overview: federal indian water rights in california

© 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• aday@kilpatricktownsend.com

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