Cultural lifeways for many Indigenous communities in the United States are intimately tied to water. Nationally, the Clean Water Act of 1972 is the principal framework for regulation of water quality. The core purpose of the Act is to ensure water quality—and, by extension, water quantity—sufficient to protect designated uses, including but extending beyond familiar fishable, swimmable, and drinkable uses. Though uses protected under the Act can be seen as expressions of social and ecological values, the cultural dimensions of these water uses have generally been underappreciated.
This paper excavates requirements and possibilities for Indigenous water governance under the Clean Water Act, centering on the work of the Act’s water quality standards provisions. Previous scholarship in this area has focused on Indigenous water governance within Tribal territorial jurisdiction—particularly through Tribal promulgation of on-reservation water quality standards under Treatment-as-a-State authority or federal gap-filling standards for Indian country. This paper extends this scholarship by looking to Indigenous water governance beyond Indian country. Doing so is imperative, as Tribal cultural, ceremonial, and subsistence practices involving water remain rooted in ancestral territories over which Tribes often do not exercise formal regulatory governance and which are increasingly imperiled by conflicts over water allocation under conditions of mounting scarcity. The failure to formally recognize Tribal cultural uses of ancestral waterways, both practically and in the law, continues to marginalize Tribes and Tribal water uses in decision-making over the nation’s waterways.
In this paper, I posit that the Clean Water Act contains important mechanisms to advance the exercise of Indigenous cultural sovereignty over ancestral waterways beyond the jurisdictional bounds of Indian country. These mechanisms include calibration of water quality standards to protect Tribes’ off-reservation reserved rights to aquatic resources and designation of Tribal cultural uses as uses to be protected through state and federal water quality standards for Tribes’ ancestral waterways, including through instream flow standards and other functional flow controls. Though these mechanisms are underappreciated aspects of Clean Water Act administration, there are strong arguments that protecting Tribal reserved rights and cultural uses is legally required in water quality standard-setting, as well as ethically and ecologically imperative. These also function as much-needed pathways toward meaningful co-governance of water resources and exercise of Traditional Ecological Knowledge in regulation of ancestral waterways in furtherance of cultural and ecological continuity.
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Standing Rock Supreme Court Associate Justice (2)
Standing Rock Sioux Tribe, Fort Yates, North Dakota
The Standing Rock Supreme Court hears all appeals from the Standing Rock Sioux Tribal Court’s Criminal, Civil, Children’s Courts and convenes a minimum of four (4) times a year. The Supreme Court is comprised of one Chief Justice and two Associate Justices. Applicants for the Associate Justice position should be able to demonstrate relevant legal experience, ability to perform legal research and writing, and timely hear and decide pending cases.
1) Must be at least 25 years of age.
2) Be of High moral character and integrity.
3) Must never have been convicted of a crime, other than traffic offenses, for which a punishment of imprisonment was imposed
4) Must not have been dishonorably discharged from the Armed Services.
5) Must be physically able to perform the duties of the office, and
6) All Applicants for Associate Justice must demonstrate adequate education, training and experience in law. Salary Negotiable. Open until filled.
Applicants: Applications shall be in writing, to include a cover letter, resume documenting
education and experience in law, two (2) Letters of Reference, and any other submissions at the
option of the applicant. All applications will be considered on merit.
Applications and inquiries regarding the Associate Supreme Court Justice positions may
be submitted to Ms. Dellis M. Agard, Court Administrator, Standing Rock Sioux Tribal
Court, via regular mail at PO Box 363, Fort Yates, North Dakota, 58538, or via E-mail to
dagard@standingrock.org. Ms. Agard may be contacted at Telephone No. 701-854-7244.
Term Law Clerk
US District Court for the Western District of Washington, Seattle, WA
The U.S. District Court for the Western District of Washington is seeking qualified candidates for one Term Law Clerk position for United States District Judge Lauren King in Seattle, Washington. The start date is Monday, August 31, 2026. This position is full-time (80 hours per two-week period). The term length is 12 months but may be extended by mutual agreement.
Law clerks work closely with the Judge on civil and criminal litigation filed in District Court. Law clerks conduct research and prepare drafts of opinions and orders. Law clerks will also have the opportunity to work on various long-term projects, be involved in courtroom proceedings, and assist in the judicial extern program.
Candidates must possess excellent research and writing skills. They must also be law school graduates from an accredited law school; be organized and work well independently; and be experienced with Word, Westlaw, Lexis, and related platforms. Judge King’s selection process involves a legal research and writing assignment; therefore, candidates must have access to Westlaw or Lexis. Candidates must also have at least one year of federal clerkship experience or at least two years of litigation experience prior to the position start date.
