ADWR helps finalize two historic Tribal Water Rights Settlement Agreements

Published
December 2, 2024

Governor Katie Hobbs on Nov. 19 officially concluded decades of negotiations and court battles over tribal water rights when she signed two settlements involving four Arizona Native American tribes.

AZ Governor Katie Hobbs signed the Northeastern Arizona Indian Water Rights Settlement Agreement and the Yavapai-Apache Nation Water Rights Settlement Agreement

The Arizona Governor signed the Northeastern Arizona Indian Water Rights Settlement Agreement, which settled long-standing claims with the Navajo Nation, Hopi Tribe, and the San Juan Southern Paiute Tribe. In addition, she signed the Yavapai-Apache Nation Water Rights Settlement Agreement with the Yavapai Apache Nation of north-central Arizona. 

Both agreements with the federally recognized tribes are now before Congress

“I want to thank Governor Hobbs for her leadership in helping us reach this historic agreement,” said President Buu Nygren of the Navajo Nation. 

“I also want to thank the team at the Arizona Department of Water Resources for all of their work,” President Nygren added. “With their help, I'm confident we can build a consensus with the seven Basin States to get this through Congress.”

Timothy L. Nuvangyaoma, Chairman of the Hopi Tribe, also acknowledged the governor’s achievement as well as the work of ADWR toward making it happen.

"We are closer than ever to making this historic water settlement a reality, due in no small part to Governor Hobbs' steadfast commitment to water certainty in Arizona and the dedicated efforts of Director (Tom) Buschatzke and the Arizona Department of Water Resources,” said Chairman Nuvangyaoma. 

“I am optimistic that this coalition of Tribal and State leadership can gain the support of the other six Basin States and get this bill passed in this Congress."

The tribal leaders made their observations at a critical juncture in negotiations involving the seven Basin States, the federal government and key water users, including tribes, over the new Colorado River operating guidelines that are scheduled to go into effect post-2026.

The signing of the Northeastern Arizona and Yavapai-Apache tribal settlements marks a critical milestone along the path to ensure reliable and sustainable water supplies to the Navajo Nation, Hopi Tribe, the San Juan Southern Paiute Tribe, and Yavapai Apache Nation. 

In a press statement, the Arizona Governor’s Office observed that “(f)or decades, generations of tribal members have fought to secure water supplies for their homelands and put an end to years of litigation. Through the extraordinary efforts of the tribes, northern Arizona communities, and the State, a resolution has been reached and an agreement brokered, providing water reliability for tribal and non-tribal parties alike.”

The Northeastern Arizona agreement settles outstanding tribal water rights claims to the Colorado River, the Little Colorado River, and groundwater sources in Northeastern Arizona. Water infrastructure funded through this settlement will help alleviate the lack of safe, reliable water supplies for members of all three Tribes, and help ensure the access to clean running water that all Arizonans deserve.  

C.C. Cragin Reservoir. Credit: U.S. Forest Service, Coconino National Forest.

Additionally, the Northeastern Arizona agreement ratifies a treaty that provides the San Juan Southern Paiute Tribe with 5,400 acres after sharing territory with the Navajo Nation for the last 160 years. 

Governor Hobbs also signed the agreement with the Yavapai Apache Nation, which secures safe and sustainable water supplies for the Nation, while also preserving and protecting the Verde River. It includes building a 60-mile water pipeline from C.C. Cragin Reservoir on the Mogollon Rim to deliver water to the Yavapai-Apache Nation, providing water certainty to the Nation and neighboring non-tribal communities.