Historic water rights settlements yet to deliver lifeline to Navajo Nation

By Donovan Quintero
Special to the Times

WINDOW ROCK – At the Colorado River Water Users Association conference last week in Las Vegas, Nevada, representatives from the 25th Navajo Nation Council, the Navajo Nation Department of Justice, the Office of the President and Vice President, and the speaker’s office outlined the significant water challenges facing Navajo communities and the opportunities presented by ongoing water rights settlement agreements.

Crystal Tulley-Cordova, a hydrologist with the Navajo Nation Department of Water Resources, stated at the conference that the tribe is committed to safeguarding water resources across its 27,000-square-mile Navajo Nation, which spans Arizona, Utah, and New Mexico.

“When we think about the challenges and addressing the challenges in the Navajo Nation, my job is to securely protect and manage the water resources,” said Tulley-Cordova.

Tulley-Cordova explained that the Navajo Nation has historically relied on groundwater, which can take thousands of years to recharge.

“We can’t wait for recharges that are over thousands of years to be able to recharge the sources that we use,” she said.

The Nation aims to diversify its water resources by using surface water from sources such as the San Juan River and the Colorado River.

Three key water rights settlement acts are critical to the Navajo Nation’s water future, Tulley-Cordova stated. The Northeastern Arizona Indian Water Rights Settlement Act of 2024, the Navajo Gallup Water Supply Act of 2023, and the Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024 provide opportunities to secure water rights and avoid costly litigation.

“These projects interconnect to be able to provide the sustainability and security that we need by interconnecting the public water systems through these regional water supply projects,” Tulley-Cordova explained. The $5 billion identified in the legislation – Northeastern Arizona Indian Water Rights Settlement Act of 2024 – will help build this vital infrastructure.

Developments, challenges in water management

The CRWUA’s 2024 report highlighted significant developments and challenges in water management, particularly emphasizing the efforts of the Ten Tribes Partnership. The partnership, established in 1992, includes tribes with federally recognized water rights in the Colorado River Basin, such as the Navajo Nation, the Ute Indian Tribe, and the Southern Ute Indian Tribe, which collectively hold rights to approximately 20% of the river’s mainstream flow.

The report shed light on the ongoing drought’s profound impact on water availability and its implications for both human and ecological systems. It underscored the commitment of member tribes to integrate their perspectives into broader river management policies. The Southern Ute Indian Tribe, for instance, received significant funding through the Bureau of Reclamation’s WaterSMART program to enhance water infrastructure, including projects on the Pine River, to mitigate drought vulnerabilities.

The Navajo Nation was a focal point of the report, with updates on key infrastructure projects such as the Navajo-Gallup Water Supply Project. The initiative, supported by federal legislation, will deliver reliable drinking water to underserved Navajo communities by 2029. Recent advancements include the awarding of a $267 million contract for the San Juan Lateral Water Treatment Plant, one of the project’s cornerstone facilities.

The report also highlighted innovative collaborations, such as the Jicarilla Apache Nation’s efforts to use its settlement water rights creatively. By leasing water to the state of New Mexico, the tribe supported endangered species preservation while funding essential water delivery projects. These collaborative approaches demonstrate how tribal water rights can address both ecological and human needs.

The Colorado River Water Users Association, or CRWUA, emphasized the critical role of tribes in addressing the region’s water challenges. With long-standing cultural and spiritual ties to the Colorado River, tribal governments have become key players in promoting sustainable management practices.

The 2024 report painted a comprehensive picture of the strides being made by the Ten Tribes Partnership and other stakeholders while also acknowledging the persistent challenges of water scarcity in the Colorado River Basin.

The historic legislation would grant the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe recognized water rights, as well as abilities to seek funding for the necessary infrastructure to access this essential resource.
Backed by bipartisan lawmakers and Arizona Gov. Katie Hobbs, the settlement addresses a pressing need in a region where many tribal members lack reliable access to running water. The legislation would guarantee water security for the three tribes, if approved, and could promote economic opportunities, tackling broader challenges posed by climate change and prolonged drought in the Colorado River Basin.

“This settlement reflects years of collaboration and hard work to ensure tribes have access to the water they need while promoting economic growth and sustainable resource management,” said Arizona Sen. Mark Kelly, one of the co-sponsors of the legislation. “It’s a historic step forward for the Navajo, Hopi, and San Juan Southern Paiute tribes.”

Tribal water rights

Central to the legislation is the formal recognition of tribal water rights from key sources. The Navajo Nation will receive 44,700 acre-feet per year from the Upper Basin of the Colorado River, in addition to all water from the Little Colorado River mainstem that reaches its lands, historically estimated at around 122,000 acre-feet annually. The Hopi Tribe secures rights to water from both the Colorado River and local groundwater sources, while the San Juan Southern Paiute Tribe will have access to essential water supplies along with a designated homeland of about 5,000 acres near Tuba City.

