A still image from the documentary The Penobscot: Ancestral River, Contested Territory

A federal judge sided with the state of Maine in a dispute over the ownership of the namesake river of the Penobscot Nation.

Judge George Singal determined that the reservation includes the islands that lie within the Penobscot River. But he said the tribe does not own the water itself due to provisions in the Maine Indian Claims Settlement Act and a companion state law.

"The settlement acts clearly define the Penobscot Indian Reservation to include the delineated islands of the main stem, but do not suggest that any of the waters of the main stem fall within the Penobscot Indian Reservation," Singal wrote in the 64-page decision. "That clear statutory language provides no opportunity to suggest that any of the waters of the main stem are also included within the boundaries of the Penobscot Indian Reservation."

At the same time, Singal ruled that the tribe retains subsistence fishing rights. A 60-mile portion of the river runs through the reservation.

Tribal leaders will meet with the Department of Justice to decide on the next steps in the case, Chief Kirk Francis told The Portland Press Herald. They could ask the 1st Circuit Court of Appeals to review the decision.

Turtle Talk has posted documents from the case, Penobscot Nation v. Schneider.

Get the Story:
Judge rules Penobscot Nation reservation does not include river’s waters (the Portland Press Herald 12/17)
Judge rules against Penobscot Nation in lawsuit over river rights (The Bangor Daily News 12/17)
Federal Judge Rules Against Tribe In River Rights Lawsuit (AP 12/17)
Judge: Penobscot Reservation Does Not Include River's Waters, But Tribe Has Fishing Rights (Maine Public Broadcasting Network 12/16)
Law Firm Press Release: U.S. District Court Denies Penobscot Nation's Claim to Penobscot River (Pierce Atwood 12/16)

Related Stories:
Penobscot Nation battles state over rights to namesake river (10/15)
Heather Denkmire: State tries to take river from Penobscot Nation (10/1)
EPA proposal aims to streamline recognition of tribal authority (9/24)
Maine won't let tribal treaty promises be printed in constitution (06/19)
Maine tribes assert sovereignty and sever relationship with state (05/28)
Donna Loring: Politicians circle the wagons around Maine tribes (5/27)
Maine tribes hold rally after withdrawing from state Legislature (5/26)
Maine lawmakers won't back fishing agreements with tribes (5/15)
Bill allows Maine tribes to follow VAWA jurisdiction provisions (5/12)
Top Maine official opposes bill for fishing agreements with tribes (04/29)
Carter Cates: Maine governor doesn't want to hear from tribes (4/28)
Column: Commission takes on truth and reconciliation in Maine (4/24)
Editorial: Maine governor fails to treat sovereign tribes as equals (4/23)
Donna Loring: Being Native in Maine means living with racism (4/21)
Opinion: Penobscot Nation fights state to regain control of river (03/16)
Maulian Smith: Indian people are not your mascots or costumes (03/10)
Tribes in Maine face opposition to jurisdiction over non-Indians (02/24)
Town in Maine approves new name for road after controversy (10/08)
Opinion: Town sends wrong message with street after R-word (09/24)
Mark Chavaree: Penobscot Nation fights to save namesake river (08/20)
Report faults Maine over dealings with Passamaquoddy Tribe (07/16)
Maine asserts jurisdiction over tribal waters in case against EPA (07/09)
MPBN: State tries to place fish limits on Passamaquoddy Tribe (02/21)
Maine tribes criticize state for pulling out of fishing agreement (02/19)
Jamie Bissonette Lewey: Maine must keep promise to tribes (02/03)
Passamaquoddy Tribe makes progress on state fishing talks (01/30)
Charges dismissed against trio of Passamaquoddy fishermen (8/13)
Passamaquoddy Tribe continues to exercising fishing rights (04/30)
Letter: State mistreats fishermen from Passamaquoddy Tribe (04/17)
Passamaquoddy leaders cite threat from governor on fishing (04/02)