Pete Domenici: “One unresolved issue that is of grave concern to many in the west is unresolved Indian water rights claims. Over the…”

“One unresolved issue that is of grave concern to many in the west is unresolved Indian water rights claims. Over the past century, many parties have sought to determine the extent of Indian water rights in the courts. However, litigation to determine Indian water rights has failed in many respects for both Indians and non-Indians. Unresolved Indian water rights claims are of particular concern in New Mexico which has 23 Indian tribes. As with all litigation, the outcome is uncertain and one party generally loses. If the Indian nations were to receive a large award by the courts and those water rights were exercised, the senior priority date of many Indian water rights claims have the potential to displace existing users. This means that non-Indian towns, farmers, and industry could ultimately have their water supply cut off. However, in many instances, even if an Indian nation were to receive a water windfall from the courts, many of the Indian nations lack the water infrastructure to make use of the water awarded by the courts. Additionally, Indian water rights litigation often takes decades. For example, the Aamodt litigation in New Mexico was filed in 1966 and is the longest standing litigation in the federal judiciary. Finally, the numerous unresolved Indian water rights claims in many western states such as New Mexico impair our ability to effectively undertake water rights planning as we are unsure of the award that the Indian nations will receive.”