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December 23, 1994
Vol. 19 No. 26
350
Coyote News
in Brief
Gaming issues
Referendum scheduled
for December 27 will
impact many.
Anger Management
workshop
Sponsored by the J.C.
Commission for children
and families to take
place January 6.
Sisters of the Earth
Displayed in the
changing exhibits gallery
at the Museum at Warm
Springs. Local artist.
Lillian Pitt was one of the
organizers.
Education classes
Numerous classes
scheduled for January.
Registration begins
January 3.
Miss Warm Springs
receives award
Starla Green placed
second runner up at
NCAI pageant.
Fitness Challenge
results
W. S. Reservation
Runners win annual
November Fitness
Challenge.
6
Hints for great
Christmas gifts
Books make an excellent
gift for the holiday
season.
7
Merry Christmas and
Happy New Year from
all of us at
Spilyay Tymoo
Sid Miller
Donna Behrend
Saphronia Katchia
Selena Boise
Bob Medina
Tina Aguilar
Deadline for the
next Spilyay
Tymoo is
Friday,
December 30
Spilyay
(Coyote News)
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Principal Dawn Smith awaits the wet sponge toss as Warm Springs Elementary had a
Christmas Carnival to raise funds for computer equipment, Thursday, December 15.
Meetings set to discuss IRMP document
Recently, the Integrated Resource
Management Plan II Scoping
Document was distributed to tribal
member households for review and
comments. If you have not received
one and would like a codv. Dlease
call 553-3362 or stop by the Range
and Ag ottice in the Old
Administration Building.
Please note that this document is
not the final plan. It is a description
of the resource, summary of present
conditions, listine of coals and
objectives and a descriDtion of desired
future conditions. It was developed
from tribal member input during
meetincs held with Tribal Council.
districts, committees and a
questionnaire. We are now readv for
Phase II, which will incorporate
Water negotiations suspended; statement clarifies proposed agreement
The Confederated Tribes of Warm
Springs, the federal government and
the state of Oregon have been nego
tiating since the mid- 1980s to quan
tify the Treaty-reserved water rights
for the reservation. Negotiations
came to a close December 6 when
Tribal Council left the negotiations
without signing an agreement.
The state of Oregon lost focus ot
the ultimate goal," said Tribal Coun
cil Chairman Ray Calica. That goal,
said Calica, gives "us total control of
the water on the reservation and the
water running by the reservation."
Calica said also that after many
years of working and reworking an
agreement and discussing specific
issues important to all parties, new
faces appeared at the negotiating
table. "We were in the final stages of
an agreement, when issues that had
already been worked out, were
brought to the table again. Those
people could have been there all
alone, ." Calica added. It appeared to
Council members that progress had
ceased and that the negotiations were
going backwards. The Tribes won't
enter negotiations again until the state
can hammer out an agreeable docu
ment Until that lime, negotiations
have been suspended.
Calica said he suggested to the
state negotiators that "if you're sin
cere, let s talk the whole ceded area
and the usual and accustomed placed,
because we've lost focus" of the
purpose of the negotiations. Outside
interest groups were not allowed to
participate in the negotiations and
Calica felt their vocal objections to
an agreement caused the negotiations
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suggestions from the review process.
Phase II is the development of a draft
"We ore now ready for
Phase II which will incorpo
rate suggestions from the
review process."
plan.
During December and early
January, the IRMP II team will be
meeting with Tribal Council and
committees to review the document
and seek comments. Public meetings
are planned as follows:
Seekseequa Tuesday, January 10,
6:30 p.m. Agency Longhouse
to come to a halt.
Calica was doubtful that negotia
tions would resume in the near future.
"Asking for everything will take
decades to do...Protecting and se
curing rights for future generations
down the road is imperative," said
Calica. He asked state representatives
if they were willing to do that "I got
some agreement from them."
