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Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2025

USA119th CongressHR-1324| House 
| Updated: 2/13/2025
Teresa Leger Fernandez

Teresa Leger Fernandez

Democratic Representative

New Mexico

Cosponsors (2)
Gabe Vasquez (Democratic)Melanie A. Stansbury (Democratic)

Natural Resources Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to achieve a fair, equitable, and final settlement of all water rights claims for the Navajo Nation and the United States, acting as trustee, within the Rio San Jose Stream System in New Mexico. It formally authorizes, ratifies, and confirms a multi-party agreement, directing the Secretary of the Interior to execute it and take necessary actions for its implementation. The bill also provides the necessary funding to carry out the provisions of the agreement and the Act. The Navajo Nation's water rights, as defined in the agreement and the Act, will be held in trust by the United States and are explicitly protected from loss through non-use, forfeiture, or abandonment. The Nation is granted authority to allocate, distribute, and lease these water rights for use on Navajo Lands, and with Secretarial approval, for use off Navajo Lands, with leases not exceeding 99 years. Importantly, the bill specifies that the Navajo Nation cannot permanently alienate any portion of its water rights. A Navajo Nation Rio San Jose Settlement Trust Fund is established, managed by the Secretary, with two accounts: the Navajo Nation Water Rights Settlement Account and the Navajo Nation Operations and Maintenance Account. The bill mandates the appropriation of $200,271,000 for the Settlement Account and $23,000,000 for the Operations and Maintenance Account, subject to cost adjustments. These funds are designated for purposes such as acquiring water rights, developing infrastructure, managing water rights, and covering operation and maintenance costs for water infrastructure. The settlement's effectiveness hinges on an Enforceability Date , which is triggered upon the Secretary's publication of findings that several conditions have been met. These conditions include the full appropriation of federal funds, a $3,000,000 contribution from the State of New Mexico, state legislative changes allowing 99-year water leases, and the Decree Court's approval of the agreement and entry of the Navajo Partial Final Judgment and Decree. This date also requires the execution of waivers and releases of claims by the Navajo Nation and the Secretary. Upon the Enforceability Date, the Navajo Nation and the United States, as trustee, will waive and release all past claims for water rights and damages within the Rio San Jose Stream System, with specific reservations. Claims related to water quality, future water rights, environmental enforcement, and those in other basins (except as specified for the Rio Puerco Basin) are explicitly retained. The bill also clarifies that it does not affect the sovereignty of any government entity, nor does it waive any individual claims of Navajo Nation members not derived from the Nation's rights. The Act provides for the consent of the United States to limited judicial review of Navajo Nation Water Use Permit decisions by New Mexico courts, ensuring consistency with the Agreement and Navajo Nation law. Furthermore, it authorizes the expansion of the Navajo-Gallup Water Supply Project service area to deliver water to Navajo communities within the Rio San Jose Basin, requiring approval for final designs and coordination with the Commissioner of Reclamation. The bill explicitly states that it does not quantify or diminish any water rights or claims of individual Allottees, which are to be adjudicated separately from the Navajo Nation's water rights. Finally, an antideficiency clause is included, stipulating that the United States is not liable for any failure to carry out obligations if adequate appropriations are not expressly provided by Congress for the Act's purposes.
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Timeline

Bill from Previous Congress

HR 118-8945
Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024
Feb 13, 2025
Introduced in House
Feb 13, 2025
Referred to the House Committee on Natural Resources.
Mar 5, 2025

Latest Companion Bill Action

S 119-565
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
  • Bill from Previous Congress

    HR 118-8945
    Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024


  • February 13, 2025
    Introduced in House


  • February 13, 2025
    Referred to the House Committee on Natural Resources.


  • March 5, 2025

    Latest Companion Bill Action

    S 119-565
    Committee on Indian Affairs. Ordered to be reported without amendment favorably.

