Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	9,617	n/a	n/a
Reported in House	9,959	76	16%
Engrossed in House	9,865	9	3%
Placed on Calendar Senate	9,879	8 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate

HR 3342 EHPCSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3342CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Aamodt Litigation Settlement Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

Sec. 101. Authorization of Regional Water System.CommentsClose CommentsPermalink





Sec. 102. Operating Agreement.CommentsClose CommentsPermalink





Sec. 103. Acquisition of Pueblo water supply for the Regional Water System.CommentsClose CommentsPermalink





Sec. 104. Delivery and allocation of Regional Water System capacity and water.CommentsClose CommentsPermalink





Sec. 105. Aamodt Settlement Pueblos’ Fund.CommentsClose CommentsPermalink





Sec. 106. Environmental compliance.CommentsClose CommentsPermalink





Sec. 107. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

Sec. 201. Settlement Agreement and contract approval.CommentsClose CommentsPermalink





Sec. 202. Environmental compliance.CommentsClose CommentsPermalink





Sec. 203. Conditions precedent and enforcement date.CommentsClose CommentsPermalink





Sec. 204. Waivers and releases.CommentsClose CommentsPermalink





Sec. 205. Effect.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) AAMODT CASE- The term ‘Aamodt Case’ means the civil action entitled State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).CommentsClose CommentsPermalink





(2) ACRE-FEET- The term ‘acre-feet’ means acre-feet of water per year.CommentsClose CommentsPermalink





(3) AUTHORITY- The term ‘Authority’ means the Pojoaque Basin Regional Water Authority described in section 9.5 of the Settlement Agreement or an alternate entity acceptable to the Pueblos and the County to operate and maintain the diversion and treatment facilities, certain transmission pipelines, and other facilities of the Regional Water System.CommentsClose CommentsPermalink





(4) CITY- The term ‘City’ means the city of Santa Fe, New Mexico.CommentsClose CommentsPermalink





(5) COST-SHARING AND SYSTEM INTEGRATION AGREEMENT- The term ‘Cost-Sharing and System Integration Agreement’ means the agreement to be executed by the United States, the State, the Pueblos, the County, and the City that--CommentsClose CommentsPermalink





(A) describes the location, capacity, and management (including the distribution of water to customers) of the Regional Water System; andCommentsClose CommentsPermalink





(B) allocates the costs of the Regional Water System with respect to--CommentsClose CommentsPermalink





(i) the construction, operation, maintenance, and repair of the Regional Water System;CommentsClose CommentsPermalink





(ii) rights-of-way for the Regional Water System; andCommentsClose CommentsPermalink





(iii) the acquisition of water rights.CommentsClose CommentsPermalink





(6) COUNTY- The term ‘County’ means Santa Fe County, New Mexico.CommentsClose CommentsPermalink





(7) COUNTY DISTRIBUTION SYSTEM- The term ‘County Distribution System’ means the portion of the Regional Water System that serves water customers on non-Pueblo land in the Pojoaque Basin.CommentsClose CommentsPermalink





(8) COUNTY WATER UTILITY- The term ‘County Water Utility’ means the water utility organized by the County to--CommentsClose CommentsPermalink





(A) receive water distributed by the Authority; andCommentsClose CommentsPermalink





(B) provide the water received under subparagraph (A) to customers on non-Pueblo land in the Pojoaque Basin.CommentsClose CommentsPermalink





(9) ENGINEERING REPORT- The term ‘Engineering Report’ means the report entitled ‘Pojoaque Regional Water System Engineering Report’ dated September 2008 and any amendments thereto, including any modifications which may be required by section 101(d)(2).CommentsClose CommentsPermalink





(10) FUND- The term ‘Fund’ means the Aamodt Settlement Pueblos’ Fund established by section 105(a).CommentsClose CommentsPermalink





(11) OPERATING AGREEMENT- The term ‘Operating Agreement’ means the agreement between the Pueblos and the County executed under section 102(a).CommentsClose CommentsPermalink





(12) OPERATIONS, MAINTENANCE, AND REPLACEMENT COSTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘operations, maintenance, and replacement costs’ means all costs for the operation of the Regional Water System that are necessary for the safe, efficient, and continued functioning of the Regional Water System to produce the benefits described in the Settlement Agreement.CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘operations, maintenance, and replacement costs’ does not include construction costs or costs related to construction design and planning.CommentsClose CommentsPermalink





(13) POJOAQUE BASIN-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Pojoaque Basin’ means the geographic area limited by a surface water divide (which can be drawn on a topographic map), within which area rainfall and runoff flow into arroyos, drainages, and named tributaries that eventually drain to--CommentsClose CommentsPermalink





(i) the Rio Pojoaque; orCommentsClose CommentsPermalink





(ii) the 2 unnamed arroyos immediately south; andCommentsClose CommentsPermalink





(iii) 2 arroyos (including the Arroyo Alamo) that are north of the confluence of the Rio Pojoaque and the Rio Grande.CommentsClose CommentsPermalink





(B) INCLUSION- The term ‘Pojoaque Basin’ includes the San Ildefonso Eastern Reservation recognized by section 8 of Public Law 87-231 (75 Stat. 505).CommentsClose CommentsPermalink





(14) PUEBLO- The term ‘Pueblo’ means each of the pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque.CommentsClose CommentsPermalink





(15) PUEBLOS- The term ‘Pueblos’ means collectively the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.CommentsClose CommentsPermalink





(16) PUEBLO LAND- The term ‘Pueblo land’ means any real property that is--CommentsClose CommentsPermalink





(A) held by the United States in trust for a Pueblo within the Pojoaque Basin;CommentsClose CommentsPermalink





(B)(i) owned by a Pueblo within the Pojoaque Basin before the date on which a court approves the Settlement Agreement; orCommentsClose CommentsPermalink





(ii) acquired by a Pueblo on or after the date on which a court approves the Settlement Agreement, if the real property is located--CommentsClose CommentsPermalink





(I) within the exterior boundaries of the Pueblo, as recognized and conformed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); orCommentsClose CommentsPermalink





(II) within the exterior boundaries of any territory set aside for the Pueblo by law, executive order, or court decree;CommentsClose CommentsPermalink





(C) owned by a Pueblo or held by the United States in trust for the benefit of a Pueblo outside the Pojoaque Basin that is located within the exterior boundaries of the Pueblo as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); orCommentsClose CommentsPermalink





(D) within the exterior boundaries of any real property located outside the Pojoaque Basin set aside for a Pueblo by law, executive order, or court decree, if the land is within or contiguous to land held by the United States in trust for the Pueblo as of January 1, 2005.CommentsClose CommentsPermalink





(17) PUEBLO WATER FACILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Pueblo Water Facility’ means--CommentsClose CommentsPermalink





(i) a portion of the Regional Water System that serves only water customers on Pueblo land; andCommentsClose CommentsPermalink





