I 
118TH CONGRESS 
2D SESSION 
H. R. 8940 
To provide for the settlement of the water rights claims of the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 8, 2024 
Mr. CISCOMANI
(for himself, Mr. STANTON, Mr. GRIJALVA, and Mr. 
SCHWEIKERT) introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To provide for the settlement of the water rights claims 
of the Navajo Nation, the Hopi Tribe, and the San 
Juan Southern Paiute Tribe, and for other purposes. 
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 
‘‘Northeastern Arizona Indian Water Rights Settlement 
Act of 2024’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Ratification and execution of the Northeastern Arizona Indian Water 
Rights Settlement Agreement. 
Sec. 5. Water Rights. 
Sec. 6. Allocation and assignment of Colorado River Water to the Tribes; water 
delivery contracts. 
Sec. 7. Colorado River Water leases and exchanges; Uses. 
Sec. 8. iina´ ba´ – paa tuwaqat’si pipeline. 
Sec. 9. iina´ ba´ – paa tuwaqat’si pipeline Implementation Fund Account. 
Sec. 10. Navajo Nation Water Settlement Trust Fund. 
Sec. 11. Hopi Tribe Settlement Trust Fund. 
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund. 
Sec. 13. Funding. 
Sec. 14. Waivers, releases, and retention of claims. 
Sec. 15. Satisfaction of Water Rights and other benefits. 
Sec. 16. Enforceability Date. 
Sec. 17. Colorado River accounting. 
Sec. 18. Limited waiver of sovereign immunity. 
Sec. 19. Ratification of the Treaty and creation of the San Juan Southern Pai-
ute Reservation. 
Sec. 20. Antideficiency; savings provisions; effect. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to rights to water in the State 
for— 
(A) the Navajo Nation and Navajo 
Allottees; 
(B) the Hopi Tribe and Hopi Allottees; 
(C) the San Juan Southern Paiute Tribe; 
and 
(D) the United States, acting as trustee 
for the Navajo Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, Navajo Allottees, 
and Hopi Allottees; 
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(2) to authorize, ratify, and confirm the North-
eastern Arizona Indian Water Rights Settlement 
Agreement entered into by the Navajo Nation, the 
Hopi Tribe, the San Juan Southern Paiute Tribe, 
the State, and other Parties to the extent that the 
Settlement Agreement is consistent with this Act; 
(3) to authorize and direct the Secretary to exe-
cute and perform the duties and obligations of the 
Secretary under the Settlement Agreement and this 
Act; and 
(4) to authorize funds necessary for the imple-
mentation of the Settlement Agreement and this 
Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 1882 RESERVATION.—The term ‘‘1882 Res-
ervation’’ means— 
(A) land within the exterior boundaries of 
the ‘‘Hopi Indian Reservation’’ defined as Dis-
trict 6 in Healing v. Jones, 210 F. Supp. 125, 
173 (D. Ariz. 1962), aff’d, 373 U.S. 758 
(1963), and Masayesva for and on Behalf of 
Hopi Indian Tribe v. Hale, 118 F.3d 1371, 
1375–76 (9th Cir. 1997); and 
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(B) all land withdrawn by the Executive 
order of December 16, 1882, and partitioned to 
the Hopi Tribe in accordance with section 4 of 
the Act of December 22, 1974 (Public Law 93– 
531; 88 Stat. 1713), by Judgment of Partition, 
February 10, 1977, Sekaquaptewa v. Mac-
Donald, Case No. CIV–579–PCT–JAW (D. 
Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980). 
(2) AFY.—The term ‘‘AFY’’ means acre-feet 
per year. 
(3) ARIZONA
DEPARTMENT
OF
WATER
RE-
SOURCES.—The term ‘‘Arizona Department of 
Water Resources’’ means the agency of the State es-
tablished pursuant to section 45–102 of the Arizona 
Revised Statutes, or a successor agency or entity. 
(4) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(5) CAP; CENTRAL
ARIZONA
PROJECT.—The 
terms ‘‘CAP’’ and ‘‘Central Arizona Project’’ mean 
the Federal reclamation project authorized and con-
structed by the United States in accordance with 
title III of the Colorado River Basin Project Act (43 
U.S.C. 1521 et seq.). 
(6) CAP
REPAYMENT
CONTRACT.—The term 
‘‘CAP Repayment Contract’’ means— 
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(A) the contract dated December 1, 1988 
(Contract No. 14–06–W–245, Amendment No. 
1), between the United States and the Central 
Arizona Water Conservation District for the de-
livery of water and the repayment of costs of 
the Central Arizona Project; and 
(B) any amendment to, or revision of, that 
contract. 
(7) CAWCD; CENTRAL ARIZONA WATER CON-
SERVATION DISTRICT.—The terms ‘‘CAWCD’’ and 
‘‘Central Arizona Water Conservation District’’ 
mean the political subdivision of the State that is 
the contractor under the CAP Repayment Contract. 
(8) CIBOLA WATER.—The term ‘‘Cibola Water’’ 
means the entitlement of the Hopi Tribe to the di-
version of up to 4,278 AFY of the Fourth Priority 
Water described in the Hopi Tribe Existing Cibola 
Contract. 
(9) COLORADO
RIVER
COMPACT.—The term 
‘‘Colorado River Compact’’ means the Colorado 
River Compact of 1922, as ratified and reprinted in 
article 2 of chapter 7 of title 45, Arizona Revised 
Statutes. 
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(10) COLORADO
RIVER
SYSTEM.—The term 
‘‘Colorado River System’’ has the meaning given the 
term in Article II(a) of the Colorado River Compact. 
(11) COLORADO RIVER WATER.— 
(A) IN
GENERAL.—The term ‘‘Colorado 
River Water’’ means the waters of the Colorado 
River apportioned for Use within the State 
by— 
(i) sections 4 and 5 of the Boulder 
Canyon Project Act (43 U.S.C. 617c, 
617d); 
(ii) the Upper Colorado River Basin 
Compact of 1948, as ratified and reprinted 
in article 3 of chapter 7 of title 45, Ari-
zona Revised Statutes; 
(iii) the Colorado River Basin Project 
Act (43 U.S.C. 1501 et seq.); 
(iv) the contract for delivery of water 
between the United States and the State, 
dated February 9, 1944; and 
(v) the Decree. 
(B) LIMITATIONS.—The term ‘‘Colorado 
River Water’’— 
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(i) shall only be used for purposes of 
interpreting the Settlement Agreement and 
this Act; and 
(ii) shall not be used for any interpre-
tation of existing law or contract, including 
any law or contract described in clauses (i) 
through (v) of subparagraph (A). 
(12) DECREE.—The term ‘‘Decree’’, when used 
without a modifier, means— 
(A) the decree of the Supreme Court of the 
United States in Arizona v. California, 376 
U.S. 340 (1964); 
(B) the consolidated decree entered on 
March 27, 2006, in Arizona v. California, 547 
U.S. 150 (2006); and 
(C) any modification to a decree described 
in subparagraph (A) or (B). 
(13) DIVERSION.—The term ‘‘diversion’’ means 
an act to divert. 
(14) DIVERT.—The term ‘‘divert’’ means to re-
ceive, withdraw, develop, produce, or capture water 
using— 
(A) a ditch, canal, flume, bypass, pipeline, 
pit, collection or infiltration gallery, conduit, 
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well, pump, turnout, dam, or any other mechan-
ical device; or 
(B) any other human act. 
(15) EFFECTIVE DATE.—The term ‘‘Effective 
Date’’ means the date as of which the Settlement 
Agreement has been executed by not fewer than 30 
of the Parties, including— 
(A) the Navajo Nation; 
(B) the Hopi Tribe; 
(C) the San Juan Southern Paiute Tribe; 
(D) the State; 
(E) the Arizona State Land Department; 
(F) the Central Arizona Water Conserva-
tion District; 
(G) the Salt River Project Agricultural Im-
provement and Power District; and 
(H) the Salt River Valley Water Users’ As-
sociation. 
(16) EFFLUENT.—The term ‘‘Effluent’’ means 
water that— 
(A) has been used in the State for domes-
tic, municipal, or industrial purposes, other 
than solely for hydropower generation; and 
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(B) is available for reuse for any purpose, 
regardless of whether the water has been treat-
ed to improve the quality of the water. 
(17) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 16(a). 
(18) FIFTH
PRIORITY
WATER.—The term 
‘‘Fifth Priority Water’’ has the meaning given the 
term in the Hopi Tribe Existing Cibola Contract. 
(19) FOURTH
PRIORITY
WATER.—The term 
‘‘Fourth Priority Water’’ means Colorado River 
Water available for delivery within the State for sat-
isfaction of entitlements— 
(A) in accordance with contracts, Secre-
tarial reservations, perfected rights, and other 
arrangements between the United States and 
water users in the State entered into or estab-
lished after September 30, 1968, for Use on 
Federal, State, or privately owned land in the 
State, in a total quantity not greater than 
164,652 AFY of diversions; and 
(B) after first providing for the delivery of 
Colorado River Water for the CAP System, in-
cluding for Use on Indian land, under section 
304(e) of the Colorado River Basin Project Act 
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(C) Effluent. 
(24) HOPI ALLOTMENT.—The term ‘‘Hopi Al-
lotment’’ means any of the 11 parcels allotted pursu-
ant to section 4 of the Act of February 8, 1887 
(commonly known as the ‘‘Indian General Allotment 
Act’’) (24 Stat. 389, chapter 119; 25 U.S.C. 334), 
that are— 
(A) located within the exterior boundaries 
of the Hopi Reservation; and 
(B) held in trust by the United States for 
the benefit of 1 or more individual Indians 
under allotment record numbers AR–39, AR– 
40, AR–41, AR–42, AR–43, AR–44, AR–45, 
AR–46, AR–47, AR–48, and AR–49. 
(25) HOPI ALLOTTEE.—The term ‘‘Hopi Allot-
tee’’ means— 
(A) an individual Indian holding a bene-
ficial interest in a Hopi Allotment; or 
(B) an Indian Tribe holding an undivided 
fractional beneficial interest in a Hopi Allot-
ment. 
(26) HOPI FEE LAND.—The term ‘‘Hopi Fee 
Land’’ means land, other than Hopi Trust Land, 
that— 
(A) is located in the State; 
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(B) is located outside the exterior bound-
aries of the Hopi Reservation; and 
(C) as of the Enforceability Date, is owned 
by the Hopi Tribe in its own name or through 
an entity wholly owned or controlled by the 
Hopi Tribe. 
(27) HOPI
LAND.—The term ‘‘Hopi Land’’ 
means— 
(A) the Hopi Reservation; 
(B) Hopi Trust Land; and 
(C) Hopi Fee Land. 
(28) HOPI RESERVATION.— 
(A) IN GENERAL.—The term ‘‘Hopi Res-
ervation’’ means— 
(i) land within the exterior boundaries 
of the ‘‘Hopi Indian Reservation’’ defined 
as District 6 in Healing v. Jones, 210 F. 
Supp. 125, 173 (D. Ariz. 1962), aff’d, 373 
U.S. 758 (1963), and Masayesva for and 
on Behalf of Hopi Indian Tribe v. Hale, 
118 F.3d 1371, 1375–76 (9th Cir. 1997); 
(ii) land withdrawn by the Executive 
Order of December 16, 1882, and parti-
tioned to the Hopi Tribe in accordance 
with the Act of December 22, 1974 (Public 
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Law 93–531; 88 Stat. 1713), by Judgment 
of 
Partition, 
February 
10, 
1977, 
Sekaquaptewa v. MacDonald, Case No. 
CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 
F.2d 113 (9th Cir. 1980); and 
(iii) land recognized as part of the 
Hopi Reservation in Honyoama v. Shirley, 
Jr., Case No. CIV 74–842–PHX–EHC (D. 
Ariz. 2006). 
(B) MAP.—Subject to subparagraph (C), 
the descriptions of the Hopi Reservation de-
scribed in clauses (i) through (iii) of subpara-
graph (A) are generally shown on the map at-
tached as Exhibit 3.1.56 to the Settlement 
Agreement. 
(C) CONFLICT.—In the case of a conflict 
between the definition in subparagraph (A) and 
Exhibit 3.1.56 of the Settlement Agreement, 
the definition in that subparagraph shall con-
trol. 
(29) HOPI
TRIBE.—The term ‘‘Hopi Tribe’’ 
means the Hopi Tribe, a tribe of Hopi Indians— 
(A) organized under section 16 of the Act 
of June 18, 1934 (commonly known as the ‘‘In-
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dian Reorganization Act’’) (48 Stat. 987, chap-
ter 576; 25 U.S.C. 5123); and 
(B) recognized by the Secretary in the no-
tice of the Secretary entitled ‘‘Indian Entities 
Recognized by and Eligible To Receive Services 
From the United States Bureau of Indian Af-
fairs’’ (89 Fed. Reg. 944 (January 8, 2024)). 
(30) HOPI
TRIBE
AGRICULTURAL
CONSERVA-
TION
TRUST
FUND
ACCOUNT.—The term ‘‘Hopi 
Tribe Agricultural Conservation Trust Fund Ac-
count’’ means the account— 
(A) established under to section 11(b)(3); 
and 
(B) described in subparagraph 12.3.3 of 
the Settlement Agreement. 
(31) HOPI TRIBE CIBOLA WATER.—The term 
‘‘Hopi Tribe Cibola Water’’ means the Fourth Pri-
ority Water, Fifth Priority Water, and Sixth Priority 
Water to which the Hopi Tribe is entitled pursuant 
to subparagraphs 5.8.2 and 5.8.3 of the Settlement 
Agreement. 
(32) HOPI
TRIBE
EXISTING
CIBOLA
CON-
TRACT.—The term ‘‘Hopi Tribe Existing Cibola 
Contract’’ means Contract No. 04–XX–30–W0432 
between the United States and the Hopi Tribe, as 
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amended and in full force and effect as of the Effec-
tive Date. 
(33) HOPI TRIBE GROUNDWATER PROJECTS.— 
The term ‘‘Hopi Tribe Groundwater Projects’’ 
means the projects described in— 
(A) section 11(f)(1); and 
(B) subparagraph 12.3.1 of the Settlement 
Agreement. 
(34) HOPI
TRIBE
GROUNDWATER
PROJECTS 
TRUST
FUND
ACCOUNT.—The term ‘‘Hopi Tribe 
Groundwater Projects Trust Fund Account’’ means 
the account— 
(A) established under section 11(b)(1); and 
(B) described in subparagraph 12.3.1 of 
the Settlement Agreement. 
(35) HOPI
TRIBE
LOWER
BASIN
COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—The term ‘‘Hopi Tribe Lower Basin Colo-
rado River Water Acquisition Trust Fund Account’’ 
means the account— 
(A) established under section 11(b)(4); and 
(B) described in subparagraph 12.3.4 of 
the Settlement Agreement. 
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(36) HOPI
TRIBE
OM&R
TRUST
FUND
AC-
COUNT.—The term ‘‘Hopi Tribe OM&R Trust Fund 
Account’’ means the account— 
(A) established under section 11(b)(2); and 
(B) described in subparagraph 12.3.2 of 
the Settlement Agreement. 
(37) HOPI
TRIBE
UPPER
BASIN
COLORADO 
RIVER WATER.—The term ‘‘Hopi Tribe Upper Basin 
Colorado River Water’’ means the 2,300 AFY of 
Upper Basin Colorado River Water allocated to the 
Hopi Tribe— 
(A) pursuant to section 6; and 
(B) as provided in subparagraphs 5.7 and 
11.1.1 of the Settlement Agreement. 
(38) HOPI
TRIBE
WATER
DELIVERY
CON-
TRACT.—The term ‘‘Hopi Tribe Water Delivery 
Contract’’ means 1 or more contracts entered into 
by Secretary and the Hopi Tribe in accordance with 
section 6 and pursuant to paragraph 11 of the Set-
tlement Agreement for the delivery of Hopi Tribe 
Upper Basin Colorado River Water or Hopi Tribe 
Cibola Water. 
(39) HOPI
TRUST
LAND.—The term ‘‘Hopi 
Trust Land’’ means land that— 
(A) is located in the State; 
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(B) is located outside the exterior bound-
aries of the Hopi Reservation; and 
(C) as of the Enforceability Date, is held 
in trust by the United States for the benefit of 
the Hopi Tribe. 
(40) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.— 
The term ‘‘iina´ ba´ – paa tuwaqat’si pipeline’’ means 
the water project described in— 
(A) section 8; and 
(B) subparagraph 12.1 of the Settlement 
Agreement. 
(41) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE IM-
PLEMENTATION
FUND
ACCOUNT.—The term ‘‘iina´ 
ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account’’ means the account— 
(A) established under section 9(a); and 
(B) described in subparagraph 12.1.1 of 
the Settlement Agreement. 
(42) IMPOUNDMENT.—The term ‘‘impound-
ment’’ means a human-made structure used to store 
water. 
(43) INJURY TO WATER.—The term ‘‘Injury to 
Water’’ means injury to water based on changes in 
or degradation of the salinity or concentration of 
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naturally occurring chemical constituents contained 
in water. 
(44) INJURY TO WATER RIGHTS.— 
(A) IN GENERAL.—The term ‘‘Injury to 
Water Rights’’ means an interference with, 
diminution of, or deprivation of Water Rights 
under Federal, State, or other law. 
(B) EXCLUSION.—The term ‘‘Injury to 
Water Rights’’ does not include any injury to 
water quality. 
(45) 
IRRIGATION.—The 
term 
‘‘irrigation’’ 
means the Use of water on 2 or more acres of land 
to produce plants or parts of plants— 
(A) for sale or human consumption; or 
(B) as feed for livestock, range livestock, 
or poultry. 
(46) LCR.—The term ‘‘LCR’’ means the Little 
Colorado River. 
(47) LCR ADJUDICATION.—The term ‘‘LCR Ad-
judication’’ means the action pending in the Supe-
rior Court of the State, in and for the County of 
Apache, In re: the General Adjudication of All 
Rights to Use Water in the Little Colorado River 
System and Source, CIV No. 6417. 
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(48) LCR
ADJUDICATION
COURT.—The term 
‘‘LCR Adjudication Court’’ means the Superior 
Court of the State, in and for the County of Apache, 
exercising jurisdiction over the LCR Adjudication. 
(49) LCR DECREE.—The term ‘‘LCR Decree’’ 
means the judgment or decree entered by the LCR 
Adjudication Court in substantially the same form 
as the form of judgment attached as Exhibit 3.1.82 
to the Settlement Agreement. 
(50) LCR WATERSHED.—The term ‘‘LCR Wa-
tershed’’ means land located within the Surface 
Water drainage of the LCR and its tributaries in the 
State, as shown on the map attached as Exhibit 
3.1.83 to the Settlement Agreement. 
