Addressing Tribal Water Justice through U of A Programs And a New Funding Handbook
The Initiative on Universal Access to Clean Water (UACW) for Tribal Communities was established to tackle the critical issue of insufficient access to basic drinking water services in Tribal households. UACW focuses on legislative and federal agency-focused advocacy, and recently produced a Funding Handbook focused on IRA and BIL funding available to Tribes. The Funding Handbook highlights opportunities that specifically support water access projects, as well as climate mitigation and adaptation actions on Tribal lands.
In a webinar held on November 21 (you can watch a recording here), the U of A collaborators and UACW team explored issues of Tribal water access and how Tribes can leverage this historic funding to meet their community needs. “Right here in the Colorado River Basin where I live, we are all too familiar with the lack of access and infrastructure, historic inequities, and unresolved water rights – but also the resilience and innovation – of Tribal communities,” shared Prof. Andrea Gerlak, Director of the Udall Center for Studies in Public Policy (the Udall Center). “Several centers and programs here at the University of Arizona are engaged with research, teaching, and outreach to advance Tribal access to clean, affordable water - from AIR’s IRes, Haury Program, and CCASS to the University’s new West Environmental Justice Center to the Udall Center, where we work to strengthen the capacities of Indigenous people for nation-building and self-determination.”
At the core of access to water is a secured and legally defensible right to obtain water – particularly in the more arid western US. Federally reserved Tribal water rights have been recognized as implicitly included in a Tribe’s foundational agreements with the
US government and frequently have more senior priority dates than other state-based users in prior appropriation states. However, without funding, Tribes are often unable to build the necessary infrastructure to convey the water to their lands and communities. This means that while they have legal rights to water (commonly referred to as ‘paper water’), they do not have access to the physical wet water. Furthermore, Tribes are disproportionately vulnerable to climate change impacts such as drought, extreme heat, wildfire, and sea level rise, all of which affect the reliability and renewal of water supplies (source: Fourth National Climate Assessment).
Dr. Heather Tanana and Dr. Amy McCoy of the UACW shared that almost 48% of Tribal homes do not have access to clean water, and according to a DigDeep report, while Native Americans generally are 19 times more likely than non-Native households to lack indoor plumbing, Navajo residents are 67 times more likely to lack piped water delivery. This is also a problem because fresh water is detrimental to personal health and hygiene as well as public health, economy of communities (another DigDeep report shows how hauling water creates hours lost in work, schooling and more) and ultimately thriving communities since essential services such as schools and hospitals also need water. Furthermore, without running water, Native American people cannot live and thrive in their homelands, secured by federal treaties.
Two large pieces of legislation were introduced in recent years that can help Tribes bridge the water gap. The Bipartisan Infrastructure Law (BIL) was signed into law in November 2021 by the US Congress. This represents a landmark piece of legislation aimed at addressing the United States' aging infrastructure and catalyzing sustainable and equitable economic growth. With a total appropriation of over $1 trillion, the legislation covers a wide range of projects, including the improvement of roads, bridges, public transit, and broadband access across the country. More than $13 billion of BIL funding is targeted for Tribal communities. One significant aspect of the legislation is its focus on Tribal infrastructure needs, including improving reliable access to clean drinking water. The second piece of legislation, the Inflation Reduction Act (IRA), was signed into law in August 2022 and is designed to invest in clean energy production, tackle climate change and Medicare and tax reform, and support water sustainability in the western US. By employing a combination of targeted spending and strategic investments, the act aims to promote long-term economic stability, including within Tribal communities. The IRA provides over $720 million specifically available to Tribes. Within this the Department of the Interior (DOI) received a significant amount of funding to administer and disburse through the Bureau of Indian Affairs (BIA) and the Bureau of Reclamation (Reclamation). The potential impact of BIL and IRA investments in Tribal water infrastructure is substantial; however, the multiple processes to apply for and receive funding are neither consistent nor well-integrated.
