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 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.

Treaty A treaty was signed with the US Government in 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.

Tribal Council The Council is made up of 11 members The Council is made up of 11 members Three are chiefs that serve for life, one from each tribe Three are chiefs that serve for life, one from each tribe Eight of them are elected every three years. Eight of them are elected every three years. They meet four days a week They meet four days a week

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. 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.

The Culture Resources important to the tribes: 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. 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. 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. 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.

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT 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, Formal agreement with Federal Government to work together to Quantify Tribal Water Rights in Formal Negotiations teams appointed by State, US and Tribe in Negotiations completed in November of 1997 Deschutes County Court ratified Agreement in January of 2003, binding all parties.

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT THIS AGREEMENT IS BETWEEN: The Confederated Tribes of Warm Springs Reservation of Oregon The Confederated Tribes of Warm Springs Reservation of Oregon The State of Oregon The State of Oregon The United States of America The United States of America

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT OLD WAY (PIA)TO DETERMINE RESERVATED WATER RIGHTS Determine Total Acres within the Reservation. 640,000 acres Determine Total Acres within the Reservation. 640,000 acres Determine acres of land having soil capable of supporting agriculture. 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. 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. Result is the “Practicably Irrigable Acreage” (PIA) which is used to determine the Tribes reserved water right.

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT NEW WAYS TO DETERMINE TRIBES CONSUMPTIVE RIGHT. Determine amount of water flowing in streams (Cubic Feet per Second). Determine amount of water flowing in streams (Cubic Feet per Second). Guarantee that “minimum flows” are protected. Guarantee that “minimum flows” are protected. The difference between these two is the consumptive right. 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 gallons per minute.

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT Background The Tribes have a long history of protecting river flows on the Reservation to preserve and improve fisheries. 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 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. The Tribes desire to provide a supporting homeland forever and to have the flexibility in the use of their water.

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT GENERAL PURPOSES PROTECTION OF FISH AND WILDLIFE. 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. 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. Equitable management of water resources on the Reservation. All Parties: All Parties: Recognize the importance of Tributaries to the Deschutes Basin. Recognize the importance of Tributaries to the Deschutes Basin. Desire to cooperate in the long-term protection of all fisheries. Desire to cooperate in the long-term protection of all fisheries.

Tribes Reserved Water rights The basis is the treaty The basis is the treaty Held by the US in trust for the Benefit of the Tribes 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). 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. On-reservation, out of stream uses amounts of up to 250 cfs so long as sufficient instream flows remain for fish.

Tribes Reserved Water rights Water for on or off –reservation, out of stream use Water for on or off –reservation, out of stream use Up to200 cfs from Deschutes and Metolius rivers and the Pelton lakes combined. 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. 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. The Tribes’ Treaty Reserved Water Right is earlier than any other right in the Deschutes River Basin.

5/5/2015 CTWS - WATER RIGHTS SETTLEMENT AGREEMENT 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

To balance Social Ecological Cultural Economic For current and future generations