[Senate Hearing 117-590]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-590

                      S. 4870, S. 4896 AND S. 4898

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                                HEARING

                               BEFORE THE

                      COMMITTEE ON INDIAN AFFAIRS
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                           NOVEMBER 16, 2022

                               __________

         Printed for the use of the Committee on Indian Affairs
         
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                    U.S. GOVERNMENT PUBLISHING OFFICE                    
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                      COMMITTEE ON INDIAN AFFAIRS

                     BRIAN SCHATZ, Hawaii, Chairman
                 LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington           JOHN HOEVEN, North Dakota
JON TESTER, Montana                  JAMES LANKFORD, Oklahoma
CATHERINE CORTEZ MASTO, Nevada       STEVE DAINES, Montana
TINA SMITH, Minnesota                MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico            JERRY MORAN, Kansas
       Jennifer Romero, Majority Staff Director and Chief Counsel
        Lucy Murfitt, Minority Staff Director and Chief Counsel
                           
                           
                           C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on November 16, 2022................................     1
Statement of Senator Heinrich....................................     3
Statement of Senator Lujan.......................................     2
Statement of Senator Murkowski...................................     1
Statement of Senator Padilla.....................................     4
Statement of Senator Schatz......................................     1

                               Witnesses

Galvan, Hon. Gabriel, Governor, Pueblo of Zia....................    29
    Prepared statement...........................................    30
Kowemy, Jr., Hon. Martin, Governor, Pueblo of Laguna.............    43
    Prepared statement...........................................    45
Loretto, Hon. Raymond, DVM, Governor, Pueblo of Jemez............    21
    Prepared statement...........................................    23
Newland, Hon. Bryan, Assistant Secretary, Indian Affairs, U.S. 
  Department of the Interior.....................................     5
    Prepared statement...........................................     7
Peyron, Hon. Neil, Chairman, Tule River Tribe....................    13
    Prepared statement...........................................    15
Vicente, Hon. Randall, Governor, Pueblo of Acoma.................    33
    Prepared statement...........................................    34

                                Appendix

Carver, Larry, President of the Association of Community Ditches 
  of the Rio San Jose, prepared statement........................    64
Garcia, Hon. Erik, Mayor, City of Grants, prepared statement.....    57
Gonzales, Hon. Felix O., Mayor, Village of Milan.................    61
Hamman, Michael A., P.E., New Mexico State Engineer, prepared 
  statement......................................................    57
Letters and resolutions submitted for the record 


Montoya, Gilbert, President, San Ysidro Community Ditch 
  Association, prepared statement................................    61
Revak, Juanita, President, Jemez River Basin Coalition of 
  Acequias, prepared statement...................................    62

 
                      S. 4870, S. 4896 AND S. 4898

                              ----------                              


                      WEDNESDAY, NOVEMBER 16, 2022


                                       U.S. Senate,
                               Committee on Indian Affairs,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:49 p.m. in room 
628, Dirksen Senate Office Building, Hon. Brian Schatz, 
Chairman of the Committee, presiding.

            OPENING STATEMENT OF HON. BRIAN SCHATZ, 
                    U.S. SENATOR FROM HAWAII

    The Chairman. Good afternoon. During today's legislative 
hearing, we will consider three bills: S. 4870, Tule River 
Tribe Reserved Water Rights Settlement Act of 2022, S. 4896, 
Pueblos of Jemez and Zia Water Rights Settlement Act of 2022, 
and S. 4898, Pueblos of Acoma and Laguna Water Rights 
Settlement Act of 2022.
    S. 4870, introduced by Senators Padilla and Feinstein, 
would quantify the Tule River Tribe's Surface Water Rights, 
appropriate funding for the construction of water storage 
projects, and codify the Tribe's agreements with downstream 
water users.
    Senator Heinrich's bills, S. 4896 and S. 4898, would ratify 
the agreements that the Jemez and Zia Pueblos and the Acoma and 
Laguna Pueblos respectively, negotiated with the State of New 
Mexico and various local water users regarding the Pueblos' 
respective water rights.
    These bills would also provide funding necessary to effect 
the settlements. Senator Lujan, of course, is a cosponsor of 
both bills.
    Before I turn to Vice Chair Murkowski for her opening 
statement, I would like to extend my welcome and thanks to our 
witnesses today. I look forward to your testimony and our 
discussion.
    I will recognize Vice Chair Murkowski before recognizing 
our colleagues to make their introductions of our panelists.

               STATEMENT OF HON. LISA MURKOWSKI, 
                    U.S. SENATOR FROM ALASKA

    Senator Murkowski. Thank you, Mr. Chairman.
    Good afternoon to those who are serving on today's panel, 
to the many, many who have traveled quite a distance, as I 
understand, to be here in Washington, D.C. for this very 
important hearing.
    I am going to keep my comments brief, after our business 
meeting. I know having a full panel takes some time, and we 
want to hear from you.
    All three of these bills would approve and authorize 
Federal funding to carry out the settlements of Indian water 
rights claims in two States, that of New Mexico and California. 
I understand that securing an adequate, reliable water supply 
for these Native communities is paramount. Negotiated water 
settlements continue to be the preferred method to reach 
consensus to accomplish that goal.
    I congratulate the tribal nations here today for getting to 
this point in the process. I understand it has not been easy. I 
understand it has been very, very long. So I look forward to 
learning more about each of the settlement bills before us 
today.
    I want to acknowledge that for some of our witnesses here, 
this may in fact be the first time they have had an opportunity 
to participate in a Senate hearing. You honor us with your 
presence. We are proud that we can be at this place to have 
such a positive hearing.
    Thank you, Mr. Chairman.
    The Chairman. It gives me great pleasure to introduce 
Senator Lujan, a great member of this Committee and a great 
advocate for Indian Country and New Mexico. Senator Lujan?

               STATEMENT OF HON. BEN RAY LUJAN, 
                  U.S. SENATOR FROM NEW MEXICO

    Senator Lujan. Thank you, Chair, and Vice Chair, for 
holding this important hearing. Thank you to our friend and 
senior Senator of New Mexico for his work and for joining us 
today to speak in support of Senate Bills 4898 and 4896, 
critical water rights legislation for the Pueblos of Acoma and 
Laguna, Jemez and Zia that I am proud to cosponsor.
    It gives me great pleasure to welcome the Governors from 
the four Pueblos and their staff and council members, as well 
as the guests in the audience from the New Mexico Office of the 
State Engineer who have traveled far to work together to find 
agreement and bring us to where we are today.
    I have also received substantial correspondence from water 
basin users, both tribal and non-tribal, expressing support for 
these two bills. I will be asking unanimous consent at the end 
of this, Mr. Chairman, to submit them into the record.
    These pieces of legislation, which come at a critical time, 
ratify water rights settlements that have been decades in the 
making. Uncertainties facing the Jemez River and Rio San Jose 
Basins due to drought and climate change threaten the deeply 
rooted traditions that make New Mexico so unique. These 
increased strains on the Rio San Jose and the Rio Jemez have 
dramatically reduced water supply for Pueblo and non-Pueblo 
users.
    These pieces of legislation have broad support. I 
appreciate everyone who has taken the time to work neighbor to 
neighbor, friend to friend, to find agreement. That is not easy 
to do, and you are all to be applauded for getting that done.
    The Governors who are here, friends, leaders, mentors, they 
have done incredible work. In addition to the work they do as 
Governors, they carry out many other responsibilities and bring 
in expertise from the work that they have done.
    I wanted to have the opportunity to recognize the four 
Pueblo Governors from New Mexico. On today's panel is Governor 
Randall Vicente, an enrolled member of the Pueblo of Acoma who 
is of the Eagle Clan. He grew up with his grandparents learning 
the arts of ranching, traditional farming, being a traditional 
leader. He previously served as the Second Lieutenant Governor 
for Acoma Pueblo in 2001, 2002, 2011 and 2012, and worked with 
the Pueblo Department of Natural Resources.
    It is also my pleasure to introduce Governor Martin Kowemy, 
another friend who has an exceptional background. First elected 
to the Council in 2017, Mr. Chairman, he then became a staff 
officer in 2021 before he assumed the governorship in August. 
He is married and has three beautiful children. Thank you for 
being with us, sir.
    I am also glad to see our friend Governor Raymond Loretto 
of Jemez Pueblo here with us. Not only is Dr. Loretto a full-
time Governor, he is also a practicing veterinarian, who 
operates his own clinic near Jemez Pueblo. So we depend on him 
a lot. He has served as an active member of the tribal council 
since 2004, previously elected Governor in 2003 and 2015, and 
as First Lieutenant Governor in 2001. Also very involved as it 
pertains to public health and making sure that we are all 
better
    Finally, I am proud to welcome Governor Gabriel Galvan. It 
is an honor to have you, sir, a friend of my father's. The 
stories that you share of working with my late dad, they touch 
me in my heart. I carry them with me everywhere I go. It means 
a lot.
    Before taking office in 2022, he served as a BIA police 
officer for nearly 30 years. When he is not tending to tribal 
government matters, he is pursuing his long-time passion of 
ranching.
    Governors, it is an honor to have you here, and all of our 
guests, and the councils. I yield back.
    The Chairman. Thank you, Senator Lujan.
    Senator Heinrich?

              STATEMENT OF HON. MARTIN HEINRICH, 
                  U.S. SENATOR FROM NEW MEXICO

    Senator Heinrich. Chairman Schatz and Ranking Member 
Murkowski, thank you so much for holding this hearing on two 
bills of critical importance to New Mexico's water future.
    Thank you to Assistant Secretary Newland, Governor Vicente, 
Governor Loretto, Governor Kowemy, Governor Galvan, for being 
here today to speak about these incredibly important 
settlements. I want to thank every New Mexican along the way 
who has worked so hard, not just for years, but for decades, to 
bring these settlements to fruition.
    The bills before you today would settle the water rights of 
Pueblos in the Rio Jemez and Rio San Jose Basins. For more than 
a century, the United States has failed to protect the water 
rights of these four Pueblos.
    As a result, members of these Pueblos have suffered from 
inadequate water supplies, and water is, of course, a health 
issue. But it is also an economic issue. It is hard to bring 
jobs and to bring economic development to any community that 
can't guarantee reliable water for business.
    The failure of the United States to ensure that these 
Pueblos could use the water that they have always owned has 
reverberated throughout generations. It has a direct impact on 
the well-being of Pueblo members today, and it is long past 
time that we make this right.
    This legislation would implement two settlement agreements 
that have been carefully negotiated between the Tribes, the 
State of New Mexico, neighboring water users and the Department 
of Interior. I want to thank all the parties for their tireless 
work in reaching a settlement agreement for these two basins.
    This legislation would fully settle the claims of the 
Pueblo of Laguna and the Pueblo of Acoma in the Rio San Jose 
Basin as well as the claims of the Pueblo of Jemez and the 
Pueblo of Zia in the Rio Jemez Basin. The settlements will 
provide critically needed funding for water infrastructure to 
develop and distribute new water to Pueblo homes and 
businesses. They will make it possible for these Pueblos to 
finally use the water that they have been owed for more than a 
century.
    Over the last 15 years, Congress, working through this 
Committee, has made real progress on making tribes whole for 
the water that has always been theirs. We have an opportunity 
to take yet another step forward on that important work by 
approving these two settlements.
    Finally, I want to mention, my colleague Senator Lujan and 
I started on the analogous House Committee many years ago. We 
realized in doing our first water settlements that those 
negotiations started a few years before the two of us were 
born. This represents the work of generations, four decades of 
hard work to get to where we are today. I want to thank him for 
his leadership in helping us to get where we are today.
    Governors, thank you so much. Chairman, Ranking Member, 
thank you for having me here today.
    The Chairman. Thank you very much to the incredible 
delegation from New Mexico.
    It now gives Senator Murkowski and I great pleasure to 
introduce the Senator from California, our friend, Mr. Padilla.

                STATEMENT OF HON. ALEX PADILLA, 
                  U.S. SENATOR FROM CALIFORNIA

    Senator Padilla. Thank you, Mr. Chair and Ranking Member 
Murkowski, for allowing me the opportunity to join you today.
    It is an honor for me to introduce Neil Peyron, Chairman of 
the Tule River Tribe, and to say a few words on behalf of my 
bill to formally recognize the Tribe's water rights.
    As this Committee understands very well, to understand the 
injustice that our legislation seeks to correct, we first need 
to know a little bit about the history of the Federal 
Government's relationship with the Tule River Tribe in 
California. The Tule River Tribe is the second largest Tribe in 
California, with over 1,900 tribal members. The Federal 
Government first established the Tribe's reservation in 1856, 
with the specific goal of providing the Tribe with the farmland 
and water resources needed to be self-sufficient.
    Unfortunately, Federal agencies then fraudulently stole 
their land, and the Tribe was forced to move to a new 
reservation upstream. This new land, the basis for the Tribe's 
current reservation, does not have the irrigation or water 
storage facilities that they were promised.
    As a result, the Tule River Tribe now faces a constant 
battle simply to access clean water. Families are forced to 
haul in water by truck for their own daily hygiene or for their 
children to drink. On days when water access it too tough to 
get, some simply go without enough water.
    It is unacceptable that members of the Tule River Tribe or 
any Tribe for that matter should face a daily struggle for 
water. It is a moral failure of our own making, and it is a 
direct result of a broken promise made by the Federal 
Government.
    That is why Senator Feinstein and I introduced the Tule 
River Tribe Reserved Water Rights Settlement Act of 2022. My 
bill would quantify the Tribe's water rights, providing funding 
for a water storage project and transfer approximately 9,000 
acres of Forest Service lands to the Tribe to manage the 
watershed's headwaters.
    This is a culmination of decades of efforts by the Tule 
River Tribe, including Chairman Peyron, to work with the 
Federal Government and downstream water users to secure their 
water rights without resorting to litigation.
    For too long, the Federal Government has failed to live up 
to its trust and treaty responsibilities to the Tribe, leaving 
them in the current water crisis. This bill will change that. I 
urge my colleagues to advance this bill in order to do right by 
the Tule River Tribe and rectify 150 years of broken promises.
    I am now honored to introduce one of the leaders of that 
diligent effort for justice, Chairman Neil Peyron, who is here 
to testify on behalf of the Tribe. He has served as the Tribe's 
chairman for 15 years and previously served as the Tribe's vice 
chairman and secretary treasurer. The chairman is a true civil 
servant, having served on many local, State and Federal and 
Tribal committees, including the Bureau of Indian Affairs 
Policy Committee, the Intertribal Council Timber Committee, and 
the Central California Tribal Farm Committee.
    Chairman, we are so grateful for your being here today. 
Thank you once again for your tireless advocacy for the Tribe.
    Thank you, Mr. Chair.
    The Chairman. Thank you very much, Senator Padilla.
    We will now start with our testimony, starting with someone 
who has yet to be introduced, the Honorable Bryan Newland, 
Assistant Secretary for Indian Affairs at the U.S. Department 
of Interior. Please proceed with your testimony and please, all 
testifiers, if you can confine your testimony to five minutes 
or fewer, that would be great. Thanks, Mr. Secretary.

          STATEMENT OF HON. BRYAN NEWLAND, ASSISTANT 
       SECRETARY, INDIAN AFFAIRS, U.S. DEPARTMENT OF THE 
                            INTERIOR

    Mr. Newland. Megwich. Good afternoon, thank you Chairman 
Schatz, and Vice Chair Murkowski and members of the Committee. 
My name is Bryan Newland. I serve as the Assistant Secretary 
for Indian Affairs here at the Department of the Interior. I 
want to thank the Committee for the opportunity to share the 
Department's views on three Indian water rights settlement 
bills today.
    These three bills would bring certainty, and more 
importantly, water security, to five tribal communities in 
drought-stricken regions. On the whole, the Administration 
supports these settlements and these bills. As noted in our 
written testimony, there are a few technical issues that need 
to be addressed on these bills.
    With respect to S. 4870, the Tule River Tribe Reserved 
Water Rights Settlement Act, we have worked with the Tule River 
Tribe and the Department of Justice in proposed language that 
should resolved most of those issues. The Department is very 
close to substitute language and would be happy to share that 
red-line with the Committee and sponsors of the bill as soon as 
it is finalized.
    For S. 4896, the Pueblos of Jemez and Zia Water Rights 
Settlement Act, we have developed language that will address 
some concerns about several allotments.
    The Pueblos of Acoma and Laguna Water Rights Settlement 
Act, S. 4898, would resolve the Acoma and Laguna Pueblo water 
rights claims in the Rio San Jose Basin in New Mexico. This 
bill would settle claims by the Acoma Pueblo in the Rio del 
Salado and Laguna Pueblo in the Rio Puerco. It would also 
ratify and confirm the water rights settlement agreements among 
the Pueblos, the State of New Mexico and non-Indian water 
users, and authorize the Secretary of the Interior to sign the 
settlement agreement. It would also protect non-Indian water 
users.
    This is a fund-based settlement that would authorize $850 
million to implement the agreements. In addition, each Pueblo 
would create a tribal water code.
    The Pueblos of Jemez and Zia Water Rights Settlement Act, 
S. 4896, would resolve the Jemez and Zia Pueblos' water rights 
claims in the Rio Jemez Basin in New Mexico. The bill would 
also ratify and confirm water rights settlement agreements 
among the Pueblos, the State of New Mexico and non-Indian 
users. It authorizes the Secretary of the Interior to sign the 
settlement agreement. It also protects non-Indian water users.
    This is also a fund-based settlement that would authorize 
$490 million to implement the agreement. Additionally, each 
Pueblo would create and enact a water rights code.
    The process for each of the four Pueblos to get to this 
point in resolving their water rights is almost as old as I am. 
It has taken approximately 40 years to get to this point.
    Turning to the Tule River settlement, there is a lengthy 
history of the United States not fulfilling its promise to 
protect the Tule River Tribe's homelands as we heard the 
Senator just say. Today, the Tribe suffers the consequences of 
that shortcoming due to difficult terrain and a lack of access 
to water on its reservation.
    In recent summers, the Bureau of Indian Affairs has 
provided emergency water supplies to the Tribe for distribution 
to tribal members when the Tribe runs out of water.
    The Tule River Tribe Reserved Water Rights Settlement Act, 
S. 4870, would resolve all of the Tribe's water rights claims 
in California. The bill would also ratify and confirm the Tule 
River Tribe Water Rights Settlement Agreement among the Tribe 
and most downstream users, and authorize the Secretary of the 
Interior to sign the agreement. It would also direct the 
Attorney General to file a suit in Federal court to bind all 
water users in the Basin and transfer various lands into trust 
for the Tribe.
    This is also a fund-based settlement that would authorize 
$568 million to implement the agreement. Part of that funding 
will support construction of a much-needed reservoir that the 
Tribe needs to provide water security for its members.
    I had the opportunity to visit the Tribe's reservation on 
the western slope of the Sierra Nevadas this summer. I was able 
to see the drought conditions and the effects those conditions 
have on the reservation. I also witnessed the harm to the land 
caused by recent wildfires.
    But I was also able to see first-hand how the Tribe's land 
management practices are critical to protecting the ancient 
sequoia trees along with the watershed.
    This Administration is committed to fulfilling our trust 
and treaty obligations to tribes. That includes ensuring that 
Tribes have the ability to continue their way of life in their 
homelands. Access to water is a vital part of ensuring that we 
can meet our trust obligations.
    This Administration is also committed to making long-needed 
investments in tribal communities and ensuring that tribes are 
making the decisions about how those investments are used. We 
are prepared to work with the Committee and the sponsors to 
address any outstanding issues.
    I look forward to answering your questions. Thank you.
    [The prepared statement of Mr. Newland follows:]

 Prepared Statement of Hon. Bryan Newland, Assistant Secretary, Indian 
                Affairs, U.S. Department of the Interior
    Aanii (Hello)! Good afternoon, Chairman Schatz, Vice Chairman 
Murkowski, and Members of the Committee. My name is Bryan Newland. I am 
the Assistant Secretary for Indian Affairs at the Department of the 
Interior (Department). Thank you for the opportunity to present 
testimony regarding S. 4896, the Pueblos of Jemez and Zia Water Rights 
Settlement Act of 2022; S. 4898, the Pueblos of Acoma and Laguna Water 
Rights Settlement Act of 2022; and S. 4870, the Tule River Tribe 
Reserved Water Rights Settlement Act of 2022. S. 4896 and S. 4898 would 
approve and provide authorizations to carry out the settlement of 
certain water rights claims of the Acoma, Laguna, Jemez, and Zia 
Pueblos (Pueblos) in New Mexico, and S. 4870 would approve and provide 
authorizations to carry out the settlement of all water rights claims 
in the State of California of the Tule River Tribe.
I. Introduction
    The Biden Administration recognizes that water is a sacred and 
valuable resource for Tribal Nations and that long-standing water 
crises continue to undermine public health and economic development in 
Indian Country. This Administration strongly supports the resolution of 
Indian water rights claims through negotiated settlements. Indian water 
settlements help to ensure that Tribal Nations have safe, reliable 
water supplies; improve environmental and health concerns on 
reservations; enable economic growth; promote Tribal sovereignty and 
self-sufficiency; and help advance the United States' trust 
relationship with Tribes. At the same time, water rights settlements 
have the potential to end decades of controversy and contention among 
Tribal Nations and neighboring communities and promote cooperation in 
the management of water resources.
    Congress plays an important role in approving Indian water rights 
settlements and we stand ready to work with this Committee and Members 
of Congress to advance Indian water rights settlements.
    Indian water rights settlements play a pivotal role in this 
Administration's commitment to putting equity at the center of 
everything we do to improve the lives of everyday people-including 
Tribal Nations. We have a clear charge from President Biden and 
Secretary Haaland to improve water access and water quality on Tribal 
lands. Access to water is fundamental to human existence, economic 
development, and the future of communities- especially Tribal 
communities.
    To that end, the Biden Administration's policy on negotiated Indian 
water settlements continues to be based on the following principles: 
the United States will participate in settlements consistent with its 
legal and moral trust responsibilities to Tribal Nations; Tribes should 
receive equivalent benefits for rights which they, and the United 
States as trustee, may release as part of the settlement; Tribes should 
realize value from confirmed water rights resulting from a settlement; 
and settlements should contain appropriate cost-sharing proportionate 
to the benefits received by all parties benefiting from the settlement. 
In addition, settlements should provide finality and certainty to all 
parties involved.
II. New Mexico Water Settlements
A. Historical Context
    Before discussing the proposed settlements and the Administration's 
position on them, it is important to provide background on the disputes 
that led to the settlements. Like other Pueblos in New Mexico, the four 
Pueblos were agricultural people living in established villages when 
the Spanish explorers first came to New Mexico. Before the Pueblos' 
lands became part of the United States, they fell under the 
jurisdiction first of Spain, and later of Mexico, both of which 
recognized and protected the rights of the Pueblos to use water. When 
the United States asserted its sovereignty over Pueblo lands and what 
is now the State of New Mexico, it did so under the terms of the Treaty 
of Guadalupe Hidalgo, which protected rights recognized by prior 
sovereigns, including Pueblo rights.
1. Jemez and Zia Pueblos
    The Rio Jemez basin, located in north-central New Mexico and to the 
northwest of Albuquerque, is a major tributary of the Rio Grande and is 
home to the Pueblos of Jemez and Zia. In total, the Pueblos hold nearly 
250,000 acres (approximately 89,600 acres for Jemez Pueblo and 160,000 
acres for Zia Pueblo).
    Historic increases in water use by non-Indians impacted, and 
continue to impact, the two Pueblos' ability to have access to adequate 
surface and groundwater supplies. Increased groundwater pumping by non-
Indians, pursuant to permits issued by the State of New Mexico, make 
the Pueblos' access to groundwater supplies increasingly difficult.
2. Acoma and Laguna Pueblos
    The Rio San Jose, located in west-central New Mexico and west of 
Albuquerque, is a tributary of the Rio Puerco, which flows into the Rio 
Grande. The area is also home to the two Pueblos of Acoma and Laguna. 
In total, the Pueblos hold approximately 1.064 million acres (over 
563,000 acres for Acoma Pueblo and over 501,000 acres for Laguna 
Pueblo).
    While there were small communities established by Spain and Mexico 
on smaller tributaries of the Rio San Jose, there were no mainstem 
upstream users disrupting the Pueblos' water use until the United 
States' acquisition of the territory. The establishment by the United 
States of Fort Wingate near Ojo del Gallo spring in 1862, and 
subsequent use of the area by the Village of San Rafael, resulted in 
the diversion of spring flow that had previously provided a significant 
contribution to Rio San Jose flows that had been available to both 
Pueblos. Acequias on Rio San Jose tributaries began diverting water 
from the system in the late 19th century to the detriment of the 
Pueblos. Non-Indian water users' construction of a dam on Bluewater 
Creek, above and upstream of Acoma Pueblo, also reduced flows to the 
Rio San Jose, impacting both Pueblos. As the non-Indian water users 
attempted to irrigate more and more acreage, they turned to 
groundwater. This groundwater pumping siphoned off water that would 
have flowed as surface water in the Rio San Jose for the Pueblos' use.
    Groundwater depletions in the Rio San Jose basin increased after 
uranium was discovered in the Grants Mineral Belt in the 1950s. The 
uranium was located in the same rock formations where water was stored, 
and that water supplied perennial springs within the basin, many of 
which contributed to Rio San Jose flows. These aquifers, and those 
located above them, were dewatered by mining companies, resulting in 
depleted spring flow contributions to the Rio San Jose. Uranium milling 
facilities also consumed large amounts of groundwater. The growth of 
this mining economy and the concomitant growth of non-Indian 
communities, such as the City of Grants, increased water use in the Rio 
San Jose basin to the detriment of the Pueblos.
B. Water Resources of the Pueblos
    In 1983, general stream adjudication of both the Rio San Jose (to 
resolve the dispute over the water rights of Acoma Pueblo and Laguna 
Pueblo, as well as the Navajo Nation) and the Rio Jemez (to resolve the 
dispute over the water rights of Jemez Pueblo and Zia Pueblo, as well 
as Santa Ana Pueblo) were initiated in New Mexico. Negotiations 
regarding potential settlement of the Pueblos' water rights claims have 
been ongoing since 1993, when the United States established teams to 
negotiate comprehensive settlements of all the Navajo Nation and 
Pueblos' water rights in their respective basins.
    The Pueblos are located in an arid region of New Mexico, and 
drought is a common occurrence that has impacted, and continues to 
impact, all four Pueblos. Recent effects of global warming and climate 
change are exacerbating these effects and surface water supplies are 
dwindling.
    Since 1996, Jemez and Zia Pueblos and non-Indian water users have 
been operating under a negotiated irrigation rotation agreement. The 
lack of reliable water supply continues to impact the two Pueblos' 
ability to sustain their agricultural practices and to move forward 
with water development projects to benefit the Pueblos and their 
members.
    For Acoma and Laguna Pueblos, the long-term pumping of groundwater 
and unimpeded diversion of surface water by non-Indian water users has 
resulted in significant impacts to the water supply. Even if the 
Pueblos were able to successfully curtail the water use of non-Indian 
junior users as part of the ongoing adjudication, the Rio San Jose 
system would not recover to provide the historic flow levels for the 
two Pueblos for several decades.
C. Proposed Jemez and Zia Pueblos Settlement Legislation
    Jemez and Zia Pueblos, the State of New Mexico, and non-Indian 
water users executed a settlement agreement earlier this year, 
quantifying the rights of the two Pueblos and reaching agreement on 
other key issues, including the requirements and parameters of a 
possible future Augmentation Project, which the Pueblos and non-Indian 
water users may construct to improve infrastructure and provide 
groundwater to firm up the irrigation water supply for certain 
agricultural acreage. The United States is not a signatory to the 2022 
settlement agreement, nor is Santa Ana Pueblo, which wishes to continue 
to litigate its claims in the adjudication.
    S. 4896 would resolve all of the Jemez and Zia Pueblos' water 
rights claims in the Rio Jemez Basin in New Mexico; ratify and confirm 
the water rights settlement agreement among the Pueblos, the State of 
New Mexico, and non-Indian water users and authorize the Secretary of 
the Interior to sign the settlement agreement; provide protections for 
non-Indian water users from priority calls by the Pueblos; require the 
Pueblos to promulgate Pueblo Water Codes and ensure that certain uses 
and changes in use of the Pueblos' water rights do not impair existing 
non-Indian water users; and authorize funds to implement the settlement 
agreement.
    S. 4896 ratifies and confirms the Jemez and Zia Pueblos' water 
rights to over 9,000 acre-feet per year (AFY)--6,055 AFY for Jemez 
Pueblo and 3,699.4 AFY for Zia Pueblo--from various surface water and 
groundwater sources on each Pueblo. These amounts include 1,200 AFY of 
future groundwater use for economic development for each Pueblo.
    S. 4896 also protects non-Indian water users, as the Jemez and Zia 
Pueblos have agreed to not make priority calls for their senior rights 
on all decreed water rights of junior non-Indian users. In addition, 
the Pueblos have agreed to promulgate Pueblo water codes, which will 
govern permitting of uses of the Pueblos' water rights; provide 
processes for protests by parties affected by Pueblo permitting 
decisions; and ensure that water use under a Pueblo permit does not 
impair existing surface and groundwater rights.
    Finally, S. 4896 establishes Trust Funds for both Pueblos totaling 
$490 million ($290 million for Jemez Pueblo and $200 million for Zia 
Pueblo), to be indexed, that the Pueblos can use to develop water 
infrastructure on the two Pueblos as they determine necessary and on 
their own timeframe. Monies in the fund can be used by the Jemez and 
Zia Pueblos for: planning, permitting, designing, engineering, 
constructing, operating, maintaining, and repairing water production, 
treatment, delivery infrastructure, and the Augmentation Project; 
Pueblo water rights management and administration; watershed protection 
and enhancement; support of agriculture; water-related Pueblo community 
welfare and economic development; costs relating to implementation of 
the settlement; and environmental compliance in development and 
construction of infrastructure. The State of New Mexico has also agreed 
to contribute just over $20 million to provide for benefits that will 
be realized by non-Indian water users, including $500,000 for a fund to 
mitigate impairment to non-Indian domestic well and livestock well 
users resulting from new or changed Pueblo water uses.
D. Proposed Acoma and Laguna Pueblos Settlement Legislation
    Acoma and Laguna Pueblos, the State of New Mexico, and non-Indian 
water users executed a settlement agreement earlier this year, setting 
out the water rights to be quantified for the two Pueblos and reaching 
agreement on other key issues, including the requirements and 
parameters of a possible future project to import water to Pueblo 
lands. The United States is not a signatory to the 2022 settlement 
agreement, nor is the Navajo Nation. The Nation is working with the 
parties to achieve settlement on its claims in the Rio San Jose basin.
    S. 4898 would resolve all of the Acoma and Laguna Pueblos' water 
rights claims in the Rio San Jose basin in New Mexico; ratify and 
confirm the water rights settlement agreement among the Pueblos, the 
State of New Mexico, and non-Indian water users and authorize the 
Secretary of the Interior to sign the settlement agreement; provide 
protections for existing non-Indian water users from priority calls by 
the Pueblos; require the Pueblos to promulgate Pueblo Water Codes and 
ensure that certain uses and changes in use of the Pueblos' water 
rights do not impair existing non-Indian water users; and authorize 
funds to implement the settlement agreement. In addition, the Pueblos 
are conditionally settling their claims in the Rio Salado (Acoma 
Pueblo) and Rio Puerco (Laguna Pueblo) basins.
    S. 4898 would ratify and confirm the Pueblos' water rights to over 
20,000 acre-feet per year (AFY)--7,982 AFY for Acoma Pueblo and 12,263 
AFY for Laguna Pueblo--from various surface water and groundwater 
resources on each Pueblo. These amounts include 1,300 AFY of future 
groundwater use for economic development for each Pueblo.
    S. 4898 would also protect non-Indian water users, as the Acoma and 
Laguna Pueblos have agreed to not make priority calls for their senior 
rights on the water rights of junior non-Indian users in existence at 
the time that the settlement becomes enforceable. In addition, the 
Pueblos have agreed to promulgate Pueblo water codes, which will govern 
permitting of uses of the Pueblos' water rights; provide processes for 
protests by parties affected by Pueblo permitting decisions; and ensure 
that water use under a Pueblo permit does not impair existing surface 
and groundwater rights.
    Finally, S. 4898 would establish Trust Funds for both Pueblos 
totaling $850 million. Acoma Pueblo would receive $311.75 million, and 
Laguna Pueblo would receive $493.25 million, to be indexed, that the 
Pueblos can use to develop water infrastructure on the two Pueblos as 
they determine necessary and on their own timeframe. In addition, $45 
million is to be allocated to both Pueblos jointly to use for repairs 
at the existing Acomita Dam.
    Of the monies that would go to each Pueblo individually, $40 
million could be spent on operation, maintenance, and repair of Pueblo 
water infrastructure for domestic, commercial, municipal, and 
industrial uses ($14 million for Acoma Pueblo and $26 million for 
Laguna Pueblo) and $5 million could be spent on feasibility studies for 
water supply infrastructure to serve Pueblo domestic, commercial, 
municipal, and industrial water uses ($1.75 million for Acoma Pueblo 
and $3.25 million for Laguna Pueblo). The remaining $760 million ($296 
million for Acoma Pueblo and $464 million for Laguna Pueblo) could be 
used by the Pueblos for: acquiring water rights or water supply; 
planning, permitting, designing, engineering, constructing, operating, 
rehabilitating, and repairing water production, treatment, or delivery 
infrastructure; Pueblo water rights management and administration; 
watershed protection and enhancement; support of agriculture; water-
related Pueblo community welfare and economic development; costs 
relating to implementation of the settlement; and environmental 
compliance in development and construction of infrastructure. The State 
of New Mexico has also agreed to contribute just over $36 million to 
provide for benefits that would be realized by non-Indian water users, 
including $500,000 for a fund to mitigate impairment to non-Indian 
domestic well and livestock well users resulting from new or changed 
Pueblo water uses.
E. Department of the Interior Position on S. 4896 and S. 4898
    The Department of the Interior is pleased to support S. 4896 and S. 
4898 but has identified some targeted changes that must be made to 
S.4898 to protect allottees. These bills are the result of over three 
decades of good-faith negotiations to reach consensus on key issues. 
The Department appreciates that each settlement is unique, and its 
terms must be tailored to meet the needs of the settling Tribe and 
other parties. The Department looks forward to continued discussions, 
including with the U.S. Department of Agriculture (USDA), regarding 
USDA's role in the settlement agreements with the Pueblos.
    S. 4896 and S. 4898 are designed to meet each Pueblos' current and 
long-term needs for water by providing Trust Funds to be used by the 
Pueblos according to their needs and determinations. Rather than 
committing the Pueblos or the United States to construct specific water 
infrastructure projects, the bills would allow the Pueblos to make 
decisions regarding how, when, and where to develop water 
infrastructure on the Pueblos. This approach to settlement is 
consistent with Tribal sovereignty and self-determination, and with our 
trust responsibilities, and will help to ensure that the Pueblos can 
maintain their way of life.
III. The Tule River Reservation and the Tribe
A. Historical Context
    The aboriginal territory of the ancestors of the Tule River Tribe, 
the Yokuts, encompassed most of what is now the San Joaquin Valley, an 
agricultural mainstay in California. The influx of non-Indians into the 
Tribe's ancestral lands in the 1850s, after the discovery of gold and 
California statehood, created tremendous conflict with the Yokuts and 
left them dispossessed, displaced, and without title to a homeland.
    The quest to provide a permanent homeland for the Yokuts' 
descendants, the Tule River Tribe, was fraught with difficulties and 
setbacks. First, the United States attempted to rectify Tribal 
dispossession by negotiating the Treaty of Paint Creek, which would 
have created the Tule River Reservation in the San Joaquin Valley near 
present-day Porterville, California. However, this Treaty, along with 
other California treaties, was never ratified by the Senate. The United 
States' second attempt to secure a homeland for the Tribe was the 
creation in 1856 of the ``Tule River Indian Farm,'' later referred to 
the ``Madden Farm,'' out of the public domain. The subsequent patenting 
of the farm to an unscrupulous Indian agent deprived the Tribe of title 
to those lands.
    In 1872, the California Superintendent of Indian Affairs was 
ordered to find a reservation for the Tribe. A tract of 48,000 acres of 
steep and rocky terrain in the foothills of the Sierra Nevada Mountains 
was proclaimed by the Executive Order of January 9, 1873, as the Tule 
River Indian Reservation. In 1874, the Indian Agent at the Tule River 
Agency described the Reservation as containing ``no first-rate tillable 
land'' with only ``about 200 acres of such as might be termed passably 
good for agricultural purposes, and that not lying in one body.'' 
Except for some timber land in the mountains in the extreme east of the 
Reservation, the balance of the Reservation was said to be ``utterly 
valueless . consisting of rough, rocky mountains.'' Not unsurprisingly, 
members of the Tribe were reluctant to leave the productive land they 
were farming at the Madden Farm to locate to the Reservation. When, by 
1876, only six families had moved to the Reservation, the remaining 
Tule River Indians at the Madden Farm were forcibly removed to the 
Reservation. Now nearly 150 years later, the Tribe continues to search 
for an adequate and secure water supply for the domestic and municipal 
needs of its members.
B. The Reservation Today
    Today, the Tribe's Reservation remains located on the western slope 
of the Sierra Nevada Mountains, in south-central California, 75 miles 
south of Fresno and 45 miles north of Bakersfield and is comprised of 
over 55,000 acres of tribal trust lands. The topography is generally 
steep, with elevations ranging from about 900 feet to 7,500 feet above 
sea level. Most of the inhabited land is along the lower reach of the 
South Fork Tule River on the western side of the Reservation.
    The primary sources of employment on the Reservation are the 
Tribe's Eagle Mountain Casino, the Tribal government, and the Tule 
River Indian Health Center. The Tribe is in the process of relocating 
the Eagle Mountain Casino, due in part to water shortages, to trust 
lands in the City of Porterville.
C. Water Resources of the Tule River Reservation
    The Reservation is located almost entirely in the South Fork Tule 
River drainage basin. Because the Reservation is located in the Sierra 
Nevada headwaters of the river, there are no upstream diverters on the 
river above the Tribe. The South Fork Tule River, which is the primary 
water source on the Reservation, is flashy (flows are high during 
spring runoff and decrease during the summer and fall months) and 
subject to extended periods of drought. Groundwater is very limited due 
to both water quantity and quality issues.
    The major water use on the Reservation is for domestic and 
municipal purposes. Less than 5 percent of the Reservation is suitable 
for agriculture, though some members graze livestock in various 
locations. In dry years, which are increasingly common (including this 
year), the Tribe has had to truck-in water and donate bottled water to 
its members for domestic and municipal purposes due to water shortages, 
with members sometimes relying on bottled water for months at a time. 
These shortages affect Tribal members in multiple ways, including 
precluding them from cooking and bathing or from going to work or 
attending school. In the hottest part of summer, the Tribe has to open 
its government buildings to provide refuge for elders that rely on 
water for the cooling systems in their homes. This lack of reliable 
water supply results in interruptions to critical services, including 
education programs, emergency services, elder care, and the Tribe's 
justice center and government functions. It has also contributed to a 
housing shortage that impacts the number of Tribal members who can 
reside on the Reservation.
D. Proposed Tule River Tribe Settlement Legislation
    Negotiations regarding potential settlement of the Tribe's water 
rights claims have been ongoing since 1996, when the United States 
established a team to negotiate a comprehensive settlement of all the 
Tribe's water rights in California. Over the course of the 
negotiations, the United States conducted numerous studies examining 
options for water development on the Reservation. The studies point to 
water storage as a key component of a reliable water supply.
    Relying on these studies, and other studies the Tribe conducted on 
its own, the Tribe and the downstream water users reached a 2007 
Agreement. That Agreement sets-out water allocation between the parties 
and addresses how water release schedules will be determined for any 
future water storage project the Tribe may construct on the South Fork 
Tule River. The 2007 Agreement identified a possible location for water 
storage, and included operational rules for a reservoir at that 
location, but allowed the Tribe to choose a different site if the 
planned site proved infeasible. The parties agree that the site 
initially identified is not feasible. The Tribe's efforts to finalize 
plans for an alternative site are ongoing, and the parties have yet to 
agree on operational rules for a reservoir at another location of the 
Tribe's choosing. It is important to establish these operational rules 
to delineate the Tribe's water right. The 2007 Agreement was amended 
for technical issues in 2009. The United States is not a signatory to 
either the 2007 Agreement or the 2009 technical amendments.
    S. 4870 would resolve all of the Tribe's water rights claims in 
California; ratify and confirm the Tule River Tribe water rights 
settlement agreement among the Tribe and most downstream water users, 
and authorize the Secretary of the Interior to sign the agreement; 
direct the Attorney General of the United States to file suit in 
Federal Court to bind all water users in the basin; authorize funds for 
water development projects to implement the settlement agreement; and 
transfer various lands into trust for the Tribe.
    S. 4870 would ratify and confirm a Tribal water right, which 
includes the right to up to 5,828 acre-feet per year of water flows 
from the South Fork Tule River, as described in the 2007 Agreement. The 
2007 Agreement provided that the Tribal water right would be 
administered in accordance with agreed-upon operational rules for the 
water storage facility that the Tribe was to build, rather than 
according to priority date. If the parties could not agree upon 
operational rules, the 2007 Agreement contemplated that the parties 
could submit competing proposals to the court, which would be charged 
with assessing which proposal better satisfied the criteria set forth 
in the Agreement. In addition, the Tribal water right, as described in 
the 2007 Agreement and ratified by S. 4870, would also include the 
right to divert and use certain amounts of water from springs on the 
Reservation and the right to use groundwater on the Reservation, 
subject to some restrictions. S. 4870 would also direct the United 
States to file suit in Federal District Court in California, for the 
purpose of entering a decree approving the Tribe's Federal reserved 
water right, consistent with the 2007 Agreement, and binding all water 
users in the basin.
    S. 4870 would establish a Trust Fund of $568 million, to be 
indexed, for the Tribe to develop water infrastructure on its 
Reservation, as it determines necessary and on its own timeframe. 
Monies in the fund can be used by the Tribe to construct water 
development projects ($550 million) and operate, maintain, and 
rehabilitate water development projects ($18 million).
    S. 4870 also would transfer approximately 825.66 acres of Bureau of 
Land Management land, 1,837.46 acres of fee land owned by the Tribe, 
and approximately 9,037 acres of Forest Service land to the United 
States, to be held in trust for the Tribe. As articulated in Section 6 
of Joint Secretarial Order 3403, the Biden Administration strongly 
supports returning ancestral lands to Tribes and looks forward to 
continuing to work with the Committee and bill sponsors on the overall 
land transfer proposal.
E. Department of the Interior Position on S. 4870
    The Department supports the components of S. 4870 over which it has 
jurisdiction, and the Administration has identified some targeted 
changes that must be made to address certain legal issues and ensure 
effective implementation of the water rights settlement that it is 
intended to ratify. We have worked closely with the Tule River Tribe to 
develop amendments that address many of these concerns and we look 
forward to providing technical assistance to the Committee to develop 
an amended bill. The Department defers to USDA regarding the transfer 
of National Forest System lands proposed in S. 4870 including any 
implications that may result should a transfer be enacted.
    This bill is the result of over two decades of dedicated, good-
faith negotiations to reach consensus on key issues. The Department 
appreciates that each settlement is unique, and its terms must be 
tailored to meet the needs of the settling Tribe and other parties.
    S. 4870 is designed to meet the Tribe's current and long-term needs 
for water by providing a Trust Fund to be used by the Tribe according 
to its needs and determinations. Rather than committing the Tribe or 
the United States to construct specific water infrastructure projects, 
S. 4870 would allow the Tribe to make decisions regarding how, when, 
and where to develop water infrastructure on its Reservation. This 
approach to settlement is consistent with tribal sovereignty and self-
determination, and with our trust responsibilities, and will help 
ensure that the Tribe can maintain its way of life on its Reservation.
    The Administration has worked with the Tribe on revisions to 
certain provisions of the bill to avoid potential impediments to 
implementation. There are certain provisions of the 2007 Agreement that 
are no longer operative, and negotiated amendments are needed before 
the Agreement can be presented to the court for approval.
    As explained above, the parties agree that the proposed water 
storage facility will not be built at the site identified in the 2007 
Agreement and that new operational rules tailored to the new site must 
be adopted and incorporated in the Agreement. The current version of 
the bill could require the Attorney General to file suit seeking entry 
of the 2007 Agreement and approval of the Tribal Water Right before the 
parties have the opportunity to agree on the necessary amendments. This 
could impermissibly require the United States to file suit before there 
is actually a justiciable claim.
    These issues can be addressed with revisions to Sections 4 (which 
addresses ratification) and 12 (which addresses judicial 
enforceability). We recommend that the bill address the need for new 
operational rules, rather than ratifying the inoperable provisions of 
the 2007 Agreement. We also recommend revising the bill to ensure that 
the parties seek approval of the Agreement only after the matter is 
ready for judicial resolution.
    We also want to note that the 2007 Agreement's lack of a priority 
date for the Tribal water right could impair effective implementation 
of the Agreement and the bill. We believe that a simple amendment to 
the bill would address this issue, while also preserving the 
expectation of all interested parties.
    We believe that these issues can be resolved in a way that 
preserves the expectations of all interested parties--including the 
Tribe. Toward that end, we have worked in collaboration with the Tribe 
on amended bill language that the Administration would support as a 
substitute for the introduced version.
IV. Conclusion
    The Department appreciates the dedication of all parties, including 
the Pueblos, the State of New Mexico, and the non-Indian water users, 
the Tule River Tribe and the downstream water users to these prolonged 
negotiations and the willingness of all the parties to reach consensus 
on contentious issues. We support the Administration's policy regarding 
restoring sovereignty over critical ancestral lands under the control 
of the Federal Government, and look forward to work with Congress 
regarding these bills.

