On a cool morning in December, Johnella LaRose stands in a 2-acre field in east Oakland, overseeing a group of volunteers preparing a section of this land that the Sogorea Te Land Trust stewards for the arrival of a shipping container. LaRose is dressed to work, wearing jeans and boots that look broken in.
The container will serve as storage for farming equipment, she says, and in case of a natural disaster, as a safe shelter for people to gather, sleep, and access resources.
LaRose is co-founder of the Sogorea Te Land Trust, an intertribal women-led organization that is in the final stages of securing nonprofit status. It’s working to acquire access—and ownership—to land in the Bay Area, where Ohlone people have lived for centuries.
Label for buckwheat in the hugel raised bed where the Sogorea Te Land Trust grows plants native to the region. Photo by Deonna Anderson
The goal, says LaRose, is to establish a land base for the Chochenyo and Karkin Ohlone people, whose ancestral territory includes cities in the East Bay. “The land gives us everything that we need in order to survive,” says Corrina Gould, a Lisjan Ohlone leader and the other co-founder of the land trust. “That’s how people lived for thousands of years on our land and other Indigenous people’s land. … You work with the land so that it can continue to provide, but that you honor that relationship by not taking too much.”
Gould says Sogorea Te plans to steward the lands it has in a way that honors it.
Sogorea Te got access to the land in east Oakland in 2017 through a partnership with Planting Justice, a local grassroots organization that owns the property and uses it to house a nursery of edible tree crops for purchase by community members and others online. The land is also a place where Planting Justice’s reentry work takes place, because the nursery is staffed mostly by people who were formerly incarcerated.
Planting Justice plans to give the deed on the parcel to Sogorea Te—at no cost—in the future. And the two organizations plan to continue to work on the land together. In the future, Sogorea Te intends to purchase land by partnering with organizations who own land and are willing to transfer ownership.
LaRose hopes the lands Sogorea Te stewards will facilitate healing and build resiliency for Ohlone people. When she imagines the purpose the shipping container could serve, for example, LaRose thinks about Hurricane Katrina and its disproportionate impacts on poor and Black communities in New Orleans.
The Trust’s vision for this particular plot of land is to create an Indigenous cultural site.
As LaRose talks about her hopes, the volunteers build the foundation for the 5,000-pound shipping container. So far, volunteers have dug down 4 inches, removed the dirt, leveled it out, and started hauling gravel to fill in the hole. Once the container arrives, they’ll build it out with a kitchen, deck, and solar panels.
The 2-acre parcel where LaRose and volunteers are working is in the Sobrante Park neighborhood of east Oakland, which has little access to public transportation and grocery stores. It is surrounded by dense rows of apartments and houses. Train whistles and freeway noise can be heard from where LaRose and the volunteers are working.
Sage—called “miriyan” in the Ohlone language—grows in the hugel raised bed. Photo by Deonna Anderson
Near the back fence of the plot runs San Leandro Creek—renamed with its Ohlone name, Lisjan Creek, by the trust. Previous work parties have installed a hugel (short for “Hügelkultur”) raised bed where plants native to the region are growing. A no-till mound of soil and wood chips, Sogorea Te’s hugel has sage, wild onion, and milk weed, each labeled with their Ohlone name—miriyan, ‘uuner, and šiska. The plants are used for ceremony and medicine.
The trust’s vision for this particular plot of land is to create an Indigenous cultural site with a traditional arbor 9- to 15-feet tall, built out of redwoods. The arbor will be a place for ceremony that Ohlone people can pass on to future generations.
Gould says that the Ohlone never lost their connection to the land.
“We’ve been here since the beginning of time, so there continues to be a deep connection to land and how we relate on a daily basis has changed because of colonization,” she says. “It’s really been my generation that’s been able to come out and begin to speak about these horrific issues and to talk truth to history.”
Sogorea Te comes from a history of Ohlone people working to gain recognition and access to land in the Bay Area. The name Sogorea Te is the Ohlone name of a site in Vallejo, California, where a cultural easement fight took place in 2011. LaRose and Gould’s first organization, Indian People Organizing for Change, was involved in reoccupying the territorial site for 109 days. During that time, together with the Yocha Dehe and Cortina tribes, they recreated a village site with a sacred fire and stopped development of a sacred site along the Carquinez Strait.
Owned by the nonprofit Planting Justice the east Oakland plant nursery is planned to be transferred to the Sogorea Te Land Trust once the mortgage is paid in full. Photo by Deonna Anderson
The occupation led to the first cultural easement agreement among a city, a park district, and a federally recognized tribe. Gould says the easement allowed the tribe to have the same rights to that land as the other entities.
