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119-hr-1322119th CongressWALLET

Rio San José and Rio Jemez Water Settlements Act of 2025

Sponsored By: Representative Leger Fernandez, Teresa [D-NM-3]

Introduced

Summary

Creates and funds water-rights settlements for five New Mexico Pueblos and related infrastructure through Pueblo-specific trust funds. The bill would set deposit amounts, require State cost-shares, and exchange waivers of certain pre-enforceability claims when strict conditions are met.

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  • For Pueblo communities: Establishes Pueblo-specific Settlement Trust Funds and Acomita Reservoir Works Trust Fund that would receive mandatory Treasury-to-Interior transfers totaling about $1.3 billion to resolve and support water rights and infrastructure. These funds must be managed under Indian trust fund rules and forbid per-capita payouts.
  • For the State of New Mexico and local projects: Requires inflation-adjusted State cost-shares for specified projects and ditch improvements, totaling about $56.1 million in contributions for projects tied to these settlements.
  • For federal administration and legal effects: Directs the Interior Secretary to implement and amend agreements as needed, ties an Enforceability Date to court approval and full deposits, and requires waivers and releases of many pre-enforceability water claims in exchange for the settlements.

*Would require mandatory Treasury transfers of about $1.3 billion to Interior trust funds, increasing federal outlays by that amount.*

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Major water funds for Acoma and Laguna

If enacted, Treasury would deposit $296 million, $14 million, and $1.75 million for Acoma. It would deposit $464 million, $26 million, and $3.25 million for Laguna, plus $45 million for Acomita. Amounts would be indexed from October 1, 2021 and may be adjusted for market swings. Most funds would open on the Enforceability Date; some, including up to $15 million per Pueblo for wells, on deposit. Withdrawals would need approved plans, with no per-capita payouts; New Mexico would add $23.5 million, $12 million, and $500,000, inflation-adjusted.

Legal guardrails and funding backstops

If enacted, this title would not waive U.S. sovereign immunity, and it would keep current environmental pre-enforcement review rules. The statute would control over any conflict with the Agreement. The United States would not be liable without specific appropriations. Claim deadlines would pause until the Enforceability Date. The title would expire if findings are not published by July 1, 2030; if so, waivers and actions would be void and unspent funds returned.

Pueblo claim waivers tied to settlement benefits

If enacted, the Pueblos would waive many past water-rights and damages claims. The waivers would cover Rio San Jose and Jemez systems before the Enforceability Date. Settlement benefits would fully replace those waived claims. The Pueblos and the United States would keep claims after that date and environmental claims. Waivers would take effect on the Enforceability Date.

Pueblo water rights and permit review

If enacted, Pueblo water rights would be held in trust and not lost for non-use. State-law rights the Pueblos buy later would be protected from forfeiture. The Pueblos would not object to reasonable domestic, stock, and irrigation uses on Allotments as of enactment. With Pueblo consent, limited state court review of Pueblo permit decisions would be allowed on the Enforceability Date. This title would not change other Tribes’ land or water rights.

Sponsors & CoSponsors

Sponsor

Leger Fernandez, Teresa [D-NM-3]

NM • D

Cosponsors

  • Rep. Stansbury, Melanie A. [D-NM-1]

    NM • D

    Sponsored 2/13/2025

  • Rep. Vasquez, Gabe [D-NM-2]

    NM • D

    Sponsored 2/14/2025

Roll Call Votes

No roll call votes available for this bill.

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