ARIZONA — Colorado, New Mexico, Utah, and Wyoming are opposing the codification of the Northeastern Arizona Indian Water Rights Settlement Act by Congress. Utah and Wyoming negotiators sent a letter to the Senate Committee on Indian Affairs in March stating they have unresolved concerns with the legislation. New Mexico and Colorado sent similar letters to the committee.

The settlement involves the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe. Congress and the White House have declined to approve the settlement until all parties reach an agreement. An estimated one-third of homes in northern Arizona Native American communities lack running water. The Supreme Court ruled 118 years ago that the federal government owes tribes water.

The proposed legislation would provide approximately $5 billion in federal funding to build water infrastructure and create a reservation for the San Juan Southern Paiute. To cover infrastructure costs beyond federal contributions, the Navajo and Hopi plan to lease some of their water rights, likely to municipalities near Phoenix. The tribes made concessions on the volume of water and the duration of leasing to address concerns from Upper Basin states. They also offered to keep some of their water in a drought-affected reservoir to help maintain downstream flow.

Upper Basin states contend that rules governing the Colorado River grant them veto power over the settlement if water crosses the basin dividing line. The line separating the river's upper and lower basins runs through northeastern Arizona, bisecting the Navajo reservation. It remains an open legal question whether approval from all seven Colorado River states is necessary for the settlement.

Becky Mitchell, Colorado's lead river negotiator, submitted a letter to Congress stating that the settlement's leasing provisions violate laws governing the river. She wrote that Colorado was concerned about the implications of water sales across the basin for the security of its share of the river. Heather Tanana, an assistant professor at the University of Denver's law school and a citizen of the Navajo Nation, discussed the Upper Basin's position. She said the Upper Basin is attempting to adhere to traditional river management instead of addressing the tribes' need for water. "It's a fundamental human rights issue," Tanana said.

Marilyn Tewa, a member of the Hopi Tribal Council, resides in Mishongnovi, a village without indoor plumbing on the Hopi tribe's northern Arizona reservation. She drives five miles to a windmill originally built for livestock to collect untreated water in five-gallon buckets. "That's what keeps us alive," Tewa said. Tewa expressed her hope for the settlement's passage. "That's my prayer," she said, "that we get this settlement through for all three tribes."