Warm Springs Tribes win treaty rights appeal over Central Oregon resort

In a significant legal victory, the Oregon Court of Appeals ruled in favor of the Confederated Tribes of Warm Springs, allowing them to challenge Deschutes County's endorsement of the Thornburgh resort project. The proposed resort includes plans for 950 luxury homes, a golf course, and a private lake, which the tribes argue could violate their treaty rights by damaging critical fish habitats. The court determined that the Oregon Land Use Board of Appeals had erred in dismissing the tribes' claims regarding their treaty rights too early in the process, thereby keeping the issue alive. Leaders from other tribes in the Columbia River Basin, including the Yakama Nation and Nez Perce Tribe, have expressed their support for Warm Springs, underscoring the broader implications of this case for Indigenous rights. The Warm Springs leaders contend that the county's approval failed to adequately consider the environmental and cultural impacts of the resort.

Deschutes County officials now face the challenge of re-evaluating the project in light of the appeals court's decision. The outcome of this ongoing dispute could have far-reaching effects on the relationship between local government and Indigenous communities in the region. As the case returns to LUBA, stakeholders await the next steps in this pivotal legal battle.