"When you go to court justice is not certain, it is random"

So what’s the Deal?
Attorneys representing the San Carlos Apache Tribe (SCAT) have revived a 2001 lawsuit that claims all the water from 600+ wells pumped in the Gila River corridor through the Gila Valley illegally divert water from the Gila River. Safford, Thatcher and County residents on the City of Safford water system are also at risk or losing 60% of the drinking water used.

Why should SCAT government and the people of the Gila Valley care?

Both communities work together in as many ways as possible given the SCAT sovereign nation status and willingness of Graham County and the people of the Gila Valley to work together by way of MOU's and agreements.  The SCAT has concerns regarding the quality and quantity of the available Gila River water and would like to see improvement.  The City of Safford water system provides 60% of water used from water wells during peak periods and this water is in peril if this suit goes to court and the SCAT people will not receive anymore wet water, water rights or compensation.  A reduction of 60% will essentially turn the water off in the Gila Valley. Farming will disappear as we know it and only 30% of irrigable land will remain in production.

How did this happen?
Irrigation wells have been used since the 1930's on production crops in the Gila Valley. Attorneys for the United States and San Carlos Apache Tribe intend to claim the wells are pumping sub-flow or under-flow of the Gila River and are therefore an illegal point of diversion for taking river water. Although the US government would sue only the Gila Valley Irrigation District on behalf of the San Carlos Tribe to stop their pumping, the City of Safford wells are pumping from the same underground aquifer as the irrigation wells and the argument will be decided.

In 2004 Arizona Senator Kyl led the way in settling a decades old disagreement bringing 31 entities along the Gila River to the table forming the GRIC agreement (Gila River Indian Community agreement). Since then, Gila Valley Irrigation District (GVID) water use has been curtailed but as long as they perform their end of the agreement, the GRIC has agreed to “forbear” their ability to sue the GVID in the future. The GRIC agreement is working for the entities that joined.  The San Carlos Apache Tribe was the only entity that did not sign the agreement in the final days.

Does the Federal Government say the San Carlos tribe is entitled to more water rights?
No. The Globe Equity Decree of 1935 spells out the amount of “decreed” acres the San Carlos Apache Tribe(SCAT) and Gila Valley Farmers are entitled to. This impending lawsuit is not expected to contend the SCAT has more or less water rights. If the SCAT is successful in their suite they will still have 1000 acres of decreed water rights and still depend on a river that does not always flow.

Wait, so do the San Carlos people need more Gila River wet water right now for irrigation?
Not right now. Although the San Carlos Tribe has 1000 acres of decreed water rights (6 feet of water per acre like what is used to grow cotton) they do not use the water. At their decision, they have used less than 300 acres of decreed water rights for the past several decades. If the San Carlos people would like the full 1000 acres of decreed water at any time, a multi million system has been built and is ready to deliver the water at the push of a button. 

Tell me more about the system
Since the San Carlos Tribe did not sign in 2004, and as part of the GRIC settlement, the Gila Valley Irrigation District received money from the Federal Government to build an irrigation project that would solve the San Carlos Apache Tribe’s water quality concern. 

The GVID has built a multi-million-dollar pipeline with a wellfield with this settlement money. A system that produces enough high-quality water for 1,000 acres of farming, deliverable straight to the Tribe’s fields at the push of a button from a smartphone. The wellfield and a large portion of the pipeline capable of delivering 10,000 gallons per minute 24/7 365 was completed in 2015 and sits idle.
This pipeline currently ends at the eastern reservation boundary and has sat unused for three years. This pipeline delivers high quality water on demand which is something the Gila River is incapable of doing. The Gila Valley Irrigation District has the funds to continue this pipeline across the reservation line and help the SCAT pipe water to fields currently being farmed or for future agricultural expansion, or even to be used on parks or possibly for domestic use; all at the expense of the irrigation districts and to the benefit of the San Carlos Apache Tribe. 

Is the San Carlos Tribal Government aware of the solutions offered?
We are not sure. The Gila Valley Irrigation District has built the system to deliver water and met with a San Carlos Tribe economic development committee. The GVID has invited the SCAT tribal chairman and council to tour the system but have not yet been successful in arranging a meeting. Phoenix attorneys for the SCAT have asked for and received a restraining order from a federal judge against the Gila Valley Irrigation district blocking them from speaking any further to the San Carlos Tribal government. All communication has stopped. 

Does everyone even know?
Nope. We don't believe the people of the San Carlos Apache Tribe are aware of the water offered and ready to be turned on. We do not believe the people of the Gila Valley are aware that 60% of their drinking water may be turned off to no one's benefit. 

So what are we asking?
We need communication between the people of the Gila Valley and the people of the San Carlos Apache Tribe. Attorneys have great incentive to push the SCAT into a lawsuit while the San Carlos people have all the water(and higher quality) they own ready at the push of a button. We need dialogue with the San Carlos Tribe and we hope you will support us in this endeavor. We ask that Chairman Rambler and Council will be willing to meet with leadership in the Gila Valley and discuss the possibilities outside of court.