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Code · BILL · 119th Congress · S. 562 (Introduced in Senate) — To approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San José Stream System... · Sec. 104

Sec. 104. Pueblo Water Rights

378 words·~2 min read·/bill/119/s/562/is/section-104·

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

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. The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. 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.
Any use of the Pueblo Water Rights shall be subject to the terms and conditions of the Agreement and this title. The Pueblo Water Rights shall not include any water uses or water rights claims on an Allotment. 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. 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.
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— any water use existing on an Allotment as of the date of enactment of this Act; reasonable domestic, stock, and irrigation water uses on an Allotment; and any Allotment water right decreed in a general stream adjudication, including the Adjudication, or other appropriate forum, for an Allotment.
The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights. 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. 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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