Tribes' Aboriginal Water Rights Not Extinguished By Spain, Split 10th Circuit Rules

Mealey's (September 30, 2020, 1:31 PM EDT) -- DENVER — Three Native American tribes still possess their aboriginal water rights in the Jemez River in New Mexico because Spain never acted affirmatively to extinguish the rights when it held sovereignty over the land in the 1500s, a divided 10th Circuit U.S. Court of Appeals panel held Sept. 29 in reversing a federal court's ruling on interlocutory appeal (United States, et al. v. Tom Abousleman, et al., Nos. 18-2164, 18-2167, 10th Cir., 2020 U.S. App. LEXIS 30918)....