H.R. 2025 — Northeastern Arizona Indian Water Rights Settlement Act of 2025

This section designates the Act as the “Northeastern Arizona Indian Water Rights Settlement Act of 2025” and sets forth the table of contents.

This section states the purposes of the Act: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the state for the Navajo Nation and Navajo allottees, the Hopi Tribe and Hopi allottees, the San Juan Southern Paiute Tribe, and the United States acting as trustee for them; (2) to authorize, ratify, and confirm the Northeastern Arizona Indian Water Rights Settlement Agreement entered into by those parties, to the extent consistent with this Act; (3) to authorize and direct the Secretary to execute and perform duties under the agreement and this Act; and (4) to authorize and appropriate funds necessary for implementation.

This section establishes definitions for terms used in the Act, including "1882 Reservation" (specified Hopi Tribe lands); "Arizona Lower Basin Colorado River Water" (2,800,000 acre-feet per year (AFY)); "Arizona Upper Basin Colorado River Water" (50,000 AFY); "Cibola Water" (Hopi Tribe entitlement to up to 4,278 AFY of Fourth Priority Water); "Central Arizona Project (CAP)"; "Effective Date" (when the Settlement Agreement is executed by at least 30 parties, including the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, State of Arizona, and others); and other terms related to Colorado River allocations, diversions, effluent, and tribal water rights.

This section ratifies the Northeastern Arizona Indian Water Rights Settlement Agreement (as modified by this Act or subsequent amendments consistent with this Act) and directs the Secretary of the Interior to execute the agreement, including exhibits requiring the Secretary's signature and any modifications to conform with this Act or Federal/State law (without further congressional approval under applicable law, including 25 U.S.C. 177). It requires the Secretary and applicable Tribe (Navajo Nation, Hopi Tribe, or San Juan Southern Paiute Tribe) to comply with the Endangered Species Act, National Environmental Policy Act, and other environmental laws in implementing the agreement (with the Tribe preparing necessary documents except for the iiná bá – paa tuwaqat’si pipeline, subject to the Secretary's independent evaluation and responsibility for accuracy); deems the Secretary's execution not a major federal action under NEPA; and pays associated compliance costs from the Navajo Nation Water Projects Trust Fund Account, Hopi Tribe Groundwater Projects Trust Fund Account, or San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account (or the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account for pipeline-related costs), with federal review costs borne by the Secretary. (As background, the agreement settles long-standing water rights claims of the three tribes in northeastern Arizona.)

This section ratifies, confirms, and declares valid the water rights of the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, Navajo Allottees, and Hopi Allottees as described in the Settlement Agreement, with uses subject to the agreement and this Act (this Act controlling in conflicts). It states Congress's intent to provide Navajo Allottees benefits equivalent to or exceeding their pre-enactment position—accounting for litigation risks and costs, funding availability, Navajo Nation water rights, and protections under 25 U.S.C. §381 (i.e., Secretary of the Interior authority to regulate equitable irrigation water distribution on reservations). The section further directs the United States to hold the following water rights in trust for these entities: (1) for the Navajo Nation and Navajo Allottees, underground water, springs, Little Colorado River tributary and mainstem water, Navajo Nation Upper Basin Colorado River water, Navajo Nation Fourth Priority water, and appurtenant trust land rights (per Settlement Agreement subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13, 4.15, and 4.16); (2) for the Hopi Tribe, underground water, surface water, springs, Hopi Tribe Upper Basin Colorado River water, and appurtenant trust land rights (per subparagraphs 5.2, 5.4, 5.5, 5.7, 5.10, 5.11, 5.12, and 5.13); (3) for the San Juan Southern Paiute Tribe, underground water, surface water, springs, and appurtenant trust land rights (per subparagraphs 6.2.3, 6.2.4, 6.2.6, 6.5, and 6.6); and (4) for Hopi Allottees, rights per subparagraph 5.9. It limits places of use for most Navajo Nation and allottee rights to the Navajo Reservation or off-reservation U.S.-held trust lands (with specified exceptions for municipal uses), prohibiting sales, leases, transfers, or off-site uses except as provided in the Settlement Agreement and Navajo Nation Water Code. (Thus, the provision settles longstanding water rights disputes among these tribes by federally confirming settlement terms, placing rights in trust, and restricting extraterritorial transfers to protect tribal water security.)

