Guide to the Larry Leventhal LCO-NSP Legal Papers, 1920-1986
Last Updated
Overview of the Collection
Repository:
Special Collections & Archives
McIntyre Library
University of Wisconsin – Eau Claire
P.O. Box 4004
105 Garfield Ave.
Eau Claire, WI 54702 – 4004
(715) 836-2739
https://library.uwec.edu/archives/
Reference Code: USGZE UHC 335
Accession Number: 10-021
Collection Number: University Historical Collection 335
Creators: Leventhal, Larry
Title: Larry Leventhal Lac Courte Oreilles-Northern States Power Legal Papers, 1920-1986.
Dates: 1920-1986
Quantity: 7 linear feet (7 record cartons)
Location of Collection: A9/1e-g
Languages: Collection materials are in English.
Summary: Larry Leventhal was one of the legal representatives of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin during a series of legal proceedings between the tribe and the Northern States Power Company during the 1970s and 1980s. The series includes Leventhal’s own files as well as federal and state records pertaining to the trials.
Biographical / Historical Note
The legal proceedings between the Lac Courte Oreilles Indian tribe, represented by Larry Leventhal and others, and the Northern States Power Company (NSP) in the 1970s to 1980s were based on a license granted to the power company (at that time the Wisconsin-Minnesota Power and Light Company) in 1921. In the early 20th century, the WMP&LC was seeking a site to build a dam along the Chippewa flowage. The prospective dam was not to produce power but instead supply a steady flow of water to hydroelectric dams downstream and control flooding. The company chose an area close to Winter, Wisconsin, but with further study it became clear that the nearby Lac Courte Oreilles reservation would lose land due the flooding caused by the dam. When the company sought permission to flood the land, the tribe repeatedly stated that the land that would be lost (including the reservation’s town, school, many residential homes and burial grounds) was too meaningful and turned the company down in 1916 and 1919. In 1920, the Federal Water Power Act was passed, which created the Federal Power Commission (FPC). The FPC was given the right to grant licenses for projects like reservoirs, even on reservation land. In early 1921, the power company applied for a license to build the Winter Dam. Even with a public hearing in which reservation residents spoke strongly against the dam and despite the fact that the proposed dam would break several treaties between the tribe and the United States government, License 108 was granted on August 8, 1921. License 108 allowed WMP&LC to build the dam and lease the land on the reservation that was to be flooded for 50 years. In return, the company was required to build a new town for the reservation and replace all residential buildings lost due to flooding. Additionally, the company was ordered to move any burial grounds to areas that would not be flooded, restock fish in the Flowage and reseed wild rice that would be lost.
In 1934, the passing of the Reorganization Act allowed American Indian reservations to regulate the use of their lands. As the 50 year license expired in 1971, the Lac Courte Oreilles Tribe wanted to exert their power to do so and prevent a renewal of the license. The tribe insisted that they had never given permission for the dam to be built and that company had not met many of the requirements stipulated by the original license. It was argued that the rebuilt town, called New Post, was not equivalent to the reservation’s previous settlement and many of the new structures that the company built to replace flooded property were meager. In addition, the company failed to move all the burial grounds that were flooded, the fish population was depleted, and, most important, the wild rice that was both economically and spiritually important to the tribe was wiped out. Due to annual “draw downs,” or the changing of water levels used to control flooding downstream, the wild rice that was seeded by the company failed to survive. Therefore, the tribe argued that they had never agreed to the construction dam and when Project 108 was licensed regardless of tribal objections they did not receive appropriate compensation.
In 1971, as NSP pursued a license renewal, the Lac Courte Oreilles tribe filed a lawsuit against the company demanding that the national government should “reclaim” the project and give control of reservation land back to the tribe. Larry Leventhal of Minneapolis, Minnesota, was one of the lawyers hired by the tribe. Public and formal hearings were held by the FPC in August 1973, but no official decision was made. Over the course of the next decade the legal cases continued between the tribe and power company, while many politicians, federal organizations and environmentalists argued on behalf of the tribe. In 1984, after numerous studies on the reservation land and dam, a final settlement was reached between the tribe and the power company. The lease on the flooded land was renewed for NSP, and they were allowed 10 to 15 feet of draw down each year, much less than previously permitted. In return, the Lac Courte Oreilles tribe was paid $500,000 and given 3,000 acres of land (including land adjacent to the dam) by the company. The tribe was also given the right to build a hydroelectric power plant on the land and sell the power generated by the dam to NSP.
