State board wont weigh Indigenous treaty rights in fight over Central Oregons Thornburgh resort site

The Oregon Land Use Board of Appeals (LUBA) has decided not to factor in the treaty rights of the Confederated Tribes of the Warm Springs in the ongoing legal battle over the Thornburgh resort site in Central Oregon. Tribal leaders argue that Deschutes County's approval of the resort failed to consider the detrimental effects of increased groundwater consumption on fish populations, which are protected under an 1855 treaty with the federal government. Despite these claims, LUBA maintained that the tribes did not sufficiently raise the issue of treaty rights during earlier hearings at the county level. This ruling represents a pivotal moment, as it is the first challenge initiated by tribal leaders regarding the Thornburgh project. Warm Springs attorney Josh Newton expressed concern that the county's decision exhibited "implicit cultural bias" and disregarded Indigenous knowledge.

With the possibility of an appeal to the Oregon Court of Appeals looming, tribal officials are evaluating their next steps. The resort has been a contentious issue for decades due to concerns about its projected water usage. As the legal battle continues, the outcome may have broader implications for Indigenous rights and land use in the region.