This section allocates specified Arizona Colorado River water to the Navajo Nation and Hopi Tribe pursuant to a settlement agreement, effective on the Enforceability Date, as follows: (1) to the Navajo Nation, 44,700 acre-feet per year (AFY) of Upper Basin water, an assignment of Navajo Nation Cibola Water from the Hopi Tribe, and 3,500 AFY of uncontracted Fourth Priority water reserved under the Central Arizona Project Settlement Act of 2004; and (2) to the Hopi Tribe, 2,300 AFY of Upper Basin water and an amendment to its existing Cibola contract reducing its Fourth Priority water entitlement to 4,178 AFY while expanding authorized uses and places of use. The section further authorizes the tribes to divert and use the allocated water at specified locations within Arizona (and limited locations in New Mexico and Utah for the Navajo Nation), prohibits use outside Arizona except for specified storage in New Mexico, allows storage of Upper Basin water at designated underground or groundwater savings facilities on tribal lands, and subjects Lower Basin deliveries to shortage curtailment consistent with water of the same priority (i.e., Fourth or Fifth Priority).

This section authorizes the Navajo Nation and Hopi Tribe, subject to Secretary of the Interior approval, to lease or exchange specified Colorado River water rights—including Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water—for use and storage on or off their reservations in Arizona, in accordance with applicable state water transfer laws and a specified settlement agreement. On-reservation leases are subject to tribal regulations and 25 U.S.C. 415(a) and (e) (i.e., the Long-Term Leasing Act, generally limiting leases to 25 years except for specified reservations and purposes, with 99-year business leases allowed under subsection (e)); off-reservation leases of Cibola and Fourth Priority Water are for terms up to 100 years, and of Upper Basin water up to 40 years; and exchanges are for terms specified in the agreement. (Thus, during the first 20 years after the settlement's enforceability date, the tribes may cumulatively lease up to 17,050 acre-feet per year of Upper Basin water in Arizona's Lower Basin, with further leasing authorized thereafter subject to specified project completions.)

This section directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to plan, design, and construct the iiná bá – paa tuwaqat’si pipeline—including associated power transmission facilities, substations, distribution systems, and wheeling services—substantially as Alternative 5, Option B–100 described in the Bureau of Reclamation's "Navajo-Hopi Value Planning Study—Arizona" report dated October 2020. The section requires (1) formation of a Project Construction Committee, comprising representatives from the Bureau of Reclamation, Bureau of Indian Affairs, Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribe, to assist with planning, design, construction, cost reviews, and cost reductions, with mandatory consultation during design and construction phases and discretionary reliance on committee recommendations (giving greater weight to Hopi Tribe or Navajo Nation representatives for pipeline portions they will hold title to); (2) completion of a post-enactment feasibility study, including feasibility-level design, cost estimates, and a construction phasing plan; (3) consultation with the Navajo Nation and Hopi Tribe on a potential value planning study for lower-cost modifications, with a value planning team that includes the committee and a requirement to strive for consensus among the tribes and Secretary (or Secretary decision if no consensus); and (4) a value engineering study at the 30 percent design stage per Bureau policy, with tribal-requested design modifications allowed prior to 60 percent design (subject to Bureau approval and policy) and no further modifications after 60 percent design absent Secretary action.

This section establishes a non-trust, interest-bearing account, known as the “iiná bá – paa tuwaqat’si pipeline Implementation Fund Account,” to be managed and distributed by the Secretary for carrying out this Act. The account receives deposits made available under section 13(a)(1) and is available to the Secretary for activities under section 8, including power acquisition; interest earnings on unexpended balances are authorized to be appropriated for the same purposes.

