TSAILE, Ariz. – From Diné youth to elders, tó (water) defines the Navajo Nation and its people.
U.S. Supreme Court Justice Neil Gorsuch wrote in Arizona vs Navajo Nation, a 2023 U.S. Supreme Court case, that pursuant to the Treaty of 1868, the Navajo people would have a permanent home where they could farm and have animals, but that they needed water.
However, Frederick Liu, representing the federal parties arguing against the Navajo Nation, simply said, “No,” to Gorsuch’s statement in March 2023. The Supreme Court’s ultimate decision confirmed Liu’s argument, but to Navajo Nation President Buu Nygren, that wasn’t a loss.
President Nygren saw this decision as a step forward to truly gain access to water for Diné.
Since March 2023, President Nygren has sat before the Senate and House of Representatives multiple times testifying in support of several pending pieces of legislation, specifically concerning three Indian water rights settlements, one of which has been passed but is needing extra funding and is now back in front of Congress for approval: the Northeastern Arizona Indian Water Rights Settlement Act, the Navajo-Gallup Water Supply Project, and the Navajo Nation Rio San Jose Stream System Water Rights Settlement Agreement in New Mexico.
“It’s in our hands to quantify our own water,” said President Nygren. “Only we know what we need, only we know the struggles of living without water, so why don’t we create the plan to save our water.”
Alongside President Nygren in securing access to safe and clean drinking water are the Navajo Nation Department of Justice (NNDOJ), 25th Navajo Nation Council, Navajo Nation Water Resources (NNWR), and Navajo Nation Water Rights Commission (NNWRC).
Starting on November 13, Crystal Tulley-Cordova and Robert Kirk, both Principal Hydrologists at NNWRC, along with Dwight Witherspoon, an attorney in the NNDOJ Water Rights Unit, launched their informational series, “Preserving Dinetah,” focusing on the current water rights related legislation pending before the Senate.
To help aid community members to understand each piece of settlement related document that actually culminates to a 140-page document, on November 18, the trio continued their outreach efforts with a presentation at San Juan College. During the session, they distributed documents that provided an overview of the history of Navajo Nation water rights, summaries of the ongoing settlements, the approval process the Nation must navigate, and the progress made so far toward securing vital water resources.
The Navajo-Gallup Water Supply Project (NGWSP) was authorized by Congress in 2009 through Public Law 111-11 which also approved the Navajo Nation’s water rights settlement with the State of New Mexico to the San Juan River Basin. Over the next 15 years, the project faced a challenge that resulted in needing a deadline extension for securing funding for the completion of the construction of the NGWSP. The deadline extension and increase of funding was facilitated by the Bureau of Reclamation (BOR) and the New Mexico Interstate Stream Commission. In September 2023, Secretary of the Interior Deb Haaland signed a formal extension, amending the project’s completion date to December 31, 2029.
In 2019, the BOR began exploring how the San Juan Generating Station’s water conveyance system could support the NGWSP. This investigation led to collaboration between the New Mexico Interstate Stream Commission (ISC) and the Navajo Nation Department of Water Resources (DWR), culminating in the transfer of the now named Frank Chee Willeto Reservoir to the United States for use as part of the NGWSP. This additional reservoir serves the project well and led to the need for an extension of the deadline for completing construction of the NGWSP.
As part of their informational outreach, the Water Rights Commission distributed materials to attendees, outlining what steps the community needs to take next.
A key action for supporting the NGWSP is to contact a local congressperson or senator and urge them to support S. 1898 and H.R. 3977.
The Northeastern Arizona Indian Water Rights Settlement follows a pivotal decision by the U.S. Supreme Court in March 2023. This settlement marks a significant step in the Navajo Nation taking the lead in securing its water rights in Arizona.
The settlement involves water from several key sources: the Upper and Lower Basins of the Colorado River, the Little Colorado River Basin, the Gila River Basin, and groundwater.
Under the settlement, the Navajo Nation is entitled to 44,700 acre-feet per year (AFY) of water from the Upper Basin of the Colorado River and 3,600 AFY of water from the Lower Basin of the Colorado River after quantification.
