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.

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."    

Measuring Progress Toward Universal Access to Water and Sanitation in California: Defining Goals, Indicators, and Performance Measures

Pacific Institute | September 15th, 2018

In January 2018, over half a million Californians were served by water utilities that were out of compliance with the Safe Drinking Water Act (SDWA). The worst outbreak o

In January 2018, over half a million Californians were served by water utilities that were out of compliance with the Safe Drinking Water Act (SDWA). The worst outbreak of Hepatitis A in recent memory occurred in 2016-2018 due to open defecation and lack of handwashing facilities for persons experiencing homelessness. California’s tribes continue to face problems of poor housing and water and sanitation service, with two-thirds of tribal communities reporting inadequate home plumbing in 2015.1 And the cost of water has increased for many, particularly among small and medium size systems, with 39 community water systems in the state charging more than $100 a month for 12 CCF of water. In response to the problem, California enacted the Human Right to Water in 2012, declaring that “Every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.”

Mono Lake Kutzadika’a Tribe support for Emergency Action at Mono Lake Due to Low Lake Level

California State Water Resources Control Board (SWRCB) | December 22nd, 2022

Moving Forward Effort: Phase 1 Report

U.S. Bureau of Reclamation (USBR) | May 1st, 2015

In 2012, the Bureau of Reclamation (Reclamation), in partnership with the seven Colorado River Basin States (Basin States) and in collaboration with a wide spectrum of

In 2012, the Bureau of Reclamation (Reclamation), in partnership with the seven Colorado River Basin States (Basin States) and in collaboration with a wide spectrum of Colorado River Basin (Basin) stakeholders, published the most comprehensive study of future Basin supply and demand ever undertaken. The Colorado River Basin Water Supply and Demand Study (Basin Study) confirmed that, in the absence of timely action, there are likely to be significant shortfalls between projected water supplies and demands in coming decades. The Basin Study also confirmed that a wide range of solutions are needed to mitigate and adapt to such shortfalls, which are likely to affect each sector (agricultural, municipal, energy, and environmental, for example) dependent on the Colorado River and its tributaries. In response to the findings of the Basin Study, in May 2013, Reclamation and the Basin States, in collaboration with the Ten Tribes Partnership and conservation organizations, initiated the Moving Forward effort to build on future considerations and next steps identified in the Basin Study. The Moving Forward effort builds upon and enhances the broad, inclusive stakeholder process demonstrated in the Basin Study with an ultimate goal of identifying actionable steps to address projected water supply and demand imbalances that have broad-based support and provide a wide-range of benefits. The Moving Forward effort is being conducted in a phased approach. Phase 1, which was funded by Reclamation and the Basin States, began with the formation of a Coordination Team and three multi-stakeholder workgroups that focus on water conservation, reuse, and environmental and recreational flows. The Phase 1 Report documents the activities and outcomes of the workgroups during this phase. Commenting on the information provided in the Phase 1 Report is encouraged. Written comments should be submitted within 90 days following the release of this report. The comments will be summarized and posted to the Moving Forward website and will be considered in future Moving Forward phases. Instructions for submitting comments are provided at [this link].

Native American use of fire (and its effects on water)

Bureau of Indian Affairs (BIA) | January 30th, 2014

Native Americans have a long history of traditional fire use on Mother Earth. Fire use promoted their desired ecological state of the environment. These traditions and ti

Native Americans have a long history of traditional fire use on Mother Earth. Fire use promoted their desired ecological state of the environment. These traditions and time of season to burn for a desired effect have been passed down generation to generation. Henry T. Lewis, who has authored more books and articles on this subject than anyone else, concluded that there were at least 70 different reasons for the Indians firing vegetation. These reasons included hunting, crop management, insect collection, pest management, improving growth and yields, fireproofing areas, clearing areas for travel, felling trees, and clearing riparian areas just to name a few.

Near-term Colorado River Operations Draft Supplemental Environmental Impact Statement

U.S. Bureau of Reclamation (USBR) | April 11th, 2023

Reclamation is proposing revising the 2007 Interim Guidelines for the near-term operation of Glen Canyon and Hoover Dams beginning in the 2024 operating year (beginning O

Reclamation is proposing revising the 2007 Interim Guidelines for the near-term operation of Glen Canyon and Hoover Dams beginning in the 2024 operating year (beginning October 1, 2023) to address the potential for continued low-runoff conditions in the Basin.

