Spilyay Tymoo
Coyote News, est. 1976
June 20, 2018 - Vol. 43, No. 13
June – Atixan – Spring - Wawaxam
Tribes are party to Deschutes River lawsuit
Since 2010 a part of the Pelton-
Round Butte hydro operation has
been the selective water withdrawal,
or fish tower. One purpose of the
tower is to facilitate the downstream
migration of fish such as salmon.
The tower is part an overall ef-
fort to re-establish migrating salmon
and steelhead above the Pelton-
Round Butte system, owned and
operated since 2000 by Portland
General Electric and the Confeder-
ated Tribes.
Fish passage was blocked when
the dams were built in the 1950 and
‘60s, as the original fish passage
design never worked. Part of the
problem was the inability of down-
stream migrating fish to find their
way through Lake Billy Chinook,
because there was no downstream
current.
The selective water withdrawal
tower helps create a surface cur-
rent in the lake by drawing water
from the top of the lake.
Regarding temperature, the
cooler water is at the bottom of
the lake, and the warmer at the
top. The tower allows the project
managers to mix these waters as
they released through the dam.
The intent is to match what would
be the natural temperature down-
stream during various times of
year.
In the early 2000s these and
other aspects of the fish recovery
effort were key parts of Pelton-
Round Butte Federal Energ y
Regulatory Commission relicensing
process. The intent at the time, as
it remains today, is to bring salmon
back to habitat in the Upper
Deschutes basin for future genera-
tions, said Tribal Councilman
Raymond Tsumpti.
In 2016 a group, the Maupin-
based Deschutes River Alliance,
sued PGE alleging violations of the
federal Clean Water Act in the op-
eration of Pelton-Round Butte, es-
pecially the selective water with-
drawal tower.
The Confederated Tribes were
not named as party to the lawsuit,
though the tribes have participated
in the case in defense of the op-
eration of the fish passage facil-
ity.
Recently in court, PGE argued
that the tribes, as co-owner–opera-
tors, are an essential party to the
suit. But the tribes cannot be
joined because of tribal sover-
eign immunity; so the case
should be dismissed, PGE ar-
gued.
U.S. District Judge Michael
H. Simon agreed with an aspect
of this argument—that the
tribes are an essential party. But
Judge Simon also ruled the tribes
can be joined, citing federal court
precedents:
“Among the core aspects of
sovereignty that tribes possess—
subject to Congressional ac-
tion—is the common-law im-
munity from suit traditionally
enjoyed by sovereign powers.”
And:
See LAWSUIT on 2
Memorable time at fiftieth class reunion
A s a young teenager some 50
years ago, Tina Aguilar left Warm
Springs for boarding school. It
was late summer 1964 when she
made the long bus ride to north
central Oklahoma, to the
Chilocco Indian School.
Her grandmother Rose
Kuckup Kalama had been wor-
ried about Tina staying in Warm
Springs at the time: There were
bad influences, drinking and
fighting around their home.
Tina was thinking she wanted
to go to a boarding school closer
to Warm Springs, but her grand-
mother said, “No, you’re going
to Chilocco.”
The school was one of the
five original non-reservation
boarding schools established by
Congress in 1882. These days
Chilocco is no longer a school:
the buildings now house a mili-
tary base.
But in the 1960s, when Tina
was living there, Chilocco was
high school for Native students
from all across the U.S., from
Oregon and Washington to
Oklahoma and Florida.
Her best friend Dorothy
‘Pebbles’ George was there at
the time, and several other young
people from Warm Springs.
Theirs was one of the biggest
Tina Aguilar (third from left) with Class of 1968 visit the Chilocco Cemetery.
classes at Chilocco.
One time early on, Tina and
Pebbles ran away from school.
They had to do community ser-
vice work, though the school staff
were nice about it. And after that
their friend Alex Stone—from
Oklahoma, captain of the basket-
ball, football and baseball teams—
made a point of keeping them out
of trouble.
See REUNION on page 2
The Confederated Tribes of
Warm Springs filed ‘friend of the
court’ briefs in favor of the U.S.
and Washington tribal position: The
treaty language in question, regarding
tribal fishing rights, is the similar and
at times the same as that of the
Confederated Tribes of War m
Springs’ Treaty of 1855.