Content Description
The collection includes legal files that Larry Leventhal accrued over the course of the legal cases between the Lac Courte Oreilles tribe and Northern States Power. The papers are divided to 6 series: Correspondence; Testimony, Exhibits and Supporting Evidence; Legal Briefs and Petitions; Federal Power Commission Hearing Records; Hydroelectric Development Project; and Settlement.
Administrative Information
Acquisition Information: Donated to the University Archives and Special Collections, University of Wisconsin--Eau Claire by Larry Martin of the American Indian Studies Department.
Access Restrictions: Collection is open to the public.
Use Restrictions: Researchers are responsible for using in accordance with 17 U.S.C. Copyright not owned by the University of Wisconsin--Eau Claire.
Preferred Citation: Larry Leventhal Lac Courte Oreilles-Northern States Power Legal Papers, 19201986. UHC 335. Special Collections & Archives. McIntyre Library. University of Wisconsin--Eau Claire. Eau Claire, WI.
Processing Note: Processed by Andrea Stepanik in November 2009.
Arrangement: By series.
Subjects
Personal Names: Leventhal, Larry
Corporate Names:
Northern States Power Company
Wisconsin-Minnesota Power and Light Company
Subject Terms:
Ojibwa Indians—Government relations.
Ojibwa Indians—Treaties.
Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.
Indian reservations—Wisconsin.
Indians of North America—Wisconsin.
Geographical Terms:
Lac Courte Oreilles Reservation (Wis.)
Winter Dam (Winter, Wis.)
Detailed List of Contents
Series 1: Correspondence
Series contains correspondence pertaining to Leventhal’s work with the Lac Courte Oreilles Tribe. The files include general correspondence with parties participating in the legal case and letters written by Leventhal on behalf of the Lac Courte Orielles tribe. Also included is correspondence pertaining to the development of settlement proposals, a management plan for the flowage and the hydroelectric development project.
Dates: 1972-1984
Extent: 1 linear foot (1 record carton)
Container
Contents
Dates
Box/Folder 2/1-2/2
Correspondence
1972
Box/Folder 2/3, 5/14
Correspondence
1975
Box/Folder 2/4
Correspondence
July-December 1973
Box/Folder 2/9, 7/9
Correspondence
1981-1982
Box/Folder 3/5
Management Plan Deficiency Correspondence
1975-1976
Box/Folder 3/10-3/11
Correspondence – Hydroelectric Power Development
1981-1984
Box/Folder 5/2
Correspondence –Settlement Proposals
1981-1984
Box/Folder 5/5
Correspondence
1976
Box/Folder 5/15
Correspondence
1977
Box/Folder 5/16
Correspondence
1978
Box/Folder 5/20
Certificates of Service
1975, 1982
Box/Folder 7/13
Correspondence to and on behalf of LCO Tribe
1973-1984
Box/Folder 7/16
Correspondence – Final Settlement
1984
Box/Folder 7/19
Correspondence
1983
Series 2: Testimony, Exhibits and Supporting Evidence
Series contains direct testimony and exhibits from the various organizations involved in the legal proceedings surrounding the Winter Dam and NSP Project 108. Also included are appraisals of land on the Lac Courte Oreilles reservation, maps of the affected areas, copies of federal legislation pertaining to the case, studies on management of the flowage and development of a hydroelectric plant, and newspaper clippings.
