Indian Water Rights

Representative Matters

• In one of the largest Indian water rights claims settlements in U.S. history, negotiated and obtained congressional approval in a case on behalf of the Gila River Indian Community. The settlement resulted in the delivery of 653,000 acre-feet of water to the reservation and $200 million to construct and rehabilitate the delivery system on the reservation and mandated over $2.1 billion in additional payments and subsidies directly benefiting the tribe. The settlement—which included almost 40 separate parties and 40 sub-agreements—demanded the resolution of complex technical issues as well as numerous substantive political and policy issues in Congress and the administration.
• Successfully represented the Pechanga Band of Luiseño Indians in resolving its long-standing claims to water rights in the Santa Margarita River Basin in California. The settlement also secured necessary water supplies to meet the tribe’s current and future water needs. On behalf of Pechanga, negotiated a comprehensive settlement agreement with water authorities, including the Rancho California Water District, the Eastern Municipal Water District and the Metropolitan Water District. The settlement provides Pechanga with rights to water equal to those set forth in the tribe’s original federal court decree.
• In a case where the region faced challenges associated with severe drought, advised and negotiated on behalf of the Gila River Indian Tribe Community to ensure its interests were protected in the Drought Contingency Plan. This agreement was heavily negotiated among numerous stakeholders from Arizona, New Mexico and California that resulted in an agreement and federal legislation that protects water levels in Lake Mead. The settlement provided drinking water to 40 million Americans, irrigation for 5.5 million acres of farmland and more than 4,000 megawatts of carbon-free hydropower to communities across the American West.
• Successfully represented the Gila River Indian Community in its request for funding from the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Services as well as the Community’s successful request for funding from the Department’s Regional Conservation Partnership Program. Both funding grants are to be used towards water conservation efforts. Together, these USDA funds will enable the Community to diversify its water conservation efforts and extend the existing federal funding under the Arizona Water Settlements Act for the future.
• Much of the Gila River had been lost to the Gila River Indian Community due to upstream thefts of its water supplies. Assisted the Community in developing the first riparian recharge area, known as MAR 5, now operational, as well as two more expected in service in the coming year. Through the three riparian recharge areas, the Community will annually be storing over 50,000 acre-feet of water on its reservation to recharge its own aquifers.

Services In-Depth

We assist Indian tribes facing water scarcity and limited federal funds to fulfill water settlements. It’s essential to find the right lawyers to work with congressional members—those on both sides of the aisle with a will to seek solutions—as well as senior bureaucrats to secure funding.

Our team is buttressed by a top-ranked team of policy advisors with deep connections on Capitol Hill, the Bureau of Indian Affairs and other officials at the U.S. Department of the Interior. We understand:

• Which funding is up and coming.
• What bills are in process and their chances of passing.
• The importance of ensuring tribes’ interests are represented through the offices of relevant members of the U.S. House of Representatives and the U.S. Senate.

And we have a full understanding of the complexities of water law—including extensive experience in matters related to the Reclamation Water Settlements Fund and the major industry issues impacting Indian water rights.