Umatilla and the Nez Perce also
made legal arguments in support of
the tribes. Yakama Nation is a party
of the lawsuit.
Last week the U.S. Supreme
Court found in favor of the
Washington tribes, a significant
Courtesy Tina Aguilar
The entrance to the school, shown here with Angela Mendez,
Shoshone Bannock, still stands. The school, though, has been
converted to a military facility.
victory for treaty rights, tribes and
fisheries.
In their ruling, the Supreme
Court justices tied 4-4 in the long-
running dispute: The tie means the
U.S. Ninth Circuit Court of Appeals
ruling—in favor of the tribes—is
affirmed.
The appeals court ruling had
affirmed a district court order in
2013, requiring the state to fix or
replace hundreds of the highest-
priority culverts within 17 years.
Washington argued that federal
treaties with the tribes created no
obligation to restore salmon habitat.
ECR WSS
Postal Patron
U.S. Postage
PRSRT STD
Warm Springs, OR 97761
Health Fair,
Horse Parade
The Pi-Ume-Sha Health Fair is
happening this Wednesday, June 20
at the Community Center. Stop by
to see the new demonstration area,
where health workers are giving fit-
ness and cooking demonstrations.
The fair is hosted by the Con-
federated Tribes and Health and
Human Services.
The Museum at Warm Springs
this week will open the new exhibit
Memor y of the Land: The Treaty
of the Middle Columbia River Tribes
and Bands.
Opening the exhibit, the museum
will host a Traditional Horse Pa-
rade this Thursday, June 21. The
parade line-up is at 4:30 p.m., and
the parade starts at 5. There will
be a salmon bake and special guests
starting at 6 p.m.
Forty-Ninth
Pi-Ume-Sha
Tribal, fisheries victory with culvert case
The question was whether the
state of Washington must pay
billions to fix or replace hundreds
of culverts.
The culverts are pipes of varying
sizes that allow streams to pass
beneath roads, a less expensive
alternative to bridges.
But the culverts—and there are
hundreds of them across the state—
can block migrating salmon.
The U.S. Supreme Court heard
the arguments from both sides—
the United States and Northwest
Indian tribes, versus the state of
Washington—in April.
PO Box 489
Warm Springs, OR 97761
They said the ruling would
force the state to perfor m
work that wouldn’t benefit
salmon because other barriers
may completely block fish.
The state also said the state’s
taxpayers would be responsible
for fixing problems created by
the federal government, when
it specified the design standards
for the state’s old highway
culverts.
Washington state officials
have said addressing the
culvert problem could cost as
much as $2.4 billion.
The Pi-Ume-Sha Queen Recep-
tion will be at 6 p.m. this Thursday,
June 21 at the powwow grounds.
Everyone is welcome. New and re-
joining giveaways happening this
evening as well.
The Pi-Ume-Sha Stick Games
start at noon on Friday, June 22.
And on Friday registration for danc-
ers opens at 3 p.m. New and
rejoiners at 6.
Registration for drummers
opens at 6:30 on Friday. The first
Grand Entry of Pi-Ume-Sha 2018
is at 7 p.m. Friday.
Treaty Days this year is marking
the one-hundred and sixty-third
anniversary of the signing of the
Treaty of 1855, signed in that year
on June 25. That was a Monday;
this year June 25 also falls on a
Monday.
The Forty-Ninth Annual Pi-
Ume-Sha will feature the individual
and team dance competitions, Ol’
Style and other specials, Men’s
round Bustle and Women’s Shell
Dress.
The Traditional Parade is Satur-
day morning, June 23. The Pi-Ume-
Sha theme this year is ‘Chuush iwa
naami waq’ishwit,’ meaning ‘Water
is our life.’
Parade lineup starts at 9:30 in
front of the former elementary
school. And the parade starts at
11.
The Warm Springs Outdoor
Market will be open this Friday and
Saturday during Pi-Ume-Sha,
hosted by the Warm Springs Com-
munity Action Team and the
Tananawit artisans group.
There will be breakfasts at the
community center on Saturday and
Sunday mornings, supporting the
Senior Program. The Endurance
Horse Race is Saturday morning
starting at the Shaker Church.
Warm Springs Recreation and
Juvenile Crime Prevention are host-
ing the Pi-Ume-Sha Fun Run on
Saturday. There will be rodeo, men
and women’s softball, boxing and
golf.