IDSC Opinion - Homeland Determination

The Idaho Supreme Court reversed the district court’s decisions as follows: first, the district court improperly applied New Mexico’s primary-secondary distinction and instead should have analyzed the claims from the perspective of what the Tribe needed to establish a homeland. Under that framework, the district court should have allowed aboriginal purposes of plant gathering and cultural uses; second, the priority date associated with nonconsumptive water rights on lands reacquired by the tribe was found to be time immemorial. The Court affirmed the remainder of the district court’s decisions and remanded for proceedings consistent with the opinio

IDSC Opinion - Homeland Determination

The Idaho Supreme Court reversed the district court’s decisions as follows: first, the district court improperly applied New Mexico’s primary-secondary distinction and instead should have analyzed the claims from the perspective of what the Tribe needed to establish a homeland. Under that framework, the district court should have allowed aboriginal purposes of plant gathering and cultural uses; second, the priority date associated with nonconsumptive water rights on lands reacquired by the tribe was found to be time immemorial. The Court affirmed the remainder of the district court’s decisions and remanded for proceedings consistent with the opinio

IDSC Opinion - Homeland Determination

The Idaho Supreme Court reversed the district court’s decisions as follows: first, the district court improperly applied New Mexico’s primary-secondary distinction and instead should have analyzed the claims from the perspective of what the Tribe needed to establish a homeland. Under that framework, the district court should have allowed aboriginal purposes of plant gathering and cultural uses; second, the priority date associated with nonconsumptive water rights on lands reacquired by the tribe was found to be time immemorial. The Court affirmed the remainder of the district court’s decisions and remanded for proceedings consistent with the opinio