this subsection 
or subparagraph 7(g) of the Partial Final De-
cree (as defined in section 10302 of the North-
western New Mexico Rural Water Projects Act 
(43 U.S.C. 407 note; Public Law 111–11)). 
(B) WATER PROVIDED UNDER PUBLIC LAW 
111–11.—6,411 AFY of Navajo Nation Upper 
Basin Colorado River Water may be stored in, 
diverted in, and conveyed from New Mexico for 
Use in the State— 
(i) consistent with the terms and re-
quirements of the Northwestern New Mex-
ico Rural Water Projects Act (Public Law 
111–11; 123 Stat. 1367) and the Partial 
Final Decree (as defined in section 10302 
of that Act (43 U.S.C. 407 note; Public 
Law 111–11)); and 
(ii) in accordance with an appropriate 
permit issued under New Mexico law with 
a place of use consistent with subpara-
graph (D). 
(C) ADDITIONAL
WATER
UNDER
THIS 
ACT.—In addition to the 6,411 AFY pursuant 
to subparagraph (B), 12,000 AFY of Navajo 
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Nation Upper Basin Colorado River Water may 
be stored in, diverted in, and conveyed from the 
San Juan River in New Mexico for Use in the 
State, subject to the following conditions: 
(i) An agreement is executed between 
the Navajo Nation and the State of New 
Mexico, acting through its Interstate 
Stream Commission, enabling the storage 
in, diversion in, and conveyance from New 
Mexico of not to exceed 12,000 AFY of 
Navajo Nation Upper Basin Colorado 
River Water for Use by the Navajo Nation 
in the State when the Upper Basin Colo-
rado River Water is available for diversion 
in compliance with the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) and 
without resulting in forbearance of Use in 
New Mexico or a shortage to any water 
uses as provided in the Navajo Reservoir 
Operations guidelines pursuant to the 
2006 environmental impact statement pre-
pared by the Bureau, or any updated 
guidelines or requirements for Navajo Res-
ervoir Operations as may become effective 
in the future. 
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(ii) If the Navajo Nation and the 
State of New Mexico, acting through its 
Interstate Stream Commission, are able to 
agree on terms, an agreement is executed 
covering periods of time when the Navajo 
Nation is not able to divert all or a portion 
of the 12,000 AFY of Navajo Nation 
Upper Basin Colorado River Water under 
clause (i), subject to the requirements 
that— 
(I) the agreement provides for 
limited forbearance of Navajo Nation 
water in New Mexico or other mutu-
ally acceptable mechanisms for mak-
ing all or a portion of the 12,000 
AFY of Navajo Nation Upper Basin 
Colorado River Water available to the 
Navajo Nation in the State; and 
(II) the United States and the 
Governors’ representatives of the Col-
orado River Basin States have agreed 
on an appropriate measure or ac-
counting method for such forbearance 
or mechanisms to ensure that the 
ability of New Mexico to utilize its ap-
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portionment under the Upper Colo-
rado River Basin Compact of 1948 is 
preserved. 
(D) PERMITS AS A CONDITION FOR DELIV-
ERY.—No water under subparagraph (B) or (C) 
may be delivered unless the New Mexico State 
Engineer has issued an appropriate permit for 
any diversion from the San Juan River system 
or underground basin in New Mexico and stor-
age and release of water from the Navajo Res-
ervoir or the Frank Chee Willetto, Sr. Reservoir 
to supply Use on Navajo Land within the State 
and for municipal Use adjoining the Navajo 
Reservation from water distribution facilities 
that are physically connected or planned for 
connection, as of the date of enactment of this 
Act, to water distribution facilities on the Nav-
ajo Reservation in the State. 
(E) WATER
DELIVERY
CONTRACTS.—No 
water under subparagraph (B) or (C) may be 
delivered until the Navajo Nation and the Sec-
retary have entered into the appropriate water 
delivery contract described in subsection (e) for 
the amount of water to be delivered, which shall 
be consistent with the agreements described in 
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subparagraph (C) and permits described in sub-
paragraph (D). 
(F) PROHIBITION
ON
LEASING
AND
EX-
CHANGES.—No water diverted in or conveyed 
from New Mexico under this subsection shall be 
leased or exchanged in the State. 
(2) ACCOUNTING OF WATER DIVERTED IN NEW 
MEXICO FOR USE IN ARIZONA.— 
(A) IN GENERAL.—Depletion of water that 
results from the diversion of water from the 
San Juan River system or underground basin 
in New Mexico for Use within the State (includ-
ing depletion incidental to the storage in, diver-
sion in, or conveyance from New Mexico for 
Use in the State) shall be— 
(i) accounted as consumptive Use of 
Navajo Nation Upper Basin Colorado 
River Water; and 
(ii) charged against Arizona Upper 
Basin Colorado River Water. 
(B) EXCEPTION
UNDER
LATER
AGREE-
MENT.—If an agreement is reached pursuant to 
paragraph (1)(C)(ii) providing for forbearance 
or other mechanism to make water available, 
the measure or accounting mechanism provided 
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for in accordance with subclause (II) of that 
paragraph shall apply. 
(3) REQUIREMENTS
AND
ACCOUNTING
FOR 
WATER
SUBJECT
TO
THE
NAVAJO-UTAH
WATER 
RIGHTS
SETTLEMENT
DIVERTED
IN
NEW
MEXICO 
FOR USE IN UTAH.— 
(A) IN GENERAL.—Any storage in, diver-
sion in, and conveyance of water from New 
Mexico for use in Utah authorized under the 
Northwestern 
New 
Mexico 
Rural 
Water 
Projects Act (Public Law 111–11; 123 Stat. 
1367) shall be— 
(i) subject to the same requirements 
for accounting as provided in paragraph 
(2), but applicable to Utah; and 
(ii) charged against the Upper Basin 
apportionment of the State of Utah under 
the Colorado River Compact and the 
Upper Colorado River Basin Compact of 
1948. 
(B) OTHER REQUIREMENTS.—In addition 
to the requirements under subparagraph (A), 
the storage, diversion, and conveyance of up to 
2,000 AFY shall require— 
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(i) an appropriate permit from the 
New Mexico State Engineer; 
(ii) coordination with the Utah State 
Engineer as required by the Utah-Navajo 
Water Rights Settlement and the North-
western New Mexico Rural Water Projects 
Act (Public Law 111–11; 123 Stat. 1367); 
(iii) an agreement between the Navajo 
Nation and the State of New Mexico, act-
ing through its Interstate Stream Commis-
sion; and 
(iv) an agreement between the State 
of New Mexico, acting through its Inter-
state Stream Commission, and the State of 
Utah, to ensure that the apportionments of 
the States of New Mexico and Utah and 
rights under the Upper Colorado River 
Basin Compact of 1948 are preserved. 
(4) NAVAJO NATION UPPER BASIN COLORADO 
RIVER
WATER
DIVERTED
IN
NEW
MEXICO.—The 
Navajo Nation may not use, lease, contract, ex-
change, forbear, or otherwise transfer any water 
from the San Juan River system within the State of 
New Mexico for Use directly or indirectly outside of 
New Mexico except— 
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(A) by agreement of the State of New 
Mexico, acting through its Interstate Stream 
Commission, based, in whole or in part, on its 
determination that the rights and entitlements 
of the State of New Mexico under the Colorado 
River Compact and the Upper Colorado River 
Basin Compact of 1948 are not adversely af-
fected and water uses within New Mexico are 
adequately protected; 
(B) by issuance of appropriate permits by 
the New Mexico State Engineer; and 
(C) to allow the Navajo Nation to forbear 
pursuant to section 10603(d) of the North-
western New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1386)— 
(i) to enable delivery to the State of 
the 6,411 AFY described in paragraph 
(1)(B); and 
(ii) to enable delivery to Utah of up to 
2,000 AFY described in paragraph (3). 
(5) PROTECTION OF USES IN NEW MEXICO.—As 
determined by the State of New Mexico, acting 
through its Interstate Stream Commission and its 
State Engineer, pursuant to this subsection, storage, 
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diversion, or conveyance of water in New Mexico for 
Use in the State or Utah shall not adversely affect— 
(A) Water Rights or Uses in New Mexico; 
or 
(B) delivery of water under contracts en-
tered into under— 
(i) the Act of June 13, 1962 (Public 
Law 87–483; 76 Stat. 96); and 
(ii) New Mexico State Engineer File 
Nos. 2847, 2848, 2849, 2883, and 2917. 
(h) CONDITIONS FOR DIVERSION OF NAVAJO NATION 
UPPER BASIN COLORADO RIVER WATER IN UTAH.— 
(1) REQUIREMENTS FOR WATER DIVERTED IN 
UTAH FOR USE IN ARIZONA.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this Act, water shall not be 
stored in, diverted in, and conveyed from Utah 
for Use by the Navajo Nation in the State ex-
cept in compliance with this subsection. 
(B) WATER PROVIDED UNDER CONTRACT 
WITH THE UNITED STATES.—If the Navajo Na-
tion requests to divert a portion of its Navajo 
Nation Upper Basin Colorado River Water in 
Utah for Use in the State pursuant to a water 
delivery contract with the United States, the 
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Secretary shall confer with Utah prior to exe-
cuting that water delivery contract to ensure 
compliance with the rights and entitlements of 
Utah under the Upper Colorado River Basin 
Compact of 1948 and Utah State law. 
(C) WATER
DIVERTED
ON
THE
NAVAJO 
RESERVATION.—Water may be diverted on the 
Navajo Reservation in Utah for delivery to the 
Navajo Reservation in the State once the Nav-
ajo Nation has obtained approval by the Utah 
State Engineer through a diversion permit that 
requires compliance with applicable Utah State 
law, including the requirement to appropriately 
measure diversions of water from the San Juan 
River system or underground basins in Utah to 
ensure that diversion of Navajo Nation Upper 
Basin Colorado River Water in Utah for use in 
the State shall not adversely affect Water 
Rights, Uses, or delivery of water in Utah. 
(D) WATER DIVERTED IN UTAH OFF THE 
NAVAJO RESERVATION.—Navajo Nation Upper 
Basin Colorado River Water may be diverted 
from a source off the Navajo Reservation only 
in accordance with Utah State law. 
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(E) PROHIBITION
ON
LEASING
AND
EX-
CHANGES.—No water diverted in or conveyed 
from Utah from the San Juan River under this 
paragraph shall be leased or exchanged in Ari-
zona. 
(2) ACCOUNTING OF USES IN ARIZONA.—Deple-
tion of water that results from the diversion of Nav-
ajo Nation Upper Basin Colorado River Water in 
Utah for Uses in the State (including depletion inci-
dental to storage, diversion, or conveyance of water) 
shall be— 
(A) accounted as consumptive Use of Nav-
ajo Nation Upper Basin Colorado River Water; 
and 
(B) charged against Arizona Upper Basin 
Colorado River Water. 
