Native American Water Rights Settlement Project
 

Alternative Title

Consent Decree

Tribes

Nez Perce Tribe

Settlement

Nez Perce Tribe Water Rights Settlement

Reservation

Nez Perce Reservation

State

ID

Watershed

Pacific Northwest Region

Hydrologic Unit Code (HUC)

Columbia River Basin

HUC Refined

Snake River Basin

Litigation

Snake River Basin Adjudication

Document Type

Post-settlement court orders/ decree

Publisher

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

Publication Date

1-30-2007

Abstract

Post-settlement court orders/decree. Parties: Nez Perce Tribe, ID, Idaho, US, United States, Non-Indian Water Users listed in Attachment 1. Decree incorporates Special Master’s Term Sheet and partial final decrees for federal reserved water rights held by the US as trustee for the Tribe, for multiple use and for springs or fountains as well as state minimum stream flow water rights held by Idaho Water Resources Board. All Nez Perce claims and US claims for the Tribe which not found in the partial final decrees are dismissed with prejudice. Decrees were entered in compliance with Sec. 42-1411 A, Id. Code. The parties agree that the Consent Decree and Agreement (Special Master’s Term Sheet) are the final, complete and exclusive determination of all water claims of the Nez Perce Tribe and US as trustee in the Snake River Basin Adjudication.

Most of 50,000 afy of multiple use federal reserve right will come from Clearwater River. Fountains and Springs federal reserve right includes non-exclusive use on certain federal public lands ceded to US. All claims to such waters on private and state lands are dismissed. The Tribe and Idaho will share information about diversions within the relevant hydrologic subbasins. The Court will maintain jurisdiction to administer decrees, resolve disputes regarding implementation and enforcement of Consent Order. Includes: Attachment 1 - Water Users - Parties to Consent Order - 2 pages; Attachment 2 - Settlement Agreement (Special Master's Term Sheet), Attachment 3 - Claims Dismissed and Clerical Errors regarding claim subcase numbers; Attachment 4 - Subcase numbers for multi-use claims; Attachment 5 - Subcase numbers for fountains or springs claims; Attachment 6 - Subcase numbers forstate minimum stream flow water rights. [Source: https://www.idwr.idaho.gov/water-rights/adjudication/SRBA/documents.html]

Comments

8 pages, 6 Attachments

2007-01-30_NezPerceDecreeAtt1Parties.pdf (62 kB)
Attachment 1, Parties to Consent Order

2007-01-30_NezPerceDecreeAtt2SA.pdf (1831 kB)
Attachment 2, Mediator's Term Report (Settlement Agreement

2007-01-30_NezPerceDecreeAtt3Claims-Dismiss-Clerical.pdf (1311 kB)
Attachment 3, Claims Dismissed & Clerical Errors re subfile numbers

2007-01-30_NezPerceDecreeAtt4-MultiUseClaims.pdf (31 kB)
Attachment 4, Subcase Numbers for Multi-Use Claims

2007-01-30_NezPerceDecreeAtt5-Springs.pdf (108 kB)
Attachment 5, Subcase Numbers for Fountains or Springs Claims

2007-01-30_NezPerceDecreeAtt6-Decree-IdWRBRights.pdf (46 kB)
Attachment 6 - Subcase Numbers for State Minimum Stream Flow Water Rights

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