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Nez Perce Indian Water Rights Settlement

Nez Perce Indian Water Rights Settlement. A Federal Perspective Frank Wilson U.S. Department of the Interior Office of the Regional Solicitor, Portland, OR. Nez Perce Indian Settlement, Federal Participants. Interior Solicitors Office Bureau of Indian Affairs Bureau of Land Management

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Nez Perce Indian Water Rights Settlement

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  1. Nez Perce Indian Water Rights Settlement A Federal Perspective Frank Wilson U.S. Department of the Interior Office of the Regional Solicitor, Portland, OR

  2. Nez Perce Indian Settlement, Federal Participants • Interior • Solicitors Office • Bureau of Indian Affairs • Bureau of Land Management • Bureau of Reclamation • Fish and Wildlife Service • Commerce-NOAA Fisheries • Energy-Bonneville Power Administration • Justice • Army Corps of Engineers

  3. Federal Goals for Indian Water Settlements • Water to meet the Tribe’s needs • Provide means for Tribe to use its water resources • Keep other water users “whole” • Resolve related issues where it makes sense to do so (e.g. ESA) • Others (waivers, etc.)

  4. Nez Perce Settlement,Water for the Tribe • 50 kaf multiple use water rights • “springs or fountains” rights on federal lands • Off-reservation minimum instream flows will be established in the Salmon and Clearwater River basins and held by the State of Idaho • Tribe’s water rights will be held in trust; State will hold minimum stream flow rights

  5. Nez Perce Settlement,Means for Tribe to Use Water • Funds • $50M (plus $10.1M) multiple-use fish and water resources fund • $23M water and sewer fund • $38M Salmon/Clearwater habitat fund (1/3 Tribal administration, 2/3 State administration with Tribal input)

  6. Nez Perce Settlement, Means for Tribe to Use Water • Non-monetary elements • Hatchery management transfers • Dworshak 200 kaf agreement

  7. Nez Perce Settlement,Other water users • On-Reservation water rights are primarily from the Clearwater River which has plenty of water available for use • On-Reservation rights from tributaries are subordinated to existing uses • “Springs or fountains” rights are, per treaty, to be used “in common” with non-Indians • Mitigation fund for water acquistion, BLM land transfers

  8. Nez Perce Settlement,Resolve Related Issues • ESA § 6 agreements for forestry and flows—establish cooperative agreements with the State to improve habitat conditions and address ESA “take” issues in Salmon/Clearwater basins. Participation is voluntary, but ESA protection and habitat fund provide incentives to participate • ESA § 7 consultation on Bureau of Reclamation Upper Snake Projects—provide state-law mechanism to extend existing flow augmentation program and expand to include additional 60 kaf natural flow rights

  9. Nez Perce Settlement,Resolve related issues • BLM lands transfer—Tribe may select from 11,200 acres of BLM land, up to $7M total value (appraisals came in below $7M, so all 11,200 acres will transfer) • Increases Tribe’s on-Reservation land base • Consolidates ownership/management of isolated parcels within the Reservation • Adds non-monetary value to Settlement

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