The 64th Annual New Mexico Water Conference Buffalo Thunder Resort - PowerPoint PPT Presentation

Pamela Williams, Director Secretary’s Indian Water Rights Office November 6-8 The 64th Annual New Mexico Water Conference Buffalo Thunder Resort and Casino

Settlement versus Litigation  For almost 50 years the United States has followed a policy of preferring negotiated settlements over protracted and divisive litigation  Many, if not most, tribes, states and local parties also agree that settlement is the best approach to resolve Indian water rights disputes 2

Completed Settlements Department of the Interior (DOI) has completed 36 Indian water rights settlements since 1978 – Congressionally Approved → 32 – Administratively Approved by DOI & Department of Justice (DOJ) → 4 3

Enacted Settlements Settlement Year Public Law State Settlement Year Public Law State Pechanga 2016 P.L. 114-322 CA Rocky Boys 1999 P.L. 106-163 MT Choctaw-Chickasaw 2016 P.L. 114-322 OK Yavapai-Prescott 1994 P.L. 103-434 AZ Blackfeet 2016 P.L. 114-322 MT Jicarilla Apache 1992 P.L. 102-441 NM Bill Williams River (Hualapai) 2014 P.L. 113-223 AZ Northern Cheyenne 1992 P.L. 102-374 MT Pyramid Lake Paiute-Fish Springs 2014 P.L. 113-169 NV Ute 1992 P.L. 102-575 UT White Mountain Apache 2010 P.L. 111-291 AZ San Carlos Apache 1992 P.L. 102-575 AZ Crow Tribe 2010 P.L. 111-291 MT Fort Hall 1990 P.L. 101-602 ID Taos Pueblo 2010 P.L. 111-291 NM Fort McDowell 1990 P.L. 101-628 AZ Aamodt 2010 P.L. 111-291 NM Fallon Paiute Shoshone 1990 P.L. 101-618 NV Navajo-San Juan 2009 P.L. 111-11 NM Truckee-Carson-Pyramid Lake 1990 P.L. 101-618 NV Duck Valley 2009 P.L. 111-11 NV Colorado Ute 1988 P.L. 100-585 CO Soboba 2008 P.L. 110-297 CA Salt River Pima-Maricopa 1988 P.L. 100-512 AZ Nez Perce 2004 P.L. 108-447 ID San Luis Rey 1988 P.L. 100-675 CA Gila River 2004 P.L. 108-451 AZ Seminole Land Claims 1987 P.L. 100-228 FL Zuni 2003 P.L. 108-34 AZ SAWRSA 1982 P.L. 97-293 AZ Shivwits 2000 P.L. 106-263 UT Ak-Chin 1978 P.L. 95-328 AZ 4

Settlement Negotiations  Settlement negotiations frequently evolve from litigation but can also occur without litigation  DOI provides technical and other assistance to the tribes  Settlement agreements vary from multi-party agreements to compacts among the state, tribe, and Federal Government  When agreement is reached, parties typically seek Federal approval in the form of Federal legislation 5

Benefits of Settlements  Wet Water Provide “wet water” to tribes; litigation provides “paper water”  Win-Win Provide water to tribes while protecting existing non- Indian water users  Local Solutions Allow parties to develop and implement creative solutions to water use problems based on local knowledge and values 6

Benefits of Settlements (cont’d)  Certainty and Economic Development • Provide certainty to tribes and neighboring communities, support economic development for tribes, and replace historic tension with cooperation  Trust Responsibility • Consistent with the Federal trust responsibility and Federal policy of promoting Indian self-determination and economic self-sufficiency 7

Taos Pueblo Protecting habitat, natural and cultural resources at Buffalo Pasture at Taos Pueblo

Navajo-Gallup • By end of 2020 • First project water deliveries will be made through Cutter Lateral • All but appx 30 miles of the appx 300 miles of pipeline will either be: completed, under construction, or under contract to be constructed. • On track for project completion in 2024.

