Water rights: a transformative perspective on water rights and indigenous peoples

Indian water rights and Indian water settlements have emerged as a means for resolving long-standing despites and water rights claims. Working with and understanding water rights demands a genuine knowledge of water issues that are specific to each indigenous community as there are cultural aspects and perspectives towards water that are involved. The Gila River Indian Community is an indigenous community in south central Arizona, whose cultural and historic origins span over two millennia. Their foundation as a people was tied to the presence of the Gila and Salt Rivers, from which they freely diverted its waters through hundreds of miles of hand-dug canals, to transform the Sonoran desert into a desert oasis. There is a historical progression of this Community's water rights from when water was abundant to the time it was scarce, leading to an outright denial of a livelihood where water and farming was central to their way of life. A water rights settlement was an option that was pursued because it offered a chance for the Community to see the return of their water. The 2004 Gila River Indian Community Water Rights Settlement has been recognized as the largest Indian water rights settlement in United States history and serves as a model for future water settlements. The success of Indian water settlements in the United States has the potential, under the right political and legal conditions, to be replicated in other areas of the world where water resources are under dispute and water rights have come into conflict between indigenous and non-indigenous users.