What does Preamble of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This bill concerns the settlement of water rights claims of Ohkay Owingeh in the Rio Chama Stream System. It aims to restore the Bosque on Pueblo Land in the State of New Mexico. The bill includes provisions for other purposes, though these are not specified in the provided text.

What does PURPOSES. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This Act aims to settle claims to water rights in the Rio Chama Stream System in the State. It seeks to achieve a fair, equitable, and final settlement for Ohkay Owingeh and the United States, acting as trustee for Ohkay Owingeh. The Act intends to authorize, ratify, and confirm an agreement between Ohkay Owingeh, the State, and other parties, provided it aligns with the Act. It directs the Secretary to execute the agreement and take actions to implement it. The Act authorizes funding for the implementation of the agreement and the Act itself.

What does DEFINITIONS. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section defines key terms used throughout the Act. “Adjudication” refers to a specific water rights case in the United States District Court for the District of New Mexico. “Agreement” includes the ‘Ohkay Owingeh Rio Chama Water Rights Settlement’ document and any amendments ensuring consistency with the Act. “Bosque” is defined as a gallery forest along a riparian floodplain. “Enforceability Date” is determined by section 8. “Ohkay Owingeh” and “Pueblo” refer to the federally recognized Indian nation. “Pueblo Grant” refers to land recognized by a Federal patent issued in 1858. “Pueblo Land” encompasses land held in trust, owned before the Enforceability Date, or acquired after the date, meeting specific location criteria. “Pueblo Water Rights” are defined by the Agreement and section 5, and confirmed in the Partial Final Judgment and Decree. “Rio Chama Stream System” refers to a specific drainage basin within New Mexico. “Secretary” refers to the Secretary of the Interior. “Signatory Acequia” refers to an acequia that signed the Agreement. “State” means the State of New Mexico. “Trust Fund” refers to the Ohkay Owingeh Water Rights Settlement Trust Fund established under section 6(a).

What does RATIFICATION OF AGREEMENT. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section ratifies and confirms the Agreement, except where modified by the Act and to the extent it does not conflict with the Act. Amendments to the Agreement requiring the Secretary's signature are also authorized, ratified, and confirmed if consistent with this Act. The Secretary is authorized to execute the Agreement, including exhibits, provided it doesn't conflict with this Act and may approve modifications consistent with the Act. Implementation of the Agreement and this Act requires compliance with the Endangered Species Act, the National Environmental Policy Act, and other applicable federal environmental laws. The Pueblo is responsible for preparing environmental documents consistent with federal laws during implementation. The Secretary is responsible for evaluating the Pueblo's environmental documentation and ensuring its accuracy and scope. The Pueblo must coordinate with the Corps of Engineers for bosque restoration projects funded under this Act to avoid interference with existing federal projects. The execution of the Agreement does not constitute a major federal action under NEPA. Costs associated with compliance and coordination activities are generally paid from the Trust Fund, but certain federal review costs remain the Secretary's responsibility.

What does PUEBLO WATER RIGHTS. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section establishes that the Pueblo Water Rights are held in trust by the United States on behalf of Ohkay Owingeh. The Pueblo Water Rights are protected from loss through non-use, forfeiture, abandonment, or other operation of law. State-law based water rights acquired by Ohkay Owingeh after a specified date are also protected from forfeiture and alienation. Any use of the Pueblo Water Rights is subject to the terms and conditions of the Agreement and this Act. Ohkay Owingeh has the authority to allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land, adhering to the Agreement, this Act, and federal law. Ohkay Owingeh may also allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land, subject to Secretary approval. Leases for use off Pueblo Land are limited to a maximum term of 99 years. The Pueblo is prohibited from permanently alienating any portion of the Pueblo Water Rights. Authorizations provided by this Act satisfy requirements for authorization of actions under federal law. Non-use of the Pueblo Water Rights by any water user will not result in forfeiture.

What does SETTLEMENT TRUST FUND. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section establishes the “Ohkay Owingeh Water Rights Settlement Trust Fund” to be managed by the Secretary. The Trust Fund will receive deposits from section 7(a) and investment earnings. The Secretary will manage and invest the Trust Fund according to existing authorities, including the Act of June 24, 1938, and the American Indian Trust Fund Management Reform Act of 1994. Amounts in the Trust Fund will be available to Ohkay Owingeh beginning on the Enforceability Date, subject to requirements outlined in this section. Up to $100,000,000 can be used for immediate bosque restoration, acequia improvements, administrative department establishment, water rights acquisition, and water infrastructure development. The Pueblo can withdraw funds through a Tribal management plan approved by the Secretary or through an approved expenditure plan. The Trust Fund can be used for water infrastructure, water acquisition, habitat protection, land and water rights acquisition, Pueblo community welfare, and implementation of the Agreement. Ohkay Owingeh is responsible for the operation, maintenance, and replacement of projects constructed using Trust Fund funds. Ohkay Owingeh must annually submit expenditure reports to the Secretary.

