II
119THCONGRESS
1
STSESSION S. 953
To provide for the settlement of the water rights claims of the Navajo
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH11 (legislative day, MARCH10), 2025
Mr. K
ELLY(for himself and Mr. GALLEGO) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
A BILL
To provide for the settlement of the water rights claims
of the Navajo Nation, the Hopi Tribe, and the San
Juan Southern Paiute Tribe, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Northeastern Arizona Indian Water Rights Settlement 5
Act of 2025’’. 6
(b) T
ABLE OFCONTENTS.—The table of contents for 7
this Act is as follows: 8
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
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Sec. 3. Definitions.
Sec. 4. Ratification and execution of the Northeastern Arizona Indian Water
Rights Settlement Agreement.
Sec. 5. Water Rights.
Sec. 6. Allocation and assignment of Arizona Colorado River Water to the
Tribes; water use; storage; water delivery contracts.
Sec. 7. Colorado River Water leases and exchanges; Uses.
Sec. 8. iina´ba´– paa tuwaqat’si pipeline.
Sec. 9. iina´ba´– paa tuwaqat’si pipeline Implementation Fund Account.
Sec. 10. Navajo Nation Water Settlement Trust Fund.
Sec. 11. Hopi Tribe Water Settlement Trust Fund.
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund.
Sec. 13. Funding.
Sec. 14. Waivers, releases, and retention of claims.
Sec. 15. Satisfaction of Water Rights and other benefits.
Sec. 16. Enforceability Date.
Sec. 17. Colorado River accounting.
Sec. 18. Limited waiver of sovereign immunity.
Sec. 19. Ratification of the Treaty and creation of the San Juan Southern Pai-
ute Reservation.
Sec. 20. Authorization for use of Navajo-Gallup Water Supply Project facilities.
Sec. 21. Antideficiency; savings provisions; effect.
SEC. 2. PURPOSES.
1
The purposes of this Act are— 2
(1) to achieve a fair, equitable, and final settle-3
ment of all claims to rights to water in the State 4
for— 5
(A) the Navajo Nation and Navajo 6
Allottees; 7
(B) the Hopi Tribe and Hopi Allottees; 8
(C) the San Juan Southern Paiute Tribe; 9
and 10
(D) the United States, acting as trustee 11
for the Navajo Nation, the Hopi Tribe, the San 12
Juan Southern Paiute Tribe, Navajo Allottees, 13
and Hopi Allottees; 14
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(2) to authorize, ratify, and confirm the North-1
eastern Arizona Indian Water Rights Settlement 2
Agreement entered into by the Navajo Nation, the 3
Hopi Tribe, the San Juan Southern Paiute Tribe, 4
the State, and other Parties to the extent that the 5
Settlement Agreement is consistent with this Act; 6
(3) to authorize and direct the Secretary to exe-7
cute and perform the duties and obligations of the 8
Secretary under the Settlement Agreement and this 9
Act; and 10
(4) to authorize and appropriate funds nec-11
essary for the implementation of the Settlement 12
Agreement and this Act. 13
SEC. 3. DEFINITIONS. 14
In this Act: 15
(1) 1882
RESERVATION.—The term ‘‘1882 Res-16
ervation’’ means— 17
(A) land within the exterior boundaries of 18
the ‘‘Hopi Indian Reservation’’ defined as Dis-19
trict 6 in Healing v. Jones, 210 F. Supp. 125, 20
173 (D. Ariz. 1962), aff’d, 373 U.S. 758 21
(1963), and Masayesva for and on Behalf of 22
Hopi Indian Tribe v. Hale, 118 F.3d 1371, 23
1375–76 (9th Cir. 1997); and 24
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(B) all land withdrawn by the Executive 1
order of December 16, 1882, and partitioned to 2
the Hopi Tribe in accordance with section 4 of 3
the Act of December 22, 1974 (Public Law 93– 4
531; 88 Stat. 1713), by Judgment of Partition, 5
February 10, 1977, Sekaquaptewa v. Mac-6
Donald, Case No. CIV–579–PCT–JAW (D. 7
Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980). 8
(2) AFY.—The term ‘‘AFY’’ means acre-feet 9
per year. 10
(3) A
RIZONA COLORADO RIVER WATER .— 11
(A) I
N GENERAL.—The term ‘‘Arizona 12
Colorado River Water’’ means the waters of the 13
Colorado River apportioned for Use within the 14
State by— 15
(i) sections 4 and 5 of the Boulder 16
Canyon Project Act (43 U.S.C. 617c, 17
617d); 18
(ii) the Upper Colorado River Basin 19
Compact of 1948; 20
(iii) the contract for delivery of water 21
between the United States and the State, 22
dated February 9, 1944; and 23
(iv) the Decree. 24
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(B) LIMITATIONS.—The term ‘‘Arizona 1
Colorado River Water’’— 2
(i) shall only be used for purposes of 3
interpreting the Settlement Agreement and 4
this Act; and 5
(ii) shall not be used for any interpre-6
tation of existing law or contract, including 7
any law or contract described in clauses (i) 8
through (iv) of subparagraph (A). 9
(4) A
RIZONA DEPARTMENT OF WATER RE -10
SOURCES.—The term ‘‘Arizona Department of 11
Water Resources’’ means the agency of the State es-12
tablished pursuant to section 45–102 of the Arizona 13
Revised Statutes, or a successor agency or entity. 14
(5) A
RIZONA LOWER BASIN COLORADO RIVER 15
WATER.—The term ‘‘Arizona Lower Basin Colorado 16
River Water’’ means the 2,800,000 AFY of con-17
sumptive use of Colorado River Water apportioned 18
to the State in article II(B)(1) of the Decree. 19
(6) A
RIZONA UPPER BASIN COLORADO RIVER 20
WATER.—The term ‘‘Arizona Upper Basin Colorado 21
River Water’’ means the 50,000 AFY of consump-22
tive use of Colorado River Water apportioned to the 23
State in the Upper Colorado River Basin Compact 24
of 1948. 25
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(7) BUREAU.—The term ‘‘Bureau’’ means the 1
Bureau of Reclamation. 2
(8) CAP;
CENTRAL ARIZONA PROJECT .—The 3
terms ‘‘CAP’’ and ‘‘Central Arizona Project’’ mean 4
the Federal reclamation project authorized and con-5
structed by the United States in accordance with 6
title III of the Colorado River Basin Project Act (43 7
U.S.C. 1521 et seq.). 8
(9) CAP
REPAYMENT CONTRACT .—The term 9
‘‘CAP Repayment Contract’’ means— 10
(A) the contract dated December 1, 1988 11
(Contract No. 14–06–W–245, Amendment No. 12
1), between the United States and the Central 13
Arizona Water Conservation District for the de-14
livery of water and the repayment of costs of 15
the Central Arizona Project; and 16
(B) any amendment to, or revision of, that 17
contract. 18
(10) CAWCD;
CENTRAL ARIZONA WATER CON -19
SERVATION DISTRICT.—The terms ‘‘CAWCD’’ and 20
‘‘Central Arizona Water Conservation District’’ 21
mean the political subdivision of the State that is 22
the contractor under the CAP Repayment Contract. 23
(11) C
IBOLA WATER .—The term ‘‘Cibola 24
Water’’ means the entitlement of the Hopi Tribe to 25
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the diversion of up to 4,278 AFY of the Fourth Pri-1
ority Water described in the Hopi Tribe Existing 2
Cibola Contract. 3
(12) C
OLORADO RIVER COMPACT .—The term 4
‘‘Colorado River Compact’’ means the Colorado 5
River Compact of 1922, as ratified and reprinted in 6
article 2 of chapter 7 of title 45, Arizona Revised 7
Statutes. 8
(13) C
OLORADO RIVER SYSTEM .—The term 9
‘‘Colorado River System’’ has the meaning given the 10
term in article II(a) of the Colorado River Compact. 11
(14) D
ECREE.—The term ‘‘Decree’’, when used 12
without a modifier, means— 13
(A) the decree of the Supreme Court of the 14
United States in Arizona v. California, 376 15
U.S. 340 (1964) or the consolidated decree en-16
tered on March 27, 2006, in Arizona v. Cali-17
fornia, 547 U.S. 150 (2006); and 18
(B) any modification to a decree described 19
in subparagraph (A). 20
(15) D
IVERSION.—The term ‘‘diversion’’ means 21
an act to divert. 22
(16) D
IVERT.—The term ‘‘divert’’ means to re-23
ceive, withdraw, develop, produce, or capture water 24
using— 25
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(A) a ditch, canal, flume, bypass, pipeline, 1
pit, collection or infiltration gallery, conduit, 2
well, pump, turnout, dam, or any other mechan-3
ical device; or 4
(B) any other human act to capture water. 5
(17) E
FFECTIVE DATE.—The term ‘‘Effective 6
Date’’ means the date as of which the Settlement 7
Agreement has been executed by not fewer than 30 8
of the Parties, including— 9
(A) the Navajo Nation; 10
(B) the Hopi Tribe; 11
(C) the San Juan Southern Paiute Tribe; 12
(D) the State; 13
(E) the Arizona State Land Department; 14
(F) the Central Arizona Water Conserva-15
tion District; 16
(G) the Salt River Project Agricultural Im-17
provement and Power District; and 18
(H) the Salt River Valley Water Users’ As-19
sociation. 20
(18) E
FFLUENT.—The term ‘‘Effluent’’ means 21
water that— 22
(A) has been used in the State for domes-23
tic, municipal, or industrial purposes, other 24
than solely for hydropower generation; and 25
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(B) is available for reuse for any purpose, 1
regardless of whether the water has been treat-2
ed to improve the quality of the water. 3
(19) E
NFORCEABILITY DATE .—The term ‘‘En-4
forceability Date’’ means the date described in sec-5
tion 16(a). 6
(20) F
IFTH PRIORITY WATER .—The term 7
‘‘Fifth Priority Water’’ has the meaning given the 8
term in the Hopi Tribe Existing Cibola Contract. 9
(21) F
OURTH PRIORITY WATER .—The term 10
‘‘Fourth Priority Water’’ means Colorado River 11
Water available for delivery within the State for sat-12
isfaction of entitlements— 13
(A) in accordance with contracts, Secre-14
tarial reservations, perfected rights, and other 15
arrangements between the United States and 16
water users in the State entered into or estab-17
lished after September 30, 1968, for Use on 18
Federal, State, or privately-owned land in the 19
State, in a total quantity not greater than 20
164,652 AFY of diversions; and 21
(B) after first providing for the delivery of 22
Colorado River Water for the CAP System, in-23
cluding for Use on Indian land, under section 24
304(e) of the Colorado River Basin Project Act 25
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(43 U.S.C. 1524(e)), in accordance with the 1
CAP Repayment Contract. 2
(22) G
ILA RIVER ADJUDICATION .—The term 3
‘‘Gila River Adjudication’’ means the action pending 4
in the Superior Court of the State, in and for the 5
County of Maricopa, In re the General Adjudication 6
of All Rights To Use Water in The Gila River Sys-7
tem and Source, W–1 (Salt), W–2 (Verde), W–3 8
(Upper Gila), W–4 (San Pedro) (Consolidated). 9
(23) G
ILA RIVER ADJUDICATION COURT .—The 10
term ‘‘Gila River Adjudication Court’’ means the 11
Superior Court of the State, in and for the County 12
of Maricopa, exercising jurisdiction over the Gila 13
River Adjudication. 14
(24) G
ILA RIVER ADJUDICATION DECREE .—The 15
term ‘‘Gila River Adjudication Decree’’ means the 16
judgment or decree entered by the Gila River Adju-17
dication Court in substantially the same form as the 18
form of judgment attached as Exhibit 3.1.47 to the 19
Settlement Agreement. 20
(25) G
ROUNDWATER.—The term ‘‘Ground-21
water’’ means all water beneath the surface of the 22
earth within the State that is not— 23
(A) Surface Water; 24
(B) Colorado River Water; or 25
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(C) Effluent. 1
(26) H
OPI ALLOTMENT.—The term ‘‘Hopi Al-2
lotment’’ means any of the 11 parcels allotted pursu-3
ant to section 4 of the Act of February 8, 1887 4
(commonly known as the ‘‘Indian General Allotment 5
Act’’) (24 Stat. 389, chapter 119; 25 U.S.C. 334), 6
that are— 7
(A) located within the exterior boundaries 8
of the Hopi Reservation; and 9
(B) held in trust by the United States for 10
1 or more individual Indians under allotment 11
record numbers AR-39, AR-40, AR-41, AR-42, 12
AR-43, AR-44, AR-45, AR-46, AR-47, AR-48, 13
and AR-49. 14
(27) H
OPI ALLOTTEE.—The term ‘‘Hopi Allot-15
tee’’ means— 16
(A) an individual Indian holding a bene-17
ficial interest in a Hopi Allotment; or 18
(B) an Indian Tribe holding an undivided 19
fractional beneficial interest in a Hopi Allot-20
ment. 21
(28) H
OPI FEE LAND.—The term ‘‘Hopi Fee 22
Land’’ means land, other than Hopi Trust Land, 23
that— 24
(A) is located in the State; 25
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(B) is located outside the exterior bound-1
aries of the Hopi Reservation; and 2
(C) as of the Enforceability Date, is owned 3
by the Hopi Tribe in its own name or through 4
an entity wholly owned or controlled by the 5
Hopi Tribe. 6
(29) H
OPI LAND.—The term ‘‘Hopi Land’’ 7
means— 8
(A) the Hopi Reservation; 9
(B) Hopi Trust Land; and 10
(C) Hopi Fee Land. 11
(30) H
OPI RESERVATION.— 12
(A) I
N GENERAL.—The term ‘‘Hopi Res-13
ervation’’ means— 14
(i) land within the exterior boundaries 15
of the ‘‘Hopi Indian Reservation’’ defined 16
as District 6 in Healing v. Jones, 210 F. 17
Supp. 125, 173 (D. Ariz. 1962), aff’d, 373 18
U.S. 758 (1963), and Masayesva for and 19
on Behalf of Hopi Indian Tribe v. Hale, 20
118 F.3d 1371, 1375–76 (9th Cir. 1997); 21
(ii) land withdrawn by the Executive 22
Order of December 16, 1882, and parti-23
tioned to the Hopi Tribe in accordance 24
with the Act of December 22, 1974 (Public 25
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Law 93–531; 88 Stat. 1713), by Judgment 1
of Partition, February 10, 1977, 2
Sekaquaptewa v. MacDonald, Case No. 3
CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 4
F.2d 113 (9th Cir. 1980); and 5
(iii) land recognized as part of the 6
Hopi Reservation in Honyoama v. Shirley, 7
Jr., Case No. CIV 74–842–PHX–EHC (D. 8
Ariz. 2006). 9
(B) M
AP.—Subject to subparagraph (C), 10
the descriptions of the Hopi Reservation in 11
clauses (i) through (iii) of subparagraph (A) 12
are generally shown on the map attached as 13
Exhibit 3.1.56 to the Settlement Agreement. 14
(C) C
ONFLICT.—In the case of a conflict 15
between the definition in subparagraph (A) and 16
Exhibit 3.1.56 of the Settlement Agreement, 17
the definition in that subparagraph shall con-18
trol. 19
(31) H
OPI TRIBE.—The term ‘‘Hopi Tribe’’ 20
means the Hopi Tribe, a tribe of Hopi Indians— 21
(A) organized under section 16 of the Act 22
of June 18, 1934 (commonly known as the ‘‘In-23
dian Reorganization Act’’) (48 Stat. 987, chap-24
ter 576; 25 U.S.C. 5123); and 25
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(B) recognized by the Secretary in the no-1
tice of the Secretary entitled ‘‘Indian Entities 2
Recognized by and Eligible To Receive Services 3
From the United States Bureau of Indian Af-4
fairs’’ (89 Fed. Reg. 944 (January 8, 2024)). 5
(32) H
OPI TRIBE AGRICULTURAL CONSERVA -6
TION TRUST FUND ACCOUNT .—The term ‘‘Hopi 7
Tribe Agricultural Conservation Trust Fund Ac-8
count’’ means the account— 9
(A) established under to section 11(b)(3); 10
and 11
(B) described in subparagraph 12.3.3 of 12
the Settlement Agreement. 13
(33) H
OPI TRIBE CIBOLA WATER .—The term 14
‘‘Hopi Tribe Cibola Water’’ means the Fourth Pri-15
ority Water, Fifth Priority Water, and Sixth Priority 16
Water to which the Hopi Tribe is entitled pursuant 17
to subparagraphs 5.8.2 and 5.8.3 of the Settlement 18
Agreement. 19
(34) H
OPI TRIBE EXISTING CIBOLA CON -20
TRACT.—The term ‘‘Hopi Tribe Existing Cibola 21
Contract’’ means Contract No. 04–XX–30–W0432 22
between the United States and the Hopi Tribe, as 23
amended and in full force and effect as of the Effec-24
tive Date. 25
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(35) HOPI TRIBE GROUNDWATER PROJECTS .— 1
The term ‘‘Hopi Tribe Groundwater Projects’’ 2
means the projects described in— 3
(A) section 11(f)(1); and 4
(B) subparagraph 12.3.1 of the Settlement 5
Agreement. 6
(36) H
OPI TRIBE GROUNDWATER PROJECTS 7
TRUST FUND ACCOUNT .—The term ‘‘Hopi Tribe 8
Groundwater Projects Trust Fund Account’’ means 9
the account— 10
(A) established under section 11(b)(1); and 11
(B) described in subparagraph 12.3.1 of 12
the Settlement Agreement. 13
(37) H
OPI TRIBE LOWER BASIN COLORADO 14
RIVER WATER ACQUISITION TRUST FUND AC -15
COUNT.—The term ‘‘Hopi Tribe Lower Basin Colo-16
rado River Water Acquisition Trust Fund Account’’ 17
means the account— 18
(A) established under section 11(b)(4); and 19
(B) described in subparagraph 12.3.4 of 20
the Settlement Agreement. 21
(38) H
OPI TRIBE OM&R TRUST FUND AC -22
COUNT.—The term ‘‘Hopi Tribe OM&R Trust Fund 23
Account’’ means the account— 24
(A) established under section 11(b)(2); and 25
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(B) described in subparagraph 12.3.2 of 1
the Settlement Agreement. 2
(39) H
OPI TRIBE UPPER BASIN COLORADO 3
RIVER WATER.—The term ‘‘Hopi Tribe Upper Basin 4
Colorado River Water’’ means the 2,300 AFY of Ar-5
izona Upper Basin Colorado River Water allocated 6
to the Hopi Tribe— 7
(A) pursuant to section 6(a)(2); and 8
(B) as provided in subparagraphs 5.7 and 9
11.1.1 of the Settlement Agreement. 10
(40) H
OPI TRIBE WATER DELIVERY CON -11
TRACT.—The term ‘‘Hopi Tribe Water Delivery 12
Contract’’ means 1 or more contracts entered into 13
by Secretary and the Hopi Tribe in accordance with 14
section 6 and pursuant to paragraph 11 of the Set-15
tlement Agreement for the delivery of Hopi Tribe 16
Upper Basin Colorado River Water or Hopi Tribe 17
Cibola Water. 18
(41) H
OPI TRUST LAND .—The term ‘‘Hopi 19
Trust Land’’ means land that— 20
(A) is located in the State; 21
(B) is located outside the exterior bound-22
aries of the Hopi Reservation; and 23
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(C) as of the Enforceability Date, is held 1
in trust by the United States for the Hopi 2
Tribe. 3
(42) I
INA´BA´– PAA TUWAQAT’SI PIPELINE.— 4
The term ‘‘iina´ba´– paa tuwaqat’si pipeline’’ means 5
the water project described in— 6
(A) section 8; and 7
(B) subparagraph 12.1 of the Settlement 8
Agreement. 9
(43) I
INA´BA´– PAA TUWAQAT’SI PIPELINE IM-10
PLEMENTATION FUND ACCOUNT .—The term ‘‘iina´ 11
ba´– paa tuwaqat’si pipeline Implementation Fund 12
Account’’ means the account— 13
(A) established under section 9(a); and 14
(B) described in subparagraph 12.1.1 of 15
the Settlement Agreement. 16
(44) I
MPOUNDMENT.—The term ‘‘impound-17
ment’’ means a human-made structure used to store 18
water. 19
(45) I
NJURY TO WATER.—The term ‘‘Injury to 20
Water’’ means injury to Water based on changes in 21
or degradation of the salinity or concentration of 22
naturally occurring chemical constituents contained 23
in Water due to a diversion or Use of Water that 24
is not— 25
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(A) inconsistent with the Settlement 1
Agreement as revised pursuant to section 2
16(a)(1); 3
(B) inconsistent with this Act; and 4
(C) in violation of State law. 5
(46) I
NJURY TO WATER RIGHTS .— 6
(A) I
N GENERAL.—The term ‘‘Injury to 7
Water Rights’’ means an interference with, 8
diminution of, or deprivation of Water Rights 9
under Federal, State, or other law. 10
(B) E
XCLUSION.—The term ‘‘Injury to 11
Water Rights’’ does not include any injury to 12
water quality. 13
(47) I
RRIGATION.—The term ‘‘irrigation’’ 14
means the Use of water on 2 or more acres of land 15
to produce plants or parts of plants— 16
(A) for sale or human consumption; or 17
(B) as feed for livestock, range livestock, 18
or poultry. 19
(48) LCR.—The term ‘‘LCR’’ means the Little 20
Colorado River. 21
(49) LCR
ADJUDICATION.—The term ‘‘LCR 22
Adjudication’’ means the action pending in the Su-23
perior Court of the State, in and for the County of 24
Apache, In re: the General Adjudication of All 25
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Rights to Use Water in the Little Colorado River 1
System and Source, CIV No. 6417. 2
(50) LCR
ADJUDICATION COURT .—The term 3
‘‘LCR Adjudication Court’’ means the Superior 4
Court of the State, in and for the County of Apache, 5
exercising jurisdiction over the LCR Adjudication. 6
(51) LCR
DECREE.—The term ‘‘LCR Decree’’ 7
means the judgment or decree entered by the LCR 8
Adjudication Court in substantially the same form 9
as the form of judgment attached as Exhibit 3.1.82 10
to the Settlement Agreement. 11
(52) LCR
WATERSHED.—The term ‘‘LCR Wa-12
tershed’’ means land located within the Surface 13
Water drainage of the LCR and its tributaries in the 14
State, as shown on the map attached as Exhibit 15
3.1.83 to the Settlement Agreement. 16
(53) L
EASE PERIOD.—The term ‘‘Lease Pe-17
riod’’ means the period of time during which the 18
Navajo Nation and the Hopi Tribe are authorized to 19
execute leases of Arizona Colorado River Water allo-20
cated to the Navajo Nation and the Hopi Tribe 21
under this Act, which shall be determined pursuant 22
to subparagraphs (C) and (D) of section 7(b)(2). 23
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(54) LOWER BASIN.—The term ‘‘Lower Basin’’ 1
has the meaning given the term in article II(g) of 2
the Colorado River Compact. 3
(55) M
EMBER.—The term ‘‘Member’’ means 4
any person duly enrolled as a member of the Navajo 5
Nation, the Hopi Tribe, or the San Juan Southern 6
Paiute Tribe. 7
(56) NAIWRSA
SYSTEM CONSERVATION PRO -8
GRAM.—The term ‘‘NAIWRSA System Conservation 9
Program’’ means the 20-year program to store 10
17,050 AFY of System Conservation Eligible Water 11
in Lake Powell by the Navajo Nation and the Hopi 12
Tribe, as described in section 6(c)(4)(C). 13
(57) N
AVAJO ALLOTMENT .—The term ‘‘Navajo 14
Allotment’’ means a parcel of land patented pursu-15
ant to section 1 of the Act of February 8, 1887 16
(commonly known as the ‘‘Indian General Allotment 17
Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331) 18
(as in effect on the day before the date of enactment 19
of the Indian Land Consolidation Act Amendments 20
of 2000 (Public Law 106–462; 114 Stat. 1991))— 21
(A) originally allotted to an individual 22
identified in the allotting document as a Navajo 23
Indian; 24
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•S 953 IS
(B) located within the exterior boundaries 1
of the Navajo Reservation; and 2
(C) held in trust by the United States for 3
the benefit of 1 or more individual Indians. 4
(58) N
AVAJO ALLOTTEE.—The term ‘‘Navajo 5
Allottee’’ means— 6
(A) an individual Indian holding a bene-7
ficial interest in a Navajo Allotment; or 8
(B) an Indian Tribe holding an undivided 9
fractional beneficial interest in a Navajo Allot-10
ment. 11
(59) N
AVAJO FEE LAND .—The term ‘‘Navajo 12
Fee Land’’ means land, other than Navajo Trust 13
Land, that— 14
(A) is located in the State; 15
(B) is located outside the exterior bound-16
aries of the Navajo Reservation; and 17
(C) as of the Enforceability Date, is owned 18
by the Navajo Nation, whether in its own name 19
or through an entity wholly owned or controlled 20
by the Navajo Nation. 21
(60) N
AVAJO-GALLUP WATER SUPPLY PROJECT ; 22
PROJECT.—The terms ‘‘Navajo-Gallup Water Supply 23
Project’’ and ‘‘Project’’ mean the project authorized, 24
constructed, and operated pursuant to part III of 25
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•S 953 IS
the Northwestern New Mexico Rural Water Projects 1
Act (Public Law 111–11; 123 Stat. 1379). 2
(61) N
AVAJO LAND.—The term ‘‘Navajo Land’’ 3
means— 4
(A) the Navajo Reservation; 5
(B) Navajo Trust Land; and 6
(C) Navajo Fee Land. 7
(62) N
AVAJO NATION.— 8
(A) I
N GENERAL.—The term ‘‘Navajo Na-9
tion’’ means the Navajo Nation, a body politic 10
and federally recognized Indian nation recog-11
nized by the Secretary in the notice of the Sec-12
retary entitled ‘‘Indian Entities Recognized by 13
and Eligible To Receive Services From the 14
United States Bureau of Indian Affairs’’ (89 15
Fed. Reg. 944 (January 8, 2024)), and also 16
known variously as the ‘‘Navajo Tribe’’, the 17
‘‘Navajo Tribe of Arizona, New Mexico & 18
Utah’’, the ‘‘Navajo Tribe of Indians’’, and 19
other similar names. 20
(B) I
NCLUSIONS.—The term ‘‘Navajo Na-21
tion’’ includes all bands of Navajo Indians and 22
chapters of the Navajo Nation. 23
(63) N
AVAJO NATION AGRICULTURAL CON -24
SERVATION TRUST FUND ACCOUNT .—The term 25
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•S 953 IS
‘‘Navajo Nation Agricultural Conservation Trust 1
Fund Account’’ means the account— 2
(A) established under section 10(b)(3); and 3
(B) described in subparagraph 12.2.4 of 4
the Settlement Agreement. 5
(64) N
AVAJO NATION CIBOLA WATER .—The 6
term ‘‘Navajo Nation Cibola Water’’ means the enti-7
tlement of the Navajo Nation to the diversion of up 8
to 100 AFY of Fourth Priority Water at the same 9
location and for the same Uses described in the 10
Hopi Tribe Existing Cibola Contract or the delivery 11
and consumptive use of up to 71.5 AFY of Fourth 12
Priority Water at locations and for Uses within the 13
State other than as described in the Hopi Tribe Ex-14
isting Cibola Contract, which shall have been as-15
signed and transferred by the Hopi Tribe from its 16
Cibola Water under the Hopi Tribe Existing Cibola 17
Contract to the Navajo Nation. 18
(65) N
AVAJO NATION FOURTH PRIORITY 19
WATER.—The term ‘‘Navajo Nation Fourth Priority 20
Water’’ means the diversion right to 3,500 AFY of 21
Fourth Priority Water reserved for Use in a Navajo- 22
Hopi Indian water rights settlement under para-23
graph 11.3 of the Arizona Water Settlement Agree-24
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•S 953 IS
ment among the United States, the State, and the 1
Central Arizona Water Conservation District— 2
(A) as authorized by paragraphs (1) and 3
(2) of section 106(a) of the Central Arizona 4
Project Settlement Act of 2004 (Public Law 5
108–451; 118 Stat. 3492); 6
(B) as allocated to the Navajo Nation pur-7
suant to section 6; and 8
(C) as described in subparagraphs 4.9 and 9
10.1 of the Settlement Agreement. 10
(66) N
AVAJO NATION LOWER BASIN COLORADO 11
RIVER WATER ACQUISITION TRUST FUND AC -12
COUNT.—The term ‘‘Navajo Nation Lower Basin 13
Colorado River Water Acquisition Trust Fund Ac-14
count’’ means the account— 15
(A) established under section 10(b)(5); and 16
(B) described in subparagraph 12.2.5 of 17
the Settlement Agreement. 18
(67) N
AVAJO NATION OM&R TRUST FUND AC -19
COUNT.—The term ‘‘Navajo Nation OM&R Trust 20
Fund Account’’ means the account— 21
(A) established under section 10(b)(2); and 22
(B) described in subparagraph 12.2.2 of 23
the Settlement Agreement. 24
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•S 953 IS
(68) NAVAJO NATION RENEWABLE ENERGY 1
TRUST FUND ACCOUNT .—The term ‘‘Navajo Nation 2
Renewable Energy Trust Fund Account’’ means the 3
account— 4
(A) established under section 10(b)(4); and 5
(B) described in subparagraph 12.2.3 of 6
the Settlement Agreement. 7
(69) N
AVAJO NATION UPPER BASIN COLORADO 8
RIVER WATER.—The term ‘‘Navajo Nation Upper 9
Basin Colorado River Water’’ means the 44,700 10
AFY of Arizona Upper Basin Colorado River 11
Water— 12
(A) allocated to the Navajo Nation pursu-13
ant to section 6(a)(1); and 14
(B) described in subparagraphs 4.7 and 15
10.1 of the Settlement Agreement. 16
(70) N
AVAJO NATION WATER DELIVERY CON -17
TRACT.—The term ‘‘Navajo Nation Water Delivery 18
Contract’’ means 1 or more contracts entered into 19
by the Secretary and the Navajo Nation in accord-20
ance with section 6 and pursuant to paragraph 10 21
of the Settlement Agreement for the delivery of Nav-22
ajo Nation Upper Basin Colorado River Water, Nav-23
ajo Nation Cibola Water, or Navajo Nation Fourth 24
Priority Water. 25
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•S 953 IS
(71) NAVAJO NATION WATER PROJECTS .—The 1
term ‘‘Navajo Nation Water Projects’’ means the 2
projects described in— 3
(A) section 10(f)(1); and 4
(B) subparagraph 12.2.1 of the Settlement 5
Agreement. 6
(72) N
AVAJO NATION WATER PROJECTS TRUST 7
FUND ACCOUNT.—The term ‘‘Navajo Nation Water 8
Projects Trust Fund Account’’ means the account— 9
(A) established under section 10(b)(1); and 10
(B) described in subparagraph 12.2.1 of 11
the Settlement Agreement. 12
(73) N
AVAJO RESERVATION.— 13
(A) I
N GENERAL.—The term ‘‘Navajo Res-14
ervation’’ means— 15
(i) land within the exterior boundaries 16
of the ‘‘Navajo Indian Reservation’’ in the 17
State, as defined by the Act of June 14, 18
1934 (48 Stat. 960, chapter 521); 19
(ii) land withdrawn by the Executive 20
Order of December 16, 1882, and parti-21
tioned to the Navajo Nation in accordance 22
with section 8(b) of the Act of December 23
22, 1974 (Public Law 93–531; 88 Stat. 24
1715), by Judgment of Partition, Feb-25
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•S 953 IS
ruary 10, 1977, Sekaquaptewa v. Mac-1
Donald, Case No. CIV–579–PCT–JAW 2
(D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 3
1980); 4
(iii) land taken into trust as a part of 5
the Navajo Reservation before the Effec-6
tive Date pursuant to the Act of December 7
22, 1974 (Public Law 93–531; 88 Stat. 8
1712), a copy of which is attached as Ex-9
hibit 3.1.112B to the Settlement Agree-10
ment; and 11
(iv) any land taken into trust as part 12
of the Navajo Reservation after the Effec-13
tive Date pursuant to the Act of December 14
22, 1974 (Public Law 93–531; 88 Stat. 15
1712), except as provided in subpara-16
graphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 17
4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settle-18
ment Agreement. 19
(B) E
XCLUSIONS.—The term ‘‘Navajo 20
Reservation’’ does not include land within the 21
Hopi Reservation or the San Juan Southern 22
Paiute Reservation. 23
(C) M
AP.—Subject to subparagraph (D), 24
the descriptions of the Navajo Reservation in 25
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•S 953 IS
clauses (i) through (iv) of subparagraph (A) are 1
generally shown on the map attached as Exhibit 2
3.1.112A to the Settlement Agreement. 3
(D) C
ONFLICT.—In the case of a conflict 4
between the definition in subparagraphs (A) 5
and (B) and Exhibit 3.1.112A of the Settle-6
ment Agreement, the definition in those sub-7
paragraphs shall control. 8
(74) N
AVAJO TRIBAL UTILITY AUTHORITY .— 9
The term ‘‘Navajo Tribal Utility Authority’’ means 10
the enterprise established by the Navajo Nation pur-11
suant to chapter 1, section 21 of the Navajo Nation 12
Code, or a successor agency or entity. 13
(75) N
AVAJO TRUST LAND.—The term ‘‘Navajo 14
Trust Land’’ means land that— 15
(A) is located in the State; 16
(B) is located outside the exterior bound-17
aries of the Navajo Reservation; and 18
(C) as of the Enforceability Date, is held 19
in trust by the United States for the Navajo 20
Nation. 21
(76) N
AVAJO-UTAH WATER RIGHTS SETTLE -22
MENT.—The term ‘‘Navajo-Utah Water Rights Set-23
tlement’’ means the Navajo Utah Water Rights Set-24
tlement Agreement approved, ratified, and confirmed 25
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•S 953 IS
pursuant to section 1102 of title XI of division FF 1
of Public Law 116–260 (134 Stat. 3224). 2
(77) O
FF-RESERVATION.—The term ‘‘Off-Res-3
ervation’’ means land located in the State outside 4
the exterior boundaries of— 5
(A) the Navajo Reservation; 6
(B) the Hopi Reservation; and 7
(C) the San Juan Southern Paiute Res-8
ervation. 9
(78) OM&R.—The term ‘‘OM&R’’ means oper-10
ation, maintenance, and replacement. 11
(79) P
ARTY.—The term ‘‘Party’’ mean a Per-12
son that is a signatory to the Settlement Agreement. 13
(80) P
ERSON.— 14
(A) I
N GENERAL.—The term ‘‘Person’’ 15
means— 16
(i) an individual; 17
(ii) a public or private corporation; 18
(iii) a company; 19
(iv) a partnership; 20
(v) a joint venture; 21
(vi) a firm; 22
(vii) an association; 23
(viii) a society; 24
(ix) an estate or trust; 25
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•S 953 IS
(x) any other private organization or 1
enterprise; 2
(xi) the United States; 3
(xii) an Indian Tribe; 4
(xiii) a State, territory, or country; 5
(xiv) a governmental entity; and 6
(xv) any political subdivision or mu-7
nicipal corporation organized under or sub-8
ject to the constitution and laws of the 9
State. 10
(B) I
NCLUSIONS.—The term ‘‘Person’’ in-11
cludes the officers, directors, agents, insurers, 12
representatives, employees, attorneys, assigns, 13
subsidiaries, affiliates, enterprises, legal rep-14
resentatives, predecessors, and successors in in-15
terest and their heirs, of any entity or indi-16
vidual described in subparagraph (A). 17
(81) P
UBLIC DOMAIN ALLOTMENT OUTSIDE 18
THE NAVAJO RESERVATION .—The term ‘‘Public Do-19
main Allotment outside the Navajo Reservation’’ 20
means any of the 51 parcels of land allotted to indi-21
vidual Indians from the public domain pursuant to 22
section 4 of the Act of February 8, 1887 (commonly 23
known as the ‘‘Indian General Allotment Act’’) (24 24
Stat. 389, chapter 119; 25 U.S.C. 334) that is— 25
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•S 953 IS
(A) held in trust by the United States for 1
the benefit of 1 or more individual Indians or 2
Indian Tribes; and 3
(B) located outside the exterior boundaries 4
of the Navajo Reservation and the Hopi Res-5
ervation, as depicted on the map attached as 6
Exhibit 3.1.132A to the Settlement Agreement. 7
(82) P
UBLIC DOMAIN ALLOTMENT WITHIN THE 8
NAVAJO RESERVATION .—The term ‘‘Public Domain 9
Allotment within the Navajo Reservation’’ means 10
any land allotted to individual Indians from the pub-11
lic domain that is— 12
(A) held in trust by the United States for 13
the benefit of 1 or more individual Indians or 14
Indian Tribes; 15
(B) located within the exterior boundaries 16
of the Navajo Reservation; and 17
(C) described in Exhibit 3.1.131 to the 18
Settlement Agreement. 19
(83) P
UBLIC DOMAIN ALLOTTEE .—The term 20
‘‘Public Domain Allottee’’ means an individual In-21
dian or Indian Tribe holding a beneficial interest 22
in— 23
(A) a Public Domain Allotment outside the 24
Navajo Reservation; or 25
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•S 953 IS
(B) a Public Domain Allotment within the 1
Navajo Reservation. 2
(84) S
AN JUAN SOUTHERN PAIUTE FEE 3
LAND.—The term ‘‘San Juan Southern Paiute Fee 4
Land’’ means land, other than San Juan Southern 5
Paiute Trust Land, that— 6
(A) is located in the State; 7
(B) is located outside the exterior bound-8
aries of the San Juan Southern Paiute Reserva-9
tion; and 10
(C) as of the Enforceability Date, is owned 11
by the San Juan Southern Paiute Tribe, wheth-12
er in its own name or through an entity wholly 13
owned or controlled by the San Juan Southern 14
Paiute Tribe. 15
(85) S
AN JUAN SOUTHERN PAIUTE GROUND -16
WATER PROJECTS.—The term ‘‘San Juan Southern 17
Paiute Groundwater Projects’’ means the projects 18
described in— 19
(A) section 12(f)(1); and 20
(B) subparagraph 12.4.1 of the Settlement 21
Agreement. 22
(86) S
AN JUAN SOUTHERN PAIUTE LAND .—The 23
term ‘‘San Juan Southern Paiute Land’’ means— 24
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•S 953 IS
(A) the San Juan Southern Paiute South-1
ern Area; 2
(B) San Juan Southern Paiute Trust 3
Land; and 4
(C) San Juan Southern Paiute Fee Land. 5
(87) S
AN JUAN SOUTHERN PAIUTE NORTHERN 6
AREA.—The term ‘‘San Juan Southern Paiute 7
Northern Area’’ means the land— 8
(A) located in the State of Utah; and 9
(B) depicted on the map attached as Ex-10
hibit 3.1.146 to the Settlement Agreement. 11
(88) S
AN JUAN SOUTHERN PAIUTE RESERVA -12
TION.—The term ‘‘San Juan Southern Paiute Res-13
ervation’’ means the approximately 5,400 acres of 14
land— 15
(A) located in the State and the State of 16
Utah; and 17
(B) consisting of the San Juan Southern 18
Paiute Northern Area and the San Juan South-19
ern Paiute Southern Area, as depicted in the 20
maps attached as Exhibits 3.1.146 and 3.1.147 21
to the Settlement Agreement. 22
(89) S
AN JUAN SOUTHERN PAIUTE TRIBE AGRI -23
CULTURAL CONSERVATION TRUST FUND AC -24
COUNT.—The term ‘‘San Juan Southern Paiute 25
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•S 953 IS
Tribe Agricultural Conservation Trust Fund Ac-1
count’’ means the account— 2
(A) established under section 12(b)(2); and 3
(B) described in subparagraph 12.4.3 of 4
the Settlement Agreement. 5
(90) S
AN JUAN SOUTHERN PAIUTE TRIBE 6
GROUNDWATER PROJECTS TRUST FUND ACCOUNT .— 7
The term ‘‘San Juan Southern Paiute Tribe 8
Groundwater Projects Trust Fund Account’’ means 9
the account— 10
(A) established under section 12(b)(1); and 11
(B) described in subparagraph 12.4.1 of 12
the Settlement Agreement. 13
(91) S
AN JUAN SOUTHERN PAIUTE TRIBE OM&R 14
TRUST FUND ACCOUNT .—The term ‘‘San Juan 15
Southern Paiute Tribe OM&R Trust Fund Account’’ 16
means the account— 17
(A) established under section 12(b)(3); and 18
(B) described in subparagraph 12.4.2 of 19
the Settlement Agreement. 20
(92) S
AN JUAN SOUTHERN PAIUTE SOUTHERN 21
AREA.—The term ‘‘San Juan Southern Paiute 22
Southern Area’’ means the land located in the State 23
and depicted on the map attached as Exhibit 24
3.1.147 to the Settlement Agreement. 25
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•S 953 IS
(93) SAN JUAN SOUTHERN PAIUTE TRIBE .— 1
The term ‘‘San Juan Southern Paiute Tribe’’ means 2
the San Juan Southern Paiute Tribe, a body politic 3
and federally recognized Indian Tribe, as recognized 4