(i) WATER USES IN UTAH BY THE NAVAJO NATION 
AND THE SAN JUAN SOUTHERN PAIUTE TRIBE.— 
(1) WATER APPORTIONED TO UTAH.—The Nav-
ajo Nation or the San Juan Southern Paiute Tribe 
may not use, lease, contract, exchange, forbear, or 
otherwise transfer any water apportioned to the 
State of Utah by the Colorado River Compact or the 
Upper Colorado River Basin Compact of 1948 for 
Use directly or indirectly outside of the State of 
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Utah, except as provided for in the Navajo-Utah 
Water Rights Settlement and subject to subsection 
(g)(3). 
(2) CONTINUED APPLICABILITY OF THE NAV-
AJO-UTAH WATER RIGHTS SETTLEMENT.—Except as 
provided in subsection (g)(3), nothing in this Act 
modifies or is exempt from the terms of the Navajo- 
Utah Water Rights Settlement. 
(3) APPLICABILITY OF THE TREATY.—Pursuant 
to section XV of the Treaty, Water Rights for the 
San Juan Southern Paiute Tribe in the San Juan 
Southern Paiute Northern Area shall be quit 
claimed to the San Juan Southern Paiute Tribe by 
the Navajo Nation on publication in the Federal 
Register under section 19(g)(1)(A). 
(j) USE OF THE COLORADO RIVER MAINSTREAM AND 
SAN JUAN RIVER.— 
(1) IN GENERAL.—The Secretary may use— 
(A) the Colorado River mainstream and 
dams and works on the mainstream controlled 
or operated by the United States, which regu-
late the flow of water in the mainstream or the 
diversion of water from the mainstream in the 
Upper Basin or the Lower Basin to transport 
and deliver Navajo Nation Upper Basin Colo-
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rado River Water, Hopi Tribe Upper Basin Col-
orado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, 
and Hopi Tribe Cibola Water; and 
(B) the San Juan River and the dams and 
works described in subparagraphs 4.7.5, 4.8.4, 
and 4.9.4 of the Settlement Agreement to 
transport, store, and deliver Navajo Nation 
Upper Basin Colorado River Water. 
(2) NAVAJO NATION UPPER BASIN COLORADO 
RIVER WATER; HOPI TRIBE UPPER BASIN COLORADO 
RIVER WATER.—Navajo Nation Upper Basin Colo-
rado River Water or Hopi Tribe Upper Basin Colo-
rado River Water that enters the Lower Basin at 
Lee Ferry shall— 
(A) retain its character as Navajo Nation 
Upper Basin Colorado River Water or Hopi 
Tribe Upper Basin Colorado River Water; and 
(B) be accounted for separately by the Sec-
retary in a manner such that the Navajo Na-
tion Upper Basin Colorado River Water or the 
Hopi Tribe Upper Basin Colorado River Water 
is not subject to paragraphs II(A) and II(B) of 
the Decree. 
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100 
(3) SAN JUAN RIVER.—Navajo Nation Upper 
Basin Colorado River Water that enters the San 
Juan River and the dams and works described in 
subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settle-
ment Agreement shall retain its character as Navajo 
Nation Upper Basin Colorado River Water, but if 
Navajo Nation Upper Basin Colorado River Water 
spills from dams on the San Juan River described 
in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Set-
tlement Agreement, that water shall become part of 
the San Juan River system. 
(k) ACQUISITIONS OF ENERGY.—Power needed to de-
liver water to the Navajo Nation, the Hopi Tribe, or the 
San Juan Southern Paiute Tribe for projects constructed 
by the Tribes pursuant to the Settlement Agreement and 
this Act shall be acquired by the Tribes. 
(l) REPORTING
BY NAVAJO NATION
AND HOPI 
TRIBE.— 
(1) NAVAJO NATION.— 
(A) IN GENERAL.—Beginning on March 1 
of the first year following the year in which the 
Enforceability Date occurs, and on March 1 of 
each year thereafter, the Navajo Nation shall 
submit to the Arizona Department of Water 
Resources a report describing— 
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101 
(i) the annual diversion amount, 
points of diversion, and places of Use of 
Navajo Nation Upper Basin Colorado 
River Water; 
(ii) the annual diversion amount, 
points of diversion, and places of Use of 
Navajo Nation Cibola Water; 
(iii) the annual diversion amount, 
point of diversion, and places of Use of 
Navajo Nation Fourth Priority Water; 
(iv) the location and annual amount 
of any Off-Reservation storage of Navajo 
Nation 
Upper 
Basin 
Colorado 
River 
Water, Navajo Nation Cibola Water, and 
Navajo Nation Fourth Priority Water; 
(v) the amount of any Off-Reservation 
exchange involving Navajo Nation Upper 
Basin Colorado River Water, Navajo Na-
tion Cibola Water, and Navajo Nation 
Fourth Priority Water; and 
(vi) the location and annual amount 
of Navajo Nation Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, 
and Navajo Nation Fourth Priority Water 
leased Off-Reservation. 
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102 
(B) 
MEASUREMENT
OF
DIVERTED 
WATER.— 
(i) IN GENERAL.—In order to accu-
rately measure the flow of water diverted 
in the Upper Basin for Use by the Navajo 
Nation in the State, the Navajo Nation 
shall install suitable measuring devices at 
or near each point of diversion of Navajo 
Nation 
Upper 
Basin 
Colorado 
River 
Water, Navajo Nation Cibola Water, and 
Navajo Nation Fourth Priority Water from 
the Colorado River’s mainstem in the 
Upper Basin and the San Juan River in 
the Upper Basin. 
(ii) NOTIFICATION.—The Navajo Na-
tion shall notify the Arizona Department 
of Water Resources, in writing, of any an-
nual reporting conflicts between the Bu-
reau, the Navajo Nation, or the Upper Col-
orado River Commission prior to the com-
pletion by the Bureau of the annual ‘‘Colo-
rado River Accounting and Water Use Re-
port for the Lower Basin’’. 
(2) HOPI TRIBE.— 
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103 
(A) IN GENERAL.—Beginning on March 1 
of the first year following the year in which the 
Enforceability Date occurs, and on March 1 of 
each year thereafter, the Hopi Tribe shall sub-
mit to the Arizona Department of Water Re-
sources a report describing— 
(i) the annual diversion amount, 
points of diversion, and places of Use of 
Hopi Tribe Upper Basin Colorado River 
Water; 
(ii) the annual diversion amount, 
points of diversion, and places of Use of 
Hopi Tribe Cibola Water; 
(iii) the location and annual amount 
of any Off-Reservation storage of Hopi 
Tribe Upper Basin Colorado River Water 
and Hopi Tribe Cibola Water; 
(iv) the amount of any Off-Reserva-
tion exchange involving Hopi Tribe Upper 
Basin Colorado River Water or Hopi Tribe 
Cibola Water; and 
(v) the location and annual amount of 
Hopi Tribe Upper Basin Colorado River 
Water and Hopi Tribe Cibola Water leased 
Off-Reservation. 
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104 
(B) 
MEASUREMENT
OF
DIVERTED 
WATER.— 
(i) IN GENERAL.—In order to accu-
rately measure the flow of water diverted 
in the Upper Basin for Use by the Hopi 
Tribe in the State, the Hopi Tribe shall in-
stall suitable measuring devices at or near 
each point of diversion of Hopi Tribe 
Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water from the Colo-
rado River’s mainstem in the Upper Basin. 
(ii) NOTIFICATION.—The Hopi Tribe 
shall notify the Arizona Department of 
Water Resources, in writing, of any annual 
reporting conflicts between the Bureau, the 
Hopi Tribe, or the Upper Colorado River 
Commission prior to the completion by the 
Bureau of the annual ‘‘Colorado River Ac-
counting and Water Use Report for the 
Lower Basin’’. 
(m) UPPER
BASIN
PROTECTIONS; CONSULTA-
TIONS.—In any formal consultation carried out pursuant 
to section 7(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1536(a)) on or after the date of enactment 
of this Act with respect to water development in the San 
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105 
Juan River Basin, the provisions of section 5 of the docu-
ment entitled ‘‘Principles for Conducting Endangered 
Species Act Formal Section 7 Consultations on Water De-
velopment and Water Management Projects Affecting En-
dangered Fish Species in the San Juan River Basin’’, in-
cluding revisions to that document approved by the Co-
ordination Committee, San Juan River Basin Recovery 
Implementation Program, and dated August 2022 shall 
apply. 
SEC. 
7. 
COLORADO 
RIVER 
WATER 
LEASES 
AND 
EX-
CHANGES; USES. 
(a) IN GENERAL.—Subject to approval by the Sec-
retary— 
(1) 
except 
as 
prohibited 
in 
subsections 
(g)(1)(F) and (h)(1)(E) of section 6, the Navajo Na-
tion may enter into leases, or options to lease, or ex-
changes, or options to exchange, Navajo Nation 
Upper Basin Colorado River Water, Navajo Nation 
Cibola Water, and Navajo Nation Fourth Priority 
Water, for Use and storage in the State, in accord-
ance with the Settlement Agreement and all applica-
ble Federal and State laws governing the transfer of 
Colorado River Water entitlements within the State; 
and 
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106 
(2) the Hopi Tribe may enter into leases, or op-
tions to lease, or exchanges, or options to exchange, 
Hopi Tribe Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water for Use and storage in the 
State, in accordance with the Settlement Agreement 
and all applicable Federal and State laws governing 
the transfer of Colorado River Water entitlements 
within the State. 
(b) TERMS OF LEASES AND EXCHANGES.— 
(1) ON-RESERVATION LEASING.— 
(A) IN
GENERAL.—The Navajo Nation 
may lease the Navajo Nation Upper Basin Col-
orado River Water, the Navajo Nation Cibola 
Water, and the Navajo Nation Fourth Priority 
Water for Use or storage on the Navajo Res-
ervation and the Hopi Tribe may lease Hopi 
Tribe Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water for Use or storage on 
the Hopi Reservation. 
(B) REQUIREMENTS.—A lease or option to 
lease under subparagraph (A) shall be subject 
to— 
(i) the leasing regulations of the Nav-
ajo Nation or Hopi Tribe, as applicable; 
and 
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(ii) subsections (a) and (e) of the first 
section of the Act of August 9, 1955 (69 
Stat. 539, chapter 615; 25 U.S.C. 415) 
(commonly known as the ‘‘Long-Term 
Leasing Act’’). 
(2) EXCHANGES AND OFF-RESERVATION LEAS-
ING.— 
(A) NAVAJO NATION LEASING.— 
(i) IN GENERAL.—Subject to approval 
by the Secretary for an Off-Reservation 
lease, the Navajo Nation may lease— 
(I) Navajo Nation Cibola Water 
and Navajo Nation Fourth Priority 
Water for Use or storage off of the 
Navajo Reservation anywhere within 
the Lower Basin within the State; and 
(II) except as provided in sub-
sections (g)(1)(F) and (h)(1)(E) of 
section 6 and the NAIWRSA System 
Conservation Program agreements de-
scribed in subsection (c)(4)(C)(i)(II) 
of that section, Navajo Nation Upper 
Basin Colorado River Water anywhere 
in the State in accordance with the 
Settlement Agreement and all applica-
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ble Federal and State laws governing 
the transfer of Navajo Nation Upper 
Basin Colorado River Water within 
the State. 
