Tribal Engagement

The California Water Commissioners bring their water-related experience from various backgrounds such as agriculture, green non-governmental organizations, local water agencies, and utilities; as well as geographic locations ranging from the Sacramento and San Joaquin Valleys, San Francisco Bay Area, Greater Los Angeles area, and San Diego to the work of the California Water Commission. The Commission's work is a blend of long-standing statutory obligations that date back 60 to 80 years, as well as newer responsibilities. The Commission encourages the sharing of diverse perspectives, increased transparency and accountability, and improved decision-making related to water policy, planning, and management. For more information about the Commission, please click here: About the California Water Commission.

The Commission recognizes that Tribes are not interested parties, members of the public, or an ethnic group. The Commission values the full participation of Tribes in its work and is committed to continuing to work with Tribes and to improving its Tribal interactions. The content below describes how the Commission has worked with Tribes over time, provides resources that may be helpful to Tribal interaction, and lays the groundwork for improved Tribal relations moving forward.

Water Storage Investment Program

In 2014, voters approved Proposition 1: The Water Quality, Supply and Infrastructure Improvement Act, which directed the Commission to administer $2.7 billion in bond funding in the Water Storage Investment Program (WSIP), which funds the public benefits of locally led water storage projects. Proposition 1 identified Tribes as eligible applicants for funding, though no Tribes submitted applications for WSIP funding. Seven projects are eligible for WSIP funding. These projects, if completed, would boost California's water storage capacity by 2.77 million acre-feet. They would also provide important public benefits to California. They would aid the movement of young salmon to the ocean; enhance wetland habitats, riparian habitats, and wildlife refuges; make available stored water for use during a drought emergency or seismic event that disables water import infrastructure; and increase recreational opportunities for camping, picnicking, boating, and hiking. The Commission ensures that Californians receive public benefits from these projects.

For each WSIP project, the project proponent is the lead agency for their project’s California Environmental Quality Act (CEQA) process and project proponents should be contacted directly regarding AB 52 notification and consultation for their projects.

The Commission has sought to consider Tribal perspectives and keep Tribes informed about the WSIP.

The Commission worked with the Department of Water Resources Executive Manager, Office of Tribal Affairs, to develop Tribal representation on the WSIP Stakeholder Advisory Committee (SAC), which met throughout 2015 to provide input on development of the regulations that guide the WSIP. The SAC included three members representing Tribes from locations across the state.
In February 2016, the Commission held a Tribal Roundtable Meeting at Jackson Rancheria to listen to Tribal representatives’ concerns about the WSIP and provide a venue for Tribes to participate in the development of the WSIP.
The Commission participated in and co-sponsored a two-day Tribal Government Consultation on Proposition 1, held in June 2016, to communicate with Tribes about the contents of Proposition 1 and various Proposition 1 funding programs, including the WSIP.
In October 2016, the Commission hosted a webinar for Tribal governments to update Tribes on the status of the WSIP and provide an opportunity for Tribes to provide Commissioners and Commission staff with feedback on the WSIP regulations.
In May 2017, the Commission's Chair and Executive Officer met with Tribal representatives to discuss Tribes' projects and WSIP funding opportunity.
As projects progress through the WSIP, Tribal leaders and their representatives have and continue to provide comments to the Commission regarding specific projects. Comments by Tribal leaders and their representatives is guided by the Commission's Tribal Comment Policy.

In June 2023, the Commission awarded final funding in the amount $277.5 million to the Harvest Water Program. The other eligible projects are in the process of completing requirements for final funding that are outlined in Proposition 1.

Additional information about the WSIP projects is available on each project’s webpage:

Collaborative Policy Work

Tribal Engagement in the Commission’s Collaborative Policy Work

Through its collaborative policy work, the Commission has increasingly focused on Tribal-specific input on water policy topics by engaging Tribal representatives in small-group discussions, inviting Tribal representatives to present to the Commission, making presentations to groups of Tribes, and providing regular updates specifically to Tribes.

Conveyance

The Commission’s white paper, A State Role in Financing Conveyance to Meet Climate Change Needs: Findings and Conclusions, released in June of 2021, asserts that Tribes are critical parties to engage when advancing climate-resilient conveyance projects. The Commission hosted four regional public workshops, At the Southeastern California workshop, Thomas Tortez, Jr., Tribal Chairman, Torres Martinez Desert Cahuilla Indians delivered remarks as an invited panelist. At the Northern California workshop, Tom Keegan, Tribal Specialist Lead, California Rural Water Association delivered remarks as an invited panelist.

Groundwater Trading

The Commission’s white paper, A State Role in Supporting Groundwater Trading with Safeguards for Vulnerable Users: Findings and Next Steps, released in May of 2022, explains that Tribes are beneficial users of groundwater and that they expressed concerns over the potential impacts of groundwater trading programs on communities, small- and medium-sized farms, and groundwater-dependent ecosystems. To better understand Tribal perspectives on groundwater trading, the Commission hosted a Tribal small-group discussion to hear specifically and directly from Tribes. The discussion explored the status of groundwater trading; the bookends that should be placed on groundwater trading to protect communities, the environment, and small- to medium-sized farm operators; and perspectives about the State’s role in groundwater trading to safeguard vulnerable water users.

