American Indian Report - August 2008 - (Page 14)

N AT U R A L R E S O U R CE S Water Rights By Michelle Tirado A Long, Hard Battle Well Worth Fighting It was a decades-long, uphill battle, but the Soboba Band of Luiseño Indians in California finally has what many tribes consider worth fighting for — water rights. In late July, after being approved by unanimous consent in the U.S. Senate, the Soboba Band of Luiseño Indians Settlement Act was sent to the White House for the president’s signature. It provides to the tribe 9,000 acre feet of water per year and, $18 million from local water districts for economic development, $11 million from the federal government for water development and a 138-acre parcel of land for commercial development. The litigation that led to the settlement began more than 50 years ago, but the Soboba’s struggle for water goes back to the 19th century, when European settlers arrived. They diverted water from the San Jacinto River by building dams in upstream tributaries, diminishing the tribe’s water Soboba reservation. Photo courtesy of Charlene Ryan 1908 1952 The McCarran Amendment Congress waives the federal government’s sovereign immunity and allows joinder in suits related to the adjudication of water use rights. Because the amendment allowed state courts to adjudicate Indian water rights — and these courts were known to be unfriendly to tribes — tribes start looking more toward negotiated settlements. Significant Laws, Cases and Settlements: An Indian Water Rights Timeline 1 Winters v. United States U.S. Supreme Court affirms the water rights of the Fort Belknap Indian Reservation in Montana. Though these rights were not explicitly provided in the Fort Laramie Treaty of 1851 and subsequent agreements with the U.S. government, the court ruled that they were implied. The decision created a “reserved water right” for tribes, with the amount having to meet a tribe’s current and future needs. However, the Winters Doctrine, what it later became known as, had a few holes and, thus, was modified over time. August 2008 American Indian Report http://www.soboba-nsn.gov/ http://www.govtrack.us/congress/bill.xpd?bill=h110-4841 http://www.govtrack.us/congress/bill.xpd?bill=h110-4841

Table of Contents Feed for the Digital Edition of American Indian Report - August 2008

American Indian Report - August 2008 Contents Notes from Indian Country Congress: Activity from the Hill Navajo Elder Recognized for Fighting for Voting Rights Water Rights — A Long, Hard Battle Well Worth Fighting Native Youth Share Creator’s Game with International Community Rancheria Restores Traditional Ecosystem on Purchased Land Grants: EDA — Investing in Tribal Economic Development Native Eyes Film Showcase Entices Youth into Media BlogRoll

American Indian Report - August 2008

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