Tag Archives: Indian water rights

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

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

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

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

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 , , , | 1 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.

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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

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