The ability to decisively benefit from ample sources of freshwater represents a pivotal challenge for American Indian nations and their self-determination in the western United States. Climate change, population growth, and capitalist pressures continue to escalate demand for water in an already dry land. This project set out to listen and add practical perspective to the importance of water as reflected in various forms of stories in the context of American Indian reserved water rights. It explores dynamic confluences and divergences of worldviews that influence American Indian nations' relationships with water in the present sociopolitical context. The integral relationship between literatures, laws, and tribal sovereignty constructs this study's theoretical framework as it broadens scholarship on this connection to include the implications of water rights. This approach leads to a critical, or perhaps "literary critical," background for examining two major water rights struggles in the western United States; the first being court decisions on the Wind River Indian Reservation, home of the Eastern Shoshone and Northern Arapaho Tribes, and secondly, the Klamath-Trinity Basin, where four federally recognized tribes recently partook in water rights settlement negotiations. Litigation and negotiations over vital water are presently limited to the minefield of ambiguous Western narratives on the values and uses of Indian water rights. While each conflict has its unique circumstances and personalities, EuroAmerican stories of control and superiority continue to justify the exploitation of water and subjugation of Indigenous human rights. Alternative forums might make room for restorying and more sustainably managing water.

Water resources are a crucial resource in a large proportion of economic activity, both in rural and urban areas and resource sharing has become an increasingly important concept to achieve equitable distribution of scarce resources which are social-ecological, socio-economic and political in their nature (Breen et al., 2003). Water scarcity and the increased demand from high value water users have decreased opportunities for increased stakeholder participation. The National Water Act of 1998 is part of environmental legislation promulgated to redress the historical inequitable access to natural resources. Previous studies (Versfeld, 2000; Schreiner and van Koppen, 2001; Armitage et al., 1999; van Wyk et al., 2006) have indicated that the current allocation mechanism of compulsory licensing, mainly in the agricultural sector, has not resulted in meaningful resource sharing or empowerment as agriculture does not seem to perform as well as other water use sectors in terms of provision of economic benefits. Within the context of striving for greater equity and empowerment (1) in resource sharing, the key issues of participatory governance of water resources in creating sustainable revenue from sharing water resources are evaluated in this study as a basis for the aim of investigating water trading as a suitable allocation mechanism to promote equitable water resource sharing. Resource sharing will “ultimately rest on negotiated trade-offs between resource users” (van Wyk et al., 2006:9) and there are therefore two considerations for achieving equity in water allocation: capacity through legislative means, and stakeholder perception of how access to resources can be beneficial, which will in turn “influence how human behaviour, and ultimately resource use patterns, evolve” (van Wyk et al., 2006:7). Traditionally, water has been allocated as a usufructuary resource in value chains, such as agriculture, forestry, mining and industry, in addition to fulfilling its function within the Reserve for ecological and basic human needs. Water thus becomes an integral part of a value chain which extends from allocation and conservation of water resources, through various production functions, culminating in the consumption and disposal functions associated with products created from use of water, in other words, a tradable economic commodity (Backeberg, 1997). The objectives which guide this research are focussed on understanding the dynamics of the water value chain and status of resource sharing, and whether water trading can promote empowerment through increased resource sharing and creation of benefits. The objectives are: I. Using value chain methods to understand the status of resource sharing in the Mhlatuze Catchment. II. Using a value chain method of analysis to identify constraints to empowerment of rural communities within the water sector, and identify how water trading as an allocation mechanism could provide potential solutions. III. Investigate the stakeholder perception of the suitability of water trading in promoting resource sharing through empowerment. Using the value chain methodology to understand the dynamics driving stakeholder participation and production functions, the resulting water sector map was used to identify flow of benefits and constraints in creating benefits from access to water. Further analysis of the value chain explored the possibility of enhancing governance through increasing subjective, objective and competency based capacity. Inductive qualitative research investigated the acceptance of water trading as an allocation mechanism which could improve empowerment in the context of resource sharing. This methodology could be replicated to investigate the potential of any resource allocation policy. Preliminary literature reviews revealed the Mhlatuze catchment as a suitable case study area as it is an over-allocated system (Versfeld, 2000; Pott et al., 2005) in which the compulsory licensing mechanism is being implemented. The majority of economic activity still takes place through commercial agriculture and industry in the middle and lower catchment, although demand for water exceeds supply within these groups of participants, whilst the majority of the population resides in the upper catchment. The sector map identified the status of the stakeholders and the extent to which they participated and interacted within the value chain. Semi-structured interviews were then conducted with previously identified participants selected from each of the main groups in the value chain to determine whether there was understanding of the empowerment possibilities presented by water trading as an allocation mechanism. The findings of the sector study showed that the rural poor communities were an integral part of the water value chain, although the status of creation of benefits was limited to those who had access to additional resources to create revenue from water use. Analysis of the value chain indicated that benefits could be created from water trading without having to increase the resource base, important in the context of scarce resources. In addition, the ability of poor communities to participate in the value chain through water trading, as opposed to traditional resource hungry production functions, has the potential to create meaningful empowerment in terms of improving the confidence, opportunity and capacity of these stakeholders to participate in creating benefits. The discussions with stakeholders indicated that water trading as an allocation mechanism would more likely lead to empowerment of previously disadvantaged communities whilst not adversely affecting current value chain actors by disenfranchising them of a necessary resource as could happen through compulsory re-allocation. (1) Empowerment in this dissertation is defined as procedures and legislation which improve access to, and use of, resources in order to create beneficial outcomes for the previously disadvantaged groups in South Africa. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

