IB 
Union Calendar No. 227 
111TH CONGRESS 
2D SESSION 
H. R. 3342 
[Report No. 111–390] 
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 
JANUARY 12, 2010 
Additional sponsor: Mr. HEINRICH 
JANUARY 12, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 24, 2009] 
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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. 
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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: 
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 Mexico, 
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.). 
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(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 and 
treatment facilities, certain transmission pipelines, 
and other facilities of the Regional Water System. 
(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 ex-
ecuted by the United States, the State, the Pueblos, 
the County, and the City that— 
(A) describes the location, capacity, and 
management (including the distribution of water 
to customers) of the Regional Water System; and 
(B) allocates the costs of the Regional Water 
System with respect to— 
(i) the construction, operation, mainte-
nance, and repair of the Regional Water 
System; 
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(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. 
(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 organized by 
the County to— 
(A) receive water distributed by the Author-
ity; 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 Report’’ dated 
September 2008 and any amendments thereto, includ-
ing any modifications which may be required by sec-
tion 101(d)(2). 
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(10) FUND.—The term ‘‘Fund’’ means the 
Aamodt Settlement Pueblos’ Fund established by sec-
tion 105(a). 
(11) OPERATING AGREEMENT.—The term ‘‘Oper-
ating Agreement’’ means the agreement between the 
Pueblos and the County executed under section 
102(a). 
(12) OPERATIONS, MAINTENANCE, AND REPLACE-
MENT COSTS.— 
(A) IN
GENERAL.—The term ‘‘operations, 
maintenance, and replacement costs’’ means all 
costs for the operation of the Regional Water 
System that are necessary for the safe, efficient, 
and continued functioning of the Regional Water 
System to produce the benefits described in the 
Settlement Agreement. 
(B) EXCLUSION.—The term ‘‘operations, 
maintenance, and replacement costs’’ does not 
include construction costs or costs related to con-
struction design and planning. 
(13) POJOAQUE BASIN.— 
(A) IN
GENERAL.—The term ‘‘Pojoaque 
Basin’’ means the geographic area limited by a 
surface water divide (which can be drawn on a 
topographic map), within which area rainfall 
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and runoff flow into arroyos, drainages, and 
named tributaries that eventually drain to— 
(i) the Rio Pojoaque; or 
(ii) the 2 unnamed arroyos imme-
diately south; and 
(iii) 2 arroyos (including the Arroyo 
Alamo) that are north of the confluence of 
the Rio Pojoaque and the Rio Grande. 
(B) 
INCLUSION.—The 
term 
‘‘Pojoaque 
Basin’’ includes the San Ildefonso Eastern Res-
ervation recognized by section 8 of Public Law 
87–231 (75 Stat. 505). 
(14) PUEBLO.—The term ‘‘Pueblo’’ means each 
of the pueblos of Nambe, Pojoaque, San Ildefonso, or 
Tesuque. 
(15) PUEBLOS.—The term ‘‘Pueblos’’ means col-
lectively the Pueblos of Nambe, Pojoaque, San 
Ildefonso, and Tesuque. 
(16) PUEBLO LAND.—The term ‘‘Pueblo land’’ 
means any real property that is— 
(A) held by the United States in trust for 
a Pueblo within the Pojoaque Basin; 
(B)(i) owned by a Pueblo within the 
Pojoaque Basin before the date on which a court 
approves the Settlement Agreement; or 
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(ii) acquired by a Pueblo on or after the 
date on which a court approves the Settlement 
Agreement, if the real property is located— 
(I) within the exterior boundaries of 
the Pueblo, as recognized and conformed by 
a patent issued under the Act of December 
22, 1858 (11 Stat. 374, chapter V); or 
(II) within the exterior boundaries of 
any territory set aside for the Pueblo by 
law, executive order, or court decree; 
(C) owned by a Pueblo or held by the 
United States in trust for the benefit of a Pueblo 
outside the Pojoaque Basin that is located within 
the exterior boundaries of the Pueblo as recog-
nized and confirmed by a patent issued under 
the Act of December 22, 1858 (11 Stat. 374, 
chapter V); or 
(D) within the exterior boundaries of any 
real property located outside the Pojoaque Basin 
set aside for a Pueblo by law, executive order, or 
court decree, if the land is within or contiguous 
to land held by the United States in trust for the 
Pueblo as of January 1, 2005. 