by the Secretary in the notice of the Secretary enti-5
tled ‘‘Indian Entities Recognized by and Eligible To 6
Receive Services From the United States Bureau of 7
Indian Affairs’’ (89 Fed. Reg. 944 (January 8, 8
2024)). 9
(94) S
AN JUAN SOUTHERN PAIUTE TRUST 10
LAND.—The term ‘‘San Juan Southern Paiute Trust 11
Land’’ means land that— 12
(A) is located in the State; 13
(B) is located outside the exterior bound-14
aries of the San Juan Southern Paiute Reserva-15
tion; and 16
(C) as of the Enforceability Date, is held 17
in trust by the United States for the San Juan 18
Southern Paiute Tribe. 19
(95) S
ECRETARY.—The term ‘‘Secretary’’ 20
means the Secretary of the Interior. 21
(96) S
ETTLEMENT AGREEMENT .—The term 22
‘‘Settlement Agreement’’ means— 23
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•S 953 IS
(A) the Northeastern Arizona Indian 1
Water Rights Settlement Agreement dated as of 2
May 9, 2024; and 3
(B) any exhibits attached to that agree-4
ment. 5
(97) S
IXTH PRIORITY WATER .—The term 6
‘‘Sixth Priority Water’’ has the meaning given the 7
term in the Hopi Tribe Existing Cibola Contract. 8
(98) S
TATE.—The term ‘‘State’’ means the 9
State of Arizona. 10
(99) S
URFACE WATER.— 11
(A) I
N GENERAL.—The term ‘‘Surface 12
Water’’ means all water in the State that is ap-13
propriable under State law. 14
(B) E
XCLUSION.—The term ‘‘Surface 15
Water’’ does not include Colorado River Water. 16
(100) S
YSTEM CONSERVATION .—The term 17
‘‘System Conservation’’ means a voluntary reduction 18
of consumptive use of Arizona Colorado River Water 19
that can be estimated or measured, including munic-20
ipal and industrial conservation efforts and the 21
fallowing of agricultural land, to create conserved 22
water to benefit the Colorado River System. 23
(101) S
YSTEM CONSERVATION ELIGIBLE 24
WATER.— 25
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•S 953 IS
(A) IN GENERAL.—The term ‘‘System 1
Conservation Eligible Water’’ means 34,100 2
AFY of Navajo Nation Upper Basin Colorado 3
River Water and Hopi Tribe Upper Basin Colo-4
rado River Water, allocated between the Navajo 5
Nation and the Hopi Tribe consistent with sec-6
tion 6(c)(4)(C) and subclauses (I) and (II) of 7
section 7(b)(2)(D)(ii). 8
(B) P
ERIOD OF TIME.—For purposes of 9
this Act, the System Conservation Eligible 10
Water is— 11
(i) deemed to have been consumptively 12
used for a period of 50 years based on the 13
34,100 AFY of Arizona Upper Basin Colo-14
rado River Water that was previously con-15
tracted for consumptive use by the Navajo 16
Generating Station; and 17
(ii) a portion of the allocations of Ari-18
zona Upper Basin Colorado River Water to 19
the Navajo Nation and the Hopi Tribe de-20
scribed in paragraphs (1)(A)(ii) and 21
(2)(A)(ii) of section 6(a). 22
(C) E
LIGIBILITY.—For purposes of this 23
Act, the System Conservation Eligible Water is 24
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•S 953 IS
eligible for the NAIWRSA System Conservation 1
Program. 2
(102) T
REATY.—The term ‘‘Treaty’’ means the 3
Articles of Treaty and Agreement entered into by 4
the Navajo Nation and the San Juan Southern Pai-5
ute Tribe to settle land claims and other disputes, 6
as executed on March 18, 2000. 7
(103) T
REATY ADDENDUM .—The term ‘‘Treaty 8
Addendum’’ means the Addendum to the Treaty en-9
tered into by the Navajo Nation and the San Juan 10
Southern Paiute Tribe on May 7, 2004. 11
(104) T
RIBE.—The term ‘‘Tribe’’ means, indi-12
vidually, as applicable— 13
(A) the Navajo Nation; 14
(B) the Hopi Tribe; or 15
(C) the San Juan Southern Paiute Tribe. 16
(105) T
RIBES.—The term ‘‘Tribes’’ means, col-17
lectively— 18
(A) the Navajo Nation; 19
(B) the Hopi Tribe; and 20
(C) the San Juan Southern Paiute Tribe. 21
(106) U
NDERGROUND WATER .— 22
(A) I
N GENERAL.—The term ‘‘Under-23
ground Water’’ means all water beneath the 24
surface of the earth within the State, regardless 25
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•S 953 IS
of its legal characterization as appropriable or 1
non-appropriable under Federal, State, or other 2
law. 3
(B) E
XCLUSIONS.—The term ‘‘Under-4
ground Water’’ does not include Colorado River 5
Water or Effluent. 6
(107) U
NITED STATES.— 7
(A) I
N GENERAL.—The term ‘‘United 8
States’’ means the United States, acting as 9
trustee for the Tribes, their Members, the Hopi 10
Allottees, and the Navajo Allottees, except as 11
otherwise expressly provided. 12
(B) C
LARIFICATION.—When used in ref-13
erence to a particular agreement or contract, 14
the term ‘‘United States’’ means the United 15
States acting in the capacity as described in 16
that agreement or contract. 17
(108) U
PPER BASIN.—The term ‘‘Upper 18
Basin’’ has the meaning given the term in article 19
II(f) of the Colorado River Compact. 20
(109) U
PPER BASIN COLORADO RIVER 21
WATER.—The term ‘‘Upper Basin Colorado River 22
Water’’ means the waters of the Upper Basin. 23
(110) U
PPER COLORADO RIVER BASIN COMPACT 24
OF 1948.—The term ‘‘Upper Colorado River Basin 25
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Compact of 1948’’ means the Upper Colorado River 1
Basin Compact of 1948, as ratified and reprinted in 2
article 3 of chapter 7 of title 45, Arizona Revised 3
Statutes. 4
(111) U
PPER DIVISION STATES .—The term 5
‘‘Upper Division States’’ means the States of Wyo-6
ming, Colorado, New Mexico, and Utah, as described 7
in the Colorado River Compact. 8
(112) U
SE.—The term ‘‘Use’’ means any bene-9
ficial use, including instream flow, recharge, storage, 10
recovery, or any other use recognized as beneficial 11
under applicable law. 12
(113) W
ATER.—The term ‘‘water’’, when used 13
without a modifying adjective, means Groundwater, 14
Surface Water, Colorado River Water, or Effluent. 15
(114) W
ATER RIGHT.—The term ‘‘Water 16
Right’’ means any right in or to Groundwater, Sur-17
face Water, Colorado River Water, or Effluent under 18
Federal, State, or other law. 19
(115) W
ELL.—The term ‘‘Well’’ means a 20
human-made opening in the earth through which 21
Underground Water may be withdrawn or obtained. 22
(116) Z
UNI TRIBE.—The term ‘‘Zuni Tribe’’ 23
means the body politic and federally recognized In-24
dian Tribe, as recognized by the Secretary in the no-25
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tice of the Secretary entitled ‘‘Indian Entities Rec-1
ognized by and Eligible To Receive Services From 2
the United States Bureau of Indian Affairs’’ (89 3
Fed. Reg. 944 (January 8, 2024)). 4
SEC. 4. RATIFICATION AND EXECUTION OF THE NORTH-5
EASTERN ARIZONA INDIAN WATER RIGHTS 6
SETTLEMENT AGREEMENT. 7
(a) R
ATIFICATION.— 8
(1) I
N GENERAL.—Except as modified by this 9
Act and to the extent the Settlement Agreement 10
does not conflict with this Act, the Settlement 11
Agreement is authorized, ratified, and confirmed. 12
(2) A
MENDMENTS.—If an amendment to the 13
Settlement Agreement, or to any exhibit attached to 14
the Settlement Agreement requiring the signature of 15
the Secretary, is executed in accordance with this 16
Act to make the Settlement Agreement consistent 17
with this Act, the amendment is authorized, ratified, 18
and confirmed, to the extent the amendment is con-19
sistent with this Act. 20
(b) E
XECUTION OFSETTLEMENTAGREEMENT.— 21
(1) I
N GENERAL.—To the extent the Settlement 22
Agreement does not conflict with this Act, the Sec-23
retary shall execute the Settlement Agreement, in-24
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cluding all exhibits to the Settlement Agreement re-1
quiring the signature of the Secretary. 2
(2) M
ODIFICATIONS.— 3
(A) I
N GENERAL.—Nothing in this Act 4
prohibits the Secretary from approving any 5
modification to the Settlement Agreement, in-6
cluding any exhibit to the Settlement Agree-7
ment, that is consistent with this Act, to the ex-8
tent the modification does not otherwise require 9
congressional approval under section 2116 of 10
the Revised Statutes (25 U.S.C. 177) or any 11
other applicable Federal law. 12
(B) A
BSTRACTS.—Prior to the execution of 13
the Settlement Agreement by the Secretary, the 14
abstracts attached as Exhibits to the Settle-15
ment Agreement shall be modified, as nec-16
essary— 17
(i) to correct errors or omissions to 18
the satisfaction of the Parties; and 19
(ii) to conform with applicable Federal 20
and State law. 21
(c) E
NVIRONMENTAL COMPLIANCE.— 22
(1) I
N GENERAL.—In implementing the Settle-23
ment Agreement (including all exhibits to the Settle-24
ment Agreement requiring the signature of the Sec-25
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retary) and this Act, the Secretary shall comply with 1
all applicable provisions of— 2
(A) the Endangered Species Act of 1973 3
(16 U.S.C. 1531 et seq.); 4
(B) the National Environmental Policy Act 5
of 1969 (42 U.S.C. 4321 et seq.), including the 6
implementing regulations of that Act; and 7
(C) all other Federal environmental laws 8
and regulations. 9
(2) C
OMPLIANCE.—In implementing the Settle-10
ment Agreement and this Act, but excluding envi-11
ronmental compliance related to the iina´ba´– paa 12
tuwaqat’si pipeline, the applicable Tribe shall pre-13
pare any necessary environmental documents con-14
sistent with all applicable provisions of— 15
(A) the Endangered Species Act of 1973 16
(16 U.S.C. 1531 et seq.); 17
(B) the National Environmental Policy Act 18
of 1969 (42 U.S.C. 4321 et seq.), including the 19
implementing regulations of that Act; and 20
(C) all other Federal environmental laws 21
and regulations. 22
(d) A
UTHORIZATIONS.—The Secretary shall— 23
(1) independently evaluate the documentation 24
submitted under subsection (c)(2); and 25
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(2) be responsible for the accuracy, scope, and 1
contents of that documentation. 2
(e) E
FFECT OFEXECUTION.—The execution of the 3
Settlement Agreement by the Secretary under this section 4
shall not constitute a major Federal action for purposes 5
of the National Environmental Policy Act of 1969 (42 6
U.S.C. 4321 et seq.). 7
(f) C
OSTS.— 8
(1) I
N GENERAL.—Except as provided in para-9
graph (2), any costs associated with the performance 10
of the compliance activities under subsection (c) 11
shall be paid from funds deposited in the Navajo 12
Nation Water Projects Trust Fund Account, the 13
Hopi Tribe Groundwater Projects Trust Fund Ac-14
count, or the San Juan Southern Paiute Tribe 15
Groundwater Projects Trust Fund Account, as ap-16
plicable, subject to the condition that any costs asso-17
ciated with the performance of Federal approval or 18
other review of that compliance work or costs associ-19
ated with inherently Federal functions shall remain 20
the responsibility of the Secretary. 21
(2) I
INA´BA´– PAA TUWAQAT’SI PIPELINE.—Any 22
costs associated with the performance of the compli-23
ance activities under subsection (c) relating to the 24
iina´ba´– paa tuwaqat’si pipeline shall be paid from 25
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funds deposited in the iina´ba´– paa tuwaqat’si pipe-1
line Implementation Fund Account. 2
SEC. 5. WATER RIGHTS. 3
(a) C
ONFIRMATION OFWATERRIGHTS.— 4
(1) I
N GENERAL.—The Water Rights of the 5
Navajo Nation, the Hopi Tribe, the San Juan 6
Southern Paiute Tribe, the Navajo Allottees, and the 7
Hopi Allottees as described in the Settlement Agree-8
ment are ratified, confirmed, and declared to be 9
valid. 10
(2) U
SE.—Any use of water pursuant to the 11
Water Rights described in paragraph (1) by the 12
Navajo Nation, the Hopi Tribe, the San Juan 13
Southern Paiute Tribe, the Navajo Allottees, or the 14
Hopi Allottees shall be subject to the terms and con-15
ditions of the Settlement Agreement and this Act. 16
(3) C
ONFLICT.—In the event of a conflict be-17
tween the Settlement Agreement and this Act, this 18
Act shall control. 19
(b) I
NTENT OFCONGRESS.—It is the intent of Con-20
gress to provide to the Navajo Allottees benefits that are 21
equivalent to, or exceed, the benefits the Navajo Allottees 22
possess on the day before the date of enactment of this 23
Act, taking into consideration— 24
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(1) the potential risks, cost, and time delay as-1
sociated with litigation that would be resolved by the 2
Settlement Agreement and this Act; 3
(2) the availability of funding under this Act 4
and from other sources; 5
(3) the availability of water from the Water 6
Rights of the Navajo Nation, as described in the 7
Settlement Agreement; and 8
(4) the applicability of section 7 of the Act of 9
February 8, 1887 (24 Stat. 390, chapter 119; 25 10
U.S.C. 381), and this Act to protect the interests of 11
the Navajo Allottees. 12
(c) W
ATERRIGHTSTOBEHELD INTRUST FOR THE 13
T
RIBES, THENAVAJOALLOTTEES, AND THE HOPI 14
A
LLOTTEES.—The United States shall hold the following 15
Water Rights in trust for the Navajo Nation, the Hopi 16
Tribe, the San Juan Southern Paiute Tribe, the Navajo 17
Allottees, and the Hopi Allottees: 18
(1) N
AVAJO NATION AND THE NAVAJO 19
ALLOTTEES.—The United States shall hold the fol-20
lowing Water Rights in trust for the Navajo Nation 21
and Navajo Allottees: 22
(A) Underground Water described in sub-23
paragraph 4.2 of the Settlement Agreement. 24
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(B) Springs described in subparagraph 4.4 1
of the Settlement Agreement. 2
(C) Little Colorado River tributary water 3
described in subparagraph 4.5 of the Settlement 4
Agreement. 5
(D) Little Colorado River Mainstem water 6
described in subparagraph 4.6 of the Settlement 7
Agreement. 8
(E) Navajo Nation Upper Basin Colorado 9
River Water described in subparagraph 4.7 of 10
the Settlement Agreement. 11
(F) Navajo Nation Fourth Priority Water 12
described in subparagraph 4.9 of the Settlement 13
Agreement. 14
(G) Water Rights appurtenant to or asso-15
ciated with land held in trust by the United 16
States for the Navajo Nation, as described in 17
subparagraphs 4.12, 4.13, 4.15, and 4.16 of the 18
Settlement Agreement. 19
(2) H
OPI TRIBE.—The United States shall hold 20
the following Water Rights in trust for the Hopi 21
Tribe: 22
(A) Underground Water described in sub-23
paragraph 5.2 of the Settlement Agreement. 24
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(B) Surface Water described in subpara-1
graph 5.4 of the Settlement Agreement. 2
(C) Springs described in subparagraph 5.5 3
of the Settlement Agreement. 4
(D) Hopi Tribe Upper Basin Colorado 5
River Water described in subparagraph 5.7 of 6
the Settlement Agreement. 7
(E) Water Rights appurtenant to or asso-8
ciated with land held in trust by the United 9
States for the Hopi Tribe, as described in sub-10
paragraphs 5.10, 5.11, 5.12, and 5.13 of the 11
Settlement Agreement. 12
(3) S
AN JUAN SOUTHERN PAIUTE TRIBE .—The 13
United States shall hold the following Water Rights 14
in trust for the San Juan Southern Paiute Tribe: 15
(A) Underground Water described in sub-16
paragraph 6.2.3 of the Settlement Agreement. 17
(B) Surface Water described in subpara-18
graph 6.2.4 of the Settlement Agreement. 19
(C) Springs described in subparagraph 20
6.2.6 of the Settlement Agreement. 21
(D) Water Rights appurtenant to or asso-22
ciated with land held in trust by the United 23
States for the San Juan Southern Paiute Tribe, 24
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as described in subparagraphs 6.5 and 6.6 of 1
the Settlement Agreement. 2
(4) H
OPI ALLOTTEES.—The United States shall 3
hold the Water Rights described in subparagraph 4
5.9 of the Settlement Agreement in trust for the 5
Hopi Allottees. 6
(d) P
LACES OFUSE.— 7
(1) N
AVAJO NATION AND NAVAJO 8
ALLOTTEES.— 9
(A) I
N GENERAL.—The rights of the Nav-10
ajo Nation, and the United States acting as 11
trustee for the Navajo Nation, to the water de-12
scribed in subparagraphs 4.2, 4.4, 4.5, and 4.6 13
of the Settlement Agreement may be used any-14
where on the Navajo Reservation or on Off-Res-15
ervation land held in trust by the United States 16
for the Navajo Nation, but, except as provided 17
in subparagraph (F), may not be sold, leased, 18
transferred, or in any way used off of the Nav-19
ajo Reservation or off of Off-Reservation land 20
held in trust by the United States for the Nav-21
ajo Nation. 22
(B) O
THER PLACES OF USE.—The place of 23
Use of Navajo Nation Upper Basin Colorado 24
River Water, Navajo Nation Cibola Water, and 25
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Navajo Nation Fourth Priority Water are as 1
described in section 6(b)(1). 2
(C) W
ATER USE ON OFF -RESERVATION 3
TRUST LAND.— 4
(i) I
N GENERAL.—Water Use on Off- 5
Reservation land held in trust by the 6
United States for the Navajo Nation shall 7
be governed by subparagraphs 4.12, 4.13, 8
4.15, 4.16, and 4.18.1 of the Settlement 9
Agreement. 10
(ii) U
SE.—Except as provided in sub-11
paragraph (F), the water referred to in 12
clause (i) may be used only on the Navajo 13
Reservation and on Off-Reservation land 14
held in trust by the United States for the 15
Navajo Nation. 16
(D) W
ATER USE ON FEE LAND .—Water 17
Use on land owned in fee by the Navajo Nation 18
shall be governed by subparagraphs 4.11, 4.12, 19
4.13, 4.14, 4.15, and 4.16 of the Settlement 20
Agreement. 21
(E) R
ESTRICTIONS.—The rights of a Nav-22
ajo Allottee, or the United States acting as 23
trustee for a Navajo Allottee, to use water de-24
scribed in subparagraph 4.10.1 of the Settle-25
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ment Agreement on a Navajo Allotment may 1
not be sold, leased, transferred, or in any way 2
used off of the Navajo Allotment, except for 3
Use on the Navajo Reservation pursuant to the 4
Navajo Nation Water Code. 5
(F) W
ATER FOR MUNICIPAL USE .—Not-6
withstanding subparagraphs (A) and (C)(ii) and 7
subparagraph 7.2.3.1 of the Settlement Agree-8
ment, the Navajo Nation or the United States 9
acting as trustee for the Navajo Nation may 10
provide water for municipal Use off of the Nav-11
ajo Reservation from facilities that are phys-12
ically connected to facilities on the Navajo Res-13
ervation. 14
(2) H
OPI TRIBE AND HOPI ALLOTTEES .— 15
(A) I
N GENERAL.—The rights of the Hopi 16
Tribe, and the United States acting as trustee 17
for the Hopi Tribe, to the water described in 18
subparagraphs 5.2, 5.4, and 5.5 of the Settle-19
ment Agreement may be used anywhere on the 20
Hopi Reservation or on Off-Reservation land 21
held in trust by the United States for the Hopi 22
Tribe, but, except as provided in subparagraph 23
(F), may not be sold, leased, transferred, or in 24
any way used off of the Hopi Reservation or off 25
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of Off-Reservation land held in trust by the 1
United States for the Hopi Tribe. 2
(B) O
THER PLACES OF USE.—The place of 3
Use of Hopi Tribe Upper Basin Colorado River 4
Water and Hopi Tribe Cibola Water are as de-5
scribed in section 6(b)(2). 6
(C) W
ATER USE ON OFF -RESERVATION 7
TRUST LAND.— 8
(i) I
N GENERAL.—Water Use on Off- 9
Reservation land held in trust by the 10
United States for the Hopi Tribe shall be 11
governed by subparagraphs 5.10, 5.11, 12
5.12, 5.13, and 5.15.1 of the Settlement 13
Agreement. 14
(ii) U
SE.—Except as provided in sub-15
paragraph (F), the water referred to in 16
clause (i) may be used only on the Hopi 17
Reservation and on Off-Reservation land 18
held in trust by the United States for the 19
Hopi Tribe. 20
(D) W
ATER USE ON FEE LAND .—Water 21
Use on land owned in fee by the Hopi Tribe 22
shall be governed by subparagraphs 5.10, 5.11, 23
and 5.12 of the Settlement Agreement. 24
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(E) RESTRICTIONS.—The rights of a Hopi 1
Allottee, or the United States acting as trustee 2
for a Hopi Allottee, to use water described in 3
subparagraph 5.9 of the Settlement Agreement 4
on a Hopi Allotment may not be sold, leased, 5
transferred, or in any way used off of the Hopi 6
Allotment. 7
(F) W
ATER FOR MUNICIPAL USE .—Not-8
withstanding subparagraphs (A) and (C)(ii) and 9
subparagraph 7.2.3.1 of the Settlement Agree-10
ment, the Hopi Tribe or the United States act-11
ing as trustee for the Hopi Tribe may provide 12
water for municipal Use off of the Hopi Res-13
ervation from facilities that are physically con-14
nected to facilities on the Hopi Reservation. 15
(3) S
AN JUAN SOUTHERN PAIUTE TRIBE .— 16
(A) I
N GENERAL.—The rights of the San 17
Juan Southern Paiute Tribe, and the United 18
States acting as trustee for the San Juan 19
Southern Paiute Tribe, to the water described 20
in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the 21
Settlement Agreement may be used on the San 22
Juan Southern Paiute Southern Area or on 23
Off-Reservation land held in trust by the 24
United States for the San Juan Southern Pai-25
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ute Tribe, but may not be sold, leased, trans-1
ferred, or in any way used off of the San Juan 2
Southern Paiute Southern Area or off of Off- 3
Reservation land held in trust by the United 4
States for the San Juan Southern Paiute Tribe. 5
(B) W
ATER USE ON OFF -RESERVATION 6
TRUST LAND.— 7
(i) I
N GENERAL.—Water Use on Off- 8
Reservation land held in trust by the 9
United States for the San Juan Southern 10
Paiute Tribe shall be governed by subpara-11
graphs 6.5, 6.6, and 6.7.1 of the Settle-12
ment Agreement. 13
(ii) U
SE.—Except as provided in sub-14
paragraph (D), the water referred to in 15
clause (i) may be used only on the San 16
Juan Southern Paiute Southern Area and 17
on Off-Reservation land held in trust by 18
the United States for the San Juan South-19
ern Paiute Tribe. 20
(C) W
ATER USE ON FEE LAND .—Water 21
Use on land owned in fee by the San Juan 22
Southern Paiute Tribe shall be governed by 23
subparagraphs 6.4, 6.5, and 6.6 of the Settle-24
ment Agreement. 25
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(D) WATER FOR MUNICIPAL USE .—Not-1
withstanding subparagraphs (A) and (B)(ii) 2
and subparagraph 7.2.3.1 of the Settlement 3
Agreement, and subject to subparagraph 4
12.5.1.3 of the Settlement Agreement, the San 5
Juan Southern Paiute Tribe or the United 6
States acting as trustee for the San Juan 7
Southern Paiute Tribe may provide water for 8
municipal Use off of the San Juan Southern 9
Paiute Southern Area from facilities that are 10
physically connected to facilities on the San 11
Juan Southern Paiute Southern Area. 12
(e) N
ONUSE, FORFEITURE, ANDABANDONMENT.— 13
(1) N
AVAJO NATION AND NAVAJO 14
ALLOTTEES.—Water Rights of the Navajo Nation 15
and the Navajo Allottees described in subparagraphs 16
4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the Settlement 17
Agreement and Water Rights relating to land held 18
in trust by the United States for the Navajo Nation, 19
as described in subparagraphs 4.12, 4.13, 4.15, and 20
4.16 of the Settlement Agreement, shall not be sub-21
ject to loss by non-use, forfeiture, or abandonment. 22
(2) H
OPI TRIBE.—Water Rights of the Hopi 23
Tribe described in subparagraphs 5.2, 5.4, 5.5, and 24
5.7 of the Settlement Agreement and Water Rights 25
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relating to land held in trust by the United States 1
for the Hopi Tribe, as described in subparagraphs 2
5.10, 5.11, 5.12, and 5.13 of the Settlement Agree-3
ment, shall not be subject to loss by non-use, for-4
feiture, or abandonment. 5
(3) S
AN JUAN SOUTHERN PAIUTE TRIBE .— 6
Water Rights of the San Juan Southern Paiute 7
Tribe described in subparagraphs 6.2.3, 6.2.4, and 8
6.2.6 of the Settlement Agreement shall not be sub-9
ject to loss by non-use, forfeiture, or abandonment. 10
(4) H
OPI ALLOTTEES.—Water Rights of the 11
Hopi Allottees described in subparagraph 5.9 of the 12
Settlement Agreement shall not be subject to loss by 13
non-use, forfeiture, or abandonment. 14
(f) N
AVAJOALLOTTEES.— 15
(1) A
PPLICABILITY OF THE ACT OF FEBRUARY 16
8, 1887.—Section 7 of the Act of February 8, 1887 17
(24 Stat. 390, chapter 119; 25 U.S.C. 381), shall 18
apply to the Water Rights described in subsection 19
(c)(1). 20
(2) E
NTITLEMENT TO WATER .—The rights of 21
Navajo Allottees, and the United States acting as 22
trustee for Navajo Allottees, to use water on Navajo 23
Allotments located on the Navajo Reservation shall 24
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be satisfied solely from the Water Rights described 1
in subsection (c)(1). 2
(3) A
LLOCATIONS.—A Navajo Allottee shall be 3
entitled to a just and equitable distribution of water 4
for irrigation purposes. 5
(4) C
LAIMS.— 6
(A) E
XHAUSTION OF REMEDIES .—Before 7
asserting any claim against the United States 8
under section 7 of the Act of February 8, 1887 9
(24 Stat. 390, chapter 119; 25 U.S.C. 381), or 10
any other applicable law, a Navajo Allottee shall 11
exhaust remedies available under the Navajo 12
Nation Water Code or other applicable Navajo 13
law. 14
(B) A
CTION FOR RELIEF.—After the ex-15
haustion of all remedies available under the 16
Navajo Nation Water Code or other applicable 17
Navajo law pursuant to subparagraph (A), a 18
Navajo Allottee may seek relief under section 7 19
of the Act of February 8, 1887 (24 Stat. 390, 20
chapter 119; 25 U.S.C. 381), or other applica-21
ble law. 22
(5) A
UTHORITY OF THE SECRETARY .—The Sec-23
retary may protect the rights of Navajo Allottees in 24
accordance with this subsection. 25
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(g) NAVAJONATIONWATERCODE.— 1
(1) I
N GENERAL.—The Navajo Nation Water 2
Code shall provide— 3
(A) that Use of water by Navajo Allottees 4
shall be satisfied with water from the Water 5
Rights described in subsection (c)(1); 6
(B) a process by which a Navajo Allottee 7
may request that the Navajo Nation allocate 8
water in accordance with the Settlement Agree-9
ment, including the provision of water under 10
any Navajo Allottee lease under section 4 of the 11
Act of June 25, 1910 (36 Stat. 856, chapter 12
431; 25 U.S.C. 403); 13
(C) a due process system for the consider-14
ation and determination by the Navajo Nation 15
of any request of a Navajo Allottee (or a suc-16
cessor in interest to a Navajo Allottee) for an 17
allocation of water on a Navajo Allotment, in-18
cluding a process for— 19
(i) appeal and adjudication of any de-20
nied or disputed distribution of water; and 21
(ii) resolution of any contested admin-22
istrative decision; and 23
(D) a requirement that any Navajo Allot-24
tee asserting a claim relating to the enforce-25
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ment of rights of the Navajo Allottee under the 1
Navajo Nation Water Code, including to the 2
quantity of water allocated to land of the Nav-3
ajo Allottee, shall exhaust all remedies available 4
to the Navajo Allottee under Navajo law before 5
initiating an action against the United States 6
or petitioning the Secretary pursuant to sub-7
section (f)(4)(B). 8
(2) T
RIBAL CONSULTATION.— 9
(A) I
N GENERAL.—After consultation with 10
the Navajo Nation, the Secretary shall deter-11
mine whether the Navajo Nation Water Code in 12
effect on the date of enactment of this Act sat-13
isfies the requirements of paragraph (1). 14
(B) S
ATISFIES REQUIREMENTS .—If the 15
Secretary determines that the Navajo Nation 16
Water Code in effect on the date of enactment 17
of this Act satisfies the requirements of para-18
graph (1), the Secretary shall notify the Navajo 19
Nation of that determination in writing. 20
(C) D
OES NOT SATISFY REQUIREMENT .— 21
If the Secretary determines that the Navajo 22
Nation Water Code in effect on the date of en-23
actment of this Act does not satisfy the require-24
ments of paragraph (1), the Secretary shall no-25
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tify the Navajo Nation in writing that amend-1
ments are necessary to satisfy the requirements 2
of subsection (g)(1). 3
(3) N
AVAJO NATION ACTION.—Not later than 3 4
years after the date on which the Secretary notifies 5
the Navajo Nation pursuant to paragraph (2)(C), 6
the Navajo Nation shall amend the Navajo Nation 7
Water Code and submit to the Secretary the amend-8
ments to the Navajo Nation Water Code for review 9
and approval pursuant to subsection (h). 10
(h) A
CTION BY THESECRETARY.— 11
(1) I
N GENERAL.—The Secretary shall admin-12
ister, with respect to the rights of the Navajo 13
Allottees, the Water Rights identified under sub-14
section (c)(1) during the period beginning on the 15
date of enactment of this Act and ending on the ear-16
lier of— 17
(A) the date on which the Secretary pro-18
vides notice to the Navajo Nation pursuant to 19
paragraph (2)(B) of subsection (g) that the 20
Navajo Nation Water Code satisfies the re-21
quirements of paragraph (1) of that subsection; 22
and 23
(B) the date on which the Secretary has 24
approved amendments to the Navajo Nation 25
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Water Code submitted pursuant to subsection 1
(g)(3). 2
(2) A
PPROVAL.—The Navajo Nation Water 3
Code amendments described in subsection (g)(3) 4
shall not be valid unless— 5
(A) the amendments described in that sub-6
section have been approved by the Secretary; 7
and 8
(B) each subsequent amendment to the 9
Navajo Nation Water Code that affects the 10
rights of a Navajo Allottee is approved by the 11
Secretary. 12
(3) A
PPROVAL PERIOD.— 13
(A) A
PPROVAL PERIOD.—If the Secretary 14
requires amendments to the Navajo Nation 15
Water Code pursuant to paragraph (2)(C) of 16
subsection (g), the Secretary shall approve or 17
disapprove the amendments to the Navajo Na-18
tion Water Code described in paragraph (3) of 19
that subsection not later than 180 days after 20
the date on which the amendments are sub-21
mitted to the Secretary. 22
(B) E
XTENSION.—The deadline described 23
in subparagraph (A) may be extended by the 24
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Secretary after consultation with the Navajo 1
Nation. 2
(i) E
FFECT.—Except as otherwise expressly provided 3
in this section, nothing in this Act— 4
(1) authorizes any action by a Navajo Allottee 5
against any individual or entity, or against the Nav-6
ajo Nation, under Federal, State, Tribal, or local 7
law; or 8
(2) alters or affects the status of any action 9
brought pursuant to section 1491(a) of title 28, 10
United States Code. 11
SEC. 6. ALLOCATION AND ASSIGNMENT OF ARIZONA COLO-12
RADO RIVER WATER TO THE TRIBES; WATER 13
USE; STORAGE; WATER DELIVERY CON-14
TRACTS. 15
(a) A
LLOCATION ANDASSIGNMENT TO THE NAVAJO 16
N
ATION AND THEHOPITRIBE.— 17
(1) A
LLOCATION AND ASSIGNMENT TO THE 18
NAVAJO NATION.— 19
(A) N
AVAJO NATION UPPER BASIN COLO -20
RADO RIVER WATER.— 21
(i) S
TATE AGREEMENT .—Pursuant to 22
subparagraph 4.7.1 of the Settlement 23
Agreement, the State has expressly agreed 24
to the allocation described in clause (ii). 25
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(ii) ALLOCATION.—44,700 AFY of 1
Arizona Upper Basin Colorado River 2
Water is allocated to the Navajo Nation on 3
the Enforceability Date. 4
(B) N
AVAJO NATION CIBOLA WATER .— 5
Pursuant to subparagraph 4.8.2 of the Settle-6
ment Agreement, the State has recommended 7
the assignment of Navajo Nation Cibola Water 8
by the Hopi Tribe to the Navajo Nation effec-9
tive on the Enforceability Date. 10
(C) N
AVAJO NATION FOURTH PRIORITY 11
WATER.— 12
(i) S
TATE RECOMMENDATION .—Pur-13
suant to subparagraph 4.9.1 of the Settle-14
ment Agreement, the State has rec-15
ommended the allocation described in 16
clause (ii). 17
(ii) A
LLOCATION.—3,500 AFY of 18
uncontracted Fourth Priority Water re-19
served for Use in a Navajo-Hopi Indian 20
Water Rights settlement under paragraph 21
11.3 of the Arizona Water Settlement 22
Agreement among the United States, the 23
State, and CAWCD, as authorized by 24
paragraphs (1) and (2) of section 106(a) 25
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of the Central Arizona Project Settlement 1
Act of 2004 (Public Law 108–451; 118 2
Stat. 3492), is allocated to the Navajo Na-3
tion on the Enforceability Date. 4
(2) A
LLOCATION TO HOPI TRIBE AND AMEND -5
MENT TO CIBOLA CONTRACT .— 6
(A) H
OPI TRIBE UPPER BASIN COLORADO 7
RIVER WATER.— 8
(i) S
TATE AGREEMENT .—Pursuant to 9
subparagraph 5.7.1 of the Settlement 10
Agreement, the State has expressly agreed 11
to the allocation described in clause (ii). 12
(ii) A
LLOCATION.—2,300 AFY of Ari-13
zona Upper Basin Colorado River Water is 14
allocated to the Hopi Tribe on the En-15
forceability Date. 16
(B) H
OPI TRIBE CIBOLA WATER .—Pursu-17
ant to subparagraph 5.8.1 of the Settlement 18
Agreement, the State has recommended the 19
amendment of the existing Hopi Tribe Cibola 20
Contract to reduce the Fourth Priority Water 21
diversion entitlement of the Hopi Tribe to 22
4,178 AFY, and to provide for additional Uses 23
and places of Use of Hopi Tribe Cibola Water, 24
effective on the Enforceability Date. 25
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(b) COLORADORIVERWATERUSE BY THENAVAJO 1
N
ATION ANDHOPITRIBE.— 2
(1) C
OLORADO RIVER WATER USE BY THE NAV -3
AJO NATION.— 4
(A) N
AVAJO NATION UPPER BASIN COLO -5
RADO RIVER WATER USE .—Subject to the limi-6
tations of this Act, the Navajo Nation may di-7
vert its Navajo Nation Upper Basin Colorado 8
River Water in the State, the State of New 9
Mexico, and the State of Utah for Use at any 10
location in the State. 11
(B) N
AVAJO NATION CIBOLA WATER .— 12
Subject to the limitations of this Act, the Nav-13
ajo Nation may divert its Navajo Nation Cibola 14
Water in the State in the Upper Basin at Lake 15
Powell or in the Lower Basin for Use at any lo-16
cation within the Lower Basin. 17
(C) N
AVAJO NATION FOURTH PRIORITY 18
WATER.—The Navajo Nation may divert its 19
Navajo Nation Fourth Priority Water in the 20
State in the Upper Basin at Lake Powell or in 21
the Lower Basin for Use at any location within 22
the Lower Basin. 23
(D) N
O USE OUTSIDE OF THE STATE .— 24
With the exception of water storage by the Nav-25
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ajo Nation at the Navajo Reservoir and the 1
Frank Chee Willetto, Sr. Reservoir in the State 2
of New Mexico, the Navajo Nation may not use, 3
lease, exchange, forbear, or otherwise transfer 4
any of the water described in subparagraphs 5
(A), (B), and (C) for Use directly or indirectly 6
outside of the State. 7
(2) C
OLORADO RIVER WATER USE BY THE HOPI 8
TRIBE.— 9
(A) H
OPI TRIBE UPPER BASIN COLORADO 10
RIVER WATER USE.—Subject to the limitations 11
of this Act, the Hopi Tribe may divert its Hopi 12
Tribe Upper Basin Colorado River Water in the 13
State for Use at any location in the State. 14
(B) H
OPI TRIBE CIBOLA WATER USE .— 15
The Hopi Tribe may divert its Hopi Tribe 16
Cibola Water in the State in the Upper Basin 17
at Lake Powell or in the Lower Basin for Use 18
at any location within the Lower Basin. 19
(C) N
O USE OUTSIDE OF THE STATE .— 20
The Hopi Tribe may not use, lease, exchange, 21
forbear, or otherwise transfer any of the water 22
described in subparagraphs (A) and (B) for Use 23
directly or indirectly outside of the State. 24
(3) C
URTAILMENT.— 25
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(A) NAVAJO NATION.— 1
(i) N
AVAJO NATION CIBOLA WATER 2
AND NAVAJO NATION FOURTH PRIORITY 3
WATER.—Delivery of Navajo Nation Cibola 4
Water and Navajo Nation Fourth Priority 5
Water, regardless of the point of diversion, 6
shall be subject to reduction in any year in 7
which a shortage is declared to the same 8
extent as other non-CAP Fourth Priority 9
Water. 10
(ii) O
THER ARIZONA LOWER BASIN 11
COLORADO RIVER WATER ACQUIRED BY 12
THE NAVAJO NATION .—Any other Arizona 13
Lower Basin Colorado River Water that 14
the Navajo Nation may acquire shall be 15
subject to reduction in any year in which 16
a shortage is declared in accordance with 17
criteria applied by the Secretary to water 18
of the same priority. 19
(B) H
OPI TRIBE.— 20
(i) F
OURTH PRIORITY CIBOLA 21
WATER.—Delivery of Hopi Tribe Cibola 22
Water of fourth priority, regardless of the 23
point of diversion, shall be subject to re-24
duction in any year in which a shortage is 25
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•S 953 IS
declared to the same extent as other non- 1
CAP Fourth Priority Water. 2
(ii) F
IFTH PRIORITY.—Delivery of 3
Hopi Tribe Cibola Water of fifth priority, 4
regardless of the point of diversion, shall 5
be subject to reduction in any year in 6
which a shortage is declared to the same 7
extent as other Fifth Priority Water. 8
(iii) O
THER ARIZONA LOWER BASIN 9
COLORADO RIVER WATER ACQUIRED BY 10
THE HOPI TRIBE .—Any other Arizona 11
Lower Basin Colorado River Water that 12
the Hopi Tribe may acquire shall be sub-13
ject to reduction in any year in which a 14
shortage is declared in accordance with cri-15
teria applied by the Secretary to water of 16
the same priority. 17
(c) C
OLORADORIVERWATERSTORAGE.— 18
(1) S
