Indian Reserved Water Rights Under the Winters Doctrine: An Overview

Congressional Research Service (CRS) | June 8th, 2011

Although the federal government has authority to regulate water, it typically defers to the states to allocate water resources within the state. The federal government ma

Although the federal government has authority to regulate water, it typically defers to the states to allocate water resources within the state. The federal government maintains certain federal water rights, though, which exist separate from state law. In particular, federal reserved water rights often arise in questions of water allocation related to federal lands, including Indian reservations. Indian reserved water rights were first recognized by the U.S. Supreme Court in Winters v. United States in 1908. Under the Winters doctrine, when Congress reserves land (i.e., for an Indian reservation), Congress also reserves water sufficient to fulfill the purpose of the reservation. As the need for water grows with the development of new industries and growing populations, the tension arising from the allocation of scarce water resources highlights the difficulties that often surround reserved water rights, particularly in the western states. Western states generally follow some form of the prior appropriation system of water allocation. The prior appropriation system allocates water to users based on the order in which water rights were properly acquired. Because Indian reserved water rights date back to the government’s reservation of the land for the Indians, these water rights often pre-date other water users’ claims. Although the prior appropriation system’s reliance on seniority provides a degree of certainty to water allocation, Indian reserved water rights may not have been quantified at the time of reservation. Because Winters did not dictate a formula to determine the quantity of water reserved, courts apply different standards to quantify tribal reserved water rights. As a result, other water users may not know whether, or the extent to which, Indian reserved water rights have priority. Because of these uncertainties, Indian reserved water rights are often litigated or negotiated in settlements and related legislation. This report will examine the creation of Indian reserved water rights under the Winters doctrine. It will analyze the scope of the doctrine, including the purposes for which the water right may be claimed and the sources from which the water may be drawn. It will also discuss various quantification standards that courts have used in attempting to clarify Indian reserved water rights. Finally, it will examine the effect of the McCarran Amendment, through which Congress extended jurisdiction to state courts to hear disputes involving Indian reserved water rights.

Indian Water Rights in the West

Western States Water Council | December 1st, 1983

Indian Water Rights Settlements

Congressional Research Service (CRS) | November 27th, 2017

This report provides an overview of Indian water rights settlements. It analyzes issues surrounding water rights settlements and the negotiation process, as well as imple

This report provides an overview of Indian water rights settlements. It analyzes issues surrounding water rights settlements and the negotiation process, as well as implementation challenges and related issues for Congress.

Indian Water Rights Settlements

Congressional Research Service (CRS) | March 27th, 2017

In the second half of the 19th century, the federal government pursued a policy of confining Indian tribes to reservations. These reservations were either a portion of a

In the second half of the 19th century, the federal government pursued a policy of confining Indian tribes to reservations. These reservations were either a portion of a tribe’s aboriginal land or an area of land taken out of the public domain and set aside for a tribe. The federal statutes and treaties reserving such land for Indian reservations typically did not address the water needs of these reservations, a fact that has given rise to questions and disputes regarding Indian reserved water rights. Dating to a 1908 Supreme Court ruling, courts generally have held that many tribes have a reserved right to water sufficient to fulfill the purpose of their reservations and that this right took effect on the date the reservations were established. This means that, in the context of a state water law system of prior appropriations, which is common in many U.S. western states, many tribes have water rights senior to those of non-Indian users with water rights and access established subsequent to the Indian reservations’ creation. Although many Indian tribes hold senior water rights through their reservations, the quantification of these rights is undetermined in many cases. Tribes have pursued quantification of their water rights through both litigation and negotiated settlements. The settlements involve negotiation between tribes, the federal government, states, water districts, and private water users, among others. They aim to resolve conflict between rights holders and allow the parties to determine specific terms of water allocation and use with certainty. Over the last 50 years, negotiated settlements have been the preferred course for most tribes because they are often less lengthy and costly than litigation. Additionally, many stakeholders have noted that these negotiated agreements are more likely to allow tribes not only to quantify their water rights on paper but also to procure access to these resources in the form of infrastructure and other related expenses, at least in some cases. After being negotiated, approval and implementation of Indian water rights settlements require federal action. As of 2017, 36 Indian water rights settlements have been federally approved. Of these, 32 settlements were approved and enacted by Congress and 4 were administratively approved by the U.S. Departments of Justice and the Interior. After being congressionally authorized, federal projects associated with approved Indian water rights settlements generally have been implemented by the Bureau of Reclamation or the Bureau of Indian Affairs (both within the Department of the Interior), pursuant to congressional directions. Congress has appropriated discretionary and mandatory funding (and, in some cases, both) for these activities, including in recent appropriations bills. Several Indian water rights settlements have been considered and enacted, including three that were enacted in the 114th Congress. A primary challenge facing new settlements is the availability of federal funds to implement ongoing and future agreements. Indian water rights settlements often involve the construction of major new water infrastructure to allow tribal communities to access water they hold rights to, and obtaining federal funding for these projects can be difficult. As a result, some settlements have been renegotiated to reduce their federal costs. At issue for Congress is under what circumstances (if any) to approve new Indian water rights settlements and whether to fund (and in some cases amend) new and ongoing settlements. Some argue that resolution of Indian water rights settlements is a mutually beneficial means to resolve long-standing legal issues, provide certainty of water deliveries, and reduce the federal government’s liability. Others argue against authorization and funding of settlements, either in general or with regard to specific activities associated with individual settlements. This report provides an overview of Indian water rights settlements. It analyzes issues surrounding water rights settlements and the negotiation process, as well as implementation challenges and related issues for Congress.