This section establishes the Navajo Nation Water Settlement Trust Fund, managed, invested, and distributed by the Secretary of the Interior consistent with the Act of June 24, 1938 (25 U.S.C. 162a), which authorizes the deposit and investment of tribal trust funds in banks (i.e., the first section of that Act), the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), and this section. The fund includes six accounts—(1) Navajo Nation Water Projects Trust Fund Account, (2) Navajo Nation OM&R Trust Fund Account, (3) Navajo Nation Agricultural Conservation Trust Fund Account, (4) Navajo Nation Renewable Energy Trust Fund Account, (5) Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account, and (6) Navajo Nation System Conservation Trust Fund Account—into which the Secretary deposits amounts made available under section 13(b)(3)(A), plus investment earnings appropriated for uses specified in this section. The Navajo Nation may withdraw funds from the accounts either (1) upon Secretary approval of a tribal management plan under the American Indian Trust Fund Management Reform Act of 1994, requiring expenditures consistent with this Act, or (2) pursuant to an approved expenditure plan detailing reasonable uses consistent with this Act; the Secretary may enforce both mechanisms judicially or administratively. Amounts in the Navajo Nation Water Projects Trust Fund Account may be used only for environmental compliance, planning, engineering activities, and construction of projects to deliver potable water to specified Navajo communities (e.g., Leupp, Dilkon, Ganado).

This section establishes the Hopi Tribe Water Settlement Trust Fund, managed, invested, and distributed by the Secretary of the Interior consistent with the first section of the Act of June 24, 1938 (25 U.S.C. 162a), the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), and this section, with amounts remaining available until expended, withdrawn, or reverted to the Treasury general fund. The fund includes five accounts—(1) Hopi Tribe Groundwater Projects Trust Fund Account, (2) Hopi Tribe OM&R Trust Fund Account, (3) Hopi Tribe Agricultural Conservation Trust Fund Account, (4) Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account, and (5) Hopi Tribe System Conservation Trust Fund Account—into which the Secretary deposits specified amounts made available under section 13(b)(3)(B), plus investment earnings authorized to be appropriated for uses under this section. The Hopi Tribe may withdraw funds via (1) an approved Tribal management plan under the 1994 Act, requiring expenditures consistent with this Act, or (2) an approved expenditure plan submitted to the Secretary, which must describe uses consistent with this Act; the Secretary may enforce both through judicial and administrative actions. Amounts in each account may be used only as follows: (1) groundwater projects account for environmental compliance, planning, design, and construction to deliver potable water to Hopi communities; (2) OM&R account for operations, maintenance, and repair costs of Hopi groundwater projects and the iiná bá – paa tuwaqat’si pipeline project; and (3) agricultural conservation account to pay [text cuts off in provided provision]. (As background, 25 U.S.C. 162a authorizes the Secretary to deposit and manage tribal trust funds in banks under prescribed rules, including interest requirements and collateral.)

This section establishes the San Juan Southern Paiute Tribe Water Settlement Trust Fund, managed, invested, and distributed by the Secretary of the Interior consistent with the first section of the Act of June 24, 1938 (25 U.S.C. 162a), the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), and this section. (As background, 25 U.S.C. 162a authorizes the Secretary to deposit and invest tribal trust funds in selected banks at reasonable interest rates, subject to federal banking regulations and collateral requirements.) The fund includes three accounts—(1) Groundwater Projects Trust Fund Account, (2) Agricultural Conservation Trust Fund Account, and (3) OM&R Trust Fund Account—funded by deposits from section 13(b)(3)(C), plus investment earnings appropriated for use under the section. The tribe may withdraw funds from any account upon Secretary approval of either (1) a tribal management plan under the 1994 Act, requiring expenditures consistent with this Act, or (2) an expenditure plan detailing uses consistent with this Act; the Secretary may enforce compliance through judicial and administrative actions. Amounts in the Groundwater Projects account may be used solely to design and construct water projects, including treatment facilities, pipelines, storage tanks, pumping stations, pressure-reducing valves, electrical transmission facilities, and related real property and easements. (Thus, the fund implements water rights settlement infrastructure for the tribe.)