Thesis (M.S. - Hydrology and Water Resources)--University of Arizona, 1994. / Includes bibliographical references (leaves R1-R8).

Thesis (M.S.)--Dept. of Hydrology and Water Resources, University of Arizona, 1994. / Includes bibliographical references (leaves R1-R8).

Thesis (Ph.D.) -- Mississippi State University. Department of Political Science and Public Administration. / Title from title screen. Includes bibliographical references.

Os reservatórios se constituem numa das principais formas estabelecidas pelo homem de modificar o ciclo hidrológico ao armazenar água para sua utilização no futuro. Em algumas regiões do país este mecanismo é de fundamental importância para o atendimento das demandas consultivas, seja pelas condições adversas do clima, como é o caso do semiárido nordestino, como também em função da alta demanda de água requerida para o atendimento da irrigação, como ocorre em algumas áreas do Rio Grande do Sul. Este trabalho apresenta uma metodologia de balanço hídrico em rios e reservatórios de pequeno porte, cujo foco é o atendimento aos instrumentos da Política Nacional de Recursos Hídricos, como a outorga de direito de recursos hídricos e as políticas de planejamento. A metodologia está baseada na integração entre o modelo hidrológico chuva-vazão MGB-IPH como recurso para obtenção das séries afluentes de cada reservatório e trecho de rio do sistema hídrico. Associado ao modelo hidrológico, está a integração com os Sistemas de Informações Geográficas, que possuem a vantagem de obtenção das características físicas da bacia de forma automática, facilitando também a associação com os objetos que representam o sistema hídrico (i.e. demandas e reservatórios). O modelo de simulação realiza a contabilização do movimento de água através de um sistema de reservatórios e trechos de rio, cuja progressão de cálculo é realizada de montante para jusante. Como técnica de otimização, foi utilizado o algoritmo SCE-UA, baseado na teoria dos algoritmos evolucionários. A metodologia desenvolvida foi aplicada na Bacia do Rio Quaraí, caracterizada pelo intenso uso da água para o atendimento das demandas da irrigação, e também pelo estabelecimento de centenas de pequenas estruturas de reservação de água, destinadas ao abastecimento destas demandas. Os resultados indicaram que não há água suficiente para o atendimento das demandas da irrigação em 100% do tempo. Em média, apenas 75% do volume total de água requerido para o atendimento das demandas atuais poderia ser atendido, considerando o período simulado de 20 anos. Nos anos mais críticos pode ocorrer o esgotamento do curso principal do Quaraí e outros locais, decorrência das retiradas de água, além do efeito da reservação de água pelos açudes, pois admitiu-se a hipótese de não existirem descarregadores de fundo nessas estruturas. Como alternativas para a gestão da água na bacia, apontam-se a definição de critérios de outorga para retiradas e liberação de água em reservatórios, além de implementação de novas estruturas de reservação e regularização. / Reservoirs are the most important form established by the man to modify the hydrological cycle to store water for use in the future. In some regions of Brazil this mechanism is crucial to meet the advisory needs, either by adverse weather conditions, such as the semi-arid northeast, but also due to the high demand of water required to meet the irrigation, as occurs in some areas of Rio Grande do Sul. This work presents a methodology of water balance in rivers and small reservoirs, whose focus is to achieve the goals of the instruments of the National Water Resources Policy, as the water rights and the planning policies. The methodology is based on the integration between the hydrological rainfall-runoff model MGB-IPH as a resource for obtaining streamflow series from upstreams of each reservoir and for all sub-watershed defined on the water system. Associated with the hydrological model is the