Background

The Navajo Nation is the largest land mass held by any native tribe in the United States and spans across three states (Arizona, New Mexico, and Utah) as well as borders Colorado (Figure 1).¹ The climate of the Nation is primarily arid with only about 10 inches of rainfall annually and the main water resources of the Nation are the Colorado River, the Little Colorado River, the Rio San Jose River, and the Zuni River as well as Colorado Plateau Aquifer.² The Nation is home to approximately 173,637 people–with 97% of residents identifying as registered members of the tribe.³ As the reservation is lacking both small and large-scale infrastructure, this leaves many residents without direct access to clean, reliable drinking water in their homes.⁴ The inability to access water also has a direct impact on economic development, health, and sustained poverty on the reservation.

Water Systems in Navajo Nation

Many Native tribes across the country are lacking the necessary large-scale infrastructure to provide their residents with access to clean and safe water systems. The Navajo Nation, unfortunately, is no exception to this. Both a lack of infrastructure and the inability to create a large-scale formal water grid are perhaps the biggest barriers that the Navajo Nation faces. Bearing this in mind, the Nation does have several local and federal agencies that manage water supply and access for parts of the Navajo population as well as infrastructure projects in the pipeline. 

The Navajo Tribal Utility Authority (NTUA) is the main water supplier in the Nation and also is the largest multi-utility enterprise owned and operated by an American Indian tribe.⁵ NTUA is a non-profit enterprise of the Navajo Nation, meaning it is public and owned by the people. For the areas of the Nation that are connected to the NTUA network, NTUA supplies the utilities of electricity, drinking water, wastewater, natural gas, and off-grid solar services. 

In addition to the NTUA, the Department of Water Resources (DWR) sits within the Navajo Nation’s government operations. DWR manages and protects water resources in the nation at a high level through monitoring, research, and planning. DWR also provides support on water rights litigation and negotiation and is the point agency on the water for the needs of ranchers and farmers.⁶ 

Federal agencies, such as the Bureau of Indian Affairs, the Indian Health Service (IHS), and the Environmental Protection Agency (EPA) also provide support in the management, access, and quality of the Navajo Nation’s water. These agencies work to enhance the availability of safe drinking water by expanding the reach of public water systems and by improving the accessibility of safe drinking water for those who frequently transport or haul water.⁷ NTUA and IHS have regulated water hauling points throughout the Nation, however, there are a large number of residents who haul water from unregulated water points or sources. In an effort to gain access to water, many homes across the Nation have put in unsanctioned wells (Figure 2). As discussed earlier, the Navajo Nation sits on top of the Colorado Plateau Aquifer and unfortunately, this water is not the best quality and needs purification that is often not used in well systems. This is partly due to the geology and the effects of historic mining. The National Park Service (NPS) reports that the principal aquifers in the Colorado Plateau region are made of sandstone, a permeable rock where groundwater moves through cracks and within porous spaces and a majority of the deeper groundwater within this aquifer is saline, which requires significant treatment for drinking or agricultural use.⁸ While having a personal well on one’s property seems like it would be beneficial, the uranium and arsenic contamination from mining (history further explained below) along with the saline from within the aquifer, means that residents would have to be fairly rigorous to create potable quality water.

The Nation is actively trying to build large-scale water infrastructure projects to help this lack of access in homes (for example, the most recent major infrastructure project, the Navajo-Gallup Project). The Navajo-Gallup Project started in 2012 and is expected to be completed in 2029. The project includes 300 miles of pipeline, 19 pumping sites, and 2 drinking water treatment plants–all located in New Mexico and using supply from the San Juan River. The Cutteral Lateral Reach 21 plant was finished in 2020 and serves the eastern portion of the Navajo Nation. The San Juan Lateral is anticipated to be completed in 2028.⁹ While the comprehensive review of existing infrastructure and creation of new infrastructure is necessary, it will not solve the Nation’s water scarcity problems entirely and many scales of interventions should be considered.

