(2) 60 days after compliance, if required, with 
section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or any 
other requirement of Federal law, whichever is later, 
provided that no Secretarial approval shall be re-
quired for any water use lease with a term of less 
than 7 years. 
(f) NO FORFEITURE OR ABANDONMENT.—The non-
use by a lessee or subcontractor of the Pueblo of any right 
to which the Pueblo is entitled under the Partial Final 
Decree shall in no event result in a forfeiture, abandon-
ment, relinquishment, or other loss of all or any part of 
those rights. 
(g) NO PREEMPTION.— 
(1) IN GENERAL.—The approval authority of 
the Secretary provided under subsection (e) shall not 
amend, construe, supersede, or preempt any State or 
Federal law, interstate compact, or international 
treaty that pertains to the Colorado River, the Rio 
Grande, or any of their tributaries, including the ap-
propriation, use, development, storage, regulation, 
allocation, conservation, exportation, or quantity of 
those waters. 
(2) APPLICABLE LAW.—The provisions of sec-
tion 2116 of the Revised Statutes (25 U.S.C. 177)
shall not apply to any water made available under 
the Settlement Agreement. 
(h) NO PREJUDICE.—Nothing in this Act shall be 
construed to establish, address, prejudice, or prevent any 
party from litigating whether or to what extent any appli-
cable State law, Federal law, or interstate compact does 
or does not permit, govern, or apply to the use of the 
Pueblo’s water outside of New Mexico. 
SEC. 8. MUTUAL-BENEFIT PROJECTS. 
(a) IN GENERAL.—Upon the Enforcement Date, the 
Secretary, acting through the Commissioner of Reclama-
tion, shall provide financial assistance in the form of 
grants on a nonreimbursable basis to Eligible Non-Pueblo 
Entities to plan, permit, design, engineer, and construct 
the Mutual-Benefit Projects in accordance with the Settle-
ment Agreement— 
(1) to minimize adverse impacts on the Pueblo’s 
water resources by moving future non-Indian ground 
water pumping away from the Pueblo’s Buffalo Pas-
ture; and 
(2) to implement the resolution of a dispute 
over the allocation of certain surface water flows be-
tween the Pueblo and non-Indian irrigation water 
right owners in the community of Arroyo Seco 
Arriba.
(b) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the total cost of planning, designing, and con-
structing the Mutual-Benefit Projects authorized in 
subsection (a) shall be 75 percent and shall be non-
reimbursable. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the total cost of planning, designing, and 
constructing the Mutual-Benefit Projects shall be 25 
percent and may be in the form of in-kind contribu-
tions, including the contribution of any valuable 
asset or service that the Secretary determines would 
substantially contribute to completing the Mutual- 
Benefit Projects. 
SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS. 
(a) IN GENERAL.—Contracts issued under this sec-
tion shall be in accordance with this Act and the Settle-
ment Agreement. 
(b) CONTRACTS
FOR SAN JUAN-CHAMA PROJECT 
WATER.— 
(1) IN
GENERAL.—The Secretary shall enter 
into 3 repayment contracts by not later than 180 
days after the date of enactment of this Act, for the 
delivery of San Juan-Chama Project water in the 
following amounts:
(A) 2,215 acre-feet/annum to the Pueblo. 
(B) 366 acre-feet/annum to the Town of 
Taos. 
(C) 40 acre-feet/annum to EPWSD. 
(2) REQUIREMENTS.—Each such contract shall 
provide that if the conditions precedent set forth in 
section 10(f)(2) have not been fulfilled by December 
31, 2016, the contract shall expire on that date. 
(3) APPLICABLE LAW.—Public Law 87–483 (76 
Stat. 97) applies to the contracts entered into under 
paragraph (1) and no preference shall be applied as 
a result of section 4(a) with regard to the delivery 
or distribution of San Juan-Chama Project water or 
the management or operation of the San Juan- 
Chama Project. 
(c) WAIVER.—With respect to the contract author-
ized and required by subsection (b)(1)(A) and notwith-
standing the provisions of Public Law 87–483 (76 Stat. 