TORAGE IN ARIZONA.— 19
(A) A
RIZONA UPPER BASIN COLORADO 20
RIVER WATER.—Navajo Nation Upper Basin 21
Colorado River Water and Hopi Tribe Upper 22
Basin Colorado River Water may be stored at 23
underground storage facilities or Groundwater 24
savings facilities located— 25
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•S 953 IS
(i) within the Navajo Reservation in 1
accordance with Navajo law, or State law 2
if mutually agreed to by the Navajo Nation 3
and the State; 4
(ii) within the Hopi Reservation in ac-5
cordance with Hopi law, or State law if 6
mutually agreed to by the Hopi Tribe and 7
the State; 8
(iii) on any other Indian reservation 9
located in the State in accordance with ap-10
plicable law; and 11
(iv) within the State and outside of 12
any Indian reservation in accordance with 13
State law. 14
(B) A
RIZONA LOWER BASIN COLORADO 15
RIVER WATER.—Navajo Nation Cibola Water, 16
Navajo Nation Fourth Priority Water, and 17
Hopi Tribe Cibola Water may be stored at un-18
derground storage facilities or Groundwater 19
savings facilities located— 20
(i) within the Navajo Reservation in 21
accordance with Navajo law, or State law 22
if mutually agreed to by the Navajo Nation 23
and the State; 24
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•S 953 IS
(ii) within the Hopi Reservation in ac-1
cordance with Hopi law, or State law if 2
mutually agreed to by the Hopi Tribe and 3
the State; 4
(iii) on any other Indian reservation 5
located in the State that falls within the 6
Lower Basin in accordance with applicable 7
law; and 8
(iv) within any portion of the State 9
that falls within the Lower Basin and out-10
side of any Indian reservation in accord-11
ance with State law. 12
(2) S
TORAGE CREDITS.— 13
(A) I
N GENERAL.—The Navajo Nation and 14
the Hopi Tribe may assign any long-term stor-15
age credits accrued as a result of storage under 16
subparagraphs (A) and (B) of paragraph (1) in 17
accordance with applicable law. 18
(B) S
TORAGE PURSUANT TO TRIBAL 19
LAW.—Any water stored pursuant to Tribal law 20
may only be recovered on the Indian reservation 21
where the water was stored. 22
(3) S
TORAGE IN NEW MEXICO .—The Navajo 23
Nation may store in, divert, and convey its Navajo 24
Nation Upper Basin Colorado River Water from the 25
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Navajo Reservoir and the Frank Chee Willetto, Sr. 1
Reservoir in New Mexico, subject to the require-2
ments of subsection (g), including that the water 3
stored at the Navajo Reservoir or the Frank Chee 4
Willetto, Sr. Reservoir is subject to agreements with 5
and permits from the State of New Mexico and is 6
accounted for as provided in that subsection and sec-7
tion 17(a)(3). 8
(4) S
TORAGE CONTRACT REQUIREMENTS .— 9
(A) I
N GENERAL.—All contracts to store 10
Navajo Nation Upper Basin Colorado River 11
Water, Navajo Nation Cibola Water, Navajo 12
Nation Fourth Priority Water, Hopi Tribe 13
Upper Basin Colorado River Water or Hopi 14
Tribe Cibola Water shall identify— 15
(i) the place of storage of the water; 16
(ii) the mechanisms for delivery of the 17
water; and 18
(iii) each point of diversion under the 19
applicable contract. 20
(B) C
ONFLICTS.—A contract to store Nav-21
ajo Nation Upper Basin Colorado River Water, 22
Navajo Nation Cibola Water, Navajo Nation 23
Fourth Priority Water, Hopi Tribe Upper 24
Basin Colorado River Water, or Hopi Tribe 25
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Cibola Water shall not conflict with the Settle-1
ment Agreement or this Act. 2
(C) S
YSTEM CONSERVATION .— 3
(i) S
YSTEM CONSERVATION IN LAKE 4
POWELL.— 5
(I) I
N GENERAL.—Subject to 6
subclauses (IV) through (VII), the 7
Secretary is authorized and directed 8
to enter into NAIWRSA System Con-9
servation Program agreements with 10
the Navajo Nation and the Hopi 11
Tribe to provide for the storage of 12
17,050 AFY of the System Conserva-13
tion Eligible Water each year for a 14
period of 20 years to be retained in 15
Lake Powell until the end of the 20- 16
year period for the benefit of the Col-17
orado River System. 18
(II) N
AVAJO NATION AND HOPI 19
TRIBE AGREEMENTS.— 20
(aa) N
AVAJO NATION.—Pur-21
suant to subclause (I), the Nav-22
ajo Nation shall enter into 20- 23
year NAIWRSA System Con-24
servation Program agreement to 25
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deliver 16,214.55 AFY of the 1
System Conservation Eligible 2
Water to the Secretary to be re-3
tained in Lake Powell and ac-4
counted for separately during the 5
20-year period for the benefit of 6
the Colorado River System. 7
(bb) H
OPI TRIBE.—Pursu-8
ant to subclause (I), the Hopi 9
Tribe shall enter into a 20-year 10
NAIWRSA System Conservation 11
Program agreement to deliver 12
835.45 AFY of the System Con-13
servation Eligible Water to the 14
Secretary to be retained in Lake 15
Powell and accounted for sepa-16
rately during the 20-year period 17
for the benefit of the Colorado 18
River System. 19
(III) N
OTIFICATION.—Notwith-20
standing subclause (II), during the 21
20-year period in which the Navajo 22
Nation and the Hopi Tribe are deliv-23
ering water to the NAIWRSA System 24
Conservation Program, if the Hopi 25
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Tribe intends to deliver more than 1
1,464.55 AFY of Hopi Tribe Upper 2
Basin Colorado River Water to the 3
Hopi Reservation in any calendar 4
year— 5
(aa) the Hopi Tribe shall 6
notify the Navajo Nation prior to 7
the start of that calendar year of 8
the amount of Hopi Tribe Upper 9
Basin Colorado River Water in 10
excess of 1,464.55 AFY that the 11
Hopi Tribe intends to deliver to 12
the Hopi Reservation during the 13
subsequent calendar year; and 14
(bb) the Navajo Nation shall 15
deliver sufficient additional Sys-16
tem Conservation Eligible Water 17
to ensure that 17,050 AFY is de-18
livered to the Secretary each cal-19
endar year to be retained in Lake 20
Powell pursuant to the 21
NAIWRSA System Conservation 22
Program. 23
(IV) E
VAPORATION LOSSES .— 24
The System Conservation Eligible 25
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Water stored in Lake Powell shall be 1
subject to evaporation losses. 2
(V) R
ELEASE.—Notwithstanding 3
the intention to retain the System 4
Conservation Eligible Water stored in 5
Lake Powell for 20 years, as described 6
in subclauses (I) and (II), the System 7
Conservation Eligible Water may be 8
released— 9
(aa) pursuant to an agree-10
ment signed by the Governors’ 11
representatives of the Colorado 12
River Basin States and the Bu-13
reau; or 14
(bb) by the Bureau con-15
sistent with operating criteria or 16
guidelines. 17
(VI) N
O CONSIDERATION IN AN -18
NUAL RELEASE.—The System Con-19
servation Eligible Water stored at 20
Lake Powell shall not be considered 21
when determining the annual release 22
of Lake Powell under the operational 23
criteria or guidelines in place for any 24
year in the 20-year period in which 25
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•S 953 IS
the Navajo Nation and the Hopi 1
Tribe are delivering water to the 2
NAIWRSA System Conservation Pro-3
gram and any subsequent year. 4
(VII) A
CCOUNTING AS UPPER 5
BASIN.—Any System Conservation El-6
igible Water released from storage 7
shall be accounted for as Upper Basin 8
releases under article III of the Colo-9
rado River Compact. 10
(ii) P
ARTICIPATION IN SYSTEM CON -11
SERVATION PROGRAMS .—In addition to the 12
NAIWRSA System Conservation Program 13
to store System Conservation Eligible 14
Water in Lake Powell for 20 years as de-15
scribed in subclauses (I) and (II) of clause 16
(i), the Navajo Nation and the Hopi Tribe 17
are authorized to participate in System 18
Conservation programs in the Upper Basin 19
for Navajo Nation Upper Basin Colorado 20
River Water and Hopi Tribe Upper Basin 21
Colorado River Water and in the Lower 22
Basin for Navajo Nation Cibola Water and 23
Navajo Nation Fourth Priority Water and 24
Hopi Tribe Cibola Water to the extent that 25
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•S 953 IS
the water meets the applicable require-1
ments of those System Conservation pro-2
grams. 3
(d) T
RANSPORTATION OF WATERTHROUGH THE 4
CAP S
YSTEM.—Subject to the accounting provisions of 5
section 17, the Navajo Nation or the Hopi Tribe may 6
transport Navajo Nation Upper Basin Colorado River 7
Water, Navajo Nation Cibola Water, Navajo Nation 8
Fourth Priority Water, Hopi Tribe Upper Basin Colorado 9
River Water, and Hopi Tribe Cibola Water through the 10
CAP system for storage or Use in accordance with all laws 11
of the United States and the agreements between the 12
United States and CAWCD governing the Use of the CAP 13
system to transport water other than CAP Water, includ-14
ing payment of applicable charges. 15
(e) W
ATERDELIVERYCONTRACTS.—The Secretary 16
shall enter into the following water delivery contracts, 17
which shall be without limit as to term: 18
(1) N
AVAJO NATION WATER DELIVERY CON -19
TRACTS FOR NAVAJO NATION UPPER BASIN COLO -20
RADO RIVER WATER.— 21
(A) I
N GENERAL.—The Secretary shall 22
enter into a water delivery contract with the 23
Navajo Nation for Navajo Nation Upper Basin 24
Colorado River Water in accordance with the 25
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Settlement Agreement, which shall provide for, 1
among other things— 2
(i) the delivery of up to 44,700 AFY 3
of Navajo Nation Upper Basin Colorado 4
River Water; 5
(ii) 1 or more points of diversion in 6
the State, New Mexico, and Utah; 7
(iii) 1 or more storage locations at 8
any place within the State and in the Nav-9
ajo Reservoir and the Frank Chee Willetto, 10
Sr. Reservoir in New Mexico; 11
(iv) subject to the limitations of this 12
Act, Use at any location within the State; 13
and 14
(v) delivery of Navajo Nation Upper 15
Basin Colorado River Water to the Navajo 16
Nation’s lessees and exchange partners in 17
the Upper Basin and the Lower Basin 18
within the State. 19
(B) E
XISTING WATER SERVICE CON -20
TRACT.— 21
(i) I
N GENERAL.—Water Service Con-22
tract No. 09–WC–40–318 between the 23
United States and the Navajo Nation 24
dated December 23, 2009, for the delivery 25
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of up to 950 AFY of water from Lake 1
Powell to the Navajo Nation for municipal 2
and industrial Use within the Community 3
of LeChee shall be replaced with a Navajo 4
Nation Water Delivery Contract for the de-5
livery of Navajo Nation Upper Basin Colo-6
rado River Water that complies with sub-7
paragraph (A). 8
(ii) T
ERMINATION.—As provided in 9
the Settlement Agreement, on the Enforce-10
ability Date, the water service contract de-11
scribed in clause (i) shall terminate. 12
(2) N
AVAJO NATION WATER DELIVERY CON -13
TRACT FOR NAVAJO NATION CIBOLA WATER .—The 14
Secretary shall enter into a water delivery contract 15
with the Navajo Nation for the Navajo Nation 16
Cibola Water in accordance with the Settlement 17
Agreement, which shall provide for, among other 18
things— 19
(A)(i) the diversion of up to 100 AFY at 20
the location and for the same Uses described in 21
the Hopi Tribe Existing Cibola Contract; or 22
(ii) delivery and consumptive use of up to 23
71.5 AFY at locations and for Uses within the 24
State within the Lower Basin other than as de-25
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•S 953 IS
scribed in the Hopi Tribe Existing Cibola Con-1
tract; 2
(B) 1 or more points of diversion in the 3
State within the Lower Basin or at Lake Pow-4
ell; 5
(C) storage in any location within the 6
State within the Lower Basin Reservoir in New 7
Mexico; 8
(D) Use at any location within the State 9
within the Lower Basin; 10
(E) delivery of Navajo Nation Cibola 11
Water to the Navajo Nation’s lessees and ex-12
change partners in the State within the Lower 13
Basin; and 14
(F) curtailment as provided in subsection 15
(b)(3)(A). 16
(3) N
AVAJO NATION WATER DELIVERY CON -17
TRACT FOR NAVAJO NATION FOURTH PRIORITY 18
WATER.—The Secretary shall enter into a water de-19
livery contract with the Navajo Nation for Navajo 20
Nation Fourth Priority Water in accordance with 21
the Settlement Agreement, which shall provide for, 22
among other things— 23
(A) delivery of up to 3,500 AFY of Navajo 24
Nation Fourth Priority Water; 25
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•S 953 IS
(B) 1 or more points of diversion in the 1
State within the Lower Basin or at Lake Pow-2
ell; 3
(C) storage in any location within the 4
State within the Lower Basin; 5
(D) Use at any location within the State 6
within the Lower Basin; 7
(E) delivery of Navajo Nation Fourth Pri-8
ority Water to the Navajo Nation’s lessees and 9
exchange partners in the State within the 10
Lower Basin; and 11
(F) curtailment as provided in subsection 12
(b)(3)(A). 13
(4) H
OPI TRIBE DELIVERY CONTRACTS FOR 14
HOPI TRIBE UPPER BASIN COLORADO RIVER 15
WATER.—The Secretary shall enter into a water de-16
livery contract with the Hopi Tribe for Hopi Tribe 17
Upper Basin Colorado River Water in accordance 18
with the Settlement Agreement, which shall provide 19
for, among other things— 20
(A) the delivery of up to 2,300 AFY of 21
Hopi Tribe Upper Basin Colorado River Water; 22
(B) 1 or more points of diversion in the 23
State, including Lake Powell; 24
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•S 953 IS
(C) 1 or more storage locations at any 1
place within the State; 2
(D) subject to the limitations of this Act, 3
Use at any location within the State; and 4
(E) delivery of Hopi Tribe Upper Basin 5
Colorado River Water to the Hopi Tribe’s les-6
sees and exchange partners in the Upper Basin 7
and the Lower Basin within the State. 8
(5) H
OPI TRIBE WATER DELIVERY CONTRACT 9
FOR HOPI TRIBE CIBOLA WATER .—The Secretary 10
shall enter into a water delivery contact with the 11
Hopi Tribe for Hopi Tribe Cibola Water in accord-12
ance with the Settlement Agreement, which shall 13
provide for, among other things— 14
(A) the delivery of up to 4,178 AFY of 15
Fourth Priority Water, 750 AFY of Fifth Pri-16
ority Water, and 1,000 AFY of Sixth Priority 17
Water; 18
(B) 1 or more points of diversion in the 19
State within the Lower Basin or at Lake Pow-20
ell; 21
(C) storage in any location within the 22
State within the Lower Basin; 23
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•S 953 IS
(D) Use at any location within the State 1
within the Lower Basin, consistent with sub-2
paragraph 5.8.3 of the Settlement Agreement; 3
(E) delivery of Hopi Tribe Cibola Water to 4
the Hopi Tribe’s lessees and exchange partners 5
in the State within the Lower Basin; and 6
(F) curtailment as provided in subsection 7
(b)(3)(B). 8
(f) R
EQUIREMENTS AND LIMITATIONSAPPLICABLE 9
TOWATERDELIVERYCONTRACTS.—The Navajo Nation 10
Water Delivery Contracts and Hopi Tribe Water Delivery 11
Contracts shall be subject to the following requirements 12
and limitations: 13
(1) Except for storage by the Navajo Nation at 14
the Navajo Reservoir and the Frank Chee Willetto, 15
Sr. Reservoir in New Mexico, and in accordance with 16
subsection (g), a water delivery contract shall not 17
permit the Use of the water outside of the State. 18
(2) A water delivery contract shall not, either 19
temporarily or permanently, alter or reduce the an-20
nual Lower Basin apportionment of the State pursu-21
ant to the Boulder Canyon Project Act (43 U.S.C. 22
617 et seq.) and the Decree, or annual Upper Basin 23
apportionment pursuant to the Upper Colorado 24
River Basin Compact of 1948. 25
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•S 953 IS
(3) Nothing in a water delivery contract shall 1
alter or impair the rights, authorities, and interests 2
of California, Nevada, or the State under the Boul-3
der Canyon Project Act (43 U.S.C. 617 et seq.), the 4
contract between the United States and the State 5
dated February 9, 1944, the Upper Colorado River 6
Basin Compact of 1948 or the Decree. 7
(4) A water delivery contract shall not limit the 8
ability of California, Nevada, or the State to seek or 9
advocate changes in the operating rules, criteria, or 10
guidelines of the Colorado River System as those 11
rules, criteria, or guidelines apply to the apportion-12
ments of the State from the Upper Basin and the 13
Lower Basin of the Colorado River. 14
(5) In the event that a water delivery contract 15
will result in the delivery of Arizona Upper Basin 16
Colorado River Water to the Lower Basin, the Sec-17
retary shall confer with the State and with the Gov-18
ernors’ representatives of the Colorado River Basin 19
States prior to executing that water delivery contract 20
with respect to— 21
(A) the impact of the water deliveries on 22
the availability of Upper Basin Colorado River 23
Water or Arizona Lower Basin Colorado River 24
Water within the State; 25
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•S 953 IS
(B) the annual accounting conducted by 1
the Bureau for the Colorado River apportion-2
ments of the State in the Upper Basin and 3
Lower Basin; 4
(C) how diversions of Arizona Upper Basin 5
Colorado River Water in the Lower Basin will 6
be administered consistently with the Decree; 7
and 8
(D) as appropriate, the impact of the 9
water deliveries on the operations of the Central 10
Arizona Project. 11
(6) A water delivery contract shall identify— 12
(A) the place of Use of the water; 13
(B) the purpose of the Use of the water 14
during the term of the contract; 15
(C) the mechanism for delivery of the 16
water; and 17
(D) each point of diversion under the con-18
tract. 19
(7) A water delivery contract shall not prejudice 20
the interests of California, Nevada, or the State, or 21
serve as precedent against California, Nevada, or the 22
State, in any litigation relating to the apportion-23
ment, diversion, storage, or Use of water from the 24
Colorado River System. 25
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•S 953 IS
(8) In the case of a conflict between a water de-1
livery contract and this Act or the Settlement Agree-2
ment, this Act or the Settlement Agreement shall 3
control. 4
(9) Any material amendment or modification of 5
a water delivery contract shall comply with, and be 6
subject to, all requirements and limitations for the 7
water delivery contract, as described in the Settle-8
ment Agreement and this Act. 9
(10) A water delivery contract shall become ef-10
fective on the Enforceability Date and, once effec-11
tive, shall be permanent and without limit as to 12
term. 13
(11) The United States shall waive Colorado 14
River Storage Project standby charges and delivery 15
charges and annual administration fees for water de-16
livered pursuant to a water delivery contract. 17
(g) C
ONDITIONS FOR STORAGE, DIVERSION, AND 18
C
ONVEYANCE INNEWMEXICO.— 19
(1) R
EQUIREMENTS FOR WATER DIVERTED IN 20
NEW MEXICO FOR USE BY THE NAVAJO NATION IN 21
ARIZONA.— 22
(A) I
N GENERAL.—Notwithstanding any 23
other provision of this Act, water shall not be 24
stored in, diverted in, or conveyed from New 25
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•S 953 IS
Mexico for Use by the Navajo Nation in the 1
State except in compliance with this subsection 2
or subparagraph 7(g) of the Partial Final De-3
cree (as defined in section 10302 of the North-4
western New Mexico Rural Water Projects Act 5
(43 U.S.C. 407 note; Public Law 111–11)). 6
(B) W
ATER PROVIDED UNDER PUBLIC LAW 7
111–11.—6,411 AFY of Navajo Nation Upper 8
Basin Colorado River Water may be stored in, 9
diverted in, and conveyed from New Mexico for 10
Use in the State— 11
(i) consistent with the terms and re-12
quirements of the Northwestern New Mex-13
ico Rural Water Projects Act (Public Law 14
111–11; 123 Stat. 1367) and the Partial 15
Final Decree (as defined in section 10302 16
of that Act (43 U.S.C. 407 note; Public 17
Law 111–11)); and 18
(ii) in accordance with an appropriate 19
permit issued under New Mexico law with 20
a place of use consistent with subpara-21
graph (D). 22
(C) A
DDITIONAL WATER UNDER THIS 23
ACT.—In addition to the 6,411 AFY pursuant 24
to subparagraph (B), 12,000 AFY of Navajo 25
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•S 953 IS
Nation Upper Basin Colorado River Water may 1
be stored in, diverted in, and conveyed from the 2
San Juan River in New Mexico for Use in the 3
State, subject to the following conditions: 4
(i) An agreement is executed between 5
the Navajo Nation and the State of New 6
Mexico, acting through its Interstate 7
Stream Commission, enabling the storage 8
in, diversion in, and conveyance from New 9
Mexico of not to exceed 12,000 AFY of 10
Navajo Nation Upper Basin Colorado 11
River Water for Use by the Navajo Nation 12
in the State when the Upper Basin Colo-13
rado River Water is available for diversion 14
in compliance with the Endangered Species 15
Act of 1973 (16 U.S.C. 1531 et seq.) and 16
without resulting in forbearance of Use in 17
New Mexico or a shortage to any water 18
uses as provided in the Navajo Reservoir 19
Operations guidelines pursuant to the 20
2006 environmental impact statement pre-21
pared by the Bureau, or any updated 22
guidelines or requirements for Navajo Res-23
ervoir Operations as may become effective 24
in the future. 25
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•S 953 IS
(ii) If the Navajo Nation and the 1
State of New Mexico, acting through its 2
Interstate Stream Commission, are able to 3
agree on terms, an agreement is executed 4
covering periods of time when the Navajo 5
Nation is not able to divert all or a portion 6
of the 12,000 AFY of Navajo Nation 7
Upper Basin Colorado River Water under 8
clause (i), subject to the requirements 9
that— 10
(I) the agreement provides for 11
limited forbearance of Navajo Nation 12
water in New Mexico or other mutu-13
ally acceptable mechanisms for mak-14
ing all or a portion of the 12,000 15
AFY of Navajo Nation Upper Basin 16
Colorado River Water available to the 17
Navajo Nation in the State; and 18
(II) the United States and the 19
Governors’ representatives of the Col-20
orado River Basin States have agreed 21
on an appropriate measure or ac-22
counting method for such forbearance 23
or mechanisms to ensure that the 24
ability of New Mexico to utilize its ap-25
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•S 953 IS
portionment under the Upper Colo-1
rado River Basin Compact of 1948 is 2
preserved. 3
(D) P
ERMITS AS A CONDITION FOR DELIV -4
ERY.—No water under subparagraph (B) or (C) 5
may be delivered unless the New Mexico State 6
Engineer has issued an appropriate permit for 7
any diversion from the San Juan River system 8
or underground basin in New Mexico and stor-9
age and release of water from the Navajo Res-10
ervoir or the Frank Chee Willetto, Sr. Reservoir 11
to supply Use on Navajo Land within the State 12
and for municipal Use adjoining the Navajo 13
Reservation from water distribution facilities 14
that are physically connected or planned for 15
connection, as of the date of enactment of this 16
Act, to water distribution facilities on the Nav-17
ajo Reservation in the State. 18
(E) W
ATER DELIVERY CONTRACTS .—No 19
water under subparagraph (B) or (C) may be 20
delivered until the Navajo Nation and the Sec-21
retary have entered into the appropriate water 22
delivery contract described in subsection (e) for 23
the amount of water to be delivered, which shall 24
be consistent with the agreements described in 25
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•S 953 IS
subparagraph (C) and permits described in sub-1
paragraph (D). 2
(F) P
ROHIBITION ON LEASING AND EX -3
CHANGES.—No water diverted in or conveyed 4
from New Mexico under this subsection shall be 5
leased or exchanged in the State. 6
(2) A
CCOUNTING OF WATER DIVERTED IN NEW 7
MEXICO FOR USE IN ARIZONA .— 8
(A) I
N GENERAL.—Depletion of water that 9
results from the diversion of water from the 10
San Juan River system or underground basin 11
in New Mexico for Use within the State (includ-12
ing depletion incidental to the storage in, diver-13
sion in, or conveyance from New Mexico for 14
Use in the State) shall be— 15
(i) accounted as consumptive Use of 16
Navajo Nation Upper Basin Colorado 17
River Water; and 18
(ii) charged against Arizona Upper 19
Basin Colorado River Water. 20
(B) E
XCEPTION UNDER LATER AGREE -21
MENT.—If an agreement is reached pursuant to 22
paragraph (1)(C)(ii) providing for forbearance 23
or other mechanism to make water available, 24
the measure or accounting mechanism provided 25
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•S 953 IS
for in accordance with subclause (II) of that 1
paragraph shall apply. 2
(3) R
EQUIREMENTS AND ACCOUNTING FOR 3
WATER SUBJECT TO THE NAVAJO -UTAH WATER 4
RIGHTS SETTLEMENT DIVERTED IN NEW MEXICO 5
FOR USE IN UTAH.— 6
(A) I
N GENERAL.—Any storage in, diver-7
sion in, and conveyance of water from New 8
Mexico for use in Utah authorized under the 9
Northwestern New Mexico Rural Water 10
Projects Act (Public Law 111–11; 123 Stat. 11
1367) shall be— 12
(i) subject to the same requirements 13
for accounting as provided in paragraph 14
(2), but applicable to Utah; and 15
(ii) charged against the Upper Basin 16
apportionment of the State of Utah under 17
the Colorado River Compact and the 18
Upper Colorado River Basin Compact of 19
1948. 20
(B) O
THER REQUIREMENTS .—In addition 21
to the requirements under subparagraph (A), 22
the storage, diversion, and conveyance of up to 23
2,000 AFY shall require— 24
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•S 953 IS
(i) an appropriate permit from the 1
New Mexico State Engineer; 2
(ii) coordination with the Utah State 3
Engineer as required by the Utah-Navajo 4
Water Rights Settlement and the North-5
western New Mexico Rural Water Projects 6
Act (Public Law 111–11; 123 Stat. 1367); 7
(iii) an agreement between the Navajo 8
Nation and the State of New Mexico, act-9
ing through its Interstate Stream Commis-10
sion; and 11
(iv) an agreement between the State 12
of New Mexico, acting through its Inter-13
state Stream Commission, and the State of 14
Utah, to ensure that the apportionments of 15
the States of New Mexico and Utah and 16
rights under the Upper Colorado River 17
Basin Compact of 1948 are preserved. 18
(4) N
AVAJO NATION UPPER BASIN COLORADO 19
RIVER WATER DIVERTED IN NEW MEXICO .—The 20
Navajo Nation may not use, lease, contract, ex-21
change, forbear, or otherwise transfer any water 22
from the San Juan River system within the State of 23
New Mexico for Use directly or indirectly outside of 24
New Mexico except— 25
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•S 953 IS
(A) by agreement of the State of New 1
Mexico, acting through its Interstate Stream 2
Commission, based, in whole or in part, on its 3
determination that the rights and entitlements 4
of the State of New Mexico under the Colorado 5
River Compact and the Upper Colorado River 6
Basin Compact of 1948 are not adversely af-7
fected and water uses within New Mexico are 8
adequately protected; 9
(B) by issuance of appropriate permits by 10
the New Mexico State Engineer; and 11
(C) to allow the Navajo Nation to forbear 12
pursuant to section 10603(d) of the North-13
western New Mexico Rural Water Projects Act 14
(Public Law 111–11; 123 Stat. 1386)— 15
(i) to enable delivery to the State of 16
the 6,411 AFY described in paragraph 17
(1)(B); and 18
(ii) to enable delivery to Utah of up to 19
2,000 AFY described in paragraph (3). 20
(5) P
ROTECTION OF USES IN NEW MEXICO .—As 21
determined by the State of New Mexico, acting 22
through its Interstate Stream Commission and its 23
State Engineer, pursuant to this subsection, storage, 24
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•S 953 IS
diversion, or conveyance of water in New Mexico for 1
Use in the State or Utah shall not adversely affect— 2
(A) Water Rights or Uses in New Mexico; 3
or 4
(B) delivery of water under contracts en-5
tered into under— 6
(i) the Act of June 13, 1962 (Public 7
Law 87–483; 76 Stat. 96); and 8
(ii) New Mexico State Engineer File 9
Nos. 2847, 2848, 2849, 2883, and 2917. 10
(h) C
ONDITIONS FORDIVERSION OFNAVAJONATION 11
U
PPERBASINCOLORADORIVERWATER INUTAH.— 12
(1) R
EQUIREMENTS FOR WATER DIVERTED IN 13
UTAH FOR USE IN ARIZONA .— 14
(A) I
N GENERAL.—Notwithstanding any 15
other provision of this Act, water shall not be 16
stored in, diverted in, and conveyed from Utah 17
for Use by the Navajo Nation in the State ex-18
cept in compliance with this subsection. 19
(B) W
ATER PROVIDED UNDER CONTRACT 20
WITH THE UNITED STATES .—If the Navajo Na-21
tion requests to divert a portion of its Navajo 22
Nation Upper Basin Colorado River Water in 23
Utah for Use in the State pursuant to a water 24
delivery contract with the United States, the 25
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•S 953 IS
Secretary shall confer with Utah prior to exe-1
cuting that water delivery contract to ensure 2
compliance with the rights and entitlements of 3
Utah under the Upper Colorado River Basin 4
Compact of 1948 and Utah State law. 5
(C) W
ATER DIVERTED ON THE NAVAJO 6
RESERVATION.—Water may be diverted on the 7
Navajo Reservation in Utah for delivery to the 8
Navajo Reservation in the State once the Nav-9
ajo Nation has obtained approval by the Utah 10
State Engineer through a diversion permit that 11
requires compliance with applicable Utah State 12
law, including the requirement to appropriately 13
measure diversions of water from the San Juan 14
River system or underground basins in Utah to 15
ensure that diversion of Navajo Nation Upper 16
Basin Colorado River Water in Utah for use in 17
the State shall not adversely affect Water 18
Rights, Uses, or delivery of water in Utah. 19
(D) W
ATER DIVERTED IN UTAH OFF THE 20
NAVAJO RESERVATION .—Navajo Nation Upper 21
Basin Colorado River Water may be diverted 22
from a source off the Navajo Reservation only 23
in accordance with Utah State law. 24
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•S 953 IS
(E) PROHIBITION ON LEASING AND EX -1
CHANGES.—No water diverted in or conveyed 2
from Utah from the San Juan River under this 3
paragraph shall be leased or exchanged in Ari-4
zona. 5
(2) A
CCOUNTING OF USES IN ARIZONA .—Deple-6
tion of water that results from the diversion of Nav-7
ajo Nation Upper Basin Colorado River Water in 8
Utah for Uses in the State (including depletion inci-9
dental to storage, diversion, or conveyance of water) 10
shall be— 11
(A) accounted as consumptive Use of Nav-12
ajo Nation Upper Basin Colorado River Water; 13
and 14
(B) charged against Arizona Upper Basin 15
Colorado River Water. 16
(i) W
ATERUSES INUTAH BY THENAVAJONATION 17
AND THESANJUANSOUTHERNPAIUTETRIBE.— 18
(1) W
ATER APPORTIONED TO UTAH .—The Nav-19
ajo Nation or the San Juan Southern Paiute Tribe 20
may not use, lease, contract, exchange, forbear, or 21
otherwise transfer any water apportioned to the 22
State of Utah by the Colorado River Compact or the 23
Upper Colorado River Basin Compact of 1948 for 24
Use directly or indirectly outside of the State of 25
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•S 953 IS
Utah, except as provided for in the Navajo-Utah 1
Water Rights Settlement and subject to subsection 2
(g)(3). 3
(2) C
ONTINUED APPLICABILITY OF THE NAV -4
AJO-UTAH WATER RIGHTS SETTLEMENT .—Except as 5
provided in subsection (g)(3), nothing in this Act 6
modifies or is exempt from the terms of the Navajo- 7
Utah Water Rights Settlement. 8
(3) A
PPLICABILITY OF THE TREATY .—Pursuant 9
to section XV of the Treaty, Water Rights for the 10
San Juan Southern Paiute Tribe in the San Juan 11
Southern Paiute Northern Area shall be quit 12
claimed to the San Juan Southern Paiute Tribe by 13
the Navajo Nation on publication in the Federal 14
Register under section 19(g)(1)(A). 15
(j) U
SE OF THECOLORADORIVERMAINSTREAM AND 16
S
ANJUANRIVER.— 17
(1) I
N GENERAL.—The Secretary may use— 18
(A) the Colorado River mainstream and 19
dams and works on the mainstream controlled 20
or operated by the United States, which regu-21
late the flow of water in the mainstream or the 22
diversion of water from the mainstream in the 23
Upper Basin or the Lower Basin to transport 24
and deliver Navajo Nation Upper Basin Colo-25
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•S 953 IS
rado River Water, Hopi Tribe Upper Basin Col-1
orado River Water, Navajo Nation Cibola 2
Water, Navajo Nation Fourth Priority Water, 3
and Hopi Tribe Cibola Water; and 4
(B) the San Juan River and the dams and 5
works described in subparagraphs 4.7.5, 4.8.4, 6
and 4.9.4 of the Settlement Agreement to 7
transport, store, and deliver Navajo Nation 8
Upper Basin Colorado River Water. 9
(2) N
AVAJO NATION UPPER BASIN COLORADO 10
RIVER WATER; HOPI TRIBE UPPER BASIN COLORADO 11
RIVER WATER.—Navajo Nation Upper Basin Colo-12
rado River Water or Hopi Tribe Upper Basin Colo-13
rado River Water that enters the Lower Basin at 14
Lee Ferry shall— 15
(A) retain its character as Navajo Nation 16
Upper Basin Colorado River Water or Hopi 17
Tribe Upper Basin Colorado River Water; and 18
(B) be accounted for separately by the Sec-19
retary in a manner such that the Navajo Na-20
tion Upper Basin Colorado River Water or the 21
Hopi Tribe Upper Basin Colorado River Water 22
is not subject to paragraphs II(A) and II(B) of 23
the Decree. 24
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(3) SAN JUAN RIVER.—Navajo Nation Upper 1
Basin Colorado River Water that enters the San 2
Juan River and the dams and works described in 3
subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settle-4
ment Agreement shall retain its character as Navajo 5
Nation Upper Basin Colorado River Water, but if 6
Navajo Nation Upper Basin Colorado River Water 7
spills from dams on the San Juan River described 8
in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Set-9
tlement Agreement, that water shall become part of 10
the San Juan River system. 11
(k) A
CQUISITIONS OFENERGY.—Power needed to de-12
liver water to the Navajo Nation, the Hopi Tribe, or the 13
San Juan Southern Paiute Tribe for projects constructed 14
by the Tribes pursuant to the Settlement Agreement and 15
this Act shall be acquired by the Tribes. 16
(l) R
EPORTING BY NAVAJONATION AND HOPI 17
T
RIBE.— 18
(1) N
AVAJO NATION.— 19
(A) I
N GENERAL.—Beginning on March 1 20
of the first year following the year in which the 21
Enforceability Date occurs, and on March 1 of 22
each year thereafter, the Navajo Nation shall 23
submit to the Arizona Department of Water 24
Resources a report describing— 25
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(i) the annual diversion amount, 1
points of diversion, and places of Use of 2
Navajo Nation Upper Basin Colorado 3
River Water; 4
(ii) the annual diversion amount, 5
points of diversion, and places of Use of 6
Navajo Nation Cibola Water; 7
(iii) the annual diversion amount, 8
point of diversion, and places of Use of 9
Navajo Nation Fourth Priority Water; 10
(iv) the location and annual amount 11
of any Off-Reservation storage of Navajo 12
Nation Upper Basin Colorado River 13
Water, Navajo Nation Cibola Water, and 14
Navajo Nation Fourth Priority Water; 15
(v) the amount of any Off-Reservation 16
exchange involving Navajo Nation Upper 17
Basin Colorado River Water, Navajo Na-18
tion Cibola Water, and Navajo Nation 19
Fourth Priority Water; and 20
(vi) the location and annual amount 21
of Navajo Nation Upper Basin Colorado 22
River Water, Navajo Nation Cibola Water, 23
and Navajo Nation Fourth Priority Water 24
leased Off-Reservation. 25
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(B) MEASUREMENT OF DIVERTED 1
WATER.— 2
(i) I
N GENERAL.—In order to accu-3
rately measure the flow of water diverted 4
in the Upper Basin for Use by the Navajo 5
Nation in the State, the Navajo Nation 6
shall install suitable measuring devices at 7
or near each point of diversion of Navajo 8
Nation Upper Basin Colorado River 9
Water, Navajo Nation Cibola Water, and 10
Navajo Nation Fourth Priority Water from 11
the Colorado River’s mainstem in the 12
Upper Basin and the San Juan River in 13
the Upper Basin. 14
(ii) N
OTIFICATION.—The Navajo Na-15
tion shall notify the Arizona Department 16
of Water Resources, in writing, of any an-17
nual reporting conflicts between the Bu-18
reau, the Navajo Nation, or the Upper Col-19
orado River Commission prior to the com-20
pletion by the Bureau of the annual ‘‘Colo-21
rado River Accounting and Water Use Re-22
port for the Lower Basin’’. 23
(2) H
OPI TRIBE.— 24
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(A) IN GENERAL.—Beginning on March 1 1
of the first year following the year in which the 2
Enforceability Date occurs, and on March 1 of 3
each year thereafter, the Hopi Tribe shall sub-4
mit to the Arizona Department of Water Re-5
sources a report describing— 6
