Overview
Title
To approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San José Stream System and the Pueblos of Jemez and Zia in the Rio Jemez Stream System in the State of New Mexico, and for other purposes.
ELI5 AI
H.R. 1322 is a bill that wants to make sure some Native American groups in New Mexico can use water fairly by setting up money funds to help them manage and care for water. These funds ensure they can build things they need and follow the rules about taking care of the environment while also making sure everyone agrees on who gets to use the water.
Summary AI
H.R. 1322 is a bill aimed at resolving water rights disputes for certain Pueblos in New Mexico. It seeks to finalize agreements regarding water usage for the Pueblos of Acoma and Laguna in the Rio San José Stream System and the Pueblos of Jemez and Zia in the Rio Jemez Stream System. The bill requires the establishment of settlement trust funds to finance necessary infrastructure and ensure environmental compliance, while also outlining the conditions under which these water rights will be held and managed. Additionally, it details the waivers of claims by the Pueblos against the United States in exchange for recognizing their water rights, with provisions for enforcement and adjustments for fluctuations in costs.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The proposed Rio San José and Rio Jemez Water Settlements Act of 2025 seeks to resolve longstanding water rights claims involving the Pueblos of Acoma, Laguna, Jemez, and Zia in New Mexico. This bill approves settlement agreements for water rights, establishes trust funds for infrastructure projects, and outlines mechanisms for the administration and allocation of water rights both on and off Pueblo land. Its intent is to create a fair and final settlement in line with agreements involving these Pueblos, the State of New Mexico, and the federal government acting as trustee for the Pueblos.
Significant Issues
One of the main concerns with this bill is the substantial federal funding allocated to Pueblo Trust Funds without clear oversight mechanisms. Sections 105, 205, and 106 describe the establishment of these funds but do not adequately address how they will be monitored to prevent misuse or mismanagement. The absence of detailed accountability measures could result in inefficiencies and financial mismanagement.
Further complexities arise from vague legislative language. Terms like "reasonable" in the management of water rights and "community welfare" in funding usage are open to interpretation, which may lead to subjective decision-making, inconsistencies, or potential bias. Additionally, the bill grants significant control to Pueblos over their water rights, which might affect water resource management within the state, potentially leading to conflicts with other water users.
The waiver and release of claims, especially in sections 108 and 208, are embedded in complex legal jargon. This might obscure understanding for those who are not legal experts, possibly leading to misinterpretations of rights and responsibilities, thereby complicating long-term planning arrangements.
Public and Stakeholder Impact
The bill broadly impacts how water resources are managed and funded in regions inhabited by the Pueblos of Acoma, Laguna, Jemez, and Zia. For general residents of New Mexico, it can result in more clearly defined water rights that might improve water management. However, this comes with the risk of potentially long-standing disputes if misunderstandings or disagreements arise over the control and distribution of these rights.
Specific stakeholder groups, such as the mentioned Pueblos, stand to gain significantly from the funding and established rights to manage water resources, potentially promoting economic development and improved infrastructure. Yet, these same stakeholders might face challenges if the procedures for fund allocation are not consistently managed or if disagreements emerge through the waiver and claims process.
Additionally, with the provision allowing the U.S. to alter the agreement post-execution without the need for congressional approval, there are concerns about the balance of power and adequate vetting of substantial changes to water rights agreements.
Conclusion
The Rio San José and Rio Jemez Water Settlements Act of 2025 aims to address historical water rights disputes and allocate considerable funding to support infrastructure projects for the Pueblos. However, it faces criticism over its financial oversight and management detail, potential legal ambiguities, and broad power offerings. Stakeholders involved must navigate these complexities to ensure that the legislative intent of fair and equitable distribution of water rights and funds is achieved without side-stepping oversight or long-term stakeholder interests.
