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March 21, 2024
Department of the Interior Support for Tribal Water Projects
Congress regulates tribal affairs, including tribal access to
19 settlements. Another 20 settlements are currently in the
water resources, pursuant to its constitutional authority. In
negotiation phase.
addition, the federal government has a federal trust
responsibility to protect tribal treaty rights, lands, assets,
The federal government, through congressional authorizing
and water resources on behalf of federally recognized
legislation and in concert with tribal stakeholders, has been
Tribes (hereinafter Tribes) and tribal members. The federal
directed to implement various activities and infrastructure
government supports water projects and activities for Tribes
specific to (and deemed appropriate for) individual IWRS.
through multiple agencies and programs, including the
This includes funding and support for major water storage
Bureau of Reclamation (BOR) and the Bureau of Indian
and conveyance infrastructure, groundwater management,
Affairs (BIA) in the Department of the Interior (DOI). This
irrigation projects, and municipal water systems, among
In Focus discusses major DOI efforts to support tribal water
other things. Congress also has approved funding for the
projects, including Indian water rights settlements (IWRS),
ongoing operations and maintenance of some tribal water
Indian irrigation projects, and rural water projects.
systems.
Indian Water Rights Settlements
In authorizing legislation Congress has in some cases
Dating to a 1908 Supreme Court ruling (Winters v. United
included permanent (mandatory) funding for selected
States, 207 U.S. 564, 575-77), courts generally have held
activities and projects associated with individual
that many Tribes have a reserved right to water sufficient to
settlements. Congress also has approved broader mandatory
fulfill the purpose of their reservations and that this right
funds available to fund enacted IWRS, subject to specific
took effect on the date the reservations were established.
criteria. Major mandatory funding sources for IWRS are
This means that, in the context of a state water law system
depicted below in Figure 1. The Reclamation Water
of prior appropriation (common in many U.S. western
Settlements Fund (enacted in 2010 in P.L. 111-11), is
states), many Tribes have priority water rights over those of
available to fund certain priority IWRS, and the Indian
non-Indian users with water rights and access established
Water Rights Settlement Completion Fund (P.L. 117-58) is
subsequent to the Indian reservations’ creation. Although
available to fund all settlements approved as of the date of
many Tribes hold senior water rights through their
that bill’s enactment (November 2021).
reservations, the quantification of these rights in many
cases remains undetermined and subject to state legal
Figure 1. Mandatory Funding for Indian Water Rights
processes.
Settlements
($ in millions)
IWRS are a means of dispute resolution that allow Tribes to
quantify their unresolved water rights, while also procuring
access to water through infrastructure and other related
expenses. In exchange, non-tribal users gain assurances
related to water rights and potential litigation.
The federal government, through the Secretary of the
Interior’s Indian Water Rights Office, takes a leadership
role in coordinating the negotiation and implementation of
individual settlements. In addition to Tribes and federal
government representatives, settlement negotiations may
involve states, water districts, and private water users (i.e.,
Source: Congressional Research Service.
water rights holders), among others. Although IWRS are a
Federal funding outside of these sources is typically
popular approach to solving Indian water rights disputes,
provided through annual discretionary appropriations for
disagreements may arise regarding specific compromises in
the BOR or BIA. For example, BIA’s Indian Land and
individual settlements that are deemed unacceptable by one
Water Claim Settlements and Miscellaneous Payments to
or more parties.
Indians (ILWC) account includes funding to implement
IWRS. The BOR also funds individual settlements through
Approval and implementation of IWRS typically require
discretionary funding for its Water and Related Resources
federal action—often in the form of congressional approval
Account. For more information, see CRS Report R44148,
in enacting legislation. As of early 2024, Congress had
Indian Water Rights Settlements, by Charles V. Stern; and
enacted 35 such settlements. Of these, the federal
CRS Report R47723, Bureau of Indian Affairs: Overview of
government currently has an active implementation role in
Budget Issues and Options for Congress, by Mariel J.
Murray.
https://crsreports.congress.gov
Department of the Interior Support for Tribal Water Projects
BIA Tribal Water and Indian Irrigation
continues to construct authorized rural water projects and to
The Snyder Act of 1921 authorized BIA to operate
provide O&M assistance for tribal components. For more
programs and spend federal funds for the benefit and
information, see CRS Report R46308, Bureau of
assistance of Tribes and tribal members, including water
Reclamation Rural Water Projects, by Anna E. Normand.
resources. The act specifically directed BIA to operate and
spend funds for the extension, improvement, operation, and
Section 50231 of the Inflation Reduction Act (IRA; P.L.
