I 
111TH CONGRESS 
1ST SESSION H. R. 3342 
To authorize the Secretary of the Interior, acting through the Commissioner 
of Reclamation, to develop water infrastructure in the Rio Grande Basin, 
and to approve the settlement of the water rights claims of the Pueblos 
of Nambe, Pojoaque, San Ildefonso, and Tesuque. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2009 
Mr. LUJA´N introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To authorize the Secretary of the Interior, acting through 
the Commissioner of Reclamation, to develop water infra-
structure in the Rio Grande Basin, and to approve the 
settlement of the water rights claims of the Pueblos 
of Nambe, Pojoaque, San Ildefonso, and Tesuque. 
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 
‘‘Aamodt Litigation Settlement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—POJOAQUE BASIN REGIONAL WATER SYSTEM 
Sec. 101. Authorization of Regional Water System. 
Sec. 102. Operating agreement. 
Sec. 103. Acquisition of Pueblo water supply for the Regional Water System. 
Sec. 104. Delivery and allocation of Regional Water System capacity and water. 
Sec. 105. Aamodt settlement Pueblos’ fund. 
Sec. 106. Environmental compliance. 
Sec. 107. Authorization of appropriations. 
TITLE II—POJOAQUE BASIN INDIAN WATER RIGHTS 
SETTLEMENT 
Sec. 201. Settlement agreement and contract approval. 
Sec. 202. Environmental compliance. 
Sec. 203. Conditions precedent and enforcement date. 
Sec. 204. Waivers and releases. 
Sec. 205. Effect. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AAMODT CASE.—The term ‘‘Aamodt Case’’ 
means the civil action entitled ‘‘State of New Mex-
ico, ex rel. State Engineer and United States of 
America, Pueblo de Nambe, Pueblo de Pojoaque, 
Pueblo de San Ildefonso, and Pueblo de Tesuque v. 
R. Lee Aamodt, et al.’’, No. 66 CV 6639 MV/LCS 
(D.N.M.). 
(2) ACRE-FEET.—The term ‘‘acre-feet’’ means 
acre-feet of water per year. 
(3) AUTHORITY.—The term ‘‘Authority’’ means 
the Pojoaque Basin Regional Water Authority de-
scribed in section 9.5 of the Settlement Agreement 
or an alternate entity acceptable to the Pueblos and 
the County to operate and maintain the diversion 
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and treatment facilities, certain transmission pipe-
lines, and other facilities of the Regional Water Sys-
tem. 
(4) CITY.—The term ‘‘City’’ means the city of 
Santa Fe, New Mexico. 
(5) COST-SHARING AND SYSTEM INTEGRATION 
AGREEMENT.—The term ‘‘Cost-Sharing and System 
Integration Agreement’’ means the agreement to be 
executed by the United States, the State, the Pueb-
los, the County, and the City that— 
(A) describes the location, capacity, and 
management (including the distribution of 
water to customers) of the Regional Water Sys-
tem; and 
(B) allocates the costs of the Regional 
Water System with respect to— 
(i) the construction, operation, main-
tenance, and repair of the Regional Water 
System; 
(ii) rights-of-way for the Regional 
Water System; and 
(iii) the acquisition of water rights. 
(6) COUNTY.—The term ‘‘County’’ means 
Santa Fe County, New Mexico. 
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(7) COUNTY DISTRIBUTION SYSTEM.—The term 
‘‘County Distribution System’’ means the portion of 
the Regional Water System that serves water cus-
tomers on non-Pueblo land in the Pojoaque Basin. 
(8) 
COUNTY
WATER
UTILITY.—The 
term 
‘‘County Water Utility’’ means the water utility or-
ganized by the County to— 
(A) receive water distributed by the Au-
thority; and 
(B) provide the water received under sub-
paragraph (A) to customers on non-Pueblo land 
in the Pojoaque Basin. 
