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119-s-562119th CongressWALLET

Rio San José and Rio Jemez Water Settlements Act of 2025

Sponsored By: Senator Heinrich, Martin [D-NM]

In Committee

Summary

This bill would settle and fund water-rights claims for four New Mexico Pueblos and create dedicated trust funds to implement those settlements. It would ratify specific local settlement agreements for the Pueblos of Acoma, Laguna, Jemez, and Zia and authorize the Secretary of the Interior to carry them out.

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Bill Overview

Analyzed Economic Effects

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

New Pueblo water trust funds

If enacted, this bill would create large Treasury-funded trust accounts for Acoma, Laguna, and the Acomita Reservoir. Treasury deposits would include $296 million to Acoma, $464 million to Laguna, plus separate $14 million and $26 million O&M accounts, $1.75 million and $3.25 million feasibility accounts, and $45 million for Acomita works. Amounts would be adjusted by the Bureau of Reclamation cost index and may be further adjusted by the Secretary. Up to $15 million per Pueblo from water settlement accounts could be available on deposit for installing groundwater wells, subject to compliance and approval. Funds would be managed and invested under federal trust rules and remain available until spent.

Settlement waivers, tolling, and expiry

If enacted, the Pueblos and the United States would execute broad waivers and releases of covered historic water claims in the stream systems, effective on the Enforceability Date. The bill would also pause (toll) certain claim deadlines from enactment until the Enforceability Date, but it would not revive claims already expired before enactment. If the Secretary fails to publish required findings by July 1, 2030 (or a later agreed date), the title would expire and unspent federal funds and related assets could be returned to the government or offset with interest.

Pueblo water rights and leasing

If enacted, this bill would put the agreed Pueblo water rights in Federal trust and protect them from loss by non‑use, forfeiture, or abandonment. The Pueblos would be able to allocate, distribute, and lease those Pueblo water rights for use on Pueblo land. They could also lease water for use off Pueblo land, but off‑Pueblo uses would need the Secretary's approval. Permanent alienation of Pueblo water rights would be prohibited.

State funding for local water

If enacted, this bill would require New Mexico to provide specific funds for local water projects tied to the settlements. That includes about $23.5 million for Grants‑Milan projects, $12.0 million for acequia and offset projects, and $500,000 to mitigate some non‑Pueblo groundwater impacts. These amounts would be adjusted for inflation under the Agreement and provided to named funds or beneficiaries.

Federal funding depends on Congress

If enacted, the bill would make Federal performance of obligations under the title depend on Congress providing explicit appropriations. The United States would not be liable for failing to carry out title obligations if Congress does not provide the needed appropriations.

Pueblo reporting and court review

If enacted, each Pueblo would have to send an annual report to the Secretary showing withdrawals and accomplishments once they start spending trust funds. On the Enforceability Date, the United States and the Pueblos would allow limited judicial review in New Mexico courts of Pueblo Water Right Permit decisions, using narrow standards like substantial evidence and no fraud. The Pueblos would also agree not to object in general stream cases to reasonable domestic, livestock, and irrigation uses on Allotments that existed as of enactment.

Sponsors & CoSponsors

Sponsor

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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