integration with Geographic Information Systems, which have the advantage of obtaining the physical characteristics of the basin automatically, it also facilitates association with objects that represent the water system (i.e. demands and reservoirs). The simulation model performs accounting for the movement of water through a system of reservoirs and river stretches whose progression calculation is performed from upstream to downstream. As optimization technique, the SCE-UA algorithm, based on the theory of evolutionary algorithms was used. The procedure was applied in the Quaraí River Basin, characterized by intense use of water to meet the irrigation demands, and also by the establishment of hundreds of small structures reservation of water, destined to supply these demands. The results indicated that there is not water enough to meet the demands of irrigation at 100% of the time. On average, only 75% of the total volume of water required to meet the current demands could be met, considering the simulated period of 20 years. In the most critical years can occur exhaustion of the main course of the Quaraí and other sites, due to withdrawals plus the effect of the reservation by dams, it admitted the hypothesis that there are no releases in this structures. As alternatives to water management in the basin, point the definition of licensing criteria for withdrawals and releases in dams, as well as implementing new reservoir with regularization structures.

abstract: Natural resources management is a pressing issue for Native American nations and communities. More than ever before, tribal officials sit at the decision-making tables with federal and state officials as well as non-governmental natural resource stakeholders. This, however, has not always been the case. This dissertation focuses on tribal activism to demonstrate how and why tribal sovereignty, self-determination, and treaty rights protection are tied closely to contemporary environmental issues and natural resources management. With the Klamath Tribes of southern Oregon as a case study, this dissertation analyzes how a tribal nation garnered a political position in which it could both indirectly influence and directly orchestrate natural resource management within and outside of its sovereign boundaries. The Klamath Tribes experienced the devastating termination policy in the 1950s. Termination stripped them of their federal status as an Indian tribe, the government services offered to recognized tribes, and their 1.2-million-acre reservation. Despite this horrific event, the Klamaths emerged by the 2000s as leading natural resource stakeholders in the Klamath River Watershed, a region ten times larger than their former reservation. The Klamaths used tools, such as their treaty and water rights, and employed careful political, legal, and social tactics. For example, they litigated, appropriated science, participated in democratic national environmental policy processes, and developed a lexicon. They also negotiated and established alliances with non-governmental stakeholders in order to refocus watershed management toward a holistic approach that promoted ecological restoration. This study applies spatial theory and an ethnohistorical approach to show how traditional values drove the Klamaths’ contemporary activism. From their perspective, healing the land would heal the people. The Klamaths’ history illuminates the active roles that tribes have had in the institutionalization of the federal self-determination policy as federal agencies resisted recognizing tribes and working with them in government-to-government relationships. Through their efforts to weave their interests into natural resource management with state, federal, and non-governmental stakeholders, the Klamaths took part in a much larger historical trend, the increased pluralization of American society. / Dissertation/Thesis / Doctoral Dissertation History 2015