Navajo- Gallup A section of 42-inch steel pipe Aerial view of construction of being installed on Block 9-11 Cutter Water Treatment Plant

Navajo-Gallup Exterior view of the Tohlakai Pumping Plant from the Southeast – 4/12/17

Who is at the Table for the Federal Government?  The Department of the Interior's Working Group on Indian Water Settlements  Chaired by Alan Mikkelsen, Senior Advisor to the Secretary  Composed of all Assistant Secretaries and the Solicitor  Provides Policy Guidance for the Indian Water Rights Settlement Program  The Secretary’s Indian Water Rights Office  Manages the Indian Water Rights Settlement Program  Local Federal Negotiation Teams  Primary manner in which the Federal Government participates in settlement activity  21 - Negotiation Teams  17 - Implementation Teams 2 - Assessment Team  12

Team Structure  Team Membership  Agencies most typically represented on teams:  Bureau of Indian Affairs (BIA)  Bureau of Reclamation (BOR)  Fish and Wildlife Service (FWS)  Office of the Solicitor (SOL)  Department of Justice (DOJ)  Can include any DOI or other Federal Department having an interest  Teams are typically staffed at the local level 13

Settlement Teams in New Mexico  Negotiation Teams  Abousleman - Pueblo of Jemez, Publo of Zia, Pueblo of Santa Ana  Kerr McGee - Publo of Acoma, Pueblo of Laguna, & Navajo Nation  Zuni-Ramah - Zuni Tribe & Ramah Navajo Nation  Implementation Teams  Aamodt - Pueblo of Nambe, Pueblo of San Ildelfonso, & Pueblo of Tesuque  Navajo-San Juan – Navajo Nation  Taos – Pueblo of Taos  Assessment Teams  Ohkay Owingeh - Ohkay Owingeh 14

Criteria and Procedures The Criteria & Procedures for Participation of Federal Government in Negotiating for Settlement of Indian Water Rights Claims , 55 Fed. Reg. 9223-9225, Mar. 12, 1990 – Provide guidelines for Administration’s participation in settlements – Include factors to be considered in deciding Federal contribution to settlement cost share – Require non-Federal cost sharing 15

Federal Settlement Legislation  Basic parameters of the settlement and legislation approved by Working Group and OMB  Legislation drafted and introduced  Hearings scheduled  DOI prepares initial draft testimony which is then reviewed and revised through the OMB clearance process before being submitted to Congress 16

Federal Costs of Settlements  Federal funding required by Indian water settlements has significantly increased over time  Roughly a billion dollars expended between mid 1980s and 2002 but more than $2 billion authorized between 2009-2016  Funding of Indian Water Rights Settlements comes out of the budgets of both the Bureau of Indian Affairs and the Bureau of Reclamation. 17

Millions $ $1,000 $100 $200 $300 $400 $500 $600 $700 $800 $900 $0 1978 1980 1982 Settlement Funding 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 18

Share of Settlement Funding by Agency Share of Settlement Funding by Agency 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% BIA Reclamation 19

Settlement Funding (cont’d)  Omnibus Public Land Management Act (P.L. 111-11) Established Reclamation Water Settlement Fund  $120 million for each of 10 years beginning in 2020 (total of $1.2 billion)  Funding is allocated based on priorities within the Act: Navajo-Gallup Water Supply Project; other NM Settlements; Montana Settlements; Arizona Settlement (Navajo Nation’s claims in the Lower CO River Basin)  Will not provide a funding source for all new settlements 20

RWSF Priorities  Priority I. Navajo-Gallup Water Supply Project (Mandated to be fully appropriated by December 2024)  Priority II. Other New Mexico Settlements:  Aamodt Litigation Settlement (Mandated to be fully appropriated by June 2024)  Taos Pueblo Indian Water Rights (Fully funded)  Priority III. Montana Settlements:  Blackfeet Water Rights Settlement (Mandated to be fully appropriated by January 2025)  Crow Tribe Water Rights Settlement (Mandated to be fully appropriated by June 2030)  Ft. Belknap Indian Reservation (if settlement is authorized by December 31, 2019)  Priority IV. Arizona Settlements:  Arizona — Navajo Nation: Lower Colorado River basin (if settlement is authorized by December 31, 2019) 21

DOI Funding FY 2018 FY 2019 FY 2020 (Request) SIWRO $1,370,000 $1,380,000 $1,370,000 Reclamation $6,069,000 $7,330,000 $5,992,000 BIA $18,061,000 $18,011,000 $16,571,000 TOTAL* $27,094,000 $26,917,000 $25,025,000 *includes funding provided by other DOI Bureaus 22

Fiscal Year 2020 Appropriations  The House passed both the Interior-Environment and the Energy and Water Development appropriations bills.  The Senate passed the Interior-Environment bill but not the Energy and Water Development bill. The Interior-Environment bill will go to conference between the House and the Senate. 23

Recent Settlements  Amendment to the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (P.L. 115-227)  Amendment to the Blackfeet Water Rights Settlement Act of 2016 (P.L. 115-270) 24