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Native American tribes unanimously approve Colorado River water rights proposal that would cost Congress $5B

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  • The Navajo Nation Council has unanimously approved a proposed water rights settlement. The Navajo, Hopi and San Juan Southern Paiute tribes are seeking more than $5 billion as part of their settlement, more than any such agreement enacted by Congress.
  • The Navajo Nation has one of the largest single outstanding claims in the Colorado River basin and has worked for generations to secure water deliveries for tribal communities.
  • Nearly a third of homes in the Navajo Nation don’t have running water. Many homes on Hopi lands are similarly situated.

The Navajo Nation Council has signed off on a proposed settlement that would ensure water rights for its tribe and two others in the drought-stricken Southwest — a deal that could become the most expensive enacted by Congress.

The Navajo Nation has one of the largest single outstanding claims in the Colorado River basin. Delegates acknowledged the gravity of their vote Thursday and stood to applause after casting a unanimous vote. Many noted that the effort to secure water deliveries for tribal communities has spanned generations.

Council Speaker Crystalyne Curley and other officials stood outside the chamber in Window Rock, Arizona, under a clear blue sky as the wind whipped. She recalled learning about the fight over water rights in school when she was a girl.

BIDEN DOJ SIDES WITH NATIVE AMERICAN TRIBE IN COURT FILING RIPPING CANADIAN PIPELINE AS TRESPASSING

Momentous is how she described the day, before she put her pen to the legislation and nearby vehicles honked their horns in celebration.

“This is an opportunity to think 100 years ahead for our children,” said Curley, a mother and soon-to-be grandmother.

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“The time is now and we have to make our footing for the future,” she continued.

A windmill draws water for livestock in Leupp, Arizona, on the Navajo Nation, on March 9, 2024. In a vote on May 23, 2024, the Navajo Nation Council unanimously approved a proposed water rights settlement that carries a price tag larger than any such agreement enacted by Congress. (AP Photo/Felicia Fonseca, File)

The San Juan Southern Paiute Tribal Council also voted to approve the settlement Thursday, while the Hopi tribe approved it earlier this week. Congress will have the final say.

For Hopi, the settlement is a path to ensuring a reliable water supply and infrastructure for the health, well-being and economic prosperity of the tribe for generations to come, Hopi said in a statement late Thursday.

“Most importantly, this settlement provides a way for Hopi to fulfill its covenant with Maasaw (guardian) to live as stewards of Hopitutskwa (Hopi land),” the statement read.

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Congress has enacted nearly three dozen tribal water rights settlements across the U.S. over the last four decades and federal negotiation teams are working on another 22 agreements involving dozens of tribes. In this case, the Navajo, Hopi and San Juan Southern Paiute tribes are seeking more than $5 billion as part of their settlement.

About $1.75 billion of that would fund a pipeline from Lake Powell, one of the two largest reservoirs in the Colorado River system, on the Arizona-Utah border. The settlement would require the U.S. Bureau of Reclamation to complete the project by the end of 2040.

From there, water would be delivered to dozens of tribal communities in remote areas.

Nearly a third of homes in the Navajo Nation — spanning 27,000 square miles of Arizona, New Mexico and Utah — don’t have running water. Many homes on Hopi lands are similarly situated.

Navajo President Buu Nygren plans to sign the settlement legislation as soon as it hits his desk, likely Friday. He told The Associated Press it had been a long road to get everyone to the table and the next step will be knocking on the doors of Congress.

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A century ago, tribes were left out of a landmark 1922 agreement that divided the Colorado River basin water among seven Western states. Now, the tribes are seeking water from a mix of sources: the Colorado River, the Little Colorado River, aquifers and washes on tribal lands in northeastern Arizona.

The latest settlement talks were driven in part by worsening impacts from climate change and demands on the river like those that have allowed Phoenix, Las Vegas and other desert cities to thrive. The Navajo, Hopi and San Juan Southern Paiute tribes are hoping to close the deal quickly under a Democratic administration in Arizona and with Joe Biden as president.

Without a settlement, the tribes would be at the mercy of courts. Already, the U.S. Supreme Court has ruled that the federal government is not bound by treaties with the Navajo Nation to secure water for the tribe. Navajo has the largest land base of any of the 574 federally recognized tribes and is second in population with more than 400,000 citizens.

A separate case that has played out over decades in Arizona over the Little Colorado River basin will likely result in far less water than the Navajo Nation says it needs because the tribe has to prove it has historically used the water. That’s hard to do when the tribe hasn’t had access to much of it, Navajo Attorney General Ethel Branch has said.

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Arizona — situated in the Colorado River’s Lower Basin with California, Nevada and Mexico — is unique in that it also has an allocation in the Upper Basin. The state would get certainty in the amount of water available as it’s forced to cut back as the overall supply diminishes.