Os reservatórios se constituem numa das principais formas estabelecidas pelo homem de modificar o ciclo hidrológico ao armazenar água para sua utilização no futuro. Em algumas regiões do país este mecanismo é de fundamental importância para o atendimento das demandas consultivas, seja pelas condições adversas do clima, como é o caso do semiárido nordestino, como também em função da alta demanda de água requerida para o atendimento da irrigação, como ocorre em algumas áreas do Rio Grande do Sul. Este trabalho apresenta uma metodologia de balanço hídrico em rios e reservatórios de pequeno porte, cujo foco é o atendimento aos instrumentos da Política Nacional de Recursos Hídricos, como a outorga de direito de recursos hídricos e as políticas de planejamento. A metodologia está baseada na integração entre o modelo hidrológico chuva-vazão MGB-IPH como recurso para obtenção das séries afluentes de cada reservatório e trecho de rio do sistema hídrico. Associado ao modelo hidrológico, está a integração com os Sistemas de Informações Geográficas, que possuem a vantagem de obtenção das características físicas da bacia de forma automática, facilitando também a associação com os objetos que representam o sistema hídrico (i.e. demandas e reservatórios). O modelo de simulação realiza a contabilização do movimento de água através de um sistema de reservatórios e trechos de rio, cuja progressão de cálculo é realizada de montante para jusante. Como técnica de otimização, foi utilizado o algoritmo SCE-UA, baseado na teoria dos algoritmos evolucionários. A metodologia desenvolvida foi aplicada na Bacia do Rio Quaraí, caracterizada pelo intenso uso da água para o atendimento das demandas da irrigação, e também pelo estabelecimento de centenas de pequenas estruturas de reservação de água, destinadas ao abastecimento destas demandas. Os resultados indicaram que não há água suficiente para o atendimento das demandas da irrigação em 100% do tempo. Em média, apenas 75% do volume total de água requerido para o atendimento das demandas atuais poderia ser atendido, considerando o período simulado de 20 anos. Nos anos mais críticos pode ocorrer o esgotamento do curso principal do Quaraí e outros locais, decorrência das retiradas de água, além do efeito da reservação de água pelos açudes, pois admitiu-se a hipótese de não existirem descarregadores de fundo nessas estruturas. Como alternativas para a gestão da água na bacia, apontam-se a definição de critérios de outorga para retiradas e liberação de água em reservatórios, além de implementação de novas estruturas de reservação e regularização. / Reservoirs are the most important form established by the man to modify the hydrological cycle to store water for use in the future. In some regions of Brazil this mechanism is crucial to meet the advisory needs, either by adverse weather conditions, such as the semi-arid northeast, but also due to the high demand of water required to meet the irrigation, as occurs in some areas of Rio Grande do Sul. This work presents a methodology of water balance in rivers and small reservoirs, whose focus is to achieve the goals of the instruments of the National Water Resources Policy, as the water rights and the planning policies. The methodology is based on the integration between the hydrological rainfall-runoff model MGB-IPH as a resource for obtaining streamflow series from upstreams of each reservoir and for all sub-watershed defined on the water system. Associated with the hydrological model is the integration with Geographic Information Systems, which have the advantage of obtaining the physical characteristics of the basin automatically, it also facilitates association with objects that represent the water system (i.e. demands and reservoirs). The simulation model performs accounting for the movement of water through a system of reservoirs and river stretches whose progression calculation is performed from upstream to downstream. As optimization technique, the SCE-UA algorithm, based on the theory of evolutionary algorithms was used. The procedure was applied in the Quaraí River Basin, characterized by intense use of water to meet the irrigation demands, and also by the establishment of hundreds of small structures reservation of water, destined to supply these demands. The results indicated that there is not water enough to meet the demands of irrigation at 100% of the time. On average, only 75% of the total volume of water required to meet the current demands could be met, considering the simulated period of 20 years. In the most critical years can occur exhaustion of the main course of the Quaraí and other sites, due to withdrawals plus the effect of the reservation by dams, it admitted the hypothesis that there are no releases in this structures. As alternatives to water management in the basin, point the definition of licensing criteria for withdrawals and releases in dams, as well as implementing new reservoir with regularization structures.

