Native Americans water rights in the water scarce Western United States, its causes, consequences and probable solutions

Conclusions

The governmental body charged with defining the Indian water rights may be Congress, the courts, or a Federal agency. Regardless which body assumes this responsibility, resolution of particular disputes between private users and Indian reservations must be made against a background of a larger political battle between the states, the Federal Government, Indian tribes, and private enterpreneurs for control over W waters. The Federal-State concerns are supplemented by Indian fears of unfair treatment at the state level and of failure by the Federal Government to meet its fiduciary obligations to the tribes. As a first step in resolving the Indian water dilemma, the nature of the contending interests and the institutional possibilities calls for the Federal courts to protect Indian interests and to reduce uncertainty through definition of the scope of Indian reserved water rights.