Download (PDF): Settlement Agreement and Memorandum of Understanding
Links:
Kan. Dept. of Agriculture
Kansas Reaches Water Rights Agreement With Kickapoo Tribe (9/9/16)
Kickapoo Indian Reservation Water Right Settlement Agreement (9/14/16)
tribal water rights
Kickapoo Water Rights Claim Fails
Here are the materials in Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Black (D. Kan.):
248 Watershed District Motion for Summary J
291 Kickapoo Motion for Summary J
An excerpt:
As is evidenced by the briefing, this case has a long and complex factual background. However, the facts material to the pending motions are few and uncontroverted. The Kickapoo Indian Reservation (“Reservation”) lies almost entirely within the District’s boundaries. The Tribe and the District entered into the Watershed Plan and Environmental Impact Statement for the Upper Delaware and Tributaries Watershed (“Agreement”) in 1994 to serve as co-sponsors of a project aimed to carry out works of improvement for soil conservation and for other purposes, including flood prevention. The parties agreed to co-sponsor the project after failed attempts by each party to sponsor the project on its own. The parties reached the Agreement following a procedure established by the United States Department of Agriculture’s Soil Conservation Service (“SCS”), now known as the National Resource Conservation Service, under what is referred to as P.L. 83–566 (the Watershed Protection and Flood Prevention Act, 16 U.S.C. § 1001 et seq.). Many years of planning and negotiation by both parties and numerous other contractors, government officials, and agencies preceded the Agreement. In addition to twenty floodwater retarding dams and other various improvements, the Agreement included plans for a multipurpose dam with recreational facilities, otherwise known as the “Plum Creek Project.”
On multiple occasions, the Tribe asked the District to exercise its power of eminent domain to condemn non-Indian-owned land for the Plum Creek Project that the Tribe had been unable to acquire on its own. The District declined the Tribe’s request each time. The Tribe filed this water rights action on June 14, 2006, seeking declaratory relief, injunctive relief, compensatory damages, and specific performance. In essence, the Tribe claims that the Agreement is a binding contract that obligates the District to condemn 1,200 acres of land on the Tribe’s behalf to build the Plum Creek Project.The parties agree that the issue before the court in both summary judgment motions boils down to this: Does the Agreement unambiguously require the District to exercise its eminent domain powers on the Tribe’s behalf to acquire non-Indian land necessary to build the Plum Creek Project? The Tribe contends the answer is yes, and the District argues that the answer is no.
City Ethics Blog Post on the Kickapoo Water Rights Case
Here. Interesting cross-posting on local government ethics, legislative immunity, and Indian law. An excerpt: Continue reading
Kansas Kickapoo Water Rights Claim Partially Dismissed
Here are the materials in Kickapoo Tribe of Indians of the Kickapoo Reservation in Kan. v. Black (D. Kan.):
DCT Order Dismissing Individual Defendants
Individual Defendants Motion to Dismiss
And:
Squaxin Island: 4th Annual Tribal Water Rights Conference – Climate Change: Impacts to Water, Fish, Cultures, Economies, and Rights
4th Annual Tribal Water Rights Conference – Climate Change: Impacts to Water, Fish, Cultures, Economies, and Rights
When: October 24-25, 2007
Where: Squaxin Island Tribe’s Little Creek Casino Resort, Shelton
Agenda and Registration: http://www.wateradvocacy.org
The Center for Water Advocacy, the Squaxin Island Tribe, and the Indian Law Sections of the Washington and Oregon State Bars are sponsoring the Fourth Annual Northwest Tribal Water Rights Conference to take place at the Squaxin Island Tribe’s Little Creek Casino Resort in Shelton. The conference will address a broad range of areas relating to the impact of climate change on the reduction of stream flows and how such reductions impact tribal interests in the Pacific Northwest.
With your participation, we expect to create a regional dialogue to address an urgent need communicated by tribes to become more united in confronting global warming and protecting tribal fisheries, instream flows, treaty rights, and water quality. This year, we will focus not only on recent information suggesting that climate change is proceeding more rapidly than anticipated, but also on strategies for addressing these issues.
As part of the conference, please join us for a reception and complimentary refreshments hosted by the Squaxin Island Tribe on Wednesday, October 24, at the Squaxin Island Museum Library and Research Center in Shelton from 5:00-7:00 pm. We have invited Winona LaDuke, executive director of Honor the Earth, to be our special guest at the reception.
For questions regarding the conference, please contact: Terry Shepherd, conference coordinator, nepatalk@uci.net or 970-420-9148.
Cost: $275
Approved for 9.5 CLE credits (includes 1.0 ethics)
Turtle Talk 