Financial Assessment
The bill, H.R. 1322, involves significant financial components concerning the settlement of water rights for several Pueblos in New Mexico, specifically the Pueblos of Acoma, Laguna, Jemez, and Zia. Here is a detailed examination of the financial allocations and how they relate to identified issues:
Financial Summary
The bill includes numerous provisions for the establishment and management of settlement trust funds which aim to facilitate the water rights settlements for affected Pueblos in New Mexico. These funds are significant in size and purpose:
- Pueblo of Acoma Settlement Trust Fund and Pueblo of Laguna Settlement Trust Fund receive specific allocations:
- Water Rights Settlement Account: $296,000,000 for Acoma and $464,000,000 for Laguna.
- Water Infrastructure Operations and Maintenance Account: $14,000,000 for Acoma and $26,000,000 for Laguna.
- Feasibility Studies Settlement Account: $1,750,000 for Acoma and $3,250,000 for Laguna.
Acomita Reservoir Works Trust Fund: $45,000,000 shared between Acoma and Laguna.
Pueblo of Jemez and Pueblo of Zia Settlement Trust Funds allocations include:
- Jemez Trust Fund: $290,000,000.
- Zia Trust Fund: $200,000,000.
These funds are marked to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, which underscores their persistent allocation for the specified purpose.
Issues Related to Financial Allocations
Oversight and Accountability: While the bill authorizes significant funding, it lacks detailed oversight mechanisms. This lack of clarity around financial governance can lead to gaps in accountability, as seen in the identified issue regarding the potential mismanagement of funds allocated in sections 105 and 205.
Definition and Criteria Ambiguity: Terms like "reasonable" and "community welfare," particularly in financial allocation contexts, lack clear definitions that could guide fund usage. This vagueness may result in subjective interpretations and the risk of inconsistent applications, which poses financial management challenges.
Potential for Unregulated Changes: The bill grants the Secretary the ability to modify agreements post-execution, which includes financial terms. This allowance raises concerns about unchecked changes affecting financial allocations that may not undergo thorough congressional review.
Environmental Compliance and Financial Commitments: Sections detailing environmental compliance mention that the execution of the Agreement does not constitute a major Federal action, potentially limiting in-depth reviews. This poses a financial risk if issues arise post-compliance that necessitate additional funding not originally accounted for.
Market Volatility and Financial Unpredictability: The bill accounts for adjustments in funding based on market conditions and construction cost indices without imposing strict caps. While such flexibility can be beneficial, it also opens the door to potential financial unpredictability and overspending.
Conclusion
H.R. 1322 lays out extensive financial plans as part of its water settlement efforts, yet concerns regarding oversight and clarity in financial allocation terms bring challenges that could impact the efficient implementation of these plans. Ensuring robust mechanisms for financial management and clarity in terms would be essential to address these challenges and meet the intended objectives of the bill effectively.
Issues
The bill authorizes substantial federal funding for the Pueblo Trust Funds without clearly detailing oversight mechanisms or accountability processes to ensure the funds are used appropriately and effectively. This is particularly relevant in sections 105, 205, and 106.
The lack of clear definitions or criteria for terms such as 'reasonable' and 'community welfare' in sections 105 and 205 risks subjective and potentially inconsistent application, leading to financial management concerns.
Sections 104 and 204 grant extensive control to the Pueblos over water rights, including leasing and distribution both on and off Pueblo land. This could lead to significant legal and ethical implications regarding water resource management and potential conflicts with other water users.
The waiver and release of claims in sections 108 and 208 involve complex legal language that may be difficult for non-experts to understand, potentially leading to misinterpretations of rights and obligations. This could impact long-term planning and fair treatment of all parties involved.
The provision in sections 103 and 203 allows modifications to the Agreement post-execution by the Secretary without congressional approval unless specifically required, which could lead to significant changes not initially vetted by Congress.
Sections 106 and 206 provide for funding adjustments based on market volatility and construction cost indices without specifying a cap or limit, leading to potential financial unpredictability or overspending.
The language related to environmental compliance in sections 103 and 203 may specifically limit the depth of environmental reviews, as the execution of the Agreement is not considered a major Federal action under the National Environmental Policy Act, potentially bypassing detailed environmental scrutiny if significant impacts occur.