This section appropriates $1,715 million from the Treasury for deposit in the iiná bá – paa tuwaqat’si Pipeline Implementation Fund Account for planning, engineering, design, environmental compliance, and construction of the pipeline, with funds generally unavailable until the Enforceability Date except for $250 million available beforehand for environmental compliance and preliminary design (subject to revising and executing the settlement agreement); if insufficient to complete the pipeline, the Navajo Nation and Hopi Tribe must supplement from their Water Settlement Trust Funds. The section also appropriates $3,421.4 million from the Treasury for deposit in the Navajo Nation Water Settlement Trust Fund ($2,876.4 million), Hopi Tribe Water Settlement Trust Fund ($515.2 million), and San Juan Southern Paiute Tribe Water Settlement Trust Fund ($29.8 million)—with funds unavailable until the Enforceability Date and allocated as follows: (1) Navajo Nation accounts—Water Projects ($2,369.2 million), OM&R ($229.5 million), Agricultural Conservation ($80 million), Renewable Energy ($40 million), Lower Basin Colorado River Water Acquisition ($28 million), and System Conservation ($129.7 million); (2) Hopi Tribe accounts—Groundwater Projects ($390 million), OM&R ($87 million), Agricultural Conservation ($30 million), Lower Basin Colorado River Water Acquisition ($1.5 million), and System Conservation ($6.7 million); and (3) San Juan Southern Paiute accounts—Groundwater Projects ($28 million), OM&R ($1.5 million), and Agricultural Conservation ($300,000). Finally, the section reserves 50% of the Navajo Nation and Hopi Tribe Water Settlement Trust Funds unavailable for withdrawal (except as specified) until completion of the pipeline's feasibility-level design and estimate, to supplement the Pipeline Implementation Fund Account if needed.

This section authorizes the Navajo Nation, on behalf of itself and its members (excluding members as Navajo allottees), and the United States, acting as trustee for the Navajo Nation and its members (excluding members as Navajo allottees), to execute waivers and releases of all past, present, and future claims for water rights (including Colorado River water), injuries to water rights, and injuries to water for Navajo land or based on aboriginal occupancy against the State of Arizona (or its agencies or subdivisions), the Hopi Tribe, Hopi allottees, San Juan Southern Paiute Tribe, and others, as well as claims related to the negotiation, execution, or adoption of the Settlement Agreement or this Act. The waivers and releases, in the form specified in Exhibit 13.1 to the Settlement Agreement, take effect on the enforceability date but retain rights to (1) enforce Navajo Nation rights under the Settlement Agreement or this Act; (2) rights under the Lower Colorado River Decree and Gila River Adjudication Decree; (3) specified water rights in the Lower Colorado River and Gila River Basins; and (4) object to or assert injury claims against water rights of other Indian tribes (excluding the Hopi Tribe, San Juan Southern Paiute Tribe, and Zuni Tribe) or the United States acting on their behalf. This section further authorizes the United States, acting as trustee for Navajo allottees, to execute waivers and releases of similar claims against the State of Arizona (or its agencies or subdivisions), the Navajo Nation, Hopi Tribe, Hopi allottees, San Juan Southern Paiute Tribe, and others. (Thus, these waivers provide finality for water rights claims among the specified parties in exchange for the settlement's quantified rights and infrastructure, subject to retained enforcement mechanisms.)

This section provides that benefits under the Settlement Agreement are in complete replacement of, substitution for, and full satisfaction of (1) claims waived by the Navajo Nation on behalf of itself and members (not as allottees) under Exhibits 13.1 and 13.3, and claims waived by the United States as trustee for Navajo allottees or similar claims by allottees under Exhibit 13.2; (2) parallel claims waived by the Hopi Tribe on behalf of itself and members (not as allottees) under Exhibits 13.6 and 13.8, and claims waived by the United States as trustee for Hopi allottees or similar claims by allottees under Exhibit 13.7; and (3) claims waived by the San Juan Southern Paiute Tribe on behalf of itself and members. The section further specifies that water entitlements of these entities and the United States as trustee—for Navajo Land (Nation and members not as allottees), Navajo Allotments (allottees), Hopi Land (Tribe and members not as allottees), and Hopi Allotments (allottees)—are satisfied by water resources and other benefits granted, confirmed, quantified, or recognized in the Settlement Agreement and this Act. Notwithstanding these provisions, nothing in the Settlement Agreement or Act recognizes or establishes water rights for members of the Navajo Nation (not as allottees) on Navajo Land or members of the Hopi Tribe (not as allottees) on Hopi Land.