Ground water is a critical element of the ecosystem in the Great Lakes Basin. It is an integral component of a dynamic hydrological system that is the lifeblood for this region's remarkable natural diversity. It is also an important human resource. Unfortunately, intensive ground water withdrawals are resulting in negative consequences that are often hidden from view but which are causing social conflicts and environmental degradation. This thesis considers the failure of courts and governments to implement laws for allocating ground water rights according to hydrological reality and the collective interests of affected communities. Legal mechanisms are rooted in the nineteenth and early twentieth centuries. Despite rapid growth and the considerable pressure now exerted on ground water resources, courts and governments continue to allow, and even encourage unrestricted ground water withdrawals. The underlying ideology of state institutions within the Basin is contributing to the systematic undervaluation of environmental and long term interests of present and future generations. A reinvigorated concept of sustainability, one that is based on the ideals of deliberative democracy, would better represent these interests in decisions concerning the allocation of ground water. Through the process of ground water allocation planning, decision-making can be guided into a preventative and community-oriented approach that more accurately reflects the long term interests of the Basin. / Law, Peter A. Allard School of / Graduate

Texas is the last remaining state to utilize the rule of capture, a doctrine based on English Common Law, as a means of regulating groundwater resources. Many of the western states originally used the rule of capture to regulate their groundwater resources, but over time, each of these states replaced the rule of capture with other groundwater laws and regulations. The Texas Water Development Board (TWDB) State Water Plan, Water for Texas-2002, warned Texans if current water usage and laws do not change, there will be an unmet need of 7.5 million acre-feet of water annually by 2050. This caused individuals in state and local government to begin asking the question, "How are we going to meet our future water needs?" In the search for a solution to the water shortage problem people have divided themselves into two groups: one wants to consider the implementation of water conservation measures to reduce per capita water use in order to meet future demands; while the other group wants to spend millions of dollars to build reservoirs and dams along with laying thousands of miles of pipeline to move water around the state. The fact that Texas has yet to come up with a definitive answer to their water shortage peaked my curiosity to research what caused the State of Texas to get to a point of having a shortage of fresh water and then look at possible solutions that incorporate water conservation measures. In my thesis I present a historical overview of the rule of capture as Texas's means of groundwater management in order to illustrate the role it played in contributing to the water shortage Texans now face. I also take a historical look at the environmental justice movement, a grass-roots movement by environmentalists and Civil Rights activists working together to guarantee the rights of low-income and minority communities to clean and healthy environments, focusing on several acts and policies enacted by the federal government as a direct result of this movement. I then demonstrate how the rule of capture is in conflict with these acts and policies along with being in violation of both state and federal regulations in an attempt to establish a sound argument as to why we need to replace the rule of capture not only from an environmental standpoint, but from a legal standpoint as well. After considering groundwater legislation in other states, I offer a possible alternative to the rule of capture as part of the solution to the approaching shortage of Texas's fresh water supply. The implementation of new laws, regulations and conservation measures will help conserve water for future Texans, but we must also consider a change in our relationship to water along with the attitudes and ideas that resulted in a water shortage not only in Texas, but on a global scale if we truly want to solve our future water crisis.