Water users in California who are fighting tribal treaty rights have a close ally at the Interior Department in a top Bush administration appointee who used to work for them.

For 10 years, Jason Peltier was head of the Central Valley Project Water Users Association. Now he serves as deputy assistant secretary for water and science and is involved in matters that directly affect the financial interests of the users.

Peltier received special clearance from Interior's ethics office to take part in negotiations for new contracts with the association and related issues. The contracts would allow users to buy water at prices far below fair market value. Another pending decision would alleviate the association of having to pay up to $11.5 million a yea for an environmental restoration fund.

Separately, the Central Valley Project Water Users Association filed a lawsuit to challenge the Clinton administration's decision to restore flows in the Trinity River, hundreds of miles to the north. They claimed their water usage would be harmed by recognizing the treaty rights of tribes on the California-Oregon border.

The 9th Circuit Court of Appeals rejected the challenge, citing "staggering" scientific evidence to support higher flows in order to benefit the Hoopa Valley Tribe and the Yurok Tribe, who have treaty rights to the water and treaty rights to fish.

Get the Story:
For Thirsty Farmers, Old Friends at Interior Dept. (The New York Times 3/3)
pwnyt

Decision in Orff v. US:
Syllabus | Opinion [Thomas]

Court Decision:
WESTLANDS WATER DIST V HOOPA VALLEY TRIBE (July 13, 2004)

Relevant Links:
Hoopa Valley Tribe - http://www.hoopa-nsn.gov
Wetlands Water District - http://www.westlandswater.org/wwd/default2.asp
Northern California Power Agency - http://www.ncpa.com

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