Congressional Record, Volume 156 Issue 7 (Thursday, January 21, 2010)

[Congressional Record Volume 156, Number 7 (Thursday, January 21, 2010)]
[House]
[Pages H279-H290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AAMODT LITIGATION SETTLEMENT ACT

Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 1017, I call up
the bill (H.R. 3342) to authorize the Secretary of the Interior, acting
through the Commissioner of Reclamation, to develop water
infrastructure in the Rio Grande Basin, and to approve the settlement
of the water rights claims of the Pueblos of Nambe, Pojoaque, San
Ildefonso, and Tesuque, and ask for its immediate consideration in the
House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1017, the bill
is considered read.
The amendment in the nature of a substitute printed in the bill is
adopted.
The text of the bill, as amended, is as follows:

H.R. 3342

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Aamodt
Litigation Settlement Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

Sec. 101. Authorization of Regional Water System.
Sec. 102. Operating Agreement.
Sec. 103. Acquisition of Pueblo water supply for the Regional Water
System.
Sec. 104. Delivery and allocation of Regional Water System capacity and
water.
Sec. 105. Aamodt Settlement Pueblos' Fund.
Sec. 106. Environmental compliance.
Sec. 107. Authorization of appropriations.

TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

Sec. 201. Settlement Agreement and contract approval.
Sec. 202. Environmental compliance.
Sec. 203. Conditions precedent and enforcement date.
Sec. 204. Waivers and releases.
Sec. 205. Effect.

SEC. 2. DEFINITIONS.

In this Act:
(1) Aamodt case.--The term ``Aamodt Case'' means the civil
action entitled State of New Mexico, ex rel. State Engineer
and United States of America, Pueblo de Nambe, Pueblo de
Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v.
R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).
(2) Acre-feet.--The term ``acre-feet'' means acre-feet of
water per year.
(3) Authority.--The term ``Authority'' means the Pojoaque
Basin Regional Water Authority described in section 9.5 of
the Settlement Agreement or an alternate entity acceptable to
the Pueblos and the County to operate and maintain the
diversion and treatment facilities, certain transmission
pipelines, and other facilities of the Regional Water System.
(4) City.--The term ``City'' means the city of Santa Fe,
New Mexico.
(5) Cost-sharing and system integration agreement.--The
term ``Cost-Sharing and System Integration Agreement'' means
the agreement to be executed by the United States, the State,
the Pueblos, the County, and the City that--
(A) describes the location, capacity, and management
(including the distribution of water to customers) of the
Regional Water System; and
(B) allocates the costs of the Regional Water System with
respect to--
(i) the construction, operation, maintenance, and repair of
the Regional Water System;
(ii) rights-of-way for the Regional Water System; and
(iii) the acquisition of water rights.
(6) County.--The term ``County'' means Santa Fe County, New
Mexico.
(7) County distribution system.--The term ``County
Distribution System'' means the portion of the Regional Water
System that serves water customers on non-Pueblo land in the
Pojoaque Basin.
(8) County water utility.--The term ``County Water
Utility'' means the water utility organized by the County
to--
(A) receive water distributed by the Authority; and
(B) provide the water received under subparagraph (A) to
customers on non-Pueblo land in the Pojoaque Basin.
(9) Engineering report.--The term ``Engineering Report''
means the report entitled ``Pojoaque Regional Water System
Engineering Report'' dated September 2008 and any amendments
thereto, including any modifications which may be required by
section 101(d)(2).
(10) Fund.--The term ``Fund'' means the Aamodt Settlement
Pueblos' Fund established by section 105(a).
(11) Operating agreement.--The term ``Operating Agreement''
means the agreement between the Pueblos and the County
executed under section 102(a).
(12) Operations, maintenance, and replacement costs.--
(A) In general.--The term ``operations, maintenance, and
replacement costs'' means all costs for the operation of the
Regional Water System that are necessary for the safe,
efficient, and continued functioning of the Regional Water
System to produce the benefits described in the Settlement
Agreement.
(B) Exclusion.--The term ``operations, maintenance, and
replacement costs'' does not include construction costs or
costs related to construction design and planning.

[[Page H280]]

(13) Pojoaque basin.--
(A) In general.--The term ``Pojoaque Basin'' means the
geographic area limited by a surface water divide (which can
be drawn on a topographic map), within which area rainfall
and runoff flow into arroyos, drainages, and named
tributaries that eventually drain to--
(i) the Rio Pojoaque; or
(ii) the 2 unnamed arroyos immediately south; and
(iii) 2 arroyos (including the Arroyo Alamo) that are north
of the confluence of the Rio Pojoaque and the Rio Grande.
(B) Inclusion.--The term ``Pojoaque Basin'' includes the
San Ildefonso Eastern Reservation recognized by section 8 of
Public Law 87-231 (75 Stat. 505).
(14) Pueblo.--The term ``Pueblo'' means each of the pueblos
of Nambe, Pojoaque, San Ildefonso, or Tesuque.
(15) Pueblos.--The term ``Pueblos'' means collectively the
Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.
(16) Pueblo land.--The term ``Pueblo land'' means any real
property that is--
(A) held by the United States in trust for a Pueblo within
the Pojoaque Basin;
(B)(i) owned by a Pueblo within the Pojoaque Basin before
the date on which a court approves the Settlement Agreement;
or
(ii) acquired by a Pueblo on or after the date on which a
court approves the Settlement Agreement, if the real property
is located--
(I) within the exterior boundaries of the Pueblo, as
recognized and conformed by a patent issued under the Act of
December 22, 1858 (11 Stat. 374, chapter V); or
(II) within the exterior boundaries of any territory set
aside for the Pueblo by law, executive order, or court
decree;
(C) owned by a Pueblo or held by the United States in trust
for the benefit of a Pueblo outside the Pojoaque Basin that
is located within the exterior boundaries of the Pueblo as
recognized and confirmed by a patent issued under the Act of
December 22, 1858 (11 Stat. 374, chapter V); or
(D) within the exterior boundaries of any real property
located outside the Pojoaque Basin set aside for a Pueblo by
law, executive order, or court decree, if the land is within
or contiguous to land held by the United States in trust for
the Pueblo as of January 1, 2005.
(17) Pueblo water facility.--
(A) In general.--The term ``Pueblo Water Facility'' means--
(i) a portion of the Regional Water System that serves only
water customers on Pueblo land; and
(ii) portions of a Pueblo water system in existence on the
date of enactment of this Act that serve water customers on
non-Pueblo land, also in existence on the date of enactment
of this Act, or their successors, that are--

(I) depicted in the final project design, as modified by
the drawings reflecting the completed Regional Water System;
and
(II) described in the Operating Agreement.

(B) Inclusions.--The term ``Pueblo Water Facility''
includes--
(i) the barrier dam and infiltration project on the Rio
Pojoaque described in the Engineering Report; and
(ii) the Tesuque Pueblo infiltration pond described in the
Engineering Report.
(18) Regional water system.--
(A) In general.--The term ``Regional Water System'' means
the Regional Water System described in section 101(a).
(B) Exclusions.--The term ``Regional Water System'' does
not include the County or Pueblo water supply delivered
through the Regional Water System.
(19) San juan-chama project.--The term ``San Juan-Chama
Project'' means the Project authorized by section 8 of the
Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April
11, 1956 (70 Stat. 105).
(20) San juan-chama project act.--The term ``San Juan-Chama
Project Act'' means sections 8 through 18 of the Act of June
13, 1962 (76 Stat. 96, 97).
(21) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(22) Settlement agreement.--The term ``Settlement
Agreement'' means the stipulated and binding agreement among
the State, the Pueblos, the United States, the County, and
the City dated January 19, 2006, and signed by all of the
government parties to the Settlement Agreement (other than
the United States) on May 3, 2006, and as amended in
conformity with this Act.
(23) State.--The term ``State'' means the State of New
Mexico.

TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM.