(ii) LIMITATION.—No action by the 
Navajo Nation under clause (i)(II) relating 
to NAIWRSA System Conservation Pro-
grams or leasing shall modify the obliga-
tions of the Navajo Nation to deliver up to 
350 AFY to the San Juan Southern Pai-
ute Tribe pursuant to paragraph 6.3.1 of 
the Settlement Agreement. 
(B) HOPI TRIBE LEASING.—Subject to ap-
proval by the Secretary for an Off-Reservation 
lease, the Hopi Tribe may lease— 
(i) Hopi Tribe Cibola Water for Use 
or storage off of the Hopi Reservation any-
where within the Lower Basin within the 
State; and 
(ii) 
except 
as 
provided 
in 
the 
NAIWRSA System Conservation Program 
agreement 
described 
in 
section 
6(c)(4)(C)(i)(II), Hopi Tribe Upper Basin 
Colorado River Water for Use or storage 
off of the Hopi Reservation anywhere in 
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109 
the State in accordance with the Settle-
ment Agreement and all applicable Federal 
and State laws governing the transfer of 
Hopi Tribe Upper Basin Colorado River 
Water within the State. 
(C) TERM OF LEASES AND EXCHANGES.— 
(i) LEASES.— 
(I) 100-YEAR TERM.—A contract 
to lease and an option to lease off of 
the Reservation under subparagraph 
(A)(i)(I) or (B)(i), as applicable, shall 
be for a term not to exceed 100 years. 
(II) 40-YEAR TERM.—A contract 
to lease and an option to lease off of 
the Reservation under subparagraph 
(A)(i)(II) or (B)(ii), as applicable, 
shall be for a term not to exceed 40 
years. 
(ii) EXCHANGES.—An exchange or op-
tion to exchange shall be for the term pro-
vided for in the exchange or option, as ap-
plicable. 
(D) LEASE PERIOD.— 
(i) NO LIMITATIONS.—There shall be 
no limitations on the Lease Period for— 
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(I) Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, 
and Hopi Tribe Cibola Water that is 
diverted from the Colorado River 
downstream of Lee Ferry; and 
(II) Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe 
Upper Basin Colorado River Water 
leased for Use on the Navajo Reserva-
tion and Hopi Reservation, as applica-
ble. 
(ii) OTHER
LEASE
PERIODS.—The 
Navajo Nation and the Hopi Tribe are au-
thorized to lease Navajo Nation Upper 
Basin Colorado River Water and Hopi 
Tribe Upper Basin Colorado River Water 
in the Lower Basin in the State in accord-
ance with the following: 
(I) During the first 20 years 
after the Enforceability Date, the 
Navajo Nation may lease up to 
16,214.55 AFY and the Hopi Tribe 
may lease up to 835.45 AFY for an 
annual cumulative total of 17,050 
AFY in the Lower Basin. 
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111 
(II) Notwithstanding subclause 
(I), retaining the annual cumulative 
total of 17,050 AFY leased in the 
Lower Basin, the ability of the Navajo 
Nation to lease Navajo Nation Upper 
Basin Colorado River Water shall be 
increased by, and the ability of the 
Hopi Tribe to lease Hopi Tribe Upper 
Basin Colorado River Water shall be 
reduced by, an amount equal to the 
additional System Eligible Conserva-
tion Water that the Navajo Nation de-
livers to the Secretary in accordance 
with section 6(c)(4)(C)(i)(III)(bb). 
(III) Beginning 20 years after 
the Enforceability Date, the Navajo 
Nation and the Hopi Tribe may lease 
its available Navajo Nation Upper 
Basin Colorado River Water and Hopi 
Tribe Upper Basin Colorado River 
Water until such time as the iina´ ba´ 
– pa tuwaqat’si pipeline has been 
completed and all the projects de-
scribed in the Navajo Nation Water 
Projects Trust Fund and the Hopi 
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112 
Tribe Groundwater Projects Trust 
Fund, as the projects are further de-
scribed in paragraphs 12.2.1 and 
12.3.1 of the Settlement Agreement, 
have been completed, as determined 
by the Navajo Nation and the Hopi 
Tribe. 
(IV) Once all the projects de-
scribed in subclause (III) have been 
completed for their respective projects, 
as determined by the Navajo Nation 
and the Hopi Tribe, the Navajo Na-
tion and the Hopi Tribe shall deter-
mine whether revenues from leasing 
are necessary to meet the OM&R 
costs of— 
(aa) the projects described 
in paragraphs 12.2.1 and 12.3.1 
of the Settlement Agreement; 
and 
(bb) the iina´
ba´
– pa 
tuwaqat’si pipeline. 
(V) If the Navajo Nation and the 
Hopi Tribe continue to require reve-
nues from leasing to meet the OM&R 
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113 
expenses described in subclause (IV), 
the Navajo Nation and the Hopi 
Tribe may continue to lease the Nav-
ajo Nation Upper Basin Colorado 
River Water and Hopi Tribe Upper 
Basin Colorado River Water to meet 
those OM&R expenses. 
(iii) SAVINGS PROVISION.—Nothing in 
this subparagraph requires the early termi-
nation of any lease entered into during the 
Lease Period and authorized by this Act at 
the time the lease was executed. 
(3) REQUIREMENTS FOR ALL CONTRACTS TO 
LEASE
AND
CONTRACTS
TO
EXCHANGE.—All con-
tracts to lease or exchange Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water, and Hopi 
Tribe Cibola Water shall— 
(A) identify the places of Use of the water, 
the purpose of the Uses of the water during the 
term of the contract, the mechanisms for deliv-
ery of the water, and each point of diversion 
under the contract; and 
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114 
(B) provide that the water received from 
the Navajo Nation or the Hopi Tribe, as appli-
cable, shall be used in accordance with applica-
ble law. 
(4) NO CONFLICT WITH SETTLEMENT AGREE-
MENT OR THIS ACT.—A contract to lease or ex-
change Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, or Hopi Tribe Cibola Water 
shall not conflict with the Settlement Agreement or 
this Act. 
(c) PROHIBITION ON PERMANENT ALIENATION.—No 
Navajo Nation Upper Basin Colorado River Water, Nav-
ajo Nation Cibola Water, Navajo Nation Fourth Priority 
Water, Hopi Tribe Upper Basin Colorado River Water, 
or Hopi Tribe Cibola Water may be permanently alien-
ated. 
(d) ENTITLEMENT TO LEASE AND EXCHANGE MON-
IES.— 
(1) ENTITLEMENT.—The Navajo Nation or the 
Hopi Tribe, as applicable, shall be entitled to all 
consideration due to the Navajo Nation or Hopi 
Tribe under any lease, option to lease, exchange, or 
option to exchange Navajo Nation Upper Basin Col-
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115 
orado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, or Hopi Tribe 
Cibola Water entered into by the Navajo Nation or 
the Hopi Tribe. 
(2) EXCLUSION.—The United States shall not, 
in any capacity, be entitled to the consideration de-
scribed in paragraph (1). 
(3) OBLIGATION OF THE UNITED STATES.—The 
United States shall not, in any capacity, have any 
trust or other obligation to monitor, administer, or 
account for, in any manner, any funds received by 
the Navajo Nation or the Hopi Tribe as consider-
ation under any lease, option to lease, exchange, or 
option to exchange Navajo Nation Upper Basin Col-
orado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, and Hopi Tribe 
Cibola Water entered into by the Navajo Nation or 
the Hopi Tribe. 
(e) DELIVERY OF COLORADO RIVER WATER TO LES-
SEES.—All lessees of Navajo Nation Upper Basin Colo-
rado River Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water shall 
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116 
pay all OM&R charges, all energy charges, and all other 
applicable charges associated with the delivery of the 
leased water. 
(f) 
DELIVERY
OF
COLORADO
RIVER
WATER 
THROUGH THE CAP SYSTEM.— 
(1) CAWCD APPROVAL.—The Navajo Nation, 
the Hopi Tribe, or any person who leases Navajo 
Nation Upper Basin Colorado River Water, Navajo 
Nation Cibola Water, Navajo Nation Fourth Priority 
Water, Hopi Tribe Upper Basin Colorado River 
Water, and Hopi Tribe Cibola Water under sub-
section (a) may transport that Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water, or Hopi 
Tribe Cibola Water, as applicable, through the CAP 
system in accordance with all laws of the United 
States and the agreements between the United 
States and CAWCD governing the use of the CAP 
system to transport water other than CAP water, in-
cluding payment of applicable charges. 
(2) LESSEE RESPONSIBILITY FOR CHARGES.— 
Any lease or option to lease providing for the tem-
porary delivery of Navajo Nation Upper Basin Colo-
rado River Water, Navajo Nation Cibola Water, 
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Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, and Hopi Tribe 
Cibola Water through the CAP system shall require 
the lessee to pay the CAP operating agency all CAP 
fixed OM&R charges and all CAP pumping energy 
charges associated with the delivery of the leased 
water, and other applicable charges. 
(3) NO RESPONSIBILITY FOR PAYMENT.—The 
Navajo Nation, the Hopi Tribe, and the United 
States acting in any capacity shall not be responsible 
for the payment of any charges associated with the 
delivery of Colorado River Water leased to others. 
(4) PAYMENT IN ADVANCE.—No leased Navajo 
Nation Upper Basin Colorado River Water, Navajo 
Nation Cibola Water, Navajo Nation Fourth Priority 
Water, Hopi Tribe Upper Basin Colorado River 
Water, or Hopi Tribe Cibola Water shall be deliv-
ered through the CAP system unless the CAP fixed 
OM&R charges, the CAP pumping energy charges, 
and other applicable charges associated with the de-
livery of that Navajo Nation Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe Upper 
Basin Colorado River Water, or Hopi Tribe Cibola 
Water, as applicable, have been paid in advance. 
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(5) CALCULATION.—The charges for delivery of 
Navajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation Fourth 
Priority Water, Hopi Tribe Upper Basin Colorado 
River Water, and Hopi Tribe Cibola Water delivered 
through the CAP system pursuant to a lease shall 
be calculated in accordance with the agreements be-
tween the United States and CAWCD governing the 
use of the CAP system to transport water other 
than CAP water. 
SEC. 8. IINA´ BA´ – PAA TUWAQAT’SI PIPELINE. 
(a) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.— 
(1) PLANNING, DESIGN, AND CONSTRUCTION OF 
THE IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.— 
(A) IN GENERAL.—The Secretary, acting 
through the Commissioner of Reclamation, shall 
plan, design, and construct the iina´ ba´ – paa 
tuwaqat’si pipeline in accordance with subpara-
graph (C), including all necessary power trans-
mission facilities, power substations, power dis-
tribution systems, and associated wheeling serv-
ices to connect the facilities of the iina´ ba´ – paa 
tuwaqat’si pipeline to new or existing high-volt-
age transmission facilities and deliver power. 
