- The Navajo Nation Council unanimously approved a water rights settlement. The Navajo, Hopi and Southern San Juan Paiute tribes are seeking more than $5 billion in the settlement, the largest amount ever enacted by Congress.
- The Navajo Nation holds the largest single outstanding claim in the Colorado River Basin and has worked for generations to secure water supplies for tribal communities.
- Nearly one-third of homes on the Navajo Reservation have no running water, as do many homes on Hopi land.
The Navajo Nation Council has approved a settlement that guarantees water rights for the tribe and two other tribes in the drought-stricken Southwest that could be the most expensive settlement enacted by Congress.
The Navajo Nation holds the largest unsettled land claim in the Colorado River basin, and delegates on Thursday stood and applauded after voting unanimously, acknowledging the significance of the vote. Many noted that efforts to secure water supplies for tribal communities have been ongoing for generations.
As City Council President Kristalyn Curley and other city council members stood outside the city council chambers in Window Rock, Ariz., under a windy, clear blue sky, Ms. Curley recalled learning about the battles over water rights as a girl in school.
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She described it as a “monumental day” as she signed the bill and nearby cars honked their horns in celebration.
“This is an opportunity to think 100 years ahead for our children,” said Carly, a mother and soon-to-be grandmother.
“The time is now and we must lay the foundations for the future,” she continued.
A windmill pumps water for livestock on the Loop in Navajo Nation, Arizona, March 9, 2024. In a vote on May 23, 2024, the Navajo Nation Council unanimously approved a water rights settlement that is more expensive than any agreement enacted by Congress. (AP Photo/Felicia Fonseca, File)
The San Juan Southern Paiute Tribal Council also voted to approve the settlement on Thursday, and the Hopi Tribe approved it earlier this week. The final decision rests with the council.
For the Hopi, this settlement is a path to ensuring a reliable water supply and infrastructure for the tribe’s health, well-being and economic prosperity for generations to come, the tribe said in a statement late Thursday.
“Most importantly, this settlement paves the way for the Hopi to fulfill their covenants with the Massau (Guardians) and live as stewards of Hopitutskwa (Hopi Land),” the statement read.
Congress has enacted about 30 tribal water rights compacts across the U.S. over the past 40 years, and federal negotiating teams are working on another 22 involving dozens of tribes. In this case, the Navajo, Hopi and Southern San Juan Paiute tribes are seeking more than $5 billion in settlement money.
About $1.75 billion of that would go to building a pipeline from Lake Powell, one of the two largest reservoirs in the Colorado River system on the Arizona-Utah border. The settlement requires the U.S. Bureau of Reclamation to complete the project by the end of 2040.
From there, water will be supplied to dozens of remote tribal communities.
Nearly one-third of homes in the Navajo Nation, which spans 27,000 square miles across Arizona, New Mexico and Utah, have no running water, as do many homes on Hopi land.
Navajo Nation President Boo Nygren plans to sign the reconciliation bill once it reaches his desk, likely as soon as Friday. The president told The Associated Press it’s been a long journey to get everyone to the negotiating table and the next step is to knock on Congress’ door.
A century ago, tribes were excluded from a landmark 1922 compact that divided Colorado River basin waters among seven Western states. Today, tribes seek water from a variety of sources, including the Colorado River, the Little Colorado River, aquifers and watersheds on tribal territory in northeastern Arizona.
Recent settlement talks have been driven in part by worsening effects of climate change and demands on the river that have allowed desert cities like Phoenix and Las Vegas to thrive. The Navajo, Hopi and Southern San Juan Paiute tribes are hoping to reach a settlement quickly under Arizona’s Democratic administration and President Joe Biden.
Without a settlement, the tribes would be at the mercy of the courts. The U.S. Supreme Court has already ruled that the federal government is not bound by treaties with the Navajo Nation and can set aside water for tribes. The Navajo Nation has the largest land base of any of the 574 federally recognized tribes and is the second-largest in population, with more than 400,000 people.
In a separate lawsuit over the Little Colorado River watershed in Arizona that has been going on for decades, the Navajo Nation will likely get far less water than it needs because the tribe must prove it has used the water historically — something that will be hard to prove if the tribe never had access to much water, Navajo Attorney General Ethel Branch said.
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Arizona is part of the lower Colorado River basin, along with California, Nevada and Mexico, but is unique in that it also has water allocations in the upper basin, which gives the state certainty about how much water is available, even though it will be forced to make cuts as overall supplies decline.
The Navajo and Hopi tribes, along with other tribes in Arizona, could be part of the solution if they secure the right to lease water in the state through the canal system that already supplies water to the Tucson and Phoenix metropolitan areas.
Arizona water officials said the leasing authority was a key element of the settlement.