(i) the annual diversion amount, 7
points of diversion, and places of Use of 8
Hopi Tribe Upper Basin Colorado River 9
Water; 10
(ii) the annual diversion amount, 11
points of diversion, and places of Use of 12
Hopi Tribe Cibola Water; 13
(iii) the location and annual amount 14
of any Off-Reservation storage of Hopi 15
Tribe Upper Basin Colorado River Water 16
and Hopi Tribe Cibola Water; 17
(iv) the amount of any Off-Reserva-18
tion exchange involving Hopi Tribe Upper 19
Basin Colorado River Water or Hopi Tribe 20
Cibola Water; and 21
(v) the location and annual amount of 22
Hopi Tribe Upper Basin Colorado River 23
Water and Hopi Tribe Cibola Water leased 24
Off-Reservation. 25
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(B) MEASUREMENT OF DIVERTED 1
WATER.— 2
(i) I
N GENERAL.—In order to accu-3
rately measure the flow of water diverted 4
in the Upper Basin for Use by the Hopi 5
Tribe in the State, the Hopi Tribe shall in-6
stall suitable measuring devices at or near 7
each point of diversion of Hopi Tribe 8
Upper Basin Colorado River Water and 9
Hopi Tribe Cibola Water from the Colo-10
rado River’s mainstem in the Upper Basin. 11
(ii) N
OTIFICATION.—The Hopi Tribe 12
shall notify the Arizona Department of 13
Water Resources, in writing, of any annual 14
reporting conflicts between the Bureau, the 15
Hopi Tribe, or the Upper Colorado River 16
Commission prior to the completion by the 17
Bureau of the annual ‘‘Colorado River Ac-18
counting and Water Use Report for the 19
Lower Basin’’. 20
(m) U
PPERBASINPROTECTIONS; CONSULTA-21
TIONS.—In any formal consultation carried out pursuant 22
to section 7(a) of the Endangered Species Act of 1973 23
(16 U.S.C. 1536(a)) on or after the date of enactment 24
of this Act with respect to water development in the San 25
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Juan River Basin, the provisions of section 5 of the docu-1
ment entitled ‘‘Principles for Conducting Endangered 2
Species Act Formal Section 7 Consultations on Water De-3
velopment and Water Management Projects Affecting En-4
dangered Fish Species in the San Juan River Basin’’, in-5
cluding revisions to that document approved by the Co-6
ordination Committee, San Juan River Basin Recovery 7
Implementation Program, and dated August 2022 shall 8
apply. 9
SEC. 7. COLORADO RIVER WATER LEASES AND EX-10
CHANGES; USES. 11
(a) I
NGENERAL.—Subject to approval by the Sec-12
retary— 13
(1) except as prohibited in subsections 14
(g)(1)(F) and (h)(1)(E) of section 6, the Navajo Na-15
tion may enter into leases, or options to lease, or ex-16
changes, or options to exchange, Navajo Nation 17
Upper Basin Colorado River Water, Navajo Nation 18
Cibola Water, and Navajo Nation Fourth Priority 19
Water, for Use and storage in the State, in accord-20
ance with the Settlement Agreement and all applica-21
ble Federal and State laws governing the transfer of 22
Colorado River Water entitlements within the State; 23
and 24
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(2) the Hopi Tribe may enter into leases, or op-1
tions to lease, or exchanges, or options to exchange, 2
Hopi Tribe Upper Basin Colorado River Water and 3
Hopi Tribe Cibola Water for Use and storage in the 4
State, in accordance with the Settlement Agreement 5
and all applicable Federal and State laws governing 6
the transfer of Colorado River Water entitlements 7
within the State. 8
(b) T
ERMS OFLEASES ANDEXCHANGES.— 9
(1) O
N-RESERVATION LEASING.— 10
(A) I
N GENERAL.—The Navajo Nation 11
may lease the Navajo Nation Upper Basin Col-12
orado River Water, the Navajo Nation Cibola 13
Water, and the Navajo Nation Fourth Priority 14
Water for Use or storage on the Navajo Res-15
ervation and the Hopi Tribe may lease Hopi 16
Tribe Upper Basin Colorado River Water and 17
Hopi Tribe Cibola Water for Use or storage on 18
the Hopi Reservation. 19
(B) R
EQUIREMENTS.—A lease or option to 20
lease under subparagraph (A) shall be subject 21
to— 22
(i) the leasing regulations of the Nav-23
ajo Nation or Hopi Tribe, as applicable; 24
and 25
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(ii) subsections (a) and (e) of the first 1
section of the Act of August 9, 1955 (69 2
Stat. 539, chapter 615; 25 U.S.C. 415) 3
(commonly known as the ‘‘Long-Term 4
Leasing Act’’). 5
(2) E
XCHANGES AND OFF -RESERVATION LEAS-6
ING.— 7
(A) N
AVAJO NATION LEASING.— 8
(i) I
N GENERAL.—Subject to approval 9
by the Secretary for an Off-Reservation 10
lease, the Navajo Nation may lease— 11
(I) Navajo Nation Cibola Water 12
and Navajo Nation Fourth Priority 13
Water for Use or storage off of the 14
Navajo Reservation anywhere within 15
the Lower Basin within the State; and 16
(II) except as provided in sub-17
sections (g)(1)(F) and (h)(1)(E) of 18
section 6 and the NAIWRSA System 19
Conservation Program agreements de-20
scribed in subsection (c)(4)(C)(i)(II) 21
of that section, Navajo Nation Upper 22
Basin Colorado River Water anywhere 23
in the State in accordance with the 24
Settlement Agreement and all applica-25
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ble Federal and State laws governing 1
the transfer of Navajo Nation Upper 2
Basin Colorado River Water within 3
the State. 4
(ii) L
IMITATION.—No action by the 5
Navajo Nation under clause (i)(II) relating 6
to NAIWRSA System Conservation Pro-7
grams or leasing shall modify the obliga-8
tions of the Navajo Nation to deliver up to 9
350 AFY to the San Juan Southern Pai-10
ute Tribe pursuant to paragraph 6.3.1 of 11
the Settlement Agreement. 12
(B) H
OPI TRIBE LEASING.—Subject to ap-13
proval by the Secretary for an Off-Reservation 14
lease, the Hopi Tribe may lease— 15
(i) Hopi Tribe Cibola Water for Use 16
or storage off of the Hopi Reservation any-17
where within the Lower Basin within the 18
State; and 19
(ii) except as provided in the 20
NAIWRSA System Conservation Program 21
agreement described in section 22
6(c)(4)(C)(i)(II), Hopi Tribe Upper Basin 23
Colorado River Water for Use or storage 24
off of the Hopi Reservation anywhere in 25
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the State in accordance with the Settle-1
ment Agreement and all applicable Federal 2
and State laws governing the transfer of 3
Hopi Tribe Upper Basin Colorado River 4
Water within the State. 5
(C) T
ERM OF LEASES AND EXCHANGES .— 6
(i) L
EASES.— 7
(I) 100-
YEAR TERM.—A contract 8
to lease and an option to lease off of 9
the Reservation under subparagraph 10
(A)(i)(I) or (B)(i), as applicable, shall 11
be for a term not to exceed 100 years. 12
(II) 40-
YEAR TERM.—A contract 13
to lease and an option to lease off of 14
the Reservation under subparagraph 15
(A)(i)(II) or (B)(ii), as applicable, 16
shall be for a term not to exceed 40 17
years. 18
(ii) E
XCHANGES.—An exchange or op-19
tion to exchange shall be for the term pro-20
vided for in the exchange or option, as ap-21
plicable. 22
(D) L
EASE PERIOD.— 23
(i) N
O LIMITATIONS.—There shall be 24
no limitations on the Lease Period for— 25
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(I) Navajo Nation Cibola Water, 1
Navajo Nation Fourth Priority Water, 2
and Hopi Tribe Cibola Water that is 3
diverted from the Colorado River 4
downstream of Lee Ferry; and 5
(II) Navajo Nation Upper Basin 6
Colorado River Water and Hopi Tribe 7
Upper Basin Colorado River Water 8
leased for Use on the Navajo Reserva-9
tion and Hopi Reservation, as applica-10
ble. 11
(ii) O
THER LEASE PERIODS .—The 12
Navajo Nation and the Hopi Tribe are au-13
thorized to lease Navajo Nation Upper 14
Basin Colorado River Water and Hopi 15
Tribe Upper Basin Colorado River Water 16
in the Lower Basin in the State in accord-17
ance with the following: 18
(I) During the first 20 years 19
after the Enforceability Date, the 20
Navajo Nation may lease up to 21
16,214.55 AFY and the Hopi Tribe 22
may lease up to 835.45 AFY for an 23
annual cumulative total of 17,050 24
AFY in the Lower Basin. 25
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(II) Notwithstanding subclause 1
(I), retaining the annual cumulative 2
total of 17,050 AFY leased in the 3
Lower Basin, the ability of the Navajo 4
Nation to lease Navajo Nation Upper 5
Basin Colorado River Water shall be 6
increased by, and the ability of the 7
Hopi Tribe to lease Hopi Tribe Upper 8
Basin Colorado River Water shall be 9
reduced by, an amount equal to the 10
additional System Eligible Conserva-11
tion Water that the Navajo Nation de-12
livers to the Secretary in accordance 13
with section 6(c)(4)(C)(i)(III)(bb). 14
(III) Beginning 20 years after 15
the Enforceability Date, the Navajo 16
Nation and the Hopi Tribe may lease 17
its available Navajo Nation Upper 18
Basin Colorado River Water and Hopi 19
Tribe Upper Basin Colorado River 20
Water until such time as the iina´ba´ 21
– pa tuwaqat’si pipeline has been 22
completed and all the projects de-23
scribed in the Navajo Nation Water 24
Projects Trust Fund and the Hopi 25
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Tribe Groundwater Projects Trust 1
Fund, as the projects are further de-2
scribed in paragraphs 12.2.1 and 3
12.3.1 of the Settlement Agreement, 4
have been completed, as determined 5
by the Navajo Nation and the Hopi 6
Tribe. 7
(IV) Once all the projects de-8
scribed in subclause (III) have been 9
completed for their respective projects, 10
as determined by the Navajo Nation 11
and the Hopi Tribe, the Navajo Na-12
tion and the Hopi Tribe shall deter-13
mine whether revenues from leasing 14
are necessary to meet the OM&R 15
costs of— 16
(aa) the projects described 17
in paragraphs 12.2.1 and 12.3.1 18
of the Settlement Agreement; 19
and 20
(bb) the iina´ba´– pa 21
tuwaqat’si pipeline. 22
(V) If the Navajo Nation and the 23
Hopi Tribe continue to require reve-24
nues from leasing to meet the OM&R 25
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expenses described in subclause (IV), 1
the Navajo Nation and the Hopi 2
Tribe may continue to lease the Nav-3
ajo Nation Upper Basin Colorado 4
River Water and Hopi Tribe Upper 5
Basin Colorado River Water to meet 6
those OM&R expenses. 7
(iii) S
AVINGS PROVISION.—Nothing in 8
this subparagraph requires the early termi-9
nation of any lease entered into during the 10
Lease Period and authorized by this Act at 11
the time the lease was executed. 12
(3) R
EQUIREMENTS FOR ALL CONTRACTS TO 13
LEASE AND CONTRACTS TO EXCHANGE .—All con-14
tracts to lease or exchange Navajo Nation Upper 15
Basin Colorado River Water, Navajo Nation Cibola 16
Water, Navajo Nation Fourth Priority Water, Hopi 17
Tribe Upper Basin Colorado River Water, and Hopi 18
Tribe Cibola Water shall— 19
(A) identify the places of Use of the water, 20
the purpose of the Uses of the water during the 21
term of the contract, the mechanisms for deliv-22
ery of the water, and each point of diversion 23
under the contract; and 24
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(B) provide that the water received from 1
the Navajo Nation or the Hopi Tribe, as appli-2
cable, shall be used in accordance with applica-3
ble law. 4
(4) N
O CONFLICT WITH SETTLEMENT AGREE -5
MENT OR THIS ACT .—A contract to lease or ex-6
change Navajo Nation Upper Basin Colorado River 7
Water, Navajo Nation Cibola Water, Navajo Nation 8
Fourth Priority Water, Hopi Tribe Upper Basin 9
Colorado River Water, or Hopi Tribe Cibola Water 10
shall not conflict with the Settlement Agreement or 11
this Act. 12
(c) P
ROHIBITION ONPERMANENTALIENATION.—No 13
Navajo Nation Upper Basin Colorado River Water, Nav-14
ajo Nation Cibola Water, Navajo Nation Fourth Priority 15
Water, Hopi Tribe Upper Basin Colorado River Water, 16
or Hopi Tribe Cibola Water may be permanently alien-17
ated. 18
(d) E
NTITLEMENTTOLEASE ANDEXCHANGEMON-19
IES.— 20
(1) E
NTITLEMENT.—The Navajo Nation or the 21
Hopi Tribe, as applicable, shall be entitled to all 22
consideration due to the Navajo Nation or Hopi 23
Tribe under any lease, option to lease, exchange, or 24
option to exchange Navajo Nation Upper Basin Col-25
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orado River Water, Navajo Nation Cibola Water, 1
Navajo Nation Fourth Priority Water, Hopi Tribe 2
Upper Basin Colorado River Water, or Hopi Tribe 3
Cibola Water entered into by the Navajo Nation or 4
the Hopi Tribe. 5
(2) E
XCLUSION.—The United States shall not, 6
in any capacity, be entitled to the consideration de-7
scribed in paragraph (1). 8
(3) O
BLIGATION OF THE UNITED STATES .—The 9
United States shall not, in any capacity, have any 10
trust or other obligation to monitor, administer, or 11
account for, in any manner, any funds received by 12
the Navajo Nation or the Hopi Tribe as consider-13
ation under any lease, option to lease, exchange, or 14
option to exchange Navajo Nation Upper Basin Col-15
orado River Water, Navajo Nation Cibola Water, 16
Navajo Nation Fourth Priority Water, Hopi Tribe 17
Upper Basin Colorado River Water, and Hopi Tribe 18
Cibola Water entered into by the Navajo Nation or 19
the Hopi Tribe. 20
(e) D
ELIVERY OFCOLORADORIVERWATER TOLES-21
SEES.—All lessees of Navajo Nation Upper Basin Colo-22
rado River Water, Navajo Nation Cibola Water, Navajo 23
Nation Fourth Priority Water, Hopi Tribe Upper Basin 24
Colorado River Water, and Hopi Tribe Cibola Water shall 25
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pay all OM&R charges, all energy charges, and all other 1
applicable charges associated with the delivery of the 2
leased water. 3
(f) D
ELIVERY OF COLORADO RIVERWATER 4
T
HROUGH THECAP SYSTEM.— 5
(1) CAWCD
APPROVAL.—The Navajo Nation, 6
the Hopi Tribe, or any person who leases Navajo 7
Nation Upper Basin Colorado River Water, Navajo 8
Nation Cibola Water, Navajo Nation Fourth Priority 9
Water, Hopi Tribe Upper Basin Colorado River 10
Water, and Hopi Tribe Cibola Water under sub-11
section (a) may transport that Navajo Nation Upper 12
Basin Colorado River Water, Navajo Nation Cibola 13
Water, Navajo Nation Fourth Priority Water, Hopi 14
Tribe Upper Basin Colorado River Water, or Hopi 15
Tribe Cibola Water, as applicable, through the CAP 16
system in accordance with all laws of the United 17
States and the agreements between the United 18
States and CAWCD governing the use of the CAP 19
system to transport water other than CAP water, in-20
cluding payment of applicable charges. 21
(2) L
ESSEE RESPONSIBILITY FOR CHARGES .— 22
Any lease or option to lease providing for the tem-23
porary delivery of Navajo Nation Upper Basin Colo-24
rado River Water, Navajo Nation Cibola Water, 25
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Navajo Nation Fourth Priority Water, Hopi Tribe 1
Upper Basin Colorado River Water, and Hopi Tribe 2
Cibola Water through the CAP system shall require 3
the lessee to pay the CAP operating agency all CAP 4
fixed OM&R charges and all CAP pumping energy 5
charges associated with the delivery of the leased 6
water, and other applicable charges. 7
(3) N
O RESPONSIBILITY FOR PAYMENT .—The 8
Navajo Nation, the Hopi Tribe, and the United 9
States acting in any capacity shall not be responsible 10
for the payment of any charges associated with the 11
delivery of Colorado River Water leased to others. 12
(4) P
AYMENT IN ADVANCE .—No leased Navajo 13
Nation Upper Basin Colorado River Water, Navajo 14
Nation Cibola Water, Navajo Nation Fourth Priority 15
Water, Hopi Tribe Upper Basin Colorado River 16
Water, or Hopi Tribe Cibola Water shall be deliv-17
ered through the CAP system unless the CAP fixed 18
OM&R charges, the CAP pumping energy charges, 19
and other applicable charges associated with the de-20
livery of that Navajo Nation Upper Basin Colorado 21
River Water, Navajo Nation Cibola Water, Navajo 22
Nation Fourth Priority Water, Hopi Tribe Upper 23
Basin Colorado River Water, or Hopi Tribe Cibola 24
Water, as applicable, have been paid in advance. 25
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(5) CALCULATION.—The charges for delivery of 1
Navajo Nation Upper Basin Colorado River Water, 2
Navajo Nation Cibola Water, Navajo Nation Fourth 3
Priority Water, Hopi Tribe Upper Basin Colorado 4
River Water, and Hopi Tribe Cibola Water delivered 5
through the CAP system pursuant to a lease shall 6
be calculated in accordance with the agreements be-7
tween the United States and CAWCD governing the 8
use of the CAP system to transport water other 9
than CAP water. 10
SEC. 8. IINA
´
BA
´
– PAA TUWAQAT’SI PIPELINE. 11
(a) I
INA´BA´– PAATUWAQAT’SIPIPELINE.— 12
(1) P
LANNING, DESIGN, AND CONSTRUCTION OF 13
THE IINA´BA´– PAA TUWAQAT’SI PIPELINE.— 14
(A) I
N GENERAL.—The Secretary, acting 15
through the Commissioner of Reclamation, shall 16
plan, design, and construct the iina´ba´– paa 17
tuwaqat’si pipeline in accordance with subpara-18
graph (C), including all necessary power trans-19
mission facilities, power substations, power dis-20
tribution systems, and associated wheeling serv-21
ices to connect the facilities of the iina´ba´– paa 22
tuwaqat’si pipeline to new or existing high-volt-23
age transmission facilities and deliver power. 24
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(B) PROJECT CONSTRUCTION COM -1
MITTEE.— 2
(i) I
N GENERAL.—Prior to the start 3
of the feasibility study required under sub-4
paragraph (C)(ii), the Secretary shall form 5
a Project Construction Committee (re-6
ferred to in this subparagraph as the 7
‘‘Committee’’). 8
(ii) M
EMBERS.—The Committee shall 9
consist of representatives from the Bureau 10
and the Bureau of Indian Affairs and 11
members selected by each of the Navajo 12
Nation, the Hopi Tribe, and the San Juan 13
Southern Paiute Tribe for purposes of as-14
sisting the Secretary with planning, design-15
ing, and constructing the iina´ba´– paa 16
tuwaqat’si pipeline, including— 17
(I) to review cost factors and 18
budgets for construction and oper-19
ation and maintenance activities; 20
(II) to improve construction man-21
agement through enhanced commu-22
nication; and 23
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(III) to seek additional ways to 1
reduce overall iina´ba´– paa 2
tuwaqat’si pipeline costs. 3
(iii) D
ESIGN AND CONSTRUCTION 4
CONSULTATION.—The Secretary shall con-5
sult with the Committee during each 6
phase— 7
(I) of design described in sub-8
paragraph (C); and 9
(II) of construction of the iina´ba´ 10
– paa tuwaqat’si pipeline. 11
(iv) R
ECOMMENDATIONS .— 12
(I) I
N GENERAL.—At the sole 13
discretion of the Secretary, the Sec-14
retary may rely on recommendations 15
made by the Committee, subject to 16
the condition that the recommenda-17
tions are consistent with the design as 18
described in clauses (i) and (ii) of 19
subparagraph (C). 20
(II) H
OPI TRIBE.—To the extent 21
the Committee recommendations in-22
volve a portion of the iina´ba´– paa 23
tuwaqat’si pipeline to which the Hopi 24
Tribe will hold title after title transfer 25
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as described in paragraph (3)(B)(ii), 1
the Secretary shall give greater weight 2
to the recommendations of the rep-3
resentatives of the Hopi Tribe on the 4
Committee. 5
(III) N
AVAJO NATION.—To the 6
extent the Committee recommenda-7
tions involve a portion of the iina´ba´ 8
– paa tuwaqat’si pipeline to which the 9
Navajo Nation will hold title after 10
title transfer as described in para-11
graph (3)(B)(i), the Secretary shall 12
give greater weight to the rec-13
ommendations of the representatives 14
of the Navajo Nation on the Com-15
mittee. 16
(C) D
ESIGN.— 17
(i) I
N GENERAL.—Unless modified 18
pursuant to clauses (iii) and (iv), the iina´ 19
ba´– paa tuwaqat’si pipeline shall be sub-20
stantially configured as Alternative 5, Op-21
tion B-100 described in the report of the 22
Bureau entitled ‘‘Navajo-Hopi Value Plan-23
ning Study—Arizona’’ and dated October 24
2020. 25
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(ii) FEASIBILITY STUDY.—After the 1
date of enactment of this Act, the Bureau 2
shall complete a feasibility study of the 3
iina´ba´– paa tuwaqat’si pipeline substan-4
tially configured as Alternative 5, Option 5
B-100 described in the report of the Bu-6
reau entitled ‘‘Navajo-Hopi Value Planning 7
Study—Arizona’’ and dated October 2020, 8
which shall include feasibility-level design 9
and cost estimates and a construction 10
phasing plan. 11
(iii) V
ALUE PLANNING.— 12
(I) I
N GENERAL.—On completion 13
of the feasibility study described in 14
clause (ii), the Secretary shall consult 15
with the Navajo Nation and the Hopi 16
Tribe to determine whether to com-17
plete a value planning study of the 18
iina´ba´– paa tuwaqat’si pipeline to 19
identify and analyze potential lower- 20
cost modifications to substantially 21
meet the existing Alternative 5, Op-22
tion B-100 configuration described in 23
that clause. 24
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(II) VALUE PLANNING TEAM .—If 1
a value planning study is initiated 2
under subclause (I), a value planning 3
team shall include the Project Con-4
struction Committee formed pursuant 5
to subparagraph (B). 6
(III) C
ONSENSUS.— 7
(aa) I
N GENERAL.—To the 8
extent practicable, the Navajo 9
Nation, the Hopi Tribe, the San 10
Juan Southern Paiute Tribe, and 11
the Secretary shall strive for con-12
sensus on selection of a preferred 13
alternative for the Bureau to ini-14
tiate the final design process of 15
the iina´ba´– paa tuwaqat’si pipe-16
line. 17
(bb) D
ECISION BY SEC -18
RETARY.—If consensus cannot be 19
reached on a preferred alter-20
native under item (aa), the deci-21
sion for the preferred alternative 22
shall be made by the Secretary. 23
(iv) V
ALUE ENGINEERING AND DE -24
SIGN MODIFICATIONS.— 25
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(I) VALUE ENGINEERING.— 1
(aa) I
N GENERAL.—A value 2
engineering study based on 3
achieving the essential functions 4
at the lowest life cycle cost con-5
sistent with required perform-6
ance, reliability, quality, and 7
safety shall be completed in ac-8
cordance with Bureau Manual 9
Policy, Performing Designs and 10
Construction Activities (FAC 11
P03) for each phase of the iina´ 12
ba´– paa tuwaqat’si pipeline 13
project at the 30 percent design 14
stage. 15
(bb) V
ALUE ENGINEERING 16
TEAM.—A value engineering 17
team shall include the Project 18
Construction Committee formed 19
pursuant to subparagraph (B). 20
(II) P
RIOR TO 60 PERCENT DE -21
SIGN.— 22
(aa) I
N GENERAL.—At any 23
time prior to completion of 60 24
percent design for each phase of 25
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the iina´ba´– paa tuwaqat’si pipe-1
line project, the Navajo Nation 2
and the Hopi Tribe may request 3
modifications of the design de-4
scribed in this subparagraph, 5
subject to the condition that the 6
proposed design modifications are 7
approved by the Bureau. 8
(bb) D
EVIATION.—If a re-9
quested modification described in 10
item (aa) deviates from the de-11
sign criteria of the Bureau, the 12
modification shall be considered 13
in accordance with the provisions 14
of Bureau Manual Policy, Per-15
forming Designs and Construc-16
tion Activities (FAC P03). 17
(III) A
FTER COMPLETION OF 60 18
PERCENT DESIGN .—The design for 19
each phase of the iina´ba´– paa 20
tuwaqat’si pipeline project shall not be 21
modified further after review of the 22
60 percent design plan unless the 23
modification is made by the Secretary. 24
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(D) EXISTING COMPONENTS .—The iina´ba´ 1
– paa tuwaqat’si pipeline may include, at the 2
sole discretion of the Secretary after consulta-3
tion with the Navajo Nation or the Hopi Tribe, 4
components that have already been built or ac-5
quired by the Navajo Nation or the Hopi Tribe 6
as a contribution by the Navajo Nation or the 7
Hopi Tribe towards the cost of planning, de-8
signing, and constructing the iina´ba´– paa 9
tuwaqat’si pipeline. 10
(E) U
SE OF PIPELINE.—The iina´ba´– paa 11
tuwaqat’si pipeline shall deliver potable water 12
for domestic, commercial, municipal, and indus-13
trial Uses and be capable of delivering from 14
Lake Powell— 15
(i) up to 7,100 AFY of potable Colo-16
rado River Water to the Navajo Nation for 17
Use in delivering up to 6,750 AFY to serve 18
Navajo communities and up to 350 AFY 19
to serve the San Juan Southern Paiute 20
Southern Area; and 21
(ii) up to 3,076 AFY of potable Colo-22
rado River Water to the Hopi Tribe for 23
Use in delivering up to 3,076 AFY to serve 24
Hopi communities. 25
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(F) COMMENCEMENT OF CONSTRUC -1
TION.—The Secretary shall not begin construc-2
tion of the iina´ba´– paa tuwaqat’si pipeline 3
until— 4
(i) the design studies described in 5
subparagraph (C) and final design for the 6
first phase of the iina´ba´– paa tuwaqat’si 7
pipeline project are complete; 8
(ii) the Secretary, the Navajo Nation, 9
and the Hopi Tribe execute a Cost-Sharing 10
and System Integration Agreement that— 11
(I) based on the final design in 12
accordance with subparagraph (C), 13
describes the design, location, capac-14
ity, and management of operations of 15
the iina´ba´– paa tuwaqat’si pipeline, 16
including distribution of water to cus-17
tomers; 18
(II) describes the process for ac-19
quisition of rights-of-way for the iina´ 20
ba´– paa tuwaqat’si pipeline described 21
in subsection (b); 22
(III) allocates the costs of the 23
iina´ba´– paa tuwaqat’si pipeline, tak-24
ing into consideration— 25
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(aa) cost of planning, de-1
sign, and construction; 2
(bb) cost of the operation, 3
maintenance, and repair of the 4
iina´ba´– paa tuwaqat’si pipeline 5
before title transfer to the Nav-6
ajo Nation or the Hopi Tribe 7
pursuant to paragraph (3); and 8
(cc) how existing compo-9
nents will be considered as con-10
tributions by the Navajo Nation 11
or Hopi Tribe as described in 12
subparagraph (D); and 13
(IV) describes construction phas-14
ing, including transfer of operations 15
and maintenance for such phasing, as 16
agreed to by the Secretary, the Nav-17
ajo Nation, and the Hopi Tribe, with 18
the Secretary deciding on phasing if 19
an agreement is not reached; and 20
(iii) environmental compliance as de-21
scribed in section 4(c) is complete for the 22
iina´ba´– paa tuwaqat’si pipeline. 23
(2) P
HASED TRANSFER OF OPERATIONS & 24
MAINTENANCE.— 25
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(A) IN GENERAL.— 1
(i) I
N GENERAL.—On completion of 2
construction of a phase of the iina´ba´– 3
paa tuwaqat’si pipeline, as described in the 4
Cost-Sharing and System Integration 5
Agreement described in paragraph 6
(1)(F)(ii) and on a finding of substantial 7
completion of the phase, the Secretary may 8
transfer operations and maintenance re-9
sponsibility for the phase to the appro-10
priate entity. 11
(ii) C
ONTRACT.—The Secretary shall 12
enter into an operations and maintenance 13
contract consistent with this Act and Bu-14
reau policy for the purposes of compliance 15
with clause (i). 16
(iii) T
ITLE TRANSFER.—Title to a 17
phase of the iina´ba´– paa tuwaqat’si pipe-18
line shall not transfer until substantial 19
completion of the entire iina´ba´– paa 20
tuwaqat’si pipeline in accordance with 21
paragraph (3)(B). 22
(B) P
HASED FINDINGS OF SUBSTANTIAL 23
COMPLETION.—For purposes of this paragraph, 24
substantial completion of each phase of the iina´ 25
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ba´– paa tuwaqat’si pipeline shall be determined 1
in accordance with Bureau Manual Policy, Per-2
forming Designs and Construction Activities 3
(FAC P03). 4
(3) O
WNERSHIP.— 5
(A) I
N GENERAL.—The iina´ba´– paa 6
tuwaqat’si pipeline shall be owned by the 7
United States during construction of the iina´ba´ 8
– paa tuwaqat’si pipeline. 9
(B) T
RANSFER OF OWNERSHIP .—On sub-10
stantial completion of the iina´ba´– paa 11
tuwaqat’si pipeline, in accordance with para-12
graph (4), the Secretary shall— 13
(i) transfer title to the applicable sec-14
tion of the iina´ba´– paa tuwaqat’si pipe-15
line on the Navajo Reservation, except that 16
section that lies on the Navajo Reservation 17
between Moenkopi and the boundary of the 18
1882 Reservation, to the Navajo Nation; 19
and 20
(ii) transfer title to the applicable sec-21
tion of the iina´ba´– paa tuwaqat’si pipe-22
line on the Hopi Reservation, and the sec-23
tion of the iina´ba´– paa tuwaqat’si pipe-24
line that lies on the Navajo Reservation be-25
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tween Moenkopi and the boundary of the 1
1882 Reservation and the right-of-way for 2
that section of the iina´ba´– paa tuwaqat’si 3
pipeline, to the Hopi Tribe. 4
(4) S
UBSTANTIAL COMPLETION .— 5
(A) I
N GENERAL.—For purposes of para-6
graph (3)(B), the Secretary shall determine 7
that the iina´ba´– paa tuwaqat’si pipeline is 8
substantially complete if— 9
(i) the infrastructure constructed is 10
capable of storing, diverting, treating, 11
transmitting, and distributing a supply of 12
water to the Navajo Nation, the Hopi 13
Tribe, and the San Juan Southern Paiute 14
Southern Area as described in the iina´ba´ 15
– paa tuwaqat’si pipeline design described 16
in paragraph (1)(C); or 17
(ii) the Secretary— 18
(I) diligently proceeds to com-19
plete the final design and construct 20
the iina´ba´– paa tuwaqat’si pipe-21
line— 22
(aa) by the deadline de-23
scribed in subparagraph (B); or 24
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(bb) if the deadline de-1
scribed in subparagraph (B) is 2
extended pursuant to subpara-3
graph (C), by the extended dead-4
line; 5
(II) expends all of the available 6
funding provided to construct the iina´ 7
ba´– paa tuwaqat’si pipeline under 8
section 13(a) and any funding pro-9
vided by the Navajo Nation or Hopi 10
Tribe pursuant to sections 10(j) and 11
11(j); and 12
(III) despite diligent efforts can-13
not complete construction of the iina´ 14
ba´– paa tuwaqat’si pipeline in ac-15
cordance with paragraph (1)(C) due 16
solely to the lack of authorized fund-17
ing. 18
(B) D
EADLINE.—Not later than December 19
31, 2040, the construction of the iina´ba´– paa 20
tuwaqat’si pipeline in accordance with para-21
graph (1)(C) shall be substantially completed, 22
in accordance with subparagraph (A). 23
(C) E
XTENSION.—The deadline described 24
in subparagraph (B) may be extended through 25
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written agreement if the Navajo Nation, Hopi 1
Tribe, and the Secretary agree than an exten-2
sion is reasonably necessary. 3
(5) L
IABILITY.— 4
(A) I
N GENERAL.—Effective on the date of 5
the transfer of ownership of the iina´ba´– paa 6
tuwaqat’si pipeline pursuant to paragraph 7
(3)(B), the United States shall not be held lia-8
ble by any court for damages of any kind aris-9
ing out of any act, omission, or occurrence re-10
lating to the land, buildings, or facilities con-11
veyed under this subsection, other than dam-12
ages caused by acts of negligence committed by 13
the United States, or by employees or agents of 14
the United States, prior to the date of convey-15
ance. 16
(B) S
AVINGS PROVISION.—Nothing in this 17
section increases the liability of the United 18
States beyond the liability provided in chapter 19
171 of title 28, United States Code (commonly 20
known as the ‘‘Federal Tort Claims Act’’). 21
(6) O
PERATION.— 22
(A) P
ROJECT OPERATIONS GENERALLY .— 23
(i) N
AVAJO NATION OPERATION .—The 24
Navajo Nation shall operate the section of 25
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the iina´ba´– paa tuwaqat’si pipeline that 1
delivers water to the Navajo communities, 2
other than Coal Mine Mesa, and that may 3
deliver water through the iina´ba´– paa 4
tuwaqat’si pipeline to the San Juan South-5
ern Paiute Tribe. 6
(ii) H
OPI TRIBE OPERATION .—The 7
Hopi Tribe shall operate the section of the 8
iina´ba´– paa tuwaqat’si pipeline that de-9
livers water to Moenkopi, the 1882 Res-10
ervation, and the Navajo community of 11
Coal Mine Mesa. 12
(B) P
ROJECT OPERATION COMMITTEE .— 13
Prior to the start of the first construction phase 14
of the iina´ba´– paa tuwaqat’si pipeline, the 15
Secretary shall form a Project Operation Com-16
mittee consisting of members selected by each 17
of the Navajo Nation and the Hopi Tribe to de-18
velop a project operations agreement to be exe-19
cuted by the Navajo Nation and the Hopi 20
Tribe, after review by the Secretary, prior to 21
the transfer of operations and maintenance of 22
any phase of the iina´ba´– paa tuwaqat’si pipe-23
line in accordance with paragraph (2). 24
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(C) PROJECT OPERATIONS AGREEMENT .— 1
The project operations agreement referred to in 2
subparagraph (B) shall describe all terms and 3
conditions necessary for long-term operations of 4
the iina´ba´– paa tuwaqat’si pipeline, consistent 5
with subparagraph (A), including— 6
(i) distribution of water; 7
(ii) responsibility for maintenance of 8
the iina´ba´– paa tuwaqat’si pipeline or 9
section of the iina´ba´– paa tuwaqat’si 10
pipeline; 11
(iii) the allocation and payment of an-12
nual OM&R costs of the iina´ba´– paa 13
tuwaqat’si pipeline or section of the iina´ba´ 14
– paa tuwaqat’si pipeline based on the pro-15
portionate uses and ownership of the iina´ 16
ba´– paa tuwaqat’si pipeline; 17
(iv) the process for transfer of oper-18
ations and maintenance of a phase of the 19
iina´ba´– paa tuwaqat’si pipeline in accord-20
ance with paragraph (2); and 21
(v) a right to sue in a district court 22
of the United States to enforce the project 23
operations agreement. 24
(b) T
RIBALEASEMENTS ANDRIGHTS-OF-WAY.— 25
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(1) RIGHTS-OF-WAY.— 1
(A) I
N GENERAL.—In partial consideration 2
for the funding provided under section 13, the 3
Navajo Nation, the Hopi Tribe, and the San 4
Juan Southern Paiute Tribe shall each timely 5
consent to the grant of rights-of-way as de-6
scribed in, and in accordance with, subpara-7
graphs 12.5.1, 12.5.2, and 12.5.3 of the Settle-8
ment Agreement. 9
(B) N
O COST TO THE UNITED STATES .— 10
Rights-of-way described in subparagraph (A) 11
shall be at no cost to the United States. 12
(2) L
EGAL DEVICES.—With the consent of each 13
affected Tribe, the Secretary may enter into legal 14
devices, other than rights-of-way, such as construc-15
tion corridors agreements, without cost to the 16
United States, when operating within the jurisdic-17
tion of the Navajo Nation, Hopi Tribe, or San Juan 18
Southern Paiute Tribe in furtherance of the plan-19
ning, design, and construction of the iina´ba´– paa 20
tuwaqat’si pipeline. 21
(3) A
UTHORIZATION AND GRANTING OF 22
RIGHTS-OF-WAY.—The Secretary shall grant the 23
rights-of-way consented to by the Tribes under para-24
graph (1). 25
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(c) APPLICABILITY OF THE INDIANSELF-DETER-1
MINATION ANDEDUCATIONASSISTANCEACT.—The In-2
dian Self-Determination and Education Assistance Act 3
(25 U.S.C. 5301 et seq.) shall not apply to the design, 4
construction, operation, maintenance, or replacement of 5
the iina´ba´– paa tuwaqat’si pipeline. 6
SEC. 9. IINA
´
BA
´
– PAA TUWAQAT’SI PIPELINE IMPLEMENTA-7
TION FUND ACCOUNT. 8
(a) E
STABLISHMENT.—The Secretary shall establish 9
a non-trust, interest-bearing account, to be known as the 10
‘‘iina´ba´– paa tuwaqat’si pipeline Implementation Fund 11
Account’’, to be managed and distributed by the Sec-12
retary, for use by the Secretary in carrying out this Act. 13
(b) D
EPOSITS.—The Secretary shall deposit in the 14
iina´ba´– paa tuwaqat’si pipeline Implementation Fund 15
Account the amounts made available pursuant to section 16
13(a)(1). 17
(c) U
SES.—The iina´ba´– paa tuwaqat’si pipeline Im-18
plementation Fund Account shall be used by the Secretary 19
to carry out section 8, including the acquisition of power. 20
(d) I
NTEREST.—In addition the amounts deposited in 21
the iina´ba´– paa tuwaqat’si pipeline Implementation 22
Fund Account under subsection (b), any investment earn-23
ings, including interest credited to amounts unexpended 24
in the iina´ba´– paa tuwaqat’si pipeline Implementation 25
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Fund Account, are authorized to be appropriated to be 1
used in accordance with the uses described in subsection 2
(c). 3
SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST 4
FUND. 5
(a) E
STABLISHMENT.—The Secretary shall establish 6
a trust fund for the Navajo Nation, to be known as the 7
‘‘Navajo Nation Water Settlement Trust Fund,’’ to be 8
managed, invested, and distributed by the Secretary and 9
to remain available until expended, withdrawn, or reverted 10
to the general fund of the Treasury, consisting of the 11
amounts deposited in the Navajo Nation Water Settlement 12
Trust Fund under subsection (c), together with any in-13
vestment earnings, including interest, earned on those 14