The agreement would guarantee
minimum in-stream flows that would
provide sufficient and quality water
for aquatic life. However, the
Deschutes County area, sixty miles
south of Warm Springs, is growing
rapidly and with that growth comes
demand for water. "Therefore, until
the state gets refocussed on the ulti
mate goal of the agreement, then we
will not go back to the table. If they
want to take in the entire ceded area,
fine."
The following statement was
prepared in response loan article that
appeared in The Bulletin shortly af
ter the negotiations were suspended.
The release appeared in the Sunday,
December 18 Bulletin.
It was recently reported in The
Bulletin that the Warm SpringsTribes
essentially "handed over" their wa
ter rights to the State of Oregon. This
statement is incorrect
The Tribal Council, State and
Federal negotiators believe that it is
important to set the record straight
for the benefitof both tribal members
and non-Indian residents of the
Deschutes River Basin, and have
therefore developed this joint public
statement
The Tribes have inhabited the
P.O. Box 870
Warm Springs, OR 97761
Address Correction Requested
fwm.,
Simnasho Wednesday, January
11, 6:30 p.m. Simnasho Longhouse
Agency Thursday, January 12,
6:30 p.m. Agency Longhouse
General Tuesday, January 17,
6:30 p.m. Agency Longhouse
Also notice, in the Scoping
Document it states that the last day ,
for public comments is January 2, ,
1995. Due to unforeseen,
circumstances, that time period has
been extended to February 3.
Likewise, the time line for
completing the draft and final plans,
as seen on page 4 of the Scoping
Document, has been revised and
extended by a few months.
For further information, contact
Robert Brunoe, IRMP II team leader
and Range and Ag Coordinator, at
553-3362.
Central Oregon area since time im
memorial. In 1855 the Tribes and
Bands of Middle Oregon signed a
treaty with the United States that
ceded to the US over 10,000,000
acres in Central Oregon while re
taining title to the lands that now
comprise the Reservation as well as
important off-reservation rights to
fish in streams and riveirand to hunt,
gather roots and berries and pasture
livestock on federal lands.
For over ten years, efforts in
volving the Tribes, the United States
and the State of Oregon have been
underway toquanufy the Treaty water
right associated with the Warm
Springs Reservation. For most of this
century Indian water rights claims
have been settled in the courts. This
process typically cost millions of
dollars and involved decades of liti
gation. The final results have gener
ally been unsatisfactory to all con
cerned. In the mid-1970s, then-President
Carter recognized that something had
to be done and initiated a policy by
which tribes, the United States and
individual states could resolve these
complex issuesoutside the courtroom
in a negotiated proceeding. This
policy has since been continued by
every president. Republican and
Democrat alike. In the early 1980s
the Warm Springs Tribes were
identified by the Secretary of the
Interior as a Tribe w hich had a high
probability of achieving a successful
negotiated settlement of its Reserva
tion water right because of the rela
tive abundance of water in the basin,
the unique hydrology and geology of
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U OF OR. SERIALS DEPT.
KNIGHT LIBRARY
1299 UNIVERSITY OF OR
EUGENE, OR 97403
Tribes ask that HUD monies
be released
LEGAL NOTICE
CONCURRENT NOTICE
NOTICE TO PUBLIC OF NO
SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND NOTICE TO
PUBLIC OF REQUEST FOR
RELEASE OF FEDERAL FUNDS
December 23, 1994
Confederated Tribes of Warm
Springs (CTWS)
Tribal Administration Building
Post Office Box C
Warm Springs, OR 97761
(503) 553-3270
To all interested Agencies, Groups
and Persons:
On or about January 10, 1995, the
Warm Springs Confederated Tribes
will request the U.S. Department of
Tribal offices
will be
closed
Monday,
December 26
and
Monday,
January 2
Museum to purchase artifacts
The Museum at Warm Springs
will be purchasing artifacts to
enhance the Tribal collection.
We are asking that you submit
only the finest artifacts in order to
represent the Confederated Tribes of
Warm Springs Reservation.