Water Issues Impacting the Navajo Nation 

Water is deeply entrenched in the spirit, governmental duties, and daily life of the Navajo people. In Navajo culture, there is a saying “Tó éí ííńá” or “Water is life.”¹⁰ The Navajo Nation faces significant challenges as it’s related to water access, quality, and infrastructure. According to the Navajo Nation Department of Water Resources, approximately 30% of the population does not have access to clean, reliable drinking water and many communities rely on unregulated or contaminated water sources.¹¹ This lack of access to clean water is particularly acute in remote areas of the reservation, where infrastructure is often inadequate or non-existent (Figure 3). While it is widely known that there are negative health impacts associated with consuming contaminated water, the lack of access to clean water also has broader social and economic impacts. For example, limited access to clean water can make it more difficult for Navajo residents to engage in traditional agricultural practices, which are an important part of Navajo culture and livelihoods.

Lack of access to water in the Navajo Nation extends back to colonialism and a history of disinvestment from the US government. The Navajo Nation Water Rights Commission (NNWRC) was established under the Executive Branch of the Navajo Nation Government, and its mission is, “to ensure that the water rights of the Navajo Nation are vigorously pursued, effectively coordinated and to enhance the communication between all entities engaged in water rights efforts on behalf of the Navajo Nation.”¹² More simply put, the NNWRC was established to address the impacts of historical injustices and to advocate for the Navajo Nation’s water rights. The Commission works to coordinate efforts between the Navajo Nation, neighboring states, and the federal government to ensure that the Navajo Nation’s water rights are protected.

The Supreme Court case, Winters v. United States, has played a significant role in determining water rights for Native American tribes, including the Navajo Nation. The case, which was decided in 1908, established the “Winters Doctrine,” which codified that Native American tribes have a reserved right to water that is necessary for their economic and cultural survival.¹³ This doctrine has been used in subsequent cases to determine water rights for Native American tribes, including the Navajo Nation. The NNWRC states that the Nation possesses extensive water rights but that their rights are largely unquantified. Further, the Navajo Nation claims “aboriginal, historic, appropriative and reserved rights to the use of all the water necessary for the Navajo Reservation to be the permanent homeland for the Navajo people.”¹⁴ Currently, The Navajo Nation’s water rights are in the balance as the supreme court case Arizona v. Navajo Nation is decided (more on this below).

Unfortunately, the Nation’s water issues extend beyond just the right to water and also include poor quality. From 1944 to 1986, nearly 30 million tons of uranium ore were extracted from Navajo lands, and as a result, the Environmental Protection Agency (EPA) reports that there are over 500 abandoned uranium mines across Navajo Nation.¹⁵ This extensive mining practice led to both uranium and arsenic leaching into the groundwater supply. This leeching is serious and harmful as uranium and arsenic exposure can lead to a variety of negative health impacts, including bone cancer or impaired kidney function from exposure to radionuclides in drinking water.¹⁶ In 2007, multiple federal agencies came together to develop a 5-year plan to address uranium contamination in consultation with the Navajo Nation EPA (NNEPA).¹⁷ Since 2007, a new, updated plan has been released every several years with the most recent plan being the 2020-2029 Ten-Year Plan.¹⁸ While there have been many efforts to clean up the abandoned uranium mines on the surface, more attention needs to be directed to the mining’s effect on the Nation’s groundwater resource.

Despite historic disinvestment, the Navajo Nation is doing fairly well with what they have available to them. In February 2023, the Biden administration announced that the Navajo Nation would receive over $175 million of federal investment in drinking water infrastructure; $137 million dedicated to the Navajo-Gallup Project, and a separate settlement of $39 million for San Juan County, Utah.¹⁹ This investment, while a step in the right direction on behalf of the federal government, is not nearly enough and does not address the physical scarcity that the Nation is facing. As of March 2023, the allocation of the Nation’s water rights is an ongoing conversation within the US Supreme Court in the case of Arizona v. Navajo Nation. Specifically being contested is the right to the use of the Colorado River, while the Southwest of the United States continues to experience serious drought.

