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Water Rights Tribal Lands

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral...

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B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...more

Allen Matkins

California Environmental Law & Policy Update 12.08.23

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The power to enforce a rule intended to slash air pollution associated with warehouses could one day rest in the hands of citizens who are willing to go to federal court. Several Inland members of Congress recently signed a...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 9.22.23

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California legislators have passed a bill articulating the scope of the State Water Resources Control Board’s authority to investigate water rights. Senate Bill 389, which will go to Governor Gavin Newsom’s desk for a final...more

Schwabe, Williamson & Wyatt PC

Supreme Court Delivers Landmark Decision on Navajo Water Rights and Trust Obligations

On June 22, 2023, the United States Supreme Court handed down its third decision regarding federal Indian law this term. In a 5-4 decision, the Court held that the Navajo Treaty of 1868 does not require the United States to...more

Procopio, Cory, Hargreaves & Savitch LLP

Latest U.S. Supreme Court Decision a Setback for Native Tribes and Their Rights

In a highly unwelcome decision for Native tribes relying on treaties with the U.S. government, the U.S. Supreme Court held recently that the government’s general trust obligation to Navajo Nation does not require the federal...more

Beveridge & Diamond PC

U.S. Supreme Court Declines to Expand the Reserved Water Right

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On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more

Stoel Rives LLP

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

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On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Arizona v. Navajo Nation

On June 22, 2023, the U.S. Supreme Court decided Arizona v. Navajo Nation, No. 21-1484, holding that the federal government is not obligated to affirmatively secure access to water for the Navajo Nation....more

Epstein Becker & Green

Court Rules Against Navajo Water Rights, Statutory Habeas Corpus – SCOTUS Today

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With four decisions yesterday, the Court has now cut its backlog down to the mid-teens. And with decisions likely today as well, the Court is well on its way to clearing the docket as the term ends....more

Nossaman LLP

Klamath Dam Removal Now in Question

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Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks.  The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...more

Nossaman LLP

Paul Weiland Discusses Western Dam Removal at California Water Law Symposium

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Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more

Beveridge & Diamond PC

California Court Finds Tribe Lacks Standing to Quantify Reserved Water Right

The Central District of California in the second phase of Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District et. al. issued a decision with massive implications for water rights in the West. In the...more

Best Best & Krieger LLP

Tribe Lacks Standing in Water Suit - Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case

Best Best & Krieger LLP attorneys successfully defended a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against two water agencies by showing the tribe lacked standing to pursue federal claims involving...more

Kilpatrick

KT Client Success - Big Win in Water Rights Fight

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The Kilpatrick Townsend Native American Team achieved a significant victory for longtime firm client the Ak Chin Indian Community (Community), resulting in a judgment protecting Ak-Chin’s federal water rights. After...more

Nossaman LLP

Proponents Of Dam Removal Project Seek To Skirt Protections For Endangered Species

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The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more

Nossaman LLP

California Poised to Waive Protections for Endangered Fish as Tribes Seek to Shutdown Klamath Irrigation Project in an Effort to...

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In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more

Snell & Wilmer

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

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Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

Pierce Atwood LLP

Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

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In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the...more

Best Best & Krieger LLP

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

Stoel Rives - Environmental Law Blog

Tribes’ Federal Water Rights Include Groundwater—But How Much?

The Ninth Circuit recently ruled that federal reserved water rights held by Indian tribes extend to groundwater underlying reservation lands. Determining the quantity of that groundwater, however, is reserved for another day....more

Snell & Wilmer

Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

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On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that...more

Best Best & Krieger LLP

BB&K Represents Water District in Historic Indian Water Rights Settlement

Congress enacted the Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act in late 2016 as part of the Water Infrastructure Improvements for the Nation Act (S.612). The Act, in part, culminates years of...more

Holland & Knight LLP

Secretary of Interior Nominee Willing to Work for Tribes

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President-Elect Donald Trump has officially announced Rep. Ryan Zinke (R-Mont.) as his nominee for Secretary of the U.S. Department of Interior (DOI). During his time in Congress, Zinke has addressed various DOI issues...more

Snell & Wilmer

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

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The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the...more

Allen Matkins

California Environmental Law & Policy Update - September 2016

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Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

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