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JUNE 19, 2000

Update 11:30AM EST:
The Supreme Court issued their ruling today. In a 6-3 vote, the Court ruled the Quechan Nation are entitled to seek additional rights on the Colorado River. The Special Master will look into the claims of the tribe on 25,000 acres of land and make a recommendation on how much additional water the tribe would need. Chief Justice William H Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas dissented.

A long legal battle between the states of Arizona and California may end when the Supreme Court finally rules on the water rights of the Quechan Nation on the Fort Yuma Reservation in Arizona.

In April, the Court heard arguments on whether or not the tribe has rights to an additional percentage of the already over-allocated Colorado River. Their ruling on Arizona v. California is expected shortly.

The Court's ruling won't decide which party gets what water. They instead will rule if the tribe's claim gets consideration at all by Frank McGarr, the Court's Special Master.

In 1999, McGarr ruled the tribe had no additional rights to water for its 45,000 acre reservation, due to a 1983 settlement in which the US paid $15 million to the tribe for irrigation canals which were never constructed. The tribe filed an appeal to that ruling, with the US acting as trustee.

The tribe believes their Treaty of 1893 promises them enough water to irrigate their land for agricultural purposes. But the two states say additional use by the tribe will exacerbate water problems in their respective states.

Like many water disputes between states in the West, the current case depends on the rights of a tribe. The historic Winters decision of 1908 ruled that water usage on the reservation is to be considered before the rights of others.

Naturally, states have fought tooth and nail over the precious commodity. The dispute before the Court in this case is 48 years old, initiated when Arizona sued California in 1952.

But this time, the two states are on the same side as they battle the rights of the tribe to any more water. A ruling in the tribe's favor is significant and would affect communities from Phoenix to Los Angeles.

Staff and news wires contributed to this report.

Get Today's Ruling Arizona v. California 8:
Syllabus | Opinion | Dissent
States' objections overruled, US as trustee of tribe sustained. Special Master will make recommendations on additional water rights.

Relevant Links:
The Supreme Court of the United States

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Indian Law and the Environment - Water rights.