(51) LOWER BASIN.—The term ‘‘Lower Basin’’ 
has the meaning given the term in Article II(g) of 
the Colorado River Compact. 
(52) MEMBER.—The term ‘‘Member’’ means 
any person duly enrolled as a member of the Navajo 
Nation, the Hopi Tribe, or the San Juan Southern 
Paiute Tribe. 
(53) NAVAJO ALLOTMENT.—The term ‘‘Navajo 
Allotment’’ means a parcel of land patented pursu-
ant to section 1 of the Act of February 8, 1887 
(commonly known as the ‘‘Indian General Allotment 
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Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331) 
(as in effect on the day before the date of enactment 
of the Indian Land Consolidation Act Amendments 
of 2000 (Public Law 106–462; 114 Stat. 1991))— 
(A) originally allotted to an individual 
identified in the allotting document as a Navajo 
Indian; 
(B) located within the exterior boundaries 
of the Navajo Reservation; and 
(C) held in trust by the United States for 
the benefit of 1 or more individual Indians. 
(54) NAVAJO ALLOTTEE.—The term ‘‘Navajo 
Allottee’’ means— 
(A) an individual Indian holding a bene-
ficial interest in a Navajo Allotment; or 
(B) an Indian Tribe holding an undivided 
fractional beneficial interest in a Navajo Allot-
ment. 
(55) NAVAJO FEE LAND.—The term ‘‘Navajo 
Fee Land’’ means land, other than Navajo Trust 
Land, that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the Navajo Reservation; and 
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(C) as of the Enforceability Date, is owned 
by the Navajo Nation, whether in its own name 
or through an entity wholly owned or controlled 
by the Navajo Nation. 
(56) 
NAVAJO-GALLUP
WATER
SUPPLY 
PROJECT.—The term ‘‘Navajo-Gallup Water Supply 
Project’’ means the project authorized, constructed, 
and operated pursuant to part III of the North-
western New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1379). 
(57) NAVAJO LAND.—The term ‘‘Navajo Land’’ 
means— 
(A) the Navajo Reservation; 
(B) Navajo Trust Land; and 
(C) Navajo Fee Land. 
(58) NAVAJO NATION.— 
(A) IN GENERAL.—The term ‘‘Navajo Na-
tion’’ means the Navajo Nation, a body politic 
and federally recognized Indian nation recog-
nized by the Secretary in the notice of the Sec-
retary entitled ‘‘Indian Entities Recognized by 
and Eligible To Receive Services From the 
United States Bureau of Indian Affairs’’ (89 
Fed. Reg. 944 (January 8, 2024)), and also 
known variously as the ‘‘Navajo Tribe’’, the 
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‘‘Navajo Tribe of Arizona, New Mexico & 
Utah’’, the ‘‘Navajo Tribe of Indians’’, and 
other similar names. 
(B) INCLUSIONS.—The term ‘‘Navajo Na-
tion’’ includes all bands of Navajo Indians and 
chapters of the Navajo Nation. 
(59) NAVAJO
NATION
AGRICULTURAL
CON-
SERVATION
TRUST
FUND
ACCOUNT.—The term 
‘‘Navajo Nation Agricultural Conservation Trust 
Fund Account’’ means the account— 
(A) established under section 10(b)(3); and 
(B) described in subparagraph 12.2.4 of 
the Settlement Agreement. 
(60) NAVAJO
NATION
CIBOLA
WATER.—The 
term ‘‘Navajo Nation Cibola Water’’ means the enti-
tlement of the Navajo Nation to the diversion of up 
to 100 AFY of Fourth Priority Water at the same 
location and for the same Uses described in the 
Hopi Tribe Existing Cibola Contract or the delivery 
and consumptive use of up to 71.5 AFY of Fourth 
Priority Water at locations and for Uses within the 
State other than as described in the Hopi Tribe Ex-
isting Cibola Contract, which shall have been as-
signed and transferred by the Hopi Tribe from its 
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Cibola Water under the Hopi Tribe Existing Cibola 
Contract to the Navajo Nation. 
(61) 
NAVAJO
NATION
FOURTH
PRIORITY 
WATER.—The term ‘‘Navajo Nation Fourth Priority 
Water’’ means the diversion right to 3,500 AFY of 
Fourth Priority Water reserved for Use in a Navajo- 
Hopi Indian water rights settlement under para-
graph 11.3 of the Arizona Water Settlement Agree-
ment among the United States, the State, and the 
Central Arizona Water Conservation District— 
(A) as authorized by paragraphs (1) and 
(2) of section 106(a) of the Central Arizona 
Project Settlement Act of 2004 (Public Law 
108–451; 118 Stat. 3492); 
(B) as allocated to the Navajo Nation pur-
suant to section 6; and 
(C) as described in subparagraphs 4.9 and 
10.1 of the Settlement Agreement. 
(62) NAVAJO NATION LOWER BASIN COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—The term ‘‘Navajo Nation Lower Basin 
Colorado River Water Acquisition Trust Fund Ac-
count’’ means the account— 
(A) established under section 10(b)(5); and 
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(B) described in subparagraph 12.2.5 of 
the Settlement Agreement. 
(63) NAVAJO NATION OM&R TRUST FUND AC-
COUNT.—The term ‘‘Navajo Nation OM&R Trust 
Fund Account’’ means the account— 
(A) established under section 10(b)(2); and 
(B) described in subparagraph 12.2.2 of 
the Settlement Agreement. 
(64) NAVAJO
NATION
RENEWABLE
ENERGY 
TRUST FUND ACCOUNT.—The term ‘‘Navajo Nation 
Renewable Energy Trust Fund Account’’ means the 
account— 
(A) established under section 10(b)(4); and 
(B) described in subparagraph 12.2.3 of 
the Settlement Agreement. 
(65) NAVAJO NATION UPPER BASIN COLORADO 
RIVER WATER.—The term ‘‘Navajo Nation Upper 
Basin Colorado River Water’’ means the 44,700 
AFY of Upper Basin Colorado River Water— 
(A) allocated to the Navajo Nation pursu-
ant to section 6; and 
(B) described in subparagraphs 4.7 and 
10.1 of the Settlement Agreement. 
(66) NAVAJO NATION WATER DELIVERY CON-
TRACT.—The term ‘‘Navajo Nation Water Delivery 
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Contract’’ means 1 or more contracts entered into 
by the Secretary and the Navajo Nation in accord-
ance with section 6 and pursuant to paragraph 10 
of the Settlement Agreement for the delivery of Nav-
ajo Nation Upper Basin Colorado River Water, Nav-
ajo Nation Cibola Water, or Navajo Nation Fourth 
Priority Water. 
(67) NAVAJO NATION WATER PROJECTS.—The 
term ‘‘Navajo Nation Water Projects’’ means the 
projects described in— 
(A) section 10(f)(1); and 
(B) subparagraph 12.2.1 of the Settlement 
Agreement. 
(68) NAVAJO NATION WATER PROJECTS TRUST 
FUND ACCOUNT.—The term ‘‘Navajo Nation Water 
Projects Trust Fund Account’’ means the account— 
(A) established under section 10(b)(1); and 
(B) described in subparagraph 12.2.1 of 
the Settlement Agreement. 
(69) NAVAJO RESERVATION.— 
(A) IN GENERAL.—The term ‘‘Navajo Res-
ervation’’ means— 
(i) land within the exterior boundaries 
of the ‘‘Navajo Indian Reservation’’ in the 
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State, as defined by the Act of June 14, 
1934 (48 Stat. 960, chapter 521); 
(ii) land withdrawn by the Executive 
order of December 16, 1882, and parti-
tioned to the Navajo Nation in accordance 
with section 8(b) of the Act of December 
22, 1974 (Public Law 93–531; 88 Stat. 
1715), by Judgment of Partition, Feb-
ruary 10, 1977, Sekaquaptewa v. Mac-
Donald, Case No. CIV–579–PCT–JAW 
(D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 
1980); 
(iii) land taken into trust as a part of 
the Navajo Reservation before the Effec-
tive Date pursuant to the Act of December 
22, 1974 (Public Law 93–531; 88 Stat. 
1712), a copy of which is attached as Ex-
hibit 3.1.112B to the Settlement Agree-
ment; and 
(iv) any land taken into trust as part 
of the Navajo Reservation after the Effec-
tive Date pursuant to the Act of December 
22, 1974 (Public Law 93–531; 88 Stat. 
1712), except as provided in subpara-
graphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 
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4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settle-
ment Agreement. 
(B) EXCLUSIONS.—The term ‘‘Navajo 
Reservation’’ does not include land within the 
Hopi Reservation or the San Juan Southern 
Paiute Reservation. 
(C) MAP.—Subject to subparagraph (D), 
the descriptions of the Navajo Reservation de-
scribed in clauses (i) through (iv) of subpara-
graph (A) are generally shown on the map at-
tached as Exhibit 3.1.112A to the Settlement 
Agreement. 
(D) CONFLICT.—In the case of a conflict 
between the definition in subparagraphs (A) 
and (B) and Exhibit 3.1.112A of the Settle-
ment Agreement, the definition described in 
those subparagraphs shall control. 
(70) NAVAJO
TRIBAL
UTILITY
AUTHORITY.— 
The term ‘‘Navajo Tribal Utility Authority’’ means 
the enterprise established by the Navajo Nation pur-
suant to chapter 1, section 21 of the Navajo Nation 
Code, or a successor agency or entity. 
(71) NAVAJO TRUST LAND.—The term ‘‘Navajo 
Trust Land’’ means land that— 
(A) is located in the State; 
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(B) is located outside the exterior bound-
aries of the Navajo Reservation; and 
(C) as of the Enforceability Date, is held 
in trust by the United States for the benefit of 
the Navajo Nation. 
(72) OFF-RESERVATION.—The term ‘‘off-Res-
ervation’’ means land located in the State outside 
the exterior boundaries of— 
(A) the Navajo Reservation; 
(B) the Hopi Reservation; and 
(C) the San Juan Southern Paiute Res-
ervation. 
(73) OM&R.—The term ‘‘OM&R’’ means oper-
ation, maintenance, and replacement. 
(74) PARTY.—The term ‘‘Party’’ mean a Per-
son that is a signatory to the Settlement Agreement. 
(75) PERSON.— 
(A) IN
GENERAL.—The term ‘‘Person’’ 
means— 
(i) an individual; 
(ii) a public or private corporation; 
(iii) a company; 
(iv) a partnership; 
(v) a joint venture; 
(vi) a firm; 
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(vii) an association; 
(viii) a society; 
(ix) an estate or trust; 
(x) any other private organization or 
enterprise; 
(xi) the United States; 
(xii) an Indian Tribe; 
(xiii) a State, territory, or country; 
(xiv) a governmental entity; and 
(xv) any political subdivision or mu-
nicipal corporation organized under or sub-
ject to the constitution and laws of the 
State. 
(B) INCLUSIONS.—The term ‘‘Person’’ in-
cludes the officers, directors, agents, insurers, 
representatives, employees, attorneys, assigns, 
subsidiaries, affiliates, enterprises, legal rep-
resentatives, predecessors, and successors in in-
terest and their heirs, of any entity or indi-
vidual described in subparagraph (A). 
(76) PUBLIC
DOMAIN
ALLOTMENT
OUTSIDE 
THE NAVAJO RESERVATION.—The term ‘‘Public Do-
main Allotment outside the Navajo Reservation’’ 
means any of the 51 parcels of land allotted to indi-
vidual Indians from the public domain pursuant to 
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section 4 of the Act of February 8, 1887 (commonly 
known as the ‘‘Indian General Allotment Act’’) (24 
Stat. 389, chapter 119; 25 U.S.C. 334) that is— 
(A) held in trust by the United States for 
the benefit of 1 or more individual Indians or 
Indian Tribes; and 
(B) located outside the exterior boundaries 
of the Navajo Reservation and the Hopi Res-
ervation, as depicted on the map attached as 
Exhibit 3.1.132A to the Settlement Agreement. 
(77) PUBLIC DOMAIN ALLOTMENT WITHIN THE 
NAVAJO RESERVATION.—The term ‘‘Public Domain 
Allotment within the Navajo Reservation’’ means 
any land allotted to individual Indians from the pub-
lic domain that is— 
(A) held in trust by the United States for 
the benefit of 1 or more individual Indians or 
Indian Tribes; 
(B) located within the exterior boundaries 
of the Navajo Reservation; and 
(C) described in Exhibit 3.1.131 to the 
Settlement Agreement. 
(78) PUBLIC
DOMAIN
ALLOTTEE.—The term 
‘‘Public Domain Allottee’’ means an individual In-
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dian or Indian Tribe holding a beneficial interest 
in— 
(A) a Public Domain Allotment outside the 
Navajo Reservation; or 
(B) a Public Domain Allotment within the 
Navajo Reservation. 
(79) SAN
JUAN
SOUTHERN
PAIUTE
FEE 
LAND.—The term ‘‘San Juan Southern Paiute Fee 
Land’’ means land, other than San Juan Southern 
Paiute Trust Land, that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the San Juan Southern Paiute Reserva-
tion; and 
(C) as of the Enforceability Date, is owned 
by the San Juan Southern Paiute Tribe, wheth-
er in its own name or through an entity wholly 
owned or controlled by the San Juan Southern 
Paiute Tribe. 
(80) SAN JUAN SOUTHERN PAIUTE GROUND-
WATER PROJECTS.—The term ‘‘San Juan Southern 
Paiute Groundwater Projects’’ means the projects 
described in— 
(A) section 12; and 
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(B) subparagraph 12.4.1 of the Settlement 
Agreement. 
(81) SAN JUAN SOUTHERN PAIUTE LAND.—The 
term ‘‘San Juan Southern Paiute Land’’ means— 
(A) the San Juan Southern Paiute South-
ern Area; 
(B) San Juan Southern Paiute Trust 
Land; and 
(C) San Juan Southern Paiute Fee Land. 
(82) SAN JUAN SOUTHERN PAIUTE NORTHERN 
AREA.—The term ‘‘San Juan Southern Paiute 
Northern Area’’ means the land depicted on the map 
attached as Exhibit 3.1.146 to the Settlement 
Agreement. 
(83) SAN JUAN SOUTHERN PAIUTE RESERVA-
TION.—The term ‘‘San Juan Southern Paiute Res-
ervation’’ means the approximately 5,400 acres of 
land described in paragraph 6.0 of the Settlement 
Agreement as the San Juan Southern Paiute North-
ern Area and the San Juan Southern Paiute South-
ern Area, as depicted in the maps attached as Ex-
hibits 3.1.146 and 3.1.147 to the Settlement Agree-
ment. 
(84) SAN JUAN SOUTHERN PAIUTE TRIBE AGRI-
CULTURAL
CONSERVATION
TRUST
FUND
AC-
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COUNT.—The term ‘‘San Juan Southern Paiute 
Tribe Agricultural Conservation Trust Fund Ac-
count’’ means the account— 
(A) established under section 12(b)(2); and 
(B) described in subparagraph 12.4.3 of 
the Settlement Agreement. 
(85) SAN
JUAN
SOUTHERN
PAIUTE
TRIBE 
GROUNDWATER PROJECTS TRUST FUND ACCOUNT.— 
The term ‘‘San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account’’ means 
the account— 
(A) established under section 12(b)(1); and 
(B) described in subparagraph 12.4.1 of 
the Settlement Agreement. 
(86) SAN JUAN SOUTHERN PAIUTE TRIBE OM&R 
TRUST
FUND
ACCOUNT.—The term ‘‘San Juan 
Southern Paiute Tribe OM&R Trust Fund Account’’ 
means the account— 
(A) established under section 12(b)(3); and 
(B) described in subparagraph 12.4.2 of 
the Settlement Agreement. 
(87) SAN JUAN SOUTHERN PAIUTE SOUTHERN 
AREA.—The term ‘‘San Juan Southern Paiute 
Southern Area’’ means the land depicted on the map 
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attached as Exhibit 3.1.147 to the Settlement 
Agreement. 
(88) SAN JUAN SOUTHERN PAIUTE TRIBE.— 
The term ‘‘San Juan Southern Paiute Tribe’’ means 
the San Juan Southern Paiute Tribe, a body politic 
and federally recognized Indian Tribe, as recognized 
by the Secretary in the notice of the Secretary enti-
tled ‘‘Indian Entities Recognized by and Eligible To 
Receive Services From the United States Bureau of 
Indian Affairs’’ (89 Fed. Reg. 944 (January 8, 
2024)). 
(89) SAN
JUAN
SOUTHERN
PAIUTE
TRUST 
LAND.—The term ‘‘San Juan Southern Paiute Trust 
Land’’ means land that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the San Juan Southern Paiute Reserva-
tion; and 
(C) as of the Enforceability Date, is held 
in trust by the United States for the benefit of 
the San Juan Southern Paiute Tribe. 
(90) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(91) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means— 
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(A) the Northeastern Arizona Indian 
Water Rights Settlement Agreement dated as of 
May 9, 2024; and 
(B) any exhibits attached to that agree-
ment. 
(92) SIXTH
PRIORITY
WATER.—The term 
‘‘Sixth Priority Water’’ has the meaning given the 
term in the Hopi Tribe Existing Cibola Contract. 
(93) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
(94) SURFACE WATER.— 
(A) IN
GENERAL.—The term ‘‘Surface 
Water’’ means all water in the State that is ap-
propriable under State law. 
(B) 
EXCLUSION.—The 
term 
‘‘Surface 
Water’’ does not include Colorado River Water. 
(95) TREATY.—The term ‘‘Treaty’’ means the 
Articles of Treaty and Agreement entered into by 
the Navajo Nation and the San Juan Southern Pai-
ute Tribe to settle land claims and other disputes, 
as executed on March 18, 2000. 
(96) TREATY ADDENDUM.—The term ‘‘Treaty 
Addendum’’ means the Addendum to the Treaty en-
tered into by the Navajo Nation and the San Juan 
Southern Paiute Tribe on May 7, 2004. 
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Allottees, and the Navajo Allottees, except as 
otherwise expressly provided. 
(B) CLARIFICATION.—When used in ref-
erence to a particular agreement or contract, 
the term ‘‘United States’’ means the United 
States acting in the capacity as described in 
that agreement or contract. 
(101) 
UPPER
BASIN.—The 
term 
‘‘Upper 
Basin’’ has the meaning given the term in article 
II(f) of the Colorado River Compact. 
