John Simpson
Attorney for Idaho Water Users Association

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  • Why has this has gone on so long?

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  • What is the extent of these claims?

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  • What about the Nez Perce claims specifically?

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  • Why have you been involved for so long and why do your clients care so much about these claims?

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  • How seriously do you take all these claims? They have filed so many one would think they can't possibly get that amount.

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  • Why are your clients so worried? What could happen if some of these claims were perfected?

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  • The tribes say they were here before, since time immemorial.

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  • In other words, it was thought at the time the treaty was signed that they could fish but they weren't necessarily entitled to all of that water?

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  • How has this process been for you over all these years, this negotiation process, think it has been beneficial?

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  • How will this work? Negotiations obviously result in settlements, which result in compensation or money or loss of rights. What potentially would your clients have to give up in order for a settlement to work?

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  • Do you have a sense of how many people, individuals, or entitites are represented on your side of things? How many people stand to be affected?

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  • When people look at the map and the bulk of the claims it shows central Idaho basically instream flows but that doesn't mean that's the only place in the state that is affected. Why is that?

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  • So other people hundreds of miles away in the state are affected by this, right?

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  • What do you think is behind this volume of claims? What is your sense from over the years of negotiations of why they want that much water?

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  • Do you understand their feelings, now after talking with them for all these years?

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  • When you talk to Native Americans, specifically the Nez Perce, they will say we have been harmed so much over the past several hundred years, now it is time for somebody else to feel a bit of curtailment. There is still acrimony, bitterness that carries through in the sense of yes, the farmers may have had it for a hundred years but they were here earlier. Now it is time for other people to feel the pain they felt..

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  • And that is part of it too, the government specifically encouraged people to come out and settle at the same time they were putting Indians on reservations, they were also encouraging people to settle so you have the two coming together?

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  • Let's talk about the fountains and springs, what is your concern there?

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  • You don't have any problems then with the claims filed on the reservations?

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  • 80% of people living on reservations are non-Indian.

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  • Do you think this can be worked out?

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  • Why continue to negotiate when you have Judge Wood's decision going in your favor?

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  • So, this negotiation is not just about specific rights but is about the larger issue?

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  • With such large issues that involve public policy, that involve tax dollars, things that the general public is interested in, is it fair to have them be done behind closed doors? These are huge issues that involve all citizens.

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  • So, for the record, who do you represent, who are your clients?

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  • What is the Federal Claims Coalition?

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  • What are some of the concerns of your clients?

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  • So what you are saying is that this is a small slice or a medium slice of the panoply of issues that are facing them. And they are concerned about them all, including this one.

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  • So in that recognition do you think your clients will be able to give up something?

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  • Any additional comments about this issue?

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