INDIAN WATER RIGHTS NEGOTIATIONS

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INDIAN WATER RIGHTS NEGOTIATIONS

• Chris Kenney
• Symposium on the
• Settlement of Indian Water Rights Claims
• Moscow, Idaho
• September 14, 2005

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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

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? 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

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Legal Analysis

• Treaty
• Court precedence
• Potential outcomes of legal claims action

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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

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Technical Analysis (cont.)

• Engineering
• Storage
• Delivery
• Measurement

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Economics

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

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WHY?

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

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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.

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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

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BIA Policy and Roles (cont.)

• Bears the majority of the cost of settlement

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Reclamations Role
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Reclamations Role

• Reclamation projects
• Provide storage
• Provide water delivery
• Opportunities for water conservation and water
  supply enhancement

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Reclamations Role

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

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Reclamations Role

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

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Reclamations Role

• Technical Analysis
• Modeling a basin
• Engineering solutions
• Economics