(102) 
UPPER
BASIN
COLORADO
RIVER 
WATER.—The term ‘‘Upper Basin Colorado River 
Water’’ means the 50,000 AFY of consumptive use 
of Colorado River Water apportioned to the State in 
the Upper Colorado River Basin Compact of 1948, 
as ratified and reprinted in article 3 of chapter 7 of 
title 45, Arizona Revised Statutes. 
(103) USE.—The term ‘‘Use’’ means any bene-
ficial use, including instream flow, recharge, storage, 
recovery, or any other use recognized as beneficial 
under applicable law. 
(104) WATER.—The term ‘‘water’’, when used 
without a modifying adjective, means Groundwater, 
Surface Water, Colorado River Water, or Effluent. 
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(105) 
WATER
RIGHT.—The 
term 
‘‘Water 
Right’’ means any right in or to Groundwater, Sur-
face Water, Colorado River Water, or Effluent under 
Federal, State, or other law. 
(106) WELL.—The term ‘‘well’’ means a 
human-made opening in the earth through which 
Underground Water may be withdrawn or obtained. 
(107) ZUNI
TRIBE.—The term ‘‘Zuni Tribe’’ 
means the body politic and federally recognized In-
dian Tribe, as recognized by the Secretary in the no-
tice of the Secretary entitled ‘‘Indian Entities Rec-
ognized by and Eligible To Receive Services From 
the United States Bureau of Indian Affairs’’ (89 
Fed. Reg. 944 (January 8, 2024)). 
SEC. 4. RATIFICATION AND EXECUTION OF THE NORTH-
EASTERN ARIZONA INDIAN WATER RIGHTS 
SETTLEMENT AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act and to the extent the Settlement Agreement 
does not conflict with this Act, the Settlement 
Agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Settlement Agreement, or to any exhibit attached to 
the Settlement Agreement requiring the signature of 
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the Secretary, is executed in accordance with this 
Act to make the Settlement Agreement consistent 
with this Act, the amendment is authorized, ratified, 
and confirmed, to the extent the amendment is con-
sistent with this Act. 
(b) EXECUTION OF SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—To the extent the Settlement 
Agreement does not conflict with this Act, the Sec-
retary shall execute the Settlement Agreement, in-
cluding all exhibits to the Settlement Agreement re-
quiring the signature of the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary from approving any modification 
to the Settlement Agreement, including any exhibit 
to the Settlement Agreement, that is consistent with 
this Act, to the extent the modification does not oth-
erwise require congressional approval under section 
2116 of the Revised Statutes (25 U.S.C. 177) or 
any other applicable Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Settle-
ment Agreement (including all exhibits to the Settle-
ment Agreement requiring the signature of the Sec-
retary) and this Act, the Secretary shall comply with 
all applicable provisions of— 
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(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other Federal environmental laws 
and regulations. 
(2) COMPLIANCE.—In implementing the Settle-
ment Agreement and this Act, but excluding envi-
ronmental compliance related to the iina´ ba´ – paa 
tuwaqat’si pipeline, the applicable Tribe shall pre-
pare any necessary environmental documents con-
sistent with all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other Federal environmental laws 
and regulations. 
(d) AUTHORIZATIONS.—The Secretary shall— 
(1) independently evaluate the documentation 
submitted under subsection (c)(2); and 
(2) be responsible for the accuracy, scope, and 
contents of that documentation. 
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(e) EFFECT OF EXECUTION.—The execution of the 
Settlement Agreement by the Secretary under this section 
shall not constitute a major Federal action for purposes 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(f) COSTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), any costs associated with the performance 
of the compliance activities under subsection (c) 
shall be paid from funds deposited in the Navajo 
Nation Water Projects Trust Fund Account, the 
Hopi Tribe Groundwater Projects Trust Fund Ac-
count, or the San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account, as ap-
plicable, subject to the condition that any costs asso-
ciated with the performance of Federal approval or 
other review of that compliance work or costs associ-
ated with inherently Federal functions shall remain 
the responsibility of the Secretary. 
(2) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.—Any 
costs associated with the performance of the compli-
ance activities under subsection (c) relating to the 
iina´ ba´ – paa tuwaqat’si pipeline shall be paid from 
funds deposited in the iina´ ba´ – paa tuwaqat’si pipe-
line Implementation Fund Account. 
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SEC. 5. WATER RIGHTS. 
(a) CONFIRMATION OF WATER RIGHTS.— 
(1) IN
GENERAL.—The Water Rights of the 
Navajo Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, the Navajo Allottees, and the 
Hopi Allottees as described in the Settlement Agree-
ment are ratified, confirmed, and declared to be 
valid. 
(2) USE.—Any use of water pursuant to the 
Water Rights described in paragraph (1) by the 
Navajo Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, the Navajo Allottees, or the 
Hopi Allottees shall be subject to the terms and con-
ditions of the Settlement Agreement and this Act. 
(3) CONFLICT.—In the event of a conflict be-
tween the Settlement Agreement and this Act, this 
Act shall control. 
(b) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to the Navajo Allottees benefits that are 
equivalent to, or exceed, the benefits the Navajo Allottees 
possess on the day before the date of enactment of this 
Act, taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Settlement Agreement and this Act; 
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(2) the availability of funding under this Act 
and from other sources; 
(3) the availability of water from the Water 
Rights of the Navajo Nation; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), and this Act to protect the interests of 
the Navajo Allottees. 
(c) WATER RIGHTS TO BE HELD IN TRUST FOR THE 
TRIBES, THE
NAVAJO
ALLOTTEES, AND
THE
HOPI 
ALLOTTEES.—The United States shall hold the following 
Water Rights in trust for the benefit of the Navajo Na-
tion, the Hopi Tribe, the San Juan Southern Paiute Tribe, 
the Navajo Allottees, and the Hopi Allottees: 
(1) 
NAVAJO
NATION
AND
THE
NAVAJO 
ALLOTTEES.—The United States shall hold the fol-
lowing Water Rights in trust for the benefit of the 
Navajo Nation and Navajo Allottees: 
(A) Underground Water described in sub-
paragraph 4.2 of the Settlement Agreement. 
(B) Springs described in subparagraph 4.4 
of the Settlement Agreement. 
(C) Little Colorado River tributary water 
described in subparagraph 4.5 of the Settlement 
Agreement. 
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(4) HOPI
ALLOTTEES.—Water Rights of the 
Hopi Allottees described in subparagraph 5.9 of the 
Settlement Agreement shall not be subject to loss by 
non-use, forfeiture, or abandonment. 
(f) NAVAJO ALLOTTEES.— 
(1) APPLICABILITY OF THE ACT OF FEBRUARY 
8, 1887.—Section 7 of the Act of February 8, 1887 
(24 Stat. 390, chapter 119; 25 U.S.C. 381), shall 
apply to the Water Rights described in subsection 
(c)(1). 
(2) ENTITLEMENT TO WATER.—The rights of 
Navajo Allottees, and the United States acting as 
trustee for Navajo Allottees, to use water on Navajo 
Allotments located on the Navajo Reservation shall 
be satisfied solely from the Water Rights described 
in subsection (c)(1). 
(3) ALLOCATIONS.—A Navajo Allottee shall be 
entitled to a just and equitable distribution of water 
for irrigation purposes. 
(4) CLAIMS.— 
(A) EXHAUSTION OF REMEDIES.—Before 
asserting any claim against the United States 
under section 7 of the Act of February 8, 1887 
(24 Stat. 390, chapter 119; 25 U.S.C. 381), or 
any other applicable law, a Navajo Allottee shall 
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exhaust remedies available under the Navajo 
Nation Water Code or other applicable Navajo 
law. 
(B) ACTION FOR RELIEF.—After the ex-
haustion of all remedies available under the 
Navajo Nation Water Code or other applicable 
Navajo law pursuant to subparagraph (A), a 
Navajo Allottee may seek relief under section 7 
of the Act of February 8, 1887 (24 Stat. 390, 
chapter 119; 25 U.S.C. 381), or other applica-
ble law. 
(5) AUTHORITY OF THE SECRETARY.—The Sec-
retary may protect the rights of Navajo Allottees in 
accordance with this subsection. 
(g) NAVAJO NATION WATER CODE.—To the extent 
necessary, and subject to the approval of the Secretary, 
the Navajo Nation shall amend the Navajo Nation Water 
Code to provide— 
(1) that Use of water by Navajo Allottees shall 
be satisfied with water from the Water Rights de-
scribed in subsection (c)(1); 
(2) a process by which a Navajo Allottee may 
request that the Navajo Nation provide water in ac-
cordance with the Settlement Agreement, including 
the provision of water under any Navajo Allottee 
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lease under section 4 of the Act of June 25, 1910 
(36 Stat. 856, chapter 431; 25 U.S.C. 403); 
(3) a due process system for the consideration 
and determination by the Navajo Nation of any re-
quest of a Navajo Allottee (or a successor in interest 
to a Navajo Allottee) for an allocation of water on 
a Navajo Allotment, including a process for— 
(A) appeal and adjudication of any denied 
or disputed distribution of water; and 
(B) resolution of any contested administra-
tive decision; and 
(4) a requirement that any Navajo Allottee as-
serting a claim relating to the enforcement of rights 
of the Navajo Allottee under the Navajo Nation 
Water Code, including to the quantity of water allo-
cated to land of the Navajo Allottee, shall exhaust 
all remedies available to the Navajo Allottee under 
Navajo law before initiating an action against the 
United States or petitioning the Secretary pursuant 
to subsection (f)(4)(B). 
(h) ACTION BY THE SECRETARY.— 
(1) IN GENERAL.—During the period beginning 
on the date of enactment of this Act and ending on 
the date on which a Navajo Nation Water Code is 
amended pursuant to subsection (g), the Secretary 
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shall administer, with respect to the rights of the 
Navajo Allottees, the Water Rights identified under 
subsection (c)(1). 
(2) APPROVAL.—The Navajo Nation Water 
Code amendments described in subsection (g) shall 
not be valid unless— 
(A) the amendments described in that sub-
section have been approved by the Secretary; 
and 
(B) each subsequent amendment to the 
Navajo Nation Water Code that affects the 
rights of a Navajo Allottee is approved by the 
Secretary. 
(3) APPROVAL PERIOD.— 
(A) APPROVAL
PERIOD.—Except as pro-
vided in subparagraph (B), the Secretary shall 
approve or disapprove the Navajo Nation Water 
Code amendments described in subsection (g) 
not later than 180 days after the date on which 
the amendments are submitted to the Sec-
retary. 
(B) EXTENSION.—The deadline described 
in subparagraph (A) may be extended by the 
Secretary after consultation with the Navajo 
Nation. 
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(i) EFFECT.—Except as otherwise expressly provided 
in this section, nothing in this Act— 
(1) authorizes any action by a Navajo Allottee 
against any individual or entity, or against the Nav-
ajo Nation, under Federal, State, Tribal, or local 
law; or 
(2) alters or affects the status of any action 
brought pursuant to section 1491(a) of title 28, 
United States Code. 
SEC. 6. ALLOCATION AND ASSIGNMENT OF COLORADO 
RIVER WATER TO THE TRIBES; WATER DELIV-
ERY CONTRACTS. 
(a) ALLOCATION AND ASSIGNMENT TO THE NAVAJO 
NATION AND THE HOPI TRIBE.— 
(1) ALLOCATION
AND
ASSIGNMENT
TO
THE 
NAVAJO NATION.— 
(A) NAVAJO NATION UPPER BASIN COLO-
RADO RIVER WATER.— 
(i) STATE AGREEMENT.—Pursuant to 
subparagraph 4.7.1 of the Settlement 
Agreement, the State has expressly agreed 
to the allocation described in clause (ii). 
(ii) ALLOCATION.—44,700 AFY of 
Upper Basin Colorado River Water is allo-
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cated to the Navajo Nation on the En-
forceability Date. 
(B) NAVAJO
NATION
CIBOLA
WATER.— 
Pursuant to subparagraph 4.8.2 of the Settle-
ment Agreement, the State has recommended 
the assignment of Navajo Nation Cibola Water 
by the Hopi Tribe to the Navajo Nation effec-
tive on the Enforceability Date. 
(C) NAVAJO
NATION
FOURTH
PRIORITY 
WATER.— 
(i) STATE
RECOMMENDATION.—Pur-
suant to subparagraph 4.9.1 of the Settle-
ment Agreement, the State has rec-
ommended the allocation described in 
clause (ii). 
(ii) ALLOCATION.—3,500 AFY of 
uncontracted Fourth Priority Water re-
served for Use in a Navajo-Hopi Indian 
Water Rights settlement under paragraph 
11.3 of the Arizona Water Settlement 
Agreement among the United States, the 
State, and CAWCD, as authorized by 
paragraphs (1) and (2) of section 106(a) 
of the Central Arizona Project Settlement 
Act of 2004 (Public Law 108–451; 118 
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Stat. 3492), is allocated to the Navajo Na-
tion on the Enforceability Date. 
(2) ALLOCATION TO HOPI TRIBE AND AMEND-
MENT TO CIBOLA CONTRACT.— 
(A) ARIZONA
HOPI
TRIBE
UPPER
BASIN 
COLORADO RIVER WATER.— 
(i) STATE AGREEMENT.—Pursuant to 
subparagraph 5.7.1 of the Settlement 
Agreement, the State has expressly agreed 
to the allocation described in clause (ii). 
(ii) ALLOCATION.—2,300 AFY of 
Upper Basin Colorado River Water is allo-
cated to the Hopi Tribe on the Enforce-
ability Date. 
(B) HOPI TRIBE CIBOLA WATER.—Pursu-
ant to subparagraph 5.8.1 of the Settlement 
Agreement, the State has recommended the 
amendment of the existing Hopi Tribe Cibola 
Contract to reduce the Fourth Priority Water 
diversion entitlement of the Hopi Tribe to 
4,178 AFY, and to provide for additional Uses 
and places of Use of Hopi Tribe Cibola Water, 
effective on the Enforceability Date. 
(b) COLORADO RIVER WATER USE AND STORAGE.— 
(1) IN GENERAL.— 
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(A) NAVAJO NATION UPPER BASIN COLO-
RADO RIVER WATER AND HOPI TRIBE UPPER 
BASIN COLORADO RIVER WATER.—Navajo Na-
tion Upper Basin Colorado River Water and 
Hopi Tribe Upper Basin Colorado River Water 
may be used at any location within the State. 
(B) NAVAJO NATION CIBOLA WATER, NAV-
AJO
NATION
FOURTH
PRIORITY
WATER, AND 
HOPI
TRIBE
CIBOLA
WATER.—Navajo Nation 
Cibola Water, Navajo Nation Fourth Priority 
Water, and Hopi Tribe Cibola Water may be 
used at any location within the State. 
(C) STORAGE IN ARIZONA.— 
(i) 
IN
GENERAL.—Navajo 
Nation 
Upper Basin Colorado River Water, Nav-
ajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper 
Basin Colorado River Water, and Hopi 
Tribe Cibola Water may be stored at un-
derground storage facilities or Ground-
water savings facilities located— 
(I) within the Navajo Reservation 
in accordance with Navajo law, or 
State law if mutually agreed to by the 
Navajo Nation and the State; 
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(II) within the Hopi Reservation 
in accordance with Hopi law, or State 
law if mutually agreed to by the Hopi 
Tribe and the State; 
(III) on any other Indian res-
ervation located in the State in ac-
cordance with applicable law; and 
(IV) within the State and outside 
of any Indian reservation in accord-
ance with State law. 
(ii) STORAGE CREDITS.— 
(I) IN
GENERAL.—The Navajo 
Nation and the Hopi Tribe may as-
sign any long-term storage credits ac-
crued as a result of storage under 
clause (i) in accordance with applica-
ble law. 
(II) 
STORAGE
PURSUANT
TO 
TRIBAL LAW.—Any water stored pur-
suant to Tribal law may only be re-
covered on the Indian reservation 
where the water was stored. 
(D) 
TRANSPORTATION
OF
WATER 
THROUGH THE CAP SYSTEM.—The Navajo Na-
tion or the Hopi Tribe may transport Navajo 
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Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper 
Basin Colorado River Water, and Hopi Tribe 
Cibola Water through the CAP system for stor-
age or Use in accordance with all laws of the 
United States and the agreements between the 
United States and CAWCD governing the Use 
of the CAP system to transport water other 
than CAP Water, subject to payment of appli-
cable charges. 
(2) STORAGE IN NEW MEXICO.— 
(A) IN
GENERAL.—The Navajo Nation 
may store its Navajo Nation Upper Basin Colo-
rado River Water, Navajo Nation Cibola Water, 
and Navajo Nation Fourth Priority Water at 
the Navajo Reservoir and the Frank Chee 
Willetto, Sr. Reservoir in New Mexico, subject 
to the condition that the water stored at the 
Navajo Reservoir or the Frank Chee Willetto, 
Sr. Reservoir is subsequently transported to the 
State for Use in the State. 
(B) CREDIT AGAINST UPPER BASIN COLO-
RADO RIVER WATER.— 
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(i) IN
GENERAL.—Any storage of 
Navajo Nation Upper Basin Colorado 
River Water in the Navajo Reservoir or the 
Frank Chee Willetto, Sr. Reservoir shall be 
credited against Upper Basin Colorado 
River Water in the year in which the diver-
sions for storage in the Reservoir occurs. 
(ii) ACCOUNTING.—Water described 
in clause (i) shall be accounted for and re-
ported by the Secretary separately from 
any other water stored in the Navajo Res-
ervoir or the Frank Chee Willetto, Sr. Res-
ervoir. 
(C) CREDIT AGAINST STATE APPORTION-
MENT
OF
LOWER
BASIN
COLORADO
RIVER 
WATER.— 
(i) IN
GENERAL.—Any storage of 
Navajo Nation Cibola Water or Navajo 
Nation Fourth Priority Water in the Nav-
ajo Reservoir or the Frank Chee Willetto, 
Sr. Reservoir shall be credited against the 
apportionment of the State of Lower Basin 
Colorado River Water in the year in which 
the diversion for storage in the Navajo 
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Reservoir or Frank Chee Willetto, Sr. Res-
ervoir occurs. 
(ii) ACCOUNTING.—Water described 
in clause (i) shall be accounted for and re-
ported by the Secretary separately from 
any other water stored in the Navajo Res-
ervoir or the Frank Chee Willetto, Sr. Res-
ervoir. 
(3) NO USE OUTSIDE ARIZONA.— 
(A) NAVAJO
NATION.—The Navajo Na-
tion— 
(i) may divert its Navajo Nation 
Upper Basin Colorado River Water, Nav-
ajo Nation Cibola Water, and Navajo Na-
tion Fourth Priority Water in the State, 
New Mexico, and Utah; and 
(ii) with the exception of storage in 
the Navajo Reservoir and Frank Chee 
Willetto, Sr. Reservoir in New Mexico 
under paragraph (2), may not use, lease, 
exchange, forbear, or otherwise transfer 
any of the water for Use directly or indi-
rectly outside of the State. 
