What This Bill Does
This bill approves two separate water rights settlement agreements in New Mexico. The first settlement resolves water rights disputes for the Pueblo of Acoma and Pueblo of Laguna in the Rio San Jose Stream System. The second settlement resolves water rights disputes for the Pueblo of Jemez and Pueblo of Zia in the Jemez River Stream System. The bill provides federal funding and establishes trust funds to help these pueblos develop water infrastructure and manage their water rights.
##
Who It Affects
- The Pueblo of Acoma
- The Pueblo of Laguna
- The Pueblo of Jemez
- The Pueblo of Zia
- The Secretary of the Interior (federal official overseeing the agreements)
- The State of New Mexico
- Irrigation districts and community water associations in the affected areas
- Individual allottees (Native Americans who own parcels of trust land)
##
Key Provisions
- The federal government will establish settlement trust funds with hundreds of millions of dollars for each pueblo to use for water infrastructure, planning, and management (Sec. 105, Sec. 205)
- The pueblos' water rights will be held in trust by the United States and cannot be lost through non-use or abandonment (Sec. 104, Sec. 204)
- The pueblos can allocate and lease their water rights to other users, but cannot permanently give away the water rights (Sec. 104, Sec. 204)
- The pueblos agree to waive and release most previous water rights claims against the United States and other parties in exchange for recognition of their water rights under this agreement (Sec. 108, Sec. 208)
- New Mexico must pass laws allowing pueblo water rights to be leased for up to 99 years and must contribute funding for water projects and to offset impacts on other water users (Sec. 106, Sec. 206)
##
What Changes
If this bill becomes law:
- The pueblos will gain legally recognized water rights that cannot be lost through non-use
- Federal trust funds will be available to the pueblos for water infrastructure projects, feasibility studies, and water management
- The pueblos will have authority to control how their water is used and who can use it
- Most previous water rights lawsuits and disputes involving the pueblos in these stream systems will be resolved and ended
- New Mexico courts will have limited authority to review pueblo decisions about water right permits
- The federal government will no longer be able to be sued by the pueblos for most water-related claims that occurred before the agreement takes effect
##
Important Definitions
- **Pueblo Water Rights**: The specific water rights belonging to each pueblo as identified in the agreement and confirmed by a court judgment
- **Pueblo Land**: Real property held in trust by the United States for a pueblo or owned directly by a pueblo in the specified stream systems
- **Enforceability Date**: The date when the Secretary of the Interior announces in the Federal Register that all conditions have been met for the agreement to take effect
- **Partial Final Judgment and Decree**: The court order that formally recognizes and confirms the pueblos' water rights
- **Allotment**: A parcel of land held in trust by the United States for one or more individual Native Americans
- **Acequia**: An irrigation district or community water association (the bill lists nine specific ones)
##
Effective Date
The agreements become enforceable when the Secretary of the Interior publishes a statement in the Federal Register confirming that: (1) all amounts have been appropriated and deposited in the trust funds, (2) the State of New Mexico has provided its funding share and passed required legislation, (3) the court has approved the agreement and entered a final judgment, and (4) the pueblos and federal government have signed waivers of claims. (Sec. 107, Sec. 207)
If these conditions are not met by July 1, 2030, the entire agreement expires and is void. (Sec. 108(g))
II
Calendar No. 274
118TH CONGRESS
1ST SESSION
S. 595
[Report No. 118–131]
To approve the settlement of water rights claims of the Pueblos of Acoma
and Laguna in the Rio San Jose´ Stream System and the Pueblos
of Jemez and Zia in the Rio Jemez Stream System in the State of
New Mexico, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2023
Mr. HEINRICH (for himself and Mr. LUJA´N) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
DECEMBER 12, 2023
Reported by Mr. SCHATZ, without amendment
A BILL
To approve the settlement of water rights claims of the
Pueblos of Acoma and Laguna in the Rio San Jose´
Stream System and the Pueblos of Jemez and Zia in
the Rio Jemez Stream System in the State of New
Mexico, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
(a) SHORT TITLE.—This Act may be cited as the
2
‘‘Rio San Jose´ and Rio Jemez Water Settlements Act of
3
2023’’.
4
(b) TABLE OF CONTENTS.—The table of contents for
5
this Act is as follows:
6
Sec. 1. Short title; table of contents.
TITLE I—PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS
SETTLEMENT
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Ratification of Agreement.
Sec. 104. Pueblo Water Rights.
Sec. 105. Settlement trust funds.
Sec. 106. Funding.
Sec. 107. Enforceability Date.
Sec. 108. Waivers and releases of claims.
