Yá’át’ééh, and welcome to The Headwaters Report – a new digital blog site, bulletin, and source for Tribal water law information and resources. The Headwaters Report is a product of NARF’s Tribal Water Institute (TWI), a project launched in early 2024 to increase the capacity of NARF and Tribal Nations to engage in water law issues and water policy reform. Every Tribal Nation should have free access to information necessary to advocate for and protect its water resources. Through The Headwaters Report, we intend to provide that to Indian Country.
The Headwaters Report presents accessible information on foundational Tribal water law concepts and practices as well as current and emerging water-related issues. The Report presents several information themes:
- Topical Articles: monthly articles, interviews, or other materials on water issues important to Tribal Nations;
- Current Law and Policy: relevant federal and state court cases, legislative activities, agency programs, and funding opportunities; and
- General Tribal Water Law: informational slide decks on the basics of Tribal water issues, and a resource page with public articles and books, many accessible for free through the National Indian Law Library .
For our first post, we are excited to share an article focusing on the Clean Water Act, a 50-year-old law that, among other things, allows Tribes to assert regulatory jurisdiction over water quality and activities that impact water quality within reservation boundaries. The article, written by TWI Legal Fellow Ashley Anderson (Cherokee, UCLA Law 2024), describes the various Clean Water Act programs that Tribal Nations can administer and provides commentary on why Tribes may consider taking on that regulatory responsibility. In our next Report update, we plan to address the changes the Trump Administration is attempting to make to the Clean Water Act and how that may affect Tribal Nations.
In the Report you will also find several slide decks on Tribal water rights information, including one on the basics of Tribal water rights, general stream adjudications, and Indian water rights settlements. We intend The Headwaters Report to act not only as a clearinghouse for Tribal water law and policy information, but as a place to bring questions and to get guidance. While the materials in the Report are not legal advice from NARF, those needing additional support may contact NARF attorneys through this site and our email address, water@narf.org.
Finally, the Report is named after the visionary water law book late-NARF attorneys David Getches and Charles Wilkinson helped author, Searching Out the Headwaters. The book described the social origins of western water law and critically examined whether those origins – the headwaters – continue to be relevant and whether they should adapt to contemporary needs. NARF continues to engage in this reflective discourse to develop the field of Indian law in all our issue areas.
Please be in touch if you have questions, would like to contribute content, or have ideas on how we can better serve Indian Country.
Ahéhee’ for visiting The Headwaters Report!
Daniel Cordalis
NARF Staff Attorney
| About the Tribal Water Institute (TWI) NARF’s TWI trains early-career attorneys in Tribal water law issues, develops policy and legal reform concepts, helps educate Indian Country on water law and policy, and increases collaboration among NARF, Tribal Nations, academic institutions, non-governmental organizations (NGO), federal and state governments, and other entities to further the water priorities of Tribal Nations. Through generous contributions from funders – The Walton Family Foundation, William + Flora Hewlett Foundation, Conscience Bay Research, 11th Hour Project, Gates Family Foundation, and the Water Foundation – NARF obtained full funding for the initial three-year project during the summer of 2024. Over the last year, NARF hired two staff attorneys and four legal fellows who work exclusively on Tribal water issues. TWI’s new hiring substantially expanded our existing water attorney staffing, making NARF the most well-staffed Tribal water law practice in the United States. As a result, NARF has more than doubled its water case work, increased its collaboration with other partners in new issue areas, and is engaging on many legal and policy fronts to support Indian Country. If you are interested in financially supporting the TWI, please contact us at water@narf.org. |
