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29 NARF Legal Rev. 1 (2004)

handle is hein.journals/narf29 and id is 1 raw text is: After 16 Years Nez Perce Tribe Water Rights Settlement Framework Announced The Native American Rights Fund has repre- sented the Nez Perce Tribe in its water rights claims in the State of Idaho's Snake River Basin Adjudication (SRBA) since January 1988. The Tribe's claims to water rights for instream flows in the Snake River and its primary tributaries, the Salmon and Clearwater Rivers, to springs on lands ceded by the Tribe in 1863, and to on- reservation consumptive uses of water, were filed in the SRBA in 1993. dispute has been tl biggest outstanding dispu in the SRBA, whic includes a legal inventoi of about 180,000 wati rights claims in 38 , Idaho's 44 counties. Sin( 1998, however, the N Perce Tribe, the Unit( States, the State of Idah and local communiti and water users in Idat have engaged in cour ordered mediation, led I Duke University La Professor Francis McGover to resolve the claims of ti Nez Perce Tribe. The Nez Perce claims way for a long-term public water policy for Idaho and enables the United States to fulfill trust responsibilities for the Tribe, said Secretary Norton. Nez Perce Tribal Executive Committee Chairman Anthony Johnson commended the hard work of the mediating parties. We are pleased at the progress that has been made in resolving these difficult issues. The process can now move forward to Nez Perce Tribe Water Rights .... page 1 The Tribal Supreme Court Project ..... ........... .............page 6 JGCASE UPDATES BJA Grant to-, Fund Indian Legal Services . ..............page 12 President Signs Executive Order on Indian Education .......... page 12 Indian Law Library ............. page 14 In a press release issued by the U. S. Department of the Interior on May 15, 2004, Interior Secretary Gale A. Norton, Idaho Governor Dirk Kempthorne and Nez Perce Tribal Executive Committee Chairman Anthony Johnson announced an agreement to settle the Nez Perce water rights claims in the Snake River Basin. This framework agreement clears the closure with new momen- um, for the benefit of all ;oncerned. Idaho Governor Dirk Kempthorne stated hat The agreement will nable the State of Idaho to more effectively address its esponsibilities for water resource management and he needs of protected fish Among the major initia- ives, the three sovereign parties and Idaho water users have agreed to a long- erm flow augmentation plan for the Snake River above Hells Canyon, a major instream minimum flow plan for important streams and rivers in the Salmon and Clearwater River basins, and an agreement to use 200,000 acre-feet of water in Dworshak Reservoir for a flow augmentation plan benefiting listed species in the Clearwater and Snake Rivers. The United States also will agree to tribal management of Kooskia National Fish Hatchery and tribal co-management of Dworshak National Fish Hatchery, establishment WINTER/SPRING 2004 VOLUME 29, NO-1

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