What is the Southern Arizona Water Rights Act?

What is the Southern Arizona Water Rights Act?

The Southern Arizona Water Rights Act of 1982 allowed the San Xavier allottees to hold others accountable for draining the Santa Cruz River. As a result, the act restored water back to San Xavier and secured their water rights.

What is the Tohono O’odham Nation (TON)?

The TON are a federally recognized group of Indigenous people who have lived in the Sonoran Desert since time immemorial. Tohono translates to “desert” and O’odham translates to “people.”

They constantly adjusted and were flexible in their response to the changes in the Sonoran Desert. Depending on where they lived in the desert, they were river people, semi-nomadic, and nomadic (1). They primarily relied on the Santa Cruz River, which runs along the Sonoran Desert, as a water source.

How did land occupation impact the TON?

In the late 1600s, Jesuit Father Eusebio Kino arrived at the Tohono O’odham village of Wa:k. Wa:k translates to where the water goes in. He introduced Catholicism to the TON, later building a church in the area, and also introduced various crops and cattle (2). The O’odham adapted to these new methods of farming, building upon the traditional crops they already grew.

In the 1800s, the ownership of the land changed multiple times and had a significant impact on the land’s resources (3). In 1821, the village of Wa:k became part of Mexican territory following the Mexican War of Independence. Then, in 1854, it became United States territory as a result of the Gadsden Purchase (4). Finally, in 1874, it was officially designated as the San Xavier Reservation, making it the first reservation parcel for Tohono O’odham.

In 1887, the Dawes Act was introduced (5), a law that allowed the U.S. government to divide tribal lands and sell them to other non-Native individuals (6). The settlers did little to conserve resources, which made it challenging for the Tohono O'odham Nation to sustain successful farming on the San Xavier Reservation.

These non-Indigenous farmers and ranchers introduced water intensive crops, dug wells and used engine-driven pumps that dramatically depleted the precious water the ancestors of the O'odham had managed sustainably for thousands of years (7). The use of chemicals also destroyed the land’s fertility. Non-Indigenous water consumption increased gradually and then exponentially. Excessive groundwater pumping for non-Indigenous farming and mining caused water scarcity as the Santa Cruz River dried up in the 1940s (8). What once was a river all-year round now only had water after rainstorms.

What was the TON’s response to the settlers’ use of the land’s resources?

The TON did what they always had: adapted. They first adapted by implementing the nontraditional crops and cattle that were introduced, but sustaining previous methods of farming became difficult as the water dried up. By the mid-1900s, some community members adapted to this shift by seeking employment in Tucson, taking jobs like cotton picking or mining (3). This marked a shift from traditional bartering to earning wages for labor. However, many struggled financially, falling into the low-income category.

What led to the Southern Arizona Water Rights Act?

For a long time, the TON were excluded from conversations about water rights on their land. But during the 20th century, several legal decisions helped strengthen the TON’s claim to water rights.

This included the 1908 Supreme Court Winters decision, which granted Indigenous people the right to sufficient water resources within their reservations; the 1963 Arizona v. California decision, compelling states to involve Indigenous communities in future planning; and the 1976 Cappaert v. United States case, which expanded water rights to safeguard against groundwater withdrawals (3).

This led the TON to push the federal government to take legal action against agribusiness owners, copper mines, and the city of Tucson. The groups were accused of draining water from the aquifer under the San Xavier District (9). The TON’s goal was to ensure these parties understood the consequences of their actions and held them accountable for the environmental impact and water loss caused by their practices (1).

The settlement became known as the Southern Arizona Water Rights Settlement Act. After filing the suit in 1975, it was signed by President Ronald Reagan seven years later in October 1982 (7).

What did SAWRSA do? And how is the Arizona Water Settlements Act connected?

SAWRSA guaranteed water rights for the Tohono O’odham by requiring the government to build water facilities, fund irrigation systems and create water management plans. The legislation promised water through the Central Arizona Project, or the CAP, pipeline which delivers Colorado River water. If the promised water couldn’t be delivered, the tribal nation would be financially compensated. This legislation allowed for agricultural, commercial, or residential redevelopment.

