Abstract

In this paper, I examine conflicts over federally reserved rights to water for American Indian tribes through the lens of federal versus state power. U.S. Indian tribes have legal rights to surface water that date back to 1908 (U.S. v. Winters), yet in many instances these rights have gone unenforced, allowing water to be diverted elsewhere. In recent decades, tribes have been able to reclaim their "Winters" rights back through initiating costly processes. I contextualize within the legal and institutional history why and when tribes have initiated proceedings within the shifting balance of federal, state and tribal powers. Empirically, starting Winters proceedings is more likely when a tribe is located in an original "disclaimer" state, or in close proximity to historic BoR land. Federal funding can have positive or negative associations with settlement success depending on funding channel; and the longer negotiations persist, the lower the odds are of resolution.