96) or any other provision of law— 
(1) the Secretary shall waive the entirety of the 
Pueblo’s share of the construction costs, both prin-
cipal and the interest, for the San Juan-Chama 
Project and pursuant to that waiver, the Pueblo’s 
share of all construction costs for the San Juan-
Chama Project, inclusive of both principal and inter-
est shall be nonreimbursable; and 
(2) the Secretary’s waiver of the Pueblo’s share 
of the construction costs for the San Juan-Chama 
Project will not result in an increase in the pro rata 
shares of other San Juan-Chama Project water con-
tractors, but such costs shall be absorbed by the 
United States Treasury or otherwise appropriated to 
the Department of the Interior. 
SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA-
TIONS, AND CONDITIONS PRECEDENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except to the extent that 
any provision of the Settlement Agreement conflicts 
with any provision of this Act, the Settlement Agree-
ment is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—To the extent amendments 
are executed to make the Settlement Agreement con-
sistent with this Act, such amendments are also au-
thorized, ratified, and confirmed. 
(b) EXECUTION OF SETTLEMENT AGREEMENT.—To 
the extent that the Settlement Agreement does not conflict 
with this Act, the Secretary shall execute the Settlement 
Agreement, including all exhibits to the Settlement Agree-
ment requiring the signature of the Secretary and any
amendments necessary to make the Settlement Agreement 
consistent with this Act, after the Pueblo has executed the 
Settlement Agreement and any such amendments. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) TAOS PUEBLO INFRASTRUCTURE AND WA-
TERSHED FUND.—There is authorized to be appro-
priated to the Secretary to provide grants pursuant 
to section 5, $30,000,000, as adjusted under para-
graph (4), for the period of fiscal years 2010 
through 2016. 
(2) TAOS
PUEBLO
WATER
DEVELOPMENT 
FUND.—There is authorized to be appropriated to 
the Taos Pueblo Water Development Fund, estab-
lished at section 6(a), $58,000,000, as adjusted 
under paragraph (4), for the period of fiscal years 
2010 through 2016. 
(3) MUTUAL-BENEFIT
PROJECTS
FUNDING.— 
There is further authorized to be appropriated to the 
Secretary to provide grants pursuant to section 8, a 
total of $33,000,000, as adjusted under paragraph 
(4), for the period of fiscal years 2010 through 
2016. 
(4) ADJUSTMENTS
TO
AMOUNTS
AUTHOR-
IZED.—The amounts authorized to be appropriated 
under paragraphs (1) through (3) shall be adjusted
by such amounts as may be required by reason of 
changes since April 1, 2007, in construction costs, 
as indicated by engineering cost indices applicable to 
the types of construction or rehabilitation involved. 
(5) DEPOSIT IN FUND.—Except for the funds 
to be provided to the Pueblo pursuant to section 
5(d), the Secretary shall deposit the funds made 
available pursuant to paragraphs (1) and (3) into a 
Taos Settlement Fund to be established within the 
Treasury of the United States so that such funds 
may be made available to the Pueblo and the Eligi-
ble Non-Pueblo Entities upon the Enforcement Date 
as set forth in sections 5(b) and 8(a). 
(d) AUTHORITY OF THE SECRETARY.—The Secretary 
is authorized to enter into such agreements and to take 
such measures as the Secretary may deem necessary or 
appropriate to fulfill the intent of the Settlement Agree-
ment and this Act. 
(e) ENVIRONMENTAL COMPLIANCE.— 
(1) EFFECT OF EXECUTION OF SETTLEMENT 
AGREEMENT.—The Secretary’s execution of the Set-
tlement Agreement shall not constitute a major Fed-
eral action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
(2) 
COMPLIANCE
WITH
ENVIRONMENTAL 
LAWS.—In carrying out this Act, the Secretary shall 
comply with each law of the Federal Government re-
lating to the protection of the environment, includ-
ing— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(f) CONDITIONS
PRECEDENT
AND
SECRETARIAL 
FINDING.— 
(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register a 
statement of finding that the conditions have been 
fulfilled. 
