The purpose of this study is to provide a review of the legal and factual status of water rights possessed...
Read More
This project aims to unravel the legal complexities of water rights in order to empower California Tribes with the knowledge to better advocate for their water.
This study provides a detailed overview of the legal and factual status of water rights possessed by California Indian tribes and public domain allotment owners to evaluate and prioritize the needs of California Indians for the protection and development of their water resources.
It examines the history of dealings between federal and state governments and California Indians, and details the legal context concerning Indian water rights, including Winters Rights for Reservations / Rancherias, Winters rights for allotments, including public domain allotments, and the Trust Lands of Unterminated Tribes.
The study also explores the Marketability of water rights, the Protection and Assertion of Indian Reserved (Winters) Rights in a Mixed System, and strategies for tribes to secure and protect their water rights.
The Water Study explains California’s legal environment for federal reserved (Winters) water rights for Indian tribes and allotment owners. The Study also describes opportunities created under state law that advocates can take to protect and develop tribal water. The Study is broken up into chapters that begin with the purpose and finishes with strategic considerations and further research. Each chapter is broken into smaller sections and is meant to guide you through what are often complex topics. Using the site’s built-in search function allows for a more targeted approach if you know specifically what you seek. We are excited you are joining us on this journey in learning and elevating the conversation on Indian water rights in California.
The purpose of this study is to provide a review of the legal and factual status of water rights possessed...
Read More
Water rights are a form of property. Water rights under state law in California are usufructuary rights, meaning that the...
Read More
This section of the report discusses the doctrine of federal reserved water rights for Indian reservations was first enunciated by...
Read More
While federal law establishes some water rights, the federal government may defer to states to quantify and allocate water rights...
Read More
Water rights, including Winter’s Rights, are legal property interests that carry with them protections and legal remedies when those protections...
Read MoreIt is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).
The contents of the Water Study are not legal advice. The research, writing, and opinions expressed in the study were produced carefully and diligently but should not be solely relied on for legal actions. An experienced lawyer should be consulted for your individual legal matters. To request legal advice, you may contact your local California Indian Legal Services field office.