    The Chairman. Thank you very much.
    Chairman Peyron, please proceed with your testimony. 
Welcome.

   STATEMENT OF HON. NEIL PEYRON, CHAIRMAN, TULE RIVER TRIBE

    Mr. Peyron. Greetings, Chairman Schatz and Vice Chair 
Murkowski, and honorable members of the Committee.
    My name is Neil Peyron, Chairman of the Tule River Indian 
Tribe of the Tule River Indian Reservation in California. I am 
here to deliver the Tule River Tribe's support for S. 4870. I 
would like to thank Senators Padilla and Feinstein for 
introducing and moving S. 4870 forward, and also Congressman 
Kevin McCarthy's office for their continued assistance in the 
House.
    This bill offers a unique opportunity for all sides of the 
political spectrum to achieve success towards meeting the 
United States trust responsibility to the Tule River Tribe by 
safeguarding access to clean drinking water. The Tule River 
Tribe needs water solutions now.
    We live in a steep canyon where the river supplies up to 80 
percent of our water. But like many western streams, it can run 
low or even go dry for months at a time. In 2014, we began 
seeing zero flow in the river for months at a time. Without 
water, we often have no choice but to pause day to day life and 
government operations to seek out, haul and deliver water 
throughout the reservation for months at a time.
    Currently, the tribe can experience water shortages even if 
the river has some water running in it. Every year, the 
reservation has run out of water for household use.
    When there are outages, people cannot cook, they cannot 
bathe, they cannot use modern plumbing. Tribal members must 
rely on bottled water for basic needs. They may miss work or 
they may miss school. Residents are asked to limit water use or 
they will get cited and sent to tribal court if they do not 
comply.
    Nevertheless, we have adapted. We truck water in. In the 
past, members had to use water tanks for basic needs such as 
bathing. In the hottest parts of the summer, we open government 
buildings to provide refuge for elders who rely on their 
evaporative coolers which need water to operate efficiently.
    We also have been forced to use bottled water for months at 
a time and drill deeper wells. But we have survived. We have 
experienced interruptions in critical services like our medical 
facility, educational programs, emergency services, elderly 
care, our justice center and government functions, and to our 
economy in general.
    Given the severe drought, we have experienced major fires 
in the last decade. If we use our water system to suppress 
fire, it completely depletes our supply of water, meaning we 
are back into the cycle described above. You can refer to pages 
11 and 12 of my written testimony for photographs.
    Access to water also impacts our waiting list of 500 
members who cannot achieve full membership without establishing 
residency on the reservation. They are currently precluded from 
doing so because we cannot provide them water. Due to the ever-
increasing water scarcity in the central valley from lack of 
snow pack and rain, we vulnerable to wildfire and drought. This 
settlement will allow us to create the much-needed storage to 
sustain our existence in our ancestral homelands.
    The Tribe has been working on this for 51 years to secure 
our water. We have spent millions of dollars and countless 
hours to get to this point. The legislation provides the best 
solution for the Tule River Tribe's water crisis.
    The settlement is fund-based, it allows us to build 
storage, improve water quality and delivery and ensures a 
tribal right of 5,821 acre-feet of water for on-reservation 
use. It ratifies a 2007 settlement agreement with state-based 
downstream water users, guaranteeing them year-round 
deliveries. As a result, it has broad local support.
    The legislation returns 9,000 acres of the Tule River 
headwater from the Forest Service into trust to be protected by 
the Tule River Tribe. It requires a mandatory Federal 
contribution of $568 million of which $20 million will be used 
to do preliminary work needed to establish the site for the 
reservoir. California has already contributed $2 million toward 
immediate water access in 2021.
    In conclusion, the Tule River Tribe is in a water crisis. 
The crisis was compounded by broken treaties, forced removal 
from our original reservation and the depth of our land and 
failure to uphold the 1922 agreement. The time is right for our 
Federal partners to join us in providing the resources 
necessary to ensure a sustainable future for the Tule River 
Tribe by supporting S. 4870.
    We respectfully request the Senate Committee on Indian 
Affairs to swiftly mark up and pass S. 4870 for consideration 
by the House, so we can look to fulfill passage by the end of 
this Congress.
    I thank the Committee for the opportunity to fully express 
Tule River's support of this bill. I will stand for any 
questions. Thank you.
    [The prepared statement of Mr. Peyron follows:]

   Prepared Statement of Hon. Neil Peyron, Chairman, Tule River Tribe
I. Introduction
    Greetings Chairman Schatz, Vice Chairwoman Murkowski, and members 
of the Committee. My name is Neil Peyron and it is an honor to appear 
before you today. I am a member of the Tule River Indian Tribe (``Tule 
River'') located in central California, and I serve as the Chairman of 
the Tule River Tribal Council. I come before you today to share Tule 
River's greetings, well wishes, and strong support for S.4870, the Tule 
River Tribe Reserved Water Rights Settlement Act of 2022.
    This bill is fifty-one years in the making. It honors treaty rights 
as recognized by Presidential Executive Orders and other commitments 
made to Tule River by the United States, and it ensures we have a 
sustainable and livable homeland. It represents a historic coming 
together of tribal, state, and federal interests to form agreement 
around the important, and long-overlooked issue of access to water for 
the Tule River people.
    I would like to thank Senator Padilla and Senator Feinstein for 
their support of Tule River in our efforts to introduce and move this 
important legislation. I would also like to thank Congressman McCarthy, 
who has worked with us to settle our federal reserved water rights. We 
have worked hard to meet the requirements of the Criteria and 
Procedures for the Participation of the Federal Government in 
Negotiations for the Settlement of Indian Water Rights Claims. We 
believe passing this bill into law offers a unique opportunity for all 
sides of the political spectrum to achieve success towards meeting the 
United States' trust responsibility to the Tule River Tribe by 
safeguarding our access to clean drinking water.
    This settlement, achieved without the need for costly litigation, 
will finalize an agreement by the major water users on the South Fork 
of the Tule River, meet the obligations of the United States to protect 
and develop a permanent homeland for Tule River, and provide certainty 
to the water users in Central California that utilize the Tule River 
basin. It will also provide Tule River with the wet water it needs for 
its community after a decade of extreme drought brought on by climate 
change. This bill reconciles over 100 years of the effects of forced 
removals on the Tule River people, even at gunpoint, and the unratified 
1851 Treaty of Paint Creek relied upon by our people. \1\ The history 
of Tule River, and our forced removal onto the reservation, tracks the 
troubled history of the United States and its relations with native 
people. But the history in California is one of the darker pages for 
the United States. \2\ This legislation offers a unique opportunity to 
correct some of these past wrongs.
---------------------------------------------------------------------------
    \1\ Frank, Gelya and Carole Goldberg, Defying the Odds: The Tule 
River Tribe's Struggle for Sovereignty in Three Centuries, p. 54, New 
Haven and London: Yale University (2010). Available at the National 
Indian Law Library (NILL) at the following link: https://
nill.softlinkliberty.net:443/liberty/
OpacLogin?mode=BASIC&openDetail=true&corporation
=NARF&action=search&queryTerm=uuid%3D%225c659d6f0af12b193f2f1f287
c6e356b%22&operator=OR&url=%2Fopac%2Fsearch.do).
    \2\ See Castillo, Edward D. (Cahuilia-Luiseno), State of California 
Native American Heritage Commission, California Indian History, ``Short 
Overview of California Indian History,'' https://nahc.ca.gov/resources/
california-indian-history/ (last accessed Sept. 28, 2022).
---------------------------------------------------------------------------
II. History of the Tule River Reservation and the Struggle of Tule 
        River to Secure a Sustainable Homeland
A. The Unratified Treaty of Paint Creek
    The Tule River Reservation is part of our ancestral homeland. We 
are Yokuts Indians and have occupied the San Joaquin Valley in 
California for thousands of years. Following the discovery of gold in 
the late 1840s, there was massive immigration into California from the 
eastern United States. In the first two years of the gold rush, it is 
estimated that 100,000 native people were killed. \3\
---------------------------------------------------------------------------
    \3\ Id.
---------------------------------------------------------------------------
    To legally obtain the lands that the Tribal Nations held, the 
United States negotiated 18 treaties with native people in California. 
One such treaty was the Treaty of Paint Creek that was signed on June 
3, 1851. In that Treaty our ancestors reserved large tracts of land for 
our people. With California statehood and the desire for gold, however, 
there was enormous pressure on Congress to reject the 18 treaties 
negotiated with the Tribal Nations in California. Congress yielded to 
this pressure and in 1852 rejected the 18 treaties, including the 
Treaty of Paint Creek. The treaties were subsequently placed under an 
order of secrecy and hidden in the Senate's records for over 50 years. 
\4\ Our ancestors were never informed the treaties we negotiated with 
the federal government were not ratified.
---------------------------------------------------------------------------
    \4\ See Miller, Larisa K., ``The Secret Treaties with California's 
Indians,'' Archives, Hoover Institution at Stanford University, (2013), 
https://www.archives.gov/files/publications/prologue/2013/fall-winter/
treaties.pdf (last accessed Sept. 28, 2022).
---------------------------------------------------------------------------
    Below is a map of the lands our ancestors reserved for our people 
in the Treaty of Paint Creek, which includes much of the agricultural 
hub of the central valley in California. (See also Exhibit A, which 
provides a timeline of significant events for the water rights of the 
Tule River Tribe.)
    Figure 1: Map depicting area of traditional cultural affiliation 
for the Tule River Tribe of Yokut Indians as well as the lands ceded 
and retained in the Paint Creek Treaty of 1851. *
---------------------------------------------------------------------------
    * The Figures, images, and attachments to this prepared statement 
have been reviewed and retained in the Committee files.
---------------------------------------------------------------------------
B. Establishment of the Original Reservation through Fraud
    After failing to ratify the treaties, Congress established the 
Superintendency of Indian Affairs in California in 1853 to relocate 
Indians to reservations. In 1856, the California Superintendency 
established our reservation pursuant to the 1853 authority, on 
approximately 2,440 acres of prime San Joaquin Valley farmland in 
Tulare County. The southwest corner of the land was transected by the 
mainstem of the Tule River. It included part of what is today the 
eastern portion of the City of Porterville. Despite being significantly 
smaller than what was reserved in the treaty, the location of this 
original Reservation was selected by the federal government to provide 
Tule River with the arable land and water resources needed to establish 
a self-sufficient homeland for our people.
    Upon being promised this land as our homeland--ostensibly forever--
we built homes and began to actively cultivate crops. Despite our 
relative prosperity in those years, two of the federal Indian agents 
assigned to reservations in the area decided to capitalize on the 
distance and ignorance of the officials in Washington, D.C. Thomas 
Madden, a federal Indian agent assigned to the neighboring Tejon Indian 
Reservation, applied for, and was issued a fraudulent public land 
school warrant for 1,280 acres of the Tule River Reservation from the 
State of California. \5\ Four years later, and under a similar illegal 
arrangement, a land warrant for 1,160 acres of Tule River Reservation 
was issued to Mr. John Benson, another Indian Agent. These two state 
land warrants encompassed all our Reservation lands.
---------------------------------------------------------------------------
    \5\ Frank, Gelya and Carole Goldberg, Defying the Odds: The Tule 
River Tribe's Struggle for Sovereignty in Three Centuries, p. 41-55, 
New Haven and London: Yale University (2010). Available at the National 
Indian Law Library (NILL) at the following link: https://
nill.softlinkliberty.net:443/liberty/
OpacLogin?mode=BASIC&openDetail=true&corporation=
NARF&action=search&queryTerm=uuid%3D%225c659d6f0af12b193f2f1f287
c6e356b%22&operator=OR&url=%2Fopac%2Fsearch.do).
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    The federal government was fully aware that these lands were 
expressly reserved to us, but it made no effort to challenge the Madden 
and Benson land warrants--despite an investigation in 1858 confirming 
the fraudulent nature of the agents' land claims. Because the lands had 
been set aside for the Tribe, the State of California had no legal 
basis upon which to issue the warrants. The land transfers were also a 
violation of the federal Trade and Intercourse Act, which expressly 
prohibited Indian agents from having ``any interest or concern in any 
trade with the Indians,'' Indian United States v. Hutto, 256 U.S. 524, 
525 (1921), and prohibited the sale of Indian lands except by treaty. 
25 U.S.C.  177. Instead of setting aside the issuance of these 
warrants, the federal government actually paid rent to Agents Madden 
and Benson for at least a dozen years to enable our ancestors to 
continue farming what was our land. \6\
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    \6\ J. B. Vosburgh to CIA, September 4, 1875, Annual Report of the 
Commissioner of Indian Affairs (ARCIA), 1875, HED l, 44th Congress, 1st 
Session, serial l680, p. 730-731.
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    Gradually, over the years, hostility increased in general between 
the Indian farmers and the settlers in the area. In response to the 
tension, and rather than enforcing our rights to what was our 
Reservation land, in January 1873, President Grant issued an Executive 
Order creating a new reservation for the Tule River Tribe. It was 
comprised of mostly mountainous, rocky lands located about fifteen 
miles to the east of our original Reservation. The Tule River Indians 
and the Indian agent at the time, Agent J.B. Vosburgh, protested the 
forced removal as the new lands would be difficult to cultivate. Figure 
2: Map depicting the Tyler/Benson and Madden Farms in relation to 
current Tule River Reservation.
    Agent Vosburgh, stated in his annual report to the Commissioner of 
Indian Affairs:

         There was very little to be seen at the new agency to commend 
        it for the purposes to which it was set apart. . . By far the 
        most valuable part of the reserve is upon the mountains in the 
        extreme eastern portion, where there are extensive forests of 
        pine available for the production of lumber, which would find a 
        ready market among the settlers on the plains below. \7\
---------------------------------------------------------------------------
    \7\ J. B. Vosburgh to CIA, September 9, 1874, ARCIA, 1874, House 
Executive Document HED 1, 43rd Congress, 2nd Session, serial 1639, p. 
623. Note: The acreage figure that Agent Vosburgh reflects the acreage 
in the January 9 executive order and not the acreage for the October 3, 
executive order that enlarged the reservation.

    He further requested that the government inquire into the legality 
of the Madden and Benson land warrants and, if necessary, requested the 
federal government purchase the property from them for the benefit and 
use of the Indians.
    No such action was taken by the federal government, and our people 
were forcibly removed from their homes and cultivated fields. The 
removal was very hard on our people. One tribal member alive then, Mary 
Santiago, who was born about 1859 and participated in the removal, 
recalled hiding in a cave as she and her brother ``watched soldiers run 
over women and children killing some, cutting down their jerky lines, 
burning their tule huts that they lied in. Mostly killing men and young 
boys.'' \8\ The new Reservation, while it contained 48,000 acres, was 
determined by the federal agents, based on the knowledge and technology 
of the time, to be insufficient to provide for us. An Indian agent 
reported, year-by-year our number had decreased by death and removal, 
until at this point there were only 143 Indians, embraced in 39 
different families, residing on the reservation. \9\
---------------------------------------------------------------------------
    \8\ Frank, Gelya and Carole Goldberg, Defying the Odds: The Tule 
River Tribe's Struggle for Sovereignty in Three Centuries, p. 54, New 
Haven and London: Yale University (2010). Available at the National 
Indian Law Library (NILL) at the following link: https://
nill.softlinkliberty.net:443/liberty/
OpacLogin?mode=BASIC&openDetail=true&corporation=
NARF&action=search&queryTerm=uuid%3D%225c659d6f0af12b193f2f1f287
c6e356b%22&operator=OR&url=%2Fopac%2Fsearch.do).
    \9\ H.R. 123, H.R. 2498 and H.R. 2534, Legislative Hearing before 
the Subcommittee on Water and Power of the Committee on Natural 
Resources, U.S. House of Representatives, 110th Congress, 1st Session 
(Sept. 25, 2007), Serial No. 110-45, Testimony of Kenneth McDarment on 
behalf of the Tule River Tribe of California In Support of H.R. 4685, 
the Tule River Indian Reservation Land Trust, Health, and Economic 
Development Act; citing Reports of Agents in California, Tule River 
Agency, The Commissioner on Indian Affairs, United States Indian Agent 
C.G. Belknap (August 11, 1883) 18-20.
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    Our situation was so dire that, in response, President Grant, in 
October 1873--just nine months after the initial Executive Order--
signed another Executive Order almost doubling the Reservation's size 
to 91,837 acres. \10\ In August 1878, President Hays issued yet another 
Executive Order unlawfully reducing the reservation back to the January 
1873 size of 48,000 acres.
---------------------------------------------------------------------------
    \10\ Id.
---------------------------------------------------------------------------
    Figure 3: 1873 and 1878 Reservation Boundaries created by Executive 
Order.
C. The 1922 Agreement
    The only known adjudication of water rights on the South Fork of 
the Tule River is Poplar Irrigation Co. v. A.A. Howard, No. 7004, Book 
14, page 195, Superior Court of Tulare County, State of California, 
Dept. No. 2 (1916). In the proceedings, the U.S. created uncertainty 
when it failed to consider, evaluate, or defend any potential pre- 1873 
claims of the Tule River Tribe to the South Fork of the Tule River. 
Without involvement or consent from the Tule River Tribe, the court 
found that the South Tule Independent Ditch Company (STIDC) had the 
most senior rights, dating from 1854. The Court never made the Tule 
River Tribe a party to the case despite their clear water right 
interests.
    In 1922 the United States perpetuated this error and, in violation 
of their trust duties to the Tribe, the Secretary of the Interior, 
acting on behalf of the Tule River Tribe, entered an agreement with 
STIDC to ensure certain water deliveries reached STIDC's diversion 
without the Tribe's consent (Exhibit B). The Agreement apportioned the 
flow of the South Fork of the Tule River under low flow conditions that 
guaranteed water to STIDC, even when doing so would not benefit the 
Tribe.
    Further, in the 1922 Agreement the United States promised to 
develop Tule River's reservation with the utilization of a permanent 
water right. The United States, however, has not fulfilled its 
obligation to fully develop the reservation or the water resources 
necessary to make the reservation a permanent homeland. We continue to 
live under the terms of the 1922 Agreement today. We have honored the 
obligations made by the United States while receiving little to none of 
the benefits promised.
    For over a century, we have lived on the Reservation established in 
1873, a mountainous land where, because of the failure of the United 
States to provide adequate water storage and irrigation facilities, we 
have been unable to fully achieve the agricultural homeland promised to 
us in the Paint Creek Treaty and partially performed in our original 
1856 Reservation. The Tule River people are a proud people, and I tell 
this story not to complain or to blame anyone for these past 
injustices. They do, however, show that it is appropriate for the 
United States to now begin the reconciliation and healing process 
through enactment of S. 4870. This legislation will enable the Tule 
River Tribe to bring water to our lands in sufficient quantities to 
make our reservation a viable homeland now and forever.
III. Overview of Reservation and Need for Water
A. The Reservation and Water Resources
    The current Tule River Indian Reservation is located along the 
border of the Central Valley of California just outside the town of 
Porterville in the rugged Sierra Nevada mountains. The Reservation's 
eastern boundary abuts the Forest Service's Giant Sequoia National 
Monument. Just downstream is the Army Corps of Engineer's Lake Success, 
a dammed water body used for flood control and downstream irrigation, 
which is fed by the Tule River.
    The topography of the Reservation is generally steep, with 
elevations ranging from about 900 to 7500 feet above sea level. Most of 
the inhabited land is along the lower reach of the South Fork of the 
Tule River on the western side of the Reservation. The South Fork of 
the Tule River runs through the Reservation, which then flows into the 
Tule River at Success Reservoir, about ten miles west of the 
Reservation. There are no significant uses of water upstream of the 
Reservation.
    Figure 4: Map of Tule River Reservation and surrounding landmarks 
(See also Exhibit C).
    The South Fork provides the Tribe with about 80 percent of its 
water. It flows through the Reservation and is subject to the Tule 
River Tribe's federal reserved Indian water rights. However, our Tribe 
is unable to use most of the river flow. To make use of the water in a 
meaningful way, it must be captured and stored, as the river runs low 
or even goes dry several months of the year. The hydrology of the South 
Fork is like most western rivers in that the flows are generally much 
higher in the spring months than the rest of the year. The hydrology of 
the South Fork is also marked by periods of drought during which the 
entire flow of the river is significantly reduced for long periods of 
time, sometimes spanning several years. These two general 
characteristics are depicted on the two graphs attached to this 
testimony. (Exhibit D).
    The measured average annual flow of the South Fork Tule River at 
the western boundary of the Reservation is 25,080 acre-feet per year. 
However, its flow is dependent on snowmelt and runoff. In 2014 there 
was zero flow in the South Fork for the first time in living memory, 
which lasted for 85 days. In 2015 the river was dry again for 97 days, 
and in 2021 it was dry for 93 days. The Tribe experiences water 
shortage even if the river has water running in it and every year the 
Reservation runs out of water for household use.
    The water resources available to Tule River consist of the flow 
from the South Fork Tule River and its tributaries on the Reservation, 
as well as very limited groundwater resources. The existing supplies 
from the river and wells do not serve the current needs of the 
community on the Reservation. There are growing concerns about the 
long-term reliability of these sources, both in terms of quantity and 
quality.
B. The Impacts of the Lack of Water on Tule River
    Tule River, like so many native nations, is plagued by unemployment 
and mortality. As recently as March of 2022, the estimated poverty rate 
on the Reservation was still 56 percent higher than Tulare County as a 
whole. \11\ Our median household income is $39,750, and we have a 16.1 
percent unemployment rate. \12\ That said, we are proud that 79.9 
percent of our people graduate from high school, though very few, only 
1.4 percent, go on to achieve their bachelor's degree or higher. \13\ 
To this day, Reservation residents generally continue to suffer from a 
relatively low standard of living due in large part to the absence of 
an adequate and reliable potable water supply and system.
---------------------------------------------------------------------------
    \11\ California Department of Social Services, Executive Summary, 
All County Letter No. 22-28 (April 8, 2022) (available at: 2021 50 
Percent Unemployment Exemption ACL (ca.gov)); see also Bacon, David. 
``Tulare County During the Pandemic--The Hard Price of Poverty,'' 
Capital & Main (August 3, 2020) (available at: Tulare County During the 
Pandemic--The Hard Price of Poverty (capitalandmain.com)).
    \12\ United States Census Bureau, My Tribal Area, Tule River 
Reservation and Off- Reservation Trust Land, 2016-2020 American 
Community Survey 5-Year Estimates (available at: https://
www.census.gov/tribal/?aianihh=4300).
    \13\ Id.
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    Every year, our tribal members have gone without access to water 
for basic needs. When there are outages people cannot cook, or bathe, 
and Tribal Members must rely on bottled water for basic needs. They may 
miss work and/or school. Residents are asked to limit water use and not 
use water for landscaping. Nevertheless, we've adapted. We truck water 
in, drill deeper wells, and in the past members have been forced to use 
water tanks for basic needs such as bathing, and drinking donated 
bottled water for months at a time. In the hottest parts of the summer, 
we open government buildings to provide refuge for elders who rely on 
water for their swamp coolers. But we've survived.
    To do so we experience interruptions in critical services like 
education programs, including the Towanits Elementary Sschool, 
emergency services, elderly care, justice center and government 
functions, as well as the economy in general. Given the severe drought, 
we have had major fires in the last decade. (See Exhibit E). Last fall 
the Windy Fire of 2021, burned 97,528 acres of the neighboring Sequoia 
National Forest and 19,325 acres of our Reservation. When we utilize 
our water system to suppress fire, it completely depletes our supply of 
water, meaning we are back into the cycle described above.
    Image 1: Tribal Members bathing from water tanks.
    Image 2: Dry South Fork of the Tule River.
    Images 3 & 4: Wildfire smoke and flames on Tule River Reservation.
    Lack of access to water also means we cannot fully serve all our 
tribal membership that wish to reside on their homelands on the 
Reservation. We have a waiting list of over 500 candidates and land 
ready for development for their housing needs. All we lack is water.
    We are extremely vulnerable to the ever-increasing water scarcity 
of the Central Valley. The Sierra Nevada snowpack is expected to 
decline by as much as 90 percent by the end of the century if heat 
trapping emissions continue to rise at today's levels. \14\ S. 4870 
offers both a drought mitigation plan and a climate impact reality 
check. This settlement will allow us to create the much-needed storage 
to sustain our existence in our ancestral homelands.
---------------------------------------------------------------------------
    \14\ National Oceanic and Atmospheric Administration (NOAA), 
National Environmental Satellite Data and Information Service, ``Sierra 
Nevada Snowpack on the Decline'' (March 2, 2020), Sierra Nevada 
Snowpack on the Decline NESDIS (noaa.gov).
---------------------------------------------------------------------------
IV. Overview of Legislation
    We spent over twenty years studying how to best harness the water 
of the South Fork Tule River to meet our Tribe's needs. From a water 
needs assessment to a water allocation model, from a groundwater 
investigation to a water quality impact study for stored water, from 
creating a physical model of our Reservation to hydrologic studies and 
biological evaluations of a reservoir project, from dam cost 
comparisons to analysis of water supply alternatives, from an 
engineering geologic inspection of potential dam sites to a value 
planning study, and from an appraisal level dam project technical 
evaluation report to a hydrology and yield analysis, we have worked 
hard to objectively and thoroughly understand our water needs, 
potential solution options, and the costs involved. (Exhibit F). With 
help from the Bureau of Reclamation, we concluded that a reservoir that 
can store up to 5,000 acre-feet is the most realistic and cost-
effective option to us, which will net the greatest benefit through the 
least amount of harm.
    A site just downstream of the confluence of the South Fork of the 
Tule River with one of its tributaries, Lower Bear Creek, was 
identified as the most likely and optimal location. This site is 
geologically robust, with granite rock, steep unvegetated slopes, and a 
narrow canyon cross-section. The site will also allow for access and 
construction staging areas. \15\ In addition to the reservoir and raw 
water transmission mainline, the project will also improve and update 
existing delivery and water treatment systems. \16\ Storing the water 
of the South Fork will also make it possible for us to consistently 
deliver water downstream to state-based water users. We spent fourteen 
years negotiating with the downstream water users, STIDC and the Tule 
River Association (TRA). As a result of our work together, in 2007 we 
came to a settlement agreement (``2007 Agreement'') with STIDC and TRA, 
which is reflected in the terms of S. 4870. The 2007 Agreement offer 
flexible and realistic terms and provide built-in mechanisms to ensure 
fairness. The settlement reached with TRA and STIDC in 2007 was 
achieved without costly litigation that could otherwise lock up the 
invaluable water in the Tule River basin for decades.
---------------------------------------------------------------------------
    \15\ Id. at 6.
    \16\ Id. at 7.
---------------------------------------------------------------------------
    The 2007 Agreement and accompanying S. 4870 legislation respects 
existing downstream water rights as agreed to by all the parties, and 
thus benefits everyone. The Tule River water storage project will 
capture early season runoff and make it available year-round, creating 
consistency for not only our Reservation water users, but also the 
state-based water users downstream. The operation rules for the future 
Tule River water storage project will mandate minimum releases for the 
benefit of downstream users. In addition, the Tribe will limit our use 
of river flow during what is typically the drier portion of the year to 
account for downstream uses. The Tribe will rely primarily on reservoir 
storage, which is filled during the high-flow season. In addition, 
storing water in the future reservoir can also allow it to be used to 
enhance downstream flows during dry periods. The Tribe will also share 
water shortages with the downstream users during dry years. Finally, 
the settlement includes provisions for record keeping, inspections, and 
cooperative technical decisionmaking, which will be to everyone's 
benefit by increasing accuracy and thereby the wise use of water.
    Based on a Bureau of Reclamation technical evaluation report, the 
Tribe has estimated the reservoir would likely cost $568 million for a 
roller-compacted concrete dam, road improvements, raw water 
transmission line, water treatment plant expansion, expanded 
distribution system, and operation, maintenance, and replacement costs. 
\17\ As this is a fund-based settlement, with a one-time payment, the 
Tribe is taking on considerable risk due to the rapidly increasing 
material and construction costs we have recently witnessed. 
Improvements to the downstream Schaffer Dam at Lake Success Reservoir, 
which entail widening the dam's spillway and improving flow control, 
are expected to total $135.5 million alone. \18\
---------------------------------------------------------------------------
    \17\ Bureau of Reclamation, ``Tule River Indian Water Rights 
Settlement--Technical Evaluation Report'' 53-61 (September 2016).
    \18\ 18 Gutierrez, Danielle, ``Second Phase of Schafer Dam has 
Begun'' The Sun Gazette (August 22, 2022) https://thesungazette.com/
article/news/2022/08/27/secondphase-of-schafer-dam-project-has-begun/.
---------------------------------------------------------------------------
    Given the risk, the Tribe seeks the funding on a mandatory basis, 
with part of the funding ($20 million) available immediately to allow 
technical studies and investigations still needed to determine exactly 
where to build the reservoir. While Indian water right settlements have 
sometimes been subject to discretionary spending, according to the 
Congressional Research Service, ``Congress also has authorized 
mandatory funding for Indian water rights settlements.'' \19\ Seeking a 
mandatory amount now will proactively prevent a backlog of U.S. moneys 
owed later. And it will reduce the cost, expense, and time for all 
involved in repeatedly seeking an appropriation from Congress in the 
future. What's more it will allow the Tule River to begin the long-
overdue work of securing a water source for its people immediately. 
With the passage of S. 4870 our water crisis will end in 2022.
---------------------------------------------------------------------------
    \19\ Congressional Research Service, ``Indian Water Rights 
Settlements'' (Updated January 18, 2022) https://
crsreports.congress.gov/product/pdf/R/R44148. The report discusses each 
type of source of mandatory funding in greater detail.
---------------------------------------------------------------------------
    Our bill also includes a transfer of land into trust of 
approximately 825 acres from the Bureau of Land Management, 
approximately 1,837 acres of tribally owned fee land, and approximately 
9,000 acres from the Giant Sequoia National Monument for Tule River. 
The Giant Sequoia lands are at the headwaters of the South Fork of the 
Tule River and their management is critical to the success of the 
proposed reservoir. Just last fall the Windy Fire burned 34 percent of 
our 55,356-acre Reservation. Runoff from the burn area could create a 
siltation overload in the reservoir and highlights the need for 
reforestation efforts and ongoing management, which the Tribe is poised 
to provide with over a thousand years of experience in observing and 
understanding the ecosystem and developing sustainable management 
techniques. We are currently engaged in negotiations with the USDA and 
Sequoia National Forest to establish better and more formal co-
stewardship provisions that will complement the land transfer. (Include 
MOU as an Exhibit?). What's more, the reservoir will provide more 
immediate access to an emergency water supply in the face of wildfire 
to the benefit of all landowners and managers in the area.
    The land transfer will redress the failure of the United States to 
honor promises of a forever homeland for the Tule River Tribe. It will 
more accurately account for the land lost to the Tribe because of the 
past fraudulent land warrants and because of the U.S. decision to 
relocate the Tribe to our current location. And it will reunite us to 
an area sacred to our people. With the transfer of the land back to the 
Tule River's direct use and management, the Tribe will also be able to 
protect its main source of water more fully--the South Fork of the Tule 
River.
V. Conclusion
    The Tule River Tribe is in a water crisis. The crisis was, in part, 
created by broken promises and previous failures of the United States 
to act. Had action been taken even as far back in the 1870s to address 
this situation, we would not be here today. Let us delay no longer. The 
time is as ripe as it will ever be for our federal partners to join us 
in providing the resources necessary to ensure a sustainable future for 
the Tule River Tribe by supporting S. 4870.
    We respectfully request that the Senate Committee on Indian Affairs 
swiftly mark up and pass S. 4870 for consideration by the House. I 
thank the Committee for the opportunity to fully express Tule River's 
support of this bill.

