What This Bill Does
This bill approves water rights settlements for four Pueblos in New Mexico. It recognizes water rights for the Pueblos of Acoma and Laguna in the Rio San José stream system and the Pueblos of Jemez and Zia in the Rio Jemez stream system. The bill creates trust funds with federal money to help these Pueblos develop water infrastructure and manage their water rights.
##
Who It Affects
- Pueblo of Acoma (Native American tribe)
- Pueblo of Laguna (Native American tribe)
- Pueblo of Jemez (Native American tribe)
- Pueblo of Zia (Native American tribe)
- Secretary of the Interior
- State of New Mexico
- Irrigation districts and community ditches in these regions
- Individual Native Americans with land interests in these areas
##
Key Provisions
- The federal government will transfer $296 million to the Pueblo of Acoma Settlement Trust Fund, $464 million to the Pueblo of Laguna Settlement Trust Fund, $45 million to the Acomita Reservoir Works Trust Fund, $290 million to the Pueblo of Jemez Settlement Trust Fund, and $200 million to the Pueblo of Zia Settlement Trust Fund (Sec. 106).
- The Pueblos' water rights cannot be lost through non-use, forfeiture, or abandonment (Sec. 104(b) and Sec. 204(b)).
- Each Pueblo can allocate, distribute, and lease its water rights for use on Pueblo land according to the agreement and federal law (Sec. 104(e) and Sec. 204(d)).
- The Pueblos must waive and release all water rights claims in the Rio San José and Rio Jemez stream systems that existed before the settlement becomes effective, except for water rights recognized in this bill (Sec. 108(a) and Sec. 208(a)).
- The settlement becomes effective when the Secretary of the Interior publishes a statement confirming all required conditions are met, including that all federal money has been deposited and court approval is obtained (Sec. 107 and Sec. 207).
##
What Changes
If this bill becomes law, the four Pueblos will have officially recognized water rights held in trust by the federal government. The Pueblos will receive trust funds totaling approximately $1.495 billion to build water infrastructure and manage water resources. The Pueblos will give up the right to pursue most water rights claims from before the settlement date. State law will be amended to allow Pueblo water rights to be leased for up to 99 years including renewals. The state must contribute additional funding for specific water projects benefiting the Pueblos and other water users.
##
Important Definitions
- **Pueblo Water Rights**: The water rights of each Pueblo identified in the settlement agreement and confirmed by court judgment.
- **Pueblo Land**: Real property held in trust by the United States for a Pueblo, or owned by a Pueblo, in the specified stream systems as of the
Effective Date
The settlement becomes effective on the date the Secretary of the Interior publishes in the Federal Register a statement confirming that: (1) the agreement has been amended to match this bill if there are conflicts; (2) all parties including the United States have signed the agreement; (3) all federal money has been appropriated and deposited; (4) the state has provided its required funding or funding agreements; (5) state law has been amended to allow 99-year water leases; (6) the appropriate court has approved the agreement and entered a final judgment; and (7) the Pueblos and Secretary have signed the waivers and releases. The bill expires if these conditions are not met by July 1, 2030, or such later date as agreed to by the Pueblos and Secretary (Sec. 107 and Sec. 207).
I
118TH CONGRESS
1ST SESSION H. R. 1304
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 HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Ms. LEGER FERNANDEZ (for herself, Ms. STANSBURY, and Mr. VASQUEZ) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources
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
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Rio San Jose´ and Rio Jemez Water Settlements Act of
5
2023’’.
6
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•HR 1304 IH
(b) TABLE OF CONTENTS.—The table of contents for
1
this Act is as follows:
2
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.
TITLE I—PUEBLOS OF ACOMA
3
AND LAGUNA WATER RIGHTS
4
SETTLEMENT
5
SEC. 101. PURPOSES.
