Historic tribal water rights settlements signed in Arizona

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Governor Hobbs signs agreements with four Tribal nations.
Navajo-Hopi and Yavapai-Apache settlements end decades-long disputes.
Agreements secure sustainable water for tens of thousands.
Congressional approval needed for settlements to take effect.
Legislation pending in Congress to fund critical water projects.

November 21, 2024 — On Tuesday, Arizona Governor Katie Hobbs signed two landmark agreements—the Northeastern Arizona Indian Water Rights Settlement Agreement (“the Navajo-Hopi Settlement Agreement”) and the Yavapai-Apache Nation Water Rights Settlement Agreement (“the Yavapai-Apache Agreement”) —resolving long-standing water rights claims with four Tribal nations. The settlements mark a critical milestone in ensuring reliable and sustainable water supplies for the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, Yavapai-Apache Nation, and neighboring non-tribal communities.

Decades of Disputes Resolved.

For generations, Tribal members have fought to secure water supplies for their homelands, enduring years of litigation and conflict. The Navajo-Hopi Settlement Agreement settles outstanding Tribal water rights claims to the Colorado River, the Little Colorado River, and groundwater sources in Northeastern Arizona. Funded water infrastructure projects will alleviate the lack of safe, reliable water for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe (which will also get a home).

Non-tribal communities have also borne the heavy weight of litigation and faced water uncertainty. Some of the non-Indian parties include St. Johns, Springerville, Eagar, Show Low, Pinetop-Lakeside, Winslow, Holbrook, Flagstaff, ranches, and irrigation districts.

“This is a historic moment for the State of Arizona, Tribal nations, and all parties to these agreements. They create a consequential and lasting impact by securing a sustainable water supply for tens of thousands of Arizonans and helping local economies thrive,” said Governor Katie Hobbs. “I’m proud to be a part of this solution that many Arizona families have fought to get for generations.”

“I want to thank Governor Hobbs for her leadership in helping us reach this historic agreement. I also want to thank the team at the Arizona Department of Water Resources for all of their work,” said Navajo Nation President Buu Nygren. “With their help, I’m confident we can build a consensus with the seven basin states to get this through Congress.”

“We are closer than ever to making this historic water settlement a reality, due in no small part to Governor Hobbs’ steadfast commitment to water certainty in Arizona and the dedicated efforts of Director Buschatzke and the Arizona Department of Water Resources,” added Hopi Tribe Chairman Timothy L. Nuvangyaoma. “I am optimistic that this coalition of Tribal and State leadership can gain the support of the other six basin states and get this bill passed in this Congress.”

A New Home for the San Juan Southern Paiute Tribe.

The Navajo-Hopi Settlement Agreement also ratifies a treaty providing the San Juan Southern Paiute Tribe with 5,400 acres of land after sharing territory with the Navajo Nation for the last 160 years. Passage of this agreement is a monumental step in guaranteeing the San Juan Southern Paiute Tribe has a homeland for generations to come.

“The San Juan Southern Paiute Tribe sincerely appreciates Governor Hobbs’ steadfast support for the Navajo-Hopi Settlement Agreement,” said Vice President Johnny Lehi Jr. of the San Juan Southern Paiute Tribe. “Governor Hobbs’ dedication to ensuring passage of the water settlement demonstrates her commitment to the Native American Tribes in Arizona. We are grateful for her continued partnership to ensure the cultural and environmental viability of our Tribal homeland.”

Securing Water for the Yavapai-Apache Nation.

Governor Hobbs also signed the Yavapai-Apache Agreement, which secures safe and sustainable water supplies for the Yavapai-Apache Nation while preserving the Verde River. The agreement includes building a 60-mile water pipeline from C.C. Cragin Reservoir on the Mogollon Rim to deliver water to the Nation and neighboring non-Tribal communities.

“We are proud to have reached this critical milestone for the Yavapai-Apache Nation and the Verde River, which is at the heart of our cultural way of life,” said Chairwoman Tanya Lewis of the Yavapai-Apache Nation. “This comprehensive water rights settlement not only ensures water certainty for the Nation but also supports a healthy Verde River, benefiting the entire Verde Valley and our downstream neighbors in metropolitan Phoenix.”

Congressional Approval Required.

The settlements will end decades of conflict and litigation among Tribes, cities, towns, farmers, irrigation companies, and others that have sought a water rights solution since 1974. However, to become effective, Congress must pass legislation to approve the settlements and provide funding for water projects.

Governor Hobbs emphasized her commitment to partnering with Arizona’s Tribes and securing safe and reliable water for all Arizonans. Under her leadership, the State of Arizona has jump-started Tribal water rights settlement discussions with a commitment to removing barriers that have caused agreements to languish for years. Notably, the Governor reversed an antiquated policy that infringed upon Tribal sovereignty and had restricted lands from being taken into trust for Tribes through the federal administrative process as a condition of a water rights settlement.

Latest Congressional Actions.

H.R.8940 – Northeastern Arizona Indian Water Rights Settlement Act of 2024

July 23, 2024: Subcommittee Hearings Held by the House Natural Resources Subcommittee on Water, Wildlife, and Fisheries.
July 17, 2024: Referred to the Subcommittee on Water, Wildlife, and Fisheries.
July 8, 2024: Referred to the House Committee on Natural Resources and introduced in the House.

S.4633 – Northeastern Arizona Indian Water Rights Settlement Act of 2024

September 25, 2024: Committee on Indian Affairs held hearings.
July 8, 2024: Read twice and referred to the Committee on Indian Affairs in the Senate.

H.R.8949 – Yavapai-Apache Nation Water Rights Settlement Act of 2024

July 23, 2024: Subcommittee Hearings Held by the House Natural Resources Subcommittee on Water, Wildlife, and Fisheries.
July 17, 2024: Referred to the Subcommittee on Water, Wildlife, and Fisheries.
July 8, 2024: Referred to the House Committee on Natural Resources and introduced in the House.

S.4705 – Yavapai-Apache Nation Water Rights Settlement Act of 2024

September 25, 2024: Committee on Indian Affairs held hearings.
July 11, 2024: Read twice and referred to the Committee on Indian Affairs in the Senate.

Passing these settlements through Congress will be a monumental step in guaranteeing sustainable water resources for Arizona’s Tribal nations and communities. All eyes now turn to federal lawmakers to approve and fund these critical agreements, ending decades of uncertainty and paving the way for Arizona’s more secure water future.

Image:

Moenkopi village and sign, Hopi Reservation, AZ, July 2013, by MP Sharwood. Licensed under the Creative Commons Attribution-Share Alike 4.0 International license..