    Senator Murkowski. [Presiding.] Thank you, Chairman Peyron.
    We next turn to Governor Loretto. Welcome.

  STATEMENT OF HON. RAYMOND LORETTO, DVM, GOVERNOR, PUEBLO OF 
                             JEMEZ

    Mr. Loretto. [Greeting in native tongue.] Good afternoon, 
Chairman Schatz, Vice Chairman Murkowski, and distinguished 
Committee members. Thank you for this opportunity to testify in 
support of Senate Bill 4896, the Pueblos of Jemez and Zia Water 
Rights Settlement Act of 2022. I am Raymond Loretto, the 
Governor of the Pueblo of Jemez.
    The Pueblo extends special greetings, our respects and our 
gratitude to our distinguished Senators and champions from New 
Mexico, Senator Martin Heinrich and Committee Member Ben Ray 
Lujan. We also want to recognize the significant contributions 
of the State, the non-Pueblo parties, and the Federal team in 
making this settlement a reality.
    We are a federally recognized tribe located 45 miles 
northwest of Albuquerque. Our 3,800 tribal members primarily 
reside on the Pueblo. We have maintained our traditional ways 
of life, supported by strong cultural practices, deep spiritual 
values and our Towa language, a language only we speak.
    For centuries Jemez has been an agricultural community. Our 
people are subsistence farmers producing traditional crops as 
well as crops needed to feed our livestock. Our farmers rely on 
water from the Jemez River, which flows south through the 
Pueblo.
    The Jemez River also recharges the alluvial aquifer from 
which the Pueblo draws its drinking water. Indeed, the River 
supplies water for a wide variety of Jemez uses, including 
domestic, municipal, economic development, livestock, wildlife, 
and fisheries. The waters of the Jemez River Basin also support 
plant and animal species native to our area, and the Pueblo has 
relied on these culturally significant resources since time 
immemorial.
    In 1983, the United States brought litigation to protect 
the Pueblo water rights in the Jemez River Basin in a case 
known as U.S. v. Abousleman. Implementation of our settlement 
agreement is crucial to the Pueblo's long-term well-being. It 
recognizes our rights based on time immemorial priorities, and 
serves to protect our access to water to sustain our 
agricultural practices and livestock needs, to provide water 
for current domestic, commercial, municipal and industrial use.
    The key to our settlement is funding for the development of 
wells for both Jemez and Zia to provide groundwater to reduce 
reliance on surface water from the Jemez River. Development of 
these wells will help avoid conflicts between the Pueblos and 
non-Indian water users over access to increasingly scarce 
surface water, and will protect and strengthen relationships 
among the community of water users in the Jemez River Basin.
    The settlement also provides for Federal funds so that my 
Pueblo can improve our irrigation infrastructure, improve our 
water and wastewater infrastructure, better protect the 
watershed, and promote water-related Pueblo community welfare 
and economic development projects.
    For Jemez, the settlement projects will bring income to the 
Pueblo members, bring revenues into the tribal government from 
construction projects, will provide state-wide economic 
benefits for other businesses that will be involved in the 
Pueblo's projects. These opportunities will decrease the Jemez 
Pueblo's 40 percent unemployment rate and bring needed revenues 
into Pueblo households.
    But we are so proud to underscore that the settlement 
agreement also serves the needs of our neighbors as well. The 
settlement will benefit upstream water projects, help augment 
surface water supplies to guard against the effects of climate 
change, and provide a reliable supply of much needed irrigation 
water for the surrounding communities.
    For nearly 40 years, the Jemez Pueblo has engaged in good 
faith negotiations. We have invested an incredible amount of 
time and resources in this effort. We are not a wealthy tribe; 
we do not have casinos or vast energy resources. Instead, water 
is the key to our long-term health and stability and cultural 
preservation.
    Nothing has made this clearer than the recent COVID 19 
pandemic. Access to clean water was an essential component of 
preventing the spread of the disease, and our Pueblo continues 
to incur significant costs associated with the construction of 
new water lines to ensure access to clean water.
    We need your help to ensure that we will be able to 
actually benefit from our water rights to secure the future for 
our Pueblo members, accommodate the future growth of our 
population, and realize the full economic potential of our 
tribal homelands. This settlement is crucial to our ability to 
preserve ancient agricultural and other practices critical to 
our cultural survival.
    We ask that this Committee do everything in its power to 
move Senate Bill 4896 swiftly towards passage.
    I stand for any questions.
    [The prepared statement of Mr. Loretto follows:]

 Prepared Statement of Hon. Raymond Loretto, DVM, Governor, Pueblo of 
                                 Jemez
    My name is Raymond Loretto. I have the honor of serving as Governor 
of the Pueblo of Jemez. On behalf of our Pueblo, I thank you Chairman 
Schatz, Vice Chairman Murkowski, and distinguished Members of the 
Senate Committee on Indian Affairs for this opportunity to provide the 
Pueblo of Jemez's testimony urging swift passage of legislation to 
implement our historic water rights settlement. The Pueblo extends a 
special greeting and our respects to our Senator from New Mexico, the 
Honorable Ben Ray Lujan. The Pueblo also wants to thank Honorable 
Senator Martin Heinrich for introducing this legislation in the Senate, 
and to Representatives Teresa Leger Fernandez and Melanie Stansbury for 
introducing companion legislation in the House.
Introduction
    Since time immemorial, we, the Jemez people (traditionally 
pronounced as ``He-mish'') have maintained our traditional and distinct 
way of life supported by strong cultural values, deep religious respect 
and our Towa language, a language only we speak. The unique Towa 
language is spoken by 91 percent of our members.
    We are a federally recognized Indian tribe and one of the twenty 
Pueblos in present-day New Mexico and Texas. Our Reservation is located 
45 miles northwest of Albuquerque in central New Mexico with a land 
base totaling more than 89,000 acres. Our Reservation is composed of 
three large parcels, the original Jemez Pueblo grant, Ojo del Espiritu 
Santo grant, and the Canada de Cochiti grant. These lands are 
agricultural, grazing and forest lands. Jemez Pueblo is the gateway to 
the popular Jemez Mountains, a designated National Recreation Area and 
gateway to the Pueblo's ancestral lands in the Valles Caldera National 
Preserve now under the management of the National Park Service. Both 
federal areas are carved from lands that are within our traditional 
ancestral territory.
Brief History of the Pueblo of Jemez
    Jemez Pueblo has a unique history different from the rest of the 
Pueblos in New Mexico. Jemez Pueblo is one of two Towa speaking 
Pueblos. At the time of the Spanish Entrada in New Mexico there were 
two Towa Pueblos, both recognized by the Spanish government--Jemez 
Pueblo and Pecos Pueblo. Pecos Pueblo was located northeast of Santa 
Fe, New Mexico just downstream from the headwaters of the Pecos River, 
and between two major Spanish settlements--Santa Fe and Las Vegas--
placing it on various trade routes of Indian and non-Indian groups from 
the Plains into the Rio Grande Valley. The two Pueblos were 
agricultural communities located in separate river basins, living and 
farming on lands used by them since time immemorial. While the Jemez 
Pueblo survives to the present day, the people of Pecos Pueblo were 
forced to leave their lands due to many factors, including trespasses 
to their lands and waters as well as a significant drop in population. 
By 1838 there were only seventeen surviving Pecos members and these 
people moved to Jemez to join their Towa brethren for protection and 
survival. The historic record is clear that the move to Jemez was not 
an abandonment of the Pecos Pueblo by its people. By 1929 the Pecos 
descendants were estimated to be up to 250 people. In 1933, Jemez and 
Pecos requested of Congress that they be merged into just the Pueblo of 
Jemez which was achieved in 1936 by congressional act. \1\ Today, 
several Jemez Pueblo members descend from those seventeen survivors, 
and the traditions and religious practices brought over by the Pecos 
survivors are practiced and carried on in Jemez Pueblo.
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    \1\ The Act of 19 June 1936, 49 Stat. 1528.
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Tribal Government
    Jemez Pueblo is governed by the Jemez Tribal Council, the Governor 
and two Lieutenant Governors. The Governor represents the Pueblo of 
Jemez as an official Head of State and is the Chief Executive Officer 
of the Pueblo. The Governor, Lieutenant Governor and Second Lieutenant 
Governor are appointed at the start of each year by religious leaders 
and entrusted sole authority to oversee and carry out all secular 
duties and responsibilities of the tribal government. Our government 
also contains many active government services agencies such as our 
Tribal Administration, Natural Resources Department, Planning and 
Transportation, Tribal Courts, Police Department, Education Department, 
Public Works, Realty and Jemez Health and Human Services.
    Jemez Pueblo became a Self-Governance tribe in 2013 under the 
Indian Self-Determination and Education Assistance Act which enabled 
tribes to contract with the United States for administration of certain 
federal programs. See 25 U.S.C.   5301-5423.
Pueblo Members
    The number of enrolled tribal members as of September 30, 2022 is 
3,844. Most of our Pueblo members reside in the Pueblo Village 
traditionally known as ``Walatowa'' (a Towa word meaning ``this is the 
place''). In addition to our tribal members, non-tribal members living 
on the pueblo who are residing on the pueblo by marriage, adoption or 
through family relations. Some of our tribal members live off the 
reservation in the neighboring non-Indian communities of San Ysidro, 
Ponderosa, Canon and in the City of Rio Rancho. Others live in 
Albuquerque and Santa Fe. Since time immemorial the Jemez people have 
maintained their traditional way of life, a life supported by strong 
agricultural values and deep cultural respect. For many centuries Jemez 
has been an agricultural community and will continue to be as these 
practices are passed on to our children. The farmers are subsistence 
farmers producing traditional crops such as chili, corn, squash melons 
and other vegetables but are also livestock owners expanding their 
irrigation practices to growing alfalfa, oats and grass for livestock 
feed.
The Jemez River Basin
    The main water feature for the Pueblo of Jemez is the Jemez River 
whose headwaters are in the Valles Caldera National Preserve. The main 
tributary streams in the Valles Caldera National Preserve are San 
Antonio Creek and the East Fork Jemez River that join to form the Jemez 
River mainstem. The Jemez River flows south through the Canon de San 
Diego, between the Jemez Mountains and the Nacimiento Mountains to 
Jemez Springs, and continues south through the canyon to its confluence 
with the Rio Guadalupe, near Canones and Canon. From there the Jemez 
River runs through the Pueblo Village providing water for the farmers 
and recharges the alluvial aquifer from which the pueblo draws its 
drinking water. Vallecito Creek, an ephemeral stream, joins the Jemez 
River above and near Jemez Pueblo. At the south boundary of the Jemez 
Pueblo grant, the Jemez River continues into the non-pueblo community 
of San Ysidro and couple of miles to the south of San Ysidro, the Jemez 
River enters the Zia Indian Reservation and is joined by the Rio 
Salado, about four miles upstream from Zia Pueblo. The Jemez River 
continues southeast and enters the Santa Ana Pueblo reservation passing 
by Santa Ana to its confluence with the Rio Grande just north of the 
town of Bernalillo.
    Today, the Jemez River (and hydrologically connected groundwater) 
does not only supply water for irrigation on the Pueblo; it supplies 
water for a wide variety of tribal uses including, but not limited to 
domestic, municipal, economic development, livestock, wildlife, 
fisheries, and other natural resources in the River Basin. The waters 
of the Jemez River Basin also support a complex ecology that Jemez has 
used in the past and continues to use today for many sacred and 
culturally significant resources that exist because of the river and 
the groundwater.
Brief History of Settlement Negotiations
    The United States originally filed the Abousleman litigation in 
1983 to protect the water rights of the Pueblos of Jemez, Zia and Santa 
Ana; parties in the litigation included the State of New Mexico and 
non-Indian parties the Jemez River Basin Water Users Coalition and the 
San Ysidro Community Ditch Association. In 1993 the Department of 
Interior appointed a Federal Negotiation Team to assist the Pueblos in 
their pursuit of a negotiated settlement. In 1994 the Jemez Pueblo 
Tribal Council adopted a resolution confirming its desire to engage in 
settlement negotiations in the Abousleman case. Settlement negotiations 
in the case began more seriously in March 1996, when Mr. Brian James, 
attorney for the New Mexico State Engineer's office invited the United 
States and the three Pueblos to the negotiation table.
    Negotiations were catalyzed in 1996 when the Pueblos filed a 
``Priority Call'' on the non- Indian water users within the basin. 
Negotiations continued for several years with the parties agreeing on 
Settlement Principles which became the framework for the negotiations. 
With the assistance of a Mediator, the parties continued negotiating 
the terms of the settlement agreement and developed their settlement 
costs proposal. Unfortunately, in March 2012 the negotiations fell 
apart when the State of New Mexico withdrew its support for the 
settlement and walked away from the negotiation table.
    After this breakdown of negotiations that lasted over a four-year 
span, the Pueblo of Jemez took the initiative to bring the parties back 
to the negotiation table by hosting several group and individual 
meetings with the parties. As a result of the Pueblo's efforts, 
negotiations resumed in 2016 with the same parties plus the City of Rio 
Rancho, except that the Pueblo of Santa Ana, declined to participate in 
the negotiations. The Pueblo of Santa Ana prefers to litigate its 
claims in the Jemez River basin in federal court.
    Since 2016, with the assistance and involvement of the Federal 
Negotiation Team, the settling parties negotiated a tentative 
settlement agreement \2\ including settlement cost proposals for 
projects to be funded from the settlement. The settlement cost 
projection for Jemez Pueblo is $290,000,000 and for Zia Pueblo is 
$200,000,000 for a combined settlement cost of $490,000,000 for the 
Pueblos. The non-Pueblo portion of the settlement cost is projected at 
$19,559,000, which will be borne by the State of New Mexico. Below is 
an overview of the settlement agreement and components for which we are 
seeking congressional approval.
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    \2\ The settlement is tentative because the United States cannot 
approve the settlement until it is authorized by Congress.
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Overview of Settlement Agreement
    The Settlement Agreement recognizes and describes four categories 
of Pueblo water rights with a time immemorial priority: (1) irrigation 
water rights based on the Pueblos' Historically Irrigated Acres (HIA); 
(2) current Domestic, Commercial, Municipal, and Industrial (DCMI) 
uses; (3) water for Livestock Uses; and (4) Economic Development Water.
    The focal point of the Settlement Agreement is the construction of 
augmentation projects on Jemez and Zia lands. Each Pueblo will benefit 
from construction of a well field that will augment surface supply with 
groundwater. The well fields will provide groundwater for irrigation 
and other uses by the two Pueblos and members of the San Ysidro 
Community Ditch Association during periods of insufficient surface flow 
in the Jemez River. By making groundwater available, the settlement 
will prevent conflicts between the Pueblos and San Ysidro Community 
Ditch Association over surface water use. Federal funding for the 
Pueblos and state funding for the San Ysidro Community Ditch is 
critical to implementing this augmentation agreement. Further, by 
providing a critical buffer against climate change's effects on surface 
supplies, the augmentation and other proposed settlement projects will 
help preserve ancient cultural and agricultural practices and 
strengthen the relationship between Pueblo and non-Pueblo communities 
in the Jemez River Basin.
Settlement Components
    The Pueblo of Jemez' settlement components are the following:

        (1) Jemez Village Water Supply and Wastewater Feasibility 
        Investigation
        (2) Water and Wastewater facilities
        (3) Firmed Up Acreage (FUA) Irrigation Project
        (4) Pueblo Water Department
        (5) Multi-Use Water Development
        (6) Stockwater Facilities
        (7) Canon Area Land Acquisition
        (8) River Improvement Projects
        (9) Pipeline to San Ysidro Parcel

1. Jemez Village Water Supply and Wastewater Feasibility Investigation
    Over the past two decades, the Pueblo has taken active steps to 
improve the dependability and quality of its water supply. 
Nevertheless, several water supply problems still persist on the Pueblo 
including lack of water pressure, water quality concerns, insufficient 
storage capacity, and outdated infrastructure. The Pueblo must also 
identify and evaluate source(s) of supply for future water demands as 
the Pueblo's population and economy continue to grow. It is 
particularly important now to address water supply and treatment issues 
that affect the health of Pueblo residents in light of the ongoing 
COVID-19 outbreak and severe damage it has caused to Native American 
communities in the Southwest.
    Due to the lack of adequate domestic water systems and sewer 
infrastructure in areas suitable for housing development, coupled with 
inadequate domestic water supply systems within the Village, tribal 
members are forced to seek housing off the reservation. The existing 
system was built in the 1960's. Not only is there a lack of 
infrastructure for new development, but within the Village, based on a 
survey done several years ago, there are approximately 550 families 
living in substandard housing, 370 families living in overcrowded homes 
and 420 homes needing rehabilitation of some form. It was these housing 
conditions on the pueblo that created a real challenge in protecting 
the members from and preventing the spread of Covid 19 during the 
pandemic.
    The Settlement funding will help resolve the Pueblo's serious 
problems by providing adequate domestic water drinking systems and 
sewer systems.
2. Water and Wastewater Facilities
    The Pueblo currently has two separate water systems that produce 
approximately 186 acrefeet per year for the Pueblo's various domestic, 
municipal, and commercial uses. In the near future, it is expected that 
the Pueblo will grow, both in population and level of economic 
development. Future demands were divided into three distinct areas: (1) 
Jemez Village, extending from the mouth of Vallecito Creek down to the 
southern Reservation boundary; (2) Red Rocks, located near the northern 
Reservation boundary and described under a separate economic 
development plan; and (3) Vallecito Housing, a proposed housing 
development located east of the Jemez Village along Vallecito Creek. 
Separate water supply systems were planned for each of these three 
areas. Costs for the water supply systems were developed as part of a 
2012 Bureau of Reclamation study and were expressed in 2012 dollars.
    The Pueblo's wastewater treatment needs are currently served by 
four non-discharging evaporation lagoons located along the Jemez River 
near the Village. The Pueblo has had a desire to move away from lagoons 
and towards more conventional forms of treatment and discharge. 
Wastewater system improvements include costs for the replacement and 
expansion of the wastewater collection or sanitary sewer system on the 
Pueblo. Three separate sanitary sewer systems were designed for the 
three water demand areas: (1) Jemez Village, (2) Red Rocks area, and 
(3) Vallecito Housing area. Sanitary sewer system cost estimates 
include costs for lift stations, manholes, and collection mains 
conveying wastewater from the segmented demand areas on the Pueblo to 
the wastewater treatment facility. Costs for the wastewater treatment 
and collection systems were developed as part of a 2011 settlement 
proposal and were expressed in 2010 dollars.
3. Firmed Up Acreage (FUA) Irrigation Project
    The FUA Project is an irrigation system design developed for the 
Pueblo and provided for in the 2008 Settlement Principles that seeks to 
make improvements to existing irrigation infrastructure on the Pueblo 
and to expand the capabilities and improve the reliability of the 
system. A component of the FUA Project is the addition of water 
resource augmentation to provide a firm supply to a fixed amount of 
acreage through the construction of new wells and the improvement of 
water delivery infrastructure to provide additional water supply 
through improved irrigation efficiency. The FUA project consists of the 
following: (1) conveyance system improvements, (2) on-farm 
improvements, (3) augmentation wells, and (4) remote flow monitoring 
and control systems to provide improved system management.
    The overall goal of conveyance system improvements is to increase 
the efficiency with which the Pueblo's canals and laterals deliver 
water to the farm fields. The 60 plus year old concrete ditches and 
their two diversion dams on the Jemez River have exceeded their 
functional capacity making it difficult to effectively deliver water to 
Pueblo fields. Projects identified for the conveyance system include 
improvements intended to remove or reduce debris in the system, to 
protect existing infrastructure from degradation, and to reduce water 
loss due to seepage, as well as increases in system capacity to allow 
for carriage of Zia and San Ysidro water demands under low flow periods 
through the West Main Canal. The federal funding from the Settlement 
will provide the necessary funds to completely re-engineer the 
diversion dams and revamp the entire irrigation distribution system.
    Crucially, the majority of the work proposed in the improvement of 
the irrigation distribution system is work that can be done with the 
Pueblo's work force. Approximately 30 percent of the Pueblo's work 
force is skilled in construction, transportation, extraction and 
material moving occupations and maintenance occupations. These 
opportunities will help decrease the Pueblo's 40 percent unemployment 
rate and bring in needed revenues into the family households to improve 
the quality of life for our Pueblo members.
4. Pueblo Water Resources Department
    Establishment of a Pueblo Water Resources Department is a crucial 
piece to a successful water rights settlement. A Pueblo Water Resources 
Department will administer water rights and oversee the management and 
protection of Pueblo water resources and water rights. Funds are sought 
under the water rights settlement to maintain a Pueblo Water Resources 
Department through a trust fund and to complete specific capital 
projects and studies that will assist in properly administering and 
managing water rights including development of a Tribal Water Code.
5. Multi-Use Water Development
    The Settlement will provide the Pueblo with an additional quantity 
of water based on the historically irrigated acreage (HIA) water right 
claim separate from the FUA project water rights. These rights are 
based on irrigation, but will likely not be used for agriculture and so 
are known as ``Multi-Use Water'' in the settlement. In addition, the 
Settlement will provide an additional amount of water known as 
``Remaining Water'' to the Pueblo. A quantification of these two 
additional water rights is provided in the settlement. Together, these 
two additional rights represent the domestic, commercial, municipal and 
industrial (DCMI) water rights of the Pueblo. A portion of these water 
rights will be used to meet the future domestic water supply demands of 
the Pueblo.
6. Stockwater Facilities
    The Pueblo intends to establish new, and rehabilitate existing, 
stock watering facilities on the Reservation. The proposed settlement 
includes three categories (ponds, springs and wells) of water rights 
for livestock and wildlife. Costs for development are included in the 
Settlement for all three categories of livestock water rights. An 
inventory of stockwater facilities was performed by the Pueblo and the 
results indicate that there are 22 springs, 48 ponds, and 18 wells on 
the Reservation that service livestock. Costs for a single spring, 
pond, and well are shown in the settlement agreement.
7. Canon Area Land Acquisition
    The Pueblo has had periodic conflicts with upstream water users 
near Canon who share use of the Jemez Pueblo West Side and East Side 
canals (historic Pueblo ditches). The Pueblo desires to purchase the 
lands and associated water rights for these lands to alleviate any 
future conflicts over access, ingress and egress issues. Funds are 
proposed as part of the water rights settlement to acquire lands and 
water rights adjacent to the Pueblo ditches and around the Jemez River.
    For the purpose of estimating costs, it was assumed that the Pueblo 
would acquire all lands that are currently designated as agriculture 
lands. Land acquisition costs were based on a February 2011 appraisal 
study for the San Ysidro Ditch easement completed by Deborah Lewis at 
the BIA Regional Office and indexed to 2021 values using the Bureau of 
Reclamation land value index for New Mexico. Information provided in 
the appraisal report indicated a range of land values. Developed 
(leveled, cleared, planted) farmland is estimated to have a value of 
$24,760 per acre based on information included in the appraisal study.
    Water rights acquisition costs were based on a November 2007 
article by F. Lee Brown for the New Mexico Water Resources Research 
Institute. In this article, Brown provides a price range of $20,000 to 
$35,000 per acre-foot for the purchase of water rights in the Middle 
Rio Grande Basin (upper basin use area). A separate 2006 article by 
Thomas C. Brown assesses water markets in the western United States and 
establishes an annual rate of increase of about 1.28 percent based on 
the median price of water (for all uses) between 1990 and 2003. 
Applying this rate to the 2007 water rights prices per acre-foot 
results in a value of $35,837 per acre-foot in 2021.
    To ensure that the Pueblo will be able to avoid conflicts that may 
develop with any other landholders in the vicinity of the Pueblo's 
projects, the Pueblo will require funding for the purchase of an 
additional 300 acres of land plus appurtenant water rights at a 
consumptive irrigation requirement (CIR) of 2.0 afy/ac. This 
acquisition cost totals to approximately $28,930,200.
8. River Improvement Projects
    The Jemez River is an important natural and cultural resource for 
the Pueblo, and the Pueblo is committed to maintaining the ecological 
health and function of the River into the future. Funds are sought by 
the Pueblo to complete stream restoration projects on the Reservation.
    Activities would include stabilization of the Jemez River channel; 
removal of tamarisk, Russian olive, and other invasive tree/shrub 
species; re-vegetation of the riparian corridor with native species; 
and performing geomorphology and ecological resource studies associated 
with the river. It is estimated that there are 8.5 river miles to be 
addressed with the funds, stretching from the West Main/East Side 
diversion dam in Canon to the Highway 4 bridge just north of San 
Ysidro. The total cost of stream restoration projects is estimated at 
$10,710,000.
9. Pipeline to San Ysidro Parcel
    The Jemez Pueblo plans to commercially develop approximately 95 
acres of land south of San Ysidro that are owned by the Pueblo in fee 
and formerly known as the lands of Frederick Fiber. The land is made up 
of four parcels bounded by Highway 550 on the west and on the east by 
Zia Pueblo Reservation land. In order to supply the area with water (95 
afy), a pipeline was designed to deliver water from multi-use wells 
planned for construction east of the Pueblo Village. The pipeline is 
gravity flow and travels a distance of approximately 32,620 feet (6.2 
miles) including connection to the multi-use wellfield and generally 
following Highway 4 and 550.
    The total settlement cost includes the total capital cost of the 
project as well as funding for 50 years of operational costs, which is 
estimated at $4,498,000 using the 10-year nominal discount rate of 0.8 
percent from OMB Circular A-94-C (2021) as recommended by the 
Department of Agriculture's Natural Resources Conservation Service.
Settlement Benefits
    The Settlement brings long overdue investments in infrastructure to 
our Pueblo. The Settlement Agreement will provide federal funds to the 
Pueblo for costs associated with irrigation infrastructure 
improvements, water and wastewater infrastructure improvements, 
watershed protection, water-related Pueblo community welfare and 
economic development, and costs relating to implementation of the 
Agreement.
    The economic development opportunities will be enhanced by the 
development of domestic water and sewer systems in the Pueblo's 
commercial area. The Pueblo's Visitor Center and convenience store are 
located north of the Pueblo in the beautiful Red Rock area, which is 
prime for development but seriously limited due to lack of funding to 
bring a reliable water source to this development area. The settlement 
funding will help us provide the water source. Not only will the 
settlement projects bring income to the Pueblo members but it will also 
bring in gross receipts tax revenues into the tribal government from 
the construction projects, and it will have a state-wide economic 
benefit for other businesses, construction companies and professionals 
that can provide technical services for the Pueblo's projects.
    More importantly, the settlement establishes the rights of the 
Pueblo to use water for its own people and purposes, and provides for 
quantification of Pueblo water rights, reliability of supply, and 
economic development for the Pueblo both now and into the future. It 
protects surface and ground water in the Jemez River Basin for future 
generations while allowing all parties to fully exercise their water 
rights and while addressing impacts on aquifer and surface flows of 
future water development both in the basin and affecting the basin.
Conclusion
    The Pueblo of Jemez has engaged in good faith negotiations for 
nearly forty years to reach this settlement of its water rights in the 
Jemez River Basin. We have invested many, many hours of time and 
resources in these efforts. We are not a wealthy Tribal government nor 
wealthy people; we do not have a casino or vast energy resources. We 
know that water is the key to our long term health and stability. We 
have worked in good faith to have our water rights confirmed, and we 
need your help to ensure that we will be able to use our water to 
secure the future for our tribal members, to accommodate future growth 
of our population, and to realize the full economic potential of our 
Reservation. We ask that this Committee do everything in its power to 
move swiftly towards passage of S. 4896, the Pueblos of Jemez and Zia 
Water Rights Settlement Act of 2022, so that we may achieve these 
goals.
    Thank you for the opportunity to testify before you today. I will 
be pleased to answer any questions you may have.

    Senator Murkowski. Thank you, Governor.
    We now turn to Governor Galvan. Welcome.