This settlement comes during a quarter-century-long megadrought affecting the Colorado River Basin. According to the U.S. Bureau of Reclamation’s November 2024 24-Month Study, Lake Mead – the largest reservoir in the U.S. – is projected to end the 2024 water year at an elevation of approximately 1,061.22 feet, significantly below the critical threshold of 1,075 feet. This decline triggers substantial reductions in water allocations to Arizona, Nevada, and California.

Lake Powell, another critical reservoir for Colorado River water distribution, is also expected to fall below average levels. By September 2024, Lake Powell’s elevation is predicted to be 3,578.08 feet, with storage at 12.35 million acre-feet – only 83% of its 30-year average inflow.

To alleviate water scarcity and enhance access, the legislation would allocate $5 billion in federal funding for infrastructure projects, including a major pipeline from Lake Powell. This project will provide water to 44 remote Navajo communities where residents often rely on costly water hauling. It is expected to serve thousands of homes, addressing a prolonged crisis in water access.

Additionally, the legislation permits tribes to lease unused portions of their water rights to users within Arizona, offering an economic lifeline for the Navajo Nation and Hopi Tribe while infrastructure projects are being developed.

Challenges for hydropower production

The decline of Lake Powell and Lake Mead also poses challenges for hydropower production at the Hoover Dam and the Glen Canyon Dam. The Bureau of Reclamation reports that as reservoir levels decrease, the efficiency of these dams declines, which affects energy production for millions of residents in the Southwest. Adjustments to hydropower operations are being made to effectively manage the reduced capacity.

These challenges highlight the urgency of addressing water allocation in the Colorado River Basin. By formalizing water rights and investing in infrastructure, the Northeastern Arizona Indian Water Rights Settlement Act would secure a sustainable future for Indigenous communities and contribute to broader water management solutions.

The settlement has received bipartisan support, with Arizona Rep. Juan Ciscomani introducing the bill in the House and Sen. Mark Kelly advocating for it in the Senate. Gov. Hobbs has endorsed the agreement, calling it a vital step toward achieving water certainty and equity.

If enacted, the act could transform the lives of the Navajo, Hopi, and San Juan Southern Paiute tribes by providing not only water security but also economic growth and legal clarity for historically underserved communities. It sets a precedent for balancing competing water demands in an era of scarcity.

Drought, climate challenges

As the Colorado River Basin grapples with persistent drought and climate challenges, the legislation offers a pathway to secure essential water resources and foster collaboration among states, tribes, and federal agencies. It represents a crucial step toward a sustainable water future in the arid Southwest.

“This settlement is not just about water—it’s about justice and ensuring a sustainable future for our people,” said Navajo Nation President Buu Nygren “We are grateful for the leadership of Congress and Senator Kelly in making this a reality.”

The Navajo Nation Water Rights Commission issued a resolution endorsing the Northeastern Arizona Indian Water Rights Settlement Act of 2024. This act was proposed to address the water rights claims of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe. The resolution highlights a long-standing legal history, beginning with the establishment of the Little Colorado River General Stream Adjudication in 1979. This adjudication sought to determine the water rights of various users in the Little Colorado River system, including tribal claims. Decades of litigation and negotiation followed.

Provisions for water allocation, infrastructure development

Notably, the Pueblo of Zuni was the first tribal water user to secure a fully adjudicated water right in the region. In 2010, the Navajo Nation Council approved the Northeast Arizona Indian Water Rights Settlement, which aimed to resolve claims to the Little Colorado River and Lower Colorado River basins. However, this settlement faced setbacks, including opposition from the Arizona Congressional delegation because of its high estimated cost. Consequently, it was revised into what became known as the Navajo-Hopi Little Colorado River Water Rights Settlement, which focused on water rights within the Little Colorado River system.

Despite efforts in 2012 to legislate the settlement through Congress, additional issues delayed its enactment. Years later, the settlement evolved into the current proposal, the Northeastern Arizona Indian Water Rights Settlement Act of 2024. This updated agreement includes provisions for water allocation and infrastructure development, benefiting the Navajo Nation and other tribes. Among the proposed benefits are allocations of water from both the Upper and Lower Colorado River basins, enhanced groundwater rights, and the establishment of buffer zones to protect tribal groundwater resources.

The settlement also proposes significant investments, including funding for infrastructure projects to deliver potable water to underserved tribal communities. This includes groundwater projects like the Leupp-Dilkon and Ganado projects, as well as enhancements to the Navajo Gallup Water Supply Project. Additionally, the act aims to support renewable energy and agricultural conservation through designated funds.

The commission emphasized that this settlement offers the Navajo Nation greater certainty and benefits than could likely be achieved through continued litigation. It represents a collaborative effort to secure a reliable water future for tribal communities, addressing both immediate needs and long-term sustainability. The resolution strongly recommends that the Navajo Nation Council approve this settlement and support the necessary legislation to bring it into effect.

Tulley-Cordova emphasized the personal impact of the water challenges, sharing stories of community members who must haul water long distances for their daily needs. “This is our global water plan, and we have settlements that provide the opportunity on the far eastern side of Navajo,” she said, outlining future projects under the proposed agreements.Tulley-Cordova stressed the importance of these settlement agreements in preserving water security for current and future generations.

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