Northeastern Arizona water rights settlement reintroduced

By Donovan Quintero
Navajo Times

WINDOW ROCK – The Northeastern Arizona Indian Water Rights Settlement Act, which would resolve decades-long disputes over water access and usage for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, has been reintroduced.

The legislation, introduced by Arizona Sen. Mark Kelly and Arizona Rep. Ruben Gallego, now faces a new administration’s approval. If passed, it will provide the three tribes with legally recognized water rights.

At the core of the bill is the formal recognition and legal ratification of the tribes’ water rights. For years, the three tribes have struggled with limited and uncertain access to water, hindering economic development, agriculture, and public health.

The legislation does not include the New Mexico Rio San José water rights, as Kelly and Gallego’s bill focuses solely on water claims for the three tribes in Arizona.

Separately, on Jan. 31, the Utah Seventh Judicial District Court confirmed all Navajo Nation water rights in the state, granting the tribe access to 81,500 acre-feet of water per year. This ruling fully incorporates the Navajo Utah Water Rights Settlement Agreement, which was finalized in 2022.

Water rights milestone, trust funds

Under the Arizona agreement, the federal government will act as a trustee, holding these water rights on behalf of the tribes and ensuring their protection and fair management.

Beyond recognizing water rights, the legislation includes provisions for water storage and delivery. A key component is the iiná bá – paa tuwaqat’si pipeline, which will transport water to tribal lands and help alleviate persistent shortages. This infrastructure is critical in addressing the region’s ongoing water crisis, where many residents still lack direct access to clean drinking water.

The financial aspects of the settlement are also significant. Several trust funds will be established to support tribal water projects, including the Navajo Nation Water Settlement Trust Fund, Hopi Tribe Water Settlement Trust Fund, and San Juan Southern Paiute Tribe Water Settlement Trust Fund. These funds will provide financial assistance for water conservation, maintenance, and infrastructure development, ensuring the tribes have the resources necessary to manage their water supplies effectively.

Additionally, the bill includes provisions for leasing and exchanging Colorado River water, allowing the tribes to generate revenue and manage their resources more flexibly.

Challenges of legislation

On Tuesday, Navajo Nation Council Delegate Brenda Jesus discussed the details and challenges of the legislation.

“The goal is to get it across the finish line,” she said.

A major aspect of the legislation is the $5 billion cost of necessary water infrastructure. Jesus acknowledged that this high price has raised concerns among some congressional leaders in the past. However, she emphasized the fundamental importance of securing water access.

“We have to remember that the Navajo Nation has that fundamental human right to have access to this amount of water,” she said.

Tribal delegates are now working to educate new members of Congress about the benefits of the settlement. Jesus expressed hope that the legislation would be signed into law during the current Trump Administration.
“We’re hopeful he’ll be in support of this Northeastern Arizona water rights settlement,” she said.

One challenge facing the Navajo Nation is the impact of inflation and tariffs on the cost of the project. Jesus suggested that the three tribal communities might need to contribute their equity or capital to demonstrate their commitment to developing water infrastructure.

“The three tribal communities will have to start getting instrumental to hopefully put in their equity or capital, just to show that we are serious about this water line infrastructure,” said Jesus.

Adjudication process could take up to three years

The timeline for the settlement’s implementation is expected to be long. Jesus estimated that the adjudication process alone could take one to three years, followed by several more years for planning, design, and construction.

The Navajo Nation’s legal battle for water rights in the Little Colorado River Basin – known as the LCR General Stream Adjudication – has been in the courts for decades. This process, which seeks to determine the amount of water the Nation is entitled to use, is divided into two phases.

The first phase, which took place from April to August 2023, focused on water sources used for livestock, small wells, stock ponds, and municipal purposes within the Navajo Reservation.
The second phase, set to begin on September 20, 2027, will focus on larger water needs, including irrigation and stream flow rights. The outcome of this phase will determine how much water the Navajo Nation can access for agriculture and maintaining natural river flows.

“Technically, with this settlement of the Northeastern Arizona water rights, of course, the adjudication still has to happen,” said Jesus, adding that adjudication will likely take another two to three years.

Jesus predicts that if the LCR litigation is adjudicated by 2028 and the Northeastern Arizona Indian Water Rights Settlement is approved before Trump leaves office, the construction of water infrastructure may not begin until 2038.

“So we’re still looking at quite a ways off to build out for the water line infrastructure,” Jesus said.

Preventing ecological damage, fighting for water

The legislation includes environmental compliance measures to ensure that water projects adhere to federal laws such as the Endangered Species Act and the National Environmental Policy Act. These provisions will require careful oversight to prevent ecological damage while allowing for sustainable development. Any modifications to the settlement must comply with existing environmental regulations, prioritizing conservation efforts.

For the San Juan Southern Paiute Tribe, this bill represents a significant milestone in their fight for water security.

“I feel like we have a pretty good chance with this administration, too, as well,” said Johnny Lehi, the vice president of the San Juan Southern Paiute Tribe. “Just as long as there’s unity between all tribes and coming together, speaking as one, that’s where the power of the people is.”

Beyond securing water rights, the settlement will grant the San Juan Southern Paiute Tribe 5,400 acres of land, including 5,100 acres near Bodaway-Gap, Arizona, and 300 acres near Navajo Mountain, Utah.

If approved, the U.S. Department of the Interior will oversee the agreement’s implementation, working closely with tribal governments to ensure that water rights are upheld, and infrastructure projects move forward. The legislation includes an enforceability date, meaning that once all necessary approvals and funding mechanisms are in place, the settlement’s provisions will take full effect.

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