UACW’s Funding Handbook is designed to help Tribes navigate the new opportunities provided by this legislation and is thus divided into four sections: water access requirements, funding landscape, funding pathways and funding summaries. Section 1 (Water Access Requirements) lists limitations on transfer infrastructure that move water, water quality issues, Tribes’ efforts to secure water quantity (11 water settlements are in front of Congress right now, including Navajo Nation’s – to see their call for action, please click here), and the need for sustained operations and maintenance with the Tribes having limited ability to maintain. Section 2 (Funding Pathways) provides the overview of the four agencies that have available funding (IHS, EPA, Bureau of Reclamations and BIA) and the types of water projects they fund. Section 3 (Funding Pathways) further details agencies’ programs, program purpose, distribution process (which is unique for each funding pathway), and useful tips and links to agency contacts for questions. Finally, Section 4 (Funding Summaries) presents the funding programs in summary tables for quick and easy reference. The tables are organized to show which funding programs support which stages of project development. The Handbook also contains overview tables that allow for quick search per type of need.
Dr. Tanana and Dr. McCoy of the UACW acknowledged that that there are still gaps in funding, and since water projects are typically huge, and require funding from multiple agencies and extended timelines, different funding and distribution processes also present challenges due to administration requirement. Other challenges include inflation, required matching funds, lack of federal technical assistance and funding for community facilities, as well as ongoing operations and maintenance.
To offer another source of assistance, Dr. Paloma Beamer introduced the new Western Environmental Science Technical Assistance Center for Environmental Justice (or West EJ Center for short) at University of Arizona. West EJ Center is an Environmental Justice Thriving Communities Technical Assistance Center (TCTAC) created under historic EPA environmental justice awards, and offers free hands-on help, training, resources, and support to tackle environmental or energy justice challenges. They serve Arizona, Nevada, California, Hawai’i, and the US Affiliated Pacific Islands. The Center helps with navigating over 200 grants currently available, as well as works to develop community leadership including student internships, and is offering technical expertise through consultations, analysis and research. Dr. Beamer invited all to contact them and emphasized that they see these inquiries and projects as developing ongoing relationships and not just a one-time ask. The Center is looking forward to providing services for many years to come.
Dr. Karletta Chief of U of A’s Indigenous Resilience Center (IRes) shared the Navajo Nation’s experience of water insecurity and the work of her and her team in this field. Dr. Chief grew up without running water or electricity herself, and as she shared, her experience guides the work she does today. The COVID-19 pandemic further deepened water access issues. In water access surveys conducted by Dr. Chief and her team in collaboration with the Navajo Nation and communities, they saw that hygiene water usage is second to usage for animals and crops. She also shared that when hauling water, the cost of water is $13.30 per 100 gallons, while in nearby cities the cost of water is 40 cents per 100 gallons. She also shared some water usage statistics: Navajos on average use only about 50 gallons of water per day versus an average 150 gallons per day statewide.
As a response to the COVID-19 pandemic and water insecurities, the Navajo Water Access Coordination Group (WACG) was formed, and 58 transitional water points were installed in record time. Dr. Chief and other U of A researchers also developed mobile and house solar nanofiltration units which produce clean water, trained college students, developed curriculum and consolidated water data so people can learn about their water sources. Dr. Chief stressed the importance of community-driven water quality assessment and water hauling surveys not only to identify sources used for drinking and barriers water haulers must overcome, but also to monitor the status of those sources. This close collaboration with chapter houses is another example of respectful work with Tribes promoted by IRes while honoring the fact that data belongs to the people and upholding Indigenous data sovereignty.
Kathy Jacobs of the Center for Climate Adaptation Science and Solutions (CCASS) added: “Access to water for Indigenous people and to sustain nature seems as though it should be guaranteed, after all, if there truly were a "first in time, first in right" rule for water allocations these uses would be at the head of the line. However, the reality is that a large proportion of Indigenous communities across the US and across the world lack access to basic sanitation and clean drinking water. We have a unique opportunity in the near future to access federal funding from a variety of sources and agencies to assist Tribes with access to high quality water.”
This webinar was sponsored by the Udall Center for Studies in Public Policy, the Center for Climate Adaptation Science and Solutions, the Agnese Nelms Haury Program in Environment and Social Justice, the Indigenous Resilience Center, and the WEST EJ Center at the University of Arizona. In partnership with the Initiative on Universal Access to Clean Water for Tribal Communities. To watch the recording of the webinar, visit AIR’s YouTube channel.