Arizona tribe trades water rights claims for federal pipeline and $155M trust fund
S. 3617 — Yavapai-Apache Nation Water Rights Settlement Act of 2026 · Filed by Mark Kelly (D-AZ) · 1 cosponsor · Introduced Jan 13, 2026 · Hearing held
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What it does
This bill approves a water rights settlement for the Yavapai-Apache Nation in Arizona, confirming their water rights and authorizing construction of two major water infrastructure projects: the Cragin-Verde Pipeline (delivering ~6,837 acre-feet of water annually from C.C. Cragin Dam) and a Yavapai-Apache Nation Drinking Water System. The federal government will fund and construct these projects (~$883.5 million), then transfer the drinking water system to the Nation. The Nation receives a trust fund (~$155.7 million) for water projects, wastewater infrastructure, operations, and watershed restoration, but must waive most historical water rights claims against Arizona, other entities, and the federal government in exchange.
Why we flagged it
The bill's core function is to settle a tribal water rights dispute through federal recognition of water entitlements, construction of water delivery infrastructure, and establishment of a trust fund for tribal water management. This is a settlement agreement codified into law, not a general appropriations or regulatory measure.
What the text implies
- The waiver of claims is extremely broad—covering 'time immemorial' and 'forever'—and includes claims for cultural, hunting, and fishing rights tied to water loss, effectively closing off future litigation on these grounds despite narrow carve-outs for specific well types and municipal uses.
- The bill exempts the settlement agreement execution from National Environmental Policy Act (NEPA) review, bypassing standard environmental assessment requirements that would normally apply to major federal water projects.
The full analysis lists 5 implications of this text.
Who stands to gain
Yavapai-Apache Nation (water rights, infrastructure, trust fund); Salt River Project (operation of pipeline, no construction cost); construction contractors (pipeline and drinking water system projects)