Arizona ranchers typically use a series of wells for domestic purposes and irrigation. However, a lawsuit has prevented some from using wells due to water rights claimed by the Gila River Indian Community.
The tribe says the ranchers pumped water in violation of a decree. However, the ranchers argued that water pumped from the wells is groundwater rather than subflow from the Gila River.
The United States District Court ruled in favor of the Gila River Indian Community.
Director Tim Berg of Fennemore Craig, P.C. says the law being used to seal the wells is too broad in scope and reaches beyond what it was intended to cover.
“We also have taken the position that the remedy of sealing the wells entirely rather than some less onerous remedy is inappropriate," he said.
The ranchers have now appealed to the 9th U.S. Circuit Court of Appeals to reverse the decision.
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![Navajo Nation President Buu Nygren [left] Gov. Katie Hobbs and Hopi Chairman Lamar Keevama sign a memorandum of understanding for coal-impacted communities at the Desert Botanical Garden on Aug. 11, 2026.](https://npr.brightspotcdn.com/dims4/default/7ad88d7/2147483647/strip/true/crop/4158x2317+0+505/resize/280x156!/quality/90/?url=http%3A%2F%2Fnpr-brightspot.s3.amazonaws.com%2Fa5%2F46%2F67ddb3664347bcd872157bbfffaf%2Fnavajo-hopi-az-agreement-cg-20260811.JPG)
The six-page MOU is being touted as a blueprint for cooperation between the Navajo Nation, Hopi Tribe and the state of Arizona — all of which are “vulnerable to future coal mine and generating station closures.” -
Leadership clarified that non-members — including employees or residents, guests of tribal members, travelers on public roadways and vendors tied to the Tohono O’odham Gaming Enterprise — may still travel freely “without any restrictions.” -
![The Long family [clockwise from top left] Joni Lapahie, Dáilan Long, Jona Lapahie, Emma Long and Emery Long.](https://npr.brightspotcdn.com/dims4/default/ac75967/2147483647/strip/true/crop/4032x2246+0+389/resize/280x156!/quality/90/?url=http%3A%2F%2Fnpr-brightspot.s3.amazonaws.com%2F8c%2F3e%2Fcb7758794c59b588da1f9a3323b8%2Flong-family-household-burnham-nm-gp-202602.jpg)
Coal has long been the economic bedrock of the Navajo Nation, which owns deposits in Wyoming, Montana and New Mexico. Now, the tribe is asking the Trump administration to dramatically expand the life — and size — of an operational coal mine that could uproot the lives of some Navajo families. And their longtime homes — literally. -
So instead of Santa hand-delivering stockings of coal along with his team of reindeer, it’s NTEC — or the Navajo Transitional Energy Company — with its diesel-powered trucks trekking across the sprawling 27,000-square-mile reservation. -
Coal is perhaps most closely associated with Appalachian states like West Virginia, Pennsylvania and Kentucky — or Wyoming, the nation’s leading producer of the fossil fuel. But the coal-mining business was once thriving in northern Arizona as well, atop the Colorado Plateau.
![Navajo Nation President Buu Nygren [left] Gov. Katie Hobbs and Hopi Chairman Lamar Keevama sign a memorandum of understanding for coal-impacted communities at the Desert Botanical Garden on Aug. 11, 2026.](https://npr.brightspotcdn.com/dims4/default/bcf9baa/2147483647/strip/true/crop/4158x2317+0+505/resize/560x312!/format/webp/quality/90/?url=http%3A%2F%2Fnpr-brightspot.s3.amazonaws.com%2Fa5%2F46%2F67ddb3664347bcd872157bbfffaf%2Fnavajo-hopi-az-agreement-cg-20260811.JPG)
![The Long family [clockwise from top left] Joni Lapahie, Dáilan Long, Jona Lapahie, Emma Long and Emery Long.](https://npr.brightspotcdn.com/dims4/default/8f96e94/2147483647/strip/true/crop/4032x2246+0+389/resize/560x312!/format/webp/quality/90/?url=http%3A%2F%2Fnpr-brightspot.s3.amazonaws.com%2F8c%2F3e%2Fcb7758794c59b588da1f9a3323b8%2Flong-family-household-burnham-nm-gp-202602.jpg)
