But to use them, tribes often must negotiate settlements that need federal approval.
Many tribal nations are currently asserting those rights as a way to ensure economic vitality, affirm sovereignty and provide basic services that some communities lack. In many places, however, Native water rights have yet to be quantified, making them difficult to enforce. Settlement is usually the preferred remedy; it’s cheaper, faster and less adversarial than a lawsuit, and can include funding for things like pipelines or treatment plants.