(B) HOPI TRIBE.—The Hopi Tribe— 
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(i) may divert its Hopi Tribe Upper 
Basin Colorado River Water and Hopi 
Tribe Cibola Water in the State; and 
(ii) may not use, lease, exchange, for-
bear, or otherwise transfer any of the 
water described in clause (i) for Use di-
rectly or indirectly outside of the State. 
(4) STORAGE CONTRACT REQUIREMENTS.— 
(A) IN GENERAL.—All contracts to store 
Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water or Hopi 
Tribe Cibola Water shall identify— 
(i) the place of storage of the water; 
(ii) the mechanisms for delivery of the 
water; and 
(iii) each point of diversion under the 
applicable contract. 
(B) CONFLICTS.—A contract to store Nav-
ajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper 
Basin Colorado River Water, or Hopi Tribe 
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Cibola Water shall not conflict with the Settle-
ment Agreement or this Act. 
(c) WATER DELIVERY CONTRACTS.—The Secretary 
shall enter into the following water delivery contracts, 
which shall be without limit as to term: 
(1) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACTS FOR NAVAJO NATION UPPER BASIN COLO-
RADO RIVER WATER.— 
(A) IN
GENERAL.—The Secretary shall 
enter into a water delivery contract with the 
Navajo Nation for Navajo Nation Upper Basin 
Colorado River Water in accordance with the 
Settlement Agreement, which shall provide for, 
among other things— 
(i) the delivery of up to 44,700 AFY 
of Navajo Nation Upper Basin Colorado 
River Water; 
(ii) 1 or more points of diversion in 
the State, New Mexico, and Utah; 
(iii) 1 or more storage locations at 
any place within the State and in the Nav-
ajo Reservoir and the Frank Chee Willetto, 
Sr. Reservoir in New Mexico; 
(iv) Use at any location within the 
State; and 
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(v) delivery of Navajo Nation Upper 
Basin Colorado River Water to the Navajo 
Nation’s lessees and exchange partners in 
the Upper Basin and the Lower Basin 
within the State. 
(B) 
EXISTING
WATER
SERVICE
CON-
TRACT.— 
(i) IN GENERAL.—Water Service Con-
tract No. 09–WC–40–318 between the 
United States and the Navajo Nation 
dated December 23, 2009, for the delivery 
of up to 950 AFY of water from Lake 
Powell to the Navajo Nation for municipal 
and industrial Use within the Community 
of LeChee shall be replaced with a Navajo 
Nation Water Delivery Contract for the de-
livery of Navajo Nation Upper Basin Colo-
rado River Water that complies with sub-
paragraph (A). 
(ii) TERMINATION.—As provided in 
the Settlement Agreement, on the Enforce-
ability Date, the water service contract de-
scribed in clause (i) shall terminate. 
(2) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACT FOR NAVAJO NATION CIBOLA WATER.—The 
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Secretary shall enter into a water delivery contract 
with the Navajo Nation for the Navajo Nation 
Cibola Water in accordance with the Settlement 
Agreement, which shall provide for, among other 
things— 
(A)(i) the diversion of up to 100 AFY at 
the location and for the same Uses described in 
the Hopi Tribe Existing Cibola Contract; or 
(ii) delivery and consumptive use of up to 
71.5 AFY at locations and for Uses within the 
State other than as described in the Hopi Tribe 
Existing Cibola Contract; 
(B) 1 or more points of diversion in the 
State, New Mexico, and Utah; 
(C) storage in any location within the 
State and in the Navajo Reservoir and the 
Frank Chee Willetto, Sr. Reservoir in New 
Mexico; 
(D) Use at any location within the State; 
(E) delivery of Navajo Nation Cibola 
Water to the Navajo Nation’s lessees and ex-
change partners in the Upper Basin and the 
Lower Basin within the State; and 
(F) curtailment as provided in subsection 
(e). 
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(3) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACT
FOR
NAVAJO
NATION
FOURTH
PRIORITY 
WATER.—The Secretary shall enter into a water de-
livery contract with the Navajo Nation for Navajo 
Nation Fourth Priority Water in accordance with 
the Settlement Agreement, which shall provide for, 
among other things— 
(A) delivery of up to 3,500 AFY of Navajo 
Nation Fourth Priority Water; 
(B) 1 or more points of diversion in the 
State, New Mexico, and Utah; 
(C) storage in any location within the 
State and in the Navajo Reservoir and the 
Frank Chee Willetto, Sr. Reservoir in New 
Mexico; 
(D) Use at any location within the State; 
(E) delivery of Navajo Nation Fourth Pri-
ority Water to the Navajo Nation’s lessees and 
exchange partners in the Upper Basin and the 
Lower Basin within the State; and 
(F) curtailment as provided in subsection 
(e). 
(4) HOPI
TRIBE
DELIVERY
CONTRACTS
FOR 
HOPI
TRIBE
UPPER
BASIN
COLORADO
RIVER 
WATER.—The Secretary shall enter into a water de-
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livery contract with the Hopi Tribe for Hopi Tribe 
Upper Basin Colorado River Water in accordance 
with the Settlement Agreement, which shall provide 
for, among other things— 
(A) the delivery of up to 2,300 AFY of 
Hopi Tribe Upper Basin Colorado River Water; 
(B) 1 or more points of diversion in the 
State, including Lake Powell; 
(C) 1 or more storage locations at any 
place within the State; 
(D) Use at any location within the State; 
and 
(E) delivery of Hopi Tribe Upper Basin 
Colorado River Water to the Hopi Tribe’s les-
sees and exchange partners in the Upper Basin 
and the Lower Basin within the State. 
(5) HOPI TRIBE WATER DELIVERY CONTRACT 
FOR
HOPI
TRIBE
CIBOLA
WATER.—The Secretary 
shall enter into a water delivery contact with the 
Hopi Tribe for Hopi Tribe Cibola Water in accord-
ance with the Settlement Agreement, which shall 
provide for, among other things— 
(A) the delivery of up to 4,178 AFY of 
Fourth Priority water, 750 AFY of Fifth Pri-
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ority Water, and 1,000 AFY of Sixth Priority 
Water; 
(B) 1 or more points of diversion in the 
State, including Lake Powell; 
(C) storage in any location within the 
State; 
(D) Use at any location within the State, 
consistent with subparagraph 5.8.3 of the Set-
tlement Agreement; 
(E) delivery of Hopi Tribe Cibola Water to 
the Hopi Tribe’s lessees and exchange partners 
in the Upper Basin and Lower Basin within the 
State; and 
(F) curtailment as provided in subsection 
(e). 
(d) REQUIREMENTS AND LIMITATIONS APPLICABLE 
TO WATER DELIVERY CONTRACTS.—The Navajo Nation 
Water Delivery Contracts and Hopi Tribe Water Delivery 
Contracts shall be subject to the following requirements 
and limitations: 
(1) Except for storage by the Navajo Nation at 
the Navajo Reservoir and the Frank Chee Willetto, 
Sr. Reservoir in New Mexico, a water delivery con-
tract shall not permit the Use of the water outside 
of the State. 
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(2) A water delivery contract shall not, either 
temporarily or permanently, alter or reduce the an-
nual Lower Basin apportionment of the State pursu-
ant to the Boulder Canyon Project Act (43 U.S.C. 
617 et seq.) and the Decree, or annual Upper Basin 
apportionment pursuant to the Upper Colorado 
River Basin Compact, as ratified and reprinted in 
article 3 of chapter 7 of title 45, Arizona Revised 
Statutes. 
(3) Nothing in a water delivery contract shall 
alter or impair the rights, authorities, and interests 
of the State under the Boulder Canyon Project Act 
(43 U.S.C. 617 et seq.), the contract between the 
United States and the State dated February 9, 
1944, the Upper Colorado River Basin Compact of 
1948, as ratified and reprinted in article 3 of chap-
ter 7 of title 45, Arizona Revised Statutes, or the 
Decree. 
(4) A water delivery contract shall not limit the 
ability of the State to seek or advocate changes in 
the operating rules, criteria, or guidelines of the Col-
orado River System as those rules, criteria, or guide-
lines apply to the apportionments of the State from 
the Upper Basin and the Lower Basin of the Colo-
rado River. 
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(7) A water delivery contract shall not prejudice 
the interests of the State, or serve as precedent 
against the State, in any litigation relating to the 
apportionment, diversion, storage, or Use of water 
from the Colorado River System. 
(8) In the case of a conflict between a water de-
livery contract and this Act or the Settlement Agree-
ment, this Act or the Settlement Agreement shall 
control. 
(9) Any material amendment or modification of 
a water delivery contract shall comply with, and be 
subject to, all requirements and limitations for the 
water delivery contract, as described in the Settle-
ment Agreement and this Act. 
(10) A water delivery contract shall become ef-
fective on the Enforceability Date and, once effec-
tive, shall be permanent and without limit as to 
term. 
(11) The United States shall waive Colorado 
River Storage Project standby charges and delivery 
charges and annual administration fees for water de-
livered pursuant to a water delivery contract. 
(e) CURTAILMENT.— 
(1) NAVAJO NATION CIBOLA WATER AND NAV-
AJO NATION FOURTH PRIORITY WATER.—Delivery of 
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Navajo Nation Cibola Water and Navajo Nation 
Fourth Priority Water, regardless of the point of di-
version, shall be subject to reduction in any year in 
which a shortage is declared to the same extent as 
other non-CAP Fourth Priority Water. 
(2) OTHER
LOWER
BASIN
COLORADO
RIVER 
WATER ACQUIRED BY THE NAVAJO NATION.—Any 
other Lower Basin Colorado River Water that the 
Navajo Nation may acquire shall be subject to re-
duction in any year in which a shortage is declared 
in accordance with criteria applied by the Secretary 
to water of the same priority. 
(3) HOPI TRIBE CIBOLA WATER.— 
(A) FOURTH PRIORITY.—Delivery of Hopi 
Tribe Cibola Water of fourth priority, regard-
less of the point of diversion, shall be subject to 
reduction in any year in which a shortage is de-
clared to the same extent as other non-CAP 
Fourth Priority Water. 
(B) FIFTH
PRIORITY.—Delivery of Hopi 
Tribe Cibola Water of fifth priority, regardless 
of the point of diversion, shall be subject to re-
duction in any year in which a shortage is de-
clared to the same extent as other Fifth Pri-
ority Water. 
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(4) OTHER
LOWER
BASIN
COLORADO
RIVER 
WATER ACQUIRED BY THE HOPI TRIBE.—Any other 
Lower Basin Colorado River Water that the Hopi 
Tribe may acquire shall be subject to reduction in 
any year in which a shortage is declared in accord-
ance with criteria applied by the Secretary to water 
of the same priority. 
(f) USE OF THE COLORADO RIVER MAINSTREAM AND 
SAN JUAN RIVER.— 
(1) IN GENERAL.—The Secretary may use— 
(A) the Colorado River mainstream and 
dams and works on the mainstream controlled 
or operated by the United States, which regu-
late the flow of water in the mainstream or the 
diversion of water from the mainstream in the 
Upper Basin or the Lower Basin to transport 
and deliver Navajo Nation Upper Basin Colo-
rado River Water, Hopi Tribe Upper Basin Col-
orado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, 
and Hopi Tribe Cibola Water; and 
(B) the San Juan River and the dams and 
works described in subparagraphs 4.7.5, 4.8.4, 
and 4.9.4 of the Settlement Agreement to 
transport, store, and deliver Navajo Nation 
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Upper Basin Colorado River Water, Navajo Na-
tion Cibola Water, and Navajo Nation Fourth 
Priority Water. 
(2) NAVAJO NATION UPPER BASIN COLORADO 
RIVER WATER; HOPI TRIBE UPPER BASIN COLORADO 
RIVER WATER.—Navajo Nation Upper Basin Colo-
rado River Water or Hopi Tribe Upper Basin Colo-
rado River Water that enters the Lower Basin at 
Lee Ferry shall— 
(A) retain its character as Upper Basin 
Colorado River Water; and 
(B) be accounted for separately by the Sec-
retary in a manner such that the Navajo Na-
tion Upper Basin Colorado River Water or the 
Hopi Tribe Upper Basin Colorado River Water 
is not subject to paragraphs II(A) and II(B) of 
the Decree. 
(3) SAN JUAN RIVER.—Navajo Nation Upper 
Basin Colorado River Water that enters the San 
Juan River and the dams and works described in 
subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settle-
ment Agreement shall retain its character as Upper 
Basin Colorado River Water, but if Navajo Nation 
Upper Basin Colorado River Water spills from dams 
on the San Juan River described in subparagraphs 
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4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement, 
that water shall become part of the San Juan River 
system. 
(g) ACQUISITIONS OF ENERGY.—Amounts of energy 
needed to deliver water to the Navajo Nation, the Hopi 
Tribe, or the San Juan Southern Paiute Tribe shall be 
acquired by the Tribes. 
(h) REPORTING
BY NAVAJO NATION
AND HOPI 
TRIBE.— 
(1) NAVAJO NATION.— 
(A) IN GENERAL.—Beginning on March 1 
of the first year following the year in which the 
Enforceability Date occurs, and on March 1 of 
each year thereafter, the Navajo Nation shall 
submit to the Arizona Department of Water 
Resources a report describing— 
(i) the annual diversion amount, point 
of diversion, and places of Use of Navajo 
Nation 
Upper 
Basin 
Colorado 
River 
Water; 
(ii) the annual diversion amount, 
point of diversion, and places of Use of 
Navajo Nation Cibola Water; 
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(iii) the annual diversion amount, 
point of diversion, and places of Use of 
Navajo Nation Fourth Priority Water; 
(iv) the location and annual amount 
of any off-Reservation storage of Navajo 
Nation 
Upper 
Basin 
Colorado 
River 
Water, Navajo Nation Cibola Water, and 
Navajo Nation Fourth Priority Water; 
(v) the amount of an off-Reservation 
exchange involving Navajo Nation Upper 
Basin Colorado River Water, Navajo Na-
tion Cibola Water, and Navajo Nation 
Fourth Priority Water; and 
(vi) the location and annual amount 
of Navajo Nation Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, 
and Navajo Nation Fourth Priority Water 
leased off-Reservation. 
(B) 
MEASUREMENT
OF
DIVERTED 
WATER.— 
(i) IN GENERAL.—In order to accu-
rately measure the flow of water diverted 
in the Upper Basin for Use by the Navajo 
Nation in the State, the Navajo Nation 
shall install suitable measuring devices at 
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or near each point of diversion of Navajo 
Nation 
Upper 
Basin 
Colorado 
River 
Water, Navajo Nation Cibola Water, and 
Navajo Nation Fourth Priority Water from 
the Colorado River’s mainstem in the 
Upper Basin and the San Juan River in 
the Upper Basin. 
(ii) NOTIFICATION.—The Navajo Na-
tion shall notify the Arizona Department 
of Water Resources, in writing, of any an-
nual reporting conflicts between the Bu-
reau, the Navajo Nation, or the Upper Col-
orado River Commission prior to the com-
pletion by the Bureau of the annual ‘‘Colo-
rado River Accounting and Water Use Re-
port for the Lower Basin’’. 
(2) HOPI TRIBE.— 
(A) IN GENERAL.—Beginning on March 1 
of the first year following the year in which the 
Enforceability Date occurs, and on March 1 of 
each year thereafter, the Hopi Tribe shall sub-
mit to the Arizona Department of Water Re-
sources a report describing— 
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each point of diversion of Hopi Tribe 
Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water from the Colo-
rado River’s mainstem in the Upper Basin. 
(ii) NOTIFICATION.—The Hopi Tribe 
shall notify the Arizona Department of 
Water Resources, in writing, of any annual 
reporting conflicts between the Bureau, the 
Hopi Tribe, or the Upper Colorado River 
Commission prior to the completion by the 
Bureau of the annual ‘‘Colorado River Ac-
counting and Water Use Report for the 
Lower Basin’’. 
SEC. 
7. 
COLORADO 
RIVER 
WATER 
LEASES 
AND 
EX-
CHANGES; USES. 
(a) IN GENERAL.—Subject to approval by the Sec-
retary— 
(1) the Navajo Nation may enter into leases, or 
options to lease, or exchanges, or options to ex-
change, Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, and Navajo 
Nation Fourth Priority Water, for Use and storage 
in the State, in accordance with the Settlement 
Agreement and all applicable Federal and State laws 
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governing the transfer of Colorado River Water enti-
tlements within the State; and 
(2) the Hopi Tribe may enter into leases, or op-
tions to lease, or exchanges, or options to exchange, 
Hopi Tribe Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water for Use and storage in the 
State, in accordance with the Settlement Agreement 
and all applicable Federal and State laws governing 
the transfer of Colorado River Water entitlements 
within the State. 
(b) TERMS OF LEASES AND EXCHANGES.— 
(1) ON-RESERVATION LEASING.— 
(A) IN
GENERAL.—The Navajo Nation 
may lease the Navajo Nation Upper Basin Col-
orado River Water, the Navajo Nation Cibola 
Water, and the Navajo Nation Fourth Priority 
Water for Use or storage on the Navajo Res-
ervation and the Hopi Tribe may lease Hopi 
Tribe Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water for Use or storage on 
the Hopi Reservation. 
(B) REQUIREMENTS.—A lease or option to 
lease under subparagraph (A) shall be subject 
to— 
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(i) the leasing regulations of the Nav-
ajo Nation or Hopi Tribe, as applicable; 
and 
(ii) subsections (a) and (e) of the first 
section of the Act of August 9, 1955 (69 
Stat. 539, chapter 615; 25 U.S.C. 415) 
(commonly known as the ‘‘Long-Term 
Leasing Act’’). 
(2) EXCHANGES AND OFF-RESERVATION LEAS-
ING.— 
(A) NAVAJO NATION LEASING.—Subject to 
approval by the Secretary for an off-Reserva-
tion lease, the Navajo Nation may lease Navajo 
Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, and Navajo Na-
tion Fourth Priority Water for Use or storage 
off of the Navajo Reservation anywhere within 
the State, in accordance with the Settlement 
Agreement and all applicable Federal and State 
laws governing the transfer of Colorado River 
Water within the State. 
(B) HOPI TRIBE LEASING.—Subject to ap-
proval by the Secretary for an off-Reservation 
lease, the Hopi Tribe may lease Hopi Tribe 
Upper Basin Colorado River Water and Hopi 
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Tribe Cibola Water for Use or storage off of 
the Hopi Reservation anywhere within the 
State, in accordance with the Settlement Agree-
ment and all applicable Federal and State laws 
governing the transfer of Colorado River Water 
within the State. 