amounts, for the purpose of carrying out this Act. 15
(b) A
CCOUNTS.—The Secretary shall establish in the 16
Navajo Nation Water Settlement Trust Fund the fol-17
lowing accounts: 18
(1) The Navajo Nation Water Projects Trust 19
Fund Account. 20
(2) The Navajo Nation OM&R Trust Fund Ac-21
count. 22
(3) The Navajo Nation Agricultural Conserva-23
tion Trust Fund Account. 24
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(4) The Navajo Nation Renewable Energy 1
Trust Fund Account. 2
(5) The Navajo Nation Lower Basin Colorado 3
River Water Acquisition Trust Fund Account. 4
(6) The Navajo Nation System Conservation 5
Trust Fund Account. 6
(c) D
EPOSITS.—The Secretary shall deposit— 7
(1) in the Navajo Nation Water Projects Trust 8
Fund Account, the amounts made available pursuant 9
to subparagraph (A)(i) of section 13(b)(3); 10
(2) in the Navajo Nation OM&R Trust Fund 11
Account, the amounts made available pursuant to 12
subparagraph (A)(ii) of that section; 13
(3) in the Navajo Nation Agricultural Con-14
servation Trust Fund Account, the amounts made 15
available pursuant to subparagraph (A)(iii) of that 16
section; 17
(4) in the Navajo Nation Renewable Energy 18
Trust Fund Account, the amounts made available 19
pursuant to subparagraph (A)(iv) of that section; 20
(5) in the Navajo Nation Lower Basin Colorado 21
River Water Acquisition Trust Fund Account, the 22
amounts made available pursuant to subparagraph 23
(A)(v) of that section; and 24
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(6) in the Navajo Nation System Conservation 1
Trust Fund Account, the amounts made available 2
pursuant to subparagraph (A)(vi) of that section. 3
(d) M
ANAGEMENT AND INTEREST.— 4
(1) M
ANAGEMENT.—On receipt and deposit of 5
the funds into the accounts in the Navajo Nation 6
Water Settlement Trust Fund Accounts pursuant to 7
subsection (c), the Secretary shall manage, invest, 8
and distribute all amounts in the Navajo Nation 9
Water Settlement Trust Fund in a manner that is 10
consistent with the investment authority of the Sec-11
retary under— 12
(A) the first section of the Act of June 24, 13
1938 (25 U.S.C. 162a); 14
(B) the American Indian Trust Fund Man-15
agement Reform Act of 1994 (25 U.S.C. 4001 16
et seq.); and 17
(C) this subsection. 18
(2) I
NVESTMENT EARNINGS .—In addition to 19
the deposits made to the Navajo Nation Water Set-20
tlement Trust Fund under subsection (c), any in-21
vestment earnings, including interest, credited to 22
amounts held in the Navajo Nation Water Settle-23
ment Trust Fund are authorized to be appropriated 24
to be used in accordance with subsection (f). 25
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(e) WITHDRAWALS.— 1
(1) A
MERICAN INDIAN TRUST FUND MANAGE -2
MENT REFORM ACT OF 1994 .— 3
(A) I
N GENERAL.—The Navajo Nation 4
may withdraw any portion of the amounts in 5
the Navajo Nation Water Settlement Trust 6
Fund on approval by the Secretary of a Tribal 7
management plan submitted by the Navajo Na-8
tion in accordance with the American Indian 9
Trust Fund Management Reform Act of 1994 10
(25 U.S.C. 4001 et seq.). 11
(B) R
EQUIREMENTS.—In addition to the 12
requirements under the American Indian Trust 13
Fund Management Reform Act of 1994 (25 14
U.S.C. 4001 et seq.), the Tribal management 15
plan under this paragraph shall require that the 16
Navajo Nation spend all amounts withdrawn 17
from the Navajo Nation Water Settlement 18
Trust Fund, and any investment earnings ac-19
crued through the investments under the Tribal 20
management plan, in accordance with this Act. 21
(C) E
NFORCEMENT.—The Secretary may 22
carry out such judicial and administrative ac-23
tions as the Secretary determines to be nec-24
essary— 25
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(i) to enforce a Tribal management 1
plan; and 2
(ii) to ensure that amounts withdrawn 3
from the Navajo Nation Water Settlement 4
Trust Fund by the Navajo Nation under 5
this paragraph are used in accordance with 6
this Act. 7
(2) E
XPENDITURE PLAN.— 8
(A) I
N GENERAL.—The Navajo Nation 9
may submit to the Secretary a request to with-10
draw funds from the Navajo Nation Water Set-11
tlement Trust Fund pursuant to an approved 12
expenditure plan. 13
(B) R
EQUIREMENTS.—To be eligible to 14
withdraw funds under an expenditure plan 15
under this paragraph, the Navajo Nation shall 16
submit to the Secretary for approval an expend-17
iture plan for any portion of the Navajo Nation 18
Water Settlement Trust Fund that the Navajo 19
Nation elects to withdraw pursuant to this 20
paragraph, subject to the condition that the 21
funds shall be used for the purposes described 22
in this Act. 23
(C) I
NCLUSIONS.—An expenditure plan 24
under this paragraph shall include a description 25
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of the manner and purpose for which the 1
amounts proposed to be withdrawn from the 2
Navajo Nation Water Settlement Trust Fund 3
Accounts will be used by the Navajo Nation in 4
accordance with subsection (f). 5
(D) A
PPROVAL.—On receipt of an expendi-6
ture plan under this paragraph, the Secretary 7
shall approve the expenditure plan if the Sec-8
retary determines that the expenditure plan— 9
(i) is reasonable; and 10
(ii) is consistent with, and will be used 11
for, the purposes of this Act. 12
(E) E
NFORCEMENT.—The Secretary may 13
carry out such judicial and administrative ac-14
tions as the Secretary determines to be nec-15
essary to enforce an expenditure plan under 16
this paragraph to ensure that amounts dis-17
bursed under this paragraph are used in ac-18
cordance with this Act. 19
(f) U
SES.—Amounts from the Navajo Nation Water 20
Settlement Trust Fund shall be used by the Navajo Na-21
tion for the following purposes: 22
(1) N
AVAJO NATION WATER PROJECTS TRUST 23
FUND ACCOUNT.—Amounts in the Navajo Nation 24
Water Projects Trust Fund Account may only be 25
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used for the purpose of environmental compliance, 1
planning, engineering activities, and construction of 2
projects designed to deliver potable water to commu-3
nities, such as Leupp, Dilkon, Ganado, Black Mesa, 4
Sweetwater, Chinle, Lupton/Nahata Dziil Area, 5
Kayenta, and Oljato. 6
(2) N
AVAJO NATION OM&R TRUST FUND AC -7
COUNT.—Amounts in the Navajo Nation OM&R 8
Trust Fund Account may only be used to pay 9
OM&R costs of the Navajo Water projects described 10
in paragraph (1) and the iina´ba´– paa tuwaqat’si 11
pipeline project. 12
(3) N
AVAJO NATION AGRICULTURAL CONSERVA -13
TION TRUST FUND ACCOUNT .— 14
(A) I
N GENERAL.—Subject to subpara-15
graph (B), amounts in the Navajo Nation Agri-16
cultural Conservation Trust Fund Account may 17
only be used to pay the costs of improvements 18
to reduce water shortages on the historically ir-19
rigated land of the Navajo Nation, including 20
sprinklers, drip or other efficient irrigation sys-21
tems, land leveling, wells, pipelines, pumps and 22
storage, stream bank stabilization and restora-23
tion, pasture seeding and management, fencing, 24
wind breaks, and alluvial wells. 25
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(B) LIMITATION.—Not more than half of 1
the amounts in the Navajo Nation Agricultural 2
Conservation Trust Fund Account may be used 3
for replacement and development of livestock 4
wells and impoundments on the Navajo Res-5
ervation and Navajo Trust Land. 6
(4) N
AVAJO NATION RENEWABLE ENERGY 7
TRUST FUND ACCOUNT .—Amounts in the Navajo 8
Nation Renewable Energy Trust Fund Account may 9
only be used to pay the cost of planning, designing, 10
and constructing renewable energy facilities to sup-11
port the costs of operating the Navajo Nation Water 12
projects and the iina´ba´– paa tuwaqat’si pipeline. 13
(5) N
AVAJO NATION LOWER BASIN COLORADO 14
RIVER WATER ACQUISITION TRUST FUND AC -15
COUNT.—Amounts in the Navajo Nation Lower 16
Basin Colorado River Water Acquisition Trust Fund 17
Account may only be used to purchase land within 18
the State and associated Arizona Lower Basin Colo-19
rado River Water Rights. 20
(6) N
AVAJO NATION SYSTEM CONSERVATION 21
TRUST FUND ACCOUNT .—Amounts in the Navajo 22
Nation System Conservation Trust Fund Account 23
may only be used to compensate the Navajo Nation 24
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for the storage of System Conservation Eligible 1
Water at Lake Powell. 2
(g) L
IABILITY.—The Secretary and the Secretary of 3
the Treasury shall not be liable for the expenditure or in-4
vestment of any amounts withdrawn from the Navajo Na-5
tion Water Settlement Trust Fund by the Navajo Nation 6
pursuant to subsection (e). 7
(h) T
ITLE TOINFRASTRUCTURE.—Title to, control 8
over, and operation of any project constructed using funds 9
from the Navajo Nation Water Settlement Trust Fund 10
shall remain in the Navajo Nation. 11
(i) A
CCOUNTTRANSFERS.—If the activities described 12
in any of paragraphs (1) through (6) of subsection (f) are 13
complete and amounts remain in the applicable Trust 14
Fund Account described in those paragraphs, the Sec-15
retary, at the request of the Navajo Nation, shall transfer 16
the remaining amounts to one of the other accounts within 17
the Navajo Nation Water Settlement Trust Fund. 18
(j) C
ONTRIBUTIONS TO THE IINA´BA´– P AA 19
T
UWAQAT’SIPIPELINE.— 20
(1) I
N GENERAL.—On written notification from 21
the Secretary that the iina´ba´– paa tuwaqat’si Im-22
plementation Fund Account is insufficient and addi-23
tional funds are necessary to complete the iina´ba´– 24
paa tuwaqat’si pipeline in accordance with section 8, 25
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the Navajo Nation shall submit to the Secretary an 1
expenditure plan for the transfer of funds from Nav-2
ajo Nation Water Settlement Trust Fund to the iina´ 3
ba´– paa tuwaqat’si pipeline Implementation Fund 4
Account. 5
(2) P
ROPORTIONATE SHARE .—The cost share 6
of the Navajo Nation for supplemental funding shall 7
be based on the allocation of the iina´ba´– paa 8
tuwaqat’si pipeline costs agreed on in the Cost-Shar-9
ing and System Integration Agreement for the iina´ 10
ba´– paa tuwaqat’si pipeline described in section 11
8(a)(1)(F)(ii). 12
(k) A
NNUALREPORT.—The Navajo Nation shall sub-13
mit to the Secretary an annual expenditure report describ-14
ing accomplishments and amounts spent from use of with-15
drawals under a Tribal management plan approved under 16
paragraph (1) of subsection (e) or an expenditure plan ap-17
proved under paragraph (2) of that subsection. 18
(l) N
OPERCAPITAPAYMENTS.—No principal or in-19
terest amount in any account established by this section 20
shall be distributed to any Member of the Navajo Nation 21
on a per capita basis. 22
(m) E
FFECT.—Nothing in this section entitles the 23
Navajo Nation to judicial review of a determination of the 24
Secretary relating to whether to approve a Tribal manage-25
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ment plan under paragraph (1) of subsection (e) or an 1
expenditure plan under paragraph (2) of that subsection, 2
or to take enforcement actions under paragraph (1)(C) or 3
(2)(E) of that subsection, except as provided under sub-4
chapter II of chapter 5, and chapter 7, of title 5, United 5
States Code (commonly known as the ‘‘Administrative 6
Procedure Act’’). 7
SEC. 11. HOPI TRIBE WATER SETTLEMENT TRUST FUND. 8
(a) E
STABLISHMENT.—The Secretary shall establish 9
a trust fund for the Hopi Tribe, to be known as the ‘‘Hopi 10
Tribe Water Settlement Trust Fund’’, to be managed, in-11
vested, and distributed by the Secretary and to remain 12
available until expended, withdrawn, or reverted to the 13
general fund of the Treasury, consisting of the amounts 14
deposited in the Hopi Tribe Water Settlement Trust Fund 15
under subsection (c), together with any investment earn-16
ings, including interest, earned on those amounts, for the 17
purpose of carrying out this Act. 18
(b) A
CCOUNTS.—The Secretary shall establish in the 19
Hopi Tribe Water Settlement Trust Fund the following 20
accounts: 21
(1) The Hopi Tribe Groundwater Projects 22
Trust Fund Account. 23
(2) The Hopi Tribe OM&R Trust Fund Ac-24
count. 25
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(3) The Hopi Tribe Agricultural Conservation 1
Trust Fund Account. 2
(4) The Hopi Tribe Lower Basin Colorado 3
River Water Acquisition Trust Fund Account. 4
(5) The Hopi Tribe System Conservation Trust 5
Fund Account. 6
(c) D
EPOSITS.—The Secretary shall deposit— 7
(1) in the Hopi Tribe Groundwater Projects 8
Trust Fund Account, the amounts made available 9
pursuant to subparagraph (B)(i) of section 13(b)(3); 10
(2) in the Hopi Tribe OM&R Trust Fund Ac-11
count, the amounts made available pursuant to sub-12
paragraph (B)(ii) of that section; 13
(3) in the Hopi Tribe Agricultural Conservation 14
Trust Fund Account, the amounts made available 15
pursuant to subparagraph (B)(iii) of that section; 16
(4) in the Hopi Tribe Lower Basin Colorado 17
River Water Acquisition Trust Fund Account, the 18
amounts made available pursuant to subparagraph 19
(B)(iv) of that section; and 20
(5) in the Hopi Tribe System Conservation 21
Trust Fund Account, the amounts made available 22
pursuant to subparagraph (B)(v) of that section. 23
(d) M
ANAGEMENT AND INTEREST.— 24
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(1) MANAGEMENT.—On receipt and deposit of 1
the funds into the accounts in the Hopi Tribe Water 2
Settlement Trust Fund Accounts pursuant to sub-3
section (c), the Secretary shall manage, invest, and 4
distribute all amounts in the Hopi Tribe Water Set-5
tlement Trust Fund in a manner that is consistent 6
with the investment authority of the Secretary 7
under— 8
(A) the first section of the Act of June 24, 9
1938 (25 U.S.C. 162a); 10
(B) the American Indian Trust Fund Man-11
agement Reform Act of 1994 (25 U.S.C. 4001 12
et seq.); and 13
(C) this subsection. 14
(2) I
NVESTMENT EARNINGS .—In addition to 15
the deposits made to the Hopi Tribe Water Settle-16
ment Trust Fund under subsection (c), any invest-17
ment earnings, including interest, credited to 18
amounts held in the Hopi Tribe Water Settlement 19
Trust Fund are authorized to be appropriated to be 20
used in accordance with subsection (f). 21
(e) W
ITHDRAWALS.— 22
(1) A
MERICAN INDIAN TRUST FUND MANAGE -23
MENT REFORM ACT OF 1994 .— 24
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(A) IN GENERAL.—The Hopi Tribe may 1
withdraw any portion of the amounts in the 2
Hopi Tribe Water Settlement Trust Fund on 3
approval by the Secretary of a Tribal manage-4
ment plan submitted by the Hopi Tribe in ac-5
cordance with the American Indian Trust Fund 6
Management Reform Act of 1994 (25 U.S.C. 7
4001 et seq.). 8
(B) R
EQUIREMENTS.—In addition to the 9
requirements under the American Indian Trust 10
Fund Management Reform Act of 1994 (25 11
U.S.C. 4001 et seq.), the Tribal management 12
plan under this paragraph shall require that the 13
Hopi Tribe spend all amounts withdrawn from 14
the Hopi Tribe Water Settlement Trust Fund, 15
and any investment earnings accrued through 16
the investments under the Tribal management 17
plan, in accordance with this Act. 18
(C) E
NFORCEMENT.—The Secretary may 19
carry out such judicial and administrative ac-20
tions as the Secretary determines to be nec-21
essary— 22
(i) to enforce a Tribal management 23
plan; and 24
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(ii) to ensure that amounts withdrawn 1
from the Hopi Tribe Water Settlement 2
Trust Fund by the Hopi Tribe under this 3
paragraph are used in accordance with this 4
Act. 5
(2) E
XPENDITURE PLAN.— 6
(A) I
N GENERAL.—The Hopi Tribe may 7
submit to the Secretary a request to withdraw 8
funds from the Hopi Tribe Water Settlement 9
Trust Fund pursuant to an approved expendi-10
ture plan. 11
(B) R
EQUIREMENTS.—To be eligible to 12
withdraw funds under an expenditure plan 13
under this paragraph, the Hopi Tribe shall sub-14
mit to the Secretary for approval an expendi-15
ture plan for any portion of the Hopi Tribe 16
Water Settlement Trust Fund that the Hopi 17
Tribe elects to withdraw pursuant to this para-18
graph, subject to the condition that the funds 19
shall be used for the purposes described in this 20
Act. 21
(C) I
NCLUSIONS.—An expenditure plan 22
under this paragraph shall include a description 23
of the manner and purpose for which the 24
amounts proposed to be withdrawn from the 25
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Hopi Tribe Water Settlement Trust Fund Ac-1
counts will be used by the Hopi Tribe in ac-2
cordance with subsection (f). 3
(D) A
PPROVAL.—On receipt of an expendi-4
ture plan under this paragraph, the Secretary 5
shall approve the expenditure plan if the Sec-6
retary determines that the expenditure plan— 7
(i) is reasonable; and 8
(ii) is consistent with, and will be used 9
for, the purposes of this Act. 10
(E) E
NFORCEMENT.—The Secretary may 11
carry out such judicial and administrative ac-12
tions as the Secretary determines to be nec-13
essary to enforce an expenditure plan under 14
this paragraph to ensure that amounts dis-15
bursed under this paragraph are used in ac-16
cordance with this Act. 17
(f) U
SES.—Amounts from the Hopi Tribe Water Set-18
tlement Trust Fund shall be used by the Hopi Tribe for 19
the following purposes: 20
(1) T
HE HOPI TRIBE GROUNDWATER PROJECTS 21
TRUST FUND ACCOUNT .—Amounts in the Hopi 22
Tribe Groundwater Projects Trust Fund Account 23
may only be used for the purpose of environmental 24
compliance, planning, engineering and design activi-25
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ties, and construction designed to deliver potable 1
water to Hopi communities. 2
(2) T
HE HOPI TRIBE OM&R TRUST FUND AC -3
COUNT.—Amounts in the Hopi Tribe OM&R Trust 4
Fund Account may only be used to pay the OM&R 5
costs of the Hopi Groundwater projects described in 6
paragraph (1) and the iina´ba´– paa tuwaqat’si pipe-7
line project. 8
(3) T
HE HOPI TRIBE AGRICULTURAL CON -9
SERVATION TRUST FUND ACCOUNT .—Amounts in 10
the Hopi Tribe Agricultural Conservation Trust 11
Fund Account may only be used to pay the costs of 12
improvements to reduce water shortages on the his-13
torically irrigated land and grazing land of the Hopi 14
Tribe, including sprinklers, drip or other efficient ir-15
rigation systems, land leveling, wells, impoundments, 16
pipelines, pumps and storage, stream bank stabiliza-17
tion and restoration, pasture seeding and manage-18
ment, fencing, and wind breaks, and alluvial wells, 19
and spring restoration, repair, replacement, and re-20
location of low technology structures to support 21
Akchin farming, flood-water farming, and other tra-22
ditional farming practices. 23
(4) T
HE HOPI TRIBE LOWER BASIN COLORADO 24
RIVER WATER ACQUISITION TRUST FUND AC -25
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COUNT.—Amounts in the Hopi Tribe Lower Basin 1
Colorado River Water Acquisition Trust Fund Ac-2
count may only be used to purchase land within the 3
State and associated Arizona Lower Basin Colorado 4
River Water Rights. 5
(5) T
HE HOPI TRIBE SYSTEM CONSERVATION 6
TRUST FUND ACCOUNT .—Amounts in the Hopi 7
Tribe System Conservation Trust Fund Account 8
may only be used to compensate the Hopi Tribe or 9
the Navajo Nation for the storage of System Con-10
servation Eligible Water at Lake Powell consistent 11
with section 6(c)(4)(C)(i)(III). 12
(g) L
IABILITY.—The Secretary and the Secretary of 13
the Treasury shall not be liable for the expenditure or in-14
vestment of any amounts withdrawn from the Hopi Tribe 15
Water Settlement Trust Fund by the Hopi Tribe pursuant 16
to subsection (e). 17
(h) T
ITLE TOINFRASTRUCTURE.—Title to, control 18
over, and operation of any project constructed using funds 19
from the Hopi Tribe Water Settlement Trust Fund shall 20
remain in the Hopi Tribe. 21
(i) A
CCOUNTTRANSFERS.—If the activities described 22
in any of paragraphs (1) through (5) of subsection (f) are 23
complete and amounts remain in the applicable Trust 24
Fund Account described in those paragraphs, the Sec-25
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retary, at the request of the Hopi Tribe, shall transfer 1
the remaining amounts to one of the other accounts within 2
the Hopi Tribe Water Settlement Trust Fund. 3
(j) C
ONTRIBUTIONS TO THE IINA´BA´– P AA 4
T
UWAQAT’SIPIPELINE.— 5
(1) I
N GENERAL.—On written notification from 6
the Secretary that the iina´ba´– paa tuwaqat’si Im-7
plementation Fund Account is insufficient and addi-8
tional funds are necessary to complete the iina´ba´– 9
paa tuwaqat’si pipeline in accordance with section 8, 10
the Hopi Tribe shall submit to the Secretary an ex-11
penditure plan for the transfer of funds from the 12
Hopi Tribe Water Settlement Trust Fund to the iina´ 13
ba´– paa tuwaqat’si pipeline Implementation Fund 14
Account. 15
(2) P
ROPORTIONATE SHARE .—The cost share 16
of the Hopi Tribe for supplemental funding shall be 17
based on the allocation of the iina´ba´– paa 18
tuwaqat’si pipeline costs agreed on in the Cost-Shar-19
ing and System Integration Agreement for the iina´ 20
ba´– paa tuwaqat’si pipeline described in section 21
8(a)(1)(F)(ii). 22
(k) A
NNUALREPORT.—The Hopi Tribe shall submit 23
to the Secretary an annual expenditure report describing 24
accomplishments and amounts spent from use of with-25
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drawals under a Tribal management plan under para-1
graph (1) of subsection (e) or an expenditure plan under 2
paragraph (2) of that subsection. 3
(l) N
OPERCAPITAPAYMENTS.—No principal or in-4
terest amount in any account established by this section 5
shall be distributed to any Member of the Hopi Tribe on 6
a per capita basis. 7
(m) E
FFECT.—Nothing in this section entitles the 8
Hopi Tribe to judicial review of a determination of the 9
Secretary relating to whether to approve a Tribal manage-10
ment plan under paragraph (1) of subsection (e) or an 11
expenditure plan under paragraph (2) of that subsection, 12
or to take enforcement actions under paragraph (1)(C) or 13
(2)(E) of that subsection, except as provided under sub-14
chapter II of chapter 5, and chapter 7, of title 5, United 15
States Code (commonly known as the ‘‘Administrative 16
Procedure Act’’). 17
SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SET-18
TLEMENT TRUST FUND. 19
(a) E
STABLISHMENT.—The Secretary shall establish 20
a trust fund for the San Juan Southern Paiute Tribe, to 21
be known as the ‘‘San Juan Southern Paiute Tribe Water 22
Settlement Trust Fund’’, to be managed, invested, and 23
distributed by the Secretary and to remain available until 24
expended, withdrawn, or reverted to the general fund of 25
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the Treasury, consisting of the amounts deposited in the 1
Trust Fund Accounts under subsection (c), together with 2
any investment earnings, including interest, earned on 3
those amounts, for the purpose of carrying out this Act. 4
(b) A
CCOUNTS.—The Secretary shall establish in the 5
San Juan Southern Paiute Tribe Water Settlement Trust 6
Fund the following accounts: 7
(1) The San Juan Southern Paiute Tribe 8
Groundwater Projects Trust Fund Account. 9
(2) The San Juan Southern Paiute Tribe Agri-10
cultural Conservation Trust Fund Account. 11
(3) The San Juan Southern Paiute Tribe 12
OM&R Trust Fund Account. 13
(c) D
EPOSITS.—The Secretary shall deposit— 14
(1) in the San Juan Southern Paiute Tribe 15
Groundwater Projects Trust Fund Account, the 16
amounts made available pursuant to subparagraph 17
(C)(i) of section 13(b)(3); 18
(2) in the San Juan Southern Paiute Tribe Ag-19
ricultural Conservation Trust Fund Account, the 20
amounts made available pursuant to subparagraph 21
(C)(iii) of that section; and 22
(3) in the San Juan Southern Paiute Tribe 23
OM&R Trust Fund Account, the amounts made 24
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available pursuant to subparagraph (C)(ii) of that 1
section. 2
(d) M
ANAGEMENT AND INTEREST.— 3
(1) M
ANAGEMENT.—On receipt and deposit of 4
the funds into the accounts in the San Juan South-5
ern Paiute Water Settlement Trust Fund Accounts 6
pursuant to subsection (c), the Secretary shall man-7
age, invest, and distribute all amounts in the San 8
Juan Southern Paiute Water Settlement Trust 9
Fund Accounts in a manner that is consistent with 10
the investment authority of the Secretary under— 11
(A) the first section of the Act of June 24, 12
1938 (25 U.S.C. 162a); 13
(B) the American Indian Trust Fund Man-14
agement Reform Act of 1994 (25 U.S.C. 4001 15
et seq.); and 16
(C) this subsection. 17
(2) I
NVESTMENT EARNINGS .—In addition to 18
the deposits made to the San Juan Southern Paiute 19
Tribe Water Settlement Trust Fund under sub-20
section (c), any investment earnings, including inter-21
est, credited to amounts held in accounts of the San 22
Juan Southern Paiute Tribe Water Settlement Trust 23
Fund are authorized to be appropriated to be used 24
in accordance with subsection (f). 25
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(e) WITHDRAWALS.— 1
(1) A
MERICAN INDIAN TRUST FUND MANAGE -2
MENT REFORM ACT OF 1994 .— 3
(A) I
N GENERAL.—The San Juan South-4
ern Paiute Tribe may withdraw any portion of 5
the amounts in the San Juan Southern Paiute 6
Tribe Water Settlement Trust Fund on ap-7
proval by the Secretary of a Tribal management 8
plan submitted by the San Juan Southern Pai-9
ute Tribe in accordance with the American In-10
dian Trust Fund Management Reform Act of 11
1994 (25 U.S.C. 4001 et seq.). 12
(B) R
EQUIREMENTS.—In addition to the 13
requirements under the American Indian Trust 14
Fund Management Reform Act of 1994 (25 15
U.S.C. 4001 et seq.), the Tribal management 16
plan under this paragraph shall require that the 17
San Juan Southern Paiute Tribe spend all 18
amounts withdrawn from the San Juan South-19
ern Paiute Tribe Water Settlement Trust Fund, 20
and any investment earnings accrued through 21
the investments under the Tribal management 22
plan, in accordance with this Act. 23
(C) E
NFORCEMENT.—The Secretary may 24
carry out such judicial and administrative ac-25
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tions as the Secretary determines to be nec-1
essary— 2
(i) to enforce a Tribal management 3
plan; and 4
(ii) to ensure that amounts withdrawn 5
from the San Juan Southern Paiute Tribe 6
Water Settlement Trust Fund by the San 7
Juan Southern Paiute Tribe under this 8
paragraph are used in accordance with this 9
Act. 10
(2) E
XPENDITURE PLAN.— 11
(A) I
N GENERAL.—The San Juan South-12
ern Paiute Tribe may submit to the Secretary 13
a request to withdraw funds from the San Juan 14
Southern Paiute Tribe Water Settlement Trust 15
Fund pursuant to an approved expenditure 16
plan. 17
(B) R
EQUIREMENTS.—To be eligible to 18
withdraw funds under an expenditure plan 19
under this paragraph, the San Juan Southern 20
Paiute Tribe shall submit to the Secretary for 21
approval an expenditure plan for any portion of 22
the San Juan Southern Paiute Tribe Water 23
Settlement Trust Fund that the San Juan 24
Southern Paiute Tribe elects to withdraw pur-25
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suant to this paragraph, subject to the condi-1
tion that the funds shall be used for the pur-2
poses described in this Act. 3
(C) I
NCLUSIONS.—An expenditure plan 4
under this paragraph shall include a description 5
of the manner and purpose for which the 6
amounts proposed to be withdrawn from the 7
San Juan Southern Paiute Tribe Water Settle-8
ment Trust Fund Accounts will be used by the 9
San Juan Southern Paiute Tribe in accordance 10
with subsection (f). 11
(D) A
PPROVAL.—On receipt of an expendi-12
ture plan under this paragraph, the Secretary 13
shall approve the expenditure plan if the Sec-14
retary determines that the expenditure plan— 15
(i) is reasonable; and 16
(ii) is consistent with, and will be used 17
for, the purposes of this Act. 18
(E) E
NFORCEMENT.—The Secretary may 19
carry out such judicial and administrative ac-20
tions as the Secretary determines to be nec-21
essary to enforce an expenditure plan under 22
this paragraph to ensure that amounts dis-23
bursed under this paragraph are used in ac-24
cordance with this Act. 25
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(f) USES.—Amounts from the San Juan Southern 1
Paiute Tribe Water Settlement Trust Fund shall be used 2
by the San Juan Southern Paiute Tribe for the following 3
purposes: 4
(1) T
HE SAN JUAN SOUTHERN PAIUTE TRIBE 5
GROUNDWATER PROJECTS TRUST FUND ACCOUNT .— 6
Amounts in the San Juan Southern Paiute Tribe 7
Groundwater Projects Trust Fund Account may only 8
be used to pay the cost of designing and con-9
structing water projects, including Water treatment 10
facilities, pipelines, storage tanks, pumping stations, 11
pressure reducing valves, electrical transmission fa-12
cilities, and the other appurtenant items, including 13
real property and easements necessary to deliver 14
water to the areas served. 15
(2) T
HE SAN JUAN SOUTHERN PAIUTE TRIBE 16
AGRICULTURAL CONSERVATION TRUST FUND AC -17
COUNT.— 18
(A) I
N GENERAL.—Subject to subpara-19
graph (B), amounts in the San Juan Southern 20
Paiute Tribe Agricultural Conservation Trust 21
Fund Account may only be used to pay the 22
costs of improvements to reduce water short-23
ages on the historically irrigated land of the 24
San Juan Southern Paiute Tribe, including 25
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sprinklers, drip or other efficient irrigation sys-1
tems, land leveling, wells, pipelines, pumps and 2
storage, stream bank stabilization and restora-3
tion, pasture seeding and management, fencing, 4
wind breaks, and alluvial wells. 5
(B) L
IMITATION.—Not more than half of 6
the amounts in the San Juan Southern Paiute 7
Tribe Agricultural Conservation Trust Fund 8
Account may be used for replacement and de-9
velopment of livestock wells and impoundments 10
on San Juan Southern Paiute Land. 11
(3) T
HE SAN JUAN SOUTHERN PAIUTE TRIBE 12
OM&R TRUST FUND ACCOUNT .—Amounts in the San 13
Juan Southern Paiute Tribe OM&R Trust Fund Ac-14
count may only be used to pay the OM&R costs of 15
the San Juan Southern Paiute Tribe Water projects 16
described in paragraph (1) and for the imputed 17
costs for delivery of water from the iina´ba´– paa 18
tuwaqat’si pipeline. 19
(g) L
IABILITY.—The Secretary and the Secretary of 20
the Treasury shall not be liable for the expenditure or in-21
vestment of any amounts withdrawn from the San Juan 22
Southern Paiute Tribe Water Settlement Trust Fund Ac-23
counts by the San Juan Southern Paiute Tribe pursuant 24
to subsection (e). 25
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(h) TITLE TOINFRASTRUCTURE.—Title to, control 1
over, and operation of any project constructed using funds 2
from the San Juan Southern Paiute Tribe Water Settle-3
ment Trust Fund shall remain in the San Juan Southern 4
Paiute Tribe. 5
(i) A
CCOUNTTRANSFERS.—If the activities described 6
in any of paragraphs (1) through (3) of subsection (f) are 7
complete and amounts remain in the applicable Trust 8
Fund Account described in those paragraphs, the Sec-9
retary, at the request of the San Juan Southern Paiute 10
Tribe, shall transfer the remaining amounts to one of the 11
other accounts within the San Juan Southern Paiute 12
Tribe Water Settlement Trust Fund. 13
(j) C
ONTRIBUTIONS TO THE IINA´BA´– P AA 14
T
UWAQAT’SIPIPELINE.—In its sole discretion, the San 15
Juan Southern Paiute Tribe may use amounts in the San 16
Juan Southern Paiute Tribe Water Settlement Trust 17
Fund to supplement funds in the iina´ba´– paa tuwaqat’si 18
pipeline Implementation Fund Account. 19
(k) A
NNUALREPORT.—The San Juan Southern Pai-20
ute Tribe shall submit to the Secretary an annual expendi-21
ture report describing accomplishments and amounts 22
spent from use of withdrawals under a Tribal management 23
plan submitted under paragraph (1) of subsection (e) or 24
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an expenditure plan under paragraph (2) of that sub-1
section. 2
(l) N
OPERCAPITAPAYMENTS.—No principal or in-3
terest amount in any account established by this section 4
shall be distributed to any Member of the San Juan 5
Southern Paiute Tribe on a per capita basis. 6
(m) E
FFECT.—Nothing in this section entitles the 7
San Juan Southern Paiute Tribe to judicial review of a 8
determination of the Secretary relating to whether to ap-9
prove a Tribal management plan under paragraph (1) of 10
subsection (e) or an expenditure plan under paragraph (2) 11
of that subsection, or to take enforcement actions under 12
paragraph (1)(C) or (2)(E) of that subsection, except as 13
provided under subchapter II of chapter 5, and chapter 14
7, of title 5, United States Code (commonly known as the 15
‘‘Administrative Procedure Act’’). 16
SEC. 13. FUNDING. 17
(a) I
INA´BA´– PAATUWAQAT’SIPIPELINEIMPLE-18
MENTATIONFUNDACCOUNT.— 19
(1) M
ANDATORY APPROPRIATION .—Out of any 20
funds in the Treasury not otherwise appropriated, 21
the Secretary of the Treasury shall transfer to the 22
Secretary $1,715,000,000 for deposit in the iina´ba´ 23
– paa tuwaqat’si pipeline Implementation Fund Ac-24
count, to carry out the planning, engineering, de-25
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sign, environmental compliance, and construction of 1
the iina´ba´– paa tuwaqat’si pipeline, to remain 2
available until expended, withdrawn, or reverted to 3
the general fund of the Treasury. 4
(2) A
VAILABILITY.— 5
(A) I
N GENERAL.—Except as provided in 6
subparagraph (B), amounts appropriated to 7
and deposited in the iina´ba´– paa tuwaqat’si 8
pipeline Implementation Fund Account under 9
paragraph (1) shall not be available for expend-10
iture until the Enforceability Date. 11
(B) E
XCEPTION.—Of the amounts made 12
available under paragraph (1), $250,000,000 13
shall be made available before the Enforce-14
ability Date for the Bureau to carry out envi-15
ronmental compliance and preliminary design of 16
the iina´ba´– paa tuwaqat’si pipeline, subject to 17
the following: 18
(i) The revision of the Settlement 19
Agreement and exhibits to conform to this 20
Act. 21
(ii) Execution by all of the required 22
settlement parties, including the United 23
States, to the conformed Settlement Agree-24
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ment and exhibits, including the waivers 1
and releases of claims under section 14. 2
(3) S
ETTLEMENT FUNDING SOURCES .—If the 3
iina´ba´– paa tuwaqat’si pipeline Implementation 4
Fund Account is insufficient to complete the iina´ba´ 5
– paa tuwaqat’si pipeline in accordance with section 6
8, the Navajo Nation and Hopi Tribe shall provide 7
necessary supplemental funding from the Water Set-8
tlement Trust Fund of the Tribe as described in sec-9
tions 10(j) and 11(j). 10
(b) N
AVAJONATIONWATERSETTLEMENTTRUST 11
F
UND, THEHOPITRIBEWATERSETTLEMENTTRUST 12
F
UND AND THE SANJUANSOUTHERNPAIUTESETTLE-13
MENTTRUSTFUND.— 14
(1) M
ANDATORY APPROPRIATION .—Out of any 15
funds in the Treasury not otherwise appropriated, 16
the Secretary of the Treasury shall transfer to the 17
Secretary $3,421,400,000, for deposit in the Navajo 18
Nation Water Settlement Trust Fund, the Hopi 19
Tribe Water Settlement Trust Fund, and the San 20
Juan Southern Paiute Tribe Water Settlement Trust 21
Fund, in accordance with paragraph (3), to remain 22
available until expended, withdrawn, or reverted to 23
the general fund of the Treasury. 24
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(2) AVAILABILITY.—Amounts appropriated to 1
and deposited in the Navajo Nation Water Settle-2
ment Trust Fund, the Hopi Tribe Water Settlement 3
Trust Fund, and the San Juan Southern Paiute 4
Water Settlement Trust Fund under paragraph (1) 5
shall not be available for expenditure until the En-6
forceability Date. 7
(3) A
LLOCATION.—The Secretary shall dis-8
tribute and deposit the amounts made available 9
under paragraph (1) in accordance with the fol-10
lowing: 11
(A) T
HE NAVAJO NATION WATER SETTLE -12
MENT TRUST FUND .—The Secretary shall de-13
posit in the Navajo Nation Water Settlement 14
Trust Fund $2,876,416,400 to remain available 15
until expended, withdrawn, or reverted to the 16
general fund of the Treasury and to be allo-17
cated to the accounts of the Navajo Nation 18
Water Settlement Trust Fund in accordance 19
with the following: 20
(i) The Navajo Nation Water Projects 21
Trust Fund Account, $2,369,200,000. 22
(ii) The Navajo Nation OM&R Trust 23
Fund Account, $229,500,000. 24
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(iii) The Navajo Nation Agricultural 1
Conservation Trust Fund Account, 2
$80,000,000. 3
(iv) The Navajo Nation Renewable 4
Energy Trust Fund Account, $40,000,000. 5
(v) The Navajo Nation Lower Basin 6
