Water Knows No Boundaries: Tribal Jurisdiction over Non-Indians' Off-Reservation Conduct that Threatens On-Reservation Tribal Water Resources

Furlong, Wesley J & Blumenthal, Lori E

Journal: Public Land & Resources Law Review

Volume: 48

Year: 2025

Bluebook Citation: 48 PUB. LAND & RESOURCES L. REV. (2025)

Author: Wesley James Furlong: all 11 publications


Abstract

This Article begins by discussing Manoomin and Sauk-Suiattle, orienting the reader to how these complicated jurisdictional issues have been addressed by Tribal courts. Next, this Article sets forth the current framework under Montana and Merrion for determining the extent of Tribal civil jurisdiction over non-Indians. Next, this Article examines the caselaw establishing Tribal Nations’ inherent sovereign authority to exercise civil jurisdiction over non-Indian activities and conduct occurring on-reservation that threaten or affect Tribal water resources and rights. Finally, this Article examines the caselaw that lays the groundwork for extending Tribal Nations’ civil jurisdiction over non-Indian activities and conduct occurring off-reservation that threaten or affect on-reservation Tribal water resources and rights.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.