Yavapai-Apache Nation Water Rights Settlement Act of 2025
- Sponsor
- Rep. Crane, Elijah [R-AZ-2]
- Committees
- Natural Resources Committee (primary)
- Last action
- Dec 26, 2025
Bottom line
The bill provides the Yavapai-Apache Nation with quantified water rights and substantial federal resources for water infrastructure and management, aiming to resolve long-standing water disputes in Arizona.
What it actually does
This bill ratifies a comprehensive water rights settlement agreement between the Yavapai-Apache Nation, the State of Arizona, and the United States, resolving all past, present, and future water claims for the Nation's lands. It authorizes significant federal funding for the construction of two major water infrastructure projects: the Cragin-Verde Pipeline Project and the Yavapai-Apache Nation Drinking Water System Project. Additionally, it establishes federal trust funds for the Nation's water-related projects and operations, and specifies the terms for the Nation's entitlement to Central Arizona Project (CAP) water.
Proponents argue
Proponents argue that this settlement provides long-overdue water security for the Yavapai-Apache Nation, fulfilling the federal government's trust responsibility and enabling economic development and public health improvements on tribal lands. They emphasize that it resolves complex and costly litigation, bringing certainty to water users across the Verde River Watershed and the State of Arizona, while also recognizing the cultural significance of the Verde River to the Nation.
Opponents contend
While specific organized opposition is not detailed in the bill text, potential critics might raise concerns about the substantial federal financial commitment, particularly given the provisions for cost fluctuations. Others might scrutinize the impact on existing water users or the environmental implications for the Verde River, despite the bill's stated protections and retention of certain claims by the Nation.
This bill is moderately long and highly technical, requiring a significant time investment to understand its numerous definitions, conditions, and cross-references. A casual reader would struggle to grasp its full implications without dedicated study.
Sec. 4
Ratification of Yavapai-Apache Nation Water Rights Settlement Agreement
This section formally approves and confirms the Yavapai-Apache Nation Water Rights Settlement Agreement, including any necessary amendments to align it with this Act. It directs the Secretary of the Interior to execute the Agreement and fulfill its obligations, while also mandating compliance with federal environmental laws during implementation. The execution of the Agreement itself is not considered a major federal action for environmental review purposes.
Supporters argue
Supporters argue that ratifying the Agreement is essential to bring legal finality to decades of water rights disputes, providing a stable framework for water management and economic development for the Nation and the region.
Critics contend
No specific opposition is typically raised against the formal ratification of a negotiated settlement agreement itself, assuming the terms are acceptable. Concerns, if any, would focus on the underlying terms of the agreement rather than its ratification.
Tradeoffs
The main tension is balancing the need for comprehensive settlement with the detailed requirements of federal environmental compliance, which can sometimes lead to delays or increased costs.
Sec. 5
Confirmation of Water Rights and Trust Status
This provision confirms the Yavapai-Apache Nation's water rights as described in the Agreement and declares them valid. It mandates that the United States hold these rights in trust for the Nation, including rights to Verde River Water, CAP Water, and any future acquired water rights. The section also specifies limitations on off-reservation use (except for effluent and CAP water) and protects these rights from loss due to non-use, forfeiture, or abandonment.
Sec. 6
Authorization of Tu nl[[nichoh Water Infrastructure Project
This section authorizes the Secretary of the Interior to plan, design, and construct the 'Tu nl[[nichoh Water Infrastructure Project,' which includes two main components: the Cragin-Verde Pipeline Project and the Yavapai-Apache Nation Drinking Water System Project. The Cragin-Verde Pipeline will deliver water from the C.C. Cragin Dam and Reservoir to the Nation and other beneficiaries, with its title held by the U.S. and O&M by SRP. The YAN Drinking Water System will treat and distribute this water on the Reservation, with title transferring to the Nation upon completion.
Sec. 8
Establishment of Yavapai-Apache Nation Water Settlement Trust Fund
This section establishes a federal trust fund for the Yavapai-Apache Nation, managed by the Secretary of the Interior, with five distinct accounts: Water Settlement Implementation, Water Projects, Wastewater Projects, OM&R, and Watershed Rehabilitation and Restoration. These funds, along with investment earnings, are available to the Nation after the Enforceability Date for specific water-related purposes, including planning, infrastructure development, wastewater management, operation and maintenance, and environmental restoration. The Nation can withdraw funds via approved tribal management or expenditure plans, and no per capita distributions are allowed.
