Tribal Water Management Handbook

The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution.

This book reviews and analyzes emerging challenges in water policy, governance and institutions in India. Recent times have seen the contours of water policy shaped by new discourses and narratives; there has been a pluralization of the state and a changing balance of power among the actors who influence the formulation of water policy. Discourses on gender mainstreaming and Integrated Water Resource Management (IWRM) are influential, though they have often remained rhetorical and difficult to put into practice. Debate over property rights reform and inter-linking of rivers has been polarized. At the same time, there has been a rising disenchantment with policy initiatives in participatory irrigation management, cleaning up of water bodies and pollution control. Fast depletion of groundwater resources and the importance of adopting new irrigation methods are getting increased focus in the recent policy dialogue. The contributors review current debate on these and other subjects shaping the governance of water resources, and take stock of new policy developments. The book examines the experience of policy implementation, and shows where important weaknesses still lie. The authors present a roadmap for the future, and discuss the potential of alternative approaches for tackling emerging challenges. A case is made for greater emphasis on a discursive analysis of water policy, to examine underlying policy processes. The contributors observe that the ongoing democratization of water governance, coupled with the multiplication of stresses on water, will create a more visible demand for platforms for negotiation, conflict resolution and dialogue across different categories of users and uses. Finally, the authors propose that future research should challenge implicit biases in water resources planning and address imbalances in the allocation of water from the perspectives of both equity and sustainability.

Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.