DURANGO, Colo. (CBS4) – There’s a battle emerging over hydraulic fracturing rights on Native American tribal lands.

The Durango Herald reports the Southern Ute Indian Tribe has filed a lawsuit against the Department of Interior challenging a new Bureau of Land Management rule that requires federal and state permits to frack on tribal land, but the tribes say only they have authority over their land.

“The BLM was overreaching when it enacted this rule for tribal lands,” he said. “Tribal lands should be treated differently than federal lands. Some of the provisions in this new rule are just burdensome regulations that are not tied to an environmental benefit,” Southern Ute Chairman Clement Frost told the Durango Herald.

The Southern Ute Indian reservation is east of Durango near the New Mexico state lane.

The rule is set to go into effect Wednesday. Several states, including Colorado, have already filed a joint lawsuit protesting the fracking rule.