water rights

New Mexico Federal Court Determines that Winters Applies to Santa Ana Pueblo Water Rights Claim . . . Or something like that

Matthew L.M. Fletcher

Here are the new materials in United States v. Abouselman (D.N.M.):

4475 Pueblo of Santa Ana Brief.pdfDownload
4476 US Brief.pdfDownload
4485 New Mexico Brief.pdfDownload
4489 US Reply.pdfDownload
4490 Pueblo Reply.pdfDownload
4506 DCT Order.pdfDownload

Prior post here.

A view of ABQ, unrelated to this case.

Utah Federal Court Dismisses Ute Water-Related Breach of Trust Claims

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. Dept. of the Interior (D. Utah):

199 Water District Motion to Dismiss

200 US Motion to Dismiss

201 Utah Motion to Dismiss

207 Response to Water District Motion

208 Response to State Motion

210 Response to US Motion

214 Utah Reply

215 US Reply

216 Water District Reply

244 DCT Order

Prior post here.

Second Klamath Irrigation District v. Bureau of Reclamation Cert Petition [McCarren Act Issues]

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Question presented:

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.

The first petition is here.

Gila River Indian Community and San Carlos Apache Tribe Win Water Rights Dispute

Matthew L.M. Fletcher

Here are the materials in Gila River Indian Community v. Schoebroek (D. Ariz.):

78 Gila River MSJ

85 Schoebroek Opposition

87 Schoebroek MSJ Claim Preclusion

89 Schoebroek MSJ on Jurisdiction

100 Gila River Reply ISO 78

101 Gila River Opposition to 87

103 Gila River Opposition to 89

107 Reply ISO 87

108 Reply ISO 89

111 Schoebroek MTD San Carlos Complaint

112 San Carlos Apache Complaint in Intervention

116 Tribes Motion for Sanctions

117 San Carlos Opposition

118 Reply ISO 111

119 Opposition to 116

120 Reply ISO 116

137 DCT Order

Prior post here.

SCOTUSBlog Recap of Arizona v. Navajo Opinion

Matthew L.M. Fletcher

Here.

Opinion and stuff here.

SCOTUS Rejects Navajo Nation’s Water Rights Trust Claim 5-4

Matthew L.M. Fletcher

Here is the opinion in Arizona v. Navajo Nation.

Background materials here.

Split Ninth Circuit Panel Rejects Klamath Irrigation District’s Forum Shopping Efforts Designed to Thwart Bureau of Reclamation’s Release of Water for Tribal Purposes

Matthew L.M. Fletcher

Here are the materials in In re Klamath Irrigation District:

Opinion

Petition for Writ of Mandamus.pdfDownload
BOR Response.pdfDownload

Ute Tribe Sues Farm over Water Rights

Matthew L.M. Fletcher

Here is the complaint in Ute Indian Tribe of the Uintah and Ouray Reservation v. McKee (D. Utah):

1 Complaint.pdfDownload

SCOTUSBlog Recap of Arizona v. Navajo Nation Oral Argument

Matthew L.M. Fletcher

Here is “Justices appear divided over Navajo Nation’s water rights.”

Background materials on the case are here.

According to the U.S., this area is entitled only to the water that the Navajos can find there.

SCOTUS Denies Cert in Challenge to Spokane Tribe Water Agreement

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Sulgrove v. Spokane Indian Tribe.

Lower court materials here.

This has nothing to do with this case.