Arizona Governor Katie Hobbs signs Navajo-Hopi-Paiute water regulation

Hopi President Timothy L. Nuvangyaoma breathed a sigh of relief Tuesday when Arizona Gov. Katie Hobbs signed the Northeast Arizona Indian Water Rights Settlement Act , an important step that sends the measure back to Congress. It is poised to become India’s largest water rights deal in history.

Nuvangyaoma said Vice President Craig Andrew’s family is among many Hopi who rely on water transportation as their primary source of water. He noted that this burden would be eased once Congress approved the Northeast Arizona Indian Water Rights Settlement Act and it was signed into law by President Joe Biden.

“This is a historic moment for the State of Arizona, tribal nations and all parties to these agreements. They create a big, lasting impact by ensuring a sustainable water supply for tens of thousands of Arizonans and helping local economies thrive,” Hobbs said. “I’m proud to be part of this solution that many Arizona families have been fighting for for generations. This is a testament to their strength and determination, as well as my commitment to working with Arizona’s tribal nations and protecting the water supplies of all Arizonans.

The Settlement Act resolves long-standing tribal water rights claims on the Colorado River, Little Colorado River and groundwater sources in northeastern Arizona. The water infrastructure funded by the settlement will address the critical need for a safe and reliable water supply for members of three tribes – Navajo, Hopi and San Juan Southern Paiute – ensuring access to clean running water, a necessity that all Arizonans deserve.

“It’s taken over 34 years of judgment to try to get us closer to where we are now,” Nuvangyaoma told The Republic. “With our past leaders in mind, our elders have also worked hard, and we know they are here with us when it comes to finally getting justice for the Hopi Tribe as well as the Navajo and San Juan Tribes of the Southern Paiute. .”

Congress must ratify the regulation before it adjourns at the end of the year. If the measure does not pass, its supporters will have to reintroduce it when the new Congress meets in January.

In July, the bipartisan legislation was introduced by Senator Mark Kelly, Democrat of Arizona, and Representative Juan Ciscomani, Democrat of Arizona, along with other co-sponsors. The settlement, 60 years in the making, began gaining momentum in March as the Navajo Nation neared the final stages of resolving its water claims through negotiations.

As part of the $5 billion settlement, the Hopi Tribe will have access to 2,300 acre-feet of water from the upper basin and 5,900 acre-feet from the lower basin of the main stem of the Colorado River, as well as waters underground of the Coconino and Navajo aquifers. Additionally, the tribe will share five washes with the Navajo Nation, subject to intertribal agreement.

From groundwater, the Hopi Tribe will have exclusive rights to all water in the Coconino Aquifer under the Hopi Reservation, with limitations on pumping at Hart Ranch. On the Navajo Aquifer, the Hopi Tribe will have rights to all water under its reservation, subject to an agreement with the Navajo Nation that limits pumping to 5,600 acre-feet per year.

“We are optimistic and hopeful,” Nuvangyaoma said of the settlement as it heads to Congress. “This is our future. This is water safety. When we were working on this, we weren’t thinking about ourselves, we were thinking about hundreds of years in the future, for generations that haven’t even come yet.

The Navajo Nation is expected to receive 44,700 acre-feet of the Upper Basin and 3,600 acre-feet of the Fourth Priority Lower Basin of the main stem of the Colorado River, as well as all water from the Little Colorado River that reaches the Navajo Nation, all washing water. which reaches the Navajo Nation, subject to shared management with the Hopi Tribe.

For groundwater, the Navajo Nation will have exclusive rights to all water in the Coconino Aquifer located beneath its lands, and over the Navajo Aquifer, the Nation will control all water located beneath its territory, subject to an agreement with the Hopi Tribe that limits Navajo pumping to 8,400 acre-feet per year.

“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 their work,” said Navajo Nation President Buu Nygren. “With their help, I am confident we can reach consensus with the seven basin states to pass this bill through Congress.” »

Not just water, but land

The Settlement Act also ratifies a treaty that grants the Southern San Juan Paiute Tribe 5,400 acres of land, ending more than 160 years of shared territory with the Navajo Nation. This is a historic step that ensures a lasting homeland for the Paiute Tribe for generations to come.

Johnny Lehi Jr., the current vice president and former chairman of the Southern San Juan Paiute Tribe, continued the work started by his late father, Johnny Lehi Sr., to secure ratification of this treaty. Lehi Sr. served as president when the treaty between the Paiute Tribe and the Navajo Nation was signed nearly 25 years ago.

“It’s good that Governor Hobbs is signing the settlement for us,” Lehi told The Republic. “She has been advocating for Arizona tribes since she took office. One example is his willingness to work with Arizona’s tribal communities to ensure that the tribes and the state benefit from these water settlements. I don’t think we’ve ever had a governor who was up for that.

Lehi said the elders are excited to see this settlement move forward because they will be able to witness tribal land being granted their own for the first time, which will improve the tribe’s self-reliance.

“It will be a challenge to start at the bottom, but it will be the foundation on which the tribe can rise,” Lehi said. “We know it will be a solid foundation. »

The two land parcels of the new Southern San Juan Paiute Tribe Reservation are located around Willow Springs, west of Tuba City, and in the northern area, approximately 300 acres in Utah, near Navajo Mountain, according to the treaty.

The Southern San Juan Paiute Tribe gained federal recognition in 1989. Lehi noted that recent media attention to their history has given the community greater recognition outside of Arizona and has strengthened and improved its relations with other tribes.

“The relationship became stronger. With all three tribes together, it creates a different environment,” Lehi said. “It felt like we had been left out for so long and now people are contacting us and wanting to know more about our tribe.”

Other water colonies

Hobbs also signed the Yavapai Apache Nation Water Rights Settlement Act, which ensures a safe and sustainable water supply for the Yavapai Apache Nation while preserving and protecting the Verde River. It includes the construction of a 60-mile water pipeline from the CC Cragin Reservoir on the Mogollon Rim to provide water to the Yavapai-Apache Nation, providing water certainty to the nation and to neighboring non-tribal communities.

“The settlements will end decades of conflict and litigation for tribes, cities, towns, farmers, businesses and others who have sought a resolution to water rights in state court of Arizona since 1974,” Hobbs said. “To become effective, Congress will need to pass legislation to approve settlements and fund water-related projects.

After the election, Nygren and Navajo President Crystalyne Curley made a unified call for Congressional support for the Northeast Arizona Indian Water Rights Settlement Act, the the Rio San José River System Water Rights Settlement and the Navajo-Gallup Water Project Amendment Act of 2023.

In addition to the Colorado River settlement, the Navajo Nation continues to seek approval of S. 4998, a settlement agreement to quantify the nation’s water rights in the Rio San José Basin, ending four decades of litigation over this basin and recognizing the nation’s water rights. also in the Rio Puerco basin. Both regulations were approved by the Navajo Nation Council in May.

“All three tribes and other parties in Arizona are united in supporting the settlement agreement. For the Navajo Nation, these settlements are about ensuring the basic water needs of our people and communities are long overdue,” Curley said.

Arlyssa D. Becenti covers indigenous affairs for The Arizona Republic and azcentral.com. Send ideas and tips to [email protected].