From: Indigenous Peoples Issues and Resources – March 22, 2011
Today, the Assembly of First Nations will mark World Water Day.
AFN National Chief Shawn A-in-chut Atleo stated: “World Water Day is an opportunity to make a national commitment to ensuring that First Nations families have safe and clean drinking water. For many First Nations families, it is a daily struggle to get access to clean and adequate supplies of potable water and basic sanitation.”
In Ute Distribution Corp. v. Secretary of Interior, the federal district court in Utah affirmed the Secretary’s decision that the water rights of the mixed-blood (terminated) Utes could be and had been distributed. From the opinion:
For the foregoing reasons, the Court finds that the tribal reserved water rights of the Ute Indian Tribe were both an asset susceptible to equitable and practicable distribution in 1961 and were in fact divided. Although the Court finds that the Secretary’s recent decisions are within the statutory authority provided under the UPA and is thus entitled to deference, under either standard of review, whether it be de novo or arbitrary and capricious, the conclusion is the same. The Secretary’s decision is AFFIRMED.
Slip op. at
federal-tribal-motion-to-dismiss
Turtle Talk 