San Juan Southern Paiute Tribe may soon have its exclusive reservation and the water necessary to sustain its Tribal Members for centuries to come.
The San Juan Southern Paiute Tribe is a federally recognized Indian Tribe with a documented history pre-dating colonization. The Paiute Tribe currently lives in northern Arizona and southern Utah, on lands entirely encompassed within the external boundaries of the Navajo Reservation. It is the only federally recognized Tribe in Arizona without its own land. Due to the Paiute Tribe’s relatively small size and the remoteness of its territory, the Tribe has often been forgotten or pushed aside by both the federal government and other tribal nations.
As a result, for generations, our people have endured a life full of “without.” The absence of an exclusive reservation means the Paiute Tribe is without a homeland. Without a homeland, the Paiute Tribe lacks economic growth and opportunity. Without economic growth and opportunity, the Paiute Tribe operates under deficient funds, far less than what is necessary to provide governmental services. Without the ability to provide governmental services, homelessness is rampant and most Paiute Tribal Members do not have running water and electricity. Without an exclusive reservation, our Tribe is deprived of the full benefit of healthcare assistance and services. We miss out on housing assistance that is only available to those with an exclusive reservation. Even our roads go without maintenance and are practically unusable. On and on, the pattern continues, and while the rest of the United States continues to progress, our people struggle daily without basic human needs that Americans and tribes have taken for granted for decades.
The San Juan Southern Paiute Treaty Lands
The San Juan Southern Paiute Tribe is a small tribe located in Northern Arizona and Southern Utah, within the exterior boundaries of the Navajo Reservation. Our Tribe is an ancient tribe but did not receive federal recognition until 1989. Most people do not even know that a large part of the “Navajo Reservation,” as it is named, was actually set aside by Congress for the Navajo, Hopi, and the San Juan Southern Paiute Tribe in 1934. And while the Paiute Tribe has shared this territory with the Navajo Nation for more than 160 years, our Tribe was in this area long before the relocation or encroachment by other tribes and before the establishment of any reservations.
In 1974, Congress passed legislation permitting the federal district court to partition lands between the Navajo and the Hopi, and to hear the claims of other Indians to rights and interests in the lands reserved in 1934. This litigation became known as the Masayesva v. Zah proceeding.
In 1992, the Court in Masayesva determined that the San Juan Southern Paiute Tribe held a property interest in approximately 26,000 acres of the Navajo Reservation. Our Tribe alone appealed the Masayesva determination, and that appeal has been pending since 1993. To settle the Masayesva land dispute, the San Juan Southern Paiute Tribe and the Navajo Nation agreed to stay prosecution of that appeal while our two tribes worked in tandem on a Treaty that would resolve this contentious litigation.
Ultimately, we negotiated a treaty to partition the land between our two tribes. The Navajo Nation agreed to partition 5,400 acres as the San Juan Southern Paiute Tribe’s exclusive reservation. In exchange, our Tribe agreed to dismiss the Masayesva appeal as soon as the Treaty was ratified. The treaty was signed on March 18, 2000.
The 2000 Treaty sets aside two parcels of land for the new San Juan Southern Paiute Tribe Reservation. These areas are referred to as the Southern Area, approximately 5,100 acres around Willow Springs (west of Tuba City), and the Northern Area, approximately 300 acres in Utah (near Navajo Mountain).
Unfortunately, the 2000 Treaty has yet to be ratified by Congress. Generations of San Juan Southern Paiutes have come and gone without ever seeing the creation of our exclusive homeland. Without an exclusive reservation, most of our Tribal Members continue to lack access to adequate housing, running water and electricity. Far worse, we are treated like strangers in our ancestral homeland, being denied access to essential services and utilities.
Recently, through monumental negotiations amongst the Tribe, the Navajo Nation and the Hopi, the Northeastern Arizona Indian Water Rights Settlement Agreement, if approved, will ratify the 2000 Treaty for our Tribe, establishing the San Juan Southern Paiute Reservation.
But, How does the Tribe turn its reservation into a homeland without the water necessary to make that happen?
San Juan Southern Paiute Tribal Leadership Advocates for Land and Water Rights in DC
Water is a fundamental resource at the heart of community well-being, economic development, and cultural preservation for indigenous tribes across the United States. The San Juan Southern Paiute Tribe of Arizona is at the forefront of a critical battle for water rights that underscores the enduring struggle of Arizona tribes to secure their future amidst arid environments. The importance of such initiatives cannot be overstressed, as they are essential not only for the sustenance of these communities but also for the preservation of their ancestral lands and traditions.