(ii) portions of a Pueblo water system in existence on the date of enactment of this Act that serve water customers on non-Pueblo land, also in existence on the date of enactment of this Act, or their successors, that are--CommentsClose CommentsPermalink





(I) depicted in the final project design, as modified by the drawings reflecting the completed Regional Water System; andCommentsClose CommentsPermalink





(II) described in the Operating Agreement.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘Pueblo Water Facility’ includes--CommentsClose CommentsPermalink





(i) the barrier dam and infiltration project on the Rio Pojoaque described in the Engineering Report; andCommentsClose CommentsPermalink





(ii) the Tesuque Pueblo infiltration pond described in the Engineering Report.CommentsClose CommentsPermalink





(18) REGIONAL WATER SYSTEM-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Regional Water System’ means the Regional Water System described in section 101(a).CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘Regional Water System’ does not include the County or Pueblo water supply delivered through the Regional Water System.CommentsClose CommentsPermalink





(19) SAN JUAN-CHAMA PROJECT- The term ‘San Juan-Chama Project’ means the Project authorized by section 8 of the Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 Stat. 105).CommentsClose CommentsPermalink





(20) SAN JUAN-CHAMA PROJECT ACT- The term ‘San Juan-Chama Project Act’ means sections 8 through 18 of the Act of June 13, 1962 (76 Stat. 96, 97).CommentsClose CommentsPermalink





(21) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(22) SETTLEMENT AGREEMENT- The term ‘Settlement Agreement’ means the stipulated and binding agreement among the State, the Pueblos, the United States, the County, and the City dated January 19, 2006, and signed by all of the government parties to the Settlement Agreement (other than the United States) on May 3, 2006, and as amended in conformity with this Act.CommentsClose CommentsPermalink





(23) STATE- The term ‘State’ means the State of New Mexico.CommentsClose CommentsPermalink

TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEMCommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM.

(a) In General- The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct a regional water system in accordance with the Settlement Agreement, to be known as the ‘Regional Water System’--CommentsClose CommentsPermalink





(1) to divert and distribute water to the Pueblos and to the County Water Utility, in accordance with the Engineering Report; andCommentsClose CommentsPermalink





(2) that consists of--CommentsClose CommentsPermalink





(A) surface water diversion facilities at San Ildefonso Pueblo on the Rio Grande; andCommentsClose CommentsPermalink





(B) any treatment, transmission, storage and distribution facilities and wellfields for the County Distribution System and Pueblo Water Facilities that are necessary to supply 4,000 acre-feet of water within the Pojoaque Basin, unless modified in accordance with subsection (d)(2).CommentsClose CommentsPermalink





(b) Final Project Design- The Secretary shall issue a final project design within 90 days of completion of the environmental compliance described in section 106 for the Regional Water System that--CommentsClose CommentsPermalink





(1) is consistent with the Engineering Report; andCommentsClose CommentsPermalink





(2) includes a description of any Pueblo Water Facilities.CommentsClose CommentsPermalink





(c) Acquisition of Land; Water Rights-CommentsClose CommentsPermalink





(1) ACQUISITION OF LAND- Upon request, and in exchange for the funding which shall be provided in section 107(c), the Pueblos shall consent to the grant of such easements and rights-of-way as may be necessary for the construction of the Regional Water System at no cost to the Secretary. To the extent that the State or County own easements or rights-of-way that may be used for construction of the Regional Water System, the State or County shall provide that land or interest in land as necessary for construction at no cost to the Secretary. The Secretary shall acquire any other land or interest in land that is necessary for the construction of the Regional Water System.CommentsClose CommentsPermalink





(2) WATER RIGHTS- The Secretary shall not condemn water rights for purposes of the Regional Water System.CommentsClose CommentsPermalink





(d) Conditions for Construction-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall not begin construction of the Regional Water System facilities until the date on which--CommentsClose CommentsPermalink





(A) the Secretary executes--CommentsClose CommentsPermalink





(i) the Settlement Agreement; andCommentsClose CommentsPermalink





(ii) the Cost-Sharing and System Integration Agreement; andCommentsClose CommentsPermalink





(B) the State and the County have entered into an agreement with the Secretary to contribute the non-Federal share of the costs of the construction in accordance with the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(2) MODIFICATIONS TO REGIONAL WATER SYSTEM-CommentsClose CommentsPermalink





(A) IN GENERAL- The State and the County, in agreement with the Pueblos, the City, and other signatories to the Cost-Sharing and System Integration Agreement, may modify the extent, size, and capacity of the County Distribution System as set forth in the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(B) EFFECT- A modification under subparagraph (A)--CommentsClose CommentsPermalink





(i) shall not affect implementation of the Settlement Agreement so long as the provisions in section 203 are satisfied; andCommentsClose CommentsPermalink





(ii) may result in an adjustment of the State and County cost-share allocation as set forth in the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(e) Applicable Law- The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design and construction of the Regional Water System.CommentsClose CommentsPermalink





(f) Construction Costs-CommentsClose CommentsPermalink





(1) PUEBLO WATER FACILITIES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), the expenditures of the Secretary to construct the Pueblo Water Facilities under this section shall not exceed $106,400,000.CommentsClose CommentsPermalink





(B) EXCEPTION- The amount described in subparagraph (A) shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2006, as determined using applicable engineering cost indices.CommentsClose CommentsPermalink





(2) COSTS TO PUEBLO- The costs incurred by the Secretary in carrying out activities to construct the Pueblo Water Facilities under this section shall not be reimbursable to the United States.CommentsClose CommentsPermalink





(3) COUNTY DISTRIBUTION SYSTEM- The costs of constructing the County Distribution System shall be at State and local expense.CommentsClose CommentsPermalink





(g) State and Local Capital Obligations- The State and local capital obligations for the Regional Water System described in the Cost-Sharing and System Integration Agreement shall be satisfied on the payment of the State and local capital obligations described in the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(h) Conveyance of Regional Water System Facilities-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), on completion of the construction of the Regional Water System, the Secretary, in accordance with the Operating Agreement, shall convey to--CommentsClose CommentsPermalink





(A) each Pueblo the portion of any Pueblo Water Facility that is located within the boundaries of the Pueblo, including any land or interest in land located within the boundaries of the Pueblo that is acquired by the United States for the construction of the Pueblo Water Facility;CommentsClose CommentsPermalink





(B) the County the County Distribution System, including any land or interest in land acquired by the United States for the construction of the County Distribution System; andCommentsClose CommentsPermalink





(C) the Authority any portions of the Regional Water System that remain after making the conveyances under subparagraphs (A) and (B), including any land or interest in land acquired by the United States for the construction of the portions of the Regional Water System.CommentsClose CommentsPermalink





