Hopi Chairman Timothy L. Nuvangyaoma breathed a sigh of relief Tuesday as Arizona Governor Katie Hobbs signed the Northeastern Arizona Indian Water Rights Settlement Act, a major step that sends the measure to Congress. It is poised to become the largest Indian water rights settlement in history.
Nuvangyaoma said Vice Chairman Craig Andrew’s family is among the many Hopi people who rely on trucking water as their primary source. He noted that this burden would be eased once Congress passes the Northeastern Arizona Indian Water Rights Settlement Act and it is signed into law by President Joe Biden.
“This is a historic moment for the state of Arizona, the tribal nations and all parties to these agreements. They are creating a consistent and lasting impact by securing a sustainable water supply for tens of thousands of Arizonans and helping local economies thrive,” said Hobbs. “I am proud to be part of this solution that many Arizona families have been fighting for for generations. It is a testament to their strength and determination, as well as my commitment to working with Arizona’s tribal nations and protecting the water supply for all Arizonans.”
The settlement law resolves long-standing tribal water rights claims to the Colorado River, the Little Colorado River and groundwater resources in northeastern Arizona. The water infrastructure funded by the settlement will meet the critical need for safe and reliable water supplies for members of three tribes – Navajo, Hopi and San Juan Southern Paiute – and ensure access to clean running water, a necessity that all residents of Earning Arizona.
“It has taken over 34 years to try to even get close to where we are today,” Nuvangyaoma told The Republic. “Remembering our past leaders, our elders have also stepped up, and it is something we know they are here with us when it comes to finally getting justice for the Hopi Tribe and the Navajo and San Juan Southern Paiute Tribes. .”
Congress must ratify the agreement before it is suspended at the end of this year. If the measure does not pass, supporters will have to reintroduce it when the new Congress convenes in January.
In July, the bipartisan legislation was introduced by Sen. Mark Kelly, D-Ariz., and Rep. Juan Ciscomani, R-Ariz., along with other cosponsors. The settlement, six decades in the making, began gaining significant momentum in March as the Navajo Nation neared the final stages of resolving its water claims through negotiations.
Under the $5 billion settlement, the Hopi Tribe will gain access to 2,300 acre-feet of water from the Upper Basin and 5,900 acre-feet from the Lower Basin of the main Colorado River, as well as groundwater from the Coconino and Coconino aquifers. Navajo. In addition, the tribe will share five washes with the Navajo Nation, subject to an intertribal agreement.
Regarding groundwater, the Hopi Tribe will have exclusive rights to all water from the Coconino Aquifer under the Hopi Reservation, with pumping restrictions at Hart Ranch. On the Navajo Aquifer, the Hopi Tribe will have rights to all water under their 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. “It is our future. It’s water safety. When we worked on this, we weren’t thinking about ourselves, we were thinking about hundreds of years into the future, for the generations that haven’t even come yet.”
The Navajo Nation will receive 44,700 acre-feet from the Upper Basin and 3,600 acre-feet from the Lower Basin with the fourth priority of the main Colorado River, as well as all water from the Little Colorado River reaching the Navajo Nation, all wash water reaching the Navajo Nation is under shared management with the Hopi Tribe.
With regard to groundwater, the Navajo Nation will have exclusive rights to all water from the Coconino Aquifer under its land, and on the Navajo Aquifer, the Nation will control all water under its territory, subject to an agreement with the Hopi Tribe that limiting Navajo pumping to 8,400 acre-feet per year.
“I want to thank Governor Hobbs for her leadership in helping reach this historic agreement. I also want to thank the team at the Arizona Department of Water Resources for all their work,” said Buu Nygren, President of the Navajo Nation. “With their help, I am confident we can reach a consensus with the seven basin states to get this through Congress.”
Long wait: For the Southern Paiute Tribe, the water settlement will provide land for a permanent home
Not only water, but also land
The settlement law also ratifies a treaty granting the San Juan Southern Paiute Tribe 5,400 acres of land, ending 160 years of shared territory with the Navajo Nation. It is a historic milestone, guaranteeing the Paiute Tribe an enduring homeland for generations to come.
Johnny Lehi Jr., the current Vice Chairman and former Chairman of the San Juan Southern Paiute Tribe, has continued the work that his late father, Johnny Lehi Sr., began to secure the ratification of this treaty. Lehi Sr. was chairman when the treaty between the Paiute Tribe and the Navajo Nation was signed nearly 25 years ago.
“It is good that Governor Hobbs will sign the settlement for us,” Lehi told The Republic. “She has been a champion for Arizona tribes since she came to power. One example is her willingness to work with tribal communities in Arizona to ensure that both the tribes and the state benefit from these water settlements. I don’t think we’ve ever had a governor who qualified for that.”
Lehi said the elders are excited to see this settlement evolve because for the first time they will witness them gaining their own tribal lands, which will enhance the tribe’s self-government.
“It will be a challenge to start from the bottom up, but this will provide the foundation from which the tribe can rise,” Lehi said. “We know this will be a solid foundation.”
The two parcels for the new San Juan Southern Paiute tribal reservation are located under the treaty around Willow Springs, west of Tuba City, and the northern area, about 300 acres in Utah near Navajo Mountain.
The San Juan Southern Paiute Tribe received federal recognition in 1989. Lehi noted that recent media attention to their story has given the community greater recognition outside of Arizona, and strengthened and improved their relationships with other tribes.
“The relationship has become stronger. Now that all three tribes are there together, it creates a different environment,” Lehi said. “It felt like we were left out for so long and now people are reaching out to us and wanting to know more about our tribe.”
Colorado River: Navajo and Hopi leaders hope Congress takes quick action on water regulations
Other water settlements
Hobbs also signed the Yavapai Apache Nation Water Rights Settlement Act, which secures a safe and sustainable water supply for the Yavapai Apache Nation, while also conserving 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 deliver water to the Yavapai-Apache Nation, providing water security to the Nation and adjacent non-tribal communities.
“The settlements will end decades of conflict and litigation for tribes, cities, towns, ranchers, corporations and others who have sought water rights resolution in Arizona state court since 1974,” Hobbs said. “To be effective, Congress will need to pass legislation to authorize the settlements and provide funding for water projects.”
After the election, Nygren and Navajo Chairman Crystalyne Curley led a joint call for congressional support for the Northeastern Arizona Indian Water Rights Settlement Act, the Rio San José Stream System Water Rights Settlement Act, and the Navajo-Gallup Water Supply Project Amendments 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 that basin, and the country’s water rights are recognized. also in the Rio Puerco basin. Both settlements were approved by the Navajo Nation Council in May.
“The three tribes and other parties in Arizona are united in support of the Settlement Agreement. For the Navajo Nation, these settlements are about securing the long overdue fundamental water needs of our people and communities,” Curley said.
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 in the Arizona Republic: Arizona Gov. Katie Hobbs signs Navajo-Hopi-Paiute water settlement
