A brief published by researchers at DWFI and the National Drought Mitigation Center (NDMC) highlights the complex intersection of water law, resource management and agricultural development across Tribal lands in the United States.
In the piece, “Agriculture and Water Rights on Tribal Lands in the United States,” co-authors Jude Cobbing and Renata Rimšaitė, both DWFI senior program managers, and Cody Knutson, NDMC planning coordinator, provide a legal and historical foundation of U.S. Tribal water rights, particularly the doctrine established by Winters v. United States. This ruling affirms that when reservations were created, sufficient water rights were implicitly reserved to fulfill the purposes of those lands. These rights are often senior to those established under state-based systems, meaning they carry significant legal weight. Unlike many state water rights governed by prior appropriation, Tribal rights are not forfeited through non-use, reinforcing their long-term security and importance.
In practice, that foundation has not always translated into reliable access. A significant share of Tribal water rights remains unquantified, leaving communities uncertain about how much water they can plan around. Even where rights are established, Tribes frequently face barriers to putting that water to use: aging or absent irrigation infrastructure, fragmented land ownership and limited capital constrain what is possible on the ground. The brief identifies these structural gaps as a central challenge for Tribal agricultural development.
Negotiated water rights settlements have emerged as a key mechanism for bridging that gap. By formally quantifying Tribal entitlements, settlements can unlock federal funding for irrigation infrastructure and, in some cases, enable Tribes to participate in water markets—including leasing and transfers—that generate additional revenue. The authors acknowledge the complexity of this path: settlements are time-intensive and sometimes contested, with concerns about provisions that may limit future claims or delay promised resources. The tradeoffs involved reflect broader questions about Tribal sovereignty that extend well beyond water policy.
The brief also draws attention to the resources and knowledge Tribes themselves bring to water management. Traditional ecological knowledge, developed through generations of observation and land stewardship, informs sustainable agricultural practices that emphasize community resilience and environmental balance. Tribes are integrating these perspectives and approaches with emerging tools, including efficient irrigation technologies, water banking and dry-year leasing strategies, to manage water scarcity and adapt to growing weather variability.
Together, these findings point to an emerging picture of tribal agricultural water use defined by both significant obstacles and genuine strengths. The authors note that strengthening agriculture on Tribal lands may require ongoing infrastructure investment and policies that align with Tribal priorities and governance approaches.
This brief contributes to a growing body of DWFI research focused on the intersection of water policy, governance and food security. It underscores the institute's commitment to research that reflects the full complexity of water challenges facing communities both across the United States and around the world.
The work was supported in part by the U.S. Department of Agriculture (USDA), Office of the Chief Economist (OCE). The findings and conclusions in this publication are those of the authors and should not be construed to represent any official USDA or U.S. Government determination or policy.