(9) ENGINEERING REPORT.—The term ‘‘Engi-
neering 
Report’’ 
means 
the 
report 
entitled 
‘‘Pojoaque Regional Water System Engineering Re-
port’’ dated September 2008 and any amendments 
thereto, including any modifications which may be 
required by section 101(d)(2). 
(10) FUND.—The term ‘‘Fund’’ means the 
Aamodt Settlement Pueblos’ Fund established by 
section 105(a). 
(11) OPERATING AGREEMENT.—The term ‘‘Op-
erating Agreement’’ means the agreement between 
the Pueblos and the County executed under section 
102(a). 
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(ii) portions of a Pueblo water system 
in existence on the date of enactment of 
this Act that serve water customers on 
non-Pueblo land, also in existence on the 
date of enactment of this Act, or their suc-
cessors, that are— 
(I) depicted in the final project 
design, as modified by the drawings 
reflecting 
the 
completed 
Regional 
Water System; and 
(II) described in the Operating 
Agreement. 
(B) 
INCLUSIONS.—The 
term 
‘‘Pueblo 
Water Facility’’ includes— 
(i) the barrier dam and infiltration 
project on the Rio Pojoaque described in 
the Engineering Report; and 
(ii) the Tesuque Pueblo infiltration 
pond described in the Engineering Report. 
(18) REGIONAL WATER SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘Regional 
Water System’’ means the Regional Water Sys-
tem described in section 101(a). 
(B) EXCLUSIONS.—The term ‘‘Regional 
Water System’’ does not include the County or 
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Pueblo water supply delivered through the Re-
gional Water System. 
(19) SAN
JUAN-CHAMA
PROJECT.—The term 
‘‘San Juan-Chama Project’’ means the Project au-
thorized by section 8 of the Act of June 13, 1962 
(76 Stat. 96, 97), and the Act of April 11, 1956 (70 
Stat. 105). 
(20) SAN
JUAN-CHAMA
PROJECT
ACT.—The 
term ‘‘San Juan-Chama Project Act’’ means sections 
8 through 18 of the Act of June 13, 1962 (76 Stat. 
96, 97). 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(22) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means the stipulated and 
binding agreement among the State, the Pueblos, 
the United States, the County, and the City dated 
January 19, 2006, and signed by all of the govern-
ment parties to the Settlement Agreement (other 
than the United States) on May 3, 2006, and as 
amended in conformity with this Act. 
(23) STATE.—The term ‘‘State’’ means the 
State of New Mexico. 
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TITLE I—POJOAQUE BASIN 
REGIONAL WATER SYSTEM 
SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Reclamation, shall plan, design, and con-
struct a regional water system in accordance with the Set-
tlement Agreement, to be known as the ‘‘Regional Water 
System’’— 
(1) to divert and distribute water to the Pueb-
los and to the County Water Utility, in accordance 
with the Engineering Report; and 
(2) that consists of— 
(A) surface water diversion facilities at 
San Ildefonso Pueblo on the Rio Grande; and 
(B) any treatment, transmission, storage 
and distribution facilities and wellfields for the 
County Distribution System and Pueblo Water 
Facilities that are necessary to supply 4,000 
acre-feet of water within the Pojoaque Basin, 
unless modified in accordance with subsection 
(d)(2). 
(b) FINAL PROJECT DESIGN.—The Secretary shall 
issue a final project design within 90 days of completion 
of the environmental compliance described in section 106 
for the Regional Water System that— 
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(1) is consistent with the Engineering Report; 
and 
(2) includes a description of any Pueblo Water 
Facilities. 
(c) ACQUISITION OF LAND; WATER RIGHTS.— 
(1) ACQUISITION OF LAND.—Upon request, and 
in exchange for the funding which shall be provided 
in section 107(c), the Pueblos shall consent to the 
grant of such easements and rights-of-way as may 
be necessary for the construction of the Regional 
Water System at no cost to the Secretary. To the 
extent that the State or County own easements or 
rights-of-way that may be used for construction of 
the Regional Water System, the State or County 
shall provide that land or interest in land as nec-
essary for construction at no cost to the Secretary. 
