One river, three sovereigns: Indian and interstate water rights

Journal Article · Thu Jan 01 04:00:00 EST 1987 · Land Water Law Rev.; (United States)

OSTI ID:6095769

Tarlock, A D

Federal Indian reserved waters apply to intra and interstate streams and aquifers. Many interstate streams have been allocated among riparian states by Supreme Court decree, interstate compact or congressional apportionment, but Indian water rights are seldom well integrated into these mass allocations. In Arizona v. California, the Supreme Court held that in the case of a congressional apportionment Indian water rights are charged against the share of the state in which the reservation is located. States on over-appropriated rivers resist the general application of this principle, but states with surplus waters view the recognition of generous water rights as a way to protect base flows against the claims of other states. This article argues that it is fair to charge the satisfaction of reserved water rights against the state or states in which the reservation is located because Indian tribes are quasi-sovereign. This is the practice of Western states in negotiating reserve rights agreements and is leaning to fairer treatment of the tribes.

• Research Organization: IIT Chicago-Kent College of Law, IL
• OSTI ID: 6095769
• Journal Information: Land Water Law Rev.; (United States), Journal Name: Land Water Law Rev.; (United States) Vol. 22:2; ISSN LWLRD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290200 -- Energy Planning & Policy-- Economics & Sociology
290400* -- Energy Planning & Policy-- Energy Resources
ALLOCATIONS
AQUIFERS
CASE LAW
ECONOMIC POLICY
GOVERNMENT POLICIES
INDIAN RESERVATIONS
LAWS
LEGAL ASPECTS
RESOURCES
STREAMS
SURFACE WATERS
WATER RESOURCES
WATER RIGHTS