Tenth Circuit Briefs in United States v. Abousleman


US Opening Brief

Pueblos Amicus Brief

New Mexico Brief

Jemez River Basin Water Users Coalition Brief

Association of Community Ditches of Rio San Jose Amicus Brief

El Rito Ditch Asociacion Amicus Brief

US Reply

Pueblo Intervenors Reply

Lower court materials here.

Federal Circuit Decides Baley v. United States [Indian reserved water rights to Klamath River water predate farmers]

Here is the opinion.

Here are the briefs:











Idaho SCT Decides Coeur d’Alene Tribe Water Rights Matter Largely in Tribe’s Favor

Here is the opinion in In re:CSRBA Case No. 49576 (Idaho S. Ct.).


Idaho Opening Brief

Appellants Opening Brief

US Response Brief

Coeur d’Alene Tribe Response Brief

HECLA Response Brief

North Idaho Water Rights Alliance Response Brief

Idaho Response Brief

Coeur d’Alene Tribe Reply

US Reply Brief

Appellants Reply

Idaho Reply Brief

Navajo Water Rights Trust Breach Case Dismissed

Here are the updated materials in Navajo Nation v. Dept. of the Interior (D. Arizona):

Third Amended Complaint materials

339 US Response

340 Utility and State Response

346 Navajo Reply

360-1 Navajo Renewed Motion

369 Utility and State Response

370 US Response

375 Navajo Reply

385 DCT Order

Prior posts here.

Ak-Chin Prevails (with US Help) in Water Dispute with Central Arizona Water Conservation District

Here are the materials in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.):

65 CAWCD Counterclaim

74 US Answer

76 US Motion to Dismiss 65

80 CAWCD Response to 76

82 Reply in Support of 76

102 US Cross Claim

107 US Motion for Summary J

108 Ak-Chin Motion for Summary J

112 CAWCD Cross MSJ

115 US Reply in Support of 107

116 Ak-Chin Reply in Support of 108

117 CAWCD Reply

126 DCT Order

Prior posts here.

Federal Court Rejects Individual Blackfeet Members’ Objection to Water Compact

Here are the materials in Enrolled Members of the Blackfeet Tribe v. Crowe (D. Mont.):

1 Pro Se Complaint

20 US Motion to Dismiss

29 Motion to File Amended Complaint

33 US 2d Motion to Dismiss

43 Magistrate Findings

47 Many Hides Objection

48 Ingram Objection

50 US Reply

51 Olson Objection

52 US Reply to 51

53 DCT Order

Bob Anderson on Indigenous Rights to Water and Environmental Protection

Robert T. Anderson has published Indigenous Rights to Water & Environmental Protection in the Harvard Civil rights-Civil Liberties Law Journal.

an excerpt:

This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part III. Part IV reviews the Dakota Access Pipeline controversy and the shortcomings of federal law in protecting tribal reservations and resources. Part V concludes with recommendations for enhanced and improved access to justice as well as substantive changes in the law to advance environmental protection for Indian tribes in the United States.