(2) CONDITIONS.—The conditions precedent re-
ferred to in paragraph (1) are the following: 
(A) The President has signed into law the 
Taos Pueblo Indian Water Rights Settlement 
Act. 
(B) To the extent that the Settlement 
Agreement conflicts with this Act, the Settle-
ment Agreement has been revised to conform 
with this Act.
(C) The Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 11, has been executed by the Parties and 
the Secretary prior to the Parties’ motion for 
entry of the Partial Final Decree. 
(D) Congress has fully appropriated or the 
Secretary has provided from other authorized 
sources all funds authorized by paragraphs (1) 
through (3) of subsection (c) so that the entire 
amounts so authorized have been previously 
provided to the Pueblo pursuant to sections 5 
and 6, or placed in the Taos Pueblo Water De-
velopment Fund or the Taos Settlement Fund 
as directed in subsection (c). 
(E) The Legislature of the State of New 
Mexico has fully appropriated the funds for the 
State contributions as specified in the Settle-
ment Agreement, and those funds have been de-
posited in appropriate accounts. 
(F) The State of New Mexico has enacted 
legislation that amends NMSA 1978, section 
72–6–3 to state that a water use due under a 
water right secured to the Pueblo under the 
Settlement Agreement or the Partial Final De-
cree may be leased for a term, including all re-
newals, not to exceed 99 years, provided that 
this condition shall not be construed to require 
that said amendment state that any State law 
based water rights acquired by the Pueblo or by 
the United States on behalf of the Pueblo may 
be leased for said term. 
(G) A Partial Final Decree that sets forth 
the water rights and contract rights to water to 
which the Pueblo is entitled under the Settle-
ment Agreement and this Act and that substan-
tially conforms to the Settlement Agreement 
and Attachment 5 thereto has been approved by 
the Court and has become final and nonappeal-
able. 
(g) ENFORCEMENT DATE.—The Settlement Agree-
ment shall become enforceable, and the waivers and re-
leases executed pursuant to section 11 and the limited 
waiver of sovereign immunity set forth in section 12(a) 
shall become effective, as of the date that the Secretary 
publishes the notice required by subsection (f)(1). 
(h) EXPIRATION DATE.— 
(1) IN
GENERAL.—If all of the conditions 
precedent described in section (f)(2) have not been 
fulfilled by December 31, 2016, the Settlement 
Agreement shall be null and void, the waivers and
releases executed pursuant to section 11 and the 
sovereign immunity waivers in section 12(a) shall 
not become effective, and any unexpended Federal 
funds, together with any income earned thereon, and 
title to any property acquired or constructed with 
expended Federal funds, shall be returned to the 
Federal Government, unless otherwise agreed to by 
the Parties in writing and approved by Congress. 
(2) EXCEPTION.—Notwithstanding subsection 
(h)(1) or any other provision of law, any unexpended 
Federal funds, together with any income earned 
thereon, made available under sections 5(d) and 6(f) 
and title to any property acquired or constructed 
with expended Federal funds made available under 
sections 5(d) and 6(f) shall be retained by the Pueb-
lo. 
(3) RIGHT TO SET-OFF.—In the event the con-
ditions precedent set forth in subsection (f)(2) have 
not been fulfilled by December 31, 2016, the United 
States shall be entitled to set off any funds expended 
or withdrawn from the amount appropriated pursu-
ant to paragraphs (1) and (2) of subsection (c) or 
made available from other authorized sources, to-
gether with any interest accrued, against any claims
asserted by the Pueblo against the United States re-
lating to water rights in the Taos Valley. 
