HR2025119th CongressWALLET

Northeastern Arizona Indian Water Rights Settlement Act of 2025

Sponsored By: Representative Ciscomani

Introduced

Summary

Would finalize and fund a negotiated water-rights settlement for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe. This bill would ratify a detailed Settlement Agreement, allocate specific Colorado River and related waters, create tribal trust funds, and authorize construction and operation rules for a major pipeline.

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  • Tribes and allottees: Would confirm and place enumerated surface and groundwater rights in federal trust and set specific allocations such as Navajo Upper Basin 44,700 AFY and Hopi Upper Basin 2,300 AFY. It creates multi-account trust funds for project construction, operation and maintenance, and conservation under federal trust-management rules.
  • Infrastructure, leasing, and interstate use: Would transfer the iina ba
  • paa tuwaqat'si pipeline to tribal ownership with a substantial-completion deadline of December 31, 2040, and make tribes responsible for day-to-day operation and power acquisition. The bill authorizes leases, exchanges, off-reservation municipal deliveries, Central Arizona Project transport, and caps Lower Basin leasing at 17,050 AFY for the first 20 years.
  • Legal and environmental tradeoffs: Includes comprehensive waivers and limited tribal sovereign-immunity waivers tied to enforcement of the Settlement Agreement and prevents tribal enforcement of several federal and tribal environmental laws on the specified tribal lands.

*Would require a $5.1 billion appropriation deposited into implementation and trust accounts to carry out the settlement.*

Bill Overview

Analyzed Economic Effects

20 provisions identified: 5 benefits, 3 costs, 12 mixed.

New tribal pipeline to bring water

If enacted, Interior would plan, design, and build a pipeline to bring Lake Powell water to Navajo, Hopi, and San Juan Southern Paiute communities. It would deliver up to 7,100 acre‑feet per year to Navajo/San Juan Southern Paiute and up to 3,076 acre‑feet per year to Hopi. About $1.7 billion would go into a pipeline fund, with $250 million available early for design and environmental work. Construction could not start until final design, a cost‑sharing agreement, and environmental reviews are done. Tribes would grant rights‑of‑way at no cost, the Indian Self‑Determination Act would not apply to this project, U.S. liability would be limited after transfer, and substantial completion would be due by December 31, 2040 (unless extended).

New tribal water trust funds

If enacted, new trust funds would support Navajo, Hopi, and San Juan Southern Paiute water projects. The Hopi fund would receive about $515.2 million across five accounts, and the San Juan Southern Paiute fund would receive $29.8 million. Money could pay for drinking‑water projects, operations and maintenance, farm conservation, select Lower Basin water purchases, and system conservation. Navajo would also have a multi‑account trust fund with withdrawals tied to an approved plan. Cash could not be paid per capita to San Juan Southern Paiute members. Most spending would wait until the settlement becomes enforceable.

Confirm tribal water rights and shares

If enacted, the bill would confirm Navajo, Hopi, and San Juan Southern Paiute water rights in trust. On the enforceability date, Navajo would get 44,700 AFY plus 3,500 AFY of Fourth Priority water, and Hopi would get 2,300 AFY. Listed tribal rights could not be lost for non‑use. Certain tribal waters could not be permanently sold. The Hopi Cibola diversion would be capped at 4,178 AFY.

Pipeline build: cost sharing and fund holdbacks

The big regional pipeline would not start until phase-one design and environmental reviews are done and a cost‑sharing deal is signed. The Navajo Nation and Hopi Tribe would split planning, construction, and maintenance costs as set in that deal. Half of each tribe’s water settlement trust fund would be held back to help pay for the pipeline until final design is approved, and possibly longer if needed. A project operations committee would set water delivery rules, upkeep duties, and who pays annual OM&R, with a right to sue to enforce the deal. Tribes would have to secure the power needed to run any projects they build.

Project funds indexed to construction costs

Money for the pipeline and related trust funds would be adjusted for inflation and cost swings after January 1, 2024. The Secretary would use Bureau of Reclamation cost indexes, and could adjust for sudden market shocks. Adjustments would repeat each time Congress adds more funding until the full amounts are appropriated.

Settlement starts only after big conditions

If enacted, the settlement would take effect only after the Secretary publishes findings that many conditions are met. These include signatures by the U.S. and 30+ parties, court approval of decrees, tribal resolutions, a municipal services agreement, and about $5.1364 billion authorized, appropriated, and deposited. If findings are not published by June 30, 2035 (or a later agreed date), the Act would be repealed. Contracts would be void and unspent funds would return to the Treasury, with a listed section preserved.

Controlled withdrawals from tribal trust funds

The Hopi Tribe and the San Juan Southern Paiute Tribe would be able to withdraw money from their settlement trust funds after deposits only with an approved plan. A Tribal management plan or an expenditure plan must be approved by the Secretary and must follow this Act. Allowed uses for the San Juan Southern Paiute include water projects, farm conservation, and OM&R. The Secretary could enforce approved plans if needed.

Store water in Lake Powell 20 years

If enacted, the Secretary would sign 20‑year agreements to store 17,050 AFY in Lake Powell for system conservation. Each year, the Navajo Nation would provide 16,214.55 AFY and the Hopi Tribe 835.45 AFY. Stored water could evaporate and would be released only under agreed rules or Bureau criteria. During the program, stored water would not count in annual Lake Powell release decisions.