maintenance of existing tribal agricultural irrigation
117-169) contained $550 million, available through
systems, as well as providing for the development of tribal
FY2031, for BOR to provide up to 100% of the cost for the
water supplies. BIA’s Water Resources Program helps
planning, design, and construction of water projects where
Tribes protect and manage tribal water resources. For
the primary purpose is to provide domestic water supplies
example, BIA performs technical studies to help Tribes
to disadvantaged communities or households. Using this
gather hydrology data and develop best practices for water
authority, BOR anticipates awarding funding to certain
use. In addition, BIA helps Tribes create drought
eligible tribal WaterSMART grants without the typical 50%
management plans that include water conservation
nonfederal cost-share requirement. For more information,
techniques and undertake projects to support Indian water
see CRS In Focus IF12437, Bureau of Reclamation
rights.
Funding in the Inflation Reduction Act (P.L. 117-169), by
Charles V. Stern and Anna E. Normand.
Since the late 1800s, DOI has provided irrigation for tribal
lands through the Indian Irrigation Service. Most Indian
BOR also operates a Native American Affairs Technical
irrigation construction activities ended in the 1940s, when
Assistance Program that, among other things, helps Tribes
the Indian Irrigation Service ceased to exist and DOI
develop, manage and protect their water and related
transferred project operation and maintenance to BIA. BIA
resources. Program activities include assisting Tribes to
currently has 15 irrigation projects across 780,000 acres in
better understand their water-related needs and to develop
10 western states, mostly on tribal reservations. These
water resources on Indian reservations through traditional
projects serve 25,000 tribal and non-tribal water users.
and innovative technologies. These funds are made
available through contracts, financial assistance
Congress funds BIA’s Water Resources Program and
agreements, or direct services.
Indian irrigation facilities within BIA’s Operation of Indian
Programs (OIP) account, in annual discretionary
Issues for Congress
appropriations acts for the Department of the Interior,
The 118th Congress may continue to express interest in
Environment, and Related Agencies. Congress also has
tribal water resource issues, including through legislation
provided supplemental appropriations for these activities.
and oversight of BIA’s water resources, irrigation, and dam
For example, the Infrastructure Investment and Jobs Act
programs and funding for these programs. Congress also
(IIJA; P.L. 117-58) provided $250 million over five years
may consider authorization, funding, and oversight efforts
to the BIA Construction account, including at least $50
for various other related water resource activities (e.g.,
million to address irrigation and power systems and $200
implementation of ongoing Indian water rights settlements),
million to address safety of dams, water sanitation, and
as well as any issues related to the implementation and
other facilities.
oversight of recent additional funding legislation, such as
that provided in the IIJA.
In addition, the Water Infrastructure Improvements for the
Nation Act of 2016 (P.L. 114-332), as amended, established
In addition to oversight and funding of ongoing tribal water
an Indian Irrigation Fund to repair, replace, modernize, or
resources activities, Congress may consider proposals to
perform maintenance on certain Indian irrigation projects.
increase tribal participation in water infrastructure financial
The act, as amended, directed the Department of the
assistance programs. Tribal representatives have asserted
Treasury to deposit $35 million in the fund each fiscal year
that high cost-share requirements of several tribal water
through FY2028.
infrastructure programs create a barrier to entry. This issue
could involve proposals to alter the cost-share requirements
Other BOR Programs: Rural Water,
for Tribes for broader water resources programs, such as
Disadvantaged Community Domestic
Reclamation’s WaterSMART grant program. The 118th
Water Supply, and Technical Assistance
Congress also may consider new Indian water rights
Since 1980, Congress has authorized BOR to undertake the
settlements for individual Tribes, some of which have been
design and construction, and sometimes the operations and
introduced but not enacted. The related issue of extending
maintenance (O&M), of specific rural water supply
mandatory funding mechanisms for existing settlements
projects intended to deliver potable water supplies to rural
(e.g., the Reclamation Water Settlements Fund) and/or
communities in western states, largely in North Dakota,
authorizing such mechanisms for newly enacted settlements
South Dakota, Montana, and New Mexico. These projects
also may be of interest to Congress.
serve tribal reservations and nontribal rural communities
with nonexistent, substandard, or declining water supply or
Charles V. Stern, Specialist in Natural Resources Policy
water quality. The federal government pays up to 100% of
Mariel J. Murray, Specialist in Natural Resources Policy
the costs for tribal rural water supply projects, including
Anna E. Normand, Specialist in Natural Resources Policy
O&M. Five BOR rural water projects or their components
benefit tribal communities. Utilizing annual appropriations
IF12616
and $1 billion from the IIJA for rural water projects, BOR
https://crsreports.congress.gov
Department of the Interior Support for Tribal Water Projects
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