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119 
(B) 
PROJECT
CONSTRUCTION
COM-
MITTEE.— 
(i) IN GENERAL.—Prior to the start 
of the feasibility study required under sub-
paragraph (C)(ii), the Secretary shall form 
a Project Construction Committee (re-
ferred to in this subparagraph as the 
‘‘Committee’’). 
(ii) MEMBERS.—The Committee shall 
consist of representatives from the Bureau 
and the Bureau of Indian Affairs and 
members selected by each of the Navajo 
Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe for purposes of as-
sisting the Secretary with planning, design-
ing, and constructing the iina´ ba´ – paa 
tuwaqat’si pipeline, including— 
(I) to review cost factors and 
budgets for construction and oper-
ation and maintenance activities; 
(II) to improve construction man-
agement through enhanced commu-
nication; and 
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120 
(III) to seek additional ways to 
reduce 
overall 
iina´
ba´
– 
paa 
tuwaqat’si pipeline costs. 
(iii) 
DESIGN
AND
CONSTRUCTION 
CONSULTATION.—The Secretary shall con-
sult with the Committee during each 
phase— 
(I) of design described in sub-
paragraph (C); and 
(II) of construction of the iina´ ba´ 
– paa tuwaqat’si pipeline. 
(iv) RECOMMENDATIONS.— 
(I) IN
GENERAL.—At the sole 
discretion of the Secretary, the Sec-
retary may rely on recommendations 
made by the Committee, subject to 
the condition that the recommenda-
tions are consistent with the design as 
described in clauses (i) and (ii) of 
subparagraph (C). 
(II) HOPI TRIBE.—To the extent 
the Committee recommendations in-
volve a portion of the iina´ ba´ – paa 
tuwaqat’si pipeline to which the Hopi 
Tribe will hold title after title transfer 
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121 
as described in paragraph (3)(B)(ii), 
the Secretary shall give greater weight 
to the recommendations of the rep-
resentatives of the Hopi Tribe on the 
Committee. 
(III) NAVAJO
NATION.—To the 
extent the Committee recommenda-
tions involve a portion of the iina´ ba´ 
– paa tuwaqat’si pipeline to which the 
Navajo Nation will hold title after 
title transfer as described in para-
graph (3)(B)(i), the Secretary shall 
give greater weight to the rec-
ommendations of the representatives 
of the Navajo Nation on the Com-
mittee. 
(C) DESIGN.— 
(i) IN
GENERAL.—Unless modified 
pursuant to clauses (iii) and (iv), the iina´ 
ba´ – paa tuwaqat’si pipeline shall be sub-
stantially configured as Alternative 5, Op-
tion B–100 described in the report of the 
Bureau entitled ‘‘Navajo-Hopi Value Plan-
ning Study—Arizona’’ and dated October 
2020. 
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122 
(ii) FEASIBILITY
STUDY.—After the 
date of enactment of this Act, the Bureau 
shall complete a feasibility study of the 
iina´ ba´ – paa tuwaqat’si pipeline substan-
tially configured as Alternative 5, Option 
B–100 described in the report of the Bu-
reau entitled ‘‘Navajo-Hopi Value Planning 
Study—Arizona’’ and dated October 2020, 
which shall include feasibility-level design 
and cost estimates and a construction 
phasing plan. 
(iii) VALUE PLANNING.— 
(I) IN GENERAL.—On completion 
of the feasibility study described in 
clause (ii), the Secretary shall consult 
with the Navajo Nation and the Hopi 
Tribe to determine whether to com-
plete a value planning study of the 
iina´ ba´ – paa tuwaqat’si pipeline to 
identify and analyze potential lower- 
cost modifications to substantially 
meet the existing Alternative 5, Op-
tion B–100 configuration described in 
that clause. 
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123 
(II) VALUE PLANNING TEAM.—If 
a value planning study is initiated 
under subclause (I), a value planning 
team shall include the Project Con-
struction Committee formed pursuant 
to subparagraph (B). 
(III) CONSENSUS.— 
(aa) IN GENERAL.—To the 
extent practicable, the Navajo 
Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, and 
the Secretary shall strive for con-
sensus on selection of a preferred 
alternative for the Bureau to ini-
tiate the final design process of 
the iina´ ba´ – paa tuwaqat’si pipe-
line. 
(bb) 
DECISION
BY
SEC-
RETARY.—If consensus cannot be 
reached on a preferred alter-
native under item (aa), the deci-
sion for the preferred alternative 
shall be made by the Secretary. 
(iv) VALUE
ENGINEERING
AND
DE-
SIGN MODIFICATIONS.— 
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(I) VALUE ENGINEERING.— 
(aa) IN GENERAL.—A value 
engineering 
study 
based 
on 
achieving the essential functions 
at the lowest life cycle cost con-
sistent with required perform-
ance, 
reliability, 
quality, 
and 
safety shall be completed in ac-
cordance with Bureau Manual 
Policy, Performing Designs and 
Construction 
Activities 
(FAC 
P03) for each phase of the iina´ 
ba´
– paa tuwaqat’si pipeline 
project at the 30 percent design 
stage. 
(bb) VALUE
ENGINEERING 
TEAM.—A 
value 
engineering 
team shall include the Project 
Construction Committee formed 
pursuant to subparagraph (B). 
(II) PRIOR TO 60 PERCENT DE-
SIGN.— 
(aa) IN GENERAL.—At any 
time prior to completion of 60 
percent design for each phase of 
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the iina´ ba´ – paa tuwaqat’si pipe-
line project, the Navajo Nation 
and the Hopi Tribe may request 
modifications of the design de-
scribed in this subparagraph, 
subject to the condition that the 
proposed design modifications are 
approved by the Bureau. 
(bb) DEVIATION.—If a re-
quested modification described in 
item (aa) deviates from the de-
sign criteria of the Bureau, the 
modification shall be considered 
in accordance with the provisions 
of Bureau Manual Policy, Per-
forming Designs and Construc-
tion Activities (FAC P03). 
(III) AFTER COMPLETION OF 60 
PERCENT
DESIGN.—The design for 
each phase of the iina´ ba´ – paa 
tuwaqat’si pipeline project shall not be 
modified further after review of the 
60 percent design plan unless the 
modification is made by the Secretary. 
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(D) EXISTING COMPONENTS.—The iina´ ba´ 
– paa tuwaqat’si pipeline may include, at the 
sole discretion of the Secretary after consulta-
tion with the Navajo Nation or the Hopi Tribe, 
components that have already been built or ac-
quired by the Navajo Nation or the Hopi Tribe 
as a contribution by the Navajo Nation or the 
Hopi Tribe towards the cost of planning, de-
signing, and constructing the iina´ ba´ – paa 
tuwaqat’si pipeline. 
(E) USE OF PIPELINE.—The iina´ ba´ – paa 
tuwaqat’si pipeline shall deliver potable water 
for domestic, commercial, municipal, and indus-
trial Uses and be capable of delivering from 
Lake Powell— 
(i) up to 7,100 AFY of potable Colo-
rado River Water to the Navajo Nation for 
Use in delivering up to 6,750 AFY to serve 
Navajo communities and up to 350 AFY 
to serve the San Juan Southern Paiute 
Southern Area; and 
(ii) up to 3,076 AFY of potable Colo-
rado River Water to the Hopi Tribe for 
Use in delivering up to 3,076 AFY to serve 
Hopi communities. 
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127 
(F) 
COMMENCEMENT
OF
CONSTRUC-
TION.—The Secretary shall not begin construc-
tion of the iina´ ba´ – paa tuwaqat’si pipeline 
until— 
(i) the design studies described in 
subparagraph (C) and final design for the 
first phase of the iina´ ba´ – paa tuwaqat’si 
pipeline project are complete; 
(ii) the Secretary, the Navajo Nation, 
and the Hopi Tribe execute a Cost-Sharing 
and System Integration Agreement that— 
(I) based on the final design in 
accordance with subparagraph (C), 
describes the design, location, capac-
ity, and management of operations of 
the iina´ ba´ – paa tuwaqat’si pipeline, 
including distribution of water to cus-
tomers; 
(II) describes the process for ac-
quisition of rights-of-way for the iina´ 
ba´ – paa tuwaqat’si pipeline described 
in subsection (b); 
(III) allocates the costs of the 
iina´ ba´ – paa tuwaqat’si pipeline, tak-
ing into consideration— 
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(aa) cost of planning, de-
sign, and construction; 
(bb) cost of the operation, 
maintenance, and repair of the 
iina´ ba´ – paa tuwaqat’si pipeline 
before title transfer to the Nav-
ajo Nation or the Hopi Tribe 
pursuant to paragraph (3); and 
(cc) how existing compo-
nents will be considered as con-
tributions by the Navajo Nation 
or Hopi Tribe as described in 
subparagraph (D); and 
(IV) describes construction phas-
ing, including transfer of operations 
and maintenance for such phasing, as 
agreed to by the Secretary, the Nav-
ajo Nation, and the Hopi Tribe, with 
the Secretary deciding on phasing if 
an agreement is not reached; and 
(iii) environmental compliance as de-
scribed in section 4(c) is complete for the 
iina´ ba´ – paa tuwaqat’si pipeline. 
(2) PHASED
TRANSFER
OF
OPERATIONS
& 
MAINTENANCE.— 
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(A) IN GENERAL.— 
(i) IN
GENERAL.—On completion of 
construction of a phase of the iina´ ba´ – 
paa tuwaqat’si pipeline, as described in the 
Cost-Sharing 
and 
System 
Integration 
Agreement 
described 
in 
paragraph 
(1)(F)(ii) and on a finding of substantial 
completion of the phase, the Secretary may 
transfer operations and maintenance re-
sponsibility for the phase to the appro-
priate entity. 
(ii) CONTRACT.—The Secretary shall 
enter into an operations and maintenance 
contract consistent with this Act and Bu-
reau policy for the purposes of compliance 
with clause (i). 
(iii) TITLE
TRANSFER.—Title to a 
phase of the iina´ ba´ – paa tuwaqat’si pipe-
line shall not transfer until substantial 
completion of the entire iina´ ba´ – paa 
tuwaqat’si pipeline in accordance with 
paragraph (3)(B). 
(B) PHASED FINDINGS OF SUBSTANTIAL 
COMPLETION.—For purposes of this paragraph, 
substantial completion of each phase of the iina´ 
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ba´ – paa tuwaqat’si pipeline shall be determined 
in accordance with Bureau Manual Policy, Per-
forming Designs and Construction Activities 
(FAC P03). 
(3) OWNERSHIP.— 
(A) IN
GENERAL.—The iina´ ba´ – paa 
tuwaqat’si pipeline shall be owned by the 
United States during construction of the iina´ ba´ 
– paa tuwaqat’si pipeline. 
