Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025
Sponsored By: Senator Sen. Heinrich, Martin [D-NM]
In Committee
Summary
Recognition and settlement of Ohkay Owingeh's water rights. This bill would authorize and ratify the Ohkay Owingeh Rio Chama Settlement Agreement and create the Ohkay Owingeh Water Rights Settlement Trust Fund to pay for water production, treatment, and delivery infrastructure while setting waivers and environmental and coordination rules.
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- Ohkay Owingeh Pueblo: The bill would recognize specific water rights in the Rio Chama stream system and authorize the Secretary of the Interior to execute and, with limited amendments, implement the July 5, 2023 settlement.
- Trust fund and project funding: The Trust Fund would be created to pay for five specified purposes, including water infrastructure and bosque restoration coordination. Costs for environmental compliance and Army Corps of Engineers bosque reviews would come from the Trust Fund, while federal approvals and inherently federal functions remain the federal government's responsibility.
- Waivers, retained rights, and sunset: In exchange the Pueblo would waive many past claims against the United States, while preserving claims for water quality and rights that arise after the agreement. The Act would expire if the Secretary fails to publish a required finding by July 1, 2038, and unspent federal funds would be returned.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Big federal and state water funding
If enacted, the bill would create a $745 million trust fund for Ohkay Owingeh. Up to $100 million of the deposit (including earnings) could be used right away for bosque work, acequia repairs, water planning, and related projects. The State of New Mexico would also pay about $98.5 million (acequias), $32 million (Espanola), and $500,000 (groundwater mitigation), each adjusted for inflation as described in the Agreement.
Funding depends on deadlines and money
If enacted, the bill would say the United States is not liable to carry out any obligation unless Congress explicitly provides money for the Act. The bill would also expire if the Secretary does not publish required findings by July 1, 2038 (or a later agreed date). If it expires, waivers and the Agreement would end, contracts could be voided, and unspent federal funds and property could be returned to the U.S.
Settlement approval, waivers, and timing
If enacted, the bill would authorize and require the Secretary to sign and ratify the July 5, 2023 settlement agreement so long as it does not conflict with the Act. The bill would pause statute-of-limitations deadlines from enactment until an "Enforceability Date" when listed conditions are met. The Pueblo would give broad waivers of past Rio Chama claims on that Enforceability Date, while some rights and environmental claims are preserved.
Pueblo water rights kept in trust
If enacted, the bill would make the Pueblo's Rio Chama water rights held in trust by the United States and protect them from loss by non-use or permanent sale. The Pueblo could lease water for use off its land with the Secretary's approval, but any off‑land lease (including renewals) could not exceed 99 years.
Bosque project reviews and cost rules
If enacted, the bill would require the Pueblo to prepare environmental documents for bosque restoration and similar projects, while the Secretary would review and be responsible for their accuracy. Many review and coordination costs, including Army Corps review, would be paid from the Trust Fund, but costs tied to Federal approvals remain the Secretary's responsibility. The Pueblo must also hold the United States harmless for Pueblo-built bosque projects funded under the Act.
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Sponsors & CoSponsors
Sponsor
Sen. Heinrich, Martin [D-NM]
NM • D
Cosponsors
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 2/13/2025
Roll Call Votes
No roll call votes available for this bill.
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