Navajo and Hopi, like other Arizona tribes, could be part of that solution if they secure the right to lease water within the state that could be delivered through a canal system that already serves metropolitan Tucson and Phoenix.

Arizona water officials have said the leasing authority is a key component of the settlement.

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Southwest

Texas grandmother jailed in alleged political retaliation wins at Supreme Court

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The Supreme Court on Thursday ruled in favor of a Texas ex-councilwoman who was thrown in jail in an act of political retaliation. 

Sylvia Gonzalez and her attorneys at the nonprofit Institute for Justice (IJ) sued Castle Hills Mayor JR Trevino and other officials, alleging they plotted to remove her from office as retaliation for criticizing the city manager, thereby violating her First Amendment rights. 

A Fifth Circuit court tossed her case, saying she didn’t present required evidence to advance a “retaliatory-arrest” case that would show others had not been arrested after engaging in similar conduct. She had been arrested for allegedly trying to remove a document from a city council meeting that she claimed she did not realize she had in the first place, and the charges were eventually dropped. 

The Supreme Court on Thursday reversed the Fifth Circuit’s decision, finding that Gonzalez’s research showing that the statute under which she had been charged had never been used in her county to prosecute someone for “trying to steal a nonbinding or expressive document” was sufficient to support her claim. The Fifth Circuit, in ruling against her, said she needed more.

“That court thought Gonzalez had to provide very specific comparator evidence — that is, examples of identifiable people who ‘mishandled a government petition’ in the same way Gonzalez did but were not arrested,” the Supreme Court said in an unsigned opinion, adding that “the demand for virtually identical and identifiable comparators goes too far.”

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SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT

Castle Hills, Texas, police arrested then-Councilwoman Sylvia Gonzalez in July 2019 on a rarely used charge of tampering with a public document. (Courtesy Institute for Justice)

Gonzalez’s story began in 2019, when constituents had complained that the city manager, Ryan Rapelye, was unresponsive, particularly to their concerns over the condition of their streets. 

As soon as she was elected, Gonzalez championed a nonbinding petition calling for the city manager to be replaced with a previous manager who residents felt had done a better job. Another resident introduced the petition at Gonzalez’s first city council meeting. Discussion of the manager’s job performance “grew contentious,” according to court records, and the meeting was extended through the following day.

At the end of the meeting, Gonzalez said she straightened up the papers strewn across her dais and put them in her binder before going to talk to a constituent.

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A police officer interrupted the conversation, telling Gonzalez that Trevino wanted to speak with her, according to court documents. Gonzalez went back to the dais and Trevino asked where the petition was. Gonzalez said she didn’t know. Trevino allegedly asked her to look in her binder, saying he could see a clip inside.

Indeed, the petition was in the binder, so Gonzalez handed it over and thought nothing of it. But two months later, she learned from a neighbor that there was a warrant out for her arrest.

“I didn’t even know what I was accused of,” Gonzalez, a 72-year-old grandmother, told Fox News. “I’d never been in jail… and it was very scary to an old lady like me.”

MOMS SUE STATE OVER ‘CREEPY’ BABY BLOOD DATABASE, PRIVACY CONCERNS

Sylvia GOnzalez stands next to her campaign sign in front of her house

“I’d never been in jail… and it was very scary to an old lady like me,” Sylvia Gonzalez told Fox News Digital. (Institute for Justice)

Trevino and Police Chief John Siemens used the briefly displaced petition to launch a criminal investigation into Gonzalez, her lawsuit alleges. Three weeks into the investigation, the police chief assigned a “trusted friend and local attorney” to take over as a “special detective,” according to Gonzalez’s complaint.

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The special detective produced an arrest affidavit alleging that Gonzalez had “been openly antagonistic” toward the city manager from her first meeting, “wanting desperately to get him fired.” The affidavit also accused Gonzalez of misleading a woman by “telling her several fabrications” about Rapelye in order to get her signature, according to court documents.

Detectives found probable cause to believe Gonzalez stole her own petition when she put it in her binder with other papers, violating a Texas ban on intentionally removing or destroying government records, according to court documents from the defendants.

RANCHERS SAY THE STATE FLOODED THEIR LANDS, KILLING ANIMALS. THE SUPREME COURT WILL DECIDE IF TEXAS HAS TO PAY

Supreme Court

Sprinklers water the lawn in front of the U.S. Supreme Court in Washington, D.C., on April 29. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

The statute is usually used in cases involving fake Social Security numbers, forgeries of official checks and counterfeit green cards, Institute for Justice senior counsel Anya Bidwell said. IJ looked at 10 years of Bexar County data and couldn’t find “anything even remotely similar” to Gonzalez’s case, she added.

