Sponsors (3)
The bill exchanges a legally certain, funded settlement and substantial infrastructure support for Ohkay Owingeh and nearby water users in return for the Pueblo's broad waiver of historic federal claims, new federal spending, conditional implementation steps that can delay benefits, and limits on flexibility for some parties.
Ohkay Owingeh receives a final, legally binding resolution of its Rio Chama water rights, giving the Pueblo certainty about its water and land status and reducing future litigation over those claims.
The bill provides substantial dedicated federal funding and a Trust Fund to support bosque restoration, irrigation, water-rights acquisition, and regional water infrastructure (including guaranteed contributions to acequias and Española), enabling construction and long-term projects.
The Act preserves other tribal communities' existing land and water claims and maintains federal environmental and public‑health enforcement authorities, protecting third‑party rights and environmental safeguards.
Ohkay Owingeh gives up the right to pursue many historic claims against the United States (including damages and takings), so the Pueblo cannot seek additional remedies for past harms covered by the waiver.
The bill commits substantial new federal spending (including multi‑hundred‑million dollar appropriations), increasing taxpayer costs and federal budgetary obligations.
Implementation depends on multiple conditions (Congressional appropriations, state legislation, and court actions), creating a material risk that promised benefits will be delayed, reduced, or not delivered.
Based on analysis of 22 sections of legislative text.
Creates and funds a $745M federal trust to settle Ohkay Owingeh’s Rio Chama water‑rights claims, ratifies an Agreement, sets trust and lease rules, and requires mutual waivers of past claims.
Introduced February 13, 2025 by Teresa Leger Fernandez · Last progress February 13, 2025
Provides a final, negotiated settlement of Ohkay Owingeh’s water rights in the Rio Chama Stream System by ratifying and authorizing a specific Agreement, creating a federally managed trust fund with a large cash transfer to implement the Agreement, and requiring mutual waivers of past water‑related claims. The United States will hold the Pueblo’s water rights in trust, protect those rights from loss by non‑use, authorize leasing and water management actions under defined rules, and fund bosque restoration, acequia improvements, municipal system upgrades, and a Pueblo water management program. Funds are deposited into an Ohkay Owingeh Water Rights Settlement Trust Fund (initial federal transfer of $745 million, adjusted for cost changes) that the Secretary of the Interior manages and from which the Pueblo may withdraw under approved tribal management or Secretary‑approved expenditure plans; the Agreement and settlement become enforceable only after several conditions are met and certified by the Secretary in the Federal Register. The Act also requires environmental compliance, limits U.S. liability if Congress does not appropriate funds, and makes the settlement the exclusive remedy for released claims.