indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Sovereignty and E-Commerce:  Innovating and Reshaping the  Borders of Indian Country - Arizona State University Third Annual Tribal Government E-Commerce CLE Conference
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Non-Indian tenant loses bid to stay on Colorado River Reservation

Filed Under: Law
More on: arizona, bia, california, crit, dc circuit
     
   

A welcome sign on the Colorado River Indian Reservation in Parker, Arizona. Photo: moominsean

A non-Indian leaseholder has lost an appeal in a long-running dispute over the boundaries of the Colorado River Indian Reservation.

In 1949, the late William Tuttle purchased 92 acres only to find out that the land actually belonged to the Colorado River Indian Tribes. After decades of talks, he signed a lease in 1977 that allowed him to stay on the property for another 50 years.

But Tuttle and other non-Indians slowly became upset with the way they were treated by the tribe and by the Bureau of Indian Affairs. Many stopped making payments on their leases, prompting terminations and eviction proceedings.

That's what happened to Tuttle in 2010, when the BIA terminated his lease after he defaulted on it. But he remained defiant, despite his old age, and refused to leave the property.

"If they're allowed to make their own law, what value do any of us got?" Tuttle told Deutsche Welle, a German publication, in 2013. He was 91 years old at the time.

Tuttle challenged the termination of his lease in federal court but he passed away before a ruling was reached against him. His widow, Carol, took the case to the D.C. Circuit Court of Appeals but lost again.

In an unpublished decision that was issued on Tuesday without the need for oral argument, the court said the "BIA adhered to all relevant regulations and provisions of the lease when it terminated the contract."

"Where the tenant fails to cure, the BIA is required to consult with the Indian landowner – in this case, the tribe – to decide whether to cancel the lease or pursue other remedies," the ruling continued.

"The BIA complied with all of these procedures," the court stated in the per curiam order.

President Abraham Lincoln signed an executive order on March 3, 1865 that set aside a homeland for the Mohave people along the Colorado River in Arizona and California. Subsequent actions brought the Chemehuevi, Hopi and Navajo peoples to the reservation, resulting in a unique community seen today.

But the shifting course of the Colorado River led to disputes with non-Indians over the boundaries of the reservation. The tribe and the federal government have consistently prevailed in litigation although some holdouts continue to believe the matter hasn't been settled.

At one point, they convinced the attorney general of California to submit a brief in one case which argued that the reservation does not include lands on the California side of the river. The lawsuit was resolved without deciding that issue.

Turtle Talk has posted documents from the case, Tuttle v. Zinke.

Related Stories:
Colorado River Indian Tribes celebrate 150 years after reservation (03/01)
Colorado River Indian Tribes historian Michael Tsosie passes on (01/20)
Non-Indian tenant plans to fight Colorado River Indian Tribes (02/19)
Judge backs Colorado River Indian Tribes in jurisdiction case (02/17)
Non-Indians refuse to pay rent to Colorado River Indian Tribes (01/15)
Colorado River Indian Tribes don't plan to remove 'illegal aliens' (01/12)
Petition asks CRIT to remove non-Indians from disputed territory (01/07)
California supports non-Indian man in reservation boundary case (12/16)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Bill removes blood quantum requirement for Five Civilized Tribes (5/26)
Mark Trahant: Voting is just sooo hard in the era of Donald Trump (5/26)
Ryan Benally: Bears Ears was false promise for Native Americans (5/26)
Adrian Jawort: Should non-Natives ever write about our people? (5/26)
Native turnout fails to sway closely-watched election in Montana (5/26)
Eastern Cherokee council ousts chief for only 2nd time in history (5/26)
Standing Rock Sioux Tribe into election season with crowded field (5/26)
Lacrosse documentary 'Pride of a Nation' opens to strong reviews (5/26)
Seminole Tribe working hard to rid new casino of Trump's influence (5/26)
Lawmakers once again seek fixes to 'broken' Indian Health Service (5/25)
Secretary Zinke headed to National Congress of American Indians (5/25)
Bureau of Indian Affairs opens listening sessions on reorganization (5/25)
Kevin Washburn: Indian Country feels the pain with Donald Trump (5/25)
Yakama Nation landowners weigh offers as buy-back winds down (5/25)
Flandreau Santee Sioux Tribe cannabis consultant found not guilty (5/25)
Secretary Zinke plans to work with tribes on drilling push in Alaska (5/25)
Republican candidate to replace Ryan Zinke charged with assault (5/25)
Democrats drop Andrew Jackson from name of event in Arkansas (5/25)
Chickasaw Nation breaks ground on $10M casino by Texas border (5/25)
Washoe Tribe celebrates 1st anniversary of unique gaming facility (5/25)
Keweenaw Bay Indian Community shares update on casino work (5/25)
Trump administration ready to let Cobell program run out of funds (5/24)
Northwest tribes slam Trump's budget for cuts to Indian programs (5/24)
Cheyenne River Sioux Tribe finds one bright spot in Trump's budget (5/24)
Pascua Yaqui Tribe reports jury conviction of non-Indian offender (5/24)
YES! Magazine: Native birthing center maintains tribal traditions (5/24)
Peter d'Errico: Founding Fathers conspired to take land from tribes (5/24)
Eastern Cherokee chief questions fairness of impeachment hearing (5/24)
Another guilty plea in theft of gaming funds from Winnebago Tribe (5/24)
Tribes clear legislative hurdle in bid for new casino in Connecticut (5/24)
President Trump confirms Indian Country's worst fears with budget (5/23)
Office of Special Trustee pitches lower budget as 'taxpayer' savings (5/23)
Steven Newcomb: Monuments to white supremacy harm our people (5/23)
Two more spills of oil from Dakota Access Pipeline in North Dakota (5/23)
Native woman in skirt and sandals wins ultramarathon in Mexico (5/23)
Brothers from Huichol Tribe murdered as drug war rages in Mexico (5/23)
Iowa Tribe misses deadline again to launch internet poker project (5/23)
Mississippi Choctaw citizens request vote on $25M casino project (5/23)
Aquinnah Wampanoag Tribe must wait to restart work on casino (5/23)
Documents show few meetings between Secretary Zinke and tribes (5/22)
Landowners on 2 reservations in Nebraska receive buy-back offers (5/22)
Human Rights Complaint: 'We are only letting the white people in' (5/22)
Mark Trahant: Funds for Indian health in danger under Republicans (5/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.