Yavapai-Apache Nation Water Rights Settlement Act of 2025
- Bill Number
- H.R. 6931
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Native Americans
- Status
- Introduced
- Latest Action
- 2025-12-26: Referred to the House Committee on Natural Resources.
- Last Updated
- 2026-03-24T01:37:25Z
AI-Generated Summary
Purpose
The Yavapai-Apache Nation Water Rights Settlement Act of 2025 aims to fully and finally resolve all water rights claims (including related damage claims) of the Yavapai-Apache Nation and the United States (as trustee for the Nation) in Arizona, particularly in the Verde River Watershed and involving Colorado River water. It ratifies a settlement agreement dated June 26, 2024, authorizes the Secretary of the Interior to execute it, appropriates funds for implementation, and recognizes the cultural, traditional, and religious importance of the Verde River to the Nation while protecting its flows on the Nation's reservation.
Key Provisions
- Ratification of Settlement Agreement: The act authorizes, ratifies, and confirms the Yavapai-Apache Nation Water Rights Settlement Agreement (and consistent amendments), requiring the Secretary to execute it. Environmental compliance (e.g., under the Endangered Species Act and National Environmental Policy Act) is mandated, with costs covered by project funds.
- Water Rights Confirmation: The Nation's specified water rights (e.g., surface water, groundwater, Central Arizona Project (CAP) water, and instream flows) are confirmed as valid and held in trust by the United States. These rights cannot be lost through non-use or abandonment and are limited to use on the Nation's lands (with exceptions for effluent, CAP water, and state-approved exchanges). Off-reservation use is restricted except in limited cases.
- Tu nl[[nichoh Water Infrastructure Project: Authorizes the Secretary (through the Bureau of Reclamation) to plan, design, and construct a project including:
- Cragin-Verde Pipeline Project: A pipeline from C.C. Cragin Dam and Reservoir to deliver up to 6,836.92 acre-feet per year (AFY) to the Nation (plus up to 1,912.18 AFY for Yavapai County users), integrated into the Salt River Federal Reclamation Project. Title vests in the U.S.; operation and maintenance (O&M) shifts to the Salt River Project (SRP) upon completion, with costs borne by beneficiaries.
- YAN Drinking Water System Project: A treatment and distribution system capable of handling up to 2.25 million gallons per day (expandable to 4.75 million with cost-sharing), with title transferring to the Nation upon completion. The Nation assumes O&M responsibilities thereafter.
- Land withdrawal and reservation for project needs on National Forest System lands.
- Funding Mechanisms:
- Tu nl[[nichoh Water Infrastructure Project Fund: A non-trust account with sub-accounts for the pipeline ($731 million) and drinking water system ($152 million), adjusted for cost fluctuations. Funds support construction, environmental compliance, and reimbursements to SRP; excess funds transfer to the Trust Fund.
- Yavapai-Apache Nation Water Settlement Trust Fund: A trust with sub-accounts for implementation ($300,000), water projects ($58 million), wastewater projects ($31 million), O&M ($66 million), and watershed restoration ($700,000). The Nation can withdraw funds via approved plans for specified uses (e.g., infrastructure, debt repayment); no per capita distributions allowed.
- Monitoring and Other Infrastructure: Requires the U.S. Geological Survey to maintain a gaging station on the Verde River to monitor instream flows. Authorizes CAP water delivery contracts for the Nation (up to specified amounts, non-reimbursable construction costs, leasable within Arizona counties but not permanently alienable).
- Waivers, Releases, and Retentions of Claims: The Nation and U.S. (as trustee) waive past, present, and future water rights claims and injuries against the State, other users, and the U.S., effective on the enforceability date. Retentions include rights to enforce the agreement, challenge other tribes' claims, and sue for post-settlement injuries from certain new diversions (e.g., unpermitted surface water or specific new wells). The U.S. waives claims against the Nation for on-reservation uses.
- Satisfaction of Claims and Land Provisions: Benefits under the act fully satisfy waived claims. Adds specific parcels (e.g., Otter Waters, Cemetery Property) to trust status for the Nation's reservation, subject to existing rights. Does not affect individual members' off-reservation water rights or the Dinah Hood Allotment's separate claims.
