Turtle Talk

Wesley J. Furlong and Lori E. Blumenthal have published “Water Knows No Boundaries: Tribal Jurisdiction over Non-Indians’ Off-Reservation Conduct that Threatens On-Reservation Tribal Water Resources” in the Public Lands & Resources Law Review.

Here is the abstract:

This Article begins by discussing Manoomin and Sauk-Suiattle, orienting the reader to how these complicated jurisdictional issues have been addressed by Tribal courts. Next, this Article sets forth the current framework under Montana and Merrion for determining the extent of Tribal civil jurisdiction over non-Indians. Next, this Article examines the caselaw establishing Tribal Nations’ inherent sovereign authority to exercise civil jurisdiction over non-Indian activities and conduct occurring on-reservation that threaten or affect Tribal water resources and rights. Finally, this Article examines the caselaw that lays the groundwork for extending Tribal Nations’ civil jurisdiction over non-Indian activities and conduct occurring off-reservation that threaten or affect on-reservation Tribal water resources and rights.