Here’s a piece by Terry Anderson & Shawn Regan arguing that the reasons that Standing Rock opposes the pipeline have to with the fact that the Tribe couldn’t benefit economically from DAPL due to stifling federal regulation. This is a very troubling argument that I worry is just 50s-era termination in sheep’s clothing.
water rights
Havasupai Tribe Sues over the Taking of Groundwater
Here is the complaint in Havasupai Tribe v. Anasazi Water Co. (D. Ariz.):
Navajos Seek $160M for Damages in Gold King Mine Spill
“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
Ninth Circuit Oral Argument Video in Agua Caliente v. Coachella Valley Water District
Washington Supreme Court Ruling in Hirst Protects Instream Flows
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
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
Kickapoo Indian Reservation Water Right Settlement Agreement
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)
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