Navajo Nation Agreement to Settle All Water Rights Claims in Arizona  (2024)

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By Native News Online Staff

May 14, 2024

The Navajo Nation has reached a historic water rights settlement for all of its water rights claims inthe State ofArizona, including to the Colorado River upper and lowerbasins,and the Little Colorado River Basin.

Through the settlement, the Nation will affirm and quantify its enforceable rights to water in Arizona and secure funding to buildmuch neededwater delivery infrastructurethat will provide long overdueaccess to water to tens of thousands of homes in Arizona Navajo communities.

Legislationto approve the Northeastern Arizona Indian Water Rights Settlement Agreementwas introducedto the Navajo Nation Council late Monday, May 12by Speaker Crystalyne Curley and co-sponsored byDelegate Germaine Simonson who represents Navajo communities impacted by coal mining.

Speaker Curley said the settlement serves as a cornerstonetoproviding essential water infrastructurethatis crucial to Navajo families and communities.

“The lack of accessible water sources has unfortunately led to the displacement of many Navajo community members, compelling them to relocate themselves closer to these vital resources and related opportunities,"Speaker Curleysaid in a statement."With the introduction of this settlement, we anticipate a profound impact on Navajo investments in essential infrastructure projects, such as roads, housing, education, and healthcare, all of which require water.Thiswillnot onlyfoster growth, health, and prosperity within our nationbut alsoensure a sustainable future for generations to come."

The 17 parties to the settlement include the United States (U.S.), the State of Arizona, and the Hopi and San Juan Southern Paiute tribes. The settlement calls for the Navajo Nation to receive a substantial amount ofArizona’sallocation of Colorado River Upper Basin water, some Lower Basin water, all groundwater underlying the Navajo Nation, and all surface water that reaches the Navajo reservation from the Little Colorado River.Wash waterandNavajo Aquifer water willbe governedby an intertribal management plan.

Navajo Nation Attorney General Ethel Branch said the proposed settlement agreement offers the Nation an opportunity to ensure that water will continue to be available to protect the Navajo people and sustain life on Navajo lands 100 years into the future.

“If authorized and funded by Congress, this settlement will provide billions ofdollars’worth of water infrastructure and development for Navajo communities in Arizona.Our Navajo communities have endured great hardship for decades due to severe water infrastructure deficiencies that have negatively impacted ourpeoples’health, longevity, financialwellbeingandgeneralwelfare”Attorney General Branch said.“The settlement offers the Navajo Nation an opportunity for growth and economicprosperity,and a pathway home for our children, our grandchildrenandgenerations yet to come,”

The settlement authorizes the Navajo Nation to divert Arizona water in Utah and New Mexico for delivery to Navajo communities in Arizona.It alsogives the Nation the abilityto move water across the upper and lower basins to provide Arizona Navajo community residents with access to Colorado River surface water.

Navajo Nation President Buu Nygren said after waiting since the 1960s to achieve access to water along its border, this settlement“is a monumental step to ensure the Navajo Nation can provide water to our people.”

“Securing this settlement, delivering water to our homes, is not just a promise,it’smy priority,”he said.“This agreement brings us closer to making that a reality for every Navajo family. This water is needed to build roads, schools, clinics, businesses, housingandall kinds ofeconomic development across our Nation to secure our future.”

Shortly after the Navajo Nation Council approves the legislation and President Nygren signs it, federal legislationis expectedtobe introducedin Congress.Funding from the settlement, onceauthorized by Congress,will provide much neededwater delivery infrastructure to Navajo families in Arizona who have never had access to piped water.

Projects in the settlement include the iiná bá–paatuwaqat’sipipeline (formerly known as the Western Navajo Pipeline), the Four Corners Project, the Southwest Regional Groundwater Project, the Ganado Regional Groundwater Project, the Black Mesa Regional Groundwater Project, the Lupton Area Project, the Kayenta Aquifer Storage and Recovery Projectandthe Code Talker Lateral Extension.

“The Navajo Nation is committed to safeguarding a permanent homeland for the Diné and preserving the Navajo way of life,”said Navajo Nation Water Rights Commissioner Chair Joelynn Ashley.“This settlement helps close the severe equity gap all across our Navajo communities.It will ensure that our Navajo familieswill have equal access to waterin their homes.”

Next week, three Navajo Nation Council committees will review the legislation before a special session ofCouncilis calledto vote on it. A two-thirds voteis neededfor passage.Public comments can be sentto[emailprotected].

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