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CONCURRENT RESOLUTION REGARDING NAVAJO WATER

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RIGHTS SETTLEMENT AGREEMENT

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2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: David P. Hinkins

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House Sponsor: Phil Lyman

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8     LONG TITLE
9     General Description:
10          This concurrent resolution of the Legislature and the Governor declares support for the
11     negotiated settlement agreement of federal reserved water rights claims between
12     representatives of the Navajo Nation, the United States, and the state of Utah.
13     Highlighted Provisions:
14          This resolution:
15          ▸     declares support for the negotiated settlement agreement of federal reserved water
16     rights claims, particularly the state of Utah/Navajo Nation Reserved Water Rights
17     Settlement Agreement proposed by a negotiating committee composed of
18     representatives of the Navajo Nation, the state of Utah, and the United States.
19     Special Clauses:
20          None
21     

22     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
23          WHEREAS, the Governor of Utah and the President of the Navajo Nation, by a
24     memorandum of understanding dated August 13, 2003, agreed to jointly explore settlement of
25     federal reserved water right claims for the portion of the Navajo Nation located in southeastern
26     Utah;
27          WHEREAS, representatives of the state of Utah, the Navajo Nation, and the United
28     States have negotiated a proposed settlement agreement in good faith;
29          WHEREAS, the proposed settlement agreement creates a water development fund that

30     will finance future projects that will supply drinking water to those portions of the Navajo
31     Nation located within Utah;
32          WHEREAS, the proposed settlement agreement involves an amount of water and other
33     provisions to minimize the impact of the settlement agreement on Utah water rights,
34     particularly municipal rights, and to assure that the water needed for the settlement agreement
35     fits within Utah's allocation from the Colorado River;
36          WHEREAS, in exchange for providing most of the funds for construction of the
37     drinking water projects that the settlement agreement contemplates, the United States receives
38     a valuable waiver of claims related to water and lands located within Utah;
39          WHEREAS, when the settlement agreement is ratified by the Legislature, the Navajo
40     Nation, and the United States Congress, it will have the effect of law to resolve all
41     controversies with regard to water right claims by the Navajo Nation and its members in Utah;
42          WHEREAS, this resolution does not constitute the Legislature's ratification of the
43     settlement agreement;
44          WHEREAS, in consideration of the promises made in and the value received from the
45     settlement agreement, the state of Utah will be required to contribute to the water development
46     fund identified in the settlement agreement;
47          WHEREAS, the amount of the state of Utah's contribution is currently projected to be
48     approximately $8 million;
49          WHEREAS, the state of Utah has established a Navajo Water Rights Negotiation
50     Account, into which money has been deposited in anticipation of the settlement agreement's
51     ratification;
52          WHEREAS, at the present time, the Legislature prefers not to encumber additional
53     funds for the settlement agreement, recognizing these funds will likely not be expended during
54     the upcoming fiscal year;
55          WHEREAS, the state of Utah maintains a rainy day fund that contains sufficient money
56     that could be used to fulfill its settlement agreement obligations, if necessary; and
57          WHEREAS, in the 116th Congress, Congressman Rob Bishop has introduced H.R. 644

58     "Navajo Utah Water Rights Settlement Act of 2019" to ratify the settlement agreement on
59     behalf of the United States Congress:
60          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
61     Governor concurring therein, declares support for the negotiated settlement agreement of
62     federal reserved water rights claims, particularly the state of Utah/Navajo Nation Reserved
63     Water Rights Settlement Agreement proposed by a negotiating committee composed of
64     representatives of the Navajo Nation, the state of Utah, and the United States.
65          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
66     the United States, the Majority Leader of the United States Senate, the Speaker of the United
67     States House of Representatives, the President of the Navajo Nation, the Navajo Nation
68     Council, the Navajo Nation Department of Justice, and the members of Utah's congressional
69     delegation.
70          BE IT FURTHER RESOLVED that the Legislature and the Governor encourage Utah's
71     congressional delegation to use their best efforts to enact legislation to ratify and fund the
72     settlement agreement.