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Lewis V. Clarke, Summer L. Carmack

Public Land & Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state …

Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation; Parties: Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City, Oklahoma, United States. Purposes, pp 169-170; Definitions, pp. 170-2; Approval of Settlement Agreement, pp. 172-3; Approval of Amended Storage Contract & 1974 Storage Contract, pp.173-5; Settlement Area Waters, pp. 175-7; City Permit for Appropriation of Surface Water from the Kiamichi River, p. 177; Settlement Commission, pp. 177-8; Waivers and Releases of Claims, pp. 178-183; Enforceability Date, pp. 183-5; Jurisdiction, Waivers of Immunity for Interpretation and Enforcement, pp. 185-6; Disclaimers, pp. 186-7. [Source: Government Printing Office http://www.gpo.gov]

Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States

Native American Water Rights Settlement Project

Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …

Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Omnibus Public Land Management, Title X - Water Settlements, Subtitle B - Northwestern New Mexico Rural Water Projects Navajo-Gallup Water Supply Project, PL 111-11, 123 Stat. 991. ◊ Parties: Navajo Nation and US. Part II, Section 10501 sets up the Reclamation Water Settlements Fund. For each of the fiscal years 2020 through 2029, the US will deposit 120M dollars into the Fund, if it is available, plus any interest which comes from Reclamation’s appropriation. The funds are to be spent on Indian water rights settlements that involve water supply infrastructure, to rehabilitate water delivery systems for conservation, or …

Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes

Native American Water Rights Settlement Project

Tribal Water Code: 2007 Shoshone-Bannock Tribal Water Resource Code (WATR-07-S1 (2007). This Code establishes the Tribal Water Resources Commission and the Tribal Water Resources Dept; provides water allocation guidelines; structures a license and permitting system; determines effects of non-use and attempted adverse possession; provides penalties and enforcement; and sets up hearings and appeals. [Source: http://www.shoshonebannocktribes.com/elements/documents/water/2007-Sec-Int-Water-Code.pdf]

City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff

Publications

No abstract provided.

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Central AZ Project Settlement of 2004 - (Sec. 103) Parties: Tohono O'Odham Tribe & US Sets forth general permissible uses of the Central AZ Project (CAP), including for domestic, municipal, fish and wildlife, and industrial purposes. The DOI Secretary will reallocate 197,500 acre-feet of agricultural priority water made available pursuant to the AZ Water Settlement for use by AZ Indian tribes, of which: (1) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (2) 28,200 acre-feet shall be reallocated to the Tohono O'odham Nation (formerly the Papago Tribe); and (3) 67,300 acre-feet shall be reallocated to …

Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Zuni Indian Tribe Water Rights Settlement Act of 2003, PL 108-34, 117 Stat. 782 (June 23, 2003). Parties: Zuni Tribe, US, AZ. The Act ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights in the Little CO River basin, AZ. It authorizes appropriations for acquisition of water rights and associated lands and, for fiscal years 2004 through 2006; and for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. The US shall take legal title of specified lands in the Gila and Salt River Base and Meridian …

Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Tohono O'odham Settlement (Apr. 30, 2003). Parties: Tohono O'odham Nation, AZ, US, Tucson, Asarco Inc., Farmers Investment Co., two allottee classes. The Settlement Agreement has been revised to eliminate any conflicts with PL 108-451. The parties are a part of the Gila River adjudication. The Nation has a water right of 79,200 acre-feet per year, sourced in ground and surface water. This water may be put to any use. The Nation may use the water off-reservation according to the attached contracts or pursuant to state law, but the uses must remain within the state. Provisions are made for …

Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.