LaRose and Gould say they began Indian People Organizing for Change in 1999 to address issues relevant to their community, including homelessness and protection of sacred Indigenous sites. All of these issues, they say, are rooted in the same problem: dispossession from their people’s ancestral lands.
The issue of land return is particularly important for the Ohlone people who for centuries have had no land base and have been politically and economically marginalized. Today, the Ohlone are not on the list of 573 federally recognized tribes in the United States.
The idea behind establishing a land trust was for these Indigenous women to create a land base for their community.
Ohlone life changed dramatically when Spanish military and civilians began to encroach on the San Francisco Bay Area in the late 1700s.
Colonizers raped and forced Ohlone people into labor, brought diseases such as small pox and measles, and dispossessed Ohlone people of their lands.
Ohlone people survived and continued to live in that region, which today is one of the densest and most expensive metro areas in the U.S.
In 2015, LaRose and Gould established Sogorea Te Land Trust. It was another step in the work they’d already been doing to restore cultural access to ancestral lands.
Planting Justice and Sogorea Te Land Trust staff use this work area to store equipment sell plants and conduct portions of trainings. Photo by Deonna Anderson
Gould says they hope the land trust will allow Ohlone people for generations to come to reengage the land in the way that it was and has been done traditionally. That looks like bringing back traditional songs, dances, and ceremonies back to the land “and to try to create a balance.”
The idea behind establishing a land trust, which was sparked after Gould attended a meeting with existing Native-led land trusts in 2012, was for these Indigenous women to create a land base for their community.
“When you follow the rules, man, you’re not going to get anywhere,” LaRose said. “You really just have to really be brave and just put yourself out there and say, ‘This is what’s going to happen. This is what we’re going to do.’”
So far, the largest lot of land that Sogorea Te has access to is the quarter-acre in east Oakland.
The organization Planting Justice purchased that plot in the fall of 2015 as an additional location for its food justice work, with a low-interest loan from the Northern California Community Loan Fund and individual donations from community members. The nonprofit already owned land elsewhere in the East Bay.
Volunteers from the group Manhood Embodied moved and leveled gravel at the plant nursery stewarded by Sogorea Te Land Trust in east Oakland. Photo by Deonna Anderson
In November 2016, its founders Gavin Raders and Haleh Zandi drove North Dakota to join the #NODAPL protests in Standing Rock. On their way back to the Bay Area, they started thinking about their relationship to the land and their role in the Indigenous people in their own community.
Raders said both he and Zandi were aware of the history of colonization and genocide that happened to Indigenous people in California. But during their conversations with Indigenous elders, they began to ask themselves what it meant for Ohlone people to not be federally recognized and have no land base.
“I’m not really sure how this is going to look, but we want to be able to figure out how to give the land back to Indigenous people,” Raders remembers thinking.
Diane Williams, a friend of Sogorea Te’s founders who worked at Planting Justice, connected the two organizations in hopes that they’d work together in some capacity.
After numerous months, members of the groups, including LaRose, Gould, and Raders, finally met in August 2017 and officially started their partnership in fall 2017.
Trichostema grows in the back section of the land shared by Sogorea Te Land Trust and Planting Justice in east Oakland. Photo by Deonna Anderson
At that meeting, Sogorea Te learned that Planting Justice still owed hundreds of thousands of dollars on the mortgage but that when it was paid off, the organization wanted to sign the title over to the land trust, “which was a real surprise to us,” LaRose says.
“We want to be able to figure out how to give the land back to Indigenous people.”
That’s the first piece of land that the land trust was given to steward, with a verbal agreement between the organizations that they’d share it and work in cooperation with one another.
“It’s clearly understood by the Planting Justice board and the Sogorea Te Land Trust that this is a partnership that’s going to continue,” says Raders, a Planting Justice co-founder, who notes that his organization is committed to transfer the land to Sogorea Te ownership no matter how long it takes to pay off the mortgage. From there, the trust will establish a lease agreement with the organization so it can still have operations on the 2-acre parcel.
Planting Justice considered putting a cultural (or conservation) easement on the site, one that the Land Trust would manage, but it couldn’t because it is still paying off the mortgage of the land. Raders said the mortgage holders did not allow Planting Justice to move forward with an easement in case the mortgage did not get paid in full.
“Conservation easements last forever, no matter who owns the property in the future so those restrictions still run with the land,” said Sylvia Bates, director of Standards & Educational Services at the Land Trust Alliance, a national land conservation organization.
Johnella Larose points out the soap root plant that grows in the hugel raised bed. Photo by Deonna Anderson
In a scenario where an entity owns or is stewarding land with a conservation easement, the organization is obligated to make sure those restrictions stay in place. The mortgage holders did not want to deal with that possibility.
LaRose and Gould say that they’re figuring it out as they go along and are open to all the possibilities of acquiring land. “I don’t think that there’s one way that we’re looking at it,” Gould says. “We’re just trying to figure out, ‘how do we do that?’ and we’re bringing people along with us.”
In addition to the land in east Oakland, the trust stewards five plots of land throughout the Bay Area where they grow native plants and gather for ceremony.
Sogorea Te is also now in talks with an organization about land in Sonoma County. And in March, LaRose and Gould caught wind of a couple of vacant lots in Oakland that they might want to take into their care.
The organization doesn’t yet own any of these parcels, but they hope to soon.
Passionfruit grows along a section of the back fence on the land shared by Sogorea Te Land Trust and Planting Justice. Photo by Deonna Anderson.
In partnership, Planting Justice and Sogorea Te continue to work on the land together, as Planting Justice pays off the mortgage on the 2 acres in east Oakland and Sogorea Te raises funds to buy other parcels in the east Bay. Planting Justice plans to give the land to Sogorea Te once the mortgage is paid off. From there, Planting Justice will continue to operate on the land with a lease from the land trust.
LaRose said she’d really like someone with the resources to come in and give them the money to pay off the mortgage in full.
“Weirder things have happened,” she said.
One way Sogorea Te is raising funds is through the Shuumi Land Tax, a tax that the land trust has been implementing since 2016. It’s a voluntary tax for people who live on Chochenyo and Karkin Ohlone land, encompassing two dozen cities that make up most of the East Bay.
It was modeled after the Honor Tax that the Wiyot people started in Humboldt County, California. And there are other groups running similar taxes, like Real Rent, which encourages Seattleites to make rent payment to the Duwamish Tribe.
The Shuumi Tax is based on how many rooms people have in their home and whether they rent or own. As the value of a person’s home—or of rental costs—increase, so does the tax.
“But a lot of people give a lot more money. A lot more money but it’s this idea that you’re really paying for the privilege of living on Ohlone land, occupied land,” LaRose said. “It’s like reparations of some sort.”
Bins of sage and other plants in the back quarter-acre of a plant nursery stewarded by Sogorea Te Land Trust. Photo by Deonna Anderson
In 2018, KALW reported that the land trust received $80,000 from 800 contributions in the previous year.
The tax funds have been used for staff, office costs, and supplies. And in the future, they will be used to buy and maintain lands that are under the land trust’s stewardship.
Back at the Planting Justice site, two hours have gone by and the volunteers’ work is almost done for the day. Their last big task begins when the contractor brings another truckful of gravel. Volunteers spread out this new load until it’s level.
LaRose says volunteers and other community members are always thanking her and the Sogorea Te team for doing this work.
“But I’m like, ‘we have to do it.’ It’s not like we want to do it,” she said. “We have to do it.”
DEONNA ANDERSONis a freelance digital and radio reporter and a former Surdna reporting fellow for YES!
Editor’s note: Colonialism has not ended. It is in full force. It is what civilization does. For this to end, governments must give the Land Back. All BLM, Forests and Park land should be returned to the sovereign Nations it was stolen from. Turtle Island is Treaty Land, ceded or unceded. Treaties are the Supreme Law of the Land and must be honored. Australia just returned more than 395,000 acres of land to the Eastern Kuku Yalanji people. It included the Daintree National Park which is believed to be the oldest living rainforest in the world. Protections for the Bears Ear National Monument are being reinstated and management of the 1.3 million acres will be placed back into indigenous management. Rightful Lands, Rightful Hands!
As Colorado and other states eliminate Columbus Day as a holiday, it might seem as if our society has begun to repudiate the legacy of a slave trader/explorer who fed Spain’s lust for gold by trafficking in, and annihilating, native peoples. In truth, we continue to celebrate it.
We celebrate it every time the desires of the dominant culture override the concerns of native peoples about destruction of their homelands and sacred sites. Despite relentless legal and political resistance from affected tribes, Canadian oil that is produced by converting forests to sand pits recently began flowing through the Enbridge Line 3 pipeline.
The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Earlier this year, a federal court ordered the federal government to reassess the environmental impacts of the Dakota Access Pipeline, yet the Biden administration is allowing it to continue to operate.
In the coming days, it is likely that, over the objections of native people, including the Fort McDermitt Paiute-Shoshone Tribe and Atsa Koodakuh Wyh Nuwu/People of Red Mountain, backhoes will claw into Thacker Pass, Nevada, a relatively pristine desert landscape and site of a U.S. Cavalry massacre of Paiutes. Thacker Pass contains the largest lithium reserves in the United States. The mine will destroy nearly 5,700 acres to fuel the “green energy” revolution touted by advocates of the Green New Deal.
Affected tribes and native activists asked U.S. District Court Judge Miranda Du to stop the excavation, which she declined to do. The federal-agency defendants “do not dispute that the Tribes consider the entire Thacker Pass area sacred,” Judge Du stated. Regardless, she noted that the tribes lack the “right to prevent all digging in the entire Project area” and instead are entitled only to consultation with U.S. officials.
What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.
Judge Du’s blunt statement about the toothless legal recourse available to tribes also reveals the white supremacy embedded in federal law. In 1823, in Johnson v. McIntosh, Justice John Marshall cited the “superior genius” of Europe as justification for federal dominance over native nations. Marshall acknowledged how “extravagant the pretension of converting the discovery of an inhabited country into conquest may appear.” Still, “if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land and cannot be questioned.”
Nearly 200 years after Marshall invoked the “Doctrine of Discovery,” the fundamental relationship between native nations and the U.S. government is unchanged. Despite occasional pledges from presidents to honor native rights, those promises are mostly gimmicks designed to distract from the day in, day out policy choices that undermine native rights through federal approval of projects like the Thacker Pass lithium mine and the Dakota Access and Enbridge pipelines.
The Obama administration endorsed the UN Declaration on the Rights of Indigenous Peoples, which requires states to obtain “free, prior and informed consent” before taking actions that affect native peoples, yet that endorsement has had no effect on approval of massive projects so destructive to native lands. For this reason, the Biden administration should immediately enforce those protections in federal permitting decisions. The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Karen Breslin is an attorney and teaches political science at Metropolitan State University of Denver.
Pop singer Britney Spears’ quest to end the conservatorship that handed control over her finances and health care to her father demonstrates the double-edged sword of putting people under the legal care and control of another person.
A judge may at times deem it necessary to appoint a guardian or conservator to protect a vulnerable person from abuse and trickery by others, or to protect them from poor decision-making regarding their own health and safety. But when put into the hands of self-serving or otherwise unscrupulous conservators, however, it can lead to exploitation and abuse.
Celebrities like Spears may be particularly susceptible to exploitation due to their capacity for generating wealth, but they are far from the only people at risk. As a lawyer with decades of experience representing poor and marginalized people and a scholar of tribal and federal Indian law, I can attest to the way systemic inequalities within local legal practices may exacerbate these potentially exploitative situations, especially with respect to women and people of color.
Perhaps nowhere has the impact been so grave than with respect to Native Americans, who were put into a status of guardianship due to a system of federal and local policies developed in the early 1900s purportedly aimed at protecting Native Americans receiving allotted land from the government. Members of the Five Civilized Tribes of Oklahoma – Cherokee, Choctaw, Chickasaw, Creek, and Seminole nations – were particularly impacted by these practices due to the discovery of oil and gas under their lands.
Swindled by ‘friendly white lawyers’
A conservatorship, or a related designation called a guardianship, takes away decision-making autonomy from a person, called a “ward.” Although the conservator is supposed to act in the interest of the ward, the system can be open to exploitation especially when vast sums of money are involved.
By that time, federal policy had forced the removal of the Five Civilized Tribes from eastern and southern locations in the United States to what is presently Oklahoma. Subsequent federal policy converted large tracts of tribally held land into individual allotments that could be transferred or sold without federal oversight – a move that fractured communal land. Land deemed to be “surplus to Indian needs” was sold off to white settlers or businesses, and Native allotment holders could likewise sell their plots after a 25-year trust period ended or otherwise have them taken through tax assessments and other administrative actions. Through this process Indian land holdings diminished from “138 million acres in 1887 to 48 million acres by 1934 when allotment ended,” according to the Indian Land Tenure Foundation.
During the 1920s, members of the Osage Nation and of the Five Civilized Tribes were deemed to be among the richest people per capita in the world due to the discovery of oil and gas underneath their lands.
However, this discovery turned them into the victims of predatory schemes that left many penniless or even dead.
Reflecting on this period in the 1973 book “One Hundred Million Acres,” Kirke Kickingbird, a lawyer and member of the Kiowa Tribe, and former Bureau of Indian Affairs special assistant Karen Ducheneaux wrote that members of the Osage Nation “began to disappear mysteriously.” On death, their estates were left “not to their families, but to their friendly white lawyers, who gathered to usher them into the Happy Hunting Ground,” Kickingbird and Ducheneaux added.
Lawyers and conservators stole lands and funds before death as well, by getting themselves appointed as guardians and conservators with full authority to spend their wards’ money or lease and sell their land.
Congress created the initial conditions for this widespread graft and abuse through the Act of May 27, 1908. That Act transferred jurisdiction over land, persons and property of Indian “minors and incompetents” from the Interior Department, to local county probate courts in Oklahoma. Related legislation also enabled the the Interior Department to put land in or out of trust protection based on its assessment of the competency of Native American allottees and their heirs.
Unfettered by federal supervisory authority, local probate courts and attorneys seized the opportunity to use guardianships to steal Native Americans estates and lands. As described in 1924 by Zitkála-Šá, a prominent Native American activist commissioned by the Secretary of Interior to study the issue, “When oil is ‘struck’ on an Indian’s property, it is usually considered prima facie evidence that he is incompetent, and in the appointment of a guardian for him, his wishes in the matter are rarely considered.”
The county courts generally declared Native Americans incompetent to handle more than a very limited sum of money without any finding of mental incapacity. Zitkála-Šá’s report and Congressional testimony documented numerous examples of abuse. Breaches of trust were documented in which attorneys or others appointed conservators took money or lands from Nation members for their own businesses, personal expenses or investments. Others schemed with friends and business associates to deprive “wards.”
‘Plums to be distributed’
One such woman in Zitkála-Šá’s report was Munnie Bear, a “young, shrewd full-blood Creek woman … [who] ran a farm which she inherited from her aunt, her own allotment being leased.” Munnie saved enough money to buy a Ford truck and livestock for her farm, with savings remaining in a bank account. Once oil was discovered, however, the court appointed a guardian, who appointed a co-guardian and retained a lawyer, each of whom deducted monthly fees that depleted Bear’s funds. During the period of her guardianship, she was unable to spend any money or make any decisions about her farm or livestock, nor did she control her bank investment.
Zitkála-Šá’s report displays the extent of this practice:
“Many of the county courts are influenced by political considerations, and … Indian guardianships are the plums to be distributed to the faithful friends of the judges as a reward for their support at the polls. The principal business of these county courts is handling Indian estates. The judges are elected for a two-year term. That ‘extraordinary services’ in connection with the Indian estates are well paid for; one attorney, by order of the court, received $35,000 from a ward’s estate, and never appeared in court.”
Wards were often kept below subsistence levels by their conservators while their funds and lands were depleted by the charging of excessive guardian and attorneys’ fees and administrative costs, along with actual abuse through graft, negligence and deception.
Reports like that of Zitkála-Šá’s resulted in Congress enacting the Indian Reorganization Act of 1934. This put the Indian land that had not fallen into non-Indian hands during the federal policy of allotting plots back into tribal ownership and secured it in the trust of the United States. It also ended the potential for theft through guardianship.
But the lands and funds lost as a result of guardianships were not restored nor did descendants of those swindled ever enjoy the benefit of their relatives’ lands and monies either.
Shanai Matteson, a 39-year-old White settler, sat in the stuffy overflow room watching the packed Public Utility Commission meeting, along with more than a hundred others, in St. Paul, Minnesota, in June 2018. Over several hours, she listened as dozens of people—Native elders, local landowners, and young people concerned about their futures—testified against the Line 3 tar sands pipeline, urging the commission to deny the project a key permit. She listened, too, as Enbridge workers, bused in by the company, voiced their support for the pipeline.
Matteson remembers the collective dismay and anger in the room as the five-person board approved Enbridge’s permit request. She also remembers what happened next: Tania Aubid, a member of the Mille Lacs Band of Ojibwe, stood up and told the commissioners that they had just declared war on the Ojibwe people.
Outside of the conference hall, organizers held a rally. Matteson listened as Winona LaDuke, a member of the White Earth Nation and executive director of the nonprofit Honor the Earth, spoke alongside several youth interveners—teenagers who were suing to stop the pipeline in court. Listening to their words, Matteson was moved by their unwavering dedication―to the land, water, and climate, but also to upholding the treaty agreements, which were being violated by this pipeline project.
After the news conference, Matteson packed her two young children into the car. They drove for nearly three hours before reaching a part of the land where the Mississippi starts to widen into one of the nation’s most storied rivers. It was a place she knew well. Matteson’s family had lived in the area for five generations, ever since her great-great-grandfather, Amasa, settled a homestead and opened a small sawmill on 1855 Treaty land. She’d grown up in the nearby town of Palisade, Minnesota, population 150.
Here was where Enbridge planned to drill the Line 3 pipeline under the Mississippi.
Standing on the riverbank that night, Matteson made a pledge to do everything she could to uphold the treaties and to stop Line 3. “I remember that day, saying to myself ‘I am making a commitment to this fight,’ ” Matteson recalls.
Defending Treaty Rights: From the Salish Sea to Line 3
On July 25, a Lummi Nation-carved totem pole will pass through the Mississippi Headwaters, under which Enbridge plans to drill the Line 3 pipeline. It’s part of a 1,500-mile journey from the Salish Sea in the Pacific Northwest through numerous Indigenous sacred sites, including Bears Ears in the Southwest and Standing Rock in the Midwest, en route to Washington, D.C. The totem pole is intended to invite Native and non-Native people to connect with the idea of broken treaties and the ongoing efforts to honor them, especially when treaty rights come into conflict with extractive capitalism.
Putting a hand on the totem pole, as people are invited to do at each sacred site event stop, one can’t help but feel a sense of awe for the many stories, hopes, and prayers it carries—and to offer their own. The 24-foot pole, hauled on a trailer behind a pickup, bears images that tell stories of the present-day struggles faced by Indigenous communities—including the epidemic of missing and murdered Indigenous women, the crisis of children held in cages at the U.S.-Mexico border, and the work of language revitalization. One carving is a grandmother with seven tears, using culture to teach her granddaughter how to turn trauma into wisdom. The totem pole aims to serve as “a reminder of the promises that were made to the first peoples of this land and waters,” Lummi master carver Jewell James told The Washington Post.
These promises were made in the form of nation-to-nation treaty agreements, recognized in the U.S. Constitution as “the supreme law of the land.” For non-Native individuals residing in the U.S., treaty rights are still the legal mechanism giving people the right to live on ceded tribal land. Put another way, if settlers (like the two of us writing this piece) are not actively holding up their end of the deal, then they forfeit the right to be here.
In exchange, the U.S. government promised tribes services, such as health care, education, and housing—and in many cases, treaties reserved the right for Native people to hunt and fish within their traditional territory. Instead, the reality has been a history of genocidal massacres, forced displacement, brutal residential schools, the outlawing of language, religion, and culture, and broken treaty obligations. Only by confronting the context of the U.S.’s settler-colonial history can settlers begin to reckon with their personal identity as treaty people.
“Part of what’s so wonderful about the pole is how it invites people to learn about the treaty, and to learn about the true history of this country,” says Lummi tribal fisher and treaty advocate Ellie Kinley, co-founder of Sacred Sea, a Indigenous-led nonprofit whose mission is to defend Lummi sovereignty and treaty rights and promote Indigenous stewardship of the Salish Sea.
“Once you know the true history, you can learn from it, and become wise from it.”
“We Are All Treaty People”
On June 7, 2021, about 2,000 people attended Treaty People Gathering, a mass Line 3 protest in rural northern Minnesota. At one of two actions that happened that day, more than 1,000 people marched to a part of the Mississippi where the pipeline is slated to be drilled; at the other action, hundreds risked arrest (and more than 200 were arrested) shutting down an Enbridge work station for the day.
“We Are All Treaty People” was one of the gathering’s main rallying cries. They are words that Matteson has thought seriously about since that night at the Commission hearing.
In 2020, after two decades living and working in Minneapolis, Matteson moved her family back to Palisade. She quickly got involved with the Welcome Water Protector Center, a cultural camp supporting people standing with the Ojibwe opposing Line 3. She is now close friends with Tania Aubid, the founder of the camp and the Ojibwe woman who informed the PUC commissioners that Line 3 was an act of war upon her people. The women’s friendship has given them both the strength to do more. In early 2021, they embarked on a hunger strike together. To bring attention to the fight to stop the pipeline, Matteson went 21 days without food; Aubid went 38.
When asked why she moved with her two young children to the Welcome Water Protector Center, Matteson is clear that protecting the water and the climate were reasons, but so too was ensuring that her government upholds its side of the treaties.
“I’ve been reminded by so many Indigenous people that the treaties are not just a concern for Indigenous people,” she says, golden light falling between the trees at camp. “They were entered into by the U.S. government, and as citizens, we have a responsibility to ensure our government honors that law.”
Over the course of the 19th century, the Red Lake Nation, the White Earth Nation, and the Mille Lacs Band of Ojibwe signed treaties with the U.S. government—treaties that granted rights to U.S. citizens and reserved rights for tribal members. In recent years, tribal attorneys have argued that Line 3 would infringe upon those treaty-protected rights, including the right to cultivate and harvest wild rice―manoomin in the Ojibwe language―which is regarded as a sacred species and is a vital source of sustenance for local tribal members. “It’s a perpetuation of cultural genocide,” founder of Line 3 resistance group, Giniw Collective, Tara Houska told The Guardian, describing the impact Line 3 would have on manoomin.
It has been a long road for the tribal attorneys, a road made more complicated by the fact that some Native-owned construction companies and two other Ojibwe nations support the pipeline. Most recently, on June 14, the Minnesota Court of Appeals ruled against the tribes, finding that Enbridge had appropriately demonstrated that there was a need for the pipeline. There are, however, reasons to believe the Tribes’ case will fare better in a case at federal court, where it is to be heard in the coming months. In 2019, the U.S. Supreme Court ruled in the favor of treaty rights in two high-profile cases.
But as the case makes its way slowly through the federal court system, the fight for treaty rights is playing out on its own timeline in the woods of rural Minnesota.
Before Line 3 was anywhere near the edge of the great Mississippi, Aubid and Winona LaDuke built a waaginogaaning, a traditional Ojibwe prayer lodge, on the banks of the river, in the exact spot where Line 3 was slated to be drilled under its waters. Earlier this year, in the depths of the Minnesota winter, Enbridge workers appeared on site, nailing “No Trespassing” signs to trees.
The workers informed Aubid and LaDuke that they were trespassing on Enbridge property.
“No, you’re trespassing,” Aubid replied.
When the workers returned with law enforcement, Aubid handed the police officer a copy of the 1855 Treaty Authority letter, informing them of her legal, treaty-protected right to practice her religion there. The police and the Enbridge workers left Aubid in her prayer lodge soon after, but nobody expected Enbridge to stay away for long.
They didn’t. In July 2021, Enbridge drilled under the river, despite Aubid, Matteson, LaDuke, and others wading into the river to try and stop them.
The prayer lodge still stands in the path of the pipeline, and dozens more people have joined the Welcome Water Protector Center as the fight against the pipeline is reaching a boiling point. Since December alone, nearly 600 people have been arrested for actions related to stopping the construction of Line 3 and tens of thousands more have marched, demanded that Biden intervene, and protested the banks funding the pipeline.
Aubid is clear on what she hopes will happen next. “We’d like more people to come here,” she says. “We’d like people to help us protect the lands, protect the waters, and to do what they can to uphold their side of the treaties.”
Later, as we walk beside the languorous waters of the Mississippi, Matteson reminds us of the importance of settlers upholding the treaties. “This isn’t history,” she says. “This is happening here. It is happening now.”
CORRECTION: This article was updated at 5:26p.m. on July 20,2021, to reflect the current state of the drilling. Read our corrections policy here.
Featured image: Local residents and kids enjoy the recreational benefits of the flowing river resulting from the planned water releases. PHOTO COURTESY OF RAISE THE RIVER, JESÚS SALAZAR
“It’s not only about wildlife, or birds and trees. It’s also about the people.”
In late spring, Antonia Torres González’ tears rolled freely at the rare sight before her: the Colorado River flowed again in what is usually a parched delta.
Torres González, a member of the Cucapá tribe who grew up in the river delta, couldn’t help but relive memories of childhood romps in the once-lush waterway in northwestern Mexico. “It was like seeing the river come back to life,” she says.
On May 1, 2021, the river once again flowed in its delta thanks to an agreement between the United States and Mexico dubbed Minute 323. Through Oct. 11, a total of 35,000 acre-feet of water (11.4 billion gallons) will be released downstream from Morelos Dam on the U.S.-Mexico border to quench the thirst of this long-withered ecosystem.
The mammoth endeavor to rejuvenate the river delta was years in the making and involved dozens of people, including water managers, policymakers, scientists, conservationists, and nonprofits from both sides of the border.
In March 2014, a planned release from Morelos Dam sent water into the dry Colorado River Delta, connecting this river to the sea for the first time in many years. Photo courtesy of Raise the River, Peter McBride.
“We provide a lot of brainpower and blood, sweat, and tears, and commitment to this,” says Nancy Smith, Colorado River Program conservation director at the Nature Conservancy.
A History Dried Up
The decadeslong deterioration of the Colorado River Delta began with the diversion of most of its water to farms and growing city populations in the United States, and by the early 1960s, very little flow made it to the river’s lower reaches. Under a 1944 treaty, 1.5 million acre-feet of water—about 10% of the river’s annual flow—was required to reach Mexico each year, though most of that drenches farmland in the valley of Mexicali, Baja California, without ever reaching the delta that should reconnect the river to the Gulf of California, also known as the Sea of Cortez.
From the air, the green of a restored site provides a stark contrast to the arid landscape of today’s Colorado River Delta. Photo courtesy of Raise the River, Jesús Salazar.
Recent agreements between the countries, including this year’s pulse as well as another eight-week pulse of water back in 2014, ensure collaboration in restoring the delta and managing river water, sharing surpluses and shortages.
The restoration work that grassroots organizers jump-started in the delta region some two decades ago—including the removal of nonnative vegetation and reforestation of thousands of acres of willow, cottonwood, and mesquite trees—would in time become a key factor in the cross-border undertaking. “We had a vision that someday the Colorado River could be connected again to the sea and to local communities,” says Francisco Zamora of the Sonoran Institute in Tucson, Arizona. The nonprofit, which also has offices in Mexicali, works with communities to revive dying ecosystems.
Beginning in May 2021, strategic releases of water into the network of restoration sites in the Colorado River Delta were designed to maximize the impact of limited resources. Photo courtesy of Raise the River, Jesús Salazar.
To see the river flowing into the delta today, albeit temporarily, gives him hope that local communities may one day again rely on it for sustenance and recreation. Over the years, restoration work not only has provided local residents with jobs, but also inspired them to believe that the delta can flourish again. Zamora says seeing the river flowing has reinforced that notion, even for young people who had never seen it happen before.
“It’s not only about wildlife, or birds and trees,” he says. “It’s also about the people.”
People-Centered Conservation
Torres González remembers the Colorado River delta as an abundant source of water that sustained multiple generations of Cucapá families living on its banks. “When I was a child, the river was still flowing,” she says. “We bathed in it, we played games, we fished there. We used to drink water from the river, and most of our families used the water to do the wash and for other household chores.”
Gradually, the fish and the water flows diminished, as did the lush, native trees, and other vegetation that families traditionally used for food and medicine, recalls the tribal elder who now lives in a Mexicali neighborhood. “We no longer consume what grew naturally in the wetlands that were there,” Torres González says.
This year’s water delivery will allow nearby communities to enjoy the river again for five months, and directly benefits about 700 acres of restored landscape, Zamora says. “This is an area where you can find many species of birds and some are what we call target species, like the yellow-billed cuckoo.” To thrive, target species require mature cottonwood and willow forest, so their presence in the delta is a good indicator that the habitat is improving and suitable for such birds, he says.
The Laguna Grande Interpretive Center explains the strategic restoration process implemented at this site by the Sonoran Institute. Photo courtesy of Raise the River, Lynne Bairstow.
The Sonoran Institute and the Nature Conservancy are part of Raise the River, a coalition of environmental groups from Mexico and the U.S. working to restore the river delta. “The Colorado River Delta used to cover 2 million acres,” Smith says. “It was this vast, watery landscape teeming with birds—really quite extraordinary.”
Smith has no doubt the delta can make a comeback. “One of the really wonderful things we learned from the 2014 pulse flow is that with water, the ecosystem responds,” she says. “The birds return, the cottonwoods and willow trees return, the local and migratory birds have increased—many of which are endangered.”
The 2014 pulse flow released downstream, known as Minute 319, was roughly 105,000 acre-feet of water (about 1% of the river’s annual flow) and transformed the dry delta into a river again for eight weeks. Subsequent scientific studies showed the water release was a boost to vegetation, greening restoration areas and increasing certain bird species—at least for a while. Even though the abundance of birds later diminished, levels remained higher than before 2014, according to a 2018 report from the International Boundary and Water Commission.
By mid-June 2021, the strategic releases of water enabled the Colorado River to once again connect with the Gulf of Mexico, reviving its dormant estuary. Photo courtesy of Raise the River, Jesús Salazar.
Lessons learned from the first water surge helped design the current water delivery to maximize benefits to the delta, Smith says. To keep the water from seeping into the ground early on, which happened in 2014, existing irrigation canals are being used to direct the flow toward restoration sites. Nonprofits and grassroots groups also fund on-the-ground projects in the delta and contribute donor resources to match those of the U.S. and Mexico governments.
“We work hand in hand with the government to do all the science necessary to make sure that we keep making progress and to make sure that whatever environmental water comes across the border is put to the best use,” Smith says.
A Hopefully Wetter Future
For Torres González, seeing the river flowing again, if only briefly, restores her hope in the delta’s resiliency—just like it did her mother, Inocencia González, before she died in June 2021.
“It would benefit us a lot if the water reaches the delta regularly again,” she says. “In this water flow we saw that there were a lot of small fish that could have grown in this river, and it would’ve meant good fishing for the Cucapá.”
As drought and climate change further strain a dwindling Colorado River and other natural resources around the globe, Smith says, international agreements may become more important. She hopes the U.S.-Mexico collaboration will bring about similar arrangements elsewhere.
“If we can restore the river, it will benefit a lot of people, but it also shows that we can protect nature, we can restore nature,” she says. “And if we can do it in the Colorado River, we can do it in other parts of the world.”
LOURDES MEDRANO is an independent writer covering the U.S.-Mexico border. She focuses on illegal immigration, underserved communities, the environment, health, and matters of importance in both the U.S. and neighboring Mexico. She previously worked for daily newspapers, including the Star Tribune in Minneapolis and The Arizona Republic in Phoenix. She is a member of Investigative Reporters and Editors, NAHJ, and the Society of Environmental Journalists. Lourdes is based in Tucson, Arizona, and speaks English and Spanish. She can be reached via Twitter direct message or LinkedIn.
