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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1 9 7 7 C O N F E R E N C E O F T R I B A L G O V E R N M E N T S Doubletree Inn, Tukwila February 12-15, 1977 POLICY RESOLUTION NATURAL RESOURCES PREAMBLE: By virtue of their having lived upon the land now within the boundaries of Washington State from a time predating European influences, Indian people have basic property rights and interests in the natural resources of this entire area. These rights and interests have been recognized in at least five ways: aboriginal possession, treaties, act of Congress, executive action, and purchase. Any authority that the State of Washington has obtained to regulate the natural resources within the State applies, by virtue of the Enabling Act of the State, only to those rights which were specifically taken from the Indian people either by treaty, executive order, or act of Congress. The Enabling Act to which the State of Washington owes its existence states as follows: "...the people inhabiting said proposed state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within the said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States...." WHEREAS, the Conference of Tribal Governments recognizes the following immutable and undisputed principle of Indian rights to their natural resources which are private rights for the exclusive use and benefit of Indians and are not public rights to be controlled by the unilateral action of the United States or the State of Washington; and WHEREAS, Indian resource rights are inherent sovereign rights deriving from aboriginal ownership. Such Indian rights may extend beyond reservation boundaries to ceded lands or to usual and accustomed places; and WHEREAS, all Indian title and ownership applies not only to land, but to all natural resources contained thereon and adjacent to those lands, and the paramount nature of aboriginal water rights as defined in the Winters Doctrine; and WHEREAS, the Tribes' ownership rights to tidelands extend to the continental shelf and beyond and the Tribes' use of water extend to all waters; and WHEREAS, the Tribes' rights to the use of water have been well cataloged in a whole line of United States Court decisions beginning with the Winters Case and followed by a whole line of cases expanding upon the original Winters Doctrine which included, but were not limited to, the potential and future needs of tribal and allotted lands and applies to all waters that traverse upon, flow under, or arise upon Indian lands. NOW, THEREFORE BE IT RESOLVED, that the State of Washington shall henceforth pursue a policy of cooperation with the Tribal Governments regarding natural resource matters and shall actively develop the necessary technical, administrative and legal mechanisms to deal effectively with Tribal Governments to that end, including them in all phases of natural resource policies, planning and development; and BE IT FURTHER RESOLVED that the State of Washington recognize and respect the unique feature of the Indian and Tribal Winters Doctrine rights to the use of water and issue no further permits on reservations or water in which the Tribes have an interest and invalidate existing permits on Indian Reservations. Introduced by: Russell Jim, Chairman Committee on Natural Resources Adopted: February 15, 1977 Conference of Tribal Governments -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp.halcyon.com /pub/FWDP/CWIS Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 206-786-9629 OCR Provided by Caere Corporation's PageKeeper