Yavapai-Apache Nation Water Rights Settlement Act of 2026
- Sponsor
- Sen. Kelly, Mark [D-AZ]
- Committees
- Indian Affairs Committee (primary)
- Last action
- Jul 29, 2026
Bottom line
This bill provides a comprehensive and final settlement of the Yavapai-Apache Nation's water rights, ensuring long-term water security and infrastructure development while resolving historical claims and benefiting regional water management.
What it actually does
This bill ratifies and implements the Yavapai-Apache Nation Water Rights Settlement Agreement of 2024, resolving all water rights claims for the Nation and its members in Arizona. It authorizes the construction of the Tu nl[[nichoh Water Infrastructure Project, including a pipeline from the C.C. Cragin Dam and Reservoir and a drinking water system for the Nation, and establishes trust funds for water-related projects and operations. It also transfers specific lands into trust for the Nation and makes additional water available to Yavapai County.
Proponents argue
Proponents argue that the bill provides a just and final resolution to long-standing water rights disputes, fostering tribal self-determination and economic development for the Yavapai-Apache Nation. It ensures a reliable water supply for the Nation and other beneficiaries in the Verde Valley, while also protecting the Verde River's ecological and cultural value. The settlement avoids costly and protracted litigation, offering certainty to all water users in Arizona.
Opponents contend
Opponents might raise concerns about the significant federal financial commitment, the potential for increased water demands in the region, or the specific terms of water allocation and exchanges. Some might argue about the impact on existing water users or the environmental implications of new infrastructure, though the bill includes environmental compliance requirements.
The bill is lengthy and contains extensive technical definitions and legal provisions, requiring significant time to fully comprehend the implications of the settlement.
Sec. 4
Ratification of Settlement Agreement
This section formally approves the Yavapai-Apache Nation Water Rights Settlement Agreement, dated June 26, 2024, making it legally binding. It also directs the Secretary of the Interior to execute the agreement and perform all duties outlined within it, ensuring federal commitment to the settlement terms and requiring compliance with federal environmental laws during implementation.
Supporters argue
Supporters argue that ratifying the agreement provides a crucial legal framework for resolving complex water rights issues, bringing an end to decades of uncertainty and potential litigation for all parties involved.
Critics contend
No specific opposition is typically raised against the ratification of a negotiated settlement agreement itself, though underlying terms might be debated.
Tradeoffs
Balances the need for legal finality with the detailed implementation requirements and environmental compliance obligations.
Sec. 5
Confirmation of Yavapai-Apache Nation Water Rights
This section confirms and ratifies the water rights of the Yavapai-Apache Nation as described in the Agreement, holding them in trust by the United States. It specifies that these rights are not subject to loss through non-use, forfeiture, or abandonment, and outlines conditions for off-reservation use and future acquisitions of water rights. The Nation's right to divert, use, and store YAN CAP Water is also affirmed.
Sec. 6
Authorization and Construction of Water Infrastructure
This section authorizes the Secretary of the Interior to plan, design, and construct the Tu nl[[nichoh Water Infrastructure Project. This project includes the Cragin-Verde Pipeline Project, which will deliver water from the C.C. Cragin Dam and Reservoir, and the YAN Drinking Water System Project, which will treat and distribute this water within the Yavapai-Apache Nation. It details the capacity, ownership, and operation responsibilities for both components, with SRP assuming O&M for the pipeline.
Sec. 7
Establishment and Use of Infrastructure Project Fund
This section establishes a non-trust, interest-bearing fund, the Tu nl[[nichoh Water Infrastructure Project Fund, with two accounts: the Cragin-Verde Pipeline Account and the YAN Drinking Water System Account. It specifies that appropriated funds will be deposited into these accounts to cover the costs of planning, design, construction, and environmental compliance for the respective infrastructure projects, as well as to reimburse SRP for certain costs. Funds remaining after project completion are transferred to the Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 8
Establishment and Management of Tribal Trust Fund
This section establishes the Yavapai-Apache Nation Water Settlement Trust Fund, managed by the Secretary of the Interior, with several specific accounts for implementation, water projects, wastewater projects, OM&R, and watershed rehabilitation. It outlines how the funds will be managed, invested, and distributed to the Nation, including provisions for tribal management plans and expenditure plans, and explicitly prohibits per capita distributions to members.
Sec. 11
Comprehensive Waiver and Retention of Water Rights Claims
This section details the extensive waivers and releases of past, present, and future water rights claims by the Yavapai-Apache Nation and the United States (as trustee) against the State of Arizona and other entities, and against the United States itself. Crucially, it also specifies a list of retained claims, ensuring the Nation can still pursue certain actions, particularly regarding future injuries to water rights from new off-reservation diversions under specific conditions.
