Another step in a long history of pushing for river access
“First in time, First in right” has been the go-to foundation of water law in the American Southwest. If this is true, then why until recently have the native tribes along the Colorado River not had a say in water use? As many are saying, Lake Powell, as well as Lake Mead, are hitting critically low levels of water causing more restrictions to be put into place for state governments along the river’s watershed.
“Water resources are becoming a greater concern for the southwest portion of the United States,” said Navajo Nation President Jonathan Nez in a press release last year. “Over 150 years after the signing of the Treaty of 1868 between the Navajo people and the United States, we are still having to fight for water allocations.”
Since the 1908 Supreme Court ruling known as the Winters Doctrine, tribal water rights have been based on “practicably irrigable acreage,” or enough water to sustain tribal agriculture. With more modernized and urbanized development, this terminology has struggled to evolve with time. A recent decision from the Ninth Circuit Court of Appeals confirmed the United States cannot ignore Winters rights held by tribes just because they haven’t been ruled on previously.(*)
What hopes to be another win for Navajo river access, the new Navajo Nation Colorado River Boat Dock Project aims to further increase access for the tribe. Situated on the eastern banks between Navajo Bridge and Lee’s Ferry, the proposed site will give Navajo tribe members the opportunity to launch boats, rafts, and other watercraft onto the Colorado without having to go through the federal government departments that have in recent history had a near total domain over the river and surrounding canyons.
Future location of the Navajo Boat Dock. Vermilion Cliffs in the background.
“The project actually didn’t start as a boat dock proposal but rather a proposal to NPS Glen Canyon to allow a Navajo to provide commercial boat trips on the Colorado River,” Department Manager for the Navajo Parks and Recreation Martin Begaye remarked, “There were several meetings or communication with NPS on this but nothing happened.”
Currently, the only method to access the river in this location is at the Lee’s Ferry boat launch. A permit is also required through the National Park System’s permit lottery service for the Grand Canyon, or a National Park Pass in Glen’s Canyon. Getting approved from the lottery can not only be lengthy, but costly; here is a full look at the process. Commercial river trips can also be reserved for trips down the Colorado River, but often have to be made at least a year or two in advance.
The original idea came from Allen Begay, the Economic Development Director under former Navajo Nation President Joe Shirley. Along with local developer Mike Anderson, Begay was told by the Army Corps of Engineers who manage the Colorado River to apply for a permit to build the boat dock. After their application was approved, they were advised to check with the National Park Service about commercial use of the river.
Above-view of the proposed layout of the Navajo Colorado River boat dock.
“The NPS had stipulated earlier that no commercial use permits would be issued except through their authority,” said Begaye. “So that became a major obstacle as that meant that a Navajo boat tour business was not possible.” Begaye continued, “… the boat dock would be for the purpose of tribal programs to use for monitoring the Navajo side of the Colorado River and a commercial operation would come later.”
The project now awaits a construction company to be chosen to build the dock to gain access to the banks of the Colorado River.
The current path to the Colorado River at the location; The jagged rock path will be replaced with a fully developed walkway to the boat dock.
Resources:
*NAVAJO NATION v. U.S. DEPARTMENT OF THE INTERIOR; DEB HAALAND, Secretary of the Interior; UNITED STATES BUREAU OF RECLAMATION; BUREAU OF INDIAN AFFAIRS (Ninth Circuit Court of Appeals April 28, 2021).
https://www.knau.org/knau-and-arizona-news/2021-04-29/navajo-nation-wins-court-victory-over-access-to-colorado-river-water
https://www.vcstar.com/in-depth/news/nation/2022/08/22/colorado-river-divided-century-later-tribes-gained-voice/7864049001/
https://www.krqe.com/news/politics-government/us-court-of-appeals-reverses-decision-on-navajo-nation-2003-water-rights-lawsuit/
TUESDAY, 04 OCTOBER 2022