(C) TERM OF LEASES AND EXCHANGES.— 
(i) LEASES.—A contract to lease and 
an option to lease off of the Reservation 
under subparagraph (A) or (B), as applica-
ble, shall be for a term not to exceed 100 
years. 
(ii) EXCHANGES.—An exchange or op-
tion to exchange shall be for the term pro-
vided for in the exchange or option, as ap-
plicable. 
(D) 
RENEGOTIATION; 
RENEWAL.—The 
Navajo Nation and the Hopi Tribe may, with 
the approval of the Secretary, renegotiate any 
lease described in subparagraph (A) or (B), as 
applicable, at any time during the term of that 
lease, subject to the condition that the term of 
the renegotiated lease off of the Reservation 
may not exceed 100 years. 
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(3) REQUIREMENTS FOR ALL CONTRACTS TO 
LEASE
AND
CONTRACTS
TO
EXCHANGE.—All con-
tracts to lease or exchange Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Colorado River Water, and Hopi Tribe 
Cibola Water shall— 
(A) identify the places of Use of the water, 
the purpose of the Uses of the water during the 
term of the contract, the mechanisms for deliv-
ery of the water, and each point of diversion 
under the contract; and 
(B) provide that the water received from 
the Navajo Nation or the Hopi Tribe, as appli-
cable, shall be used in accordance with applica-
ble law. 
(4) NO CONFLICT WITH SETTLEMENT AGREE-
MENT OR THIS ACT.—A contract to lease or ex-
change Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, or Hopi Tribe Cibola Water 
shall not conflict with the Settlement Agreement or 
this Act. 
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(c) PROHIBITION ON PERMANENT ALIENATION.—No 
Navajo Nation Upper Basin Colorado River Water, Nav-
ajo Nation Cibola Water, Navajo Nation Fourth Priority 
Water, Hopi Tribe Upper Basin Colorado River Water, 
or Hopi Tribe Cibola Water may be permanently alien-
ated. 
(d) ENTITLEMENT TO LEASE AND EXCHANGE MON-
IES.— 
(1) ENTITLEMENT.—The Navajo Nation or the 
Hopi Tribe, as applicable, shall be entitled to all 
consideration due to the Navajo Nation or Hopi 
Tribe under any lease, option to lease, exchange, or 
option to exchange Navajo Nation Upper Basin Col-
orado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, or Hopi Tribe 
Cibola Water entered into by the Navajo Nation or 
the Hopi Tribe. 
(2) EXCLUSION.—The United States shall not, 
in any capacity, be entitled to the consideration de-
scribed in paragraph (1). 
(3) OBLIGATION OF THE UNITED STATES.—The 
United States shall not, in any capacity, have any 
trust or other obligation to monitor, administer, or 
account for, in any manner, any funds received by 
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the Navajo Nation or the Hopi Tribe as consider-
ation under any lease, option to lease, exchange, or 
option to exchange Navajo Nation Upper Basin Col-
orado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, and Hopi Tribe 
Cibola Water entered into by the Navajo Nation or 
the Hopi Tribe. 
(e) DELIVERY OF COLORADO RIVER WATER TO LES-
SEES.—All lessees of Navajo Nation Upper Basin Colo-
rado River Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water shall 
pay all OM&R charges, all energy charges, and all other 
applicable charges associated with the delivery of the 
leased water. 
(f) 
DELIVERY
OF
COLORADO
RIVER
WATER 
THROUGH THE CAP SYSTEM.— 
(1) CAWCD
APPROVAL.—The Navajo Nation, 
the Hopi Tribe, or any person who leases Navajo 
Nation Upper Basin Colorado River Water, Navajo 
Nation Cibola Water, Navajo Nation Fourth Priority 
Water, Hopi Tribe Upper Basin Colorado River 
Water, and Hopi Tribe Cibola Water under sub-
section (a) may transport that Navajo Nation Upper 
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Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water, or Hopi 
Tribe Cibola Water, as applicable, through the CAP 
system in accordance with all laws of the United 
States and the agreements between the United 
States and CAWCD governing the use of the CAP 
system to transport water other than CAP water, 
and other applicable charges. 
(2) LESSEE RESPONSIBILITY FOR CHARGES.— 
Any lease or option to lease providing for the tem-
porary delivery of Navajo Nation Upper Basin Colo-
rado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, and Hopi Tribe 
Cibola Water through the CAP system shall require 
the lessee to pay the CAP operating agency all CAP 
fixed OM&R charges and all CAP pumping energy 
charges associated with the delivery of the leased 
water, and other applicable charges. 
(3) NO RESPONSIBILITY FOR PAYMENT.—The 
Navajo Nation, the Hopi Tribe, and the United 
States acting in any capacity shall not be responsible 
for the payment of any charges associated with the 
delivery of Colorado River Water leased to others. 
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(4) PAYMENT IN ADVANCE.—No leased Navajo 
Nation Upper Basin Colorado River Water, Navajo 
Nation Cibola Water, Navajo Nation Fourth Priority 
Water, Hopi Tribe Upper Basin Colorado River 
Water, or Hopi Tribe Cibola Water shall be deliv-
ered through the CAP system unless the CAP fixed 
OM&R charges, the CAP pumping energy charges, 
and other applicable charges associated with the de-
livery of that Navajo Nation Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe Upper 
Basin Colorado River Water, or Hopi Tribe Cibola 
Water, as applicable, have been paid in advance. 
(5) CALCULATION.—The charges for delivery of 
Navajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation Fourth 
Priority Water, Hopi Tribe Upper Basin Colorado 
River Water, and Hopi Tribe Cibola Water delivered 
through the CAP system pursuant to a lease shall 
be calculated in accordance with the agreements be-
tween the United States and CAWCD governing the 
use of the CAP system to transport water other 
than CAP water. 
SEC. 8. IINA´ BA´ – PAA TUWAQAT’SI PIPELINE. 
(a) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.— 
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(1) PLANNING, DESIGN, AND CONSTRUCTION OF 
THE IINA´ BA´ – PAA TUWAQAT’SI PIPELINE.— 
(A) IN GENERAL.—The Secretary, acting 
through the Commissioner of Reclamation, shall 
plan, design, and construct the iina´ ba´ – paa 
tuwaqat’si pipeline. 
(B) 
PROJECT
CONSTRUCTION
COM-
MITTEE.—As provided in subparagraph 12.1.4 
of the Settlement Agreement, the Secretary 
shall form a Project Construction Committee, 
which shall include the Navajo Nation, the Hopi 
Tribe, and the San Juan Southern Paiute 
Tribe, for purposes of planning and designing 
the iina´ ba´ – paa tuwaqat’si pipeline to provide 
water delivery to the Navajo Reservation, the 
Hopi Reservation, and the San Juan Southern 
Paiute Southern Area. 
(C) 
DESIGN.—The 
iina´
ba´
– 
paa 
tuwaqat’si pipeline shall be substantially config-
ured as Alternative 5, Option B-100 described 
in the report of the Bureau entitled ‘‘Navajo- 
Hopi Value Planning Study—Arizona’’ and 
dated October 2020. 
(D) EXISTING COMPONENTS.—The iina´ ba´ 
– paa tuwaqat’si pipeline may include compo-
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nents that have already been built or acquired 
by the Navajo Nation or the Hopi Tribe as a 
contribution by the Navajo Nation or the Hopi 
Tribe towards the cost of planning, designing, 
and constructing the pipeline. 
(E) USE OF PIPELINE.—The iina´ ba´ – paa 
tuwaqat’si pipeline shall deliver potable water 
for domestic, commercial, municipal, and indus-
trial Uses and be capable of delivering from 
Lake Powell— 
(i) up to 7,100 AFY of potable Colo-
rado River Water to the Navajo Nation for 
Use in delivering up to 6,750 AFY to serve 
Navajo communities and up to 350 AFY 
to serve the San Juan Southern Paiute 
Southern Area; and 
(ii) up to 3,076 AFY of potable Colo-
rado River Water to the Hopi Tribe for 
Use in delivering up to 3,076 AFY to serve 
Hopi communities. 
(F) 
COMMENCEMENT
OF
CONSTRUC-
TION.—Construction of the iina´
ba´
– paa 
tuwaqat’si pipeline shall commence after envi-
ronmental 
compliance, 
design, 
construction 
phasing, cost estimating, and value engineering 
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have occurred and the phasing of construction 
has been agreed by the Secretary, the Navajo 
Nation, and the Hopi Tribe, with the Secretary 
deciding on phasing if an agreement is not 
reached. 
(2) OWNERSHIP.— 
(A) IN
GENERAL.—The iina´ ba´ – paa 
tuwaqat’si pipeline shall be owned by the 
United States during construction of the iina´ ba´ 
– paa tuwaqat’si pipeline. 
(B) TRANSFER OF OWNERSHIP.—On sub-
stantial completion of all or a phase of the iina´ 
ba´ – paa tuwaqat’si pipeline, in accordance with 
paragraph (3), the Secretary shall— 
(i) transfer title to the applicable sec-
tion of the iina´ ba´ – paa tuwaqat’si pipe-
line on the Navajo Reservation, except that 
section that lies on the Navajo Reservation 
between Moenkopi and the boundary of the 
1882 Reservation, to the Navajo Nation; 
and 
(ii) transfer title to the applicable sec-
tion of the iina´ ba´ – paa tuwaqat’si pipe-
line on the Hopi Reservation, and the sec-
tion of the iina´ ba´ – paa tuwaqat’si pipe-
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line that lies on the Navajo Reservation be-
tween Moenkopi and the boundary of the 
1882 Reservation and the right-of-way for 
that section of the iina´ ba´ – paa tuwaqat’si 
pipeline, to the Hopi Tribe. 
(3) SUBSTANTIAL COMPLETION.— 
(A) IN GENERAL.—The Secretary shall de-
termine that the iina´ ba´ – paa tuwaqat’si pipe-
line or a phase of the iina´ ba´ – paa tuwaqat’si 
pipeline is substantially complete after consulta-
tion with the Navajo Nation and the Hopi 
Tribe. 
(B) 
SUBSTANTIAL
COMPLETION
DE-
SCRIBED.—Substantial completion of the iina´ 
ba´ – paa tuwaqat’si pipeline project or a phase 
of the iina´ ba´ – paa tuwaqat’si pipeline project 
occurs when the infrastructure constructed is 
capable of storing, diverting, treating, transmit-
ting, and distributing a supply of water as set 
forth in the final project design described in 
subsection (a)(1)(C). 
(4) OPERATION.— 
(A) PROJECT
OPERATION
COMMITTEE.— 
The Secretary shall form a Project Operation 
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Committee, which shall include the Navajo Na-
tion and the Hopi Tribe— 
(i) to develop a project operations 
agreement to be executed by the Navajo 
Nation, the Hopi Tribe, and the Secretary 
prior to substantial completion of any 
phase of the iina´ ba´ – paa tuwaqat’si pipe-
line that will provide water to the Navajo 
Nation and the Hopi Tribe; and 
(ii) to describe all terms and condi-
tions necessary for long-term operations of 
the iina´ ba´ – paa tuwaqat’si pipeline, in-
cluding— 
(I) distribution of water; 
(II) responsibility for mainte-
nance of the iina´ ba´ – paa tuwaqat’si 
pipeline or section of the iina´ ba´ – paa 
tuwaqat’si pipeline; 
(III) the allocation and payment 
of annual OM&R costs of the iina´ ba´ 
– paa tuwaqat’si pipeline or section of 
the iina´ ba´ – paa tuwaqat’si pipeline 
based on the proportionate uses and 
ownership of the iina´
ba´
– paa 
tuwaqat’si pipeline; and 
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(IV) a right to sue in a district 
court of the United States to enforce 
the project operations agreement. 
(B) 
NAVAJO
TRIBE
OPERATION.—The 
Navajo Nation shall operate the section of the 
iina´ ba´ – paa tuwaqat’si pipeline that delivers 
water to the Navajo communities, other than 
Coal Mine Mesa, and that may deliver water 
through the iina´ ba´ – paa tuwaqat’si pipeline to 
the San Juan Southern Paiute Tribe. 
(C) HOPI TRIBE OPERATION.—The Hopi 
Tribe shall operate the section of the iina´ ba´ – 
paa tuwaqat’si pipeline that delivers water to 
Moenkopi, the 1882 Reservation, and the Nav-
ajo community of Coal Mine Mesa. 
(b) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
(1) IN GENERAL.—In partial consideration for 
the funding provided under section 13, the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern 
Paiute Tribe shall each timely consent to the grant 
of rights-of-way as described in, and in accordance 
with, subparagraphs 12.5.1, 12.5.2, and 12.5.3 of 
the Settlement Agreement. 
(2) LEGAL DEVICES.—With the consent of each 
affected Tribe, the Secretary may enter into legal 
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devices, other than rights-of-way, such as construc-
tion corridors, when operating within the jurisdiction 
of the Navajo Nation, Hopi Tribe, or San Juan 
Southern Paiute Tribe in furtherance of the plan-
ning, design, and construction of the iina´ ba´ – paa 
tuwaqat’si pipeline. 
(3) 
AUTHORIZATION
AND
GRANTING
OF 
RIGHTS-OF-WAY.—The Secretary shall grant the 
rights-of-way consented to by the Tribes under para-
graph (1). 
SEC. 9. IINA´ BA´ – PAA TUWAQAT’SI PIPELINE IMPLEMENTA-
TION FUND ACCOUNT. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a non-trust, interest-bearing account, to be known as the 
‘‘iina´ ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account’’, to be managed and distributed by the Sec-
retary, for use by the Secretary in carrying out this Act. 
(b) DEPOSITS.—The Secretary shall deposit in the 
iina´ ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account the amounts made available pursuant to section 
13(a)(1). 
(c) USES.—The iina´ ba´ – paa tuwaqat’si pipeline Im-
plementation Fund Account shall be used by the Secretary 
to carry out section 8. 
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(d) INTEREST.—In addition the amounts deposited in 
the iina´ ba´ – paa tuwaqat’si pipeline Implementation 
Fund Account under subsection (b), any investment earn-
ings, including interest credited to amounts unexpended 
in the iina´ ba´ – paa tuwaqat’si pipeline Implementation 
Fund Account, are authorized to be appropriated to be 
used in accordance with the uses described in subsection 
(c). 
SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST 
FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the Navajo Nation, to be known as the 
‘‘Navajo Nation Water Settlement Trust Fund,’’ to be 
managed, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or reverted 
to the general fund of the Treasury, consisting of the 
amounts deposited in the Navajo Nation Water Settlement 
Trust Fund under subsection (c), together with any in-
vestment earnings, including interest, earned on those 
amounts, for the purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Navajo Nation Water Settlement Trust Fund the fol-
lowing accounts: 
(1) The Navajo Nation Water Projects Trust 
Fund Account. 
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(2) The Navajo Nation OM&R Trust Fund Ac-
count. 
(3) The Navajo Nation Agricultural Conserva-
tion Trust Fund Account. 
(4) The Navajo Nation Renewable Energy 
Trust Fund Account. 
(5) The Navajo Nation Lower Basin Colorado 
River Water Acquisition Trust Fund Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Navajo Nation Water Projects Trust 
Fund Account, the amounts made available pursuant 
to subparagraph (A)(i) of section 13(b)(3); 
(2) in the Navajo Nation OM&R Trust Fund 
Account, the amounts made available pursuant to 
subparagraph (A)(ii) of that section; 
(3) in the Navajo Nation Agricultural Con-
servation Trust Fund Account, the amounts made 
available pursuant to subparagraph (A)(iii) of that 
section; 
(4) in the Navajo Nation Renewable Energy 
Trust Fund Account, the amounts made available 
pursuant to subparagraph (A)(iv) of that section; 
and 
(5) in the Navajo Nation Lower Basin Colorado 
River Water Acquisition Trust Fund Account, the 
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amounts made available pursuant to subparagraph 
(A)(v) of that section. 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the Navajo Nation 
Water Settlement Trust Fund Accounts pursuant to 
subsection (c), the Secretary shall manage, invest, 
and distribute all amounts in the Navajo Nation 
Water Settlement Trust Fund in a manner that is 
consistent with the investment authority of the Sec-
retary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the Navajo Nation Water Set-
tlement Trust Fund under subsection (c), any in-
vestment earnings, including interest, credited to 
amounts held in the Navajo Nation Water Settle-
ment Trust Fund are authorized to be appropriated 
to be used in accordance with subsection (f). 
(e) WITHDRAWALS.— 
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(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
(A) IN
GENERAL.—The Navajo Nation 
may withdraw any portion of the amounts in 
the Navajo Nation Water Settlement Trust 
Fund on approval by the Secretary of a Tribal 
management plan submitted by the Navajo Na-
tion in accordance with the American Indian 
Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Navajo Nation spend all amounts withdrawn 
from the Navajo Nation Water Settlement 
Trust Fund, and any investment earnings ac-
crued through the investments under the Tribal 
management plan, in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
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(i) to enforce a Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
from the Navajo Nation Water Settlement 
Trust Fund by the Navajo Nation under 
this paragraph are used in accordance with 
this Act. 
(2) EXPENDITURE PLAN.— 
(A) IN
GENERAL.—The Navajo Nation 
may submit to the Secretary a request to with-
draw funds from the Navajo Nation Water Set-
tlement Trust Fund pursuant to an approved 
expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the Navajo Nation shall 
submit to the Secretary for approval an expend-
iture plan for any portion of the Navajo Nation 
Water Settlement Trust Fund that the Navajo 
Nation elects to withdraw pursuant to this 
paragraph, subject to the condition that the 
funds shall be used for the purposes described 
in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
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of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Navajo Nation Water Settlement Trust Fund 
Accounts will be used by the Navajo Nation in 
accordance with subsection (f). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
bursed under this paragraph are used in ac-
cordance with this Act. 
(f) USES.—Amounts from the Navajo Nation Water 
Settlement Trust Fund shall be used by the Navajo Na-
tion for the following purposes: 
(1) NAVAJO NATION WATER PROJECTS TRUST 
FUND
ACCOUNT.—Amounts in the Navajo Nation 
Water Projects Trust Fund Account may only be 
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100 
used for the purpose of environmental compliance, 
planning, engineering activities, and construction of 
projects designed to deliver potable water to commu-
nities, such as Leupp, Dilkon, Ganado, Black Mesa, 
Sweetwater, Chinle, Lupton/Nahata Dziil Area, 
Kayenta, and Oljato. 
