A167 Water Rights for Indigenous Communities and Lands
Federal Indian water rights are defined and governed by a body of federal law that recognizes that Indian tribes have unique property and sovereignty rights in the water on their reservations. Because Native Americans have occupied the land since time immemorial, Tribes often hold the highest priority water rights. Tribal water rights, although created and vested as of the date of the reservation, are not determined unless litigation or congressional action has quantified the amount of the right.[1] [1] Williams, Susan (1997). Volume 107, Issue 1 (1997) Native Indian Water Rights: Overview of Indian Water Rights.
In practice, Native Water rights are regularly abrogated by both Federal and State agencies. For instance, in 2016 the State of North Dakota and several Federal agencies made the decision to route an oil pipeline across portions of the land of the Standing Rock Sioux Tribe, crossing the water reservoir that serves as the source of potable water to that tribe, over the protests of the tribe.
In the past, mineral extraction operations for uranium, other metals and oil have contaminated water sources for the Navajo Nation. One such well, which served St. John the Baptizer Episcopal Church in Montezuma Creek, UT was contaminated by oil fracking operations near the aquifer from which the well drew its water. St. Christopher’s Episcopal Mission in Bluff, UT, draws water from an artesian well, and over the past several years there have been several attempts to license oil fracking wells that would penetrate the aquifer, despite the fact that the well serves as water source for many people from nearby communities on the Navajo Nation.
One egregious example of injustice to Indigenous people is in the composition of the Upper Colorado River Commission. The states of Wyoming, Colorado, Utah, New Mexico and Arizona are all represented on this commission whose purpose is to decide how water from the Colorado River watershed be apportioned. However, even though 9 tribes reside within the boundaries of the Upper Colorado watershed, none of those tribes have voting rights on the Commission.
Online Links:
The Supreme Court and Tribal Water Rights (americanbar.org) https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/native-american-issues/supreme-court-and-tribal-water-rights/#:~:text=Navajo%20Nation%2C%20a%20case%20that,secure%20much%2Dneeded%20water%20resources
The Navajo Nation's water rights are at the center of a Supreme Court case : NPR https://www.npr.org/2023/03/20/1164852475/supreme-court-navajo-nation-water-rights
Indian Water Rights Settlements | Indian Affairs: https://www.bia.gov/service/indian-water-rights-settlements
Drops of Hope Along the Colorado River: https://www.sierraclub.org/sierra/2-summer/feature/drops-hope-colorado-river-navajo-nation
St. Christopher’s Mission, Bluff, Utah Aquifer Battle: https://www.sltrib.com/news/environment/2024/01/02/with-clean-water-southern-utah/
2018-B025 https://www.episcopalarchives.org/cgi-bin/acts/acts_search.pl
Winters vs. United States 1907 (Winter's Doctrine) U.S. Reports: Winters v. United States, 207 U.S. 564 (1908). (loc.gov)
Note: this resolution and/or its explanation contains external references, such as URLs of websites, that may not be in the required languages of General Convention. Because of copyright restrictions, the General Convention cannot provide translations. However, your web browser may be able to provide a machine translation into another language. If you need assistance with this, please contact gc.support@episcopalchurch.org.
Explanation
Federal Indian water rights are defined and governed by a body of federal law that recognizes that Indian tribes have unique property and sovereignty rights in the water on their reservations. Because Native Americans have occupied the land since time immemorial, Tribes often hold the highest priority water rights. Tribal water rights, although created and vested as of the date of the reservation, are not determined unless litigation or congressional action has quantified the amount of the right.[1] [1] Williams, Susan (1997). Volume 107, Issue 1 (1997) Native Indian Water Rights: Overview of Indian Water Rights.
In practice, Native Water rights are regularly abrogated by both Federal and State agencies. For instance, in 2016 the State of North Dakota and several Federal agencies made the decision to route an oil pipeline across portions of the land of the Standing Rock Sioux Tribe, crossing the water reservoir that serves as the source of potable water to that tribe, over the protests of the tribe.
In the past, mineral extraction operations for uranium, other metals and oil have contaminated water sources for the Navajo Nation. One such well, which served St. John the Baptizer Episcopal Church in Montezuma Creek, UT was contaminated by oil fracking operations near the aquifer from which the well drew its water. St. Christopher’s Episcopal Mission in Bluff, UT, draws water from an artesian well, and over the past several years there have been several attempts to license oil fracking wells that would penetrate the aquifer, despite the fact that the well serves as water source for many people from nearby communities on the Navajo Nation.
One egregious example of injustice to Indigenous people is in the composition of the Upper Colorado River Commission. The states of Wyoming, Colorado, Utah, New Mexico and Arizona are all represented on this commission whose purpose is to decide how water from the Colorado River watershed be apportioned. However, even though 9 tribes reside within the boundaries of the Upper Colorado watershed, none of those tribes have voting rights on the Commission.
Online Links:
The Supreme Court and Tribal Water Rights (americanbar.org) https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/native-american-issues/supreme-court-and-tribal-water-rights/#:~:text=Navajo%20Nation%2C%20a%20case%20that,secure%20much%2Dneeded%20water%20resources
The Navajo Nation's water rights are at the center of a Supreme Court case : NPR https://www.npr.org/2023/03/20/1164852475/supreme-court-navajo-nation-water-rights
Indian Water Rights Settlements | Indian Affairs: https://www.bia.gov/service/indian-water-rights-settlements
Drops of Hope Along the Colorado River: https://www.sierraclub.org/sierra/2-summer/feature/drops-hope-colorado-river-navajo-nation
St. Christopher’s Mission, Bluff, Utah Aquifer Battle: https://www.sltrib.com/news/environment/2024/01/02/with-clean-water-southern-utah/
2018-B025 https://www.episcopalarchives.org/cgi-bin/acts/acts_search.pl
Winters vs. United States 1907 (Winter's Doctrine) U.S. Reports: Winters v. United States, 207 U.S. 564 (1908). (loc.gov)
Note: this resolution and/or its explanation contains external references, such as URLs of websites, that may not be in the required languages of General Convention. Because of copyright restrictions, the General Convention cannot provide translations. However, your web browser may be able to provide a machine translation into another language. If you need assistance with this, please contact gc.support@episcopalchurch.org.