Here are the en banc stage materials in United States v. Abouselman:
Order Denying Petition for Rehearing
Panel materials here.
Indian water rights
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
The complaint is here.
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 75 Klamath Motion to Dismiss
ECF 76 Feds Response to Motion to DIsmiss
ECF 83 Hoopa Reply Re Dismissal
ECF No 77 ShastaViewOppMotDismiss
Here is a new pleading in a related case, Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):
Tenth Circuit Briefs in United States v. Abousleman
Tribal Water Law
8th Annual Tribal Water Law Conference
September 26-27, 2019
Hilton Resort & Villas, Scottsdale, AZ
Get some CLE’s and listen to Matthew Fletcher on Maintaining a Tribal Homeland in the Modern Era. More information 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
340 Utility and State Response
369 Utility and State Response
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.):
108 Ak-Chin Motion for Summary J
115 US Reply in Support of 107
116 Ak-Chin Reply in Support of 108
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.):
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.
