Despite owning rights to Colorado River, tribes largely cut off from accessing water

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geoff: A little known fact about the Colorado river is that American Indian tribes own rights to about a quarter of the river. In reality for most tribes, they are only paper rights, not amounting to water they can actually use. Now, as a megadrought afflicts the Colorado and other watersheds in the west, Stephanie sy reports on the opportunities and obstacles ahead. Stephanie: In the vast gila river valley south of Phoenix, Ramona button and her husband Terry inspect acres of thriving crops. Ramona left her nursing career decades ago to carry on a tribal tradition and become a farmer. Now her heirloom tepary beans can be found at stores and restaurants around the region. >> The people here knew the white tepary bean, so they were very grateful that we brought it back. Stephanie: The beans came back when the water came back. But that took more than a hundred years. In the late 19th century, upstream users had diverted the river to the point that it no longer flowed on the reservation. Did you feel like the gila river was stolen from the tribes here? >> What I was told by my parents, it was taken cut off by a dam. And so many people starved to death. I guess you would say in the taking of it all, yes, it was stolen. Stephanie: Her late father ,who she describes as a seer promised the land would one day be green again. And today, it is. >> I remember my dad's words, bring back all the foods that you were raised on. >> It wasn't overnight. It was a long process. It took until just now. We're within the last three years of finally finishing the delivery system to bring these waters to these lands. Stephanie: The water and the canals that deliver it to growers like Ramona would not have been possible without a landmark settlement in 2004 that gave the gila river Indian community its water back. One of the largest Indian water settlements in American history, the agreement granted the community a whopping 653,500 acre feet of water annually. That is more than a quarter of the amount all of metropolitan Phoenix uses in a year. The community also received hundreds of millions of dollars for water infrastructure. >> All of the construction that you see here, some 260 miles of canal having been lined or pipe, all of that is emanating from the community's water settlement. Stephanie: David Dejong is the director of the pima-maricopa irrigation project in the community, and a historian who has written on tribal water issues for decades. >> The federal government finally made right by providing funds for the community to bring its water home and restore its agricultural economy. Stephanie: Rodney Lewis, the tribal attorney who fought for the water rights settlement is the late father of the tribe's current governor Stephen roe Lewis. >> The senior water rights versus -- Stephanie: Building on his father's legacy means conserving the water, so he takes particular pride in this water recharge station. It allows the tribe to bank water they don't use. It's the only place where you can still see a slice of the gila river on the reservation. >> We have returned part of the flow of the gila river through this area. And it's become a riparian wetlands area that we're just so proud of. We have over 100 species of birds. When we brought the water back, it was almost like the land healed itself. Stephanie: With the gila river no longer the main water source on the reservation, the settlement granted the tribe a big chunk of Arizona's Colorado river allocation. In fact, the tribe of 21,000 members is the largest single entitlement holder on the Colorado river in the state. It is a reversal of fortune that few other native American tribes have achieved. The much larger navajo nation is far from settling its water claims. Never mind farming, many of the more than 170,000 tribe members who live on the reservation still have to haul water to their homes. >> Upwards of 40% of people within the navajo nation don't have running water. Stephanie: Crystal Tulley Cordova is a navajo hydrologist. >> You think about it, our sparse population, our rural living, in addition to that, you include water quality challenges, water production challenges that exist across the navajo nation. Stephanie: Water scarcity on the vast reservation is getting worse. >> Primarily the navajo nation historically has used groundwater. And when you think about climate change impacts on shallow aquifers, they're vulnerable. Navajo residents are vulnerable. We want to be able to have water rights that are secured, that we can be able to develop, to be able to close the clean water access cap. Stephanie: With a 17 million acre reservation that borders the Colorado, the navajo also have senior river rights. But that's not the same as having access to water says navajo attorney Daniel cordalis. >> The odds really have been stacked up against tribes since the outset to actually put this water to use. Stephanie:e: So you have all these tribes that have rights, and yet a third of the navajo nation doesn't have running water. >> The existence of these water rights in itself does not actually transform into what we call wet water. So a tribe can actually retain the right itself, but not have the ability to use it or to develop it and actually get water to our tribal communities. Stephanie: In the most recent blow to the navajo nation, the supreme court ruled last month against the nation's claim that federal treaty law requires the government to secure water for the navajos. Justice Brett Kavanaugh acknowledged in the opinion that allocating water in the arid regions of the American west is often a zero-sum situation. Nearly everyone is losing water. The Colorado is over allocated. Two countries, seven states, 30 tribes, 40 million people rely on its precious waters. For many tribes in the river basin, water supplies have never seemed less certain. >> Our goal is to do everything we can to start using that water so we have the capability to benefit from it on the reservation. Stephanie: Steven Escobar is the tribal administrator of the chemehuevi Indian tribe on the California side of lake havasu, one of the Colorado river's reservoirs. They don't have the infrastructure to divert or store all the water they are entitled to, so it just flows downstream. California is sort of getting your unused water and undeveloped water for free. >> That's exactly what it is. They're able to capture it and use it for free. So, yeah, they benefit financially and economically off of our unused water. And the tribe does not benefit in one bit. Stephanie: Escobar wants to be able to lease the tribe's unused allotment. Governor Lewis is aware of the special position he is in, the tribe's large allotment gives him outsized power in a time of scarcity, and he says, responsibility. How big of a challenge now is climate change for your whole vision? >> Everything we're doing is critical at a time where we have to continue to model this good behavior. When tribes are at the table and making decisions, when we're able to have the resources, we're able to bring very innovative solutions. Stephanie: Modeling good behavior has also meant allowing thousands of acres of farmland to go fallow. The tribe opted to leave over 100,000 acre feet of its annual Colorado river entitlement in lake mead over the next three years. In exchange, it is getting $233 million dollars from the federal government. >> That's what our elders expect of us. That's what we want to teach our youth, is being caretakers. Being stewards of the land and the water. That is how you live in a very beautifully harsh place, you work together and you respect each other. Stephanie: Respect for the land and cultural renewal are also Terry and Ramona button's mission. >> It becomes our responsibility to carry it on and apply it and keep the agricultural industry thriving here. Stephanie: Do you feel like the wrong has been corrected? >> Yes, I do. And we're very grateful that we were part of the system in promoting this, and going after our water rights. Stephanie: And they are not taking them for granted. For the pbs newshour I am Stephanie sy at the gila river Indian community in sacaton, Arizona. ♪♪
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Channel: PBS NewsHour
Views: 33,366
Rating: undefined out of 5
Keywords: native water rights, southwest water shortage, tribal water right, tribal water rights, water rights, water shortage
Id: twgUslAejcw
Channel Id: undefined
Length: 9min 28sec (568 seconds)
Published: Tue Jul 18 2023
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