Sunday, October 27, 2013

Letter to Congressman Ken Calvert, on The Theft of Water Rights Pursued By Mark Macarro and Pechanga Band of Luiseno Indians

Please help us address the theft of our water rights by the Pechanga Band of Luiseno Indians by signing and sending this letter.

Congressman Ken Calvert
2269 Rayburn Building
Washington, DC 20515
Phone: (202) 225-1986
Fax: (202) 225-2004


Dear Congressman Calvert,

I am writing you in regards to the recent Pechanga Water Rights Bill that was introduced in the House (HR 2508) with your sponsorship. We have concerns, having had our tribal citizenship terminated by the Pechanga Band of Luiseno Indians.  Many of our family reside on an original Pechanga allotment of land granted to us by President McKinley.

We believe that no entity that participates in, supports, or otherwise partakes in human and/or civil rights violations should benefit from the public trust.  And this bill, as written certainly gives Pechanga benefits that we seem to be excluded from.

Please help us clarify WHY the tribe wants definitions of allottees changed?  Here is the draft of the first water rights bill of 2010 (which could be taken to mean purchaser of reservation land, whether Indian or not:


(4) ALLOTTEE- The term ‘allottee’ means a person who holds a beneficial real property interest in an Indian allotment that is--
(A) located within the Reservation; and
(B) held in trust by the United States.

In the NEW definitions section allottee are defined at a member of an Indian tribe, notwithstanding the fact that allottee could be Indian without tribal membership.  As you know, Pechanga terminated the membership of 25% of their tribe, in an act outside the tribal constitution which has NO BEARING on our allotment; we are STILL allottees of reservation land and should have all rights.

(4) Allottee.--The term ``allottee'' means a member of a federally recognized Indian tribe who holds a beneficial real property interest in an Indian allotment that is--
(A) Located within the Reservation; and
(B) Held in trust by the United States

By using the terms above, they are trying to rewrite history and redefine what an allottee of the Temecula Indian Reservation really is.  An allottee is one who received a reservation allotment from President McKinley and whose land has been held in trust by the United States for the allottee and their lineal descendents.

Please view Original Pechanga’s Blog at http://originalpechanga.com for information on what Pechanga has done.

QUESTIONS:

1. Are you intending to exclude our family, as disenrolled Pechanga allottees, from any say in our water rights?  Or are you accepting the bill, written by Pechanga lobbyists at face value?
2. Is it your intent in this bill to abrogate the Federal government’s trust responsibility to disenrolled Pechanga allottees?
3. Why are allottees not required to be INDIAN for purposes of this law.
4. Is it your intent to rectify the injustice of our disenrollment from the Pechanga Band of Luiseno Indians which was unconstitutional, according to Pechanga’s own tribal constitution, and return our tribal membership using Congress’ plenary power?

Under Section 5, TRIBAL WATER RIGHTS it states:

(3) Allocations.--Allotted land of an allottee that is located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation purposes from the water resources described in the Pechanga Settlement Agreement.

QUESTION:  
1,  Although we have had grape vineyards on our allotted land for over a century, does “irrigation purposes” include maintaining the water we have going into our homes for drinking and personal use?

2. Would the Pechanga Tribal Council be able to cut water off from members of our family living on our allotted land on the reservation, even though we have been on our allotted property for over a century?

Regional Director of the BIA Amy Dutschke said in a letter to us that:  

The Department of the Interior recognizes that allottees have water rights on allotted lands and that the United States has a trust responsibility, independent of any responsibility to the Pechanga Band, to protect those interests.
The Department is currently reviewing the proposed settlement legislation and its effect on allottees within the Reservation.

Pechanga Chairman Mark Macarro and the tribal council have made NO ATTEMPT to discuss OUR WATER RIGHTS and how they will protect us.  We have over 175 family members with rights on our allotment #62, which has been in our family since 1895.

Please rescind your support of HR 2508 until the Pechanga Water Rights Bill includes disenrolled original tribal allottees, and other allottees that have been denied membership, which number in the HUNDREDS.   Please request that the BIA meet with allottees to determine their rights to the water, which have been ours for centuries.

