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Federal government’s commitment to Indian water rights settlements questioned

Posted by: Aqua Blog Maven on April 27, 2008 at 7:59 am

The next big thing to affect Colorado River usage. In 1908, a Supreme Court decision guaranteed adequate water to tribal lands; however, when the Colorado River Compact was drawn up in 1922, Native Americans were simply left out of the deal. At a recent Western Governor’s Association meeting, Indian water rights were listed as a major concern.

This morning, a story from the Gallup (New Mexico) Independent, questioning the feds commitment to settling Indian water rights:

Last year, U.S. Sen. Jeff Bingaman introduced H.R. 1970 — the Northwestern New Mexico Rural Water Projects Act — which is currently pending in Congress and would authorize the settlement and the Navajo-Gallup Water Supply Project to provide safe drinking water to the Navajo Nation and Gallup. The Department of the Interior has testified against the bill, and the Office of Management and Budget has opposed funding despite the critical lack of drinking water infrastructure on the Navajo Nation. Gallup may run out of water in less than 10 years.

The federal government is expected to be an aggressive trustee of Indian water rights, according to Navajo Nation President Joe Shirley Jr., however, Navajo is concerned that the feds’ current application of Criteria and Procedures in settlement negotiations creates incentives for the United States to oppose the interests of Indian tribes.

The Navajo Nation has considerable experience with water rights settlements. “We are currently involved in finalizing a settlement with the state of New Mexico, and we are in discussions with the states of Arizona and Utah to quantify our water rights through negotiated settlements, rather than through the litigation process,” Shirley said. The president explained how the United States has neglected the Navajo Nation’s water rights claims to the Colorado River, and has instead pursued a wide variety of activities concerning the management and allocation of the river without consideration of the needs of Navajo.

John Echohawk, executive director of the Native American Rights Fund of Boulder, Colo., has worked on Indian water issues for more than 38 years. In the last three decades, he said NARF has encountered one consistent challenge: the federal government’s inability to commit adequate financial and human resources to resolving tribal water rights claims.

“For centuries, the federal government has promoted and subsidized non-Indian water rights to the detriment of vested tribal water rights,” he said. “The lack of federal commitment to developing tribal water rights is especially troubling considering the conditions we see across Indian Country. It is not uncommon for tribal members to drive over 50 miles to haul water for their homes, many which still have no access to electricity. It is as if Native Americans fell through the web of the federal system that is charged with ensuring our well-being under the trust responsibility.”

The federal commitment to Indian water rights settlements remains inconsistent, and the lack of federal funding plagues the settlement process, Echohawk said.

Read the rest of this story from the Independent by clicking here. For more on Indian water rights, check out the Indian water rights category.

April 27, 2008 · Filed Under Indian Water Rights

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