New Article Analyzes Tribal Water Rights Settlements
A newly published article in the journal Water by WRRC Designated Campus Colleague Aminta Menjivar Maldonado, along with WRRC Director Sharon B. Megdal and U of A College of Law Indigenous Peoples Law and Policy Clinic Director Heather White Man Runs Him, analyzes Arizona’s Tribal water settlements. Arizona shares water resources with 22 Tribal nations, many of which have negotiated water settlements. This article provides background on Tribal water rights, beginning with an explanation of the foundational governing doctrines of prior appropriations, beneficial use, and Federal Reserved water rights.
After summarizing the evolution of Tribal water rights policy, the article offers a qualitative analysis of Arizona’s 11 current Tribal settlements. These settlements were undertaken to avoid the arduous and costly process of litigation by finding an agreement among involved parties that satisfied their primary goals. The article does not take a stand for or against the settlements but presents critiquing perspectives from other researchers. In so doing, it demonstrates the complexities and challenges of settling Tribal water rights while emphasizing the opportunities for collaboration between Tribal and non-tribal stakeholders.