HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Friday, November 18, 2022

The Unfulfilled Promise of Indian Water Rights Settlements

Heather Tanana (University of Utah), Elisabeth Parker (University of Utah), The Unfulfilled Promise of Indian Water Rights Settlements, Utah L. Res. Paper (2022):

Access to clean water is critical for any community, particularly the 48% of tribal homes in the United States that lack safe drinking water, reliable water sources or basic sanitation. Tribes throughout the West have significant water rights through treaty and trust claims, many of which have yet to be quantified. This article will discuss federal Indian reserved water rights and how water is necessary to fulfill the purpose of Indian reservations. The article will then explore the promise and limits of Indian water rights settlements and how such settlements can be used as a tool to further tribal interests in water. Finally, the article will identify other options available to provide for tribal water access.

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