Arizona Indian water right settlements addressed at close of 2022

Geronimo Pass, SR 73 on the White Mountain Apache lands
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January 11, 2023 – Three Indian water right settlements involving Tribes in Arizona were addressed at the close of 2022.

According to a Department of InteriorOpens in a new tab. press release, the 117th Congress’ closing activity included the enactment of one settlement was enacted, amendment of another settlement, and another bill affecting Tribal water rights was enacted.  As characterized by the Department of Interior, the legislation includes:

  • S. 4104, the Hualapai Tribe Water Rights Settlement Act of 2022.  The Hualapai Tribe Water Rights Settlement Act of 2022 settles the Tribe’s water rights claims in Arizona and is the result of over a decade of dedicated, good-faith negotiations among the tribe, the federal government, the State of Arizona, and other parties. The bill approves a settlement agreement that will provide much needed water to the Tribe and establishes a trust fund of $312 million that the Tribe can use to develop water infrastructure on its Reservation. The Act’s provisions will help provide certainty to the Tribe and to surrounding communities regarding access to water resources, enable Tribal economic growth, and promote Tribal sovereignty and self-sufficiency.
  • S. 3168, an Act to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to modify the enforceability date for certain provisions, and for other purposes. This Act amends the White Mountain Apache Tribe’s 2010 Settlement, which settled the Tribe’s water rights claims in Arizona. That Act authorized the design and construction of a rural water system to address the dire need for a domestic water supply on the Tribe’s Reservation. Working closely with experts at the Bureau of Reclamation, the Tribe identified critical changes to the infrastructure design along with the need for additional funding to complete the project. This amendment provides the additional $530 million needed to complete construction of the rural water system.
  • S. 3308, the Colorado River Indian Tribes Water Resiliency Act of 2022.  The Colorado River Indian Tribes Water Resiliency Act of 2022 authorizes the Colorado River Indian Tribes to lease, exchange, store, or conserve portions of their decreed water rights located in the State of Arizona to off-Reservation users. This Act – the product of many years of diligent negotiations among the Tribe, the State, and non-Indian water users – reflects the federal government’s commitment to Tribal self-determination and Tribal sovereignty.

The Interior Department writesOpens in a new tab., “These new laws supplement the significant resources provided for in President Biden’s Bipartisan Infrastructure Law, which provides more than $13 billion directly in Tribal communities across the country and makes Tribal communities eligible for billions more in much-needed investment. That includes $2.5 billion to implement the Indian Water Rights Settlement Completion Fund, which will help deliver long-promised water resources to Tribes, certainty to all their non-Indian neighbors, and a solid foundation for future economic development for entire communities dependent on common water resources.”

Image:
View E, Geronimo Pass, Fort Apache Reservation, White Mountain Apache,SR 73Opens in a new tab., by Chris English, November 2021 via Wikimedia Commons.

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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