The settlement also affirms that, in the Little Colorado River basin, the Nation will have rights to all the water that reaches the reservation, as well as joint management of the upper reaches of the stream with the Hopi Tribe. Groundwater rights include all water from the Coconino Aquifer, and the Navajo Aquifer with a limit of 8,400 AFY, and a management agreement with the Hopi Tribe.
Beyond securing water rights, the settlement also secures essential resources to build and power the necessary infrastructure. A total of $5 billion will be appropriate in order to build nine major water delivery projects, including the iina ba-paa tuwaqatsi Pipeline, the Southwest Navajo Regional Project, the Ganado Area Project, the Code Talker Lateral, the Black Mesa Project, the Four Corners Project, the Kayenta Area Project, the Lupton Area Project, and various Local Groundwater Projects. Additionally, funds will also be dedicated to powering the nine water delivery infrastructures.
The next step for the community is to contact their congressperson and senator to support S. 4633 and H.R. 8940.
Lastly, the Navajo Nation Rio San Jose Stream System Water Rights Settlement Agreement in New Mexico (RSJSSWRSA) would appropriate $200.271 million for a RSJSSWRSA trust fund that would be used for water infrastructure development, proper water supplies, management and administration, watershed protection and enhancement, agriculture support, water-related projects for the community and economic development, and cost of settlement implementation.
This would also quantify water rights for the Navajo Nation in the Rio San Jose Stream System and Rio Puerco Basin while NOT impacting allottee water rights.
“Nizhoni is what I can say to you guys, I’ve listened to what you guys are saying, I’ve seen this problem since I was a kid and I’ve seen people moving off the reservation, they don’t want to go back,” said Wayne Lee of Shiprock, N.M. “I’m one of those– Gah lee, it’s so much cheaper to live in Farmington.”
All three settlements aim to secure water for the Navajo Nation and bring Navajo people back to the reservation.
According to the Navajo Epidemiology Center in a 2020 census, there were 423,412 people who claimed to be Navajo or part Navajo within the United States and half of those individuals make up the population on the reservation.
During the boom of boarding schools and uranium mining on the reservation, the Nation was deprived of its people and minerals. When the younger generations were away at boarding schools, many found opportunities off the reservation like jobs, better education, better economy and access to healthcare.
While uranium mining was stopped in 1986 and the education of the nation shifted toward western public education, the economy on the reservation remained behind the economy of the United States which further persuaded Dine to leave home.
Securing housing and a good paying job, safe drinking water at a cheaper cost, groceries at reasonable prices, and quality education, were all reasons many Díné like Lee left the reservation.
However, President Nygren took office wanting to bring Dine home where the Nation has potential to be an even greater example of being a sovereign nation. A part of that mission is securing water access for those who do not have it and ensuring the cost of living is affordable.
Tulley-Cordova explained, “We’re trying to educate the public about the infrastructure projects and help secure and sustain our water future, not just for the generations that are current but the generations that are yet to come.”
At a second “Preserving Dinétah” event, Tulley-Cordova, Kirk, and Witherspoon presented in Tsaile, Arizona, at Diné College.
Amidst the audience was a returning Diné College student, Ashleigh Chee.
“I feel that water is very important to our life and our placement here because it’s key to everything,” said Chee. “It’s key to what we eat, it’s key to what we drink everyday, especially with our agricultural fields.”
Chee grew up without running water in the Tsaile/Wheatfields area and when her family finally received access to running water, her grandparents had passed on.
In high school, Chee moved away from home and into the dormitories and now as a student at Dine College, continues to stay in a dormitory where she benefits from immediate access to water.
The three water settlements run through areas that would aid hundreds of Diné homes.
With the potential of returning water to the reservation, there’s the potential of younger generations returning home.
“Living without water definitely builds grit, you learn to respect it a lot more,” said Chee. “Having water brings relief. It allows you to wash yourself and it allows you to drink and remain hydrated and to remain healthy, it’s vital in our everyday tasks.”
The 118th Congress has just several days before the holidays leading up to adjournment on Jan. 3, 2025. President Nygren keeps his hopes high but also prepares to continue advocating for water rights.
“I know the 118th Congress will adjourn, but if these are not enacted, we will do what we can to continue pushing for this in the 119th Congress,” said President Nygren. “Until we have running safe drinking water, the fight for water will continue in each Congress.”
