Statement of Administration Policy: S. 2684 - Jicarilla Apache Water Rights Settlement Act

(SENT 7/17/92)
(Senate)
(Domenici (R) NM and Bingaman (D) NM)

The Administration supports s. 2684, as reported by the select Committee on Indian Affairs, subject to the following conditions:

—   Prior to passage of the bill, the concerned parties must agree to water decree language that would settle the Jicarilla Apache Indian Tribe's claims to water in the San Juan and Rio Chama basins in New Mexico. Final agreement on the water decree language is expected within several weeks, and Congress should not pass settlement legislation prior to full agreement by the parties.

—   The Senate should then amend the bill to: (1) refer expressly to the agreed-upon decrees; (2) direct the parties to move for entry of the decrees by the courts within a reasonable period of time; and (3) make all settlement obligations of the United States contingent upon dismissal by the Tribe of its claims against the United States and entry by the courts of the water decrees. The United States should not be required to perform its settlement obligations until acceptance of the agreement by the courts.

Finally, the bill should be amended to provide for the establishment within the Treasury of the Tribe's water resources development trust fund.