U.S. District Court Dismisses Lake Quinault Case

Press Release, Water4fish

TACOMA, WA (5/4/15)—United States District Court Judge Ronald B. Leighton dismissed a lawsuit this afternoon which had been filed in January against the Quinault Indian Nation and the Washington State Department of Natural Resources seeking to revoke ownership of Lake Quinault from the Tribe.

“This quick and explicit ruling was never in doubt,” said Quinault Nation President Fawn Sharp. “As I said back in January, Lake Quinault is undisputedly within the Quinault Reservation. This was a meritless lawsuit. Lake Quinault is sacred to us. It is unquestionably within our Reservation and we take our responsibility to manage it properly very seriously.”

The suit, which was filed by North Quinault Properties LLC, questioned the Tribe’s ownership of the lake. The suit had included DNR for alleged failure to fulfill its management responsibilities. But the challenge actually stemmed from a few local landowners’ reactions to closure of the lake by the Quinault Nation last year, an action taken to protect the lake from pollution problems, invasive species and violation of tribally mandated regulations, said Sharp.

“Our objective is to protect the lake for future generations. We realize it is a popular recreation destination, and we are happy to accommodate those interests, but only as long as the lake is respected and protected at levels we accept,” she said.

“We want to acknowledge the fact that this frivolous lawsuit was brought by a single landowner and that a majority of landowners around the lake understand and support our objectives. They have shown respect for our efforts to reach out to work cooperatively while recognizing the exclusive governing authority of the Tribe. Good public policy among separate and distinct sovereigns requires cooperation, good faith, respect, and, when dealing with tribal nations, an understanding, in principle and practice, that our governing powers long pre-date the United States and its political subdivisions.  I want to publicly thank our neighbors and say that we look forward to strengthening our valuable relationship with them. Working together, as we have been able to do, is the best way we can all assure that Lake Quinault will remain clean, beautiful and available for all citizens for many years to come,” she said.

Judge Leighton issued separate dismissal rulings for the Tribe and the DNR. The Court granted the Tribe’s motion to dismiss based on sovereign immunity. The state dismissal was based on the Eleventh Amendment to the U.S. Constitution.

U.S. DISTRICT COURT DISMISSES LAKE QUINAULT CASE

Source: Press Release Quinault Indian Nation,

TACOMA, WA (5/4/15)—United States District Court Judge Ronald B. Leighton dismissed a lawsuit this afternoon which had been filed in January against the Quinault Indian Nation and the Washington State Department of Natural Resources seeking to revoke ownership of Lake Quinault from the Tribe.
“This quick and explicit ruling was never in doubt,” said Quinault Nation President Fawn Sharp. “As I said back in January, Lake Quinault is undisputedly within the Quinault Reservation. This was a meritless lawsuit. Lake Quinault is sacred to us. It is unquestionably within our Reservation and we take our responsibility to manage it properly very seriously.”
The suit, which was filed by North Quinault Properties LLC, questioned the Tribe’s ownership of the lake. The suit had included DNR for alleged failure to fulfill its management responsibilities. But the challenge actually stemmed from a few local landowners’ reactions to closure of the lake by the Quinault Nation last year, an action taken to protect the lake from pollution problems, invasive species and violation of tribally mandated regulations, said Sharp.
“Our objective is to protect the lake for future generations. We realize it is a popular recreation destination, and we are happy to accommodate those interests, but only as long as the lake is respected and protected at levels we accept,” she said.
“We want to acknowledge the fact that this frivolous lawsuit was brought by a single landowner and that a majority of landowners around the lake understand and support our objectives. They have shown respect for our efforts to reach out to work cooperatively while recognizing the exclusive governing authority of the Tribe. Good public policy among separate and distinct sovereigns requires cooperation, good faith, respect, and, when dealing with tribal nations, an understanding, in principle and practice, that our governing powers long pre-date the United States and its political subdivisions. I want to publicly thank our neighbors and say that we look forward to strengthening our valuable relationship with them. Working together, as we have been able to do, is the best way we can all assure that Lake Quinault will remain clean, beautiful and available for all citizens for many years to come,” she said.
Judge Leighton issued separate dismissal rulings for the Tribe and the DNR. The Court granted the Tribe’s motion to dismiss based on sovereign immunity. The state dismissal was based on the Eleventh Amendment to the U.S. Constitution.

Quinault Nation to Re-open Lake Quinault to Regulated Use

Source: Water4fish

TAHOLAH, WA (4/15/14)– The Quinault Indian Nation (QIN) Business Committee passed regulations Monday night to reopen Lake Quinault to non-tribal use, but only under specified regulations and restrictions, according to Fawn Sharp, QIN President.

The lake, which belongs to the Quinault Nation, was closed to non-tribal use on June 6, 2013 to safeguard it from pollution, invasive species and other issues of concern. Since that time, numerous nearby non-tribal residents, property owners and business owners in the area have spoken out in support of the Tribe’s actions, saying they appreciate the work being done by Quinault to protect the lake for future generations.

“That has always been our intent,” said Sharp. “Safeguarding our sacred lake for our children and for all the life it sustains is one of our highest priorities. If we can achieve those objectives, and share this precious resource with our non-tribal members, that’s what we will do. We believe it is time to try.”

The Quinault Business Committee passed the Lake Quinault 2014 Fishing, Boating and Use Regulation 2014-01, which allows uses of and on Lake Quinault for a one year time span.

Lake Quinault is located within the boundaries of the Quinault Indian Reservation and is owned up to the Ordinary High Water Mark (OHWM) entirely by the QIN; all persons who enter onto Lake Quinault, within the boundaries of the OHWM, are required to conform to Quinault tribal laws.  Violators who resist or refuse to obey will be subject to confiscation of all gear and boats and enforcement under the Quinault Tribal Code in the Quinault Tribal Court at Taholah.

Tribe closes Lake Quinault to non-tribal fishing

Source: KOMO 4 News

TAHOLAH, Wash. (AP) – The Quinault Indian Nation is closing Lake Quinault on the Olympic Peninsula to non-tribal fishing until further notice.

President Fawn Sharp said Tuesday the emergency measure is aimed at protecting water quality in the tribe-owned lake.

She said tribal leaders are concerned leaky septic tanks owned by non-tribal residents in the area may have caused untreated sewage to get into the lake. The tribe has detected pollution in some areas of the lake and plans to conduct more water quality tests.

Sharp said the tribe plans to monitor any fish caught by tribal members. She said they are also worried about reports of illegal fishing by non-tribal members and docks being built illegally on the lake.

The lake is located on the southwestern edge of Olympic National Park.