II 
Calendar No. 265 
111TH CONGRESS 
2D SESSION 
H. R. 3342 
IN THE SENATE OF THE UNITED STATES 
JANUARY 22, 2010 
Received 
FEBRUARY 1, 2010 
Read twice and placed on the calendar 
AN ACT 
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: 
Sec. 1. Short title; table of contents. 
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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 Amer-
ica, 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 
and treatment facilities, certain transmission pipe-
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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). 
(12) OPERATIONS, MAINTENANCE, AND
RE-
PLACEMENT COSTS.— 
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(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, effi-
cient, 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 
construction 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 
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. 
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(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 
collectively 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 
(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 De-
cember 22, 1858 (11 Stat. 374, chapter 
V); or 
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(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 lo-
cated within the exterior boundaries of the 
Pueblo as recognized 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.— 
(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 
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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 
Pueblo water supply delivered through the Re-
gional Water System. 
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(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.— 
(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 
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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 
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 
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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 
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 
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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’’). 
(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— 
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(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 
(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; 
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(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; 
(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 
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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); 
(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 
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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 
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. 
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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— 
(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) enter into a contract with the Pueblos for 
1,079 acre-feet in accordance with section 11 of the 
San Juan-Chama Project Act; and 
(3) by application to the State Engineer, seek 
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. 
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(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. 
(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 
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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 
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 No. 
88–293, 78 Stat. 171 (March 26, 1964), shall 
remain 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 
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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 
(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 
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modifies the quantities of water allocated to the Pueblos 
thereunder. 
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 
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(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— 
(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; 
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(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- 
feet per year of water rights by the County Water 
Utility in accordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this title. 
(c) ADDITIONAL USE
OF ALLOCATION QUANTITY 
AND UNUSED CAPACITY.—The Regional Water System 
may be used to— 
(1) provide for use of return flow credits to 
allow for full consumptive use of the water allocated 
in the Settlement Agreement to each of the Pueblos 
and to the County; and 
(2) convey water allocated to one of the Pueblos 
or the County Water Utility for the benefit of an-
other Pueblo or the County Water Utility or allow 
use of unused capacity by each other through the 
Regional Water System in accordance with an inter-
governmental agreement between the Pueblos, or be-
tween a Pueblo and County Water Utility, as appli-
cable, if— 
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(A) such intergovernmental agreements are 
consistent with the Operating Agreement, the 
Settlement Agreement, and this Act; 
(B) capacity is available without reducing 
water delivery to any Pueblo or the County 
Water Utility in accordance with the Settlement 
Agreement, unless the County Water Utility or 
Pueblo contracts for a reduction in water deliv-
ery or Regional Water System capacity; 
(C) the Pueblo or County Water Utility 
contracting for use of the unused capacity or 
water has the right to use the water under ap-
plicable law; and 
(D) any agreement for the use of unused 
capacity or water provides for payment of the 
operation, maintenance, and replacement costs 
associated with the use of capacity or water. 
SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 
(a) ESTABLISHMENT OF THE AAMODT SETTLEMENT 
PUEBLOS’ FUND.—There is established in the Treasury 
of the United States a fund, to be known as the ‘‘Aamodt 
Settlement Pueblos’ Fund,’’ consisting of— 
(1) such amounts as are made available to the 
Fund under section 107(c) or other authorized 
sources; and 
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(2) any interest earned from investment of 
amounts in the Fund under subsection (b). 
(b) MANAGEMENT OF THE FUND.—The Secretary 
shall manage the Fund, invest amounts in the Fund, and 
make amounts available from the Fund for distribution 
to the Pueblos in accordance with— 
(1) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 
and 
(2) this Act. 
(c) INVESTMENT OF THE FUND.—On the date set 
forth in section 203(a)(1), the Secretary shall invest 
amounts in the Fund in accordance 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.). 
(d) TRIBAL MANAGEMENT PLAN.— 
(1) IN GENERAL.—A Pueblo may withdraw all 
or part of the Pueblo’s portion of the Fund on ap-
proval by the Secretary of a tribal management plan 
as described in the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 
et seq.). 
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(2) REQUIREMENTS.—In addition to the re-
quirements 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 a Pueblo spend any amounts withdrawn from 
the Fund in accordance with the purposes described 
in section 107(c). 
(3) 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 Fund under an 
approved tribal management plan are used in ac-
cordance with this title. 
