This legislation, titled the "Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025," aims to finalize and settle all water rights claims of Ohkay Owingeh and the United States, acting as trustee, within the Rio Chama Stream System in New Mexico. It formally authorizes, ratifies, and confirms a comprehensive agreement between Ohkay Owingeh, the State of New Mexico, and other parties, directing the Secretary of the Interior to execute this agreement and implement its provisions. A central component of the bill is the establishment of the Ohkay Owingeh Water Rights Settlement Trust Fund , which will receive a mandatory federal appropriation of $745,000,000, subject to cost adjustments. This fund is designated for various critical purposes, including the planning, construction, and repair of water production, treatment, and delivery infrastructure for domestic, municipal, and agricultural uses. It also supports watershed and endangered species habitat protection, bosque restoration , land and water rights acquisition, and water-related community welfare and economic development. The bill outlines the nature of the Pueblo Water Rights , affirming they will be held in trust by the United States for Ohkay Owingeh and will not be subject to loss through non-use, forfeiture, or abandonment. Ohkay Owingeh is granted authority to allocate, distribute, and lease these water rights both on and off Pueblo Land, with off-land leases requiring Secretarial approval and having a maximum term of 99 years. However, the Pueblo is prohibited from permanently alienating any portion of these water rights. Implementation of the settlement is contingent upon an " Enforceability Date ," which is triggered when several conditions are met. These conditions include the amendment and execution of the agreement by all parties, judicial approval and entry of a Partial Final Judgment and Decree, and the full appropriation and deposit of federal funds into the Trust Fund. Additionally, the State of New Mexico must provide its agreed-upon financial contributions, totaling over $130 million, for acequia improvements, City of Espanola water projects, and groundwater mitigation, and enact legislation allowing 99-year water rights leases. In consideration for the recognized water rights and other benefits, Ohkay Owingeh and the United States, as trustee, will execute broad waivers and releases of past water rights claims within the Rio Chama Stream System. Ohkay Owingeh also waives specific claims against the United States related to historical water management, infrastructure failures, and damage to the bosque area. However, certain rights and claims are expressly retained, such as those concerning water quality, enforcement of recognized rights, and rights acquired after the Act's enactment. The Act includes an expiration clause, stipulating that if the Enforceability Date is not met by July 1, 2038, the waivers become void, and federal funds must be returned.
Federal-Indian relationsGovernment trust fundsIndian claimsIndian lands and resources rightsLand transfersLand use and conservationNew MexicoState and local financeWater qualityWatershedsWater use and supplyWildlife conservation and habitat protection
Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025
USA119th CongressS-563| Senate
| Updated: 3/5/2025
This legislation, titled the "Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025," aims to finalize and settle all water rights claims of Ohkay Owingeh and the United States, acting as trustee, within the Rio Chama Stream System in New Mexico. It formally authorizes, ratifies, and confirms a comprehensive agreement between Ohkay Owingeh, the State of New Mexico, and other parties, directing the Secretary of the Interior to execute this agreement and implement its provisions. A central component of the bill is the establishment of the Ohkay Owingeh Water Rights Settlement Trust Fund , which will receive a mandatory federal appropriation of $745,000,000, subject to cost adjustments. This fund is designated for various critical purposes, including the planning, construction, and repair of water production, treatment, and delivery infrastructure for domestic, municipal, and agricultural uses. It also supports watershed and endangered species habitat protection, bosque restoration , land and water rights acquisition, and water-related community welfare and economic development. The bill outlines the nature of the Pueblo Water Rights , affirming they will be held in trust by the United States for Ohkay Owingeh and will not be subject to loss through non-use, forfeiture, or abandonment. Ohkay Owingeh is granted authority to allocate, distribute, and lease these water rights both on and off Pueblo Land, with off-land leases requiring Secretarial approval and having a maximum term of 99 years. However, the Pueblo is prohibited from permanently alienating any portion of these water rights. Implementation of the settlement is contingent upon an " Enforceability Date ," which is triggered when several conditions are met. These conditions include the amendment and execution of the agreement by all parties, judicial approval and entry of a Partial Final Judgment and Decree, and the full appropriation and deposit of federal funds into the Trust Fund. Additionally, the State of New Mexico must provide its agreed-upon financial contributions, totaling over $130 million, for acequia improvements, City of Espanola water projects, and groundwater mitigation, and enact legislation allowing 99-year water rights leases. In consideration for the recognized water rights and other benefits, Ohkay Owingeh and the United States, as trustee, will execute broad waivers and releases of past water rights claims within the Rio Chama Stream System. Ohkay Owingeh also waives specific claims against the United States related to historical water management, infrastructure failures, and damage to the bosque area. However, certain rights and claims are expressly retained, such as those concerning water quality, enforcement of recognized rights, and rights acquired after the Act's enactment. The Act includes an expiration clause, stipulating that if the Enforceability Date is not met by July 1, 2038, the waivers become void, and federal funds must be returned.
Federal-Indian relationsGovernment trust fundsIndian claimsIndian lands and resources rightsLand transfersLand use and conservationNew MexicoState and local financeWater qualityWatershedsWater use and supplyWildlife conservation and habitat protection