AIOversight of Indian water rights settlements and the Northeastern Arizona bill

Public Lands and Energy MarkupsSenate Indian Affairs · 2026-03-11 · 119th Congress
The Senate Committee on Indian Affairs held this hearing to examine federal policy on Indian water rights settlements and to review S. Begins at 0:19:13
Transcript
Highlights

Title

Oversight of Indian water rights settlements and the Northeastern Arizona bill

Purpose

The Senate Committee on Indian Affairs held this hearing to examine federal policy on Indian water rights settlements and to review S. 953, the Northeastern Arizona Indian Water Rights Settlement Act of 2025, which would resolve decades of litigation over the water rights of the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe. Witnesses included Interior official Scott Cameron and the three tribes' leaders, who discussed the settlement's roughly $5.1 billion cost, drinking-water access, and unresolved concerns from Upper Basin states. Begins at0:19:13

Who spoke

Chair Lisa Murkowski (R-AK)0:19:13: Opened by describing the legal basis for tribal water rights under the Winters doctrine0:19:42 and the $2.5 billion Indian Water Rights Settlement Completion Fund created in the infrastructure law0:21:35; later pressed Cameron on the federal funding gap and mechanisms to close it0:54:05.

Sen. Brian Schatz (D-HI), Vice Chairman0:24:01: Said Congress has enacted 39 Indian water rights settlements but only 25 are fully funded, with 14 more pending totaling over $12 billion0:25:42; got Cameron to confirm the settlement fund could not currently support S. 9531:04:37.

Sen. Mark Kelly (D-AZ)0:27:12: Introduced the bill sponsors and witnesses, noting roughly one in three Navajo homes lack running water0:29:10 and that the settlement is backed by more than 30 parties0:30:04.

Mr. Scott Cameron, Interior Dept. Principal Deputy Assistant Secretary for Water and Science0:33:10: Testified S. 953 covers 11.5 million acres and over 100,000 tribal members, providing $5.1 billion in mandatory funding0:35:44; said Interior has "real concerns" about the overall cost0:37:15 and later confirmed there is a "significant funding gap" for pending settlements0:54:52.

Mr. Buu Nygren, President, Navajo Nation0:38:15: Said a third of Navajo households lack running water and hauling costs families about $600/month0:39:14; argued the settlement costs about 25% less per tribal member than past settlements0:40:13 and defended the tribe's temporary water-leasing provisions0:41:31.

Mr. Lamar Keevama, Chairman, Hopi Tribe0:43:34: Described the Hopi Reservation as landlocked with extremely limited water0:44:34, noting 30% of Hopi households lack running water0:46:21 and that the settlement funds wells, pipelines, and treatment systems0:46:54.

Mr. Johnny Lehi Jr., Vice President, San Juan Southern Paiute Tribe0:48:21: Said S. 953 would ratify a 26-year-old land treaty establishing the tribe's reservation0:49:06, noting the tribe is Arizona's only federally recognized tribe without an exclusive reservation0:50:27, and that the settlement provides up to 350 acre-feet of water per year0:51:48.

Sen. Steve Daines (R-MT)1:09:43: Focused on Montana's Fort Belknap/Milk River settlement, describing the region's 12–14 inch annual rainfall and aging irrigation infrastructure1:11:43; pressed Cameron for support of the Northern Montana Water Security Act1:15:50 and on release of $120 million already appropriated for the Navajo-Gallup project1:20:37.

Key moments

Schatz established that of 39 enacted Indian water rights settlements, only 25 are fully funded, with 14 pending totaling more than $12 billion and 13 more tribes in active negotiations0:26:11.

Cameron testified the water settlement fund cannot currently support S. 953 and confirmed Interior "could not fund it" if enacted today1:04:37.

Cameron said Bureau of Reclamation reclamation dollars run about $1.5 billion a year total, making even $2 billion annually for water rights settlements from discretionary appropriations impossible0:55:26.

Nygren said Navajo households pay an average $600/month to haul water and that a third of homes lack running water0:39:14; Keevama cited 30% of Hopi households in the same situation0:46:21.

Nygren defended the settlement's leasing provision, noting Navajo is the only tribe in both the Colorado River's Upper and Lower Basins, and the tribes cut proposed leasing from 44,000 to 17,050 acre-feet per year — half the water previously used by the closed Navajo Generating Station — to address Upper Basin state concerns0:41:311:24:48.

Schatz's questioning revealed only 4 of the 39 enacted settlements included dedicated "pay-fors" in their authorizing legislation1:08:09.

Cameron confirmed litigation to date has cost the tribes "tens of millions of dollars" and imposed significant costs on nonfederal parties as well1:07:131:07:45.

Daines highlighted a $120 million appropriation for the Navajo-Gallup Water Supply Project that has not yet been transferred, and Cameron said he was unaware of any hold-up and would investigate1:20:091:20:37.

Cameron outlined possible cost-reduction options for S. 953, including reevaluating the pipeline's scope, shifting from a lump-sum payment to annual payments, or changing the scope of tribal trust funds1:02:43.

Murkowski noted the estimated $5 billion federal cost of S. 953 doubles what remains available under the infrastructure law's completion fund, while at least seven other tribal water settlements are also pending before Congress0:23:07.

Metadata

Official titleOversight hearings to examine Federal policies governing Indian water rights settlements, including S.953, to provide for the settlement of the water rights claims of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe.
CommitteeSenate Indian Affairs
Chamber / CongressSenate · 119th Congress
Date2026-03-11
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript221 caption blocks · 11,473 words · 1:44:40 runtime
EventCongress.gov 338024