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Water and the Confederated Tribes of Warm Springs. Who We Are. There are three tribes that make up the Confederated Tribes of Warm Springs - Warm Springs, Wasco and Paiute

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Who We Are

  • There are three tribes that make up the Confederated Tribes of Warm Springs - Warm Springs, Wasco and Paiute

  • The Warm Springs and the Wasco people are from the Columbia River. The Paiute people come from the plateaus to the southeast of the Columbia River.


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Treaty

  • A treaty was signed with the US Government in 1855.

  • The treaty reserved the right to fish, hunt, gather foods and pasture livestock in the ceded lands, and at usual and accustomed stations.

  • The US Government has a trust responsibility for protection and enhancement of trust resources for the tribes.


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Tribal Council

  • The Council is made up of 11 members

  • Three are chiefs that serve for life, one from each tribe

  • Eight of them are elected every three years.

  • They meet four days a week


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From the Tribal Declaration of Sovereignty

At the time of creation the Creator placed us in this land and gave us the voice of this land and that is our law. Ultimate sovereignty is vested in the people, who received their sovereign authority in the form of laws given by the Creator and by the land itself. We shall, as we always have, live in balance with the land and never use more of our precious natural resources than can be sustained forever.


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The Culture

  • Resources important to the tribes:

    • Water, fish, wildlife, roots and berries. These are in an order that was given to the tribes by the Creator.

  • Why is this important? These gifts from the Creator.

    • Guides our way of life, is part of our spirituality, gives our connection to the land and is the base for our natural resource management.


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Water Rights Timeline

  • Water Code approved on August 3, 1967

  • Quantification of Reservation Water Resources started in late 1960’s

  • USGS Gauging Stations installed 1977

  • Tribes hired Water master Oct 15, 1979

  • Implementing Provisions of Water Code approved July 18, 1980.

  • Formal agreement with Federal Government to work together to Quantify Tribal Water Rights in 1981.

  • Formal Negotiations teams appointed by State, US and Tribe in 1985.

  • Negotiations completed in November of 1997

  • Deschutes County Court ratified Agreement in January of 2003, binding all parties.

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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THIS AGREEMENT IS BETWEEN:

The Confederated Tribes of Warm Springs Reservation of Oregon

The State of Oregon

The United States of America

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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OLD WAY (PIA)TO DETERMINE RESERVATED WATER RIGHTS

Determine Total Acres within the Reservation. 640,000 acres

Determine acres of land having soil capable of supporting agriculture.

Decide how many of these acres it would be practical (cost effective, physically possible, etc) to irrigate.

Result is the “Practicably Irrigable Acreage” (PIA) which is used to determine the Tribes reserved water right.

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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NEW WAYS TO DETERMINE TRIBES CONSUMPTIVE RIGHT.

Determine amount of water flowing in streams (Cubic Feet per Second).

Guarantee that “minimum flows” are protected.

The difference between these two is the consumptive right.

Definition: CFS – Cubic Feet per Second. Water flow equal to one cubic foot per second – approximately 7.5 gallons per second, or 448.8 gallons per minute.

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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Background

The Tribes have a long history of protecting river flows on the Reservation to preserve and improve fisheries.

The maintenance and protection of fish stocks in the entire Deschutes River Basin is one of the Tribes’ most important objectives.

The Tribes desire to provide a supporting homeland forever and to have the flexibility in the use of their water.

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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GENERAL PURPOSES

PROTECTION OF FISH AND WILDLIFE.

All parties support the Tribes’ long-standing commitment to:

Protection of stream flows to maintain healthy conditions for fish and wildlife in the Deschutes River Basin.

Equitable management of water resources on the Reservation.

All Parties:

Recognize the importance of Tributaries to the Deschutes Basin.

Desire to cooperate in the long-term protection of all fisheries.

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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Tribes Reserved Water rights

  • The basis is the treaty

  • Held by the US in trust for the Benefit of the Tribes

  • Existing Out-of-Stream Tribal Uses both “on-reservation” and bordering streams. Water for domestic, industrial, municipal, agricultural, and cultural needs (97cfs).

  • On-reservation, out of stream uses amounts of up to 250 cfs so long as sufficient instream flows remain for fish.


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Tribes Reserved Water rights

  • Water for on or off –reservation, out of stream use

  • Up to200 cfs from Deschutes and Metolius rivers and the Pelton lakes combined.

  • Not more than 25 cfs may be taken from the Metolius before it enters Lake Billy Chinook.

  • The Tribes’ Treaty Reserved Water Right is earlier than any other right in the Deschutes River Basin.


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Tribes Reserved Water rights

Instream water in the Deschutes and Metolius Rivers:

* to protect the Aquatic Ecosystem.

* to support the Tribes Treaty Rights on the Reservation.

Deschutes River = 3,000 – 3,500 cfs

Metolius River = 1,150 – 1,240 cfs

CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

3/10/2014


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To balance

  • Social

  • Ecological

  • Cultural

  • Economic

    For current

    and future generations


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