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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />21")4' <br />.;. 1 <br /> <br />CHAPTER 1 <br /> <br />Indian Water in Modern <br />Tribal Policymaking <br /> <br />1-1. INTRODUCTION <br /> <br />Since the late 19S0s Indian law and policy has centered upon tribal assettions of <br />self-government and ownership of natural resources. This hypercharged quatter of a <br />century has been marked by numerous major pieces of federal legislation and, <br />perhaps even more distinctively, by more than seventy-five Indian law cases in the <br />United Slates Supreme Coutt and by thousands of lawsuits in the lower federal and <br />state coutts. In the main, the tribes have prevailed. By any reasonable measure, the <br />quantum of established legal rights currently possessed by Indian tribes is much <br />greater than it was when this modem era began. It has been a time of intensive-and <br />oftentimes successful-litigative and legislative activity to enforce tribal claims to <br />governmental authority, natural resources and trust obligations. <br /> <br />The litigative and legislative activity in the upcoming decades is likely to take <br />on an additional quality. To be sure, impottant legal questions of tribal sovereignty <br />and resource entitlement remain unresolved. Realistically, many of them must be <br />decided by combat in the coutts; but since the legal framework is established <br />reasonably well, much resolution of conflict is likely to take place outside of the <br />courthouses as well. Tribes may fmd it expedient to negotiate with the states over the <br />details of concurrent jurisdiction, or with private business entities who wish to <br />develop projects within Indian Country. Ultimately, the future will be a time of <br />shoring up, refining and building the infrastructure of tribal sovereignty so that Indian <br />tribes will possess a full range of quality schools, hospitals, judicial systems, water <br />projects, fanns, wildlife programs mining operations and other beneficial programs. <br />Through self-initiated efforts Indian tribes can achieve the ultimate promise of the <br />nineteenth century treaties: that Indian reservations truly be homelands. <br /> <br />Such an effott will, of course, tome gradually and it will not come easily. <br />Capital, planning expertise, and technical support are required in amounts not now <br />available. Further, since this new stage of tribal progress will focus on <br />fundamentally different policy issues. tribal councils need consciously to shift gears <br />in their decision-making processes. During the last twenty-five years, lawyers <br />generally have dominated the fonnulation of tribal policy. From now on, however, it <br />is likely that equal time will be given to water managers, land use planners, foresters, <br />mining engineers, investment counsellors and other resource development specialists. <br />