- Enforceability and Administration: The agreement becomes enforceable upon Federal Register notice meeting conditions (e.g., fund deposits, court approvals, contracts by December 31, 2029, or later if extended). If unmet by June 30, 2035, the act repeals (except land provisions). Includes limited sovereign immunity waivers for enforcement actions and exempts benefits from reclamation pricing laws.
Significant Changes to Existing Law
- Amends the Gila River Indian Community Water Rights Settlement Act of 2004 to rename "Blue Ridge Reservoir" as "C.C. Cragin Dam and Reservoir" and authorize up to 1,639.74 AFY from it for Yavapai County municipal uses (without cost to the Salt River Project), contingent on contracts by December 31, 2029.
- Establishes new, quantified water rights in trust, overriding prior uncertainties from ongoing adjudications (e.g., Gila River Adjudication Proceedings).
- Authorizes non-reimbursable federal funding and infrastructure not previously allocated, shifting O&M burdens post-construction.
- Introduces permanent waivers of claims, altering potential litigation outcomes in state water courts.
Potential Impacts
- Government Agencies: The Bureau of Reclamation and U.S. Geological Survey gain responsibilities for construction, funding management ($1.04 billion total, mandatory from Treasury), and monitoring, with costs for environmental reviews and O&M during construction. The Department of the Interior must hold new water rights and lands in trust, fulfilling federal trust obligations. Repeal risk by 2035 could void actions and revert funds.
- Citizens and Tribes: The Yavapai-Apache Nation (about 2,500 members) secures a reliable water supply (e.g., 2,910 AFY from Cragin Reservoir, CAP allocations), enabling infrastructure for drinking water, wastewater, and watershed restoration, potentially improving health, economy, and cultural preservation. Yavapai County residents may access additional water (up to 1,912 AFY pipeline capacity, 1,640 AFY from reservoir), benefiting municipal users. Other Verde River water users gain claim certainty, reducing litigation risks, but face restrictions on new diversions to protect Nation's flows.
- International Relations: No direct impacts, as the act addresses domestic water resources in Arizona without involving cross-border allocations.
Main Stakeholders Affected
- Yavapai-Apache Nation: Primary beneficiary, gaining quantified water rights, infrastructure, trust lands, and funding for projects; must assume O&M and execute waivers.
- United States Government: As trustee, funds and builds projects; waives claims and assumes construction liabilities.
- State of Arizona (and Agencies): Dept. of Water Resources approves transfers; state courts (e.g., Gila River Adjudication Court) incorporate the settlement; gains resolution of tribal claims affecting state water management.
- Salt River Project (SRP): Operates pipeline post-construction; provides water storage without cost but receives reimbursements.
- Local Entities: Yavapai County water users, Town of Camp Verde, and Town of Clarkdale benefit from shared infrastructure and agreements; Forest Service transfers land for public safety.
- Other Water Users: Farmers, municipalities, and tribes in the Verde River Watershed (e.g., Gila River Indian Community indirectly via amendment) face resolved claims but potential limits on future pumping/diversions.
Notable Legal, Constitutional, or Political Implications
- Legal: Provides finality to water claims via waivers, reducing future litigation in state adjudications (e.g., Verde River Decree); limited sovereign immunity waiver enables targeted enforcement suits without broad damages, subject to Administrative Procedure Act review. Water rights are protected from forfeiture, aligning with federal Indian water law precedents (e.g., Winters doctrine implied rights).
- Constitutional: Fulfills U.S. trust responsibility to tribes by quantifying rights and providing infrastructure/funding, potentially avoiding equal protection challenges in water allocation. No per capita distributions avoid issues under federal restrictions on tribal trust funds.
- Political: Promotes tribal self-determination through trust land expansions and self-managed funds; resolves long-standing disputes in water-scarce Arizona, fostering cooperation among tribes, state, and federal entities. The 2035 repeal deadline adds urgency, potentially influencing congressional funding priorities for similar settlements.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-12-26: Referred to the House Committee on Natural Resources.
- 2025-12-26: Introduced in House
- 2025-12-26: Introduced in House
Bill Versions
- Yavapai-Apache Nation Water Rights Settlement Act of 2025 — issued 2025-12-26 — PDF (111 pages)