Navajo-Utah water settlement now enforceable

Monument Valley, Navajo Tribal Park, Utah
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  • Federal Register notice confirms settlement effective September 15, 2025.
  • Agreement secures surface and groundwater rights for the Navajo Nation in Utah.
  • Trust Fund created to finance water development projects on the reservation.
  • Court decree finalizes water rights consistent with the settlement.

Thursday, September 18, 2025 — On Monday, September 15, 2025, the U.S. Department of the Interior announced that the Navajo-Utah Water Rights Settlement Agreement is now legally enforceable. The notice, published in the Federal RegisterOpens in a new tab., makes official the settlement between the Navajo Nation, the State of Utah, and the United States.

The settlement resolves longstanding claims to water within the boundaries of the Navajo Reservation in Utah. It recognizes and protects the Navajo Nation’s rights to both surface and groundwater, ending decades of litigation tied to the Southeastern Colorado River General Adjudication in Grand County, Utah.

Funding and Trust Provisions.

As part of the agreement, Congress fully appropriated funding authorized under the Navajo-Utah Water Rights Settlement Act, enacted in 2020. These funds, along with contributions from the State of Utah, establish a Trust Fund dedicated to water development projects on the Navajo Reservation in Utah.

According to the statement of findings, the State has enacted the required legislation and provided its share of funding. This financial foundation ensures the Navajo Nation can begin long-term infrastructure projects to deliver water to homes, farms, and communities.

Legal Certainty and Court Action.

The U.S. Secretary of the Interior confirmed that the agreement has been executed by all parties, including necessary waivers and releases of claims. In addition, the Utah district court overseeing the Southeastern Colorado River General Adjudication entered an interlocutory decree confirming Navajo water rights. This decree is final and nonappealable, giving the settlement the full force of law.

Historical Context.

The Navajo Nation has pursued recognition of its water rights in Utah for decades. By securing a negotiated settlement, the Nation avoids further costly litigation while gaining resources to expand water delivery infrastructure. For Utah and the federal government, the agreement brings legal certainty to an area where water use has long been contested.

Citation: Federal Register, Vol. 90, No. 176, September 15, 2025. Statement of Findings: Navajo-Utah Water Rights SettlementOpens in a new tab..

Image:

Monument Valley Navajo Tribal Park (Utah, USA)Opens in a new tab., September 2014, Roland Arhelger.  Licensed under the Creative Commons Attribution-Share Alike 4.0 International license.


Frequently Asked Questions (FAQ).

Q: What is the Navajo-Utah Water Rights Settlement?
A: It is a legal agreement between the Navajo Nation, the State of Utah, and the United States that resolves the Nation’s claims to water within the Utah portion of the Navajo Reservation.

Q: When did the settlement become enforceable?
A: The U.S. Department of the Interior published a Federal Register notice on September 15, 2025, making the settlement legally enforceable.

Q: Who are the parties involved?
A: The settlement involves the Navajo Nation, the State of Utah, and the United States government.

Q: What law authorizes the settlement?
A: The settlement is authorized under the Navajo-Utah Water Rights Settlement Act, Section 1102 of Public Law 116-260.

Q: What water rights are recognized?
A: The settlement recognizes and protects the Navajo Nation’s rights to both surface water and groundwater within the boundaries of the Utah Navajo Reservation.

Q: What role does funding play in the settlement?
A: Congress and the State of Utah have provided funding to establish a Trust Fund. This fund will be used to build water development projects on the reservation, improving water access for Navajo communities.

Q: Did the courts play a role in finalizing the settlement?
A: Yes. A Utah district court entered a decree confirming the Navajo Nation’s water rights consistent with the settlement. The decree is final and cannot be appealed.

Q: Why is this settlement significant?
A: The agreement ends decades of litigation over Navajo water rights in Utah and provides resources for critical infrastructure, creating legal certainty for all parties.

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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