30.01.020 Jurisdiction
All waters reserved, including but not limited to, the Treaty at Prairie du Chien between the Chippewa and the Sioux, August 19, 1825, and the Treaty at the Old Crossing of the Red Lake River, between the United States and the Red Lake and Pembina Band of Chippewa, October 2, 1863 and Executive Orders of December 21, 1882, March 29, 1884 and June 3, 1884, Government Document No. 444, Senate Report 693, 56th Cong. 1st Session., are held by the United States in trust, and ownership is held by the Turtle Mountain Band of Chippewa for the inalienable use and benefit of the Tribe and its members.
The Turtle Mountain Band of Chippewa invokes the Winters Doctrine as part of their claim to jurisdiction over tribal waters. The judicially crafted Winters Doctrine (1908) provides water for the needs of Native Americans who reside on federally reserved lands. The decision is one of the Supreme Court's foremost Indian law decisions and a landmark for water law. The Court held that when an Indian reservation is established, water rights accompany creation of the Indian homeland; water rights are reserved for the tribe.
On November 22, 2011, the Turtle Mountain Band of Chippewa Tribal Council unanimously voted to ban Hydraulic Fracturing and was signed into law on the 29th day of November, 2011.
The McCumber Agreement of 1892, between the TMBCI and the Federal Government our ancestors, recognized the importance of our natural resources for our future generations.
Article III: The land, woods, and waters above reserved for the Turtle Mountain Band of Chippewa Indians, subject to the stipulations contained in Article II of this treaty and agreement shall be held as common property of the Turtle Mountain Band of Chippewa Indians...by enacting this water act, tribal leaders are upholding the intent of our ancestors.