Sec. 109. Satisfaction of claims.
Sec. 110. Consent of United States to jurisdiction for judicial review of a Pueb-
lo Water Right permit decision.
Sec. 111. Miscellaneous provisions.
Sec. 112. Antideficiency.
TITLE II—PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS
SETTLEMENT
Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Ratification of Agreement.
Sec. 204. Pueblo Water Rights.
Sec. 205. Settlement trust funds.
Sec. 206. Funding.
Sec. 207. Enforceability date.
Sec. 208. Waivers and releases of claims.
Sec. 209. Satisfaction of claims.
Sec. 210. Miscellaneous provisions.
Sec. 211. Antideficiency.
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TITLE I—PUEBLOS OF ACOMA
1
AND LAGUNA WATER RIGHTS
2
SETTLEMENT
3
SEC. 101. PURPOSES.
4
The purposes of this title are—
5
(1) to achieve a fair, equitable, and final settle-
6
ment of all issues and controversies concerning
7
claims to water rights in the general stream adju-
8
dication of the Rio San Jose´ Stream System cap-
9
tioned ‘‘State of New Mexico, ex rel. State Engineer
10
v. Kerr-McGee, et al.’’, No. D–1333–CV–1983–
11
00190 and No. D–1333–CV1983–00220 (consoli-
12
dated), pending in the Thirteenth Judicial District
13
Court for the State of New Mexico, for—
14
(A) the Pueblo of Acoma;
15
(B) the Pueblo of Laguna; and
16
(C) the United States, acting as trustee for
17
the Pueblos of Acoma and Laguna;
18
(2) to authorize, ratify, and confirm the agree-
19
ment entered into by the Pueblos, the State, and
20
various other parties to the Agreement, to the extent
21
that the Agreement is consistent with this title;
22
(3) to authorize and direct the Secretary—
23
(A) to execute the Agreement; and
24
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•S 595 RS
(B) to take any other actions necessary to
1
carry out the Agreement in accordance with
2
this title; and
3
(4) to authorize funds necessary for the imple-
4
mentation of the Agreement and this title.
5
SEC. 102. DEFINITIONS.
6
In this title:
7
(1) ACEQUIA.—The term ‘‘Acequia’’ means
8
each of the Bluewater Toltec Irrigation District, La
9
Acequia Madre del Ojo del Gallo, Moquino Water
10
Users Association II, Murray Acres Irrigation Asso-
11
ciation, San Mateo Irrigation Association, Seboyeta
12
Community Irrigation Association, Cubero Acequia
13
Association, Cebolletita Acequia Association, and
14
Community Ditch of San Jose´ de la Cienega.
15
(2) ADJUDICATION.—The term ‘‘Adjudication’’
16
means the general adjudication of water rights enti-
17
tled ‘‘State of New Mexico, ex rel. State Engineer v.
18
Kerr-McGee, et al.’’, No. D–1333–CV–1983–00190
19
and No. D–1333–CV1983–00220 (consolidated)
20
pending, as of the date of enactment of this Act, in
21
the Decree Court.
22
(3)
AGREEMENT.—The
term
‘‘Agreement’’
23
means—
24
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(A) the document entitled ‘‘Rio San Jose´
1
Stream System Water Rights Local Settlement
2
Agreement Among the Pueblo of Acoma, the
3
Pueblo of Laguna, the Navajo Nation, the State
4
of New Mexico, the City of Grants, the Village
5
of Milan, the Association of Community Ditches
6
of the Rio San Jose´ and Nine Individual
7
Acequias and Community Ditches’’ and dated
8
May 13, 2022, and the attachments thereto;
9
and
10
(B) any amendment to the document re-
11
ferred to in subparagraph (A) (including an
12
amendment to an attachment thereto) that is
13
executed to ensure that the Agreement is con-
14
sistent with this title.
15
(4)
ALLOTMENT.—The
term
‘‘Allotment’’
16
means a parcel of land that is—
17
(A) located within—
18
(i) the Rio Puerco Basin;
19
(ii) the Rio San Jose´ Stream System;
20
or
21
(iii) the Rio Salado Basin; and
22
(B) held in trust by the United States for
23
the benefit of 1 or more individual Indians.
24
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(5) ALLOTTEE.—The term ‘‘Allottee’’ means an
1
individual with a beneficial interest in an Allotment.
2
(6)
DECREE
COURT.—The
term
‘‘Decree
3
Court’’ means the Thirteenth Judicial District Court
4
of the State of New Mexico.
5
(7) ENFORCEABILITY DATE.—The term ‘‘En-
6
forceability Date’’ means the date described in sec-
7
tion 107.
