San Juan Southern Paiute Tribe awaits Congress approval for historic water rights settlement

By Donovan Quintero
Special to the Times

WINDOW ROCK – In the heart of northern Arizona, a small band of people wonder if they’ll have to pull up their bootstraps once again and keep fighting for what ancestrally has always been their home.

But at the moment, the 400 or so band of the San Juan Southern Paiute Tribe stands at a monumental monument in its history.

As the only federally recognized tribe in the state of Arizona without a reservation, they eagerly await whether Congress will approve the Northeastern Arizona Indian Water Rights Settlement or NAIWRS. The landmark legislation, if approved, promises to ratify a treaty with the Navajo Nation, establishing an exclusive reservation for the San Juan Southern Paiute Tribe and securing vital water resources necessary for a sustainable homeland.

Living within Diné Bikéyah boundaries

For years, the tribe has faced significant challenges. Living within the boundaries of the Navajo reservation, tribal members have been cut off from essential services and resources.

Robbin Preston Jr., the tribe’s president, poignantly articulated these struggles during a recent signing ceremony for the NAIWRS.

“We live within the boundaries of the Navajo reservation but are unable to get homesite leases, running water, and electricity,” he remarked. “We cannot provide safe sanitation or assistance for our homeless population, and we are denied government services—all because we have no exclusive homeland. This settlement will change everything.”

On July 23, President Preston sat and listened to several tribes from other Nations speaking to members of the Subcommittee on Water, Wildlife, and Fisheries, which held legislative hearings on 12 bills related to Indian water rights and settlements. He didn’t speak to the Republican-majority committee but, he said, he would be speaking to the Senate, a democratic majority that seems to favor the water rights settlement.

In July, Sen. Mark Kelly (D-AZ), and outgoing Sen. Kyrsten Sinema (I-AZ) introduced legislation on the Senate side, while Arizona Republican Rep. Juan Ciscomani, Rep. Greg Stanton (D-AZ), Rep. David Schweikert (R-AZ), and Rep. Raúl Grijalva (D-AZ) introduced the Northeastern Arizona Indian Water Rights Settlement Act on the House side.

“I think it’s more of a bipartisan commitment in helping all three tribes get this done. I think one of the biggest issues is probably the price tag on it,” said President Preston.

Access to water for 45 Diné communities

The legislation would authorize $5 billion in federal funding for water infrastructure in the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe. If passed by Congress, it would provide access to water for 45 Navajo communities in Arizona. The funding would enable the connection of tens of thousands of Navajo residents to piped water in their homes.

In addition, the Northeastern Arizona Indian Water Rights Settlement Act would clarify the water rights of the Navajo Nation within the Upper Colorado River Basin, Lower Colorado River Basin, and the Little Colorado River Basin. This legislation is designed to provide certainty for all water users in these regions, ensuring equitable access to water resources as it outlines the entitlements of the Navajo Nation.

As part of the settlement, the Navajo Nation will gain rights to substantial amounts of Colorado River water from Arizona’s Upper and Lower Colorado River Basin allocations, which will be essential for the Nation’s future water needs. The agreement also secures groundwater underlying the Navajo Nation and water from the Little Colorado River. Key projects included in the settlement — Iiná bá – paa tuwaqat’si pipeline, the Four Corners Project, the Southwest Regional Groundwater Project, the Ganado Regional Groundwater Project, the Black Mesa Regional Groundwater Project, the Lupton Area Project, the Kayenta Aquifer Storage and Recovery Project and the Code Talker Lateral Extension — comprise a series of regional groundwater initiatives and infrastructure developments aimed at enhancing water access across the region.

The Iiná bá – paa tuwaqat’si pipeline Implementation Fund will finance Bureau of Reclamation construction of pipeline to divert Colorado River water from Lake Powell to deliver Colorado River Upper Basin and Lower Basin Colorado River Water to LeChee, Coppermine, Bitter Springs, Cedar Ridge, Bodaway-Gap, Tuba City, Coalmine Mesa, Cameron, and Gray Mountain; Colorado River water to the San Juan Southern Paiute Southern Area; and Colorado River water to the Hopi reservation at the combined preliminary estimated cost of $1.715 billion.

