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<br />. <br /> <br />. <br /> <br />. <br /> <br />.~lH'i-l:=.-l'3':<2 1-1:3:; FFOI'I ['HillEL H. I~PHEL. F'.,:. <br /> <br />16022::.~.G~.0b-- 30 <br /> <br />P.0b <br /> <br />TO <br /> <br />,-, <br /> <br />r-. <br /> <br />available to the other states in the future. Understal1dably, the <br />other states are reluctant to accept such a risk simply to bene- , <br />fit California. For a variety of reasons, some of the Tribes may <br />be better able, or at least more willing, than the states to <br />accept the risk associated with committing a portion of their <br />entitlements to meet California's needs. A water marketing <br />arrangement that allows tribal water to be used to meet the needs <br />of California and the other water short states will also <br />eliminate the danger to the water-short states that the presently <br />unused water on which they relY will be put to use by those <br />entitled to it. <br /> <br />It is important to note that a decision by a Tribe to use a <br />portion of its water entitlements to help meet California's needs <br />would not affect the reasonable expectations of the other Basin <br />states with regard to the amount of water available for use by <br />their non- Indian citizens. The states cannot plan on using <br />water allocated to the Tribes to serve state purposes; rather <br />such water is dedicated to meeting tribal needs. Only the Tribes <br />have the authority to decide how tribal water rights should be <br />used to benefit tribal members. Stated another way, a decision <br />by a tribe to market water does not affect other water Users in <br />the state in question any more than if the tribe were to put that <br />water to use on its reservation. <br /> <br />As our brief proposal below demonstrates, the marketing of <br />Colorado River waters by the Tribes would require the cooperation <br />of a large number of entities. We realize that it is necessary <br />to preserve the allocations to the States within the Compacts, to <br />honor the terms of the Indian water rights settlements, to <br />addr~ss the terms of the Decree in Arizonav. California, and to <br />comply with the requirements of the Non-Intercourse Act. We do <br />not underestimate the potential legal difficulties that need to <br />be addressed, nor are we unaware of the complexity of meeting <br />legitimate state needs in developing such a proposal. .Neverthe- <br />less, we are convinced that the best way to address the situation <br />confronting California and the other water-short states without <br />infringing on the legitimate expectations of the other States is <br />through tribal marketing. <br /> <br />With these introductory comments in mind, we now turn to an <br />outline of those concepts which we believe can increase the eco- <br />nomic benefits available to the Tribes from the Colorado River. <br />At the end of this outline, we include a brief summary of the <br />tribal water rights which might be available for use under this <br />proposal. <br /> <br />3 <br />