Opposition surfaces as deadline approaches to ratify Arizona tribal water settlement

LAS VEGAS — A coalition of tribes, water officials and water board members from the Lower Colorado River visited the Colorado River Water Users Association meeting last week with one mission: to overcome resistance from Upper Basin states to passage of key water rights settlement legislation. before Congress adjourns later this month.

The Northeast Arizona Indian Water Rights Settlement Act would ratify an agreement reached after nearly six decades of negotiation and litigation over portions of the Colorado and Little Colorado rivers and groundwater . The Settlements Act would also fund infrastructure to bring safe, reliable water to the Navajo Nation and the Hopi and San Juan Tribes of the Southern Paiute, which most Arizonians take for granted.

The historic settlement was signed by Arizona Governor Katie Hobbs in November, after being finalized in May.

The bills were sponsored by Democratic Sen. Mark Kelly in the Senate and a companion bill from Rep. Juan Ciscomani, R-Ariz., and co-sponsored by outgoing Sen. Kyrsten Sinema, I-Ariz., and Rep. Eli Skull. , R-Ariz., who represents the three tribes and other communities in northeastern Arizona.

The legislation would also address the claims of several other communities and stakeholders outside of tribal lands. Some of these include Flagstaff, Snowflake, St. Johns and other cities, all of which have sought certainty in their water supplies.

The bill, one of several bills under consideration in the lame duck session at the end of the current Congressional term, would also give the South San Juan Paiute Tribe a long-awaited land base of 5,400 acres, allowing the 300-member tribe to build necessary infrastructure like housing and tribal administrative facilities.

The Navajo Nation, in particular, has suffered from a lack of clean, fresh water. During the COVID-19 pandemic, the death rate for Navajos was about 800 per 100,000 people, more than twice the rate for the entire United States, according to the final COVID report from the Johns Hopkins University.

None of these statistics nor the strong consensus among Lower Basin officials appear to influence the Upper Basin states, even though New Mexico and Utah have reached agreements with the Navajo. Among other concerns: Because the Navajo have land and water claims in both basins, leaders in Colorado, New Mexico, Utah and Wyoming have said the seven states must reach a consensus in accordance with federal law.

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Upper Basin says: ‘The law requires that we all agree’

Estevan López, New Mexico representative and commissioner of the Upper Colorado River Compact, said he knows the Navajo Nation needs water, but said “the settlement as it’s proposed now has implications that are really separate for the Compact”.

One of these implications is the movement of water between basins. “Traditionally, especially when moving water across basin boundaries, it always requires a consensus of seven states,” López said. “We don’t want Congress to interpret the compact, we want the parties to interpret it.”

Tom Buschatzke, director of the Arizona Department of Water Resources, said he sees the Upper Basin’s concerns as covering multiple issues, including states’ desire to prevent Congress from interpreting the river’s law without their agreement.

The four Upper Basin states also have issues with the lease provisions in the bills, but Buschatzke said those leases will be good for the tribes.

“Despite the fact that they have had huge prices, historically the colonies are always short of money, so they need a way to be able to ensure that the process can be completed,” he said. he declared. Short-term leases will give tribes the resources to help pay for infrastructure and delivery. “Otherwise, they’re going to be left with a piece of paper and no real use for the water at the end of the day.”

When the Navajo Generating Station closed, he said the 34,000 acre-feet of water it used remained in Lake Powell. But once the Navajo start using that water again, someone else will have to give up taking it.

“In almost all cases, tribes have superior rights to water that is not used,” Buschatzke said.

Whether due to lack of water colonies or because they are not using all of their water allocation, someone else is using that water. And, he added, when settlements occur or when tribes can build the infrastructure needed to use their allotment, someone will have to give up some of that unused water.

But, Buschatzke said, turning the water contained in a settlement’s pages, or “paper” water, into water that flows from taps, or “wet” water, is preferable because it allows communities to control their own destiny. .

The certainty of a lot of water and the means to use it is huge, he said, especially because it prevents “someone in a black robe or several people in black robes telling you what you can and cannot do.”

Navajo President ‘Growed Up Having to Figure Out How to Get Ready for School Without Running Water’

Tribal leaders at the Las Vegas conference spoke about the impasse while discussing other water issues.

“I grew up without running water,” said Navajo Nation President Buu Nygren. “I had to bring water and warm it up to wash my face and figure out how to make sure I could keep it in every day.”

He didn’t have access to running water until he arrived for his freshman year at ASU.

Nygren said every day, thousands of Navajo families face the same conditions he did when he was a child.

“They might actually have to use their windmill water even though they’re not supposed to drink that water,” due to the possible presence of contaminants in the groundwater.

These experiences inspired him to work to bring clean, running water to about a third of Navajo households who currently have to go without water from a faucet.

Lower Basin tribes and states continue to struggle to reach consensus, but time is running out for this session, the Navajo delegation stressed. If the bill is not passed by Congress by the end of the session, it will have to be refiled next year with a new Congress and administration.

“If there’s a deadline that we’re missing, I don’t know,” said Brandon Gephart, an engineer and Wyoming state representative. “But we have always said and we are committed to working with the Navajo Nation, even if we miss this deadline, to try to achieve this outcome.”

Nygren said consensus should be reached by Tuesday to give the bill’s sponsors time to make annotations, debates and votes.

As the impasse persisted until the conference ended Friday, Navajo leaders continued to make their case. Navajo Nation Council delegate Carl Slater shook his head at the four states’ objections.

“I pray that Upper Basin leaders will sign the consensus document and pass this bill this session of Congress,” said Slater, who lives in Round Rock.

“Without access to Colorado River water, I can’t even open a grocery store to provide basic groceries to local residents.”

Debra Krol reports on indigenous communities at the confluence of climate, culture, and commerce in Arizona and the Intermountain West. Contact Krol at [email protected]. Follow her on @debkrol.

Coverage of indigenous issues at the intersection of climate, culture and commerce is supported by the Catena Foundation..

This article originally appeared on the Arizona Republic: Colorado River States Oppose Settlement of Navajo, Hopi Waters.