Indian Wells Valley Groundwater Basin Groundwater Sustainability Plan

Indian Wells Valley Groundwater Authority (IWVGA) | January 14th, 2020

Currently, the groundwater resources in the Indian Wells Valley Groundwater Basin (IWVGB or Basin) are not being sustainably managed. Overdraft conditions have existed fo

Currently, the groundwater resources in the Indian Wells Valley Groundwater Basin (IWVGB or Basin) are not being sustainably managed. Overdraft conditions have existed for decades as a result of groundwater pumping that exceeds the natural Basin yield (Dutcher and Moyle, 1973). The results of overdraft have manifested themselves through various undesirable results, primarily the chronic lowering of groundwater levels, the degradation of water quality, and the reduction of groundwater in storage throughout the IWVGB. (See Section 3 for a discussion of overdraft conditions in the Basin.) In compliance with the Sustainable Groundwater Management Act (SGMA), as set forth in California Water Code (CWC) Section 10720.1, this Groundwater Sustainability Plan (GSP) discusses Basin management strategies that will culminate in the absence of undesirable and unsustainable groundwater conditions in the IWVGB. The GSP recommends management actions and projects, and provides measurable sustainability objectives and milestones that are intended to achieve Basin sustainability while considering the unique geologic and hydrogeologic conditions of the IWVGB. The recommendations of this GSP will provide for long-term sustainable groundwater management in the IWVGB within 20 years of GSP implementation. Due to size, this file has been divided. Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7

Indicators of Climate Change in California

California Environmental Protection Agency (CalEPA) | May 16th, 2018

From record temperatures to proliferating wildfires and rising seas, climate change poses an immediate and escalating threat to California’s environment, public health,

From record temperatures to proliferating wildfires and rising seas, climate change poses an immediate and escalating threat to California’s environment, public health, and economic vitality. Recent climate-related events – such as the devastating 2017 wildfires and the record-setting 2012-16 drought – have highlighted the challenges that confront the state as its climate continues to evolve.  California has been a pioneer in addressing climate change. This report helps support policy decisions and facilitates communication about climate change by providing, in a single document, indicators characterizing its multiple aspects in California.  Indicators are scientifically-based measurements that track trends in various aspects of climate change. Many indicators reveal discernable evidence that climate change is occurring in California and is having significant, measurable impacts in the state.  The report’s 36 indicators are grouped into four categories, as listed below. The report discusses what these indicators show, why they are important, and the factors that may be influencing them.  * Human-influenced (anthropogenic) drivers of climate change, such as greenhouse gas emissions * Changes in the state’s climate * Impacts of climate change on physical systems, such as oceans, lakes and snowpack * Impacts of climate change on biological systems – humans, vegetation and wildlife

