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WSPC00191
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Last modified
1/26/2010 10:48:25 AM
Creation date
10/9/2006 2:00:29 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Basin
San Juan/Dolores
Date
3/15/1985
Author
David H. Getches
Title
Indian Water Claims: Is A Peaceful Rsolution Possible?
Water Supply Pro - Doc Type
Publication
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<br />4211 <br />Supreme Court sa1d: "Yes, we be11eve 1n certa1nty. The Orr OHch <br />decree w'll stand." But th1s d1d not happen until after dec1s10ns 'n <br />the UnHed States D1str1ct Court for the D'str1ct of Columb1a, the <br /> <br />Court of Appeals for the D'str'ct of Columb1a, the UnHed States <br />Supreme Court. the Nevada D1str1ct Court, two tr'ps to the N1nth <br />C1rcuH Court of Appeals, and two suHs 1nvolv'ng the Secretary of <br /> <br />Inter10r and local water users. And the l't1gat10n goes on 1n some of <br /> <br />those cases. <br /> <br />The Escond1do Mutual Water D'str1ct 11tigat10n 1nvolv1ng <br /> <br />three M1ss10n <br /> <br />Ind1an bands <br /> <br />10 a valley <br /> <br />outs1de of San <br /> <br />n.t.___ <br />UIt:';;jU, <br /> <br />CalHorn1a, has been g01ng s1nce 1970. The water users there freely <br /> <br />adm1t that it is cheaper for them to spend hundreds of thousands of <br /> <br /> <br />dollars 1n lH1gat1on costs than H would be to buy the water that <br /> <br />they m1ght lose 1f they have to g1ve up water r1ghts in a settlement. <br /> <br />The atmosphere of resource l1t1gat10n does make people more <br /> <br />hostile and more litig1ous, not just about the resource they're <br /> <br />f1ghting over 1n the case, but about all their dea11ngs. The f1sh1ng <br /> <br /> <br />r1ghts lH1gation 1n Wash1ngton is 1llustrat1ve. M1ll10ns of dollars <br /> <br />have been spent by the state, by the tribes and Federal government, <br /> <br />and by pr1vate interests. LH1gat10n has raged s1nce 1970. Half a <br /> <br />dozen Federal appeals court dec1s1ons on the N1nth CircuH have not <br /> <br />resolved the d1spute. I was there when a d1str1ct court dec1s10n was <br /> <br />handed down. CHizens of Tacoma encircled the courthouse shoulder to <br /> <br />shoulder; the judge was hanged 1n eff1gy. There still is rampant <br />hatred; the state of Wash1ngton 1s the deep north of race relat10ns <br /> <br />- 6 - <br />
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