American Indian Water Rights: Law and Research

摘要

American Indian tribes own substantial quantities of water, but often encounter obstacles to winning legal and public recognition of their water rights. Antiquated nineteenth century water regimes completely cut reservations out of water allocations throughout the arid western states, leaving many Indian lands unproductive, even as public funds built massive federal irrigation projects to provide low-cost water for other farmers. Since the 1960s, protracted and acrimonious litigation has forced some changes in the status quo. Today, weary participants in the water wars are increasingly accepting the reality of tribal water rights and negotiating settlements of water claims. This paper presents case studies illustrating tribal efforts to secure water rights. It briefly explains United States water law and identifies the legal basis of the Indian reserved water right. The paper concludes with research guidance and an annotated bibliography of selected printed and electronic sources.