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9780816524556

Negotiating Tribal Water Rights

by ; ; ;
  • ISBN13:

    9780816524556

  • ISBN10:

    0816524556

  • Format: Paperback
  • Copyright: 2005-04-19
  • Publisher: Univ of Arizona Pr
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Summary

Water conflicts plague every river in the West,with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rights--rights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all--tribal councils, legislators, water professionals, attorneys--who need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rightsoffers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.

Table of Contents

List of Illustrations
ix
List of Abbreviations
xi
Foreword xiii
David H. Getches
Acknowledgments xvii
Funding Organizations xviii
Introduction xix
Intent of Publication xix
How Best to Use This Book xxii
PART ONE The Context for Indian Water Settlements
Historical Background
3(6)
European Incursions
3(1)
American Indian Policy
4(1)
Sidebar 1.1 The Allotment Era
5(4)
Legal Background
9(10)
General Stream Adjudications and the McCarran Amendment
9(1)
Federal Reserved Water Rights
10(1)
Standards for Quantifying Winters Rights
10(2)
Pueblo Water Rights
12(1)
Tribal Sovereignty
13(1)
Federal Trust Relationship
14(2)
Federal Obligations to Indian Tribes
16
Sidebar 2.1 The Winters Decision
11(2)
Sidebar 2.2 Concerns with the PIA Standard
13(6)
Indian Water Rights and the New West
19(12)
Demographic Changes and the New Economy
19(4)
Climate Change and Cyclical Drought
23(1)
Changes in Presidential Administration
24(1)
National and International Economic Trends
24(1)
Water-Management Capacity of States and Tribes
24(2)
Adaptive Watershed Management
26(1)
Interstate Water Issues
27
Sidebar 3.1 Agriculture, Federal Farm Programs, and Water Availability for Tribal Settlements
20(5)
George B. Frisvold
Sidebar 3.2 Implications of Climate Variability and Water Supplies for Tribal Water Settlements
25(6)
Carmen Carrion
PART TWO Stakeholders
Hopes and Concerns
31(10)
Mutual Goals
31(1)
American Indian Tribes
31(1)
Non-Indian Water Users
32(1)
Environmental Advocates
32(1)
Western State Governments
33(2)
The Federal Government's Many Hats
35
Sidebar 4.1 Tribes and Environmental Objectives
34(2)
Sidebar 4.2 State Water Agencies
36(5)
Perspectives
41(16)
Tribal Perspective: Interview with John Echohawk
41(2)
Pueblo Perspective: Interview with Nelson J. Cordova
43(4)
Urban Perspective: Interview with George Britton
47(3)
Federal Perspective: Interview with David J. Hayes
50(7)
PART THREE Making Settlements
Settlement Processes
57(22)
Preparing for Negotiations
57(4)
Coordinating Litigation with Negotiations
61(2)
Developing Information and Positions
63(5)
Federal Review and Approval
68(1)
Funding Settlements
69(6)
Authorization by States and Tribes
75(1)
Court Approval
75(2)
Implementation
77
Sidebar 6.1 Experienced Negotiators' Tips for the Settlement Process
59(5)
Sidebar 6.2 Freedom of Information Act
64(2)
Sidebar 6.3 Thoughts on Working with Tribes
66(4)
Sidebar 6.4 Experienced Negotiators' Tips for Moving a Bill through the Federal Maze
70(2)
Sidebar 6.5 Congressional Authorization Process
72(1)
Sidebar 6.6 The Appropriations Process in Indian Water Rights Settlements
73(6)
Settlement Components
79(16)
Sources of Water
80(1)
Strategies to Obtain Water for Tribal Settlements
80(2)
Water Markets, Transfers, and Exchanges
82(2)
Water Management and State-Tribal Jurisdiction
84(1)
Financial Components of Settlements
85(2)
Economic Efficiency Considerations
87(2)
Tribal Administration of Water Resources
89(1)
Enforcement and Dispute Resolution
89(1)
Other Settlement Features
89
Sidebar 7.1 Monetary Compensation as a Component of Settlements
86(4)
Sidebar 7.2 Economic and Financial Considerations for Settlements
90(5)
Making Water Available for Indian Water Rights Settlements
95(12)
James P. Merchant
Water Sources in Past Indian Water Rights Settlements
95(2)
Use in Future Settlements of Water Conserved by Agriculture
97(10)
PART FOUR Learning from Collective Experience
Representative Settlements and Settlement Efforts
107(48)
Quantification Resulting from Litigation
107(5)
Wind River Litigation
107(5)
Ramsey Kropf
Settlements Resulting from Strong Congressional Leadership
112(6)
Ak-Chin Water Settlement
112(3)
Truckee-Carson-Pyramid Lake Water Settlement
115(3)
State Government Settlement Initiatives
118(9)
Navajo Indian Irrigation Project
119(2)
Fort Hall Indian Water Rights Settlement
121(3)
Northern Cheyenne Compact
124(3)
Barbara Cosens
Tribal Settlement Initiatives
127(3)
Warm Springs Water Rights Settlement
127(3)
Beth S. Wolfsong
Other Water Users' Settlement Initiatives
130(8)
Gila River Settlement and Little Colorado River Negotiations
130(5)
Salt River Pima-Maricopa Indian Community
135(1)
Zuni Heaven Settlement
136(2)
Settlements Addressing Endangered Species Act Issues
138(14)
Colorado Ute Water Rights Settlement
138(6)
Scott McElroy
Shivwits Band of the Paiute Indian Tribe of Utah
144(2)
M. Evelyn Woods
Klamath Water Crisis
146(6)
Stephen E. Snyder
When Is a Settlement Settled?
152(3)
Southern Arizona Water Rights Settlement Act
152(3)
Conclusion
155(8)
The Winters Legacy
155(1)
Factors Producing a Settlement
156(1)
How Final Is Final?
156(1)
Observations and Recommendations
157(4)
To Celebrate or Not to Celebrate?
161(2)
Notes 163(8)
Appendix 171(6)
Bibliography 177(6)
Authors and Contributors 183(2)
Index 185

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