The Secretary shall acquire any other land or inter-
est in land that is necessary for the construction of 
the Regional Water System. 
(2) WATER RIGHTS.—The Secretary shall not 
condemn water rights for purposes of the Regional 
Water System. 
(d) CONDITIONS FOR CONSTRUCTION.— 
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(1) IN
GENERAL.—The Secretary shall not 
begin construction of the Regional Water System fa-
cilities until the date on which— 
(A) the Secretary executes— 
(i) the Settlement Agreement; and 
(ii) the Cost-Sharing and System In-
tegration Agreement; and 
(B) the State and the County have entered 
into an agreement with the Secretary to con-
tribute the non-Federal share of the costs of the 
construction in accordance with the Cost-Shar-
ing and System Integration Agreement. 
(2) MODIFICATIONS TO REGIONAL WATER SYS-
TEM.— 
(A) IN
GENERAL.—The State and the 
County, in agreement with the Pueblos, the 
City, and other signatories to the Cost-Sharing 
and System Integration Agreement, may modify 
the extent, size, and capacity of the County 
Distribution System as set forth in the Cost- 
Sharing and System Integration Agreement. 
(B) EFFECT.—A modification under sub-
paragraph (A)— 
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(i) shall not affect implementation of 
the Settlement Agreement so long as the 
provisions in section 203 are satisfied; and 
(ii) may result in an adjustment of 
the State and County cost-share allocation 
as set forth in the Cost-Sharing and Sys-
tem Integration Agreement. 
(e) APPLICABLE LAW.—The Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450 et seq.) 
shall not apply to the design and construction of the Re-
gional Water System. 
(f) CONSTRUCTION COSTS.— 
(1) PUEBLO WATER FACILITIES.—The costs of 
constructing the Pueblo Water Facilities, as deter-
mined by the final project design and the Engineer-
ing Report— 
(A) shall be at full Federal expense subject 
to the amount authorized in section 107(a)(1); 
and 
(B) shall be nonreimbursable to the United 
States. 
(2) COUNTY DISTRIBUTION SYSTEM.—The costs 
of constructing the County Distribution System shall 
be at State and local expense. 
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(g) STATE AND LOCAL CAPITAL OBLIGATIONS.—The 
State and local capital obligations for the Regional Water 
System described in the Cost-Sharing and System Integra-
tion Agreement shall be satisfied on the payment of the 
State and local capital obligations described in the Cost- 
Sharing and System Integration Agreement. 
(h) CONVEYANCE OF REGIONAL WATER SYSTEM FA-
CILITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), on 
completion of the construction of the Regional Water 
System, the Secretary, in accordance with the Oper-
ating Agreement, shall convey to— 
(A) each Pueblo the portion of any Pueblo 
Water Facility that is located within the bound-
aries of the Pueblo, including any land or inter-
est in land located within the boundaries of the 
Pueblo that is acquired by the United States 
for the construction of the Pueblo Water Facil-
ity; 
(B) the County the County Distribution 
System, including any land or interest in land 
acquired by the United States for the construc-
tion of the County Distribution System; and 
(C) the Authority any portions of the Re-
gional Water System that remain after making 
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the conveyances under subparagraphs (A) and 
(B), including any land or interest in land ac-
quired by the United States for the construc-
tion of the portions of the Regional Water Sys-
tem. 
(2) CONDITIONS FOR CONVEYANCE.—The Sec-
retary shall not convey any portion of the Regional 
Water System facilities under paragraph (1) until 
the date on which— 
(A) construction of the Regional Water 
System is complete; and 
(B) the Operating Agreement is executed 
in accordance with section 102. 
(3) SUBSEQUENT
CONVEYANCE.—On convey-
ance by the Secretary under paragraph (1), the 
Pueblos, the County, and the Authority shall not re-
convey any portion of the Regional Water System 
conveyed to the Pueblos, the County, and the Au-
thority, respectively, unless the reconveyance is au-
thorized by an Act of Congress enacted after the 
date of enactment of this Act. 