The antideficiency provision in sections 112 and 211, which states the United States is not liable for obligations if Congress does not provide adequate appropriations, raises questions about the commitment and continuity of federal support for these agreements.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The “Rio San José and Rio Jemez Water Settlements Act of 2025” is a proposed law that outlines the water rights settlements for the Pueblos of Acoma, Laguna, Jemez, and Zia. It includes details and provisions regarding the ratification of agreements, the establishment of trust funds, funding, and the consent of the United States for a judicial review of Pueblo Water Rights decisions.
101. Purposes Read Opens in new tab
Summary AI
The section's purposes are to settle disputes over water rights for the Rio San José Stream System involving the Pueblos of Acoma and Laguna, the State of New Mexico, and the United States. It authorizes an agreement among these parties, allows the Secretary to implement necessary actions, and allocates funding to support this effort.
102. Definitions Read Opens in new tab
Summary AI
In this section, various terms related to water rights and agreements in certain areas of New Mexico are defined. These definitions include terms for specific irrigation districts, legal agreements, land types, water basins, and organizations or entities involved, such as the Pueblos of Acoma and Laguna, the State of New Mexico, and the U.S. Secretary of the Interior.
103. Ratification of Agreement Read Opens in new tab
Summary AI
The section outlines that an agreement is approved and confirmed as long as it aligns with this title, allowing for modifications if they do not require further congressional approval. It also emphasizes that both the Secretary and the Pueblos must adhere to major environmental laws during implementation, with any costs covered by the Pueblo Trust Funds, while the Secretary remains responsible for Federal review activities.
104. Pueblo Water Rights Read Opens in new tab
Summary AI
The section on Pueblo Water Rights details how these rights will be managed by the United States in trust for the Pueblos, ensuring they are protected from loss due to non-use or legal issues. The Pueblos can manage and lease the water rights both on and off Pueblo land with appropriate approval, while ensuring that any water rights on allotted lands are recognized and not objected to; notably, the rights are protected against forfeiture and cannot be permanently transferred.
105. Settlement trust funds Read Opens in new tab
Summary AI
The text outlines the establishment and management of trust funds for the Pueblo of Acoma and the Pueblo of Laguna. These trust funds, managed by the Secretary, will support water-related projects and infrastructure, ensuring that funds are used according to specific plans approved by the Secretary and not distributed directly to individuals.
Money References
- (2) USE OF FUNDS.—Notwithstanding paragraph (1)— (A) amounts deposited in the Feasibility Studies Settlement Account of each Pueblo Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to the Pueblo on the date on which the amounts are deposited for uses described in subsection (h)(3), and in accordance with the Agreement; (B) amounts deposited in the Acomita Reservoir Works Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to the Pueblos on the date on which the amounts are deposited for uses described in subsection (h)(4), and in accordance with the Agreement; and (C) up to $15,000,000 from the Water Rights Settlement Account for each Pueblo shall be available on the date on which the amounts are deposited for installing, on Pueblo Lands, groundwater wells to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance.
106. Funding Read Opens in new tab
Summary AI
The section outlines the allocation of funds from the Treasury for various settlement accounts and projects related to water rights and infrastructure for the Pueblo of Acoma and the Pueblo of Laguna. It also addresses cost adjustments due to market changes and stipulates the State’s contributions for specific local water projects, adjusting the figures for inflation as per the agreement.
