Bernadette Benally - Water Education

What is water? Water is an important element in the life cycle of all living organisms. There are so many problems with how to conserve, maintain, and use water but there is no education being taught about the importance of water to the local Indian schools. The Bureau of Indian Affairs holds a unique relationship between Indian natives and the federal government who created a federal educational system. There is no strong significant of any kind about teaching the fundamentals of water in local BIA tribal grade schools to the young generation. In most tribes, water is holy and highly respected. The western states are where water is scariest because it is the most serious legal and political issues concerning tribal water rights. It is an important key issue on the Navajo reservation to teach others the importance of water. I would like to provide education on water to my people, the young generation, tribal officials, and anyone who does not know the importance of water. I conducted a survey regarding the importance of water on the BIA Water Resources Training Program 2000 Indian participants who came from different tribes all over the United States. I have a brief discussion on what water rights we currently have through Acts, Amendments, and settled Court results. Included is a history on Bureau of Indian Affairs and what they have established for American Indians. Based on the survey questions, the results indicate a need for water education on the Indian reservations. My study on Indian Water Education has lead me to belief that we are only being taught the basics in English, Math, Science, History, but neglecting education on water. We are not being educated about water. Through this research on Indian Water Education, I have learn some water rights, the purpose of Bureau of Indian Affairs, and what I can do to provide some suggestions to help educate my Navajo people and other tribes about the importance of water through the help of U.S. Environmental Protection Agency, Bureau of Reclamation, Universities, and my Navajo Councilmen.

NAVAJO NATION

Land Status. Our tribal land is the size of the state of West Virginia. It is 12,940,191 acres. There is 722,854 acres of allotted lands. There is 326,177 acres of government land. There is 1,950,000 acres jointly owed land with the Hopi tribe. The total area is 13,989,212 acres.

History. In the 1600 Navajo acquired horses and sheep from the Spaniards. They learned how to work with metal and wool from the Spaniards. The U.S. Government gathered all Navajos and took them to Fort Sumner, New Mexico, which is known as the Long Walk. Many of our people died from starvation, tiredness, and left behind. After all the hardship my people went through, the U.S. Government finally decided to establish treaties and the Navajo Reservation.

Culture. The Navajo tribe is a unique tribe. Their culture is based on Mother Earth, Father Sky, and all living creatures, humans, animals, and plants. We are known to be good weavers; good fry bread makers, and hard workers. As a woman, we hold an important position in out tribe. Instead of a man being the head of the household, a woman is the head of the household. Our elders encourage the young people to get as much education as you can. And use that knowledge to take care of our people.

Government. We have 74 council delegates that represent 96 chapters of the Navajo Nation. Our current President of the Navajo Nation is Kelsey Begay.

Tribal Economy. The tribe receives an annual income of approximately $16 million annually with 69 percent from oil, gas, and minerals.

Natural Resources. There are substantial oil and natural gas reserves on the Navajo Reservation. In addition, a large coal mining operation has been started with others being planned. Other minerals are found in lesser quantity. Average annual precipitation is low, and temperatures tend to be moderate.

Utilities. The Navajo Tribal Utility Authority (NTUA) is the major supplier of electricity, natural gas, water, and sewer services on the reservation.

WATER RIGHTS

Whether the use of land is for hunting and fishing, agricultural, industrial, or residential purpose, the value of water is tiny unless the land has access to it. Water rights have been a big crucial issue with American Indians since they lost their lands. American Indians were chosen land, and then the government notices they given land that had water lying underneath or flowing through their lands. The courts began to recognize Indian rights to the water lying underneath or flowing through their reservation. Water is among the most precious of resources in many parts of the United States. Rights to water resources had been left to state governments. Aboriginal claims, original treaty obligations, reservation allotment, assimilation, and the more recent trend toward tribal self-determination have all played a role in defining the status of tribal water rights to water resources. The enduring three-way tension between tribal sovereignty, state government authority, and the federal trust responsibility has over the course of this century shaped water law and policy which is unique to American Indian tribes. The tribal water rights must make reference to two important variables: the water rights allocation doctrine of the state of which the Indian reservation is a contiguous neighbor, and the doctrine(s) upon which the tribe bases its water rights claims. Tribal governments base their assertions of water rights on ancient use rights and the “reserved rights” policy.

