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Deschutes County Defies Court Order to Consider Warm Springs Tribes' Fisheries Evidence

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In a continued pattern of disregarding the sovereignty of the Confederated Tribes of Warm Springs, the Deschutes County Board of Commissioners today denied a formal request from the Tribes to reschedule an upcoming hearing, submit additional evidence, and extend testimony time in a proceeding involving treaty-protected rights.

The hearing, concerning an application for the proposed Thornburgh Resort, is set for May 7—a date scheduled without consultation with the Tribes. The timing coincides with the seating of the Tribes’ 30th Tribal Council, significantly limiting their ability to adequately prepare for and participate in the proceedings. These concerns were detailed in an April 10 letter from Tribal Council Chairman Jonathan W. Smith, Sr., submitted in response to a hearing notice received just one day prior, on April 9. Despite the letter's relevance, the Board did not reference or acknowledge it during today’s meeting.

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Tribal representatives say the Board’s decision runs counter to guidance from the Oregon Court of Appeals, which directed that the Tribes be given a meaningful opportunity to present evidence. They further stated that the vote undermines the relationship between Deschutes County and the Tribes.

“As a matter of respectful intergovernmental relationships, the Deschutes County Board’s decision demonstrates a fundamental lack of understanding of the Tribes’ constitutionally recognized role as a sovereign co-manager of the Deschutes Basin’s resources,” said Jonathan W. Smith, Sr., the current Chairman of the Warm Springs Tribal Council. “The land and water impacted by the proposed modification of Thornburgh Resort’s Fish and Wildlife Mitigation Plan lies within our ceded territory where we retain treaty-protected rights to take fish and to have fish to take.” 
 
The Treaty of June 25, 1855, is federal law and guarantees Warm Springs the right to take fish throughout the Deschutes Basin. It also requires that states, including Oregon, ensure there is a harvestable population available to the Tribes. 
 
“The Deschutes River and its tributaries are in our homelands, and we have lived and fished on these waters since time immemorial,” said Chairman Smith. “Our Tribal knowledge – both scientific and cultural – is essential to deliver a healthy fishery for our people. The County simply cannot understand the full picture of this project’s impact without our perspective.”

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