Western States Water Council 2001 Report

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Working Group. Jennifer, a former member of the Council from both Wyoming and Colorado, was good natured but frank about the federal government's fiscal constraints. In response to earlier comments, she noted that if we scrap the current criteria and procedures, there would be little to talk about, as far as the Administration was concerned. They could doubtless be improved, but were necessary to guide the Administration's involvement. Given the fiscal constraints, she emphasized the need for creativity in approaching the critical issue of funding. However, she emphasized the continuing commitment of the Administration to their trust responsibility for tribes and pledged her best efforts to support negotiated settlements. Jennifer also described the work of the working group which she chairs within Interior. She said once the working group has achieved consensus, they present their views to the Office of Management and Budget (OMB), who review it to determine if it is consistent, in their view, with the criteria and procedures. A federal position is thereafter defined and presented. In this context, she saw the criteria as flexible. While the Administration would continue to be guided by them, hours had been spent with OMB about their interpretation, particularly regarding the notion that contributions should be proportionate to benefits. However, there comes a time when settlements will continue to go forward, and even consistency with the criteria and procedures does not guarantee approval she said. And of course, Congress is not bound by these criteria. With regard to creativity, she noted that state and local parties, in particular, are going to have to "dig deeper," and a big settlement every year is unlikely. She also noted that a hearing on the proposed Duck Valley Settlement was scheduled within the next few weeks. There would likely be much that could be learned from this hearing about the Congressional response to the Administration's policies. As with the other presentations the previous day, time was provided for questions. A central theme of the questions revolved around the desirability of continuing a settlement policy, given the many constraints that always existed, but were now exacerbated. A response panel followed Ms. Gimbel's remarks. Susan Cottingham, Program Manager of the Montana Reserved Water Rights Compact Commission, felt the Administration had pulled back from their willingness to fund these settlements, particularly in light of the size of the settlements approved in Arizona and Idaho. While noting the obvious tragedy that occurred along the Gulf Coast and the need to respond, she also noted that Congress had just signed into law a $286B transportation measure that contained a record number of projects inserted by members of Congress from both parties. Her conclusion was that funding by Congress continued to be a matter of priorities, and that we need to work together to ensure that Indian water right settlements become a higher priority. OMB was driving the process and using the criteria and procedures as a weapon in their pullback from federal funding. She urged more authority be given to local negotiating teams, and that the criteria and procedures must be broadened if they are to be retained. Nelson Cordova, Water Rights Adjudication Coordinator for the Taos Pueblo, described the needs of tribes and their view of water as sacred. He described some of the ongoing negotiations in New Mexico, and also underscored the importance of the federal government abiding by its trust responsibilities. He noted that if we could get "wet water" to the reservation, then there could be substantial economic development and less dependence by tribes on federal funding. Shaun McGrath, Program Manager for Water and Drought at the Western Governors' Association, next described the activities of the Ad Hoc Group of Indian Water Rights, composed of the Western Governors' Association, the Western Business Roundtable, the Native American Rights Fund, and the Western States Water Council. He noted the longstanding support of the governors in support of settlements and the activities of the Ad Hoc Group to that end. While recognizing the need for creativity in looking at the issue of funding, he expressed the hope that the federal government would do its part in looking at new options to secure the necessary funding. He noted that it may take a "crisis" of sorts in the form of five or six settlements coming before the Congress to gain the kind of attention that was warranted. 28