SAWRSA was later amended in 2004 as the Arizona Water Settlements Act to better reflect the needs of the community’s water right claims. This proposal shifted the focus away from water ownership and emphasized achieving positive outcomes for the San Xavier District, including restoring water flow and its habitat. Additionally, a set amount of acre-feet of water was designated to be reserved for other Arizona tribes, subject to approval by an Act of Congress.

What happened after SAWRSA?

SAWRSA was fully implemented in 2007, totaling over three decades to resolve the water issues and put the legislation into full effect.

Then, 11 years after SAWRSA took effect, the aquifers started to recharge around 2018, according to Dr. Jacelle Ramon-Sauberan, a member of the Tohono O’odham Nation and subject person for the first episode of Making Arizona (5).

What does the future of the water look like?

In Arizona, drought and climate change are pressing issues, with Tucson experiencing its most severe drought in the last 1,200 years (10). It is crucial to think about water and how it is used in our own cities.

In the San Xavier Reservation, the community intends to nurture the land, restore it and promote its recovery for as long as they are there, according to Cie’na Schlaefli, who monitors water levels there (5).

Current steps of action for the San Xavier community have been (9):

• The San Xavier Cooperative Association, which focuses on sustainable farming and growing traditional crops to support cultural values, protect the environment, and boost economic development in the community.
• The Climate Change Adaptation Plan, which was spearheaded by Dr. Selso Villegas, Executive Director of the Tohono O’odham Nation Water Resources Department and the Center for Climate Adaptation Science and Solutions at the University of Arizona.
• Community meetings to understand climate change impacts and explore potential solutions, held by the San Xavier Natural District Natural Resources Department.
• Annual youth conferences to educate young people about land conservation, held by the San Xavier Allottees Association.

There's a possibility that if the Central Arizona Project fails to deliver the promised SAWRSA water to the Tohono O’odham, tribal members will need to adapt once more. To ensure effective adaptation, tribal involvement in every step of the climate change adaptation plan is crucial.

Non-tribal members can also play a role in climate adaptation by educating themselves:

• In Tucson, the Climate Action and Adaptation Plan was adopted in 2023. There are still opportunities to get involved through workshops, events and public dialogue.
• Local drought impact groups, such as Pima County LDIG, raise public awareness and provide impact assessment information to local and state leaders. They also help spearhead local mitigation efforts and response strategies.
• Groups like Climate Action bring local businesses and municipalities together to develop practical solutions to address climate challenges.
• Drought resources are also available through the Arizona Department of Water Resources. They provide comprehensive data, initiatives, and information regarding the health impacts associated with drought conditions.

Beyond state and federal water rights, it's important to reevaluate the economic values within the San Xavier community. While Western culture often views water as a means for economic and personal gain, Indigenous perspectives regard it as one of the most sacred gifts from their Creator. Water holds immense significance, with ceremonies, songs and dances performed to honor and provide for the community's needs (7). Therefore, it is crucial to consider the intrinsic value of the land to the San Xavier people, not just through the lens of Western profit-driven ideals.

References

1. Caretakers of the Land: History of Land and Water in the San Xavier Community
2. History - San Xavier del Bac Mission - Tucson, AZ 
3. Brown, F. Lee, Helen M. Ingram, and Gilbert W. Bonem. Water and Poverty in the Southwest. Tucson: University of Arizona Press, 1987. Print.
4. Gadsden Purchase, 1853–1854  
5. Wa:k–where the water goes in - AZPM 
6. The Dawes Act (U.S. National Park Service) 
7. “3. Solutions or Symbols? An Indian Perspective on Water Settlements” in “Indian Water in the New West” on University of Arizona Press 
8. Santa Cruz River | Pima County Public Library
9. The History of Land and Water in San Xavier 
10. Rapid intensification of the emerging southwestern North American megadrought in 2020–2021