(B) any land or interest in land acquired 
by the United States for the construction, oper-
ation, and maintenance of the well or related 
pipeline facility. 
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT.— 
(A) IN GENERAL.—The Secretary is au-
thorized to pay operation and maintenance 
costs for the wells and related pipeline facilities 
authorized under this subsection until title to 
the facilities is conveyed to the Nation. 
(B) SUBSEQUENT
ASSUMPTION
BY
NA-
TION.—On completion of a conveyance of title 
under paragraph (1), the Nation shall assume 
all responsibility for the operation and mainte-
nance of the well or related pipeline facility con-
veyed. 
(3) EFFECT OF CONVEYANCE.—The conveyance 
of title to the Nation of the conjunctive use wells 
under paragraph (1) shall not affect the application 
of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
(g) USE OF PROJECT FACILITIES.—The capacities of 
the treatment facilities, main pipelines, and lateral pipe-
lines of the Project authorized by section 302(b) may be 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
used to treat and convey groundwater to Nation commu-
nities if the Nation provides for payment of the operation, 
maintenance, and replacement costs associated with the 
use of the facilities or pipelines. 
(h) LIMITATIONS.—The diversion and use of ground-
water by wells constructed or rehabilitated under this sec-
tion shall be made in a manner consistent with applicable 
Federal and State law. 
SEC. 307. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS. 
(a) REHABILITATION.—Subject to subsection (b), the 
Secretary shall rehabilitate— 
(1) the Fruitland-Cambridge Irrigation Project 
to serve not more than 3,335 acres of land, which 
shall be considered to be the total serviceable area 
of the project; and 
(2) the Hogback-Cudei Irrigation Project to 
serve not more than 8,830 acres of land, which shall 
be considered to be the total serviceable area of the 
project. 
(b) CONDITION.—The Secretary shall not commence 
any construction activity relating to the rehabilitation of 
the Fruitland-Cambridge Irrigation Project or the Hog-
back-Cudei Irrigation Project under subsection (a) until 
the Secretary executes the Agreement. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(c) OPERATION, MAINTENANCE, AND REPLACEMENT 
OBLIGATION.—The Nation shall continue to be respon-
sible for the operation, maintenance, and replacement of 
each facility rehabilitated under this section. 
SEC. 308. OTHER IRRIGATION PROJECTS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the State of New Mexico (acting through the 
Interstate Stream Commission) and the Non-Navajo Irri-
gation Districts that elect to participate, shall— 
(1) conduct a study of Non-Navajo Irrigation 
District diversion and ditch facilities; and 
(2) based on the study, identify and prioritize 
a list of projects, with associated cost estimates, that 
are recommended to be implemented to repair, reha-
bilitate, or reconstruct irrigation diversion and ditch 
facilities to improve water use efficiency. 
(b) GRANTS.—The Secretary may provide grants to, 
and enter into cooperative agreements with, the Non-Nav-
ajo Irrigation Districts to plan, design, or otherwise imple-
ment the projects identified under subsection (a)(2). 
(c) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the total cost of carrying out a project under sub-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
section (b) shall be not more than 50 percent, and 
shall be nonreimbursable. 
(2) FORM.—The non-Federal share required 
under paragraph (1) may be in the form of in-kind 
contributions, including the contribution of any valu-
able asset or service that the Secretary determines 
would substantially contribute to a project carried 
out under subsection (b). 
(3) STATE CONTRIBUTION.—The Secretary may 
accept from the State of New Mexico a partial or 
total contribution toward the non-Federal share for 
a project carried out under subsection (b). 
SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR NAV-
AJO-GALLUP WATER SUPPLY PROJECT.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary to plan, design, and 
construct the Project $870,000,000 for the period of 
fiscal years 2009 through 2024, to remain available 
until expended. 
(2) ADJUSTMENTS.—The amount under para-
graph (1) shall be adjusted by such amounts as may 
be required by reason of changes since 2007 in con-
struction costs, as indicated by engineering cost indi-
ces applicable to the types of construction involved. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(3) USE.—In addition to the uses authorized 
under paragraph (1), amounts made available under 
that paragraph may be used for the conduct of re-
lated activities to comply with Federal environmental 
laws. 
