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INDIAN WATER RIGHTS NEGOTIATIONS

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What is the Tribe's vision. The State. What is the State's position on water rights ... the tribe's claims. Local parties needs and expectations ... – PowerPoint PPT presentation

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Title: INDIAN WATER RIGHTS NEGOTIATIONS


1
INDIAN WATER RIGHTS NEGOTIATIONS
  • Chris Kenney
  • Symposium on the
  • Settlement of Indian Water Rights Claims
  • Moscow, Idaho
  • September 14, 2005

2
The Tribe
  • Tribes interests
  • What does the treaty say
  • What does the Tribal membership say
  • What does the future say
  • What is the Tribes vision

3
The State
  • What is the States position on water rights
  • What is the States position on Federally reserved
    rights
  • What is the non-tribal water use now
  • What is the desire for future non-tribal water use

4
The Feds
  • Is there a Federal water project
  • Has BIA assisted in water use
  • Has DOJ initiated litigation

5
? Do We Negotiate ?
  • What do we want to know?
  • Legal analysis - What does the law say
  • Technical analysis Where will the water come
    from
  • Economic Analysis Who contributes
  • Why?
  • When do we want to know it?
  • What will it take to settle the claim?
  • What can be done to construct a mutually
    beneficial solution?
  • What does the Tribe want
  • What do the State parties want

6
Legal Analysis
  • Treaty
  • Court precedence
  • Potential outcomes of legal claims action

7
Technical Analysis
  • Needs of the Reservation
  • Irrigation, MI, Environmental
  • Homeland
  • Needs of the local neighbors
  • Historic water users and uses
  • Hydrology
  • Available supply
  • Potential supply
  • Ultimate consumption and use

8
Technical Analysis (cont.)
  • Engineering
  • Storage
  • Delivery
  • Measurement

9
Economics
  • Who is implicated/impacted by settlement
  • What will be the cost of settlement
  • Who will bear the cost of settlement

10
WHY?
  • It is the future and continuing working
    relationships among equal local parties which is
    the ultimate goal of Indian water rights
    negotiations

11
When?
  • An understanding of
  • the tribes claims
  • Local parties needs and expectations
  • The Federal Govts interest in resolution
  • should be established before irretrievable
    commitments are made.

12
BIA Policy and Roles
  • BIA is the Trustee
  • Funds litigation
  • Funds technical work to support litigation
  • Is the conscience of the United States in
    protecting trust assets
  • Over the last 20 years, funding has reduced by
    50 to support the litigation/negotiation effort

13
BIA Policy and Roles (cont.)
  • Bears the majority of the cost of settlement

14
Reclamations Role
15
Reclamations Role
  • Reclamation projects
  • Provide storage
  • Provide water delivery
  • Opportunities for water conservation and water
    supply enhancement

16
Reclamations Role
  • Reclamation Water Users
  • The Secretary has contractual obligations to
    water users on projects
  • Project water uses may be impacted by potential
    settlement

17
Reclamations Role
  • Reclamations interest in resolving water claims
  • Continuity of Operations
  • Federal investment in projects
  • Stability of local economies

18
Reclamations Role
  • Technical Analysis
  • Modeling a basin
  • Engineering solutions
  • Economics
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