Dates: 1920-1983
Extent: 2 linear feet (2 record cartons)
Container
Contents
Dates
Box/Folder 1/1
Appraisal map and photos of LCO property
1972
Box/Folder 1/2
Appraisal of Chippewa Flowage Lands – LCO Reservation
1973
Box/Folder 1/5
1921 License Documents
ca. 1921
Box/Folder 1/6
Maps – LCO Reservation, Northern Wisconsin and Chequamegon National Forest
ca. 1975
Box/Folder 1/9
US Federal Power Commission Reports
August 1969
Box/Folder 1/10
NSP Application for Project 108 License Renewal
February 18, 1970
Box/Folder 1/11
Chippewa Flowage Investigation Progress Report – Upper Great Lakes Regional Commission
February 1972
Box/Folder 1/12
Chippewa Flowage Investigations Part 1: Summary Report
June 1972
Box/Folder 1/13
Chippewa Flowage Investigations Part 3A-3B: Appendixes
June 1972
Box/Folder 1/14
US FPC Federal Power Act
1971
Box/Folder 1/15
Guide for Managing National Forests in the Lake States
August 1975
Box/Folder 1/16
FPC Project 108 Approval and LCO Tribe Constitution copies
ca. 1920-1948
Box/Folder 2/5
Miscellaneous Testimony
ca. 1973
Box/Folder 2/6
Testimony on behalf of LCO Tribe
ca. 1973
Box/Folder 3/4
Manual for Calculating the Capacity of a Lake for Development
undated
Box/Folder 3/9
Bill – “Chippewa Flowage Take Over Act of 1981”
1981
Box/Folder 3/14
FPC Direct Testimony Notes
1973
Box/Folder 3/16
Draft Reply to FPC Letter Concerning Flowage Management
1975
Box/Folder 3/18
Excerpts in Support of Tribe – Hearings, Newspapers
1921, 1937, 1971-1974
Box/Folder 3/21
Project 108 Chronology and License Copy
undated
Box/Folder 3/22
Wild Rice Feasibility Study and Environmental Impact
1972-1973
Box/Folder 3/23
Alpha Smaby – NSP Public Director Candidate
1972-1973
Box/Folder 3/24
Northland College AIS Program
1973-1975
Box/Folder 3/25
LOC Hydrologic Study
1971-1973
Box/Folder 3/31
Testimony for LOC
ca. 1975-1977
Box/Folder 3/33
LOC Ojibwa 2415 Claims Investigation Report
undated
Box/Folder 5/3
LOC Land Appraisals
1973
Box/Folder 5/4
Testimony – Lyman
Williamson and Roy Tull
undated
Box/Folder 5/6
Return of the Chippewa Land Paper
ca. 1971
Box/Folder 5/7
Statement of Harrison Loesch - policies for energy resources on public lands
1972
Box/Folder 5/8
Indian Land Ownership Rights – Paper and Senate Records
1973-1975
Box/Folder 5/12
Studies on various aspects of Chippewa Flowage management
1969-1976
Box/Folder 5/13
Case summaries and position statements
ca. 1974-1976
Box/Folder 5/17
US Geological Survey on Chippewa Flowage
1976
Box/Folder 5/18
Testimony for NSP
ca. 1971-1973
Box/Folder 5/21
Dept. of Indian Affairs & LOC Press Releases
1971, 1973
Box/Folder 5/23
FPC Hearing Testimony
ca. 1973
Box/Folder 5/24
Ecological Aspects of Chippewa Reservoir –Potential Rice Production
1973
Box/Folder 5/25
US Dept. of Agriculture Response to Project 108
1973
Box/Folder 5/26
FPC Environmental Expert Testimony
1973
Box/Folder 5/27
Testimony on behalf of NSP
ca. 1971-1974
Box/Folder 5/28
Testimony – Hayward Area Residents & Save the Chippewa Flowage Alliance
ca. 1973
Box/Folder 5/29
Testimony – Environmental and Economic Impact of Project 108
ca. 1973-1974
Box/Folder 5/30
Testimony – LOC tribe members and cultural impact of Project 108
ca. 1973-1974
Box/Folder 5/31
NSP Company Background & Project 108 Management History
1973
Box/Folder 5/32
Grounds for the recapture of the Chippewa Flowage
ca. 1971-1975
Box/Folder 5/33
Newspaper Clippings
1971-1976
Box/Folder 6/3
Analysis of Claims of LOC against NSP
Sept. 22, 1983
Box/Folder 6/10
Chippewa Flowage–Project 108 Investigation Maps
June 1972
Box/Folder 7/1-7/2
Direct testimony & exhibits of witnesses for NSP
undated
Box/Folder 7/3-7/4
Direct testimony & exhibits of witnesses for the LCO
1973
Box/Folder 7/5
FPC Staff Expert Testimony
1973
Box/Folder 7/7
Chippewa Flowage Land Appraisal Consultant Foresters Report
1973
Box/Folder 7/12
Regional EPA Commission Letter to FPC and Objections in Response
1976-1977
Box/Folder 7/15
Documents and Resolutions to support LCO case
ca. 1976
Series 3: Legal Briefs and Petitions
Series contains legal briefs and petitions filed by various parties over the duration of the legal proceedings. The briefs provide background information on the case, parties involved, flowage management and Winter Dam. Each brief presented by the Lac Courte Oreilles, Northern States Power or the Federal Power Commission portray their argument for or against the renewal of License 108 and responses to briefs presented by other participants.
