Water and the Water and the Confederated Confederated

Tribes of Warm Tribes of Warm SpringsSprings

Who We AreWho We Are There are three There are three

tribes that make up tribes that make up the Confederated the Confederated Tribes of Warm Tribes of Warm Springs - Warm Springs - Warm Springs, Wasco and Springs, Wasco and PaiutePaiute

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

TreatyTreaty A treaty was signed with A treaty was signed with

the US Government in the US Government in 1855.1855.

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

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

Tribal CouncilTribal Council

The Council is made up of 11 The Council is made up of 11 membersmembers

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

Eight of them are elected every Eight of them are elected every three years.three years.

They meet four days a weekThey meet four days a week

From the Tribal From the Tribal Declaration of Declaration of SovereigntySovereignty

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

The CultureThe Culture Resources important to the Resources important to the

tribes:tribes: Water, fish, wildlife, roots and Water, fish, wildlife, roots and

berries. These are in an order berries. These are in an order that was given to the tribes by that was given to the tribes by the Creator.the Creator.

Why is this important? These Why is this important? These gifts from the Creator.gifts from the Creator. Guides our way of life, is part of Guides our way of life, is part of

our spirituality, gives our our spirituality, gives our connection to the land and is the connection to the land and is the base for our natural resource base for our natural resource management.management.

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

Water Rights TimelineWater 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.

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

THIS AGREEMENT IS THIS AGREEMENT IS BETWEEN:BETWEEN:

The Confederated Tribes of The Confederated Tribes of Warm Springs Reservation Warm Springs Reservation of Oregonof Oregon

The State of OregonThe State of Oregon The United States of The United States of

AmericaAmerica

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

OLD WAY (PIA)TO OLD WAY (PIA)TO DETERMINE RESERVATED DETERMINE RESERVATED

WATER RIGHTSWATER RIGHTS Determine Total Acres within the Determine Total Acres within the Reservation. 640,000 acresReservation. 640,000 acres

Determine acres of land having soil Determine acres of land having soil capable of supporting agriculture. capable of supporting agriculture.

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

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

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

NEW WAYS TO NEW WAYS TO DETERMINE TRIBES DETERMINE TRIBES

CONSUMPTIVE RIGHT.CONSUMPTIVE RIGHT. Determine amount of water flowing Determine amount of water flowing

in streams (Cubic Feet per Second).in streams (Cubic Feet per Second). Guarantee that “minimum flows” Guarantee that “minimum flows”

are protected.are protected. The difference between these two is The difference between these two is

the consumptive right.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.

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

Background Background The Tribes have a long history of The Tribes have a long history of

protecting river flows on the protecting river flows on the Reservation to preserve and Reservation to preserve and improve fisheries.improve fisheries.

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

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

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

GENERAL PURPOSESGENERAL PURPOSES PROTECTION OF FISH AND WILDLIFE.PROTECTION OF FISH AND WILDLIFE.

All parties support the Tribes’ long-standing All parties support the Tribes’ long-standing commitment to:commitment to: Protection of stream flows to maintain healthy Protection of stream flows to maintain healthy

conditions for fish and wildlife in the Deschutes conditions for fish and wildlife in the Deschutes River Basin.River Basin.

Equitable management of water resources on the Equitable management of water resources on the Reservation.Reservation.

All Parties:All Parties: Recognize the importance of Tributaries to the Recognize the importance of Tributaries to the

Deschutes Basin.Deschutes Basin. Desire to cooperate in the long-term protection of Desire to cooperate in the long-term protection of

all fisheries.all fisheries.

Tribes Reserved Water Tribes Reserved Water rightsrights The basis is the treatyThe basis is the treaty

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

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

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

Tribes Reserved Water Tribes Reserved Water rightsrights

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

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

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

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

04/18/23CTWS - WATER RIGHTS SETTLEMENT AGREEMENT

Tribes Reserved Water Tribes Reserved Water rightsrights

Instream water in the Deschutes Instream water in the Deschutes and Metolius Rivers:and Metolius Rivers:

* to protect the Aquatic Ecosystem.* to protect the Aquatic Ecosystem.

* to support the Tribes Treaty * to support the Tribes Treaty Rights on the Reservation.Rights on the Reservation.

Deschutes River = 3,000 – 3,500 cfsDeschutes River = 3,000 – 3,500 cfs

Metolius River = 1,150 – 1,240 cfsMetolius River = 1,150 – 1,240 cfs

To balanceTo balance

SocialSocial EcologicalEcological Cultural Cultural Economic Economic

For currentFor current and future and future

generationsgenerations