• Bipartisan legislation introduced in both chambers of Congress.
• Aims to secure water rights and provide clean water to tribes.
• Includes funding for water infrastructure development.
• Will establish a reservation for the San Juan Southern Paiute Tribe.

July 15, 2024 — Historic bipartisan legislation has been introduced in the U.S. Senate (S 4633) and House of Representatives (HR 8940) to ratify and fund the Northeastern Arizona Indian Water Rights Settlement Agreement. This landmark agreement addresses a long-standing water crisis by securing water rights for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe.

The legislation, titled the Northeastern Arizona Indian Water Rights Settlement Act of 2024, represents a significant step towards ensuring Arizona’s stable water future and delivering essential water delivery systems to the Tribes.

For almost 50 years, the water rights that are the subject of the settlement have been the subject of litigation between the Tribes and non-Tribal parties in Northeastern Arizona.  

The Northeastern Arizona Indian Water Rights Settlement Agreement, approved by all parties on May 9 and introduced on July 8, 2024, as bipartisan legislation in Congress, represents a significant step towards securing water resources for Tribal and non-Tribal communities in the region.

This historic agreement will provide the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe with secure water rights, including over 56,000 acre-feet of water from the Colorado River and specific groundwater protections.  This will not only support the Tribes’ growth and economic development but also foster new opportunities through water leasing. Infrastructure is an essential component of the proposed settlement, from a pipeline from Lake Powell to wells that will finally get water to Native American households.

The settlement also protects the interests of non-Tribal water users in Apache and Navajo Counties. Existing surface water diversions, groundwater pumping, and water storage reservoirs will remain unaffected, ensuring the continued viability of local communities, farms, and recreational areas.

The bipartisan legislation introduced in Congress will authorize $5 billion for water development and delivery projects, including a $1.75 billion distribution pipeline, further solidifying the commitment to a sustainable water future for all.

$5 Billion Price Tag.

The settlement will permit the Navajo Nation and Hopi Tribe to lease their water, fostering economic opportunities until local demand is met through the development of new infrastructure. It authorizes a $5 billion investment for acquiring, building, and maintaining crucial water development and delivery projects, including a $1.75 billion distribution pipeline. Additionally, the legislation will establish a reservation for the San Juan Southern Paiute Tribe, the only federally recognized tribe in Arizona currently without a homeland.

Statements from Legislators and Tribal Leaders.

Rep. Eli Crane (R-AZ), a cosponsor of the legislation, expressed his pride in being part of this bipartisan effort, stating, “I’m proud to be part of a bipartisan and bicameral coalition of lawmakers who are working to provide life-sustaining water delivery systems for the involved Tribes in Arizona.”

Senator Mark Kelly (D-AZ), who introduced the bill in the Senate, emphasized the historic nature of this legislation, stating, “This legislation and the settlement it ratifies represent a historic step forward in resolving a decades-long water rights dispute, providing certainty and stability for the Navajo Nation, Hopi Tribe, and the San Juan Southern Paiute Tribe.”

Tribal leaders have also expressed their gratitude for the proposed legislation. Navajo Nation President Buu Nygren stated, “The Northeastern Arizona Indian Water Rights Settlement Act will secure the necessary resources to provide water to Navajo communities while at the same time resolving the most significant outstanding water claims in the State of Arizona.”

Robbin Preston Jr., President of the San Juan Southern Paiute Tribe, expressed his appreciation for the legislation, stating, “This legislation is more than a settlement of water rights, it is the establishment of an exclusive reservation for a Tribe that will no longer be forced to live like strangers in our own land.”

Broad Support and Optimism.

The legislation has garnered widespread support from various stakeholders, including Governor Katie Hobbs, who expressed her enthusiasm for the settlement, stating, “This legislation is a testament to the tireless efforts all parties have made as we usher in a new era of collaboration between the State, tribal partners, and all Arizona communities who will benefit from the certainty and security that will come from achieving this historic water settlement.”

If passed, this historic water settlement promises to bring about a new era of water security and economic opportunities for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe while also benefiting Northeastern Arizona. Some contingencies exist involving agreements still being negotiated with some parties; however, the bipartisan support and the overwhelming positive response from tribal leaders and stakeholders indicate a strong possibility of its successful implementation.