(17) PUEBLO WATER FACILITY.— 
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(A) IN GENERAL.—The term ‘‘Pueblo Water 
Facility’’ means— 
(i) a portion of the Regional Water 
System that serves only water customers on 
Pueblo land; and 
(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 successors, 
that are— 
(I) depicted in the final project 
design, as modified by the drawings re-
flecting 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.— 
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(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 
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 ‘‘Set-
tlement 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 government parties to 
the Settlement Agreement (other than the United 
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States) on May 3, 2006, and as amended in con-
formity with this Act. 
(23) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
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 Pueblos 
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, un-
less modified in accordance with subsection 
(d)(2). 
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(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— 
(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 necessary for construction 
at no cost to the Secretary. The Secretary shall ac-
quire any other land or interest in land that is nec-
essary for the construction of the Regional Water Sys-
tem. 
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(B) EFFECT.—A modification under sub-
paragraph (A)— 
(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 System 
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.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the expenditures of the Sec-
retary to construct the Pueblo Water Facilities 
under this section shall not exceed $106,400,000. 
(B) EXCEPTION.—The amount described in 
subparagraph (A) shall be increased or de-
creased, as appropriate, based on ordinary fluc-
tuations in construction costs since October 1, 
2006, as determined using applicable engineer-
ing cost indices. 
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(2) COSTS TO PUEBLO.—The costs incurred by 
the Secretary in carrying out activities to construct 
the Pueblo Water Facilities under this section shall 
not be reimbursable to the United States. 
(3) COUNTY DISTRIBUTION SYSTEM.—The costs 
of constructing the County Distribution System shall 
be at State and local expense. 
(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 Facility; 
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(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 
the conveyances under subparagraphs (A) and 
(B), including any land or interest in land ac-
quired by the United States for the construction 
of the portions of the Regional Water System. 
(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 Sys-
tem is complete; and 
(B) the Operating Agreement is executed in 
accordance with section 102. 
(3) SUBSEQUENT CONVEYANCE.—On conveyance 
by the Secretary under paragraph (1), the Pueblos, 
the County, and the Authority shall not reconvey any 
portion of the Regional Water System conveyed to the 
Pueblos, the County, and the Authority, respectively, 
unless the reconveyance is authorized by an Act of 
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Congress enacted after the date of enactment of this 
Act. 
(4) INTEREST OF THE UNITED STATES.—On con-
veyance of a portion of the Regional Water System 
under paragraph (1), the United States shall 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 additional 
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 liable 
by any court for damages of any kind arising 
out of any act, omission, or occurrence relating 
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 conveyance. 
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(B) TORT CLAIMS.—Nothing in this section 
increases the liability of the United States be-
yond the liability provided in chapter 171 of 
title 28, United States Code (commonly known 
as the ‘‘Federal Tort Claims Act’’). 
(7) EFFECT.—Nothing in any transfer of owner-
ship provided or any conveyance thereto as provided 
in this section shall extinguish the right of any Pueb-
lo, the County, or the Regional Water Authority to the 
continuous use and benefit of each easement or right 
of way for the use, operation, maintenance, repair, 
and replacement of Pueblo Water Facilities, the Coun-
ty Distribution System or the Regional Water System 
or for wastewater purposes as provided in the Cost- 
Sharing and System Integration 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 com-
pliance and permitting; or 
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(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 receipt 
of the operating agreement described in subsection (a), the 
Secretary shall approve the Operating Agreement upon de-
termination that the Operating Agreement is consistent 
with this Act, the Settlement Agreement, and the Cost-Shar-
ing 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 Integra-
tion Agreement and necessary to implement the in-
tended 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— 
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