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SAN CARLOS APACHE TRIBE v. U.S.

No. 03-16874.

417 F.3d 1091 (2005)

SAN CARLOS APACHE TRIBE, a federally recognized Indian tribe; Velasquez Sneezy, Sr.; Elliott Talgo, Sr.; Paul Nosie, Jr., Plaintiffs-Appellants, Gila River Indian Community, Intervenor-Appellee, v. UNITED STATES of America; United States Department of the Opinion Interior; San Carlos Irrigation & Drainage District; Neil McCaleb, Director of the Bureau of Indian Affairs; Gail Norton, Secretary of the U.S. Department of the Interior; Steven A. Williams, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2005.

Attorney(s) appearing for the Case

Joe P. Sparks and Susan B. Montgomery, Sparks, Tehan & Ryley, Scottsdale, AZ, for the plaintiffs-appellants.

Michael T. Gray and Susan L. Pacholski, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Riney B. Salmon, II, Salmon, Lewis & Weldon, Phoenix, AZ, for the intervenor-appellee.

Rodney B. Lewis and John T. Hestand, Chandler, AZ, for the intervenor-appellee.

Before HAWKINS, McKEOWN, and CLIFTON, Circuit Judges.

McKEOWN, Circuit Judge.

In this action for injunction against the United States, the San Carlos Apache Tribe ("Tribe") seeks to maintain certain water levels in the San Carlos Reservoir ("Reservoir") in Arizona. The Tribe brought suit under various federal laws and federal common law and is primarily concerned with damage to the environment, including to fish and other species, caused by decreased water flow into the Reservoir. Our focus here is the Tribe's claim...

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