[Congressional Record Volume 153, Number 98 (Monday, June 18, 2007)]
[Senate]
[Pages S7816-S7817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DOMENICI:
S. 1643. A bill to establish the Reclamation Water Settlements Fund,
and for other purposes; to the Committee on Indian Affairs.
Mr. DOMENICI. Mr. President, one unresolved issue that is of grave
concern to many in the west is unresolved Indian water rights claims.
Over the past century, many parties have sought to determine the extent
of Indian water rights in the courts. However, litigation to determine
Indian water rights has failed in many respects for both Indians and
non-Indians. Unresolved Indian water rights claims are of particular
concern in New Mexico which has 23 Indian tribes.
As with all litigation, the outcome is uncertain and one party
generally loses. If the Indian nations were to receive a large award by
the courts and those water rights were exercised, the senior priority
date of many Indian water rights claims have the potential to displace
existing users. This means that non-Indian towns, farmers, and industry
could ultimately have their water supply cut off. However, in many
instances, even if an Indian nation were to receive a water windfall
from the courts, many of the Indian nations lack the water
infrastructure to make use of the water awarded by the courts.
Additionally, Indian water rights litigation often takes decades. For
example, the Aamodt litigation in New Mexico was filed in 1966 and is
the longest standing litigation in the federal judiciary. Finally, the
numerous unresolved Indian water rights claims in many western states
such as New Mexico impair our ability to effectively undertake water
rights planning as we are unsure of the award that the Indian nations
will receive.
Over the past two decades, many parties have pursued negotiated
settlements in lieu of litigation, an approach beneficial to all
parties involved. In negotiated settlements, multiple parties get
together and determine how best to allocate water among Indians and
non-Indians in a way that does not curtail existing uses. Many of the
settlements also contain authorization for the Federal Government to
provide funding to the Indian nations so that the Indian nations
involved can make use of the water they are awarded under the terms of
the settlement, resulting in economic development and health benefits
on the Indian nation.
Secretary of the Interior Dirk Kempthorne and his staff deserve a
great deal of credit for trying to advance the New Mexico Indian water
rights settlements. However, current Federal budgets cannot accommodate
the upcoming New Mexico settlements. This is troublesome for several
reasons. First, it impairs Congress's ability to resolve Indian water
rights claims in a way that keeps all water users whole. Additionally,
many of the settlements require the construction of water
infrastructure benefiting an Indian nation. Lack of a steady stream of
Federal money results in water projects that take far longer to
construct, costing taxpayers significantly more money in the long run.
Today I introduce the Reclamation Water Settlements Fund Act of 2007.
This bill would establish a reliable source of Federal funding to
resolve Indian water rights claims in New Mexico. The bill provides
that, over the next 10 years, 30 percent of the revenues generated in
New Mexico that would otherwise be deposited in the reclamation fund
would instead be used to fund Indian water rights settlements. The
amounts deposited in this fund could be used to pay for the Aamodt,
Abeyta, and Navajo Indian water rights settlements after the parties
resolve outstanding issues and the settlements are signed into law. It
is important to note that the fund created by this legislation would
allow us to fund New Mexico Indian water rights settlements without
compromising the sustainability of the reclamation fund.
The consequences of not settling outstanding Indian water rights
claims in New Mexico are dire. The legislation I introduce today would
remove the main impediment to the resolution of Indian water rights
settlement.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1643
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Water
Settlements Fund Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Reclamation Water
Settlements Fund established by section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Reclamation
Water Settlements Fund'', consisting of--
(1) such amounts as are deposited to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Deposits to Fund.--
(1) In general.--For each of the 10 years after the date of
enactment of this Act, the Secretary of the Treasury shall
deposit in the Fund an amount equal to 30 percent of the
revenues generated within the external boundaries of the
State of New Mexico that would otherwise be deposited for the
fiscal year in the fund established by the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
(2) Availability of amounts.--On deposit, the amounts in
the Fund under subsection (a)(1), and on accrual, any
interest earned under subsection (d), shall be available
annually, without further appropriation, to carry out
subsection (c).
(c) Use.--
(1) In general.--On request of the Secretary, the Secretary
of the Treasury shall transfer to the Secretary such amounts
in the Fund as are necessary to fund any activities of the
Bureau of Reclamation relating to Indian water rights
settlements in the State that are approved by Congress and
are associated with the planning, designing, or construction
of--
(A) water supply infrastructure; or
(B) a project to rehabilitate a water delivery system to
conserve water.
(2) Priority.--
(A) In general.--Except as provided in subparagraph (B),
amounts shall be transferred under paragraph (1) in the order
in which the Indian water rights settlements are approved by
Congress.
(B) Exception.--Amounts may be made simultaneously
available under paragraph (1) to fund activities relating to
multiple approved Indian water rights settlements in the
State if the Secretary determines that--
(i) sufficient amounts are available in the Fund to carry
out activities relating to more than 1 Indian water rights
settlement simultaneously; and
(ii) deviation from the priority order required under
subparagraph (A) would not adversely affect the timely
completion of the activities that would otherwise have
priority under that subparagraph.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
[[Page S7817]]
(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(e) Transfers of Amounts.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least annually.
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