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Change There Can Be No Breakthroughs, Without Breakthroughs There Changecan Be No Future Page 1, Klamath News 2010 KLAMATH NEWS THE OFFICIAL Publication OF THE KLAMath TRIBES: KLAMath, MODOC, AND YAHOOSKIN Treaty OF 1864 Winema Charley Mogenkaskit Lalo Schonchin Captain Jack Volume 26, Issue 4 The Klamath Tribes, P.O. Box 436, Chiloquin, OR 97624 JUNE 2010 1-800-524-9787 or (541) 783-2219 Website: www.klamathtribes.org New Klamath Tribal Council takes office MEET OUR LEADERS , the 2010-2013 newly elected The Klamath Tribes PRESORTED Klamath Tribal Council, who took office on Thursday, P.O. Box 436 FIRST-CLASS MAIL Chiloquin, OR 97624 U.S. POSTAGE PAID May 13, following the swear-in ceremony at the Tribal CHILOQUIN, OR Administration building in Chiloquin, Oregon. PERMIT NO. 4 Front Row Left to Right: Charles E. Kimbol, Sr., GeorGene Nelson, Don Gentry, Gary ADDRESS SERVICE REQUESTED Frost, Brandi Decker. Back Row Left to Right: Jeff Mitchell, Bert Lawvor Sr., Frank Summers, Shawn L. Jackson, and Torina Case. Without change there can be no breakthroughs, Without breakthroughs there Changecan be no future... Welcome to the Future! Page 2, Klamath News 2010 The Klamath News is a Tribal Government Publication of the Swear-in Ceremony for Tribal Council Klamath Tribes, (the Klamath, Modoc, and Yahooskin Band of Snake Indians). * Distribution: Publications are distributed at the end of the month, or as fund- ing allows. * Deadline: Information submitted for publication must be received by the 15th of each month- (for the following month’s publication). * Submissions: Submissions should be typed and not exceed 500 words. Submissions must include the author’s signature, address and phone number. Submissions are used as fillers and publication is strictly dependent upon space availability. We cannot guar- antee publication of any article or submission. *Order of Priority for Newsletter: #1- Tribal Government/ESSP Information #2- Tribal Program Information #3- Associated Tribal Information #4-6- Fillers (when space is available, must be submitted by the family): i.e.- Obituaries, Wedding, Birth, and Family Klamath Tribal Council takes their oath of office, lead by outgoing Judge DuBray. Announcements, Graduations, Individual Tribal member info., Birthdays, Etc... Letters to the Editor: Letters are viewed as Associated Tribal Information. However, they must be less than 500 words. Any and All articles may be edited for clarity and length. Letters are subject to review. Letters/articles that may contain libelous, slanderous, or personal attacks will not be printed. *Photographs should be vivid and clear or 300jpg/ppi *All internal photos by: Taylor David -K-News, unless otherwise noted. ©All photos property of K-News dept. * Returns: For any information to be “returned”, please include a “self addressed stamped” envelope. * Klamath News Rights: The Klamath News cannot guarantee publication upon submis- sion. The Klamath News reserves the right to edit all articles for clarity and length, or refuse publication of any material that may contain libelous statements or personal attacks. The Klamath News may not be used as a personal forum for any individual(s). All articles are subject to review/approval by the Klamath Tribes Tribal Council. Published information does not necessar- ily reflect the opinion of the Klamath News, tribal employees, or Tribal members and the local community gather in the auditorium to witness the events. the Klamath Tribes. * Change of Address: Send address changes (for the Newsletter Only) to the following address. *Please include your old mailing label if possible. * Public Information/News Dept. Staff: *Mrs. Taylor R. David, Public Information/News Manager Member of Native American Journalist Assoc. (NAJA). For More Information Contact: The Klamath Tribes Klamath News/Public Information Dept. P.O. Box 436 Chiloquin, OR 97624 Charles E. Kimbol, Sr., is blessed with anointed Phone: (541) 783-2219 ext. 147 [email protected] oil by Tribal member and Pastor Rachel Witcraft- Chavez. Mr. Kimbol is no "newbie" to this leader- Enrolled Klamath Tribal member, Judge or Visit the Tribal Website at: ship position, as he has served on Council in the James D. Hill, makes tribal history, as past and was a former Chairman of the Klamath he is sworn in as the first-ever Klamath www.klamathtribes.org Tribes for many years. The entire Council was Tribal Judge in history. He accepts the blessed by Pastor Chavez at the ceremony. position from outgoing Judge Dubray. Page 3, Klamath News 2010 Elected Klamath Tribal Council 2010-2013 Tribal Chairman Vice-Chairman Secretary Treasurer Gary Frost Don Gentry Torina Case Brandi Decker Council Member Council Member Council Member Council Member Bert Lawvor, Sr. Chuck Kimbol, Sr. Frank Summers GeorGene Nelson For further Tribal Council Contact Information call: 1-800-524-9787 or 541-783-2219 Tribal Court call: Council Member Council Member 541-783-3020 Tribal Judge Jeff C. Mitchell Shawn L. Jackson James D. Hill Page 4, Klamath News 2010 Klamath Tribal