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The Federal Government shall comply with all applicable state laws and regulations regarding water resources and <br />water management in accordance with the deference established in the Constitution of the United States. <br />Position Statement - -- Compliance with State Law - -- (Resolution No. 2006 -5) <br />The 10 Amendment to the Constitution of the United States reserves to the states and people, powers not <br />delegated to the United States by the Constitution or otherwise prohibited by the Constitution to the states. The states are <br />directly responsible for many water management, planning and regulatory functions and are affected by federal policies and <br />programs. <br />If there is to be responsible and effective policy and decision - making in water management, planning and <br />regulation, the balance of powers between the state governments and the federal government under the 10th Amendment to <br />the Constitution of the United States must be preserved. The 10th Amendment reserves to the states and people those <br />powers not delegated to the United States by the Constitution or otherwise prohibited by the Constitution to the states, but <br />this balance has been severely eroded over time. The power and authority reserved to the states in the management of <br />water resources shall be returned to the states and local governments. <br />The states are directly responsible for many water management, planning and regulatory functions and are affected <br />by federal policies and programs. Greater deference shall be given to state and local determinations of the need for and the <br />purposes served by water projects. The federal purpose and need, as established in the federal permitting process, should <br />incorporate the water project sponsor's purpose and need. No federal policy, will or agenda shall frustrate or subvert local <br />needs. <br />that: <br />Resolution No. 2006 -6 - -- SETTLEMENT OF INDIAN RESERVED RIGHTS <br />The CRWUA supports the settlement of Indian reserved water rights by negotiation or agreement, recognizing <br />1. After the resolution of Indian reserved water rights by negotiated settlement, Indians and non - Indians will <br />still be neighbors sharing a common resource that is vital to their continued existence; <br />2. Controversies over Indian reserved water rights occur because the federal government has frequently <br />failed to fulfill its trust duties to protect and assert tribal water rights with the result that non - Indian <br />economies have developed in reliance on rights to use water that do not always adequately account for <br />Indian reserved rights; <br />3. Settlements should result in the least possible disruption of existing water uses and the economies based <br />on those uses, while at the same time providing the affected tribes with the firm water supplies required to <br />meet the long -term needs of the reservation inhabitants and to establish lasting tribal economies; <br />4. The achievement of these objectives requires federally funded water projects designed to ensure that all <br />of the tribal water needs in the subject basin or watershed are met; <br />5. The participation of the State, local governmental entities and non - Indian water users in the settlement <br />process is required for the success of any negotiated settlement. <br />6. Any water rights settlements that have been approved by the respective parties should be immediately and <br />fully funded to implement their terms within the specified timeframes. <br />Position Statement - -- Settlement of Indian Reserved Rights - -- (Resolution No. 2006 -6) <br />Indian water right claims based on "reserved water rights" for federal reservations are established under the <br />"Winters Doctrine." Water rights adjudication is the process by which states give water usage rights to local individuals <br />and entities. Often, this involves making decisions about how to distribute water amongst competitive and conflicting <br />claims. In general, Indian Tribes have not been adjudicated sufficient water rights to fulfill treaty responsibilities. Recent <br />attempts to establish more equitable Indian water rights have been successful, but where the water will come from to fill <br />these new rights is the subject of much debate. <br />10 <br />