The Tempe, Arizona office of Rothstein Donatelli, LLP, is seeking an associate attorney for its Indian law practice group. The ideal candidate will have five or more years of experience with a demonstrated commitment to the highest quality of legal practice, excellent research and writing skills, and experience in practicing Federal Indian law, including gaming, economic development, transactional matters, and litigation.
Qualifications
• Juris Doctor (J.D.) degree from an ABA-accredited law school.
• Active member in good standing with the AZ State Bar.
• 3-5 years of experience required. 5-10 years of experience preferred.
• Excellent written and oral advocacy skills.
Salary: 105,000-180,000 Open until filled.
Interested candidates should send a cover letter, resume, references, and writing sample to Victoria Acosta at info@rothsteinlaw.com. The position will remain open until it is filled. Salary competitive in the Tempe market depending on experience.
U.S. Dept of Health and Human Services, Office of the General Counsel, Public Health Division, Indian Health Service Branch Multiple including Bethesda, MD
The Office of the General Counsel is the legal team for HHS, providing quality representation and legal advice on a wide range of highly visible national issues. OGC supports the development and implementation of the Department’s programs by providing the highest quality legal services to the Secretary of HHS and the organization’s various agencies and divisions. The IHS branch provides legal advice to the Indian Health Service (IHS) as it delivers health care to American Indians/Alaska Natives through more than 500 health care facilities. For more information, please see the IHS website at https://www.ihs.gov/. IHS legal matters can be grouped into four major areas. First, attorneys provide legal advice on the implementation and operation of various health care and health care facility construction programs. Second, attorneys work closely with agency staff who negotiate contracts with tribes for health program administration. Third, attorneys defend challenges to agency actions before administrative law judges and assist the Department of Justice with cases brought in Federal court. Fourth, attorneys review the implications of proposed legislation on the IHS health delivery program. You must possess a Juris Doctorate (J.D.) from an accredited ABA law school; Have at least one year (G-12), two years (for GS-13), or three years (for GS-14) of experience after law school as a practicing attorney; Proof that bar status is active, in good standing and eligible to practice in the highest court of a State, U. S. commonwealth, U. S. territory, or the District of Columbia; Candidates must also have exemplary legal writing, analysis and oral advocacy abilities, and possess excellent interpersonal skills.
Under the direction of the Tribal Court Judges and the Tribal Court Administrator, the Tribal Court Clerk will perform varied duties including but not limited to preparing for and managing court docket and performing administrative duties related to the Tribal Court.
• Providing office and case management support to Tribal Court including but not limited to: processing documents filed in and initiated by the Tribal Court, distributing and assisting in the development of court forms, communicating Tribal ordinances and policies, scheduling meetings and court hearings, processing daily mail, answering telephones.
• Responsible for tasks associated with Tribal Court hearings, including sending notices of hearings, Court Orders, and other court documents, managing recording and storing recorded hearing files, establishing dockets and maintaining case files.
• Providing excellent customer service to all who interact with the Tribal Court.
• Perform related duties, as assigned.
• Must have knowledge of: the functions, operations, and scope of authority of the Court; correct English usage, grammar, spelling, punctuation, and vocabulary; computers and assigned software; legal terms and procedures in legal document preparation/processing; applicable laws, codes, regulations, policies, and procedures; creating and maintaining court records and files; legal research and applicable tools.
• High school diploma/GED and minimum three (3) years’ experience working in a Tribal, State, or Federal Court or other legal and/or court-related experience as a paid secretary, paralegal, or clerk.
• A bachelor’s degree in a related field can substitute for one (1) year of experience.
Standing Rock Sioux Tribe, Fort Yates, North Dakota
The Standing Rock Supreme Court hears all appeals from the Standing Rock Sioux Tribal Court’s Criminal, Civil, Children’s Courts and convenes a minimum of four (4) times a year. The Supreme Court is comprised of one Chief Justice and two Associate Justices. Applicants for the Associate Justice position should be able to demonstrate relevant legal experience, ability to perform legal research and writing, and timely hear and decide pending cases.
1) Must be at least 25 years of age.
2) Be of High moral character and integrity.
3) Must never have been convicted of a crime, other than traffic offenses, for which a punishment of imprisonment was imposed
4) Must not have been dishonorably discharged from the Armed Services.
5) Must be physically able to perform the duties of the office, and
6) All Applicants for Associate Justice must demonstrate adequate education, training and experience in law. Salary Negotiable. Open until filled.
Applicants: Applications shall be in writing, to include a cover letter, resume documenting
education and experience in law, two (2) Letters of Reference, and any other submissions at the
option of the applicant. All applications will be considered on merit.
Applications and inquiries regarding the Associate Supreme Court Justice positions may
be submitted to Ms. Dellis M. Agard, Court Administrator, Standing Rock Sioux Tribal
Court, via regular mail at PO Box 363, Fort Yates, North Dakota, 58538, or via E-mail to
dagard@standingrock.org. Ms. Agard may be contacted at Telephone No. 701-854-7244.
