Transcript

Wesley Edmo/David Getches: Will western states continue to ignore guaranteed treaty rights?

Edmo: My name is Wesley Edmo. This is probably for Mr. Getches. In the early 1950's the McCarran Amendment was adopted, which basically waived the federal government's sovereign immunity and allowed for states to adjudicate water. But then there was an assumption in tribes and on our reservations about our water rights [that] there is this value conflict between two world views. And obviously with the Shoshone Bannock tribes in Idaho here and for all Idaho, we saw that as a real shift in the approach where Indian tribes were actually [given] very unequal treatment by the political power[s]. Knowing that and seeing all the political fallout, what do you see in terms of the western states' approach in the next few years -- will they continue to ignore tribes or will they recognize our guaranteed treaty rights in the areas of hunting, fishing and gathering? Because the importance of that is [it should] allow us a minimum instream flow and it will also protect our culturally sensitive resources. If not, we feel as though that is a form of cultural genocide.

Getches: Ever since 1908, when the Supreme Court told us that there was such a thing as Indian reserved water rights, people in the west have known that on rivers where there are Indian reservations, there is an unmet claim for water. Notwithstanding that, over the years the federal investments in water on those same rivers went primarily for the benefits of non-Indians. The difficulty now is getting water to Indian tribes, having it reallocated if you will in a way that is not extraordinarily disruptive to existing uses. And that can happen in court. You mentioned the McCarran Amendment, where Congress said the federal government has got to come into State court to claim its water rights, including those water rights held by Indian tribes where the US as trustee represents the tribes. That is one way to do it, to litigate these claims. And another way is through negotiation. Usually it takes both, a lawsuit in state court and then a negotiation process that spins off a workable solution where all the parties come to the table, Indian and non-Indian, and Congress typically steps in to help lubricate the settlement with financial resources, money.

Back to Discussion page