(4) OPERATION AND MAINTENANCE.— 
(A) IN GENERAL.—There are authorized to 
be appropriated such sums as are necessary to 
operate and maintain the Project consistent 
with this Act. 
(B) 
EXPIRATION.—The 
authorization 
under subparagraph (A) shall expire 10 years 
after the year the Secretary declares the Project 
to be substantially complete. 
(b) 
APPROPRIATIONS
FOR
CONJUNCTIVE
USE 
WELLS.— 
(1) SAN JUAN WELLS.—There is authorized to 
be appropriated to the Secretary for the construction 
or rehabilitation and operation and maintenance of 
conjunctive 
use 
wells 
under 
section 
306(b) 
$30,000,000, as adjusted under paragraph (3), for 
the period of fiscal years 2009 through 2019. 
(2) WELLS IN THE LITTLE COLORADO AND RIO 
GRANDE BASINS.—There are authorized to be appro-
priated to the Secretary for the construction or reha-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
bilitation and operation and maintenance of conjunc-
tive use wells under section 306(c) such sums as are 
necessary for the period of fiscal years 2009 through 
2024. 
(3) ADJUSTMENTS.—The amount under para-
graph (1) shall be adjusted by such amounts as may 
be required by reason of changes since 2008 in con-
struction costs, as indicated by engineering cost indi-
ces applicable to the types of construction or reha-
bilitation involved. 
(4) 
NONREIMBURSABLE
EXPENDITURES.— 
Amounts made available under paragraphs (1) and 
(2) shall be nonreimbursable to the United States. 
(5) USE.—In addition to the uses authorized 
under paragraphs (1) and (2), amounts made avail-
able under that paragraph may be used for the con-
duct of related activities to comply with Federal en-
vironmental laws. 
(6) LIMITATION.—Appropriations authorized 
under paragraph (1) shall not be used for operation 
or maintenance of any conjunctive use wells at a 
time in excess of 3 years after the well is declared 
substantially complete. 
(c) SAN JUAN RIVER IRRIGATION PROJECTS.— 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary— 
(A) to carry out section 307(a)(1), not 
more than $7,700,000, as adjusted under para-
graph (2), for the period of fiscal years 2009 
through 2015, to remain available until ex-
pended; and 
(B) to carry out section 307(a)(2), not 
more than $15,400,000, as adjusted under 
paragraph (2), for the period of fiscal years 
2009 through 2018, to remain available until 
expended. 
(2) ADJUSTMENT.—The amounts made avail-
able under paragraph (1) shall be adjusted by such 
amounts as may be required by reason of changes 
since January 1, 2004, in construction costs, as in-
dicated by engineering cost indices applicable to the 
types of construction involved in the rehabilitation. 
(3) 
NONREIMBURSABLE
EXPENDITURES.— 
Amounts made available under this subsection shall 
be nonreimbursable to the United States. 
(d) OTHER IRRIGATION PROJECTS.—There are au-
thorized to be appropriated to the Secretary to carry out 
section 308 $11,000,000 for the period of fiscal years 
2009 through 2018. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(e) CULTURAL RESOURCES.— 
(1) IN GENERAL.—The Secretary may use not 
more than 2 percent of amounts made available 
under subsections (a), (b), and (c) for the survey, re-
covery, protection, preservation, and display of ar-
chaeological resources in the area of a Project facil-
ity or conjunctive use well. 
(2) NONREIMBURSABLE EXPENDITURES.—Any 
amounts made available under paragraph (1) shall 
be nonreimbursable. 
(f) FISH AND WILDLIFE FACILITIES.— 
(1) IN GENERAL.—In association with the de-
velopment of the Project, the Secretary may use not 
more than 4 percent of amounts made available 
under subsections (a), (b), and (c) to purchase land 
and construct and maintain facilities to mitigate the 
loss of, and improve conditions for the propagation 
of, fish and wildlife if any such purchase, construc-
tion, or maintenance will not affect the operation of 
any water project or use of water. 
