Intergovernmental Conflict and Indian Water Rights: An Assessment of Negotiated Settlements

The states and Indian tribes have fought bitterly over water rights for nearly a century. Most of this conflict took place in courtrooms, but in recent years, states and tribes have been attempting to resolve their differences through negotiated water settlements. This article utilizes the literature and theory on alternative dispute resolution to identify six advantages that are expected to accrue from negotiations. It then assesses the extent to which Indian water settlements have produced these results.