Indian Water Rights Law & Management-Surface and Ground Water
"Water is the life blood of many tribes, and how they choose to utilize this resoure in the futrure will dramatically effect the general welfare of their members . . ."
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COURSE DESCRIPTION
"*** Every Indian Tribe & Native Group needs to understand the importance of thier own individual water resources and how to utilize ""best efforts"" in the efficient and effective management of that resource. Water to many tribes is their ""lifeblood"" and consequently, effective management of that resource requires a thorough understanding of legal framework behind tribal regulatory authority over that resource.
*** Sovereignty and its continued existence for any tribe depends on the ability of the tribe to regulate and control its resources. Tribal codes relating to vital resources such as water require that tribal leaders and resource department personnal be educated in the hows and whys of the management of said resources. Presently, many state governments are taking advantage of the inability of many tribes to regulate and enforce thier individual codes relating to water. Thus, state governments are building water projects and diverting water flows, as well as, ground water resources for state uses when tribes have failed to divert and put to beneficial use those same water resources.
*** In this course participants will learn the dynamics behind Indian water Law and the importance of effective management of this most vital resource.
***This course will concentrate primarily on the Lower Colorado River Basin and management of water resources by tribes within said basin.
***Special presentations by tribal attorneys, leaders and a round table discussion on water issues now effecting Southern California Tribes."
COURSE CONTENT
| I. | WATER - LIFEBLOOD OF TRIBES |
| A. | Power & Winters Doctrine; |
| C. | Riparian & Prior Apporopiation; |
| D. | Irwin V. Phillips, Left Hand Ditch Co. (1800’s); |
| E. | United States V. Winans; |
| F. | Winters Doctrine - Winters V. United States (1908); |
| A. | Conrad Inv. Co. V. United States (1908); |
| B. | Arizona V. California I (1963); |
| C. | Arizona V. California II (1964); |
| III. | MEANING OF RESERVED WATER RIGHTS |
| A. | Treaty Making Distinction; |
| B. | Scope of Indian Water Rights; |
| C. | State Created Water Rights; |
| E. | Federal Reserved Right; |
| IV. | QUANTIFICATION FORMULAE |
| A. | Debate Over Formulae-Arizona V. California I; |
| B. | United States V. Ahtanum Irrig. Dist. (1965); |
| C. | Arizona V. California III (1979); |
| D. | Ground Water Included - Cappaert V. United States; |
| E. | In Re General Adjudication Of All Rights To Use Big Horn River Sys. (1988); |
| F. | Indian Prior and Paramount Rights To Use Water (1971); |
| G. | Implied-Reservation-Of-Water-Doctrine; |
| H. | Court Jurisdiction & McCarran Doctrine; |
| I. | Quantification od Reserved Rights. |
| V. | MINIMUM STREAM FLOWS AND LAKE LEV. |
| A. | Pyramid Lake Paiute V. Morton; |
| B. | Other Case Law Applied; |
| C. | Colorado River Water Conser. Case; |
| D. | United States V. Adair (1983); |
| E. | In Re Adjudication of All Rts-Big Horn; |
| F. | Reserved Rights and Other Uses; |
| G. | Filling Procedures/Conditional Rights; |
| A. | Tribal Water Resource Management; |
| B. | Changing Context of Water Management; |
| C. | Hydrology & Watershed Management; |
| D. | Water Resources-The Point Source; |
| E. | Surface Water Distribution; |
| F. | Reservoirs/Ground Water Supplies & Uses; |
| G. | Hydrologic Cycle/Water Balance; |
| VII. | WATER QUALITY & WATERSHED MANAGEMENT |
| A. | Water & It;s Characteristics; |
| B. | Water Componets & Characteristics; |
| C. | Water Contamination In The Water Systems; |
| D. | Managing Water Quality Is A Must. |
| VIII. | TRIBAL WATER MANAGEMENT PLANNING |
| A. | Tribal Goals and Objectives; |
| B. | Inventory Of Existing Tribal Sources; |
| C. | Water Use Activities and Uses; |
| D. | Regulating The Impact Of Water Uses. |
| IX. | WATER MANAGEMENT & OTHER ISSUES |
| A. | Evaluation of Water Uses; |
| B. | Identifying Practicable Irrigable Acreage (PIA); |
| C. | Regulatory Implications Of Water Uses; |
| D. | Developing A Water Code; |
| X. | Round table discussion by various tribal leaders and attorneys. |
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