(B) TRANSFER OF OWNERSHIP.—On sub-
stantial completion of the iina´
ba´
– paa 
tuwaqat’si pipeline, in accordance with para-
graph (4), the Secretary shall— 
(i) transfer title to the applicable sec-
tion of the iina´ ba´ – paa tuwaqat’si pipe-
line on the Navajo Reservation, except that 
section that lies on the Navajo Reservation 
between Moenkopi and the boundary of the 
1882 Reservation, to the Navajo Nation; 
and 
(ii) transfer title to the applicable sec-
tion of the iina´ ba´ – paa tuwaqat’si pipe-
line on the Hopi Reservation, and the sec-
tion of the iina´ ba´ – paa tuwaqat’si pipe-
line that lies on the Navajo Reservation be-
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131 
tween Moenkopi and the boundary of the 
1882 Reservation and the right-of-way for 
that section of the iina´ ba´ – paa tuwaqat’si 
pipeline, to the Hopi Tribe. 
(4) SUBSTANTIAL COMPLETION.— 
(A) IN GENERAL.—For purposes of para-
graph (3)(B), the Secretary shall determine 
that the iina´ ba´ – paa tuwaqat’si pipeline is 
substantially complete if— 
(i) the infrastructure constructed is 
capable of storing, diverting, treating, 
transmitting, and distributing a supply of 
water to the Navajo Nation, the Hopi 
Tribe, and the San Juan Southern Paiute 
Southern Area as described in the iina´ ba´ 
– paa tuwaqat’si pipeline design described 
in paragraph (1)(C); or 
(ii) the Secretary— 
(I) diligently proceeds to com-
plete the final design and construct 
the iina´ ba´ – paa tuwaqat’si pipe-
line— 
(aa) by the deadline de-
scribed in subparagraph (B); or 
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(bb) if the deadline de-
scribed in subparagraph (B) is 
extended pursuant to subpara-
graph (C), by the extended dead-
line; 
(II) expends all of the available 
funding provided to construct the iina´ 
ba´ – paa tuwaqat’si pipeline under 
section 13(a) and any funding pro-
vided by the Navajo Nation or Hopi 
Tribe pursuant to sections 10(j) and 
11(j); and 
(III) despite diligent efforts can-
not complete construction of the iina´ 
ba´ – paa tuwaqat’si pipeline in ac-
cordance with paragraph (1)(C) due 
solely to the lack of authorized fund-
ing. 
(B) DEADLINE.—Not later than December 
31, 2040, the construction of the iina´ ba´ – paa 
tuwaqat’si pipeline in accordance with para-
graph (1)(C) shall be substantially completed, 
in accordance with subparagraph (A). 
(C) EXTENSION.—The deadline described 
in subparagraph (B) may be extended through 
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133 
written agreement if the Navajo Nation, Hopi 
Tribe, and the Secretary agree than an exten-
sion is reasonably necessary. 
(5) LIABILITY.— 
(A) IN GENERAL.—Effective on the date of 
the transfer of ownership of the iina´ ba´ – paa 
tuwaqat’si pipeline pursuant to paragraph 
(3)(B), the United States shall not be held lia-
ble by any court for damages of any kind aris-
ing out of any act, omission, or occurrence re-
lating to the land, buildings, or facilities con-
veyed under this subsection, other than dam-
ages caused by acts of negligence committed by 
the United States, or by employees or agents of 
the United States, prior to the date of convey-
ance. 
(B) SAVINGS PROVISION.—Nothing in this 
section increases the liability of the United 
States beyond the liability provided in chapter 
171 of title 28, United States Code (commonly 
known as the ‘‘Federal Tort Claims Act’’). 
(6) OPERATION.— 
(A) PROJECT OPERATIONS GENERALLY.— 
(i) NAVAJO NATION OPERATION.—The 
Navajo Nation shall operate the section of 
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the iina´ ba´ – paa tuwaqat’si pipeline that 
delivers water to the Navajo communities, 
other than Coal Mine Mesa, and that may 
deliver water through the iina´ ba´ – paa 
tuwaqat’si pipeline to the San Juan South-
ern Paiute Tribe. 
(ii) HOPI
TRIBE
OPERATION.—The 
Hopi Tribe shall operate the section of the 
iina´ ba´ – paa tuwaqat’si pipeline that de-
livers water to Moenkopi, the 1882 Res-
ervation, and the Navajo community of 
Coal Mine Mesa. 
(B) PROJECT
OPERATION
COMMITTEE.— 
Prior to the start of the first construction phase 
of the iina´ ba´ – paa tuwaqat’si pipeline, the 
Secretary shall form a Project Operation Com-
mittee consisting of members selected by each 
of the Navajo Nation and the Hopi Tribe to de-
velop a project operations agreement to be exe-
cuted by the Navajo Nation and the Hopi 
Tribe, after review by the Secretary, prior to 
the transfer of operations and maintenance of 
any phase of the iina´ ba´ – paa tuwaqat’si pipe-
line in accordance with paragraph (2). 
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(C) PROJECT OPERATIONS AGREEMENT.— 
The project operations agreement referred to in 
subparagraph (B) shall describe all terms and 
conditions necessary for long-term operations of 
the iina´ ba´ – paa tuwaqat’si pipeline, consistent 
with subparagraph (A), including— 
(i) distribution of water; 
(ii) responsibility for maintenance of 
the iina´ ba´ – paa tuwaqat’si pipeline or 
section of the iina´ ba´ – paa tuwaqat’si 
pipeline; 
(iii) the allocation and payment of an-
nual OM&R costs of the iina´ ba´ – paa 
tuwaqat’si pipeline or section of the iina´ ba´ 
– paa tuwaqat’si pipeline based on the pro-
portionate uses and ownership of the iina´ 
ba´ – paa tuwaqat’si pipeline; 
(iv) the process for transfer of oper-
ations and maintenance of a phase of the 
iina´ ba´ – paa tuwaqat’si pipeline in accord-
ance with paragraph (2); and 
(v) a right to sue in a district court 
of the United States to enforce the project 
operations agreement. 
(b) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
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(1) RIGHTS-OF-WAY.— 
(A) IN GENERAL.—In partial consideration 
for the funding provided under section 13, the 
Navajo Nation, the Hopi Tribe, and the San 
Juan Southern Paiute Tribe shall each timely 
consent to the grant of rights-of-way as de-
scribed in, and in accordance with, subpara-
graphs 12.5.1, 12.5.2, and 12.5.3 of the Settle-
ment Agreement. 
(B) NO COST TO THE UNITED STATES.— 
Rights-of-way described in subparagraph (A) 
shall be at no cost to the United States. 
(2) LEGAL DEVICES.—With the consent of each 
affected Tribe, the Secretary may enter into legal 
devices, other than rights-of-way, such as construc-
tion corridors agreements, without cost to the 
United States, when operating within the jurisdic-
tion of the Navajo Nation, Hopi Tribe, or San Juan 
Southern Paiute Tribe in furtherance of the plan-
ning, design, and construction of the iina´ ba´ – paa 
tuwaqat’si pipeline. 
(3) 
AUTHORIZATION
AND
GRANTING
OF 
RIGHTS-OF-WAY.—The Secretary shall grant the 
rights-of-way consented to by the Tribes under para-
graph (1). 
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(c) APPLICABILITY OF THE INDIAN SELF-DETER-
MINATION AND EDUCATION ASSISTANCE ACT.—The In-
dian Self-Determination and Education Assistance Act 
(25 U.S.C. 5301 et seq.) shall not apply to the design, 
construction, operation, maintenance, or replacement of 
the iina´ ba´ – paa tuwaqat’si pipeline. 
SEC. 9. IINA´ BA´ – PAA TUWAQAT’SI PIPELINE IMPLEMENTA-
TION FUND ACCOUNT. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a non-trust, interest-bearing account, to be known as the 
‘‘iina´ ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account’’, to be managed and distributed by the Sec-
retary, for use by the Secretary in carrying out this Act. 
(b) DEPOSITS.—The Secretary shall deposit in the 
iina´ ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account the amounts made available pursuant to section 
13(a)(1). 
(c) USES.—The iina´ ba´ – paa tuwaqat’si pipeline Im-
plementation Fund Account shall be used by the Secretary 
to carry out section 8, including the acquisition of power. 
(d) INTEREST.—In addition the amounts deposited in 
the iina´ ba´ – paa tuwaqat’si pipeline Implementation 
Fund Account under subsection (b), any investment earn-
ings, including interest credited to amounts unexpended 
in the iina´ ba´ – paa tuwaqat’si pipeline Implementation 
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138 
Fund Account, are authorized to be appropriated to be 
used in accordance with the uses described in subsection 
(c). 
SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST 
FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the Navajo Nation, to be known as the 
‘‘Navajo Nation Water Settlement Trust Fund,’’ to be 
managed, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or reverted 
to the general fund of the Treasury, consisting of the 
amounts deposited in the Navajo Nation Water Settlement 
Trust Fund under subsection (c), together with any in-
vestment earnings, including interest, earned on those 
amounts, for the purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Navajo Nation Water Settlement Trust Fund the fol-
lowing accounts: 
(1) The Navajo Nation Water Projects Trust 
Fund Account. 
(2) The Navajo Nation OM&R Trust Fund Ac-
count. 
(3) The Navajo Nation Agricultural Conserva-
tion Trust Fund Account. 
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(4) The Navajo Nation Renewable Energy 
Trust Fund Account. 
(5) The Navajo Nation Lower Basin Colorado 
River Water Acquisition Trust Fund Account. 
(6) The Navajo Nation System Conservation 
Trust Fund Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Navajo Nation Water Projects Trust 
Fund Account, the amounts made available pursuant 
to subparagraph (A)(i) of section 13(b)(3); 
(2) in the Navajo Nation OM&R Trust Fund 
Account, the amounts made available pursuant to 
subparagraph (A)(ii) of that section; 
(3) in the Navajo Nation Agricultural Con-
servation Trust Fund Account, the amounts made 
available pursuant to subparagraph (A)(iii) of that 
section; 
(4) in the Navajo Nation Renewable Energy 
Trust Fund Account, the amounts made available 
pursuant to subparagraph (A)(iv) of that section; 
(5) in the Navajo Nation Lower Basin Colorado 
River Water Acquisition Trust Fund Account, the 
amounts made available pursuant to subparagraph 
(A)(v) of that section; and 
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(6) in the Navajo Nation System Conservation 
Trust Fund Account, the amounts made available 
pursuant to subparagraph (A)(vi) of that section. 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the Navajo Nation 
Water Settlement Trust Fund Accounts pursuant to 
subsection (c), the Secretary shall manage, invest, 
and distribute all amounts in the Navajo Nation 
Water Settlement Trust Fund in a manner that is 
consistent with the investment authority of the Sec-
retary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the Navajo Nation Water Set-
tlement Trust Fund under subsection (c), any in-
vestment earnings, including interest, credited to 
amounts held in the Navajo Nation Water Settle-
ment Trust Fund are authorized to be appropriated 
to be used in accordance with subsection (f). 
