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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.46 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.