Episode 69: Advising CA Tribal Policy
“The best available science is inclusive of tribal knowledge and tribal science, but we don’t define it. We don’t have the ability to define it. That is defined by the citizens of any particular region, tribal citizens, based on their knowledge of that watershed, that region. And it’s different for every tribe.”
A conversation with Anecita Agustinez (state tribal policy advisor, California Department of Water Resources) about water governance and expertise around challenging policy issues. Released February 7, 2025.
guests on the show
Anecita Agustinez
Anecita Agustinez has served as our tribal policy advisor since August 2013. Agustinez has over 30 years of advocacy experience on behalf of California’s Native American tribes. She provides policy support and recommendations regarding tribal issues to the director and chief deputy director and has been actively engaged with our projects and programs, assisting with tribal consultation and development of the DWR Tribal Consultation Policy.
Before joining DWR, Agustinez served as the Native American liaison and manager of the Office of Legislative and External Affairs and the Office of Health Access at the Department of Health Care Services. She previously served as the assistant director of the Office of Native American Affairs at the Department of Justice in the Office of the Attorney General. Her experience includes developing and conducting training in the areas of tribal consultation and cultural competency. Agustinez studied political science at Stanford University and is a tribal citizen of the Dine (Navajo) nation.
TRANSCRIPT
Sam Sandoval
Bienvenidos! For today's episode, we are talking with Anecita Agustinez. I've met with her at various events hosted by Water Education for Latino Leaders. It's always a pleasure to talk to her, and I deeply respect her career and experience working with Native American tribes. She’s an expert in engaging with tribes, ensuring they’re not just consulted, but that they have a voice and a seat at the table. She has shaped policies that affect Native American tribes, and I consider her an invaluable resource. She’s also a wonderful person to converse with when discussing tribal issues. Faith, Mallika, what are you looking forward to in today's episode?
Faith Kearns
I always enjoy talking to Anecita, and I’m excited to have her on Water Talk. We've had many Indigenous colleagues on the show over the years, but this is the first time we’ll be speaking with someone in a leadership role at a state agency. Anecita works as a tribal liaison at the California Department of Water Resources (DWR), and she’s been in this role for a long time—since 2013, I believe. She's in a high-level position within the state government, and her focus is on ensuring proper tribal consultation policies. She’s really someone to learn from when it comes to processes and understanding how things get done at the Department of Water Resources. Mallika, how about you?
Mallika Nocco
I’ve never met Anecita before, so I’m really excited to meet her and learn more about her expertise and leadership. Her role seems incredibly challenging, especially when you think about the diversity of tribes and organizations throughout California. There are so many different voices and interests, and trying to balance them all must be really tough. On top of that, water issues in California are complex, so I’m curious to hear how she has navigated policy and what her vision is for the future.
Sam Sandoval
I agree, Anecita is in a tough but interesting position. DWR manages the State Water Project, much of which comes from the Feather River. We’ve heard from Beth Rose Middleton Manning in another episode how important that river is to Native tribes. Anecita brings a unique insider perspective on tribal inclusion in policies, which complements the outsider perspective we’ve discussed in previous episodes. I'm also hoping she’ll share insights into the water plan, as I think that’s something crucial for shaping California’s future water policies.
Mallika Nocco
Sam, for our national listeners, can you briefly explain what the California Water Plan is?
Sam Sandoval
Every four to five years, California releases the Water Plan, which outlines strategies for improving water management in the state. It’s a very comprehensive document and is really like a "cheat sheet" for understanding water resource strategies, from desalination to water conservation. It’s not mandatory, but it’s incredibly important for setting the tone for investments and guiding where to focus efforts in water management.
Mallika Nocco
I agree. The California Water Plan is a great resource for understanding the state's priorities and where funding will be directed. It’s an important document.
Sam Sandoval
Exactly. And a key part of it is tribal consultation, which Anecita has played a significant role in. I’m really looking forward to discussing that aspect of her work. So, without further ado, let's talk with Anecita.
