- Senators Heinrich and Luján and Representative Leger Fernández introduced legislation to approve the Navajo Nation’s water rights settlement in the Rio San José watershed.
- The bill would provide $223 million for a settlement fund to benefit Navajo Nation communities in the settlement area.
- The settlement would quantify the Navajo Nation’s water rights in the Rio San José Stream System and the Rio Puerco basin.
- The settlement is a counterpart to the Pueblos’ Local Settlement Agreement, which addresses the water rights claims of the Pueblos of Acoma and Laguna in the same geographic area.
September 24, 2024 –– In a press release published yesterday, U.S. Senators Martin Heinrich and Ben Ray Luján of New Mexico announced that on September 9, 2024, they introduced S. 4998
, legislation to approve the Navajo Nation Rio San José Stream System Water Rights Settlement Agreement in New Mexico. The bill is companion legislation to H.R. 8945 introduced by U.S. Rep. Teresa Leger Fernández of New Mexico in the House on July 9 and co-sponsored by U.S. Rep. Gabriel Vasquez (D-N.M.) and U.S. Rep. Melanie Stansbury (D-N.M.).
Settlement Details.
The proposed settlement would quantify the Navajo Nation’s water rights in the Rio San José stream system and the Rio Puerco basin. It would also provide $223 million for a settlement fund to benefit Navajo Nation communities in the settlement area. Under the settlement, monies will be received for wastewater development, chlorination stations, water hauling stations, an operation and maintenance trust fund, a regional water system to import water, and a water acquisition fund.
Statements from Navajo Nation Leaders.
Navajo Nation President Buu Nygren said, “This Rio San Jose Water Rights Settlement legislation represents hope and vital resources for Navajo communities in New Mexico. I urge Congress to act swiftly on the settlement. It’s about more than just water. It’s about health, sustainability and the future of our people. We are grateful to our allies in Congress who are working to make this a reality.”
25th Navajo Nation Speaker Crystalyne Curley said, “The proposed settlement ensures prosperity for Eastern Navajo communities by closing the water gap that these communities currently face. This agreement not only acknowledges our inherent rights, but also empowers our communities to manage and sustain our water resources for generations to come.”
Navajo Nation Attorney General Ethel Branch said, “Navajo communities like Tohajiilee will finally have access to clean, safe water that they can drink and cook with. These are communities where water is scarce or has been contaminated by uranium mining.”
Background on the Rio San José Basin.
The Rio San José Basin is one of the driest in New Mexico. Existing development resulted in significant depletion of surface and groundwater. This settlement legislation includes provisions to protect the flow in the Rio San José system. It provides funding to the Navajo Nation to enable the construction of water projects to import water to serve Navajo chapters in the Rio San José and Rio Puerco basins.
Relationship to Pueblos’ Local Settlement Agreement.
The Navajo Nation settlement authorized in this legislation is a counterpart to the Pueblos’ Local Settlement Agreement addressing the water rights claims of the Pueblos of Acoma and Laguna in the same geographic area, which has authorizing legislation pending in both houses of Congress in S. 595 and H.R. 1304. The Navajo Nation Settlement Agreement is an addendum to the Pueblos’ Local Settlement Agreement. If implemented, these fully compatible water rights settlement agreements provide a comprehensive settlement of tribal claims in the Rio San José Stream System.
Image:
Aerial view of New Mexico from the north
: Laguna Pueblo, Mesita, Interstate 40, and Rio San Jose, with tributaries Arroyo Conchas (left) and Rio Paguate (right, with NM Route 279). By Dicklyon, June 2018. Licensed under the Creative Commons Attribution-Share Alike 4.0 International license.
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