Senate hearings support Navajo Nation water rights settlement

By Donovan Quintero
Special to the Times

WASHINGTON, D.C. — Navajo Nation leaders gathered on Wednesday to provide compelling testimony before a Senate committee in support of a critical water rights settlement benefiting the Navajo Nation as well as the Hopi and San Juan Southern Paiute tribes.

This hearing marks a step toward resolving long-standing disputes over water access in northeastern Arizona and northwestern New Mexico.

Navajo Nation President Buu Nygren led the charge, pressing the need for the passage of this settlement agreement. He highlighted the dire water situation facing communities in some of the driest parts of New Mexico, particularly emphasizing the importance of the Rio San Jose and Rio Puerco basins.

“This agreement ends four decades of litigation and will bring needed water to some of the driest basins in New Mexico. This bill complements the Acoma and the Laguna settlement for the Rio San Jose that is authorized in S.595,” said President Nygren. “These water rights settlement agreements provide a comprehensive settlement of tribal claims in the Rio San Jose Basin.”

Adequate water resources

The Navajo Nation, with its vast territory spanning portions of Arizona, Utah, and New Mexico, has long battled for secure and adequate water resources to meet the needs of its residents. The proposed settlement is anticipated to alleviate some of these challenges by clarifying and solidifying water rights among the tribes involved.

San Juan Southern Paiute Tribal Vice President Johnny Lehi also provided testimony, articulating the shared importance of the settlement for his tribe. He expressed optimism about the prospects of finally securing long-awaited water rights and the benefits that could arise from the collaborative approach embodied in the agreement.

“For the Paiute Tribe, this bill is about so much more than just water. Not only does the historic bill resolve water rights for three tribes. It is a resolution to several decades of living as strangers in our own homeland. It provides our members with water and ratified a 24-year-old treaty to establish and recognize the San Juan Southern Paiute Tribe reservation,” said Vice President Lehi.

He added that he’s always wondered why his tribe never had their own land. With the settlement, it could mean his answer to his question would be answered when the water rights settlement is approved.

“I have lived in Hidden Springs my entire life. It is a small community that is located near Tuba City, Arizona. My family has been in this area for generations growing up as it was always difficult to understand why Paiutes have been living in the same area for so long and yet don’t have an exclusive reservation and are considered outsiders in our own homeland,” he told the Senate Indian Affairs Committee.

Struggles among tribes

Joining the discussions remotely, Hopi Chairman Timothy Nuvangyaoma offered his testimony via Zoom, emphasizing the unifying spirit of the settlement agreement. He spoke of the shared histories and struggles among the tribes, noting that the success of this legislation could set a positive precedent for future negotiations surrounding tribal water rights across the nation.

“This settlement stems from fifty years of negotiations. For years, many thought it would be impossible for all the parties to come together and find compromise. However, here we are today. It is no secret that Arizona and much of the West is in a water crisis. I am proud that the parties were able to come together in the midst of this crisis to produce a settlement that will benefit all of our communities and offer all of our future generations water security,” the Hopi chairman said.

The Senate committee, visibly engaged and supportive of the testimonies presented, recognized the urgency of this matter. Senators praised the collaborative efforts made by the tribes and expressed their commitment to moving the settlement forward quickly.

The proposed water rights settlement comes at a time when climate change has intensified drought conditions in the region, leading to even more urgent water management concerns.

Hopeful to end decades of litigation

As the Senate deliberations continue, advocates and tribal leaders are hopeful that bipartisan support can propel the legislation toward swift passage, bringing an end to decades of litigation and uncertainty surrounding water rights in the region.
With voices from the Navajo Nation, the San Juan Southern Paiute, and Hopi tribes echoing in the chambers of power, the hope for a fair and just resolution grows stronger, paving the way for a more sustainable future for all affected communities.
The Northeastern Arizona Indian Water Rights Settlement Agreement would settle the Navajo Nation’s, the Hopi Tribe’s, and the San Juan Southern Paiute Tribe’s claims to the main stem of the Colorado River, the Little Colorado River, and relevant groundwater sources, in Arizona.

In 1922, the Colorado River Compact divided Colorado River basin water among seven Western states but left out tribes. Tribes in the West have been trying to settle their water rights for years. Three tribes in Northeastern Arizona — the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute — have come together to complete a water settlement with the state of Arizona.

The Navajo Nation is the largest Native community in the U.S. with a population of about 175,000 people in Arizona, Utah, and New Mexico. The Navajo Nation has one of the largest single outstanding claims in the Colorado River basin. It has been able to settle water rights with New Mexico and Utah but has yet to settle with Arizona. In 2023, about one-third of residents did not have running water in their homes. Many homes on Hopi lands share similar circumstances. The San Juan Southern Paiute do not have their own reservation, and thus, no water.

This settlement will allow for a reliable and safe source of water for these communities. Additionally, the Navajo Nation and Hopi tribes gain the ability to lease their water, creating economic opportunity until the water projects are complete and demand is local.

This bill settles the ongoing water claims in the Colorado River Basin for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute. The legislation includes $5 billion to build essential water development and delivery projects.

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