Summary: H.R.5122 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (09/29/1992)

Jicarilla Apache Tribe Water Rights Settlement Act - Ratifies and approves the Settlement Contract between the Secretary of the Interior and the Jicarilla Apache Tribe of Indians in New Mexico for the resolution of water rights claims.

Makes specified amounts of water available under the Contract from the Navajo Reservoir or River and the San Juan-Chama Project. Entitles the Tribe to use return flows attributable to uses of the water as long as water depletions do not exceed amounts set forth in this Act.

Authorizes the Tribe, subject to the Secretary's approval and when water made available under the Contract is not being used, to sell, exchange, lease, or temporarily dispose of the water. Prohibits the Tribe from permanently alienating rights under the Contract. Limits terms of water use subcontracts, including renewals, to 99 years. Subjects subcontracts to the Secretary's approval.

Establishes in the Treasury the Jicarilla Apache Water Resources Fund. Authorizes appropriations for: (1) water resources development costs; and (2) payment of the Tribe's share of operation and replacement costs for the San Juan-Chama Project (assuming certain waivers apply).

Prohibits the expenditure of such authorized funds until: (1) certain actions brought by the Tribe against the United States are dismissed; and (2) certain partial final decrees quantifying water rights claims with New Mexico have been entered into. Terminates the Fund if such partial final decrees are not entered into by December 31, 1996.