Council hits the ground running... Former Oregon Governor Vic Atiyeh, Ambassador Sue Schaffer of the Cow Creek Tribe, and Klamath Tribal Vice-Chairman Don Gentry, visit at the ceremony. LtoR Klamath Tribal Representatives - Tribal Member- Mary Gentry; Vice-Chairman- Don Gentry; Tribal Chairman- Gary Frost; Councilman- Frank Summers; Councilman- Shawn Jackson. TRIBAL TEAM SHINES AT STATE CAPITOL, WATER ADJUDICATION HEARINGS and ATNI By Taylor David- Klamath News On Friday, May 14, 2010, Klamath Tribal Representatives attended the Ceremonies at the State Capitol in Salem, Oregon, that marked the 35th Anniversary of the Legislative Commission on Indian Services and Tribal Government Day at the State Capitol (which encompasses Oregon's Nine Sovereign Nations)- the Klamath, Grande Ronde, Si- Councilman Summers, PI Manager Taylor letz, Cow Creek, Burns, Coquille, Umatilla, Warm Springs, and Coos- Young Klamath, Presley Marie Frost says, "I'm having a great day here at the David, and Councilman Jackson enjoy and Lower Umpqua and Siuslaw. State Capitol with my family." represent the Tribes at the Capitol. Newly Elected Klamath Tribal Chairman, Gary Frost, Vice-Chairman, Don Gentry, Councilmen, Frank Summers, and Shawn Jackson, were part of the team to attend the event. Tribal Member Mary Gentry, and Public Information Manager, Taylor David, also participated in the events. The agenda included, information tables from all nine tribes, invocation, a flag procession, and welcome and speeches by such in- dividuals such as Cheryle Kennedy, Grand Ronde Chair and Dee Pig- sley, Siletz Chair, Senator Ted Ferrioli, Former Governor Vic Atiyeh, and Secretary of State Kate Brown. An awards ceremony was also held for long time member of the Legislative Commission on Indian Services Jay Minthorn, for his years of dedication and service. The day's activities were graciously hosted by the Tribes and the Com- mission on Indian Services. It was also a wonderful opportunity for the other tribes and State and Federal representative to meet the new Klamath Tribal Council members. All Tribal Chairman and Representatives round dance in honor of Jay Minthorn. Water Adjudication Hearing Update Page 5, Klamath News 2010 Chocktoot. The Tribes’ opponents chose not to cross-examine Jeff and Perry, so they did not testify at the May hearing. The BIA sub- mitted written testimony from six expert witnesses. The opponents cross-examined four of those witnesses. Ullman said, “The judge now has all the evidence. Next, the parties must submit briefs explaining their positions on the law and the facts. The judge’s decision is not due until December.” The Klamath Basin Adjudication has been going on since 1975 when it was associated with the Adair case. In Adair the federal courts con- firmed that tribal water rights survived Termination. They ruled that the Tribes have a right to enough water to support treaty-protected hunting, fishing, trapping, and gathering activities. These Adjudica- tion cases will determine how much water that actually is. Councilman Summers and Councilman Jackson, pictured with Tribal NARF Attorney's Walter Echohawk and David Gover. The Tribes filed about 55 water rights claims in the Adjudication. The state water agency, which is in charge of the litigation, divided Following the State Capitol events on May 14, 2010, Tribal Council these claims into eight cases. The judge consolidated the eight cases traveled across town to the Tribal Water Adjudication Hearings with into three proceedings for three hearings. Mr. Echohawk for a de-briefing on the historical water hearings. First was the “streamflow” proceeding, which was heard in May. In a statement by Attorney Walter Echohawk he said, "I've felt like The second proceeding will involve the Tribes’ claims for “Seeps & each day the hearings have been favorable to the Tribe. We have left Springs, and Klamath Marsh.” Written testimony is being filed now here daily with a good feeling." Note: The first set of water hearings in preparation for that hearing. The cross-examination hearing is wrapped on, May 18, 2010, in Salem, Oregon. scheduled to begin July 26 in Salem. Each set of the Water Hearings are being streamed live, so you can The third proceeding includes “Upper Klamath Lake and the Kla- view them online when they are in session, by going to the following math River.” Written testimony begins to be filed in October. The website: http://www.oregon.gov/OAH/index.shtml cross-examination hearing in Salem will begin on April 18, 2011. Af- ter the parties brief this final proceeding, the judge’s decision is to be provided by April 16, 2012. Tribal Water Rights Trials Under Way Update by Klamath Water Attorney, Carl "Bud" Ullman When this judge has decided all the claims and cases, he will submit The first of three courtroom hearings on the Tribes’ water his decision as a recommendation to the Oregon Water Resources rights claims in the Klamath Basin Adjudication got under Department. OWRD will decide whether to accept the judge’s rec- way on May 3 in Salem.
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