(4) LIABILITY.—If a Pueblo or the Pueblos ex-
ercise the right to withdraw amounts from the 
Fund, neither the Secretary nor the Secretary of the 
Treasury shall retain any liability for the expendi-
ture or investment of the amounts withdrawn. 
(5) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblos shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portion of the amounts in the 
Fund that the Pueblos do not withdraw under 
this subsection. 
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(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, amounts remaining in the 
Fund will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this Act, the Settlement Agree-
ment, and the Cost-Sharing and System Inte-
gration Agreement. 
(D) ANNUAL REPORT.—The Pueblos shall 
submit to the Secretary an annual report that 
describes all expenditures from the Fund during 
the year covered by the report. 
(6) NO PER CAPITA PAYMENTS.—No part of 
the principal of the Fund, or the interest or income 
accruing on the principal shall be distributed to any 
member of a Pueblo on a per capita basis. 
(7) AVAILABILITY
OF
AMOUNTS
FROM
THE 
FUND.— 
(A) APPROVAL
OF
SETTLEMENT
AGREE-
MENT.—Amounts made available under sub-
paragraphs (A) and (C) of section 107(c)(1) or 
from other authorized sources shall be available 
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for expenditure or withdrawal only after the 
date on which the United States District Court 
for the District of New Mexico issues an order 
approving the Settlement Agreement. 
(B) COMPLETION OF CERTAIN PORTIONS 
OF REGIONAL WATER SYSTEM.—Amounts made 
available under section 107(c)(1)(B) or from 
other authorized sources shall be available for 
expenditure or withdrawal only after those por-
tions of the Regional Water System described 
in section 1.5.24 of the Settlement Agreement 
have been declared substantially complete by 
the Secretary. 
(C) FAILURE
TO
FULFILL
CONDITIONS 
PRECEDENT.—If the conditions precedent in 
section 203 have not been fulfilled by Sep-
tember 15, 2017, the United States shall be en-
titled to set off any funds expended or with-
drawn from the amounts appropriated pursuant 
to section 107(c), together with any interest ac-
crued, against any claims asserted by the Pueb-
los against the United States relating to the 
water rights in the Pojoaque Basin. 
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SEC. 106. ENVIRONMENTAL COMPLIANCE. 
(a) IN GENERAL.—In carrying out this title, the Sec-
retary shall comply with each law of the Federal Govern-
ment relating to the protection of the environment, includ-
ing— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(b) NATIONAL
ENVIRONMENTAL
POLICY
ACT.— 
Nothing in this Act affects the outcome of any analysis 
conducted by the Secretary or any other Federal official 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 
(a) REGIONAL WATER SYSTEM.— 
(1) IN GENERAL.—Subject to paragraph (4), 
there is authorized to be appropriated to the Sec-
retary for the planning, design, and construction of 
the Regional Water System and the conduct of envi-
ronmental compliance activities under section 106 an 
amount not to exceed $106,400,000, as adjusted 
under paragraph (3), for the period of fiscal years 
2010 through 2022, to remain available until ex-
pended. 
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(2) PRIORITY OF FUNDING.—Of the amounts 
authorized under paragraph (1), the Secretary shall 
give priority to funding— 
(A) the construction of the San Ildefonso 
portion of the Regional Water System, con-
sisting of— 
(i) the surface water diversion, treat-
ment, and transmission facilities at San 
Ildefonso Pueblo; and 
(ii) the San Ildefonso Pueblo portion 
of the Pueblo Water Facilities; and 
(B) that part of the Regional Water Sys-
tem providing 475 acre-feet to Pojoaque Pueblo 
pursuant to section 2.2 of the Settlement 
Agreement. 
(3) ADJUSTMENT.—The amount authorized 
under paragraph (1) shall be adjusted annually to 
account for increases in construction costs since Oc-
tober 1, 2006, as determined using applicable engi-
neering cost indices. 
(4) LIMITATIONS.— 
(A) IN GENERAL.—No amounts shall be 
made available under paragraph (1) for the 
construction of the Regional Water System 
until the date on which the United States Dis-
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trict Court for the District of New Mexico 
issues an order approving the Settlement Agree-
ment. 
(B) RECORD OF DECISION.—No amounts 
made available under paragraph (1) shall be ex-
pended unless the record of decision issued by 
the Secretary after completion of an environ-
mental impact statement provides for a pre-
ferred alternative that is in substantial compli-
ance with the proposed Regional Water System, 
as defined in the Engineering Report. 
