Small Water Systems and Rural Communities Drought and Water Shortage Contingency Planning and Risk Assessment, Part 2

California Department of Water Resources (DWR) | March 25th, 2021

This report is submitted pursuant to California Water Code (CWC) Section 10609.42 which directs California Department of Water Resources (DWR) to identify small water sup

This report is submitted pursuant to California Water Code (CWC) Section 10609.42 which directs California Department of Water Resources (DWR) to identify small water suppliers and rural communities that may be at risk of drought and water shortage vulnerability and propose recommendations and information in support of improving the drought preparedness of small water suppliers and rural communities. The report is published in two parts: Part 1 dealing with drought and water shortage contingency planning recommendations, and Part 2 presenting a methodology and results of drought and water shortage vulnerability assessment and risk scoring. Additionally, below are links for Part 2 appendices. Appendix 1: Drought and Water Shortage Risk Scoring: California’s Small Water Supplier and Self-Supplied Communities Appendix 2: Drought and Water Shortage Risk Scoring: Risk Score Results of Small Water Suppliers Appendix 3: Drought and Water Shortage Risk Scoring: Risk Score Results of Self-Supplied Communities

Supreme Court Declines to Review Ninth Circuit Decision Applying Federal Reserved Water Rights Doctrine to Groundwater

Congressional Research Service (CRS) | December 21st, 2017

The 2012-2016 drought in California and parts of other western states may have ended, but availability of water will continue to present issues for Cong

The 2012-2016 drought in California and parts of other western states may have ended, but availability of water will continue to present issues for Congress to consider. While state, rather than federal , law typically governs allocations of water resources within a state , there are exceptions where federal law does affect water allocation. Thefederal reserved water rights doctrine, for example, holds that when the federal government reserves federal lands for a particular purpose (such as for a tribal reservation or national monument ) , it impliedly reserves a right to water necessary to accomplish the purposes for which the reservation was created . Si nce 1908, when the Supreme Court established the doctrine in Winters v. United States, courts have applied it to surface waters; a March 2017 decision of the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) held, apparently for the first time, that the doctrine can encompass groundwater as well. On November 27, 2017, the Supreme Court declined to review this decision, which thus, for now, sets a potentially important precedent within the Ninth Circuit for other groundwater resource issues and disputes. The case Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District originated w hen a tribe sued local water agencies in 2013 in federal district court in California, alleging that the water agencies were adversely affecting the quantity and quality of water available to them by over-drafting an aquifer. Among other claims, the tribe sought a declaration that it had a federally reserved right to the groundwater underlying the reservation , which was established in the 1870s. The United States intervened to defend its ownership, tribal trust, and sovereign interests in the water rights and the tribe’s reservation. In 2015, t he district court ruled in favor of the tribe and the United States on the threshold claim that the government impliedly reserved appurtenant water sources — including underlying groundwater — when it created the tribe’ s reservation . (Subsequent phases of the Agua Caliente Band case are still being litigated. They involve whether the tribe owns the “pore space” or “storage space” of the groundwater basin.

The doctrine of reserved water rights. What are federal and tribal reserved water rights?

California Department of Water Resources (DWR) | January 1st, 2009

The doctrine of reserved water rights evolved to ensure that Indian reservations and public lands set aside by the federal government would have sufficient water to fulfi

The doctrine of reserved water rights evolved to ensure that Indian reservations and public lands set aside by the federal government would have sufficient water to fulfill the purposes for which they were established. Whereas most western water rights (state-based appropriative rights) have a priority date based on when water was first put to beneficial use, federal reserved water rights have a priority date that goes back at least as far as the date on which the lands were set aside. The reserved water rights doctrine is rooted in a number of judicial decisions, beginning with a U.S. Supreme Court decision that has come to be called the Winters Doctrine. The case of Winters vs United States involved a dispute between Native Americans of the Ft. Belknap Reservation and nonnative settlers over the use of the Milk River in Montana. When the water use of the settlers upstream from the reservation interfered with the Indians' water need for large Irrigation diversions, the U.S. government filed a lawsuit on the reservation's behalf. The Winters decision held that when Congress created the Ft. Belknap Reservation, sufficient water to make the Indians a "pastoral and civilized People" was implicitly set aside. Therefore, although the normative settlers had perfected their water rights under Montana state law, the water right of the Indians of Ft. Belknap was prior, or senior in use.

The Enduring Role of Tribes in the Colorado River Basin

Water and Tribes Initiative | July 1st, 2019

The purpose of this policy brief is to explain the origin, rationale, and purpose of the Water & Tribes Initiative in the Colorado River Basin. As explained more fully be

The purpose of this policy brief is to explain the origin, rationale, and purpose of the Water & Tribes Initiative in the Colorado River Basin. As explained more fully below, the long-term objectives of this Initiative are to: • Enhance the capacity of tribes to advance their needs and interests with respect to water management in the basin; and • Advance sustainable water management through collaborative decision-making.

