• Several Indian water rights bills are pending in Congress.
• Arizona tribes seek settlement for water rights.
• California and Colorado introduce water rights and conservation bills.
• New Mexico focuses on water rights technical corrections and settlements.
• Federal funding for water infrastructure is highlighted in the President’s Budget.

September 25, 2024 — Numerous Indian water rights bills are being considered as Congress nears its current session’s end.

Indian water rights settlements are critical for Tribal and non-Tribal communities in the Western US, particularly for resolving decades of uncertainty about water rights. Settlements secure these rights, resolve decades of expensive litigation, improve reservation conditions, and promote economic development for Tribal and non-Tribal communities.

These bills affect several tribes in the Colorado River Basin and across the western United States. Below is an overview of key bills:

Arizona:

1. Northeastern Arizona Indian Water Rights Settlement Act of 2024
   This bill addresses water rights for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe.
   Senate Bill (S.4633) was introduced by Senator Mark Kelly (D-AZ) and referred to the Senate Committee on Indian Affairs on July 8, 2024.
   House Bill (H.R.8940) was introduced by Representative Juan Ciscomani (R-AZ-6) on July 8, 2024, and hearings were held in July.
2. Yavapai-Apache Nation Water Rights Settlement Act of 2024
   This bill seeks to settle water rights for the Yavapai-Apache Nation and authorize a water project related to the settlement.
   Senate Bill (S.4705) was introduced by Senator Mark Kelly on July 11, 2024, and is awaiting further action in the Senate Committee on Indian Affairs.

California:

1. Tule River Tribe Reserved Water Rights Settlement Act of 2023
   This bill recognizes and settles the water rights of the Tule River Indian Tribe and establishes a trust fund for water projects.
   Senate Bill (S.306) was introduced by Senator Alex Padilla (D-CA) in February 2023 and is awaiting Senate action.
   House Bill (H.R.8920) was introduced by Representative Vince Fong (R-CA) on July 2, 2024, with hearings held later that month.

Colorado:

1. Dolores River National Conservation Area and Special Management Area Act
   This bill establishes conservation and management areas in Colorado while allowing continued tribal use for ceremonies and plant collection.
   Senate Bill (S.636) and House Bill (H.R.1534) were introduced by Senator Michael Bennet (D-CO) and Representative Lauren Boebert (R-CO-3), respectively.

Nevada:

1. Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act
   This bill provides cost indexing and interest payments for the Shoshone-Paiute Tribes’ Water Rights Development Fund.
   Senate Bill (S.950) and House Bill (H.R.1738) were introduced in early 2023 and are under committee review.

New Mexico:

1. Rio San José and Rio Jemez Water Settlements Act of 2023
   This bill settles water rights for the Pueblos of Acoma, Laguna, Jemez, and Zia and establishes funding for settlement trust funds.
   Senate Bill (S.595) and House Bill (H.R.1304) are currently awaiting further action after hearings were held in July 2024.
2. Zuni Indian Tribe Water Rights Settlement Act of 2024
   This bill approves the settlement of water rights for the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico to protect the Zuni Salt Lake and for other purposes.
   Senate Bill (S.4643) and House Bill (H.R.8951) are awaiting further action following hearings in July 2024.
3. Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2024
   This bill addresses water rights for Ohkay Owingeh in the Rio Chama system and restores the Bosque on Pueblo lands.
   Senate Bill (S.4505) and House Bill (H.R.8685) had hearings in September 2024 and are awaiting further progress.
4. Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024
   This bill approves the settlement of water rights claims for the Navajo Nation in the Rio San José Stream System in New Mexico.
   Senate Bill (S.4998) was introduced by Senator Martin Heinrich (D-NM) on September 9, 2024, and referred to the Senate Committee on Indian Affairs.
   House Bill (H.R.8945) was introduced by Representative Teresa Leger Fernandez (D-NM-3) on July 8, 2024, with subcommittee hearings held on July 23, 2024

Additional Funding and Presidential Support.

In a March 2024 press release, the Biden Administration highlighted significant investments in Tribal water rights and infrastructure through the American Rescue Plan and the Investing in America Agenda. President Biden’s 2025 Budget includes $2.8 billion in mandatory funding for Indian water rights settlements, ensuring safe and reliable water for tribal communities. This funding builds on the Bipartisan Infrastructure Law, which provides essential resources for water system improvements in Indian Country.

As Congress debates these crucial water rights settlements, the Administration remains committed to addressing water access challenges and promoting Tribal sovereignty through significant federal investment.

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Image:   Northern New Mexico, by Netherzone, July 2017.  Licensed under the Creative Commons Attribution-Share Alike 4.0 International license.

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