(2) NONREIMBURSABLE EXPENDITURES.—Any 
amounts expended under paragraph (1) shall be 
nonreimbursable. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
TITLE IV—NAVAJO NATION 
WATER RIGHTS 
SEC. 401. AGREEMENT. 
(a) AGREEMENT APPROVAL.— 
(1) APPROVAL BY CONGRESS.—Except to the 
extent that any provision of the Agreement conflicts 
with this Act, Congress approves, ratifies, and con-
firms the Agreement (including any amendments to 
the Agreement that are executed to make the Agree-
ment consistent with this Act). 
(2) EXECUTION
BY
SECRETARY.—The Sec-
retary shall enter into the Agreement to the extent 
that the Agreement does not conflict with this Act, 
including— 
(A) any exhibits to the Agreement requir-
ing the signature of the Secretary; and 
(B) any amendments to the Agreement 
necessary to make the Agreement consistent 
with this Act. 
(3) AUTHORITY
OF
SECRETARY.—The Sec-
retary may carry out any action that the Secretary 
determines is necessary or appropriate to implement 
the Agreement, the Contract, and this section. 
(4) ADMINISTRATION
OF
NAVAJO
RESERVOIR 
RELEASES.—The State of New Mexico may admin-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
ister water that has been released from storage in 
Navajo Reservoir in accordance with subparagraph 
9.1 of the Agreement. 
(b) WATER AVAILABLE UNDER CONTRACT.— 
(1) QUANTITIES OF WATER AVAILABLE.— 
(A) IN GENERAL.—Water shall be made 
available annually under the Contract for 
projects in the State of New Mexico supplied 
from the Navajo Reservoir and the San Juan 
River (including tributaries of the River) under 
New Mexico State Engineer File Numbers 
2849, 2883, and 3215 in the quantities de-
scribed in subparagraph (B). 
(B) WATER QUANTITIES.—The quantities 
of water referred to in subparagraph (A) are as 
follows: 
Diver-
sion 
(acre- 
feet/ 
year) 
Deple-
tion 
(acre- 
feet/ 
year) 
Navajo Indian Irrigation Project 
508,000 
270,000 
Navajo-Gallup Water Supply Project 
22,650 
20,780 
Animas-La Plata Project 
4,680 
2,340 
Total 
535,330 
293,120 
(C) MAXIMUM QUANTITY.—A diversion of 
water to the Nation under the Contract for a 
project described in subparagraph (B) shall not 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
exceed the quantity of water necessary to sup-
ply the amount of depletion for the project. 
(D) TERMS, CONDITIONS, AND
LIMITA-
TIONS.—The diversion and use of water under 
the Contract shall be subject to and consistent 
with the terms, conditions, and limitations of 
the Agreement, this Act, and any other applica-
ble law. 
(2) AMENDMENTS
TO
CONTRACT.—The Sec-
retary, with the consent of the Nation, may amend 
the Contract if the Secretary determines that the 
amendment is— 
(A) consistent with the Agreement; and 
(B) in the interest of conserving water or 
facilitating beneficial use by the Nation or a 
subcontractor of the Nation. 
(3) RIGHTS OF THE NATION.—The Nation may, 
under the Contract— 
(A) use tail water, wastewater, and return 
flows attributable to a use of the water by the 
Nation or a subcontractor of the Nation if— 
(i) the depletion of water does not ex-
ceed the quantities described in paragraph 
(1); and 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
placement costs under this Act and the 
Contract. 
(c) SUBCONTRACTS.— 
(1) IN GENERAL.— 
(A) SUBCONTRACTS
BETWEEN
NATION 
AND THIRD PARTIES.—The Nation may enter 
into subcontracts for the delivery of Project 
water under the Contract to third parties for 
any beneficial use in the State of New Mexico 
(on or off land held by the United States in 
trust for the Nation or a member of the Nation 
or land held in fee by the Nation). 
(B) APPROVAL REQUIRED.—A subcontract 
entered into under subparagraph (A) shall not 
be effective until approved by the Secretary in 
accordance with this subsection and the Con-
tract. 
