American Indian Report - August 2008 - (Page 17)

What to Expect When Pursuing Your Rights With more than 60 water rights cases under its belt, the Native American Rights Fund is the one to answer the big questions tribes have while considering pursuing their rights. Amy Bowers, a NARF attorney specializing in water rights, addressed a few for AIR. sovereign immunity. The problem with the state court, through history, is [it is] sometimes hostile to Indian water rights. … A lot of times, tribes will have senior water rights to the same water state citizens are claiming. So, it creates this huge, nasty, ugly battle. Air: A lot of tribes have not pursued their water Air: What hurdles do they face when pursuing their rights yet. Why not? rights through settlements? Bowers: There are a lot of issues. Largely, I think it Bowers: one of the biggest hurdles is when you go is related to two things. one is finances. The second to Congress and say, “I need ‘x’ amount of millions is making water rights a priority. of dollars to develop this water infrastructure in Air: Can you give me an idea of what something order to deliver wet water to my community.” The feds will say, “We don’t have that money.” You are like this cost? out of luck. Bowers: oh, man, that is the big question, right? … In most [court] cases, the tribes have gone through Air: What is your best advice to tribes that are ready what they call “state general stream adjudication.” to pursue their rights? They take like 30 years and can cost up to $50 million. Bowers: Do your homework. Sit down with your If you go through [a] settlement, you are looking at community. … You need to do your scientific studmillions of dollars, but it will depend on the process ies. You also need to do a legal history of your tribe and how long it takes and the politics of the settle- to figure out what claims you have against the U.S. government. You really need to look into the historiment negotiations. Air: If tribes go through the courts, what challenges cal uses of water. And you need to compile a really good, dedicated water rights team. … will they face besides the financial aspect? Bowers: With the McCarran Amendment, what that did was subject the tribes to state court jurisdiction for the general stream adjudication. The McCarran Amendment was held to be a waiver of Air: Can we add to that “Don’t wait?” Bowers: The longer you wait, the scarcer these resources will be. You need to get on the ball and assert them now so that it is not a bigger battle. n 2004 aw by President Bush on Dec. 8, 2004, the rovides to the Nez Perce tribe: 50,000 acre for on-reservation use; instream flows lmost 200 tribal priority streams to be tate of Idaho; 600 springs claims decreed illion acres of federal land in the tribe’s rea; over 11,000 acres of on-reservation the tribe in trust; $96 million, in three er projects, water development projects tat improvement projects. The litigation 2007 Arizona Water Rights Settlements Act Congress and President Bush approve the largest Indian water rights settlement in U.S. history. It provides the Gila River Indian Community with 653,500 acre feet of water annually, federal funding for water development projects, assures rights to use existing water delivery systems and adds protections for its groundwater supplies. The settlement also resolved water rights claims of the Tohono O’odham Nation. Northwestern New Mexico Rural Water Projects Act This legislation was introduced to ratify a 2005 agreement between the Navajo Nation and the state of New Mexico, reserving 600,000 acre feet of water per year from the San Juan River for the tribe. It also authorizes the New Mexico Rural Water Supply Project and the delivery of water to the Jicarilla Apache. In late June, the bill was placed on the Senate Legislative Calendar. American Indian Report August 2008 1 http://www.narf.org

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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