$745 Million for Ohkay Owingeh Water Rights Settlement: Bosque Restoration and Infrastructure Upgrades Coming to Rio Chama

The "Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025" settles a long-standing water rights dispute in Northern New Mexico. It legally confirms an agreement between the Ohkay Owingeh Pueblo, the State of New Mexico, and the U.S. government, giving the Pueblo recognized rights to water in the Rio Chama Stream System. It also sets up a hefty $745 million Trust Fund (that number will shift with construction costs) to pay for a bunch of water-related projects. (Section 7(a)).

Cash for Water, Bosque, and Infrastructure

The core of the deal is that big Trust Fund. Once this Act is fully in effect (more on that below), Ohkay Owingeh can tap into those funds, with the Secretary of the Interior's okay, for things like: restoring the riverside forest (bosque) along the Rio Chama (Section 6(e)(3)), improving the acequias (those are the community irrigation ditches) on Pueblo land (Section 6(e)(1)(B)), building new water infrastructure (think pipes, treatment, etc. for homes and businesses) (Section 6(e)(3)(A)), and even buying up more water rights (Section 6(e)(1)(D)). They'll also use some of the money to set up a department to manage their water rights (Section 6(e)(1)(C)). For example, a farmer on Ohkay Owingeh land could see improved irrigation thanks to upgraded acequias, funded by this Act. Or a family might get a more reliable water supply because of new infrastructure the Pueblo builds.

The Fine Print: Waivers and Timelines

To get this deal done, Ohkay Owingeh is agreeing to waive certain past claims against the U.S. related to water rights in the Rio Chama (Section 9). Think of it like agreeing not to sue over old disagreements to get the current agreement moving. In exchange, their water rights are officially recognized and held in trust by the U.S. government (Section 5(a)). They can lease these water rights out for up to 99 years (with renewals), but they can never permanently sell them off (Section 5(d)).

The Act also requires the State of New Mexico to chip in $98.5 million (also adjusted for inflation) for ditch improvements and other projects, and $32 million for water system upgrades in the City of Española. (Section 7(c))

The "Enforceability Date" - When It All Kicks In

This whole settlement hinges on what the Act calls the "Enforceability Date" (Section 8). That's when the Secretary of the Interior officially declares that a bunch of conditions have been met: the agreement is finalized, the court approves it, the money's in the Trust Fund, New Mexico has coughed up its share (or has a solid plan to), and the Pueblo has signed off on those waivers. If all those pieces aren't in place by July 1, 2038, the whole deal could fall apart (Section 9(i)).

Protecting the Bosque and Beyond

The Act puts a lot of emphasis on restoring the bosque, that unique forest along the river. Ohkay Owingeh has to work with the Army Corps of Engineers on these restoration projects, and everyone involved has to follow environmental laws like the Endangered Species Act and the National Environmental Policy Act (Section 4(c)). Notably, the Act clarifies that the Secretary of the Interior's execution of the agreement itself isn't considered a "major Federal action" under NEPA, meaning it avoids a potentially lengthy environmental review process at that stage (Section 4(e)). However, individual projects funded by the Trust Fund will still need to comply with all environmental regulations. (Section 6(e)(3)(E))