Journal of Political Institutions and Political Economy > Vol 5 > Issue 2

Bargaining in the Shadow of Prior Appropriation: Concessions and Trade-Offs in Native American Water Settlement Negotiations

Leslie Sanchez, USFS Rocky Mountain Research Station, USA, leslie.sanchez@usda.gov
 
Suggested Citation
Leslie Sanchez (2024), "Bargaining in the Shadow of Prior Appropriation: Concessions and Trade-Offs in Native American Water Settlement Negotiations", Journal of Political Institutions and Political Economy: Vol. 5: No. 2, pp 233-257. http://dx.doi.org/10.1561/113.00000100

Publication Date: 16 Oct 2024
© 2024 L. Sanchez
 
Subjects
Environmental economics,  Water,  Environmental politics
 
Keywords
Irrigation districtswaterIndigenous water rightsbargaining powerprior appropriation
 

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In this article:
Introduction 
Institutional Setting 
Methods 
Results 
Discussion 
References 

Abstract

Water use in the western United States remains highly concentrated in irrigated agriculture, primarily due to the “first in time, first in right” tenets of appropriative water law, which shield irrigators, as senior appropriators, from legal challenges to their water use. However, the relatively recent recognition of Native American tribes’ senior water rights poses a rare legal threat to irrigators, drawing them into negotiations that potentially diminish their water entitlements. This study examines the effects of bargaining power asymmetries on tribal water settlement outcomes to 61 irrigation districts across 11 negotiations. The bargaining power of an irrigation district is evaluated as its relative vulnerability to water shortage under prior appropriation law, representing its fallback position if tribes’ water claims were resolved in court. Findings indicate that as shortage risk increases relative to other districts, irrigation districts relinquish larger shares of their water rights, presumably to avoid litigation. Financial compensation obtained in exchange for relinquishing water rights is increasing with the political influence of a settlement act’s congressional sponsor and with water scarcity. Results underscore the importance of tribes’ legally enforceable senior water rights as an important mechanism that motivates settlements through water right reallocations. They also demonstrate how legal and political institutions shape bargaining outcomes.

DOI:10.1561/113.00000100

Online Appendix | 113.00000100_app.pdf

This is the article's accompanying appendix.

DOI: 10.1561/113.00000100_app

Companion

Journal of Political Institutions and Political Economy, Volume 5, Issue 2 Special Issue: The Political Economy of Native American Policy: Articles Overiew
See the other articles that are part of this special issue.