(2) CONDITIONS FOR CONVEYANCE- The Secretary shall not convey any portion of the Regional Water System facilities under paragraph (1) until the date on which--CommentsClose CommentsPermalink





(A) construction of the Regional Water System is complete; andCommentsClose CommentsPermalink





(B) the Operating Agreement is executed in accordance with section 102.CommentsClose CommentsPermalink





(3) SUBSEQUENT CONVEYANCE- On conveyance by the Secretary under paragraph (1), the Pueblos, the County, and the Authority shall not reconvey any portion of the Regional Water System conveyed to the Pueblos, the County, and the Authority, respectively, unless the reconveyance is authorized by an Act of Congress enacted after the date of enactment of this Act.CommentsClose CommentsPermalink





(4) INTEREST OF THE UNITED STATES- On conveyance of a portion of the Regional Water System under paragraph (1), the United States shall have no further right, title, or interest in and to the portion of the Regional Water System conveyed.CommentsClose CommentsPermalink





(5) ADDITIONAL CONSTRUCTION- On conveyance of a portion of the Regional Water System under paragraph (1), the Pueblos, County, or the Authority, as applicable, may, at the expense of the Pueblos, County, or the Authority, construct any additional infrastructure that is necessary to fully use the water delivered by the Regional Water System.CommentsClose CommentsPermalink





(6) LIABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- Effective on the date of conveyance of any land or facility under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land and facilities conveyed, other than damages caused by acts of negligence by the United States, or by employees or agents of the United States, prior to the date of conveyance.CommentsClose CommentsPermalink





(B) TORT CLAIMS- Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the ‘Federal Tort Claims Act’).CommentsClose CommentsPermalink





(7) EFFECT- Nothing in any transfer of ownership provided or any conveyance thereto as provided in this section shall extinguish the right of any Pueblo, the County, or the Regional Water Authority to the continuous use and benefit of each easement or right of way for the use, operation, maintenance, repair, and replacement of Pueblo Water Facilities, the County Distribution System or the Regional Water System or for wastewater purposes as provided in the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink

SEC. 102. OPERATING AGREEMENT.

(a) In General- The Pueblos and the County shall submit to the Secretary an executed Operating Agreement for the Regional Water System that is consistent with this Act, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement not later than 180 days after the later of--CommentsClose CommentsPermalink





(1) the date of completion of environmental compliance and permitting; orCommentsClose CommentsPermalink





(2) the date of issuance of a final project design for the Regional Water System under section 101(b).CommentsClose CommentsPermalink





(b) Approval- Not later than 180 days after receipt of the operating agreement described in subsection (a), the Secretary shall approve the Operating Agreement upon determination that the Operating Agreement is consistent with this Act, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(c) Contents- The Operating Agreement shall include--CommentsClose CommentsPermalink





(1) provisions consistent with the Settlement Agreement and the Cost-Sharing and System Integration Agreement and necessary to implement the intended benefits of the Regional Water System described in those documents;CommentsClose CommentsPermalink





(2) provisions for--CommentsClose CommentsPermalink





(A) the distribution of water conveyed through the Regional Water System, including a delineation of--CommentsClose CommentsPermalink





(i) distribution lines for the County Distribution System;CommentsClose CommentsPermalink





(ii) distribution lines for the Pueblo Water Facilities; andCommentsClose CommentsPermalink





(iii) distribution lines that serve both--CommentsClose CommentsPermalink





(I) the County Distribution System; andCommentsClose CommentsPermalink





(II) the Pueblo Water Facilities;CommentsClose CommentsPermalink





(B) the allocation of the Regional Water System capacity;CommentsClose CommentsPermalink





(C) the terms of use of unused water capacity in the Regional Water System;CommentsClose CommentsPermalink





(D) the construction of additional infrastructure and the acquisition of associated rights-of-way or easements necessary to enable any of the Pueblos or the County to fully use water allocated to the Pueblos or the County from the Regional Water System, including provisions addressing when the construction of such additional infrastructure requires approval by the Authority;CommentsClose CommentsPermalink





(E) the allocation and payment of annual operation, maintenance, and replacement costs for the Regional Water System, including the portions of the Regional Water System that are used to treat, transmit, and distribute water to both the Pueblo Water Facilities and the County Water Utility;CommentsClose CommentsPermalink





(F) the operation of wellfields located on Pueblo land;CommentsClose CommentsPermalink





(G) the transfer of any water rights necessary to provide the Pueblo water supply described in section 103(a);CommentsClose CommentsPermalink





(H) the operation of the Regional Water System with respect to the water supply, including the allocation of the water supply in accordance with section 3.1.8.4.2 of the Settlement Agreement so that, in the event of a shortage of supply to the Regional Water System, the supply to each of the Pueblos’ and to the County’s distribution system shall be reduced on a prorata basis, in proportion to each distribution system’s most current annual use; andCommentsClose CommentsPermalink





(I) dispute resolution; andCommentsClose CommentsPermalink





(3) provisions for operating and maintaining the Regional Water System facilities before and after conveyance under section 101(h), including provisions to--CommentsClose CommentsPermalink





(A) ensure that--CommentsClose CommentsPermalink





(i) the operation of, and the diversion and conveyance of water by, the Regional Water System is in accordance with the Settlement Agreement;CommentsClose CommentsPermalink





(ii) the wells in the Regional Water System are used in conjunction with the surface water supply of the Regional Water System to ensure a reliable firm supply of water to all users of the Regional Water System, consistent with the intent of the Settlement Agreement that surface supplies will be used to the maximum extent feasible;CommentsClose CommentsPermalink





(iii) the respective obligations regarding delivery, payment, operation, and management are enforceable; andCommentsClose CommentsPermalink





(iv) the County has the right to serve any new water users located on non-Pueblo land in the Pojoaque Basin; andCommentsClose CommentsPermalink





(B) allow for any aquifer storage and recovery projects that are approved by the Office of the New Mexico State Engineer.CommentsClose CommentsPermalink





(d) Effect- Nothing in this Act precludes the Operating Agreement from authorizing phased or interim operations if the Regional Water System is constructed in phases.CommentsClose CommentsPermalink

SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR THE REGIONAL WATER SYSTEM.

