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Showing posts with label water rights. Show all posts
Showing posts with label water rights. Show all posts

Saturday, January 9, 2016

Here ya go Taunton!


Check out: 

REELWAMPS





Federal Government Designates Mashpee Wampanoag Tribal Lands As A Reservation


MASHPEE – The federal government has officially designated the Mashpee Wampanoag Tribe’s lands as a reservation, the final hurdle needed before the tribe begins their $500 million resort casino project in Taunton.
The declaration was published today in the federal register by the U.S. Department of the Interior, two months after land in both Taunton and Mashpee was placed into trust by the federal government on behalf of the tribe. The tribe has 321 acres in both towns under its control.
“This cements our right to self-determination now and for future generations,” said Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell. “After decades of painstaking work, we are overjoyed the government of the United States has officially issued this reservation proclamation, as we are witnessing the re-birth of our nation.”
The proclamation establishes a land base for tribal self-government under federal law. The tribe has come to Mutual Aid Agreements with the Commonwealth of Massachusetts and the City of Taunton. Tribal officials say the move also means they can move forward with immediate infrastructure in Mashpee, including the establishment of emergency services on Tribal lands.
Tribal leaders are also working on a Mutual Aid Agreement with the Barnstable County Sheriff’s Office to establish dispatch services, a holding cell, and a booking room.
“Re-establishing sovereignty and building a modern nation is no small task,” said Cromwell. “In addition to establishing formal relationships with state and municipal agencies in relation to emergency services, we’ve also adopted a body of criminal law that essentially mirrors state law. Working in conjunction with our Tribal court system, tribal law will be enforced by recently deputized tribal police officers, each of whom has extensive law enforcement experience.”
The Mashpee Wampanoag Tribe has approximately 2,600 citizens.
The tribe was federally recognized in 2007. Federally recognized Native American tribes are allowed to build casinos on native land, or land that has been taken into federal trust.
The 2011 law that legalized casino gambling in Massachusetts provided for a casino in eastern and western Massachusetts, a slots-only casino, and a casino set-aside for a federally recognized Native American tribe.
The state’s gaming commission has also been considering the possibility of issuing another commercial casino license for southeastern Massachusetts.
MGM Resorts is planning a casino for Springfield, while Wynn Resorts is looking to build a gaming resort in Everett. The slots-only casino has already opened in Plainville.
By Matt McCarthy, CapeCod.com Newscenter
http://www.capecod.com/newscenter/federal-government-designates-mashpee-wampanoag-tribal-lands-as-a-reservation/



Feds place Mashpee Wampanoag tribal lands in trust, paving the way for Taunton casino

THE ASSOCIATED PRESS  
January 08, 2016


MASHPEE, Massachusetts — The federal government has placed Mashpee Wampanoag tribal lands in trust as a reservation, paving the way for the Cape Cod tribe to begin construction of a casino in Taunton.

The U.S. Department of Interior's designation was published in the federal register on Friday, less than two months after the Wampanoags transferred formal ownership of approximately 321 acres of lands in Mashpee and Taunton to the federal government to be held in trust.

Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell said in a statement the designation "cements our right to self-determination now and for future generations."

In addition to reaffirming the tribe's intent to build a resort casino, Cromwell says the move also allows the Wampanoags to establish public safety services on tribal lands.



Wednesday, December 4, 2013

Mashpee Wampanoag/Genting Tribe resorts to name-calling!

To those blind supporters who have blindly accepted the Fools' Gold offered and failed to consider FACTS: how can you think the crime and poverty and unemployment of Atlantic City will avoid you?

This is what you're supporting:




Re-wind the tape to Mashpee Wampanoag performances in Middleboro.


Before becoming a guest in federal prison, Glenn Marshall responded to simple questions about the casino impacts with irrational accusations of racism.....



The Mashpee Wampanoag/Genting Tribe seems to have continued its name-calling, blinded to the debt they've incurred courtesy of Genting and living well beyond their means!



You sold your souls, folks!

You don't even understand what you've done....

The day this was posted, it was saved in its entirety. The site was hacked.

When the site was restored, this entry was missing:

Genting Connected to Islamic Extremists?

