The Cottonwood City Council approved three water settlement agreements with the Yavapai-Apache Nation and Salt River Project — that have been ongoing for over 20 years — at their regular meeting on Jan. 20.
The Yavapai—Apache Nation has been pursuing a water rights settlement for several decades and the city of Cottonwood has participated in many of those negotiations throughout the last two decades.
The Gila River Stream Adjudication will prioritize and quantify surface water rights of water users in about 70% of Arizona, potentially impacting Cottonwood’s ability to pump enough water to meet projected demands. Surface water is governed by the Doctrine of Prior Appropriation where the entity who puts surface water to use first has the senior right to its use.
In Cottonwood’s case, the Nation and SRP are two of the largest downstream water right holders whose rights are most likely ranked in seniority.
There are three agreements before council:
■ The main agreement: the Yavapai-Apache Nation Water Rights Settlement Agreement, dated June 26, 2024
■ A side agreement with the Nation: Agreement Among the Yavapai-Apache Nation, the United States, and the City of Cottonwood, dated June 26, 2024
■ A side agreement with SRP: The Withdrawal, Mitigation, and Nonobjection Agreement Among City of Cottonwood; Salt River Valley Water Users’ Association; and Salt River Project Agricultural Improvement and Power District.
The side agreement with the Y-AN sets conditions and limits on the amount of groundwater Cottonwood can pump in the future and outlines the methods that Cottonwood can use to mitigate if they exceed defined limits.
The agreement with SRP defines the quantity of water Cottonwood can pump in the future.
The agreements should provide enough water to meet the demands of Cottonwood’s water service area through buildout, council stated. The negotiated settlements can potentially limit or prohibit the senior water right holders downstream from challenging Cottonwood’s water right claims.
David Brown, the attorney representing Cottonwood, said that, while the agreements do not establish the city’s water rights, they provide some measure of certainty and avoid some measure of litigation.
The Yavapai-Apache Nation’s settlement is now seeking Congressional approval.
If approved, there will be construction of a pipeline from C.C. Cragin Reservoir to Camp Verde, a water treatment plant in Camp Verde and a distribution system to deliver water to the Nation.
The side agreements with Y-AN and SRP will only be effective if Congress adopts the Nation’s settlement by 2035, otherwise both side agreements will be terminated.
U.S. Rep. Eli Crane [R-Ariz.] introduced House Resolution 6931 in the U.S. House of Representatives on Dec. 26, and U.S. Sens. Mark Kelly [D-Ariz.] and Ruben Gallego [D-Ariz.] introduced the paired S.3617 in the U.S. Senate on Jan. 13.
Camp Verde and Clarkdale have both formally approved the settlement. The council approved the three agreements unanimously.
