Podcast
Questions and Answers
What is the primary source of life for the Colorado River Indian Tribes?
What is the primary source of life for the Colorado River Indian Tribes?
What has been the outcome of CRIT's legal efforts regarding artifacts?
What has been the outcome of CRIT's legal efforts regarding artifacts?
What is the purpose of the film 'Beyond All Boundaries'?
What is the purpose of the film 'Beyond All Boundaries'?
Why are CRIT's water rights more important to uphold now than before?
Why are CRIT's water rights more important to uphold now than before?
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What has been the approach of CRIT's current leaders in dealing with outside entities?
What has been the approach of CRIT's current leaders in dealing with outside entities?
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What has been the outcome of CRIT's efforts to reclaim artifacts?
What has been the outcome of CRIT's efforts to reclaim artifacts?
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What is the historical context of CRIT's fight for its rights?
What is the historical context of CRIT's fight for its rights?
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What is the primary contention of the Navajo Nation in the treaty?
What is the primary contention of the Navajo Nation in the treaty?
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What is the context of the 1868 treaty, according to Justice Neil Gorsuch?
What is the context of the 1868 treaty, according to Justice Neil Gorsuch?
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What is the concern of the court in relation to water allocation in the west?
What is the concern of the court in relation to water allocation in the west?
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What is the estimated amount of brackish water that Arizona sits on top of?
What is the estimated amount of brackish water that Arizona sits on top of?
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What is the reason for the decline in per capita water usage in Phoenix?
What is the reason for the decline in per capita water usage in Phoenix?
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What is the expected outcome of conservation efforts in the Lower Colorado Basin?
What is the expected outcome of conservation efforts in the Lower Colorado Basin?
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What is the biggest problem facing Arizona, according to Ross of New York University?
What is the biggest problem facing Arizona, according to Ross of New York University?
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What is the expected growth rate of the Sun Corridor region?
What is the expected growth rate of the Sun Corridor region?
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What is the requirement for developers in Arizona under state law?
What is the requirement for developers in Arizona under state law?
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What is the primary source of water for the Central Arizona Groundwater Replenishment District?
What is the primary source of water for the Central Arizona Groundwater Replenishment District?
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What is the expected impact of the withering of Arizona on the state's population?
What is the expected impact of the withering of Arizona on the state's population?
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What is the long-standing understanding of indigenous peoples in North America with regards to their physical environments?
What is the long-standing understanding of indigenous peoples in North America with regards to their physical environments?
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What is unique about the value and knowledge systems of indigenous communities?
What is unique about the value and knowledge systems of indigenous communities?
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What is one of the challenges that face indigenous people regarding the management of water?
What is one of the challenges that face indigenous people regarding the management of water?
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What is essential for external researchers seeking to work with indigenous peoples on water research or management?
What is essential for external researchers seeking to work with indigenous peoples on water research or management?
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What is a key aspect of indigenous cultural contexts?
What is a key aspect of indigenous cultural contexts?
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What is a crucial consideration for collaborative water management involving indigenous peoples?
What is a crucial consideration for collaborative water management involving indigenous peoples?
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What is a key aspect of indigenous governance models?
What is a key aspect of indigenous governance models?
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What is the significance of water in many indigenous cultures?
What is the significance of water in many indigenous cultures?
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What is the role of water in the creation story of Anishinaabe people?
What is the role of water in the creation story of Anishinaabe people?
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What is the approach of many indigenous people to their relationship with the environment?
What is the approach of many indigenous people to their relationship with the environment?
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What is the significance of water in Diné culture?
What is the significance of water in Diné culture?
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How do many indigenous people view their relationship with water?
How do many indigenous people view their relationship with water?
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What is the primary purpose of the guidelines developed by indigenous scholars for the use and integration of traditional knowledge into management planning efforts?
What is the primary purpose of the guidelines developed by indigenous scholars for the use and integration of traditional knowledge into management planning efforts?
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What is a key principle of engagement outlined in the guidelines for the use and integration of traditional knowledge?
What is a key principle of engagement outlined in the guidelines for the use and integration of traditional knowledge?
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What is the focus of the five case studies discussed in the context of engaging Southwestern tribes on water management and water topics?
What is the focus of the five case studies discussed in the context of engaging Southwestern tribes on water management and water topics?
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What is the significance of recognizing multiple knowledge systems in the context of environmental research and management?
What is the significance of recognizing multiple knowledge systems in the context of environmental research and management?
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What is the purpose of establishing an institutional interface between federal agencies and indigenous tribes in the context of environmental research and management?
What is the purpose of establishing an institutional interface between federal agencies and indigenous tribes in the context of environmental research and management?
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Study Notes
Supreme Court Ruling on Navajo Nation Water Rights
- In a 5-4 decision, the Supreme Court ruled against the Navajo Nation's request for a court order requiring the federal government to determine the Nation's water needs and devise a plan to meet those needs.