No one even asks who you got in bed with?


FROM SHNS:

STICKS AND STONES: According to
Mashpee Wampanoag Tribal Vice Chairwoman Jessie "Little Doe" Baird, there were
certain kinds of people at last night's Bureau of Indian Affairs hearing about
the tribe's plan to build a casino in Taunton: tribal members and their allies -
okay, fine - "NIMBYs" - as you would expect - 
"xenophobes" and "skinheads" - hey now! You can image that casino opponents weren't thrilled with the characterization.

 
Casino backers, opponents clash at Taunton public hearing
By Gerry Tuoti
Posted Dec 04, 2013

 
The Bureau of Indian Affairs came to town Tuesday as supporters and opponents of the Mashpee Wampanoag tribe’s proposed casino shared their views and concerns, occasionally clashing with one another.

“Acquiring the land that is subject to this land-in-trust application is essential to the sovereignty of the Mashpee Wampanoag tribe,” Tribal Chairman Cedric Cromwell said.

The BIA held the hearing Tuesday at Taunton High School to solicit public comments on the draft environmental impact statement. The study details impacts the Mashpee Wampanoag tribe’s proposal to build a $500 million resort casino on 151 acres in and around Liberty Union Industrial
Park in East Taunton would have on infrastructure and the environment.

The issuance of the draft environmental impact statement and the public review of the study is a standard step in the complex land-in-trust application process the tribe is undergoing.

Tribal Vice Chairwoman Jessie “Little Doe” Baird said the land is part of the Mashpee’s ancestral territory. She then told the BIA officials that they would hear comments from all types of people, including “xenophobes”, “skinheads” and “NIMBYs”, as well as tribal members and their allies.
Some casino opponents said they found Baird’s comments unfair.

“Jessie ‘Little Doe’ Baird has offended me,” said Francis Legace, who lives on Stevens Street, 1/8 mile away from the proposed casino site. “I’m not a xenophobe; I’m trying to protect my home... Her statement was very inflammatory.”

The tribe’s plans call for a 400,000-square-foot resort casino featuring a 15-story hotel tower, a total of 900 hotel rooms, a 132,000 gambling floor and multiple restaurants. A 25,000-square-foot water park would be added in the final round of construction

“This project will create jobs that are desperately needed in southeastern Massachusetts,” casino supporter David Fenton said.

Some opponents questioned the conclusions in the report.

“I find so many half truths, lies of omission and outright lies in this report, I can describe it only as fraudulent,” Middleboro Selectman Allin Frawley said.



The Mashpee signed an agreement with Middleboro in 2007 to build a casino in that town, and Frawley accused the tribe of failing to uphold the terms of the pact.

The report describes the current conditions at the proposed casino site, projects the impacts a casino would have on the area and details planned mitigation. It also describes the impacts two scaled-down alternatives would have, as well as a no-build option.

The tribe’s preferred plan would result in a number of impacts on existing infrastructure, including more than 20,000 new vehicle trips on peak days, an increase of more than 300,000 gallons per day drawn from Taunton’s water system and 225,000 additional gallons of wastewater generated each day, according to the report.

The traffic figure includes more than 10,000 trips in and out of the casino.

Epsilon Associates Project Manager David Hewitt, who helped prepare the study, said the proposed infrastructure mitigation would make traffic flow “equal to or better” than it currently does at many intersections in the city, despite the large increase in volume.

Proposed mitigation includes enhanced water infrastructure and dozens of improvements to offsite roads, including routes 24 and 140 and the Hart’s four Corners intersection.

“How many businesses come to Taunton, come to your community, and mitigate everything?” casino supporter Terry Quinn said.

Some casino opponents, however, said the mitigation wouldn’t cover all the affected intersections.

State Rep. Keiko Orrall, R-Lakeville, also noted that the study doesn’t examine impacts in Lakeville, Berkley or Middleboro, or address the Route 79/Route 140 interchange.

Taunton casino opponent Dave Littlefield urged the BIA to more closely examine potential impacts on Taunton Municipal Airport. He cited a 2008 letter Gov. Deval Patrick wrote in opposition to the tribe’s Middleboro casino proposal, in which the governor listed impacts on airports as a concern.

