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- All Subjects: Water rights
- Creators: Hirt, Paul
- Status: Published
Description
The rights of American Indians occupy a unique position within the legal framework of water allocations in the western United States. However, in the formulation and execution of policies that controlled access to water in the desert Southwest, federal and local governments did not preserve the federal reserved water rights that attached to Indian reservations as part of their creation. Consequentially, Indian communities were unable to access the water supplies necessary to sustain the economic development of their reservations. This dissertation analyzes the legal and historical dimensions of the conflict over rights that occurred between Indian communities and non-Indian water users in Arizona during the second half of the twentieth century. Particular attention is paid to negotiations involving local, state, federal, and tribal parties, which led to the Congressional authorization of water rights settlements for several reservations in central Arizona. The historical, economic, and political forces that shaped the settlement process are analyzed in order to gain a better understanding of how water users managed uncertainty regarding their long-term water supplies. The Indian water rights settlement process was made possible through a reconfiguration of major institutional, legal, and policy arrangements that dictate the allocation of water supplies in Arizona.
ContributorsKilloren, Daniel (Author) / Hoerder, Dirk (Thesis advisor) / Hirt, Paul (Committee member) / Smith, Karen (Committee member) / Arizona State University (Publisher)
Created2011
Description
The act of moving water across basins is a recent phenomenon in Arizona water policy. This thesis creates a narrative arc for understanding the long-term issues that set precedents for interbasin water transportation and the immediate causes--namely the passage of the seminal Groundwater Management Act (GMA) in 1980--that motivated Scottsdale, Mesa, and Phoenix to acquire rural farmlands in the mid-1980s with the intent of transporting the underlying groundwater back to their respective service areas in the immediate future. Residents of rural areas were active participants in not only the sales of these farmlands, but also in how municipalities would economically develop these properties in the years to come. Their role made these municipal "water farm" purchases function as exchanges. Fears about the impact of these properties and the water transportation they anticipated on communities-of-origin; the limited nature of economic, fiscal, and hydrologic data at the time; and the rise of private water speculators turned water farms into a major political controversy. The six years it took the legislature to wrestle with the problem at the heart this issue--the value of water to rural communities--were among its most tumultuous. The loss of key lawmakers involved in GMA negotiations, the impeachment of Governor Evan Mecham, and a bribery scandal called AZScam collectively sidetracked negotiations. Even more critical was the absence of a mutual recognition that these water farms posed a problem and the external pressure that had forced all parties involved in earlier groundwater-related negotiations to craft compromise. After cities and speculators failed to force a bill favorable to their interests in 1989, a re-alignment among blocs occurred: cities joined with rural interests to craft legislation that grandfathered in existing urban water farms and limited future water farms to several basins. In exchange, rural interests supported a bill to create a Phoenix-area groundwater replenishment district that enabled cooperative management of water supplies. These two bills, which were jointly signed into law in June 1991, tentatively resolved the water farm issue. The creation of a groundwater replenishment district that has subsidized growth in Maricopa, Pinal, and Pima Counties, the creation water bank to store unused Central Arizona Project water for times of drought, and a host of water conservation measures and water leases enabled by the passage of several tribal water rights settlements have set favorable conditions such that Scottsdale, Mesa, and Phoenix never had any reason to transport any water from their water farms. The legacy of these properties then is that they were the product of the intense urgency and uncertainty in urban planning premised on assumptions of growing populations and complementary, inelastic demand. But even as per capita water consumption has declined throughout the Phoenix-area, continued growth has increased demand, beyond the capacity of available supplies so that there will likely be a new push for rural water farms in the foreseeable future.
ContributorsBergelin, Paul (Author) / Hirt, Paul (Thesis advisor) / Vandermeer, Philip (Committee member) / Smith, Karen (Committee member) / Arizona State University (Publisher)
Created2013
Description
Natural resources management is a pressing issue for Native American nations and communities. More than ever before, tribal officials sit at the decision-making tables with federal and state officials as well as non-governmental natural resource stakeholders. This, however, has not always been the case. This dissertation focuses on tribal activism to demonstrate how and why tribal sovereignty, self-determination, and treaty rights protection are tied closely to contemporary environmental issues and natural resources management. With the Klamath Tribes of southern Oregon as a case study, this dissertation analyzes how a tribal nation garnered a political position in which it could both indirectly influence and directly orchestrate natural resource management within and outside of its sovereign boundaries. The Klamath Tribes experienced the devastating termination policy in the 1950s. Termination stripped them of their federal status as an Indian tribe, the government services offered to recognized tribes, and their 1.2-million-acre reservation. Despite this horrific event, the Klamaths emerged by the 2000s as leading natural resource stakeholders in the Klamath River Watershed, a region ten times larger than their former reservation. The Klamaths used tools, such as their treaty and water rights, and employed careful political, legal, and social tactics. For example, they litigated, appropriated science, participated in democratic national environmental policy processes, and developed a lexicon. They also negotiated and established alliances with non-governmental stakeholders in order to refocus watershed management toward a holistic approach that promoted ecological restoration.
This study applies spatial theory and an ethnohistorical approach to show how traditional values drove the Klamaths’ contemporary activism. From their perspective, healing the land would heal the people. The Klamaths’ history illuminates the active roles that tribes have had in the institutionalization of the federal self-determination policy as federal agencies resisted recognizing tribes and working with them in government-to-government relationships. Through their efforts to weave their interests into natural resource management with state, federal, and non-governmental stakeholders, the Klamaths took part in a much larger historical trend, the increased pluralization of American society.
This study applies spatial theory and an ethnohistorical approach to show how traditional values drove the Klamaths’ contemporary activism. From their perspective, healing the land would heal the people. The Klamaths’ history illuminates the active roles that tribes have had in the institutionalization of the federal self-determination policy as federal agencies resisted recognizing tribes and working with them in government-to-government relationships. Through their efforts to weave their interests into natural resource management with state, federal, and non-governmental stakeholders, the Klamaths took part in a much larger historical trend, the increased pluralization of American society.
ContributorsBilka, Monika (Author) / Fixico, Donald L (Thesis advisor) / Hirt, Paul (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2015