8
(8) PARTIAL FINAL JUDGMENT AND DECREE.—
9
The term ‘‘Partial Final Judgment and Decree’’
10
means a final or interlocutory partial final judgment
11
and decree entered by the Decree Court with respect
12
to the water rights of the Pueblos—
13
(A) that is substantially in the form de-
14
scribed in article 14.7.2 of the Agreement, as
15
amended to ensure consistency with this title;
16
and
17
(B) from which no further appeal may be
18
taken.
19
(9) PUEBLO.—The term ‘‘Pueblo’’ means either
20
of—
21
(A) the Pueblo of Acoma; or
22
(B) the Pueblo of Laguna.
23
(10) PUEBLO LAND.—
24
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(A) IN
GENERAL.—The term ‘‘Pueblo
1
Land’’ means any real property—
2
(i) in the Rio San Jose´ Stream Sys-
3
tem that is held by the United States in
4
trust for either Pueblo, or owned by either
5
Pueblo, as of the Enforceability Date;
6
(ii) in the Rio Salado Basin that is
7
held by the United States in trust for the
8
Pueblo of Acoma, or owned by the Pueblo
9
of Acoma, as of the Enforceability Date; or
10
(iii) in the Rio Puerco Basin that is
11
held by the United States in trust for the
12
Pueblo of Laguna, or owned by the Pueblo
13
of Laguna, as of the Enforceability Date.
14
(B)
INCLUSIONS.—The
term
‘‘Pueblo
15
Land’’ includes land placed in trust with the
16
United States subsequent to the Enforceability
17
Date for either Pueblo in the Rio San Jose´
18
Stream System, for the Pueblo of Acoma in the
19
Rio Salado Basin, or for the Pueblo of Laguna
20
in the Rio Puerco Basin.
21
(11) PUEBLO TRUST FUND.—The term ‘‘Pueblo
22
Trust Fund’’ means—
23
(A) the Pueblo of Acoma Settlement Trust
24
Fund established by section 105(a);
25
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•S 595 RS
(B) the Pueblo of Laguna Settlement
1
Trust Fund established by that section; and
2
(C) the Acomita Reservoir Works Trust
3
Fund established by that section.
4
(12) PUEBLO
WATER
RIGHTS.—The term
5
‘‘Pueblo Water Rights’’ means—
6
(A) the respective water rights of the
7
Pueblos in the Rio San Jose´ Stream System—
8
(i) as identified in the Agreement and
9
section 104; and
10
(ii) as confirmed in the Partial Final
11
Judgment and Decree;
12
(B) the water rights of the Pueblo of
13
Acoma in the Rio Salado Basin; and
14
(C) the water rights of the Pueblo of La-
15
guna in the Rio Puerco Basin, as identified in
16
the Agreement and section 104.
17
(13) PUEBLOS.—The term ‘‘Pueblos’’ means—
18
(A) the Pueblo of Acoma; and
19
(B) the Pueblo of Laguna.
20
(14) RIO
PUERCO
BASIN.—The term ‘‘Rio
21
Puerco Basin’’ means the area defined by the
22
United States Geological Survey Hydrologic Unit
23
Codes (HUC) 13020204 (Rio Puerco subbasin) and
24
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•S 595 RS
13020205 (Arroyo Chico subbasin), including the
1
hydrologically connected groundwater.
2
(15) RIO
SAN
JOSE´
STREAM
SYSTEM.—The
3
term ‘‘Rio San Jose´ Stream System’’ means the geo-
4
graphic extent of the area involved in the Adjudica-
5
tion pursuant to the description filed in the Decree
6
Court on November 21, 1986.
7
(16) RIO SALADO BASIN.—The term ‘‘Rio Sa-
8
lado Basin’’ means the area defined by the United
9
States Geological Survey Hydrologic Unit Code
10
(HUC) 13020209 (Rio Salado subbasin), including
11
the hydrologically connected groundwater.
12
(17)
SECRETARY.—The
term
‘‘Secretary’’
13
means the Secretary of the Interior.
14
(18) SIGNATORY ACEQUIA.—The term ‘‘Signa-
15
tory Acequia’’ means an acequia that is a signatory
16
to the Agreement.
17
(19) STATE.—The term ‘‘State’’ means the
18
State of New Mexico and all officers, agents, depart-
19
ments, and political subdivisions of the State of New
20
Mexico.
21
SEC. 103. RATIFICATION OF AGREEMENT.
22
(a) RATIFICATION.—
23
(1) IN GENERAL.—Except as modified by this
24
title and to the extent the Agreement does not con-
25
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•S 595 RS
flict with this title, the Agreement is authorized,
1
ratified, and confirmed.