   STATEMENT OF HON. GABRIEL GALVAN, GOVERNOR, PUEBLO OF ZIA

    Mr. Galvan. Good afternoon, Chairman Schatz, Ranking Member 
Murkowski, and members of the Committee. I am Gabriel Galvan, 
Governor of Zia Pueblo. On behalf of the Pueblo, I want to 
extend my sincere thanks to you and the Committee for 
scheduling this hearing.
    The pending settlement of the Pueblo's water rights in the 
Jemez River basin has been four decades in the making, and its 
ratification by Congress is of enormous importance to my 
community and its future. It will usher in what I sincerely 
believe will be a new chapter for our Pueblo, allowing us to 
protect our community and environment, plan and grow in a 
sustainable manner, and to effectively deal with the impacts of 
climate change on our limited water resources.
    Zia's history is a saga of tragedy and resilience. The 
Pueblo is located approximately 30 miles northwest of 
Albuquerque. Our village has been in its present location since 
the 1300s, adjacent to the Jemez River, the only significant 
stream on our Pueblo. We survived the Spanish occupation, but 
just barely. And the era of United States sovereignty did 
little to improve our lot, until recently.
    By the end of the 19th century our population had dwindled 
from several thousand to less than 100, prompting an 
anthropologist studying us at the time, to predict the 
extinction of our Tribe within a few decades. But we not only 
persevered in the face of great odds, we came back.
    Today Zia has a population of over 800, a reservation 
comprised of approximately 160,000 acres, and a strong, unique, 
and vibrant culture. We are the proud creators of New Mexico's 
state symbol, known as the Zia Sun Symbol.
    Our Pueblo has a tradition of strongly encouraging self-
sufficiency. Most of us hunt, gather, cultivate crops, and 
raise cattle, just as our ancestors have for centuries. We also 
utilize our lands and resources to generate much-needed income 
for our Tribe. We are not a gaming tribe, and our primary 
source of tribal income are royalty payments from a gypsum mine 
and a right-of-way fee.
    Currently, the only private employer on our reservation is 
a processing plant that produces organic soil supplements and 
which employs 17 tribal members. But their facility cannot 
expand as its owner plans, because the current water supply is 
non-potable. We need a modern water supply system to attract 
more private businesses.
    Though our land base is substantial, our agricultural lands 
are limited to about 1,100 acres. These lands are located in 
the lower region of the Jemez River basin, downstream from non-
Indian communities and Jemez Pueblo. Consequently, Zia has 
suffered from recurring surface water shortages and has 
suffered shortages more frequently than upstream users. This 
has discouraged many of our farmers from planting.
    In contract to our limited and variable surface water 
supply, Zia has substantial groundwater, particularly in the 
southeastern portion of our reservation. Development of our 
groundwater resources is critical to our goal of growing and 
diversifying our economy and providing for a reliable 
irrigation water system.
    The settlement would comprehensively settle all of Zia's 
water rights claims in the Jemez River basin, both surface and 
groundwater. It would also provide the Pueblo with $200 million 
for various water related projects, including wells, irrigation 
system improvements, improvements to our domestic water system, 
wastewater system improvements, Jemez River restoration work, 
establishing a pueblo water rights department, and making stock 
water improvements.
    Passage of Senate Bill 4896 is critical to the Pueblo's 
efforts to achieve a secure future for the Pueblo of Zia, to 
accommodate the future growth of our population, and to realize 
the full economic potential of our reservation. The Pueblo is 
not aware of any opposition to the settlement, and it is 
strongly supported by non-Indian water users in the basin and 
the city of Rio Rancho and Sandoval County and the State of New 
Mexico, as well as Zia and Jemez Pueblos.
    Thank you for the opportunity to testify before you today. 
I will be pleased to answer any questions you may have and 
respectfully urge members of the Committee to support Senate 
passage of this critical legislation.
    [The prepared statement of Mr. Galvan follows:]

   Prepared Statement of Hon. Gabriel Galvan, Governor, Pueblo of Zia
    Good afternoon Chairman Schatz, Ranking Member Murkowski, and 
members of the Committee. I am Gabriel Galvan, Governor of Zia Pueblo. 
On behalf of the Pueblo, I want to extend my sincere thanks to you and 
the Committee for scheduling this hearing. The pending settlement of 
the Pueblo's water rights in the Jemez River basin has been four 
decades in the making, and its ratification by Congress is of enormous 
importance to my community and its future. It will usher in what I 
sincerely believe will be a new chapter for our Pueblo, allowing us to 
protect our community and environment, plan and grow in a sustainable 
manner, and to effectively deal with the impacts of climate change.
Background on Zia Pueblo
    Zia's history is a saga of tragedy and resilience. The Pueblo is 
located approximately 30 miles northwest of Albuquerque. Our village 
has been in its present location since the 1300s, adjacent to the Jemez 
River, the only significant stream on our Pueblo. \1\ We survived the 
Spanish occupation, but just barely. And the succession of United 
States sovereignty did little to improve our lot, until recently. By 
the end of the 19th century our population had dwindled from several 
thousand to less than 100, prompting Matilda Cox Stevenson, an 
anthropologist studying us at the time, to predict the extinction of 
our tribe within a few decades. We suffered terribly from disease, 
poverty and neglect. \2\ But we not only persevered in the face of 
great odds, we came back. Today Zia has a population of over 800, a 
reservation comprised of approximately 160,000 acres, and a strong, 
unique, and vibrant culture. We are the proud creators of New Mexico's 
state symbol--known as the Zia Sun Symbol.
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    \1\ The Rio Salado flows into the Jemez River within the Pueblo, 
but as its name suggests, when it flows, water is highly saline.
    \2\ Fortunately, we did not lose any of our grant lands, basically 
because as one historian commented ``[t]he lands of the Sia were so 
poor however that when the Pueblo Lands Board undertook a study of land 
problems in 1927 it `found no non-Indian encroachment' upon Sia 
lands.'' (``The Pueblo of Sia, New Mexico,'' Smithsonian Institution 
Bureau of American Ethnology Bulletin, Leslie A. Smith (1962).
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    Our Pueblo has a tradition of strongly encouraging self-
sufficiency, including engaging in all manner of subsistence 
activities. Most of us hunt, gather, cultivate crops, and raise cattle, 
just as our ancestors have for centuries. These activities, given our 
desert environment, require a substantial land area and conservation-
focused management of our resources. The Pueblo has taken steps to 
ensure that all of our tribal members have an equal opportunity to 
utilize these resources, and that no one exploits them. For example, we 
have a grazing ordinance that divides our range lands into units based 
on their carrying capacity. These range units are shared by several 
families who are each permitted to graze up to 20 head of cattle. This 
limitation means that while no one can make a living off of ranching 
alone, all have an opportunity to raise livestock for subsistence and 
additional income. Ranching also reinforces the close connection that 
our members have to the land, and encourages our families to work 
together closely and cooperatively in managing our rangelands and 
livestock.
    Apart from subsistence purposes, we also utilize our lands and 
resources to generate much needed income for our tribe. We are not a 
gaming tribe and our primary source of tribal income is royalty 
payments from a gypsum mine. We also generate modest amounts from cell 
tower leases and right of ways for pipelines and electric transmission 
lines. We have a business lease for a processing plant that produces 
organic soil supplements, and which employs 17 tribal members. And our 
reservation, which is only 45 minutes from downtown Albuquerque, has a 
ruggedly beautiful western landscape, and has become increasingly 
desirable as a filming location, generating sporadic income and short-
term employment opportunities for tribal members. While these 
commercial uses provide our tribal government with limited, but much 
needed, financial resources, we strive to take a balanced approach to 
development, and protect our lands for grazing, cultural activities, 
hunting, recreation, and similar purposes.
Background on the Abousleman Litigation
    The adjudication of the Jemez River basin, in the case known as 
United States v. Abousleman, dates back to June 27, 1983. The 
proceedings initially focused on the determination of historical water 
use by the Pueblos of Jemez, Zia and Santa Ana and the water use and 
rights of the non-Indian parties. The water rights of the non-Indian 
parties have been fully adjudicated subject to a determination of the 
rights of the three Pueblos. The parties were then preparing to 
litigate issues related to the nature and extent of the Pueblos' water 
rights, and how they are to be quantified, when they decided to seek a 
stay of the litigation and began a mediation process. That process 
ultimately failed to produce a settlement and the litigation resumed in 
2012.
    Following a ruling by the District Court that the Pueblos' 
aboriginal rights to water were terminated by virtue of Spanish 
sovereignty over present-day New Mexico, the Pueblos and the federal 
government appealed to the Tenth Circuit Court of Appeals, which 
reversed the District Court. While the appeal was pending, the parties, 
except for Santa Ana Pueblo, resumed settlement discussions, and these 
discussions continued until this past summer when all of the non-
federal parties, except Santa Ana Pueblo, signed the Settlement 
Agreement that S. 4896 would ratify. Santa Ana has chosen to continue 
to litigate its claims, a route that Zia may reluctantly have to return 
to if the settlement is not approved by Congress.
    The settlement is strongly supported by the non-Indian water users 
in the basin (including acequia communities and the City of Rio 
Rancho), Sandoval County (which the basin is within), and the State of 
New Mexico, as well as Zia and Jemez Pueblos.
The Pueblo's Critical need for a Reliable Water Supply and the Water-
        Related Projects that the Settlement Will Provide Funding For
    Though Zia's land base is substantial, we have only a relatively 
small amount of agricultural lands--approximately 1,100 acres. And 
these lands are located in the lower region of the Jemez River basin, 
downstream from non-Indian communities and Jemez Pueblo. Consequently, 
Zia has suffered from recurring surface water shortages, and has 
suffered shortages more frequently than upstream users. While a water 
rotation agreement that was worked out with upstream non-Indian 
communities and Jemez Pueblo in 1996 has helped to mitigate water 
shortages, during periods of drought Zia farmers can experience weeks 
and longer of little or no water. Not surprisingly, recurring water 
shortages have caused a significant decline in the total area farmed at 
Zia. Because of our limited and sporadic surface water supply on the 
Jemez River, our relatively small area of easily irrigable lands, and 
our desert climate, agriculture at Zia has never been conducted on a 
commercial scale. And except for a tribal orchard that is currently 
being developed, we have no plans for commercial agriculture.
    In contrast to our limited and variable surface water supply, Zia 
has substantial groundwater resources, particularly in the southeastern 
portion of our reservation. Thus, two of the key components of the 
settlement are the development of irrigation wells to augment the 
surface water supplies, and improvements to our irrigation 
infrastructure so that water diversion and delivery is more efficient. 
These projects are essential to our goal of restoring our tradition of 
subsistence agriculture. Development of our groundwater resources is 
also key to our goal of growing and diversifying our economy in a 
prudent and sustainable manner.
Key Elements of the Settlement
    The settlement would comprehensively settle all of Zia's federally 
reserved water rights claims in the Jemez River basin, both surface and 
ground water. It would recognize the following water rights for our 
Pueblo:

        1.  a right to divert 3,819 acre feet per year and to 
        consumptively use 1,910 acre feet per year, which right may be 
        satisfied from surface or ground water;

        2.  a right to divert and use 112.5 acre feet per year of 
        groundwater for domestic, commercial, municipal and industrial 
        purposes;

        3.  a right to divert and use 477 acre feet per year for stock 
        water purposes; and

        4.  a right to divert and consumptively use 1,200 acre feet per 
        year of water for economic development purposes.

    All of the Pueblo's water rights will have a time immemorial 
priority and, subject to the approval of the Secretary of the Interior, 
category 1 and 4 water rights may be leased by the Pueblo for a term of 
up to 99 years.
    Finally, Zia will have the right to divert available surface water 
flows to fill and maintain water levels in Zia Lake for irrigation and 
recreational purposes.
    In addition to the above-water rights, the settlement will provide 
the Pueblo with $200 million for various water-related projects 
necessary for the efficient and effective use of this resource, 
including:

        1.  An irrigation water supply augmentation project involving 
        the construction and operation of wells in the immediate 
        vicinity of Zia Lake for use during periods of low surface 
        flows and the rehabilitation of Zia Lake.

        2.  Irrigation system improvements, including renovation of Zia 
        diversion dam, installation of a drip system, and a pipe system 
        to replace open ditches.

        3.  Improvements to Zia's domestic water system, including new 
        production wells, water treatment (arsenic), and extension of 
        water lines to new residential and commercial development 
        projects.

        4.  Wastewater System Improvements, such as replacing aging 
        sewer lagoons with a modern wastewater treatment facility and 
        extending wastewater collection lines to new residential and 
        commercial project areas.

        5.  Necessary Jemez River Restoration projects to stabilize the 
        river channel (which is currently experiencing significant 
        erosion because of the Army Corps of Engineers abandonment of 
        the Jemez Canyon reservoir project) and remove invasive 
        species.

        6.  Establishing and operating a Pueblo water rights 
        department.

        7.  Making Stockwater Improvements, such as constructing new/
        additional stock wells and ponds for better rangeland 
        utilization.

Conclusion
    Passage of S. 4896 to ratify the settlement of our Jemez Basin 
water rights is critical to the Pueblo's efforts to achieve a secure 
future for the Zia people, to accommodate the future growth of our 
population, and to realize the full economic potential of our 
Reservation. Zia has come a long way from the threat of extinction 125 
years ago, but still faces significant challenges in creating a 
homeland for future generations and dealing with the climatic 
uncertainties facing the basin. Providing for a secure and sustainable 
water supply will help us to become economically self-sufficient, and 
will allow us to restore our proud tradition of subsistence agriculture 
and preserve our lands for generations to come.
    Thank you for the opportunity to testify before you today. I will 
be pleased to answer any questions you may have, and respectfully urge 
members of the Committee to support Senate passage of this critical 
legislation. *
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    * The attachment to this prepared statement has been reviewed and 
retained in the Committee files.

    Senator Murkowski. Thank you, Governor.
    Next, Governor Vicente, welcome to the Committee.

  STATEMENT OF HON. RANDALL VICENTE, GOVERNOR, PUEBLO OF ACOMA

    Mr. Vicente. [Greeting in Native tongue.] Madam Chair, Vice 
Chair Murkowski, Chairman Schatz, and members of the Committee, 
thank you for this time with us today.
    My name is Randall Vicente, Governor for the Pueblo of 
Acoma. I am here with other tribal leaders from New Mexico. 
Together we stand united with the Pueblo Laguna, the Acequias, 
the Community Ditches of the Rio San Jose Basin and the State 
of New Mexico in full support of S. 4898.
    With its passage, Congress will give my pueblo an adequate 
water supply for the first time in 100 years. The legislation 
pending before you is extremely important to my people. We are 
in dire need of adequate water. The streams, aquifers, and 
streams that once fed the Rio San Jose, the life blood of our 
communities, and supported our agriculture lifestyle, has been 
severely impacted and in some cases, devastated.
    We strongly believe that the actions and the failures of 
the Federal Government over the past century and a half have 
contributed greatly to the extreme water shortage that 
currently exists in Acoma.
    My people settled in places along the Rio San Jose long 
before the arrival of Europeans. We built our homes, raised our 
families, grew our crops, lived off the river. Our spiritual 
beliefs, songs and cultural ways reflected the landscape. Know 
that we are an ancient people. We have rituals that are 
hundreds, if not thousands of years old, and ceremonies that 
date back to our beginning.
    To that time, we believe we emerged from the center place, 
a place we call Shipapu. We came into the world with a plan. We 
came with all that was necessary for us to survive. We emerged 
into this world accompanied by our deities, along with all of 
the things when we emerged.
    We began our journey in a place that will become a part of 
who we are, a place prepared, a place that will reflect our 
world view, a place we call Haak'u. Know that our spirituality 
is intimately tied to the land. We define ourselves according 
to geologic formations and visible sightings. Our faith is tied 
to the springs, valleys, and mesas that reflect the expanse of 
who we are as Acoma people. That includes the Rio San Jose.
    At this point in our history, our river has been subjected 
to a legacy of contamination and dewatering upstream from our 
communities. Contamination is a result of decades of uranium 
mining and milling in an industry created and supported by the 
Federal Government. We are suffering from years of contaminants 
seeping into our groundwater. Our springs are running dry, and 
the aquifers need recharging.
    Climate change and severe drought conditions have reduced 
the snowmelt and contributed to declines in the water levels. 
Aquifers are no longer recharged. Access to a fresh water 
supply at this time is paramount. Only Congress can make this 
happen.
    Know that the Rio San Jose once flowed rich with wildlife. 
Children in our villages played and swam in the deep, flowing 
river. Men in our villages used it to water farm and irrigate 
their fields. In fact, whole farming communities grew up along 
the Rio San Jose. Corn fields, alfalfa fields, and orchards 
were a common sight on both banks. Religious leaders attached 
ceremonial significance to our river as it wove its way across 
our traditional homelands.
    Today the water flow is dramatically reduced. The watershed 
has been severely impacted by those upstream. Acre feet that 
are now entitled to what was unprotected by the Federal 
Government for over a century, now we look at a river and 
remember what was, not the shallow, barely flowing stream of 
today, depleted of water. Only Congress can right those wrongs.
    Acoma has been engaged in the battle over the water and 
water rights for more than 40 years. We finally reached a 
settlement with all the local parties, including the State of 
New Mexico, other tribes, neighboring towns, and the Acequias.
    The legislation is the result of delicate negotiations. It 
will establish Acoma's legal right to water along with a 
reliable water supply and protect water users in the region. 
Acoma faces a future where water supplies are far from certain. 
However, this legislation will allow water planning over the 
long term and ensure a sustainable water future for my people.
    We urge your support for S. 4898. Thank you, Chairman, 
Madam Vice Chair. [Phrase in Native tongue.]
    [The prepared statement of Mr. Vicente follows:]

 Prepared Statement of Hon. Randall Vicente, Governor, Pueblo of Acoma
    The Pueblo of Acoma (``Acoma'' or ``Pueblo'') strongly supports S. 
4898 because, if enacted, Acoma and its neighbors will have the 
resources to determine the region's water future and create an adequate 
wet water supply for the Pueblo for the first time in a hundred years. 
This legislation is the culmination of a decades long process to 
address critical water shortages for all water users in the basin, an 
area that's one of the most water-short places in the State of New 
Mexico. The Pueblo believes it will not only be able to survive, but 
also thrive, along with its neighbors, with the passage of this 
legislation. This settlement addresses the claims made by the United 
States on behalf of the Pueblos of Acoma and Laguna in State ex rel. 
State Engineer v. Kerr-McGee, et al., a basin-wide adjudication of 
surface and ground water rights in the Rio San Jose Stream System. \1\ 
In the course of negotiations with other water users, the Pueblo of 
Acoma also negotiated its water rights in the adjoining Rio Salado 
Basin to the south, and the Pueblo of Laguna negotiated its water 
rights in the Rio Puerco Basin to the east. It provides a level of 
certainty for all users in a time of growing water scarcity.
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    \1\ The Rio San Jose adjudication involves all surface and 
groundwater users in the system, Parties are presently negotiating 
Navajo Nation claims at this time.
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The Pueblo of Acoma *
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    * The images attached to this prepared statement have been reviewed 
and retained in the Committee files.
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    Sky City, Acoma is the ancestral village and ceremonial heart of 
the Pueblo of Acoma.
    The Rio San Jose Stream System has provided the primary source of 
water for the Pueblo of Acoma for centuries and well before the arrival 
of the first Europeans to this region. You may be aware that Acoma is 
one of the oldest continuously inhabited communities in the United 
States, if not North America. Acoma is located in the high deserts of 
the southwestern United States. In our area, water has always been the 
limiting resource. The average rainfall per year is 7 inches. We are in 
dire need of adequate water. The streams, aquifers, and springs that 
once fed the Rio San Jose, the life blood of our communities and 
support for our agrarian lifestyle, has been decimated over the last 
one hundred and sixty years due to the actions and the failures of the 
federal government. Today Acoma faces extreme water shortages.
    The Acoma People settled at places along the Rio San Jose, long 
before the arrival of Europeans and some other tribal people. Our 
spiritual beliefs, songs and cultural ways reflected the landscape. 
Know that we are an ancient people. We have rituals that are hundreds, 
if not a thousand years old, ceremonies that date back to our 
beginning--to that time when we believe we emerged from that center 
place, a place we call Shipapu. We came into this world with a plan. We 
came with all that was necessary for us to survive. We emerged into 
this world accompanied by our Deities along with all living things and 
when we emerged, we began our journey in search of a place that would 
become a part of who we are, a place prepared, a place that would 
reflect our worldview, Haak'u, ``the place prepared.''. That place is 
Acoma.
    Our spirituality is intimately tied to the land. We define 
ourselves according to geologic formations and visible sightings. \2\ 
Our faith is tied to the springs, valleys, mountains, and mesas that 
reflect the expanse of who we are as Acoma People and that includes the 
Rio San Jose. Know that the Rio San Jose once flowed rich with 
wildlife. We built our homes, raised our families, grew our crops, and 
lived off our river. Children in our villages played, fished, and swam 
in the deep flowing, waters. Men in our villages used the water to farm 
and irrigate their fields--in fact, whole farming communities grew up 
along Rio San Jose. Corn fields, alfalfa fields, and orchards were a 
common sight on both banks.
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    \2\ This has been documented in Dittert and Bibo, Topographic 
Features of the Pueblo of Acoma Land Claim 1952.
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    BIA 1918 Planting Report for Acomita: ``Increased acreage of wheat. 
Three miles of ditch built by Indians 80 acres additional in 
cultivation'' Acres cultivated 1,625 acres: Alfalfa 122, Beans 14, Corn 
720, Garden truck 40, Oats 4, Orchard 20, Wheat 705.''
    BIA 1926 Crop Report for Acomita: 2,000 bs of apples & peaches of 
very good quality.
    Religious leaders attached ceremonial significance to the river as 
it wove its way across our traditional homelands. While these 
ceremonial uses have been threatened over the past one hundred and 
fifty years due to low flows in the river, Acoma is not asserting any 
monetary liability associated with any temporary loss, for these uses 
which remain a vital part of Acoma culture today, and Acoma's right to 
continue those uses cannot be extinguished through any kind of monetary 
payment.
The Hydrology Of The Rio San Jose Stream System
    The Rio San Jose Stream System in the absence of human activity is 
a fragile, dynamic ecosystem in an arid high desert environment. Today 
it is by far one of the most water-short river basins in New Mexico. 
Water begins its journey to the river as winter snow on the Zuni and 
San Mateo mountains, the latter of which includes Mount Taylor, a 
registered cultural property of Acoma and Laguna Pueblos. Snowmelt and 
summer monsoon rains feed both surface water and ground water aquifers. 
A network of faults related to volcanism around Mt. Taylor adds 
complexity to the regional hydrology of the basin. \2\ The faults send 
groundwater to the surface forming springs such as Ojo del Gallo and 
Horace Springs. The primary aquifer to provide surface flow is the San 
Andres-Glorieta Aquifer. West of Ojo del Gallo, it is near the surface, 
below the alluvium. At the fault, it plunges 2,000 feet underground. At 
the fault, significant flows produced Ojo del Gallo and fed the 
alluvial aquifer of the Rio San Jose, and at a constriction in the 
bedrock, produced Horace Springs on the western boundary of the Pueblo 
of Acoma Grant. Other aquifers higher on Mount Taylor are also fed by 
snowmelt and monsoon rains. These aquifers discharged into the stream 
system as well, creating the surface water flows in tributaries such as 
Rinconada Creek that fed into the Rio San Jose as it flowed across 
Acoma and Laguna Pueblos.
Acoma Water Use Prior to U.S. Sovereignty
    Prior to United States' sovereignty over the region, the Rio San 
Jose supplied enough water for the Pueblos of Acoma and Laguna to not 
only survive, but to thrive. There is a wealth of archaeological 
evidence that Acoma has been irrigating its lands for at least 1,000 
years. During times of low flow, Acoma employed walk-in wells to reach 
groundwater that was used to for domestic needs and to hand water 
gardens, and also directed modest ephemeral surface flows to crops that 
needed it. The first written record to describe Pueblo irrigation in 
the area now known as New Mexico describes Acoma Pueblo irrigating from 
the Rio San Jose in 1583. \3\ While there were small communities 
established by Spain and Mexico that could interfere with Pueblo uses 
on one of the smaller tributaries of the Rio San Jose, there were no 
mainstem upstream users prior to United States acquisition of the 
territory. \4\ In State ex rel. State Engineer v. Kerr-McGee, et al., 
the Court found as follows:
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    \3\ Hammond, George P. and Agapito Rey, Expedition into New Mexico 
Made by Antonio de Espejo, 1582 to 1583, Vol. 1 of the Quivera Society 
Publications, Los Angeles: 1929 at p. 87, See, also Herbert Eugene 
Bolton, ed. Spanish Exploration in the Southwest, 1542-1706, New York: 
Scribner's Sons, 1916, pp. 182- 183. Cutter, Charles, Water Use in the 
Rio San Jose Watershed: Acoma, Report prepared for U.S. Dept. of 
Justice, Oct. 1, 2003, p.4.
    \4\ The Cubero Land Grant was established in the Mexican period 
(1833) to the north of the Pueblo of Acoma. Report to Congress--the 
Treaty of Guadalupe-Hidalgo--Definition and List of Community Land 
Grants in New Mexico, U.S. General Accounting Office (2001) p.9. The 
community ditch or acequia for Cubero Land Grant is a party to the 
settlement.

         Here, the undisputed evidence is that the Lagunas and Acomas 
        had possession, occupancy, and beneficial use of land and water 
        prior to the arrival of Europeans in the mid-16th Century. 
        Indian title to the land was recognized and confirmed by the 
        Spanish Crown and, similarly, the validity of Indian title was 
        recognized by the Mexican Government. Neither Spain nor Mexico 
        sought to divest the Acomas or Lagunas of any right, title or 
        interest to the Pueblo lands. ). State ex rel. State Engineer 
        v. Kerr-McGee Corporation, et al., Special Master's Report and 
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        Recommendations, November 5, 1992 .p. 40.

         On the basis of the record in this proceeding, the Acomas and 
        the Lagunas did indeed, acquire[d] aboriginal title. An 
        aboriginal title is superior to that of any third person[.]'' 
        Id. pp. 43-44. \5\
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    \5\ The District Court adopted the Special Master's recommendation 
that the Pueblos have aboriginal water rights that were not 
extinguished by Spain or Mexico. New Mexico ex rel. Martinez v. Kerr-
McGee Corp., Nos. CB-83-190-CV and CB-83-220-CV (consolidated) (N.M. 13 
Jud. Dist..) Order and Judgment Adopting Special Master's Report and 
Recommendations and Denying Motions for Reconsideration (May 18, 1993). 
This holding was not appealed to the New Mexico Court of Appeals. See 
State ex rel. Martinez v. Kerr-McGee Corp, 898 P.2d 1256, 120 NM 118, 
127 (N.M. Ct. App. 1995) cert den'd 120 N.M. 68, 898 P.2d 120 (1995).

    When this matter was before the New Mexico Court of Appeals, that 
court confirmed these findings that Acoma still retained its time 
immemorial water rights to all lands within the Pueblo of Acoma Grant 
as approved by Congress pursuant to the 1858 Act. \6\ The United 
States, the State of New Mexico, Acoma and the parties to the 
settlement agree that Acoma's aboriginal water right was sufficient 
water to irrigate 1,870 acres of land with delivery of 5,610 acre-feet 
per year (``afy''), domestic rights of 693 afy and recognized the 
Pueblo's right to uses for uses. \7\
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    \6\ Id. In the Act of July 22, 1854, 10 Stat. 308, Congress 
established the Office of the Surveyor General of New Mexico, Kansas, 
and Nebraska. The Act directed the Surveyor General to report on lands 
held under Mexican law, with particular reference to Pueblos' holdings. 
Congress confirmed Acoma's aboriginal title to lands and waters in the 
Confirmation Act of 1858, Act of December 22, 1858, ch. 5, 11 Stat. 
374.
    \7\ 1,870 acres, consisting of 1,275 acres with points of diversion 
from the Rio San Jose mainstem; 265 acres with points of diversion from 
Rinconada Canyon,163 acres with points of diversion from San Jose 
Canyon and 167 acres with points of diversion from the Acoma Grant 
south of main stem. These figures aret a compromise. Data produced by 
United States. and Pueblo experts show that Acoma likely irrigated 
2,500--2,700 acres in the Rio San Jose Valley. Keller-Bliesner Water 
Use Survey 2003, Prepared for U.S. Dept. of Justice (2,542.35 acres 
irrigated); Natural Resources Consulting Engineers, Inc., Summary of 
Past and Present Water Uses of Acoma Pueblo--New Mexico State Engineer 
v. Kerr McGee, 2005, p. 4 (2715.6 acres irrigated).
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Destruction of the Water Supply
The Creation of Fort Wingate, 1862
    Today the primary sources of water in the Rio San Jose are very 
few. Spring flow discharged from the San Andres-Glorieta aquifer. That 
aquifer and the aquifers that form Mt. Taylor have been mined so that 
most have gone dry. Only one spring, known as Horace Springs, 
contributes to the Rio San Jose so that a dwindling trickly slowly 
flows across the Pueblo. Now, some 80 years later, the flow from the 
spring has dropped dramatically to as low as 1.8 cubic feet per second 
(``cfs'') or 1,304 afy and rarely reaches 3 cfs, or 2,173.34 afy. 
Historically the Rio San Jose's flows at Horace Springs were much, much 
greater, at least 14 cfs, or 10,142,27 afy. For the Ojo del Gallo 
parciantes on the acequia south of Grants, no water has flowed from Ojo 
del Gallo spring for decades. Also, because of climate change and long-
term drought, snow melt from the Zuni and San Mateo Mountains is now 
significantly reduced limiting flows into Bluewater Lake.
    The drop in snow melt has also contributed to reduced water levels 
in streams and aquifers.
    Beginning in 1862, with the establishment of Fort Wingate by the 
United States Army on Acoma aboriginal lands, the United States was 
responsible for the diversion of Ojo del Gallo spring flow that 
provided approximately one-third to one-half of the surface water 
supply to the Pueblo of Acoma, with the knowledge that Acoma used this 
water. After the Fort was moved west to its present location near 
Gallup, New Mexico, the United States did not act to return the spring 
flow to the Rio San Jose, or prevent others from using it, despite 
knowledge that the Pueblo relied on the flows. It was known to be one 
of the most productive springs in the region. Even without those flows, 
Horace Springs was producing 10 cfs or 7,244.47 afy, about half the 
pre-U.S. flow.
Allowance of Bluewater Dam and the Bluewater-Toltec Irrigation District 
        Without Enforcement of Pueblo Senior Water Rights
    In the late 1890's homesteaders upstream from Acoma attempted to 
dam Bluewater Creek, the major tributary of the Rio San Jose. By the 
1920s, the backers of the dam created the Bluewater Dam (``Dam'') and 
Bluewater-Toltec Irrigation District (BTID) that cut off significant 
upstream flows, even though the flow would never be enough to supply 
all of the land within the BTID. Originally meant to service 2,000 
acres of land for irrigation it grew to much greater acreage with the 
building of the significantly larger Bluewater Dam in 1927.
    When the farmers in the BTID could not get water from the Dam to 
irrigate up to 5,488 acres, they turned to groundwater after the 
introduction of the submersible pump in the 1950s, receiving 
authorization from the New Mexico State Engineer to drill supplemental 
wells. Those wells tapped the San Andres-Glorieta aquifer. This 
groundwater use siphoned off water that would have flowed as surface 
water in the Rio San Jose across the Pueblo due to the hydrology of the 
basin. Over time, the flow of the Rio San Jose at Horace Springs 
decreased to between 5 and 6 cfs.
    The United States, while aware that the Dam was interfering with 
Pueblo water use, ultimately did nothing despite repeated Pueblo 
objections. Attorneys for the Pueblo appointed by the United States 
initially preferred to believe the backers of the Dam who disclaimed 
any effect on Pueblo water or tried to placate the Pueblo with the 
notion that federal legislation, what eventually became the Pueblo 
Lands Act of 1924, would resolve the problem. In the 1930s, the Bureau 
of Indian Affairs (BIA) suggested that the United States actually 
purchase lands in BTID to free up water for the Pueblos. This was 
rejected by the Washington D.C. leadership of the BIA. After the United 
States finally requested a release of stored water from the Dam for the 
Pueblos in the 1940s, it took no action to actually enforce the 
Pueblos' right to water when the BTID declined the request, although 
BTID was on notice that the United States would not look favorably on a 
denial of water to the Pueblos. The United States. may have been upset 
with BTID, but it did nothing.
    The United States did nothing to stop the drilling of supplemental 
wells that tapped the San Andres-Glorieta Aquifer which provides the 
lion's share of surface water through the Pueblo. Acoma strongly 
objected to this groundwater pumping as a means of supplementing 
inadequate surface flows for BTID farmers, and that was duly noted by 
William Brophy, Special Attorney for the Pueblos. On March 30, 1949, 
Governor Julian Chino of Acoma wrote to the BIA stating that the Pueblo 
was worried about the water situation in the Rio San Jose: ``It is 
getting low; not enough to irrigate farms because on Bluewater area 
wells are being drilled. What can be done to help us?''. In May of 
1949, the Superintendent of the BIA United Pueblos Agency wrote to 
Brophy about Acoma's concerns.

         Some time ago I sent a memorandum to Mr. Boldt about the 
        concern of the Acoma Pueblo about the underground water in the 
        vicinity of Acoma. .I have discussed this problem of trying to 
        control the drilling of wells, etc. in the Bluewater area with 
        several people, but somehow I can't get anything definite as to 
        what I should do to try to control it. \8\
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    \8\ General Superintendent to William A. Brophy, Special Atty for 
the Pueblo Indians and Eritc T. Hagberg, November 29, 1949.

    The United States' response was to express concern but do nothing 
to defend the Pueblo's right to water. Handwringing and commiseration 
does not water crops needed for survival.
    Even when Congress enacted the Pueblo Lands Act in 1924 to enable 
the replacement of Pueblo land and water due to the past failure of the 
United States to protect Pueblo rights, no action was taken to replace 
what Acoma had lost through these trespasses to its water rights. \9\ 
Yet reports of the Pueblo Lands Board pursuant to the 1924 Act alerted 
the Attorney General of the United States to the trespasses occurring 
on Pueblos' water rights, and the need for action to protect against 
such trespasses. For example, one of the Board's reports on the Pueblo 
of San Ildefonso stated:
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    \9\ The Pueblo Lands Act of 1924 (Act of June 7, 1924, 43 Stat. 
636, Ch. 331) created the Pueblo Lands Board which was tasked with 
reporting on land and water use on Pueblo lands by non-Indians. The 
Board believed that absent loss of land, the right to water was not 
lost and need not be replaced, just enforced.. See, Report No. 2 for 
Pueblo of San Ildefonso. In 1931, congressional hearings were held on 
the operations of the Pueblo Lands Board. Survey of Conditions of the 
Indians in the United States, Hearings Before Subcommittee on Indian 
Affairs, United States Senate, Pueblo Lands Board, Part 20, United 
States Printing Office, 1932. No compensation was awarded for trespass 
to water rights absent loss of land. Acoma did not lose any land, so no 
compensation was awarded for its loss of the use of water due to 
upstream. See Act of May 31, 1933, 48 Stat. 108.

         Fifth--That it is the duty of the United States as guardian of 
        these Pueblo Indians, to assert and define these principles and 
        to take such action, legal or otherwise, as will prevent the 
        use of the waters of these streams by other than Indians to any 
        greater extent than is consistent with such principles so 
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        announced. . .

         [W]e believe that the matter of the Indians' water priorities 
        should be brought to an issue by the Government as soon as 
        possible. What might be done, it would seem is to determine 
        definitely how much water the Indians need to properly irrigate 
        the lands they now have under irrigation, or would cultivate if 
        they had the water for it, then see to it that the ditches 
        serving these lands are in proper condition; then serve notice 
        on all non-Indian users above any of these Indian lands that 
        they are entitled to no water, except such surplus as there may 
        be after the Indians' needs are sufficiently provided for. This 
        would probably necessitate Government ditch riders with power 
        to see to it that the Government's orders are enforced. If such 
        orders were resisted, the matter could then be tested out by 
        adequate court action and that might reasonably be expected to 
        result in definite arrangements whereby all the water (or so 
        much of it as might be required) should be allowed to flow to 
        Indian lands for defined periods. \10\
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    \10\ Survey of Conditions of the Indians in the United States, 
Hearings Before Subcommittee on Indian Affairs, United States Senate, 
Pueblo Lands Board, Part 20, United States Printing Office, 1932, 
10977-78.

