This referral involves the unauthorized construction of four dikes in the Wind River by Respondent, resulting in the diversion of flow in the river and the attendant gain of the use of approximately 300 acres of land by Mr. Hubenka. Prior to construction of the dikes, this acreage, which is part of the Wind River Reservation, was accessible to the Northern Arapaho and Eastern Shoshone Tribes.
The final order resolves a Clean Water Act civil judicial action against John Hubenka and LeClair Irrigation District for unlawful discharges of dredged and fill material into the Wind River in Fremont County, Wyoming, related to the construction of four dikes within the river. The dikes were constructed without first obtaining a CWA Section 404 permit from the Army Corps of Engineers. Construction of the dikes facilitated the changed flow of the Wind River from its north channel to its south channel, which rendered over 300 acres of tribal land inaccessible to the Northern Arapaho and Eastern Shoshone tribes.