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 | 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 |