(4) INTEREST OF THE UNITED STATES.—On 
conveyance of a portion of the Regional Water Sys-
tem under paragraph (1), the United States shall 
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have no further right, title, or interest in and to the 
portion of the Regional Water System conveyed. 
(5) ADDITIONAL CONSTRUCTION.—On convey-
ance of a portion of the Regional Water System 
under paragraph (1), the Pueblos, County, or the 
Authority, as applicable, may, at the expense of the 
Pueblos, County, or the Authority, construct any ad-
ditional infrastructure that is necessary to fully use 
the water delivered by the Regional Water System. 
(6) LIABILITY.— 
(A) IN GENERAL.—Effective on the date of 
conveyance of any land or facility under this 
section, 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 and facilities conveyed, other 
than damages caused by acts of negligence by 
the United States, or by employees or agents of 
the United States, prior to the date of convey-
ance. 
(B) TORT CLAIMS.—Nothing in this sec-
tion 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’’). 
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(7) EFFECT.—Nothing in any transfer of own-
ership provided or any conveyance thereto as pro-
vided in this section shall extinguish the right of any 
Pueblo, the County, or the Regional Water Author-
ity to the continuous use and benefit of each ease-
ment or right of way for the use, operation, mainte-
nance, repair, and replacement of Pueblo Water Fa-
cilities, the County Distribution System or the Re-
gional Water System or for wastewater purposes as 
provided in the Cost-Sharing and System Integra-
tion Agreement. 
SEC. 102. OPERATING AGREEMENT. 
(a) IN GENERAL.—The Pueblos and the County shall 
submit to the Secretary an executed Operating Agreement 
for the Regional Water System that is consistent with this 
Act, the Settlement Agreement, and the Cost-Sharing and 
System Integration Agreement not later than 180 days 
after the later of— 
(1) the date of completion of environmental 
compliance and permitting; or 
(2) the date of issuance of a final project design 
for the Regional Water System under section 
101(b). 
(b) APPROVAL.—Not later than 180 days after re-
ceipt of the operating agreement described in subsection 
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(a), the Secretary shall approve the Operating Agreement 
upon determination that the Operating Agreement is con-
sistent with this Act, the Settlement Agreement, and the 
Cost-Sharing and System Integration Agreement. 
(c) CONTENTS.—The Operating Agreement shall in-
clude— 
(1) provisions consistent with the Settlement 
Agreement and the Cost-Sharing and System Inte-
gration Agreement and necessary to implement the 
intended benefits of the Regional Water System de-
scribed in those documents; 
(2) provisions for— 
(A) the distribution of water conveyed 
through the Regional Water System, including 
a delineation of— 
(i) distribution lines for the County 
Distribution System; 
(ii) distribution lines for the Pueblo 
Water Facilities; and 
(iii) distribution lines that serve 
both— 
(I) the County Distribution Sys-
tem; and 
(II) the Pueblo Water Facilities; 
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(B) the allocation of the Regional Water 
System capacity; 
(C) the terms of use of unused water ca-
pacity in the Regional Water System; 
(D) the construction of additional infra-
structure and the acquisition of associated 
rights-of-way or easements necessary to enable 
any of the Pueblos or the County to fully use 
water allocated to the Pueblos or the County 
from the Regional Water System, including pro-
visions addressing when the construction of 
such additional infrastructure requires approval 
by the Authority; 
(E) the allocation and payment of annual 
operation, maintenance, and replacement costs 
for the Regional Water System, including the 
portions of the Regional Water System that are 
used to treat, transmit, and distribute water to 