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(e) WITHDRAWALS.— 
(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
(A) IN
GENERAL.—The Navajo Nation 
may withdraw any portion of the amounts in 
the Navajo Nation Water Settlement Trust 
Fund on approval by the Secretary of a Tribal 
management plan submitted by the Navajo Na-
tion in accordance with the American Indian 
Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Navajo Nation spend all amounts withdrawn 
from the Navajo Nation Water Settlement 
Trust Fund, and any investment earnings ac-
crued through the investments under the Tribal 
management plan, in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
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(i) to enforce a Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
from the Navajo Nation Water Settlement 
Trust Fund by the Navajo Nation under 
this paragraph are used in accordance with 
this Act. 
(2) EXPENDITURE PLAN.— 
(A) IN
GENERAL.—The Navajo Nation 
may submit to the Secretary a request to with-
draw funds from the Navajo Nation Water Set-
tlement Trust Fund pursuant to an approved 
expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the Navajo Nation shall 
submit to the Secretary for approval an expend-
iture plan for any portion of the Navajo Nation 
Water Settlement Trust Fund that the Navajo 
Nation elects to withdraw pursuant to this 
paragraph, subject to the condition that the 
funds shall be used for the purposes described 
in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
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143 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Navajo Nation Water Settlement Trust Fund 
Accounts will be used by the Navajo Nation in 
accordance with subsection (f). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
bursed under this paragraph are used in ac-
cordance with this Act. 
(f) USES.—Amounts from the Navajo Nation Water 
Settlement Trust Fund shall be used by the Navajo Na-
tion for the following purposes: 
(1) NAVAJO NATION WATER PROJECTS TRUST 
FUND
ACCOUNT.—Amounts in the Navajo Nation 
Water Projects Trust Fund Account may only be 
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used for the purpose of environmental compliance, 
planning, engineering activities, and construction of 
projects designed to deliver potable water to commu-
nities, such as Leupp, Dilkon, Ganado, Black Mesa, 
Sweetwater, Chinle, Lupton/Nahata Dziil Area, 
Kayenta, and Oljato. 
(2) NAVAJO
NATION
OM&R
TRUST
FUND
AC-
COUNT.—Amounts in the Navajo Nation OM&R 
Trust Fund Account may only be used to pay 
OM&R costs of the Navajo Water projects described 
in paragraph (1) and the iina´ ba´ – paa tuwaqat’si 
pipeline project. 
(3) NAVAJO NATION AGRICULTURAL CONSERVA-
TION TRUST FUND ACCOUNT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts in the Navajo Nation Agri-
cultural Conservation Trust Fund Account may 
only be used to pay the costs of improvements 
to reduce water shortages on the historically ir-
rigated land of the Navajo Nation, including 
sprinklers, drip or other efficient irrigation sys-
tems, land leveling, wells, pipelines, pumps and 
storage, stream bank stabilization and restora-
tion, pasture seeding and management, fencing, 
wind breaks, and alluvial wells. 
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145 
(B) LIMITATION.—Not more than half of 
the amounts in the Navajo Nation Agricultural 
Conservation Trust Fund Account may be used 
for replacement and development of livestock 
wells and impoundments on the Navajo Res-
ervation and Navajo Trust Land. 
(4) NAVAJO
NATION
RENEWABLE
ENERGY 
TRUST
FUND
ACCOUNT.—Amounts in the Navajo 
Nation Renewable Energy Trust Fund Account may 
only be used to pay the cost of planning, designing, 
and constructing renewable energy facilities to sup-
port the costs of operating the Navajo Nation Water 
projects and the iina´ ba´ – paa tuwaqat’si pipeline. 
(5) NAVAJO NATION LOWER BASIN COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—Amounts in the Navajo Nation Lower 
Basin Colorado River Water Acquisition Trust Fund 
Account may only be used to purchase land within 
the State and associated Arizona Lower Basin Colo-
rado River Water Rights. 
(6) NAVAJO
NATION
SYSTEM
CONSERVATION 
TRUST
FUND
ACCOUNT.—Amounts in the Navajo 
Nation System Conservation Trust Fund Account 
may only be used to compensate the Navajo Nation 
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146 
for the storage of System Conservation Eligible 
Water at Lake Powell. 
(g) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Navajo Na-
tion Water Settlement Trust Fund by the Navajo Nation 
pursuant to subsection (e). 
(h) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Navajo Nation Water Settlement Trust Fund 
shall remain in the Navajo Nation. 
(i) ACCOUNT TRANSFERS.—If the activities described 
in any of paragraphs (1) through (6) of subsection (f) are 
complete and amounts remain in the applicable Trust 
Fund Account described in those paragraphs, the Sec-
retary, at the request of the Navajo Nation, shall transfer 
the remaining amounts to one of the other accounts within 
the Navajo Nation Water Settlement Trust Fund. 
(j) CONTRIBUTIONS
TO
THE
IINA´
BA´
– PAA 
TUWAQAT’SI PIPELINE.— 
(1) IN GENERAL.—On written notification from 
the Secretary that the iina´ ba´ – paa tuwaqat’si Im-
plementation Fund Account is insufficient and addi-
tional funds are necessary to complete the iina´ ba´ – 
paa tuwaqat’si pipeline in accordance with section 8, 
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the Navajo Nation shall submit to the Secretary an 
expenditure plan for the transfer of funds from Nav-
ajo Nation Water Settlement Trust Fund to the iina´ 
ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account. 
(2) PROPORTIONATE SHARE.—The cost share 
of the Navajo Nation for supplemental funding shall 
be based on the allocation of the iina´ ba´ – paa 
tuwaqat’si pipeline costs agreed on in the Cost-Shar-
ing and System Integration Agreement for the iina´ 
ba´ – paa tuwaqat’si pipeline described in section 
8(a)(1)(F)(ii). 
(k) ANNUAL REPORT.—The Navajo Nation shall sub-
mit to the Secretary an annual expenditure report describ-
ing accomplishments and amounts spent from use of with-
drawals under a Tribal management plan approved under 
paragraph (1) of subsection (e) or an expenditure plan ap-
proved under paragraph (2) of that subsection. 
(l) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
shall be distributed to any Member of the Navajo Nation 
on a per capita basis. 
(m) EFFECT.—Nothing in this section entitles the 
Navajo Nation to judicial review of a determination of the 
Secretary relating to whether to approve a Tribal manage-
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148 
ment plan under paragraph (1) of subsection (e) or an 
expenditure plan under paragraph (2) of that subsection, 
or to take enforcement actions under paragraph (1)(C) or 
(2)(E) of that subsection, except as provided under sub-
chapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administrative 
Procedure Act’’). 
SEC. 11. HOPI TRIBE WATER SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the Hopi Tribe, to be known as the ‘‘Hopi 
Tribe Water Settlement Trust Fund’’, to be managed, in-
vested, and distributed by the Secretary and to remain 
available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts 
deposited in the Hopi Tribe Water Settlement Trust Fund 
under subsection (c), together with any investment earn-
ings, including interest, earned on those amounts, for the 
purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Hopi Tribe Water Settlement Trust Fund the following 
accounts: 
(1) The Hopi Tribe Groundwater Projects 
Trust Fund Account. 
(2) The Hopi Tribe OM&R Trust Fund Ac-
count. 
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(3) The Hopi Tribe Agricultural Conservation 
Trust Fund Account. 
(4) The Hopi Tribe Lower Basin Colorado 
River Water Acquisition Trust Fund Account. 
(5) The Hopi Tribe System Conservation Trust 
Fund Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Hopi Tribe Groundwater Projects 
Trust Fund Account, the amounts made available 
pursuant to subparagraph (B)(i) of section 13(b)(3); 
(2) in the Hopi Tribe OM&R Trust Fund Ac-
count, the amounts made available pursuant to sub-
paragraph (B)(ii) of that section; 
(3) in the Hopi Tribe Agricultural Conservation 
Trust Fund Account, the amounts made available 
pursuant to subparagraph (B)(iii) of that section; 
(4) in the Hopi Tribe Lower Basin Colorado 
River Water Acquisition Trust Fund Account, the 
amounts made available pursuant to subparagraph 
(B)(iv) of that section; and 
(5) in the Hopi Tribe System Conservation 
Trust Fund Account, the amounts made available 
pursuant to subparagraph (B)(v) of that section. 
(d) MANAGEMENT AND INTEREST.— 
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(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the Hopi Tribe Water 
Settlement Trust Fund Accounts pursuant to sub-
section (c), the Secretary shall manage, invest, and 
distribute all amounts in the Hopi Tribe Water Set-
tlement Trust Fund in a manner that is consistent 
with the investment authority of the Secretary 
under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the Hopi Tribe Water Settle-
ment Trust Fund under subsection (c), any invest-
ment earnings, including interest, credited to 
amounts held in the Hopi Tribe Water Settlement 
Trust Fund are authorized to be appropriated to be 
used in accordance with subsection (f). 
(e) WITHDRAWALS.— 
(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
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(A) IN GENERAL.—The Hopi Tribe may 
withdraw any portion of the amounts in the 
Hopi Tribe Water Settlement Trust Fund on 
approval by the Secretary of a Tribal manage-
ment plan submitted by the Hopi Tribe in ac-
cordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Hopi Tribe spend all amounts withdrawn from 
the Hopi Tribe Water Settlement Trust Fund, 
and any investment earnings accrued through 
the investments under the Tribal management 
plan, in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
(i) to enforce a Tribal management 
plan; and 
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(ii) to ensure that amounts withdrawn 
from the Hopi Tribe Water Settlement 
Trust Fund by the Hopi Tribe under this 
paragraph are used in accordance with this 
Act. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Hopi Tribe may 
submit to the Secretary a request to withdraw 
funds from the Hopi Tribe Water Settlement 
Trust Fund pursuant to an approved expendi-
ture plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the Hopi Tribe shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portion of the Hopi Tribe 
Water Settlement Trust Fund that the Hopi 
Tribe elects to withdraw pursuant to this para-
graph, subject to the condition that the funds 
shall be used for the purposes described in this 
Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
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Hopi Tribe Water Settlement Trust Fund Ac-
counts will be used by the Hopi Tribe in ac-
cordance with subsection (f). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
bursed under this paragraph are used in ac-
cordance with this Act. 
(f) USES.—Amounts from the Hopi Tribe Water Set-
tlement Trust Fund shall be used by the Hopi Tribe for 
the following purposes: 
(1) THE HOPI TRIBE GROUNDWATER PROJECTS 
TRUST
FUND
ACCOUNT.—Amounts in the Hopi 
Tribe Groundwater Projects Trust Fund Account 
may only be used for the purpose of environmental 
compliance, planning, engineering and design activi-
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ties, and construction designed to deliver potable 
water to Hopi communities. 
