water rights

Havasupai Tribe Sues over the Taking of Groundwater

Matthew L.M. Fletcher1 Comment

Here is the complaint in Havasupai Tribe v. Anasazi Water Co. (D. Ariz.):

Complaint

Navajos Seek $160M for Damages in Gold King Mine Spill

Teresa Walrod

“Navajo Nation Attorney General Ethel Branch said in the release that the spill transformed the river from a “life-giver and protector” to a “threat” to the Navajo people, crops and animals.”

Story is HERE.

News Profile of Mni Wiconi Rural Water Supply System

Matthew L.M. Fletcher

Here is “Pipeline protesters say they are fighting to protect clean water for 200,000 South Dakotans.”

Ninth Circuit Oral Argument Video in Agua Caliente v. Coachella Valley Water District

Matthew L.M. Fletcher

Here.

Briefs here.

Washington Supreme Court Ruling in Hirst Protects Instream Flows

Ann Tweedy

In this much anticipated opinion, the Washington Supreme Court has ruled that, in violation of state law, Whatcom County did not ensure the existence of adequate water supplies before issuing building permits. The case will protect stream flows from the “death by a thousand cuts” impact of small wells. Many Washington tribes have sought to protect stream flows from these so-called exempt wells. The opinion is here.

Court of Appeals for District of Columbia Grants Administrative Injunction In Standing Rock Sioux v. Army Corps

Kate Fort

Here.

ORDERED that Dakota Access LLC be enjoined pending further order of the court from construction of the Dakota Access Pipeline for 20 miles on both sides of the Missouri River at Lake Oahe. The purpose of this administrative injunction is to give the court sufficient opportunity to consider the emergency motion for injunction pending appeal and should not be construed in any way as a ruling on the merits of that motion. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2016).

Pleadings here.

Map here. 

Standing Rock v. Army Corps Update: Emergency Motion for Injunction Pending Appeal

Sarah M Donnelly1 Comment

Download(PDF):

Plaintiff’s Emergency Motion for Injunction Pending Appeal

Federal Defendants’ Opposition to Plaintiff-Appellant’s Emergency Motion for Injunction Pending Appeal

Intervenor-Defendant’s Opposition to Emergency Motion for Injunction Pending Appeal

Link: Previous coverage

Kickapoo Indian Reservation Water Right Settlement Agreement

Sarah M Donnelly

Download (PDF): Settlement Agreement and Memorandum of Understanding

Links:

Kan. Dept. of Agriculture
Kansas Reaches Water Rights Agreement With Kickapoo Tribe (9/9/16)
Kickapoo Indian Reservation Water Right Settlement Agreement (9/14/16)

Previous posts

Gabe Galanda’s Interview on Pipeline Protest with Seattle Public Radio

Sarah M Donnelly

Links:

Seattle lawyer explains why the North Dakota pipeline protests mark a historic moment

A RESOLUTION proclaiming the City of Seattle’s Support for the Standing Rock Sioux Tribe’s Opposition to the Construction of the Dakota Access Pipeline

D. N.M. Denies Motion to Amend Judgment in Water Rights Settlement

Sarah M Donnelly

Here are the materials in the matter of New Mexico et al v. Aamodt el al, 66-cv-00639 (D. N.M. Sept. 9, 2016):

Doc. 9972 – Response in Opposition to Motion to Approve Settlement Agreement and Entry of Proposed Partial Final Judgment and Decree

Doc. 10543 – Memorandum Opinion and Order Approving Settlement Agreement

Doc. 10567 – Opposed Motion to Alter or Amend Judgment Pursuant to Rule 59(e)

Doc. 10581 – Plaintiffs-In-Intervention the United States, Pueblo de Nambé, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque’s Response in Opposition to Motion to Alter or Amend Judgment Pursuant to Rule 59(E)

Doc. 10632 – Reply in Support of Motion to Alter or Amend Judgment Pursuant to Rule 59(e)

Doc. 10858 – Memorandum Opinion and Order Denying Opposed Motion to Alter or Amend Judgment Pursuant to Rule 59(e)