6
The purposes of this title are—
7
(1) to achieve a fair, equitable, and final settle-
8
ment of all issues and controversies concerning
9
claims to water rights in the general stream adju-
10
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•HR 1304 IH
dication of the Rio San Jose´ Stream System cap-
1
tioned ‘‘State of New Mexico, ex rel. State Engineer
2
v. Kerr-McGee, et al.’’, No. D–1333–CV–1983–
3
00190 and No. D–1333–CV1983–00220 (consoli-
4
dated), pending in the Thirteenth Judicial District
5
Court for the State of New Mexico, for—
6
(A) the Pueblo of Acoma;
7
(B) the Pueblo of Laguna; and
8
(C) the United States, acting as trustee for
9
the Pueblos of Acoma and Laguna;
10
(2) to authorize, ratify, and confirm the agree-
11
ment entered into by the Pueblos, the State, and
12
various other parties to the Agreement, to the extent
13
that the Agreement is consistent with this title;
14
(3) to authorize and direct the Secretary—
15
(A) to execute the Agreement; and
16
(B) to take any other actions necessary to
17
carry out the Agreement in accordance with
18
this title; and
19
(4) to authorize funds necessary for the imple-
20
mentation of the Agreement and this title.
21
SEC. 102. DEFINITIONS.
22
In this title:
23
(1) ACEQUIA.—The term ‘‘Acequia’’ means
24
each of the Bluewater Toltec Irrigation District, La
25
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•HR 1304 IH
Acequia Madre del Ojo del Gallo, Moquino Water
1
Users Association II, Murray Acres Irrigation Asso-
2
ciation, San Mateo Irrigation Association, Seboyeta
3
Community Irrigation Association, Cubero Acequia
4
Association, Cebolletita Acequia Association, and
5
Community Ditch of San Jose´ de la Cienega.
6
(2) ADJUDICATION.—The term ‘‘Adjudication’’
7
means the general adjudication of water rights enti-
8
tled ‘‘State of New Mexico, ex rel. State Engineer v.
9
Kerr-McGee, et al.’’, No. D–1333–CV–1983–00190
10
and No. D–1333–CV1983–00220 (consolidated)
11
pending, as of the date of enactment of this Act, in
12
the Decree Court.
13
(3)
AGREEMENT.—The
term
‘‘Agreement’’
14
means—
15
(A) the document entitled ‘‘Rio San Jose´
16
Stream System Water Rights Local Settlement
17
Agreement Among the Pueblo of Acoma, the
18
Pueblo of Laguna, the Navajo Nation, the State
19
of New Mexico, the City of Grants, the Village
20
of Milan, the Association of Community Ditches
21
of the Rio San Jose´ and Nine Individual
22
Acequias and Community Ditches’’ and dated
23
May 13, 2022, and the attachments thereto;
24
and
25
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•HR 1304 IH
(B) any amendment to the document re-
1
ferred to in subparagraph (A) (including an
2
amendment to an attachment thereto) that is
3
executed to ensure that the Agreement is con-
4
sistent with this title.
5
(4)
ALLOTMENT.—The
term
‘‘Allotment’’
6
means a parcel of land that is—
7
(A) located within—
8
(i) the Rio Puerco Basin;
9
(ii) the Rio San Jose´ Stream System;
10
or
11
(iii) the Rio Salado Basin; and
12
(B) held in trust by the United States for
13
the benefit of 1 or more individual Indians.
14
(5) ALLOTTEE.—The term ‘‘Allottee’’ means an
15
individual with a beneficial interest in an Allotment.
16
(6)
DECREE
COURT.—The
term
‘‘Decree
17
Court’’ means the Thirteenth Judicial District Court
18
of the State of New Mexico.
19
(7) ENFORCEABILITY DATE.—The term ‘‘En-
20
forceability Date’’ means the date described in sec-
21
tion 107.
22
(8) PARTIAL FINAL JUDGMENT AND DECREE.—
23
The term ‘‘Partial Final Judgment and Decree’’
24
means a final or interlocutory partial final judgment
25
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•HR 1304 IH
and decree entered by the Decree Court with respect
1
to the water rights of the Pueblos—
2
(A) that is substantially in the form de-
3
scribed in article 14.7.2 of the Agreement, as
4
amended to ensure consistency with this title;
5
and
6
(B) from which no further appeal may be
7
taken.