The two general state water rights doctrine is the riparian system and the prior appropriation system. Riparian system states that all parties whose property adjoins a surface water supply share equal and common rights to the reasonable use of available supplies. The appropriation system states that the first party to divert water out of a watercourse or devote it to a specified beneficial use, or insecure the use right is ”first in time is first in right.” The prior appropriation system is also known as the water law that followed 17 western states. An important feature of the prior appropriation system is the “use it or lose it” principle. Appropriators who do not use the fall measure to which they are entitled may have that portion of their right reclaimed by the state and given to other users. The prior appropriation system had a problem in it that the Native people saw. They saw many of the Native nations were assigned reservation lands after the waters of the region had already been appropriated.

ACTS, AMENDMENTS, AND COURT RULING

Here are some Acts, Amendments, and Court outcome that I have found and did not know about;

1902 Reclamation Act- Congress agreed to abide by state water law doctrines in the acquisition and allocation of water from federally financed reclamation projects.

Winters v. United States- the Court decided in favor of the United States and tribe, and also sought to establish a doctrine that would both set aside enough water to sustain Indian reservations and accommodate some features of the prior appropriation system. The Winters Doctrine reserved water rights but did not resolve all of the water issues. This happened in 1907. Whenever the federal government entered into an agreement for the creation of an Indian reservation, there was also by implication reserved for perpetual tribal use enough previously inappropriate water to fulfill the purposes for which the reservation was established. To comport with the prior appropriation policy, the data on which the reservation was created would be considered the data on which the tribe’s water had been impliedly reserved. Tribes could give the water to any use, which fulfilled the reservation’s purpose. Unlike the prior appropriation system, the tribe’s water rights could not be lost through nonuse. American Indians are recognized as the most senior appropriators in every western state.

Arizona v. California- the Court ruled that 3,500 Native Americans on reservations along the banks of the lower Colorado River were entitled to nearly a million acre-feet of water a year. (1 acre-foot equals 326,000 gallons)

The Elementary and Secondary Education ACT (ESEA) of 1965- served Indian children in need of extra basic skills assistance in reading and math.

The Indian Education Act of 1972- was concerned with Indian children in public schools. A congressional act that provided education financial assistance to communities with Indian students in their schools.

The Indian Self-Determination and Education Assistance Act of 1975- provided a means by which Indian groups could contract services previously provided by the Bureau of Indian Affairs. This act enrolled tribes to contract at their own option, to provide any services currently being provided by either the BIA or the Indian Health Service (IHS). If the tribes change their policies about contracting government services, they have the right to return the administration of a contracted service to the relevant federal agency. The Self-Determination Act was designed to allow Indian tribes and organizations to have more direct control over federal programs that operated with in reservations communities.

Title XI of the Education Amendments of 1978- reorganized BIA education and provided for more local control by school boards in BIA schools.

Indian policy statement- January 24, 1983, President Reagan issues the first Indian policy statement since 1975. The address, which promotes economic development on reservations, states the government’s support for industrial development of resources on Indian lands. Tribes and the American society “stand to gain from the prudent development and management of the vast coal, oil, gas, uranium and other resources found on Indian lands.

The Indian Education Amendments of 1988- a law that revised the statutory framework under which federally funded Indian education is administered, consolidating and clarifying laws governing the operation of BIA-funded schools and the Indian Education programs operated by the Department of Education. It also authorized the White House Conference on Indian Education to explore the establishment of an independent Board of Indian Education programs and to develop recommendations for improvements in Indian education.

Johnson O’Malley Act- allowed the federal government to sigh contracts with states for Indian students’ education in public schools.

McCarran Amendment- allow the U.S. government, as guardian of Native American reservation rights, to be sued by other water users in state courts.

