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Navajo water rights bill heads to U.S. Senate floor

Thursday, May 08, 2008

ALBUQUERQUE, N.M. (AP) -- The bill that would settle the Navajo Nation's water rights claims in the San Juan River Basin cleared its first hurdle Wednesday with approval of the U.S. Senate Energy and Natural Resources Committee.

The measure, sponsored by Sens. Pete Domenici and Jeff Bingaman, now heads to the full Senate. The legislation would authorize a pipeline to serve the Gallup and Navajo communities and create a water rights settlement fund in the federal treasury to pay for it and future American Indian water agreements.

New Mexico's U.S. senators acknowledge the cost of a water rights settlement is what's stalling the bill. And while they say they've tweaked it to address concerns of the Bush administration, the price remains the same -- nearly $900 million.

"This is what it costs to do," said Jude McCartin, a spokeswoman for Sen. Jeff Bingaman, D-N.M. "And they certainly were happy to spend more than this in other states to settle other water claims."

McCartin points out that the administration has spent almost $2.5 billion to settle other water rights claims in the West in recent years. In addition, $1.6 billion has gone to addressing water issues in developing countries and the U.S. spent $2.3 billion on water infrastructure and management in Iraq.

"It's our turn," she said.

The cost could be split among the federal, state, local and tribal governments. The federal government would contribute funding over about two decades.

The Bush administration has said the project costs too much and would tie the hands of future presidents.

The state of New Mexico and the tribe signed an agreement in 2005 that resolves the tribe's water claims, but Congress still must enact legislation.

The legislation would recognize about 600,000 acre-feet per year that would go to the Navajos for agriculture, industrial, municipal, domestic and stock watering purposes. An acre-foot, about 326,000 gallons, can meet the annual water needs of one to two U.S. households.

Critics say the Navajo Nation would receive a large amount of water to serve a small population.

But Navajo President Joe Shirley Jr. said his people have been without water for too long.

"It's been going on for decades," he said. "You like to do a lot of things ... for the people, the communities, for the elderly, but without water, there's a limited amount of things you could do."

Domenici, R-N.M., said the project has been in the planning stages long enough and should be funded.

"We still face a challenge in finding offsets for this bill, but I think it is important that we go on record to show our earnestness in getting the Navajo Nation, as well as Gallup, the water they deserve," he said in a news release.

McCartin said the Senate could consider the legislation in June, but "that would be pretty speedy."

Shirley said he's "keeping the fingers crossed."

"I hope they'll get through it by the end of the year," he said. "Even if they do it in a couple of years, I'll be elated."

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