Near-term Colorado River Operations Revised Draft Supplemental Environmental Impact Statement

U.S. Bureau of Reclamation (USBR) | October 26th, 2023

Reclamation is proposing to revise the 2007 Interim Guidelines for the operation of Glen Canyon and Hoover Dams beginning in the 2024 operating year to address the potent

Reclamation is proposing to revise the 2007 Interim Guidelines for the operation of Glen Canyon and Hoover Dams beginning in the 2024 operating year to address the potential for continued low-runoff conditions in the Colorado River Basin. The potential impacts of low runoff conditions in the remainder of the interim period (prior to January 1, 2027) pose unacceptable risks to routine operations of Glen Canyon and Hoover Dams; therefore, modified operating guidelines should be expeditiously developed. Due to size, this file has been divided. Part one, Part two.

Overview of Disadvantaged Communities and Native American Tribes in the Santa Ana River Watershed

U.S. Bureau of Reclamation (USBR) | December 19th, 2003

This report provides a brief description of Disadvantaged Communities (DACs) and Native American Indian Tribes (Tribes) located in or near the Santa Ana River Watershed (

This report provides a brief description of Disadvantaged Communities (DACs) and Native American Indian Tribes (Tribes) located in or near the Santa Ana River Watershed (SARW), and a summary of water and related resource opportunities and challenges facing these entities.  The information was gathered from several sources including personal interviews, web research, documentation review, and publicly available information. This report addresses DACs and Tribes separately, as they each have very different and distinctive demographics and economic bases. This document is not meant to be an exhaustive analysis of their unique factors, but rather an introduction and, in some cases, an overview of these populations and their unique water resources requirements.  There are legitimate water quality issues that impact low income and Tribal communities throughout the SARW, but some perceptions of unsafe water where water supplies are clearly safe for public consumption identify another problem. The solution to these issues is to ensure that all communities have the information, financial and technical resources, and administrative and regulatory policies they need to make informed decisions that can result in benefits to all members of communities within the Watershed. One of the key provisions found through this research that could assist DACs is the 1996 Safe Drinking Water Act (SDWA) Amendments and the 2006 Safe Drinking Water State Revolving Fund (DWSRF) program.  Through the DWSRF, states can provide below-market interest rate loans to publicly and privately owned community water systems and nonprofit non-community water systems for necessary infrastructure improvements. States may also establish separate eligibility criteria and special funding options for economically disadvantaged communities through this program. Section 1452 of the SDWA defines a disadvantaged community as “the service area of a public water system that meets affordability criteria established after public review and comment by the State in which the public water system is located.” Under this section, states may provide additional subsidies (including forgiveness of principal) to communities that meet the established criteria, or that are expected to meet these criteria as a result of a proposed project. Though no special provision was found related to Tribes, the U.S. Environmental Protection Agency (EPA) supports “Tribal Assumption of Federal Environmental Laws” under federal statutes, stating, among other things, that “[t]he Agency will recognize tribal governments as the primary parties for setting standards, making environmental policy decisions, and managing programs for reservations, consistent with Agency standards and regulations.” Three Federal environmental statutes - the SDWA, the Clean Water Act, and the Clean Air Act - explicitly authorize EPA to “treat tribes in the same manner as states” for purposes of implementing various EPA environmental programs that may be of benefit to these communities.

Pathways and Barriers to Corporate Water Stewardship in the Colorado River Basin

Pacific Institute | October 24th, 2023

The Colorado River is the lifeblood of the American West. It supports 30 Native American tribes and farms, cities, and ecosystems in seven US states—Arizona, California

The Colorado River is the lifeblood of the American West. It supports 30 Native American tribes and farms, cities, and ecosystems in seven US states—Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming—and the Mexican states of Baja California and Sonora. However, the river is in crisis. Twenty-three years of drought, the over-allocation of water, and climate change have exacerbated a structural deficit—where more water leaves the system than enters it—for the tribes, communities, and ecosystems that depend on the Colorado River. To advance water resilience in the Colorado River Basin (Basin), accelerated action and investment are required from all sectors. These efforts must be strategic, coordinated, and amplified to effectively tackle the Basin’s challenges. Corporations can play a key role through their operations and supply chains, and by co-funding innovative projects. While a subset of leading companies is engaging in corporate water stewardship (CWS) in the Basin, more is needed to meet the magnitude of the water crisis at hand. This report outlines barriers and pathways to CWS in the Basin based on 20 interviews with corporate and non-corporate stakeholders from February to April 2022, and interviewee feedback on the results. The report is part of a broader Pacific Institute effort to advance CWS in the Basin. We are using these findings to prioritize CWS projects, initiatives, and approaches to pilot and scale in the Basin. More broadly, the findings are applicable to moving CWS toward building long-term water resilience in the Basin and other water-stressed basins around the world.