(a) In General- For the purpose of providing a reliable firm supply of water from the Regional Water System for the Pueblos in accordance with the Settlement Agreement, the Secretary, on behalf of the Pueblos, shall--CommentsClose CommentsPermalink





(1) acquire water rights to--CommentsClose CommentsPermalink





(A) 302 acre-feet of Nambe reserved water described in section 2.6.2 of the Settlement Agreement pursuant to section 107(c)(1)(C); andCommentsClose CommentsPermalink





(B) 1141 acre-feet from water acquired by the County for water rights commonly referred to as ‘Top of the World’ rights in the Aamodt Case;CommentsClose CommentsPermalink





(2) enter into a contract with the Pueblos for 1,079 acre-feet in accordance with section 11 of the San Juan-Chama Project Act; andCommentsClose CommentsPermalink





(3) by application to the State Engineer, seek approval to divert the water acquired and made available under paragraphs (1) and (2) at the points of diversion for the Regional Water System, consistent with the Settlement Agreement and the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(b) Forfeiture- The nonuse of the water supply secured by the Secretary for the Pueblos under subsection (a) shall in no event result in forfeiture, abandonment, relinquishment, or other loss thereof.CommentsClose CommentsPermalink





(c) Trust- The Pueblo water supply secured under subsection (a) shall be held by the United States in trust for the Pueblos.CommentsClose CommentsPermalink





(d) Applicable Law- The water supply made available pursuant to subsection (a)(2) shall be subject to the San Juan-Chama Project Act, and no preference shall be provided to the Pueblos as a result of subsection (c) with regard to the delivery or distribution of San Juan-Chama Project water or the management or operation of the San Juan-Chama Project.CommentsClose CommentsPermalink





(e) Contract for San Juan-Chama Project Water Supply- With respect to the contract for the water supply required by subsection (a)(2), such San Juan-Chama Project contract shall be pursuant to the following terms:CommentsClose CommentsPermalink





(1) WAIVERS- Notwithstanding the provisions of the San Juan-Chama Project Act, or any other provision of law--CommentsClose CommentsPermalink





(A) the Secretary shall waive the entirety of the Pueblos’ share of the construction costs for the San Juan-Chama Project, and pursuant to that waiver, the Pueblos’ share of all construction costs for the San Juan-Chama Project, inclusive of both principal and interest, due from 1972 to the execution of the contract required by subsection (a)(2), shall be nonreimbursable;CommentsClose CommentsPermalink





(B) the Secretary’s waiver of each Pueblo’s share of the construction costs for the San Juan-Chama Project will not result in an increase in the pro rata shares of other San Juan-Chama Project water contractors, but such costs shall be absorbed by the United States Treasury or otherwise appropriated to the Department of the Interior; andCommentsClose CommentsPermalink





(C) the costs associated with any water made available from the San Juan-Chama Project which were determined nonreimbursable and nonreturnable pursuant to Public Law No. 88-293, 78 Stat. 171 (March 26, 1964), shall remain nonreimbursable and nonreturnable.CommentsClose CommentsPermalink





(2) TERMINATION- The contract shall provide that it shall terminate only upon the following conditions--CommentsClose CommentsPermalink





(A) failure of the United States District Court for the District of New Mexico to enter a final decree for the Aamodt Case by December 15, 2012, or within the time period of any extension of that deadline granted by the court; orCommentsClose CommentsPermalink





(B) entry of an order by the United States District Court for the District of New Mexico voiding the final decree and Settlement Agreement for the Aamodt Case pursuant to section 10.3 of the Settlement Agreement.CommentsClose CommentsPermalink





(f) Limitation- The Secretary shall use the water supply secured under subsection (a) only for the purposes described in the Settlement Agreement.CommentsClose CommentsPermalink





(g) Fulfillment of Water Supply Acquisition Obligations- Compliance with subsections (a) through (f) shall satisfy any and all obligations of the Secretary to acquire or secure a water supply for the Pueblos pursuant to the Settlement Agreement.CommentsClose CommentsPermalink





(h) Rights of Pueblos in Settlement Agreement Unaffected- Notwithstanding the provisions of subsections (a) through (g), the Pueblos, the County or the Regional Water Authority may acquire any additional water rights to ensure all parties to the Settlement Agreement receive the full allocation of water provided by the Settlement Agreement and nothing in this Act amends or modifies the quantities of water allocated to the Pueblos thereunder.CommentsClose CommentsPermalink

SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM CAPACITY AND WATER.

(a) Allocation of Regional Water System Capacity-CommentsClose CommentsPermalink





(1) IN GENERAL- The Regional Water System shall have the capacity to divert from the Rio Grande a quantity of water sufficient to provide--CommentsClose CommentsPermalink





(A) up to 4,000 acre-feet of consumptive use of water; andCommentsClose CommentsPermalink





(B) the requisite peaking capacity described in--CommentsClose CommentsPermalink





(i) the Engineering Report; andCommentsClose CommentsPermalink





(ii) the final project design.CommentsClose CommentsPermalink





(2) ALLOCATION TO THE PUEBLOS AND COUNTY WATER UTILITY- Of the capacity described in paragraph (1)--CommentsClose CommentsPermalink





(A) there shall be allocated to the Pueblos--CommentsClose CommentsPermalink





(i) sufficient capacity for the conveyance of 2,500 acre-feet consumptive use; andCommentsClose CommentsPermalink





(ii) the requisite peaking capacity for the quantity of water described in clause (i); andCommentsClose CommentsPermalink





(B) there shall be allocated to the County Water Utility--CommentsClose CommentsPermalink





(i) sufficient capacity for the conveyance of up to 1,500 acre-feet consumptive use; andCommentsClose CommentsPermalink





(ii) the requisite peaking capacity for the quantity of water described in clause (i).CommentsClose CommentsPermalink





(3) APPLICABLE LAW- Water shall be allocated to the Pueblos and the County Water Utility under this subsection in accordance with--CommentsClose CommentsPermalink





(A) this title;CommentsClose CommentsPermalink





(B) the Settlement Agreement; andCommentsClose CommentsPermalink





(C) the Operating Agreement.CommentsClose CommentsPermalink





(b) Delivery of Regional Water System Water- The Authority shall deliver water from the Regional Water System--CommentsClose CommentsPermalink





(1) to the Pueblos water in a quantity sufficient to allow full consumptive use of up to 2,500 acre-feet per year of water rights by the Pueblos in accordance with--CommentsClose CommentsPermalink





(A) the Settlement Agreement;CommentsClose CommentsPermalink





(B) the Operating Agreement; andCommentsClose CommentsPermalink





(C) this title; andCommentsClose CommentsPermalink





(2) to the County water in a quantity sufficient to allow full consumptive use of up to 1,500 acre-feet per year of water rights by the County Water Utility in accordance with--CommentsClose CommentsPermalink





(A) the Settlement Agreement;CommentsClose CommentsPermalink





(B) the Operating Agreement; andCommentsClose CommentsPermalink





(C) this title.CommentsClose CommentsPermalink





(c) Additional Use of Allocation Quantity and Unused Capacity- The Regional Water System may be used to--CommentsClose CommentsPermalink





(1) provide for use of return flow credits to allow for full consumptive use of the water allocated in the Settlement Agreement to each of the Pueblos and to the County; andCommentsClose CommentsPermalink





(2) convey water allocated to one of the Pueblos or the County Water Utility for the benefit of another Pueblo or the County Water Utility or allow use of unused capacity by each other through the Regional Water System in accordance with an intergovernmental agreement between the Pueblos, or between a Pueblo and County Water Utility, as applicable, if--CommentsClose CommentsPermalink





(A) such intergovernmental agreements are consistent with the Operating Agreement, the Settlement Agreement, and this Act;CommentsClose CommentsPermalink





(B) capacity is available without reducing water delivery to any Pueblo or the County Water Utility in accordance with the Settlement Agreement, unless the County Water Utility or Pueblo contracts for a reduction in water delivery or Regional Water System capacity;CommentsClose CommentsPermalink





(C) the Pueblo or County Water Utility contracting for use of the unused capacity or water has the right to use the water under applicable law; andCommentsClose CommentsPermalink





(D) any agreement for the use of unused capacity or water provides for payment of the operation, maintenance, and replacement costs associated with the use of capacity or water.CommentsClose CommentsPermalink

SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND.