    Despite this clear directive in 1929, the United States did not 
take action to restore Acoma's water rights until 1982 when the United 
States belatedly filed an action against the BTID for trespass to the 
water rights of Acoma and Laguna Pueblos. The history of the litigation 
is discussed in United States v. Bluewater-Toltec Irrigation Dist., 530 
F.Supp. 1434 (D.N.M. 1984) (``Bluewater-Toltec''). The United States 
sought declaratory relief for both the priority and quantity of Acoma's 
and Laguna Pueblos' water rights, as well as damages and a permanent 
injunction on a trespass theory against the Irrigation District and its 
members. \11\ After several procedural disputes, the federal court case 
was dismissed so the Pueblos' water rights would be quantified in the 
state court adjudication. \12\ However, the Court was careful to 
dismiss without prejudice so trespass claims asserted against the BTID 
and other non-Indian water users could be determined after the Tribal 
water rights were quantified. \13\ This ruling preserved the damages 
claims based on trespass to Pueblo water rights. Therefore, the 
trespass claims that were made in the federal court action will only be 
resolved through this legislation. If the settlement agreement is not 
authorized through this legislation, these claims remain to be 
resolved.
---------------------------------------------------------------------------
    \11\ The complaint explicitly stated that it did ``not seek a 
general stream adjudication to determine the full extent of the 
Pueblos' rights to the use of the Rio San Jose, its tributaries and the 
underlying groundwater basin.'' United States v. Bluewater- Toltec Irr. 
Dist., 580 F.Supp. 1434 at 1427-38 (D.N.M. 1984); aff'd 806 F.2d 986 
(10th Cir. 1986).
    \12\ ``The court holds that the state court actions are 
sufficiently comprehensive to withstand the United States' motion to 
dismiss based on a failure to name all claimants and Indian sovereign 
immunity. There is a want of federal jurisdiction, however, over the 
removed action. But even if removal jurisdiction could be sustained on 
a federal question theory, the removal of these state court actions 
would be defective because all defendants did not join in the removal 
petitions. After a review of this water litigation, the court concludes 
that the federal action should be deferred in favor of a general 
adjudication of the Rio San Jose in state court.'' 580 F.Supp at 1437.
    \13\ ``That general adjudication will have a profound effect on the 
nature and extent of any claims made by the United States. A general 
adjudication involving some 1600 claimants will take years to complete. 
It serves no good purpose for this unfocused federal trespass action to 
linger while the general adjudication proceeds. Once the general 
adjudication is completed, or it there should be ``a significant change 
in circumstances,'' the United States may resort to federal court.'' 
580 F.Supp at 1447.
---------------------------------------------------------------------------
    Today, forty years since the filing of the trespass action, and 
more than 90 years after the construction of the Dam, the United States 
has not acted to limit the use of surface or groundwater by the BTID or 
other users so as to provide the Pueblos with an adequate water supply. 
\14\
---------------------------------------------------------------------------
    \14\ Acoma's 1951 petition for compensation for land and water 
before the Indian Claims Commission (Pueblo de Acoma v. United States 
of America, Docket 266, 18 Ind. Cl. Comm. 154 (1967)) did not resolve 
the question of United States liability with respect to Acoma's 
depleted water supply due to the Bluewater dam. See, Order Amending 
Findings of Fact and Opinion, 19 Ind. Cl. Comm., 152, May 2, 1968. The 
settlement of that litigation did not affect Acoma claims to water to 
irrigate its grant lands. See State ex rel. Martinez v. Kerr-McGee 
Corp, 898 P.2d 1256, 120 NM 118, 127 (N.M. Ct. App. 1995) cert den'd 
120 N.M. 68, 898 P.2d 120 (1995).
---------------------------------------------------------------------------
    Ojo del Gallo, 1950s, after depleted due to upstream pumping of San 
Andres Glorieta Aquifer beginning in 1940s. This spring went dry by 
1960.
    From 1952 Dittert and Bibo ``Topographic Features of the Acoma Land 
Claim (submitted to Indian Claims Commission in Pueblo de Acoma v. 
United States, Docket 266).
The Uranium Boom--1950 to 2019
    The search for uranium has been the only United States government--
induced, government maintained, government- controlled mining boom in 
this nation's experience. For the ore pouring from the mines of the 
western deserts and mesas there is but one important purchaser--the 
Atomic Energy Commission; but one prime destination--the weapons 
arsenal of the United States; and but one price--that established by 
the government. \15\
---------------------------------------------------------------------------
    \15\ Lang, Herbert, ``Uranium Mining and the AEC: The Birth Pands 
of a New Industry,'' Business History Review, Vol. 36, No. 3 (Autumn 
1962), p. 325.
---------------------------------------------------------------------------
    When the United States lit up the New Mexico desert with the 
detonation of the first atomic bomb, it set off an arms race now 
referred to as the ``Cold War.'' At the start of the Cold War, the 
United States' government created and fueled demand for enriched 
uranium to supply the nuclear weapons program. The effect on the Stream 
System was profound.
    Groundwater depletions expanded beyond reason in the Atomic Age 
after uranium was discovered in the Grants Mineral Belt upstream from 
Acoma. Uranium mining and milling began within the Rio San Jose Basin, 
at the instigation of, and with the complete backing of the United 
States government, the only purchaser of the processed uranium. \16\ 
The uranium was located in the same rock formations where water was 
stored--aquifers--and that water supplied perennial springs within the 
Basin, many of which contributed to Rio San Jose flows. \17\ These 
aquifers, and those located above them, were dewatered by the mining 
companies to create mineshafts and to facilitate removal of the 
uranium, thereby depleting spring flow contributions to tributary flows 
to the Rio San Jose. The mining companies were not even required by the 
United States or the State of New Mexico to put the water that was 
removed from the aquifers into the Rio San Jose stream system. Instead, 
the water was discharged into an adjoining river basin. In 1980 the New 
Mexico State Engineer estimated that some 40,000 to 50,000 acre feet of 
water yearly were being discharged into the adjoining river basin 
during the due to dewatering activities. At that time it was also 
estimated that by 1987, an aquifer with an estimated annual recharge of 
5,000 afy could have been losing up to 100,000 afy. \18\ Water, along 
with uranium was being mined at an exorbitant rate.
---------------------------------------------------------------------------
    \16\ Alvarez, Robert, ``Uranium and the Acoma Pueblo,'' February 
17, 2020, Appendix ``Purchases of Uranium by the Atomic Energy 
Commission.
    \17\ ``In San Juan, McKinley and Valencia [Cibola] counties, the 
host rock for much of the uranium ore is the Westwater Canyon Member of 
the Morrison Formation. The Westwater Canyon Member is also a principal 
aquifer in the area. Gottlieb, Gail, ``New Mexico's Mine Dewatering 
Act: The Search for Rehoboth'', 20 Nat. Resources J. 653, 1980 (October 
10, 1979). Note that Cibola County was created out of Valencia County 
in 1981.
    \18\ Id., citing S.E. Reynolds, Statement of Mine Dewatering 
presented to the Interim Legislative Committee on Energy and 
Environment of the New Mexico Legislature (Nov.29, 1979) at 1.
---------------------------------------------------------------------------
    The mined uranium ore had to be made into usable uranium--yellow 
cake. This was done at mills located on lands overlying the alluvial 
aquifer in the Stream System. Four uranium mills for creating 
yellowcake were upstream from Acoma: Bluewater Disposal, now known as 
the ARCO site northwest of Grants, Rio Algom (formerly Kerr-McGee and 
Quivira) and Phillips-United Nuclear Corporation in the Ambrosia Lake 
area and one operated by Homestake-Barrick a short distance north of 
Grants. Milling facilities also consumed large amounts of groundwater. 
\19\
---------------------------------------------------------------------------
    \19\ The Bluewater Milling site claims use of 4,000 afy of water, , 
Rio Algom claims use of 9,000 afy and the Homestake Mill site claims 
use of 1,300 afy. Homestake acquired the water rights from irrigators 
in the BTID and transferred the place of use to the mill site. See, 
generally, Records of the N.M. Office of the State Engineer.
---------------------------------------------------------------------------
    With the booming growth of this mining economy, the upstream 
village of Grants, which had a population of 1,347 in 1940 \20\ 
exploded to over 10,000 people in the 1960s. \21\ It relied on the 
increasingly stressed groundwater to supply the exponential growth of 
this community without any protest by the United States on behalf of 
the Pueblos. The population of Grants peaked at 11,439 in the 1980's. 
\22\ Following the collapse of the uranium mining industry when the 
United States removed its price supports, the population began to fall 
and in 2018 was less than 9,000 people. \23\
---------------------------------------------------------------------------
    \20\ R.H. Sears, ``Appraisal Report of the Acoma Pueblo Land, State 
of New Mexico As of 1901-1936'', Prepared for the United States 
Department of Justice (1970) at pp. 81-82
    \21\T3ASee https://population.us/nm/grants/ (citing US 
Census data).
    \22\ Id.
    \23\ Id.
---------------------------------------------------------------------------
    Another off-shoot of the uranium boom was the location of the 
Plains-Escalante Generation Station (PEGS) electricity generation 
facility in the headwater area of the Rio San Jose. Originally 
conceived to power the uranium boom and associated population growth, 
the electric company purchased water rights from the farmers in the 
BTID and those on the Ojo del Gallo Ditch who had supplemental 
groundwater wells to supply most of its water requirements. This 
dewatered the irrigation district through acquisition and transfer of 
multiple agricultural water rights. These rights that were historically 
used only during the growing season, with significant return flows 
downstream became a use that consumed 100 percent of the water 
transferred. \24\ Plains Electric and its successor, Tri-State 
Generation and Transmission Association, Inc. (``Tri-State''), claim to 
have used up to 4,272.13 afy. \25\ Tri-State's water use decreased 
after the decline of the uranium industry in the basin. From 2014 to 
2018, Tri-State reported consumptively using no more than a total of 
5,539.34 acre-feet of water, all mined from the declining San Andres-
Glorieta Aquifer. \26\
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    \24\ The steam generated by the plant was used by a paper mill. It 
is not at all clear that in approving the transfer of these irrigation-
based water rights to an industrial use, the State Engineer actually 
considered that agricultural rights are uses for only the growing 
season and do not consume all water diverted while these industrial 
uses are totally consumptive and are used throughout the year.
    \25\ N.M. Office of the State Engineer, Final Inspection Report of 
Beneficial Use of Underground Waters, File No. B-7 (1-19-2000); File 
No. B87-B-S-2,4,5,6 (1-9-94), File No. 13-5-F, B-44, B-45-X (1-10-89); 
File Nos. B-17, B-18,-19 and B-20 (3-4-86).
    \26\ Smyth, Joe, Coal and Water Conflicts in the American West, 
Energy and Policy Institute, July 15, 2020. https://
www.energyandpolicy.org/coal-water/.
---------------------------------------------------------------------------
    Again, the United States did not limit this large industrial use so 
that prior Pueblo uses could be maintained. Indeed, the approach of the 
United States after an initial challenge was to reserve these issues 
for the adjudication of the Basin--the litigation that is settled for 
the Pueblo with this legislation--rather than pursue an appeal. \27\ 
Tri-State has closed the coal-fired PEGS in 2019, and a potential sale 
or lease to another energy company for hydrogen production has been 
proposed. The new company will likely assert the right to mine large 
amounts of water from the Rio San Jose alluvial aquifer and the San 
Andres-Glorieta Aquifer. \28\
---------------------------------------------------------------------------
    \27\ Monson, Peter C. U.S. Department of Justice, letter dated 
April 29, 1986 to Arturo Ortega and Harold A. Ranquist, counsel for 
Pueblo of Acoma.
    \28\ See https://nmpoliticalreport.com/2021/04/20/the-retired-
escalante-power-plant-may-be-converted-into-a-hydrogen-plant/.
---------------------------------------------------------------------------
    The uranium boom did not just increase depletion of the Rio San 
Jose Stream System. Uranium mining and milling operations generated 
liquid wastes, or effluent. Effluent included process waters from 
unlined on-site ore operations, and uranium milling operations. 
Effluent discharged prior to the establishment of state and federal 
regulations underwent little or no treatment prior to discharge. Runoff 
from contaminated soils and previous untreated discharges continue to 
threaten regional bedrock drinking water aquifers and shallow alluvial 
aquifers connected to San Mateo Creek and the Rio San Jose. Extensive 
mine dewatering during mine operations also created a regionally 
extensive cone of depression into which oxygenated groundwater 
continues to flow. Oxygenated groundwater can dissolve and mobilize 
unmined uranium and other hazardous constituents within the aquifers.
    Decades of uranium milling activity in the region caused widespread 
groundwater contamination in alluvial and other shallow aquifers. \29\ 
According to the U.S. Environmental Protection Agency (EPA) in its 
Grants Mining District, New Mexico 2015--2020 Five-Year Plan to Assess 
and Address Health and Environmental Impacts of Uranium Mining and 
Milling, few of the legacy mines have undergone reclamation. \30\ The 
mills either impounded their effluents, or tailings, in unlined 
evaporation ponds, injected both treated and untreated effluent into 
local groundwater aquifers, or released effluent into San Mateo Creek. 
Tailing seepage has contaminated the Rio San Jose alluvial system and 
the bedrock San Andres-Glorieta aquifer with molybdenum, selenium, and 
uranium.
---------------------------------------------------------------------------
    \29\ The discovery of large subsurface uranium deposits within the 
Jurassic Westwater Canyon Member of the Morrison Formation at Ambrosia 
Lake resulted in the establishment of two-thirds of the active uranium 
mines in New Mexico within the Ambrosia Lake Mining Sub-District by 
1980. See U.S. Environmental Protection Agency, Administrative 
Settlement Agreement and Order on Consent for the San Mateo Creek Basin 
Legacy Mines Sites, Dec. 3, 2019. Ambrosia Lake is in the northwestern 
portion of the Rio San Jose Basin and the adjoining San Juan Basin.
    \30\ As noted on the website, approximately 50 percent of the 
abandoned mines have not yet been located. The New Mexico Mines and 
Minerals Department website contains a map which vividly depicts the 
extent of uranium mining in the Rio San Jose Stream System upstream 
from the Pueblo of Acoma (available at https://www.arcgis.com/apps/
dashboards/91f296cb3ea24f689329eb5075ec3bb7.
---------------------------------------------------------------------------
    Cleanup of contamination has used and continues to use extensive 
water resources. For example, Homestake-Barrick Mining Company (HMC), 
licensed by the Atomic Energy Commission, and now licensed by the U.S. 
Nuclear Regulatory Commission (No. SUA-1471), operated two uranium 
mills from approximately 1958-1990. During operations, approximately 22 
million tons of ore were milled at the site, using a conventional 
alkaline leach process. \31\ This milling activity caused widespread 
groundwater use and contamination of the alluvial and nearby aquifers. 
The mill site was declared a Superfund Site by the EPA and has been in 
reclamation since 1990, following the demolition of the mill. At 
present the contamination plumes from the Atlantic Richfield Company 
mill tailing site and that at the Homestake site are converging. \32\
---------------------------------------------------------------------------
    \31\ EPA Third Five-Year Review Report, Homestake Mining Company 
Superfund Site, (EPA ID: NMD007860935) Cibola County, New Mexico.
    \32\ U.S. DOE Legacy Management Report: Evaluating the Influence of 
High-Production Pumping Wells on Impacted Groundwater at the Bluewater, 
NM Disposal Site (August 2020).
---------------------------------------------------------------------------
    Cleanup of the Homestake site has used extensive water resources 
and has not been wholly successful. \33\ ``The contaminant plume has 
receded back almost three-quarters of a mile into the site boundaries 
of HMC by injecting fresh water down gradient of the site. Nearly 4.5 
billion gallons of contaminated water have been removed and 540 million 
gallons of treated water have injected into the aquifer.'' \34\ Acoma 
submitted multiple protests to HMC's applications to drill supplemental 
wells in the Bluewater Underground Water Basin, on the grounds that 
there is insufficient unappropriated water available to satisfy 
Homestake's request, yet the applications were approved. \35\ The 
United States did nothing.
---------------------------------------------------------------------------
    \33\ See generally, Pueblo of Acoma Protest to Applications by 
Homestake Mining Company to Change Well Location No. B-28-S-323 and to 
Drill Supplemental Wells in the Bluewater Underground Water Basin No. 
B-28-S-386 through B-28-S-429.
    \34\ 5/9/2019, Homestake Mining Co., Superfund Site Profile, 
Superfund Site Information
    \35\ Pueblo of Acoma Protest to Applications by Homestake Mining 
Company to Change Well Location No. B-28-S-323 and to Drill 
Supplemental Wells in the Bluewater Underground Water Basin No. B-28-S-
386 through B-28-S-429. (``Groundwater cannot be treated exactly like 
surface water because once appropriations exceed the natural recharge 
in an aquifer, it is being mined. It cannot be treated as a reoccurring 
resource. Based on the drop in flow from Ojo Del Gallo at San Rafael, 
which is historically related to depletion of the San Andres-Glorieta 
aquifer, this aquifer is already being mined to meet present uses, 
threatening senior water users. Supplementing Homestake's use will 
result in a greater possibility that water will be insufficient to meet 
the needs of the holders of senior water rights.'')
---------------------------------------------------------------------------
    In 2012, the New Mexico Office of the State Engineer approved HMC's 
application to temporarily divert 4,500 afy and drill 839 supplemental 
wells. \36\ This ``temporary'' permitted use is in addition to applying 
the 1,200 afy water right claimed by Homestake for reclamation 
activities. Despite Acoma's protests, the Office of the New Mexico 
State Engineer has approved the installation of at least 600 wells as 
of 2016 for the reclamation project, further draining the region's 
water supply. \37\ The United States has not protested these actions. 
According to EPA reports, 5,855,488,029 gallons of water, or 48,658.72 
acre-feet of water were pumped from the alluvial aquifer from 1978-2014 
at this one site. The amount pumped from the San Andres-Glorieta 
aquifer in the same period is likely to be more as the remediation 
effort pumped water from the San Andres-Glorieta Aquifer and then 
injected it into the alluvial aquifer. This is likely to continue for 
the future as the pumping regime is needed to prevent the contamination 
plume from migrating south to the Rio San Jose. According to reports, 
water levels in three wells in the San Andres-Glorieta aquifer under 
Acoma, east of the San Rafael Fault where the aquifer is 2,000 feet 
below the surface, have declined by 46 feet \38\ since 1998. \39\ The 
alluvium underlying the primary tributary to the Rio San Jose from the 
western side of Mount Taylor, San Mateo Creek, is so contaminated that 
the New Mexico Environment Department warns users against using the 
water. On July 16, 2019, the San Mateo Creek Basin was added to the 
Superfund Site Emphasis List by the EPA, thereby being targeted for 
``immediate, intense action.'' \40\
---------------------------------------------------------------------------
    \36\ See Feb. 6, 2012 letter from NM Office of the State Engineer. 
A temporary diversion request of 4,500 was approved in Feb. 2008.
    \37\ U.S. Environmental Protection Agency, Fourth Five-Year Review 
Report for Homestake Mining Company Superfund Site, September 2016.
    \38\ Kathy Helms, ``Official: Dilution Helps Reduce Uranium Mill 
Contamination'', Gallup Independent, May 5-6, 2018.
    \39\ Homestake is now proposing to the National Remedy Review Board 
that the remediation effort be halted as complete remediation is 
characterized as unfeasible. See, National Remedy Review Board on EPA's 
Proposed Plan for Homestake Mining Company Superfund Site, CERCLA # 
NMD007860935. The Pueblo of Acoma opposes any determination that 
remediation should be excused.
    \40\  https://www.epa.gov/newsreleases/epa-administrator-andrew-
wheeler-updates-superfund-emphasis-list-adds-san-mateo-creek
---------------------------------------------------------------------------
    Today, it is acknowledged that the groundwater within the Rio San 
Jose Basin has been and continues to be mined without replacement. 
Withdrawals far exceed recharge. It is no longer a renewable supply 
that can be sustained into the future, and absent restriction of all 
non-Pueblo uses, will never be replaced. Surface flow at the western 
boundary of the Pueblo of Acoma Grant, fed by springs and groundwater, 
have decreased from average annual flow measured at the federal gauge 
of over 10 cfs in 1940 to more recent levels in the range of 2 to 3 
cfs. and the flow continues to decrease. Experts agree that even if the 
United States now enjoined most of the upstream users, the water supply 
is so depleted that it would take decades for sufficient water to reach 
the Pueblos to meet minimal needs.
This Legislation and the Settlement Would Give Acoma an Opportunity for 
        a Very Different Water Future
    This proposed settlement, unlike a prohibition on all upstream 
users, will make alternative water supplies available to the Pueblo, 
forgoing enforcement of the Pueblo's senior priority in time of 
shortage. Acoma will be required to give up the full senior priority 
that normally attaches to time immemorial rights in times of shortage. 
This is a significant loss to Acoma, but the ability to get wet water 
is a trade-off that Acoma is willing to make. Damages attributable to 
the United States' actions and failures to act on behalf of Acoma alone 
equal almost $500 million. \41\ The greatest part of these damages goes 
to the cost of locating and bringing a wet water supply to the Pueblo 
that does not affect all the other water users in the Stream System. 
The promise of the 1924 Pueblo Lands Act to replace water lost water 
will be met. S.4898 would provide funding for feasibility studies to 
determine if water in the only presently unused aquifer in the Stream 
System, the Westwater Canyon Member of the Morrison formation, can be 
sufficiently treated and transported to the Pueblo to provide a water 
supply equal only to what it consumptively used for irrigation in the 
past, the 1,870 acres. Even if this is not ultimately feasible, the 
same level of funding is required to locate, treat and maximize 
whatever sources can be found in the Stream System. It also provides 
funding for improvements to the water delivery systems of all users, 
Milan and Grants, and the Acequias at State expense, so that the 
present diminished water supply can be conserved and used more 
efficiently for all.
---------------------------------------------------------------------------
    \41\ The trespass damages and replacement costs were determined by 
Industrial Economics Incorporated, Economic Damages to the Pueblo of 
Acoma Resulting from U.S. Actions and Failure to Prosecute Water 
Rights, November 2020, The report has been shared with Congressional 
Staff and the United States. The replacement costs were updated as of 
April 25, 2022 based upon settlement agreement terms.
---------------------------------------------------------------------------
    With this fund-based settlement, the Pueblos of Acoma and Laguna 
are taking the risk and responsibility for their water future in light 
of the federal government's past failures. Even so, it cannot be said 
that this will make the Pueblo ``whole'' as to the damages suffered. 
Note that Acoma is not claiming any future losses due to its inability 
under the agreement to fully use its full measure of senior priority 
water rights as set forth in the settlement. At present, this amount 
cannot be fully determined so as to be quantified for purposes of 
settlement. However, in the absence of settlement, the United States 
and the Pueblos would have to continue to litigate to quantify all of 
the Pueblo's water rights and enforce the Pueblo's full senior priority 
in times of shortage in the Rio San Jose Basin and in the Rio Salado 
Basin. While no adjudication has been initiated in the Rio Salado 
Basin, the settlement addresses the claims that the United States would 
be bound to litigate and enforce in that Basin as well. The costs of 
that enforcement effort would be extensive. Almost 100 years ago, the 
United States Attorney General was told that it was necessary to take 
this action to protect the Pueblos' ability to use their water. The 
United States failed to act for a very, very long time, and now the 
cost of protecting and enforcing the Pueblo of Acoma's time immemorial 
water right is much greater.
    Approval of the Settlement brings something of much greater value 
to the Rio San Jose Stream System. It is the product of an intensive 
collaborative effort among all governments and Stream System users. It 
contains procedures for consultation and to allow for full 
participation in water management decisions by all parties that must 
rely on this very scarce water supply. This is a water future that 
Acoma desperately needs and supports whole-heartedly.

    Senator Murkowski. Thank you, Governor.
    The Chairman. [Presiding.] Thank you very much for your 
testimony. The Honorable Martin Kowemy, Governor of the Pueblo 
of Laguna. Thank you.

   STATEMENT OF HON. MARTIN KOWEMY, JR., GOVERNOR, PUEBLO OF 
                             LAGUNA

    Mr. Kowemy. [Greeting in Native tongue.] Good afternoon, 
Chairman Schatz and Vice Chair Murkowski and members of the 
Committee. My name is Martin Kowemy, Jr., and I am the Governor 
of the Pueblo of Laguna. The traditional name of the Laguna 
people is Kawaika, meaning lake people.
    I am here today to discuss S. 4898, the Pueblos of Acoma 
and Laguna Water Rights Settlement Act of 2022. The lack of 
water in the Rio San Jose Basin is over 150 years in the 
making. Today our basin is one of the driest in the State of 
New Mexico, if not the Country. Without Congressional action, 
things could only get worse.
    The Pueblo of Laguna's economy has historically relied 
heavily on subsistence style farming and trade. We use water 
from the River San Jose to produce food to feed our families 
and to sell or trade for other necessary items.
    Our ancestors, in addition to being farmers, were master 
dam builders and water engineers. We designed and built vast 
systems of irrigation ditches and massive reservoirs before our 
first contact with the Spanish. We irrigated our lands using 
these systems until the United States began replacing them with 
concrete structures in the early 20th century.
    However, the Federal Government neglected to maintain or 
rebuild the system they imposed on us, and we could not 
maintain using our traditional methods and materials. The 
Laguna Reservoir built by our ancestors stood the test of 
centuries.
    Yet, you visit our pueblo today, you will not see that 
reservoir next to the village of Laguna, the principal village 
of the six villages in our community. Nor will you see the new 
Laguna Reservoir built by the U.S. to replace it, because it is 
filled in with sediment. The dam breached decades ago. It was 
never replaced by our trustee.
    During this time, junior upstream users increasingly 
accessed the water source that fed our river. Upstream 
divergence in the mainstream Rio San Jose began in the late 
19th century. In the 20th century, junior users began tapping 
the groundwater in ever-increasing amounts. The flow of the Rio 
San Jose has dropped over 90 percent from pre-developed levels 
at the point where it reaches the pueblo.
    Without enough water from the Rio San Jose to grow enough 
crops, pueblo members were forced to purchase food instead of 
growing it. Despite these devastating losses, we did not stop 
maintaining and irrigating from our traditional ditches. We did 
not stop our traditional ceremonies. We still use the meager 
amount of water remaining to grow what we can and follow our 
traditional practices, even though it is not nearly enough to 
provide for our people.
    This water rights settlement will recognize the Pueblos' 
senior water rights and protect what little flow is left in the 
Rio San Jose. S. 4898 is a product of over 40 years of 
litigation and eight years of negotiation. Despite our request, 
the U.S. did not file a lawsuit against major junior 
groundwater users on our behalf in Federal District Court until 
1982. Some of those users immediately filed a State lawsuit to 
start the general stream adjudication and defer resolution of 
the Federal claims. The adjudication has crawled along since 
then.
    In early 2014, the Pueblos and the U.S. and the State of 
New Mexico and other major stakeholders decided to look for a 
negotiated resolution for the Rio San Jose Basin. Our 
negotiations resulted in the settlement agreement that forms 
the basis of the legislation before you.
    The Pueblo appreciates the State and our neighbors in the 
valley for setting aside differences in their interest of a 
more water-secure future for everyone in the valley. The Pueblo 
needs this water rights settlement, but we believe that 
shutting down our neighbors would not solve the problem. Our 
approach to this is to find an alternative source of water 
supply for the Pueblos.
    In keeping our tradition as water engineers, we are not 
asking the Federal Government to build a project for us. In our 
fund-based settlement, we take on the management and 
responsibility of water infrastructure planning, permitting, 
development, operations, and maintenance. We, along with the 
Bureau of Reclamation, studied the potential water resource of 
water infrastructure costs in detail. Our study shows that 
finding, developing, and conveying replacement water to our 
Pueblo is not cheap.
    But in exchange for meaningful funding to secure and 
develop water, the Pueblos agree to make no priority calls 
against non-Indian users under existing water rights, and not 
impair other users on development and use of groundwater by the 
Pueblos on Pueblo lands. We believe this is the best resolution 
for our Pueblo and the communities in Rio San Jose.
    Passage of S. 4898 is necessary to secure the future of the 
Pueblo of Laguna. We believe that this settlement provides the 
best opportunity for Pueblo to determine its future, because it 
empowers us to secure and develop appropriate water sources for 
our community.
    Thank you for the opportunity to testify. I am happy to 
answer any questions you may have.
    [The prepared statement of Mr. Kowemy follows:]

  Prepared Statement of Hon. Martin Kowemy, Jr., Governor, Pueblo of 
                                 Laguna
    Good afternoon Chairman Schatz, Vice-Chairwoman Murkowski and 
members of the Committee. My name is Martin Kowemy, Jr. and I am the 
Governor of the Pueblo of Laguna. The traditional name of the Laguna 
people is Kawaika, meaning lake people.
    I'm here today to discuss S. 4898, the Pueblos of Acoma and Laguna 
Water Rights Settlement Act of 2022. I'm going to tell you about the 
history of our Pueblo and changes in our basin necessitating this 
settlement. I'll then highlight the major elements of the settlement 
legislation and the benefits it will provide to the Pueblo.
    Before I start, I'd like to note that the lack of water in the Rio 
San Jose Basin is over 150 years in the making. As it stands, our basin 
is one of the driest in the State of New Mexico, if not the country, 
and without Congressional action things will only get worse.
1. The Pueblo's Long History of Agriculture on the Land Base We Have 
        Occupied Since Time Immemorial
    The Pueblo of Laguna's economy has historically relied heavily on 
agriculture, particularly subsistence style farming and trade. \1\ We 
used the water available to us to produce food to feed our families and 
to sell or trade for items we could not produce ourselves.
---------------------------------------------------------------------------
    \1\ Robert L. Rands, 1974, Laguna Land Utilization: an 
Ethnohistorical Report, pp. 211-407 in David Agee Horr, ed., Pueblo 
Indians IV, New York: Garland Publishing, pp. 328-329.
---------------------------------------------------------------------------
    We have always been farmers \2\ and water engineers. We know from 
our oral traditions, and from recent geo-archaeological investigations, 
that our ancestors, in addition to being farmers, were master dam 
builders and water engineers. \3\ They designed and built vast systems 
of irrigation ditches and massive reservoirs before the first Spanish 
contact with Pueblo people. *
---------------------------------------------------------------------------
    * The images attached to this prepared statement have been reviewed 
and retained in the Committee files.
    \2\ The sweet corn grown today at our Pueblo is believed to be an 
aboriginal cultigen. George F. Carter, 1948, Sweet Corn Among the 
Indians, Geographical Review 38(2):218.
    \3\ See Gary Huckleberry, T. J. Ferguson, Tammy Rittenour, 
Christopher Banet, and Shannon Mahan, 2016, Identification and Dating 
of Indigenous Water Storage Reservoirs along the Rio San Jose at Laguna 
Pueblo, Western New Mexico, USA. Journal of Arid Environments 127:171-
186; see also Julian Scott, 1893, Pueblos of Laguna, Acoma, and Zuni, 
in Moqui Pueblo Indians of Arizona and Pueblo Indians of New Mexico: 
Extra Census Bulletin by Thomas Donaldson. Government Printing Office, 
Washington, D.C., pp. 123-124.
---------------------------------------------------------------------------
    In fact, early Spanish explorers recognized our extensive water 
distribution and retention systems and made note of them. The first 
mentions of Pueblo irrigation systems in New Mexico were made in 1581 
and 1582 by the chroniclers of the Chamuscado-Rodriguez and Espejo 
expeditions, respectively. Diego Perez de Luxan's report of the Espejo 
expedition describes ``many irrigated planted fields of corn, with 
their ditches and dams . . .'' in the area between ``a large lake [una 
laguna grande]'' on the Rio San Jose and a place about four leagues 
(approximately thirteen miles) upstream. \4\
---------------------------------------------------------------------------
    \4\ See Richard Flint, 2015, Laguna Pueblo History Revisited, New 
Mexico Historical Review 90(1):7-30 at 20-21; Richard Flint, 
Translation and Analysis of Spanish Documentary Sources: Supplemental 
Report, Expert Report, Kerr-McGee, 5-8 (Jun. 22, 2012).
---------------------------------------------------------------------------
    This laguna would have been the large reservoir behind a dam on the 
Rio San Jose built by our ancestors next to Old Laguna. The ditches in 
fields within this 13-mile area would have been on lands still held 
today by Laguna and Acoma. \5\
---------------------------------------------------------------------------
    \5\ See Flint 2015 at 21.
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    The Laguna people continued to rebuild and maintain our dams and 
ditches ourselves throughout the Spanish and Mexican periods and into 
the American period. \6\ In 1846, Jacob Robinson, a member of the 
Doniphan expedition, described our reservoir at Old Laguna as follows:
---------------------------------------------------------------------------
    \6\ See Flint 2015 at 23-24.

         Here is one of the most singular marks of civilization ever 
        seen among the Indians. Across a ravine is built a dam of rock 
        150 feet long, and 50 feet high; this stops the water that 
        comes down from the mountains in the rainy season, and forms a 
        lake six or eight miles in circuit, where otherwise here would 
        be a dry plain. In the dry season they let out the water as 
        they need it upon their lands, and thus raise good crops, and 
        support two thousand inhabitants with large flocks, where but 
        for this contrivance would have been nothing but the wild and 
        arid desert. \7\
---------------------------------------------------------------------------
    \7\ Jacob S. Robinson, Journal of the Santa Fe Expedition 
(Narrative Press, 2001), at 23.

    We continued to irrigate our lands using our traditional systems 
into the early 20th century. Then in the early 1900's, the U.S. Indian 
Irrigation Service began replacing our centuries-old irrigation systems 
with concrete structures but neglected to maintain or rebuild the 
concrete structures they imposed on us. We could not maintain these 
replacement structures using our traditional methods and materials. \8\
---------------------------------------------------------------------------
    \8\ See T. J. Ferguson, Traditional Farming at the Pueblo of 
Laguna, Expert Report, Kerr-McGee, at 14 (Jan. 24, 2007).
---------------------------------------------------------------------------
    The Laguna reservoir built and maintained by our ancestors stood 
the test of centuries. Yet if you visit our Pueblo today, you will not 
see a reservoir next to the Village of Laguna, the principal village of 
the six traditional villages that comprise our vibrant community. The 
New Laguna Reservoir built by the U.S. in replacement of our reservoirs 
on the Rio San Jose sedimented in and its dam was breached decades ago. 
\9\ It still has not been replaced by our trustee.
---------------------------------------------------------------------------
    \9\ See Huckleberry et al. 2016 at 176.
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2. The History of Major Upstream Water Development by Junior Users
    While the Pueblo increasingly suffered from the cumulative effect 
of the U.S. neglect of replacement irrigation structures, junior 
upstream users increasingly accessed our water without challenge from 
the United States until it was too late to prevent the devasting 
impacts to our water supply and our people.
    Up until the late 19th Century, the Pueblos of Acoma and Laguna 
(collectively ``Pueblos'') irrigated thousands of acres of agricultural 
fields along the Rio San Jose.
    Upstream diversions on the mainstem Rio San Jose began in the late 
19th Century, depriving both the Pueblo of Laguna and Acoma of surface 
water. These diverters included Fort Wingate in the 1860s, a railroad 
construction camp in the 1880s that became the City of Grants, and the 
Bluewater Toltec Irrigation District which built the original Bluewater 
Dam on the headwaters of the Rio San Jose in 1894.
    In the 20th century, municipalities in the valley grew and other 
groups came to the Rio San Jose Valley. Various junior users began to 
exploit groundwater and by the mid-20th Century were making major 
groundwater withdrawals:

   the City of Grants drilled its first municipal well in 1929;

   Grants and other municipal users' increased substantially 
        starting in the mid-20th Century;

   Bluewater-Toltec Irrigation District started tapping 
        groundwater in the 1940s, and through extensive groundwater 
        irrigation Grants became known as the Carrot Capital of the 
        United States;

   in the 1950s, uranium mining started up on Mt. Taylor, and 
        uranium mills opened in the Rio San Jose Valley and started 
        pumping yet more groundwater; and

   a regional coal-fired power plant started pumping 
        groundwater in the 1980s. \10\
---------------------------------------------------------------------------
    \10\ See Frenzel, P. F., Simulation of Ground-Water Flow in the San 
Andres-Glorieta Aquifer in the Acoma Embayment and Eastern Zuni Uplift, 
West-Central New Mexico, USGs Water Resources Investigation Report 91-
4099 (1992).

    Over a century of unimpeded diversions by junior users resulted in 
irreversible damage to the water supply. The Pueblos have suffered the 
permanent loss of most of the flow from Rio San Jose that has sustained 
our people since time immemorial.
    Major junior users pumped so much groundwater that the water 
stopped spilling from the springs at Ojo del Gallo and reduced the flow 
from Horace Springs-both Ojo del Gallo and Horace Springs are major 
sources of water for the Rio San Jose historically. The stream flow has 
been dramatically reduced from an estimated 16,400 AFY, equivalent to 
22.6 cubic feet per second \11\ prior to upstream development to a mere 
2.4 cubic feet per second in 2020 at the upstream boundary of the reach 
flowing through the Pueblos. \12\
---------------------------------------------------------------------------
    \11\ Wolf, Cristopher, Hydrogeology and Geochemistry of Horace 
Springs, Pueblo of Acoma, New Mexico. New Mexico Geological Society 
Guidebook, 67th Field Conference, Geology of the Belen Area, 397-403 
(2016).
    \12\ Between October 1990 and October 2004, the average flow had 
dropped to 4.21 cfs, and was only about 3.5 cfs in 2004. Based on the 
15-minute measurements at the USGS gage the decline has continued, and 
in water year 2020 the average flow was only 2.42 cfs. See USGS 
08343500 Rio San Jose at Acoma Pueblo, NM, https://waterdata.usgs.gov/
monitoring-location/08343500/#parameterCode=00065.=P7D.
---------------------------------------------------------------------------
    This loss of water has had a profound effect on the Pueblo 
community and its culture. Depleted stream flows substantially reduced 
the Pueblo's ability to irrigate its agricultural fields on the 
mainstem Rio San Jose and forced members of the Pueblo to purchase food 
instead of growing it and selling or trading it for other needed items. 
\13\ We have important ceremonies that require a flowing river, but at 
times now the Rio San Jose is dry and this is heartbreaking. Equally 
devastating is the effect of lost flow on our riparian zone that has 
nurtured native plants and medicines we harvest for our ceremonies. 
Intermittent stream flow, and shortages and loss of traditional-use 
plants on our lands, affects how we conduct our traditional ceremonies.
---------------------------------------------------------------------------
    \13\ See Ferguson 2007 at 145-149; see also Paul V. Hodges, Report 
on Irrigation and Water Supply of the Pueblos of New Mexico in the Rio 
Grande Basin, National Archives RG 75, E657 (1938) at 362; John J. 
Ward, Rebuttal Opinion: Analysis of the Undepleted Flows in the Rio San 
Jose and Tributaries, Acoma and Laguna Pueblos, Expert Report prepared 
for the United States, Kerr-McGee, at 18-23 (Nov. 29, 2010).
---------------------------------------------------------------------------
    While we have borne the brunt of the impacts of water development 
by junior users, located as we are at the bottom of the stream system, 
we did not stop maintaining our ditches and calling the water down from 
the mountains and from Bluewater Creek. We did not stop irrigating from 
our traditional ditches, and we did not stop our traditional 
ceremonies. We used, and continue to use, the little water that remains 
to grow our crops and follow our traditional practices.
    Hydrologic studies by the U.S. and the Pueblos indicate that even 
if all current junior water users stopped using water in the Rio San 
Jose basin, the system has been so depleted that the system would not 
recover to provide historical flow levels in the Rio San Jose in the 
Pueblos' reach for decades, if ever.
    Yet we will continue to use what remains of the river's flow, even 
though it is not nearly enough to maintain our way of life. We need 
water for drinking and cooking, for everyday use, for ceremonial and 
cultural uses, as well as for the economic development needed to 
provide for our people.
    We need your approval for this water rights settlement to recognize 
the senior water rights of the two Pueblos, and to protect what little 
flow is left in the Rio San Jose.
3. The Water Settlement Negotiations
    S. 4898 and the water settlement it ratifies is the product of over 
40 years of litigation and eight years of negotiation.
    The Pueblos, as the most senior water users in the stream system, 
implored the U.S. to protect our water supplies from these upstream 
users early in the U.S. superintendency following the Treaty of 
Guadalupe Hidalgo in 1848. It was over a century before the U.S. took 
action. Finally, in 1982, the U.S. filed a suit on behalf of the 
Pueblos of Laguna and Acoma against major junior groundwater users in 
federal district court claiming damages for trespass and seeking 
injunctive relief. \14\ To protect themselves from the trespass suit, 
some of those users immediately filed lawsuits in state court to start 
a general stream adjudication of the Rio San Jose. \15\
---------------------------------------------------------------------------
    \14\ United States v. Bluewater-Toltec Irrigation. District, No. 
82-cb-1466 (D.N.M).
    \15\ See United States v. Bluewater-Toltec Irrig. Dist., 580 F. 
Supp. 1434 (D.N.M. 1984).
---------------------------------------------------------------------------
    In this way, the junior users started the water rights adjudication 
known as New Mexico ex rel. Martinez v. Kerr-McGee Corp., and the 
trespass case was ``deferred'' by the federal court in favor of the 
general stream adjudication. As a consequence, relief to the Pueblos 
was delayed another 40 years while the adjudication slowly ground 
forward.
    In the spring of 2014, instead of continuing on a litigation path 
that chooses winners and losers in our stream system, we, along with 
the United States, the State of New Mexico, the Pueblo of Acoma and 
other major stakeholders, decided to look for a different, negotiated 
resolution for the Rio San Jose Basin.
    Negotiations continued for eight years, resulting in a Settlement 
Agreement among various local parties that forms the basis of the 
settlement legislation before you. The parties who have signed the 
Agreement are:

   Pueblo of Acoma
   Pueblo of Laguna
   Association of Community Ditches of the Rio San Jose
   State of New Mexico
   City of Grants
   City of Milan
   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
   Community Ditch of San Jose de la Cienega

    The Navajo Nation has been active in the negotiations since 2018. 
As stated in the Settlement Agreement, the parties intend to reach a 
settlement with the Navajo Nation that will be an addendum to our 
Agreement, and the Nation will become a party and signatory to the 
Agreement upon written consent of the Nation and the parties. \16\
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    \16\ See Joint Status Report, Kerr-McGee, filed Oct. 28, 2022.
---------------------------------------------------------------------------
4. Key Provisions of the Settlement Agreement and Legislation
    We need a water rights settlement to recognize and protect the 
senior water rights of the two Pueblos, and to protect what little flow 
is left in Rio San Jose. But we understand that shutting down our 
neighbors will not solve the problem. After more than a century of our 
trustee failing us, it is too late for that solution.
    Instead of seeking to curtail other water users, the Settlement 
approach is to find alternative sources of supply for the Pueblos.
    We studied alternative water sources and water infrastructure costs 
together with the Bureau of Reclamation in a detailed, year-long Value 
Planning Study process. As that study showed, finding, developing, and 
conveying to our Pueblo homelands replacement water in the Rio San Jose 
Basin today is not cheap.
    In keeping with our tradition as water engineers, we are not asking 
the federal government to build a project for us. In our ``fund-based'' 
settlement we take on the management and responsibility of water 
infrastructure planning, permitting, development, operation and 
maintenance-instead of the federal government.
    Our settlement trust fund established in the legislation is not 
attached to a particular water supply project because the Pueblo wishes 
to further assess the alternatives and exercise our self-determination 
in selecting sources of water to develop for our Pueblo lands and 
people.
    In exchange for meaningful funding to secure and develop water, the 
Pueblos agree to:

   make no priority calls against non-Indian uses under 
        existing water rights; and

   not impair other users in development and use of groundwater 
        by the Pueblos on Pueblo lands.

