Yavapai-Apache Nation Water Rights Settlement Act of 2026
- Bill Number
- S. 3617
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Native Americans
- Status
- Introduced
- Latest Action
- 2026-01-13: Read twice and referred to the Committee on Indian Affairs.
- Last Updated
- 2026-03-24T01:33:02Z
AI-Generated Summary
Purpose
The Yavapai-Apache Nation Water Rights Settlement Act of 2026 aims to fully and finally resolve all water rights claims (including related damages) of the Yavapai-Apache Nation and the United States (as trustee for the Nation) in Arizona, particularly in the Verde River Watershed and Colorado River systems. It ratifies a settlement agreement dated June 26, 2024, authorizes the Secretary of the Interior to execute related obligations, appropriates funds for implementation, and recognizes the cultural, traditional, and religious significance of the Verde River (known as "Hatayakehela" or "Big River" to the Yavapai and "Tu nl[[nichoh" or "Big Water flowing" to the Apache) by protecting existing river 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. The agreement must align with the Act, and environmental compliance (e.g., under the National Environmental Policy Act and Endangered Species Act) is mandated during implementation.
- Water Rights Confirmation and Management:
- Confirms the Nation's water rights as described in the agreement, held in trust by the United States for the Nation's benefit.
- Quantifies rights including surface water, groundwater, Central Arizona Project (CAP) water (up to specified acre-feet per year, or AFY), and instream flows in the Verde River.
- Prohibits forfeiture or abandonment of these rights through non-use; limits off-reservation transfers except for effluent, CAP water, or state-law exchanges.
- Allows the Nation to acquire additional rights for after-acquired trust lands.
- Tu nl[[nichoh Water Infrastructure Project:
- Authorizes the Bureau of Reclamation to plan, design, and construct a project consisting of:
- Cragin-Verde Pipeline Project: A pipeline from C.C. Cragin Dam and Reservoir to deliver up to 6,836.92 AFY for the Nation (plus additional capacity for Yavapai County users), integrated into the Salt River Federal Reclamation Project. Title held by the U.S.; operation and maintenance (OM&R) assumed by the Salt River Project (SRP) post-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 (with potential expansion), based on a 2024 infrastructure plan. Title transfers to the Nation upon substantial completion; OM&R assumed by the Nation.
- Withdraws and reserves federal lands (e.g., National Forest System) for the pipeline.
- Establishes a non-trust fund with accounts for construction costs, funded by mandatory appropriations (adjusted for inflation).
- Funding Mechanisms:
- Tu nl[[nichoh Water Infrastructure Project Fund: $731 million for the pipeline and $152 million for the drinking water system (adjusted via Bureau of Reclamation Cost Index); $13 million available pre-enforceability for preliminary work.
- Yavapai-Apache Nation Water Settlement Trust Fund: $156 million total across accounts for implementation, water/wastewater projects, OM&R, and watershed restoration; managed by the Secretary with withdrawal options via tribal plans or expenditure plans.
- Savings from efficiencies transfer between funds or to the trust; no per capita distributions allowed.
- Gaging Station and Monitoring: Requires the U.S. Geological Survey to maintain a station on the Verde River to monitor instream flows.
- 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 of Arizona and others, effective on the enforceability date.
- The Nation waives similar claims against the U.S.; the U.S. waives claims against the Nation.
- Retains rights to enforce the agreement, challenge other tribes' claims, and pursue post-enforceability injuries from certain new diversions (e.g., unpermitted surface water or specific wells).
- No effect on health, safety, or environmental laws (e.g., Clean Water Act).
- Satisfaction of Claims and Exclusions:
- Benefits under the Act fully satisfy waived claims; does not affect individual members' rights outside Nation lands or the Dinah Hood Allotment (a specific trust allotment excluded from the settlement).
- Trust Lands Expansion: Directs the Secretary to take specified fee lands (e.g., Otter Waters, Cemetery Property) into trust for the Nation within 30 days of enactment, subject to existing rights.
- CAP Water Provisions:
- Authorizes an amended CAP water delivery contract for the Nation's entitlement (as permanent, unlimited-term service).
- Allows leasing/exchanges within specified Arizona counties (up to 100 years); prohibits permanent alienation or out-of-state use.
- Exempts Nation from CAP construction repayment and certain charges; lessees pay OM&R and energy fees.
