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SR0087014_SSNL
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SR0087014_SSNL
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Last modified
4/23/2024 9:12:12 AM
Creation date
8/17/2023 1:11:21 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
FileName_PostFix
SSNL
RECORD_ID
SR0087014
PE
2602
STREET_NUMBER
18163
Direction
S
STREET_NAME
CARROLTON
STREET_TYPE
RD
City
RIPON
Zip
95366
APN
24538026
ENTERED_DATE
8/1/2023 12:00:00 AM
SITE_LOCATION
18163 S CARROLTON RD
P_LOCATION
99
P_DISTRICT
005
QC Status
Approved
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EHD - Public
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116 Part I California Water <br /> Indian tribes and water stewardship <br /> California is home to more than 100 federally recognized Indian tribes and <br /> over 200 distinct Indian water allotments, both on reservations and in the <br /> federal public domain (Parr and Parr 2009). Under U.S. Supreme Court rul- <br /> ings,these Indian holdings potentially include federal water rights (Winters v. <br /> United States 1908;Sax et al.2006)44 Indian tribes are entitled to as much water <br /> as necessary to fulfill the purpose of the Indian reservation, usually enough <br /> to irrigate the "practicably irrigable acreage" on the reservation (Arizona v. <br /> California 1963, 2006).Although the law is not clear,once Indian water rights <br /> are quantified,tribes may be entitled to use the water for purposes other than <br /> those used to measure the rights—e.g.,for environmental flows(Sax et al.2006). <br /> In contrast to some other western states,Indian water rights have not had a <br /> major role in California to date.45 However,California Indian tribes are inter- <br /> ested in the quantification and use of their federal water rights.As Indian tribes <br /> seek to quantify and use their water rights,tribal claims could affect existing <br /> allocations of water in California. This would be especially true for intrastate <br /> allocations of water from the Colorado River, where the U.S. Supreme Court <br /> has held that tribal claims may exceed 900,000 acre-feet per year (Arizona <br /> v. California 1963). Even without greater quantification of their water rights, <br /> California tribes sometimes have important roles in California water policy. <br /> Northern California tribes,for example,used their fishing rights to help drive <br /> the 2009 agreement to remove four dams from the Klamath River (Box 2.4). <br /> As holders of Colorado River rights, the San Luis Rey Indians of Southern <br /> California helped enable the transfer of water from the Imperial Irrigation <br /> District to the San Diego County Water Authority.16 Indian tribes also have <br /> expressed concern about siting infrastructure that may interfere with sacred <br /> sites,loss of access to native-resource plants as a result of water activities,the <br /> effect of abandoned mines on water quality, illegal diversions,flood planning <br /> 44. Federal water rights enjoy priorities that date to the year the tribal land was reserved from the public domain by <br /> executive order or statute,and Indian water rights are not lost by nonuse(Cappaert v.United States 1976).The priority <br /> date for Indian water rights actually dates to the year in which an Indian reservation was created by treaty,executive <br /> order,or statute.No Indian tribes in California,however,are subject to treaties. <br /> 45. This is mostly because the water rights of only a few tribes have been quantified(Parr and Parr 2009).In addition, <br /> the priority dates for most Indian water rights in California might be late enough to be junior to most existing state <br /> water rights.Various legal theories might entitle tribes to earlier priority dates(California Tribal Water Summit Regional <br /> Tribal Water Plenary 2009).For experiences in some other southwestern states,see Colby,Thorson and Britton(2005). <br /> 46. The tribe and the San Diego County Water Authority are sharing the water savings from the lining of the All- <br /> American Canal,one of the components of the Quantification Settlement Agreement noted above.For the time being, <br /> the Metropolitan Water District of Southern California is buying the tribe's share until it can put the water to use. <br />
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