8/28/2011 Washington Examiner: Navajos focus on Little Colorado River settlement By: FELICIA FONSECA, Associated Press: The Navajo Nation, unwilling to settle its claims to the Colorado River without a pipeline to deliver much-needed water to its residents, now is focusing on rights to water from one of the river’s tributaries. Negotiators on a northern Arizona water rights settlement have removed from the deal a $515 million pipeline that would have delivered water to the Navajo and Hopi reservations. Even with the lower cost, however, it remains uncertain when the revised settlement might be introduced in Congress. Navajo lawmakers approved a version of the settlement last year. That version included the pipeline to send 11,000 acre-feet of Colorado River from Lake Powell to a handful of Navajo communities and about 4,000 acre-feet of water a year to the Hopi reservation.
But Republican Arizona Sen. Jon Kyl, who has shepherded key American Indian water rights deals through Congress, later said it was too costly and asked the negotiators to revise it.
Kyl’s office declined to comment on the revised settlement that negotiators sent him in June because it’s not final. But in a letter to the Arizona Department of Water Resources, Kyl said the revised document marks only the next phase of conversation and that “it is possible that those costs will have to be further reduced.”
“Because of the estimated cost associated with a main-stem settlement, the parties pulled back and focused simply on a Little Colorado River settlement,” said Tom Whitmer, a water resource manager and tribal liaison for the state water department. “The federal government’s budget is not in the most healthy state. Whenever you start talking about settlements, it’s also about the cost of the infrastructure to get the water to the area it’s needed.”
Under the revised settlement, the Navajo Nation still would get any unclaimed flows from the Little Colorado River and nearly unlimited access to two aquifers beneath the reservation. It also would settle claims from the Hopi Tribe, which did not follow the Navajos’ footsteps in approving the settlement last year.
“I think we’ve gotten some things in there we feel good about,” said Hopi Chairman Le Roy Shingoitewa. “Whether or not they remain is really something the parties all have to agree to.”
Both the Navajo and Hopi are party to a case to adjudicate rights to the Little Colorado River, which has been on hold to allow for settlement discussions. Aside from Zuni Pueblo, no other Arizona tribe has acquired rights to the river, Whitmer said.
The revised settlement was revealed in a separate federal court case earlier this month in which the Navajo Nation sued to assert its rights to the Colorado River. The negotiators said in a status report that they did not expect any settlement to be approved by Congress until late next year.
They also outlined further concerns by Kyl, including the future of the Navajo Generating Station that provides power to deliver water through a series of canals to 80 percent of the state’s population and ensures that American Indian water rights settlements are met.
Kyl had asked negotiators for the tribes and 30 other entities to try to lower the $800 million cost of the settlement so that he could introduce legislation well ahead of his planned retirement.
Navajo water rights attorney Stanley Pollack said the settlement was structured so that the pipeline could be removed if necessary and that he would not bring it before tribal lawmakers without Kyl’s blessing.
Although the pipeline has been dropped from the settlement, neither the Navajo Nation nor the Hopi Tribe has waived rights to water from the Colorado River.
The revised settlement would provide the delivery of some 6,400 acre-feet of Colorado River water to Navajo communities in Arizona, along the New Mexico border. The water was reserved for a possible Navajo water rights settlement with the state of Arizona as part of a historic deal with Arizona tribes in 2004. The water would be delivered through the Navajo-Gallup pipeline authorized by the Navajo Nation’s water agreement with New Mexico in 2009.
The Arizona settlement for the lower Colorado River basin had been in negotiation for more than a decade. Tribal officials say they’ll now have to come up with other ways to provide water in areas where Navajos commonly drive long distances to haul water for themselves and their livestock. Some smaller projects are in the works.
Ray Yazzie Begay, 45, had high hopes for a pipeline that would deliver water to his community in Cameron. Much of the water there has a bitter taste, he said, and is good only for showering and livestock feeding. He recently was filling up a 210-gallon water tank outside the Cameron Trading Post that was destined for his sheep, cattle and horses a few miles away.
A pipeline “would bring a lot of good things to the community,” he said. “A lot of us live out there in the back areas.”
Navajo lawmaker Duane Tsinigine said the need for water is especially prevalent on the western side of the reservation, where Navajos were prevented from making any improvements to their home or land for decades because of a land dispute with the Hopi Tribe. The construction ban has been lifted but many in the community are still awaiting basic needs, he said.
“Maybe we can file for a separate settlement, which if we filed we might not see in this lifetime,” he said.
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