Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]

Here is the petition in Bales v. United States:

baley-cert-petition.pdf

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:

05142020-1 PacificCoastFedFishermen Opposition Brief

OpposBriefUSA-20200514173954985_19-1134 Baley

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:

baley-opening-brief.pdf

us-brief.pdf

baley-reply-brief.pdf

hoopa-amicus-brief.pdf

klamath-tribe-amicus-brief.pdf

yurok-tribe-amicus-brief.pdf

indian-law-professors-brief.pdf

nrdc-brief.pdf

oregon-amicus-brief.pdf

pacific-coast-federation-of-fishermen-brief.pdf

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

California Indian Legal Services

Staff Attorney, Escondido, C.A. 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.

Central Council Tlingit and Haida Indian Tribes of Alaska

Court Investigator/GAL (RFP), Juneau, A.K. Tlingit & Haida Tribal Court is soliciting contractual-service proposals for a Guardian Ad Litem (GAL) to represent the interests of minor children and a Court Investigator for cases involving children in the Tribal Court. The Tribal Court will contract with up to three (3) GALs and/or Court Investigator for a one (1) year contact with three (3) one year Options for a maximum of four years.

Confederated Tribes of the Umatilla Indian Reservation

Facilitator, 2018 Board of Trustees Retreat. The Executive Director is seeking cost quotes from vendors for facilitation services related to the Board of Trustees (BOT) strategic planning retreat. In November of odd years, the Board of Trustees is elected and takes office by early December for a 2-year term. The incoming BOT usually holds a 2-3 day retreat in its first few weeks in office to lay out their collective goals and
priorities for the coming two years. The 9-member board typically has had 2-4 new members with the balance being returning members from the previous term (although all nine positions are up for election). Due Friday, November 3, 2017.

Yurok Tribe

Summer 2018 Law Clerks, Klamath, C.A. The Law Clerk position is unpaid. Applicants are encouraged to seek financial support through relevant public interest programs or through other public interest scholarships. If you intend to seek school credit if selected for this position, please briefly summarize the supervisor obligations in your cover letter. To apply to the Law Clerk position, please email the application materials to Legal Secretary, Shawna Bowen, at shbowen@yuroktribe.nsn.us by Monday November 13, 2017.

Little River Band of Ottawa Indians

Staff Attorney, Manistee, M.I. Provide in-house legal services to the Tribe. The duties and obligations of the Tribal Staff Attorney are primarily governed by the Tribe’s Unified Legal Department Act of 2015.

Department of Justice

Assistant U.S. Attorney, Northern District of Oklahoma, Tulsa, O.K. Serve in the Criminal Division prosecuting a wide range of violations of federal criminal law.

Previous Friday Job Announcements10/20/17

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.

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Navajo Nation

Public Defender, Window Rock, AZ. Open until filled.

Ute Mountain Ute Tribe

Associate General Counsel, Justice Department. Applications are due by March 3 and consist of a cover letter, resume and references. The cover letter may be an email. All interested attorneys are encouraged to apply. Applications should be submitted to Peter Ortego, General Counsel at portego@utemountain.org , or call (970) 749 9816 with any questions.

Sitka Tribe of Alaska

Tribal Realty Officer/Tribal Court Specialist. Responsible for providing direct services to restricted property land owners and native allotment applicants within the Sheet’ka Kwaan under supervision of the Tribal Attorney. The Tribal Court Specialist responsibilities of this position requires providing support to the Tribal Court, working closely with the Tribal Court Judges, Tribal Attorney and Social Services department.

Confederated Tribes of Chehalis Reservation

ICWA Attorney for contract, Oakville, Wa. Contractor will advise and represent CTSS in Chehalis Tribal Court as well as other Tribal and State courts in all ICWA, dependency and vulnerable adult cases. Must have Juris Doctorate and five years directly related experience with a preference to American Indian/ Alaska Native communities. Must be an active member of the Washington State Bar Association and eligible for immediate admission to Tribal Court. Valid WA State license and insurability through our insurances, pass background check and pass pre-employment drug testing. Submit letter of interest and resume to: gfrancis@chehalistribe.org.

MHA Nation

Assistant Tribal Prosecutor/Special Assistant US Attorney, New Town, ND. Closing date 3/27/2017. Applications shall be in writing; to include a professional Resume, legal qualifications and any other submissions at the option of the applicant.

ACLU of Montana

Communications Strategist. Applications will be reviewed beginning the week of March 6, 2017 and will be accepted until the position is filled.

Yurok Tribe

Deputy General Counsel, Office of the Tribal Attorney. Open until filled.

Hoopa and Yurok Tribes Prevail in ESA Litigation

Link: Federal Court Protects Klamath Salmon, Tribal and Fishing Communities (Earthjustice), previous post

Materials and briefs in the matter of Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al, 16-cv-04294 (N.D. Cali.):

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Morongo Band of Mission Indians

Tribal Attorney, Full Time, Salary D.O.E.

BASIC DUTIES: Under the direction of the In House General Counsel, the Tribal Attorney shall represent the interests of the Morongo Tribal Government, Morongo Tribal Administration, various Morongo Tribal programs, including but not limited to direct representation in tribal and state court of the Morongo Child and Family Services Department and other Morongo Tribal government / programmatic interests as directed by the In House General Counsel.

EXPERIENCE & EDUCATION: Admitted to practice law and in good standing with the California Bar Association. One (1) year of legal experience working for an Indian Tribe, or a firm representing Tribal interests, or three (3) years of legal experience involving trial work in family law, elder law, child welfare or the Indian Child Welfare Act at the state, tribal or federal level, or other legal experience involving Indian law or related areas. Must have proven excellent past work record evidenced by favorable references from past employers. If no past employer, then letter of reference from either one California State Court Judge or two attorneys admitted to practice in the state in which they practice.  A Juris Doctor Degree from a recognized law school and membership in the California Bar Association. Must have a good academic law school recorded evidenced by law school transcripts.

APPLY: Submit your resume and letter of interest by email:  resumes@morongo-nsn.gov or fax 951-922-0321. Visit our website at www.morongo-nsn.gov for employment application.  Interviews are by appointment only. Call 951-755-5180 for more information.

Pokagon Band of Potawatomi Indians

Tribal Court Clerk, Dowagiac, MI

Responsibilities: Ensure clerical duties and responsibilities of the Tribal Court are met.  Assist Court Administrator in the development of judicial and Tribal Court infrastructure.  Fulfill a full range of clerical responsibilities including but limited to accept and file pleadings, prepare case files, data entry, developing procedures and processes.

Qualifications: Bachelor’s Degree in related field required. Relevant experience in lieu of degree may be considered. Completion of a Paralegal Certificate Program Degree preferred. Three years of prior clerical work experience required. Two years of prior clerking experience in a court strongly preferred.

Salary/Benefits: Salary is based on experience and education. Full benefits including medical, dental, optical and retirement plan.

Closing Date: November 11, 2016

Applications:  applications and resumes accepted through our online career center at http://www.pokagonband-nsn.gov/

Yurok Tribe

Deputy General Counsel, Full Time Regular $72,999/$86,806, FF Date for these positions are 11/18/16. For more info visit www.yuroktribe.org or call (707) 482-1350 ext 1376.

National Indian Gaming Commission

Assistant Director of Compliance, Washington D.C. Closes 11/16/16.