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Introduced February 13, 2025 by Teresa Leger Fernandez · Last progress February 13, 2025
Creates a federal settlement that recognizes and places Ohkay Owingeh’s Rio Chama water rights in trust, establishes a large federal Trust Fund to implement water projects, and authorizes the Secretary of the Interior to execute and carry out a negotiated agreement among the Pueblo, the State, and other parties. Benefits and fund disbursements are conditioned on mutual waivers of past claims, State cost‑share contributions, environmental compliance, and a formal Enforceability Date declared by the Secretary. The Act protects the Pueblo’s water rights from loss by nonuse, authorizes leasing and uses (including off‑Pueblo leases up to 99 years with approval), creates governance and reporting rules for a Trust Fund funded primarily by a Treasury transfer, requires state contributions for local projects, preserves federal sovereign immunity and environmental authorities, and sets an expiration backstop if required conditions are not met by a deadline.
The bill trades a large, federally funded, legally finalized water‑rights settlement and substantial infrastructure investments for Ohkay Owingeh and the region — bringing clarity and near‑term resources — against significant tribal waivers, upfront federal costs, conditional enforceability that can delay benefits, and new financial/administrative burdens on the Pueblo.
Ohkay Owingeh tribal members receive a final, legally affirmed settlement that clarifies and protects the Pueblo’s Rio Chama water rights and ends long-running litigation uncertainty.
State, local, and tribal communities gain substantial funding and authorized resources to build and restore water infrastructure — including up to $100 million for the Pueblo Trust Fund and $745 million (index‑adjusted) for regional projects (acequias, City of Española, and other water works).
Taxpayers and Congress are protected from automatic liability because Congress retains appropriation control and the Act conditions enforceability on deposited funds (including an expiration/clawback mechanism to protect federal fiscal interests).
Ohkay Owingeh tribal members must waive broad historic and Río Chama–related claims and forfeit many future remedies, limiting their ability to obtain additional compensation or litigate covered harms later.
Federal taxpayers face substantial new outlays (the indexed $745 million regional appropriation plus up to $100 million for the Pueblo Trust Fund) and costs could rise further due to indexing and Secretary repricing discretion.
Beneficiaries (tribal, state, and local) may face long delays or uncertainty because the Agreement does not become enforceable until multiple conditions are met (court approvals, full federal deposits, and state law changes), and funding depends on future appropriations.