Dates: 1968-1982
Extent: 1 linear foot (1 record carton)
Container
Contents
Dates
Box/Folder 1/8
FPC Hearing Reply Briefs from LCO and FPC Staff
1974
Box/Folder 2/7
FPC Hearing Initial Brief of LCO Tribe and Secretary of the Interior
March 1977
Box/Folder 2/8
Miscellaneous FPC Hearing Briefs
1974
Box/Folder 2/10
Brief of LCO Tribe - Petition Against NSP
1974
Box/Folder 2/11
FPC Hearing Briefs of LCO Tribe
1974-1978
Box/Folder 2/12-2/13
FPC Hearing Briefs of NSP
1973-1974, 1978
Box/Folder 2/14
FPC Brief of NSP – Project 108 Reopened Proceedings
1977
Box/Folder 2/15-2/16
FPC Briefs of Commission Staff
1973,1977-1978
Box/Folder 3/17
FPC and NSP Response to LOC Appeals
1975
Box/Folder 3/19
LOC Reply Briefs
1973
Box/Folder 3/26
FPC Briefs and Opinion Statements
1973-1976
Box/Folder 3/28
Petitions to the FPC
1971-1973
Box/Folder 3/29-3/30
FPC Briefs of various parties
1971-1978
Box/Folder 5/1
Early Hearing Briefs and Orders
1970-1971
Box/Folder 5/10
LOC Response Brief to Draft Environmental Impact Statement
1973
Box/Folder 5/11
Briefs of LOC and NSP on Recapture of Project 108
1968-1973
Box/Folder 5/20
Certificates of Service
1975, 1982
Series 4: Federal Power Commission Hearing Records
Series contains the official stenographer’s transcripts of hearings held in Washington, D.C. before the FPC in regard to NSP Project 108. Dates: 1921-1976
Extent: 1.5 linear feet (2 record cartons)
Container
Contents
Dates
Box/Folder 3/1
Project 108 – NSP Hearings Index
undated
Box/Folder 3/2
FPC Public Hearings Summaries
1973
Box/Folder 3/3
Public Hearing on Dam Construction
May 17, 1921
Box/Folder 4
Volume 6
September 13, 1973
Box/Folder 4
Volume 8
September 17, 1973
Box/Folder 4
Volume 9
September 18, 1973
Box/Folder 4
Volume 11
September 20, 1973
Box/Folder 4
Volume 12
September 21, 1973
Box/Folder 4
Volume 13
September 24, 1973
Box/Folder 4
Volume 14
September 25, 1973
Box/Folder 4
Volume 18
October 12, 1973
Box/Folder 4
Volume 19
October 15, 1973
Box/Folder 4
Volume 25-26
January 31-February 1, 1974
Box/Folder 4
Volume 27-28
February 4-5, 1974
Box/Folder 4
Volume 29
April 22, 1974
Box/Folder 4
Volume 33
December 1, 1976
Box/Folder 4/1
Volume 35
December 3, 1976
Box/Folder 4
Volume 36
December 6, 1976
Box/Folder 4
Volume 37
December 7, 1976
Box/Folder 6
Volume 38
December 8, 1976
Box/Folder 6
Volume 39
December 9, 1976
Box/Folder 6
Volume 40
December 10, 1976
Box/Folder 6
Volume 41
December 13, 1976
Box/Folder 6
Volume 42
December 14, 1976
Box/Folder 6
Volume 43
December 16, 1976
Series 5: Hydroelectric Development Project
Series contains documents pertaining to the Hydroelectric Development Project at the Winter Dam. Included are various studies performed to determine the feasibility of generating electricity with the dam, construction plans and agreements between NSP and the Lac Courte Oreilles in regard to the project. Dates: 1972-1986
Extent: .5 linear feet (1 record carton)
Container
Contents
Dates
Box/Folder 3/12
LCO Hydroelectric Development Project
1983-1984
Box/Folder 3/20
