Consent of United States to jurisdiction for judicial review of a Pueblo Water Right permit decision

(a) Consent On the Enforceability Date, the consent of the United States is hereby given, with the consent of each Pueblo under Article 11.5 of the Agreement, to jurisdiction in the District Court for the Thirteenth Judicial District of the State of New Mexico, and in the New Mexico Court of Appeals and the New Mexico Supreme Court on appeal therefrom in the same manner as provided under New Mexico law, over an action filed in such District Court by any party to a Pueblo Water Rights Permit administrative proceeding under Article 11.4 of the Agreement for the limited and sole purpose of judicial review of a Pueblo Water Right Permit decision under Article 11.5 of the Agreement. (b) Limitation The consent of the United States under this title is limited to judicial review, based on the record developed through the administrative process of the Pueblo, under a standard of judicial review limited to determining whether the Pueblo decision on the application for Pueblo Water Right Permit— (1) is supported by substantial evidence; (2) is not arbitrary, capricious, or contrary to law; (3) is not in accordance with the Agreement or the Partial Final Judgment and Decree; or (4) shows that the Pueblo acted fraudulently or outside the scope of its authority. (c) Pueblo Water Code and interpretation (1) In general Pueblo Water Code or Pueblo Water Law provisions that meet the requirements of Article 11 of the Agreement shall be given full faith and credit in any proceeding described in this section. (2) Provisions of the Pueblo Water Code To the extent that a State court conducting judicial review under this section must interpret provisions of Pueblo law that are not express provisions of the Pueblo Water Code, the State court shall certify the question of interpretation to the Pueblo court. (3) No certification Any issues of interpretation of standards in Article 11.6 of the Agreement are not subject to certification. (4) Limitation Nothing in this section limits the jurisdiction of the Decree Court to interpret and enforce the Agreement.