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America September 8, 2025 2 mins read

Lawmakers Push Action on Tribal Water Rights Settlements to Avert Costly Court Battles

America ı By Rihem Akkouche

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Tribal Water Rights Settlements

A bipartisan coalition of senators and representatives is pressing congressional leaders to act on Tribal Water Rights Settlements pending before the U.S. Senate, warning that failure to do so will unleash decades of costly litigation and delay critical access to water for Native American communities.

In a sharply worded letter dated Sept. 4, Sens. Steve Daines, R-Mont., Martin Heinrich, D-N.M., Tim Sheehy, R-Mont., and Ben Ray Luján, D-N.M., joined by Reps. Ryan Zinke, R-Mont., Teresa Leger Fernandez, D-N.M., and others, urged Congress to move forward with a slate of settlement bills or make technical corrections to keep them alive.

“Without Congressional action, the fulfillment of water rights in our states will be adjudicated in court at great taxpayer expense and over the course of the next several decades,” the lawmakers cautioned.

Navajo-Gallup Project: A $2 Billion Lifeline

One of the central measures is the Navajo-Gallup Water Supply Project Amendments Act, which would inject vital funding to complete a $2 billion infrastructure effort delivering drinking water to underserved communities in northwestern New Mexico.

Montana’s Push for Water Security

Another priority bill, the Northern Montana Water Security Act, introduced in January by Sen. Daines, would direct $300 million toward completing the Milk River Project and Dodson South Canal. The legislation aims to secure long-term water access for tribal nations while bolstering agricultural and community use.

Funding the Future

To finance these settlements, lawmakers floated an extension of Customs User Fees collected by U.S. Customs and Border Protection. Those fees are set to expire in 2031, but the Congressional Budget Office estimates that extending them through fiscal 2034 would generate $16.5 billion in savings—funds that could cover settlement costs without new taxpayer burdens.

What’s at Stake

For tribes across the Southwest and Northern Plains, these settlements represent more than infrastructure—they are a path to sovereignty, stability, and survival in the face of dwindling water resources. For lawmakers, the clock is ticking: every delay brings the threat of sprawling court battles, ballooning costs, and communities left waiting for a drop of relief.

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