WINDOW ROCK — On Thursday June 4, the United States Senate approved the Navajo-Utah Water Rights Settlement Act through unanimous consent. The Act creates a final settlement of all water rights claims between the Navajo Nation, the State of Utah and the U.S. government.
The settlement would also establish the quantified water right of the Navajo Nation to use up to 81,500 acre-feet from water sources located in Utah.
Navajo Nation Council Speaker Seth Damon specifically thanked U.S. Sen. Martha McSally “for hearing our voices and moving swiftly to resolve any holds that kept this important Act from proceeding.”
The Navajo Nation Council first considered the settlement act language in 2015 after the Navajo Nation and the State of Utah came to a negotiated agreement. With the help of federal negotiators, the Navajo Nation Water Rights Commission, Navajo Nation Department of Water Resources and the Navajo Department of Justice arrived at an agreement with the state to settle claims, establish quantified water rights and to provide for more than $210 million in federal funding for Navajo Utah water projects.
Additionally, the State of Utah will contribute $8 million to the Navajo Utah Settlement Trust Fund that will be established through the settlement act, if approved by the House.
That negotiated settlement language was approved through Navajo Nation Council Resolution No. CJA-7-16, sponsored by 23rd Navajo Nation Council Delegate Davis Filfred and cosponsored by Council Delegate Herman M. Daniels, Jr.
“I want to express a great thank you to my colleagues and to the 23rd Navajo Nation Council. Delegates advocated every chance they had at the D.C. level to get this settlement approved. I thank State Task Force Chair Mark Freeland and our State Legislators for their support and advocacy. This all started at the grassroots level and grew into a team effort by all involved,” said Delegate Daniels.
Delegates also commended McSally for working through a standstill in D.C. to get the Navajo Utah Water Rights Settlement Act included in the amendments to S.886.
“In the desert southwest, we know that water is life,” said McSally in a press release. “Reliable access to clean water has long been a challenge for remote areas on the Navajo Nation, but this legislation is a positive step toward addressing this issue. The rapid spread of the coronavirus within Arizona’s tribal communities underscored the importance of federal investment in our tribes, which overwhelmingly lack access to running water. Water security has been a priority of mine as a member of the Indian Affairs and Energy and Natural Resources Committees and I will continue to advocate for Arizona’s tribal communities.”
“As a representative of the Utah/Arizona portion of the Navajo Nation, I am very thrilled,” said Council Delegate Charlaine Tso. “For years, we had been imploring our State and Tribal Partners to remove barriers to make clean water accessible to my constituents and to their family farms. This settlement moves us forward to establishing fundamental water infrastructure that will help our farms and ranches prosper. We also look forward to avoiding a costly legal fight without the agreement. This is a phenomenal victory for the Navajo Nation and I thank Sen. McSally for her tireless dedication to seeing this settlement through. And thank you, Sen. Romney, for being a faithful partner to the Navajo People.”
Upon receiving the news, Council Delegate Nathaniel Brown said, “This day has been a long time coming and it’s what Utah Navajos have been fighting for for years. I want to thank Sen. Martha McSally for picking this up on behalf of the Navajo People and for being persistent. I also want to acknowledge the Navajo Utah leadership, grassroots groups and our Navajo Utah communities that brought this Act to this point. ”
The House is currently out of session until the end of June, at which point H.R.644 is likely to be added to their calendar for consideration. The 24th Navajo Nation Council will continue working with Congressional partners to advocate for the passage of H.R.644 as quickly as possible.