Aamodt Litigation Settlement Act

Floor Speech

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Mr. LUJÁN. I appreciate the ranking member from the Natural Resources Committee yielding to me.

Mr. Speaker, what we have here is clear language on the dockets of the State of New Mexico that has been expressed by many of the parties which encouraged them to go to litigation, that very much do hold--that senior water rights holders in the State of New Mexico, which these tribal communities are, do hold senior water rights.

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Mr. LUJÁN. Mr. Speaker, as we are talking about the importance of how we can achieve cost savings to taxpayers across the country, it is important that we understand the laws and the protections that are held to those individuals that are senior water rights users, which clearly is the reason why so many people could be impacted. And as litigation continues, the cost of litigation adds additional cost to the taxpayers of the country.

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Mr. LUJÁN. Mr. Speaker, it is clear that I don't have the response that my ranking member colleague may be looking for. But his counsel may inform him as well as our counsel has informed us that some of that documentation is not public record at this time. With that, I tried to answer the question, but I apologize to the ranking member that we are not able to provide the answer that the ranking member may be looking for.

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Mr. LUJÁN. Mr. Speaker, I rise today in support of H.R. 3342, the Aamodt Litigation Settlement Act. Before I begin, I would like to thank Ðmy colleagues on the Resource Committee: Chairman Rahall; Chairwoman Napolitano; my colleague from New Mexico, Mr. Heinrich; and Ranking Member Hastings.

I also want to thank the Tesuque Acequia Association; David Ortiz and the Rio Pojoaque Acequia and Well Water Association; D.L. Sanders and the office of the New Mexico State Engineer; Santa Fe County, the city of Santa Fe; and the tribal leaders from Nambe, Pojoaque, Tesuque and San Ildefonso. Thank you for your hard work over the past decade to reach these settlements.

The testimony of the settlement parties and tough negotiations and debate has made the consideration of these bills possible today. The parties to this settlement have worked for a very long time to come up with solutions that are equitable and fair to all water users in the Pojoaque Valley, including tribal and non-tribal residents alike.

Our water resources are precious in New Mexico. Without a reliable water supply, we cannot improve human health, protect our cultures and traditions, or grow our economies. This settlement will protect water resources, advance the implementation of effective water management, and ensure future access to water resources for all residents encompassed by the settlement. That is what makes H.R. 3342, the Aamodt Litigation Settlement Act of 2009, so important.

I would like to submit for the Record letters I have received from the State of New Mexico, the County of Santa Fe, the Rio Pojoaque Acequia and Well Water Association, the Tesuque Acequia Association and others who have asked Congress to take a serious look at the importance of approving these settlements because this piece of legislation is so vital to the prolonged existence of culture and agriculture in my district.

It has taken over 40 years, countless court proceedings, congressional hearings and mediations before this bill arrived at this point. The people of the Pojoaque Valley and surrounding communities have debated and negotiated this water settlement since the 1960s. Parties have informed me, Mr. Speaker, if legislative action does not move forward, the Federal Court is prepared to resume legal proceedings on the underlying Aamodt lawsuit. This litigation would have dire effects upon all non-water rights holders in the basin and incur tremendous court costs and legal fees on American taxpayers. The cost to the government of continued litigation would, and probably will, exceed the cost of the settlement itself.

We heard today, Mr. Speaker, that we did hear from the Attorney General's office saying that they did prefer this course of action to litigation. Senators BINGAMAN and UDALL of New Mexico introduced legislation in the 110th Congress to enshrine this settlement and conducted hearings before the House Resources Committee and the Senate Committee on Indian Affairs. In the 111th Congress, New Mexico's Senators and I reintroduced this bill with my colleague, MARTIN HEINRICH from New Mexico, with improved revisions that took the considerations of the settlement parties into account; and in doing so, we improved the settlement.

In September, additional hearings were held on this bill, and H.R. 3254 was supported at markup in the Natural Resources Committee by unanimous and bipartisan support. This settlement is about people and the quality of life in small rural communities. The future of this community depends on the availability and dependability of a water supply. This settlement ensures just that.

Rather than continuing a course of costly litigation that could tear a community apart, I ask my colleagues to join me in voting to enact these settlements. Thank you again for the leadership to the members of the Subcommittee on Water and Power and the members of the Natural Resources Committee for their support.

You know, Mr. Speaker, as we talk about water settlements going forward, I know that Democrats and Republicans from this side of the aisle and from the other side of the aisle, we all have the honor of representing constituencies that include Native Americans and tribal communities. In New Mexico there was a school project. They asked the kids to draw pictures where they get their water from. Most kids in school districts across New Mexico drew pictures of water faucets going into water bottles, things of that nature. There were children from Native American communities who drew pictures of their mother and fathers, brothers and sisters carrying water jugs to get water into their homes. They drew pictures of their fathers driving pickup trucks with large water containers like you would to provide water to animals out on the range.

I hope we don't lose sight, Mr. Speaker, of the fact that water is a very precious resource and there are still many people across this great Nation of ours who don't have access to it.

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Mr. LUJÁN. I appreciate the ranking member from the Natural Resources Committee yielding to me.

Mr. Speaker, what we have here is clear language on the dockets of the State of New Mexico that has been expressed by many of the parties which encouraged them to go to litigation, that very much do hold--that senior water rights holders in the State of New Mexico, which these tribal communities are, do hold senior water rights.

BREAK IN TRANSCRIPT

Mr. LUJÁN. Mr. Speaker, as we are talking about the importance of how we can achieve cost savings to taxpayers across the country, it is important that we understand the laws and the protections that are held to those individuals that are senior water rights users, which clearly is the reason why so many people could be impacted. And as litigation continues, the cost of litigation adds additional cost to the taxpayers of the country.

BREAK IN TRANSCRIPT

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