John Hubenka, Clean Water Act Violation, WY 2005

RIVERTON, WY – John Hubenka was sentenced to probation in December 2004 for illegally altering the course of the Wind River in Wyoming, impacting tribal lands of the Eastern Shoshone and Northern Arapaho Tribes. The case, prosecuted by the Environmental Protection Agency (EPA), stemmed from extensive dredging and construction activities undertaken by Hubenka beginning in 2003. The actions resulted in the erosion of over 300 acres of land belonging to the Wind River Indian Reservation.

According to court documents, Hubenka owned property north of the Wind River, near Riverton. He initiated a project to construct three large earthen dikes, intending to redirect the river’s flow. However, the project was undertaken without the necessary permits or approvals required under the Clean Water Act. The alterations to the riverbed caused the waterway to shift southward, effectively carving into and claiming a substantial portion of the adjacent tribal lands.

Federal prosecutors alleged Hubenka knowingly violated the Clean Water Act by discharging dredged material into navigable waters without authorization. The EPA’s investigation revealed the deliberate nature of the construction and its direct impact on the Wind River and the reservation. Tribal leaders expressed concerns about the loss of land, potential damage to culturally significant sites, and the long-term ecological consequences of the river’s altered course.

Hubenka was initially charged on January 14, 2004, with three counts of violating 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act – specifically, knowingly violating the law’s provisions regarding the discharge of dredged or fill material. He subsequently entered a guilty plea, admitting to the unauthorized modifications of the Wind River’s channel.

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Sentencing and Aftermath

On December 27, 2004, Hubenka received a sentence of 12 months probation. Notably, no financial fine was imposed. The relatively lenient sentence has drawn scrutiny from some observers, who argue it doesn’t fully reflect the significant environmental damage and impact on tribal sovereignty caused by Hubenka’s actions. The EPA maintains that the probation sentence, coupled with the requirement to cease all further unauthorized construction, serves as a deterrent to future violations of the Clean Water Act.

This case highlights the importance of adhering to environmental regulations, particularly when projects intersect with tribal lands and sensitive ecosystems. The Wind River remains a vital resource for both the Eastern Shoshone and Northern Arapaho Tribes, and the long-term effects of Hubenka’s alterations will continue to be monitored. The EPA continues to prioritize enforcement of the Clean Water Act to protect the nation’s waterways and the rights of all stakeholders.

Key Facts

Defendant: John Hubenka
Location: Wind River near Riverton, Wyoming
Statute Violated: 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
Impact: Erosion of over 300 acres of Wind River Indian Reservation land
Plea: Guilty to three counts of violating the Clean Water Act
Sentence: 12 months probation, no fine
Date of Sentencing: December 27, 2004

Source: EPA ECHO Enforcement Case Database

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