(a) Establishment of the Aamodt Settlement Pueblos’ Fund- There is established in the Treasury of the United States a fund, to be known as the ‘Aamodt Settlement Pueblos’ Fund,’ consisting of--CommentsClose CommentsPermalink





(1) such amounts as are made available to the Fund under section 107(c) or other authorized sources; andCommentsClose CommentsPermalink





(2) any interest earned from investment of amounts in the Fund under subsection (b).CommentsClose CommentsPermalink





(b) Management of the Fund- The Secretary shall manage the Fund, invest amounts in the Fund, and make amounts available from the Fund for distribution to the Pueblos in accordance with--CommentsClose CommentsPermalink





(1) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); andCommentsClose CommentsPermalink





(2) this Act.CommentsClose CommentsPermalink





(c) Investment of the Fund- On the date set forth in section 203(a)(1), the Secretary shall invest amounts in the Fund in accordance with--CommentsClose CommentsPermalink





(1) the Act of April 1, 1880 (25 U.S.C. 161);CommentsClose CommentsPermalink





(2) the first section of the Act of June 24, 1938 (25 U.S.C. 162a); andCommentsClose CommentsPermalink





(3) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).CommentsClose CommentsPermalink





(d) Tribal Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- A Pueblo may withdraw all or part of the Pueblo’s portion of the Fund on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).CommentsClose CommentsPermalink





(2) 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 shall require that a Pueblo spend any amounts withdrawn from the Fund in accordance with the purposes described in section 107(c).CommentsClose CommentsPermalink





(3) ENFORCEMENT- The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Fund under an approved tribal management plan are used in accordance with this title.CommentsClose CommentsPermalink





(4) LIABILITY- If a Pueblo or the Pueblos exercise the right to withdraw amounts from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts withdrawn.CommentsClose CommentsPermalink





(5) EXPENDITURE PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- The Pueblos shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Fund that the Pueblos do not withdraw under this subsection.CommentsClose CommentsPermalink





(B) DESCRIPTION- The expenditure plan shall describe the manner in which, and the purposes for which, amounts remaining in the Fund will be used.CommentsClose CommentsPermalink





(C) APPROVAL- On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this Act, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement.CommentsClose CommentsPermalink





(D) ANNUAL REPORT- The Pueblos shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report.CommentsClose CommentsPermalink





(6) NO PER CAPITA PAYMENTS- No part of the principal of the Fund, or the interest or income accruing on the principal shall be distributed to any member of a Pueblo on a per capita basis.CommentsClose CommentsPermalink





(7) AVAILABILITY OF AMOUNTS FROM THE FUND-CommentsClose CommentsPermalink





(A) APPROVAL OF SETTLEMENT AGREEMENT- Amounts made available under subparagraphs (A) and (C) of section 107(c)(1) or from other authorized sources shall be available for expenditure or withdrawal only after the date on which the United States District Court for the District of New Mexico issues an order approving the Settlement Agreement.CommentsClose CommentsPermalink





(B) COMPLETION OF CERTAIN PORTIONS OF REGIONAL WATER SYSTEM- Amounts made available under section 107(c)(1)(B) or from other authorized sources shall be available for expenditure or withdrawal only after those portions of the Regional Water System described in section 1.5.24 of the Settlement Agreement have been declared substantially complete by the Secretary.CommentsClose CommentsPermalink





(C) FAILURE TO FULFILL CONDITIONS PRECEDENT- If the conditions precedent in section 203 have not been fulfilled by September 15, 2017, the United States shall be entitled to set off any funds expended or withdrawn from the amounts appropriated pursuant to section 107(c), together with any interest accrued, against any claims asserted by the Pueblos against the United States relating to the water rights in the Pojoaque Basin.CommentsClose CommentsPermalink

SEC. 106. ENVIRONMENTAL COMPLIANCE.

(a) In General- In carrying out this title, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including--CommentsClose CommentsPermalink





(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink





(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).CommentsClose CommentsPermalink





(b) National Environmental Policy Act- Nothing in this Act affects the outcome of any analysis conducted by the Secretary or any other Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

(a) Regional Water System-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (4), there is authorized to be appropriated to the Secretary for the planning, design, and construction of the Regional Water System and the conduct of environmental compliance activities under section 106 an amount not to exceed $106,400,000, as adjusted under paragraph (3), for the period of fiscal years 2010 through 2022, to remain available until expended.CommentsClose CommentsPermalink





(2) PRIORITY OF FUNDING- Of the amounts authorized under paragraph (1), the Secretary shall give priority to funding--CommentsClose CommentsPermalink





(A) the construction of the San Ildefonso portion of the Regional Water System, consisting of--CommentsClose CommentsPermalink





(i) the surface water diversion, treatment, and transmission facilities at San Ildefonso Pueblo; andCommentsClose CommentsPermalink





(ii) the San Ildefonso Pueblo portion of the Pueblo Water Facilities; andCommentsClose CommentsPermalink





(B) that part of the Regional Water System providing 475 acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the Settlement Agreement.CommentsClose CommentsPermalink





(3) ADJUSTMENT- The amount authorized under paragraph (1) shall be adjusted annually to account for increases in construction costs since October 1, 2006, as determined using applicable engineering cost indices.CommentsClose CommentsPermalink





(4) LIMITATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- No amounts shall be made available under paragraph (1) for the construction of the Regional Water System until the date on which the United States District Court for the District of New Mexico issues an order approving the Settlement Agreement.CommentsClose CommentsPermalink





(B) RECORD OF DECISION- No amounts made available under paragraph (1) shall be expended unless the record of decision issued by the Secretary after completion of an environmental impact statement provides for a preferred alternative that is in substantial compliance with the proposed Regional Water System, as defined in the Engineering Report.CommentsClose CommentsPermalink





(b) Acquisition of Water Rights- There is authorized to be appropriated to the Secretary funds for the acquisition of the water rights under section 103(a)(1)(B)--CommentsClose CommentsPermalink





