Think-Pair-Share
What are some limited natural resources that you use on a
regular basis?:
1
What about water?
2
How many different ways do you
use water in a day?
3
Today we will be analyzing the complex
process of determining water rights as
well as examining the relationship
between Native Americans, the State,
and the Federal Government.
4
Drought in Arizona
5
Arizona Water Sources
 Groundwater: 40%
 Surface Water

Colorado River: 39%

Other Surface Water: 19%
 Effluent aka Reclaimed Water: 2%
6
History of Arizona Water
 National Reclamation Act- 1902

Authorized the Salt River Project
 Goal: Provide adequate water
for agricultural development in
the west.

Colorado River Compact- approved
by Arizona in 1944
7
History of Arizona Water
 Central Arizona Project 1968

Transports water from Colorado river to central and southern Arizona
 1980 Ground water Act

Limited Groundwater use
8
Arizona Politicians and Water Rights
 Jon Kyl: Arizona Senator 1995-2013

Wanted to guarantee “Wet” water rights

2004 Arizona Water Settlement Act

Navajo-Hopi Colorado River Water Rights and Settlement Act of 2012.
 Jon Kyl Interview with Sandra Day O’Connor (7:30-11:00)

Pay close attention to what Kyl has to say about water rights and
Native Americans
9
Native American reservations
in Arizona
10
Native Americans in Arizona
 Indian Reservations
 Water Rights have been guaranteed by the federal government
 Unclear nature of water rights= inadequate “Wet” water rights for Native
American tribes
11
Native American Water Rights

Winters V. United States-1908

Arizona v. California 1963

Arizona v. San Carlos Apache Tribe- 1983
12
2004 Arizona Water Settlement Acts
 Gila River Indian Community and Tohono O’odham Nation given funding to
expand water infrastructure
 The Act allows these tribes to make use of water rights that previously
existed only on paper.
 Certainty of Water Rights
13
How did they come to this
agreement?
 The first step was to negotiate out the terms of the agreement with all parties
involved. The ultimate goal for all parties was certainty of water now and for
future generations

Indian Communities

State of Arizona

Water Districts

Arizona Cities

Private Companies

Federal Government

Jon Kyl- Arizona Senator
14
Approving the settlement
 State Approval

Required because the settlement involved funding from the State
 Federal Approval

Required because the settlement involved funding from the federal
government.
15
Visualizing the Process
 Now its your turn to help us visualize the process of the 2004 Arizona Water
settlement Acts
 Using the notes you have just taken along with the packet that is being
handed as a group of four you will create a visual organizer of the process of
the 2004 Arizona Water settlement act
 Be sure to include the negotiation stage, passing state legislation and
federal legislation.
16
Settlement vs. Lawsuit
 What is the difference between a settlement and a Lawsuit?
 Why do you think that when it comes to water rights t Native Americans and
other involved entities choose to settle rather then file a lawsuit?
 Think about a time when it would be beneficial to settle with someone rather
then sue and accept the decision of the court?
17
References

Slide 2:



Arizona Experience. "Arizona's Water: Uses and Sources." The Arizona Experience.
http://arizonaexperience.org/people/arizonas-water-uses-and-sources
Brenda Norrell. "CENSORED NEWS." : Bolivia's Law: The Rights of Mother Earth.
http://bsnorrell.blogspot.com/2013/06/bolivias-law-rights-of-mother-earth.html
Slide 4

Killoren, Daniel. American Indian Water Rights in Arizona: From Conflict to Settlement,
1950-2004. : Arizona State University, 2011.
18
References

Slide 5



Brewer, Michael, and Liz Love-Brotak. "U.S Drought Monitor." The Drought Monitor.
http://drought.unl.edu/dm (accessed May 28, 2014).
Slide 6


Arizona Experience. "Arizona's Water: Uses and Sources." The Arizona Experience.
http://arizonaexperience.org/people/arizonas-water-uses-and-sources
Arizona Experience. "Arizona's Water: Uses and Sources." The Arizona Experience.
http://arizonaexperience.org/people/arizonas-water-uses-and-sources
Slide 7 &8


"Colorado River Commission of Nevada." Colorado River Commission of Nevada.
http://crc.nv.gov/index.asp?m=maps
SRP. (2013). Standing for more than a century: Theodore Roosevelt Dam and SRP.
Phoenix: SRP
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References

Slide 9


Slide 10



SRP. (Producer) (2013). Arizona: Centennial conversations with Sandra Day O'Connor :
Interview with Jon Kyl [DVD].
"Globilization -Tohono O'odham tribes of the Southwest." krischris.
http://krischristensen.wordpress.com/2013/06/13/globilization-tohono-oodham-tribes-ofthe-southwest/
Killoren, Daniel. American Indian Water Rights in Arizona: From Conflict to Settlement,
1950-2004. : Arizona State University, 2011.
Slide 11-13

Killoren, Daniel. American Indian Water Rights in Arizona: From Conflict to Settlement,
1950-2004. : Arizona State University, 2011.
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