What does FUNDING. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section establishes funding for a Trust Fund. The Secretary of the Treasury is directed to transfer $745,000,000 to the Trust Fund, which will remain available until expended. The appropriated amount may be increased or decreased based on fluctuations in construction costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend. The Secretary can adjust the appropriated amount to address unforeseen market volatility and construction cost changes. The adjustment process will be repeated for each subsequent appropriation until the adjusted amount is appropriated. The indexing period for funding adjustments starts on June 1, 2023, and ends when funds are deposited. The State is required to contribute $98,500,000 for Signatory Acequias ditch improvements, $32,000,000 for the City of Espanola's water system improvements, and $500,000 to mitigate groundwater rights impairment. State contributions are subject to inflation adjustments as outlined in the Agreement.

What does ENFORCEABILITY DATE. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section establishes the Enforceability Date for the agreement. The Enforceability Date is triggered when the Secretary publishes a statement of findings in the Federal Register. The findings require amendments to the Agreement to conform with the Act. Execution of the Agreement by all parties, including the United States, is required. Approval of the Agreement by the United States District Court for the District of New Mexico, including a Partial Final Judgment and Decree, is necessary. All appropriated amounts under section 7(a) must be appropriated and deposited in the Trust Fund. The State must provide funding as outlined in sections 7(c)(1), 7(c)(2), and 7(c)(3) and deposit it into the appropriate funding account. The State must enact legislation allowing Pueblo Water Rights to be leased for up to 99 years, including renewals. Waivers and releases under section 9 must be executed by Ohkay Owingeh and the Secretary.

What does WAIVERS AND RELEASES OF CLAIMS. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section outlines waivers and releases of claims by Ohkay Owingeh and the United States, acting as trustee, as consideration for recognition of Pueblo Water Rights and other benefits. Ohkay Owingeh waives claims related to water rights within the Rio Chama Stream System, including damages and injuries to those rights, accrued up to the Enforceability Date. The United States, as trustee, also waives claims against the United States relating to water rights within the Rio Chama Stream System, first arising before the Enforceability Date. Certain claims are specifically reserved, including those relating to the enforcement of water rights recognized under the Agreement and this Act, and activities affecting water quality. The waivers and releases take effect on the Enforceability Date. This Act does not reduce the sovereignty of any government entity or affect the United States’ ability to carry out activities authorized by law. If the Secretary fails to publish a statement of findings under section 8 by a specified date, the waivers and releases expire, and other consequences follow, including the return of Federal funds. The Act includes a tolling provision for periods of limitation and equitable defenses relating to claims described in the section.

What does SATISFACTION OF CLAIMS. of Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025 do?

This section addresses the satisfaction of claims. Benefits provided under the Act replace, substitute for, and fully satisfy claims of Ohkay Owingeh against the United States. The claims being satisfied are those waived and released by Ohkay Owingeh under section 9(b).

Back to bills

Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025

Last updated: 2/13/2025 · Introduced: 2/13/2025

Author: Teresa Leger Fernandez (D-NM)

TL;DR (AI)

This bill settles water rights claims of the Ohkay Owingeh Pueblo in the Rio Chama Stream System, aiming to restore the Bosque on Pueblo Land in New Mexico.
It establishes a $745 million Trust Fund, potentially increased based on construction costs, to support bosque restoration, acequia improvements, and other Pueblo community welfare initiatives.
The bill ratifies an agreement between Ohkay Owingeh, the State of New Mexico, and other parties, authorizing funding and requiring compliance with environmental laws during implementation.
It protects Pueblo Water Rights from loss through non-use or forfeiture and allows Ohkay Owingeh to allocate and lease these rights, with limitations on off-Pueblo land leases.
The bill outlines waivers and releases of claims between Ohkay Owingeh and the United States, contingent upon specific conditions being met, including publication of findings and State funding contributions.

119th Congressin committeeS. 563(In Committee)Official page

Verified Votes

No verified votes yet.

Community Votes

No community votes yet. Be the first!

Voting as guest · Sign in for verified votes

Other Sections

Includes provisions on preamble, purposes., and 10 more.

12 sections

Click "Show details" to explore individual sections. Use the community vote above or visit All Sections to vote per section.

Read official text

Want the full experience?

Create a free account to cast verified votes on each section, get a personalized summary, and track your voting history.

Create Free Account