A landmark bill aimed at securing water rights for the Navajo, Hopi, and San Juan Southern Paiute Tribes in northeastern Arizona failed to pass Congress before the end of the year. The Northeastern Arizona Indian Water Rights Settlement Act, a decades-long effort, faced opposition from other Colorado River Basin states, despite widespread support from tribal leaders and Arizona officials.
Key Obstacles:
- Concerns from Other Basin States:
- Colorado and Utah expressed concerns about how the water would be accounted for and delivered, particularly regarding the potential for increased water transfers from the Upper Basin to the Lower Basin.
- Utah also raised concerns about the impact of a new reservation for the San Juan Southern Paiute Tribe on existing water rights and land interests within the state.
- Lack of Seven-State Consensus:
- While there was general support for the tribes' water rights, achieving a consensus among all seven Colorado River Basin states on the details of the agreement proved challenging.
- This consensus is considered crucial for successful tribal water rights settlements.
The stakes for the Tribes is high. An estimated 30% of homes on the Navajo Nation lack access to clean drinking water. The settlement would have provided the tribes with access and new revenue streams through water leases, improving their economic security. The tribes have a long-standing and inherent right to use the Colorado River water, and this settlement aimed to formalize those rights.
The bill is expected to be reintroduced in the next session of Congress. Despite the setback, officials remain optimistic that a consensus among the basin states can be reached. The timeline for the bill's passage remains uncertain, especially with a new presidential administration and potential changes in agency leadership.
The failure to pass the Northeastern Arizona Indian Water Rights Settlement Act in the last session of Congress is a significant disappointment for the tribes and those who have worked tirelessly on this issue. However, the ongoing negotiations and the broad support for the tribes' water rights offer hope for a successful resolution in the future. Addressing the water needs of these tribal communities is crucial for their well-being and for the long-term sustainability of the Colorado River Basin.