Money References
- ACCOUNT.—For deposit in the Water Rights Settlement Account established under section 105(b)(1)(A), $296,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
- (B) THE WATER INFRASTRUCTURE OPERATIONS AND MAINTENANCE ACCOUNT.—For deposit in the Water Infrastructure Operations and Maintenance Account established under section 105(b)(1)(B), $14,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
- (C) THE FEASIBILITY STUDIES SETTLEMENT ACCOUNT.—For deposit in the Feasibility Studies Settlement Account established under section 105(b)(1)(C), $1,750,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (2) PUEBLO OF LAGUNA SETTLEMENT TRUST FUND.— (A) THE WATER RIGHTS SETTLEMENT
- ACCOUNT.—For deposit in the Water Rights Settlement Account established under section 105(b)(2)(A), $464,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
- (B) THE WATER INFRASTRUCTURE OPERATIONS AND MAINTENANCE ACCOUNT.—For deposit in the Water Infrastructure Operations and Maintenance Account established under section 105(b)(2)(B), $26,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
- (C) THE FEASIBILITY STUDIES SETTLEMENT ACCOUNT.—For deposit in the Feasibility Studies Settlement Account established under section 105(b)(2)(C), $3,250,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (3) ACOMITA RESERVOIR WORKS TRUST FUND.—For deposit in the Acomita Reservoir Works Trust Fund, $45,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
- (4) PERIOD OF INDEXING.—The period of indexing and adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which funds are deposited in the applicable Pueblo Trust Fund. (c) State cost-Share.—Pursuant to the Agreement, the State shall contribute— (1) $23,500,000, as adjusted for inflation pursuant to the Agreement, for the Joint Grants-Milan Project for Water Re-Use, Water Conservation and Augmentation of the Rio San José, the Village of Milan Projects Fund, and the City of Grants Projects Fund; (2) $12,000,000, as adjusted for the inflation pursuant to the Agreement, for Signatory Acequias Projects and Offset Projects Fund for the Association of Community Ditches of the Rio San José; and (3) $500,000, as adjusted for inflation pursuant to the Agreement, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use.
107. Enforceability Date Read Opens in new tab
Summary AI
The section describes the conditions for when an agreement is enforceable, stating that it will be official once changes are made to ensure the agreement aligns with the title, all parties sign the amended version, necessary funds are allocated, the state enacts specific legislation, the court approves the agreement, and required waivers are signed by involved parties.
108. Waivers and releases of claims Read Opens in new tab
Summary AI
The section details the waivers and releases of claims related to the Pueblo Water Rights. It explains that the Pueblos and the United States, acting as a trustee for the Pueblos, will release claims for water rights within a specific river system, except for those recognized by an Agreement. This section lists the conditions, exceptions, and the potential expiration of these waivers if certain actions aren't completed by specified dates.
109. Satisfaction of claims Read Opens in new tab
Summary AI
The benefits provided under this title completely replace and fulfill any claims the Pueblos have against the United States, as long as those claims are waived and released by the Pueblos according to a previous section.
110. Consent of United States to jurisdiction for judicial review of a Pueblo Water Right permit decision Read Opens in new tab
Summary AI
The text allows the United States to agree to New Mexico's authority to review decisions on Pueblo Water Right permits in specific courts. This review is limited to checking if the decision was based on solid evidence, followed the law, didn't show fraud, and adhered to agreements, with some matters requiring certification from Pueblo courts.
111. Miscellaneous provisions Read Opens in new tab
Summary AI
The miscellaneous provisions section clarifies that this law does not waive the U.S. government's sovereign immunity, nor does it affect land or water rights of other tribes or allottees apart from the Pueblos. It also maintains all existing laws related to environmental enforcement actions before the Act, and specifies that the title's terms take precedence in case of any conflict with the Agreement.
112. Antideficiency Read Opens in new tab
Summary AI
The United States government is not responsible for failing to fulfill any tasks or promises mentioned in this section if Congress does not provide enough funding for these activities.
201. Purposes Read Opens in new tab
Summary AI
The section outlines the goals of the legislation, which include resolving water rights claims in New Mexico's Jemez River for the Pueblo of Jemez, Pueblo of Zia, and the U.S. government as trustee. It aims to approve an agreement among the parties, directs the Secretary to implement it, and allocates funds for its execution.
202. Definitions Read Opens in new tab
Summary AI
The section provides definitions for key terms related to a legal agreement concerning water rights in New Mexico, particularly involving the Pueblos of Jemez and Zia. It defines terms such as "Adjudication," "Agreement," "Enforceability Date," "Jemez River Stream System," "Pueblo Land," and other related terms, clarifying their meanings in the context of the water rights settlement.
