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<br />U.S.C. Section 1362, granting tribes the right to sue the
<br />state in federal court. The court cited B/atchford v.
<br />Native Village of Noatllk,~ 5q1 U.S. 775 (1 991) for the
<br />proposition that Section ..13:62 does not constitute a
<br />delegation to the tribes of !the federal government's
<br />exemption from state sovereign immunity.
<br />
<br />Similarly, the court found that the tribe's claims
<br />against state officials were barred, except to the extent
<br />they sought injunctive or declaratory relief against future
<br />violations of federal law. The court reversed the
<br />dismissal of the tribe's claims for injunctive and
<br />declaratory relief, remanding to the lower court. The
<br />court acknowledged that, if the district court finds the
<br />contested property beiongs to the tribe under federal law
<br />and decrees the tribe its owner against all claimants
<br />except the state and its agencies, then neither the tribe
<br />nor the state would hold unclouded titie to the property.
<br />The court also rejected the state's arguments that the
<br />1873 executive order issued establishing the reservation
<br />couid not have transferred the submerged lands to the
<br />tribes without express congressional authorization.
<br />
<br />WATER RESOURCES
<br />
<br />Water Conservation/Bureau of Reclamation
<br />
<br />On January 30-31, the American Water Works
<br />Association (AWNA) sponsored a workshop with the
<br />U.S. Bureau of Reclamation on water conservation.
<br />About 240 federal, state and local officials attended.
<br />Commissioner Dan Beard was the keynote speaker. He
<br />said, "Suddenly it seems as if everyone is scrambling for
<br />what appears to be the last drops of our most precious
<br />natural resource. With an increasing population and a
<br />growing economy, many people fear that there will not
<br />be enough water to go around, and that is not true.
<br />There Is enough water for everyone. There is just no
<br />more room left for the waste and inefficiency that has
<br />been overlooked for years.... The goal of Reclamation's
<br />water conservation program is to foster further
<br />improvement in the efficiency of use and management
<br />of water supplies. Conservation measures can improve
<br />reliability and reduce costs for water users and may,
<br />under some circumstances, yield water for additional
<br />agricultural, urban, or environmental needs. Water
<br />conservation is not only a crucial policy issue for the
<br />changing Bureau. it is a critical element in our approach
<br />to water management. The way we see it, conservation
<br />is not the complete answer anywhere, but it is at least
<br />part of the answer almost everywhere."
<br />
<br />The Commissioner added, "The states can playa large
<br />role in evaluating the implementation of our water
<br />conservation guidelines, and We will support any state
<br />that chooses to participate (W,SW #1079). We're
<br />currently developing model . draft cooperative
<br />agreements between Reclamation and individual states
<br />that will cover the relationship between state
<br />conservation requirements and Reclamation's
<br />conservation guidelines. By the time we publish the final
<br />water conservation guidelines later this spring, we hope
<br />to be ready to sign cooperative agreements with
<br />individual states." He specifically noted that
<br />Reclamation and the Western States Water Council are
<br />collaborating on development of such cooperative
<br />agreements, and will cosponsor a conference this
<br />summer on the states' role in water conservation.
<br />
<br />.
<br />
<br />PEOPLE
<br />
<br />Larry Unser, Deputy Director of the Office of
<br />Planning and Adjudications for the Arizona Department
<br />of Water Resources, has resigned his position to accept
<br />an offer to work for the consulting firm of Bookman
<br />Edmonston Engineering. The move will be effective as
<br />of late February or early March. Larry is serving as
<br />Vice-Chair for the WSWC Water Resources Committee.
<br />He has served the state of Arizona for 22 years.
<br />
<br />.
<br />
<br />MEETINGS
<br />
<br />The American Bar Association's (ABA) Section of
<br />Natural Resources, Energy and Environmental Law, in
<br />conjunction with the Western States Water. Council and
<br />the Conference of Western Attorneys General,
<br />sponsored the 13th Annual Water Law Conference on
<br />February 2-3 at San Diego. About 150 people attended.
<br />The seminar addressed important developments
<br />affecting many aspects of water law. Considerable
<br />discussion was offered regarding developments with the
<br />Bureau of Reclamation (BOR), Including water
<br />spreading, contract renewals, and Reclamation Reform
<br />Act regulations. Draft BOR regulations establishing a
<br />presumption about which wells in the Colorado River
<br />floodplain will be deemed to pump Colorado River water
<br />were also discussed. Other topics included the
<br />Endangered Species Act, expert testimony in water
<br />rights litigation, groundwater hydrology, and
<br />developments involving California's Mono Lake and the
<br />Columbia and Snake Rivers. A published volume of
<br />speakers' contributions to the seminar is available for
<br />$55. Call (312) 988-5724.
<br />
<br />.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors
<br />of member states - Arizona, California, Colorado, Hawaii, Idaho, Nevada, New Mexico, North Dakota, Oregon,
<br />South Dakota, Texas, Utah, and Wyoming - and associate member states Alaska, Montana and Washington.
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