BOARD02509

• Board Meeting Date: 7/9/1992
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

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I. INTRODUCTION

The ten Tribes of the Colorado River Tribal Partnership
invite the States to discuss with them the management and future
uses of the waters of the Colorado River. While tribal water
rights were not covered by the 1922 and 1948 Compacts that form
the foundation for the "Law of the River," the decision in
Arizona v. California, 373 U.S. 546 (1963), ensures that tribal
rights in the Basin will be fully protected by the United states
and that the actions of the States cannot infringe on the tribal
entitlements. As recognized in that decision, the federal
government is responsible for developing the waters of the"
Colorado River for the economic benefit of both the states and
the Indian Tribes.

The ten Tribes have formed the Partnership to assist them in
developing and protecting tribal water resources and to address
technical, legal, economic, and practical issues related to the
operation of the Colorado River. The Tribes perceive many
threats to their rights and are very concerned that the operation
of the River not interfere with their ability to put their rights
to use ontheuzoeservations. One of the principal objectives of
the partnership is to maximize on-reservation use of water,
although some Tribes are willing to explore off-reservation use
of tribal water. Finally, the Tribes along the River are
confronted by many difficult issues arising from the protection
of endangered species. They wish to have a much greater voice in
the resolution of these troublesome matters.

II. ON.RESERVATION US~ OF
TRIBAL WATER RIGHTS

The Tribes are confident that, in the long run, they will
fully develop tribal water resources for use on their reser-
vations. certainly, the federal commitment to develop tribal
water resources is clear and continues in effect today. Indeed,
the Department of the Interior recently acknowledged the strength
of that commitment in determining to proceed with water develop-
ment to benefit the Tribes in the San Juan Basin despite serious
environmental concerns. And, of course, many tribal water rights
settlements have focused on providing the affected tribes with
the means to put their water to work on their reservations.

The present attention on developing tribal water resources
in the Colorado River Sasin raises the question of whether water
marketing is another way to meet the needs of tribal members.
The Tribes are aware of the difficulties that presently affect
all users in putting their water to use. Those difficulties must
be considered by the Tribes as they plan for the on-reservation
use of their water resources. Water marketing may well be more
consistent with present environmental limitations and help to
satiSfy the need for in-stream flows for recreational purposes.
Evolving national priorities suggest that off-reservation