Luján, Leger Fernández Introduce Legislation to Amend Water Rights Settlements and Return Earned Interest to Tribes

WASHINGTON – Today, Congresswoman Leger Fernández and Senator Luján introduced Technical Corrections to the Northwestern New Mexico Rural Water Projects Act, Taos Pueblo Indian Water Rights Settlement Act, and Aamodt Litigation Settlement Act.

The legislation authorizes the appropriation of $6.3 million for the Navajo Nation Water Resources Development Fund; $7.8 million for the Taos Pueblo Water Development Fund; and $4.3 million for  the Aamodt Settlement Pueblos’ Fund, which covers  Nambé, Pojoaque, San Ildefonso, and Tesuque Pueblos. It will support water resources development projects for the Tribes.

“Water is a part of the federal trust responsibility,” said Senator Luján. “Amending current law is vital to ensure the Navajo Nation, Taos Pueblo, and Aamodt Settlement Pueblos have access to clean, safe, and reliable water. I’m proud to introduce legislation to allow the Tribes to collect interest that they are owed from their enacted settlements to complete much-needed water infrastructure. This legislation will help fulfill our trust responsibility and promote water security for Tribes and Pueblos, as well as non-Tribal users, in New Mexico.” 

“Tribes have led by example to conserve and treasure our precious water resources since time immemorial. They agreed to forgo their senior water rights in Congressional approved settlements and it is our duty to honor our trust responsibilities and fulfill the agreements we made,” said Rep. Leger Fernández. “Today’s legislation rights a wrong that prevented sovereign tribal governments from accessing funds owed to them, funds intended to build out water development projects. This bill moves us toward greater equity and water security for tribes. I’m pleased to introduce legislation to advance the water rights settlement amendments in Congress.”

“We have a moral obligation to fulfill our nation’s commitments to deliver the resources and autonomy that Tribes need to access the water they own,” said Senator Heinrich. “These interest adjustment payments will help the Pueblos of Nambé, Pojoaque, San Ildefonso, Taos, and Tesuque, as well as the Navajo Nation, the Jicarilla Apache Nation, and their neighboring communities in New Mexico, modernize their water infrastructure and build a secure water future.”

“Water is life,” said Rep. Stansbury, a member of the House Natural Resources Committee. “Pueblo and Navajo communities have lived on these lands and cared for these waters since time immemorial. This bill will protect Pueblo and Navajo water rights and meet our communities’ water needs. I am humbled to join Senator Luján, Ranking Member Leger Fernández, and the New Mexico delegation to carry this bill forward and hopefully to the President’s desk.”

Tribal leaders also announced their support for the two bills and the return of the earned interest.

“Taos Pueblo commends Senator Ben Ray Lujan and Congresswoman Teresa Leger Fernandez for introducing legislation today to remedy the lack of investment earnings on our water rights settlement trust fund for nearly six years following enactment of our settlement legislation,” said Taos Pueblo Governor Gary J. Lujan said. “This technical correction to the Taos Pueblo Indian Water Rights Settlement Act is consistent with Congress’ longstanding practice of providing immediate investment of Tribal trust funds in water rights settlements.” 

“Thank you for your leadership to support Indian water rights settlements,” said President of The Navajo Nation Dr. Buu Nygren. “They are critical to provide needed investment in water infrastructure development. The Navajo Nation strongly supports this legislation to provide a technical correction to allow the Navajo Nation to access these trust funds. Indian water rights settlements provide certainty concerning the availability of water supplies for all parties. The funding provided is crucial to ensure the Navajo Nation’s ability to put our water to use.”

“The Pueblos of Nambé, Pojoaque, San Ildefonso and Tesuque wish to express our appreciation for the work of Representative Leger Fernández and Senator Luján for introducing legislation today to provide the Pueblos the equivalent of investment earnings on our water rights settlement funds for the nearly seven-year period following enactment of the Aamodt Litigation Settlement Act during which time the Pueblos were deprived of the opportunity for investment,” said the Governors of the Pueblos of Nambé, Pojoaque, San Ildefonso and Tesuque. “This technical correction to the Aamodt Litigation Settlement Act is consistent with Congress’ longstanding practice to provide immediate investment of funds appropriated to effectuate Indian water rights settlements.”

Indian water rights settlements commonly allow the Secretary of the Interior to invest trust funds after the funds are appropriated. This provides tribes with additional resources to support their water infrastructure.

However, some Indian water rights settlements enacted in 2009 and 2010 prohibited the Secretary from investing the trust funds prior to the relevant settlement’s enforcement date. That included the Northwestern New Mexico Rural Water Projects Act (Navajo-Gallup Water Supply Project/Navajo Nation Water Rights), the Taos Pueblo Indian Water Rights Settlement Act, and the Aamodt Litigation Settlement Act. 

As a result, the affected Tribes lost out on interest that was or could have been earned from investing the trust funds between the date they were appropriated and the settlement enforcement date. This legislation provides a technical fix so that the affected tribes can receive that interest. 

The legislation authorizes the appropriation of $6.3 million for the Navajo Nation Water Resources Development Fund; $7.8 million for the Taos Pueblo Water Development Fund; and $4.3 million for  the Aamodt Settlement Pueblos’ Fund, which covers  Nambé, Pojoaque, San Ildefonso, and Tesuque Pueblos. Funds must still be appropriated and would be used to support water infrastructure projects. 

###