Northeastern Arizona Indian Water Rights Settlement Act of 2025

Settlement of Water Rights Claims: The bill seeks to achieve a "fair, equitable, and final settlement" of all water rights claims for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe (Section 2(1)).

Validation of Water Rights: The Act ratifies, confirms, and declares the water rights of the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, and their respective allottees to be valid (Section 5(a)(1)).

Protection Against Water Loss: Water rights described in the Act shall not be subject to loss through non-use, forfeiture, or abandonment (Section 5(e)).

Equitable Benefits for Allottees: Congress intends to provide Navajo Allottees with benefits that are equivalent to, or exceed, what they possessed prior to the enactment of this Act (Section 5(b)).

Water Delivery for Navajo Nation: The Secretary is required to enter into a water delivery contract for the Navajo Nation to provide up to 44,700 AFY of Upper Basin Colorado River Water (Section 6(e)(1)(A)(i)).

Water Delivery for Hopi Tribe: The Secretary is required to enter into a water delivery contract for the Hopi Tribe to provide up to 2,300 AFY of Upper Basin Colorado River Water (Section 6(e)(4)(A)).

Water Infrastructure Development: The construction of the iina ba - paa tuwaqat'si pipeline will deliver potable water for domestic, commercial, municipal, and industrial uses to the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Southern Area (Section 8(a)(1)(E)).

Financial Autonomy for Tribes: Tribes are entitled to all consideration due under any lease, option to lease, exchange, or option to exchange, and the United States is prohibited from claiming these funds (Section (d)(1)).

Tribal Control of Infrastructure: Title to various phases of the iina ba - paa tuwaqat'si pipeline will be transferred to the Navajo Nation and Hopi Tribe upon substantial completion of the project (Section 8(a)(3)(B)).

Dedicated Funding for Water Projects: Specific trust funds are established to ensure money is available for water projects, operation and maintenance, agricultural conservation, and renewable energy projects for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe (Sections 10, 11, and 12).

Agricultural Support: Funds within the trust accounts may be used to pay for improvements to reduce water shortages on historically irrigated lands, such as irrigation systems, wells, and land leveling (Section 10(f)(3) and 11(f)(3)).

Satisfaction of Water Rights: The bill provides for the full satisfaction of water rights and other benefits for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe through the resources granted in the settlement (Section 15).

Creation of the San Juan Southern Paiute Reservation: Approximately 5,400 acres of land are proclaimed as the San Juan Southern Paiute Reservation, held in trust for the exclusive benefit of the tribe (Section 19).

Tribal Jurisdiction: Upon the publication of boundary markings, the San Juan Southern Paiute Tribe will have full jurisdiction over matters within their reservation area to the extent permitted by Federal law (Section 19).

Water Supply Infrastructure: The bill authorizes the treatment, storage, and conveyance of water using the Navajo-Gallup Water Supply Project facilities to address critical water needs (Section 20).

Water Reductions During Shortages: Delivery of certain water types, such as Navajo Nation Cibola Water and Hopi Tribe Fourth Priority Water, is subject to reduction in years when a shortage is declared (Section 6(b)(3)(A)(i) and 6(b)(3)(B)(i)).

Water Evaporation Losses: System Conservation Eligible Water stored in Lake Powell will be subject to evaporation losses (Section 6(c)(4)(C)(iv)).

Environmental Compliance Costs: Costs associated with compliance activities for the Tribes (excluding the iina ba - paa tuwaqat'si pipeline) are to be paid from specific Tribal trust fund accounts (Section 4(f)(1)).

Potential Financial Burden on Tribes: If the iina ba - paa tuwat'si pipeline implementation fund account is insufficient, the Navajo Nation and Hopi Tribe may be required to provide supplemental funding from their own Water Settlement Trust Funds (Section 13(a)(3)).

Responsibility for Delivery Charges: Lessees of water are required to pay all operation, maintenance, and energy charges associated with the delivery of leased water (Section (e)).

Loss of Legal Claims: The act authorizes the execution of waivers and releases of various past, present, and future claims regarding water rights and injuries to water, which may limit the ability of tribes or the United States to seek legal recourse for certain issues (Sections 14(a), (b), (c), (e), (f), and (i)).

No Individual Water Rights: The act specifically states that it does not recognize or establish any specific right for individual members of the Navajo Nation, Hopi Tribe, or San Juan Southern Paiute Tribe to water on their respective lands (Section 15).

Risk of Repeal: If certain conditions, such as the publication of a statement of findings, are not met by June 30, 2035, the act will be repealed and associated contracts will be void (Section 16).

Financial Responsibility for Capacity: Any costs related to the increased capacity of the Navajo-Gallup Water Supply Project must be paid solely by the Navajo Nation (Section 20).