Navajo-Utah Water Rights Settlement: Perspectives & Benefits

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The Navajo-Utah Water Rights Settlement addresses potential liabilities, benefits of the agreement, and key learnings for negotiators. It aims to improve the quality of life for Utah Navajo people, quantify reserved water rights, avoid costly litigation, and provide certainty for water users. The settlement involves 81,500 AF of water depletion with emphasis on drinking water projects, benefiting both Navajo Nation and the state of Utah.


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  1. NAVAJO UTAH WATER RIGHTS SETTLEMENT-UTAH PERSPECTIVE Norman K. Johnson Symposium on the Settlement of Indian Reserved Water Right Claims August 24-25, 2021

  2. POTENTIAL LIABILITY PIA = as much as 160,000 AF of Water Depletion Expensive, Unpredict- able Litigation Non-Indian Priority Conflicts SETTLEMENT 81,500 AF of Water Depletion About $200 Million in Projects Emphasis on Drinking Water Projects Subordination to Existing Rights About 5% of cost ($8M) = State Share NAVAJO NATION

  3. BENEFITSOFA NAVAJO-UTAH SETTLEMENT AGREEMENT Improve Quality of Life for Utah Navajo People Quantify a Significant Reserved Water Right Avoid Costly Litigation and Uncertain Outcomes Provide Certainty for Water Users Navajo Nation CUP/Wasatch Front Uintah Basin & San Juan, Kane and Washington Counties Price River, Carbon, Emery & Grand Counties Solve a Colorado River Issue http://3.bp.blogspot.com/_8306FJ3PJK8/Sp7EfFq2e7I/AAAAAAAAAAU/FTCFx6Elz2E/s400/Lineup+for+Water.jpg

  4. SETTLEMENTOF RESERVED WATER RIGHTS We have learned negotiators must: Begin with the end in mind; Protect Tribal/federal/non-federal interests; Communicate and educate; Focus on what matters; Use technicians; Build trust; Be patient; Put things in context; and Acknowledge finality.

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