8
(9) PUEBLO.—The term ‘‘Pueblo’’ means either
9
of—
10
(A) the Pueblo of Acoma; or
11
(B) the Pueblo of Laguna.
12
(10) PUEBLO LAND.—
13
(A) IN
GENERAL.—The term ‘‘Pueblo
14
Land’’ means any real property—
15
(i) in the Rio San Jose´ Stream Sys-
16
tem that is held by the United States in
17
trust for either Pueblo, or owned by either
18
Pueblo, as of the Enforceability Date;
19
(ii) in the Rio Salado Basin that is
20
held by the United States in trust for the
21
Pueblo of Acoma, or owned by the Pueblo
22
of Acoma, as of the Enforceability Date; or
23
(iii) in the Rio Puerco Basin that is
24
held by the United States in trust for the
25
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•HR 1304 IH
Pueblo of Laguna, or owned by the Pueblo
1
of Laguna, as of the Enforceability Date.
2
(B)
INCLUSIONS.—The
term
‘‘Pueblo
3
Land’’ includes land placed in trust with the
4
United States subsequent to the Enforceability
5
Date for either Pueblo in the Rio San Jose´
6
Stream System, for the Pueblo of Acoma in the
7
Rio Salado Basin, or for the Pueblo of Laguna
8
in the Rio Puerco Basin.
9
(11) PUEBLO TRUST FUND.—The term ‘‘Pueblo
10
Trust Fund’’ means—
11
(A) the Pueblo of Acoma Settlement Trust
12
Fund established by section 105(a);
13
(B) the Pueblo of Laguna Settlement
14
Trust Fund established by that section; and
15
(C) the Acomita Reservoir Works Trust
16
Fund established by that section.
17
(12) PUEBLO
WATER
RIGHTS.—The term
18
‘‘Pueblo Water Rights’’ means—
19
(A) the respective water rights of the
20
Pueblos in the Rio San Jose´ Stream System—
21
(i) as identified in the Agreement and
22
section 104; and
23
(ii) as confirmed in the Partial Final
24
Judgment and Decree;
25
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•HR 1304 IH
(B) the water rights of the Pueblo of
1
Acoma in the Rio Salado Basin; and
2
(C) the water rights of the Pueblo of La-
3
guna in the Rio Puerco Basin, as identified in
4
the Agreement and section 104.
5
(13) PUEBLOS.—The term ‘‘Pueblos’’ means—
6
(A) the Pueblo of Acoma; and
7
(B) the Pueblo of Laguna.
8
(14) RIO
PUERCO
BASIN.—The term ‘‘Rio
9
Puerco Basin’’ means the area defined by the
10
United States Geological Survey Hydrologic Unit
11
Codes (HUC) 13020204 (Rio Puerco subbasin) and
12
13020205 (Arroyo Chico subbasin), including the
13
hydrologically connected groundwater.
14
(15) RIO
SAN
JOSE´
STREAM
SYSTEM.—The
15
term ‘‘Rio San Jose´ Stream System’’ means the geo-
16
graphic extent of the area involved in the Adjudica-
17
tion pursuant to the description filed in the Decree
18
Court on November 21, 1986.
19
(16) RIO SALADO BASIN.—The term ‘‘Rio Sa-
20
lado Basin’’ means the area defined by the United
21
States Geological Survey Hydrologic Unit Code
22
(HUC) 13020209 (Rio Salado subbasin), including
23
the hydrologically connected groundwater.
24
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•HR 1304 IH
(17)
SECRETARY.—The
term
‘‘Secretary’’
1
means the Secretary of the Interior.
2
(18) SIGNATORY ACEQUIA.—The term ‘‘Signa-
3
tory Acequia’’ means an acequia that is a signatory
4
to the Agreement.
5
(19) STATE.—The term ‘‘State’’ means the
6
State of New Mexico and all officers, agents, depart-
7
ments, and political subdivisions of the State of New
8
Mexico.
9
SEC. 103. RATIFICATION OF AGREEMENT.
10
(a) RATIFICATION.—
11
(1) IN GENERAL.—Except as modified by this
12
title and to the extent the Agreement does not con-
13
flict with this title, the Agreement is authorized,
14
ratified, and confirmed.