(a) In General.--The Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct a regional water system in accordance with the
Settlement Agreement, to be known as the ``Regional Water
System''--
(1) to divert and distribute water to the Pueblos and to
the County Water Utility, in accordance with the Engineering
Report; and
(2) that consists of--
(A) surface water diversion facilities at San Ildefonso
Pueblo on the Rio Grande; and
(B) any treatment, transmission, storage and distribution
facilities and wellfields for the County Distribution System
and Pueblo Water Facilities that are necessary to supply
4,000 acre-feet of water within the Pojoaque Basin, unless
modified in accordance with subsection (d)(2).
(b) Final Project Design.--The Secretary shall issue a
final project design within 90 days of completion of the
environmental compliance described in section 106 for the
Regional Water System that--
(1) is consistent with the Engineering Report; and
(2) includes a description of any Pueblo Water Facilities.
(c) Acquisition of Land; Water Rights.--
(1) Acquisition of land.--Upon request, and in exchange for
the funding which shall be provided in section 107(c), the
Pueblos shall consent to the grant of such easements and
rights-of-way as may be necessary for the construction of the
Regional Water System at no cost to the Secretary. To the
extent that the State or County own easements or rights-of-
way that may be used for construction of the Regional Water
System, the State or County shall provide that land or
interest in land as necessary for construction at no cost to
the Secretary. The Secretary shall acquire any other land or
interest in land that is necessary for the construction of
the Regional Water System.
(2) Water rights.--The Secretary shall not condemn water
rights for purposes of the Regional Water System.
(d) Conditions for Construction.--
(1) In general.--The Secretary shall not begin construction
of the Regional Water System facilities until the date on
which--
(A) the Secretary executes--
(i) the Settlement Agreement; and
(ii) the Cost-Sharing and System Integration Agreement; and
(B) the State and the County have entered into an agreement
with the Secretary to contribute the non-Federal share of the
costs of the construction in accordance with the Cost-Sharing
and System Integration Agreement.
(2) Modifications to regional water system.--
(A) In general.--The State and the County, in agreement
with the Pueblos, the City, and other signatories to the
Cost-Sharing and System Integration Agreement, may modify the
extent, size, and capacity of the County Distribution System
as set forth in the Cost-Sharing and System Integration
Agreement.
(B) Effect.--A modification under subparagraph (A)--
(i) shall not affect implementation of the Settlement
Agreement so long as the provisions in section 203 are
satisfied; and
(ii) may result in an adjustment of the State and County
cost-share allocation as set forth in the Cost-Sharing and
System Integration Agreement.
(e) Applicable Law.--The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) shall not
apply to the design and construction of the Regional Water
System.
(f) Construction Costs.--
(1) Pueblo water facilities.--
(A) In general.--Except as provided in subparagraph (B),
the expenditures of the Secretary to construct the Pueblo
Water Facilities under this section shall not exceed
$106,400,000.
(B) Exception.--The amount described in subparagraph (A)
shall be increased or decreased, as appropriate, based on
ordinary fluctuations in construction costs since October 1,
2006, as determined using applicable engineering cost
indices.
(2) Costs to pueblo.--The costs incurred by the Secretary
in carrying out activities to construct the Pueblo Water
Facilities under this section shall not be reimbursable to
the United States.
(3) County distribution system.--The costs of constructing
the County Distribution System shall be at State and local
expense.
(g) State and Local Capital Obligations.--The State and
local capital obligations for the Regional Water System
described in the Cost-Sharing and System Integration
Agreement shall be satisfied on the payment of the State and
local capital obligations described in the Cost-Sharing and
System Integration Agreement.
(h) Conveyance of Regional Water System Facilities.--
(1) In general.--Subject to paragraph (2), on completion of
the construction of the Regional Water System, the Secretary,
in accordance with the Operating Agreement, shall convey to--
(A) each Pueblo the portion of any Pueblo Water Facility
that is located within the boundaries of the Pueblo,
including any land or interest in land located within the
boundaries of the Pueblo that is acquired by the United
States for the construction of the Pueblo Water Facility;
(B) the County the County Distribution System, including
any land or interest in land acquired by the United States
for the construction of the County Distribution System; and
(C) the Authority any portions of the Regional Water System
that remain after making the conveyances under subparagraphs
(A) and (B), including any land or interest in land acquired
by the United States for the construction of the portions of
the Regional Water System.
(2) Conditions for conveyance.--The Secretary shall not
convey any portion of the Regional Water System facilities
under paragraph (1) until the date on which--
(A) construction of the Regional Water System is complete;
and
(B) the Operating Agreement is executed in accordance with
section 102.
(3) Subsequent conveyance.--On conveyance by the Secretary
under paragraph (1), the Pueblos, the County, and the
Authority shall not reconvey any portion of the Regional
Water System conveyed to the Pueblos, the County, and the
Authority, respectively, unless the reconveyance is
authorized by an Act of Congress enacted after the date of
enactment of this Act.
(4) Interest of the united states.--On conveyance of a
portion of the Regional Water System under paragraph (1), the
United States shall have no further right, title, or interest
in and to the portion of the Regional Water System conveyed.
(5) Additional construction.--On conveyance of a portion of
the Regional Water System

[[Page H281]]

under paragraph (1), the Pueblos, County, or the Authority,
as applicable, may, at the expense of the Pueblos, County, or
the Authority, construct any additional infrastructure that
is necessary to fully use the water delivered by the Regional
Water System.
(6) Liability.--
(A) In general.--Effective on the date of conveyance of any
land or facility under this section, the United States shall
not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to
the land and facilities conveyed, other than damages caused
by acts of negligence by the United States, or by employees
or agents of the United States, prior to the date of
conveyance.
(B) Tort claims.--Nothing in this section increases the
liability of the United States beyond the liability provided
in chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(7) Effect.--Nothing in any transfer of ownership provided
or any conveyance thereto as provided in this section shall
extinguish the right of any Pueblo, the County, or the
Regional Water Authority to the continuous use and benefit of
each easement or right of way for the use, operation,
maintenance, repair, and replacement of Pueblo Water
Facilities, the County Distribution System or the Regional
Water System or for wastewater purposes as provided in the
Cost-Sharing and System Integration Agreement.

SEC. 102. OPERATING AGREEMENT.

(a) In General.--The Pueblos and the County shall submit to
the Secretary an executed Operating Agreement for the
Regional Water System that is consistent with this Act, the
Settlement Agreement, and the Cost-Sharing and System
Integration Agreement not later than 180 days after the later
of--
(1) the date of completion of environmental compliance and
permitting; or
(2) the date of issuance of a final project design for the
Regional Water System under section 101(b).
(b) Approval.--Not later than 180 days after receipt of the
operating agreement described in subsection (a), the
Secretary shall approve the Operating Agreement upon
determination that the Operating Agreement is consistent with
this Act, the Settlement Agreement, and the Cost-Sharing and
System Integration Agreement.
(c) Contents.--The Operating Agreement shall include--
(1) provisions consistent with the Settlement Agreement and
the Cost-Sharing and System Integration Agreement and
necessary to implement the intended benefits of the Regional
Water System described in those documents;
(2) provisions for--
(A) the distribution of water conveyed through the Regional
Water System, including a delineation of--
(i) distribution lines for the County Distribution System;
(ii) distribution lines for the Pueblo Water Facilities;
and
(iii) distribution lines that serve both--

(I) the County Distribution System; and
(II) the Pueblo Water Facilities;

(B) the allocation of the Regional Water System capacity;
(C) the terms of use of unused water capacity in the
Regional Water System;
(D) the construction of additional infrastructure and the
acquisition of associated rights-of-way or easements
necessary to enable any of the Pueblos or the County to fully
use water allocated to the Pueblos or the County from the
Regional Water System, including provisions addressing when
the construction of such additional infrastructure requires
approval by the Authority;
(E) the allocation and payment of annual operation,
maintenance, and replacement costs for the Regional Water
System, including the portions of the Regional Water System
that are used to treat, transmit, and distribute water to
both the Pueblo Water Facilities and the County Water
Utility;
(F) the operation of wellfields located on Pueblo land;
(G) the transfer of any water rights necessary to provide
the Pueblo water supply described in section 103(a);
(H) the operation of the Regional Water System with respect
to the water supply, including the allocation of the water
supply in accordance with section 3.1.8.4.2 of the Settlement
Agreement so that, in the event of a shortage of supply to
the Regional Water System, the supply to each of the Pueblos'
and to the County's distribution system shall be reduced on a
prorata basis, in proportion to each distribution system's
most current annual use; and
(I) dispute resolution; and
(3) provisions for operating and maintaining the Regional
Water System facilities before and after conveyance under
section 101(h), including provisions to--
(A) ensure that--
(i) the operation of, and the diversion and conveyance of
water by, the Regional Water System is in accordance with the
Settlement Agreement;
(ii) the wells in the Regional Water System are used in
conjunction with the surface water supply of the Regional
Water System to ensure a reliable firm supply of water to all
users of the Regional Water System, consistent with the
intent of the Settlement Agreement that surface supplies will
be used to the maximum extent feasible;
(iii) the respective obligations regarding delivery,
payment, operation, and management are enforceable; and
(iv) the County has the right to serve any new water users
located on non-Pueblo land in the Pojoaque Basin; and
(B) allow for any aquifer storage and recovery projects
that are approved by the Office of the New Mexico State
Engineer.
(d) Effect.--Nothing in this Act precludes the Operating
Agreement from authorizing phased or interim operations if
the Regional Water System is constructed in phases.

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

(a) In General.--For the purpose of providing a reliable
firm supply of water from the Regional Water System for the
Pueblos in accordance with the Settlement Agreement, the
Secretary, on behalf of the Pueblos, shall--
(1) acquire water rights to--
(A) 302 acre-feet of Nambe reserved water described in
section 2.6.2 of the Settlement Agreement pursuant to section
107(c)(1)(C); and
(B) 1141 acre-feet from water acquired by the County for
water rights commonly referred to as ``Top of the World''
rights in the Aamodt Case;
(2) enter into a contract with the Pueblos for 1,079 acre-
feet in accordance with section 11 of the San Juan-Chama
Project Act; and
(3) by application to the State Engineer, seek approval to
divert the water acquired and made available under paragraphs
(1) and (2) at the points of diversion for the Regional Water
System, consistent with the Settlement Agreement and the
Cost-Sharing and System Integration Agreement.
(b) Forfeiture.--The nonuse of the water supply secured by
the Secretary for the Pueblos under subsection (a) shall in
no event result in forfeiture, abandonment, relinquishment,
or other loss thereof.
(c) Trust.--The Pueblo water supply secured under
subsection (a) shall be held by the United States in trust
for the Pueblos.
(d) Applicable Law.--The water supply made available
pursuant to subsection (a)(2) shall be subject to the San
Juan-Chama Project Act, and no preference shall be provided
to the Pueblos as a result of subsection (c) with regard to
the delivery or distribution of San Juan-Chama Project water
or the management or operation of the San Juan-Chama Project.
(e) Contract for San Juan-Chama Project Water Supply.--With
respect to the contract for the water supply required by
subsection (a)(2), such San Juan-Chama Project contract shall
be pursuant to the following terms:
(1) Waivers.--Notwithstanding the provisions of the San
Juan-Chama Project Act, or any other provision of law--
(A) the Secretary shall waive the entirety of the Pueblos'
share of the construction costs for the San Juan-Chama
Project, and pursuant to that waiver, the Pueblos' share of
all construction costs for the San Juan-Chama Project,
inclusive of both principal and interest, due from 1972 to
the execution of the contract required by subsection (a)(2),
shall be nonreimbursable;
(B) the Secretary's waiver of each Pueblo's share of the
construction costs for the San Juan-Chama Project will not
result in an increase in the pro rata shares of other San
Juan-Chama Project water contractors, but such costs shall be
absorbed by the United States Treasury or otherwise
appropriated to the Department of the Interior; and
(C) the costs associated with any water made available from
the San Juan-Chama Project which were determined
nonreimbursable and nonreturnable pursuant to Public Law No.
88-293, 78 Stat. 171 (March 26, 1964), shall remain
nonreimbursable and nonreturnable.
(2) Termination.--The contract shall provide that it shall
terminate only upon the following conditions--
(A) failure of the United States District Court for the
District of New Mexico to enter a final decree for the Aamodt
Case by December 15, 2012, or within the time period of any
extension of that deadline granted by the court; or
(B) entry of an order by the United States District Court
for the District of New Mexico voiding the final decree and
Settlement Agreement for the Aamodt Case pursuant to section
10.3 of the Settlement Agreement.
(f) Limitation.--The Secretary shall use the water supply
secured under subsection (a) only for the purposes described
in the Settlement Agreement.
(g) Fulfillment of Water Supply Acquisition Obligations.--
Compliance with subsections (a) through (f) shall satisfy any
and all obligations of the Secretary to acquire or secure a
water supply for the Pueblos pursuant to the Settlement
Agreement.
(h) Rights of Pueblos in Settlement Agreement Unaffected.--
Notwithstanding the provisions of subsections (a) through
(g), the Pueblos, the County or the Regional Water Authority
may acquire any additional water rights to ensure all parties
to the Settlement Agreement receive the full allocation of
water provided by the Settlement Agreement and nothing in
this Act amends or modifies the quantities of water allocated
to the Pueblos thereunder.

