The federal government has entered into 39 water rights settlements with Indian Tribes since 1978, the primary issue of which is quantification. The legal basis of the quantification and settlement of these rights is the Winters doctrine. Established by the Supreme Court in 1908, the doctrine recognizes that when Congress reserves land by creating an Indian reservation, it implicitly reserves water sufficient to fulfill the reservation’s purpose. On June 22, 2023, however, the Supreme Court held in Arizona v. Navajo Nation that the U.S. did not have an “affirmative duty” under treaty or its trust obligation to identify and account for Navajo Nation water rights in the Colorado River. This presentation will examine the status of federal water rights quantification, including ongoing litigation and settlements in Indian Country, the law and trust obligations of the federal government toward Tribes relating to water rights, and whether the Navajo Nation case should be regarded as narrowing the Winters doctrine or as limited to the facts of the case.
Video presentation from the 70th Annual Natural Resources and Energy Law Institute.
1 CLE Credit – Approval ID:
CO ID - 849637
This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.
ETHEL BRANCH was appointed by President Nygren as the 13th Attorney General of the Navajo Nation. Ethel is Bįįh Bitoodnii (Deer Springs Clan) born for the Naakai (Mexican People). She was born in Tuba City (Navajo Nation) and was raised on her family’s ranch 10 miles south of Leupp (Navajo Nation). She previously served as the Navajo Nation’s 11th Attorney General. Most recently Ethel Co-Founded and served as the Executive Director of Yee Ha’ólníi Doo, which does business as the Navajo & Hopi Families COVID-19 Relief Fund. In March 2020 she mobilized a crowdfunding effort to bring COVID relief to Navajo and Hopi reservation-based families. Ethel was recognized as one of the 7 unsung heroes of the pandemic by Bill Gates. As the Navajo Nation's 11th Attorney General, Ethel has worked on a broad range of issues that impact Indian Nations. Before becoming the Nation's 11th Attorney General, Ethel worked for a private law firm representing Indigenous Nations in sovereign-to-sovereign negotiations and high stakes litigation. Before that she worked in Tribal finance and served as bond counsel to the Navajo Nation. Ethel also worked to advance Indigenous human rights in the United States through her work for a legal non-profit and in her role as Co-Chair of the Seattle Human Rights Commission.
CANDACE FRENCH is an Attorney at Sacks Tierney P.A., in Scottsdale, Arizona. She has more than fifteen years of experience working in Tribal communities and has dedicated her legal career to serving Indian Country. Originally from Anadarko, Oklahoma, Candace is an enrolled member of the Wichita and Affiliated Tribes and is of Navajo, Comanche, and Blackfeet descent. Before joining Sacks Tierney, Candace worked for the Navajo Nation Office of Legislative Counsel where she provided legal representation to the 24-member Navajo Nation Council, standing committees, and other programs within the legislative branch. Candace is part of the team that serves as litigation counsel for the Navajo Nation in the Arizona General Stream Adjudication for the Little Colorado River System and Source. She has participated in engagements for Tribal clients involving long-term care, economic development, and sovereignty. Admitted to practice in Arizona and the Navajo Nation, Candace is a member of the State Bar of Arizona Indian Law Section. Candace received her B.A. in Political Science and B.S. in American Indian Studies, an M.A. in Criminal Justice, and her J.D. with a certificate in Indian Law, all from Arizona State University.
JOHN B. WELDON JR. is a founding member of the Phoenix, Arizona law firm Salmon Lewis & Weldon. His practice focuses on water law, natural resources litigation, environmental law, Indian law, and electric power and utilities. John concentrates on the representation of the largest water users’ association in Arizona, and an agricultural improvement and power district, an Arizona municipality, environmental and natural resources related matters. He was one of the lead negotiators in resolving the water rights claims of the Salt River Pima-Maricopa Indian Community, the Fort McDowell Yavapai Nation, the San Carlos Apache Tribe, the Zuni Tribe, the Gila River Indian Community, the White Mountain Apache Tribe, and the Hualapai Tribe in Arizona. He has been included in Best Lawyers in America in Natural Resources Law, Water Law and Environmental Law every year since 1993, and he is a frequent author and speaker on Arizona water law and the Law of the Colorado River.
If available, this course will include materials (PowerPoints presentations and scholarly papers) authored by the speaker or speakers.
