Last spring, the White Earth Nation passed an ordinance regulating ground and surface water usage. Mahnomen, Minnesota farmer Dave Vipond obtained a permit to put in a high-capacity well from the Minnesota Department of Natural Resources to irrigate portions of his farm within the boundaries of the White Earth Reservation. “Because Dave did not pull that permit and disputes that they have the ability to regulate him in that way, they have now brought a lawsuit against him in Tribal Court,” said Courtney Carter, an attorney with Nolan, Thompson, Leighton and Tataryn, PLC, who represents Vipond in the case. They argue that tribal governments do not have jurisdiction over the activities of non-tribal member-owned lands on the reservation. There are two exceptions: 1) there is a contract between the tribe and the landowner or 2) there is a detrimental impact on the safety, health, or welfare of the tribe. Carter says neither exceptions apply to this case. “That’s been expanded in later case law to mean it has to be a catastrophic impact to the tribe’s well-being and not just any harm.” Vipond says he has followed Minnesota state regulations on his farm. “The tribe claims they have the authority to regulate me, but I have no voice in tribal government. So I’ve got people that are taking me to court,” Vipond said. “I’ve got no voice in their government at all, so it’s regulation without representation.” Click here for the full interview with Courtney Carter. Click here for the full interview with Dave Vipond.
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