“In Time & With Water, Everything Changes” — The EPA Is Empowering People To Gain Water Rights
Non-riparian water rights
: Non-riparian rights refer to a landowner’s non-exclusive access to the water adjacent to their property.: The doctrine of prior appropriation dictates that only those with a permit may divert water from a specific water source.Absolute dominion: Landowners who share a common source of water are limited only to a reasonable share of the water, as opposed to as much as they want.: Allows users who live closest to a water source priority use of water over appropriators.
The US asserted in 1954 asserted that the Nation was limited to a tributary of the Colorado River, the Little Colorado River. By 1964, the Secretary of the Interior was granted the authority to determine water surpluses or shortages in a given year and to adjust the delivery of Colorado River mainstem waters — but not the tributary waters. The 1964 Decree specifically disclaimed any effect as to the “rights or priorities, except as specific provision is made herein, of any Indian Reservation.
The case, known as Winters, creates such an obligation and illustrates that states and water right holders throughout the West must take tribal rights seriously regardless of whether they have been formally quantified. For many Native American communities, the first step is just gaining access to drinking water, and from there they plan to push for a reexamination on water management in other regions like the Colorado River Basin..”
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