2001 WGA resolution - Negotiated Indian Water Rights Settlements April 24, 2001 briefing agenda Summary of April 24th Congressional Briefing on Indian Water Right Settlements Mike Jackson's remarks on on 6/23/01 Mike Connor's remarks on 4/24/01 April 24th briefing attendees list Ad Hoc Group letter to Interior (1/2001) National Congress of American Indians resolution |
Ad Hoc Group on ARCHIVE -- This page no longer being updated. (1/1/04) The Ad Hoc Group on Indian Water Rights is an organization comprised of the Western Regional Council, the Western Governors’ Association, the Native American Rights Fund and the Western States Water Council. New York Governor George Pataki's Federal Affairs Office has also become a member in the last couple of years due to the interest in settling land claims in New York. For several years now, the Ad Hoc Group has endeavored to encourage support for Indian land and water rights in the hopes of avoiding prolonged and expensive litigation. Past settlements have proven they can satisfy the interests of affected Indians and non-Indians. Importantly, they can also meet the trust responsibilities of the United States relative to the Tribes, if they do not deprive Tribes of funding for other vital programs. Indian Land Claims – Prior to the American Revolution and the formation of the United States, various Indian tribes existed with sovereign governments and land boundaries which reached from Southern Canada to the Carolinas and from Maine to the West. In the years that followed, it is estimated that approximately ninety percent of our forty-eight contiguous states was purchased from the Indians by means of treaties or other agreements. The Non-Intercourse Act of 1790 provided that no Indian land transfer could be made without the supervision of the Federal Government and the ratification of Congress. Violations of the Non-Intercourse Act have been the legal basis of many land claim lawsuits. Key land settlements are currently being negotiated in New York, Texas, Louisiana, and Illinois. Indian Water Rights – The concept of reserved water rights originated from the landmark case Winters v. United States, 207 U.S. 564 (1908). The Winters doctrine simply states that when the federal government established a reservation, the government implicitly reserved a quantity of water necessary to fulfill the purposes of the reservation. Historically, costly and protracted litigation was the general method used to quantify Winters rights, and often it resulted in "paper" water only. Beginning in the 1980's, there was an effort made toward encouraging negotiated Indian water rights settlements. These negotiated settlements proved to be a much more effective means of quantifying Winters rights, and they resulted in "wet" water to the tribes. In light of settlements recently approved by the last Congress and settlements that are anticipated during the 107th Congress, the Ad Hoc Group on Indian Water Rights sponsored a Congressional briefing on April 24, 2001. The purpose of the briefing was to discuss and share perspectives on important issues associated with Indian land and water settlements, particularly with regard to alternative mechanisms for funding of the settlements. The following are links to the information that was distributed for the April 24 briefing.
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