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

(a) Allocation of Regional Water System Capacity.--
(1) In general.--The Regional Water System shall have the
capacity to divert from the Rio Grande a quantity of water
sufficient to provide--
(A) up to 4,000 acre-feet of consumptive use of water; and
(B) the requisite peaking capacity described in--
(i) the Engineering Report; and
(ii) the final project design.
(2) Allocation to the pueblos and county water utility.--Of
the capacity described in paragraph (1)--
(A) there shall be allocated to the Pueblos--
(i) sufficient capacity for the conveyance of 2,500 acre-
feet consumptive use; and
(ii) the requisite peaking capacity for the quantity of
water described in clause (i); and

[[Page H282]]

(B) there shall be allocated to the County Water Utility--
(i) sufficient capacity for the conveyance of up to 1,500
acre-feet consumptive use; and
(ii) the requisite peaking capacity for the quantity of
water described in clause (i).
(3) Applicable law.--Water shall be allocated to the
Pueblos and the County Water Utility under this subsection in
accordance with--
(A) this title;
(B) the Settlement Agreement; and
(C) the Operating Agreement.
(b) Delivery of Regional Water System Water.--The Authority
shall deliver water from the Regional Water System--
(1) to the Pueblos water in a quantity sufficient to allow
full consumptive use of up to 2,500 acre-feet per year of
water rights by the Pueblos in accordance with--
(A) the Settlement Agreement;
(B) the Operating Agreement; and
(C) this title; and
(2) to the County water in a quantity sufficient to allow
full consumptive use of up to 1,500 acre-feet per year of
water rights by the County Water Utility in accordance with--
(A) the Settlement Agreement;
(B) the Operating Agreement; and
(C) this title.
(c) Additional Use of Allocation Quantity and Unused
Capacity.--The Regional Water System may be used to--
(1) provide for use of return flow credits to allow for
full consumptive use of the water allocated in the Settlement
Agreement to each of the Pueblos and to the County; and
(2) convey water allocated to one of the Pueblos or the
County Water Utility for the benefit of another Pueblo or the
County Water Utility or allow use of unused capacity by each
other through the Regional Water System in accordance with an
intergovernmental agreement between the Pueblos, or between a
Pueblo and County Water Utility, as applicable, if--
(A) such intergovernmental agreements are consistent with
the Operating Agreement, the Settlement Agreement, and this
Act;
(B) capacity is available without reducing water delivery
to any Pueblo or the County Water Utility in accordance with
the Settlement Agreement, unless the County Water Utility or
Pueblo contracts for a reduction in water delivery or
Regional Water System capacity;
(C) the Pueblo or County Water Utility contracting for use
of the unused capacity or water has the right to use the
water under applicable law; and
(D) any agreement for the use of unused capacity or water
provides for payment of the operation, maintenance, and
replacement costs associated with the use of capacity or
water.

SEC. 105. AAMODT SETTLEMENT PUEBLOS' FUND.

(a) Establishment of the Aamodt Settlement Pueblos' Fund.--
There is established in the Treasury of the United States a
fund, to be known as the ``Aamodt Settlement Pueblos' Fund,''
consisting of--
(1) such amounts as are made available to the Fund under
section 107(c) or other authorized sources; and
(2) any interest earned from investment of amounts in the
Fund under subsection (b).
(b) Management of the Fund.--The Secretary shall manage the
Fund, invest amounts in the Fund, and make amounts available
from the Fund for distribution to the Pueblos in accordance
with--
(1) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(2) this Act.
(c) Investment of the Fund.--On the date set forth in
section 203(a)(1), the Secretary shall invest amounts in the
Fund in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(d) Tribal Management Plan.--
(1) In general.--A Pueblo may withdraw all or part of the
Pueblo's portion of the Fund on approval by the Secretary of
a tribal management plan as described in the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(2) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that a Pueblo spend any amounts withdrawn from the
Fund in accordance with the purposes described in section
107(c).
(3) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Fund under an approved tribal management plan are used in
accordance with this title.
(4) Liability.--If a Pueblo or the Pueblos exercise the
right to withdraw amounts from the Fund, neither the
Secretary nor the Secretary of the Treasury shall retain any
liability for the expenditure or investment of the amounts
withdrawn.
(5) Expenditure plan.--
(A) In general.--The Pueblos shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Fund that the Pueblos do not withdraw under
this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts
remaining in the Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this Act, the Settlement Agreement, and the
Cost-Sharing and System Integration Agreement.
(D) Annual report.--The Pueblos shall submit to the
Secretary an annual report that describes all expenditures
from the Fund during the year covered by the report.
(6) No per capita payments.--No part of the principal of
the Fund, or the interest or income accruing on the principal
shall be distributed to any member of a Pueblo on a per
capita basis.
(7) Availability of amounts from the fund.--
(A) Approval of settlement agreement.--Amounts made
available under subparagraphs (A) and (C) of section
107(c)(1) or from other authorized sources shall be available
for expenditure or withdrawal only after the date on which
the United States District Court for the District of New
Mexico issues an order approving the Settlement Agreement.
(B) Completion of certain portions of regional water
system.--Amounts made available under section 107(c)(1)(B) or
from other authorized sources shall be available for
expenditure or withdrawal only after those portions of the
Regional Water System described in section 1.5.24 of the
Settlement Agreement have been declared substantially
complete by the Secretary.
(C) Failure to fulfill conditions precedent.--If the
conditions precedent in section 203 have not been fulfilled
by September 15, 2017, the United States shall be entitled to
set off any funds expended or withdrawn from the amounts
appropriated pursuant to section 107(c), together with any
interest accrued, against any claims asserted by the Pueblos
against the United States relating to the water rights in the
Pojoaque Basin.

SEC. 106. ENVIRONMENTAL COMPLIANCE.

(a) In General.--In carrying out this title, the Secretary
shall comply with each law of the Federal Government relating
to the protection of the environment, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(b) National Environmental Policy Act.--Nothing in this Act
affects the outcome of any analysis conducted by the
Secretary or any other Federal official under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

(a) Regional Water System.--
(1) In general.--Subject to paragraph (4), there is
authorized to be appropriated to the Secretary for the
planning, design, and construction of the Regional Water
System and the conduct of environmental compliance activities
under section 106 an amount not to exceed $106,400,000, as
adjusted under paragraph (3), for the period of fiscal years
2010 through 2022, to remain available until expended.
(2) Priority of funding.--Of the amounts authorized under
paragraph (1), the Secretary shall give priority to funding--
(A) the construction of the San Ildefonso portion of the
Regional Water System, consisting of--
(i) the surface water diversion, treatment, and
transmission facilities at San Ildefonso Pueblo; and
(ii) the San Ildefonso Pueblo portion of the Pueblo Water
Facilities; and
(B) that part of the Regional Water System providing 475
acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the
Settlement Agreement.
(3) Adjustment.--The amount authorized under paragraph (1)
shall be adjusted annually to account for increases in
construction costs since October 1, 2006, as determined using
applicable engineering cost indices.
(4) Limitations.--
(A) In general.--No amounts shall be made available under
paragraph (1) for the construction of the Regional Water
System until the date on which the United States District
Court for the District of New Mexico issues an order
approving the Settlement Agreement.
(B) Record of decision.--No amounts made available under
paragraph (1) shall be expended unless the record of decision
issued by the Secretary after completion of an environmental
impact statement provides for a preferred alternative that is
in substantial compliance with the proposed Regional Water
System, as defined in the Engineering Report.
(b) Acquisition of Water Rights.--There is authorized to be
appropriated to the Secretary funds for the acquisition of
the water rights under section 103(a)(1)(B)--
(1) in the amount of $5,400,000.00 if such acquisition is
completed by December 31, 2010; and
(2) the amount authorized under paragraph (b)(1) shall be
adjusted according to the CPI Urban Index commencing January
1, 2011.
(c) Aamodt Settlement Pueblos' Fund.--
(1) In general.--There is authorized to be appropriated to
the Fund the following amounts for the period of fiscal years
2010 through 2022:
(A) $15,000,000, which shall be allocated to the Pueblos,
in accordance with section 2.7.1 of the Settlement Agreement,
for the rehabilitation, improvement, operation, maintenance,
and replacement of the agricultural delivery facilities,
waste water systems, and other water-related infrastructure
of the applicable Pueblo. The amount authorized herein shall
be adjusted according to the CPI Urban Index commencing
October 1, 2006.
(B) $37,500,000, which shall be allocated to an account, to
be established not later than January 1, 2016, to assist the
Pueblos in paying the Pueblos' share of the cost of
operating, maintaining, and replacing the Pueblo Water
Facilities and the Regional Water System.
(C) $5,000,000 and any interest thereon, which shall be
allocated to the Pueblo of Nambe for the acquisition of the
Nambe reserved water rights in accordance with section
103(a)(1)(A). The amount authorized herein shall be adjusted
according to the CPI Urban Index commencing

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January 1, 2011. The funds provided under this section may be
used by the Pueblo of Nambe only for the acquisition of land,
other real property interests, or economic development.
(2) Operation, maintenance, and replacement costs.--
(A) In general.--Prior to conveyance of the Regional Water
System pursuant to section 101, the Secretary is authorized
to and shall pay any operation, maintenance or replacement
costs associated with the Pueblo Water Facilities or the
Regional Water System up to an amount that does not exceed
$5,000,000, which is authorized to be appropriated to the
Secretary.
(B) Obligation of federal government after completion.--The
amount authorized under subparagraph (A) shall expire after
the date on which construction of the Regional Water System
is completed and the amounts required to be deposited in the
account have been deposited under this section by the Federal
Government.

TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

(a) Approval.--To the extent the Settlement Agreement and
the Cost-Sharing and System Integration Agreement do not
conflict with this Act, the Settlement Agreement and the
Cost-Sharing and System Integration Agreement (including any
amendments to the Settlement Agreement and the Cost-Sharing
and System Integration Agreement that are executed to make
the Settlement Agreement or the Cost-Sharing and System
Integration Agreement consistent with this Act) are
authorized, ratified, and confirmed.
(b) Execution.--To the extent the Settlement Agreement and
the Cost-Sharing and System Integration Agreement do not
conflict with this Act, the Secretary shall execute the
Settlement Agreement and the Cost-Sharing and System
Integration Agreement (including any amendments that are
necessary to make the Settlement Agreement or the Cost-
Sharing and System Integration Agreement consistent with this
Act).
(c) Authorities of the Pueblos.--
(1) In general.--Each of the Pueblos may enter into
contracts to lease or exchange water rights or to forbear
undertaking new or expanded water uses for water rights
recognized in section 2.1 of the Settlement Agreement for use
within the Pojoaque Basin in accordance with the other
limitations of section 2.1.5 of the Settlement Agreement
provided that section 2.1.5 is amended accordingly.
(2) Execution.--The Secretary shall not execute the
Settlement Agreement until such amendment is accomplished
under paragraph (1).
(3) Approval by secretary.--Consistent with the Settlement
Agreement as amended under paragraph (1), the Secretary shall
approve or disapprove a lease entered into under paragraph
(1).
(4) Prohibition on permanent alienation.--No lease or
contract under paragraph (1) shall be for a term exceeding 99
years, nor shall any such lease or contract provide for
permanent alienation of any portion of the water rights made
available to the Pueblos under the Settlement Agreement.
(5) Applicable law.--Section 2116 of the Revised Statutes
(25 U.S.C. 177) shall not apply to any lease or contract
entered into under paragraph (1).
(6) Leasing or marketing of water supply.--The water supply
provided on behalf of the Pueblos pursuant to section
103(a)(1) may only be leased or marketed by any of the
Pueblos pursuant to the intergovernmental agreements
described in section 104(c)(2).
(d) Amendments to Contracts.--The Secretary shall amend the
contracts relating to the Nambe Falls Dam and Reservoir that
are necessary to use water supplied from the Nambe Falls Dam
and Reservoir in accordance with the Settlement Agreement.

SEC. 202. ENVIRONMENTAL COMPLIANCE.

(a) Effect of Execution of Settlement Agreement.--The
execution of the Settlement Agreement under section 201(b)
shall not constitute a major Federal action under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) Compliance With Environmental Laws.--In carrying out
this Act, the Secretary shall comply with each law of the
Federal Government relating to the protection of the
environment, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).

SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

(a) Conditions Precedent.--
(1) In general.--Upon the fulfillment of the conditions
precedent described in paragraph (2), the Secretary shall
publish in the Federal Register by September 15, 2017, a
statement of finding that the conditions have been fulfilled.
(2) Requirements.--The conditions precedent referred to in
paragraph (1) are the conditions that--
(A) to the extent that the Settlement Agreement conflicts
with this title, the Settlement Agreement has been revised to
conform with this title;
(B) the Settlement Agreement, so revised, including waivers
and releases pursuant to section 204, has been executed by
the appropriate parties and the Secretary;
(C) Congress has fully appropriated, or the Secretary has
provided from other authorized sources, all funds authorized
by section 107, with the exception of subsection (a)(1) of
that section, by December 15, 2016;
(D) the Secretary has acquired and entered into appropriate
contracts for the water rights described in section 103(a);
(E) for purposes of section 103(a), permits have been
issued by the New Mexico State Engineer to the Regional Water
Authority to change the points of diversion to the mainstem
of the Rio Grande for the diversion and consumptive use of at
least 2,381 acre-feet by the Pueblos as part of the water
supply for the Regional Water System, subject to the
conditions that--
(i) the permits shall be free of any condition that
materially adversely affects the ability of the Pueblos or
the Regional Water Authority to divert or use the Pueblo
water supply described in section 103(a), including water
rights acquired in addition to those described in section
103(a), in accordance with section 103(g); and
(ii) the Settlement Agreement shall establish the means to
address any permit conditions to ensure the ability of the
Pueblos to fully divert and consume at least 2,381 acre-feet
as part of the water supply for the Regional Water System,
including defining the conditions that will not constitute a
material adverse affect;
(F) the State has enacted any necessary legislation and
provided any funding that may be required under the
Settlement Agreement;
(G) a partial final decree that sets forth the water rights
and other rights to water to which the Pueblos are entitled
under the Settlement Agreement and this title and that
substantially conforms to the Settlement Agreement has been
approved by the United States District Court for the District
of New Mexico; and
(H) a final decree that sets forth the water rights for all
parties to the Aamodt Case and that substantially conforms to
the Settlement Agreement has been approved by the United
States District Court for the District of New Mexico by June
15, 2017.
(b) Expiration Date.--If all the conditions precedent
described in subsection (a)(2) have not been fulfilled by
September 15, 2017--
(1) the Settlement Agreement and this Act including waivers
described in those documents shall no longer be effective;
and
(2) any funds that have been appropriated under this Act
but not expended shall immediately revert to the general fund
of the United States Treasury.
(c) Enforcement Date.--The Settlement Agreement shall
become enforceable as of the date that the United States
District Court for the District of New Mexico enters a
partial final decree pursuant to subsection (a)(2)(E) and an
Interim Administrative Order consistent with the Settlement
Agreement.
(d) Effectiveness of Waivers.--The waivers and releases
executed pursuant to section 204 shall become effective as of
the date that the Secretary publishes the notice required by
subsection (a)(1).
(e) Requirements for Determination of Substantial
Completion of the Regional Water System.--
(1) Criteria for substantial completion of regional water
system.--Subject to the provisions in section 101(d)
concerning the extent, size, and capacity of the County
Distribution System, the Regional Water System shall be
determined to be substantially completed if the
infrastructure has been constructed capable of--
(A) diverting, treating, transmitting, and distributing a
supply of 2,500 acre-feet of water to the Pueblos; and
(B) diverting, treating, and transmitting the quantity of
water specified in the Engineering Report to the County
Distribution System.
(2) Consultation.--On or after June 30, 2021, at the
request of 1 or more of the Pueblos, the Secretary shall
consult with the Pueblos and confer with the County and the
State on whether the criteria in paragraph (1) for
substantial completion of the Regional Water System have been
met or will be met by June 30, 2024.
(3) Written determination by secretary.--Not earlier than
June 30, 2021, at the request of 1 or more of the Pueblos and
after the consultation required by paragraph (2), the
Secretary shall--
(A) determine whether the Regional Water System has been
substantially completed based on the criteria described in
paragraph (1); and
(B) submit a written notice of the determination under
subparagraph (A) to--
(i) the Pueblos;
(ii) the County; and
(iii) the State.
(4) Right to review.--
(A) In general.--A determination by the Secretary under
paragraph (3)(A) shall be considered to be a final agency
action subject to judicial review by the Decree Court under
sections 701 through 706 of title 5, United States Code.
(B) Failure to make timely determination.--
(i) In general.--If a Pueblo requests a written
determination under paragraph (3) and the Secretary fails to
make such a written determination by the date described in
clause (ii), there shall be a rebuttable presumption that the
failure constitutes agency action unlawfully withheld or
unreasonably delayed under section 706 of title 5, United
States Code.
(ii) Date.--The date referred to in clause (i) is the date
that is the later of--

(I) the date that is 180 days after the date of receipt by
the Secretary of the request by the Pueblo; and
(II) June 30, 2023.

(C) Effect of act.--Nothing in this Act gives any Pueblo or
Settlement Party the right to judicial review of a
determination of the Secretary regarding whether the Regional
Water System has been substantially completed except under
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
(5) Right to void final decree.--
(A) In general.--Not later than June 30, 2024, on a
determination by the Secretary, after consultation with the
Pueblos, that the Regional Water System is not substantially
complete, 1 or more of the Pueblos, or the United States
acting

[[Page H284]]

on behalf of a Pueblo, shall have the right to notify the
Decree Court of the determination.
(B) Effect.--The Final Decree shall have no force or effect
on a finding by the Decree Court that a Pueblo, or the United
States acting on behalf of a Pueblo, has submitted proper
notification under subparagraph (A).
(f) Voiding of Waivers.--If the Final Decree is void under
subsection (e)(5)--
(1) the Settlement Agreement shall no longer be effective;
(2) the waivers and releases executed pursuant to section
204 shall no longer be effective; and
(3) any unexpended Federal funds, together with any
interest earned on those funds, and title to any property
acquired or constructed with expended Federal funds shall be
returned to the Federal Government, unless otherwise agreed
to by the Pueblos and the United States and approved by
Congress.

SEC. 204. WAIVERS AND RELEASES.