(b) ACQUISITION OF WATER RIGHTS.—There is au-
thorized to be appropriated to the Secretary funds for the 
acquisition 
of 
the 
water 
rights 
under 
section 
103(a)(1)(B)— 
(1) in the amount of $5,400,000.00 if such ac-
quisition is completed by December 31, 2010; and 
(2) the amount authorized under paragraph 
(b)(1) shall be adjusted according to the CPI Urban 
Index commencing January 1, 2011. 
(c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Fund the following amounts for 
the period of fiscal years 2010 through 2022: 
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(A) $15,000,000, which shall be allocated 
to the Pueblos, in accordance with section 2.7.1 
of the Settlement Agreement, for the rehabilita-
tion, improvement, operation, maintenance, and 
replacement of the agricultural delivery facili-
ties, waste water systems, and other water-re-
lated infrastructure of the applicable Pueblo. 
The amount authorized herein shall be adjusted 
according to the CPI Urban Index commencing 
October 1, 2006. 
(B) $37,500,000, which shall be allocated 
to an account, to be established not later than 
January 1, 2016, to assist the Pueblos in pay-
ing the Pueblos’ share of the cost of operating, 
maintaining, and replacing the Pueblo Water 
Facilities and the Regional Water System. 
(C) $5,000,000 and any interest thereon, 
which shall be allocated to the Pueblo of Nambe 
for the acquisition of the Nambe reserved water 
rights in accordance with section 103(a)(1)(A). 
The amount authorized herein shall be adjusted 
according to the CPI Urban Index commencing 
January 1, 2011. The funds provided under 
this section may be used by the Pueblo of 
Nambe only for the acquisition of land, other 
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real property interests, or economic develop-
ment. 
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT COSTS.— 
(A) IN GENERAL.—Prior to conveyance of 
the Regional Water System pursuant to section 
101, the Secretary is authorized to and shall 
pay any operation, maintenance or replacement 
costs associated with the Pueblo Water Facili-
ties or the Regional Water System up to an 
amount that does not exceed $5,000,000, which 
is authorized to be appropriated to the Sec-
retary. 
(B) OBLIGATION
OF
FEDERAL
GOVERN-
MENT AFTER COMPLETION.—The amount au-
thorized under subparagraph (A) shall expire 
after the date on which construction of the Re-
gional Water System is completed and the 
amounts required to be deposited in the account 
have been deposited under this section by the 
Federal Government. 
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TITLE II—POJOAQUE BASIN IN-
DIAN WATER RIGHTS SETTLE-
MENT 
SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT AP-
PROVAL. 
(a) APPROVAL.—To the extent the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment do not conflict with this Act, the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment (including any amendments to the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment that are executed to make the Settlement Agreement 
or the Cost-Sharing and System Integration Agreement 
consistent with this Act) are authorized, ratified, and con-
firmed. 
(b) EXECUTION.—To the extent the Settlement 
Agreement and the Cost-Sharing and System Integration 
Agreement do not conflict with this Act, the Secretary 
shall execute the Settlement Agreement and the Cost- 
Sharing and System Integration Agreement (including 
any amendments that are necessary to make the Settle-
ment Agreement or the Cost-Sharing and System Integra-
tion Agreement consistent with this Act). 
(c) AUTHORITIES OF THE PUEBLOS.— 
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(1) IN GENERAL.—Each of the Pueblos may 
enter into contracts to lease or exchange water 
rights or to forbear undertaking new or expanded 
water uses for water rights recognized in section 2.1 
of the Settlement Agreement for use within the 
Pojoaque Basin in accordance with the other limita-
tions of section 2.1.5 of the Settlement Agreement 
provided that section 2.1.5 is amended accordingly. 
(2) EXECUTION.—The Secretary shall not exe-
cute the Settlement Agreement until such amend-
ment is accomplished under paragraph (1). 
(3) APPROVAL
BY
SECRETARY.—Consistent 
with the Settlement Agreement as amended under 
paragraph (1), the Secretary shall approve or dis-
approve a lease entered into under paragraph (1). 
(4) PROHIBITION
ON
PERMANENT
ALIEN-
ATION.—No lease or contract under paragraph (1) 
shall be for a term exceeding 99 years, nor shall any 
such lease or contract provide for permanent alien-
ation of any portion of the water rights made avail-
able to the Pueblos under the Settlement Agreement. 
(5) APPLICABLE LAW.—Section 2116 of the Re-
vised Statutes (25 U.S.C. 177) shall not apply to 
any lease or contract entered into under paragraph 
(1). 