Colorado River Water Acquisition Trust 7
Fund Account, $28,000,000. 8
(vi) The Navajo Nation System Con-9
servation Trust Fund Account, 10
$129,716,400. 11
(B) T
HE HOPI TRIBE WATER SETTLEMENT 12
TRUST FUND.—The Secretary shall deposit in 13
the Hopi Tribe Water Settlement Trust Fund 14
$515,183,600, to remain available until ex-15
pended, withdrawn, or reverted to the general 16
fund of the Treasury and to be allocated to the 17
accounts of the Hopi Tribe Water Settlement 18
Trust Fund in accordance with the following: 19
(i) The Hopi Tribe Groundwater 20
Projects Trust Fund Account, 21
$390,000,000. 22
(ii) The Hopi Tribe OM&R Trust 23
Fund Account, $87,000,000. 24
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(iii) The Hopi Tribe Agricultural Con-1
servation Trust Fund Account, 2
$30,000,000. 3
(iv) The Hopi Tribe Lower Basin Col-4
orado River Water Acquisition Trust Fund 5
Account, $1,500,000. 6
(v) The Hopi Tribe System Conserva-7
tion Trust Fund Account, $6,683,600. 8
(C) T
HE SAN JUAN SOUTHERN PAIUTE 9
TRIBE WATER SETTLEMENT TRUST FUND .— 10
The Secretary shall deposit in the San Juan 11
Southern Paiute Water Settlement Trust Fund 12
$29,800,000, to remain available until ex-13
pended, withdrawn, or reverted to the general 14
fund of the Treasury and to be allocated to the 15
accounts of the San Juan Southern Paiute 16
Water Settlement Trust Fund in accordance 17
with the following: 18
(i) The San Juan Southern Paiute 19
Groundwater Projects Trust Fund Ac-20
count, $28,000,000. 21
(ii) The San Juan Southern Paiute 22
OM&R Trust Fund Account, $1,500,000. 23
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(iii) The San Juan Southern Paiute 1
Agricultural Conservation Trust Fund Ac-2
count, $300,000. 3
(c) S
UPPLEMENTAL IINA´BA´– PAATUWAQAT’SI 4
P
IPELINEIMPLEMENTATION FUNDACCOUNT RE-5
SERVE.— 6
(1) I
N GENERAL.—In order to address the pre-7
liminary estimate level of the value planning study 8
described in section 8(a)(1)(C)(iii), and the risk that 9
the amount in the iina´ba´– paa tuwaqat’si pipeline 10
Implementation Fund Account may be insufficient 11
to complete construction of the iina´ba´– paa 12
tuwaqat’si pipeline, until the Secretary completes a 13
feasibility-level design and estimate for the iina´ba´ 14
– paa tuwaqat’si pipeline, 50 percent of the Navajo 15
Nation Water Settlement Trust Fund and 50 per-16
cent of the Hopi Tribe Water Settlement Trust 17
Fund— 18
(A) shall not be available for withdrawal, 19
except pursuant to sections 10(j)(1) and 20
11(j)(1); and 21
(B) shall remain available to supplement 22
the iina´ba´– paa tuwaqat’si pipeline Implemen-23
tation Fund Account. 24
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(2) ON COMPLETION OF FEASIBILITY STUDY .— 1
On completion of the feasibility-level estimate, value 2
planning, and final design approved by the Navajo 3
Nation, Hopi Tribe, and the Secretary, a percentage 4
of the Navajo Nation Water Settlement Trust Fund 5
and the Hopi Tribe Water Settlement Trust Fund to 6
be determined by the Secretary— 7
(A) shall not be available for withdrawal, 8
except pursuant to sections 10(j)(1) and 9
11(j)(1); and 10
(B) shall remain available to supplement 11
iina´ba´– paa tuwaqat’si pipeline Implementa-12
tion Fund Account until the Secretary notifies 13
the Tribes in writing that supplemental funding 14
is no longer needed. 15
(d) C
REDITS TOACCOUNTS.— 16
(1) I
N GENERAL.—The interest on, and the 17
proceeds from, the sale or redemption of, any obliga-18
tions held in the Navajo Nation Water Settlement 19
Trust Fund, the Hopi Tribe Water Settlement Trust 20
Fund, and the San Juan Southern Paiute Water 21
Settlement Trust Fund shall be credited to and form 22
a part of the applicable Trust Fund. 23
(2) U
SE OF TRUST FUNDS .—Amounts appro-24
priated to and deposited in the Navajo Nation Water 25
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Settlement Trust Fund, the Hopi Tribe Water Set-1
tlement Trust Fund, and the San Juan Southern 2
Paiute Tribe Water Settlement Trust Fund may be 3
used as described in sections 10, 11, and 12 and 4
paragraph 12 of the Settlement Agreement. 5
(e) F
LUCTUATION INCOSTS.— 6
(1) I
MPLEMENTATION FUND ACCOUNT .—The 7
amounts appropriated and authorized to be appro-8
priated under subsection (a) shall be— 9
(A) increased or decreased, as appropriate, 10
by such amounts as may be justified by reason 11
of ordinary fluctuations in costs occurring after 12
January 1, 2024, as indicated by the Bureau 13
Construction Cost Trends Index applicable to 14
the types of construction involved; and 15
(B) adjusted to address construction cost 16
changes necessary to account for unforeseen 17
market volatility that may not otherwise be cap-18
tured by engineering cost indices as determined 19
by the Secretary, including repricing applicable 20
to the types of construction and current indus-21
try standards involved. 22
(2) T
RUST FUNDS.—The amounts appropriated 23
and authorized to be appropriated under subsection 24
(b) shall be— 25
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(A) increased or decreased, as appropriate, 1
by such amounts as may be justified by reason 2
of ordinary fluctuations in costs occurring after 3
January 1, 2024, as indicated by the Bureau 4
Construction Cost Index—Composite Trend, ex-5
cept for the OM&R trust funds which shall be 6
adjusted based on the Bureau OM&R Cost 7
Index; and 8
(B) adjusted to address construction cost 9
changes necessary to account for unforeseen 10
market volatility that may not otherwise be cap-11
tured by engineering cost indices as determined 12
by the Secretary, including repricing applicable 13
to the types of construction and current indus-14
try standards involved. 15
(3) R
EPETITION.—The adjustment process 16
under paragraphs (1) and (2) shall be repeated for 17
each subsequent amount appropriated until the 18
amount appropriated and authorized to be appro-19
priated, as applicable, under subsections (a) and (b), 20
as adjusted, has been appropriated. 21
(4) P
ERIOD OF INDEXING.— 22
(A) I
MPLEMENTATION FUND .—With re-23
spect to the iina´ba´– paa tuwaqat’si pipeline 24
Implementation Fund Account, the period of 25
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adjustment under paragraph (1) for any incre-1
ment of funding shall be annually until the iina´ 2
ba´– paa tuwaqat’si pipeline project is com-3
pleted. 4
(B) T
RUST FUNDS.—With respect to the 5
Navajo Nation Water Settlement Trust Fund, 6
the Hopi Tribe Water Settlement Trust Fund, 7
and the San Juan Southern Paiute Water Set-8
tlement Trust Fund, the period of indexing ad-9
justment under paragraph (2) for any incre-10
ment of funding shall end on the date on which 11
the funds are deposited into the Trust Funds. 12
SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS. 13
(a) W
AIVERS, RELEASES AND RETENTION OF 14
C
LAIMS FORWATERRIGHTS, INJURY TOWATERRIGHTS, 15
ANDINJURY TOWATER BY THENAVAJONATION, ONBE-16
HALF OF THE NAVAJONATION AND THE MEMBERS OF 17
THENAVAJONATION(BUTNOTMEMBERS IN THE CA-18
PACITY OF THEMEMBERS ASNAVAJOALLOTTEES), AND 19
THEUNITEDSTATES, ACTING ASTRUSTEE FOR THE 20
N
AVAJONATION AND THE MEMBERS OF THE NAVAJO 21
N
ATION(BUTNOTMEMBERS IN THECAPACITY OF THE 22
M
EMBERS ASNAVAJOALLOTTEES) AGAINST THESTATE 23
ANDOTHERS.— 24
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(1) IN GENERAL.—Except as provided in para-1
graph (3), the Navajo Nation, on behalf of the Nav-2
ajo Nation and the Members of the Navajo Nation 3
(but not Members in the capacity of the Members as 4
Navajo Allottees), and the United States, acting as 5
trustee for the Navajo Nation and the Members of 6
the Navajo Nation (but not Members in the capacity 7
of the Members as Navajo Allottees), as part of the 8
performance of the respective obligations of the Nav-9
ajo Nation and the United States under the Settle-10
ment Agreement and this Act, are authorized to exe-11
cute a waiver and release of all claims against the 12
State (or any agency or political subdivision of the 13
State), the Hopi Tribe, the Hopi Allottees, the San 14
Juan Southern Paiute Tribe, and any other indi-15
vidual, entity, corporation, or municipal corporation 16
under Federal, State, or other law for all of the fol-17
lowing: 18
(A) Past, present, and future claims for 19
Water Rights, including rights to Colorado 20
River Water, for Navajo Land, arising from 21
time immemorial and, thereafter, forever. 22
(B) Past, present, and future claims for 23
Water Rights, including rights to Colorado 24
River Water, arising from time immemorial 25
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and, thereafter, forever, that are based on the 1
aboriginal occupancy of land within the State 2
by the Navajo Nation, the predecessors of the 3
Navajo Nation, the Members of the Navajo Na-4
tion, or predecessors of the Members of the 5
Navajo Nation. 6
(C) Past and present claims for Injury to 7
Water Rights, including injury to rights to Col-8
orado River Water, for Navajo Land, arising 9
from time immemorial through the Enforce-10
ability Date. 11
(D) Past, present, and future claims for 12
Injury to Water for Navajo Land, arising from 13
time immemorial and, thereafter, forever. 14
(E) Past, present, and future claims for 15
Injury to Water Rights, including injury to 16
rights to Colorado River Water, arising from 17
time immemorial and, thereafter, forever, that 18
are based on the aboriginal occupancy of land 19
within the State by the Navajo Nation, the 20
predecessors of the Navajo Nation, the Mem-21
bers of the Navajo Nation, or predecessors of 22
the Members of the Navajo Nation. 23
(F) Claims for Injury to Water Rights, in-24
cluding injury to rights to Colorado River 25
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Water, arising after the Enforceability Date, 1
for Navajo Land, resulting from the diversion 2
or Use of water outside of Navajo Land in a 3
manner not in violation of the Settlement 4
Agreement or State law. 5
(G) Past, present, and future claims aris-6
ing out of, or relating in any manner to, the ne-7
gotiation, execution, or adoption of the Settle-8
ment Agreement, any judgment or decree ap-9
proving or incorporating the Settlement Agree-10
ment, or this Act. 11
(2) F
ORM; EFFECTIVE DATE.—The waiver and 12
release of claims described in paragraph (1) shall— 13
(A) be in the form described in Exhibit 14
13.1 to the Settlement Agreement; and 15
(B) take effect on the Enforceability Date. 16
(3) R
ETENTION OF CLAIMS .—Notwithstanding 17
the waiver and release of claims described in para-18
graph (1) and Exhibit 13.1 to the Settlement Agree-19
ment, the Navajo Nation, acting on behalf of the 20
Navajo Nation and the Members of the Navajo Na-21
tion (but not Members in the capacity of the Mem-22
bers as Navajo Allottees), and the United States, 23
acting as trustee for the Navajo Nation and the 24
Members of the Navajo Nation (but not Members in 25
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the capacity of the Members as Navajo Allottees), 1
shall retain any right— 2
(A) to assert claims for injuries to, and 3
seek enforcement of, the rights of the Navajo 4
Nation under the Settlement Agreement, wheth-5
er those rights are generally stated or specifi-6
cally described, or this Act, in any Federal or 7
State court of competent jurisdiction; 8
(B) to assert claims for injuries to, and 9
seek enforcement of, the rights of the Navajo 10
Nation under the LCR Decree and the Gila 11
River Adjudication Decree; 12
(C) to assert claims for Water Rights, for 13
land owned or acquired by the Navajo Nation 14
in fee, or held in trust by the United States for 15
the Navajo Nation, in the LCR Watershed pur-16
suant to subparagraphs 4.11 and 4.12, of the 17
Settlement Agreement, or in the Gila River 18
Basin pursuant to subparagraphs 4.14 and 19
4.15 of the Settlement Agreement; 20
(D) to object to any claims for Water 21
Rights by or for— 22
(i) any Indian Tribe other than the 23
Hopi Tribe, the San Juan Southern Paiute 24
Tribe, and the Zuni Tribe; or 25
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(ii) the United States acting on behalf 1
of any Indian Tribe, other than the Hopi 2
Tribe, the San Juan Southern Paiute 3
Tribe, and the Zuni Tribe; and 4
(E) to assert past, present, or future 5
claims for Injury to Water Rights against— 6
(i) any Indian Tribe other than the 7
Hopi Tribe, the San Juan Southern Paiute 8
Tribe, and the Zuni Tribe; or 9
(ii) the United States acting on behalf 10
of any Indian Tribe, other than the Hopi 11
Tribe, the San Juan Southern Paiute 12
Tribe, and the Zuni Tribe. 13
(b) W
AIVERS, RELEASES AND RETENTION OF 14
C
LAIMS FORWATERRIGHTS, INJURY TOWATERRIGHTS, 15
ANDINJURY TOWATER BY THEUNITEDSTATES, ACTING 16
ASTRUSTEE FOR THENAVAJOALLOTTEESAGAINST THE 17
S
TATE ANDOTHERS.— 18
(1) I
N GENERAL.—Except as provided in para-19
graph (3), the United States, acting as trustee for 20
the Navajo Allottees, as part of the performance of 21
the obligations of the United States under the Set-22
tlement Agreement and this Act, is authorized to 23
execute a waiver and release of all claims against the 24
State (or any agency or political subdivision of the 25
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•S 953 IS
State), the Navajo Nation, the Hopi Tribe, the Hopi 1
Allottees, and the San Juan Southern Paiute Tribe, 2
and any other individual, entity, corporation, or mu-3
nicipal corporation under Federal, State, or other 4
law, for all of the following: 5
(A) Past, present, and future claims for 6
Water Rights, including rights to Colorado 7
River Water, for Navajo Allotments, arising 8
from time immemorial and, thereafter, forever. 9
(B) Past, present, and future claims for 10
Water Rights, including rights to Colorado 11
River Water, arising from time immemorial 12
and, thereafter, forever, that are based on the 13
aboriginal occupancy of land within the State 14
by the Navajo Allottees or predecessors of the 15
Navajo Allottees. 16
(C) Past and present claims for Injury to 17
Water Rights, including injury to rights to Col-18
orado River Water, for Navajo Allotments, aris-19
ing from time immemorial through the Enforce-20
ability Date. 21
(D) Past, present, and future claims for 22
Injury to Water for Navajo Allotments, arising 23
from time immemorial and, thereafter, forever. 24
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•S 953 IS
(E) Past, present, and future claims for 1
Injury to Water Rights, including injury to 2
rights to Colorado River Water, arising from 3
time immemorial and, thereafter, forever, that 4
are based on the aboriginal occupancy of land 5
within the State by Navajo Allottees or prede-6
cessors of the Navajo Allottees. 7
(F) Claims for Injury to Water Rights, in-8
cluding injury to rights to Colorado River 9
Water, arising after the Enforceability Date, 10
for the Navajo Allotments, resulting from the 11
diversion or Use of water outside of Navajo Al-12
lotments in a manner not in violation of the 13
Settlement Agreement or State law. 14
(G) Past, present, and future claims aris-15
ing out of, or relating in any manner to, the ne-16
gotiation, execution, or adoption of the Settle-17
ment Agreement, any judgment or decree ap-18
proving or incorporating the Settlement Agree-19
ment, or this Act. 20
(2) F
ORM; EFFECTIVE DATE.—The waiver and 21
release of claims described in paragraph (1) shall— 22
(A) be in the form described in Exhibit 23
13.2 to the Settlement Agreement; and 24
(B) take effect on the Enforceability Date. 25
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•S 953 IS
(3) RETENTION OF CLAIMS .—Notwithstanding 1
the waiver and release of claims described in para-2
graph (1), the United States, acting as trustee for 3
the Navajo Allottees, shall retain any right— 4
(A) to assert claims for injuries to, and 5
seek enforcement of, the rights of the Navajo 6
Allottees under the Settlement Agreement, 7
whether those rights are generally stated or 8
specifically described, or this Act, in any Fed-9
eral or State court of competent jurisdiction; 10
(B) to assert claims for injuries to, and 11
seek enforcement of, the rights of the Navajo 12
Allottees under the LCR Decree; 13
(C) to object to any claims for Water 14
Rights by or for— 15
(i) any Indian Tribe other than the 16
Navajo Nation, the Hopi Tribe, the San 17
Juan Southern Paiute Tribe, and the Zuni 18
Tribe; or 19
(ii) the United States acting on behalf 20
of any Indian Tribe other than the Navajo 21
Nation, the Hopi Tribe, the San Juan 22
Southern Paiute Tribe, and the Zuni 23
Tribe; and 24
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•S 953 IS
(D) to assert past, present, or future 1
claims for Injury to Water Rights against— 2
(i) any Indian Tribe other than the 3
Navajo Nation, the Hopi Tribe, the San 4
Juan Southern Paiute Tribe, and the Zuni 5
Tribe; or 6
(ii) the United States acting on behalf 7
of any Indian Tribe other than the Navajo 8
Nation, the Hopi Tribe, the San Juan 9
Southern Paiute Tribe, and the Zuni 10
Tribe. 11
(c) W
AIVERS, RELEASES AND RETENTION OF 12
C
LAIMS FORWATERRIGHTS, INJURY TOWATERRIGHTS, 13
ANDINJURY TOWATER BY THENAVAJONATION, ONBE-14
HALF OF THE NAVAJONATION AND THE MEMBERS OF 15
THENAVAJONATION(BUTNOTMEMBERS IN THE CA-16
PACITY OF THE MEMBERS AS NAVAJOALLOTTEES), 17
A
GAINST THEUNITEDSTATES.— 18
(1) I
N GENERAL.—Except as provided in para-19
graph (3), the Navajo Nation, acting on behalf of 20
the Navajo Nation and the Members of the Navajo 21
Nation (but not Members in the capacity of the 22
Members as Navajo Allottees), as part of the per-23
formance of the obligations of the Navajo Nation 24
under the Settlement Agreement and this Act, is au-25
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ssavage on LAPJG3WLY3PROD with BILLS 186
•S 953 IS
thorized to execute a waiver and release of all claims 1
against the United States, including agencies, offi-2
cials, and employees of the United States, under 3
Federal, State, or other law for all of the following: 4
(A) Past, present, and future claims for 5
Water Rights, including rights to Colorado 6
River Water, for Navajo Land arising from 7
time immemorial and, thereafter, forever. 8
(B) Past, present, and future claims for 9
Water Rights, including rights to Colorado 10
River Water, arising from time immemorial 11
and, thereafter, forever, that are based on the 12
aboriginal occupancy of land within the State 13
by the Navajo Nation, the predecessors of the 14
Navajo Nation, the Members of the Navajo Na-15
tion, or predecessors of the Members of the 16
Navajo Nation. 17
(C) Claims for Water Rights within the 18
State that the United States, acting as trustee 19
for the Navajo Nation and Navajo Allottees, as-20
serted or could have asserted in any proceeding, 21
except to the extent that such rights are recog-22
nized as part of the Navajo Nation’s Water 23
Rights under this Act. 24
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•S 953 IS
(D) Past and present claims for Injury to 1
Water Rights, including injury to rights to Col-2
orado River Water, for Navajo Land, arising 3
from time immemorial through the Enforce-4
ability Date. 5
(E) Past, present, and future claims for 6
Injury to Water for Navajo Land, arising from 7
time immemorial and, thereafter, forever. 8
(F) Past, present, and future claims for 9
Injury to Water Rights, including injury to 10
rights to Colorado River Water, arising from 11
time immemorial and, thereafter, forever, that 12
are based on the aboriginal occupancy of land 13
within the State by the Navajo Nation, the 14
predecessors of the Navajo Nation, the Mem-15
bers of the Navajo Nation, or predecessors of 16
the Members of the Navajo Nation. 17
(G) Claims for Injury to Water Rights, in-18
cluding injury to rights to Colorado River 19
Water, arising after the Enforceability Date for 20
Navajo Land, resulting from the diversion or 21
Use of water outside of Navajo Land in a man-22
ner not in violation of the Settlement Agree-23
ment or State law. 24
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ssavage on LAPJG3WLY3PROD with BILLS 188
•S 953 IS
(H) Past, present, and future claims aris-1
ing out of, or relating in any manner to, the ne-2
gotiation, execution, or adoption of the Settle-3
ment Agreement, any judgment or decree ap-4
proving or incorporating the Settlement Agree-5
ment, or this Act. 6
(I) Past, present, and future claims arising 7
out of, or relating in any manner to, United 8
States Geological Survey monitoring and re-9
porting activities described in paragraph 7.0 of 10
the Settlement Agreement. 11
(J) Past, present, and future claims aris-12
ing from time immemorial and, thereafter, for-13
ever, relating in any manner to Injury to Water 14
or Injury to Water Rights based on the provi-15
sions of paragraphs 8.0 and 9.0 of the Settle-16
ment Agreement. 17
(K) Past and present claims for foregone 18
benefits from non-Navajo Use of water, on and 19
off Navajo Land (including water from all 20
sources and for all Uses), within the State aris-21
ing before the Enforceability Date. 22
(L) Past and present claims for damage, 23
loss, or injury to land or natural resources due 24
to loss of water or Water Rights, including 25
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•S 953 IS
damages, losses, or injuries to hunting, fishing, 1
gathering, or cultural rights due to loss of 2
water or Water Rights, claims relating to inter-3
ference with, diversion of, or taking of water, or 4
claims relating to a failure to protect, acquire, 5
replace, or develop water, Water Rights, or 6
water infrastructure, within the State, arising 7
before the Enforceability Date. 8
(M) Past and present claims arising before 9
the Enforceability Date from a failure to pro-10
vide for operation, maintenance, or deferred 11
maintenance for any irrigation system or irriga-12
tion project on Navajo Land. 13
(N) Past and present claims arising before 14
the Enforceability Date from a failure to estab-15
lish or provide a municipal, rural, or industrial 16
water delivery system on Navajo Land. 17
(O) Past and present claims for damage, 18
loss, or injury to land or natural resources due 19
to construction, operation, and management of 20
irrigation projects on Navajo Land, including 21
damages, losses, or injuries to fish habitat, 22
wildlife, and wildlife habitat, within the State 23
arising before the Enforceability Date. 24
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•S 953 IS
(P) Past and present claims arising before 1
the Enforceability Date from a failure to pro-2
vide a dam safety improvement to a dam on 3
Navajo Land within the State. 4
(2) F
ORM; EFFECTIVE DATE.—The waiver and 5
release of claims described in paragraph (1) shall— 6
(A) be in the form described in Exhibit 7
13.3 to the Settlement Agreement; and 8
(B) take effect on the Enforceability Date. 9
(3) R
ETENTION OF CLAIMS .—Notwithstanding 10
the waiver and release of claims described in para-11
graph (1) and Exhibit 13.3 to the Settlement Agree-12
ment, the Navajo Nation and the Members of the 13
Navajo Nation (but not Members in the capacity of 14
the Members as Allottees) shall retain any right— 15
(A) to assert claims for injuries to, and 16
seek enforcement of, the rights of the Navajo 17
Nation under the Settlement Agreement, wheth-18
er those rights are generally stated or specifi-19
cally described, or this Act, in any Federal or 20
State court of competent jurisdiction; 21
(B) to assert claims for injuries to, and 22
seek enforcement of, the rights of the Navajo 23
Nation under the LCR Decree and the Gila 24
River Adjudication Decree; 25
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ssavage on LAPJG3WLY3PROD with BILLS 191
•S 953 IS
(C) to assert claims for Water Rights for 1
land owned or acquired by the Navajo Nation 2
in fees in the LCR Watershed pursuant to sub-3
paragraphs 4.11 and 4.12 of the Settlement 4
Agreement, or in the Gila River Basin pursuant 5
to subparagraphs 4.14 and 4.15 of the Settle-6
ment Agreement; 7
(D) to object to any claims for Water 8
Rights by or for— 9
(i) any Indian Tribe other than the 10
Hopi Tribe, the San Juan Southern Paiute 11
Tribe, and the Zuni Tribe; or 12
(ii) the United States acting on behalf 13
of any Indian Tribe other than the Hopi 14
Tribe, the San Juan Southern Paiute 15
Tribe, and the Zuni Tribe; and 16
(E) to assert past, present, or future 17
claims for Injury to Water Rights against— 18
(i) any Indian Tribe other than the 19
Hopi Tribe, the San Juan Southern Paiute 20
Tribe, and the Zuni Tribe; or 21
(ii) the United States acting on behalf 22
of any Indian Tribe other than the Hopi 23
Tribe, the San Juan Southern Paiute 24
Tribe, and the Zuni Tribe. 25
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ssavage on LAPJG3WLY3PROD with BILLS 192
•S 953 IS
(d) WAIVERS, RELEASES AND RETENTION OF 1
C
LAIMS BY THE UNITEDSTATES INALLCAPACITIES 2
(E
XCEPT ASTRUSTEE FOR AN INDIANTRIBEOTHER 3
T
HAN THENAVAJONATION, THEHOPITRIBE, AND THE 4
S
ANJUANSOUTHERNPAIUTETRIBE) AGAINST THE 5
N
AVAJONATION AND THE MEMBERS OF THE NAVAJO 6
N
ATION.— 7
(1) I
N GENERAL.—Except as provided in para-8
graph (3), the United States, in all capacities (ex-9
cept as trustee for an Indian Tribe other than the 10
Navajo Nation, the Hopi Tribe, and the San Juan 11
Southern Paiute Tribe), as part of the performance 12
of the obligations of the United States under the 13
Settlement Agreement and this Act, is authorized to 14
execute a waiver and release of all claims against the 15
Navajo Nation, the Members of the Navajo Nation, 16
or any agency, official, or employee of the Navajo 17
Nation, under Federal, State, or any other law for 18
all of the following: 19
(A) Past and present claims for Injury to 20
Water Rights, including injury to rights to Col-21
orado River Water, resulting from the diversion 22
or Use of water on Navajo Land, arising from 23
time immemorial through the Enforceability 24
Date. 25
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•S 953 IS
(B) Claims for Injury to Water Rights, in-1
cluding injury to rights to Colorado River 2
Water, arising after the Enforceability Date, re-3
sulting from the diversion or Use of water on 4
Navajo Land in a manner that is not in viola-5
tion of this Agreement or State law. 6
(C) Past, present, and future claims aris-7
ing out of, or related in any manner to, the ne-8
gotiation, execution, or adoption of the Settle-9
ment Agreement, any judgment or decree ap-10
proving or incorporating the Settlement Agree-11
ment, or this Act. 12
(2) F
ORM; EFFECTIVE DATE.—The waiver and 13
release of claims described in paragraph (1) shall— 14
(A) be in the form described in Exhibit 15
13.4 to the Settlement Agreement; and 16
(B) take effect on the Enforceability Date. 17
(3) R
ETENTION OF CLAIMS .—Notwithstanding 18
the waiver and release of claims described in para-19
graph (1) and Exhibit 13.4 to the Settlement Agree-20
ment, the United States shall retain any right to as-21
sert any claim not expressly waived in accordance 22
with that paragraph and that Exhibit, in any Fed-23
eral or State court of competent jurisdiction. 24
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•S 953 IS
(e) WAIVERS, RELEASES AND RETENTION OF 1
C
LAIMS FORWATERRIGHTS, INJURY TOWATERRIGHTS, 2
ANDINJURY TOWATER BY THEHOPITRIBE, ONBEHALF 3
OF THEHOPITRIBE AND THEMEMBERS OF THE HOPI 4
T
RIBE(BUTNOTMEMBERS IN THE CAPACITY OF THE 5
M
EMBERS AS HOPIALLOTTEES), AND THE UNITED 6
S
TATES, ACTING ASTRUSTEE FOR THEHOPITRIBE AND 7
THEMEMBERS OF THEHOPITRIBE(BUTNOTMEMBERS 8
IN THE CAPACITY OF THE MEMBERS AS HOPI 9
A
LLOTTEES) AGAINST THESTATE ANDOTHERS.— 10
(1) I
N GENERAL.—Except as provided in para-11
graph (3), the Hopi Tribe, on behalf of the Hopi 12
Tribe and the Members of the Hopi Tribe (but not 13
Members in the capacity of the Members as Hopi 14
Allottees), and the United States, acting as trustee 15
for the Hopi Tribe and the Members of the Hopi 16
Tribe (but not Members in the capacity of the Mem-17
bers as Hopi Allottees), as part of the performance 18
of the respective obligations of the Hopi Tribe and 19
the United States under the Settlement Agreement 20
and this Act, are authorized to execute a waiver and 21
release of all claims against the State (or any agency 22
or political subdivision of the State), the Navajo Na-23
tion, the Navajo Allottees, the San Juan Southern 24
Paiute Tribe, and any other individual, entity, cor-25
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ssavage on LAPJG3WLY3PROD with BILLS 195
•S 953 IS
poration, or municipal corporation under Federal, 1
State, or other law for all of the following: 2
(A) Past, present, and future claims for 3
Water Rights, including rights to Colorado 4
River Water, for Hopi Land, arising from time 5
immemorial and, thereafter, forever. 6
(B) Past, present, and future claims for 7
Water Rights, including rights to Colorado 8
River Water, arising from time immemorial 9
and, thereafter, forever, that are based on the 10
aboriginal occupancy of land within the State 11
by the Hopi Tribe, the predecessors of the Hopi 12
Tribe, the Members of the Hopi Tribe, or pred-13
ecessors of the Members of the Hopi Tribe. 14
(C) Past and present claims for Injury to 15
Water Rights, including injury to rights to Col-16
orado River Water, for Hopi Land, arising from 17
time immemorial through the Enforceability 18
Date. 19
(D) Past, present, and future claims for 20
Injury to Water for Hopi Land, arising from 21
time immemorial and, thereafter, forever. 22
(E) Past, present, and future claims for 23
Injury to Water Rights, including injury to 24
rights to Colorado River Water, arising from 25
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ssavage on LAPJG3WLY3PROD with BILLS 196
•S 953 IS
time immemorial and, thereafter, forever, that 1
are based on the aboriginal occupancy of land 2
within the State by the Hopi Tribe, the prede-3
cessors of the Hopi Tribe, the Members of the 4
Hopi Tribe, or predecessors of the Members of 5
the Hopi Tribe. 6
(F) Claims for Injury to Water Rights, in-7
cluding injury to rights to Colorado River 8
Water, arising after the Enforceability Date, 9
for Hopi Land, resulting from the diversion or 10
Use of water outside of Hopi Land in a manner 11
not in violation of the Settlement Agreement or 12
State law. 13
(G) Past, present, and future claims aris-14
ing out of, or relating in any manner to, the ne-15
gotiation, execution, or adoption of the Settle-16
ment Agreement, any judgment or decree ap-17
proving or incorporating the Settlement Agree-18
ment, or this Act. 19
(2) F
ORM; EFFECTIVE DATE.—The waiver and 20
release of claims described in paragraph (1) shall— 21
(A) be in the form described in Exhibit 22
13.6 to the Settlement Agreement; and 23
(B) take effect on the Enforceability Date. 24
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•S 953 IS
(3) RETENTION OF CLAIMS .—Notwithstanding 1
the waiver and release of claims described in para-2
graph (1) and Exhibit 13.6 to the Settlement Agree-3
ment, the Hopi Tribe, acting on behalf of the Hopi 4
Tribe and the Members of the Hopi Tribe (but not 5
Members in the capacity of the Members as Hopi 6
Allottees), and the United States, acting as trustee 7
for the Hopi Tribe and the Members of the Hopi 8
Tribe (but not Members in the capacity of the Mem-9
bers as Hopi Allottees), shall retain any right— 10
(A) to assert claims for injuries to, and 11
seek enforcement of, the rights of the Hopi 12
Tribe under the Settlement Agreement, whether 13
those rights are generally stated or specifically 14
described, or this Act, in any Federal or State 15
court of competent jurisdiction; 16
(B) to assert claims for injuries to, and 17
seek enforcement of, the rights of the Hopi 18
Tribe under the LCR Decree; 19
(C) to assert claims for Water Rights for 20
land owned or acquired by the Hopi Tribe in 21
fees, or held in trust by the United States for 22
the Hopi Tribe, in the LCR Watershed pursu-23
ant to subparagraphs 5.10 and 5.11 of the Set-24
tlement Agreement; 25
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ssavage on LAPJG3WLY3PROD with BILLS 198
•S 953 IS
(D) to object to any claims for Water 1
Rights by or for— 2
(i) any Indian Tribe other than the 3
Navajo Nation, the San Juan Southern 4
Paiute Tribe, and the Zuni Tribe; or 5
(ii) the United States acting on behalf 6
of any Indian Tribe, other than the Navajo 7
Nation, the San Juan Southern Paiute 8
Tribe, and the Zuni Tribe; and 9
(E) to assert past, present, or future 10
claims for Injury to Water Rights against— 11
(i) any Indian Tribe other than the 12
Navajo Nation, the San Juan Southern 13
Paiute Tribe, and the Zuni Tribe; or 14
(ii) the United States acting on behalf 15
of any Indian Tribe, other than the Navajo 16
Nation, the San Juan Southern Paiute 17
Tribe, and the Zuni Tribe. 18
(f) W
AIVERS, RELEASES ANDRETENTION OFCLAIMS 19
FORWATERRIGHTS, INJURY TOWATERRIGHTS, AND 20
I
NJURY TOWATER BY THEUNITEDSTATES, ACTING AS 21
T
RUSTEE FOR THE HOPIALLOTTEESAGAINST THE 22
S
TATE ANDOTHERS.— 23
(1) I
N GENERAL.—Except as provided in para-24
graph (3), the United States, acting as trustee for 25
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ssavage on LAPJG3WLY3PROD with BILLS 199
•S 953 IS
the Hopi Allottees, as part of the performance of the 1
obligations of the United States under the Settle-2
ment Agreement and this Act, is authorized to exe-3
cute a waiver and release of all claims against the 4
State (or any agency or political subdivision of the 5
State), the Hopi Tribe, the Navajo Nation, the Nav-6
ajo Allottees, and the San Juan Southern Paiute 7
Tribe, and any other individual, entity, corporation, 8
or municipal corporation under Federal, State, or 9
other law, for all of the following: 10
(A) Past, present, and future claims for 11
Water Rights, including rights to Colorado 12
River Water, for Hopi Allotments, arising from 13
time immemorial, and, thereafter, forever. 14
(B) Past, present, and future claims for 15
Water Rights, including rights to Colorado 16
River Water, arising from time immemorial 17
and, thereafter, forever, that are based on the 18
aboriginal occupancy of land within the State 19
by the Hopi Allottees or predecessors of the 20
Hopi Allottees. 21
(C) Past and present claims for Injury to 22
Water Rights, including injury to rights to Col-23
orado River Water, for Hopi Allotments, arising 24
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ssavage on LAPJG3WLY3PROD with BILLS 200
•S 953 IS
from time immemorial through the Enforce-1
ability Date. 2
(D) Past, present, and future claims for 3
Injury to Water for Hopi Allotments, arising 4
from time immemorial and, thereafter, forever. 5
(E) Past, present, and future claims for 6
Injury to Water Rights, including injury to 7
rights to Colorado River Water, arising from 8
time immemorial and, thereafter, forever, that 9
are based on the aboriginal occupancy of land 10
within the State by Hopi Allottees or prede-11
cessors of the Hopi Allottees. 12
(F) Claims for Injury to Water Rights, in-13
cluding injury to rights to Colorado River 14
Water, arising after the Enforceability Date, 15
for the Hopi Allotments, resulting from the di-16
version or Use of water outside of the Hopi Al-17
lotments in a manner not in violation of the 18
Settlement Agreement or State law. 19
(G) Past, present, and future claims aris-20
ing out of, or relating in any manner to, the ne-21
gotiation, execution, or adoption of the Settle-22
ment Agreement, any judgment or decree ap-23
proving or incorporating the Settlement Agree-24
ment, or this Act. 25
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ssavage on LAPJG3WLY3PROD with BILLS 201
•S 953 IS
(2) FORM; EFFECTIVE DATE.—The waiver and 1
release of claims described in paragraph (1) shall— 2
(A) be in the form described in Exhibit 3
13.7 of the Settlement Agreement; and 4
(B) take effect on the Enforceability Date. 5
(3) R
ETENTION OF CLAIMS .—Notwithstanding 6
the waiver and release of claims described in para-7
graph (1) and Exhibit 13.7 of the Settlement Agree-8
ment, the United States acting as trustee for the 9
Hopi Allottees, shall retain any right— 10
(A) to assert claims for injuries to, and 11
seek enforcement of, the rights of the Hopi 12
Allottees under the Settlement Agreement, 13
whether those rights are generally stated or 14
specifically described, or this Act, in any Fed-15
eral or State court of competent jurisdiction; 16
(B) to assert claims for injuries to, and 17
seek enforcement of, the rights of the Hopi 18
Allottees under the LCR Decree; 19
(C) to object to any claims for Water 20
Rights by or for— 21
(i) any Indian Tribe other than the 22