EDUCATION

Education had always been a part of everyone’s life since his or her childhood years. Education is defined as providing yourself with formal knowledge or training with provided information and bringing that knowledge to your understanding. The goal of the federal Indian school system had always been to promote integration if Indian people into mainstream European-American society. The philosophy was to Americanize the Indians by educating them in public schools to be self-reliant, self-supporting citizens. Indian tribal groups were given more responsibility in planning and directing community action projects. As their confidence grew, Native Americans began to play a greater role in governing these programs, which included education and economic development. To this day, Native Americans have more opportunities to become successful in a variety of employment fields. Indian people want the opportunity to determine all aspects of their children’s education. The Indian people want their children to value their culture and traditions, but also to have basic academic competencies and subject matter knowledge when they complete their formal education. Two federal agencies are responsible for the education of Indians students: the Department of Interior through the BIA Office of Indian Education Programs and the Department of Education through the Office of Indian Education. The issues that have concerned Indian people for five generations of formal education, as defined by the Indian Nations at Risk Force and the White House Conference on Indian Education are summarized here.

Indian Nations at Risk Task Force- included ten national educational goals for American Indians and Alaska Natives. A set of goals to guide the improvement if all federal, tribal, private, and public schools that serve American Indians and Alaska Natives and their communities.

The Task Force expressed a strong belief that a well educated American Indian and Alaska Native citizenry and a renewal of the language and cultural bases of Native American communities will strengthen both self-determination and economic well-being and will allow Native Americans to contribute to a stronger American presence in global affairs.

The Task Force recommends five major strategies for implementing its recommendations:

1) Develop comprehensive education plans that bring together federal, state, local, and tribal resources to achieve the native education goals. These plans should draw on the most promising research and effective practices identified over the past twenty years.

2) Develop partnerships among schools and parents, tribes, universities, business and industry, and health and social service agencies. These partners must play an active role in developing local program plans.

3) Emphasize four national priorities that will significantly improve academic performance and promote self-sufficiency among American Indians and Alaska Natives.

4) Create mechanisms that will hold local, tribal, state, and national officials accountable for achieving the goals.

5) Foster understanding of the relationships between tribes and all levels of government.

National Education Goals for American Indians and Alaska Natives

Goal 1: Readiness for School

By the year 2000, all native children will have access to early childhood education programs that provide the language, social, physical, spiritual, and cultural foundations they need to succeed in school and to reach their full potential as adults.

Goal 2: Native Languages and Cultures

By the year 2000, all schools will offer native students the opportunity to maintain and develop their tribal languages and will create a multi-cultural environment that enhances the many cultures represented in the school.

Goal 3: Literacy

By the year 2000, all native children in school will be literate in the language skills appropriate for their individual levels of development. They will be competent in their English, oral, reading, listening, and writing skills.

Goal 4: Student Academic Achievement

By the year 2000, every native student will demonstrate mastery English, mathematics, science, history, geography, and other challenging academic skills necessary for an educated citizenry.

Goal 5: High School Graduation

By the year 2000, every native student capable of completing high school will graduate. They will demonstrate civic, social, creative, and critical thinking skills necessary for ethical, moral, and responsible citizenship and important in modern tribal, national, and world societies.

Goal 6: High-Quality Native and Non-Native School Personnel

By the year 2000, the numbers of native educators will double, and the colleges and universities that train the nation’s teachers will develop a curriculum that prepares teachers to work effectively with the variety of cultures, including the native cultures, that are served by schools.

Goal 7: Safe and Alcohol-Free and Drug-Free Schools

By the year 2000, every school responsible for educating native students will be free of alcohol and drugs and will provide safe facilities and an environment conducive to learning.

Goal 8: Adult Education and Lifelong Learning

By the year 2000, every native will have the opportunity to be literate and to obtain the necessary academic, vocational, and technical skills and knowledge needed to gain meaningful employment and to exercise the rights and responsibilities of tribal and national citizenship.

Goal 9: Restructuring Schools

By the year 2000, schools serving native children will be restructured to effectively meet the academic, cultural, spiritual, and social needs of students for developing strong, healthy, self-sufficient communities.

