Laserfiche WebLink
<br />000710 <br /> <br />. <br /> <br />.- <br /> <br />WHEREAS, it is inequitable to place the entire cost of providing <br />water to satisfy reserved water rights created by the federal <br />government on the states; and <br /> <br />WHEREAS, the role and the power of the Secretary of the Interior <br />to act on behalf of the various Indian Tribes in negotiations <br />needs to be clarified, especially with respect to the Department <br />of Justice and to the Office of Management and Budget; and <br /> <br />WHEREAS, the negotiation of reserved water rights settlement <br />agreements provides interested agencies and persons an <br />opportunity to find innovative solutions to difficult water <br />allocation issues and to avoid the enormous expense of <br />li tigation; and <br /> <br />WHEREAS, the United States could substantially facilitate <br />negotiation of reserved water right claims by providing affected <br />states, Indian Tribes, and interested private parties with <br />streamlined procedures concerning allocation of responsibility <br />and authority for negotiation of reserved water rights; and <br /> <br />WHEREAS. Congress could alleviate the existing conflict over <br />reserved water rights by providing the fOllowing: funding for <br />hydrologic and quantification studies for use of all parties; <br />funding for resolving settlement of reserved water conflicts; <br />specifying a framework for resolution of reserved water rights <br />conflicts; and specifying that, in the future, reserved water <br />rights may only be created by statute; and <br /> <br />WHEREAS, President Carter and President Reagan each issued a <br />proclamation that endorsed negotiated settlements rather than <br />litigation of reserved water rights; <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CONFERENCE OF WESTERN <br />ATTORNEYS GENERAL THAT: <br /> <br />1. Congress be requested to enact general legislation that <br />does all of the following: <br /> <br />a. Provides funding for hydrologic and quantification <br />studies that may be used by all parties for <br />negotiating a settlement of reserved water right <br />claims, <br /> <br />b. Provides a revolving fund for construction of <br />projects to settle reserved water right claims and <br />for compensating private water users injured by <br />the diversion and use of the Indian or other <br />federal reserved water right, and <br /> <br />c. Specifies Congress' intent with respect to <br />reservation of water for new federal reservations; <br /> <br />llJ <br />