Indian Peaks Band of Paiutes
The Indian Peaks Band of Paiutes, with their Indian Peaks Reservation terminated in 1954, held on to their federal reserved water rights. An historic and potentially precedent-setting achievement.
As is said in Paiute tradition:
The land is our Mother. Water is our Grandmother. Fire is our Grandfather. The Sun is our Father.
Indian Peaks Band of the Paiute Tribes of Utah
Historical Timeline and Background
& Water Management Capacities
1915-1924 Establishment of Indian Peaks Reservation via Executive Orders in 1915, 1920, 1921, 1923. In 1924, Congress added 4 sections to the Indian Peak Reservation.
1954 Termination of Indian Peaks Band under the 1954 Termination Act 25 U.S.C. §741-760, P.L. 83-762. But § 745 (d) and §752 expressly reserved subsurface rights and water rights for the IPB.
1956 Trust Agreement pursuant to 1954 Termination Act. USA gives and grants to IPB Trustee the Sections 13-15, 21-28, 33-35 from T29S R18W (8,960 acres).
1956 Trustee’s Deed reserved unto Grantor (Trustee for the Indian Peaks Band) and its successors and assigns: All subsurface rights in and to the land above described; right to use and develop surface and subsurface waters; and rights-of-way and easements for subsurface possession, development, operation, extraction.
1958 State of Utah granted parts of IPB original reservation to Utah Fish & Game.
1966 Trustee’s Deed. Subsurface rights transferred to Tribal beneficiaries.
1980 Paiute Indian Tribe of Utah Restoration Act, P.L. 96-227, 94 Stat. 317, 25 USC 760-768. The Act restored the federal trust relationship with the Utah Paiutes, including IPB. Pursuant to Section 3(b) of the Act, “all rights and privileges of the tribe and of members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other authority, which were diminished or lost under the Act of September 1, 1954 (68 Stat. 1099), are hereby restored.”
1981 IPB’s subsurface rights conveyed to the United States in trust for IPB, pursuant to Act of April 3, 1980, P.L. 96-227,
1981 Bureau of Indian Affairs (BIA) signed acceptance of Tribal conveyance of rights, as referenced above, to the United States in trust for the Indian Peaks Band. (Exhibit A).
2009 Solicitor’s Opinion dated November 12, 2009, concluded that IPB has subsurface and water rights on the original Indian Peak Reservation in Pine Valley.
2019 Settlement Agreement between the Utah State Engineer, Central Iron County Water Conservancy District (CICWCD), Beaver County, Utah School and Institutional Trust Lands Administration (SITLA), and the Utah Alunite Corporation. The State Engineer approved 15,000 acre-feet per year for CICWCD without notifying IPB or considering IPB’s priority water rights.
2022 BLM finalized the Draft EIS for the Pine Valley Water Supply Project and opened the public comment period.
2022 IPB protested the Pine Valley Water Supply Project DEIS, noting that BLM’s DEIS would illegally authorize injury to IPB’s federal reserved water rights.
Water Management Priorities
The Indian Peaks Band’s top priority is to protect their federal reserved water rights in Pine Valley at the original Indian Peaks Reservation. The other top priority is to provide for current water needs at existing reservation by Cedar City.
Existing Water-Related Capacity
Indian Peaks Band has very limited water management capacities that serve the immediate needs of the reservation community, including both residential housing at the Cedar City reservation and IPB’s commercial RV park. All legal, policy, and water capacity decisions fall to the Chairwoman. There is one maintenance worker who works on the domestic water infrastructure repairs and maintenance. For other needs, they rely on outside assistance, as the Paiute Tribe of Utah is 85% funded by grants and outside assistance.
Capacity-Building Needs and Interests
The IPB has substantial capacity-building needs and interests. First, there is a major need water for reservation expansion. They would like to transfer State water rights to Federal water rights, so Tribes don’t have to answer to the State of Utah and deal with pressure/ultimatums from Utah. They would like to develop groundwater recharge reservoir as economic benefit (fishing & rec). There is a need to maintain water system for reservation and IPB-owned RV park (commercial), including water testing and treatment to meet safe drinking standards. They need to fund and hire an IPB-specialized water resource manager so they can handle the Band’s water issues and needs.