Bienvenidos to Water Talk! Today we are joined by Anecita Agustinez, the Tribal Policy Advisor for the California Department of Water Resources. Anecita has over 30 years of experience advocating for California's Native American tribes. She’s been instrumental in assisting with tribal consultation and developing DWR’s Tribal Consultation Policy. Anecita has also served as the Assistant Director of the Office of Native American Affairs at the California Department of Justice. She’s a member of the Dine Navajo Nation, and has a wealth of experience in tribal issues. Anecita, welcome to Water Talk—we’re thrilled to have you here.
Anecita Agustinez
Good morning! It’s my pleasure to be here. Thank you so much for the invitation.
Sam Sandoval
I provided a brief overview of your career, but it would be great if you could share more about your journey and how you ended up in your current role.
Anecita Agustinez
I’ve been very fortunate with my career path. It wasn’t always by choice, but rather by the opportunities that came my way. Looking back, I couldn’t have scripted it better. My path has been shaped by experiences that laid the foundation for the work I do now, particularly in water issues. I’m a member of the Navajo Nation, or Dine, as we call ourselves.
I’ve always been involved in nonprofit work, particularly in supporting women’s political leadership. In the Bay Area, there were many women in political office, we worked toward getting Latinas elected to school boards, city councils, and other offices. This experience laid the groundwork for my shift into policy. After moving to Sacramento, I worked at the Attorney General's office, where I had a bird’s eye view of state policies affecting tribal citizens. This is where I really dove into the policy space, especially working with the Office of Native American Affairs. I dealt with a range of issues, including the Indian Child Welfare Act, gaming, tobacco compacts, health issues, and access to ceremonial sites in state parks.
Eventually, the position at the Department of Water Resources opened up. It was one of the first positions at the executive level dedicated to tribal relations in state government. At that time, there were very few tribal liaisons or policy advisors across the state. Now, there are maybe 80 to 90 such positions, but it's still not enough, considering the number of state agencies that need to interact with tribal governments.
Sam Sandoval
Thank you for sharing that, Anecita. Tribes are such an important part of our nation’s history. Could you give us a broad description of the tribes in California, and maybe nationwide, and explain why they’re so important?
Anecita Agustinez
Tribes have a unique status in the United States. People often misunderstand what it means to be a tribe. Federally recognized tribes are officially designated by the federal government, and this is reflected in terms like American Indian or Alaska Native. There are 574 federally recognized tribes nationwide, but if you exclude Alaska Native corporations, there are 110 federally recognized tribes in California alone. Additionally, the Native American Heritage Commission recognizes another 70-plus non-federally recognized tribes in California.
In California, state agencies are required to engage with these 180+ tribal governments. This is a substantial task for any agency, and building relationships with tribes is still a relatively new process for many of them. It’s a big challenge, but recent executive orders, such as those from Governor Jerry Brown and Governor Gavin Newsom, have strengthened the role of tribal relations within state government. Governor Newsom, in particular, issued a public apology to California’s tribes for the state’s history of genocide, slavery, and land theft. He also established the Truth and Healing Council to help reconcile with tribes and explore the possibility of reparations.
Mallika Nocco
That’s really interesting. How is DWR engaging with tribal groups, particularly on challenging water issues? For example, dam removal comes to mind. Are there any other specific issues you’d like to highlight?
Anecita Agustinez
The Department of Water Resources (DWR) is a state agency under the California Natural Resources Agency. The Natural Resources Agency oversees over 26 departments, including CAL FIRE, the Energy Commission, and the Department of Parks and Recreation, among others. Our department is responsible for managing the largest water infrastructure project in the United States, the State Water Project, which begins at Lake Oroville.
There are two major water systems in California: the State Water Project and the Central Valley Project. The Central Valley Project begins at Lake Shasta and is managed by the Bureau of Reclamation. The State Water Project's aqueduct system runs through the Delta, while the Central Valley Project's system flows through the Sacramento River and converges with the American River at the Delta. From there, water travels south to places like Castaic Lake and ends in Lake Perris, near Riverside and Moreno Valley. The State Water Project serves about 27 to 30 million people.
California’s water infrastructure has always been a point of tension. Water from Northern California is funneled south to Southern California, a historical divide. Additionally, there’s been growing concern about the snowpack, which historically has been a primary water storage source, declining due to climate change. This highlights the need for new approaches to water storage.
