Zuni Indian Tribe and Navajo Nation Rio San José Stream System Water Rights Settlements Bills Receive Key Committee Hearing
Before legislative hearing, Heinrich’s bipartisan Indian Buffalo Management Act also advanced out of Senate Committee
WASHINGTON – Today, the Zuni Indian Tribe Water Rights Settlement Act and the Navajo Nation Rio San José Stream System Water Rights Settlement Act, bills sponsored by U.S. Senator Martin Heinrich (D-N.M.), received a key hearing before the Senate Committee on Indian Affairs.
“The failure of the United States to work with Tribal Governments to ensure that they could use the water they have always owned has reverberated through generations,” said Heinrich. “It has a direct impact on the well-being of Tribal members today. It’s time we make this right for Zuni and the Navajo Nation.”
Heinrich and U.S. Representative Gabe Vasquez (D-N.M.) introduced the Zuni Indian Tribe Water Rights Settlement Act in July. The bill would unlock federal funding to support a trust for sustainable water management and infrastructure development that upholds the federal government’s trust responsibility while protecting the sacred Zuni Salt Lake. The bill ratifies the settlement between the federal government, State of New Mexico, and Zuni Tribe that affirms their water rights for irrigation, livestock, storage, and domestic and other uses. During the hearing, Zuni Tribe Governor Arden Kucate testified in support of the legislation.
Heinrich and U.S. Representative Teresa Leger Fernández (D-N.M.) introduced the Navajo Nation Rio San José Stream System Water Rights Settlement Act earlier this month to approve the water rights settlement for the Navajo Nation as well as participating non-Tribal parties in the Rio San José watershed. During the hearing, Navajo Nation President Dr. Buu Nygren testified in support of the legislation.
Heinrich and Leger Fernández previously introduced the Rio San José and Rio Jemez Water Settlements Act, which would implement the water settlements agreed to by the Pueblos of Acoma and Laguna, the United States, the State of New Mexico, and non-Tribal parties, in the Rio San José watershed. That bill received a hearing and was reported out of the Senate Indian Affairs Committee in December. The House version of this bill received a legislative hearing in the House Water, Wildlife and Fisheries Subcommittee in July. The bill introduced this month and heard today in the Senate Committee on Indian Affairs would further resolve Tribal water claims in the Rio San José basin by settling the Navajo Nation’s claims.
Before the hearing on Tribal water rights settlements legislation, the Senate Committee on Indian Affairs also held a business meeting in which members voted to advance Heinrich’s Indian Buffalo Management Act. That legislation received a hearing before the Senate Committee on Indian Affairs in June.
“This legislation will further foster growth of Tribal bison herds, and I am grateful for the committee’s support,” said Heinrich.
The Indian Buffalo Management Act, which Heinrich introduced last year alongside U.S. Senator Markwayne Mullin (R-Okla.), provides secure, consistent funding for Tribes and Tribal organizations that have established buffalo herds, as well as provides resources for Tribes that would like to establish new herds.
The bill creates a permanent buffalo restoration and management program within the Department of Interior to:
- Promote and develop the capacity of Tribes and Tribal organizations to manage buffalo and buffalo habitat;
- Protect and enhance buffalo herds for the maximum benefit of Tribes; and
- Ensure that Tribes are directly involved in the Interior Department decision-making regarding buffalo.
The bill has been endorsed by the InterTribal Buffalo Council, the National Bison Association, The Nature Conservancy, the National Wildlife Federation, and the National Parks Conservation Association.
Full video of the Senate Indian Affairs Committee Business Meeting and Legislative Hearing can be found here.
Heinrich’s full remarks as prepared for delivery are below:
Chairman Schatz and Vice Chairman Murkowski, I want to first thank you for considering the Indian Buffalo Management Act a few minutes ago.
This legislation will further support growth of Tribal bison herds, and I am grateful for the committee’s support.
Turning to the hearing agenda, I want to thank you for holding this hearing on the Zuni Indian Tribe Water Rights Settlement Act and the Navajo Nation Rio San José Stream System Water Rights Settlement Act, two bills of critical importance for the water future of New Mexico’s Tribes.
I am happy to welcome the Governor of Zuni Pueblo, Arden Kucate, who is here today to provide testimony on the Zuni Water Rights Settlement Act.?
The Zuni people have been stewards of the Zuni River Basin for millennia.
Their traditional agricultural practices and careful stewardship of water sustained the tribe over thousands of years.
Unfortunately, the United States has failed to protect Zuni’s water rights and has allowed their water to be diverted to other purposes.
Overuse of water in the Zuni Basin has caused the Zuni people to suffer from a lack of water for their community, their businesses, and their traditional agricultural practices.
This injustice continues today. Without reliable access to clean water, it is difficult for Zuni to attract new businesses that create jobs and revenue for the Tribe.
This legislation would not only fully settle Zuni’s water rights claims in the Zuni River Basin; it would also provide funding for several key water infrastructure projects.
It is an opportunity for the United States to make the Zuni Tribe whole for the water that they have always been entitled to.
And it will support Zuni’s traditional irrigation practice, their people, and their future business development, in a manner that builds resilience in the face of a drying climate.
This piece of legislation would also protect the Zuni Salt Lake, a sacred place of great cultural significance to the Zuni Tribe and others in the region.
I am also happy to welcome the President of Navajo Nation, Dr. Buu Nygren, who is here to provide testimony for the Navajo Nation Rio San José Stream System Water Rights Settlement Act.
This legislation would settle the water rights of the Navajo Nation in the Rio San José basin – it is the final step in an adjudication process that began more than forty years ago.
In that time, we’ve seen aridification in the Southwest further strain water resources for Tribes, including the Navajo Nation, that don’t have the resources to fully use their water rights.
This settlement is an important step towards giving the Navajo Nation an equal voice amongst water users in the southwest.
Today, there are more than 200 Navajo households within the Rio San José and Rio Puerco Basins without access to running water.
These households instead have to rely on hauling water.
The lack of reliable drinking water systems in these communities contributed to the widespread health impacts of the COVID-19 pandemic on the Navajo Nation, which took the lives of far too many.
I am committed to working with the Navajo Nation to build a future where they have full access to their water rights.
This access to water will facilitate the preservation of Navajo culture and tradition.
Both of these pieces of legislation would implement settlement agreements that have been carefully negotiated between the Tribes, the State of New Mexico, neighboring water users, and the United States.
I want to thank all of the parties for their tireless work in reaching settlements for these basins, and Senator Luján for cosponsoring these settlements along with me.
The failure of the United States to work with Tribal Governments to ensure that they could use the water they have always owned has reverberated through generations.
It has a direct impact on the well-being of Tribal members today.
It’s time we make this right for Zuni and the Navajo Nation.
Thank you to the committee for your consideration today, and I yield back the remainder of my time.
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