Western States Water Council 2005 Report

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Wind River Indian Reservation tribes, reaching a cooperative water management agreement. He also said that lawyers often create problems and can alienate the tribes, making it hard to reach results. "If we leave our egos at the door," he suggested, "we can work together to reach an agreement." Jim Grijalva, a Law Professor from the University of North Dakota, followed with a review of tribal jurisdiction over land and water issues on the reservations. In trying to figure out why there are so many issues brought up between states and tribes, and suspiciously less between separate states, he summarily asked, "the real question is... is this about bad blood ?" He asserted that often disputes that would not arise between two neighboring states arise between a state and a tribe located within its boundaries. He cited an example of North Dakota's treatment of the Spirit Lake Nation in attempting to create a canal to drain Devils Lake. He said that North Dakota went to the tribe when it was in the state's best interest, but only after tribal objections. North Dakota did not want to acknowledge the tribe's stand. As a friendly caution to states, Grijalva concluded that often times when tribes do not want state machinery to come in and help with water issues, the states should not get offended, because the tribe may be fearful that later these actions could be used as an indication of surrender of authority in that area. The Administration's Settlement Policy and the Implementation of Settlements Bill Myers, DOI Solicitor, prefaced his comments with an overview of how life has changed since September 11, 2001. He also stated that the laws that we live under have not changed, and that Secretary Norton supports and intends to continue to focus on settlements. It is DOI's position that litigation is a poor way to deal with Indian water rights. It is lengthy, expensive, and worst of all, it is uncertain. Though there has been a general tightening of the belt to reduce the federal budget in an effort to support the war on terrorism, there are currently 38 negotiation assessment teams nationwide. He noted that the Working Group approach to settlements will continue, and that a Counselor to the Secretary will be appointed to oversee the Administration's efforts, in addition to the support provided by the Office of Water Rights. Mr. Myers then opened up the time for a question and answer session. Floyd Franco of the Tule River Indian tribe mentioned that federal consultations are needed to assess needs of the tribes nationwide. He, as well as others at the symposium, asked what was the Administration's policy on continuing the Federal - Tribal Task Force on Funding. Solicitor Myers, while agreeing that it was a valuable asset, indicated that the Administration has not yet made a decision regarding the continuation of the task force. When asked, Myers said that the DOI should be filling the position of Assistant Secretary for Indian Affairs soon. He said that most of his time is spent dealing with Native American issues, and he does not see that changing any time in the future. "We are always trying to get more qualified lawyers and better staff," he concluded. The question was posed, "Does the Winters Doctrine apply to groundwater ?" Solicitor Myers said that he was not sure about the interplay between groundwater and the Winters Doctrine. 29