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119-hr-1323119th CongressWALLET

Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025

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

Introduced

Summary

Final settlement of Rio Chama water rights for Ohkay Owingeh would pair formal recognition of Pueblo water rights with a federal Trust Fund and rules to implement and protect those rights.

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  • Ohkay Owingeh Pueblo: Would receive trust-status water rights with protection from forfeiture, authority to manage and lease water (up to 99 years with Secretary approval), and control of infrastructure paid from the Trust Fund.
  • State and local water users: New Mexico must provide cost shares including about $98.5 million for acequia improvements and $32.0 million for the City of Espanola, which supports ditch and city system upgrades and bosque projects.
  • Trust Fund and environmental work: Would create a Settlement Trust Fund for planning, construction, bosque restoration, water-rights management, and environmental compliance, capitalized by a mandatory appropriation of $745.0 million and subject to investment and withdrawal rules.

*Would increase mandatory federal spending by $745.0 million to capitalize the Settlement Trust Fund, with indexing and repricing mechanisms that could raise future outlays.*

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

State payments for local water projects

If enacted, New Mexico would provide $98.5 million (adjusted for inflation) for Signatory Acequias ditch improvements, $32 million (adjusted for inflation) for the City of Espanola water projects, and $500,000 into an interest-bearing account to mitigate non‑Pueblo groundwater impacts. Those State contributions must be provided or contracted before the Enforceability Date.

Settlement trigger, waivers, and tolling

If enacted, many settlement duties and payments would not start until the Secretary publishes an Enforceability Date in the Federal Register. The Enforceability Date would require court approval, full deposit of federal funds, State funding or funding agreements, a law to allow 99‑year leases where needed, and signed waivers. On that date Ohkay Owingeh and the United States would sign broad waivers of pre‑existing Rio Chama claims while keeping certain claims like water quality and post‑date rights. The bill would pause legal deadlines from enactment until the Enforceability Date and would let the Act expire if the Secretary does not publish findings by July 1, 2038.

Large tribal water trust fund

If enacted, the government would create a $745 million Ohkay Owingeh Water Rights Settlement Trust Fund. The amount would be adjusted by a construction cost index and by the Secretary for market changes starting June 1, 2023. Up to $100 million of the deposited funds (including earnings) would be available on the date of deposit for specific water, bosque, acequia, and infrastructure uses. Withdrawals would require an approved Tribal management plan or an approved expenditure plan and the Secretary would manage, invest, and enforce those plans.

Protections and leasing of Pueblo water

If enacted, the bill would protect Ohkay Owingeh Pueblo Water Rights from being lost by non‑use, forfeiture, abandonment, or permanent sale. Ohkay Owingeh would be allowed to allocate, distribute, and lease water rights for use on Pueblo land and to lease off‑Pueblo uses with Secretary approval. Any off‑Pueblo lease (including renewals) would be limited to 99 years.

Limits if Congress doesn’t fund promises

If enacted, the United States would not be liable for failing to carry out any obligation under this Act if Congress does not expressly provide the needed appropriations. This means promised payments, projects, or actions could be delayed or not happen without new Congressional funding.

Environmental reviews and bosque projects

If enacted, projects under the Agreement would have to follow NEPA, the Endangered Species Act, and other federal environmental laws. The Pueblo would prepare required environmental documents and the Secretary would independently review and be responsible for them. For bosque restoration projects, the Pueblo would coordinate with the U.S. Army Corps of Engineers, the Trust Fund would pay Corps review costs, and the Pueblo must hold the United States harmless for those projects.

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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