- The majority held that the 1868 Treaty of Bosque Redondo established no federal obligation to secure water for the Navajo Nation.
Treaty Interpretation
- The majority viewed Indian treaties as establishing rights to resources such as land, timber, minerals, and water, with each property right a "stick in the bundle of property rights that make up a reservation."
- This interpretation placed the burden on the Navajo Nation to show that the treaty explicitly required the United States to do more than merely recognize tribal water rights.
Navajo Nation's Argument
- The Nation argued that the 1868 treaty did more than establish bare property rights, establishing an ongoing relationship between the tribe and the United States.
- The Nation claimed that the treaty created a duty of protection, obligating the federal government to act to fulfill the purposes of the treaty.
Justice Gorsuch's Dissent
- Gorsuch argued that the court should have applied the canons of construing Indian treaties, which require interpreting treaty language as tribal treaty negotiators would have understood it.
- He emphasized the historical context of the 1868 treaty, which arose from the Long Walk in 1864, and noted that the treaty promised the Navajo Nation adequate resources, including water, to fulfill its purposes.
Climate Change and Water Allocation
- The decision was released amidst a severe drought in the desert southwest, and the court acknowledged that water allocation in the west is a zero-sum game.
- The majority noted that Congress has agreed to establish water infrastructure for the Navajo Nation, at a cost of billions of dollars.
Justice Thomas's Concurrence
- Thomas concurred with the majority opinion and suggested that the court revisit foundational principles of federal Indian law, including the canons of construction of Indian treaties.
The Hohokam Civilization
- Lived in the arid Southwest, now buried beneath modern-day Phoenix, Arizona, and its suburbs
- Characterized by farm fields irrigated by the Salt and Gila rivers with a sophisticated system of canals
- Only prehistoric culture in North America with such an advanced farming system
- Collapsed due to a 23-year drought in 1276, causing people to disperse across the landscape
Modern-Day Phoenix and Water Crisis
- Phoenix faces water scarcity due to drought and climate change
- City relies on Colorado River water, which is dwindling
- Water services director, Kathryn Sorensen, says Phoenix is prepared to cope with water scarcity
- City has alternative water supplies, but needs to build $500 million infrastructure to pipe it to northern parts of the city
- Phoenix may need water sooner than planned, with the possibility of hitting "dead pool" in four years
Water Conservation Efforts
- Phoenix has decoupled growth from water use, using the same amount of water as 20 years ago despite adding 400,000 more people
- City has increased water rates in summer to discourage water usage
- Per capita water usage has declined 30% over the last 20 years
- Phoenix recycles almost all wastewater, with most going to cool the Palo Verde Nuclear Power Plant
Arizona's Water Future
- Arizona has a unique system of underground water storage, with seven water banks storing 3.6 million acre-feet of water
- State has considered desalination of seawater, but it's energy-intensive and environmentally problematic
- Arizona sits on top of 600 million acre-feet of brackish water, which could be treated in the future
Growth and Climate Change
- Arizona's growth continues, with a new tech city emerging west of Phoenix
- The state is expected to double its population by 2040
- Climate change poses a significant threat to Arizona's water security, with impoverished communities likely to be affected the most
Indigenous Peoples' Relationship with Water
- Indigenous peoples in North America have a long history of understanding their societies as having an intimate relationship with their physical environments.
- Their cultures, traditions, and identities are based on the ecosystems and sacred places that shape their world.
Water in Indigenous Cultures
- Water is considered sacred and is part of religious and cultural practices for purification, prayers, and various ceremonies.
- Water is integrated with respect for the water as a living entity that gives life and supports the health, integrity, and character of an individual.
- In Diné culture, water is part of their identities and origin stories, with deities and clans named after water.
Indigenous Values and Knowledge Systems
- Indigenous people have unique value and knowledge systems that differ from the dominant United States settler society.
- These values and knowledge systems are based on their relationships with the environment and cosmos.
- Indigenous people believe that human and nonhuman individuals come from the earth and that harmony is dependent on being a steward of the natural environment.
Southwestern Tribes and Water Management
- There are 182 federally recognized tribes with tribal lands in the six states of the Southwestern United States.
- A group of indigenous scholars has developed guidelines for the use and integration of traditional knowledge into management planning efforts.
- The guidelines outline principles of engagement and protocols for engaging tribes when it relates to traditional knowledge and understanding the risks tribes face.
Guidelines for Engagement
- The eight guidelines are: (1) understand traditional knowledge, (2) know that tribes have a right not to participate, (3) communicate risks to tribes, (4) establish an institutional interface, (5) train federal agency on traditional knowledge, (6) establish specific directions to uphold TK protections, (7) recognize multiple knowledge systems, and (8) develop guidelines for review of grant proposals.
Case Studies
- Five case studies involving engaging Southwestern tribes on water management and water topics will be discussed.
- The case studies will cover the manner in which tribes were engaged, the effectiveness of engagement, and the desires and concerns resulting from the engagement of the tribe.
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