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Friday, February 4, 2011

BIA's Amy Dutschke Recognizes Trust Responsibility to Allottees on the Pechanga Reservation

Many members of Paulina Hunter descendents are receiving letters from Amy Dutschke, Regional Director of the Bureau of Indian Affairs, in response to our concerns over not  being consulted on the Water Rights Bill that Pechanga was trying to get pushed through the last Congress.
From the BIA letters, here is where the DOI admits to our water rights:

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.

Please remember that the Hunter family is one of the few original allottees to maintain their land on the reservation.  We have homes on the original 20 acres we were allotted in 1895.  We were part of the Temecula Band of Luiseno Indians, which somehow disappeared and became the Pechanga Band of Luiseno Indians, which has FEW allottees in the tribe.

Next passage:

Second, while a settlement may contain a provision to the effect that a tribe shall have the right, subject to applicable federal law, to manage, regulate and control the on-reservation use of all of the water rights granted or confirmed by the settlement, it must also require that, within a set period of time following execution of the settlement, the tribe enact a comprehensive water code governing all water rights granted or confirmed by the settlement.  OP:  A tribe that came into existence 100 years AFTER we got our land would set up a code for water that is OURS and then put us at their mercy?  Do you think the tribal council cares about water for allottees, or water for the casino?   HINT:  Tribal Chair Macarro does not live on the reservation, and rarely VISITS the reservation.

To be effective, the code should contain (a) a process by which any allottee may request and receive an equitable distribution of irrigation water for use on his or her allotted lands; (b) a decision making process that gives the allottee due process of law in deciding on such requests, including a process for appeal and hearing before an impartial judge or tribunal; and (c) a provision that the code does not take effect until the Secretary of the Interior has approved those parts of it, or any subsequent amendments thereto, that address irrigation water use by allottees.  OP:  Uh, yeah, Amy, we TRIED that with our disenrollment or rather extermination from the tribe.   There IS no impartiality when someone who does NOT own land tells you what to do with your land.

Next:

We are aware that the Pechanga Tribal Government presented and discussed with the Tribal membership the Settlement Agreement, allottee rights and a section by section review of the legislation on Septmber 12, 2010.

OP:  But were you AWARE that we, the allottees were NOT party to the settlement agreement?   WE receive NO notice of the meeting, the presentation.  WE were NOT party to the construction of the agreement.     Pamela Williams was at a meeting with the tribe, interesting that we were not made aware of it.    We have requested meetings with her and haven't heard back.   We REQUESTED to be involved!

I. The Department of the Interior and Pechanga Band Failed to Notify Allottees of the Negotiations to Settle Water Rights

2. After several requests, the Department has not allowed us to participate in Negotiations

3. Pechanga Tribal Officials do not Represent the Interests of all Temecula Indians or Temecula Indian Allottees

4. Temecula Indian and Temecula Indian Allottees should be Parties to the Settlement Negotiations and consulted regarding pending Acts of Congress

5. Prior to any action, HR 5413, and other Acts, should be Amended to Reflect the Ownership Interests and Water Rights Due Temecula Indians and Temecula Indian Allottees not represented by Pechanga Tribal Officials

6. The term ‘Tribal Water Right’ should be Amended to Reflect Benefit for Temecula Band and Temecula Indian Allottees

7. Entitlement to Water Shall be Satisfied by the Department of the Interior, the Temecula Band, or the Pechanga Band; and Temecula Indians and/or Temecula Indian Allottees shall not be Subject to the Pechanga Water Code or other Pechanga Band laws

PROTECT OUR TRUST RIGHTS, Director Dutschke.

16 comments:

Anonymous said...

We can't trust the tribe to do the right thing by allottees. They've already stripped us of voting rights, and we didn't get to be part of the meeting!

Anonymous said...

Please, Amy, do what is right for Temecula Indians. We have a right to that water more than the casino tribe.

Anonymous said...

Why don't you you post a real letter for all to see?

Anonymous said...

If you are a tribal member, go ask Mark Macarro, the letter was cc. to him.

Anonymous said...

I received mine via email.

'aamokat said...