Hopi Tribe, the Navajo Nation, the San 23
Juan Southern Paiute Tribe, and the Zuni 24
Tribe; or 25
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•S 953 IS
(ii) the United States acting on behalf 1
of any Indian Tribe other than the Hopi 2
Tribe, the Navajo Nation, the San Juan 3
Southern Paiute Tribe, and the Zuni 4
Tribe; and 5
(D) to assert past, present, or future 6
claims for Injury to Water Rights against— 7
(i) any Indian Tribe other than the 8
Hopi Tribe, the Navajo Nation, the San 9
Juan Southern Paiute Tribe, and the Zuni 10
Tribe; or 11
(ii) the United States acting on behalf 12
of any Indian Tribe other than the Hopi 13
Tribe, the Navajo Nation, the San Juan 14
Southern Paiute Tribe, and the Zuni 15
Tribe. 16
(g) W
AIVERS, RELEASES AND RETENTION OF 17
C
LAIMS FORWATERRIGHTS, INJURY TOWATERRIGHTS, 18
ANDINJURY TOWATER BY THEHOPITRIBE, ONBEHALF 19
OF THEHOPITRIBE AND THEMEMBERS OF THE HOPI 20
T
RIBE(BUTNOTMEMBERS IN THE CAPACITY OF THE 21
M
EMBERS ASHOPIALLOTTEES), AGAINST THEUNITED 22
S
TATES.— 23
(1) I
N GENERAL.—Except as provided in para-24
graph (3), the Hopi Tribe, acting on behalf of the 25
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•S 953 IS
Hopi Tribe and the Members of the Hopi Tribe (but 1
not Members in the capacity of the Members as 2
Hopi Allottees), as part of the performance of the 3
obligations of the Hopi Tribe under the Settlement 4
Agreement and this Act, is authorized to execute a 5
waiver and release of all claims against the United 6
States, including agencies, officials, and employees 7
of the United States, under Federal, State, or other 8
law for all of the following: 9
(A) Past, present, and future claims for 10
Water Rights, including rights to Colorado 11
River Water, for Hopi Land, arising from time 12
immemorial and, thereafter, forever. 13
(B) Past, present, and future claims for 14
Water Rights, including rights to Colorado 15
River Water, arising from time immemorial 16
and, thereafter, forever, that are based on the 17
aboriginal occupancy of land within the State 18
by the Hopi Tribe, the predecessors of the Hopi 19
Tribe, the Members of the Hopi Tribe, or pred-20
ecessors of the Members of the Hopi Tribe. 21
(C) Claims for Water Rights within the 22
State that the United States, acting as trustee 23
for the Hopi Tribe and Hopi Allottees, asserted 24
or could have asserted in any proceeding, except 25
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•S 953 IS
to the extent that such rights are recognized as 1
part of the Hopi Tribe’s Water Rights under 2
this Act. 3
(D) Past and present claims for Injury to 4
Water Rights, including injury to rights to Col-5
orado River Water, for Hopi Land, arising from 6
time immemorial through the Enforceability 7
Date. 8
(E) Past, present, and future claims for 9
Injury to Water for Hopi Land, arising from 10
time immemorial and, thereafter, forever. 11
(F) Past, present, and future claims for 12
Injury to Water Rights, including injury to 13
rights to Colorado River Water, arising from 14
time immemorial and, thereafter, forever, that 15
are based on the aboriginal occupancy of land 16
within the State by the Hopi Tribe, the prede-17
cessors of the Hopi Tribe, the Members of the 18
Hopi Tribe, or predecessors of the Members of 19
the Hopi Tribe. 20
(G) Claims for Injury to Water Rights, in-21
cluding injury to rights to Colorado River 22
Water, arising after the Enforceability Date for 23
Hopi Land, resulting from the diversion or Use 24
of water outside of Hopi Land in a manner not 25
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•S 953 IS
in violation of the Settlement Agreement or 1
State law. 2
(H) Past, present, and future claims aris-3
ing out of, or relating in any manner to, the ne-4
gotiation, execution, or adoption of the Settle-5
ment Agreement, any judgment or decree ap-6
proving or incorporating the Settlement Agree-7
ment, or this Act. 8
(I) Past, present, and future claims arising 9
out of, or relating in any manner to, United 10
States Geological Survey monitoring and re-11
porting activities described in paragraph 7.0 of 12
the Settlement Agreement. 13
(J) Past, present, and future claims aris-14
ing from time immemorial and, thereafter, for-15
ever, relating in any manner to Injury to Water 16
or Injury to Water Rights based on the provi-17
sions of paragraphs 8.0 and 9.0 of the Settle-18
ment Agreement. 19
(K) Past and present claims for foregone 20
benefits from non-Hopi Use of water, on and 21
off Hopi Land (including water from all sources 22
and for all Uses), within the State arising be-23
fore the Enforceability Date. 24
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•S 953 IS
(L) Past and present claims for damage, 1
loss, or injury to land, or natural resources due 2
to loss of water or Water Rights, including 3
damages, losses, or injuries to hunting, fishing, 4
gathering, or cultural rights due to loss of 5
water or Water Rights, claims relating to inter-6
ference with, diversion of, or taking of water, or 7
claims relating to a failure to protect, acquire, 8
replace, or develop water, Water Rights, or 9
water infrastructure, within the State, arising 10
before the Enforceability Date. 11
(M) Past and present claims arising before 12
the Enforceability Date from a failure to pro-13
vide for operation, maintenance, or deferred 14
maintenance for any irrigation system or irriga-15
tion project on Hopi Land. 16
(N) Past and present claims arising before 17
the Enforceability Date from a failure to estab-18
lish or provide a municipal, rural, or industrial 19
water delivery system on Hopi Land. 20
(O) Past and present claims for damage, 21
loss, or injury to land or natural resources due 22
to construction, operation, and management of 23
irrigation projects on Hopi Land, including 24
damages, losses, or injuries to fish habitat, 25
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•S 953 IS
wildlife, and wildlife habitat, within the State 1
arising before the Enforceability Date. 2
(2) F
ORM; EFFECTIVE DATE.—The waiver and 3
release of claims described in paragraph (1) shall— 4
(A) be in the form described in Exhibit 5
13.8 to the Settlement Agreement; and 6
(B) take effect on the Enforceability Date. 7
(3) R
ETENTION OF CLAIMS .—Notwithstanding 8
the waiver and release of claims described in para-9
graph (1) and Exhibit 13.8 to the Settlement Agree-10
ment, the Hopi Tribe and the Members of the Hopi 11
Tribe (but not Members in the capacity of the Mem-12
bers as Hopi Allottees) shall retain any right— 13
(A) to assert claims for injuries to, and 14
seek enforcement of, the rights of the Hopi 15
Tribe under the Settlement Agreement, whether 16
those rights are generally stated or specifically 17
described, or this Act, in any Federal or State 18
court of competent jurisdiction; 19
(B) to assert claims for injuries to, and 20
seek enforcement of, the rights of the Hopi 21
Tribe under the LCR Decree; 22
(C) to assert claims for Water Rights for 23
land owned or acquired by the Hopi Tribe in 24
fees in the LCR Watershed pursuant to sub-25
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•S 953 IS
paragraphs 5.10 and 5.11 of the Settlement 1
Agreement; 2
(D) to object to any claims for Water 3
Rights by or for— 4
(i) any Indian Tribe other than the 5
Navajo Nation, the San Juan Southern 6
Paiute Tribe, and the Zuni Tribe; or 7
(ii) the United States acting on behalf 8
of any Indian Tribe other than the Navajo 9
Nation, the San Juan Southern Paiute 10
Tribe, and the Zuni Tribe; and 11
(E) to assert past, present, or future 12
claims for Injury to Water Rights against— 13
(i) any Indian Tribe other than the 14
Navajo Nation, the San Juan Southern 15
Paiute Tribe, and the Zuni Tribe; or 16
(ii) the United States acting on behalf 17
of any Indian Tribe other than the Navajo 18
Nation, the San Juan Southern Paiute 19
Tribe, and the Zuni Tribe. 20
(h) W
AIVERS, RELEASES AND RETENTION OF 21
C
LAIMS BY THE UNITEDSTATES INALLCAPACITIES 22
(E
XCEPT ASTRUSTEE FOR AN INDIANTRIBEOTHER 23
T
HAN THENAVAJONATION, THEHOPITRIBE, AND THE 24
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•S 953 IS
SANJUANSOUTHERNPAIUTETRIBE) AGAINST THE 1
H
OPITRIBE AND THEMEMBERS OF THEHOPITRIBE.— 2
(1) I
N GENERAL.—Except as provided in para-3
graph (3), the United States, in all capacities (ex-4
cept as trustee for an Indian Tribe other than the 5
Navajo Nation, the Hopi Tribe, and the San Juan 6
Southern Paiute Tribe), as part of the performance 7
of the obligations of the United States under the 8
Settlement Agreement and this Act, is authorized to 9
execute a waiver and release of all claims against the 10
Hopi Tribe, the Members of the Hopi Tribe, or any 11
agency, official, or employee of the Hopi Tribe, 12
under Federal, State, or any other law for all of the 13
following: 14
(A) Past and present claims for Injury to 15
Water Rights, including injury to rights to Col-16
orado River Water, resulting from the diversion 17
or Use of water on Hopi Land arising from 18
time immemorial through the Enforceability 19
Date. 20
(B) Claims for Injury to Water Rights, in-21
cluding injury to rights to Colorado River 22
Water, arising after the Enforceability Date, re-23
sulting from the diversion or Use of water on 24
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•S 953 IS
Hopi Land in a manner that is not in violation 1
of the Settlement Agreement or State law. 2
(C) Past, present, and future claims aris-3
ing out of, or related in any manner to, the ne-4
gotiation, execution, or adoption of the Settle-5
ment Agreement, any judgment or decree ap-6
proving or incorporating the Settlement Agree-7
ment, or this Act. 8
(2) F
ORM; EFFECTIVE DATE.—The waiver and 9
release of claims described in paragraph (1) shall— 10
(A) be in the form described in Exhibit 11
13.9 to the Settlement Agreement; and 12
(B) take effect on the Enforceability Date. 13
(3) R
ETENTION OF CLAIMS .—Notwithstanding 14
the waiver and release of claims described in para-15
graph (1) and Exhibit 13.9 to the Settlement Agree-16
ment, the United States shall retain any right to as-17
sert any claim not expressly waived in accordance 18
with that paragraph and that Exhibit, in any Fed-19
eral or State court of competent jurisdiction. 20
(i) W
AIVERS, RELEASES ANDRETENTION OFCLAIMS 21
FORWATERRIGHTS, INJURY TOWATERRIGHTS, AND 22
I
NJURY TOWATER BY THESANJUANSOUTHERNPAIUTE 23
T
RIBE, ONBEHALF OF THE SANJUANSOUTHERNPAI-24
UTETRIBE AND THE MEMBERS OF THE SANJUAN 25
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•S 953 IS
SOUTHERNPAIUTETRIBE, AND THEUNITEDSTATES, 1
A
CTING ASTRUSTEE FOR THESANJUANSOUTHERNPAI-2
UTETRIBE AND THE MEMBERS OF THE SANJUAN 3
S
OUTHERNPAIUTETRIBEAGAINST THESTATE AND 4
O
THERS.— 5
(1) I
N GENERAL.—Except as provided in para-6
graph (3), the San Juan Southern Paiute Tribe, on 7
behalf of the San Juan Southern Paiute Tribe and 8
the Members of the San Juan Southern Paiute 9
Tribe, and the United States, acting as trustee for 10
the San Juan Southern Paiute Tribe and the Mem-11
bers of the San Juan Southern Paiute Tribe, as part 12
of the performance of the respective obligations of 13
the San Juan Southern Paiute Tribe and the United 14
States under the Settlement Agreement and this 15
Act, is authorized to execute a waiver and release of 16
all claims against the State (or any agency or polit-17
ical subdivision of the State), the Hopi Tribe, the 18
Hopi Allottees, the Navajo Nation, the Navajo 19
Allottees, and any other individual, entity, corpora-20
tion, or municipal corporation under Federal, State, 21
or other law for all of the following: 22
(A) Past, present, and future claims for 23
Water Rights, including rights to Colorado 24
River Water, for San Juan Southern Paiute 25
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•S 953 IS
Land, arising from time immemorial and, there-1
after, forever. 2
(B) Past, present, and future claims for 3
Water Rights, including rights to Colorado 4
River Water, arising from time immemorial 5
and, thereafter, forever, that are based on the 6
aboriginal occupancy of land within the State 7
by the San Juan Southern Paiute Tribe, the 8
predecessors of the San Juan Southern Paiute 9
Tribe, the Members of the San Juan Southern 10
Paiute Tribe, or predecessors of the Members of 11
the San Juan Southern Paiute Tribe. 12
(C) Past and present claims for Injury to 13
Water Rights, including injury to rights to Col-14
orado River Water, for San Juan Southern Pai-15
ute Land, arising from time immemorial 16
through the Enforceability Date. 17
(D) Past, present, and future claims for 18
Injury to Water for San Juan Southern Paiute 19
Land, arising from time immemorial and, there-20
after, forever. 21
(E) Past, present, and future claims for 22
Injury to Water Rights, including injury to 23
rights to Colorado River Water, arising from 24
time immemorial and, thereafter, forever, that 25
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•S 953 IS
are based on the aboriginal occupancy of land 1
within the State by the San Juan Southern Pai-2
ute Tribe, the predecessors of the San Juan 3
Southern Paiute Tribe, the Members of the San 4
Juan Southern Paiute Tribe, or predecessors of 5
the Members of the San Juan Southern Paiute 6
Tribe. 7
(F) Claims for Injury to Water Rights, in-8
cluding injury to rights to Colorado River 9
Water, arising after the Enforceability Date, 10
for San Juan Southern Paiute Land, resulting 11
from the diversion or Use of water outside of 12
San Juan Southern Paiute Land in a manner 13
not in violation of the Settlement Agreement or 14
State law. 15
(G) Past, present, and future claims aris-16
ing out of, or relating in any manner to, the ne-17
gotiation, execution, or adoption of the Settle-18
ment Agreement, any judgment or decree ap-19
proving or incorporating the Settlement Agree-20
ment, or this Act. 21
(2) F
ORM; EFFECTIVE DATE.—The waiver and 22
release of claims described in paragraph (1) shall— 23
(A) be in the form described in Exhibit 24
13.11 to the Settlement Agreement; and 25
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•S 953 IS
(B) take effect on the Enforceability Date. 1
(3) R
ETENTION OF CLAIMS .—Notwithstanding 2
the waiver and release of claims described in para-3
graph (1) and Exhibit 13.11 to the Settlement 4
Agreement, the San Juan Southern Paiute Tribe, 5
acting on behalf of the San Juan Southern Paiute 6
Tribe and the Members of the San Juan Southern 7
Paiute Tribe, and the United States, acting as trust-8
ee for the San Juan Southern Paiute Tribe and the 9
Members of the San Juan Southern Paiute Tribe, 10
shall retain any right— 11
(A) to assert claims for injuries to, and 12
seek enforcement of, the rights of the San Juan 13
Southern Paiute Tribe under the Settlement 14
Agreement, whether those rights are generally 15
stated or specifically described, or this Act, in 16
any Federal or State court of competent juris-17
diction; 18
(B) to assert claims for injuries to, and 19
seek enforcement of, the rights of the San Juan 20
Southern Paiute Tribe under the LCR Decree; 21
(C) to assert claims for Water Rights for 22
land owned or acquired by the San Juan South-23
ern Paiute Tribe in fees or held in trust by the 24
United States for the San Juan Southern Pai-25
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•S 953 IS
ute Tribe in the LCR Watershed pursuant to 1
subparagraphs 6.4 and 6.5 of the Settlement 2
Agreement; 3
(D) to object to any claims for Water 4
Rights by or for— 5
(i) any Indian Tribe other than the 6
Hopi Tribe, the Navajo Nation, and the 7
Zuni Tribe; or 8
(ii) the United States acting on behalf 9
of any Indian Tribe, other than the Hopi 10
Tribe, the Navajo Nation, and the Zuni 11
Tribe; and 12
(E) to assert past, present, or future 13
claims for Injury to Water Rights against— 14
(i) any Indian Tribe other than the 15
Hopi Tribe, the Navajo Nation, and the 16
Zuni Tribe; or 17
(ii) the United States acting on behalf 18
of any Indian Tribe, other than the Hopi 19
Tribe, the Navajo Nation, and the Zuni 20
Tribe. 21
(j) W
AIVERS, RELEASES ANDRETENTION OFCLAIMS 22
FORWATERRIGHTS, INJURY TOWATERRIGHTS, AND 23
I
NJURY TOWATER BY THESANJUANSOUTHERNPAIUTE 24
T
RIBE, ONBEHALF OF THE SANJUANSOUTHERNPAI-25
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•S 953 IS
UTETRIBE AND THE MEMBERS OF THE SANJUAN 1
S
OUTHERN PAIUTETRIBE, AGAINST THE UNITED 2
S
TATES.— 3
(1) I
N GENERAL.—Except as provided in para-4
graph (3), the San Juan Southern Paiute Tribe, act-5
ing on behalf of the San Juan Southern Paiute 6
Tribe and the Members of the San Juan Southern 7
Paiute Tribe, as part of the performance of the obli-8
gations of the San Juan Southern Paiute Tribe 9
under the Settlement Agreement and this Act, is au-10
thorized to execute a waiver and release of all claims 11
against the United States, including agencies, offi-12
cials, and employees of the United States, under 13
Federal, State, or other law for all of the following: 14
(A) Past, present, and future claims for 15
Water Rights, including rights to Colorado 16
River Water, for San Juan Southern Paiute 17
Land, arising from time immemorial and, there-18
after, forever. 19
(B) Past, present, and future claims for 20
Water Rights, including rights to Colorado 21
River Water, arising from time immemorial 22
and, thereafter, forever, that are based on the 23
aboriginal occupancy of land within the State 24
by the San Juan Southern Paiute Tribe, the 25
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•S 953 IS
predecessors of the San Juan Southern Paiute 1
Tribe, the Members of the San Juan Southern 2
Paiute Tribe, or predecessors of the Members of 3
the San Juan Southern Paiute Tribe. 4
(C) Claims for Water Rights within the 5
State that the United States, acting as trustee 6
for the San Juan Southern Paiute Tribe, as-7
serted or could have asserted in any proceeding, 8
except to the extent that such rights are recog-9
nized as part of the San Juan Southern Paiute 10
Tribe’s Water Rights under this Act. 11
(D) Past and present claims for Injury to 12
Water Rights, including injury to rights to Col-13
orado River Water, for San Juan Southern Pai-14
ute Land, arising from time immemorial 15
through the Enforceability Date. 16
(E) Past, present, and future claims for 17
Injury to Water for San Juan Southern Paiute 18
Land, arising from time immemorial and, there-19
after, forever. 20
(F) Past, present, and future claims for 21
Injury to Water Rights, including injury to 22
rights to Colorado River Water, arising from 23
time immemorial and, thereafter, forever, that 24
are based on the aboriginal occupancy of land 25
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ssavage on LAPJG3WLY3PROD with BILLS 218
•S 953 IS
within the State by the San Juan Southern Pai-1
ute Tribe, the predecessors of the San Juan 2
Southern Paiute Tribe, the Members of the San 3
Juan Southern Paiute Tribe, or predecessors of 4
the Members of the San Juan Southern Paiute 5
Tribe. 6
(G) Claims for Injury to Water Rights, in-7
cluding injury to rights to Colorado River 8
Water, arising after the Enforceability Date for 9
San Juan Southern Paiute Land, resulting 10
from the diversion or Use of water outside of 11
San Juan Southern Paiute Land in a manner 12
not in violation of this Agreement or State law. 13
(H) Past, present, and future claims aris-14
ing out of, or relating in any manner to, the ne-15
gotiation, execution, or adoption of this Agree-16
ment, any judgment or decree approving or in-17
corporating this Agreement, or this Act. 18
(I) Past, present, and future claims arising 19
out of, or relating in any manner to, United 20
States Geological Survey monitoring and re-21
porting activities described in paragraph 7.0 of 22
the Settlement Agreement. 23
(J) Past, present, and future claims aris-24
ing from time immemorial and, thereafter, for-25
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•S 953 IS
ever, relating in any manner to Injury to Water 1
or Injury to Water Rights based on the provi-2
sions of paragraphs 8.0 and 9.0 of the Settle-3
ment Agreement. 4
(K) Past and present claims for foregone 5
benefits from non-San Juan Southern Paiute 6
Tribe Use of water, on and off San Juan 7
Southern Paiute Land (including water from all 8
sources and for all Uses), within the State aris-9
ing before the Enforceability Date. 10
(L) Past and present claims for damage, 11
loss, or injury to land, or natural resources due 12
to loss of water or Water Rights, including 13
damages, losses, or injuries to hunting, fishing, 14
gathering, or cultural rights due to loss of 15
water or Water Rights, claims relating to inter-16
ference with, diversion of, or taking of water, or 17
claims relating to a failure to protect, acquire, 18
replace, or develop water, Water Rights, or 19
water infrastructure, within the State, arising 20
before the Enforceability Date. 21
(M) Past and present claims arising before 22
the Enforceability Date from a failure to pro-23
vide for operation, maintenance, or deferred 24
maintenance for any irrigation system or irriga-25
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•S 953 IS
tion project on San Juan Southern Paiute 1
Land. 2
(N) Past and present claims arising before 3
the Enforceability Date from a failure to estab-4
lish or provide a municipal, rural, or industrial 5
water delivery system on San Juan Southern 6
Paiute Land. 7
(O) Past and present claims for damage, 8
loss, or injury to land or natural resources due 9
to construction, operation, and management of 10
irrigation projects on San Juan Southern Pai-11
ute Land, including damages, losses, or injuries 12
to fish habitat, wildlife, and wildlife habitat, 13
within the State arising before the Enforce-14
ability Date. 15
(2) F
ORM; EFFECTIVE DATE.—The waiver and 16
release of claims described in paragraph (1) shall 17
be— 18
(A) in the form described in Exhibit 13.12 19
to the Settlement Agreement; and 20
(B) take effect on the Enforceability Date. 21
(3) R
ETENTION OF CLAIMS .—Notwithstanding 22
the waiver and release of claims described in para-23
graph (1) and Exhibit 13.12 to the Settlement 24
Agreement, the San Juan Southern Paiute Tribe, 25
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•S 953 IS
acting on behalf of the San Juan Southern Paiute 1
Tribe and the Members of the San Juan Southern 2
Paiute Tribe shall retain any right— 3
(A) to assert claims for injuries to, and 4
seek enforcement of, the rights of the San Juan 5
Southern Paiute Tribe under the Settlement 6
Agreement, whether those rights are generally 7
stated or specifically described, or this Act, in 8
any Federal or State court of competent juris-9
diction; 10
(B) to assert claims for injuries to, and 11
seek enforcement of, the rights of the San Juan 12
Southern Paiute Tribe under the LCR Decree; 13
(C) to assert claims for Water Rights for 14
land owned or acquired by the San Juan South-15
ern Paiute Tribe in fees in the LCR Watershed 16
pursuant to subparagraphs 6.4 and 6.5 of the 17
Settlement Agreement; 18
(D) to object to any claims for Water 19
Rights by or for— 20
(i) any Indian Tribe other than the 21
Hopi Tribe, the Navajo Nation, and the 22
Zuni Tribe; or 23
(ii) the United States acting on behalf 24
of any Indian Tribe, other than the Hopi 25
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•S 953 IS
Tribe, the Navajo Nation, and the Zuni 1
Tribe; and 2
(E) to assert past, present, or future 3
claims for Injury to Water Rights against— 4
(i) any Indian Tribe other than the 5
Hopi Tribe, the Navajo Nation, and the 6
Zuni Tribe; or 7
(ii) the United States acting on behalf 8
of any Indian Tribe, other than the Hopi 9
Tribe, the Navajo Nation, and the Zuni 10
Tribe. 11
(k) W
AIVERS, RELEASES AND RETENTION OF 12
C
LAIMS BY THEUNITEDSTATES INALLCAPACITIES(EX-13
CEPT ASTRUSTEE FOR AN INDIANTRIBEOTHERTHAN 14
THENAVAJONATION, THEHOPITRIBE, AND THESAN 15
J
UANSOUTHERNPAIUTETRIBE) AGAINST THE SAN 16
J
UANSOUTHERNPAIUTETRIBE AND THEMEMBERS OF 17
THESANJUANSOUTHERNPAIUTETRIBE.— 18
(1) I
N GENERAL.—Except as provided in para-19
graph (3), the United States, in all capacities (ex-20
cept as trustee for an Indian Tribe other than the 21
Navajo Nation, the Hopi Tribe, and the San Juan 22
Southern Paiute Tribe), as part of the performance 23
of the obligations of the United States under the 24
Settlement Agreement and this Act, is authorized to 25
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•S 953 IS
execute a waiver and release of all claims against the 1
San Juan Southern Paiute Tribe, the Members of 2
the San Juan Southern Paiute Tribe, or any agency, 3
official, or employee of the San Juan Southern Pai-4
ute Tribe, under Federal, State, or any other law for 5
all: 6
(A) Past and present claims for Injury to 7
Water Rights, including injury to rights to Col-8
orado River Water, resulting from the diversion 9
or Use of water on San Juan Southern Paiute 10
Land arising from time immemorial through 11
the Enforceability Date. 12
(B) Claims for Injury to Water Rights, in-13
cluding injury to rights to Colorado River 14
Water, arising after the Enforceability Date, re-15
sulting from the diversion or Use of water on 16
San Juan Southern Paiute Land in a manner 17
that is not in violation of the Settlement Agree-18
ment or State law. 19
(C) Past, present, and future claims aris-20
ing out of, or related in any manner to, the ne-21
gotiation, execution, or adoption of the Settle-22
ment Agreement, any judgment or decree ap-23
proving or incorporating the Settlement Agree-24
ment, or this Act. 25
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(2) FORM; EFFECTIVE DATE.—The waiver and 1
release of claims described in paragraph (1) shall— 2
(A) be in the form described in Exhibit 3
13.13 to the Settlement Agreement; and 4
(B) take effect on the Enforceability Date. 5
(3) R
ETENTION OF CLAIMS .—Notwithstanding 6
the waiver and release of claims described in para-7
graph (1) and Exhibit 13.13 to the Settlement 8
Agreement, the United States shall retain any right 9
to assert any claim not expressly waived in accord-10
ance with that paragraph and that Exhibit, in any 11
Federal or State court of competent jurisdiction. 12
SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER 13
BENEFITS. 14
(a) N
AVAJONATION AND THE MEMBERS OF THE 15
N
AVAJONATION; NAVAJOALLOTTEES AND THE UNITED 16
S
TATES, ACTING AS TRUSTEE FOR THE NAVAJO 17
A
LLOTTEES.— 18
(1) N
AVAJO NATION AND THE MEMBERS OF 19
THE NAVAJO NATION.— 20
(A) I
N GENERAL.—The benefits provided 21
under the Settlement Agreement shall be in 22
complete replacement of, complete substitution 23
for, and full satisfaction of any claim of the 24
Navajo Nation and the Members of the Navajo 25
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Nation against the Parties, including the 1
United States, that is waived and released by 2
the Navajo Nation acting on behalf of the Nav-3
ajo Nation and the Members of the Navajo Na-4
tion under Exhibits 13.1 and 13.3 to the Settle-5
ment Agreement. 6
(B) S
ATISFACTION OF WATER RIGHTS .— 7
Any entitlement to water of the Navajo Nation 8
and the Members of the Navajo Nation (but not 9
Members in the capacity of the Members as 10
Navajo Allottees) or the United States acting as 11
trustee for the Navajo Nation and the Members 12
of the Navajo Nation (but not Members in the 13
capacity of the Members as Navajo Allottees), 14
for Navajo Land shall be satisfied out of the 15
water resources and other benefits granted, 16
confirmed, quantified, or recognized by the Set-17
tlement Agreement and this Act, to or for the 18
Navajo Nation, the Members of the Navajo Na-19
tion (but not Members in the capacity of the 20
Members as Navajo Allottees), and the United 21
States, acting as trustee for the Navajo Nation 22
and the Members of the Navajo Nation (but not 23
Members in the capacity of the Members as 24
Navajo Allottees). 25
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(2) NAVAJO ALLOTTEES AND THE UNITED 1
STATES, ACTING AS TRUSTEE FOR THE NAVAJO 2
ALLOTTEES.— 3
(A) I
N GENERAL.—The benefits realized 4
by the Navajo Allottees under the Settlement 5
Agreement and this Act shall be in complete re-6
placement of, complete substitution for, and full 7
satisfaction of— 8
(i) all claims waived and released by 9
the United States (acting as trustee for 10
the Navajo Allottees) under Exhibit 13.2 11
to the Settlement Agreement; and 12
(ii) any claims of the Navajo Allottees 13
against the United States similar to the 14
claims described in Exhibit 13.2 to the 15
Settlement Agreement that the Navajo 16
Allottees asserted or could have asserted. 17
(B) S
ATISFACTION OF WATER RIGHTS .— 18
Any entitlement to water of the Navajo 19
Allottees or the United States acting as trustee 20
for the Navajo Allottees, for Navajo Allotments 21
shall be satisfied out of the water resources and 22
other benefits granted, confirmed, or recognized 23
by the Settlement Agreement and this Act, to 24
or for the Navajo Allottees and the United 25
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States, acting as trustee for the Navajo 1
Allottees. 2
(3) N
O RIGHT ESTABLISHED.—Notwithstanding 3
paragraphs (1) and (2), nothing in the Settlement 4
Agreement or this Act recognizes or establishes any 5
right of a Member of the Navajo Nation (but not 6
Members in the capacity of the Members as Navajo 7
Allottees) to water on Navajo Land. 8
(b) H
OPITRIBE AND THEMEMBERS OF THE HOPI 9
T
RIBE; HOPIALLOTTEES AND THE UNITEDSTATES, 10
A
CTING ASTRUSTEE FOR THEHOPIALLOTTEES.— 11
(1) H
OPI TRIBE AND THE MEMBERS OF THE 12
HOPI TRIBE.— 13
(A) I
N GENERAL.—The benefits provided 14
under the Settlement Agreement shall be in 15
complete replacement of, complete substitution 16
for, and full satisfaction of any claim of the 17
Hopi Tribe and the Members of the Hopi Tribe 18
against the Parties, including the United 19
States, that is waived and released by the Hopi 20
Tribe acting on behalf of the Hopi Tribe and 21
the Members of the Hopi Tribe under Exhibits 22
13.6 and 13.8 to the Settlement Agreement. 23
(B) S
ATISFACTION OF WATER RIGHTS .— 24
Any entitlement to water of the Hopi Tribe and 25
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the Members of the Hopi Tribe (but not Mem-1
bers in the capacity of the Members as Hopi 2
Allottees) or the United States acting as trustee 3
for the Hopi Tribe and the Members of the 4
Hopi Tribe (but not Members in the capacity of 5
the Members as Hopi Allottees), for Hopi Land 6
shall be satisfied out of the water resources and 7
other benefits granted, confirmed, quantified, or 8
recognized by the Settlement Agreement and 9
this Act, to or for the Hopi Tribe, the Members 10
of the Hopi Tribe (but not Members in the ca-11
pacity of the Members as Hopi Allottees), and 12
the United States, acting as trustee for the 13
Hopi Tribe and the Members of the Hopi Tribe 14
(but not Members in the capacity of the Mem-15
bers as Hopi Allottees). 16
(2) H
OPI ALLOTTEES AND THE UNITED 17
STATES, ACTING AS TRUSTEE FOR THE HOPI 18
ALLOTTEES.— 19
(A) I
N GENERAL.—The benefits realized 20
by the Hopi Allottees under the Settlement 21
Agreement shall be in complete replacement of, 22
complete substitution for, and full satisfaction 23
of— 24
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(i) all claims waived and released by 1
the United States (acting as trustee for 2
the Hopi Allottees) under Exhibit 13.7 to 3
the Settlement Agreement; and 4
(ii) any claims of the Hopi Allottees 5
against the United States similar to the 6
claims described in Exhibit 13.7 to the 7
Settlement Agreement that the Hopi 8
Allottees asserted or could have asserted. 9
(B) S
ATISFACTION OF WATER RIGHTS .— 10
Any entitlement to water of the Hopi Allottees 11
or the United States acting trustee for the Hopi 12
Allottees, for Hopi Allotments shall be satisfied 13
out of the water resources and other benefits 14
granted, confirmed, or recognized by the Settle-15
ment Agreement and this Act, to or for the 16
Hopi Allottees and the United States, acting as 17
trustee for the Hopi Allottees. 18
(3) N
O RIGHT ESTABLISHED.—Notwithstanding 19
paragraphs (1) and (2), nothing in the Settlement 20
Agreement or this Act recognizes or establishes any 21
right of a Member of the Hopi Tribe (but not Mem-22
bers in the capacity of the Members as Hopi 23
Allottees) to water on Hopi Land. 24
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(c) SANJUANSOUTHERNPAIUTETRIBE AND THE 1
M
EMBERS OF THE SANJUANSOUTHERN PAIUTE 2
T
RIBE.— 3
(1) I
N GENERAL.—The benefits provided under 4
the Settlement Agreement shall be in complete re-5
placement of, complete substitution for, and full sat-6
isfaction of any claim of the San Juan Southern 7
Paiute Tribe and the Members of the San Juan 8
Southern Paiute Tribe against the Parties, including 9
the United States, that is waived and released by the 10
San Juan Southern Paiute Tribe acting on behalf of 11
the San Juan Southern Paiute Tribe and the Mem-12
bers of the San Juan Southern Paiute Tribe under 13
Exhibits 13.11 and 13.12 to the Settlement Agree-14
ment. 15
(2) S
ATISFACTION OF WATER RIGHTS .—Any 16
entitlement to water of the San Juan Southern Pai-17
ute Tribe and the Members of the San Juan South-18
ern Paiute Tribe or the United States, acting as 19
trustee for the San Juan Southern Paiute Tribe and 20
the Members of the San Juan Southern Paiute 21
Tribe, for San Juan Southern Paiute Land shall be 22
satisfied out of the water resources and other bene-23
fits granted, confirmed, quantified, or recognized by 24
the Settlement Agreement and this Act, to or for the 25
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San Juan Southern Paiute Tribe and the Members 1
of the San Juan Southern Paiute Tribe and the 2
United States, acting as trustee for the San Juan 3
Southern Paiute Tribe and the Members of the San 4
Juan Southern Paiute Tribe. 5
(3) N
O RIGHT ESTABLISHED.—Notwithstanding 6
paragraphs (1) and (2), nothing in the Settlement 7
Agreement or this Act recognizes or establishes any 8
right of a Member of the San Juan Southern Paiute 9
Tribe to water on the San Juan Southern Paiute 10
Southern Area. 11
SEC. 16. ENFORCEABILITY DATE. 12
(a) I
NGENERAL.—The Settlement Agreement, in-13
cluding the waivers and releases of claims described in 14
paragraph 13 of the Settlement Agreement and section 15
14, shall take effect and be fully enforceable on the date 16
on which the Secretary publishes in the Federal Register 17
a statement of findings in accordance with the following: 18
(1) The Settlement Agreement has been re-19
vised, through an amendment and restatement— 20
(A) to eliminate any conflict between the 21
Settlement Agreement and this Act; and 22
(B) to include the executed Water Delivery 23
Contracts required by section 6(e) and subpara-24
graphs 10.1.1, 10.1.2, 10.1.3, 11.1.1, and 25
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11.1.2 as Exhibits to the Settlement Agree-1
ment. 2
(2) The Settlement Agreement, as revised 3
through an amendment and restatement pursuant to 4
paragraph (1), has been signed by the United 5
States, acting through the Secretary, and not fewer 6
than 30 of the Parties who executed the Settlement 7
Agreement, making the Settlement Agreement effec-8
tive, including— 9
(A) the Navajo Nation; 10
(B) the Hopi Tribe; 11
(C) the San Juan Southern Paiute Tribe; 12
(D) the State; 13
(E) the Arizona State Land Department; 14
(F) the Central Arizona Water Conserva-15
tion District; 16
(G) the Salt River Project Agricultural Im-17
provement and Power District; and 18
(H) the Salt River Valley Water Users’ As-19
sociation. 20
(3) Any Exhibit to the Settlement Agreement 21
requiring execution by any Party has been executed 22
by the required Party. 23
(4) The waivers and releases of claims de-24
scribed in paragraph 13 of the Settlement Agree-25
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•S 953 IS
ment and section 14 have been executed by the 1
United States, Navajo Nation, Hopi Tribe, San 2
Juan Southern Paiute Tribe, the State, and the 3
other Parties. 4
(5) $5,136,400,000 has been authorized, appro-5
priated, and deposited in the designated accounts 6
pursuant to section 13. 7
(6) The LCR Decree has been approved by the 8
LCR Adjudication Court substantially in the form of 9
the judgment and decree attached as Exhibit 3.1.82 10
to the Settlement Agreement, as amended to ensure 11
consistency with this Act. 12
(7) The Gila River Adjudication Decree has 13
been approved by the Gila River Adjudication Court 14
substantially in the form of the judgment and decree 15
attached as Exhibit 3.1.47 to the Settlement Agree-16
