1. Congressional Approval of Indian Water Rights Settlements
Native American Rights Fund
Western States Water Council
Symposium on Indian Water Settlements

2. Settlement Approval Challenges
Bishop Process
1990 Criteria and Procedures
Criterion 4, 5
Narrow legal focus on U.S. liability
Often deployed as means of objecting to settlements or for political leverage
Trust fund model?
Unreliable future funding streams (discretionary funds will be inadequate)

3. Addressing Funding Challenges
Chairman Grijalva’s H.R. 1904/Sen. Udall’s S. 3168
Extends the Reclamation Water Settlement Fund beyond the current expiration in 2029
provides $120 million per year in mandatory funding to implement settlements
Ensures a predictable, reliable funding stream for current and future Indian water rights settlements (not subject to unpredictable annual appropriations)
Alleviates the pressure on the Department of the Interior’s discretionary appropriations to implement Indian water rights settlements
Version passed through Senate Indian Affairs Committee under leadership of Chairman Hoeven and Vice-Chairman Udall
Percent of Annual Reclamation Water and Related Resources Spending on Indian Water Rights Settlements

4. Overcoming Challenges in Congress
Engagement with Indian Country allies on Capitol Hill (Both Rep. and Dem.)
Cultivating New Champions (50+ new House Members every Congress)
Consistent Message Communication
Settlements important for tribal economic development, public health, water supply certainty for Western communities
Settlements support values of treaty rights, tribal sovereignty, and trust responsibility
Historically Settlements = Net-Benefit for Taxpayers

5. Good Messengers Tribes (“Suit Up and Show Up”) Governors’ Offices
Coalition of other supporters (e.g., water districts, NGOs, etc.)
Tribal Organizations (e.g. NARF, NCAI)

6. Evaluating Settlements
Long-term water supply reliability?
Tribal support?
State and local support?
Administration support?
NGOs?

7. Wrapping it All Up Despite Challenges, settlement approval is possible
Will require persistence, patience, good communication, and engagement with allies in both parties
In the medium and long-term, more reliable funding streams will be essential for future settlements