Native American Water Rights Settlement Project

Alternative Title

Nez Perce Water Rights Settlement Agreement


Nez Perce Tribe of Idaho


Nez Perce Tribe Water Rights Settlement


Nez Perce Indian Reservation




Pacific Northwest Region

HUC Refined

Columbia River Basin, Snake River


In re Snake River Basin Adjudication, No. 39576, Fifth Judicial District Court, Twin Falls County, Idaho

Document Type

Settlement agreement


District Court of the Fifth Judicial District of the State of Idaho in and for the County of Twin Falls

Publication Date



Settlement Agreement aka Special Master's Term Sheet, found as 1) an attachment to the Joint Status Report on Settlement Efforts and Motion for Stay, and 2) as Attachment 2 to the Consent Order entered on 1-30-2007. Parties: Nez Perce Tribe, ID, Idaho, US, United States. Agreement includes

Nez Perce Tribal Component: on-reservation consumptive use reserved water rights at 50,000 acre-feet/year with priority date of 1855. Allowed uses include irrigation, DCMI, hatchery and cultural uses. Tribe will administer on reservation rights pursuant to a tribal water code. Renting of water within the state is allowed. US will establish a $50 million, multiple-use water and fisheries resource trust fund for acquiring land and water rights, work on fish habitat, fish production, agricultural development, cultural preservation and water resource development. US will fund domestic water supply and sewer systems. US transfer management control of Kooskia hatchery to Tribe and make an agreement with Tribe for joint management of programs at Dworshak National Hatchery. US will agree to transfer certain BLM land to Tribe and will enter into an agreement re management of BLM lands within the boundaries of the Reservation. US will pay Tribe rental for storage space in Payette River system. Salmon/Clearwater Component: involving instream flow water rights and provisions re habitat, Idaho forestry program, riparian management measures, road management measures, implementation monitoring, adaptive management, and more. Snake River Component: involving biological opinions, minimum instream flows, flow augmentation, mitigation, irrigation water, and more. General conditions applicable to entire agreement and to all parties. [Source:]


Settlement Agreement, 39 pages, including 3 appendices