U.S. SENATE News:
WASHINGTON, D.C. — Wednesday, U.S. Sen. Ben Ray Luján (D-N.M.), a member of the Senate Committee on Indian Affairs, and U.S. Sen. Martin Heinrich (D-N.M.) introduced the Protecting Indian Water Rights Settlements Act of 2026, legislation to ensure the federal government fulfills its trust responsibilities by providing dedicated, mandatory funding for Indian water rights settlements through the Bureau of Indian Affairs’ Indian Water Rights Settlement Completion Fund, first authorized in the Bipartisan Infrastructure Law.
As of May 2026, there are 39 enacted Indian water rights settlements—agreements that represent binding federal commitments to provide infrastructure and water access for Tribal communities. While the Bipartisan Infrastructure Law established the Indian Water Rights Settlement Completion Fund to support settlements authorized before November 2021, there is currently no guaranteed funding source for agreements enacted after that date. The Protecting Indian Water Rights Settlements Act of 2026 addresses this gap by amending the existing fund to provide $2.95 billion in mandatory funding over ten years for both already enacted and future settlements.
“For decades, Tribal communities have fought to secure water rights settlements that uphold their sovereignty and ensure access to safe, reliable water,” Luján said. “Unfortunately, Tribal communities have been left waiting years for the water infrastructure they were promised. My legislation is about keeping our word and delivering the resources needed to complete these critical projects. I am committed to fighting to ensure our Tribal communities have safe, reliable water supplies in their homelands and will continue to do so.”
“Our Protecting Indian Water Rights Settlements Act will provide Tribes with the resources they need to fully access and use the water they own, while advancing critical efforts to deliver reliable, safe drinking water,” Heinrich said. “Securing long-term water certainty for Tribes, Pueblos, and communities across New Mexico is essential to our state’s future, and I remain committed to getting that done.”
Specifically, the Protecting Indian Water Rights Settlements Act of 2026 amends the Bipartisan Infrastructure Law to create two dedicated subaccounts within the Indian Water Rights Settlement Completion Fund:
- New and Continuing Settlements Subaccount – Provides $250 million annually for ten years to support settlements enacted after November 2021, ensuring they receive the same reliable funding pathway as earlier agreements.
- Operations, Maintenance, Repair, and Ongoing Obligations Subaccount – Provides $45 million annually for ten years to meet the federal government’s long-term commitments to operate, maintain, and repair key water infrastructure projects tied to settlement infrastructure projects managed by the Bureau of Reclamation.
Full bill text is available here.