LAPWAI, Idaho(AP)
A landmark $193 million settlement to resolve water rights
claims by the Nez Perce Tribe has been signed nearly three years
after it was negotiated.
Over the weekend, federal, state and tribal officials signed the
complex consent degree that was issued by Idaho's Fifth
District Court. It will be implemented after the terms are
published in the Federal Register in the next few weeks.
The Nez Perce agreed to drop most if the tribe's claims to
water in the Snake River basin in exchange for about $83 million in
cash, 11,000 acres of land now managed by the federal Bureau of
Land Management, and salmon conservation measures, including
requirements for water releases from dams to aid migrating
fish.
In a statement, Nez Perce Tribal Chairwoman Rebecca A. Miles
called the signing a key moment in tribal and state history because
it involved water claims in an area "that our people have
inhabited for thousands of years."
In 1993, the Nez Perce filed thousands of water rights claims to
try to establish minimum stream flows for migrating fish. The tribe
cited a treaty it signed with the federal government in 1855, but
the state fought the claims in court.
The deal settling the dispute was announced with much fanfare on
May 15, 2004. At the time, then-Gov. Dirk Kempthorne, now the U.S.
interior secretary, called the deal "one of the single most
important milestones in our state's 114-year crusade to control
its water."
Congress and the state Legislature approved the settlement
within a year, but it took another two years to resolve appeals
from other parties, including farmers who use water for irrigation
and the Shoshone-Bannock Tribes of southern Idaho.
Key provisions give the Nez Perce a formal role in deciding on
annual releases of water from Dworshak Reservoir, and a promise by
the state to send water that might otherwise have gone for
irrigation down the Snake River to help migrating salmon and
steelhead.
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On the Net:
http://www.nezperce.org/
http://www.state.id.us/
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