15
(2) AMENDMENTS.—If an amendment to the
16
Agreement or any attachment to the Agreement re-
17
quiring the signature of the Secretary is executed in
18
accordance with this title to make the Agreement
19
consistent with this title, the amendment is author-
20
ized, ratified, and confirmed.
21
(b) EXECUTION.—
22
(1) IN GENERAL.—To the extent the Agreement
23
does not conflict with this title, the Secretary shall
24
execute the Agreement, including all attachments to
25
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•HR 1304 IH
or parts of the Agreement requiring the signature of
1
the Secretary.
2
(2) MODIFICATIONS.—Nothing in this title pro-
3
hibits the Secretary, after execution of the Agree-
4
ment, from approving any modification to the Agree-
5
ment, including an attachment to the Agreement,
6
that is consistent with this title, to the extent that
7
the modification does not otherwise require congres-
8
sional approval under section 2116 of the Revised
9
Statutes (25 U.S.C. 177) or any other applicable
10
provision of Federal law.
11
(c) ENVIRONMENTAL COMPLIANCE.—
12
(1) IN GENERAL.—In implementing the Agree-
13
ment and this title, the Secretary shall comply
14
with—
15
(A) the Endangered Species Act of 1973
16
(16 U.S.C. 1531 et seq.);
17
(B) the National Environmental Policy Act
18
of 1969 (42 U.S.C. 4321 et seq.), including the
19
implementing regulations of that Act; and
20
(C) all other applicable Federal environ-
21
mental laws and regulations.
22
(2) COMPLIANCE.—
23
(A) IN
GENERAL.—In implementing the
24
Agreement and this title, the Pueblos shall pre-
25
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•HR 1304 IH
pare any necessary environmental documents
1
consistent with—
2
(i) the Endangered Species Act of
3
1973 (16 U.S.C. 1531 et seq.);
4
(ii) the National Environmental Policy
5
Act of 1969 (42 U.S.C. 4321 et seq.), in-
6
cluding the implementing regulations of
7
that Act; and
8
(iii) all other applicable Federal envi-
9
ronmental laws and regulations.
10
(B)
AUTHORIZATIONS.—The
Secretary
11
shall—
12
(i) independently evaluate the docu-
13
mentation required under subparagraph
14
(A); and
15
(ii) be responsible for the accuracy,
16
scope, and contents of that documentation.
17
(3) EFFECT OF EXECUTION.—The execution of
18
the Agreement by the Secretary under this section
19
shall not constitute a major Federal action under
20
the National Environmental Policy Act of 1969 (42
21
U.S.C. 4321 et seq.).
22
(4) COSTS.—Any costs associated with the per-
23
formance of the compliance activities under sub-
24
section (c) shall be paid from funds deposited in the
25
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•HR 1304 IH
Pueblo Trust Funds, subject to the condition that
1
any costs associated with the performance of Federal
2
approval or other review of such compliance work or
3
costs associated with inherently Federal functions
4
shall remain the responsibility of the Secretary.
5
SEC. 104. PUEBLO WATER RIGHTS.
6
(a) TRUST
STATUS
OF
THE
PUEBLO
WATER
7
RIGHTS.—The Pueblo Water Rights shall be held in trust
8
by the United States on behalf of the Pueblos in accord-
9
ance with the Agreement and this title.
10
(b) FORFEITURE AND ABANDONMENT.—
11
(1) IN GENERAL.—The Pueblo Water Rights
12
shall not be subject to loss through non-use, for-
13
feiture, abandonment, or other operation of law.
14
(2) STATE-LAW BASED WATER RIGHTS.—Pur-
15
suant to the Agreement, State-law based water
16
rights acquired by a Pueblo, or by the United States
17
on behalf of a Pueblo, after the date for inclusion in
18
the Partial Final Judgment and Decree, shall not be
19
subject to forfeiture, abandonment, or permanent
20
alienation from the time they are acquired.
21
(c) USE.—Any use of the Pueblo Water Rights shall
22
be subject to the terms and conditions of the Agreement
23
and this title.
24
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[Text truncated for display. Full text available on Congress.gov.]