both the Pueblo Water Facilities and the Coun-
ty Water Utility; 
(F) the operation of wellfields located on 
Pueblo land; 
(G) the transfer of any water rights nec-
essary to provide the Pueblo water supply de-
scribed in section 103(a); 
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(H) the operation of the Regional Water 
System with respect to the water supply, includ-
ing the allocation of the water supply in accord-
ance with section 3.1.8.4.2 of the Settlement 
Agreement so that, in the event of a shortage 
of supply to the Regional Water System, the 
supply to each of the Pueblos’ and to the Coun-
ty’s distribution system shall be reduced on a 
prorata basis, in proportion to each distribution 
system’s most current annual use; and 
(I) dispute resolution; and 
(3) provisions for operating and maintaining 
the Regional Water System facilities before and 
after conveyance under section 101(h), including 
provisions to— 
(A) ensure that— 
(i) the operation of, and the diversion 
and conveyance of water by, the Regional 
Water System is in accordance with the 
Settlement Agreement; 
(ii) the wells in the Regional Water 
System are used in conjunction with the 
surface water supply of the Regional 
Water System to ensure a reliable firm 
supply of water to all users of the Regional 
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Water System, consistent with the intent 
of the Settlement Agreement that surface 
supplies will be used to the maximum ex-
tent feasible; 
(iii) the respective obligations regard-
ing delivery, payment, operation, and man-
agement are enforceable; and 
(iv) the County has the right to serve 
any new water users located on non-Pueblo 
land in the Pojoaque Basin; and 
(B) allow for any aquifer storage and re-
covery projects that are approved by the Office 
of the New Mexico State Engineer. 
(d) EFFECT.—Nothing in this Act precludes the Op-
erating Agreement from authorizing phased or interim op-
erations if the Regional Water System is constructed in 
phases. 
SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR 
THE REGIONAL WATER SYSTEM. 
(a) IN GENERAL.—For the purpose of providing a 
reliable firm supply of water from the Regional Water Sys-
tem for the Pueblos in accordance with the Settlement 
Agreement, the Secretary, on behalf of the Pueblos, 
shall— 
(1) acquire water rights to— 
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(A) 302 acre-feet of Nambe reserved water 
described in section 2.6.2 of the Settlement 
Agreement pursuant to section 107(c)(1)(C); 
and 
(B) 1141 acre-feet from water acquired by 
the County for water rights commonly referred 
to as ‘‘Top of the World’’ rights in the Aamodt 
Case; 
(2) make available 1079 acre-feet to the Pueb-
los pursuant to a contract entered into among the 
Pueblos and the Secretary in accordance with sec-
tion 11 of the San Juan-Chama Project Act, under 
water rights held by the Secretary; and 
(3) by application to the State Engineer, obtain 
approval to divert the water acquired and made 
available under paragraphs (1) and (2) at the points 
of diversion for the Regional Water System, con-
sistent with the Settlement Agreement and the Cost- 
Sharing and System Integration Agreement. 
(b) FORFEITURE.—The nonuse of the water supply 
secured by the Secretary for the Pueblos under subsection 
(a) shall in no event result in forfeiture, abandonment, re-
linquishment, or other loss thereof. 
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(c) TRUST.—The Pueblo water supply secured under 
subsection (a) shall be held by the United States in trust 
for the Pueblos. 
(d) APPLICABLE LAW.—The water supply made 
available pursuant to subsection (a)(2) shall be subject to 
the San Juan-Chama Project Act, and no preference shall 
be provided to the Pueblos as a result of subsection (c) 
with regard to the delivery or distribution of San Juan- 
Chama Project water or the management or operation of 
the San Juan-Chama Project. 
