The Enduring Ink: Yakama Nation’s Relentless Fight for Treaty Rights
The Columbia River snakes through the arid landscape of south-central Washington, its waters a lifeblood for salmon, agriculture, and the people who have called its banks home for millennia. For the Yakama Nation, this river and the vast lands surrounding it are not just a geographic feature; they are the physical manifestation of an enduring covenant – the Treaty of 1855. Signed under duress, yet imbued with the solemn promises of a nascent United States, this document is far more than a historical artifact. It is a living, breathing testament to Yakama sovereignty, a legal battleground, and a cultural touchstone that continues to shape the Nation’s identity and its relentless fight for justice.
The story of the Yakama Nation’s treaty rights is a powerful narrative of resilience against overwhelming odds, a complex legal saga, and a profound assertion of cultural survival. It is a story that began not with a grant of rights, but with their solemn reservation.
A Covenant Forged in Unequal Terms: The Treaty of 1855
In June 1855, representatives of the United States government, led by Governor Isaac Stevens of Washington Territory, convened with leaders from 14 distinct tribes and bands of Sahaptin-speaking peoples in what is now the Yakima Valley. The goal: to consolidate tribal lands and open the vast Pacific Northwest to American settlement. Chief Kamiakin, a prominent Yakama leader, was deeply wary. He understood the implications of signing away ancestral lands, foreseeing the conflicts that would inevitably arise. He resisted, but ultimately, under immense pressure and with promises of a secure future for his people, the treaty was signed on June 9, 1855.
The treaty established the Yakama Indian Reservation, a 1.3 million-acre tract of land, but it also ceded over 11.5 million acres of aboriginal territory to the U.S. government. Crucially, however, it explicitly reserved certain inherent rights for the Yakama people. Article III of the treaty states: "The exclusive right of taking fish in all streams running through or bordering said reservation is further secured to said confederated tribes and bands of Indians, and at all usual and accustomed places, in common with citizens of the Territory." This seemingly simple clause would become the bedrock of generations of legal battles, extending far beyond just fishing to encompass hunting, gathering, water, and environmental protection. The language "reserved," not "granted," is critical; it underscores the understanding that these were not new rights given by the government, but pre-existing sovereign rights the Yakama chose to retain.
The Inevitable Clash: Early Encroachment and Legal Assertion
Almost immediately, the ink on the treaty was barely dry before its promises began to unravel. The influx of settlers, the construction of railroads, and the burgeoning fishing industry on the Columbia River led to direct conflicts. Non-Native fishermen and landowners denied Yakama access to their traditional fishing sites, often violently.
This tension culminated in United States v. Winans (1905), a landmark Supreme Court case that set a crucial precedent. The Winans brothers, who owned land along the Columbia River, obstructed Yakama fishermen from accessing their traditional fishing grounds. The Court ruled in favor of the Yakama Nation, affirming that their treaty rights to fish "at all usual and accustomed places" included the right to cross private land to reach those sites. More importantly, the Court articulated the "reserved rights" doctrine, stating that the treaty was not a grant of rights to the Indians, but a reservation of rights already possessed. This was a pivotal victory, establishing that treaty rights supersede state law and private property rights when it comes to access to traditional resources.
The Deep Wound of Celilo Falls and the Fight for Salmon
Despite the Winans victory, the 20th century brought new and devastating challenges. The construction of hydropower dams on the Columbia River fundamentally altered the ecosystem and, with it, the Yakama way of life. The most painful loss came in 1957 with the inundation of Celilo Falls by the Dalles Dam. For millennia, Celilo Falls had been the economic and cultural heart of the Columbia River tribes, a sacred site where thousands gathered annually to fish, trade, and celebrate. Its disappearance beneath the rising waters was a profound blow, a physical and spiritual amputation for the Yakama and other river tribes.
