The resolution of the Penobscot River case is bittersweet. Although the Penobscot Indian Nation still does not have legal sovereignty over the waters surrounding their reservation, the Penobscot people have gained some practical jurisdiction over the Penobscot River through their collaboration with the Penobscot River Restoration Trust. The nation now enjoys improved water quality and growing healthy fish populations that allow them to practice their traditional subsistence practices. Moreover, they have compromised with hydroelectric companies and recreational users to ensure that all people can benefit from the Penobscot River.
We know of no reason why cleaner water to support our sustenance fishery would be incompatible with the ability of wastewater dischargers on the river to obtain [discharge] permits. We have always believed that the interests of our tribe can coexist with the interests of our neighbors on the river. Our problem has been that, until now, no one has recognized our interests
Chief Kirk Francis, 2015
The outcome does not recognize the PIN’s historical claims to the Penobscot River, nor does it affirm their right to jurisdiction and stewardship over the river that has shaped their culture for thousands of years. However, even though they have not secured legal protections, it seems that the public largely supports their continued relationship with the Penobscot River.
