One of Minnesota’s largest farming operations has sued the White Earth Band of Chippewa after the tribe sought to regulate its water use on its reservation and surrounding land.
In a move that could shape tribal treaty rights and water use across the state, the tribe started requiring anyone who pumps more than 10,000 gallons of water a day or more than 1 million gallons a year on its reservation or within 5 miles of it to get a tribal permit. That would be in addition to any permits that heavy water users need from the state.
But only the state can regulate the water use of non-tribal members, argued R.D. Offutt Farms, a potato producer that owns or operates about 50 farms with high capacity irrigation wells in and near the reservation. R.D. Offutt has asked the court to throw out the band’s permit, saying the costs and uncertainty in getting approved could force farms to shut down.
“This will have a profound impact not just on our farms, but on the farms of our neighbors, our team members, our suppliers, our customers who have already purchased the crop, and our communities who rely on the stability of the regional agricultural economy,” R.D. Offutt spokeswoman Jennifer Maleitzke said in a statement.
Farmers need clarity from the courts about water permitting in Minnesota, Maleitzke said.
“We believe — and the evidence supports — the state should be regulating water use throughout Minnesota,” she said.
Minnesota is in the grip of a water crisis, White Earth Chair Michael Fairbanks said in a statement.
“The White Earth Nation is dedicated to using sound science for a fair and balanced review of water resources, ensuring equitable decisions while safeguarding the health and welfare of everyone within the Nation’s boundaries,” he said.