The ongoing advocacy efforts of the San Juan Southern Paiute leadership in Washington D.C. represent a pivotal moment in their longstanding quest to assert and protect the Tribe’sir access to this vital resource.
Not only have Tribal Leaders spent time in Washington DC to advocate for the Tribe’s water rights, but at the same time leadership is advocating for the ratification of the 2000 Treaty and the establishment of the Tribe’s reservation.
Both the land and the water necessary to secure the Tribe’s future are wrapped up in the Northeastern Arizona Indian Water Rights Settlement Act. Until passed, this remains the highest priority for Tribal Leaders.
Brief Summary of Water Rights Issues for Northeastern Arizona Tribes
Historical Context
The struggle for water rights among the Hopi, Navajo, and San Juan Southern Paiute tribes has deep historical roots. A pivotal 1922 agreement allocated Colorado River basin water among seven Western states but notably excluded tribes 7. This exclusion has led to prolonged legal and social battles, with tribes now seeking water from various sources including the Colorado River and local aquifers 7.
Current Challenges
Recent years have seen some progress with the approval of a settlement agreement among the Hopi, Navajo, and San Juan Southern Paiute tribes, which aims to resolve their water claims in northeastern Arizona 8. The Northeastern Arizona Indian Water Rights Settlement Agreement, however, comes after decades of litigation and negotiation, highlighting the persistent challenges these tribes face in securing water rights 8.
Importance of Water Rights
The importance of securing water rights for these tribes cannot be overstated. Water is not only a resource for sustaining life but also a vital component of cultural preservation and economic stability 8. The Northeastern Arizona Indian Water Settlement Agreement represents a historic milestone, potentially providing a framework for future negotiations and infrastructure development aimed at supporting tribal communities 8. This agreement includes provisions for diverse water sources and emphasizes the cultural significance of water, aligning with the tribes' stewardship principles 8.
Recent Developments and Approved Settlement
The San Juan Southern Paiute Tribe has recently approved the Northeastern Arizona Indian Water Rights Settlement Agreement. The Agreement secures the tribe's land and water rights but also involves a substantial financial commitment exceeding $5 billion. This agreement includes the construction of a pipeline from Lake Powell, aimed at delivering water to remote tribal communities 215. Significance of the Northeastern Arizona Indian Water Rights Settlement Agreement
This settlement represents a pivotal development for the San Juan Southern Paiute Tribe, offering not just secured water deliveries but also potential economic opportunities that could instill hope and pride within the community 217. President Robbin Preston Jr. has played a crucial role in advancing this resolution, which is seen as a vital step towards a sustainable future for the tribe 12.
The Agreement is also important from a historical context. The fact that the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe were able to come to the table and hammer out a settlement that all three tribes have now approved (unanimously) is monumental. The Agreement is a testament to leadership in Washington DC, that if these three tribes can set aside their differences and negotiate an Agreement, so can our senators and representatives.
Challenges and Opposition
Despite the progress, the settlement still requires multiple approvals, including from Congress, before it can be finalized. The ongoing support from the Democratic administration in Arizona and President Joe Biden suggests a positive trajectory for the approval process 2. However, the resolution of Indian water rights settlements often faces challenges, including opposition from other water users and questions regarding the management of cost overruns and settlement implementation 20.
Impact on the Tribes and their Communities
Access to Water Resources
Access to clean, safe, reliable drinking water is a luxury many Americans take for granted. This Agreement will bring water to potentially thousands of tribal members living in northeastern Arizona who have never had dependable access to clean water.
Health and Economic Benefits
The settlement’s potential economic opportunities and guaranteed water deliveries offer not just a lifeline for basic needs but also hope and pride to the tribal communities. These developments are expected to foster economic growth, education, and infrastructure development, which in turn could improve the overall health and economic stability of the tribes 2628.
Cultural Significance
The agreement is seen not just as a means to secure land and water but as a critical step towards sustaining the cultural heritage of the tribes. It allows the tribes to fulfill their stewardship roles, ensuring the preservation of their ancestral lands and traditions. This is particularly significant for the Hopi tribe, as the agreement aligns with their covenant to live as stewards of their land 2427.
