What does the water settlements mean
to our people. In the late 1800's our lands and waters were taken
in a quest "Manifest Destiny" to settle the land and
develop our vast mineral deposits. Portions of our land claims
were adjudicated and a financial settlement reached which resulted
in our members receiving per capita payments within the last two
decades. This was to legally end disputes over land taken wrongfully
by federal government and private entities from our Apache Nation.
Similar to these events are San Carlos Apache Water Rights which
are based on the 1908 United States Supreme Court decision in
Winters v. United States of America, 207 U.S. 564 (1908), establishing
the "Winters Doctrine." A majority of present day court
decisions involving Federally recognized "tribes" over
water rights are based on this court case. The Court established
in 1908 what is known as the "Winters Doctrine." It
found that an Indian reservation may reserve water for future
use in an amount necessary to fulfill their purpose with a priority
dating from the treaty, act of congress, or executive order that
established the reservation. In 1872 the executive order was created
to form what we know today as the San Carlos Apache Reservation.
Federal reserved claims differ from state law based claims in
that beneficial use of water and the perfecting of a water right
are not required. For example, federal rights are set aside, or
reserved, for use on the reservations regardless of whether the
water is put to beneficial use. The only stipulations are that
the water be utilized for the defined purpose of the reservation
and that it claims a priority date based upon the creation of
the reservation. Apache rights to waters used, developed or undeveloped
are protected under these court decisions.
Central Arizona Project water is being
used to replace waters taken or delegated from our present geographic
waterways (Gila River, Black River and Salt River). Since no water
can be returned in the San Carlos vicinity use of CAP water is
intended to replace water that physically can not be returned
in this region. Origin of claims settled using CAP water as payment
is from the surface and ground waters of the Apache people. Apache
rights to CAP or ground water here all originate from inherent
ancestral claims to land and water in the Gila River basin. In
addition to financial restitution we have been awarded a total
amount of acre-feet per year from CAP water, which is to help
replace waters taken from the San Carlos Apache.
What water rights do we hold as the
San Carlos Apache Nation? By a recent Department of the Interior's
definition we hold rights to the following when all agreements
are settled.
· Tribe waives claims to the
Salt River against the settling parties and the parties agree
the Tribe has a right to 7,300 acre feet from the Salt River with
a priority date of 1871. This makes the Tribe's Salt River water
rights senior to most non-Indian water rights on the Salt River.
· The parties agree the Tribe has the exclusive rights
to all surface flow in the on-reservation tributaries to the Salt
River and all the ground water underneath the reservation.
· The Tribe will receive a Tribal Development Trust Fund
for on-reservation economic development. The original contributions
were $3 million from Arizona and $38.4 million from the United
States. Because of interest, these amounts have increased to $58
million.
· The Tribe will receive additional Central Arizona Project
(CAP) water allocations totaling about 48,000-acre feet.
· In additional, the United States reaffirms its commitment
to build distribution facilities to allow the Tribe to use the
12,700-acre feet of CAP water it currently has under contract.
· Parties to the Agreement: United States of America; the
State of Arizona; the San Carlos Apache Tribe; the Salt River
Project Agricultural Improvement and Power District; the Salt
River Valley Water Users' Association; the Roosevelt Water Conservation
District; the Buckeye Irrigation Company; the Buckeye Water Conservation
and Drainage District; Gilbert, and the Central Arizona Water
Conservation District.
Water to the Apache's in 2000 and beyond
will be the deciding factor of our economic progress. What type
of development will take place in San Carlos will be determined
by how much water we have to work with. The prospects of, either
Mining, Agricultural or some Manufacturing development will rely
heavily upon water resources the Apache Nation holds. Part of
the Federal government's intent in settling water disputes in
addition to finalizing agreements are to help ensure the economic
development of Native Nations. All leases pertaining to our water
will directly effect the future growth of the San Carlos Apache
Nation. The most precious resource in desert regions and vital
to all growth is water. Water leased or sold now with out long
range planning of developmental needs will hinder later efforts
to expand. We should all be concerned and involved as our time
is now.
Could the water be used to a greater
benefit than leasing the annual use of water? Gila River when
the time came to selling water rights declined opting to use all
waters for development and gain the greatest economic uses from
it's settlements. Has the San Carlos Apache Tribal Council looked
at development? Without knowing what level of impact the water
leases will have it is difficult to think anyone could make an
accurate decision regarding long term agreements.
It is said water rights are not being
sold. Correct, however the rights are leased giving the Cities
of Carefree and Scottsdale leaseholder status and rights to use
up to 14,100-acre feet per year for a contract period of 100 years.
Tribal Resolution No. MR-99-044 and MR-99-044 await final BIA
approval to finalize the leases. With a lease the Cities have
purchased the use of water for 100-years at a price of $1,203.00
per acre-foot. Scottsdale is to receive up to 12,500-acre feet
per year and Carefree up to 1,600-acre feet per year over the
100-year agreement. Both Cities must pay half the total lease
agreement amounts on the signing of such lease agreements. Within
two leases water sold in specified contract period are estimated
at 1,410,000-acre feet for an approximated total of $1,696,230,000
half of which the Tribe would receive upon final lease agreement
signings.
The Tribe's desperate financial needs
stemming from over spending and evident by the 20% cuts in Tribal
funded programs continues. Will the Tribal Council restructure
our Finance Department to have more checks and balances? Many
promises were made to change the ailing Tribal system, which brought
the San Carlos Apache Tribe to High Risk Status, by BIA. How will
present Tribal Government manage the Development Trust funds and
lease agreement payments? Will Tribal members wanting Private
Businesses be given access to funding? Will the San Carlos Apache
be given the right to vote on this development?
The rights exist in part through the countless lives lost and
Apache bands wiped out completely by the US Army and settlers
in defending our lands. We inherit the responsibilities of what
our ancestors fought and lived through to keep our land and culture
alive. From whom we descended, those that suffered genocide and
concentration camp conditions are the entities we owe the greatest
gratitude toward and no other. Indeed with such a price to pay
and several generations down from those that suffered nothing
should lesson the burdens of ensuring a proper water settlement
including the right of the San Carlos Apache Member to know the
how's, who's and what's of all water agreements. By constitutional
means members have rights to vote on such development that will
effect everyone's future, which to date have not been satisfied.
San Carlos Apache Constitution Article Five - Powers of the Council
paragraph (I): To regulate the uses and disposition of tribal
property and funds, provided, that any grant or lease of any portion
of Reservation for grazing purposes or relinquishment of any water
rights on the Reservation must be authorized by a two-thirds majority
of tribal votes cast in an election called by the council for
that purpose and, provided further, that the total vote cast shall
be not less than three fifths of the total eligible voters. Corporate
Charter of SCAT: Corporate Accounts, # 8: The Tribe shall maintain
accurate and complete accounts of the financial affairs of the
Tribe and shall furnish an annual balance sheet and report of
the financial affairs of the Tribe through the Tribal council
at a general meeting of the Tribe.
We must all question how wise a lease agreement that lasts beyond
anyone person's lifetime would be. What future will our Tribal
Government lead our people to, what vision do our elected leaders
have for our children. These questions are now being answered
by the decisions made for uses of our San Carlos Apache Water
Rights. The answers are being made now in your name for the next
100 years by the San Carlos Apache Tribal Council. The lives of
12,000 people and the next generations to come rest with only
a few, will they make the correct choices?
The water is indeed our Future.