The articles most interested in are
the following: Cornhusk hairties;
bear claw necklaces; comhusk bags
(must be cornhusk and hemp, no
yarns please); beaded bags; men's
floral vests (on wool or broadcloth);
women's floral dresses (on wool);
buckskin dresses; cornhusk purses
(made like side purse); Paiute baby
boards; twisted tule mats; men's
tobacco pouches (must be in the old
the area, and the good working rela
tionship that the Tribes have had
with the State of Oregon over the
years. At the Secretary's request the
Tribes decided that it would be ap
propriate to begin the negotiation
and approached then-Governor
Atiyeh and his staff.
All parties determined that there
were significant benefits to be gained
by going ahead with the quantifica
tion proceeding. The Oregon legis
lature passed a special law authoriz
ing the State Water Resources Di
rector to negotiate on behalf of the
State with the Tribes and the United
"....parties have tried
to negotiate an
agreement that would
provide significant
benefits to all
Deschutes Basin
residents, Indian and
non-Indian alike."
States. Formal negotiation teams
were appointed by each party and the
parties began developing the neces
sary technical information with
which to proceed. Thirteen formal
negotiations sessions have been held.
AH sessions have been open to the
pub Ik: and an advisory group of ba
sin stakeholders was organized to
give the Water Resources Director
input from a wide variety of interest
U.S. Postage
Bulk Rate Permit No. 2
Warm Springs, OR 97761
Housing and Urban Development to
release Federal funds under Title 1 of
the Housing and Community
Development Act of 1974 (PL 93
383) for the following project:
Title: Elliott HeightsMiller
Heights Housing Rehabilitation
Project; Purpose: To provide safe
and healthy homes to Tribal membei s
and extend the useful life of
reservation housing stock;
Location: Jefferson County,
Warm Springs Indian Reservation.
It has been determined that such
request for release of funds will not
constitute an action significantly
affecting the quality of the
environment and accordingly the
above named Tribe has decided not
to prepare an Environmental Impact
Statement (EIS) under the National
Environmental Policy Act of 1969
(PL91-190).
The reasons for such decision not
to prepare an EIS are as follows: that
the project will neither socially nor
environmentally negatively impact
the areas designated for housing
rehabilitation construction within the
Confederated Tribes of Warm
Springs service area. The information
contained in the Environmental
Assessment Checklist prepared by
the CTWS indicate that an
Environmental Impact Statement is
not required.
An Environmental Review Record
for the project has been made by the
above named Tribe which documents
the environmental review of the
project and more fully sets forth the
Continued on page 8
style, x-long); and bow and arrow
(preferably with sinew).
The Museum at Warm Springs
requests the following: artifacts
submitted must be 50 years old or
older; one item per person andor
household; complete histories, date
item was made and name of maker
must accompany artifact.
Please pick up your application at
The Museum at Warm Springs
Administrative office. Deadline for
submitting artifacts is Thursday,
January 19, 1995.
If you have any questions please
contact The Museum staff or registrar
at 553-3331 from 8-5, Monday
through Friday.
groups.
From the beginning, the parties
have tried to negotiate an agreement
that would provide significant ben
efits to all Deschutes Basin residents,
Indian and non-Indian. Over the last
four years a great deal of progress
has been made toward that goal. We
are now hopefully nearing the
completion of a proposed agreement
that will do just that. The current
draft includes the following key pro
visions. First, we are all concerned about
provided protection for instream
flows for the rivers and streams within
the basin to preserve fish, recreation,
aesthetic and other values of the
rivers. Over 20 years ago, the Tribes
established formal instream flow
levels for the Reservation rivers and
have managed their water to protect
them. The Tribes have pledged in the
proposed agreement to continue
protection of instream flows on the .
Reservation. Likewise, the State of
Oregon has recognized the value of
maintaining a healthy aquatic eco
system and has been engaged for
several years in a state-wide process
to establish instream flow rights in
the rivers. This will provide vital
protection to both Tribal and non
Tribal interests in the rivers of the
State. A number of applications for
instream water rights in the Deschutes
Basin are pending and the State has
pledged to continue its administra
tive process in the Deschutes Basin.
Second, the Tribes, the United
States and the State of Oregon would
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