Details on the U.S. House proposals to resolve tribal water rights settlements in NM
The watershed in the Jemez Mountains on June 28, 2024. (Danielle Prokop / Source NM)
Congress held a hearing on six historic water right settlements for tribes and Pueblos on four rivers in New Mexico last week, which would bring $3.7 billion dollars for water projects, restoration and more.
The settlements address the Rio San José, the Rio Jemez, Rio Chama and the Zuni River. There are also bills for technical changes to two existing agreements, and extending funding for the Navajo-Gallup water project.
Zuni River
H.R. 8951 would settle litigation between the federal government, the state of New Mexico and the Pueblo of Zuni regarding the Zuni River stream system in Western New Mexico.
There are still outstanding lawsuits by the Navajo Nation in the Zuni basin.
The settlement would establish $655.5 million in mandatory spending for a Zuni Tribe Water Rights Settlement Trust Account.
– $29.6 million will go towards a trust fund for maintenance, operation and replacement
– $750,000 in state funding from New Mexico for water monitoring and $500,000 to mitigate non-Indian domestic groundwater rights because of tribal usage.
– $50 million in funding for economic water development plans, environmental compliance costs, design costs and establishing a water resource department
Another portion of the settlement will establish a 217,000 acre sanctuary and the withdrawal of 92,364 federal land from entry, appropriation or type of mineral leasing.The land will be managed by Bureau of Land Management and prohibits new water wells, grazing permits, timber sales and fossil collecting.
Another 4,756 acres will be placed into a “Tribal Acquisition Area Trust” which will now be managed by the Bureau of Indian Affairs.
The remaining legislation is sponsored by Rep. Teresa Leger Fernández.
Rio San José and Rio Jemez
H.R. 1304 creates two funds, settling multiple lawsuits.
– The Rio San José Settlement allocates 7,982 acre-feet per year for Acoma Pueblo and 12,263 acre feet per year for the Laguna Pueblo from both groundwater and surface water sources. The settlement establishes a $850 million.
– The state of New Mexico will provide $36 million for non-Indian water users.
– The Rio Jemez Settlement allocates 6,055 acre feet per year to Jemez Pueblo and 3,699 acre feet per year to Zia Pueblo. It would establish a fund for both tribal governments with $490 million. In addition to federal money, the state of New Mexico will provide $20 million for non-Indian water users.
Ohkay Owingeh Rio Chama water rights settlement
H.R.8685 adjudicates the Rio Chama for the Ohkay Owingeh Pueblo.
There are outstanding water rights claims on the Rio Grande that are not settled in the legislation. $745 million goes to the Ohkay Owingeh Water Rights Settlement Trust Fund. The state of New Mexico would contribute $131 million for water development projects.
The settlement agreement codifies Ohkay Owingeh Pueblo’s water rights for additional irrigation, using water for watering livestock and wildlife, use for drinking water and wastewater and groundwater uses.
Rio San José Navajo Nation
The bill H.R.8945 will settle the Navajo Nation water rights in the Rio San José Basin
in New Mexico. It is the counterpart to H.R. 1304. It creates a settlement trust fund of $223 million in mandatory funding. The state of New Mexico would contribute $5 million.
Technical corrections
H.R. 6599 offers technical corrections to the settlements with Taos Pueblo and the Aamodt litigation.
The federal government made a mistake and incorrectly invested funds in settlement accounts. After the mistake was found the federal government was required by law to send any interest on those funds to the Treasury. This bill would return the $18.5 million in interest to the tribes.
– $7.79 million would go to the Taos Pueblo Water Development Fund
– $4.3 million for the Aamodt Settlement Pueblos’ Fund
– $6.35 million to the Navajo Nation Water Resources Development Trust Fund.
Navajo-Gallup Water Supply Project
Finally, H.R. 3977, extends the deadline for the Navajo-Gallup Water Supply Project to 2029. The project consists of two pipelines, two water treatment plants and several pumping stations to bring San Juan River water to Gallup, the Navajo Nation and surrounding communities.
The project is a key provision in a Navajo Nation water rights settlement on the San Juan River Basin in New Mexico, and that settlement will not take effect until construction is completed.
The bill will provide another $725 million to finish the project, putting the total bill to $2.1 billion.
Those new funds include:
– $689.45 million to address a gap in how much the project costs
– $30 million for Navajo Nation connections on the water transmission line
– $6.25 million for renewable energy features
H.R. 3977 also establishes $250 million for operations, management and repairs for the Navajo Nation and $10 million in a similar trust fund for the Jicarilla Apache Nation.
