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.

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.

Federal Court Concludes Spain Extinguished Jemez, Santa Ana, and Zia Pueblo Water Rights

Here are the available materials in United States v. Abousleman (D.N.M.):

4383 Magistrate Report

4384 Jemez and Santa Ana Pueblos Objections

4385 US Objections

4386 Zia Pueblo Objections

4388 Coalition Response

4389 State Reponse

4390 US Reply

4392 Pueblo Reply

4397 DCT Order Adopting Magistrate Report

Amerind Risk Management Corp. v. Blackfeet Housing — Complaint to Compel Arbitration

Here is the complaint in Amerind Risk Management Corp. v. Blackfeet Housing (D. N.M.):

1 Complaint



N.M. SCT to Consider State-Law Dram Shop Actions and Tribal Immunity under N.M. Indian Gaming Compacts

The New Mexico Court of Appeals last May decided Mendoza v. Tamaya Enterprises, Inc. (opinion link here), holding in part that the New Mexico Indian gaming compact signed by the Pueblo of Santa Ana waived tribal immunity in state court to state-law dram shop actions. The New Mexico Supreme Court agreed to review this case.

As readers will know, we’ve been following multiple state cases involving tribal immunity from state law dram shop actions (e.g., cases involving the Mohegans, and tribes in Washington and Oklahoma; broader discussion here).

As Pechanga reported, one personal injury firm in ABQ suggests that Mendoza “significantly curtailed tribal immunity.” That seems to be an exaggeration — at least when it comes to the common law of tribal immunity — in that it appears likely that the New Mexico compacts include a sufficiently broad waiver. But that remains to be seen as well.