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(6) LEASING OR MARKETING OF WATER SUP-
PLY.—The water supply provided on behalf of the 
Pueblos pursuant to section 103(a)(1) may only be 
leased or marketed by any of the Pueblos pursuant 
to the intergovernmental agreements described in 
section 104(c)(2). 
(d) AMENDMENTS TO CONTRACTS.—The Secretary 
shall amend the contracts relating to the Nambe Falls 
Dam and Reservoir that are necessary to use water sup-
plied from the Nambe Falls Dam and Reservoir in accord-
ance with the Settlement Agreement. 
SEC. 202. ENVIRONMENTAL COMPLIANCE. 
(a) EFFECT
OF
EXECUTION
OF
SETTLEMENT 
AGREEMENT.—The execution of the Settlement Agree-
ment under section 201(b) shall not constitute a major 
Federal action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 
carrying out this Act, the Secretary shall comply with each 
law of the Federal Government relating to the protection 
of the environment, including— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
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SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT 
DATE. 
(a) CONDITIONS PRECEDENT.— 
(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register by 
September 15, 2017, a statement of finding that the 
conditions have been fulfilled. 
(2) REQUIREMENTS.—The conditions precedent 
referred to in paragraph (1) are the conditions 
that— 
(A) to the extent that the Settlement 
Agreement conflicts with this title, the Settle-
ment Agreement has been revised to conform 
with this title; 
(B) the Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 204, has been executed by the appropriate 
parties and the Secretary; 
(C) Congress has fully appropriated, or the 
Secretary has provided from other authorized 
sources, all funds authorized by section 107, 
with the exception of subsection (a)(1) of that 
section, by December 15, 2016; 
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(D) the Secretary has acquired and en-
tered into appropriate contracts for the water 
rights described in section 103(a); 
(E) for purposes of section 103(a), permits 
have been issued by the New Mexico State En-
gineer to the Regional Water Authority to 
change the points of diversion to the mainstem 
of the Rio Grande for the diversion and con-
sumptive use of at least 2,381 acre-feet by the 
Pueblos as part of the water supply for the Re-
gional Water System, subject to the conditions 
that— 
(i) the permits shall be free of any 
condition that materially adversely affects 
the ability of the Pueblos or the Regional 
Water Authority to divert or use the Pueb-
lo water supply described in section 
103(a), including water rights acquired in 
addition to those described in section 
103(a), in accordance with section 103(g); 
and 
(ii) the Settlement Agreement shall 
establish the means to address any permit 
conditions to ensure the ability of the 
Pueblos to fully divert and consume at 
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least 2,381 acre-feet as part of the water 
supply for the Regional Water System, in-
cluding defining the conditions that will 
not constitute a material adverse affect; 
(F) the State has enacted any necessary 
legislation and provided any funding that may 
be required under the Settlement Agreement; 
(G) a partial final decree that sets forth 
the water rights and other rights to water to 
which the Pueblos are entitled under the Settle-
ment Agreement and this title and that sub-
stantially conforms to the Settlement Agree-
ment has been approved by the United States 
District Court for the District of New Mexico; 
and 
(H) a final decree that sets forth the water 
rights for all parties to the Aamodt Case and 
that substantially conforms to the Settlement 
Agreement has been approved by the United 
States District Court for the District of New 
Mexico by June 15, 2017. 
(b) EXPIRATION DATE.—If all the conditions prece-
dent described in subsection (a)(2) have not been fulfilled 
by September 15, 2017— 
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(1) the Settlement Agreement and this Act in-
cluding waivers described in those documents shall 
no longer be effective; and 
(2) any funds that have been appropriated 
under this Act but not expended shall immediately 
revert to the general fund of the United States 
Treasury. 
(c) ENFORCEMENT DATE.—The Settlement Agree-
ment shall become enforceable as of the date that the 
United States District Court for the District of New Mex-
ico enters a partial final decree pursuant to subsection 
(a)(2)(E) and an Interim Administrative Order consistent 
with the Settlement Agreement. 
(d) EFFECTIVENESS OF WAIVERS.—The waivers and 
releases executed pursuant to section 204 shall become ef-
fective as of the date that the Secretary publishes the no-
tice required by subsection (a)(1). 
(e) REQUIREMENTS FOR DETERMINATION OF SUB-
STANTIAL COMPLETION OF THE REGIONAL WATER SYS-
TEM.— 
(1) CRITERIA FOR SUBSTANTIAL COMPLETION 
OF REGIONAL WATER SYSTEM.—Subject to the pro-
visions in section 101(d) concerning the extent, size, 
and capacity of the County Distribution System, the 
Regional Water System shall be determined to be 
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substantially completed if the infrastructure has 
been constructed capable of— 
(A) diverting, treating, transmitting, and 
distributing a supply of 2,500 acre-feet of water 
to the Pueblos; and 
(B) diverting, treating, and transmitting 
the quantity of water specified in the Engineer-
ing Report to the County Distribution System. 
