S3617119th CongressWALLET

Yavapai-Apache Nation Water Rights Settlement Act of 2026

Sponsored By: Senator Sen. Kelly, Mark [D-AZ]

Introduced

Summary

Implements the Yavapai-Apache Nation Water Rights Settlement by creating a statutory framework that would deliver permanent Central Arizona Project (CAP) water and fund water and watershed projects. The bill would ratify the June 26, 2024 Agreement, set numeric limits and sequencing for water uses, and create trust and project funds to build and operate infrastructure while recognizing the Verde River's cultural significance.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Big federal funding for pipeline

If enacted, the bill would put large federal money into the Tuñlñnichoh project. It would deposit $731,059,000 for the Cragin‑Verde Pipeline and $152,490,000 for the YAN Drinking Water System. Up to $13,000,000 could be released early for environmental work if the Settlement Agreement is revised and signed. The Secretary would pay construction costs, but the Nation would assume operations and maintenance on the Date of Substantial Completion. The Agreement would only become fully enforceable after full deposits and other approvals, and the Act could be repealed if the Secretary does not publish required findings by June 30, 2035.

YAN Water Settlement Trust Fund

If enacted, the bill would create a Yavapai‑Apache Nation Water Settlement Trust Fund with five accounts. Treasury would deposit $58,000,000 for Water Projects, $31,000,000 for Wastewater Projects, $66,000,000 for OM&R, $300,000 for Implementation, and $700,000 for Watershed work. Earnings would be available on the Enforceability Date. The Secretary must approve Tribal management plans or expenditure plans before withdrawals. No money could be paid out per person to Nation members.

Permanent CAP water and fees rules

If enacted, the bill would create a permanent YAN Amended CAP Water Delivery Contract on the Enforceability Date. It would make many CAP delivery costs nonreimbursable for YAN and remove capital and property‑tax equivalent charges for YAN CAP Water. The Secretary would pay fixed OM&R charges first from Lower Colorado funds if available; otherwise the Nation would pay. The Nation would generally pay pumping energy charges. Leases must prepay fixed OM&R and pumping energy charges, are limited to certain Arizona counties, and may not exceed 100 years.

Land transfers to Nation and town

If enacted, the Secretary would take the listed parcels in the Agreement into trust for the Yavapai‑Apache Nation within 30 days after enactment. The Forest Service would also work to transfer up to 40 acres to the Town of Camp Verde for municipal uses at Interstate 17 and General Crook Trail under existing law.

Water rights, waivers, and protections

If enacted, the bill would ratify and place specific Yavapai‑Apache Nation water rights into federal trust and forbid losing those rights by non‑use. The Nation and the United States would sign waivers on the Enforceability Date that release many waivable claims but preserve narrow retained claims and prior water rights. The act would not change Clean Water Act, Safe Drinking Water Act, or CERCLA authorities. The Secretary would keep operating the named USGS gaging station. The Dinah Hood Allotment owners could still assert state water claims.

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Sponsors & CoSponsors

Sponsor

Sen. Kelly, Mark [D-AZ]

AZ • D

Cosponsors

  • Sen. Gallego, Ruben [D-AZ]

    AZ • D

    Sponsored 1/13/2026

Roll Call Votes

No roll call votes available for this bill.

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