(1) in the amount of $5,400,000.00 if such acquisition is completed by December 31, 2010; andCommentsClose CommentsPermalink





(2) the amount authorized under paragraph (b)(1) shall be adjusted according to the CPI Urban Index commencing January 1, 2011.CommentsClose CommentsPermalink





(c) Aamodt Settlement Pueblos’ Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated to the Fund the following amounts for the period of fiscal years 2010 through 2022:CommentsClose CommentsPermalink





(A) $15,000,000, which shall be allocated to the Pueblos, in accordance with section 2.7.1 of the Settlement Agreement, for the rehabilitation, improvement, operation, maintenance, and replacement of the agricultural delivery facilities, waste water systems, and other water-related infrastructure of the applicable Pueblo. The amount authorized herein shall be adjusted according to the CPI Urban Index commencing October 1, 2006.CommentsClose CommentsPermalink





(B) $37,500,000, which shall be allocated to an account, to be established not later than January 1, 2016, to assist the Pueblos in paying the Pueblos’ share of the cost of operating, maintaining, and replacing the Pueblo Water Facilities and the Regional Water System.CommentsClose CommentsPermalink





(C) $5,000,000 and any interest thereon, which shall be allocated to the Pueblo of Nambe for the acquisition of the Nambe reserved water rights in accordance with section 103(a)(1)(A). The amount authorized herein shall be adjusted according to the CPI Urban Index commencing January 1, 2011. The funds provided under this section may be used by the Pueblo of Nambe only for the acquisition of land, other real property interests, or economic development.CommentsClose CommentsPermalink





(2) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Prior to conveyance of the Regional Water System pursuant to section 101, the Secretary is authorized to and shall pay any operation, maintenance or replacement costs associated with the Pueblo Water Facilities or the Regional Water System up to an amount that does not exceed $5,000,000, which is authorized to be appropriated to the Secretary.CommentsClose CommentsPermalink





(B) OBLIGATION OF FEDERAL GOVERNMENT AFTER COMPLETION- The amount authorized under subparagraph (A) shall expire after the date on which construction of the Regional Water System is completed and the amounts required to be deposited in the account have been deposited under this section by the Federal Government.CommentsClose CommentsPermalink

TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENTCommentsClose CommentsPermalink

SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

(a) Approval- To the extent the Settlement Agreement and the Cost-Sharing and System Integration Agreement do not conflict with this Act, the Settlement Agreement and the Cost-Sharing and System Integration Agreement (including any amendments to the Settlement Agreement and the Cost-Sharing and System Integration Agreement that are executed to make the Settlement Agreement or the Cost-Sharing and System Integration Agreement consistent with this Act) are authorized, ratified, and confirmed.CommentsClose CommentsPermalink





(b) Execution- To the extent the Settlement Agreement and the Cost-Sharing and System Integration Agreement do not conflict with this Act, the Secretary shall execute the Settlement Agreement and the Cost-Sharing and System Integration Agreement (including any amendments that are necessary to make the Settlement Agreement or the Cost-Sharing and System Integration Agreement consistent with this Act).CommentsClose CommentsPermalink





(c) Authorities of the Pueblos-CommentsClose CommentsPermalink





(1) IN GENERAL- Each of the Pueblos may enter into contracts to lease or exchange water rights or to forbear undertaking new or expanded water uses for water rights recognized in section 2.1 of the Settlement Agreement for use within the Pojoaque Basin in accordance with the other limitations of section 2.1.5 of the Settlement Agreement provided that section 2.1.5 is amended accordingly.CommentsClose CommentsPermalink





(2) EXECUTION- The Secretary shall not execute the Settlement Agreement until such amendment is accomplished under paragraph (1).CommentsClose CommentsPermalink





(3) APPROVAL BY SECRETARY- Consistent with the Settlement Agreement as amended under paragraph (1), the Secretary shall approve or disapprove a lease entered into under paragraph (1).CommentsClose CommentsPermalink





(4) PROHIBITION ON PERMANENT ALIENATION- No lease or contract under paragraph (1) shall be for a term exceeding 99 years, nor shall any such lease or contract provide for permanent alienation of any portion of the water rights made available to the Pueblos under the Settlement Agreement.CommentsClose CommentsPermalink





(5) APPLICABLE LAW- Section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any lease or contract entered into under paragraph (1).CommentsClose CommentsPermalink





(6) LEASING OR MARKETING OF WATER SUPPLY- The water supply provided on behalf of the Pueblos pursuant to section 103(a)(1) may only be leased or marketed by any of the Pueblos pursuant to the intergovernmental agreements described in section 104(c)(2).CommentsClose CommentsPermalink





(d) Amendments to Contracts- The Secretary shall amend the contracts relating to the Nambe Falls Dam and Reservoir that are necessary to use water supplied from the Nambe Falls Dam and Reservoir in accordance with the Settlement Agreement.CommentsClose CommentsPermalink

SEC. 202. ENVIRONMENTAL COMPLIANCE.

(a) Effect of Execution of Settlement Agreement- The execution of the Settlement Agreement under section 201(b) shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(b) Compliance With Environmental Laws- In carrying out this Act, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including--CommentsClose CommentsPermalink





(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink





(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).CommentsClose CommentsPermalink

SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

(a) Conditions Precedent-CommentsClose CommentsPermalink





(1) IN GENERAL- Upon the fulfillment of the conditions precedent described in paragraph (2), the Secretary shall publish in the Federal Register by September 15, 2017, a statement of finding that the conditions have been fulfilled.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The conditions precedent referred to in paragraph (1) are the conditions that--CommentsClose CommentsPermalink





(A) to the extent that the Settlement Agreement conflicts with this title, the Settlement Agreement has been revised to conform with this title;CommentsClose CommentsPermalink





(B) the Settlement Agreement, so revised, including waivers and releases pursuant to section 204, has been executed by the appropriate parties and the Secretary;CommentsClose CommentsPermalink





(C) Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized by section 107, with the exception of subsection (a)(1) of that section, by December 15, 2016;CommentsClose CommentsPermalink





(D) the Secretary has acquired and entered into appropriate contracts for the water rights described in section 103(a);CommentsClose CommentsPermalink





(E) for purposes of section 103(a), permits have been issued by the New Mexico State Engineer to the Regional Water Authority to change the points of diversion to the mainstem of the Rio Grande for the diversion and consumptive use of at least 2,381 acre-feet by the Pueblos as part of the water supply for the Regional Water System, subject to the conditions that--CommentsClose CommentsPermalink





(i) the permits shall be free of any condition that materially adversely affects the ability of the Pueblos or the Regional Water Authority to divert or use the Pueblo water supply described in section 103(a), including water rights acquired in addition to those described in section 103(a), in accordance with section 103(g); andCommentsClose CommentsPermalink





