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H.R. 1322IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 104 · H.R. 1322

Pueblo Water Rights

Title I — Pueblos of Acoma and Laguna Water Rights Settlement

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(a) Trust status of the Pueblo Water Rights The Pueblo Water Rights shall be held in trust by the United States on behalf of the Pueblos in accordance with the Agreement and this title. (b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights Pursuant to the Agreement, State-law based water rights acquired by a Pueblo, or by the United States on behalf of a Pueblo, after the date for inclusion in the Partial Final Judgment and Decree, shall not be subject to forfeiture, abandonment, or permanent alienation from the time they are acquired. (c) Use Any use of the Pueblo Water Rights shall be subject to the terms and conditions of the Agreement and this title. (d) Allotment rights not included The Pueblo Water Rights shall not include any water uses or water rights claims on an Allotment. (e) Authority of the Pueblos (1) In general The Pueblos shall have the authority to allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this title, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this title, and applicable Federal law, subject to the approval of the Secretary. (3) Allottee water rights The Pueblos shall not object in any general stream adjudication, including the Adjudication, or any other appropriate forum, to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use in accordance with applicable Federal law, including recognition of— (A) any water use existing on an Allotment as of the date of enactment of this Act; (B) reasonable domestic, stock, and irrigation water uses on an Allotment; and (C) any Allotment water right decreed in a general stream adjudication, including the Adjudication, or other appropriate forum, for an Allotment. (f) Administration (1) No alienation The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights. (2) Purchases or grants of land from Indians An authorization provided by this title for the allocation, distribution, leasing, or other arrangement entered into pursuant to this title shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture The non-use of all or any portion of the Pueblo Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Pueblo Water Rights.

Sec. 104: Pueblo Water Rights · Public Law Tracker