Unpacking the policy outcome tendencies of US negotiated water settlements
By: Glen Krutz
Abstract:
Since the 1970s, negotiated settlements have become the popular method for forging agreement on water provision in the American West between Native American Tribal Nations and Federal, state and local actors. Such settlements require a negotiation process between multiple actors and led by the US Department of the Interior, followed by codification into statute by both of houses of Congress and the president. As of late 2024, 35 negotiated water settlements had been completed and implemented in this manner (. Indian Water Rights Settlements, CRS report to Congress. Washington, DC: Library of Congress). In this paper, I plumb the central tendencies of all 35 completed agreements to see which factors inform their usage and how such factors vary across agreements and over time.