(2) THE HOPI TRIBE OM&R TRUST FUND AC-
COUNT.—Amounts in the Hopi Tribe OM&R Trust 
Fund Account may only be used to pay the OM&R 
costs of the Hopi Groundwater projects described in 
paragraph (1) and the iina´ ba´ – paa tuwaqat’si pipe-
line project. 
(3) THE
HOPI
TRIBE
AGRICULTURAL
CON-
SERVATION
TRUST
FUND
ACCOUNT.—Amounts in 
the Hopi Tribe Agricultural Conservation Trust 
Fund Account may only be used to pay the costs of 
improvements to reduce water shortages on the his-
torically irrigated land and grazing land of the Hopi 
Tribe, including sprinklers, drip or other efficient ir-
rigation systems, land leveling, wells, impoundments, 
pipelines, pumps and storage, stream bank stabiliza-
tion and restoration, pasture seeding and manage-
ment, fencing, and wind breaks, and alluvial wells, 
and spring restoration, repair, replacement, and re-
location of low technology structures to support 
Akchin farming, flood-water farming, and other tra-
ditional farming practices. 
(4) THE HOPI TRIBE LOWER BASIN COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
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COUNT.—Amounts in the Hopi Tribe Lower Basin 
Colorado River Water Acquisition Trust Fund Ac-
count may only be used to purchase land within the 
State and associated Arizona Lower Basin Colorado 
River Water Rights. 
(5) THE HOPI TRIBE SYSTEM CONSERVATION 
TRUST
FUND
ACCOUNT.—Amounts in the Hopi 
Tribe System Conservation Trust Fund Account 
may only be used to compensate the Hopi Tribe or 
the Navajo Nation for the storage of System Con-
servation Eligible Water at Lake Powell consistent 
with section 6(c)(4)(C)(i)(III). 
(g) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Hopi Tribe 
Water Settlement Trust Fund by the Hopi Tribe pursuant 
to subsection (e). 
(h) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Hopi Tribe Water Settlement Trust Fund shall 
remain in the Hopi Tribe. 
(i) ACCOUNT TRANSFERS.—If the activities described 
in any of paragraphs (1) through (5) of subsection (f) are 
complete and amounts remain in the applicable Trust 
Fund Account described in those paragraphs, the Sec-
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retary, at the request of the Hopi Tribe, shall transfer 
the remaining amounts to one of the other accounts within 
the Hopi Tribe Water Settlement Trust Fund. 
(j) CONTRIBUTIONS
TO
THE
IINA´
BA´
– PAA 
TUWAQAT’SI PIPELINE.— 
(1) IN GENERAL.—On written notification from 
the Secretary that the iina´ ba´ – paa tuwaqat’si Im-
plementation Fund Account is insufficient and addi-
tional funds are necessary to complete the iina´ ba´ – 
paa tuwaqat’si pipeline in accordance with section 8, 
the Hopi Tribe shall submit to the Secretary an ex-
penditure plan for the transfer of funds from the 
Hopi Tribe Water Settlement Trust Fund to the iina´ 
ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account. 
(2) PROPORTIONATE SHARE.—The cost share 
of the Hopi Tribe for supplemental funding shall be 
based on the allocation of the iina´ ba´ – paa 
tuwaqat’si pipeline costs agreed on in the Cost-Shar-
ing and System Integration Agreement for the iina´ 
ba´ – paa tuwaqat’si pipeline described in section 
8(a)(1)(F)(ii). 
(k) ANNUAL REPORT.—The Hopi Tribe shall submit 
to the Secretary an annual expenditure report describing 
accomplishments and amounts spent from use of with-
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drawals under a Tribal management plan under para-
graph (1) of subsection (e) or an expenditure plan under 
paragraph (2) of that subsection. 
(l) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
shall be distributed to any Member of the Hopi Tribe on 
a per capita basis. 
(m) EFFECT.—Nothing in this section entitles the 
Hopi Tribe to judicial review of a determination of the 
Secretary relating to whether to approve a Tribal manage-
ment plan under paragraph (1) of subsection (e) or an 
expenditure plan under paragraph (2) of that subsection, 
or to take enforcement actions under paragraph (1)(C) or 
(2)(E) of that subsection, except as provided under sub-
chapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administrative 
Procedure Act’’). 
SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SET-
TLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the San Juan Southern Paiute Tribe, to 
be known as the ‘‘San Juan Southern Paiute Tribe Water 
Settlement Trust Fund’’, to be managed, invested, and 
distributed by the Secretary and to remain available until 
expended, withdrawn, or reverted to the general fund of 
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the Treasury, consisting of the amounts deposited in the 
Trust Fund Accounts under subsection (c), together with 
any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
San Juan Southern Paiute Tribe Water Settlement Trust 
Fund the following accounts: 
(1) The San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account. 
(2) The San Juan Southern Paiute Tribe Agri-
cultural Conservation Trust Fund Account. 
(3) The San Juan Southern Paiute Tribe 
OM&R Trust Fund Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account, the 
amounts made available pursuant to subparagraph 
(C)(i) of section 13(b)(3); 
(2) in the San Juan Southern Paiute Tribe Ag-
ricultural Conservation Trust Fund Account, the 
amounts made available pursuant to subparagraph 
(C)(iii) of that section; and 
(3) in the San Juan Southern Paiute Tribe 
OM&R Trust Fund Account, the amounts made 
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available pursuant to subparagraph (C)(ii) of that 
section. 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the San Juan South-
ern Paiute Water Settlement Trust Fund Accounts 
pursuant to subsection (c), the Secretary shall man-
age, invest, and distribute all amounts in the San 
Juan Southern Paiute Water Settlement Trust 
Fund Accounts in a manner that is consistent with 
the investment authority of the Secretary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the San Juan Southern Paiute 
Tribe Water Settlement Trust Fund under sub-
section (c), any investment earnings, including inter-
est, credited to amounts held in accounts of the San 
Juan Southern Paiute Tribe Water Settlement Trust 
Fund are authorized to be appropriated to be used 
in accordance with subsection (f). 
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(e) WITHDRAWALS.— 
(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
(A) IN GENERAL.—The San Juan South-
ern Paiute Tribe may withdraw any portion of 
the amounts in the San Juan Southern Paiute 
Tribe Water Settlement Trust Fund on ap-
proval by the Secretary of a Tribal management 
plan submitted by the San Juan Southern Pai-
ute Tribe in accordance with the American In-
dian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
San Juan Southern Paiute Tribe spend all 
amounts withdrawn from the San Juan South-
ern Paiute Tribe Water Settlement Trust Fund, 
and any investment earnings accrued through 
the investments under the Tribal management 
plan, in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
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tions as the Secretary determines to be nec-
essary— 
(i) to enforce a Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
from the San Juan Southern Paiute Tribe 
Water Settlement Trust Fund by the San 
Juan Southern Paiute Tribe under this 
paragraph are used in accordance with this 
Act. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The San Juan South-
ern Paiute Tribe may submit to the Secretary 
a request to withdraw funds from the San Juan 
Southern Paiute Tribe Water Settlement Trust 
Fund pursuant to an approved expenditure 
plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the San Juan Southern 
Paiute Tribe shall submit to the Secretary for 
approval an expenditure plan for any portion of 
the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund that the San Juan 
Southern Paiute Tribe elects to withdraw pur-
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suant to this paragraph, subject to the condi-
tion that the funds shall be used for the pur-
poses described in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
San Juan Southern Paiute Tribe Water Settle-
ment Trust Fund Accounts will be used by the 
San Juan Southern Paiute Tribe in accordance 
with subsection (f). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
bursed under this paragraph are used in ac-
cordance with this Act. 
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(f) USES.—Amounts from the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund shall be used 
by the San Juan Southern Paiute Tribe for the following 
purposes: 
(1) THE SAN JUAN SOUTHERN PAIUTE TRIBE 
GROUNDWATER PROJECTS TRUST FUND ACCOUNT.— 
Amounts in the San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account may only 
be used to pay the cost of designing and con-
structing water projects, including Water treatment 
facilities, pipelines, storage tanks, pumping stations, 
pressure reducing valves, electrical transmission fa-
cilities, and the other appurtenant items, including 
real property and easements necessary to deliver 
water to the areas served. 
(2) THE SAN JUAN SOUTHERN PAIUTE TRIBE 
AGRICULTURAL
CONSERVATION
TRUST
FUND
AC-
COUNT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts in the San Juan Southern 
Paiute Tribe Agricultural Conservation Trust 
Fund Account may only be used to pay the 
costs of improvements to reduce water short-
ages on the historically irrigated land of the 
San Juan Southern Paiute Tribe, including 
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sprinklers, drip or other efficient irrigation sys-
tems, land leveling, wells, pipelines, pumps and 
storage, stream bank stabilization and restora-
tion, pasture seeding and management, fencing, 
wind breaks, and alluvial wells. 
(B) LIMITATION.—Not more than half of 
the amounts in the San Juan Southern Paiute 
Tribe Agricultural Conservation Trust Fund 
Account may be used for replacement and de-
velopment of livestock wells and impoundments 
on San Juan Southern Paiute Land. 
(3) THE SAN JUAN SOUTHERN PAIUTE TRIBE 
OM&R TRUST FUND ACCOUNT.—Amounts in the San 
Juan Southern Paiute Tribe OM&R Trust Fund Ac-
count may only be used to pay the OM&R costs of 
the San Juan Southern Paiute Tribe Water projects 
described in paragraph (1) and for the imputed 
costs for delivery of water from the iina´ ba´ – paa 
tuwaqat’si pipeline. 
(g) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund Ac-
counts by the San Juan Southern Paiute Tribe pursuant 
to subsection (e). 
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(h) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the San Juan Southern Paiute Tribe Water Settle-
ment Trust Fund shall remain in the San Juan Southern 
Paiute Tribe. 
(i) ACCOUNT TRANSFERS.—If the activities described 
in any of paragraphs (1) through (3) of subsection (f) are 
complete and amounts remain in the applicable Trust 
Fund Account described in those paragraphs, the Sec-
retary, at the request of the San Juan Southern Paiute 
Tribe, shall transfer the remaining amounts to one of the 
other accounts within the San Juan Southern Paiute 
Tribe Water Settlement Trust Fund. 
(j) CONTRIBUTIONS
TO
THE
IINA´
BA´
– PAA 
TUWAQAT’SI PIPELINE.—In its sole discretion, the San 
Juan Southern Paiute Tribe may use amounts in the San 
Juan Southern Paiute Tribe Water Settlement Trust 
Fund to supplement funds in the iina´ ba´ – paa tuwaqat’si 
pipeline Implementation Fund Account. 
(k) ANNUAL REPORT.—The San Juan Southern Pai-
ute Tribe shall submit to the Secretary an annual expendi-
ture report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management 
plan submitted under paragraph (1) of subsection (e) or 
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an expenditure plan under paragraph (2) of that sub-
section. 
(l) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
shall be distributed to any Member of the San Juan 
Southern Paiute Tribe on a per capita basis. 