This section establishes conditions for the Settlement Agreement—including waivers and releases of claims—to become fully enforceable upon the Secretary of the Interior's publication of a statement of findings in the Federal Register confirming that (1) the agreement has been amended to eliminate conflicts with this Act and incorporate executed water delivery contracts as exhibits; (2) the amended agreement has been executed by the United States and at least 30 specified parties, including the Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, Arizona, and designated water districts; (3) required exhibits and waivers have been executed; (4) $5,136,400,000 has been authorized, appropriated, and deposited pursuant to section 13; (5) the Lower Colorado River (LCR) Decree and Gila River Adjudication Decree have been court-approved substantially as specified exhibits; (6) the San Juan Southern Paiute Tribe and Navajo Tribal Utility Authority have executed a municipal water services agreement; and (7) the three tribes have enacted resolutions waiving sovereign immunity as described in section 18. (As background, the Settlement Agreement resolves long-standing disputes over tribal water rights in the Little Colorado River Basin, which encompasses the Navajo, Hopi, and San Juan Southern Paiute reservations in Arizona; the LCR and Gila River decrees quantify those rights and allocate water among users.) If the Secretary fails to publish the statement by June 30, 2035—or a later date agreed by the tribes, Secretary, and Arizona—this Act is repealed; related actions, contracts, and agreements are voided; the United States may offset specified funds against tribal claims; and appropriated amounts (less section 9 expenditures) revert to the Treasury. Section 19—establishing and preserving the San Juan Southern Paiute Reservation—takes effect upon enactment and remains in force notwithstanding such failure. (Thus, the settlement's core water rights, funding, and releases are contingent on all conditions, but the Paiute reservation is protected regardless.)

This section establishes accounting rules for specified deliveries of Navajo Nation and Hopi Tribe Colorado River water in Arizona, treating them as Arizona Upper Basin or Lower Basin water for purposes of the Colorado River Compact (i.e., 1922 interstate compact dividing the river at Lee Ferry into Upper and Lower Basins with 7.5 million acre-feet apportioned to each) and the U.S. Supreme Court Decree. Specifically, it provides that (1) all Navajo Nation Cibola Water and Fourth Priority Water, and all Hopi Tribe Cibola Water, diverted above Lee Ferry in Arizona are accounted as Arizona Lower Basin water and credited as passing Lee Ferry; (2) Navajo Nation and Hopi Tribe Upper Basin water diverted in Arizona, New Mexico, or Utah (for Navajo) or Arizona (for Hopi) is accounted as Arizona Upper Basin water, subject to use within reservation boundaries or via connected facilities; (3) Arizona Upper Basin water leased to the tribes is accounted as Arizona Upper Basin water (with no Lee Ferry credit if diverted below Lee Ferry); and (4) Arizona Lower Basin water leased to the tribes is accounted as Arizona Lower Basin water (with Lee Ferry credit if diverted above Lee Ferry in Arizona). The section further provides special rules overriding prior law (section 10603(c)(2)(A) of the Northwestern New Mexico Rural Water Projects Act) to credit specified Cibola and Fourth Priority waters as reaching Lee Ferry, charge them against the Lower Basin apportionment under Compact article III(a), and charge them against Arizona's 2,800,000 acre-feet apportionment under paragraph II(B)(1) of the Decree. (Thus, these consumptively used waters count toward Arizona's Lower Basin share.) Finally, this section directs the Secretary, before delivering specified Upper Basin tribal water in Arizona's Lower Basin or diverting specified Lower Basin tribal water in the Upper Basin, to develop or modify—as necessary and in consultation with Arizona and other basin states—operational criteria, policies, contracts, guidelines, or other documents for Colorado River System reservoirs and diversions, consistent with specified prior law and applicable only during such diversions.

