STATE v. CONFEDERATED SALISH & KOOTENAI

No. 84-333.

712 P.2d 754 (1985)

STATE of Montana, ex rel., Mike GREELY, Attorney General, Water Court of the State of Montana and the Judges of That Court, Petitioners, v. The CONFEDERATED SALISH AND KOOTENAI TRIBES OF the FLATHEAD RESERVATION, the Crow Tribe of Indians of the Crow Reservation, the Northern Cheyenne Tribe of the Northern Cheyenne Reservation, and the United States of America, Individually and as Trustee for the Blackfeet Indian Nation of the Blackfeet Reservation, the Chippewa-Cree Tribes of the Rocky Boy's Reservation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, The Crow Tribe of the Crow Reservation, the Gros Ventre, Sioux and Assiniboine Tribes of the Fort Belknap and Fort Peck Reservations, the Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, and the Turtle Mountain Chippewa Tribe, a North Dakota Tribe with allotments to land in the State of Montana, Respondents.

Supreme Court of Montana.

Decided December 18, 1985.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Clay R. Smith argued, Asst. Atty. Gen., Helena, W.W. Lessley argued, Chief Water Judge, Sarah Arnott argued, Water Master, Bozeman, for petitioners.

Goetz, Madden & Dunn, James H. Goetz argued for Confederated Salish and Kootenai Tribes, Bozeman, also, Daniel F. Decker argued, Pablo, Byron H. Dunbar, U.S. Atty., Billings, William P. Horn, Under Secretary U.S. Dept. of the Interior, Washington, D.C., Patrick Barry, Div. of Indian Lands and Natural Resources, U.S. Dept. of Justice, Washington, D.C., Allen E. Rowland, President, Northern Cheyenne Tribal Council, Lame Deer, Norman Hollow, Chairman, Fort Peck Tribal Executive Board, Poplar, Jeanne S. Whiteing argued for Native American Rights Fund, Boulder, Colorado. Robert S. Pelcyger, Boulder, Colo., Donald Stewart, Sr., Admin. Chairman, Crow Tribal Council, Crow Agency, Thomas E. Luebben, Albuquerque, N.M., Joseph R. Membrino, Jr., Asst. Sol., Div. Indian Affairs, U.S. Dept. of Interior, Washington, D.C., Blake A. Watson argued, Land & Natural Resources Div., Washington, D.C., Reid Peyton Chambers, Sonosky, Chambers & Sachse, Washington, D.C., Francis X. Lamebull, Harlem, Franklin R. Perez, President, Fort Belknap Comm. Council, Harlem, John Windy Boy, Chairman, Chippewa Cree Tribe, Box Elder, Richard LaFromboise, Chairman, Turtle Mountain Chippewa Tribe, Belcourt, N.D., Joseph Felsman, Chairman, Confederated Salish & Kootenai Tribes, Pablo, Earl Old Person, Chairman, Blackfeet Tribe, Browning, Joseph J. McKay, Browning, Calvin Wilson, Busby, Philip E. Roy, Browning, for respondents.

Steve Bunch argued, Montana Legal Services, Helena, Nancy Richardson, Montana Legal Services, Browning, D. Michael Eakin, Montana Legal Services, Billings, for amicus curiae.


WEBER, Justice.

On July 13, 1979, this Court ordered the statewide adjudication of all water rights in Montana to be commenced pursuant to § 85-2-212, MCA. On August 3, 1984, the State of Montana, ex rel. Mike Greely, Attorney General, filed an application for writ of supervisory control of the Montana Water Court and the judges of that court. The State asked this Court to assume original jurisdiction to determine two issues: (1) Is Montana's Water Use Act adequate...

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