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Above all: San Diego’s Kumeyaay water rights threatened

Posted by: Maven on August 29, 2008 at 6:37 am

From Indian Country Today, an article written by Steven Newcomb of the Indigenous Law Institute, which discusses the history of the Kumeyaay Nation:

Recently, the San Diego Union Tribune published a story about water and the Sycuan Band of the Kumeyaay Nation. (”Seeking stable source of water, Sycuan looks to Otay District” [July 3, 2008]) The article explained that Sycuan may decide to ”annex its reservation to the nearby Otay Water District” in order to provide the Sycuan Band with enough water for its future business and community needs. But the story failed to mention the many thousands of years that the Kumeyaay utilized the waters in their homeland for their villages and traditional way of life.

The news story also did not address how difficult it is to get non-Native people to learn about and recognize the full scope of Kumeyaay water rights. This is the result of an assumption that the non-Native society is more entitled than the Kumeyaay to the water within the Kumeyaay territory.

In the book ”Hispanic Law,” (1968) author E. N. Kleffens explains that because of the history of Spanish colonization, Castilian crown law is, in ”varying degrees,” ”still effective with respect to … the law of land and water …” in states such as California (and other places such as New Mexico, Arizona, Nevada and Utah).

When the U.S. assumed possession of that portion of Mexico described in the 1848 Treaty of Guadalupe Hidalgo, the laws of the Spanish crown and of the Mexican Republic that were in effect remained in force. A specific legal provision had to be subsequently revised within and by the U.S. system of government.

Steven Newcomb notes that when the U.S. signed the 1848 Treaty of Guadalupe Hidalgo, the laws of the Spanish crown & Mexican Republic were to remain in force, (and Aquafornia notes that in fact, Los Angeles successfully made claims to water rights in the area under the ‘pueblo water rights’), and writes:

… this aspect of Castilian crown law has obviously not been upheld by the United States, by the state of California, or by the City and County of San Diego. Nonetheless, given a Kumeyaay existence that predates the European invasion of Kumeyaay lands by thousands of years, and given that Section 49 of the Laws of the Indies has not been superseded by Congress, the people of California and the City and County of San Diego have a moral obligation and legal responsibility to respect the water rights of the Kumeyaay Nation and of all the indigenous nations of the geographical area known as California (as well as Arizona, New Mexico, Nevada and Utah).

Read more from Indian Country Today by clicking here.

August 29, 2008 · Filed Under Indian Water Rights

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