For Indigenous communities, however, the watersheds and reservoirs, like Lake Shasta, Lake Oroville, and Lake Perris, represent more than just water infrastructure—they cover what were once tribal lands. Many of these reservoirs, including Lake Mendocino, were created by damming areas that were once tribal villages. The construction of these projects often occurred without proper consultation or compensation to those affected, and the remains of ancestors were often taken from these sites and stored in museums or universities. This is a legacy that we're still addressing today through efforts like the Truth and Healing Council, which advocates for the return and proper handling of ancestral remains.
As part of our role at DWR, we manage water infrastructure while recognizing the damage caused to Indigenous lands. This is why it's crucial for us to work with tribes to repatriate ancestors and address historical injustices. One of the significant projects I am currently involved in is the Delta Conveyance Project, which has received a lot of attention under both Governors Brown and Newsom. This project aims to build a more efficient tunnel system through the Delta to address flood control, water quality, and sea level rise, all exacerbated by climate change. It’s been a controversial project, but its main goals are public safety and protecting water supplies.
Our work also includes large-scale projects such as dam rehabilitation and decommissioning. I’m particularly proud of our role in decommissioning the Klamath Dams, a victory largely due to the advocacy of tribal communities. Over 300 miles of the Klamath River have been restored, and salmon have already returned within six months of dam removal. We are also engaged in studies to facilitate fish passage in the Sacramento and Feather Rivers, as well as many habitat restoration projects.
Our department is also responsible for overseeing the Sustainable Groundwater Management Act, emergency drought funding, and other programs. Ultimately, DWR’s mission is to ensure the state’s water infrastructure is maintained for future generations while addressing the needs of all California residents, including tribal communities.
Sam Sandoval
Thank you, Anecita, for sharing all this great information. I know you’ve been working a lot on the California Water Plan and the California Water Summit. Could you explain what these are and how they relate to tribal communities?
Anecita Agustinez
There are many water management plans created by different state agencies. The Department of Water Resources is responsible for the California Water Plan, which is updated every five years. This plan has been produced since the late 1950s, and it serves as a critical resource for water managers. It includes detailed information on hydrology, modeling, and statewide water management. The 2023 update introduced a significant shift by incorporating equity into the framework, looking at water management through the lens of climate change and social justice.
For the first time, the California Water Plan also included a chapter written by tribal citizens, addressing issues like climate change, tribal water rights, and dam removal. This chapter focuses on equity and examines how tribal sovereignty affects water rights, especially for tribes that have been restored or re-recognized after being terminated. This reconciliation of past injustices is challenging because California’s water rights system prioritizes seniority, but tribal water rights predate that system.
We also explored data sovereignty at the 2023 Water Summit. Tribes have emphasized that data related to water management is intellectual property, and it’s essential that their traditional ecological knowledge (TEK) and tribal science be considered when planning water systems. The Department of Water Resources has officially recognized that the best available science must include tribal knowledge and science. However, this definition must come from tribal citizens themselves, as it differs from tribe to tribe based on their knowledge of specific watersheds.
The California Water Plan is updated every five years, and the tribal advisory committee was created in 2005 to ensure that the plan is more inclusive of tribal perspectives. This led to the establishment of the Tribal Water Summit, which is a space where tribal leaders and water managers can meet and discuss critical issues. The summit has been held four times, with the latest one taking place in 2023. It’s a three-day event planned by and for tribes, with over 300 delegates attending. The summit addresses key topics like the Salton Sea, the Colorado River, and data sovereignty, among others.
The summit also serves as a platform for discussing how to incorporate traditional ecological knowledge into policy-making. Moving forward, we’re already planning for the 2028 Tribal Water Summit, which takes years of preparation to fund and organize, especially to support the travel of elders. This is an example of how we’re making an ongoing commitment to ensure that tribes are part of the decision-making process.
Faith Kearns
Thank you so much, Anecita. You briefly mentioned the Colorado River, and I saw that you recently attended the Colorado River Water Users Association conference. Could you share a little about California's approach to tribal issues in the context of the Colorado River, which is a multi-state and international issue?