(a) Claims by the Pueblos and the United States.--In return
for recognition of the Pueblos' water rights and other
benefits, including waivers and releases by non-Pueblo
parties, as set forth in the Settlement Agreement and this
Act, the Pueblos, on behalf of themselves and their members,
and the United States acting in its capacity as trustee for
the Pueblos are authorized to execute a waiver and release
of--
(1) all claims for water rights in the Pojoaque Basin that
the Pueblos, or the United States acting in its capacity as
trustee for the Pueblos, asserted, or could have asserted, in
any proceeding, including the Aamodt Case, up to and
including the waiver effectiveness date identified in section
203(d), except to the extent that such rights are recognized
in the Settlement Agreement or this Act;
(2) all claims for water rights for lands in the Pojoaque
Basin and for rights to use water in the Pojoaque Basin that
the Pueblos, or the United States acting in its capacity as
trustee for the Pueblos, might be able to otherwise assert in
any proceeding not initiated on or before the date of
enactment of this title, except to the extent that such
rights are recognized in the Settlement Agreement or this
Act;
(3) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to land resulting from
such damages, losses, injuries, interference with, diversion,
or taking) for land within the Pojoaque Basin that accrued at
any time up to and including the waiver effectiveness date
identified in section 203(d);
(4) their defenses in the Aamodt Case to the claims
previously asserted therein by other parties to the
Settlement Agreement;
(5) all pending and future inter se challenges to the
quantification and priority of water rights of non-Pueblo
wells in the Pojoaque Basin, except as provided by section
2.8 of the Settlement Agreement;
(6) all pending and future inter se challenges against
other parties to the Settlement Agreement;
(7) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to land resulting from
such damages, losses, injuries, interference with, diversion,
or taking of water) attributable to City of Santa Fe pumping
of groundwater that has effects on the ground and surface
water supplies of the Pojoaque Basin, provided that this
waiver shall not be effective by the Pueblo of Tesuque unless
there is a water resources agreement executed between the
Pueblo of Tesuque and the City of Santa Fe; and
(8) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to land resulting from
such damages, losses, injuries, interference with, diversion,
or taking of water) attributable to County of Santa Fe
pumping of groundwater that has effects on the ground and
surface water supplies of the Pojoaque Basin.
(b) Claims by the Pueblos Against the United States.--The
Pueblos, on behalf of themselves and their members, are
authorized to execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating to claims for water rights in or water of
the Pojoaque Basin or for rights to use water in the Pojoaque
Basin that the United States acting in its capacity as
trustee for the Pueblos asserted, or could have asserted, in
any proceeding, including the Aamodt Case;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including damages, losses or injuries to
hunting, fishing, gathering or cultural rights due to loss of
water or water rights; claims relating to interference with,
diversion or taking of water or water rights; or claims
relating to failure to protect, acquire, replace, or develop
water, water rights or water infrastructure) within the
Pojoaque Basin that first accrued at any time up to and
including the waiver effectiveness date identified in section
203(d);
(3) all claims against the United States, its agencies, or
employees for an accounting of funds appropriated by Acts,
including the Act of December 22, 1927 (45 Stat. 2), the Act
of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930
(46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115),
the Act of March 4, 1931 (46 Stat. 1552), the Act of July 1,
1932 (47 Stat. 525), the Act of June 22, 1936 (49 Stat.
1757), the Act of August 9, 1937 (50 Stat. 564), and the Act
of May 9, 1938 (52 Stat. 291), as authorized by the Pueblo
Lands Act of June 7, 1924 (43 Stat. 636), and the Pueblo
Lands Act of May 31, 1933 (48 Stat. 108), and for breach of
Trust relating to funds for water replacement appropriated by
said Acts that first accrued before the date of enactment of
this Act;
(4) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims
relating to the Pueblos' water rights in the Aamodt Case; and
(5) all claims against the United States, its agencies, or
employees relating to the negotiation, Execution or the
adoption of the Settlement Agreement, exhibits thereto, the
Partial Final Decree, the Final Decree, or this Act.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
Act, the Pueblos on behalf of themselves and their members
and the United States acting in its capacity as trustee for
the Pueblos retain.--
(1) all claims for enforcement of the Settlement Agreement,
the Cost-Sharing and System Integration Agreement, the Final
Decree, including the Partial Final Decree, the San Juan-
Chama Project contract between the Pueblos and the United
States or this Act;
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(3) all rights to use and protect water rights acquired
pursuant to state law to the extent not inconsistent with the
Partial Final Decree, Final Decree, and the Settlement
Agreement;
(4) all claims against persons other than Parties to the
Settlement Agreement for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to lands resulting from
such damages, losses, injuries, interference with, diversion,
or taking of water) within the Pojoaque Basin arising out of
activities occurring outside the Pojoaque Basin;
(5) all claims relating to activities affecting the quality
of water including any claims the Pueblos may have under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), and the
regulations implementing those laws;
(6) all claims against the United States relating to
damages, losses, or injuries to land or natural resources not
due to loss of water or water rights (including hunting,
fishing, gathering or cultural rights);
(7) all claims for water rights from water sources outside
the Pojoaque Basin for land outside the Pojoaque Basin owned
by a Pueblo or held by the United States for the benefit of
any of the Pueblos; and
(8) all rights, remedies, privileges, immunities, powers
and claims not specifically waived and released pursuant to
this Act or the Settlement Agreement.
(d) Effect of Section.--Nothing in the Settlement Agreement
or this Act--
(1) affects the ability of the United States acting in its
sovereign capacity to take actions authorized by law,
including any laws relating to health, safety, or the
environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.), and the regulations implementing those laws;
(2) affects the ability of the United States to take
actions acting in its capacity as trustee for any other
Indian tribe or allottee; or
(3) confers jurisdiction on any State court to--
(A) interpret Federal law regarding health, safety, or the
environment or determine the duties of the United States or
other parties pursuant to such Federal law; or
(B) conduct judicial review of Federal agency action;
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on June 30, 2021.
(2) Effect of subparagraph.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.

SEC. 205. EFFECT.

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

The SPEAKER pro tempore. After 1 hour of debate on the bill, as
amended, it shall be in order to consider the amendment printed in part
B of House Report 111-399 if offered by the gentleman from California
(Mr. McClintock) or his designee, which shall be considered read, and
shall be debatable for 10 minutes equally divided and controlled by the
proponent and an opponent.
The gentleman from West Virginia (Mr. Rahall) and the gentleman from
Washington (Mr. Hastings) each will control 30 minutes.
The Chair recognizes the gentleman from West Virginia.

General Leave

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members

[[Page H285]]

may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on H.R. 3342.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
We are now proceeding with the second of three bills to implement
Indian water rights settlement agreements being considered by this body
today. The pending measure, like the previous bill, is sponsored by our
colleague Ben Ray Lujan of New Mexico and cosponsored by Martin
Heinrich of that State.
This legislation would settle the water rights of four pueblos in New
Mexico under an agreement with the State of New Mexico, Santa Fe
County, the city of Santa Fe, and individual water users. It would end
44 years of active litigation involving over 2,500 defendants by
ratifying the settlement agreement and funding a regional water system
for all water users in the valley.
The previous bill we considered would end 40 years of litigation. The
one we are currently considering would end 44 years of litigation. I
would say to my colleagues that today we are making history. The
American people want certainty. During these tough economic times, we
all want to have certainty in our lives. But for many, a long-year
certainty with respect to water has not been the case in the Rio Grande
watershed. Today we can provide that certainty.
The pending measure would secure water to meet the current and future
needs of the pueblos involved, protect water users that make the region
unique, preserve irrigation in the area, and provide water for all the
region's residents. As in the case of H.R. 3342, water rights
settlements improve water management by providing certainty not just to
the quantification of a tribe's water rights but also to the water
rights of all users. Certainty provides opportunities for economic
development, for Indian and non-Indians alike. Where Indian water
rights are unquantified, there is often tension and conflict between
tribes and their neighbors. The best settlements, like the ones before
us today, replace tension with collaboration, mutual interdependence,
and trust.
I commend the team of Lujan and Heinrich for their hard work on this
matter. I again would acknowledge the long hours of work that have been
put into this measure by the distinguished gentlewoman from California,
Grace Napolitano, in her position as chairwoman for our Subcommittee on
Water and Power. She has gone through countless hours of hearings and
discussions and meetings on these bills. I thank the four pueblos and
their settlement partners for their hard work and dedication.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
The arguments that I made on the previous bill are exactly applicable
to this bill. So let me simply summarize. To summarize, I believe, and
we believe on this side, that settlement agreements are in the best
interests for all parties involved. But there is an element that needs
to be highlighted because settlement agreements generally at the end
cost money, and the missing part of these agreements on these three
bills that we are considering today is, What is the cost to the
taxpayer?
We need to have transparency when we make that decision, and that
decision, unfortunately, was not afforded to us in committee, and at
the last minute, it was afforded to us in a very ambiguous way. So it's
for that reason, while I support the claims settlements as a general
principle, not having all the information, I must oppose this bill, as
I did the last bill. And with the next bill coming up, I will say
essentially the same thing.
So with that, Mr. Speaker, I reserve the balance of my time.

{time} 1115

Mr. RAHALL. Mr. Speaker, I am happy to yield such time as she may
consume to the distinguished gentlewoman from California (Mrs.
Napolitano), the chairlady of our Water and Power Subcommittee.
Mrs. NAPOLITANO. Thank you, Chairman Rahall and Ranking Member
Hastings.
You have heard about the three bills. We are here today on these
three pieces of legislation that would settle the water rights of six
Native American nations in New Mexico and Arizona. The people on these
reservations inhabit the same sacred lands as their fathers, their
grandfathers, and many generations before. These three bills would
provide them with the water that their ancestors were entitled to but
never received.
We often take for granted the most basic of our resources, water. The
people of the pueblos and the high country of Arizona never have. They
understand the value of water and its importance in their cultures and
well-being. Water is the lifeblood of these individuals, and when they
were assigned reservations of land, their assumption was that they
would also have access to the water they needed to survive. They were
not, and hence for the last 140-plus years, these individual Americans
have been fighting for the right to this most basic of resources,
water. It is time today for us to do something about this for these six
native nations.
Mr. Chairman, you mentioned Charlie Dorame in your statement as an
example of the type of dedication that has been made for these water
rights settlements and the subsequent legislation. Leaders in each
tribe and pueblo have invested many decades in trying to acquire water
rights that for generations came without legal restrictions but instead
were part of their homeland.
For many years these tribes have been treated as second-class
citizens of our great country, America. We have taken their lands. We
have taken their resources, and we have even taken their water. But
instead of complaining, these pueblos and tribes have worked with the
Federal Government and the local governments to legally, and I might
add very costly, attempt to acquire access to something that always has
been part of their lives, water.
Members of these tribes across the country today continue to work to
support their sovereign nations. They work with the States and work
with the local partners who see the benefit of the settlement not just
for the tribal communities but for the entire region.
Mr. Speaker, I would like to say that I have Colorado River Water
Users Association's 2010 resolutions, the Western States Water Council,
and the National Congress of American Indians here in support of this
legislation, people looking for local and regional solutions, just as
we have been directing them to do.
Mr. Speaker, I have brought with me these resolutions so we can
understand that they have wide support, not only from the Native
American areas but also from their neighbors and their friends within
the area. Each of these organizations supports the settlement of Indian
reserved water rights by negotiation or agreement. They realize in
order to plan for the future and for their economy, we need to provide
certainty to a basic human right, water.
These resolutions are consistent with the administration's views of
supporting collaborative negotiations as an inherent responsibility to
Federal trustees to Indian tribes and their members. Most importantly,
we can not, we must not forget that we are talking about Americans,
Native Americans, human beings. These tribes and pueblos have done
everything that we have asked of them and have taken the long walk to
walk with the Federal Government's legal restraints and now are in
sight of securing for their people a basic human right, water.
After decades, these people have made huge efforts to play by the
government rules to acquire rightful access to water that traditionally
came with the land that they lived on. The price for these people has
been high, the walk long and filled with many disappointments and many
empty promises.
I ask that you support this legislation today. Support it because
these Native Americans have followed all of the rules, procedures, and
hurdles that our government has laid out. Support the legislation
because it is the right thing to do and because it is supported by all
local community and regional water managers; and, most importantly,
because it is time to provide