(2) NAVAJO
NATION
OM&R
TRUST
FUND
AC-
COUNT.—Amounts in the Navajo Nation OM&R 
Trust Fund Account may only be used to pay 
OM&R costs of the Navajo Water projects described 
in paragraph (1) and the iina´ ba´ – paa tuwaqat’si 
pipeline project. 
(3) NAVAJO NATION AGRICULTURAL CONSERVA-
TION TRUST FUND ACCOUNT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts in the Navajo Nation Agri-
cultural Conservation Trust Fund Account may 
only be used to pay the costs of improvements 
to reduce water shortages on the historically ir-
rigated land of the Navajo Nation, including 
sprinklers, drip or other efficient irrigation sys-
tems, land leveling, wells, pipelines, pumps and 
storage, stream bank stabilization and restora-
tion, pasture seeding and management, fencing, 
wind breaks, and alluvial wells. 
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101 
(B) LIMITATION.—Not more than half of 
the amounts in the Navajo Nation Agricultural 
Conservation Trust Fund Account may be used 
for replacement and development of livestock 
wells and impoundments on the Navajo Res-
ervation and Navajo Trust Land. 
(4) NAVAJO
NATION
RENEWABLE
ENERGY 
TRUST
FUND
ACCOUNT.—Amounts in the Navajo 
Nation Renewable Energy Trust Fund Account may 
only be used to pay the cost of planning, designing, 
and constructing renewable energy facilities to sup-
port the costs of operating the Navajo Nation Water 
projects and the iina´ ba´ – paa tuwaqat’si pipeline. 
(5) NAVAJO NATION LOWER BASIN COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—Amounts in the Navajo Nation Lower 
Basin Colorado River Water Acquisition Trust Fund 
Account may only be used to purchase land within 
the State and associated Lower Basin Colorado 
River Water Rights. 
(g) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Navajo Na-
tion Water Settlement Trust Fund by the Navajo Nation 
pursuant to subsection (e). 
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102 
(h) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Navajo Nation Water Settlement Trust Fund 
shall remain in the Navajo Nation. 
(i) ACCOUNT TRANSFERS.—If the activities described 
in any of paragraphs (1) through (5) of subsection (f) are 
complete and amounts remain in the applicable Trust 
Fund Account described in those paragraphs, the Sec-
retary, at the request of the Navajo Nation, shall transfer 
the remaining amounts to one of the other accounts within 
the Navajo Nation Water Settlement Trust Fund. 
(j) CONTRIBUTIONS
TO
THE
IINA´
BA´
– PAA 
TUWAQAT’SI PIPELINE.—In its sole discretion, the Navajo 
Nation may use amounts in the Navajo Nation Water Set-
tlement Trust Fund to supplement funds in the iina´ ba´ 
– paa tuwaqat’si pipeline Implementation Fund Account. 
(k) ANNUAL REPORT.—The Navajo Nation shall sub-
mit to the Secretary an annual expenditure report describ-
ing accomplishments and amounts spent from use of with-
drawals under a Tribal management plan approved under 
paragraph (1) of subsection (e) or an expenditure plan ap-
proved under paragraph (2) of that subsection. 
(l) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
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103 
shall be distributed to any member of the Navajo Nation 
on a per capita basis. 
(m) EFFECT.—Nothing in this section entitles the 
Navajo Nation to judicial review of a determination of the 
Secretary relating to whether to approve a Tribal manage-
ment plan under paragraph (1) of subsection (e) or an 
expenditure plan under paragraph (2) of that subsection, 
except as provided under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known 
as the ‘‘Administrative Procedure Act’’). 
SEC. 11. HOPI TRIBE SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the Hopi Tribe, to be known as the ‘‘Hopi 
Tribe Water Settlement Trust Fund’’, to be managed, in-
vested, and distributed by the Secretary and to remain 
available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts 
deposited in the Hopi Tribe Water Settlement Trust Fund 
under subsection (c), together with any investment earn-
ings, including interest, earned on those amounts, for the 
purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Hopi Tribe Water Settlement Trust Fund the following 
accounts: 
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(1) The Hopi Tribe Groundwater Projects 
Trust Fund Account. 
(2) The Hopi Tribe OM&R Trust Fund Ac-
count. 
(3) The Hopi Tribe Agricultural Conservation 
Trust Fund Account. 
(4) The Hopi Tribe Lower Basin Colorado 
River Water Acquisition Trust Fund Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Hopi Tribe Groundwater Projects 
Trust Fund Account, the amounts made available 
pursuant to clause (i) of section 13(b)(3)(B); 
(2) in the Hopi Tribe OM&R Trust Fund Ac-
count, the amounts made available pursuant to 
clause (ii) of that section; 
(3) in the Hopi Tribe Agricultural Conservation 
Trust Fund Account, the amounts made available 
pursuant to clause (iii) of that section; and 
(4) in the Hopi Tribe Lower Basin Colorado 
River Water Acquisition Trust Fund Account, the 
amounts made available pursuant to clause (iv) of 
that section. 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the Hopi Tribe Water 
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105 
Settlement Trust Fund pursuant to subsection (c), 
the Secretary shall manage, invest, and distribute all 
amounts in the Trust Fund in a manner that is con-
sistent with the investment authority of the Sec-
retary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the Hopi Tribe Water Settle-
ment Trust Fund under subsection (c), any invest-
ment earnings, including interest, credited to 
amounts held in accounts of the Hopi Tribe Water 
Settlement Trust Fund are authorized to be appro-
priated to be used in accordance with subsection (f). 
(e) WITHDRAWALS.— 
(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
(A) IN GENERAL.—The Hopi Tribe may 
withdraw any portion of the amounts in the 
Hopi Tribe Water Settlement Trust Fund on 
approval by the Secretary of a Tribal manage-
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106 
ment plan submitted by the Hopi Tribe in ac-
cordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Hopi Tribe spend all amounts withdrawn from 
the Hopi Tribe Water Settlement Trust Fund 
Accounts, and any investment earnings accrued 
through the investments under the Tribal man-
agement plan, in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
(i) to enforce a Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
from the Hopi Tribe Water Settlement 
Trust Fund by the Hopi Tribe under this 
paragraph are used in accordance with this 
Act. 
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107 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Hopi Tribe may 
submit to the Secretary a request to withdraw 
funds from the Hopi Tribe Water Settlement 
Trust Fund pursuant to an approved expendi-
ture plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the Hopi Tribe shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portion of the Hopi Tribe 
Water Settlement Trust Fund that the Hopi 
Tribe elects to withdraw pursuant to this para-
graph, subject to the condition that the funds 
shall be used for the purposes described in this 
Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Hopi Tribe Water Settlement Trust Fund Ac-
counts will be used by the Hopi Tribe in ac-
cordance with subsection (f). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
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108 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
bursed under this paragraph are used in ac-
cordance with this Act. 
(f) USES.—Amounts from the Hopi Tribe Water Set-
tlement Trust Fund shall be used by the Hopi Tribe for 
the following purposes: 
(1) THE HOPI TRIBE GROUNDWATER PROJECTS 
TRUST
FUND
ACCOUNT.—Amounts in the Hopi 
Tribe Groundwater Projects Trust Fund Account 
may only be used for the purpose of environmental 
compliance, planning, engineering and design activi-
ties, and construction to deliver water to Hopi com-
munities. 
(2) THE HOPI TRIBE OM&R TRUST FUND AC-
COUNT.—Amounts in the Hopi Tribe OM&R Trust 
Fund Account may only be used to pay the OM&R 
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109 
costs of the Hopi Groundwater projects described in 
paragraph (1) and the iina´ ba´ – paa tuwaqat’si pipe-
line project. 
(3) THE
HOPI
TRIBE
AGRICULTURAL
CON-
SERVATION
TRUST
FUND
ACCOUNT.—Amounts in 
the Hopi Tribe Agricultural Conservation Trust 
Fund Account may only be used to pay the costs of 
improvements to reduce water shortages on the his-
torically irrigated land and grazing land of the Hopi 
Tribe, including sprinklers, drip or other efficient ir-
rigation systems, land leveling, wells, impoundments, 
pipelines, pumps and storage, stream bank stabiliza-
tion and restoration, pasture seeding and manage-
ment, fencing, and wind breaks or alluvial wells, and 
spring restoration, repair, replacement, and reloca-
tion of low technology structures to support Akchin 
farming, flood-water farming, and other traditional 
farming practices. 
(4) THE HOPI TRIBE LOWER BASIN COLORADO 
RIVER
WATER
ACQUISITION
TRUST
FUND
AC-
COUNT.—Amounts in the Hopi Tribe Lower Basin 
Colorado River Water Acquisition Trust Fund Ac-
count may only be used to purchase land within the 
State and associated Lower Basin Colorado River 
Water Rights. 
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(g) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Hopi Tribe 
Water Settlement Trust Fund Accounts by the Hopi Tribe 
pursuant to subsection (e). 
(h) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Hopi Tribe Water Settlement Trust Fund shall 
remain in the Hopi Tribe. 
(i) ACCOUNT TRANSFERS.—If the activities described 
in any of paragraphs (1) through (4) of subsection (f) are 
complete and amounts remain in the applicable Trust 
Fund Account described in those paragraphs, the Sec-
retary, at the request of the Hopi Tribe, shall transfer 
the remaining amounts to one of the other accounts within 
the Hopi Tribe Water Settlement Trust Fund. 
(j) CONTRIBUTIONS
TO
THE
IINA´
BA´
– PAA 
TUWAQAT’SI PIPELINE.—In its sole discretion, the Hopi 
Tribe may use amounts in the Hopi Tribe Water Settle-
ment Trust Fund to supplement funds in the iina´ ba´ – 
paa tuwaqat’si pipeline Implementation Fund Account. 
(k) ANNUAL REPORT.—The Hopi Tribe shall submit 
to the Secretary an annual expenditure report describing 
accomplishments and amounts spent from use of with-
drawals under a Tribal management plan under para-
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111 
graph (1) of subsection (e) or an expenditure plan under 
paragraph (2) of that subsection. 
(l) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
shall be distributed to any member of the Hopi Tribe on 
a per capita basis. 
(m) EFFECT.—Nothing in this section entitles the 
Hopi Tribe to judicial review of a determination of the 
Secretary regarding whether to approve a Tribal manage-
ment plan under paragraph (1) of subsection (e) or an 
expenditure plan under paragraph (2) of that subsection, 
except as provided under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known 
as the ‘‘Administrative Procedure Act’’). 
SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SET-
TLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the San Juan Southern Paiute Tribe, to 
be known as the ‘‘San Juan Southern Paiute Tribe Water 
Settlement Trust Fund’’, to be managed, invested, and 
distributed by the Secretary and to remain available until 
expended, withdrawn, or reverted to the general fund of 
the Treasury, consisting of the amounts deposited in the 
Trust Fund Accounts under subsection (c), together with 
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112 
any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
San Juan Southern Paiute Tribe Water Settlement Trust 
Fund the following accounts: 
(1) The San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account. 
(2) The San Juan Southern Paiute Tribe Agri-
cultural Conservation Trust Fund Account. 
(3) The San Juan Southern Paiute Tribe 
OM&R Trust Fund Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account, the 
amounts made available pursuant to clause (i) of 
section 13(b)(3)(C); 
(2) in the San Juan Southern Paiute Tribe Ag-
ricultural Conservation Trust Fund Account, the 
amounts made available pursuant to clause (iii) of 
that section; and 
(3) in the San Juan Southern Paiute Tribe 
OM&R Trust Fund Account, the amounts made 
available pursuant to clause (ii) of that section. 
(d) MANAGEMENT AND INTEREST.— 
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(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the San Juan South-
ern Paiute Water Settlement Trust Fund pursuant 
to subsection (c), the Secretary shall manage, invest, 
and distribute all amounts in the San Juan South-
ern Paiute Trust Fund Accounts in a manner that 
is consistent with the investment authority of the 
Secretary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the San Juan Southern Paiute 
Tribe Water Settlement Trust Fund under sub-
section (c), any investment earnings, including inter-
est, credited to amounts held in accounts of the San 
Juan Southern Paiute Tribe Water Settlement Trust 
Fund are authorized to be appropriated to be used 
in accordance with subsection (f). 
(e) WITHDRAWALS.— 
(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
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(A) IN GENERAL.—The San Juan South-
ern Paiute Tribe may withdraw any portion of 
the amounts in the San Juan Southern Paiute 
Tribe Water Settlement Trust Fund on ap-
proval by the Secretary of a Tribal management 
plan submitted by the San Juan Southern Pai-
ute Tribe in accordance with the American In-
dian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
San Juan Southern Paiute Tribe spend all 
amounts withdrawn from the San Juan South-
ern Paiute Tribe Water Settlement Trust Fund, 
and any investment earnings accrued through 
the investments under the Tribal management 
plan, in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
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(i) to enforce a Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
from the San Juan Southern Paiute Tribe 
Water Settlement Trust Fund by the San 
Juan Southern Paiute Tribe under this 
paragraph are used in accordance with this 
Act. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The San Juan South-
ern Paiute Tribe may submit to the Secretary 
a request to withdraw funds from the San Juan 
Southern Paiute Tribe Water Settlement Trust 
Fund pursuant to an approved expenditure 
plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the San Juan Southern 
Paiute Tribe shall submit to the Secretary for 
approval an expenditure plan for any portion of 
the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund that the San Juan 
Southern Paiute Tribe elects to withdraw pur-
suant to this paragraph, subject to the condi-
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tion that the funds shall be used for the pur-
poses described in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
San Juan Southern Paiute Tribe Water Settle-
ment Trust Fund Accounts will be used by the 
San Juan Southern Paiute Tribe in accordance 
with subsection (f). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
bursed under this paragraph are used in ac-
cordance with this Act. 
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(f) USES.—Amounts from the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund shall be used 
by the San Juan Southern Paiute Tribe for the following 
purposes: 
(1) THE SAN JUAN SOUTHERN PAIUTE TRIBE 
GROUNDWATER PROJECTS TRUST FUND ACCOUNT.— 
Amounts in the San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account may only 
be used to pay the cost of designing and con-
structing water projects, including Water treatment 
facilities, pipelines, storage tanks, pumping stations, 
pressure reducing valves, electrical transmission fa-
cilities, and the other appurtenant items, including 
real property and easements necessary to deliver 
water to the areas served. 
(2) THE SAN JUAN SOUTHERN PAIUTE TRIBE 
AGRICULTURAL
CONSERVATION
TRUST
FUND
AC-
COUNT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts in the San Juan Southern 
Paiute Tribe Agricultural Conservation Trust 
Fund Account may only be used to pay the 
costs of improvements to reduce water short-
ages on the historically irrigated land of the 
San Juan Southern Paiute Tribe, including 
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sprinklers, drip or other efficient irrigation sys-
tems, land leveling, wells, pipelines, pumps and 
storage, stream bank stabilization and restora-
tion, pasture seeding and management, fencing, 
wind breaks, and alluvial wells. 
(B) LIMITATION.—Not more than half of 
the amounts in the San Juan Southern Paiute 
Tribe Agricultural Conservation Trust Fund 
Account may be used for replacement and de-
velopment of livestock wells and impoundments 
on San Juan Southern Paiute Land. 
(3) THE SAN JUAN SOUTHERN PAIUTE TRIBE 
OM&R TRUST FUND ACCOUNT.—Amounts in the San 
Juan Southern Paiute Tribe OM&R Trust Fund Ac-
count may only be used to pay the OM&R costs of 
the San Juan Southern Paiute Tribe Water projects 
described in paragraph (1) and for the imputed 
costs for delivery of water from the iina´ ba´ – paa 
tuwaqat’si pipeline. 
(g) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund Ac-
counts by the San Juan Southern Paiute Tribe pursuant 
to subsection (e). 
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(h) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the San Juan Southern Paiute Tribe Water Settle-
ment Trust Fund shall remain in the San Juan Southern 
Paiute Tribe. 
(i) ACCOUNT TRANSFERS.—If the activities described 
in any of paragraphs (1) through (3) of subsection (f) are 
complete and amounts remain in the applicable Trust 
Fund Account described in those paragraphs, the Sec-
retary, at the request of the San Juan Southern Paiute 
Tribe, shall transfer the remaining amounts to one of the 
other accounts within the San Juan Southern Paiute 
Tribe Water Settlement Trust Fund. 
(j) CONTRIBUTIONS
TO
THE
IINA´
BA´
– PAA 
TUWAQAT’SI PIPELINE.—In its sole discretion, the San 
Juan Southern Paiute Tribe may use amounts in the San 
Juan Southern Paiute Tribe Water Settlement Trust 
Fund to supplement funds in the iina´ ba´ – paa tuwaqat’si 
pipeline Implementation Fund Account. 
(k) ANNUAL REPORT.—The San Juan Southern Pai-
ute Tribe shall submit to the Secretary an annual expendi-
ture report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management 
plan submitted under paragraph (1) of subsection (e) or 
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an expenditure plan under paragraph (2) of that sub-
section. 
(l) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
shall be distributed to any member of the San Juan South-
ern Paiute Tribe on a per capita basis. 
(m) EFFECT.—Nothing in this section entitles the 
San Juan Southern Paiute Tribe to judicial review of a 
determination of the Secretary regarding whether to ap-
prove a Tribal management plan under paragraph (1) of 
subsection (e) or an expenditure plan under paragraph (2) 
of that subsection, except as provided under subchapter 
II of chapter 5, and chapter 7, of title 5, United States 
Code (commonly known as the ‘‘Administrative Procedure 
Act’’). 
SEC. 13. FUNDING. 
(a) IINA´ BA´ – PAA TUWAQAT’SI PIPELINE IMPLE-
MENTATION FUND ACCOUNT.— 
(1) MANDATORY APPROPRIATION.—Out of any 
funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the 
Secretary $1,715,000,000 for deposit in the iina´ ba´ 
– paa tuwaqat’si pipeline Implementation Fund Ac-
count, to carry out the planning, engineering, de-
sign, environmental compliance, and construction of 
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the iina´ ba´ – paa tuwaqat’si pipeline, to remain 
available until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(2) AVAILABILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), amounts appropriated to 
and deposited in the iina´ ba´ – paa tuwaqat’si 
pipeline Implementation Fund Account under 
paragraph (1) shall not be available for expend-
iture until such time as the Secretarial findings 
required by section 16(a) are made and pub-
lished. 
(B) EXCEPTION.—Of the amounts made 
available under paragraph (1), $25,000,000 
shall be made available before the Enforce-
ability Date for the Bureau to carry out envi-
ronmental compliance and preliminary design of 
the iina´ ba´ – paa tuwaqat’si pipeline, subject to 
the following: 
(i) The revision of the Settlement 
Agreement and exhibits to conform to this 
Act. 