The hearing came as questions continue to swirl regarding the tribe’s ability to qualify for sovereign land, which is needed to build a tribal casino. A 2009 Supreme Court decision ruled that tribes that were not under federal jurisdiction prior to the passage of the Indian Reorganization Act in 1934 are ineligible to have land taken in trust. Mashpee leaders claim that although the tribe wasn’t federally recognized until 2007, they were under a form of federal jurisdiction.

The draft environmental impact statement is available online at www.mwteis.com, at the Taunton Public Library or at Mashpee Wampanoag tribal Headquarters in Mashpee.

The BIA is accepting written comments until Jan. 17. Comments can be mailed to: Mr. Franklin Keel, Eastern Regional Director, Bureau of Indian Affairs, Eastern Region, 545 Marriott Drive, Suite 700, Nashville, TN 37214.

http://www.tauntongazette.com/news/x915449816/Tribal-official-lashes-out-at-opponents-at-Taunton-casino-hearing?zc_p=1&utm_campaign=20131204ML&utm_medium=email&utm_source=ML+13%2F12%2F04

 

Monday, July 22, 2013

Sovereignty and Tribal Water Rights

Coming to Massachusetts............

Taunton failed to include adequate water capacity in their agreement with the Mashpee Wampanoag/Genting Tribe.

Native Americans have priority water rights.

What's going to happen to Taunton's water?

WHAT IF YOU USED A WELL FOR ALL YOUR WATER, AND IT WENT DRY? It's happening already as the casino's deep wells are draining the household wells of area residents. Learn more at http://tinyurl.com/mwlgpl7

WHAT IF YOU USED A WELL FOR ALL YOUR WATER, AND IT WENT DRY?  It's happening already as the casino's deep wells are draining the household wells of area residents.  Learn more at http://tinyurl.com/mwlgpl7




 

Sunday, June 30, 2013

Mashpee Town Officials Still Oblivious


Naive doesn't even define the Town of Mashpee that hasn't read the fine print.



Mashpee officials discuss relations with Mashpee Wampanoag Tribe
By Scott A. Giordano
Posted Jun 28, 2013



The Mashpee Board of Selectmen and the Mashpee School Committee held a joint meeting on June 25 to discuss ongoing relations with the Mashpee Wampanoag Tribe.

"The Mashpee Wampanoag Tribe, as we all know, has always been a very historical presence and influence in the town and an integral component to our community in Mashpee,” Mashpee Town Counsel Pat Costello said. “Back in 2007, when they were formally recognized as a Native American

Tribe by the federal government, it opened a whole new chapter.

“With that recognition came numerous rights, numerous opportunities for the tribe to create its own governmental structure and agencies,” he added. “The Board of Selectmen … has maintained the position that we want to work cooperatively and for the joint benefit of both the citizens of the town and the members of the tribe.”

Mashpee first negotiated an inter-governmental agreement with the tribe in April of 2008, primarily dealing with land conveyances and land use issues in Mashpee and setting principles for the town and the tribe to work cooperatively.

Moving forward, Costello anticipates the town will have to engage in further negotiations with the tribe with regards to issues like public safety, public works, and public education.

Mashpee Selectmen Chairman John Cahalane said the tribe felt it could bring a lot of federal money to the table when it first entered into the inter-governmental agreement with the town of Mashpee, saying it was a considered a "win-win" by all parties back in 2008. But town officials did not then expect a protracted legal struggle for the Mashpee Wampanoag to take land into trust.

[Is that the inter-governmental agreement never approved by Congress?]

A lot of the informal discussion centered on education.

Mashpee School Committee Chairman Scott McGee said he’s not certain if the tribe legally can have input on major decisions on things like hiring a superintendent search or budgetary policy. “The first thing we need to do is sit down and talk,” he said.

Potentially, the tribe could open its own school that would compete with Mashpee public schools. If it were to do so, it would need to be on its own land. If the now landless tribe gets land in trust, the Mashpee Wampanoag could open a school on its land, to be funded by the U.S government’s Bureau of Indian Affairs. It also could choose to open a school on private land, Costello said.

