Tag Archives: Indian water rights

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

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.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, water rights | Tagged , , , | Leave a comment

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 , , , | Leave a comment

Federal Claims Court Dismisses Crow Creek Sioux Water Rights Takings Claim

Here are the materials in Crow Creek Sioux Tribe v. United States (Fed. Cl.): 6 Motion to Dismiss 12 Response 17 Reply 22 DCT Order An excerpt: Plaintiff Crow Creek has sued the United States through the Department of the … Continue reading

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Central Arizona Water Conservation District Responds to Ak-Chin Suit; Seeks Federal Joinder

Here are the new materials in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.): AnswerCC motion Complaint is here.

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , | Leave a comment

Federal Court Dismisses Havasupai Water Rights Claim

Here are the briefs in Havasupai Tribe v. Anasazi Water Co. (D. Ariz.): 15 Anasazi Motion to Order Joinder 18 Halvorson-Seibold Motion to Dismiss 62 Tribe Response to Motion for Joinder 63 Tribe Response to Motion to Dismiss 64 Tribe … Continue reading

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Michelle Bryan on Sacred Water within Prior Appropriation

Michelle Bryan has posted “Valuing Tribal Sacred Water within Prior Appropriation,” published in the Natural Resources Journal. Here is an excerpt from the abstract: Much has been written in the area of waters to support fishing rights under treaty. This … Continue reading

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Ak-Chin Indian Community files suit against Central Arizona Water Conservation District (CAWCD)

Here is the complaint in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.): Complaint

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

Ninth Circuit Rules in Favor of Agua Caliente Reserved Groundwater Claims

Here is the opinion in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District: CA9 Opinion   An excerpt: The Coachella Valley Water District (“CVWD”) and the Desert Water Agency (“DWA”) (collectively, the “water agencies”) bring an interlocutory appeal of the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , | 2 Comments

Ninth Circuit Materials in Navajo Nation Water Rights Claim to Colorado River

Here are the briefs in Navajo Nation v. Dept. of Interior: Navajo Opening Brief BIA Brief Arizona Brief Nevada Brief Water Districts Brief Navajo Reply   Oral argument video here. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , , | 2 Comments