Senate Bill 2109 45; the “Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012” was introduced by Kyl and McCain on February 14, 2012, and is on a fast track to give Arizona corporations and water interests a “100 th birthday present” that will close the door forever on Navajo and Hopi food and water sovereignty, security and self-reliance.
S.2109 asks the Navajo and Hopi peoples to waive their priority Water Rights to the surface waters of the Little Colorado River “from time immemorial and thereafter, forever” in return for the shallow promise of uncertain federal appropriations to supply minimal amounts of drinking water to a handful of reservation communities.
The Bill – and the “Settlement Agreement” it ratifies – do not quantify Navajo and Hopi water rights – the foundation of all other southwestern Indian Water Rights settlements to date – thereby denying the Tribes the economic market value of their water rights, and forcing them into perpetual dependence on uncertain federal funding for any water projects.
Senators Kyl and McCain know well that without water, life is not possible. Yet, their Bill and the “Settlement Agreement” close the door forever to any possibility of irrigated agriculture and water conservation projects to heal and restore Navajo and Hopi watersheds (keeping sediment from filling downstream reservoirs) to grow high-value income and employment-producing livestock and crops for Navajo, Hopi and external markets; and to provide once again for healthy, diabetes – and obesity-free nutrition and active lifestyles for all future generations of Navajo and Hopi children.
Senators Kyl and McCain demand that the Navajo and Hopi people waive and give up all their rights to legal protection of injury to surface and ground water supply and quality in the past, present, and future – yet the Navajo and Hopi peoples do not even know the full extent and nature of the rights they are being pressured to waive because the details of the “Settlement Agreement” are not being shared with the public.
This is wrong.
Navajo and Hopi water and public health have already been damaged severely by past uranium and coal mining in and upstream of Navajo and Hopi communities. Senators Kyl and McCain are trying now to take away all rightful legal protections against the present and real danger of such contaminations occurring again.