[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4998 Reported in Senate (RS)]
<DOC>
Calendar No. 665
118th CONGRESS
2d Session
S. 4998
[Report No. 118-263]
To approve the settlement of water rights claims of the Navajo Nation
in the Rio San Jose Stream System in the State of New Mexico, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2024
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
December 4, 2024
Reported by Mr. Schatz, without amendment
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Navajo Nation
in the Rio San Jose Stream System in the State of New Mexico, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Navajo Nation Rio
San Jose Stream System Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of Agreement.
Sec. 5. Navajo Nation's Water Rights.
Sec. 6. Navajo Nation Rio San Jose Settlement Trust Fund.
Sec. 7. Funding.
Sec. 8. Enforceability Date.
Sec. 9. Waivers and releases of claims.
Sec. 10. Satisfaction of claims.
Sec. 11. Consent of United States to jurisdiction for judicial review
of a Navajo Nation Water Use Permit
decision.
Sec. 12. Miscellaneous provisions.
Sec. 13. Relation to Allottees.
Sec. 14. Expansion of Navajo-Gallup Water Supply Project service area.
Sec. 15. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the general stream adjudication
of the Rio San Jose Stream System captioned ``State of New
Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. D-
1333-CV-1983-00190 and No. D-1333-CV-1983-00220 (consolidated),
pending in the Thirteenth Judicial District Court for the State
of New Mexico, for--
(A) the Navajo Nation; and
(B) the United States, acting as trustee for the
Navajo Nation;
(2) to authorize, ratify, and confirm the agreement entered
into by the Navajo Nation, the State, and various other parties
to the Agreement, to the extent that the Agreement is
consistent with this Act;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this Act; and
(4) to authorize funds necessary for the implementation of
the Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Acequia.--The term ``Acequia'' means each of the
Bluewater Toltec Irrigation District, La Acequia Madre del Ojo
del Gallo, Moquino Water Users Association II, Murray Acres
Irrigation Association, San Mateo Irrigation Association,
Seboyeta Community Irrigation Association, Cubero Acequia
Association, Cebolletita Acequia Association, and Community
Ditch of Rio San Jose de la Cienega.
(2) Adjudication.--The term ``Adjudication'' means the
general adjudication of water rights entitled ``State of New
Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. D-
1333-CV-1983-00190 and No. D-1333-CV-1983-00220 (consolidated)
pending, as of the date of enactment of this Act, in the Decree
Court.
(3) Agreement.--The term ``Agreement'' means--
(A) the addendum dated June 11, 2024, to, and as
provided in Article 17 of, the document entitled ``Rio
San Jose Stream System Water Rights Local Settlement
Agreement Among the Pueblo of Acoma, the Pueblo of
Laguna, the Navajo Nation, the State of New Mexico, the
City of Grants, the Village of Milan, the Association
of Community Ditches of the Rio San Jose and Nine
Individual Acequias and Community Ditches'' and dated
May 13, 2022, and the attachments thereto and to the
addendum; and
(B) any amendment to the documents referred to in
subparagraph (A) (including an amendment to an
attachment) that is executed to ensure that the
Agreement is consistent with this Act.
(4) Allotment.--The term ``Allotment'' means a parcel of
land that is--
(A) located within--
(i) the Rio Puerco Basin; or
(ii) the Rio San Jose Stream System; and
(B) held in trust by the United States for the
benefit of--
(i) 1 or more individual Indians; or
(ii) an Indian Tribe holding an undivided
fractional beneficial interest.
(5) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding a beneficial
interest in an Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in an Allotment.
(6) Decree court.--The term ``Decree Court'' means the
Thirteenth Judicial District Court of the State of New Mexico.
(7) Enforceability date.--The term ``Enforceability Date''
means the date described in section 8.