This section establishes limited waivers of sovereign immunity for (1) the Navajo Nation and the United States acting as trustee for the Navajo Nation and Navajo allottees, (2) the Hopi Tribe and the United States acting as trustee for the Hopi Tribe and Hopi allottees, and (3) the San Juan Southern Paiute Tribe and the United States acting as trustee for that tribe, permitting them to be joined as parties in specified actions. The waivers—consented to by tribal council resolutions dated May 2024 (Nos. CMY–26–24 for Navajo, H–035–2024 for Hopi, and 2024–040 for San Juan Southern Paiute)—apply solely to actions in courts of competent jurisdiction brought by (A) parties to the Settlement Agreement to interpret or enforce this Act or the Settlement Agreement or (B) landowners or water users in the LCR Watershed (or, for Navajo, the Gila River Watershed) to interpret or enforce paragraph 13 of the Settlement Agreement, the LCR Decree (or Gila River Adjudication Decree for Navajo), or section 14, provided no money damages, court costs, or attorney fees are sought. (Thus, the waivers enable judicial resolution of settlement disputes without exposing the tribes or United States to financial liability.)

This section ratifies a specified treaty and addendum between the Navajo Nation and the San Juan Southern Paiute Tribe; authorizes and directs the Secretary of the Interior to implement the treaty and this Act, including approval of agreed amendments without further congressional action; and proclaims approximately 5,400 acres of land within the Navajo Indian Reservation as the San Juan Southern Paiute Reservation, to be held in trust by the United States for the exclusive benefit of the San Juan Southern Paiute Tribe, subject to specified access rights and easements. The section further (1) directs the Secretary to survey, legally describe, mark, and fence the reservation boundaries as soon as practicable after enactment; publish the descriptions in the Federal Register; and study feasibility of an access road from U.S. Route 89; (2) repeals allotment procedures under section 9 of Public Law 93-531 (88 Stat. 1716); and (3) disclaims any reservation of water rights for the lands in Utah. Upon Federal Register publication of boundary notices, the San Juan Southern Paiute Tribe assumes full jurisdiction over the reservation to the extent permitted by federal law, with Navajo Nation jurisdiction limited to matters agreed by both tribes.

This section authorizes the Secretary of the Interior to treat, store, and convey up to 12,000 acre-feet per year (AFY) of Navajo Nation Upper Basin Colorado River water—designated as non-Project water and in addition to the existing 6,411 AFY of Navajo-Gallup Water Supply Project (NGWSP) water—for use in specified areas of New Mexico using NGWSP facilities, subject to specified protections under the Northwestern New Mexico Rural Water Projects Act (P.L. 111-11). (The NGWSP, authorized by P.L. 111-11, delivers San Juan River water via Bureau of Reclamation infrastructure to Navajo communities and the city of Gallup in northwest New Mexico.) The section further (1) increases the NGWSP's authorized capacity by up to 12,000 AFY, with all associated construction and operation costs borne solely by the Navajo Nation; (2) requires agreement among the Navajo Nation, New Mexico, and the Secretary for any NGWSP completion deadline extensions due to this use, along with compliance with existing Project participant protections; (3) mandates Navajo Nation approval from the Bureau of Reclamation Commissioner for final designs and coordination on related connection facilities; and (4) prohibits use of NGWSP funding for designing, constructing, operating, or maintaining infrastructure to convey the additional water.

This section provides savings provisions clarifying that the act (1) does not quantify or affect water rights or claims of other Indian tribes, bands, communities, or public domain allottees (except as specified in the settlement agreement) or the United States' ability to act on their behalf; (2) includes an antideficiency provision limiting U.S. liability absent express congressional appropriations; (3) does not modify, conflict with, preempt, or affect specified Colorado River laws and compacts (e.g., Boulder Canyon Project Act, Colorado River Compact, Upper Colorado River Basin Compact of 1948); (4) sets no precedent for Upper-to-Lower Basin Colorado River water transfers or quantification of other federal reserved or Indian water rights; (5) recognizes unique circumstances (e.g., critical tribal and non-Indian needs, lack of alternatives, limited diversions) justifying iiná bá–paa tuwaqat’si pipeline and Navajo-Gallup Water Supply Project uses of Arizona Upper Basin Colorado River water in the Lower Basin; and (6) preserves existing consumptive use rights under the Colorado River Compact and related decrees.