ment, as amended to ensure consistency with this 17
Act. 18
(8) The San Juan Southern Paiute Tribe and 19
the Navajo Tribal Utility Authority have executed a 20
water services agreement to deliver municipal water 21
to the San Juan Southern Paiute Tribe and its 22
members. 23
(9) Each of the Navajo Nation, the Hopi Tribe, 24
and the San Juan Southern Paiute Tribe have exe-25
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•S 953 IS
cuted the tribal resolution described in subsections 1
(a)(2), (b)(2), and (c)(2) of section 18, respectively, 2
consenting to the limited waiver of sovereign immu-3
nity from suit in the circumstances described in that 4
section. 5
(b) F
AILURETOSATISFYCONDITIONS.— 6
(1) I
N GENERAL.—Except as provided in para-7
graph (2), if the Secretary fails to publish in the 8
Federal Register a statement of findings under sub-9
section (a) by June 30, 2035, or such alternative 10
later date as may be agreed to by the Navajo Na-11
tion, the Hopi Tribe, the San Juan Southern Paiute 12
Tribe, the Secretary, and the State— 13
(A) this Act is repealed; 14
(B) any action taken by the Secretary and 15
any contract or agreement entered into pursu-16
ant to this Act shall be void; 17
(C) the United States shall be entitled to 18
offset any Federal amounts made available 19
under section 13(a)(2)(B) that were used under 20
that section against any claims asserted by the 21
Tribes against the United States; and 22
(D) any amounts appropriated under sec-23
tion 13, together with any investment earnings 24
on those amounts, less any amounts expended 25
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under section 9, shall revert immediately to the 1
general fund of the Treasury. 2
(2) C
ONTINUED EXISTENCE OF THE SAN JUAN 3
SOUTHERN PAIUTE RESERVATION .— 4
(A) I
N GENERAL.—Section 19 becomes ef-5
fective on the date of enactment of this Act. 6
(B) C
ONTINUED EFFECTIVENESS .—Not-7
withstanding paragraph (1), if the Secretary 8
fails to publish in the Federal Register a state-9
ment of findings under that paragraph by June 10
30, 2035, or such alternative later date as may 11
be agreed to by the Tribes, the Secretary and 12
the State, section 19 shall remain in effect. 13
SEC. 17. COLORADO RIVER ACCOUNTING. 14
(a) A
CCOUNTING FOR THE TYPE OFWATERDELIV-15
ERED.— 16
(1) N
AVAJO NATION CIBOLA WATER ; NAVAJO 17
NATION FOURTH PRIORITY WATER .—All deliveries of 18
Navajo Nation Cibola Water and Navajo Nation 19
Fourth Priority Water effected by the diversion of 20
water from the Colorado River above Lee Ferry 21
within the State shall be accounted for as deliveries 22
of Arizona Lower Basin Colorado River Water and 23
credited as water passing Lee Ferry for purposes of 24
article III(d) of the Colorado River Compact. 25
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(2) HOPI TRIBE CIBOLA WATER .—All deliveries 1
of Hopi Tribe Cibola Water effected by the diversion 2
of water from the Colorado River above Lee Ferry 3
within the State shall be accounted for as deliveries 4
of Arizona Lower Basin Colorado River Water and 5
credited as water passing Lee Ferry for purposes of 6
article III(d) of the Colorado River Compact. 7
(3) N
AVAJO NATION UPPER BASIN COLORADO 8
RIVER WATER.—Subject to subsections (g) and (h) 9
of section 6, all deliveries of Navajo Nation Upper 10
Basin Colorado River Water effected by diversion of 11
water from the Upper Basin in the State, New Mex-12
ico, or Utah for Use on the Navajo Reservation shall 13
be— 14
(A) used within the boundaries of the Nav-15
ajo Reservation or outside of the Navajo Res-16
ervation if conveyed from facilities that are 17
physically connected to facilities on the Navajo 18
Reservation, as described in paragraph 4.18.6 19
of the Settlement Agreement; and 20
(B) accounted for as deliveries of Arizona 21
Upper Basin Colorado River Water. 22
(4) H
OPI TRIBE UPPER BASIN COLORADO RIVER 23
WATER.—All deliveries of Hopi Tribe Upper Basin 24
Colorado River Water effected by diversion of water 25
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from the Upper Basin in the State for Use on the 1
Hopi Reservation shall be— 2
(A) used within the boundaries of the Hopi 3
Reservation or outside of the Hopi Reservation 4
if conveyed from facilities that are physically 5
connected to facilities on the Hopi Reservation, 6
as described in paragraph 5.15.6 of the Settle-7
ment Agreement; and 8
(B) accounted for as deliveries of Arizona 9
Upper Basin Colorado River Water. 10
(5) A
RIZONA UPPER BASIN COLORADO RIVER 11
WATER.—All deliveries of Arizona Upper Basin Col-12
orado River Water apportioned to and leased by the 13
Navajo Nation or the Hopi Tribe, whether effected 14
by a diversion of water from the Upper Basin or the 15
Lower Basin, shall be accounted for as deliveries of 16
Arizona Upper Basin Colorado River Water, subject 17
to the conditions that if the point of diversion is 18
from the Colorado River below Lee Ferry— 19
(A) the amount of water to be delivered at 20
Lee Ferry under such a lease or exchange shall 21
not exceed the amount of Navajo Nation Upper 22
Basin Colorado River Water or Hopi Tribe 23
Upper Basin Colorado River Water leased or 24
exchanged; 25
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(B) the associated amount of Upper Basin 1
Colorado River Water delivery actually made 2
from the Upper Basin at Lee Ferry to satisfy 3
the lease or exchange shall not be credited as 4
water passing Lee Ferry for purposes of article 5
III(d) of the Colorado River Compact; and 6
(C) the water shall be accounted for as de-7
liveries of Arizona Upper Basin Colorado River 8
Water. 9
(6) A
RIZONA LOWER BASIN COLORADO RIVER 10
WATER.—All deliveries of Arizona Lower Basin Col-11
orado River Water apportioned to and leased by the 12
Navajo Nation or the Hopi Tribe, whether effected 13
by a diversion of water from the Upper Basin or the 14
Lower Basin, shall be accounted for as deliveries of 15
Arizona Lower Basin Colorado River Water to the 16
Navajo Nation or the Hopi Tribe, subject to the con-17
dition that if the point of diversion is from the Colo-18
rado River above Lee Ferry within the State the 19
amount of water diverted by a lessee or exchange 20
partner shall be credited as water passing Lee Ferry 21
for purposes of article III(d) of the Colorado River 22
Compact. 23
(b) S
PECIALACCOUNTINGRULES FORLOWERBASIN 24
C
OLORADORIVERWATER ASLOWERBASINUSE INARI-25
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ZONA, REGARDLESS OFPOINT OFDIVERSION.—Notwith-1
standing section 10603(c)(2)(A) of the Northwestern New 2
Mexico Rural Water Projects Act (Public Law 111–11; 3
123 Stat. 1384), all Navajo Nation Cibola Water, Navajo 4
Nation Fourth Priority Water, and Hopi Tribe Cibola 5
Water delivered to and consumptively used by the Navajo 6
Nation, the Hopi Tribe, or their lessees or exchange part-7
ners pursuant to the Settlement Agreement shall be— 8
(1) credited as water reaching Lee Ferry pursu-9
ant to article III(d) of the Colorado River Compact; 10
(2) charged against the consumptive use appor-11
tionment made to the Lower Basin by article III(a) 12
of the Colorado River Compact; and 13
(3) accounted for as part of and charged 14
against the 2,800,000 acre-feet of Colorado River 15
Water apportioned to the State in paragraph 16
II(B)(1) of the Decree. 17
(c) A
DDITIONALCONDITIONS FOR USE OFCOLO-18
RADORIVERWATER.— 19
(1) I
N GENERAL.—No Navajo Nation Upper 20
Basin Colorado River Water or Hopi Tribe Upper 21
Basin Colorado River Water may be delivered in the 22
Lower Basin in the State and no Navajo Nation 23
Fourth Priority Water, Navajo Nation Cibola Water, 24
or Hopi Tribe Cibola Water may be diverted in the 25
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Upper Basin until such time as the Secretary has 1
developed and, as necessary and appropriate, modi-2
fied, in consultation with the State and the Upper 3
Colorado River Commission and the Governors’ rep-4
resentatives of the Colorado River Basin States, all 5
operational and decisional criteria, policies, con-6
tracts, guidelines, or other documents that control 7
the operations of the Colorado River System res-8
ervoirs and diversion works, so as to adjust, provide 9
for, account for, and offset the diversion of Arizona 10
Colorado River Water, subject to the conditions 11
that— 12
(A) all such actions shall be consistent 13
with the provisions of section 10603(c) of the 14
Northwestern New Mexico Rural Water 15
Projects Act (Public Law 111–11; 123 Stat. 16
1384) and this Act; and 17
(B) the development of or modifications to 18
criteria, policies, contracts, guidelines, or other 19
documents made pursuant to this subsection 20
shall be applicable only for the duration of any 21
such diversion or delivery pursuant to the 22
Northwestern New Mexico Rural Water 23
Projects Act (Public Law 111–11; 123 Stat. 24
1367) or this Act. 25
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(2) REQUIRED PROVISIONS.—The following are 1
required provisions to be included in any criteria, 2
policy, contract, guideline, or other document de-3
scribed in paragraph (1): 4
(A) A
RIZONA UPPER BASIN COLORADO 5
RIVER WATER.—Arizona Upper Basin Colorado 6
River Water released at Glen Canyon Dam for 7
water delivery from the Colorado River main-8
stream below Glen Canyon Dam— 9
(i) shall only be used within the State; 10
(ii) shall be subject to all actual con-11
veyance, evaporation, and other losses be-12
tween Glen Canyon Dam and the point of 13
diversion; 14
(iii) shall be fully delivered prior to 15
the end of the year in which it is ordered; 16
(iv) shall not be greater than the Ari-17
zona Upper Basin Colorado River Water 18
minus all other consumptive uses of Ari-19
zona Upper Basin Colorado River Water 20
using the average annual consumptive uses 21
based on the previous 5 years; 22
(v) for the first 20 years after the En-23
forceability Date, shall not exceed 17,050 24
AFY; 25
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(vi) after the first 20 years after the 1
Enforceability Date, shall not exceed 2
47,000 AFY, minus any Navajo Nation 3
Upper Basin Colorado River Water di-4
verted from the San Juan River upstream 5
from Lake Powell and all other consump-6
tive uses of Navajo Nation Upper Basin 7
Colorado River Water and Hopi Tribe 8
Upper Basin Colorado River Water using 9
the average annual consumptive uses based 10
on the previous 5 years; 11
(vii) shall be released from Lake Pow-12
ell in addition to the releases of water that 13
would have otherwise occurred under any 14
operating criteria or guidelines governing 15
releases from Lake Powell; and 16
(viii) for purposes of meeting the re-17
quirements of article III(d) of the Colorado 18
River Compact, shall not be counted as 19
water flowing by Lee Ferry. 20
(B) A
RIZONA LOWER BASIN COLORADO 21
RIVER WATER.—Arizona Lower Basin Colorado 22
River Water diverted in the Upper Basin in the 23
State— 24
(i) shall only be used within the State; 25
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(ii) shall be fully delivered prior to the 1
end of the year for which it is ordered; 2
(iii) shall not be stored in Lake Powell 3
or otherwise carried over from one water 4
year to any subsequent water year; 5
(iv) shall be subject to reduction in 6
any year in which a shortage is declared to 7
the same extent as other Arizona Lower 8
Basin Colorado River Water of the same 9
priority; and 10
(v) shall reduce the amount of Ari-11
zona Lower Basin Colorado River Water 12
that would otherwise be released from 13
Lake Powell under any operating criteria 14
or guidelines. 15
SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY. 16
(a) L
IMITEDWAIVER BY THENAVAJONATION AND 17
THEUNITEDSTATESACTING ASTRUSTEE FOR THENAV-18
AJONATION ANDNAVAJOALLOTTEES.— 19
(1) I
N GENERAL.—The Navajo Nation, and the 20
United States acting as trustee for the Navajo Na-21
tion and Navajo Allottees, may be joined in any ac-22
tion brought in any circumstance described in para-23
graph (3), and any claim by the Navajo Nation and 24
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•S 953 IS
the United States to sovereign immunity from any 1
such action is waived. 2
(2) N
AVAJO NATION CONSENT .—By resolution 3
No. CMY–26–24 and dated May 24, 2024, the Nav-4
ajo Nation Council has affirmatively consented to 5
the limited waiver of sovereign immunity from suit 6
in any circumstance described in paragraph (3), not-7
withstanding any provision of the Navajo Nation 8
Code or any other Navajo Nation law. 9
(3) C
IRCUMSTANCES DESCRIBED .—A cir-10
cumstance referred to in paragraphs (1) and (2) is 11
any of the following: 12
(A) Any party to the Settlement Agree-13
ment— 14
(i) brings an action in any court of 15
competent jurisdiction relating only and di-16
rectly to the interpretation or enforcement 17
of— 18
(I) this Act; or 19
(II) the Settlement Agreement; 20
(ii) names the Navajo Nation, or the 21
United States acting as trustee for the 22
Navajo Nation or Navajo Allottees, as a 23
party in that action; and 24
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(iii) does not include any request for 1
award against the Navajo Nation, or the 2
United States acting as trustee for the 3
Navajo Nation or Navajo Allottees, for 4
money damages, court costs, or attorney 5
fees. 6
(B) Any landowner or water user in the 7
LCR Watershed or the Gila River Watershed— 8
(i) brings an action in any court of 9
competent jurisdiction relating only and di-10
rectly to the interpretation or enforcement 11
of— 12
(I) paragraph 13 of the Settle-13
ment Agreement; 14
(II) the LCR Decree or the Gila 15
River Adjudication Decree; or 16
(III) section 14; 17
(ii) names the Navajo Nation, or the 18
United States acting as trustee for the 19
Navajo Nation or Navajo Allottees, as a 20
party in that action; and 21
(iii) does not include any request for 22
award against the Navajo Nation, or the 23
United States acting as trustee for the 24
Navajo Nation or Navajo Allottees, for 25
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money damages, court costs or attorney 1
fees. 2
(b) L
IMITEDWAIVER BY THEHOPITRIBE AND THE 3
U
NITEDSTATESACTING ASTRUSTEE FOR THE HOPI 4
T
RIBE ANDHOPIALLOTEES.— 5
(1) I
N GENERAL.—The Hopi Tribe, and the 6
United States acting as trustee for the Hopi Tribe 7
and Hopi Allottees, may be joined in any action 8
brought in any circumstance described in paragraph 9
(3), and any claim by the Hopi Tribe and the 10
United States to sovereign immunity from any such 11
action is waived. 12
(2) H
OPI TRIBE CONSENT.—By resolution No. 13
H–035–2024 and dated May 20, 2024, the Hopi 14
Tribal Council has affirmatively consented to the 15
limited waiver of sovereign immunity from suit in 16
any circumstance described in paragraph (3), not-17
withstanding any provision of the Hopi Tribal Code 18
or any other Hopi Tribe law. 19
(3) C
IRCUMSTANCES DESCRIBED .—A cir-20
cumstance referred to in paragraphs (1) and (2) is 21
any of the following: 22
(A) Any party to the Settlement Agree-23
ment— 24
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•S 953 IS
(i) brings an action in any court of 1
competent jurisdiction relating only and di-2
rectly to the interpretation or enforcement 3
of— 4
(I) this Act; or 5
(II) the Settlement Agreement; 6
(ii) names the Hopi Tribe or the 7
United States, acting as trustee for the 8
Hopi Tribe or Hopi Allottees, as a party in 9
that action; and 10
(iii) does not include any request for 11
award against the Hopi Tribe, or the 12
United States acting as trustee for the 13
Hopi Tribe or Hopi Allottees, for money 14
damages, court costs, or attorney fees. 15
(B) Any landowner or water user in the 16
LCR Watershed— 17
(i) brings an action in any court of 18
competent jurisdiction relating only and di-19
rectly to the interpretation or enforcement 20
of— 21
(I) paragraph 13 of the Settle-22
ment Agreement; 23
(II) the LCR Decree; or 24
(III) section 14; 25
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•S 953 IS
(ii) names the Hopi Tribe, or the 1
United States acting as trustee for the 2
Hopi Tribe or Hopi Allottees, as a party in 3
that action; and 4
(iii) does not include any request for 5
award against the Hopi Tribe, or the 6
United States acting as trustee for the 7
Hopi Tribe or Hopi Allottees, for money 8
damages, court costs, or attorney fees. 9
(c) L
IMITEDWAIVER BY THESANJUANSOUTHERN 10
P
AIUTETRIBE AND THE UNITEDSTATESACTING AS 11
T
RUSTEE FOR THE SANJUANSOUTHERN PAIUTE 12
T
RIBE.— 13
(1) I
N GENERAL.—The San Juan Southern 14
Paiute Tribe and the United States acting as trustee 15
for the San Juan Southern Paiute Tribe may be 16
joined in any action brought in any circumstance de-17
scribed in paragraph (3), and any claim by the San 18
Juan Southern Paiute Tribe and the United States 19
to sovereign immunity from any such action is 20
waived. 21
(2) S
AN JUAN SOUTHERN PAIUTE TRIBE CON -22
SENT.—By resolution No. 2024–040, dated May 23, 23
2024, the San Juan Southern Paiute Tribal Council 24
has affirmatively consented to the limited waiver of 25
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•S 953 IS
sovereign immunity from suit in any circumstance 1
described in paragraph (3), notwithstanding any 2
provision of the San Juan Southern Paiute Tribal 3
Code or any other San Juan Southern Paiute Tribal 4
law. 5
(3) C
IRCUMSTANCES DESCRIBED .—A cir-6
cumstance referred to in paragraphs (1) and (2) is 7
any of the following: 8
(A) Any party to the Settlement Agree-9
ment— 10
(i) brings an action in any court of 11
competent jurisdiction relating only and di-12
rectly to the interpretation or enforcement 13
of— 14
(I) this Act; or 15
(II) the Settlement Agreement; 16
(ii) names the San Juan Southern 17
Paiute Tribe or the United States acting 18
as trustee for the San Juan Southern Pai-19
ute Tribe as a party in that action; and 20
(iii) does not include any request for 21
award against the San Juan Southern Pai-22
ute Tribe, or the United States acting as 23
trustee for the San Juan Southern Paiute 24
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•S 953 IS
Tribe, for money damages, court costs, or 1
attorney fees. 2
(B) Any landowner or water user in the 3
LCR Watershed— 4
(i) brings an action in any court of 5
competent jurisdiction relating only and di-6
rectly to the interpretation or enforcement 7
of— 8
(I) paragraph 13 of the Settle-9
ment Agreement; 10
(II) the LCR Decree; or 11
(III) section 14; 12
(ii) names the San Juan Southern 13
Paiute Tribe or the United States acting 14
as trustee for the San Juan Southern Pai-15
ute Tribe as a party in that action; and 16
(iii) does not include any request for 17
award against the San Juan Southern Pai-18
ute Tribe, or the United States acting as 19
trustee for the San Juan Southern Paiute 20
Tribe, for money damages, court costs, or 21
attorney fees. 22
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SEC. 19. RATIFICATION OF THE TREATY AND CREATION OF 1
THE SAN JUAN SOUTHERN PAIUTE RESERVA-2
TION. 3
(a) R
ATIFICATION AND APPROVAL OF THE TREA-4
TY.—The Treaty and the Treaty Addendum are hereby 5
approved, ratified, and confirmed. 6
(b) A
PPROVAL OF THESECRETARY.— 7
(1) I
N GENERAL.—The Secretary is authorized 8
and directed— 9
(A) to approve and execute the Treaty and 10
the Treaty Addendum, except that the specific 11
findings stated under the heading ‘‘AP-12
PROVAL’’ shall not be binding on the Sec-13
retary; and 14
(B) to take all steps necessary to imple-15
ment the Treaty and this Act. 16
(2) A
PPROVAL AND EXECUTION OF AMEND -17
MENTS.—The Secretary is delegated the authority, 18
without a further Act of Congress, to approve and 19
execute amendments to the Treaty agreed to by the 20
Navajo Nation and the San Juan Southern Paiute 21
Tribe. 22
(c) L
ANDSPROCLAIMED ARESERVATION FOR THE 23
S
ANJUANSOUTHERNPAIUTETRIBE.— 24
(1) I
N GENERAL.—All right, title, and interest, 25
including Water Rights, to the approximately 5,400 26
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•S 953 IS
acres of land within the Navajo Indian Reservation 1
that are described in the Treaty as the San Juan 2
Southern Paiute Northern Area and the San Juan 3
Southern Paiute Southern Area are hereby pro-4
claimed as the San Juan Southern Paiute Reserva-5
tion and such land shall be held by the United 6
States in trust as a reservation for the exclusive ben-7
efit of the San Juan Southern Paiute Tribe, subject 8
to the rights of access under subsection (d). 9
(2) N
O APPRAISAL OR VALUATION .—Notwith-10
standing any other provision law, no appraisal or 11
other valuation shall be required to carry out this 12
subsection. 13
(3) D
ISCLAIMER OF RESERVED WATER 14
RIGHTS.—Nothing in this Act constitutes an express 15
or implied reservation of water or water rights for 16
the San Juan Southern Paiute Northern Area in the 17
State of Utah. 18
(d) R
IGHTS OFACCESS ANDEASEMENTS.—The Nav-19
ajo Reservation and the San Juan Southern Paiute Res-20
ervation shall be subject to the rights of access and ease-21
ments as identified in the Treaty. 22
(e) S
URVEYING ANDFENCING OFLAND.— 23
(1) R
EQUIREMENT.—The Secretary shall— 24
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•S 953 IS
(A) as soon as practicable after the date of 1
enactment of this Act, complete a survey and 2
legal description of the boundary lines to estab-3
lish the boundaries of the San Juan Southern 4
Paiute Reservation; 5
(B) officially file the survey plat in the ap-6
propriate office of the Department of the Inte-7
rior; 8
(C) mark and fence the lands as described 9
in article V of the Treaty, where feasible; and 10
(D) study the feasibility of an access road 11
to the San Juan Southern Paiute Southern 12
Area from U.S. Route 89, as described in arti-13
cle XI of the Treaty. 14
(2) L
EGAL DESCRIPTION.— 15
(A) I
N GENERAL.—The legal descriptions 16
published in accordance with subparagraph (B) 17
shall— 18
(i) be considered the official legal de-19
scription of the San Juan Southern Paiute 20
Reservation; and 21
(ii) have the same force and effect as 22
if included in this Act. 23
(B) P
UBLICATION.—On completion of the 24
surveys under paragraph (1)(A), the Secretary 25
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•S 953 IS
shall publish in the Federal Register a legal de-1
scription of the land comprising the San Juan 2
Southern Paiute Reservation. 3
(C) C
ORRECTIONS.—The Secretary may 4
make minor corrections to correct technical and 5
clerical errors in the legal descriptions. 6
(f) R
EPEAL OF PAIUTEALLOTMENT PROCE-7
DURES.—Section 9 of Public Law 93–531 (88 Stat. 1716) 8
is repealed. 9
(g) P
UBLICATION; JURISDICTION.— 10
(1) P
UBLICATION.—In accordance with article 11
VI of the Treaty, the Secretary shall publish in the 12
Federal Register separate notices of completion or 13
boundary marking of— 14
(A) the San Juan Paiute Northern Area; 15
and 16
(B) the San Juan Paiute Southern Area. 17
(2) J
URISDICTION.—On publication in the Fed-18
eral Register under subparagraph (A) or (B) of 19
paragraph (1)— 20
(A) the San Juan Southern Paiute Tribe 21
shall have full jurisdiction over all matters with-22
in that area of the San Juan Southern Paiute 23
Reservation to the fullest extent permitted by 24
Federal law; and 25
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(B) the Navajo Nation shall not have juris-1
diction over matters occurring within that area 2
of the San Juan Southern Paiute Reservation 3
except as agreed to by the Navajo Nation and 4
the San Juan Southern Paiute Tribe. 5
SEC. 20. AUTHORIZATION FOR USE OF NAVAJO-GALLUP 6
WATER SUPPLY PROJECT FACILITIES. 7
(a) N
AVAJONATIONUPPERBASINCOLORADO 8
R
IVERWATER FORUSE IN THESTATE.— 9
(1) I
N GENERAL.—In addition to the 6,411 10
AFY of Project water described in section 11
6(g)(1)(B), the Secretary is authorized to treat, 12
store, and convey up to 12,000 AFY of Navajo Na-13
tion Upper Basin Colorado River Water as non- 14
Project water, subject to section 10602(h)(1) of the 15
Northwestern New Mexico Rural Water Projects Act 16
(Public Law 111–11; 123 Stat. 1382) and section 17
6(g) for Use in the areas of the State described in 18
section 6(g)(1)(D), utilizing Navajo-Gallup Water 19
Supply Project facilities described in section 20
10602(b) of the Northwestern New Mexico Rural 21
Water Projects Act (Public Law 111–11; 123 Stat. 22
1379) (referred to in this section as the ‘‘Project fa-23
cilities’’). 24
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(2) LIMITATION.—Nothing in this section au-1
thorizes the Secretary to extend the Navajo-Gallup 2
Water Supply Project within the State, except as au-3
thorized by the Northwestern New Mexico Rural 4
Water Projects Act (Public Law 111–11; 123 Stat. 5
1367), subject to the condition that non-Project fa-6
cilities may be constructed, in whole or in part, by 7
the Navajo Nation using amounts in the Navajo Na-8
tion Water Projects Trust Fund Account. 9
(b) I
NCREASE INCAPACITYAUTHORIZED.— 10
(1) I
N GENERAL.—The authorized capacity of 11
the Navajo Gallup Water Supply Project described 12
in section 10603(b) of the Northwestern New Mex-13
ico Rural Water Projects Act (Public Law 111–11; 14
123 Stat. 1383) may be increased by up to 12,000 15
AFY to allow for Use of Navajo Nation Upper Basin 16
Colorado River Water in accordance with subsection 17
(a)(1). 18
(2) C
OST OF INCREASED CAPACITY .—Any costs 19
associated with constructing and operating the in-20
creased capacity authorized by paragraph (1) shall 21
be solely borne by the Navajo Nation. 22
(c) C
ONVEYANCE OFNAVAJONATIONUPPERBASIN 23
C
OLORADORIVERWATER TO THE STATE.—Treatment, 24
storage, and conveyance of the water described in sub-25
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•S 953 IS
section (a)(1) shall be subject to the following require-1
ments and limitations: 2
(1) I
MPACTS TO NAVAJO -GALLUP WATER SUP -3
PLY PROJECT.— 4
(A) D
EADLINE.—Any extension to the 5
deadline for completion of the Navajo-Gallup 6
Water Supply Project, as described in section 7
10701(e)(1)(A)(ix) of the Northwestern New 8
Mexico Rural Water Projects Act (Public Law 9
111–11; 123 Stat. 1400), required due to ef-10
forts associated with delivering Navajo Nation 11
Upper Basin Colorado River Water to the State 12
in accordance with subsection (a)(1) shall re-13
quire agreement of the Nation, State of New 14
Mexico, and the Secretary as described in sec-15
tion 10701(e)(1)(B) of that Act (Public Law 16
111–11; 123 Stat. 1400). 17
(B) P
ROTECTIONS FOR PROJECT PARTICI -18
PANTS.—The Use of Project facilities for non- 19
Project water as provided under this section 20
shall comply with the requirements of section 21
10602(h)(1) of the Northwestern New Mexico 22
Rural Water Projects Act (Public Law 111–11; 23
123 Stat. 1382) and this section. 24
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(2) APPROVAL OF FINAL DESIGN TO INCREASE 1
CAPACITY.—As long as the Bureau retains title to 2
the Project facilities that will supply water to areas 3
in the State under this Act, the Navajo Nation 4
shall— 5
(A) obtain approval in writing from the 6
Commissioner of Reclamation for the final de-7
sign of the connection and related facilities 8
needed to connect the extension from the San 9
Juan Lateral, including sublaterals and turn-10
outs; and 11
(B) coordinate construction of the connec-12
tion and related facilities with the Commis-13
sioner of Reclamation. 14
(3) F
UNDING.—The funding described in the 15
Northwestern New Mexico Rural Water Projects Act 16
(Public Law 111–11; 123 Stat. 1367) for the Nav-17
ajo-Gallup Water Supply Project shall not be used to 18
design, plan, construct, operate, maintain, or repair 19
any Project infrastructure in the State of New Mex-20
ico or the State to treat, store, and convey the 21
12,000 AFY of Navajo Nation Upper Basin Colo-22
rado River Water to the State in accordance with 23
subsection (a)(1). 24
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SEC. 21. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT. 1
(a) N
OQUANTIFICATION OREFFECT ONRIGHTS OF 2
O
THERINDIANTRIBES OR THE UNITEDSTATES ON 3
T
HEIRBEHALF.—Except as provided in paragraph 8.3 of 4
the Settlement Agreement, nothing in this Act— 5
(1) quantifies or otherwise affects the Water 6
Rights, or claims or entitlements to water of any In-7
dian Tribe, band, or community, other than the 8
Navajo Nation, the Hopi Tribe, or the San Juan 9
Southern Paiute Tribe; or 10
(2) affects the ability of the United States to 11
take action on behalf of any Indian Tribe, nation, 12
band, community, or allottee, other than the Navajo 13
Nation, the Hopi Tribe and the San Juan Southern 14
Paiute Tribe, their Members, Navajo Allottees, Hopi 15
Allottees, and Public Domain Allottees. 16
(b) N
OQUANTIFICATION OF WATERRIGHTS OF 17
P
UBLICDOMAINALLOTTEES.—Nothing in this Act— 18
(1) quantifies or adjudicates any Water Right 19
or any claim or entitlement to water of a Public Do-20
main Allottee, or precludes the United States, acting 21
as trustee for Public Domain Allottees, from making 22
claims for Water Rights in the State that are con-23
sistent with the claims described in Exhibit 24
3.1.132B to the Settlement Agreement; or 25
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(2) except as provided in subparagraphs 8.2.3, 1
8.4.7, and 15.2.3.4 of the Settlement Agreement, af-2
fects the ability of the United States to take action 3
on behalf of Public Domain Allottees. 4
(c) A
NTIDEFICIENCY.—Notwithstanding any author-5
ization of appropriations to carry out this Act, the United 6
States shall not be liable for any failure of the United 7
States to carry out any obligation or activity authorized 8
by this Act, including all agreements or exhibits ratified 9
or confirmed by this Act, if adequate appropriations are 10
not provided expressly by Congress to carry out the pur-11
poses of this Act. 12
(d) N
OMODIFICATION ORPREEMPTION OF OTHER 13
L
AWS.—Unless expressly provided in this Act, nothing in 14
this Act modifies, conflicts with, preempts, or otherwise 15
affects— 16
(1) the Boulder Canyon Project Act (43 U.S.C. 17
617 et seq.); 18
(2) the Boulder Canyon Project Adjustment Act 19
(54 Stat. 774, chapter 643); 20
(3) the Act of April 11, 1956 (commonly known 21
as the ‘‘Colorado River Storage Project Act’’) (43 22
U.S.C. 620 et seq.); 23
(4) the Colorado River Basin Project Act (43 24
U.S.C. 1501 et seq.); 25
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(5) the Treaty between the United States of 1
America and Mexico, done at Washington on Feb-2
ruary 3, 1944 (59 Stat. 1219); 3
(6) the Colorado River Compact; 4
(7) the Upper Colorado River Basin Compact of 5
1948; 6
(8) the Omnibus Public Land Management Act 7
of 2009 (Public Law 111–11; 123 Stat. 991); 8
(9) case law relating to Water Rights in the 9
Colorado River System other than any case to en-10
force the Settlement Agreement or this Act; or 11
(10) the Navajo-Hopi Land Dispute Settlement 12
Act of 1996 (Public Law 104–301; 110 Stat. 3649). 13
(e) N
OPRECEDENT.— 14
(1) C
OLORADO RIVER SYSTEM WATER .—Noth-15
ing in this Act establishes a precedent for any type 16
of transfer of Colorado River System water between 17
the Upper Basin and the Lower Basin, including the 18
leasing of Upper Basin water in the Lower Basin. 19
(2) F
EDERAL RESERVED WATER RIGHTS OR IN -20
DIAN WATER CLAIMS .—Nothing in the Settlement 21
Agreement or this Act (including paragraph 13 of 22
the Settlement Agreement and section 14) estab-23
lishes any standard or precedent for the quantifica-24
tion, litigation, or settlement of Federal reserved 25
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•S 953 IS
water rights or any Indian water claims of any In-1
dian Tribes other than the Tribes in any judicial or 2
administrative proceeding. 3
(f) U
NIQUESITUATION.— 4
(1) I
N GENERAL.—Diversions through the iina´ 5
ba´– paa tuwaqat’si pipeline and the Navajo-Gallup 6
Water Supply Project facilities consistent with this 7
Act address critical Tribal and non-Indian water 8
supply needs under unique circumstances, which in-9
clude, among other things— 10
(A) the intent to benefit a number of In-11
dian Tribes; 12
(B) the Navajo Nation’s location in the 13
Upper Basin and the Lower Basin; 14
(C) the intent to address critical Indian 15
and non-Indian water needs in the State; 16
(D) the lack of other reasonable alter-17
natives available for developing a firm, sustain-18
able supply of municipal water for the Navajo 19
Nation, the Hopi Tribe, and the San Juan 20
Southern Paiute Tribe in the State; 21
(E) the unique geological and hydrological 22
features of the relevant watersheds, including 23
aquifers; and 24
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(F) the limited volume of water to be di-1
verted by the iina´ba´– paa tuwaqat’si pipeline 2
and Navajo-Gallup Water Supply Project to 3
supply municipal Uses in the State. 4
(2) A
RIZONA UPPER BASIN COLORADO RIVER 5
WATER.—The Use of Arizona Upper Basin Colorado 6
River Water in the Lower Basin in the State is con-7
sistent with this Act and is authorized under unique 8
circumstances, which include, among other things— 9
(A) that the Uses are included in a con-10
gressionally approved Indian water rights settle-11
ment; 12
(B) that the Navajo Nation is located in 13
both the Upper Basin and the Lower Basin; 14
(C) the unavailability and unreliability of 15
Central Arizona Project Non-Indian Agricul-16
tural water available for the Tribes to lease due 17
to shortages in the Lower Basin of the Colo-18
rado River; and 19
(D) the intent of Congress to supplement 20
the Federal funds available to the Tribes with 21
the revenue generated by leasing as authorized 22
under section 7. 23
(g) E
FFICIENTUSE.—The diversions and Uses au-24
thorized for the iina´ba´– paa tuwaqat’si pipeline under 25
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this Act represent unique and efficient Uses of Colorado 1
River apportionments in a manner that Congress has de-2
termined would be consistent with the obligations of the 3
United States to the Navajo Nation and the Hopi Tribe. 4
(h) P
RESERVATION OFEXISTINGRIGHTS.— 5
(1) I
N GENERAL.—Rights to the consumptive 6
use of water apportioned to the Upper Division 7
States and the State from the Colorado River Sys-8
tem under the Colorado River Compact and the 9
Upper Colorado River Basin Compact of 1948, and 10
rights to the consumptive use of water available for 11
use in the Lower Basin under the Colorado River 12
Compact and the Decree, shall not be changed or 13
prejudiced by any use of water pursuant to this Act. 14
(2) S
AVINGS PROVISION.—Nothing in this 15
Act— 16
(A) adversely affects full development and 17
utilization by the State or any State of the 18
Upper Division of the Colorado River Basin of 19
its respective apportionment under the Colorado 20
River Compact or the Upper Colorado River 21
Basin Compact of 1948; 22
(B) impairs, conflicts with, or otherwise 23
changes the duties and powers of the Upper 24
Colorado River Commission; or 25
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(C) waives, impairs, or otherwise modifies 1
the rights of California and Nevada under the 2
Colorado River Compact, the Boulder Canyon 3
Project Act, or the Decree. 4
(i) C
ONSENSUS.—Congress notes the consensus of 5
the Governors’ Representatives of the Colorado River 6
Basin States relating to the diversions, accounting, and 7
leasing authorized under this Act. 8
(j) N
OEFFECT ONENFORCEMENT OF ENVIRON-9
MENTALLAWS.—Nothing in this Act precludes the United 10
States acting as sovereign, the Navajo Nation, the Hopi 11
Tribe, or the San Juan Southern Paiute Tribe from en-12
forcing the requirements of— 13
(1) Federal environmental laws, including— 14
(A) the Comprehensive Environmental Re-15
sponse, Compensation, and Liability Act of 16
1980 (42 U.S.C. 9601 et seq.) (including claims 17
for damages to natural resources); 18
(B) the Safe Drinking Water Act (42 19
U.S.C. 300f et seq.); 20
(C) the Federal Water Pollution Control 21
Act (33 U.S.C. 1251 et seq.); 22
(D) the Solid Waste Disposal Act (42 23
U.S.C. 6901 et seq.) (commonly known as the 24
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‘‘Resource Conservation and Recovery Act of 1
1976’’); and 2
(E) the implementing regulations of those 3
Acts; or 4
(2) the environmental laws of the Tribes, and 5
the regulations implementing those laws, on the 6
Navajo Reservation, the Hopi Reservation, the San 7
Juan Southern Paiute Reservation, Navajo Allot-8
ments, Hopi Allotments, and Off-Reservation lands 9
held in trust by the United States for the Navajo 10
Nation, the Hopi Tribe, and the San Juan Southern 11
Paiute Tribe. 12
Æ
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