Update in Klamath River Flow Litigation [Rule 19 Motion]

Here are updated materials in Klamath Irrigation District v. Bureau of Reclamation (D. Or.):

Dkt 89 Magistrate Findings and Recommendation of Dismissal

ECF 70 Second Amended Complaint

ECF 73 Shasta 2nd amended complaint

ECF 74 HVT Motion to Dismiss

ECF 75 Klamath Motion to Dismiss

ECF 76 Feds Response to Motion to DIsmiss

ECF 83 Hoopa Reply Re Dismissal

ECF No 77 ShastaViewOppMotDismiss

ECF No 78 KIDopposMotDismiss

Here is a new pleading in a related case, Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):

909-1 Yurok Motion

Tenth Circuit Briefs in United States v. Abousleman


US Opening Brief

Pueblos Amicus Brief

New Mexico Brief

Jemez River Basin Water Users Coalition Brief

Association of Community Ditches of Rio San Jose Amicus Brief

El Rito Ditch Asociacion Amicus Brief

US Reply

Pueblo Intervenors Reply

Lower court materials here.

Navajo Water Rights Trust Breach Case Dismissed

Here are the updated materials in Navajo Nation v. Dept. of the Interior (D. Arizona):

Third Amended Complaint materials

339 US Response

340 Utility and State Response

346 Navajo Reply

360-1 Navajo Renewed Motion

369 Utility and State Response

370 US Response

375 Navajo Reply

385 DCT Order

Prior posts here.

Ak-Chin Prevails (with US Help) in Water Dispute with Central Arizona Water Conservation District

Here are the materials in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.):

65 CAWCD Counterclaim

74 US Answer

76 US Motion to Dismiss 65

80 CAWCD Response to 76

82 Reply in Support of 76

102 US Cross Claim

107 US Motion for Summary J

108 Ak-Chin Motion for Summary J

112 CAWCD Cross MSJ

115 US Reply in Support of 107

116 Ak-Chin Reply in Support of 108

117 CAWCD Reply

126 DCT Order

Prior posts here.

Federal Court Rejects Individual Blackfeet Members’ Objection to Water Compact

Here are the materials in Enrolled Members of the Blackfeet Tribe v. Crowe (D. Mont.):

1 Pro Se Complaint

20 US Motion to Dismiss

29 Motion to File Amended Complaint

33 US 2d Motion to Dismiss

43 Magistrate Findings

47 Many Hides Objection

48 Ingram Objection

50 US Reply

51 Olson Objection

52 US Reply to 51

53 DCT Order

Bob Anderson on Indigenous Rights to Water and Environmental Protection

Robert T. Anderson has published Indigenous Rights to Water & Environmental Protection in the Harvard Civil rights-Civil Liberties Law Journal.

an excerpt:

This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part III. Part IV reviews the Dakota Access Pipeline controversy and the shortcomings of federal law in protecting tribal reservations and resources. Part V concludes with recommendations for enhanced and improved access to justice as well as substantive changes in the law to advance environmental protection for Indian tribes in the United States.

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

Here is the opinion in Crow Creek Sioux Tribe v. United States.


Crow Creek Opening Brief

US Response Brief


Lower court materials.

Tenth Circuit Dismisses Objectors’ Appeal of Pojoaque Valley Water Settlement

Here is the opinion in State of New Mexico v. Aamodt.


Answering Brief for the United States of America

Appellant’s Consolidated Reply Brief to Appellees’ and Appellees in Intervention’s Briefs

Appellant’s Opening Brief

Appellant’s Supplemental Brief Pursuant to the Court’s April 5, 2018 Order

Appellee’s Answer Brief

Joint Answer Brief of Defendants-Appellees Santa Fe County and City of Santa Fe

Joint Supplemental Brief of Appellees State of New Mexico, Santa Fe County, City of Santa Fe and Rio de Tesuque Association, Inc.

Joint Supplemental Brief of Appellees the United States, Pueblo of Nambé, Pueblo of Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque

Response Brief of Appellee the Rio De Tesuque Association, Inc.