Heinrich, Leger Fernández Lead Bill to Approve Water Rights Settlement for the Navajo Nation in the Rio San José Watershed

WASHINGTON - U.S. Senator Martin Heinrich (D-N.M.) and U.S. Representative Teresa Leger Fernández (D-N.M.) introduced legislation to approve the water rights settlement for the Navajo Nation as well as participating non-Tribal parties in the Rio San José watershed. U.S. Senator Ben Ray Luján (D-N.M.) and U.S. Representatives Melanie Stansbury (D-N.M.) and Gabe Vasquez (D-N.M.) cosponsored the bill.

Heinrich and Leger Fernández previously introduced the Rio San José and Rio Jemez Water Settlements Act, which would implement the water settlements agreed to by the Pueblos of Acoma and Laguna, the United States, the State of New Mexico, and non-Tribal parties, in the Rio San José watershed. That bill received a hearing and was reported out of the Senate Indian Affairs Committee in December. The House version of this bill received a legislative hearing in the House Water, Wildlife and Fisheries Subcommittee in July. The bill introduced this month would further resolve Tribal water claims in the Rio San José basin by settling the Navajo Nation's claims.

"Our legislation will provide critically needed funding to get much-needed water to Navajo communities in the Rio San José watershed," said Heinrich. "By passing this and our other pending Tribal water settlement bills this Congress, we can better follow through on the federal government's promise to help Tribes access and use the water that has always been rightfully theirs."

"In New Mexico we know water is life. Navajo Nation, the surrounding communities, and the state of New Mexico worked together to reach an agreement that would make sure the life-giving waters of the Rio San Jose would flow for everyone," said Leger Fernández."Senator Heinrich's and my bill would provide funding for much needed water infrastructure for Navajo Nation as well as nearby acequias. The powerful stories of collaboration around this precious resource we heard in committee prove that settlement is the best road for resolving these water claims."

"As a member of the Senate Indian Affairs Committee, I am proud to join my New Mexico colleagues in introducing legislation to approve the water rights settlement for the Navajo Nation in the Rio San José Watershed," said Luján. "This legislation has strong backing from stakeholders across New Mexico and will provide a comprehensive resolution for the Navajo Nation's water rights claims in the Rio San José Stream System. It will ensure the protection of Tribal water rights while effectively addressing the water needs of the community."

"In New Mexico, we know water is life," said Stansbury. "As stewards of the land, water, and air since time immemorial, it is so important that our Tribal communities have a stake in how water is used in this state. This bill, as well as many others, will uphold our commitment to our Tribes and Pueblos granting them the right to use water for their needs. This is what environmental justice looks like."

"Protecting a critical resource and honoring Tribal sovereignty are some of our core responsibilities in Congress, and I'm proud to work with the New Mexico Delegation to fulfill our trust responsibility and provide essential resources to support the New Mexico's water infrastructure," said Vasquez. "This settlement ensures the Navajo Nation and our non-Tribal users of the Rio San José watershed will have the water resources needed to thrive for generations to come."

"On behalf of the Navajo Nation, I want to express my deepest appreciation to Senator Heinrich, Senator Lujan, and Representative Leger Fernandez for introducing this important legislation. Implementation of this settlement will make a real difference for Eastern Navajo communities where lack of water has constrained development. A collaborative negotiation process produced a comprehensive settlement that provides a path forward towards a better future for the people of the Rio San Jose and Rio Puerco Basins," said Navajo Nation President Buu Nygren.

Additional Background on Tribal Water Settlements Legislation:

The introduction of this bill follows Heinrich and Vasquez's introduction of the Zuni Indian Tribe Water Rights Settlement Act in July, with Luján, Stansbury, and Leger Fernández all joining as original cosponsors. That bill would unlock federal funding to support a trust for sustainable water management and infrastructure development that upholds the federal government's trust responsibility while protecting the sacred Zuni Salt Lake. The bill ratifies the settlement between the federal government, State of New Mexico and Zuni Tribe that affirms their water rights for irrigation, livestock, storage, and domestic and other uses.

In June, Heinrich and Leger Fernández introduced the Ohkay Owingeh Rio Chama Water Rights Settlement Act, legislation to approve the water rights settlement of Ohkay Owingeh and participating non-Tribal parties for water in the Rio Chama Basin. Luján and Stansbury are original cosponsors of this bill.

Last December, Luján and Leger Fernández introduced the Technical Corrections to the Northwestern New Mexico Rural Water Projects Act, Taos Pueblo Indian Water Rights Settlement Act, and Aamodt Litigation Settlement Act, which 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. Heinrich and Stansbury are original cosponsors of this bill.

Last June, Luján and Leger Fernández introduced legislation that amends the Navajo Gallup Water Supply Project to ensure it has the resources and time needed to deliver drinking water to northwestern New Mexico communities in the San Juan basin, including roughly 43 Chapters on the Eastern Navajo Nation, the southwestern portion of the Jicarilla Apache Nation, and the City of Gallup, which currently rely on a rapidly depleting groundwater supply of poor quality. Heinrich and Stansbury are original cosponsors of this bill.

Additionally, last year, the entire New Mexico Congressional Delegation announced a $235.1 million allocation to continue fulfilling settlements of Indian water rights claims using funding from the Infrastructure Law and the Reclamation Water Settlements Fund. As part of that overall allocation, the Navajo-Gallup Water Project received $164 million from the Infrastructure Law and the Reclamation Water Settlements Fund. Another $2 million was directed to Navajo-Gallup Water supply operations, maintenance and replacement efforts. The Aamodt Water Rights Settlement, which includes the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque, received $69.1 million in federal funding from the U.S. Bureau of Reclamation.

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