(e) CONTRACT
FOR SAN JUAN-CHAMA PROJECT 
WATER SUPPLY.—With respect to the contract for the 
water supply required by subsection (a)(2), such San 
Juan-Chama Project contract shall be pursuant to the fol-
lowing terms: 
(1) WAIVERS.—Notwithstanding the provisions 
of the San Juan-Chama Project Act, or any other 
provision of law— 
(A) the Secretary shall waive the entirety 
of the Pueblos’ share of the construction costs 
for the San Juan-Chama Project, and pursuant 
to that waiver, the Pueblos’ share of all con-
struction costs for the San Juan-Chama 
Project, inclusive of both principal and interest, 
due from 1972 to the execution of the contract 
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required by subsection (a)(2), shall be nonreim-
bursable; 
(B) the Secretary’s waiver of each Pueblo’s 
share of the construction costs for the San 
Juan-Chama Project will not result in an in-
crease in the pro rata shares of other San 
Juan-Chama Project water contractors, but 
such costs shall be absorbed by the United 
States Treasury or otherwise appropriated to 
the Department of the Interior; and 
(C) the costs associated with any water 
made available from the San Juan-Chama 
Project which were determined nonreimbursable 
and nonreturnable pursuant to Public Law 88– 
293 (78 Stat. 171 March 26, 1964), shall re-
main nonreimbursable and nonreturnable. 
(2) TERMINATION.—The contract shall provide 
that it shall terminate only upon the following condi-
tions— 
(A) failure of the United States District 
Court for the District of New Mexico to enter 
a final decree for the Aamodt Case by Decem-
ber 15, 2012, or within the time period of any 
extension of that deadline granted by the court; 
or 
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(B) entry of an order by the United States 
District Court for the District of New Mexico 
voiding the final decree and Settlement Agree-
ment for the Aamodt Case pursuant to section 
10.3 of the Settlement Agreement. 
(f) LIMITATION.—The Secretary shall use the water 
supply secured under subsection (a) only for the purposes 
described in the Settlement Agreement. 
(g) FULFILLMENT OF WATER SUPPLY ACQUISITION 
OBLIGATIONS.—Compliance with subsections (a) through 
(f) shall satisfy any and all obligations of the Secretary 
to acquire or secure a water supply for the Pueblos pursu-
ant to the Settlement Agreement. 
(h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE-
MENT UNAFFECTED.—Notwithstanding the provisions of 
subsections (a) through (g), the Pueblos, the County or 
the Regional Water Authority may acquire any additional 
water rights to ensure all parties to the Settlement Agree-
ment receive the full allocation of water provided by the 
Settlement Agreement and nothing in this Act amends or 
modifies the quantities of water allocated to the Pueblos 
thereunder. 
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SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 
WATER SYSTEM CAPACITY AND WATER. 
(a) ALLOCATION OF REGIONAL WATER SYSTEM CA-
PACITY.— 
(1) IN GENERAL.—The Regional Water System 
shall have the capacity to divert from the Rio 
Grande a quantity of water sufficient to provide— 
(A) up to 4,000 acre-feet of consumptive 
use of water; and 
(B) the requisite peaking capacity de-
scribed in— 
(i) the Engineering Report; and 
(ii) the final project design. 
(2) ALLOCATION TO THE PUEBLOS AND COUN-
TY WATER UTILITY.—Of the capacity described in 
paragraph (1)— 
(A) there shall be allocated to the Pueb-
los— 
(i) sufficient capacity for the convey-
ance of 2,500 acre-feet consumptive use; 
and 
(ii) the requisite peaking capacity for 
the quantity of water described in clause 
(i); and 
(B) there shall be allocated to the County 
Water Utility— 
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(i) sufficient capacity for the convey-
ance of up to 1,500 acre-feet consumptive 
use; and 
(ii) the requisite peaking capacity for 
the quantity of water described in clause 
(i). 
(3) APPLICABLE
LAW.—Water shall be allo-
cated to the Pueblos and the County Water Utility 
under this subsection in accordance with— 
(A) this title; 
(B) the Settlement Agreement; and 
(C) the Operating Agreement. 
(b) DELIVERY
OF
REGIONAL
WATER
SYSTEM 
WATER.—The Authority shall deliver water from the Re-
gional Water System— 
(1) to the Pueblos water in a quantity sufficient 
to allow full consumptive use of up to 2,500 acre- 
feet per year of water rights by the Pueblos in ac-
cordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this title; and 
(2) to the County water in a quantity sufficient 
to allow full consumptive use of up to 1,500 acre- 
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