I just found out from the E mail I received from the Dept. Of Interior regarding the water settlement that Pechanga had a general membership meeting on Septemeber 12, 2010 and they went through a line by line reading of the water settlement and dicussion of the settlment and that is the first I have even heard that the tribe was discussing it.

That just shows that in addition to us being excluded from the negotiations with the federal government, Pechanga is also making decisions effecting our water rights without our participation.

Sorry Pechanga but your sovereignty doesn't exclude us this time.

Anonymous said...

Read the evidence people... NOBODY is has more of a right to participate in tribal business than the hunter do...

What is the first road post you see
as part of the reservation road system? Hunter Lane-bullet holes included... GOOGLE it!

What? You claim Paulina Hunter is not Original Pechanga... Why put up a post with her family name? How long has it been there? Who took the fist shot at it? At last count there are 3 holes...

Hatred for Temecula Indians the Pechanga Gov driven by the CPP's desire of greed and power.

Anonymous said...

Do the right thing for allottees
Don't let Pechanga screw with our water
We have a right to the water for over 100 years.

I pray for each and every one of your families that disgrace my heritage and falsify records to gain what in this natural God for saken land you are not deserving of ..... In time, all truth comes to light, Hitler was conquered, Slaves became free, Women have equal rights, and we have a strong African American president. For each of you thay desicrate our families lands, and traditions...... You too will have your day.......

'aamokat said...

"Read the evidence people... NOBODY is has more of a right to participate in tribal business than the hunter do...

What? You claim Paulina Hunter is not Original Pechanga... Why put up a post with her family name? How long has it been there? Who took the fist shot at it? At last count there are 3 holes..."

You are right nobody has more of right to participate in tribal business than us, the Hunters.

But nobody commenting on this article so far has said that we, the Hunters, do not have a right to participate but the tribe has excluded us from tribal business since we were disenrolled but they can't this time, even if they want to, because sovereignty doesn't trump our water rights.

And nobody here who has commented so far as said that we, 'aamokatum, are not original pechanga. I am not sure how you came up with that from what I posted.

I put up our family name 'aamokat because I am a proud direct descendant of Paulina Hunter and if you have read what I posted here on this blog many times I have been at the forefront of pointing out the injustices that the tribe have perpetrated against us.

But that is not to say others who are excluded also do not have a right to particpate.

'aamokat said...

Of course the Ha Ha Dork, tribal hack, or Mr. Potato Head, or whoever, may come here and say otherwise but we will deal with that nonsense when it comes up.

Anonymous said...

"But that is not to say others who are excluded also do not have a right to participate."

So true...

However, there are some, still included, that have far less a right to participate in shaping the future for all Temecula Indians that have far less a right to do so.

Civil Rights have been violated against peaceful native americans.

Help!

Anonymous said...

It is simply a good example of APARTHEID that is practiced on the Pechanga Reservation.

Mark Macarro is doing what the white regimes of South Africa did to the native population. Even more true when you have a white man like Murphy on the council. White Murphy keeping the red man who descend from those who birthed the reservation, from participating in the negotiations for water.

There are over 250 Hunters and Tosobol descendents that have RIGHTS to that water. More so that any casino patron.

Anonymous said...

"There are over 250 Hunters and Tosobol descendants that have RIGHTS to that water. More so that any casino patron."

More so than any golfer (gotta keep those fairways and greens GREEN),RVer, or car washer. Right?

Anonymous said...

"There are over 250 Hunters and Tosobol descendants that have RIGHTS to that water. More so that any casino patron."

More so than any golfer (gotta keep those fairways and greens GREEN),RVer, or car washer. Right?

Anonymous said...

Once the money is spent and pechanga is treating water can they sell water to the local municipals for a profit??? Just saying if there is a way to get more money these greed ridden folks will find a way to get it in the pocket.

Anonymous said...

I wanted to inform you that after I found stuff missing from my car following a car wash at Pechanga, I reported it to a gentleman named Robert. He was rude and insisted they did not take anything.

My husband looked him up online and it turns out he has several DUI's and does not have a valid license. Why is he driving cars to and from the casino?

Pechanga needs to look into this. Hiring unlicensed employees to drive your guest cars is not a good idea.