16 comments:

Anonymous said...

Thank you for putting this together for us. We will send one for you

Anonymous said...

I don't how things in pechanga r going but in Pala Roberts power has been faultering. Many tribal members are seeing him for what he is and has been doing to the tribe. Robert wasn't able to pass his last few agenda items. People r not voting his way or even speaking to him on the Rez. He did this to himself. Teresa Nieto is just as bad although everyone is to focused on Robert to ever mention her sitting by following Roberts rules and allowing him and his partners to pillage tribal monies. There time and power is dwindling and coming to an end. They had to know they couldn't pull this off forever.

Anonymous said...

Can you give people watching a " Time frame" ? When will this water bill be passed or trying of bill to be passed?

Anonymous said...

Why should we stick " Are Neck out for you" ?

Some of us " Don't own land " ?



Anonymous said...

It is my understanding that the bill went before the Indian Affair Committee already and the issue of the disenrolled allottees is in question because the bill is trying to strip away their rights. In the meeting Washbern and Macarro were ask on this issue. Washbern told the committee that it is an issue and Macarro could not give a straight answer.

Anonymous said...

how is sending a letter sticking you neck out.?

Anonymous said...

There is no straight answer for Macarro to give. The water rights bill should not go through until Allotted Indian rights are protected.

'aamokat said...

By supporting the redefining of what an allottee is to require someone to be a triba member, congress is actually taking sides in an enrollment dispute which they say they have no juridicition over. We have been allottees for over 100 years and the new definition could very well lead to us being driven off of our reservation. The original allotments were for the Indians of the Temecula Reservation and that was good enough for over 100 years. So it begs the question, why now the change? Congressman Calvart, you very well may be doing the bidding of tryants trying to nail the coffin shut on their own people.

O Pechanga said...

The Water Rights Bill is in the Senate, but after our meetings with the HOUSE, we understood that the bill was going nowhere.

We need to keep pressing the issue, getting Rep. Calvert to withdraw his support.

As stated above, writing a letter is NOT sticking your neck out. It's using YOUR power to initiate change, to inform.

Luiseno said...

"after our meetings with the HOUSE, we understood that the bill was going nowhere."

Cheers.. Great job guys! You did a fantastic job! I wonder just how much of the Tribes money Marky Boy wasted.

It is said America went to war because of taxation with out representation. Allottees not only were not represented, but there was an underhanded attempt to remove there status as allottees.

Anonymous said...

Illegally removed Federally Recognized Allottee Tribal Members. Not disenrolled, lets call them by the correct term.

Anonymous said...

(Recognized Allottee Tribal Members) I a little more please ?

Under what case law ? Do you want me to tell you?

Anonymous said...

tell us

Anonymous said...

Asking one of the top commenters regarding Robber Smith. You are right, he is losing his "following", you can only bully people for so long and mess with the wrong families. When he starts dictating who can or cannot visit your home (when he doesn't do that to his own brother and we all know what goes on there) something has got to happen.

Anonymous said...

This concept is the corrupt faction of Pechanga trying to justify the non Indian values again. No water settlement would be offered if the Pechanga band of Luiseno mission Indians did not have federal recognition. Hunter family is an allotted family and has been recognized since Pechanga was. It's Macarro and corrupt faction shining a light inside and outside the band to show everyone their non Indian behavior. Since the corrupt greedy faction wants to continue its apartheid acts outside for everyone to see and hear, let's send our letters disputing their actions.

Anonymous said...

This concept is the corrupt faction of Pechanga trying to justify the non Indian values again. No water settlement would be offered if the Pechanga band of Luiseno mission Indians did not have federal recognition. Hunter family is an allotted family and has been recognized since Pechanga was. It's Macarro and corrupt faction shining a light inside and outside the band to show everyone their non Indian behavior. Since the corrupt greedy faction wants to continue its apartheid acts outside for everyone to see and hear, let's send our letters disputing their actions.