KYKOTSMOVI – The Hopi Tribe, Navajo Nation, and San Juan Southern Paiute Tribe have reached a historic milestone for water security in northeastern Arizona. In a momentous act of tribal solidarity, all three tribes have approved a settlement agreement with state parties and other non-Indian water users to resolve the tribes’ respective claims to surface water and groundwater in northeastern Arizona.
On May 9, the parties to the Northeastern Arizona Indian Water Settlement Agreement concluded intensive, months-long negotiations, decades in the making. But the settlement must be formally approved by each of the parties’ leadership and ratified by an act of federal legislation before the tribes can enforce their water rights.
Recognizing the time pressures imposed by the federal legislative calendar, the Hopi Tribal Council strove to meet the occasion. By May 20, the Hopi Tribal Council had participated in extensive briefing sessions with its negotiation team, reviewed the settlement documents, prepared an action item, and introduced Resolution H-035-2024 to approve the Northeastern Arizona Indian Water Settlement Agreement. The resolution passed unanimously. The other two tribes followed quickly behind, passing their respective resolutions approving the settlement on May 23.
The Northeastern Arizona Indian Water Settlement Agreement is the largest Indian water settlement to date. It settles the water rights of three tribes, creates mechanisms for managing and protecting water resources shared by the reservations, highlights the cultural significance of water and principles of stewardship, and includes a request for the federal funding necessary to build infrastructure to deliver water to remote tribal communities.
The tribes and non-Indian water users have been actively litigating water rights claims in the Arizona state court system for over thirty years. Recently, from 2018-2022, the Hopi Tribe participated in two trials to assert its past, present, and future water rights in the Little Colorado River Basin.
The Navajo Nation litigated the first phase of its water rights claims in 2023, with the second trial scheduled for 2027. All of the major parties to the litigation, as well as other interested parties, participated in the settlement negotiations. This historic coalition—representing approximately one-third of the Arizona’s geographical extent—is a testament to the power of unity and collaboration in the face of water uncertainty. For the Hopi Tribe, this settlement is not just a legal document; it is a path forward.
Under the agreement, the Hopi Tribe will have access to reliable water and water infrastructure necessary to ensure the health, well-being, and economic prosperity of the Hopi People for generations to come. Among other things, the agreement makes available to the Hopi Tribe diverse water sources to meet future water needs on the Reservation, including reliable mainstem Colorado River water. It also provides inter-tribal agreements between the Hopi Tribe and the Navajo Nation to manage and protect groundwater resources shared by the tribes, highlighting principles of sustainability. Most importantly, this settlement provides a way for Hopi to fulfill its covenant with Maasaw: to live as stewards of Hopitutskwa. The settlement agreement must still be approved by the United States Congress. But today marks the first step toward a future where the tribes of northeastern Arizona have the opportunity to prosper and every drop of water is cherished.
