Escondido Mutual Water Co. v. La Jolla Band of Mission Indians


Hydropower Reform Coalition


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Court CasesPublished   1/1/1984

466 U.S.765 (1984)

Issue 1. Can FERC reject the Secretary’s 4(e) conditions?
Holding. For licenses located within reservations, FERC must include, without modification, the conditions the Secretary deems necessary for the adequate protection and utilization of such reservation.

Issue 2. Does the Secretary’s conditioning authority extend to projects that affect but are not located on reservation lands?
Holding. FPA § 4(e) obligations and the conditioning power of the Secretary apply only to the specific reservation upon which any project works are located and not to other
reservations that might be affected by the project.

Issue 3. Do licensees have to obtain the consent of Indian Tribes before they operate licensed facilities located on reservation lands?
Holding. FERC is not required to seek the Bands’ permission before it exercise its authority with respect to their lands.

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