A Voice from the Eastern Door
A Voice from the Eastern Door
By Isaac White
The Navajo Nation, along with the Hopi and San Juan Southern Paiute tribes, is advancing a comprehensive water rights settlement to address decades of inadequate water access in the expansive and arid regions of the Colorado River basin. This ambitious proposal, introduced to the Navajo Nation Council, marks the beginning of a complex approval process that spans tribal, state, and federal levels, aiming ultimately for Congressional endorsement.
The urgency of this settlement arises from ongoing climate change and intense water demands from rapidly growing desert cities such as Phoenix and Las Vegas. These factors have catalyzed the tribes to seek a resolution under favorable political conditions, including a more favorable administration in Arizona and President Joe Biden’s federal leadership.
The U.S. Supreme Court has ruled that treaties with Native American tribes do not automatically guarantee water rights. This legal clarification profoundly impacts tribes seeking to secure water resources, including the Navajo Nation. By negotiating specific agreements, the tribes aim to establish clear and enforceable water rights that treaties do not inherently provide. This approach is vital for ensuring the tribe's ability to effectively manage and utilize essential water resources, particularly in regions where water scarcity poses significant challenges to daily life and economic development.
Historically, the 1922 Colorado River Compact allocated water among seven Western states but egregiously omitted Native American tribes. This settlement seeks to rectify this oversight by securing water from a variety of sources: the Colorado River, the Little Colorado River, and local aquifers, which are crucial for the tribes' sustenance and future development.
The settlement includes significant water sources such as the Colorado River and the Little Colorado River, both of which are crucial for supporting the ecological balance and water needs of the region. The Colorado River, one of the most critical water sources in the Western United States, is recognized within the settlement as a vital resource for the Navajo Nation, providing a foundation for sustainable development and support for community needs across the tribe's extensive territories.
The Little Colorado River, a direct tributary of the Colorado River, plays an essential role in the day-to-day life of the communities it traverses. The settlement provisions ensure that the Navajo Nation can harness this river's resources, recognizing water rights and enabling effective management to support local communities.
Additional water sources included in the settlement are groundwater resources from local aquifers, such as the Navajo Aquifer—one of the tribe's primary groundwater sources. This aquifer, located beneath the surface of northeastern Arizona and extending into New Mexico and Utah, serves as a critical water reserve less susceptible to drought conditions than surface water. Securing rights to this aquifer and other similar groundwater sources ensures a more stable and reliable year-round water supply.
The settlement also recognizes rights to various washes and smaller water bodies across the tribal lands, which are seasonal water flows that contribute to water availability, especially during the rainy seasons. Including these sources bolsters the water supply during times when primary sources might be under strain.
The Navajo Nation spans 27,000 square miles across Arizona, New Mexico, and Utah, with nearly a third of homes lacking running water. Similar conditions plague the Hopi lands, underlining the critical need for negotiated water rights and infrastructure development to deliver water efficiently to these remote areas.
Robbin Preston Jr., President of the San Juan Southern Paiute, highlighted the settlement's transformative potential in a recent communication, stating, "We will have economic opportunities that our tribal members have never seen before, which will give hope and pride to our people."
As the Hopi Tribal Council schedules a review of the settlement on May 20, the Navajo Nation has intensified its efforts to educate its citizens about the stakes of the negotiations. They have organized extensive community meetings and offered translations in Navajo to ensure comprehensive understanding and support among the populace.
According to the Navajo Nation's press release, Speaker Crystalyne Curley emphasized the foundational role of the settlement in building necessary infrastructure, “The lack of accessible water sources has unfortunately led to the displacement of many Navajo community members, compelling them to relocate themselves closer to these vital resources and related opportunities. With the introduction of this settlement, we anticipate a profound impact on Navajo investments in essential infrastructure projects, such as roads, housing, education, and healthcare, all of which require water. This will not only foster growth, health, and prosperity within our nation but also ensure a sustainable future for generations to come.”
Navajo Nation Attorney General Ethel Branch remarked on the settlement’s scope, “If authorized and funded by Congress, this settlement will provide billions of dollars’ worth
of water infrastructure and development for Navajo communities in Arizona. Our Navajo
communities have endured great hardship for decades due to severe water infrastructure
deficiencies that have negatively impacted our peoples’ health, longevity, financial well-being
and general welfare” Attorney General Branch said. “The settlement offers the Navajo Nation
an opportunity for growth and economic prosperity, and a pathway home for our children, our
grandchildren and generations yet to come.”
“The Navajo Nation is committed to safeguarding a permanent homeland for the Diné and
preserving the Navajo way of life,” said Navajo Nation Water Rights Commissioner Chair Joelynn Ashley. “This settlement helps close the severe equity gap all across our Navajo communities. It will ensure that our Navajo families will have equal access to water in their homes.”
Navajo Nation President Buu Nygren reflected on the historical and future significance of the settlement, “is a monumental step to ensure the Navajo Nation can provide water to our people.” “Securing this settlement, delivering water to our homes, is not just a promise, it’s my priority,”he said.
He added: “This agreement brings us closer to making that a reality for every Navajo family. Thiswater is needed to build roads, schools, clinics, businesses, housing and all kinds of economic development across our Nation to secure our future.”
Looking ahead, the legislation must pass through several Navajo Nation Council committees before reaching a special session, where it requires a two-thirds vote to pass. Following this, federal legislation is anticipated to facilitate the settlement's actual implementation.
As this journey unfolds, the hope is that this comprehensive settlement will not only address the immediate needs of the Navajo people but also pave the way for enduring prosperity and stability across the region.
Reader Comments(0)