- Enforceability and Administration:
- Effective upon Federal Register notice confirming conditions (e.g., fund deposits, state approvals, court judgments); if unmet by June 30, 2035, the Act repeals (except trust lands section), with funds reverting to Treasury.
- Provides limited waiver of sovereign immunity for enforcement actions related to the Act/agreement.
- Exempts benefits from Reclamation Reform Act acreage limits.
Significant Changes to Existing Law
- Amends Section 213(i)(3) of the Gila River Indian Community Water Rights Settlement Act of 2004 to rename "Blue Ridge Reservoir" to "C.C. Cragin Dam and Reservoir" and add availability of up to 1,639.74 AFY from it for Yavapai County municipal/domestic uses (without cost to the Salt River Project, if contracted by 2029).
- Integrates the project into the Salt River Federal Reclamation Project (under the 1902 Reclamation Act), altering federal water infrastructure management.
- Modifies CAP-related contracts and stipulations (e.g., 2007 CAP Repayment Stipulation) to include Nation's priorities and nonreimbursable costs.
- Affects ongoing Gila River Adjudication Proceedings by incorporating the Nation's judgment/decree for water rights.
Potential Impacts
- Government Agencies: The Department of the Interior (Bureau of Reclamation and USGS) gains responsibilities for construction, funding management, trust holdings, and environmental compliance, with mandatory appropriations totaling ~$883 million (adjusted). Could strain budgets if costs fluctuate; requires coordination with state courts and agencies like the Arizona Department of Water Resources.
- Citizens and Local Communities: Provides reliable water (up to ~3,000 AFY from Cragin Reservoir and CAP) to the Nation's ~3,000 members, improving drinking water and infrastructure. Benefits Yavapai County users via additional pipeline capacity (~1,912 AFY) and potential exchanges. May limit future off-reservation diversions in the Verde Watershed, affecting local farmers, municipalities (e.g., Camp Verde, Clarkdale), and SRP users.
- International Relations: No direct impact, as it focuses on domestic Colorado River apportionments under existing U.S. treaties/compacts (e.g., 1944 U.S.-Mexico Water Treaty), without altering broader allocations.
- Environmental and Watershed: Protects instream flows and enables restoration projects; requires compliance with federal environmental laws, potentially enhancing Verde River ecosystem health but involving land withdrawals from public use.
Main Stakeholders
- Yavapai-Apache Nation: Primary beneficiary; gains quantified water rights, infrastructure, trust funds, and land expansions for reservation use.
- United States Government: Acts as trustee; funds and builds projects, waives claims, and manages trusts/funds.
- State of Arizona and Local Entities: Arizona Department of Water Resources approves transfers; municipalities (e.g., Town of Camp Verde, Clarkdale) gain from agreements/exchanges; SRP operates facilities and provides water storage.
- Other Water Users: Includes CAP contractors (e.g., Central Arizona Water Conservation District), Gila River Adjudication parties, and Yavapai County residents/municipal providers, who may access additional water but face restrictions on new diversions.
- Allottees of Dinah Hood Allotment: Excluded; retain separate water claims.
Notable Legal, Constitutional, or Political Implications
- Legal: Settles claims in the Gila River Adjudication (a state court process under Arizona law), providing finality to avoid prolonged litigation; limited sovereign immunity waiver enables enforcement suits without monetary damages, balancing tribal sovereignty with accountability. Water rights are federally confirmed, protected from state forfeiture laws, and integrated into federal reclamation/CAP frameworks.
- Constitutional: Upholds trust responsibility to tribes (Article I, Treaty obligations); ensures equal protection by excluding allottees from waivers. No per capita distributions avoid potential equal protection issues.
- Political: Promotes tribal self-determination via trust fund withdrawals and infrastructure ownership transfer; fosters cooperation among federal, state, and tribal entities in arid-region water management. Could set precedent for other Indian water settlements (e.g., via CAP integrations), emphasizing cultural protections and equitable allocations amid climate-driven shortages. Repeal provision (if conditions unmet) incentivizes timely implementation but risks fiscal reversion.
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
- 2026-01-13: Read twice and referred to the Committee on Indian Affairs.
- 2026-01-13: Introduced in Senate
Bill Versions
- Yavapai-Apache Nation Water Rights Settlement Act of 2026 — issued 2026-01-13 — PDF (111 pages)