    The main elements of this comprehensive settlement of Pueblo water 
rights include the following:

   This Act fairly and finally settles the claims of the Pueblo 
        of Laguna, and the United States acting as the trustee for the 
        Pueblo of Laguna, in the general stream adjudication of the Rio 
        San Jose Stream System entitled, ``State of New Mexico, ex rel. 
        State Engineer v. Kerr-McGee, et al.,'' pending in the 
        Thirteenth Judicial District Court for the State of New Mexico.

   The Act also recognizes water rights of the Pueblo of 
        Laguna, and the United States acting as the trustee for the 
        Pueblo of Laguna, in the Rio Puerco Basin and limits future 
        claims for the Pueblo's water rights in that basin.

   The legislation establishes a separate trust fund for each 
        Pueblo. The following amounts are authorized for the Pueblo of 
        Laguna:

          --$464 million in the Laguna Water Rights Settlement Account, 
        to be used for water infrastructure development, acquiring 
        water supplies, Pueblo Water Rights management and 
        administration, watershed protection and enhancement, support 
        of agriculture, water-related Pueblo community welfare and 
        economic development, and settlement implementation costs, and 
        $15 million of this amount is to be made available upon 
        appropriation for installing groundwater wells on Pueblo lands 
        to meet immediate domestic, commercial municipal, and 
        industrial needs;

          --$26 million in the Water Infrastructure Operations and 
        Maintenance Account; and

          --$3.25 million in the Feasibility Studies Account, to be 
        made available upon appropriation, to facilitate our selection 
        of alternative water sources.

   A further $50 million is authorized by the legislation for 
        the Acomita Reservoir Works Trust Fund, a joint trust fund for 
        the two Pueblos, to be made available upon appropriation for 
        the purpose of rehabilitating this BIA-constructed reservoir 
        and appurtenances that was built to provide water storage for 
        both Acoma and Laguna but has been in disrepair for many years.

   Under the Settlement, each Pueblo's water rights will be 
        administered on Pueblo lands under a Pueblo Water Code 
        similarly to water rights administration by the New Mexico 
        State Engineer on non-Indian lands.

   The Pueblo permit processes will include substantive and 
        procedural protections for protestants, including the 
        opportunity to appeal Pueblo water permitting decisions to the 
        state court.

   The Acequias will receive funding from the State for water 
        infrastructure improvements and other purposes, and the City of 
        Grants and the Village of Milan will receive funding from the 
        State to improve their water and wastewater infrastructure. The 
        hydrologic benefits of these improvements will, in turn, 
        mitigate impacts of Pueblo water development.

    In considering these costs of our settlement, it is essential to 
remember that we lost the abundant, low cost, renewable surface water 
in our homeland on the United States' watch, through no fault of our 
own.
5. Conclusion
    Passage of S. 4898 is absolutely necessary to secure the future of 
the Pueblo of the Laguna. We believe this fund-based settlement is the 
best opportunity for the Pueblo to determine its future by securing and 
developing ourselves appropriate water sources for our community.
    This settlement will provide us with the means to procure the water 
needed for everyday uses and enable our people to survive and thrive on 
our homeland. Without a secure water supply, our ability to continue to 
live and work on our own land, as we have for centuries, is at risk.
    Thank you for the opportunity to testify today. I'm happy to answer 
any questions the Committee may have.

    The Chairman. Thank you to all of the testifiers. I will 
now turn to Vice Chair Murkowski for her questions.
    Senator Murkowski. Thank you, Mr. Chairman. Those who have 
been wondering where members are coming and going, we are in 
the midst of a vote. So I am going to be excusing myself after 
this. The Chairman has already done that.
    To you first, Secretary Newland. And before I ask my 
question, I want to appreciate those of you who have given 
testimony in walking us through, educating us on what it means. 
We certainly heard from your comments, Chairman Peyron, the 
significance of what it means, these shortages, to the people 
in your tribe. We heard very clearly the significance of where 
we are.
    Secretary Newland, you heard me in my opening comments, my 
concern about this mega-drought, the impacts that it is having 
on the Colorado River system as a whole. Earlier this summer, 
the Bureau of Reclamation Commissioner, Camille Touton, 
testified before the Energy Committee that due to this mega-
drought, the river system is literally on the brink of 
collapse, again, affecting not just those who depend on the 
Colorado River but everyone in the west.
    Can you share with the Committee what actions the 
Department is taking to protect water users' existing water 
supplies, particularly those held by our tribal nations that 
many are represented here?
    Mr. Newland. Thank you, Vice Chair. On the whole, or with 
respect to the Colorado River?
    Senator Murkowski. I am not expecting you to solve the 
Colorado or the mega-drought. If you could do that, we would 
take you from this seat and put you to work on it right away.
    [Laughter.]
    Senator Murkowski. But clearly, you have users that are 
very, very stressed right now. Is the Department taking 
specific actions to address that?
    Mr. Newland. We work across all of our bureaus on the 
Colorado River in particular to make sure that we are being 
inclusive of everyone who is affected. I know that my 
colleagues at the Department, including the Commissioner, are 
working with tribal leaders in the basin to make sure that we 
are meeting our trust obligations to the tribes and that we are 
consulting with them on steps that the Department would take.
    But overall, when it comes to water in the west, as I 
indicated in our testimony, we take our trust obligation very 
seriously to make sure that tribes have the ability to maintain 
their way of life on their homelands. That requires the ability 
to have access to water. The bills that we are testifying on 
today are reflective of that commitment and our position on 
them.
    Senator Murkowski. So let me ask then, because these are 
settlements that have been in the making for decades, we have 
heard. Does what we are living through right now with this 
mega-drought affect any of these water settlements that we are 
considering today? In other words, it may have made agreements 
based on a direction that just isn't realistic today.
    Mr. Newland. Thank you, Vice Chair, for that question. That 
is something that our teams negotiating these settlements are 
always trying to bear in mind, is that these are workable 
settlements, because we want certainty going forward.
    As I indicated, these are good bills and good settlements 
based on the data that we have been able to collect over the 
last four decades, at least with respect to New Mexico, and the 
last three decades with respect to the Tule River bill. We 
think the tribes have, as I understand, have agreed to use the 
fund-based approach to these settlements and all of the risk 
that comes with that to make sure that they have access to 
resources now.
    Senator Murkowski. One more question for you. This relates 
to the funding. As you know, I am appropriators, we both are 
appropriators up here. Oftentimes, the toughest thing is 
identifying the financial resources, the long-term investments 
by the Federal Government to make these settlements actually 
work and result in what you are all hoping for, which is the 
delivery of wet water. Historically, the most common source of 
funding for Congressionally approved water settlements is 
discretionary spending. Congress has authorized mandatory 
appropriations in concert with discretionary funding 
authorizations in some cases, including for individual Indian 
water settlements.
    The settlement legislation in front of us today includes 
mandatory appropriations. Can you speak to this about whether 
or not the Department supports mandatory spending for each of 
these measures, and if so, any offsets that the Department may 
have identified to address this?
    Mr. Newland. Thank you, Madam Vice Chair. The benefit of 
having these kinds of disputes settled is to bring certainty, 
not only to the Tribes but everyone in the affected basins. One 
of the things that helps bring certainty is knowing that there 
will be certainty of funding and mandatory funding is one way 
to do that. We also know that Congress was the leading 
authority on appropriations, and we respect that.
    But we support these bills, subject to some of the things I 
highlighted in our written testimony. With respect to offsets, 
I don't have an answer for you today, Madam Vice Chair. I would 
be happy to follow up.
    Senator Murkowski. Great. I would appreciate that. Again, 
my thanks to all who have provided testimony and truly, for 
your decades of work on very, very important issues. Thank you, 
Mr. Chairman.
    The Chairman. Thank you, Vice Chair.
    Secretary Newland, S. 4870 includes a transfer into trust 
of lands needed to ensure the integrity of the water resource 
and other cultural resources for the tribe. Does Congress have 
the authority to direct land transfers? How common are 
transfers like this in tribal water settlements?
    Mr. Newland. Thank you, Mr. Chairman. Congress does the 
authority to direct Federal lands to be transferred to the 
Secretary in trust for the benefit of tribes. There is 
precedent for that in other water settlement bills. For 
example, the Salish and Kootenai water settlement in Montana 
included a transfer of the National Bison Range in trust to the 
Tribe. I think that is a good example of the comprehensive 
solutions that we can achieve through settlements.
    The Chairman. Can you tell me about your experience, in 
your experience, what are the benefits of returning lands like 
these to tribal management through trust transfers, co-
management or other regimes?
    Mr. Newland. Thank you, Mr. Chairman. The Tule River Tribe 
is a great example of some of the benefits here. When I visited 
this summer, the Chairman took me up into the highlands on the 
reservation to see where they had been impacted by a recent 
wildfire. They have ancient sequoia trees on the reservation, 
and you could see there had been a fire. But because of the 
Tribe's land management practices, the sequoia trees themselves 
were left standing. It was impressive to see.
    Then as we continued on our trip and traversed the 
reservation boundary, we saw where the Tribe wasn't managing 
lands, and the trees, the sequoia trees and the rest of the 
forest were burned. I think that speaks to what happens when 
tribes are managing lands according to their traditional 
knowledge, their understanding of their own homelands, and the 
benefits that brings.
    That is what we are trying to do through the joint 
secretarial order that Secretary Haaland has signed onto on co-
stewardship which also speaks to returning Federal lands to 
tribal management and ownership in certain instances.
    The Chairman. What is the status of the implementation of 
that secretarial order? Because it is two Secretaries sort of 
establishing a policy, it is new. So where are we with 
implementation there?
    Mr. Newland. At the Department of the Interior, I can say 
that we have guidance now from bureau directors at other land 
management agencies, including the Park Service, Fish and 
Wildlife Service, that provide clear direction to folks in the 
field on how to set these agreements up. The Department of the 
Interior has reached a number of these types of agreements. 
Also, Mr. Chairman, earlier this summer I visited the Grand 
Portage Reservation in Minnesota where we have had a co-
management agreement between the Park Service and the Tribe for 
several decades with a self-governance compact to bring funding 
with it. It has been very successful.
    The Chairman. Thank you very much, Mr. Secretary.
    Chairman Peyron, can you talk to me about your community's 
reliance on bottled water and what that really means for 
hygiene, sanitation, and the ability for people to work and go 
to school? Tell me about the human impact, please.
    Mr. Peyron. Yes, Mr. Chairman. Thank you. I can speak to 
that.
    Children can't go to school at all. There is no water, so 
they can't have clean clothes. Not only does it affect them 
with the ability not to have water to drink or to cook with, it 
also affects their mental and emotional health when they are 
going to school and they are made fun of because they couldn't 
bathe, or they had to wear dirty clothes. Their parents can't 
go to work to make money to pay the bills to put food on the 
table, to keep the air conditioner going in the summer months 
and keep the heat going in the winter.
    At times, just recently, about a month ago, we had to shut 
down our medical facility because it lost water to the 
facility. So people who had medical appointments, people who 
have life-sustaining treatments that they need to get to can't 
do that. They have to drive 20 miles to the nearest hospital in 
the city of Porterville.
    It also impacts other services that the Tribe provides. If 
the water goes out, a lot of the reservation relies on 
evaporative cooling, so we have to open up our cooling centers, 
shut down governmental buildings so that our elders and our 
people who really need that assistance can go there so they can 
cool when it's 110 outside.
    Not only that, when we got hit with the COVID pandemic, it 
limited the availability of space in those buildings. Again, 
people were forced to just tough it out. Unfortunately, my 
people have become acclimated to this. So if you call and you 
ask, we are going to say, everything is fine, because that is 
what we do. We take care of ourselves, we adapt, and we 
continue to persevere regardless of our situation.
    For some of us on our reservation, this is our third home. 
We started on the Sebastian Reservation near Fort Tejon, south 
of Bakersfield. Then we were moved to the Madden Farm, then 
that land was taken and we were moved again to the current 
reservation. The superintendent that we had said, hey, there is 
not enough land, there is not enough water. So they doubled the 
size of the reservation that same year, 1873, to 92,000 acres. 
Then it was shrunk down again for some reason. Some people did 
not want to move off that land. They petitioned Congress and it 
was changed again.
    So we have been living decades, hundreds of years, dealing 
with this. Now it is affecting us to the point with the drought 
and climate change that if we can't get a reservoir to catch 
the water when it is raining in the wet season, there is no 
water there in the summer. Up to 80 percent of my people's 
drinking water comes from the South Fork Tule River that we 
lost because the superintendent, without consulting the Tribe 
in 1922, signed an agreement with the downstream users 
quantifying their rights to the South Fork Tule River.
    Unfortunately, ours was never quantified. We had to come up 
with an agreement in 2007 that was signed quantifying 5,828 
acre feet. We are still trying to get the funding again. That 
agreement said that the United State would provide development 
for water structures on the reservation delivery systems. We 
are still waiting.
    We are operating off a 1960s irrigation line that was put 
in by Indian Health Services for a total of 60 homes. There are 
currently 362 homes and 14 commercial buildings surviving off 
that same system. That is where that $2 million from the State 
of California came in to assist us with updating that.
    So it affects us across a wide spectrum. You can't go to 
work, you can't go to school, which causes other problems 
because now you are getting letters from, in California it is 
called the SARC board, because your kids aren't going to 
school. Apparently not having drinking water at home and being 
able to flush the toilets and take a shower is not an excusable 
reason.
    Those are the things that we deal with in our area. Again, 
we adapted.
    So those are the problems we have. If there is a fire, and 
we have to fight that fire, we depressurize our system, and 
again, we are without water. We are at the end of the Southern 
California Edison grid, so our power is brown anyway. Because 
our terrain, as the Secretary can attest to, is pretty steep, 
we go from 900 feet to 7,600 feet rather quickly. So a lot of 
homes require pumping of water. You can't gravity feed uphill.
    So when the power goes out, guess what? You don't have any 
water. That is the situation we live with every day. It used to 
be from the months of May to September. Now it is beginning in 
April and sometimes it will end about now. I think we got our 
first rain right before we came here this week.
    Those are the things that it is impacting.
    The Chairman. Thank you very much. Senator Lujan?
    Senator Lujan. Thank you, Mr. Chairman.
    Assistant Secretary Newland, you mentioned that targeted 
changes are need to S. 4898 to protect allotees. Yes or no, are 
you committed to working with Senator Heinrich, myself, and the 
Committee on this issue?
    Mr. Newland. Yes, Senator.
    Senator Lujan. Governors Kowemy and Vicente, this 
legislation makes water available as climate change continues 
to strain the water supply in the southwest. Key to this is 
providing funding to find an alternative water source in the 
basin that doesn't limit junior water users.
    Governor Kowemy, yes or no, does this settlement address 
the water shortage issues now and in the future that the Pueblo 
face, given the potential impacts of climate change down the 
road?
    Mr. Kowemy. Yes.
    Senator Lujan. Governor Vicente?
    Mr. Vicente. Yes.
    Senator Lujan. This question is for three of our witnesses, 
and I would ask for a simple yes or no answer. The Navajo 
Nation is currently engaged in its own process to approve its 
portion of the settlements, and the Pueblos are working hard to 
help get a resolution. Yes or no, will you commit to continue 
working with the Nation on its claims in the Rio San Jose Basin 
to get the settlement completed quickly? Assistant Secretary 
Newland?
    Mr. Newland. Yes.
    Senator Lujan. Governor Kowemy?
    Mr. Kowemy. Yes.
    Senator Lujan. Governor Vicente?
    Mr. Vicente. Yes.
    Senator Lujan. Governors Loretto and Galvan, the focal 
point of S. 4896 is augmentation projects on Jemez and Zia 
lands that benefits all users. How will these projects 
strengthen relationships between the Pueblo and non-Pueblo 
communities in the basin? Governor Loretto.
    Governor Loretto. Yes, the relationships among the Pueblos 
and its non-Indian neighbors already is strong. We have 
established a good working relationship and our relationship 
with hopefully the process going through will even bring us 
closer together, to work together.
    Senator Lujan. That is good to hear.
    Governor?
    Mr. Galvan. Yes, pretty much the same, given that Zia has 
and stands on a good working relationship with the communities 
upstream.
    Senator Lujan. I appreciate that. That is to be applauded.
    I certainly appreciate the work that has been done on each 
of these two pieces of legislation and bringing communities 
together, and having conversations and making adjustments, even 
though this was decades in the making. But the conversation in 
the last decade have made immense progress. I also again want 
to thank the State for being here to show their support in 
making this happen and make this a reality.
    Mr. Chairman, I would ask unanimous consent to submit 
letters of support for both S. 4898 and S. 4896.
    The Chairman. Without objection.
    Senator Lujan. I yield back, thank you.
    The Chairman. Thank you very much. If there are no further 
questions for our witnesses, witnesses may also submit follow-
up written questions for the record. The hearing record will be 
open for two weeks. I want to thank all the witnesses. I know 
how much of a hassle and a strain it is to fly across the 
Country to be here. We really do appreciate it, and all the 
staff and all the tribal members who are here for your 
testimony and participation today.
    This hearing is adjourned. Thank you.
    [Whereupon, at 3:57 p.m., the hearing was adjourned.]

                            A P P E N D I X

     Prepared Statement of Hon. Erik Garcia, Mayor, City of Grants
    Chairman Schatz and Committee members, I am Erik Garcia, Mayor of 
the City of Grants, New Mexico. I appreciate the opportunity to submit 
this testimony to you today and provide comments on behalf of the City 
of Grants (``City'') in support of the Pueblos of Acoma and Laguna 
Water Rights Settlement Act of 2022, Senate Bill 4898 (the ``Settlement 
Act'').
    The Settlement Act would resolve the water rights claims of the 
Pueblos of Acoma and Laguna, which have been litigated for at least 
four decades. The City strongly urges passage of the Settlement Act, 
which quantifies and settles the water rights of the Pueblos and 
provides benefits for the non-Indian community. In a unanimous vote on 
May 6, the Grants City Council approved the Local Settlement Agreement 
(``Local Settlement''). In addition to ending decades of litigation, 
the Local Settlement would provide funding for infrastructure to 
provide wet water to the Pueblos and significant benefits to the City, 
the Village of Milan and the nine Acequias in the area. The City would 
benefit from the economic development fostered by the funding for the 
Pueblos, and the City would conserve water and upgrade its own water 
infrastructure with the $12.5 million included in the Local Settlement 
to be provided from the State of New Mexico. The funding also would pay 
for the Joint Grants-Milan Project for Water Re-Use, Water Conservation 
and Augmentation of the Rio San Jose that will provide additional wet 
water to the system.
    The City Council did not make this decision lightly-it has invested 
significant time and resources over the past several years to build 
trust with the other parties and work together to solve problems in the 
Rio San Jose Stream System. The City has participated in extensive 
mediation sessions over at least the past five years, working through a 
painstaking process to draft the Local Settlement and the Settlement 
Act.
    The Local Settlement and the Settlement Act together protect the 
water rights of the City and others by allowing continued use of water 
rights without the threat of priority calls by the Pueblos. The Pueblos 
hold time immemorial priority dates and could create chaos if they 
chose to enforce their priorities. Further, the Local Settlement 
protects non-Pueblo water users for the future because the Pueblos 
agreed to prohibit impairment in any water rights permits they issue. 
The City and Pueblos also promise to take steps that will keep 
communications open and facilitate cooperation on water infrastructure 
in the future.
    Two other features of the Settlement Act are critical to Grants and 
other non-Indian parties: (1) the limited waiver of sovereign immunity 
by the United States and the Pueblos of Laguna and Acoma and (2) 
jurisdiction in the State of New Mexico District Court for the 13th 
Judicial District for settlement-related issues. These provisions 
ensure state-court based interpretation and enforcement of the Local 
Settlement and the court decree for the Pueblos' water rights, as well 
as state court jurisdiction to hear appeals of decisions on Pueblo-
issued water rights permits. This state court-based review gives the 
City and other non-Indian parties assurances that they will be heard in 
a fair forum if they have disputes with the Local Settlement, the 
decree, or Pueblo-issued permits. These guarantees were key in the 
City's decision to sign the Local Settlement and must be carried 
through in the Settlement Act.
    Thank you again, Chairman Schatz and Committee members, for the 
opportunity to provide the City of Grants' views on this critical piece 
of legislation.
                                 ______
                                 
    Prepared Statement of Michael A. Hamman, P.E., New Mexico State 
                                Engineer
    Mr. Chairman Schatz, Vice Chair Murkowski, and members of the 
Committee, I am Michael A. Hamman, P.E., New Mexico State Engineer. My 
agency, the Office of the State Engineer, is responsible for the 
administration of water rights in New Mexico. The State Engineer has 
authority over the supervision, measurement, appropriation, and 
distribution of all surface and groundwater in New Mexico, including 
all interstate streams and rivers. I appreciate the opportunity to 
submit this testimony to you today and provide comments on behalf of 
the State of New Mexico in support of the Pueblos of Acoma and Laguna 
Water Rights Settlement Act of 2022, S.4898.
    This legislation offers a historic opportunity to authorize funding 
for the Pueblos of Acoma and Laguna to secure and develop water 
sufficient to support their permanent homeland, while also protecting 
the scarce water supplies and existing water uses in the Rio San Jose 
Stream System in western New Mexico. It will also resolve the water 
rights claims of the Pueblos by authorizing, ratifying and confirming a 
comprehensive settlement agreement among the State, the Pueblos of 
Acoma and Laguna, the City of Grants, the Village of Milan, and the 
Association of Community Ditches of the Rio San Jose, along with its 
nine area Acequias and community ditches. The settlement represents the 
culmination of 40 years of litigation and subsequent negotiations among 
the signatories, Navajo Nation, and the United States as trustee for 
the Pueblos and Nation, and would not have been possible without their 
support and active participation in the negotiations. In addition, we 
are hoping to finalize a supplemental settlement that will resolve the 
claims of the Navajo Nation within the Rio San Jose stream system as 
well, which will bring additional certainty and finality for all 
parties.
    The Rio San Jose stream system is located in western New Mexico and 
is one of the most water-scarce stream systems in the State. For 
centuries, the Pueblos of Acoma and Laguna irrigated thousands of acres 
along the Rio San Jose and its tributaries. This supply has been 
dramatically reduced as a result of upstream uses of surface water and 
groundwater by non-Pueblo users over the past century. One of these 
uses, uranium mining, has led to widespread contamination of 
groundwater in the area.
    Most Acequias and other traditional non-Pueblo water uses in this 
region date back to the 1800s and rely on diminished surface water 
supply. Acequias have suffered from the same drop in surface supplies 
as the Pueblos. Current Acequia irrigation is only a fraction of what 
it was historically due to lack of water supply.
    Today, the Pueblos of Acoma and Laguna, the City of Grants, the 
Village of Milan, various Acequias, Navajo Nation chapters and 
industrial users continue to rely on water from the Rio San Jose stream 
system, including surface water from the Rio San Jose, and groundwater 
from the Bluewater and Rio Grande Basins. Climate change has compounded 
the lack of water, and, like other western states, New Mexico is 
experiencing extended periods of drought, furthering the strain on 
surface water supply.
    The proposed settlement will quantify the water rights of Acoma and 
Laguna Pueblos. It will also provide funding for the development of 
alternative water sources for the Pueblos. It will also provide state 
funding for needed infrastructure improvements for non-Pueblo settling 
parties. Authorizing the settlement will avoid the uncertainty and 
expense of protracted litigation regarding the Pueblos' senior water 
rights claims. This settlement will resolve 40 years of litigation 
regarding the Pueblos' water rights. If the rights of the Pueblos were 
litigated to their conclusion, the only way to increase the flows of 
the Rio San Jose for the benefit of the Pueblos would be to shut off 
all other users in the steam system. Instead of seeking to curtail 
other water users, the settlement contemplates the need to find 
alternative sources of supply for the Pueblos.
    Recognizing the need for cooperation among the water users in the 
stream system and the limited water resources available, the settlement 
agreement is structured to allow the Pueblos to develop alternative 
sources of water based on availability, hydrologic assessment, and 
community need. Additionally, authorizing a fund-based settlement 
provides the Pueblos flexibility to determine the scope and design of 
future projects and infrastructure.
    The Acequias, the City of Grants and the Village of Milan will 
receive funding from the State to improve water and wastewater 
infrastructure, which will contribute to the efficiency and 
conservation in the overall stream system. This approach also 
prioritizes Pueblo sovereignty and self-determination by ensuring that 
the Pueblos are able to make decisions based on the current and future 
interests of their communities, while also considering water use in the 
neighboring non-Pueblo communities.
Benefits of the Settlement
    The settlement benefits the Pueblos and non-Pueblo water users by 
fully resolving the water rights claims of the Pueblos while 
recognizing the unique hydrologic characteristics of the Rio San Jose 
Stream System, and the historic, social, cultural, and geographic 
characteristics of each Pueblo, the Navajo Nation, and non-Pueblo water 
users. The settlement also recognizes the right of each Pueblo to use 
water for its own people and purposes and provides for quantification 
of Pueblo water rights, reliability of supply, and economic development 
for the Pueblos, both now and into the future.
    As part of the Settlement Act, the Pueblos have agreed to give up 
their right to request a priority call on junior non-Pueblo water 
rights holders, providing security to all water rights holders while 
also protecting Pueblo and non-Pueblo water rights in the Rio San Jose 
stream system from impairment. The Pueblos have also agreed not to 
impair other users in development and use of groundwater for Pueblo 
projects, and to limit new depletions on the Rio Grande.
    The State believes that the funding authorized by the Settlement 
Act will contribute to Pueblo water security and provide significant 
economic benefits and employment opportunities to Pueblo members and 
residents of the other communities in the stream system. There will 
also be broader statewide economic benefits because the scope of these 
projects will create demand for additional labor, construction, and 
technical expertise from elsewhere in the State.
    Finally, the Settlement Agreement creates a mechanism for 
cooperation and coordination among the Pueblos and the State regarding 
water rights administration, thereby avoiding jurisdictional conflicts 
and allowing for comprehensive administration across the stream system.
    Mr. Chairman Schatz, Vice Chair Murkowski, and members of the 
Committee, the State of New Mexico asks you to support S. 4898. This 
legislation will authorize a settlement agreement that is the 
culmination of many years of good faith negotiation among the 
communities of the Rio San Jose stream system. If approved, the 
settlement agreement will create certainty regarding water rights of 
the Pueblos and security for all water users in the basin. 
Additionally, the infrastructure projects for which the parties seek 
funding under the Settlement Act are intended to ensure a sustainable 
water supply that it is critical to the continued habitability and 
enjoyment of the land for generations to come.

    I appreciate the opportunity to submit this testimony to you today 
and provide comments on behalf of the State of New Mexico in support of 
the Pueblos of Jemez and Zia Water Rights Settlement Act of 2022, S. 
4896.
    The Pueblo of Jemez, Pueblo of Zia, the State of New Mexico, the 
Jemez River Basin Water Users Coalition and the City of Rio Rancho have 
reached an agreement after nearly forty years of litigation and 
intensive settlement negotiations. The United States as trustee for the 
Pueblos of Jemez and Zia actively participated in the negotiations and 
we could not have arrived at an agreement without their support. It is 
no small matter that the local parties reached this settlement, and 
together we urge your support for the Act which would authorize, ratify 
and confirm the historic settlement agreement.
    New Mexico is a semi-arid to arid state. Like other western states, 
New Mexico is experiencing extended periods of drought and declining 
surface water supply due to climate change. These conditions threaten 
many of the deeply rooted cultural traditions that make New Mexico 
unique. This is certainly the case in the Jemez River Basin where the 
Pueblos and non-Pueblo acequias rely on the river for traditional 
irrigation practices that have existed since long before New Mexico 
statehood.
    The Jemez River Basin is located in north central New Mexico, and 
the Jemez River is a tributary to the Rio Grande. The water users in 
this basin include the villages of San Ysidro and Jemez Springs, 
unincorporated areas surrounding them consisting of well-established 
acequias, and the Pueblos of Zia, Jemez and Santa Ana. Members of these 
communities have lived and worked side by side for many generations and 
during this time, water supply has dwindled while the demand has only 
increased. This stress finally came to a head and in 1983, a general 
stream system adjudication to determine all water rights in the Jemez 
River stream system was filed. Despite years of ongoing litigation, the 
people of the Jemez River Basin continued to live and work together. An 
example of their cooperative approach to managing scarce water 
resources is that in 1996, the U.S., the Pueblos of Jemez and Zia and 
several non-Pueblo ditch associations entered into an agreement whereby 
during times of low flow of the Jemez River, a rotation schedule would 
be initiated in order to meet the irrigation requirements of the 
Pueblos and the associations and the religious and ceremonial 
requirements of the Pueblos. In 1997, the court ordered, at the 
parties' request, that the Office of the State Engineer act as water 
master to help with administration of the rotation schedule. I think 
all the parties would agree that the rotation schedule has been 
successful with few disputes. These same communities who have lived and 
worked side by side and jointly manage a reduced water supply are now 
here asking for your support for the Settlement Act.
    The Settlement Act is key to resolving long-standing water issues 
in the Jemez River Basin, as it addresses the quantification of the 
Pueblos' water rights, protects water users in the Basin from 
impairment of their water rights, and will help ensure a sustainable 
water supply into the future.
    Importantly, this legislation will authorize federal funding for 
the Pueblos' share of costs associated with an irrigation water 
``Augmentation Project'' and other Pueblo irrigation infrastructure 
improvements, Pueblo drinking water and wastewater infrastructure 
improvements, watershed protection, water-related Pueblo community 
welfare and economic development, and other costs related to 
implementation of the settlement agreement. The State of New Mexico has 
agreed to fund the San Ysidro Community Ditch Association's capital and 
operating expenses relating to the Augmentation Project, and much 
needed ditch improvements for the Coalition's member acequias. The 
State will also fund a Jemez River Basin water master if appointed by 
the New Mexico State Engineer.
    In sum, we believe this legislation has been carefully crafted to 
address water supply needs of the Pueblos and the neighboring non-
Pueblo communities in the Jemez River Basin.
Water Augmentation Project
    Because surface water availability in the Jemez River is highly 
variable, two separate groundwater well fields are contemplated to 
augment the surface water supply from the Jemez River to the Pueblos 
and the San Ysidro Community Ditch. One well field will be situated on 
the Pueblo of Jemez in and near the Jemez River alluvium. The second 
well field will be situated on the Pueblo of Zia southwest of the Jemez 
River, near Zia Lake. The augmentation wells will provide groundwater 
for irrigation use by the two Pueblos and members of the San Ysidro 
Community Ditch Association during periods of insufficient surface flow 
in the Jemez River. The two Pueblos and the San Ysidro Ditch 
Association will each be responsible for carrying out their respective 
Project obligations.
Benefits of the Settlement
    The Settlement Act benefits both Pueblo and non-Pueblo water users 
by fully resolving the water rights claims of the two Pueblos that have 
been pending for nearly forty (40) years in the adjudication case, and 
by resolving issues and disputes related to water use in a manner that 
recognizes the unique historic, social, cultural, and geographic 
characteristics of both Pueblo and non-Pueblo water users, and the 
unique hydrologic characteristics of the Jemez River Basin.
    As part of the Settlement Act, the Pueblos have agreed to give up 
their right to request a priority call on junior non-Pueblo water 
rights holders, providing security to all water rights holders while 
also protecting Pueblo and non-Pueblo water rights in the Jemez River 
Basin from impairment. The settlement also provides for the 
establishment of a water master district as a means for administering 
the basin for the benefit of all water users. Water master 
administration respects the sovereignty and the rights of each Pueblo 
as well as the traditional practices and political subdivision status 
of the acequias that deliver irrigation water to the non-Pueblo 
communities in the basin.
    The Settlement Act contemplates federal funding to the Pueblos and 
state funding to the San Ysidro Community Ditch to use groundwater to 
augment their surface water supplies. As addressed above, this mutual 
benefit project provides for alternative administration between the two 
Pueblos and non-Pueblo water users and is intended to supplement 
surface water supply during periods of low flow. This groundwater 
augmentation project will benefit all users, including ten (10) 
upstream acequias who, once the project is operational, will no longer 
be subject to curtailment from Pueblo priority calls. By providing a 
critical buffer against climate change's effects on surface water 
supplies, the augmentation project other settlement-funded improvements 
will help preserve ancient cultural and agricultural practices, 
strengthen the relationship between Pueblo and non-Pueblo communities, 
and provide a reliable supply of irrigation water in a chronically 
water-short basin.
    The State believes that the water infrastructure projects 
authorized and funded by the Settlement Act will provide significant 
economic benefits and employment opportunities to Pueblo members and 
residents of the other communities in the basin. There will also be 
broader statewide economic benefits because the scope of these projects 
will create demand for additional labor, construction, and technical 
expertise from elsewhere in the state.
    Mr. Chairman Schatz, Vice Chair Murkowski, and members of the 
Committee, the State of New Mexico asks you to support S. 4896. This 
legislation will authorize a settlement agreement that is the 
culmination of many years of good faith negotiation between the 
communities of the Jemez River Basin. If approved, the settlement 
agreement will create certainty regarding water rights of the Pueblos 
and security for all of the water users in the basin. Additionally, the 
infrastructure projects for which the parties seek funding under the 
Settlement Act are intended to ensure a sustainable water supply that 
it is critical to the continued habitability and enjoyment of the land 
for generations to come.
                                 ______
                                 
 Prepared Statement of Hon. Felix O. Gonzales, Mayor, Village of Milan
    Mr. Chairman Schatz, Vice Chair Murkowski, and members of the 
Committee, I am Felix O. Gonzales, Mayor of the Village of Milan, New 
Mexico. I appreciate the opportunity to submit this testimony to you 
today and provide comments on behalf of the Village of Milan in support 
of the Pueblos of Acoma and Laguna Water Rights Settlement Act of 2022, 
Senate Bill 4898.
    The Pueblos of Acoma and Laguna, the State of New Mexico, the City 
of Grants, the Village of Milan, and the Association of Community 
Ditches of the Rio San Jose and its nine member-acequias and community 
ditches, have reached a Settlement Agreement resolving the water rights 
claims of the two Pueblos within the Rio San Jose Basin which have been 
the subject of intense litigation and negotiation since the 1980s. 
Milan and the other settlement parties are justifiably proud of their 
accomplishment and urge your support for the Settlement Act which would 
authorize, ratify and confirm the Settlement Agreement.
    Passage of this legislation authorizing the Settlement Agreement is 
vitally important to the Village of Milan for several reasons. First, 
under the Settlement Agreement the Pueblos have agreed, as a condition 
to settlement of their water rights claims, to give up their right to 
request a priority call against junior non-Pueblo water users. This 
concession by the Pueblos protects Milan because the Pueblos have 
senior, time immemorial water rights, and enforcing their priority 
could restrict Milan's ability to provide water to residents and 
businesses within its municipal service area. The Settlement Agreement 
also establishes administrative and judicial procedures for Milan to 
protect its municipal water supply from impairment caused by the 
Pueblos' future development of their water rights. Finally, the 
Settlement Agreement provides for up to $11 million in State funding to 
the Village for much needed water infrastructure repairs and 
improvements including the repair and rehabilitation of municipal wells 
and water storage tanks, replacement of water distribution lines, and 
the Joint Grants-Milan Project for Water Re-Use, Water Conservation and 
Augmentation of the Rio San Jose. These and other features of the 
Settlement Agreement will help ensure a secure municipal water supply 
and reliable water infrastructure which are essential to Milan's 
ability to provide for the welfare of its residents now and into the 
future.
    Mr. Chairman and Committee members, the Village of Milan asks you 
to support S. 4898. This legislation is critically important to Milan 
and the other communities in the Rio San Jose Basin. The Settlement 
Agreement is the result of decades of negotiation between these 
communities and other stakeholders. If approved, the Settlement 
Agreement will create certainty regarding the Pueblos' water rights 
which will in turn provide security for Milan and the other non-Pueblo 
water users in the basin. Additionally, the infrastructure projects set 
out in the Settlement Agreement, including the projects for which the 
Pueblos seek federal funding under the Settlement Act, are intended to 
ensure a sustainable water supply for both Pueblo and non-Pueblo 
communities in the basin. Thank you for your consideration.
                                 ______
                                 
