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Last modified
7/14/2011 10:11:26 AM
Creation date
9/30/2006 10:09:44 PM
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Publications
Year
2001
Title
Layprson's Guide to the Colorado River
CWCB Section
Interstate & Federal
Author
California Water Education Foundation
Description
Layprson's Guide to the Colorado River
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<br />uphold Indian claims to receive approximately 1.2 <br />million acre-feet of water, about one.third more than <br />previously awarded to them. A 1983 Supreme Court <br />decision rejected that recommendation. <br /> <br /> <br />Indian Water Ri hts <br /> <br />Some American Indians are <br />working to exercise their <br />rights to the Colorado <br />Riverfor agricultural and <br />M & fuses orfor leasing <br />to potelllial buyers. <br /> <br />Like many riV8Helated issues, tribal rights to water <br />have been litigated for years. with the first key U.S. <br />Supreme Court decision relative to the Colorado <br />River occurring in 1963. For many years, American <br />Indians have been unable to exercise all of their <br />Colorado River and tributary rights, farming less <br />than their full amount of irrigable acreage due to <br />political, environmental and economic limitations. An <br />agreement for off-reservation leasing of Indian <br />Colorado River water has been submitted to the <br />secretary of the Interior for approval. If implemented, <br />such a proposal could have an impact on how <br />Colorado River water is used in the future. <br /> <br />The history of Indian court-adjudicated rights to water <br />begins with the 1908 court decision in Winters v. <br />United States. The court established that Indian <br />water rights existed whether or not water was actually <br />being used by the tribe. That decision was reaffirmed <br />in the 1964 Arizona v. California decree in which the <br />U.S. Supreme Court justices held that five lower <br />Colorado River reservations "were not limited to land, <br />but included waters as well:' The court determined <br />that the only feasible and fair way reserved reserva- <br />tion water could be measured is on the basis of <br />practicable irrigable acreage (PIA). Indians were not <br />restricted to using the water for agriculture. but <br />off.reservation uses have rarely been recognized, <br />nor were Indian water rights recognized when the <br />Colorado River Compact was negotiated and signed <br />in 1922. <br /> <br />Thirty years after the Supreme Court decision. <br />Indians are farming about 60 percent of their irrigable <br />acreage on five lower Colorado River reservations. <br />The tribes made additional claims in 1979 which the <br />U.S. Supreme Court turned over to a Special Master. <br />In 1982, the Special Master recommended the court <br /> <br /> <br />< . <br /> <br />11 <br /> <br />Estimates of how much Colorado River water Indians <br />could lay claim to remain hazy. In Arizona, for <br />example, approximately 3 million acre-feet of the <br />Colorado River and its tributaries are being claimed <br />by the tribes. Increasingly, Indian water rights claims <br />are met through settlements, thus allowing both <br />tribes and other water users relying on the source(s) <br />in dispute certainty over rights. <br /> <br />The largest Indian water rights settlement in the <br />history of the United States could take place in <br />Arizona with the Gila River Indian Community - <br />composed of members from the Mariposa and Pima <br />tribes - which holds claims to 1.5 million acre-feet <br />of water from the Colorado River and its tributaries. <br />Under the settlement. the tribe would receive <br />653.500 acre.feet annually. 328.500 of which would <br />be provided through the CAP and from non-Indian <br />water user supplies. The settlement has been tied <br />to a repayment agreement between Arizona and <br />Interior. funding from which could potentially be used <br />to finance the Gila Community settlement and future <br />Indian water rights claims. The broad and immensely <br />complicated "Arizona Water Rights Settlement Act," <br />also would meet Tohono O'Odham Nation and <br />San Carlos Apache Tribe claims. <br /> <br />Federal legislation and court decisions have granted <br />tribes nearly 1 million acre-feet in the Upper Basin <br />and nearly 1 million acre.feet of diversion rights in <br />the Lower Basin. Yet. less than half of this water is <br />actually being used by Indians. Some of the tribes <br />with mainstream rights are anxious to lease their <br />conserved water to other off reservation users. Such <br />measures could have economic benefits for Indian <br />tribes by allowing them to lease substantial amounts <br />of water for municipal and industrial use, creating <br />jobs and generating money. Some large water users <br />already using the water the tribes now leave in the <br />river may have to eventually pay for water consumed <br />free for years. <br /> <br />California's draft Colorado River water use plan <br />recognizes the request of the Interior to provide a <br />16.000 acre-feet annual supply (to replace water <br />taken by local non-Indian users) of water as part of <br />the San Luis Rey Indian Water Rights Settlement in <br />northern San Diego County. But. elsewhere. the <br />claims of three tribes on the Colorado River - the <br />Hualapai. Havasupai and the Navajo - have yet to <br />be addressed. <br />
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