H.R. 2025
Northeastern Arizona Indian Water Rights Settlement Act of 2025
Official summary
Written by the Congressional Research Service.
Northeastern Arizona Indian Water Rights Settlement Act of 2025
This bill recognizes and settles certain water rights claims in Arizona of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe. It also provides funding for a water pipeline and three settlement trust funds.
Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the tribes, the United States, Arizona, and others, thus satisfying claims to water rights in Arizona (including with respect to the Little Colorado River and the Colorado River).
Additionally, the bill outlines the water rights of the tribes. For example, the bill allocates and assigns Colorado River water from Arizona's share to the Navajo Nation and the Hopi Tribe.
The bill establishes and provides funding for an implementation fund account for the Bureau of Reclamation to plan, design, and construct a pipeline to deliver water to the tribes.
Further, the bill establishes and provides funding for the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Tribe Water Settlement Trust Fund.
The bill also establishes a reservation consisting of approximately 5,400 acres of land in Arizona and Utah for the San Juan Southern Paiute Tribe by ratifying and confirming the treaty entered into by the Navajo Nation and the San Juan Southern Paiute Tribe.
The bill outlines waivers, releases, and retention of claims by the tribes and the United States under the settlement agreement.
Text of the bill
(a) Limited waiver by the navajo nation and the united states acting as trustee for the navajo nation and navajo allottees
(1) In general. The Navajo Nation, and the United States acting as trustee for the Navajo Nation and Navajo Allottees, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Navajo Nation and the United States to sovereign immunity from any such action is waived.
(2) Navajo nation consent. By resolution No. CMY–26–24 and dated May 24, 2024, the Navajo Nation Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the Navajo Nation Code or any other Navajo Nation law.
(3) Circumstances described. A circumstance referred to in paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement—
(i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, as a party in that action; and
(iii) does not include any request for award against the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, for money damages, court costs, or attorney fees.
(B) Any landowner or water user in the LCR Watershed or the Gila River Watershed—
(i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I) paragraph 13 of the Settlement Agreement;
(II) the LCR Decree or the Gila River Adjudication Decree; or
(III) section 14;
(ii) names the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, as a party in that action; and
(iii) does not include any request for award against the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, for money damages, court costs or attorney fees.
(b) Limited waiver by the hopi tribe and the united states acting as trustee for the hopi tribe and hopi allotees
(1) In general. The Hopi Tribe, and the United States acting as trustee for the Hopi Tribe and Hopi Allottees, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Hopi Tribe and the United States to sovereign immunity from any such action is waived.
(2) Hopi tribe consent. By resolution No. H–035–2024 and dated May 20, 2024, the Hopi Tribal Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the Hopi Tribal Code or any other Hopi Tribe law.
(3) Circumstances described. A circumstance referred to in paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement—
(i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the Hopi Tribe or the United States, acting as trustee for the Hopi Tribe or Hopi Allottees, as a party in that action; and
(iii) does not include any request for award against the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, for money damages, court costs, or attorney fees.
(B) Any landowner or water user in the LCR Watershed—
(i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I) paragraph 13 of the Settlement Agreement;
(II) the LCR Decree; or
(III) section 14;
(ii) names the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, as a party in that action; and
(iii) does not include any request for award against the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, for money damages, court costs, or attorney fees.
(c) Limited waiver by the san juan southern paiute tribe and the united states acting as trustee for the san juan southern paiute tribe
(1) In general. The San Juan Southern Paiute Tribe and the United States acting as trustee for the San Juan Southern Paiute Tribe may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the San Juan Southern Paiute Tribe and the United States to sovereign immunity from any such action is waived.
(2) San juan southern paiute tribe consent. By resolution No. 2024–040, dated May 23, 2024, the San Juan Southern Paiute Tribal Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the San Juan Southern Paiute Tribal Code or any other San Juan Southern Paiute Tribal law.
(3) Circumstances described. A circumstance referred to in paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement—
(i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the San Juan Southern Paiute Tribe or the United States acting as trustee for the San Juan Southern Paiute Tribe as a party in that action; and
(iii) does not include any request for award against the San Juan Southern Paiute Tribe, or the United States acting as trustee for the San Juan Southern Paiute Tribe, for money damages, court costs, or attorney fees.
(B) Any landowner or water user in the LCR Watershed—
(i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I) paragraph 13 of the Settlement Agreement;
(II) the LCR Decree; or
(III) section 14;
(ii) names the San Juan Southern Paiute Tribe or the United States acting as trustee for the San Juan Southern Paiute Tribe as a party in that action; and
(iii) does not include any request for award against the San Juan Southern Paiute Tribe, or the United States acting as trustee for the San Juan Southern Paiute Tribe, for money damages, court costs, or attorney fees.