[[Page H286]]

certainty to the tribes and the pueblos and the people of New Mexico
and Arizona that we can do right by them. At the end of the day for
this one precious resource, water, we can sit down and appreciate doing
the right thing for them.
Water, Mr. Speaker, which you are drinking, is running short in the
U.S. We need to preserve it and take care of it, and none other more
than our Native Americans love the Earth and what Mother Nature gives
us. Help us pass this bill.

2010 Resolutions Adopted by the Resolutions Committee of the Colorado
River Water Users Association, December 9, 2009

* * * * *

* * * production. The federal government should pay for
replacement power due to operational changes for recreation,
fishery or the environment.
5. Reclamation-constructed and maintained water storage and
conveyance systems situated throughout the Colorado River
Basin are critically important to the economies, the quality
of life and the survival of the people who depend upon waters
from the Basin. In order to avoid huge financial impacts
associated with performing maintenance that was deferred or
making future repairs on an emergency basis, Congress should
recognize and appropriate requisite funding to maintain
aging, critically important water project infrastructure in
the Colorado River Basin and across the West.
6. Reclamation should immediately commence and fully
implement the measures identified in its Managing for
Excellence action plan, issued in response to the National
Research Council's Managing Construction and Infrastructure
in the 21st Century Bureau of Reclamation report, including
transfer of operation and maintenance responsibility to
project sponsors when they are capable and willing to take
over such responsibility.

Resolution No. 2010-4--COLORADO RIVER SALINITY CONTROL

The CRWUA urges continued funding and implementation of
measures to control the salinity of the Colorado River. The
Administration should request and Congress should provide
sufficient funding for the Colorado River Basin Salinity
Control Program.

Resolution No. 2010-5--SETTLEMENT OF INDIAN RESERVED RIGHTS

The CRWUA supports the settlement of Indian reserved water
rights by negotiation or agreement, recognizing that:
1. Settlements should result in the least possible
disruption of existing water uses and the economies based on
those uses, while at the same time providing the affected
tribes with the firm water supplies required to meet the
long-term needs of the reservation inhabitants and to
establish lasting tribal economies.
2. The achievement of these objectives requires federally
funded water projects designed to ensure that all of the
tribal water needs in the subject basin or watershed are met.
3. Appropriate participation of the Federal, State, local
governmental and Tribal entities, and non-Indian water users
in the settlement process is required for the success of any
negotiated settlement.
4. Any water rights settlements that have been approved by
the respective parties should be immediately and fully funded
to implement their terms within the specified timeframes. The
Federal Government must take advantage of existing funding
authorizations, such as Title VI, Emergency Fund for Indian
Safety and Health, of P.L. 110-293, by complying in a timely
manner with Congressional mandates and budgeting funds, while
continuing to explore and develop new creative solutions to
fund Indian water rights settlements.
____

Resolution of the Western States Water Council in Support of Indian
Water Rights Settlements, October 17, 2008

WHEREAS, the Western States Water Council, an organization
of eighteen western states, and adjunct to the Western
Governors' Association has consistently supported negotiated
settlement of Indian water rights disputes; and
WHEREAS, the public interest and sound public policy
require the resolution of Indian water rights claims in a
manner that is least disruptive to existing uses of water;
and
WHEREAS, negotiated quantification of Indian water rights
claims is a highly desirable process which can achieve
quantifications fairly, efficiently, and with the least cost;
and
WHEREAS, the advantages of negotiated settlements include:
(i) the ability to be flexible and to tailor solutions to the
unique circumstances of each situation; (ii) the ability to
promote conservation and sound water management practices;
and (iii) the ability to establish the basis for cooperative
partnerships between Indian and non-Indian communities; and
WHEREAS, the successful resolution of certain claims may
require ``physical solutions,'' such as development of
federal water projects and improved water delivery and
application techniques; and
WHEREAS, the United States has developed many major water
projects that compete for use of waters claimed by Indians
and non-Indians, and has a responsibility to both to assist
in resolving such conflicts; and
WHEREAS, the settlement of Native American water claims,
and land claims, is one of the most important aspects of the
United States' trust obligation to Native Americans and is of
vital importance to the country as a whole; and
WHEREAS, current budgetary policy makes it difficult for
the Administration, the states and the tribes to negotiate
settlements knowing that the settlements may not be funded
because funding must be offset by a corresponding reduction
in some other tribe or essential Interior Department program.
NOW, THEREFORE, BE IT RESOLVED, that the Western States
Water Council reiterates its support for the policy of
encouraging negotiated settlements of Indian water rights
disputes as the best solution to a critical problem that
affects almost all of the Western States; and
BE IT FURTHER RESOLVED, that the Western States Water
Council urges the Administration to support its stated policy
in favor of Indian land and water settlements with a strong
fiscal commitment for meaningful federal contributions to
these settlements that recognizes the trust obligations of
the United States government; and
BE IT FURTHER RESOLVED, that Congress should explore
opportunities to provide funding for the Bureau of
Reclamation to undertake project construction related to
settlements from revenues accruing to the Reclamation Fund,
recognizing the existence of other legitimate needs that may
be financed by these reserves.
BE IT FURTHER RESOLVED, that steps be taken to change
current budgetary policy to ensure that any land or water
settlement, once authorized by the Congress and approved by
the President, will be funded without a corresponding offset
to some other tribe or essential Interior Department program.
____

The National Congress of American Indians Resolution No. DEN-07-069--
Use of the Reclamation Fund for Indian Water Rights Settlements

WHEREAS, we, the members of the National Congress of
American Indians of the United States, invoking the divine
blessing of the Creator upon our efforts and purposes, in
order to preserve for ourselves and our descendants the
inherent sovereign rights of our Indian nations, rights
secured under Indian treaties and agreements with the United
States, and all other rights and benefits to which we are
entitled under the laws and Constitution of the United
States, to enlighten the public toward a better understanding
of the Indian people, to preserve Indian cultural values, and
otherwise promote the health, safety and welfare of the
Indian people, do hereby establish and submit the following
resolution; and
WHEREAS, the National Congress of American Indians (NCAI)
was established in 1944 and is the oldest and largest
national organization of American Indian and Alaska Native
tribal governments; and
WHEREAS, the settlement of Indian water rights claims is
one of the most important aspects of the United States' trust
obligations to Native Americans and is of vital importance to
the country as a whole; and
WHEREAS, despite the Department of the Interior's (DOI's)
long-standing policy favoring the settlement of Indian water
rights claims, the Administration has taken an increasingly
narrow and restrictive view of its responsibility to fund
Indian water rights settlements; and
WHEREAS, under current budgetary policy of the
Administration, funding of Indian water rights settlements
must be offset by a corresponding reduction in some other
discretionary component of the DOI's budget, putting Indian
tribes in the untenable position of having to seek funding of
these settlements at the expense of some other tribe or
essential DOI program; and
WHEREAS, there are currently three Indian water rights
settlements affecting six tribes already signed and completed
in New Mexico for which federal funding is necessary,
including the Aamodt settlement, to which the Pueblo of
Tesuque is a signatory; and
WHEREAS, nationwide many other tribes are working on water
settlements for which federal funding is necessary; and
WHEREAS, under the Reclamation Act of June 17, 1902, the
Reclamation Fund was envisioned as the principal source of
funds to finance water development in the seventeen western
states, with revenues accruing from project water and power
sales, project repayments and receipts from public land
sales, federal oil and mineral-related royalties, and other
related sources; and
WHEREAS, the unobligated balance in the Reclamation Fund
has grown annually in recent years and should serve as a
source of funding for Indian water rights settlements.
NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby
support the policy of encouraging negotiated settlements of
Indian water rights disputes as the best solution to a
critical problem that affects almost all of the western
states of the United States; and
BE IT FURTHER RESOLVED, that the NCAI urges the
Administration to support its stated policy in favor of
Indian water rights settlements with a strong fiscal
commitment for meaningful federal contributions to these
settlements that recognizes

[[Page H287]]

the trust obligations of the United States government; and
BE IT FURTHER RESOLVED, that the NCAI supports changing the
current budgetary policy to ensure that any Indian water
rights settlement, once authorized by the Congress and
approved by the President, will be funded without a
corresponding offset to some other tribe or essential DOI
program; and
BE IT FURTHER RESOLVED, that the NCAI supports allocation
of sources of revenue for the Reclamation Fund to be used to
fund Indian water rights settlements and respectfully
requests that Congress and the Administration support
allocation of monies from the Reclamation Fund or sources
paid into it to fund Indian water rights settlements; and
BE IT FURTHER RESOLVED, that the NCAI commits to advocate
to the Administration, including the Office of Management and
Budget, and Congress that the Reclamation Fund be used to
fund Indian water rights settlements; and
BE IT FURTHER RESOLVED, that within four months the NCAI
will convene a special water rights meeting with affected
tribes and invite key federal agencies to participate. After
the initial meeting, NCAI will convene a special water rights
meeting at least annually, and report progress to tribal
leaders on this resolution at every regular meeting; and
BE IT FINALLY RESOLVED, that this resolution shall be the
policy of NCAI until it is withdrawn or modified by
subsequent resolution.

Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. RAHALL. Mr. Speaker, it is my pleasure to yield to the lead
sponsor of this legislation, Mr. Ben Ray Lujan.
Mr. LUJAN. Mr. Speaker, I rise today in support of H.R. 3342, the
Aamodt Litigation Settlement Act. Before I begin, I would like to thank

my colleagues on the Resource Committee: Chairman Rahall; Chairwoman
Napolitano; my colleague from New Mexico, Mr. Heinrich; and Ranking
Member Hastings.
I also want to thank the Tesuque Acequia Association; David Ortiz and
the Rio Pojoaque Acequia and Well Water Association; D.L. Sanders and
the office of the New Mexico State Engineer; Santa Fe County, the city
of Santa Fe; and the tribal leaders from Nambe, Pojoaque, Tesuque and
San Ildefonso. Thank you for your hard work over the past decade to
reach these settlements.
The testimony of the settlement parties and tough negotiations and
debate has made the consideration of these bills possible today. The
parties to this settlement have worked for a very long time to come up
with solutions that are equitable and fair to all water users in the
Pojoaque Valley, including tribal and non-tribal residents alike.
Our water resources are precious in New Mexico. Without a reliable
water supply, we cannot improve human health, protect our cultures and
traditions, or grow our economies. This settlement will protect water
resources, advance the implementation of effective water management,
and ensure future access to water resources for all residents
encompassed by the settlement. That is what makes H.R. 3342, the Aamodt
Litigation Settlement Act of 2009, so important.
I would like to submit for the Record letters I have received from
the State of New Mexico, the County of Santa Fe, the Rio Pojoaque
Acequia and Well Water Association, the Tesuque Acequia Association and
others who have asked Congress to take a serious look at the importance
of approving these settlements because this piece of legislation is so
vital to the prolonged existence of culture and agriculture in my
district.
It has taken over 40 years, countless court proceedings,
congressional hearings and mediations before this bill arrived at this
point. The people of the Pojoaque Valley and surrounding communities
have debated and negotiated this water settlement since the 1960s.
Parties have informed me, Mr. Speaker, if legislative action does not
move forward, the Federal Court is prepared to resume legal proceedings
on the underlying Aamodt lawsuit. This litigation would have dire
effects upon all non-water rights holders in the basin and incur
tremendous court costs and legal fees on American taxpayers. The cost
to the government of continued litigation would, and probably will,
exceed the cost of the settlement itself.
We heard today, Mr. Speaker, that we did hear from the Attorney
General's office saying that they did prefer this course of action to
litigation. Senators Bingaman and Udall of New Mexico introduced
legislation in the 110th Congress to enshrine this settlement and
conducted hearings before the House Resources Committee and the Senate
Committee on Indian Affairs. In the 111th Congress, New Mexico's
Senators and I reintroduced this bill with my colleague, Martin
Heinrich from New Mexico, with improved revisions that took the
considerations of the settlement parties into account; and in doing so,
we improved the settlement.
In September, additional hearings were held on this bill, and H.R.
3254 was supported at markup in the Natural Resources Committee by
unanimous and bipartisan support. This settlement is about people and
the quality of life in small rural communities. The future of this
community depends on the availability and dependability of a water
supply. This settlement ensures just that.
Rather than continuing a course of costly litigation that could tear
a community apart, I ask my colleagues to join me in voting to enact
these settlements. Thank you again for the leadership to the members of
the Subcommittee on Water and Power and the members of the Natural
Resources Committee for their support.
You know, Mr. Speaker, as we talk about water settlements going
forward, I know that Democrats and Republicans from this side of the
aisle and from the other side of the aisle, we all have the honor of
representing constituencies that include Native Americans and tribal
communities. In New Mexico there was a school project. They asked the
kids to draw pictures where they get their water from. Most kids in
school districts across New Mexico drew pictures of water faucets going
into water bottles, things of that nature. There were children from
Native American communities who drew pictures of their mother and
fathers, brothers and sisters carrying water jugs to get water into
their homes. They drew pictures of their fathers driving pickup trucks
with large water containers like you would to provide water to animals
out on the range.
I hope we don't lose sight, Mr. Speaker, of the fact that water is a
very precious resource and there are still many people across this
great Nation of ours who don't have access to it.

County of Santa Fe,

State of New Mexico,

Santa Fe, NM, January 14, 2010.
Re Support for Aamodt Litigation Settlement Legislation.

Hon. Ben Ray Lujan,
Andrew Jones, Legislative Director, Cannon House Office
Bldg., House of Representatives, Washington, DC.
Dear Congressman Lujan: On behalf of Santa Fe County, I
want to affirm the County's strong support for the Aamodt
Litigation Settlement Act (H.R. 3342). Santa Fe County
expresses its great appreciation to you for your continued
support of the settlement and urges your help in securing
passage of this very important legislation.
As I testified this past session before the House
Subcommittee on Water and Power, the settlement will achieve
a fair and equitable resolution of the difficult and
entrenched water disputes that have plagued the Pojoaque
Valley for so many years. Rather than defining winners and
losers, the settlement protects existing uses and allows for
future growth by careful management of available water
resources. At the same time, it recognizes and safeguards
time immemorial and senior use priorities of Pueblos and
early Spanish acequias. The settlement also creates a
reliable supply to more recent domestic and commercial uses,
and is flexible enough to account for changing uses in the
future. Without settlement, I am certain valley residents
will be subjected to intractable and divisive litigation for
many years, fostering regional conflict and leaving junior
water users at great risk of curtailment.
Also, as I have previously testified, I recognize that some
of my non-Pueblo constituents continue to be dissatisfied
with the settlement. Consequently, the County will be
conducting a series of community outreach and settlement
focus meetings in the coming months. We will do this even if
the legislation is first enacted into law. The County has
contracted with the adjudication ombudsman program at the
University of New Mexico to facilitate the community outreach
program. The purpose of the meetings will be to hear public
concerns and to provide information about the settlement.
Ultimately, the settlement must be accepted by the community
to succeed.
On behalf of Santa Fe County, I greatly appreciate your
help with this matter.
Sincerely,
Harry B. Montoya,
Santa Fe County Commissioner.

[[Page H288]]

____
Rio de Tesuque Acequia Association,

Santa Fe, NM, January 18, 2010.
Dear Congressmen Lujan, Teague and Heinrich: As president
of the board of directors of the Rio De Tesuque Acequia
Association, I have been asked to reiterate our support for
the proposed settlement agreement of the long standing Aamodt
water rights litigation, as per H.R. 3342.
We represent 5 acequias and over 150 irrigation users
(parciantes). We have worked with our neighbors at the
Tesuque Pueblo for several decades now and we all feel that
the settlement represents a good solution for both parties.
The settlement assures all parties a good and reliable
water supply for both the acequias and the domestic users. As
irrigators, we know the importance of this and know that we
cannot be serious about agriculture unless we know we have a
reliable source of water.
We appreciate your support and look forward to your vote in
support of legislation that will enable the settlement.
Sincerely,
Margo Cutler,
President.
____

Santa Fe, NM, January 18, 2010.
Re H.R. 3342, The Aamodt Litigation Settlement Act.

Hon. Ben Ray Lujan,
Cannon House Office Building,
Washington, DC.
Dear Representative Lujan: I write in strong support of
H.R. 3342, The Aamodt Litigation Settlement Act. As you know,
my Administration has been instrumental in bringing the
interested parties together to reach a settlement and
potential closure to this matter. I have witnessed the
extraordinary effort that all of the parties have exerted to
successfully resolve some of the most contentious issues
related to the Aamodt litigation. The parties' commitment to
resolution is commendable and should be recognized. Should
Congress not pass this Act, it will not only be disappointing
to all involved but could also open all of the parties up to
more litigation and costly delay.
For its part, New Mexico stands ready to meet its
obligations under any settlement. Through legislation that I
supported and ultimately signed into law, the State has
already committed in statute $1.0 million in bonding
authority as part of the State's share of any settlement. As
such, the State is ready to assist in the implementation of
any settlement achieved through the passage of H.R. 3342.
Passage of this bill would not only end more than forty
years of contentious litigation, but would render a
conclusion that is amendable to many. I urge you and your
colleagues to pass H.R. 332 and I offer any support that you
may need to achieve this worthy goal.
Sincerely,
Bill Richardson,
Governor.
____

Rio Pojoaque Acequia

and Water Well Users Association,

January 14, 2010.
Hon. Ben Ray Lujan,
Attention Andrew Jones, Legislative Director, House of
Representatives, Washington, DC.
Dear Representative Lujan: On behalf of the Rio Pojoaque
Acequia and Water Well Users Association, I am writing to you
to reiterate our strong support for the Aamodt Litigation
Settlement Act (H.R. 3342), legislation you introduced in
July 2009 and favorably reported by the Committee on. Natural
Resources on January 12, 2010.
I understand the House of Representatives will consider
this important legislation when it resumes legislative
business during the week of January 18, 2010. As you know
well, this legislation would ratify the settlement of a
Federal lawsuit that was filed in 1966. The settlement itself
subject to years of intense negotiations by the State of New
Mexico, the City and County of Santa Fe, the Pueblos of
Nambe, Pojoaque, San Ildefonso, and Tesuque and others and
was signed by these parties in 2006.
In addition to resolving the water claims of the Four
Pueblos and providing certainty in terms of long-term water
supplies in the region, the centerpiece of H.R. 3342 is the
construction of a regional water system that will provide
water for residential, municipal, agricultural, and business
uses and will serve the Pueblo and non-Pueblo residents in
the Pojoaque Basin. I feel compelled to remind you that in
the absence of congressional action on H.R. 3342, the parties
would return to court and, given the priority of the Pueblos'
water rights, the resulting ruling would likely be far more
detrimental to the other water users in the Basin.
Thank you for your commitment to settling the Aamodt
litigation and your strong support for the citizens of the
Pojoaque Basin.
Sincerely,