(m) EFFECT.—Nothing in this section entitles the 
San Juan Southern Paiute Tribe to judicial review of a 
determination of the Secretary relating to whether to ap-
prove a Tribal management plan under paragraph (1) of 
subsection (e) or an expenditure plan under paragraph (2) 
of that subsection, or to take enforcement actions under 
paragraph (1)(C) or (2)(E) of that subsection, except as 
provided under subchapter II of chapter 5, and chapter 
7, of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’). 
SEC. 13. FUNDING. 
(a) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE IMPLE-
MENTATION FUND ACCOUNT.— 
(1) MANDATORY APPROPRIATION.—Out of any 
funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the 
Secretary $1,715,000,000 for deposit in the iina´ ba´ 
– paa tuwaqat’si pipeline Implementation Fund Ac-
count, to carry out the planning, engineering, de-
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sign, environmental compliance, and construction of 
the iina´ ba´ – paa tuwaqat’si pipeline, to remain 
available until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(2) AVAILABILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), amounts appropriated to 
and deposited in the iina´ ba´ – paa tuwaqat’si 
pipeline Implementation Fund Account under 
paragraph (1) shall not be available for expend-
iture until the Enforceability Date. 
(B) EXCEPTION.—Of the amounts made 
available under paragraph (1), $250,000,000 
shall be made available before the Enforce-
ability Date for the Bureau to carry out envi-
ronmental compliance and preliminary design of 
the iina´ ba´ – paa tuwaqat’si pipeline, subject to 
the following: 
(i) The revision of the Settlement 
Agreement and exhibits to conform to this 
Act. 
(ii) Execution by all of the required 
settlement parties, including the United 
States, to the conformed Settlement Agree-
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ment and exhibits, including the waivers 
and releases of claims under section 14. 
(3) SETTLEMENT FUNDING SOURCES.—If the 
iina´ ba´ – paa tuwaqat’si pipeline Implementation 
Fund Account is insufficient to complete the iina´ ba´ 
– paa tuwaqat’si pipeline in accordance with section 
8, the Navajo Nation and Hopi Tribe shall provide 
necessary supplemental funding from the Water Set-
tlement Trust Fund of the Tribe as described in sec-
tions 10(j) and 11(j). 
(b) NAVAJO NATION WATER SETTLEMENT TRUST 
FUND, THE HOPI TRIBE WATER SETTLEMENT TRUST 
FUND AND THE SAN JUAN SOUTHERN PAIUTE SETTLE-
MENT TRUST FUND.— 
(1) MANDATORY APPROPRIATION.—Out of any 
funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the 
Secretary $3,421,400,000, for deposit in the Navajo 
Nation Water Settlement Trust Fund, the Hopi 
Tribe Water Settlement Trust Fund, and the San 
Juan Southern Paiute Tribe Water Settlement Trust 
Fund, in accordance with paragraph (3), to remain 
available until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
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(2) AVAILABILITY.—Amounts appropriated to 
and deposited in the Navajo Nation Water Settle-
ment Trust Fund, the Hopi Tribe Water Settlement 
Trust Fund, and the San Juan Southern Paiute 
Water Settlement Trust Fund under paragraph (1) 
shall not be available for expenditure until the En-
forceability Date. 
(3) ALLOCATION.—The Secretary shall dis-
tribute and deposit the amounts made available 
under paragraph (1) in accordance with the fol-
lowing: 
(A) THE NAVAJO NATION WATER SETTLE-
MENT TRUST FUND.—The Secretary shall de-
posit in the Navajo Nation Water Settlement 
Trust Fund $2,876,416,400 to remain available 
until expended, withdrawn, or reverted to the 
general fund of the Treasury and to be allo-
cated to the accounts of the Navajo Nation 
Water Settlement Trust Fund in accordance 
with the following: 
(i) The Navajo Nation Water Projects 
Trust Fund Account, $2,369,200,000. 
(ii) The Navajo Nation OM&R Trust 
Fund Account, $229,500,000. 
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(iii) The Navajo Nation Agricultural 
Conservation 
Trust 
Fund 
Account, 
$80,000,000. 
(iv) The Navajo Nation Renewable 
Energy Trust Fund Account, $40,000,000. 
(v) The Navajo Nation Lower Basin 
Colorado River Water Acquisition Trust 
Fund Account, $28,000,000. 
(vi) The Navajo Nation System Con-
servation 
Trust 
Fund 
Account, 
$129,716,400. 
(B) THE HOPI TRIBE WATER SETTLEMENT 
TRUST FUND.—The Secretary shall deposit in 
the Hopi Tribe Water Settlement Trust Fund 
$515,183,600, to remain available until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury and to be allocated to the 
accounts of the Hopi Tribe Water Settlement 
Trust Fund in accordance with the following: 
(i) The Hopi Tribe Groundwater 
Projects 
Trust 
Fund 
Account, 
$390,000,000. 
(ii) The Hopi Tribe OM&R Trust 
Fund Account, $87,000,000. 
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(iii) The Hopi Tribe Agricultural Con-
servation 
Trust 
Fund 
Account, 
$30,000,000. 
(iv) The Hopi Tribe Lower Basin Col-
orado River Water Acquisition Trust Fund 
Account, $1,500,000. 
(v) The Hopi Tribe System Conserva-
tion Trust Fund Account, $6,683,600. 
(C) THE
SAN
JUAN
SOUTHERN
PAIUTE 
TRIBE
WATER
SETTLEMENT
TRUST
FUND.— 
The Secretary shall deposit in the San Juan 
Southern Paiute Water Settlement Trust Fund 
$29,800,000, to remain available until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury and to be allocated to the 
accounts of the San Juan Southern Paiute 
Water Settlement Trust Fund in accordance 
with the following: 
(i) The San Juan Southern Paiute 
Groundwater Projects Trust Fund Ac-
count, $28,000,000. 
(ii) The San Juan Southern Paiute 
OM&R Trust Fund Account, $1,500,000. 
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(iii) The San Juan Southern Paiute 
Agricultural Conservation Trust Fund Ac-
count, $300,000. 
(c) SUPPLEMENTAL IINA´
BA´ – PAA TUWAQAT’SI 
PIPELINE
IMPLEMENTATION
FUND
ACCOUNT
RE-
SERVE.— 
(1) IN GENERAL.—In order to address the pre-
liminary estimate level of the value planning study 
described in section 8(a)(1)(C)(iii), and the risk that 
the amount in the iina´ ba´ – paa tuwaqat’si pipeline 
Implementation Fund Account may be insufficient 
to complete construction of the iina´ ba´ – paa 
tuwaqat’si pipeline, until the Secretary completes a 
feasibility-level design and estimate for the iina´ ba´ 
– paa tuwaqat’si pipeline, 50 percent of the Navajo 
Nation Water Settlement Trust Fund and 50 per-
cent of the Hopi Tribe Water Settlement Trust 
Fund— 
(A) shall not be available for withdrawal, 
except pursuant to sections 10(j)(1) and 
11(j)(1); and 
(B) shall remain available to supplement 
the iina´ ba´ – paa tuwaqat’si pipeline Implemen-
tation Fund Account. 
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(2) ON COMPLETION OF FEASIBILITY STUDY.— 
On completion of the feasibility-level estimate, value 
planning, and final design approved by the Navajo 
Nation, Hopi Tribe, and the Secretary, a percentage 
of the Navajo Nation Water Settlement Trust Fund 
and the Hopi Tribe Water Settlement Trust Fund to 
be determined by the Secretary— 
(A) shall not be available for withdrawal, 
except pursuant to sections 10(j)(1) and 
11(j)(1); and 
(B) shall remain available to supplement 
iina´ ba´ – paa tuwaqat’si pipeline Implementa-
tion Fund Account until the Secretary notifies 
the Tribes in writing that supplemental funding 
is no longer needed. 
(d) CREDITS TO ACCOUNTS.— 
(1) IN
GENERAL.—The interest on, and the 
proceeds from, the sale or redemption of, any obliga-
tions held in the Navajo Nation Water Settlement 
Trust Fund, the Hopi Tribe Water Settlement Trust 
Fund, and the San Juan Southern Paiute Water 
Settlement Trust Fund shall be credited to and form 
a part of the applicable Trust Fund. 
(2) USE OF TRUST FUNDS.—Amounts appro-
priated to and deposited in the Navajo Nation Water 
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Settlement Trust Fund, the Hopi Tribe Water Set-
tlement Trust Fund, and the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund may be 
used as described in sections 10, 11, and 12 and 
paragraph 12 of the Settlement Agreement. 
(e) FLUCTUATION IN COSTS.— 
(1) IMPLEMENTATION
FUND
ACCOUNT.—The 
amounts appropriated and authorized to be appro-
priated under subsection (a) shall be— 
(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
January 1, 2024, as indicated by the Bureau 
Construction Cost Trends Index applicable to 
the types of construction involved; and 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the types of construction and current indus-
try standards involved. 
(2) TRUST FUNDS.—The amounts appropriated 
and authorized to be appropriated under subsection 
(b) shall be— 
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(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
January 1, 2024, as indicated by the Bureau 
Construction Cost Index—Composite Trend, ex-
cept for the OM&R trust funds which shall be 
adjusted based on the Bureau OM&R Cost 
Index; and 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the types of construction and current indus-
try standards involved. 
(3) REPETITION.—The adjustment process 
under paragraphs (1) and (2) shall be repeated for 
each subsequent amount appropriated until the 
amount appropriated and authorized to be appro-
priated, as applicable, under subsections (a) and (b), 
as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.— 
(A) IMPLEMENTATION
FUND.—With re-
spect to the iina´ ba´ – paa tuwaqat’si pipeline 
Implementation Fund Account, the period of 
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adjustment under paragraph (1) for any incre-
ment of funding shall be annually until the iina´ 
ba´ – paa tuwaqat’si pipeline project is com-
pleted. 
(B) TRUST FUNDS.—With respect to the 
Navajo Nation Water Settlement Trust Fund, 
the Hopi Tribe Water Settlement Trust Fund, 
and the San Juan Southern Paiute Water Set-
tlement Trust Fund, the period of indexing ad-
justment under paragraph (2) for any incre-
ment of funding shall end on the date on which 
the funds are deposited into the Trust Funds. 
SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS. 
(a) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE NAVAJO NATION, ON BE-
HALF OF THE NAVAJO NATION AND THE MEMBERS OF 
THE NAVAJO NATION (BUT NOT MEMBERS IN THE CA-
PACITY OF THE MEMBERS AS NAVAJO ALLOTTEES), AND 
THE UNITED STATES, ACTING AS TRUSTEE FOR THE 
NAVAJO NATION AND THE MEMBERS OF THE NAVAJO 
NATION (BUT NOT MEMBERS IN THE CAPACITY OF THE 
MEMBERS AS NAVAJO ALLOTTEES) AGAINST THE STATE 
AND OTHERS.— 
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