Does the federal government possess final decision-making authority over the management of water rights held in trust for an Indian tribe?

QUESTION PRESENTED The United States is the owner of certain instream water rights within Oregon’s Upper Klamath Basin. The federal government holds these water rights in trust for the benefit of the Klamath Indian Tribes. In 2013, the Tribes and the federal government entered into a Protocol Agreement, which establishes a process by which “calls” for the implementation of the water rights are to be placed with Oregon’s Water Resources Department. Among other things, the Protocol provides that, if “the Parties cannot agree on whether to make a call, either Party may independently make a call and the other party will not withhold any required concurrence or object to the call[.]” The D.C. Circuit held below that Petitioners—a group of landowners and livestock producers whose lands and businesses have been devastated by the Protocol-authorized implementation of the Tribes’ instream water rights—lack standing to challenge the Protocol. Regardless of the Protocol, the D.C. Circuit reasoned, the federal government has no authority to countermand the Tribes’ preferred management of trust assets. In so holding, the D.C. Circuit parted company with decisions of this Court, as well as of other circuit courts, which have repeatedly affirmed the federal government’s paramount authority in managing Indian trust property. The question presented is: Does the federal government possess final decision-making authority over the management of water rights held in trust for an Indian tribe? li LIST OF ALL PARTIES The Petitioners are Gerald H. Hawkins, individually and as trustee of the CN Hawkins Trust and Gerald H. Hawkins and Carol H. Hawkins Trust; John B. Owens, as trustee of the John and Candace Owens Family Trust; Harlowe Ranch, LLC; Goose Nest Ranches, LLC; Agri Water, LLC; NBCC, LLC; Roger Nicholson; Nicholson Investments, LLC; Mary Nicholson, as co-trustee of the Nicholson Living Trust; Martin Nicholson, individually and as co-trustee of the Nicholson Living Trust; Randall Kizer; Rascal Ranch, LLC; Jacox Ranches, LLC; E. Martin Kerns; Troy Brooks; Tracey Brooks; Barbara A. Duarte and Eric Lee Duarte, as trustees of the Duarte Family Trust, UTD January 17, 2002; Kevin Newman; Jennifer Newman; Duane Martin Ranches, L.P.; Geoffrey T. Miller and Catherine A. Miller, as cotrustees of The Geoff and Catherine Miller Family Trust, UTD February 6, 2017; Casey Lee Miller, as trustee of The Casey Miller Trust, UTD January 9, 2017; Wilks Ranch Oregon, Ltd.; Margaret Jacobs; Darrell W. Jacobs; Franklin J. Melness; Janet G. Melness; Barnes Lake County, LLC; David Cowan; Theresa Cowan; and Chet Vogt, as trustee of the C & A Vogt Community Property Trust. The Respondents are Debra Haaland, Secretary of the Interior; Bryan Newland, Assistant Secretary — Indian Affairs; Darryl LaCounte, Director of the U.S. Bureau of Indian Affairs; and Bryan Mercier, Regional Director of the U.S. Bureau of Indian Affairs. iii CORPORATE DISLOSURE STATEMENT No Petitioner has any parent corporation, and no publicly held company owns 10% or more of the stock of any Petitioner.