Native Americans

Related Bills

  • S 119-565: Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2025
Federal district courtsFederal-Indian relationsGovernment information and archivesGovernment trust fundsIndian claimsIndian lands and resources rightsJudicial review and appealsJurisdiction and venueLicensing and registrationsNew MexicoState and local courtsWater resources fundingWater use and supply

Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2025

USA119th CongressHR-1324| House 
| Updated: 2/13/2025
This legislation aims to achieve a fair, equitable, and final settlement of all water rights claims for the Navajo Nation and the United States, acting as trustee, within the Rio San Jose Stream System in New Mexico. It formally authorizes, ratifies, and confirms a multi-party agreement, directing the Secretary of the Interior to execute it and take necessary actions for its implementation. The bill also provides the necessary funding to carry out the provisions of the agreement and the Act. The Navajo Nation's water rights, as defined in the agreement and the Act, will be held in trust by the United States and are explicitly protected from loss through non-use, forfeiture, or abandonment. The Nation is granted authority to allocate, distribute, and lease these water rights for use on Navajo Lands, and with Secretarial approval, for use off Navajo Lands, with leases not exceeding 99 years. Importantly, the bill specifies that the Navajo Nation cannot permanently alienate any portion of its water rights. A Navajo Nation Rio San Jose Settlement Trust Fund is established, managed by the Secretary, with two accounts: the Navajo Nation Water Rights Settlement Account and the Navajo Nation Operations and Maintenance Account. The bill mandates the appropriation of $200,271,000 for the Settlement Account and $23,000,000 for the Operations and Maintenance Account, subject to cost adjustments. These funds are designated for purposes such as acquiring water rights, developing infrastructure, managing water rights, and covering operation and maintenance costs for water infrastructure. The settlement's effectiveness hinges on an Enforceability Date , which is triggered upon the Secretary's publication of findings that several conditions have been met. These conditions include the full appropriation of federal funds, a $3,000,000 contribution from the State of New Mexico, state legislative changes allowing 99-year water leases, and the Decree Court's approval of the agreement and entry of the Navajo Partial Final Judgment and Decree. This date also requires the execution of waivers and releases of claims by the Navajo Nation and the Secretary. Upon the Enforceability Date, the Navajo Nation and the United States, as trustee, will waive and release all past claims for water rights and damages within the Rio San Jose Stream System, with specific reservations. Claims related to water quality, future water rights, environmental enforcement, and those in other basins (except as specified for the Rio Puerco Basin) are explicitly retained. The bill also clarifies that it does not affect the sovereignty of any government entity, nor does it waive any individual claims of Navajo Nation members not derived from the Nation's rights. The Act provides for the consent of the United States to limited judicial review of Navajo Nation Water Use Permit decisions by New Mexico courts, ensuring consistency with the Agreement and Navajo Nation law. Furthermore, it authorizes the expansion of the Navajo-Gallup Water Supply Project service area to deliver water to Navajo communities within the Rio San Jose Basin, requiring approval for final designs and coordination with the Commissioner of Reclamation. The bill explicitly states that it does not quantify or diminish any water rights or claims of individual Allottees, which are to be adjudicated separately from the Navajo Nation's water rights. Finally, an antideficiency clause is included, stipulating that the United States is not liable for any failure to carry out obligations if adequate appropriations are not expressly provided by Congress for the Act's purposes.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 118-8945
Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024
Feb 13, 2025
Introduced in House
Feb 13, 2025
Referred to the House Committee on Natural Resources.
Mar 5, 2025

Latest Companion Bill Action

S 119-565
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
  • Bill from Previous Congress

    HR 118-8945
    Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024


  • February 13, 2025
    Introduced in House


  • February 13, 2025
    Referred to the House Committee on Natural Resources.


  • March 5, 2025

    Latest Companion Bill Action

    S 119-565
    Committee on Indian Affairs. Ordered to be reported without amendment favorably.
Teresa Leger Fernandez

Teresa Leger Fernandez

Democratic Representative

New Mexico

Cosponsors (2)
Gabe Vasquez (Democratic)Melanie A. Stansbury (Democratic)

Natural Resources Committee

Native Americans

Related Bills

  • S 119-565: Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Federal district courtsFederal-Indian relationsGovernment information and archivesGovernment trust fundsIndian claimsIndian lands and resources rightsJudicial review and appealsJurisdiction and venueLicensing and registrationsNew MexicoState and local courtsWater resources fundingWater use and supply