(C) SUBMITTAL.—The Nation shall submit 
to the Secretary for approval or disapproval any 
subcontract entered into under this subsection. 
(D) DEADLINE.—The Secretary shall ap-
prove or disapprove a subcontract submitted to 
the Secretary under subparagraph (C) not later 
than the later of— 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(i) the date that is 180 days after the 
date on which the subcontract is submitted 
to the Secretary; and 
(ii) the date that is 60 days after the 
date on which a subcontractor complies 
with— 
(I) section 102(2)(C) of the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)); and 
(II) any other requirement of 
Federal law. 
(E) ENFORCEMENT.—A party to a sub-
contract may enforce the deadline described in 
subparagraph (D) under section 1361 of title 
28, United States Code. 
(F) COMPLIANCE
WITH
OTHER
LAW.—A 
subcontract described in subparagraph (A) shall 
comply with the Agreement, the Partial Final 
Decree described in paragraph 3.0 of the Agree-
ment, and any other applicable law. 
(G) NO
LIABILITY.—The Secretary shall 
not be liable to any party, including the Nation, 
for any term of, or any loss or other detriment 
resulting from, a lease, contract, or other agree-
ment entered into pursuant to this subsection. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(2) ALIENATION.— 
(A) PERMANENT
ALIENATION.—The Na-
tion shall not permanently alienate any right 
granted to the Nation under the Contract. 
(B) MAXIMUM TERM.—The term of any 
water use subcontract (including a renewal) 
under this subsection shall be not more than 99 
years. 
(3) NONINTERCOURSE ACT COMPLIANCE.—This 
subsection— 
(A) provides congressional authorization 
for the subcontracting rights of the Nation; and 
(B) is deemed to fulfill any requirement 
that may be imposed by section 2116 of the Re-
vised Statutes (25 U.S.C. 177). 
(4) FORFEITURE.—The nonuse of the water 
supply secured by a subcontractor of the Nation 
under this subsection shall not result in forfeiture, 
abandonment, relinquishment, or other loss of any 
part of a right decreed to the Nation under the Con-
tract or this section. 
(5) NO PER CAPITA PAYMENTS.—No part of 
the revenue from a water use subcontract under this 
subsection shall be distributed to any member of the 
Nation on a per capita basis. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(d) 
WATER
LEASES
NOT
REQUIRING
SUB-
CONTRACTS.— 
(1) AUTHORITY OF NATION.— 
(A) IN GENERAL.—The Nation may lease, 
contract, or otherwise transfer to another party 
or to another purpose or place of use in the 
State of New Mexico (on or off land that is held 
by the United States in trust for the Nation or 
a member of the Nation or held in fee by the 
Nation) a water right that— 
(i) is decreed to the Nation under the 
Agreement; and 
(ii) is not subject to the Contract. 
(B) COMPLIANCE WITH OTHER LAW.—In 
carrying out an action under this subsection, 
the Nation shall comply with the Agreement, 
the Partial Final Decree described in paragraph 
3.0 of the Agreement, the Supplemental Partial 
Final Decree described in paragraph 4.0 of the 
Agreement, and any other applicable law. 
(2) ALIENATION; MAXIMUM TERM.— 
(A) ALIENATION.—The Nation shall not 
permanently alienate any right granted to the 
Nation under the Agreement. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(B) MAXIMUM TERM.—The term of any 
water use lease, contract, or other arrangement 
(including a renewal) under this subsection 
shall be not more than 99 years. 
(3) NO LIABILITY.—The Secretary shall not be 
liable to any party, including the Nation, for any 
term of, or any loss or other detriment resulting 
from, a lease, contract, or other agreement entered 
into pursuant to this subsection. 
(4) NONINTERCOURSE ACT COMPLIANCE.—This 
subsection— 
(A) provides congressional authorization 
for the lease, contracting, and transfer of any 
water right described in paragraph (1)(A); and 
(B) is deemed to fulfill any requirement 
that may be imposed by the provisions of sec-
tion 2116 of the Revised Statutes (25 U.S.C. 