As was previously mentioned, the Navajo Nation’s water rights are largely unquantified, despite the ruling of the Winters Doctrine. It is worth mentioning, once again, that the Navajo Nation claims “aboriginal, historic, appropriative and reserved rights to the use of all the water necessary for the Navajo Reservation to be the permanent homeland for the Navajo people.”²⁰ The catch in this is ‘the use of all the water necessary’. In the case of Arizona v. Navajo Nation, the Nation is asking the court to reassess the tribe’s level of need, given that they have historically only had access to the tributary, not the main stem, of the Colorado River.²¹ If the Court sways toward the Navajo Nation, the federal government will need to take a stronger approach to managing tribal water rights, however, if the Court sways towards Arizona, the Navajo Nation may not be able to advocate for itself fully. A decision on this case is anticipated no later than June 2023, and there is no doubt that whichever way the Court rules will forever impact the Navajo Nation.

Successful Precedent Programs

Before sharing a proposed new intervention for the nation, we wanted to share highly successful programs on the reservation. Government agencies and community organizations are working tirelessly to instate programs that offer residents access to water–below are two of the most influential programs helping Navajo Nation residents access water:

• Navajo Safe Water Program: The Navajo Safe Water (NSW) program is working to bring safe drinking water to Navajo Nation’s residents without piped water access in the homes. Born out of the COVID-19 pandemic, the program identified the strain that was put on residents who could not access water in their homes and has been funded through COVID-19 relief, specifically the Indian Health Services CARES Act. The program is overseen by the Navajo Nation COVID-19 Water Coordination Group (WACG) which is made up of several government departments, a few non-profits, and local universities. There are many initiatives that make up the program, including supplying water storage systems to residents, distribution of water disinfection tablets, public outreach, and finally its cornerstone: the implementation of 58+ transitional water points. The biggest success of the program has been NSW’s increase of transitional water sites across the reservation (Figure 4). Since the program began, the Navajo Safe Water project has helped decrease the average distance of these water access points from 52 miles to 17–with a drive time savings of 38 minutes.²²
• The Navajo Water Project: The Navajo Water Project (NWP) is an indigenous-led, community-based organization that began its work in 2014 and is an offshoot of the national non-profit, DIGDEEP. The project is a community-managed utility alternative that works to bring “hot and cold running water to homes without access to water or sewer lines” (Figure 5).²³ NWP does this by installing off-grid home water systems–a process that reportedly takes only 24 hours. NWP’s water technicians plumb homes with a sink, water heater, filter, and drain line, and also install solar power and lights.²⁴ From there, water trucks fill the home water tanks, and technicians train homeowners on how to make simple repairs on their system, should anything go wrong.

Both of these projects are wonderful examples of creative infrastructure tools for bringing water to Navajo Nation residents, however, it is important to note that their funding sources may be constrained. The Navajo Safe Water program is currently funded by temporary CARES COVID-19 relief funding and the Navajo Water Project is a non-profit reliant on donations and grants, but more systematic funding and support is needed to solve the Nation’s water crisis.

Recommended Interventions

While we believe the Nation is doing a wonderful job under the circumstances of fighting for their water rights and life-altering drought in the Southwest, there are other interventions that the Nation could consider to bolster the mission to get clean, safe water to all residents.

That being said, prior to any intervention, it is recommended that the Navajo Nation complete a comprehensive review of its water portfolio. It would be wise to frame the portfolio in two ways: 

• Surface water vs. groundwater
• Potable water vs. non-potable

In particular, it would be helpful to analyze whether potable water is being used in instances where gray water or purple pipes could suffice, such as in irrigation. Further, while completing a comprehensive review of the water portfolio, the Nation should better identify which homes are not connected to a formal water grid. Given the size of the Nation, this would be a big effort, yet a worthwhile long-term goal. Once identified, agencies such as the NTUA could know specific homes to prioritize with the rollout of the subsequently recommended interventions. 

