water rights

Ninth Circuit Briefs in Agua Caliente Band Water Rights Case

Matthew L.M. Fletcher2 Comments

Here are the briefs in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District:

Water Districts Opening Brief

Agua Caliente Brief

US Briefpdf

2016-02-18 – Dkt 035-1 – Brief Amicus Curiae of the SCA Tribal Chairmen’s Association, et al. in Support of Appellees

2016-02-18 – Dkt 036 – Brief of Amici Curiae Law Professors in Support of Appellee

Reply

Lower court materials here, here, and here.

Squaxin Island Tribe Amicus Brief in State of Washington Water Resource Rule Appeal

Matthew L.M. Fletcher

Here is the brief in Hirst v. Whatcom County (Wash.):

Squaxin Island Amicus Brief

EPA Accepting Comments on Revised Interpretation of CWA Tribal Provisions

Sarah M Donnelly

Link to Request for Comments here.

EPA proposes to conclude definitively that section 518 includes an express delegation of authority by Congress to eligible Indian tribes to administer regulatory programs over their entire reservations. This reinterpretation would eliminate the need for applicant tribes to demonstrate inherent authority to regulate under the Act, thus allowing tribes to implement the congressional delegation of authority unhindered by requirements not specified in the statute. The reinterpretation would also bring EPA’s treatment of tribes under the Clean Water Act in line with EPA’s treatment of tribes under the Clean Air Act, which has similar statutory language addressing tribal regulation of Indian reservation areas.

Comments must be submitted by October 6, 2015.

Montana SCT Briefs in Challenge to Apsaalooke (Crow) Tribe Water Compact

Matthew L.M. Fletcher1 Comment

Here are the briefs in In the Matter of the Adjudication of Existing and Reserved Rights Both Surface and Underground of the Crow Tribe of Indians of the State of Montana:

Appellants Brief

Apsaalooke (Crow) Tribe Brief

US + Montana Brief

Reply Brief

Update in Agua Caliente Band v. Coachella Valley Water District

Matthew L.M. Fletcher1 Comment

Briefs filed by the Tribe and the United States to obtain summary judgment on the water districts’ equitable defenses asserted in response to the Tribe’s claim for a declaration of its federally reserved rights to groundwater.

Here:

2015-09-18 – Dkt 137 – US Notice and Motion for Partial Summary Judgment…

2015-09-18 – Dkt 138 – ACBCI Notice and Motion for Partial Summary Judgm…

Prior materials here.

Human Rights Groups’ Report on Montana Right Wing’s Fight against the CSKT Water Compact

Matthew L.M. Fletcher1 Comment

Here.

Federal Court Dismisses Irrigation District’s Challenge to BIA Control of Flathead Irrigation Water

Matthew L.M. Fletcher

Here are the materials in Flathead Irrigation District v. Jewell (D. Mont.):

56 US Motion to Dismiss

58 Opposition

63 Reply

76 DCT Order

Colville delegated civil enforcement authority by Bureau of Reclamation

Ann Tweedy

Tribal Tribune story is here.

MOU between Colville and Reclamation is here.

Navajo President Plans Lawsuit Over Mine Blowout

Teresa Walrod

Begaye: Warnings there, but no one did anything
From the Durango Herald here

Mine Spill Causes Navajo to Declare Emergency & Shut Down Some Water Systems

Ann Tweedy

Navajo as well as New Mexico and Arizona have been affected by this mine spill. More here.