Prepared Statement of Gilbert Montoya, President, San Ysidro Community 
                           Ditch Association
    Chairman Schatz, Vice Chair Murkowski, and members of the 
Committee, I am Gilbert Montoya, President of the San Ysidro Community 
Ditch Association. I am pleased to submit this testimony in support of 
The Pueblos of Jemez and Zia Water Rights Settlement Act of 2022, S. 
4896. The San Ysidro Community Ditch is the largest member of the Jemez 
River Basin Coalition of Acequias. We respectfully seek your support 
for S. 4896, which will approve settlement of water rights claims of 
the Pueblos of Jemez and Zia and fund and provide critical benefits to 
all water users of the Rio Jemez stream system.
    At our meeting on May 11, 2022, our membership resoundingly 
approved the Settlement Agreement. Our Commission signed the Settlement 
Agreement, and we firmly believe S. 4896 will prove to be the most 
important piece of legislation affecting the water resources and 
traditional practices in our part of New Mexico. With your help in 
enacting this legislation, we will have the historic opportunity to 
assure a sufficient water supply in the Jemez Valley for many 
generations to come.
    Our acequia has provided water for irrigation since 1786, when 
Spanish settlers began farming in the Rio Jemez Valley. We are one of 
the most senior water users in the valley. Yet, because of inadequate 
and declining flows of the Rio Jemez, neither we nor the two Pueblos 
receive sufficient supply. Like the other Jemez acequias, we especially 
lack good supply during the summer, when irrigation water is most 
needed, because of an interim rotation agreement that has been in 
effect since 1996. It has become very difficult to grow crops within 
San Ysidro because of lack of supply.
    Under the settlement, our situation will markedly improve. A key 
feature of the settlement is the Augmentation Project that will serve 
San Ysidro and the two Pueblos. By constructing a water augmentation 
system, consisting of supplemental irrigation wells and ditch works, 
the three project partners will have enough water for a full supply in 
most years, and a much-enhanced supply even in dry years. San Ysidro 
will work hand in hand with the Pueblos to manage the system and make 
sure it remains operable over time and functions effectively to provide 
water to all three partners. The other acequias will also benefit 
because they will no longer be curtailed to get water downstream. This 
is a huge benefit for all concerned.
    The legislation will authorize federal funds to the Pueblos for 
costs associated with the Project and other water and wastewater 
infrastructure improvements. The State of New Mexico will fund San 
Ysidro's cost share of the Project and will fund ditch improvements for 
the other acequia members of the Coalition. Mr. Chairman, Madam Vice 
Chair and committee members, on behalf of the Association, I thank you 
for your attention to this important matter and ask you to approve this 
vital legislation.
                                 ______
                                 
Prepared Statement of Hon. Juanita Revak, President, Jemez River Basin 
                         Coalition of Acequias
    Chairman Schatz, Vice Chair Murkowski, and members of the 
Committee, I am Juanita Revak, President of the Jemez River Basin 
Coalition of Acequias, and I am pleased to submit this testimony in 
support of The Pueblos of Jemez and Zia Water Rights Settlement Act of 
2022, S. 4896.
    On May 11, 2022, the Coalition Board approved and signed the 
Settlement Agreement that is the basis of this legislation. We fully 
support the settlement and the legislation needed to implement it. We 
greatly welcome the Committee's consideration of this very important 
legislation.
    The Rio Jemez provides the vital supply of surface water for the 
Pueblos of Jemez and Zia and for eleven Acequias, or traditional 
community ditch associations, that are members of the Coalition. 
Although the Pueblos have time immemorial water rights and the Acequias 
have priority dates in the 1700s and 1800s, there is often shortage of 
surface supply. Under a 1996 rotation agreement, the Acequias can only 
divert one day a week when flows drop in the late spring, continuing 
through the summer and into the fall most years. This means through 
most of the growing season our members are severely restricted, only 
being able to divert water on Mondays. Climate change has made this 
situation worse by reducing supply overall and causing rotation to go 
into effect sooner and last longer.
    The settlement will solve this problem. The Pueblos will receive 
funding from Congress and the Acequias will receive funding from the 
State of New Mexico to improve irrigation infrastructure to increase 
water supply. The heart of the settlement is the Augmentation Project, 
which will include supplemental groundwater wells to be operated 
cooperatively to make up for shortage when surface flows dwindle. One 
of our members, the San Ysidro Community Ditch Association, will be a 
direct beneficiary of the project. Because the Pueblos will draw on 
groundwater when additional water for irrigation is needed, all our 
other Acequia members upstream will be relieved of the current rotation 
and may divert available surface supply. The result of this 
infrastructure approach is that the Pueblos and all the Acequias will 
have much more reliable supply and will no longer vie with one another 
for the scarce surface flows. In fact, a cornerstone of the 
Augmentation Project is cooperative management among the parties.
    The settlement recognizes additional water rights for the Pueblos 
but contains safeguards to protect other water users from curtailment 
or impairment. In particular, the Pueblos agree not to make priority 
calls against other water users, including domestic well owners. Also, 
the settlement will resolve issues concerning administration of water 
rights in a cooperative and transparent manner that will help avoid 
disputes in the future. Furthermore, the settlement contains provisions 
protecting traditional acequia practices and property rights.
    The Jemez Acequias have good relations with our Pueblo neighbors, 
and we surely welcome the end of four decades of litigation that has 
plagued our valley since the stream system adjudication, United States 
v. Abousleman et al., was filed in 1983. Over the last 40 years, the 
parties have been embroiled in litigation and lengthy settlement 
discussions to resolve conflicts over the limited surface waters of the 
Jemez Valley. Resolving the Pueblos' water rights claims through 
litigation or curtailing junior water users based on the Pueblos' 
senior priority would not solve the problem of increasing scarcity 
within the Jemez River Basin. The Settlement Agreement is the solution. 
It will provide funding for ``wet water'' projects to address this 
problem. It will foster harmony and cooperation among all water users.
    This is a well-crafted, inclusive and comprehensive settlement. 
Residents of the Jemez Valley are greatly encouraged and very 
supportive of this settlement. Mr. Chairman, Madam Vice Chair and 
committee members, the Coalition of Acequias respectfully urges you to 
approve this legislation and send it to the full Senate for action. 
With this testimony, I am attaching an informational document that we 
prepared earlier this year outlining our interests in, and significance 
of, this settlement.
    Attachment

                  JEMEZ ACEQUIAS--SETTLEMENT OVERVIEW
Introduction.
    The Coalition of eleven historic acequias on the Rio Jemez supports 
the settlement because it will protect their historic agricultural 
practices and will enhance good relations with the Pueblo of Jemez and 
the Pueblo of Zia. Currently in times of low flows, the acequias 
receive water only one day per week. Under the settlement, supply will 
be greatly increased for both Pueblo and acequia irrigation.

         Low flows on Rio Jemez. In the summer and into the fall, flows 
        on the Rio Jemez often drop to very low levels. Under the 
        settlement, the Pueblos and the San Ysidro Acequia will share 
        facilities to increase efficiency and will receive a greatly 
        needed supplemental supply from the new Groundwater 
        Augmentation Project. Upstream Acequias will no longer be 
        restricted to one day of irrigation per week.

History
    The Rio Jemez acequias began use of water in the late 1700s, after 
the Spanish Crown authorized Spanish settlements along the Rio Jemez 
Valley by establishment of the San Ysidro Grant in 1786 and the Canon 
de San Diego Grant in 1798. Following the Treaty of Guadalupe Hidalgo's 
recognition of prior existing rights in 1848, Congress confirmed the 
San Ysidro Grant by Act of June 21, 1860 and its 11,476 acres were 
patented in 1936; and Congress confirmed the Canon de San Diego Grant 
in 1860 and its 116,286 acres were patented in 1881. In 2000, the 
federal district court entered a final judgment and decree recognizing 
the acequias water rights on those grant lands.
Governance
    Each acequia is a separate governmental entity, governed by a 
three-member elected Commission and managed by an appointed Mayordomo. 
Each acequia carries on the historic practice of maintaining the shared 
diversion and community ditch to supply water to its members or 
``parciantes'' for the traditional irrigation of land within the old 
Spanish land grants. Under New Mexico law, acequias are political 
subdivisions of the State by statute.

         Cooperation: Low Flow Operations. Coalition former President 
        Gilbert Sandoval discusses the importance of working together 
        to reduce shortages. At this location, the new Orchard Farm 
        Junction Box will be constructed. It will deliver the augmented 
        supply to the San Ysidro Community Ditch, including to Zia 
        Pueblo's Orchard Farm.

Membership and Formation of Coalition
    The Jemez River Basin Water Users' Coalition was first formed by 
its member acequias as an association in the 1980s. In 2006 it was 
incorporated in order ``to protect and defend the water rights of 
acequias and their individual members'' in the Rio Jemez River Basin. 
The Coalition consists of all of the community ditches irrigating 
within the Rio Jemez stream system, a total of 11 acequias, as follows:

        Molino Ditch
        East Lateral Ditch
        West Lateral Ditch
        Jemez Springs Acequia
        West-side Ditch
        West Ditch
        South Upper Ditch
        Canyon Community Ditch
        Lower Canyon Ditch
        Ponderosa Ditch
        San Ysidro Community Ditch
        Association
                                 ______
                                 
  Prepared Statement of Larry Carver, President of the Association of 
            Community Ditches of the Rio San Jose
    Chairman Brian Schatz and Committee members, I am Larry Carver, 
president of the Association of Community Ditches of the Rio San Jose 
(``Association''), representing the nine acequias and community ditches 
in Cibola County, New Mexico. I appreciate the opportunity to submit 
this statement, on behalf of the Association, in support of the Pueblos 
of Acoma and Laguna Water Rights Settlement Act of 2022, Senate Bill 
4898.
    After an intensive period of settlement negotiations extending over 
approximately eight years, the Pueblos of Acoma and Laguna, the State 
of New Mexico, the City of Grants, the Village of Milan, and the 
Association and its member acequias and community ditches have reached 
a Settlement Agreement resolving the water rights claims of the two 
Pueblos in the Rio San Jose Stream System. These claims have been the 
subject of intense litigation among the settlement parties since the 
1980s.
    Each of our member acequias and community ditches is organized or 
recognized under the laws of the State of New Mexico as political 
subdivisions of the State. These members are respectively Seboyeta 
Community Irrigation Association, La Acequia Madre del Ojo del Gallo, 
Moquino Water Users Association II, Murray Acres Irrigation 
Association, San Mateo Irrigation Association, Cubero Acequia 
Association, Cebolletita Acequia Association, Community Ditch of San 
Jose de la Cienega, and Bluewater Toltec Irrigation District. These 
nine Acequias comprise all the non-Indian irrigation in the Rio San 
Jose Basin and also represent the second most senior water rights in 
the Basin. Some of these member Acequias have been irrigating for over 
two hundred years. Only the Pueblos have some priorities which are more 
senior to those of the Acequias and their members. The Association and 
its member Acequias ask the Committee to support the Settlement Act, 
which would authorize, ratify and confirm the Settlement Agreement 
which has resulted from all our hard work.
    The Association supports passage of S. 4898 authorizing the 
Settlement Agreement because it contains provisions designed to protect 
the ability of the Acequia members to continue to irrigate their lands 
and preserve their customs for many decades to come. First, the Pueblos 
have agreed, as a condition to settlement of their water rights claims, 
to give up their right to make a priority call against junior non-
Pueblo water users. A Pueblo priority call against Acequia irrigation 
uses would lead to lengthy and costly litigation and inevitable rancor 
among Pueblo and non-Pueblo neighbors, without contributing at all to 
improving water supplies or water distribution system efficiency for 
any water users. The Acequias would rather devote their time, energy 
and resources to addressing the water shortage situation. Second, the 
Settlement Agreement will also protect the Acequias' water supplies and 
historic uses from potential impacts from any future Pueblo water 
projects and changes in their water uses. The Pueblos will also 
implement administrative procedures applicable to their water rights 
that will enable the Acequias to protect their water sources and uses 
from impairment caused by the Pueblos' future development of their 
water rights. Pueblo administrative actions will be reviewable by 
appeal to the New Mexico District Court for the 13th Judicial District 
which will retain jurisdiction to interpret and enforce the Settlement 
Agreement and to review Pueblo administrative decisions, for which 
limited purposes the Pueblos have agreed to waive their sovereign 
immunity. Finally, the Settlement Agreement provides for $12 million in 
State funding to the Acequias for water supply and infrastructure 
improvements, costs related to evaluation of Pueblo projects and other 
water related uses. The Acequias have suffered from the same reduction 
in water supplies as the Pueblos and the non-Pueblo irrigation is now 
drastically reduced from what it was historically. Without improvements 
in the Acequias' water supplies and without the ability to protect 
their water sources from developments by the Pueblos and other water 
users, the future for the Acequias is bleak. The $12 million in State 
funding and the administrative and judicial protections in the 
Settlement Agreement and S. 4898, along with other features of the 
Settlement Agreement, will help improved water supplies for the 
Acequias and their members.
    Mr. Chairman and Committee members, the Association of Community 
Ditches of the Rio San Jose and its member acequias and community 
ditches ask you to suppott S. 4898. We believe this Settlement 
Agreement is the best way of resolving the multi-decade long litigation 
over the water rights claims of the Pueblos in the Rio San Jose Basin. 
It will allow the stakeholders to move beyond the litigation which has 
bogged them down up to now and begin to develop efficiencies in their 
water supplies and water uses that will be necessary to survive climate 
change and future drought.
    The Acequias appreciate the opportunity to submit these comments 
and I thank you for considering my Statement.
                                 ______
                                 
                                         City of Rio Rancho
                                                   October 25, 2022
Dear Senator Lujan:

    On behalf of the City of Rio Rancho, I am asking for your support 
of S. 4896--the Pueblos of Jemez and Zia Water Rights Settlement Act of 
2022 (``Settlement Act''). The City of Rio Rancho is a party to the 
Settlement Agreement which forms the basis for the federal legislation 
embodied in S. 4896. As a participant in the many years of settlement 
negotiations leading to the Settlement Agreement and a party to the 
Agreement, the City fully supports the settlement and the legislation 
necessary to effectuate this important Agreement. The Governing Body 
approved the Settlement Agreement on June 9, 2022. I attach the City 
Resolution related to that approval.
    As you know, the Settlement Act has been referred to the Senate 
Indian Affairs Committee. The City requests your assistance and support 
in enacting this important legislation. The City holds significant 
rights to water in the Rio Grande Basin and the Jemez River Basin for 
purposes of providing the essential water supply for all the municipal 
needs of the City's residents, commercial and industrial users. At 
present the City serves approximately 35,000 individual accounts which 
represents over 95,000 individual users. In addition to residential 
households, the City serves approximately 1,100 commercial and 
industrial users which include Intel, UNM Sandoval Regional Medical 
Center, Presbyterian Rust Medical Center, and Hewlett-Packard.
    The City's rights are to groundwater with attendant required rights 
to surface supply for the purpose of ``offsetting'' the City's effects 
on surface supply related to its groundwater pumping. The City's 
groundwater use necessary to supply its municipal needs has effects in 
the Jemez River Basin which it fully offsets. But supplies in the Jemez 
Basin are very limited and the development of future supply, 
administration of existing rights, and the unquantified water claims of 
the City's Pueblo neighbors Jemez and Zia and potential effects on the 
City, has been an issue of longstanding interest and concern to the 
City. The City has recognized for some time that, where possible, 
addressing rights to water is best accomplished through collaborative 
agreement and problem solving. The City has found that recognizing 
mutual rights to a shared water resource and finding common ground in 
agreement to address existing and future uses is the preferred most 
effective tool to solve the complex issues relating to the allocation 
and administration of our scarce water resources.
    After many years of litigation and then negotiation, the critical 
water interests in the Jemez River Basin (the Pueblos of Jemez and Zia, 
the Jemez River Basin Coalition of Acequias, the City of Rio Rancho, 
the State of New Mexico, and the United States) have been able to craft 
a successful agreement that addresses quantification of the claims of 
the Pueblos, protects existing water uses, addresses future water 
development needs and provides certainty for water use in and to the 
Jemez River Basin into the future. Significantly for the City, the 
Settlement Agreement provides for protections of the City's water 
rights and use; provides the City the ability to lease Pueblo water 
rights to address potential additional needs of the City in the future; 
and provides important certainty regarding the development and effects 
of existing and future water use with regard to both City and Pueblo 
water rights.
    The Settlement Agreement and Settlement Act represent the 
culmination of a significant comprehensive and collaborative effort to 
address the complex issues relating to use of the limited, shared water 
resources of the Jemez River Basin. The City of Rio Rancho requests 
your support for the Settlement Act necessary to implement the 
Settlement Agreement. Please do not hesitate to contact me should you 
or your staff have any questions regarding the City's support for and 
interests in the Settlement Act.

        Sincerely,
                      Greggory D. Hull, Mayor of Rio Rancho
                                 ______
                                 
                                         City of Rio Rancho
                                                   October 17, 2022
Dear Senator Lujan:

    I am the Governor for the Pueblo of Jemez and I write this letter 
in support of S. 4896, a bill to approve the settlement of water rights 
claims of the Pueblos of Jemez and Zia in the State of New Mexico, 
introduced on September 20, 2022 and referred to the Senate Committee 
oflndian Affairs. The successful conclusion of many years of settlement 
negotiations to finally resolve 39 years of litigation in United States 
v. Abousleman, et al. is a historic milestone for New Mexico, for our 
Pueblo and for waters generally in the Jemez River Basin. The 
Settlement Agreement provides significant benefits to my Pueblo and 
non-Pueblo water users, and it recognizes the unique historic, social 
and cultural practices of both Pueblo and non-Pueblo water users and 
the unique hydrologic characteristics of the Jemez Basin. Importantly, 
it establishes the rights of my Pueblo to use our water for our own 
purposes and provides for quantification of water rights, reliability 
of supply, and protection of surface and groundwater in the basin for 
future generations while allowing all parties to fully exercise their 
water rights. It also provides economic development for my Pueblo now 
and into the future.
    My Pueblo representatives and the Parties to this settlement have 
engaged in many years of negotiations, and the Settlement Agreement is 
the product of their numerous hours of collaborative hard work and 
effort. Our legal counsel, Tribal Water Team and technical expert have 
kept my Tribal Council informed over many years and my Tribal Council 
was pleased and relieved when settlement was reached, as these issues 
have gone much too long unresolved. A Tribal Council Resolution was 
unanimously passed by my Tribal Council approving the Settlement 
Agreement.
    As you know, it is only through the passage of federal implementing 
legislation that the significant benefits of this historic water 
settlement can become a reality. For this reason, the Pueblo of Jemez 
asks for your support and assistance in ensuring that S. 4896 receives 
a hearing and is reported out of the Senate Indian Affairs Committee, 
and your additional support and assistance to secure full passage of 
this legislation in the 11 7th Congress. Your support and leadership 
would be very meaningful to our people, and we believe is in the best 
interest of the State of New Mexico. Should you need any additional 
information, please let us know. Thank you for your assistance and we 
look forward to working with you and your staff in this very crucial 
piece of legislation.

        Respectfully,
                             Raymond Loretto, DVM, Governor
                                 ______
                                 
                     San Ysidro Community Ditch Association
                                                   October 20, 2022
Dear Senator Lujan:

    I am pleased to submit this letter on behalf of the San Ysidro 
Community Ditch Association. We are the largest member of the Jemez 
River Basin Coalition of Acequias. Our Association respectfully seeks 
your support for S. 4896, which will approve settlement of water rights 
claims of the Pueblos of Jemez and Zia and fund and provide critical 
benefits to all water users of the Rio Jemez stream system.
    At our meeting on May 11, 2022, our membership resoundingly 
approved the Settlement Agreement. Our Commission signed the Settlement 
Agreement, and we firmly believe S. 4896 will prove to be the most 
important piece of legislation protecting the water resources and 
traditional practices in our part of New Mexico. With your help in 
enacting this legislation, we will have the historical opportunity to 
assure a sufficient water supply in the Jemez Valley for many 
generations to come.
    The adjudication court has decreed that our acequia has been 
irrigating 500 acres since 1786. We are one of the most senior water 
users in the valley. Yet because of inadequate and declining flows of 
the Rio Jemez, neither we nor the two Pueblos receive sufficient 
supply. Like the other Jemez acequias, we especially lack good supply 
during the summer, when irrigation water is most needed, because of the 
current 1996 rotation agreement. It has become very difficult to grow 
crops within San Ysidro because of lack of supply.
    Under the settlement, our situation will markedly improve. A key 
feature of the settlement is the Augmentation Project that will serve 
San Ysidro and the two Pueblos. By constructing a water augmentation 
system, consisting of supplemental irrigation wells and ditch works, 
the three beneficiaries will have enough water for a full supply in 
most year, and a much-enhanced supply even in dry years. San Ysidro 
will work hand in hand with the Pueblos to manage the system and make 
sure it remains operable over time and functions effectively to provide 
water to all three beneficiaries. The other acequias will also benefit 
because they will no longer be curtailed to get water downstream. This 
is a huge benefit for all concerned.
    The legislation will authorize federal funds to the Pueblos for 
costs associated with the Project and other water and wastewater 
infrastructure improvements. The State will fund San Ysidro's cost 
share of the Project and will fund ditch improvements for the other 
acequia members of the Coalition.
    Please let us know if we may provide any additional information. 
Along with the Coalition, we will be submitting testimony to the Senate 
Indian Affairs Committee.

        Truly Yours,
                      Gilbert Montoya, Commission President
                                 ______
                                 
           STATE OF NEW MEXICO OFFICE OF THE STATE ENGINEER
                                                   October 28, 2022
Dear Senator Lujan:

    The State of New Mexico appreciates the opportunity to convey the 
State's full support of Senate Bill 4896, Pueblos of Jemez and Zia 
Water Rights Settlement Act of 2022. This Bill seeks to authorize, 
ratify and confirm the settlement agreement among the State, the 
Pueblos of Jemez and Zia, the United States as trustee, the City of Rio 
Rancho, the Jemez River Basin Water Users Coalition, of which the San 
Ysidro Community Ditch Association is one of the eleven member 
coalition of acequias.
    The settlement agreement will resolve the water rights claims of 
the Pueblos of Jemez and Zia and provides funding for much needed water 
supply infrastructure to the Pueblos and non-Pueblo water users in the 
Jemez River Basin. These claims arise from the trespass suit filed by 
the United States on behalf of the Pueblos in 1983 and proceeded in the 
United States District Court, District of New Mexico as a general 
stream adjudication of the water rights of all users in the Jemez River 
Basin (United States of America, et al. v. Abousleman, et al., Civil 
No. 83-cv-01041 (KR)). The water rights of non-Pueblo claimants have 
been adjudicated, and the Pueblos have the only claims remaining in the 
Basin.
    The settlement represents the culmination of 40 years of litigation 
and subsequent negotiations and offers a historic opportunity to 
resolve long-standing concerns over the use of scarce water supplies in 
the Jemez Valley. The settling parties represent a majority of water 
users in the basin. Further, all major stakeholders within the stream 
system have either participated, or have been afforded the opportunity 
to participate, in both the initial litigation and subsequent 
settlement negotiations.
    Over the last 20 or more years, there have been public meetings, 
site visits and other forms of outreach. The State is confident that 
water users within the stream system are well aware of the ongoing 
efforts to resolve and quantify the water claims of the Pueblos, while 
also protecting nonIndian water uses.
    The settlement prevents conflict over surface water by providing 
federal funding to the Pueblos and state funding to the San Ysidro 
Community Ditch to use groundwater to augment their surface water 
supplies. This mutual benefit project provides for alternative 
administration between the two Pueblos and non-Pueblo water users and 
is intended to supplement surface water supply during periods of low 
flow. This ground water augmentation will benefit all users, including 
10 upstream acequias who will no longer be subject to curtailment from 
Pueblo priority calls. By providing a critical buffer against predicted 
climate change impacts on surface supplies, the augmentation of surface 
water and other proposed settlement projects will help preserve ancient 
cultural and agricultural practices and strengthen the relationship 
between Pueblo and non-Pueblo communities in the Jemez River Basin.
    Federal funding in the amount of $490 million is contemplated for 
water and wastewater infrastructure improvements, watershed protection, 
water-related Pueblo community welfare and economic development, and 
costs relating to implementation of the settlement. The State will fund 
the San Ysidro Community Ditch Association's capital and operating 
expenses relating to the augmentation project in the amount of $3.4 
million, and approximately $16 million for Jemez River Basin Water 
Users Coalition acequia ditch improvements. Finally, if the State 
Engineer finds it necessary to appoint a Water Master to manage water 
rights in the Jemez Basin, the State will fully fund this position and 
other necessary staff to fulfill the State's commitment to settlement 
implementation.
    The Pueblos have agreed to give up their right to request a 
priority call on junior non-Pueblo water rights holders, which provides 
security to all water rights holders. The settlement also provides for 
the establishment of a water master district to monitor and protect 
water resources in the Jemez River Basin for future generations while 
allowing all parties to fully exercise their water rights.

        Sincerely,
            Mike A. Hamman, P.E., New Mexico State Engineer
                                 ______
                                 
                                              PUEBLO OF ZIA
                                                   October 18, 2022
Dear Senator Lujan:

    For close to 40 years now water users in the Jemez Basin have been 
working towards a comprehensive determination of their respective water 
rights. While for approximately the first 30 years the focus was on 
litigation, with a substantial focus on the adjudication of non-Indian 
rights, over the last ten plus years the parties have focused on 
negotiating a settlement of the Pueblos' water rights. This summer the 
parties finally reached a comprehensive settlement of the water rights 
of Zia and Jemez Pueblos, including provisions on the administration of 
their rights and the rights of the non-Indian parties. In addition to 
the two Pueblos, parties to the settlement agreement include the State 
of New Mexico (the Governor, Attorney General and State Engineer are 
all signatories), Coalitions of basin acequias, and the City of Rio 
Rancho. To our knowledge, no one in the basin opposes the settlement.
    For Zia's part, our Tribal Council has unanimously approved this 
settlement and the ratifying legislation, and passage of the ratifying 
legislation is now Zia's number one priority. I enclose a copy of the 
Tribal Council resolution for your reference.
    We respectfully urge you to support, and ideally co-sponsor, S. 
4896.

        Sincerely,
                                   Gabriel Galvan, Governor
                                 ______
                                 
                                            PUEBLO OF ACOMA
                                                   October 24, 2022
Dear Senator Lujan:

    I write to you today to express the Pueblo of Acoma's strong 
support for S. 4898, the settlement of water rights claims of the 
Pueblos of Acoma and Laguna in the Rio San Jose Basin. This stream 
system has provided the only source of water for the Pueblo of Acoma 
for centuries and well before the arrival of the first Europeans to 
this region. You may be aware that Acoma is the oldest continuously 
inhabited community in the United States, if not North America. This 
legislation is the culmination of a decades long process to address 
critical water shortages for all water users in the basin, an area 
that's one of the most water-short places in the State of New Mexico. 
The Pueblo believes it will not only be able to survive, but also 
thrive along with its neighbors with the passage of this legislation.
    The present state of the Rio San Jose' Stream System is one of 
extreme scarcity, much ofit caused by the actions of the federal 
government, contested uses over the decades, and the result of climate 
change. The Pueblo's oral and written history indicates that the stream 
system met all of the Pueblo's water needs and created a sustainable 
ecosystem until the arrival of the United States in the region and the 
establishment of Fort Wingate in the l 860's. The military post was 
located upstream from the Pueblo and as the years progressed the 
Pueblo's water supply steadily decreased. In the 1920s an irrigation 
district was formed, again upstream, with far greater acreage than 
available water to irrigate. That led to groundwater mining as farmers 
drilled supplemental wells to irrigate their lands. Beginning in the 
1950s, the discovery of uranium in the basin resulted in a major 
federal effort to create and fund a uranium mining industry. Mine 
dewatering and uranium processing depleted remaining aquifers and over 
time resulted in significant contamination of the dwindling water 
supply. This was exacerbated in the 1980s when operators of an 
electrical generating station transferred irrigation water rights used 
only during the agricultural season to a full time, totally consumptive 
industrial use. Now, the Pueblo suffers water shortages daily for a 
wide variety of uses--domestic, commercial, municipal, agricultural, 
livestock and cultural uses.
    The primary sources of surface water in the Rio San Jose' are now 
very few. Spring flow discharged from the San Andres Glorieta aquifer 
and other aquifers that form Mt. Taylor have been mined so that most 
have gone dry. Only one spring, known as Horace Springs, produces a 
dwindling trickle that slowly flows across the Pueblo. Horace Springs 
is on the western boundary of the Acoma Pueblo Grant. In 1940 the 
decreased flow was 10 cubic feet per second, about twothirds the pre-
U.S. flow. Now, some 80 years later, the flow from the spring has 
dropped dramatically to as low as 1.8 cubic feet per second and rarely 
reaches 3 cubic feet per second. For the Ojo del Gallo parciantes and 
acequias south of the town of Grants, no water has flowed from Ojo del 
Gallo spring for decades. Also, because of climate change and long-term 
drought, snow melt from the Zuni and San Mateo Mountains is now 
significantly reduced. The drop in snow melt has also contributed to 
reduced water levels in streams and aquifers.
    In 1983 the United States initiated a lawsuit against non-Indian 
users in the basin to quantify the water rights of the Pueblos and seek 
damages for trespass to those water rights over the years. That led to 
the filing of a stream-wide adjudication, State ex rel. State Engineer 
v. Kerr-McGee, et al, that same year. After several years of litigation 
with no end in sight, but with water levels continuing to decline, the 
Pueblo of Acoma initiated negotiations with the State of New Mexico in 
2013 and extended the negotiations to all parties to the adjudication. 
Over the years the Pueblos met with parciantes of the acequias that 
rely on the river system, the municipalities in the basin, and 
industrial users whose rights are derived from the Bluewater-Toltec 
Irrigation District. Attorneys for the Pueblos of Acoma and Laguna, the 
nine acequias including the irrigation district, and the two 
municipalities, with participation by the United States, have been 
negotiating in earnest since 2016 when the Court adjudication was 
stayed, which allowed for negotiations to proceed.
    This settlement is a major and collaborative achievement. The 
parties involved were determined to produce a regime for water use that 
would meet the needs of all users in ways that could not have been 
accomplished solely through adjudication. Early on, the negotiating 
parties determined that water use for domestic and livestock wells and 
ponds would not be affected by the settlement but would be quantified 
within the adjudication as it progressed under New Mexico law. Rather 
than continued litigation to limit junior users to meet the Pueblos' 
senior priority water rights, all of which would take significant time 
and financial resources, the parties have accepted limits on their 
water use. The limits are in line with water that can be reliably 
provided to meet the needs of the Pueblos through replacement water 
supplies that come from the last remaining aquifer in the basin, which 
is not presently the water source for any user. The proposed water to 
Acoma will come from a replacement water supply that is limited to an 
agreed quantity based only on past and present irrigation. The Pueblo 
is foregoing other potential rights under federal law in exchange for a 
system that will actually provide wet water to the Pueblo, not just 
paper rights.
    With this legislation, Acoma and its neighbors will have the 
necessary legal right to water and tools to insure a reliable wet water 
supply for present and future generations as the Pueblo and the 
immediate region face a future where water supply is far from certain. 
What the legislation will do is provide a level of certainty that 
allows for water planning over the long term to meet community and 
regional needs.
    Acoma urges you to support this region-wide collaborative effort to 
ensure a sustainable water future.

        Sincerely,
                                  Randall Vicente, Governor
                                 ______
                                 
                       BLUEWATER TOLTEC IRRIGATION DISTRICT
                                                  November 10, 2022
Dear Senator Lujan:

    We are writing on behalf of the Bluewater Toltec Irrigation 
District, a community ditch association in the Rio San Jose Basin, to 
ask your suppo1i for Senate Bill S. 4898 introduced on September 20, 
2022. This Bill gives Congressional approval of the Settlement 
Agreement for determination of the water rights of the Pueblos of Acoma 
and Laguna. This settlement was reached after many years and hundreds 
of hours of intense negotiations among the principal water right 
claimants in the Rio San Jose Basin in New Mexico, including this 
Association, and the other eight Acequias and Community Ditches located 
in the Rio San Jose Basin. We believe the Settlement Agreement contains 
many provisions beneficial to our Acequias and ditch associations and 
to this community as a whole. It brings this 40 year litigation over 
the Pueblos' water rights to a close while containing many protections 
for our own irrigation rights from the Pueblos' water uses. Of prime 
impo1iance, the Pueblos will not be able to make priority calls against 
our water rights, and we will have the ability to evaluate and protest 
new Pueblo water projects and changes in their water usage. Second, the 
State adjudication Court will retain jurisdiction to enforce and 
interpret the Settlement Agreement and appeals from Pueblo 
administrative decisions as to their water rights. The pmiies will be 
seeking State legislation to authorize such appeals to the State 
adjudication Court. In addition, $12 Million in State funding will be 
provided for development of water projects to improve and conserve our 
water supplies and evaluate and protest Pueblo water projects that 
might impact Acequia water supplies.
    Because of the many benefits it provides, our Association approved 
the Settlement Agreement on August 24, 2022 by vote of our board 
members meeting in quomm after public notice given in accordance with 
our Bylaws and the New Mexico Open Meetings Act. We are providing you a 
copy of our Resolution approving the Settlement Agreement with this 
letter. We fully suppo1i Senate Bill S. 4898 and urge you to do so. We 
would welcome the opportunity to discuss this further with you and your 
staffers and answer ooy questions you may have.
    Thank you for your representation of our interests and your efforts 
on our behalf.

        Sincerely,
                                    Rex Robinson, President
                                 ______
                                 
                                             City of Grants
                                                   November 8, 2022
Dear Senator Lujan:

    The City of Grants (''City'') strongly supports S. 4898 (the 
``Bill'') that quantifies and settles the water rights of the Pueblos 
of Acoma and Laguna and urges you to support the Bill. In a unanimous 
vote on May 6, the City Council approved the Local Settlement Agreement 
(``Settlement''). The Settlement would end four decades of litigation 
and provide funding for infrastructure to provide wet water to the 
Pueblos and significant benefits to the City, the Village of Milan and 
the nine Acequias in the area. In addition to the economic development 
fostered by the funding, the City would conserve water and upgrade its 
own water infrastructure with t he $12.5 million included in the 
Settlement to be provided from the State of New Mexico. The funding 
would pay for the Joint Grants-Milan Project for Water Re-Use, Water 
Conservation and Augmentation of the Rio San Jose t hat will provide 
additional wet water to the system.
    The City Council did not make this decision lightly-it has invested 
significant time and resources over t he past several years to build 
trust with t he other parties and work together to solve problems in 
the Rio San Jose Stream System. The City has participated in extensive 
meditation sessions over at least the past five years, working through 
a painstaking process to draft the Bill and the Settlement, which has 
been signed by all the parties.
    The Settlement and the Bill together protect the water rights of 
the City and others by allowing continued use of water rights without 
the threat of priority calls by the Pueblos. The Pueblos hold time 
immemorial priority dates and could create chaos if they chose to 
enforce their priorit ies. Further, the Settlement protects non-Pueblo 
water users for the future because the Pueblos agreed to prohibit 
impairment in any water rights permits they issue. The City and Pueblos 
also promise to take steps that will keep communications open and 
facilitate cooperate on water infrastructure in the future.
    We urge you, therefore, to support S. 4898 for the benefit of 
Grants, everyone in the Rio San Jose Basin, and New Mexico. We stand 
ready to answer any questions you have on this important Settlement and 
the Bill.