Sec. 11
Waivers, Releases, and Retentions of Claims
This section details the extensive waivers and releases of water rights claims by the Yavapai-Apache Nation (on behalf of itself and its members, excluding allottees) and the United States (as trustee for the Nation) against the State of Arizona, other entities, and the United States. These waivers cover all past, present, and future claims for water rights and injury to water rights for YAN Land. Crucially, it also specifies a list of claims that are *retained*, allowing the Nation to pursue certain actions, such as enforcing rights under the Agreement or challenging new off-reservation diversions under specific conditions.
Sec. 14
Yavapai-Apache Nation CAP Water Entitlements
This section outlines the Yavapai-Apache Nation's entitlement to Central Arizona Project (CAP) Water. It directs the Secretary to enter into a permanent, unlimited-term Amended CAP Water Delivery Contract with the Nation. This contract allows the Nation to use, store, lease, or exchange its CAP Water within specified Arizona counties, with the Nation receiving all consideration from such arrangements. It also clarifies that CAP construction costs allocated to the Nation are nonreimbursable, and details how CAP Fixed OM&R and Pumping Energy Charges will be paid, with lessees responsible for charges on leased water.
Sec. 15
Enforceability Date Conditions
This section establishes a series of critical conditions that must be met before the entire Agreement and Act become fully enforceable. These conditions include the revision and execution of the Agreement to conform to this Act, the execution of all waivers and releases, the full deposit of mandated federal funds into the Project and Trust Funds, conditional approvals from the Arizona Department of Water Resources, specific judgments from the Gila River Adjudication Court, a final record of decision for the infrastructure project, and the execution of inter-party agreements with local towns. If these conditions are not met by June 30, 2035 (or a later agreed-upon date), the Act is repealed, and appropriated funds revert to the Treasury, with the exception of land taken into trust.
These subsections detail specific, highly technical conditions under which the Yavapai-Apache Nation *retains* the right to assert claims for injury to water rights arising after the Enforceability Date from off-reservation well diversions. These retained claims apply only if the water is determined to be Surface Water by the Gila River Adjudication Court, the well is located within a specific part of the Verde River Watershed, was constructed after the Effective Date, and does not fall under numerous exceptions (e.g., replacement wells, domestic use, stock watering, certain municipal uses with water efficiency requirements).
Sec. 11(a)(3)(G) and 11(b)(3)(G)
Why it matters:The complexity is likely due to the need for precise legal drafting to protect the Nation's interests against specific types of future water impacts while not undermining the broader settlement's certainty for other users. It reflects a highly negotiated compromise on future groundwater pumping in the Verde River Watershed.
Case for: Supporters argue this provision is a vital safeguard for the Nation, ensuring that while broad claims are waived, the Nation retains the ability to protect its water resources from new, potentially harmful off-reservation diversions that could impact the Verde River's flow, especially given the arid climate and interconnected surface/groundwater systems.
Case against: Critics might contend that the intricate nature of these retained claims, with their numerous conditions and exceptions, could lead to future disputes and litigation, potentially undermining the goal of comprehensive water rights finality for the region. The burden of proof and interpretation could be significant.
Estimated impact: This provision could have a significant impact on future groundwater development and municipal water planning in the Verde River Watershed, potentially influencing construction practices and water conservation efforts for new developments served by wells.
This subsection amends Section 213(i)(3) of the Gila River Indian Community Water Rights Settlement Act of 2004 to make an additional 1,639.74 acre-feet of water per year available from the C.C. Cragin Reservoir for municipal and domestic uses in Yavapai County, Arizona. This water is provided without cost to the Salt River Federal Reclamation Project, contingent on Yavapai County water users contracting for its use by December 31, 2029.
Sec. 17(a)
Why it matters:This is likely a legislative 'rider' or a related provision included to broaden support for the bill by providing benefits to other stakeholders in the region, using the same infrastructure being authorized for the Yavapai-Apache Nation. Its placement in 'Miscellaneous' and as an amendment to another act makes it less visible.
Case for: Supporters argue this provision is a pragmatic way to maximize the benefits of the Cragin-Verde Pipeline infrastructure by providing additional water resources to other communities in Yavapai County, addressing regional water scarcity, and potentially building broader political support for the overall settlement.
Case against: Critics might argue that adding provisions benefiting other entities to a tribal water rights settlement dilutes the primary purpose of the bill or could be seen as a 'sweetener' to secure votes. There could also be concerns about the allocation of water from the Cragin Reservoir and its long-term sustainability.
Estimated impact: This provision could significantly augment the water supply for municipal and domestic uses in parts of Yavapai County, potentially supporting growth and development in those areas, provided the contracts are secured by the deadline.