177). 
(5) FORFEITURE.—The nonuse of a water right 
of the Nation by a lessee or contractor to the Nation 
under this subsection shall not result in forfeiture, 
abandonment, relinquishment, or other loss of any 
part of a right decreed to the Nation under the Con-
tract or this section. 
(e) NULLIFICATION.— 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(1) DEADLINES.— 
(A) IN
GENERAL.—In carrying out this 
section, the following deadlines apply with re-
spect to implementation of the Agreement: 
(i) AGREEMENT.—Not later than De-
cember 31, 2009, the Secretary shall exe-
cute the Agreement. 
(ii) CONTRACT.—Not later than De-
cember 31, 2009, the Secretary and the 
Nation shall execute the Contract. 
(iii) PARTIAL
FINAL
DECREE.—Not 
later than December 31, 2012, the court in 
the stream adjudication shall have entered 
the Partial Final Decree described in para-
graph 3.0 of the Agreement. 
(iv) FRUITLAND-CAMBRIDGE
IRRIGA-
TION PROJECT.—Not later than December 
31, 2015, the rehabilitation construction of 
the Fruitland-Cambridge Irrigation Project 
authorized under section 307(a)(1) shall be 
completed. 
(v) SUPPLEMENTAL
PARTIAL
FINAL 
DECREE.—Not later than December 31, 
2015, the court in the stream adjudication 
shall enter the Supplemental Partial Final 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
Decree described in subparagraph 4.0 of 
the Agreement. 
(vi) 
HOGBACK-CUDEI
IRRIGATION 
PROJECT.—Not later than December 31, 
2018, the rehabilitation construction of the 
Hogback-Cudei Irrigation Project author-
ized under section 307(a)(2) shall be com-
pleted. 
(vii) TRUST
FUND.—Not later than 
December 31, 2019, the United States 
shall make all deposits into the Trust 
Fund under section 402. 
(viii) 
CONJUNCTIVE
WELLS.—Not 
later than December 31, 2019, the funds 
authorized to be appropriated under sec-
tion 309(b)(1) for the conjunctive use wells 
authorized under section 306(b) should be 
appropriated. 
(ix) NAVAJO-GALLUP WATER SUPPLY 
PROJECT.—Not later than December 31, 
2024, the construction of all Project facili-
ties shall be completed. 
(B) EXTENSION.—A deadline described in 
subparagraph (A) may be extended if the Na-
tion, the United States (acting through the Sec-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
retary), and the State of New Mexico (acting 
through the New Mexico Interstate Stream 
Commission) agree that an extension is reason-
ably necessary. 
(2) REVOCABILITY OF AGREEMENT, CONTRACT 
AND AUTHORIZATIONS.— 
(A) PETITION.—If the Nation determines 
that a deadline described in paragraph (1)(A) is 
not substantially met, the Nation may submit 
to the court in the stream adjudication a peti-
tion to enter an order terminating the Agree-
ment and Contract. 
(B) TERMINATION.—On issuance of an 
order to terminate the Agreement and Contract 
under subparagraph (A)— 
(i) the Trust Fund shall be termi-
nated; 
(ii) the balance of the Trust Fund 
shall be deposited in the general fund of 
the Treasury; 
(iii) the authorizations for construc-
tion and rehabilitation of water projects 
under this Act shall be revoked and any 
Federal activity related to that construc-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
tion and rehabilitation shall be suspended; 
and 
(iv) this title and titles I and III shall 
be null and void. 
(3) CONDITIONS NOT CAUSING NULLIFICATION 
OF SETTLEMENT.— 
(A) IN GENERAL.—If a condition described 
in subparagraph (B) occurs, the Agreement and 
Contract shall not be nullified or terminated. 
(B) CONDITIONS.—The conditions referred 
to in subparagraph (A) are as follows: 
(i) A lack of right to divert at the ca-
pacities of conjunctive use wells con-
structed or rehabilitated under section 
306. 