2
(2) AMENDMENTS.—If an amendment to the
3
Agreement or any attachment to the Agreement re-
4
quiring the signature of the Secretary is executed in
5
accordance with this title to make the Agreement
6
consistent with this title, the amendment is author-
7
ized, ratified, and confirmed.
8
(b) EXECUTION.—
9
(1) IN GENERAL.—To the extent the Agreement
10
does not conflict with this title, the Secretary shall
11
execute the Agreement, including all attachments to
12
or parts of the Agreement requiring the signature of
13
the Secretary.
14
(2) MODIFICATIONS.—Nothing in this title pro-
15
hibits the Secretary, after execution of the Agree-
16
ment, from approving any modification to the Agree-
17
ment, including an attachment to the Agreement,
18
that is consistent with this title, to the extent that
19
the modification does not otherwise require congres-
20
sional approval under section 2116 of the Revised
21
Statutes (25 U.S.C. 177) or any other applicable
22
provision of Federal law.
23
(c) ENVIRONMENTAL COMPLIANCE.—
24
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•S 595 RS
(1) IN GENERAL.—In implementing the Agree-
1
ment and this title, the Secretary shall comply
2
with—
3
(A) the Endangered Species Act of 1973
4
(16 U.S.C. 1531 et seq.);
5
(B) the National Environmental Policy Act
6
of 1969 (42 U.S.C. 4321 et seq.), including the
7
implementing regulations of that Act; and
8
(C) all other applicable Federal environ-
9
mental laws and regulations.
10
(2) COMPLIANCE.—
11
(A) IN
GENERAL.—In implementing the
12
Agreement and this title, the Pueblos shall pre-
13
pare any necessary environmental documents
14
consistent with—
15
(i) the Endangered Species Act of
16
1973 (16 U.S.C. 1531 et seq.);
17
(ii) the National Environmental Policy
18
Act of 1969 (42 U.S.C. 4321 et seq.), in-
19
cluding the implementing regulations of
20
that Act; and
21
(iii) all other applicable Federal envi-
22
ronmental laws and regulations.
23
(B)
AUTHORIZATIONS.—The
Secretary
24
shall—
25
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•S 595 RS
(i) independently evaluate the docu-
1
mentation required under subparagraph
2
(A); and
3
(ii) be responsible for the accuracy,
4
scope, and contents of that documentation.
5
(3) EFFECT OF EXECUTION.—The execution of
6
the Agreement by the Secretary under this section
7
shall not constitute a major Federal action under
8
the National Environmental Policy Act of 1969 (42
9
U.S.C. 4321 et seq.).
10
(4) COSTS.—Any costs associated with the per-
11
formance of the compliance activities under sub-
12
section (c) shall be paid from funds deposited in the
13
Pueblo Trust Funds, subject to the condition that
14
any costs associated with the performance of Federal
15
approval or other review of such compliance work or
16
costs associated with inherently Federal functions
17
shall remain the responsibility of the Secretary.
18
SEC. 104. PUEBLO WATER RIGHTS.
19
(a) TRUST
STATUS
OF
THE
PUEBLO
WATER
20
RIGHTS.—The Pueblo Water Rights shall be held in trust
21
by the United States on behalf of the Pueblos in accord-
22
ance with the Agreement and this title.
23
(b) FORFEITURE AND ABANDONMENT.—
24
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•S 595 RS
(1) IN GENERAL.—The Pueblo Water Rights
1
shall not be subject to loss through non-use, for-
2
feiture, abandonment, or other operation of law.
3
(2) STATE-LAW BASED WATER RIGHTS.—Pur-
4
suant to the Agreement, State-law based water
5
rights acquired by a Pueblo, or by the United States
6
on behalf of a Pueblo, after the date for inclusion in
7
the Partial Final Judgment and Decree, shall not be
8
subject to forfeiture, abandonment, or permanent
9
alienation from the time they are acquired.
10
(c) USE.—Any use of the Pueblo Water Rights shall
11
be subject to the terms and conditions of the Agreement
12
and this title.
13
(d) ALLOTMENT
RIGHTS
NOT
INCLUDED.—The
14
Pueblo Water Rights shall not include any water uses or
15
water rights claims on an Allotment.
16
(e) AUTHORITY OF THE PUEBLOS.—
17
(1) IN GENERAL.—The Pueblos shall have the
18
authority to allocate, distribute, and lease the Pueblo
19
Water Rights for use on Pueblo Land in accordance
20
with the Agreement,
[Text truncated for display. Full text available on Congress.gov.]