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S3617119th CongressWALLET

Yavapai-Apache Nation Water Rights Settlement Act of 2026

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

In Committee

Summary

This bill would settle and fund the Yavapai‑Apache Nation's water rights and build water infrastructure. It ratifies a negotiated agreement, creates dedicated project and trust funds, and recognizes the Verde River's cultural and instream flow value.

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  • Confirms Yavapai‑Apache Nation water rights to be held in trust by the United States, protects those rights from loss for non‑use, restricts most off‑reservation transfers, and requires transfer of specified land parcels into trust for the Nation.
  • Creates the Tu nl[[nichoh Water Infrastructure Project with a Cragin‑Verde pipeline to deliver about 6,836.9 acre‑feet per year to the Nation and up to 1,912.2 acre‑feet per year to other Yavapai County users. It also funds a Nation drinking water system sized for 2.25 million gallons per day with a 3.0 million gallons per day peak and optional additional capacity if county users pay their share.
  • Directs the Secretary of the Interior to execute and implement the Agreement, deposit required Treasury amounts into separate Project and Trust Fund accounts, hold title during construction, and have the Salt River Project operate pipeline facilities at Substantial Completion while cost and operation rules are set by the Agreement.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Big federal funding and conditions

If enacted, the bill would create two big federal funds to pay for the projects and the Nation's water plan. The Treasury would deposit about $731 million for the Cragin‑Verde pipeline and about $152 million for the YAN drinking water system. It would also create a Trust Fund with deposits including $58 million for water projects, $31 million for wastewater, $66 million for operations and maintenance, $300,000 for implementation, and $700,000 for watershed work. Most money would not be spent until the Secretary issues an "Enforceability Date" finding that many conditions are met. If the Secretary does not publish required findings by June 30, 2035, the Act would be repealed and unused funds would return to the Treasury. The bill also says the United States is not liable to perform steps in the Act unless Congress provides required appropriations.

Settle water rights, waivers, and land

If enacted, the bill would ratify and confirm the Yavapai‑Apache Nation's water rights in the Settlement Agreement and direct the United States to hold those rights in trust. The Nation and the United States would sign a broad waiver giving up many past and present water claims through the Enforceability Date, while preserving certain retained and allottee claims. The Secretary would accept title to specified parcels and hold them in trust for the Nation within 30 days after enactment. The Nation would consent to a limited waiver of sovereign immunity for actions that only interpret or enforce the Agreement. The bill also preserves Dinah Hood Allotment owners' rights to seek individual water adjudication.

Build, own, and run local water projects

If enacted, the bill would let the Bureau of Reclamation plan, design, and build the Tu'nl nichoh projects: the Cragin‑Verde pipeline and the YAN drinking water system. The YAN treatment plant would be sized for up to 2.25 million gallons per day and a 3.0 million gpd peak. The pipeline must deliver at least 6,836.92 acre‑feet per year to the Nation and can deliver up to 1,912.18 AFY to county users. The United States would own the projects during construction. When the Bureau of Reclamation issues written notice that the projects are "substantially complete," SRP would operate the pipeline and assume operation, and the Nation would receive title and take operation and maintenance responsibility for its drinking system. Until substantial completion, the Secretary pays O&M costs.

Rules for CAP water delivery and charges

If enacted, the bill would set who pays and what rules apply when the Nation gets Central Arizona Project (CAP) water. The Nation would get permanent CAP service and may store CAP water in Arizona and sell long‑term storage credits. CAP construction and delivery costs allocable to the Nation are declared nonreimbursable and no CAP capital service charges would apply for YAN CAP Water. However, CAP Fixed operation and maintenance charges must be paid in advance; the Secretary can pay them from a Lower Colorado fund if that fund has money, otherwise the Nation must pay. Pumping energy charges apply only when the CAP System is used. The bill would also define "Fourth Priority Water" for Arizona and limit that category to 164,652 acre‑feet per year and require CAP obligations be met first. The Nation may not permanently transfer CAP water for use outside Arizona. No property tax or in‑lieu tax is due for CAP delivery or storage under the Act.

Keep the Verde River gage running

If enacted, the Secretary would have the U.S. Geological Survey continue to operate the Verde River gaging station above Camp Verde. The station would monitor the Nation's instream flow right and help administer and enforce local water rights under the Agreement.

Small land transfer for Camp Verde

If enacted, the bill would direct the Forest Service to work with the Town of Camp Verde to transfer up to 40 acres of Forest Service land to the Town. The land would be used for public safety and other municipal purposes and the transfer would follow existing authorities.

Sponsors & CoSponsors

Sponsor

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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