Resolving Conflicts Between Tribal and State Regulatory Authority Over Water

Courts should recognize a presumption of exclusive Tribal regulatory authority over all on-reservation water resources. This approach safeguards Tribal health and welfare while providing sorely needed predictability to Tribal-state regulatory disputes over water. States can be confident that their interests will be adequately accounted for because Tribes have a proven track record of equitably regulating water resources, and there are plentiful opportunities for state-Tribal cooperation.