The Federal-Tribal Trust Relationship: Its origin, nature, and scope

California Department of Water Resources (DWR) | January 1st, 2009

The Klamath River’s dams are being removed. Inside the effort to restore a scarred watershed

Los Angeles Times | March 24th, 2024

HORNBROOK, Calif. — Near the California-Oregon border, reservoirs that once submerged valleys have been drained, revealing a stark landscape that had been underwater f

HORNBROOK, Calif. — Near the California-Oregon border, reservoirs that once submerged valleys have been drained, revealing a stark landscape that had been underwater for generations. A thick layer of muddy sediment covers the sloping ground, where workers have been scattering seeds and leaving meandering trails of footprints. In the cracked mud, seeds are sprouting and tiny green shoots are appearing. With water passing freely through tunnels in three dams, the Klamath River has returned to its ancient channel and is flowing unhindered for the first time in more than a century through miles of waterlogged lands.

The Status of Tribal Water Rights in the Colorado River Basin

Water and Tribes Initiative | April 9th, 2021

There are 30 federally recognized tribes in the Colorado River Basin. Twenty two of these tribes have recognized rights to use 3.2 million-acre feet (maf) of Colorado Riv

There are 30 federally recognized tribes in the Colorado River Basin. Twenty two of these tribes have recognized rights to use 3.2 million-acre feet (maf) of Colorado River system water annually, or approximately 22 to 26 percent of the Basin’s average annual water supply. In addition, 12 of the tribes have unresolved water rights claims, which will likely increase the overall volume of tribal water rights in the Basin. Under the Upper Colorado River Basin Compact and the U.S. Supreme Court’s decree in Arizona v. California, all tribal water uses are counted against the apportionments made to the states. Tribes’ rights are generally senior to state law-based water rights.

Time-lagged impacts of extreme, multi-year drought on tidal salt marsh plant invasion

Ecological Society of America (ESA) | June 11th, 2020

Climate change is projected to increase the frequency of extreme drought events, which can have dramatic consequences for ecosystems. Extreme drought may interact with o

Climate change is projected to increase the frequency of extreme drought events, which can have dramatic consequences for ecosystems. Extreme drought may interact with other stressors such as invasion by non-native species, yet little research has explored these dynamics. Here, we examine the physical mechanisms and temporal scale underlying a dieback of an invasive non-native plant, Lepidium latifolium, in tidal salt marshes of the San Francisco Bay, California, USA, during an extreme, multi-year drought occurring from 2012 to 2015. Using generalized additive mixed models (GAMMs), we explored the relationship between eight years of estuarine salinity data and five years of L. latifolium density data from three marshes spanning a gradient of salinity across the San Francisco Bay. We found a significant time-lagged (3 yr) effect of estuarine salinity on L. latifolium density, with high salinities preceding reductions in L. latifolium densities and low salinities preceding increases. The most dramatic change in stem density, a 54% reduction in 2015, was preceded by a salinity increase of 43% from 2011 to 2012. We found the L. latifolium decline was driven by impacts on mature, rather than young, plants. Additionally, we tested the importance of local precipitation in driving L. latifolium densities in a one-season rain exclusion experiment. We found 100% exclusion of precipitation during one rainy season (January–mid-May) did not have a significant impact on densities of mature stands of L. latifolium. Our finding that estuarine salinity was a key driver of L. latifolium invasion dynamics suggests sea level rise, like extreme drought, may hinder L. latifolium invasion, as it will also raise estuarine salinities. Further, our study highlights the importance of temporal lags in understanding climate change impacts on biological invasions, which has received very little study to date.

Torres Martinez Tribe Salton Sea Oral Testimony

Salton Sea Authority | September 24th, 2020

 Chairman and Ranking Member, I sincerely appreciate the opportunity to testify today. I am the Tribal Council Chairman of the Torres Martinez Desert Cahuilla (Tribe) an

 Chairman and Ranking Member, I sincerely appreciate the opportunity to testify today. I am the Tribal Council Chairman of the Torres Martinez Desert Cahuilla (Tribe) and a director on the Salton Sea Authority (SSA). I offer this testimony on behalf of both the Tribe and SSA.  I want to begin by thanking Congressman Ruiz (D-Calif.) and Congressman Vargas (D-Calif.) for their hard work to place this issue squarely before the Committee today. The Tribe and SSA view this hearing as a very important beginning of a more robust Congressional effort to drive federal action at the Salton Sea. 

Tribal Collaboration in IRWM: Challenges, Solutions and Recommendations

University of California, Davis (UC Davis) | May 5th, 2017

The Integrated Regional Water Management (IRWM) Tribal Collaborative Effectiveness Study evaluates Tribal participation in the Department of Water Resources’ (DWR) Inte

The Integrated Regional Water Management (IRWM) Tribal Collaborative Effectiveness Study evaluates Tribal participation in the Department of Water Resources’ (DWR) Integrated Regional Water Management (IRWM) grant program.  The Department administers the overall IRWM program, and individual regions form Regional Water Management Groups (RWMG) develop IRWM plans and submit specific water management projects for funding consideration by DWR. Following indigenous collaborative research protocols, we conducted surveys, interviews and focus-group meetings with Tribal representatives throughout the state. While we collected data from Tribes statewide, our efforts were focused in five specific IRWM regions. The aim of our research is to identify strengths, weaknesses, and opportunities for Tribal participation in the IRWM program.