The Navajo Nation has signed two historic agreements to secure water rights on the Colorado River in Arizona and Rio San JoseÌ in New Mexico. Once enacted by Congress, these agreements could potentially cost the federal government billions of dollars.
The Nation’s agreement in Arizona secures its share of water rights for all its claims in the state, including the Colorado River’s upper and lower basins and the Little Colorado River Basin. If approved by Congress, it will secure funding for water infrastructure that will provide access to water for tens of thousands of homes in Navajo communities across Arizona.
Navajo Nation President Buu Nygren said that after decades of waiting since the 1960s, the settlement is a monumental step in ensuring the Navajo Nation can provide water to its people.
Navajo Nation Council Speaker Crystalyne Curley introduced legislation to approve the Northeastern Arizona Indian Water Rights Settlement Agreement to the 25th Navajo Nation Council. Curley said that passing this historic bill has been a top priority for the council since taking office in January 2023. She thanked her colleagues, attorneys and numerous advocates who helped negotiate the settlement.
“This is a great day for the Navajo people!” Curley said. “This settlement prioritizes the need to provide essential water infrastructure to Navajo families and communities and provides the Nation an opportunity for growth and economic prosperity.”
The settlement involves 17 parties, including the U.S., the state of Arizona, and the Hopi and San Juan Southern Paiute tribes. Under the agreement, the Navajo Nation will receive a significant portion of Arizona’s allocation of Colorado River Upper Basin water, some Lower Basin water, all groundwater beneath the Navajo Nation, and all surface water from the Little Colorado River that reaches the Navajo reservation.
Navajo Nation Attorney General Ethel Branch highlighted the settlement’s importance for the long-term sustainability of the Navajo people. She noted that the agreement ensures water availability to support life on Navajo lands for the next century.
“If authorized and funded by Congress, this settlement will provide billions of dollars’ worth
of water infrastructure and development for Navajo communities in Arizona,” Branch said in a statement. “The settlement offers the Navajo Nation an opportunity for growth and economic prosperity, and a pathway home for our children, our grandchildren and generations yet to come.”
According to the Associated Press, the Navajo, Hopi and San Juan Southern Paiute Tribes are seeking over $5 billion as part of their settlement. Approximately $1.75 billion would fund a pipeline from Lake Powell.
Separately, the Navajo Nation signed an agreement regarding water rights claims in the Rio San José stream system and the Rio Puerco Basin in New Mexico. The settlement agreement serves as an addendum to a larger agreement involving the Pueblo of Acoma and the Pueblo of Laguna.
According to the press release, the settlement is expected to cost $243 million and will fund essential infrastructure for water delivery to several rural Navajo communities in New Mexico. The funding will be allocated for wastewater development, chlorination stations, water hauling stations, an operation and maintenance trust fund, a regional water system for importing water, and a water acquisition fund.
The settlement will directly impact nine Navajo communities within the Rio San José Basin, many of whom have no running water and have relied on water deliveries.
“This Rio San José Water Rights Settlement legislation represents hope and vital resources
for the Navajo communities in New Mexico,” Nygren said. “I urge Congress to act swiftly on the settlement. It’s more than just water. It’s about health, sustainability and the future of our people. We look to our allies in Congress to help make this a reality.”
There is a water rights settlement hearing in June for the House Natural Resources Committee before Congress adjourns, and it is imperative that the agreements be approved, Branch said.
At the water rights signing ceremony, Curley said the Nation will take their fight to Congress for their water rights “not only for our ancestors, but for future generations.” Curley urges federal and state leaders to support their voices and move the agreements for the president’s signature. — Charles Wallace, WLJ contributing editor