203. Ratification of Agreement Read Opens in new tab
Summary AI
The section discusses the approval and execution of an Agreement by confirming it as long as it aligns with the title and doesn't require further congressional approval for modifications. The Secretary and Pueblos must comply with various environmental laws during implementation, and the costs associated with compliance are handled through specific funds, though Federal-related costs are the Secretary's responsibility.
204. Pueblo Water Rights Read Opens in new tab
Summary AI
The given section states that the Pueblo Water Rights are held in trust by the United States for the Pueblos, cannot be lost or forfeited through non-use, and must be used according to specific agreements and laws. Additionally, the Pueblos have the authority to manage these rights on their land and potentially off it with approval, while ensuring no permanent loss or alienation of these rights occurs.
205. Settlement trust funds Read Opens in new tab
Summary AI
The section establishes two trust funds for the Pueblos of Jemez and Zia, managed by the Secretary, to support water-related projects and infrastructure. The funds may be used for purposes like water project development and environmental compliance, but they cannot be distributed to individuals or be used for anything outside the prescribed purposes.
Money References
- (2) USE OF FUNDS.—Notwithstanding paragraph (1), $25,000,000 of the amounts deposited in each Pueblo Trust Fund shall be available to the appropriate Pueblo for— (A) developing economic water development plans; (B) preparing environmental compliance documents; (C) preparing water project engineering designs; (D) establishing and operating a water resource department; (E) installing supplemental irrigation groundwater wells; and (F) developing water measurement and reporting water use plans.
206. Funding Read Opens in new tab
Summary AI
The section outlines funding allocations, where the Secretary of the Treasury must transfer $290 million to the Pueblo of Jemez Settlement Trust Fund and $200 million to the Pueblo of Zia Settlement Trust Fund. These amounts can be adjusted based on cost changes over time. The state also has responsibilities to contribute funds to support local projects and mitigate impacts on water rights, with adjustments for inflation.
Money References
- (a) Mandatory appropriation.—Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Pueblo of Jemez Settlement Trust Fund established under section 205(a) $290,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Pueblo of Zia Settlement Trust Fund established under that section $200,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs.
- (4) PERIOD OF INDEXING.—The period of indexing adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which the funds are deposited in the applicable Pueblo Trust Fund. (c) State cost share.—The State shall contribute— (1) $3,400,000, as adjusted for inflation pursuant to the Agreement, to the San Ysidro Community Ditch Association for capital and operating expenses of the mutual benefit Augmentation Project; (2) $16,159,000, as adjusted for inflation pursuant to the Agreement, for Jemez River Basin Water Users Coalition acequia ditch improvements; and (3) $500,000, as adjusted for inflation, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use.
207. Enforceability date Read Opens in new tab
Summary AI
The Enforceability Date depends on several conditions being met, including changes to an Agreement to align with this title, execution by all involved parties, approval by a New Mexico court, full appropriation and deposit of funds, state provision of specific funding and enactment of legislation for water rights leasing, and execution of waivers by the Pueblos and the Secretary.
208. Waivers and releases of claims Read Opens in new tab
Summary AI
The text outlines waivers and releases of claims related to Pueblo Water Rights, requiring the Pueblos and the United States to waive claims over water rights disputes in the Jemez River Stream System before a specified date. It also details exceptions for reserving rights, the consequences if the conditions are not met by 2030, and specifies that certain rights related to environmental acts and responsibilities of the United States remain unaffected.
209. Satisfaction of claims Read Opens in new tab
Summary AI
The benefits described in this section completely replace and satisfy any claims the Pueblos might have had against the United States, as these claims are relinquished according to section 208(b).
210. Miscellaneous provisions Read Opens in new tab
Summary AI
The miscellaneous provisions state that the United States does not give up its legal protection from being sued, it does not affect the rights of other tribes regarding land or water, it does not change existing laws related to federal environmental actions, and if there's a conflict between this bill and an agreement, the bill takes priority.
211. Antideficiency Read Opens in new tab
Summary AI
The section explains that the United States government is not responsible for fulfilling any duties or activities outlined in the title, including those related to the Agreement, if Congress does not specifically provide the necessary funding.