In light of the contention around the Nation’s Colorado River rights and the poor health of the groundwater, we ultimately recommend that the Nation invest in and install community water ATMS, as well as, develop a household-level water testing & treatment program for wells. The cornerstone of these initiatives would be utilizing reverse osmosis (RO) technology to effectively clean a large portion of the saline, uranium, and arsenic contaminants left over from mining, and due to the geology of the area. Public health agencies (WHO and the National Institute of Health) report that through RO, 90-99% of uranium, 80-99% of arsenic, and 90-99% of saline can be removed from water.²⁵ RO is also a process that can be undergone multiple times. We believe that RO can help make groundwater a more reliable resource; diversify the Nation’s water portfolio from surface water; make groundwater healthier for those using private wells; and allow those without piped water access to tap into a more extensive water ATM system. 

This two-pronged intervention includes: 

• Installing community water ATMS for those not on water infrastructure 
• A testing and treatment program for those with piped contaminated water. 

As presented above, the transitional water access points are not only a precedent for the ATMS, but this intervention could expand that program. Water ATMs are relatively newer technologies, but have been used in countries around the world including India, Ghana, Uganda, and Bangladesh. In Ghana, a study found that water ATMs provided more “reliable, flexible, and convenient (time-saving) access than former or competing types of off-grid water provision in the community”.²⁶ Likewise, in Uganda, Denis Kimbugwe, founder of the Pure Produces — Sparkles Water initiative, claims, “Long-term, the sales of water through water ATMs will be commercially viable and sustainable, improving the livelihoods of many people because the selling prices are about 40% of the market price of bottled water.”²⁷ Water ATMS have proven to be successful programs for those lacking a formal, large-scale water grid and we believe the Nation is a good fit for this infrastructure.

As for the households, a testing program could identify contaminated wells and personal RO machines could be installed in homes that already have the piped infrastructure. 

This intervention would ideally tackle three subsets of the population (it is important to note that there is likely to be some overlap between these groups): 

• Those who are lacking piped access (approximately 30% of the population);
• Those who are on private wells with contaminated water (population subset not known); and
• 40% of the nation who does haul water²⁸

Further, we would recommend that this intervention should be rolled out first in the Nation’s chapters that have less access to piped water and are in close proximity to abandoned mines or contaminated wells (Figure 6). For example, the following chapters have high numbers of homes without piped access and are close to abandoned mines: Kayenta, Chinle, and Tsaile-Wheatfields. These chapters could be considered a high priority when implementing these interventions. 

The NTUA appears to be a reliable and strong issuer of utilities across the reservation, therefore, instead of fracturing efforts, it would be wise to continue using their services to implement and maintain these interventions. For water ATMs, the Navajo Nation tribal government, in conjunction with the NTUA could designate an affordable pricing scheme to encourage buy-in and usage. For the homes that are currently piped with private well water that may be contaminated, the NTUA could install and manage the RO systems as well as come up with an affordable groundwater pricing system.

With the Navajo Nation’s right to water access in the Colorado River being actively contested in court, it is crucial that no matter the decision, the Navajo Nation consider alternative solutions to gaining access to clean drinking water that could eventually be more sustainable than pulling from the already dwindling supply of river water and we believe tapping into a healthier groundwater supply could be one piece of the puzzle.