Drought

The Commission’s white paper, Potential State Strategies for Protecting Communities and Fish and Wildlife in the Event of Drought, was released in January of 2024. As a result of Tribal engagement, the drought paper contains boxes on drought and wildfire (page 18) and Tribes and drought (page 21), as well as potential State actions that suggest:

providing financial incentives for groundwater recharge to benefit Tribes,
bringing Tribal culture-bearing practices into habitat restoration work,
supporting Tribal cultural burning,
supporting, through stipends, Tribal engagement in critical drought work,
supporting Tribal emergency drought response capacity,
enhancing understanding of Tribal water needs, and
including Tribal lands on State maps of hydrological regions.

To develop its drought strategies, the Commission recognized the need to engage Tribes in specially designed Tribes-only conversations about drought. To that end, the Commission hosted a series of small-group discussion sessions in November of 2022 and July of 2023 with Tribal representatives from various regions in California. At the November 2022 discussion sessions, the Commission heard from Tribal representatives about drought impacts on Tribal lands, the effects on Tribal culture, how to protect Tribal interests in the event of long-term drought, and how to engage Tribes in the Commission’s drought work going forward. At the July 2023 sessions, the Commission sought feedback on its draft drought strategies from Tribes. The Commission kept interested Tribal representatives apprised of its progress on developing the drought white paper. Additionally, the Commission presented its drought work to the Department of Water Resources’ Sustainable Groundwater Management Act (SGMA) Tribal Advisory Group and hosted Tribal experts at its Commission meetings.

At its February 2023 meeting, as part of agenda item 10, Long-term Drought: Expert Panel on Drought Preparedness and Response Strategies, James Sarmento, Executive Director of Cultural Resources for the Shingle Springs Band of Miwok Indians discussed a Tribal perspective on drought and how drought conditions affect cultural resources.
At its April 2023 meeting, as part of agenda item 10, Long-term Drought: Expert Panel on Wildfire and Forest Management, Honorable Ron W. Goode, Tribal Chairman of the North Fork Mono Tribe, discussed the impacts of drought on Tribal culture and how traditional ecological knowledge (TEK) can be applied to forest management.

Strategic Planning

The Commission is in the early stages of developing its 2025-2029 Strategic Plan. At its February 2024 meeting, the Commission discussed a workplan for the development of the Strategic Plan (see Item 12). At the May 2024 meeting, Commission staff presented draft strategic goals and objectives to the Commission (see Item 12).

In tandem with the strategic planning effort, Commission staff is also working to understand how to increase the engagement of Tribes and interested parties in the Commission 's work. The Commission is holding one-on-one conversations with Tribal representatives and conducting a Tribal survey to better understand the Tribal perspectives on its work. Part of the Commission's work for the coming five years will be to continue to improve its interactions with Tribes. This will be codified in the Commission's 2025-2029 Strategic Plan.

The Commission invites Tribes to provide feedback on its strategic plan by participating in Commission meetings and/or reaching out to Laura Jensen, Assistant Executive Officer, at laura.jensen@water.ca.gov.

California Native American Tribal Leadership Comment Policy
In 2023, after seeking input and review from the Shingle Springs Band of Miwok Indians, the Commission adopted a California Native American Tribal Leadership Comment Policy, acknowledging the sovereign status of Tribes and recognizing that Tribal leaders are more than interested parties, members of the public, or an ethnic group. The policy is intended to show appropriate respect to elected Tribal leaders and delegated Tribal representatives to contribute their unique perspective and knowledge to the water management issues in which the Commission engages.

California Natural Resources Agency Consultation Policy
The mission of the California Natural Resources Agency is to restore, protect and manage the state's natural, historical and cultural resources for current and future generations using creative approaches and solutions based on science, collaboration and respect for all the communities and interests involved. California Native American Tribes and Tribal communities have sovereign authority over their members and territory, and a unique relationship with California’s resources. This policy ensures effective government-to-government consultation between the Natural Resources Agency, the departments of the Natural Resources Agency, and Native American Tribes and Tribal communities to further this mission and to provide meaningful input into the development of regulations, rules and policies that may affect Tribal communities.

Department of Water Resources Engagement Policy
The California Water Commission exists within the Department of Water Resources (DWR) and is under the umbrella of the California Natural Resources Agency (CNRA). The Commission follows DWR's Engagement Policy and CNRA's Consultation Policy, and consults with DWR's Executive Manager, Office of Tribal Affairs on applicable matters.

California Native American Heritage Commission
The Native American Heritage Commission is the primary government agency responsible for identifying and cataloging Native American cultural resources -- ancient places of special religious or social significance to Native Americans and known ancient graves and cemeteries of Native Americans on private and public lands in California.