(2) CONSULTATION.—On or after June 30, 
2021, at the request of 1 or more of the Pueblos, 
the Secretary shall consult with the Pueblos and 
confer with the County and the State on whether the 
criteria in paragraph (1) for substantial completion 
of the Regional Water System have been met or will 
be met by June 30, 2024. 
(3) 
WRITTEN
DETERMINATION
BY
SEC-
RETARY.—Not earlier than June 30, 2021, at the 
request of 1 or more of the Pueblos and after the 
consultation required by paragraph (2), the Sec-
retary shall— 
(A) determine whether the Regional Water 
System has been substantially completed based 
on the criteria described in paragraph (1); and 
(B) submit a written notice of the deter-
mination under subparagraph (A) to— 
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(i) the Pueblos; 
(ii) the County; and 
(iii) the State. 
(4) RIGHT TO REVIEW.— 
(A) IN GENERAL.—A determination by the 
Secretary under paragraph (3)(A) shall be con-
sidered to be a final agency action subject to ju-
dicial review by the Decree Court under sec-
tions 701 through 706 of title 5, United States 
Code. 
(B) FAILURE
TO
MAKE
TIMELY
DETER-
MINATION.— 
(i) IN
GENERAL.—If a Pueblo re-
quests a written determination under para-
graph (3) and the Secretary fails to make 
such a written determination by the date 
described in clause (ii), there shall be a re-
buttable presumption that the failure con-
stitutes agency action unlawfully withheld 
or unreasonably delayed under section 706 
of title 5, United States Code. 
(ii) DATE.—The date referred to in 
clause (i) is the date that is the later of— 
(I) the date that is 180 days 
after the date of receipt by the Sec-
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retary of the request by the Pueblo; 
and 
(II) June 30, 2023. 
(C) EFFECT OF ACT.—Nothing in this Act 
gives any Pueblo or Settlement Party the right 
to judicial review of a determination of the Sec-
retary regarding whether the Regional Water 
System has been substantially completed except 
under subchapter II of chapter 5, and chapter 
7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(5) RIGHT TO VOID FINAL DECREE.— 
(A) IN
GENERAL.—Not later than June 
30, 2024, on a determination by the Secretary, 
after consultation with the Pueblos, that the 
Regional Water System is not substantially 
complete, 1 or more of the Pueblos, or the 
United States acting on behalf of a Pueblo, 
shall have the right to notify the Decree Court 
of the determination. 
(B) EFFECT.—The Final Decree shall 
have no force or effect on a finding by the De-
cree Court that a Pueblo, or the United States 
acting on behalf of a Pueblo, has submitted 
proper notification under subparagraph (A). 
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(f) VOIDING OF WAIVERS.—If the Final Decree is 
void under subsection (e)(5)— 
(1) the Settlement Agreement shall no longer 
be effective; 
(2) the waivers and releases executed pursuant 
to section 204 shall no longer be effective; and 
(3) any unexpended Federal funds, together 
with any interest earned on those funds, and title to 
any property acquired or constructed with expended 
Federal funds shall be returned to the Federal Gov-
ernment, unless otherwise agreed to by the Pueblos 
and the United States and approved by Congress. 
SEC. 204. WAIVERS AND RELEASES. 
(a) CLAIMS BY THE PUEBLOS AND THE UNITED 
STATES.—In return for recognition of the Pueblos’ water 
rights and other benefits, including waivers and releases 
by non-Pueblo parties, as set forth in the Settlement 
Agreement and this Act, the Pueblos, on behalf of them-
selves and their members, and the United States acting 
in its capacity as trustee for the Pueblos are authorized 
to execute a waiver and release of— 
(1) all claims for water rights in the Pojoaque 
Basin that the Pueblos, or the United States acting 
in its capacity as trustee for the Pueblos, asserted, 
or could have asserted, in any proceeding, including 
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the Aamodt Case, up to and including the waiver ef-
fectiveness date identified in section 203(d), except 
to the extent that such rights are recognized in the 
Settlement Agreement or this Act; 
(2) all claims for water rights for lands in the 
Pojoaque Basin and for rights to use water in the 
Pojoaque Basin that the Pueblos, or the United 
States acting in its capacity as trustee for the Pueb-
los, might be able to otherwise assert in any pro-
ceeding not initiated on or before the date of enact-
ment of this title, except to the extent that such 
rights are recognized in the Settlement Agreement 
or this Act; 
(3) all claims for damages, losses or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including claims for injury to 
land resulting from such damages, losses, injuries, 
interference with, diversion, or taking) for land with-
in the Pojoaque Basin that accrued at any time up 
to and including the waiver effectiveness date identi-
fied in section 203(d); 
(4) their defenses in the Aamodt Case to the 
claims previously asserted therein by other parties to 
the Settlement Agreement; 
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groundwater that has effects on the ground and sur-
face water supplies of the Pojoaque Basin. 