Meade P. Martin,

Vice President, Rio Pojoaque Acequia
and Water Well Users Association.
____

Pojoaque Valley

Irrigation District,

Santa Fe, NM, January 14, 2010.
Hon. Ben Ray Lujan,
Attention Andrew Jones, Legislative Director, House of
Representatives, Washington, DC.
Dear Representative Lujan: On behalf of the 18 acequia
associations and over 700 water users that comprise the
Pojoaque Valley Irrigation District, I am writing to you to
reiterate our strong support for the Aamodt Litigation
Settlement Act (H.R. 3342), legislation you introduced in
July 2009 and favorably reported by the Committee on Natural
Resources on January 12, 2010.
I understand the House of Representatives will consider
this important legislation when it resumes legislative
business during the week of January 18, 2010. As you know
well, this legislation would ratify the settlement of a
Federal lawsuit that was filed in 1966. The settlement itself
subject to years of intense negotiations by the State of New
Mexico, the City and County of Santa Fe, the Pueblos of
Nambe, Pojoaque, San Ildefonso, and Tesuque and others and
was signed by these parties in 2006.
In addition to resolving the water claims of the Four
Pueblos and providing certainty in terms of long-term water
supplies in the region, the centerpiece of H.R.3342 is the
construction of a regional water system that will provide
water for residential, municipal, agricultural, and business
uses and will serve the Pueblo and non-Pueblo residents in
the Pojoaque Basin. I feel compelled to remind you that in
the absence of congressional action on H.R. 3342, the parties
would return to court and, given the priority of the Pueblos'
water rights, the resulting ruling would likely be far more
detrimental to the other water users in the Basin.
Thank you for your commitment to settling the Aamodt
litigation and your strong support for the citizens of the
Pojoaque Basin.
Sincerely,

David Ortiz,

Chairman,
Pojoaque Valley Irrigation.

Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, the issue that we are debating here is not the
settlement claims per se. I think we all in this House agree that if
you can get agreement with parties involved in litigation and come to
agreement amongst them, that is good policy. That has very well been
explained by my friends on the other side of the aisle. But what is at
issue here is the third part, and that is: Is this claim going to be
beneficial to the taxpayers by not costing the taxpayers more than if
they went through litigation? That is what the issue is. It is very
clear.
Now, the gentleman from New Mexico just a moment ago said something
to the effect that this would save the taxpayers money by not going
through litigation. I would like to ask the gentleman, and I will yield
to the gentleman if he can provide me documents as to that fact. I
would be more than happy to yield to the gentleman if he can provide
that to me.
Mr. LUJAN. I appreciate the ranking member from the Natural Resources
Committee yielding to me.
Mr. Speaker, what we have here is clear language on the dockets of
the State of New Mexico that has been expressed by many of the parties
which encouraged them to go to litigation, that very much do hold--that
senior water rights holders in the State of New Mexico, which these
tribal communities are, do hold senior water rights.
Mr. HASTINGS of Washington. Reclaiming my time, Mr. Speaker, the
question I asked the gentleman was about a statement that he made that
it would be more costly to go through litigation than to settlement. I
asked the gentleman very specifically if he has documentation to that
effect. And so I hope that the gentleman would respond to me on that
point because that is the difference in this debate on this bill and
the last bill.
I would be more than happy to yield to the gentleman if he has that
documentation.
Mr. LUJAN. Mr. Speaker, as we are talking about the importance of how
we can achieve cost savings to taxpayers across the country, it is
important that we understand the laws and the protections that are held
to those individuals that are senior water rights users, which clearly
is the reason why so many people could be impacted. And as litigation
continues, the cost of litigation adds additional cost to the taxpayers
of the country.
Mr. HASTINGS of Washington. Mr. Speaker, I want to interrupt.
Do you have documentation to that point? We asked the Department of
Justice specifically on that point, and they have not responded. Do you
have documentation on that point? Listen, if this saves the taxpayer
money, I am totally in favor of it. All we are asking is for that
documentation. If the gentleman has it, please provide it. Does the
gentleman have it?
I yield to the gentleman from New Mexico.

[[Page H289]]

Mr. LUJAN. Mr. Speaker, it is clear that I don't have the response
that my ranking member colleague may be looking for. But his counsel
may inform him as well as our counsel has informed us that some of that
documentation is not public record at this time. With that, I tried to
answer the question, but I apologize to the ranking member that we are
not able to provide the answer that the ranking member may be looking
for.
Mr. HASTINGS of Washington. Reclaiming my time, Mr. Speaker, I just
want to emphasize, this is the core point. The gentleman just said he
doesn't have it, and yet we are being asked here, Members of the U.S.
House, representing everybody in this country, taxpayers who may not be
involved with this, to pass judgment and support this settlement
agreement when we don't know if the cost is beneficial or not. That's
the issue.
I would hope, as I said in my closing remarks on the first bill, when
we have future settlements coming forward we can have this information,
full transparency, Mr. Speaker, in committee so we don't have to go
through this drill on the floor and go back and forth and then
unfortunately have somebody say we don't have this documentation.
Mr. Speaker, that's the issue here. We are not arguing about the
benefits of the claims. I am sure that they are very good. There have
been long negotiations.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I am happy once again to yield such time as
he may consume to the cosponsor of this litigation, the gentleman from
New Mexico (Mr. Heinrich).
Mr. HEINRICH. Mr. Speaker, I am very pleased to stand in solidarity
with my colleague, Representative Ben Ray Lujan, in bringing this very
challenging chapter in New Mexico history to a close. I also want to
thank Chairman Rahall and Chairwoman Napolitano for their support of
this settlement.
The Aamodt water rights litigation is literally the oldest active
case in our Nation's Federal Court, literally older than myself and my
colleague. Since 1966, these communities have waited for a resolution
to this case. The bill here before us represents the culmination of
decades of hard work and difficult compromise by the effective
stakeholders to negotiate an agreement that meets each community's
long-term needs.

{time} 1130

During the committee hearings we heard from representatives of local,
State, and Pueblo governments. And I want to commend each of them for
their enduring efforts to achieve this settlement.
The Aamodt water settlement will enable the Secretary of Interior,
through the Bureau of Reclamation, to create a long-awaited regional
water system. That system will be jointly operated by Santa Fe County,
along with the four northern New Mexico Pueblos, and provide a great
deal of certainty to all Rio Grande water users. Sixty percent of its
capacity will deliver water to the Pueblos, 40 percent will go to the
county water utility.
This legislation has been a generation or more in the making, and I
look forward to its long-awaited contribution to the well-being of the
Pueblos and the future of the entire State of New Mexico.
I would urge my colleagues' support.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3
minutes to the gentleman from California (Mr. Daniel E. Lungren).
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I rise in support
of the idea of transparency in this and in all things. I think that
some observers may not appreciate the issues that are before us when we
are dealing with Indian rights, whether it is settlement or something
else, because of the unique situation of Native Americans in the United
States and how the relationship that we have with the Indian Nations is
as a result directly of the Constitution of the United States.
Often it is good for us to remind ourselves of the first principles
involved when we are dealing with these issues. And therefore, Mr.
Speaker, I would like to also mention that today, in a blow for
freedom, in a tremendous action of a return to first principles under
the Constitution, the United States Supreme Court finally got it right.
The United States Supreme Court, in the case of Citizens United v.
Federal Election Commission, finally focused on the first amendment and
talked about the essence of the first amendment being political speech.
We have been distracted so often in other decisions by the Court that
they have lost in many times their focus on the fact that the first
amendment is in essence a protection of our political speech. And today
they overruled a previous case where they had wandered from that. They
said to us that Congress cannot in fact make choices between preferred
speakers and nonpreferred speakers, preferred organizations and
nonpreferred organizations.
And here is one of the kernels of truth contained in today's majority
opinion. ``Political speech is so ingrained in this country's culture
that speakers find ways around campaign finance laws.'' That oftentimes
in this body we, in the effort to try and cleanse the political system
from the possibility of people who might take undue advantage of it,
render political speech to the sidelines. And the Court has said the
people are smarter than that. They can get around that, and therefore
we ought to attempt to allow the full flowering of political speech.
The Court also said this. ``Rapid changes to technology--and the
creative dynamic inherent in the concept of free expression--counsel
against upholding a law that restricts political speech in certain
media or by certain speakers.'' This is a great day, Mr. Speaker. This
is a great day. The Court said, ``Differential treatment of media
corporations and other corporations cannot be squared with the first
amendment, and there is no support for the view that the amendment's
original meaning would permit suppressing media corporations' political
speech.''
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the gentleman an additional 30
seconds.
Mr. DANIEL E. LUNGREN of California. It is said that their previous
decision in Austin allows ``censorship that is vast in its reach,
suppressing the speech of both for-profit and nonprofit, both small and
large, corporations.''
Earlier this week the people of Massachusetts reminded us that here
the people prevail, that the Constitution starts with the words, ``We,
the people.'' That despite what the pundits say, despite what special
interests say, the people prevail. Today the Supreme Court said the
people can speak. It is a great day.
Mr. RAHALL. Mr. Speaker, I have no further requests for time, and I
am prepared to yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, if I understand, the
gentleman will be the last speaker. I know my friend Mr. McClintock is
not going to offer his amendment. So I will close and I will yield
myself the balance of the time by simply saying, Mr. Speaker, that the
issue here is not the benefits of these settlements. We think those
settlements are good. The one element that we have a question on is
what is the cost to the taxpayer? I think that is a very, very
legitimate issue for us in the U.S. House to consider.
So with that reason, as I mentioned earlier, I have to reluctantly
oppose all three of these bills. And I would hope in the future at the
committee level we can have this full transparency on future
settlements that we will inevitably have in this Congress.
With that, Mr. Speaker, I urge my colleagues to vote ``no'' on this
bill, and I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, just to conclude and reiterate what I have
already said, that 44 years of litigation is far too long, 40 years of
litigation is far too long. We all know the tremendous costs involved
in litigation to the Federal taxpayer, the amount of salaries paid to
judges, lawyers. We could go on and on about the costs that the
taxpayer ends up bearing over some 44 years of litigation, longer time
period than Moses spent in the desert. So with that, I would say that
this bill is certainly economical to the American taxpayers, and I
would urge its passage.

[[Page H290]]

I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate on the bill has expired.
The Chair understands that the amendment will not be offered.
Pursuant to House Resolution 1017, the previous question is ordered
on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. RAHALL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

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