Navajo Nation’s Water Rights

(a) Trust status of navajo nation’s water rights The Navajo Nation’s Water Rights shall be held in trust by the United States on behalf of the Nation in accordance with the Agreement and this Act. (b) Forfeiture and abandonment (1) In general The Navajo Nation’s Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights State-law based water rights acquired by the Navajo Nation, or by the United States on behalf of the Nation, after the date for inclusion in the Navajo 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 Navajo Nation’s Water Rights shall be subject to the terms and conditions of the Agreement and this Act. (d) Allotment rights not included Consistent with section 13, the Navajo Nation’s Water Rights shall not include any water rights for an Allotment, subject to the condition that the Navajo Nation may allow use of the Navajo Nation’s Water Rights on an Allotment subject to the terms and conditions of the Agreement and this Act. (e) Allottees not adversely affected Nothing in this Act quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. (f) Allottee water rights The Nation shall not object in any general stream adjudication, including the Adjudication, 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— (1) any water use existing on an Allotment as of the date of enactment of this Act; (2) reasonable domestic, stock, and irrigation water uses on an Allotment; and (3) any water right decreed to the United States in trust for an Allottee in a general stream adjudication, including the Adjudication, for use on an Allotment. (g) Authority of the navajo nation (1) Use on Navajo lands The Navajo Nation shall have the authority to allocate, distribute, and lease the Navajo Nation’s Water Rights for use on Navajo Lands in accordance with the Agreement, this Act, and applicable Federal law, including the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the Long-Term Leasing Act). (2) Use off Navajo lands (A) In general The Navajo Nation may allocate, distribute, and lease the Navajo Nation’s Water Rights for use off Navajo Lands in accordance with the Agreement, this Act, and applicable Federal law, subject to the approval of the Secretary. (B) Maximum term The maximum term of any lease, including all renewals, under this paragraph shall not exceed 99 years. (h) Administration (1) No alienation The Navajo Nation shall not permanently alienate any portion of the Navajo Nation’s Water Rights. (2) Purchases or grants of land from indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act 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 Navajo Nation’s Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Navajo Nation’s Water Rights. (4) Forbearance by navajo nation for non-stock water rights of certain allotments Forbearance by the Navajo Nation in accordance with Article 17.13.4 of the Agreement— (A) shall be considered non-use for purposes of paragraph (3); and (B) shall not result in the forfeiture, abandonment, relinquishment, or other loss of any portion of the Navajo Nation’s Water Rights.