City Approves Settlement Agreement with Area Indigenous Nations and Tribes Over Regional Water Right

On Tuesday, July 2, the Flagstaff City Council passed a resolution to approve the Northeastern Arizona Indian Water Rights Settlement Act of 2024. This historic agreement ends years of costly and protracted litigation over surface water and groundwater rights claims by the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, and the United States. The parties to the Settlement Agreement confirm certain water rights of the City of Flagstaff and other towns and communities, the Salt River Project, the Central Arizona Water Conservation District, Arizona Public Service, various irrigation districts, ranching operations and other parties.

The Settlement Agreement is circulating through 39 parties for approval and has already been approved by the Councils of the Indigenous Nations and Tribes involved. It will then be brought before the United States Congress for approval and funding of Tribal water supply projects. In a letter of support for the proposed settlement legislation, Mayor Becky Daggett emphasized "a critical need for regional water supply projects in northeastern Arizona, not only for the Navajo Nation, the Hopi Tribe and the San Juan Southern Paiute Tribe, but also for the City of Flagstaff."

Related to the Resolution is the City's Red Gap Ranch Regional Water Pipeline Project, which is still in a pre-planning phase. The Settlement Agreement would allow the Navajo Nation and Hopi Tribe, in coordination with Arizona's Department of Water Resources, Department of Transportation, and State Land Department, to access water and energy resources provided by the future project. The Resolution directs city staff to seek funding for the project through cost-sharing initiatives, including federal programs.

For questions about the Settlement Agreement, please contact Sterling Solomon, City Attorney, at [email protected].