Term Law Clerk
US District Court for the Western District of Washington, Seattle, WA
The U.S. District Court for the Western District of Washington is seeking qualified candidates for one Term Law Clerk position for United States District Judge Lauren King in Seattle, Washington. The start date is Monday, August 31, 2026. This position is full-time (80 hours per two-week period). The term length is 12 months but may be extended by mutual agreement.
Law clerks work closely with the Judge on civil and criminal litigation filed in District Court. Law clerks conduct research and prepare drafts of opinions and orders. Law clerks will also have the opportunity to work on various long-term projects, be involved in courtroom proceedings, and assist in the judicial extern program.
Candidates must possess excellent research and writing skills. They must also be law school graduates from an accredited law school; be organized and work well independently; and be experienced with Word, Westlaw, Lexis, and related platforms. Judge King’s selection process involves a legal research and writing assignment; therefore, candidates must have access to Westlaw or Lexis. Candidates must also have at least one year of federal clerkship experience or at least two years of litigation experience prior to the position start date.
The Tempe, Arizona office of Rothstein Donatelli, LLP, is seeking an associate attorney for its Indian law practice group. The ideal candidate will have five or more years of experience with a demonstrated commitment to the highest quality of legal practice, excellent research and writing skills, and experience in practicing Federal Indian law, including gaming, economic development, transactional matters, and litigation.
Qualifications
• Juris Doctor (J.D.) degree from an ABA-accredited law school.
• Active member in good standing with the AZ State Bar.
• 3-5 years of experience required. 5-10 years of experience preferred.
• Excellent written and oral advocacy skills.
Salary: 105,000-180,000 Open until filled.
Interested candidates should send a cover letter, resume, references, and writing sample to Victoria Acosta at info@rothsteinlaw.com. The position will remain open until it is filled. Salary competitive in the Tempe market depending on experience.
U.S. Dept of Health and Human Services, Office of the General Counsel, Public Health Division, Indian Health Service Branch Multiple including Bethesda, MD
The Office of the General Counsel is the legal team for HHS, providing quality representation and legal advice on a wide range of highly visible national issues. OGC supports the development and implementation of the Department’s programs by providing the highest quality legal services to the Secretary of HHS and the organization’s various agencies and divisions. The IHS branch provides legal advice to the Indian Health Service (IHS) as it delivers health care to American Indians/Alaska Natives through more than 500 health care facilities. For more information, please see the IHS website at https://www.ihs.gov/. IHS legal matters can be grouped into four major areas. First, attorneys provide legal advice on the implementation and operation of various health care and health care facility construction programs. Second, attorneys work closely with agency staff who negotiate contracts with tribes for health program administration. Third, attorneys defend challenges to agency actions before administrative law judges and assist the Department of Justice with cases brought in Federal court. Fourth, attorneys review the implications of proposed legislation on the IHS health delivery program. You must possess a Juris Doctorate (J.D.) from an accredited ABA law school; Have at least one year (G-12), two years (for GS-13), or three years (for GS-14) of experience after law school as a practicing attorney; Proof that bar status is active, in good standing and eligible to practice in the highest court of a State, U. S. commonwealth, U. S. territory, or the District of Columbia; Candidates must also have exemplary legal writing, analysis and oral advocacy abilities, and possess excellent interpersonal skills.
Under the direction of the Tribal Court Judges and the Tribal Court Administrator, the Tribal Court Clerk will perform varied duties including but not limited to preparing for and managing court docket and performing administrative duties related to the Tribal Court.
• Providing office and case management support to Tribal Court including but not limited to: processing documents filed in and initiated by the Tribal Court, distributing and assisting in the development of court forms, communicating Tribal ordinances and policies, scheduling meetings and court hearings, processing daily mail, answering telephones.
• Responsible for tasks associated with Tribal Court hearings, including sending notices of hearings, Court Orders, and other court documents, managing recording and storing recorded hearing files, establishing dockets and maintaining case files.
• Providing excellent customer service to all who interact with the Tribal Court.
• Perform related duties, as assigned.
• Must have knowledge of: the functions, operations, and scope of authority of the Court; correct English usage, grammar, spelling, punctuation, and vocabulary; computers and assigned software; legal terms and procedures in legal document preparation/processing; applicable laws, codes, regulations, policies, and procedures; creating and maintaining court records and files; legal research and applicable tools.
• High school diploma/GED and minimum three (3) years’ experience working in a Tribal, State, or Federal Court or other legal and/or court-related experience as a paid secretary, paralegal, or clerk.
• A bachelor’s degree in a related field can substitute for one (1) year of experience.
Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)— were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense.
Turtle Talk 
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