When David Gover became an attorney with the Native American Rights Fund, he inherited a water rights legal case about as old as he was.
The case revolving around water rights in Oregon held by the Klamath Tribes started in 1975 and it’s emblematic of many tribal water cases — they’re long, complex and require specific legal knowledge.
There are not enough Native water attorneys to handle the difficult cases, which are critical for tribes to access the water they are entitled to.
That’s one of the challenges Gover hopes the new, Colorado-based Tribal Water Institute will help solve. The institute will help train new attorneys in tribal water law and provide other resources to help tribes access and develop their water rights. Tribes hold some of the oldest and most senior water rights in the West, but many do not have the money or infrastructure to use their water or sufficient legal staff to protect it.
“There’s still so much need out there and capacity is an ongoing issue for us all,” Gover said.
The institute will train young water attorneys to advocate for tribes in state and federal policy and serve as a central resource for tribes on water issues. It will be part of the Boulder-based Native American Rights Fund, a nonprofit that has worked on myriad legal issues for tribal nations since 1970.
Too often, tribes are stuck in a reactive position on water policy and litigation because they don’t have enough resources to work proactively, Gover said. The Native American Rights Fund has represented tribes in nine of the 35 tribal water rights settlements approved by Congress since 1978, but there is more work than attorneys available.
“We’re trying to build up the raw numbers to have people available, experienced and interested in this area of the law,” he said.
The Walton Family Foundation — which has spent millions on water issues in the West — donated $1.4 million to launch the institute. Native American Rights Fund staff continues to fundraise for the $4.2 million they estimate will be needed to fund the institute for three years.
Tribal nations are under-represented in federal and state policy discussions, said Moira Mcdonald, environment program director of the Walton Family Foundation.
“That is unjust and unwise,” she said. “We need to listen to their voices. More inclusive decision-making will lead to greater benefits for the environment and society as a whole.”
Fair representation for tribes is especially important in the Colorado River basin. Combined, the 30 tribes in the basin hold rights to approximately 25% of the water. But many have not been able to use their full allotment and the tribes have been repeatedly left out of negotiations over how the river should be used and divided.
As the river’s flows shrink and overuse drains the system’s reservoirs, the tribes will need legal representation to protect their rights on the water, Gover said.
Beyond legal representation, the institute also will serve as a central resource and think tank for tribal water issues. The institute will publish a report on tribal water and host the Indian Water Settlement Symposium. The symposium is the only effort to share information about water across tribes nationally.
Gover hopes he and other institute staff will be able to travel to tribal nations across the U.S. for listening sessions and bring new solutions to water issues.
“Doesn’t mean we have all the solutions when it comes to climate change and drought, but we think we have some expertise that we can lend to the situation,” Gover said.
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