S AMDT 1105

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H.R.1495 To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.
Sponsor: Mary L. Landrieu (D) LA
 
Status: Active
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S 1105 IS

111th CONGRESS

1st Session

S. 1105

To authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.

IN THE SENATE OF THE UNITED STATES

May 20, 2009

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs


A BILL

To authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the ‘Aamodt Litigation Settlement Act’.

    (b) Table of Contents- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

      Sec. 101. Authorization of Regional Water System.

      Sec. 102. Operating Agreement.

      Sec. 103. Acquisition of Pueblo water supply for the Regional Water System.

      Sec. 104. Delivery and allocation of Regional Water System capacity and water.

      Sec. 105. Aamodt Settlement Pueblos’ Fund.

      Sec. 106. Environmental compliance.

      Sec. 107. Authorization of appropriations.

TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

      Sec. 201. Settlement Agreement and contract approval.

      Sec. 202. Environmental compliance.

      Sec. 203. Conditions precedent and enforcement date.

      Sec. 204. Waivers and releases.

      Sec. 205. Effect.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) AAMODT CASE- The term ‘Aamodt Case’ means the civil action entitled State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).

      (2) ACRE-FEET- The term ‘acre-feet’ means acre-feet of water per year.

      (3) AUTHORITY- The term ‘Authority’ means the Pojoaque Basin Regional Water Authority described in section 9.5 of the Settlement Agreement or an alternate entity acceptable to the Pueblos and the County to operate and maintain the diversion and treatment facilities, certain transmission pipelines, and other facilities of the Regional Water System.

      (4) CITY- The term ‘City’ means the city of Santa Fe, New Mexico.

      (5) COST-SHARING AND SYSTEM INTEGRATION AGREEMENT- The term ‘Cost-Sharing and System Integration Agreement’ means the agreement to be executed by the United States, the State, the Pueblos, the County, and the City that--

        (A) describes the location, capacity, and management (including the distribution of water to customers) of the Regional Water System; and

        (B) allocates the costs of the Regional Water System with respect to--

          (i) the construction, operation, maintenance, and repair of the Regional Water System;

          (ii) rights-of-way for the Regional Water System; and

          (iii) the acquisition of water rights.

      (6) COUNTY- The term ‘County’ means Santa Fe County, New Mexico.

      (7) COUNTY DISTRIBUTION SYSTEM- The term ‘County Distribution System’ means the portion of the Regional Water System that serves water customers on non-Pueblo land in the Pojoaque Basin.

      (8) COUNTY WATER UTILITY- The term ‘County Water Utility’ means the water utility organized by the County to--

        (A) receive water distributed by the Authority; and

        (B) provide the water received under subparagraph (A) to customers on non-Pueblo land in the Pojoaque Basin.

      (9) ENGINEERING REPORT- The term ‘Engineering Report’ means the report entitled ‘Pojoaque Regional Water System Engineering Report’ dated September 2008 and any amendments thereto, including any modifications which may be required by section 101(d)(2).

      (10) FUND- The term ‘Fund’ means the Aamodt Settlement Pueblos’ Fund established by section 105(a).

      (11) OPERATING AGREEMENT- The term ‘Operating Agreement’ means the agreement between the Pueblos and the County executed under section 102(a).

      (12) OPERATIONS, MAINTENANCE, AND REPLACEMENT COSTS-

        (A) IN GENERAL- The term ‘operations, maintenance, and replacement costs’ means all costs for the operation of the Regional Water System that are necessary for the safe, efficient, and continued functioning of the Regional Water System to produce the benefits described in the Settlement Agreement.

        (B) EXCLUSION- The term ‘operations, maintenance, and replacement costs’ does not include construction costs or costs related to construction design and planning.

      (13) POJOAQUE BASIN-

        (A) IN GENERAL- The term ‘Pojoaque Basin’ means the geographic area limited by a surface water divide (which can be drawn on a topographic map), within which area rainfall and runoff flow into arroyos, drainages, and named tributaries that eventually drain to--

          (i) the Rio Pojoaque; or

          (ii) the 2 unnamed arroyos immediately south; and

          (iii) 2 arroyos (including the Arroyo Alamo) that are north of the confluence of the Rio Pojoaque and the Rio Grande.

        (B) INCLUSION- The term ‘Pojoaque Basin’ includes the San Ildefonso Eastern Reservation recognized by section 8 of Public Law 87-231 (75 Stat. 505).

      (14) PUEBLO- The term ‘Pueblo’ means each of the pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque.

      (15) PUEBLOS- The term ‘Pueblos’ means collectively the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.

      (16) PUEBLO LAND- The term ‘Pueblo land’ means any real property that is--

        (A) held by the United States in trust for a Pueblo within the Pojoaque Basin;

        (B)(i) owned by a Pueblo within the Pojoaque Basin before the date on which a court approves the Settlement Agreement; or

        (ii) acquired by a Pueblo on or after the date on which a court approves the Settlement Agreement, if the real property is located--

          (I) within the exterior boundaries of the Pueblo, as recognized and conformed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or

          (II) within the exterior boundaries of any territory set aside for the Pueblo by law, executive order, or court decree;

        (C) owned by a Pueblo or held by the United States in trust for the benefit of a Pueblo outside the Pojoaque Basin that is located within the exterior boundaries of the Pueblo as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or

        (D) within the exterior boundaries of any real property located outside the Pojoaque Basin set aside for a Pueblo by law, executive order, or court decree, if the land is within or contiguous to land held by the United States in trust for the Pueblo as of January 1, 2005.

      (17) PUEBLO WATER FACILITY-

        (A) IN GENERAL- The term ‘Pueblo Water Facility’ means--

          (i) a portion of the Regional Water System that serves only water customers on Pueblo land; and

          (ii) portions of a Pueblo water system in existence on the date of enactment of this Act that serve water customers on non-Pueblo land, also in existence on the date of enactment of this Act, or their successors, that are--

            (I) depicted in the final project design, as modified by the drawings reflecting the completed Regional Water System; and

            (II) described in the Operating Agreement.

        (B) INCLUSIONS- The term ‘Pueblo Water Facility’ includes--

          (i) the barrier dam and infiltration project on the Rio Pojoaque described in the Engineering Report; and

          (ii) the Tesuque Pueblo infiltration pond described in the Engineering Report.

      (18) REGIONAL WATER SYSTEM-

        (A) IN GENERAL- The term ‘Regional Water System’ means the Regional Water System described in section 101(a).

        (B) EXCLUSIONS- The term ‘Regional Water System’ does not include the County or Pueblo water supply delivered through the Regional Water System.

      (19) SAN JUAN-CHAMA PROJECT- The term ‘San Juan-Chama Project’ means the Project authorized by section 8 of the Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 Stat. 105).

      (20) SAN JUAN-CHAMA PROJECT ACT- The term ‘San Juan-Chama Project Act’ means sections 8 through 18 of the Act of June 13, 1962 (76 Stat. 96, 97).

      (21) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

      (22) SETTLEMENT AGREEMENT- The term ‘Settlement Agreement’ means the stipulated and binding agreement among the State, the Pueblos, the United States, the County, and the City dated January 19, 2006, and signed by all of the government parties to the Settlement Agreement (other than the United States) on May 3, 2006, and as amended in conformity with this Act.

      (23) STATE- The term ‘State’ means the State of New Mexico.

TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM


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