Indigenous communities, groundwater opportunities

American Association for the Advancement of Science (AAAS) | August 3rd, 2018

Instead of managing fresh water as one integrated resource, laws frequently treat groundwater separately from more visible, monitored, and managed surface waters. One und

Instead of managing fresh water as one integrated resource, laws frequently treat groundwater separately from more visible, monitored, and managed surface waters. One under-recognized consequence of such legal fragmentation has been uncertainty about whether water rights for indigenous communities, which have been addressed in many countries to varying degrees for surface waters, apply to groundwater. In late 2017, the U.S. Supreme Court left standing a lower court ruling endorsing priority groundwater rights for Native American tribes by denying an appeal in Agua Caliente Band v. Coachella Valley Water District. This ruling establishes a new standard throughout nine western states within the lower court's jurisdiction and establishes persuasive, although nonbinding, legal precedent for the rest of the United States. To evaluate the ruling's broader potential impacts, we present new data cataloging existing Native American water rights and mapping unresolved tribal groundwater claims across the western United States. No court considered such a regional or national quantitative catalog or map. Drawing lessons from past U.S. experience, we then discuss how tribal rights may offer new opportunities to achieve sustainable groundwater management for society at large, with implications beyond the United States. *The full text of this paper is behind a Science Magazine pay wall at a single-issue cost of $15. It should be available for free through research portals at universities, and may be accessible through public libraries with Science Magazine subscriptions. A free summary is contained by the August 3, 2018 Stanford News report "Stanford study reveals the changing scope of Native American groundwater rights – and opportunities for better freshwater management."    

Inequitable patterns of US flood risk in the Anthropocene

Nature Portfolio (Springer Nature) | January 31st, 2022

Current flood risk mapping, relying on historical observations, fails to account for increasing threat under climate change. Incorporating recent developments in inundati

Current flood risk mapping, relying on historical observations, fails to account for increasing threat under climate change. Incorporating recent developments in inundation modelling, here we show a 26.4% (24.1–29.1%) increase in US flood risk by 2050 due to climate change alone under RCP4.5. Our national depiction of comprehensive and high-resolution flood risk estimates in the United States indicates current average annual losses of US$32.1 billion (US$30.5–33.8 billion) in 2020’s climate, which are borne disproportionately by poorer communities with a proportionally larger White population. The future increase in risk will disproportionately impact Black communities, while remaining concentrated on the Atlantic and Gulf coasts. Furthermore, projected population change (SSP2) could cause flood risk increases that outweigh the impact of climate change fourfold. These results make clear the need for adaptation to flood and emergent climate risks in the United States, with mitigation required to prevent the acceleration of these risks.

Inferring efficient operating rules in multireservoir water resource systems: A review

Wires Water (Wiley) | November 20th, 2019

Coordinated and efficient operation of water resource systems becomes essential to deal with growing demands and uncertain resources in water‐stressed regions. System a

Coordinated and efficient operation of water resource systems becomes essential to deal with growing demands and uncertain resources in water‐stressed regions. System analysis models and tools help address the complexities of multireservoir systems when defining operating rules. This paper reviews the state of the art in developing operating rules for multireservoir water resource systems, focusing on efficient system operation. This review focuses on how optimal operating rules can be derived and represented. Advantages and drawbacks of each approach are discussed. Major approaches to derive optimal operating rules include direct optimization of reservoir operation, embedding conditional operating rules in simulation‐optimization frameworks, and inferring rules from optimization results. Suggestions on which approach to use depend on context. Parametrization–simulation–optimization or rule inference using heuristics are promising approaches. Increased forecasting capabilities will further benefit the use of model predictive control algorithms to improve system operation.

Infiltration Theory for Hydrologic Applications

American Geophysical Union (AGU) | January 1st, 2002

Published by the American Geophysical Union as part of the Water Resources Monograph Series, Volume 15. Here is your state-of-the-art guidebook through soil infiltrati

Published by the American Geophysical Union as part of the Water Resources Monograph Series, Volume 15. Here is your state-of-the-art guidebook through soil infiltration theory in response to hydrologic problems. By focusing on the theoretical basis of physically based infiltration functions and their application, Infiltration Theory for Hydrologic Applications presents an in-depth review of current issues and concerns. For scientists wishing concise and robust equations that can be applied in models for a variety of objectives.