Leasing tribal water comes with charges

If you lease tribal Colorado River water, you would pay all operations, maintenance, replacement, and energy charges. If delivery uses the Central Arizona Project, you would have to pay CAP fixed OM&R and pumping energy charges in advance. The Navajo Nation, Hopi Tribe, and the United States would not cover these delivery costs when water is leased.

Federal promises depend on future funding

The United States would not be liable for any project or payment under this Act unless Congress later provides enough money. Even if the Act authorizes spending, work would wait for explicit appropriations.

Limits on moving water off land

If enacted, moving tribal water off reservations or across basins would face tight limits. Cross‑basin deliveries would wait for new federal rules and would be capped at 17,050 AFY for 20 years, then up to 47,000 AFY minus certain Navajo diversions. Off‑reservation municipal use would be allowed only through facilities connected to reservation systems. Out‑of‑state transfers would be barred, with a narrow storage exception in two New Mexico reservoirs for the Navajo Nation. Diversions in Utah for Arizona use would require Utah permits, measurement, and no harm to Utah rights.

Rules and costs to move tribal water

If enacted, lessees that move tribal water through the CAP canal would have to pay all CAP operation, maintenance, and energy charges in advance. The Navajo Nation could use the Navajo‑Gallup project to move up to 12,000 AFY of non‑Project water, but must pay all costs to add capacity. Funds from a 2009 law could not pay to treat, store, or move that 12,000 AFY. Tribes could store water at approved sites and assign storage credits, but water stored under tribal law could only be recovered on that reservation.

Legal waivers to settle tribal water claims

If enacted, on the enforceability date the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, and the United States would sign waivers and releases of many water‑related claims, with settlement benefits as full satisfaction. The United States would also waive certain claims against the Navajo Nation and the Hopi Tribe. The U.S., as trustee, would waive certain claims for Navajo and Hopi Allottees, while keeping listed enforcement rights. Navajo Allottees would need to use Navajo Nation remedies before suing the United States. A past Paiute allotment procedure would be repealed.

Limits on leasing tribal Colorado River water

The Navajo Nation and Hopi Tribe could lease certain Colorado River water with the Secretary’s approval. Leases must state where the water will go, how it will be used, and for how long. Early on, leasing would be capped at 17,050 acre‑feet per year combined for 20 years after the enforceability date, with set shares for each Tribe. Some leases would be limited to terms of up to 100 years or 40 years.

Navajo Water Code fixes and review

If told by the Secretary that its Water Code does not meet requirements, the Navajo Nation would have 3 years to submit changes. The Secretary would approve or disapprove within 180 days, with possible extensions. Until approval, the Secretary would administer certain Navajo Allottee water rights.

Rules to store, move, and count water

Federal dams and certain San Juan River works could be used to move and deliver Navajo and Hopi tribal water. Storage contracts would need to name the storage place, diversion points, and delivery method, and not conflict with this Act. Storing Navajo Upper Basin water in New Mexico would need state permits and follow accounting rules. Water diverted in Utah for use in Arizona would count against Arizona’s Upper Basin share. In shortage years, Navajo Cibola Water and Fourth Priority Water deliveries could be cut like other Fourth Priority water.

Tribes handle most environmental reviews

Most environmental reviews for tribal water projects would be prepared by the Tribes and paid from their groundwater trust funds. Pipeline-related environmental review costs would come from the pipeline implementation fund. The federal government would still do its own review and approvals and pay for inherently federal work. The Secretary would remain responsible for the accuracy and scope of all reviews submitted for federal decisions.

Water use counted and state rights kept

If enacted, certain tribal consumptive uses would be credited to Lee Ferry but charged to the Lower Basin and to Arizona’s 2,800,000 AF share. The bill would not change states’ Compact rights or set precedents beyond this settlement. Tribes would have new annual reporting and measuring duties starting March 1 after the enforceability year. This aims to keep clear accounting while preserving state shares and existing water‑law frameworks.

Creates San Juan Southern Paiute Reservation

About 5,400 acres would become the San Juan Southern Paiute Reservation and be held in trust for the Tribe. After the Secretary publishes the boundary notice, the Tribe would have full jurisdiction there under federal law, unless it agrees otherwise with the Navajo Nation. The Secretary would survey, file plats, mark or fence lands where feasible, and study an access road from U.S. 89 to the Southern Area. The bill says this does not create a water reservation for the Northern Area in Utah.

Narrow waiver to enforce this settlement

Parties could bring cases that only interpret or enforce this Act or the Settlement Agreement. Plaintiffs would have to name the Tribe or the United States as trustee and could not seek money, court costs, or attorney fees. The Tribes consented to this limited waiver in May 2024 resolutions.

Sponsors & CoSponsors

Sponsor

Ciscomani

AZ • R

Cosponsors

  • Stanton

    AZ • D

    Sponsored 3/11/2025

  • Ansari

    AZ • D

    Sponsored 3/11/2025

  • Grijalva

    AZ • D

    Sponsored 3/11/2025

  • Crane

    AZ • R

    Sponsored 3/11/2025

  • Schweikert

    AZ • R

    Sponsored 3/11/2025

  • Grijalva

    AZ • D

    Sponsored 12/17/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov

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