Position #2026-06 – Support for Negotiated Indian Water Rights Settlements
Policy Summary
Resolving unquantified Indian reserved water rights claims is critical for western states, because tribal rights typically have priority dates that are senior to non-Indian uses, and therefore have the potential to displace other established water rights. Negotiated Indian water rights settlements are generally the best way to resolve claims to federally reserved Tribal water rights. Compared with prolonged litigation, settlements can provide greater certainty and flexibility, minimize disruption to existing water uses, promote conservation and sound water management, and create durable partnerships among Tribes, states, local communities, water users, and the federal government.
Successful settlements require meaningful federal participation and reliable funding. Settlements may resolve both water-right and breach-of-trust claims and may require infrastructure or other “physical solutions” to make Indian reserved water rights usable. Once Congress authorizes a settlement, the United States should fulfill its commitments without corresponding cuts to other Tribal or essential Department of the Interior programs.
WSWC Urges Congress and the Administration to:
1. Support the Negotiation Teams through the Department of the Interior’s Indian Water Rights Office These teams are responsible for providing technical support and resolving Indian water claims. Negotiated settlements can resolve claims fairly and efficiently while providing flexibility to address unique circumstances, minimize disruption to existing water uses, promote sound water management, and build cooperative relationships.
2. Authorize negotiated settlement agreements. The federal government holdsIndian water rights in trust for the benefit of the tribes and should work to ensure that settlements negotiated in good faith among tribal, federal, and state governments are authorized, funded, and implemented.
3. Provide a strong and reliable federal fiscal commitment to authorized settlements. The United States should provide meaningful and predictable funding for authorized settlements, recognizing applicable federal trust obligations and the national benefits of resolving long standing claims.
4. Support flexible funding and “physical solutions” needed to implement settlements. Congress should expand appropriate use of Reclamation Fund revenues, fund-based settlements, project construction, and other practical tools that allow Tribes to put Indian reserved water rights to beneficial use.
5. Fund authorized settlements without undermining other Tribal or essential federal programs. Authorized Indian water rights settlements should not be treated as congressionally directed spending, and settlement funding should not require corresponding cuts to other Tribal programs or essential Department of the Interior responsibilities.
Core Message
Negotiated Indian water rights settlements can provide certainty for Tribal and non-Tribal water users, avoid costly and prolonged litigation, protect existing uses, and support solutions tailored to individual basins. Their success depends on a reliable federal commitment from negotiation through authorization, funding, and implementation.
What WSWC Is Asking For
1. Maintain a strong federal policy favoring negotiated settlements of Indian water rights claims over prolonged litigation.
2. Provide durable and sufficient federal funding for authorized settlements consistent with applicable federal trust obligations.
3. Expand appropriate settlement funding tools, including use of Reclamation Fund revenues, fund-based settlements, and infrastructure or other physical solutions needed for implementation.
4. Do not treat Indian water rights settlements with regional implications as local earmarks or require offsets from other Tribal or essential Department of the Interior programs.
5. Develop settlements that minimize disruption to existing water uses and comply with state water law, interstate compacts, court decrees, and other governing legal frameworks.
Closing Statement
WSWC supports negotiated Indian water rights settlements as an effective way to resolve longstanding claims, provide greater certainty, fulfill applicable federal responsibilities, protect existing water uses, and strengthen cooperation among Tribal and non-Tribal communities. Congress and the Administration should provide a dependable path from negotiation through funding and implementation so that federal settlement commitments can be fulfilled.
Jurisdiction
Senate Committee
●Indian Affairs
●Energy & Natural Resources
House Committee
●Natural Resources: Water, Wildlife & Fisheries Subcommittee
Relevant Appropriations Subcommittees
●Energy & Water Development
●Interior, Environment & Related Agencies
Relevant Federal Agencies
●U.S. Department of the Interior
●U.S. Department of Justice