(ii) the Settlement Agreement shall establish the means to address any permit conditions to ensure the ability of the Pueblos to fully divert and consume at least 2,381 acre-feet as part of the water supply for the Regional Water System, including defining the conditions that will not constitute a material adverse affect;CommentsClose CommentsPermalink





(F) the State has enacted any necessary legislation and provided any funding that may be required under the Settlement Agreement;CommentsClose CommentsPermalink





(G) a partial final decree that sets forth the water rights and other rights to water to which the Pueblos are entitled under the Settlement Agreement and this title and that substantially conforms to the Settlement Agreement has been approved by the United States District Court for the District of New Mexico; andCommentsClose CommentsPermalink





(H) a final decree that sets forth the water rights for all parties to the Aamodt Case and that substantially conforms to the Settlement Agreement has been approved by the United States District Court for the District of New Mexico by June 15, 2017.CommentsClose CommentsPermalink





(b) Expiration Date- If all the conditions precedent described in subsection (a)(2) have not been fulfilled by September 15, 2017--CommentsClose CommentsPermalink





(1) the Settlement Agreement and this Act including waivers described in those documents shall no longer be effective; andCommentsClose CommentsPermalink





(2) any funds that have been appropriated under this Act but not expended shall immediately revert to the general fund of the United States Treasury.CommentsClose CommentsPermalink





(c) Enforcement Date- The Settlement Agreement shall become enforceable as of the date that the United States District Court for the District of New Mexico enters a partial final decree pursuant to subsection (a)(2)(E) and an Interim Administrative Order consistent with the Settlement Agreement.CommentsClose CommentsPermalink





(d) Effectiveness of Waivers- The waivers and releases executed pursuant to section 204 shall become effective as of the date that the Secretary publishes the notice required by subsection (a)(1).CommentsClose CommentsPermalink





(e) Requirements for Determination of Substantial Completion of the Regional Water System-CommentsClose CommentsPermalink





(1) CRITERIA FOR SUBSTANTIAL COMPLETION OF REGIONAL WATER SYSTEM- Subject to the provisions in section 101(d) concerning the extent, size, and capacity of the County Distribution System, the Regional Water System shall be determined to be substantially completed if the infrastructure has been constructed capable of--CommentsClose CommentsPermalink





(A) diverting, treating, transmitting, and distributing a supply of 2,500 acre-feet of water to the Pueblos; andCommentsClose CommentsPermalink





(B) diverting, treating, and transmitting the quantity of water specified in the Engineering Report to the County Distribution System.CommentsClose CommentsPermalink





(2) CONSULTATION- On or after June 30, 2021, at the request of 1 or more of the Pueblos, the Secretary shall consult with the Pueblos and confer with the County and the State on whether the criteria in paragraph (1) for substantial completion of the Regional Water System have been met or will be met by June 30, 2024.CommentsClose CommentsPermalink





(3) WRITTEN DETERMINATION BY SECRETARY- Not earlier than June 30, 2021, at the request of 1 or more of the Pueblos and after the consultation required by paragraph (2), the Secretary shall--CommentsClose CommentsPermalink





(A) determine whether the Regional Water System has been substantially completed based on the criteria described in paragraph (1); andCommentsClose CommentsPermalink





(B) submit a written notice of the determination under subparagraph (A) to--CommentsClose CommentsPermalink





(i) the Pueblos;CommentsClose CommentsPermalink





(ii) the County; andCommentsClose CommentsPermalink





(iii) the State.CommentsClose CommentsPermalink





(4) RIGHT TO REVIEW-CommentsClose CommentsPermalink





(A) IN GENERAL- A determination by the Secretary under paragraph (3)(A) shall be considered to be a final agency action subject to judicial review by the Decree Court under sections 701 through 706 of title 5, United States Code.CommentsClose CommentsPermalink





(B) FAILURE TO MAKE TIMELY DETERMINATION-CommentsClose CommentsPermalink





(i) IN GENERAL- If a Pueblo requests a written determination under paragraph (3) and the Secretary fails to make such a written determination by the date described in clause (ii), there shall be a rebuttable presumption that the failure constitutes agency action unlawfully withheld or unreasonably delayed under section 706 of title 5, United States Code.CommentsClose CommentsPermalink





(ii) DATE- The date referred to in clause (i) is the date that is the later of--CommentsClose CommentsPermalink





(I) the date that is 180 days after the date of receipt by the Secretary of the request by the Pueblo; andCommentsClose CommentsPermalink





(II) June 30, 2023.CommentsClose CommentsPermalink





(C) EFFECT OF ACT- Nothing in this Act gives any Pueblo or Settlement Party the right to judicial review of a determination of the Secretary regarding whether the Regional Water System has been substantially completed except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’).CommentsClose CommentsPermalink





(5) RIGHT TO VOID FINAL DECREE-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than June 30, 2024, on a determination by the Secretary, after consultation with the Pueblos, that the Regional Water System is not substantially complete, 1 or more of the Pueblos, or the United States acting on behalf of a Pueblo, shall have the right to notify the Decree Court of the determination.CommentsClose CommentsPermalink





(B) EFFECT- The Final Decree shall have no force or effect on a finding by the Decree Court that a Pueblo, or the United States acting on behalf of a Pueblo, has submitted proper notification under subparagraph (A).CommentsClose CommentsPermalink





(f) Voiding of Waivers- If the Final Decree is void under subsection (e)(5)--CommentsClose CommentsPermalink





(1) the Settlement Agreement shall no longer be effective;CommentsClose CommentsPermalink





(2) the waivers and releases executed pursuant to section 204 shall no longer be effective; andCommentsClose CommentsPermalink





(3) any unexpended Federal funds, together with any interest earned on those funds, and title to any property acquired or constructed with expended Federal funds shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress.CommentsClose CommentsPermalink

SEC. 204. WAIVERS AND RELEASES.

(a) Claims by the Pueblos and the United States- In return for recognition of the Pueblos’ water rights and other benefits, including waivers and releases by non-Pueblo parties, as set forth in the Settlement Agreement and this Act, the Pueblos, on behalf of themselves and their members, and the United States acting in its capacity as trustee for the Pueblos are authorized to execute a waiver and release of--CommentsClose CommentsPermalink





(1) all claims for water rights in the Pojoaque Basin that the Pueblos, or the United States acting in its capacity as trustee for the Pueblos, asserted, or could have asserted, in any proceeding, including the Aamodt Case, up to and including the waiver effectiveness date identified in section 203(d), except to the extent that such rights are recognized in the Settlement Agreement or this Act;CommentsClose CommentsPermalink





(2) all claims for water rights for lands in the Pojoaque Basin and for rights to use water in the Pojoaque Basin that the Pueblos, or the United States acting in its capacity as trustee for the Pueblos, might be able to otherwise assert in any proceeding not initiated on or before the date of enactment of this title, except to the extent that such rights are recognized in the Settlement Agreement or this Act;CommentsClose CommentsPermalink





