1. © 2014 Kilpatrick Townsend Overview: Federal Indian Water Rights in California Presented to California Indian Law Conference

2. Winters v. United States Colorado River Water District v. United States Nevada v. United States Arizona v. California 2 Key Cases

3. McCarran Amendment, 43 U.S.C. 666 Treaty of Guadalupe Hidalgo 1848 No ratified treaties with Indian nations of California 3 Legislation and Treaties

4. Settlements quantify water rights Reduce risks in litigation Reduce costs 4 Water Settlements

5. San Luis Rey Indian Water Rights Settlement Act Soboba Band of Luiseno Indians Settlement Act Other bills introduced in recent years to settle water rights 5 California Indian Water Settlements

6. Appropriations System Riparian System And then, there’s California’s system 6 California Water Rights

7. Water says this, “Wherever you put me I’ll be in my home. I am awfully smart. Lead me out of my rivers, but I came from the ocean and I shall go back into the ocean. You can dig a ditch and put me in it, but I go only so far and I am out of sight. I am awfully smart. When I am out of sight I am on my way home.” Wintu women, quoted in Heizer and Elsasser, The Natural World of the California Indians 7 Water

8. Three sovereigns: Spain, Mexico, US Pueblo water rights were recognized under both Spanish and Mexican law Aboriginal water rights 8 Indian Water Rights in California History

9. Challenges for irrigable acreage in some parts of California Indians received individual Indian allotments from public domain 9 Challenges

10. Regulates surface water and groundwater separately Does not regulate surface water not in a stream Drought increases reliance on groundwater 10 California System

11. Snowpack Groundwater Surface water 11 Water Sources in California

12. April Day Kilpatrick Townsend & Stockton LLP 607 14 th Street, NW, Washington, DC 20005 202-508-5838 aday@kilpatricktownsend.com 12 Contact