A multimillion-dollar regional water system is key to a proposed settlement of Indian and non-Indian water rights in the Pojoaque River Basin north of Santa Fe.

But Santa Fe County, which would cover the nonpueblo portion of the $200 million-plus proposed water system that will divert water from the Rio Grande, hasn't figured out how to pay for it if the plan gets through Congress.

"It is not clear at this time," County Commissioner Harry Montoya, who represents the region, said in an e-mail. "It is expected that the county will bond for the county portion of construction costs."

Nonpueblo residents who hook into the water system would eventually help pay for its operation and maintenance through monthly water bills. No one knows how much that would be because the system hasn't been finalized. Still, many Pojoaque Valley well users oppose the new water system, claiming they'll never hook up if it is ever built.

The water system is the centerpiece of legislation pending before the U.S. Senate regarding the Aamodt settlement in New Mexico's longest-running water-rights case. Congress must approve both the settlement and funding for it.

The system's fate rests for the moment with Congress. Montoya said U.S. Sen. Jeff Bingaman, D-N.M., met with him recently and said if the legislation doesn't get passed before newly elected Republicans take their seats in January, its chances of approval next year are slim.

The water system would serve Pojoaque, Nambé, San Ildefonso and Tesuque pueblos, and all the villages within the basin. In addition, the county is seeking state appropriations to extend the water system's reach to Bishop's Lodge.

Supporters such as Montoya and Charles J. Dorame, former Tesuque Pueblo governor and chairman of the Northern Pueblos Tributary Water Rights Association, say the regional water system would protect and ensure drinking-water resources in the basin. Dorame last year told the U.S. House Subcommittee on Water and Power that providing water to nonpueblo residents through the system is "important because it will reduce stress on the groundwater resources of the (Pojoaque Valley) basin."

"Without the construction of the RWS and related systems, the litigation cannot be settled, and water resources will continue to dwindle for all of the basin users," said Dorame, who was 17 when Aamodt was filed in 1966.

The county's share of constructing the regional water system is estimated at $21.4 million (in 2006 dollars), not including some of the waterline extensions. Right now, the county has plenty of general-obligation bonding capacity and could conceivably cover its share of the costs without raising property taxes. The county is bonded to 46.75 percent of its capacity, according to RBC Capital Markets, the county's financial adviser.

Many residents in the Pojoaque River Basin say they support the settlement but not the regional water system. But 850 people signed a petition a couple of years ago opposing the system. In a survey by the county, 23 percent of residents polled claimed they would never hook up, and 37 percent said they were uncertain.

John Gutting, a retired Qwest construction manager and member of the Pojoaque Basin Water Alliance, said, "95 percent of the PBWA are not opposed to the settlement. They are opposed to the regional water system."

He and others think there are a lot of critical, unanswered about the water system. "One of major problems with this whole thing is they don't have a (good) feasibility study to begin with," Gutting said. "From the time you start designing a project, the first question should be how many customers do you have to have to make it viable. They still cannot answer that."

Under the Aamodt settlement, nonpueblo domestic well owners don't have to hook up to the proposed regional water system. But if they sell their property, the new landowners would have to cap their well and hook in. And if they agree to hook in now, the county has a fund to pay the connection costs.

Legislation before the Senate says the Aamodt settlement can be voided by 2024 if the regional water system is not completed, Montoya said.

Disclosure: New Mexican publisher Robin Martin is a party to the Aamodt litigation.

Contact Staci Matlock at 986-3055 or smatlock@sfnewmexican.com.

The lowdown on Aamodt

What's in a name: The Aamodt case gets its name from the first named plaintiff in a 44-year-old lawsuit to settle the water rights of four pueblos and the nonpueblo residents in the Pojoaque River Basin north of Santa Fe. In New Mexico, tribes and pueblos have the oldest and highest priority water rights.

Who is involved in the case: The pueblos of Pojoaque, San Ildefonso, Tesuque and Nambé; the federal government; the state of New Mexico; the city and county of Santa Fe; nonpueblo well owners.

Number of people affected: More than 12,000.

Boundaries of Pojoaque Basin: The basin lies north of the city of Santa Fe and south of the city of Española. U.S. 84/285 runs slightly northwest-southeast through the basin. N.M. 502 runs west from U.S. 84/285 to Los Alamos from Pojoaque Pueblo.

What has happened: A settlement was reached in 2004 and amended after protests by some nonpueblo well owners. The U.S. House of Representatives in January approved the settlement and construction of a regional water system. The system would treat and distribute water diverted from the Rio Grande for the Pojoaque River Basin.

What's next: An amended funding bill (S. 1105) is now before the U.S. Senate. The federal share of the estimated $286.2 million proposal is $169.3 million. The county's share is about $67 million.