Power Sale Contract Drafts
1982-1983
Box/Folder 6/11
Invitation to Fund LCO Hydroelectric Project
ca. 1983
Box/Folder 6/12
Chippewa Reservoir Hydroelectric Development Feasibility Study
May 5, 1982
Box/Folder 6/13
Mead and Hunt Engineering Project Qualifications
ca. 1982
Box/Folder 6/14
US Dept. of Energy Financing of Small Hydroelectric Projects
1981
Box/Folder 6/15
LOC and NSP Joint Application for Hydroelectric License Exemption
1984
Box/Folder 6/16
Hydrologic Study Draft –Chippewa Flowage Project
August 1, 1972
Box/Folder 6/17
Hydrologic Study – Chippewa Flowage Project and Hydro plant blueprint
July 1973
Box/Folder 7/10
Hydroelectric Development Studies
1976-1984
Box/Folder 7/18
Development of LCO Power Project
1986
Series 6: Settlement
Series contains drafts and final copies of the settlement reached between the Lac Courte Oreilles Tribe and Northern States Power. Also included are draft and final copies of the Chippewa Flowage environmental statement and other agreements relevant to the management of the Chippewa Flowage.
Dates: 1971-1985
Extent: 1 linear foot (1 record carton)
Container
Contents
Dates
Box/Folder 1/3
Chippewa Project 108 Supplement to the Final Environmental Impact Statement
1976
Box/Folder 1/4
Chippewa Flowage Management Plan
1975
Box/Folder 1/7
Chippewa Reservoir – Project 108 Environmental Impact Statement
1971
Box/Folder 3/6
Proposed Settlement Terms
1980-1981
Box/Folder 3/7
Draft Sales Agreement and Correspondence
1983
Box/Folder 3/8
LOC Response to Initial Draft Agreement
1981
Box/Folder 3/13
Proposed Settlement Recommendations
1981-1982
Box/Folder 3/15
Draft Environmental Statement
1972-1973
Box/Folder 3/27
Development of Environmental Impact Statement and Flowage Management Plan
1975-1977
Box/Folder 3/32
Draft Settlement Proposals
ca. 1981-1983
Box/Folder 5/9
Wisconsin DNR Resolution to protect land in settlement proposal
1980
Box/Folder 5/19
Ecological Impact Statements & Organizations
ca. 1975-1982
Box/Folder 5/22
Proposed Settlements from NSP and Wisconsin DNR/ LOC Response
1981
Box/Folder 6/1
FPC Staff Draft Environmental Impact Statement
April 1973
Box/Folder 6/2
FPC Staff Final Environmental Impact Statement
August 1973
Box/Folder 6/4
Chippewa Flowage Land & Water Resources Management Plan
undated
Box/Folder 6/5
Chequamegon National Forest Plan and Draft Environmental Statement
1972, 1985
Box/Folder 6/6
Chequamegon National Forest Proposed Management Plan
ca. 1985
Box/Folder 6/7
Chequamegon National Forest Draft Environmental Impact Statement Appendix
ca. 1985
Box/Folder 6/8
Chequamegon National Forest Draft Environmental Impact Statement
ca. 1985
Box/Folder 6/9
Chequamegon National Forest Management and Environmental Statement Maps
1985
Box/Folder 7/6
Chippewa Reservoir Settlement Agreement
undated
Box/Folder 7/8
Draft and Final LCO Resolutions
1982-1984
Box/Folder 7/11
Leventhal comments on Draft Flowage Management Plan
undated
Box/Folder 7/14
LCO Settlement Proposal Development
ca. 1981-1982
Box/Folder 7/17
Final Agreement
1984