Settlement trust fund for San Juan Southern Paiute

The San Juan Southern Paiute Tribe Water Settlement Trust Fund will provide $29.8 million to support three trust fund accounts: the SJSPT Groundwater Project Trust Fund Account, which will provide $28 million for groundwater infrastructure development; the SJSPT Agricultural Conservation Trust Fund Account, which will provide $300,000 to support historically irrigated acreage by implementing modernized irrigation infrastructure and including replacement and development of livestock wells. An additional $1.5 million will go toward supporting the operation, maintenance, and replacement of the San Juan Southern Paiute Tribe groundwater project. Additionally, the tribe will receive up to 350 acre-feet per year, or nearly 115 million gallons annually, from the Navajo Tribal Utility Authority, which may consist of either groundwater or Colorado River water transported via a pipeline from Lake Powell.

If the water rights settlement is approved, approximately 5,400 acres of land within the Navajo reservation will become home to the San Juan Southern Paiute Northern Area and the San Juan Southern Paiute Southern Area and will become known as the San Juan Southern Paiute Reservation.

The tribe’s president said their visits to the nation’s capital have been received well, thus far.

“In all our visits, everybody was pretty enthusiastic that this was going to be passed, just for the simple fact of how many different agencies were able to come together and get this done. So, it’s just a matter of getting it signed,” he said.

He said he hopes his visit this month when he goes to testify on behalf of his tribe, the only federally recognized tribe in Arizona without a land base, will help convince the feds why this needs to be approved.

“So, hopefully, that’ll help push this even more,” said Preston.

Developing an economy, ‘starting from scratch’

Should it be approved, the president anticipates his tribe to see their economy begin to develop, along with their infrastructure, which the government can begin helping the people through the various programs that’ll grow from the water rights settlement approval.

“We’re starting from scratch. So, I think that again, those are the different areas we have working together to try to get this done,” he said. “The fact is the settlement means more to San Juan (Southern Paiute) than it does to the other parties for the simple fact that we’re creating a whole new government from scratch regarding the infrastructure and the economic developments.

“And just letting them know that in this day and age where we still don’t have a reservation and still have to haul water, still have to live in the middle of the surrounding Navajo Nation area, and not being allowed to have water, electricity because we don’t have home site leases,” President Preston added.

When he testifies this month, he hopes he helps the committee understand that there are federally recognized tribes like his that do not have reservations. And compared to their neighbors — the Navajo Nation and Hopi Tribe, who’ve always had opportunities available to them that’s helped them help their tribes — his tribe has never had them.

“(They’re) just really are not there for us until we’re able to get these reservations done,” he said.

The approval of the water rights settlement represents a potential turning point that would provide the San Juan Southern Paiute Tribe with the autonomy it desperately needs. With the establishment of a reservation, Preston said the tribe would gain control over their future, allowing for the development of businesses and fostering economic growth. He envisions permanent housing, reliable water, and electricity that would transform the day-to-day lives of tribal members, who have long awaited such opportunities.

Recognition of rights and identity

The proposed reservation would not only provide physical space for the tribe but also symbolize a recognition of their rights and identity. For many, the establishment of a reservation is a step toward healing historical wounds and reclaiming a sense of belonging, said Preston.

In June, at the Heard Museum in Phoenix, a signing ceremony unfolded, the atmosphere was charged with optimism and hope. Tribal members from all three tribes smiled as they witnessed a moment they had long envisioned. President Preston said he intends to carry the same energy with him to not only signify legislative progress but to let it serve as a testament to the resilience of the San Juan Southern Paiute people.

“We want a way to be able to control our destination and where we go. And to do that, we need a reservation. So, it’s essentially like we’re a tribe without a home; is what it is. And I think that by conveying that and more so about where this all began, with our past tribal leaders and our past council just to get this done,” said Preston.

Supporters of the water rights settlement highlight its significance beyond the tribe’s immediate needs. The legislation is viewed as a model for other tribes facing similar struggles across the nation. By addressing issues of water rights and land sovereignty, the water rights settlement could set a precedent for future negotiations and agreements, setting a stage for a more equitable relationship between Native American tribes and the federal government.

As the bill awaits action in Congress, the San Juan Southern Paiute Tribe remains hopeful. The approval of the settlement could usher in a new era, one marked by opportunity and growth. Tribal leaders are actively engaging with lawmakers, advocating for the bill’s passage and emphasizing its importance to their community.

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