Anecita Agustinez
Yes, the Colorado River is a complicated issue because it involves multiple states and nations. California’s tribes are an important part of the conversation because many tribal communities rely on the Colorado River for their water. During the recent conference, I focused on the role of California tribes in negotiations and how we can ensure their voices are heard in the management of the Colorado River. The challenges of managing this shared resource across multiple states and borders are immense, but we’re working to ensure that tribes are included in discussions and decisions about the river’s future.
My role at that meeting was really to keep my ears to the ground in terms of what tribes are looking at. 2026 is upcoming, and a lot of the memorandums will expire. As I mentioned, the development of major water infrastructure policy has historically been done without tribal input. Many of these compacts were developed in 1922, which started the Law of the River. We're talking about the upper and lower Colorado River Watershed Basin, which covers seven states and over 30 tribes across two countries—the United States and Mexico. Now we call them the ten consulting tribes in the lower basin, but there are many more tribes involved.
As a Navajo, I take a very strong interest in this because my family is from Northern Arizona, near Lake Powell and Glen Canyon Dam. The water stored there goes to Lake Mead and services California, but it bypasses Navajo Nation. We are the largest land-based tribe in the United States, with the largest number of citizens, yet we don’t have access to the water from our own watershed. Glen Canyon Dam was part of our Navajo boundaries, but when they decided to dam it, they took it out of our jurisdiction. This is how water management has worked over the years—displacing tribal interests.
What we're seeing now is the Colorado River Indian Tribes, which are the ten tribes that have been at the table helping renegotiate water rights. These tribes have shared in various forms of economic development over the past couple of decades and are better positioned now with their own tribal citizens going on to get law degrees and water degrees, then coming back and working for the tribes. This reduces reliance on spokespeople who were once trusted guardians but did not always represent our interests.
There are several tribes in California that share borders with Nevada and Arizona, which makes their situation unique. These tribal governments are working with two states on Colorado River water issues. I'm excited to be working with those tribes. We convened at one point, and I was speaking with the developing Indigenous Women's Water Network and International Women and Water Diplomacy. It’s a great opportunity to network and be a mentor. It’s encouraging to see young women working in the water space at both regional and global levels. This energizes me and almost makes me wish I were 30 again to see where we could take these policies forward. I’m looking forward to helping others with information sharing and mentorship, as I transition into retirement in a few more years.
It was exciting to hear tribal leaders speak directly. I got to hear my tribe's president, Lou Nygren, speak, as well as Gila River’s Governor Steven Lewis, who is doing amazing work for the Gila River Indian Community in Arizona. Also, Chairman Hart from Ute Mountain Ute spoke about issues from the upper basin. That was a powerful discussion, and I was glad to be part of it.
The Colorado River delivery system goes through Imperial Valley, which also impacts many of the tribal communities in Southern California, including the Coachella Valley canal system. This was part of a major 60-year settlement involving the five bands of the San Luis Rey Indian Water Authority. We follow those issues closely, especially as they intersect with our work on the Salton Sea.
Water issues are so interconnected, but unfortunately, they often bypass tribal lands and communities.
Mallika Nocco
We always like to ask our guests if there's anything more they would like people to know about their work and how we— the Water Talk listeners— can support your efforts.
Anecita Agustinez
One area that really intrigues me is the land back movement and how we are supporting tribal nature-based solutions and the return of land. But I always caution that land return often comes at a price. Sometimes it's co-management, and sometimes it’s truly about returning the land so that a tribe can do what it needs to do, whether it’s for economic development or conservation.
California has been built on the backs of disenfranchised communities, including tribal communities. Land return is also an opportunity for appropriate reparations. If you’re getting land back, you need water to go with it. I always ask, “What are the water rights attached to that land?” And I think it’s essential to address whether tribes that have been terminated are being appropriately recognized in terms of their water usage.
The State Water Resources Control Board is finishing up the digitization of every scrap of paper related to water rights holders in California, and I’m looking forward to when that documentation becomes easily accessible. It should be transparent who holds water rights in California and at what cost. Understanding these water rights is complicated, but it’s crucial, and I try to engage as best I can.
Highlighting tribal approaches to water management is central to my work, and I believe that tribal knowledge and science must be included in decision-making processes. That’s what I focus on in my role.
Sam Sandoval
Anecita, thank you so much. Muchas gracias. Thank you for talking with us, for your leadership, advocacy, and for speaking up to create a more just world for everyone.