Path to Congressional Approval
Steps for Approval
The process of achieving congressional approval for Indian water rights settlements is intricate and necessitates significant coordination among various stakeholders. As of October 2023, 39 Indian water rights settlements had been federally approved, involving extensive negotiations and federal action 38. The Department of the Interior (DOI) plays a pivotal role, with the Secretary of the Interior's Indian Water Rights Office (SIWRO) and the Working Group on Indian Water Settlements overseeing and coordinating the settlement policies 38.
Potential Hurdles
Negotiating settlements is complex due to the need to balance state doctrines and federal reserved water rights. The involvement of multiple parties, including states, water districts, and private water users, can lead to conflicts and delays. Moreover, federal funding, which forms a significant part of the settlements, often faces hurdles such as budget cuts and management of cost overruns 3738.
Role of Tribal and Non-Tribal Stakeholders
Both tribal and non-tribal stakeholders share common goals such as reliable water access and economic development. Their collaboration is essential in negotiating terms that quantify and provide access to tribal water allocations. However, the negotiation landscape is challenging due to less receptive courts and the high risks associated with taking reserved water rights claims to court 37.
Future Prospects and Implications
Long-term Benefits
The San Juan Southern Paiute Tribe's involvement in the historic water settlement is poised to secure a sustainable water future, offering not only essential resources but also fostering economic growth and community pride. This agreement aims to establish the Tribe’s tribal homeland and provide water to tribal members currently without access, significantly enhancing their quality of life 4043. The establishment of a reservation for the tribe, initiated by Johnny Lehi Sr. and advanced by Vice President Johnny Lehi Jr., marks a critical milestone in securing the tribe's long-term welfare and autonomy 43.
Sustainability Efforts
The comprehensive nature of the Agreement includes substantial infrastructure investments, such as the construction of water pipelines and wells. These projects are designed not only to meet immediate water needs but also to support sustainable management and use of water resources, ensuring the health and prosperity of the San Juan Southern Paiute tribal communities. 4146.
Potential for Further Collaboration Among Tribes
The settlement lays a foundation for future cooperation among the tribes involved. It addresses broader issues like climate change and resource management, setting a precedent for inter-tribal agreements and collaborative stewardship of shared resources. This collaborative approach is expected to strengthen the tribes' position in future negotiations and shared resource management, enhancing resilience against environmental challenges 4748.
Conclusion
The Northeastern Arizona Indian Water Rights Settlement Agreement, when passed, will have an immediate impact on the lives of hundreds of San Juan Southern Paiute Tribal Members. Decades ago, the San Juan Southern Paiute Tribe and the Navajo Nation made a promise, memorialized in a land treaty, that would finally give the Paiute Tribe an exclusive homeland. At long last, ratifying this Land Treaty between these two tribes will allow the Paiute Tribe to access critical resources, provide its Tribal Members with proper housing, utilize public utilities, and develop additional infrastructure.
The effects of the Agreement will be seen—in the water flowing and lights shining in Tribal Members’ homes—and they will also be deeply felt. For generations, Tribal Members have been treated like unwanted visitors in their aboriginal territory. The mental and emotional toll that systemic disregard has on a group of people cannot be adequately articulated. Approval of the Agreement will begin a healing process for all our Tribal Members, especially our elders, who have waited decades to see the Paiute Tribe receive its exclusive homeland and the basic assistance and services that are sure to flow from it.
Not only will the Agreement create a reservation for the last remaining landless tribe in Arizona, but the legislation will also be a significant show of support for tribal sovereignty. The Agreement is an example of the United States actively honoring its promise to all tribal nations that tribal sovereignty is at the forefront of our government-to-government relationship.
The Northeastern Arizona Indian Water Rights Settlement Agreement is a monumental settlement that has brought together three sister tribes for the betterment of thousands of tribal members. The involvement and leadership of President Robbin Preston Jr., Vice President Johnny Lehi Jr., and their legal representation, Julia Kolsrud, have been pivotal in navigating this complex legal landscape, ensuring their community's future sustainability.
These efforts underscore a broader narrative of indigenous resilience and the critical importance of safeguarding natural resources as a cornerstone for cultural preservation, economic development, and community well-being.
As we look ahead, the path forged by the San Juan Southern Paiute Tribe, marked by significant legal victories and strategic partnerships, offers a blueprint for future advocacy and collaboration. The broader implications of their struggle and triumph extend beyond their community, reflecting on the essential role of indigenous leadership in environmental stewardship and sustainable resource management. This journey, while fraught with challenges, illuminates the enduring spirit and resilience of indigenous peoples in protecting their sacred lands and waters for generations to come.
