Sponsors (2)
Introduced February 13, 2025 by Martin Heinrich · Last progress February 13, 2025
The bill trades a final, funded water-rights settlement and substantial investment in Pueblo and local water infrastructure—bringing legal certainty and project funding—for significant federal and state spending, ceded tribal claims, ongoing federal oversight, and potential impacts on non‑Pueblo water users, with actual benefits dependent on future appropriations and procedural conditions.
Ohkay Owingeh tribal members gain a final, legally confirmed water-rights settlement that secures specified Rio Chama water entitlements and reduces future legal uncertainty.
The bill establishes and funds trust accounts (including immediate access to up to $100M and a larger $745M deposit for project implementation), providing financing to implement water projects, restoration, and water-rights acquisitions for the Pueblo and project-area users.
The settlement reduces and resolves long-running litigation and claims between the Pueblo and the United States, lowering legal costs and providing closure for the tribe and federal taxpayers.
Ohkay Owingeh gives up many historical and pre-enforceability claims against the United States in exchange for the settlement, potentially foregoing compensation or remedies for past harms.
Federal taxpayers face substantial new costs (including a $745M deposit, up to $100M immediate access, and further implementation funding), increasing federal outlays and budgetary pressure.
Delivery of promised benefits and projects is contingent on future congressional appropriations and meeting multiple conditions, creating uncertainty and risk that funds or projects may be delayed or never materialize.
Based on analysis of 22 sections of legislative text.
Settles and confirms Ohkay Owingeh’s Rio Chama water rights, creates a $745M trust fund for water and bosque projects, requires waivers of past claims, and authorizes implementation rules and leases.
Confirms and settles Ohkay Owingeh’s water rights in the Rio Chama stream system, creates a federally managed trust fund to pay for water infrastructure and bosque (riparian forest) restoration, and requires the tribe and United States to execute waivers of competing claims in exchange for the benefits. The Secretary of the Interior is directed to ratify and implement a negotiated Agreement, manage a trust fund (initially funded by a $745 million Treasury transfer), oversee environmental compliance, and certify an "Enforceability Date" when statutory conditions (court approval, funding deposit, state contributions, and executed waivers) have been met. The law protects confirmed Pueblo Water Rights from forfeiture, allows limited leasing of those rights (up to 99 years with Secretary approval), allocates specific state cost-share amounts for local projects, preserves federal sovereign immunity, limits U.S. liability if Congress does not appropriate funds, and sets rules for how Trust Fund money can be withdrawn and spent for specified projects and administrative needs.