Native American Water Rights Settlement Project
 

Alternative Title

Warm Springs Tribes Water Rights Settlement Agreement

Tribes

Confederated Tribes of Warm Springs - Tenino (Warm Springs) Tribe

Tribes

Confederated Tribes of the Warm Springs Reservation of Oregon

Settlement

Warm Springs Water Rights Settlement

Reservation

Warm Springs Indian Reservation

Reservation

Warm Springs Indian Reservation

State

OR

Watershed

Pacific Northwest Region

Hydrologic Unit Code (HUC)

Pacific Northwest

HUC Refined

Columbia River Basin

Document Type

Other

Publisher

Oregon

Publication Date

11-17-1997

Abstract

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the Tribal rights will not be subject to forfeiture. The Tribes may authorize any use with certain exceptions. Those may use the Tribal Reserved Right on Reservation include: the Tribes and anyone authorized by Tribes, allottees, Indian fee land holders, Walton right holders and persons authorized to water off-Reservation. The Tribes have authority to allocate the Tribal Right within the Reservation. The Tribes shall administer state law rights and Walton rights being exercised within the Reservation using state law. A Tribal watermaster shall be designated. A dispute resolution process is outlined. Facilities for the Tribal water right may be constructed off-reservation. Provisions are made for water associated with lands added to the Reservation. The transcript of the formal negotiations shall be maintained as a public record to be used in the administration and interpretation of the Agreement. A final decree issued by the Circuit Court of Oregon for Deschutes County, approval by the Tribes Council are required, and the creation of a MOU and Intergovernmental board for the implementation of the Agreement and resolution of disputes. (Unsigned copy without exhibits) [Source: http://soda.sou.edu/awdata/030813b1.pdf]

Comments

Settlement Agreement: 31 pages.

Permanent URL

http://hdl.handle.net/1928/21889

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Article Location

 
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