        Very truly yours,
         Erik Garcia, Mayor; Donald Jaramillo, City Manager
                                 ______
                                 
                  Community Ditch of San Jose de la Cienega
                                                   November 3, 2022
Dear Senator Lujan:

    We are writing on behalf of the Community Ditch of San Jose de la 
Cienega to ask your support for Senate Bill S. 4898 introduced on 
September 20, 2022. This Bill gives Congressional approval of the 
Settlement Agreement for determination of the water rights of the 
Pueblos of Acoma and Laguna. The settlement was reached after many 
years and hundreds of hours of intense negotiations among the principal 
water right claimants in the Rio San Jose Basin in New Mexico, 
including this Acequia and the other eight Acequias and Community 
Ditches located in the Rio San Jose Basin. We believe the Settlement 
Agreement contains many provisions beneficial to our Acequias and to 
this community as a whole. It brings this litigation over the extent of 
the Pueblos' water rights, which has gone on for 40 years, to a close 
while containing many protections for our own irrigation rights from 
Pueblo water uses. The Pueblos cannot make priority calls against our 
water rights and we will have the ability to evaluate and protest new 
Pueblo water projects and changes in water usage. Plus, we will receive 
State funding for development of water projects to improve and conserve 
our water supplies.
    Because of the many benefits it provides, our Acequia approved the 
Settlement Agreement on July 19, 2022 by vote of the members meeting in 
quorum after public notice given in accordance with our Bylaws and the 
New Mexico Open Meetings Act. We fully support Senate Bill S. 4898 and 
urge you to do so. We would welcome the opportunity to discuss this 
further with you and your staffers and answer any questions you may 
have.

        Sincerely,
                                     Harding Polk, Chairman
                                 ______
                                 
     Community Ditches of Rio San Jose Regional Association
                                                   November 3, 2022
Dear Senator Lujan:

    We are writing on behalf of the The Community Ditches of Rio San 
Jose Regional Association, this organization represents all nine 
Acequia and Irrigation Districts in the basin. We are requesting your 
support for Senate Bill S. 4898 introduced on September 20, 2022. This 
Bill gives Congressional approval of the Settlement Agreement for 
determination of the water rights of the Pueblos of Acoma and Laguna. 
The settlement was reached after many years and hundreds of hours of 
intense negotiations among the principal water right claimants in the 
Rio San Jose Basin in New Mexico, including all nine Acequias and 
Community Ditches located in the Rio San Jose Basin. The association 
has worked tirelessly with all these groups to organize meetings to 
insure complete understanding of the settlement itself. Our legal team 
has attended and explained all the pros and cons to the settlement. We 
believe the Settlement Agreement contains many provisions beneficial to 
our Acequias and to this community as a whole. It brings this 
litigation over the extent of the Pueblos' water rights, which has gone 
on for 40 years, to a close while containing many protections for our 
own irrigation rights from Pueblo water uses. The Pueblos cannot make 
priority calls against our water rights, and we will have the ability 
to evaluate and protest new Pueblo water projects and changes in water 
usage. Plus, we will receive State funding for development of water 
projects to improve and conserve our water supplies.
    Because of the many benefits it provides, The Regional Association 
strongly approved of the settlement and encouraged all Association 
Commissioners to work with their Parciantes/memberships through 
meetings, emails, and personal phone calls to fully explain and address 
any questions and/or concerns they may have had. The Acequia groups 
approved the Settlement Agreement on various dates, by vote of the 
members meeting in quorum after public notice given in accordance with 
their Bylaws and the New Mexico Open Meetings Act. We fully support 
Senate Bill S. 4898 and urge you to do so. We would welcome the 
opportunity to discuss this further with you and your staffers and 
answer any questions you may have.

        Sincerely,
                     Leon/Beverly Tafoya, Community Liaison
                                 ______
                                 
                                 Cubero Acequia Association
                                                   November 7, 2022
Dear Senator Lujan:

    We are writing on behalf of the Cubero Acequia Association, an 
acequia in the Rio San Jose Basin, to ask your support for Senate Bill 
S. 4898 introduced on September 20, 2022. This Bill gives Congressional 
approval of the Settlement Agreement for determination of the water 
rights of the Pueblos of Acoma and Laguna. The settlement was reached 
after many years and hundreds of hours of intense negotiations among 
the principal water right claimants in the Rio San Jose Basin in New 
Mexico, including this Acequia and the other eight Acequias and 
Community Ditches located in the Rio San Jose Basin. The association 
has worked tirelessly with all these groups to organize meetings to 
insure complete understanding of the settlement itself. Our legal team 
has attended and explained all the pros and cons to the settlement. We 
believe the Settlement Agreement contains many provisions beneficial to 
our Acequia and to this community as a whole. It brings this 40 year 
litigation over the Pueblos' water rights to a close while containing 
many protections for our own irrigation rights from Pueblo water uses. 
Of prime importance, the Pueblos will not be able to make priority 
calls against our water rights, and we will have the ability to 
evaluate and protest new Pueblo water projects and changes in water 
usage. Second, the State adjudication Court will retain jurisdiction to 
enforce and interpret the Settlement Agreement and appeals from Pueblo 
administrative decisions as to their water rights. The parties will be 
seeking State legislation to authorize such appeals to the State 
adjudication Court. In addition, $12 Million in State funding will be 
provided for development of water projects to improve and conserve our 
water supplies and evaluate and protest Pueblo water projects that 
might impact Acequia water supplies.
    Because of the many benefits it provides, our Acequia approved the 
Settlement Agreement on Saturday August 13, 2022 by vote of our 
parciantes meeting in quorum after public notice given in accordance 
with our Bylaws and the New Mexico Open Meetings Act. We fully support 
Senate Bill S. 4898 and urge you to do so. We would welcome the 
opportunity to discuss this further with you and your staffers and 
answer any questions you may have.
    Thank you for your representation of our interests and your efforts 
on our behalf.

        Sincerely,
                                       Peter Salazar, Chair
                                 ______
                                 
                         La Acequia Madre del Ojo del Gallo
                                                   November 7, 2022
Dear Senator Lujan:

    We are writing on behalf of the La Acequia Madre del Ojo del Gallo, 
an acequia in the Rio San Jose Basin, to ask your support for Senate 
Bill S. 4898 introduced on September 20, 2022. This Bill gives 
Congressional approval of the Settlement Agreement for determination of 
the water rights of the Pueblos of Acoma and Laguna. The settlement was 
reached after many years and hundreds of hours of intense negotiations 
among the principal water right claimants in the Rio San Jose Basin in 
New Mexico, including this Acequia and the other eight Acequias and 
Community Ditches located in the Rio San Jose Basin. The association 
has worked tirelessly with all these groups to organize meetings to 
insure complete understanding of the settlement itself. Our legal team 
has attended and explained all the pros and cons to the settlement. We 
believe the Settlement Agreement contains many provisions beneficial to 
our Acequia and to this community as a whole. It brings this 40 year 
litigation over the Pueblos' water rights to a close while containing 
many protections for our own irrigation rights from Pueblo water uses. 
Of prime importance, the Pueblos will not be able to make priority 
calls against our water rights, and we will have the ability to 
evaluate and protest new Pueblo water projects and changes in water 
usage. Second, the State adjudication Court will retain jurisdiction to 
enforce and interpret the Settlement Agreement and appeals from Pueblo 
administrative decisions as to their water rights. The parties will be 
seeking State legislation to authorize such appeals to the State 
adjudication Court. In addition, $12 Million in State funding will be 
provided for development of water projects to improve and conserve our 
water supplies and evaluate and protest Pueblo water projects that 
might impact Acequia water supplies.
    Because of the many benefits it provides, our Acequia approved the 
Settlement Agreement on Saturday August 25, 2022 by vote of our 
parciantes meeting in quorum after public notice given in accordance 
with our Bylaws and the New Mexico Open Meetings Act. We fully support 
Senate Bill S. 4898 and urge you to do so. We would welcome the 
opportunity to discuss this further with you and your staffers and 
answer any questions you may have.
    Thank you for your representation of our interests and your efforts 
on our behalf.

        Sincerely,
                                  Randall Chavez, President
                                 ______
                                 
                                           PUEBLO OF LAGUNA
                                                   October 19, 2022
Dear Senator Lujan:

    I write to you on behalf of the Pueblo of Laguna to wholeheartedly 
support S. 4898, a bill to approve the settlement of water rights 
claims of the Pueblos of Acoma and Laguna in the Rio San Jose Stream 
System in the State of New Mexico, and for other purposes.
    S. 4898 will resolve water supply problems more than a century in 
the making. It will support efforts to retain traditional agriculture, 
which the Pueblo of Laguna relied upon since time immemorial.
    Our Pueblo ancestors were farmers, dam builders and water 
engineers. They designed and built vast systems of irrigation ditches 
and massive reservoirs before the first Spanish contact with Pueblo 
people.
    The Laguna people maintained and rebuilt our dams and ditches for 
centuries, continuing throughout the Spanish and Mexican periods and 
into the American period. Then, over a century ago, the United States 
Indian Irrigation Service began replacing our irrigation systems with 
concrete structures but neglected to maintain or rebuild the concrete 
structures they imposed on us.
    We could not maintain these replacement structures using our 
traditional methods and materials. This federal neglect resulted in a 
degraded irrigation system that is no longer sufficient to provide 
water when it is available.
    During this same time, junior upstream users began taking the water 
until the Rio San Jose barely maintained a flow. Then they began 
pumping the groundwater, depleting the groundwater to the point that, 
even if all current junior water users ceased using water in the Rio 
San Jose basin, the system would not recover to provide historical flow 
levels in the Rio San Jose in the Pueblos reach for many decades, if 
ever.
    S. 4898 will provide mechanisms for the cooperative management, 
administration and protection of this sacred resource and funding for 
alternative water supplies for the Pueblos to ensure the health, safety 
and economic future for the people of Laguna and Acoma Pueblos. It will 
also provide water security to surrounding communities for decades to 
come.
    As a fund-based settlement, the bill provides each Pueblo with the 
ability to determine the best method for providing water to its people, 
allowing the Pueblos to fully realize their sovereign right to self-
determination.
    This settlement agreement, and the historic legislation that 
implements it, would not have been possible without the hard work and 
compromise of major stakeholders in the Rio San Jose basin, all of whom 
support both the settlement and this legislation. If you have any 
question about our position on S. 4898, please contact us.

        Sincerely,
                               Martin Kowemy, Jr., Governor
                                 ______
                                 
                        Murray Acres Irrigation Association
                                                   November 7, 2022
Dear Senator Lujan:

    We are writing on behalf of the Murray Acres Irrigation 
Association, a community ditch association in the Rio San Jose Basin, 
to ask your support for Senate Bill S. 4898 introduced on September 20, 
2022. This Bill gives Congressional approval of the Settlement 
Agreement for determination of the water rights of the Pueblos of Acoma 
and Laguna. The settlement was reached after many years and hundreds of 
hours of intense negotiations among the principal water right claimants 
in the Rio San Jose Basin in New Mexico, including this Association, 
and the other eight Acequias and and Community Ditches located in the 
Rio San Jose Basin. The association has worked tirelessly with all 
these groups to organize meetings to insure complete understanding of 
the settlement itself. Our legal team has attended and explained all 
the pros and cons to the settlement. We believe the Settlement 
Agreement contains many provisions beneficial to our Acequia and to 
this community as a whole. It brings this 40 year litigation over the 
Pueblos' water rights to a close while containing many protections for 
our own irrigation rights from Pueblo water uses. Of prime importance, 
the Pueblos will not be able to make priority calls against our water 
rights, and we will have the ability to evaluate and protest new Pueblo 
water projects and changes in water usage. Second, the State 
adjudication Court will retain jurisdiction to enforce and interpret 
the Settlement Agreement and appeals from Pueblo administrative 
decisions as to their water rights. The parties will be seeking State 
legislation to authorize such appeals to the State adjudication Court. 
In addition, $12 Million in State funding will be provided for 
development of water projects to improve and conserve our water 
supplies and evaluate and protest Pueblo water projects that might 
impact Acequia water supplies.
    Because of the many benefits it provides, our Acequia approved the 
Settlement Agreement on July 5, 2022 by vote of our parciantes meeting 
in quorum after public notice given in accordance with our Bylaws and 
the New Mexico Open Meetings Act. We fully support Senate Bill S. 4898 
and urge you to do so. We would welcome the opportunity to discuss this 
further with you and your staffers and answer any questions you may 
have.
    Thank you for your representation of our interests and your efforts 
on our behalf.

        Sincerely,
                                    Larry Carver, President
                                 ______
                                 
                              SAN MATEO ACEQUIA ASSOCIATION
                                                   October 21, 2022
Dear Senator Lujan:

    We are writing on behalf of the San Mateo Irrigation Association, 
an acequia in the Rio San Jose Basin, to ask your support for Senate 
Bill S. 4898 introduced on September 20, 2022. This Bill gives 
Congressional approval of the Settlement Agreement for determination of 
the water rights of the Pueblos of Acoma and Laguna. The settlement was 
reached after many years and hundreds of hours of intense negotiations 
among the principal water right claimants in the Rio San Jose Basin in 
New Mexico, including this Acequia, and the other eight Acequias and 
and Community Ditches located in the Rio San Jose Basin. The 
association has worked tirelessly with all these groups to organize 
meetings to insure complete understanding of the settlement itself. Our 
legal team has attended and explained all the pros and cons to the 
settlement. We believe the Settlement Agreement contains many 
provisions beneficial to our Acequia and to this community as a whole. 
It brings this 40 year litigation over the Pueblos' water rights to a 
close while containing many protections for our own irrigation rights 
from Pueblo water uses. Of prime importance, the Pueblos will not be 
able to make priority calls against our water rights, and we will have 
the ability to evaluate and protest new Pueblo water projects and 
changes in water usage. Second, the State adjudication Court will 
retain jurisdiction to enforce and interpret the Settlement Agreement 
and appeals from Pueblo administrative decisions as to their water 
rights. The parties will be seeking State legislation to authorize such 
appeals to the State adjudication Court. In addition, $12 Million in 
State funding will be provided for development of water projects to 
improve and conserve our water supplies and evaluate and protest Pueblo 
water projects that might impact Acequia water supplies.
    Because of the many benefits it provides, our Acequia approved the 
Settlement Agreement on July 19, 2022 by vote of our parciantes meeting 
in quorum after public notice given in accordance with our Bylaws and 
the New Mexico Open Meetings Act. We fully support Senate Bill S. 4898 
and urge you to do so. We would welcome the opportunity to discuss this 
further with you and your staffers and answer any questions you may 
have.
    Thank you for your representation of our interests and your efforts 
on our behalf.

        Sincerely,
                                  Richard Urenda, President
                                 ______
                                 
                  Seboyeta Community Irrigation Association
                                                   November 3, 2022
Dear Senator Lujan:

    We are writing on behalf of the Seboyeta Community Irrigation 
Association, an acequia in the Rio San Jose Basin, to ask your support 
for Senate Bill S. 4898 introduced on September 20, 2022. This Bill 
gives Congressional approval of the Settlement Agreement for 
determination of the water rights of the Pueblos of Acoma and Laguna. 
The settlement was reached after many years and hundreds of hours of 
intense negotiations among the principal water right claimants in the 
Rio San Jose Basin in New Mexico, including this Acequia, and the other 
eight Acequias and and Community Ditches located in the Rio San Jose 
Basin. The association has worked tirelessly with all these groups to 
organize meetings to insure complete understanding of the settlement 
itself. Our legal team has attended and explained all the pros and cons 
to the settlement. We believe the Settlement Agreement contains many 
provisions beneficial to our Acequia and to this community as a whole. 
It brings this 40 year litigation over the Pueblos' water rights to a 
close while containing many protections for our own irrigation rights 
from Pueblo water uses. Of prime importance, the Pueblos will not be 
able to make priority calls against our water rights, and we will have 
the ability to evaluate and protest new Pueblo water projects and 
changes in water usage. Second, the State adjudication Court will 
retain jurisdiction to enforce and interpret the Settlement Agreement 
and appeals from Pueblo administrative decisions as to their water 
rights. The parties will be seeking State legislation to authorize such 
appeals to the State adjudication Court. In addition, $12 Million in 
State funding will be provided for development of water projects to 
improve and conserve our water supplies and evaluate and protest Pueblo 
water projects that might impact Acequia water supplies.
    Because of the many benefits it provides, our Acequia approved the 
Settlement Agreement on August 23, 2022 by vote of our our board 
meeting in quorum after public notice given in accordance with our 
Bylaws and the New Mexico Open Meetings Act. We fully support Senate 
Bill S. 4898 and urge you to do so. We would welcome the opportunity to 
discuss this further with you and your staffers and answer any 
questions you may have.
    Thank you for your representation of our interests and your efforts 
on our behalf.

        Sincerely,
                                     Joseph F. Arite, Chair
                                 ______
                                 
                                           Village of Milan
                                                   October 25, 2022
Dear Senator Lujan:

    The Village of Milan, New Mexico, respectfully requests your 
support for Senate Bill 4898, the Pueblos of Acoma and Laguna Water 
Rights Settlement Act of 2022. This Bill would authorize and ratify the 
Settlement Agreement among the State of New Mexico, the Pueblos of 
Acoma and Laguna, the City of Grants, the Village of Milan, the 
Association of Community Ditches of the Rio San Jose, and the 
Association's nine member-acequias and community ditches. The Bill also 
would authorize the United States to sign the Settlement Agreement.
    The Settlement Agreement resolves the water rights claims of the 
Pueblos of Acoma and Laguna which have been the subject of litigation 
and negotiation between the settlement parties since the 1980s. The 
Board of Trustees of the Village of Milan unanimously approved the 
Settlement Agreement on May 11, 2022, because it protects and benefits 
the Village in several impo1iant ways. First, under the Settlement 
Agreement the Pueblos have agreed to give up their right to request a 
priority call against Milan and other junior non-Pueblo water rights 
holders. Second, the Settlement Agreement provides administrative and 
judicial procedures for protecting the Village's municipal water supply 
from impairment caused by the Pueblos' future development of their 
water rights. Third, the Settlement Agreement provides for up to $11 
million in State funding to the Village for much-needed water 
infrastructure repairs and improvements including the repair and 
rehabilitation of municipal wells, water storage tanks, replacement of 
water distribution lines, and the Joint Grants-Milan Project for Water 
Re-Use, Water Conservation and Augmentation of the Rio San Jose.
    A secure municipal water supply and reliable water infrastructure 
are vital to Milan's ability to provide for the welfare of its 
residents now and into the future. We therefore appreciate your Efforts 
in helping to enact this critically impo1tant piece of legislation. 
Please do not hesitate to contact us if we can provide any additional 
information.

        Respectfully,
                                      Felix Gonzales, Mayor
                               Linda Cooke, Village Manager
                                 ______
                                 
   TRIBAL COUNCIL RESOLUTION No. 2022-17--RESOLUTION APPROVING WATER 
RIGHTS SETTLEMENT AGREEMENT FOR THE PUEBLO OF JEMEZ IN THE JEMEZ RIVER 
                          STREAM ADJUDICATION
    At a duly called meeting of the Tribal Council of the Pueblo of 
Jemez, the following resolution was passed:

    WHEREAS, the Pueblo of Jemez, since 1983, has been involved in 
United States v. Abousleman, CV No. 83-1041, SC, a water adjudication 
in the United States District Court for the District of New Mexico for 
the Jemez River Basin; and

    WHEREAS, the Jemez Pueblo Tribal Council passed a joint resolution 
in the late 1990s with the Pueblos of Zia and Santa Ana expressing a 
desire to seek an alternative resolution to the Abousleman case by 
participating in water settlement negotiations; and

    WHEREAS, the Pueblo of Jemez, by Resolution No. 94-28, hired 
Natural Resources Consulting Engineers, Inc., as a consultant to 
provide and develop on behalf of the Pueblo, a water negotiation plan 
and strategy that will secure adequate water rights to meet Jemez 
Pueblo's present and future agricultural and non-agricultural water 
needs; and

    WHEREAS, pursuant to Resolution No. 95-43, the Tribal Council 
established the Jemez Pueblo Tribal Water Negotiation Team to assist 
the consultant and legal counsel on developing a water negotiation 
strategy and were authorized to engage in settlement negotiations and 
to advocate the Pueblo's best interests in the settlement negotiations 
in United States v. Abousleman; and

    WHEREAS, the Pueblo of Jemez has been engaged in settlement 
negotiations for many years on the Rio Jemez with the Pueblo of Zia, 
the State of New Mexico, Jemez River Basin Water Users Coalition, San 
Ysidro Community Ditch Association; City of Rio Rancho and the United 
States of America (as Trustee for the Pueblos of Jemez and Zia); and

    WHEREAS, the aforementioned parties in the Abousleman water rights 
case have negotiated, over numerous meetings and discussions, the 
attached Settlement Agreement which contain terms and provisions to 
resolve the Pueblo's water rights claims on the Rio Jemez; and

    WHEREAS, the Agreement recognizes the water rights of the Pueblo of 
Jemez based on historic uses, as well as rights to future uses of water 
within the Jemez River Basin and provides for alternative 
administration between the Pueblos and nonpueblo water users centered 
around groundwater augmentation intended to supplement surface water; 
and

    WHEREAS, the Settlement Agreement benefits the Pueblo of Jemez by 
fully resolving the water rights claims of the Pueblo that have been 
pending for 39 years in Federal Court quantifying the Pueblo's water 
rights to historically irrigated acreage, domestic, commercial, 
municipal and industrial uses, livestock uses and economic development 
water for its own people now and into the future; and

    WHEREAS, the Settlement of the Pueblo's water rights will provide 
the federal funding from Congress to develop its water rights now and 
into the future providing for employment opportunities and other 
economic benefits to Pueblo members from construction, operation and 
maintenance of numerous settlement projects and improvements.

    NOW THEREFORE BE IT RESOLVED that the Tribal Council hereby 
approves the water rights Settlement Agreement entitled ``Pueblos of 
Jemez and Zia Water Rights Settlement Agreement'' negotiated by Pueblo 
of Jemez, Pueblo of Zia, the State of New Mexico, Jemez River Basin 
Water Users Coalition, San Ysidro Community Ditch Association; City of 
Rio Rancho and the United States of America (as Trustee for the Pueblos 
of Jemez and Zia) the parties in United States v. Abousleman and 
authorize the Governor to sign the --Settlement Agreement on behalf of 
the Pueblo of Jemez.

    BE IT FURTHERMORE RESOLVED that the Governors, the Jemez Tribal 
Water Negotiation team, legal counsel and our technical experts, 
Natural Resources Consulting Engineers, Inc., are authorized to engage 
in lobbying efforts with our New Mexico Congressional delegates, 
members of Congress and Committees in Congress to have the settlement 
legislation introduced and passed in Congress.
                                 ______
                                 
 RESOLUTION NO. 22-11--APPROVING AND AUTHORIZING PUEBLOS OF JEMEZ AND 
         ZIA WATER RIGHTS SETTLEMENT LOCAL SETTLEMENT AGREEMENT
    At a duly called meeting of the Pueblo of Zia Tribal Council, the 
following resolution was adopted:

    WHEREAS, the Pueblo of Zia (the ``Pueblo'') is a federally 
recognized tribe that acts through its governing body, the Tribal 
Council, which is charged with decisionmaking in all matters relative 
to tribal natural resources and the general welfare of the tribe and 
its tribal members;

    WHEREAS, Pueblo of Zia and the Pueblo of Jemez, the United States 
of America as trustee for the Pueblo of Jemez and the Pueblo of Zia, 
the State of New Mexico, the Jemez River Basin Water Users Coalition, 
of which the San Ysidro Community Ditch Association is one of 11 member 
acequias of the Coalition, and the City of Rio Rancho (collectively the 
``Parties'') have been actively involved in negotiations to resolve 
issues concerning the rights to the use of the waters of the Jemez 
River Basin, in the pending case United States of America, on its own 
behalf, and on behalf of the Pueblos of Jemez, Santa Ana, and Zia; and 
State of New Mexico, ex rel. State Engineer, Plaintiffs; and Pueblos of 
Jemez, Santa Ana, and Zia, Plaintiffs-in-Intervention v. Tom 
Abousleman, et al., Defendants, Civil No. 83-cv-01041 (KR);

    WHEREAS, the Parties have reached a settlement agreement 
quantifying the Pueblo's water rights in the Jemez River basin and 
resolving other issues, the specific terms and conditions are set forth 
in the Local Settlement Agreement attached hereto;

    WHEREAS, the Tribal Council has carefully considered the attached 
Local Settlement Agreement, has consulted with legal counsel on it, and 
believes that it is in the best interests of the Pueblo to approve it.

    NOW, THEREFORE, BE IT RESOLVED, that the Local Settlement Agreement 
is hereby approved, and the Governor is authorized to sign the 
Agreement on behalf of the Pueblo.

    BE IT FURTHER RESOLVED, that the Governor is authorized and 
directed to take such further actions as are necessary and appropriate 
to carry out the purposes and intent of this Resolution.
                                 ______
                                 
 Resolution Approving Settlement Agreement in State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et al. Cibola Cause No. D-1333-
 CV-198300190 and No, D-1333-CV-198300220 (Combined) Resolution No. 22-
                                   02
    WHEREAS, Bluewater-Toltec Irrigation District (``District'') is an 
organized community ditch and pursuant to  73-2-28, NMSA 1978, is a 
political subdivision of the State of New Mexico; and

    WHEREAS, the District is a party in the pending stream adjudication 
of the Rio San Jose stream system styled as State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et. al. Cibola Cause No. D-l 
333-CV-198300190 and No. D-1333-CV-198300220 (Combined); and

    WHEREAS, counsel and the hydrologist for the District and for the 
other area acequias and community ditches have engaged in confidential 
settlement negotiations over the nature and extent of the water rights 
of the Pueblos of Acoma and Laguna and the Navajo Nation in the Rio San 
Jose Basin for a number of years; and

    WHEREAS, counsel and hydrologists for the participating paities 
have now negotiated a Local Settlement Agreement for consideration by 
the District; and

    WHEREAS, these settlement documents are still being finalized and 
may require grammatical and minor language collections and 
clarifications; and

    WHEREAS, notice of a special meeting of the Board of Directors 
(``Board'') of the District to consider this agreement was properly 
published and mailed as required by Article III, Section 4 of the 
District's bylaws; and

    WHEREAS, the members of the Board then met in a special meeting 
with a quornm present to review and consider this proposed settlement 
agreement; and

    WHEREAS, the Board has been presented with an analysis of the Local 
Settlement Agreement by its counsel and has had the opportunity to 
address any concerns or questions to counsel; and

    WHEREAS, the Local Settlement Agreement includes many provisions 
which are of benefit to BTID and its members; and

    WHEREAS, the Board has the authority to and should decide whether 
BTID should approve and execute the Local Settlement Agreement; and

    WHEREAS, the Board of Directors, with a quorum of Directors 
present, reviewed and considered the proposed Local Settlement 
Agreement.

    NOW, THEREFORE, BE IT RESOLVED by a majority vote of its board 
members present that the Board hereby approves the Local Settlement 
Agreement.

    BE IT FURTHER RESOLVED that counsel for the District is authorized 
to propose and to accept and approve what counsel considers to be any 
minor modifications to these settlement documents.
                                 ______
                                 
 Resolution Approving Settlement Agreement in State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et al. Cibola Cause No. D-1333-
          CV-198300190 and No. D-1333-CV-198300220 (Combined)
    WHEREAS, Cubero Acequia Association (``Association'') is an 
organized acequia and pursuant to  73-2-28, NMSA 1978, is a political 
subdivision of the State of New Mexico; and

    WHEREAS, the Association is a party in the pending stream 
adjudication of the Rio San Jose stream system styled as State of New 
Mexico ex. rel. State Engineer v. Kerr McGee Corp. et. al. Cibola Cause 
No. D-l333-CV-198300190 and No. D-l 333-CV-198300220 (Combined); and

    WHEREAS, counsel and the hydrologist for the Association and for 
the other area acequias and community ditches have engaged in 
confidential settlement negotiations over the nature and extent of the 
water rights of the Pueblos of Acoma and Laguna and the Navajo Nation 
in the Rio San Jose Basin for a number of years; and

    WHEREAS, counsel and hydrologists for the participating parties 
have now negotiated a Local Settlement Agreement for consideration by 
the Association; and

    WHEREAS, these settlement documents are still being finalized and 
may require grammatical and minor language corrections and 
clarifications; and

    WHEREAS, notice of a special meeting of the members of the 
Association to consider this agreement was properly posted as required 
by the Association's bylaws; and

    WHEREAS, the members of the Association then met in a special 
meeting with a quorum present to review and consider this proposed 
settlement agreement.

    NOW, THEREFORE, BE IT RESOLVED by a majority vote of its members 
present that the Association hereby approves the Local Settlement 
Agreement.

    BE IT FURTHER RESOLVED that counsel for the Association are 
authorized to propose and to accept and approve what they consider to 
be any minor modifications to these settlement documents.
                                 ______
                                 
 Resolution Approving Settlement Agreement in State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et al. Cibola Cause No. D-1333-
          CV-198300190 and No. D-1333-CV-198300220 (Combined)
    WHEREAS, Murray Acres Irrigation Association (``Murray Acres'') is 
a community ditch association and pursuant to  73-2-28, NMSA 1978 is a 
political subdivision of the State of New Mexico; and

    WHEREAS, Murray Acres is a party in the pending stream adjudication 
of the Rio San Jose stream system styled as State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et. al. Cibola Cause No. D-
1333-CV-198300190 and No. D-1333-CV-198300220 (Combined); and

    WHEREAS, counsel and hydrologist for Murray Acres and for the other 
acequias and community ditches of the Rio San Jose have engaged in 
confidential settlement negotiations over the nature and extent of the 
water rights of the Pueblos of Acoma and Laguna and the Navajo Nation 
in the Rio San Jose Basin for a number of years; and

    WHEREAS, counsel and hydrologists for the participating settling 
parties have negotiated a Local Settlement Agreement for consideration 
by Murray Acres; and

    WHEREAS, the President called a special meeting of the members of 
Murray Acres to review and consider whether Murray Acres should execute 
the Local Settlement Agreement; and

    WHEREAS, notice of the special meeting was provided by hand 
delivery of the notice and agenda to the members of Murray Acres and by 
posting at U.S. Post Office 105 Airport Road, Milan, New Mexico; and

    WHEREAS, the Local Settlement Agreement is still being revised by 
the settling parties as to nonsubstantive grammatical and language 
corrections; and

    WHEREAS, the members of Murray Acres have reviewed and considered 
the proposed Local Settlement Agreement;

    NOW, THEREFORE, BE IT RESOLVED that Murray Acres hereby approves 
the Local Settlement Agreement.

    BE IT FURTHER RESOLVED that counsel for Murray Acres is authorized 
to accept and approve what they consider to be any non-substantive 
modifications to the Local Settlement Agreement. Resolution Approving 
Settlement Agreement--Murray Acres Irrigation Association
                                 ______
                                 
 Resolution Approving Settlement Agreement in State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et al. Cibola Cause No. D-1333-
          CV-198300190 and No. D-1333-CV-198300220 (Combined)
    WHEREAS, San Mateo Irrigation Association (``San Mateo'') is a 
community ditch association and pursuant to  73-2-28, NMSA 1978 is a 
political subdivision of the State of New Mexico; and

    WHEREAS, San Mateo is a party in the pending stream adjudication of 
the Rio San Jose stream system styled as State of New Mexico ex. rel. 
State Engineer v. Kerr McGee Corp. et. al. Cibola Cause No.D-1333-CV-
198300190 and No. D-1333-CV-198300220 (Combined); and

    WHEREAS, counsel and hydrologist for San Mateo and for the other 
acequias and community ditches of the Rio San Jose have engaged in 
confidential settlement negotiations over the nature and extent of the 
water rights of the Pueblos of Acoma and Laguna and the Navajo Nation 
in the Rio San Jose Basin for a number of years; and

    WHEREAS, counsel and hydrologists for the participating settling 
parties have negotiated a Local Settlement Agreement for consideration 
by San Mateo; and

    WHEREAS, the Local Settlement Agreement is still being revised by 
the settling parties as to non-substantive grammatical and language 
corrections; and

    WHEREAS, the Commissioners called a special meeting of the members 
of San Mateo to review and consider whether San Mateo should execute 
the Local Settlement Agreement; and

    WHEREAS, notice of the special meeting was provided in accordance 
with the Bylaws Article 3, Sections 6 and 7 by posting the notice and 
agenda at the Fire Station House in San Mateo, New Mexico on July 15, 
2022; and

    WHEREAS, more than 40 percent of the members current in payment of 
their dues attended the special meeting; therefore, there was a quorum 
for a vote by the members as required by the Bylaws, Article 3, Section 
5; and

    WHEREAS, the members of San Mateo with a quorum present reviewed 
and considered the proposed Local Settlement Agreement;

    NOW, THEREFORE, BE IT RESOLVED by majority vote of the members 
taken in accordance with the Bylaws, Article 3, Section 5, that San 
Mateo hereby approves the Local Settlement Agreement,

    BE IT FURTHER RESOLVED that counsel for San Mateo are authorized to 
accept and approve what they consider to be any non-substantive 
modifications to the Local Settlement Agreement.
                                 ______
                                 
 Resolution Approving Settlement Agreement in State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et al. Cibola Cause No. D-1333-
          CV-198300190 and No. D-1333-CV-198300220 (Combined)
    WHEREAS, Bluewater-Toltec Irrigation District (``District'') is an 
organized community ditch and pursuant to  73-2-28, NMSA 1978, is a 
political subdivision of the State of New Mexico; and

    WHEREAS, the District is a party in the pending stream adjudication 
of the Rio San Jose stream system styled as State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et. al. Cibola Cause No. D-l 
333-CV-198300190 and No. D-1333-CV-198300220 (Combined); and

    WHEREAS, counsel and the hydrologist for the District and for the 
other area acequias and community ditches have engaged in confidential 
settlement negotiations over the nature and extent of the water rights 
of the Pueblos of Acoma and Laguna and the Navajo Nation in the Rio San 
Jose Basin for a number of years; and

    WHEREAS, counsel and hydrologists for the participating parties 
have now negotiated a Local Settlement Agreement for consideration by 
the District; and

    WHEREAS, these settlement documents are still being finalized and 
may require grammatical and minor language corrections and 
clarifications; and

    WHEREAS, notice of a special meeting of the Board of Directors 
(``Board'') of the District to consider this agreement was properly 
published and mailed as required by Article III, Section 4 of the 
District's bylaws; and

    WHEREAS, the members of the Board then met in a special meeting 
with a quornm present to review and consider this proposed settlement 
agreement; and

    WHEREAS, the Board has been presented with an analysis of the Local 
Settlement Agreement by its counsel and has had the opportunity to 
address any concerns or questions to counsel; and

    WHEREAS, the Local Settlement Agreement includes many provisions 
which are of benefit to BTID and its members; and

    WHEREAS, the Board has the authority to and should decide whether 
BTID should approve and execute the Local Settlement Agreement; and

    WHEREAS, the Board of Directors, with a quorum of Directors 
present, reviewed and considered the proposed Local Settlement 
Agreement.

    NOW, THEREFORE, BE IT RESOLVED by a majority vote of its board 
members present that the Board hereby approves the Local Settlement 
Agreement.

    BE IT FURTHER RESOLVED that counsel for the District is authorized 
to propose and to accept and approve what counsel considers to be any 
minor modifications to these settlement documents.
                                 ______
                                 
 Resolution Approving Settlement Agreement in State of New Mexico ex. 
rel. State Engineer v. Kerr McGee Corp. et al. Cibola Cause No. D-1333-
          CV-198300190 and No. D-1333-CV-198300220 (Combined)
    WHEREAS, Seboyeta Community Irrigation Association 
(``Association'') is an organized acequia and pursuant to  73-2-28 
NMSA 1978 is a political subdivision of the State of New Mexico; and

    WHEREAS, the Association is a party in the pending stream 
adjudication of the Rio San Jose stream system styled as State of New 
Mexico ex. rel. State Engineer v. Kerr McGee Corp. et. al. Cibola Cause 
No. D-1333-CV-198300 190 and No. D-1333-CV-198300220 (Combined); and

    WHEREAS, counsel and the hydrologist for the Association and for 
the other area acequias and community ditches have engaged in 
confidential settlement negotiations over the nature and extent of the 
water rights of the Pueblos of Acoma and Laguna and the Navajo Nation 
in the Rio San Jose Basin for a number of years; and

    WHEREAS, counsel and hydrologists for the participating parties 
have now negotiated a Local Settlement Agreement for consideration by 
the Association; and

    WHEREAS, these settlement documents are still being finalized and 
may require grammatical and minor language corrections and 
clarifications; and

    WHEREAS, notice of a special meeting of the members of the 
Association to consider this agreement was properly posted as required 
by the Association's bylaws; and

    WHEREAS, the members of the Association then met in a special 
meeting with a quorum present to review and consider this proposed 
settlement agreement.

    NOW, THEREFORE, BE IT RESOLVED by a majority vote of its members 
present that the Association hereby approves the Local Settlement 
Agreement.

    BE IT FURTHER RESOLVED that counsel for the Association are 
authorized to propose and to accept and approve what they consider to 
be any minor modifications to these settlement documents.

                                  [all]