Pueblo Water Rights
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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 Ohkay Owingeh in accordance with the Agreement and this Act. (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 State-law based water rights acquired by Ohkay Owingeh, or by the United States on behalf of Ohkay Owingeh, 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 Act. (d) Authority of the Pueblo (1) In general Ohkay Owingeh may allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law, including the Act of August 9, 1955 (25 U.S.C. 415 et seq.) (commonly known as the Long-Term Leasing Act). (2) Use off Pueblo Land (A) In general Ohkay Owingeh may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law, subject to the approval of the Secretary. (B) Maximum term of leases The maximum term of any lease, including all renewals, under this paragraph shall not exceed 99 years. (e) Administration (1) No alienation The Pueblo shall not permanently alienate any portion of the Pueblo 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 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.
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