(ii) A failure— 
(I) to determine or resolve an ac-
counting of the use of water under 
this Act in the State of Arizona; 
(II) to obtain a necessary water 
right for the consumptive use of water 
in Arizona; 
(III) to contract for the delivery 
of water for use in Arizona; or 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(IV) to construct and operate a 
lateral facility to deliver water to a 
community of the Nation in Arizona, 
under the Project. 
(f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in the Agreement, the Contract, 
or this section quantifies or adversely affects the 
land and water rights, or claims or entitlements to 
water, of any Indian tribe or community other than 
the rights, claims, or entitlements of the Nation in, 
to, and from the San Juan River Basin in the State 
of New Mexico. 
(2) EXCEPTION.—The right of the Nation to 
use water under water rights the Nation has in 
other river basins in the State of New Mexico shall 
be forborne to the extent that the Nation supplies 
the uses for which the water rights exist by diver-
sions of water from the San Juan River Basin under 
the Project consistent with subparagraph 9.13 of the 
Agreement. 
SEC. 402. TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a fund to be known as the ‘‘Navajo Nation 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
Water Resources Development Trust Fund’’, consisting 
of— 
(1) such amounts as are appropriated to the 
Trust Fund under subsection (f); and 
(2) any interest earned on investment of 
amounts in the Trust Fund under subsection (d). 
(b) USE OF FUNDS.—The Nation may use amounts 
in the Trust Fund— 
(1) to investigate, construct, operate, maintain, 
or replace water project facilities, including facilities 
conveyed to the Nation under this Act and facilities 
owned by the United States for which the Nation is 
responsible for operation, maintenance, and replace-
ment costs; and 
(2) to investigate, implement, or improve a 
water conservation measure (including a metering or 
monitoring activity) necessary for the Nation to 
make use of a water right of the Nation under the 
Agreement. 
(c) MANAGEMENT.—The Secretary shall manage the 
Trust Fund, invest amounts in the Trust Fund, and make 
amounts available from the Trust Fund for distribution 
to the Nation in accordance with the American Indian 
Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.). 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(d) INVESTMENT OF THE TRUST FUND.—The Sec-
retary shall invest amounts in the Trust Fund in accord-
ance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
(2) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); and 
(3) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(e) CONDITIONS
FOR EXPENDITURES
AND WITH-
DRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—Subject to paragraph 
(7), on approval by the Secretary of a tribal 
management plan in accordance with the Amer-
ican Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.), the Na-
tion may withdraw all or a portion of the 
amounts in the Trust Fund. 
(B) REQUIREMENTS.—In addition to any 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the tribal management 
plan shall require that the Nation only use 
amounts in the Trust Fund for the purposes 
described in subsection (b), including the identi-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
fication of water conservation measures to be 
implemented in association with the agricultural 
water use of the Nation. 
(2) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the provi-
sions of any tribal management plan to ensure that 
any amounts withdrawn from the Trust Fund are 
used in accordance with this Act. 
(3) NO LIABILITY.—Neither the Secretary nor 
the Secretary of the Treasury shall be liable for the 
expenditure or investment of any amounts with-
drawn from the Trust Fund by the Nation. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Nation shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portion of the amounts in the 
Trust Fund made available under this section 
that the Nation does not withdraw under this 
subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, funds of the Nation remain-
ing in the Trust Fund will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this Act. 
(5) ANNUAL REPORT.—The Nation shall sub-
mit to the Secretary an annual report that describes 
any expenditures from the Trust Fund during the 
year covered by the report. 
(6) LIMITATION.—No portion of the amounts in 
the Trust Fund shall be distributed to any Nation 
member on a per capita basis. 
(7) CONDITIONS.—Any amount authorized to 
be appropriated to the Trust Fund under subsection 
(f) shall not be available for expenditure or with-
drawal— 
(A) before December 31, 2019; and 
(B) until the date on which the court in 
the stream adjudication has entered— 
(i) the Partial Final Decree; and 
(ii) the Supplemental Partial Final 
Decree. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for deposit in the Trust 
Fund— 
(1) $6,000,000 for each of fiscal years 2009 
through 2013; and 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(2) $4,000,000 for each of fiscal years 2014 
through 2018. 
