ELR Citation: 53 ELR 20166
No(s). 22-1781 (JEB) (D.D.C. Oct 19, 2023) (Boasberg, J.)

A district court granted DOI's motion to dismiss a lawsuit concerning tribal water rights on the Crow Reservation in Montana. Tribal members who hold property on the reservation challenged the 2010 Crow Tribe Water Rights Settlement Act (Settlement Act), which provided benefits to the tribe in exchange for waivers and releases of all water rights claims that the tribe or individuals could have asserted against the United States, arguing their water rights had lost senior priority status, which reduced the market value of their allotments and meant they could be forced to forgo their use of a given water source if shortages were severe enough. The U.S. government moved to dismiss for lack of standing and failure to state a claim. The court found plaintiffs sufficiently established subject matter jurisdiction, but that their claims under the APA, the Settlement Act, and the Due Process Clause were all deficient in one way or another. It dismissed the suit.