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Overview: Federal Indian Water Rights in California

Overview: Federal Indian Water Rights in California. Presented to California Indian Law Conference. Key Cases. Winters v. United States Colorado River Water District v. United States Nevada v. United States Arizona v. California. Legislation and Treaties. McCarran Amendment, 43 U.S.C. 666

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Overview: Federal Indian Water Rights in California

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  1. Overview: Federal Indian Water Rights in California Presented to California Indian Law Conference

  2. Key Cases • Winters v. United States • Colorado River Water District v. United States • Nevada v. United States • Arizona v. California

  3. Legislation and Treaties • McCarran Amendment, 43 U.S.C. 666 • Treaty of Guadalupe Hidalgo 1848 • No ratified treaties with Indian nations of California

  4. Water Settlements • Settlements quantify water rights • Reduce risks in litigation • Reduce costs

  5. California Indian Water Settlements • 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

  6. California Water Rights • Appropriations System • Riparian System • And then, there’s California’s system

  7. Water • 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

  8. Indian Water Rights in California History • Three sovereigns: Spain, Mexico, US • Pueblo water rights were recognized under both Spanish and Mexican law • Aboriginal water rights

  9. Challenges • Challenges for irrigable acreage in some parts of California • Indians received individual Indian allotments from public domain

  10. California System • Regulates surface water and groundwater separately • Does not regulate surface water not in a stream • Drought increases reliance on groundwater

  11. Water Sources in California • Snowpack • Groundwater • Surface water

  12. Contact • April Day • Kilpatrick Townsend & Stockton LLP • 607 14th Street, NW, Washington, DC 20005 • 202-508-5838 • aday@kilpatricktownsend.com

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