[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1771

To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1998

  Mr. Campbell (for himself and Mr. Allard) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Colorado Ute 
Settlement Act Amendments of 1998''.
    (b) Findings.--Congress finds that in order to provide for a full 
and final settlement of the claims of the Colorado Ute Indian Tribes, 
the Tribes have agreed to reduced water supply facilities.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' has the meaning 
        given that term in section 3(1) of the Colorado Ute Indian 
        Water Rights Settlement Act of 1988 (Public Law 100-585).
            (2) Animas-la plata project.--The term ``Animas-La Plata 
        Project'' has the meaning given that term in section 3(2) of 
        the Colorado Ute Indian Water Rights Settlement Act of 1988 
        (Public Law 100-585).
            (3) Dolores project.--The term ``Dolores Project'' has the 
        meaning given that term in section 3(3) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-
        585).
            (4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has 
        the meaning given that term in section 3(6) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-
        585).

SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN WATER RIGHTS SETTLEMENT 
              ACT OF 1988.

    (a) Reservoir; Municipal and Industrial Water.--Section 6(a) of the 
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 
100-585) is amended to read as follows:
    ``(a) Reservoir; Municipal and Industrial Water.--
            ``(1) In general.--After the date of enactment of the 
        Colorado Ute Settlement Act Amendments of 1998, the Secretary 
        shall provide--
                    ``(A) for the construction, as components of the 
                Animas-La Plata Project, of--
                            ``(i) a reservoir with a storage capacity 
                        of 260,000 acre-feet; and
                            ``(ii) a pumping plant and a reservoir 
                        inlet conduit; and
                    ``(B) through the use of the project components 
                referred to in subparagraph (A), municipal and 
                industrial water allocations in such manner as to 
                result in allocations--
                            ``(i) to the Southern Ute Tribe, with an 
                        average annual depletion of an amount not to 
                        exceed 16,525 acre-feet of water;
                            ``(ii) to the Ute Mountain Ute Indian 
                        Tribe, with an average annual depletion of an 
                        amount not to exceed 16,525 acre-feet of water;
                            ``(iii) to the Navajo Nation, with an 
                        average annual depletion of an amount not to 
                        exceed 2,340 acre-feet of water;
                            ``(iv) to the San Juan Water Commission, 
                        with an average annual depletion of an amount 
                        not to exceed 10,400 acre-feet of water; and
                            ``(v) to the Animas-La Plata Conservancy 
                        District, with an average annual depletion of 
                        an amount not to exceed 2,600 acre-feet of 
                        water.
            ``(2) Tribal construction costs.--Construction costs 
        allocable to the Navajo Nation and to each Tribe's municipal 
        and industrial water allocation from the Animas-La Plata 
        Project shall be nonreimbursable.
            ``(3) Nontribal water capital obligations.--The nontribal 
        municipal and industrial water capital repayment obligations 
        for the Animas-La Plata Project shall be satisfied, upon the 
        payment in full--
                    ``(A) by the San Juan Water Commission, of an 
                amount equal to $8,600,000;
                    ``(B) by the Animas-La Plata Water Conservancy 
                District, of an amount equal to $4,400,000; and
                    ``(C) by the State of Colorado, of an amount equal 
                to $16,000,000, as a portion of the cost-sharing 
                obligation of the State of Colorado recognized in the 
                Agreement in Principle Concerning the Colorado Ute 
                Indian Water Rights Settlement and Animas-La Plata Cost 
                Sharing that the State of Colorado entered into on June 
                30, 1986.
            ``(4) Certain nonreimbursable costs.--Any cost of a 
        component of the Animas-La Plata Project described in paragraph 
        (1) that is attributed to and required for recreation, 
        environmental compliance and mitigation, the protection of 
        cultural resources, or fish and wildlife mitigation and 
        enhancement shall be nonreimbursable.
            ``(5) Tribal water allocations.--
                    ``(A) In general.--With respect to municipal and 
                industrial water allocated to a Tribe from the Animas-
                La Plata Project or the Dolores Project, until that 
                water is first used by a Tribe or pursuant to a water 
                use contract with the Tribe, the Secretary shall pay 
                the annual operation, maintenance, and replacement 
                costs allocable to that municipal and industrial water 
                allocation of the Tribe.
                    ``(B) Treatment of costs.--A Tribe shall not be 
                required to reimburse the Secretary for the payment of 
                any cost referred to in subparagraph (A).
            ``(6) Repayment of pro rata share.--As an increment of a 
        municipal and industrial water allocation of a Tribe described 
        in paragraph (5) is first used by a Tribe or is first used 
        pursuant to the terms of a water use contract with the Tribe--
                    ``(A) repayment of that increment's pro rata share 
                of those allocable construction costs for the Dolores 
                Project shall commence by the Tribe; and
                    ``(B) the Tribe shall commence bearing that 
                increment's pro rata share of the allocable annual 
                operation, maintenance, and replacement costs referred 
                to in paragraph (5)(A).''.
    (b) Remaining Water Supplies.--Section 6(b) of the Colorado Ute 
Indian Water Rights Settlement Act of 1988 (Public Law 100-585) is 
amended by adding at the end the following:
            ``(3) At the request of the Animas-La Plata Water 
        Conservancy District of Colorado or the La Plata Conservancy 
        District of New Mexico, the Secretary shall take such action as 
        may be necessary to provide, after the date of enactment of the 
        Colorado Ute Settlement Act Amendments of 1998, water 
        allocations--
                    ``(A) to the Animas-La Plata Water Conservancy 
                District of Colorado, with an average annual depletion 
                of an amount not to exceed 5,230 acre-feet of water; 
                and
                    ``(B) to the La Plata Conservancy District of New 
                Mexico, with an average annual depletion of an amount 
                not to exceed 780 acre-feet of water.
            ``(4) If depletions of water in addition to the depletions 
        otherwise permitted under this subsection may be made in a 
        manner consistent with the requirements of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary 
        shall provide for those depletions by making allocations among 
        the beneficiaries of the Animas-La Plata Project in accordance 
        with an agreement among the beneficiaries relating to those 
        allocations.''.
    (c) Miscellaneous.--Section 6 of the Colorado Ute Indian Water 
Rights Settlement Act of 1988 (Public Law 100-585) is amended by adding 
at the end the following:
    ``(i) Transfer of Water Rights.--Upon request of the State Engineer 
of the State of New Mexico, the Secretary shall, in a manner consistent 
with applicable State law, transfer, without consideration, to the New 
Mexico Animas-La Plata Project beneficiaries or the New Mexico 
Interstate Stream Commission all of the interests in water rights of 
the Department of the Interior under New Mexico Engineer permit number 
2883, Book M-2, dated May 1, 1956, in order to fulfill the New Mexico 
purposes of the Animas-La Plata Project.
    ``(j) Treatment of Certain Reports.--
            ``(1) In general.--The April 1996 Final Supplement to the 
        Final Environmental Impact Statement, Animas-La Plata Project 
        issued by the Department of the Interior and all documents 
        incorporated therein and attachments thereto, and the February 
        19, 1996, Final Biological Opinion of the United States Fish 
        and Wildlife Service, Animas-La Plata Project shall be 
        considered to be adequate to satisfy any applicable requirement 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.) with respect to--
                    ``(A) the amendments made to this section by the 
                Colorado Ute Settlement Act Amendments of 1998;
                    ``(B) the initiation of, and completion of 
                construction of the facilities described in this 
                section; and
                    ``(C) an aggregate depletion of 57,100 acre-feet of 
                water (or any portion thereof) as described and 
                approved in that biological opinion.
            ``(2) Statutory construction.--Nothing in this subsection 
        shall affect--
                    ``(A) the construction of facilities that are not 
                described in this section; or
                    ``(B) any use of water that is not described and 
                approved by the Director of the United States Fish and 
                Wildlife Service in the final biological opinion 
                described in paragraph (1).
    ``(k) Final Settlement.--
            ``(1) In general.--The provision of water to the Tribes in 
        accordance with this section shall constitute final settlement 
        of the tribal claims to water rights on the Animas and La Plata 
        Rivers.
            ``(2) Statutory construction.--Nothing in this section may 
        be construed to affect the right of the Tribes to water rights 
        on the streams and rivers described in the Agreement, other 
        than the Animas and La Plata Rivers, to participate in the 
        Animas-La Plata Project, to receive the amounts of water 
        dedicated to tribal use under the Agreement, or to acquire 
        water rights under the laws of the State of Colorado.
            ``(3) Action by the attorney general.--The Attorney General 
        of the United States shall file with the District Court, Water 
        Division Number 7, of the State of Colorado such instruments as 
        may be necessary to request the court to amend the final 
        consent decree to provide for the amendments made to this 
        section under section 2 of the Colorado Ute Settlement Act 
        Amendments of 1998.''.

SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN FUNDS.

    (a) In General.--Nothing in the amendments made by this Act to 
section 6 of the Colorado Ute Indian Water Rights Settlement Act of 
1988 (Public Law 100-585) shall affect--
            (1) the applicability of any other provision of that Act;
            (2) the obligation of the Secretary of the Interior to 
        deliver water from the Dolores Project and to complete the 
        construction of the facilities located on the Ute Mountain Ute 
        Indian Reservation described in--
                    (A) the Department of the Interior and Related 
                Agencies Appropriations Act, 1991 (Public Law 101-512);
                    (B) the Department of the Interior and Related 
                Agencies Appropriations Act, 1992 (Public Law 102-154);
                    (C) the Department of the Interior and Related 
                Agencies Appropriations Act, 1993 (Public Law 102-381);
                    (D) the Department of the Interior and Related 
                Agencies Appropriations Act, 1994 (Public Law 103-138); 
                and
                    (E) the Department of the Interior and Related 
                Agencies Appropriations Act, 1995 (Public Law 103-332); 
                or
            (3) the treatment of the uncommitted portion of the cost-
        sharing obligation of the State of Colorado referred to in 
        subsection (b).
    (b) Treatment of Uncommitted Portion of Cost-Sharing Obligation.--
The uncommitted portion of the cost-sharing obligation of the State of 
Colorado referred to in section 6(a)(3) of the Colorado Ute Indian 
Water Rights Settlement Act of 1988 (Public Law 100-585), as added by 
section 3 of this Act, remains available after the date of payment of 
the amount specified in that section and may be used to assist in the 
funding of any component of the Animas-La Plata Project that is not 
described in such section 6(a)(3).
                                 <all>