Navajo-Utah Water Rights Settlement: Perspectives & Benefits
Norman K. Johnson
Symposium on the Settlement of
Indian Reserved Water Right Claims
August 24-25, 2021
N
N
AVAJO
AVAJO
U
U
TAH
TAH
W
W
ATER
ATER
R
R
IGHTS
IGHTS
S
S
ETTLEMENT
ETTLEMENT
-U
-U
TAH
TAH
P
P
ERSPECTIVE
ERSPECTIVE
POTENTIAL LIABILITY
PIA = as much as 160,000
AF of Water Depletion
Expensive, Unpredict-
able Litigation
Non-Indian Priority
Conflicts
SETTLEMENT
NAVAJO NATION
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
B
ENEFITS
OF
A
N
AVAJO
-U
TAH
S
ETTLEMENT
A
GREEMENT
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
S
ETTLEMENT
OF
R
ESERVED
W
ATER
R
IGHTS
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.
1 – My opinions are my own and should not be attributed to my employer, clients or anyone else.
2 – I think to understand the negotiation of reserved water right in Utah we need to begin by understanding the doctrine itself and how it relates to the doctrine of prior appropriation, which we do by starting with the basics.
3 – We need a history lesson today.
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.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
NAVAJO UTAH WATER RIGHTS SETTLEMENT-UTAH PERSPECTIVE Norman K. Johnson Symposium on the Settlement of Indian Reserved Water Right Claims August 24-25, 2021
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
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
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.
