White Earth Nation joins lawsuit to defend new EPA water rule

WHITE EARTH — The White Earth Nation will join other tribal nations and environmental groups in a federal lawsuit defending a new Environmental Protection Agency rule mandating states to consider the treaty rights of water-dependent tribal nations.

The new EPA rule went into effect in June and set up a specific process for states to consider the vested rights of tribal members in water management decisions.

Attorneys general in a dozen states — including North Dakota, South Dakota and Iowa — filed the lawsuit earlier this month, claiming the EPA’s rule oversteps its authority to administer the Clean Water Act.

The reserved rights of tribal members include the rights to hunt, fish and gather on ceded territories outside reservation boundaries, including wild rice waters off-reservation.

The new EPA rule now requires states to include tribal input on water management decisions on ceded territories.

“Our treaties are not just historical documents; they are living agreements that must be honored in today’s policies and practices,” said Michael Fairbanks, chairman of the White Earth Band, in a news release.

Funding for this environmental story was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR).