The United States Governments Disregard for Ute Land Compensation

Written by: Gurpartap Singh 

“Ute Indian Camp, Garden of the Gods, Shan Kive, 1913,” 1913. Prints and Photographs Division, Library of Congress.

Whether it be by the United States government or big-name companies trying to expand their resource outreach or industries, the taking and misuse of Native American land has been a big issue for many centuries now. In this short look into a contemporary Native American issue, we will draw our attention to the Ute tribe and the taking of their natural resources by the United States government, specifically of the Uncompahgre land located in current-day Colorado and Utah, and the government's failure to compensate to the Ute tribe and hold up their end of the agreement.

The Ute Native Americans are a very diverse group of people with a very rich history. According to the official website of the Southern Ute Indian tribe, the Ute people had a special relationship with nature and are seen as the “...oldest residents of Colorado, inhabiting the mountains and vast areas of Colorado, Utah, Wyoming, Eastern Nevada, Northern New Mexico and Arizona”(“Southern”). Although we will not discuss every aspect of the rich Ute culture, it is important to note the special relationship the tribe has had with nature. In doing so, we will better understand the contemporary problems and issues being faced by the tribe. When looking at the research/information provided by the Pike Peak Historical Society(PPHS): an organization created to preserve the history of the Pikes Peak western slope, we learn that the Natives had a special relationship with their surroundings, specifically the Ponderosa Pine trees. The categories and use for such trees included: “Medicine/Healing Trees, Prayer Trees, [and] Burial Trees”(“Ute”) and were often associated with a number of different sacred rituals. These trees also had lifespans of up to 800 years and the PPHS refer to such trees as “living artifacts” and the dense forests as “living museums” --it is easy to concur about the strong relationship the Ute had with nature from this. Not only were trees and nature rooted in their cultural norms(such as a means for burial and medicine), but also heavy influences on their sacred beliefs as well. However, such sacred land would eventually fall victim to the needs of the colonizers.

Moving forward to the problem at hand, the contemporary Ute concern now is the misuse and disregard for compensation of such lands by the United States government. In 1874, The United States ratified the Brunot Treaty which allowed gold and silver mining to occur near and around the San Juan Mountains. However, mining companies, and the like, would not only overstep their set boundaries but would heavily affect the resources around them(“Southern”). This overstepping heavily affected wildlife in the area along with hunting and the natural landscapes which were held sacred and vital for the Ute tribe rituals and ceremonies. Furthermore, Ben Winslow of Fox13 News, reports that “Utes were ousted from their lands in eastern Utah and portions of Colorado” and “were never compensated for the land as promised in mineral, water and grazing rights”(Winslow). This lack of regard over so many years eventually led Ute tribespeople to inevitably file a lawsuit against the federal government which entails upwards of two million acres of land and as much as a billion dollars in reparations. In light of the United States government, however, Utah Attorney General Sean Reyes stated in a Fox 13 interview that, "This is a case of epic proportions that kind of slid under the radar"(Winslow)--bolstering the fact of disregard by the federal court system. Furthermore, another article by Winslow stated that “Utah claims...that an adverse outcome in this action could deprive Utah of federal mineral royalty revenues" and “...losses...which may total tens of millions of dollars annually, are a legally protected interest at risk of being impaired"(Winslow, “Utah intervenes”). However, the Ute tribe’s lawyer, Jeremy Patterson, opposed these comments by stating that, “The connection to the land runs much deeper than just economic interests...The taking of homelands is the most devastating act taken against an Indian nation.”

In all, this issue of compensation for land is ongoing with the federal court case still active as of today, the 11th of March 2020. Although Native Americans are the true inhabitants of the disputed lands, the taking of resourceful and sacred land is not something new to native American tribes--it has been a commonly recurring issue ever since colonization by the Europeans. Land is not only a part of everyday life for such natives, but their culture and religion are highly influenced by/integrated within it. When taking an approach to the problem at hand, it is paramount that we must see both sides of the story before coming to a decision and stance on the matter. With that being said, however, it is just as vital to stand in support of the victims--in this case, the Native American minority--of the situation and approach the issue as if it were happening within your own home.

Sources

Maffly, Brian, and Salt Lake Tribune, Inc. “Ute Tribe Takes U.S. Government to Court over 'Theft' of Land and Water in Historic Uncompahgre.” The Salt Lake Tribune, www.sltrib.com/news/environment/2018/03/13/ute-tribe-takes-us-government-to-court-over-theft-of-land-and-water-in-historic-uncompahgre/.

“Southern Ute Indian Tribe.” Great Seal of the Southern Ute Indian Tribe, www.southernute-nsn.gov/history/.

“Ute Indians.” Pikes Peak Historical Society, 13 Mar. 2019, www.pikespeakhsmuseum.org/indians/.

Winslow, Ben. “Utah Considers Jumping into a Tribal Lawsuit over a Huge Chunk of Land and a Billion Dollars.” KSTU, 19 June 2018, www.fox13now.com/2018/06/19/utah-considers-jumping-into-a-tribal-lawsuit-over-a-huge-chunk-of-land-and-a-billion-dollars.

Winslow, Ben. “Utah Intervenes in Tribe's Lawsuit over 2 Million Acres and a Billion in Reparations.” KSTU, 9 Feb. 2020, www.fox13now.com/utah-intervenes-in-tribes-lawsuit-over-2-million-acres-and-billion-in-reparations.