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. The bill 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 this section.

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 of these claims for Ohkay Owingeh and the United States, acting as trustee for Ohkay Owingeh. The Act authorizes, ratifies, and confirms 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 necessary actions to implement it. The Act authorizes funds 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 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 that date within specific boundaries. “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 the drainage basin within New Mexico, illustrated in Exhibit A of the Agreement. “Secretary” refers to the Secretary of the Interior. “Signatory Acequia” is 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 doesn't 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, provided it doesn't conflict with this Act, and can approve modifications consistent with the Act, unless congressional approval is required. 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 and regulations. The Pueblo is responsible for preparing environmental documents consistent with the same environmental laws and regulations. The Secretary is responsible for independently evaluating the Pueblo's environmental documentation and ensuring its accuracy, scope, and contents. For bosque restoration projects, the Pueblo must coordinate with the Corps of Engineers to avoid interference with existing Federal projects. The execution of the Agreement does not constitute a major Federal action under the National Environmental Policy Act. Costs associated with compliance and coordination activities are generally paid from the Trust Fund, except for costs related to Federal review or inherently Federal functions, which remain the Secretary's responsibility. Costs for Corps of Engineers review of bosque projects are paid from the Trust Fund.

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 specific date are also protected from forfeiture and alienation. Any use of the Pueblo Water Rights is subject to the terms and conditions of an 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 applicable laws and the Long-Term Leasing Act. 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 cannot exceed a term of 99 years. The Pueblo cannot permanently alienate any portion of the Pueblo Water Rights. Authorizations provided by this Act are considered to satisfy any required authorization 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 using authorities from the Act of June 24, 1938, the American Indian Trust Fund Management Reform Act of 1994, and this subsection. Amounts in the Trust Fund will be available to Ohkay Owingeh beginning on the Enforceability Date, subject to requirements 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 may withdraw funds with Secretary approval of a Tribal management plan or an approved expenditure plan. The Trust Fund can be used for water infrastructure, water acquisition, watershed 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, initially allocating $745,000,000 from the Treasury. The appropriated amount is subject to adjustments based on fluctuations in construction costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend. The Secretary has authority to adjust the appropriation to address unforeseen market volatility not captured by standard cost indices. The indexing adjustment process will be repeated for each subsequent appropriation until the adjusted amount is appropriated. The indexing period for any funding increment begins on June 1, 2023, and ends upon deposit into the Trust Fund. 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 Secretary must publish a statement of findings in the Federal Register to trigger the Enforceability Date. The findings require the Agreement to be amended to conform with the Act. All parties to the Agreement, including the United States, must have executed the amended Agreement. Approval of the Agreement by the United States District Court for the District of New Mexico, including a Partial Final Judgment and Decree, is required. All amounts appropriated under section 7(a) must be appropriated and deposited into the Trust Fund. The State must provide funding as outlined in sections 7(c)(1), 7(c)(2), and 7(c)(3), or enter into funding agreements. 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, asserted or potentially asserted before a specific date. The United States, as trustee for Ohkay Owingeh, also waives certain claims against the United States regarding water rights within the Rio Chama Stream System. Specific claims waived include those related to foregone benefits, damages to land and natural resources, failures in water delivery systems, irrigation project management, and issues related to Abiquiu Dam. Certain claims are explicitly reserved, including those related to the enforcement of recognized water rights, water quality issues, and rights acquired after the enactment of this Act. Claims relating to activities affecting water quality, such as those under the Comprehensive Environmental Response, Compensation, and Liability Act, are not waived. The waivers and releases take effect on the Enforceability Date. This Act expires if the Secretary fails to publish a statement of findings by a specified date, leading to the expiration of waivers and releases and other consequences. The waivers and releases do not reduce governmental sovereignty or affect the United States’ ability to act as trustee.

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, 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).

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Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025

Last updated: 3/5/2025 · Introduced: 2/13/2025

Author: Martin Heinrich (D-NM)

TL;DR (AI)

This bill settles water rights claims of the Ohkay Owingeh Pueblo in the Rio Chama Stream System in New Mexico, aiming to restore the Bosque on Pueblo Land.
It ratifies an agreement between Ohkay Owingeh, the State of New Mexico, and other parties, authorizing funds for its implementation and bosque restoration.
The bill establishes and funds a Trust Fund of up to $745 million to support water infrastructure, acquisition, and Pueblo community welfare.
It protects Pueblo Water Rights from loss due to non-use, forfeiture, or abandonment, and allows Ohkay Owingeh to lease these rights for up to 99 years.
The bill includes waivers and releases of claims between Ohkay Owingeh and the United States regarding water rights in the Rio Chama Stream System, contingent on meeting specific conditions and a published statement of findings.

119th Congressin committeeOfficial page

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

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