(8) Navajo nation; navajo; nation.--
(A) In general.--The terms ``Navajo Nation'',
``Navajo'', and ``Nation'' mean the body politic and
federally recognized Indian nation, as published on the
list required under section 104(a) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131(a)), also known variously as the ``Navajo Nation
of Arizona, New Mexico, & Utah'', and the ``Navajo
Nation of Indians'' and other similar names.
(B) Inclusions.--The terms ``Navajo Nation'',
``Navajo'', and ``Nation'' include all bands of Navajo
Indians and chapters of the Navajo Nation and all
divisions, agencies, officers, and agents thereof.
(9) Navajo nation lands; navajo lands.--
(A) In general.--The terms ``Navajo Nation Lands''
and ``Navajo Lands'' mean any real property--
(i) in the Rio San Jose Stream System that
is held by the United States in trust for the
Navajo Nation, or owned by the Navajo Nation,
as of the Enforceability Date; or
(ii) in the Rio Puerco Basin that is held
by the United States in trust for the Navajo
Nation, or owned by the Navajo Nation, as of
the Enforceability Date.
(B) Inclusions.--The terms ``Navajo Nation Lands''
and ``Navajo Lands'' include land placed in trust with
the United States subsequent to the Enforceability Date
for the Navajo Nation in the Rio San Jose Stream System
and in the Rio Puerco Basin.
(C) Exclusion.--The terms ``Navajo Nation Lands''
and ``Navajo Lands'' do not include Allotments.
(10) Navajo nation water code.--The term ``Navajo Nation
Water Code'' means the water code enacted in 1984 by the Navajo
Nation Council through Resolution CAU-34-84. (22 N.N.C. 1101 et
seq.).
(11) Navajo nation water use permit.--The term ``Navajo
Nation Water Use Permit'' means a document specifying terms and
conditions for diversion and use of water on Navajo Nation
Lands issued by the Navajo Nation within the scope of its
authority under the Navajo Nation Water Code and the Settlement
Agreement.
(12) Navajo nation's water rights.--
(A) In general.--The term ``Navajo Nation's Water
Rights'' means--
(i) the water rights of the Navajo Nation
in the Rio San Jose Stream System--
(I) as identified in the Agreement
and section 5; and
(II) as confirmed in the Navajo
Partial Final Judgment and Decree; and
(ii) the water rights of the Navajo Nation
in the Rio Puerco Basin, as identified in the
Agreement and section 5.
(B) Exclusions.--The term ``Navajo Nation's Water
Rights'' does not include--
(i) any interest that the Nation may have
in an Allotment that is determined by the
Secretary to be patented pursuant to section 1
of the Act of February 8, 1887 (commonly known
as the ``Indian General Allotment Act'') (24
Stat. 388, chapter 119; 25 U.S.C. 331) (as in
effect on the day before the date of enactment
of the Indian Land Consolidation Act Amendments
of 2000 (Public Law 106-462; 114 Stat. 1991));
or
(ii) any undivided interest that the Nation
may have in an Allotment that is determined by
the Secretary to be patented pursuant to an
authority other than section 1 of the Act of
February 8, 1887 (commonly known as the
``Indian General Allotment Act'') (24 Stat.
388, chapter 119; 25 U.S.C. 331) (as in effect
on the day before the date of enactment of the
Indian Land Consolidation Act Amendments of
2000 (Public Law 106-462; 114 Stat. 1991)).
(13) Navajo partial final judgment and decree.--The term
``Navajo Partial Final Judgment and Decree'' means a final or
interlocutory partial final judgment and decree entered by the
Decree Court with respect to the Navajo Nation's Water Rights--
(A) that is substantially in the form described in
article 17.14.7.2 of the Agreement, as amended to
ensure consistency with this Act; and
(B) from which no further appeal may be taken.
(14) Navajo trust fund.--The term ``Navajo Trust Fund''
means the Navajo Nation Rio San Jose Settlement Trust Fund
established under section 6(a).
