Tribal Water Rights Issues

from the Washington State Department of Ecology Water Resources Program Description

Tribes have multiple interests in water. Water development is important for tribal economic development on reservations. Conversely, tribes also support the establishment and protection of instream flows to protect fish and wildlife resources. Tribes possess what are arguably the earliest priority rights to water in the state for both on-reservation use and for flows related to treaty fishing rights. However, for the most part, the specific rights of tribes have not been verified and quantified by a court. Indian rights could have a significant effect on water rights established under state law. Disputes occasionally arise regarding whether the state or a tribe (or both) have jurisdiction over non-Indian use of water on Indian reservations. Case law is mixed on this issue, so more case law may be necessary over time to provide clarity. State/tribal/federal negotiations on this issue are currently underway regarding the Lummi reservation in Whatcom County.

Related Resources
MRSC Index – Water rights