Goal 10: Parental, Community, and Tribal Partnerships

By the year 2000, every school responsible for educating native schools will provide opportunities for native parents and tribal leaders to help plan and evaluate the governance, operation, and performance of their educational programs.

BUREAU OF INDIAN AFFAIRS

The Bureau of Indian Affairs (BIA) has been a great help to American Indians by establishing an educational system. American Indians have lost elements of their cultures, language, and families through the efforts of BIA to civilize them. U.S. policymakers believed that the best road for the Indians to travel was to adopt U.S. Culture and that education was the most effective way to civilize Native Americans. BIA had good and bad intentions:

BIA ACCOMPLISHMENTS

Congress passes the Indian education Act of 1972, creating BIA-level Office of Indian Education as well as a National Advisory Council on Indian Education designed to improve the quality of public education for Indian students through grants and contracts for teachers of Indian students. BIA formats the National Indian Education Advisory committee to assist in the improvements of educational services to Indian students.

	U.S. Government Improvements Has The Years Progress

1822	Office of Indian Affairs was created
1832	Congress recognized the Office of Indian Affairs by passing legislation authorizing its activities.
1849	Congress created the Dept. of the Interior.
1920	There were more Indian students in public schools than in federal schools.
1928	The Merriam Report
1931	The Education Division of the Bureau gained new prominence under a reorganization of schools.
1940	War efforts took precedence over reforms in Indian education.
1947	Office of Indian Affairs was transferred to Bureau of Indian Affairs.
1960	the first controlled community college on the Navajo Nation Reservation in Arizona.
1965	The Elementary and Secondary Education Act
1967-1971	The National Study of American Indian Education: The Education of Indian Children and Youth,
1970	The protection of Indian water rights has become one the most important issues by Indians
1972	The Indian Education Act of 1972.
1973	The National Water Commission criticized the government's failure to protect Indian water rights.
1975	The Indian Self-Determination and Education Assistance Act
1976	Task Force Five of the American Indian Policy Review Commission
1980	There were 50 major American water rights disputes which involved: jurisdiction, quantification,
	application, marketability, and resource management and water quality.
1988	Indian Education Amendments
1989	Interior Manuel Lujan announced that the Working Group on Indian Water Settlements would establish
	principles for guiding settlements and would assist in negotiations with tribes.
1989	Our Voices, Our Vision: American Indians Speak Out for Educational Excellence was published
1990	President George Bush signed the Native American Languages Act.
1991	Indian Nations at Risk Task Force
2000	BIA Water Resources Training Program

v Negotiating tribal/EPA Environmental agreements that identify tribal priorities for building environmental programs and also for direct, EPA program implementation assistance;

v Developing tools to assist Tribal environmental managers in their decision on environmental priorities;

v Developing training curricula for EPA staff on how to work effectively with Tribes;

v Working to improve communication between the Agency and its Tribal stakeholders in a number of ways, including assistance to Agency Office as they consult more closely with Tribes on actions that affect Tribes and their environments, and support for regular meetings of the Agency’s Tribal Operations Committee;

CONCLUSION

In conclusion, water is an important element in the life cycle of all living organisms. The interplay between traditional management of natural resources and the priorities of modern tribal governments will lead to challenging issues for tribes and the federal government. The pressure on the federal government to achieve parity in funding for environment regulation for Indian reservations as compared to states has resulted in substantially increased opportunities for tribes to exercise their sovereignty through regulation of their lands. The forum of environmental regulation will also lead to continuing conflicts between tribes, the federal government, and the local governments over issues of sovereignty. The opportunity also exists for cooperation between traditional foes of each can respect the other’s authority and practical expertise. When tribal sovereignty is respected, the focus can shift to protecting the health and environment of the entire community, on and off the reservation. Will there or will there be not Water Education taught in local BIA Indian schools?

The Native North American Almanac, 1994, Duane Champagne, Gale Research, Inc., Washington D.C.

Native America in the 20^th Century, An Encyclopedia, 1994, Mary B. Davis, Garland Publishing, Inc., New York & London

INTRODUCTION