Northeastern Tribes Close in on Water Settlement
The Colorado River in Lee’s Ferry, AZ. (Luis Sinco / Los Angeles Times)
March 22nd is World Water Day!
To celebrate we would like to share an update on the water rights agreement between three Indigenous tribes in northeastern Arizona and the state. Those of you who attended Lutheran Day at the Legislature might remember that the water rights settlement with the Navajo Nation has been one of our priorities to watch for. We were unsure if there would be any movement on this issue as negotiations have been going on for decades and until recently, were being heard in the courts. However, at the beginning of March, the Navajo Nation, along the with Hopi Tribe, and the San Juan Southern Paiute Tribe announced the terms of an agreement with the state of Arizona, the United States, and serval state and independent parties.
The History
In Arizona, each of the 22 federally recognized Indigenous tribes must reach an agreement with the state in regards to water rights claims. All of the tribes were left out of the negotiations that divided Colorado River Water among the southwestern states and Mexico, even though some reservations sit in multiple states. Several tribes in Arizona have settled their water rights claims, but the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute are among those with outstanding claims, as these groups live in the northeast portion of the state and rely on precious Colorado River water. Since the Colorado River supplies water to the entire state, the government has been reluctant to offer up any of its share to residents living on these reservations. The Navajo Nation alone has been trying to settle these claims for more than sixty years.
The Navajo Nation has faced a particularly difficult set of circumstances. In the parts of the reservation within Arizona’s borders, much of the groundwater is either contaminated or too high in salinity to be used; though the reservation does sit on top of at least two aquifers with clean water, this water has already been claimed by cities such as Flagstaff, and the Tribes have been barred from pumping. This, combined with systemic poverty and a lack of infrastructure, has made it incredibly difficult for many people living on the Navajo reservation to reliably access clean water. Over 1/3 of residents of the Navajo Nation do not have running water in their homes, and many more to do not have clean water. Many families collect a few days worth of water from shared wells and transport it back to their homes in large tanks. Though the Nation has reached water rights settlements with other state governments, Arizona has banned the import of water from these neighboring states. Despite years of efforts, the Tribe has repeatedly run up against roadblocks as the state has offered inequitable and unjust terms to the proposed agreements.
The Hopi Tribe has been stuck in a similar set of negotiations; as their reservation also sits in the Colorado River basin, any claims the Tribe makes are hotly contested. The Hopi Tribe deals with many of the same difficulties as the Navajo Nation: 18% of houses have no running water and over a quarter don’t have complete plumbing. In this area, much of the soil is naturally high in arsenic, which dissolves in the ground water. Some experts believe that consuming this water is the cause of increased cancer rates among the population.
The San Juan Southern Paiute Tribe has traditionally called the deserts of northern Arizona and southern Utah home, but despite being a federally recognized group, the Tribe does not have any reservation land of their own. Due to a complicated set of decisions made over a span of decades, The tribe lives in communities throughout land overseen by the Navajo and Hopi governments. As a result, these tribal members share the water struggles of their Hopi and Navajo neighbors.
The Agreement
In April 2023, the Navajo Nation Water Rights Commission established a negotiating team, who then began holding town halls, listening sessions, and other meetings with various stakeholders— including, most importantly, every-day community members. Last summer, the U.S. Supreme Court ruled that the United State’s did not have an obligation to assess and meet the Tribe’s water needs, but that the issue ought to be addressed through the passage of new laws, and since then, the efforts to reach a settlement with the State of Arizona and Congress have surged in momentum.
Three weeks ago, news broke that the Tribe was closing in on a settlement to all of their claims, as well as the claims of the Hopi and San Juan Southern Paiute Tribes. The agreement sees to claims made on both the upper and lower basin of the Colorado River, as well as the Little Colorado River, the Gila River Basin, and several important groundwater aquifers. The settlement must be agreed upon by the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute, the United States, Arizona, Arizona State Land Department, Salt River Project, Arizona Public Service, Central Arizona Water Conservation District, Bar T Bar Ranch, Winslow, Flagstaff, Holbrook, Taylor, Snowflake, Show Low, Eager, Springerville, St.Johns and other parties to the larger Little Colorado River general stream adjudication.
According to the current version of the agreement, Arizona’s allocation of the Upper Basin Colorado River water would provide the Navajo Nation with 44,700 acre-feet of water per year, and the Hopi Tribe would receive 2,300 acre-feet per year. The settlement also includes all of the Little Colorado River mainstream water that reaches the Navajo reservation, and preserves existing use for the Hopi Tribe, totaling an estimated 122,00 acre-feet per year. Also included is 3,600-acre feet per year of Lower Basin Colorado River Water, along with 45,928 acre-feet per year of river water from the Cibola allocation. The Tribes would now be allowed to access water under their lands in the Coconino and Navajo Aquifers. Some 1,000 acre-feet a year from Flagstaff's Red Gap Ranch Regional Project will be available to the Navajo Nation. The settlement also includes several inter-tribal agreements between the Hopi and Navajo tribes, pertaining to pumping limits and water rights to several washes the reservations share.
Within this agreement are included several possible infrastructure goals and projects to make this newly available water accessible to residents. Most prominently, the Navajo Nation is seeking $5 billon in federal aid to construct a pipeline from Lake Powell to deliver water to its residents.
Representatives from the Navajo Nation feel optimistic about this agreement’s ability to succeed. After stipulations ended, the agreement went through a five day comment period during the first week of March. The legislation now awaits approval from the Navajo Nation Council, a signature from President Buu Nygren, and will then be passed to our Senators.
A summary of the agreement, formally titled the Northeastern Arizona Indian Water Rights Act, can be found here.
LAMA’s Perspective
Water is one of thew few things that is ever-present in the Bible. From the beginning of Genesis to the end of Revelation, the earth’s Water sustains God’s people. Our planet was made from it, we are washed clean in it, it destroys and births anew. All of God’s children should have access to safe, clean water, especially in a country as prosperous as ours; as they say, water is life, especially for those of us living in the desert.
It seems especially egregious that the people who have lived along these waters and stewarded this land for generations are the last ones included in this discussion. In the face of the on-going inequalities and injustices faced by our Indigenous Arizonans, as well as the many historic examples of violence and brutality, fair water rights are just the beginning of what these tribes are owed.
How exciting it is to see real movement towards water justice for the Tribes in northeast Arizona. This agreement is long overdue, but it is also historic, and is an answer to generations of prayers.
Stay tuned for updates and action alerts as this agreement progresses!
For more information, follow any of the links in this blog post to read the original reporting.
