Consent Decree Approving Entry of Partial Final Decrees Determining the Rights of the US as Trustee for the Benefit of the Nez Perce Tribe & the Nez Perce Tribe to the Use of Water in the Snake River Basin within Idaho and the Partial Final Decrees Determining Minimum Stream Flow Water Rights Held by the Idaho Water Resources Board

Alternative Title

Nez Perce Tribe Consent Decree

Authors

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

Tribes

Nez Perce Tribe of Idaho

Settlement

Nez Perce Tribe Water Rights Settlement

Reservation

Nez Perce Indian Reservation

State

ID

Watershed

Pacific Northwest Region

HUC Refined

Columbia River Basin, Snake River

Litigation

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

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

Recommended Citation

Consent Decree Approving Entry of Final Decrees Determining the Rights of the United States as Trustee for the Benefit of the Nez Perce Tribe to the Use of Water in the Snake River Basin within Idaho and Partial Final Decrees Determining Minimum Stream Flow Water Rights Held by the Idaho Water Resource Board, In Re SRBA Case No. 39576; District Court of the Fifth Judicial District of the State of Idaho , in and for the County of Twin Falls (1/30/2007).