The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …

Fort Belknap-Mt Compact Of 2001, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: No separate settlement agreement. Fort Belknap-Montana compact ratified. (MCA 85-20-1001) (April 16, 2001) Parties: Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, MT and US. The Tribes have right to 645 c/f/s from the Milk River and its tributaries upstream from Reservation diversion point with a priority date of October 17, 1855. Off-stream storage is limited to 60,000 a/f and up to 125 c/f/s is for irrigation and other historical purposes. Tribes have right to develop surface water in the Milk River Basin for livestock impoundments provided they don't use more than 30 a/f/y. …

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …

San Carlos Apache Tribe Water Rights Settlement Agreement Of 1999, San Carlos Apache Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: San Carlos Apache Tribe Water Rights Settlement Agreement (Mar. 30, 1999) Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improvement & Power District, Salt River Valley Water Users Assn., Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. This Settlement Agreement resolves the water rights as between these parties in the Gila Water Rights Adjudication of AZ. Other claims remain to be resolved. Neighboring non-Indian communities will relinquish to approximately 58,735 a/f of surface water to the Tribe, provide …

San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the …

Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe

Native American Water Rights Settlement Project

Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and …

Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Yavapai-Prescott Indian Tribe Water Rights Settlement of June 29, 1995. Parties: Yavapai-Prescott Indian Tribe, AZ, US, City of Prescott & Chino Valley Irrigation District (CVID). The Tribe Prescott under a Water Services Agreement. The Tribe has the right to develop groundwater resources in accordance with a groundwater management plan developed by the Tribe for on-Reservation use. Reservation effluent may be used on Reservation or sold to off-reservation users. The Tribe’s use of settlement water on-reservation is unrestricted. Shortage management is addressed. The Tribe may develop a tribal water code. The Tribe may sell its CAP contract entitlement which …

An Act To Provide For The Settlement Of The Water Rights Claims Of The Yavapai-Prescott Indian Tribe In Yavapai County, Az, And For Other Purposes, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act To Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for Other Purposes, P.L. 103-434, 108 Stat. 4526 (Oct. 31, 1994. Parties: Yavapai-Prescott Indian Tribe, AZ, Prescott, Chino Valley Irrigation District & US. Title I of the Act is the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994, which ratifies the Settlement Agreement entered into by the Tribe, AZ, US, Prescott, and the Chino Valley Irrigation District. It provides for the settlement of all water between and among the parties. The Secretary is authorized to …

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992. PL 102-374, 106 Stat. 1186. Parties: US & Northern Cheyenne Nation. The Act ratifies a Compact with MT on June 11, 1991. The Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund will be established in the US Treasury, but the Tribe shall make a $11.5 million loan available to MT to assist with the Tongue River Dam Project costs (estimated at $52.2 million). For the Tribe itself, there are authorized $7.4 million in 1995, $9 million in 1996 and $5.1 million in 1997. $3.5 million is authorized …

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …

Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort Hall Water RIghts Act of 1990 (PL 101-602, 104 Stat. 3059, H.R. 5308) Parties: Shoshone-Bannock Tribes, ID, and US. The Act ratifies the Settlement Agreement. It protects existing uses through authorizing contracting for storage space in existing reserviors and placing limits on setting aside of final decree. It addresses the leases, transfers and uses of tribal rights, including instream flows, abandonment or forfieture and uses off reservation.The Act addresses contributions including: a Tribal Development Fund, construction of a Reservation Water Management System; acquisition of lands and grazing rights; places limits on per capita distributions to tribal members; …

Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Title II - Truckee-Carson-Pyramid Lake Water Settlement, Public Law 101-618, 104 Stat. 3295 (Nov. 16, 1990) dealing primarily with rights of CA and NV. Parties: NV, CA, Pyramid Lake Paiute, The Act provides for the equitable apportionment of waters of Truckee River, Carson River and Lake Tahoe between NV & CA. The California allocation on the Truckee is subject to the right of the Pyramid Lake Indian Reservation’ right to use water as described under the Orr Ditch Decree. The Tribe has the right to manage the water on the reservation. Provisions are made to protect the Pyramid …

Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States

Native American Water Rights Settlement Project

Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988, PL 100-51, 102 Stat 2549 (Oct. 22, 1988) Parties: US, Salt River Pima-Maricopa Indian Community The US originally gained trustee control of water rights of Community through Kent decree of 1910 and Bartlett Dam Agreement of 1935. The Community's rights are a part of the Gila River System adjudication. Settlement Agreement resolved water right issues of the parties among and between them, quantified the Community’s water rights, and prescribed how to resolve any remaining claims the Community or allottees may have against the US. Neighboring communities will transfer …