overview: federal indian water rights in california
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Overview: Federal Indian Water Rights in California. Presented to California Indian Law Conference. Key Cases. Winters v. United States Colorado River Water District v. United States Nevada v. United States Arizona v. California. Legislation and Treaties. McCarran Amendment, 43 U.S.C. 666 - PowerPoint PPT PresentationTRANSCRIPT
© 2014 Kilpatrick Townsend
Overview: Federal Indian Water Rights in CaliforniaPresented to California Indian Law Conference
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• Winters v. United States• Colorado River Water District v. United States• Nevada v. United States• Arizona v. California
Key Cases
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• McCarran Amendment, 43 U.S.C. 666• Treaty of Guadalupe Hidalgo 1848• No ratified treaties with Indian nations of California
Legislation and Treaties
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• Settlements quantify water rights• Reduce risks in litigation• Reduce costs
Water Settlements
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• San Luis Rey Indian Water Rights Settlement Act• Soboba Band of Luiseno Indians Settlement Act• Other bills introduced in recent years to settle water
rights
California Indian Water Settlements
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• Appropriations System• Riparian System• And then, there’s California’s system
California Water Rights
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• Water says this, “Wherever you put me I’ll be in my home. I am awfully smart. Lead me out of my rivers, but I came from the ocean and I shall go back into the ocean. You can dig a ditch and put me in it, but I go only so far and I am out of sight. I am awfully smart. When I am out of sight I am on my way home.”
• Wintu women, quoted in Heizer and Elsasser, The Natural World of the California Indians
Water
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• Three sovereigns: Spain, Mexico, US• Pueblo water rights were recognized under both
Spanish and Mexican law • Aboriginal water rights
Indian Water Rights in California History
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• Challenges for irrigable acreage in some parts of California
• Indians received individual Indian allotments from public domain
Challenges
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• Regulates surface water and groundwater separately• Does not regulate surface water not in a stream• Drought increases reliance on groundwater
California System
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• Snowpack• Groundwater• Surface water
Water Sources in California
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• April Day• Kilpatrick Townsend & Stockton LLP• 607 14th Street, NW, Washington, DC 20005• 202-508-5838• [email protected]
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