SEC. 11. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE PUEBLO
AND
THE UNITED 
STATES.—In return for recognition of the Pueblo’s water 
rights and other benefits, including but not limited to the 
commitments by non-Pueblo parties, as set forth in the 
Settlement Agreement and this Act, the Pueblo, on behalf 
of itself and its members, and the United States acting 
in its capacity as trustee for the Pueblo are authorized 
to execute a waiver and release of claims against the par-
ties to New Mexico v. Abeyta and New Mexico v. Arellano, 
Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
D.N.M.) (consolidated) from— 
(1) all claims for water rights in the Taos Val-
ley that the Pueblo, or the United States acting in 
its capacity as trustee for the Pueblo, asserted, or 
could have asserted, in any proceeding, including but 
not limited to in New Mexico v. Abeyta and New 
Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 
D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli-
dated), up to and including the Enforcement Date, 
except to the extent that such rights are recognized 
in the Settlement Agreement or this Act;
(2) all claims for water rights, whether for con-
sumptive or nonconsumptive use, in the Rio Grande 
mainstream or its tributaries that the Pueblo, or the 
United States acting in its capacity as trustee for 
the Pueblo, asserted or could assert in any water 
rights adjudication proceedings except those claims 
based on Pueblo or United States ownership of lands 
or water rights acquired after the Enforcement 
Date, provided that nothing in this paragraph shall 
prevent the Pueblo or the United States from fully 
participating in the inter se phase of any such water 
rights adjudication proceedings; 
(3) all claims for damages, losses or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including but not limited to 
claims for injury to lands resulting from such dam-
ages, losses, injuries, interference with, diversion, or 
taking) in the Rio Grande mainstream or its tribu-
taries or for lands within the Taos Valley that ac-
crued at any time up to and including the Enforce-
ment Date; and 
(4) all claims against the State of New Mexico, 
its agencies, or employees relating to the negotiation 
or the adoption of the Settlement Agreement.
(b) CLAIMS BY THE PUEBLO AGAINST THE UNITED 
STATES.—The Pueblo, on behalf of itself and its members, 
is authorized to execute a waiver and release of— 
(1) all claims against the United States, its 
agencies, or employees relating to claims for water 
rights in or water of the Taos Valley that the United 
States acting in its capacity as trustee for the Pueb-
lo asserted, or could have asserted, in any pro-
ceeding, including but not limited to in New Mexico 
v. Abeyta and New Mexico v. Arellano, Civil Nos. 
7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
D.N.M.) (consolidated); 
(2) all claims against the United States, its 
agencies, or employees relating to damages, losses, 
or injuries to water, water rights, land, or natural 
resources due to loss of water or water rights (in-
cluding but not limited to damages, losses or injuries 
to hunting, fishing, gathering, or cultural rights due 
to loss of water or water rights, claims relating to 
interference with, diversion or taking of water or 
water rights, or claims relating to failure to protect, 
acquire, replace, or develop water, water rights or 
water infrastructure) in the Rio Grande mainstream 
or its tributaries or within the Taos Valley that first
accrued at any time up to and including the En-
forcement Date; 
(3) all claims against the United States, its 
agencies, or employees for an accounting of funds 
appropriated by the Act of March 4, 1929 (45 Stat. 
1562), the Act of March 4, 1931 (46 Stat. 1552), 
the Act of June 22, 1936 (49 Stat. 1757), the Act 
of August 9, 1937 (50 Stat. 564), and the Act of 
May 9, 1938 (52 Stat. 291), as authorized by the 
Pueblo Lands Act of June 7, 1924 (43 Stat. 636), 
and the Pueblo Lands Act of May 31, 1933 (48 
Stat. 108), and for breach of trust relating to funds 
for water replacement appropriated by said Acts 
that first accrued before the date of enactment of 
this Act; 
(4) all claims against the United States, its 
agencies, or employees relating to the pending litiga-
tion of claims relating to the Pueblo’s water rights 
in New Mexico v. Abeyta and New Mexico v. 
Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and 
7939–BB (U.S. D.N.M.) (consolidated); and 
(5) all claims against the United States, its 
agencies, or employees relating to the negotiation, 
Execution or the adoption of the Settlement Agree-
ment, exhibits thereto, the Final Decree, or this Act.
