NARF Launches The Headwaters Report

The Headwaters Report – is a new digital blog site, bulletin, and source for Tribal water law information and resourcesThe Headwaters Report presents accessible information on foundational Tribal water law concepts and practices as well as current and emerging water-related issues.

    The first article focuses on the Clean Water Act, a 50-year-old law that, among other things, allows Tribes to assert regulatory jurisdiction over water quality and activities that impact water quality within reservation boundaries. In our next Report update, we plan to address the changes the Trump Administration is attempting to make to the Clean Water Act and how that may affect Tribal Nations.

    In the Report you will also find several slide decks on Tribal water rights information, including one on the basics of Tribal water rightsgeneral stream adjudications, and Indian water rights settlements. We intend The Headwaters Report to act not only as a clearinghouse for Tribal water law and policy information, but as a place to bring questions and to get guidance.

    Tenth Circuit Affirms Dismissal of Effort to Relitigate San Juan Basin Water Rights

    Here is the unpublished opinion in Clark v. Haaland.

    Briefs:

    Opening Brief

    Federal Brief

    Navajo Brief

    New Mexico Brief 

    Reply

    Two New Papers by Dylan Hedden-Nicely

    Journal Water:  Water Governance in an Era of Climate Change: A Model to Assess the Shifting Irrigation Demand and Its Effect on Water Management in the Western United States

    https://doi.org/10.3390/w16141963

    Harvard Environmental Law Review: Rebalancing Winters: Indigenous Water Rights and Climate Change in the Western United States

    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4932971

    D.C. Circuit Briefs in Hill v. DOI [Challenge to Crow Water Rights Settlement]

    Here:

    Hill Opening Brief

    Federal Answer Brief

    Lower court materials here.

    Federal Circuit Allows Some Aspects of Ute Water Rights Breach of Trust Claim to Proceed

    Here are the materials in Ute Indian Tribe v. United States:

    Lower court materials here.

    Klamath Tribes Prevail in Klamath River Suit

    Here are the materials in Klamath Tribes v. Bureau of Reclamation (D. Or.):

    SCOTUS Denies Cert in McCarren Act Issue re: Klamath River

    Here is today’s order list.

    The petition in Klamath Irrigation District v. Bureau of Reclamation is here.

    The BOR is here.

    Reply is here:

    Federal Brief in Opposition in Klamath River Matter [McCarren Act]

    Here is the brief in Klamath Irrigation District v. Bureau of Reclamation (No. 23-216):

    Petition is here.

    D.C. Federal Court Dismisses Crow Allottees Challenge to Water Rights Settlement

    Here are the materials in Hill v. Dept. of the Interior (D.D.C.):

    14 Amended Complaint

    16 Motion to Dismiss

    20 AAA Response

    23 Reply

    25 DCT Order

    Heather Tanana to Speak at UMLS Next Week