Here are the materials in Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):
914 Klamath Water District Amicus Brief
917 Klamath Water Users Opposition
Prior post here.
Klamath Tribes
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.):
Additional materials (9/8/22):
Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]
Here is the petition in Bales v. United States:
Question presented:
Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.
Lower court materials here.
Update:
Federal Court Dismisses Property Owners Challenge to Klamath Indian Reserved Water Rights
Here are the materials in Hawkins v. Bernhardt (D.D.C.):
Federal Circuit Decides Baley v. United States [Indian reserved water rights to Klamath River water predate farmers]
Here is the opinion.
Here are the briefs:
klamath-tribe-amicus-brief.pdf
Friday Job Announcements
Klamath Tribes
Water Attorney(RFQ). The Tribes is accepting “Qualification Statements” from attorneys or law firms that are active members in good standing of the Oregon State Bar (or is willing to obtain admission into the Oregon State Bar at own expense) and have experience in Oregon water law and Indian Water Rights. The primary purpose is to provide legal advice and represent the Klamath Tribes on a number or critical natural resource and water-related issues ongoing in the Klamath Basin. RFQI’s will be accepted up to 4PM on October 10, 2017.
Ho-Chunk Nation
Tribal Prosecutor, Black River Falls, W.I. The position hours are Monday-Friday 8 AM-4:30 PM. Pay depends on qualifications. Interested applicants should submit an application, resume, and transcripts if they are within 2-5 years of graduating law school. Applicants may visit the Ho-Chunk nation website to apply.
Confederated Tribes of the Colville Reservation
Managing Attorney, Office of the Reservation Attorney. Requires JD/LLM from ABA accredited law school, licensure and membership in good standing in any State Bar; must be licensed by the Washington State Bar Association within 2 years of hire. At least 10 years’ experience as an attorney required, with at least 5 years’ experience supervising legal office attorneys/staff. Requires experience/expertise in Indian Law, excellent legal research and writing skills, budgeting and organizational skills. Requires expertise and experience in Indian Law and tribal government operations. Must have at least a substantial working knowledge in applicable federal and state laws, regulations and rules related to tribal governmental operations. Must be familiar with the applicable laws, rules and regulations pertaining to tribal jurisdiction/sovereignty. Salary DOE; provides generous health and retirement benefits. Requires completed application, cover letter, resume listing at least three professional references and writing sample. Contact Human Resources at www.colvilletribes.com for application materials and more information. Open until filled. First round applications review Sept. 15, 2017.
Navajo Nation Washington Office
Government and Legislative Affairs Associate. Assists the Nation with protecting its interests by assisting on proposed and pending congressional legislation and policy initiatives. Visit the Navajo Nation website to apply. Open until filled.
DNA-People’s Legal Services
Medical Legal Partnership Attorney, Tuba City, A.Z. In collaboration with hospitals and health systems, we provide free, comprehensive legal services to low-income children and their families in the medical home setting. Provide trainings, resources, and technical assistance to medical and social service providers on the full range of health care programs and services that benefit patients. Conduct systemic advocacy to improve access to health care and reduce barriers to support programs for low-income children and their families. This position reports to the Managing Attorney. The MLP program is a client referral program from doctors, who have been trained by the MLP
attorney to identify legal issues. Closes October 13, 2017.
Staff Attorney, Hopi Public Defender. Visit the DNA-People’s website to apply. Also closes October 13.
Berkey Williams LLP
Indian Law Fellowship, Berkeley, C.A. The one-year Fellowship offers a competitive salary, full benefits, training, and the opportunity to work with experienced attorneys in a firm focused exclusively on serving Indian tribes and tribal organizations. The Fellowship begins in September, 2018, with some flexibility depending upon the candidate’s schedule. Interested law school graduates or 3rd year law school students should send a cover letter, resume and a writing sample to Gloria Coronado, ICWA/Administrative Assistant, at gcoronado@berkeywilliams.com. No phone calls please. Deadline to apply is October 6, 2017.
California Indian Legal Services
Staff Attorney, Sacramento office. The Staff Attorney will assume a varied case load that may include: brief counsel and services to low income Indian individuals; state and federal court litigation; contract negotiation; advising tribal clients; developing and implementing constitutions, codes, and policies for tribal clients; making presentations; and ICWA related dependency cases. Submit a resume, cover letter, and writing sample to Patricia De La Cruz-Lynas, Director of Administration, California Indian Legal Services, Re: Sacramento Staff Attorney, 117 J Street, Suite 300, Sacramento, CA 95814. E-mail hiring@calindian.org. We will accept applications until the position is filled. All applicants will be notified when a final hiring decision is made.
Last Friday Job Announcements: 9/1/17
Ninth Circuit Decides Klamath-Trinity River Flow Dispute in Favor of Feds and Tribes
Here is the opinion in San Luis & Delta-Mendota Water Authority v. Haugrud.
From the court’s syllabus:
The panel affirmed in part and reversed in part the district court’s judgment, and held that the Bureau of Reclamation had the authority to implement the 2013 release of Trinity River water from the Lewiston Dam, above and beyond the amount designated in the applicable water release schedule.
Reversing the district court, the panel held that the Act of August 12, 1955, gave the Bureau the authority to implement the 2013 flow augmentation release to protect fish in the lower Klamath River. Affirming the district court, the panel also held that the 2013 flow augmentation release did not violate Central Valley Project Improvement Act (“CVPIA”) section 3406(b)(23), which called for a permanent water release that would serve only the Trinity River basin. The panel further held that the 2013 flow augmentation release did not violate California water law and, in turn, did not violate the Reclamation Act of 1902 or CVPIA section 3411(a), both of which require the Bureau to comply with state water permitting requirements.
Briefs here.
Job Posting: Klamath Tribes Court Administrator
Here.
Congrats to Jeremy Brave-Heart, New Klamath Chief Judge
Here is “Tribal chief judge sworn in — Judge Jeremy Brave-Heart travels monthly to Chiloquin court.”
Izhaadaa giizhigowande!
Oregon COA Affirms Governor’s Authority to Enter into Indian Gaming Compacts
Here are the materials in Dewberry v. Kitzhaber (Or. App.):
Respondents Joint Answer Brief
An excerpt:
In summary, the Oregon legislature authorized the Governor to enter into agreements with tribes to ensure that the state does not infringe on tribal rights under federal laws, such as IGRA. The trial court correctly concluded that the Governor acted lawfully under ORS 190.110 in negotiating and entering into the tribal-state compact with the Tribes.
Turtle Talk 
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