SEC. 403. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE NATION
AND
THE UNITED 
STATES.—The Nation, on behalf of itself and members of 
the Nation (other than members in the capacity of the 
members as allottees), and the United States, acting 
through the Secretary and in the capacity of the United 
States as trustee for the Nation, shall each execute a waiv-
er and release of— 
(1) all claims for water rights in, or for waters 
of, the San Juan River Basin in the State of New 
Mexico that the Nation, or the United States as 
trustee for the Nation, asserted, or could have as-
serted, in the San Juan River adjudication or in any 
other court proceeding; 
(2) all claims that the Nation, or the United 
States as trustee for the Nation, has asserted or 
could assert for any damage, loss, or injury to water 
rights or claims of interference, diversion, or taking 
of water in the San Juan Basin in the State of New 
Mexico that, regardless of whether the damage, loss, 
or injury is unanticipated, unexpected, or un-
known— 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
(A) accrued at any time before or on the 
effective date of the waiver and release under 
subsection (d); and 
(B) may or may not be more numerous or 
more serious than is understood or expected; 
and 
(3) all claims of any damage, loss, or injury or 
for injunctive or other relief because of the condition 
of or changes in water quality related to, or arising 
out of, the exercise of water rights. 
(b) CLAIMS BY THE NATION AGAINST THE UNITED 
STATES.—The Nation, on behalf of itself and its members 
(other than members in the capacity of the members as 
allottees), shall execute a waiver and release of— 
(1) all causes of action that the Nation or the 
members of the Nation (other than members in the 
capacity of the members as allottees) may have 
against the United States or any agencies or employ-
ees of the United States, arising out of claims for 
water rights in, or waters of, the San Juan River 
Basin in the State of New Mexico that the United 
States asserted, or could have asserted, in the 
stream adjudication or other court proceeding; 
(2) all claims for any damage, loss, or injury to 
water rights, claims of interference, diversion or tak-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
ing of water, or failure to protect, acquire, or de-
velop water or water rights for land within the San 
Juan Basin in the State of New Mexico that, re-
gardless whether the damage, loss, or injury is unan-
ticipated, unexpected, or unknown— 
(A) accrued at any time before or on the 
effective date of the waiver and release under 
subsection (d); and 
(B) may or may not be more numerous or 
more serious than is understood or expected; 
and 
(3) all claims arising out of, resulting from, or 
relating in any manner to the negotiation, execution 
or adoption of the Agreement, the Contract, or this 
Act (including any specific terms and provisions of 
the Agreement, the Contract, or this Act) that the 
Nation may have against the United States or any 
agencies or employees of the United States. 
(c) RESERVATION
OF
CLAIMS.—Notwithstanding 
subsections (a) and (b), the Nation and the members of 
the Nation (including members in the capacity of the 
members as allottees) and the United States, as trustee 
for the Nation and allottees, shall retain— 
(1) all claims for water rights or injuries to 
water rights arising out of activities occurring out-
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS
side the San Juan River Basin in the State of New 
Mexico, subject to paragraphs 8.0, 9.3, 9.12, 9.13, 
and 13.9 of the Agreement; 
(2) all claims for enforcement of the Agree-
ment, the Contract, the Partial Final Decree, the 
Supplemental Partial Final Decree, or this Act, 
through any legal and equitable remedies available 
in any court of competent jurisdiction; 
(3) all rights to use and protect water rights ac-
quired pursuant to State law after the effective date 
of the waivers and releases described in subsection 
(d); 
(4) all claims relating to activities affecting the 
quality of water not related to the exercise of water 
rights; and 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released 
under the terms of the Agreement or this Act. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The waivers and releases de-
scribed in subsection (a) shall be effective on the 
date on which the Secretary publishes in the Federal 
Register a statement of findings documenting that 
each of the deadlines described in section 401(e)(1) 
have been met. 
VerDate Nov 24 2008 
21:55 Feb 10, 2009
Jkt 079200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H925.IH
H925
sroberts on PROD1PC70 with BILLS