Stephen Greetham has published “Water Planning, Tribal Voices, and Creative Approaches: Seeking New Paths Through Tribal-State Water Conflict by Collaboration on State Water Planning Efforts” in the Natural Resources Journal.
water rights
Update in Navajo Nation v. Dept. of the Interior (water rights case on remand)
Here:
2018-04-13 Doc 335 NN Mot Leave Intervene
2018-04-13 Doc 335-1 NN Memo in Support of Mot for Leave to Amend
2018-04-13 Doc 335-2 EX 1 – NN Proposed Third Amended Complaint
On remand from the Ninth Circuit, the Nation moves the district court for leave to file its third amended complaint, which restates the Nation’s claims for breach of trust (dismissal of the Nation’s NEPA claims was upheld). The appeals court gave short shrift to the argument by the US, adopted by the district court, that sovereign immunity barred the breach of trust claim, clarifying (consistent with the majority of circuits) that section 702 of the APA, as amended, is a broad waiver of that immunity for claims not seeking money damages.
While continuing to assert that the Secretary as water master for the mainstream of the Colorado River in the Lower Basin breached his fiduciary duties, including the duty of protection explicitly undertaken in the 1849 Treaty of Peace, in management decisions that failed to account for the needs and unquantified rights of the Navajo Nation for homeland purposes, the proposed amended complaint now focuses more particularly on the federal defendants’ historic failure to correct an omission in the Decree in Arizona v. California, omitting lands above Lake Mead, and inducing reliance on limited water supplies by others with rights junior to the Navajo Nation to the detriment of the Nation.
FBA Indian Law Conference Panel on Winters Rights
Trent Crable, Daron Carreiro, Heather Whiteman Runs Him, Joel Williams, Jeanette Wolfley
Ninth Circuit Restores Navajo Nation Trust Breach Claim in Colorado River Water Rights Matter
Here is the opinion in Navajo Nation v. Dept. of the Interior.
An excerpt:
The panel held that the Nation’s breach of trust claim was not barred by sovereign immunity, and remanded to the district court to consider the claim on its merits. The panel held that the broad waiver of sovereign immunity found in § 702 of the Administrative Procedure Act (“APA”) waived sovereign immunity for all non-monetary claims, and § 704 of the APA’s final agency action requirement constrained only actions brought under the APA. The panel concluded that the Nation’s breach of trust claim sought relief other than money damages, and the waiver of sovereign immunity in § 702 applied squarely to the claim.
Lower court materials here.
Cultures Under Water: Climate Impacts on Tribal Cultural Heritage CLE
December 6* -8, 2017
8 a.m. – 7:30 p.m.
Memorial Union, Ventana Ballroom
1290 S. Normal Ave., Tempe, AZ 85287
Tempe campus
Extreme weather and climate events have increased over the past 50 years and Indigenous peoples are among the most vulnerable to the adverse effects because they are often inextricably tied to their land. As a result, climate change not only threatens the landscape, but also cultural identity. Indigenous peoples have used traditional knowledge to mitigate climate disruptions and to adapt to the changing environment. However, policy discussions have failed to adequately address climate impacts on cultural heritage, and the rapid rate of climate disruptions continues to threaten indigenous cultures and communities with alarming speed. This conference will build on the discussions of climate change, adaptation, and traditional knowledge by focusing specifically on climate impacts on tribal cultural heritage.
We will bring together tribal leadership and members, scientists, scholars, attorneys and activists to discuss climate change threats and challenges faced by indigenous communities. The goal is to share knowledge and resources with tribal representatives to respond to threats to cultural heritage by addressing: Is cultural heritage a human right, and why is tribal cultural heritage important? How does climate change impact tribal cultural heritage? How can tribal communities maintain cultural heritage in the face of changing climate risks? Attendees will participate in sessions that focus on identifying obstacles and proposing solutions to these challenges.
*Note: December 6 is evening only and will feature Before The Flood by Fisher Stevens. This film features Leonardo DiCaprio with contributions by many scientists and researchers from around the world, who meet and discuss the reality of climate change in various locations on five continents as they witness climate change firsthand.
On the evening of December 7, there will be a staged reading of nationally acclaimed playwright Mary Kathryn Nagle ’s play, Fairly Traceable. This play tells the story of two young attorneys – one a citizen of the Ponca Tribe of Oklahoma, the other a citizen of the Pointe-au-Chien Indian Tribe in southern Louisiana – who are both fighting to save their Tribal Nations and families from climate change. Click here to read reviews.
- State Bar of Arizona does not approve CLE activities, however, this activity may qualify for approximately 7 credit hours, plus 1.5 credit hours for the Fairly Traceable play. Total of 8.5 credit hours.
Register at: law.asu.edu/climateimpacts
Questions? Contact Jennifer Williams at jennifer.h.williams@asu.edu or 480-727-0420
SCOTUS Denies Cert in Agua Caliente Water Rights Case
Montana SCT Affirms Constitutionality of CSKT Water Rights Compact
Cert Stage Briefs in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians
Cert Opposition Briefs in Coachella v. Agua Caliente
Federal Court Concludes Spain Extinguished Jemez, Santa Ana, and Zia Pueblo Water Rights
Here are the available materials in United States v. Abousleman (D.N.M.):
Turtle Talk 
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