U.S. Legislative Updates:

Updated: March 5, 2025

• S.640
• Title: A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, to amend the Claims Resolution Act of 2010 to make technical corrections to the Taos Pueblo Water Development Fund and Aamodt Settlement Pueblos’ Fund, and for other purposes.
• S.689
• Title: A bill to approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
• S.241
• Title: A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• S.240
• Title: A bill to amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
• S.546
• Title: A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes.
• S.562
• Title: A bill to approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San Jose Stream System and the Pueblos of Jemez and Zia in the Rio Jemez Stream System in the State of New Mexico, and for other purposes.
• S.563
• Title: A bill to approve the settlement of water rights claims of Ohkay Owingeh in the Rio Chama Stream System, to restore the Bosque on Pueblo Land in the State of New Mexico, and for other purposes.
• S.564
• Title: A bill to approve the settlement of water rights claims of the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico, to protect the Zuni Salt Lake, and for other purposes.
• S.565
• Title: A bill to approve the settlement of water rights claims of the Navajo Nation in the Rio San Jose Stream System in the State of New Mexico, and for other purposes.
• S.637
• Title: A bill to amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
• S.640
• Title: A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, to amend the Claims Resolution Act of 2010 to make technical corrections to the Taos Pueblo Water Development Fund and Aamodt Settlement Pueblos’ Fund, and for other purposes.

• H.R.635
• Title: WaterSMART Access for Tribes Act / To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
• H.R.907
• Title: To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• H.R.635
• Title: To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
• H.R.726
• Title: To amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
• H.R.907
• Title: To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• H.R.1444
• Title: To approve the settlement of water rights claims of the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico, to protect the Zuni Salt Lake, and for other purposes.

Updated: March 5, 2025

Perank, et al. v. United States
Materials via Turtle Talk
2025 WL 552063
Case No. 2:20-cv-00712-JNP-CMR
United States District Court, D. Utah.
February 19, 2025

Legal Topics: Federal Tort Claims Act (FTCA); Loss of Water

United States, et al. v. State of Washington, et al.2025 WL 388414
Case No. C70-9213RSM
SUBPROCEEDING NO. 24-01 RSM
United States District Court, W.D. Washington.
February 4, 2025

Legal Topics: Treaty Fishing Rights; Usual and Accustomed Fishing Places; Skagit River

• One petition for certiorari was denied on 11/4/24: San Carlos Apache Tribe v. Arizona, et al. (24-349) (Mining permit under Clean Water Act regulations). The Tribal Supreme Court Project published an Update Memorandum on October 21, 2024: https://sct.narf.org/updatememos/2024/10-21-2024.pdf

Updated: March 5, 2025

PROPOSED RULE; WITHDRAWAL
Environmental Protection Agency (EPA).
(1/10/25)

Federal Baseline Water Quality Standards for Indian Reservations; Withdrawal of Proposed Rule
90 FR 1909

SUMMARY: The Environmental Protection Agency (the EPA or agency) is withdrawing the proposed rule entitled “Federal Baseline Water Quality Standards for Indian Reservations,” which published in the Federal Register on May 5, 2023. The EPA is electing to withdraw and not finalize the proposed rule at this time. Instead, the EPA intends to focus the agency’s resources on engaging with Tribes to support Tribes’ efforts to seek authority to administer their own water quality standards (WQS) program under the Clean Water Act’s provision for eligible Tribes to be treated in a similar manner as states (TAS). The EPA will continue to work closely with, and offer support to, Tribes that are interested in pursuing TAS to administer a WQS program and developing their own WQS under the Clean Water Act.

Updated: March 5, 2025

• Arizona v. Navajo Nation : Leaving a trickle of hope for water security on the Navajo reservation. Whiteman Runs Him, Heather  (2025)
• The Navajo Nation and the Colorado River : Their current statuses and the Tribe’s path forward. Gregg, Colton  (2025)
• A brief look at the legal history and current laws surrounding salmon in Washington. Choi, Anthony  (2025)
• First in time since time immemorial : Tribal instream rights undercut water taking claims. Kibel, Paul Stanton ,  Wang, L. Victoria  (2025)
• The erosion of trust : Arizona v. Navajo, climate change, and the potential abrogation of tribal water rights.  Palermo, Taino  (2025)
• “Major Funding Secured for Clean Drinking Water and Sanitation Infrastructure on Tribal Lands Through the Investing in America Agenda” Jan. 8, 2025 (Major Funding Secured for Clean Drinking Water and Sanitation Infrastructure on Tribal Lands Through the Investing in America Agenda | Global Water Institute)
• “Indian Affairs announces $42 million from President’s Investing in America agenda for Tribal dam safety, water and power projects” Indian Affairs announces $42 million from President’s Investing in America agenda for Tribal dam safety, water and power projects | Indian Affairs
• “Water Out of Nowhere: Technological Solutions to a Legal Failure on Salt River Reservation, 1910 – 1939”https://brooklynrail.org/2018/01/river-rail/Water-Out-of-Nowhere-Technological-Solutions-to-a-Legal-Failure-on-Salt-River-Reservation-1910-1939/
• “Dems Demand Halt To Trump Admin’s Tribal Program Cuts – Law360” – https://www.law360.com/nativeamerican/articles/2305711?nl_pk=6c220650-8024-4d32-ab0b-c37ffdef57e5&utm_source=newsletter&utm_medium=email&utm_campaign=nativeamerican&utm_content=2025-03-05&read_main=1&nlsidx=0&nlaidx=3