Sec. 13(b)
Land To Be Taken Into Trust
This section directs the Secretary of the Interior to accept the transfer of title for several specific tracts of land into trust for the benefit of the Yavapai-Apache Nation within 30 days of the Act's enactment. These parcels, identified by legal descriptions and instrument numbers, will become part of the Nation's trust land base, subject to valid existing rights.
Sec. 14
Yavapai-Apache Nation Central Arizona Project (CAP) Water Entitlements
This section authorizes the Secretary to enter into an amended CAP Water Delivery Contract with the Yavapai-Apache Nation, granting the Nation permanent service for CAP Water. It details the conditions for delivery, use (on or off-reservation, with storage options), leasing, and exchange of this water, explicitly prohibiting permanent alienation. It also clarifies that CAP construction costs allocated to the Nation are nonreimbursable and that the Nation is entitled to all lease and exchange funds.
The Yavapai-Apache Nation retains the right to assert claims for injury to water rights from off-Reservation diversions from wells constructed after the Effective Date, if the water is determined to be Surface Water, the well is within a specific part of the Verde River Watershed, and it does not fall under several exceptions (e.g., Replacement Wells, Domestic Use, Stock Watering Use, certain municipal uses with specific water efficiency conditions).
Sec. 11(a)(3)(G)
Why it matters:This level of detail is standard for water rights settlements, as the precise scope of waivers and retained claims is critical and legally intricate. It's not necessarily evasive but requires careful legal interpretation to understand the specific conditions and exclusions.
Case for: Supporters would argue that these specific retentions are vital for the Nation to protect its instream flow rights and other surface water entitlements from future, potentially impactful, groundwater pumping that is hydrologically connected to the Verde River, ensuring the long-term integrity of the settlement.
Case against: Critics might argue that such detailed retained claims, especially those with numerous conditions and exceptions, could lead to future litigation and undermine the 'finality' of the settlement for other water users, creating ongoing uncertainty regarding groundwater development.
Estimated impact: Potentially significant for future groundwater development in the Verde River Watershed, particularly for new municipal or industrial wells, by subjecting them to potential claims if they do not meet strict water efficiency and location criteria.
Directs the Secretary to accept transfer of title to specific tracts of land (e.g., Otter Waters, Cemetery Property, Brown Property, Distant Drums RV Park, Sonic/Chevron Property, Arena Del Loma Property, Giant's Grave Property) into trust for the Yavapai-Apache Nation within 30 days of enactment. These lands are described by legal instruments and parcel numbers.
Sec. 13(b)
Why it matters:Detailed land descriptions are standard legal practice for property transfers to ensure precision and avoid ambiguity. It's not evasive, but its impact is obscured by technicality and the sheer volume of specific parcel information.
Case for: Proponents would argue that taking these lands into trust is a crucial component of the settlement, consolidating tribal land holdings, enhancing the Nation's land base for economic development and cultural preservation, and fulfilling federal trust responsibilities.
Case against: Some local governments or property rights advocates might raise concerns about the expansion of tribal trust lands, particularly regarding potential impacts on local tax bases or jurisdiction, though the bill doesn't explicitly detail these impacts.
Estimated impact: Adds multiple specific parcels of land to the Yavapai-Apache Reservation's trust land base, expanding the Nation's territorial and economic footprint and providing new opportunities for tribal development.
Amends the Gila River Indian Community Water Rights Settlement Act of 2004 to make an additional 1,639.74 AFY of water available from the C.C. Cragin Reservoir for municipal and domestic uses in Yavapai County, Arizona, without cost to the Salt River Federal Reclamation Project, provided contracts are secured by December 31, 2029.
Sec. 17(a)
Why it matters:This is a common legislative practice to piggyback related amendments onto relevant bills, especially when they pertain to the same geographic region or resource. It's not necessarily evasive, but its placement makes it less visible and requires careful reading of the entire bill.
Case for: Proponents would argue this provides a valuable new water source for growing communities in Yavapai County, addressing regional water supply needs and fostering broader support for the overall settlement by benefiting non-tribal entities.
Case against: Critics might argue that adding new water allocations to an existing reservoir could strain resources, or that the specific terms of 'without cost to SRP' might shift burdens elsewhere, or that it complicates regional water management.
Estimated impact: Provides an additional 1,639.74 AFY of water for municipal and domestic use in Yavapai County, a substantial amount for regional water planning and development.