(15) Rio puerco basin.--The term ``Rio Puerco Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and
13020205 (Arroyo Chico subbasin), including the hydrologically
connected groundwater.
(16) Rio san jose stream system.--The term ``Rio San Jose
Stream System'' means the geographic extent of the area
involved in the Adjudication pursuant to the description filed
in the Decree Court on November 21, 1986.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(18) Signatory acequia.--The term ``Signatory Acequia''
means an acequia that is a signatory to the Agreement.
(19) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 4. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act, and to the
extent that the Agreement does not conflict with this Act, the
Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any attachment to the Agreement requiring the signature of the
Secretary, is executed in accordance with this Act to make the
Agreement consistent with this Act, the amendment is
authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent that the Agreement does not
conflict with this Act, the Secretary shall execute the
Agreement, including all attachments to, or parts of, the
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary, after execution of the Agreement, from approving any
modification to the Agreement, including an attachment to the
Agreement, that is consistent with this Act, to the extent that
the modification does not otherwise require congressional
approval under section 2116 of the Revised Statutes (25 U.S.C.
177) or any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
Act, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and
this Act, the Navajo Nation shall prepare any necessary
environmental documents, consistent with--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation required under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Navajo Trust Fund or other sources
of funding from the Navajo Nation, subject to the condition
that any costs associated with the performance of Federal
approval or other review of such compliance work or costs
associated with inherently Federal functions shall remain the
responsibility of the Secretary.
SEC. 5. NAVAJO NATION'S WATER RIGHTS.
(a) Trust Status of Navajo Nation's Water Rights.--The Navajo
Nation's Water Rights shall be held in trust by the United States on
behalf of the Nation in accordance with the Agreement and this Act.
(b) Forfeiture and Abandonment.--
(1) In general.--The Navajo Nation's Water Rights shall not
be subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--State-law based water
rights acquired by the Navajo Nation, or by the United States
on behalf of the Nation, after the date for inclusion in the
Navajo Partial Final Judgment and Decree, shall not be subject
to forfeiture, abandonment, or permanent alienation from the
time they are acquired.
(c) Use.--Any use of the Navajo Nation's Water Rights shall be
subject to the terms and conditions of the Agreement and this Act.
(d) Allotment Rights Not Included.--Consistent with section 13, the
Navajo Nation's Water Rights shall not include any water rights for an
Allotment, subject to the condition that the Navajo Nation may allow
use of the Navajo Nation's Water Rights on an Allotment subject to the
terms and conditions of the Agreement and this Act.
(e) Allottees Not Adversely Affected.--Nothing in this Act
quantifies or diminishes any water right, or any claim or entitlement
to water, of an Allottee.
(f) Allottee Water Rights.--The Nation shall not object in any
general stream adjudication, including the Adjudication, to the
quantification of reasonable domestic, stock, and irrigation water uses
on an Allotment, and shall administer any water use in accordance with
applicable Federal law, including recognition of--
(1) any water use existing on an Allotment as of the date
of enactment of this Act;
(2) reasonable domestic, stock, and irrigation water uses
on an Allotment; and
(3) any water right decreed to the United States in trust
for an Allottee in a general stream adjudication, including the
Adjudication, for use on an Allotment.
(g) Authority of the Navajo Nation.--
(1) Use on navajo lands.--The Navajo Nation shall have the
authority to allocate, distribute, and lease the Navajo
Nation's Water Rights for use on Navajo Lands in accordance
with the Agreement, this Act, and applicable Federal law,
including the first section of the Act of August 9, 1955 (69
Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the
``Long-Term Leasing Act'').
(2) Use off navajo lands.--
(A) In general.--The Navajo Nation may allocate,
distribute, and lease the Navajo Nation's Water Rights
for use off Navajo Lands in accordance with the
Agreement, this Act, and applicable Federal law,
subject to the approval of the Secretary.
(B) Maximum term.--The maximum term of any lease,
including all renewals, unde