Senator Ben Ray Luján and Congresswoman Teresa Leger Fernández introduced Technical Corrections to the Northwestern New Mexico Rural Water Projects Act, Taos Pueblo Indian Water Rights Settlement Act, and Aamodt Litigation Settlement Act earlier this week.
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. The money will be earmarked to support water resources development projects for the Tribes.
“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.”
“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.”
Tribal leaders also announced their support for the two bills and the return of the earned interest.
“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,” said President of The Navajo Nation Dr. Buu Nygren.
“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.
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 allocated must still be appropriated and would be used to support water infrastructure projects.