(ii) Execution by all of the required 
settlement parties, including the United 
States, to the conformed Settlement Agree-
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ment and exhibits, including the waivers 
and releases of claims under section 14. 
(3) ADDITIONAL AUTHORIZATION.—In addition 
to the amounts made available under paragraph (1), 
there are authorized to be appropriated to the iina´ 
ba´ – paa tuwaqat’si pipeline Implementation Fund 
Account such sums as are necessary to complete the 
construction of the iina´ ba´ – paa tuwaqat’si pipeline. 
(b) NAVAJO NATION WATER SETTLEMENT TRUST 
FUND, THE HOPI TRIBE WATER SETTLEMENT TRUST 
FUND AND THE SAN JUAN SOUTHERN PAIUTE SETTLE-
MENT TRUST FUND.— 
(1) MANDATORY APPROPRIATION.—Out of any 
funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the 
Secretary $3,285,000,000, for deposit in the Navajo 
Nation Water Settlement Trust Fund, the Hopi 
Tribe Water Settlement Trust Fund, and the San 
Juan Southern Paiute Settlement Trust Fund, in 
accordance with paragraph (3), to remain available 
until expended, withdrawn, or reverted to the gen-
eral fund of the Treasury. 
(2) AVAILABILITY.—Amounts appropriated to 
and deposited in the Navajo Nation Water Settle-
ment Trust Fund, the Hopi Tribe Water Settlement 
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123 
Trust Fund, and the San Juan Southern Paiute 
Water Settlement Trust Fund under paragraph (1) 
shall not be available for expenditure until such time 
as the Secretarial findings required by section 16(a) 
are made and published. 
(3) ALLOCATION.—The Secretary shall dis-
tribute and deposit the amounts made available 
under paragraph (1) in accordance with the fol-
lowing: 
(A) THE NAVAJO NATION WATER SETTLE-
MENT TRUST FUND.—The Secretary shall de-
posit in the Navajo Nation Water Settlement 
Trust Fund $2,746,700,000, to remain avail-
able until expended, withdrawn, or reverted to 
the general fund of the Treasury and to be allo-
cated to the accounts of the Navajo Nation 
Water Settlement Trust Fund in accordance 
with the following: 
(i) The Navajo Nation Water Projects 
Trust Fund Account, $2,369,200,000. 
(ii) The Navajo Nation OM&R Trust 
Fund Account, $229,500,000. 
(iii) The Navajo Nation Agricultural 
Conservation 
Trust 
Fund 
Account, 
$80,000,000. 
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124 
(iv) The Navajo Nation Renewable 
Energy Trust Fund Account, $40,000,000. 
(v) The Navajo Nation Lower Basin 
Colorado River Water Acquisition Trust 
Fund Account, $28,000,000. 
(B) THE HOPI TRIBE WATER SETTLEMENT 
TRUST FUND.—The Secretary shall deposit in 
the Hopi Tribe Water Settlement Trust Fund 
$508,500,000, to remain available until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury and to be allocated to the 
accounts of the Hopi Tribe Water Settlement 
Trust Fund in accordance with the following: 
(i) The Hopi Tribe Groundwater 
Projects 
Trust 
Fund 
Account, 
$390,000,000. 
(ii) The Hopi Tribe OM&R Trust 
Fund Account, $87,000,000. 
(iii) The Hopi Tribe Agricultural Con-
servation 
Trust 
Fund 
Account, 
$30,000,000. 
(iv) The Hopi Tribe Lower Basin Col-
orado River Water Acquisition Trust Fund 
Account, $1,500,000. 
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125 
(C) THE
SAN
JUAN
SOUTHERN
PAIUTE 
WATER SETTLEMENT TRUST FUND.—The Sec-
retary shall deposit in the San Juan Southern 
Paiute 
Water 
Settlement 
Trust 
Fund 
$29,800,000, to remain available until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury and to be allocated to the 
accounts of the San Juan Southern Paiute 
Water Settlement Trust Fund in accordance 
with the following: 
(i) The San Juan Southern Paiute 
Groundwater Project Trust Fund Account, 
$28,000,000. 
(ii) The San Juan Southern Paiute 
OM&R Trust Fund Account, $1,500,000. 
(iii) The San Juan Southern Paiute 
Agricultural Conservation Trust Fund Ac-
count, $300,000. 
(c) INVESTMENTS.—The Secretary shall invest 
amounts deposited in the iina´ ba´ – paa tuwaqat’si pipeline 
Implementation Fund Account under subsection (a) and 
the Navajo Nation Water Settlement Trust Fund, Hopi 
Tribe Water Settlement Trust Fund, and the San Juan 
Southern Paiute Water Settlement Trust Fund under sub-
section (b) in accordance with— 
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(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) obligations of Federal corporations and 
Federal Government-sponsored entities, the charter 
documents of which provide that the obligations of 
the entities are lawful investments for federally man-
aged funds. 
(d) CREDITS TO ACCOUNTS.— 
(1) IN
GENERAL.—The interest on, and the 
proceeds from, the sale or redemption of, any obliga-
tions held in the Navajo Nation Water Settlement 
Trust Fund, the Hopi Tribe Water Settlement Trust 
Fund, and the San Juan Southern Paiute Water 
Settlement Trust Fund shall be credited to and form 
a part of the applicable Trust Fund. 
(2) USE OF TRUST FUNDS.—Amounts appro-
priated to and deposited in the Navajo Nation Water 
Settlement Trust Fund, the Hopi Tribe Water Set-
tlement Trust Fund, and the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund may be 
used as described in sections 10, 11, and 12 and 
paragraph 12 of the Settlement Agreement. 
(e) FLUCTUATION IN COSTS.— 
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(1) IMPLEMENTATION
FUND
ACCOUNT.—The 
amounts appropriated and authorized to be appro-
priated under subsection (a) shall be— 
(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
January 1, 2024, as indicated by the Bureau 
Construction Cost Trends Index applicable to 
the types of construction involved; and 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the types of construction and current indus-
try standards involved. 
(2) TRUST FUNDS.—The amounts appropriated 
and authorized to be appropriated under subsection 
(b) shall be— 
(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
January 1, 2024, as indicated by the Bureau 
Construction Cost Index—Composite Trend; 
and 
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(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the types of construction and current indus-
try standards involved. 
(3) REPETITION.—The adjustment process 
under paragraphs (1) and (2) shall be repeated for 
each subsequent amount appropriated until the 
amount appropriated and authorized to be appro-
priated, as applicable, under subsections (a) and (b), 
as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.— 
(A) IMPLEMENTATION
FUND.—With re-
spect to the iina´ ba´ – paa tuwaqat’si pipeline 
Implementation Fund Account, the period of 
adjustment under paragraph (1) for any incre-
ment of funding shall be annually until the iina´ 
ba´ – paa tuwaqat’si pipeline project is com-
pleted. 
(B) TRUST FUNDS.—With respect to the 
Navajo Nation Water Settlement Trust Fund, 
the Hopi Tribe Water Settlement Trust Fund, 
and the San Juan Southern Paiute Water Set-
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tlement Trust Fund, the period of indexing ad-
justment under paragraph (2) for any incre-
ment of funding shall end on the date on which 
the funds are deposited into the Trust Funds. 
SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS. 
(a) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE NAVAJO NATION, ON BE-
HALF OF THE NAVAJO NATION AND THE MEMBERS OF 
THE NAVAJO NATION (BUT NOT MEMBERS IN THE CA-
PACITY OF THE MEMBERS AS NAVAJO ALLOTTEES), AND 
THE UNITED STATES, ACTING AS TRUSTEE FOR THE 
NAVAJO NATION AND THE MEMBERS OF THE NAVAJO 
NATION (BUT NOT MEMBERS IN THE CAPACITY OF THE 
MEMBERS AS NAVAJO ALLOTTEES) AGAINST THE STATE 
AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Navajo Nation, on behalf of the Nav-
ajo Nation and the Members of the Navajo Nation 
(but not Members in the capacity of the Members as 
Navajo Allottees), and the United States, acting as 
trustee for the Navajo Nation and the Members of 
the Navajo Nation (but not Members in the capacity 
of the Members as Navajo Allottees), as part of the 
performance of the respective obligations of the Nav-
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ajo Nation and the United States under the Settle-
ment Agreement and this Act, are authorized to exe-
cute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
State), the Hopi Tribe, the Hopi Allottees, the San 
Juan Southern Paiute Tribe, and any other indi-
vidual, entity, corporation, or municipal corporation 
under Federal, State, or other law for all of the fol-
lowing: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Navajo Land, arising from 
time immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Navajo Nation, the predecessors of the 
Navajo Nation, the Members of the Navajo Na-
tion, or predecessors of the Members of the 
Navajo Nation. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Navajo Land, arising 
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from time immemorial through the Enforce-
ability Date. 
(D) Past, present, and future claims for 
Injury to Water for Navajo Land, arising from 
time immemorial and, thereafter, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Navajo Nation, the 
predecessors of the Navajo Nation, the Mem-
bers of the Navajo Nation, or predecessors of 
the Members of the Navajo Nation. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for Navajo Land, resulting from the diversion 
or Use of water outside of Navajo Land in a 
manner not in violation of the Settlement 
Agreement or State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
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proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.1 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.1 to the Settlement Agree-
ment, the Navajo Nation, acting on behalf of the 
Navajo Nation and the Members of the Navajo Na-
tion (but not Members in the capacity of the Mem-
bers as Navajo Allottees), and the United States, 
acting as trustee for the Navajo Nation and the 
Members of the Navajo Nation (but not Members in 
the capacity of the Members as Navajo Allottees), 
shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the Settlement Agreement, wheth-
er those rights are generally stated or specifi-
cally described, or this Act, in any Federal or 
State court of competent jurisdiction; 
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(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the LCR Decree and the Gila 
River Adjudication Decree; 
(C) to assert claims for Water Rights, for 
land owned or acquired by the Navajo Nation 
in fee, or held in trust by the United States for 
the benefit of the Navajo Nation, in the LCR 
Watershed pursuant to subparagraphs 4.11 and 
4.12, of the Settlement Agreement, or in the 
Gila River Basin pursuant to subparagraphs 
4.14 and 4.15 of the Settlement Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights— 
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134 
(i) against any Indian Tribe other 
than the Hopi Tribe, the San Juan South-
ern Paiute Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
(b) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE UNITED STATES, ACTING 
AS TRUSTEE FOR THE NAVAJO ALLOTTEES AGAINST THE 
STATE AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
the Navajo Allottees, as part of the performance of 
the obligations of the United States under the Set-
tlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
State), the Navajo Nation, the Hopi Tribe, the Hopi 
Allottees, and the San Juan Southern Paiute Tribe, 
and any other individual, entity, corporation, or mu-
nicipal corporation under Federal, State, or other 
law, for all of the following: 
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135 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Navajo Allotments, arising 
from time immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Navajo Allottees or predecessors of the 
Navajo Allottees. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Navajo Allotments, aris-
ing from time immemorial through the Enforce-
ability Date. 
(D) Past, present, and future claims for 
Injury to Water for Navajo Allotments, arising 
from time immemorial and, thereafter, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
VerDate Sep 11 2014 
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136 
within the State by Navajo Allottees or prede-
cessors of the Navajo Allottees. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for the Navajo Allotments, resulting from the 
diversion or Use of water outside of Navajo Al-
lotments in a manner not in violation of the 
Settlement Agreement or State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims under paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.2 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States, acting as trustee for 
the Navajo Allottees, shall retain any right— 
VerDate Sep 11 2014 
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137 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Allottees under the Settlement Agreement, 
whether those rights are generally stated or 
specifically described, or this Act, in any Fed-
eral or State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Allottees under the LCR Decree; 
(C) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Navajo 
Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe; and 
(D) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, the San 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
138 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Navajo 
Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe. 
(c) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE NAVAJO NATION, ON BE-
HALF OF THE NAVAJO NATION AND THE MEMBERS OF 
THE NAVAJO NATION (BUT NOT MEMBERS IN THE CA-
PACITY
OF
THE MEMBERS
AS NAVAJO ALLOTTEES), 
AGAINST THE UNITED STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Navajo Nation, acting on behalf of 
the Navajo Nation and the Members of the Navajo 
Nation (but not Members in the capacity of the 
Members as Navajo Allottees), as part of the per-
formance of the obligations of the Navajo Nation 
under the Settlement Agreement and this Act, is au-
thorized to execute a waiver and release of all claims 
against the United States, including agencies, offi-
cials, and employees of the United States, under 
Federal, State, or other law for all of the following: 
VerDate Sep 11 2014 
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139 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Navajo Land arising from 
time immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Navajo Nation, the predecessors of the 
Navajo Nation, the Members of the Navajo Na-
tion, or predecessors of the Members of the 
Navajo Nation. 
(C) Claims for Water Rights within the 
State that the United States, acting as trustee 
for the Navajo Nation and Navajo Allottees, as-
serted or could have asserted in any proceeding, 
except to the extent that such rights are recog-
nized as part of the Navajo Nation’s Water 
Rights under this Act. 
(D) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Navajo Land, arising 
from time immemorial through the Enforce-
ability Date. 
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ssavage on LAPJG3WLY3PROD with BILLS
140 
(E) Past, present, and future claims for 
Injury to Water for Navajo Land, arising from 
time immemorial and, thereafter, forever. 
(F) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Navajo Nation, the 
predecessors of the Navajo Nation, the Mem-
bers of the Navajo Nation, or predecessors of 
the Members of the Navajo Nation. 
(G) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date for 
Navajo Land, resulting from the diversion or 
Use of water outside of Navajo Land in a man-
ner not in violation of the Settlement Agree-
ment or State law. 
(H) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
141 
(I) Past, present, and future claims arising 
out of, or relating in any manner to, United 
States Geological Survey monitoring and re-
porting activities described in paragraph 7.0 of 
the Settlement Agreement. 
(J) Past, present, and future claims aris-
ing from time immemorial and, thereafter, for-
ever, relating in any manner to Injury to Water 
or Injury to Water Rights based on the provi-
sions of paragraphs 8.0 and 9.0 of the Settle-
ment Agreement. 
(K) Past and present claims for foregone 
benefits from non-Navajo Use of water, on and 
off Navajo Land (including water from all 
sources and for all Uses), within the State aris-
ing before the Enforceability Date. 
(L) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to loss of water or Water Rights, including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or Water Rights, claims relating to inter-
ference with, diversion of, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, Water Rights, or 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
142 
water infrastructure, within the State, arising 
before the Enforceability Date. 
(M) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide for operation, maintenance, or deferred 
maintenance for any irrigation system or irriga-
tion project on Navajo Land. 
(N) Past and present claims arising before 
the Enforceability Date from a failure to estab-
lish or provide a municipal, rural, or industrial 
water delivery system on Navajo Land. 
(O) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to construction, operation, and management of 
irrigation projects on Navajo Land, including 
damages, losses, or injuries to fish habitat, 
wildlife, and wildlife habitat, within the State 
arising before the Enforceability Date. 
(P) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide a dam safety improvement to a dam on 
Navajo Land within the State. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
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ssavage on LAPJG3WLY3PROD with BILLS
143 
(A) be in the form described in Exhibit 
13.3 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.3 to the Settlement Agree-
ment, the Navajo Nation and the Members of the 
Navajo Nation (but not Members in the capacity of 
the Members as Allottees) shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the Settlement Agreement, wheth-
er those rights are generally stated or specifi-
cally described, or this Act, in any Federal or 
State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the LCR Decree and the Gila 
River Adjudication Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the Navajo Nation 
in fee in the LCR Watershed pursuant to sub-
paragraphs 4.11 and 4.12 of the Settlement 
Agreement, or in the Gila River Basin pursuant 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
144 
to subparagraphs 4.14 and 4.15 of the Settle-
ment Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
(d) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS BY THE UNITED STATES IN ALL CAPACITIES (EX-
CEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN 
THE NAVAJO NATION, THE HOPI TRIBE, AND THE SAN 
VerDate Sep 11 2014 
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145 
JUAN SOUTHERN PAIUTE TRIBE) AGAINST THE NAVAJO 
NATION AND THE MEMBERS OF THE NAVAJO NATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the 
Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
Navajo Nation, the Members of the Navajo Nation, 
or any agency, official, or employee of the Navajo 
Nation, under Federal, State, or any other law for 
all of the following: 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, resulting from the diversion 
or Use of water on Navajo Land, arising from 
time immemorial through the Enforceability 
Date. 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, re-
sulting from the diversion or Use of water on 
VerDate Sep 11 2014 
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146 
Navajo Land in a manner that is not in viola-
tion of this Agreement or State law. 
(C) Past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims under paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.4 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.4 to the Settlement Agree-
ment, the United States shall retain any right to as-
sert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Fed-
eral or State court of competent jurisdiction. 
(e) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE HOPI TRIBE, ON BEHALF 
OF THE HOPI TRIBE AND THE MEMBERS OF THE HOPI 
TRIBE (BUT NOT MEMBERS IN THE CAPACITY OF THE 
VerDate Sep 11 2014 
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147 
MEMBERS
AS HOPI ALLOTTEES), AND
THE UNITED 
STATES, ACTING AS TRUSTEE FOR THE HOPI TRIBE AND 
THE MEMBERS OF THE HOPI TRIBE (BUT NOT MEMBERS 
IN
THE
CAPACITY
OF
THE
MEMBERS
AS
HOPI 
ALLOTTEES) AGAINST THE STATE AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Hopi Tribe, on behalf of the Hopi 
Tribe and the Members of the Hopi Tribe (but not 
Members in the capacity of the Members as Hopi 
Allottees), and the United States, acting as trustee 
for the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Mem-
bers as Hopi Allottees), as part of the performance 
of the respective obligations of the Hopi Tribe and 
the United States under the Settlement Agreement 
and this Act, are authorized to execute a waiver and 
release of all claims against the State (or any agency 
or political subdivision of the State), the Navajo Na-
tion, the Navajo Allottees, the San Juan Southern 
Paiute Tribe, and any other individual, entity, cor-
poration, or municipal corporation under Federal, 
State, or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
VerDate Sep 11 2014 
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148 
River Water, for Hopi Land, arising from time 
immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Hopi Tribe, the predecessors of the Hopi 
Tribe, the Members of the Hopi Tribe, or pred-
ecessors of the Members of the Hopi Tribe. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Hopi Land, arising from 
time immemorial through the Enforceability 
Date. 
