Sec. 13. Relation to Allottees

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Nothing in this Act or the Agreement shall affect the rights or claims of Allottees, or the United States, acting in its capacity as trustee for or on behalf of Allottees, for water rights or damages relating to land allotted by the United States to Allottees. Notwithstanding whether an Allotment is patented pursuant to section 1 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 388, chapter 119; 25 U.S.C. 331 ) (as in effect on the day before the date of enactment of the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ; 114 Stat. 1991)) or section 4 of that Act (24 Stat. 389, chapter 119; 25 U.S.C. 334 ), as determined by the Secretary, when adjudicated— water rights for Allotments shall be separate from the Navajo Nation’s Water Rights; and no water rights for Allotments shall be included in the Navajo Partial Final Judgment and Decree.

The Allotment water rights adjudicated separately pursuant to paragraph

(1)shall not be subject to the restrictions or conditions that apply to the use of the Navajo Nation’s Water Rights, subject to the condition that if an Allotment governed by the Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 388, chapter 119) becomes Navajo Nation Lands, the water rights associated with that Allotment shall be subject to the restrictions and conditions on the Navajo Nation’s Water Rights set forth in this Act and the Agreement. Allottees, or the United States, acting in its capacity as trustee for Allottees, may make water rights claims, and those claims may be adjudicated in the Rio San José Stream System or the Rio Puerco Basin.

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