Brian Hyde, who replaces Ann Bradshaw as superintendent on July 1, attended the June 25 meeting. "The tribe needs to, I assume, submit a list of proposals in writing of issues they would like to discuss with the schools," he said.


Read more: http://www.wickedlocal.com/mashpee/news/x273425845/Mashpee-officials-discuss-relations-with-Mashpee-Wampanoag-Tribe#ixzz2XgnUbclo
Follow us: @WLCapeCod on Twitter | WickedLocalCapeCod on Facebook

Wednesday, January 23, 2013

Water Rights





Did you know that your rights to the natural water reserves in the area are in jeopardy due to the supporters behind the Casino project? Unless we fight this casino, you might find yourself in court with your lawyer fighting for your water ...against the tribe, and we may have to deal with a future of mandatory conservation laws. For more information please click on the link.
 

Friday, June 8, 2012

Casino stakes are too high for Taunton



GUEST OPINION: Casino stakes are too high for Taunton

 
Preserve Taunton's Future hosts anti-casino forum
Taunton Gazette Photo | Charles Winokoor

A crowd of about 200 listened intently to speakers at a recent public forum sponsored by anti-casino group Preserve Taunton's Future.

By Anthony LaCourse
Posted Jun 07, 2012 
 
Three months, 90 days, an eternity of minutes — all have passed since Mayor Tom Hoye first uttered the phrase which would forever change the political and community climate in Taunton. He announced that the Mashpee Wampanoag desired to enter into an agreement with our beloved city.

We were told this was a once-in-a-lifetime business venture during a time of budget and financial shortfalls, during a recession that is being felt by all communities in southeastern Massachusetts.
Since then, however, we have learned a few things. There are many points that we can discuss concerning this proposal and overall process.

We can talk about the myriad of financial numbers that are being utilized to advertise the benefit to our community. Within this last week alone, $100 million, $120 million, and additional numbers of $8, $13 and $33 million have been published in the Gazette in letters to the editor. Everyone seems to have a different dollar figure because it is not clearly defined in the IGA.

We can talk about the lack of honesty on the part of the tribe. The initial maps shown to the public failed to reveal its close proximity to an elementary school 300 feet away.

We can talk about an Indian tribe claiming to have met the federal recognition requirements to take land into trust as a sovereign nation (requiring federal recognition as a tribe prior to 1934), despite having just been formally recognized by the Bureau of Indian Affairs as a tribe in 2007.

We can talk about sovereignty and the impact it will have on the tribe’s ability to continually purchase more property unabated, thereby removing it from the tax rolls of the city.

We can talk about Super Water Rights (given by the federal government once land-into-trust occurs) which allows the tribe unlimited drilling on their territory for water, regardless of the effect it may have on those in Taunton and surrounding communities that use this region’s natural aquifer for well water or farm irrigation.

We can talk about the paltry (estimated) $370,000 in mitigation the tribe has allocated annually to Taunton Public Schools, as a “local contribution,” toward costs associated with anticipated additional student enrollments. The Fiscal 2011 school budget suffered over $1.5 million in cuts from which it has yet to fully recover, without the concern of an additional influx of new students to the area.

We can talk about the irreparable damage to our community that has been caused in less than 90 days by the falsehoods and half truths that this topic has raised.

We can talk about what the term “in good-faith” means in relation to dealing with foreign governments.

Three months, 90 days, an eternity of minutes — all have passed since Mayor Tom Hoye first uttered the phrase which would forever change the political and community climate in Taunton. He announced that the Mashpee Wampanoag desired to enter into an agreement with our beloved city.

We were told this was a once-in-a-lifetime business venture during a time of budget and financial shortfalls, during a recession that is being felt by all communities in southeastern Massachusetts.

Since then, however, we have learned a few things. There are many points that we can discuss concerning this proposal and overall process.

We can talk about the myriad of financial numbers that are being utilized to advertise the benefit to our community. Within this last week alone, $100 million, $120 million, and additional numbers of $8, $13 and $33 million have been published in the Gazette in letters to the editor. Everyone seems to have a different dollar figure because it is not clearly defined in the IGA.

We can talk about the lack of honesty on the part of the tribe. The initial maps shown to the public failed to reveal its close proximity to an elementary school 300 feet away.

