WSPC01188

• File Number: 8064
• Description: Indian Water Rights
• State: CO
• Date: 1/1/1987
• Author: American Indian Reso
• Title: Tribal Water Management Handbook
• Water Supply Pro - Doc Type: Report/Study

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INTRODUCTORY OVERVIEW

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The comprehensive management of water resources on Indian reservations
involves numerous factors. Tribal water managers are faced with the need to
understand the science of watersheds and other hydrologic concepts, the legal
framework of water administration, the opportunities for fmancial support, the
regulatory implications of water use options and various other components for
turning Winters rights into tribal benefits.

This Tribal Water Management Handbook provides an overview of the many
parameters that are necessary for effective water management. Although no book
can deal comprehensively with each of these topics, this Handbook introduces the
basic concepts with references to additional readings that discuss the topics in further
depth. Standing alone, however, the Handbook does provide sufficient detail to
enable tribal water managers, as well as decision-makers, to understand the technical,
legal and institutional framework for developing and implementing an effective water
policy. Because the Handbook contains chapters representing varying disciplines,
the reader will find that some chapters (Chapters 6, 7 and 9) employ technical-style
references while others use superscript foomotes. Overall. the Handbook is separated
into the following four parts.

PART I: THE DYNAMICS OF LAW AND POLICY

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Part I introduces the current setting under which Winters rights are established
and utilized. First, the general role of water in tribal decision-making is discussed.
This discussion includes putting current Indian policy into an historical context and
assessing how water management can promote the goal of tribal self-detennination.
Chapter 2 provides a summary of current conflicts and trends involving western
water resources that tribal water managers should take into account in planning for
the future. In Chapter 3 the legal framework under which water resources are
allocated to competing users under the prior appropriation doctrine is explained,
including consideration of the doctrine's limitations and inefficiencies.

The source and scope of Indian water rights is then woven into this complex
picture of western water resources. The Winters doctrine is presented in Chapter 4,
as well as modem legal developments affecting the extent of tribal rights. Part I then
concludes with a discussion of recent judicial decisions involving Indian water rights.

PART II: SCIENCE OF THE LIVING WATERSHED

Effective water management is dependent upon an understanding of hydrology
and other technical aspects of water resources. Legal battles over water rights and
water development planning are ineffective without a sound technicallrnowledge of