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N.M. Delegation Calls for Completion of Tribal Water Settlements

Washington, September 9, 2025

WASHINGTON, D.C. – U.S. Representative Teresa Leger Fernández (D-N.M.) and U.S. Senator Martin Heinrich (D-N.M.) led colleagues in a bipartisan, bicameral letter to Leader John Thune, Speaker Mike Johnson, and additional chairs and ranking members of the U.S. Senate and House of Representatives calling for the completion of current outstanding water settlements and related technical amendments. The letter was signed by U.S. Senator Ben Ray Luján (D-N.M.) and U.S. Representatives Melanie Stansbury (D-N.M.) and Gabe Vasquez (D-N.M.).  

“We write as members representing states and districts with pending Indian water rights settlements. Completion of these settlements will save taxpayers millions of dollars, provide water access and certainty to Tribal and non-Tribal water users across the West, avoid years of protracted and costly litigation, and support the United States’ trust responsibility to Indian Country. We urge you to prioritize passage of these bills and utilize an extension of Customs User Fees to offset the costs of those that require new spending,” the lawmakers wrote.

In the letter, the N.M. Delegation urged Leader John Thune, Speaker Mike Johnson, and additional chairs and ranking members of the U.S. Senate and House of Representatives to prioritize passage of the following bills:

In February, the N.M. Delegation reintroduced this slate of Tribal water rights settlements legislation in a push to pass them this Congress.

Alongside Leger Fernández and Heinrich, the letter was led by U.S. Senator Steve Daines (R-Mont.) and U.S. Representative Ryan Zinke (R-Mont.). Alongside Luján, Stansbury, and Vaquez, the letter was signed by U.S. Senator Tim Sheehy (R-Mont.) and U.S. Representative Troy Downing (R-Mont.).

The full text of the letter is here and below:

Dear Leader Thune, Speaker Johnson, Leader Schumer, Leader Jeffries, Chairman Crapo, Ranking Member Wyden, Chairman Smith, and Ranking Member Neal,

We write as members representing states and districts with pending Indian water rights settlements and settlement technical corrections. Completion of these settlements will save taxpayers millions of dollars, provide water access and certainty to Tribal and non-Tribal water users across the West, avoid years of protracted and costly litigation, and support the United States’ trust responsibility to Tribes. We urge you to prioritize passage of these bills and utilize an extension of Customs User Fees to offset the costs of those that require new spending.

Indian water rights were first recognized by the Supreme Court of the United States in Winters v. United States in 1908. Under the Winters doctrine, Congressional creation of Indian reservations also implicitly reserved water sufficient to fulfill the purpose of the reservations. Without Congressional action, the fulfillment of water rights in our states will be adjudicated in court at great taxpayer expense and over the course of the next several decades. The attached settlements are the product of years of negotiations between Tribal, State, local, and Federal negotiations, passed the Senate Committee on Indian Affairs, received a hearing in the House Natural Resources Committee, and have robust support.

In 2010, Congress passed four Indian water rights settlements under P.L.111-291. To offset the costs of these settlements, Congress also extended Customs User Fees administered by Customs and Border Protection. Currently, Customs User Fees are set to expire in 2031. The Congressional Budget Office has estimated that extending Customs User Fees through the end of Fiscal Year 2034 would decrease outlays by approximately $16.5 billion, effectively offsetting the costs of the proposed settlements.

We urge you to consider prior precedent to offset the cost of these proposed settlements and appreciate your consideration.

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