We can talk about an Indian tribe claiming to have met the federal recognition requirements to take land into trust as a sovereign nation (requiring federal recognition as a tribe prior to 1934), despite having just been formally recognized by the Bureau of Indian Affairs as a tribe in 2007.

We can talk about sovereignty and the impact it will have on the tribe’s ability to continually purchase more property unabated, thereby removing it from the tax rolls of the city.

We can talk about Super Water Rights (given by the federal government once land-into-trust occurs) which allows the tribe unlimited drilling on their territory for water, regardless of the effect it may have on those in Taunton and surrounding communities that use this region’s natural aquifer for well water or farm irrigation.

We can talk about the paltry (estimated) $370,000 in mitigation the tribe has allocated annually to Taunton Public Schools, as a “local contribution,” toward costs associated with anticipated additional student enrollments. The Fiscal 2011 school budget suffered over $1.5 million in cuts from which it has yet to fully recover, without the concern of an additional influx of new students to the area.

We can talk about the irreparable damage to our community that has been caused in less than 90 days by the falsehoods and half truths that this topic has raised.
We can talk about what the term “in good-faith” means in relation to dealing with foreign governments.

We can talk about $300,000 in donations given to Together for Taunton by the Mashpee Wampanoag and their Malaysian financial backers to sway the community in favor of this casino project.

We can talk about the lack of transparency by “concerned” Taunton citizens in letters to the Taunton Daily Gazette who are 100 percent behind this project, but lack the willingness to divulge that they are members of Together for Taunton. I can think of 300,000 reasons why they should be behind it 100 percent.

We can talk about the promise of jobs, when there is NO promise in this IGA for these jobs to go to local Unions or Tauntonians.

We can talk about the lack of transparency by Together for Taunton’s publicity campaign, which fails to utilize the word CASINO on its yard signs. Minimizing the use of the word “CASINO” in brochures and phone calls, in favor of the rosy image of a “destination resort,” and promoting “jobs” are marketing attempts to eliminate the negative and burdensome financial issues that this casino will bring to our community.

We can talk about 2.05 percent net slot revenues for the city and the potential that this is not legal according to the Indian Gaming Regulatory Act.

We can talk about entering into an IGA in less than three months when it took more than 1.5 years for it to be properly evaluated in Middleborough.

We can talk about the impact that 12,000 more cars per day will likely have on our citizens trying to get to work, access the highways and go about their daily life.

We can talk about the lack of honest business dealings the Mashpee Wampanoag have had with our neighboring community of Middleboro, where they still owe a great deal of money after signing an IGA.

We can talk about how other local communities including Foxboro, Middleboro, Lakeville and Freetown understand the negative impacts this can have on a community and have said NO.

We can talk about how this project will not be located at the mall property as most people believe but rather in a residential neighborhood.

We can talk about the studies that have shown a dramatic increase in DUI and fatal vehicular accidents within five miles of casino properties. East Taunton Elementary is 300 feet from the closest entrance to this casino, and Martin Middle School and Bristol Plymouth High School are within 1.5 miles. ALL utilize these same roads for student transportation.

We can talk about the permanent loss of Taunton land to a foreign government, where local laws will not be enforceable. Inspections require “reasonable” prior notice by the city to the tribal council, a period of time yet undefined.

Of all the things we could talk about, what we should be talking about is the right of each member of our community to feel safe and protected throughout Taunton by our governing laws, not unprotected because of differences with laws of another government within the boundaries of our city. Will their Tribal Council determine that their laws supersede those that we now know and with which we are familiar?

Taunton is not this tribe’s first stop. This venture is one the Mashpee Wampanoag have offered up to other communities, each time connecting the site to their ancestral history. They have been unable to secure tribal land thus far because communities have been able to see through the rhetoric and half truths. Now, they have arrived at Taunton.

I encourage all of you to have your voice be heard this Saturday and ask that you please consider joining me in voting NO to this proposal. It’s a bad deal for the future of our city.

Anthony LaCourse is chairman of the anti-casino group, Preserve Taunton’s Future. Volunteers and others may find more information and volunteer opportunities at www.preservetauntonsfuture.com.

