Powder River

Oregon CoA Affirms Illegal Hunting Conviction for Nez Perce Member

Sarah M Donnelly

Download decision here.

By using State v. Buchanon, 978 P.2d 1070 (Wash. 1999), the Oregon courts held that treaty hunting can only happen on traditional hunting grounds.  The bighorn sheep were taken on land south of the Powder River, which state witnesses testified was the Nez Perce Tribe’s southern border due to historical conflicts with the Northern Paiutes.

Defendant was charged in November 2008 after bringing the sheep to the Oregon Department of Fish and Wildlife for tagging so they could be stuffed.

The case is State v. James Bronson, Jr., 586 P.3d 154 (Ore. Ct. of App. 2016).

 

Tongue River Dispute — Montana v. Wyoming Orig.

Matthew L.M. Fletcher

This case arises out of a dispute between the two states over the Tongue River, which serves as a source of water for the Northern Cheyenne: “The Northern Cheyenne, whose primary water source is the Tongue River, lent their support to Montana in a move to protect their own claims. The compact specifically says that nothing in the document ‘shall be so construed or interpreted as to affect adversely any rights to the use of the waters of the Yellowstone River and its tributaries owned by or for Indians, Indian tribes and their reservations.'” (from the Billings Gazette).

Here is the government’s brief favoring Montana’s position.

Other briefs will be posted as they come on line.