SCOTUS neatly avoided the groundwater issue in 1976’s Cappaert v. United States—an interesting case involving the rare Devil’s Hole pupfish in Death Valley National Monument, whose unique underground aquatic habitat was threatened by pumping at a nearby ranch. << /Resources << /Font << /F0 15 0 R /F2 8 0 R >> /ProcSet 7 0 R >> But do Winters rights extend beyond surface water to groundwater? /MediaBox [ 0 0 612 792 ] In addition, environmental laws such as the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act regulations allow tribes to enforce federal environmental programs. The Water District pointed to contradicting Wyoming and Arizona state supreme court decisions, arguing that even if reserved rights could encompass groundwater, they do not here, due to the Tribe’s correlative rights under state water law, its historical lack of drilling for groundwater, and surface water the Tribe receives under an earlier decree. 2 0 obj ��0�S2�����:Y���2[��;��p;�4X�`�3�����F�x�]�ʬ��*}��o��#��?-1c̶S�d�q8�7�׋��'w���g�+�B#��b艤4��w� �T ��X�l��Q�޵�0�e �ī��\���u�����c��B�8�PV����}1�����8�Zٳ]��?RK���ZŌ�~9 �tܶ�n���Vazr -�#��c%���;�t�3�8b)4 �^�ǃϊ�%Ᾰ�,�N���؛� /Producer (Acrobat PDFWriter 2.0 for Windows) Many American Indian and Alaska Native tribes face an array of health and welfare risks as a result of environmental problems, such as surface and groundwater contamination, illegal dumping, hazardous waste disposal, air pollution, mining wastes, habitat destruction, and climate change. In Alaska, where the impact of climate change is immediate and immense, NARF has represented Alaska Native tribes in court cases against energy companies for damages and has helped tribes with physical relocation to save their communities. << /ModDate (D:19951221110547) The Nation alleges the companies’ hydraulic fracturing activities is a driver of Oklahoma’s recent uptick in earthquakes, and seeks damages for harm caused to a number of the Nation’s administrative buildings during the September 3, 2016, 5.8 magnitude earthquake. all Native American environmental issues in the twentieth century. /Pages 2 0 R The Ninth Circuit agreed with the Agua Caliente Band of Cahuilla Indians earlier this year in Phase I of the litigation, addressing the critical question whether the Tribe has a reserved right to groundwater. At the ELI webinar, John Echohawk will offer perspective on what a Supreme Court decision could mean for Indian country and for the future of reserved water rights.

d���9#����~���#ud@j�c��w$��Cc9���! NARF was involved in the historic Pacific Northwest and western Great Lakes litigation that affirmed the off-reservation treaty fishing rights of dozens of tribes. Since 1991, NARF has co-sponsored, along with the Western States Water Council, a biennial symposium to discuss the negotiated settlement of Indian reserved water rights claims. Tribes and Native villages are demonstrating reinvigorated environmental activism as they face increased pressures on natural resource use. Among the Standing Rock Sioux Tribe’s allegations against the Corps are insufficient environmental analysis under the National Environmental Policy Act (NEPA) and lack of meaningful consultation under the National Historical Preservation Act. 4 0 obj Its only real source of surface water is the seasonal Whitewater River System, and the Band purchases from the Water District groundwater from the over-drafted Coachella Valley Groundwater Basin. 1 0 obj The literature on Native Americans and the environment in the This month, ELI features a two-part webinar series on “Emerging Environmental Issues in Native Communities.”. According to U.S Census Bureau Data, 27% of all Native Americans live in poverty.

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