Category Archives: water rights

Montana SCT Affirms Constitutionality of CSKT Water Rights Compact

Here is the opinion in Flathead Joint Board of Control v. State. Briefs: Board brief State brief Tribe brief Board reply State reply

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Cert Stage Briefs in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians

Here: Coachella Cert Petition States Amicus Brief Agua Caliente Cert Opp US Cert Opp Coachella Reply Desert Water Agency Reply Agua Caliente Supplemental Brief

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Cert Opposition Briefs in Coachella v. Agua Caliente

Here: Agua Caliente Cert Opp US Cert Opp Cert petition here.

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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 … Continue reading

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Montana SCT Holds Water Rights Associated with Former Crow Allotment but Now Held by Others are Not Part of Tribal Water Right

Here are the materials in In re Scott Ranch: Opinion/Order  Amicus Curiae Brief  Appellant Brief 

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Pyramid Lake Paiute Wins More Water in Ninth Circuit

Here is the unpublished memorandum in Pyramid Lake Paiute Tribe of Indians v. Board of Directors of the Truckee-Carson Irrigation District. Briefs: Pyramid Lake Opening Brief Response Brief Reply Brief Oral argument video is here.

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New Scholarship on Indigenous Water Justice

Jason A. Robison, Barbara A. Cosens, Sue Jackson, Kelsey Leonard, and Daniel McCool have posted “Indigenous Water Justice” on SSRN. Here is the abstract: Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights, water rights | Tagged , , | Leave a comment

Aamodt Case Finally Concludes

Here is “Santa Fe County water rights suit reaches milestone after 51 years.”

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Ninth Circuit Affirms Dismissal of Crow Allottees Challenge to Water Compact

Here is the order in Crow Allottees Assn. v. Bureau of Indian Affairs: Crow Allottees Memorandum Opinion Briefs: Opening Brief Federal Answer Brief Reply Lower court materials here.

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Water District Files Cert Petition in Agua Caliente Water Rights Matter

Here is the petition in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians: Coachella Cert Petition Question presented: Whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States, 207 U.S. 564 (1908), preempts state-law regulation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, water rights | Tagged , , , | 1 Comment