Mark Kelly (D-AZ)
Yavapai-Apache Nation Water Rights Settlement Act of 2026
A Democratic bill with 1 Democratic cosponsor · See the cosponsor
Last activity — Committee on Indian Affairs. Hearings held.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
This bill aims to approve the settlement of water rights claims for the Yavapai-Apache Nation in Arizona. It authorizes the construction of the Tu ñel[[nichoh Water Infrastructure Project, which includes a pipeline and a drinking water system. The legislation ratifies a specific Water Rights Settlement Agreement and directs the Secretary of the Interior to execute it. It also provides for the establishment of a project fund and a settlement trust fund for the Nation. Furthermore, the bill authorizes various appropriations to fund these infrastructure projects and settlement activities. The text also outlines legal conditions regarding parties to an agreement involving the Yavapai-Apache Nation, establishes limitations on legal actions, and prevents the United States from being held liable for failure to act if Congress does not provide adequate appropriations. Additionally, it modifies previous law to allow for specific water availability from the C.C. Cragin Dam and Reservoir for Yavaya County and directs the Forest Service to work with the Town of Camp Verde on a land title transfer.
Yes· 3 of 12
- Scored +8
Would Native Americans be better off under this?
The bill significantly enhances the water rights, storage capabilities, and economic autonomy of the Yavapai-Apache Nation.
- Scored +6
Does this narrow racial gaps in how people are treated?
The bill empowers the Yavapai-Apache Nation by granting them control over water leasing, exchanges, and storage for their own economic benefit.
- Scored +5
Does this make the government pay for what it commits to?
The bill authorizes mandatory appropriations of specific funds to settle water rights claims and construct water infrastructure.
The opposite
- Scored -2
Does this leave more decisions to the states?
The bill involves federal oversight through the Secretary for the approval of water contracts and lease renegotiations.
Who it would affect, and how
Potential Positive Impacts for People
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Resolution of Water Rights Claims: The bill seeks to fully and finally resolve all claims to water rights, including damages claims, for the Yavapai-Apache Nation and the United States acting as trustee (Section 2(1)).
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Infrastructure Development: It authorizes the construction of the Cragin-Verde Pipeline Project and the Yavapai-Apache Nation Drinking Water System Project (Section 6(a)).
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Water Delivery Capacity: The Cragin-Verde Pipeline Project is required to be capable of delivering at least 6,836.92 AFY of water to the Yavapai-Apache Nation (Section 6(b)(3)(A)(i)).
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Cultural and Environmental Protection: The bill recognizes the cultural, traditional, and religious value of the Verde River and aims to protect its existing flows (Section 2(5)).
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Creation of a Trust Fund: A settlement trust fund is established for the Yavapai-Apache Nation to manage and invest funds for various water-related projects and management (Section 8).
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Land Acquisition: The Secretary is directed to accept the transfer of title to specific lands to be held in trust for the benefit of the Yavapai-Apache Nation (Section 13(b)).
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Water Availability for Yavapai County: Up to 1,639.74 acre-feet of water per year may be made available from the C.C. Cragin Reservoir for municipal and domestic uses in Yavaya County, Arizona, without cost to the Salt River Federal Reclamation Project, provided certain contract conditions are met by December 31, 2029. (Section 17(a))
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Land Transfer for Town of Camp Verde: The Forest Service is directed to work with the Town of Camp Verde to transfer title of up to 40 acres of Forest Service land for public safety and other municipal purposes. (Section 17(c))
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Exemption from Certain Restrictions: The Reclamation Reform Act of 1982 and other acreage or pricing provisions will not apply to individuals or entities solely because they receive benefits under this Act, perform the Agreement, or use/exchange CAP water. (Section (c))
Potential Negative Impacts for People
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Waiver of Legal Claims: The bill requires the Yavapai-Apache Nation and the United States to execute a waiver and release of various past, present, and future water rights claims (Section 11(a)).
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Assumption of Maintenance Costs: After the Date of Substantial Completion, the Yavapai-Apache Nation and other beneficiaries must bear the costs of care, operation, and maintenance for the Cragin-Verde Pipeline Project on a pro rata basis (Section 6(b)(6)(B)).
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Responsibility for Drinking Water System Costs: Upon the Date of Substantial Completion, the Yavapai-Apache Nation assumes all responsibility for the care, operation, and maintenance of its drinking water system (Section 6(c)(6)(A)).
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Potential Repeal of the Act: If the Secretary fails to publish a statement of findings by June 30, 2035, the act may be repealed, which would make any actions or contracts taken under it void (Section 15(b)(1)).
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Liability Limitations for the United States: The United States is not liable for failing to carry out obligations or activities authorized by this Act if Congress does not provide adequate appropriations. (Section (b))
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Restrictions on Legal Actions: Certain parties bringing actions relating to the interpretation or enforcement of the Act or Agreement are prohibited from requesting monetary damages, court costs, or attorney fees against the Yavapai-Apache Nation or the United States acting as trustee, with specific exceptions for certain claims. (Section (A))
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Restrictions on Landowner/Water User Actions: Landowners or water users in the Gila River Watershed bringing actions regarding specific paragraphs or decrees are prohibited from requesting monetary damages, court costs, or attorney fees against the Yavapai-Apache Nation or the United States acting as trustee. (Section (B))
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Demographic And Interest Groups
- Would Native Americans be better off under this? — The bill significantly enhances the water rights, storage capabilities, and economic autonomy of the Yavapai-Apache Nation. Would people in rural areas be better off under this? — The bill includes land transfers and infrastructure projects intended to support rural municipal boundaries. Would households on low incomes be better off under this? — The bill includes provisions for drinking water system accounts and municipal water service agreements. Would people in cities be better off under this? — The bill facilitates water transfers for municipal and domestic uses in Yavapai County.
- Social Issues And Justice
- Does this narrow racial gaps in how people are treated? — The bill empowers the Yavapai-Apache Nation by granting them control over water leasing, exchanges, and storage for their own economic benefit. Is this likely to lift people out of poverty? — The bill provides the Yavapai-Apache Nation with new revenue streams through water lease and exchange consideration. Does this make housing cost less? — The bill facilitates the transfer of title to specific lands to be held in trust for the benefit of the Yavapai-Apache Nation.
- Economy And Finance
- Does this make the government pay for what it commits to? — The bill authorizes mandatory appropriations of specific funds to settle water rights claims and construct water infrastructure. Is this likely to grow the economy? — The bill facilitates water leasing and exchanges which can support economic activity in several Arizona counties.
- Environment Energy And Infrastructure
- Does this invest in rural communities? — The bill funds the Tu łi''nichoh Water Infrastructure Project and provides land transfers for municipal purposes in rural areas. Does this better protect air, water and wildlife? — The bill regulates water storage and use within specific geographic and legal frameworks.
- Governance And Ideology
- Does this make what the government does easier for the public to see? — The bill requires the Secretary to prepare and make available maps of covered land for public inspection. Does this leave more decisions to the states? — The bill involves federal oversight through the Secretary for the approval of water contracts and lease renegotiations.
- 7/29/2026
- Committee on Indian Affairs. Hearings held.
- 1/13/2026
- Read twice and referred to the Committee on Indian Affairs.
- 1 Cosponsor added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Ruben GallegoDemocrat · Arizona