Endnotes 

1. Indian Health Service. “Navajo Nation: History – The People,” n.d. https://www.ihs.gov/navajo/navajonation/.
2. Ingram, Jani C., Lindsey Jones, Jonathan Credo, and Tommy Rock. “Uranium and Arsenic Unregulated Water Issues on Navajo Lands.” Journal of Vacuum Science & Technology A 38, no. 3 (May 2020): 031003. https://doi.org/10.1116/1.5142283, Office of Environmental Policy and Compliance. “Water Security on the Navajo Nation.” https://storymaps.arcgis.com/stories/591cdbfe18eb4aaea687139fc10c0c90.
3. Navajo Nation Wind. “Navajo Nation Profile.” https://navajoprofile.wind.enavajo.org/.
4.  “Navajo Nation Department of Water Resources.” https://nndwr.navajo-nsn.gov/.
5. Navajo Tribal Utility Authority. “Navajo Tribal Utility Authority,” n.d. https://www.ntua.com/.
6. Navajo Nation Department of Water Resources. “Navajo Nation Department of Water Resources,” n.d. https://nndwr.navajo-nsn.gov/.
7.  EPA. “Abandoned Mines Cleanup,” n.d. https://www.epa.gov/navajo-nation-uranium-cleanup/abandoned-mines-cleanup.
8.  National Park Service. “Water Resources on the Colorado Plateau,” n.d. https://www.nps.gov/articles/000/water-on-the-colorado-plateau.htm#:~:text=The%20principal%20aquifers%20in%20the,pore%20spaces%20in%20the%20rock.
9. Bureau of Reclamation. “Navajo-Gallup Water Supply Project,” n.d. https://www.usbr.gov/projects/index.php?id=580.
10.  Massachusettes Institute of Technology: Terrascope. “Water Is Life: Tradition and Transition in the Navajo Nation.” Massachusettes Institute of Technology: Terrascope (blog). https://terrascope.mit.edu/radio/water-is-life-tradition-and-transition-in-the-navajo-nation/.
11. “Navajo Nation Department of Water Resources.”  https://nndwr.navajo-nsn.gov/.
12.  “Navajo Nation Water Rights Commission,” https://nnwrc.navajo-nsn.gov/.
13.  “Winters v. United States, 207 U.S. 564 (1908),” https://supreme.justia.com/cases/federal/us/207/564/.
14. “Navajo Nation Water Rights Commission,” https://nnwrc.navajo-nsn.gov/.
15.  EPA. “Abandoned Mines Cleanup,” n.d. https://www.epa.gov/navajo-nation-uranium-cleanup/abandoned-mines-cleanup.
16. Ibid.
17. Ibid.
18.  Navajo Nation Water Rights Commission. https://nnwrc.navajo-nsn.gov/. 
19. Suman Naishadham. “Navajo Nation Will Get $39 Million for Drinking Water Project in San Juan County,” n.d. https://www.sltrib.com/news/2023/02/02/navajo-nation-will-get-39/.
20. “Navajo Nation Water Rights Commission,” https://nnwrc.navajo-nsn.gov/.
21. Here & Now Anytime Podcat. “Navajo Nation Goes to Supreme Court over Water,” n.d. https://www.npr.org/2023/03/20/1164740125/navajo-nation-goes-to-supreme-court-over-water-chineke-orchestra-on-tour.
22. Ibid.
23. “About Navajo Water Project.” Navajo Water Project. Accessed March 1, 2023. https://www.navajowaterproject.org/project-specifics. 
24. Ibid.
25. “How To Remove Uranium From Drinking Water.” Earth Water Alliance, https://www.earthwateralliance.org/filtering-systems-for-uranium-and-radioactive-particles/#:~:text=The%20World%20Health%20Organization%20reports,90%2D99%20percent%20of%20uranium., Ingram, Jani C., Lindsey Jones, Jonathan Credo, and Tommy Rock. “Uranium and Arsenic Unregulated Water Issues on Navajo Lands.” Journal of Vacuum Science & Technology A 38, no. 3 (May 2020): 031003. https://doi.org/10.1116/1.5142283, Aziz, Mujahid, and Godwill Kasongo. “The Removal of Selected Inorganics from Municipal Membrane Bioreactor Wastewater Using UF/NF/RO Membranes for Water Reuse Application: A Pilot-Scale Study.” Membranes 11, no. 2 (February 6, 2021): 117. https://doi.org/10.3390/membranes11020117.
26. Godfred Amankwaa. “Water ATMs Were Introduced in Ghana – and Are Changing the Way People Can Access This Vital Resource.” The Conversation, https://theconversation.com/water-atms-were-introduced-in-ghana-and-are-changing-the-way-people-can-access-this-vital-resource-197729.
27. Rebecca L. Root. “Are Water ATMs Dispensing a Viable Solution to Clean Water?” The Devex, https://www.devex.com/news/are-water-atms-dispensing-a-viable-solution-to-clean-water-95564.
28. Office of Environmental Policy and Compliance. “Water Security on the Navajo Nation,” https://storymaps.arcgis.com/stories/591cdbfe18eb4aaea687139fc10c0c90.