(3) all claims for damages, losses or injuries to water rights or claims of interference with, diversion or taking of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking) for land within the Pojoaque Basin that accrued at any time up to and including the waiver effectiveness date identified in section 203(d);CommentsClose CommentsPermalink





(4) their defenses in the Aamodt Case to the claims previously asserted therein by other parties to the Settlement Agreement;CommentsClose CommentsPermalink





(5) all pending and future inter se challenges to the quantification and priority of water rights of non-Pueblo wells in the Pojoaque Basin, except as provided by section 2.8 of the Settlement Agreement;CommentsClose CommentsPermalink





(6) all pending and future inter se challenges against other parties to the Settlement Agreement;CommentsClose CommentsPermalink





(7) all claims for damages, losses, or injuries to water rights or claims of interference with, diversion or taking of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water) attributable to City of Santa Fe pumping of groundwater that has effects on the ground and surface water supplies of the Pojoaque Basin, provided that this waiver shall not be effective by the Pueblo of Tesuque unless there is a water resources agreement executed between the Pueblo of Tesuque and the City of Santa Fe; andCommentsClose CommentsPermalink





(8) all claims for damages, losses, or injuries to water rights or claims of interference with, diversion or taking of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water) attributable to County of Santa Fe pumping of groundwater that has effects on the ground and surface water supplies of the Pojoaque Basin.CommentsClose CommentsPermalink





(b) Claims by the Pueblos Against the United States- The Pueblos, on behalf of themselves and their members, are authorized to execute a waiver and release of--CommentsClose CommentsPermalink





(1) all claims against the United States, its agencies, or employees, relating to claims for water rights in or water of the Pojoaque Basin or for rights to use water in the Pojoaque Basin that the United States acting in its capacity as trustee for the Pueblos asserted, or could have asserted, in any proceeding, including the Aamodt Case;CommentsClose CommentsPermalink





(2) all claims against the United States, its agencies, or employees relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses or injuries to hunting, fishing, gathering or cultural rights due to loss of water or water rights; claims relating to interference with, diversion or taking of water or water rights; or claims relating to failure to protect, acquire, replace, or develop water, water rights or water infrastructure) within the Pojoaque Basin that first accrued at any time up to and including the waiver effectiveness date identified in section 203(d);CommentsClose CommentsPermalink





(3) all claims against the United States, its agencies, or employees for an accounting of funds appropriated by Acts, including the Act of December 22, 1927 (45 Stat. 2), the Act of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 (46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), the Act of March 4, 1931 (46 Stat. 1552), the Act of July 1, 1932 (47 Stat. 525), the Act of June 22, 1936 (49 Stat. 1757), the Act of August 9, 1937 (50 Stat. 564), and the Act of May 9, 1938 (52 Stat. 291), as authorized by the Pueblo Lands Act of June 7, 1924 (43 Stat. 636), and the Pueblo Lands Act of May 31, 1933 (48 Stat. 108), and for breach of Trust relating to funds for water replacement appropriated by said Acts that first accrued before the date of enactment of this Act;CommentsClose CommentsPermalink





(4) all claims against the United States, its agencies, or employees relating to the pending litigation of claims relating to the Pueblos’ water rights in the Aamodt Case; andCommentsClose CommentsPermalink





(5) all claims against the United States, its agencies, or employees relating to the negotiation, Execution or the adoption of the Settlement Agreement, exhibits thereto, the Partial Final Decree, the Final Decree, or this Act.CommentsClose CommentsPermalink





(c) Reservation of Rights and Retention of Claims- Notwithstanding the waivers and releases authorized in this Act, the Pueblos on behalf of themselves and their members and the United States acting in its capacity as trustee for the Pueblos retain-CommentsClose CommentsPermalink





(1) all claims for enforcement of the Settlement Agreement, the Cost-Sharing and System Integration Agreement, the Final Decree, including the Partial Final Decree, the San Juan-Chama Project contract between the Pueblos and the United States or this Act;CommentsClose CommentsPermalink





(2) all rights to use and protect water rights acquired after the date of enactment of this Act;CommentsClose CommentsPermalink





(3) all rights to use and protect water rights acquired pursuant to state law to the extent not inconsistent with the Partial Final Decree, Final Decree, and the Settlement Agreement;CommentsClose CommentsPermalink





(4) all claims against persons other than Parties to the Settlement Agreement for damages, losses or injuries to water rights or claims of interference with, diversion or taking of water (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water) within the Pojoaque Basin arising out of activities occurring outside the Pojoaque Basin;CommentsClose CommentsPermalink





(5) all claims relating to activities affecting the quality of water including any claims the Pueblos may have under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including claims for damages to natural resources), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and the regulations implementing those laws;CommentsClose CommentsPermalink





(6) all claims against the United States relating to damages, losses, or injuries to land or natural resources not due to loss of water or water rights (including hunting, fishing, gathering or cultural rights);CommentsClose CommentsPermalink





(7) all claims for water rights from water sources outside the Pojoaque Basin for land outside the Pojoaque Basin owned by a Pueblo or held by the United States for the benefit of any of the Pueblos; andCommentsClose CommentsPermalink





(8) all rights, remedies, privileges, immunities, powers and claims not specifically waived and released pursuant to this Act or the Settlement Agreement.CommentsClose CommentsPermalink





(d) Effect of Section- Nothing in the Settlement Agreement or this Act--CommentsClose CommentsPermalink





(1) affects the ability of the United States acting in its sovereign capacity to take actions authorized by law, including any laws relating to health, safety, or the environment, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and the regulations implementing those laws;CommentsClose CommentsPermalink





(2) affects the ability of the United States to take actions acting in its capacity as trustee for any other Indian tribe or allottee; orCommentsClose CommentsPermalink





(3) confers jurisdiction on any State court to--CommentsClose CommentsPermalink





(A) interpret Federal law regarding health, safety, or the environment or determine the duties of the United States or other parties pursuant to such Federal law; orCommentsClose CommentsPermalink





(B) conduct judicial review of Federal agency action;CommentsClose CommentsPermalink





(e) Tolling of Claims-CommentsClose CommentsPermalink





(1) IN GENERAL- Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on June 30, 2021.CommentsClose CommentsPermalink





(2) EFFECT OF SUBPARAGRAPH- Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.CommentsClose CommentsPermalink





(3) LIMITATION- Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law.CommentsClose CommentsPermalink

SEC. 205. EFFECT.

Nothing in this Act or the Settlement Agreement affects the land and water rights, claims, or entitlements to water of any Indian tribe, pueblo, or community other than the Pueblos.CommentsClose CommentsPermalink

Passed the House of Representatives January 21, 2010.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

LORRAINE C. MILLER, CommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3342CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.CommentsClose CommentsPermalink