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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2239
INTRODUCTORYOVERWEW

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Part III concludes with an assessment of the regulatory implications of the
various water use options. For instance, the option of building storage reservoirs on
Indian reservations can trigger many federal requirements for licensing,
environmental assessment and safety. Likewise, states may attempt to assert
regulatory authority over tribal projects that have significant off-reservation impacts.
The potential for regulatory intrusion may prove to be an important consideration in
selecting a tribal water policy.

PART IV: IMPLEMENTING AND ENFORCING TRIBAL WATER
POLICIES AND PROGRAMS

Once a tribe has completed the planning process and fonnulated a water policy,
steps need to be taken in order to implement the decisions. Tribal water resources
must be managed in confonnance with established tribal policy and this water use
and management must be financed

Part IV opens with a discussion in Chapter 12 of five potential means for
financing tribal water management and use, including obtaining loans from financial
institutions. attracting invesUTIent partners, issuing bonds, generating on-reservation
funds, and securing federal grants. Chapter 13 then turns to consideration of an
effective method for managing water resources in accordance with tribal policy-the
drafting and implementation of a tribal water code. Providing a summary of the
elements that typically comprise a comprehensive tribal water code, Chapter 13
considers the promise for gaining control over waters within reservations that such
codes hold, even in light of the federal moratorium on code approval.

CONCLUSION

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This Tribal Water Management Handbook was developed with the awareness
that new developments continually arise in both the scientific and legal arenas that
influence Indian water rights. Some of these changes will occur in the courtroom,
such as when judges further refme the concept of "practicably irrigable acreage."
Likewise, technical improvements in watershed management and the science of
ground water hydrology can be expected in the near future.

Tribal water managers will indeed have their hands full in keeping up with the
many factors that go into effectively doing their job. This Handbook will provide
tribal managers and decision-makers with an invaluable source book to aid in their
quest for effective water control and use.