(b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED 
STATES.—The Pueblos, on behalf of themselves and their 
members, are 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 Pojoaque Basin or for 
rights to use water in the Pojoaque Basin that the 
United States acting in its capacity as trustee for 
the Pueblos asserted, or could have asserted, in any 
proceeding, including the Aamodt Case; 
(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 damages, losses or injuries to hunting, fish-
ing, 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 infrastruc-
ture) within the Pojoaque Basin that first accrued 
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at any time up to and including the waiver effective-
ness date identified in section 203(d); 
(3) all claims against the United States, its 
agencies, or employees for an accounting of funds 
appropriated by Acts, including the Act of December 
22, 1927 (45 Stat. 2), the Act of March 4, 1929 (45 
Stat. 1562), the Act of March 26, 1930 (46 Stat. 
90), the Act of February 14, 1931 (46 Stat. 1115), 
the Act of March 4, 1931 (46 Stat. 1552), the Act 
of July 1, 1932 (47 Stat. 525), 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 replace-
ment 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 Pueblos’ water rights 
in the Aamodt Case; and 
(5) all claims against the United States, its 
agencies, or employees relating to the negotiation, 
Execution or the adoption of the Settlement Agree-
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ment, exhibits thereto, the Partial Final Decree, 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 Pueblos on behalf of themselves 
and their members and the United States acting in its 
capacity as trustee for the Pueblos retain.— 
(1) all claims for enforcement of the Settlement 
Agreement, the Cost-Sharing and System Integra-
tion Agreement, the Final Decree, including the Par-
tial Final Decree, the San Juan-Chama Project con-
tract between the Pueblos and the United States or 
this Act; 
(2) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(3) all rights to use and protect water rights ac-
quired pursuant to state law to the extent not incon-
sistent with the Partial Final Decree, Final Decree, 
and the Settlement Agreement; 
(4) all claims against persons other than Par-
ties to the Settlement Agreement for damages, losses 
or injuries to water rights or claims of interference 
with, diversion or taking of water (including claims 
for injury to lands resulting from such damages, 
losses, injuries, interference with, diversion, or tak-
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ing of water) within the Pojoaque Basin arising out 
of activities occurring outside the Pojoaque Basin; 
(5) all claims relating to activities affecting the 
quality of water including any claims the Pueblos 
may have under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) (including claims for dam-
ages to natural resources), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et seq.), and the 
regulations implementing those laws; 
(6) all claims against the United States relating 
to damages, losses, or injuries to land or natural re-
sources not due to loss of water or water rights (in-
cluding hunting, fishing, gathering or cultural 
rights); 
(7) all claims for water rights from water 
sources outside the Pojoaque Basin for land outside 
the Pojoaque Basin owned by a Pueblo or held by 
the United States for the benefit of any of the Pueb-
los; and 
(8) all rights, remedies, privileges, immunities, 
powers and claims not specifically waived and re-
leased pursuant to this Act or the Settlement Agree-
ment. 
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(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 any laws relating to health, 
safety, or the environment, including the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
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.), the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), and the regulations imple-
menting those laws; 
(2) affects the ability of the United States to 
take actions acting in its capacity as trustee for any 
other Indian tribe or allottee; or 
(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; 
(e) TOLLING OF CLAIMS.— 
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(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 June 30, 2021. 
(2) EFFECT OF SUBPARAGRAPH.—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 section pre-
cludes the tolling of any period of limitations or any 
time-based equitable defense under any other appli-
cable law. 
SEC. 205. EFFECT. 
Nothing in this Act or the Settlement Agreement af-
fects the land and water rights, claims, or entitlements 
to water of any Indian tribe, pueblo, or community other 
than the Pueblos. 
Passed the House of Representatives January 21, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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