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Northern Cheyenne Tribe Water Rights Compact
Get PDFSettlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. Tribe retains an additional 7,500 a/f/y via Water Purchase contract No. 232 dated March 15, 1938. Tribe may divert 1,300 a/f/y from Rosebud Creek for irrigation purposes. An additional 19,530 a/f/y may be diverted from Creek for any purpose, but Tribe may not construct any dams upon it. In lieu of standard surface water diversions from the Tongue River and Rosebud Creek, Tribe may opt for alluvial groundwater.
The Tribe shall administer the Tribal Water Right through a Tribal Water Code. . Tribe shall provide the State with not less than 180-days written notice prior to the start of construction of any project to divert any portion of the Tribal Water Right from the Big Horn River or the Big Horn Reservoir for use on the Reservation, or from the Tongue River or the Tongue River Reservoir for use on the Reservation in the Rosebud Creek basin. Tribal Water Right may be used off-reservation. MT shall administer all rights to the use of surface water and groundwater within the Reservation which are not a part of the Tribal Water Right. There shall be established a Northern Cheyenne – MT Compact Board to resolve disputes.
The US shall provide 16.5 million to repair the Tongue River Dam. The US will pay $10 million for a Tribal Development Fund. [Source: http://data.opi.mt.gov/bills/mca/85/20/85-20-301.htm
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Northern Cheyenne Tribe Wind Energy Development Report
No full textSpecific development objectives focused on the completion of all actions required to qualify a specfic project for financing and construction of a 30MW wind facility
Northern Cheyenne Tribe v. Montana Department of Environmental Quality
Get PDFNorthern Cheyenne Tribe v. Montana Department of Environmental Quality addressed the supremacy of standards within the Clean Water Act over Montana‟s state imposed water quality standards. The Montana Supreme Court found the Montana Department of Environmental Quality‟s water quality standards violated the Clean Water Act‟s requirement to use pre- discharge treatment for coal bed methane wastewater released into the Tongue River. This decision is likely to be persuasive to other states imposing their own regulations on the discharge of pollutants into waterways
Northern Cheyenne-MT Compact
No full text19-page excerpt from the MT Code ratifying Northern Cheyenne-MT Comp.Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. Tribe retains an additional 7,500 a/f/y via Water Purchase contract No. 232 dated March 15, 1938. Tribe may divert 1,300 a/f/y from Rosebud Creek for irrigation purposes. An additional 19,530 a/f/y may be diverted from Creek for any purpose, but Tribe may not construct any dams upon it. In lieu of standard surface water diversions from the Tongue River and Rosebud Creek, Tribe may opt for alluvial groundwater.
The Tribe shall administer the Tribal Water Right through a Tribal Water Code. . Tribe shall provide the State with not less than 180-days written notice prior to the start of construction of any project to divert any portion of the Tribal Water Right from the Big Horn River or the Big Horn Reservoir for use on the Reservation, or from the Tongue River or the Tongue River Reservoir for use on the Reservation in the Rosebud Creek basin. Tribal Water Right may be used off-reservation. MT shall administer all rights to the use of surface water and groundwater within the Reservation which are not a part of the Tribal Water Right. There shall be established a Northern Cheyenne – MT Compact Board to resolve disputes.
The US shall provide 16.5 million to repair the Tongue River Dam. The US will pay $10 million for a Tribal Development Fund. [Source: http://data.opi.mt.gov/bills/mca/85/20/85-20-301.htm
Chronicles of Oklahoma
No full textArticle recounts why the Northern Cheyenne tribe fled Oklahoma to Montana during the late 1800s. These events cumulated into the Dull Knife Raid
In the Supreme Court of the United States, October term, 1975: no. 75-5366 : Alva Fisher, petitioner, v. State of Montana, ex rel, in the matter of the adoption of Ivan Firecrow, a minor by Leroy Runsabove and Josephine Runsabove, respondents: on petition for a writ of certiorari to the Supreme Court of the State of Montana
Get PDFCase summary: The Montana Supreme Court held that the state court has jurisdiction over an adoption proceeding that arose on the Northern Cheyenne Indian Reservation and in which all parties are members of the Northern Cheyenne Tribe and residents of the Northern Cheyenne Indian Reservation. On appeal, the United States Supreme Court reversed that ruling and held that the Tribal Court of the Northern Cheyenne Tribe has exclusive jurisdiction over the adoption proceeding. Montana state-court jurisdiction over such a proceeding would interfere with the powers of self-government conferred upon the Tribe by federal law and exercised through the Tribal Court.https://scholar.law.colorado.edu/david-h-getches-litigation/1079/thumbnail.jp
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In the Supreme Court of the United States, October term, 1975: no. 75-5366 : Alva Fisher, petitioner, v. State of Montana, ex rel, in the matter of the adoption of Ivan Firecrow, a minor by Leroy Runsabove and Josephine Runsabove, respondents: on petition for a writ of certiorari to the Supreme Court of the State of Montana
No full textCase summary: The Montana Supreme Court held that the state court has jurisdiction over an adoption proceeding that arose on the Northern Cheyenne Indian Reservation and in which all parties are members of the Northern Cheyenne Tribe and residents of the Northern Cheyenne Indian Reservation. On appeal, the United States Supreme Court reversed that ruling and held that the Tribal Court of the Northern Cheyenne Tribe has exclusive jurisdiction over the adoption proceeding. Montana state-court jurisdiction over such a proceeding would interfere with the powers of self-government conferred upon the Tribe by federal law and exercised through the Tribal Court.https://scholar.law.colorado.edu/david-h-getches-litigation/1079/thumbnail.jp
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A Tribe in Transition: Examining the Northern Cheyenne Experience with the Decline of the Coal Economy and the Energy Transition
No full textThis research centers on the experience of the Northern Cheyenne Tribe—a federally- recognized tribe whose reservation is located in southeastern Montana—as it navigates the changes brought by an energy transition from coal. Situated within the Powder River Basin, a major coal producing region, the Tribe’s reservation lies 20 miles from the Colstrip Generating Station, a major coal-fired power plant that supplies electricity to the Pacific Northwest. In 2020, the Station partially closed, leaving only two of its four generating units operational. The Tribe has estimates that one in five of its members would lose employment should the station fully close. Using ethnographic methods including semi-structured interviews with tribal members, this case study explores shifting perceptions of economic development via energy. Taking an approach grounded in critical development studies, Indigenous geographies, and economic geographies, this thesis focuses on how coal development structures the political and economic possibilities for tribal economic development and how these perceptions are adapting to the energy transition as alternative forms of energy become increasingly competitive with fossil fuels. This thesis further examines how the market-making work of the prevailing US energy transition framework, which uses public funding to incentivize private development of low to zero emission technologies, is shaping the landscape of energy development in southeastern Montana and the distributional consequences of this work for the Northern Cheyenne Tribe. This study finds that the coal economy has underdeveloped the Northern Cheyenne Tribe by occupying tribal debates over economic development and making a significant share of tribal members dependent on jobs in coal extraction across the reservation line. Tribal efforts to pursue alternative energy development aim to wean such dependence. Finally, market-oriented approaches to energy transition are reinforcing existing inequalities in southeast Montana: private actors are reaping public funding for development while the Northern Cheyenne Tribe receives a smaller amounts and continues to struggle to overcome colonial bureaucracy
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