Sec. 81714. Navajo water rights

486 words·~2 min read·/bill/116/hr/2/eh/section-81714

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Navajo Nation shall have the right to use water from water sources located within Utah and adjacent to or encompassed within the boundaries of the Reservation resulting in depletions not to exceed 81,500 acre-feet annually as described in the agreement and as confirmed in the decree entered by the general stream adjudication court. Depletions resulting from the use of water on an allotment shall be accounted for as a depletion by the Navajo Nation for purposes of depletion accounting under the agreement, including recognition of— any water use existing on an allotment as of the date of enactment of this subtitle and as subsequently reflected in the hydrographic survey report referenced in section 81716(b); reasonable domestic and stock water uses put into use on an allotment; and any allotment water rights that may be decreed in the general stream adjudication or other appropriate forum.

Depletions resulting from the use of water on the Reservation pursuant to State law-based water rights existing as of the date of enactment of this Act shall be accounted for as depletions by the Navajo Nation for purposes of depletion accounting under the agreement. The Navajo water rights are ratified, confirmed, and declared to be valid. Any use of the Navajo water rights shall be subject to the terms and conditions of the agreement and this subtitle. In the event of a conflict between the agreement and this subtitle, the provisions of this subtitle shall control.

The Navajo water rights— shall be held in trust by the United States for the use and benefit of the Nation in accordance with the agreement and this subtitle; and shall not be subject to forfeiture or abandonment. The Nation shall have the authority to allocate, distribute, and lease the Navajo water rights for any use on the Reservation in accordance with the agreement, this subtitle, and applicable Tribal and Federal law. The Nation may allocate, distribute, and lease the Navajo water rights for off-Reservation use in accordance with the agreement, subject to the approval of the Secretary.

The Nation shall not object in the general stream adjudication or other applicable forum to the quantification of reasonable domestic and stock water uses on an allotment, and shall administer any water use on the Reservation in accordance with applicable Federal law, including recognition of— any water use existing on an allotment as of the date of enactment of this Act and as subsequently reflected in the hydrographic survey report referenced in section 81716(b); reasonable domestic and stock water uses on an allotment; and any allotment water rights decreed in the general stream adjudication or other appropriate forum.

Except as otherwise expressly provided in this section, nothing in this subtitle— authorizes any action by the Nation against the United States under Federal, State, Tribal, or local law; or alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.