Rather than seek a summons for the nonviolent misdemeanor, the special detective took the unusual step of asking for an arrest warrant, the lawsuit contends. The special detective also went straight to a district court judge, circumventing the Bexar County District Attorney’s Office.

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“They wanted to punish me, and they wanted to make sure I went to jail. And they did a good job,” Gonzalez said.

Gonzalez turned herself in, was handcuffed, spent the day sitting in jail and had her mugshot splashed across the evening news. Even though the DA’s office dropped the charge, her brief political career was over.

Gonzalez sued Trevino, Siemens, special detective Alexander Wright and the city in 2020, alleging they deprived her of her rights under the First and 14th Amendments of the U.S. Constitution.

“This is a great day for the First Amendment and Sylvia Gonzalez, who has courageously fought against retaliatory actions by government officials,” Bidwell said.

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“The Supreme Court’s revision of its First Amendment retaliation doctrine ensures that Americans can seek justice when they have evidence of a retaliatory arrest. Retaliatory arrests undermine the very foundation of our democracy, and this ruling helps safeguard the rights of all Americans to speak out without fear of retribution,” Bidwell said. 

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Los Angeles, Ca

Thieves ransack parked cars at Irvine apartment complex

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Thieves ransack parked cars at Irvine apartment complex

Surveillance video captured two suspects ransacking parked cars at an apartment complex in Irvine.

The incident happened on June 2 at the Metropolis Apartments located at 2100 Sullivan, according to the Irvine Police Department.

Video of the theft showed a man using a key card to open the doors of a Tesla before grabbing the valuables inside and escaping.

Police confirmed the man had stolen a key card from a nearby parked Tesla that belonged to the same family and was able to use that car to unlock the second car.

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The two suspects were also seen stealing tools from a pickup truck that was parked in the garage.

The duo, a man and a woman, escaped with around $9,000 worth of valuables, authorities said. They fled the scene in a white SUV.

Police have released security video of the thieves in hopes someone may recognize them.

Anyone with information on the thefts is asked to call Irvine police at 949-724-7000 or email amena@cityofirvine.org.

Footage of the theft can be seen in the video player above.

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Southwest

Alabama fugitive murder suspect Stacy Lee Drake captured in Arkansas

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An armed fugitive wanted in connection to three homicides in Oklahoma has been arrested in a wooded area of Arkansas, authorities say. 

Stacy Lee Drake, 50, was tracked down around 10 a.m. Thursday in Morrilton, a city northwest of Little Rock, according to Arkansas State Police. 

“Drake is wanted in connection with homicides and carjackings in Oklahoma and is wanted on other felony warrants from multiple jurisdictions, with charges including aggravated robbery, carjacking and murder,” police said. 

Investigators released an image showing Drake wearing a green shirt, surrounded by law enforcement. He was taken into custody without incident and is now being held at the Conway County Detention Center. 

STACY LEE DRAKE DESCRIBED AS ‘ARMED AND DANGEROUS’ 

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Stacy Lee Drake is shown during his arrest on Thursday, June 20.

Drake is also wanted for the killing of a 62-year-old man in Tuscaloosa, Alabama, according to AL.com. 

Arkansas State Police did not immediately respond Thursday to requests for comment from Fox News Digital.

Police said earlier that “anyone who sees Drake should not approach him and should call 911 immediately” and his last known address was in Birmingham, Alabama. 

The Oklahoma State Bureau of Investigation (OSBI) on Wednesday had identified Drake as a person of interest in a double homicide in Gans.  

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BODIES OF MURDERED KANSAS MOMS FOUND BURIED IN FREEZER AS GRUESOME DETAILS EMERGE IN COURT DOCUMENTS 

Stacy Lee Drake mugshot

Stacy Lee Drake of Birmingham, Alabama, is wanted in connection with a series of homicides in Oklahoma, according to Arkansas State Police. (@ARStatePolice via X)

They said deputies from the Sequoyah County Sheriff’s Office responded to a business on Tuesday and when they “made entry into the structure, they found an adult male and female inside. 

“Both sustained injuries consistent with homicide,” the OSBI said, adding that the vehicle that Drake is believed to have stolen from the area was recovered in Morrilton later that evening. 

Then on Wednesday, Arkansas State Police said Drake is “known to have purchased camping gear and all indications are he is still in the Morrilton area.” They said investigators believed he was “armed and dangerous.” 

Stacy Lee Drake in surveillance video footage.

Stacy Lee Drake was considered “armed and dangerous,” authorities said. (@ARStatePolice via X)

 

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The Morrilton Police Department, Conway County Sheriff’s Office, Arkansas National Guard and the Arkansas Division of Community Correction were credited with helping in the manhunt. 

Fox News’ Bradford Betz contributed to this report.

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