The loss of Celilo galvanized the fight for fishing rights. While compensation was offered, it could never replace the spiritual void. The focus shifted to ensuring the remaining salmon runs were protected and that treaty tribes received their rightful share. This struggle culminated in a series of legal cases, notably Sohappy v. Smith (1969) and United States v. Oregon (1974), which, alongside the "Boldt Decision" in Washington State concerning Puget Sound tribes, affirmed the tribes’ right to a "fair share" of the salmon harvest, often interpreted as 50% of the harvestable run. These rulings, though initially met with fierce resistance, cemented the co-manager status of treaty tribes in salmon fisheries, a responsibility they take seriously, investing heavily in hatchery programs, habitat restoration, and scientific research.
Beyond Fish: Water, Land, and Environmental Sovereignty
The concept of treaty rights for the Yakama Nation extends far beyond just fishing. Water, land, and environmental protection are inextricably linked to their cultural survival and economic well-being.
The Yakima River Basin, a fertile agricultural region, is highly contested for its water resources. For decades, the Yakama Nation has been engaged in complex legal and political battles to assert its senior water rights, which predate all non-Native claims due to the 1855 Treaty. The Yakama’s advocacy for water management is not merely about irrigation; it’s about ensuring sufficient instream flows for salmon, protecting riparian habitats, and preserving traditional gathering sites. The ongoing Yakima River Basin Water Enhancement Project, a collaborative effort, represents a slow but significant movement towards more equitable and sustainable water management, largely driven by Yakama leadership.
Perhaps one of the most pressing contemporary issues is the legacy of the Hanford Nuclear Reservation, located directly upstream from the Yakama Reservation on the Columbia River. Hanford was a primary site for plutonium production during the Cold War, leaving behind an estimated 56 million gallons of highly radioactive waste and vast tracts of contaminated land. The Yakama Nation’s traditional lands, cultural sites, and vital food sources, including salmon, deer, and traditional plants, have been directly impacted by this environmental catastrophe. The Nation has been a relentless advocate for a comprehensive and thorough cleanup, asserting its inherent sovereign right to protect its ancestral lands and the health of its people. They actively participate in oversight committees, providing crucial indigenous knowledge and perspectives that often challenge federal agencies’ approaches.
The Full Scope of Sovereignty: Governance, Health, and Education
The 1855 Treaty also laid the groundwork for the Yakama Nation’s inherent right to self-governance. While often overlooked in the high-profile resource battles, the ability to manage their own affairs, establish their own laws, and provide for their people is a fundamental treaty right. The Yakama Tribal Council, as the governing body, oversees a complex array of services including law enforcement, courts, healthcare, education, social services, and economic development initiatives, such as gaming and agricultural enterprises. These are not merely administrative functions; they are expressions of sovereignty, designed to foster a healthy, thriving community that can preserve its culture and traditions for future generations.
The Nation’s commitment to education is profound, understanding that knowledge empowers self-determination. They have their own educational institutions and programs, often integrating traditional Yakama language and cultural teachings. Healthcare, too, is seen as a treaty obligation of the U.S. government, though often underfunded, leading the Yakama Nation to invest its own resources to fill the gaps.
The Enduring Spirit: A Living Document
The Yakama Nation’s fight for treaty rights is not a relic of the past; it is a dynamic, ongoing struggle. It is a testament to the foresight of leaders like Chief Kamiakin, who understood that true peace and justice required respecting the inherent rights of Indigenous peoples. The "usual and accustomed places" for fishing and gathering are not static points on a map; they are living landscapes that require constant vigilance against degradation and encroachment.
From the quiet dignity of a Yakama elder casting a net into the Columbia to the impassioned testimony of a tribal leader before Congress, the spirit of the 1855 Treaty resonates. It serves as a reminder that treaties are the supreme law of the land, and their fulfillment is a moral and legal imperative. For the Yakama Nation, these rights are not just legal entitlements; they are the threads that weave together their past, present, and future, ensuring that their unique culture, traditions, and relationship to their ancestral lands will endure for generations to come. The ink on the 1855 Treaty may be dry, but the Yakama Nation’s resolve to uphold its promises remains as vibrant and unyielding as the Columbia River itself.