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases au-
thorized in this Act, the Pueblo on behalf of itself and 
its members and the United States acting in its capacity 
as trustee for the Pueblo retain— 
(1) all claims for enforcement of the Settlement 
Agreement, the Final Decree, including the Partial 
Final Decree, the San Juan-Chama Project contract 
between the Pueblo and the United States, or this 
Act; 
(2) all claims against persons other than the 
Parties to the Settlement Agreement for damages, 
losses or injuries to water rights or claims of inter-
ference with, diversion or taking of water rights (in-
cluding but not limited to claims for injury to lands 
resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) 
within the Taos Valley arising out of activities oc-
curring outside the Taos Valley or the Taos Valley 
Stream System; 
(3) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) all rights to use and protect water rights ac-
quired pursuant to State law, to the extent not in-
consistent with the Partial Final Decree and the
Settlement Agreement (including water rights for 
the land the Pueblo owns in Questa, New Mexico); 
(5) all claims relating to activities affecting the 
quality of water including but not limited to any 
claims the Pueblo might have under the Comprehen-
sive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in-
cluding but not limited to claims for damages to nat-
ural resources), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), and the regu-
lations implementing those Acts; 
(6) all claims relating to damages, losses, or in-
juries to land or natural resources not due to loss 
of water or water rights (including but not limited 
to hunting, fishing, gathering, or cultural rights); 
and 
(7) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
leased pursuant to this Act and the Settlement 
Agreement. 
(d) EFFECT OF SECTION.—Nothing in the Settle-
ment Agreement or this Act— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including but not limited to any laws re-
lating to health, safety, or the environment, includ-
ing but not limited to the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Safe 
Drinking Water Act (42 U.S.C. 300f et seq.), the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.), and the regulations implementing such 
Acts; 
(2) affects the ability of the United States to 
take actions acting in its capacity as trustee for any 
other Indian tribe or allottee; 
(3) confers jurisdiction on any State court to— 
(A) interpret Federal law regarding health, 
safety, or the environment or determine the du-
ties of the United States or other parties pursu-
ant to such Federal law; or 
(B) conduct judicial review of Federal 
agency action; or 
(4) waives any claim of a member of the Pueblo 
in an individual capacity that does not derive from 
a right of the Pueblo. 
(e) TOLLING OF CLAIMS.—
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of 
this Act and ending on the earlier of— 
(A) December 31, 2016; or 
(B) the Enforcement Date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this subsection 
precludes the tolling of any period of limitations or 
any time-based equitable defense under any other 
applicable law. 
SEC. 12. INTERPRETATION AND ENFORCEMENT. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
Upon and after the Enforcement Date, if any Party to 
the Settlement Agreement brings an action in any court 
of competent jurisdiction over the subject matter relating 
only and directly to the interpretation or enforcement of 
the Settlement Agreement or this Act, and names the 
United States or the Pueblo as a party, then the United 
States, the Pueblo, or both may be added as a party to 
any such action, and any claim by the United States or
the Pueblo to sovereign immunity from the action is 
waived, but only for the limited and sole purpose of such 
interpretation or enforcement, and no waiver of sovereign 
immunity is made for any action against the United States 
or the Pueblo that seeks money damages. 
(b) SUBJECT
MATTER
JURISDICTION
NOT
AF-
FECTED.—Nothing in this Act shall be deemed as confer-
ring, restricting, enlarging, or determining the subject 
matter jurisdiction of any court, including the jurisdiction 
of the court that enters the Partial Final Decree adjudi-
cating the Pueblo’s water rights. 
(c) REGULATORY AUTHORITY NOT AFFECTED.— 
Nothing in this Act shall be deemed to determine or limit 
any authority of the State or the Pueblo to regulate or 
administer waters or water rights now or in the future. 
SEC. 13. DISCLAIMER. 
Nothing in the Settlement Agreement or this Act 
shall be construed in any way to quantify or otherwise ad-
versely affect the land and water rights, claims, or entitle-
ments to water of any other Indian tribe. 
Passed the House of Representatives January 21, 
2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 3254 
AN ACT 
To approve the Taos Pueblo Indian Water Rights 
Settlement Agreement, and for other purposes.