Tenth Circuit Denies En Banc Petition in Pueblo Water Rights Matter

Here are the en banc stage materials in United States v. Abouselman:

En Banc Petition

US Response

Order Denying Petition for Rehearing

Panel materials here.

Ninth Circuit Oral Argument Video in Navajo Nation v. Dept. of the Interior [water rights]

Here:

Briefs are here.

Tenth Circuit Holds Pueblo Water Rights NOT Extinguished by Spain

Here is the opinion in United States v. Abouselman.

Briefs and lower court materials here.

Ak-Chin Indian Community Water Rights Claim to Proceed

Here are the materials so far in Ak-Chin Indian Community v. Maricopa-Stanfield Irrigation & Drainage District (D. Ariz.):

2020-05-08 – Dkt 011 – Maricopa-Stanfield_s Motion to Dismiss

2020-05-08 – Dkt 012 – Central Arizona Irrigation Motion to Dismiss

2020-05-29 – Dkt 017 – Plt_s Consolidated Response in Opposition to Defs_ Motions to Dismiss

2020-06-15 – Dkt 021 – Reply ISO Maricopa-Stanfield Irr & Drainage District_s Motion to Dismiss

2020-06-15 – Dkt 022 – CA Irr & Drainage District_s Reply ISO Motion to Dismiss

DCTOrderAk-Chin

The complaint is here.

DC Bar Indian Country Water Panel on 9/10

Folks can register here:

WEBCAST: Water Is Life: Inside the Struggle over Access to Water in Indian Country

Date(s):September 10, 2020

Event start time:  12:00 PM

Event end time:  2:00 PM

Credit: 0 Credit Hours

The coronavirus pandemic has focused public attention on water insecurity in Native American communities. On the Navajo Nation, for example, recent studies show that at least 15% of the population lacks access to running water. This event will feature elected officials, lawyers, and members of civil society who are working to protect and realize the right to safe, clean drinking water across Indian Country through litigation, advocacy, and infrastructure development.

Pre-registration for this program is required. As always, please feel free to share this invitation with colleagues. D.C. Bar membership is not required to attend.

Are you a current law student and looking to register for one of our programs? Learn about the D.C. Bar Law Student Community and attend most individual programs at a discounted rate. Find out more here.

Webinar registrants will receive access information by logging into the D.C. Bar website. You will need a headset or working computer speakers to hear the audio portion of the presentation.

Sponsored by: Indian Law Committee of the D.C. Bar Environment, Energy and Natural Resources Community

Related Community of Interest: D.C. Bar Law Student Community

Program Partner:  American Bar Association, Section of Environment, Energy and Resources (ABA-SEER); Environmental Law Institute (ELI); Native American Bar Association D.C. (NABA-DC)

Speakers:

  • Bryan Newland, Chairman, Bay Mills Indian Community
  • Katie Brossy, Senior Counsel, Akin Gump Strauss Hauer & Feld LLP
  • Emma Robbins, Navajo Water Project Director, DigDeep
  • Rose Petoskey, President, Native American Bar Association of DC (Moderator)

Federal Court Refuses to Enforce Ute Tribal Court Order over Water Rights

Here are the materials in Ute Indian Tribe v. McKee (D. Utah):

55 Tribe Motion for Summary Judgment

55-1 Volume I of Appendix

60 McKee Cross-Motion

64 Ute Reply

68 McKee Reply

89 DCT Order

Prior post here.

Hoopa Valley Tribe Sues Bureau of Reclamation over Water

Here is the complaint in Hoopa Valley Tribe v. United States Bureau of Reclamation (N.D. Cal.):

HCN: “Contested water settlements inflamed the Navajo Nation’s health crisis”

Here.

Federal Court Rejects Walker River Irrigation District Equitable Defenses to Winters Rights

Here are the materials in United States v. Walker River Irrigation District (D. Nev.):

2606 Joint Federal Tribal Motion

2619 Response

2622 Reply

2626 DCT Order

Commentary on COVID and Access to Safe Drinking Water in Indian Country

From Cynthis Harris, here is “Disparity, Disease, and Drinking Water: COVID-19 and Safe Drinking Water Access in Indian Country.”