(D) Past, present, and future claims for 
Injury to Water for Hopi Land, arising from 
time immemorial and, thereafter, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Hopi Tribe, the prede-
cessors of the Hopi Tribe, the Members of the 
VerDate Sep 11 2014 
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149 
Hopi Tribe, or predecessors of the Members of 
the Hopi Tribe. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for Hopi Land, resulting from the diversion or 
Use of water outside of Hopi Land in a manner 
not in violation of the Settlement Agreement or 
State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.6 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.6 to the Settlement Agree-
ment, the Hopi Tribe, acting on behalf of the Hopi 
Tribe and the Members of the Hopi Tribe (but not 
VerDate Sep 11 2014 
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150 
Members in the capacity of the Members as Hopi 
Allottees), and the United States, acting as trustee 
for the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Mem-
bers as Hopi Allottees), shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the Settlement Agreement, whether 
those rights are generally stated or specifically 
described, or this Act, in any Federal or State 
court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the Hopi Tribe in 
fee, or held in trust by the United States for 
the benefit of the Hopi Tribe, in the LCR Wa-
tershed pursuant to subparagraphs 5.10 and 
5.11 of the Settlement Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or 
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151 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Navajo 
Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Navajo 
Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
(f) WAIVERS, RELEASES AND RETENTION OF CLAIMS 
FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND 
INJURY TO WATER BY THE UNITED STATES, ACTING AS 
TRUSTEE
FOR
THE HOPI ALLOTTEES AGAINST
THE 
STATE AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
the Hopi Allottees, as part of the performance of the 
obligations of the United States under the Settle-
ment Agreement and this Act, is authorized to exe-
cute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
VerDate Sep 11 2014 
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152 
State), the Hopi Tribe, the Navajo Nation, the Nav-
ajo Allottees, and the San Juan Southern Paiute 
Tribe, and any other individual, entity, corporation, 
or municipal corporation under Federal, State, or 
other law, for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Hopi Allotments, arising from 
time immemorial, and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Hopi Allottees or predecessors of the 
Hopi Allottees. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Hopi Allotments, arising 
from time immemorial through the Enforce-
ability Date. 
(D) Past, present, and future claims for 
Injury to Water for Hopi Allotments, arising 
from time immemorial and, thereafter, forever. 
VerDate Sep 11 2014 
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153 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by Hopi Allottees or prede-
cessors of the Hopi Allottees. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for the Hopi Allotments, resulting from the di-
version or Use of water outside of the Hopi Al-
lotments in a manner not in violation of the 
Settlement Agreement or State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims under paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.7 of the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
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154 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.7 of the Settlement Agree-
ment, the United States acting as trustee for the 
Hopi Allottees, shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Allottees under the Settlement Agreement, 
whether those rights are generally stated or 
specifically described, or this Act, in any Fed-
eral or State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Allottees under the LCR Decree; 
(C) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe; and 
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ssavage on LAPJG3WLY3PROD with BILLS
155 
(D) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe. 
(g) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE HOPI TRIBE, ON BEHALF 
OF THE HOPI TRIBE AND THE MEMBERS OF THE HOPI 
TRIBE (BUT NOT MEMBERS IN THE CAPACITY OF THE 
MEMBERS AS HOPI ALLOTTEES), AGAINST THE UNITED 
STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Hopi Tribe, acting on behalf of the 
Hopi Tribe and the Members of the Hopi Tribe (but 
not Members in the capacity of the Members as 
Hopi Allottees), as part of the performance of the 
obligations of the Hopi Tribe under the Settlement 
Agreement and this Act, is authorized to execute a 
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ssavage on LAPJG3WLY3PROD with BILLS
156 
waiver and release of all claims against the United 
States, including agencies, officials, and employees 
of the United States, under Federal, State, or other 
law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Hopi Land, arising from time 
immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Hopi Tribe, the predecessors of the Hopi 
Tribe, the Members of the Hopi Tribe, or pred-
ecessors of the Members of the Hopi Tribe. 
(C) Claims for Water Rights within the 
State that the United States, acting a trustee 
for the Hopi Tribe and Hopi Allottees, asserted 
or could have asserted in any proceeding, except 
to the extent that such rights are recognized as 
part of the Hopi Tribe’s Water Rights under 
this Act. 
(D) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
158 
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(I) Past, present, and future claims arising 
out of, or relating in any manner to, United 
States Geological Survey monitoring and re-
porting activities described in paragraph 7.0 of 
the Settlement Agreement. 
(J) Past, present, and future claims aris-
ing from time immemorial and, thereafter, for-
ever, relating in any manner to Injury to Water 
or Injury to Water Rights based on the provi-
sions of paragraphs 8.0 and 9.0 of the Settle-
ment Agreement. 
(K) Past and present claims for foregone 
benefits from non-Hopi Use of water, on and 
off Hopi Land (including water from all sources 
and for all Uses), within the State arising be-
fore the Enforceability Date. 
(L) Past and present claims for damage, 
loss, or injury to land, or natural resources due 
to loss of water or Water Rights, including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or Water Rights, claims relating to inter-
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
159 
ference with, diversion of, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising 
before the Enforceability Date. 
(M) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide for operation, maintenance, or deferred 
maintenance for any irrigation system or irriga-
tion project on Hopi Land. 
(N) Past and present claims arising before 
the Enforceability Date from a failure to estab-
lish or provide a municipal, rural, or industrial 
water delivery system on Hopi Land. 
(O) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to construction, operation, and management of 
irrigation projects on Hopi Land, including 
damages, losses, or injuries to fish habitat, 
wildlife, and wildlife habitat, within the State 
arising before the Enforceability Date. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.8 to the Settlement Agreement; and 
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ssavage on LAPJG3WLY3PROD with BILLS
160 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.8 to the Settlement Agree-
ment, the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Mem-
bers as Hopi Allottees) shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the Settlement Agreement, whether 
those rights are generally stated or specifically 
described, or this Act, in any Federal or State 
court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the Hopi Tribe in 
fee in the LCR Watershed pursuant to subpara-
graphs 5.10 and 5.11 of the Settlement Agree-
ment; 
(D) to object to any claims for Water 
Rights by or for— 
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ssavage on LAPJG3WLY3PROD with BILLS
161 
(i) any Indian Tribe other than the 
Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Navajo 
Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Navajo 
Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
(h) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS BY THE UNITED STATES IN ALL CAPACITIES (EX-
CEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN 
THE NAVAJO NATION, THE HOPI TRIBE, AND THE SAN 
JUAN SOUTHERN PAIUTE TRIBE) AGAINST THE HOPI 
TRIBE AND THE MEMBERS OF THE HOPI TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
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ssavage on LAPJG3WLY3PROD with BILLS
162 
Navajo Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the 
Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
Hopi Tribe, the Members of the Hopi Tribe, or any 
agency, official, or employee of the Hopi Tribe, 
under Federal, State, or any other law for all of the 
following: 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, resulting from the diversion 
or Use of water on Hopi Land arising from 
time immemorial through the Enforceability 
Date. 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, re-
sulting from the diversion or Use of water on 
Hopi Land in a manner that is not in violation 
of the Settlement Agreement or State law. 
(C) Past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
VerDate Sep 11 2014 
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163 
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims under paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.9 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.9 to the Settlement Agree-
ment, the United States shall retain any right to as-
sert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Fed-
eral or State court of competent jurisdiction. 
(i) WAIVERS, RELEASES AND RETENTION OF CLAIMS 
FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND 
INJURY TO WATER BY THE SAN JUAN SOUTHERN PAIUTE 
TRIBE, ON BEHALF OF THE SAN JUAN SOUTHERN PAI-
UTE TRIBE
AND
THE MEMBERS
OF
THE SAN JUAN 
SOUTHERN PAIUTE TRIBE, AND THE UNITED STATES, 
ACTING AS TRUSTEE FOR THE SAN JUAN SOUTHERN PAI-
UTE TRIBE
AND
THE MEMBERS
OF
THE SAN JUAN 
SOUTHERN PAIUTE TRIBE AGAINST
THE STATE
AND 
OTHERS.— 
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164 
(1) IN GENERAL.—Except as provided in para-
graph (3), the San Juan Southern Paiute Tribe, on 
behalf of the San Juan Southern Paiute Tribe and 
the Members of the San Juan Southern Paiute 
Tribe, and the United States, acting as trustee for 
the San Juan Southern Paiute Tribe and the Mem-
bers of the San Juan Southern Paiute Tribe, as part 
of the performance of the respective obligations of 
the San Juan Southern Paiute Tribe and the United 
States under the Settlement Agreement and this 
Act, is authorized to execute a waiver and release of 
all claims against the State (or any agency or polit-
ical subdivision of the State), the Hopi Tribe, the 
Hopi Allottees, the Navajo Nation, the Navajo 
Allottees, and any other individual, entity, corpora-
tion, or municipal corporation under Federal, State, 
or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
VerDate Sep 11 2014 
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165 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the San Juan Southern Paiute Tribe, the 
predecessors of the San Juan Southern Paiute 
Tribe, the Members of the San Juan Southern 
Paiute Tribe, or predecessors of the Members of 
the San Juan Southern Paiute Tribe. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for San Juan Southern Pai-
ute Land, arising from time immemorial 
through the Enforceability Date. 
(D) Past, present, and future claims for 
Injury to Water for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the San Juan Southern Pai-
ute Tribe, the predecessors of the San Juan 
Southern Paiute Tribe, the Members of the San 
Juan Southern Paiute Tribe, or predecessors of 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
166 
the Members of the San Juan Southern Paiute 
Tribe. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for San Juan Southern Paiute Land, resulting 
from the diversion or Use of water outside of 
San Juan Southern Paiute Land in a manner 
not in violation of the Settlement Agreement or 
State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.11 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.11 to the Settlement 
Agreement, the San Juan Southern Paiute Tribe, 
VerDate Sep 11 2014 
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167 
acting on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern 
Paiute Tribe, and the United States, acting as trust-
ee for the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, 
shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the Settlement 
Agreement, whether those rights are generally 
stated or specifically described, or this Act, in 
any Federal or State court of competent juris-
diction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the San Juan South-
ern Paiute Tribe in fee or held in trust by the 
United States for the benefit of the San Juan 
Southern Paiute Tribe in the LCR Watershed 
pursuant to subparagraphs 6.4 and 6.5 of the 
Settlement Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
VerDate Sep 11 2014 
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168 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, and the 
Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the Navajo Nation, and the Zuni 
Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, and the 
Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the Navajo Nation, and the Zuni 
Tribe. 
(j) WAIVERS, RELEASES AND RETENTION OF CLAIMS 
FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND 
INJURY TO WATER BY THE SAN JUAN SOUTHERN PAIUTE 
TRIBE, ON BEHALF OF THE SAN JUAN SOUTHERN PAI-
UTE TRIBE
AND
THE MEMBERS
OF
THE SAN JUAN 
SOUTHERN
PAIUTE
TRIBE, AGAINST
THE
UNITED 
STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the San Juan Southern Paiute Tribe, act-
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
169 
ing on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern 
Paiute Tribe, as part of the performance of the obli-
gations of the San Juan Southern Paiute Tribe 
under the Settlement Agreement and this Act, is au-
thorized to execute a waiver and release of all claims 
against the United States, including agencies, offi-
cials, and employees of the United States, under 
Federal, State, or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the San Juan Southern Paiute Tribe, the 
predecessors of the San Juan Southern Paiute 
Tribe, the Members of the San Juan Southern 
Paiute Tribe, or predecessors of the Members of 
the San Juan Southern Paiute Tribe. 
VerDate Sep 11 2014 
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170 
(C) Claims for Water Rights within the 
State that the United States, acting as trustee 
for the San Juan Southern Paiute Tribe, as-
serted or could have asserted in any proceeding, 
except to the extent that such rights are recog-
nized as part of the San Juan Southern Paiute 
Tribe’s Water Rights under this Act. 
(D) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for San Juan Southern Pai-
ute Land, arising from time immemorial 
through the Enforceability Date. 
(E) Past, present, and future claims for 
Injury to Water for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(F) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the San Juan Southern Pai-
ute Tribe, the predecessors of the San Juan 
Southern Paiute Tribe, the Members of the San 
Juan Southern Paiute Tribe, or predecessors of 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
171 
the Members of the San Juan Southern Paiute 
Tribe. 
(G) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date for 
San Juan Southern Paiute Land, resulting 
from the diversion or Use of water outside of 
San Juan Southern Paiute Land in a manner 
not in violation of this Agreement or State law. 
(H) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of this Agree-
ment, any judgment or decree approving or in-
corporating this Agreement, or this Act. 
(I) Past, present, and future claims arising 
out of, or relating in any manner to, United 
States Geological Survey monitoring and re-
porting activities described in paragraph 7.0 of 
the Settlement Agreement. 
(J) Past, present, and future claims aris-
ing from time immemorial and, thereafter, for-
ever, relating in any manner to Injury to Water 
or Injury to Water Rights based on the provi-
sions of paragraphs 8.0 and 9.0 of the Settle-
ment Agreement. 
VerDate Sep 11 2014 
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172 
(K) Past and present claims for foregone 
benefits from non-San Juan Southern Paiute 
Tribe Use of water, on and off San Juan 
Southern Paiute Land (including water from all 
sources and for all Uses), within the State aris-
ing before the Enforceability Date. 
(L) Past and present claims for damage, 
loss, or injury to land, or natural resources due 
to loss of water or Water Rights, including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or Water Rights, claims relating to inter-
ference with, diversion of, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising 
before the Enforceability Date. 
(M) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide for operation, maintenance, or deferred 
maintenance for any irrigation system or irriga-
tion project on San Juan Southern Paiute 
Land. 
(N) Past and present claims arising before 
the Enforceability Date from a failure to estab-
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
173 
lish or provide a municipal, rural, or industrial 
water delivery system on San Juan Southern 
Paiute Land. 
(O) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to construction, operation, and management of 
irrigation projects on San Juan Southern Pai-
ute Land, including damages, losses, or injuries 
to fish habitat, wildlife, and wildlife habitat, 
within the State arising before the Enforce-
ability Date. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall 
be— 
(A) in the form described in Exhibit 13.12 
to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.12 to the Settlement 
Agreement, the San Juan Southern Paiute Tribe, 
acting on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern 
Paiute Tribe shall retain any right— 
VerDate Sep 11 2014 
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174 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the Settlement 
Agreement, whether those rights are generally 
stated or specifically described, or this Act, in 
any Federal or State court of competent juris-
diction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the San Juan South-
ern Paiute Tribe in fee in the LCR Watershed 
pursuant to subparagraphs 6.4 and 6.5 of the 
Settlement Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, and the 
Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the Navajo Nation, and the Zuni 
Tribe; and 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
175 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, and the 
Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the Navajo Nation, and the Zuni 
Tribe. 
(k) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS BY THE UNITED STATES IN ALL CAPACITIES (EX-
CEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN 
THE NAVAJO NATION, THE HOPI TRIBE, AND THE SAN 
JUAN SOUTHERN PAIUTE TRIBE) AGAINST
THE SAN 
JUAN SOUTHERN PAIUTE TRIBE AND THE MEMBERS OF 
THE SAN JUAN SOUTHERN PAIUTE TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the 
Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
San Juan Southern Paiute Tribe, the Members of 
VerDate Sep 11 2014 
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the San Juan Southern Paiute Tribe, or any agency, 
official, or employee of the San Juan Southern Pai-
ute Tribe, under Federal, State, or any other law for 
all: 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, resulting from the diversion 
or Use of water on San Juan Southern Paiute 
Land arising from time immemorial through 
the Enforceability Date. 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, re-
sulting from the diversion or Use of water on 
San Juan Southern Paiute Land in a manner 
that is not in violation of the Settlement Agree-
ment or State law. 
(C) Past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims under paragraph (1) shall— 
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(A) be in the form described in Exhibit 
13.13 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.13 to the Settlement 
Agreement, the United States shall retain any right 
to assert any claim not expressly waived in accord-
ance with that paragraph and that Exhibit, in any 
Federal or State court of competent jurisdiction. 
SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER 
BENEFITS. 
(a) NAVAJO NATION AND THE MEMBERS OF THE 
NAVAJO NATION; NAVAJO ALLOTTEES AND THE UNITED 
STATES, ACTING
AS
TRUSTEE
FOR
THE
NAVAJO 
ALLOTTEES.— 
(1) NAVAJO
NATION
AND
THE
MEMBERS
OF 
THE NAVAJO NATION.— 
(A) IN GENERAL.—The benefits provided 
under the Settlement Agreement shall be in 
complete replacement of, complete substitution 
for, and full satisfaction of any claim of the 
Navajo Nation and the Members of the Navajo 
Nation against the Parties, including the 
United States, that is waived and released by 
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178 
the Navajo Nation acting on behalf of the Nav-
ajo Nation and the Members of the Navajo Na-
tion under Exhibits 13.1 and 13.3 to the Settle-
ment Agreement. 
(B) SATISFACTION OF WATER RIGHTS.— 
Any entitlement to water of the Navajo Nation 
and the Members of the Navajo Nation (but not 
Members in the capacity of the Members as 
Navajo Allottees) or the United States acting as 
trustee for the Navajo Nation and the Members 
of the Navajo Nation (but not Members in the 
capacity of the Members as Navajo Allottees), 
for Navajo Land shall be satisfied out of the 
water resources and other benefits granted, 
confirmed, quantified, or recognized by the Set-
tlement Agreement and this Act, to or for the 
Navajo Nation, the Members of the Navajo Na-
tion (but not Members in the capacity of the 
Members as Navajo Allottees), and the United 
States, acting as trustee for the Navajo Nation 
and the Members of the Navajo Nation (but not 
Members in the capacity of the Members as 
Navajo Allottees). 
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179 
(2) NAVAJO
ALLOTTEES
AND
THE
UNITED 
STATES, ACTING
AS
TRUSTEE
FOR
THE
NAVAJO 
ALLOTTEES.— 
(A) IN
GENERAL.—The benefits realized 
by the Navajo Allottees under the Settlement 
Agreement and this Act shall be in complete re-
placement of, complete substitution for, and full 
satisfaction of— 
(i) all claims waived and released by 
the United States (acting as trustee for 
the Navajo Allottees) under Exhibit 13.2 
to the Settlement Agreement; and 
(ii) any claims of the Navajo Allottees 
against the United States similar to the 
claims described in Exhibit 13.2 to the 
Settlement Agreement that the Navajo 
Allottees asserted or could have asserted. 
(B) SATISFACTION OF WATER RIGHTS.— 
Any entitlement to water of the Navajo 
Allottees or the United States acting as trustee 
for the Navajo Allottees, for Navajo Allotments 
shall be satisfied out of the water resources and 
other benefits granted, confirmed, or recognized 
by the Settlement Agreement and this Act, to 
or for the Navajo Allottees and the United 
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