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APRIL 25, 2000

A long legal battle between the States of Arizona and California may end when the water rights of the Quechan tribe on the Fort Yuma Reservation in Arizona are fully quantified.

THE TRIBE'S CLAIM
Whether or not the tribe has rights to an additional percentage of the already over-allocated Colorado River will be heard by the Supreme Court today. The Court itself will not decide who gets what water, but instead will rule if the tribe's claim gets consideration by Special Master Frank McGarr.

Last year, McGarr ruled the tribe had no additional rights, due to a 1983 settlement in which the US paid $15 million to the tribe for irrigation canals that were never constructed. The tribe filed an appeal, with the US acting as trustee.

THE WILD WEST
Water rights in the West have resulted in various lawsuits between states and communities within states who fight tooth and nail over the precious commodity. The dispute in question is 48 years old. Similar suits, such as the Aamodt case in New Mexico are still in the courts after more than 30 years of dispute

The cases often depend on the water rights of tribes. Under the historic Winters decision of 1908, water usage on the reservation is to be considered before the rights of others.

WATER RIGHTS MYSTIFIED
Prior litigation in this dispute brought into use a term known as "practically irrigable acreage" or PIA. In 1963, the Supreme Court upheld reservation water rights under the Winters doctrine but said these rights must be quantified according to the amount of land which could be reasonably irrigated.

Naturally, PIA is subject to various interpretations, leading to further litigation between parties.

Both California and Arizona argue that additional water usage by the Quechan tribe will worsen water problems in their respective states.

The case is Arizona v. California, 8 Original.

Staff and news wires contributed to this report.

Relevant Links:
The Supreme Court of the United States

Related story:
Pueblo golf course raises water-rights issues (Tribal Law 4/19)

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Indian Law and the Environment - Water rights.