Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025
Sponsored By: Representative Leger Fernandez, Teresa [D-NM-3]
Introduced
Summary
Ohkay Owingeh's Rio Chama water rights settlement would ratify a negotiated agreement that confirms the Pueblo's water rights and creates a federal trust fund to finance restoration and water projects. It ties funding, legal waivers, and state actions to a formal enforceability trigger.
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- Ohkay Owingeh: Declares Pueblo water rights as trust assets that are protected from forfeiture and allows the Pueblo to allocate, lease, or use those rights on Pueblo Land and, with Secretary approval, off Pueblo Land. The Pueblo must execute wide waivers of prior claims within the Rio Chama system as a condition of the deal.
- Local users and towns: The State must provide a cost share for ditch and system improvements including $98.5 million for signatory acequias and $32.0 million for the City of Espanola, plus a $0.5 million mitigation deposit for groundwater impacts.
- Trust Fund and federal role: The bill would create the Ohkay Owingeh Water Rights Settlement Trust Fund to be managed by the Secretary for bosque restoration, water infrastructure, water rights management, and related environmental compliance. No per‑capita payouts are allowed and initial withdrawals follow approved tribal plans or expenditure plans. The Act also requires environmental review and lets the Secretary enforce management and expenditure plans.
*The bill would require a mandatory appropriation of $745.0 million from the Treasury to be deposited into the Trust Fund.*
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
Big trust fund for Pueblo water projects
If enacted, the government would deposit about $745 million (adjusted by a construction cost index) into a new Trust Fund for Ohkay Owingeh. Up to $100 million could be available on the day of deposit. Money could pay for water supply, wastewater, irrigation, bosque and habitat work, land and water rights, and related compliance. No per-person cash payments would be allowed. Most withdrawals would need a Secretary‑approved plan, and environmental review and Army Corps review costs could be paid from the fund.
Settlement timing, approvals, and 2038 deadline
The settlement would only take effect after the Secretary publishes six findings, including court approval, signed agreements, all federal deposits made, State funding delivered, a 99‑year leasing law, and executed waivers. If those findings are not published by July 1, 2038 (or a later agreed date), the Act would expire and unspent federal money or property could return to the government. Also, the United States would not be liable to perform if Congress does not provide the needed appropriations.
Protect Pueblo water rights and leasing
This bill would protect Pueblo water rights as trust assets that could not be lost for non‑use or forfeited. Ohkay Owingeh could allocate and lease water for use on Pueblo land under the settlement. Leases off Pueblo land would need the Secretary’s approval, and any lease could last no longer than 99 years including renewals. The Pueblo could not permanently sell its water rights.
State money for acequias and Espanola
This bill would require New Mexico to provide $98.5 million for acequia improvements and $32 million for Espanola water projects. It would also set aside $500,000 to protect non‑Pueblo domestic and livestock wells. These amounts would be adjusted for inflation and are conditions for the settlement to take effect.
Approve settlement and waive old claims
This bill would ratify the settlement agreement and direct the Secretary to sign it. The Secretary could approve changes that fit the Act without new approval from Congress. Ohkay Owingeh and the United States would waive older Rio Chama water claims that arose on or before the enforceability date, while keeping certain environmental and post‑enactment claims. From enactment until the enforceability date, legal time limits on those claims would be paused.
Sponsors & CoSponsors
Sponsor
Leger Fernandez, Teresa [D-NM-3]
NM • D
Cosponsors
Stansbury
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.
View on Congress.gov