Monday, May 28, 2012

Freetown-Lakeville: Just say NO!



LETTER: Given lack of casino information, 'no' is only sensible vote

Posted May 26, 2012

Given the continued lack of and evolving information given to the towns of Freetown and Lakeville by the Wampanoag Gay Head (Aquinnah) Tribe of Martha’s Vineyard concerning the proposed casino resort, there is only one decision to make when entering into the voting booths on Tuesday, May 29 in Freetown and Saturday, June 2, in Lakeville and that is to vote “no.”

Lakeville and Freetown are not towns in the middle of a Nevada dessert where an entire community can be built up from scratch to accommodate the documented impacts that a $300 million complex will bring. We have a school campus less than a mile away with access roads frequented by the school buses and student drivers, roadways that cannot handle thousands of cars 24 hours a day, 7 days a week, police and fire departments ill equipped for such a complex and its public safety issues, a fragile ecosystem with water use limitations and a quality of life that really cannot be just mitigated away with money. Scott Belliveau, of the Lakeville Board of Selectmen put it best during a meeting of the Lakeville Casino Advisory Committee a couple of weeks ago. He stated, “We will be lucky to break even,” if this goes through. The only economic prosperity will go to the Aquinnah, because at a casino the house always wins.

The Aquinnah have been unprepared to fully answer direct questions, can give no concrete plans or numbers and is unwilling to commit to abide by state and local laws with the excuse of being a federally recognized Indian tribe, so they don’t have to do so. They, as mentioned during the public presentation at Apponoquet High School, are willing to back off the publicly stated promise back at the “meet and greets” last month to not build where they are not welcomed to build if voted down. If this simple promise is casually tossed aside now, what other promises are they willing to change their mind on in the future with a “yes” vote?

This is a bad deal for Freetown and Lakeville. Vote “no” on Tuesday, May 29, in Freetown and Saturday, June 2, in Lakeville. Keep our towns casino-free.



Carl Peirce
Lakeville

The author is chairman of the No Freetown/Lakeville Casino ballot question committee and vice president of CasinoFacts.org.


Read more: http://www.heraldnews.com/newsnow/x1898620705/LETTER-Given-lack-of-casino-information-no-is-only-sensible-vote#ixzz1wB3zUVPD











Sunday, May 27, 2012

Tribal Water Rights







Cynthia Brougher Legislative Attorney

Although the federal government has authority to regulate water, it typically defers to the states to allocate water resources within the state. The federal government maintains certain federal water rights, though, which exist separate from state law. In particular, federal reserved water rights often arise in questions of water allocation related to federal lands, including Indian reservations. Indian reserved water rights were first recognized by the U.S. Supreme Court in Winters v. United States in 1908. Under the Winters doctrine, when Congress reserves land (i.e., for an Indian reservation), Congress also reserves water sufficient to fulfill the purpose of the reservation.

As the need for water grows with the development of new industries and growing populations, the tension arising from the allocation of scarce water resources highlights the difficulties that often surround reserved water rights, particularly in the western states. Western states generally follow some form of the prior appropriation system of water allocation. The prior appropriation system allocates water to users based on the order in which water rights were properly acquired. Because Indian reserved water rights date back to the government’s reservation of the land for the Indians, these water rights often pre-date other water users’ claims. Although the prior appropriation system’s reliance on seniority provides a degree of certainty to water allocation, Indian reserved water rights may not have been quantified at the time of reservation. Because Winters did not dictate a formula to determine the quantity of water reserved, courts apply different standards to quantify tribal reserved water rights. As a result, other water users may not know whether, or the extent to which, Indian reserved water rights have priority. Because of these uncertainties, Indian reserved water rights are often litigated or negotiated in settlements and related legislation.

This report will examine the creation of Indian reserved water rights under the Winters doctrine. It will analyze the scope of the doctrine, including the purposes for which the water right may be claimed and the sources from which the water may be drawn. It will also discuss various quantification standards that courts have used in attempting to clarify Indian reserved water rights. Finally, it will examine the effect of the McCarran Amendment, through which Congress extended jurisdiction to state courts to hear disputes involving Indian reserved water rights.