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119-s-563119th CongressWALLET

Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025

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

In Committee

Summary

Settles the Ohkay Owingeh's Rio Chama water rights and funds a trust for water infrastructure and restoration. The bill would ratify a specific settlement agreement and set how Pueblo water rights are held, used, and protected.

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  • Ohkay Owingeh members: The bill makes Pueblo Water Rights trust assets that cannot be lost through non-use and lets the Pueblo allocate, lease, and manage those rights on Pueblo land. Off-Pueblo leases need Secretary approval and are limited to 99 years.
  • Federal funding and Trust Fund: It creates the Ohkay Owingeh Water Rights Settlement Trust Fund and mandates a federal appropriation of $745.0 million indexed for construction cost changes. Up to $100.0 million would be available immediately for bosque restoration, acequia improvements, water planning, and infrastructure.
  • State and local impacts plus legal tradeoffs: The State must provide $98.5 million for signatory acequia improvements and $32.0 million for the City of Espanola. On the bill's enforceability date the Pueblo and the United States would execute waivers of prior Rio Chama claims while the Pueblo and the United States retain specified environmental and other reserved rights.

*This bill would increase federal spending by a mandatory appropriation of $745.0 million, with up to $100.0 million available immediately on the bill's enforceability date.*

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Bill Overview

Analyzed Economic Effects

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

Big funding for water settlement

If enacted, the bill would create the Ohkay Owingeh Water Rights Settlement Trust Fund and direct a one-time $745 million transfer from the Treasury into it. The money would remain available until spent and the Trustee could invest the assets and keep earnings. Indexing would adjust the $745 million up or down using a Bureau of Reclamation construction-cost index and further Secretary determinations; indexing for any increment would start June 1, 2023 and run until deposit. The Act would also require the State to provide about $98.5 million (as adjusted) for acequia ditch work, $32 million (as adjusted) for the City of Española, and $500,000 into a mitigation account. On deposit, no more than $100 million would be immediately available for specified uses, and withdrawals must follow the American Indian Trust Fund Management Reform Act or an approved expenditure plan.

When settlement becomes enforceable

If enacted, the bill would make most settlement benefits effective only after the Secretary publishes findings in the Federal Register that a set of milestones are met. Those milestones include amending and signing the Agreement, securing court approval and a Partial Final Judgment, depositing all appropriated funds into the Trust Fund, the State providing required funding or funding agreements (and any enabling legislation for 99-year Pueblo leases), and execution of required waivers. The bill would toll certain limitation periods from enactment until that Enforceability Date. If the Secretary fails to publish the findings by July 1, 2038 (unless extended by agreement), the Act could expire, waivers and authorizations would end, unspent federal funds could be returned, and the United States could offset expended funds against certain claims. The United States would also not be liable to carry out the Act if Congress does not appropriate money.

Environmental rules and project costs

If enacted, the bill would require the Secretary and the Pueblo to follow the Endangered Species Act, NEPA, and other federal environmental laws when carrying out projects. The Pueblo would prepare environmental documents and the Secretary would independently review and be responsible for them. Many compliance and coordination costs would be paid from the Trust Fund, but inherently federal approval costs remain the Secretary's responsibility and the Pueblo must coordinate bosque work with the Army Corps. For Pueblo-funded bosque projects, the Pueblo would hold the United States harmless for construction or operation damages.

Pueblo water rights and leases

If enacted, the bill would declare the Pueblo's Rio Chama water rights to be held in trust by the United States and protect those rights from loss by nonuse or forfeiture. The Pueblo would be able to allocate, distribute, and lease Pueblo water rights on Pueblo land and, with the Secretary's approval, off Pueblo land. Off-Pueblo leases could run up to 99 years including renewals, but the Pueblo could not permanently sell away any portion of its water rights. In exchange, the Pueblo and the United States would sign waivers releasing many pre‑enforceability-date claims, subject to specific reservations such as preserved water-quality claims and rights recognized in the Agreement.

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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