Navajo, Hopi leaders hope Congress acts quickly on water settlement

Lawmakers from both parties have introduced legislation in Congress after three Arizona tribal nations came together to successfully negotiate a sweeping Indian water settlement.

Sen. Mark Kelly (D-Ariz.) and Rep. Juan Ciscomani (R-Ariz.) introduced the historic bill, the Northeastern Arizona Indian Water Rights Settlement Act companion legislation, with co-sponsors Sen. Kyrsten Sinema (I-Ariz.), and Reps. Greg Stanton (D-Ariz.), David Schweikert (R-Ariz.) and Raúl Grijalva (D-Ariz.). On Wednesday, Rep. Eli Crane (R-Ariz.) said he had also signed on as a co-sponsor.

The settlement will resolve the most significant outstanding water claims in Arizona and bring water to residents of the Navajo, Hopi and Southern San Juan Paiute tribes, among many other benefits. Leaders say it's critical to move the legislation forward, not only because of the political situation, but because talks are underway to reduce water use on the Colorado River.

"It's better to lock in these rights now, while that water is there," said Navajo Nation Attorney General Ethel Branch on Tuesday. "Because what lies ahead is really discussions about how to address shortages, and we don't want to come to the table in that type of environment and ask for water that isn't there. It is critical we move this forward now."

Kelly called the settlement historic when it comes to resolving the decades-long water rights disputes.

"Securing water rights for these tribes upholds their sovereignty and lays the path for their growth and prosperity through increased investment in water infrastructure," Kelly said.

Ciscomani said the settlement is something he is proud to introduce because it will "provide a long-lasting partnership between our state and Navajo Nation, Hopi Tribe, and the San Juan Southern Paiute Tribe."

"This not only gives much-needed certainty to the tribes but allows Arizona to better plan for a secure water future while providing for improved water infrastructure throughout the region,” Ciscomani said.

In May, after the Navajo Nation, Hopi tribe, San Juan Southern Paiute Tribe and other parties reached an agreement on the settlement, the Navajo Nation Council unanimously approved the settlement and President Buu Nygren signed it.

“As a child living without running water within the area of Fishpoint, Arizona, … it warms my heart that we can secure water for our future generation,” said Navajo Nation Speaker Crystalyne Curley. “And for our elders to finally see water, and to finally protect our water and through our teaching as Navajo people we say Tó éí ííńá meaning Water is LIfe.”

Securing water and infrastructure funding

The legislation will authorize $5 billion in federal funding for water infrastructure on the sovereign territories of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, the largest water project for an Indian settlement.

“Since 2012, each administration has strived to bring the settlement parties back together and many doubted it could be done,” said Nygren on Tuesday after the legislation was introduced. “We got it done. Immensely proud we have reached a settlement among the three northern Arizona tribes, the federal government, the state of Arizona, several cities and individual parties through communication and collaboration.”

Hopi Chairman Timothy Nuvangyaoma and Vice Chair Craig Andrews said the settlement will establish mechanisms for managing and protecting the water resources shared by the reservations, and will secure the federal funding needed to build infrastructure to deliver water to remote tribal communities.

Hopi has been engaged in water rights litigation since the 1980s. From 2018 to 2023, Hopi and Navajo Nation joined several court actions in Arizona to protect their water rights in the Little Colorado River general stream adjudication.

“The act will ensure the Hopi Tribe’s water future by providing a reliable water supply and much needed infrastructure,” Nuvangyaoma said. “The Act will benefit water users throughout northeastern Arizona by ending costly, decades-long litigation and providing certainty about water resources.”

The settlement has not only brought forward successful tribal negotiations, but also bi-partisan support in Congress, and leaders say time is of the essence. The legislation is scheduled for a hearing in the House Committee on Natural Resources later on this month. House and Senate hearings are vital if the bill is to make it to a final vote in Congress by the end of this year.

“These are essentially things that must happen in order for the legislation to move forward,” said Branch, the Navajo attorney general. “We will have to have hearings in both the House and Senate. We are in queue and well positioned ourselves to be a part of that House Committee on Natural Resources hearing. We are looking for a vote this Congress. Elections are right around the corner and we want to make sure everyone that is in place now will have the opportunity to vote on this legislation."

Curley said with the battle they expect to face on Capitol Hill, it's important to emphasize that this is a bipartisan legislation and human rights effort. She also said they are hoping the Biden administration will align its priorities with theirs.

"This is not a one sided party issue but a bipartisan effort," Curley said.

What's in the deal: Sweeping Colorado River settlement will bring water, equity to Navajo communities

'The sooner we can get this done the better'

Although this has been years in the making, it wasn't until last April when work accelerated after the Navajo Nation Water Rights Commission established the settlement negotiation team, composed of Navajo Nation Council delegates, the Office of the President and Vice-President, the Navajo Attorney General, the Department of Justice Water Rights Unit, the Navajo Department of Water Resources and contracted consultants.

Branch said the settlement negotiations seemed to progress relatively quickly due to the institutional knowledge of the team and other parties, along with strong leadership. The urgency to get the legislation passed by Congress by the end of the year is not lost on the Navajo Nation. Considering the political climate across the country, Branch noted, "the sooner we can get this done, the better."

"Then there is the ecological situation, as the molecules disappear, there is less water to settle for," Branch said.

Securing these rights would also resolve the litigation concerning the Little Colorado River. In April, the Navajo Nation was scheduled to present closing arguments on the adjudication for the river, but that was put on hold due to ongoing settlement negotiations. The hold will continue as the settlement moves through Congress.

"Once that goes through Congress, we can form that settlement to stay within the bounds of what Congress authorizes," said Branch in May when council passed the settlement legislation. "Then we'll all sign the agreement and that will be the final version of the agreement. We will present that to the court and ask for an entry into a decree and a final judgement. At that point, litigation can wind down."

Nygren said that the settlement provides six crucial benefits that litigation does not, including access to the Upper Basin of the Colorado River and fourth priority rights to the Lower Colorado River. It also grants the ability to use Arizona water in New Mexico and Utah, as well as the flexibility to use Upper Basin Colorado River water in Lower Basin communities and vice versa.

Reaching the point of introducing the legislation may have taken longer than the Navajo Nation had hoped, but it has progressed with few obstacles from tribes or Arizona congressional leaders. Branch noted that challenges are expected once it moves forward.

"It's going to be challenging, this is a tremendous settlement," Branch said. "It relates to a quarter of Indian land in this country, it's the largest Indian water rights settlement ever. But we have an incredible team. So I have full confidence we will be successful."

Arlyssa D. Becenti covers Indigenous affairs for The Arizona Republic and azcentral.com. Send ideas and tips to arlyssa.becenti@arizonarepublic.com.

This article originally appeared on Arizona Republic: Navajo, Hopi want Congress to act soon on tribal water legislation